19760629.pdf - PA Legislature -

COMMONWEALTH OF PENNSYLVANIA

TUESDAY, JUNE 29, 1976

Session of 1976 160th of the General Assembly Vol. 1, NO. 149

PRAYER I YEAS-193

HOUSE OF REPRESENTATIVES The House convened at 10 a m , e.dt.

THE SPEAKER (Herbert Fineman) IN THE CHAIR

MASTER ROLL CALL The SPEAKER. The Chair is about to take today's

master roll. Members w ~ l l proceed t o vote.

The roll was taken and was as follows:

BISHOP JOHN B. WARMAN, resident bishop of The United Church of Christ, Harrisburg area, Pennsylvania, :uest chaplain and guest of the gentleman from Colum- >ia, Mr. Shelhamer, offered the following ~ r a y e r :

. . . one of another-brothers and sister in Thv familv.

Abraham Gallen McCall Ryan ~ ~ ~ i ~ ~ ~ ~ . J. H. ~ ~ n i ~ MeClatchy Saloom Anhum ~ c e s e y McCue Salvstore

::;?;,,,, Geblm M ~ G i n n h Schcafler George McIntyrc Sehmltt

Bennett G?al~llilalco M C L B ~ B Schweder - . .

0 , Thou Father God of all humankind, of all lands, ,eoples, and nations:

We ask Thy blessing on these men and women who ihape the laws and influence the morals of this Com- nonwealth. You know the burdens of office they bear. You Buow how they labor. You know the high dreams )f service they cherish in their hearts. You also know the xessures and the temptations that confront and entice .hem. You know how much the often thankless public ?xpects of them. You know the loneliness of their posi- .ion.

Give them, then, these blessings we pray Thee: A mind to seek justice; A heart filled with mercy; The courage that dares to stand alone; Humility that is content to serve; And the s s m ~ a t h s that makes us members

BcRn Berlin Bcrson Bittle nonetto ~~~~~~ nrunner

c ~ ~ , , ~ ~ cessvr

Fz?lu Cohen coweu Crawford Cumherland Davlea DeMedio Dcvertv Dewwe Dicarlo DiDonato uietz

Send good upon them and enable them to achieve :reatly that by them this Commonwealth may prosper in ~eace. Amen.

JOURNAL APPROVAL POSTPONED

Gleeson Goodman

- ".. la,, D~~~~ ~ c k ~ n s b e r g e r Enelehrrt Fawcen Fee Fisehv Fisher

The SPEAKER. Without objection, approval of the ournal for Monday, June 28, 1976, will be postponed mtil printed.

Green Greenfield

-

Flaherty Foster, A, Foster. W. Freind Fryer Gallapher

Grieco Gting iIalverson ?lamilton. J . >:ammock Hasiir FIaskell FIayes. D. S. Nuyes, S. E. Hrpford Hill Hopkine Hutchtnsan. Hutchrmon. lrvis Itkin J o b a n , J. Kstz Kelly. A. P. Kelly. J. B. K e r n l ~ k Kfstler mingaman Kolter Kowalyshyn Kusse Laudadlo Laughlln Lcderrr Lehr Letternan Levi Lincoln Lome Lynch Mande~lnO Manmiller

Mebus Menhorn Milanovlch M!lier, M. E. Miller. M. E.. Milljron Miscevieh Moehlmann Morris Mrkonic Mulien. M. P Mullen M u t o M Y " ~ Novnlc Naye O'Brien O ' C o ~ e l l O'Donnell O'Keefe Ollver Pancoast Parker. H. S. Perri Perry Petrarca P i e v s b Pit* Polite Pratt Prendergast Pyles Rappaport Itavenctahl Reed Renninger Renwick Rhodes Richardson Rieger Rltter Ross Ruggiero

Scirica Seltzer

Sheitan Shuman Shupxuk Slr~annl Srmth. E. Srnlth. L Spencer Stahl stap1et.n stout Taridonto

Turner Valicentl vroon wensacz warn0 Weiber Westerberg Whelm Wiggins Williams Wilaon Wflt. R. W. Wilt. W. W. womi10w Wright Yohn Zearfou Zeller Zord Z W

LEAVES OF ABSENCE I NOT VOTING-10

The SPEAKER. The Chair recognizes the majority eader.

Mr. IRVIS. Mr. speaker, I have no further requests or leaves of absence.

The SPEAKER. The Chair recognizes the minority

EL,, L a M m a Wagner W0jd.k McGraw Welsh. T. P. Ypbner

ffiepper ~istynark~

The SPEAKER. One hundred ninety-three members having indicated their presence, a master roll is estah- lished.

vhip. Mr. RYAN. I have no further requests for leaves of

bsence. The SPEAKER. The Chair thanks the gentlemen.

HOUSE BILL NO. 2422 RECOMMITTED The SPEAKER. The Chair recognizes the majority

leader.

RULES SUSPENDED TO CONSIDER Agreeable to order,

SENATE BILLS SECOND TIME The House proceeded to second consideration of Senatr

bill No. 965, printer's No. 1117, entitled:

5686 LEGISLATIVE J O U R N A L H O U S E June 29,

Mr. IRVIS. Mr. Speaker, on page 2 of today's calendar, I move that House bill No. 2422 be recommitted to the Committee on Appropriations.

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

BILLS REMOVED FROM TABLE FOR CALENDAR

The SPEAKER. The Chair recognizes the majority leader.

Mr. IRVIS. Mr. Speaker, on pages 19 and 20 of today's calendar, I move that the following Senate bills he removed from the table and placed on the active calendar:

Senate hill No. 965; Senate bill NO. 1186; Senate hill NO. 1187; Senate bill NO. 1557; Senate bill NO. 1579; and Senate hill NO. 1581.


Katz P1~1ma.t vmm Kelly, A. P. Parker. H. S. Wmsaez

nleh K ~ U Y . J. B. Perri w.m.go D i n i d Kernlck Perm Weidner Dombrod Kirt1.r Petrares Waterberg Don' KLingamsn Ilei-slry Whelan Doyle Kolter Pltts Wigglns nreibslbi# Kowalylhm Poutc Wiluams Dumas Kusre Pratt Wilt. R. W. Eckewberga~ LshIaras Prendergast Wilt. W. W. Englehart Laudadlo Pyleleu WnlTflow Fawrrtt Lsughlb Rappaport Wrlght Fee Lederer ltnvrnstahl Yobn ~ i s ~ b e r Lehr Reed aller FWlu Lettarman Renninser Zord

Lev1 Kenwick Zarikl Poster. A. Lincoln Rhodes Foster. W, Lome Rlehardson Finernan. Frelnd Lynch Riegu' Speekc:

NAY-3

Halverson Wilson Zearfors

NOT VOTING-14

Cole Knepper U~tmw!d WPM,. T. P. Gleaaon MeGraw VaUeentl Wojdak Hammock Mullen, M. P. Wagner Y a n v Itkin Shupnik

So the question was determined in the affirmative and the motion was agreed to.

BILLS ON SECOND CONSIDERATION


IRVIS, M,., speaker, I ask that we waive the rules at this time to permit the consideration of these Senate bills for the second time today so that they may appear on third consideration tomorrow.

An Act amending the act of May 1, 1933 (P. L. 103, No 69), entitled "The Second Class Townshlp Code," furthei providing for the compensation of the township treasurer

And said hill having been considered the second time and agreed to,

Ordered. to be transcribed for third consideration. The SPEAKER. The majority leader moves that the

rules be waived so that the House may consider a second tirne the hills in questioll as delineated by the majority leader.

Agreeable to order, The House proceeded to second consideration of Senata

bill No. 1186, printer's No. 1415, entitled: -.~ ~ ~ - - .

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

The yeas and nays were required by Messrs. IRVIS and MANDERINO and were as follows:

YEAS--186

An Act amending the act of May 21, 1943 (P. L. 571 No. 254), entitled, as amended, "The Fourth to Eightt Class County Assessment Law," further providing for cer tain information on assessment notices.

And said bill having been considered the second timl and agreed to,

Ordered, to be transcribed for third consideration.

Abraham Flyer Mnnduino Rltter Andermn. J. a. GaUaghrr M a d U e r R- Arthum Gallen ~ e C a l l Rugglero Barber Garda Malntchy Ryan

Geeaey McCue Saloom Bellomfnl Bennett tiolder McGinnis Salvatore

George McIntyre Seheaffer Beren Berlin tilammarco Mclane Schmitt Herson Glllrspie Mebus Schweder ~ i t t l s Gillette Menhorn Sdrlca Boner& Gleeaon Wlanovieh Seltzer Bradley Gwdman Miller, M. E. Sh.no Brandt Green Wller. M. E.. Jr. Shelhuner

MlUfron Shelton BNMW Greenfield Burns Grfeco Mlseevlch Shuman Butera Grlne Tdoehlmann Sinanmi Caputo Hamilton. J. H. Morris smith. E. CB- Hmay Mrkonfc Smith. L.

MuUen Spencer Clandulll Haskell Clrmnl Heyes. D. 8. Murto Stahl Cohen Hayes. S. E. Myen Stapleton Cowell Hepford Nova* Stout Crewford Hill Noye Taddonlo Cumberland Hopkin? O'Brien Taylor Uavies Hutchlnson. A. O'Conneli Thamm DeMedla ~utehinron, W. o'~onnel1 Toll Deverter Irvis O'Keefc hello DeWeess ~ohlwon, J. OUver Rvnsr

Agreeable to order, The House proceeded to second consideration of Senat1


An Act amending the act of May 22, 1933 (P. L. 853, No 155), entitled "The General County Assessment Law,' further ~roviding for certain information on assessment: notices.

And said bill having been considered the second timf and agreed to,


Agreeable to order, The House proceeded to second consideration of Senat<


An Act making an appropriation Jo the Department o Health for service and administration of the Swlne F11 Prevention Program.

And said bill having been considered the second timt and agreed to,

1976. LEGISLATIVE JOURNAL-HOUSE 5687

Ordered, to be transcribed for third consideration. Additions: .. , I House bill No. 309-Mr. Reed:

Agreeable to oraer, The House proceeded to second consideration of Senate


An Act making an appropriation to the Department of Health for the period July 1, 1976 to June 30, 1977, for the purchase of movable equipment for the State labora- tory.

And said bill having been considered the second time and agreed to,


Agreeable to order, The House proceeded to second consideration of Senate


A Supplement to the act of November 30, 1965 (P. L. R43, No. 355), entitled "An act providing for the establishment and oneration of T e m n l ~ Universitv as an inqtm- ~ ~~ -~ ~ ~ ~ - - ~ .~ - ~ - - - ~ - ~ " --- .. mentality of t'he Commonwealth to serve as a State- related nniversitv in the higher education system of the Commonwealth; -. . . ," makyng appropriations for carry- mg the same into effect, providing for a basis for pay- -nents of such appropriation and providing a method of lcconnting for the funds appropriated.

And said bill having been considered the second time ~ n d agreed to,

Ordered, to be transcrjbcd for third consideration.

House bill No. 1577-Mr. D e ~ e e s e ; House bill No. 1603-Mr. Noye: House bill No. 2052-Messrs. Reed and Milliron; House bill No. 2265-Mr. DeWeese; House bill No. 2345-Mr. Pitts; House bill No. 2363-Mr. DeWeese; House bill No. 2372-Messrs. O'Donnell and DeWeese; House bill No. 2456-Mr. Reed; House bill No. 2457-Mr. Reed; House bill No. 2458-Mr. Reed; House bill No. 2486-Mr. Pratt; House hill No. 2487-Mr. Reed; House bill No. 2488-Mr. Cowell; and House bill No. 2494-Messrs. Parker and D. S. Hayes.

Deletions: House bill No. 614-Mr. Mrkonic; House hill No. 1491-Mr. Milliron; Honse bill No. 1603-Mr. Polite; House bill No. 2002-Messrs. Polite and Scheaffer; IIouse bill No. 2257-Mr. Ryan; House bill No. 2360-Mr. O'Keefe: and House bill No. 2494--Mrs. Kernick.

On the question, Will the House aeree to the motion?

Agreeable to order, The Honse proceeded to second consideration of Senate The yeas and nays were required by

)ill No. 1208, printer's No. 1712, entitled: and MANDERINO and were as follows:

And said bill having been considered the second time ~ n d agreed to.

An Act amending the act of May 21, 1931 (P. L. 149, Vo 105), entitled, an amended, "The Liquid Fuels Tax Ict," providing for a rebate of the tax paid under certain ,onditions

01,d&ed, to be transcribed for third consideration. 1 i5g

YEAS-183

A b r h Geency McGInnls Anderson. J. H. Gelsler MEIntyre Arthun Georer McLElne

1 eittii- nII.1, REnlOVED FROM TABLE Bnnetto

AND REREFERRED Xrndle)l !,rand,

The SPEAKER. The Chair recognizes the majority pader.

Mr. IRVIS. Mr. Speaker, on page 20 of today's calen- lar, I move that Senate bill No. 1208 be removed from he table and rereferred to the Committee on Appropria- ions for a fiscal note.

DECISION OF THE CHAIR RECONSIDERED The SPEAKER. The Chair reconsiders its decision an

- 1 :,* On the auestion.

- ~-~

R r u m sum. Butera caputo c,, Clandulll

gizi Crawford C Y m b . l h d Davfss DcMedia Devcrtar Dew-e

~ .~. 3 Senate bill No. 1208 having been considered the second ime. The qucstion is on the majority leader's motion con-

erninrr Senate bill No. 1208.

Will the House agree to the motion? Motion was agreed to.

Dletz

g E 0 - nn-

RULES SUSPENDED TO ADD AND DELETE SPONSORS

The SPEAKER. The Chair recognizes the majority :ader. Mr. IRVIS. Mr. Speaker, I move that the House of

epresentatives suspend its rules to permit additions and

Wlaehv Plshtr a h h e Faster. A. Foster, W FrPm Gallamer Gallen

- Giammlreo Glllette Glemon Goodman Green Greenfield Grieco Grlng Halversan Hamlton. I. a. HBSBY HaakeU Hayes. D. S. Rayes, S . 2. Hmford Hill Hupklnr Hutchlmon, A. Irvls Itkln Katr Kelhi. A. P. !Leily. J. B. Kernlek Klstlrr Kllngamm Kowalphpln Kusse La&Ierca Laudadio Laushlln Lederar Lehr Letfpmll) Leu1 -- . Llncoln L o m e LY"& Mulderlno Manmfller MeCaU MeClatchy MeCue

Milarovich Miller, M. E. Miller. M. E.. Jr. Mflllron

Myers Novak Noye O'Brim O'Connell O'Domell O'Kecfe ouver Pancoast Parker. H. S Perrl

pollie Pratt PrendergM Pyles Rappaport Ravenstah1 R e d

Messrs. IRVIS

sciries Seltzer s h m e Sholhlmsr Shelton Shumur Shupnir Slriami Smith. E. smith, L. s p a c u Stahl Stapleten s tout T e d d d o Taylor T h o r n Toll Tnuo Turn* va-u vr- W-ez wargo Weldner Wtsterberg Whclan wiggins WLLm Wllt. R. W. Wilt. W. W. Worrllov, Wright Yohn Zearrosv Zeuu Zord z* memm.

Speaker

aletions of sponsors on the followi$ bills: I NAYS-4

LEGISLATIVE JOURNAL--HOUSE June 29,

NOT VOTING-20

Bellomin( ~ l l l e sp l e K n c p F 'Run- Coben Gleanan ~ o l t u wallh. T. P. Cole Iiammoclr MeGr~w Willlams Doyle HuteNruon, W. Rhades Wojdak Freind Johnson. J. U s t g n w Yahner


CALENDAR

HEALTH AND WELFARE BILL ON THIRD CONSIDERATION

Agreeable to order, The House proceeded to third considerat~on of senate


An Act regulating the licensing, inspection and operation of ambulance services providing standards for the certification of ambulance's and ambulance personnel, providing for renewal and revocation of licenses and providing penalties.

On the question, Will the House agree to the bill on third consideration? Bill was agreed to.

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

The question is, Shall the bill pass finally?

The SPEAKER. The Chair recognizes the gentleman from Blair, Mr. Hayes.

Mr. S. E. HAYES. Mr. Speaker, just briefly, a couple of weeks ago, we debated another piece of legislation. House bill No. 1603, and there were strenuous concerns with regard to what powers were to be given the Secre- tary of Health with regard to his supervision over volunteer ambulance services, et cetera.

As I read Senate bill No. 46, I respectfully suggest, Mr. Speaker, that we are asking the volunteer services of Pennsylvania to take a ride on the Titanic. We will surely hring under the control of the secretary of ~ ~ ~ l t h , absolutely, the volunteer services of Pennsylvania.

I believe all of us have had a letter distributed to us from a gentleman by the name of ~ i ~ h ~ ~ d N. ~ ~ ~ t l ~ t t , who is the editor of the Para-Medical Journal, and he is also a member of the Pennsylvania Ambulance Associa- tion. Regardless of whether I agree with everything the gentleman states in his letter, he does call to our attention the fact that today in Pennsylvania there are over 11,000 emergency medical technicians. He makes note of the fact that even in the ambulance services run by volunteer fire companies, the majority of attendants are now certified.

I think this points up a very cogent reason why we should step carefully when we consider whether we are going to embark upon this bold adventure of bringing the Secretary of Health into our volunteer services. ~h~~ are performing well at the present time. are making efforts voluntarily to train their personnel, to equip their stations with people and equipment necessary to bring expertise and services to the far c o p ners of this Commonwealth. 1 do not think that at this time we should engage the Secretary of Health, his department and his bureaucrats any more intimately than they are at the present time.

We have passed in this chamber legislation which will provide grants at a low rate of interest. Right or wrong, this House of Representatives has passed House bill No. 1603. As I mentioned earlier, if we yet pass Senate bill No. 46, I respectfully suggest that we will be asking our volunteer services of Pennsylvania to take a ride on the sinking ship Titanic,

I do not think that we have to take this action at the present time. We ought to be very careful to maintain that modicum of volunteer spirit in our Commonwealth as found in our volunteer fire companies and ambulance services. They are performing well, and we should noi diIute this service by the inefficiencies, the lassitude, the lethargic nature of state government. They are thriving now. Let us not give the Secretary of Health more power

If You take the time to read Senate bill No. 46, time after time after time, page after page after page, we arc giving the Secretary of Health almost unbridled powers ir the area of volunteer health services in Pennsylvania This is a bold departure from the volunteer spirit we presently have, and I suggest defeat of Senate bill No. 46

Thank you, Mr. Speaker.

The SPEAKER. The Chair recognizes the gentlemar from Clearfield, George.

Mr. GEORGE. Mr. Speaker, I say to you witbou reservation that I perfectly accept the fact that the sponsors of this bill in fact did want to do something for t h ~ people of Pennsylvania. But I submit to you if you wii read this bill, as many of us have, you will find that a1 it does in fact is impose controls,

Now controls and laws are good when in fact they di good. But I ask those who are not aware of the volun teer ambulance services and what they provide for th rural areas to understand that these controls will literall; wipe out the service that is provided to those in ou areas who are receiving the best possible service. M fear is that,. with the passage of this bill, it will cam pletely eliminate most of the volunteer services in th rural area, I Can only sa~.-and I hope that I do not impugn, M)

Speaker, anyone within the concept of what I say-tha this reminds me of the cliche that again we need a regis tration, again we need a license, so that in fact the peopl of Pennsylvania Will be provided for and provided fo

I SaY this will hot happen. This is just another r u s ~ the fact of "no tickee no washee." We do not need th ticket to get the wash. We will stay with the voluntee service that we are getting now, if you will allow us.

Thank You very much.

The SPEAKER. The Chair recognizes the gentlema from Bucks, Mr. Berlin.

Mr. BERLIN. Mr. Speaker, at the time this bill wz first introduced, about 2% to 3 years ago, this subje~ Was very controversial, very sensitive. ~t ~ rodnced tremendous furor among the various ambulance corn ~ a n i e s , the volunteer ambulance companies, and all tho. who provide emergency medical care. But since the tim the bill was first introduced, the field of emergenc medical care has exploded so that now the basic prov: sions of this bill are viewed as very mild.

There is another bill in the House of Representative a House bill, which was not moved this session, which

LEGISLATIVE JOURNAL--HOUSE

3y the firemen's groups in Pennsylvania and by every 3ther ajjociation. I The SPEAKER The Chair recogni~es the gentleman

much more restricting and would have a much more profound impact.

What we are going with is a hill that is relatively mild. The vast majority of the volunteers of Pennsylvania will fcel no effect as a consequence of the passage of this bill. The only people who provide emergency care who will be impacted by the provisions within this bill are those who have received no training at all.

I think you can understand that all we are asking for is that i f you are going to go out on an ambulance and provide emergency medical care to an accident victim, to a coronary victim, you ought to have at least the minimum training of any kind. That is all we are asking for; not profound advance training, not the controversial new 81-hour course. We are asking for the old minimum ~f 40 hours of training. The hill is mild enough so that if yon arc not now trained at the time of passage, you lave an additional 2 w a r s to pick up the 40 hours of iraining.

We do not believe that is very restrictive. All we are iugqesting is that i f you do want to provide this kind of 3 vital service, you at least have some minimum training. Phe 40-hour course is the course that has been endorsed

46. If you want to continue a volunteer system that saves you money with people who are qualified, then vote "no" on Senate bill No. 46.

We see how the Department of Health has goofed up the medical services in the hospitals to the point where, right now, You cannot afford to get sick.

There was a woman in Allentown who died after two and a half hours in the Allentown State Hospital, and the hill was $853 for two and a half hours. When I questioned it, I even found that they had charged douhle on one item. As a matter of fact, I can show you case after case. One man was in the Allentown State Hospital-and I say this as an example of what can happen here-for 27 hours with a heart condition. He died, and the bill was $4,200. There was no open-heart surgery or anything like that, hut these are the kinds of things that are happening there. Think of what is going to happen when you wind up with this bill and you wind up with these paramedics. You are going to pay for it, and you cannot afford it.

We are doing a job now with the volunteers. God bless them. These people pioneered for years without any help, strictly by volunteering their services. Let 71s let them continue. Let us vote this down.

The ambulance associations would like more training. rhis hill calls for less training, so really it is the best :ompromise. I t has the agreement of all the volunteer 'iremen in Pennsylvania or at least their assnciations.

Each provision of the hill is designed so that there is a .vaiver, and the impact upon the individual can he mini- nized. ~ u t we do believe that if we do not pass this bill, me will probably impair or restrict the flow of funds for he highway programs.

The genesis fo r this movement at the Federal eve1 to get the states to upgrade their emrreency med-

care has the care provided through the nterstate system was not u p t o snuff. That is the basic r ig in of this whole movement.

Now this bill is way below what would be considered a legative impact on the volunteers in Pennsylvania. They lave responded well to the incentives. We do not f e d hat we have to institute mandatory regulations. All we lave to do is set some very, very mild minimums. and he volunteers within their own professionalism and dedi- .ation will take care of the rest.

I ask that you support the hill. It is a good bill. It will lot hurt the volunteers; it will produce the desired effect md it will get the job done.

he SPEAKER. he Chair recognizes the gentleman rom Lehigh, Mr. Zeller.

Mr. ZELLER. Mr. Speaker, to back up what Mr. Hayes las stated already, we have qualified, certified volunteers a~ho pioneered for years to set up a system and to become :ertified, qualified people in this business of ambulance :ervice.

I see this as a move to lock in a certain group who will e t up another lucrative section in the Department of lealth and have the Secretary of Health take care of hose student doctors and nurses who cannot cut the nustard, cannot make the grade, and wind up in a para- nedical program. This is to aid these people with verv xpensive jobs. This is what you are going to have.

If you can stand the cost, then vote for Senate bill No.]

from Armstrong, Mr. McCue. Mr. McCUE. Mr. Speaker, the purpose of a volunteer

ambulance company should be to provide transportation. The treatment of a patient should be by a rloctor in a

Jn the area I represent, being small towns and rural areassspved by one or two hospitals, onr vol~inteer fire companies have done a magnificent job in ~roviding transportation in emergency cases for patients to a place whpre they conld ohtain proper medical treatment. If we put requirements on volunteers who do this on their qwn time and pay, we will discol,rarre such citizens from performing this worthwhile service.

am speaking today for a very selfish reason, in my arca if the volunteer fire companies are discourag- ed or in fact prevented from rendering this service to me and to my neighbors, it could very well adversely affect me. ~f I should have a heart attack or some other medical problem, I would hope that someone would trans- port me to the hospital as quickly as possible, and I think that I might survive, rather than by having s t r i p gent regulations which would prevent that service from being rendered at all. I urge the defeat of this hill.

The SPEAKER. The Chair recognizes the gentleman from Bucks, Mr. Berlin.

Mr. BERLIN. Mr. Speaker, I do not wish to sound like a cornucopia of wisdom, but the purpose of the ambulance company is not to provide you with just transportation. That has been a concept that has passed a long time ago. If that were the case, if the sole purpose for the ambulance company were a transportation means, you could call a taxi and never mind the ambulance. The purpose for a n ambulance company or a rescue company is to stabilize you on the scene and support you until you can get to more profound medical care. If you have an advanced coronary attack, a severe coronary attack, you have hetween 4 and 6 minutes before permanent brain damage occurs, so the fastest ambulance in the world will be of no value to you. If you are hemorrhaging on the scene, you oannot count on a fast trip to the hospital if

LEGISLATIVE J O U R N A L H O U S E June 29,

you are in the middle of a highway in some remote area, because you will bleed to death. So there is a need to provide care to stabilize the patient on the scene. That is where the field has emerged to now.

What we are saying in this bill very simply is, if you would like to provide that care, at least take a minimum amount of training. The 40 hours is way below what most of the volunteers in the state already have; 12,000 volunteers already have the 81-hour national course. Many are registered on the national registry.

We are after those people who have no training at all. I ask you, if you are in an automobile accident on the way home at the end of this week, do you want the guy to come out and treat your busted kneecap and your ruptured lung who has had no training at all? If your back is broken, do you want the guy to come out who has no idea how you are to be removed from the vehicle? That is precisely what you can get in certain parts of the state. Agreed, and I agree whole- heartedly, that the vast hulk of the volunteers in Penn- sylvania are fine. The point that I am trying to make is that the provision for training in this bill is so mild that probably 90 percent of the volunteers will comply with it. What we are after are just those people who have received no training at all. We do not want them to respond to an acute medical crisis or a bad traumatic accident with no training at all.

With respect to the vehicles themselves, as I indicated to you about 2 weeks ago, you cannot buy an ambulance today that does not meet the Federal standards. Because of the market concept and the competitiveness between the manufacturers, they all now comply with the standards.

BGt what we mean when we say the does not comply with standards, the ambulance is substandard? ~t means, for example, that in one particular brand, when you put the patient on the slab-I should not use the word "slab"-when you put the victim on stand or the stretcher, if you want to give him cardiopulmonary resuscitation or mouth-to-mouth resuscitation, you will kneel down, and you suddenly discover that the slab is so high that your hands are above your shoulders and you cannot depress to give him the neccssary chest massage. So the next question is, well, why do YOU not stand UP and do that? And you find that the roof of the ambulance is too low, so YOU cannot stand UP

either, and you have effectively denied the victim the opportunity for cardiopulmonary resuscitation. What we want now is that when people buy a new vehicle. they buy one that is standard. What we really are trying to do is to keep an individual from slapping a red light on top of an old car and calling it an ambulance. There have been instances of exactly that. There is a possibility in the commonwealth of pennsylvania where if you call for an ambulance, what you get is a hearse, manned by people who have not been trained and that hearse mounts a red light and enroute to the hospital, if the red light goes out, you know what has happened to the victim.

That is what we are aiming for. We are aiming for that small fringe that is not up to snuff, that group of volunteers who have never, ever< been trained. The bulk of the volunteers have been trained, at least to the 40-hour level. We have kept the 40-hour level in. So they are not affected. We have also provided the opportunity for a 2-year period after the enactment of the bill fo rany-

one who wants to take the course, to take it. But as you can see, we were very sensitive. I should not say "we!' Senators Frame and Coppersmith took the heat when this bill was first introduced 3 years ago. They were very sensitive to ensure that the firemen and the volunteers were protected against an evolving government in this field and unnecessary regulations. They built in as many provisions as they could to protect the volunteers.

My own county has no objection to the bill at all. I t will not affect them. I would hazard a guess to say that 90 percent of you here will not be affected by the bill because of the very mild provisions in the bill.

But those of you who are providing emergency care with people who are not trained and in substandard vehicles are not providing a service. You are providing a disservice, because the failure to provide effective emergency medical care is measured in lives lost and in mutilated bodies, and that is a course that is not acceptable.

~f we can address ourselves to that problem with a hi]] as mild as this hill is, then we have the job and the bottom line is positive, ~ 1 1 we are after is that positive bottom line. I think this bill does that without ruffling any kind of feathers and without im- pacting on the whole concept of volunteerism. I t is s good hill, really is,


SPEAKER. The Chair recognizes the gentle ma^ from cambria, M ~ . whelan,

WHELAN, Speaker, I rise in support of Sen- ate bill No, 46, When Senate No, 46 first came out I was under the impression that none of the volunteer organizations in my district were in favor of the bill. I1 was true, of the volunteer associations were ir favor of the bill when it was first introduced. However ,in,, that time there have been several amendments tc the hill to satisfy the volunteer fire companies,

Two weeks ago, I attended a Camhria County Volun- teer Fire Association meeting. There were over 100 t< 120 people represented at that meeting. I specificallj asked them on current legislation, knowing that Senatt bill No, 46 might come out, i f they had any feelings or opinions concerning Senate hill No. 46. They advisec me and sent me letters indicating that they fully en. dorsed Senate bill No. 46, They indicated to me tha the minimum training of 40 hours was not a prohibitivt feature. Their concern under the original bill was tha they did not have adequate representation on the ad. visory board. They now make up one-third of the advisory board'

They have indicated to me that the majority of theil members complied at the present time with the 40-hour: advance first-aid

So, originally my thought was that all of these com. panies were against the bill, and, much to my surprise, : found that all were for it. In addition to that, the state. wide association has gone on record in a letter to Mr Berlin indicating their full support of the bill.

I think that the bill is a minimum requirement. Yo1 are not putting severe penalties on the volunteer fir, companies, and the volunteer companies in my area wan the bill. So I would urge your support of Senate bil No. 46.

Thank you.

LEGISLATIVE J O U R N A L H O U S E

The SPEAKER. The Chair recognizes the gentleman from Clearfield, Mr. George.

Mr. GEORGE. Mr. Speaker, I would like to set the record straight for one moment. The people who serve m d make up the volunteer ambulance companies in Pennsylvania are good law-abiding, decent people who want to provide the best possible care for those in need. [ wculd say that if you and all of those who composed this >ill would have put more effort into providing the train- ng necessary, it would have been worthwhile. When we talk about percentages, this 90-10, and who will be .aken care of and who will not, and then we take a bill .hat most people feel is not good and we make it somewhat flexible so that it will be acceptable, I say i t is I sham.

The fact of the matter is, when we write it into a bill, Ifter we make a substantial effort to find someone with I certificate for ear, nose and throat training, and then ue can pull out, you would be the first one to say that .hose 5 minutes or those 10 minutes could be the differ- :nce between life and dcath. And I say that we are going o put out of business the volunteer fire companies and )ur ambulance services and those who work for nothing 1nd work at other jobs and respond on a 24-hour call (round the c loc l~ and we should not do that. 1 urge a 'no" vote.

sive bureaucracy; it is an effort toward unraveling the maze that surrounds the provision of emergency health care in the State of Pennsylvania. We know nothing about it. We cannot even assess how many new vehicles are needed. We just have ball park numbers which are not the kind of numbers you want to plan a full program on.

So the reports are merely the effort toward identify- ing the status as it is. You cannot solve a problem until you define it, and we cannot define it until we get some information about it.

In most cases the information will be screened locally by the emergency councils that we had discussed 2 weeks ago. That will be the group that will assemble the information and provide it. It is not going to create a mas- sive bureaucracy and it is not going to create a big burden. It is simply a standard procedure among most emergency programs and services that when you respond to provide emergency care, you reveal the information that other people can evaluate. It is not a criticism, it is not a criti- que. It is simply an effort to obtain information.

With respect to the other comments, I seriously challenge the idea that this bill will defeat the whole concept of the volunteer movement in the Commonwealth. The essence of the bill is to promote the volunteer concept and not to destroy it.

The SPEAKER. The Chair recognizes the gentleman rom Lehigh, Mr. Ritter.

RITTER' Speaker' I rise to oppose the )ill. I rise for perhaps some different reasons than some lf other members mentioned. What 1 am concerned :bout is Senate bill No. 46 seems to, on page after page, cquire ihe submission of applications, the submission of nspection certificates, letters to the secretary and letters rom the sccretary. It seems to me that we are creat- ng, in addition to another bureaucracy, another advisory ouncil. We are going to inundate people with paper- vork. I think that one of our problems in government oda? is that we I-cep shuffling papers from one agency o another, from one individual to another, and I think hat by the time these people get done submitting all heir reports on each call that any ambulance makes- nd in some cases they have to do that within days: ome communities within 30 days-it is just a very con- using mishmash of rules and regulations, many of which re not even spelled out in this bill. I think that because of all of that, Mr. Speaker, and

,ecause of some of the reasons that some of the other lembers have raised in opposition, I intend to vote

this bill, The idea may be good, hut I think hat we are going to bury it in a mountain of paperwork nd I think that is the last thing our constituents need,

Several years ago when the 81-hour national course was introduced, the hue and cry arose that this would surely sound the death knell of the volunteer programs throughout the Commonwealth and the rest of the country, The exact reverse has occurred. A voluntary program instituted 4 years ago, the 81-hour course--

LINCOLN, I would like to he recognized. The SPEAKER. The Chair has made note of the gen-

tleman's desire, The Chair will call on the gentleman. Mr. Berlin may proceed. Mr. BERLIN. -and when that rourse was introduced.

there was a t remendo~~s uproar. In reality me have continuously overlooked the professionalism and the dedira- tion of the volunteers. When that 81-hour course wac . mstitutrd, in spite of all th r cries that it would destroy the volunteer movement, it produced 12,000 graduat~s. :o there is a competitiveness among the rompanies, and ~t is that competitiveness, it is that dedication, it is that professionalism that allows them to continue to improve themselves.

We are not after movement' We are after those who do nothing to improve themselves, who provide continuously substandard care, who are in fact undermining the work of the rest of the volunteers in the state. I t takes only one bad unit or one bad individual and one bad vehicle to destroy the repotation of 20,000 other people.

The SPEAKER. The Chair recognizes the gentleman com Bucks, Mr. Berlin.

Mr. BERLIN. Mr. Speaker, just a very brief comment n this: At the present time we do not know how many mbulances in the State of Pennsylvania do not meet tandards. We do not know how many volunteers are not rained. We do not know what the nature of each trip r. We do not know what kind of accidents are being ealt with. We know nothing. The purpose of those reports is to provide us with a

rofile so that we can determine where additional aid 3 necessary. I t is not an effort toward creating a mas-

The good work is never brought to the attention of the public. It is always the negative aspects of every activity or system that are highlighted. That is what you focus on. You focus on the things that go wrong, not the professionalism and the high-quality products.

This bill addresses that group that does nothing to improve themselves and is providing a disservice to the Commonwealth of Pennsylvania and to its residents. And if you sincerely wish to protect the volunteer program. then get those people out of the system; they do not he- long here; they do not belong providing care. There is no reason for an individual driving a station wagon to


provide emergency care under the guise of it being an ambulance. You do not need those vehicles. We have programs that will provide better vehicles.

All we are saying is that if you genuinely wish to protect the volunteers of Pennsylvania, vote for this bill. It goes after those who are not professionals, who are not dedicated, and who cannot provide standard care.


The SPEAKER. The Chair recognizes the gentleman from Westmoreland, Wr. Saloom.

Mr. SALOOM. Mr. Speaker, the concept of this legi.;- lation is very good. The people of Pennsylvania deserve the best possible amhulance service that can be provided for them by trained individuals and by the vehicles. But I am afraid at this time-and Mr. Berlin stated that he does not know how many ambulance services throughout the state can comply with the regulations: he does not know how many ambulance vehicles there are that can comply-I would say this, that until we set up a unit in Pennsylvania and in our Pennsylvania government to purchase these ambulance services and to make sure that every community and every Pennsylvanian is covered by the appropriate ambulance service, that we defeat this legislation todav and that we rto out into our communities

ernment certainly is not in that position. And I think tbat we can find ourselves in the position that many volunteers can adopt the attitude, well, i t is fine, I rendered this service and I hope to continue. However, if that is the way they feel about it, that they are going to tell me to do this, do that, and so forth, forget about it. I am not going to participate. And I think therein lies the greatest danger in this proposed legislation. I would urge the members to vote "no" on this bill.

The SPEAKER. The Chair recognizes the gentleman from Fayette, Mr. Lincoln.

Mr. LINCOLN. Mr. Speaker, I rise today to oppose Senate bill No. 46 and I think that the technical reasons and other reasons have been given rather well by the other members. But I have a friend of mine who has a great deal of respect for the Pennsylvania General Assembly and he is probably more pleased than most members that we are going to be recessing for a period of 2 to 2% months, because he feels that the one thing that we do too much of is, legislate. He says we overlegislate too often.

I can tell you that Senate bill No. 46 is a classical example of us overlegislating.

I think that for that reason, I would appreciate a "no" vote on this bill. -

and we make sure that they have these ambulance services and we make sure that they have the personnel to provide this service before we try to eliminate even if it is 10 percent of these services throughout the state.

I think that when a person is in need of an ambulance.

The SPEAKER. The Chair recognizes the gentlemar from *llegheny, Mr. Cowell.

Mr. COWELL. Thank you, Mr. Speaker. Mr. Speaker, I would like to speak in favor of Senatc

he wants one to show up. But if we today vote this legislation and we put one service out of business, such as some of the services that may provide ambulances to tho constituents of Mr. George or some of the others in the mountainous areas, that when they need an ambulance, at least they know one is going to show up and will get them to an emergency medical treatment center, as soon as possible.

I would, therefore, today oppose this legislation, although the concept is good, and I would be for this if we can guarantee an ambulance for everybody who is in need of one.


The SPEAKER. The Chair recognizes the gentleman from Berks, Mr. Fryer.

Mr. FRYER. Mr. Speaker, I rise in opposition to Sen- ate bill No. 46. I also checked with the people back home in the district, and, contrary to some statements that were made on the floor of this House, I found that thcy oppose the bill and that in many cases they were absolutely amazed by the concept.

Now this piece of legislation is well intended, but we are here addressing ourselves to a large group of volunteers, people who have volunteered to render a valuable service. Now how far can any agency of the government go, however well intended, and say, you do this, you do that. Read the bill. Throughout it, the secretary has vast powers for prescribing courses and such that are necessary for the volunteer service to continue its service to the people. I t seems to me that when a service is being rendered voluntarily by our people back home, I cannot understand why the long arm of the government must intervene, however well intended.

I think that this system is improving itself gradually. True, it is not a t the ultimate, hut what is? State gov-

bill NO. 4fi and I would like to respond to a couple ol the points that have been made by those who have ad. vocated the defeat of the bill.

First of all, i t has been suggested that perhaps we ar6 overlegislating here, that this is not an area that shoulc be addressed by this legislature. I disagree with that We find that we have a variety, a great, vast varietj of volunteer organizations that are popping up aroum the State and purport to get into this area of emergencj medical services. That is all well and good, and we an very fortunate that we in this Commonwealth have si many people who are willing to devote their time an( volunteer their time and their efforts, but I think be cause of the complexity of the issue and because of th, great import of the issue that they are dealing with, an< that is, the lives of people, it is an appropriate subjec for this legislature to address and it is appropriate tha this Commonwealth try to bring some type of order an1 Some type of minimum standards to this particular busi neSS.

Secondly, it has been suggested that some volunteer might say, well, if they want me to do this and they wan me to do that, I am going to quit; I am not going t bother with this. Well, I have a great deal of respec for those men and women who choose to volunteer. I fact, I am sort of close to this because my wife is a volun teer for an emergency medical service, and many of m neighbors and close friends are, and I am close to then But, frankly, I think that if some people choose to qui rather than to undertake certain minimum training tha might be required, it might be better that they quit, be cause sometimes the worst thing that you can do in term of medical service is to do something when no action i called for. So, I think that it is quite important thz those who choose to volunteer do so with the understand ing that they are going to have to have certain prepara

LEGISLATIVE JOURNAL-HOUSE

ambulance services of Pennsylvania? The SPEAKER. The Chair recognizes the gentleman 1 I suggest that the people who are taken to the hospitals

tion, if they want to provide this particular service to their communities.

Finally, i t has been suggested by some speakers on this floor that there is too much authority being given to the secretary and h e is going to promulgate ::I1 of thesc standards. I would remind you to look clos%Iy at the hill. Take a look first of all at the advisory hoard that has been established, and it is obviously an advisnry hoard that is very much dominated by those who arc to be regulated.

Secondly, look closely at the language i,hat givrs tn tho secretary these various powers to establish standards for ambulances and technical training, and what havc you. In every case it says that the serretary with the appmva! of this advisory hoard may promulgate these standard.;, So thp secretary cannot go out and do it on his oum. Anr! he is not doing it only upon the recommendntion of thr' advisory board. Instead, it will taka the approval or th!, concurrence of the advisory bnard, that is. those rcprcsm- tatives of those volunteer agencies that are to be regu- laied with this bill. I, therefore, ask for the support 8.f the members on Senate hill No. 46.

Thank yon. Mr. Speaker.

couple of weeks, as I mentioned, with respect to the De- partment of Environmental Resources.

The gentleman from Westmoreland has offered a n amendment to another piece of legislation. Maybe his expression is imperfect, hut, nevertheless, it is an expression that we are now having problems with those pcople who are administering the day-by-day affairs of state government.

What we intend here somehow gets lost in the secretary's office and, for surc, down the line where third, fourth and fifth cchelon bureaucrats are interpreting the intent on their own will.

Mr. Whelan talks about training, I suggest to you that there is more in this bill than training-"Standards relative to training, ambulance design and engineering cri- teria, ambulance equipment, inspections and other matters related to ambulance service shall he developed by the secretary"-and we are talking about more than just 40 hours of training. Let us talk about the whole bill.

Can yon imagine the uproar that will be caused at the little crossroads of Pennsylvania when some neophyte bureaucrat, armed with his badge of expertise comes into one of these volunteer services putting his snoot into the

wheth-r or not the membcrs caught the import of what Mr. Rittcr was trying to tell us.

This legislation would require reports of all trips made by an ambulance service to be submitted to the Secretary nf Health

from Blair, Mr. Hayes. Mr. S. E. HAYES. Thank you, Mr. Speaker. The gcntlcman, Mr. Ritter, a few moments ago brought

attention to the litany of reports and paperwork, et cetera, that would hc required nnder the bill. I am not sure

MOTION TO TABLE

The SPEAKER. The Chair recognizes the gentleman rom Erie, Mr. Dombrowslri. Mr. DOMBROWSKI. Because there is so much con-

day in-and day out by the volunteers probably know more about what is going on than whatever army of Roman foot soldiers we are going to send from the Secre- tary of Health's office.

That is all, Mr. Speaker. I suggest defeat of this bill.

overburden. Now I believe that all of us in this room The C h a ~ r recognizes the gentleman from Bucks, Mr. know that that kind of bureaucratic razzmatazz is stifling. I Berlin.

'

. . . . . -. . .. . N~~ the gentleman, M,., ~ ~ ~ l i ~ , would have us believe

that the filing of those reports, the reviewing of those re. ports or whatever action the bureaucrats may want to do with those reports would not create any administrative

There would he a mountain of paperwork created by this bill, the cost of which, I guess, we really do not know. But there certainly would be cost, indeed.

Mr. Berlin said that we are aiming at the fringe, the small fringe. Well, this piece of legislation has 14 pages to it. On those 14 pages you will find the secretary this and the secretary that no less than 38 times.

trovcrsy on the bill and i t seems like it should be studied further, I move now to table this bill for further study.

The SPEAKER. The gentleman has made a that Senate bill No. 46 be placed upon the table.

Mr. BERLIN. I ask that the bill not be tabled, Mr. Speaker. We have a syndrome in the House called pa- ralysis-

The SPEAKER. I t is not a debatable motion. Mr. BERLIN. I t is not debatable? The SPEAKER. It is not a debatable motion. Mr. BERLIN. Never mind.

Now maybe the gentleman from Allegheny, Mr. Cowell, fmds comfort in knowing that there is to be an advisory On the question,

board. But I would just suggest to you, once again, this the House 'gree to the

advisory board will be appointed by the Secretary. I am sure there will be a cozy relationship between the advisory board and the secretary, as has happened in so many other instances in state government. Aiming for the small fringe? Mentioning the secretary 38 times on only 14 pages? That is like trying to kill a gnat with an atomic cannon.

Mr. Berlin tells us that we are just trying to achieve mild minimums. They are his words-mild minimums. Now I would acknowledge the fact that the word "minimum" is found in the bill, but there is no word such as "mild" found in the bill.

We know that this House of Representatives has been wrestling with a very difficult problem during the last

The yeas and nays were required by Messrs. DOM- BROWSKI and BERLIN and were as follows:

YEAS-39 Abraham e y e r hirkonir Stout

=:'$'," ~r.isler Navak Taylor George Ravenstah1 Vnlicenti

Ec~im?r pleeson Renwick Wa-EL zw"& z i e r n l c k Richardson Warso Lederer Ritter Willmr

f?icarln l.ine01n s r h w e t i ~ ~ zeuer

~~~~~$~' ~,",""aUneov,eh Shelllanler Zord Stturnen ZWkl enaiehm Morris shupnik

NAYS-149 hndemw, J, 8. Gallen Arthurs Manderino ROW

Garzla ManmlUer Rugglero

5694 LEGISLATIVE J O U R N A k H O U S E June 29,

Barber G~p5cy MeCnll RYPn Bennett Giamm- McClatchl Saloom Beren Giilesple McCue Sa I~a t a r e Berlin Gillette McGinnl. Scheaffer E c m n Goodman M c l n t y ~ Schmitl Ulttle Green M e b e Seu'ica 'ionetto Greenrleld M e b u Seltzer Brandt Grieco Menhorn Shrne Uomm I1aI.,erson 1 i l I U . E shel tm Riitrra Hamilton. J. H. Miller. M. E.. Jr. Sirlnnnl C ~ E S ~ T Hasay Mllliron Smith. E. CianciulU Iiaskell Mi~cevich Srmth. L. Cirnmi Hayes. D. 5. Mor~hlmaan Spencer irlhen Hayes. S. E. Muilen, M. P. stabl

Mullen Cowell ilepford Stapleton Hlll Crawford Musto Tnddanio

Comberland t l a ~ k l n s Myen Thomas Davles Hutchlnron, A. Noye ToU DeMedio Hutchinson. W. O'Brien Re110 Drvert" Imts O'Connell Turner

Itkin O'Donnell DiDonato Vmon . J o h n , J. O'Keefe Dletz Wddner

Oliver Kata Dininn1 Westerberg Kelly. A. P. Panrlart Dorr Whclan

Doyle Kelly. J . B. ParHrr, H. S. wiggins Perri 1:istler DreibelM. WilUams

Dumas ixingamsn Petrarca Wilt. R. W. Paween Kolter Pievsky WUt W. W. Fee Kownlyrhyn Pit* U'orrilow mscher !CUF:;* Polite Wfixht Fisher L,,~udildlo Pratt Yohn Flaherty L+ughlin F'renderpsst Z e u f w

Lehr Foster. A. I)y!<s Fmer. W. Letterman Rappaport Nneman. Freind I , e ~ i Heminper 9 p a k e ~ Gallapher Lynch Rieger

NOT VOTING-15

Cole Knepper Reed Wabh. T. P. Gleeson LaMarea Rhodes Wojdak Gring McGrsw lisfyncakl Ylhner Hammock Perry Wagner

So the question was determined in the negative and the motion was not agreed to.


Mr. IRVIS. Mr. Speaker, I trust that no individual member will take this comment amiss. If he does, then so be it. Rule 10 of the House says, "No member, except the Majority and Minority leader, may speak more than twice on any question, without the consent of the House."

I am hereby volunteering that the majority leader will not speak more than twice, and I think I probably can volunteer for the minority leader also. I am hereby announcing to IIouse that I shall insist that the consent of the House be given to any member from now on

NAYS-147

# l h r ~ h a m Fner McClatchy Ruggiero A n n ~ l ~ z m . J. a. GaUen MeCue tlnrber Garzia MeGinnis Slloom

RYm

l3ellombi Geesry MeIntyre Salvatore 15ennm Gcisler MeLane Scheailer Bcnn Gewge Mebus Schmitt Blttle Giammareo Menhom Sehweder Bradley Goodman Mllsn~vlrh Sehlen Brnndt Grieco Miller. M. E. Seltzer Urunner Grine Miller. M. E.. Jr. Shelhamer Butera Hrlvemon Milliren Shelton Ceputo i:amilton. J. H. Misceviet~ Sh- Ccssar H a a y MueNmann ShupnIk Ciandulli Hayes. D. S. Morris Striannl Cimini Hayes. S. I;. Mrkonie Smlth. E. Lohen Hrpford Mullcn Smith. L. Crawford Hill Mullen. M. P. Spencer Cumberland F3opkIns Musto Stahl navies Hutelrlnson. W. Myers stout Deverter Johnson. 1. Novsk Twlor DeWeese Katz Noye Thomas nlearlo Kelly, J. B. O'Hrlen

Kernick O'Connell *uo

1)iDonato Turner Dietr Ydstler Oliver Dinimi Klingaman Pancoast

vlllcenu

DumhrowsM Kolter Perrl Vmon

Don Kowalyrhyn Pitts WLIU."Z

Drcibrlbb Kussr Polite wargo

Dumas Laughlln Weidner

Eekcnrberger Ledercr Prenderpan Westerberg P ~ l e s Enfilehart Lrhr

W i ~ g l n s RBpuauort Wilson

Fameen Lev, Renningcr r'ischer 1.incoln Renwlck

Wllt. A. W.

P l a h e m Logue Richardson Wilt. w. w. Yohn

Fwter. A. Lynch Rieger Zcl lv Poster. W. Manmiller Rltter ZIlbl Frelnd Mecall Ross

NOT VOTING-12

Cole Kneppm Rhod.3 Walsh, T. P.

~~~~'&r MCGTPW :'st)noskl Wojdllr

pcr,.y Warner Y . h a u

Less than the majority required by the constitution having voted in the affirmative, the question was determined in the negative and the bill falls.

BILL ON SECOND CONSIDERATION



An Act amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, adding the offense of theft of leased property.

who wishes to speak more than twice on any issue. I would ask the Speaker if he will have his assistant monitor the number of speeches by individual members just in case we have forgotten how to count beyond two.


On the question, Will the House agree to the bill on second consideration? Mr. M. P. MULLEN requested and obtained unanimous

consent to offer the following amendments, which were read:

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:

Y E A S 4 4 Arthum Gil'ctte Manderlno Tnddonio Berlin Glr rsm O'Donnell Toll H u r ~ o n c:lCcn u'Keefe whe~nn nonetto f;rreniieln Parker. H. S. Wiluams nlirns Haskell Petrarca wornlow Cowell Wright i i u t ~ ~ l ~ i n ~ o n . A. Plevsky r>e%le<!lo Trvis Zearto~s Pratt noyie Itkin liavrnstahl zord ~ e e ~ c i l y . A. P. lteed Fisher I.;,Alarca liiiane mnernnn, Ga1:agher ~a lzdsdln Stapleton speakcr Gillespie Letterman

Amend Title, page 1, line 3, by removing the period after "property" and inserting: , and further defining the offense of obscenity, redefining obscene, and further providing f ~ ' injunctions.

Amend Bill, page 2, line 12, by striking out all of said line and inserting:

Section 2. Subsections (a), (b), (c) and (h) of section 5903 of Title 18 are amended and a subsection is added to read: 5 5903. Obscenity.

(a) Offenses defined.-Whoever knowing the obscene character of the material involved:

(1) sells, lends, distributes, exhibits, gives away or shows to any person 17 years of age or older or offers tc sell, lend, distribute, exhibit or give away or show, or bas in his possession with intent to sell, lend, distribute 01 give away or to show to any person 17 years of age or older, or [knowingly] advertises in any manner any obscene literature, motion picture, book, magazine, pamphlet

1976. LEGISLATIVE J O U R N A L H O U S E 5695

z. ~- --- ~ - ~ ~ - " ~ ~~ ~ - -

(2) designs, copies, draws, i;hotograpIis, prints, utters, he held thereon in con?ormi& publishes or in any manner manufactures or prepares any Procedure upon the avcrment

bf any' kind giving informatin;, directly or indirectly, /en: injn"nctih shall have been given to the' 'party to he stating or purporting to state where. how, or whom, or by enlo~ned, of the hme and plare where the application for

such hoolc, picture, drawing, magazine, pamphlet, newspaper, storypaper, paper, comic book, writing, figure, image, matter, article or thing or [whoever]

(3) writes, prints, publishes or utters or causes to he nrinted. nuhlished or uttered. anv advertisement or notice

. . what means any obscene hook, picture, writing, paper, such preliminary injunction is to be made and the nature comic hook, figure, image, matter, article or thing named thereof. Thereafter the defendant shall have the right in this section can he purchased, obtained or had, or to a hearing on whether the preliminary injunction shall lwhoeverl he dissolved or made final. within three davs of issuance

of the district attorney that the sale, rcsale, lending, distribution, exhibit, gift or show of such public. d t ' [on or motion picture constitutes a danger to the welfare or pence of the community. Prior to the issuance of a pre- limincrrv iniunction. cufficient notice of the annlication for

I ~~~~ -~~

~ "~ ~

~ ~ ~~

(4) hi&, employs, uses or permits any minor or child of the preliminary injunction a i d decision shall he ren- to do or assist in doing any act or thing mentioned in this dered bv the court hv filing a final decree in the office - . - section, of the eothonotary within 24 hours of the conclusion of is guilty of a misdemeanor of the second degree. the heanng. The trial judge shall file a written memo-

(h) Obscene defined.-"Obscene," as used in this sec- randum supporting the final decree within five days tion, means that which r . to the averaee nerson a n ~ l v i n e a f t ~ r the decree is filed. The d~fendant . and solrlv at his . . . " -~--

I conkmporary communiG stand&ds[ hgs as its dominant option. shali have the right to trial by j u r y s ~ t h e afore- theme, taken as a whole, an appeal to prurient interest.] is mentioned hearing. Unless the hearing or trial is held determined as obscene applying the following guidelines: and the decision is rendered within the times specified

(1 ) whether the average person applying Eontempo- the preliminary injunction so issued shall he deemed rary commnnity standards would find that the subject dissnlved unless the defendant has caused or agreed to matter taken as a whole appeals to the prurient interest; the delay. The preliminary injunction may contain a

(2) whether the s ~ ~ h i e c t matter denicts or descrih~s. urovision directine the defendant to surrender to such

lated, and patently offensive ?epresentations or descrip- to any recoinized historical-society or museum accoided tions of masturbation, sexual conduct such as female charitable status by the Federal Government, any county, and/or male masturbation, fellatio, cunnilingus, ma1 city, borough, township or town library, any public li- sodomy. seminal eiaculation. sadnmasochistir ab~lsp. hrt- hrarv. anv llhrarv of anv school. collere or universitv or

. ~~~ ~~ ~

in a patently offensi&"way, sexual conduct of a typ" hereinafter described; and

( 3 ) whether the subject r ~ t t e r , taken as a whole lacks serious hterary, artistic, polltlcal, educational or scien- tific value. The types of sexual conduct referred to herein include patcntly offensive representations or descriptions of ultimate sexual acts, normal or perverted, actual or simu-

~~~~ ~. ~~~- , -~.. ernsexual intercourse and other excretory functions and any 'arch&e or library inder the supervisionand co<t&i lewd exhibition of the genitals. "Community" for the of thr Commonwealth, county, municipality or other purpose of applying the "contemporary community stand- political subdivision. ards" herein shall be considered to he the State. Section 3. The provisions of this act shall he severahlo.

peace officer as the court may direct all such obscene materials as may be involved in the offense enjoined and directing the peace officer to destroy such obscene- materials at such time as the preliminary injunction he- comes permanent and rights of review are exhausted. The district attorney shall not be required to give bond. * * *

( j ) Exemptions.-Nothing in this section shsll anplv

(c) Minors.-It shall be unlawful for any person know- If any provision of this act is found by a court of record ingly to [sell or loan for monetary or other valuable to he unconstitutional and void, ttLe remaining provi- =ons:derationl disseminate explicit sexual material, as sions of this act shsll, nevertheless, remain valid, unless herclnafter defined. tn a minor. nr tn disnlzv pvnlirit the court finds the valid nrovisions of this ar t arp so - ~ - , .~ ~ .. . =. .. . . . , . . . .

I ~ ~ - ..

spxual material for 'sale in an area to which minors have rssentially and insrparahly connected with, and so depend Iccess. "Explicit sexual material," as used in this sub- upon, the void provision, that it cannot he presumed the section, means material which is olicene or is: Leglslaturc would have ellhcted the remaining valid pro-

(1) any picture, photograph, drawing, sculpture, mo- visions without the void one; or unless the-court finds tion picture film, or similnr visual representation or image th? remaining valid provisions, standing alone, are in- 3f a ncrson or nortion of t h ~ hllrnnn hndv whirh denirtq I cunlijlcte and are inranable of beine executed in ncrord- ~ ~ . ~ - ~ ~ - - ~ - - - ~ - . ~ ---.... ~. -.r.-"u

l u d i h , sexual conduct. or sadomasoch&tic abuse and lance with the legislalike intent. ~ ~- ~~

which is harmful to minors: or 1 Srction 4. ~ h i i act shall take effect in 60 davs. (2) any book, pamphlet, magazine, printed matter

xrwever reproduced, or sound recording which contains my matter enumerated in ic~ausel paragraph (1) hereof, >r explicit and detailed verbal descriptions or narr n t ' ive mounts of sexual excitement, sexual conduct, or sad- :masochistic abuse and which, taken as a whole, is harm- .ul to minors.

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

SPEAKER, The Chair recognizes the gentleman from Philxdelphia. Mr. Mullen.

* * * (h) Injunction.-The district attorney of any county

n which any person sells, lends, distributes. exhihits. :Ives away or shows, or is about to sell, l m d , distribute, 'xhibit, give away or show, or has in his possession with ntent to sell, resell, lend, distribute, exhibit, give away )r show, any obscene literature, motion pictnre, book, nagazine,, pamphlet, newspaper, storypaper, paper, comic loolr, wr~ tmg, drawlng, photograph, figure or image, Ir any written or,printed matter of an allegedly obscene laturc, or any art:cle or instrument of an obscene nature, nay institute proceedings in equity in the court of com- non ,,leas of said for the purpose of enjo;ning he sale, resale, lending, distribution, exhibit, gift or ;how of such allegedly obscene literature, motion picture, look, magazine, pamphlet, newspaper, storypaper, paper, :omic hook, writing, drawing, photograph, figure or

Mr. M. P. MULLEN. Mr. Speaker, I will he very brief. The amendments which I am offering are the substance of that passed a coup1e of weeks ago, Senate bill No. 353. I said then and I say now that if this hill becomes law, it will eliminate hardcore por- aography i n ~ ~ ~ ~ ~ ~ l ~ ~ ~ i ~ .

I do not think that I have to debate i t any longer. I think that we did debate i t 2 weeks ago and there is no change whatever from what you voted upon 2 weeks ago. Tnc reason that I am doing it today is because I want to try and get a vote in the Senate tomorrow. If we amend this hill today and send it to the Senate, we will get a vote

image, or any written or printed matt,er of an allegedly Thanks very much.

5696 LEGISLATIVE

POINT OF ORDER

The SPEAKER. The Chair recognizes the gentleman from Lehigh, Mr. Ritter. For what purpose does the gentleman rise?

Mr. RITTER. I rise to a point of order. The SPEAKER. The gentleman will state it. Mr. RITTER. Mr. Speaker, this amendment that is

being offered by the gentleman, Mr. Mullen, was of- ffred to another bill a week or so ago. MY question is, can we continue to offer amendments, whether they have been accepted or defeated, to hills simply because the other body will not act on them?

The SPEAKER. Did the gentleman offer the identical amendment to another hill?

Mr. M. P. MULLEN. No, Mr. Speaker, I did not offer any amendment at all. I had a bill.

The SPEAKER. That is what I thought. Mr. RITTER. I thank the Chair.

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

The yeas and nays were required by Messrs. M. p. MULLEN and RITTER and were as follows:

YEAS-157

Abraham Gallagher Manmiller Schmltt Anderson. J. A. Gsllen McCSII Schweder

Seltzer Arth- Gilraa McClatchg Geesey McCue Shane Bennett

Berlln Geialer MeGlnnls Shelhsmer Rtttle George MeLane Shelton Bonetto Glammarm Menhorn Shuman Bradley Gillespie Ml:~n~viCh Shupnlk Brandt GIllette Miller, M. E.. Jr. Slrlannl

Mllllron Smith. E. Brunner Goodman hlorrls Smlth. L. Bums Grieco

tiuters Grlng Mrkanle Spencer caputo Iialvenon Mullen stahl ce- ~ ~ ~ f l t ~ ~ , J. H. Mullen, M. P. Supleton ciarciuui llaaay ~ u s t a stout Clminl Hayes, D. S . Myers Taddonlo Cowell ~ a y e s . S. E. Novnk Taylor

No ye Thomas Crawford Hepford O'Brlen Trello Cumberllnd Hi11

Davies Hopklns O'Connell Turner DeMefiilo Hutchlnaon. W. O'Keefe vallcenti Dcvertrr Johnson. J. Pancoast Vmon Deweese Katz Parker. H. S . WanJacz DiDonato Icornlck Perrl Wergo Dietr Kistler Petrarca Weldner Dinlnni Kltngnman Pitts Westerberg Dombrowdd Kolter Pollte Whelan DO= ~ ~ ~ a ~ y s h y l l Prstt wiggins

~ r ~ n d e r g a ~ t WllUams Doyle Kusse Ureibelbls LaMarca Pyles Wllron Ecktnsberscl Laudadlo Ravenatah1 Wilt, wllt,w,w. R. W. Englehart L~vghlhl Reed Faweett Lederer Renwfck W o ~ l o w Pee Lehr Xleger Wright

Yohn Flscher T*etlerman Rugglero Fisher Lev1 Ryan ZeaTioes Poster. A. Lincoln Saloom Zelier Foster. W. 1-OEUP Snlvator~ Zord Freind Lynch Scheaffer Z W Ptyer

NAYS-31 IIutebinson. A. Mlller, M. E. Rfchardson Snrber

R e r ~ o n 1 r v ~ s Mlscevlch Rttter Dtcarlo Itkln Moehlmsnn Ross

Kelly. A. P. O'Donnell Seirlca Dumas FlshertV Kelly. J. R. Ollver Toll Gleeson Menderino m lev sky Green MeIntme Rappaport Fineman, Greenfield Mehus Renninger speaker Hake11

NOT VOTING-I5 BeUornlnl Gleason Perry w.l*, ~ . p . Bsran Hammock Rhodes Wojdak Cohen Knepper Ustyllos*J Yahnrr Cole McCraw Wsgner

JOURNAL--HOUSE June 29,

So the question was determined in the affirmative and the amendments were agreed to.

On the question, Will the House agree to the bill as amended on second

consideration? Mr. DAVIES requested and obtained unanimous con-

sent to offer the following amendments, which were read:

Amend Title, page line by inserting after u t e s ~ : regulating the sale, and possession of taser guns and prescribing penalties, further defining deadly weapon and an:n;~d Bill, Page 1, by inserting between lines 9

$ 908.1. Tasers. (a) Offense defined.-A person commits a misde-

meanor of the first degree if such person sells, uses or possesses a taser.

(h) Definition.-As used i n this section, "taser" means any weapon or device which will or is designed to or may readily be converted to expel a projectile of any form which after being expelled, remains connected to the weapon in any manner and which enables an electric charge to be transmitted from the weapon to the projectile.

Section 2. The definition of "deadly weapon" in section 2301 of Title 18 is amended to read: $ 2301. Definitions.

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

"Deadly weapon." Any firearm, whether loaded or unloaded, any taser gun or stun gun, or any device designed as a weapon and capable of producing death or serious bodily injury, or any other device or instrumen- tality which, in the manner in which it is used or intended to be used, is calculated or likely to produce death or serious bodily injury. * * *

Section 3. Title 18 of the act is amended by adding a section to read:

Amend Sec. 2, page 2, line 12 by striking out "2" and inserting: 4


The SPEAKER. The Chair recognizes the gentleman from BErks, Mr. Davies.

Mr. DAVIES. Mr. Speaker, I am addressing mysell to an amendment which I distributed as No. 1. Mr Richardson also distributed an amendment which war very similiar.

I attended the demonstration arranged by Mr. Shel. hamer and Mr. Brandt and I wanted to thank the gentlemen for arranging that demonstration. That demonstration does help to prove some of the concerns that : spoke to previously when we considered banning this device.

The weapon is designed to fire four darts which art attached to wires. They are fired with a powder charge and therefore it is rated as a matter of a bullet or ; weapon, as a No. 2 weapon under the Federal Firearm Regulation.

I want to address myself briefly to the facts about tht weapon and its potential. The weapon has already beel banned in New York and New Jersey. It is under Federa jurisdiction by executive order. Of the approximate]: 3,500 Tasers sold in the United States, according to thl


inventor and the manufacturer, 400 have been sold in crime in Pennsylvania. Therefore, I would ask you to the eastern three-state area, including Pennsylvania. support this amendment relative to the Taser weapon in

With this verv limited distribution. the weanon has 1 our Commonwealth. . . - ~ - - .-. . --

been recorded i n 20 crimes in the united States; 8 of the crimes have occurred or have been carried out in our THE SPEAKER PRO TEMPORE (A. J. DeMedio) tri-state area. That is a rate of one crime for every 50 IN THE CHAIR. ~ - - -

Taser guns owned in our area; one crime for each of 50 guns held supposedly as a defensive weapon.

Three of t h e eight crimes alleged in this area have involved the element of torture. The weapon's potential for torture of victims of crime goes beyond the wildest imagination of the ordinary law-abiding lawmaker or citizen.

In the demonstration of the weapon last week, one of the darts was impaled into the solid wood wall of the majority caucus room to a depth of over a half inch. This will give you an idea of the force with which that barb dart would strike a human being. added to the potential of pain and in addition to the delivery of 50,000 volts of current through the wires attached.

The demonstrators carefully skirted the death potential of the device. My research differs widely from theirs in what the medical advice told me about its potential a s a fatal weapon.

It fails as a good defensive weapon in that the manufacturer and inventor who demonstrated it also failed to impale the darts into the silhouette that was used for the demonstration purposes. His second shot did strike it; the two darts went into the silhouette.

Mr. Shelhamer test-fired the gun. I Cannot attest $0

Mr. Shelhamer's expertise with firearms, but his first shot missed, in that one dart impaled in the silhouette while the other did not and went hetween the legs. His

The SPEAKER pro tempore. The Chair recognizes the gentleman from Philadelphia, Mr. Richardson.

Mr. RICHARDSON. Mr. Speaker, could 1 interrogate Mr. Davies for a moment?

The SPEAKER pro tempore. Would the gentleman, Mr. Davies, consent to interrogation?

Mr. DAVIES. Yes, Mr. Speaker. The SPEAKER pro tempore. The gentleman agrees to

interrogation. The gentleman may proceed. Mr. RICHARDSON. Mr. Speaker, so that the House

can be clear, is this amendment that you are offering the same amendment which was also circulated by myself inadvertently yesterday?

1Mr. DAVIES. Yes, sir. I made that statement when I started, Mr. Speaker. The amendment that you had offered is the same as my cumber one, so I said that we would offer it jointly.

Mr. RICHARDSON, Thank you. The other question, Mr. Speaker, is: Could you de-

scribe to us just what the silhouette was sitting on in the demonstration prior t o my witnessing you pulling one of the darts out of the wall the next day?

Mr. DAVIES. Yes, sir. It was put on the walnut paneling of the majority caucus wall. I t was a human silhouette OI, I would say, a normal size. ~l~~~ did have contact lines put through it. It was probably of an aluminum type or material similiar to, I would say.

second attempt was successful. Again this firing was under perfect conditions at 12

feet. In be under the extreme conditions as, let us say, a woman about to be attacked by a sneak burglar or somebody elsf or who, under duress or nervousness, would be able to fire a weapon, nor would have any expertise at firing.

This is not a good defensive weapon, and we can get Other testimony to that end' Mr. Katz can attest to the fear of the demonstration of the weapon instilled in him.

Mr. Freind can attest to a major flaw in the weapon as a good defensive weapon, and that is the location of the light on the weapon itself. It is not a good defensive weapon.

The flashlight location he can speak to, if anyone wants to ask any questions relative to that.

In addition to that, I have a statement from the sylvania State Police as to their objections to the aistri- bution of the weapon, either as a defensive weapon or for police use. The Philadelphia police inspector who was at the demonstration also can attest to it by his 3wn testing of the gun. He had ordered it by order and received the gun 3 years ago by mail order, Of :ourse this was before Federal regulations.

Rather than go into that, I can tell you again that my 3bjection is not only due to the potential of it as far as a device of torture. I am not going to belabor that ngain upon you. You can realize what would happen and what can happen to the human body with the delivery >f the 50,000 volts of electric charge. It has been used in Pennsylvania and i t i s alleged to have been used in a :rime and murder-not the murder portion of it-but a

. . aluminum foil; possibly no thicker than that.

~ h , gun was fired approximately 12 feet from that target with the gentlemen being able to take all the time in the world to take their aims, The inventor fired i t first. ~ ~ ~ i ~ , M ~ , shelhamer fired it later in the demonstration. I attest to his expertise, The first dart that he fired went astray; therefore, i t did not make the and it failed, so he only had a 500. percent average with his shot. Of course, Mr. Shelhamer, having had no experience with a gun his first shot , s 0

between the legs and the other dart was on target, but it would have failed in its use, Ilis second shot would have been okay; another 500-percent average. . The Other dart was with a barb impa1ed Over a mch into the wall. In trying to get it out, the wire was b'okfn off the dart, and, of course, 1 did not want half Of that thing sticking out for somebody to run their hand on or anything else, so I had to get a air of pliers. And Mr. Levi and You can attest to the amount of pres- sure that had to be applied to that to pull that dart out Of the solid walnut wood, SO that you can get an idea of the force with which this impacted into that wall.

Mr. RICHARDSON. Thank you very much, Mr. Speaker.

Mr. Speaker, I would like to know whether or not the gentleman. Mr. Shelhamer, can indicate to us exactly how, if these darts are located in the human body, they would he pulled out since there is a string on them and voltage there. Would i t require a n operation or would it require a pulling effect or pulling it out, because the hooks that were on that particular little dart seem to

LEGISLATIVE JOURNALHOUSE June 29,

me to be so imbedded in the body that they would be very difficult to get out?

Can we ask Mr. Shelhamer exactly what kind of effect that would have, and how would we get them out of the human person?

The SPEAKER pro tempore. Will the gentleman, Mr. Shelhamer, submit to interrogation?

Mr. SHELHAMER. Yes, Mr. Speaker. The SPEAKER pro tempore. The gentleman may pro-

ceed. Mr. RICHARDSON. Mr. Speaker, I saw Mr. Davies

the next day after the demonstration but unfortllnately I was not able to be at that demonstration to witness him take a pair of pliers and pull the dart out of the wall which had been imbedded into the wall and which bad a string-like effect attachment to the arrow.

I would like to know, once this has entered the skin of the body, how would one pull that out of the pcrson's body?

Mr. SHELHAMER. Well, Mr. Speaker, I am afraid that Mr. Davies, like some of the press and the news media, has very much oversensualized and has overplayed what the darts do. His first major mistake, I think, was in saying that the dart had imbedded itself over half an inch in the majority caucus room. That is most interest- ing, Mr. Speaker, due to the fact that the darts are only a little over a quarter of an inch long. Now I do not know how they can go in half an inch, but they are slightly over or about a quarter of an inch long and they have a very small barb that is not even visible to the eye unless you feel it. If you feel it, you car (?PI that there is a little barb there. The distance of thc barb is made that way so that, hopefully, it will penetrate clothing. The manufacturer was there at the meeting explaining to us that many times be has tasered himself, put it against his leg and shot it into his own leg at poi~lt-blank range.

There is a maximum depth that it can go into anything, and that is the length of a dart which would be about a quarter of an inch, and it would simply be pulled out just like you would anything else. Just pull it out. And, of course, if there was any amount of clothing that you were wearing, it would probably, certainly at a quarter of all inch, not penetrate the flesh if You were wearing a coat or something like that.

Mr. RICHARDSON. Are you indicating, Mr. Speaker, that if this Particular arrow that is going to be shot with a force about 12 feet away becomes imbedded in the leg, are you indicating to me that i t would not go any further than a quarter of a n inch in the leg?

Mr. SHELHAMER. Yes, Mr. Speaker, and I am saying that for a reason. It is made that way purposely. I t has an offset in it. If you look at the barb, it looks just like the end of a needle, exactly, if you will look at it with your eyes, and I could not detect the barb until I felt it with my finger. I ran my finger over the barb. But it is made so purposely so that it does not benetrate beyond that point. It has an offset or a Step, a substantial step, in it to where i t is soldered fast onto the wire. It cannot go in any deeper than that, and that is the reason.

And by the way, we were a t 12 feet, at about the maximum range of this Taser. It cannot shoot mare than 15 feet. If you were at 15 feet 1 inch, you would even be safe. So when you talk about being at 12 feet, anybody a t any distance over 15 feet would not be

affected by it. I t is really a self-defense weapon, in my estimation.

Mr. RICHARDSON. Is it not correct though, Mr. Speaker, that both of those darts would have to enter the body in order for the weapon to take effect on the individual?

Mr. SHELHAMER. Both darts, is my understanding. It is an electrical current, and if you know anything about electrical current, you know that you have to have a complete circuit to make that thing work. There are two darts and they would both be fired out of the same cartridge to be most effective, although the manufacturer did tell us that it would work in some cases with one dart by striking the person depending upon what type of surface the man is standing on. If he is standing on an efface surface, it would not work. But if h e is on wet ground, he might get some shock with one dart.

Mr. RICHARDSON. What effect would this have, Mr. Speaker, if this was to enter into one's skull?

Mr. SHELIIAMER. I am sorry. I cannot understand the gentleman.

Mr. RICHARDSON. My line of questioning, Mr. Speaker, was relative to the fact that if this arrow from lhis T a e r gun was to enter into the skull, what effect would that have?

Mr. SHELHAMER. Did you say the skull? Mr. RICHARDSON. The skull, the head. Mr. SHELHAMER. I do not believe that it would

penetrate; that would be my guess. Mr. RICHARDSON. You do not believe that it would? Mr. SHELIIAMER. No. I think the only place that--

First, the point is not an arrow; it is like a needle. It is like a small needle, a very small, thin, sharp needle about a quarter of an inch long. I personally do not think that it would penetrate the skull. I do not think that it is long enough, first, to penetrate; and, secondly, I do not think that it would practically at any range.

The only place that I think that you might have any question of danger about it might be if a person would he struck in the eye with it. I think it could cause some real damage, but I do not visualize any damage. There has never been a death from it. I do not see it be- coming that kind of a weapon.

Mr. RICHARDSON. Mr. Speaker, the reason that I am so concerned is the fact that you have indicated to this House that this particular arrow or dart which was imbedded in the wall could not have gone more than a quarter of an inch, although it seems to me that, you know, we did not have a measuring stick, we did not measure it. But it seems to me that with the string and the pair of pliers that were applied by Mr. Davies who pulled this thing out, if it could go into the wall and the paneling of the majority caucus room through a shield that was already set up and a silhouette that was already set up for the demonstration, I certainly believe that it could penetrate the skull. I do not think for one moment that my head is any less than a wall. In fact, I do not even feel that, if we were to compare the human flesh to something that is made of the kind of material thaf wood is made of, we could say that it would not penetrate. We actually saw it imbedded in the wall. So I can almost assume that if an arrow can go into a wall, it can go into one's skull, and I a m afraid that the point that I am trying to get to is one that says that the danger is of such magnitude that what is the significance of


having this weapon around, particularly if we can get Mr. Speaker, I would like to be recognized for a brief everyone to completely get away from using it at all? statement.

Mr. SHELHAMER. Is that a question? The SPEAKER pro tempore. The gentleman may pro- Mr. RICHARDSON. Yes. Mr. SHELHAMER. Would vou ask it aeain? I am RICHARDSON. Mr. Speaker, I rise to support the

{as i t ever been tried, to your knowledge, on any large ~ h ~ ~ k you very much, MT. speaker. nimals like that or any bull or anything like that? Mr. SHELHAMER. Mr. Speaker. J could not answer The SPEAKER pro tempore. The Chair recognizes thr

sorry, I thought it was a statement that you were making. Mr. RICHARDSON. The question is that if an arrow

such as from this particular weapon or device can embed itself in a wall, then I feel that it can certainly embed itself in the human skull. I am saying from that point it would seem to me that the question that is now in front of us is, why is there a necessity and a need for this device when in fact the police departments, the State Police, and others are saying, let us get rid of it altogether? That way we do not have it at all. Why would you be opposed to that?

Mr. SHELHAMER. Mr. Speaker, I think what the gentleman is asking the House is, if there are some dangers from the use of a Taser, why then allow this weapon a t all?

The reason i t was originally manufactured, it is my understanding from what the gentleman said-and I wish you had been there for the demonstration, because I thought it was very enlightening-was for a self-defense weapon for people who may feel uncomfortable in handling firearms. It is meant to help hasically older people, women, someone who would not want to handlc a gun. Some people can merely hold a firearm in their hands and begin to tremble because they are scared of firearms. I understand that. This was developed as a weapon that they might be able to use. It is nonlethal. There has never been a recorded death by it. Someone could use it with some hope of protecting themsclve!: when a perpetrator might want to mug them or rapt them or come into their home and burglarize the place. That is what i t was developed for.

Unfortunately, as the gentleman knows, anything that is developed for a good purpose can also be used for a sad purpose, and there have been people who have used t for a bad purpose. That is a matter of record, and I lo not stand here and try not to cite those things. But t was developed not for crime; i t was developed for aw-abiding people and people who might be able to use :his when they would not use a firearm.

Mr. RICHARDSON. Mr. Speaker, bas this ever been lsed on any animals?

Mr. SHELHAMER. It is my understanding that i t has ~ e e n , yes-

Mr. RICHARDSON. What effect did it have? Mr. SHELHAMER. -and very effectively. In fact, it

las been said that it is more effective on some animals han tranquilizers have been.

Mr. Mr. I hear the ;entleman's response.

Mr. SHELHAMER. The answer is yes. Mr. RICHARDSON. Mr. Speaker, in any demonstra-

ions involving larger animal-say, for instance, a cow-

amendment that has been offered here this morning, and I feel that in good taste we are involved in prohably one of the most important pieces of legislation in amending this particular piece of legislation that is before the House.

We have witnessed and have heard testimony this morning on this particular Taser gun device, even by its own mannfacturer, that there was a demonstration and that i t did not even prove fruitful in the fact that both of the persons who shot the device missed once and hit the target on one occasion. This would seem to me, Mr. Speaker, that a device such as this being put in the hands of just anyone without the proper training or understanding about this could probably endanger or hurt anyone.

The effect that has been told to us, supposedly given in relationship to the fact that this particular gun cquld enter into one's flesh, is for us to believe that it is only to go into the skin a quarter of a n inch. Certainly if it can he cmhedded into a wall and certainly if it takes a pair of pliers to pull it out, I do not feel that just a human person himself can just pull it out of his own skin. It just seems to me that that does not make any sense. I think that it is such a situation that it would warrant, it would seem to me, a considerable amount of investigation before any discussion is ever had about this pun, before i t is put into use, or before persons go out into the streets and actually use this device.

The other prohlem that I have is the fact that this vul- tage that would go into the human body, which is to disrupt the nervous system, in fact and in effect depends cn the nervous system of the individual. Each individual in this House has his own biological chemistry, which is not made up the same as another's. I would say that maybe some are weaker and some are stronger; that maybe somr might be ahle to take the effects of that Tascr beam and others may not.

Th, question is, who is to determine, when this is cn- tered into someone, how that might affect that person's nervous system? Would it mean that it could paralyze an individual? I have not heard testimony t o that effect, hut I certainly feel that if it is dealing with your nervous system, it certainly could disrupt it in surh a manner that i t could cause a lot of injury.

~ h , .ther thing is that we have asked this House, Mr. speaker, to look into this situation by that no one be allowed to use this device at all, period, for any means. And I think that we are finding that this is one of the most crucial situations that does face this House oC Repre- sentatives, and I would ask that the rnembcrs do vote accordingly and vote affirmatively to support the Davies and ~ i ~ h ~ ~ d ~ ~ ~ amendment.

he gentleman. All that w& said was that it had been .sed on animals, and I really do not know that much bout this. Mr. RICHARDSON. Thank you very much, Mr.

:peaker.

gentleman from ~ e h i g h , Mr. Zeller. Mr. ZELLER. Mr. Speaker, Mr. Richardson made the

statement-and I quote-that this is "probably one of the most important pieces of legislation'' that has come before the House. That is a very broad statement, meaning. I

June 29,

would take it, that there is danger in the use of any weapon.

Mr. Davies gave us a horrible description of this so- called fatal weapon. His demonstration got to a few people. What he fails to tell yon is this: When i t comr.s to torture, I can describe a host of items used to torture people. One is my mother-in-law, and we probably should outlaw our mothers-in-law. We have one called the electric cord. I mentioned the last time this was hrought up that I can plug in an electric extension cord, and I can work it in your home sometime, just sneak in there and get your wife or family and get somcbody to hold them down and stick their finger in the socket, and

~ -~ ~ ~

Senate bill No. 995 and it then goes over to the Senate, the hardcore pornography amendment which we just passed will not he given consideration tomorrow, because you can see how controversial this is.

I would suggest that we vote against this and that the members who are interested in this thing take another bill off the calendar which could be amended, rather than have two highly controversial matters in one hill. I t is not fair. 30 that is the only reason I ask that if we cannot withdraw the amendment, at least vote against it and let them put it into some other bill so we would not have the two controversial matters.

Thank you. we can really give them a real shocker.

~~~~h~~ one is a case we have in the Allentown state Hospital right-well, as a matter of fact, the fellow is out now, Several years ago he took his wife and tied her down to a bed and took a cigar and burned holes in her you-know-what, all over her chest, yes. That is a fact. This was torture, terrible torture, so we are going to outlaw cigars and cigarettes. We have to get rid of them because they are going to cause us trouble.

We can take parents who spank their children, and some neighbors will say that that js horrible, we are going to have to outlaw switches; we are going to have to outlaw paddles, because that is cruelty. It is terrible to spank your child. Is that not horrible'!

We also had a case where a fellow drove some matches under a guy,s fingernails and lit them. Now we have got to outlaw matches. We have to outlaw everything, because that is torture.

I am getting down to a point where all af these bleeding hearts had better get to the judges, that these heinous crimes are they had better start racking these hirds up. But some of these very same people are the guys who say, let them out; let them of prison; we are too cruel to these people who are corn- mitting these crimes. And our Governor says, turn them loose in the streets; we cannot have capital punishment; that is horrible.

These very same people cry about the Taser gun, hut how many of them are going to rack these judges up, these people who are so liberal with these people who arc committing crimes against society. I would like to see these alarmed legislators take some action in thuse areas.

I t is about time we get rid of these ridiculous things that they bring up because we are going to see gun control. That word "gunn-once you open that door you are going to have gun control. And you guys who want gun control can vote for this amendment of Mr. Davies and you are going to see a foot in the door with all these liberals, all these bleeding hearts, and the next thing you are going to have is gun control.

So let us vote this ridiculous thing down, and let us get some action in those courts and rack these birds up who are committing crimes.

The SPEAKER pro tempore. The Chair recognizes the from Delaware, Mr.

Mr. DOYLE. Would Mr. Da5:ics consent to brief inter- 'Ogation?

The SPEAKER pro tempore. Will the gentleman, Mr. Davies, consent to interrogation?

Mr. DAVIES. Yes, Mr. Speaker. The SPEAKER pro tempore. The gentleman may pro-

ceed' Mr. DOYLE. Was this amendment offered prfviously another

. Mr. DAVIES. sir. The amendment was different in its scope, and the previous amendment had another P'ovisioll in it.

Mr. DOYLE. I t was substantially the same, prohibiting the use of Tasers?

Mr. DAVIES. No, sir. It would have allowed thc nsf by the police, and testimony after the demonstration ha! 'hawed by two different groups of police about that use

Mr. DOYLE. Then your amendment here is No. 11 Ir that correct?

Mr. DAVIES. Yes; we are dealing with amendmenl No. 1.

Mr. DOYLE. And it would not allow even the polizt '" Of this weapon'

Mr. DAVIES. YES, because that is what the two group: that were there requested.

Mr. DOYLE. All right. Two, if your amendment No. I goes down in defeat, vrill you offer No. 2, which allow: the police to use it?

Mr. DAVIES. Yes, sir, that would be my intent. Mr. DOYLE. Then my question would be germane t!

what I just said, that you did offer an amendment beforc which was defeated which allowed the police to use it' Correct?

Mr. DAVIES. That is correct, sir. Mr. DOYLE. All right. When the time comes, I would like a clarification or

how many times an amendment may be offered if it i defeated. Amendment No. 2 is the same amendment a, was offered before and defeated, and I would likc to ad. dress myself to the reason it was defeated before.

I think the members can see that this is a controversia

The SPEAKER pro tempore. The Chair recognizes the gentleman from Philadelphia, Mr. Mullen.

Mr. NI. P. MULLEN. Mr. Speaker, I think everyone can see this is a very controversial amendment, and I am not going to pass judgment as to which way I would likc to vote, hut it certainly appears to be an issue that is important to the sportsmen.

The problem I face and the reason I have to go against the amendment is that if we attach this amendment to

amendment or subject. I am not at all sure how would go on it if I heard all the facts.

The bill has not been considered by at least the Lav and Justice Committee. I helieve there is a bill in th' Judiciary Committee, but I am not sure of that. I thin1 it should be put in committee, hearings held, and we hea from police officers, not just two police officers who hap pened to come up for that demonstration.

I saw the demonstration, and I was not at all convince(


time. Thank you, Mr. Speaker.

that the Taser has no use at all. We have cattle probes that use a small electrical shock for cattle. I can see the use of this weapon perhaps where we have rabid animal?. It is much more humane to subdue them than even the Mace or the chemical that they use to sedate an animal, That many times has very disastrous effects on the animals, whereas this would not, and this was admitted by the police officers from Philadelphia.

We have perhaps a use for it in prisons; I do not know. But the thing is that we do not have enough information on it, and it is wrong to attach it to this hill before the committee has bad an opportunity to study it. 1 would, therefore, on that basis ask that the amendment-this one and thc next one, with an additional objection at that time because it was defeated before-he defeated at this

I -

Berks County, Mr. Davies, in his concern ahout the Taler gun. Where we differ is how we should look at what we

cannot he muscular damage and a great deal of damage. I do not believe this is a defensive weapon. I believe

it is an offensive weapon and one which can be very, very dangerous to our society. I t has no place in the public domain whatsoever, and I am asking that you vote for this amendment, although i t is not as strong as I would like to have it. It is a lethal weapon, and if a burglar comes into my house, I want to have use of my legs so that I can run if I need to. I do not want to he immobil- ized.

Thank you.

~h~ S P E A K E ~ pro tempore, ~h~ chair recognizes the gentleman from Lancaster, Brandt,

BRANDT, Thank you, I share the concerns of our calleaeue from

POINT OF ORDER

The SPEAKER pro tempore. The Chair recognizes the gentleman from Philadelphia, Mr. Richardson. For what ourpose docs the gentleman rise?

Mr. RICHARDSON. I rise to a point of order. The SPEAKER pro tempore. The gentleman will state

11 Inat rac_r. The Taser gun is certainly a good, viable weapon in our The SPEAKER pro The Chair thanks the defensive forces, especially with the police. There is no

:entleman. question in my mind that when we have problems with

should do with this particular weapon. There is no question that this weapon should be defined

in our crimes code and that we define it as an weapon and put heavy and on those who use it in a criminal aspect. However, I say to you, especially with the demonstration we had with the Taser gun, that this weapon is a preventive weapon and a defensive

1.

Mr. Before the House moves to Text speaker, Mr. Speaker, the question that was raised 3y the previous speaker was the fact that this amendment gas introduced before. This amendment was not intr3- Suced before and is in a different form altogether, and I would hope that there would not he confusion in the citing " . > ~. , .

weapon. To those individuals in this House who are concerned

about how a barb is removed and how it falls in the carpet and if it injures the eye or the head, I say to those indi-

did they ever see a bullet being removed from a human body? It is certainly much more detrimental than this type of fishhook in the Taser gun.

Yashington and suggested that it he banned from manu- We try to hold down on the repetitious arguments that acture. 1 are being presented to the House.

The Chair recognizes the lady from Montgomery, Mrs. 'awcett.

Mrs. FAWCETT. There seems to he general agreement hat the Taser renders people helpless. There does not :eem to he general agreement that the Taser should be .egistered or under any kind of control.

1n my immediate community adjacent to my district, ecently a crime wak committed. Two elderly produce armers were hit with this gun twice and rendered abso- utely helpless. They simply could not defend them- elves. They were later shot, and 2 weeks ago their farm vas sold at auction. Now do you believe that this in- trument should he in the hands of the public at all?

When Time magazine came out with an article in 1973, believe, I immediately contacted my Congressman in

crowd control, I would certainly he more assured of a police officer shooting this type of weapon than shooting a high-caliber rifle into crowds.

There is no question-and I agree with Mr. Doyle-that this type of legislation should be studied further. We have hills that we feel could address this issue, and I certainly hope that we vote against these amendments.

The SPEAKER pro tempore. The Chair would like to call to the attention of the members that there have been eight members who have already spoken on this amendment. Much of it has been repetitious. I have a list here showing that at least three additional members wish to speak on the amendment.

I am not trying to stifle debate on the amendment, but I Suggest that we have many bills to cover today and that

he carpeted floor. In trying to pick i t up, he literally The SPEAKER pro tempore. The Chair recognizes the icked the carpet up off the floor. Do not tell me there 1 gentleman from York, Mr. Geesey.

This has no relationship to our sportsmen. Our sports leople use guns. They do not use tranquilizers and other neans of hunting. In my opinion, it would not be sports- nanlike to use such an instrument. I would prefer not to have that kind of item in my

tome, although we do have guns. If 1 were robbed, it ould he used against me or my neighbor. Those of us vho live in the areas where there is much robbery realize he danger of having any kind of instrument in our home. t is used against us by thc criminal element. While one of our staff members was examining this so-

alled barb down in Mr. Davies' office, he dropped it on

~h~ chair now recognizes the gentleman from phila. delphia, Giammarco.

M ~ , GIAMMARCO, M ~ . speaker, I rise in support of the Davies amendment.

I am not a flag waver; I am not for gun ~~t I will tell you one thing I am for-the electric chair.

I have seen this gun in action. I witnessed a human being tortured by one, I have seen the marks on this human heingXs body he shall carry for the rest of his life if they do not disappear in his growth. This is why I rise in support of the amendment,


The fact of the matter, as far as I am concerned, is thal a weapon of this type is utterly senseless and it defies any kind of logic in a civilized society. This amendment, if Pennsylvanians are to live a decent life, must be passed.


The SPEAKER pro tempore. The Chair recognizes the gentleman from Columbia, Mr. Shelhamer.

Mr. SHELHAMER. Mr. Speaker, I have not had a chance to speak and I will try to he very brief.

Mr. Speaker, I would like to say to the members of the House that I saw the demonstration and I was affected differently by it, evidently, than Mr. Davies was.

I oppose Mr. Davies' amendment not because I am for the Taser, not because I own a Taser, not because I have any interest in the Taser; I do not. I had never seen one before that night. I oppose it, however, on the philoso- phical grounds that because we are going to outlaw a space-age weapon, which is really what the Taser is, something new, that that is going to resolve our problem, The fact of the matter is, as was brought out in that meeting, that there are several hundred Tasers presently in Pennsylvania. And more important than that, Mr, Speaker, the Taser's secret has been unlocked. What thal means is that not only the people who manufacture Taseri can make Tasers, but most ally other electronic expert, ai was admitted there in that meeting, can make the same weapon. What that means to the members is this: Nc longer is anyone, whether you outlaw or do not outlaw that weapon, free.

I t was also brought out that equal or greater torture could be brought by anyone with an electric cord by simply taking a knife or a pair of pliers and snipping that cord in half and taking the two ends and pressing them against a person's abdomen.

The shock from a Taser is very similar and of the samt intensity as a shock from a spark plug wire, and I woulc venture to say that many members in this House, like me who do their own mechanical work have been shocked b~ a spark plug wire. The difference is that it remains for i longer intensity.

It is also almost identical to the shock from an electric fence.

I just think that we are going in the wrong direction Philosophically, i t is wrong. It is not going to solve th( problem. The alcohol and tobacco people have a l read~ moved against it, and I think it very foolish that we move in this direction.

One last thing: I happen to support Mr. Mullen in hi: amendment. I agree with what we are doing in that bill and many of us are concerned over obscenity. I woulc not like to see the waters muddied with this amendment I do agree with Mr. Doyle that perhaps the Law and Jus- tice Committee should hold hearings on this and sat is f~

-- -

Mr. GEESEY. Mr. Speaker, I would like it very clearly known that I have always opposed gun control. I fully intend in the future to oppose gun control. And I will debate with anyone a t any time at any place that a vote in favor of this amendment is a vote in favor of gun control.

ment from the State Police. The SPEAKER pro tempore. The gentleman may pro-

ceed. Mr. DAVIES. (Reading:)

In the opinion of the Pennsylvania State Police, the TASER has no useful purpose and should be outlawed. Although advertised as a self defense device, the probability of its being used by the criminal element is too great.

The device is too limited in range and scope to be used as an effective, non-lethal law enforcement tool.



The yeas and nays were required by Messrs. DAVIEZ and SHELHAMER and were as follows:

YEAS-97

The SPEAKER pro tempore. The Chair recognizes the gentleman from Berks, Mr. Davies.

The Chair would ask the gentleman whether or not he has spoken twice on this amendment?

Mr. DAVIES. No. I have spoken once and I have answered interrogation. All I want to do is read this state-

Abraham Hamilton. J. H. Morris Shme Anderaon. J. H Hutchfrwn. W. Mrkonic Shelton Barber Beren Berlin BerSOn Bonetto Burns Butera Cevsar Cianciulll Cohen cowell Davles DWonato Dumas Fawcttt Flahelty Freind Callasher Gallen Geese, Gdsler Giarnm- Greenileld

A r t h m Belled Bennett Blttle B r a d l q Brandt BNMU

Crawiord Cumberhad DeMedio

Dorr Doyle Drrihelhi. Eckembergex Znglehart Fea

INts Must0 Shlunan Itkln Myers Shupnlk Johnso% J. O'Connell S i r i m Katz OUver Spencer Kells, A. P. Pancoast Stahl Kelly. J. B. Parker. H. S. Stapleton Kernick Perri Taddonlo Kistier Polite Toll Kulter Prendergast Turner LaMaree Pylel WB-EZ Lederer Rappaport Wargo Lague Heed Wiggins L m c h HenninEer Wilson McCLatchy Rhodes W ~ l o w M c G i m Richardson Wright McIntym Rieger Yohn MeLane Ritter Zeartoss Mebw R- Zord Menhorn Ryan Zwlkl Miller, M. E.. Jr. Salvatore Milliron Scheaffer Flnemsn, Miseevich Schweder Speske Moehlmann S d n c e

F lschv Kowalyshyn Firher K w s e Foster. A. Laudadlo Foster. W. LaughUn mver Lehr G&. Letterman George h v l Gillespie I.lneoln Gillette Manderino Gleeson g an miner Goodman MeCall Green McCue Grirco Wlenovlch Gring Mlller. M. E. Haiverson Mullen Hasay Mullen, M. P . Aaskell Novak Hayes, D. 8 . Noye Hayen. S. E. O'Brien Hepford O'Keeie HIU Prtrarea Hopklns Pievsky Hutchlnson. A. Pit-

- ~ ~ ~ ~ ~ -

Sehmltt Bsl* Shelhuner Smlth. E. Smlth. L. stout T w l m m o m s R e u o vsu-ti Vroon Wddncr Westerher&! Whelm Williams Wilt. R. w. Wilt. W. W. Ldler

themselves as to what the final outcome should be on this thing. For that reason I would ask for a negative vote on this and other amendments.

Thank you.

NOT VOTING-12 Cole Knepper Perry Walsh. T. P. Gleaaon MCG~BW Ustynoakl Wojdak Earnmock O'DonneU W w e r Yahner

LEGISLATIVE J O U R N A L H O U S E -- -

So the question was determined in the affirmative and 1 As they said, I go to Muhlenberg College. I am a grad-

SENATE BILL No. 995 PASSED OVER TEMPORARILY

the amendments were agreed to.

The SPEAKER Pro Are there any amendments to this bill?

The Chair recognizes the gentleman from Delaware, Mr. Zearfoss.

Mr. ZEARFOSS. Mr. Speaker, I have Ordered an amendment. I would be perfectly happy to offer it tomorrow. If you want to pass this over temporarily, it probably will be down sometime later today.

you for having me. The SPEAKER pro tempore. The Chair thanks the

ladv. and I would like to note at this time that she eot

uate student. One of the reasons I was in the pageant was because of the scholarship money. I have won $2,200 to further my education, meaning that I can complete my masters' degree much easier.

I would like to say that you had great taste in passing House hill No. 2379. I know it is on the Senate calendar this afternoon and I really want to thank you because that scholarship money will be used by the other con- testants to further their education,

Now we are off to Atlantic City, but I just want to thank

The SPEAKER pro tempore. The bill will be passed considerably more attention than the Chair has gottenall over temworarily. 1 dai. '

MISS PENNSYLVANIA PRESENTED

Will the amendment be prepared today?

The Chair recognizes the majority whip. Mr. MANDERINO. Mr. Speaker, this hill is on second

consideration, and the purpose of taking UP the amendments today is so that we would not have to deal with amendments tomorrow.

I would suggest to the gentleman that he have his amendments for this afternoon. We have temporarily passed over the hill.

The SPEAKER pro tempore. The Chair recognizes the majority whim

The Chair recognizes the gentleman from Montgomery, Mr. Mebus.

Mr. MEBUS. I think that the membership of this House would extend to Miss Pennsylvania good wishes for her election as Miss America in Atlantic City come Labor Day.

The SPEAKER pro tempore. I am sure those senti- ments are echoed by all of us.

REQUEST FOR RECESS

At this time I am privileged to introduce someone to The SPEAKER pro The Chair recognizes the

rou who has just a few words before we break for lunch, minority whip. )ut I would like to yield to my colleague, Mr. Burns. Mr. RYAN. I think the onlv thine that Mr. Manderino

The SPEAKER pro tempore. The Chair recognizes the zentleman from Blair, Mr. Milliron.

Mr. MILLIRON. Mr. Speaker, thank you. Yesterday we had some people in, but as many of you

will remember, last year for the first year the city of lltoona was the host city for the Miss Pennsylvania Page- mt. About a month ago you men joined with me in ,assing House bill No. 2379, which helped 16 young ladies 'rom across the state with their scholarships.

Mr. MANDERINO. Mr. Speaker, as I am sure the members have noted, we have a long list of hills to vote today. By the progress that we have made this morning, we may be here until Christmas just finishing the calendar. But there is a long list of bills to be voted.

We propose at this time to break for lunch. We will return in 1 hour, at 1 o'clock, and begin immediately at that time to consider nonpreferred appropriations.

If there are no announcements by the minority side-

- - - Miss M ~ L A U G H ~ I N . ~ h a n k you very much,

neaker I WELFARE SUBCOMMITTEE MEETING

The SPEAKER pro tempore. The Chair recognizes the lentleman from Bucks, Mr. Burns.

Mr. BURNS. Mr. Speaker, it gives me great pleasure oday to introduce to the House a person from my district, he 18th district, in Bucks County, a person who 2 years go was Miss Bucks County. This year she was Miss .ehigh County and went on from there to become Miss 'ennsylvania.

Marie McLaughlin is a student at Muhlenherg College, nd we all hope that she will be the next Miss America. It is my pleasure to introduce Miss Marie McLaughlin. The SPEAKER pro tempore. On behalf of the mem-

ers, I would like to welcome to the floor of the House, liss McLaughlin, who is also a student at Muhlenberg !olleee in the Lehieh Vallev.

- neglected to say is that after we have run the nonpreferreds, we will be breaking later on today to caucus on some of the matters that are yet to come before us.

Mr. MANDERINO. Mr. Speaker, I, therefore, now ask for a recess of the Rouse until 1 o'clock. Prior to declar- ing the recess, I wish you would return to reports of committee and then declare the House in recess until 1 o'clock.

REPORT OF COMMITTEE OF CONFERENCE ON HOUSE BILL NO. 567

GOODMAN presented the report of the Cornmitee of Conference on House bill No. 567.

The SPEAKER pro tempore. The report will be laid over for printing under the rules.

- - . Tiss America Pageant. I lady, Mrs. Kernick.

A~ - -. . . . . . I want to tell you that I am to be here. I

m thrilled at being Miss Pennsylvania, finall?. I tried rhen I was Miss Bucks County and I was second runner- p. I came back as Miss Lehigh Valley this Year and then became Miss Pennsylvania. Throughout the year I am going to try my best to carry

n the eood renutation of Pennsylvania, esaecially in the

The SPEAKER pro tempore. The Chair recognizes the gentleman from philadelphia, M ~ . ~ ~ ~ b ~ ~ ,

Mr. BARBER. Mr. Speaker, there will be a meeting "f the Subcommittee on Welfare in room 246.

Thank you.

The SPEAKER pro tempore. The Chair recognizes the


LEGISLATIVE CITATIONS ADOPTED Mrs. KERNICK, chairman of Select Committee on Leg-

islative Citations, presented citations, which were read, considered, adopted, and forwarded to the following recipients:

Mr. and Mrs. Walter S. Hunsicker, R. D. 1, Slatington, Pennsylvania 18080.

Mr. and Mrs. Edward K. Rentschler, 231 State Street, Hamburg, Pennsylvania 19526.

Mr. and Mrs. Emerson M. Stoudt, R. D. 1, Bernvillr, Pennsylvania 19506.

Mr. and Mrs. ~ e r o ~ P. swavely, Red Maple Acres Mo- bile Home Park, Route 1, Wescosville, Pennsylvania 18106.

Mr. and Mrs. Peters, 204 Road, Emmaus, Pennsylvania 18049.

Dr. and Mrs. Norman H. Gemmill, Stewartstown, Perm- sylvania 17363.

Mr. and Mrs. Willard Winemiller, R. D. 2, Glen Rock. Pennsylvania 17327.

Mr. and Mrs. H. Kern, R. D. 3, Pennsylvania 18080.

Mr. and Mrs. H. R. D. 2, Tamaqua, Pennsylvania 18252.

Mr. and Mrs. Frederick R. Blase, R. D. 3, Slatington, Pennsylvania 18080.

Mr. and Mrs. Frank Bubel, 119 Gay Street, Tamaqua, Pennsylvania 18252.

Mr. and Mrs. Millard S. Gerhard, R. D. 1, Barnesville, Pennsylvania 18214.

Linden "Win" Levis, 2018 Woodland Road, Abington, Pennsylvania 19001.

Mrs. Nora Lynch Keams, R. D. COnneaut Lake* Perm- sylvania 16316.

James Roha, 659 William Street, Meadville. P e n n s ~ l - vania 16335.

Mr. and Mrs. Fred W. Beil, 256 South Mercer Street, Greenville, Pennsylvania 16125.

Mrs. June Evans, 131 South Pitt Street, Mercer, Perm- sylvania 16137.

Mrs. Evelyn W. Martin, c/o Mr. C. Laurence Martin, Lenape Road, West Chester, Pennsylvania 19380.

Stanley Fowler, Clarksville, Pennsylvania 15332. Mt. Morris Community Volunteer Fire Company, Mt.

Morris, Pennsylvania 15349. Mr. and Mrs. Talbert Nelson, Graysville, Pennsylvania

15337. Mr. and Mrs. Peter Vukman, R. D. 1, Waynesburg,

Pennsylvania 15370. Mr. and Mrs. Harry G. Jackson, Pitcairn, Pennsylvania

15140. Moses B. Kauffman, Reinholds, Pennsylvania 17569. Sandy Run Camp, Headwaters of Sandy Run, Leidy

Township, Clinton County, Pennsylvania. Mr. and Mrs. Charles Cichy, 7510 David Road, Swatara

Township, Harrisburg, Pennsylvania 17111. First United Presbyterian Church, West Broad Street,

Tamaqua, Pennsylvania 18252. Brigadier Gilbert Hess, The Salvation Army, 200 Sev-

enth Avenue, Altoona, Pennsylvania 16602. Mr. and Mrs. Charles A. Moore, R. D. 5, Latrobe, Penn-

sylvania 15650. Mr. and Mrs. Guy Campbell, 938 Wood Street, Latrobe,

Pennsylvania 15650. Mr. and Mrs. Joseph L. Schott, 118 Avenue C, Latrobe,

Pennsylvania 15650.

Mr. and Mrs. Ely Landis, 225 E. Fourth Street, Lans- dale, Pennsylvania 19446.

M,, and M ~ S . Charles W. Conway, 2430 Reading Boule- vard, West Wyomissing, Pennsylvania 19609,

Reverend wonsigner wi1liam P, Bridy, pastor, st, Patrick Cathedral.

M,, and M ~ ~ , H~~~~ ~ ~ d t , 1409 peiffer L ~ ~ ~ , 0berlin, Steelton, Pennsylvania 17113.

Mr. and Mrs. Stewart Koller, R. D. 1, Glen Rock, Penn- sylvania 17327.

~ r . and Mrs. Archie Brenneman, 73 East Main Street, Dallastown, Pennsylvania 17313.

M,, and Mrs. jacob E. Swemly, R. D. 10, York, Penn- sylvania

Mr. and Mrs. Frank Casey, 4126 Pierpont Avenue, Erie Pennsylvania 16509.

M ~ S . Mazie Cooper, 146 Normal Avenue, Slippery Rock Pennsylvania 16057.

MTS. Marinda Cooper, R. D. 2, Slippery Rock, Pennsyl- vania 16057.

St. Stephen's Episcopal Church, 221 North Front Street Harrisburg, Pennsylvania 17101.

Mr. and Mrs. Robert Weightman, 109 Castner Avenue Donora, Pennsylvania 15033.

TRW Harrisburg, 1400 North Cameron Street, Harris- burg, Pennsylvania 17103.

M, and M ~ S . George Hill, Deer Lake, Orwigsbure Pennsylvania 17961.

M,. and Mrs. Benjamin Krause, R. D. 3, Slatington Pennsylvania 18080.

~ r . and Mrs. Paul T. zellner, R. D. 3, Slatington, Penn. sylvania 18080.

Mr. and Mrs. Harvey J . Solt, Trexlertown, Pennsyl vania 18187.

Ron LaPorta, 586 Rutherford Drive, Springfield, Penn sylvania 19064.

