chep - PA Legislature -

COMMONWEALTH OF PENNSYLVANIA

TUESDAY, JULY 1, 1975

Session of 1975 159th of the General Assembly Vol. 1, No. 56

HOUSE OF REPRESENTATIVES I The roll was taken and was as follows:

The House convened at 9:30 a.m., e.d.t. YEAS-197

Bradley Let us pray: Brandt

Almighty Father, whose name is love and whose life gzEy is peace, we come together this day as the inheritors ~ " t ~ r a

THE SPEAKER (Herbert Fineman) IN THE CHAIR

PRAYER

FATHER JAMES VILLA, OFM, pastor of St. Pam- philus Romau Catholic Church, Pittsburgh, Pennsylvania, guest chaplain and guest of the gentleman from Alle- gheny, Mr. Caputo, offered the following prayer:

~~~~~, J, H, Arthum Barber Beiiominl Bennett

g;;;; B,,,,~ Bitfle Blackwell Bonetto

JOURNAL APPROVED

of the vision of our forefathers who fashioned a nation where men might live as one.

Let us never forget that this vision livcs on in our midst as a task for men today and a promise for tomorrow. Grant that our national boundaries will not set limits to our love and concern. Ward off the pride that comes with possession and power. Give us the courage and the strength to he steadfast in the pursuit of justice and to build a nation that serves Yon and the Family of man. Amen.

EzF2r Ciminl Cohe" Cole cowell crawford Cumberiand Davies Dsvis.D.M.

EzE$g Dicarlo DiDonato Dietz Dornbrowskl

The SPEAKER. Are there any corrections to the Jour- nal of June 2, 1975?

If not, and without objection, the Journal is approved.

LEAVES OF ABSENCE I

E;i;,";,"';ger Fawcett

F;;chep Fisher

JOURNAI, APPROVAL POSTPONED The SPEAKER. Without objection, approval of thc

Journal for Monday, June 30, 1075, will be postponed until printed.

Geisler McGinnis George McIntyre Giammarco McLane Gillespie Mebus Giiiette Menhom Gleason Milanovich Giceson Miller, hl. E. Goodman Miller. M. E., Green Milliron Greenfield Miscevich Grieco Moehlmann Gring Morris Halverson Mrkonic Hamilton, J. H. Mullen, M. P liasay Mullen Haskell Musto Hayes, D. S. Myers Hayes, S. E. Novak Hepford Noye Hiil O'Brien Hopkins O'Connell Hutchinnon. A. O'Donneu Hutchinson, W. ~ ' ~ e e f e 1rvis "14"-r

Flaherty Foster. A. Foster, W. Fryer

Garzia Geesey

.. ikin Paneoast Johnson, J. Parker, H. S. Katz Perri Kelly, A. P. Perry 1Celiy. J. B. Petrarea Kerniek Pievsky Kistier Pitts Kiineaman Pnlifa

Lehr Rieger Letterman Ritter Lev1 RomanelU Lincoln ROSS Lynch Ruggiero Manderino Ryan Manmiller Saloom MeCali Salvatore McClatehy Scheaffer McCue Schmitt

NOT VOTING-6

Schweder Sciriea Seltzer Shane Shelhamer Shelton Shuman

.Jr. Shupnik Sirianlll Smith, E. Smith. L. Spencer Stahl

. Stapleton stout Sullivan Sweeney Taddonio Taylor Tayoun Toll Trello Tumer Ustynoski Valj centi Vann Vroon Wagner Wansace War go Weldner Westerberg Whelan Whittlesey Wilson Wilt. R. W. Wilt. W. W. Wojdak Wolrilow Wright Yahner Yohn Zearfoss Zeller Zord Zwiki

Fineman. Speaker

The SPEAKER. The Chair recognizes the majority whip.

Mr. MANDERINO. Mr. Speaker, I have