Charles E. Clayton, 538 West Rolling Road, Springfield Pennsylvania 19064.

~~~i~ Dearden, 139 Barbara Drive, Springfield, Penn sylvania 19064.

M,, and mrs, G~~~~~ A. ~ ~ ~ i ~ , 1032 chestnut stree. Kulpmont, Pennsylvania 17834.

Mr. and Mrs. Philip Bridenbaugh, 108 East Edison Ave New Castle, Pennsylvania 16101,

Mr. and Mrs. Stanley Litrenta, 208 Taylor Street, Nex Castle, Pennsylvania 16101,

Mr. and Mrs. John A. Mastrangelo, 1005 South Merce Street, New Castle, Pennsylvania 16101,

Mr. and Mrs. Gilbert G. Lee, Sr., Roscoe, Pennsylvani 15477.

Mr. and Mrs. Donald G. Santoni, 7220 Buck Street, Har risburg, Pennsylvania 17111,

Mrs. Lloyd H. Artz, 515 B. East Lancaster Avenue, Shil lington, 19607.

Philip M. Glasser, 99 Grant Avenue, Pittsburgh, Penn 'Ylvania 15223.

Borough of Portland, c/o Mayor, Portland, Pennsyl

Mayor Richard J. Hunger and the Bicentennial Corn mittee of Vandergrift, C/O Christopher Sciullo, Vander grift, Pennsylvania 15690.

Lion Franklin M. DeWitt and the Coopersburg Lior Club, Coopersburg, Pennsylvania 18036.

Bertha E. Banzhoff, 1316 Chew Street, Allentown, Penr sylvania 18102.


Mr. and Mrs. Blair Schantzenbach, Route 3, Box 149, Coopersburg, Pennsylvania 18036.

Mr. and Mrs. Claude G. Schaffer, Route 3, Box 134, Coopershurg, Pennsylvania 18036.

Mr. and Mrs. Francis N. Bergstresser, Route 2, Box 109, Allentown, Pennsylvania 18103.

Mr. and Mrs. Calvin J. Sharrer, Route 1, Coopersburg, Pennsylvania 18036.

Mr. and Mrs. Joseph D. Wieder, 556 Chestnut Street, Emmaus. Pennsylvania 18049.

17308. Reverend Robert E. Mitman, Grace Lutheran Church HOUSE BILLS INTRODUCED AND

)f Wvndmoor. Willow Grove and Flourtown Avenues. REFERRED TO COMMITTEES

Mr. and Mrs. Alois Klrment, 3025 Hohson Street, White- hall, Pennsylvania 18052.

Mr. and Mrs. Donald Copson, 134 East Leasure Avenue, New Castle, Pennsylvania 16101.

citizens of Perry County, c/o Representative Fred Noye, St. Patrick's School, Rear 231 South Beaver Street,

York, Pennsylvania 17403. Lynda Myers, 2449 North George Street, ~ o r k , Penn-

sylvania 17402. Mr. and Mrs. George K. Buckecker, 225 North Second

Street, Emmaus, Pennsylvania 18049. Mr. and Mrs. ~ r t h u r G. Wanamaker, 805 East Emmaus

Avenue, Allentown, Pennsylvania 18103. Mr. and Mrs. Henry M. Schnabel, Route '3 *lburtis,

Pennsylvania 18011. Mr. and Mrs. E. H. Stettler, Rt. 3, Allentown, Pennsyl-

vania 18104. Director John A. Ferraro and the "Falcons" Band Or-

ranization of Salisbury Township High School, 500 ~~~t Montgomery Street, Allentown, Pennsylvania 18103.

Mr. Alan Daniel Raber, 1987 Collingswood Drive, Beth- lehem, Pennsylvania 18017.

Mr. and Mrs. Theodore Koedel, 1315 Pennsylvania Ave- we, Natrona Heights, Pennsylvania 15065.

Mr. and Mrs. George W. Trout, 26 Glen Avenue, Glen Xock, Pennsylvania 17327.

Mr. and Mrs. Henry E. Miller, Brodbecks, Pennsylvania

h'yndmoor, Pennsylvania 19118. Father John Zipay, St. Stephen's Church, 27 Girard

'venue, Plymouth, Pennsylvania 18651. Father Gervase M. Chutis, Pastor, St. Casimir Church,

Cast Vandergrift, Pennsylvania 15690. Mr. and Mrs. George Kean, R. D. 1, Cranesville, Penn-

ylvania 16410. Mr. and Mrs. James G. Hotchkiss, 1444 Thompson Road,

Eoslyn, Pennsylvania 19001. Signals Band of Toronto, Toronto, Canada. Haverford High School Chamber Singers, Haverford

'ownship Senior High School, Mill Road, Havertown, 'ennsylvania 19083.

Mr. and Mrs. Edward Smith, 292 West Franklin Street, Yaynesburg, Pennsylvania 15370.

Mr. and Mrs. Michael Bosko, Craven Hill, Pennsylvania. Mr. and Mrs. Clarence P. Grimes, R. D. 1, U'aynesburg,

'ennsylvania 15370. Mr. and Mrs. Francis J. Doyle, 705 Crescent Drive, Glen-

~lden, Pennsylvania 19036.

Netta Young, c/o Norristown High School, Norristown, 'ennsylvania.

Mr. and Mrs. John White, 560 Pine Street, Royersford,

Barbara Abbott, 1436 Street Road, Southampton, Penn- sylvania 18966.

Ron Forster, 2831 Lamott Avenue, Roslyn, Pennsyl- vania 19001.

Hal I. Backer, 609 Roslyn Avenue, Glenside, Pennsyl- vania 19038.

Joseph V. J. Mailey, 221 Holmecrest Avenue, Jenkin- town, Pennsylvania 19046.

Joseph Jurich, 1365 Fitzwatertown Road, ~ o s l y n , Penn- sylvania 19001.

Jules M. Cegielkowski, 821 Burke Avenue, Rockledge, Pennsylvania 19111.

Joseph H. Happe, 207 Holmecrest Road, Jenkintown, Pennsylvania 19046.

Albert "jay" Foster, Jr., 749 Arden Road, Jenkintown, Pennsylvania 19046.

By Mr. DREIBELBIS HOUSE BILL No. 2575

An Act amending the "Public School Code of 1949," approved March 10, 1949 (P. L. 30, No. 14), further providing for certain courses of study.

Referred to Committee on Education.

I Bv Mr. COWELL. Mrs. KELLY. Mrs. GILLETTE.

I ' ~ r . PARKER, Mrs. TOLL and Mr. MRKONIC HOUSE BILL No. 2576

An Act providing for the creation of a multipurpose service center pilot program for displaced homemakers, granting certain powers and duties to the Department of Public Welfare and making an appropriation.

Referred to Committee on Health and Welfare. I By Messrs BRUNNER. GARZIA. MENHORN, KUSSE and GRING HOUSE BILL No. 2577

An Act amending ;he "Senior Citizens Property Tax or Rent Rebate Act, approved March 11, 1971 (P. L. 104. No. 3). retroactivelv substitutine a declaration for 1 an 'affidavit of widow o i widower stztus I Referred to Committee on Finance. I By Messrs. BRUNNER MENHORN, CAPUTO and

GRING HOUSE BILL No. 2578

Mr. and Mrs. Edward P. Boemio, 855 East Rock Road, 1 Referred to 'Ommittee On Finance

'ennsylvania 19468. Elizabeth Forward Senior I-Iigh School Varsity Baseball

'earn, Elizabeth Forward senior ~ i g h school, ~~~t~ 48 n d Weigle's Rill, Elizabeth, Pennsylvania 15037.

Jlentown, Pennsylvania 18103. By Messrs. BRUNNER, MENHORN, CAPUTO and Emmaus High School Physical Fitness Team, c/o Coach GRING HOUSE BILL No. 2519

An Act amending "The Fiscal Code," approved April 9, 1929 (P. L. 343, No. 176), providing for an increase in the amount of interest assessed against unpaid taxes, and eliminating interest on bonus.

:eorge Gibbs, Emmaus High School. 851 North Street, An Act amending the u ~ a x Reform Code of 1911," :mmaus, Pennsylvania 18049. lapproved March 4. 1871 (P. L 6, No. 2). providing for an


DOMBROWSKI, D~WEESE; BERLIN and / An Act amending the act of February 1, 1966 (1965, MILLIRON HOUSE BILL No. 2581 P. L. 1656, No. 581), ,entitled "The Borough Code," pro-

Ividing for membership in mayoral associations and au- An Act amending Title 75 (Vehicles) of the Pennsyl- thorizing the payment of expenses relating thereto.

vania Consolidated Statutes further providing for ex-! aminations for operators of certain emergency equip- / HOUSE BILL No. 2141 ment. I An Act amending the act of March 11, 1971 (P. L. 104,

Referred to Committee on Transportation. No. 3), entitled, as amended, "Senior Citizens Property / T a x or Rent Rebate Act," further providing for a tempo-

By Messrs. FISCHER, BRUNNER, STOUT and rary method of payment of administrative expenses and I-,-:--

-- ~

increase in the amount of interest assessed against unpaid taxes.

Referred to Committee on Finance.

B~ M ~ ~ ~ ~ ~ , BRUNNER, MENHORN, CAPUTO and GRING HOUSE BILL No, 2580

An Act amending the "Co-operative Agricultural As- sociation Corporate Net Income Tax Act," approved May 23, 1945 (P. L. 893, No. 360), providing for an increase in the amount of interest assessed against unpald taxes.

Referred to Committee on Agriculture.

- --- - .- ---- .

An Act amending the act of June 22, 1931 (P. L. 720, 1 HOUSE BILL No. M I

No. 262), referred to as the City State Highway Law,, An Act amending the act of December 11, 1967 (P. L. changing certain routes in the City of Washington. /707, No. 331), entitled "State Horse Racing Law." fur-

thar nrnvlrl~no fnr incorporation.

HOUSE BILL No. 1607

An Act repealing the act of May 10, 1893 (P. L. 37, No. 33), entitled "An act to prevent deception and fraud by owners or agents who may have control of any stallion kept for service by proclaiming or publishing fraudulent or false pedigrees or records and to protect such owners or agents in the collection of fees for services of such

No. 1752

An Act authorizing tbe Department of Property and Supplies, with the approval of the Governor and the De- partment of Environmental Resources, to convey a tract of land in Lower Yoder Township, Cambria County, in

HOUSE RESOLUTION INTRODUCED An Act authorizing the Department of General Services to convey a tract of land and right-of-way in the City of

AND REFERRED Oil City to the City of Oil City.

By Messrs. GILLESPIE, O'KEEFE, STAPLETON, exchange for another tract located in the same township. DOYLE, GARZIA, FEE, ARTHURS, GLEESON, LETTERMAN. DiDONATO. TAYLOR. SHUMAN, 1 1764

By Messrs. ZELLER, REED, Mrs. KERNICK, Messrs. HOUSE BILL NO. 2353 FRYER and McINTYRE RESOLUTION No. 285 An Act amending the act of May 11, 1889 (P. L. 188,

No. 2101, entitled "A further supplement to an act entitled The Speaker of the House. of Representatives of the 1 'An act to establish a board of wardens for the Port of

Commonwealth of Pennsylvania appoint select COnImlt- Philadelphia and for the regulation of pilots and pilotage tee of seven members, four from the malorlty and three land for other purposes,' approved March twenty-ninth from the minority, to conduct a thorough investigation one thousand eight hundred and three, and for regulat- of the transaction involving the sale of over $66,000 1 ing the rates of pilotage and number of pilots," further worth of furniture by James L. Douds, member of thelreguiating the rates of pllotage and class of pilots.

ruo. 30, ennneo, as anlrnueu, rrulr. anu vrgr~aum urau- ing Law," excluding grapes from the provisions of the ! An-Act amending the act of November 29, 1967 (P. L act: redefinine "closed ~ackaae": and limitine the rieht 1636. No. 292). entitled "Neiahborhood Assistance Act.'

Harness Racing Commission, to the Meadows Racetrack.

Referred to Committee on Rules.

SENATE MESSAGE

HOUSE BILLS CONCURRED IN BY SENATE

The clerk of the Senate, being introduced, returned bills from the House of Representatives numbered and entitled as follows:

HOUSE BILL No. 596

An Act amending the act of May 29, 1935 (P. L. 244, No. 102), entitled "Local Government Compisslon Law," providing for the publishing and distribution of cer tan codes.

HOUSE BILL No. 1468

of 'agents o f the departmest 'to enter up'bn certiin[providing f o r - a tax credit oflup to seventy per cent t( premises. business firms which contribute to activities of the typc

With information that the Senate has passed the samc without amendment.

SENATE MESSAGE AMENDED HOUSE BILLS RETURNED

FOR CONCURRENCE

The clerk of the Senate, being introduced, returned

HOUSE BILL No. 1409

An Act amending the act of May 22, 1933 (P. L. 912 No. 168), entitled "An act to protect the public health . . . . , requiring certain physical examinations and prohibiting certain persons from working in a bakery.

HOUSE BILL No. 1498

An Act amending the act of April 12, 1951 (P. L. 90, No 21), entitled "Liquor Code," providing certain changes fol stadium or arena permits.

LEGlSLATlVE JOURNAL-HOUSE

:ertified in regulation by the Secretary of the Depart- ment of Community Affalrs as special program prlorlties and further providing for the maximum amount of tax >redits which may be allowed in any one fiscal year.

SENATE MESSAGE

PARLIAMENTARY INQUIRY The SPEAKER pro tempore. The Chair recognizes the

gentleman from Delaware, Mr. Doyle. For what pur- With the information that the Senate has passed the

;ame with amendments in which the concurrence of the House of Representatives is requested.

The SPEAKER pro tempore. The bills will appear on .he calendar.

event: When m ~ g h t an amendment be offered if it is sub- I . . . ' stantlally snn~la r to another amendment which had been

Pose does the gentleman rise? Mr. DOYLE. I rise to a parliamentary inquiry. The SPEAKER pro tempore. The gentleman will state it. Mr. DOYLE. I had asked a question which did not

come before the House because the second Davies amendment was not offered because the first one had been accepted, but I would like the question answered in anv

SENATE ADOPTS REPORT OF COMMITTEE OF 1 offered and defeated? CONFERENCE ON HOUSE BILL No. 77

The clerk of the Senate, being introduced, informed hat the Senate has adopted the report of the Committee )n Conference on

The SPEAKER pro tempore. This Chair has ruled on other occasions that if an amendment which has once been offered and voted down is later offered again in substantially the same form, the Chair would not recog-

HOUSE BILL No. 77

An 32) , Act entitled amending the vehicle act of Code,n April 29, 1959 (P. the L: lss,u- 58,

mce of special registration plates exempt from all regls- ration fees to certain disabled veterans; exempting motor rehicles bearing such plates from certain parking re- trictions for limited times; and prescribing penalties.

nize or permit a vote on that amendment. Mr. DOYLE. What is the ruling of the Chair if the

amendment was not defeated but rather passed? In other words, an amendment is offered, is adopted into a bill, and then subseauent to that the slthstantially same amendment is to another bill?

The SPEAKER uro tempore. The Chair's feeling is

SENATE MESSAGE

SENATE OF 'OMMITTEE OF CONFERENCE ON SENATE BILL No. 675

that the same ruling would apply, that it would no t be permitted on the basis that we would be cluttering u p a number of bills with the same amendment.

Mr. DOYLE, Thank you, Mr. Speaker,

The clerk of the Senate, being introduced, informed hat the Senate has adopted the report of the Committee n Conference on

SENATE BILL No. 675

SENATE MESSAGE TIIE SPEAKER (Herbert Fineman)

CONCURRENCE IN HOUSE RESOLUTION No. 269 1 IN THE CHAIR

RECESS

The SPEAKER pro tempore. This House is now in recess until 1 o'clock.

An Act amending the act of August 31, 1911 (P. L. 398, Jo. 961, entitled "County Pension Law," further defining egular interest, further providing for simultaneous pay- lents of salary and retirement benefits and providing 3r subsequent admissions to the system.

AFTER RECESS

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

The clerk of the Senate, being introduced, informed I RULES SUSPENDED TO l a t the Senate has concurred in the following resolu- on from the House of Representatives:

HOUSE RESOLUTION No. 269

Memorializing Congress to reaffirm the policy of "Uni- ersal Service" and the authority of the State Public ltilities Commissions.

CONSIDER RESOLUTION The SPEAKER. Does the majority leader have a

citation? Mr. IRVrS. Yes, Mr. Speaker. The SPEAKER. The gentleman will send the resolu-

tion to the desk. Is this a privileged resolution? Mr. IRVIS. It is not a privileged resolution, Mr.

SENATE MESSAGE

RESOLUTION FOR CONCURRENCE

The clerk of the Senate, being introduced, presented )r concurrence resolution numbered and entitled as ~llows:

Speaker, hut since the matter of t ime involved in i t is of the essence, I would move that the rules of the House be waived so that the House might immediately consider the resolution and pass i t so that the citation may be immediately prepared.

The SPEAKER. The majority leader has moved that the rules of the House be temporarily suspended.

SENATE RESOLUTION No. 245

Memorializing Congress to defeat Waterways Users ax.



The yeas and nays were required by Messrs. IRVIS and W. W. WILT and were as follows:

5708 LEGISLATIVE

YEAS-153 Abraham Foster, W. Lynch Renwick Andernon. J. H. Fner Manderlno Richardson AM- Gallapher Manmlller Ritter Bellomin1 Gnraa McCall Ssloom Bennett Geeaey MeClatehy Salvatore

Scheaffer Berm Gelsler McCue George McGinnia Sehmltt Berlin

Berson Glsmmarm MeLane Schweder Bittle Gillerpie Mebus Sdrlca Bonetto Goodman Menhorn Seltzer Bradley Greenfield Mllanovieh Shelhamer Brandt Grieco 1 1 M. E. Shuman Brunner Gring Mlller. M. E.. Jr. Shupnfk Burns Haherson mllixon Smith. L.

Hamilton. J. H. Miscevich Spencer Caputa Cessar Hasay Moehlmann Stahl Cianciulll Hayes. D. S. Morris stapleton Cimlni Hayes. S. E. Mrkonic Stout Cowell Hepiord Mullen Taddonlo Crawford Hill Mullen. M. P. Taylor Cumberland Hopkins Musto Thomas

Rel lo Davies Irvia Novak DeMedlo ItUn No ye n M e r Devertel Johnson. J. WBrlen Wansacz Dicarlo Kstz O'Connell Wsrgo Dletr Kelly. A. P. O'Donnell W~idne r DinI,",I Kernick O'Keefe Westerher: Dombrowsld Kistler Paneoart Williams Dorr Kltngaman Parker, H. S. Wilt, W. W. Doyle Klwse P e m Worrllow Drdbelbis LnMarea Petrarea Wright Eckembergn Laudadlo PLtb Yohn Englehart Laughlin Polite Zearfo9s Fawcett h d e r e r Pratt Zeller Fee Lehr Prenderpast Zwikl Ffseher Lette-M m l e r Flsher Levl Ravenstah1 f i e m a n , Flaherty Lincoln Reed 'Dellter Foster, A. Lome Renninger

N A Y S 1 Wilson

NOT V O T I N G 4 9 Hammock Toll P e w Barber Hnskell Revsky UstVnoskl Butera Hutchinson, A. Rappaport Valleentl Cohen Hutchlnson. W. Rhod- Vroon Cole ~ e l l y , J. B. Rleger Wagner DeWeese

DlDonato Knepper Bass WsW. T. P . Dumas Kolter Rugaero Whelan Frelnd Kowalnbyn Ryan Wiggins Gallen ~ I C G I ~ W Shm Wilt, R. W. Glllette Mc111tyre Sheltwi Wojdsk Gleason Myem SUannl Yahner Gleeson Oliver Smlth. E. Zord Green


HOUSE O F REPRESENTATIVES WHEREAS, Dr. Daniel Hale Williams was born in

Hollidayshurg, Pennsylvania on January 18, 1856: and WHEREAS, Dr. Williams, who was an eminent black

physician, was the first surgeon of record to perform open heart surgery on July 9, 1893 in Chicago. The man who had the surgery lived twenty more years; and

WHEREAS, Dr. Williams opened the first interracial hospital, Provident Hospital, in 1891 in Chicago.

Now therefore, the House of Representatives of the Commonwealth of Pennsylvania pauses in its deliherations to pay tribute to Dr. Daniel Hale Williams and com- memorate his outsanding achievements in the field of medicine; and further directs that a copy of this citation he delivered to the Honorable Charles Harclerode, Mayor, Bor- ough of Hollidaysburg, Hollidaysburg, Pennsylvania 16648.

K. LEROY IRVIS W. WILLIAM WILT

J O U R N A L H O U S E June 29,

Agreeable to order, The House proceeded to third consideration of Senate


An Act making a n appropriation to the Delaware Val- ley College of Science and Agriculture at Doylestown, Pennsylvania.


The SPEAKER. 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 provision of the Constitution, the yeas and nays will now be taken.

YEAS-1'11

Abmh.m Georgo MrCall Seheaffcr A n d e o n . J. 8. G!armuireo MeClatehy S ~ h m l t t Bennett Gillespie McClle Schweder Beren Gillette MeGlnnis S ~ i r i ~ a Berlin Gleeson MeLane Seltzer Bemon Goodman Mebus Shme Bittle Green Menhorn Shclhnrner Boneno Greenfield Mllanovlch Shuman Bradley Grief0 Miller, M. E. Shupnik Brandt Grlng Miller. M. E.. J r . Sirlannt Grunnn Il:;he;son Milliron Smith. E. B u m Hamilton. J. 8. Miseevleh Smith. L. Butern Hasay Moehlmann Spencer Caputo HnakeU Morris StaN C1:.-~lciulli H.17~. D. S. Ml:llen Stapletun Cimm Hayes. S. E. Mullen, M. P. Stout Cowcll Hepford Musto Taddonlo Crsvlord Hill Myrm Taylor Cumherland Aopkins Novak Thorn- Davle. Hutchinaon. A. 1Voyc Toll DdMedio Hutchinson. W. O'arl-n well0 Deverter rwl8 O'Connell Turner DeWeese Itkln O'Donnel; Valicentl Diearlo Johnson. J. O'ICeefe Vroan

EEml Katz Oliver W-acz Kelly. A. P. Pancoast Wargo

Do* Kernick Parker. H. S. Weidnm Ooylle Ktltler Perrl W~eterbere DrelhelM. Klinpamln Petrvrea Whelan Liekenharzs. Kolter Pievsky Williams Englchnn Kusse Pitts Wilson Fswcett LaMarc. Polite Wflt, R. W. Fhcher Laudadla Pratt Wilt, W. W. gyiw&, Laughlh Prendcrgsrt Womilow

Lederer Pyles Wlight Porter. A. Lehr Rappaport Yobn Foster. W. Lefterman Reed Zearlors Frelnd Lev1 Rznninger Zener Fner Lincoln Renwlek Zord r , , ~ . ~ h ~ ~ o g u e Richardson ZnlkI Gallen ~ . )pch Ryan Gad. Xanderlno saloorn meman. GeegeY Manmlller salvatore Speakc Ge'*n

N A Y S 4

NOT VOTING-32

A*hun Dumas Mclntyre Ruggiero

:z;,2Lm Fee ~ r k o n i c Shelton Glenson Perry Cstynoski

C+ssa Hammock Ravcns:ahl W n p n r ~ Cohen Kelly. J. B. ~ h o d r s walah. T. P. c,~, K ~ ~ P P P T nioger w i g i n s ,,:noneto KowaIyshm ~ i t t e v Wolrlnk Donbmwskl MeGraw Rau YIhner

The majority required by the constitution havine vote,

CALENDAR

NONPREFERRED APPROPRIATION BILLS ON THIRD CONSIDERATION

. . in the affirmative, the question was determined'in th affirmative.

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

LEGISLATIVE JOURNAbHOUSE - --

QUESTION OF PERSONAL PRIVILEGE I The SPEAKER. The Chair recognizes the gentleman

from Lancaster, Mr. Hill. For what purpose docs the gentleman rise?

Mr. HILL. I rise to a question of personal privilege. The SPEAKER. The gentleman will state it. Mr. HILL. Mr. Speaker, I was not recorded on Senate

hill No. 1594. I would like to have the record show that had I been in my seat, I would have voted in the affirmative.

The SPEAKER. The remarks of the gentleman will he spread upon the record.

NOT VOTING-25

Barber Hammock Rhodes U d y n o ~ k l Cohen KF!~Y. J. II. H~*ger Wagnir Cole Knepper Kosi Wa:,h. T. P . :7lDonato MeGraw Rug~iero .. . Wiggins 1)unras hlcintyre rialie Wojdak Ilnwcett CI'Brien Shelton Yahner Gleason

The majority required by the constitution having voted in the afCirmative, the question was determined in the affirmative.

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

I On the question, lepe. Will the House agree to the bill on third consideration? The SPEAKER. The gentleman will state it. Bill was agreed to. Mr. SHUMAN. I want the record to show that instead



An Act making an appropriation to the Beacon Lodge Camp for the Blind, Lewistown, Pennsylvania.

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


QUESTIONS OF PERSONAL PRIVILEGE The SPEAKER. The Chair recognizes the gentleman

from Franklin, Mr. Shuman. For what purpose does the gentleman rise?

Mr. SHUMAN. I rise to a ouestion of nersonal nrivi-

of voting "no" on Senate bill No. 1595, my vote should have been "yes."


Agreeable to the provision of the Constitution, the yeas The Chair recognizes the gentleman from Lancaster, and nays will now be taken. I Mr. Hill. For what purpose does the gentleman rise?

Rbrahun Gresry Manmlller K v ~ n Anderson. J. E. Geisler McCall Snlorm ,ZTt?um George MrClatrhp Salvatore Rellomlnl Giammareo McCue Scheaffer Rennet4 Crille~ple McGinnis SrhmlR Be-en Gillette McLme Srhweder Brrlln Gleewn Mebus Scirica nerson Goodman Menhorn Seltzer Rittle Green lr+lanovich Ehelhsmer nonetto G~eenfield Tlliller. M. E. ShnDnlk Erzdlej Grieco 1 1 , M E J . sirisnnl TImnner C.pln~ Mil l l~on Cmlth. R'

Perry P:.lin;ca r:~.?Sky Pitts Polite r r a t t Prcnd";east Tries fisl,p:;port "a."ns?ahl R r ~ d I: nninxer ?ma<ek airhardson River

S"""P'~ Stllrl Ptro l~ton stout Taddonio Tallnr Thomrr Toll Trello TllmeT va11crnti T:rw r,

~ ~

Whl-lan Willlams X'.ilsor milt. R w. Wilt. W. W . V . . ~ ~ , ~ O . " 'VTillht vn*.,, 7'11*0~~ Teller Zord Z.Wkl

Mr. HILL. I rise to a-question of personal privilege. I The SPEAKER. The eentleman will state it. Mr. HILL. On senateUbill No. 1595, I made a mistake

and voted the wrong way. I voted in the negative and I would have liked to have been voted in the affirmative.

The SPEAKER. The gentleman's remarks will be noted for the record.

The Chair recognizes the gentleman from Lancaster, Mr. Brandt. For what purpose does the gentleman rise?

Mr. BRANDT. I rise to a question of personal privilege.

The SPEAKER. The gentleman will state it. Mr. BRANDT. I vnted inadvertently on Senate bill

No, 1595 I would like to be recorded in the affirmative. The SPEAKER. The gentleman's remarks will be not-

ed for the record.



An Act making an appropriation to the Pittsburgh Branch of the Pennsylvania Association for the Blind, Inc., Pittsburgh, Pennsylvania.




I Agreeable to the provision of the Constitution, the yeas :er and nays will now he taken.

5710 LEGISLATIVE JOURNAG-HOUSE June 29,

I NOT VOTING-13

~ r t h u n G l a m m McIntyre SeheaiTer Barber Gillelplc McLane Behrmn

Mehus Schwedrr Bc1lomll)l Glllcttc BP- Ciaeon Monhom scmca Brrlln Goodman Milmovleh Seltror n-on Green M M E . mane RlttIe Gremfleld I , M E . S . She&-er Ponetto GPfeco Milliron Shelton Brunnrr Gtlns Miscevl~h Shupnik B m H a l v r m Mochlinann Sirirnnl Butern Hamllto~. I. H. M o d s Smlth, E.

smith. L. Csputo HRBL~Y Mrkonic Cerarar Raskell Mullcn Spencer CiandulU Hams. D. S. Mullen. M. P. -1 Clmm Hayes, S. E. Mudo stapleton Conell Repford Moen Stout Caarlord H o n b Novek Taddodo C u m h e r k d Hutchtnum. A. Noye Taylor navlea Hutchi-. W. O'Rrien lhomu DeMedlo Irvk O'Connell Toll DevRter Itkin O'Donrell R d l o C^UTeesc . : o h m . J . O'Keefe h l m e r nlEarlo Katz Oliver VsllcmtJ D id r Kellj. A. P. Pnnrosst Vrwn Dininnl Kelly. J . B. Parker. H. S. Ws-cz Dombmmkl de rnbk Perrl War60 DOIT Iiistler Perry Teidner Dorls KUngarnm Petrarea Westerberg Dreihelbb Kolter Pieveky Whelm Dumas Kowalyshm Pins wigglns E e k e n a a r l r K u s e Polite WilUams Englehmt WUron LaMarc. Pratt Fawcett Laudadlo P r ~ n d ~ r g a s t Wllt. A. W. Fee Laugh* WUt. W. W. Pylen Fbcher worrilow Ledern Rappaport Ffuhor Lchr Ravenstah1 WrIght m a h e r b Lettarman Reed Yohn Foatn. A. Lev1 R-hger Z u r t m Fmter. W. Lincoln Renwlek Zeller

Logue R l c h s r h Zord Freind Fnm Lmeh Rieaer Zli*l Ga l l . nh r Mmderlno Ritter Gallen ManmlUe RuggIgtera Tlneman. Gsrri . McCall RYU) Speaker G-J Mcclsteh,

NAYS-2 Brandt HUI

NOT VOTING-17

Bennett Oleason Rhoda Warn" nrrdlq Hammock Rm W&h. T. r. Coher K ~ C P P B S h r m Waldak Cole nleGraw Cetynoski Ynhner niDonato

The majority required by the constitution having voted in the affirmative, the question was determined in the affirmative.


QUESTION OF PERSONAL PRIVILEGE





YEAS-190

Abraham Gnllen Mannliller Ryan Ander- I. A. Garda MeCnll S.loom Arthurs C.eose)r MeCLstchy SLlv.tore Barber Gelder Mecue Schcaffer Bellomlnt George MeGinnfr Schmltt Bennett Giammareo McIntyre Schweder Beren Gllleapie McLane Seirlca Berlin Gillette Mebus Seltzer Berson Gleeson Menhorn Shme Blffle Goodmur Milanovtch Shelhimsr Bonetto G m Miller. M. E. Shelion Bradley Greenfield Miller, M. E.. Jr. Sh-n Brandt Grfem MlUiron ahupnlk Brunncr Gnng Wacevlch sin-l B u m Rslver~on Moehlmann Smlth, E. Butera 15amlltrm. J. H. hlonls Smth . L. Caputo Hasay Mrkonlc Spencer Cesnr Haakell Mullen 8 W CianduUI Hayes. D. 8. Mullen, M. P. Stapleton C M n l Hayes. S. E. M u t o Stout Cowell Hepford Myers Taddonlo CTswford HiU N o v a Tarlor Cumherund Hopklna Noye Thomas DaYies IIutchimon. A. O'Brien Toll DeMedlo Hutchinson. W. WConnell Trsll.3 Deverter M s O'Donnell Turner DeW-e Itkln O'Keefe VsUrrntl D i m l o Johnson. J. Oliver Vman DlDaaata Kntz Panmast Wansaez Met, Kelly. A. P. Parker. H. S. Wargo Dlntnat Kelly, J. B. Perri Wddner D o m h r o d Kemlck I==-Y Weaterberg DOR' Klstler PetIarca Whelan Doyle Kllngunm Pievsky Wfgglns Dreibelbf. Kolter Fltrr Willlams Dumas ECowalyahm Polite Wllaon EekenaberE.r Kuue Pratt Wilt. R. W. Eng!ehart LaMarc. Pr~ndergast Wilt, W. W. Fnweett Laudadlo Pyles W o ~ l o w Fee Laughlln Rappaport Wrlght Fisrhar 1.rderu Ravenstnhl Yohn Finher Lehr Reed Zcul0.s mahertr Letterman Renninger Zcller

pzg:&, Levt Renwlek ZQrd Llneoln Rlehardson M k l

Frelnd hzue Ritter Lmch R m m c m s n . Manderlno RuggIero SpenRc?

NAYS-0

The SPEAKER. The Chair recognizes the gentleman from Mercer, Mr. Bennett. For what purpose does the gentleman rise?

Mr. BENNETT. I rise to a question of personal privilege.

The SPEAKER. The gentleman will state it. Mr. BENNETT. Mr. Speaker, I was temporarily out

of my seat when Senate bill No. 1596 was called. Had I been in my seat, I would have voted in the affirmative.

The SPEAKER. The remarks of the gentleman will be spread upon the record.

Agreeable to order. - The House proceeded to third consideration of Senate


An Act making an appropriatipn to the Center for th€ Blind, Philadelphia, Pemylvanla .

Cohen Knepper Riegcr Walsh. T. P Cole ~MeGraw Ud~noek i Wojdak Glea~on Rhodea Wagner Y.hnsr Hammock



Agreeable to order, The I~~,LLFC proceeded to third consideratian o! Srnstr

bill So. 1600. printer's No. 2018. entitled:

An Act making an appropriation the Museum of the Philadelphia Civic Center. Philadelphia. l'ennsyl\.anra, for maintenance and the purchase of apparatus, suppl~es and equipment.

On the question,

1976. LEGISLATIVE J O U R N A L H O U S E 571 1

Anderson. J. & Am- Rapher

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 passazc.



brliomvlr i3ennen Beren Berlin nelson Rittls ROnettO Brandt

Bill was agreed to.




YEAS-170

Csr-r CianciulU Cirnlnl Cohen cvwell Crswiord Ctmberland Daviea DeMedIo DeWeese Dicarlo I>iDonab Dietz Uintolll nombrowdll ooyle !lrelbelbl# 3umas Enplehart Fawcett Fee Flscher Fisher Fizherty r'cister. A. r,,stcr. W. "rcind -ellagher

Garda Manmillex Geesey AleCall Ceisler IYIcCIatchy George McGinnls Gtammarco McIntyre Gil!espie McLvne GiUette meb bus Gieeson Menboin r.o<~Ime,n Milanovioh Greenrield Miller, M. E. ~ r i e e o nliller. M E.. Jr. Gring Milliron Hamilton. 3. IL lrloehlmann . - Hasay Morris iIzikeU Mullen Hayes. D. 8. Mulirn, M. P. H r ~ f o r d M u t o rriii Myers Hopkins Novak Itutehinson, A. O'Brien Hutchinson. W. O'Connell IrYIs O'DonneU Itkin O'Keefe Joht l s~n. J. Oliver Katz Pmcoact Iic,lly, A. P. Parker. 11. S. "e!!y, J. B. P e m Kenlick P e m liistl;; ~ e t r i r c n Kolter Piewjky linwalyrhyn Pitts KUS* PoUte J,aMar~p b n t t Laudadlo Prrndergast Lauqhlln Pyles Lederer Rappaport Lehr Ravenstah1 Jiettermm Reed Ixvl Renninger Linenln Ren~nck Lowe Richardson Lyrieh Rieger Mandrrlno Rltter

ROSS Ruggiero Ryan Salvatore Schmitt Schwrder Sciricn Seliier Shane SheL*arner Shelton Shupnih Sir~anni Srnth. E. Spencer stall1 Stapleton stout Tadrlonio Thomas Toll TreUo Turner Vroon Wmaaez U7arg0 Weidner Westerberg Whelm wigelns Wllliams WIIEOD Wllt, n. w. Wilt. W. W. Womlow Wright Yohn Zrariosr Zord zmL1

Abraham A n d e m . J . Arthvra R a r b a Be?lomlnl Bennett Beren Berun Rerson Blttle Ronetto Bradley Brbndt Brunnu B m a Iiutera caputo Ceasar Cianciulli Cirninl Cohen cowcu

PlcarIo DiDonato nininni DornbruMtl Doyle Drelbelbll Dumas Engleharl Favreetl Fee Fischer kinher Flahertl Fwter. W. Prcind

Garria MeCall Gerrey MeClntchy Gelsler McClne George McIntme Giainmareo MeLane Giilea~ic Mebus Gillette Menhorn Gleeson Mllanavirh Goodman MlUer, M. E. Green MI11er. M. E., Jr. GrcenReld Mililllron Griero Ml-evich Grlng Moehlmsnn Halversun M o m s Hamilton. J. R. Mrkonlc Hasay Mullen Haskell Mullen. M. P. Flayea. D. S. Murto Hepford Novak EIill O'Btien fiopW,lr O'Connell Hotehlnson. A. O'Donnell IIutChlmo~~. W. O'Keefe Irvls Pancoast Itkin Parker. H. S. Johnson. I. P e m Katz PP179 Kelly. A. P. Petraree Kelly. 3. B. P i e v ~ k y Kernlck Plttr Kistlsr Polltr: Kolter P l a t Kowalyshyn Prendergast Kuse Pylw Laudadlo Rappapolt Lnuqhm Ravenstahl L e d ~ r e r Reed k b r Rennlnger Lincoln Ilenalck Logue Rlcharhwn Lynch Rirxer Manrlertno neter Manrnlller R m

NAYS-17

Ruggiero Ryan Srloom

Shelton Shupnlk Sirlsnnl Smith. E. Srnlth. L. SpeneeF Stahl Stapleton stout Taddonlo Taylor Thonran Toll Trello VaUerntl Vrwn Wanaacr wargo WeldnPr westerberg Whelan Wieeins Willlams Wilaon Wilt. R. W. Worrlloa Wright Yohn Zearloaa Zord zmw mnemen,

Speaker

- . - . - - . --. - . - . n the affirmative, the question was determined-in the I Ordered. That the clerk return the same to the Senate

NAYS-21 4bmaharn Gallen McCue Shumsn Bradley Green Mircevich Smith. L. 3everter Halverson Noye Taylor >om Hayes, S. E. Saloom Vaueenti Zckensbergu Klingaman Schenffrr Zener m r

NOT VOTING-12 :ole Knepper Rhades Walrh. T. P :lemon MeGraw UsynoaL: Wojdak Jammock Mrkonic Wlpller Yahner

The majority required by the constitution having voted

~ffirmative. with information that the House has passed the same Ordered, That the clerk return the same to the Senatr withou+ amendment.

vith information that the House has vassed the same

~ a v ~ e d Foster. A. Levl Schmttt Deverter Gallen McGlnnW Shum.la Dletz Ilayea. S.E. Noye Turner Dom Klingarnen Scheaffer ZeUcr eckrnrberger

NOT VOTING-16

Cole InMar- Oliver Wslsb. T. P. ~ l e a ~ o n Letternan Rhodm Wilt. W. W. Hammwk McGrnw ZTstynorlrt Wojdak Kneprnr Myers Wagner Yahner

The majority required by the constitution having voted in the affirmative, the question way determined in the .rfirml+ive

-" An Act making an appropriation to the Trustees of the

Iuhl Planetarium and Institute of Popular Science, Pitts- On the question, purgh, Pennsylvania. Will the House agree to the bill on third consideration?

/ Bill was agreed to. On the ouestion.

vithout amendment.


lill No. 1602, printer's No. 2020, entitled:

Will the House agree to the bill on third cqnsideration? ; The SPEAKER. This bill has been considered on three


hill No. 1601, printer's No. 2019, entitled:

An Act making an appropriation to the Johnson School of Technoloev of Scranton. Pennsvlvania.

57 12 LEGISLATIVE J O U R N A L H O U S E June 29,

different days and agreed to and is now on final passage. Agreeable to the provision of the Constitution, the yeas The question is, shall the bill pass finally? I and nays will now be taken.

Giammareo MeIntyre Rugplero Gillesgie M a n e Ryan Gilletk Mebus Snlvatore Gleeson Menhorn Schorffer Goodman Mil.novlch Schwede~ Greenfield Miller. M. E. S M u c l i n o Miller. M. E.. Jr. Saltcar


YEAS-178

Abraham Andemon. J. B. A r m u s

Abraham Andenon. L 8. ~ r t h m

Rver Lin~olll Hitter Barber Bellomini Bennett Berm BcrUn BersC~n Bittle Bonetto Brmdt Brunner Burns Butera CPPUtO CC-T CiandulU Cahen Cowen Crawlord Davles DeMedlo DeWeese Dieat30 DlDonato D,nlm,l

Ross RugElero Ryan Salvatore ScheaKer Schwcdcr Sdrica Selt-r 8b. Shelhamer Shclton Shupnik siriaMf Smltb, E. SDcnau Stab1 Stapleton stout Taddoclo Taylor momsa Toll Rel lo Tuner Vallwntl Vroon Wansacz wnrso Weldner W&rberR mclaa WIgglns Williams Wilsaii Wllt. R. W. WorIllow

?St z.ulol r n d zwm

Barber Bellormnl Bennett Beren Berun Bar- Blttl. B0.m Bradl" Brandt BNIII1el' B-8 Butera Caputo Ce- CianciulU cim1nI Cohen cowell mawlord Cumberland

HaIver~on ~ i l ~ r d n Sham. Hamilton. .I. R. Mireevich Shelhamer . . . - -. . .

MeClatchy McGtnnI~ Mclntyre MeLane Mebus Msnhmn Milanovfch Miller, M. E. Miller, M. E., Milliron

~ ~~

Iieskell Moeblmenn S h u p ~ Hayes. D. S. Morris Sirt.nnl Hepford Mullen. M. P. Smlth. E. Rill Mullen Soeneer

Gimmmarm Gillerpla Gillatte Gleeeon Goodmi)" Green Greenfield GrieM

~Gkins Musto ~ i P h l Xutd>inson, A. Myers Stapletan Hutchinson, W. Novsk Stout Irvls O'Brlen T.ddodo Itkin O'Connell ToU Johnson. J. O'Domell Trello

Jr. --..~- Halve-n Hamilton. 3. 8. Hasay Haskell Hayes. D. 8. Hayes. S . 1. Hepford Hlli

Kstz Oliver Vllleentl Kelly. A. P. Pancoast Wansaer ! I 1 . B. Parker. H. S. Wargo ICernIek Perri Westerberg ~ i c t l e r ~ ~ r r v Whelan

Morris Mullen Muilm. M. P Must0 Novak O'Bric" O'Connell O'Donnell O'Kede panc0a.I Parker, H. S. Perrl Perry Petrnrea PIevsky PiW pout.3 Pratt Prendcraart Pyles RapDaPO* Ravenstnhl Reed Renninger Renwlek Richardwn Rfeger

. -. . . . - - Kolter PetTsl'c~ Wiggins Kowsl~ahyn Pievsky Willlams Laudadlo PoUte WUron I.aughUn Prstt Wllt. R. W. Lederer Prendergast WOmllow Letterman Prles Wrillht Lincoln Rappaport Yohn Lome Ravemtahl Zoarl- Lynch Reed Zord Manderlno Rennlnaer Zlatkl Manmiller Richardson McCsll Rieger beman. MeCIatchy llltter Speakel

Dornbrowsh Doyle Drefbelbla Dumas

HopHrm Hutch1nm.A. Hutchinson. W. 1N-l. Itkin Soh-. J. Katz Kelly. A. P. Kelly. J. B. Kermck Ki~tltler

Enplehart Fawcen Pee Fisher Flaherty h e l n d Gellagher Gnrd.

Dlnlnni Dombmrskl Doyle Dreihelbla Dumas Enalehut Fawcett Fee Flseha' Fisher Flaherh Foster, A. Foster. W. Freind

~ -

Kungamsn Kolter K o w ~ l n h m Kusse Inudadto L~usb l ln

NAYS-38

Pryer Lehr Shurnan Gallm Levi Smlth. L. Gcesey MeCue Taylor George Noye nko- Green O'Keeie nYnu Grleco PIW V- Hasay RuiwIek Weidner Hayes, S. E. Snlwm WLlt W. W. Klingman Schmitt Wler Kusse

Lederer Lehr Letterman Levl :.(.

NAYS--8 Noje Sehmitt Smim. L Saloom Shuman ?.ell"

Bradley CiminI C u m b e r h d Deverter Dietz DO^ Eekensbugn Fischer parter. A. roster. W.

NOT VOTING-14 Cole (ileason Hammock Knepper

NOT VOTING-17 LaMar~a Shelton Wllah. T. P. MeGraw Ushmodcl WoJdak Mrkodc Wsgnel. Ylhnel Rhodcs

LaMares Oliver W&h. T. P. McGraw Rhodes Wllt. W. W. Mrkonlc U 8 t m a M Wojdnk Myers Wiener Yabner

Cole Eekensberge Gleason Hammock KneDner I The major ity required by the constitution having votec . -



Agreeable to order, The House vroceeded to third consideration of Senate

in the affirmative, the question was determined in the affirmative.


I Agreeable to order.

I he House proceeded to third consideration of Senat: bill No. 1604, printer's No. 2022, entitled:

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

The question is, shall the bill pass finally? I The question is, shall the bill pass finally?

bill No. 1603, brinter's No. 2021, entitled:

An Act making appropriations to the Philadelphia Col- lege of Art, Philadelphia, Pennsylvama.

On the question,

An Act making an appropriation to the Philadelphh Musical Academy, Philadelphia, Pennsylvania, for main. tenance and general operation.

On the q u e s t i o ~

will the H~~~~ agree to the bill on third Will the House agree to the bill on third consideration'

Bill was agreed to. I Bill was agreed to.

The SPEAKER. The gentleman will state it. The majority required by the constitution having voted Mr. DeWEESE. Mr. Speaker, on Senate bill No. 1604, in the afflrmative, the question was determined in the

n y switch was locked out. I would like to be recorded affirmative. n the affirmative. Ordered, That the clerk return the same to the Senate

The SPEAKER. The gentleman's remarks will he notwith information that the House has passed the same :d for the record. without amendment.

Agreeable to order, 1 Agreeable to order,

57 14 LEGISLATIVE JOURNAG--HOUSE June 29,

The House proceeded to third consideration of Senate An Act making an appropriation to the Pennsylvania bill No. 1606, printer's No. 2024, entitled: Academy of the Fine Arts of Philadelphia, Pennsylvania.

An Act making a n appropriation to the Division of On the question, Education of the Philadelphia Museum of Art, Philadel- Will the House agree to the bill on third consideration? phia, Pennsylvania. Bill was agreed to.

-~ ~ . ~ . . ~ ~ Goodman Mlller. M. E. Greenfield mlier. M. E.. Jr. Gring Mllliron HRlvenDn Mldtscevlch EIamllton. J. H. Moehlrnann Haskcll Morrls

On the question, Will the House agree to the bill on third consideration? B111 was agreed to.



Hayes. D. S. iirkinie Hepford Mullen Hlii Mullen. M. P. Kopklns Must0 IIutchlnson, A. Myers Hutehtnson. W. Novsiir

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


Agreeable to the provision of the Constitution, the yeas and nays will now be taken,

I d s No ye Itkln O'Brien Johnson. 1. O'ConneU Katz O'Donnell Kelly. A. P. Oliver Kelly. J. B. Pancoast Kernlck Parker. H. S Klstler em Kolter Perry Kowalyahm PetrKca LaMarca P i e v s k ~

Ftm% Rusoero Ryan Salvatore Schenffer Sehweder S ~ T I C . Seltrrr Shane Shelhan~er Shelton Shupnlk Slnmnl Smith. E. Spencer stahl Stapleton stovt Taddonlo Taylor Tho",*, Toll VaUeenn w-IEZ w u g u Westerberg Whllan Wiggins Willlamr W i b n WUt. R. W. Wilt. w W Wornlow W-ht Yohn ~~ Zord

lineman. Opeaker

N A Y S 4 4 Brsdlel Foster, W. Lehr Smith. L. Cimlnf Dyer Lev1 Taylor Cowell Gellrn McCue Thomas Cumberland Geerjey Mrkonic TreUo Devertu George O'Donnell Turner Dletz Green Renrvlek Vroon Dom G d e m saloom Weldner Dreibelbh Hasay Scheaffer Whelan E ~ k e m b t l g ~ Hayes. S. I. scnmitt Wllt, W. W. Ftscher Kllngamnn Shuman Zeller Foste?, A. K w e Smith, E. Zord

NOT VOTING-12 Cole Hemmock McGraw Walsh. T. P. Crawtord Knepper Ustynorkl Wojdsli GlekWll LsMarc~ Wagner Yahner




bill No. 1608, p ~ t e r ' s No. 2026, entitled:

N A Y S 3 4 Bndlr? myer K u ~ e S h m m Clmlnl Gallen Lehr Smlth. L. Cumberland Geaaey Levl h e l l o Devertor George MeCue Tumu Dorr Green O'Keefe Vmon Eckeonbsrpr Grleeo Renwick W d d n u Fiacher m a r Snloom W Fa,tcr. A. ~ s g e s , S.I. ~ c h m l t t Zni*l roster. W. KUllgamln

NOT VOTING-10 tole Kneppsr waener woldak Gleasao MEG~LW Vlalnh. T. P. Ylhner Hammock Uetynoskl

The majority required by the constitution having votec in the affirmative, the question was determined in the affirmative,

ordered, ~ h ~ t the clerk return the same to the Senatr with information that the House has passed the samc without amendment,

Agreeable to order, The House proceeded to third consideration of Senatt

bill No. 1609, printer's No. 2027, entitled: An Act making an appropriation to the Carnegie Mu-

1976. LEGISLATIVE

seum at Pittsburgh, Pennsylvania, for maintenance and the purchase of apparatus, supplies and equipment.

On the question, Will the House agree to the bill on third consideration? Bill w,ls agreed to.




YEAS-166 Abr.h"n Gelsler McLane Sploom Ande- S. & Glammueo Mebus SPIvatore Arthun Gill@e M d o m S c h e d e r B s r b n ~ i u e t t e Wlmovlch Schweder ~tuom(n( cleeaon mliu', M. E. SWE. B e n n m Goodrmn Mlner. M. E.. Jr. Seltzer B- Green Mllkol) Sham Berlln Creedsld Mlseevich Shelhamer Bemm Gneeo ~ o e h l m - Sheltrm BIttla GrisB Moms Shupnik Ronend lialv- Mrkonlo Slrl& B r a d l y Hamtlton, I. E Mullen. M. P. Smlth, E. Brandt IIaskeU MuUen Smth. L. H-ee iiayes, D. 11. Muato S p a c e r ~ u n m ~ e p t m d Myem stahl B u t e n Hill Novnk St.pl.tm o p u t 0 Hopklm NO ye s tout C- FiuteNmon. A. Ogrla Taddolllo "ianciulu Iiutchi- W. O ' C o m Taylor Cahep I d O'DomdI Thornul Colaell I* O'Kede Toll cr.ariom ~ o h r ~ a q s . ouver RSUO CmbuL.nd K.tz Paneoaat Vnlleentl Dnvta Kelly. A. P. ~ r r k e r . H. 5. V- DeMedllo Kelly. J. B. Perri W-ez DeWeese Kemlck Perry W u e o D l w l o Kolter Petrare. Wtldnor DIDonstO Kowslgshm Plevsky Wwterberg Dlnl2"ll LaM- Pith Whelm Uarnbro.nLI Laudadlo Pullte Wiggins Drclbdbu Laughlln Pmt t Williams Doyh Lederer Prender#ut Wilson >"mas I.ette- Wllt. R. W. Englehul Llnmln Wllt. W. W.

R.ppapO* wo*10w Faw& Lome Ravenstah1 IW Lynch Reed Wright lrtsher Mandulno Rhodc. Yohn

ManmUle Rlchardsnn ZFarfoss Y Z W . MeCll l Rieger Zord 'reind McClat&~r R o . ~ Salhghr McCue Rusglero Flnemm. :arrh McIntnm RYPn

NAYS-25 :hnir.l KUngunm Ritter > e v e Gall- KuJse Sehmltt >let, G-J Lehr Shum~n >om Georxs Led Turmer !ck-.b.rn Haray McGinnt. &k YsEha Hayes, 8.2. Rcnarlck Zmkl Patu. A.

NOT VOTING-12 :01. Kirtler Renninrrer Wllah. T. P, :I- K m P P U U s t y n o d d Wojdr* IammocL MeGraw Warner Yahnu

The majority required by the constitution having voted n the affirmative, the question was determined in the ffirmative. Ordered, That the clerk return the same to the Senate

vith information that the House has passed the same rithout amendment.

QUESTION OF PERSONAL PRIVILEGE The SPEAKER. The Chair recognizes the gentleman

?om Bucks, Mr. Renninger. For what purpose does the entleman rise? l

J O U R N A L H O U S E 5715

Mr. RENNINGER. I rise to a question of personal privilege.

The SPEAKER. The gentleman will state it. Mr. RENNINGER. I would like to he recorded as vot-

ing "aye" on the last vote, on Senate bill No. 1609. The SPEAKER. The gentleman's remarks will be not-

ed for the record.


bill No. 1611, NO. 2029, entitled:

An Act making a n appropriation to the Trustees of the Berean Training and Industrial School a t Philadel- phia, Pennsylvania.





YEAS-I77 Abrahnm GCOB~Y McClatchy Ryan hnde-. I. H Geislu McGinols Saloom Arthum George McIntyre Salvatore Barber Giamrnareo McLane Scheaffer Bellorn1lll Giilesple Mebus S C ~ W ~ ~ C I Bennett GlUette Menhorn Scirics Beren Gleeson hlilanovl~h seltzer Berlin Goodman Miller. M. E. shane nemon Green M i l l e ~ M. E.. sr. shelhamer lllttle Greenfield Mllliron Shupnik Bonetto GNeco Miscevleh Sirlanni Bradley Grlng M~chirnann smith. E. Brandt Halvemon Morris Smfth, L. f i r m e r l[arnilton, J. E. Mrkonlc Spencer B u m H a s k a Mullen, M. P. stahl Butera Hayes. D. S. Mullen Stapleton Caputo tlsyes, S , E. Nusto Stout Cease Hepfvrd Myers CianduU Hill

Tsddonio Novak

Cirnlnl Hopklm Taylor

O'Brien Cohen Hutchinson. A. O'Connell Toll

Thomas

Cowell Hutchinson. W. O'Domell Crawford I ~ i s 0 Keefe

R e n o Turner

Curnbe rhd Itkin Oliver Davles Johnson. I. Pancoast

V z I l l ~ ~ l t l

DeMedlo Katz Vroon

Parker. H. s wansacr 3evertu Kelly. A. P. Perri DeWeese Kelly. J. B. Perry

w e g o

Dlearlo Kemiek Weidurr

Fetral.ea DlDonato Klstler

Westerbere Pievsky

Dininnl Kolter Pitta Wig@"=

DornbmrnLl Kowalyshm Polite Williams

Doyle Kusse Wilaon

P r ~ t t Dreibelbls

Wilt. R. w. L a M m a

Dumas Prendergad wut. W. W.

Laudadlo Pyles Worrilow Ecl<ensber#= Laughlln Rappaport Wright Englekrm Lederer Eavenstahl y o b Faween Letterman Rced Fee Lev1 Renningcr

Zearfoss

Flnher Lincoln Renwlck Zeller zord

Flahertl Logue Rhodm Zalkl Foster. W. Lynch R i c h z d ~ o n zz:hm nlandenno IUeger fieman.

lblanmiller ROS Spteker Garma Mecall Rugglem

NAYS-15 Dietz Fwer ~ e h r Schmftl Uorr Gnilen McCue Shuman Fisrher l i a ~ a y Noye Whelan

A' ii!ing.,man Hitter

NOT VOTING-I1 Knepper ilst~nofiki Wojdek McGmw Wagner Yahner

Iinmrnmk Shelton W&h. T. P.






An Act making an appropriation to the Williamson Free School of Mechanical Trades in Delaware County, Penn- sylvania.




Agreeable to the provision of the Constitution, the yens and nays will now be taken.





An Act making an appropriation to the Franklin Insti- tute of the State of Pennsylvania at Philadelphia, Penn- sylvania.

On the question, Will the House agree to the bill on third consideration? Mr. LINCOLN requested and obtained unanimous con-

sent to offer the following amendment, which was read:

Amend Sec. 1, page 1, line 5, by striking out "$400,000," and inserting: $316,000,

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

The SPEAKER. The Chair recoenizes the eentleman ~- --- ~~

YEAS-185 irom Fayette, Mr. Lincoln.

Abraham Gallen Mandemo nuggkro Mr. LINCOLN. Thank you, Mr. Speaker.

i \n~srann J. R. riarzia Manmillor R~~~ Mr. Speaker, I rise at this time to amend a nonpreferred .. - -~ .- .. "... Arthura Grewy McCaU Saloom Barbel' Geisler MeClatchy Salvatore Bello& George McGlnnls ScheaRer Bennett r,ianunarco McIntyre Schweder Beren Gillesple McLane S M c a Rerlln Gillette Mebus Seltzer Berson Gleeson Menhorn Shane Bittle Goodman MiiirnoYiCh Shelhamei Bonetto Grven Miller. M. E. Shelton Rradlev Greenfield Wller. M. E.. Jr. Shuonik

Grieco Milliron s l r l i n i i Gring MisceviCh Smith, E. HaI~erson Muehlmann Smith, L. Harmlton, J. 8. Iilorris Spencer Hasay Mrkonic Stahi HvskeU Mullen Stapleton Hayes. D. 8. MuUen. M. P. Stout Aayes. S.E. Musto Taddon10 Henford Mvem Tavlor

bill on the calendar. Prior to doing that, I would like tc read from my Webster's Dictionary to the other members the definition for the type of legislation that we have been acting upon very rapidly here in the last 5 minutes.

According to Webster, the word "non" means "not." I1 also has further definitions of "unimportant: worthless: of little or no consenuence." The word referre red." ac- - - ~ ~ - - ~- , ~~

cording to the dictionary, means that something is giver preference or is brought forth before something else.

So what we have been voting on is legislation which is considered not important, not preferred and, if you want t c go literally by the dictionary definition, it would be "worthless" and "unimportant."

u~nllrni D o m b r o d Dorr Doyle Drelhelbh Dumas E c k e n a b u l v Englehut Fawetti Fee Nsher F I a h v h Foster. W.

- - ~ - ~ - "~ ~

Cowell HiU N o v a ~hbmits Hopkins O'Brlen Toll Crawford

Cumoerlnnd Hutchinson, A. O'Connell Trello Davies Hutchlns011, W. O'Domell Turner DeMedlo Irvis O'Keefe Valicenti nruertrr ~ t k m oilver vroon

Johnson. J. Katz Kelly, A. P. Kelb . J. B.

I think that there are very few of us on the floor o. the House today who would agree that the strict definition should be applied to this legislation, because there i: value in it, but I think the one thing we should rememhei

~ernfek

Klingarma Kolter Kuwaigshyn KUme LaMarea Laudadlo LaughUn Lederer Lehr Lettcrmm Levi Lincoln IIORUe Lynch

Pancoast Wansaez t'arher. a. s . Wargo Perri Weidner Perm Westerberg 1)etriree Pievsky Pitts polite Pratt Prendergast Pgles Rappaport Ranenstahi Reed llenninger Renwlck Rhodes Elehuason llieger Ross

Whelan Wiggins Williams Wilson w u t , n. w. Wilt, w. W. wornlow Wright Yohn

NAYS-8

Fischer McCue R l t t u Shumali Foster, A. Noye Scnmitt Zwiki

NOT VOTING-10

Cole Knrpper Warner Wojdak GIeBEOn MCGTB'R Walsh. T. P . Yshner Hammock Ustrnoskl

The majority required by the constitution having v o t ~

is that there are other appropriations which we must makt that are mandated or have conslitutiooal mandates ir thpm. One of these things is the fundinr of local schoo - ~ - - ~ ~ ~ ~ . - ~ ~ ~ ~ - districts.

I propose, in this amendment, to take 6 percent awa? from the Franklin Institute located in Philadelphia. Then are so many nonpreferred appropriations, it is easy to ge confused. The 6 percent will remain in the general fund hopefully, to be there whenever we pass some type o legislation which would guarantee the local school district no loss of funds from last year. I t would not give then any additional money; it would just guarantee that the: remain at the same level of funding as last year.

We have had a loss in over 200 school districts through out the state because of an increased market value whicl brought about a decrease in the subsidy percentages give] back to the local school districts, and, in some cases, decrease in student population, which would only be 5 or 75 students and would not be great enough to mak appreciable changes iil the class sizes but would affec the revenue coming hack from the state.

I What I am asking you to do on this floor today is t , make a decision as to whether we should fund program


do that, thfn you will be saying, in effect, that we should clude allow the students a t colleges and other facilities which 1 The - SPEAKER. The Chair would request the gentle-

which we mandate and not ask the local taxpayer, the property owner, to increase his payments so that a mandated Drogram can be carried on. If you prefer not to

Can you briefly summarize the other nonpreferred bills which would be amended as a part of your total package, Mr. Speaker? For instance, would it or would it not in-

we are giving nonpreferred money to, to benefit at the expense of the local taxpayer.

I do not believe a 6-percent reduction is asking too much or is taking too much. I have 17 of these bills to amend. The total will be $16% million, if I am successful in my efforts.

I would appreciate a "yes" vote on this particular amendment.

that the members oppose the amendments offered by IVIr. The SPEAKER. The Chair recognizes the gentleman, Lincoln. I Mr. Lincoln.

man to rephrase the question so that the response is directed to the bill that is directly in front of the House at the moment. The question before the House is on the matter of the amendment offered by the gentleman to Senate bill No. 1607.

Mr. COWELL. Mr. Speaker, if this amendment, if adopted, is to have the impact that Mr. Lincoln suggested, and that is, providing some $16 million so that we could

The SPEAKER. The Chair recognize the gentleman from Mercer, Mr. Bennett.

Mr. BENNETT. Mr. Speaker, I rise in opposition to the amendment offered by my Colleague, Mr. Lincoln, to take rnoney away from the Franklin Institute. Mr. Speaker. this institute is important. I t is important not just to the people of Philadelphia; it is important to all of the people of Pennsylvania and to the literally hundreds of thou- sands of visitors who are going to he coming to this state.

I am sure that those members of this body who happened to have been in Philadelphia for the legislative scs- sion that was held recently at Independence Mall and who visited the Franklin Institute that afternoon and evening were as impressed as I was with the fantastic work that is being done by this institute.

Mr. Speaker, I think it would be a shame, really, at this time, this very important time in our history, if this money were taken from the institute, and I would ask

provide, hopefully, those funds for local school districts, amending this particular bill alone would not &ve us those funds. I t would take several other amendments to several other appropriations, I was hoping, therefore, that M ~ . Lincoln could briefly summarize the other facets or the other parts of his total package, even though to consider this alone at this point might he the thing to do to keep within strict parliamentary procedure.

~ h , SPEAKER, F~~ the gentleman,s information, there are l2 .the,. bills approximately that M,., ~ i ~ ~ ~ l ~ inlends to try and amend by reducing the amount of the appropriation in order to make up the $16 nlillion,

COWELL, Let me rephrase it one other way then, 1, a part of your total Speaker, amendments to the appropriations of the University of the University of Pennsylvania, and Penn State?

LINCOLN, Yes, Mr. Speaker, M ~ . COWELL. ~ h ~ ~ k you.


Mr. IRVIS. Mr. Speaker, while I sympathize with the iiscal position of the gentleman, Mr. Lincoln, and I under- itand the problems of the schools, I must oppose his amendment and any of his amendments to the nonpreferreds, and I base my opposition on the fact that the study of the technicians over a period of 8 months is superior lo my knowledge of the appropriations. They assure me ihat the money has been proportionately distributed. rhey have given me rationale behind every appropriation. I believe their rationale.

The Franklin Institute has lost over $375,000 of local revenue sources; the attendance is down. The reason for ;he $100,000 increase in this particular bill to Franklin [nstitute is in order to maintain that splendid institution.

I ask that the Of the be in the nega- ;ive on this amendment.

Mr. LINCOLN. One last remark, Mr. Speaker: In response to Mr. Bennett's and Mr. Irvis' remarks. I agree totally that these are important institutions that we are going to subsidize with state money, hut I also want to emphasize that they are not state owned, They are not preferred subsidies. They may have or may not have problems financially. There are a lot of things in Pennsyl- vania that are having troubles financially,

When we went through the budget, the general appropriation bill, a couple of months ago, we found out that there are no sacred cows.

Why should we be asked to fund these nonpreferreds with very little consideration? They were put on our calendar last Thursday, They are being run today so quickly that it is hard to This is a lot of money. There is $280 million in these bills. That is a lot of money. We could have used that $280 million in the GA bill, We would have had a lot of people who would not have been crying for money at this time. Consider that

The SPEAKER. The Chair recognizes the gentleman irom Allegheny, Mr. Cowell.

Mr. COWELL. Thank you, Mr. Speaker. Would Mr. Lincoln consent to one question, please? The SPEAKER. Will the gentleman, Mr. Lincoln, con-

:cnt tn interroeation?

his particular hill or this particular amendment is an agree with the majority leader that there are probably mportant part. !no better ways in which we could spend money than

before You vote. This money, this $16% million, is going to be used in

the state to help operate the state school systems. I hope that you will agree with me that that is more important than giving that extra $24,000 to the Franklin Institute.

Thank sou. . - - - . . . -. . . . . Mr. LINCOLN. Yes, Mr. Speaker. The SPEAKER. The gentleman may proceed. Mr. COWELL. Mr. Speaker, if the Chair will give me

iust a little hit of latitude, I would like to get a better :eel for the ramifications of this total ~ a c k a g e of which

The SPEAKER. The Chair recognizes the gentleman from Bucks, Mr. Burns.

Mr. BURNS. Mr. Speaker, I just want to rise to support Mr. Lincoln's stance on this particular issue. I must

57 18 LEGISLATIVE J O U R N A L H O U S E June 29,

MeGinnls Rltter M c I n t m Raw

NOT VOTING-13

for institutes of higher learning like Penn State, Temple or, in this case, the Franklin Institute. They are great educational, cultural institutes. But I submit to you that the taxpayers back in Bucks County and 200-and-some other school districts throughout this state are facing increased millages because of factors that they are not able to control. Those factors are the increases in property values brought about by the spiraling inflation that we have upon us today.

question was determined in dment was not agreed to.

G a d a Gei'ler

cOle

=onof*

So the the amen

the negative and

even when you take that into consideration, people are The SPEAKER. This bill has been considered on three being taxed 20, 25, 30, 35 additional mills to support re- I different davs and agreed to and is now on final oassaee.

I contend that i t is more important to take $16 million and put it into basic education and restore some of the programs that are being cut throughout the Common- wealth because of the loss of funds. And even with that,

-. ~~ -~ duced programs. The question is, Shall the bill pass finally?

We put a lot of things on the school districts and yet we are not willing to reallv fund them. This is Mr. Lin- Agreeable to the provision of the Constitution, the yeas

On the question Will the House agree to the bill on third consideration?

was a*eed to'

coln's point, and-1 think that in this area and time of and nays will now be taken. tight budgets we have to look at some of these nonpreferreds and say. fellows. we know your cause is good, but

Y!2&182

Shupnlk Srmth. E. Smith, I.. Spencer Stah1

- . - ~

you are going to have to wait. We should put the money where it really belongs-into the basic education programs. Thank you.

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

The yeas and nays were required by Messrs. LINCOLN and BENNETT and were as follows:

Berlfn Blttle Brandt B W C i m m Crawford

G e w y M B ~ ~ I I C T Rftter And-n. J. 1L W c r McCall -,,,., R o u

G m g e MeClntchy Ruggiero Barber Glammareo MeCue Ryan B e l l d Glllesple McGlnnir Salvatore Bennett Glllette Mcktyre Seheaffer B m Gleeson McLaur Bchweder B u h G o o d m Mebua Ll&u Bernun Green Menhorn Whar

Greenfield Mllanavich mane Grfem Mlller. M. E. shelhamer

Bradley Miller. M. E.. Jr. sheltan

Letterman Lev1 Lincoln

Saluam Schmltt Selrica S2I-M Sniith. L. Taddodo Taylor Reu" Turner i V ~ ! h e r Wiielan Wilson Wllt. W. W. WO~rIIoW Wright Yohn Zeller

- ~ ~ - - -

Stapleto" stout Taddanlo Taylor Thomas Toll R e l l o Turner Vallcenti Vroon Wansam Wargo Weldner Westerberg Whelan Wiggtns Willlams

Geesey George Green Halve- i I m y >Taskell Ilayes. D. 9.

Lynch Manmiller McCall Miller, M. E,, Jr, Mrkonie O'Keefe

DO* 1Iayes. S. X. Perri Eckensbergez Hopkina Pptrvrca Fi~ehe r 'i:.x:l:mson. W. Pittr Flaherty Katz Prntt Foster, A. !clingaman Renninger FOBter. W. K u 8 e Renwiak Freind Lehr NY-

Wilson Wllt. R. W. Wllt. W. W. worri1ow Wright Y 0 b Zearloss Zord Zwlkl

Abraham ~ i a m m - .weLane Anderaon. J. H. Gillelpie Mebw ArUlun Gillette Mrnhorn

Rupglero Salvatore Schtaffer Schweder seltzer

~ a r b e ; Gleeson M l l a n ~ v l ~ h Bellomitlt Goodman Mlller. M. E. Bennett Greenilold Milliron Bemm Griff0 M!seevl~h

. .. FIsher 1r1.herty Foster, A Foctn. W. Fwer Gallagher Gmda

Shsne Shelhsrner Shelton Shupnik siri-i Smith. E. -

Caputo Hutehfll- A. Musto Cesw Irvia Myers Cianciulll Itkln Novak Cohen Johnron. I. Nove Cowell Kelly. A. P. O'Brlen Cumberland Kelly. J. B. O'Connell DeMedlo Kernick 0.Domell Diearlo Kistler Oliver

Spencer Stshl Staplcton stout Thomaa Toll Vallcenti vroon

S h m m Zener

NOT VOTING-12 ~i&.to Kolter Parker. H. S. Wansacz

Kowalyshyn Pievslcy Wmgo Dinlnnl Pollte D o r n b r o d LaMarea Westerberg

Doyle Laudadlo Prendergast Wigginr Drelbelbll Loughlln Pyles illl lams

Lederer Rappaport Wilt. R. W. Dumas Englehart Logue Ravenrtahl Zrarfoae Gaweett Manderino Reed zord Fee McClat.91, Richardsm ZILU Fisher hlccuc IUeger

Cole Knepper Sirlannl warn. T. P. Gl-on MeGraw Urtynoskl W0jd.k H a m o c k Mullen. M. P. Wngner Y.hnu

The majority required by the constitution having votec in the affirmative, the question was determined in the affirmative.

Ordered, That the clerk return the same to the Senate


with information that the House has passed the same without amendment.

The SPEAKER. The Chair recognizes the gentleman from Fayette, Mr. Lincoln.

Mr. LINCOLN. Mr. Speaker, I can see by the vote total that my efforts would be futile, to say the least, to continue, on 16 other bills at this time, to offer these amendments.

I would like to ask of you one question: Are the bills for the state-related universities going to be offered today?

The SPEAKER. The Chair recognizes the majority leeder.

Mr. IRVIS. No, Mr. Speaker. The bills for the state- related institutions, if you will note on the sheet there, Mr. Lincoln, are omitted today.

Mr. LINCOLN. Okay. I wanted to be certain of that, Mr. Speaker.

Mr. IRVIS. Yes, they are omitted today; they will come up tomorrow.

Mr. LINCOLN. All right. At this time, Mr. Speaker, I am not going to offer any further amendments, but I will offer the amendments to the bills for the state- related schools tomorrow, because that is where the bulk of the money is coming from anyway.

Thank you.


from Delaware, Mr. Freind. For what purpose does the gentleman rise?

Mr. FREIND. I rise to a question of personal privilege. The SPEAKER. The gentleman will state it. Mr. FREIND. Mr. Speaker, I was recorded as voting

in the affirmative on the following bills, and I would like to be recorded as voting in the negative:

Senate bill No. 1594, Senate bill No. 1595, Senate bill

;::& Green M e b u Salvstore

Greenileld Menhorn Scheaffer Bennett Grieeo Muanovlch Schweder Beren Gting M i l l ME. sitianni Berlin Halvemom Miller. M. E.. ~ r . sefticn Benm Hamilton. I. H Milliron Seltzer Brttle Haskell MiJC~vieh Shane nonetto floyes, D. S. Maehlmann Shclhamer Bradln Hepford M O ~ B Shupmk Drandt Hill ,3r,,,

Mulien. M. P. sulith. E. FIopkJlll Mullen Spencnr

R u m HutchlnaaD, A. Musto selhl Butera Hutchinson. W. Myers Stnpietm

1n.h Novak Stout Ccssar IW1 Noye Taddonlo CiancluUl JohMm. J. O'Brien Twlor Cimhl Katz O'Comell Toll Cohen Kelb. A. P. V'Dunnsll cowen

Trello Kelly, J. B. Oliver Turner

CornberMd Yernlek Pancoast Vsllrentl oavies oeMedlo

Kirtler Parker. H. S . vroon Klingamm Perri Wans.er

DeWeese Kolter Perry WY~EO Dlcarlo Kowalyshp Petrarca Neldnez DiD-to LaMarcr Pievsky Westerberg

Laudadlo Pitts Whelsn Dornhm.nL1 Laughlln Polite Wiggins Dreibelbb Lederer n a t t oumas

W1h"" Lchr Prmdergwt wilt , R. w .

Enslehpt L r t t c m m Pyles Worrilow

:zFm Levi Rappaport Wright Lincoln 1:arenstahl Yohn

Fisher Logue Heed Zeari-

Fb$tuTW, Lynch Renningcr Zord Mandertno Rcnunck Zvikl

~ ~ : l w h . r ~ a n m l l l u Richardson Garas A~IcCall Rieger Nneman. 8:eisler McClatdv Rttter Speaker George McCuc

NAYS-24 ofvc* ~1.b

Foster. A. Gillette Schmitt Freind 1Iasay Shman

Dorr Fryer Hayea, S. E. Sm~tti. i.. ooy1. Gallen Kusse Thomas Erlienabnrs Gceaey O'Keefe Wilt, W. W. n r e h a Gillemple sllloom z d l e r

NOT VOTING-15 Cole Knrppw Sheltrm wllliams i'raviord McGraw U~t)m& Wojdak Sleasm MrkoDic Wagner Yahner Hammock Rhodo. Waish, T. P.

NO. 1596, Senate bill No. 1597, Senate biU No. 1600, Senate bill NO. 1601, Senate bill No. 1602, Senate bill No. 1603, Senate bill No. 1604, Senate bill No. 1605, Senate bill No. 1606, Senate bill NO. 1608, Senate bill No. 1609, Senate bill No. 1611, and Senate bill No. 1612.


~h~ majority required by the comtitution having voted in the affirmative, the question was determined in the affirmative,

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

. ..



An Act making appropriations to the Thomas Jefferson University of Philadelphia, Pennsylvania.

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

The question is, shall the bill pass finally? The question is, Shall the bill pass finally?


bill N ~ . 1585, printer,s NO. zoos, entitled:

An Act making appropriations to the Trustees of the Hahnemann Medlcal College and Hospital of Philadel- phia, Pennsylvania.



~ -

Abrahlln ~ i a m m a r c o McGinnh Ross Andenon. S. B. Oleenon McInhm Rugglem

The SPEAKER. The chairman of the Appropriations ~rthun Goodman MeLane Byan 1 - Committee is not in the House.

Agreeable to the provision of the Constitution, the Yeas and nays will now be taken.

YEAS-164

The SPEAKER. The Chair recognizes the gentleman from Allegheny, Mr. Itkin.

Mr. ITKIN. Mr. Speaker, is the chairman of the Ap- orooriations Committee in the House?


War80 Weidnu Weatelberg whelm w1ggins Wilan wut. R. w. worri1ow Wright Yohn Zeul0.s

- ~~~

Mr. ITKIN. I have a question I hope someone might be able to answer it. Maybe Mr. Shane can answer the question.

The Governor's recommended budget for Hahnemann was $3.645 million. The bill calls for $3.276 million, a reduction of almost $400,000, and I would like an ex- planation why.

E;CIz Kemick Perri Kistler

D ~ D ~ ~ ~ ~ P e m

Klingamm Petrarea D i n i ~ u ~ l Kolter Plevsky nombrornl( Kowalyshm ~ l t t s nreibrlh,, LaMarcs Polite Dumas Laudadio Prntt

1,aughlin Prendergiut Lederer Pylea

Fee Lrhr Rappaport Fisher Lettermln Ravenstah1

The SPEAKER. The Chair recognizes the gentleman from Lebanon, Mr. Seltzer.

Mr. SELTZER. Mr. Speaker, if you will look at all of the medical schools, you will see some adjustments

Jefferson was planning a regional medical center which is not yet in operation. The capitation for the person: who were going to man that regional center was originally counted in the original figure. It was reduced by that amount since that regional center i s not currently functioning.

Mr. ITKIN. We are on Hahnemann, Mr. Speaker. It is the same-

Mr. SHANE. Excuse me, it was Hahnemann. Mr. ITKIN. Oh, okay. Mr. SHANE. I just made a slip of the tongue on the

label. Mr. ITKIN. Thank you. That is all I have.

yG:ey'. Lev1 Reed Zord Lincoln Rmninger Z W

Foster, W. Logue Henwick i.mch Richardson b e m a n . Menderlno

G,,,, Rieber Speaker

Manmiller from the recommended figures because of the capitation. From the time the Governor first presented his budget until today, there have been new numbers given to us in the number of students who will attend the medical schools and, therefore, that changes the amount of money.

Now in the particular one that you speak of, there is also another decrease and that is for the Allied Health Center. I think i t i s a drop of $200,000; from $400,000- and-some to $200,000. Am I correct on that?

The SPEAKER. The Chair recognizes the gentleman from Indiana, Mr. Shane.

Mr. SHANE. Just to underscore what Mr. Seltzer said, which is totally accurate, the capitation is $4,400 for such schools as Jefferson.


NAYS-22

ucverter Frcind Kususse Scheaffer

g2F Fryer MCCUC Schmlft Gallen O'Keefe Thomas

noyh Gillesple Rltter WIN. w. w. Rfkensberlff Gillette Saloom ZeUer r:rchcr Hayes, S. E.

NOT VOTING-17

Andenon. I. & McGraw Seitica Walsb. T. P. Cole Mrkonlc shclton Wlll ims Gleason O'connell c&ynoski Wojdak Hammock Rhodes Wagner Yahner Knepper

The majority required by the constitution having voted in the affirmative, the question was determined in the

Agreeable to the provision of the constitution, the yeas and nays were taken and were as follows: -.

affirmative. Ordered, That the clerk return the same to the Senate




An Act making an appropriation to The Medical Col- lege of Pennsylvania, East Falls, Philadelphia, Pennsyl- vania.

On the question, Will the House aeree to the bill on third consideration? Bill was agreed to.




Abraham Allbun Barber Bellomlnl Bennett Beren Berlfn

Burns Butera Caputo Cessm Cianeiulll Ciminl COhen Cawell Crawford Cumberland

Geld- McCaY George M~Clatchy ~ l a m m m o McGinnls Gleeson McIntyrc Goodman MeLane Green Meblu Greenflcld Menhorn G r i m Mllanovlch Grine Miller. M. E. Halverson Mlller. M. E.. Jr. Hnmlltan. 1. E. Milliron Hasay Miscevleh Aaskell M~e i l lmem Haws, D. S. M o m Hepford Mullen Hill Mullen. M. P. Hopkinm Mvsto Hutchinson. A. Myem IIutchinson. W. Novak INIS Noye Itkln O'Brlen J o m o n . J . O'Donnell Katn Oliver Kelly. A. P. Pancoast Kelly. J. B. Parker. H. S

Rau RU#deo Ryan Salvatore Sehwede. Seltzer Shme Shelhamer Sh-.n Shupnlk sm-I Smith. E. Smith. L. s w n e a Stlbl Stapleton stout T a d d m 0 Tarlor Toll h e l l 0 Turner PaUemti v- w-ez

Ahrabm Geeaey MeClatchy Rar Andemon. I. H G'eieier McGInnis Rugglero Arthun Georxe WeIntyre Ryan Barber Giammaroo MeLane Salvatore Bellamlnl Gleeson Mebus Scheaffer Bennett Goodman Menhorn Sehweder Be- Green Mllanovlch Scltiea Berlln Greenfield Miller, M. E. Seltzer Brrson Grieco Miller, M. E., Jr . Shsne Rlttle Grlng M~lliron Shelhamer Bonetta Halvemen M l ~ c e v i ~ h Shelton nradlo FIamzlton. J. H. M o c h l m m Sh-am Brandt Basay Morris Shupnlk Bmnnm Haskell Mrkonic Slri-1 Bums Hayea. D. 9. APilllen. M. P. smith. E. nutera He~fo rd Mullen Smith. L.

H I I ~ M U S ~ O H o p W Myers Hutchinsan. A. Novek Hutchhon. W. Noye Irvia O'Bden Itkin O'Csnnell JOIUUO~. J. Oinonnell Katz Ollvrr

spencer Stlhl Stapleton stout Taddonio Taylor ToU r n l 0

1876. LEGISLATIVE JOURNAL--HOUSE 5721

NOT VOTING-11 I NOT VOTING-10 Cole Knepper Wagner Woidak Knepper Wagner Wojda* Gleaaon McGraw Walsh. T. P. Ynhner MEGraW Wzlsh. T. P. Yahner Hammock L'sf>moskl Williams Uatynaski





An Act making an appropriation to the Philadelphia College of Osteopathic Medicine, Philadelphia, Pennsyl- ">"I2

On the question, Will the House agree to the bill on third consideration' Bill was agreed to.

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


Agreeable to the provision of the Constitution, the yea: and nays will now be taken.

Abrlhun Andenon. J Arthurs rlarher Bellomid Bennett Re- Berlin ~FT."" Slttle Sonetto Bradley Rrandt Rrumer Burns Rutera Caputo Cessar CiandulU Clmlnl COhul Cowcll Crawford Cumberland

Gleeam COOdmen Green Greenfield Grleeo Grin% I I a Ive~on Hamilton. J. A. Hasag Ilnskell Raves. D. S. TTcnford Hill FIopkWs FTutrhlnson. A. H"t~hi,mm. w. Irvls Ttkh Johruon. J. Katr

McClatchy Mecue MeGlnnia McIntyre McLane M C ~ U S Menhorn Milanovlch xitiller, M. E. Miller. M. E.. Milliron Xime~ ich Moehlmnnn MOTtitr Mrkanie Mullen Mullen. M. P M,?StO ?.(\in

Noye O'Brien WComell o 'nomeil Oliver

Ruggleio Bysin Sl lwm Salvatore SehePner Scharedrr Selriee Seltzer Shane Shelhsmer Shelton Shupnik Sirlanni Smith, E. Srnlth. L. SDenrer Stnhl Starleton ?*out Taddon," TSYI-7 Toll Trello Turner





An Act making an appropriation to the Trustees of the University of Pennsylvania.

On the question, Will the Holise agree to the bill on third consideration? Bill was agreed to.




Berm Berlin Bemon Blttle Bonetta Bradley Brandt B r u e n a Burns Butera c w u t o Gear Cianciulli Ctrmn1 Cohcn coweu C T I l W l O l O Cumberland Dad= DeMedlo DeWeese

o~a&arco G l l l e ~ i e Gillette Gleesen Goodman Green Greenfield GHEM Grine ~ a l v i r s o n Hamilton. J. A

Itkin Johnson. J . Kat, ~ e l l v . A P Kelly. J. B.

McGlnnll MeIntne McIdne Mebur Menhorn Mllanovlch Miller, M. E. Miller. M. E.. Jr. mlurdn Mlaoevlch Moehhnann M0171s Mullen Mullen, M. P Must0 Myers N o v a Nore O'Brien O'CameU O'Donnell O'Keefe Oliver Prncoast Parker. H. S. P d

Ruggiero Ryan S.loom Salvatore Bchesffer S&weder S ~ T ~ E L Seltzer 5-e Shelllamel Shelton Shupnik S1HBn"I Smith. E. SmIUI. L. Spencer 61nhl Stapleton s tout Taddonlo Taylor Toll Re110 Nmer vsllwntl vmon


Dombro".m Do- Drelbelbb Dumas Englehlrt FaWEett - .- Fisher FlaheM Foster. A. Foster. W. Gallaahe

Ke,T.leL KI.tl~l Klingamm Kolter Kowalyshyn IdMarc. Laudadlo LaughUn Lederer Lehr

P e w P e t l e u Plevsky mtt. PaUte Pran Pyler PTend"s.lt Rappaport Ravenstahl Reed Rcnnlnger Renwlck m o d e RlChardson Rleaer Ritter RW

w.nmcz wars0 Weldner Weskrberg Whelm Wiggins Wiluams Wilaon Wilt, R. W. Worrllow WrlSht Yahn ~ ~ O U

&rd ZaiLl

m-. Speak=>

Dloarlo DiDonato Dmind DumbroVaLl Don' Drelbelblm Dumas Englehart F a w A Fee Fisher

Perry Petrarca Pievsky mtts Polite Pratt Prendergalt Pyles Rappaport llavenstalil Reed Rennlnger Henwick modes Rlehardson Riege

IAYS-25

Wmaaea WPTRD WCid'nEr Waterberg Wiggins Williams Wllson Wilt. R. w. Worrilow Wrlaht Yahm Zcvfoas zwlkl

Fineman. SI

NOT VOTING-12 I - NOT VOTING-11

NAYS-17 Devvter Fryer Kune 8h-M Doyle Gallm Le"l Thomu Eckcnsbug.r Geemy McCue Wilt, W. W. Flscher Hayes, 8. E. Schrmtt Zener Freind

Dcvvtcr Gallm Kusse SWll Dietz G m e l Levl Thomas Doyle Glllc~piic MeCve Whelm E c k e n s b e r ~ e Green Ritter Wllt. W. W. Fischu Hayes. S . E. Saloom Z e h Reind KllngamM Sehmltt Zord h e r



An Act making appropriations to the Trustees of Drexel University of the Commonwealth of Pennsylvania at Philadelphia, Pennsylvania.

On the question, Will th r Hoiise 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

The question is, shall the bill pass finally? P

Agreeable to the provision of the Con?titution, the year and nays will now be taken.

A r t h m Hammck Mrkonlc Walsh, T. P. col. Kneppff UstynoskJ wojdak Gleawn MCGT~W Wagner Yahner


Ordered, That the 'Ierk return the same to the with information that the House has passed the same with amendments in which the concurrence of the Senate is requested.

Berm BerUm Beraon Blttla Bone* Bradl.7 Brandt arunn.r BURU Butem Caputo ce.sar CiandulU Cimlml Cohen C0W.ll crawt0,d Cumberland Davle. DcMsdlo DeWeese

Mhun ~ a m c k Ustynmkl Wold& Cole Knepper Wagner Y.hncr GI- MeGrsw Warn, T. P.

The majority required by the constitution having voted . m the affirmative, the question was determined in the affirmative.

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

Glee~on Menhorn Goodman Mllsnovlch Greenecld Mlller. M, E. Grleeo Mfller. M. E.. Jr.

. - .. .. . . . Halveram Mia~vtCh H~mfIton. J. R. Maehlm- Hasay Morris HarkeU Mrkonie Hayes. D. 9. Mullen, M. P . Henford Mullen

..- .. ~ ~ ~ k l n . Myera Hutchl-n. A. Novak Hutchhso~z. W. Noye Irvla O'Brlen IW1 O'ConneU Johnson. I. O'DonneU Katz O'Keefe Kelly. A. P. Oliver Kelly. J. 8. Paneoaat Kemlek Pnrker, H. 8 KlClstleI P&

Rosn Ruagiero Ryan Salv~tore schedfer Schwedn S M c a Se l tv r Shanr Shelllamer Shelton Shuman Shupnir Slrlannl Smith, E. Smith. L. Spencer stAp1Mn stout T.dd0nl" Taylor Toll Trello Turner Vlllcentl vmon



An Act m3king an appropriali,,n to the Pennsylvania Col le~e of Pcdintric Medicine, Philadelphia. Prnnsylvania

On the question, Will the House agree to the bill on third consideration? --

Bill was agreed to




Abr.h.m Andenon. I. Arthum Rarber Rellomllll Bennett Beren Berlh Bemen Rlttle Ronetto Bradley Rrandt Br-a Bums Butere Caputo Cessar Ciandulll CimM C0heP Cowell crawford Curnbcrlmd DeMedlo DeWeese DlClvlo

Georm GlsWnMD Gillette Gleeson Goodman Green Greenfield Grieeo Gllng Halvemoll Hamilton. J. 8.

Irvb Xntz Kelly, A. P. Xernlek Kistlu KHngamm K0lter Kowalyshm

McGfnnis M e I n t m MeLme Mrbus Menhorn nlilanovleh Miller, M. E. Mlll~r , M. E.. Milliron Mhcevleh hloehlmann n1arris Mullen. M. P Mullen Musto Myem Novak O'Brien O'Connell VDonnell Oliver Pancoast Parker. H. S. Perri P e m Petrarca Plevslcy

Jr.

Rugglero Ryan S81YStOTe Scheaffer Schweder Sciriea Seltzer Shane Shelhamer shelton Shupnlk Sirianni Smith. E. Smlth, L. Spencer Stahl Stapleton stout Taddonlo Taylor To11 Re110 Turner Valicentl W m s e z wvgo Westerberg


DUIII.S nrrlbelbb Englehut Fawcen Fee Fisher F l a h q Foster. W . Gallagher Garzla Gelsler

1,nMaren Laudadla Lsughlln Lederer Lehr I~ettermnn Lincoln mgue Lynch MRnd"rin0 htanmlller MeClll MeClatehg

Polite ~ ~ ~~~

Pratt Prmderpad Pyles Flappaport Ravenstah1 Reed Rennlllper Renmck Rhodu Rl~hsrdson Rieeer R o r

Dietz Gallen NDYC Vroon Dom Geese7 O'Keeie Weldna Doyle Gillemle Pitts Wllt. W . W. Eckenaberccl Hayes, S. E. Rltter Zeller F i s ~ h e r Kelly. J. B. Ssloom Zv l l l Foster. A. Kusse Sehmitt

W h e h Wiggins Wllllams Wilsan wilt. R. W . Worrllow Wright Yohn

NOT VOTING-13 I

DiDonato DlNnnl o o m ~ DOR n m l b s l b Dumas k n g l d w t F.wostt

Cole Johnson. J. Mrkonic Wd.h. T. P. Gleason Kneppcr I ktynoski Wojdak Hammock McGraw wiymer Yahner Itkit,





An Act making an appropriation to the Pennsylvania College of Optometry, Philadelphia, Pennsylvania.


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



YEAS-173 Grlsler M c O a t c h ~ George MeCllo Glanrmsrw McGmmlm Glllctte M c I n t m Gleeam MeLnnc Ooadmm Meblu Green Mrnhorn Greenfield Milanovfch DrlcR, Wer, M. T.. Grinp MllIer, M. E., Halvemm Milliron Hamilton. J. Xi. Miscevleh IIasag M o e h l m . ~ Haakell M m s Hay-. D. 5. Mrkonic Hepford Mullen. %I. P RUI Mullen Hop- M u t o H u t c b h o . A. Myem Frututrhlnmn. W. Novak rwls Noye Itkin WBden ,Toluraon. J. O'Connell Katz O'Donnell Kelly, A. P. Oliver I i e l l ~ . J. B. Pancoast Kerniek Parker. 8. S. K W c r P u r l

R M Rus.iero n7m s.1vatom ScheaBer Schweder Sdriea Seltsu Sham Shelhpmer ahelton bhupnlk Slrisnoi Smith. E. Smith, L. S m o e r Stahl stout Taddorno Taylor Toll mlo nlrner Vllirenn vmon Waneam WCTBO Weldnr

Klingaman Kolter Kovalmhyn Ladarc. L~ .dSd lo raughlhl Lederer Lehr

p e w P a a r e a =a* mtt. P0lIta Pratt P m d e r g u t -la Rappaport Ravenstah1 Reed Rrnnlnger Rendsick Rhoda Richsrdmn Bleger

W h r b c q - wigg1ns Williams w u m n Wllt, a. w. womor W r M t Yohn martom Zord Zv l l l

fi-. w=

NAYS-20 Coh- Fl.heza, K u v e Sh- Dl& Freind O'Keele St lp le tm Doyle m= Ri* Thumu Xekaubex.s GiUaph Sllmm WUt. W . W TI& Hayes. S. I. schmltl Z< mr

NOT VOTING-10





An Act making a n appropriation to the Dickinson School of Law, Carlisle, Pennsylvania.




Agreeable to the provision of the Constitution, the yeas and nays will now he taken.

~ b r a h m Gallagha Andemon. I. E. Garzin Arthum Gene, Barber G e l d s Bellormni George Beren Glarnmvm Berlln Berson Blffle Bonetto Braciley Brandt BlllDnLI Burns BUtCT. CnputD CE-T Ciandulll Clrmnl COh", CoweU Crawiord Cumberland DPVIU DeMedlo DeWee~e Diearlo DiDonsto Dietz Dinlnnl

~ l e e r o i ~ ~ Goodman Greon(leld Grieco Gnng Halverson Hamlton, J . H. Hasken Hayes, D. 8. Hepford HIU

Menhorn Mllsnovldl Mlller. M. E. Mlller, M. E.. Jr. Miseevlch M o e h i m a ~ Morris Mrkonle Mullen Mullen. M. P. Must0

Hop- M,&= Hu tch imo , A. Nova!% Hutchinllon. W . Noye Irvia O'Brien Im O'conneu Johnson. I. O'Donnell Katr ollver Kelly. A. P. Pancoast Kelly, J. B. Parker. H. S Kemlck P d KLstler Perry Kolter Petrarca Kowalyshyn Plevsky

Ryan Saloorn Salvatore Scheaffer Schwedu Sdr iea SSltvr Shane Shelhamtr Shel tm Shuman Wupnik Sirtannl Smith. 2. Smlth. L. SpnECT S*,l stout Taddonlo lbomes Toll me110 m e r vaucenn Vr- w.,go Wenterber.e Wlk'gins w11uarrm

5724 LEGISLATI JE J O U R N A L H O U S E June 29,

Dumas Englehart Faween F W mrher

Wilson Wilt R. W. Wilt, W. W W d o v wrlght Yohn Zauiau 2riL1

D i n i d Dombrowrtf Don' Doyle Drelb lbh Dumas Eck.mb.r*er Engl&.,'t Faacstt Fee m c h a nsbe rmph& Fortn. A

Petrarca Plevsk, P i t b POUte h t t Prendergast Pile. Rappaport Ravenstah1 Reed Rennlnecr Renwlck R h d - Rfch.rdan

Westerbere - Whetan wiggzns Willlams Wilma wut R. W Wllt. W. W

NOT VOTING-10 Cole Kneuper Wslner W0ld.k Gle-n McGraw Walah. T. P. Ylbner

Bennett Gillene MILllron Btaplcton Devemr Green O'Keefe Taylor Doyle Hanay Pratt w-a Ecke-berger Hayes. S. E. Renwlck Weldnu n s c h u KUnaman Riner whelm Reind K L I S S ~ Ruggiero Zellsr Gallan Led s ~ t t Zad Glllemplc MeMnnis

Hammock Ustynaaki

~

~o r te r ; W. Logue Riwer RJU Lmch Ritter bmm. G a W r Msnderino R a r Speaker

NAYS-3

Refnd MeCvc S c h d t t

NOT VOTING-10





An Act making an appropriation to the Downingtown Industrial and Agricultural School, Downingtown, Penn- sylvania.





Barber Bellomlnl Bennett Beren B e r b Be- Bittlt Bonetto Bradley B-at Brunner B u m Botera Canlrto

Goodman Green GreenReld Grlae0 GlfnE ~ n l v i r s a n Hamilton. J. A. Ha8.r Haskell Hares. D. S. Hayes. S. E. Hepford HUI Hopkin. Hutchison. A. Hutchinnon. W. I M s Itkln Johnson. J. Katr J:elly. A. P. Kelly, J. B.

Manmiller McCaU MeClatchy MeGlnd6 McIntyre McLane Mebw Menhorn Milenovich MIllar, M. E. Miller, M. E.. WlUmn Miscevlch M o e h l m s ~ Morns Mrkonle Mullen. M. P Mullen Must0 Myers Novak No ye O'Blien O'Connell O'Domell O'Keefe OUver Pancoast Parker. H. S. P e m Perry

Rugglero Ryan Saloom s.1vatnrc Seho.ffer Schweder Sdlfca Seltzer Shrne shemamu

Jr. Sbeltan a m a n Shupnilr SLrfannl S d t h . E. Smith. L. Spencer stall1 Stapleton stout Taddonlo Taylor Thoma. Toll p e l l o Turner Valleentl Vrmn Wansacz w a r m Weldnar

tole ~ n e p ~ e r W.BII(LI wojnss Gleuon MeGraw Waibh. T. P. Ylhner am mock u s t y n ~ n





An Act making an appropriation to the City of Harris- burg, Pennsylvania.





YEAS-154

Andenm. J. E. Geeser McClll Rlehardaon A r t h l m Gelale? MeClstchr Rleser . . . .- -. Barber B e l l d Bennett Be- Berlin B- R i m Bonetto Bradley Brandt B m m ' B m Rutera

Doyle DrelbelbIm Durnaa Enalehart Fnwcen Fee

Giammarco Gillette Gleesan Goodmar, Green G n e m e l d G I ~ K o Glfng Halvehoa Hamilton. J. A. Haskell Hay-, D. S. AepfoM Hi11 aopklns HutChlnson. A. =utehin.rm. W. Irvb

MeCue ~ l t < r nrc~ntyre Ross McLane Rugglero Mebus Bran Menhorn Salvaton Mllanovleh Schemer M i l l M E . Schweder Miller. M. E.. Jr. Sdrlea Mllllron Scltzn Moehlmann Shlne Morris Shelhamer Mullen. M. P. shelton Mullcn Bhupnlk Murto Sirianni Myrm amith. E N0ve.k Soencer Noye Etabl O'Brlen Stout O'Connell Taddonlo O'Donnell Toll Oliver Vroon P L ~ C O R S ~ w~nulc . Parker. H. S. W a r ~ o Perri Wsidnor Perry We~tsrberg Petrarca Wlgglhs Pievaky Willlams Pit* w u r m Polite Worrllow Pratt Wright Render$& YOh.


NOT VOTING-10 Cole Knepper Wagner Viojdsk Gleason Mc(',raw Wnlrl;, T. P. Yahncr Hammock UB~YDOBB~

Ffsher Lchr Pyles Zearf cw Fleherh Levi Rn~papor t Zord Fostar. A. Logue Ravenstah1 Z*l Foster. W. Lynch Xeed Gallegher Mandellno Renninger m e m a n . G&a Manmiller Rhorlw Speaker

NAYS-39 4brahm Fryer McGtnnls Ta+lo; Cimbl Gallen Mi~cevich Thonlaa Crawford George Mrkonie TTFllo Devertez Gillempie D'Xede Turner Dica-lo Hasay Renwick Tlalice~~tl Dieh Haye.. S. E. Sl lwm Whelan IIombm.RLI Klingaman Sehmitt Wilt. R. W. Eckembergm Laudabia Shuman Wflt. W. W . Fischer Letterman Smith. L. Zeller rreind Lineoh stapleton

The majority required by the constitution having voted in the affirmative, the question was determined in the sffirmative.


Fawcett Lehr Rappaport Yohn Fee lavt Ravenstah1 ZUrtDss FLshu Ldnmln need Zord P l a h m Logue Renninger Zvlkl Foster, W. Lmch Rhodes Gallapher Manderlna mchardson Fineman. Gallen Manmlller Neser Speaker

NAYS-26

Devertv m e r McCue Shumm Dieh Geesey NoYe Smlth. L. Dorr George ~ ' K e e f e Thonua Eekenaberger Gillrttc Renwlek Turner Asrher r<e!ly, J. 13. Rltter Wllt. W. W. Foster. A. Kliogaman schmitt Zeller Frelnd Letternan

NOT VOTING-11

Agreeable to order, The House Drocerded to third consideration of Senate ~ ~ ~ - - ~ ~-


An Act making an appropriation to t h ~ Philad~lphia Zollege of Textiles and Science.


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

LIQUOR CONTROL BILL ON THIRD CONSIDERATION

Agreeable to order, The House Droceeded to third consideration of Sen-

ate bill No. 516. printer's No. 535, entitled:

On the question, An Act amending the act of April 12: !951 (P. L. 90, Will the House agree to the bill on t k d No., 21), entitled "Liquqr Code," authorlzlng special oc-

caslon permlts for certam sportsmen's clubs. Bill was agreed to.

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


Agreeable to the provision of the Constitution, the yeas md nays will now he taken.

Gar*. Gelaler Giammareo Gillesple Gleeon Goodman Green Greenfield G r l e ~ ) Grin* Halverson Hamilton. 1. A. nasav ~----. Haskell Iiayes. D. S. Hayes. S. X. Hepford Hill H o p k b Hutchin-. A. Hutchinson. W. rrvl. .. - Itkln J O ~ N I O I ~ . 3 Katz Kelly. A. P. Kcrniek Klstler Kolter Kowalyshym Kusse LBMVE.

McCBU McClatchy MCGINlls MfIntYre McLane Mebus Menhorn M l b o v l e h MlUer, M. E. Wller, M. E.. Jr. MlUlron Miscevirh Mwhlrmnn Monls Mrkonic Mullen. M. P Mullen Must0 Mgen Novak O'B-len WConnell O'Dunnell Oliver Pancoart Parker. H. S. Fern P e n + petrarca

ROSS Ruggicro RYM Scilwm Scheaffer Schweder Sdrlca Seltrer Shane Shelhamer Shelton Shupnlk Sirlannl Smith, E. .%mew s-1 st.plot0" stout Taennnlo Twlor T"!,

Wargo Wcidner Westerhere Whelan Wiggins 'Williams Wllson Wilt. R. W. W O ~ ~ O W Wright




The Chair recognizes the gentleman from Lehigh, Mr. Zeller.

Mr. ZELLER. Mr. Speaker, we agreed yesterday, I believe, to withdraw. And had I known what would have happened on House hill No. 567, I would not have. So, anyway, I withdraw.

The SPEAKER. The Chair thanks the gentleman.



Abraham Arth- Ba rber Bennett Berlln Berson Bonetto Bradley B r n d t Brunner B u m B" tern Caj,uto ce.;sar Cianclulli C o k n

Gleeson Goodmen Green Greenfield Hil!vemon Hasay Hasken Hayes. D. S Hopkine Hutchinson

Lynch Manderlno Manmtller McCall MeGinnis Mdntyre McLane Menhorn Mflanovteh Miller. M. E. Miller. M. E. Mllllron

Renninger Renwlck Rbadea Rieger Rltter Ross Ruagiero Ryan Saloon Selriea Shrine Sheiton Shupnlk stout Taylor ToU

5726 LEGISLATIVE JOURNAL-HOUSE June 29,

cowell lrvis ust to TmUo Cumbvhd Jahhqon. I. Myers VaUe~ti DeMedlo Kelly. A. P. Novak W P I I ~ C Z DeWeese Kelly. J. B. ~ ' ~ r i e n whclan Dicarlo Kernick O'ComeU WigigginS DlDonmO Klingamen O'Donnell Wlhon ~illlnnl Kolter Oltvcr Wilt, W. W. D o m b r o d Kowalvahm Parker. H. S. Womllow Drelhclbls Laxarcs Perry Yohn Dumas T,nodadia Petrarca Zcller ~ekensberger Laughlln Pfev-lrJI Zord Englehart Lederer P~at t Zwfkl Fischer Letterman Prendergast Flshem Lincoln Rave~tahl Nn-an. W e r Logue Reed Speaker

NAYS-60

Anderron. J. 8. Geesrg MeCletchy SEhvnder M a l e Seltzer Rellominl Gmrsplc

Blttle meco Mebus ShAbuner Clminl Grlnp Moehlmann Shuman Crawford Hamilton. J. H. Noye Striannl Deverter Hayes. S. E. O'Keefe Smttb. E. Dletr Hepford Pancoast ~mim. L. DOIT HI11 Perri st.hl Doyle Hutchinson. W. Pitts Stapleton Fawett ltkin Polite lTt0m.s

Turner Fee Kstz Pyles Fisher Klstler Rappaport Vr- Foster. A. Kusse Salvatore Weidner Foster. W. Lehr Srhesf?er Westerberg Frelnd Lev( Schmltt Wllt. R. W.

NOT VOTING-21

Beren unepw ~sddonlo Wllllsms Cole MrGraw Ustynoskl Wojdak navies Mlseevicb Wasaer Wrlght Gallen Richardson Walsh, T. P. Yshner Gleason Spencer W.rgo Zarfmr Hammock


QUESTTONS OF PERSONAL PRIVILEGE The SPEAKER. The Chair recognizes the gentleman

from Delaware, Mr. Zearfoss. For what purpose does the gentleman rise?

Mr. ZEARFOSS. I rise to a question of personal privilege.

The SPEAKER. The gentleman will state it. Mr. ZEARFOSS. Mr. Speaker, I was out of my seat

when the vote on Senate bill No. 516 was taken. I would like to be recorded in the negative.

The SPEAKER. The gentleman's remarks will be noted for the record.

Mr. Miscevich. For what purpose does the gentleman rise?

Mr. MISCEVICH. I rise to a question of personal privilege.

The SPEAKER. The gentleman will state it. Mr. MISCEVICH. Mr. Speaker, on Senate bill No. 516,

printer's No. 535, I would like to be recorded in the affirmative. My switch was locked out.


SENATE BILL No. 1183 PASSED OVER TEMPORARILY


Mr. IRVIS. Mr. Speaker, I believe that Mr. O'Connell asked that Senate bill No. 1163 would be passed over temporarily. I think that they wish to caucus on that before we move it.

The SPEAKER. Senate bill No. 1163 will be temporarily passed over.

Mr. IRVIS. There are two discharge resolutions we can handle now, and also Mr. Mullen wants to call back Senate bill No. 995 to reconsider the vote by which his amendment entered. Mr. Zearfoss has an additional amendment for Senate bill No. 995, and then I would like to make an announcement, Mr. Speaker.

DISCHARGE RESOLUTION ON HOUSE BILL No. 2400 CALLED UP

affirmative. Ordered, That the clerk return the same to the Sen-

ate with information that the House has passed the same without amendment.

RESOLVED, That House Bill No. 2400, Printer's No. 3240, entitled "An act amending the act of March 10, 1949 (P. L. 30, No. 141, entitled 'An act relating to the public school system, including cer ta~n provlslons ,applicable as well to private and parochial schools; amend~ng, revis- Ing, consolidating and changing the laws relating there- to,' providing for certain payments on account of instruc- tion to remain at a specified level; further providing for increased payments by the Commonwealth on account of health services; nonpublic and hazardous transportation; and for a cost-of-living increase on account of in- struction," having been referred to the Committee on Ap- propriations on June 2, 1976 and the committee not having reported the same to the House for a period of ovet 15 days, the committee is discharged from further consideration thereof.

Mr. GALLAGHER called up for consideration, from page 21 of today's calendar, the following discharge

on H~~~~ bill NO. 2400, printer's No. 3240:

In the House of Representatives, June 21, 1976

The Chair recognizes the lady from Susquehanna, Miss On the question,

Sirianni. Will the House adopt the resolution?

Miss SIRIANNI. Mr. Speaker, on Senate bill No. 516, I would like to be recorded in the affirmative.

The SPEAKER. The lady's remarks will be spread upon the record.

~ h , SPEAKER. The Chair recognizes the gentlemar from Bucks, Mr. Gallagher.

M ~ . GALLAGHER. M ~ . speaker, I call up this dis- charse resolution on House bill No. 2400. I t is very im-

The Chair recognizes the gentleman from Beaver, Mr. Laugblin.

M ~ . LAUGHLIN. M ~ . speaker, I inadvertently voted in the affirmative on senate bill NO, 518, I would like to be recorded in the negative.

The SPEAKER. The gentleman,s remarks will be noted for the record.

The Chair recognizes the gentleman from Allegheny,

- portant that the members Of the House the reasoning behind this. ,The bill has been in the ~ppropr ia t ions Committee

s ~ n c e June 2. That is 27 days ago. ~ u r i n g that time 1 have had many discussions with the Appropriations Com- mittee chairman and in every Appropriations Committee meetlng I asked that it be brought up on the agenda And each time it was rejected that i t be placed on the agenda, and there were many and various reasons

POINT OF ORDER

1976. LEGISLATIVE JOURNAI-HOUSE 5727

like to see if the General ~ s s e m b l y would b e kind enough to at least adont this resolution so that we can nut i t on

3s to why it was not being considered. Primarily the ~rgument was that there probably was not enough money .a handle the $160 million which House bill No. 2400 ~ o u l d cost.

By calling the discharge resolution up today, if the ]ill or the resolution is adopted, the hill will be on our :alendar, and I have amendments to reduce the bill ?ram $160 million down to $116 million. ~ h ~ t would pro. ~ i d e each school district with a 10.6 cost-of. iving increase. If that amendment would fail, if every- lody feels that there is not $116 million available--

The S p ~ ~ K E ~ , The Chair recognizes the gentleman the calendar and handle i t with dispatch before June 30.

rom Lehigh, Mr. Ritter. For what purpose does the gen- Thank

The SPEAKER. The Chair respectfully disagrees with the gentleman. This is discussing the merits of the bill, and I say to the gentleman, respectfully, confine your comments to the reasons for the discharge without referring to what the future course of action on the bill is going to be and without endeavoring to be cute about it.

Mr. GALLAGIIER. Mr. Speaker, cute is not part of my yakeup. Frankness and candidness are parts of it, and sincerity. But I think that we should get to the merits of the hill, Mr. Speaker, and I do not think that the Speaker wants me to get to the merits of the bill.

I would rather get to the monev of the bill, and I would

leman rise? Mr. RITTER. I rise to a point of order. The SPEAKER. The gentleman will state it. Mr. RITTER. Mr. Speaker, in the calling up

,barge resolution, is i t in order to discuss the .ou exvect to discharge from committee?

of a bill

The Chair recognizes the majority

dis- that

Speaker, I oppose the resolution and vote.

The SPEAKER. leader.

Mr. IRVIS. Mr. ask for a negative

The SPEAKER. The Chair recognizes the gentleman The SPEAKER. ~ h r discharge resolution debate should from Lehigh, Mr. Zeller.

onfine itself to the reasons for the discharee and not Mr. 7ZLLER. Mr. Speaker, we are running ourselves

he merits of the bill. Mr. RITTER. Well, Mr. Speaker, the gentleman, ~ r .

:allagher, is talking about the merits of the bill. The SPEAKER. The Chair would hope that the gentle-

aan would confine his future remarks to the reason for he discharge.

Mr. GALJ.AGHER. Mr. Speaker, I am attempting to xplain to the General Assembly why the resolution hould be called un. so that the bill can be considered.

into a really dangerous situation. The school districts have agreed with regard to House bill No. 2400 versus House hill No. 770, and they are all settled. There is only one area, Bucks County, his area. As a matter of fact, that is the only area that is really going to help.

So I say, let us knock i t down, and let us get rid of it. The SPEAKER. The question before the House is on a

~ ~ " l u t i o n for discharge, and anyone who wants to speak will have to confine his remarks to that particular issue. . ,

am not trying to debate or support the merits of the i l l itself. I just want to let everybody understand what if are attempting to do. Why the Appropriations Corn- littee chairman refused to put the bill on the agenda 3 something that I would ask him directly if he were ere. That is not what I am attempting to do a t this oint. I want to let everybody understand that if the zsolution is adopted, it does not mean that you are going

support a bill that would cost $160 million, but i t would ive us an opportunity to amend the bill. The SPEAKER. Will the gentleman please endeavor , confine his remarks to the reasons for the discharee

~ h , chair recognizes the gentleman from F ~ ~ ~ ~ ~ ~ , MT. Lincoln,

LINCOLN, M ~ , speaker, I rise to support the resolution, I think that it is something that we are going to have face, not tomorrow, we are going to have to face i t within the next fiscal year by some additional aid to the school districts, It is a good piece of

Contrary to what M ~ , Zeller said, there are quite a few other school districts that would like to see House bill

2400 enacted, not just Bucks County, - , ~ - ~ ~ . ~ - ~~ - ~ t h e r than the merits of the proposal? Mr. GALLAGHER. Mr. Speaker, 1 am attempting to

.ay away from the merits of the bill. I say that I am not leaking on the merits of the bill. I am trying to let le members understand what would happen if we would 3opt this resolution, that is, the bill would be on the ~lendar in a position to be amended to meet the needs iat the General Assembly would determine are for each 1d every school district. This is the reasoning for calling up a discharge reso-

(tion. There has to be a good reason for doing such a ling. I am not talking about the merits of the bill or hat school district needs the money or why the Ap- vpriations Committee chairman rejected our request 0 put it on the agenda. I am just trying to explain to the General Assembly hat would happen if we would adopt this resolution: tat we have the opportunity to have i t on the calendar ld to amend it, and that I have amendments ready to lduce the amount. This is not discussing the merits of !e bill.

LnanK you.

On the question recurring, Will the House adopt the resolution?

Agreeable to the provisions of the constitution, the yeas and nays were taken and were as follows:

YEAS-92

Abraham Gallagher Kurae R c d n q e r Bellormnl Gallen Laughlin 5,

Rmwlck Garda Lehr Ryan ;;;;ycl Geese? Levl Snloom Gwrgc Lincoln Schesuer Gillesple Lynch Sehrmtt

C w e r Gillette hlanmfuer Sdrlea

~~$~~ Green McCaU Shane Glleco McCue Smith. L.

Cmm~bermd Grlng McGfnnis St.hl ~ ~ ~ $ , o Halverson Menhorn Stapleton

Hasay Mllmovlrh Taddonio Deverter Haskell Mlllcr. M. E. ~ a y l u r Eg;;,"' Hares. D. S. Miller. M. E.. Jr. ~ h 0 m . s

Hayes. S . Z. Moehlmann Trello D I ~ ~ ~ ~epfotd Noye Wefdner z,","g;;wskf O'Keefe Whalsn

Hopklm Parker. H. S. Wilson Nrcher Hutchinson. W. Petrarea Wllt, R. W.

LEGISLATIVE JOURNAL-HOUSE June 29:

I uw"-" .

Andel-, J. E Gleeson Mrkonie Sa1b.r Arthum Goodman Mullcn. M. P. Shelhnmtr Mr. MORRIS. Senate bill No. 1600 is on page 6, and B a r b s Greenfield Mullen Shdtrm Senate bill No. 1610 is on oaee 7.

- - ~ - ~ ~ p ~ p~~

n.ha K ~ U Y , J. 8. ~ o u t e wilt . W. W. Foster. A. Klstler Pratt worrilm Foster. W. Kllnpamm Pyles Wrl%ht Freind Kolter Reed Yohn

NAYS-99

Dumas Eckenabarzsr Englehart Pee

The question is on these nonpreferreds that we voted We went through them pretty fast. Did Senate bill No, 1610 get voted and Senate bill No. 1600?

The SPEAKER. What page is the gentleman talking "hnnt?

Logue Rabenctahl Manderlno Rhodes McClatchl Richardson nIclntyre Rleger M c m e Rltter Mebua Ro5r M3lUron Rugxiero MlseeYich Salvatore Mnrri- Schweder . . . . . ..

Glammsrm

NOT VOTING-12

Shuman Shupnlk 8 1 n m smith. E. S w e e r s tout Toll nvner v a e e n t l vmon w-ca wargo Welterberg

On the question recurring, Will the House agree to the bill as amended on seconc

The SPEAKER. Page 6, Senate bill No. 1600 was voted Mr. MORRIS. In case I had missed that one, I woulc

appreciate being recorded in the affirmative. The SPEAKER. The gentleman's remarks will be noted Senate bill No. 1610 on page 7 has not been voted. Mr. MORRIS. Thank you, Mr. Speaker.

BILLS ON SECOND CONSIDERATION wiggins Williams Zearfwn zener Zord Zlvllrl

Tineman. Srvaker

Agreeable to order, The House resumed consideration of Senate bill NO

995, printer's No. 1836, entitled:

An act amending Title 18 (Crimes and Offenses) of thl Pennsylvania Consolidated Statutes, adding the offense o theft of leased property.

Cole Hammock Perry Walnh. T. P. Doyle Knepper Ustmoaki W0fd.k Glesson McGraw Wagner Ylhncr

So the question was determined in the negative, and

consideration?

RECONSIDERATION OF VOTE ON MULLEN AMENDMENTS TO SENATE BILL No. 995

the resolution was not adopted.

QITESTIONS OF PERSONAI, PRIVILEGE The SPEAKER. The Chair recognizes the gentleman

from Berks, Mr. Stahl. For what Purpose does the gentleman rise?

Mr. STAHL. I rise to a question of Personal privilege. The SPEAKER. The gentleman will state it. Mr. STAHL. Mr. Speaker, I was incorrectly recorded

on the last vote, on the discharge resolution. I would like to be recorded in the negative.


The Chair recognizes the gentleman from Montgomery, Mr. Mebus. For what purpose does the gentleman rise?

Mr. MEBUS. I rise to a question of personal privilege. The SPEAKER. The eentleman will state it.

----

The SPEAKER. The Chair thanks the eentleman. I read:

Mr. M. P. MULLEN moved that the vote by which hi, amendments to SENATE BILL No. 995 were agreed to 01

this day be reconsidered. Mr. DOYLE seconded the motion.

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

On the question recurring, the House agree to the amendments?

AMENDMENTS WITHDRAWN

Mr. M. P. MULLEN moved that the amendments b withdrawn.

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

Mr. MEBUS. Mr. speaker, I think that I speak for myself and many others who voted in the negative on that discharge resolution. It might not be the concept of the hill, but I vote "no" on all discharge resolutions because I do believe in the committee system.

Thank v o u ~

~ ~ ~ - On the question recurring, Will the House agree to the bill as amended On secOn

Mr. ZEARFOSS requested and obtained unanimou consent to offer the following amendments, which wer

- The Chair recognizes the gentleman from Chester,

Mr. Morris. For what purpose does the gentleman rise? Mr. MORRIS. I rise to a question of persona] privilege. The SPEAKER. The gentleman will state it. Mr. MORRIS. Mr. Speaker, just a short point. On

Senate bill No. 1588, I voted in the affirmative to help the young people who are going to go to the university of Pennsylvania and who need that help. There are some things, as I have said before on the floor of this House, that the university does in its financial affairs that I do not approve of, but they do not rise high enough to deprive the young people of their opportunities.

Amend Title page 1, line 3, by removing the perio after "propert;" and inserting: and providin for th crime of theft by government officials and em3oyees.

Amend Sec. 1, page 1, line 9, by striking out "a sec tion" and inserting: sections

Amend Bill, page 2, by inserting between lines 11 and 1: § 3933. Theft by government officials and employees. ,

(a), Unauthorized disposal.-A person is guilty of thel ~ f . b e ~ n g an official, officer, agent or employee of a gov ernment, he disposes of or authorizes or permits the die posal of any services, materials, supplies or labor belong ing to, or paid or contracted for by the government i any work or construction whatsoever, whether gratu ltously or for a consideration, f o ~ private rather than put lic benefit, unless such d~sposal 1s required by law.

(b) Unauthorized use.-A person is guilty of theft i

LEGISLATIVE dOURNAL--HOUSE


The SPEAKER. The Chair recognizes the gentleman

being an official, officer, agent or employee of a govern- nent, he uses any portion of the property of the gov- :rnment for private benefit without the consent of the !overnment.

Amend Sec. 2, page 2, line 12, by striking out "90" and nsertmg: 60

- - rom Delaware, Mr. Zearfoss.

Mr. ZEARFOSS. Mr. S~eaker . this amendment tracks

Will the House agree to the bill on second consideration?

Mr. M. P. MULLEN requested and obtained unanimous consent to offer the following amendments, which were read:

I provision that is f o u n i only i n the Third Class City :ode which defines as a theft, the appropriation of gov- rnment services or equipment or property by a govern- nent official, either elected or appointed. I have, in this amendment, drafted it so that i t would

le an amendment to the Crimes Code rather than the ndividual Municipal Codes, and so that i t would apply cross the board in all cases, including the home rule ommunities where that is adopted.

On the question recurring, Will the House agree to the amendments? Amendments were agreed to.

On the question recurring, Will the House agree to the bill as amended on sec-

nd consideration? Bill as amended was agreed to.

Ordered, that the bill as amended be prepared for lird consideration.

QUESTION OF PERSONAL PRIVILEGE

The SPEAKER. The Chair recognizes the gentleman 'om Philadelphia. Mr. Lederer. For what Durpose does - . - - le gentleman rise? Mr. LEDERER. I rise to a question of personal priv-

ege. The SPEAKER. The gentleman will state it. Mr. LEDERER. Mr. Speaker, had I been in my seat 1 the amendment to House hill No. 995, I would have ~ t e d in the affirmative. The SPEAKER. The gentleman's remarks will be noted 'r the record.

REQUEST TO CALL UP BILL

The SPEAKER. The Chair recognizes the gentleman om Philadelphia, Mr. Mullen. Mr. M. P. MULLEN. Mr. Speaker, if I may, on page , I would like the members to reconsider the vote upon hich Senate bill No. 1430 passed second consideration is morning. The SPEAKER. The Chair understands that we did not ove up any of the second consideration bills. Mr. M. P. MULLEN. Well, can we call i t up now?

Agreeable to order, The House proceeded to second consideration of Senate I1 No. 1430, printer's No. 1906, entitled:

An Act amending Title 18 (Crimes and Offenses) of e Pennsylvania Consolidated Statutes, providing for al- ratlon of ident~fication mark on movable personal prop- tY.

.\rn+.nd Title, puce I , l.n(: 3, by rt,rn.\.il~g thc p..riod ;&fl<:r "property" and i:~s.rt .ng: , and C dLflliillg 1 1 1 ~ ~ i f t nit. l f r,l,:cenilr. rtd. 11,llne ol,c<.vnr. a1111 fur l l l~ r

I Amend Sec. 2,lpage 2, line 15, by striking outall of said line and inserting: 5 5903. 0hsceniG.

(a) Offenses defined.-Whoever knowing the obscene character of the materlal involved:

(1) sells, lends, distributes, exhibits, gives away or shows to any person 17 years of age or older or offers to sell, lend, distribute, exhibit or give away or show, or has in his possession with intent to sell, lend, distribute or give away or to show to any person 17 years of age or older, or [knowingly] advertises in any manner anv obscene literature. motion nicture. book. maea- zine, pamphlet, newspaper,storypap<r, paper, comic hook, writing, drawing, photograph, figure or image, or any written or printed matter of an obscene nature, or any article or instrument of an obscene nature, or [whoever]

(2) designs, copies, draws, photographs, prints, utters, publishes or in any manner manufactures or prepares any such book, picture, drawing, magazine, pamphlet, newspaper, storypaper, paper, comic hooB, writing, figure, image, matter, article or thing or [whoever]

(3) writes, prints, publishes or utters or causes to be printed, published or uttered, any advertisement or notice of any kind giving information, directly or indirectly, stating or purporting to state where, how, or whom, or by what means any obscene book, picture, writing, paper, comic book, figure, image, matter, article or thing named in this section can be purchased, obtained or had, or [whoever]

(4) hires,, employs, uses or permits any minor or child to do or asslst m dome any act or thing mentioned in this - . - section, is guilty of a misdemeanor of the second degree.

(b) Obsccne defined.-"Obscene," as used in this section, means that which [, to the average person applying contemoorarv communitv standards. has as its dominant theme, iike; as a whole", an appeal'to prurient interest] is determined as obscene applying thc following guide- l inna . L...-u.

(1) whether the average person applying contcmpo- rary community standards would find that the subject matter taken as a wholc appeals to the prurient interest;

(2) whether the subject matter depicts or describes, in a patently offensive way, sexual conduct of a type hereinafter described; and

(3) whether the subject matter, taken as a whole lacks serious literzry, artistic, political, educational or scien- tific value. The types of sexual conduct referred to herein include patently offensive representations or descriptions of ultimate sexual acts, normal or perverted, actual or simulated, and patently offensive representations or descriptions of masturbation, sexual conduct such as female and/or male masturbation, fellatio, cunnilingus, anal sodomy, seminal ejaculation, sadomasochistic abuse, het- erosexual intercourse and other excretory functions and lewd exhibition of the genitals. "Communitv" for the purpose of applying the 'ycontemporary commGnity stan: dards" herein shall be considered to be the State.

(c) Minors.-It shall be unlawful for any person knowingly to [sell or loan for monetary or other valuable consideration] disseminate explicit sexual material, as hereinafter defined. to a minor. or to disnlav exnlicit sexual

I material for saie in an area to which *mikors 'have access.

On the question,

LEGISLATIVE J O U R N A k H O U S E June 29

~- ~

image of a person or portion of the human body which depicts nudity, sexual conduct, or sadomasochistic abuse and which is harmful to minors; or

(2) any book, pamphlet, magazine, printed matter however reproduced, or sound record~ng whlch contains any matter enumerated in [clause] paragraph (1) hereof, or explicit and detailed verbal descriptions or narrative accounts of sexual excitement, sexual conduct, or sadomasochistic abuse and which, taken as a whole, is harmful to minors.

* * * (h) Injunction,-The district attorney of any county

in which any person sells, lends, distributes, exhibits, gives away or shows, or is about to sell, lend, distribute, exhibit, give away or show, or has in his possession with intent to sell, resell, lend, distribute, exhibit, give away or show, any obscene literature, motion picture, book, magazine, pamphlet, newspaper, storypaper, paper, comic book, writing, drawing, photograph, figure or Image, or any wr~t ten or prlnted matter of an allegedly obscene nature, or any article or instrument of an nbscene nature, may institute proceedings in equity in the court of common pleas of said county for the purpose of enjoining the sale, resale, lending, distribution, exhibit, gift or show of such allegedly obscene literature, motion picture, book, magazme, pamphlet, newspaper, storypaper, paper, comic book, writing, drawing, photograph, figure or image, or any wrlttcn or printed matter of an allegedly obscene nature, or any article or instrument of an obscene nature, contrary to the provisions of this section, and for such purposes jurisdiction is hereby conferred upon said courts. A preliminary injunction may issue and ,a hearmg thereafter be held thereon in conformity w ~ t h the, Rules of Civil Procedure upon the averment of the d~strict attorney that the sale, resale, lending, distribution, exhibit, gift or show of such publication or motion picture constitutes a danger to the welfare or peace of the cam- munity. Prior to the issuance of a preliminary injunction, sufficient notice of the application for an injunction shall have been given to the party to be enjoined, of the time and place where the application for such preliminary injunction is to be made and the nature thereof. Thereafter the defendant shall have the right to a hearing on whether the preliminary injunction shall be dissolved or madc final, within three days of issuance of the preliminary injunction and decision shall be rendered by the court by filing a final decree in the office of the prothonotary within 24 hours, of the conclusion of the hearing. The trial judge shall f ~ l e a written mcm- orandum supporting the final decree within five days after the decree is filed. The defendant, and solely at his option, shall have the right to trial by jury at the afore- mentioned hearlng. Unless the hear!% or trial is held and the decision 1s rendered within the times specified the preliminary injunction so issued shall be deemed dissolved unless the defendant has caused or agreed to the delay. The preliminary injunction may contain a provision directing the defendant to surrender to such peace officer as the court may direct all such obscene materials as may be involved in the offense enjo~ned and directing the peace officer to destroy such obscene materials a t such time as the preliminary injunction becomes permanent and rights of review are exhausted. The district attorney shall not be required to give bond. * * ;

(j) Exemptions.-Nothing in this section shall apply to any recognized historical society or museum accorded charitable status by the Federal Government, any county, city, borough, township or town library, any public library, any library of any school, college or university or any archive or library under the supervision and control of the Commonwealth, county, municipality or other political subdivision.

Section 2. The provisions of this act shall be severable. If any provision of this act is found by a court of record to be unconstitutional and void, the remaining provisions of this act shall, nevertheless, remain valid, unless the court finds the valid provisions of this act are so essentially and inseparably connected with, and so depend upon, the void Provision, that it cannot he presumed the Legislature would have enacted the remaining valid provisions without the void one; or unless the court finds the remaining valid provisions, standing alone, are in-

complete and are incapable of being executed in accordance with the legislative intent.

Sectlon 3. This act shall take effect in 60 days.


The SPEAKER. The Chair recognizes the gentlemar from philadelphia, M ~ . ~ " 1 1 ~ ~ .

Mr. M. P. MULEN. Mr. Speaker, it is the amendmen that we discussed this morning, and I ask everyone. tl vote for it. It will outlaw hardcore pornography.


The yeas and nays were required by 1ITessrs. M. P MULLEN and PRENDERGAST and were as follows:

YEAS-159

&braham Foster. W. Iugue Ryan 4nnerson. J . a. =mind Lynch Saloon ~r thur . ~ r y e r ~ a n d e r i n o Salvatore Bcllomlni CrUaghcr .Manmillei Seheaffer "ennett caller, McCvll Schmitt

Garzla McClatchy Schweder

~ ~ ~ , t , , Geese)- McCue Seltzer cicislel. MeCinnis Shelharner

s,.adlm ~corye MeLane Shumaa Brand* c i i l r n m a l c ~ hlenhorn Shupnik nrunner Gillesple Miianovleh Slrianni U r n Gillette M i 5 . : S Smlth. E. Butera Gleeson n ~ i l 1 ~ ~ 0 ~ Smith, L. "aP*O Gooaman Morris Spencer

~ ~ , " n ~ U 1 , , Green Mrkonic Stahl Grlcco Mullen

Cimint Stapleton

Grillg Mull<.n, M. P. Stout c ~ ! , ~ ~ Halverson Miisto Taddoll30 c,,,n l?srnilton. J. H. Mvrm Taylor Crawtom Ifasay Novak Thornvs C~imberleod tiasitell Noye Trella "8:"es II:nes, D. S. O'Brien Turne~

":zz; Hayes. s. E. O'Comell valicentl i5epford o'Do~mell Vrwn I l z l i CYKeefe wansacz Hapidns Pancoast Wargo Hul~t~hson. W. Parker. H. S. weidncr

o,imi ~ a t z Perri Wcaterberg ' ;ornbroan~~ Kernick Perry m-elan IDorr Kistler Petrarea Wllson Doyle 1;lingamso Pztts Wilt. R. W. ':m'be'bu Koltcr Polite Wilt, W. W. ! : c k C " h r ~ Kuwalyrhm Wo;rilom

G2$ztwa Klls8e Prendergast wrlght I.-ittdadio Pyles Yohn ~ . a o ~ $ ~ l m Rave~~stalll Zearfosa

nseher Leln Reed Zener her ~e t t e rman ~mwick zord F!a l>em ~ r v i Rieger Z d k l Foster. A. L U I C O I ~ Ruggiero

NAYS-28

Jam. J. Oliver Shane KcGly, A. P. Pievsky Ton ~~~~~~ ICeUy, J. B. Happaport Wlggins

Dumas l -a~am-B Renninger WllUams Greenfield Mebus Rhodell hutctltneon. A. illiller. M. E. Ritter f i e m a n . 1r"'s I\I~SCCYICLI Seiri~a Speak Itkin ibrcehlmann

NOT VOTING-16 scran Knepper Rlchardron Wagner Cole t.ederer Ross walat,. T, P Gleason McCraw Sheiton Wojdak "P":nOck McInt)le Ustynoski Yahner

So the question was determined in the affirmative ar the amendments were agreed to.

On the question, Will the House agree to the bill as amended on seco~

consideration? Bill as amended was agreed to.


REQUEST FOR INFORMATION The SPEAKER. The Chair recognizes the gentlemun

from Delaware, Mr. Doyle. Mr. DOYLE. Mr. Speaker, might I inquire as to the

status of Senate bill No. 995 at the present time? The SPEAKER. The bill was moved to a final-passage

position. Mr. DOYLE. Will it be called up today for final pas-

-

Ordered, that the bill as amended be prepared for third consideration.

An Act amending the act, of April 9, 1929 (P. L. 177, NQ. 175), entitled "The Administrative Code of 1929," changing the name of the Pennsvlvania State Oral School for



~~~

llir Dvaf :,lid a J u ~ n g pro\.lil ,ns elating :o ~LI :L .~K, ;L . , hu- t l ~ ~ r l ~ e d by the hcdrds oi t r~~ i tc , : , u i 51-tc init l lutl ,n~ \\.!thin the Dvp?nt!,cnt of E ~ U C ~ ~ L J I L .


Ordered, to be transcribed for t h r d consideration.

iage? The SPEAKER. Tomorrow. Mr. DOYLE. Tomorrow? Would then the Chair en-

tertain an amendment to Senate bill No. 995: The SPEAKER. Tomorrow. Mr. DOYLE. Let me explain first that putting into

Senate bill No. 995 the ~rovis ion of Senate bill No. 1430,

nent tomorrow. Mr. DOYLE. Thank you, sir.


bill No. 1237, printer,s No, 1482, entitled:

A n Act establishing the doctrine of comparative negligence in actions for damages for injuries due to negligence and providing for recovery against and contribution amone ioint defendants.

t shall be as i t stood prior to Mr. Mullen's amendment. I have the amendment prepared here. I t has just not

leen distributed. The SPEAKER. The Chair will entertain the amend-

I Agreeable to order, The House proceeded to second consideration of Senate

- - And said bill having been considered the second time

and agreed to, Ordered, to be transcribed for third consideration.

- An Act amending Title 66 (Public ,Utilities), of the

>ennsylvania Consol~dated Statutes, adding provisions re- And said bill having been considered the second time ating to public utilities and making repeals. and agreed to,

Agreeable to order, The House proceeded to second consideration of House

>ill No. 2277, printer's No. 3020, entitled:


An Act amending the act of August 24, 1963 (P. L. 1132, No. 484), entitled "Community College Act of 1963," f u - ther nrovidme for tuition.

An Act making an appropriation to the Historical So- On the question, iety of Pennsylvania, Philadelphia, Pennsylvania, for will the souse adopt the resolution? iaintenance and eeneral ooeratlon. I

- -

And said bill having been considered the second time nd agreed to, Ordered, to be transcribed for third consideration.

Agreeable to order, The House proceeded to second consideration of Huuae

till No. 2491, printer's No, 3423, entitled:

An Act making a n appropriation to the Reading School )istrict for capital improvements of a public museum.

And said bill having been considered the second time nd agreed to, Ordered, to be transcribed for third consideration.

Agreeable to order, The House proceeded to second consideration of House

ill No. 2552, printer's No. 3563, entitled:


DISCHARGE RESOLUTION ON HOUSE RESOLUTION No. 236 CALLED UP Mr. DREIBELBIS called up for consideration, from

page 21 of today's calendar, the following discharge resolution on House resolution No. 236, printer's No. 3036:

In the House of Representatives, June 23, 1976

RESOLVED, That House Resolution No. 236, Printer's No. 3036, urging the Congress of the United States to call a Constitutional Convention to propose an amendment to the Constitution to balance the public debt, having been referred to the Committee on Rules on March 31, 1976 and the committee not having reported the same to the House for a period of over 15 days the committee is discharged from further consideration thereof.

- Agreeable to order, Committee on Rules b y this resofution. The House proceeded to second consideration of Senate This resolution was called up by the chairman of the

ill No. 898. printer's No. 999. entitled: Committee on Rules. I t was tabled by a vote of the Rules

- ~

And said having been 'Onsidered the second lime nd agreed to, Ordered, to be transcribed for third

The SPEAKER. The Chair recognizes the minority leader in connection with the discharge resolution appear- uig on page 21.

Mr. IRVIS. Mr. Speaker. I oppose the discharge of the

A Joint Resolution proposing a n amendment to the onstitution of the Commonwealth of Pennsylvania pro- (ding for filling vacancies in the office of justice, judge

justice of the peace.

And said bill having been considered the second time l d agreed to, Ordered, to be transcribed for third consideration.

Committee, and I would ask that the vote on this resolu- be in the negative.

The SPEAKER. The Chair recognizes the gentleman from Centre, Mr. Dreibelhis.

Mr. DREIBELBIS. Mr. Speaker, this discharge resolution, of course, is to discharge the Committee an Rules from the consideration of House Resolution 236, which


pp p~~

had 60 some sponsors of this House, and I think it full? deserves the right of a vote of the House.

I will not talk about the merits of the bill, but I will say that this resolution, the House will remember, is thc one that was sponsored by the many memhcrs to ratifr the United States Constitution against deficit spending Eleven states have already passcd it. It is important thal Pennsylvania follows suit. I would ask for support of thc discharge resolution.


Mr. IRVIS. Mr. Speaker, I ask for a negative vote.


Agreeable to the provisions of the constitution, the yeaL and nays were taken and were as follows:

YEAS-1OS

Abraham Anderson, I. Arthum Rellomfnl Bittle Bradley Rrondt mu- CeSaar Cimtnl cowell CIlmberland Ilwerter DeW-e Diearlo Qetz Dinlnnl D o m b m d !lor? iircibelbl. Fawcett I'lseher I'isirer rlnh&ty i'uater. A. Foster. W. Frelnd Fryer

Gallen 1,ineoln tieesey Lynch George Manmillrr Gillespie McCaI1 tiluette MeCinlcily Goodman hlrcue Green McGinnin Griieo Mzller, M. E. Gring Millcc., M. E., Jr. Hnivenon nl:liiron Ha96y M I S C ~ Y ~ C ~ ilaskell Mueh1m;in:l Hayes. D. S. Morns Hayel. S. r. Mrkonic Hepford Muilcn. M. 1' H111 M Y C ~ !iutehinson. W. Lioyr Itkin O'Brien Kuiz O'Connell Kelly, J. B. O l )u~~nei! Kernick O'Krele Kistler Peril !a,ngaman Pitts i y s s e Pratt ~ c h r Pylrs Letternla, izwminger Lev, Xenwick

Xarber tidialer Uennett tiiamrnareo :irnm Gleeson merson Greenfield aonetm Hamilton, J. H. Urumer ~ o p x l n s Butera Iiutehloson. A. Caputo l r r ~ Cianciulli Johneon. J. Cohen Kelly, A. P. Crawtord Icolter Uavtes Kowalyahp rDrMedio LaMaree 1)inonato Laudadlo Doyle ~ ,uughM Dumas Lcllerrr Eekenabeqe Logue T!:nglehart Vlanderino Fee McIntyrB callugher nnc~an r Garzin Mebus

Ryan Salonm ScheaRer Selnea Seltzer Shane Shelhamer Sirianni Smith. I.. Spencer Stnhl Stapldan Taddonlo Taylor Thomas Turner vroon Wansaez WeiZner Whelan Wilson Wilt. R. W. Wflt. W. W W o ~ r i l O ~ Wtilht

Menhorn Salvatore Mlianuvlch Schmitt Mullen Schweder M u ~ t o Shr l tm Novak Shumm OUYU. Shupmk I'aneoast Smith, E. Parker, H. S. Stout Perry Toll Piev~ky M l o Poiite VaUcentl Prendergast Wargo Rappaport U'estezberg Ilasenstalll w i g ~ i n s Reed William3 Rhodcr Yohn Richardson Zord Rieger ZILkl Ritter

NOT VOTING-12

from Centre, Mr. Dreibelbis. For what purpose does the gentleman rise?

Mr. DREIBELBIS. I rise to a parliamentary inquiry. The SPEAKER. The gentleman will state it. Mr. DREIBELBIS. Is it in order to vote the resolution

now? The SPEAKER. The resolution will appear on tomor-

row's calendar. Mr. DREIBELBIS. Okay. Thank you.

RECONSIDERATION OF VOTE ON SENATE BILL No. 1598

Mr. IRVIS moved that the vote by which SENATE BILL No. 1598, printer's No. 2016, entitled:

An Act making an appropriation to the City of Harris- burg, Pennsylvania.

was agreed to on final passage on this day be reconsidered

Mr. MANDERINO seconded the motion.



SENATE BILL No. 1598 PASSED OVER

Mr. IRVIS moved that SENATE BILL No. 1598 b+ passed over for the day.


RECONSIDERATION OF VOTE ON SENATE BILL No. 46

Mr. BERLIN moved that the vote by which SENATI BILL No. 46, printer's No. 544, entitled:

An Act regulating the licensing, inspection and opera tion of ambulance services, providing standards for t h certification of ambulances and ambulance personnel, pro viding for renewal and revocation of licenses and provid ing penalties.

was defeated on this day be reconsidered. Mr. S. E. HAYES seconded the motion.


On the question recurring, Shall the hill pass finally?

SENATE BILL No. 46 PLACED ON FINAL PASSAGE POSTPONED CALENDAR

Mr. BERLIN moved that SENATE BILL No. 46 k placed on the final passage postponed calendar.

the resolution was adopted.

PARLIAMENTARY INQUIRY

Beren Iiammoek Petrarca Walsi1. T. P. Cole Knepper u ~ y n u s k ~ woji3ak Giea6011 iMeGraW UJagner Yahner

So the question was determined in the affirmative, and

RECONSIDERATION OF VOTE ON DIETZ AMENDMENTS TO HOUSE BILL No. 1833

On the question, Will the House agree to the motion? lllotiM' was agreed

The SPEAKER. The Chair recognizes the gentleman] Mr. McCALL moved that the vote by which the Die;

1976. LEGISLATIVE JOURNALHOUSE 5733

amendments to HOUSE BILL No. 1833 were agreed to on consent to offer the following amendment, which was June 15, 1976 be reconsidered. i read:

Mr. RYAN seconded the motion



HOUSE BILL No. 1833 AND AMENDMENTS TABLED

Mr. McCALL moved that HOUSE BILL No. 1833 an the Dietz amendments be tabled.


Amend Sec. 2, page 2, line 29, by inserting after "Hos- pital": and the Marcy State School and Hospital


The SPEAKER. The Chair recognizes the gentleman from Philadelphia, Mr. Greenfield.

Mr. GREENFIELD. Mr. Speaker, this is also corrective language.

On the question recurring, Will the House agree to the amendment? Amendment was agreed to.

On the question recurring, Will the House agree to the bill as amended on third

APPROPRIATION BILL I consideration?

ON THIRD CONSIDERATION Bill as amended was agreed to.



On the question, Deverter Gallen McGinnis Smith. L. Dietz Geesey Mlsee~lch Thomas Will the House agree to the bill as amended m third DO,, Haves. S. E. Nove Wilt. W. W


The question is, shall the bill pass

An Act amending the act of June 12, 1973 (P. L. 56, No. 24), entitled "Capital Budget Act for Fiscal Year 1972- 1973, Public Improvement Proiect Itemization Supple- ment, Emergency Life Safety Code Improvements-The General State Authority," increasing a project and adding a project.

On the question, Will the House agree to the bill on third consideration? Mr. GREENFIELD requested and obtained unanimous

:onsent to offer the following amendments, which were lead:

Amend See. 1, page 1, line 10, by inserting after "Clause A": , and the total authorization

Amend Sec. 1, page 1, line 14, by inserting after "Au- :hority," ": Clause A and the total authorization of Sub- livision 1 of Clause B amended October 10, 1974 (P. L. 725, No. 244)

Amend See. 1 (Sec. 2), page 2. line 4, by striking out '[$59,813,000]" and inserting: [$62,792,000]

Amend See. 1 (Sec. 2), page 2, line 6, by striking out all lf said line and inserting: 63,962,000

Amend Sec. 1 (See. 2), page 2, line 8, by striking out '[59,372,0001 and inserting: [61,800,000]

Amend See. 1 (See. 2),,page 2. line 10, by striking out 111 of said line and inserting: 62,970,000

Amend See. 1 (Sec. 2), page 2, by inserting between ines 22 and 23: * * *

Amend See. 1 (See. 21, Page 2, line 23, by striking out '(40)" and inserting: (47)


The SPEAKER. The Chair re'cognizes the gentleman rom Philadelphia, Mr. Greenfield.

Mr. GREENFIELD. I understand that these amend- nents are corrective language only, Mr. Speaker.

On the question recurring, Will the House agree to the amendments? Amendments were agreed to.

yeas

eakel

Agreeable to the Provision of the Constitution, the and nays will now be taken.

YEAS-171

Abraham Geisler MeCall ROSS Andemon. I. H. George MeClatchy Ruggiero Arthurs Giarnrnareo McIntyre Ryan

::;;%,,, Gillespie MeLane Saloom Gillettc Mebus Salvatore

Bennett Gleeson Menhorn Scllweder gEiz Goodmen Mllanovich Scirica Green Miller. M. E. Seltzer

Berson Greenfield Miller. M. E.. Jr. Shane Bittle Grieeo Milliron Shelhatner nonetto Gring Moehlmonn sheiton Bradley Halverson Morris Shuman B m d t Hamilton. J. H. Mrkanie Sbupnik BrUMer Hasay Mullen Sinanni E:ga Haskell Mullm, M. P. Smith, E.

Hayes, D. S. Musto Spencer Caputo Hepford Myers Stahl cessar Hill Novak Stapleton 2ianciulU Hopklns O'Brien Stout CimiN Hutchinson, A. O'Conneil Taddonlo Coben Hutchinson. W. O'DonneU Taylor or,, Irvis O'Keefe Toll

Cumberland Itkin Johnson. J. Oliver Trrllo Pancoast ~~~i~~ Katz Parker. H. S. Tumer Valicentl DeMedlo Kelly. A. P. P e r ~ i Vroon DeWeese ~ c i l y , J. B. ~ e r r y Wmsacz Diearlo Kemick Petrarca Wargo gtzSto Kistler Pievsky Weidner

Klingaman Pitts Westerberg Dombrowald Kolter Pollte Whelm Doyle Kowalyshyn Pratt Wiggins Drelbelbla LaMarea Prendergast Williams Dumas Laudadto Pyles Wilson Eckensberger LaughUn Rappaport Wilt, R. W. Englehart Lederer Ilaurnstahl Wurrilo~v ~ ~ ~ ~ ~ t t Lebr Reed wngb t Fee I .et teman Renninger Yohn Fischer ~ i ~ h ~ ~

Lincoln Renxx-iclr Zearfoss Logue Hhades Zwikl

Flaherty ~.ynch Hichardsor~ Foster, W. Mandelino Rieger Ffneman, Gallagher Manmiller Rittrr SP GaP?iB

NAYS-22

onsideration? Poster, A. KU~SL ~&eaf f e r zell ir I Freind Mr. GREENFIELD requested and obtained unanimous1 L e d sehmitt zord McCue

5734 LEGISLATIVE JOURNAL--HOUSE June 29,

NOT VOTING-10 i RULES SUSPENDED

requested.

Cole Wepper Wagner Wojdak Gleasan McGraw W&. T. P. Yahner Hammock Uetynwkl


Ordered, i hat the clerk return the same to the Senate with information that the House has passed the same with amendments in which the concurrence of the Senate is

CONSIDERATION OF HOUSE BILL No. 1833 RESUMED

The SPEAKER. For the information of the memher- ship of the House, the Chair had entertained a reconsideration motion made by the gentleman, Mr. McCall, on t b ~


Mr. IRVIS. Mr. Speaker, I move that the rules of the H~~~~ he temporarily suspended,

~h~ SPEAKER. F~~ what purpose does the gentleman, Mr. Itkin, rise?

M,. ITKIN. Mr. Speaker, to discuss the suspension of the rules,

I just want to briefly that I will vote against the . . - suspension of the rules because you did not provide me, just last night, with the same courtesy that you are extending today.

The SPEAKER. The gentleman is free to proceed to vote as his conscience dictates.


Dietz amendment. Now, as of today, more than 5 legislative calendar days The yeas and nays were required by IRVIS and

have elapsed since the amendment was adopted. The ITKIN and were as follows:

Ross Ruggiero Ryan Ssloom Salvatore Scheeffer schmitt Schweder Sdrlca Shane. Shelhamsr Shelton Shuman Shupnlk s i n m n l Spencer Stah1 Stapleton stout TaddoTlh: Taylor Toll Trello Turner ValicenU Wamaez Wargo Weldner Westerberg Wiggins wornlow Wright Yohn Zeller zmk1

Chair ha8 been at fault in not moving the reconsideration motion at an earlier time. The reconsideration motion had been presented to the Chair within the 5-day period. In order to do this now, the Chair will reconsider its position that the reconsideration motion was agreed to and will have to take up the matter of a suspension of the rules.

The Chair recognizes the gentleman, the majority leader.

Mr. IRVIS. I move to take House hill No. 1833 and the amendment from the table.

The SPEAKER. The question now hefore the House is on the matter of the suspension of the rules so that the gentleman, Mr. McCall, may offer a reconsideration motion. The Chair would ask the membership of the House to accord the gentleman the opportunity to do this since the fault lies with the Chair in not moving the reconsideration motion within the designated 5-day period.

The Chair recognizes the minority leader. Mr. BUTERA. Mr. Speaker. I missed part of it. Did

the gentleman give you a reconsideration motion within the 5 days?

The SPEAKER. He did, but the Chair did not move on it.

POINT OF ORDER The SPEAKER. The Chair recognizes the gentleman

from Lehigh, W. Zeller. Mr. ZELLER. I rise to a point of order. The SPEAKER. The gentleman will state it. Mr. ZELLER. Mr. Speaker, may I have the attention

of the House? Mr. Speaker, I do not know of anyone who I like more

than I do Mr. Tom McCall, but had I asked for any kind of consideration, there are certain people who would not get it. And that is one of the problems that I think is going on in this House. We have got to keep it on the same keel. I would like to see Tom get a break. I like to see everybody get a break. But let us think about Zeller once in a while, too.

The SPEAKER. Mr. Zeller, the Chair endeavors to be fair to everyone no matter on which side of the aisle he is and no matter who the personality is who is involved.

Whelm Wilson Wllt, H. w. Wilt. W. W Zearfoss zore

YEAS-164

Gallagher 2"6,$zn.J,a Gallen Manderino MeCnU

h t h , G m d s MrClstchy Geisler .McGlnnls George McIntgre

~,,,n Giammareo irleLonr Beren GIIlespie M e b o ~ Berlin Glllette Menhorn

E:Gzn Gleeson hl lIar:~vi~I~ Goodman Miller, M. E.

Bonrtto Green nli!ler. M. E.. Jr

g%zr Greenflcld Milllron Griem Misccvl<:h

BU- Salverson .von'is

E;;; Hamilton. J . H. Mrkonic Haskell Mullen. M. P.

cessar H ~ Y ~ ~ . U. 8. Mullru g;zFi Heptord MUSUI IIill Myerr

c,h,, Hopklnr ~ o v s k c o w e u Hutchinson. A. O'Drirn C u m b u h d FIutehlnsos W. O'Colnreli Davles m i s O ' D O ~ ~ ~ I I DeSledio Johnson. J. O'Keefe Deverter Katz Oliver DeWeese Kelly. A. P. Pancoast Dlearlo Kelly, J. B. Parker. H. S . DiDonato Kermek Perri ::;?- "st'er Perry

Klingsman Petrarca Dreibelbt. Kolter ~ i e u s k y

KowalsPhVn Polite i;z&berlor ICusre Pratt EnglehPTt LaMlVa Prendergasl Fee Laudadfo P y l e ~ EYseher LaughUn Happaport nsher Lederer Ravenstah1 Flaherty Letterman Reed Foster.*. LCYI Rennlngel Foster. W. Llnmln Renc~ick Frelnd Logue Rhodes Fryer Lynch

NAYS-26

Brnndt Grins Noye Crawford Hasay Pit* DMZ m y e s . s . E. smith. E.

g o ' I W n S m t h . L .

I.enr Thomas mw,m Manmlller Vroon Geese7 McCue

NOT VOTING-13 McGraw Ustynoskl

~l~~~~~ Moehlmsnn Wagner Hammock Seltrer Walsh, T. P .

So the question was determined in the the motion was agreed to.

Williams Wojdak Yahner

affirmative

?ader. feating this amendment. I will not prolongthis debate, Mr. BUTERA. Mr. Speaker, before I just address a but I ask the friends in the House to support me in this

ew remarks, a "yes" vote at this time means what and a endPavnr.

-- - --

RECONSIDERATION OF VOTE ON DIETZ AMENDMENTS TO HOUSE BILL No. 1833

Mr. McCALL moved that the vote by which the Diet2 lmendments No. 1833 were agreed to On

rune 15, 1976 be reconsidered. Mr. RYAN seconded the motion.



The SPEAKER. The Chair recognizes the minority

tunities to my area, in addition to the cultural aspects that it could present.

Let me point out to the House that in 1950 the deep mines in my area closed and 5,000 men were out of work. But they did not come to the House of Representatives and ask to be put on welfare; they went out and found jobs, other jobs. Now in my area there is a possibility for an arts center to be constructed. The total picture is this: By this project, the economic situation that we have there could be developed into future jobs for the people who are out of work right now.

I stand at this microphone not at the urging of anyone but myself in my district and I ask the members of this House to remember the days that the hard coal regions did not have the work and to give us your support in de-

no" vote means what? The SPEAKER. A "yes" vote is in favor of the adop-

on of the amendment offered by the gentleman, Mr. lietz. Mr. BUTERA. All right. Mr. Speaker, I rise to urge a

yes" vote on illt. Dietz's amendment. As you may recall, Mr. Dietz's amendment amended the

apital budget to remove from that budget the Pocono .rt Center. We debated this matter, I believe, last week, nd I do not think it needs rehashing. The key point 1 link was made by Mr. Zearfoss, I believe, when he sug- ested that while no one or very few people will oppose le concept of an arts center, many of us oppose the con- ruction of a $25-million project in a beautiful area of ennsylvania but not necessarily near where the people, h o theoretically would benefit from this kind 01 a ?en- a , live. We have so many opportunities to snend this ind of money in areas nther than the promotion of the 'ts. But even if we wanted to spend some of it to pro- cote the arts and make them available to the mass of ?ople in Pennsylvania, I think that we should better bend our money in the Philadelphia region, at the Tem- e Music Festival, where we already own the land. It already partially and very bear~tifully dcvelopcd; theri

e already facilities which could house summer Programs do exactly what, I presume, is proposed here in the

icono Art Center concept. If we mere goins to list the ts in the Scranton-Wilkes-Barre area, I should think at we could find a college or an institution in that area hich could use some additional funds to structure a new ogram; likewise in Erie: likewise in Pittsburgh; like- ise in Johnstown and anywhere else.

- ~ . ~ ~ Thank you.

The SPEAKER. The Chair recognizes the gentleman from Northampton, Mr. Kowalyshyn.

Mr. KOWALYSHYN. Mr. Speaker, I rise in support of Tom McCall's request that the appropriation for the PoC~no Art Center be retained in the bill. The proposed arts Center is in Tom McCall's legislative district in Car- bon County, in the western Poconos.

The proposed Pocono Art Center is an honest-to-good- ness and genuine arts showcase for all of the people of Pennsylvania. MY only objection is that from the start it should be called the Pennsylvania Art Center.

Please consider these positive features. We are not talking about a n elitist hideaway in some out-of-the-way place, but a living, enriching arts center for the performing and manual arts located amidst some of the most beautiful acreage in Pennsyivania and yet within easy access from all parts of the state, particularly by way of the northeastern extension of the Pennsylvania Turnpike and Interstate Route DO. We are talking about a facility to be erected and maintained year round on state-owned land near the Francis E. Walter Dam at the headwaters of the Lehigh River, a place which will not be jeopardized by commercial development or urban sprawl.

he proposed art center is not just a big expr+riment for the benefit of a limited few, rphis has already received the benefit of the thinkillg of one of pennsylvania's great planners and the late ~~~i~ Kahn. hi^ proje& has received the commitment that it will he the summer home of one the great musical oraanizations. the Philadelohia Orchestra.

It is just beymd me why this administration, after lving been rejected on this project On so Occa- ins, for valid reasons, should continue to sponsor it. And suggest that we reject it once and for all, but not reject e concept embodied therein, and perhaps take a look at omotion of other existing facilities elsewhere in this

- & ~~ ~ - ~ - ~

1, addition, there is no question that this project can count on receiving the cooperation of such topflight groups as F~~~ waring and the pennsylvanians,

To legislators thinking of such things as money for potholes and welfare payments and school teachers' salaries, this ~ r o ~ o s a l may at first blush sound imnractical.

ate.

The SPEAKER. The ChaiI. recognizes the gentleman i m Carbon, Mr. McCall. Mr. McCALL. Mr. Speakcr, the minority leader refer- d to other areas of the state, and that is exactly why I m t this reconsidered today. The district that I represent s always taken a back seat to other areas of the state. ~d when this development occurred, the pocono Art nter, it brought the possibility of employment oppor-

. Yet, 'each b n e of us will certainly agree that while we must first feed the body, we must also be diligent as responsible individuals to nourish the spirit.

While we seek the best answers to tangible problems, we should not ignore intangible values. By giving our financial support to this project, we can help join together in one place some of what is the best in physical nature with some of what is the best in human nature.

I respectfully urge that we do not let this opportunity

5736 LEGISLATIVE J O U R N A L H O U S E June 29

simply pass by. I believe the poet and philosophizer, Bradley I Hutchlmon. A. O'Brirn Sltelton CianeiulU

Geothe, summarized our present opportunity in one sen- Cohen Jahnaon, J . O'Donnell Shunan Kelly. A. P. O'ICeefe Shupllik

tence. This is the quotation: "Art is long; life short. DiDonatv ~ o w a l y s h y n Oliver Taylor

Judgment difficult; opportunity transient." That is the quotation.

As Pennsylvania legislators, while year after year we have our budgets and we meet our short-term objectives, I believe that if we fail to support this ar t center, in the long run every Pennsylvanian will be the loser. I urge a negative vote on the Dietz amendment.

The SPEAKER. The Chair recognizes the gentleman from Allegheny, Mr. Itkin.

Mr. ITKIN. Mr. Speaker, I rise in support of the Dietz amendment

Perry Toll Lederer Petzarca lvaruaer

Dumas Lincoln ~ i e v s k y Wargo :g:leha* Logue Fratt Wiggins

Mecall Prendr.rgast Willterns F O ~ , , , w, xclntme Hnppu~ort GaUaaher ~ c ~ a n e llavenstahl Fineman, Garz~a Menhorn Heed wsler

Speak<

NOT VOTTNG-14 ............. Berl,,, f f ie~per I'stynnski walsti, T P. Cole L B M ~ ~ C . vaiicentl wold&

~ ~ ~ ~ O e h McGraw Wagner Yahner Rhodes ................

If you look in House bill No. 1833, you will see that the cost for this particular project is just for phase I. We are talking about $25 million for just the first part of the construction of this program. I do not know how many other

On the question recurring, Will the House agree to the amendments:

So the question was determined in the affirmative an the amendments were agreed to.

QUESTIONS 01' PERSONA], PRIVILEGE phases there aregoing to be and what additional costs are going to be incurred through phases 11, 111, IV, et cetera.

I would like to point out that this cost is borne by all of us throughout the entire Commonwealth. If you examine your district, if you vote against the ~ i ~ t ~ amendment, you are saying that you are willing to extract $125,000 from each of your own districts to provide for this facility. What you have to think about when you cast your vote is whether you are willing to appropriate $125,000 from your constituents to pay for this project, which they may not have available for their use. Thank you.

The yeas and nays were required by and McCALL and were as follows:

- - - ~ - ~ . -

The SPEAKER. The Chair recognizes the gentlema from Franklin, Mr. Shuman. For what purpose does th

rise? Mr. SHUMAN. I rise to a question of personal priv:

lege. The SPEAKER. The gentleman will state it. Mr. SHUNAN. I want to change my vote to tf

affirmative on the Dietz amendment to House bill N 1833.

The SPEAKER. The remarks of the gentleman will k spread upon the record.

Ahrahlm Anderson. J. E Beren Bittle Brandt Brunnez B u m Butera caputo CeBSlV Ciminl c o w e n Crawford Cumberlad Davier DeMedio Deverto DeWeese Dicarlo D l e u Dintnni DOIT Dreibelbh E~kemberlez Fvweett Fisher Fischer Flahnb Foster. A. Freind

Flyer L m c h Gallen Manderino Geeaey Manmiller George MeClatchy Green Mecue Grieco McGinnll Gring Mebus Halversun M~lanovtch Hamilton, J. H. Miller. M. E. H a s w Miller, M. E., Jr. H a s k d Milliron Hayes, D. S. Mlscevieh ~ a y e s . 5 . E. Moehlmam Hepford Morris Hill Noye Hopkina O'connell ~ u t c h i m o n . W. P m e o a ~ t I w l l Parker. H. S . . Katz Htta Kelly. J . B. Polite Kerniek Pries Kistler Renninger Klingaman Renwiek Kolter Rltter K u s e Ryan Laudedio Ss lmm Lehr Salvatore Letterman Scheaffer Levi

NAYS-71

Messrs. DIEl

Selrica Seltzer Shane Shelhamer Siriannl Smith. E. smith. L. Spencer Stah1 Stapleton stout Taddonio momaa R d l o Rvner Vroon Weldner Westerberg Whelm Wilson Wilt. R. W. Wilt. W. w. Warrilow Wright YOh" Zaarlasn zmv Z"rd zwkl

' 2

The Chair recognizes the gentleman from Alleghen Mr. Mrkonic. For what purpose does the gentleman rise

Mr. MRKONIC. I rise to a question of personal priv lege.

The SPEAKER. The gentleman will state it. Mr. MRKONIC. Mr. Speaker, on House bill No. 183

on the Dietz amendment, I inadvertently voted "naj when I should have voted "yes." I would like my rt marks noted for the record.

The SPEAKER. The gentleman's remarks will be no ed for the record.

Mr. MRKONIC. Thank you.

On the question, Will the House agree to the bill as amended on thil

consideration? Mr. GREENFIELD requested and obtained unanimo,

consent to offer the following amendments, which we read:

Amend Sec. 1, page 1, line 20, by striking out all said line and insert~ng: $159,260,000

Amend Bill, page 17, by inserting between lines and 15: XIII. Pennsylvania Historical and Museum

Commisslon ................... .. ......... .. ............ 7,503,01 (1) Academy of Natural Sciences in Phila-

delphia ....................................................... 7,503,O) (Base Construction Cost $6,100,000)

Amend Sec. 2, page 17, line 21, by striking out "$151 157,000" and inserting: $159,260,000

Amend Sec. 5, page 18, line 10, by striking out "$151 757,000" and insertmg: $159,260,000

~ i a m m m o Mrkonic Richardson Arthun Barber Gillespie Mullen. M. P . Rieger Bellomin1 GiUettc ~Mullpn R a s Bennett G l e ~ o n Musto Ruggiero Berson Goodman Myers Schmitt


The SPEAKER. The Chair recognizes the gentlem;

Benetto GreenLleld Novak Schweder from Philadelphia, Mr. Greenfield.

1976. LEGISLATIVE J O U R N A k H O U S E 5737

Mr. GREENFIELD. Mr. Speaker, I am offering this 3mendment at the request of Mr. Wojdak, chairman oC the Appropriations Committee.

I think I can serve the purpose best by reading this material. It calls for an increase of $7.5 million to the Pennsylvania Historical and Museum Commission and to

of Pennsylvania are entitled to the same consideration, some of which may be more worthy and some of which may not be quite as worthy. Mr. Speaker, I think i t is a wrong posture for this General Assembly to take to adopt a n amendment such as this, regardless of the merit of the building. I ask a "no" vote on the amendment.

the Academy of Natural Sciences in Philadelphia. Mr. Speaker, the Academy of Natural Sciences pro-

mses to create a conservation museum illustrating Penn- ylvania's Echo systems such as forests, meadows and aaters.

The exhibits contained in this museum will illustrate .he natural function and correct use of such systems. Visitors to the museum will be able to walk through a latural forest and learn how proper management can .educe man's impact on the forest. In addition to the najor Echo systems, various smaller exhibits will be leveloped to supplement the teaching program.

The conservation museum will be divided into four najor sections: One, Pennsylvania waterways; two, 'ennsylvania prairies and forests; three, urban ecology; ~nd , four, Pennsylvania natural history.

I urge an affirmative vote in the interest of the cul-

ield, show me a copy of the amendment, please? 1 l"'.lO1 *. AT-- .--

The SPEAKER. The Chair recognizes the gentleman from Bucks, Mr. Wright.

Mr. WRIGHT. Thank you, Mr. Speaker. I am one of the two members of this House who repre-

sent you on the Pennsylvania Historical and Museum Commission. To the best of my knowledge, the His- torical and Museum Commission has not passed judgmcnt on this project, has not requested the $7% million, and would, if requested to make a decision, I am sure, suggest that the bill stand on its own merits; that the money, if it is the desire of this House, be appropriated directly to the institution in Philadelphia and not through the Pennsylvania Historical and Museum Commission.

I would suggest a "no" vote on this amendment and that the subject material itself ought to be a separate item in a nonpreferred appropriation bill.

ural and educational value which this restoration and .enovation project on natural science will provide to all vithin the Commonwealth and all visitors to our state.

I think it will whet the appetite of many who are ~ o u n d by their limited environmental positions and ~robably give a vision beyond the limited scope that they ,njoy at the present time. I urge an affirmative vote.

The SPEAKER. The Chair recognizes the gentleman rom Lebanon, Mr. Seltzer.

Mr. SELTZER. Mr. Speaker, I apologize to the gentle- nan, but I cannot find the amendment.

Could the gentleman from Philadelphia, Mr. Green-

I Y n l - l O , The SPEAKER. The Chair will send a copy down to

he gentleman. Abraham Gcesej McCall Schmitt 4nrlerxon. J. H. Geisler McClatchg Sehweder

Mr. SELTZER. And then, Mr. Speaker, I think I have 4rthm ~eorze McCue SFLrlc.

On the question recurring, Will the agree to the amendments?

The Yeas and nays were required by Messrs. GREEN- FIELD and SELTZER and were as

YEAS--41

Gnrzia McIntyre Rleger ".ellomini Berson

Gleeaon Myers Roes Greenfield No ye R u ~ g i e m

Cohen Kelly. A. P. O'Donnell Wigglns

gFD",':; Kowalyshyn Oliver WiUlama 1,audadio P e m

DombroV.ld Lederer Plevslry Hneman. EEce Manderino Renwlek Speaker

everal questlons of the gentleman. Bennen clam&areo McGInnl. Seltzer Beren Glllemle RlrLane Shane

Mr. Speaker, could we be a t ease for a moment. I Q-~M,, c-il~~tt~ ~ ~ h ~ , . sh&hamer

The Chair recognizes the gentleman from Lebanon, zzza ti-. Seltzer.

hink the gentleman has the amendment drafted to the ~ r o n g printer's number.

The SPEAKER. The House will he at ease.

~~

aiti'e ilonetto 8radley ~ r s n d t 1 m n m

. . . .- -. .- Goodmen Green Grleco Grfng Halvemm Hamilton, J . H. Hasay Hvskell Hayes, D. S. Hayes. S. E. Hepford Hill Hopklns Hut~himon. A. Hutchioson, W. 1mis Itkin Kata Relly. J. B. Kerniclr Kistler Klingaman Kolte" Kusse LaMarc* Lauehlin Lehr L.d teman 1.ei.l Lincoln Logue L7neh Manrnlller

Mr. SELTZER. Mr. Speaker, as I tried to fit the mendment into the bill, I ran into a problem because it ?as drafted to a different printer's number, but I am ertainly not going to object to that because it is very lear what the sponsors of the amendment are attempting 3 do. I just hope we will speak to the merits of the mendment. If I may, Mr. Speaker, this 87% million for the con-

truction of the Academy of Natural Sciences in Phila- elphia is for a private institution that has no direct or >direct connections with this Commonwealth of Penn- ylvania. By adopting this amendment, which would rant the money to the Pennsylvania Historical and Mu- eum Commission, we are certainly just circumventing i e Constitution of Pennsylvania. I think it is wrong, because if the Academy of Natural

ciences is entitled to have a $7%-million building built >r them, every other and all other private institutions

. . . - - -- Menhorn Milenovich Miller. M. E. Miller, M. E. Milliron M ~ S C B V ~ C ~ Moehlmann Morris Mrkonic Mullen Must0 Novek O'Brlen O'Connell O'Keefe Pancoast Parker. H. S Perrl Petrarca Pltts Polite Pratt Prendergest Pyles Rappaport Ravenstah1 Reed

. .. ,. . .- :;,"El cowell Crawford

g:zFmd nrverter

EFzF aietz

::,""I nrethelh(. E c k e e " ~ b e ~ f f Engiehlvt

Fee

2:;: r laherts ~ o s t e r . A. Foster. W. ~ ~ ~ i ~ d

gy;:gh, Gillleu

Rennhger Ritter Ryan Saloom Salvatore Scheader

, Jr. Srmth. E.. Smith. L. Spenca Stahl Stapleton stout Taddonlo Taylor Thoma. Toll R e l l o

Wllsmr Wilt, R. W. Wilt, W. W Wornlow Wrfght Yohn Zealms zeller zord Z W

5738 LEGISLATIVE J O U R N A L H O U S E June 29:

NOT VOTING-15

Cianciulil Johzwm. J. Rhodnr Wash. T. P . Cole :%enpcr Richardson Wojdek Gleaaon MeGrsm 1:stynoskl YLhner Hammock Mullen, M. P W a ~ n e r

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


from Perry, Mr. Noye. For what purpose does the gentleman rise?

Mr. NOYE. I rise to a question of personal privilege. The SPEAKER. The gentleman will state it. Mr. NOYE. Mr. Speaker, on the Greenfield amend-

ment to House bill No. 1833, I voted in error. I would like the record to show I intended to vote in the neza-

The SPEAKER. The Chair recognizes the gentleman from Erie, Mr. Dombrowski.

Mr. DOMBROWSKI. Mr. Speaker, this amendment is basically the same amendment I offered last week except we lowered the amount from $1.8 million to $1.3 million. The Port Authority of the city of Erie has just finished a study as to the water development plant. The marina now will cost $1.3 million.

In 1970, this legislature appropriated money in the amount of $900,000 for this marina, but the Department

B e ~ l o t t G f s r n r n ~ ~ ~ o Logue Ross Beriin Glllelple McCall Ruggiero

Glllrtfc MeIntyre Saloom Bradler !;leeson McLme Sehmitt Brunner Goodman Menhom Sehweder CRPU~O Green Milanovich Shelharner Cianeiulil Greenfield Miller, M. E. Shupnik ~~~~, Halvenon Mlller. M. E.. Jr. Siriannl

Haskell Milliron Stahl Crawford Hayes. D. S. Mullen Stapleton Cumherlend Hopkina Musto Stout DeWeese Hutehlnron. A. Myers Taddonio nieariu rwis N O V B ~ Taylor Dinoneto ltkln O.Bfien Toll

r;;b=br00"hI J o h o n , J. O'Keefe Trello Klliy. A. P. Olivrr Wanascr iccmick Perry w m o

Englehart lZolter Petrarca Wiggins Kowalyshyn P i e v ~ k y Wilt. R. W. Laudadio Pratt

Fryer Laughlin Rappaporl b e m a n .

her Lerierer Ravenstahl Speake

NAYS-93 - tive.



consideration? Mr. DOMBROWSKI requested and obtained unanimolls


Amend Sec. 1, page 1, line 20 by striking out all of said line and inserting: $127,842,000

Amend Sec. 1, page 17, by inserting between lines 18 and 19:

(19) Lake Erie Waterfront Development Plan; East Side Boat Landing Ramp, Marina, and Parking Area below East Avenue, Erie Pennsylvania .................. 1,300,000 (Base Construction Authorization, $1,100,000)

Amend Sec. 2, page 17, llne 25 by strlking out "$126,- 542,000" and inserting: $127,842,000

Amend Sec. 5, page 18, line 14 by striking out "$126,- 542,000" and inserting: $127,842,000


of Environmental Resources canceled out that program. This area is in a hiehlv industrialized area of the water-

Abraham George M e b u Anderson. 3. H. Gneco Ml~cevleh Bercn Grlng Moehlmann Bittle Hamilton. J. H. M o d s nonetto Masay Mt'konic Brandt ~ a y e a , S. E. Noye

E:ga Hepford O'Connell HUL O'Donnell

COSFB~ Hutchinron. W. Pancoat fa% Knta Parker. Ii. S.

Kelly, J. B. Peml D ~ M ~ ~ I O ~ i s t ~ c r Pitts neverter Khngaman Polite Dietz Kusse Prendrrgast Dininn1 LaMnrcr Pyles n..eibelhb I.ehr Renllincer

:g";E,"'ga Renwick Lynch Rlehardsnn

Viseher Mandelino Rltter Fisher Manmiller Ryan ~oster . A. ~ c c l a t e h y S ~ I Y ~ ~ O T C p'oster, w. ~ c c u e s c h e a ~ e r Freind MeGlnnls Seirica Gecgey

NOT VOTING-15

Barber Hammock Rhodca Cole laepprr liatynorkl Dumas MPGTBW \\.eme~ Gleason ~ u l l e n . M. P . Walsh, T. P.

So the question was determined in the

- . front. I think those people down there deserve some recreation. I humbly ask both sides of the aisle to support the amendment.


The yeas and nays were required by Messrs. DOM- BROWSKI and RYAN and were as follows:

Arthun Garzl n Letternan Reed RellonmI Gelsler Llncaln Rieger

Seltzer Shane Shelton Sh- Mth. E. Smith. L.

Vmm Weidner Wwterberg w h e l m Wilson wut, W. W. Worrllow Wright Yohn Zearlons Zeller Z0ld zartkl

Williams Wojdak YBhner

affirmative the amendments were agreed to.

On the question recurring, Will the House agree to the bill as amended on thin

consideration? Mr. A. K. HUTCHINSON requested and obtainet

~znanimous consent to offer the following amendmentr which were read:

Amend Sec. 1, page 1 said line and insel"

Amend Sec. 1, p 000" and inserting:

Amend Sec. 1, F

, line 20 by striking out all o wng: $127,292,000 age 6, line 28 by striking out "8,600,

9,350,000 ,age 8, by inserting between lines 1

and 12: (16) Development of ski facilities and con-

cession building at Laurel Mountain State Park ............................ ... .............. 750,OO

Amend Sec. 2, page 17, line 25 by striking out "$126, 542,000" and inserting: $127,292,000

Amend Sec. 5, page 18, line 14 by striking out "$126, 542,000" and inserting: $127,292,000


The SPEAKER. The Chair recognizes the gentlema from Westmoreland, Mr. Hutchinson.


The SPEAKER. The Chair recognizes the gentleman ( NOT VOTING--18

Mr. A. K. HUTCHINSON. This amendment is for the amount of $760,000 to replace the concession building and some ski slopes in the Ligonier Mountains. The people in Westmoreland County would like to see that development get better. Thank you.

Fischer Letterman Ravenstahl U'orrUow

~~~~~~: $, ~ e v i Reed Wright

Lynch Renninger Yohn Frcind Marlmiller ~ i t t e r ZeUer gzzn n~ecau Ross Zord

~ c c l a t c h ~ Ryan Zwikl Geesey Mecue Salvatore

from Indiana. Mr. Shane. Mr. SHANE. Mr. Speaker, I am not sure I have a

question about this individual amendment so much as I have to our procedure right now. First of all, we have the majority Appropriations Committee chairman, who i s in the hospital. We just seem right now to be rolling along willy-nilly-not that we have not done it on a pre-

and forth across the aisle on some of these things. I think we are suffering greatly from the absence of our Ordered, that the bill as amended be prepared for final

A ~ ~ r o n r i a t i o n s Committee chairman, which we cannot passage.

Barber Joluuron. J. Rhoder wsgner Cole Kneppu Rleh.~rdson Welsh. T . P. ;;''gn Mandemo ?:Rtmo~kl Wojdak

?.l.lcGraw Val i~ fnt i Yahnrr ~ ~ , ~ ~ ~ k Mullen. M. P.


vious occasion on a rare moment-but I think we need to stop here for a minute and think about what we are doing.

We do not have the usual healthy policy dialogue hack

.. . do anything ebout. I think we all better stop and reflect upon what w e are doing rather than getting caught CONFERENCE REPORTS up in the emotion of the particular moments. PASSED OVER TEMP0RARTT.Y




So, T am not saying anything about this particular one, but let us at least reflect upon these things. Other- wise, we are just going to wind up with a real monster that none of us really wants. Thank you, MI-. speaker.

~ ~~- ~~ - ~ - -

after caucus; neither caucus has had a chance to meet nn these. I

- -


IRVIS. Mr. Speaker, all conference reports must be passed over temnorarilv or rather not called until

The yeas and nays were required hy Messrs. A. K. The SPEAKER. The Chair thanks the gentleman

HUTCHINSON and SHANE and were as follows: SENATE MESSAGE

Reilomlnl Bennett Srrlin SCTSO" :ionetto 3raNey 3randt <runner >iy"to :innciulU '01, en

Flaherty Galiaghrr Garzla Geisler George Giarnrnsrco Gillette GieeSm Green Greenfield Halvelson Hayes. D. S Iiotehinson. Ttkm Kelly, A. P. lioitcr

Lederer Rugglero Lincoln Sa lwm Logue Schmltt McIntyre Shelton nic1.ane S h u ~ n i k &ienharn Stapleton Milanovieh Stout M~llicn Taddorug Murto Taylor Myem Toll Novak Wansaer

, Oliver Wnrgo A. Perry Wbelan

Petrrlr~a wiggins Pievslty Willlams Pratt 2earfo.w

Kowaiyshyn Rappaport Laudadlo Nenwirk Nneman, L ailchih, Rteger Speak+>

NAYS-111

i ~ a h a m Gillespie ~ni:eraon. J. E. Goodman irthurs Grieeo %ere" C-ring little liarnilton. J. 8. illrns xas;iy

)aviee Irvis )i.yerter Katz >iitz XI:IIY, a. B. )ininni :<rrnick i0iT Filstlrr ir)yht mingaman .n,ibelbIe K;tssr '~Kel~qberger LnMarca 'awcen Lehr

McGinnis Scheaffer Mebus S ~ h w t d ~ ~ Miller. M. E. Scirlca M i l M E . J Seltzer Milliron Shene ILlisecvich Shelharncr Mn~hlrnann Shuman hlonis S i r i a ~ i Mrkonic fmlth. E. P J O ~ P S m t h . L. s ' n n e n Spencer O'Canneil Stahl O'Donn~il Thomas O'Xeefe Trello Pancoast Turner 1 : 3 . 5. vroon l ~ e r r ; '.Veicin??r i'!tts Westerbere -el,te Wilson i'renr)erl?ad Wilt, R. W PY1es Wllt. w W

AMENDED HOUSE BILL RETURNED FOR CONCURRENCE


HOUSE BILL No. 1619

An Act amending the act of September 1, 1965 (P. L. 459, No. 235), entitled "An act requiring that certain buildings and facilities constructed with Commonwealth funds adhere to certain ~rincioles. standards and soeci- ~~~ ~~-

fications to make the s a k e ac'cesiible to and usabfe by the physically handicapped and providing for enforcement," providing for limited exemptions from the provisions of this act,-creating an advisory board, providing for its powers and duties and adding to the powers and duties of the Secretary of Labor and Industry.

' I with the information that the Senate has paszed the same with amendments in which the concurrence of the Rouse of Representatives is requested.

The SPEAKER. The bill will appear on the calendar.

I HOUSE BILLS SIGNED BY SPEAKER

Bills numbered and entitled as follows having been prepared for presentation to the Governor and the same being correct, the titles were read:

( HOUSE BILL No. 77

An Act amending the act of April 29, 1959 (P. L. 58, No. 32), entitled "The Vehicle Code," directing the issuance of special registration plates exempt from all registration fees to certain disabled veterans: exemutine

l m o t o ~ yehicles beafing such plates from ceytain paikin; restrlctlons for hnuted t~mes ; and prescribing penalties.

5740 LEGISLATIVE JOURNAG-HOUSE June 29,

HOUSE BILL NO. 596

An Act amending the act of May 29, 1935 (P. L. 244, No. 102), entitled "An act creating a Local Government Commission to study and report on functions of local government, their allocation and elimination, the cost of local government and means of reducing i t and the con- solidation of local government and making an appropriation," providing for the publishing and distribution of certain codes.

HOUSE BILL No. 1468

HOUSE BILL No. 1607 I Agreeable to order,

SENATE BILL NO. 1395

An Act making an appropriation from the State Em- ployees' Retirement Fund to provide for expenses of the State Employees' Retirement Board for the fiscal period July 1, 1976 to June 30, J977, and for the payment of b~l ls lncufred and remalnlng u n p a ~ d a t the close of the f~sca l perlod ending June 30, 1976.

Whereupon, The SPEAKER, in the presence of the House, signed

the same. An Act amending the "Fruit and Vegetable Grading

Law," approved March 28, 1929 (P. L. 86, No. 97), excluding grapes from the pfovisions of the act; redefining "closed package;" and limlting the right of agents of the department to enter upon certain premises.

An Act repealing the a d of May 10, 1893 (P. L. 37, No. 33), entitled "An act to prevent deception and fraud by owners or agents who may have control of any stallion kept for service by proclaiming or publishing fraudulent or false pedigrees or records and to protect such owners or agents in the collection of fees for services of such stallions"

APPROPRIATION BILLS ON THIRD CONSIDERATION

The House proceeded to third consideration of Senate bill No. 1500, printer's No. 1872, entitled:

A Supplement to the act of (No. ), entitled "An act providing for the capital budget for the fiscal year 1976-1977," itemizing transportation assistance projects to be acquired or constructed by The Pennsylvania Transoortation Assistance Authoritv toeether with their

HOUSE BILL No. 1752

An Act authorizing the Department of Property and Supplies, with the approval of the Governor and the De- partment of Environmental Resources, to convey a tract of land in Lower Yoder Township, Camhria County, in exchange for another tract located in the same township.

HOUSE BlLL No. 1764

An Act amending "The Borough Code," approved Feb- ruary 1, 1966 (1965, P. L. 1656, No. 581), providing for membership in mayoral associations and authorizing the payment of expenses relating thereto.

HOUSE BILL No. 2141

Beliominl HOUSE BILL NO. 2202 Bennett

estimated financial cost; authorizing the-incurring of debt without the approval of the electors for the purpose of financing the pr~jects, stating the estimated useful life of the projects and making an appropriation,

0, the question, Will the House agree to the hill on third consideration? Bill was agreed to.

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



An Act amending the "Senior Citizens Property Tax or Rent Rebate Act, approved March 11, 1971 (P. L. 104, No. 3), further providing for a temporary method of payment of administrative expenses and claims.

Beren An Act amending the act of December 11, 1967 (P. L. Berlin

707, No. 331), referred to as the State Horse Racing Law, Berson further providing for incorporation. ~ l t t l e

Bonetto

Abraham Arthum

i$ the ratis of pilotage and class of pilots.

HOUSE BILL NO. 2281

A n Act authorizing the Department of General Ser- vices to convey a tract of land and a right-of-way in the City of Oil City to the City of Oil City.

HOUSE BILL No. 2353

Dilllnnl Whereupon, Dornbro-mkl The SPEAKER, in the presence of the House, signed Doyle

the same. Drelbelbt. Dumas

Bradley Brandt BNnner B~~ Buters Caputo Ces~ar Cianciulll Clmmt

Englehart P'awcetl

SENATE BILL SIGNED BY SPEAKER

Goodman Green Greenfield GrlecO

Bill numbered and entitled a s follows having been prepared for presentation to the Governor and the same being correct, the title was read:

Gnng Halvcrson Hamilton. J Hasay Hvslrell Hayea. D. S. Htll

. Flanerty Foster. W.

T;ggheher ~ a r a a

- - --. .. . . Morns Siriannl Mrkonfc Smith. E.

. H. Mullen Smith. L. Must0 S ~ e n c c r Myers siahl Novak Stopleton O'Brlen Stnut - - ~~~

H o ~ k l n s O'Connell Taddonlo Hutchlnson. A. U uunnell Taylor Hutchinson. W. O'Kede Thomas lms O11vr~ Toll Itkln Paneoast R e l l o Johnson. I. Parker. H. S . Rlmer

. .. . . . . .... I A P ~ e m y wargo Kelly, J. B. Petrarca Weldner Kemick P ~ C V I K Y Westerberg Kolter Polite Whelan Kowalyshyn Pratt Wlgglns Kusse Prendergast Williams Laudadlo Pyles Wllson Lauahlln Kavevstahl Wilt. R. W ~ e d g r e r Reed Worrllow Letterman Rennlnger Wrlght Lincoln Rieger Ydul Logue Ritter m o s s Lynch ROSS Zord Manderlno Ruggiero Zwikl Manmiller Ryan Meall S s l w m Finernan. M~Clatrhy Salvatore Speakt


NAYS-27 I When we in the General Assemblv auurove uroiects to

Anderson. I. H. Frelnd Wingaman Pitts DaVLes iiailen Lehr Renwiek Deverter Geesey Lev, Shurnan Dietz George MrCue Wnnsacr DOLT Rayes. S . E ~ c ~ t n n t s Wilt. W. W . FIseher Heptn1.d McLane Zeller Foster. A. Kistler Noyr

NOT VOTING-I8

The majority required by the constitution having Most buildings take more than 1 year to construct. in the affirmative, the question was determined in the Therefore, it would be foolish, in the opinion of the

affirmltivp birdget office as well as many of us, to incur the

. . . be built, we do not authorize the incurring of debt for those projects a t that same time. We wait until the project is ready to be started and a t that point, at the first authorization of incurring debt comes along, we say, well, this project in the next year will take $1 million. That next project will take $2 million. The next one may take $4 million or 55 million or $10.000.

Jarher Knepper Rhodes Wagner Cole LaMarea ~lehar-&on Wabh. T ? Eekensbergu McGrnw Ustynaski Wojdak Glea.wn Mullcn. M P. vallcenti Yahner ~ a n i m n e k Rappaport

The budget office adas all of these projects together and then submits to the General Assembly a bill which permits them to incur debts for what they anticipate the cost of construction during that period of time will be.

Stat? Authority, now the General Services Department, QUESTION OF PERSONAL PRIVILEGE 1 . ~ t e m ~ ~ ~ n g . . all of those projects and the amount of money

-- - .- ----. - . - . Ordered, That the clerk return the same to the senate


complete debt for a project the first year. So we only incur the debt as the project goes along in some state of construction. It is a list of projects which has been alrendv provided to the hudget office by the General

l-he SPEAKER. l.he chair recognizes the gentleman from Philadelphia, Mr. Rappaport. or what purpose does the gentleman rise?

Mr. RAPPAPORT. I rise to a question of personal privilege.

The SPEAKER. The gentleman will state it. Mr. RAPPAPORT. I was not recorded on that vote.

I would like to be recorded in the negative on senate bill No. 1500.


~. ~ " . ~ ~~~-~

On the question, the incurring of debt of $330 million to either complete Will the House agree to the bill on third consideration? or start or to partially construct fnr the next fiscal

which will be needed in the next fiscal period to either ~ ~ m p l e t e the project, carry it through for another fiscal year, or, in some cases, start projects whirh have alre?dy been authorized.

Mr. ITKIN. Mr. Speaker, do you have knowledge of what these projects are?

Mr. SELTZER. I do not have in my possession a list of projects which add up to $330 million. I have been privy to the information and generalities from the Budget Secretary, that h e has had such a list and that he is ready to go out on the bond market in the amount of



An Act providing for the capital budget for the fiscal year 1976.1917.

$330 million as soon as the General Assembly permits him to incur this additional debt.

Mr. ITKIN. Mr. Speaker, does this $330 million then cover all projects authorized by the General Assembly in past years?

Mr. SELTZER. No. Mr. Sneaker. This onlv ~ e r m i t s

The SPEAKER' The Chair recognizes the gentleman from Allegheny, Mr. Itkin.

Mr. ITKIN. Mr. Speaker, I would like to interrogate someone of knowledge on this bill.

The SPEAKER. Will the gentleman, Mr. Seltzer, respond to interrogation?

Mr. SELTZER. Yes, Mr. Speaker. The SPEAKER. The gentleman may proceed. Mr. ITKIN. Mr. Speaker, this is a very simple bill in

verbiage, but it is a very expensive bill in terms of iollars. As I understand the bill, this is going to promote :he sale of $330 million in bonds: $200 million to be used

period. We may have another $500 or $600 million nf lrojects which have already been autho,rized, some of which will never be started, some of which will he started or years from noul and some which may he started next year.

If the gentleman would like that list, the only place that he can go for that would be to the Budget Office that keeps a tight control over this proceeding.

Mr. ITKIN. Mr. Speaker, what you are in essence saying, therefore, is that the legislature authorizes, as we did in House hill No. 1833 or perhaps will he doing in House bill No. 1833, a series of projects to be funded, and

. . ,n highway projects, $100 million to be used on public improvement projects and $30 million to be used in transportation assistance projects.

I do not know one single project for which this money is to be used. Can you help me out there?

Mr. SELTZER. If the question is, Mr. Speaker, can I temize the projects under these three categories? The inswer is, no.

But if I may go further. Everyone of these projects ,as already been authorized by the General ~ s s ~ ~ b l ~ ind most of them are currently in some state of being milt, being erected, being completed.

it is up to the executive branch to determine which projects will actually be constructed and then they make a request in this hill for the authority to float the bonds. Is that correct?

Mr. SELTZER. First of all, House bill No. 1833 did not pass today and was not called up. But prior capital project bills which passed this General Assembly were signed into law, which itemized a series of projects in these various categories. The priority in which these buildings will be built and, if they will be built at all, lies in the hands of the executive.

Mr. ITKIN. Mr. Speaker, do you not feel that the


members of the General Assembly ought to know the specific projects to which these bonds will be funded?

Mr. SELTZER. Mr. Speaker, the General Assembly has historically been more willing to approve projects than they have been willing to see many of these projects, which they have included in a capital budget, built.

Mr. ITKIN. Thank you, Mr. Speaker. I would like to make some brief remarks now, Mr.

Speaker.

THE SPEAKER PRO TEMPORE (Harry A. Englehart) IN THE CHAIR

The SPEAKER pro tempore. The Chair recognizes the gentleman from Allegheny, Mr. Itkin.

we are voting on today. I resent that. I to defeat the motion to table and go on


The yeas and nays were required by and RITTER and were as follows:

YEAS-50

Mr. ITKIN. Mr. Speaker, I find this very difficult to accept, that the members of this body today will willy- nilly appropriate $330 million for the securement of bonds to projects that they have no knowledge of what this money is going to be used for. We may have authorized a half billion dollars' worth of projects. Some were started by the executive, some are not; some are your projects, some are not. But to come here today before this House and say here is the hill requiring our authorization of $330

MOTION TO TABLE

2: F'scher Fisher

4ndersm, ..rth- C;;r;al B,,,,R

million in bonding for projects that none of us in this House have any awareness of what this money is to be used for, I think is foolhardy. I think that i t is a shame that we should be asked here to authorize the floating of $330 million in bonds without knowing what the projects are that this indebtedness is going to be used for.

I was appalled when I was in the Appropriations Com- mittee that the Appropriations Committee staff could not provide this information and I am appalled today that we can consider on final passage Senate bill No. I504 for which this information has not been provided. I am also very disappointed that even if the rank-and-file membership might not be provided with this list that the leadership is willing to call this hill up for final passage without their knowledge of what is going to he funded and what is not going to be funded.

Flahrrty IClingamsn Fonter. A Lehr Fnrter. XV. McGinnir Frsind Moirls

~ ~~

ner1fn Br7so,, si t t le

;:,":g Rrandt Bnmner Butera c a ~ u t o riareiulll dim;ni Ci'inbertand ~~~~~ ~ i r a r i o

::;Elb uornbm-

Jreibelbb

Eckensberpm Englehrut

(:alien Mrkonle Geese7 Noye Hamilton. J. U. Perri iiayes. S. E. Pitts

Gillespie M?Cue c:illette nlcrlltyr~ Gleeson licLane Goodman Mabiis OICFII hlenhorn G.'ecntield Milan~vlch Grieeo Mlller. M. E. Gnng Mill*& M. E., Jr, FI~Ivemon Milliron H n a a ~ Mlacevtch H:skell 3 1 0 ~ h l m a ~ 1 liayes, D. S. ?.<u!len, n1. P. r r e ~ f ~ ~ d Mullen Hill Must0 1Iopkins Myers Irvis Novak Tohason, J. O'Bricn Kelly. A. P. O'Connell Kelly, J. B. O'Domirll Klstler O'Keeie

. Ledercr Polite 1,etterman Pratt I,( vf Prendergast

are that this bill shall be used for. Thank vou.

Mr. I T N Mr. Speaker, I would like to make a motion at this point to table Senate bill No. 1504 until we can find from the budget office just what the projects

The SPEAKER pro tempore. The Chair recognizes the gentleman from Lehigh, Mr. Ritter.

Mr. RITTER. Mr. Speaker, since the gentleman took a great deal of latitude before he made his motion, I would ask for a little bit of consideration in the same ..*."

Ga?:n#l~er I..mch ~a;&ktar.l c n i d ~ :vIande~?no Reed Gci31er ;,,,g,:

M~$nmiller Rmiwick McC:,il Richir~ison

Giarnmarco MrClatchy Rleger

NOT VOTING-11

think we ought with the hill.

Messrs. ITKIN

Rugglero Ryan Schmin Sehwcder Seirlca Wtzer Shane Sbelhsmrr Shelton Shuman Shupluk Smith, K. Srnlth, L. Spencer Stepleton stout Taddoni~ Taylor Toll Turner Wargo we1mtner Westerberg Whelm wiggins Willlams WUt, R. W. Womiow Yohn Zord zwkl

Cole Knepper Uatynoskl Wold& Gleason M~Graw- Warner Yahner Hammock m o d - Walah, T. P.

So the question was determined in the negative and thc motion was not agreed to.

The SPEAKER pro tempore. The Chair recognizes the " L A L A .

If the gentleman would look a t Senate hill No. 1500- The SPEAKER pro tempore. The Chair would remind

the gentleman that the motion to table is not debatable. 1 Presume he wishes to indicate his wishes to the House that he prefers a negative vote. Is that correct?

Mr. RITTER. Yes, Mr. Speaker, that i s it. The gentleman took a great deal of latitude before he made his motion and that cut any one of us off from answering his question. I think that is very unfair, particularly when he makes statements that none of us know what

gentleman from Lehigh, Mr. Ritter. RITTER, Thank you, Speaker,

w e just passed, if I am correct, Senate bill NO. 150c which calls for the authorization of the spending of monej for the Pennsylvania Transportation Assistance Authority The total project authorization for 1976-77 is $36 million If you go back, there are some base costs which woulc reduce that amount. And in Senate bill No. 1504, transportation assistance projects for which we are going tc float bonds, we are authorizing $30 million in bonds tc he floated from the general fund. Right there answer!

1376. EEGlSLATlVE d O U R N A k H O U S E 5743

interrogation? The SPEAKER oro temuore. Will the gentleman. Mr.

one of the questions as to what we are authorizing the floating of bonds for. And Senate hill No. 1500 detailed and itemized the projects that the bond money is going to take care of, Berks Area Reading Transit Authority, Cumherland-Dauphin-Harrisburg Transit Authority, and so on and so on, Mr. Speaker.

Last week, 1 believe, we passed the capital budget for the Pennsylvania Department of Transportation. And if the gentleman would get that hill, he would find that there are highway projects in there which total approximately $200 million and they will he funded on honds floated and paid for from the motor license fund.

The point is that the information is available. And as I said, 1 resent more than anything the fact that the gentleman will get up-and if he does not understand and does not know what he is voting on that is his business-and make statements that none of us know what we are vo1:- ing on. As 1 said, if he wants to plead ignorance that is his business, but he should not plead ignorance for me or any other member of this House. I think Senate bill No. 1504 ought to he uassed.

The SPEAKER pro tempore. The chair recognizes the gentleman from All~gheny, Mr. Itkin.

Mr. ITKIN. Will the gentleman, Mr. Ritter. consent to

POINT OF ORDER

is the interest payments that have to be made. The $30- million bond issue we are floating is, of course, minus interest.

Mr. ITKIN. Mr. Speaker, do you know what the $200 million in highway projects are going to be used for?

Mr. RITTER. Mr. Speaker, I told the gentleman about three times that I do not have the hill in front of me. It passed about 2 weeks ago. The information we received in the Transportation Committee was that those projects totaled approximately $200 million.

Mr. ITKIN. lire these construction projects. Ms. Spealc- er?

Mr. RITTER. For the highway department, yes. Mr. ITKIN. That seems like an awful large sum of

money for highway construction at a time when we are complaining about revenue shortage in the Department of Transportation.

Mr. RITTER. That may be, Mr. Speaker, hut regardless of that and no matter what the money pinch may bc, we do need to maintain and construct and reconstruct our highway system in this Commonwealth. And the time to raise those objections, it seems to me, was when the capital budget in the Transportation Department passed.

Mr. ITKIN. Mr. Speaker, perhaps the gentleman feels in knowing exactly what he is voting for.

Ritter, consent to interrogation? Mr. RITTER. Yes, Mr. Speaker. The SPEAKER pro tempore. The gentleman may pro-

ceed. Mr. ITKIN. Mr. Speaker, Senate bill No. l f jOO provides

for the authorization of $36 million in transportation proi- ects. In Senate hill No. 1504 we are authorizing the floating of bonds in an amount of $30 million. Are you telling me that the in No. 1504 [Or transportation assistance projects are going to be used in Eund- ing Senate bill No. 15007

Mr. RITTER. Yes, I am, Mr. Speaker. Mr. ITKIN. Do you know that for a fact or arc you

only speculating? Mr. RITTER. Mr. Speaker, the information that we

received when the Transportation Committee had this bill in there was that that $30 million would take rare of the project authorized in Senate bill No. 1500.

Mr. ITKIN. Could you inform the House with respect ti, the other two sections of Senate hill No. 1504, the highway projects?

Mr. RITTER. Mr. Speaker, 1 do not have the capital budget for the Transportation Department in front of me, but, as I indicated to you. our information was that wc had approved a project totalling over $200,000, and when you go to the base project authorization rost, they tol.al approximately $200 million.

Mr. ITKIN. But you do not know that for sure, Mr. Speaker? You are only speculating that that may he in fact the case?

Mr. RITTER. Not at this moment, Mr. Spe?ker, hut I have Senate bill No. 1500 in front of me, and it does not take a mathematician to add them up. It comes to thr base project authorization cost of $30 millinn.

Mr. ITKIN. No, it is '$36 million and the- Mr. RITTER. M r . Speaker, the total authorization is

136 million. But the base project authorization cost is 3pproximately $30 million. There is a difference between ihe base cost and the ultimate cost and that I understand

The SPEAKER pro tempore. The Chair recognizes the gentleman from Tioga, Mr. Spencer. For what purposc does the gentleman rise?

Mr. SPENCER. I rise to a point of order. The SPEAKER pro The gentleman stat,E .

It. Mr. SPENCER, Speaker, believe this is

getting argumentative instead of informative, I do not think it is in the nature of interrogatories, and, therefore, I request that the Chair so tell the interrogator,

The SPEAKER pro tempore. The gentleman has been quite repetitious in his questions. We request the gentleman to proceed with his debate.

The Chair recognizes the gentleman from Allegheny, Mr. Itkin.

Mr. ITKIN. Mr. Speaker, 1 have just one final point. 1 consider most of the members of the House in my category. In fact, I probably have more knowledge than most on these funding bills because I served as a member of the Appropriations Committee. When I feel that I have lack of information on these various subjects, I assume that most of the members of the House also fail to have this information.

I know of no written communication that I have rr- ceived and, therefore, I assume that others, except for maybe an exceptional member of this House, have also not received any information with respect to this legislation.

It would seem to me, Mr. Speaker, that prior to voting, each one of us should require that we know exactly what projects ought to be funded by this bill which will authorize the floating of these bonds. Therefore, Mr. Speaker, I would request that we pass the hill over today until we can get this information from the Budget Office and consider the hill tomorrow.


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


Agreeable to order, wish to recess?

The House proceeded to third consideration of Senate Mr. IRVIS. Yes, Mr. Speaker

Mr. IRVIS. Mr. Speaker, i t is a Senate bill. I will agree to pass i t over today. It must run tomorrow. We have no further time after tomorrow. I will agree to pass it over. The gentleman will he ready tomorrow. We will call it tomorrow. Pass it over, Mr. Speaker.

Mr. IRVIS. Mr. Speaker, House bill No. 2381 is not to be called until after caucus. The fact of the matter is, no other bill or resolution is to be called now. If the Speak- er will check the markings, we must now go to caucus.

The SPEAKER pro tempore. Does the majority leader


A Supplement to the act of (No. ), entitled "An act provid~ng for the capital budget for the fiscal year 1976-1977," itemizing public improvement projects of the Department of General Services together with their estimated financial cost, authorizing the incurring of debt for the projects without approval of the electors to complete projects in the category of public improvements by acquisition of originel furniture and equipment to be acquired by the Department of General Services, stating the estimated useful life of such projects and making an appropriation.

APPROPRIATIONS COMMITTEE MEETING

The SPEAKER pro tempore. The Chair recognizes the gentleman from Philadelphia, Mr. Pievsky. For what purpose does the gentleman rise?

M,, PI^^^^^. M ~ . speaker, on the declaration of the recess for the caucus, I want to call an Appropriations Committee meeting immediately in the Appropriations committee room.

The SPEAKER pro tempore. The Ap~ropriations Com- On the question, Will the House agree to the bill on third consideration? Mr. PIEVSKY requested and obtained unanimous con-

sent to offer the following amendments, which werc read:

On the question, ladies leave the floor ihere is a bit of business which we Will the House agree to the amendments? must take care of now in order for a Committee of Con-

- - -

mittee will meet in the ~ppropriations Committee room immediately upon the declaration of the recess.

REQUEST FOR RECONSIDERATION Amend Sec. 2, page 4, line 7 by striking out "201,000"

and inserting: 84,700 Amend Sec. 2, page 4, lines 8 through 27 by striking out

all of said lines

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

Mr. IRVIS. Mr. Sneaker. before the eentlemen and

The SPEAKER pro tempore. The Chair recognizes the gentleman from Philadelphia, Mr. Pievsky.

PIEVSKY, Speaker, the amendment cuts the appropriation for the Valley Forge Park which the Fed. era1 Government has taken over. It strikes out $201,000 and cuts it to $84,700. I believe it may he an agreed-to amendment.

ference to act during the recess' We sent back to the Committee of Conference House

bill No. 175 on a concurrent resolution, as I understand. There has been a dispute over an amendment to he written into that bill, and that was the reason why we sent . ~t back to the Committee of Conference. That dispute has been resolved, as I understand it, and we have been arked now to reconsider the vote bv which we sent that

The SPEAKER pro tempore. The Chair recognizes the gentleman from Lebanon, Mr. Seltzer.

Mr. SELTZER. Mr. Speaker, may I have the majority leader's attention?

Mr. Speaker, on Senate bill No. 1505, I hate to ask to have a bill held over, but there is a problem here that I did not realize I think when Mr. Pievsky first talked to me about this amendment.

The purpose of the amendment is to remove, I think, four projects from Valley Forge State Park because this state park is going to become a Federal installation very soon. I have a question on this. Since this hill is for movable equipment, this may be for projects that have already been completed and that we are putting equipment here which we have already obligated ourselves to. And if the majority leader would be willing to pass it over today, maybe we can get this thing cleared between today and tomorrow, whether or not we should either accept your amendment to remove these four projects or maybe we should leave them in. And I really do not know at this time.

~~~ - - ~

back to the Committee of Conference. If we do so, that would place the Committee of Conference report before us for action. Is that correct, Mr. Speaker?

RECONSIDERATION OF VOTE ON CONCURRENT RESOLUTION

Mr. MANDERINO moved that the vote by which the concurrent resolution returning the report of the Com- mittee of Conference on HOUSE BILL No. 175 was adopted he reconsidered.

Mr. IRVIS seconded the motion.

On the question, the House agree to the

was agreed to.

on the question recurring, will the H~~~~ concur in the resolution?

The SPEAKER pro tempore. We have already adopted the Conference Report in the House and, if we reconsider


Mr. IRVIS. All right, Mr. Speaker. I will agree to pass Senate hill No. 1505 over for todav.

the concurrent resolution and nullify it, it will be back before the Senate in proper order for final action.

Mr. IRVIS. In other words, if we recoasider it, bring it back, then we have the question of whether we concur

REQUEST FOR CAUCUS The SPEAKER pro tempore. The Chair recognizes the

or nonconcur in their resolution. Will you then recognize Mr. Manderino.

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

1976. LEGISLATIVE J O U R N A L N O U S E 5745

- which is not a bill, an amendment, a fiscal note, or some-

On the recurring, thing that is absolutely essential to the consideration of Will the House concur in the resolution? legislation. I - -

Mr. MANDERINO. Mr. Speaker, I move that this House not concur in the resolution presented by the Senate.

The SPEAKER pro tempore. To explain that to the members, you vote not to concur in the concurrent resoiu- tion, which removes the concurrent resolution from the books and therefore puts the House in the position of having adopted the Conference Report on House bill Nil.

115. Mr. MANDERINO. Mr. Speaker, to make it perfectly

clear: MY motion is that we do not concur. So a negative vote will send it back to the Senate and then Put it in a position to be voted there and voted here.

I say that now because I have noted within the last Agreeable to the provisions of the constitution, the yeas

several legislative days that we have passed out on our and nays were taken and were as follows: desks material which I do not believe relates in any way

PERMISSION TO ADDRESS THE HOUSE Mr. ECKENSBERGER requested and obtained unani-

mous consent to address House. Mr. ECKENSBERGER. Mr. Speaker, the members of

the Housekeeping Comnlittee have met a number of times and one of the issues that we have been considering involves the number of documents and papers which are passed out onto the members' desks while we are in session. After deliberating on this matter, we recommend to the Speaker and the leadership tbat the chief clerk no longer authorize the passing out on the members' desk anv ~ e r s o n a l documents, lobbvist materials or ansthina

Berm Berlin B- Hittle Bonetto Bradley Brandt Brumef- Rum Ililtera Caputo Cesaar Cianclulll Cimiul Cohen Cowell 'umberlaad 1)svlem DeMedio Deverter DeWeese Dicarlo IliJIonato Dl& Dininni nombrowmkl DO"' Doyle Dreibelbl. Erkensbergs 3nglehart Pawe& Fee

NAYS-184

Gards MeCletehy Geeaey MeCue Gellllv McGInnla George Mclnt~re Giammarco I\lcLane Gillenpie Mebus ~lnet te Menhorn Gleeson M!lsnovich Goodman Miller. M. E. Green Mldtller. M. E., . Greenfield Milliron Grieeo Miseevieh G"ng I$lnehlmaNl Halvemm Morns HBSBJ Mrkonic Heskell Mullrn Hayes. D. S. Mulien. M. P. Ilayes. S. E. Musto Hepford Myers Hi11 Novak Hopkim Noye Hutchinson. A. 0'Rrir:n Hutchinson. W. O'Connell Irvb DIDonnell Itkln O'Keefc Jahnmn. J. Oliver Kelly. A. P. Pancoast Kelly. J. B. Parker. H. S. Kerniek Perri KLnler Pen7 Klingsmm Petrnrca Koltrr PievsKy Kowelyehm Pitts Kurse Polite LaMarca Pratt Laudadlo Prendergat Laughli. PYICS Lcderer Havenstah1

?*idcher Lchr Redd Fisher Letterman Rmnin~er Flaherty Lev1 nenwiek Foster. A. Lincoln XhMes Foster, W. Logue illchardson Freind Lvnch 1;iey:er

NOT VOTING-16

Barber Oleason Rappaport Cole Rammock Ustmoekl Crawford Knepper Valicenti Dumas MeGrea, Wagner

So the question was determined in the resolution was not concurred in.

Seltzer 1 . Shsne

Shclharner Shelto" Shumm Shupmk Slriannl Smith, E. Smith. 1.. Spencer Staplctnn stout TaAdom" Taylor Thomas Toll Trrl!" ---~~. Turner Vrwn Wansacz wargo U'eldnrr Westerberg Wiggins WllUarn~ Wilson Wllt. n. W. W!lt, W. W. Worrilow Wrllht

Walsll. T. P. Whelan W0jd.k Yahner

negative, and

to matters which we are considering. I would respectfully request that the members do not request to have things duplicated and passed out on the members' desks. Thank you, Mr. Speaker.

STATE GOVERNMENT COMMITTEE MEETING

The SPEAKER pro tempore. The Chair recognizes the gentleman from Philadelphia, Mr. Perry.

Mr. PERRY. Thank you, Mr. Speaker. There will be a short meeting of the State Govern-

ment Committee in room 115A immediately a t the beginning of the recess.

Thank you.

DEMOCRATIC CAUCUS The SPEAKER pro tempore. The Chair recognizes the

: majo~.ity leader. fi. IRVIS. Mr. Speaker, I call to the attention of

the members of the House that if they will check the 1 bills to be voted on today's agenda, we have not address- I ed ourselves to a number of them. We must do that today. We, therefore, will find it necessary to take you into caucus immediately. During that caucus, a t least in the Democratic Caucus, I will be explaining to you the reason I am going to ask Democrats to vote to override the Governor's veto on House bill No. 1542. I expect it will be overridden by the Senate by the time we go into caucus. I would ask the Democratic members to

repor t promptly t o caucus. I am going to try to have us back on the floor of the

House by 4:30 instead of 5:30. If you will cooperate, we can save an hour at the end of tbis day and perhaps be out of here by 7 o'clock instead of 8 o'clock. If you dawdle and do not come to caucus, then we may be delayed in getting out of here this evening. I ask you to please report promptly at 4:30 so we can get started promptly. Come back on the floor promptly at 430.

I also wish to announce tbat there are several highly controversial bills to be caucused on. There is the PUC package, Senate bill No. 1216, Senate bill No. 1217, Senate bill No. 1219, and Senate bill No. 1223. There is a controversial CPA versus PA bill, House bill No. 2381, to be discussed. I would urge you to report so we may have a complete discussion; and I would say this to the


members who do not report, you have now been notified; we will mark the bills as having been caucused on in your absence if necessary, and then we shall proceed

Mr. Speaker, I will yield the floor to Mr. O'Connell and, after he has made his announcement, I would ask for a recess until 4 3 0 .

REPUBLICAN CAUCUS The SPEAKER pro tempore. The Chair recognizes t h ~

gentleman from Luzerne, Mr. O'Connell. Mr. O'CONNELL. Thank you, Mr. Speaker. There will he an important Republican caucus. WE

will be discussing the bills pointed out by the majority leader, and I would suggest that all of the Republicans proceed posthaste to the caucus room.

Thank you. The SPEAKER pro tempore. The Chair thanks the

gentleman.

RECESS The SPEAKER pro tempore. This House is now de-

clared in recess until 4 3 0 p.m.

With the information that said bill had been passed by both Houses and vetoed by His Excellency the Governor. and has since been reconsidered in the Senate and passed by the necessary two-thirds vote, the objections of the Governor to the contrary notwithstanding.

CONCURRENCE IN SENATE AMENDMENTS TO HOUSE BILL No. 65

Mr. IRVIS called up for concurrence in Senate amendments, from page 13 of today's calendar, House hill No. 65, printer's No. 3232.

SENATE MESSAGE AMENDED HOUSE BILL RETURNED

FOR CONCURRENCE


HOUSE BILL No. 65

An Act amending Titles 45 (Legal Notices) and 1 (Gen- eral Provisions) of the Pennsylvania Consolidated Stat- utes. addlne revised. codified and com~lled ~rovisions relating to regal notiie and Dublication of documents and

/revising and reenacting separately certain related provi- AFTER RECESS slons.

THE SPEAKER (Herbert Fineman) IN THE CHAIR

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

COMMITTEE REPORTS 1

with the information that the Senate has passed the same with amendments in which the concurrence of the House of Representatives is requested.

The SPEAKER. Without objection, the Chair returns to reports of committees.

The Chair hears no objection.

BILL REREPORTED FROM COMMITTEE SENATE BILL No. 1273 By Mr. PIEVSKY

A Joint Resolution proposing an amendment to the Constitution of the Commonwealth of Pennsylvania providing for the election of the Attorney General and providing for his qualifications.

Rereported from Committee on Appropriations.

BILL REPORTED FROM COMMITTEE SENATE BILL No. 959 By Mr. PERRY

An .\ct authr,riring the D<]~;~r:rn~,nt rjl Gcner..l Ser- 1 viccs. \\.ith approval of the Gr,vernnl. ;ind Itre Secrc'aly uf E~lvironment;il R~sourcus. 1.1 c ilves :r cert3in trnct of ground with improvements' thereon Situate in the Bor- ough of South Philipsburg, Centre County.

Reported from Committee on State Government. I SENATE MESSAGE 1

The clerk of the Senate, being introduced, returned bill from the House of Representatives numbered and entitled as follows, together with the objections of the Governor:

HOUSE BILL No. 803

An Act clarifying the powers of constables, county de- tectives, sheriffs, deputy sheriffs, waterways patrolmen and game protectors.

The clerk read the following amendments made by the Senate:

Amend Title, page 1, line 4, by inserting after "docu- mpnts" the following: "and revising and reenacting separately certain related provisions"

Amend Bill. naee 6. line 14. bv striking out after "a" , & -

the words "aovernment agencl"-and i n s h n g "~olitical - - . . . subdivision"

Amend Bill, page 12, lines 10 and 11, by striking out all of said lines and inserting immediately thereafter

line. Amend Bill, page 23, lines 1 through 13, by striking out

all of said lines; line 29, by striking out after "of" all the remainder of said line; line 30, by inserting at the beginning of the line "General Services,"

Amend Bill, page 2 4 , line G, by striking out after "for" all the remainder of sald ]me; l ~ n e 8, by strlking out after


"of" the words "Property and Supplies for" and inserting "General S~rv ices for the expenses of the joint committee and for"; line 21, by striking out after "of" the words "Property and Supplies,', and inserting General Services,

Amend Bill, page 26, lines 25 through 27, by striking out all of said lines; line 28, by striking out at the beginning of the line "(8)" and inserting "(7)"

Amend Bill, page 27, line 20, by striking out after ‘,of,, all the remainder of said line; line 21, by striking out at the beginning of the line "Supplies" and inserting "General Services"

Amend Bill, page 28, line 19, by striking out after "of" the words "Property and Supplies," and inserting "Gen- eral Services,"

Amend Bill, page 29, lines 22 through 27, by striking out all of said lines and by inserting in lieu thereof the Collowing:

( 2 ) In the case of any other political subdivision ail- thorized to adopt a home rule charter or optional plan of government, the county board of elections shall file the 3ocuments relating thereto in the Department of Com- munity Affairs and in other public offices as provided by the Act of April 13, 1972 (P. 1,. 184, No. 62), knowm as :he "Home Rule Charter and Optional Plans Law."

Amend Bill, page 31, lines 13 through 24, by striking jut all of said lines.

Amend Bill, page 35, line 16, by striking out after 'bulletin." all the remainder of said line; lines 17 through ?1, by striking out all of said lines.

Amend Bill, page 37, line 12, hy striking out after "oE" he words "Property and Supplies" and inserting "Gen- :ral Services"

Amend Bill, page 40. line 17, by striking out after 'therein" the following: "issued. prescribed or promill- {ated"; line 18, by inserting at the beginning of the line 'officially filed for public inspection"

Amend Bill, page 43, by inserting after line 17 the ollowing:

Section 3. (A) Official documents, records and papers :ept by the Legislative Reference Bureau pursuant to my requirement of law, or any entries therein, when ad- nissible in evidence for any purpose, may be evidenced ~y the official publication thereof or by copies which lave been duly certified by the director or the assistant lirector of the bureau.

(B) A written statement that, after examination of the locnments, records and papers of the bureau, no recorc! r entry of a specified tenor is found to exist, authenti- ated as provided in subsection ( a ) , is admissible as vidence that the documents, records and papers contain o such record or entry. (C) It shall he the duty of the director or assista"t

irector of rhe bureau, upon receipt or acceptable prom- ion for payment of the fees established therefor, to cause

copy of the document, record or paper, or a statement, ia t no such record or entry is found to exist to he made nd authenticated as provided in subsection' (a) and to eliver such copy or statement to any person entit1t.d hereto.

(D) A copy of a record of filing or publication of a ocument or the absence of filing or publication of a ocument, authenticated as provided in subsection (a). lall he admissible as evidence that the filing or publica- on of a document or absence of filing or publication of document disclosed therein was in fact taken or omit-

?d. (E) Unless directed otherwise by the court or the

residing officer of the government agency, whichever is pplicable, delivery to the court or agency of a certifica- on issued under this section shall constitute sufficient lmpliance with a subpoena directing an officer or em- loyee of the bureau to appear for the purpose of pre- !nting testimony or producing documents relating to ~atters set forth in the certification or accompanying scuments. (F) Whenever a certification is issued by the bureau

lrsuant to the provisions of this section, the bureau shall large a reasonable fee for such certification. The direc- 'r of the hureau shall determine and establish by regula- on the amount of the certification fee. Section 4. Pending codification of Title 2 of The Penn-

sylvania Consolidated Statutes (relating to administrative law and procedure) a reference in Title 45 of The Pennsylvania Consolidated Statutes to "Subchapter A of Chapter 3 of Title 2 (relating to regulations of Common- v~ealth agencies)" shall be deemed a reference to Sections 102 and 201 through 208 of the Act of July 31, 1968 (P. L. 769, No. 340), known as the "Commonurealth Documents Law," and a reference to "2 Pa. C. S. § 301 (relating to notice of proposed rule making)," 2 Pa. C. S. $ 30'2 (relating to adoption of administrative reylations)," "2 Pa. C. S. $ 305 (relating to approval as to legality)," "2 Pa. C. S. $ 306 (relating to format of regulations)," or "2 Pa. C. S. $ 308 (relating to unfiled administrative regulations invalid)" shall he deemed to be a reference to Sections 201, 202, 205, 206, or 208 of said Act, respectively.

Section 5. Where official and legal advertising is required of a third class city located in two counties, such advertising shall be binding and effective if done in the newspapers of general circulation, official newspapers and legal newspapers, as defined in Title 45 of The Pennsylvania Consolidated Statutes (relating to legal notices), published in the county where such city was incorporated.

Section 6. Notwithstanding 45 Pa. C. S. 5 723(h) (relating to status of revised text) an agency may file written objections with the joint committee within 60 days after receiving the revised text of any regulations not previously published in the Pennsylvania Code which were filed in the Legislative Reference Bureau prior to the enactment of this Act.

Amend Bill, page 46, by inserting after line 22 the following:

Section 1916, Act of June 23, 1931 (P. L. 932, No. 317), known as "The Third Class City Code."

Section 1810, Act of June 24, 1931 (P. L. 1206, No. 331), Icnown as "The First Class Township Code."

Section 809, Act of May 1, 1933 (P. L. 103, No. 69), lrnown as "The Second Class Township Code."

Section 512, Act of May 10, 1949 (P. L. 30, No. 14), known as the "Public School Code of 1949."

Amend Bill, page 47, by inserting after line 9 the following:

Section 1409, Act of February 1 , 1966 (1965 P. L. 1656, No. 581), known as "The Borough Code."

Amend Bill, page 47, line 20, by striking out after "Section" the numbers "4" "6." and inserting "8."; line 24, by striking out after "Section" the numbers "5" "7." and inserting "9."

0" the question, Will the House concur in the amendments made by the

senate?

The SPEAKER. The Chair recognizes the majority leader,

Mr. IRVIS. Mr. Speaker, I ask that the House do concur in the amendments inserted by the Senate to House bill No. 65, printer's No. 3232.

On the question recurring, will the H~~~~ concur in the alnendments made by the

Senate?


YEAS--I91

,'aham Gallen I~ ICC;~I I ~uggiero Arodenon. J. H. riarna McClatchy Ryan

G r e ~ e y n1i:cur Seiloom parbe, ~eisler ~ c w n n i s Salvatore n e l l o m ~ Gcorbre ~c l ! i t . vr - Scheaer uennctt ,;;ammareo 11er~me Sehmitt "ere" ~;llesp?e ~ e l i o s Sehweder R"l'n Gllldte ~m!:om Selrica

2:;zn iil-c.son Milano~,lch Seltrcr

ljonetto Goodman Miller. M. E. Shanc Cree" i l l E., J . Shelhsmer

Ilratlley Greenfield !Milliron Shelton nradt Crieeo Niiscuvick~ shuman

5748 LEGISLATIVE JOURNAkHOUSE June 29,

Bl~llller Gring MOehlmann Shupnik Burns Halverson Momis s m m i Butera Harnllton. J. H. Mrkonie Smith. E.

Hammock Mullen, M. P. Smith. L. Caputo CFSSB~ Hasay Mullrn S ~ e n ~ c r Cianciulu Ifaskell Mwto Stahl ciminl Hayes. D. S. Myers Stapleton Cahen Hayes. 5. E. Novak Stout cowetl FIepIord Noye Taddonio Crawlord Hill O'Brien Taylor Cumberland Hutchinron. A. O'Canneli Tho- Davlu FIutehinr~~, W. O'Donnell Toll UeMedlo Irvis O'Keefe Trello Deverter rtkin Oliver Tumer DeWeese Johnaon. I. Pancoast vslicentl Uicarlo Kstz Parker. H. S. Vroon DiDanato Kelly, A. P. Perri wansaez Dletz Kelly, J. B. Perry Wargo Uinlnnl Kerniek P~traiee Weidner rlornbrow& Kistler Pievsky DOIT Klingampn Pitts westerberg Whelim Doyle Kolter Polite Wlegins Dumas Ko~alyshyn Pratt Wll~on Ijreibelbl. Kusse Prcndcrgan Wilt. R. U'. Ec!rcnsberger LsMarca Pylrs wilt. w. W. Englehart Laudadlo Rappaport Wo~fi low Fawcett I..aughlin llavenstahl W'ight Flee Lederer Reed Yohn Fiseher Lehr Renninger Ze~c€oss Fisher Letterman Renwick Zciler Plahertr Levi Rhodes z o r l Foster, A. Lincoln Richardson Zwlkl Foster. W. Lynch Rieger Freind Manderino Ritter rineman. Fryer Manmiller ROSS Gallagher

NAYS-0

NOT VOTING-12

Cole Knepper l'~tynopk1 I5'illlarns Gleaaon Logue Wagner U ' U ~ O Q B

Hopki~u McGraw walah. T. P. Yshner


and the amendments were concurred in, Ordered, That the clerk inform the Senate accordingly.

qualifications of and allowances to recipients of assistance providing for the prepayment of contracted medical services and

Amend Bill, page 1, line 12, by striking out after "amended" the words "by adding a definition"; line 15, by striking out all of said line.

Amend Bill, page 2, line 27, by striking out all of said line.

Amend Bill, page 4, line 7, by striking out after "register" the following: "with the Bureau of Employ- ment Security"; line 14, by striking out after "a" the words "Bureau of Employment"

Amend Bill, page 5, lines 4 through 13 by striking out all of said lines; line 14, by striking out at the beginning of the line "(C)" and inserting "(B)"; line 17, by striking out at the beginning of the line "(D)" and inserting "(C)"

Amend Bill, page 6, line 6, by striking out at the beginning of the line "(E)" and inserting "(D)"; lines 9 and 10, by striking out all of said lines; line 11, by striking out at the beginning of the line "(3)" and inserting "(2)"; line 12, by striking out after "subsection" the letter "(D)" and inserting "(C)"; line 13, by striking out after "a+sistance3' the word "where"

Amend B111, page 6, by inserting after line 18 the following:

(E) The department shall, within twelve months of the effective date of this Act, establish a series of demonstration projects which will have as their primary purpose, the obtaining of bona fide employment for non-exempt assistance applicants and recipients. The demonstration projects may be substituted for the registration required by Subsection (a). The demonstration projects shall include, but not be limited to referral to private employment agencies under contract with the department and the establishment of an employment officer in count> board of assistance offices. Those demonstration project: considered by the department to be successful after a1 least a twelve-month trial period may be made permanent on either a statewide or localized basis. During thc trial period, a demonstration project may be expanded Every demonstration project must include adequate provision for evaluation and each evaluation shall includc participation by members of the public. Nothing in thi: subsection shall be construed to permit the implementa- tion of a demonstration program which would require ar anolicant or reci~ient to nerform work as uasment for ar

CONCURRENCE IN SENATE AMENDMENTS No. 694

M,.. IRVIS called up for concurrence in senate amendments, from page 13 of today's calendar, House bill No. 694, printer's No. 3481.


FOR CONCURRENCE


HOUSE BILL No. 694

An Act amending the act June 13, lg6l ('. L. 313 No. 21), entitled "Public Welfare Code," adding a, definition and further providmg for admln~stratlon of ellglb~llty for qualifications of and allowances to recipients of assistance, providing for the prepayment of contracted medical services and further providing for the right to inspect facilities.

with the information that the Senate has ~ a s s e d the same with amendments in which the concurrence of the House of Representatives is requested.


Amend Title, page 1, line 3, by ,+erting a f t e ~ "Cam- manwealth"" the followmg: addlng a d e f l n ~ t ~ o n and further providing for administration of, eligibility for,

. . asiistance grant..

Amend Bill, page I , by inserting after line 14 the following: In addition, the department shall take al appropriate measures to secure Federal funding for a1 or part of the demonstration programs authorized by Sub- section (e), including but not limited to a request fo: financial assistance pursuant to Section 1110 of the Fed. era1 Social Security Act.

Amend Bill, page I , line 20, by striking out all of sail line; line 21, by striking out at the beginning of the lint "department of any dereglstration."

Amend Bill, page 7, by inserting after line 23 the fol lowing:

(H) No department. or agency of the Commonwealtl and no vendor delivering social services funded in wholt or in part by contracts with or grants from the Depart ment of Public Welfare shall discriminate in any manne including employment or job placement against any per son because that person is or was an applicant for o recipient of

Amend Bill, page 9, lines 21 through 30, by s t r i k h out all of said lines,

Amend Bill, page lines 1 through 8, by striking ou all of said lines; line 9, by striking out at the beginnin, of the line "(D):' and inserting ':(C)':i line 16, by strikin. !ut a t the beglnnlng of the lme (E)" and insertln

(D)"; line 30, by striking out at the beginning of the lin 'c(F)M and inserting G'(E)22

Amend Bill, page 11, lines 4 t h ~ o u g h 6, by striking ou all of said lines;,line 19, by strlkmg out all of s a ~ d line line 22, by strlklng out after "405.1." the words "exce~: that"; lines 23 through 28, by strlklng out all of said line,

Amend Bill, page 12, lines 4 through 9, by striking ou el of said lines; line 22, by striking out at the be glnnlng of the llne "appropriate"

Amend B111, page 13, line 15, by striking out afte

NOT VOTING-11 The SPEAKER. The Chair recognizes the majority

:ader. Kncpprr Warner W 0 j d d < McCraw WaIsil. T. P. Yahner

~ ~~ ~-

Mr. IRVIS. Mr. Speaker, on this question of whether 1 '"ammock Cst)noski Wllliams r no( the IIouse will concur i n amendments inserted The majority required by the constitution having voted le Senate to House bill No. 694, I ask that the vote be in the affirmative, the question was determined in the I the negative. and the amendments were concurred in.

The SPEAKER. The Chair recognizes the minority Ordered, That the clerk inform the Senate accordingly.

ader. Mr. BUTERA. Mr. Spealrer, 1 intend to vote in favor, UT-TESTION OF PERSONAL PRIVJLEGE

i concurrence on this hill but not because I consider this i The SPEAKER. The Chair recognizes the gentleman I be any major step toward welfare reform. It is not. from Allegheny, Mr. Caputo. For what purpose does the

is s small step in the right direction. But I would / gentleman rise? Ipe that the awareness of this body of a nred to / Mr. CAPUTO. I rise to a question of personal privilege. rengthen the welfare system lo provide help for the I The SPEAKER. The gentleman will state it. uly needy will be made more acute with the passage of : Mr. CAPUTO. Mr. Speaker, when the Ilnuse voted on ,is bill. I would then hope that someday a coalition of / House bill No. 694, printer's No. 3481, on concurrence in epuhlicans and Democrats can work for true welfare; Senate amendments, I inadvertently turned my switch form such as we accomplished in 1974. j the wrong way. I would like to be recorded in the Thank you, Mr. Speaker. I affirmative.

5750 LEGISLATIVE J O U R N A L H O U S E June 29

The SPEAKER. The gentleman's remarks will be not- Will the House concur in the amendments made by tht ed for the record. I Senate?


Mr. IRVIS called up for concurrence in Senate amendments, from page 14 of today's calendar, House bill No 856, printer's No. 3496.


FOR CONCURRENCE


HOUSE BILL No. 856

An Act amending the act of June 1, 1956 (P. L. 1959, No. 657), entitled, as amended, "An act fixing the salaries and compensation of the Chief Justice and judges of the Supreme Court, the President Judge and judges of the Superior Court, the judges of the courts of common pleas, the judges of the orphans' courts, the judges of the County Court of Philadelphia and the judges of the County Court and Juvenile Court of Allegheny County, certain associate judges not learned in the law, certain state officers and the salary and expenses of the members of the General Assembly and repealing certain inconsistent acts," making a change relating to time of payment providing a procedure for changing mileage.



Agreeable to the provisions of the constitution, the yea! and nays were taken and were as follows:

Abraham m u n Barber Bellominl Bennett Bere" B e r b B- Bittlr Bonefto Bradley Brandt Brunn" B u n u nutera Caputo Ce- Cianciulll c i m n l Cohen c o w e u Crewlord Cumberland DeMedio DeWeese Dicerlo DIDOIIB~O Dfetz D.n?~b~owsLI Doyle DreISelbln Durn88 Erkensbergu ?:n~lehiui Pawcrtt Fee Flsher :ple!leny

Foster. W . Freind Wyer Gallagher GRTZIB Liersey Gelsler Giammarm Gilleapia Gleeson Goodman Greenfield Grieeo Gnng Hanulton. J. E Harkell Hayes, D. 8. mu Hopkim Hutchlnsn. A. Hutchimon. W. Irvls Itlrln Johnson. I. Katz Kelly, J . B. Kelly. A. P. Kistler Kllngaman Koltel Koaalyshyn KUSSe L3kl;LaTCB Lauc!adio I.uushlb Ledzrer

Oiivcr Parker, H. S Perrr I'erry petrarcll Pirvskr Prendereast Rappauori I I ~ ~ e l a h t ~ h l Rced Hhodes ~ ~~

Richardson Riegrr Ritter Ross

Ryan Salvatore Sehmitt Schweder S M U l mane Shelhmer Sheltm Shupnlk srmth. E. Smith. L. S p n a r Stapleron stout Taylor lhumaa Toll w e r Vloo,, Warso Weldner Westerbrrs Whelsn Wigginn Williams Wilson wm, n . w. Wilt. W. W. Worlilow W m h t Y0hn Zearl0&, mrd ZwUl

PUl-a,, Spenn.

leader. The SPEAKER. The gentleman will state it. Mr. IRVIS. Mr. Speaker, I ask that the House do

Mr. RENNINGER. MI.. Speaker, on the last hill yo 'Oncur in the amendments inserted by the to switched me off before the electricity reached m House bill No. 856.

switch. I would like to be recorded in the affirmative o

Amend Title, page 1, line 12, by inserting a period after "mileage" and by striking out immediately thereafter "and"; lines 13 through 16, by striking out all of said lines.

Amend Bill, page 2,. line 10, by inserting after "and" the words "per mile circular"; line 11, by deleting after "homes" all the remainder of said line; line 12, by deleting all of said line; line 13, by deleting at the beginning of the line "mile circular" and inserting the following: based on the rate established by rules and regulations of the United States Internal Revenue Service,

Amend Bill, page 2, line 18, by inserting after "an" the word "accountable"; line 21, by deleting at the hc- ginning of the line "eight thousand four hundred dollars ($8,400)" and by striking out immediately thereafter all the remainder of said line; line 22, by striking out at the beginning of the line "dollars ($5.000)," and inserting -seven thousand five hundred dollars ($7,500)"; line 23, by deleting after "in" the word "equal"; lines 28 through 30, by striking out all of said lines.

Amend Bill, page 3, lines 1 through 30% by striking out all of said lines; page 4, lines 1 through 18, by striking out all of said lines and by inserting immediately thereafter the following:

Section 2. This Act shall take effect immediately.

On the question, Will the House concur in the amendments made by the

Senate?

The SPEAKER. The Chair recognizes the majority

On the question recurring, I concurrence in Senate amendments to House bill No. 85(

~ ~ d ~ ~ ~ ~ ~ . I.& yes,^.^. Blenliorn Renwlek Dsvies Iiepford M ~ I I M E . s . Salwm Deverter em& Mis~evieh Scheaffer Dorr Lehr Mrkonic shuman F:6':rA, Lettennan Nolrnk BVlsmi

Logue Pallcoast Gec,rge

Stahl McClatchy ntts Taddonlo

c i n e n e McCue Polite Trello Green MeGinnir Prstt Wansacz Halvermn Mebus Pyles Zeller ="a?

1 NOT VOTING-15

Yammock S l h a r Walsh, T. P. I,i7!n,,, ~ r i s p p c i ~StJmoskl Wold& can,, MCCI-DW Va!icenti Yahner Cleason Renninger Wagner

The majority required by the constitution having vote in the affirmative, the question was determined in th affirmative and the amendments were concurred in. 1 Ordered, That the clerk inform the Senate accordinglJ

QUESTIONS OF PERSONAI. PRIVILEGE The SPEAKER. The Chair recognizes the gentlema

from Bucks, Mr. Renninger. ??or what purpose docs th gentleman rise?

Mr. RENNINGER. I rise lo a question of person: nrivileee.

LEGISLATIVE JBURNAIIHOUSE

. . . . -.. ments, from page 14 of today's calendar, House bill No. ~ ~ m ~ ~ ~ h d 1089, printer's No. 3410. uaviw


The Chair recognizes the gentleman from Bedford, Mr. Dietz. For what purpose does the gentleman rise?

Mr. DIETZ. I rise to a question of personal privilege. The SPEAKER. The gentleman will state it. Mr. DIETZ. Mr. Speaker, I would like to have my

vote recorded in the negative on House bill No. 856, printer's No. 3496.



Mr. IRVIS called un for concurrence in Senate amend-

.%braham

z;:z '' TJarber

:::iF*M Berm

:giFn ~ i t t ~ , iionetto SPSclle, i3,,dt tirunnex B W Rhrcra Cnputo Cessar

::;&'U Co'len cnwm

YEAS-191

Glllicn Manrnlller Garzla McCail Geese, MfClatchy Geisler MeCue Gcorge McGlnnis Gramm- McIntyre GOlespie &fcLnne GiUette Mebus Clres~n Menhom Goodrnm Miim~avich Green rdlller. M. E. Greenfield Miller, M, E., Gdem Millimn Gring Mwevich Xelvemon Maehlmann F1:imllton. J. H. Morris Has~y Mrkonie 1IaskW Mullen. M. P. Baues. D. S. Mullen Hayes. S. E. Musto Hepfora Myers Hill Novak Hopkina Noye Hulchlmon. A. O'Brien Hutehlnfion. W. O'Comell Irvis O'Doonell ltkh O'rieefr Johnson. J. Oliver Katz Pancoast Kelly, A. P. Parker. H. S. Kdly, J B. I'erri Kemiek Perry Kistler Petrarea Klingaman PiivsQ Kolter Pit& Kowalyshm Polite Kuse Pratt L3Marca Prcndergast Lnodsdio P~ll.8 T.iughlh nappaport LeAerer Kavcnstahl Lehr Xeed Letterman Kennmger Ley1 Hrnwiek Lineolll iiilodea Logue 1:ichardsoil LmeO Rieger Manderino Ritter

SENATE MESSAGE

AMENDED HOUSE BILL RETURNED FOR CONCURRENCE


HOUSE BILL NO. 1089

An Act amending the act of June 17, 1974 (No: ?07), zntitled "An act amending Title 1 (General Provls~ons) ~f the Consolidated Pennsylvania Statutes, providing for in official publication of the Consolidated Statutes, add- n g provisions relating to unofficial statutory provisions, :hanging provisions relating to the correction of errors in ~ n d printing and distribution of statutes, repealing in- :onsistent statutory provisions and making an appro- ?riation," changing the amount and extending the period or the appropriation for the publication of the Consoli- iated Statutes.

with the information that the Senate has passed the same vith amendments in which the concurrence of the House

NAYS-0

NOT VOTING-12

DsMedlo I>e"erta DeWees. Dlearlo ?iDonato Die* Dinlnnl D o r n b r o m DO^ Doyle Dreibelbh Dumas Eckensber* nglehprt " a w c a ""'

F,ahpm ~,t.,, A. ~mter , w. Frelnd Fryer "aUagher

Ross Ruggtero Ryan sBlc0m Salvatore Schrsifer Sehmitt Sehwrder s c l n r l

Spencer Stahl StapMon stout Tadboniu Taylor Thamns Toll Trcllo Turner vrmn wansacz Wargo Weidner Waterberg Vaelan Wiggins Wkon WUt. R. W. Wilt. U'. W h-omilo,? Wrisbt Yoim

Weman, Speaker

)f Representatives is requested. Knepper VzillcenU WIlUams MaGraw U'slwr; Wojdak

The clerk read the following amendments made by the ::;tynoslil wdr~ . , T. P. ~ahner ienate:

Amend Section 1, page 2, lme 2 by deleting after Bureau" the following: "for the period Ju!y 1, 1973 to une 30, 1975" and striking Out lmmedlately tlrere- fter "1976," Amend Section 2, page 2, line 5, by striking out after

and" the remainder of said line; line 6, by striking out t the beginning of the line "finally enacted after June 0, 1975,


lenate?

Agreeable to the provisions of the constitution, the yeas With the information that said bill had been passed by nd nays were taken and were as follows: both Houses and vetoed by His Excellency, the Governor,

The majority required by the constitution having voted in the affirmative, the question was determined in the affirmative and the amendments were concurred in.

Ordered, That the clerk inform the Senate accordingly.

SENATE MESSAGE The clerk of the Senate, being introduced, presented

Senate Bill numbered and entitled as follows, together With the Of the

SENATE BILL No. 1542

The SPEAKER. The Chair recognizes the majority ?ader.

Mr. IRVIS. Mr. Speaker, I ask that the Ifouse do oncur in amendments inserted by the Senate to I-Iouse ill No. 1089.

On the question recurring, Will the House concur in the amendments made by the

enate?

An Act relating to the fiscal affairs of the Common- wealth concerning duties of the Governor, the Secretary of Revenue and the Budget Secretary with respect to the submission of and signing the budget for any fiscal year; and after a budget is enacted regulating the issuance of warrants by the State Treasurer for certain requisitioned funds and imposing duties on persons authorized by law to issue requisitions for the payment of moneys from the State Treasury; and prescribing that Federal funds received by the Commonwealth shall be deposited in the General Fund account with certain exceDtions.


and has since been reconsidered in the Senate and passed by the necessary two-thirds vote, the objections of the Governor to the contrary notwithstanding.

COMMONWEALTH OF PENNSYLVANIA GOVERNOR'S OFFICE

HARRISBURG

june 28, 1976

To the Honorable, the Senate of the Commonwealth of Pennsylvania:

I return herewith, wi th0u t .m~ approval, Senate bill No. 1542, printer's No. 2068, entltled "An Act reatlng to the fiscal affai;s of the Commonwealth concerning duties of the Governor, the Secretary of Revenue and the Budget Secretary, wlth respect to the submlsslon of and S!gnlng the budget for any fiscal Year; and, after a budget 1s enacted, regclating the issuance, of warrants by the State Treasurer for certaln requlsltloned funds and lmposlng duties on persons authorized by law to issue requisitions for the payment of moneys from the State Treasury; AND PRESCRIBING THAT FEDERAL FUNDS RECEIVED BY THE COMMONWEALTH SHALL BE DEPOSITED IN THE GENERAL FUND ACCOUNT WITH CERTAIN EX- CEPTIONS."

If the funding principle embodied in Senate Bill No. 1542 were to prevail, it would totally hamstring Perm- sylvania's ability to utilize and acqulre federal funds.

I? would virtually destroy the flexlblllty of every level of government in this State to seek out, and then use, federal money creatively and effectively.

The issue in Senate Bill NO. 1542 is not the actual aP- propriation of federal funds by the General Assembly. That issue wlll be resolved Only when the General Assem- bly acts upon a federal funding bill on a line by line basis.

It is my belief that federal funds can only be appropriated by the Un~ted States Congress and that those funds are earmarked directly for the agencies and Pro- grams embodied in federal legislation and regulations.

I believe strongly that my position will prevail. But, until it does, Senate Blll NO. 1542 would cause

havoc in the interim period between its enactment and a final resolution, of the federal funding issue.

Even worse, d my posltlon does not prevail, Senate Bill No. 1542 could cause even greater havoc over the long term if i t becomes law.

Members of the General Assembly, on both sides of the aisle, have often urged both State and local governments to accelerate their quest for additional federal funds.

But now, with this bill, members of the General Assem- bly would stifle those efforts.

How would this happen? By preventing the ,State Treasurer from paying out any

and all federal monles which have not been speclflcall~ appropriated by the General Assembly, Senate Bill No. 1542 completely inhibits State and local government from receiving expected monles and acquiring new federal funds.

The principle established in this bill is so restrictive as to lead to complete atrophy.

The bill assumes that the General Assembly will, on almost a daily bas% be m a ~OSltlOn to q u l c k l ~ appropriate necessary funds and to ratify the acquisition of new grants.

But what will happen between the time the General Assembly adjourns in June and reconvenes in September?

Or what will happen during the time between its Con- stitutional adjournment in November and its new session next January?

If the forthcoming federal funds bill overlooks some items of federal funding, those funds won't flow to local communities, school boards and other agencles unless or until the General Assembly returns and takes appropriate

shows it can utilize the money effectively and quickly, gets first crack at the federal grant.

If some federal agency 1s lookmg for a prime sponsor for a new program, i t will hardly look to a Pennsylvania program if we have to wait for months to appropriate the funds.

If the General Assembly is concerned about such programs continuing with State funds once federal funds cease-and this is a legitimate concern-they have it within their existing power to terminate such programs. There is no need for Senate Bill No. 1542 to correct this situation.

Furthermore, what will happen if Congress appropriates more money for an ongoing program than we presently anticipate?

~ n d what are the implications of Senate Bill No. 1542 for capital programs, especially critical needs in the Motor License Fund and other special funds?

Those funds and others could well languish in Washing- ton qr be lost to another state because of the hamstringing requirements of Senate ill NO. 1542.

I am well aware that there is a difference of opinion among professional budget analysts concerning the impact of this bill. Some believe that, if the General Assembly sets up restricted accounts or resorts to other legislative devices, ,pass through federal funds could flow to local communities uninterrupted by the strictures of Senatc e ill NO. 1542.

But it would take many months to set up those account: by legislation, a costly, tedious and time-consuming process. ~n the intervening period of time, the very evils which I have described would take effect lor all federal funding, State and local.

If, in the meantime, the General Assembly's viewpoint were to prevail in the courts that they have an absolute right to aporopriate federal funds on a line by line basis- a position I disagree with-there will be no avoiding thc fact that, in one way or another, all federal funds, State and local, which pass through the State Treasury, must be appropriated by the General Assembly if Senate Bill No 1542 becomes law.

Therefore, the members of the General Assembly shoulc consider very carefully whether they want to be resoon- sible to every local community, school board and govern. mental agency which will come to them with desperate and legitimate complaints about the failure of federa funds to flow to their projects.

I t will be the grave responsibility of each member ol the General Assembly who votes to override this veto, t r explain to his or her own people on the local level wh) the money isn't there.

Indeed, the situation could become so critical that might have no recourse as a responsible Governor thar tc call the General Assembly into repeated special session! to pass every dollar of overlooked or unanticipated federal money and to set up, one by one, the hundred or st restricted receipt accounts which must be carefully am meticulously drawn up for the sole purpose of getting around Senate B111 No. 1542.

This is the last thing I would want to do. B U ~ I will not sit by and watch federal funds go else.

where or get logjammed on their way to our local com munities because of the stringent and restrictive feature, of Senate Bill No. 1542.

I Urge the General ~ ~ ~ ~ ~ b l ~ to my veto of thi bill. Let's not block the mechanism whereby federa funds continue to flow even if we do disagree on the linl by line appropriations bill itself.

There is no member of the General Assembly who waill to spend the summer months explaining why federa funds are not movlng to the local level because of his o her vote.

For these reasons, I am returning, without my signature Senate Bill No. 1542, and urge the General Assembly t, sustain my position in the general public interest.

action. If a new federal program is passed by Congress in the

intervening months, Pennsylvania's State and local agencies will be at a severe disadvantage in seeking and utiliz- ing those funds because they will not have been appropriated by the Legislature.

MILTON J. SHAPP GOVERNOR

on the question, Shall bill become a law, the objections of His Ex

Often, the first state or local community in line, which cellency, the Governor, to the contrary notwithstanding


. ~. cessar Cianeiullt Ciminf COWPI1


Mr. IRVIS. Mr. Speaker, on this question, I ask that the House vote in the affirmative.

On the question recurring, Shall the hill become a law, the objections of His Ex-

cellency, the Governor, to the contrary notwithstanding?


YEAS-169

Don' Doyle nrribelhls D u n i a ~ Eckcnsberger l?n~l-iehart Faweett Pee Feohel Fleherty Foster. A. roster. W. Freind ?nier >anasher

Mr. RENNINGER. I rise to a question of personal privilege.

The SPEAKER. The gentleman will state it. Mr. RENNINGER. In view of Mr. Scirica's statement

with regard to the override of the Governor's veto of Senate bill No. 1542, I would like to he recorded in the negative rather than in the affirmative.


INTERROGATION Mr. PRATT reauested and obtained unanimous consent

Gsflm G~r'da

E Oerney G"ls!er Georpc Giammarro ':'llespie Glllette :-;lPl.son GoOdmZ," (:reen Gre~nfleld O r l l ~ ~ " Grin< H ? I Y P ~ o ~ >!;:say T<?s':ell 111ves. n. s. ' i . i . i rr . Y. E. F,~,,f, ,?d IIIll :?opMna I<utrhlnson. A. AutchLmnaon. W. ir,.is mtkln Johruon. J. Kstz Kelly, A. P. Krllv, d. 8. Icemlek KisI l~r Klinganian Koltcr Kowalyshyn Laudadlo LnughlIn I..+.IcI L . ~ h r Letterman Lev1 I.l"c"in 1.ogue

Lmch Rieger Manderino Rltter Mm",ill", Rosa M?C?II Rugglern MeCue Ryan MrC:inntl Ilalwm Mcintyre Salvatore Mcl.sne Seheaffer \Irhu Schmltt Mennoin Sehweder Milnnnvlch Seltzer ~Mlller. M. E. Shar;e M I 1 M. E .I. Shelhsmer Xilliron 8h.1k.m Moehlmann Shuman >:~lrri~ Shupnik M P ~ D P ? C SirImi Moilcn. M. P. Omltb E. Blullcn s m i t h L . b?llsto Spencer Myers Stmzt Novak Twlor Noye Tho- O'Brien Turner O'Conncll Vnlteentl O'Keefe W-V. 0 H ~ e r w-0 Pancoast W e t d n ~ Parker. H. S. -Ian PPTTI Wiggins PtLr.+ma Wllliams Piersky Wilt, R. W Plttn Wilt, m. w. f'ollte Womilow Prat'. Wr+ght Prendergpst YDhn hrlee ZeUer R B P P R P O ~ ~ Zord Rsvenstahl hrtkl Reed Renwfck meman. Rhodes S ~ e a k e Riehardaon

iiam!l:on, J. 8. Perry Toll K t a s s ~ Erincn Vnan LaMarea S b h l Wnterberg McClatchy Strpleton W1180n \Tiscevleh Tlticionlo M o m r)'Dnnnell

NOT VOTING-12

to interrogate Mr. IRVIS. Mr. PRATT. Mr. Speaker, I would like a clarification

on a matter concerning the Governor's Justice Commis- sion. I t seems there have been some communications between the executive director of the Governor's Justice Commission and the regional offices of the commission concerning the effect of Senate bill No. 1542 if it becomes law. I will quote from one of the communications, which states: "The Bill would be effective immediately upon enactment into law. If this Bill were enacted into law, the State Treasurer would immediately refuse to issue any warrants for the disbursement of LEAA funds now in the State Treasury and would also refuse to disburse matching state funds for this program."

What these letters are saying, Mr. Speaker, is that the programs funded through the Governor's Justice Commis- sion would stop immediately and would be jeopardized by the passage of this legislation. Mr. Speaker, I wonder if the majority leader could clarify that for the members of the General Assembly?

Mr. IRVIS. Yes, Mr. Speaker. For each member who has received such a communica-

tion and for each citizen who has been misinformed by the Justice Commission, this is the answer: Senate bill No. 1542 would not and does not cut off the flow of Fed- eral funds. It says that the flow of Federal funds is at rest in the hands of the General Assembly.

A bill, House hill No. 1366, has already been amended by the Senate. That bill will move to the floor of the House for concurrence in amendments tomorrow. In that blll, there will be contained a line item of, I believe, $8.3 million-yes, $8,382,000-for the Justice Commission. Every single, solitary regional and local project will be funded for the Justice Commission. I t is not factual that we will cut off, by our actions on the floor of this House, any local or regional projects.

Mr. PRATT. In other words, Mr. Speaker, the local municipalities that have applications pending with the Governor's Justice Commission, or will have, will not be

:he affirmative, that the bill become a law, the objections l f His Excellency, the Governor, to the contrary notwith-

hie ~neppcr Tiello W n u . T. P. lieason MrGraw l ."s t~m~~!c i Wojdak a am mock Rennioger Walpl~ Yehnu

The two-thirds majority of the elected members having voted in the affirmative, the question was determined in

I QUESTION OF PERSONAL PRIVILEGE

jeopardized in their funding prospects? Mr. IRVIS. They will not be. Mr. PRATT. Thank you, Mr. Speaker. m, IRVIS, we would not take that action on this floor.

rho, ..,i11 ha

QUESTION OF PERSONAL PRIVILEGE The SPEAKER. The Chair recognizes the gentleman from Bucks, Mr. Renninger. For what purpose does the

The SPEAKER. The Chair recoenizes the eentleman Eentleman rise? - 'rom Bucks, Mr. Renninger. For what purpose d o ~ s the Mr. RENNINGER. I rise to a question of personal zentlernan rise? I privilege. -

LEGiSLATIVE JOURNAG-HOUSE June 29,

The SPEAKER. The gentleman will state it. Mr. RENNINGER. Mr. Speaker, I did not vote on that.

I would like to be recorded in the affirmative on the vote to override the Governor's veto of Senate bill No. 1542. Or do you want to run the vote over, because some of us did not know what that colloquy was going to say?

The SPEAKER. The gentleman's remarks will he noted for the record.

I would remind the members of the House that Senate bill No. 1542 is no longer before the House.

That budget reform bill, House bill No. 2488, grew out of a three-volume study of the state's budgeting process conducted by the nonpartisan and highly respected Penn- sylvania Economy League. The study was initiated at the urging of legislative leaders of both parties, and its $30,000 cost was shared not only by House and Senate Democrats and Republicans but by the Governor's Budget Office.

The House Appropriations Committee held public hearings on the Economy League's recommendations, and the witnesses included the present and past budget secretaries

sWMITTED FOR THE RECORD The SPEAKER. The Chair recognizes the majority

whip.

- The SPEAKER. The gentleman will send the ample, Federal aid, institutional charges regulatory fees)

to the desk. is authorized by state law and that such receipts are ~ u b -

and other experts in state and local finance. Many major recommendations of the study were then incorporated into House bill No. 2488, which had as a major aim the strengthening of our role and the ~rotect ing of our rights

Mr. MANDERINO. Mr. Speaker, I know that Senate bill No. 1542 is not before us. I had prepared remarks, and in deference to the majority leader I did not make the remarks concerning that hill. I think we have taken al? historic step in the House and I would like to suhmit the remarks that I had the intention of making for the record.

in the budgeting process. -

Recommendation No. 12 in Volume 3 of the Economy League Report specifically recommended that the legislature appropriate all Federal funds which are used as augmentations to the state budget. The recommendation said, and I quote: "a carefully drawn procedure should be established to ensure that each augmentation (for ex-

Mr. MANDERINO submitted the following remarks for the Legislative Journal:

Mr. Speaker, at this moment the Pennsylvania General Assembly stands one step away from a bold and historic reassertion of its most important constitutional power- the power of the purse. Ey voting to override the veto of Senate Rill 1542, this House will be saying to this Go"- el'nor and to all future Governors that the executive branch can no longer spend billions of dollars from the state treasury without specific legislative approval.

Each year, in addition to the $5-bi!lion state budget, the executive branch spends about a billion and a half dollars in Federal funds which, for the most part, are with state funds in the state treasury and spent hy ing a state check. Too often in the past these ~ ~ d ~ ~ ~ l moneys have heen used by the executive to continue programs which we have turned down: to start programs which we eventually will have to pay for; and to keep the bureaucracy in Harrisburg well cared for instead of pro- ,.iding to people at the qass-roots level. T~~ often the bureaucracy has manipulated Federal funds in sensitive areas, such as, day care, so as to force the le&lature into increasing state spending. ~t is no secret that bureaucrats, who run most government programs like to spend money. It is also no secret that legislators, who must face the voters, would rather control spending than raise taxes. In the current session alone, this legislature has rejected administration requests for tax increases totaling more than $250 million. But our ability to hold the line on taxes is hindered, unless we can control all

ject to specific annual appropriation by the General As- sembly."

Senate bill No. 1542 is the legislative emhodiment of the Economy League's recommendation. It is also now a necessary companion bill to House bill No. 2488, because the Federal funds' provision has been deleted from the House bill to avoid duplication. Senate bill No. 1542 is thus a vital and historic piece of legislation.

Overriding this veto would represent a significant step into the future for the Pennsylvania General Assembly because state legislative control over Federal funds is gaining momentum across the country. ~ h i r t e e n states already exercise appropriation power similar to that outlined in this bill, and more are moving toward this goal The National Conference of State Legislatures has put or the agenda for its annual meeting this September in an- sas City, discussion of state legislative control over Fed- eral

Mr. Speaker, the House and Senate have already spoker Once, and spoken decisively, in favor of the principlt embodied in Senate bill No. 1542. Against that decisivt Statement by the General Assembly, against the language of the state constitution, against the recommendations o the Economy League Study, and against a strong nationa trend in our direction, we have only the governor's vetr message.

The thrust of that message is that our action today wil inhibit the flow of Federal funds to local governments an( school districts. That argument is inaccurate. The Gov. ernor himself recognizes in the veto message that 'then are, conceivably, devices, known as restricted receipt ac

?pending from the state treasury. Recognizing that without control over the allocation of

Federal funds, the legislature does not really have full power of the purse, this House passed Senate bill No. 1542 by an overwhelming 182-1 margin. The senate passed this hill bv a unanimous 49-0 vote. In addition. this House

counls, which the legislature could use to avoid this poten tial problem and to allow Federal funds to flow as free12

the local level as they have in the past. The argues, however, and I quote: "it would takp many month to set UP those accounts by legislation, a costly, tediou and tlme-consuming process."

also passed, by a unanimous 194-0 margin, a comprehen- sive budget reform hill which, when introduced, had a provision with regard to legislative control over ~ e d e r a l funds similar to the provision in Senate bill NO. 1542.

TO the contrary, the very accounts of which the Gover nor speaks are contained in House bill No. 1366, whicl will be before us tomorrow for a vote on concurrence i~ Senate amendments. The legislation should be in th

LEGlSLATIVE J O U R N A L H O U S E

ago. I urge every member of the House to step across that threshold today by voting "yes" to override the Gover- The SPEAKER. The Chair recognizes the gentleman

from Allegheny, Mr. Itkin. For what purpose does the nor's veto of Senate bill No. 1542. eentleman V ~ C P ?

hends of the Governor before the fiscal year expires tomorrow night.

Our legislative budget staff has worked closely with the staffs of state agencies and the state treasurer to ensure that every restricted receipt account necessary for passing Federal funds down to the local level is established by statute in House hill No. 1366. Thus, the main thrust of the Governor's veto message and the argument that it will be necessary to call special sessions is without merit.

Mr. Speaker, I am convinced that this General Assem- bly stands today on the threshold of a new era, an era in which we will resume the role of equal partner with th? executive branch as envisioned by our ancestors 200 years

- - - - . . . - .. - .. . . . . . Mr. ITKIN. I rise to a question of information.

STATEMENT BY MR. SCIRICA The SPEAKER. The gentleman will state it.

closed that we have put into jeopardy all of the LEAA money that is coming into the state.

Funds to local municipalities must, by Federal law, pass through the state treasurer; they do not go directly to the municipal~ties, and the United States Supreme Court has already ruled that state law cannot override Federal law when it comes to allocating these Federal funds.

So with that in mind, Mr. Speaker, I think we should wait and see what action the Senate takes on the augmentation bill tonight or tomorrow.


QUESTION OF INFORMATION

The SPEAKER, The Chair recognizes the gentleman from Montgomery, Mr. Scirica.

M ~ , SCIRICA, M ~ , Speaker, may I make a brief state- rnent on the override of the Governor's veto of Senate bill h1,. 1 ~ ~ 9 9

Mr. ITKIN. Mr. Speaker, what will be the disposition of Senate bill No. 1542, the bill on which we just voted to override the Governor's veto? Will i t stay in the custody Of the

The SPEAKER. The bill has been messaged over to L.". .ux'..

The SPEAKER. Will the gentleman submit his remarks for the record? The bill is not properly before the House. I have so advised the gentleman, Mr. Zeller, who desired :o make remarks. There were others-Mr. Manderino de-

Mr. SCIRICA. IM~ . Speaker, are you saying I am not l SENATF: BILL NO. 1166

the Mr. ITKIN. I see' Thank you.

SENATE MESSAGE sired to make remarks-who have submitted their re- narks for the record.

The Chair recognizes the eentleman.

The clerk of the Senate, being introduced, presented Senate Bill numhered and entitled as follows, together wilh the objections of the Governor:

illowed to make any remarks? The SPEAKER. I am not saying that. The Chair

las requested of the gentleman if he would not consider ;ending the remarks to the desk for the record rather than

~ ~ - - --- ---- - ~. - -~.

An Act amending the act of July 28, 1953 (P. L. 723, No. 2301, entitled, as amended, "Second Class County Code," defining a term, providing a service increment and option benefits and changing certain retirement ages and years

o make them on the floor. But if the gentleman insists, he Chair will recognize the gentleman.

Mr. SCIRICA. Mr. Speaker, I would like to make a xief statement, if I am in order.

The SPEAKER. The gentleman is in order and may roceed.

- - Of service.

-

With the information that said bill had been passed by both Houses and vetoed by His Excellency, the Governor, and has since been reconsidered in the Senate and passed by the necessary two-thirds vote, the objections of the Governor to the contrary notwithstandine.

Mr. SCIRICA. Mr. Speaker, I think the major part of h e debate can be saved for the Federal augmentation hill which will come to this House tonight or tomorrow. But jenate bill No. 1542 cannot be considered except by look- ng at the Federal augmentation hill. At this point, it is lot clear whether or not LEAA funds will be discontinued )y reason of our passing Senate bill No. 1542 over the :overnor's veto.

If, in fact, the Federal augmentation bill that the Senate s sending to us includes all of the grants that have heen nade by the state planning agency, which, in fact, is the :overnor's Justice commission, then it is possible that iEAA will take no actions to cut off those funds.

However, for L E ~ a to do this, they would have to go :ontrary to a general Counsel's legal opinion that was ssued last year when the Illinois legislature attempted to !o what we are doing today. In that advisory opinion, ,EAA said that they would be forced to cut off all unds.

We still do not know in what form the Federal augmen- ation bill will come to the House and we do not knou7 vhat, if anything, the Governor will do with it. This is me step in the process. But the possibility is not fore-

COMMONWEALTH OF PENNSYLVANIA OFFICE OF THE GOVERNOR

HARRISBURG

June 24, 1976

To the Honorable, the Senate of the Commonwealth of P e ~ s y l v a n i a :

I return herewith, without my approval, Senate Bill No. 1166, Printer's No. 1835, entitled "An Act amending the act of July 28, 1953 (P. L. 723, No. 2301, entitled 'Second Class County Code,' defining a term, providing a service increment and option benefits and changing certain retirement ages and years of service."

This bill provides for a liberalization of the Allegheny County Pension law, including a service increment provision, a survivorship option, a 10% monthly benefit increase not to exceed $45, and reduced immediate retirement benefits for persons under age sixty (60) but who have twenty (20) years of service and are dismissed.

The combination of these additional benefits will add significantly to the unfunded liability of the County's pension system, which amounted to $62.4 million as of July 1, 1974. The only provision to offset these new costs is a partial contribution that would, be required of recent re- tirees in order to recelve the increased monthly beneflt. Otherwise, the assumntion of these additional costs is to he borne by the County government.


I t would not serve the interests of the Allegheny County government, its taxpayers or its employees to add, at this time, to the unfunded liabilities of the County pension system.

Act 293 of 1972 mandated actuarial studies of all local government pension systems, and a Department of Com- munity Affairs analysis of these studies estimated that State-wide the unfunded liabilities of local pension systems exceed $1 billion.

I am concerned that in the case of the failure of this Allegheny County pension system or any other local pension system that the State will ultimately have to pay the bill. I might add that presently the State is providing a subsidy of local pension systems in excess of $30 million a year.

There is a nee?. for broad reform of the fiscal and actuarial aspects of municipal employee pension systems. I note the introduction of Federal legislation to regulate municipal pension systems and a recent State proposal to provide for a pension system review commission.

There is the need in Pennsylvania for the creation of a mechanism at the State level that can provide fair and objective analysis of specific legislative recommendations as well as provide a general overview of the municipal pension field. Proposals to provide such a mechanisnl deserve the full attention of the Pennsylvania General Assembly.

I encourage the General Assembly to join me in a mora- torium on legislative changes to municipal pension hene- fits, such as those envisioned in Senate Bill No. 1166, until such time as we can create an appropriate vehicle that will effectively monitor and comprehensively review Pennsylvania's various pension systems.

For these reasons, the bill is not approved.

MILTON J. SHAPP GOVERNOR

On the question, Shall the bill become a law, the objections of His Ex-



Mr. IRVIS. On the question, Mr. Speaker, I ask that the vote be in the affirmative.

The SPEAKER. The Chair recognizes the gentleman from Lehigh, Mr. Zeller.

Mr. ZELLER. Would the majority leader explain what this is about, because some of these hills we forget? Please, explain it.

Mr. IRVIS. Senate bill No. 1166 concerns the Allegheny County pension plan, It was passed both the IIouse and the Senate and vetoed by the Governor.

Agreeable to the provisions of the constitution, the yeas by the necessary two-thirds vote, the objections of th and nays were taken and were as follows: Governor to the contrary notwithstanding.

Clmllll Hi11 Novak Spencer cOweu Hopkins O'Brien stout

Hutchinson. A. O'Connell gf;"$zz~&,d Irv,s Taylor O'Donnell Toll DeMedlo itkl;; U'Kcefo Thomas veverter .l<ittnson. J. 0 1 i v e c Turner DeWeese Katz Pancoast VaUeenU Dicarla Kelly, A. I,. a . 11. S Wansscr Ef:F;to Kelly. J. B. err? Wargo

Kemlck Perry Weidner Dombrowskl Kirtler Petrarca Whelan

Klinlnmsn Pievsky Wiggins nu,,, K O I ~ ~ V Polite wiluarns Erkensbergn ~0wa1y*yn Prntr wi l so~ Englehart ~ u s s e Prcndergest Wilt. W. W. pee ba~ciadlo Pyles worrilow Fischer Ledrrer Rappaport Wxlght Flaherty ,,,

Lev! I!arenntnhl Yohn Lincoln Recd Zwlkl

eailagher L~~~~ RenWck c a r d s Lynch Rhodes Tin-. Geesey Mandenno Richardson SneRkC Geisler Manmlller

N A Y S 4 0

Foster. A. McGlnllls Shane Foster. W~ Mebu:; Stehl

nredley Freind iXiscrvlch Stapleton Cohen Gailen Murhlmam~ Taddunlo Daviea ~ I ~ l v e r s o n Nuye Vroon Diet' Hutchinson. W. ~ i t t ~ Westerberg

~ ~ , ~ b : b e l b l a LaMarca Renninger Wilt. R. W. Laughl !~ Ryan Zear im

Fawee+t Lehr Scheoffcr M e r pisher Leitermam Seltzer ZoFd

NOT VOTING-11

cole Knepper Ustrnaskl MEGTBW Wagner

I-Iammoek Trello Walsh. T. P. T&%

The two-thirds majority of the elected members havini voted in the affirmative, the question was determined i~ the affirmative, that the bill become a law, the objection of His Excellency, the Governor, to the contrary notwith standing.

SENATE MESSAGE The clerk of the Senate, being introduced, presentel

Senate Bill numbered and entitled as follows, togethe with the objections of the Governor,

BILL No. 11

An act authorizing volunteer fire ambulance and rescu companies and members thereof to enter State premises t fight fire under certain conditions; and providing for lege advice from the Attorney General for such oersons in cer

On the question recurring, Shall the bill become a law, the objections of His Ex-


tain cases.

With the information that said bill had been passed b: both Houses and vetoed by His the and has since been reconsidered in the Senate and nassel

Barber Bellomin! BerUn Berson Biffle Bonetto Brandt B m m e r 9- Butera Caputo CesRBr CiandulU

YEAS-152

Abrahm George McCaU Rleger Anderson. I. E Giammarm McClatchy Ritter Arthum G l l l e s ~ i e McCue Rosll

G o o b a n Green Greedeld GTleco Gnng Hamilton. I. H. Hasay HaskeU Hayes. D. S IZi~yes, S E. Hepford

COMMONWEALTH OF PENNSYLVANIA GOVERNOR'S OFFICE

HARRISBURG

June 4, 1976

Menhom MilnnOvfrn Miller M. E. Mlller. M. E.. Jr IUlliron Morris Mrkonfc

Ruggiero Saloorn Salvatore Sehmitt Schweder S M c a Sh~Lhlmel

Shupnlk Sirian71 Smlth. E. Smfth. L.

To the Honorable, the Senate of the Commonwealth c Pennsylvania:

I return herewith, without my approval, Senate Bill NI 11, Printer's No. 1775, entitled "An Act [providing for re imburement of costs incurred by volunteer fire, and am bulance AND RESCUE companies for services rendered o Commonwealth ,property including legal costs arisin therefrom, requiring the Department of Justice to pra vide legal representation in certain cases; and makin an appropriation.] AUTHORIZING VOLUNTEER FIR1

1976. LEGISLATIVE JOURNALMOUSE 5757

On the question, Shall the bill become a law, the objections of His Ex- LaMarc-

cellency, the Governor, to the contrary notwithstandine?

AMBULANCE AND RESCUE COMPANIES AND MEM- BERS THEREOF TO ENTER STATE PREMISES TO

:L$~~DFAEE F ~ ~ ~ G ~ ~ R ~ ~ C ~ O $ ~ ~ $ O ~ ~ E "A:! GENERAL SUCH IN

CASES!' This bill authorizes volunteer fire, ambulance, and res-

cue companies to e l~ te r property owned by the Common- when requested by a state Officer in charge Of the

premises for the purpose of fighting a fire. This authority delineation is a proper one. However, Senate Bill No. 11 further states that the

Attorney General must provide free legal assistance to any company who is sued in any civil action arising from the performance of fire fighting services on state property. ~ ~ ~ t h ~ ~ , the measure contains a retroactive effective date of January 1, 1974.

NAYS-I

67 counties. I t was passed by the House, passed by the Senate, and vetoed by the Governor. I ask that the vote be in the affirmative on the question.

The SPEAKER. The Chair recognizes the gentleman from Montgomery, Mr. Pancoast.

Mr. PANCOAST. Mr. Speaker, this bill is the bill that provided legal assistance to a fire company or a rescue suuad that was serving on state property ground. In caFe of a law suit brought against that particular fire company or ambulance squad or rescue squad, this was the provision of free legal service on the part of the Common- wealth for such services rendered on state institutional ground.

The SPEAKER. The Chair recognizes the majority Leader.

Mr. IRVIS. On the question, Mr. Speaker, I ask that the

NOT VOTING-13

Butera Knellper Rhoder; WaM. T P Cole McCrnw Vstvnoqkr Wojdak Gleason Perry WRLller Ylhner

vote be in the affirmative. Senate bill No. 11 deals with the Allegheny County fire

fighters. Is that not right, Mr. Caputo? All right, I stand

Hammock

The two-thirds majority of the elected members having voted in the affirmative, the question was determined in

:orrected. It deals with the fire-fighting systems of all the affirmative, that the bill become a law, the objections


With the information "that sairl bill had been nassed I The SPEAKER. The Chair recognizes the majority

of His Excellency, the Governor, to the contrary notwithstanding.

QUESTION OF PERSONAL PRIVILEGE The SPEAKER. The Chair recognizes the minority

leader. For what purpose does the gentleman rise? Mr. BmERA. 1 rise to a question of personal privilege. The SPEAKER. The gentleman will state it. Mr. BUTERA. Mr. Speaker, I would like to be recorded

in the affirmative on the vote to override the Governor's veto of Senate bill No. 11.


SENATE MESSAGE ~h~ clerk of the Senate, being introduced, presented

Senate Bill numbered and entitled as follows, tagcther with the objections of the Governor:

SENATE BILL No. 891

An Act amending the act of August 9, 1955 (P. L. 323. No. 130), entitled "The County Code," providing that the county con~missioners shall have the sole responsibility for collective bargaining negotiations for all employes paid from the countv treascrv.

tutional challenge is pending before our courts, the Gen- eral Assembly should move slowly, and probably abstain from action, pending a definitive opinion on the question before the court.

Senate Bill No. 891 presents a clear case for legislative abstention pending judicial action.

This is especially true since efforts to implement this statute, if enacted, would prove futile at this time and for sometime in the future. I am informed that all certification activities of the pennsylvania ~~b~~ nelations ~~~~d with regard to judicial employes have been enjoined by the Commonwealth Court pending a decision on the labor

before that Moreover, there are certain technical drafting problems

in this Bill which render interpretation and implementa- tion difficult.

For these reasocs, I am convinced that the legislative process should wait until the final arbiters of our Consti- tution have rendered a decision. When such a final decision has been made, the Executive Branch will be happy to work with all interested parties to find an area of compromise between the various positions on this matter.

Senrte Bill No. 891 is not approved for the above stated reasons,

Sincerely, MILTON J. SHAPP

GOVERNOR

On the question, Shall the bill become a law, the objections of His Ex-


. . COMMONWEALTH OF PENNSYLVANIA would put the matter of collective bargaining between

GOVERNOR'S OFFICE the county and the union in the hands of the county com- HARRISBURG missioner or commissioners.

both Houses and vetoed by Ilis Excellency, the ~ o v e r n o r , and has since been reconsidered in the Senate and passed by the necessary two-thirds vote, the objections of the Governor to the contrary notwithstanding.

leader. Mr. IRVIS. Mr. Speaker, On the question, I ask that

the be in the affirmative. Senate bill No. 891, if you recall, is a bill, originating in

the Senate. nassed by the Senate and the House, which

June 18, 19%

To the Honorable, the Senate of the Commonwealth of Pennsylvania:

On the question recurring, shall the bill become a law, the of His Ex-

cellencv. the Governor, to the contrary notwithstanding?


Dom Kelly. J. B. Perri We4terberg noyle Kcrn~ek PE~TBTC.~ ~ ~ h r l e r , Drcibelbh Kistlcr Ptevsky Wiggins

Williams Dumas Klingcmnn Pit* Eekensberger Kolter Polite W!Lson Xngiehan Ko~~alyshyn Pratt Wllt. R. W. Faweeft Kussr mendergad Wilt: W. W. Fee 1.ahIaren Py:es worrilo-,.' Fischer Laudadlo R s p p a ~ ~ P t Yohn Fisher 1.aughlin Ravcnstahl Zrarfo7r Flah~rty Ledercr ilcci! Zcllrr ~oatnr. A Lehr Rt,nninger Zord Foster. W. Lettermen Renwirk Z a l U

Rhodee Freind l.evi

NAYS-13 Wrlzht Bemon Mrnhorn Shumnn

Cllinherlnnd O'Connell wargo IIutehhon. A. P e w Weibner Finernan. Mandsrlno Schweder Speakei

NOT VOTING-11

Cole linrpper I':.tlmouki Wojda'r Glemn McGravi wamrr Ylhner Hammuk l'rello Walnh. T. P.

The two-thirds majority of the elected members having voted in the affirmative, the was determined in the affirmative, that the bill become a law, the objections of His Excellency, the Governor, to the contrary notwithstanding.

SENATE MESSAGE SENATE INSISTS ON AMENDMENTS NONCONCURRED IN BY THE HOUSE

The clerk of the Senate, being introduced, informed that the Senate has insisted upon its amendments nonconcurred in by the House of Representatives to HOUSE BILL No. 2073, entitled:

temporag plates or markers, certain fee provisions, equip- Therefore, Mr. Speaker, I withdraw the motion to slis- ment, leasing contracts and authority to take possession uf pend the rules to have the bill considered a secmd time, lbandoned Vehicles.

BILL REMOVED FROM TABLE The SPEAKER. The Chair recognizes the majority

leader. Mr. IRVIS. Mr. Speaker, Senate bill No. 959, Mr. Perry,

you have reported to the calendar? Is that correct? Senate bill No. 959, printer's No. 1990, has been reported

to the calendar but is not printed on the calendar. It will he necessary for us to remove it from the table and place it on the active calendar, and I so move.


MOTION TO SUSPEND RULES The SPEAKER. The Chair recognizes the majority

leader. Mr. IRVIS. Mr. Speaker, I would ask that we suspend

the rules of the House so that Senate bill No. 959 may be read for the second time today and be available for a vote

Mr. BUTERA. Mr. Speaker, the explain what the bill is?

The SPEAKER. Will the gentleman yield for just a moment, please? Will both leaders come to the desk?

(Conference held at Speaker's podium.)

MOTION TO SUSPEND RULES WITHDRAWN


Mr. IRVIS. Mr. Speaker, for the information of th r House. when Senate hill No. 959 was renorted to the floor.

An Act amending the act of ~ ~ ~ i l 29, 1959 (P, L, 58, No, 32), entitled "The Vehicle Code," adding and incorporat- ing as to registrations a definition of "implement of hus- bandry"; changing the definition of "motor home" and adding a definition of "truck camper"; providing for cer- tajn permits; further providing for from registration aovlications. for registration and registration cards.

And has appointed Messrs. LYNCH, SMlTH and MAN- BECK a committee to confer with a similar committee of RULES SUSPENDED TO :he House of Representatives, (if the House of Representa- CONSIDER BILL SECOND TIME

it was reported straight from committee to the table and read for the first time.

I am very sorry, there is no way for us to move it forward, ~t means that the earliest it can be voted on now will he on Thursday. It cannot constitutionally be movi$d after having been read the first time.

:ives shall appoint such committee) on the subject of the The SPEAKER. The Chair recognizes the majority lifferences between the two Houses in relation to said hill. lleader.

HOUSE INSISTS ON NONCONCURRENCE IN SENATE AMENDMENTS

Mr. IRVIS moved that the Honse insist upon its non- 'oncurrence in amendments made by the Senate ta -IOUSE BILL No. 2073, printer's No. 3327, and that a 2ommittee of Conference be appointpd.


The SPEAKER. The Chair appoints the following nembers as a Committee of Conference on the part of he House:

Mr. IRVIS. Mr. Speaker, Senate bill No. 1273, printer's No. 1521, has, I believe, been rereported from the House Appropriations Committee. Is that true?

The SPEAKER. That is correct. Mr. IRVIS. Mr. Speaker, I move that the rules of th r

House be suspended so that Senate bill No. 1273. printer's No. 1521-the bill which mandates a constitutional amendment requiring the general election of the attorney general-may be moved forward to third consideration.

On the question, Will the Honse agree to the motion?

The yeas and nays were required by Messrs. IRVIS and MANDERINO and were as follows:

YEAS-181 - - - ~ .--. Messrs. BONETTO, STOUT and BEREN. I Abraham Gallen Manderlno Ryan

Anderson. J. 8. Garda Manrmllar Snloom Ordered. That the clerk inform the Senate accordingly. A ~ * ~ ~ ~ G e e ~ e y XCC%II Salvatore

5760 LEGISLATIVE JOURNA&HOUSE June 29,

RRrber Flrllornlnl Rrmett Berm :>erIm B'ClO,, ntnle ilrrwdto Bradley Rriiudt Orunnar B u m Butera caputo ces.LV Cial;ciulU Clrnim Cowell Crawford Cumberland DSvieD DeMerlio Tkvertrr DrWeese n!rarlo D~Donata Dletz Dlnlnnl D o r n b r d Dam Dosle Dumas Eekensbme= Englehart Faweett Fee rlscher RYsher Flnhertg h t e r . A. Foster. W. Fryer Gallagher

~ l e e s o i bl~nhnrn coo*rnan Mi!anovtch Green Mll!er. M. E. l:?cei~fleld Miller. M. E.. Crieco MilUron Gring ~l l scev ich HaIver~on Moehlmann Harnllton. 1. A. Morrls Hasay Mrkome Easkell Wullen. M. P Hayes. D. 8. Mollen Hayes, S. k. Musto ?:enford X y m Hill Novak Hopk1.m NOIC iiutchlrrson. A. O'Bllen I N t . O'connctl Itkla O'Kcaie Johnson. I. OUver Kntr Paneoast Kelly. A. P. Pew li-l!y, J . B. P m y Kernlck Pebarca Kistler Pltts K H r % m m Pollte KOIIe,' matt Kawaimhyn Prendergsrt K u w Pyles LaMarra Rappaport Leudadlo Rav~nntahl 1,~114hlIn Reed Zederer Rennlnger Lehr Renwlck Letterman Rlcharrlson Levi Ilieger Llnmln Rltter T.ogue Rm% Lynrh Rugglero

NAYS-2

Wl1son Zear(o%

NOT VOTING-20

Scheaffor Sdtrnltt Schwerier Scirica S e l t ~ e r Shant $he!harnei Shelton Shunan Shapnik Slrtmnt Smith, E. Llpenmr Stab1 Stnpletm stout Taddonlo Taylor 'Ihoma- Ton &I10 m e , V a l l m t l Vmon Wansaez WWg0 Weldner Westcrherl Whelan WiCglns WilUams Wllt. R. W Wilt. W VJ W0~11I07, w n e h t Yohn Zener Znrd r n l

in counties of the second through eighth classes, for the disposition of fees, for filing of bonds in certain cases and for duties of certain officers,' increasing the salary of [district attorneys in counties of the second class A and further defining their duties.] COUNTY OFFICERS AND IMPOSING ADDITIONAL DUTIES ON CERTAIN DIS- TRICT ATTORNEYS [IN COUNTIES OF THE SECOND CLASS A] AND COUNTY COMMISSIONERS,"

respectfully submit the following bill as our report:

WM. H. ECKENSBERGER, Jr. JOSEPH TED DOYLE

(Committee on the part of the House of Representatives.,

EUGENE F. SCANLON W. LOUIS COPPERSMITH ROBERT C. JUBELIRER

I (Committee on the part of the Senate.)

An Act reenacting and amending the act of November 1, 1971 (P. L. 495, No. 113), entitled "An act providing for the romoensation of countv officers in counties .......

of the sehgLd through eighth ciasses, for the disposition of fees, for filing of bonds in certain cases and for duties of certain officers," increasing the salary of county officers and county commissioners.

The General Assembly of the Commonwealth of Penn- sylvania hereby enacts as follows:

Section 1. The act of November 1, 1971 (P. L. 495, No. 113), entitled "An act provlding for the compensation of countv officers in counties of the second throueh elghth classei, for the disposition of fees, for filing 'bf

certain cases and for duties of certain officers,"

Cohen Hammock O~DomeII V ~ a a l t ! Cole rrotehlnaon. W Parker. n S Wagner Drelbelbls Iinepper P l e v r k ~ Wal*. T I' h e l n d McCls teh~ Rhodell Woldsk G l e ~ hleGraw Smim, L Yahner

So the question was determined in the affirmative and the motion was agreed to. I

Agreeable to order, The House proceeded to serond consideration of Scnatt


A Joint Resolution proposing an amendment to the Con- stitution of the Commonwealth of Pennsylvania providing for the election of the Attorney General and pmvid. ing for his qualifications.



is reenacted and amended to read: Section 1. The annual salaries of county commissionerr

shall be as follows:

Counties of the second class Chairman ........................................... [$29,3001 $34,00( Other commissioners ........................ [ 25,7001 32,OOC Counties of the second class A Chairman ......................................... [ 27,8001 30,30( . . Other commissioners ....................... 24.2001 28,30( Counties of the third class Chairman .................... .. ................. [ Othcr commissioners ........................ [ Counties of the fourth class Chairman ......................... .... .......... r

........................ Other commissioners [ Counties of the fifth class Chairman ............................ .... ...... [

........................ Other commissioners [ Counties of the sixth class Chairman ............................................. [ Other commissioners ........................ [ Counties of the seventh class Chairman .............................. .. ........... r Other commissioners ...................... [' Counties of the eighth class Chairman ............................. .. .......... [

........................ Other commissioners [

REPORT OF COMMITTEE OF CONFERENCE ON HOUSE BILL No. 1302

Mr. IRVIS called u p the following report of the Com- mittee of Conference on House bill No. 1302, which was read:

To the Members of the House of Representatives and Senate:

Section 3. (a) The annual salaries of county treasurer

Section 2. The annual salaries of sheriffs shall be a, follows:

(1) Counties of the second class ........ [$24,0001 $27,001 (2) Counties of the second class A .... [ 20,5001 23,50' (3) Counties of the third class 1 17,5001 20,501 ........ .......... (4) Counties of the fourth class [ 15,5001 18,508

............ (5) Counties of the fifth class [ 13,0001 16,008 (6) Counties of the sixth class .......... [ 11,0001 14,00, ........ (7) Counties of the seventh class 1 9,5001 12,50,

........ (8) Counties of the eighth class [ 8,0001 11,OO

We, the undersigned, Committee of Conference on the part of the House of Representatives and Senate for the

urpose of considering House Bill No. 1302, entitled: ' ~ n act [amending] REENACTING AND AMENDING the act of November 1, 1971 (P. L. 495, No. I t s ) , entitled ...........

i3 j Counties of the third class ............ f 11;5ooj 20;50

shall he as follows:

........ (1) Counties of the second class [$24,0001 $27,00 ...... (2) Cn,inties of the second class A 1 20.5001 23.50 'An a d providing for the compensatlon of county officers

LEGiSLATlVE JOURNALHOUSE

(4) Counties of the fourth class ........ [ 15,5001 18,500 (5) Counties of the fifth class ............ [ 13,0001 16,000 (6) Counties of the sixth class .......... 11,0001 14,000 (7) Counties of the seventh class ...... [ 9,5001 12,500 (8) Counties of the eighlh class ........ [ 8,0001 11,000

(h) very county treasurer shall perform the duties now or hereafter required by law, and shall be an issuing agent of the Commonwealth oE Pennsylvania for the sale of hunting licenses, fishing licenses, and dog licenses, and comply with the laws relating thereto and the rules and regulations of the Secretary of Revenue.

Section 4. The annual salaries of couuty controllers and auditors shall be as follows:

(1) Counties of the second class ........ 1$24,0001 $27,000 (2) counties of the second class A .... 1 20,5001 23.500 (3) Counties of the third class ............ [ 17,5001 20,500 (4) Counties of the fourth class ........ 1 15.5001 18,500 (5) Counties of the fifth class ............ [ 13,0001 16,000 (6) Counties of the sixth class ,where

the office of controller cxi?ts or may be created .................................. [ 11,0001 14,000

(7) Counties of the seventh class where the offlce of controller exists or may be created .................. [ 9,5001 12,500

(8) Counties of the eighth class where the office of controller exist.3 or may be crested .................................. [ 8,0001 11,000

The county auditors in countips of the sixth, seventh, 3nd eighth classes, where the office of controller does not exist, shall each receive [thirty dollars ($30)] forty 5ollars ($40) for each six hours of work in the dischargp ,f their duties, together with [twelve cents (12$)] fifteen cents (156) per circular mile from and to their lomes, once, each and every day so employed.

Section 5. The annual salaries of part-time district ~ttorneys shall be as follows:

(1) Counties of the second class ........ [$24,0001 $28.000 (2) Counties of the second class A .... [ 20,5001 24,500 (3) Counties of the third class .......... 1 18.0001 22,000

........ (4) Counties of the fourth class [ 16,5001 20,500 (5) Counties of the fifth class ............ [ 13,5001 17,500

............ (6) Counties of the sixth class [ 11,000] 15,000 ...... ( I ) Counties of the seventh class [ 9.5001 13,500

........ ( 8 ) Counties of the eighth class [ 8,0001 12,000

Section 6. (a) The annual salaries of recorders of deeds hall be as follows:

( 1 ) Counties of the second class ........ r$24,0001 $27,000 (2) Counties of the second class A .... [ 20,8001 23,500

.......... (3) Counties of the third class [ 17,5001 20,500 .......... (4) Counties of the fourth class [ 15,5001 18.500

............ (5) Counties of the fifth class [ 13,0001 16,000 .......... (6) Counties of the sixth class [ 11,0001 14,000 ........ (7) Counties of the seventh class [ 9,500) 12,500

(8) Counties of the eighth class ........ 1 8,0001 11,000

(b) The recorder of deeds shall perform the duties now r hereafter required law. and shall he the collection gent for the Commonwealth of Pennsylvania of the 'ennsylvania realty transfer tax, and shall comply with be laws relatmg thereto and the rules and regulat~ons of be Secretary of Revenue.

( e ) ~h~ recorder of deeds shall be the collection agent 3r any political subdivision levying a local realty trans. 2r tax without from the political sub. ivis~on. On or before the tenth of each month, the re- order of deeds shall pay over to the appropriate political nbdivision all local realty transfer taxes collected, less n o per cent for use of the county, together with a report ontaining the information as is required by the Com- Ionwealth of Pennsylvania in reporting collections of m Pennsylvania realty transfer tax. The recorder of eeds shall pay the two per cent withheld to the county. he county shall obtain and pay the premium or pre- liums on any bond or bonds necessary to cover the erformance of the recorder of deeds' duties under this ~hsection. Section 7. (a) The annual salaries of registers of wills

la11 be as follows:

(1) Counties of the second class ........ [$24,0001 $27,000 (2) Counties of the second class A .... [ 20,5001 23,500 (3) Counties of the third class ............ [ 17,500] 20,500 ( 4 ) Counties of the fourth clazs ........ [ 15,5001 18,500 (5) Counties of the fifth class .......... 1 13,0001 16.000 (6) Counties of the sixth class .......... [ 11,0001 14,000 (7) Counties of the seventh class [ 9,5001 12,500 ........ (8) Counties of the eighth class ........ [ 8,0001 11,000

(h) The registers of wills shall perform the duties now or hereafter required by law, and shall be the agent of the Commonwealth of Pennsylvania for the collection of Pennsylvania transfer inheritance and estate taxes in the case of resident decedents under the supervision of the Secretary of Revenue and pursuant to the rules and regulations of the Secretary of Revenue.

Section 8. The annual salaries of prothonotaries, clrrks of the criminal court division of the courts of common pleas and clerks of the orphans' court division of the courts of common pleas shall he as follows:

(1) Counties of the second class ........ [$24,000] $27,000 (2) Counties of the second class A ...... [ 20,5001 23,500 (3) Counties of the third class .......... [ 17,5001 20,500 (4) Counties of the fourth class ........ [ 15,5001 18,500 (5) Counties of the fifth class ............ [ 13,0001 16,000 (6) Counties of the sixth class ............ [ 11,0001 14,000 (7) Counties of the seventh class 1 9,5001 12,500 ...... (8) Counties of the eighth class ........ [ 8,0001 11,000

Section 9. The annual salaries of coroners shall be as follows:

........ (1) Counties of the second class [$24,000] $27,000 .... (2) Counties of the second class A [ 18,6001 21,600

........ (3) Counties of the third class [ 13,0001 16,000 (4) Counties of the fourth class .......... [ 11,0001 14,000

............ (5) Counties of the fifth class [ 8,0001 11,000 (6) Counties of the sixth class .......... [ 3,0001 5.000 (7) Counties of the seventh class ........ [ 2,5001 4,500 (8) Counties of the eighth class ........ [ 1,5001 3,500

Section 10. The annual salaries of jury commissioners shall he as follows:

.......... (1) Counties of the second class [$16,7001 $19,700 .... 0) Counties of the second class .......... A C 6,0001 8,500

(3) Counties of the thlrd class [ 2,5001 4,500 (4) Counties of the fourth class ........ [ 1,8001 3,500

............ (5) Counties of the fifth class [ 1,3001 3,000 (6) Counties of the sixth class ............ [ 1,0001 2,000 (7) Counties of the seventh class ...... [ 8001 1,600 (8) Counties of the eighth class [ 6001 1,200 ........ Section 11. Where any of the officers herein mention-

ed hold Jwo or more of the offices for which a salary is herem flxed, he shall receive the highest salary fixed for any one of the offices which he holds, plus an additional amount of one thousand dollars ($1,000) per annum.

Section 12. (a) The county offic,ers shall be paid only the salary provlded hereln for servlces performed for the

or any other governmental unit: provided, how. ever, ~ h ~ t this restriction shall not apply to those county officers receiving a salary as executive and administra. tive officers of institution districts in their counties,

(h) All fees and commissions received in the conduct of any county office shall be paid directly to the county. Fees shall not be deemed to include reimbursement for

Section 13. The provisions of this act shall be severable., If any word, phrase, clause, sentence, section or p:ovl~ion of thls act 1s for any reason held to be uncon- stltutional, the decision of the court shall not affect or impair any of the remaining provisions of this act. I t is hereby declared as the legislative intent that this act would have been adopted had such unconstitutional word, phrase, clause, sentence, sectlon or provision thereof not been included herein.

Section 14. This act shall take effect immediately. Section 2. This act shall take effect immediately and

shall he applicable to each officer when permitted by the Constitution of the Commonwealth of Pennsylvania.


On the question, I The SPEAKER. The Chair remgnizes the gentleman Will the House adopt the Report of the Committee of from Beaver, Mr. Laughlin.

Conference? Mr. LAUGHLIN. Mr. Speaker, that only goes to show -~ ~ ~

that the bill would be unfair to many of county of- The SPEAKER. The Chair recognizes the majority 1 . ficlals who. in some counties. are elected all at one time

leader. durlng one term for a 4-year term instead of being stag- Mr. IRVIS. Mr. Speaker, I ask that the House do 1 '

eerrd on a 2-vear basis. ~- " ~- ~~~ - adopt the Committee of Conference Report on House oI~realize that I have myself in speaking bill No. 1302, printer's No. 3599. twice on this bill, but I think that correction should be

- -

up at the same time, so they will not all be affected in abrahnm Geesl-y Mlller. M. E.. Jr. Richardson

the same way. Some will get a raise sooner than others, &':;zp Ja. W s c e v I ~ h Saloom Glllette &?oms Sauman

unless the judges in the particular counties choose to do u,,ie, liernick Mrkonle Taddonto

The SPEAKER. The Chair recognizes the gentleman from Beaver, Mr. Laughlin.

MT. LAUGHLIN. ~ r . Speaker, on House bill No. 1302, if I am not mistaken, what we are doing here is providing a $3,000 raise across the board for our county officials. This raise will not take effect for many of our county officials until 3% years from now.

I would like the membership to consider the possibility of reconsidering this and sending it back to the conference committee, requesting that instead they place consideration on a percentage increase, a cost-of-living increase, so that our county officials could receive some subsequent income over the next 3 years, because at the present time, if this legislation passes, they will be deprived of any funds until 3% years are up.

I would ask the members to consider that when they vote on this conference report and ask them to vote "no."

The SPEAKER. The Chair recognizes the lady from Susquehanna, Miss Sirianni.

Miss SIRIANNI. Mr. Speaker, I would ask the memhers to vote for this bill and let the courts decide whether or not these people can have an increase in their salary.

I think that everybody who had a "yes" vote u p there last week ought to have a green vote again today. If you had a green vote for the judges and a grecn vote for yourselves, then you ought to have a green vote for the row offices.


The SPEAKER. The Chair recognizes the gentleman from Beaver, Mr. Laughlin.

Mr. LAUGIILIN. Mr. Speaker, I do not think that Miss Sirianni understood what I had to say. She is saying that we should put a green vote up for a raise for our county officials. A green vote is going to mean only one thing, that they are going to wait 3% yean to receive any kind of consideration on an increase. They are not going to receive it now.

I am asking for a "no" vote to send the bill back to the conference committee. I know that we cannot make recommendations to the conference committee, but we can certainly make our wishes known with this vote. I would ask that it be sent back so that we can give these people an opportunity to receive an increase.

The SPEAKER. Does the lady desire to change from "green" to "no"?

Miss SIRIANNI. Mr. Speaker, may I make a statement?

The SPEAKER. The lady is in order and may proceed. Miss SIRIANNI. I desire to leave it "green" In the first place, all row offices do not happen to be

it another way. I choose to leave it up to the judges to gf;'* Kolter Novek Taylor 1.sughlin O'Dormell Trello

decide. Draibelbls Lehr O'Keefe W.rgo

placed there. Thank you.

~ h , SPEAKER. The Chair recognizes the gentleman from cambria, MT, ~ ~ ~ l ~ h ~ ~ t ,

M,. ENGLEHART. Mr. Speaker, I do not think that there is any way we have the power, at 10 minutes after 6 , today to rewrite the constitution. It is pretty clear that elected officers of this Commonwealth, be they county, ~ t a t e , or local, cannot receive a pay increase during their terms of office. You cannot dress it up and call it a cost-of.living increase or anything else.

I agree with the lady, ~i~~ sirianni, we should vote c~yes!~ ~ 1 , i ~ at least gives them something to go for in the next term

0" the question recurring, Will the House adopt the Report of the Committee of

Conference?


YEAS-152

Arth- Gallen Lynch Sa l~atore Barber Gars., Mandellno Scheaner Bellom ~ e i s l e r Manmiller Schmtl Benndt r . . 7>..mmarm McCall Schweder

GIllerpic McClatchy Sclrlee gz:g Gleeson ~ c ~ u c Seltzer Her- Goodman McGi~lnis Shane Bittls Green McrntVre Shelhamer nonetto Greenfield Mebus Sheltm Rrandt Grlem Miller. M. E. Shupmk Brunnu Grlng Wluron Slrlannl R u m Halvemon Moehlmann Srmth. E.

:iB?$ Hamilton. L E Mullen. M. P. Smith. L. HBSBY Mullen Spencer

Cessar ~ a s k e u ~ u a t o s m l

~~~~u liayes. D. 5. Myers Stapleton JIayes. S. X. Noyr stout

cohen IIepford O'Hrlen ~ h o m n s

FzT&:rd 1nl1 O'Connell Ton Hopklns Oliver Turner

cumberhr,d t!:ztclil-,A. Pancoast Vroon DeMedlo Hutchinson. W. Parker. H. S . W m a a n Deverter 1 4 s Perrl Weldner u,w,,. Itkin PCW Weaterberg D'DO"." Johnson. J. Petrarea Whelan Dietr Katz Pievsky Wlggtns

~ e l l y . A. P. Polite WiUimu Llmnbrovdd I(elly. J. B. Wilson Doyle Kistler Prendergnst Wllt. R. W. Dumas ~ i ~ n g a m e n Pyles wilt. w. w . Eckensherzer Kou.alyshyn Ravenstah1 Wonllow

Kuare Reed Wrlght FEtzfi LeMarea Renninger ZCYrlos* Fee Laudadlo R i e g u Zcller Fisher ..,,, trr, W,

Lederu Ritter Zmki 1.rttslman RDM

Freind Lev1 Rugqlem Tinentan.

gzF:ghar 1,lneoln Ryan Speske Logue

NAYS-39


McLane Pitts Yabn Menhorn Rappa~ort Zord Mllanovich Ren~riek


NOT VOTING-I2 c u i e ?ii~ep:,er Ustynostl Wn!sh, T. P. GleAsOn b i c ~ r n w T:~:%c~:L!; Woidar ~arnrno& HI>CLP: 7la-ci Yahner

The majority required by the constitution having voted in the affirmative. the Question was determined in the

Section 1. As much as applies to the Department of Justice in section 202, act of April 9, 1929 (P. L. 177, No. 175), known as "The Administrative Code of 1929," amended July 31, 1968 (P. L. 754, No. 235), is amended to read:

Section 202. Departmental Administrative Boards, Com- missions, and Offices.-The following boards, commissions, and offices are hereby placed,and made departmental ad- ministratwe boards. commiss~ons. or off~ces. as the case

affirmative and the of the committee of conference was adopted.


. Board of -f%stees of State Correctional Institution a t

To the Members of the Senate and House of Repre- Rockview, sentatives: Board of Trustees of State Correctional Institution at

may be, in the respective administrative' departments mentioned in the preced~ng section, as follows:

I * * In the Depaitment of Justice,

Board of Pardons. REPORT OF COMMITTEE OF

CONFERENCE ON SENATE BILL No. 153 Mr. IRVIS called up the following Report of the Com-

mittee of Conference on Senate bill No. 153, which was read:

:Committee on the wart of the House of Renresentatives.) I a motor v6hicle.

~ ~~ ~- ~ - ~ - -

~ r i m e Victim's ampe ens at ion Board, Board of Commissioners on Uniform State Laws, Pennsylvania Crime Commission, Board of Trustees of State Correctional Institution at

Philzdelphia, Board of Trustees of State Correctional Institution at

Pittshureh.

i n Act amending the act of April 9, 1929 (P. L. 177, No. 175), entitled "An act providing for and reorganizing the conduct of the executive and administrative work of the Commonwealth by the Executive Department thereof and the administrative departments, boards, commissions, and officers thereof, including the boards of trustees of State Normal Schools, or Teachers Col- leges; abolishing, creating, reorganizing or authorizing the reorganization of certain administrative departments, boards, and commissions; defining the powers

"Family," when used in reference to a person, shall mean (i) anyone related to such person within the third degree of consanguinity or affinity, (ii) anyone maintaining a common-law relationship with such person, or (iii) anvone residine in the same household with such oerson.

"1nter~enor"~shall mean a person~who g o e s ~ t o ihe aid of another and suffers hodilv injurv or death as a direct result of acting not recklessiy to pievent the commission of a crime, or to lawfully apprehend a person reasonably suspected of having committed such crime, or to aid the victim of such crime.

and duties of the Governor and other <xccuti;e and administrative officers, and of the several administrative departments, boards, commissions, and officers; fixing the ~alar ies of the Governor, Lieutenant Governor, and certain other executive and administrative officers; providing for the appointment of certain administrative officers, and of all deputles and other assistants and employes in certain departments, boards, and commissions; and prescribing the manner in which the number and compensation of the deputies and all other assistants and employes of certain departments, boards and commissions shall be determined,'' creating the Crime Victim's Compensation Board, prescribing its powers and duties, providing for filing, consideration and payments of claims to persons who are vlctims of crimes, their dependents and survivors, Providing for appeals.

~ - - ~

"out-of-pocket loss" means the nnreimbursed and un- reimbursable expenses or indebtedness incurred for medical care, nonmedical remedial care and treatment ren- derzd in accordance with a religious method of healing as approved by the board, or other services reasonably necessary as a result of the injury upon which the claim 1s based and for which the claimant either has paid or is liable. In no case shall property damages or compensation for pain and suffering be included.

"Victim" shall mean a p-rson, other than the alleged offender, who s j f fers bodily injury or death as a direct result of a crime.

Section 477.1. Crime Victim's Compensation Board.- (a) There is hereby created a departmental administrative board for the administration of this act, which shall he known as the Crime Victim's Compensation Board.


Such board shall consist of three members no more than i tion under this act, including information on the right to two of whom shall belong to the same political party, who I file a claim, the scope of coverage, and procedures to be shall be appointed by the Governor by and with the con-, utilized incident thereto. sent of a majority of the Senate. / Section 477.3. Persons Eligible for Compensation.-(a)

(h) The term of office of each member shall be s ix ' Except as provided in clause (b) of this subsection, the years, except that the members first appointed shall serve tollowing persons shall be eligible for compensation: for terms of six years, four years and two years, respec-/ (1) A victim. tively. Any member appointed to fill a vacancy occurring (2) An intervenor. otherwise than by expiration of a term shall he appointed (3) A surviving spouse, parent or child of a deceased for the remainder of the unexpired term. 1 vct im ; or intervenor.

(c) Each member of the board shall be eligible for reap- pointment and any member of the board may be removed, by the Governor for inefficiency, neglect of duty, or mal-! feasance in office.

(d) The Governor shall designate one member of the board as chairman thereof, to serve as such at the pleasure of the Governor.

(e) The members of the board shall devote their full time and capacity to their duties. The members of the board shall receive an annual starting salary of twenty- five thousand dollars ($25,000). Thereafter they shall receive an annual salary to be fixed by the Executive Board of the Commonwealth within the amount made available by appropriation. The chairman shall receive five hundred dollars ($500) additional compensation per annum.

Section 477.2. Powers and Duties of Board.-The bc~ard shall have the following powers and duties:

(a) To establish and maintain a principal office in or near Harrisburg and such other offices within the Com- monwealth as i t may deem necessary.

(b) To appoint a secretary, counsel, clerks and such other en~ployes and agents as i t may deem necessary, fix their compensation within the limits provided by law, and prescribe their duties.

(c) TO adopt, promulgate, amend and rescind suitable rules and regulations to carry out the provisions and purposes of this act, including rules for the approval of attorney's fees for representation before the board or before the Commonwealth Court upon judicial review as provided for in section 477.7 of this act. Awards of the attorney's fees shall be in addition to awards made to victims. Awards of attorney's fees shall in no case exceed fifteen per centum of the award to the victim or victims. It shall be unlawful for an attorney to contract for or receive any sum larger than the amount allowed.

(d) To request from the Pennsylvania State Police, from any county, municipal or township police depart. merits alld alld from any othei. state, mlrnjcjpal or tomship department or agency, or public and the same are hereby authorized to such as. sistance and data as will enable the board to carry out its function and duties.

(e) hear and determine claims for awards filed with the board pursuant to this act, and to reinvestigate or reopen cases as thc board deems necessary.

(f) To direct medical examinations of victims. (g) T~ hold hearings, administer or

examine any person under oath or affirmation and to issue subpoenas requiring the attendance and giving oC testimony of witnesses and require the production of any hooks, papers, documentary or other evidence. The powers provided in this section may be delegated by the board to any member thereof.

(h) To take or cause to be taken affidavits or depositions within or without the State.

(i) To render each year to the Governor and to the General Assembly a written report of its activities. In its third annual report and in every third annual report thereafter, the board, upon investigation and study, sha!l include its findings and recommendations u;ith respest to the limits on compensation. The investigation and study shall include but not be limited to an audit by the Auditor General or an independent accounting firm of the amounts paid to each person compensated so as is avoid duplications, other possible errors, or fraud.

( j ) To arrange with the heads of other Stale agcncirs for the performance of any of its functions under. this' act with or without reimbursement and, with the approval'

/ (4) Any other person dependent for his prinripal support upon a deceased victim or intervenor.

(b) A person who is criminally responsible for the crime upon which a claim is based or an accomplice of such persi.n shall not be eligiblc to rrcervc ccmprnsstion with re- sl>cct tr, such claim. A mcmbrr of the family of the person who allegedly committed the crime shall not be eligible under any circumstances.

(c) A person who is not a resident of Pennsylvania at the time of occurrence of the crime upon which the claim is based, shall be eligible for compensation only if the law of the state of w h ~ c h he is a res~dent at the tlme of occurrence of the crime upon which the claim is based provides for compensation to Pennsylvanja residents who are r i r - tims of crime in such state.

(d) If the victim's state of residence provides payments to its residents injured in Pennsylvania, primary responsibility for payment to the victim shall rest with the victim's state of residence.

Section 477.4. Filing of Claims for Compensation.-(a) A claim for compensation may be filed by a person eligible for compensation, as provided in section 477.3 of ihis act, or, if such person is a minor, by his parent or guardian, or if thc person entitled to make a claim is mentally incompetent, by his guardian or such other individual authorized to administer his estate.

(b) A must he filed not later than one year after the occurrence of the crime upon which the is based, or not later than one year after the death of the victim or intervenor: provided, however, ~ h ; t for good cause

board may extend the time for filing for a period not two years after such occurrence.

of ( ; ~ e ~ ~ ~ ~ ;p2: ga:Fd in the office of the secretary

(d) Upon filing of a claim pursuant to this act, the hoard shall promptly notify the district attorney of the c ~ ~ u n t y wherein the crime is alleged to have occurred. If, within ten days after such notification, such district attorney advises the board that a criminal prosecution is pending upon the same alleged crime and requests that action by the board be deferred, the board shall defer all proceedings under this act until such time as a trial verdict has been rendered, and shall so notify such district attorney and claimant. When a trial verdict has been rendered, such district attorney shall promptly so notify the board. Nothing in this section shall limit the aulhority of the board to grant emergency awards pursuant to sec- t'On 477.8 Of this act.

Section 477.5. Minimum Allowable Claim-No award shall be made on a claim unless the claimant has incurred a minimum out-of-pocket loss oS one hundred dollar~ ($100) or has lost at least two continuous weeks' earnings or support.

Section 477.6. Determination of Claims.-(a) A claim, when accepted for filing, shall be assigned by the chair. man to himself or to another member of the hoard. All claims arising from the death of an individual as a direct result of a slngle crime, shall be cons~dered together by E slngle board member.

(h) The hoard member to whom such rlaim is assignee shall examine the papers filed i r l support of the claini ant shall thereupon cause an investigation to he eonductei ifito the validity of the claim. The investigation shall include, but not be limited to, an examination of police rourt and oljcial records and reports concenlii?g the crimr and an examination of medical and hospital reporls reiat- i i ~ g to the injury upon which the claim is based.

of the Governor, delegate and authorize the redelegation (c) Claims shall be investigated and determined, re- of any of its powers under this act. gardless of whether the alleged criminal has been a pre (k) To establish a program to assure extensive and hended or pmsecuted for or mnvicted of any crime Ease;

tinuing publicity for the provisions relating to compensa- upon the same incident, or has been acquitted, or founc

not guilty of the crime in question owing to criminal responsibilitv or other !egal exemption or defense.

id) The board member to whom a claim is assigncd mav make his recommendation regarding the claim on the basis oi the papers filed in support thereof and the report of thc investigation of the claim. If the board member is unable to decide hls rccommcndation upon the basis , , f the said pape,.s and report, he shall order a hearing. At the hearing any relevant evidence, not legally pivilegi~d, shall be admissible.

(e) After exam~ning the papers filed in support of the claim and t l ~ e report of invcstigation, and alter a hcaring, iI any, the board member to whom the claim was assigned shall make a recommendation to the entire board either granting an award or denying the claim.

i f ) The entire board shali act upon the rccommendation of the hoard member. The board, by majority vote, may affirm, increase, decrcase or deny the award. No decisir~n shall be valid unless at least two n iemb~rs are in agree- mi3nt on the decision.

(g) The secretary oC the board shall promptly notify the cla~mant, the Attorncy General and the St;ite Trea- surrr of the Iinal decision of tlic board and fui.~;ish rach with a copy of the report setting forth the decision.

Section 477.7. Judicial Review.-Within thirty days after receipt of a copy of such report containing a final decision of the board, the claimant or the Attorney Gen- zral may appeal the iinal decision of thc board in the manner prov~ded for appeals froin admin!strative agen- lies as provided in the act of June 4, 1945 (P. L. 1:28!3, No. 142), known as the "Adminislrative Ageucy Lam."

Section 477.8. Emcrg~r;cy ,lx\-auiis.~- (a) iYotv?ithi;tand- n the provisions of sections 477.6 and 477.9 of this art, f it appears to the hmrd iiir~mbrr to wh!)ln n claim I:: ~ssigned, that such clnim is unc with r ~ s p e c t lo which an 1u-3rd probably will be made, and undue hardship will ,ccult to the claimant or claimants if immediate payment s not made, such board mi:mbrr may make :in erncrgency w a r d to the claimant or claim?n!,s prnaing a final rlrci- ion in thc case: Provided, however, That the to?al nnount of such emergency award shall n3t escced one housand dol1:lr.s ($1,000) per claim. the amount of such rmergency award shall be deducted from any final awartl nadu to the claimarll or claimants, and the excess of the )mount of such emergency award over thc amount of the inal award, or the full amount of the i,mergcncy award f no final award is made, shall be repaid by the claimant .r claimants to the board.

(b) The board m e n ~ b r r to whom a claim was originally lssigned may reconstder an emergency award at any tirnt. ,rim to the final decision in the case and increase prp- ,ious nrders for emergency compensation up to the overall :mit of onc thousand dollars ($1,000) per claim.

Section 477.0. Award?.-(a) No award shali he mar& nless the board or hoard member, as thc casc may be, inds by a prepond~rance of the evidence that:

(1) A crime was committed. (2) The person injured or killed was a victirn or inter-

enor as dcfined in section 477. (3) Such crime was promptly reported to the l3rcper

u t h o r ~ t ~ e s ; and in no case may an award bc made whcre ?e recnrd shuws that muh rcport was made m!irc th?n sventy-two hours aftcr thc occurrence of such crime un- rss the board, for good cause shown, finds the delay to ave been justified. The board, upon finding that any iaimant, victim or intervenor has not fully coopcrated ,it11 all law enforcement agencies, may deny or withdraw ny award, as the case may be. (b) Any award made pursuant to sections 477 to 477.15

la11 be in an amount not esceeding out-of-pocket loss, ~gethcr with loss of past, present or future earnings or lpport resulting from such injury. In no case shall the ttal amount of an award exceed tu,enty-five thousand >liars ($25,000). ic) Any award made f i x loss of earnings or support

lall, unless reduced pursuant to olher provisions of this 3 , be in an amount equal i c the actual loss sustained: rovided, however, That no such award shall exzecd two indred dollars ($200) for each week of lost earnings or !ppori: And, provided further, That the aggregate ward for such loss shall not exceed ten thousand doliars i10,000) cxcept that in thc case 01 death of a victim

intervenor, the aggregate award shall not exceed fifteen thousand dollars ($15,000).

id) If there are two or more persons entitled to an award as a result of the death of a victim or intervenor, the award shall be apportioned among thc claimants.

ie) Any award made pursuant to this act shall be reduced by the iimount uf any payments received or to be received by thc claimant as a result of the injury (i) from o r on behalf of the person who committcd the crlme, (ii) under any insurance programs including those mandated by law, (iii) under any contract of insurance wherein the claimant is the insured hcneficiary, (iv) from public funds, or iv) as an emergency award pursuant to section 47'7.8 of this act.

( f ) In determining the amount of an award, the board or hoard member, as the case may bc, shall dctermn~e whcther, because of his conduct, the victim or intervenor contributed to the infliction of his injury, and the board n r board member shall reduce the amount of the award or deny the claim aitogethcr in accordilnce with such determination: Provided, however, Th ;~ t the hoard or board member, as the case may bc, may disregard for this purpose the contribution of the intervenor to his own injury where the record shows that such contribution was attributed to efforts by an intervenor as set forth in sectinn 477.

Section 477.10. Manner of Payment.-The avrard shall be paid in a lump sum, cxcept that in the cnce of r!~alh iJr protracted disability the award may provide for pcri- odic payments. No award made pursuant ti, this act shall be subject to euc~cution or attachment othcr than for ex- 1;rnses rrsulting from the injury which is the basis fcr the claim. All awards shall be paid by the State Trca- surer. An aw?rd shall not he eonsidcred as ccmpensa- tion taxable as income under Article 111, Personal Income Tax, of the act of March 4, 1971 (P. 1,. 6, No. 2 ) , known as the "Tax Reform Code of 1871," gdded August 31, 1071 (P. L. 362, No. 93). The board shall reconsider, at lpast annually, every award being paid in installmrnts. The hcard may reconsider a claim at any time and modify or rescind previous orders for compensation based upon a c1:tnge in financial circumstances of a victim or one !;r more of his surviving dependents.

Scction 477.11. Confidentiality of Recards.--The record of a proceeding before the bunrd or board member sliall he a pub!ic record: Provided, however, Tliat any recorc' or rcport rlbtained by the hoard or board mrmber, the confidentiality of which is protected by any other law or regulation, shall remain confidential suhject to such law or regulation.

Section 477.12. Suhrogation.-paymcnt of an award made pursuant to this act shall subragate the Common- wealth to the extent of such payment, to any right of action accruing to the claimant or the victirn the: inte;. venor to recover losses resulting from the crime with re. spect to which the award is made. In sur.h rase, the Cam- monwealth shall bc entitled to bring an action against thc person or persons causing the personal i n j u r i ~ s or death lor which said payment was made.

If an amount greater than that paid pursuant to these provisions is recovered and collected in such action, the Commonwealth shall pay the balance to the claimant. The Altorney Gcneral shall enforce any cubrogation.

Section 477.13. Restitntiun.-To the extent that restitution is ordered pursuant to any other existing law, eitlrfr prior to or subsequent to the making o l an award by ihis board, such restitution shall be paid to the Corn- mo~iwealth to the extfnt of thc a\var.l by the board.

Seztion 47i.14. Penalty.-Any person wllo nsscrti a false claim under the provisions of this acl, shall be guilty oC a inisdcmeanor of the third deg~ee , and :;ha11 forfeit any benefit received, and shail reimburse and repay the L'omlnonwealth for payments teccivi:d or paid on 11is behalf pursuant to any o l the provislo~!s hcrcsf.

Section 477.15. Additional Costs.-Whpru any person after the effective datc of this act nieads guilty or nolo contendere to or is convicted of any crinle ?.; herein defined, there shall be irnposcd as adbitiona! rosis, the sum of ten dollars ($10). Such sum shall be paid over to the St to Treasurer to he deposited i l l thc General Fuild, 1 b r k r no condition shall a political subdivision he helc'

or ' l iable for the payment of this sum of ten dollars ($10).

5766 LEGISLATIVE JOURNALHOUSE June 29,

Section 3. It is the declared purpose of the General Assembly in this act to promote the public welfare by establishing a means of providing for the financial lusses of the innocent victims of crime or their surviving dependents and intervenors acting to prevent the commission of crime or to assist in the apprehension of suspected criminals.

Section 4. This act shall take effect in 120 days, but in no event sooner than July 1, 1976. No claims shall be accepted for crimes which have occurred prior to the effective date of this act.

The majority required by the constitution having voted in the affirmative, the question was determined in the affirmative and the Report oC the of Con- ference was adopted.


REPORT OF COMMITTEE OF CONFERENCE ON SENATE BILL N ~ . 675

On the question, will the H~~~~ adopt the ~~~~~t of the committee of

Conference?

rphe SPEAKER, ~h~ chair recognizes the majority leader.

Mr. IRVIS. Mr. Speaker, I ask that the House do adopt the Committee of conference R~~~~~ on senate bill N ~ , 153.

On the question recurring, will the H~~~~ adopt the Report the Committee of

Conference?

Agreeable to the provisions of the constitution, the Yeas and nays were taken and were as follows:

YEAS-1113

Abraham Gallen McCall Ryan Andenon, I. EL Garfin McClatchy Salo<,m

NIcCue s a ~ v a b r e Arthurs Geese? Barber Getsler MeGinnis Scheaffer Bellomfnl George McIntyre Schmttt Dennett Giammareo MeLane Schweder Beren C;l:lesple Mcb-9 Sdrlca Berun Glllette Menhorn Seltzer Derson Gleeson Milan~vlch Shane Btttle Goodman Wliei . M. E. Shrlhamer Bonetto tircrn M I I : ~ ~ . M. E.. Jr. Shelton Bradley G1,eenReld Mllltron Shumnlr Brandt G n e m Mlrcevich Shupnlk Brunnw Grinl: Muehlmann Sinanni Bu1m Halvrrson Morris Smlth. E. Butera Harnllton. J. K i*Irkome Smith, L Caputo Hasay htullen Spencer Cesrar klaskell Mullen. M. P. S taX

Hayes. D. S. >lust0 Stopleton Cianciulll Ciminl Hayes, S . E. Myers Stout Cohen Hepford Navak Teddonlo Cowell 11111 ~ o y e Taylor Crawford iiopltins O'Brien Tho- Cumberland Hutehlmon. A. O'Connr!l Toll Duvtes Nutchmsan. W. O'Donnell Trello 1)eWedlo Irvis O'Keefe Turner Ueverter Ifkin Ollver Vallcentl DeWeese Johnson. I. Pancoast V r w n Dlcarlo Katz parker. H. S . Wenssez DlDonatD Kr!ly. A. P. Perrl Wnrgo Dietz i<elly. J. B . Perry Wether Dll~innt Kemlck Petrarca Westerberz Dornbrowskl Klstler Plevsky Whelan Dorr Kllngarnan Plm Wiggins Doyle Kolter Polite Willlams

Wilson Drelbelbis Kowslyshgn Pratt Dumas Kusse Prrlldergast R. W.

Wllt, W. w. Eckenrberger I.nMarcs Pyles Englehart r~aud:a.do Rappapurt Worriluw ~ a w c e t t I.nuehlln Ravenstah1 Wright Fee l.erlerer Reed Yobn Flscher Lehr Renningcr Zealtoss Fisher 1.etterrnan Hmwlck Zeller

Zord F l v h e m Lev1 Rilodes Lincoln 1~1chardsun Znlkl Foster. A.

Foster. W. Lague Rleger Freind Lynch Ilitter Fineman. Fryer 3,~anticrino Hbis ~ p e a i r i Gallagher Mvrrnlller Ruggirro

NAYS-0

NOT VOTING-10

Wagner Wddak Cole Knepper Gleason McGra..x* W ~ l s h . T. P. Yshner ~ s m m o c l i ustynosltf

Mr. IRVIS called u p the following Report of ihc Com- mittee of Conference on Senate bill No. 675, which was read:

To the Members of the Senate and House of Representa- tives:

We, the undersigned, Committee of Conference on thr part of the Senate and IIouse of Reprcsentaiivcs for t h ~ uurpose of considering Senate Bill No. 675, entitled:

"An act amending the act of August 31. 1971 (P. L. 398 No. 96), entitled 'An act providing for the creation, maintenance and operation of a county enlployes' retiremen system, and imposing certain charges on counties and pro^ viding penalties,' further defining reeulnr inte!.est. FUR- THER PROVIDTNG FOR SIILIULTANROUS PAYRIENT! OF S.4LARY AND RETIREMENT AND PRO. VIDIXG FOR SUBSEQUENT AD;\IISSIONS TO THE SYSTEM,"

respectfully suhmit the following bill as our report:

AUSTIN J. MURPHY QUENTIN R. ORLANDO JOHN STAUFFER

(Committee on the part of the Senate.

LESTER K. FRYER A. J. DeMEDTO FRANK J. O'CONNELL, JR.

(Committee on the part of the House of Representatives.

An Act amending the act of August 31, 1971 (P. L. 3% No. 96). entitled "An act providing for the creatior maintenance and operation of a county employes' rc tirement system, and imposing certain charges on cour: ties and providing penalties," furthcr defining rcgula interest, further providing for simnitaneo~ls payment of salary and retirement benefits and providing for sub sequent admissions to the system.

The General Assembly of thc Commonwealth of Penn sylvania hereby enacts as follows:

Section 1. Ciause (12) of section 2, sections 6, 24 an 25, act of August 31, 1971 (P. L. 398, No. 9G), known s the "County Pension Law," are amended to read:

Section 2. Definitions.-As used in this act: * * * (12) "Regular interest" means interest at the rate c

four percent compounded annuzlly, except as establishe by the board for member contributions. * * *

Section 6. Rules and Regulations; Actuarial Data: The board shall, from time to time, establi.11 such rulc and regulations for meetings of the board and for th administration of the fund, and IIIP aaricrls accounl thereof, as may be deemed necessary. The hoard ma: by January 31 of each year, determine the rate of regulc interest to be allowed member contribil1,ion accounts fc the current calendar year, surh rnte of regular inter?! not to be less than four per crnt nor more than five an one-half per cent per year. It sh~lll liecp such data E

shall be neccssary for actuarial valuation purposes. Th actuary of the board shall ( i) periodirally make an at tuarial investigation into the mortality and syraice el; perience of the contributors to and beneliciarlcs of ti- fund, (ii) adopt for the retirement system one or mot mortality tables, and (iii), certify to the board annuall the amount of appropriation to he made by the count


On the question, REPORT OF COMMITTEE OF Will the House adopt the Report of the Committee of CONFERENCE ON SENATE BILL No. 862

~p ~ ~~p

to the fund to build up and maintain adequate reservcs for the payment of the county's share of the retirement allowances.

Section 24. Simultaneous Payments of Salary and Re- tirement Allowance.-Should a retiree receiving a retire-


YEAS-191

Zonference?

The SPEAKER, The Chair recognizes the majority eader.

Mr. IRVIS. Mr. Speaker, I ask that the House do adopt he Committee of Conference Report on S ~ n a t c hill No.

Mr. IRVIS called up the following report of the Com- mittee of Conference on Senate bill No. 852, which was read:

To the Members of the Senate and House of Representa- tives:

i75.

On the question recurring, Will the House adopt the Report of the Committee of

We, the undersigned, Committee of Conference on the part of the Senate and House of Representatives for the purpose of considering Senate Bill No. 852, entitled:

'.An act amending the act of June 13, 1961 (P. L, 31, No, !onference? 21), entitled 'An act to consolidate, editorially revise, and


codify the public welfare laws of the Commonwealth,' [gradually increasing the maximum annual State grants to county institution districts or their successors for cost of child welfare programs.] INCREASING THE MAXI- MUM ANNUAL STATE GRANTS TO COUNTY INSTI- TUTION DISTRICTS OR THEIR SUCCESSORS FOR COST OF CHILD WELFARE PROGRAMS; FURTHER PROVIDING FOR THE PAYMENT OF THE COSTS AND EXPENSES FOR THE CARE OF THE CHILD; MAKING CERTAIN REPEALS; AND PLACING A DUTY UPON THE AUDITOR GENERAL TO ASCERTAIN AND CERTI- FY CERTAIN COSTS,"

respectfully submit the following bill as our report:

EUGENE F. SCANLON HENRY J. CIANFRANI CHARLES F. DOUGHERTY

(Committee on the part of the Senate.)

NORMAN S. BERSON JOSEPH RHODES, JR. ANTHONY J. SCIRICA

on the part of the House of Representatives,)

~~t the act of june 13, 1967 (p. L. 32, NO. 21), entitled "An act to consol~date, editorially revise, and cosfy the public laws of the commonwealth, increasing the maximum ann~ia l State grants to county institution districts or their succes~ors lo,- cost of programs; further providing i l lr the payment of the costs and expenses ior the care oh the making certain repeals; and placing a duty upon the ~ ~ d i t ~ ~ ~~~~~~l to ascertain and certify certain costs.


Section 1. Sections 346, 354 and 704, act of June 13, 1067 (P. L. 31, No. 21), known as the "Public Welfare Code," are repealed.

Section 2. The act is amended by adding sections to read:

section 704.1. payments to Counties for Services to Children.-(a) The department shall reimburse county institution districts or their successors for expenditures incurred by them i n the performance of their obligation pursuant to this act and the act of December 6, 1972 (P. L. 1464, No. 333), known as the "Juvenile Aci," in the following percentages:

(1) Eighty percent of the cost of an adoption subsidy paid pursuant to subdivision (e) of Article VII of this act.

(2) No less than seventy-five percent and no more than ninety percent of the reasonable cost includi~u? s'aff costs of child welfare services, informal adjustment services provided pursuant to section 8 of the act of Decelllber ti, 1972 (P. L. 1464, No. 333), known as the "Juvmilc Act," and such services approved by the department, including but not limited to, foster home Care, group home care, shelter care, community residential care, youth service bureaus, day treatment centers and service to children in their own home and any other alternative treatment Pm- grams approved by the department.

(3) Sixty percent of the reasonable administrative ccsts approved by the department except fa:' thni? s?ai f CF+. included in clause (2) of this section as necessary f l r fhr: provision of child welfare services.

(4) ~ i f t ~ percent of the actual of care and silpport of a ,,laced by a county ~ h ~ l d zgcncy or :i 1 child committed by a court pursuant to tht: act of D c c w - ber 6, 1972 (p. L. 1464, No. 333), knqwn as the . ' , Juve~; i :~ Act," to the legal custody of a puh l~c or p ~ l i a t e agenc3 approved or operated by the department other than those I

services described in clause (2 ) . The fioditor General /

facility rendering services to delinquent or d ~ p r i v r d chil.. dren the actual average daily cast of p rcv id in~ :aid scrvices. The Auditor General shall certify to each county and city of the first class the allocated Ccmmr:n;vr?,!:h expenditures incurred on behalf of its children and notify the Sccreiary of Public Welfare and each county and r'ty of the first class of same.

(5) Fifty percent of the reasonable cost of r.::ili-sl ?:,:I other examinations and treatment oi a chi'? o rdexd 5;. the court pursuant to the act of De.-<xrr.ber 6. 1972 (P. 1,. 1464, No. 333), known a the "Juvcnile Act," and thc rrr- penses oP the appointment of a guardian pendcnte lit?, summons, warrants, notices, suhpocnns. travcl cxpc>-e;: of witnesses, transportation of thr child. anrl o t h x I'!rc expenses incurred in proceedings undcr the act of Dccrr:- ber 6, 1972 (P. L. 1464, No. 333). k c m n as the "Jnveni!? Act!'

(h) The department shall make additional grants to any county institution district or its successor to assist in estah- lishing new scrvices to children in accordance with a plan approved by the department for u p lo t h ~ first three years of operation of those services. In ordm to provide necessary information to the General Asscmbly rclativc to the grants provided undcr this subseclion, a report will be developcd by the Legislatirc Budget and Finnnve Com- mittee and provided to thc members of the Ccncr21 As- sembly no later than July 1, 1980, coi~rprlling all grants made and expcnditurt's acrnmplichcd imclcr the provisions of this subsection for thc period up to and including Deceniber 31, 1979. This report shall inchlrle information on the amount of moneys that mrnt to individual counties and a description of activities anrl svrvices financed with these moneys including the number and types or clicnts served under each of the grant programs and any oihcr i~iformation necessary in order to fully inlorm the Grnrral Assembly on such programs. A11 offici;iIs of the Depart& ment of Public Welfare, grant ~ec ip icn t county organizations, and othcr agcncics wh1r.h receive State moneys under the provisions of this subsection shall cooperate with the committee and its staCf in caw)-ine out this re - posting requirement, including making ax-:iilal>le all nc!.Fs- sary fiscal and programmatic data.

(c) NO payment pursuant to stihsrcf.ion (a) (21, (3) or ( 4 ) or oC subsection (b) shall hc road*? for nn.y ycl'ioil in which the county ins t i t~~t icn district or its surcessor fails to substantially comply with the regulations or the dcpartment promulgated pursuant to siJction 703 inchldil:q bllt not limited to those regulations relating to n~inimum child welfare services, minimum slanclards of welfare services and minimum standards of child wclfarc administration on a merit basis.

A~~~~~~ due from county jnstitlltion clistricts or their successors for childrEn col,,n,ittcd i n laciliiics oper. ~ t ~ d by the department shall he pi:id by thc coun!.ies tr the Department of Revenuc by orders to be drawn b:? ihr Elilly authorized anent of t i ~ c Dcpnrlmenl of Rr.~~emre ai

youth devclopmznt cmt-r or forrs!ry ci7mp on t lx treasurers of such counties, who sl-iall acciyt 2nd pn:; the samc to the Department of Revcnuc. Prurn:~ily oftcr tlir last calendar day of each manth thc agmt ol. the Dc7al.t- merit of Revenue shall mail accounts t r ~ thc commissioner, of such counties as may hav; bri,nme linhlr to the Com- monwealth during the month undcr tbe provisions of thi! section. These accounts shall be duly sworn or affirm:? to, and it shall be the duty of said commissioners, Inme- diately upon receipt of such accounts, to notify the lres surcrs of their respective counties of thr amounh o i saic accounts, with instructions to pay promptly to thc Dcpnrt- ment of Revr!nue the amounts I I~ said r>rr::,r- wbcn prr- sented. I t shall then h? the d u l ~ - of such co~inly treasurer: to make such payments as inslructcd hy tllcir i.cspe:tiv< county commicsioners. In lieu nf payment:; hy thp count!

/ t o the Commonweal!h, the df,na~lmi.nt may dcduct t ! ~ amount due the Comrnoilweallh from the rcimliurse~nen payments by the department to t h r county ins t i t i~ t io~

shall ascertain the actual expense for fiscal year ?!J~.~-Iu:s ' districts or their successors. and each year thereafter by the Departn~ent aE Publir i (c) If, after due notice to the parents or other person, Welfare for each of the,several counties ?nd each ci!y of 1 legally obligated to carc for and support the child, an< the first class whose chlldren resident wlthin the ciunt:.: after affording them an opportunity to be heard, the cour or city of the first class directly received thc benefit of 1 finds that they are financially able to pay all or part o the Commonwealth's expenditure. The Auqitol: Gencral the costs and expenses stated in subsection (a) , the cour shall also ascertain for each Commonweallh instltuti!>n o r i may order them to pay the samc and prescribe the man

19'76. LEGISLATIVE JOURNAL--HOUSE 5769


Ewer Manderino Ritter KImM. Gallagher Manmiller ROSS Speaker Gallen

TABLE OF CONTENTS

TITLE 42

The majority required by the constitution having voted in the affirmative, the question was dctermined in the

PART IT. ORGANIZATION

affirmative and the Report of the Committee of Confer- SUBPART A. COURTS AND DISTRICT JUSTICES

NAYS-1 s h a m

NOT VOTING-] I

Cole Hammock Ustynoski Wojdak Dumas Knepper Wagner Yahner

MeGraw WaL*, T. P. Gleason

JUDICIARY AND JUDICIAL PROCEDURE

PART I. PRELIMINARY PROVISIONS

Chapter 1. General Provisions 5 101. Short title of title. $ 102. Definitions. $ 103. Principles of construction.

ence was adopted. Ordered, That the clerk inform the Senate accordingly.

QUESTION OF PERSONAT, PRIVILEGE

The SPEAKER. The Chair recognizes the gentleman from Indiana, Mr. Shane. For what purpose does the gentleman rise?

M ~ . SHANE. 1 to a question of personal privilege. The SPEAKER. The gentleman will state it. Mr. SHANE. Mr. Speaker, on the conference report

on Senate bill No. 852, I would like to change my vote from "no" to "yes." I made a mistake.


REPORT OF COMMITTEE OF CONFERENCE ON SENATE RILL No. 935

Mr. IRVIS called up the following report of the Com- mittee of Conference on Senate bill No. 935, which was read:

To the Members of the Senate and House of Reprcsenta- tives:

We, the undersigned, Committee of Conference on the part of the Senate and House of Representatives for the purpose of considering Senate Bill No. 935, entitled

"An act amending Titles 42 (Judiciary and Judicial Pro.. rPdure), 15 (Corporations and Unincorporated hsocia- tions), 18 (Crimes and Offenses) and 71 (State Govern- ment) of the Pennsylvania Consolidated Statutes, adding revispd, codified and compiled provisions relating to judiciary and judicial procpdure, including certain judicially enforceable rights. duties, immunities and liabilities and separately enarting certain related provisions of law,"

respectfully submit the following hill as our report:

LOUIS G. HILL ROBERT L. MYERS, 111 HENRY G. HAGER

('Ommittee On the part Of the Senate')

NORMAN S. BERSON CHARLES N. CAPUTO WARREN H. SPENCER

(Committee on the part o i the House of Representatives.)

An Act amending Titles 42 (Judiciary and Judicial Pro- cedure), 15 (Corporations and Unincorporated Associa- tions), 18 (Crimes and Offenses) and 71 (State Govern- ment) of the Pennsylvania Consolidated ,SFatutes, adding revised, codified and complled provisions relatlng to judiciary and judicial procedure, including ccrtain judicially enforceable rights, duties, immunities and liabilities and separately enacting certain related pro-1 visions of law.

ARTICLE A. PRELIMINARY PROVISIONS

Chapter 3. General Structure and Powers Subchapter A. Unified Judicial System

301. Unified judlcial system. Suhchapter B. General Provisions Relating to Courts

$ 321. Court of record. 5 322, seal, 5 323. Powers. 5 324. Sessions and terms of court. R 325. Chief Justice and president judges. 5 326. Quorum. 5 327. Oaths and acknowledgments.

ARTICLE B. APPELLATE COURTS

Chapter 5. Organization of Appellate Courts Subchapter A. Supreme Court of Pennsylvania

5 501. Supreme Court. $ 502. General powers of Supreme Court. § 503. Reassignment of matters. 5 504. Seat of court.

Suhchapter R. Superior Court of Pennsylvania 5 541. Superior Court. $ 542. Powers of Superior Court. 9 543. Seat of

Suhchapter C. Commonwealth Court of Pennsylvania 561. Commonwealth court,

$ 562. Powers of Commonwealth Collrt. 6 563. Seat of court. $ 564. Evidentiary hearings. Chapter 7. Jurisdiction of Appellate Courts

Subchapter A. General Provisions 701, Scope of subchapter,

$ 702. ~ ~ ~ ~ ~ l ~ ~ ~ t ~ ~ ~ orders, $ 703. Place and form of filing appeals. $ 704. Waiver of objections to jurisdiction. R 705. Transfers between intermediate appellate courts. 5 DisPOsltlon 5 707. Lien Of judgments FOR 5 708. Improvident admlnlstrative appeals and other

matters. Subchapter 13. Of Supreme Court

5 lz1. Original jurisdiction. 5 722. Direct appeals from courts of common pleas. 5 723. Appeals from the Commonwealth Court. 5 724. Allowance of appeals from Superior and Com-

monwealth Courts. 5 725. Direct appeals irom constitutional and judicial

agencies. $ 726. Extraordinary jurisdiction.

Suhchapter C. Jurisdiction of Superior Court 741. Original jurisdiction.

5 742. Appeals from courts of common pleas. Srlbchapter D. Jurisdiction of Commonwealth Court

$ 761. Original jurisdiction. $ 762. Appeals from courts of common pleas. $ 763. Direct appeals from administrative agencies.

ARTICLE C. COURTS OF COMMON PLEAS

Chapter 9. Orga~lization and Jurisdiction of Courts of Common Pleas

Suhchapter A. Judicial Districts , 5 901. Judicial d~strlcts.

Suhchapter R. Organization of Courts of Common Pleas

5 911. Court of common pleas. P 912. Powers of courts of common pleas. 5 913. Seats of courts.

Subchapter C. Jurisdiction of Courts of Common

Snbchaptcr D. Cnurt Divisions § ! I Court dials~ons. $ 052. Slatiis of court divisions.

953. Administrative judges of divisions.

ARTICLE D. MINOR COURTS

Chaptcr 11. Community and Llnnicipal Courts Suhchapter A. Commtinity Courts

$ 1101. Communitv Courts. $ 1102. ~ s t a h l i s h 6 c n t or discontinuance of community

courts. $ 1101 Poxvcrs of community courts.

~- ~~

j 1141: .~urisdicticn and venue :hantcr 13. Traliic Courts

1 Provisions

Phila ?hi,.

Court

elphia

Subchapter C. Traific Court of Pittsburgh : 1331. Traflic Court, of I'ittshurgh.

1332. Operations oC traffic court.

ARTICLE E. DISTRICT JUSTICES

:hapter 15. District Justices Suhchautrr A. Masisterial Districts 1501. Definitions. 1502. Classification of districts. 1503. Reeslablisllment of districts. Snhchnnter B. District Justices 1511. District justices. 1512. Seal. 15i3. Powcrs of district justices. 1 4 . Olliccs. 1515. Jurisdiction and venue. 1516. Licn of judgment.

SUBI'ART B. OTIIE9 STRUCTURAL PROVISIONS

!hapter 17. Governance of the System Subchapter A. General Provisions 1701. Grveral sunervisorv and administrative au- - ~ ~ ~

thorilv of tile ~unr"cme Court 1702. Rule making procedures. Subchauter B. Specific Powers of the Governing Au-

persohnel of the system. Establishi~lent of fees and charges. Est.iblishment uE taxable costs. h ldgc t and finnncial matters. Rrcognition of relatcd organizations. Conferences and institutes. Boards, councils, commissions ayd committees. 19. Administr;itive Oificc o~ Pennsylvania

S 1903. Staff. Chapter 21. Judicial Boards and Commissions

Subchapter A. Judicial Inquiry and Review Board 5 2101. Judicial Inquiry and Review Board. # 2102. Composition of board. 5 2103. Organization. 5 2104. Staff. B 2105. Powers and duties.

Suhchapter B. Judicial Qualifications Commission (Reserved)

Subchapter C. Jury Selection Commissions § 2121. Jury selection commissions. 5 2122. Composition of jury selection commissions. 5 2123. Staff. 5 2124. Powers and duties.

Subchapter D. Minor Judiciary Education Board $ 2131. Minor Judiciary Education Board. 6 2132. Composition of board. § 2133. Organization. § 2134. Staff. S 2135. Powers and duties.

Subchapter E. Boards of Viewers $ 2141. Boards of viewers. 5 2142. Composition of boards. 5 2 4 3 Staff. 5 2144. Powers and duties. [Chapter 23. System and Related Personnel] Chnntcr 23. Personnel of the System 5 2101. Appointment of personnel. 6 2302. Maintenance of adequate county staff. [%2303. Powers of system and related personnel.] Chapter 25. Representation of Litigants

S~~hchap te r A. General Provisions 3 2501. Appearance in person or by counsel. S 2302. Certain persons not to appear as counsel. 5 2503. Right of participants to receive counsel fees.

Subchapter B. Attorneys and Counsellors $ 2521. Office of attorney-at-law. # 2522. Oath of office. k' 2523. Persons specially admitted by, local rules. R 2524. Penalty for nnai~thorlzed practlce of law. § 2525. Unauthorized solicitation prohibited. Chaptcr 27. Office of the Clerk of the Court of Com-

mon Pleas Subchapter A. General Provisions

5 2'i01. Scope and purpose of chapter. 6 2702. Place of filing of documents. 5 2703. Notice of transfer of functions and duties. $ 2704. Responsibility for entry, maintenance and cer-

tification of data. Subchapter B. Prothonotaries.

F 2731. Prothonotary. R 2732. Selcction of prothonotary. 5 2733. Seal. 5 2734. OIfice of the prothonotary. 5 2735. Staff. 5 2736. Matters or documents filed in the office of the

prothonotary. 5 2737. Powers and duties of the office of the pro-

thonotary. 2738. Criminal, probate, estates and fiduciary matters. Snbchapter C. Clerks of the Courts.

§ 2751. Clerk of the courts. 5 2752. Selection of clerk of the courts. 6 2753. Seal.

2754. Office of the clerk of the courts. 5 2755. Staff. $ 2756. Matters or documents filed in the office of the

clerk of the courts. 5 2757. Powers and duties of the office of the clerk of

the courts. Subchapter D. Clerlrs of Orphans' Court Divisions

$ 2771. Cierlr of the orphans' court division. g 2772. Selection of clerk of the orphans' court division. 5 2773. Seal. 5 2774. Olfice of the clerk of the orphans' court division. 8 2775. Staff. $ 2776. Matters or documents filed in the office of the

clerk of the orphans' court division. 6 2777. Powers and duties of the office of the clerk of

the orphans' court dlvslon.

1976. LEGISLATIVE

F 5305. Corporate shares. $ 5306. Obligations. 5 5307. Status.

Subchapter B. Interstate and International Procedure 8 5321. Short title of subchapter. 5 5322, Bases of personal jurlsdlction over persons out-

side this Commonwealth. 8 5323 Service of process on persons outside this Com-

monwealth. 2 5324. Assistanre to tribunals and litigants outside this

Commonwealth with respect to servrce. $ 5325, when and how a deposition may be taken out-

side this Commonwealth. 6 5326. Assistance to tribunals and litigants outside this

Commonwealth with respect to deposltlons. 6 5327. Determination of foreign law. 6 5328. Proof of official records. 5 5329. Other provisions of law unaffected. Chspter 55. Limitation of Time

Subchapter A. General Provisions 1 5501. Scope of chapter. $ 5502. Method of computing periods of limitation gen-

erally. 6 5503. Commencement of matters. 5 5504. Judicial extension of time. $ 5505. Modification ,of orders.

Subchapter B. Civll Actlons and Proceedings § 5521. Limitations on foreign claims.

5522. Six months limitation. 6 5523. One year limitation. 6 5524. Two year limitation. 8 5525. Four year limitation. 5 5526. Five year limitation. 5 5527. Six year limitation. 6 5528. Fifteen year limitation. $ 5529. Twenty year limitation. S 5530. Twenty-one year limitation. $ 5531. No limitation. ,S 5532. Ahsence or concealment. [%5533. Infancy, insanity or imprisonment.1 S 5533. (RESERVED). S 5534. War. 5 5535. Effect of other actions and proceedings. C. 5536. Construction projects.

S ~ ~ b r h a p t c r C. Criminal Proceedings I . No limitation applicable to murder.

% 5552. Other offenses. 8 5553. Tolling of statute.

Subrhapter D. Appeals ? 7 Appcals generally. 5 5572. Timc of entry of order. 6 5573. Effect of application for rehearing. 8 5574. Effcct of application for amendment to qualify,

for interlocutory appeal. Chapter 57. Bonds and Recognizances

Subchapter A. General Provisions S 5701. Right to bail. 6 5702. Bail to be governed by general rules.

S~~bchap te r B. Professional Bondsmen 6 5741. Definitions. 6 5742, llegistration and liccnsure required. 3 5743. Issuance of license. $ 5744. Office. 3 5715. Refusal to grant or renew license.

*JOURNAL,-HOUSE 5773

CIVIL MATTERS

6 5921. I ~ t e r e s t not , to disqualify. 8 5922. Dlsqual~flcat~on by perJurY. 6 5923. Confidential communications between spouses. § 5924. Spouses as witnesses against each other. S 5925. Testimony by wife against husband in rebuttal. § 5926. Testimony by spouse after attack on character

or conduct. 5 5927. [In actions] ACTIONS by spouse to recover

separate property. 5 5928. Confidential communications to attorney. B 5929. Physicians not to disclose information. 5 5930. Surviving party as witness, in case of death,

mental lncapaclty, etc. 6 5931. Incompetent witnesses. $ 5932. Witness competent to testify against interest; to

become competent upon release of interest. F 5933. Competency of surviving party. 6 5934. Notes of evidence at former trial. 5 5935. Examination of person adversely interested.

CERTAIN PRIVILEGES AND IMMUNITIES

5 5941. [Who] PERSONS WHO may be compelled to testify.

4 6 5942. Confidential communications to news reporters. fi 5943. Confidential communications to clergymen. 11 5944. Confidential communications to licensed psy-

chologists. 6 5945. Confidential communications to school person-

nel. 5 5946. Confidential communications to certified public

accountants. 6 5947. Competency of witnesses and jurors. [$5948. Order to testify in cases involvini! orgonizrd

crime or racketeering.1 6 5948. (RESFRVED).

Subchapter B. Securing Attendance of Witnesses in Criminal Proceedings

6 5961. Short title of subchapter. 6 5962. Definitions. 6 5963. Summoning witness in this Commonwealth to

testify in another state. § 5964. Witness from another state summoned to testify

in this Commonwealth. 6 5965. Exemption from arrest and service of process.

Subchapter C. Rendition of Prisoners as Witnesses in Criminal Proceedings

6 5971. Short title of subchapter. S 5972. Definitions. 6 5973. Scope of subchapter.

5974. Summoning witness in this to testify in another state.

! S 5975. Court order. F 5976. Terms and conditions. 6 5977. Prisoner from another state summoned to testify

in this Commonwealth. ,5 5978. Compliance. $ 5979. Exemption from arrest and service of process. Chapter 61. Rules of Evidence

Subchapter A. Documentary Evidence 1 8 6101. Scope of subchapter. 1 $ 6102. Judicial notice of official seals.

§ 5746. Suspension or revocation of license. F 6103. Proof of official records. S 5741. Statements by fidelity or surety companies. 6 6104. Effect Of Official records generally. S 5748. Maximum premiums. 5 6105. Acts of notaries public. 5 5749. Prohibitions and penalties. 6 6106. Certified exemplifications of records. Chapter 59. Depositions and Witnesses 6 6107. Judicial notice of certain local government ordi-

Subchapter A. Witnesses Generally nances. 6 5901. Judicial oath. 1 6 6108. Business records. $ 5902. Effect of religious beliefs. IF 6109. Photographic copies of business and public I records.

CRIMINAL PROCEEDINGS I § 611 0. Registers kept by religious societies and municipalities.

R 5911. Competency of witnesses generally. ! $ I I I. Handwriting. S 5912. Disqualification by perjufy. j S 61 12. Introduction of parol evidence after refusal to 6 5913. Spouses as witnesses against each other. produce documents. S 5914. Confidential communications between spouses. Subchapter B. Eminent Domain Matters 8 5915. Testimony by spouse in rebuttal. 1 6 6121. Eminent domain matters. § 5916. Confidential communications to attorney. 1 Subchapter C. Blood Tests to Determine Paternity 6 5917. Notes of evidence at former trial. : $ 6131. Short title of subchapter. F 5918. Examination of defendant as to other offenses. ' § 6132. Scope of subchapter.


Section 2. Title 42 is amended to read: I TITLE 42

JUDICIARY AND JUDICIAL PROCEDURE I Part I. 11. 111.

IV. v . VI.

VJI. VIII. rrx.

Preliminary Provisions Organization [of Judicial Branch] Selection, Retention and Removal of Officers Finanrial Matters - .. . -. . -. -. . . . - . . -. - Administration of Justice Generally Actions, [and] Proceedings and Other "..--....,I.. " r r L r ' a L l y

Civil Actions and Proceedings Criminal Proceedings General Provisions1

Judicial

Matters

PART I

PRELIMINARY PROVISIONS

Chapter 1. General Provisions

CHAPTER 1

GENERAL PROVISIONS

Sec. 101. Short title of title. 1 n 9 nofinitinna

"Clerk!' As applied to a court of common pleas or the Philadelphia Municipal Court, the personnel of the office of the clerk of the court of common pleas, and as applied to any other court, the administrative staff responsible for the receipt of documents transmitted tc the court by litigants and the transmission of notice of orders entered by and process issued under the authority "f ,hn "̂>.,.+ ". b..L .,

"Clerk of the courts." The officer exercising the powers and performing the duties specified in Subchapter C of Chapter 27 (relating to clerks of the courts). The term includes the Clerk of Quarter Sessions of Phila- delnhia. ~ ~ . ~~ - -~~ .

"Clerk of the orphans' court division." The officer exercising the powers and performing the duties specified in Subchauter D of Chanter 27 (relatine to clerks ol orphans' courf divisions). '

"Commonwealth agency." Any executive agency 01 - . - . independent agency.

"Commonwealth Court." The court existing under section 4 of Article V of the Constitution of Pennsylvani~ and Suhchapter C of Chapter 5 (relating to Common- wealth Court of Pennsylvania).

"Commonwealth government." The government of tht Commonwealth, including the courts and other officers 01

lagencies of the unified judicial system, the General As sembly and its officers and agencies, the Governor, anr the departments, boards, commissions, authorities and officers and agencies of the Commonwealth, but the tern does not include any political subdivision, municipal 01 other local authoritv. or anv officer or aeencv of anx ~ ~ " ~ - - ~ " - - ~~--. 1 such uolitical subdiGision or' local authoritv.

--L.A..

103. Principles of construction. 5 101. Short title of title.

s hi^ title shall be known and may be cited as the "Judicial Code!' 6 102. Definitions.

"Community court." A court existing in a judicia district under section 6(a) of Article V of the Constitu- tion of Pennsylvania and Subchapter A of Chapter 1' (relating to community courts).

"County." Includes the City and County of Philadel. - Subject to additional definitions contained in subsequent provisions of this title which 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:

"Action." Any action at law or in equity. "Administrative judge." The administrative judge pf a

division of a court, determined or selected as prescribed by general rule.

"Administrative office." The office of the Court Ad- ministrator of Pennsylvania as specified in section 1902 (relating to Administrative Office of Pennsylvania Courts).

"Administrative staff." All individuals employed in the business of a court, including the personnel of the office of the clerk of the court of common pleas, hut the term does not include judicial officers or their personal staff. The term includes the clerks or prothonotaries of the Supreme Court, the Superior Court and the Com- monwealth Court and their staffs.

"Affidavit." Includes an unsworn document containing statements of fact and a statement by the signatory that it is made subject to the penalties of 18 Pa.C.S. 5 4904 (relating to unsworn falsification to authorities).

"Appeal." Any petition or other application to a court for review of subordinate governmental determinations. The term includes an application for certiorari under section 934 (relating to writs of certiorari) or under any other provision of law. Where required by the context, the term includes proceedings on p e t ~ t ~ o n for review.

''Appellate court." Includes the Supreme Court, the Superior Court and the Commonwealth Court.

"Appointive judicial officels." Arbitrators, auditors, commissioners to take oaths and depositions, custodians, examiners, guardians, masters, receivers, referees, tms- tees, viewers and other like officers.

M B ~ ~ ~ ~ ~ , , * applied to a court of common pleas in a multi-county judicial district, an administrative unit ?om- posed of those members of the staff of the court from a particular county within the judicial district.

"Central staff.'' All individuals employed in the husi- ness of the unified judicial system, but the term does not include district justices or their personal staff or personnel of the courts.

phis. "County staff." System and related personnel electel

by the electorate of a county or subject to appointmen and removal by officers, other: than judi~ial officers, SI elected. The term does not lncli~de ludlc~al off~cers.

Court." Includes any one or more of the judges of thf court who are authorized by general rule or rule o court, or by law or usage, to exercise the powers of th4 court in the name of the court.

"Court Administrator of Pennsylvania!' The court ad ministrator appointed by the Supreme Court under sec tion 10 (b) of ,Article V of the Constitution of Pennsyl vanla and secpon 1901 (relatmg to Court Adm~nistrato of Pennsylvan~a). , "Court of common pleas." The court existing in eacl ~ u d ~ c ~ a l district under section 5 of Article V of. the Con stltut~on of Pennsy1van;a and Chapter 9 (relatrng to or ganlzatlon and ~ u r r s d ~ c t ~ o n of courts of common pleas).

"Determination." Action or inaction by a governmen unit which action or inaction is subject to judicial revie! by a court under section 9 of Article V of the Consti tution of Pennsylvania or otherwise. The term include an order entered by a government unit.

"District justice." A justice of the peace holding offic under section 7(a) of Article V of the Constitution c Pennsylvania and Chapter 15 (relating to district justices:

uDivision,u An administrative unit of thos judges of the court responsible for the transaction of specified class of the business of the court, In a caul having two or more divisions each division of coui is with the full jurisdiction of the whole court, bv the business of the court may be allocated among th divisions of the court by or pursuant to general rules.

"Executive agency." The Governor and the depart ments, boards, commissions, authorities and other officer and agencies of the Commonwealth government, but th term does not include any court or other officer c agency of the unified judicial system, the General As sembly and its officers and agencies, or any independer ' agency.

["General rule." A rule or order promul&!ated by < pursuant to the authority of the Supreme Court.]

"GENERAL RULE." A RULE OR ORDER PROMUI GATED BY THE GOVERNING AUTHORITY.

LEGISLATIVE JOURNAkHOUSE

"Governing authority." [When used with respect to the sxercise of any power or the performance of any duty:]

(1) [the] THE Supreme Court; or (2 ) any agency or unit of the unified judicial system

xercising [such] A power or performing [such] A duty aursuant to [the authority of the Supreme Court under1 ;ection 1721 (relating to delegation of powers).

"Government agency." Any Commonwealth agency or iny political subdivision or municipal or other local au- .hurity, or any officer or agency of any such political ~uhdivision or local authority.

"Government unit." The General Assembly and its >fficers and agencies, any government agency or any :ou t or other officer or agency of the unified judicial ;ystem.

"Independent agency." Boards, commissions, authori- .ies and other agencies and officers of the Commonwealth Zovernment which are not subject to the policy super- ~is ion and control of the Governor, hut the term does lot include any court or other officer or agency of the

"Personal staff." Private secretaries, law clerks and such other personnel as an individual may be authorized by law to select and remove subject to standards and classifications established by the governing authority.

"Personnel of the court." The judges and staff of the court.

"Personnel of the system." Judicial officers, personal staff, administrative staff and central staff.

"Philadelphia Municipal Court." The municipal court existing under section 6(c) of Article V of the Consti- tution of Pennsylvania and Subchapter B of Chapter 11 (relating to Philadelphia Municipal Court) so long as a communrty court has not been established or in the event one has been discontinued in the City and County of Philadelphia.

"Pittsburgh Magistrates Court." The court existing under Subchapter C of Chapter 11 (relating to Pitts- burgh Magistrates Court).

"President judge." The president judge of a court determined or selected as provided or as prescribed by

urisdiction specified i n , this title. -

"Judge." Includes a justrce of the Supreme Court. 3xcept with respect to the power to select a president or idministrative judge, to appoint and remove the ad-

lnified judicial system or the General Assembly and its 1 law. ~fficers and agencies. / "Proceeding." Includes every declaration, petition or

"Indictable offense." An offense other than a summary other application which ,may be made to a court under ~ffense. law r i r usage I, and includes evcry declaration, petition

"Issuing authority." Any judge or district justice of or other application whioli may bc made] OR under h e minor iudiciarv, subject to the espress limitations on s ~ e c i a l stniutorv authorilv. but the term does not jnclurle . .

a i nclion or an appeal. "Process." A document evidencing a command of a

court. "Prothonotary." The officer exercising the powers and

ninistrative staff of the court and to adopt rules o f performing the duties specified in Subchapter B of :ourt and other similar matters, the term includes a Chapter 27 (relating to prothonotaries). :enior judge. / "Quasijudicial order." An order of a government unit,

"Judicial and [correctional] RELATED account." The made after notice and opportunity for hearing, which is ~ccount required to he established upon the books of cer- by law reviewable solely upon the record made before ain political subdivisions pursuant to sectlon 3541 (relat- the government unit, and not upon a record made in ng to judicial and [correctionall RELATED account). whole or in part before the reviewing court. This defi-

"Judicial branch." The judicial branch specified in ' nition has no application to the definition of "tri- ectian 10(c) of Article V of the Constitution of Penn- ! hllnal"

5778 LEGISLATIVE JOURNAL-HOUSE June 29

lating to Traffic Court of Philadelphia) so long as a community court has not been established or in the event one has been discontinued in the City and County of Philadelphia.

"Tribunal." A court, district justice or other judicial officer vested with the power to enter an order in a matter. The term includes a government unit, OTHER THAN THE GENERAL ASSEMBLY AND ITS OFFICERS AND AGENCIES, when performing quasi-judicial functions.

"Unified judicial system." The unified judicial system existing under section 1 of Article V of the Constitution of Pennsylvania and section 301 (relating to unified judicial system).

"Verified." Includes an unsworn document containing a statement by the signatory that is made subject to the penalties of 18 Pa.C.S. 5 4904 (relating to unsworn falsification to authorities). 5 103. Principles of construction.

(a) Necessary powers conferred.-The provisions of this title shall be construed so as to Vest in the unified judicial system and in the personnel of the system power to do all things that are reasonably necessary for the proper execution and administration of their functions within the scope of their respective jurisdiction.

(h) No inference from express grant of powers.-The inclusion in this title of provisions derived from or based on the text of the Constitution of Pennsylvania and the specification in this title of the powers of the unified judicial system is for the avoidance of potential controversy and the convenient codification of the powers of the system from whatever source derived and shall not he construed as a determination by the General As- sembly that any of such Powers are or are not inherent in the Supreme Court or the other agencies and units of the system under the Constitution of Pennsylvania or otherwise.

PART I1

ORGANIZATION [OF JUDICIAL BRANCH]

Subpart A. Courts and District Justices B. Other Structural Provisions

SUBPART A

COURTS AND DISTRICT JUSTICES

Article A. Preliminary Provisions B. Appellate Courts C. Courts of Common Pleas D. Minor Courts E. District Justices

ARTICLE A

PRELIMINARY PROVISIONS

Chapter 3. General Structure and Powers

CHAPTER 3

GENERAL STRUCTURE AND POWERS

Subchapter A. Unified Judicial System B. General Provisions Relating to Courts

SUBCHAPTER A

UNIFIED JUDICIAL SYSTEM

Sec. 301. Unified judicial system.

g 301. Unified judicial system. The judicial power of the Commonwealth shall be

vested in a unified judicial system consisting of the: (1) Supreme Court. I

/ (5) Community courts. ( 6 ) Philadelphia Municipal Court. (7) Pittsburgh Magistrates Court. (8) Traffic Court of Philadelphia. (9) District justices.

All courts and district justices and their jurisdiction shal be in this unified judicial system.

SUBCHAPTER B

GENERAL PROVISIONS RELATING TO COURTS

Sec. 321. Court of record. 322. Seal. 323. Powers. 324. Sessions and terms of court. 325. Chief Justice and president judges. 326. Quorum. 327. Oaths and acknowledgments.

5 321. Court of record. Except as otherwise provided in this subpart ever1

court of this Commonwealth shall be a court of recorc with all the qualities and incidents of a court of recorc at common law. § 322. Seal.

Each court of this Commonwealth shall have a seal en. graved with the name of the court and such other inscrip. tion as may be specified by general rule or rule of court A facsimile or preprinted seal may be used for all pur poses in lieu of the original seal. g 323. Powers.

Every court shall have power to issue, under its judi cia1 seal, every lawful writ and process necessary o, suitable for the exercise of its jurisdiction and for tht enforcement of any order which it may make and a1 legal and equitable powers required for or incidental t, the exercise of its jurisdiction, and, except as otherwis, prescribed by general rules, every court shall have powe: to make such rules and orders of court as the interest o justice or the business of the court may require. 5 324. Sessions and terms of court.

Except as otherwise prescrihed by general rule o rule of court each court shall be in session as often as it judges shall deem necessary or proper and there shall b, no terms of court. Each court shall always be open fo the transaction of judicial business and the court or an: judge shall have the same power in vacation to issul injunctions, grant stays and enter other ordcrs as the: have while the court is in session. The continued exis tence or expiration of a session of a court in no wa: affects the power of a court to do any act or take an: proceeding. 5 325. Chief Justice and president judges.

(a) General rule.-The Chief Justice of Pennsylvani, and the president judges of all courts with seven or les judges shall be the judge longest in continuous servic, on their respective courts. In the event of his resigna tion from this position the judge next longest in con tinuous service shall he the Chief Justice of Pennsylvani or the president judge. Should any two or more judge of the same court assume office at the same time, the shall cast lots forthwith for priority of commission, ant certify the results to the Governor who shall issue thei commissions accordingly.

(b) Courts of eight or more judges.-The presiden judges of all courts with eight or more judges shall b selected for five-year terms by the members of thei respective courts. In the event of a tie vote for th office of president judge, the Supreme Court shall ap point as president judge one of the judges receiving t h highest number of votes.

(c) Traffic Court of Philadelphia.-Notwithstandin any other provision of this section, the President Judg of the Traffic Court of Philadelphia shall be appointed h: the Governor for a five-year term or a t the pleasure o the Governor.

(d) Resignation and temporary inability.-The Chie Justlce of Pennsylvania or a president judge may resig such position and remain a member of the court. [If tb

(2) Superior Court. [Chief Justice or a president judge is temporarily unabl (3) Commonwealth Court. 1 to p:rform his duties as such, they shall be performed b (4) Courts of common pleas. the judge designated by or Pursuant to general rule.]


SUBCHAPTER C

COMMONWEALTH COURT OF PENNSYLVANIA

Sec. 561. Commonwealth Court. 562. Powers of Commonwealth Court 563. Seat of court. 564. Evidentiary hearings.

5 561. Commonwealth Court. The Commonwealth Court of Pennsylvania shall consist

of seven judges. 5 562. Powers of Commonwealth Court.

The Commonwealth Court shall have power to issue, under its judicial seal, every lawful writ and process necessary or suitable for the exercise of its jurisdiction and for the enforcement of any order which it may make, including such writs and process to o r to he served or enforced by system and related personnel as the courts of common pleas are authorized by law or usage to issue. The court shall also have all powers of a court of record possessed by the courts of rommon plea.; and all powers necessary or appropriate in a ~ d of its appellate jurisdiction whlch are agreeable to the usages and principles of l l r i r

a "& -"-A".

(a) Regular sessions.-The regular sessions of the Com- monwealth Court shall be held at the seat of government and elsewhere as nrovided in subsection (b). Each iudee ~ ~~~ ~ ~

shall be urovided with suitable chambers and other faciii- ties a t (he seat of government. The intention of this provision is to render the court and the judges thereof as available, except as provided in subsection (b) or as otherwise provided in this title, at the seat of government for the conduct of routine and emergency judicial business as would be the case if the jurisdiction of the court were exercised by the Court of Common Pleas of Dauphin County.

(b) Other sessions.-Within the limits of available appropriations, special sessions of the court may be held from time to time for the convenience o i parties or witnesses, or both, in the interest of justice, in such judicial districts of this Commonwealth as make available without cost to the Commonwealth suitable courtroom and related physical facilities. The court shall also sit in the cities of Philadelphia and Pittsburgh § 564. Evidentiary, hearings.

In any matter w h ~ c h requlres the taking of testimony, the President Judge of the Commonwealth Court may as- sign a judge of the court, or another judge temporarily assigned to the court pursuant to section 4121 (relating to assignment of judges), to sit and receive the evidence, and perform such other duties as may be prescribed by rule or order of court.

CHAPTER 7

JURISDICTION OF APPELLATE COURTS

Subchapter A. General Provisions B. Jurisdiction of Supreme Court C. Jurisdiction of Superior Court D. Jurisdiction of Commonwealth Court

SUBCHAPTER A

GENERAL PROVISIONS

Sec. 701. Scope of subchapter. 702. Interlocutory orders. 703. Place and form of filing appeals. 704. Waiver of objections to jurisdiction. 705. Transfers between intermediate appellate courts. 706. Disposition of appeals. 707. Lien of judgments FOR MONEY. 708. Improvident administrative appeals and other

matters. 701. Scope of subchapter.

(a) General rule.-The provisions of this subchapter shall apply to all courts of this Commonwealth, including the courts of common pleas when sitting as appellate courts.

(b) Reassignment of matters.-Any of the provisions of Subchapter B (relating to jurisdiction of Supreme Court), Subchapter C (relating to jurisdiction of Superior Court) and Subchapter D (relating to jurisdiction of Common- wealth Court) shall be subject to and superseded by any inconsistent provisions of any general rule adopted pursuant to section 503 (relating to reassignment of matters). $ 702. Interlocutory, orders.

la) Appeals authorized by law.-[Except as otherwise prescribed by any general rule adopted pursuant to section 503 (relating to reassignment of matters) an] AN appeal authorized by law from an interlocutory ordeq i? a matter shall be takcn to the appellate court hav~ng jurls- diction of final orders in such matter.

(h) Interlocutory appeals by permission.-When a court or other government unit, in making an interloc- utary order in a matter in which its final orclel. would be within the jurisdiction of an appellate court, shall be of the opinion that such order involves a controlling question of law as to which there is substantial ground for difference of opinion and that an immediate appeal from the order may materislly advance the ultimate termination of the matter, it shall so state in such order. The appellate court may thereupon, in its discretion, permit an appeal to he taken from such order. [Except as otherwise prescrihed by general rule, a]

(C) SUPERSEDEAS.-A petition for permission to appeal under this [subsection] SECTION shall not stay the proceedings before the lower court or other government unit, unless the lower court or other government unit or the appellate court or a judge thereof shall so order. $ 703. Place and form of filing appeals.

Appeals, petitions for review, petitions for permission to appeal and petitions for allowance of appeal shall be filed in snrh officc and in such form as may he prescribed by general rule. $ 704. Waiver of objections to jurisdiction.

(a) General rule.-The failure of an appellee to file a n objection to the jurisdiction of an appellate court within such time as may be specified by general rule, shall, unless the appellate court otherwise orders, operate to perfect the appellate jurisdiction of such appellate court, notwithstanding any provision of this title, or of any general rule adopted pursuant to section 503 (re- laling to reassignment of matters), vesting jurisdiction of such appeal in another appellate court.

(b) Exception.Subsection (a) shall not apply to any defect in the jurisdiction of an appellate court which arises out of:

(1) The failure to effect a filing within the time provided or prescrihed by law.

(2) An attempt to take an appeal from an interlocutory order which has not been made appealable by law or pursuant to section 702(b) (relating to interlocutory appeals by permission).

705. Transfers between intermediate appellate courts The Superior Court and the Commonwealth Court shall

have power pursuant to general rules, on their own motion or upon petition of any party, to transfer any appeal to the other court for consideration and decision with any matter pending in such other court involvinp the same or related questions of fact, law or discretion. 5 706. Disposition of appeals.

An appellate court may affirm, modify, vacate, set aside or reverse any order brought before it for review and may remand the matter and direct the entry of such appropriate order, or require such further proceedings tc be had as may be just under the circumstances. 5 707. Lien of judgments FOR MONEY.

Any judgment or other order of the Supreme Court the Superior Court or the Commonwealth Court for thc payment of money shall not be a lien upon real propert> in any county until it is entered of record in the officc of the clerk of the court of common pleas of the count1 where the property is situated, or in the office of thc clerk of the branch of the court of common pleas embracing such county, in the same manner as a jud,gmenl transferred from the court of common pleas of anothel county. g 708. Improvident administrative appeals and o the~

matters. (a) General rule.-No objection to a governmenta


agencies. SUBCHAPTER I? The Supreme Court shall have exclusive jurisdiction of

appeals from final, orders of the following constitutional JURISDICTION OF SUPREME COURT and iudicial agencies:

determination shall be defeated by reason of error in the form of the objection or the office of clerk of court in which the objection is filed.

(b) Appeals.-If an appeal is improvidently taken to a court under any provision of law from the determination of a government unit where the proper mode of relief is an action in the nature of equity, mandamus, prohibition, quo warrnnto or otherwise, this alone shall not he a ground for dismissal, but the papers whereon the appeal was taken shall be regarded and acted on as a complaint or other proper process commenced against the government unit or the persons for the time being conducting its affairs and as if filed at the time the appeal was taken.

(c) Other matters.-If a complaint in the nature of equity, mandamus, prohibition, quo warranto or other original process is commenced in any court against a government unit o~ on: or mpre of the persons, for the time being conducting its affairs, as such, objectmg to a governmental detefmination by any of them, where the proper mode of rellef is an appeal from the determination of the government unit, this alone shall. not he a ground for dismissal, but the papers whereon the process against the government unlt or any of such persons was com- menccd shall be regarded and acted on as an appeal from such determination of the government unit and as if filed a t the time such process was commenced.

(d) Place of filing.-Sectinn 5103 (relating to transfer of erroneously filed matters) shall also be applicable to an appeal or other matter which is deemed to be filed or commenced under any provision of this section.

I ( 1 j ~ceislatrve Reannortionment Commission.

constitute an appeal from another court, a district justice or another government unit. [Any final order of the Com- monwi.alth Court]

(B) BOARD OF FINANCE AND REVENUE MATTERS. -ANY FINAL ORDER OF THE COMMONWEALTH COURT entered in any appeal from a decision of the Board of Finance and Revenue shall be appealable to the Supreme Court, as of right, under this section. S 724. Allowance of appeals from Superior and Com-

monwealth Courts. (a) General rule.-Final orders of the Superior Court

and final orders of the Commonwealth Court not appealable under section 723 (relating to appeals from Com- monwealth Court) mag he reviewed by the Supreme Court upon allowance of appeal by any two justices of the Supreme Court upon petition of any party to the matter. If the petition shall be granted, the Supreme Court shall have jurisdiction to review the order in the manner provided by section 5105(d)(1) (relating to scope of appeal).

(h) Improvident appeals.-If an appeal is improvidcnt- ly taken to the Supreme Court under section 723 (relating to appeals from Commonwealth Court) in a case where the proper mode of review is by petition for allowance of appeal under this section, this alone shall not be a ground for dismissal. hut the papers whereon the appeal was taken shall be regarded and acted on as a petition for allowance of appeal and as if duly filed at the time the appeal was taken. 5 725. Direct appeals from constitutional and judicial

and Review Board. ed with the power to determine

1 whether those members of the minor judiciary required

. . - - - .. . - - -- . - . c A a L . , L L L & L L " L L ,

725. Direct appeals from constitutional and judicial / (4) he vested with the Dower to admit nersons ~- ~

agencies.

i to the bar and "the practice of la'w. 726. Extraordinary jurisdiction. (5) The agency vested with the power to discipline or

$ 721. Original jurisdiction. remove irom office attorneys-at-law. The Supreme Court shall have original but not exclu- 1 ( 6 ) Any other judicial agcncy e;;tablishpd by gcntri;l ;ive jurisdiction of all cases of: ,.\ . - - ? ~ ~ - - I rules providing for a direct appeal to the Supreme Court.]

(2 ) Mandamus or prohibition to courts of inferior jnris- lictlon. Notwithstanding any other provision of law, the Su-

(3) Quo warranto as to any oflicer of Statewide juris- liction. i 722. j)irect appeals frorn courts of common pleas. /district justice of this Commonwealth involving a n issue

The Supreme Court shall have exclusive jurisdiction of / of immediate public importance, assume plenary jurisdic- ippeals from final orders of the courts of common pleas tion of such matter at any stage thereof and enter a n the following classes of cases: final order or otherwise cause right and justice to be

( 1 ) wnlnn inns h o m i r i r l p ! done.

arv iurisdlction " "

any other provision of law, the Su- on its own motion or upon petition of

LLL a n y matter pending before any court or ice of this Commonwealth involving a n issue

The Supreme ddurt shall have exclusive jurisdiction of / of immediate public importance, assume plenary jurisdic- ippeals from final orders of the courts of comlnon pleas tion of such matter at any stage thereof and enter a n the following classes of cases: final order or otherwise cause right and justice to be

( 1 ) wnlnn inns h o m i r i r l p ! done. \ A , A -. -. . . - - - - - - --.--A - -. (2) The right to public office. (3) Matters decided in the orphans' court division. (4) Direct criminal contempt in the courts of common

1 SUBCHAPTER C

,leas and other contempt proceedings in the courts of JURISDICTION OF SUPERIOR COURT omman nleas relating to orders which are aw~ealahle . . Lirectly tb the Supreme Court.

(5) Supersession of a district attorney by an Attorney :enera1 or by a court.

( 6 ) Matters where the right i?r pow?r of thp Common- vealth or any political subdivision to create or issue ndehtedness is drawn in direct question.

sec. Original jurisdiction

742. Appeals from courts of common pleas. 5 741. Original jurisdiction.

The Supcrior Court shall have no original jurisdiction, exccpt in cases of mandamus and prohibition to courts

(7) Matters where the court of common pleas has held of inferior jurisdiction where such relief is ancillary to nvalid as repugnant to the Constii,ution, treatirs or laws 1 matters within its appellate jurisdiction, and except that f the United States, or to the Constitution of this Com- / it, or any judge thereof, shall have full power and au- Ionwealth, any treaty or law of the United States or thorlty when and as often as there may be occasion, to ny provision of the ContitutC,-n <:f, or of any statute of, / issud writs of habeas corpus under like conditions return- his Con~monwealth, or any provision of any home rule \ ablc to the said court. harter. 5 742. Appeals from courts of common pleas.

(8) MATTERS WKERF THE RIGFIT TO PRACTICE 1 , The , , , Supcnor ' Court shall have exclusive appellate A W IS DRAWN IN DIRECT QUESTION. ! jurrsdiction of all appeals from final orders of the courts

723. Appeals from the Commonwealth Court. I of common pleas, regardless of the nature of the contro- (A) GENERAL RULE.-The Supreme Court shall have j versy or the amount involved, except such classes of ap-

xclusive jurisdiction of appeals from final orders of the pcnls as are by any provision af this chapter within the !ommonwealth Court entered in any matter which was ' evclusive jurisdiction of the Supreme Court or the Com- riginally commenced in said court and which does not l ~ ~ n w e a l t h Court.


government unit for the purposes of section 723 (relating to appeals from the Commonwealth Court) and Chapter 55 (relating to limitation of time).

ARTICLE C

COURTS OF COMMON PLEAS

Chapter 9. Organization and Jurisdiction of Courts of Common

Pleas

CHAPTER 9

Subchapter A. Judicial Districts B. Organization of Courts of Common Pleas C. Court Divisions D. Jurisdiction of Courts of Common Pleas

SUBCHAPTER A

JUDICIAL DISTRICTS

Sec. 901. Judicial districts.

5 901. Judicial districts. (a) General rule.-The Commonwealth is divided into

69 judicial districts, numbered and composed as follows:

First.-City and County of Philadelphia. Second.-County of Lancaster. Third.-Countv of Northamnton. Fourth.-~outity of Tioga. Fifth.-County of Alleghenv.

~1even th . -~o in ty of Luzerne. Twelfth.-County of Dauphin. Thirteenth.-County of Greene

~&eteenth.-~ount"y of York. Twentieth.-County of Huntingdon. Twenty-first.-County of Schuylkill Twenty-second.-County of Wayne. Twenty-third.-County of Rerkq Tw~ntv-fourth.-Count" c

~went$-sixth.-~ounfies of Columbia and Montour. Twenty-seventh.-County of Washington. Twenty-eighth.-County-of Venango.. Twenty-ninth.-County of Lycoming. Thirtieth.-County of Crawford. Thirty-first.-County of Lehigh. Thirty-second.-County of Delaware. Thirtv-third.-Countv of Armstrone. 13hirt$-fourth.-~ou<ty of ~usquehznna. Thirtv-fifth.-County of Mercer. ' h - I . -Cullnty of Ilk~aver. T - n . C . ~ ~ ! l l t l i ~ ( 9 1 L.'it.v.st and Warren. Thi1.ty-c12hth - C O I : I I ~ ~ c.i 3lot1tgc Incry. Thlrtv-ni11'h.-Cr ull:i~.s oi Frnr~klin and Fulfon . Fortieth.-county of Indiana. Forty-first.-Counties of Juniata and Perry.

Fortj.-sixth.-~ouniy of ~ lea r f i e ld ;~~ Forty-seventh.-County of Camhria. Forty-eighth.-County of McKcan.

- - -... I ~if tb-s ixth . -~ountv of Carbon.

F~fty-seventh.-cointy of Bedford. Fifty-eighth.-County of Mifflin. Fifty-ninth.-Counties of Cameron and Elk.

I (h) Change in number or boundaries.-Exce~t as 1 otherwise provided therein, any statute amending- sub- section (a) so as to change the number or boundaries of the judicial districts of this Commonwealth shall take effect 30 days after the entry of an order of the Supreme Court evidencine the advice and consent of the court to

I ~ - .--. .~ ~ ~ - . ..

the amendment pursuant to section 11 of Article V of the Constitution of Pennsylvania.

SUBCHAPTER B

ORGANIZATION OF COURTS O F COMMON PLEAS

Sec. 911. Courts of common pleas 912. Powers of courts of conunon pleas. 913. Seats of courts.

5 911. Courts of common pleas. (a) General rule.-There shall be one court of common

pleas for each judicial district of this Commonwealth consisting of the following number of judges:

First Second Third Fourth Fifth Sixth Seventh Eighth Ninth Tenth Eleventh Twelfth Thirteenth Fourteenth Fifteenth Sixteenth Seventeenth Eighteenth Nineteenth Twentieth Twenty-first

Number of Judges

81 4 4 1

39 5

Forty-ninth.-County of Centre Fiftieth.-County of Butler. Fifty-first.-County of Adams.


Fifty-first 1 Fifty-second 2 Fifty-third 2 Fifty-fourth 1 Fifty-fifth 1 Fifty-sixth 1 Fifty-seventh 1 Fifty-eighth 1 Fifty-ninth 1

(b) single county districts.-In single county judi- cia1 districts the court of common pleas of the district shall be known as the "Court of Common Pleas of (the respective) County."

(c) Multi-county districts.-In multi-county judicial districts the court of common pleas of the district shall he known as the "Court of Common Pleas of the (respective) Judicial District." [Except as otherwise provided or prescribed by law, there1 THERE shall be a separate branch of the court in each county Comprising the judi- cia1 district. p 912. Powers of courts of common pleas.

Every court of common pleas shall have Power to issue, under its judicial seal, every lawful writ and process to or to be served or enforced by system and related Person- nel as such courts have been heretofore authorized by law or usage to issue. Every judge of a court of cornmon pleas shall have all the Powers of a judge or district justice of the minor judiciary. p 913. Seats of courts.

The regular sessions of each court of Common pleas shall be held ,at the county seat of each county cpmprls- Ing the ~udlclal d~strlct and elsewhere as prescribed general rule or rule of court.

SUBCHAPTER C.

JURISDICTION O F COURTS OF COMMON PLEAS

Sec. 931. Original jurisdiction and venue. 932. Appeals from minor ludic~ary. 933. Appeals from administrative agencies. 934. Writs of certiorari.

$ 931. Original jurisdiction and venue. (a) General rule.-Except where exclusive original jur-

isdiction of an action or prucecding is hy I Iau,l S'L'ATUTE OR BY GENERAL RULE ADOPTED PURSUANT TO SECTION 503 (RELATING TO REASSIGNMENT O F MATTERS) vested in another court of this Common- wealth, the courts of common pleas shall have unlimited original jurisdiction of all actions and proceedings, including all actions and proceedings heretofore cognizable by law or usage in the courts of common pleas.

(b) Concurrent and exclusive jurisdiction.-The jurisdiction of the courts of common pleas under this section shall be exclusive except with respect to actions and proceedings concurrent jurisdiction of which is by [law] STATUTE OR BY GENERAL RULE ADOPTED PUR- SUANT TO SECTION 503 (RELATING TO REASSIGN- MENT OF MATTERS) vested in another court of this Commonwealth or in the district justices.

(c) Venue and process.-The venue of a court of common pleas concerning matters over which jurisdiction is conferred by this section shall be as prescribed by gen- era1 rule. The process of the court shall extend beyond the territorial limits of the judicial district to the extent prescribed by general rule. $ 932. Appeals from minor judiciary.

Except as otherwise prescribed by any general rule adopted pursuant to section 503 (relating to reassignment of matters), each court of common pleas shall have exclusive jurisdiction of appeals from final orders of the minor judiciary established within the judicial district. p 933. Appeals from administrative agencies.

(a) General rule.-Except as otherwise S re scribed by any general rule adopted pursuant to section 503 (relating to reassignment of matters), each court of common pleas shall have jurisdiction of appeals from final orders, of government agencles in the following cases:

judicial district by reason of one of the exceptions set forth in section 763(1) (relating to direct appeals from administrative agencies).

(2) Appeals from government agencies, except Com- monwealth agencies, under the acl r ~ f Dccrmber 2. 1968 (P. L. 1133, No. 353 , known as the "Local Agency Law," or otherwise.

(b) Awards of arbitrators.-Except as otherwise prescribed by any general rule adopted pursuant to section 503 (relating to reassignment of matters), each court of common pleas shall have jurisdiction of petitions for review of an award of arbitrators appointed in conformity with statute to arbitrate a dispute between a government agency, except a Commonwealth agency, and an employee .f such agency. ~h~ application shall be deemed an appeal from a government unit for the purposes of section 762(4) (relating to appeals from courts of common pleas) and chapter 55 to !imitation ,of, time).

(c) Concurrent and exclusive ~urlsdlctlon.-Except as otherwise provided or prescribed by [law,] STATUTE OR BY GENERAL RULE ADOPTED PURSUANT TO SEC- TION 503 (RELATING TO REASSIGNMENT OF MAT- TERS) the jurisdiction of a court of common pleas of a judiciai district under this section shall be exclusive as to a government agency which has jurisdiction only within such judicial district, and shall be concurrent with the courts of common pleas of all judicial districts in which the government agency has jurisd~ction where such agency has jurisdiction in more than one judicial district.

934. Writs of, certiorari. Unless and u n t ~ l changed by general rule, the judges of

the courts of common pleas, w~th in their respective judicial di~tricts, shall have power, in addition to the right of appeal under section 9 of Article V of the Constitution of Pennsylvania, to issue writs of certiorari to the minor judiciary.

SUBCHAPTER D

COURT DIVISIONS

Sec. 951. Court divisions. 952. Status of court divisions. 953. Administrative judges of divisions.

951. Court divisions. (a) Philadelphia County.-The Court of Common Pleas

of Philadelphia County shall have the following divisions: (!) Trial division. (2) Orphans' court division. (3) Family court division. (b) Allegheny County.-The Court of Common Pleas of

~ l l e g h e n ~ County shall have the following divisions: (,I) Ciyil division. ( 2 ) Crlminnl division. (3) Orphans' court division. (4) Family division. (c) Other separate orphans' court divisions.-The courts

of common pleas of Beaver, Berks, Bucks, Cambria, Chester, Dauphin, Delaware, Erie, Fayette, Laclrawanna, Lancaster, Lehigh, Luzerne, Montgomery, Schuylkill, Washington, Westmoreland and Ynrk ,counties shall each have a separate orphans' court divlslon.

(d) Judicial districts ,having no ,separate orphans' court division.-In each judicial d ~ s t r ~ c t hlvmg no separate orphans' court division, there shall be an orphans' court division composed of the court of common pleas of that judicial district.

(e) Change in size of divisions.-The number of judgec constituting a division may be increased or reduced by order of the governing authority. $ 952. Status of court divisions.

The divisions of a court of common pleas are administrative units composed of those judges of the rrjurt responsible for the transaction of specifiud classes of the business of the court. In a court of cnmmon pleas having two or more divisiolls each division of the court is vested with the full jurisdiction of the wholc cmlrt, bu: 1 the, kusiness of the court may be allocated amorg the dlvlslons of the court by or pursuant to general rules.

953. Admlnlstratlve judges of dlvlsions. (1) Appeals from Commonwealth agencies which may [Except as otherwise prescr)bcd by general rule or b5

be taken initially to the court of common pleas of the order of the governing authority:


SHALL ASSIST THE president judge of the court in lishcd shall, in accordance with and subject to Article V supervising and administering the business of the court of the Constitution of Pennsylvania, supplant all district and shall be responsihle to him. justiccs or the municipal court and the traffic court, as

ARTICLE D

MINOR COURTS

Chapter 11. Community and Municipal Courts 13. Traffic Courts

CHAPTER 11

COMMUNITY AND MUNICIPAL COURTS

Subchanter A. Community Courts B. Philadelphia Municipal Court C. Pittsburgh Magistrates Court

SUBCHAPTER A

COMMUNITY COURTS

the case may be, within the judicial district, except that in the fifth judicial district a community court shall not supplant the Pittshurgh Magistrates Court. Upon the exniration of the term of anv district iustice or iudee of

Sec. 1101. Community courts. 1102 Estahli~hment or discontinuance of communitv

# 1101. Community courts. ( a ) G ~ n e r a l rule.-There shall be one community court

for each judicial district of this Cornmi'nwe?lt!i xvhich bas elcctcd to establish and which has not elected to discontinue such a court in the manner provided in this suh- 2hapter. The community court shall be a court not of rerord and shall consist of a number of judgcs dctermined hv dividing the total nonulation of the iuriicial iistrict i s determined by thk -last officially rhportedl 2ecennial or spccisl Federal census by 75,000. In any iurlicial district wllcr? the aforesaid rlivision rr?sults in 1 remainder greater than 40,000, the judicial district ;hall be entitlcd to an additional communitv court Judge. In no event shall anv iudicial district haveUless than two I :omn!unity court judgs .

(b) Single county c1istricts.-In single county judicial jislrlcts the community court of the district shz!l hc inown as the "Community Court of (the respective) "unty."

(c) Multi-county districts.-In multi-county judicial jistricts the community court of the district shall LC, inown as the "Community Court of the (respective) Ju- licial District." $ 1102. Establishment or discontinllance of comnlunity

?ledion by wetitioi which ihall be in the form ui.&s~cribr;' /

which the highest number of to tes &as c a s in that judi- I :ial district at the last preceding general or municipal,

ion Code." The question shall not be plared uwon thr- 1 ,allot in a judicial- district more than orice in any five- 1 iear period. The affirmative vote of a majarity of the 1 ,lectors of the judicial district voting thereon shall be

th; municipal c r traffic couri. as the cise may he, o: the abolition of his office in the manner and at such time as is provided by section 3321 (relating to establishment of community courts), in a judicial district in which a community cnurt has been established, the matters then pending and the books, dockets and records thereof shall be transferred to the communitv ronrt which shall rletep- ~" .- ~~~ ~ ~ ~ ~ . - . -~ .-.. mine and conclude s"ch matters as if it had assumed jurisdiction in the first instance.

(c) Discontinuance.-Where the electors of a judicial rlistrict have at a primary ELECTION aw~roved the discontinuance of anexisti* community court within their iudicial district such community court and the office of the judges serving thereon shall then be abolished in the manncr and at such time as is nrovided hv s~r t ion 327.1 . ~ ~~ ~ ~~

~" ~ - - ~ . ~ - ~ ..-- (rclatina to discontinuance of communitv courts). There-

upon real property to the same extent t h i t judgment recovered in the court of common pleas is a lien. No such transcript shall he filed until after 30 days after the entry of final judgment by the community court. No execution against real estate shall issue out of the community court.

SUBCHAPTER B

PHILADELPHIA MUNICIPAL COURT Sec. 1121. Philadelphia Munioipal Court.

5786 LEGISLATIVE

1122. Seat of court. 1123. Jurisdiction and venue. 1124. Lien of judgments. 8 1121. Philadelphia Municipal Court.

The Philadelphia Municipal Court shall consist of 22 judges. § 1122. Seat of court,

The regular sessions of the Philadelphia Municipal Court shall he held at such locations within the first judicial district as may he approved by the president judge of the court in compliance with general rules. § 1123. Jurisdiction and venue.

(a) General rule.-Except as otherwise prescribed by any general rule adopted pursuant to section 503 (relating to reassignment of matters) the philadelphia Municipal Court shall have jurisdiction of [all of] the following matters:

(1) Summary offenses, except those within the jurisdiction of the Traffic Court of Philadelphia.

(2) Criminal offenses for which no prison term may be imposed or which are punishable hy imprisonment for a term of not more than five years, including indictable offenses under the motor vehicle laws. In cases under this paragraph the defendant shall have no right of trial by jury in the ,municipal court, but shall have the right of appeal for trlal de novo, including the right of trial by jury, to the court of common pleas. The judges of the municipal court exercising jurisdiction under this paragraph shall have the same jurisdiction in probation and parole arising out of sentences imposed by them as judges of the court of common pleas.

(3) Matters arising under the act of April 6, 1951 (P. L. 69, No. 20), known as "The Landlord and Tenant Act of 1951."

(4) Civil actions wherein the sum demanded does not exceed $1000, exclusive of interest and coqts, in the following classes of actions:

(i) In assumpsit. (ii) In trespass, including all forms of trespass and

trespass on the case. (iii) For fines and penalties by any government

agency. A plaintiff may waive a portion of his claim of more than $1000 so as to bring the matter within the jurisdiction of the municipal court. [but such] SUCH waiver shall he revoked automatically if the defendant appeals the final order of the municipal court. In cases under this paragraph the defendant shall have no right of trial by jury in the municipal court, hut shall have the right to appeal for trial de novo, including the right of trial by jury, to the court of common pleas, it being the purpose of this paragraph to establish an expeditious small claims procedure whereby it shall not be necessary for the litigants to obtain counsel. Judgments by confe:sion shall not be entered in the municipal court.

(5) As commissioners to preside at arraignments, f i x and accept bail, issue warrants and perform dhtics of 3 similar nature, including the jurisdiction of a cbmmit t in~ magistrate in all criminal proceedings.

(h) Concurrent and exclusive jurisdiction,-The jurisdiction of the municipal collrt under this shall br concurrent with the Court of Common Pleas of Phila- delphia County with respect to matters specifiecl in (a) (2), as to which the jurisdiction of the municipal court shall he except as otherwise

by any general rule adopted pursuant to tion 503.

(c) Venue and venue the court concerning matters over which jurisdiction is conferred by this s~c t ion shall be as prescribed by general rule. The process of the court shall extend beyond the territorial limits of the City and County of Philadelphia to the extent prescribed by general rule.

1124. Lien of judgments. Judgment recovered in the Philadelphia Municipal

Court shall be a lien upon property in the same manner and to the same extent that judgment recovered in the Court of Common Pleas of Philadelphia County is n lieu. All such judgments shall he indexed in the iudgment index or indices of Philadelphia County in the same msn- ner as judgments of the court of common pleas are indexed.


SUBCHAPTER C

PITTSBURGH MAGISTRATES COURT Sec. 1141. Pittshurgh Magistrates Court. 1142. Seat of court. 1143. Jurisdiction and venue. § 1141. ,Pittsburgh Magistrates Court.

The Pittsburgh Magistrates Court shall he a court not of record and shall consist of such a number of judges, not less than five nor more than eight, as shall he specified by ordinance of the City of Pittsburgh. The magistrates court shall be the police magistrates authorized to he continued in existence by section 21, Schedule to Article V of the Constitution of Pennsylvania adopted April 23, 1968. Judges of the Pittshurgh Magistrates Courts shall he deemed district justices for the purposes of Chapter 33 (relating to discipline, removal and retirement of judicial officers). 5 1142. Seat of Court.

The regular session? of thc Pittshurgh Magistrates Court shall he held at such locations within the City of Pittsburgh as may he designated by ordinance of the City of P~ttspufgh. 8 1143. Jurlsdlct~on and venue.

(a) General rule.-Except as otherwise prescribed by any general rule adopted pursuant to section 503 (relat- 1% to reassignment of matters) the Pittshurgh Magistrates Court shall have jurisdiction of nil of the following matters:

(1) Criminal complaints accusing any person of the commission of any felony or misdemeanor, where such felony or misdemeanor has been, committed within the corporate limits of the C ~ t y of Pittsburgh, and to issue WarfantS for the arrest of such person so accused, ad- mmister oaths and hold preliminary hearings in all such cases, and commit to jail, or bind over for trial or discharge such accused person, as the evidence produced at such hearing may warrant, The court shall have power to admlt to ball as prescribed by general rules.

(2) Arrests upon view, or upon complaint made and warrant issued, by the police of the City of Pittsburgh, of lalll persons who may be found engaged in or he charged with drunkenness, disorderly conduct, selling liquor contrary to law, maintaining a disorderly house or bawdy house, lewd, indecent or lascivious behavior on the streets or elsewhere, gambling,. creating riots or disturbances, vagrants, beggars, prostitutes, disturbers of the puhllc peace, known or reputed pickpqckets, burglars, thieves, watch stuffers, cheating, swmdhng, persons who abuse their families, and suspicious persons who can give no reasonable account of themselves, or violating any of the laws or ordinances of such city.

(3) Civil claims for the recovray or fin-s and penalties imposed by any land all ordinances1 ORDINANCE of the City of Pittsburgh, or by any land all ordinances and reg- ulationsl ORDINANCE OR REGULATION relating to housing and health administered and enforced by a county health department where a violation takes place in such city, and [all1 cases of summary conviction arising under the laws and ordinances of or applicable to such city and under the laws, ordinances, rules and regulations relating to housing and health administered and enforced by a county department of health where a violation takes place in such city, with full power to hear the said cases, administer oaths or affirmations therein, decide the same, enforce the penalty, collect the fine or commit to prison as the case may he according to the provisions of the law and ordinances applicable thereto.

(4) ~ ~ t t ~ ~ ~ the jurisdiction of the court when sitting as the ~ ~ ~ f f i ~ court of pittsburgh,

(b) venue and process.-The venue of the Pittsburgh ~ ~ ~ i ~ t ~ ~ t ~ ~ court concernillg matters which juris. diction is conferred by subsection (a) shall be as prescribed by general rule. The process of the court shall extend beyond the territorial limits of the City of Pitts- burgh to the extent prescribed by general rule.

CHAPTER 13

TRAFFIC COURTS Subchapter

A. General Provisions


~-

eular sessions of a t raff ic

B. Traffic Court of Philadelphia C. Traffic Court of Pittsburgh

SUBCHAPTER A

GENERAL PROVISIONS

such locitions within the political

by ordinance of the City of Pittsburgh or prescribed by general rule.

ARTICLE E

DISTRICT JUSTICES

court shall subdivision

he held at / for which

the court is established a< may be approved in compli- I ancc with general rules by the president judge of the court of common p!eas of the judicial district. embracing <l>rh nolitiral r~~hd~vis ion . .. ,..~ ~~- - ~ - ~ -

G 1302. Jurisdiction and venno. I

SUBCHAPTER B

TRAFFIC COURT OF PHILADELPHIA

Sec. 1321. Traffic Court of Philadelphia. 5 1321. Traffic Court nf Philadelphia.

The Traffic Court 01" Philadelphia shall be a court not of record and shall consist of six judgcs. The court is estab- lishrd for thi. City and Cr~nnty of Philadelphia. I

Chapter 15. District Justices

CHAPTER 15

DISTRICT JUSTICES

Suhchapter A. Magisterial Districts B. District Justices

SUBCHAPTER A

MAGISTERIAL DISTRICTS

Sec. 1501. Definitions. 1502. Classification of districts. 1503. Reestablishment of districts.

5 1501. Definitions. The following words and phrases when used in this

subchapter shall have, unless the context clearly indicates otherwise, the meanings given to them in this section:

"Court." The Supreme Court or the court of common pleas of each judicial district under the direction of the

except the City and County 'of ~h i l a ie lps ia : Population." The number of persons residing within a

mined by'dividing such number by the land area ex- pressed in square miles as determined in the official publication lbyl OF the Bureau of Statistics of the Depart-

" ... § 1502. Classification of districts.

(a) Second class counties.-The classes of magisterial districts in iudicial rlistrirts coextensive with counties of ihe second glass shall be determined as follows:

(1) Magisterial districts of the first class shall have n populat:on density of more than 5,000 persons per square mile and a population of not less than 65,000 persons.

(2 ) Magisterial districts of the second class shall have a population density of more than 500 persons per square mile and a population of between 22,500 and 65,000 per- "--- >",.a.

( 3 ) Magisterial districts of the third class shall have a population density of more than 200 prrsons per square mile and a population of between 12,000 and 22,600 per- FOnF.

( 4 ) Magisterial districts of the fourth class shall have a population density of more than 70 persons per square mile and a population of between 7,500 and 12,000 persons.

(5) Magisterial districts of the fifth class shall have a

mined as follows: (1) Mariisterial districts of the first class shall have a

population density of more than 1,000 persons per square trile and a population of not less than 15,000 persons.

(2) Magisterial districts of the second class shall have a oonulatinn densitv of more than 400 nersons ner souare . ~ . ~ ~~~~

mile and a population of not less than'4,000 persons.' (3) Magisterial districts of the third class shall have a

populatio% density of less than 400 persons per square mi:e and a population of not less than 4,000 persons.

(4) Magisterial districts of the fourth class shall have a oonulation densitv of less than 400 nersons oer sauare . ~. ~~ ~~ - ~ ~~

~~ ~ ~ ~ . ~ ~~

mile and a ooaulatihn of between 2.060 and 4.000 wefsons. The numb& i f magisterial iistricts of the f o u h h class within a judicial district shall not he increased. § 1503. Reestablishment of districts.


(a) General rule.-In each year following that in which the Federal decerrnial census is officially reported as required by Federal law the court shall reestablish the number, boundarici and classes of magisterial districts within each judicial district cxcept:

(1) The first judicial district. (2) Any judicial district where a community court has

been established and not discontinued. The number, houndaries and class of magisterial dis-

tricts within each judicial district may be revised from time to timc as required for the efficient administration of justice within each magisterial district.

(b) Diseontinuancc of community court.-The court upon the discontinuance of a communily court shall estah- l i ~ h the number, boundaries and rlasses qf magisterial districts within the judicial distrlct embracing such d ~ s - continued community court. Such action shall be completed prior to the first Monday of January of the odd- numbercd year next following the primary election at which the discontinuance of the community court is approved.

(c) Standards for establishment of magisterial districts. I n the c-se of a political subdivision containing within its houndaries two or more magisterial districts, the court shall divide the political suhdivision into magisterial districts as nearly equal as possible in population and area, and the court may presume that the population density of each part of a political subdivision is the same population density as for the whole political subdivision. The court in establishing the numher and houndaries of magisterial districts shall not suhd~vlde political subdivisions unless either:

(1) the political subdivision contains two or more non- cc ntiguous parts; or

(2) the political subdivision contains within its boundaries two or more magisterial districts, in , which case wards or other election riistricts of the political suhdivl- sion shall not he subdivided.

SUBCHAPTER B

DISTRICT JUSTICES

Sec. 1511. District justices. 1512. Seal. 1513. Powers of district justices. 1514. Offices. 1515. Jurisdiction and venue. 1516. Lien of judgment.

S 1511. District justices. There shall be one district justice in each magisterial

district. S 1512. Seal.

Each magisterial district shall have a seal, which shall bv in the custody of the district justice elected or appointed for such district. The official acts of the district justicc shall be authenticated therewith. There shall be engraved on the seal such inscription as may be specified by general rule. 5 1513. Powers of district justices.

Every district justice shail have power to issue every lawful process to or to be served or enforced by system and related personnel and to make such lawful orders as his official business may require. A district justice may take affidavits and acknowledgments outside his magisterial district but within this Commonwealth. 5 1514. Offices.

OIfices of district justices shall be established in compliance with standards prescribed by general rule. 5 1515. Jurisdiction and venue.

(a) Jurisdiction.-Except as otherwise prescribed by general rule adopted pursuant to section 503 (relating to recssignmcnt of matters) district justices shall, under procedllrcs prescribed by general rule, have jurisdiction of all of the following matters:

(1) Summary offenses, cxccpt those within the jurisdiction of an establishcd and open traffic court.

(2) Matters arising under the act of April 6, 1951 (P. L. 611, No. 20), known as "The Landlord and Tenant Act of 1951," whirh are stated therein to be within the jurisdiction of a justice of the peace.

(3) Civil claims wherein the sum demanded does not

exceed $1,000, exclusive of interest and costs, in the following classes of actions:

(i) In assumpsit, except cases of real contract whcre the title to real estate may be in question.

(ii) In trespass, including all forms of trespass and trespass on the case.

(iii) For fines and penalties by any government agency.

A plaintiff may waive a portion of his claim of more than $1,000 so as to bring the matter within the jurisdiction of a district justice. Such waiver shall remain effective except upon appeal by either party or w h ~ n the judgment is set aside upon certiorari.

(4) As commissioners to preside at arraignments, fix and accept bail, issue warrants and perform duties of a s im~lar nature, incl~iding the jurisrliction of a committing magistrate in 2\11 criminal proceedings.

(5) Matters jurisdiction of which is vested in district just~ces by any statute.

(b) Venue and process.-The venue of a district justice concerning matters over which jurisdiction is conferred by subsection (a) shall be as prcscribed by general rule. The process of the district justice shall cxte~ld beyond the territorial limits of the magisterial district to the extent prescribed by general rule. 5 1516. Lien of judgment.

A judgmcnt of a district justice shall not operate as a lien on real property until a transcript of the record showing a final judgment of a district justice has been filed in the manner prescribed by general rules in the office of the clerk of the court of common pleas of the county where the property is situated, or in the office of the clerk of the branch of the court of common pleas embracing such county. After such entry the judgment shall, from the date of such entry, be a lien upon real property to the same cxtent that judgment recovered in the court of comnlon pleas is a lien. No such transcript shall be filed unlil after 30 days after the entry of final judgment by the district justice. No execution against real estate shall be issued by a district justice.

SUBPART B

OTHER STRUCTURAL PROVISIONS

Chapter 17. Governance of the System 19. Administrative Office of Pennsylvania Courts 21. Judicial Boards and Commis?ions 23. [Systcm and Relaicd Personnel1 PERSONNEL OF

THE SYSTEM 25. Representation of Litigants 27. Office of the Clerk of the Court of Common Pleas

CHAPTER 17

GOVERNANCE OF THE SYSTEM

Subchapter A. General Provisions B. Specific Powers of the Governing Authority of the

System

SUBCHAPTER A

GENERAL PROVISIONS

Sec. 1701. General supervisory and administrative authority

of the Supreme Court. 1702. Rule making procedures. 5 1701. General supervisory and administrative authority

of the Supreme Court. The Suprcme Court shall exercise general supervisory

and administrative authority over the unified judicial system and in aid thereof shall have the powers specified in Subchapter B (relating to specific powers of the governing authority of the system). 5 1702. Rule maklng procedures.

(a) General rule.-Subject to the provisions of subsection (b)! the, Supreme Court and all agencies or units of the unified ludicial system WHEN exercising the power to adopt general rules or other orders in the nature of regulations pursuant to the authority of the Supreme

LEGISLATIVE JOURNAL--HOUSE


(a) General rule.-Except as provided in subsection (b), the governing authority shall exercise general supervisory and administrative authority over the personnel of the system, including the power to:

(1) Standardize the qualifications for employment, and all titles, salaries and wages of appointed personnel of the system. In establishing such standards the governing authority may:

(i) Take into consideration the location of the work and the conditions under which the service is rendered.

(ii) Establish different standards for different kinds, grades and classes of srmilar work or service.

(iii) Adopt by reference in whole or in part the then current regulations of the ~ ~ ~ ~ u t i ~ ~ 130ard promulgated under section 709(a) of the act of ~ ~ ~ i l 9, 1929 (P. L. 177, No. 175), known as ' ' ~ h ~ ~ d . ministrativc code of 1929," and the rules.

[(iv) p.dopt by reference in whole or in part the then current regulat~ons of the Civil Service commjs. sion promulgated the act of 5 , 1941 (P. L. 752. No. 286), known as the "Civil Service Act."]

(2) Approve or disapprove the establishment of scc- tions, bureaus, offices and other units within the system. to investigate duplication of work of the several administrative units ~ i + , l , i ~ the system and offices employing related personnel and the efficiency the organization and administration thereof, and to adont measures APPLICABLE TO PERSONNEL OF TFE SYS- TEM for the better coordination of the work of lsystem and related personnel.] THE UNIFIED JUDICIAL s y ~ . TEA( AND OTHER GOVERNMENT UNITS.

(3) Approve or disapprove the n,,mher and authorized positions within the personnel of the system. except such positions the compensation ~ , f is fixed by statute.

(4) A~~~~~~ or disapprove in like as the Executive Board, the payment' of t n personnel of the system who are employed at fixed compensation.

(5) Determine, from time to time, the hours when the office of the clerk and the administrative and central offices of the system shall open and close.

(6) Approve or d isa~prove extensions of leaves of absence, with pay, for personnel of the system.

(7) Promulgate rules and regulations defining the ex. penses for which the personnel of the system and mem. bers of advisory committees may bs reimburz-d.

(8) Approve or disapprove recommendations for the bonding of the personnel of the system. to fix th r amol~nts of the bonds of all such personnel requircd to give such hond, and to require any hond to be executed by a surety.

(9) Approve or disapprove the establishment of offices by any administrative unit within the personnel of thp system at any place other than the facilities specified in section 3701 (relating t o Pennsylvania Judicial Center) and section 3721 (relating to county judicial center).

(10) Regulate the employment of and the c h a r ~ e s made by official court reporters for transcript and

WHEN SUCH OFFICIAL COURT REPORTERS ARE EMPLOYED BY THE UNIFIED JUDICIAI, SYS. TEM.

[ ( l l ) Take cognizance of all such other matters as would fall within the jurisdiction of the Executive Board i f the system were an administrative department under "The Administrative Code of 11)29."]

(h) Exception.-Nothing in subsection (a) shall apply to county staff or shall affect the existing powers of the salary boards oI the several counties of this Common- wealth. $ 1725. Establishment of fees and charges.

(a) General rule.-The govrrning authority shall fix by genera! rule the filing fees for the commencement of any matter before any court or district justice and the fees which [system and related personnel] CLERKS AND OFFICERS SERVING PROCESS OR ENFORCING OR- DERS shall be entitled to collect for services performed. [and the fees and expenses to be received by jurors and witnesses.] No person shall demand or receive any fee

or charge for any service within the scope of his office or employment except as fixed or authorized hy the governing author~ty pursuant to this scction. In fixlng fces the governing authority shall be guided by the following con- siderations:

(1) The unified judicial system is established for the good order of society and the correction of injustice, and no person should have right and justice denied or delayed by reason of poverty.

(2) The numher and type of fces should be minimizcd to the end that the schedule of fees may he simple and understandable to the public and amenable to modern accounting systems and controls. , (3) Except as otherwise provided hy statute, that por-

tion of the yield of the fres payable to l.he counties should he [equivalent to1 APPROXIiiCATE TO, BUT NOT IN EXCESS OF the net revenues receivable by the coun- t i e ~ u n d t ~ r . the prior provisions of law. [(4) The fees payable to witnesses and jurors should he

fair and reasonable and adequate to encourage persons to "?Pear and serve a? surh.

(5) The crppnses of a crim'nal prosecution should bc debited to the judicial and correctional account of the county in which the offense is alleged to have been committed.

(6) The expensps of a prns~cution for vinlatinn of any ordinance of a city, borough, incorporated town or township of the first class and the expenses of any resulting confinement should be paid by the city, borough, incop- poratetl [own or township oI the first rl;?ss which ~nar tcr i Ihe n'd'nanrc..

(b) Procedlir~.-Rules adoptcd pursui~nt to si~hsection (:) shall be reported to the General Assembly by the LhieI Justice at or aftrr the !,*sinning of a regular suss~i:il thereof but not later 1.han May 1. Surli rules shall take effect upon the expiration of 90 days after they have been thus reported, or on any later date provided for therein, ~iniess the Gcneral Assemhly by the ntIi,ptri,n or a cnnrur- rent resolution during such SO-day period s ignif i~s that .such rules, or anJr part ihercof, are disapproved. The disapproval of a part of a rule shall not affect the remaindel of ths rule,

(c) Definition-As used in this srrtii;!? ''mitnr?s" in^ eludes a to llny tribunal other unit,l

(B) PROCEDURE.--1ZULF.S ADOPTED PURSUANT TO SUBSECT:ON (A) SIlrlLL TAKE EFFECT ONLY !N THE MANNER PROVIDFXI BY SECTION 503(R) (RISLATTNG TO PROCICDURES). 5 1726. Establishment of t?.xable costs.

The governing authority shall prescribe by genera rule the standar:ls ggverning th? imposition anrl taxatior of r o ~ t s , inc!uding the items which constiti~te taxablt costs, the litigants who shall hear such costs, and thf discretion vested in the courts to modify the amount an< respnnsibility for costs in sp-ciric matters. All systen an2 related pi'rsonnel shall b r bound by snch genera ru1t.s. :II priscribing such general riilt's, the gov~rninl authority shall be a i d e d by the ioilowing considera tions, among others:

( 1 ) Attorney's fees [should be1 ARE NOT an ifem o taxable costs [only if and] EXCEPT to the extent author 'zed by section 2503 (relating to right of participants t receive counsel fees).

(2) The prevailing party should recover his costs fron the ~ ins~~cress fu l litigant except whcre the:

( i ) Costs relate to the existence, possession or dis position of a fulld m d the rosts should he hornc h: the fund.

(ii) Qdestion involved is a public question o where the applicable law i? uncertain and the pur pnsr of the litigants is primarily to rlarify the law.

(iii) Application of the nile wou!d work suhstan tial injustice.

(3) The imposition of actual costs or a multiple thereo may bc used as a penalty for violation of general rult ( I r ruifs of court. $ 1.727 Budget and linancirl matters.

The governing authority shall have power to: (1) Review the triltative budget rewest of the syster

prepared by the ~42minlslrativc O!;ice purswlnt to sectio 3522 (relating to preparalion of tentative hndget reqoest


-~ -~ (1) ~ i d g e s of t h e courts of comkon pleas, conlmunity

courts and Philadelphia Municipal Court. (2) District justices.

to make such modifications therein as in its judgment are necessary or desirable, and to approve a final budget request of the system pursuant to Subchapter B of Chap- ter 35 (relating to Judicial Department budget and finance).

(2) Approve or disapprove requests for the purchase from funds appropriated to the system of goods or services by personnel of the system, including the rental of space, and requests for the construction or modification of Commonwealth facilities to be utilized by the system

(3) Members of the bar of the Supreme Court. (4) Such other conferences or associations of system

and related personnel as may he recognized by the gov-

of Pennsylvania Courts shall be deemed a reference to the Court Administrator of Pennsylvania who shall, either personally, by deputy, by other duly authorized personnel of the system, or by duly authorized agent, exercise the powers and perform the duties by statute vested in and imposed upon the Administrative Office. S 1'303. STAFF.

The Supreme Court may appoint such subordinate ad- ministrators and staff as may be necessary and proper for the prompt and proper disposition of the hirsincss of all courts and district justices. -

CHAPTER 21

JUDICIAL BOARDS AND COMMISSIONS

- - - -. . - . -- A. Judicial Inquiry and Review Board B. Judicial Qualifications Commission (Reserved) C. Jurv Selection Commissions D. n~inor Judiciary Education Board E. Boards of Viewers

crning authonty. If the governing author~tv shall aonrove the organic law I SUBCHAPTER A

" ~ ~--.. ,~- ~ ~ ..... .. . (h) changes in recognition.-The governing authority 1 2103: Org:ni%tion

nav transier recoenition from one conference or associa- 2104. Staff.

3f the-confere6e or assbciation Ksofar as it relates to matters affecting the system, the governing authority may by general rule designate the applicant as the recognized zonference or association of such group for the purposes 3f this title and anv other nrovinion of law

JUDICIAL INQUIRY AND REVIEW BOARD

Sec. ?lo!. Judicial Inquiry and Review Board. 2102. Com~osition of hoard.

.ion of a group tdanother such conference or association ~ h e n e v e r the governing authority shall find that the :Ircumstances wnrrailt sxch change and shall reroke the iesignation of any conference or association if it shall 'ind that such conference or association would not he icsignated a recognized conference or association if then nalclng application therefor.

( c ) Expenses.--The governing authority may authorize he payment of the expenses of p~rsannel of the system ncident to participation in the work of a recognized ,onierence or association and may malie grants for thc lipport of the work thereof. i 1728. Confrrcnces and institutes.

The governing authority shall have power by general 111e ar by order to provide for the organization and con- ,ening on a regular or special basis of a Judicial Cqn- erence oC Pennsylvania, institutes and joint councils on cntencing, and s ~ c h other informational and educational nnferences and institutes as the governing authority hay find to be necessary ur desirahl:: for ih" prompt, air and efficient administration of justicc. and t o rc- !uire the attendance of such [system and related person- ell PERSONNEL OF THE SYSTEM as shall be desig- ated by or pursuant to such general rules or orders. The overning authority may cooperate with other states and l e Federal Government in the convening, organization nd maintenance of conferences and institutes authorized Y this section. 1730. Boards, co~lncils, commissions ar,d cummittces. The governing authority shall have power by general

lles or by orc?cr to estahlish and discontinue hoards, >uncils. rnmm:sslons, rommittees or other hcdies corn- oscd c,F personnel of the system end other persons to msider, report or take action on any subject speziiied 1 such general nr:cs or order affecting the organization c operation of the nnified j~jdicial system and the offices ,lated tc and serving the system.

101. 102. 103. 1901 The 3urt 1902

'2105. Powers and duties. $ 2101. Judicial Inquiry and Review Board.

(a) Genera! rule.-The Judicial Inquiry and Review BoarJ shall consist of nine persons selected as provided in this suhchapter.

(h) Seal.-The Judicial Inquiry and Review Buard shall have a seal engraved with its name and such other in- scripl.ion as may he specified by general rule. A iac- sirnile or preprinted seal may be used for all purposes in lieu of the original seal. Ei 2102. Composition of hoard.

(a) General rule.--The Judicial Inquiry and Review Board shall consist of:

(1) Two judges of thc Superior Court selected by tho Supreme Court.

(2: Three judges of the courts of common pleas selected hy the Supreme Court, no two or more of such judges shall be from the same judicial district.

(3) Two nonjudge members of the bar of the Supreme Court selected by the Governor.

(4) Two nonlawyer electors selected by the Governor. (b) Terms of office.-The members of the hoard shall

serve for terms of four years, except that a member, rather than his successor, shall continue to participate in any hearing in progress at the end of his term. A vacancy on the board shall he filled by the respective ap- polnting authority for the balance of the term. The respective appointing authority may remove a member only for cause. No member shall serve more than four con- secutive years, but he may be reappointed after a lapse of one Year.

(c) Restriction on political activity.-A member of the, board may not hold office in a political party or a polltical organizatron.

(d) Compensation.-Members selected by the Gover- nor shall receive such fees or salary as shall be fixed by the governing authority. B 2103 Oreanizatinn.

CHAPTER 19

ADMINISTRATIVE OFFICE OF PENNSY1,VANJA COURTS

Court Administrator of Pennsylvania. Administrative Office of Pennsylvania Courts. C+-.ff

- --.~ .... ~~

Annually the Judicial Inquiry and Review Board shall elect a chairman and other officers of the board, who shall hold office at the pleasure of the board. The board shall act only with the concurrence of a majority of its mrrnhers.

ubm~..

. Court Administrator of Pennsylvan~a. Supreme Court shall appoint and may remove 3 Administrator of Pennsylvania.

Administrative Office of Pennsylvania Courts. iference in any statute to the Administrative Office

man of the board,-as -may be prescribed by general rule, shall appoint and may remove an executive director and such administrative staff of the hoard as may be authorized bv the eovernine authoritv. § 2105. Pbwers a n d dutss . j The Judic~al Inqulry and Rev le i Board shall exercise the powers and perform the d u t ~ e s vested in and imposed


upon the board by section 18 of Article V of the Con- stitution of Pennsylvania and Subchapter C of Chapter 33 (relating to discipline and removal by Judicial Inquiry and Review Board) and any other powers and duties vested in and imposed upon the board by law.

SUBCHAPTER B

JUDICIAL QUALIFICATIONS COMMISSION (Reserved)

SUBCHAPTER C

JURY SELECTION COMMISSIONS Sec. 2121. Jury selection commissions. 2122. Composition of jury selection commissions. 2123. Staff. 2124. Powers and duties. 5 2121. Jury selection commissions.

(a) General rule.-The jury selection commission in each county of this Commonwealth shall consist of three or more persons selected as prov~ded in thls subchapter or as provided by home rule charter.

(b) Home rule charter counties.-The provisions of this subchapter shall he subject to any inconsistent provls~ons of any home rule charter. 5 2122. Composition of jury selection commissions.

(a) General rule.-Except in the first judicial district, the jury selection commission shall consist of two jury commissioners elected as provided in this section and a judge of the court of common pleas of the judi- cia1 district embrac~ng ,the q o u n t ~ designated from time to time by the president judge of Such court. The judge so designated shall be the chairman of the commission.

(b) Election of commissioners.-The commissioners shall be elected as provided in this subsection and, to the extent not inconsistent with this subsection, as provided by the act of July 28, 1953 (P. L. 723, NO. 230)s known as the "Second Class County Code" and the act of August 9, 1'355 (P. L. 323, No. 130). known as "The County Code," as the case may be, and the act of June 3, 1937 (P. L. 1333, No. 320), known as the "Pennsylvania Election Code." Any jury commissioner shall he eligible for reelection for any number of terms. The two persons elected as jury commissioners shall not he of the same political party. Th candidate for the office who receives the highest number of votes shall be one of the jury com- sioners, and the other shall be that candidate not being of the same political party as the first who receives the next highest number of votes.

(c) Filling of vacancy.-In case of the inability of a jury commissioner, by sickness, death, or other unavoidable cause, to discharge the duties of his office, or in case of neglect or refusal to serve, the president judge of the court of common pleas of the judicial district shall appoint a suitable person to perform the duties of the offlce during the period of mability.

(d) Philadelphia.-In the first judicial district the jury selection commission shall consist of the sheriff and [two or more judges] TIlE JUDGES of the Court of Comm0.n Pleas of Philadelphia County. [designated by the Presl- dent Judge of such court.]

( e ) Quorum.-A jury selection commission may act by any two of its members. B 2123. Staff.

The jury sel~ctinn cirn~rnissioi~ shall appoint and may remove c. clrrlr and such administrative staff of the cam- mnsion as may be authorized pursuant to law. 5 2124. Powers and duties.

~ , ~ ~ h jury commission shall exercise the powers ar,d perform the duties vested in imposed upon such commi5sions by Subchapter B chapter 45

to selection custody of jurors) and any other powers and duties vested in and imposed upon such cirmmissions by law.

SUBCHAPTER D

MINOR .JUDTCIARY EDUCATION BOAED

Sec. 2131. Minor Judiciary Education Board. I

2132. Composition of board. 2133. Organization. 2134. Staff. 2135. Powers and duties. 5 2131. minor .Judiciary Education Board.

(a) Genersl rule.-The Minor Judiciary Education Board shall consist of seven members selected as prp- vided in this subchapter.

(b) Seal.-The Minor Judiciary Education Board shall have a seal engraved with its name and such other inscription as may be specified by general rule. A facsimile or preprinted seal may be used for all purposes in lieu of the original seal. B 2132. Composition of board.

(a) General rule.-The Minor Judiciary Education Board shall consist of the following appointed by the Governor with the consent of [two-thirds] A MAJORITY of the members elected to the Senate:

(1) Three persons who shall be judges of the Pitts- burgh Magistrates Court or the Traffic Court of Phila- delphia or district justices.

(2) ~ h r c e members of the bar of the Suprcn~e Ca:irt. (3 ) One lay elector. (b ) Terlns of office.----The members of the board shall

for terms of five and until a has bum appointed and qualiiied. A vacancy on the board shall he filled for the balance o: ihe term.

( c ) ~ ~ ~ p e n s a t ; o n . - M e m b e r ~ of the bccrd shall re- fees or sa]~.ry as shall he fired hy the

authority IN THE MANNER PROVTDED BY SEC- TiON 5 0 3 ( ~ ) (RELAT1,NG TO PROCEDURE). 3 2133. Organization.

Annually the Minor Judiciary Education B:,ard shall elect a &airman and other officers of thc hoard, wbc shall hold office at the pleasure of the board., The board

act only with the concurrence of a majority of its

r, 2134, s taff . The [Department of Education] ADMINISTRATIVE

OFFICE provide such staff assistance as the Mino, Judiciary Education Board may require. g 2135. Powers and duties.

The Minor Judiciary Education Board sh:1ll exercisr the powers and perform the dlitics vested in and imoosec upon the board by Suhcbnpter R of Chaptcr 31 (relatint to nnalifications of certain minor ludiciiiry) and anJ other powers and duties vested in and imposcd upon t h ~ board by law.

SUBCHAPTER E

BOARDS OF VIEWERS

S ~ C . 2?41. Boards of viewers. 2j.42. Composition of boards. 2143. Staff. 214L Powers and duties. 8 2141. Boards of viewers.

Th? hoards of viewers in each county of this Common wealth >hall ,consist of three or more persons selectel as provlded In this suhohapter. 5 2142. Composltlon of boards. ,

(a), General rule.-Th: court of common pleas of th jrldlclnl district embracing the county shall appoint t the board of viewers of the county such a number of per SOILS as shall be necessary for the proper performance c the duties imposed upon the board., At least one-thir oi the memh2r.i of the board oP rlewers shall be at tonlu~s-at-law and each member shall he a resident c the county unless the court is unable to complete th !nemhership of the board from residents of the count! :n which went the court may appoint residrnts of ad jzceni counties. I11 the City and County of Philadelphi the board of viewers may be appointed from among th Board of Revision of Taxcs. Additional qualificatior for membership on hoards of viewers may be estahlishe by general rule o r rule of court.

(b) Terms of office.-The members of hoards of view ers shall serve for a term of not less than three nor mor than six years, as stated in the appointment, whethe such appointment is for an original or partly expire term. N1 appointments shall be subject to tile power <


the court of common pleas to remove members of the or in any matter in violation of any general rule relating board without cause and to appoint successors. to the practice of law or the conduct of courts, district S 2.143 Stsf f justices and oificcrs servine nrocess or rnforcing orders - - . -. .- . - - - .

Each hoard of viewers shall be provided with such staff as may be necessary. S 2144. Powers and duties.

Each board of viewers shall exercise the powers and perform the duties vested in and imposed upon such boards by law.

~ - - . hf courts.

-

(b) Law clerks.--Except, as otherwise prescribed by gc:leml rules, a law clerk serving on the persi:nal stafi of a judge of a court of common pleas may appear in such court as an attorney-at-law before other judges, of such cniirt notwithstanding the provisions of sr~hscctlon

CHAPTER 23

[SYSTEM AND RELATED PERSONNEL] PERSONNEL OF THE SYSTEM

Sec. 2301. Appointm?nt of personnel. 2302. hluliiintenance a i adequate county staff. [2303. Powers of system and related personnel.] 4 2301, Appointment of personnel.

(a ) ~~~~~~l ~ ~ l ~ . - . ~ ~ b j ~ ~ t to any inconsistent gen. eral rules or cother inconsistent provisions of law] STAT- UTORY PROVISIONS each:

(1) Judge and district justice may appoillt and fix the riuties of necessary personal staff.

(2) Court may appoint and fix the compensation and duties of necessary administrative staff and fix the compensation of personal staff.

(3) O'cher agency or unit of the unified judicial system may appoint and fix the compensation and duties of necessary central staff and personal staff.

(h) Oath of office.-Each member of a judicial ho3i.d or crxnmission and each othcr person who is aupointcd to an office shall, before entering upon the duties of his office, take and subscribe the oath or affirmation specified in section 3151 (relating to oath of office).

(c) County staff unaffected.-The provisions of sub- jection (a) are intended solely to codify and ccinsolidatr rormer statotcry provisions on the same subject and lothing in such subsection shall be coilstrued to limit, nodiiy or deny the existing powers or prerogatives of tounty staff or other officers, other than judges, elected zy the electorate of a county, to appoint and to fix the -rasonable compensation of such classes of personnel as ;uch county officers have heretofore been authorized to lo by law. i 2302. Maintenance of adequate county staCI.

Whenevcr necessary, it shall be the duty of county of- i ~ ~ : r s to appoint or detail such county staff as sll,qll .nahle the judges of tho courts embracing the county to :r,perly transact the business before their respective ~ourts. S 2303. Powers of system and re1a:i.d personnel. Systcm and related personnel shall have such powers,

ncluding the power to issue subpoenas, as may be pro- -i:ted or prescribed by law or ilrdei of court.]

CHAPTER 23

REPRESENTATION OF LITIGANTS

:ubchapter A. General Provisions B. Attorneys and Counsellors

SUBCHAPTER A

GENERAL PROVISIONS

CC. 531. Appearance in person or by counsel. 502. Certain persons not to appear as counsel. 0 Eli~ht of participants to receive counsel fecs. :'sol. Appearance in person or by counsel. (a) Civil matters.-In all civil matters before any

.ibuna? every litigant shall have a right to be heard, by imself and ::is counsel, or by either of them. (b) Criminal matters.-In all criminal pros?cutions the

:cused has a right to be heard by himsclf and his cou~r- :I. 2602. Certain persons not to appear as counsel. (a) General rule.-No attorney-at-law who is a mem-

21. of the staff of a court shall appear as counsel in such n r t and no attorney-at-law shall appear in any court

(a) . $ 2503. Right of participants to receive counscl {ees.

The following participants shall he entitled to a reasonable counsel fee as par1 of the taxable costs III thc matter:

(1) The holder of t~onds of a private corporation who succe;sfully recovers rille and unpaid interest, the liability for the payment of which was denied by the corporation.

(?) i'i garnishee who cnters an appearance in a matter wli~ch 1s discontinued prior to answer filed.

(3) A garnishee who is found to have in his possession or control no indebtedness due t o or other property of the debtor except such, if any, as has been admitted by answer filed.

( 4 ) A possessor of property claimed by two or more other persons, if the possessor interpleads the rival claimants, disclaims all interest in the property and disposes of the property as the court may direct. , (5) The ,preralling party in an interpleader proceeding 111 connection with execution upon a judgment.

( 6 ) Any particillant who is awarded counse! fees as a sanction AGAINST ANOTHER PARTICIPANT for violation of ny general rule [or rule of court or] WHICH EX- PRESSLY PRESCRIBES THE AWARD OF COUNSEL FEES AS A SANCTION for dilatory, obdurate or vexa- tious conduct during the pendency of any matter.

(7) ANY I'ARTICIPANT \TrI1O IS AWARDED COUN- SXL FEES AS A SANCTION AGAINST ANOTHER PAR- TICIPANT FOR DILATORY, OBDURATE OR VZXA.- TIOUS CONDUCT DUltiNG TIlE PXNDENCY OF A MATTER.

[ ( I ) ] (8) Any pufticipant who, is awarded couns~ l fees out of a fund within the ~urlsdlction of the court pursuant to any general rule relating to an award of counsel fees from a fund within the jurisdiction of the court.

[(8)1 (9) Any participant who is awarded counsel fees because the conduct of another party in commencing the mdtter or otherwise was arbitrary, vexatio~ls or in had faith.

[(9)1 (10) Any other participant in such circumstances as may be specified by statute HERETOFORE OR HERE- AYI'bR ENACTED.

SUBCHAPTER B

ATTORNEYS AND COUNSELLORS

Sec. , - c , 23'1. Office of attorney-at-law. 2522. Oath of office. 2523. Persons specially admitted by local rules. 2624. Penalty lor unauthorized practice of law. 2525. Unauthorized solicitallon prohibited. $ 2521. Office of attorney-at-law.

Persons admitted to the bar of the courts o[ this Com- monwealth and to practice law pursuaiit to general rules shall thereby hold the office of attorney-at-law. 5 252%. Oath of office.

B:.Cori. cntcring upon the duties of his offict~. each attorney-at-law shall take and subscribe the following oath or affirmation hefore a person authorized to ad- ministcr oaths:

' I do solcmnly swex (or affirm) that I will support, ohry a:>d defend the Constitution oi tiic United States and the Constitution oC this Commonwealth and that I wil! dischargf the duties of my oflice with fidelity, as well to the court as to the client, that I will use no false- hocd, nor dclny the came oi any pLrsi,n For lucre or malice." Any person rcfuslng to take the oath or affirmation shall forfeit his office. 5 2323. Persons specially admitted by local rules.

Any person specially admitted to practice law on or


before April 23, 1968 may continue to practice in the court of common pleas or in that division of the court of common pleas and the Philadelphia Municipal Court which substantially includes the practice for which such person was previously specially admitted. 5 2524. Penalty for unauthorized practice of law.

Any person who within this Commonwealth shall practice law, or who shall hold himself out to the ~ u b l i c as being entitled to practice law, or use or advertise the title of lawyer, attarney-at-law, attorney and counsellor- at-law, counsellor, or thc equivalent in any language, in such a manner as to convey the impression that he is a practitioner of the law of any jurisdiction, without being aa attorney-at-law or a corporation complying with the act of July 9, 1070 (P. L. 461, No. 160), known as the "Professional Cor~oration Law." commits a misdemeanor

chapter shall not be valid for any purpose until filed in the Administrative Office. The Administrative Office shall cause all such orders to be published in the Pennsyl- vania Code. $ 2704. Responsibility for entry, maintenance and cer-

tification of data. The prothonotary, clerk of the courts and clerk of the

orphans' court division shall be responsible for the accurate and timely creation, maintenance and certification of the rccord of matters pending before or determined by the courts of common pleas and the I'hiladelphia Muni- cipal Court, including data and reports relating thereto.

SUBCKAPTER B

PEOTHONOTARIES


cept as otherwise provided by statute or home rule charter or optional plan of government, may fix the compensation and dutics of thc! staff of thc office of the prothonotary. Where thr compensation o; the staff of the <,?ice of the pri>thonotary is fixed hy a county salary brmrd, ill;: prothonotary shall be a mcmhrr <:f the salary hoard Cor such pirrposc. 6 2,736. Matters ar documcnts filed in !he office of the

prothonotary. .ill matters or doc~~ments required or authol.izetl to be

filed in thr: office of t i e clerk of the court of common pleas shall be filed in the office of the prothonotary rsc::pt:

( Matters or docunlents specified in section 2756 (I.,-lating to matters or documents filed in the office of the cler:i of the collrts).

( 2 ) Matters or documents speciiird in section 2776 (rclating to njatters ilr documents fi!ed in thc office ol i;ic cierir of the orplinns' court divisi<;u). $ ?731. Powers and duties of the office of the pro-

thonotary. The office of the prothonotary shall have the power

and duty to: ( I ) , Administer oaths and afrirmations and take ac-

7.. , . ~ ~ o w ~ r d g m ~ m t s p u r s u a ~ ~ t to section 327 (rclating to oaths n::d acknrnvledgrnents), hilt shall not be compelled to do cci in any matters not pertaining to the proper business of the office.

( 2 ) Af:ir aild attrst the seal of t11e rourt or courts to -!I the process tkerc:~f ,and to the certification!; and exem- ,>Ijfic?tions of ail documents zn<l records pertaining to iire oClice of the lirothonotary and the b,isineqs of the :ourt 01. c::i~rts of which it is the prothonotary.

( 3 ) 4:ntcl. all civi' judrimcnts. (4) Enter all satisfactions of civil judgments. (5) Ext.r-ise the aut:lority of the pruthonotary as an

~ff icer of the court. ( 6 ) E , rcrc :~e such other p:,wers and perform such other

!ul.irs as m:ry now or h<areafter be vestcd in or imposer1 I ~ , J I ~ the ~ifi'ii:e by in~v. hom? rule chi~rter, ~ r d e r or rulc it court, or ordin;i~:c of a county governed by a home .ule charter or optii~nal plan oE government. i 2738. Criminal, iirclbatc, estates and fiduciary matters.

(a) Genrrrrl rule.--The pcr~onna! of the oifice of thc ir.othan,,tary shall exercise the powers and perform the 1:ities vested in cr i ~ p c w d upon the oflice or the clerk ,E tle c:i::rt o i common plcas by:

(1) Subchapter (C) (relating Lo clcrks of the courts) rherc zuc? s;parate clerlr of the courts is ~ ~ u t h ~ r i ~ ~ d for !ii! cutunty. ('I) Subchapter D (relating in clcrks of court

lirrisions), where no separate clerk of the orphans3 court :ii.ision 1s authorized for the county.

(h) Criminal matters.-Except as provided in subsec. i:,r. (a) (11, the oCfice of the jirolhonotary shall not exer. iso th- powers and perform th;. duties of the office o f he clerk of the courts.

( c ' Probate, 2stntcs and fiduciary r n a t t ~ r s , - - E x c ~ ~ t as trcvided in subsection ( a ) (2 ) , the office of the prothono. 18.y shall uot exercise the po\vers and perCorin the duties i llhe ::ffir:e of the clerk of thc orp!lans' court division,

SUBCI.IAPTER C

CLERKS OF THE COURTS

cc. 751. Clerk of the caurts. 7 5 2 Selection of clerli of the courts. 753. Senl. 754. Officc of the clerlc of the cour!s. 755. Staff. 756. Matters or doc~~ments filed in the office oC the

clerk of thc courts. 757. Powcrs and duties of the office of the clerk of

the co~irts. ~ 7 5 1 , Clerk oT the courts. (a) Gencral rule.-The clerk of the courts of each

falih thcre shall be n clerlr of the courts for the court : c?mmon pleas who shall be known as the "Clerk of li i , Courts of ( the respective) County." ( 0 ) M~lti-county judicial districts.-In multi-county

judicial districts the clerk of the courts shall be the clerk of the coarts of the branch of the court of common ljlcas estlihlished for the county.

(c) Philadelphia.--In the first judicial district there 3h2ll he a clcrk of the courts for the Court of Common I'leas of Philadelphia County and the Philadelphia Muni- cipal Cunrt, who shall be known as the "Clerk of Quarter Sessions of I'hiladelphia." $ 21S2. Selection of clerk of the courts.

(a) General rule.-The clerk of the courts of each county shall be selected, and may be removed, in the manner provided by the act of July 28, 1953 (P. L. 723, No. ZSO), linown as the "Second Class County Code" or the act of August 9, 1955 (P. L. 323, No. 130), known as "The Cnunty Code," as the case may be. The office shall be combined with another county office when so provided by statute.

(h) I'11iladelphia.-The Clerk of Quarter S F S S ~ O ~ ~ S of Philadelphia shall be selccted, and may be removed, in thc manner provided by statute or home rule charter. S 2753. Seal.

The clerk of the courts shall havc custody of a counter- part of the seal of the court or courts lor which he is the clerk of the courts. $ 2754. Office of the clerk of the courts.

(a) General rule.--~'l'hcre shall be an office of thc clerk of the courts in each county of this Commonwealth, which shall he [the office of the clerk of the courts of the county. I t shall be] supervised by the clerk of the courts of the connty who shall, either personally, by deputy, or by other duly authorized employees or agents of the officc. exerci!;e the powers and pcrlorm the duties by law vested in and imposed upon the clerk of the courts or the office of the clerk of the courts.

(b) Facilities and services.-The ofrice of the clerk of the courts shall be provided with rll ncccssary accom- m!:dntions, goods and scrvices lil;rsuant to se:.tion 3722 (re!ating ti) general facilities and services f?:rnishcd by ro~lnty). S 2755. Staff.

(a) General rule.-The clerlc of the courts may appoint and remo\,e ssch deputies and other administrative staff oi the uffice of the clerk of the courts as may be neccssary.

(b) Solicitor.-The clerk of the courts may appoint and remove a solicitor, who shall he a member of the bar of tile Sxpreme Court. The solicitor shall advise upon all leg31 matters that may be submitted by the clerk oC the c o v t s to him, and shall conduct any litigation when re- qulred to do so by the clerk of the courts.

( c ) Compensation and duties.-The clerk of the cuurts, 'xccpt as otherwise provided by statute or home rule charter or optional plan of government, may fix the c~mpmsal io l l and duties of the stafl of the office of thn c:erlc of the conrts. Where the compensation of thc staff 0; the office of the clcrk of the courts is fixed by a eounty salary hoard, the clerk of the courts shall be a member of the salary board for sush purpose. $ 2756. Matters or documents filed in the office of the

clerlr of the courts. ( a ) Gencral rule.--fill applications for relief or other

documents relating to the following matters shall be filcd in or transferred to the office of the clerk of thc courts:

(1) Criminal matters including all related motions and filings.

( 2 ) Road, liquor, municipal and other miscellaneous civil mattcrs formerly within the jurisdiction of the Courts of Oycr and Terminer, General Jail Delivery, and Quarter Sessions of the Peace.

( 3 ) Other matters to the extent provided by law or the 1ccal ordinance or resolution creating or recognizing the cause of action.

(b) E:~:ceptions.- ( I ) Subsection (a) (2) and (3) shall not he al~plicahle

in :he fifth judicial district. (2) '<he clcrk of the courts of any county may fi!e in

the office of the prothonotary of the county and in the Adminis1r:~tive Office a written waivcr of all or any part oi subsection ( a ) (2 ) and (31, whcru~ipon the provisions so waived shall not bc ap:,?icable in thc. county. $ 2737. Powers and duties of the office of the clerk of

the courts.

LEGISLATIVE JOURNAL-HOUSE June 29,

The office of the clerk of the courts shall have the nower and dutv to:

(1) Administer oaths and affirmations and take ac- knowledgmt-nts pursuant to section 327 (relating to oaths and acknowledgments), but shall not be compellfd to do so in any matter not pertaining to the proper business of the office.

3 Enter a l l criminal iudcments . . .. - (4) Exercisz the authority of the clerk o i the courts as

an officer of the court. (5) Exercise such cther powers and perform such other

dutles as may now or hereaiter be veslcd in or imposed upon the office by law, home rule charter, order or rule of court, or ordinance of a county governed by a home rule charter cr optional plan of government.

SUBCHAPTER D

CLERKS OF ORPIIANS' COURT DiVISIONS

Sec. 2771. Clerk of the orphans' court division. 2772. Selection of clerk of the orphans' court division. 2773. Seal. 2774. Office of the clerk of the orwhans' court divisicn. 2775. Staff. 2776. Matters or documents Filed in the office of the

clerk of the orphans' court division. 2777. Power:; and duties of the office of the clerk of

the orphans' court division. $ 2771. Clerk of the orphans' court division.

fa) General rule.-In each countv of this Common- , ~~, -

wealth there^^-shall be one clerk o< the &ha&' court division. who shall be known as the "Clerk of the Or- phans' Conrt Division of the Court of Common Pleas of

county. 6 2772. Selection of clerk of the orphans' reuvt division.

(a) General rule-The clerk of the orphel~s' court division of each county shall be selected, and may bc removed, in tile manner provided by the act of July 28, 3953 (P. L. 723, No. 230), known as the "Second Class Couiltv Code-.'' or the act of Aueust 9. 1955 (P. L. 333. ~- ~ ~~

I$o. 13hj, kn&n as "The couoty"~ode," as thc case may be. The office shall hc combined will1 anlthcr countv office when so provided by statute.

(b) Philadelphia.-The Register of Wills of Philadei- phia s h ~ l l serve ex afficio as Clerk of the Orphans' Court Division of the Court u i Common Pleas r:f Philadelphia Cnuntv.

1 awuoint and remove snch dewties and other administra- 1 6 e staff of the office as miy be necessary.

[ (b ) Solicitor.-The clerk of the orphans' court division. with the consent and approval of the court, may appoint and remove a solicitor, who shall be a member of the bar of the Supreme Court. The solifitor shall advise upon all legal matters that may be submitted by the clerk of the orphans' court division to him, and shall conduct any litigation when required to do so by the clerk of the orphans' court division.]

[ ( c ) ] (B) Compensation and duties.--The clerk of the orphans' court division, cxcept as otherwise provided hy statute or home rulri charter or optional plan of govem- ment, may fix the compensation and duties of the staff a: thc office of the clerk of the orplians' court division. Whcre the compensation of the staff of the office of thc clerk of the orphans' court division is fixed by a county salary hoard, the clerk of the orphans' court division shall he a member of the salary board for snch purpose. S 2776. Matters or documents filed in the office of the ~ -

clerk of the orphans' court division. All matters to be heard or determined in the orphans'

court division of a court of common pleas shall be filed in or transferred to the oifice of the clerk of the orphans' court division. $ 2777. Pow-crs and duties of the office of the clerk of

the orphans' rourt division. The office of the clerk of the ornhans' court division

shall have the power and duty to:. ( I ) Administer oaths and affirmations and take ac-

knowlcdgments pursuant to section 327 (relating to oaths and acknowledgments), but shall not be compelled to dc so in any matter not pertaining to the proper businesr of the office.

(2) Affix and attest the seal of the court to all the process thereof and to the certifications and exemplifications of all documents and records pertaining to the office of the clerk of the orphans' court di.iieion and the business of the division.

(3). Enter all orders of the rourt determined in thc ihvislon.

(4) Enter all satisfactions of jud!?ments entered in thi . - office.

(5) Exercise the authority of the clerk of the orphans court division as an officer of the court.

(6) Extrcisc such other powers and perform such o the~ duties ss nlny now or hereafter be veslcd in or imposer upon the oliice by law, home rule charter, order or ruli ( i f court. nr ordinance of a countv eoverncd h r a homr ~, .. I r i l c i h a r t e r , or optional plan of ioyernment. "

I PART 111

I SELECTION, RETENTION AND REMOVAL O F JUDICIAL OFFICERS

Chapter 31. Selection and Retention of Judicial Officers 33. Discipline, Removal and Retirement of Judicia

Officers

1976. LEGISLA'TIVE J O U R N A L H O U S E 5797

LEGISLATIVE JQURNAG--HOUSE

the term of office of the judge, to determine only the question whether he shall be retained in office. (C) Resuits of election-If a majority is against re-

tentlon, a vacancy shall exist upan the expiration of his term of office, ta be filled by appointment under section 3132(a) (relating to vacancies in oflice). If a majority favors retcntron, the judge shall serve for the regular term of office provided for in section 3152 (relating to tenure of judicial officers), unless sooner removed or retired. At the expiration of each term a judge shall he eligible frjr retention as provided in this section, subject only to the retirement provisions of this part. 8 3154. Compensation OF judicial officers.

(i!) Judges and district justices.-Jl!dgcs and district just~ces shall be compensated in the amount fixed by or pursuant to str~tute out of funds appropriated to the nni- fie2 judicial system. Their compensation shall not be diminishpd during their terms of office, unlcss by law applying generally to all salaried officers of the Com- r.onwealth.

(h) Appointive judicial officers.-Except :,s otherwise expressly provided by statute:

(1) The compensation of appointive judicial officers whose compensation has her r to fo~e by law been tixed by the county salary boarc!, by the county staff or by other officers, other than judges, elected by the electorate of a county, shall continue to be fixed in the same manner and by the same authority.

(2) The compensalion of all other appointive judicial officers shall, except as otherwise prescribed by the.governing authority, be fixed by the appointing authority.

CHAPTER 33

DISCIPLINE, REMOVAL AND RFTIlZELlENT OF JUDICIAL OFFICERS

Subchapter A. Standards of conduct B. Establishment and Discontinuance of Courts C. Discipline and Removal by Judicial Inililiry and

Rcvicw Board D. Retirement

SUBCIIAPTER A

STANDARDS OF CONDUCT

jec. 3301. Constitutional restrictions. 1302. Additional restrictions. 1303. Additional compensation prohibited. 1304. .4cting as collectlon agent or paid arbitrator

hibiled. 1705. Automatic rernoral upon or disbarment, 1306. Automatic removal u1)on nonjudicial candidacy. :307, ~ ~ t ~ ~ ~ t i ~ suspcnsian of judicial under

impeachment. : 3301. Constitutional restrictions.

Judges shall devote full time to their judicial duties, ~ n d shall not engage in the practice of law, hold office ri a political party or political organization, or hold an ifice or position of proiit in the government of the Jnited States, the Commonwealth or any municipal cur- oration or political subdivision thereof, except in thc rined service of United States or Commonwealth, 3302. Addition;ll restrictions. Judges shall not engage in any activity prohibited by

l is suhchap!er or any other provisinn of law and shall ot vio!ate any canon of ethics nrescribed by general ule. Distrizt justices and appointive judicial officers hall be glverned by rules or canons pr~scribed by gen- ral rule.

act as agent for a person in the collection of a claim or judgment for money.

(b) Arbitrator.-No judge u r district justice shall receive any fee or emolument for performing the duties of an arbitrator. \' 3305. Automatic removal upon conviction or disbar-

ment. A judge or district justice corlvicted of misbehavior in

office by a court, disbarred as a member of the bar of the Supreme Court or removed under Subchapter C (relating to discipline and removal by Judicial 1nquii.y and Review Board) shrll farfeit automaticaliy his judl- cia1 orlice and thereafter he ineligible for Judicial office. $ 3306. Automatic removal upon nonjudicial candidacj..

A judge who shall file for nomination for or elcction to zny public office rather than a judicial office shall forfeit automatically his judicial office. 5 3307. Automatic suspension of judicial officer under

impeachment. No judge or district justice against whom impeachment

proceedings are pending in the Senate shall exercise any of the duties of his office until he shall have been acquitted.

SUBCHAPTER B

ESTABLISHMENT AND ZlISCONTINUANCE OF COURTS

Sec. 3321. Establishment of community courts. 3322. Discontinuance of commuiiily courts. g 3321. Establishment of cumrnirnity courts.

(a; General rule.-In a judicial district which estab- lishes a community court, a person serving as a district j~istlre at such time:

( I ) may complete his term exer~ising the jurisdiction provided or prescribed by law and with the compensation provided by or pursuant to statute; and

(2 ) upan completion of his term, his office is abolished and no judicial function of the kind theretofore exercised by a district justice shall be other thsn by the community court.

(b) Philadelphia.-If a community court is established in the City and County of Philadelphia:

(1) The judges of the Philadelphia NIunicipal Court shell become judges of the Community Court of Phila- delphia County and their tenure shall not be otherwise affected.

(2) 'The office of judge of the Traffic Court of Phila- dclphia is abolished effective upon the establishment of tile coinm~ln~ty court.

(3) No jurisdiction of the kind theretofore exercised exclusively by the mu~licil~al and traffic courts shall thereafter be exercised other than by the community court. 4 3322. Discontinuance of community courts.

(a) Gcner-l rule.-In a judicial district which discon- tinues a colnmunity court, a person serving as a judge oi the community court at such time:

may conlplete his term fsFrcising jurisdiction or prescribed by law and ,,,,ith the

provided by or pursuant to and (,) his office is

and ,lo judicial function of the liind exercised by the community court shall thereafter be exercised othcr than by the court of common pleas and the district justices of the judicial district.

(b) ~hi!adelph~a.-If the Cammvnity Cou-t of Phila- delplria County is discontinued the judges r ~ f that court shall become judges of the Philade!phia Municipal Court and their tenure shall not be othc~wise afrectcd.

SUBCHAPTER C 3303. Additional compensation prohibited. No judicial officer shall be pair! or accept for the per-

xmance of any judicial duty or for any service con- ected with his office, any fee, cr.olumcnt or pcrquisiti: ther than the salary and exllenses provided or prescrib- d by law. 3304. Acting as collection agent or paid arbitrator

prohibited.

DiSCIPLINE AND REMOVAL BY JUDICIAL INQUIRY AND REVIEV.' BOARD

set, :<:j31. power of discipline or removal. 333.2. Investigation and hearing. 3333. Rccornmendation to and action by Supreme Court. 3334. Proceedings confidential.

(a) Collection agent.-No judge or district justice shall g 3331. Power of discipline or removal.

1976. LEGISLATIVE J O U R N A k H O U S E 5801

tained pursusnt to this part, defining for accounting purposes terms not otherwise defined, used in this part in connection with judicial and [correctionall RELATED accounts, specifying the time and manner of making re- mittnnrei: and disbursements of monevs under this Dart ...~ ~

by cqunty staff and fixing bonding rerll!irtxments of ciun- tv staff handline monevs which are subject to this part. ~~~ - ~~~~ ~

fi; 3503. penalties. Any persorl who f?ils to remit any fines, penalties, for-

feitures. fees, cash or other moneys received by him within the time and in the manner specified by regulations promulgated pursuant to section 3502 (relating to financial regulations) or any person who wilfully violates any such regulations commits a misdemeanor of the third degree.

SUBCHAPTERB

JUDICIAL DEPARTMENT BUDGET AND FINANCE

Development of hudget information. preparation of tcntativc budget request. Adoption of final budget request. Form of Judicial Department appropriation. List of employees to be furnished. Rplense of iunds. Estimlltes of currcnt expenditures by Administra- tive Oflice. Fiscal period. Audits of affairs of unified judicial system. Preoaration of requisitions.

5 3521. Development of budget information. !n) (;mrl.o! rii!c.--Thr i \~lmin~stralivu Orlicc shall annu-

ally obtain and prcpare inforration :or the prcpamtion or i~ budzct for the Judici~ll D:,partmunt within such time

~ - ~ ~ ~- ~

agrncies or units of thc unilicd judicial syitem, the Di- rectcr of F:nnnce ol the City and County of Philadpl- phia, thc county controllers and county auditors of other counties of th's Commonwealth, and tile Treasurer of the City of P~ttsburgh the propcr blanks necessary for the nrrn:lrnt.ion of the budeel, rst.irnates. with a rcauest thatLsu;h blanirs bc rvturn&d w,th the informat~on' desired, not later than a datc specified by the Administra- tive Olficr. Such blanks shall be in such form as shall be prescribed by the Administrative Office to procure, as to lii~dicisl and correctional functions,l FU3iCTIONS TO BE FUNDED IN WKOLF: OR IN PAR'? T'IIROUGH AFPftOPRIATIONS TIilZOUGX TIlE BUDGET OF TIIE JlJI)TCTAI, DRPAItTILIENT, ar?y or all inlr:rmi~ticn pertaining to the rcvenucs and cxpcnditur?~ for th? prcced- !nq fiscal years, and for the current fiscal year, the prrr io i~s appropriatinns mar'e by the Gcnvr::! Assembly, the espenditurcs therefrom, encumbrances thereon, the amount unencumbered and unexpended. nn i t ~ i n i ~ e d ezli- mate of the revcnues and expenditures of the current fiscal year, and for the succeeding year, and an cstimate of the revenues and amonnts needed for [judicial and car- rectionall SUCII functions. Such hlan!is shall also request the budget respondent to accompany them with a statement in writing, giving the facts, and an e:;pianation of and masons for the estlm::tes of receipts and expen;lil!ires for the succeeding year contained upon the hlanks returned. ~ ~

(b) Duty to respond.--It shall he the duty of each budget respondent to comply, not later than the date inrr'fird hv the Administrative Office. with anv and all ..~.~.~ --... reoursts &"a.de b v the AdministrativeOffice iri connec- lion with the budget.

(c) Additional information.-The Administrative Of- Eicc may, under the direction of the governing authority, make further in~u i r i cs and investieations as to the fi-

§ 3522. Preparation of tentative budget request. (a) General rule.-The Administrative Office shall

collate and examine all information received pursuant to section [3521] 3521(A) (relating to development of budget information, shall consult with the governing authority and the Budget Secretary, and shall prepare and submit to the governing authority for review and approval a tentative budget request for the Judicial Department covering all funds appropriated to the unified judicial systcm or through the budget of the Judicial Depart- ment to a nolitical subdivision. lfor the surruort of iudi- . .

/ cia1 and correctional functions.1 -

(h) Revision of information.-The tentative hudget request submitted by the Administrative Office may increase or decrease any amount submitted pursuant to section [35211 3521 (A). In such case the amount of such increase or decrease and the reasons therefor shall be specified in detail in a written report of the Admfnistra- tive Office which shall be presented to the governing authority with the tentative budget and which shall be furnished to each affected budget respondent. 5 3523. Adoption of final hudget request.

(a) General rule.--The governing authority shall re- v!cw the tentative budget request submitted by the Ad- ministrative Office pursuant to section 3522 (relating t.o preparation of tentative budget request). After giving opportunity for hearing to each hudget respondent wh?se cst'rmate submitted pursuant to section [35211 3521 (A) relating to development of budget information) would he altered by the final .budget request of the Judicial Dcpar tm~nt , the governing authority shall make such modiCications in the tentativr hudget request of the Judi- cinl Department as in its judgment are neccssary or desirable, and shall adopt a final budget request of the .Judicial Department for transmission to the Budget Sec- retary.

( h ) , Transmission to Budget Secretary.-Following , adop t~on of a final budget request by the governing authority, the Administrative Office shall transmit such

\request to the Budget Secretary within the time and in the manner required by section 601 of the act of April 9, 1929 (P. I.. 171, No. 1751, known as "The Administra- ' Live Code of 1'129.'' § 3524. Form of Judicial Department appropriation.

The budget request of the Judicial Department shall

i b:! preparcd in a manner comparable to the request of an ad~ninistrative department. [The appropriations as finally enacted shall not be so detailed as to limit un- reasonably the ability of the governing authority to reprogram funds during a fiscal year to meet unanticipated erpenses or developments.] 6 3525. List of em~lovces to he furnished. . " / ' ( a ) General rule.--The Administrative Office shall, on June 15 of each year, transmit to the Department

1 of the Auditor G~ncra l . the Treasurv Denartment. and ~~ ~~ ~ ~ ~ - - ~ ~ - ~ ~ ~ , ' thc ~ b d g e t Secretary a complete list," as df ~ i n e 1' pre- /ceding, of the names of all persons, excent day-laborers, / entitled to receive compensaiion directly f rom-the Com- monwcalth from funds appropriated to the unified judicial system. Such list shall show the position occupied by each such person, the date of birth and voting residence of such werson. the salnrv at which or other basis unon

'w!~ich such person is en6tled to be paid, the date when lsucli person entered the service of the Commonwealth, whether such person has been continuously employed by the Commonwealth since that date and all periods of service and positions held as an employee of the Com- monwealth. or such nart of such information as the Gov- ernor m a y prescribe: / (b) Interim changes.-Each month thereafter, the Ad- ministrative Office shall certify to the Department of the Auditor General, the Treasury Department, and the Budget Secretary any changes in the annual list of em- ~ lovees last transmitted to them which shall have oc-

1 iufied during the receding month (c) Public info<mation.zThe information received by

the Department of the Auditor General, the Treasury Department, and the Budget Secretary under this section shall be nuhlic information. 5 3526. ~ e l e a i e of funds.

(a) General rule.-Each recipient of funds appropriated to the unified judicial system shall from time to


time, as requested by the Administrative Office, prepare and submit to the Administrative Office, for approval or disapproval by the governing authority, an estimate of the amount of money required for each activity or function to he carried on by such recipient during the ensuing month, quarter, or such other period as the governing authority shall prescribe. If such estimate does not meet with the approval of the governing authority, it shall he revised in accordance with the directions of the governing authority and resubmitted for approval.

(h) Observance of approved estimate.-After the approval of any such estimate, it shall be unlawful for, the recipient of funds appropriated to the unified judlclal system to expend any appropriation or part thereof, except in accordance with such estimate, unless the estimate is revised with the approval of the governing authority.

(c) penalty.-lf any recipient to which subsections (a) and (b) apply shall fail or refuse to to the Administrative Office estimates of expenditures as required by this section, the governing authority may order the *dministrative office to withhold disbursement of any funds to the unified judicial system for such recipient, alld thereupon the *dmiuistrative office shall withhold disbursement of any such funds until further order of the governing authority. 5 3527. Estimates of current expenditures by Administra-

tive Office. The Administrative Office shall, from time to time, as

requested by the Governor, prepare and submit to the Governor estimates of the amounts of required for each activity or function to be carried on by the unified judicial system during the ensuing month, quarter, or such other period as the Governor shall prescribe. 53528. Fiscal period.

All books and accounts kept by the Administrative Of- fice and other personnel of the system shall he kept as of the fiscal year or period established by section 608 of the act of April 9, 1929 (P. L. 177, No. ll5)3 known as "The Administrative Code of 1929." 5 3529. Audits of affairs of unified judicial system.

(a) General rule.-It shall be the duty of the judicial auditing agency to retain a certiPied public accountant to make all audits of transactions after their occurrence which may he necessary in connection with the administration of the financial affairs of the unified judicial sys- i.em or of any [judicial or correctional] functions of a political subdivision funded in whole or in part through the budget oE the Judicial Department. At least one such audit shall be made each year and special audits may he made whenever they appear necessary in the judgment of the judicial auditing agency.

(h) Governmental aud~ts.-Where the transactions specified in subsection (a) are audited by the Depart- ment of the Auditor General or by an official of a political subdivision charged with auditing responsibility, the judicial auditing agency shall accept, a report thereof in lieu of the audit requ~red by subsect~on (a) unless in the judgment of the judicial auditing agency the circumstances warrant an additional audit by a certified puhlic accountant retained by the auditing agency.

(c) Scope.-Subsections (a) and (b) shall apply to fees, costs, grants, moneys paid into court and all other unappropriated funds handled by system and related personnel and to all funds appropriated to the Judicial De- partment.

(d) Definition.-As used in this section the term "ju- diclal auditing agency" means a body established or deslg- natcd by the governing authority as the judicial auditing agency for the purposes of this section. The judicial auditing agency shall include:

(1) , A judge of the Superior Court selected by the Supenor Court.

(2) A judge of the Commonwealth Court selected by the Commonwealth Court.

(3) The President Judge of the Court of Common Pleas of Philadclphia County.

(4) The President Judge of the Court of Common Pleas of Allegheny County. 5 3530. Preparation of requisitions.

The Administrative Office shall prepare, or cause to be prepared by an officer of the interested government unit designated by the Administrative Office, requisi-

tions for moneys appropriated to the unified judicial system or appropriated through the budget of the Judl- cia1 Department to a political suhdivision, and shall present such requisitions to the Treasury Department pursuant to section 1501 of the act of April 9, 1929 (P. L. 343, No. 1761, known as "The Fiscal Code!'

SUBCHAPTER C

COUNTY FINANCE s e ~ . 3541. Judicial and [correctionall RELATED account. 3542. [Credits to account.] RECEIPTS. 3543. [Debits] CREDI'E 1.0 nrronnt. 3544. [(Resewed).] DISBURSEMENTS. 3545. L(Keserred).l DEBITS TO ACCOTJNT. 3546. Relief from liability for loss of property if ex-

penses not paid. fi 3541. Judicial and icorrectirrnal] RELATED account.

The Treasurer of the City and County of Philadelphia, the treasurer of each other ccunty of this Commonwealth, and the Treasurcr of the City of Pittsburgh shall establish and maintain on the books of their respective political subdivisions nn account to be known as the judicial and [correctional] RELATED account. The account shall exlst for accounting purposes only and nothing in part shall require the actual segregation of the moneys of the account from the general funds of the political subdivision. fi 3542. [Credits to account.] RECEIPTS.

a General rule.-There shall be p a d to the respective political subdivisions required by this subchapter to maintain a judicial ,?nd lcorrectional account and credited to

REI,ATED accollnt all: [ ( I ) Contributions and payments by thc Federal Gov-

ernment for the maintenance of judicial and correctional functions of the political subdivision.

(2) ~ ~ ~ ~ ~ ~ ~ i ~ t i ~ ~ ~ by the ~~~~~~l ~ ~ ~ ~ ~ h l ~ through the budget of the Judicial Department or otherwise for the maintenance of judicial and correctional functions of the political subdivision.l

[(3)1 (1) Fees established under section 1725 (relating to ~stahlishmml, of fc~c.; and charges) to whirh a government agency is entitled and which by law have heretofore been paid or credited to such political suhdivision.

r(4)] (2) Costs which the political subdivision is entitled to receive pursuant to general rules prescribed under section 1726 (relating to establishment of taxable costs).

[(5)] (3) Fines and forfeitures as follows: (i) All fines forfeited, recognizances and other

forfeitures imposed, lost or forfeited in the Pitts- ' burgh Magistrates Court or the Pittsburgh Traffic Court shall he paid to the City of Pittsburgh. [and credited to its judicial and correctional account.1

(ii) All fines forfeited, recognizances and other forfeitures imposed, lost or forfeited for violation of any ordinance of any political suhdivision, or which under 18 Pa.C.S. 5 1101(b) (relating to disposition of fines) or under the act of April 29, 1959 (P. L. 58, No. 32), known as "The Vehicle Code," OR UNDER ANY OTHER STATUTE, are to be pard to any specified political subdivision, shall he paid to such political suhdivision. rand, if such political subdivision, is required by this subchapter to maintain a judicial and correctional account, shall be credited to such account.]

(iii) All other fines forfeited, recognizances and other forfeitures impoqed, lost or forfeited in the courts of common pleas, community court or Phila- delphia Municipal Court established for a judicial district embracing a county or in a magisterial district within the county, shall be paid to such county. [and credited to its judicial and correctional account.

( 6 ) Amounts required by statute to be paid to a political subdivision for credit to its judicial and cnrrec- tlonal account.

( I ) Amounts arising from the activities of the unified judicial system or the judicial branch required by statute to be paid to the political subdivision.

(8) Income and receipts with respect to the organization and operation of penal, corrcctional and probation facilities and services maintained by the political subdivision.]


- - . . . not allfimenting fhe public revenues. I protection of such ~roner tv .

(4) OTHER AMOUNTS REQUIRED BY STATUTE TO BE PAID TO A POLITICAL SUBDIVISION.

(h) Allocation in multi-county districts.-In judicial districts embracing two or more counties the fines, forfeitures, fees and costs collected with respect to the court of common pleas or community court of the judicial district WHICH CANNOT BE IDENTIFIED WITH RE- SPECT TO A PARTICUT,AR COUNTY shall he paid over t3 p ~ c h county according to :In allocation hased on popu- l a t~on in the ratio which the population of each of the

SPECIFIED IN SECTION 3543 (RELATING TO CREDITS TO ACCOUNT).

(Bi ACCOMMODATIONS.-EXPENSES UNDER THIS SECTION INCLUDE THE COSTS OF LEASED AC- COMMODATIONS AND THE FAIR RENTAL VALUE O F ACCOMMODATIONS PROVIDED IN FACILITIES OWNED BY THE POLITICAL SUBDIVISION. g 3546. Relief from liability for loss of property if ex-

penses not paid. Any officcr enforcing orders of a tribunal shall be

I - . . .

s 3543. CREDITS TO ACCOUNT. EACH POLITICAL SUBDIVISION REQUIRED BY SUBCHAPTER D

THTS SUBCHAPTER TO MAINTAIN A JUDICIAL AND 1 RELATED ACCOUNT SHALL CREDIT TO SUCH AC- / MONEY PAID INTO COURT "UNT: I Sec.

(1) CONTRIBUTIONS AND PAYMENTS BY THE ' 3561. Money paid into court. FEDERAL GOVERNMENT FOR THE MAINTENANCE! s 35fil. llloney paid into court,

~~L{,"~,"~A~U,"~&I,"~l&~ED OF THE / " All money paid into court shall he held in the custody

i i?f such officer, shall he invested in such manner, and

scvcral countirs comprising the judicial district hears to rehebed from any liability for the loss, destruction, re- the total population of the judicial district as last offi- /m&al of or d a m a ~ e to any personal property, or for

(2) APPROPRTATIONS BY THE GENERAL AS-! SEMBLY TO THE POLITICAL SUBDIVISION FOR rHE MAINTENANCE OF JUDICIAL AND RELATED FUNCTIONS OF TIIE POLITICAL SUBDIVISION.

( 3 ) AMOUNTS RECEIVED PURSUANT TO SEC- I'ION 3542 (RELATING TO RECEIPTS).

(4) INCOME AND RECElPTS WITH RESPECT TO rHE OPERATION OF PENAL, CORRECTIONAL AND 'ROBATION FACILITIES AND SERVICES MAIN- rAl'NED BY THE POLITICAL SUBDIVISION. is 3513. Debits to account.] 5 3544. DJSBURSEMENTS.

(a) General rule.-There shall he paid by the re- ipective political subdivisions required by this suhchap- .er to maintain a judicial and [correctional account and iehitcd to such] RELATED account:

(1) Salaries, fees and expenses of system and related ~ersannel which hy statute are required to be paid by he political subdivision.

(2) Salnrics, fces and expenses of jurors, witnesses !nd all othcr persons paid under authority of law by the loliticnl subdivision for the maintenance of judicial and :correctionall RELATED functions.

[(3) Any amounts required by statute to he paid from !ny of the sources of income specified in section 3542 relating to credits to account).]

[ (4)] (3) Any amounts rcquired by statute to he paid o the Commonwealth from any of the sources of income tpecified in section 3542 (relating to [?redits to account).l 2F.CEIPTS).

[ (h) Accommodations.-Expenses under this section in- :lndc the cost ol leased accommodations and the fair ,mtal vclue of accommodations provided in facilities ~wned by the political subdivision.]

[ ( c ) ] (B) Allocation in multi-county districts.-In judi- ,ial districts embracing two or more counties, the expenses ,f the court of common pleas and the community court ,f the j::dicial district, and the salary, fees and expenses ,f the staff o; such courts, except county staff, shall be laid by each coxnty according to an allucation based on ,opvlation in the ratio which the population of each of he scvera! csunties comprisin,r the judicial district bears o the total population of the judicial district as last ~lficially certified. 9 3544. (Reserved.)

) 3545. (Reserved).] i 3545. DEBITS TO ACCOUNT.

(A) GENEIZAL RULE.-EACH POLITICAL SUBDIVI- ;ION REQUIRED BY THIS SUBCHAPTER TO MAIN- :AIN A JUDICIAL AND RELATED ACCOUNT SHALL IEBiT TO SUCK ACCOUNT:

(1) AMOUNTS PAID PURSUANT TO SECTION 3544 RELATING TO DISBURSEMENTS).

(2) AN-.; AMOUNTS REQUIRED BY STATUTE TO :E PAID FROM ANY OF THE SOURCES OF INCOME

cially certified. (c) Fines in the nature of private compensation.-The

provisions of subsection (a) shall not affect the disposition of fines authorized by law to effect restitution, for the sumort of leltal denendents, or otherwise for Purposes

*hall he withdrawn from deposit, as shall he provided by / ieneral rules.

CHAPTER 37

FACILITIES AND SUPPLIES

Subchapter A. Statewide Facilities and Services B. District and County Facilities and Serviccs

SUBCHAPTER A

STATEWIDE FACILITIES AND SERVICES

See. 3701. Pennsylvania Judicial Center (RESERVED). 3702. General facilities and services furnished by Ad-

ministrative Office. 3703. Local chamber facilities. :3704. Local facilities for holding sessions of Statewide

courts. ' 3701. Pennsylvania Judicial Ccnter (RESERVED). [ (a ) General rule.-There may he maintained by the

Administrative Office acting through the Department of General Services at such location within this Common- wealth as may he specilied by t h ~ Supreme Court, a fa- ei!ity lrnown as the Pennsylvania Judicial Cuntcr. The facility may provide accommodations and supporting central faclllties and services for the following functions, agencies and units of or related to the unified judicial system:

(1) One or more court rooms for the holding of sessions of the appellate courts of this Commonwealth including related conference facilities.

(2) Chamber facilities for justices of the Supreme Court and their personal staffs.

(3) Chamber facilities for those judges of the Superior and Commonwealth Courts who regularly sit at the location of the facility and their personal staffs.

(4) Any staff of the any Statewide council. (5) The Administrative Office of Pennsylvania Courts. ( 6 ) A law library. (7) The Administrative staffs of the appellate courts of

this Commonwealth. (8) The office of the Judicial Inquiry and Review Board. (9) The office of the Minor Judiciary Education Board. (10) The office of the agency vested with the power to

admit persons to the bar and the practice of law. (11) The office of the agency vested with the power to

discipline or remove from office attorneys-at-law. (12) The offlces of related organlzatlons (except the

recognized conference or associat+on of members of the bar of the Supreme Court) recognized pursuant to section 1728 (relating to recognition of related organizations). 1 (13) Such other functions, agencies and units of the

any injury to any real property, levied upon, seized or ta l~cn into possession by virtue of any process if the person lodging such process with him shall refuse to advance or secure upon demand the reasonable fees and exnenses incident to the seizure. safe keening and nrooer


- - - . - - -- C. Contempt of Court I c..~

CHAPTER 41

ADRIINISTRATION OF JUSTICE

Subchapter A. General Provisions B. Temporary Assignment of Judges and District

.Tnstiree

judges and district justices, the kind, amount and method of payment for travel, lodgings and subsistence, and all other matters related to such temporary assignments, shall be governed by genpral rules.

SUBCHAPTER C

CONTEMPT OF COURT


wise than in open court. Upon the filing of any such demand, the judge shall thereupon proceed no further but another judge shall be designated by the court. The demand shall be filed prior to the hearing in the contempt pro~eeding.

(b) Punishment.-Punishment for a contempt specified in subsection (a) may be by fine not exceeding 16100 or by imprisonment mi exceiding 15 days in tKe jail of

from the expiration of tile definite 'time.

CHAPTER 43

DOCKETS, INDICES AND OTHER RECORDS

Subchapter A. Establishment, Maintenance and Effect

Records E. Di~position of Obsolete Records

SUBCHAPTER A

of Judicial

EFFECT

fice of the clerk of the branch of the court of common pleas embracing such county. Any other order of a court of common pleas shall be a lien upon real and personal property situated within any county embraced within the judicial district on the conditions, to the extent and with the priority provided or prescribed by 1law.l STATUTE OR GENERAL RULE ADOPTED PURSUANT TO SEC- TION 1722 (B) (RELATING TO ENFORCEMENT AND EFFECT OF ORDERS AKD PROCESS).

(b) Transfer of domestic judijn~cnts.-An order of any ccv,-1 of this Commnnm~ealth which is a lien on property situated within any co~lnty of this Commonwealth pursuant to subsrction (a) shall be a lien upon property situated within any other county to the szme cstent as if resulting from an ordcr of the court of common pleas of such other county upon compliance with such tmnsrrr and filing procedures as may be prescribed by general rnle A

5 4304. Notice of Federal pending actions. (Reserved) 5 4305. Federal judgments.

(a) General rule.-[Except as provided in subsection (b) every] EVERY judgment of a United States district court w~th in thls Commonwealth shall, as provided by 28 United States Code 5 1862 (relating to lien) be a lien on the property located within this Comnlonm~alth in the same manner, to the same cxtent and under the same conditions as a judgment of a court of common pleas of this Commonwealth and shall cease to be a lien in the

Sec. 4301. Establishment and maintenance of judicial records. 4302. Effect of records as notice. 4303. Effect of judgment as lien. 4304. Notice of Federal pending actions (Reserved). 4305. Federal judgments. 4306. Enforcement of foreign judgments. 5 4301. Establishment and maintenance of judicial

records. ( a ) General rule.-All system and personnel

shall establish and maintain such rscords as shall he required by law.

(h) supervision by ~ d ~ i ~ i ~ t ~ ~ t i ~ ~ office.-~11 and related perso?nel,cngaged i n clerical functions establish and malntaln all doclret.~, ind ic~s and other records and make and file such entries and reports, at such times, in such manner and pursuant to such procedures and standards as may be prescribed by the Ad. ministrative Office of Pennsylvania Courts with the approval of the governing authority. A11 quch procedures and standards shall he unilorm to the maximum extent practicable so as to facilitate the temporary assignment o[ personnel of the system, other than county staff, within the unified judicial system. $ 4302. Effect oI records as notice.

(a) Real property.-Except as otherwise provided by law, document af[ecting title to or any other in. terest in real property situated in any county which is filed in the office of the clerB of the court of common pleas of the county, or in the ofrice of the clerk of the branch the court of common embracing such county in the manner required by the laws, procedures or standards in effect at the date of such filing shall he constructive notice to all pcrsons of the filing and full contents of such document.

(b) Other documents.-Documents relating to the pendency of ,a matter before any court [and any other docu- mentsl f ~ l e d in the office of the clerk of any court or other office within or related to and serving the unified judicial system shall be constructive notice to sncb persons, of such information and for such duration as may be provided or prescribed by i1;Iw.l STATUTE OR BY GENERAL RULE ADOPTED PURSUANT TO SECTION 1722(B) (RELATING TO ENFORCEMENT AND EFFECT OF ORDERS AND PROCESS). 5 4303. Effect of judgment as lien.

(a) General rule.-Any judgment or other order of a court of common pleas for the payment of money shall be a lien upon real property situated in a county on the !:onditionq, to the extent and with the priority providrd or prescribed by [law] STATUTE OR BY GENERAL RULE ADOPTED PURSUANT TO SECTION 1722(B) when it is entered of record in the office of the clerk of the court of common pleas of the county, or in the of-

same manner and time. [ (b ) Exception.--Th? jndg!mt!nt or a United Stntrs dis-

trict court shall be a lien upon property located within any county of this Commonwealth embraced within the district for which such court is established without further recording, filing or docket~ng in any publlc office of this Commonwealth.]

[(c)! (,B) Authorization for filing of Fedr.r;rl judgmcn!!: entercn in other districts.-Any judgment of a United States district court established for a district embracing counties of this Commonwealth olhcr than the county in which the property is located may be registered, rci:orded, filrd, docketed. indexcd or otherwise conCormed to the rulos and r~quiremcnts relating to ludcmcnts of ths cnur t sn f common pleas. # 4306. Er:forcemmt of foreign judgments.

(a) Short title of section-This section shall bc known and may be cited as the "Uniform Enforcement of Foreign .Judgn~ents Act."

(b) Filing and stat.us of foreizn j1:dgments.--.A copy uf any foreign judgment inclnding the dnckct entries inci- rlciilal thpretri authenticatrd in accordance with act of Congress or this titlc may he filed in the olficc of tbr Aerk of any co;lrt of cornmoll plens of this Ccmman- wealth. Thr clcrk shall treat the Tooreign judgment in the same manner as a ji~dcment 01 any court of common pleas of this Cnmmtinw~nlth. A jridgment so filed shall be a lien as of the date of filing and shall have the same ~ f f e c t and be inbjcct to the same liroccdnres, defenses ?ndproceedings for reopenln.?, vacating, or staying as a ] u d ~ m c n t of any court of common pleas nf this Comnion- wealth and may be enforced or sntisfied in like maliner,

(c) Notice of filing.- ( I ) At the time of th? filin: of the Corei,xi~ jlidgment~

the judgment creditor or his attorney shall ma!rc anc f:le with the offiec oi' the i?:erk of the court of commor pleas an affidavit setting for111 the name and last linowr pnst office address of thc jndgmcnt debtor, and t h ~ judgment creditor. In addilion, such arfirlav~t shall mclude a qtatemi-nt that the foreign judgmcnt is valid, enforce- ::hie and unsatisfied.

( 2 ) promptly upon the f i l i n of the foreign judgnlen. and the affidavit, the clcri; sha!l mail notice of the filinz of thc foreign j~.ckment to the j:ldgment debtor at tht acldrrss given and shall make a note of the mailing ir the c?oc!ret. Tho notice shall include the name and pos o f i i ~ e address of the judgment creditor and the attorne: for the judgment creditor, if any, in this Common~~~eal th In alidition, the judgment creditor may mail a notice o the filing of the judgment lo the judgmcnt debtor an( may file pro:£ of mailing witll thc clerk. Lack of mailin> notice of f i l ~ n x by the clerk sha!l not affect the enforce ment proceedings i f proof of mailing by the judgmen creditor has been filed.

1976. LEGlSLATlVE JOURNAG-HOUSE 5807

foreien i idnmentuntil the a&eal"is concluded. the timz I Biireau'of standard; for appeal expires, or the stay of execution expires or is vacated, upon proof that the judgment debtor has furnished the security for the satisfaction of the judgment rei.uired by the State in which it was rendered.

( 2 ) If the judgment debtor shows the court of common pleas any r o u n d upon which enforcement of a judgment of any coxrt of common pleas of this Commonwealth would he stayed, the court shall stay enforcement of the foreign judgment for an appropriate period, upon requiring the same security for satisfaction of the judgment which is required in this Commonwealth.

( c ) Optional procedure.-The right of a judgment creditor t n hring an action to enforce his judgment in- itend of iiroceedinc tinder this section remains unim- paired. '

( f ) Definitions.-A?, used in this section "loreign judgment" means any judgment, decree, or orcler of a court ~f the United States or of any other court requiring the paymrnt of money which is entitled to full faith and :redit in this Commonwealth.

SUECHAPTER B

DISPOSITION OF OESOLETE RECORDS

3ec. 1321. Rfcord retention schedules. 1322. Dcstl-i~ction and disposition of obsolete records. $323. Form of permanent recordation. 2324. Copies of destroyed records. 1325. Duplicate permanent records. 1326. Original records meriting special care. 1327. Transfer of custody to local museum upon appli-

cation.

$ 4324. Copies of destroyed records. The photostatic, photographic, microphotographic, micro-

li!med or otherwise reproduced copy of any record de- stroycd or disposed of as authorized pursuant to this sitbchapter. or a certiiied copy thereof, shall he admissible in evidence in any matter, and shall have the same force and dfect as though the original record had been produced and proved. It shall hc the duty of the person who wo111d have had custody of the original record, had it not been destroyed pursuant to law, to prepare en- larged, typed or photi~graphic capies of such reproduced records whenever their production is required. 5 4325. Duplicate permanent records.

In order to provide insurance for the more actively used working copies against damage or loss through wear or disaster. duplicate copies ?f all permanent records de?ignated by the Administrative Office shall he maintained at such locations as shall be approved by the Ad- ministrative Office. Such designations in so far as they relxte to the records maintained by related staff, shall be subjcct to the approval of the County Records Com- mittee. (i 4326. Original records meriting special care.

If, in the opinion of the person having custody of an original record, such original possesses sufficient value that it merits special care, he shall make a permanent copy of the record, which shall he officially certified and placed on file in lieu of the original record, and, with the approval of the Administrative Office, he shall transfer the original to the custody oi such officer as shall be designated hy the Administrative Office lor permanent preservation. S 4327. Transfer of custodv to local museum noon annli-

LEGISLATIVE JOURNAG--HOUSE June 29,

-~ ~

rules. (b) Civil verdicts.-In any civii case a verdict rendered GENERAL PROVISIONS

by at least five-sixths of the jury shall be the verdict of the jury and shall have the same effect as a unanimous Sec. verdict of the jury. 5301. Persons.

district. $ 5104. Trial by jury.

(a) General rule.-Trial by jury shall be as heretofore, and the right thereof shall remain Inviolate. Trial by jury may be waived in the manner prescribed by general

Subchapter A. Provisions B. Interstate and International Procedure

SUBCHAPTER A

1976. LEGISLATIVE J O U R N A L H O U S E 5809 .-

5302. Land. 5303. Chattels. 5304. Documents. 5305. Corporate shares. 5306. Obligations. 5307. Status. 5 5301. Persons.

(a) General rule.-The existence of any of the following relationships between a person and this Common- wealth shall constitute a sufficient basis of jurisdiction to cnablc the tribunals of this Commonwealth to exercise general personal jurisdiction over such person, or his personal representative in the case of an individual, and to enable such tribunals to render personal orders against such person or representative:

(1) Individuals.- (i) Presence in this Commonwealth at the time

whether or not the persons to whom the obligations are owed are subject to the jurisdiction of the tribunals of this Commonwealth. 3 5307. Status.

The judicial jurisdiction over status granted to the courts of this Commonwealth by the Coiistitution and [laws] STATUTES of this Commonwealth may be exercised:

(1) to the extent permitted by the Constitution oi* the United States, except as limited by the Constitutitin and laws of this Commonwealth; and

(2) in the manner permitted by the laws of this Com- monwealth.

SUBCIIAPTER B

INTERSTATE AND INTERNATIONAL PROCEDURE

when process is served. (ii) Domicile in this Commonwealth at the time

when process is served. (iii) Consent, to the extent authorized by the con-

sent. (2) Corporation$.-

(i) Incorporation under the laws of this Common- wealth.

(ii) Consent, to the extent authorized by the consent.

(iii) The carrying on of a continuous and sys- tematic part of its gsneral business within this Commonwealth.

(3) Partnerships, limited partnerships, partnership assnciations, professional associations, unincorporated as- ;ociations and similar entities.-

(i) Formation under the laws of this Common- wealth.

(ii) Consent, to the extent authorized by the consent.

(iii) The carrying on of a continuous and sys- tematic part of its genera! business within this Commonwealth.

(h) Scope of jurisdiction.-When jurisdiction over a 2Erson is based upon this section any cause of action nay hc asserted against him, whether or not arising from ~ c t s enumerated in this section. 3 530%. Land.

Th: tribunals of this Commonwealth shall have juris- liction over land situated within this Commonwealth vhether or not the Persons owning or claiming interests hcrein are subject to the jurisdiction of the tribunals of 11;s Commonwealth. i 5303. Chattels.

The tribunals of this Commonwealth shall have juris- liction over chattels situated within this Commonwealth vhether or not the persons owning or claiming interests herein are subjcct to the jurisdiction of the tribunals of his Commonwealth. : 5304. Documents.

The tribunals of this Commonwealth shall have juris- liction over documents which are within this Common- vealth whether or not the persons owning or claiming in- erests therein are subject to the jurisdiction of the ribunals of this Commonwealth.

53@5. Corporate shares. The tribunals 01 this Commonwealth shall have juris-

liction, whether or not the persons owning or clailnjng nterests in the shares or share certificates are subject o the jurisdiction of the tribunals of this Common- veaith:

(1) Over shares in a corporation incorpurated under !le laws of this Commonwealth (subject to the lirnita- ions"of the act of April 6, 1953 (P. L. 3, No. I ) , Bnown as l ie Uniform CommerciaL Code").

(2) Over share certificates which are located within iiis Commonweaith.

(3) Over shares in a corporation represented by share crtificatcs located within this Commonwealth if the law f thc jurisdiction of incorporation embodies the share in kc share certificates.

5306. Obligations. The tribunals of this Commonwealth shall have juris-

iction over obligations owed by persons who are subject 3 the jurisdiction of the tribunals of this Commonwealth

Sec. 5321. Short title of subchapter. 5322. Bases of personal jurisdiction over persons outside

this Commonweallh. 5323. Service of process on persons outside this Com-

monwealth. 5324. Assistance to tribunals and litigants outside this

Commonwealth with respect to service. 5325. When and how a deposition may be taken outside

this Commonwealth. 5326. Assistance to tribunals and litigants outside this

Commonwealth with respect to depositions. 5327. Determination of foreign law. 5328. Proof of official records. 5329. Other provisions of law unaffected. 5 5_32l. Short title of subchapter.

l h i s subchapter shall he irnown and may be cited as the "Uniform Interstate and International Procedure Act." 5 5322. Bases of personal jurisdiction over persons out-

side this Commonwealth. (a) General rule.--A tribunal of lhis Commonv~eaith

may exercise personal jurisdiclion over a persun (or the persona! representative of a deceased individual w11,a would he subject to jurisdiction under this subsection if not deceased) who acts directly or by a n agent, as to a cause of action or other matter arising from such person:

(1) Transacting any business in this Commonwealth. Without excluding other acts which may constitute transacting business in this Commonwealth, any of the following shall constitute transacting business for the purposes of this paragraph:

(i) The doing by any person in this Commonwealth of a series of similar acts for the purpose of thereby realizing pecuniary benefit or otilcrwjse accomplishing an object.

(ii) The doing of a single act in this Common- wealth far the purpose of thereby realizing pecuniary benefit or otherwise accomplishing an object with the intention of initiating a series of such acts.

(iii) The shipping of merchandise directly or indirectly into or through this Commonwealth.

(iv) The engaging in any business or profession within this Commonwealth, whether or not such business requires license or approval by any government unit of this Commonwealth.

(v) The cwnership, use or possession of any real property situate wllhin this C~mmonwcalth.

(2) Contracting to supply services or things in this Commonwealth.

(3) Causing harm or tortious injury by an act or cmission in this Commonwealth.

(4 ) Causing harm or tortious injury in this Common- wealth by an act or omi~slon outside this Con-,monu~ealth.

(5) Having an interest in, using, or possessing real property in this Commonwealth.

( 6 ) Contractin&yto insurc any person, property, or risk lozated within this Commonwcalth at the time or contracting, or hein:: a person who controls, or who is a director, officer, employee or agent of a person who controls, an insurance company incorporated in this Com- monwealth.

(7) Accepting appointment or exercising powers under the authority of this Commonweallh as a:

( i ) Personal representative of a decedent.


(ii) Guardian of a minor or incompetent. (iii) Trustee or other fiduciary.

(8) Executing any bond of any of the persons specified in paragraph ( I ) .

(9) Making application to any government unit for any certificate, license permit, registration ar similar instrument or authorization or exercising any such instrument or authorization.

(10) Committing any violation within the jurisdiction of this Commonwealth of any statute, home rule charter, local ordinance or resolution, or rule or regulation promulgated thereunder by any government unit.

(h) Exercise of full constitutional power over non- r3sidents.-In addition to the provisions of suhsectisn (a) the jurisdiction of the tribunals of this Common- wealth shall extend to all persons who are not within the scope of section 5301 (relating to persons) to the fullest extent allowed under the Constitution of the United States and may be based on the most minimum contact with this Commonwealth allowed under the Constitution of the United States.

(c) Scope of jurisdiction.-When jurisdiction over a person is based solely upon, this section, only a cause pf actlon or other matter arlslng from acts enumerated In subsection (a), or from acts forming the basis of jurisdiction under subsection (b) , may be asserted against him.

(d) Service outside the Commonwealth.-When the exercise of personal jurisdiction is authorized ,by this section, service of process may be made outs~de this Commonwealth.

(e) lnconverlient forum.-When a trihunal finds that in the interest of substantial justice the matter should be heard in another forum, the tribunal may stay or dismiss the matter in whole or in part on any conditions that may he just. 5 5323. Service of process on persons outside this Corn-

monwealth. (a) Manner of service.-When the law of thjs Com-

monwealth authorizes service of process outslde this Commonwealth, the service, when reasonably calculated to give actual notice, may be made:

( I ) By personal delivery in the manner prescribed for service within this Commonwealth.

(2 ) In the manner prilvided or prescrihed by the law of the place in which the service is made for service in that place in an action in any of its courts of general jurisdiction.

(3) By any form of mail addressed to the person to be served and requiring a signed receipt.

(4) As directed by the foreign authority in response to a letter rogatory.

(5) As directed by a court. (b) yroof of service.-~roof of service outside this

Commonwealth may be made by affidavit of the individual who made the service or in the manner provided or prescribed by the law of this Commonwealth, the order pursuant to which the service is made, or the law of the place in which thc seryice is made for proof of service in an action in any of its courts of general jurisdiction. When service is made by mail, proof of service shall include a reccipt signed by the addressee or other evidence of pcrsonal delivery to the addressee satislactory to the tribunal.

(c) Individuals eligible to make service.-Service outside this Commonwealth may he made by an individual permitted to make service of process under the law of this Commonwealth or under the law of the place in which the service is made or who is designated by a tribunal of this Commonwealth.

(d) Certain individuals to be served.-When the law of this Commonwealth requires that in order to effect service one or more designated individuals be served, scrvice outside this Commonwealth under section 5322 (re:ating to bases of personal jurisdiction over persons outside this Commonwealth) must be made upon the designated individual or individuals. g 5324. Assistance to tribunals and litigants outside this

Ccmmonweallh with respect to service. (a) General ru1c.-A court of record of this Common-

wealth may order service upon any person who is domiciled or ran be found within this Commonwealth of any

document issued in connection with a matter in a tribunal outside this Cr~mmonwealth. The order may be made upon application of any interested person or in response to a letter rogatory issued by a tribunal outside this Corninonwealth and shall direct the manner of scrvice.

(b) Court order not necessary.-Service in connection with a matter in a trihunal outside this Commonwealth msy be made within this Commonwealth without an order of court.

(c) E lec t on recognition of order.--Service under this scctlon does not, of itself, require the recognition or en- iorcement of an order rendered outside this Common- wealth. 5 5325. when and how a deposition may be taken out-

side this Commonwealth. (a) General rule.-A deposition to ohlain testimony or

documellts or other things in a matter pending in this ~ ~ ~ ~ ~ ~ ~ ~ ~ l t h may he taken outside this c ~ , ~ ~ ~ ~ . wealth:

(1) o n reasonable notice in writing to all parties, setting forth the time and place for taking the deposition, the name and address of each person to be examined, if known, and if nct known, a general description sufficient to identify him or the particular class or group to which he belongs and the name or descriptive title of the person before whom the depr~sition will be taken. The dc- position may be taken before a person authorized to administer oaths in the place in which the deposition is taken by the law thereof or by the law of this Common- wealth or the United States.

(2) Before a person commissioned by the tribunal of this Commonwealth. The person so commissioned has the power by virtue of his commission to administer any necessary oath.

(3) Pursuant to a let,ter rogatory $sued by the court. A letter rogatory may he addressud To the Appropriate -4uthority in (here name the state or county)."

(4) In any manner before any person, at any time or plaze, or upon any notlce s?ipulated by thc parties. A person des~enated by the stlpu!ation has the power by virtue of his designation to administer any necessary oath,

(h) Commission or letter rogatory.-A cnlnmis~ion or a letter rogatory shal! be issued after notice and application to the court, and on terms that are just and appropriate. It is not requisite to the issuance of a commj~s~on or a letter rogatory that the taking of the deposition In any other manner 1s lmpract~cahle or lncon- venient, and both a commission and a letter rogatory may be issued in proper cases. Evidence obtained in a foreign country in response to a letter rogatory need noi be excluded merely for the reason that it is not a ver- b a t ~ m transcript or that the testimony was not takel: under oath or for any similar departure from the requirements for depositions taken within this Common- wealth.

(c) Deposition prior to commencement of matter.- When no matter is pending, a tribunal of this Common- wealth may author~ze a deposition to be taken outside this Commonwealth of any persun regarding,any mattel that may be cognizable in any trihunal 01 this Common- wealth. Subject to general rules, the trihunal may prescribe the manner in w h ~ c h and the terms upon whict the deposition shall be taken. g 5326. ilssislance to tribunals and litigants outside thir

Commonwcalth with respect to depositions. (,) General rule,-^ court of record of this common.

v:e.llth may order a who is domiciled or is lounc ithi^ hi^ ibis Comlnonwealth to give his testimony or statement or to produce documents or other things for use ir a matter pending in a tribunal outside this Common- ~veallh. The order may be made upon the applic~tion 01 any intcrestrd person or in response to a letter rogatorj and may prescribe the practice and procedure, which ma1 he wholly or in part the practice and procedure of the tribunal outside this Commonwedth, for taking the testimony or statement or produang the documents 01 other things. To the extent that the order does no] prescribe othcrwise, the praciice and procedure shall he in acccrdance with that of the court of this Common- wealth issuing the order. The order may direct that thc testimony or statement be given, or document or o the~ thing prodnced, before a person appointed by the court

LEGISLATIVE J O U R N A L c H O U S E

The person appointed shall have power to administer any necessary oath.

(b) Voliintary compliance.-A person within this Corn- monwealth may voluntarily give his testimony or statement or produce dcc,!mcnts or other things lor use in a inalter beloru a tribsnal outside l i i s C:;.mmonwealth. :: 5:327. Determination of foreign law.

(a) ti^^.-^ party who i n t c n + ~ to raise an issue concern,ng the law any jurisdiction or governmental licit ihereol oatside this ~ ~ ~ ~ ~ ~ ~ ~ ~ l t l ~ give notice in his pleadings or other reasonable arritll-n notice.

(b, ~ j / l ~ . t ~ ~ : ~ ) ~ to be ccn:;idcrccl.-.~n clet,prmining the iaiv sl any jurisdiction or governmenial unit thereof out. side this Commonweall.11, the trihunal may consider any

or iueludjng tesiimoiiy, whether or not bv a nartv or admissible under the

basis other than the bases specified in section 6322 (relating to bases of personal jurisdiction over persons outside this Cornmonwealth).

(2) Permitting a procedure for service or for obtaining testimony, documents, or other things for use in thls Commonwealth or in a tribunal outside this Common- ~vealtl? other than the procedures prescribed in section 5323 (relating to service of process on persons outside this Co~nmonwealth) through section 5326 (relating to assistanre to tribunals and litigants outside this Cornmon- wealth with respect lo depositions).

(3) Authorizing the dctermination of foreign law or the proof, oC official records or ?ny entry or lack of entry thereln by an), method other than the methods prescribed ~n sec!ion 5327 (relating to determination of foreign law) and section 5328 (relating to proof of ofCicial records).


(b) Fraud.-The time limited by this chapter may be extended to re l~eve fraud or its equivalent, but there shall be no extension of time as a matter of indulgence or with respect to any criminal proceeding. g 5505. lllodification of orders.

Except as otherwise provided or prescribed by law, a court upon notice to the parties may modify or rescind any order within 30 days after its entry, notwithstandin the prior termination of any term of court, if no appeal from such order has been taken or allowed.

SUBCHAPTER B

CIVIL ACTIONS AND PROCEEDINGS

Sec. 5521. Limitations on foreign claims. 5522. Six months limitation. 5523. One year limitation. 5524. Two year limitation. 5525. Four ycar limitation. 5526. Five year limitation. 5527. Six year limitation. 5523. Fifteen year limitation. 5529. Twenty year limitation. 5530. Twenty-one year limitation. 5531. No limitation. 5532. Absence or concealment. [5533. Infancy, insanity or imprisonment.] 5533. (RESERVED). 5531. War. 5535. Effect of other actions and proceedings. 6636. Construction projects. 5 5521. Limiiations on foreign claims.

(a) short title of secijon.-~his section shall be known and may he cited as the "Uniform Statute of Limitations on Foreign Claims Act."

(b) General ru1c.-The period of limitation applicable to a claim accruing outside this Commonwealth shall be either that provided or prescribed by the law of the place where the claim accrued or by the law of this Commonwealth, whichcvcr first bars the claim.

(c) Definition.--As uscd in this section "claim" means any right of action which may be asserted in a civil action or proceeding and inclucles, but is not limited to, a right of action created by statute. 5 5522. Six months limitation.

(a) Notice prerequisite to action against government unit.-nrithin six months from the date that any injury was or any cause of action accrued, any perso,, who is about to commence any civil action or proceeding within this Com~nonwealth or elsewhere against a gov-- ernment unit for damages on account of any injury tu his person shall file in the office of the government unit, a statement in writing, signed by or in his behalf, setting forth:

(1) The name rf the person to whom the cause of action has accrued.

(2) The name and residence of the person injured. (3) The date and hour of the accident. (4) The approximate [place or] location where the ac-

cident occurred. (5) The name and address of [the attending physician,

if any.] ANY ATTENDING PHYSICIAN. If the statement provided for by this subsection is not

filed, any civil action or proceeding commenced against the government unit more than six months after the date of injury shall be dismissed and the person to whom any such cause of action accrucd lor any personal iiliury shall be forevrr barred from proceeding further thereon within this Commonwealth or elsewhere. The court shall excuse compliance with this requirement upon a showing of reasonable excuse for failure to file such statement.

(h) Commencement uf action required-The following actions and proceedings must be comrnenccd within six months:

( 1 ) An action against any officer of any government unlt lor anything done in the execution of his office, except an action subject to another limitation sppcified in this subzhapter.

(2) A petition for the establishment of a deficiency judgment following sale of the collateral of the debtor UNDER

THE PROVISIONS OF SECTION 8103 (RELATING TO DEFICIENCY JUDGMENTS).

(3) Any action subject to section 6-111 (relating to limitation of action and levies) of the act of April 6, 1953 (P. L. 3, No. I) , known as the "Uniform Commercial Code." S 5523. One Year limitation.

The following actions and proceedings must be commenced One year:

(1) An action for libel, slander or invasion of privscy. (2) An action upon a statute for a civil penalty ar for-

feiture, where the action is given to a person other than a government unit.

(3) An action upon a bond given as security by a party in any matter, except a bond given by a condemnor in an eminent domain proceeding.

(4) An action upon any payment or performance bond. S 5524. Two year limitation.

The following actlons and proceedings must be commenced within two years:

(1) An action for assault, battery, false imprisonment, false arrest, malicious prosecution or malicious abuse of process.

(2) An action to recover damages for injuries to the person or for the death of an individual caused by the w r o n ~ f u l act or neglect OR UNLAWFUL VIOLENCE OR NEGLIGENCE of another.

(3) An action for taking, detaining or injuring personal property, inrluding actlons for specific recovery thereof.

(4) An action for waste or trespass of real property. (5) An action upon a statute for a civil penalty or for-

leiture, where the action is given to a govrrnmcnt unit. (6) An action against any officer of any government

unlt for the no~ipayment of money or the nondelivery of property collected upon on execution or otherwise in his Possession. $ 5525. Four year limitation.

The following actions and proceedings must be com- menccd within four years:

(1) An action upon a contract, under seal or othcrwise, for the salt, construction or furnishing of tangible personal property or fistures.

(2) Any aotirin subject to section 2-725 (relating to slntute of limitations in contracts for sale) of the art i!F April 6, 1953 (P. L. 3: No. I ) , known as the "Uniforni Commcrcial Code."

(3) An action upon an express contract not founried upon an instrument in writing.

(4) An action upon a contract implied in law, except an action subject to another limitation specified in this 'ubcl'apter. 5 5526. Five year limitation.

The following actions and proceedings must be commenced within five years:

(1) An action for revival of a judgment lien on real property.

(2) An action for specific perlormance of a contract far sale of real property or for damages for noncam- pliance therewith.

(3) An action to enforce any equity of redemption or any implied or resulting trust as to real property. 6 5527. S i r year limitation.

The following actions and proceedings must be com- mcnced within six years:

(1) action upon a judgment or decree of any court ,:f the united States or of any state.

( 2 ) A, action upon a contract, obligation or liability founded upon a bond, note or other instrument in writing, except an action subject to another limitation spcci. fied in this subchapter,

(3) A, .,tion upon any official bond, (4) A proceeding in inverse condemnation, if property

has been injured but no part tllereof has been taken, or i f the has made paymcnt in accordance with section 407(a) or (b) (relating to possession and payment ,if compmsstian) of the act of June 22, 1964 (Sp. Scss., P. L. 84, No. 6), known as the "Eminent Domain Code."

(5) An action to set aside a judicial sale of property. (6) Any civil action o r proceeding which is neither

subject to another limitation specified in this subchapter nor excluded from the application of ,a ,perjod of limitation by section 5531 (relating to no llnutatlon).


$ 5628. Fifteen year limitation. Ezccpt as otherwise provided by section 17 (relating

to periods of limitation) of the act of August 9, 1971 (P. L. 286, No. 741, known as the "Disposition of Aban- doned and Unclaimed Property Act," an action for escheat, or for payment into the State Treasury without escheat, must be commenced within 15 years after the property sought in such action shall have first escheated or become escheatable or payable into the State Treasury under any statute. S 5520. 'I'wetlty year limitation.

i ln execution against personal property must be issued within 20 years after the entry of the judgment upon which the execution is to he issued. $. 5530. Twenty-one year limitation.

(a) General rule.-The following actions and proceedings must he commenced within 21 years:

(1) An actton for the Posscsslon of real Property. ( 2 ) An actlon for the payment of any ground rent,

annuity or other charge upon real prollel.t~, or any part or portion thereof. If this paragraph shall operate to bar any paynlent of such a rcnt, annuity or charge, the relit, annuity or charge to which the payment relates shall be extinguished and no further action may be commenced with respect to subsequent payments.

(3) A proceeding in inverse condemnation, if property has been taken and the condemnor has not made payment in accordarcc with section 407(a) or (h) (:elating to possession and payment of advance compensation) of the act of June 23, 1964 (Sp. Scss., 1'. L. 84, No. 61, known as the "Eminent Domain Code."

(b) Entry upon land.-No entry upon real property shall toll the riinning of the period of limitation specified in subsection ( a ) ( l ) , unless a possesscry action shall he commenced therefor within one ycar after entry. Such an entry and commencement of a possessory action, w i t h out recovery therein, shall not toll the running of snch period of limitation in respect of another possessory action, unless such other possessi~ry action is commenced within one year after the termination of the first. $ 5531. No limitation.

The followin!: actions and proceedin3s may he commenced at any lime notwithstanding any other provision 3f this subchapter except section 5521 (relating to limitations on foreign claims):

(1) An action against an attorney-at-law by or on behalf of a client to cnIorce any implied or resulting trust as to real property.

i in urtion by the Commonwealtll, a county or an nstitutlo:; district against the real or personal property ~f persons who wcre public charges, including mental >aticnts, to recovCr the cost of their maintenance and ;upport.

(3) An action by the Commonu~calth, a county or an nstitution district against the r ~ a l or personal property ~f persons who wcre legally liable to pay for the main- .enance and support of persons who were public charges, ncluding mental patients, to recover the cost of their naintenancc and support. i 5532. Absence or concealment.

(a) ~~~~~~l rule.-!f, when a cause of action ,gainst a person, he is withollt this commonwealth, the inle within which the action or proceeding must be nenced shall be computed frorn the time he comes into ,r returns to this Commonwealth. If, after a cause of ~ction has accrued against a person, hc departs from this :ommonwealth and remains cm~:inuously absent there.

for four months or more, or he within this :ommonwealth false name which is a the person cntitlcd ta conlmcnce thc action u r proceed- ng, the time of his absence or residence within this :ommonw~alth under such a false name is not a part ~f the time within which the action or procceding must be commenced.

(b) Exception.-Subsection (a) does not apply in any f the following cases:

( I ) Whilc there is in force a designation, voluntary or nvoluntary, made pursnant to law, of a person to whom trocess may be delivered within this Commonwealth with he sanre effect as if served personally within this Com- nonwealth.

(2) While a foreign corporation has one or more of-

ficers or other persons in this Commonwealth on whom process against snch corporation may be served.

(3) While jurisdiction over the person af the defendant can he obtained without personal delivery of process to him within this Commonwealth.

(c) Fraudulent concealment.--In the case of a civil action or proceeding against the trustee of an express or implied trust, the time within which such an action or proceeding by or on behalf of a beneficiary on account of fraud must be commenced shall he computed from the discovery of the fraud, or when, by reasonable diligence, the person defrauded might have discovered the fraud. This subsection shall not prevent a hona fide purchaser for value from pleading the applicable statute of limitations. [ § 5533. Infancy, insanity or imprisonment.

If a person entitled to commence a civil action or proceeding is, a t the time the cause of action accrues, a minor, insane or imprisoned on a criminal charge ar conviction for a term less than for life, and the time otherwise limited for commencing the action or proceeding is ten ycars or more and expires no later than ten years after the disability ceases, or the person under the disability dies, the time within which the action or proceeding must be commenced shall he extended to ten years after the disability ceases or the person under the disability dies, whichever event first occurs; ~f the time olherwise limited is less than ten years, tbe time shall be extended by the per~od of disability. The time within which the action or proceeding mnst he commenced shall not be extended by this section beyond 30 years after the cause of action accrues.]

5533. (RESERVED), & 5534, war,

(a) cause of rccruing i? foreign country,- whcrr a cause of action, whether acr:rued in f;,,,, of a resident or nonresidt.nt ,,f this ~ommon,~.ealtl,, a2cruefi in a forl.ign country with united states any of its allies were then or suhscquently war, or territory then or subsequently occupied by the go-.ernmeni of such foreign couniry, the time which elapsed between the comn~encement of the war, or of such occupation, and the termination of hostilities with such country, or of such occupation, is not a part of the time wilhn which the civil action or proceeding must be commenced, notwithstanding any other prsvision of this subchapter.

(b) Alien a party.-Where a person is unable to commence an action or proceeding within this Common- xcealth because any party is an alien subject or citizen of z fcreign country zit war with the United States or any ~f its allies, wheiher the cause of action accrued during or prior to the war, the time which elapsed between the commencement of the war and the termination of hontilitics with such country is not a part of the time within which the civil action or proceeding must he commenced, notwithstanding any other provision of this subchapter.

(c) Non-encmy in enemy country or enemy-occupied territory.--Where a person entltled to commence an ac- tinn or proceeding, other than a person entitled to the henel~ts ol slibsect~on (h) , is a resident of, or a sojourner in, a forfign country with which the United States or any of its allles Lre at war, or territory occupied by the government of such foreign country, the period of such residence or sojcurn during .which the war continues or the territory is so oxupled rs not a part of the time within which the civil action or proceeding must he commenced, notxvithstanding any other provisioll of this suhchapter. S 5335. Effect of other actions and prcccudings.

( a ) Termination of prior mat ter- ( I ) If a civil action or proceeding is timely commenced

and is terminated in any other mnnncr than by a voluntary non-suit, a discontinuance, a dismissal for neglect to pmsccnte the action or proceeding, or a final jugment upon the merits, a party, or his successor in interest, may, n~tni ths tanding any other provision of this suhchapter, commence a new action or proceeding npon the same cavse of action within one year after the termination and any other party may interpose any defense or claim which might have hecn interposed in the original action or proceeding.


(2) Paragraph (1) does not apply to an action to recover damages for injury to the person or for the death of an individual caused by the wrongful act or neglect of another.

(b) Stay of matter.-Where the commencement of a civil action or proceeding has been stayed by a court or by statutory prohibition, the duration of the stay is not a part of the time within which the action or proceeding must he commenced.

(c) Arbitration.-Where it shall have been determined that a party is not obligated to submit a claim to arbitration, the time which elapsed between the demand for arbitration and the final determination that there is no obligation to arbitrate is not a part of the time within which a civil action or proceeding upon such claim must he commenced. The time within which the action or proceeding must be commenced shall not be extended by this subsection beyond one year after such final determination. $ 5536. Construction projects.

(a) General rule.-Except as provided in subsection (b) , no civil action or proceeding shall be commenced against any person lawfully performing or furnishing the design, planning, supervision or observation of construe- tion, or construction 01 any improvement to real property more than 12 years after completion of construction of such improvement to recover damages for:

(1) Any deficiency in the design, planning, supervi- sian or observation of construction or construction of the improvement

( 2 ) Injury to property, real or personal, arising out of any such deficiency.

(3) Injury to the person or for wrongful death arising out of any such deficiency.

(4) Contribution or indemnity for damages sustained on account of any injury mentioned in paragraph (2) or (3).

(b) Exceptions.- (1) If an injury shall occur more than ten and within

13 years after completion of the improvement a civil action or proceeding within the scope of subsection (a) may be commenced within the time otherwise limited by this subchapter, but not later than 14 years after completion of construction of such improvement.

(2) The limitation prescribed by subsection (a) shall not be asserted by way of defense by any person in actual possession or control, as owner, tenant or otherwise, of such an improvement at the time any deficiency in such an improvement constitutes the proximate cause of the injury or death for which it is proposed to commence an action or proceedmg.

(c) No extension of limitations.-This section shall not extend the period within which any civil action or proceeding may be commenced under any provision of law.

SUECHAPTER C

CRIMINAL PROCEEDINGS

Sec. 5551. No limitation applicable to murder. 5552. Other offenses. 5553. Tolling of statute. 5 5551. No limitation applicable to murder.

A prosecution for murder may be commenced at any time. g 5552. Other offenses.

( a ) General rule.-Except as otherwise provided in this section, a prosecution for a n offense other than murder must he commenced withu~ two years after it n committed.

(b) Major offenses.-A prosecution for any of the following offenses under Title 18 (relating to crimes and offenses) must be commenced within five years after it is committed:

18 Pa.C.S. 5 3123 (relating to involuntary deviate sexual intercourse).

18 Pa.C.S. 5 3301 (relating to arson and related offenses).

18 Pa.C.S. 5 3502 (relating to burglary). 18 Pa.C.S. $ 3701 (relating to robbery). 18 Pa.C.S. g 4101 (relating to forgery). 18 Pa.C.S. 5 4902 (relating LO perjury).

(c) Exceptions.-If the period prescribed in subsection (a) or subsection (b) has expired, a prosecution may nevertheless he commenced for:

(1) Any offense a material element ol which is either fraud or a breach of fiduciary obligation within onc year after discovery of the offense by an aggrieved party or by a person who has a legal duty to represent an a&-. grieved party and who is himself not a party to the offense, but in no case shall this paragraph extend the period of limitation otherwise applicable by more than three years.

( 2 ) Any offense committed by a public officer or employec in the course of o r in connection with his office or employment at any time when the defendant is ill public office or employment or within two years thereafter, but in n o case shall this paragraph fxtend th? period of limitailon otherwise applicable by more tha:~ three Years.

(d) Commission of offense.-An offense is committed either when every element occurs, or, if a legislative purpose to prohibit a continuing course of conduct plainly appears, at the time when the course of conduct or the complicity of the defendant therein is terminated. Time starts to run on the day after the offense is committed.

(e) Commencement of prosecution.-Except as otherwise provided by general rule adopted pursuant to section 5503 (relating to commencement of matters), a prosecution is commenced either when [or when a warra,nt, summons or citation is issued, if such warrant,] an m- dictment is found or an information under section 11331!b) (relating to indictment and information) is issued, OR WHEN A WARRANT, SUMMONS OR CITATION IS IS- SUED, IF SUCH WARRANT, summons or citation is executed without unreasonable delay. § 5553. Tolling of statute.

The period of limitation does not run during any time when:

(1) the accused is continuously absent from this Com- monwealth or has no reasonably asrertainable place of abode or work within this Commonwealth; or

(2) a prosecution against the accused for the same conduct is pending in this Commonwealth.

SUBCHAPTER D

APPEALS

see. 5571. ~~~~~l~ generally. 5572. ~i~~ of entry of order, 5573. ~ f f e c t of application for =ehearing. 5574. Effect of application for amendment to qualify for

interlocutory appeal. 5 5571. Appeals generally.

(a) General rule,-The time for filing an appeal, a petition for allowance of appeal, a petition for permission tc appeal or a petition for review of a quasijudicial order in the Supreme Court, the Superior Court or the Com- monwealth Court shall be governed by general rules. Nc other provision of this subchapter shall be applicable t c matters subject to this subsection.

(h) Other courts.-Except as otherwise provided in subsections (a) and (c), an appeal from a tribunal to a courl or from a court to an appellate court shall be commenccC within 30 days after the entry of the order from whict the appeal is taken, in the case of an interlocutory or fina' order.

(c) Exceptions.- (1) Election and financing cases. The time for appea

from an order in any matter arising under the act of Junt 3, 1937 (P. L. 1333, No. 320), known as the "Pennsylvani; Election Code," or any other statute relatlng to registration or elections. or the act of July 12, 1972 (P. L. 781, No 185), known as the "Local Government Unit Debt Act,' o r any other act relating to the incurring of debt by ; government unit, shall if such statutes provide for a lessei time for appeal, be governed by the appropriate provisior of such statutes.

(2) Probate matters. The time for appeal from an ordei of a register of wills under Title 20 (relating to decedents estates and fiduciaries) shall, if such statute provides ; greater time for appeal, be governed by the appropriatr provision of such statute.


(3) Execution matters. The time for appeal from an order of any system or related personnel entered in con- rlection with enforcement of attachments, judgments or similar process or orders shall be governed by general rule.

(d) Interlocutory appeals,-A petition for permission to appeal from an interlocutory order shall be filed within 30 days after its entry.

(e) Action following grant of permission to appeal.- The period limited by this section is tolled by the filing of a petition for permission to appeal. If the petition is granted further proceedings in the matter, including any time limitations, shall be governed by general rules or rules of court, and not by the provisions of subsections (b) through (d).

(f) Cross appeals.-An appellee may be permitted by general rules or rules of court to take an appeal within the time limited by rule from an order from which another party has taken a timely appeal, notwithstanding the fact that the time otherwise limited by this section has expired. 5 5572. Time of entry of order.

The date of service of an order of a government unit, which shall be the date of mailing if service is by mail, shall be deemed to be the date of entry of the order for the purposes of this suhchapter. The date of entry of an order of a court or district justice may be specified by general rules. S 5573. Effect of application for rehearing.

If an application for rehearing or reconsideration of an order is made to a tribunal the effect thereof on the time for appeal from such order shall be governed by general rules adopted pursuant to section 5502 (relating to method of computing periods of limitation generally). § 5574. Effect of application for amendment to qualify

for interlocutory appeal. If an application is made to a tribunal within 30 days

after the entry of an interlocutory order not appealable as a matter of risht for an amendment of such order to set forth expressly the statement specified in section 702(b) (relating to discretionary allowance of appeals), the time for filing a petition for permission to appeal from such order shall run frnm the cntry of the order ienying the amendment or amending the order, as the 2ase may be.

CHAPTER 57

BONDS AND RECOGNIZANCES

Subchapter A. General Provisions B. Professional Bondsmen

SUBCHAPTER A

GENERAL PROVISIONS

Set. i701. Right to bail. i702. Bail to be governed by general rules. i 5701. Right to bail.

All prisoners shall he by sufficient sureties, Lnless for capital offenses the proof is evident or ,resumption great. ~~~~~~i~~ bail shall not be required,

5702. Bail to be governed by general rules. Except as otherwise provided by this title and the laws

elating to the regulation of surety companies, all matters elating to the fixing, posting, forfeiting, exoneration and !istribution of bail and recognizances shall be governed ly general rules.

SUBCHAPTER B

PROFESSIONAL BONDSMEN

,ec. 741. Definitions. 742. Registration and licensure required. 743. Issuance of license. 744. Office. 745. Refusal to grant or renew license. 746. Suspension or revocation of license. 747. Statements by fidelity or surety companies.

5748. Maximum premiums. 5749. Prohibitions and penalties. 5 5741. Definitions.

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

"Office of the clerk." The office of the clerk of the court of common pleas of each judicial district in which a professional bondsman engages in the business of a professional bondsman.

"Professional bondsman." Any person, othcr than a fidelity or surety company or any of its officers, agents, attorneys, or employees, authorized to execute bail bonds or to solicit business on its behalf, who:

(1) engages in the business of giving bail, ,giving or soliciting undertakings, or giving or soliciting ~ndemnity or counter-indemnity to sureties on undertakings; or

(2) within a period of 30 days has become a surety, or has indemnified a surety, for the release on bail of a person, with or without a fee or compensation, or promise thereof, in three or more matters not arising out of the same transaction. $ 5742. Registration and licensure required.

(a) General rule.-No professional bondsman shall become surety an any undertaking, and no person shall engage in or continue to engage in business as a professional bondsman, unless he has been registered and is currently licensed as a professional bondsman by the Insurance De- partment as provided in this subchapter and has filed a copy of his license in the office of the clerii in the manner provided by general rules.

(h) Form of application.-Every application for registration and licensure as a professional bondsman shall be niade in writing upon such form as may he prescribed by regulations promulgated by the Insurance Department. § 5743. Issuance of license.

(a) General rule.-The Insurance Department, upon receipt of:

(1) an application for registration and liccnsure as a professional hondsman; and

( 2 ) an annual license fee of $50; shall, if it approves the application, register the applicant as a professional hondsmon and issuc him a license.

(b) Duration.-Each license shall be valid for one year following the date of issue.

( c ) Nontransferable.-No liccnse issued under this subchapter shall be assigned or transferred. § 5744. Office.

No license shall be issued to, and no privileges or rights conferred by any license issued under the provisions of this subchapter shall be exercised by, any professional bondsman, unless such professional bondsman has and shall thereafter maintain an office in the county in which h e conducts or intends to conduct his business. § 5745. Refusal to grant or renew license.

The Insurancc Department, upon the written request of any applicant for a license or for renewal thereof whose application therefor has been refused, shall afford such applicarrt a hearing on the question of the grant or re- liewal of a license. § 5746. Suspc'nsion or revocation of license.

( a ) Gcneral rule.-Upon petition r!f the district attorney or hji any interested person to suspend or revoke the license issued to any licensee under this subchapter, a rule shall issue out of the court of common pleas, returnable not less than tcn days after the issuance theroof. It shail be sufficient service of the said rule upon any licensee to leave a ropy thereof at the address filed by thc licensee with the clerk pursuant to this subchapter.

(b) Grounds for suspension or revocation.-Any license issued under the provisions of this suhchapter may be suspended, by any court of co~nmou pleas for a period less than the unexpired portion of the period for which such license shall have been issued, or may be revoked for good cause, or for any on<! or more of the follr~wing causes:

(1) Violation of any of the provisions of this subchapter. (2) Fraudulently obtaining a license under the provi-

sions af this subchapter. (3) Upon conviction for any criminal offense under the

1-iws of this Commonwealth or under the laws of the United States or any oiher jurisdiction.

(4) Upon being adjudged a bankrupt or insolvent.


inn- hetween spouses. I p&son; shall be fully cdmpetent witnesses in any criminal proceedi i before any tribunal.

(5) Failing to pay any judgment rendered on any forfeited undertaking in any court of competent jurisdiction.

(6) Any interference or attempted interference with the administration of justice. 5 5747. Statements by fidelity or surety companies.

Any fidelity or surety company, authorized to act as surety within this Commonwealth, may execute an undertaking as surety by the hand of an officer, employee, agent, or attorney, authorized thereto by a resolution of its board of directors, a certified copy of which, under its corporate seal, shall be filed with the undertaking. Fidel- ity or surety companies engaged in the business of entering bail shall file, with the clerk of the court of common pleas and with the district attorney of each county in which bail is entered, a statemqnt, quarterly on which shall appear a summary of all ball entered by such company during the previous quarter, together with the compensation charged therefor. 5 5748. Maximum premiums.

(a) General rule.-No professional bondsman shall charge a premium or compensation for acting as surety on any undertaking in excess of 10% for the first $100, and 5% for each additional $100 of such undertaking.

(b) Civil penalty.-In any action brought to recover an overcharge by a professional bondsman, where ~ u c h overcharge is proved, the professional bondsman shall be liable to pay treble damages therefor and reasonable counsel fees. 5 5749. Prohibitions and penalties.

(a) Licensing.-Any person who engages in business as a professional bondsman without being registered and licensed in accordance with the provisions of this sub. chapter, or who engages in such business while his license is suspended or revoked, commits a misdemeanor of the third degree.

(b) overcharging.-Any person charging or receiving directly or indirectly any greater compensation for acting as a professional bondsman than is provided by this subchapter commits a summary offense.

(c) Soliciting.-Any person who accepts any fee or compensation for obtaining a bondsman or a recognizance commits a summary offense.

(d) Other violations.-Any person who,violates any section of this subchapter for which no specific penalty other than suspension or revocation of license is provided commits a summary offense.

(e) public officials.-Any law enforcement officer, any employee of a penal institution, or any other system or related personnel, who has, directly or indirectly, any pecuniary interest in or derives any profit from the bonding business or activity of a professional bondsman mits a summary offense.

( f ) Public solicitation.-Any professional bondsman who solicits business in any of courts or on the premises of any tribunal of this commonwealth, including any tribunal conducted by a district justice, commits a summary offense.

CHAPTER 59

DEPOSITIONS AND WITNESSES

Subchcpter A. Wit~esses Generally B. Securing Attendance of Witnesses in Criminal Pr3-

ceedings C. Rendition of Prisoners as Witnesses in Criminal

Proceedings

SUBCHAPTER A

WITNESSES GENERALLY

Sec. 5901. Judicial oath. 5902. Effect of religious beliefs.

5916. Confidential communications to attorney. 5917. Notes of evidence at former trial. 5918. Examination of defendant as to other offenses.

CIVIL MATTERS

5921. Interest not to disqualify. 5922. Disqualification by pcrjury. 5923. Confidential communications between spouses. 5924. Spouses as witnesses against each other. 5925. Testimony by wife against husband in rebuttal. 5926. Testimony by spouse after attack on character or

conduct. 5927. [In actions.] ACTIONS by spouse to recover sep-

arate property. 5928. Confidential communications to attorney. 5929. Physicians not to disclose information. 5930. Surviving party as witness, in case of death, mental

incapacity, etc. 5931. In~ompetent witncsses. 5932. Wltness competent to testify against interest; to

become competent upon rclcase of interest. 5933. Competency of surviving party. 5934. Notes,of evidence at former trial. 5935. Exammatlon of person adversely interested.


5941. [Whol PERSONS WHO may be compelled to testify.

5942. Confidential communications to news reporters. 5943. Confidential communications to clergymen. 5944. Confidential communications to licensed psychol-

ogists. 5945. Confidential comn~unications to school personnel. 5946. Confidential conimunications to certified public

accountants. 5947. Competency of witnesses and jurors. [5948. Order to testify in cases involving organized

crime or racketeering.] 5948. (RESERVED). 5 5901. Judicial oath.

(a) General rule.-Every witness, before giving any testimony shall take an oath in the usual or common form, by layillg the hand up011 an open copy of the Holy Bible, or by lifting up the right hand and pronouncing or assenting to the following words: ''I, A. B., do swear by Almighty God, the searcher of all hearts, that I will

, and that as I shall answer to God at the last great day." Which oath so taken by perions who conscientiously refuse to take an oath in the common form shall be deem. ed and taken in law to have the same effect as an oath taken in common form.

(b) Right to affirm.-The affirmation may be administered in any judicial proceeding instead of the oath, and shall have the same effect and consequences, and any witness who desires to aflirm shall be permitted to do so. 5 5902. Effect of religious beliefs.

(a) Religious opinions not to disqualify.-The capacity of any person to testify in any judicial proceeding shall not he affected by his opinions on matters of religion.

(b) Religious belief may not be shown.-No witnesr shall be questioned, in any judicial proceeding, concerning his religious bclief; nor shall any evidence be hear6 upon the subjcct, for the purpose of affecting either hi: competency or credibility.

(c) Definitions.-As used in this section the followin6 words and phrases shall have the meanings given to t h e r in this subsection:

"Judicial pi.oceedings." lncludes all matters of whatever nature, relating to practice in or authorized by an> tribunal whether of record or not of record, within thir Commonwealth.

"Witness." Includes every person who shall make statements, either oral or written, in any judiclnl pro- ceedine.

1976. LEGISLATIVE JOURNAL--HOUSE 5817

5 5912. Disqualification by perjury. In a crlminal proceeding, a person who has been con-

victed in a court of this Commonwealth of perjury, which term is hereby declared to include subornation of or solicitation to commit perjury, shall not be a competent witncss for any purpose, although his sentence may have been fully complied with, unless the judgment of conviction be judicially set aside or reversed, or unless the i,rocceding is one to punish or prevent injury or violence attempted, done, or threatened to his person or property; in which cases hc shall he competent to testify. 5 5913. Spouses as witnesses against each other.

Except as otherwise provided by statute, in a criminal proceeding husband and wife shall not be competent or permitted to testify against each other, except that in prr~ceedings for descriion and maintenance, and in any cr~minal proceeding against either for bodily injury or violrnce atteinpted, done or threatened upon the other, or upon the mincr children of said husband and wifc, or the niinor children of eilhcr of them, or any minor child in their care or custody. or in the care or custody of either of them, each shall be a ci>mpetent witness against the other, and except also that either of them shall be competcnt merely to prove the fact of marriage, in support of n criminal charge of bigamy alleged to have been comn~itted by or with ibe other. 5 5911. Confidential communications hetween spouses.

Except 2s otherwisc provided by statute, in a criminal proceeding ncither husband nor wife shall be competent or permitted to testify to confidential communications made by one to the other, unless this privilege is waived upon the trial. 5 5915. Testimo~ry by spouse in rebuttal.

In any criminal proceeding brought against the husband or wife, if the defendant makes defense at the trial upon n:ly ground which attacks the character o r conduct of his or hcr spousc, the spwse attacked shall be a competent $3-itncss in rc,buttal for the Commonwealth. 5 5916. Confidential communications to attorney.

In a criminal proceeding counsel shall not be competent or permitted to testify to confidential communications made t o him by his client, nor shall the client be rompelled to disciose the same, unless in either case this nririlrge is waivcd upon the trial by the client. 3 5Y17. Notes of evidence at former trial.

ilJhenevcr iny prrson has hcen ~xamined as a witness, .itllcr for the Comxlonwcalth or for the deicnse in any :riminn1 prilcccding c o n d ~ ~ ~ t e d in or before a &rt of .,.,:ord, llnd the defendant has been and has had

i;p!,ortunity to or if such less afterwards dies, or is out of the jurisdiction so that l e camlot be effectively served with a subpoena, or if l e cannot be found, or if he becomes incompetent to .estiiy for any legally sufficient reason properly proven, lotci of his examination shall be competent evidence ipon a subsequent trial of the same criminal issue. For .he purpose of contradicting a witness the testimony ?i;-cn by him in another or in a former proceeding may )e orally proved. i 5i118. Examination of defendant as to other offenses.

No person charged with any crime and called as a wit- less in his own behalf, shall be asked, or if asked, shall ,e requircd to answer, any question tending to show that le has committed, or been charged with, or been con- k t c d of any offense other than the one wherewith he .hall then be charged, or tending to show that he has ~ e e n of bad character or reputation unless:

(1) he shall have at such trial, personally or by coun- ;el, asked qiiesti~ns 01 the witness for the prosecution with a view to establish his own goad reputation or zharacter, or has given evidence tending to prove his ~ w n good character or reputation; or

(2) hc shall testified at such trial against a co-de- endant, charged with the same offense.

CIVIL MATTERS

i 5021. Interest not to disqualify. In any civil matter before any tribunal af this Com-

nonwealth, or conducted by virtue of its order or direc- ion, no liability merely for costs nor the right to corn- ,ensation possessed by an executor, administrator or

other trustee, nor any interest merely in the question on trial, nor any other interest, or policy of law, except as is provided in this subchapter, shall make any person incompetent as a.witness. 5 5922. Disqualiflcation by perjury.

In a civil matter, a person, who has been convicted In a court of this Commonwealth of perjury, which term 1s hereby declared to include subornation of or solicitation to commit perjury, shall not be a competent witness for any purpose, although his sentence may have been fully complied with, unless the judgment of conviction be judicially set aside or reversed, or unless the matter is one to redress or prevent injury or violence attempted, done or threatened to his person or property, in which cases he shall be permitted to testify. § 5923. Confidential communications between spouses.

Except as otherwise provlded by statute, in a civil matter neither husband nor wife shall be competent or permitted to testify to confidential communications made by one to the other, unless this privilege is waived upon the trlal. 5 5924. Spouses as witnesses against each other.

Except as otherwise provided by statute, in a civil matter neither husband nor wife shall be competent or permitted to testify against each other, except in:

(1) Proceedings brought by a wife to be declared a feme sole trader.

(2) Actions for divorce. 5 5925. Testimony by wife against husband in rebuttal.

In any clvll actlon brought against the husband to recover necessaries furnished to the wife, if the husband makes deiense at the trial upon the ground that his wife had left him without justification or excuse before the necessaries were furnished, or upon any other ground whi-h attacks the character or conduct of the wife, she shall be a competent witness in rebuttal for the plaintiff. 5 5926. Testimony by spouse after attack on character

or conduct. In all civil actions brought by either the husband or

wife, either the husband or the wifc shall be a competent witness in rebuttal, when his or her character or conduct is attacked upon the trial thereof, but only in regard to the matter of his or her character or conduct. $ 5927. [In actions] ACTIONS by spouse to recover sep-

arate property. In any action brought by either the husband or wife to

protect and recover the separate property of either, both shall be ,fully competent witnesses? except that neither may tefit~ly to confldentlal eommun~cations made by one or the other, unless this privilege is waived upon the trial. 5 5928. Confidential communications to attorney.

In a civil matter counsel shall not be competent or germitted to testlfy to confidential communications made to him by his clieut, nor shall the client be compelled to disclose the same, unless in either case this privilege 1s waived upon the trial by the client. 5 5929. physicians not to disclose information,

NO physician shall be allowed, in any civil matter, to disclose any information which he acquired in attending the patient in a professional capacity, and which was necessary to enable him to act in that capacity, which sh-I1 tend to blacken the character of the patient, without consent of said patient, except in civil matters brought by such patlent, for damages on account of personal in- lurles. 5 5930. Surviving party as witness, in case of death,

mental incapacity, etc. Except as otherwise provided by statute, in any civil

action. or prpceeding, where any party to, a thing or contract in actlon IS dead, or has been ad~udged a lunatic and his right thereto or the re~n has passed, either by his own act or by the act of the law, to a party on the record who represents his interest in the subject in controversy. neither any surviving or remaining party to such thing or contract, nor any other person whose interest shall be adverse to the said right of such deceased or lunatic party, shall be a competent witness to any matter occurring before the death of said party or the adjudication of his lunacy, unless the action or proceeding is by or against the surviving or remaining partners, joint promisors or joint promisees, of such deceased or lunatic party, and the matter occurred between such survlvlng or remn-


ing partners, joint promisors or joint promisees and the other party on the record, or between such surviving or remaining partners, promisors or promisees and the person having an interest adversc to them, in which case any person may testify to such matters; or, unless the actlon is a possrssory action against several defendants, and one or more c;f said defendants disclaims of record any title to the premises in controversy at the time the sult was brought and also pays Into court the costs nc- crued at the time of his disclaimcr, or gives security therefor as the court in its discretion may direct, in which case such disclaiming defendant shall be a fully competent witnrss; or, unless the issue or inquiry be devisavit vel non, or be any 0 t h ~ ~ issue or inquiry respecting the property of a dcceased owner, and the controversy is between parties respectively claiming such property by devolution on the death of such owner, in which casp all persons shall he fully competent witnesses. 5 5'131. Incompetent witnesses.

No person who is incompetent under section 5922 (relating to disqualification by perjury), section 5923 (relating to confidential camm~inlcations hetwcen spouses), sPr- tion 5924 (relating to spouses as witnesses against each other) and section 5928 (relating to confidential communications to attorney) shall bccome competent by the gencral language of scction 5930 (relating to surviving party as witness, in case of death, mental incapacity, etc.). 5 5932. Witness competent to testify against interest; to

h ~ c o m e competent upon release of interest. Any person, who is incompetent under section 5930 (re-

lating to surviving party as witncss, in case of death, mental incapacity, etc.) by rcason of interpst, may never- t h e l ~ s s hc called to tcstily against his own interest, and in that event he shall become a fully competent witness for either party. Such person shall also become fully competent for either party by filing of record a release or extinguishment of his interest. $ 5033. Competency of surviving par*.

(a) Genera! rule.--In any civil rction or proceeding before any tribunal of this Commonu~ealth, or conducted by virtue of its order or direction, althourh a party to the thing or contract in action may be dead or may haye been ad~udged a lllnatlc, and his right thereto or therein may have passed, either by his own act or by the act of the law, to a party on record who represents his interest in the subject in controversy, nevertheless any surviving or remaining party to ~ u r h thing or contract or .In!+ other prrson whose in te r~s t is a d v ~ r s e to the said rinht of suc:h deccascd or lunatic party, shall he a ComPetrnl. witness to any rrlevant matter. although it may have occurred hefore the death of said party or the adjudication of his lunacy, if and on!^ if such relevant matter occurred between himself and another person who may he living at the time of thc trial and may he compeient to testify. and who does so testify upon the trial against such sllrviving or remaining party or against the person whose interest may be thus adverse, or if such relcvant matter occurred in the presence or hearing of such othcr living or competent person.

(h) Testimony by deposition.-The testimony now made competent by suhsection (a) may also be taken hy commission or deposition in accordance with law, and, in that event, the deposition thus taken shall be com- pctcnt evidence at the trial or hearing, althoufih the person with whom or in whose presence or hearing such relevant matter occurred, may die or become incompetent after the taking of such deposition. Q 5914. Notes of evidence at former trial.

Whenever any person has been examined as a witness in any {:ivil matter before any tribrlnal of this commonwealth or by "idue its order or direction, if such witness uftcrwards dies, or is out of the jurisdiction so that he be effectively served with a poena, or if he cannot be found, or if he becomes incam. petent to testify for any !fgal~y sufficient reason, and if the party, against whom notes of the testimony of such witness are offered, had actual or constructive notice of the examination and an opportunity to be present and examine or cross-examine, property proven notes of the examination of such witness shall be competent evidence in any civil iss~ie which may exist at the time of his examination, or which may be afterwards formed be-

tween the same parties and involving the same subject- matter as that upon which such witness was so examined. For the purpose of contradicting a witness, the testimony given by him in another or in a former proceeding may be orally proved. Q 5035. Examination of person adversely interested.

In any civil action or proceeding, whether or not it is brought or defended by a prrson representin,g the in- tercsts of a deceased or lunatic assignor oP any thing or contract in action, a party to the record, or a person for whose immediate henelit such proceeding is prosecuted or defended, or any director or other officer of a person which is a party to the record, or for the immediate benefit of which such action or proceeding is prosecuted or defended, or any other person whose interest is adverse to the party calling him as a witness, may be compelled by the adverse party to testify as i f under cross-examination, subject to the rules of evidence applicable to wit- ncssus under cross-examination, and the adverse party calliug such witnesses shall not be concluded by his testimony, but such person so cross-examined shall becomc thereby a fully competent witness for the other party as to all relevant matters whether or not these matters were touched upan in his cross-esamlnatlon, and also, where one of the scveral plaintiffs or defendants, or the person for whose immediate bcnefit such proceeding is prosecuted or deiended, or such dirpctor or officer, or such other person having an adverse interest, is cross-examined under this section, his co-plaintiffs or co-defendants, or fellow directors or officers? shall thereby become fully competent wltnesses on thelr own behalf, or on behalf of the person of which they shall be directors or officers, ac to all relevant matters, whether or not these matters were touched upon in such cross-examination.


5 5941. [Who] PERSONS WHO may be compelled to testify.

Except defendants actually upon trial in a criminal proceeding, any competent witness may be compelled to testify in any matter, civil or criminal; but he may not be compelled to answer any question which, in the opinion of the trial judge, would tend to incriminate him; ,or may the neglect or refusal of any dcfrndant, actually upon trial in a criminal proceeding, to oflcr himself as a witness, be treated as creating any against him, or be adversely referred to by court or counsel during the trial. 6 ~ 1 4 2 . Confidential aommunicatinns to news reporters.

(,) General rule.--No person cngaged on, connected with, or employed by ?ny newspaper of general circulation or any press association or any radio qr television station, or any magazine of general circulat.~on, for the purpose of gathering, procuring, compiling, editing or publishing news, shall be rcrjuircd to disclose the source of any information procured or obtained by such person. in any legal proceeding, trial or inlrcstigation before any government unit.

(b) Exception.-The provisivns of s~~hsection (a) in so far as they relate to radio or television.stations shall not apply unless the radio or television statlon maintains and keeps open for incpection. for a period of at least one year from the date o f the actual broadcast or telecast, an exact recording, transcription, kinescopic film or certified written transcript of the actual bfoadcast or telecast. 5 5943. Conf~dential commllnicatlons to clergymen.

No clergyman, priest, rabbi or minister of the gospel ol any regularly estahlish~d church or religious organization, except clergymen or ministers, who are self-or- dained or who are members of religious organizations in which members other than the leader thereof are deemed clergymen or ministers, who while in the course of hir duties has acquired information from any person secretly and in confidence shall be compel!ed, or allowed without consent of such. persnn, to disclose that information in any legal proceeding, trial or investigation before any government unit. 5 5941. Confidential commirnications to licensed psy-

chologists. No person who has been licensed nnder the act of

March 23, 1972 (P. L. 136, No. 52), to practice lsychologg shall be, without the written consent of his client, ex-


exemplifications of the document lawfully certified, shall be legal evidence in all matters in which the document would be competent testimony. 5 6107. Judicial notice of certain local government ordi-

nanccs. (a) General rule.--The ordinances of municipal corpo-

rations of this Commonwealth shall be judicially noticed. (h) Manner of proving ordinances.--The tribunal may

inform itself of such ordinances in such manner as it may deem proper and the tribunal may call upon counsel to aid it in obtaining such information,

(c) Ccnstruction of ordinances-The construction of such ordinances shall he made by the court and not by the jury and shall be reviewable. Q 6108. Business records.

(a) Short title of section.-This section shall be known and may be cited as the "Uniform Business Records as Evidence Act."

(b) General rule.-A record of an act, condition or evcnt shall, in so far as relevant, be competent evidence if the custodian or other qualified witness testifies to its identity and the mode of its preparation, and if it was made in the regular course of business at or near the time of the act, condition or event, and if, in the opinion of the tribunal, the sources of information. method and time of preparation were such an to justify its admissi?n.

(c) Definition.-As used in this section "business" ~ n - cludes every kind of business, profession, occupation, calling, or operaticn of institutions whether carried on for profit or not. 6 6109. Photoeraohic copies ol business and public

records. (a) Short title of section.-This sertion shall be known

and may be cited as the "Uniform Photographic Copies of Businrss and Public Records as Evidence Act."

fh) General rule-If anv hasiness institui.iiin. mrrnher , . - ~ ~~- - ~~ -~ ~. ~ - ~ ~ ~ - ~ ~ ~

of a procession or calling,"or any department or agency of zovercment. in the regular course of business or activity, has k&t or recorded any memorandum, writing,

(1) The opinion of any person acquainted with the handwriting of the supposed writer.

(2) The opinion of those who have had special experience with, or who have pursued special studies relating to, documents, handwriting, and alterations thereof, who arr. called expcrts in this section.

(b) Comparison of handwriting.-It shal! be competent for experts in giving their testimony, under the provisions of this section, to make cirmparison of documents and comparison u i disputed handwriting with any documents or writing arln~itted to be grnuine, or proven to the satisfaction of the judge lo be genuine, and thc evidence of such experts respccting the samc shall bc s~ibmittfd to the jury as cridcnce of the genuinenes or otherwise of the writing in dispute.

(c) Comparisi~n of signatures.-lt shall be competent for experts in formulating thcir opinions to the court and jury to place the genuine and disputed signatures or writing in juxtaposition, and tn clrnw the attention of the jury thereto; and it shall furthermore be competent for counsel to require of an expert a statement of the principles on which he has based his work, the details of his work, and his opinion that the results are important to the point at +sue, or the reasoning, analysis and investigation by which he has arrived at his opinion.

(d) Jury question-The opinions oC the witnesses to handwriting bring submitted r1.s competent testimony to thc jury, the final dcterminntion as lo w h e l h ~ r any particular handwriting is geliliine or simulated shall remain, as heretofore. a oceslirin lor the iurv on all the evidence , . . . submitted.

I Introduction or parol evidence alter refusal tc produce doc~iments.

In 311 matters wherein any person is directed by s courl to produce any documents and such person refusc: to nroduce s ~ ~ c h documents. and for such r e f ~ ~ s a l is 3t- tached and imprisoned by a court, and subsequently discharged, persisting in such refusal, parol evidence shal~ be received in relation to the existc:nce and contents o '

Eh6tographlc. or other process whlch accuratclv renro- 1

entry ,pr int , representation, or combination thereof. if any act, transaction, occurrence or event, and in the regular course of business has caused any or all of the same to be recorded, copied or reproduced by any photo- e r a ~ h i c . ~hotostatic. microfilm. micro-card. miniature

duces.or-forms a durable medium for so reprod;cinh the original, the original may be destroyed, in the regular course of business, unless its preservation is required by law. Any such reproduction in order to comply with this section must accurately reprud~~ce all lines and markings which appear on the original. Such reproduction, when iatisfactorily identified, is as admissible in evidence as the original itself in any judicial or administrative proceeding, whether the original is in existence or not, and an enlargement or facsimile of such reproduction is likewise admissible in evidence if the original reproduction is in existence and available for inspection under direction of the tribunal. The introduction of a reproduced record, enlargement or facsimile does not preclude admission of the original. 5 6110. Registers kept by religious societies and muni-

cipalities. (a) General rule.-The registry kept by any religious

society in their respective meeting-book or bnoks of any marriage. birth or burial, within this Commonwealth, shall be held good and authentic, and shall be allowcd of upon all occasions what,soerer.

(b) Foreign burials.-The registry of b~urials of any religious society or corporate town, in nlaces out of the United States, shall be prima facie evidence of the death of any person whose burial is therein registered, and of the time of his interment, if the time be stated in the registry, and extracts from such registries, certified by the proper officers. in the mode of authentication usual in the place in which they are made and authenticated as provided in section 5328 (relating to roof of official records), shall be received as copies o?such registries, and be evidence accordingly.

s~ich documents.

SUBCHAPTER B

EMINENT DOMAIN MATTERS

B 6111. Handwriting. (a) Opinion evidence as to handwriting.-Where there

is a question as to any writing, the opinions of the iollowing persons shall be deemed to he relevant:

sec. 6121. Eminent domain matters. 8 6121. Eminent domain matters.

Eminent domain mattcrs shall be governed by the pro visions of Article V!I of the act of June 22. 1964 (So Sess., P. L. 84, No. 0) , known as the "Eminfnt ~ o m a f r Code" (relating to evidence) in addition to thc provision: of this subchaptcr.

SUBCI-IAPTER C

BLOOD TESTS TO DETElIMINE PATERNITY

6135. Com!xnsatiun 6: experts 8136. Ellcct ol test results. G:37. Effect on presumption of legitimacy. $ tii31. Short title ol subchapter.

This subchapter shall he known and may he cited a the "Uniform Act on Blood Tests to Determine Paternity. S 6132. Scop- of subchapter.

(a) Civil matters.-This subchapter shall apply to al civil matters.

(b) Criminal proceedings.-This subchapter shall appl: to all criminal proceedings subject to the following limi tations and provisions:

(1) An order for the tests shall, be,made only upo 3ppl:cation 01 a party or oil the in~tlatlve of the court.

(2 ) The compensation of thc experts shall be paid b the party requesting the blood test or by the county, a the court shall direct.

(3) The court may direct a verdict of acquittal upo the conclusions of all the experts under the provisions c section 6136 (relating to effect of test results), otherwis


(2) The cost of care and support of a child committed by the court to the legal custody of a public agency approved by the Department of Public Welfare other than one operated by the Department of Public Welfare, or to a private agency approved by the Department of Public Wclfare, or individual othcr than a parent.

(3) Thc costs of the proceedings undcr thls chapter and other related expenses.

(b) Reimbursement of expenses.-If, after due notice to the parents or other ,persans legally obligated to care for and support the chlld, and after affording them an opportunity to be heard, the court finds that they are iinancial!y able to pay,ail or part of the costs and ex- punses stated in subsection (a ) , the court may order them to pay the same and prescrihe the manner of payment. Unless otherwise ordered, paynient shall be made to the clerk uf the court for remittance to the person to whom compensation is due, or if the costs and expenses have been paid by the county, to the [judicial and correctional account of the] county. 5 6307. Inspection of court Siles and records.

All files and records of the court in a proceeding under this chapter are open to inspection only by:

(1) The judges, of1icers and professional staff of the court.

(2) The parties to the proceeding and their counsel and representatives, but the persons in this category shall not be permitted to sce reports revealing the names of confidential sources of inlormation contained in social reports, except at the discretion of the court.

(3) A public or private agency or institution providing supervision or having custody ol the child under order ~f the court.

( 4 ) A court and its probation and other officials or pro- iessional staEP and the attorney for the defendant for USP ill preparing a presentence report in a criminal case in which the defendant is convicted and who prior thereto had been a party to a proceeding under this zhapter. (5) 'I he Administrative Office of Pennsylvania Courts. ( 6 ) With leave of court, ally other person or agency

,r institution having a legitimate interest in the pro- :exlings or in the wor!i of the unified jvdicial system.

6308. Law enforcement records. Law :>nforwment records and files cuncurning a child

;li;il be kcpt separate from the rfcorrls and f i l e s of ar- .ests a1 adults. Unless a charge ol delinquency !s trans- 'errcd for criminal prosecution under secl.ion 6355 (re- ating to transfer to criminal procecdingsl, the interest of iational security requires, or the Court otherwise orders n the interest of the child, the rcrords and files shall not IC open to public inspection or their contents disclosed o Lhe public; but inspection ol the records and files is ,ermltted by:

(1) The court having the child hefore it in any pro- ,ceding.

(2) Counsel for a party to the proceeding. (3) The officers of institutions or agencies to whom the

hild is committed. (4) Law enforcement officers of other jurisdictions

rhen necessary for the discharge of their official duties. (5) il court in which the child is convicted of a

riminal offcnse for the purpose of a presentence report r orher dispositional proce~ding, or by officials of penal nstitutions and other penal facilities to which he is ommitted, or by a parole board in considering his parole r discharge or in exercising supervision over him.

SUBCHAPTER B

JURISDICTION AND CUSTODY

:kc. 321. Cornmcncement of proceedings. 322. Transfer from criminal proceedings. 323. Inforn~ai adjustment. 324. Taking into custody. 325. Detention of child. 226. Release or delivfry to court. 327. Place of detention. 6321. Commencement of proceedings. (a) General rule.-A proceeding under this chapter

lay be commenced:

(1) ,By transfer of a case as provided in section 6322 (relating to transfer from criminal proceedings).

(2,) By the court accepting jurisdiction as provided in scctlon 6362 (relating to disposition of resident child received from another state) or accepting supervision of a child as provided in section 6364 (relating to supervision under frireign order).

(3) In other cases by the filing of a petition as provided in this chapter. The petition and all other documents in the proceeding shall be entitled "In the interest of ........ ................................. a minor," and shall be captioned and docketed as provided by general rule.

(b) Venue.---A procecding undcr this chapter may be commenced:

(1) Ln the county in which the child resides. ( 2 ) If delinquency is alleged, in the county in which

the acts constituting the allcgod delinquency occurred. (3) If deprivation is alleged, in the county in which the

child is present when it is commenced. (c) Transfer to another court within this Common-

wealth.- ( I ) If the child resides in a county of this Common-

wealth and the proceeding is commenced in a court of another county, the court, on motion of a party or on its own motion made after the adjudicatory hearing or at any time prior to final disposition, may transfer the pro- cerding to the county of thc residence of the child for further action. Like transfers may be made if the rcsi- dence of the child changes during the proceeding. The proceeding may be transferred if the child has been ad- judicated delinquent and other proceedings involving the child are pending in the court uf the county of his residence.

(2) Certified copies of all legal and social documents and records pertaining to the case on file with the court shall accompany the transfer. S 6322. Transfer from criminal proceedings.

(a) General r u l e . If it appears to the court in a criminal proceeding other than rnurcier, that the defendant is a child, this chapter shxll ir.mediately become applicable, and the court shail forthwith halt further criminal proceedings, and, where appropriate, transfer the case to the division or a judge of the court assigned to conduct juvenile hearings, together with a copy of the accusatory pleading and other papers, documents, and transcripts of testimony relating to the case. If it appears to thc court in a criminal proceedkg charging murder, that the deiendant is a child, the case may similarly be transferred and the provisions of this chapter applied. Thr defendant shall be taken forthwith to the probation officer or to a place of detention designated by the court or rclcased to the custody of his parent, guardian, custodian, ar othcr person legally for him, to be bruught before the court at a time to he designated. The accusatory pleading may serve in lieu of a petition otherwise required by this chapter, unless the court directs the filing of a petition.

(b) ,rransfer of criminal cases.p~f in a criminal proceeding charging murder the child is convicted of a. crilne less than murder, the case may be transferred for disposition to the division or a judge of the court assigned to conduct juvenile hearings.

6323. Informal adjustment. (,) General rule,-Before a petition is filed, the pro-

bation officer other of the court de:jignated by it, subject to its direction, [shall, in the case of a deprived child MAY in the case of a delinquent child to be charged wlth a delinquent act designated a crime, and [may,] SHALL, IN THE CASE OF A DEPRIVED CHILD OR, in the case of a delinquent child to be charged with any other delinquent act, where commitment is clearly not appropriate and if otherwise appropriate, refer the child and his parents to any public or private social agency available for assisting in the matter. Upon referral, the agency shall indicate its willingness to accept the child and shall report back to the referring officer within three months concerning the status of the referral. The agency may return the referral to the probation officer or other officer for further informal adjustment if it is in the best interests of the child.

(h) Counsel and advice.--Siich sorial agencies and the probation officer or other officer of the court may give


counsel and advice to the parties with a view to a n informal adjustment if i t appears:

(1) counsel and advice without an adjudication would be in the best interest of the public and the child;

(2) the child and his parents, guardian, or other custodian consent thereto with knowledge that consent is not obligatory; and

(3) in the case of the probation officer or other ufficcr of thc court, the admitted facts bring the case within the jurisdiction of the court.

(c) Limitation on duration of counsel and advice.--The giving of counsel and advice by the probation or other officer of the court shall not extend beyond six months from the day commenced unless extended by an order oC court for an additional period not to exceed three months.

(d) No detention authorized.-Nothing contained in this section shall authorize the detention of the child.

(e) Privileged statements.-An incriminating statement made by a participant to the person giving counsel or advice and in the discussions or conferences incident thereto shall not he used against the declarant over objection in any criminal proceeding or hearing under this chapter. $ 6324. Taking into custody.

A child may be taken into custody: (1) pursuant to an order of the court llnder this

chapter. (2) Pursuar~t to the laws of arrest. ( 3 ) B~ a law enforcement or duly authorized

oificer of the court if there are reasonable grounds to believe that the child is suffering from illness injury or is in imminent danger from his and that his removal is necessary.

(4) B~ a law enforcement officer duly officer of the court if there are grounds to believe that the has run away froln his parent,s, guardian, or other custodian.

( 5 ) B~ a law ei?[orcement officer or duly off,cer the co,lrt if there are grounds to believe that the child has violated conditions his prohation. $ 6325. Detention of child.

A child taken into custody shall not be detained or placed in shelter care prior to the hearing on the petition unless his detention or care is required to protect the person or property of others or of the child or because the child may abscond or he removed from the jurisdiction of the court or because he has no parent, guardian, or custodian or other person able to provide supervision and care for him and return him to the court when required, or an order for nis detention or shelter care has bcen made by the court pursuant to this chapter. 5 6326. Release or delivery to court.

(a) General rule.-A person taking a child into custody, with all reasonable speed and without first taking the child elsewhere, shall:

(1) notify the parent, guardian or other custodian of the apprehension of the child and his whereabouts;

(2) release the child to his parents, guardian, or other custodian upon their promise to bring the child before the court when requested by the court, unless his detention or shelter care is warranted or required under section 6325 (relating to detention of child); or

(3) bring the child before the court or deliver him to a detention or shelter care facility designated by the court or to a medical facility if the child is believed to suffer from a serious physical condition or illness which requires prompt treatment. He shall promptly give written notice, together with a statement of the reason for taking the child into custody, to a parent, guardian, or other custodian and to the court. Any temporary detention or questioning of the child necessary to comply with this subsection shall conform to the procedures and conditions prescrihed by this chapter and other provisions of law.

(h) Enforcement of undertaking to produce child.-If a parent, guardian, or other custodian, when requested, fails to bring the child before the court as provided in subsection (a) , the court may issue its warrant directing that the child be taken into custody and brought before the court.

§ 6327. Place of detention. (a) General rule.-A child alleged to be delinquent may

he detained only in: (1) A licensed foster home or a home approved by the

court. (2) 4 facility operated by a licensed child welfare

agency or one approved by the court. (3) A detention home, camp, center or other facility for

delinrluent children which is under the direction or supervision of thc court or other public authority or private agency, and is approved by the Department of Public Welfare.

(4) Any other suitable place or facility, designated or operated hy the court and approved by the Department of Public Welfare. Under no circumstances shall a child be detained, placed, or committed in any facility with adults, or where he is apt to be abused bv other children unless there is no appropriate facility available, in whlch case the child shall b~ kept separate and apart from such adults at all times and shall be detained, placed, or committed under such circumstances for not more than five days.

(b) Report by correctional officer of receipt of child.- The official in charge of a jail or other facility for the detention of adult offenders or persons charged with :rime shall inform the court immediately if a person who 1s or appears to be under the age of 18 years is received at the facility and shall bring him before the court upon request or deliver him to a detention or shelter care

designated the (c) Transfer of child subject to criminal proceedings.-

I i a case is transferred for criminal prosecution the child may be transferred to the appropriate officer or detention facility in accordance with the law governing the detention of persons charged with crime. The court in making the transfer may order continued detention as a juvenile pending trial if the child is unahle to provide hail.

(d) Detention of deprived children.-A child alleged tc he deprived may he detained or placed in sheller care cnly in one of the facilities stated in subsection (a) (1) (2) and (4), and shall not be detained in a jail or other facility intended or used for the detention of adults charged with criminal offenses or of children alleged to he delinquent,

SUBCHAPTER C

PROCEDURES AND SAFEGUARDS

SCc. 6331. Release from detention or commencement of pro-

ceedlngs. 6332. Informal detention hearing. 6333. Subpoena. 6334. Petition.

:.::: ~ ~ d " , ~ ~ d f hearings.

::$: ~ f " k , ~ a ~ l " , u ~ ~ t S S 6339. Investigation and report. 0340, consent decree. 6341. p.djudication, g 6331. &lease from detention or commencement o

proceedings. If a child is brought before the court or delivered to ;

detention or shelter care facility designated by the court the intake or other authorized officer of the court shal immediately make an investigation and release the chilc unless it appears that his detention or shelter. care is war rented or reouired under section 6325 (relating to deten ticn of child). The release of the child shall not preven the subsequent filing of a petition as provided in thi chapter. If he is not so released, a petition shall b, promptly made and presented to the court. g 6332. Informal detention hearing.

(,) ~~~~~~l rule.-An informal detention hearing shal he held promptly by the court or master and not late than 72 hours after the child is placed in detention tt determine whether his detention or shelter care is re nuired under section 6325 (relating to detention of child) Reasonable notice thereof, either oral or written, statin; the $me, place, and purpo!e of the detention hearing shal he glven to the child and i f they can be found, to hls par

5828 LEGISLATIVE

of a licensed physician requires prompt treatment, even if the parent, guardian, or other custodian has not been given notice of a hearing, is not available, or without good cause informs the court of his refusal to consent to the treatment. g ti340. Consent decree.

(a) General rule.-At any time after the filing of a petition and before the entry of an adjudication order, the court may, on motion of the district attorney or of counsel for the child, suspe?d the proceedings, and continue the child under supervlslon in hls own home, under terms and conditions negotiated with the probation services and agreed to by all parties affected. The order of the court continuing the child under supervision shall be known as a consent decree.

(b) Objection.-Where the child objects to a consent decree, the court shall proceed to findings, adjudication and disposition. Where the child does not object, but an objection is made by the district attorney after consults- tion with the probation services, the court shall, after considering the objections and reasons therefor, proceed lo determine whether it is appropriate to enter a consent decree.

(c) Duration of decree.-A consent decree shall remain in force for six months rnless the child , is discharged sooner by probation services. Upon appl~cation of the probation services or other agency supervising the child, made before expiration of the six-month period, a consent decree may be extended by the court for an additional six months.

(d) Reinstatement of petition.-If prior to discharge by the probation services or expiration of the consent decree, a new petition is filed against the child, or the child otherwise fails to fulfill express terms and conditions of the decree, the petition under which the child was continued under supervision may, in the discretion of the district attorney following consultation with the probation sew- ices, be reinstated and the child held accountable as if the consent decree had never been entered.

(e) Effect of decree.-A child who is discharged by the probation services, or who completes a perlod uf supervision without reinstatement of the original petition, shall not again be proceeded against in any court for the same offense alleged in the petition or an offense based upon the same conduct. 5 6341. Adjudication.

(a) General rule.-After hearing the evidence on the petition the court shall make and file its findings as to whether the child is a deprived child, or if the petition alleges that the child is delin,qnent, whether the acts ascribed to the child were committed by h ~ m . If the court finds that the child is not a deprived child or that the allegations of delinquency have not been established it shall dismiss the petition and order the child discharged from any detention or other restriction theretofore ordered in the proceeding.

(b) Finding of delinquency.-If the court finds on proof beyond a reasonable doubt that the child committed the acts by reason of wh?ch he is alleged to be delinquent it shall enter such f lnd~ng on the record and it shall then proceed immediately or at a postponed hearing to hear evidence as to whether the child is in need of treatment, supervision or rehabilitation and to make and file its findings thereon. In the absence of evidence to the contrary, evidence of the cqmmission of acts which constitute a felony shall be sufflclent to sustain a finding that the child is in need of treatment, supervision or rehabilitation. If the court finds that the child is not in need of treatment, supervision or rehabilitation i t shall dismiss the proceeding and discharge the child from any detention or other restriction theretofore ordered.

(c) Finding of deprivation.-If the court finds from clear and convincing evidence that the child is deprived, the court shall proceed immediately or at a postponed hearing to make a propcr disposition of the case.

(d) Evidence on issue of disposition.-In disposition hearings under subsections (b) and (c) all evidence help- ful in determining the ouestions presented, including oral and written reports, may be received by the court and relied upon to the extent of its probative value even though not otherwise competent in the hearing on the petition. The parties or their counsel shall he afforded

J O U R N A k H O U S E June 29,

an opportunity to examine and controvert written reports so received and to cross-examine individuals making the reports. Sources of information given in confidence need not be disclosed.

(e) Continued hearings.--On its motion or that of a party the court may continue the hearings under this section for a reasonable period to receive reports and other evidence bearing on the disposition or the need for treatment, supervision or rehabilitation, In this event the court shall make an appropriate order for detention of the child or his release from detention subject to supervision of the court during the period of the continuance. In scheduling investigations and hearings the court shaU give Priority to proceedings in which a chi!d is in detention or has otherw~se been removed from h ~ s home before an order of disposition has been made.

SUBCHAPTER D

DISPOSITION OF CIlILDREN GENERALLY

Sec. 6351. Disposition of deprived child. 6352. Disposition of delinquent child. 6353. Limitation on length of commitment. 6354. Effect of adjudication. 6355. Transfer to criminal proceedings. 6356. Disposition of mentally ill or mentally retardec

child. 6357. Rights and duties of legal custodian. § 6351. Disposition of deprived child.

(a) General rule.-If the child is found to be a deprivet child the court may make any of the following orders o disposition hest suited to the protection and physical mental, and moral welfare of the child:

(1) Permit the child to remain with his parents, guard ian, or other custodian, subject to conditions and limits- tions as the court prescribes, including supervision a dire,cted by the court for the protection, of the child.

(2) Subject to conditions and lim~tatlons as the cour prescribes transfer temporary legal custody to any o the following:

(i) Any individual resident within or without thi Commonwealth who, after study by the probatio~ officer or other person or agency designated by th, court, is found by the court to be qualified to receiv, and care for the child.

(ii) An agency or other private organization li censed or otherwise authorized by law to receive an, provide care for the child.

(iii) A publ~c agency authorized by law to receiv and provide care for the child.

(3) Without making any of the foregoing orders trans fer custody of, the chlld to the juvenile court of anothe state ?f authorlzed by ancl, in accordance with scction 636 (relat~ng to orderlng forelgn supervlslon).

(b) Limitation on confinement.-Unless a child founs to be depfived is found also to b e delinquent he shall nc oe ,committed to or confined in an institution of othe fa~l l l ty des~gned or operated for the henef~t of del~nquen chlldren. g 6352. Disposition of delinquent child.

(a) General rule.-If the child is found to be a delin quent child the Fourt may make any of the followin orders of disposition best suited to his treatment, super vision, rehabilitation, an4 welfare:

(1) Any order authorized by section 6351 (relating t disposition of deprived child).

(2) Placing the child on probation under supervision c the probation officer of the court or the courl of anothe slate as provided in section 6363 (relating to orderin foreign supervision), under conditions and lin~itations th court prescribes.

(3) Committing the child to an institution, youth devel opment center, camp, or other facility for delinquent chi1 dren operated under the direction or supervision of th court or other public authority and approved by the De partment of Publlc Welfare.

(4) Committing the child to an institution operated h the Department of Publlc Welfare or special facility fc chlldren operated by the Department of Justlee.

(h) Limltatlon on place of commitment.-4 child sha not be committed or transferred to a penal institution c


other facility used primarily lor the execution of sen- teilces of adults convicted of a crime, unless there is no other appropriate facility available, in which case the child shall be kept separate and apart from such adults at all times. § 6353. Limitation on length of commitment.

Ko child shall initially be committed to an institution for a period longer than three years or a period longer than he could have been sentenced by the court if h e had been convicted of the same offense as an adult, whichever is le,. . The iniiial commitment may be extended for a similar period of timi., or modified, if the court finds arter hearing that the extension or modification will effectuate the original purpose lor which the order was entered. The child shall 2ravc notice ni the extension or modification hearing and shall be given an opportunity to be heard. The committing court shall review each commit- lnent every six months and shall hold a disposition review hearing at lead every 12 months. S 6354. Effect of adjuCication.

(a) ~~~~~~l ruie.-i'in order of disposition or other adjudication in a yrocccding under this chapter is not a conviction of crilne and does not impose any civil dis. ability ordinarily resulting from a conviction or operate to disqualify the clli~d in service or :~ppointment.

(b) of ~ i f e ~ t a in under subscql~e,lt t,.,is chapter judicial may mattrrs.-~he not he used dosposi- against

him in any proceeding in any court other than at a subsequent juvenile hearlng, whether before or after reach- ing majority, except:

( I ) in dispositional proceedings after conviction of a felony lor the purposes of a prescntcnce investigation and report; or

(2) if relevant, where he has put his rrpulation or illaracter in issue in a civil matter. 5, (i35,5. Transfer to criminal proceedings.

(a) General rule-Aitcr a petition has been filed alleg- ing delinquency based <in conduct which is designated a crime or ofiense under laws, including local urdinances, of this Commonwealth, the court before hearing the on its merits may that this is not applicable and that the offense should be prosecuted, and transfcr the offense, where appropriate, to the division 01. a judge of the court assigned to conduct crimiilal proceedings, for prosecution of the offense if all of the foilowing exist:

(1) Tile child was 14 or more years of age at the time of the alleged conduct.

(2) A hexing on whether the transfer should be made ir held in conformity with this chapter.

(3) Notice in writing of the time, place, and purpose of the hearing is given to the child and his parents, guardian, or other custodian at least three days before the hearing.

(4) T!ie court finds that there is a prima facie case that the child committed the delinquent act alleged, and the court finds that there are reasonable grounds to believe all of the following:

( i ) That the child is not amenable lo treatment, supervision or rehabilitation as a juvenile through available facilities. In determining this the court may consider age, mental capacity, maturity, previous records and probation iir institutional reports.

(ii) That the child is not committable to an institu- lion for the n~cntaliy retarded or mentally ill.

(iii) That the interests ol the community require that the child bc placcd under legal restraint or discipline or lhat the offense is one which would carry a sentence of more than three years if con]. miticd as an adult.

(h) ~ h ~ , ~ t ~ ~ inaplllicable [oilowing transfer.-l.he trans. :er terminates the o[ this chapter over the :hild with respFct to the delinquent acts alleged in the ~eti t ion.

(c) ~~~~~f~~ at request of child,-~he child may rc. luest that the case be transferred for prosecution in which :vent thc court may order this chapter not applicable.

(d) Effect of transfer from criminal proceedings.-No Tearing shall be conducted where this chapter hwames applicable because of a previous determination by the :ourt in a criminal proceeding. I

( e ) Murder.-Where the petition alleges conduct which;

if proven would constitute murder, the court shall require the offense to be prosecuted under the criminal law and procedures, except where the case has been transferred pursuant to section 6322 (relating to transfer from criminal proceedings) from the division or a judge of the court assigned to conduct criminal proceedings.

( f ) Ti-ansfer action interlocutory.-The decision of the court to transfer or not to transfer the case shall be interlocutory. 5, 6356. Disposition of m e ~ l t a l l ~ ill or mentally retarded

child. ~ f , at a dispositional hearing of a child found to be a

delinquent or at any hearing, the evidence indicates that the child may be subject to commitment or detention under the provisions of tile act of october 20 1966 (3rd sp . Sess., p . L. 96, NO. 6), known as the . ' M ~ A ~ ~ ~ ~ ~ ~ l t h and ~ ~ ~ t ~ l ~ ~ t ~ ~ d ~ t i ~ ~ ~~t of 1966," the court shall proceed under the provisions of such 5 K3i7. Rights and duties of legal custodian.

A custodian to whom legal custody has been given by the Court under this chapter has the right to the physical custody of the child, the right to determine the nature of the care and treatment ol the child, including ordinary medical care and the right and duty to provide for the care, protection, training, and education, and the physical,

"le"tal, "ndijioils and and moral iinlitations welfare of of the the order child, and subject to the remain- to the 'ng W h t s and duties of the parents or guardian of the child.

SUBCHAPTER E

DISPOSITIONS AFFECTING OTHER JURISDICTIONS

Sec. 6 . Disposition of nonresident child. 6362. Disposition ol resident child received from another

state. 6363. Ordering foreign supervision. 6364. Supervision under foreign order. 6365. Powers of foreign probation officers. § 6361. Disposition of nonresident child.

(a) General rule.-If the court finds that a child who has been adjudged to have committed a delinquent act 0' to be deprived is or is about to become a resident of another state which has adopted the Uniform Juvenile Court Act, or a substantially similar law which includes provisions corresponding to this section and section 6362 (relating to disposition of resident child received froin anothur state), the court may defer hearing on need or treatment and disposition and request by any appropriate means the appropriate court of the county or parish of the ?'es/dence or prospective residence of tile child to accept ~ u n c d ~ c t ~ o n of the child.

(b) Change of residence under court order.-If the child becomes a resident of another stste while on probation or under protective supervision under order of a court of this Commonwealth, the court may request the court of the state in which the child has become a resident to accept jurisdiction of the child and to continue his prohation or protective supervision.

(c) Procedure for transfer.-Upon receipt and filing of an acceptance the court of this Commonwealth shall transfer custody of the child to the accepting court and cause hiin to be delivered to the persun designated by that court t" receive his custody. It also shall provide the accepting COurt with certilied copies of the order adjudging the child t:j be a delinquent, or dcprived child, of the order of trans- icr, and if the child is on probation or under protective wPerizision under order of the court, of the order of dis- Position. It also shall provide the accepting court with a statement of the facts found by the court of this Common- wealth and any rccommcndations and other information 01 documents it considers of assistance to that court in making a disposition of the case or in supervising the

On probation Or Otherwise. (dl Effect of transfer to accepting court.--Upon com-

pliance with subsection ( c ) the jurisdiction of the court 0' this Commonwealti: over the child is terminated. E. 6352. Disposition of resident child received from an-

other state.


any person set at large upon a habeas corpus, or shall do any act for the purpose of defeating the writ or the order, commits a misdemeanor of the second degree.

CHAPTER 67

SUPPORT PROCEEDINGS

:iuhchapter A. General Provisions (Reserved) B. Reciprocal Enforcement of Support Orders

SUBCHAPTER A

GEXEKAL PROVISIONS

(Reserved)

SUBCHAPTER B

RECIPROCAL ENFORCEMENT OF

"Duly of support." A duty of support whether im- i~osed or imposable by law or by order, decree, or judgment ol any court, whether interlocutory or final or whether incidental to an action for divorce, separation, separate maintenance, or otherwise and incllides, the (!uty to pay arrearages of support past due and unpaid.

"Governor." Includes any person performing the functions of Governor or the executive authority of any : lr covered by this subchapter. "~nitiating court." The court in which a proceeding is

cornmcnced. "Initiating state." A state in which a proceeding pur-

suant to thls or a substantially similar reciprocal law is commenced.

"Law." inciudcs both common and statutury law. 'Obligec" A person to whom a duty of support is

wed or a person including a state or political subdivision thnt has commenced a proceeding for enforcement of an alleged duty of support or for registration of a support

SUPPORT ORDERS order. i t is immaterial if the person to whom a duty of I support is owned is a recipient of public assistance. qec. / "Obligor." Any person owing a duty of support or ,741. Short title and purposes of subchapter. against whom a proceeding for the enforcement ol a duty 3 4 2 . Definitions. o'f support or registration oC a support order is com- i 7 4 3 Remedies additional to those now existing. menced. i 7 4 4 Extent of duties of support. "Prosecuting attorney." The public official in the ap- j7-$5 Tntcrstate rendition. / priipriate place who has the duty to enforce laws relat- 7 4 8 . Conditions oi interstate rendition. I ing to the failure to provide for the support of any i747. Choice of law. person. i ' i48. Itemcdies of stat: o r political suhdivision furnish- ' '.Register." To record in the Registry of Foreign Sup-

ing support. port Orders. i749. rIow duties oI support are enforced. "Registerin,g court." Any court of this Commonwealth i750. J~irisdiction. in which a support order of a rendering state is rpgister- 1 . Petition for support. i752. Officials to represent obligee. "Rendering 5tatc." A state in which the cuul.t h.is i 753 Petition for a minor. issued a support ordcr for which registration is sought i754. Duty of initiating court. , or granted i n the court of another state. i755. Costs and fees. i "Responding court." l'he court in which a responsive ;756. Jurisdiction by arrest. I proceeding is commenced. k757 State information agency. i "Responding state." A state in which any responsive

0 in the initiating 758. Duty of the court and officials of this Common- proceed1r.g pursuant to the proceedin, wealth as responding state.

759. Further dutifs of court and officials of responding state.

760. Hearing and continuance. 7 f i l . lm~nunity from criminal prosecution. 762. Evidence of husband and wife. 763. itules of evidence. 764. Order of support.

state is commenced. "State." Includes a state, territory, or possession of

the United States, the Dlstrict of Columbia, the Com- monwealth of Pucrto Ricu, and any foreign jurisdicti~;n in which this or a substantially similar reciprocal law is in effect.

"Support order." Any judgment, decree, or order of s u p ~ ~ o r t in iavur of an obligee whether temporary or

765. Responding court tu transmit copies to initiating or subject to modification, revocation, or remission, court. the kind of action or proceeding in which

766. Additional powers of responding court. 767. Paternity. 7 Additional duties of responding caurt. 769. Additional duty of initiating court. 770. Proceed~ngs not to be stayed. 771. Application of payments. 772. Efiect of participation in proceeding. 773. Intrastate application. 774. Appeals. 775. Additional remedies.

5 6743. Remedies additional to those now existing. The remedies provided in this subchapler arc in acldi-

tion to and not in substitution for any other remedies. $ 0744. Extent of duties of support.

Dutics of support arising under the law of this Com-- munwealth, whcn applicable under section 6747 (relating to choice of law), bind the obligor present in this Com- monwcalth regardless of the presence or residence of the itbligee.

776. Registration. 6745. Interstate rendition. 777. Regstry of foreign ssupp:,i.t orders. The Governor of this Commonwealth may: 7711. 0ti:cini to represent obligee. 77U. Registration procedure. i30. Effect an<: enforcement of registered order. 6741. Short tille and purposes of subrhapler. (a) Short title-This subchapter shall be l ~ m w n and

hay be cited as the "Revised Uniform Reciprocal En-: lrcement of Support Act (1968)." (b) Purposes.-The purposes of this subzhapter are to

inprove and extend by reciprocal legislation the enforce

/ (1) demand of the Governor of another statc the surrender ol a person found in that state who is charged criminally in this Commonwealth with failing to provide for the suppix-t of any person; or

( 2 ) s i ~ * r ~ n d c r on demand by the Governor ol another stale a person for~nd in this Con~monwcalth who is charg- i,d criminally in that slate with Iailing to provide for tile support of any person. l~riivisionc, for extradition of criminals not inconsi;tent

sent of duties of support. I with this subchripter apply to thc dem:!nd even if 1 h ~ 6742. Definitions. ,o~i,.:on ahose surrender is delnandrd w,?s ,lot in the de- The following words and phrases when used in this k;ncling slate al tllc tirne of thc commission of the crime

~ b c h a p t ~ r shall have, unless the context clearly indi- and has not fled therefrom. 'The demand, the oath, and ltes otilerwisu, thc meanings given to them in this an> prrci'edings for extradition pursuant to this section ~ction: / ilcrd riot state o r show that thc person whose surrc.rld,?r .'Court." The caul-ts of common pleas of this Cam- , ,, demanded has fled fro!n justice or at the time of the onwealth and whrr: the context requires, the court of i coinmission of the crime was in the demanding state. iy other state as de f in~d in a substantially similar 6716. Cond:tior~s of intcrstatc rendition. iciprocal law. ! (a) Obligor in another state.-Before making the de-


$ 6732. Officials to represent obligee. 5 6757. State information agency. I f this Commonwealth is acting as an initiating state (a) General rule.-The Department of Public Welfa

the prosecuting attorney upon the request of the court. is designated as the state information agency under tk or a Commonwealth or lnral wrlfrrr. official shall renre,- subchanter. It shall: . ..~ .....-- ~ ~ - ~ ~ - ~- - .. .-.--. ~- - .- ---.. ~- - ~

sent the obligee in any proceeding under this suh;ha;t&. (1) tomoile a list of the courts and their addresses If the nrusecuting attorney neglects or refuses to reme- 1 this Commonwealth having jurisdiction under this su

LEGISLATIVE JOURNALHOUSE

ourt. appears to the court that the di f inse is n o r frivolous. 1 6760. Hearing and continuance. parties are present at the hearing or

If the obligee is not present at the hearing and the in the case indicates that the presence


be takeri or that a stay of execution has been granted the court shall stay enforcement of the order until the appeal is concluded, the time for appeal has expired, or the order is vacated, upon satisfactory proof that the obligor has furnished security for payment of the support ordcred as required by the rcndering state. If he show:; to thc court any ground upon which enforcement of :L

support order of this Commoi~wealth may be stayed the. court shall stay eniorccn:ent of the order for an appro- priat? period if the obligor furnishes the same security for paynlenl of thi! sL?i,port ordcred that is required for T support order of this Commonwealth.

PART VII

CIVIL ACTIONS AND I'ROCDEDINGS

Chapter 71. General Provisions 73. Arbitration 75. Commencement af Actions 77. Trial (Reserved) 79. Post-trial &Tatters (Reserved) 81. Judgments 83. Particular Rights and Immunities 85. LXattcrs i'iffecting the Commonwealth (IlescrveL')

CHAPTER 71

GZNE.R.b.1, PItOVl'SlONS

Sec. 7101. SeltiemPnts anri otilcr agreements wi:h hospitalize<

persons. 7101, and agrcen,enls with

pitalized persons. (a) General rule.- ( i ) N,, i~erson whose interest is or may bccome atl-

verse to 3 person injured whc is confined to a hospita' or sanitnlium as a patienl shall, within 15 days after tiii: date oi the occurrence causing the injury to s l~ch patient:

(i) Negotiate or attempt tu negotiate a settle men^ with such patient.

(ii) Ohtain or nttempt to obtain a general rclras? of lii~bility from such patient.

(iilj Obtain or attempt to obtain any statement. cither written or oral, from such patient lor use in

SUBCHAPTER A STATUTORY ARBITRATION

(RESERVED) [Sec. 7301. Short title of subchapter. 7302. Scope of subchapter. 7303. Validity of arbitration agreement. 7304. Proceedings to compel or stay arbitration. 7305. Appointment of arbitrators by court. 7306. Majority action by arbitrators. 7307. Hearing. 7308. Representation by attorney. 7309. Witnesses, subpoenas and depositions. 7310. Award. 7311. Change of award by arbitrators. 7312. Fees and expenses of arbitration. 7313. Confirmation of an award. 7314. Vacating a n award. 7315. Modification or correction of award. 7316. Judgment or decree or1 award. 7317. Applications to court. 7318. Court and jurisdiction. 7319. Venue. 7320. Appeals. 5 7301. Short title of suhchapter.

This shall be known and may be cited as the "Unilorm Arbitration Act." $ 7302. Scope of subchapter.

(a) General rule.-An agreement to arbitrate a matter on a nonjudicial basis shall be conclusively presumed to be an agreement to arbitrate pursuant to Subchapter B (relating to common law arbitration) unless the agreement to arbitrate is in writing and expressly provides for arbitration pursuant to this slibchapter or any other similar stalute, in which case the arbitration shall be governed by this subchapter.

(b) Collective bargaining agreements.-This suhchapter shall apply to a collective bargaining agreement to arpi- irate betwerr, emplvycrs and employes or their respectlve rcpresent;,tlvrs only the arbitration pursuant to this subchapter is consistent with any statute regnlatini! labor relations.

(c) Government contracts.-This subchapter shall apply to any written contract to which a go\,ernricnt unit of this Commonwealth shall be a party to the same cx-

negotiating a settlement or obtaining a release. ( 2 ) Any sctllcmrnt agreement entered into, any g e n

era1 relesse of lizbility or any written or oral s!atemcn! inade by any person who is confined in a hsspital or sanitar~um uftrr he incurs a personal injury, which is A written agrecmr?nt to subject any contra- not obtained in accordnncc with tile pror7ininns of sub- aersy to arbitration or a in a written section ( b ) shail not be admissible in cridenzc in 3n3, to sl,bmit to arbitration any controi7ersy thereafter arising matter relating to the illjury and shall not be utilized fol. the ilarties is valid, and irrevocable, any purpose in any matter in connectirrn therewith. upon as exist at law or in equity for

(3) Where a person is injured and contined as a patient t o a hospital o r sanitarium due t o such injuries no attorney shall, during the first 15 days o I the coil- iinement of such patient, enter or attempt tn enter i n k an agreement relating to c?mllcnsation w h o l l ~ or partly on a contingent basis v ~ i l h such patient in connection with his injuries.

ib) E;xception.-Suhsection (a ) shall not apply i f a t !r:?si fiv? days prior to obtaining the settlement, release, statement or contingent fee agreement, the injured person has signified in writingl by a statement acknowledged beiorr a notary public who has no interest adverse to the injured persnn, his w:ll'ngncss that a settlement, release. statfmrnt n r contingent fcr agreement bc given or entered into.

CHAPTER 73

ARBITRATION

the revocation of any contract. 7304, proceedings to or stay (,) ~~~~~~l rulc.-~n application a party an

a:reement described i n section 7303 to validity ,,f arbitration agreement), and the refusal to arhitrate of

opposing party, the court shall order the p r t l~s tn proceed with arbitration, but if the opposing party de- nies the existence of the agreement t o arbitrate, the court shall proceed s~nmmarily to the determination of the issue SO raised and shall order arbitration i f found for the moving party, otherwise, the application shall bn denied.

(b) s t ay cf arbitration.-On application, the court may stay an proceeding commenced or threatened on a showing that there is no agreement to arbitrate. Such an issue, when in suhstantia! and hona fide dispute, shall be forthwith and summar~ly tried and the stay ordered if found for the moving party. If found for the opposing party, the court shall order the parties to proceed to arbitration.

i (c) Venue.--If an issue referable to arbitration under Subchipher the alleged agrecment is involved in an action or pro-

A. Statutory Arbitration (RESERVED) ceeding priding in a court having jurisdiction to hear E. Common Law Arbitration !applications under subsection (a) , the application shall C. Judicial Arbitrat~on ; b e made therein. Otherwise and subject to sectlon 7319

5836 LEGISLATlVE JOURNALHOUSE June 29,

(relating to venue), the app!ication may be made in any 5 7310 Award. court or competent j u r ~ s d ~ c t ~ o n . / (a) General rule.-The award shall be in writing and

(d) Stay of judicial proceedings-Any action or pro- by the arbitrators joining in the award. The ar- cccding involving an issue subject to arhitration shall be stayrd iP an order for arhitration or an application therefor has been made under this section or, if the issue is severable, the stay may he with respect thereto only. When the application is made in such action or proceeding, the order for arbitration shall include such stay.

(el No examination of merits.-An order for arhitration shall not be refused on the ground that the claim in issue lacks merit or bona fides or because any fault or grounds for the claim sought to he arbitrated have not been shown. 5 7305. Appointment of arbitrators by court.

If the arbitration agreement provides a method of ap- pointmrnt of arhitrators, this method shall he followed. 111 th:. absence thereof, or i f the agreed method fails or for any reason cannot be followed, or when an arbitrator appointed fails or is i~nable to act and his successor has not bern d~ i ly appointed, the court on applicntinn of a party shall appoint one or more arbitrator%. 4 n arhi- trator so appointed has all the powers of one specifically named in the agreement. $ 7306. Majority action by arbitrators.

The powers of the arbitrators mav hr esrrcised bv a majority unless otherwise p rnv id~d by the acrrremcnt or by this subchapter. 5 7307. Hearing.

(a) General rille.-Unless otherwise providpd hy the agrectr.ent:

( I ) The arhitrators shall appoint a time and place for the hcnring and cause written notice to the nrrties to hp servrd personally or by registered or certified ma;l not less than five days hefore the hraring. .4n~earance at the hearing waives such nolice. The arhitrators may adjourn the hearing from time to time as necessary and, on request of a party and for good cause, or upon their own motion may postpone the hearing to a time not later than the date fixed by the agrei.ment for maliing the award unlecs the parties consent to a later date. The ar- hitrntors may hear and determine the controversy upon the evidence prodnced notwithstanding the failure of a Party duly notified to appear. The court on application may direct the arhitrators to proceed promptly wi!h the hearing and determination of the controversy,

(2) The parties are entitled to hc heard, to prcsent eri- dencc material to the controversy and to cross examine witnesses appearing at the hearing.

(3) The hearing shall be conducted hv all the ~rhi t ra tors hut a majority may determine any question and render a final award. If , during the cojrrse of the hearing, an orhitrator for any reason ceases to act, the rrrnaining ar- h;trator or arbitrator:: appointed to act as neutrals may continue with the hearing and determination of the con. troversy.

(h) Record.-At the request of a party who shall pay the fpes thcrelnr all testimony shall he taken stcnqgraph- ically and made a part of the record. 6 7308. Representation by attorney.

A party has the right to he represented hv an attorney at any proceeding or hearing under this si~bchspter. A waiver .thereof prior to the proceeding or hearing iq ~nef f rc t~ve . S 7305. Witnesses, subpoenas and depositions.

(a) Grneral rule.-The arbitrators may issue subpoenas for the attendance of witnesses and for the production of hooks. records, documents and other evidenre. and shall have the power to administer o a t h . Subpoenas so issued shall he served, and upon application to the rourt by n party or the arbitrators, enforced, in the manner provided or prescribed by law for the service and enforcement of subpoenas in a civil action

(b) Depositions.-On application of a party and fo? use as evidence, the arbitrators may permit a deposition to be

in the and Won the designated the arbitrators, of a witness who cannot he subpoenaed or is unable to attend the hearing.

(c) Compulsory testimony.-All provisions of law com- pelling a person under subpoena to testify are applicable.

(dl Fees.-Fees for attendance as a witness shall be the same as for a witness in the courts of common pleas.

s~ich time as the court orders on application of a party. The parties may extend the time in writing pither before or after the expiration thereof. A party waives the objection that an award mas not made within the time required unless he notifies the arhitrators of his ohjertion prior to the delivery of the award to him. $ 7311. Change of award by arhitrators.

On application of a party to the arbitrators or, if an application t o the conrt is pending undcr section 7313 (relating to confirmation of ?n award), srction 7314 (relating to vacating an award) or section 7315 (relating to modification or corrertion of award) on s~~hmission to the arhitrators hy the court undcr such conditions as the rnurt may order, the arbitrators mriy modify or cnrrect the award upon the grounds stated in section 7315 ( - ) ( I ) 2nd (2). or for the purpose of clarifying the award, The >npli- cation shall he made within 30 days nftcr dclirr,-y of thp award to the applicant. Urriltcn notice thereof shal! hr given forthwith to the opposinc party, stat in^ he must serve his objections thereto, if any, within tcn rlays irom the notice. The award so mqciified 01- cnrrectcd is subject to the provisions of seclion 7313. 7314 and 7315. 6 7312. Fees and expenses of arhitrotinn.

Unless otherwise provided in the agreement to n.hi- trate, thc expenses and fees of the xrhitt~afors, togcthcr with other expenses. not inch~rling counsel f e ~ s , inmrred i!? the conduct of the arbitration, shall br paid as provided in the award. $ 7313. Confirmation of an award.

Upon application of a party. th? conrt shall confirm an award. unless within the time limits imposed in this sub- rhaptrr, grounds are urged for vac:itinq or modifyinp: or correcting the award, in which casc the court shall pro-. ceed as provided in section 7314 (relating to vacating an award) or section 7315 (relating to modification or correction of award). $ 1314. Vacating an award.

(a) General rule.-Upon application of ;I prrty, the court shall vacate an award where:

(1) the award was procured by corruption, fraud or other undue means;

(2) there was evident partiality by an arbitrator appointed as a neutral or corruption in any of the arhitre- tors o r misconduct prejudicing the rights of any party:

(3) the arhitrators exceeded their poxvrrs; (4) the arhitrators refused to postpone the hearing upon

sufficient causc being shown therefor or refused to hear evidence material to the controversy or otherwise so conducted the hearing, contrary to the provisions of section 7307 (relating to hearin%), as to prejudice substantially the rights of a party; or

(5) there was no arbitration agreement and the issue was not adversely determined in proceedings under scction 7304 (relating to procccdings to compel or stay nr- bitration) and the party did not participate in the arbi- trstion hearing without raising the objection; but the fact that the relief was such that it r<,rlld not or would not he granted by a court of law or eq!iity is not ground for vacating or refusing to c o ~ ~ f i r m thc award.

(h) ~i~~ limitation.-~n under this section shall be made within after delivery a copy of the award to the applicant,, exrept that. if predicated upon

fraud or means, it shall be made within 30 days after snrh erounds arp known or should have been known.

(,) ~ ~ ~ t h ~ ~ hearing.-ln vllcatino the aT.gnrd on grountjs other than stated in subsection (a) (5) the court may order a rehearing new as provided in the agreement, or in the absence thcreoi, but the court in accordance with section 7305 (relating to appointment of / arhitrators hy court) or if the award is vacated iin grounds

s e t forth in subsection (a)(3) or (4), the court may order i a rehearing before the arbitrators who made the award


or their successors appointed in accordance with section 7305. The time within which the agreement requires the award to be made is applicable to the rehearing and com- mences from the date of the order.

(d) Confirmation of award.-If the application to va- catr is denied and no motion to modify or rorrect the award is pending, the court shall confirm the award. 6 7315. Modification or correction of award.

(a) Genera! rule.-Upon application made within ?O days after delivery of a copy of the award to the appll- cant, the court shall modify or correct the award whcre:

(1) there was an evident miscalculation of figures or an evident mistake in the description of any Ixrson, t h i ~ , ~ nr i>roperty referred to in the award;

(2 ) the arbitrators have awarded upon a matter not submitted to them and the award may he corrcctrd mith- out ailecting the merits of the decision upon the issues submitted; or

3 the award is imperfect in a matter of form, no3 affxt ing the merits of the controversy.

(b) Confirmation of award-If the application is r a n t - .-.1. the court shall modify and correct the award so as to ,ffect its intent and confirm the award as so modi- r i ~ d and corrected. Otherwise, the court shall confirm he award as made.

( c ) Alternative anplications.-An application to cori-,,ct an award may he in the alternative with

i n apnlirntion to vacate the award. ? 7316. Judgment or decree on award.

upon the granting an order confirming, modifying or :orrr?tir$. an award. judgment or decree shall he entered

r.lnformity therewith and be enforced as any other ,,rljiment or decree, subject to general rules, cos:s of the rpplication and of the proceedings subsequext thereto, >nd dhhl~rsemcnts may he awarded by the court. i 7317. Applications to court.

x x c c ~ t as otherwisp prescribed by general rules, an lpnlicaticln to the court under this subchapter <hall he by notion and sh:ill be heard in the manner and upon the

pro,;ided by law for the making and hearing notions. unless the parties have otherwisp, notice : f an i ~ ~ i t i a l application for an order shall be servrad in he manner provided by law for the service of a n a civil action

7318. Court and jurisdiction. The term "court" as used in this subchapter means any

onrt of competent jnrisdiction of this Commonwealth. 'he making of an agreement described in section 7303 relating to validity of arbitration agreement) providing nr arbitration in this Commonwealth confers jurisdirtion n the court to enforce the agreement under this sub- ha12ter and to enter judgment on an award thereunder. '7319. Venue. Except as otherwise prescribed by general rules. an

litial application under this subchapter shall he made I thc court of the county in which the agreement pro. ides the arbitration hearing shall be held or, if the hear- 16 has been held, in the county in which it was held. Itherwise the application shall be made in the county .here the adverse party resides or has a place of business r, if h e has no residence or place of busin~ss in this omms~nwealth, to the court of any county. All subse- uont applications shall be made to the court hearing the litial application unless the court o thr~wise directs. 7320. Appeals. (a) Gencral rule.-An appeal may be taken from: 1

( 1 ) An order denying an application to compel arbitra. 1 on made under section 7304 (relating to proceedings to

SUBCHAPTER B

COMMON LAW ARBITRATION

Sec. 7 3 ~ ~ 1 . Common law arbitration. $ 7341. Common law arbitration.

he award of an arbitrator in a nonjudicial arbitration which is not subject to [Subchapter A! THE ACT OF APRIL 25, 1921 (P. L. 381, NO. 248), (relating to statutory arbitration) or a similar statute regulating nonjudicial

proceedings is binding and may not be vanted modified unless it is clearly shown that a party was

denipd a hearing or that fraud, rnisci;ndiict, corruption or other irregularity caused the rendil.ion of an unjust, in:.cl,,itahle or unconscionable award.

SUBCHAPTER C

JUDICIAL ARBITRATION

SeC. I 73G! 7362. Voluntary arbitration of pending judicial matters.

Compulsary arbitration. ~ ~ ~ l . G m e r a l rule,-Except as provided in

(h ) . when prescribed by general rule or rule oi court such civil matters or issues therein as shall he specified by rule shall first hc suhmittrd to and heard by a hoard of three members of the bar of the court.

(h) Limitations.--No matter shall be rcrerred under (a) :

(1) which involves title to real property: or (2) where the amount in controversy, exclusive of in-

te"'t and costs, exceeds: (i) $10,000 in [the] judicial districts embracing first,

second, second class A or third class counties; or (ji) $5.000 in any other judicial district.

(,) procedure,-Thc arbitrators appointed pursuant to ,his shall have such powers and shall proceed in such manner as shall be prescribed hy general rules.

(dl A P P ~ ~ ] . - * ~ Y Party to a matter shall have a righi, to appeal to and a de in 'he court upon payment of such amount or proportion of fees and costs within surh time as shall he prescribed by grneral rule and upon compliaiice with such other procedures as shall be prescribed by g e n ~ r a l rules. In t!,e absence nf ,ppea! the judgment entered on tile awal.d the ar. hitrator: h a l l 11- Eniorced as any other j~irlzment a f tile cii:1rt. $ 7302. voiuntary arbitration o; {lending judicial mat-

ters. (,) ~ ~ ~ e r a l rule.-A civil matter or issue therein may

be referred by consent ol' the parties to one or more appointive rudieial officers or other persons for hearin,g or hearing and disposition.

;h) Government units.-Any government unit of this Commonwealth, with the consent of the si?licitor or other off i~ia l counsel of the unit, may agree to the reference of a civil matter pursuant to this section.

(c) Procedure.-The appointive judicial officers or other persons appointed or designated pursuant to this section shall have snch powers and shall prr,cced in such manner as shall be prescribed hy general rules.

(d) Appeal.-Any party to a matter referred under this scction shall havc such rights of appeal, if any, as shall he prescribed by general rules. Where nu right to appeal is prrscribed by general rule, all parties shall be d~elned 1.0 have waived any right to appeal whirh they n ~ a h t otherwise enjoy under the Constitution of Penn-

'mpel or stay arbitration). / sylvani? r r othsrwlse in m~ulual conside~.ation nf an ( 2 ) order granting an to stay arbitra. i exped~tlous final disposition of the mztter, but no such

on made under section 7304(b). walver shall apply if it is clearly shown that a party was 1 (3) order confirming or denying of an , denled a hearing or that fraud, misconduct, corruption ~ a r d . sf an unjust, (4) An order modifying or correcting an award. ( 5 ) An order vacating an award withoi~t directing a 1

hearing. I CHAPTER 75 (6) A cinal judgment or decree entered pursuant to the ~

.i,rislons of this subchapter. COMMEIICEMENT OF ACTIONS

(b) Procedure.-The appeal shall be taken in the man- I Subchapter ?r, within the time and to the same extent as from / .4. General Provisions (RESERVED) ders in a civil action.1 1 B. Interpleader Compacts

1976. LEGISLATIVE JOUR N A L H O U S E 5839


(c) Exceptions.-Relief shall not be available under this subchapter with respect to any:

(1) Action wherein a divorce or annulment of marriage is sought.

(2) Proceeding within the exclusive jurisdiction of a tribunal other than a court.

(3) Proceeding involving an appeal from an order of a tribunal.

[(4) ~ c t i o n or proceeding specified I)? general rule adopted pursuant to and making express refcrrnee to this subsection.]

SUBCHAPTER D

RECIPROCAL TAX ENFORCEMENT

Sec. 7551. Enforcement of taxes imposed by other states. § 7551. Enforcement of taxcs imposed by other states.

(a) General rule.-The courts of this Cammonwealth shall recognize and enforce liabilities for taxes lawfully imposed by any other state or any political suhdivlslon thereof, which extends a like comity to this Common- wealth and any political subdivision thercof, and the duly autllorized officer of any such state or a political subdivision thereof may sue for the collection of such a tax in the courts of this Commonwealth. A certificate by thc Srcrctary nf State of such other state that an (lfficer suing for ccllection of such a tax is duly authorized to collect the samc shall he conclusive proof of such authority.

(4) Interest and penalties.-For the purposes nf this section the words "tax" and "taxes" shall include interest and penalties due under any state taxing statute or local ordinance or resolution. Liability for such interest or penalties, or both, shall be recognized and enforced by the courts of this Commonwcalth to the same extent that the laws of such othcr state permit the enforcement in its courts of 1;ahility due under a taxing statute of this Comrnonwcalth or ordinance of any political subdivision thereof.

CHAPTER 77

TRIAL

(Reserved)

CHAPTER 79

POST-TRIAL MATTERS

(Reserved)

CHAPTER 81

JUDGMENTS Subchapter

A. General Provisions B. Exemptions from Execution

SUBCHAPTER A

GENERAL PROVISIONS Sec. 8101. Interest on judgments. 8102. Contribution among joint judgment debtors. 8103. Deficiency judgments. 8104. Duty of judgment creditor to enter satisfaction, S 8101. Interest on judgments.

Except as otherw~se provided hy another statute, a judgment for a specific sum of money shall bear interest at the lawful rate from the date of the verdict or award, or from the date of the judgment. if the judgment is not entered upon a verdict or award. 8 8102. Contribution among joint judgment debtors.

Whenever the property of several persons shall be subject to the lien of any judgment to which they should by law or equity contribute, or to which one should have subrogation agalnst anothrr, the court may require the judgment c r~d i to r to levy upon and makc s;,le of the property lialllr to execution for the payment of ?!lr judgment in the proportion or in the sucrrssion in which the properties of the several owners sllnll in law ;rr equity be liable to contribute towards the disch,.rge of the common incumbrance. and the court may direct to

use; the judgment shall be assigned, and when assigned may direct all executions thereon, so as to subserve the rights and equities of all parties whose property shall be liable thereto.

8103. ~ ~ f i ~ i ~ ~ ~ ~ judgments. (a) General rule.-Whenever any real property is

sold, directly or indirectly, to the judgment crcditor in execution proceedings and the price for which such property has been sold is not sufficient to satisfy the amount of the judgment, interest and costs and the judgment creditor seeks to collect the balance due on said judgment, interest and costs, the judgment creditor shall petition the court having jurisdiction to fix the fair market value of the real property sold. The petition shall he filed as a supplementary proceeding in the malter in which the judgment was entered.

(b) Effect of failure to give notice.-Any debtor, obligor, guarantor, mortgagor, and any other person directly or indirectly liahle to the judgment creditor for the payment of the deht, and any owner of the property affected therehy, who is neither nnmcd in the petition nor served with a copy thereof or notice or the filing t h e r ~ o f as prescribed by general rule, shall he deemed to he ciischarged from all personal liability to the judgment creditor on the deht, interest and costs, hut any such fail- urr to name such person in thc petition or to serve the petition or notice of thc filing thercof shall not prevent proceedings against any respondent named and served.

(c) Action on petition:- (1) If no answer is filed within the time prescrihcd

by general rule, or if an answer is filed which docs not controvert the allegation of the fair market value of the property as averred in the petition, the court shall determine and fix as the fair market value of the property sold the amount thereof alleged in the petition to he the fair market value.

(2 ) If an answer is filed controvcrting the averment ' n the petition as to.the fair mnrkct value of the property, but no testimony is produced at the herring supporting such denial of the fair market value, the court shall determine and fix as the fair market ~ralur? of the property the amount thereof alleged in the petition to hc the fair market value, and thcrfupon enter a decree directing the judgment creditor to file release of thc dehtnrs, oh- ligors, guarantors or any other persons directly or indirectly liable for the debts, to the extent of the fair value so fixed, whereupon execution may br issued for thc halance of the debt.

( 3 ) I f an answer is filed 3lleging as the fair market value an amount in excess of the fair mz1r1rc.t value of the property as averred in the petition, t!he judgment creditor may agree to accept as the fair market valuc of th r property the value set up in the answcr and in such c3sr may file a stipulation releasing the debtors, obligors ; ~ n d guarantors, and any other pcrsons liable directly or :ndirectly for the debt, and the owners of the property affccted thereby, from personal liability to thc judgment creditor to the extent of the fair msrkct value as averred in thc answer, less the amount of any prior lirns, costs, taxes and municipal claims not discharged by the sale, and also less the amount of any such items paid at distribution on the sale.

(4) If an answer shall be filed and testimony produced setting forth that the fair market value of the property is more than the value stated in the petition, the court shall determine and fix thc fair market value of the property, which shall in no icvent exceed the amount of the debt, interrst, costs, taxes and municipal claims. Aftcr the hearing and the determinatinn by the cnurt of the fair mnrket value of the property sold, thc dehtor, uhligor, guarantor and ally other person l~able directlg or indirectly to the judgment creditor for the payment of the debt shall be released and discharged of suck liability to the ~udgment creditor to the extent of the fair market value of said property as previously agreed tc by the judgment credllor or detrrmined by the court less the amount of all prior liens, costs, taxes and municipal claims not discharged hy the salc, and also les! t!-,e amount of any such items paid nt. thr distdhutior on t!l? sale, and shall also be relcascd and dischargec

/ of such liability to the extent o l any amount by whlcl t h e sale price, less such prlor liens, costs, taxes and mu-

~ h a t ' n i c i p n l claims, exceeds the fair market value as agreec


to by the judgment creditor or fixed and determined by the court as proviried in this subsection, and thereupon the Judgment creditor may proceed by appropriate proceedings ti, collpct the balance of the debt.

(d) Action :]I a'usencc of petition.-If the judgment crcditor shall fail to present a petition to fix the fair markct value of the real property sold within t!!c time after the sale of such real property provided by section - - ' . JJLL (ri!iating to six months limitation), the debtor, obligor, guarantor or any other person liable directly or inciiri,criy to thp judgment creditor for the payment of the debt, rir any person interested in any real estate wlr;ch would, except for the provisions of ihis section, hc bound by the judgment. may file a petition, as a sup- plrrnentary proceeding in the matter in which the judg- rnciit was cniered, in the court having jurisdiction, setting fnrth the F;xt of tile sale, and that no petition has been filed within the time limited by statute after the sale to f ix tiic fair market value of the property sold, whereupon the court; iiftcr notice as prescribed by general rule, and i~cing satisfird of such facts, shall direct the clerk to mark thi: judgment satisfied, releuscd and discharged.

(e) Waiver of benefit of section prohibited.-Any agreement made by any debtor, obligor, surety or gnar- antor at any time, either before or after or at the time of incurring any obligation, to waive the benefits of this section or to release an yobligee from compliance with section or to release any obligee from compliance with tho p;.ovisions hereof shall be void.

C i ~ . A , of judgment creditor to enter satisfaclii,n, (a) Gei?eml rule.-A judgment creditor who has re-

ceived sat~siaction of any judgment in any tribunal of this Commonwealth shall, a t the written request of the judgmellt dc.btor, or of anyone interested therein, and ten+. of the fce for entry satisfaction, enter satis- factron in the office of the clerk of the court where such judgment is outstanding, which satisfaction forever dischzrge thc judgment.

(b) Liquidated damages.--A judgment creditor who slldll fail or refuse for more than 30 days after written noticc in the manner prescribed by general rules to ccmply with a request pursuant to subsection (a) shall pay to the judgment debtor as liquidated damages 1% of tilc origjn:,l amount of the judgment for each day of de- iirlqueilcy beyond such 30 days, but not less than $250 nor tnnn 50% ,,f the amount of the judg. ment. Such liquidated damages shall be recoverable pursuant to general rules, by supplementary proceedings in the matier in which the judgment was entered.

SUBCHAPTER B

EXEMPTIONS FROM EXECUTION

Sec. 8121. Scope of subchapter. 8122. Waiver of exemption. 8123. General monetary cxernption. 8124. iCxemption of particular goods. 8125. Tangible personal property exhibited a t interna-

tional exhibitions. 812ii. Common carriers not liable. 8127. Transfer of claim to avoid policy of Commonwealth $ 8121. Scupe of subchapter.

(a) General rule.--Except as provided by subsection (b) thc caemptions from execution specified in this sub- cilaptcr are in addition to any other exemptions from csccution grnntcd by any other statute.

(b) Specil'ic sum of money.-Except as otherwise expressly providcd by statute, where the provisions of this subchapter and of any other statute granting exemption from exccution in tcrms of a specific sum af money are

5 8123. Gene~.al monedary exemption. (a) General rule.-In addition to any other property

Bpecifically exempted by this subchapter, property of the juugment debtor to the value of $300, includ~ng bank notes, money, securities, real property, judgments or other inilebtedncss due the judgment debtor, shall be exempt frvm levy and sale upon execution on a judgment. Withln ~ l i c h time as may be prescrihed by general rules the judgment debtor may claim the exemption either in kind ur in cash out of the proceeds of the sale and may desig- nalr the specific items of property to which the exemption provided by this saciion shall be applicable, unless that 1jZ:)perty is not capable of appropriate division.

(b) Exception.-Subsection (a) shall not apply to any judgment:

(1) For support. (2) Debtor who is not an individual. (3) Obtained for bo:ird for four weeks or less. (4) For $100 or less obtained for wages for manual

labor. ( c ) Reducticn.-Tile amount of the exemption speci-

fied in subsection (a) shall, as to executions issued by i.hc minor judiciary, be reduced by the value of any real or person2.l property of the judgment debtor which 3s generally s u h j ~ c t to attachment or levy and sale upon execution but which by law is not subject thereto upon executions issued by the minor judiciary. 8 8124. Excm~t ion of particular goods.

Thc following persr~nal property of the judgment debtor shall hc exempt from attachment or levy and sale upon ex"ution 'In judgment:

Wenring (') and school books. (31 Sewing machines belonging to seamstresses or

u"d and owned by private families, but not including "wing m'chincs kept *Or Or hire.

(4) [Uniform] UNIFORMS and accoutrements as provided by 51 l2a.C.S. s 4103 (relating to exemption of uni- io'"s and 8 8125 T~angihle personal property exhibited at inter-

national exhibitions. Tangible pcrsonal property on exhibition or deposited

by exhibitors at any international exhibition held under the auspices nf the Federal Government shall be exempt from distress, attachment, levy, sale or any other seizure for any cause whatsoever in the hands of the authorities Of exhibition or otherwise. 8 8126. Common not liable.

No common carrier or other person engaged in the busi- nfss of forwarding or transporting tangible personal property shall be liable in attachment as garnishee or otherwise whcn such tangible personal property is in transit and at the time of service of process is beyond the limits of this Commnnwealth without default, collusion or fraud on the part of such person. 5 8127. Transfer of claim to avoid policy of Common-

wealth. (a) General rule.-It shall be unlawful for any creditor

or obligee to crrmrnence cn action on or to transfer any claim against a resident of this Commonwealth for the purpose of having sueb claim collected by proceedings in a forum which accords such resident less favorable exemptions from exccution than are accorded by this Commonwealth, or for the purpose of depriving such resident of the right to have his personal earnings while in the hands of his employer exe3mpt from application to tllr payment of his dkbts.

(11) Remedy.-In addition to remedy by injunction or ui;lcrw!se, a resident of this Commonwealth who is aggrieved by any action by a creditor or obligee in viola- / tion of s&ibseclinn (a) shall havc a right of action against

1 thc creditor r;r obligee for treble the amount recovered simultaneously applicable to execution against a judgment dcbtar, such exemptions shall not be aggregated, but the judgment ciebtur shall be entitled to the benefit of the applicable statute granting exemption in terms of the largest specific sum of money. $ 8122. Waiver of exemption.

[Except as otherwise provided or prescribed by law, a.ny exemption1 EXEMPTIONS from execution granted by [law] STATUTE may not be waived by the debtor by express or implled contract before or after the commencement of the matter, the entry of judgment or otherwise.

from such resident ill violation of this section and reasonable counscl fees. The transfer of any claim against the resident :llld the cr~mnlcnccment of any action thereon outside this Conlmr~uwcalth shall he prima facie evidence of a purpose to violate thc provisions of subsection (a) .

CHAPTER 83

PARTICULAR HIGHTS AND IMMUNITIES

Subchapter A. Rights of Action

LEGliSLATlVE JOURNAL-HOUSE June 29,

B. Contribution Among Tort-feasors C. Immunities Generally D. Defamation

SUBCHAPTER A

RIGHTS OF ACTION

ters into a settlement with the injured person is not entitled to recover contribution from another joint tort- feasor whose liability to the injured person is not extinguished by the settlement. $ 8325. Effect of judgment.

The recovery of a judgment by the injured person against one ioint tort-feasor does not discharge the other

- I care, except any acts or omissions intenlionally de<cne: sec. 8321. Short title of subchapter. 8322. Definition. 8323. Scope of subchapter. 8324. Right of contribution. 8325. Effect of judgment. 8326. Effect of relcasc as to other tort-feasors. 8327. Liability to make contribution as affected by re-

lease. $ 8321. Short title of subchapter.

hi^ subchapter shall ,be known and may be cited as the contr,hUtlon A~~~~ ~ ~ ~ t . f ~ ~ ~ ~ ~ ~ ~ ~ t . 9 , S 8322. Definition.

used this subchapter "joint tort.feasorsZ3 means two or more persons jointly or severally liable in tort for the same injury to persons or property, whether or not judgment has been recovered against all or some of them.

8323. Scope of subchapter. hi^ subchapter does not impair any "f indemnity

under existing law. 5 8324. Right of contribution.

(a) (;eneral rule.-~he right of contribution exists, among joint tort-fcasors.

(b) Payment required.-A joint tort-feasor is not entitled to a money judgment for contribution until he

to harm or a n y grossly negligent acts or omissions which resuit in harm to the person receiving emergency care.

(b) Definition.-As used in this section "good iaith" shall include, but is not limited to, a reasonable opinion that the immediacy of the situation is such that the rendcring of care should not be postponed until the patient !"l'"spitalized. S 8332. Nonmedical good Samaritan civil immunity.

(a) General rule.-Any fireman, policeman, member of a volunteer ambulance or rescue squad or member of the Kational Ski Patrol who renders emergency care, first aid or rrscue while in the performance of his duties at the %.?ne of an emergency, or moves the person receiving such cxre, iirst aid and rescue to a hospital or other place uf nxclica! rare, shall not be liable to such pfrson for any ri i i i damages as a result of any acts or omissions in ren- ciering the emergency care, first aid or rescue, or moving thc person receiving the same to a hospital or other place of medical care, except any acts or omissions intentionally derigned to harm or any grossly negligent acts or omissions which result in harm to the person receiving the t'mergcucy care, firs! aid or rescue or being moved to a liospital or other place of medical care.

(b) Esc?ptions.- I ( I j This section shall not relieve a driver of an am-

bas by payment discharged the common liability or has bulance or other emergency or rescue vehicle from lia-- paid more than his pro rata share thereof. 1 bility arising from operatioil or use of such vehicle.

(c) Effect of settlement.-A joint tort-feasor who en-. (2 ) In ordcr for any fireman, policeman, member of a

ec. 341. Single publication limitation 342. Justification a defense.

PART VIII

CRIMINAL PROCEEDINGS

LEGISLATIVE JOURNAkHOUSE June 29,

--

(d) Definitions.-As used in this section the following I words shall have the meanings given to them in this sub-, section:

"Deaf." Persons who are deaf or whose hearing is st impaired that they are unable to understand or communi- eat? the spoken English language.

'.interpreter." A person qualified and trained to trans- late for or communicate with deaf persons. Any persor certified by the National or Local Registry of Interpreter! for the Deaf ar similar registry shall be considered ouali- fied for the purposes of this section.

CHAPTER 89

COMMENCEMENT OF PROCEEDINGS

Subchapter A. General Provisions B. Interstate Hot Pursuit C. Indictment and Information

SUBCHAPTER A

GENERAL PROVISIONS

Sec. 8901. Intrastate hot pursuit. p 8901. Intrastate hot pursuit.

Any police officer of any political subdivision may arrest with or without warrant any person beyond the territnrial limits of such ~ol i t ica l subdivision for a sum- - - ~ - - . -- ~ ~

mary or other offense committed by such persin within such political subdivision if the officer continues in pursuit of such person after commission of the offense. The police officer shall exercise under this section only the power of arrest which he would have, if he were acting within the territorial limits of his polltlcal subdivision.

5 8924. Construction of subchapter. This subchapter shall not be construed so as to make

unlawful any arrest in this Commonwealth which would ctherwise be lawful.

SUBCHAPTER B

INTERSTATE HOT PURSUIT

Sec. 8921. Scope of subchapter. 8922. Authority of officers of another state to arrest in

this Commonwealth. 8923. Hearing after arrest. 8924. Construction of suhchapter. 5 8921. Scope of suhchapter.

(a) General rule.-This subchapter shall apply only to peace officers of any state or political subdivision thereaf which by its laws has made similar provision for the arrest and custody of persons closely pursued within the territory thereof.

(b) Transmission of subchapter.-The Department of State shall certify and deliver a copy of this subcbapter to the executive authority of each state. g 8922. Authority of officers of another state to arrest in

this Commonwealth. Any peace officer of another state who enters this Com-

monwealth in close pursuit of a person, and continues within this Commonwealth in such close pursuit, in order to arrest him, shall have the same authority to arrest and hold in custody such person on the ground that he has committed a crime in such state which is an indictable offense in this Commonwealth as peace officers of this Commonwealth have to arrest and hold in custody a person on the ground that he has committed a crime in this Commonwealth. g 8923. Hearing after arrest.

If an arrest is made in this Commonwealth by an officer of another state, in accordance with the provisions of this subchapter, he shall, without unnecessary delay, take the person arrested before an issuing authority, who shall conduct a hearing for the sole purpose of determin-- ing if the arrest was in accordance with the provisions of this subchapter and not of determining the guilt or inno- cence of the arrested person. If such issuing authority determines that the arrest was in accordance with this subchapter, he shall commit the person arrested to the custody of the officer making the arrest, who shall with-, out unnecessary delay take him to the state from which he

SUBCHAPTER C

INDICTMENT AND INFORMATION

I

/

See. 8931. Indictment and Information. $ 8931. Indictment and Information.

( a ) General rule.-Except as provided in subsection (b) no uerson shall. for anv indictable offense. be uroceedt.d

fled. If such issuing authority determines that the arrest 1 was unlawful, he shall discharge the person arrested.


officer's jurisdiction written notice of the place of his imprisonment and his request for a final disposition to be made of the indictment, information or complaint: Provided, That for good cause shown ill open court, the prisoner or his counsel being present, the court having jnrisdictiorl of the matter may grant any necessary or reasonable continuance. The request of the prisoner shall

h e accompanied by a certificate of thc appropriate official having custody of the prisoner, statcn? the term oT

CHAPTER 91 commitment under which the prisoncr is being held, the DETAINERS AND EXTRADITION time already served, the time remaining to be served on

the sentence. the amount of good time earned. thc time

Article I1 to the production of his body in any court where 6is presence may be required in order to effectuate the purpose I

~~~-... ~ ~~~ ~- ~~-~~

(b) "Sending state" shall mean a state iu which a pris- ( f ) Escape from custody-by thc prisbner subsequent to ner is incarcerated at the time that he initiates a request his,execution of the request lor final disposition referred jr final disposition pursuant to Article I11 hereor or at to in paragraph (a) hereof shall void the request. i e time that a reiuest for custody or availability is ~i t ia tcd pursuant to Article IV hereof.

( c ) "Receiving state" shall mean the state in which :ial is to be had on an indictment, information or cam- laint pursuant to Article 111 or Article IV hereof.

Article 111

Article IV

(a) The appropriate officer of the jurisdiction in which an untried indictment, information or is pending shall be entitled to have a prisoner against whom he has lodged a detainer and who is serving a term of imprisonment in anv Dartv state made available in accordance

(a) Whenever a person has entered upon a term of im- risonment in a penal or correctional institution of a party a te , and whenever during the continuance of the term I imprisonment thcre is pending in any other party state ny untried indictment, information or complaint on thc asis of which a detsiner ha5 b-en lodged against the risoner, he shali be brought to trial within 180 days fter he shall have caused to be delivered to the prosecut-

with Article V (a) fiereof upon presentation of a written 1eijuc.t for temporary custody or availability to the sp- piopriate authorities of the state in which the priso?er is incarrrrated: Provided, That the court having jur~s- diction of such indictment, information or complaint shall have duly approved, recorded and transmitted the request: And provided further, That there shall be a pefiod of 30 days after receipt by the appropriate authorltles

~g officer and the appropriate court of the prosecuting before the request be honored, within which period the!


Governor of the sending state may disapprove the request transported to or from any place at which his presence for temporary custody or availability, either upon his own may be required, the prisoner shall be held in a suitable motion nr llnnn motion of the nrisonpr. 1 ikil or other facilitv reeularlv used for nersans awaitine ~~- . .- .-- . . -r --- - - - ~ ~

~ ~- ~~-~~ ~. - . ~~~~ ~ ~~ ~ -

(b) Upon receipt of the officer's written request a s pro- prosecution. vided in paragraph (a) hereof, the appropriate authorities (e) At the earliest practicable time consonant with the having the nrisoner in custody shall furnish the officer purposes of this agreement, the prisoner shall be returned with a certificate stating the term of commitment under to the sending state. which the prisoner is being held, the time already served, ( f ) During the continuance of temporary custody or the time remaining to be served on the sentence, the while the pristjner is otherwise being made available for :>mnllnt. nf snnrl time earned. the time of narnle elieibilitv trial as rcauircd bv this agreement. time beine served on - . . . - -. . . -. 0 - - - - ~ ~ - ~ - ~~ ~

the sentence shall "continue to run but good t h e shall be earned by thc prisoner only if, and to the extent that, the law and practice of the jurisdiction which imposed

\ - , . . . . - . . . . - -. - - " A~ ~ ~ ~ ~ ~ , , ~~~ ~~~

article, trial shall he commenced within i20 days of the any escape from tehporary custody may hc"dea1t witk arrival of the prisoner in the receiving state, but for good in the same manner as an escape from the original place cause shown in open court, the prisoner or his counsel of imprisonment or in any other manner permitted bg

courts i i the receiving state who have lodgeddetainers against the prisoner with similar certificates and with notices informing them of the request for custody or availability and of the reasons therefor.

r r > h reqnert of anv nroceeding made nossible bv this

being present, the-court having jurisdiction of the matter law. may grant any necessary or reasonable continuance. (h) From the time that a party state receives custod~

(d) Nothing contained in this article shall he ronstrued of a prisoner pursuant to this agreement until such pris- tn denrive a n v nrisoner of anv rieht which he mav have oner is returned to the territory and custodv of the send-

the sentence may allow. (g) For all purposes other than that for which tem-

porary custody as provided in this agreement is exercised the prisoner shall be deemed to remain in the custody of and suhicct to the iurisdiction of the sendinn state anc

.- -.." =.-- ~~~~ - to contest the legality of his delivery as provided in paragraph (a) hereof, but such delivery may not he opposed or denied on the ground that tbe executive author~ty of the sending state has not affirmatively consented to or ordered such delivery.

(e) If trial is not had on any indictment; information or complaint contemplated hrrehy prior to the prisoner's being returned to the original place of imprisonment pnr- suant to Article V (e) hereof, such indictment, informa- tlon or complaint shall not be of any fur ther force or effect, and the court shall enter an order dism~ssing the same with prejudice.

Article V

ing state, the state in which the onc or more untricd in. dictments, informations or complaints are pending or ir which trial is being held shall he responsible for tht prisoner and shall also pay all costs of transporting, car- ing for, keeping and returning the prisoner. The pravi. sions of this paragraph shall govern unless the states con cerned shall have entered into a supplementary agree. ment providing for a different allocation of costs an[ responsibilities as hctween or amonr: themselves. Noth. ing herein contained shall he construed to alter or affec any internal relatlonship among the departments, agencie: and officers of and in the government of a party state or between a party state and its subdivisions, a? to thl paymcnt of costs, or responsibilities therefor.


ai?:>Ii;ahili!y thereof to any government, agency, person . . i:r circumctance shall n o t ~ h c affected thereby. I f this .rg;ee!nent shall be held contrary to thc Constitution of nuy statc party hereto, the agreement shall remain in full force :lnd effect as to the rcmainine states and in full lorcc ';id effect as to the state affecred as to all sev-

,$ !1103. ~ n f o r c i m e n t and c60geration. All covcrnment units of this Commonwealth a re hereby

rlirectcd to enforce thc Agreement on Detainers and to cooperate with one another and with other party states in enforcing thc a::reement and cfiectuating its purpose. $ !1!01. Sccond and subsequent offenses.

Nothing in this subchapter or in the Agreement on

~. ~- ~

:.?ason of the Gse of said agreement. ,, - . '.-,

Escape from custody while in another state pursuant .ii the Agrccrnent d n Detainers, shall constitute an offense against the laws of this Commonwealth to the ;ame extent and deeree as a n escane from the institu- ~~ ~ ~~

:ion in which the tr isoner was &fined immediately x i o r to !laving been sent to another state pursuant tb .he provisions of the Agreement on Detainers, and shall )e p~inishable in the same manner as an escape from such nstitution. I 9106. Duty of warden or other ofiicial.

it shall be lawful and mandatory upon the warden or lther official in charge of a penal or correctional insti- utiui~ in thls Commmriwealth to give over the person of my i~lmate thercoi whcnever so required by the opera- ion of the Agreement on Detainers. i 9107. Administrator and information agent.

The Deparlnient of Justice shall serve as central ad- ninistmtor of and iniormation agent for the Agreement in Det~iners. : iJlO8. Transmission of subchapter.

'Phe Departmcnt of State shall certify and deliver a .opy of this suhchapter to the executive authority of each tate.

SUBCHAPTER B

EXTRADITION OF PEESONS CHARGED WITH CRIME

;cc. 2 . Short title of subchapter. 122. Definitions. !%3 Dutv of Governor with respect to fugitives from

justice. 124. Form of demand. 125. Governor may investigate case. 126. Extradition of persons imprisoned or awaiting lrial

in another state or who have ieft the demanding statc under compulsion.

.

127. Extradition of persons not present in demanding statc at time of commission of crime.

128. Issue by Governor of warrant of arrest. 120. Manncr and placc of execution. !SO. Authority uf arresting officer. 131. Rights of accused person. 132. Penalty for ntlncompliance. 133. Confinement in jail.

19143. Duty of Governor in case of fugitives from this Commonwealth.

9114. Issuance of requisition. !1145. Immunity from service of proccss in cwtain civil

actions. 9146. Written waiver of extradition proceedings. 9147. Nonwaiver by Commonwealth. 9148. Liability to further criminal prosecutions. S 9121. :Short title of suhchapter.

''his subchapter shall he known and may be cited as the "Uniform Criminal Extradition Act." 5 9122. Definitions.

The following words and pbrases, when used in thi!; subchapter shall have, unless the context clearly indicates otherwise, the meanings given to them in this s ~ r t i n n .

~~~~~-~

"Governor." Includes any person performing the [unc- tions o< Governor by ;iuthority of the law uf this Com- m n n w ~ z l t h .~

"State." Includes, when referring to a state othw than this Commonwealth, any other state or territory, organrL- ed or unorganized, of the United States o l America. B 9123. Dutv of Governor with rcsuect to fueitivrs Irom

131. Arrcst prior to requisition. 13.1. Arrest w i t i ~ n u t a warrant. 136. Cornmitmfnt to await requisition. 137. Eail. 138, Exlension of time of commitment


.iurisdiction of the offcns- unless the accused give bail the arrest and return of the accused to this Common- as provided in section 9137 (relating to hail), or until he wealth for trial, and that the proceeding is not insti-

- ~ -- ~~ ~~ ~~- A~ ~ ~ ~ - - ~~~~ ~ ~

~~~~ ~ -~~~~~ ~

imnrisonrnent under tile laws of the st& in which i t 1 from co

L--.. ~ - - ~ - - ~~

>is Commonwealth and has escaped nfinement or broken the terms of his hail. wro-

was committed, a judge or issuing authority in this bation or parole, the prosecuting attorney of the cointy Commonwcalth may admit the person arrested to bail by in which the offense was committed, the parole hoard or bond with sufficient sureties and in such sum as he deems the warden of the institution or sheriff of thc county

new hond. I plaint made to the judge or issuing authority stating the

S 9138. Extension of time of commitment. If the accused is not arrested under warrant of the

Governor by the expiration of the time specified in the warrant or hond, a jvdqc or issi?ing authority may discharge him or may recommit him for a further period, not to exceed 60 days, or a judge or issuing authority may again take bail for his appearance and surrender, as provided in section 9131 (relating to bail), but within a ~ e r i q d not to exceed 60 days aftcr the date of surh

. ..- ---- & ~ - - A ~ -- ~ ~ ~

arrest without warrant if he be within this Ccmmon- I c::tjbo. One copy of the application with the acti& of wealth. Recovery may be had on surh bcnd in thc the Garrcrnor indicated by endorsement thereon and one

~~~~ ---- - - ~-~~ . ~ ~~

the circumstances of his escape from confinement or of the breach of the terms of his bail, probation or parole, thc statc in which lle is believed to be, including the location of the person therein at the time application is made.

(c) Procedure.-Thc application shall he verified by affidavit, shall be executed in duplicate and shall he accompanied by two certified copies o' the indictment returned. or information and affidavit filed. or of the com-

I ., .. -~ ---- - - - - - ~ - ~ ~ - - ~ ~~~~~~ ~

monwealth at time of ;eonisition. conies of all naners shall he forwarded wi th the r~au i s i -

1976. LEGISLATIVE JOURNAL-HOUSE 585 1

5852 1,EGISLATIVE JOURNALHOUSE June 29,

deemed to be located in a county until the facilities specifiedin 42 Pa.C.S. § 3703(a) and 42 Pa.C.S. Q 3704(a) are provided by the center.

(d) Until otherwise provided by statute, in every county of the first class:

(1) Thcre shall he set apart by the officer receiving thc same from the fees fixed under 42 Pa.C.S. Q 1725 (relating to establishment of fees and charges) and re- mitted monthly to the treasurer of the bar association or other nonprofit corporation operating the public law lihrary of such county:

(i) The sum of $1.50 for each defendant named in all original actions brought in the county, entries of a jndgment in the court of common pleas (except a judgment by confession for the payment of money) where an action has not been previously commenced, n~~p?a l s from the municipal court ~stahlished for thi. county, issued or reissued writs of execution and revivals of a judgment.

(ii) The sum of $2.25 for each entry of a judgment by confession for the payment of money in any court of rccnrd of the county.

(iii) The sum of $2.00 for every filing with respect to fictitious names, whether individual or cor- poratr, in the office of prothonotary of the county.

(iv) Ten perccnt of the filing fees at the time in effect for the probate of wills, the issue of letters testamentary, the issue of letters of administration and the filing nf accounts with the register of wills and the filing of accounts of trustees and guardians in the court of cnmmon pleas of the county.

(2) The provisions of paragraph ( l ) ( i ) , (iii) and (iv) shall not apply to any actlons taken or mitiated by any political suhdivisinn.

(3) The written receipt for said moneys of the treasurer of such bar association or nonprofit, corporation, as the case may be, shall be the only legal discharge of such officcr.

(4) The Department ?f General Services shall annually, and f r r - of. charge, dlstrlbute to the treasurer of each such har assoc~atinn or nonprofit corporation, as the case may hc, fur the usc of its library, 60 copies of the Laws f Pennsylvania for th? purpose of enabling the said lihr?ry to cxchange a copy of the said laws for a copy of slmllar publications of other states and of the terri- tories of the United States of Amer~ca.

(e) Until otherwise provided by statute, the prothonotary of all countips of the sccond class shall set apart the sum of 50# from the fees fixed under 42 Pa.C.S. 8 1725 and collected by them on the following proceedings and rrmit monthly the total collected to the county treasurer for the exclusive use and benefit of the public law library in the county:

(1) All appeals to the court of common pleas from administrative boards, agencies, commissions, authorities, ordinances of local government bodies, or other entities.

(2) Any and all other appeals which are filed with or are to be 11card by the court of common pleas not specifically sct forth in paragraph ( I ) , including but not limited to appeals from district justices.

(3) Appointments of Boards of View. (4) Certiorari to district justices and magistrates. (5) Commencement of any civil action. (6) Filing praccipes for and issuance of writs exe.

cution. (7) Entry of judgment by confession. (8) Filing adversary and amicable scire facias. (9) Miscellaneous writs not specifically provided for. ( f ) Except as otherwise provided by statute, by gen-

era1 rule or by order of the governing authority, the president judge of a court of common pleas shall exercise the powers of the court under 42 Pa.C.S. $ 3726 (relating to manncr of expenditure of local funds).

by statute, whichever is less, notwithstanding any provisions of subchapter B of Chapter 55 of Title 42 (relating to civil actions and proceedings) or any other provision of this act providing a shorter limit a t ' lon.

(h) No cause of action fully barred prior to the effective date of this act shall be revived by reason of the enactment cf this act.

(c) The period of limitations specified in this act with respect to crimes and offenses shall not apply to crimes and offenses committed before the effective date of Title 18 (relating to crimes and offenses) and the prior statutes of limitation are hcreby continued in force as to such crimes and offenses.

Section 26. Repeals and related provisions.-(a) Sec- tion 1 (except in so far as it relates to the powers of the Supremc Court), first sentence of section 2. sections 4 and 13, subsections (a), (b), (c), (d), (e) , (f) , (g), (h) , ( i ) , ( j ) , ( r ) , (s), <t ) , (u) , (w) and (except as provided in sectlon 22 of thls act) ( z ) of sectlon 16, sectlons 18, 20, 21 and 27, Schedlile to Article V of the Constitution of Pennsylvania, adopted April 23, 1968, are hereby super- s e d ~ d and suspended absolutely.

(b) Subscctions (01, (p) and (q) of section 16, and sections 17 and 25, Schedule to Article V of the Constitu- tion of Pennsylvania, adopted April 23, 1968, are hcreby superscdcd and suspended absolutely effective upon the date upon which the provision is or was suspended absolutely by general rule.

(c) [Pending the enactment of specific repeals of acts supplied by this act, this act shall be deemed to super- sede any inconsistent provisions of those acts specifier1 in the official source notes to this act and all other incon-. sistent prov;sions of any statute, home rnle charter or local ordinance or resolution.1 The provisions of I Pa.C.S. 5 1952 (relating to effect of separate amendments on code provisions enacted by same General Assembly) and 1 Pa.C.S. $ 1974 (relating to effect 00 separate repeals on code provisions by same G ~ n e r a l Assembly) shall not be applicable to this act in so far as relates tn arts of the present General Assembly through the act of [December 19, 1975 (No. 174).] APRIL 17, 197fi (No. 52).

(d) The following provisions are hereby repealed insofar as they relate to any county office or officer any of the fees and charges of which are established by the governing authority of the unified judicial system pursuant to 42 Pa.C.S. 5 1725 (relating to eslahlishment of fees and charges):

( I ) Any provision of law limiting the salary of any officer of the City and County of Philadelphia by reference to the net fees received and paid in or earned and due the said city and county for services rendered by his office, after deduction of payments to deputies and clerks.

(2) Section 1806, act of July 28. 1953 (P. L. 723, No. 230), known as the "Second Class County Code."

(e) Section 601 of the act of April 9, 1929 (P. L. 177, No. 175), known as "The Administrative Code of 1929," IS hereby repealed insofar as it authorizes or requires the Budget Secretary to distfibute blanks necessary for the preparation of budget estimates to the prothonotaries of the various courts of the Commonwealth.

( f ) ( l ) Last sentence of clause (7) of subsection (b) of section 605, act of March 16, 1972 (P. L. 108, No. 391,; known as the "Environmental Improvement Compact, 1s hereby repealed al)solutely.

(2) Subsections (c) and (dl of section 18, act of De- cember 6, 1972 (P. L. 1614, No. 335), known as the "Penn- sylvania Blood Bank Act," are hereby repealed absolutely.

[(g) All other parts of those acts which are specified in this section and all other acts and parts of acts are hereby repealed in so far as inconsistent with this act.]

1976. LEGISLATIVE JOURNAL.---HOUSE 5855


1::OB). Paragraphs (2) to (6) new. 42 Pa.C.S. 2738: New. 42 Pa.C.S. 5 2751: Derivcd f rom Constitution, Art . V,

Schedule, 5 16 ( I ) , Art. IX, 5 4, act of July 28, 1953 (P.I,, 723, No. 230), § 401 (16 P.S. 5 3401.); act of August 9, 195.5 (P.L. 323, No. 130), 5 401 (16 P.S. B 401).

42 Pa.C.S. 5 2752: New. 42 Pa.C.S. § 2753: New. 42 Pa.C.S. B 2754: New. 42 Pa.C.S. 5 2155: Derived from act of Ju ly 28. 1953

(P.L. 723, No. 230), 1304 and 1823 (16 P.S. $5 4304 and 4F23), act of August 9, 1955 (P.L. 323, No. 130). §§ 1303, 1315 and 1623 (16 P.S. $5 1305, 1315 and 1623).

42 Pa.C.S. 5 2756: New. 42 Pa.C.S. 5 2757: Paragraph (1) derived from act of

.July 28, 1953 (P.L. 723, No. 230), 5 1305 (16 P.S. 5 4305), act of August 9, 1955 (P.L. 323, No. 130), 5 1306 (16 P.S. 1306). Paragraphs (2) to (5) new. See also act of June 25, 1037 (P.L. 2326, No. 446) (19 P.S. 5 81 e t seq.).

42 Pa.C.S. 5 2771: Derivcd f rom Constitution, Art . V, Schedule, §S 15 and 16 (n ) , act of Ju ly 28, 1953 (P.L. 723, No. 230), 5 401 (16 P.S. 3401), act of August 9, 1955 (P.1,. 323, No. 1301, 5 401 (16 P.S. § 401).

42 Pa.C.S. $2772: Subsection (a ) new. Subsection (h ) derived from Constitution, Art. V, Schedule, § 16 ( n ) .

42 Pa.C.S. 6 2773: Derivrd from 20 P3.C.S. 5 711 (relat- in!: to duties of clerk).

42 Pa.C.S. $ 2774: New. 42 Pa.C.S. 8 2775: Derived f rom act of July 28, 1953

(P.1,. 723, No. 230), $9 1304, 1309 and 1823 (16 P.S. $5 4304, 4809 and 4823), act of August 9, 1955 (P.L. 323, N3. 130). 35 1305, 1310, 1316 and 1623 (16 P.S. §$ 1305, 1310, 1316 and 16231, 20 Pa.C.S. 6 741 (relating to duties of clerk) .

42 Pa.C.S. 5 2776: New. 42 Pa.C.S. 5 2777: Paragraph (1) derived f rom act of

duly 28, 1953 (P.L. 723, No. 230). 5 1305 (16 P.S. 5 43051, act of August 9, 1955 (P.L. 323, No. 130). g 1306 (16 P.S. $ 1300). Paragraph (2) derived f rom 20 Pa.C.S. \r 741 (rclating to duties to the clerk) . Paragraph (3) to (6) new.

42 Pa.C.S. S 3101: Dcrivcd f rom Constitution, Art. V, 5 12 (a) .

42 Pa.C.S. $ 3111: Derived f rom act of February 24, 1970 (No. 221, 8 2 (42 P.S. $ 1212).

42 Pa.C.S. 8 3112: Derived from Constitution, Art . V, $ 12 (b) and also derived from Schedule $ 21 and act of February 24, 1970 (No. 22), 5 4 (42 P.S. B 1214).

42 Pa.C.S. 5 3113: Derived from act of February 24, 1970 (No. 221, § § 5 and 4 (42 P.S. 55 1213 and 1214).

42 Pa.C.S. $ 3114: Derived from act of Fehrnary 24, 1970 (No. 221, 5 4 (42 P.S. 5 1214).

42 Pa.C.S. 5 3115: Derived f rom act of February 24, 1970 (No. 22), § 7 (42 P.S. 5 1217).

42 Pa.C.S. $ 3116: Derived from act of February 24, 1970 (No. 22), 5 7 (42 P.S. 1217).

42 Pa.C.S. 5 3117: Derived f rom act of February 24, 1970 (No. 22), S 5 (42 P.S. 5 1215).

42 Pa.C.S. gi 3118: [Substantially a reenactment oi l DE- RIVED FROM act of February 24, 1970 (No. 22), § 6 (42 P.S. 9 1216).

42 Pa.C.S. 8 3131: Derived f rom Constitution, Art . V, $ 13 (a ) and Schedule, 16 (Z) a n d 21, act of DAarch 7, 1901 (P.1,. 20). Art . XVI. 5 1 (53 P.S. $ 22261) a n d act "f .T:lnn- a r p 6, 1970 (P.1, 4341, § 3 (g) (17 P.S. B 211.3 ( g ) ) .

42 Pa.C.S. 5 3132: Dcrivcd from Constitution, ~ r t . V. 6 12 (b ) and (c) and S c h e d u l ~ , 521 and act of March 7, li!O! (P.L. 20), Art . XVI, $ 1 (53 P.S. 5 22261).

12 Pa.C.S. 5 3133: Substantially a rcellactment nf a r t of Janllary 6, 1970 (P.L. 434), 5 3 ( i ) (17 P.S. 5 211.3 ( i ) ) .

42 P a C S . $ 3134: Suhstan!ially a Eenac tment of act of nlay 13, l!lG!l (P.L. 36), 5 :, (a ) and (b) (17 P.S. S 710-9 (a ) and 01)).

42 Pa.C.S. $ 3135: Gmernlization of a r t or .Jnnu?ry 8. 1952 (P.L. (1951) 1844) (No. 494). 5 6 (17 P.S. S 789) m i similar s i a t n t ~ s .

42 Pa.C.S. $ 3151: Derivcd f rom Constitution, Art. VI, 8 3, act of %?,larch 22. 1877 (P.L. 12), 5 4 (42 P.S. $ RI), and act of June 22. 1964 (P.L. 841, S. 804 (26 P S . 8 1-804).

42 Pa.C.S. 5 3152: Drrivcd From Constitution. Art. V, 8 lii ( a ) , ~ c h c d u l e $ 21, act of March 7. 1901 (P.1,. 20), Art . XVI, 1 (53 P.S. 5 22261) and act of Jan, jary 8, 1952 (P.L.

(1951) 1844) (No. 494), 5 5 (17 P.S. 6 788).

42 Pa.S.C. 5 3153: Derived from Constitution, Art . V, 5 15 (b) .

42 Pa.C.S. 5 3154: Subsection ( a ) derived from Consti- tution, Art . V, 5 16 ( a ) . Subsection (b) new.

42 Pa.C.S. 5 3301: Derived from Constitution, Art. V, 5 17 (a) .

42 Pa.C.S. $ 3302: D ~ r i v e d from Constitution, Art . V, § 17 (b ) .

42 Pa.C.S. $ 3303: Generalization of Constitution, Art . V, 5 17 (c).

42 Pa.C.S. $ 3304: Generalization of act of April 14, 1834 (P.L. 3331, $ 75.1 (17 P.S. 1607.1) and act of December 6, 1972 (No. 299) (42 P.S. 5 1406.1).

42 Pa.C.S. 5 3305: Derived f rom Constitution, Art. V, 5 18 (1).

42 Pa. C.S. 5 3306: Derived from Constitution, Art. V, 5 11; (In). .

42 Pa.C.S. 5 3307: Derived f rom last scntcnce of Consti- tution, Art . V, 5 18 (n).

42 Pa.C.S. 8 3321: Subsection (a ) derived from Constitu- tion, Art., V, Schedule 5 7. Subsection (b ) derived from Constitution. Art. V, Schedule 5 16 (21.

42 Pa.C.S. 3322: Pat terned after 42 Pa.C.S. 5 3321 as proposed to be added by bill.

42 Pa.C.S. 5 3331: Derived from Constitution, Art. V, 5 1G (d) and (k).

42 Pa.C.S. 5 3332: Derived from Constitution, Art. V, 5 IT, ( e ) , (I1 and last sentence of (h) .

42 Pa.C.S. 5 3333: Derived from Constitution, Art. V, B IS (g) and first through fourth sentences of (h).

42 Pa.C.S. $ 3334: Derived from f i f th sentence of Con- stitution, Art . V, 5 18 (h) .

42 Pa.C.S. 5 3351: Derived from first sentence of Consti- t~.tion, Art . V, 5 16 (b) .

42 Pa.C.S. $ 3352: Subsection ( a ) derived f rom serond and third sentences of Constitution, Art. V, 5 16 (b ) . Snb- section (b ) new.

42 Pa.C.S. \r 3501: New. 42 Pa.C.S. $ 3502: New. 42 Pa.C.S. $ 3503: Pat terned af ter act of May 16, 1945

(P.L. 594) (No. 2481, 1 (42 P.S. 5 735.1). 42 Pa.C.S. 5 3521: Pat terned af ter act of April 9, 1929

(P.L. 1771, 601 (71 P.S. 5 221). 42 Pa.C.S. 5 3522: New. 42 Pa.C.S. S 3523: New. 42 Pa.C.S. 5 3524: New. 42 Pa.C.S. B 3525: Patterned af ter act of April 9, 1929

( P L . 1771, 5 603 (71 P.S. 5 223). 42 Pa.C.S. 5 3526: Pat terned af ter act of April 9. 192s

(P.L. 177). 5 604 (71 P.S. 5 224). 42 Pa.C.S. 5 3527: Pat terned af ter act of April 9, 192'

(P.L. 177). 5 605 (71 P.S. 5 225). 42 Pa.C.S. 5 3528: Pat terned af ter act of April 9, 192!

(P.L. 177), 5 608 (71 P.S. S 228). 42 Pa.C.S. 5 3529: Derived in par t f rom Constitution

Art. VIII, 8 10, and S.B. 827 (P.N. 901) of 1973. Comparr act of J u n e 30, 1970 (No. 1511, 3 (71 P.S. 5 1189.3). Sec- tlon (d ) is new.

42 Pa.C.S. 8 3530: Derived f rom act of April 9, 192! (P.L. 343, No. 176), 8 1501 (72 P.S. 5 1501).

42 Pa.C.S. 5 3541: New. 42 Pa.C.S. 15 3542: New.] $5 3342 AND 3543: Pat ternet

in par t a f te r act of May 16, 1945 (P.L. 594) (No. 2411). B 1 (42 P.S. 5 735.1), act of Ju ly 28, 1953 (P.1,. 723), 6 1037 ( I f P S . 8 49371, act of August 9, 1955 (P.L. 323), 8 1737 ( I f P.S. 8 17371, act of December 2, 1968 (No. 352). B 7 (4:

::!:{; ztl ,"; $ ~ ~ ~ ~ ~ 9 , & $;,(,$; zk f177F(% 710-10) and 18 Pa,C,S, s5 1101 (b) and 4321 (,,), 42 p a . c . j . [$ 3543:] $5 3544 AND 3545: Patterned i r

part after act of May 13, 1969 (P.L. 36). 8 9 (17 P.S. ! 710-9).

42 Pa.C.S. 6 3546: Substantially a reenactment of act il 7nne 1, 1913 '(P.L. 11411, 5 6 (16 P.S. 5 78661, a r t of Ma: 23, 1945 (P.L. 870). 6 (16 P.S. 5 11336) and a r t of Ma, 9. 1949 (P.L. 927), $ 6 (16 P.S. 5 11306).

42 Pa.C.S. 5 3561: Derived from 20 Pa.C.S. B 746. 142 Pa.C.S. § 3701: New.] 'I2 PaC.S. $ 3702: New. 42 Pa.C.S. 5 3103: Substantially a reenactment (insofa

a? relates to facilities of Statewide judges) of act of Apr 5. 1917 (P.L. 43), 5 I (16 P.S. 5 8304). act of July 28, 195


42 Pa.C.S. 5 6333: Reenactment of act of December 6, 1972 (No. 333), 5 16 (11 P.S. 5 50-313).

42 IJa.C.S. 5 6334: Recnactment of act of December 6, 1972 (No. 333). 5 17 (11 P.S. 5 50-314).

42 Pa.C.S. 5 6335: Reenactment of a d of December 3. 1972 (No. 333), 518 (11 P.S. § 50-315).


42 Pa.C.S. $ 6337: Reenactment of act of December 6, 1972 (No. 333), 5 20 (11 P.S. 5 50-317).

42 Pa.C.S. 5 6338: Reenactment of act of December 6, 1972 (No. 333), § 21 (11 P.S. 5 50-318).

42 Pa.C.S. 8 6339: Kcenrctment of act of December 6, 19i2 (No. 333), $ 22 (: 1 P.S. ,$ 50-319).

42 Pa.C.S. 5 6340: Substantlally a reenactment nf act of December 6, 1972 (No. 333), 5 8.1 (11 P.S. 5 50-305).

42 Pa.C.S. !: 6341: Reenactment of act of December 6, 1972 (No. 333), 5 23 (11 P.S. 5 50-320).

42 Pa.C.S. 5 6351: Substantially a reenactment of act of December 6, 1972 (No. 333). 5 24 (11 P.S. 5 50-321) af ter substituting a reference to 5 33 for a n erroneous refer-

42 Pa.C.S. § 6752: Reenactment of act of December 6, 1972 (No. 2911, 5 12 (62 P.S. 5 2043-14).

42 Pa.C.S. 5 6753: Reenactment of act of December 6 , lYi2 (No. 291). § 13 (62 P.S. 5 2043.15).

42 Pa.C.S. § 6754: Reenactment of act of December 6, 19i2 (No. 291), 5 14 (62 P.S. 5 2043-16).

42 Pa.C.S. 5 6755: Recnactment of act of December (i, 1!372 (No. 291), $ 15 (62 P.S. ,§ 2043-17).

42 Pa.C.S. § 6756: Substantlally a reenactment of act of December 6, 1972 (No. 291). $ 16 (62 P.S. § 2043-18).

42 Pa.C.S. 5 6757: Reenactment of act of December ti, 1972 (No. 291), 8 17 (62 P.S. § 2043-19).

42 Pa.C.S. 5 6758: Reenactment of act of Derember 6, 1972 (No. 291). 5 18 (62 P.S. 5 2043-20).

42 Pa.C.S. 5 6759: Reenactment of act of December 5, 1972 (No. 291), 5 19 (62 P.S. § 2043-21).

42 Pa.C.S. 5 6760: Reenactment of act oi' December 6, 1072 (No. 291), § 20 (62 P.S. 5 2043-22).

42 Pa.C.S. § 6761: Reenactment uf act of December 6, 1972 (No. 2911, g 21 (62 P.S. 5 2043-23).


42 Pa.C.S. 5 6763: Substantially a reenactment of act of December 6. 1972 (No. 291). 5 23 (62 P.S. 5 2043-25).

42 Pa.C.S. 5 6764: Reenactment of act of December ri, 1972 (No. 291), 5 24 (62 P.S. 5 2043-26).

42 Pa.C.S. B 6765: Reenactment of act of Decen~ber 6, 1972 (No. 291), 5 25 (62 P.S. 5 2043-27).

4" Pa.C.S. 5 6766: Substantially a reenactment of act ul December 6. 1972 (No. 291). 5 26 (62 P.S. 5 2043-28).

42 Pa.C.S. S 6767: Reenactment of act of December 6, 1972 (No. 291), $ 27 (62 P.S. 5 2043-29).

42 Pa.C.S. 5 6768: Rcenactment of act of December ti, 19.72 (Nu. 291), 5 28 (62 P.S. $ 2043-30).

42 Pa.C.S. S 6769: Reenactment of act of December 6, 1972 (No. 291). S 29 (62 P.S. 5 2043-31).

42 Pa.C.S. 8 6770: Reenactment of act of December 6, 1972 (No. 2911, § 30 (62 P.S. $ 2043-32).

42 Pa.C.S. § 6771: Reenactment of act of December 6, 1972 (No. 291), 5 31 (62 P.S. 5 2043-33).

42 Pa.C.S. 5 6772: Reenactment of act of December ti, 15172 (No. 291), 5 32 (62 P.S. $ 2043-34).

42 Pa.C.S. 5 6773: Reenactment of act of December 6. 1972 (No. 2911, 5 33 (62 P.S. § 2043-35).

42 Pa.C.S. § 6774: Reenactment of act of December 6, 1972 (No. 291), $ 34 (62 P.S. 5 2043-36).

42 Pa.C.S. § 6775: Rcenactment of act of December 6, 1972 (No. 291), 5 35 (62 P.S. 5 2043-37).


42 Pa.C.S. $ 6777: Rcenadment of act of December 6, 1972 (No. 291), 5 31 (62 P.S. 5 2043-39).

42 Pa.C.S. § 6778: Reenactment of act of December E, 1972 (No. 2911, 5 38 (62 P.S. 5 2043-40).

42 Pa.C.S. 5 6779: Reenactment of act of December fi, 1972 (No. 291), 5 39 (62 P.S. 5 2043-41).

42 Pa.C.S. 8 6780: Reenactment of act of December 6, 1072 (No. 291). 5 40 (62 P.S. 6 2043-42).

42 Pa.C.S. 5 7101: Substantially a reenactment of act ol J une 9. 1972 (No. 97) (12 P.S. $5 1630 and 1631).

142 Pa.C.S. 5 7301: Pat terned af ter Uniform Arbitration Act, $ 23.

42 Pa.C.S. 5 7302: Compare act of April 25, 1927 (P. L 331) (No. 248), § 16 (5 P.S. 5 176). Subsection (c) i!; in^ tended as a ccdification af Pennsylvania Turnpikc Con,- mission v. Sanders & Thomas, Inc., P a

, 336 A.2d 609 (1975). 42 Pa.C.S. 5 7303: Pat terned af ter Uniform Arbitratior

Act, 5 1. Compare act of April 25. 1927 (P. L. 381) (No 248), 5 1 (5 P.S. 5 161).

42 Pa.C.S. 3 7304: Pat terned af ter Uniform Arbitratior Act, 5 2. Compare act of April 25, 1927 (P. L. 381) (No 248), $8 2 and 3 (5 P.S. 55 162 and 163).

42 Pa.C.S. 5 7305: Pat terned a f te r Uniform -4rbitratior Act, 5 3. Compare act of April 25, 1927 (P. L. 381) (No 248), 5 4 (5 P.S. 5 164).

42 Pa.C.S. 5 7306: Pat terned after Uniform Arbitratior Act, 5 4. Compare act of April 25, 1927 (P. L. 381) (No 248), $5 8 and 18 (5 P.S. 35 168 and 178).

42 Pa. C.S. 5 7307: Pat terned after Uniform Arbitratjor Act, 5 5. Compare act of April 25, 1927 (P. L. 381) (No 248), 9 6 (5 P.S. 8 166).


42 Pa.C.S. 5 8343: Reenactment of act of August 21. 1953 (P.L. 1291), 5 1 (12 P.S. 5 1584a).

42 Pa.C.S. 5 8344: Reenactment of act of April 11, 1901 (P.L. 74), 5 3 (12 P.S. § 1583).

42 Pa.C.S. 5 8345: Reenactment of act of August 21, 1953 (P.L. 1241), 5 1 (12 P.S., 5 1585).

42 Pa.C.S. § 8701: Derlved from act of October 10, 1974 (No. 230), $5 1, 2, 3 and 5 (19P.S. 5 797.1).

42 Pa.C.S. 5 8901: Substant~ally a reenactment of act of August 6, 1963 (P.L. 511) (No. 267), 5 1 (19 P.S. 5 11).

42 Pa.C.5. 5 8921: Reenactment of act of July 1, 1937 (P.L. 2663). $5 5 and 6 (19 P:S. $5 18 and 19).

42 Pa.C.S. 5 8922: Substantlally a reenactment of act of July 1, 1937 (P.L. 2663), 5 2 (19 P.S. § 15).

42 Pa.C.S. 5 8923: Reenactment of act of July 1, 1937 (P.L. 2663). 5 3 (19 P.S. 5 16).

42 Pa.C.S. 5 8924: Reenactment of act of July 1, 1937 (P.L. 2663), 4 (19 P.S. 5 17).

42 Pa.C.S. § 8931: Derived from Constitution, Art. T, 5 10 and act of October 1974 (P. L. 713, No. 238), § 1 [(first sentence)] (17 P.S. 55 271). [(first sentence).]

42 Pa.C.S. 5 9101: Reenactment of act of September 8, 1959 (P.L. 829) (No. 324), § 1 (19 P.S. 5 1431).

42 Pa.C.S. 9102: Substantially a reenactment of act of September . 8, 1959 (P.L. 829) (No. 324), 5 2 (19 P.S. 5 1432).

42 Pa.C.S. 5 9103: Reenactment of act of September 1959 (P.L. 829) (No. 324), 5 3 (19 P.S. § 1433).

42 Pa.C.S. 5 9104: Reenactment of act of September 1959 (P.L. 829) (No. 324), 5 4 (19 P.S. 5 1434).

42 Pa.C.S. 5 9105: Reenactment of act of September 1959 (P.L. 829) (No. 324), § 5 (19 P.S. § 1435).

42 Pa.C.S. 5 9106: Reenactment of act of September 1859 (P.L. 829) (No. 324). 5 6 (19 P.S. 5 1436).

42 Pa.C.S. 5 9107: Substantially a reenactment of act September 8. 1959 (P.L. 829) (No. 324), 5 7 (19 P.S. 1437).

42 Pa.C.S. $ 9108: Derived from act of September 8, 1959 (P.L. 829) (No. 324), 5 8 (19 P.S. 5 1438).

42 Pa.C.S. 5 9121: Substant~ally a reenactment of act of July 8, 1941 (P.L. 288), 5 32 (19 P.S. 4 191.31).

42 Pa.C.S. 4 9122: Substantially a reenactment of act of July 8, 1941 (P.L. 228), 5 1 (19 P.S. 5 191.1).

42 Pa.C.S. § 9123: Reenactment of act of July 8, 1941 (P.L. 288), § 2 (19 P.S. 5 191.2).

42 Pa.C.S. 5 9124: Reenactment of act of July 8, 1941 (P.L. 288), 5 3 (19 P.S. 5 191.3).


42 Pa.C.S. 5 9126: Reenactment of act of July 8, 1941 (P.L. 288), 5 5 (19 P.S. § 191.5).

42 Pa.C.S. 9 9127: Reenactment of act of July 8, 1941 (P.L. 2$8), 5 6 (19 P.S. 5 191.6).

42 Pa.C.S. $ 9128: Reenactment of act of July 8, 1941 (P.L. 288). 5 7 (19 P.S. 5 191.7).

42 Pa.C.S. 5 9129: Reenactment of act of July 8, 1941 (P.L. 288), 8 (19 P.S. 5 191.8).

42 P3.C.S. 5 9130: Reenactment of act of July 8, 1941 P.L. 288). 5 9 (19 P.S. 5 191.9).

42 Pa.C.S. 5 9131: Reenactment of act of July 8, 1941 (P.L. 288), 10 (19 P.S. 5 191.10).

42 Pa.C.S. 5 9132: Reenactment of act of July 8, 1941 (P.L. 288), 11 (19 P.S. § 191.11).


42 Pa.C.5. $ 9134: Reenactment of act of July 8, 1911 (P.L. 238), 5 13 (19 P.S. 5 191.13).

42 Pa.C.S. g 9135: Reenactment of act of July 8, 1941 (P.L. 288), 5 14 (19 P.S. § 191.14). I 42 Pa.C.S. g 9136: Reenactment of act of July 8, 1941 I (P.L. 288). 6 15 (19 P.S. S 191.15). 1

42 P~.c.'s: 4 9137: Reenactment of act of July 8, 1941 (P.L. 288), 5 16 (19 P.S. 5 191.16).


42 Pa.C.S. 5 9139: Reenactment of act of July 8, 1941 1 (P.L. 288). 6 18 (19 P.S. S 191.18). 1 --,, - I

42 Pa.C.S. 5 91'40: Reenactment of act of July 8, 1941 (P.L. 288), § 19 (19 P.S. § 191.19). !

42 P2.C.S. 5 9141: Reenactment of act of July 8, 1941 j (P.L. 288), 9 20 (18 P.S. 5 191.20).


42 Pa.C.S. 5 9143: Reenactment of act of July 8, 1911 (P.L. 288). 5 22 (19 P.S. $ 191.22).


42 Pa.C.S. 4 9145: Reenactment of act of July 8, 1941 (P.L. 288), 5 25 (19 P.S. § 191.25).

42 Pa.C.S. 5 9146: Reenactment of act of July 8, 1941 (P.L. 288). § 26 (19 P.S. 5 191.26).

42 Pa.C.S. 4 9147: Reenactment of act of July 8, 1941 (P.L. 2881, 5 27 (19 P.S. 5 191.27).

42 Pa.C.5. 5 9148: Substantially a reenactment of act of July 8, 1941 (P.L. 288), 5 28 (19 P.S. 5 191.28).

Section 3: New. Section 4: New. Section 5: New. Section 6: Reenactment of 42 Pa.C.5. B 8311. Section 7: Derived from Constitution. Art. V. Schedolc

" .. 9 11. Section 8: Substantially a reenaclmeilt of act of July 31

1970 (No. 223). 5 507 (17 P.S. 5 211.507). Section 9: Derived from Constitution, Art. V, Schedulc

5 16 (h) and ( r ) , and act of October 17, 1969 (P.L. 259), §{ 6 and 18 (17 P.S. $5 711.18).

Section 10: Derived from act of October 17, 1969 (P.L 259), § 18 (17 P.S. § 711.18).

Section 11: New. Section 12: New. [section 13: New.1 Section 14: New. - Section 15: Derived from act of February 24. 1970 (No

22), 5 3 (42 P.S. 5 1213). Section 16: Derived from act of June 22. 1966 (P.L. 84)

g g 801 and 802 (26 P.S. $4 1-801 and 1-802). Section 17: Derived from act of October 17, 1969 (P.L

259), $5 26 and 27 (17 P.S. 5 711.26 and 711.27). Section 18: Derived from act of October 17, 1969 (P.1.

263), 5 10 (17 P.S. 5 712.10). Section 19: Derlved from act of February 24, 1970 (Nc

22), 5 2 (42 P.S. § 1212). Section 20: Derived from act of February 24, 1970 (Nc

22). S 5 (42 P.S. 6 1215). --,, " ~ . Section 21: ~u6stantfally a reenactment of act of Janu

ary 6, 1970 (P.L. 434), 5 3 (h) (17 P.S. § 211.3 (h)) . Section 22: Derived from Constitution, Art. V, Schedul

5 16 (2).

Section 23: Derived from Constitution. Art. V, Schedul 8 8.

~

Section-25: New. See act of December 6, 1972 (No. 334 5 2.

Section 26: New. The provisions of Constitution, Art. T Schedule suspended by subsection (a) are supplied by th corresponding provisions of Title 42 (relating to judiciar and judicial procedure) specified in the following tabli

Provision of Schedule to Article V

1 2 (first sentence) A

Superseding Provision of 42 Pa.C.S.

721 et seq. 741 e t seq. 931 et seq. 1501 et seq.; 3111 et seq.; 3154 (a) 951 Gii et seq. 351 et seq. 051 e t seq. 1121 et seq.; 1321 e t seq. 325

(€3 953 1723. See also Pa. R.J.A.702 and 70

1976. LEGlSLATlVE JOURNAL-HIOIJSE 5863 -.

(h) Bill § 9 (i) 325 (j) 1723

1123 and Bill §§ 9 (c) and 10 (r) (s) 1302 ( t ) ohsolete (u) ohsolete (w) Rill 5 8 (2) 3321

18 ii51 et seq. '1.0 !I51 et seq. 21 1,,41 et seq, ; 1331 et seq,; 311 et seq,;

3131 (d), 3132 (h), 3152 (a) (2) 27 901 et seq.

Section 27: New. Section 28: New. SECTION 29: NEW.

On the question, Will the Hausu adopt the Report of the Committee of

conference?


Mr. IRVIS. Mr. Speaker, I ask that the House do adopt the Report of the Committee of Conference on Senate bill No. 935.

The SPEAKER. The Chair recognizes the gentleman from Lehigh, Mr. Eckensherger.

Mr. ECKENSBERGER. Mr. Speaker, I reluctantly rise today to ask the members to vote against this confer- lnce report. I say it reluctantly because I know that a :ood many years of work have been put into adopting I. so-called judicial code whereby all of the laws that .he judiciary should have at its fingertips be codified n one place. However, I do not believe that the fact .hat that many years of work have been put into a bill ustifies the potential of having a further erosion of egislative power.

I believe that one of the things that the Honse did pith Senate bill No. 935, when we had it before US aP- iroximately a week ago, was to amend it to define "rule ,f law" in such a way as to exclude a rule of court as Ifcoming a part Of the law Of the The onference committee took out that particular version. We also amended the bill to conform the district mag-

strate laws with House bill No. 1375, which the House verwhelmingly adapted. The conference committee took ut that amendment.

I believe that you may hear a n argument today in avor of the conference report stating that the Powers rhich we apparently are giving the court by Senate i l l No. 935 they are already exercising, that they have xken this power and they are performing certain acts nd making certain rules which now form the law nc Commonwealth. Mr. Speaker, I think every member of this House now

nows of the problems that we believe exist in this doc- .inc of separation of powers and that there has been an rosion of the powers of this legislative body in and lrough the interpretation of Article V of the constitu- on. I believe if we adopt Senate bill No. 935, we will in

suggest on that basis that we vote against the conference report. I believe it is a salvageable bill, but we should have a little more input in the conference committee deliherations if and when that should happen if we defeat this conference report.


The SPEAKER. The Chair recognizes the gentleman from Chester, Mr. Morris.

Mr. MORRIS. Mr. Speaker, this House today, this afternoon, has taken a long, long step forward in restoring to this General Assembly our rights as a coequal branch of government.

I wish to support Mr. Eckensberger's point of view in regard to some of the provisions in this bill which give the status of law, as if it was legislation passed by this House, to the rules promulgated by the Supreme Court

Pennsylvania, None of us, particularly as lawyers, questions that the

Supreme Court should have the right to make rules. But that right must he more carefully circumscribed than is found in this conference report.

Historically, Mr. Speaker, the courts in this Common- wealth-and prior to this Commonwealth-were not all so popular as some of them are today. After the Revolu- tion, the fathers of this Commonwealth, in their wisdom, took away numerous powers from the courts, and it was many years before these powers were restored, before the people of this Commmonwealth felt that they could have confidence and trust in the courts.

This conference report, this bill as i t now stands- particularly in that i t gives the sanctity of law, as if . ~t was a statute passed, to the rules of the court--could very well be used, as Mr. Eckensberger has said, to vary and change the intent of this legislature in establishing the jurisdiction of courts and many, many other things. I urge a "no" vote on this adoption motion.

The SPEAKER. The Chair =ecognizes the gentleman from ~ i ~ ~ ~ , 1 ~ ~ . spencer,

Mr. SPENCER. Mr. Speaker, I urge a "yes" vote on this conference report for two reasons. Basically, 9 years ago this measure started out as a codification of laws relative to the judiciary, and in the legislative mill some substantive amendments were put Eckensberger and others felt very sincere about it. I do not question them a t all. But this is such a technical bill that the conference committee felt that they should not have

amendments to it. Therefore, these substantive amendments were taken out in the hopes that

can get this 9 years of toil and work over with and get the codification, a true codification. Then later on if amendments are in order, such as random jury selection, such as Mr. Eckensherger's bill and Mr. Reed's, these can be put in

1, answer to M ~ . ~ ~ ~ ~ i ~ ' argument, this I do not believe can be settled by any legislation, ~t is going to have to go to the Supreme Court, because there is a conflict now whereby the constitution allows the Supreme Court to issue all procedural rules of law and 1 the legislature occasionally gets into the procedural field.

lrge measure be ratifying many of the court rules which / It is a very delicate question of what is procedure and ave been adopted and which have, in effect, repealed iws which we have enacted. I hope that all of us take the position that we do not

.ant to have a further erosion of legislative power. I


legislature has less and less to say about these matters. The SPEAKER. The Chair recognizes the gentlema Not to belabor the point, I think that we should vote from Armstrong, Mecue.

"no" on the Conference Report on Senate hill No. 935. Mr. McCUE. Mr. Speaker, will the gentleman. M I

hard years of toil by many, many past and present members of the legislature and the judiciary.

Thank you.

The SPEAKER. The Chair recognizes the from Dauphin, Mr. Reed.

Mr. REED. Mr. Speaker, Mr. Eckensberger touched on the fact that the conference committee, during its very brief meeting held this past Monday morning, removed, among other things. from Senate hill No. 935 the definition of what it meant by "otherwise provided by law." This House overwhelmingly in the previous week had decided that the term "law" shall not include rules promulgated by the Supreme Court.

When I offered that particular amendment, I pointed out a whole series of decisions made by the Supreme Court involving, amont: many items, the sentencing code, certain provisions thereof, the reference to constables which has been a matter of controversy on the House floor, the provisions for bail as we11 as for the ARD program, which is the Accelerated Rehabilitation Disposi- tion originally used in Philadelphia and then promulgated under a Supreme Court rule to include the entire state. And that, of course, is a matter of whether or not there should be prosecution as opposed to just the disposition of a charge.

There were some pretty serious questions raised in the halance of power between the legislature and the court. This House has several times in this past month spoken out, through its voting, to hopefully reform and rectify the problems where we feel the court has begun to in- vade the legislative prerogative. To vote for Senate bill No. 935 would be to accelerate that process wherein the

belief that i t will take probably 2 years to cull through all of the statutes now outstanding and repeal those that are inconsistent with this bill, and it will also give us plenty of time to locate any defects in this bill. This bill does not become effective for 2 years at least, so that even upon its passage, the only portions of it that will become effective relate to certain reporting requirements to this ~~~~~~l Assembly as to the adoption of certain kinds of rules and the forcing the court to adopt a program of budgeting to sit as other agencies and departments of state government do, Beyond that this bill does not take effect,

I would urge that at the close of years of very hard work and of very hard negotiating among all three branches of government, we do adopt this conference committee report,

The SPEAKER. The Chair recognizes the gentleman from Chester, Mr. Morris.

Mr. MORRIS. Mr. Speaker, as so often happcns here on the floor of the House, members address themselves not to the arzuments made by other members but tc some other issue entirely. My argument does not rur to the necessity of a constitutional amendment. I alr not trying to deprive the Supreme Court of the powel to make rules. And, indeed, what Mr. Berson said aboul Mr. Reed's amendment previously to a joint resolutior is Correct.

All I want to have happen is that this conference report, this hill, does not of itself give to the courts thc power to make laws, which is the power of this Genera Assembly and not of the courts. We are supposed t~ do the legislating and not the courts.

The SPEAKER. The Chair recognizes the gentleman from Philadelphia, Mr. Berson.

Mr. BERSON. Mr. Speaker, I can only reiterate on the point of the definition of "law" what Mr. Spencer has already said: We cannot deal with that issue in a

in House bill No. 2257 and dealt with it properly and in the only manner which is going to make any differ- Agreeable to the provisions of the constitution, t l

ence at all. It cannot be dealt with in a bill. We could yeas and nays were taken and were as follows:

Berson, stand for inte;rogatiOn? -

The SPEAKER. Will the gentleman. Mr. Berson, con sent to interrogation?

Mr. BERSON. Yes, sir. The SPEAKER. The gentleman may proceed.

piece of legislation. Mr. Reed has attempted to deal with that issue already. He has amended a bill, House bill No. 2257, which was a constitutional amendment to increase the size of the Superior Court, by requiring that the Supreme Court submit all of its rules to this General Assembly prior to their approval.

That is the way and the only way, in my judgment, that that matter can be properly dealt with. I t must be dealt with by a constitutional amendment, because the constitution of this Commonwealth grants to the Supreme Court the power to promulgate rules within its sphere- okay?-and those rules do have the force of law. There is no question. Mr. Reed has dealt with that problem

not by statute expand their rule-making capacity nor can we contract it. It must be done by constitutional

~ r , M~CUE. ~ r . Speaker, as I recall, an amendmen in this H~~~~ was inserted into the bill to extend th

of the -sunshineu law to the deliberation of the court, not in litigation or judicial matters. ca you inform the H~~~~ as to whether those provisior were kept in by the conference committee or whethe they were removed?

Mr. BERSON. They were removed, sir. Mr. I\lcCUE. I thank the gentleman.

On the question recurring, Will the House adopt the Report of the Committee I

Conference?

amendment. The second point I would make is that I would ask

you to look at the last page of the bill which says that this piece of legislation does not go into effect until a repealer bill is passed, and if such a repealer is not

anderson. J. E Gnrzca alebus Bdoom Hsrber G r r s r y Milanovieh Sehesffer B r l l o n u a G e l ~ l r r ~ o e l ~ l m a n n schml t t

E:Ezn Gleeson Mrkonlc Sehweder Greenfield Mullen. M. P. S M e e

nrriin Gnng Mullrn Seltzer Be'"o" Hammock Musto Shane Blffle HaskeU Myers Shel tan passed by December 31, 1978, this bill is dead. It is our ~,,.tt, Hayes. D. S O'Bnen Shupnlk

Brandt B m n e r Butere caputo Clnndulll Cohen nsvles DeMedlo DiDonatO D0rr Dr?ibelbls Dumas Englehart Faweetl Flsher Flaherty Foster. A. Foster, W. Freind Gallagher

iioraham Arthurs Bradley sums cessar Cimtlll CoweU Crawlord Cumberland Devrrter DeWeeEe U i ~ a r l o Dl-tz Dinimi U:mbrou.sld Doyle ":~.l<mplbe.ger Fee Fisoher

LEGISLATIVE JOURNAL--HOUSE 5865

Fryer

NOT VOTING-13 Cole L;,ughlln Salvatore Waleh. T, P Gleanon McGraw Ustynoskl Wojdak riamllton. J. H. lmodes Wagner Yahner Knepper

~ e p f o r d ~ ' C o n n e l l S l f lami Hlll O'Donnell Smfth, L. Hutchinson. W. Oliver Spencer k v i s Pancoast Stapleton Johnson. J. Parker. H. S . Thomas Kelly. A. P. Perry Toll ICelly, .I. B. ~ i e v s ' x y Turner Kistler Polltr Wansaer Kolter Pratt Wargo Kowalyshyn Prendergust Weldner Kusse Pyles Weeierberll LaMarca Rappaport wlgglns Laudadio Ravenstah1 Williams Lehr Renninger Wilt. W. w. Lague Richardson Worrllov? L m e h Rieger Yohn Mandenno Ross Zearfoss hlcclatehy Rugaero Mcrntyre Ryan Fineman. MeLane ~ p e a k e ,

NAYS-77 Callen Levi R e n w l d George Lincoln Rltter Glammarco ~ a n r n i l ~ c r shelhsrnrr Gillesple MeCall Shuman Gillette McCue Smith. E. Goodmen McGinnis Stahl Green Menhorn Stout Gneeo Miller. M. E. Taddonio Halverson Mlller. M. E.. JT ~ e v l n r ~ a s n y ~ i l l i r o i TGIIO Hayes, 5. E. Miseevleh Valicentl :Iopklm Morrlr V r w n Hutchtnson. A. Novak Whelan Itkln Nose Wilson ~ s t z ~ ' ~ e e t e wilt . R. w. 1~rmir.k Peml Wright lillneanlan Petrarca Zeller I.ederer Pitts Zord Letternan Reed Zwlkl

The majority required by the constitution having voted in the affirmative, the question was determined in the affirmative and the Report of the Committee of Con- frrence was adopted.


The SPEAKER. The gentleman will state it. Mr. SALVATORE. Mr. Speaker, on the Conference Re-

port on Senate bill No. 935, my switch was in a locked position. I would like to be recorded in the afffirmative.

The SPEAKER. The gentleman's remarks will be noted lor the record.


from Chester, Mr. Morris. For what purpose does the gentleman rise?

Mr. MORRIS. I rise to a question of personal privilege.

The SPEAKER. The gentleman will state it. Mr. MORRIS. Mr. Speaker, I was called to the tele-

phone sometime back. Could the Speaker tell me what disposition was made of the concurrence in House bill No. 65 and House bill No. 605, if any?

The SPEAKER. What page? Mr. MORRIS. Page 13. Mr. IRVIS. Mr. Speaker, I believe I can answer the

gentleman. The SPEAKER. There was no action on House bill

No. 605. On House bill No. 65 the House voted to concur. Mr. MORRIS. Could I he recorded as voting "yes"

on House bill No. 65? The SPEAKER. The gentleman's remarks will be noted

for the record.

QUESTIONS OF PERSONAL PRIVILEGE The SPEAKER. The Chair recognizes the gentleman

from Philadelphia, Mr. Katz. For what purpose does the gentleman rise?

SENATE MESSAGE HOUSE BILL CONCURRED IN BY SENATE


HOUSE BILL No. 2456

An Act amending the act of July 20, 1968 (P. L. 550, No. 217), entitled "Capital Facilities Debt Enabling Act." further defining "Transportation Assistance Projects."

with information that the Senate has passed the same without amendment.

SENATE MESSAGE AMENDED HOUSE BILL RETURNED FOR

CONCURRENCE

The Chair recognizes the gentleman from Beaver, Mr. HOUSE No, 2457 r .a ,>ohl in

Mr. KATZ. I rise to a question of personal privilege. The SPEAKER. The gentleman will state it. Mr. KATZ. Mr. Speaker, on the Conference Report on

Senate bill No. 935, I inadvertently voted in the nega- live. I would like to be recorded in the affirmative.

~h~ SPEAKER, ~h~ gentleman,s will be noted tor the record.


No. 620

An Act amending the act of June $3, 1967 (P. L. 31, No. 21). entitled "Public Welfare Code, gradually increasing the maximum annual State grants to county institution districts or their successor for cost of child welfarp programs.

Mr. SALVATORE. I rise to a question of personal HOUSE BILL No. 2458 xivilege. An Act making an appropriation to the Department of

- - - -. .-. . . . LAUGHLIN' Mr. Speaker' my switch was

rble on the Conference Report on Senate bill No. 935. [ would like to be recorded in the affirmative.

The SPEAKER. The gentleman's remarks will be noted ior the record.

The Chair recognizes the gentleman from philadelphia, Mr. Salvatore. For what purpose does the gentleman :ise?

A Supplement to the act of October 18, 1975 (No. 112). entitled "An act providing for the capital budget for the fiscal year 1975-1916, itemizing a transportation assistance project and a highway project to be acquired or constructed by the Pennsylvania ,Department of Trans- portatlon together w ~ t h thelr estimated flnanclal costs; authorizing the incurring of debt without the approval of the electors for the purpose of financing the projects, stating the estimated useful life of the projects and making an appropriation.

5866 LEGISLATIVE J O U R N A L H O U S E dune 29,

The SPEAKER. The Chair reconsiders its decision that Hammock w sgner Wrlght Senate bill No. 1505, printer's No. 1877, was passed over Kneppel' Welrh, T. P. Ynhner

MCG~BW Wojdak Zrarioss for the day. Oleason ustylm~ki

Commerce for the Pennsylvania Industrial DeveIopment Authority.


The SPEAKER. The bills will appear on the calendar.

SENATE BILLS SIGNED BY SPEAKER Dills numbered and entitled as follows having been

prepiired for preseritaiion to the Governor and the same hcing correct. the titles were read:

SENATE BILL NO. 516

An i ~ c t amending the act of April 12 1951 (P. L. 90: No. 21), entitled "Liquor Code," a u t h o h i n g special occasion permits for certain sportsmen's clubs.

SENATE RILL No. 1500

A Supplement to the act of (No. ), entitled act providing for the capital for the fiscal

year 1976.1917," itemizing transportation assistance proj. ects to he acquired or constructed by The Pennsylvania Transportation Assistance Authority together wiih their estimated financial cost; authorizing the incurring of deht without the approval of the electors for the purpose of financing the projects, stating the estimated lisef~il life of the projects and making an appropriation.

SEWA'PE BILL NO. 1584

An Act making appropria:.ions to the Thomas Jefferson University of Philadelphia, Pennsylvania.


An Act making appropriations to the Trustees of the IIahnemann Medical ~~~~~~e and Hospital of Philadel- phia, Pennsylvania.

SXNATE BILL No. 1586

An Act malring an appropriation to The Medical Col- lege of Pcnnsylvanra, East Falls, Philadelphia, Pennsyl- vanla.

SF.NATE BILL No. 1587

An Act making a n appropriation to the Philadelphia Co!I~pe of Osteopathic Medicine, Philadelphia, Pennsyl- vania.


An Act making appropriations t o the Trustees of Drexel University oi the Commonwealth of Pennsylvania a t Philadelphia, Pennsylvania.


An Art making an appropriation to the Pennsylvania Collsge of Pediatric Medicine, Philadelphia, Pennsyl- vanla..


An Act making an app~opriaiion to the Pennsylvania College of Optometry, Philadelphia, Pennsylvania.

Whereupon, The SPEAKER, in the presence of the House, signed

the same.

DECISION RECONSIDERED

APPROPRIATION BILL ON THIRD CONSIDERATION

to order, Tllr Hause resumed of Senate bill No,

;505, printer's No. lR77, entitled:

A Supplement to the act of (No. ), entitled "An act providing for the capital budget for the fiscal year 1976-1977," itemizing public improvement projects of the Department of General Services, together with

estimated financial cost, the incurring of drht for the projects without approval of the elerlnrs to complete projects in the category of public improvements by acquisition of original furniture and equipment to he acquired by the Department of General Services, stating the estimated ureful life of such projects and making an iipproprialion.

On the question recurring, '?;ill the House agree to the bill on third consideration? Bill was agreed to.

The SPEAKER. This bill has heen considered on thrc? different days and agreed to and is now on final passag<,.

Thc qcestion i:~. Shall the hill pnss finally?

Agreeahlc to the provision of the C.~nstit~:tion. the yeas ,,d .a,s now he talien.

YEAS-178 Abraham Geesey MeCaIl Ross Azitlrrson. J. H. c:cIs1er MrClatrhy Ruggiero tL%iF i:cc?rgc M c ~ Z l e ~ y a n uenn~tt ( : i a ~ i ~ m a r ~ ~ McGinnts Salvatore

Glllesple McIntyrc Seheaffer Heren r:i!lttte MeLane Schnlitt Berlin 'ilceson Mebus Scnlvedrr Bittle <:oodman Mcnhnrn Scirien ~ o n e t t o Green Mllanoi~ich seltzer Rradle? r:reenBeld h i . ME. Shane Srandt Grieco Mlller. M. A . Jr. Shelhamcr Brunner Gring Milllron Shelton Burns :IaL~,erson Miscesieh Shupnik Sutera Hamilton, S. H. Moehlinarin Sirtnnnl

$:EJ H ~ S B F Morris Smith, A. Huskell Mullen

Civnciulll Srmth, L.

i isvrs. D. 8. Mullen, M. P. Spencer Cimtnl Hepfo~d Musto Stahl Cahen Hill Myers Steplet~n Cowsu H\>gMns Novak Stout Crawford Ilutehinson. A. Noye Tsddoniv Curnherland fiutchlnson. W. O'B~ien Taylor E$'&io 1wis o'connell moolnn

Itkln 0'I)onncll Toll Deverter Johnson. J. O'Kceie R e U o DeWeese Kelly, A. P. O!lver Turner 13icarI0 I<elly. J. B. Pvneoast Vnlleentl U~Donato liernick ~nri irr , A. S Vruon 3ininni Ktstler Perry Wanshcz JornbrowsId Klirga~nan i'etrarca Wargo DO= Kolter Pievsky Weldner Doyle KowalVshpn P l t t p Westerberg ID7elbelbia Kilsse Polite Whelarr Dumas LaMarf. Prott WIEgins drkensberga Laudadlo Prendercast William O:,,~I~!,- Laughlin r y k i Wilfion .~au.cett 1,edrr~r ~ayp.pi lrt wilt, R. ~ r . Fee Lehr Jla~?nstahl ~ l l t , W. w Fisher Letterman Heed Worrll~w qlahertg Lwi Renninge~ Yohn Foster. A. Llneoln Rrnwlelr Zord

Lome IUlodes Zwlkl 2: W' 1.ynch Richardson Gallagher Mnnder3no Rieger meman. Gorrin Mnnmtlier Rlttnr Sneakc

NAYS-11 Dletr Gallen Mrkonie Shumm~ Fischer Hayes, S.E. Perrl Teller Freind Katr Saloum

NOT VOTING-14

LEGISLATIVE J O U R N A L - H O U S E

PROFESSIONAL LICENSURE BILL ON THIRD CONSIDERATION 1

I The majority required hy the constitution having voted tants, such as qualifications of applicants and

Agreeable to order, The House proceeded to third consideration of House



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

An Act reenact i~g and amending "The C.P. A. Law," approved May 26, 1947 (P. L. 318, No. 140).

continuing education requirements. 3. Remove as a requirement for registration as a Public Accountant that opinion audits he submitted to the Board. 4. Extend the registration to one year from the date of the announcement in the PENN-

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

The SPEAKER. The Chair recognizes the gentleman from Merccr, Mr. Bennett.

Mr. BENNETT. Mr. Speaker. I rise to ask unanim?us consent to make a few brief remarks before I place before this Housc a motion oC recommittal.

The SPEAKER. Thc gentleman n a y proccrd. Mr. BZNNETT. Mr. Speaker, House bill No. 2381 is a

hill that I believe h2s been erosslv mianderstnod, not only by the members of this Huuze of Representatives but by the people who are affected by the legislation.

I am certain that the members of this House want to reflect the views of their constituents. i am certain that if the members back in their home districts are

SYLVANIA BULLETIN that application forms are available. 5. Exempt elected auditors from the Bill. 6. Expand the equality provision to include rules, regulations, or orders of a department, board. agency or commission. 7. Permit registration oI individuals who were engaged as Public Accountants as prin- cipals, and practiced public axounting as their principal occupation any lime during six (6) years prior to the effective date of the act.

The followinq motion was adopted:

Thc Pennsylvania Society of Public Ac- countants supports House Bill 2381, as so amended.

I Very truly yours,

PENNSYLVANIA SOCIETY OF ACCOUNTANTS Leon Robin President

I On the question,

givcn an opportunity to explain the bill to their con- stitnents and if their constituents have an opportunity to better understand the bill, it will meet with favorable results.

LETTER SUBMITTED FOR THE RECORD Will the ITo~lse aqrce to the motion7 Motion was aereed to.

Mr. BENNZTT. Mr. Speaker, I want to enter lnto the

!TOUSE BILL No. 2381 RECOMMITTED

Mr. BENNETT. Mr. Speaker, I move that Aousc bill No. 2381 he recommitted to the Committee on Rules.

record a letter that was gitcn to me by Mr. Leon Robin, president of the Public Accountants Society. STATE GOVERNMENT BILL

The SPEAKER. The gcntluman will send the letter ON THIRD CONSIDERATION to the desk. I Ameenble to order.

Mr. BENNETT presented the Following letter for tho Legislative Journal:

June 28, 1976

Honrrahle Reid L. Bennett, Member Housc of Representatives Room 313A Main Capitol Ilarrisburg, PA 17120

Dear Mr. Bennett:

The Ppnnsylvania Society of Public Accoun- tants has presented a series of proposals and has considered the foliowin: amendments to House Bill 2381 as agreed to by the Pennsylvania Insti- tute of Certified Public Accountants:

1. Add two public accountants to the Board of Examiners to be appointed under the same procedure which now exists for CPA's 2. Create a Public Accountants' Advisory Committee to makr recommendations to the Board on matters affect~ng public accoun-

u - - ~ ~~ ~

The Iloilse proceeded to third consideration of Senate bill No. 1183, printer's No. 1412, entitled: I - -

An Act repealing section 2 of the act of December 13, 1974 (P. L. 962, No. 316), entitled "An act ,authorizing the Department of Property and Supplies, w ~ t h the approval of the Governor, to convey land situate in the City of Carbondale, Lackawanna County, to the Carbon- dale Redevelopment Authority."

On the question, Will the IIo~:se aerer to the hill on third ccnslderation'

( Bill was agreed 'to

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

The question is, shall the hill pass finally?

Agreeable ta the provision of the Constitution, the yeas and nays will now he taken.

Anderson. I. 8. Gerda hld)ue Ssloom Arthun Ceraeg bXcG1nnk Salvatore Rarhnr G ~ i a l c r McInme Scheaffer - .-. .. ~ ~., . Bsllornfnl George ~ i l s n e ~chmftt

LEGlSLATlVE J O U R N A L H O U S E

Bennett Bcrrr, Berllr$ Bittle Ronetto IIr:,ti1ey Brand1 rrunner ! i i l rns tliltere ('nputo (:':588r

Cianciulll \~,rnl"l Cohen Cilivell Cra\"fvlard Cliniberlsnd navies il.~iilrdlo

ii.r,li~nrherger Xndehart Faween )'re Fi?cher Fisher F:ahertg T.'o$trr. A. srister. W. Frelnd Fryer Gallagher

Giammarco Mehus Gillesple Menhorn Gillattr Miller. M. E. Gleeson Miller, M. E., Jr. Goodman Milliron Green Miraevleh Greenfield Moehlmann .~. . - - . . .. . . . . . . Grlng Mrkonle Halverson Mullen. M. P. Hamilton, J. A. Mullen

Ilkin Pancoast Katz Parker. H. S Krlly, A. F. Prrri Kelly. J. B. P a r y Kernirk Pctrarca ~ ~

Kistler Pievsky K!lngaman Pi tts Kcliter Polite Kowolyshjn Pratt Kusse Prendereant Lnhlarca Pvie~ Laudadio nallp:3port Lauehlln Itavcnstnhl I.cdrrer Reed I.chr Aennineer

Schweder Sdtica Seltzer Shane Shelhamer Shelton Shman Shugnik Sitianni Smith. E. Smith. L. Spencer Stahl Stiluletor stout Taddc,nlo Taylor Thomas Toll Trelln Turner Valicentl Vroon Wansaez Wargo Weidner Westerbcrt; Whelxn Wigsins Williams Wllson Wilt, A. w. Wilt. w. W. Wrlght worrllor" Yohn Zearfa!.~ Zord Zwlkl

Plneman. s p t ;

I / The SPEAKER. The Chair recognizes the gentleman / from Blair, Mr. Milliron. / .Mr. MILLIRON. Mr. Speaker, recently Penelec-the I'ennsylvania Electric Company-was granted a rate increase by the Public Utility Commission and because, of course, I do not have the expertise of the lawyers or the accountants of either the PUC or the utility, Penelec, I am not in a position to question the increase. What I dn object to, Mr. Speaker, and what my amendment would not rectify for now but hopefully would stop in the iutiire is for these rate increases, once they are made. to be allowed to be granted retroactively.

The Penelec Company in my district--and the area covered by Penelec goes as far north as Erie and down to the Maryland border-was granted approximately a 5!/,-l~i!rcent inrrcase for residential use. This increase was granted retroactive approximately 14 months and is i~speclcd to be paid in one lump s u n . in other morcls, if an avcage family has a $50-a-month electric bill, when they arc given their bill in September, their bill is going to hi, approxin~ately 89.40.

For people on a fixed income, any increase is difficult. Rut to be granted a li~mp-sum retroactive rate increasc :s just intolerable for these people.

Similarly, our school district was given almost a 6- percent incrrzse in utility rates. Their September hill will be approximately $23,000 additional bccause of thc retroactive clause. This money was not budgeted, and

'""hey do not have it. It is the same thing with our large hospital users and

our nursing homes. I t is an incrcase that I feel has to be nccatiated between the utilitv and the PUC. hut the

neraon FTogklns McGraw Walsh, T P Cole Johnson. J. Ustvnoskl Wojdak r.leason Knepper Wdener Yahner Hammock Mandellno

The ii?ai?rity required by the constitution havin: voted in t h r nfi i~matice, the question mas determined in t h ~ ;tCf;rmative.

Orrlemd, That the clerk return the same to ihe Stinatc with information that the IIouse has pasced the same without amendment.

CONSUMER PROTECTION BILL ON THIRD CONSIDERATION

concept of allowing it to be collected retroactively is entirely too difficult on residential users, those people on fixed incomes, and the larger users such as miiniri- palities.

My arl~endment states simply, ". . . no such rate in- ciease shall he made retroactive." I sincerely solicit the help of the members. I think i t is a good amendment, and I think that any increases to be given should be made lroin that one point on so they would be reflected in a monthly bill and not in a manner of being retroactivr brcause of the large amount.


Thc SI'EAKER. Th? Chair re-ognires tllc grir!!t-mnii

Irtlm Lebanon, Mr. Seltzer. Agreeable to order, Thc House proceeded to third consideratinn of Senate

IlilI No. 1216, printer's No. 2098, entitled:

An Act amending the act of ~ a y 28, 1931 (p. 1,. 1053, No. 286), entitled "Public Utility Law," further defining

Mr. SELTZER. Mr. Speaker, I, too, have an amendment that does the very same thing that Mr. Milliron's amendment did which I circulated yesterday. But as I compare his amendment to my amendment, I find that his ?.mendment does not go far enough in that there is a

terms; p;-oviding for rate increases and adjustments; further reg~ilsting billing procedures; providing for suspend- cd railroad crossing; providing for appeals, further pm- viding for budget limitations; and increasing certain penalties


stlcund in the bill that .kliluld be amcnderl to do thr same thng,

SO, Mr. Speaker, I think what I would ask that we do is to adopt Mr. Milliron's amendment. Then if v o ~ ~ will

On the question, Will the Hoilse agree to the bill on third consideration? Mr. MILLIRON requested and obtained unanimous con-

sml, to offer the following amendment, which was


let me offer mine, I will divide mine, the first' part oi which is the same as his, and only ask us to vote on the second part which would include that part which his anienciment ignored, and the House would accomplish rvliat he and I are attempting to dn and we coiild do it

Amend SEC. 4 (See. 308), page 10, !ine 2, by removing, in harmony. So, iMr. Speaker, I support Mr. Milliron's the period after "utility" and inserting: , however, no amendment, such rate increase shall be made retroactive. 1 .


Mr. IRVIS. Mr. Speaker, I concur in the amendment drafted by Mr. Milliron. For the record, we were prepared to crlncur in a similar amendment to be offered by Mr. Seltzer, and in a private conversation uv noted that Mr. S c l t ~ e r had additional laneuaee which he will offer.

- Frcm Chester, Mr. Vroon. NAYS-3

Mr. VROON. Mr. Speaker, I ri?e to oppose this amen<!- incnt nol, becaus~ I am for retroactive inrrcases, which i 'rrello vroon

Dumas Ko~valvshyn Pi t ts i:Ck<.ilsherg~r Kuise En,ylehsrt

Polite LaMarcs Pra t t

i.'-%vren Laudadlo P r r n d e r g ~ s t Lnughlin Pyles l.rtierer Happaport

riaher I k h ~ R S V P ~ ~ + ~ ~ ~ - - But I suggest that we adopt Mr. IIXilliron's amendment and then consider Mr. Seltzer's additional language.

Ti-,? SPEAKER. The Chair rr:oenizes the nentleninn

:!m not. i ilppase this amendment because of the fa-t tl;:~! we did quitc a iob on Senate bill No. 1216, and the ri:cc.hanisms which wr placed into this hill are sufficient to pr,;tect the constlmer arainst retroactive increases.

It is entirely true that if the PUC does its job within the iimc limit;~t;on specified in this bill as it has been ?mend- i ~ d in the House. thcre will be no need at anv time a t

. . . . -. . . :!:!:FA, 1.rtterman Kred 1,evi Rennureer

W. ~ i n e o ~ n en wick Freind Logue R11odes W'rr l . ~ n r h Richardson

:ill Tor any retroactive increases. However, to put 1a:l- f:iiagc in the bill which makes it ahsolotely impossible to ;a:.hirw this would be to make it impossible to recover ;,nvtliii?o w!,ich arises out of a fumble on the part of the PUC If the PUC by chance does not act within thc limp ~sclefa!r.d lo it to act, which they do have plrnty of ~ : ! i c !7 i . thi.; bill, if f o r a n y reason a t all they fiimhle the hail, why shr~nld we penalize a utility company for this reason?

I woilld sav this is rniirelv unnecessarv. Wc have suf-

NOT VOTING-15

Rercon II~rnlnock l i s t \ n e ~ k i Cole Kn~pper v. i i i iant ! :.i!eaSOD MUIPC;la(L. 1v.,mcr ,, . , .iceqfIrld imi lh , L. lr!a!.;h 1'. 1,.

So the question was determint,d in the Lhc. amendments were agreed to.

Wilt, R. W. Wilt. w. W Wright Yohn Zealtass

nFIirrnative and

On the qllestion, Will the Houce agrce to the bill as amended on third

Mr. SF.LTZER rec~uestcd and obtained unanimous con- / sen t to ni'er the fol!owing amendments, which were read:

Amend Sec. 4 (Sec. 308), page 10, line 2, by removing the period after "utility" and inserting: but in no case shall the rate he made retroa?tive.

Amend Sec. 4 (Sec. 30R), page 10, line 30, by re- ~10v1i1g thc perlod after "act" and inserting: nor shall

On thc qrlcstion recurring, 'i'lie ST'EkiC6R. The Chair recognizes t h r j:t,ntleman

VJiI! the I-Io~lsc nwer to thr amendment? from L~b-~nr?n , lKr. Seltzer. Mr. :IELTZER. MY.. Spenlrcr, T ask that thc amend-

fic:ent !i:>fegl~ard~ buili into" the bill, and I do not think thst we ~hn ,? ld ban retroactive increases on an emergency hasis when !hey ore absolutely needed b r the utility companies. Therefore, I would ask for a "no" vote on Il i i i - 3n:cndment.

- b-e 'lade retroactive.

On the q~xestion, VJill the Fio:zie agree to ike amcndmmts?

AMENDMENTS DiVIDZD

'nrr '"YIP 're: b e l b t

The ycas and nays were required hy Messrs. n~T!,l,- !E?X 2nd VilOON nnrl wcre as follows:

YEAS-185

3hrahem Gnllaghn Mande~inn Rieger Ineersun. J. 8. Galien M-.nmlllrr Ritter i r th l lm T.?:da McCa11 ROSS larbcr GBCSCY McC~atchy Ruggiero :leilomlni G1,1slrr MeCue Ryan 3ci;nctt Oror .g~ MrGinnis Salwm :,;: n, C:n!emareo i\!Ic.Intvre Salvatore i r r i i n c;illrro~e ~ c ~ n n e Srheaffer 3:ttle Cil i r t te hlr.hu5 Srhrnitt lonetto G lei.son ? q ~ n h n m P C ~ W P ~ P I i rn i l lpg Goorlman ~ > i a n ~ t . i . - h scirica :r:,n.it I:mm i l l 1 . E. seltzer 'rrlrlner frr,<.co i l l M. 8.. I tiha"" :urns C-in% liTillir~n Shel!~;arrr,? l t m ~ r a X.i!vemon vi rcn i i ch Shelton I lputo 'i:.rniltan. J. 8. :iioei;lmann shumon 1 ~ n s a 7 LIssls Morris Shupnik :ianclulll k7askr11 n i r r k ~ n ~ e Smith. E. :,n,in, 1l.iyes. D. 9. Muilm. M P . spencer lui lrg ! !~?es . S. E. M ~ ~ l i e ~ ~ Stahl :OWMI r ~ e : v r o ~ < ~ ?dusto st-pieton :7x .,,?~d :r i l l \7r,,rr Qt.,...

~ . . Itklo (>'Donne11 Johnson. J. O'Reere Katz Oliver Keils.. A. P. Pancoast !Ki~llg. J . R. Parker. H. S Kemick Perm

nrpn! be divided. I h , , SPEAJCEK. How d n ~ s tlic gentleman, Mr. Seltzer,

iir.si1.c io divide the amendment? Mr. SELTZEIZ. Mr. Speaker, 1 suggest that we only

adopt the vconi? part. which is amending scctiiln 4 , jl:*ge 10, line 30.

The SPEAKER. So that the am~ndn ien t will begin iviti t!:e language Yrncnd See. 4 . . ." and end with the language ". . . n1a.ie retro3ctive."

Mr. SELTZElt. No, Mr. Speakcr, i t woiild be the last linix. "nor shall t h ~ y be !made retroactivc."

'<tic SPEAKER. J i ~ s t tire last line? MI.. S1';Ll'ZEIt. Ycs. Mr. Speaker.

I ' J h t : SPEAKEIZ. T:le Cha'r r(.wgnizus Lllr ,;cnt.lcman iriim R!nir. Mr. Milliron.

Mr. MTLLIRON. Mr. Speakcr, this w;s ihc second half n: n tech:iical error I had in my ;liiicndrni,nt. We had i;ll-,iltc:l rr.e srcii,>n, and it is now inchidrd in Mr. Sclizcr's.

Westerberg Whelan Wiggins Williams Wilson

The SPE.4KER. Thc gentleman, Mr. Seltzer, is now offerin~: only the very last 11ne (if his anlcndln~nt as the a;r.?ndmi,nt. Is that ccrrect'?

Mr. SELTZER. Yes, Mr. Speaker.

On the question, Will the IIouse agree to Part I1 of the amendments?

The yeas and nays were required by Messrs SELTZER and MTLLIRON and were as follows:

On the question recurring, Will the House agree to the bill as amended cn tbird Andera0n.J.E


consideration? Sewn Blttle

Mr SFLTZER re"urstrc1 and obtained unan,mous con- mad t

YEAS-188

Abraham Gards McCall ROSS Anderson. J. E Geese7 ~ c c l a t c h y Ruggiero ArUlurs Geider MeCue Ryan Barber George McGinnis Saloom Bennett Giammarfo McIntyrr Salvatore Seren Gille~ple McLane Seheafler Berlin Gillette Mebus Schmitt Bersan Gleeson Mcnhorn Sdlweder BitUe Goodman Milanovich Scirica Bone% Green Miller, M. E. Seltzer Bradley Greenfield Miller, M. E., Jr. Shene Brandt Grieco Milliron Shelharner Brunner Gring ~ i s c e d c h S h ~ l t o n BUM Halverson Moehlrnann Shuman

Shupnik Butera Hnmllton. J. 8. Morns Caputo Hasay Mrkonic Sirianni Cessar Haskell Mullen. M. P. Smith. E. Cianeiulu Hayes. D. 9. Mullen Spencer Cimlnt Hayes. S. E. Musto Stahl CoweU Repford Myers Stapleton Crawfard Xill Novak Stout Cllmberland Hopkins No ye Taddanio D a v t e ~ Hutch1n~)n. A. O'Brien Taylor DeMeaio Ixutchinson. W. OlConnell Thomas Deverter Irvis O'Donnell Toll Deweese Itkin O'Keefe Trello Dicarlo .Tohnson. J. Olivcr Turner DiDonato Kstz Wmsacz Panconst Dletr Kelly, A. P. parker. H S. W a ~ g o Dlninni ICelly. J. B. perri Weidner D o m b r o d Kernick Perry Westerhere Dorr Kistler Petrarca Whelsn Doyle KHngaman Plevsky Wiggins Dreibelbb Kolter ~ i t t s William Dumas Koivnlysh~n Pollte Wllson Eekensherger Kllsse Pmtt Wllt. R. W. Englehart r.aMarca Prendergast Wilt. W. W. Fawcett T>audadlo PYIe Womilnw Fee 1,auqhIin Rappaport Wright Fischer 1,ederer nnvr:nstahl Yahn Rsher Lehr Reed Zearfoss

ZeUer Flaherty T.etteman Renninger Foster, A L e d Renwick Zord Foster. W. I.incoln ~ h o d c s ZltlkI Frelna Logue Richardson Fryer Lmch Rieger Finemon, Gallagher Manderlno Ritter speak*" Gellea Manmiller

NAYS-1 Vrwn

NOT VOTING-14

BellombI Hammoclr Vstynnski Walsh. T. P . Cohen Knepper Vallcentl Wojdak Cole McGraw Wagner Yahner Oleaaon Smith. I,

So the question mas determined in the affirmative cnd Part I1 of the amendments were agreed to.

sent to offrr the fo11owing amendment, which wns read: I

that says what shall happen if they do not do so, so, so and so, and my amendment says: "If such an order has not been made at the expiration of such thirty day period snch petition shall be deemed to have been granted."

Mr. Speaker, one of the causes that got us into this bad problem of retroactive rate increases is because of the inactivity of the commission in doin,g certain things.

Mr. Speaker, I feel this is very important and I would hope that the members would support this amendment.

The SPE,AKER. The Chair recognizes the lady from Allegheny, Mrs. Gillette.

Mrs. GILLETTE. Mr. Speaker, 1 rise in opposition ?o this amendment.

Tliis section deals with extraordinary rate relief. This is when a 11til;ty company is finalicially distressed. This is very casily proven, and the commission can act within 00 days.

I think the commissioners havc an obligation to either deny or grant a rate increase in this case, and I am sure they will act promptly. I would urge members to oppose this.

Thc SPEAKER. The Chair recognizes the gentleman frsm Lebanon, Mr. Seltzer.

Mr. SELTZER. Mr. Speaker, I thank the lady, because hcr rcmarks, I think, supported the purpose of this smrrdmcnt, because it is for those emergency conditions and for those exceptions. And it is only in those few carer, if ever--and I hope it never happens, that the commission will not do its duty-that this amendment -,vould take effect.

Really, T appreciate what the lady said, and I hope yon mill use it as a stronq argumcnt in support of this zmcndment.

The SPEAKER. The Chair recognizes the majority lratler.

niIr. IRVIS. Mr. Speaker, I ask a negative vote on the amendment.

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

he yeas and nays were required by Mr. SELTZER and Mrs. GI1,LETTE and were as follows:

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

Arnend Sec. 4 (Sec. 308), page 10, line 2 1 by insertin? after "requested.": If such an order has not been made at the expiration of such thirty day period such petition shall he deemed to have been granted

-= CLmiN

~ ~ ~ ~ , " ~ & , , , Davits D~ninni ""...

The SPEAICFR. Thr Chair recognizes the gentleman frcm Lebanon, Mr. Seltzer.

Mr. SELTZER. Mr. Speaker, this amendment speaks

Gring MrCinnls Hal~erson Mrhus Ixarnilton. J. A. Milicr. M. E. Hasay Xiller, AT. E., Jr. IIaskell nloehlmann

. ...~.. Foster, A. F0ster.W. Frelnd Grleeo

to that exiraordinary condition when n utility must cnmc b e f ~ r e the PUC and ask for immediate relief.

The bill as it is now before us says that "The commission shall within thirty days from the date . . ." do so,

Hepford Noge Hlll O'Connell Hopkins Pnncoast Hutebfnson. 8. Parker. H S V l t l Per,,

Abraham ~rthurs

~ ~ ; ~ ~ l n ,

- -.-. 1Celly. J B. Pitts Klingaman PoUte Kurse Pvles

so, so and so. However, Mr. Spealrer, there is nothing aemett

Lehr ninninger ~ e v i Ryan Lynch Salvatore Manmiller Seheaffel McClntchy Scirica McCue

Gallegher Logue ~ s l l e n ~ u n d e r l n o G Z ~ Z ~ ~ ~ T C C I I I Geese7 McIntyre Geisler MeLane

Seltzer Slrlanlll Smith. L. Spencer Stahl stout Tsddonlo Thoma. Turner Vrnon ~ e i d i e r wester her^ IVhelan Wllt. R. W. Wilt. W. W. worrilow Yohn Zesrfa?~

1976. LEGISLATIVE J O U R N A L - H O U S E 587 1

Berlln Uerson Bunetto Bradley

George Xenhorn Gtarninarc~ Milanovich Gi1:cspir Mlliiron (:Lliette Miscrvich Glcr.son Morris c:i,odman P4rkuo:e Cree" Mullen. M. P Grernfield Mulien F I l y e ~ , D. 5. Must" !inyes, S. E. IV!YCPS Ifutchlllson. A. U o i a k !:"is O'Rrien Itkin O'Il~it>iieii iuhndoir, J. O'iCrefe " 1 1 . i . Oll..er Ke:'nlck Perry :<irtler Petrl?:ce Ko!?er Piei-icky Xh.,l-?,r-.hyn pratt I.;>\larca Prender~nsf Tandadlo Ilapp;l,ort 1.nitzhUn !!airns?;?hl Ledcrer R+eU Lctternian Ht,nmrk Linruln Hhodes

Saumen Shupil"i Smith, P'. Sta~letnri T a ~ l n r Toll Trello Wsnsaei Warga Wipeins W!l:iam% Wllson Wright Zeller Zord ZWikl

S!: t'?r, c,.!etinn was tietcrmined in tile nrq?ti;c a: t!ic a'x-i,-lmcnt was not, agreed to.

nf $.hi. staff of the committee, are necessary, and I wlll try to go throng11 them as quickly as I can.

Ih-::e are umcndrnents that are on yo'lr dcsk marked 'Gi!!i.?ic" in error. They shoulil have been marked v~it1, my name.

r \ . irie first nrea thal, is amended is a technical amend- w e n t which is nec~r;sary, in the opinion of the staff, due to the addition of a further amendrn~nt that I will c::pi:~i.~,

?'<r iiiange in i,!iis particli!ar arnendment a provisicn ~,:l;!t;r,r to m:;tie;.~ t:, he considered at u hearing from .. n o .. to pe:rnissive, spccifiraliy as regards to a

o?\iii. ' . :,sv t,f auv~matiu a ~ i j i i s t ~ ~ ~ r r ~ ' ~ during a period p r i o r or subsequent to the 12-month period which is ' I i : ! ! under consideration.

~.~ h i anxndmcnt also provides expressly that multi-

,;::ire rate z!~plizations wlll bc prohibitrd in instances \ v l i ~ r c a gc:;eral rate increase of ?n!rrr tha :~ 5 percent of I c!l::i?7lers r ; ; over 3 percent of the gross anmizl jn;r:i?!al:. n;ieral.inq rcvcnrics of the utility is at issue.

T',Tc. frr1hi.i. in this nmendrnunt clsriIy the definition of .'~,i.ni~:..il rztc inc;?.~se" by sprcifying that the revenues

! I :ri, 'inly those rclatr:' to the 1:ind of servirr lc; vsh'ch :hr! rate incrrase is sought.

This ~ m e n d m e n t frirtber i~rovides that where rates and

:bases. - , .lil;i.lhsrn Gzizin 3ii)nmi'(r- Idugg!eTr>

Amend SEC. 22 (Sec. 1201). page 26, line 26. hy in- n . r i . s o n . J :: :: . e ~ r . y :kiec~ii RY- icrting brackets before and after "July]" and inscrti:rg; ;rih~ta <:r..~lrr ~ ~ : C l a t c h . y saloom mmediately theri*after: March i Jarher G ~ C ~ P P MCCUC s a i v a t o r ~

1 !~l,.'::,mtlnt (;tamrnarco XIrGinnir sciiealler On the question, i e-l!i:i:tt r.ill*!:$?ie '.:c!nlyre SrhrniTt

I r;<r<,, C;illette '<i?L",," : s c ; , . ~ r . v i ~ ~ Will the House agree to the amendments? i n r r l i ~ :lr~son ?ti.blis :;C,V~C:,>

I r ip, i;On Zaotlinan ? ~ , : ~ I I u T ~ Scltl-r Thc SPEAIiER. The Cha:r rrcogni::es the majority "'"lC Grrleil " T ~ ~ R D O I ich sir,,.,r

?enrt.to Or<-enflele M8ilcr. M e. 8ha:hhni~ . l whip ' rana at ~ i i c c o 1 . 1 ~hnrn:m

Mr. RI.1NDERINO. Mr. Spea!;cr, the amcndmmt that ' ijn!rm" ~ T I : , S -.ii~xirnn v.~.~,,.,k , ..irms I : . , ! ~ , ~ ~ ~ , , , , Sl,sc,.; irh ?~z~?vl.i prop'>sr do?s a nurnher rii things which, in th? opinion :;,,+,,,, ;lamilton, J. 8. i?ur!!lrnann 3n;t.h. E.

C i ~ r t'nr question recurring, %-ill ti:<? ~ ~ f i ~ ~ s ~ a c r ~ p to the bill as amen,!pd :,n third

confideration?

M ~ , ~ ~ ~ ~ 1 ; : ~ ~ ~ ~ r.q,,r,teci an;l ohtnincd ,.onsent to i,fffr ,lIc ,.,,? 3mCndments, which wpre rearl:

mend Sec. 3, page 5, line 2, by striliing out "a suhsection is" and inserting: subsections are

Amend Set. 3 (Sec, 307), page 6, line 28, by inserting ;liter " A N D : may include

Amend Sec. 4 (Sec. 3081, page 8, line 15. by removing the period after "herein" : Provided further, That no tari!: stating a arw rate, filed under this subsection,,

related matters for gas andelectric service purchased by a l ' i .ni~sylvsni~ p,!hlic utility from an affiliated interest .:; i1:i;ncd in nrtic1.e 7 oi the hill have heen approved by :he I'i,drral re,:nlatorv agency, thc cornmission will not ii:rilirr. s?i.~illnize ::uth rates and rclatcd matters under 8 , . ,n.~t nrtide 7.

'Kt h-rtl lr i n this ameniiment reirsiale provisioxs t!..:?t ilIi camn,i~!:irln estimot:. its expenses for the r ~ w iisrnl year beginning in July, no later than March

I or :!xi1 ycar. !\lr. S;:ca!:cr. we think lhat these ;Ire beneficial ;>mend-

,,,t., z rc nrressxry amendm:.nts, nnd I ask for their may hc filed conetirr~,i,tly with or at any timc during a'loi't'cll. the pendency of a gencral rate increase.

hlrnd see, 4 (set 308), page 8, line 2 1 , by il>srrtinl TI;; P A K L R . The Chair rrcogniirs the srntleman after "utility.": ?I' thc public ~ t i l i t y Crirnishes two - I Chfcter, Mr. Vroon. more tspcs of serricr listed in section Z(i7) cf this act hlr V ~ ~ O O N . $ 5 ~ . Speaker. these ieatures in this the forsgnili!: pcrr:cntages shall be dr:.ermined orlly 0; 1 ;iiiicntjp,cnt arid they have heen the bas~s oi llne customers receiving, and the revenue: der;\~?d from, the type of service to wilich tsrifT I .: ".d 10 on hoth sides of the aisle, for the most part. filing pertaim. I ! <rx not speak f ~ r all of my eoilea~ues, but I dn

Amrrid Sec. 18, page 24, line 11, by strilring out "A 1 ,.;c,,;;:;,.nt] a "yes" vote on these amendmmts because SECTION" and inserting: sections

Bill, page 25, by inserting ! ihi,,y arc- an irnproicmei:t over the status of the hill as

and 12: 1 ii i l -ps rtrported out on the figor of the Ioll:;e. I Secl.inn 706.1. Federal Regulatory Agencies-The pro.. ,

r-isious of article scven shall not be applic2ble to the (In :he i!ile!sticn rccllrring, mtes and related terms and conditions for the irterstate i \ ' : I ? ti:? iio~!!:c agree to the arnendm;,nts? %ransi:li::sion of cl~ctiicity., natural gas, !iqu.cCied na<aral :as, substiL1~t.c natural gas, liquefied propane gas or i The y l n s :ind lnys werc required by Messrs. MANDE- apth ha which have been submitted to and allprovcd by :XIYO :,,,ri HOOP,^ and vv.ere a s follows: 3 Federal regulatory agency having jurisdiction therpoi, :xcc.pt that nothing contained herein shall prohihit thc l -,,-

1 ..AS-- i 86 :ommission from reg-ulatioi~ of the vnlume o f r:ich nur- I

5872 LEGISLATIVE JOURNAL-HOUSE J u n e 29,

Caputo ~ I R S ~ V M O I T ~ S smith. 1- Cessar aske ell Mrkoni? Spencer CiancfulU Hayes. D. S. Mullen, M. P. Stahl Cimlnl Stapleton H i l y ~ s . S. E. Mullen C o h a Ilepford Mllsfo Stout Cowell Hill MYCIX ~ s d r l o n m Crawford Hopklm Novak Taylor Davle8 Hutchinson. A. Nove Thomas r1eMedio rIutch!nson, W. O'Rricn Toll ncverter lrvls WConnell ~rello DeWeese Itkin O'Keefe Tllrner niearlo .lemon. J . Oliver V T O O ~

7inonato Katz Pancoast viansaer ~ 1 s t ~ Kelly. A. P. Parker . H. S Wargo niniml KCIIY, J. B. Pern Weldner DombroanM Kerniek i)err> Westerbeig DO" Kirtle7 Petrnrea wheizn 1 ) ~ ' l e Tilinq~man ?‘levsky WiEEhS Dumas Kaiter Pit- Williams P:ekmsbew= ~ ~ w a l y r h y n Po l~ t c Vril~on Knzlehart !<!&SF matt wilt. R W. rawcen l.:,~area ,,d,,,,, +, Wjlt, Mr. W. re? i.audadlo F ~ l e s wurrilnlr lach her : . l u g b i h R a ~ ~ n p o r t v:rlght Fisher 1,rderer IlaYenstahl Yohn

Reed Flnherty Lehr Znartoss F.IFIP~. A. R e n n i n ~ e r Zellcr I .cttt.rman Poster. W. r PYI Fla'nxwek Z O P ~ I Freind Linrolrl Riihardson 7. ,* ik~ .. 1P-er ~ o g u e Rieesr r:a:lagher ~ . w r h Rltter Finrmnn Gnl!en imnderino ROC* Sne**r.

NAYS-3

:Irsd!ry ~ r r i h ~ l h ! ~ '?'Dvnnell

NOT VOTING-14

Cole Knepper !.st> noski ,.v-.,l. ... I- T. r' Cumberland ~ c ~ r a w \'nlirm+i ! V O ; ~ P F Gieason Hhwies I V r c m r r Yahnei. Hammock sheiton

So fhe question was detrmnined in the affirmative and tlie amendments were agreed lo.

011 ihc r:uestion recurring, 1:;ill t h t House agree to the hill as amended 0.1 third

ci~nsideration? Mr. STAI-IL requested and obtained iin~nimoils con-

s:.ot to offer the fnllowing ammdmeals. which were read:

Amend Title, page I, liilcs I through 30; page 2, lines 1 through 24, by striking out all of mid linps and inserting: Amending Title 66 (Public Utilities) of the Penns~lb.anin

Consolidated Statutes, further defining terms: provlding for rate increases and adjustments; further rcCu- lating hilling procedllres; providing for sus~ended mil- road crossing; providing for appeals; further providilii: for budget limitations: and increasing certain ne~~alties. A m ~ n d Rill, page 2, lines 27 th rour l~ 42: DaKzs 3

through 31, lines 1 through 30; page 32, lines 1 throui?h 3, by striking out all of said lines and inserting:

Section 1. Paragraph (1) (vi) of the definition of "public utility" in section 102 and sections 315(e), 316, 317, 511(a), 701, 902, 1102(a) (3), 1307(c), (dl and (e), 1308(b), (d) and (e), 1310(a), 1501, 1503, 1509, 1703!a) and ( c ) , 2101, 2103, 2106, 2702, 3301(a), and 3302 of Title 66, act of November 25, 1970 (P.L. 707, No. 230), known as the Pennsylvania Consolidated Statutes, added , 1976 (NO. 1, are amended or added to read: § 102. Definitions.

Subject to additional definitions contained in subsequent provisions of this title which 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: * * *

"Public utility." (1) The term "public utility" includes persons or cor-

porations now or hereafter owning or operating in this Commonwealth equipment, or facilities far: * * a

(vi) Conveying or transmitting messages or corn-

munications by telephone or telegraph or domestic public land mobile radio service including, but not limited to, point-to-point microwave radio service for the public for compensation.

* I *

5 315. Burden of proof. I * * (e) Use of future test year.-In discharging its bur-

den of proof the utility may utilize a future test year. The commission shall promptly adopt rules and regulations regarding the information and data to be submitted when and if a future test period 1s to be utilized. Whenever a utility utilizes a future test year in any rate proceeding and such future test year forms a substantive basis for the final rate determination of the commission, the utility shall provide, as specified by the commission in its final order, appropriate data evl- dencing the accuracy of the estimates contained in the future test year, and the commission may after reasonable notice and hearing, in its discretion, adjust the utility's rates on the basis of such data. p 316. Effect of commission action.

Whenever the commission shall make any rule, regulation, finding, determination or order under the provisions of this title, the same shall be prima fncie evidence of the facts found and shall remain conclusive upon all parties affected thereby, unless set aside, annulled o r modified [in an appeal talren a s provjded by law] on judicial review. g 317. Fees for services rendered by commission.

[The commission shall charge and collect the following fees for the following services:

For copies of papers, testimony, and records, 75$ per page.

For certifying a copy of any paper, testimony, or record, $2.

For preparing and certifying to the court any record in an appeal, $10.

For the filing of each securities crrtificate, or each application for a certificate of public convenience, registration certificate, permit, or license, $10.1

The commission shall by rule establish on a reasonable cost basis the fees to be charged and collected for the

services: (1) Copies of paper, testimony and records.

, (2) Certifying a copy of any paper, testimony or record. ; (3) Prepanng and certifying to the Commonwealth Court any record in an appcal.

(4) Filing of each securities certificate. o r each application for a certificate of public convenience, registm- tion certificate, permit or license. g 511. Assess~~~rr i l for regulatory expenses u p n public

utilities. (a) Determination of [total] assessment.- (1) 'petal assessment.-Before July 1 of each year,

the shall estimate its total expenditures i n the administration of this title for the fiscal year beginning [that date] July of that year, which estimate shal! not exceed [two-tenths] three-tenths of 1% of the tota: gross intrastate operating revenues of the public utilitie! tinder its jurisdiction for the preceding calendar year such ustimate shall be submitted to the Gove~nor, nnr to the appropriation committees of, the House and Sen- ztc i!~rl-,ugh their respective rhozrmm, for their respective approvals of such estimate in the amount submitted or such lesser amount as each of them may de- tcrmine. Unless the Governor, or either committec through its chairman, shall notify the commission ir writing of his or its action within 30 days after sucl submission, the estimnte as submitted shall he deemer approved by him or by the committee. The,least of tb amounts so approved by the three approving author1 ties shall he the final estimate; and approval of sue1 least amount shall constltutc compliance with sectiol 604 of the act of April 9, 1929 (P. I,. 177, No. 175), know] as "Thr Adminjstratjve Code of 1929." TI?? ~ommissio~ shall subtract from the final estimate:

[ ( I ) ] (i) the estimated fees to be collected pur suant to sections 317 (relating to fees for service rendered by commission) and 510(b) (relating t regulation of manufacture, sale or lease of appliance2 I fees) during such fiscal year; and


I sion to dettrminc the propriety and correctness of amounts

[(2)1 (ii) the estimated balance of the appropria- tian, specified in section 512 (relating to disposition, appropriation and disbursement of assessments and fees), to be carried over into such fiscal year from the preceding one. The remainder so determined, herein called the total assessment, shall be allocated to, and paid by, such public utilities ill the manner prcscrihed in this title.

(2) Supplcmental assessment.-Within 30 days of en- aci,mmt of this paragraph, the commission may corn- pute a supplrmcnt~l estimate of its expenditures for the fiscill year 1376-!',?I. which estimates shall not exceed one-tenth of 1% of the tutal gross intrastate operating reveiiufs fir the preceding calendar year multiplied by the ratic which the number of days then remaining in the fiscal year 1976-1977 bears to the total number of days in thc fiscal year 1916.1977. Such estimates shall be sulimitted to the Governor and to the appropriation ciimrnittees of the House and Senate, through their re- spcctive chairmen, for thcir respective approvals within 60 doy:; of ennctmznt. in accordance with the procedures :;ct fort!; in this suhscction. The amount approved, herein ca1lq.d lhe supplcmcntal sssassment, shall be allocated to, and paid by, such public utilities in the manner provided Car the total assessmvnt. * * * § 701. Complaints.

TI ~ , l c commisslun, or any person, corporation, or mu- nicip:~l corporation having an i n t e r ~ s t in the subject matter, or any public utility concerned, may complain in writing, setting forth any act or thing done or omitted to be done by any puhlic utility in violation, or claimed violation, of m y law which the commission has jurisdiction to administer, or of any regulation or order of the cummlsslon. Any public utility, or other person, or corpnration likewise may complain of any regulation or order of thi: commission, which the complainant is or has be~11 xquired by the commission to observe or carry intii effcct. The Commonwealth through the Attorney Gcneral may he a cumplainant before the commission in any ma'tcr solely as an advocate for the Commonwealth as n ccillumer of public utility services. The commission may prescribe the f<;rm of complaints filed under this section.

i u trial 16 jury of any issue of fact raised therebvuar

(B) $5,000 in the case of personalty or $50,000 in the case of realty;

( i i i ) the property to be acquired is to be installed new as a part of or consumed in the operation of the used and useful property of such public utility; or

(iv), , the,property to be transferred by s u ~ h puhlic utility is obsolete, worn out or otherwise un- serviceable.

Sub13aragraphs ( i ) through (iv) shall not be applicable, and approval of the commission evidenced by a certifi- Cat' of public convenience shall be required, if any such ac'luisition or transfer of property involves a transfer c l f + ~ ~ a ~ ~ .

$ 1301. 2liding scale of rates: adjustm~n!:;.

(c) Fossil fuel cost adjustment.-In any method automatically adjusting ~ a t c s to reflect changes in fossil fuel c ~ s t undrr this sc,t:nn, the fuel cost used in computing ).he :idjustment shall he limited, in the case of an electric utility, to the cost nf such fuel delivered to the utility at the generating site at which it is to be consumed, :i!ld thc cost of disposing of solid waste from scrubbers 'Jr other drvices designed so that the consumption of f'ennsylvania-mined coal at the generating site would comply with the sulfur oxide emission standards prescribed by the Commonwealth. The cost of fuel handling after such delivery, o r of waste disposal, other than as prescribed ]!I this sectlon, shall be excluded from such computation. In any method automatically adjusting rates to reflect changes in fuel cost other than fossil fuel cost under this section, the fuel cost used in computing the adjustment shall he limited, in the case of an electric utility, to the cost of such fuel delivered to the utility 31 thc gencraliilg slte at which it is to be consumed rl.'tur deducting therefrom the present salvage or reuse v:!luc of such fuel, as shall be established by commission rU~e or order.

(dl Fucl cost adjustment audits.-The commission slinll conduct or cause to be conducted, at such times as it may order, but s t least annually, an audit of each public utility which, by any method described in this section, automatically adjusts its rates to reflect changes in its fuel costs, which mdi t shall enable the commis-

I (el Automatic adiustment revorts and nroceedines.- thcrcin, where such right is secured either by the Con- stitution of Pennsylvania or the Constitution of the United Statcs, but in every such case such right of trial hv iurv shall remain inviolate. When anv iauoeal is taken1 ;!ld'ici.il review is sought, such right shail'b'e dekmed t i b~ waived upon all -issues, unl;'ss expressly reserved in such manner as shall be prescribed by [the court] gineral rules. 5 110'2. Euumciation of acts requiring certificate.

(a) General rule.-Upon the application of any public utility and the approval of such application by the commission, evidenced by its certificate of public convenience firsi bad and obtained, and upon compliance with existing laws, it shall be liiwful:

* L *

(3) For any public utility or an affiliated interest with a public utility 3s defined in section 2101 (relating ti) definitions). excrwt a common carrier bv railroad subject to the 11iifrstatc~Commerce Act, to actr;ir" from: or io transfer to, any person r,r corporation, hcluding i municipal corporation, by any method or device whatsoever. inc!udinc the sale or transfer of f o r k 2nd in-

~ ~ - - ...... -..- ... cludini! a consdidation, merger. sale or lease. the title ~. ~ - - - ~ - - - - to, or i!lr possession or use or, i n y tangible or intangible property used or useful in the public service. Such ap- pravr~l shall not be required if:

( i ) the undepreciated book value of the property to Sc acquired or transferred does not exceed $1,000;

(ii) the uudepreciatcd book value of the pro erty to be acquired or transferred does not exceef the lesser of:

(A) 2% of the undepreciated book value of all fixed assets of such public utility; or

(i) the total revtinues received pursuant to the automntlc adjustment clause;

(ii) the total amount of that expense or class of expenses incurred which is the basis of the auto- mstic adjustment clause; and

(iii) the difference between the amounts specified by subparagraphs (i) and (ii).

Such report shall be a matter of public record and copies thereof shall be made available to anv nerson UDon re- " . . ~-

quest to the commission. (2) Within 30 days follriwing the submission of such

report by a public utility, the commission shall set a date far and within 90 days hold a public hearing on thc substance of the report and any matters pertaining to the use by such public utility of such automatic ad- justmcnt clause in the preceding period and the present and subsequent periods.

(3) Absent good reason being shown to the can- trary, the commission, shall within 60 days following such hearing, by order direct each such public utility to, over an appropriate 12 month period, refund to its patrons an amount equal to that by which its revenues received pursuant to such automatic adjustment clause exceeded

I the amount of such expense or class of expenses, or re- I cover from its patrons an amount equal to that by which such expense or class of expenses exceeded the revenues

/received pursuant to such automatic adjustment clause. (4) For the purpose of this subsection, where a 12

'month report perlod and 12 month refund or recovery

June 29,

1976. LEGISLATIVE

(1) (i), (ii), (v) or (vii) of the definition of "public utility" in section 102 (relating to definitions),,shall discontinue, and the commission shall not authorize such a public utility to discontinue, except upon request of the customer, for nonpayment of charges or for any other reason, the rendering of service during the following periods:

(1) On Friday, Saturday or Sunday. (2) On a bank holiday or on the day preceding a bank

hcliday. (3) On a holiday observed by the public utility or on

the day preceding such holiday. A holiday observed by n puhlic utility shall mean any day on which the business d f ice of the puhlic utility is closed to observe a legal holiday, to attend public utility meetings or function:; or for any other reason.

(4) On a holiday observed by the commission or on t h ~ day preceding such holiday.

(h) Personal contact before service discontinued.- Except when required to prevent or alleviate an emer- gcncy as defined by the commission, and except in the case of danger to life or property, no puhlic utility referred to in subsection (a) shall discontinue, and the commission shall not authorize such a public utility to discontinue, except upon rcqufst of a customer, for nonpayment of charges or for any other reason, the render- Ing of service without personally contacting the customer at least three days prior to such discontinuance, in rddition to any written uotice of discontinuance of service. Personal contact includes any of the following:

(1) Contacting the customer by means other than writing.

(2) Contacting another person whom the customer has designated to receive a copg of any notice of disconnection.

(3) If the cus tom~r has not made such designation, corltacting a community Interest group or other entity, including local police departments, which have previously agreed to receive a copy of the notice of disconnection and to attempt to contact the customer.

(4) If the customer has nut made snch designation and no such community interest group or other entity has previously agreed to receive a copy of the notice of disconnection, contacting the commission or such other local government unit as the commission shall, by rule or regu- iation, designate. § 1509. Billing procedures.

All bills rendered by a public utility as defined in paragraph (1) (i) , (ii), (vi) or (vii) of the definition of "public utility" in section 102 (relating to definitions) to its service customers, except bills for installation charges, shall allow at least 25 days from the date of mailing of the hill for payment without incurring any late payment penalty charges therefor. All bills shall be itemized to separately show amounts for basic service, Federal excise taxes, applicable Statc sales and gross re- ccipts taxes, fuel adjustment charge, if any, State tax adjustment charge or snch other similar components of the total bill as the commission may order. Any electric or gas public utility billing customers on a hi-monthly or quarterly basis and rendcring interim statements or hills each month shall include in such interim statement or bill an amount fcr thc fuel adjustment chargf based upon one-half of the total rxpected bi-monthly kilowatt- hour or rubic foot hilling or one-third of the total ex- .)ectcd quarterly billing and using the fuel adjustment :barge rate applicable in the month of the interim state- merlt or hill. At the time of preparing thc bi-monthly >r quarterly bill, an appropr~ate adjustment shall be made in the total fuel adjus:ment charge billing for the

J O U R N A L H O U S E 5875 --

where found to be inappropriate, establish for each class of public uti l i t i~s, the units of depreciable property, the loss upon the xtirement of which shall be charged to tile depreciation rrserve. * * * , (c) Use of estimates.-The commission shall not be :xund m rate proceedings to accept, as just and reasonable for rate-making purposes, estimates of annual depreciation establish~d under the provisions uf this sec- titin, but in such rate proceedings it [may] shall give c~unsideratiun to statements submitted under t h ~ s sectlon, in addition to such other factors as may be relevant. ( 5 2101. Del'initions.

The f!i!lowing words and phrases when used in this iiilf shall hsve, unless the context clearly indicates otherwise, the m-anings given to them in this section:

"Affiliated interest." (1) Any persun ur curporation who or which owns

or controls, directly or indirectly, 5% or more of the voting capital stock of a public utility.

(2) Any corporation, 5% or more of the voting capital stock of which is owned or controlled, directly or indirectly, by any person or corporation who or which owns or coritrols, directly or indirectly, 5% or more of the voting capital stoclc of a puhlic utility.

(3) Any corpor;.tion, 5% or more of the voting capital stock of which is clwned or controlled, directly or indirectly, by a public utility.

(4) Any person or corl~oration who or which, either singiy or. in conjunction with one or more other persons or corpcraticns, is exercising any substantial influence over the policies, acts, or actions of a public utility, or stand; in such relationship to the public utility that there is an absence of free and equal bargaining power between h ~ m or i t and the public utility.

(5) Any director, officer or employee of an affiliated intprest. Any public utiiity, prior to contracting with any person or. corporation, may apply to the commission for a determination ns to whzther or not such person or cor- p:~r;rtion is an affiliated interest.

',Contract with an affiliated interest." Any agreement or contract, written or oral, express or implied, entered into by tiny public utility and an affiliated interest for the purchase, sale, pyment . lease, loan, or exchange of any service, property, money, security, right or thing.] 9: 2101. Affiliated interests; contracts for services; filing

with commission and commission power. ( a ) Definition.-As used in this title "affiliated in-

terest" with a public utility means and includes the fol- lowlug: , (1) Every corporation and person owning or hold- i n g directly or indirectly 5% or more of the voting se- curlties of such l>uhlic utility.

(2 ) Every corporation and person in any chain of succiss;ve ownership of 5% or more of voting securities.

(3) Every carparation 5% or more of whose voting securities are owrred by any, person or corporation own- l n g 5 % 01. more of the vot~ng securities of such public ui i l~ty or by ally person or corporation in any snch chain of successive ownership of 5% or more of voting securities.

(4) Every person who is an officer or director of such pub1;c utility or of any corporation in any chain of suc- rcss,-.r ownership of 5% or more of voting securities. (5) Every corporation operating a public utility or a

serv;cing nrganizztion for furnishing supervisory, con-

jeriod. Any public utility rendering bills on a bi-monthly which bas directors in common ,asis or quarterly basis shall calculate the fuel adjust- l with snch public utility where the number of such di- nent charge per kilowatt-hour or cubic foot for the en- rectors is more tlian one-third of the total number of ;ire period as the weighted average of the two monthly the utility's directors. .ates or the three monthly rates whichever is applicable. ( 6 ) Every corporation or person which the commis- 3 1703. Depreciation accounts; reports. sion may determine as a matter of fact after investiga-

(a! Accounts.-Every public utility shall carry on its 1 tion and hearing is actudly exercising any substantial 2ooks or records of account, proper and reasonable sums 'influence over the policies and actions of such public .eprescnting the annual depreciation on its property used /utility even though such influence is not based upon stock- )r useful in the public servicc, which sums shall be based i hold!ng, stockholders, directors or officers to the extent lpon the average estimated life of each of the several specified in this section. As used in this title substantial rnits or classes of depreciable property. The commission, inf!uence means any corporation or person which or who )Y appropriate order, after hearing, [may] shall, except stands in such relatianship to the public utility that there

LEGlSLATlVE J O U R N A L H O U S E

cost to th> -affiliated interest of rendering the services lpayment or compensation

is an absence of free and equal bargaining power hetween it or him and the public utility.

(7 ) Every person or corporation who or which the commission may detrrmine as a matter of fact after invcstigation and hearing is actually exercising such substantial influence over the policies and actions of such public utility in conjunction with one or more other corporations or persons, or both, with which or whom they are related by ownership or blood relationship, or both, or by action in concrrt that together they are affiliated with such public utility within the meaning 01 this section even though no one of them alone is so affiliated. The term "person" shall not he construed to exclude trustees, lessees, holders of beneficial equitable interest, voluntary associations, receivers and partnerships.

(h) Contracts.-No contract or arrangement providing for the furnishing of management, supervisory, construction, engineering, accounting, legal, financial, or similar services, and no contract or arrangement for the purchase, sale, lease, or exchange of any property, right, or thing or for the furnishing of any service, property, right or thing other than those above enumerated, made or entered into after the effective date of this section between a public utility and any affiliated interest shall be valid ar effective unless and until such contract or arrangement has received the written approval of the commission. If such contract is oral, a complete statement of the terms and conditions thereof shall be filed with the commission and subject to its approval.

(c) Filing contracts.-It shall be the duty of every public utility to file with the commission a verified copy of any such contract or arrrangement, or a verified snm- mary as described above of any such unwritten contract or arrangement. All such contracts and arrangements, where written or unwritten, entered into prior to the effective date of this section and required to be on file with the commission by prior act and in full force and effect at the effective date of, this section shall he subject to the provisions of the scctlons regarding affiliated interests. The commission shall approve such contract or arrangement made or entered into after the effective date of this section only if i t shall clearly appear and be established upon investigation that it is reasonable and consistent with the public interest. If at the end of 30 days after the filing of a contract or arrangement, no order of rejection has been entered, such contract or arrangement, whether written or unwritten, shall be deemed, in fact and law, to have been approved. The commission may, by written order, giving reasons therefor, extend the 30-day consideration period. No such contract or arrangement shall receive the commission's approval unless satisfactory roof is submitted to the commission of the

ords ai;d other relevant accbunts of the affiliated i&rest. 1 cc8ntracts for services: filina with commission and coml

make cffective or modify any contract with an affiliated interest, or by way of donation, give to, or receive from. an affiliated interest, any property, money, security, right or thing. The filing shall he in writing and shall be in such form and contain such information as the commis- iioti may prescribe by its regulations.

' (b) Disapproval.-If at the end of 30 days after th:, filing of the contract no order o? disapproval has been entered, such contract shall he deemed, in fact and law, to have been approved. The commission may, by written :xder, giving reasons therefor, extend the 30-day can- sideration period. The commission may, after a hearing and a finding of public interest, disapprove any such contract in whole or in part, and all such portions of the con- t:act, then executory, shall be void and all such transactions thereunder, other than payrncnt by eithcr party for value already received, shall be unlawful.

(c) Exceptions.-This sectinn docs not apply to: (1) A contract for services under section 2102 (relating

to contracts for services). (2) Any single or isolated transaction involving a cash

r '~nsld~ratlon not exceeding $1,000. ( 3 ) Unless the transaction involves inore than $50,000,

the,transfer of scrufities or the loan of money, any singl? or ~solated transaction lnvolvlng the purchase or sale of !jxi!d assets, materials or supplies, used in rendering puh- ltr service, in which the monetary va!ue of the considera- tlon does not exceed 1% of the undepreciated hook value o i the f ~ r e d assets of such public utlllty.1 B 2101. Exc!usions to written approval; continuing e r -

clus~ons. (a) Supervision.-The provisions requiring the written

:'pproval, pf the ,commission shall not apply to transactions 7.vith a(fillated interests of any common carrier by railroad or motor vehicle that is subject to the Interstatc Gommerce Act, unless required by order of the commisslon, nor where the amount of consideration involved is not in excess of $10,000 or 5% of the par value of outstanding common stock, whichever is smaller. Regularly rrcurnng payments under a general or continuing arrangement which aggregate a greater annual amount shall not be broken down Into a senes of transactions to ccme within the aforesaid exemption. Where the commission has given its approval generally as to a class or category of transactions, the commission may apply such approval to all subsidiary or related transactions. Such transactions shall be valid or effcctive without commission approval under this section. However, in any proceeding involving the rates or practices of the public utility, the commission may disallow any payment or compensation made pursuant to such transaction unless the public utility shall establish the reasonableness of such

or such abstract thereof or summary taken therefrom IS^ sion power) so far ab nece<sary to protect and promote

or acclounts. (d) Disallowance of certain contracts.-If the commis-

sion shall determine that the amounts paid or payable under a contract or arrangement filed in accordance with this section are in excess of the reasonable price for furnishing the services provided for in the contract, or that such services are not reasonably necessary and proper, it shall disallow such amounts, in so far as found exces-

shali h ive iuuro;ed entry into such contracts or arranae-

a "A"". -LL- "" .""-u.

[No approval granted to any public utility by the cummission, with respect to any contract with, or any donation to. or from. an affiliated interest. and no exemotion

sivc, in any proceeding! involving the rates or practicesl ~. ~ ~

granted by any regulation or order of the commission with respect thereto, shall bind or require the commission, in

proper, shall b e on the uubiic utility. I [ § 2103. Other contracts: donations-. I (a) Filing required.-No public utility, except a common carrier bv railroad or motor vehicle subiect to Part I I or Part I1 oE the Interstatc Commerce Act, shall, with- I

out f~l ing a copy of the contract wlth the commission,'

received, pursuant to 'such approval or exempt& The commission shall not he hound, in fixing the rates of any public utility, lo take into consideration any unreasonable


payment made by such public utility under any contract wlth an affiliated interest.]

In any proceeding, upon the commission's own motion, or upon application or complaint, involving rates or prac- tiees of any public utility, the commission may disallow, in whole or in part, any payment or compensation to an affiliated interest for any servives rendered or property i:r scrvicc furnished, or any property, right, or thing received by such public utility, or donation given or received, under existing contracts or arrangements with1 such affiliated interest unless such puhlic utility shall establish the reasonableness thereof. In such proceeding no payment shall be approved or allowed by the commission, in whole or in part, unless satisfactory proof is submitted to the commission of the cost to the affiliated interest of rendering the service or furnishing the service, property, security, right or thing to the public utility. No .>roof shall be satisfactory, within the meaning of the :oregoing sentence, unless it includes the original (or ,wified copies) of the relevant cost records and other xlevant accounts of the affiliated intcrest, or such ab- i:ract thereof or summary taken therefrom as the com- nission may deem adequate, properly identified and duly iuthenticated. The commission may, where reasonable, rpprove or disapprove such contracts or arrangements ~ i t h o u t the submission of such cost records or accounts. i 2702. Construction, relocation, suspension and abolition

of crossings. (a) General rule.-No public utility, engaged in the

ransportation of passengers or property, shall, without wior order of the commission, construct its facilities ;cross the facilities of any other such public utility ur (cross any highway at grade or above or below grade, or 11 the same or different levels; and no highway, without ike order, shall be so constructed across the facilities of ny such public utility, and, without like order, no sucli tossing heretofore or hereafter constructed shall he al- ered, relocated, suspended or abolished.

(b) Acquisition of property and regulation of crossing.-- 'he cornmission is hereby vcsted with exclusive power L. appropriate property for any such crossing, except as 9 such property as has been or may hereafter be con- einned by the Department of Transportation for Federal Lid Prajccts under section 1004 of the act of .June 1, 1945 P.L. 1242, No. 428), known as the "State Highway Law," 7 which case the provisions of that act shall be in effect, nd to determine and prescribe, by regulation or order, he points at which, and the manner in which, such cross- it: may be constructed, altered, relocated, suspended or bolished, and the manner and conditions in or under rhich such crossings shall be maintained, operated, and rotectcd to effectuate the prevention of accidents and l e promotion of the safety of the public. (c) Mandatory relocation, alteration or abolition.-Upon

s awn motion or upon complaint, the commission shall ave exclusive power after hearing, upon notice to a11 arties in interest, including the owners of adjacent prop- rty, to ordcr any such crossing heretofore or hereafter Tnstructed to be relocated or altered, or to be snspended, r to he abolished upon such reasonable terms and condi- oils and shall be prescribed hy the con~n~ission. In etermining the plans and specifications for any such .ossing, the commission may lay out, establish, and open ~ c h new highways as, in its opinion, may be necessary , connect such crossing with any existing highway, or cuke such crossing more available to public use; and may ,andon or vacate such highways or portions of highways ;, in the opinion of the commission, may bo rendered Ineceisary for publ i ,~ use by the construction. relocation,

abandonment of any af such crossings. The commis- on may order the work of construction, relocation, al- ration, protection, suspension or abolition of any cross- .g aforesaid to be performed in whole or in part by any lhlic rltility or municipal corporation concerned or by ce Commonwealth. (d) Procedure for appropriation of property.-When

iy real property is appropriated by the commlsslan un- :r this section, each parcel of such property so appro- ,iated, shall be accurately described by metes and iunds, and the record owner of each such parcel shall I named in the order of appropriation. Unless otherwise corded, the commissian shall file with the recorder of

dceds of the proper county, a copy of that portion of the order of the commission which appropriates such property, and sucb plans and other detailed information as the commission may deem necessary. Such portion of the commission's ordcr dealing with the specific property api3ropriatcd shall be recurded and indexed under the name or names of the record owners of such specific propprty at the expense of the utility or utilities, political

5 subdivision, murilcipality or municipalities, governmental agency, ~n-luding the Department of Transportation and Public Ulility Cummission, corporation or persons upon \%,hose instigation, petition or complaint and said crossing was constructed, rcconstructed, relocated, altered, suspended or abolished, as may be ordered, to bear such ex- Pcnse or recording by the commission.

(e) Reactivation.-The commission may, within its dis- cl.etio?ppon petjtipn hy any railroad, the Commonwealth, a 1~olltical suhdivis~on or any other affected party by order renctivatc any crossing suspended under this sec- tmn.

( f ) Danger to safety.-Upon the commission's finding ;f a? immediate danger to the safety and welfare of the pub1l.C at any such crossing, the commission shall order the crossing to be immediately altered, improved, or suspended. Thereafter hearing shall be held and casts shall he allocated in the manner prescribed in this title.

( g ) Suspensiom.-Any order of suspension under this section shall require the following for the protection of the motoring public:

(1) Rcmoval or covering of crossing warning devices. (2 ) (i) Paving over the tracks;

(ii) removal of the tracks and paving over of the area formerly occupled by said tracks; or

(iii) barricading the crossing. $ 3301. Civil penalties for violations.

(a) General rule.-If any public utility, or any other person or corporation subj,ect, to this title, shall violate any of tile provisions of this title, or shall do any matter or thing herein prohibited; or shall fail, amit, neglect, or refuse to perform any duty enjoined upon ist by this title; or shall fail, omit, neglect or refuse to obey, observe, and comply with ,any regulation or final direction, requirement, determmation or order made by the commission, or any order of the commission prescribing temporary Tates in any rate proceeding, or to comply with any final Judgment, order or decree made by any court, such public ut?llty, Person or corporation for such violation, omission, fallure, neglect, or refusal, shall forfeit and pay to the Commonwealth [the sum of $501 a sum not exceeding $1,000 to be recovered by a n action of assumpsit instituted in the name of the Coinmonwealth in the appropriate court. In construing and enforcing the provisions of this section, the violation, omission, failure, neglect, or refusal

any officer, agelit, or employee acting for, or employed by, any such public utility, person or corporation shall, "' every case be deemed to be the violation, omission, f"illire, neglect, Or refusal of such public utility, person o',':r~ation.

3302. Criminal penalties for yiolations. Any Person, including an officer, agent or employee of

any public utility, or any corporation, who or which shell knowingly fail, omit, neglect or refuse to obey, observe, and comply with any regulation or final order, direction, 01 requirement of the cornmission, or any order of the ::ommission prescribing temporary rates in any rate proceeding, or any final order or decree of any court, or who bl:a!l kni.wi?gly procure, aid, or abet any such violation, [)ml%lOn, failure, negiec:t, or refusal, shall he guilty of a nliddelneanor of the [third] second degree.

Section 2. This act shall take effect in 60 days except :L'at the amendments affecting Title 66 of the Pa.C.S.

1 8S1308 and 1310 shall take effect in one year.


The SPEAKER. The Chair recognizes the gentleman irom Berks, Mr. Stahl.

illr, Speaker, these are listed as the C O W E ~ ~ No. 1 amendments.


I understand that Mr. Cowell is not going to offer the ;amendments at this time. However, because the amend- mants were very good, I thought that we ought to at least talk about them and take a vote on them here on the floor of the House.

POINT OF ORDER

The SPEAKER. The Chair recognizes the gentleman from Lehigh, Mr. Ritter. For what purpose does the gentleman rise?

Mr. RITTER. I rise to a point of order. The SPEAKER. The gentleman will state it. Mr. RITTER. Once before we had an argument about

someone offering amendments that were prepared by someone else. I wonder if the Chair would rule on whether or not it is proper for Mr. Stahl to offer amendments that were prepared by Mr. Cowell.

AMENDMENTS RULED OUT O F ORDER

The SPEAKER. At least the Chair is not apprised of

Amend Sec. 18, page 24, line 11, by striking out "18."

a n i ~ ~ ~ ~ , " ~ , :<.page 25, line 12, by striking out u19.0 and inserting: 20,

Amend Sec. 20, page 25, line 29, by striking out "20." and inserting: 21.

Amend Sec. 21. page 26, line 2. by striking out "21.' and inserting: 22.

Amend Sec. 22. page 20, line 23, by striking out "22.'

a n ~ ~ ~ ~ t ~ , " : , 28, lint 12, by striking out ,,23,, and inserting: 24,

Amend Sec. 24. page 28, line 13, by striking out "24.' ::nd inserting: 25.

Amend Sec. 25, page 28, line 23, by striking out "25.' and inserting: 26.

~~~~d see. zF, page z9, line 22, by striking out "26: and inserting: 27.

Amend Sec. 27, page 30, line 13, by striking out "27.'

""i~$~?,":, 228q. page 31, line Y, by striking out ',28,, and inserting: 29.

Amend Sec. 29, page 32, line 2, by striking out "29.' and inserting: 30.

Amend Sec. 29, page 32. line 3, by striking out "20" an< inserting: 21

any rule or regulation or constitutional requirement that would prevent Mr. Stahl from offering amendments that had been ordered by another member. IIowever, the Chair would bring to the attention of the gentleman, Mr. Stahl, that his amendments are to printer's No. 2081. The hill before us is printer's No. 2098, and the amendments are improperly drafted.


consideration? Mr. LAUGHLIN requested and obtained unanimous


Amend Bill, page 19, by inserting between lines 15 and 16:

Section 13. The act is amended by adding a section to read:

section 509. Supervision and Regulation of Rate Case Expenses; Disallowance of, Certain Expenses.-(a) Every public utility shall malntaln records which shall contain such proper and reasonable sums as the utility has ex- pended or has contracted to expend in the preparation, presentation, or advocacy of rate cases.

(b) Records required under this section shall be kept so as to indicate which Of such sums have been paid to independent providers of legal, accounting, or other consultant services used by a utility in connection with rate cases.

(c) The commission shall disallow all sums in excess of fifty thousand dollars paid to independent providers of services in connection with any proceeding entered upon under section 308(b) subseauent to a utility's filing of new tariffs or supplements to existing tariffs under sfc- tion 308(a), regardless of whether temporary rates are requested by the utility or set by the commission under section 310.

(d) The commission shall disallow such other sums paid or contracted to be paid by a utility, in connection with its seeking of increased rates, to independent providers of services, as defined in this section, if it shall f ir~d or determine that such sums are excessive or unreasonable.







SPEAKER. ~h~ chair the gentlema, from Beaver, mr. Laughlin.

LAUGHLIN, Speaker, over the last or months I have been reading a great deal of literature fror the Public Utility Commission telling us that they ar understaffed, undermanned, and have a great deal c difficulty competing with outside firms when it come to rate case hearings.

I took the opportunity to check into some of the rat case hearings that we have had over the past few year and four~d that as high as $250,000 had been paid for leg: fees and $185,000 in fees paid for other outside consul tants. I thought that, yes, the PUC is understaffed an undermanned. They are competing against very high powered organizations on those rate cases. So I hav come up with an amendment, Mr. Speaker, that I beliel will help the PUC in dealing with some of these Cases, because an awful lot of the information that thc bring in is repetitious that has been gained in earlit case hearings. They add a small portion to the end of and thus present a very large docket for the people at tk PUC to review.

What I am asking in this amendment is that we restri the outside influence of these funds to the extent , $50,000, that no utility can employ outside firms that w.

expend more than $50,000 before the rate case hearin Thus it will limit the amount of money that the utiliti

be to before the PUC' Thank you.

The SPEAKER. The Chair recognizes the majori leader.

Mr. IRVIS. Mr. Speaker, I am somewhat in sympatl with the gentleman's thrust, but I am a pragmatist and recognize that we are dealing with a Senate bill, and t: word has been passed already to me that the Senate ca "Ot ~~~~~~~y accept this amendment.

If we accept it and force it to the Senate, it may me. the delay of the passage of the bill itself, and although regret to do so, I must ask for a negative vote on t amendment.


Mrs. GILLETTE. Mr. Manderino presented that amend- ' Cole iinepper Ustynoskl walsh, 7'. 1'.

lent. (ileason NicGrsw Vallcentl Wojdak H a m o c k Riladw Wagner Yahner

Mr. VROON. That was only one. You had two amend- ients, and he presented one. The majority required by the constitution having voted

111 the afhrmatlve, the question was determined in the Mrs. GILLETTE. No. The d h e r amendment that he / ' , ' '

,ill present is to Senate bill No. 1217. 1 affirmatme. Mr. VROON. That is still another? Ordered, That the clerk return the same to the Senate

Mrs. GILLETTE. Right. with information that the House has passed the same with

Mr. VROON. All right. amendments in which the concurrence of the Senate is j requested.

On the question recurrinz, i

The SPEAKER. The Chair recognizes the gentleman! I

REVOTE REQUESTED from Beaver, Mr. Laughlin.

I The SPEAKER. The Chair will have to request the Mr. LAUGIILIN. Mr. Speaker, Mr. Irvis speaks very n.,embership of the H~~~~ to vote again on senate bill

eloquently on behalf of my particular amndment , but he N,. 1216. ~h~ chair has been advised that there was a also includes the fact of what the Senate will do. malfunction on the recording of the vote.

Shall the bill pass finally? I SENATE MESSAGE (A roll call vote was taken which indicated totals of CONCURRENCE IN HOUSE RESOLUTION No, 77

90 yeas, 0 nays, and 13 not voting, but due to malfunc- on of the electric voting machine there was no printout.) The clerk of the senate, being introduced, informed

I do not have any faith in what the Senate does on the few occasions. Today in particular I would hope tha t ' Mr. Irvis would use his efforts and our leadership in the House would use their efforts on behalf of this amend- inent when they are dealing with the Senate after we pass it. Maybe we can hold it in the bill.

Thank you. (A roll-call vote was taken which indicated totals of

70 yeas, 121 nays, and 12 not voting, but due to malfunction of the electric voting machine there was no printout.)

QUESTION OF PERSONAI, PRIVILEGE

The SPEAKER. The Chair recognizes the gentleman from Luzerne, 1Mt. O'Connell. For what purpose does the :;enlhman rise?

Mr. O'CONNELL. I rise to a question of personal privilege.

The SPEAKER. The gentleman will state it. Mr. O'CONNELL. I would like to he recorded in the

negative on the Laughlin amendments to Senate bill No. 1216.

The SPEAKER. The gentleman's remarks will be noted 'or the record.

Mr. O'CONNELL. And I understand that my colleague, Jim Gallen, would also like to be recorded in the nega- .ive.


:onsideration? Bill as amended was agreed to.

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


The SPEAKER. The Chair recognizes the gentleman rom Chester, Mr. Vroon.

Mr. VROON. Mr. Speaker, I was under the impression ha t Mrs. Gillette had another amendment. Am I correct?

The SPEAKER. Does the lady have another amend- lent? Mrs. GILLETTE. No, I have no other amendment. Mr. VROON. Was this one housekeeping amendment

n the multi-ple- 1

1 On the question recurring.

the Pass


YEAS-191

~ a l l c n Manmiller Ruggiiru Andmon. J. EK Carzia McCall Ryan

tGgF G c e a e ~ McClatchy Saloorn Ceisler McCue Salvatore

'3rllornM c:eor,ze McGinni~ Seheaer Rennett Glarnmarco Mclntyrc Sehmitt I<,, sinrsple hleLanr Sehwedcr Rrrlln s 7 illette Xebus SCIIIU~

r: leeson rlenhorn Seltzer Ooodman Mlianovleh Shane

nunetto :;rcm Miller, M. E. shelhamer Bradley i:rcenfield Miller, I*. E.. Jr. Shelton Rrandt 1:rieco Milliron Sbuman B,,,, (;ring l i l i~cev i~ l> shrtynik E u m ~ iiaivemon Moeillm~nn siriar,r,r Hutera tlamilton. J. H. Morris Smlth. &. Caputo liastly ~LIrkonIc Smith. L. Crssar H~skell Allullen, M. P. spenrrr ~~~~~" Ilayes. D. s. iluilen Stahl

Hares. S. E. Must0 Stirpllton Cohm tlepford Xiycta Stoui :::&:, :<ill Novak Taddonio

Ilovkin. :40ye Ta~lor Cumberland !lotchinson. A. WBrien Thoma ?*"*a Fiutrhin-. w. c ) ' c o , ~ ~ ~ I Ton '2i'nledfo i r v r s i) Donne11 :.,,*, Trello

i tkln O'KeeIe T u r n e ~ DeWeese Johnson. J. Oliver Vroon I)icarlo I<atz Pancoast W-ez 11iDon~tO Kelly, A. P. Parker. H. S. Wargo Dietz Kelly, J. a. wrn Weiiiner nininni lielnick Perm Wruterberg Pornbrowsld :::s:ier Pctrnzca whelm Don Klingamm Plevglry Wigans :loyIe Kolter Pltts Williams i>rrlbelblll Kowalyahyn Polite Wileon Dumas EUSSC Prat: Wilt, R. W.

z":~",r(lu L:ihhrca Prendc~gast Wilt. W. W. Laudadlo Pyles WorPilow

Faween 1,sughlin Rappaport Wright Fee Lcdcre~ Harensta!il Yohn Fiseher I'ehr Rced Zearfoss Fisher 1Let:erman iic-nninger Zelier Flaherty Levl X r n W l ~ k Zord F O S ~ C ~ , A. L~ncoin Xichardson Zwkl

W. Lowe Rleger Freind Lynch Ritter Finemw. p,, \.Isndellllo Roes Speaker Gallagna

NAYS--0

NOT VOTING-12

LEGISLATIVE JOURNAG-HOUSE June 29,

that the Senate has concurred in the following resolutiol; from the House of Representatives:

HOUSE RESOLUTION NO. 77

Memorializing Congress to pass an amendment to the Constitution guaranteeing equal protection to apply ic unborn the same as to all other citizens.

SENATE MESSAGE RESOLUTIONSFORCONCURRENCE

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

SENATE RESOLUTION No. 241 I Designating the third week of September as "Rehabili-

tation Week."


SENATE RESOLUTION No. 243

Joint Committee to study problems of unemployment


REPORT OF COMMITTEE OF CONFERENCE ON HOUSE BILL No. 2073

Mr. BONETTO presented the Report of the Committee of Conference on House bill No. 2073.

The SPEAKER. The report will be laid over for printing under the rules.

Amend Sec. 7 (Sec. 6.1), page 9, line 20, hy removing the comma after "budget" and inserting a period

Amend Sec. 7 (Sec. 6.11, page 9, lines 20 through 23, by striking out "EXCEPT IN AN EMERGENCY AS DE- CLARED" in line 20. all of lines of 21 and 22 and "THE GOVERNOR:^ in line 23

Amend Sec. 7 (Sec. 6.21, page 11, line 6, by striking out "employed and covered fully" and inserting: afforded

judfiemav nofbe withdrawn from a werson so apwointed nor-his salary diminished, except for good cause shown.

Amend Sec. 12 (Sec. 9.1), page 25, line 6, by inserting

?Zornmission shall be fixed by the commission.


The SPEAKER. The Chair recognizes the majorit) whip.

Mr. MANDERINO. Mr. Speaker, these amendments likewise, do a number of things. These amcndmentl would provide a change in the method by which t h ~

. . . . - - . -. - . bill No. 1217, printer's No. 2082, entitled: I

CONSUMER PROTECTION BILLS ON THIRD CONSIDERATION

Agreeable to order, rphP H ~ , , ~ ~ oroceeded to third consideration of Senate

..---..--- ~~~ ~ ~

mission; further providing for certain powers and duties 01 commissioners and employes and as to employes in certain cases, compensation and providing for hearing and

salaries of the commissioners are set. Presently the hi1 allows the executive board to set the salaries. Thi: amendment sets the salaries of the commissioners at $35,. 000 per commissioner and $36,500 for the chairman. It i my understanding that the executive hoard would haw

investigative procedures. 1

set the salary higher than that. We changed the language of the bill by reinsertin8

language in the bill which had been removed prohibitin; the commissioners and the employes from holding an: other appointive or elective office of the Commonwealtl or any political subdivision. That language had originall: been removed because it was covered in anomther are of the bill, but it was thought to reinsert the languag to make it perfectly clear of the legislature's intention:

($35,000) Amend Sec. 1 fSec. 1). ~ a e e 2. line 28. by inserting a 1

On the question, Will the House agree to the bill on third Mr. MANDERINO requested and obtained unanimous


mend Sec. 1 (Sec. I ) , page 2, line 26, by striking out the bracket before "of"

Amend Set, I ) , page 2, line 26, by insenling brackets before and after "twenty-four thousand dollars ($24,000)" and inserting: thirty-five thousand dollars

....-. ~ - - . . . bracket before "twenty-five"

-

Amend Sec. 1 (Sec. I) , page 2, lines 29 and 30; page 3, lines 1 and 2, by striking out "TO BE" in line 29, all of line 30, page 2; both of lines 1 and 2, page 3 and inserting: thirty-six thousand flve hundred dollars ($36,500).

Amend Sec. 3 (Sec. 3), page 4, line 7, by removing the period after "utility"

Amend Sec. 3 (Sec. 3). page 4. line 7, by striking out

We also with this amendment remove language whic qualifies the provision that total compensation paid t consultants in any fiscal year shall not exceed 4 percen of the commission's budget. The deleted language create an exception in the evrnt an emergency was declared b the commission. The amendment takes out the provisio that they can exceed that limit in the case of emergenc3 K'e simply say that they cannot exceed that limit.

There is clarifying ]anwage in this amendment whic conforms the administrative law judge so far as his em

. . -

the bracket before "or" Amend Sec. 3 (Sec. 3) , page 4, line 9, by Inserting a

bracket before "No"

ployment security is concerned to those persons holdin civil service status.

The amendment would remove also the determinatio of salaries of the administrative law judges from th executive board and reinstate the prior language of th bill, which is an annual salary of $25,000 to $30,000.

The amendment would also reinstate prior languae that was contained in the bill, before removed, whic provide for additional employment security for the ac ministrative law judges.


The amendment also reinstates prior deleted language which would provide employment security for attorneys employed by the commission as assistants to the chief counsel and specify that compensation of all counsel is t.n be set by the commission.

Mr. Speaker, it is bclieved !.hat these amendments are needed in the bill and that they would make it a better hill. I would urn@ an affirmative vote on the amendments.

The SPEAKER. The Chair recognizes the gentleman from Chester, Mr. Vroon.

Mr. VROON. Mr. Speaker, I have always been a very f ~ r m believer in paying people what they are worth, what the job is worth. In this particular case we are dealing with five individuals. The cost involved here to raise these five individuals' salaries from $30.000 to $35.000 is

Flseher Kistler Pitts Westerberg Fisher Kiingaman Pollte Wilson Flaherty Kusse Rappsport Wilt. R. U'. Fnster. A. Levi Salvatore Wilt. W. W. Foster. W. MrCue Srhenffer Zord Fryer

NOT VOTING-13

Cole Knepper U~ltmoski Williams Dininni Mecraw Wagner Wajdak Gleason Rhodes Walsh. T. P. Yahner Hammock




dictate otherwise, I think the job is worth that kind of and nays will now he taken. money.

For lhat reason in particular and also because I s u ~ ~ o r t I YEAS-lfi4

so inconsequential that I do not think it is worthy of long debate.

If we expect the Public Utility Commissioners to do a job for us, I think we ought to be willing to pay them a good full-time salary. And even if our own emotions

~ h , sPEAKER, This bill has been considered on three different days and agreed to and is now on final passage.

~h~ question is , shall the hill pass finally? '.-m

Agreeable to the ~rovision of the Constitution, the yeas

Arthum nrrber Be:lornini Bennett

. . the other features of the amendment, I would ask for a "yes" vote on this entire amendment.


The yeas and nays were required by Messrs. MAN- DERINO and VROON and were as folows:

Beren Rerun ReTlOn Bittl" Ronetto Bradley R'unner

Andermn.J.E. Cmrde MandeTlno Ryan 4 ~ t h m Crr?sey MeCall Salvsture Rarher Geisler McClatchy Schesffer BellomM Georgr MrCae Sehmltt Rrnnen Glammarca Mrlntyre Sehweder Heren Lllilles:~ie M e h n e Scirica nerltn Cillette Mchw Seltzer

zFt:p Gleeson Mllanovleh Shsne Goodmen I E. Shelhamer

Bonetto Green Milllron Shelton Umdlqr GrernRela Miscevieh Shunnik

Fee ?reind Gallagher Garzia

Abraham 4nderson. J H. Brandt Burns Zessar :,mini Eradord 7umherland navies 3evcrter Jictz Dory Jreibelhla

Geisler McCa!l C.~OTC'P MrClatch~ G ~ R ~ ~ B I C O Mehtyre Gillespie MeLane Gleeson MiI~no~-ivh c,ondmnn Miller. M. E. Green Miseevich Greenfield Mortii Grine Mullen. M. P FIalverson Musto Hnpkina Myen Tiutrhinson. A. O'Brien Hlltrhinson. W. O'Connell Ii?ris WDonnell Itkin O'Keefe Johnson. J . Ollver Katz Perrl Kelly. A. P. Perry Knlter Petrarca Kowalyshyn Pievsky LaMarca Pratt I,audadio Prenderpast Laughlln P~!e s Lederer Ravenstah1 Lehr Reed Iietterman R~nninger Iiin~oln Renwick T.ogne Richardson Lynch R i e ~ e r M?,iderino Rittcr

Gallen Geese7 Gfllette Grieco Hamilton. J. Hasny HaikeII Hayes. D. S. Hager. S E Hepford Hi11 Kelly, J. B. Kernick

. . .. - -- Menhorn Miller. M. E. Milliron Mochlmann Mrknnic Mullen

~ a n c a a s t Parker. H. S

Ross RUCelrro Ryan Saloom Schnit t Schweder Selrica Seltzer Shane Shelton Smith. E. Spencer Stapleton stout Taylor Toll vroon Wansacz Whelan Wiggins worrtlow Wrlght Yohn Zearfoss Zener Zwlkl

Shelhamer Shumsn Shupnlk Slnanni Smith. L. Qtahl Taddonlo Thomas Re l lo Turner Valleenti Wargo Weldner

Brandt Flnxnner B u m Butera Caputo Ce~sar - - >c,,,11, Cimint Cohen Cowell Crawford Climherlend UeMedio neverter ~ " W P C S ~ Dlcarlo ElDonato vietz ?omhrowskl D O r r ,>"YIP Dumas Erkenshergw Fnglehart Paween Fee Foster. A. Foster. W. Frpind Gallagher Gallen

Abraham DRVleS Ureibelbfd FIscher Fisher Flahertg ?,'Ye,

Cole Dtnimi Glesson Hammock

Grieco M O ~ S siriannr Grlng Mullen. M. P. Smlth. E. FTalvemon M u ~ t o Smith. I. Hamilton. J. A. Myers Spencer Aasay Noye Stahl ITayea. D. S. O'Rrlen Stapleton l i a p e ~ . S. E. WConnell Stout ~ T P D I O T ~ O'Donnell Taddonlo Xlll O'Keefe Tevlor Hopkins Oliver Thnmaa liutrhinsnn. A. Pancoast Toll Arltehinson. W. Parker. H. S. Turner Imis P e r n Vroon Jtkln Perry Wansac, Johnson. J. Petrarra Wargo Ratz Ptevskp Weidner Rdly . A. P. Pitts Whelnn I l l . J. B. Pratt Wteglns Kiineaman Prendergsst Wilson Kolter Pylea Wllt, W. W. Kowalyshyn Rappaport Worrflow Kusse i!nrenstahl Wrlpht LaMares Reed Yohn LauOnNo Rennlnger Zeartons Lederer Renwlek Zeller Lchr nlchardson Zord 1.et teman R1egt.r Zwlkl Lev1 Ritter Lincoln Ross mneman. Logue Rugplero Speaker Lynch

Haskell Miller. M. E.. J r . Ssloom ICernick Moehlmann Shumsn Kt~ t l e r Mrkonlr Trella 1.aughlln Mullen Valleentl Manmlller Novak Westerherbi McGinnfs Pollte wllt R W

NOT VOTING-13

K n e ~ p e l Vst~"oski Willlsmr MeGraw Wagner Wojdak Rhades Welsh. T. P. Ynhnsr

LEGISLATIVE J O U R N A L H O U S E J u n e 29,

-- ~p~ -


Ordered, That the clerk return the same to the Senate with information that the House has passed the same with amendments in which the concurrence of the Senate ir requested.

Agreeable to order, The Ilouse proceeded to third consideration of Senate

kill No. 1219, printer's No. 1755, entitled:

An Act amending the a d of March 31, 1937 (P.L. 160 No. 4 3 ) , entitled "An act creating a commission to be known as the Pennsylvania Public Utility Commission . . . . ," further providing for the organization of the corn. mission.

On the question, Will the House agree to the hill 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


the sentence with appropriate emphasis, and you will see, if you listen, I beIieve, that this is not a power-plant siting bill. The language begins as follows on line 30, page 2:

The bureau-

that is, the bureau of conservation, economics and energy planning-

shall review all proposals for electric and gas public utility plant expansion and shall submit for consideration of the commission its findings on what impact, if any, the electric and gas public utility plant expansion will have on rates charged by the public utility.

So the finding is as to the impact of the plant expansion on rates, and rates are the legitimate roncern of the PUC. So my feeling is that the gentleman has simoly misread the passage. I would call for the passae of the bill.


The SPEAKER. The Chair recognizes the gentleman from Berks, Mr. Stahl.

Mr. STAHL. I supported all the hills in the Kury package except this one, The problem with this hill is that in Senate bill No. 1317 there is created a bureau of conservation. In Senate hill No. 1218 i t gives the power to the bureau of conservation to forecast energy needs and requirements. Now this is a good i?ea. if that is all they did. B I I ~ they must report to the PUC their findings on all proposals for electric and gas utility plant expansion.

this hill gives t h ~ m the power to do. I request a negative from Allegheny, Mr. Cowell. vote. 1 Mr. COWELL. Thank you, Mr. Speaker

from Berks, Mr. Stahl. Mr. STAHL. No, I do not believe I have misread the

passage. I have just read something into it that the gentleman may not see. I believe that when YOU build something, it is going to have an effect on rates, because you know as well as I that the utilities must go into the bond market to seek moneys for additional plant construction. So any construction, therefore, is going to have an impact

So what this bill does is to get at the problem On rates' through the back door by saying something about rates.

This is a very important issue for us to consider here tnday. Do we. as the legislature, give our power to decide the question of nuclear plants to the PUC, or do we, as they did in California, submit the question to the people? Do we give to a bureau within the PUC the power to say to a utility, no, you cannot build a plant? And what do we say to those people 10 years or 15 Years down the road when there is not enough electricity because some bureau in Harrisburg, not elected by the people, not even really controlled by the legislature, with no legislative input, decided upon its own that. no, we do not need a ncm plant? Do we let an unelected hureau of hureau- crais decide where plants arc going to be located? We, in effect, give them that power in this piece of legislation.

I do not think that is our intent in reforming the PUC. Certainly the PUC ought tn have a general knowledge of what the energy requirements of this state are, present 2nd hlture. But, in effect, to require that a hurcaucracy determine energy needs by in effect vetoing the constmc- tioo of plants. no, that is not what we want to do, I do not believe. And I do not believe that we want to allow them to decide the issue of nuclear plants, which I believe

~h~ SPEAKER. The Chair recognizes the gentleman frcm ~ ~ d i ~ ~ ~ , Mr. Shane.

M,. SHANE. There is a Biblical passage about our men dreaming dre?.ms and having visions, and I

guess as a middle-aged person, I have ceased doing that, but my own feeling is that all this bill does is to give the bureau the opportunity, the right, to make a finding about the impact of a plant expansion on rates.

Now, obviously, if Penelec or Pennsylvania Power and ~ i g h t builds a new plant, that will have an impact on rates. The cost of borrowing money today is a tremendoue c<~st. The cost of building a power plant today is a tremendous cost. Obviously, when a power company builds a new plant, that plant is going to have an impact on rates. So this is a legitimate area of investigation, and I think it is certainly legitimate for the bureau to reporl its findings.

So I repeat, this is not a power-plant siting bill, and I suggest that you not read something into the hill that is not there according to the plain meaning of the lan- guagc. I call again for an affirmative vote on the bill.

The SPEAKER. The Chair recognizes the gentlemar

The SPEAKER. The Chair recognizes the gentleman fl.oin Indiana, Mr. Shane.

Mr. SHANE. Mr. Speaker, I totally disagree with the gentleman on his reading of line 30 on page 2 and the first 5 lines on page 3. The PUC does not have the power to approve or disapprove power-plant siting. This is not a power-plant siting bill. I will read you the language of

I would simply concur with Mr. Shane in asking fol acceptance of this bill. Frankly, this bill has been arounc for quite some time. I t went through the Senate. I t wen1 through the House Consumer Protection Committee. Jus' as an aside, those of us who are working with the join' task force on the Public Utility Commission have taken ; quick look at it.

This certainly has been one of the least controversia

1976. LEGISLATIVE JOURNALHOUSE

hills in the entire Kury package. It simply provides to the PUC something which they have not had in the past. It provides them a tool to gather together some information which was sorely lacking in the past.

It is most appropriate. In fact, we would be negligent at this point to ignore this opportunity. I t is most appropriate to give them this particular tool today.

Thank you.

The SPEAKER. The Chair recognizes the gentleman from Chester. Mr. Vroon.

Morns Smlth. L. Mrkonfc Spencer Mullen. M. P. Stapleton Mullen Stout Must0 Taddonlo Myers Taylor Novak Thomas O'Brlen Toll O'Donnell Well0 O'Keefe Turner "liver valieenti

C a w t o H~Lverson

z,"t$lli Haskell Hayes. D. S .

Cowell Hayes. S . E. Cumberland Hrpford DrMedIo Hill Dpverter Hutchins0n.A. gzF Autchinson. W.

I N ~ S DlDonato Itkln Dletz Johnson. J. Dininn1 Katz

~~~~w~ K ~ S ~ I P ~ Rrelbelbls ~?! iv ,eman

Mr. VROON. Mr. Speaker, I rise to oppose this bill for a little different reason than my colleague, Mr. Stahl.

If you will notice, what this hill calls for is the creation of another bureau within a bureau. This particular commission will be assigned as i t reads here:

..... ~~

pcrri winsicz P e w Wargo PetrarCR Whelan P ~ P Y S ~ T W i c e l n ~

:EnsCberger F:nelehart

:;;her =isher F l a h e m Preina

~ ~-

Pratt Prendergsst Rappaport Ilnvenstahl Reed Renninper Renwick Rhodes

w i i ~ i a m s Wllson Wilt. R. W. Wilt.. W. W. Wri~lht Y0hO Ze~rfoss Zrllcr

George Giamrnam, GlUespie Glllette Gleeson Goodman Green Greenfield Grireo cnnr:

There is hereby established within the operating structure of the commission a bureau to he known as the Bureau of Conservation, Economics and Energy Planning which shall conduct studies and research all matters within the commission's jurisdiction and advise the commission of the results thereof in order to enable the commission to provide prospective regulation in the best interest of all parties concerned.

Now included in this is the study of various alternate Forms of energy production.

Now, Mr. Speaker, I want to make this particular comment about this thing. I t is quite all right if you want to vote for or against this hill, but you should know this: Everything that you vote for in this bill is going to cost money, and this cost is not going to be paid by the public utility industry; it is going to he paid by the public.

If you realize that already there is an extensive organ-

-~. - - ~ M C C I & ~ ~ Saloom MeCue Schmitt M e I n t l ~ e Schweder MeLane Sefrlca nlrbus Shane Menhorn Sbelhsmer Milanovieh Sheltqn N:IIPP. M. E. ShupMr McUiron SLriann% Miscevich Smith, E.

~ ~ . ~ ~ - - ~ ~~~ ~ z:leher 1.rv1 ~ iehararon zxvlkl Lincoln Rieser

Gallen rhgue Ritter ~inernsn. C : ~ W I R : M ; ~ , I ~ P I ~ O ROSS speaker

NAYS-31

Andemon. J. H. 7a';trr. A. Repen Moehlmann SchesRer Fo-frr, W. Noye seltzer

Rittle 'iarnilton. J. H. O'connell Shllrnan

2::; l ~ a s a y Pancoast Stahl linpklnr PRIXPP. H. S . Vroon

cirnlni iieilv. J. R. P I ~ ~ S weidner Cnwrord I<UEB~ PoUte Weqterbera :)nvles Lvnrh Pp1e.s Worrllow D m n ? r ~ t n n ~ s s n ~ v s t o ~ e Z O T ~ F e w e n

NOT VOTING-12

KP!!~, A P Mlilcr, M. E . Jr. Welsh. T. P. Clearon Icnenner L:ntynnskl Wojdsk 'rammock llrGrau wamer Vahner


Abraham Gallen Anderson. J . H. Garua Ar'thun G ~ e s e y Rvrber Geisler FiellomIrd (;ecrge Bennett ':ianimaren Reren (iiliespie RcPI,~ CIi11ette Rerlon Gleeson Rittle Goodman

~ i b " s scirica Alilanovlch Seltzer NUller. M. E. Shsne Miller, M. E.. J r Shelhamer

:ration set up within the utility industry to research var- /affirmative. ous new ways of producing energy, particularly in an I Ordered, That the clerk return the same to the Senate nstitute called the Electrical Production Research Insti- 1 with information that the House has passed the same :Ute out in California, which is supported on a large scale w~lhout amendment. 3y electric utility companies all over the nation-and this I s a big, powerful institution, and they are already en. / Agreeable to order, :aged on a very sophisticated scale in researching various The IIouse proceeded to third consideration of Senate i ~lternate forms of cncrgy-why should we pay for an-, bill No. 1223, printer's No. 1G51, entitled: >ther bureau within the Public Utility Commission to do ' An Act amending the act of March 31, 1937 (P.L. 160, .hat very same thing when this is already heing done and I No. 431, entitled "An act creating a commission to he ne are paying for that, too? known , ~ s the Pennsylvania Public Utility Commission; 1 . . . . , further providing for hearing and investigative

Now this is an economy speech, Mr. Speaker. I do n o t s procedures. hink we need this in addition to everything else that is ~ e i n g done in this area. Consequently, I urge a "no" vote In the bill.

On the question recurring.

On the question, Will the House agree to the hill on third consideration? Bill was agreed to.

The SPEAKER. This bill has been considered on three Shall the bill pass finally? different days and agreed to and is now on final passage.

Agreeable to the provision of the constitution, the yeas The question is, shall the bit11 pass finally?

~ n d nays were taken and were as follows:

YEAS-154

%braham Geereg Manmiller Rugglero \rthurs Gerrler McCall Rven

Agreeable to the provision of the Constitution, the yeas and nays will now he taken.

YEAS-192

5884 LEGISLATIVE

Bonetto Grcen Milliron Shel tnr Hradiry Greenfieid M ~ s r e ~ i c h Skuman Brand? Grlreo Moehlmann Shllpnik Hrunner r.?ine Morris C,ii.lunni B u m s Iialverson Mrkonic Smith. E. Duters !Inmilton. J. H. Mullen Smith. L. Caouto Hasay ivluilcn. M P. Spencer CFssar 1~:3%I<~li hlusto Stah] CinnriulB Iroyes. D. S. Myr;: Stapleton Clmlnl F I P w . S. E. No.,aR Stout Cohen tiepford Nos? Taddonio C~xwell 111!1 O'Rneii Taylor Crawford iiopklnr O'Connel! Thomas Viirnheriand i:,~tchinsnn. A . O ' D O ~ ~ ~ I : Toll navies ilotrkinson. W. oxeefe Trello 1)eMedle Irvi? OUver Turner ~brverter rtkir; ane eon-I VaUceriti Deweese .~c>hnson. J. Parker, H s vroon Dlrrr lo Katz Per r l Wan~a~z illllonato Knlls. A. P. Perry warso Dietz I . . B. ~ ~ ~ n a r ~ a Weidner Tlininnl ~ e r n i c k ~ i n v s k y Westerberg Pi,mbrouw!d Kistier P i t t ~ Whelsn I)OPP Klineaman Pollte WiFSins Iloyle I<cit?r I'rst, Williams

riou.alyshyn Prrndrrga.l Wilson l)rcibelbls PY'CI Wlit, R W iillmes %"ire

!"ci(ensberger i.aMarra ~ I ~ ~ v : ? D O ~ I Wilt. W W m ~ ! ~ h a r t I.audaNo I!a,.enstahl Worriluu l ~ a w c e t t I.nuqh1in RC.;.,~ WT!I:~< Fee 1 , r d r ~ e r R<.l;nlnecr Yohn ~ i s c h e r :>eh r ,lenwick Z P ~ T ~ O S P Pisher i o t t e rman Rhodes Zeiler Finheltg 1 ~ r i Rirhardson Zord

R ~ P I ~ P I Frbster. A. Iiincoln Zwik! Poster. W. I.oilue Ritter ~ r e ~ n d 1.vn.3 ROSS Fineman. Fryer Xanderlnu Ruggiero Speakrr ~ a i i a e h e r Manmiller

NAYS-1 Llenhorn

NOT VOTING-10

Cole Knepper 7+.:xwer Woldak Giesson I ~ I C G T ~ W W I I J ~ . T P Yahner Kammock I!,:tr.nuski



BILL ON SECOND CONSIDERATION Agreeable to order, The House proceeded to second consideration of Senate


An Act amending the act of June 14, 1961 (P.L. 324, No. 188), entitled "The Library Code," authorizing additional State aid.

On the question, Will the House agree to the bill on second consideration?

BILL RECOMMITTED

Mr. IRVIS moved that Senate bill No. 1189 be recommitted to the Committee an Appropriations.



Mr. IRVIS called up for concurrence in Senate amendments, from page 14 of today's calendar, House bill No. 1196, printer's No. 3420.

JOURNALHOUSE J u n e 29,

SENATE MESSAGE AMENDED HOUSE BILL

RETURNED FOR CONCURRENCE


HOUSE BILL NO. 1196

An Act amending the act of June 3, 1919 (P.L. 366, NO. 179), entitled "An act reorganizing the Department of Statc Police; . . . . ," providing a preference as to Penn- sylvania State Police examinations.

~ i t h the information that the Senate has passed the same with amendments in which the concurrence of the House of Representatives is requested.


Amend Title, page 1, line 11, by striking out after "providing" all the remainder of said line; line 12, by inserting at the beginning of the line "a"

Amend Section 1, page 2, line 14, by inserting after "list." the following: The preference granted by this subsection shall be available only to persons who are ineligible f o ~ . tile veterans' preference permitted by subsection (b).


Senate?


Mr. IRVIS. Mr. Speaker, I ask that the House do concur in the amendments inserted by the Senate to House bill No. 1196.


Senate?

Agreeable to the provisions of the constitution, the yeas and were taken and were as follows:

YEAS-191

Abraham Geesey MrClatchy n y m .lnrlcmon. J. E Geisler n c c u e Saiuom \ i i h u n ~ r o r e e ~ r ~ l n n i e s a ~ v a t o r e rlirher ~ i a m r n a r c o Mclntyre Si,heaff~c : i r i lornm Gillernle -.tc~;ne schmit t I:";',";tt ,:iilette Pileblls S r h w e d ~ ?

Giel.son :dinborn Scirirn i:irlin Guodman hlrlanov~ch seltzer nelson (Green .wilier. M. E. Shane R,ttlP Greenfield ~ i l l e r . M. E.. JI. shclhurnrr sradler Grieeo illi iron Shelton Urmdt Gting Mi~eevich Shumen nrtlnner >inlverson Morhlmatln Shupnik rioms i rami~ton. J. 8, ntorns s t n s n n i

Hasay ZIrkonic Srnitll. E. IIaskeiI mIail::n. M. P . Smith. I..

Crsaar iisyer. D. S. Mlillrn S p e n e ~ r Cinrriullt !~aves, S. E. Mizrto Stahl Crmlnl lfrpford ~ I Y L . I ~ S Stap!r:on Cohen r~ i i i ~ ~ . l a t s t m t Coael l !i<,pliina NOS' Taddonio Crawford i I ~ ~ t ~ h l i ~ ~ o n . A. O'Brirn Taylor 2;zmberland l!~:tci~inson. W. O'Cunnell Thomas Ddvies Ir i is ii ' l>onnrii Toll i l ~ ~ e c i t o ltliin r , ~ ~ . r r e Trello '3c~,erter .rohnsan. J. ~ i i v u r Turner. VeWeese Katr I'ancoast V u l i ~ ~ s ~ : ~ i ~ i2icarlo 1C~iIy. A. P. P" ',I kvi. H. S . Vroolr ',.Donato Kcily, J. B. P'rii U71nsacz Ilietz K-mlck Frrry Wergo ' , o r n b r o w s ~ :<idler ~ e t r n r e a weidner D o l l \..ngaman Pleusky %bir<trrhere noyle Woiter F ~ I ~ S Wheian

~ ( o w i l l y ~ h m Polite Wiggtns iiusse Prat l Williams

Eckeilsberger LaMsrca ~ r c n d c i g i i d wllaon

1976. LEGISLATIVE JOIJRNAL-HOUSE 5885

~ ~

c:,:zia

NAYS--0

NOT VOTING-12

Englehart Laudadlo e y l e s ~ 1 1 3 R 'U. Fnwcr.tt 1,auehlin Rappaport W'lt. W. W. Fee 1.06ercr f a ~ f n s t a ' 1 1 ~ o m l o u ~ F , ~ C ~ S T :.c!>r ~ e r d Wright r ,s t te~ 1.ett~rma11 Renningrr Yohn

Renwlck Zewfns? F l a h c m llrvl poster, A. !.incoin Rhodrs Zener Poster. W. Lo4ue Richardson Zord lreind 1.ymch Rieger z m k l Frve? *,18nderino Ritter Cullagher )?anmiller Fineman. Ross cniien ~ c c a i i RUgBien speak.,


YEAS-179


Mr. IRVIS. Mr. Speaker, I ask that the House do concur in amendments inserted by the Senate to House hill NO. 1601.


Senate?

. . 'Garher

The majority required by the constitution having voted i i e ~ i ~ ~ ~ d

in the affirmative, the question was determined in the ]z:zT affirmative and thc amendments were concurred in. lirrlb

Ordered, That the clerk inform the Senate accordingly. m s o n Hittlr

,r ,ndt CONCURRENCE IN SENATE 6 runner

AMENDMENTS TO HOUSE BILL No. 1601 :;;;"a I " -

1 richer with the information that the Senate has passed the same vnster. A. with amendments in which the concurrence of the House zzz w. of Representatives is requested. myer

r;allaeher

MI.. IRVIS called up for concurrence in Senate amend- mcnts, from page 14 of today's calendar, House bill No. 1601, printer's No. 3508.

SENATE MESSAGE

AMENDED HOUSE BILL RETURNED FORCONCURRENCE


HOUSE BILL No. 1601

An Act making appropriations to the Department of Knvironmental Resources for the payment of the Corn- monwealth's sharc of expenses and charges in connection with utilities, expansions and construction by municipalities or municipal authorities and extensions to State institutions and for a construction project at the Ben- jamin Rush State Park.

'I~PPSO" Cnndman Cree" ' : ~ ~ ~ ~ n f l e l d rr7ieco Grins Iri,lselsm Unrnilton. J . H. FTasav TTaskell H a v ~ r . D. S . H-ye#. S. E. 'fenford Hill i I o ~ k i n r Hut~hinson. W. 1,'v.s ltkin lohnson. J. Katz iC"ll~, A. P. Kelly. J. B. I:lbt!er "!-7*amm Kolter Yi:walyrhyn K l l i ~ " : -."??*a T..?,,,1P,iiD I .;,,,gn1in 1.eiierer Lehr 1,etterrnan 1.evi l.incnln

z:F:2 r : ~ a ~ ~ i ~ l u

Ciminl rohen "owell ::rawford ~ a > m b e r l m d rlavies "rMedlo ,"'YPrter

UeWeese vicarlo '':Donato l ip tr o'ninnl irlmbroanLI """

~ ~ ~ ~ ~ e l b u ,:,,,,, l.lu~ehart ~ - - , ~ , . ~ t t ~ e e *i%her

Meohom Milsnovirh Miller, x, E Miller. M. F.. Jr

Olivrr P<incoa::i. Parker. H. S Perri Perrv P r t l ? r e ~ P i t t ~ Polite Prntt Pr~ndrrEYSt 1 ~ ~ 1 ~ 4 R;n~aport Ravenstah1 Reed Rcnninger Rlloder Richardson Rieqer Ritter ROSS Ruggie~o Ryan

Sslonm SalvBtOrr Srheafrer Sehmin Srhaedr.r Sciriea Seltzer Silane Shelhsmrr Shelton Shupnlk Sirlanni smith. E. Smith. L. Spenccr Stah1 Stnplrlon stout Taddonio Taylor Thomas Toll Trello Tlirner vn1icenti

westirl3erg wl,e!az W i ~ c i n s Williams Wi!."l Wilt. R. W . Wilt. W. W won'i1ow Wrrei~t Yohn

I . ~

The clerk read the following amendments made by the NAYS-I1 Senate:

Will the-House concur in the amendments made by the i - the Transportation Commission to the ;enate? I

2 1965 study of the Automotive Safety Foundation.

Amend Title, page 1, line 5, by inserting after "institutions" the following: "and for a construction project a t the Benjamin Rush State Park!'

Amend Bill, page 1, by inserting after line 15 the fol- bwlng:

Section 2. The following amounts are appropriated to .hc Department of Environmental Resources for the con- itruction of buildings, landscaping, parking facilities and ~ t h e r misrellancous itcms at Benjamin Rush State Park:

........................................ Benjamin Rush House $160,000 Parking ........................................................................ 29,000 Landscaping ....................... .. ...... .. ........................... ;$::: Visitors Center ...................................................... Miscellaneous ........................................................ 65,000 Amend Bill, page 2, line 5, by striking out after "Sec-

ion" the number "2." and inserting "3." and by striking jut after "effect" all the remainder of said line and in- ertjng "immediately."

Eskensberger Kernick Mrkonie Shumsn r l s h e m MrCue Noye Zrllrr George '.rl\rcevich Renwlek

NOT VOTING-13

Hutchinson. A. Pirvsky Walsh. T . P. :,"En' Knepper I . r t~nos!d Wojdak ,;I,.,, 3IrGraw I'iamer Yshner ~ a r n m ~ ~ k

The majority required by the constitution having voted in the affirmative, the question was determined in the affirmative and the amendments were concurred in.

Ordered, That the ?Ierk inform the

HOUSE RESOLUTION No. 242 ADOPTED Mr. TRVIS called up HOUSE RESOI.UTION No. 242,

On the question. i winter's No. 3112. entitled:


. ~

On the question,. Will the House adopt the resolution?

The SPEAKER. The Chair recognizes i h ~ majority leader.

Mr. TRVIS. Mr. Speaker, I ask that the House do adopt FIousc resolution No. 242, printer's No. 3112.

On the question, Will the House adopt the resolution?


Mr. IRVIS. Mr. Speaker, I ask that the House do adopt Senate resolution Serial No. 238.



A hrahm A n r l e m . J. H Arthurs Rarber Rennett R-ren Merlin BellSon Blttle Ro-letto Bradlcy Rrandt nrunner

Agreeable to the provisions of the constitution, the ycas and nays were taken and W F ~ C . as follows:

Burns Butere Cawto ressm ClaneiUlU ClmM C o h a Cowell Crawlord Cmmberland L7a.rie-a DeMedlo n r v e r t a DrWeese 1)lcarlo nlnonato nletz nlnmnf

Agreeable to the provisions of the constitution, the and nays were talcen and were as follows:

YEAS-191

1,oyle nrelbelhls Dumas Eckensbe- Fnglehart Fawcett Fee Flseher Ylsher F l s h e m Foster. A. )'o*er. W "rpind Prver

Gallen Garzia Goespy Geisler ocorgo ClammaToo Giile~pio Cillette

Rsigmero Ryan SalWrn Salvatore SrhPaffer Schmitt SchU.tdr.r

':lecsoo "irenhorn Seltzer r.rxvlman wilano..ich Sham CI~een ill^^. M. E., jr. Shelb;>n*-r Greenfield hTl!liron Shrltan Grieeo Misrnrich Stiurnan Cring h ~ n r ~ l r n a n ~ Sliupnik I7.lversm Mor?'s cillanni Hamilton. J. 8. Mrl~onir Smith. E. Hassy h~illlcn Smtth. L. Elaskell ~ T I I I I P ~ , M. P. Spencer Flayes. D. S. Musto Stahl Hayes. S. E. wyem Stnplcton !repford Novak Stolit 13iil Nnve Taddonio Hopkins n.ririen Taylo- Flldehinson, A. WConnell Thclma~ llutchinson. W. O'Donnell Toll Irvis O'Keefe Vrelin ~-~

Idkin Oliver ,,. , l i ~ r ~ r r Johnson. J . Pnncoast \Tali<-mti Katz Parker. H. S. V r ~ o ? Keliy, A. P. P e r ! i Y e n ? r e ~ Kelly, 3. B. Perrv Wnrm Kerniek P e t r l ~ ~ a Reidner i:istlcr P i r i ~ k y T>."t s3erhev~ iCl?r.pamnn Pltts V h r l n n IColter Po!itr Wiggins !;o\.,aly.hyn prntt 'N!lson t i lssc Prm<Ib~.~nst Wllt. R. U'. l.ilWalc. PI.~"s Wilt. W. W Imudadio P.ii>p~port Wol-rilow r.auphlin Ilavenstahl Wr i~ l i t !."ci~lel. Herd Yohn T.ehr Re!inineer Zr:a~turs ! . ~ t i l ~ o l a n Rrnwirk Zrll-r 1,evi Rhodes Zorll 1.incoIn Rirl>urdron Zu,ilrl I1ogl1e RlcSer Lynch Ritter Flnemsn.

I Abrahnm Gallagher Manderino nnder~on. J. R. Gallen liFmmillcr ~ r t h u m Garzia nlccau Barber Geesey McClatehy BellomllU Geisler McCue Hennett George n ~ e ~ i n n i s Ueren Giammarco MrIntyre Ber lh Gillesple AIcLane Bcrson Gillette Mebus Bittle Gleeson Men horn Bonetto Goodman Milanovi~h Bradley Green Miller. M. E. ~Zrilndt Greenfield Miller. M. E.. Jr. Rrunner ~ n e c o ~ j l l i r o n Bums Gring Miseevieh Hutera IIalverson Moehlmann Caputo linmilton, J. H. hforrir

' Cessar Hasay 7.lrkanic CianeiulU Ha~lrell Mullen. M. P. Cirnini Eayrs. 3. S. Mullrbl Cohen Hayes. S. E. Musto Cawell H r ~ f o r d Myem Crawford Nil1 Novak

DeWeese ~ t k i n ~ l i i e f e Dfcarlo Johnson. J. Oliver DiDonato Katz Pancoast Dietz Kelly. A. P. Parker. H. S. 3ininni Kelly, J. B. Perri ! ) o m b r ~ - ~ l d Kcmick ~ c r r v ~ ~ - "

Petrare* Pievsky Pitts Polite Pratt PrmderCast P ~ l e s

LaughUn Rappaport Lederer Havenstahl

poster. -A. LC;,] i?~nwlck Vosf~fr. W. Lincoln 3hud-a Freind 1.ogue Hichards~n Fryer Lynch Rieger

Rittel Ross Ruggiero Ryan Saloom SaIvatore Scheaffer Schmitt Schweder sciricn Seltzer Shane Silclhamer Shelton Shuman Shupnik Slrianrti Smith. E. Smith, L. Spencer Stahl Stapleton stout Taddanio Taylor Thomas ToU Treilo Turner Valiecnti Vroon Wansacz Warao Weidner Wlieliin wiggins Williams Wiison Wilt. R. W. Wilt, W. W Worriiow Wrrght Yohn Zrarfoss ZeIIer Zor 4 ZWW

Mr. IRVIS called up SENATE RESOLUTION Serial Azreeahle to order, No. 238, entitled: The House proceeded to the consideration on final pas- / sac of Senate bill No. 21, printer's No. 2096, entitled:

Directing a Joint State Government Commission Task Force to study issue of power plant and energy park i An Act amending the act of April 9, 1929 (P. L. 177 siting. No. 175), entitled "The Administrative Code of 1929,'

Gallagher Manderillo ROSE Sp9aki.r.

N A Y S 4

NOT VOTING-13

Bellomlnl X n r p p e ~ 1741m01ll~i Wfliiams Urofr!nk Cole McGI-a- Waynpr

Gleeson I H E . Welsh. T. I ' Yshnrr Hammock

So the question was determined in the affirmative, and thc resolution was adopted.

SENATE RESOLUTION No. 238 ADOPTED

NAYS-0

NOT VOTING-12

Cole 3lcGraW XIalsh. T. P. Yahner r . I cn~~n listynoski Westerberg Harnmoek Wdgner Wojdek fieman. ikepper Speaker

So the question was determined in the affirmative, and the resolution was adopted.

STATE GOVERNMENT BILL ON FINAL PASSAGE


, , , . ,, , A , Amend Sec. 2 (Sec. 207.1), page 2, lines 27 thro?gh 30,

RE'CONSTDERATION OF VOTE ON page 3, lines 1 through 16 by striking out all of sald llnes SENATE BILL No. 21 Amend Sec. 2 (Sec. 207.11, page 4, by inserting between

changing the confirmation rerjuirements for certain gubernatorial appointments and transferring thc lili,ga- lion unit nE the Department of Environmmtal Res3?1rr:-s lo t h ~ Department of Justicr.

Thr SPPAREIl. This bill has been considc,red on three d i f f ~ r ~ n t days and agreed to and is now on fine! paqsagc.

The ruestion is. Shall the hill p a s finally?

Will the House agree to the hill as amended on tbird consideration?

Mr. PRATT requested and obtained unanimous consent to offer the following amendments, which were read:

Amend Sec. 2 (Sec. 207.1), page 2, line 24 by striking n,,t "I,\"

I The SPEAKER. The Chair recognizes the gentleman ' the

from Westmoreland, Mr. Laudadio. ( Will the iiouse agrsr to the amendments? Mr. LAUDADIO. Mr. Sneaker. I iust wanted to offer I

MI.. J.AUDADIO moved that the vote by whirh SENATE BILL No. 21, printer's No. 2096, as amended, was agreed to v11 t l~i rd cnnsidrration 011 U7ednesda.y. Junc 23. !;17G. hi, rernnsiderzd.

Mr. PRATT seconded ibe motion.

On the queslion, ,:,., 1 1 the House agrec l o the motion? RZn!icn wns agreed to.

Oil the o,lr.;t:nn rrci~rring. !he Holisr n,;rer to the hill as amended nn third

vonsi<ir.mtion?

RECONSIDERATION OF VOTE ON LRUDAD!O .\NZNDMENTS TO SEN.4TE BILL No. 21

. " ~ ~~~ ~ ~ .- -- I a few comments and inform the House that Mr. Man- ( ~ , h , SPEAKER. The Chair recognizes the gentleman

3erino and I had met with the Attorney General, Bob I from Lawrence. Mr. Pratt.

lincs 2 and 3: (2, Those members which he is autllori?,ed to appoint

t o the Board of Pardons, the Board of Probation and Parole: the Milk Marketing Board, the Pennsylvania F k h Commis!:ion, the Pennsylvania Game Commission, the J'ennsylvania Liquor Control Boerd, the Pennsylvania Public Utility Commissinn. the Pennsylvania Turnpike Commisci?n. the State Civil Service Commissi~n. the State Horse Racing Commi:sion, the S!atc Harness R;.cing Com- mis~ion. the Bcrard of Arhitration of Claims, the Penn- sylvania Srci~rities Commission, the Pennsylvania In- dustrial Development Authority, the State, Boafd o f Ed- ~lrntirn. t h ~ Roard of Stat? Col le~e and Umversity Direc- tors, th? Bnard of Trustees of Pennsylvlnin S'.ate Univer- ~.i ty. thc Bwrrl of Trii-.t,ccs of the University of Pittsburgh. the R-ard of Trustees of Temple University, the Bnard of Trilstees ci Lincoln University, the Environmmta! Hear- i n g ~ ~ ~ ~ d , pPnnsylvania Crime Commission, the

I t!le Pmnsylvanl; 1,abor Relations Board, the industrial


1 '3pard, the Unemployment Campcnsation Board of Re- MI'. L,\UDADIO mos.ed that the vote by whish hi.< i r,p.zr, the \\lorlimrn's Coznpensation Appeals Board, the

amendments tn SENATE BILL No. 21 were agreed to I.n I S'ztc Art C~:mmissinn, thc State Ln:tery Commission, the Wrdnesday, June 23, 1876, be rcsonsidrred. -?<I the Pennsylvania

Mr. PRATT seconded the motion. A m e ~ d Sec. 2 (Scc 207.1). page 4. !ine 3 by striking

Kane. this morning. has admitted that he ha- not M,, PRATT. mr. speaker, on page 3 of the bill, under Ziven personal supervision to the strike force attorneys 2, it lifts the Board of Pardons, the Board of n the Department of ~nvironmental Resources. He wants ' prohation and parole, et cetera, et cetera, that now re-

On the question recurring,

On tile qucstion, 1Vil: the Hous- agree to the motion?

% look into the matter personally and suggested that the 2ommittee on Conservation conduct hearings this sum- ner and that he would like to participate and define the ,roblems.

stiiurion has the right to nominate certain individuals to these various cabinet positions and hoards and commissions. I do not believe it is the Senate's prerogative, by using the two-thirds majority vote, to dictate to the ex-

lccutive branch of government who shall and who shall

out "(2)" and incerting: (3) &mend Srr. 2 (Src. 207.1). page 4. line R by striking

c~i t "(3)" and insertin:: ( 4 )

rluire two-thirds confirmation by the senate. M~ amend. merit would place these agencies under the

eonfirmation requirement, ln other words, illr. Speaker, it would only provide that judges, elected of-

h l . ! ; : , n mas agreed to. Amcnd Src. 2 (Scc. 207.1). page 5, linr 11 by striking On t!ie quest:on rrcurring, lo!;! ' '(4))" 2-4 inc'prting: (5)

V?i!! :hr Bousc aqree to the amendments? Amend Scc. 2 (Sec. 207.1), page 5, linc 14 by striking out "(5)" and inser1.ing: ( 6 )

I want to take this occasion to thank all of You for SUP- ficials, et cetera, would be recluired to be confirmed by mrting the amendments and I am in no way letting you / two-thirds of the Senate. iown at this time. The thing is, I would like to point out hat w e can start the hearings immediately upon the / The reason for my amendment is simple. If you re-

call about a year ago, Governor Shapp attempted to nom- ummer recess and we will report hack to you in the !nlte and get confirmed several individuals to the Public all. There is much going to be brought out into the open Utility Commission. To make a long story short, what In the problems that are facing DER today and the people I was happening was, t l ~ e Senate was dictating to the ex- ~f Pennsylvania. Again, thanks for your consideration. ecutive branch of government who shall he appointed to

The ~ M K E R . Does the gentleman wish to withdraw thpse various commissions and hoards, I believe, lis amendments? S:j:,akrr, that this is a violation of the separation of pow-

Mr. LAUDADIO. Yes. I so move. cars. The executive branch of government under the con-


not be nominated and appointed to these partjcular ex- 1 Amend Sec 8, page 10, line 28 by inserting after 1"(1)"]: . - ecutive posts.

Furthermore, Mr. Speaker, this amendment would bring Senate bill No. 21 in line with the Federal Government. The United States Senate merely requires a majority vote.

For these reasons, Mr. Speaker, I request an affirmative vote on the amendment.

Abraham Barbdr BellominI Benneti Berlin Brrron Bonetto Bradley Rrunner Burns

(1) Amend Sec. 8, page 11, by inserting after line 7: (2)

once a nominee ban heen ooted upon and not the G~~~~~~~ may not thereafter renominate such person to the same pasitinn or to a position on the same board. agency, ct~mmission or authority. Nothing in this section shall pre:!ude the Senate from reconsidering a nomination in accorc,3nce with the Rules of the senat",

On the auestion. On the question recurring, Will the House agree on the amendments?

The yeas and nays were required by Messrs. PRATT and MANDERINO and were as follows:

Ceputo CianciuIu Cohen Cowell DeMedlo DeWeese Dicarlo DlDonsto Domhrowsld Doyle Drelbelhls

Will t h e ' ~ o u s e agree to the amendments?

The SPEAKER. The Chair recognizes the gentleman from L ~ ~ ~ ~ ~ ~ , M ~ . o'conneil.

Mr. O'CONNELL. Mr. Speaker, this amendment rein-

~- -

Dumas Eckensherger Englehert Fee Flaherty Foster, A. Fryer

Anderson. S. Arthum Beren Bittle Brandt nutera Cessar Cirnini CraMord Cumberland Davles Deverter Dtetz Dinlnm Durn Fawcett Flscher Fisher Fnstel. W. Freind Gallen Geesey

Gallegher Mdlall Rleger Garae McIntyre Rltter Gelsler McI.ane ROSS George Menhorn Ruggierm Glarnmarco Mllsnovich Saloom Gillespfe Mliliron Schmltt Gillette Mibeevtch Schweder Gleeson g orris Snane Goodman ~ r k o n i r Shelhaoier Green Mullen Shupntk Creenfleld Mullen, M. P. Stapleton aalverson Must0 Stout Hapktns Myers Taxlor Hutchinson. A. Novak Toll h i s ~ ' B r i e n TreUo Itkin WDonneIl Vslleentl Johnson. J. O'Ku~fe W B n s ~ c z Kelly, A. P. Ollver Wargo Kernlck Perry Wiggins Kolter P ~ . t r a ~ ~ a Williams Kowalyshyn Pievsky Wilson Laudadlo m a t t Wright I.aughlin Prmdergast ZeUer Letterman Pnvenstehl Zwlkl Lincoln Reed Logue Renwlck Finernan, Manderfno Rhodes Spe;ii\r

R. Griecn (:ring Hamilton. J. N

m i l ! Hutchinson. W.

Katr I<ellv. J. B. Kistler Kllngaman Kusse LaMarca Lcderer Lehr LPYl Lynch iulanmlller

M c ~ i n n i r Mebus Miller. M E. Miller. M. E.. Jr. Moehlmann Noye O'Conncli Pancoaat Parker. H. S. Perrf

Rappallort Rennlnger Rlchardron Ryan Salva to~e Scheaffpr

NOT VOTING-I1

sciriea Seltzer Shelton Shuman Sirland Smith. E. Smith. L. Spencer Taddonlo Tllornai Turner Vroon Weidner wester her^ Whelan Wilt. R 1V Wilt. W W Wo"llo,u- Yohn Zeariors Zord

states the language on page 11 that has been deleted. It provides that once the nominee has been voted on and not confirmed, the Governor may not thereafter renominate that person. But this will not do anything to offend the Senate rules.

The SPEAKER. The Chair recognizes the gentleman from Westmoreland, Mr. Manderino.

Mr. MANDERINO. Mr. Speaker, the effect of the O'Connell amendment is to delete a section of the amendment that I proposed to Senate bill No. 21. I rise in opposition to the amendment. I think the matter of whether or not a name can be submitted for the second time to the Senate is a matter that is going to be controlled by the practical and political exigencies that exist at that time.

For instance, just at this point the Senate is going t o have submitted again a name and be revoked on a judge in Allegheny County. I think the fact that a person has been denjed confirmation by the Senate once should not preclude the Governor, if the views of the senator are ?hanged or if in fact it were a close vote when members were ahsent, I do not think he should be precluded from

I submitting the name again. I ask for a negative vote on the O'Connell amendment.


The yeas and nays were required by Messrs. O'CON- NELL and MANDERINO and were as follows:

1 Anderson. I. H. neren Bittle Brandt B u m Butere

Geespy Grieco Gdng Halverson :1ami1ton. J. %say H~skel l Hayes. D. S . Heyes. S. E. Ilcpford >:I11 H:~pktnS Hutchinsm.

M e b u ~ Miller, M. E. Mtller. M. E.. Jr.

O'Conneli Paneoaat Parker. H S Perrl

Seltzer Sirianni Srnlth. E smfth L Spenrer Stahl Taddonlo Thomas Turner Vroon Weiriner Westrrbt.rg Whrlnn


Cole Knepper Ustynobk~ Woidak Gleneon MCGIBW Wagner Yahner Hammock Stahl Walsh. T. P


11ininnJ Kstz Pitts Wllson no- I 7 . B. Polite Wllt, R W Fawrett Ktslier Pyles Wilt. W W Fischer ~( l ingarn~n Rcnningrr Worrlloa Fiche? Kurse Ryan Wright Foster,A, Lehr salvstore Yohn Poster. w. Lev1 Srhenffer Zesrfors Freind T.yneh Scirlar Zord

consideration? Mr. O'CONNELL requested and obtained unanimous


Ab~ahnm Garae MeLane Rieger Gelzlcr Menhorn Ritter

Ez;F;M Georer ~ ~ ~ n ~ m a ~ e o Milliron nuggtrro F.liilanovlch Ro%.

Bennett Gilleipie Mlscevlch ssloonb

\ - 1 tavwcen Amend Seo. 7, page 11, by inserting after line 7: T<nryper ~ t i c ~ n o s k i wojdak

12) The provisions of section 1901-A.l added by this G'rason McGraw Wagner Yahner

aal shall be applied retroactively. So the question was determined in the affirmative and


~ e r l l n Gillattr . ~ u r r i s schmltt Berson iiletson Mrkonic schwedcr Uonetto ( i o o m a n Mullen, M. P. snanc 13radlep (ireen Mui1e:i snalha~iler B r u m v Greenfield Must" Shsbon Caputo 1Iutchimon. A. Myers Shumari ~ l~ tnc iu l i l Ir;lu Nuvak Shupruk Coilen itkin U'Bnen staplerun CnwcU .70h12aon. J. 0'noi1neI1 Stout DeMedi-3 ~ e 1 I y . A. P. OKeefe 1‘1lylor IleWeese Kcrnick vllver Toll 1)lrsrlo Koltrr Perry Treilo UiDonato ~towalyshyn Prrrvrca v~ l l cen t i Uumbrowekl !,.,l"inrea Picvsky wansacz lruyle ! .sudadio Pratt ~ a r g r l :.I ribelbls Lailylilin Prendergast Wigsins Utlmas ~ e d e r e r Happapml Williams 1;ckensberger 1,ctterman ILavenstahl zcller EnglehBlt ~ ~ n e o l n Reed zwlkl Fee ~vltue Hmwiek

Fineman, Flaherty !\landerin0 Rhodea Y'r)jer ~!cCall IXlmurdsurr Speahei ~..rliagbcr McIntyrr

NOT VOTING-10

Cole ~ n e ~ ~ l e r Wagner Wojdak i:lcason hlcGra\v Wairh,P. P. Yabllel llammock ussynoski



innsideration? Mr. SHELHAMER requested and obtained unanimous


Ameud Title, page 1, line 21 by inselting after "appointments": , exempting the production of agricultural commodities in their unmanufactured state from rules of the Drpar'tment of Environmental Resources

Amend Sec. 4, page 8, line 29 by striking out "A SEC-, TiON" and inserting: sections

Amend Bill, page 9, by inserting between lines 3 and 4: Section 1901-A.1. Agricultural Regulations Prohibited.-

Ti le Department of Environmental Resources shall not have lkle power nor the authority to adopt rules and regulations relating to air contaminants and alr pollution arising from the production of agricultural commodities ill their unmanufactured state but this prohibition shall r,ot include the use of materials produced or manufactured off the premises of the farm operation.

Amend Sec. 7, page 10, line 28 by inserting after C"(l)"]: i l i

- , . Mr. Speaker, the amendments that I offer at this time

ire those signcd by myself and Mr. Anderson from York. I'!iey deal with the rule and regulation under the Admin- slrative Code which would prohibit the Department of Gnvironmental Resources from moving in this area of .eg~:lations on agricultural issues. For instance, just re- ,cntly wc found out that rules a d regulations were >romulgated prohibiting and making a farmer subject o arresl for dust. We feel that this is a misuse of the uthurity in that deuarlment and we would repeal those .ules and regulations. We ask for an affirmative vote.

The yeas and nays were required by Messrs. SHEL- IIAMER and ITKIN and were as follows:

YEAS-186

A braham Garzia >lcCiatclly Saloom .'in:ierson. J. H. cieesey lilccue Salvatore i r t hum Geisler McGlnnts S c h e a e r Barber George McIntyre Schmltt t l e l l o m ~ <i~;~.nnraico &%=Lane Schweder liennett Glllespie Mebus Scitiea U. ren Gillrtte M I I ~ I I O Y I C ~ seltzer !It.rlin c Iccson NLLLLPC. M. E. Shanc ddrson Goodman Miller. M. E.. Jr. Shclhanlrr Bittle Green 1Milliron Shelton .:"netto tjreenfield !Y~ISCDIICII Shuman iiradley Grieco liloehlmann Shupmk lircmdt Gring .Vorr~$ Siriannl l i t rlnner Hnlverson Mrkunle Smith, E. I I u m !idmllton. J . R. Mullen. M. P. Smith, I.. t3L>Lera Hasay !Lluilrll Spenecr Ccssar flaskell Mmto Stahl (lianciulu iiilyes. D. S. NIyers stapleton clrnmi i i i y e ~ , S. E. h-ovilk Stout Colien liepford N o ~ r Taddonlo Cnwell tiill WBrien Taylor i:?:2~ford iiopklm VConnrll Thomas i 'm~bar land i:utchmson. A. O'Uonnell ToU -)itvlea riuidr,nson. W. O'Keefe Trello 1zMedio ~ r i l s Oliver Turner >i've,*er Jolnlson. J. Pancoast Valieentl UeWeese K ; ~ t r Parker. H. S. vroon ilrcarlo ~ ~ ! i y , A. P. Perri Waavaez I J ~ D U ~ R ~ O tie:!y. J. B. I'emy wargo XetZ ~<rrnick Petrarca Weidner Oininnl 1i:stler I' levs~y Westerberg ~>~,n)hrows!d 1k:lngaman i'ltts Whelm 1;orr ?;utter Polite Wiggins

' ' ~ ~ ~ ~ e l b l u nuwaiyshynl Pratt Williams msse Preildergast wtlsoll

Uurnas ~ a u c a d i o Pyles Wilt. X. W. r:ckcnsberger ~ . ~ u g h l m n a p ~ a p o r t Wilt, w. W. r . , , g ~ e h e ~ e d e r e r itailenstah1 Worrilow

Lchr Herd wfight i.':scher Lette1,rnan Hcnnznger Yohn P:aheRr ~ r v l i<e~lw~ck Zemfoss

~ : ~ ~ ~ ~ : $, Llncoin IIhudes Zeller Lome ~ l ~ c h a n i ~ ~ ~ z zord

I Freind Lynch Hitter *,,,, zwlkl :.:andenno n o s

Gallapher i lan~ntl ler nt8gglc~0 h e m a n . ti;,!lm MrCall Hyan Speaker

NAYS-5 C,,t, Ilkin LaMarca ~ . i ~ ~ ~ ~

Menhorn

NOT VOTING-12

Cole Hammock Rieser Walsh. T. P .

On the question, Wlll the House agree to the amendments?

The SPEAKER. ~ 1 , ~ chair recognizes the gentleman 'rom Columbia, Mr. Shelhamer.

1Kr. SHELHAMER. Thank vuu. Mr. Sneaker.

On the question recurring, Will the Houqe agree to the amendments?

the amendments were agreed to.


consideration? Bit1 as amended was agreed to.



Tbe SPEAKFR. The Chair recognizes the gentleman from Butler, Mr. Arthurs.

Xlr. ARTHURS. Mr. Speaker, I am not going to prolong this, but I am just going to say that this is what I have talked against on previous bills and I am completely against the simple majority. I would ask for a negative vat? on the bill.

/ On the question recurring, 1 Shall the bill pass finally?


Agreeable to the provision of the constitution, the yeas RECONSIDERATION OF VOTE ON and nays were taken and were as Iollows: HOUSE BILL No. 1590

Abranam Andrrwn. J. H. Barber Uellomlnl Bennett Uercn Berson Burlen9 Bradley rimer Burns

Cohen Cowell DeMedlo UeWee- D~carla DiDonsto r)ombrow& Dorr Doyle Dreibelbb Dumas Xckn,sbrrgar Eneiehart Fee Fiaherty Fmter. A. P'oste4 W. m y e r Gallagher Cards

Itkin J uhllson, J . l<elly. A. P. Serniek li!ineaman iColzer 1CownIyshyn ~.audadlo Laughlln Lehr LeliCrLnan Lii~culn 1.0gue Lynch lilarlderinu McCaU Mc:CLatChy

&,orns Mrkonic hIu1lrli IvIuilen, bl. 1'. MilEtO Myers NU"& No ye V'Brien O'Connell V'Dunneli O'Keefr vuver PBnCOQSt Perry Pelrarca Plevsky PittS m a t t Prendeleast Pyies Haiellhta!ll Reed

Ross Rupglem S a l P s t o l ~ SEhrmtt S&.veder SCIPIC~ Shane Shelhnmrr bheltu:~ Shupmk Spencer StaDleton stout Taylor Thomas Toll Trello VelieenlJ Wamaci Wargo m e l a " w1gzinS Williams WIIson Wilt, W W wor,'i.Tlbw Wnght Zearfors Zeller Zwtkl

Flneman. Speake

Mr. CAPUTO moved that the vote by which HOUSE BILL No. 1590, printer's No. 2391, as amended. was agreed i : ~ on third consideration be reconsidered.

Xr. FRYER seconded the motion.


I On the question recurring. Will the House agree to the bill as amended on third

(consideration? Mr. CAPUTO reuuested and obtained unanimous con-

sent to offer the following amendments, which were read:

Amend Sec. 1, page 1, line 18, by striking out "1" and inserting: 2

Amend Sec. 2, page 3, line 12, by striking out "2" and inserting: 3

Amend Sec. 3. Daze 3. line 13. by striking out "3" and . A - . . . -

inserting: 4 Amend Sec. 3 (Sec. 4.1), page 6, line 5, by striking out

"and (i)" and inserting: , (f) and (g) .4mcnd Sec. 3 (Sec. 4.1), page 7, llne 12, by striking out

'subsection (h)" and inserting: subsections (g) or (h! Amend Sec. 3 (Sec. 4.1), page 7, llne 13, by lnsertlng

alter "involving": or a contract with Amend Sec. 4. Daze 11. line 16. by striking out "4" and

I . - - .

inserting: 5 Amend Sec. 5, page 11, line 17, by striking out "5" and

inserting: 6 Arthurs Freind Lev1 Selrcaffcr Blttle Gallen ~ a n m i u e r Seltzer Brandt Grmg M~GIllnlr Shuman

Flalvrrsun McIntyrc Sinanni Butera Crwcar Haslcell ~ 1 l i c r . M . E . . SF. Smith. L. c l m m ~ o y e s . D. S. nluehlmann Stahl Crawford Hepford Parker, H. S . Taddonio Cumberland Hi11 Perrl Turner Davlea Hutchlnson. W. route Vroon Deverter Katz Happaport Weidnrr

Kistler Rrnnlngcr Westerbere Dletz D i n i m Kusse Rleger Wilt. R. W Faweett 1.aRlarca llyan Yohn

Saloarn Flscher Lcderer Zord P+c,....

The SPEAKER. This bill has been considered on three On the question recurring, different days and agreed to and is now on final passage. Will the IIouse agree to the bill as amended on thirc

The question is, Shall the bill pass finally? ctmsideration?


The SPEAKER. The Chair recognizes the gentleman froln Allegheny, Mr. Caputo.

Mr. CAPUTO. Mr. Speaker, this is a very simple amendment. I t corrects the numerals on certain paragraphs and adds a subsection which I believe was an oversight. Perhaps the most important part of the an~endment is-and I think we might have agreement . ."..>.

NOT VOTING-14

Berun Kelly. J . R . Smith,E. Wslsh,T,P, Cole Kncpper U~tynoskl Wojdak Gleason McCraw Wagner Yahner H B ~ I T I O E ~ Mebvs

The majority required hy the constitution having voted in the affirmative, the question was determined in thc affirmative.

Ordered, That the clerk return the same to the Senate with information that the House has passed the same with amendments in whirh thc concurrence of the Senate is requested.

BILL ON FINAL PASSAGE Agreeable to order, The House proceeded to the consideration on final pass-

age of IIouse bill No. 1590, printer's No. 2391, entitled:

An Act amending the "Legislative Code ol Ethics," approved July 10. 1968 (P.L. 316, No. 154), further defining gift and member and adding definitions; further prov~d- ing for standards of conduct and prohibitions; providing for economic interest statements; and further providing for penalties.

on both sides on it--provides that "Nothing contained in subsections (g) or (h)"-this is on page 7, line 12, of the bill,-"shall affect a transaction involving or a contract with the Commonwealth prior to the effective date of this amendatory act."

The SPEAKER. The Chair recognizes the gentleman from Montgomery, Mr. Yohn.

Mr. YOHN. Mr. Speaker, would the gentleman from Phiiadelphia, Mr. Rappaport, consent to interrogation?

The SPEAKER. Will the gentleman, Mr. Rappaport, conscnt to interrogation?

Mr. RAPPAPORT. Yes, Mr. Speaker. The SPEAKER. The gentleman will proceed. Mr. RAPPAPORT, Mr. Speaker, I understood that thc

Speaker was going to Xet the amendments agreed to first I Capnto.s amendmerlts heen

T~~ SPEAKER, The amendments have not as yet bee,: agreed to.

On the cluestion recurring, will the HOUSE agree to the amendments?

were agreed to,


Mr. FREIND requested and obtained unanimous con- for the kind of violation it could be used for but not as sent to offer the followinrt amendment. which was read: I severe as existing law. May I remind the House that -

Amend 4, page 11, line 16, by striking out pealed." and mserting: amended to read:

Section 6. Penalties.-(a) Any person violating [section 51 section 4.1 o r 5.1 of this act shall he g u l l t ~ of a misdemeanor, and upon collvlctlon there01 be sentenced to pay a fine of not more than one thousa~ld dollars ($1000) [and costs and, in default of the payment of such fine and costs.1 or shall undereo imnrisonment for not more than

- L'nder existing law part of the Criminal Code, which this hili does not in any way change, a Senator is now serving time in Atlanta. It did not take a n Ethics Code to do that. It took the Criminal Code provisions on extortion to do it.

In the hopefully unlikely event that ,there is a case bribery, it does not takc an Ethics Code to punish someone for bribery. That is in the Criminal Code. Serious

two years, or both. sidz o f ~ l & ~ & ~ ~ ~ ~ $ l a l ~ ~ p ~ ~ ~ , ? ; ~ ~ d ~ e n t ~ ~ a f i ~ ~ ~ u: the Commonwealth.



violations of governmental standards are already in the Crimiilal Code and are there with very severe penalties. Let us look at what this type of amendment would do in several circumstances.

On page 3 oI this proposed hill, section 4 (c), "No member shall use or attempt to use his official position to secure unwarranted nrivileecs or exemotions for himself

from Delaware, Mr. F'reind. Mr. FREIND. Mr. Speaker, all this amendment does is

to place a criminal violation for a violation of any Part of section 4.1, which is the section dealing with prohibitions, and of section 5.1, which is the section dealing with the reporting requirements.

This is nothing new or drastic. The Present Ethics Code has those criminal provisions. Violation is a misdemeanor, p u ~ s h a b l e by a maximum of 2 Years in prison or a maximum fine of $1,000. And I repeat, the present code which we have right now has those provisions.

In addition, an Ethics Codc which was overwhelmingly passed by the House in December of 1973 by a vote of 180 to 5 also contained the same provisions. As a matter of fact, the provisions in that Ethics Code went a great deal further than the present Ethics Code, and there were provisions for a criminal violation.

I might also point out, Mr. Speaker, that the Adverse Interest Act, which was passed by this legislature in 1057 and which places a code on emplo~es and consultants of state agencies, spells out criminal provisions for a viol:i- tion of that act. In other words, this legislature made it a crime for a state employe of an agency to violate that Adverse Interest Act.

If we now pass this Ethics Code without criminal provisions, what we are, in effect, doing is legislating one section of government and making violations of their criminal provisions law while we exempt ourselves from the same provisions.

There are some in this House who are not entirely pleased with this Ethics Code and feel this does not go far enough. I t is, however, an improvement over the present Ethics Code if this amendment is added. If this amendment is deleted, let us be perfectly honest with it, we have taken the teeth out of the Ethics Code. We have not made an impmvement; we have taken a s'tep back-

~ ~~ ~ & ~

or others but this subsection shall not be deemod to prohibit the making of an inquiry of a Commonwealth agency for information on behalf of a person."

At what point does an inquiry become unwarranted privileges or exemptions? Every time a member of this House or the other IIouse would call up an agency and say, you have an application for John Jones for a PHEAA scholarship. Please act on it, we could be accused of trying to get an unwarranted privilege.

It is one thing i f we are to he judged by the Committee on Ethics. How many of you have dis,trict attorneys in your counties who are of the opposite party? How many have district attorneys who would like to make political capital out of going af ter a public official of the other party? And do not tell me they do not exist. They do. Unfortunately, hut they do.

The difference between an inquiry and an attempt to get unwarranted privileges is a very narrow one. I t is a gray area. It is a very gray area.

I t may not be known to some members of the House hut the present Ethics Committee is sometimes called upon by members lor guidance on how to behave to a certain circumstance. A letter of inquiry is written, and a I d - ter, after the meeting of the committee, formal or informal, is written to the member. As a matter of fact, we received inquiries from leadership on both sides of the aisle.

N, marc would a member he protected in that good faith situation, where an honest and honorable member has an inquiry in that gray area. just because the -&hics Committee gave an opinion, right or wrong, would not be a defense. This is a criminal act we are putting in here, and it would be at the an ambitious i,,ho might decide to smear that and everyone

us is . target. ~~d 1 say that in this clim,ate, everyone of is a target.

wards. Many Of us in this House have

tibout the distain which is heaped upon Us by the public ;and the press. I feel, Mr. Speaker, that if we adopt an Ethics Code without these criminal provisions, we are taking a s'tep backwards and we are making ourselves deserving of such distain.

I would urge all the members of this 1-Iouse to Pass this amendment.

- Thomas "Tipp" O'Neill, who is going to be the next

Speaker of the United States IIouse of Representatives, had just that done to him last week. H~ made an inquiry of a Federal agency for someone who, ~~d forbid, gave hi, a campaign contribution, He wanted some action on an that had sitting there for L; months, If anybody has a saPe seat, an Irishman in South Boston has a seat, yet he was smeared on the editorial unees of the New York Times. That is the climate of

The SPEAKER. The Chair recognizes the gentleman [ram Philadelphia, Mr. Rappaport.

Mr. RAPPAPORT. Mr. Speaker, the gentleman would add to this bill a rather severe criminal penalty; severe

. .~

A Senator, not of my own party, while under indictment, lost an election for reelection and he was later found not guilty. Other public officials in Philadelphia have


in his district. Is that not horrible? And yet that memher, a senior member, I might add, was accused of trying to get an unwarranted privilege. That is the kind of thing that I am talking about and that is the kind of thing that no public official should be subjected to, and that, Mr. Speaker, is what I am afraid of. Mr. Speaker, I would ask that this amendment he defeated.

been accused and smeared and found not guilty. But yet not only were their political careers ended, but their personal lives and the practice of their profession were affected.

I, therefore, aay, when a crime rises to the level of bribery or extortion or a similar thing, there should he a criminal prosecution, and that is already in the Criminal Code. But something of judgment should not entail that. What is an inquiry? Is it unwarranted or warranted? That is to go to a grand jury? I think not. Everyone of us makes these inquiries everyday, and properly so. We are the ombudsmen for our districts.

I remember several years ago we had an insurance commissioner who liked to call people names. You may remember him. His name slips my mind. One of our members called up one of his staff people and asked for 100 copies of a pamphlet that he liked to put out on How to buy No-fault Insurance, or something. That young staff member accused this member of the House of trying to get an unwarranted privilege because he was going to take those 100 pamphlets and send them out to people

The SPEAKER. The Chair recognizes the gentleman fvom Wontgomery, Mr. Yohn.

Mr. YOHN. Mr. Speaker, I rise to support this amendment. Mr. Rappaport has used as an example the unwarranted privileges' section of the ethics law. That section as a standard of conduct has existed in the law of this state since 1968. The criminal penalty for the violation

criminal statutes. It is ridiculous for us to provide a Code of Ethics with prohibitions and then have 110 penalties whatsoever. The same criminal provisions that the gon- tleman, Mr. Rappaport, has argued against are in the present code. We voted for that in 1968. We overwhelmingly voted for those provisions in 1973, again by a vote of 180-5.

Why now the sudden change? Why now do we decide to take the teeth out of this Code of Ethics? What factors have intervened to make us change our course when prior to this there has been such overwhelming support for putting criminal provisions in this Code of Ethics? I think it is an opportunity for each one of us in plain, simple terms to decide how much guts he has.

If you want to pass a bill for windowdressing, take it to the electorate for the November election and say wc passed an Ethics Code, go ahead and defeat this amendment. But if you care about reform and if you care about making this body above suspicion and interested in re- gaining the public confidence which we should have, I urge You to accept this amendment.

The SPEAKER. The Chair recognizes the gentleman from Dedaware, Mr. Freind.

Mr. FREIND. Mr. Speaker, the M ~ , wappa- port, appealing to the fears of the of this H ~ ~ ~ ~ , H~ mentions a specific provision in +,his code which he says is so broad and so obscure that there should not be any criminal penalties preventing it, The gentleman, nappaport, is the author of this hill, T~~~~

not he any provision put in if it is so broad and so "bscure that no definite interpretation of what a tion is can be determined.

Let us make several things clear. He mentioned a Senator who is spending time in jail right now. He is not spending time in jail right now because he violated a law of this Commonwealth; be is spending time in a Fed- era1 prison for violation of Federal law. It is clearly not the case that the Commonwealth statute of extortion and brihery touch hardly any of these provisions. They do not. All you need do is to look down each section of the prohibitions and you will find that they do not come under bribery or extortion.

I think this is an opportunity for each member of the House to determine exactly what he thinks of himself. Everyone of us is aware that when we become a public official we have certain responsibilities. And we know as a member of the legislature, that body which makes the law, we must put ourselves above suspicion. I think everyone of us here will agree that there has been an ~:nfortunate and regrettable trend in the last 5 or 10 years for pwple to look down on all elected politicians. Yo11 have hcard, of course, the phrase so many times, all politicians are corrupt. I do not believe that is the case, Mr. Speaker. But I believe that our actions today in this Ethics Code will determine exactly what type of image we want to present t o the public.

I repeat, these provisions are not covered right now by

of that section of the code of conduct has existed in the law of this state since 1968. This is nothing new that Mr. Freind is trying to do. Hc is jus~t trying to keep the law in the same status as it is at the present time.

Last fall when this bill was first considered, you may I offered an amendment which kave

given the Ethics Committee or Independent Enforcement Committee-whichever the House has decided upon-a

of penalties, a group of recommendations of things that they could do for violations of varying degrees of tile Code of Ethics. Unfortunately this House chose to defeat that amendment, and I think that that amendment would have been a better choice of a way to handle this situation than the criminal penalty. But this House defeated that amendment by an overwhelming vote, so we do not have that alternative anymore. The only alternative we have now is zero in the way of enforcement of the criminal penalty which has existed in law since 1968,

I t seems to me that we cannot, under the guise of tough- ening up an Ethics Code, take away the only penally that exists for violation of that code.

The problem in the last 6 years has not been that there has been too much enforcement; it has been that there has been too little enforcement, I think that we should support the amendment so the code will stay at least at the same status that it is at the present time,

The SPEAKER. The Chair recognizes the grntleman from Allegheny, Mr. Csputo.

Mr. CAPUTO. Mr. Speaker, Mr. Yohn just touched on a matter which is near and dear to my heart. Mr. Yohn indicated that the House rejected a proposal that he submitted early last session. I agrcr they did, and maybe the House was not wise in doing that, but it seeme to me that if they rejected it then, they should go another way and not become more severe in the manner of penalties but to become less sevcre. We compromise here

Coodinan F,Il:.c~rich cirern l i l u r l s Grernfleld M r l l ~ r i l e Grirrv . . hl"l1"" h31versun hlallrn. M. Z Huichlnson. A. Must0 1rvlr ?.lyrn, .Tohnaoll. ,I. No~~ak. Kelly. A. P. o'f-;!~vc~ I<,s,'c, Oliver ""iLer ParI<e,', 11. s. i.a,i,,aiyshyn Pcrrx IA ,varc:a rsctrai:::r 1.audsdia I'Icvs!<:, l.~,ughhn llratt I .ederer i'ronrferga>t lA~::tern~an I < . I D I I ~ ~ ; ~ ~ : linc~,in I:avenbts!;l Liigue Xeed :"lanilenno Tlennlrk IvIcCau rillodes

NOT VOTING-20

-- ~ ~p

everyday. Pcrhaps an amendment which would suggest a range of autjon by the Ethics Committee when the matier was brought before them might be the proper way to go.

I would liku to point out that MI.. Rappaport argued about one section :il the code ivllich has been in the law, acd I admit it, hut thcre a:.e other sections that ar? equally as dangerous to any mrmher of this House. I would likc lo point out, I lhink it was today, certainly no longer than yesi~rday, that I saw on my desk-I remember earlier today ',\I: House Cnrnnlittee indicated that there s;hould l ~ i . n r ! pam;,hlets p!aced on our desks other than thosix dcnli~ig wiih !c;:inl?tion, nr~d I certainly believe that is true or it s!ioii!d be lruc, hut I remem!~er either today or yesterday-tl.at 1 found on my desk a reprint of a letter written by a nl~inber of this House containing

Sheih-rr Shelton Shupnik stout Taylor

E~""Y Br(LnnU caputo C I " ~ ciaaciuu Conen r:uweU ~curnberland grMedlo n-Weese '),carIO ;,,Donato >ombioa.J1

,"$p !.:~aensberpor :z2'eh*fl

.r.,,b, '73e' i;a?lrghor

TOU Trello Valleentl Warmcz Wargo Weldnei Wlggtns WllUams Wilt, H. W . zu'lkl

some sort of a news rcleac, a letter written to some' ,:<,:, i ivlly. 3. B. > . ~ ? ~ , l h , L. Whelan people commending them on a wedding celebration 0r1 ; > : n ~ m ~ :(~ep,,er st;,ili wilt. W. w somethin:., which got on herc by his opposition in a gen- ~ ; ~ r n w ~ia:yr;uskl Wojdak

Mclntyre Wagner Wornlow era1 election. Nvchinlann Wnlsh. T. P. Yahner

It woulci seem lo mi. that undrr this hill, if that mem- So the question was determined in the negative and the ber sent out t i lcttcr fi~ittl th- privilege alleged that he had amendment was not agreed to. in this Iiousc, that he would be subject to the criminal

[ ccrtainly would not ho tnking zn unwarranted privilege / Amend Sec. 3 (s ic . 4.11, page 5, line 12, by inserting i f I tried to do that. I dm not thin& I should be sent t o , after or its iail for something like that i.or do I think that any other member of this I1cu5e s!iould hc sent to jzil for something 1 On the question,

pcnaity which T34r. Freind seelrs to put into this bill. That can happen lo anyone uE us. I had s request today from a membcr oi this House asking i f 1 could p.issibly get a person on as a ternliorary clerk in a liquor store. Well, I do not know whether I can or not. I did not try ye!. But

ike ihnt. \ Will the House agree to the amendment?

On the question recurring, Will the Ilouse agree to the bill as amended on third

consideration? Mr. FRYER requested and obtained unanimous consent

lo offer the following amendment, which was read:

There ace ways to get even with a person or to bring it .o the attention of the puhlic that any member of this Touse is unrthic;~l in iris conduct, and I suggest that we eave it lo the c!lccloi.ate when t h o f matters are brought .o his attention and defeat. this amendment.

On the cjuestion recurring, Will the Huuse agree to the amendment?

The yeas and nays viere recll,ired by pressrs. FREIND ~ n d RAPPAPOR'I' ancl were as follows:

YEAS-77

lbrtiham Frcrnd I.e\,i Scheafler t n d e r ~ m . J. E (:ailen Lvl rch sdrlca leren Gcesey ?Janr??l!cr Seltzer 3erson Ciillespie i.icClatchy Shunan 31ttle Grmg > t ~ ~ , : ; ~ n n ~ s Slr(a:rru lrandt Ma:.uy ht,VlU? Smith, li. I L L ~ L ~ :t>,',k,el! : M E. Spencer

1 !"tern iixi-'.,.D.s. > I . L ~ C St.lpieton 2imlnJ ll:t:;c~\, S.E. ? > Conr,,:!! Taddi,ni,,

13 :,>tur,: "'D.:,.ne!l :mwford Thon%ss 1ai.Ies NL!I O'Kcetr Turner )cvnter H o ~ ~ k l r ~ Pancoaal Vroon )letr I I~~ t~h ins~n . W. I+rri Woterbcr~ )air Itklll i'ltl- vi'fiioii 10yle Katz n ~ ! : t * wrirht 'awceti i<rrr;irk 1.ll :i Yohn ..,. 'i?cher i;.inbaluaa I ~ < : , DIF, , ;~T zearfoss 'lnherty Kusse ! ~ V : < T ? ZeUer 'ortei, A. Lchr s a l r a ~ ~ r i . Zord 'ester W

NAYS-I06

.rtllllm Carna MrCur Rirhrrdss81 caber ~ c ~ , : e r ' . ir~un.: Rieger ~~ : l l " :n i~ l George '> ,riii,in Hitter , : n n ~ f t <'.,n:>~.,:,avc,, %..'. ...i nou!ch ROSS

:crlic < ; l l ~ ~ ~ l t c ! I ! v , J Rugsiero ionettu Gleesou ; . :IIII~, ,~ S ~ I , X I ~

The SPEAKER. The Chair recognizes the gentleman Berks, pIr. Fryer,

Mr. FRYER. Mr. Speaker, 1 would seek to amend section 3, page 5 , line 12, by inserting after "agencies", "or its political subdivisions".

Presently, the bill reads as follows: "No member shall receive any compensation or enter into any agreement with any Person for compensation for services rendered or to be rendered, for representing, appearing for, or in- terceding in behalf of such pcrson in any transaction involving the Commonwealth or any of its agencies or the Governor, Lieutenant Governor, Auditor General or Trea- surer except as follows:", and then it goes into the ex- ccptions.

In my opinion, Mr. Speaker, when the bill was drawn, it prohthlt; . . a member from appearing before the Common- wealth or any of its agencies. However, the bill does not pertain in itself to political subdi~~isions, which, in my opinion, is most important.

Let us take a hypothetical case. Do you think it is proper for a member of this House to appcar before a local political subdivision and sefk an advantage there, possibly on behalf of a land developer or any other client? Is he looked upon as a member of the House or is he looked upon as another attorney?

In my opinion, by accepting this amendment, including political subdivisions, I believe we will substantially increase the merits of this hill and I would ask the members to support this amendment.

The SPEAKER. The Chair recognizes the gentleman from Washington, Mr. DeMedio.

-


Abraham Anderson. J a. Arthum Sarber Uellominl Beren Berm Bersm Bonetto Bradley Brandt BruMer Burns BUteFa Cianelulll ClmlnI Cohen CoweU Crawiord Cumberland navies DeMedIo neverkr DeWeeSe Dicarlo D~DonatO Dtetz Dnmbrow8kI Doyle Dreibelbi. Duma3 Eckensberger Englehsrt Fee Flscher Flaherty Foster. A. Foster. w . Freind Fryer Gallagher GaUen

Mr. DeMEDIO. Will the gentleman, Mr. Fryer, subject himself to a brief interrogatirm?

The SPEAKER. Will the gentleman, Mr. Fryer, consent to interrogation?

Mr. FRYER. Reluctantly. The SPEAKER. The gentleman will proceed. Mr. DeMEDIO. Mr. Speaker, would this amendment

prevent a member of the bar to act as solicitor fur a township or a borough or a city?

Mr. FRYER. No, i t would not. Mr. DeMEDIO. Thank you, Mr. Speaker.

On the question recurring, Will the House agree t o the amendment?

The yeas and nays were required by Messrs. FRYER and DeMEDIO and were as follows:

YEAS-165

- - .-- -- c;curgr <;iamrnareo Gillesple Glllettc Gleeson Goodman Green Greenfield

attention of the Chair; I was not trying to upset the vote. But as a matter of clarification of legislative intent, I would like to ask the sponsor of the amendment a question.

The SPEAKER. Will thc gentleman, Mr. Fryer, conscnt to ir~terroga~tion?

Mr. FRYER. Yes, Mr. Speaker. The SPEAKER. The gentleman will proceed. Elr. CAPUTO. Mi. Speaker, would this prohibit a

member of the House or Senate or group of members of Lhc. House or Senate from representing a neighborhood gruup who protested the street or building a plan before a zoning board or city council?

Mr. FRYER. They can do it without pay, is my understanding, Mr. Speaker.

Mr. CAPUTO. As long as it is legislative intent that a legislator, whether it he a laxvycr or not, can go represent a group of constituents withnut pay. I have no objections

KBtZ ~Ceily. A. P. Kerniek Klstler Klinziunan Kolter KUSSO Laudadlo L;~ughlin Lsderer Lrhr Letterman Lea Lincoln Malitlerlno Manmlller I"%rCnll T~frlcclstchy

Menhorn Milan~vieh M~ller. M. E. Mlller, M. E.. Mllliron MOI~LS hlrkorde Nullen. M. P Must0 Myers NO"& 1qn,re O'Brien O'Keefe Ollver Pancua,t Parker. 1%. S. rerrl Perry Petrarcr Pievrky Pit* Polite Pratt Prenderga~t Pylea Happaport iLavenrtah1 Ileed Henningrr Xenwiek iihoder RIchards~n 1IIeger Hitter >'OSS

Nugglero Ryan Saloom

Jr.

Schweder Sdriea Seltzer Shsne Shelllamer Melton Shuman Shupnfk Smannl Smtth. E. Smlth. L. Spencer Stnhl Stapletan stout Taddonlo Taylor Thorn= Toll Re l l o Turner Vslieentl Vruun U3naeci Wargo Weidner Whrlan Wlgglns wtison Wilt, R. w. Wrlght Zearfoss Zeller ZoFd Zwikl

mennett Fawcen Logue Mullen Bittle Flstlr~ Lynch O'Connell Cessar K<,u,alyshyn MrCue Westerberg DO- ~al*llerea Moehhnann

NOT VOTING-23

Caputo Ilutchlnson. W. &liscevieh Wilt, W. W Cole Johr,son. J O'Donnell Wojdak Dlninnl I , J . 6. Ustynoskl wornlow Gleason Kneppvr Wagner Yahner Hamilton. J. H. Mcciraw Walsh . T. P Yohn Hammock Mebus Willlams

So the question was determined in the affirmative the amendment was agreed to.

The SPEAKER The C h a r recognizes the gentle from Allegheny, Mr. Caputo.

Mr CAPUTO Mr Speaker, I was trying to get

to the amendment. Mr. FRYER. Mr. Speaker, it is my viewpoint that as a

srhedule becomes busier and busier for the members of the House, I think it only fair that they can find more timu to serve their constituents rather than a law practice.

011 the question recurring, Will the House agree to the hill as amended on third

consideration? Rill as amended was agreed to.

I The SPEAKER. This bill has been considered on three different days and agrecd to and is now on final passage

The question is, Shall the hill pass finally?

?*itel

The SPEAKER. The Chair recognizes the gentlemar from Montgomery, Mr. Yohn.

Mr. YOHN. Mr. Speaker, will the gentleman, Mr. Rap- paport, consent to interrogation?

The SPEAKER. Will the gentleman consent to interrogation?

Mr. RAPPAPORT. Yes, Mr. Speaker. The SPEAKER. The gcntleman will proceed. Mr. YOHN. Mr. Speaker, as we discussed earlier, thc

staff had raised some questions concerning the meaninl of the phrase "exclusive supplier of types of services pur. chased hy thc Commonwealth." This is in connectio~ with the Caputo amendment which would exempt tha type of supplier from the contractual prohibitions that ar,

, in the bill. Would you state your understanding of wha 1 is meant by a member being thc exclusive supplier of : type of service purchased by the Con~monwealth and giv some esamples of that?

Mr. RAPPAPORT. Yes, Mr. Speaker. Perhaps I wil I combine some of these into one answer. I think the he- example I could give is an actual case that I heard dis cUsti at a inreling of the Ethics section of the Nationi

and

man

the

C.in;eucn:e of Statc Legislators. It seems that a membe of thc legislature of Maine is the only one in that stat who has thc qualifications to provide certain mapping i topagraphic surfaccs for the State of Maine. They appar

, crrtly have a problem with their coastline. They have t constantly re-map it. And he owns the only company i Maine that does that kind of work. He is not only a mem ber of thz legislature, but he is in leadership, and I frank1 do not know which party he holds the leadership positio in. There have been tremendous problems raised in thi state because of his being the exclusive supplier of tha


Mr. YOHN. I want to thank the gentleman. Mr. Speak- On the question recurring, r. and I would ju?t like to slate thnt T generally concur 1 Shal! the bill pass finally?

I 1 the nnsu:rrs that the gentleman has ~ i v e n i n the a n e s and 1 repi tlIat ,hroufih !hi.$ in tc r roga t iPn r.Je harp 1 h r ~ ~ a h l e to the provision of the constitution, the yeaf

ahtened the meniiing oI that part.irular exrmntion sn 1 "ere taken and were as

Yet there is no one else in that state who is qualified t o do that kind of work.

The Maine legislature every year passes a special bill so thnt he can do that worlr. His reputation is such that he i5 beyond reproach. I urould say to thc gentleman. Mr. Yohn, that that is an example of an exclusive supplier of a servicc, literally the only one who ran do it..

Mr. YOHN. Mr. Speaker, in ecnneclion with thc amendment, the language in the amendment would changix the existing law from "exclusive supplier of a service" to "exrlusive supplier of a type of service". Was th~r , : any intention to changc the meaning of the lay.- h7 thql rhonge?

Mr. RAPPAPORT. Mr. Speaker. 1 was not thc author of that change and I rrally do not k n o a w h s t h ~ r thew was any intention to change the law or not. I think the lanquage speaks for itself. My personal opinion is pr -h- ably not.

Mr. YOIIN. Mr. Speaker. in connectioa with this r x - <iuiivii i:upplier. do you think it would h~ possihle for any attorncy or any architect or any advertising firm, being thc normal professional firms that are involve8 in this type of thing, do you think there is any situation in whir11 any individual in those categorim could possibly he, en eurlusive provider of that type of scii.ire?

Mr. RAPPAPORT. Mr. Speaker, I have been thinking nbout this since I dirc~tcscrl the matter with t h ~ p-ntlc- man, Mr. Yohn. The only pos~ihle example that T could ihink nf was the c ; r v of an attornry from a -;en. emall 2nnnty where there n a p hc. 4 or 5 rncmhers of the h;!r. lnrl there nre suc11 countics in this state, and k: w : ~ s the, 7nlr attorney in that i~ounty who does title ~enrrhc; ant1 :hr Commnnwralth will need some titl- s;e?rchnc r l o ~ r in .nnnectiol~ with, cay. condemnation. The only attom,.:- n that co:~nty who doc3 titlc e a r c h r s is also a member )[ thic lrzislature. The odd? of lhat hapnerinc? ?re cc: .rxmotP that T rcilld not think of any other circur-stanr;, /

Tke SPEAKER. The Chair r e c o r n i z ~ ~ the qmtleman 'erhaps some memhers can, hut to me it is that remotr in P.lrntcnmery, Mr. Yohn. tnv of 1hn.e prof?-sions.

nTr. YOHV. Mr. Speaker. there is one other question Mr. YOIHN. Mr. Speakcr. anqther c a t r n r y th l t pny- ,annznort wantrrl me to ask and I neglected to 1 thnt i l c . 7'

' h ! ~ rmlld b r involved in this is the situation involv'nr? k ~ r , in the situation involving a Pennsyl- ?a1 ri!ntr. no ycu feel that there are an7 rircumst:lncr. Development Authority loan, from vihnt

~ n c l ~ r whirh that real e t n t e could hc ri>nsirirrrd to h~ I , -o~i I ~ ~ v c told me I understand the Commnnwenlth i ? not

he excltlsive real cstate availshle and therefor? you vrould . .

lat it cannot and should not he-used inadvisabl" in thi. / YEAS-IR7

The SPEAKER. Will the gentleman, Mr. Rappaport. rtlilsent, to interrogation?

Mr. XAPPAPORT. Yes , Mr. Speaker. The SPEAIIER. The grntleman will procced. Mr. ZEARFOSS. Mr. Speaker, directing your attention

iii pa::' 8 of the, bill, linc 1, suhiectian 3 of section 5.1, lhat rcfers to the language "Direct nr indirect sources, by name, of any income in excess of two thousand five hun- Ire.! rlollars ($2,500)." I assume that language has car- r i id forxvand, even though it is underlined, from the prior hill and it refers to what must be disclosed. Would this re- i!uirc:nrnt r ~ q u i r e disclosure by lawyers, as an example, i'iho are members of a firm or a sole practitioner? Take the examp!? cf a sole practitioner. If he i s the only lnw- vr,r in ih? office. virould he have to disclose the names of his clients. tinder this lan;rua!:c, or rvould all that would hi. rr,,~uired by thri languagr is that 1 1 ~ would disc1o::e the i :?-t that he is in thc gracticc of law at that location i ~ n d e r 7rha:cver namc he is using? Would he just have to dis- riose ihe fact nf the law prarticc and the fact that he is rt3cciving inc.,mr from that. or would h e have to namp all the clients h e happcirs l o have who pay him fees in cx- 'ess of S3,500?

Mr. RAPPAPOIZT. I1 was the opininn of the drafters of :!lis hill, and it r n s disrussed at great length, that un- 1 ~ ~ s !h? disrioiurc i; rcr;~iired undpr another section of i11': a-'1, sil-l- as rcprcsenting an electric company, then '!,' 7s~ollld only hare Lo :say, practice of law, practice nf ?n?inrcr;ng. practice :of architecture, period.

?.lr. ZEARFOSS. As far as this section goes, but the cthcr sections might require for him to disclose clients? !\'IT. RAPPAPORT. Particular rlients who have a par-

ticular relationshin with the Commonwealth. It:. ZEARFOSS. Thank you. Mr. Speaker. h'r. RAPPAPORT. Mr. Speaker. could I yield to the

1 .;rmtlcmnn, Mr. Yohn. for n moment?

lave to co to that particular real estate and mmild *.na!ify (rider this rnemption and it would not he a ppnerir sil- ation?

Mr. RAPPAPORT. Let me just say this. Mr. Speaker:

iture. Thank you

xnr,n!\m3 in any way in tcrms nf guaranteed interest rates tr, ihr individ~~al , and the responiihilitv to Day hack the loan i s one that rests solely between the indivi2ual and hi; PI-ivate hank. Is there anything in this hill that relates

C.P~SCV . rl,rj,e C,I.,;,*, -P The SPEAKER. The Chair recogniz~s the gentleman 1 f,:.;'; ,;'maler ylc ,C:~nnl$ c:,h?.affcr .om Dela7,vare. Mr. Zearfoss. ' = l~omlol Grorze \r-lntyrr c r h m i t t

I Mr. ZEARFOSS. Mr. Spcaker, I wonder i f Mr. Rap- :I;:;* c : ; m m m ' ? P T > B ~ P c , 1,ord"r

CI!e~pfe l i i ~nhom +c(ri,.a aport svou1i ans\$-r;-~. onr cucslinn for me, i f he will. ; a..fib ~xllette b?iiailovlch Jellzrr

f !:uch a case came before the Ethics Committoe and I , to th:rt which would prohihit that? Plr. RAPPAPORT. I would lhink it wol~ld he ent i rc!~

7as at that time a member of the Ethirs Committee, I / ~icrmissihle since thc risk of loss is not on the Common- rould he extrcmcly skeptical of the fact that that was the xvc;,:th n n r arc thrrp ani, tax funds involved, nly possible piece of real estate t h e Commonwealth could / ' iTr. VOITN, Thank you, Speaker, se. !


Brrson r;lee!;m Miller, M. E Shane of Pennsylvania. For the most part individuals did not Bittle Gondrnan Mil!rr. M. 1P.. J r . Shelhamef Bonetto Green Milliron Shelton know that this hill here was comprised of what they call Bradley Greenileld ~ ~ I I S C ~ Y I C I I shumam a "welfare reform bill." ~ r a n d i Bmner B u m Butera Caputo Cesrar r ' n ' , c i ~ l l i Cirnllll Cohen Cowell Crawford Cumberland Daviea Denfedlo Dcvertn DeWeese Dicarlo DiDonato Dl& Dintnnl llombro- Dorr lhyle I3reibelbtm Dumas Ecknmbexer Englehart Pnweett FW Fischer Fisher Flaherh Foster. A. Flsier. W. F q e r Gallaxher

FIalverson llrkonic Hamilton. J. A. "IUll," lrssny > r > ~ ! i ~ , ~ , ?,r. P ilaskrll M u t a

ltkln P z ~ c o B : ; ~ .John-. J. Parker H. S .

i:lingnrnao !'iit.s xo1ter Polite Kuwalyshyn Fratt Kusse Pyles T.eudadlo Hop~spor: I.nuehlLn liavenstnll! i,~.rlere~ >1:pn !.ehr Rcllninger i ,etterman Rcnwick Lev1 iihodes 1.incoln Richardson Lngue Meger 1.smch R i t r ~ r Mandenno Ross Manmlller iiuig'ero

NAYS-2

Frefnd I.sn?arca

NOT VOTING-14

Spencer Stahl Stapletan stout Taddonio Tavlor ~hbmas Toll Re110 Turner

Wsrzo Weidner W?sterbrrT Whelan Wiggins Wilson Wilt. R. W. Wilt, W. W Worrilow wrlght Yohn Z " ~ 0 B B

I a m quite disturbed with this piece of lcgislatinn, Mr. Speaker. The reason for the rcconsidcration was that, at the time the vote was taken, a lot of the members were off the floor and did not have on opportunity to look at this piece of legislation.

Mr. Speaker, 1 would like to know whether or not it is possible to interrogate the prime sponsor first and then ask to whom I should speak regarding the amendments that are presently in the bill.

The SPEAKER. Who does the gentleman desire to interrogate?

Mr. RICHARDSON. The prim? sponsor. I guess I can interrogate Mrs. Kelly.

The SPEAKER. Would the lady. Mrs. Kelly, consent to interrogation?

Mrs. KELLY. Yes, Mr. Speaker. / The SPEAKER. Thc d en tie man will proceed. Mr. RICHARDSON. Mr. Spcakcr, conld you give this

Honse the version of the hill as it was when it was in its original printer's No. 785 and what the hill did at that

licensed. I Mr. RICHARDSON. That was all that was in that bill

ZP~IP I Z0Td Zwikl

meman. S y e a k ~ ;

at the present time, is that correct? Mrs. KELLY. Yes, Mr. Spealccr. Mr. RICHARDSON. N o v ~ the bill is a 3G-page bill. Al

time? Mrs. KELLY. The bill a? it passrd the House only

amended section 1016 of the Public WeIrare Code, to permit the department to inspect facilities in order to detcr- mine whether or not an unliccnscd facility should be

Cole iinr~per l~~tynr~slii Williams first it was only n 2-page !;il!, is that correct? Gieasm McGraw i:r;3g:ic,t we>dak Hammock M r Ciis 5nVdlsh. T. P. Yehner Mrs. KELLY. That is rixht. Kistler ~v-ndergast Mr. RICHARDSON. Chu!d you tell us here in the

R E C O ~ ~ ~ D ~ ~ A T ~ ~ ~ OF V ~ T E ON CONCURRENCE The SPEAKER. The Chair recognizes the grntlema~

IN SENATE AMEh'DMENTS TO HOUSE BILL No. 694 from Erie, Mr. DiCarlo' Mr. DICARLO. Mr. Speaker, T am the chairman of thl

Mr. RICHARDSON moved thxt the vote by which t h e / Subcoinmittce on Health and I urould yield at this timl

The majority required by the Constitution having voted in the affirmative, the question was determined in the affirmative.

Ordered, That the clerk present the same to the Senate for concurrence.

Honse who would be the person bcst to interrogate involving the Senate amendments that ;Ire presently in the bill?

Mrs. KELLY. You mifiht interrogate Mr. DiCarlo. HI had a lot to say today on the bill.

~ ~A ~

Will the House agrcr tn thc motion? Motion was agreed lo.

House concurred in the amendments made by the S ~ n a t e to House bill No. 694 he reconsidered.

Mr. SHELTON seconded the motion.

On the nuestion.

On the auestion recurring.

to the chairman of the S~rhcommittec! en \\'clfare. Mr. RICHARDSON. Who is thzt, Mr. Speal~cr? The SPEAKER. Who is the Subcon-.millee chairman 01

Welfare?

1 The Chair recognizes the gentleman from Philadelphi2 Mr. Barber.

Mr. BARBER. Mr. Speaker. I would submit to m -. Will theHouse ronrur in the arncnrlments by the

Senate?

The SPEAKER. The Chair recognizes the gentleman from Philadelphia, hIr. Richardson.

Mr. RICHARDSON. Mr. Speaker. if I remember cor- rectly, House bill No. 694 is a hill that has come over from the Senate with Senate amendments in it. For the n~emhers of thc IIouse, the bill was originally to just deal with having the Dcpartment of Public Welfare to look into matters concerning nursing homes and hoarding homes that are presently operating illegally in the State

chairman, Mrs. Kelly. The SPEAKER. Can the jicntlcman, Mr. Richardsor

pursue whatever goal he desires to accom?li$h by mekin statements rather than engaging in interrogation?

Mr. RICHARDSON. Perhaps I can. hlr. Spcaker, see lllg that it is quite difficult to get scmcnne to-

The SPEAKER. The Chair recognizes the gentlemar Mr. Richardson.

For what purpose does the lady, ll'rs. Kelly, rise? Mrs. KELLY. Mr. Spealicr. this is really a joke, br

,cause first of all we did not get this until yesterday i

LEGISLATIVE JOURNAG-HOUSE

I have outlined some of the things here in this bill that indicates several reasons why I am against it. One of On the question,

the reasons why I would want to interrogate someone is Will the House agree to the motion?

our committee and even our executive director did not have a chance to study it. So I do not think any of 11s cnn explain i t too well.

Mr. RICIIARDSON. Mr. Speaker, that is one of the reasons why I have raised the question and, as we just witnessed, we saw the circle go around and right back to Mrs. Kelly. I am concerned about this piece of legislation and I feel that i t is a very important piece. The fact is that the new amendments that were put in really

business of the House and not belabor the House, that we table this bill until tomorrow to have an opportunity to certainly look at this bill and discuss it at length tomorrow. I feel that it is not going beyond the scope but really meets the heart of it. I move that at this present time we table the bill until we have an opportunity to look at it in its entirety.

The SPEAKER. The gentleman, Mr. Richardson, has moved to place upon the table the matter of concurrence

dc not speak to welfare reform. , i n Senate amendments to House bill No. 694.

because of the fact that it deals with determination of income. The fact of the malter remains that the section places a $25 limit on deductions for work-related expenses for general assistance recipients. In April there were 8,967 children who received general assistance. In a 1970 s!udy report, Mr. Speaker, the related expenses for general assistance recipients showed the average work-related expenses to be about $50.

The ycas and nays were required by Mr. RICHARDSON and Mrs. KELLY and were as follows:

YEAS-48

*braham Gellagher Lauqhbr Rhodes RBIbe' ciliespte ~ril i:rer Rlchsrdson Brandt Halrerson Lynch Ross ,~;:aj,ciu~ll Hamilton. J. B. Milnnovleh Salvatore Cohen 11askeU i l l M E. Sehweder ilavies I ~ ~ Y c s . D. S. Mriconlc Seltzer

they are working in a grocery store and-trying to hustle 1 ,indrrron. Gocsey McGinmr Schrnttt some change by delivering some groceries. that thew 1 n,ihun Gciiler McI.ane Sdr l rs

funds must be reported to the Department of Public Wel- ! Bellolnid Gcnrpe Mebus Shelhamer Bennett Giammarco \'.?enhorn Shelton

fare a part of the total jncorne of the family. If any of 1 ijuren Gillette ~ i i i ~ ~ . M. E.. ~ r . shunen you know anyone who delivers any groceries and deliv- 1 Berun Cleeson Milliron Shupnlk

Bittle <:c,ndrnan Mi9cevIch Sl,Iann! eries on weekends. you know it does not amount to that I Rrndleg m e e n Xaehlmnnn Smt'&, E. much money and, therrfore. the little change that a young Rl.unner CreenI3eld ~ o r n s S m i * ~ . L

mdividual might receive should certainly not be affected gxga C:rieco Mullcn Spencer oring Mullen. M. P. Stahl

in terms of having their money he a part of the total i'aputo i ? a s s ~ Nllisto Stnp!eton incomc of the family, particularly in a lot of cases where llayes. S. E. Mvrrs Stout

! l i ~ f o r d Noye Tsddonlo there is only one person in the family and that is usually c<>wen nfll O'Brlm Tsylor

the mother. Crawford iIoliklns O'Cutmell Thomas / i -(lniberlana II~~tchlnron. A. Pancoast Turn:,, The proposal is also, in my estimation, likely to be : n e ~ e a o ~ e i l y . J. B. Parker. H S. Vroon

illegal because of conflict with the Social Security Act. Kernick Perry lvansacr Klstler ~ e t r a r c a Warqo

Mr. Speaker, not to prolong the matter, but I have a nmonata mingamen Pievsky weirtner whole srction requiring recipients to accent employment/ iliolte~ xnwa lyshy~ ~1 t t . s Polite Whelm

Now I am raising certain points because I do not want ' DeWeese

I iiutcniosan. W. Novak Shane to prolong the House. uoyle I ~ W I S ~ .uonne t : TOU

Dunias Section E of this bill, counting the earnings of school 1 ItYln O'Keefe Trello ,lsher .10hnion. J. DI~YPI Westerberr

children. This section requires the department to count Flahertp Katz Perri wom10.w

the income of school children over thc age of 14. It says ""'"" i Kelly. A. P. Heed Yohn

that individuals who are 14 years of age and older. i f , NAYS-138

at 1 . s ~ than the prevailin? wages of. It is the kind of Welfare-slave bill that we talked about last year and was just incorporated in another bill. I am quite concerned that this piece of legislation would go down without the members really looking into it. I think a number of 11s have welfare recipients in our districts and are concerned that the type of welfare reform we are talking about does not get caught up in a lot of misuse.

I say that, Mr. Speaker, the bill certainly deals with getting into the individual privacy of a lot of individuals, such as, notification to the party concerned of the existence of records and across-the-board access to records of recipients, rvhirh are supposed to be personal. I feel that these things inclicate need for our attention, psrticu- larly around medical assistance. Those individuals who listened to Dick Gregory yesterday heard him talk about the plight of poor people across this entire state, and that is my concern too.

MOTION TO TABLE

Mr. RICHARDSON. I would just ask, Mr. Speaker, in ight of those situatims and in trying to speed up the

Wlgglns !iombrows~f xusSe mat t wtlsun D'm ~~ahlsrca Pcenderzast Wilt. R. W . Drelbelbir Z.audadi0 Pylea Wllt, U7. V!. ~ ~ h ~ ~ ~ b ~ ~ ~ ~ Lehr Rappaport W,Ight Enslehart Lev1 ):a, mitail1 Zenrfou

:::crier l~lncoln lleawlck zcller L o p e ~ l t t e r zord

~ o s t e r . ~ . Manderino Ruggiero zwikl :Ezw. Manmiller Ryan McCsll Saloom fineman.

allen en McClatehy scheilffer speakel lvrrcue

NOT VOTING-19

:get& i~amrnock RenNnger Wnlah. T F Knepper Rieger Williams

cote ~ ~ t t e r i n a n rJ~t?moskl Woldak Faween lilcGralu vnlicenti Yahncr Gleason 31cIntyre Wsqner

So the question was determined in the negative and the motion was not agreed to.

The SPEAKER. The Chair recognizes the gentleman from Philadelphia, Mr. Richardson.

Mr. RICI-IARDSON. Mr. Speaker, that was the motion to table, is (bat correct?

1 The SPEAKER. That is correct.


Mr. RICHARDSON. Okay, Mr. Speaker, since we are change in the rules, and I would just like to know whether havina such a problem. I would ask the House at this time or not that is a customary rule of the House. - to consider a motion to revert the bill to the original ai.inter's number on this bill.


The SPEAKER. The gentleman's motion is not in The SPEAKER. The Chair recognizes the gentleman order. The House is limited to a matter of concurrence from Indiana, Mr. Shane. For what purpose dnes the or nonconcurrence in Senate amendments. gentleman rise?

MOTION TO PASS THE RILL OVER

Mr. RICHARDSON. Then, Mr. Speaker, I would move that this hill be passed over until tomorrow.

Thc SPEAKER. The gentleman has moved that House hill No. 694 be passed over until tomorrow.

On the question, Will the Housc agree to the motion?

The yeas and nays were requircd by Mr. RICHARDSON and Mrs. KELLY and were as follows:

YEAS-65

Abraham Ralber Rrsndt B n m e r

Anderson. J. E Arthum B e l l o m Bennett Reren Rerlln nittle Rradleg B m Cfaputo cewar c i m m coweu Crawford Cumberland DeMedio Deverter Dlearlo DtDonato Dietz niniNlt I l l ~ b r m Don' Dreibelbla Fee Fi~rher Fisher Fostcr. A. FFrter. W. I ryer

Hnrnii+on. J. H. Haskell IIaVes. D. 8. Hutchinson. W. 1rv1s ltkf" .Johnson. J. Katz Kelly, A. P. Kowalpihyn l nMarea 1,auehUn Lrdcrer Lynch Manderlno MeLane

Mllnnovich Miller, M. E. Atille!r, M. E., Miceevich Mnrhimann blrkonic Novak O'Donnell O'Keefe Oliver perri pratt Prpnderqast ilappano~t Feed nhijdes

Lehr Rleser Levl 1 , U ~ ~ C I ' O LincoLn Ryan Tiosuc sal<,orn

Richardson Ritter Ross Salvatore Srheaffer Srhu-eder Shane Shelton stah1 T"I! Trello Wer'erherp Wigglllr .\kr<,rl'ilc7w Yohr

Schrnitt Sdrlca Shelhmns~r Shurnan Shupnlk Slrlaniii Srniih. E Smith, I.. 83211~~1 Stapleton stnut Taddoniu Taylor Thomaa Turner Vroon wansac7 Wargo Weloner Ymeian Wilson Wilt. R. \1'. miit. w. w wrfgh? Ze1icr Zord Zalk l

NOT VOTING-20 Ber8011 Cle-n MeIntyre Warner Boneno Hammo~k Mullen. M. P. Walsh. T. P Cole Knepper Seltzer willlams Usvles 1.ettennan Ustynoski Wojdsk Faweett hlcCrnw Vnllcenb Yahner

.. Mr. SHANE. I rise to a parliamentary inquiry. The SPEAKER. The gentleman will state it. Mr. SHANE. I rise to ask two questions. Mr. Speaker,

number one, do we not ordinarily pass aver a hill to th? following day simply as a matter of courtesy, and, ser- ondly, in view of what the chairperson of the Health and TUelfarc Committee said. would it not he particularly apnrotxiatr in this instance to give somebody a chance to tak-, . look at it? . I - ~ T h j . l p E A K E R . The gentleman is posing a query to thr Chair that is no1 appropriate hecause the Housr has voted. The remarks of the gentleman would have been very much in ordpr if they had heen made prior to the taking of the vote.


The SPEAKER. The Chair recognizes the gentleman from Schuylkill, Mr. Hutchinson For what purpose does the gentleman rise?

Mr. W. D. HUTCHINSON. Mr. Speaker, I rise to a parliamentary inquiry.

The SPEAKER. The gentleman will state it. Mr. W. D. HUTCHINSON. Mr. Speaker, would a mo-

tion to postpone, which is a privileged motion under rule 55 of the House, be in order at this time?

The SPEAKER. The Chair will entertain the motion.

CONSIDERATION OF HOUSE BILL No. 694 POSTPONED

Mr. W. D. HUTCHINSON. I will so move to postpone llntil tomorrow.


NO FURTHER BUSINESS The SPEAKER. I do not know if it is of any moment

to the members of the House, but we have completed over 90 roll calls today.

'

The Chair recognizes the majority leader. Mr. IRVIS. Mr. Speaker, the rest of you are finished,

but the chairmen of the committees are not. I remind the chairmen, each separate several one of you, you are to meet with me in the majority caucus room immediately.

There is no further business, Mr. Speaker. One more thing, cautionary: do not, underline the negative, do not check out of your hotels. I fully expect that we will not finish until Thursday. I will try to get you out tomorrow night, hut I do not guarantee it due to the Senate or the Governor.

So the question was destermined in the negative and the motion was not agreed to.

Mr. RICHARDSON. Mr. Speaker, normally do we vote on a bill to pass it over? I was just wondering, I see

REPORT SUBMITTED FOR THE RECORD The SPEAKER. The Chair recognizes the gentleman

from Philadelphia, Mr. Barber. Mr. BARBER. Mr. Speaker. I would like to submit the

LEGISLATIVE JOURNAL-HOUSE - -- -

report of the Subcommittee on Welfare--House resolution No. 87, please.

The SPEAKER. The gentleman will send his report tc the desk.

Mr. BARBER presented the following report for the Legislative Journal:

HOUSE RESOLUTION 87

REPORT OF SUB-COMMITTEE ON WELFARE

TO: THE GENERAL ASSEMBLY OF THE COMMONWEALTH OF PENNSYLVANIA.

Pursuant to House Resolution 87, Printers Num- ber 1179, dated April 16, 1975, the Sub-committee on Welfare of the Housc uf Representatives reviewed and investigated the contract and im- plementation of the agreement between the De- partment of Public Welfare and Paid Prescrip- tions, INC.

The following report will indicate the findings and recommendations of the Sub-committee: I . FINDINGS

A. On November 6, 1974, the Department of Public Welfare entered into a prepaid insurance contract in the amount of $53,244,288 with PAID Prescriptions, Inc. of California, to process the prescription portion of the Medical Assistance Program.

B. The Department's rationale leading up to the negotiation of this contract was to reduce abuse, both intentiunal and unintentional, in the prescription portion of the Medical Assistance Program and to offer certain advantages to pharmacists, public assistance recipients and taxpayers.

C. The final contract resulted from open competitive bidding, which appeared to adhere ta the laws, regulations and practices of the Com- monwealth. However, bidding was restricted to two qualified bidders due to thc statute which limits the awarding of t?lis type of contract to non-profit corporations.

D. This committee learned that, although PAID is in fact a hona fide non-profit corporation authorized to do business in Pennsylvania, it exclusively contracts many of its services to Health Applications Systems, lnc. (HAS), a profit- making computer company which not only shares office space with PAID, hut has an overlapping of directors on its board.

Therc is cvidence oL a thin corporate veil where profits could he filtered to IIAS and, subsequcntly, to its parent company, Bergen-Brunswig, a Phar- maceutical Supply Company. HAS is a wholly owned subsidiary of Bergen-Brunswig Corpora- tion, a conglomerate corporation. The committee visited both the main corporate headquarters and regional headquartcrs, inspccted the facilities and rquipmcnt and interrogated corporate officers and management personnel. The committee agrees that the procedures, reviews, processing and other functions performed under the contract indicate excellent managerial sirill. It appears at the writing of this report that the major technical difficnties encountered by PAID 'in ad-

ministering the Public Welfare Department program havc been corrected. However, a major ~ r o b l e m still exists that is the responsibility of the Department of Public Welfare, i.e., an accurate, current file of eligible recipients referred to as the "430 File." The committee has attempted to learn from the Bureau of Medical Assistance of the Department of Public Welfare, the status of the completion of this current file but have rcceived no assurance of a completion date as of the filing of this report. The Department advises that the new target dale is 7/1/76.

E. A number of pharmacists across the state havc indicated displeasure with the present contract citing the fulluwing complaints:

1. The compensation to the pharmacists which iimounts to the eombincd total of the published

average wholesale cost of the drug product plus $1.85 dispensing fee is inadequate.

a. A part of this complaint is that the compensation is discriminatory in that the large chain pharmacies receive sizeable cash discounts as a result of quantity purchasing, while the small independent pharmacist pays the average wholesale ci~st or, in some cases, more, if he buys in small quantities.

2. The method of auditing by PAID Prescrip- tions is unfair to the pharmacists. A sample quarterly audit is conducted and the discrepancy, if any, is projected over the length of time the pharmacy has been participating in the program and billed accordingly. If the pharmacist requests a complete audit and if the routine audit projection is verified, the expense of the audit will bc the pharmacist's responsibility.

3. Some billing is rejected because a recipient's name does not appear on the state's eligibility file, causing an unnecessary delay in payment.

4. The department's regulations, which provide a lesser dispensing fee allowed for dispensing of "non-prescription" drugs, i.e. cost plus 50% even if ordered by prescription.

5. No additional dispensing fee is allowed by Department of Public Welfare for compound- ing prescriptions, which require more time than ordinary dispensing.

6. No compensation is made for prescription containers. As n result of the displeasures of the pharmacies, many pharmacists boycotted the Program shortly aftcr its inception, refusing to [ill prescriptions for welfare recipients, and demonstrated in protest. This organized opposition appears to have dissolved and the number of c~~mplaints received from recipients not able to fill prescriptions appears at this point to be virtually non-existent.

F. The Deparlrnent of Public Welfare has recently announced that they elected to have the third party payor contract re-bid instead of elect- ing the option lo re-negotiate with the PAID corporation.

The new specifications to be considered by the hidders will include:

1. An increase of the dispensing fee from $1.85 to $2.00.

2. A formula of rebating by the pharmacists to

5900 LEGISLATLVE JOURNAL-HOUSE June 29,

11. RECOMMENDATIONS 1. In order to expand the number of bidders.

thereby increasing competition, it is recommended that legislation be introduced to allow both "for profit" and "non-profit" bidders to participate in the bidding process.

2. Direct the Department of Public Welfare to maintain an eligibility file current on a daily basis. One suggestion was to install a computer terminal in each local office of the Deportment to feed current data to the Department Com- puters. If the Department's present computer is not equipped to handle this data, i t is suggested that the data retrieval system be contracted by competitive bidding.

the Commonwealth of up to 4% of the average wholesale cost of the drugs depending on the pharmacy's Department of Public Welfare's pre- sc r i~ t ion business.

3. (a) In the specification for rebidding the Prepaid Prescription Insurance Contract, the dispensing fee be increased to $2.05 to reflect the higher labor and container costs since 1974. However, eliminate that provision which mandates rebating to the state by pharmacies doing a large medical assistance volume. This clause is discriminatory, in that a pharmacy located in an area populated principally by welfare recipients might have 100% of his prescription business under the program, hut a pharmacy in a more affluent area could he doing a greater prescription dollar volume with only a small portion of that business with welfare recipients. The rationale behind the rebate clause was to equalize the cost factor of the drug products between the large and small purchaser.

(b) Increase the dispensing fee for non-prescription drugs to adequately compensate the pharmacists for the labor and paper work.

4. Direct the department to include on the bid review committees, members of the legis-

Committee meeting. I would like to ask you, if as late as tomorrow, would I be able to get a discharge resolution out yet? Would there be any effect in the Senate? Do you know anything about the Senate adjourning tomorrow?

The SPEAKER. I do not know, Mr. Zeller. Mr. ZELLER. Well, I will try it for size. Thank you

I RESOLUTION INTRODUCED The SPEAKER. The Chair recognizes the gentleman

Erom Ph~ladelphia, Mr. Richardson. Mr. RICHARDSON. Mr. Speaker, I have a resolution

I would like to introduce. I would like to know if I can have unanimous consent to address the House for 2 minutes.

The SPEAKER. Is it absolutely necessary. Mr. Rich- ardson, that you addrcss the House?

Mr. RICHARDSON. I will submit the resolution.

BILLS NOT CALLED UP The SPEAKER. Remaining bills on today's calendar are

not called up.

SENATE MESSAGE SENATE ADOPTS REPORT OF COMMITTEE OF

CONFERENCE ON HOUSE BILL No. 175

The clerk of the Senate, being introduced, informed that the Senate has adopted the report of the Committte on Conference on

HOUSE BILL No. 175

An Act amending the "Administrative Code of 1929." approved April 9, 1929 (P. L. 177, No. 175), providing for the office of Consumer Advocate in the Department of Justice for a limited period; and imposing powers and duties and making an appropriation.


lature. 5. Issue monthly I.D. Cards to eligible recipi-

ents indicating name and date of birth of family members on reverse side.

The SPEAKER. The Chair recognizes the gentleman Erom Berks, Mr. Stahl.

The SPEAKER. The Chair recognizes the gentleman from Lehigh, Mr. Zeller.

Mr. ZELLER. I am not taking this out on the majority

CONFERENCE ON HOUSE BILL No. 314

The clerk of the Senate, being introduced, informed that the Senate has adopted the report of the Commit- tee on Conference on

IIOUSE BILL No. 314 Mr. sTAHL. Mr. Speaker, pursuant to the report sub-

mitted under House reseolution No. 87, can the chairman of that make available to the minority members of the Health and Welfare Committee a copy of that report, please?

The SPEAKER. I am sure, if you consult with the gentleman privately, Mr. Stahl, he will make it available to you.

QUESTION OF INFORMATION The clerk of the Senate, being introduced, informec

that the Senate has adopted the report of the Committec on Conference on

A, ~ c t amending the act of March 4, 1971 (P. L. 6, No, 2), entitled "Tax Reform Code of 1971," further definin~ "dividends" and "compensation" and providing for taxa- tion as personal income on installment payments of rea: and personal property and further providing for ta? returns.


CONFERENCE ON SENATE BILL No. 153

leader or anyone else. AII I did was introduce a resolu- ( SENATE BILL NO. 153 tion. I know it was late yesterday when I introduced

An Act amending the act of April, 9, 1929 (P. L.. 17: this resolution. I was hoping that it would get t o the N,. 1751, "The , ~ d m ~ n i ~ t r a t ~ v ~ , code of 1929, Rules Committee. I understand there has been no Rules creating the Crlme Vlct~m's Compensation Board, pre

LEGISLATIVE J O U R N A L H O U S E -

scribing its powers and duties, providing for filing consideration and payments of claims to persons who are victims of crimes, their dependents and survivors, providing for appeals.

The clerk of the Senate, being introduced, informed( HOUSE BlLLNo. 1310

t!ces and Consumer Protection Law," prohibiting addi- t!onal unfair methods of competition and unfair or decep- t?ve acts or practices and giving additional powers end rlghts to consumers.


CONFERENCE ON SENATE BILL No. 935

HOUSE BILL No. 556

An Act amending the act of April 9, 1929 (P. L. 177, No. 175), entitled "The Administrative Code of 1929," further providing for the Pennsylvania State Police.

. that the Senate has adopted the report of the Committee on Conference on

SENATE BILL No. 935

An Act amending Titles 42 (Judiciary and Judicial Pro- cedure), 15 (Corporations and Unincorporated Associa- tions), 18 (Crimes and Offenses) and 71 (State Govefn- ment), of the Pennsylvania Consol~dated Statutes, adding revised, codified and compiled provisions relating to judiciary and judicial procedure, including certain judicially enforceable rights, duties, immunities and liabilities and separately enactmg certain related provisions of law.

The clerk of the Senate, being introduced, returned bills from the House of Representatives numbered and I

~~t providing for the approval or disapproval of applications for a permit relating to the construction or maintenance of improvements to real estate.

HOUSE BILL No. 1509

An Act amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, providing for additional penalties for possessing a firearm during the commission of certain offenses and for second and subsequent offenses and providing a penalty for carrying deadly weapons onto certain properties,

with the information that the Senate has passed the same

SENATE MESSAGE HOUSE BILLS CONCURRED IN BY SENATE

SENATE MESSAGE

with amendments in which the concurrence of the House of Representatives is requested.

The SPEAKER. The bills will appear on the calendar.

HUUSE BlLL NO. 2354

An Act amending the act of September 19. 1974 (P. L. I SENATE A - -L - . 7 . L : - -

entitled as follows:

HOUSE BILL No. 2065

An Act amending the act of May 17, 1921 (P. L. 682, No. 284), entitled "The 1nsuI.ance Companx Law of 1921," requiring a conversion privilege in certaln group accident and sickness policies and notification of certain employe organizations in the event of termination of group accident and sickness insurance contracts.

HOUSE BILL No. 2142

An Act amending the act of May 20, 1937 (P. 4. 728, No. 193) entitled "An act providing, for the creatlon of a Board of Arhitrat~on of Cla~ms,,arlslng from contracts with the Commonwealth; . . . . , changing, the title of the board and its members; transferring certa~n addit~onal jurisdiction to the court; making certain repeals; increasing the terms of court members; further providing for the compensation of court, members; providing for hearlng panels and for. additional. expenses; ch?ngl?g Pro- :edures for transcripts; provldlng for the dlspositlon of nritten complaints and providing for appeals to go to the Commonwealth Court.

AMENDED SENATE BILLS CONCURRED IN BY SENATE

The clerk of the Senate, being introduced, informed that the Senate has concurred in the amendments made by the H~~~~ of to

SEN AT^ B ~ L L NO, 848

An Act authorizing the Department of General Services, with the approval of the Governur and the Secretary of Transportation, to sell and convey to Urban Community Alternatives certain lots or pieces of ground together with buildings and improvements thereon situate in the City of Philadelphia.

SENATE BILL No, 849

An Act authorizing the Department of General Services, with the approval of the Governor and the Secretary of Transportation, to sell and convey to Queen Village Com- munity Fund of Historic Philadelphia a certain tract of land together with improvements thereon situate in the City of Philadelphia.

jq4, N ~ . 210), entitied "An act exempting physicians and fin ~ C L rrlaung to mental health procedures; providing lurses from certain liability when participating in a mass rnmUnization project approved by the pennsylvania D ~ - Iartment of Health," extending the provisions of the act .o certain societies, facilities, agencies and clinics.

With information that the Senate has passed the same vithout amendment.

SENATE MESSAGE

f W the treatment and rights of mentally disabled persons for voluntary and involuntary examination and treatment and fa determinations affecting those charged with crime or under sentence.


An Act amending Title 20 (Decedents Estates and Fidu- claries) of the Pennsylvania Consolidated Statutes, providing for estate planning in incompetents' estates.

AMENDED HOUSE BILLS RETURNEDFORCONCURRENCE


HOUSE BILL No. 485

An Act reenacting and amending the act of December I, 1968 (P. L. 1224, No. 387), entitled "Unfair Trade Prac-


An Act amending the act of December 5, 1936 (2nd Sp. SeS" 1937, P. L. 2897, No. I ) , entitled "Unemployment Compensation Law," providing for a movable base year; eliminating the word "private" from certain pension plans; providing for a percentage of benefits to he charged against certain employers; reducing the amount of c e r t~ in bonds and making editorla1 corrections.



A Supplement to the act of (P. L. , No. , entitled "Motor License Fund Supplement to the General Appropriation Act of 1916," itemizing appropriations required from the Motor License Fund for the proper operation of the several departments of the Commonwealth authorized to spend Motor License Fund moneys.

SENATE RILLS SIGNED BY SPEAKER

SENATE BILL NO. 1417 / SENATE BILL No. 1607


An Act making an appropriation to th! Philadephia Musical Academy, Philadelphia, Pennsylvanla, for malnte- nance and general operation.


An Act making an appropriation to the Academy of Natural Sciences of Philadelphia at Philadelphia, Penn- sylvania.

~~

Bills numbered and entitled as follows having been prepared for presentation to the Governor and the same being correct, the titles were read:


An Act making an appropriation to the Division of Education of the Philadelphia Museum of Art, Philadel- phia, Pennsylvania.

A Supplement to the act of ('' L' , No' ) entitled "Motor License Fund Supplement to the General Appropriation Act of 1976,fl itemizing appropriations required from the Motor License Fund for the proper operation of the several departments of the Commonwealth authorized to spend Motor License Fund moneys.


An Act making an appropriation to the Franklin Insti- tcte of the State of Pennsylvania at Philadelphia, Penn- sylvania.

SENATE BILL No, 1608

An Act making an appropriation to the Pennsylvania Academy of the Fine Arts of Philadelphia, Pennsylvan~a.

An Act making an appropriation to the Dickinson School of Law, Csrlisle, Pennsylvania.


An Act making a n appropriation to the Downingtown Industrial and Agricultural School, Downmgtown, Penn-


An Act making an appropriation to the Carnegie Mu- seum at Pittsburgh, Pennsylvania, for mamtenance and the purchase of apparatus, supplies and equipment.

SENATE EEL NO. 1611 sylvania.


An Act making an appropriation to the Delaware Valley College of Sc~ence and Agriculture at Doylestown, Penn- sylvania.


~n ~ c t making an appropriation to the Pittsburgh Whereupon, Branch of the Pennsylvania Association for the Blind, ~ h , SPEAKER, in the presence of the House, signed Inc., Pittsburgh, Pennsylvania. the same.

An Act making an appropriation to the Trustees of the Berean Training and Industrial School at Philadelphia, Pennsylvania.


An Act making a n appropriation to the Williamson Free School of Mechanical Trades in Delaware County, Penn- sylvania.

An Act making a n appropriation to the Beacon Lodge Camp for the Blind, Lewistown, Pennsylvania.



An Act making an appropriation to the Philadelphia College of Textiles and Science.


An Act making an appropriation to the Center for the Blind, Philadelphia, Pennsylvania.


An Act making an appro~+tion to. the Museum of the Philadelphia Civic Center, Phlladelphla, Penns~lvanla, for maintenance and the purchase of apparatus, supplies and equipment.

WELCOMES The SPEAKER. The Chair would like to introduce Mr.

Michael Kitsock, Schuylkill County Republican Chairman, who is here as the guest of the gentlemen from Schuyl- kill, Messrs. W. D. Hutchinson, Klingaman and Goodman.

The Chair is pleased to welcome some 18 young people from "Youth With A Mission" from West Penn Township in Schuvlkill Countv. Thev are here under the direction


An A d making an appropriation to the Johnson School of Technology of Scranton, Pennsylvania.


SENATE BILL No. 1603 Will t h e ~ o u s e agree to the motion? Motion was agreed to, and (at 8:25 p.m., e.d.t.) the An Act making appropriations to the Philadelphia Col-

adjourned, lege of Art, Philadelphia, Pennsylvania.

of Rev. Nick Savoca. They are the guests of the gentleman, Mr. K1ingaman.

ADJOURNMENT -

An Act making an appropriation to the Trustees of the Buhl Planetarium and Institute of Popular Science, Pitts- burgh, Pennsylvania.

Mr. WIGGINS moved that this House do now adjourn until Wednesday, June 30, 1976, at 9:30 a.m., e.d.t.

On the question,

19760629.pdf - PA Legislature -

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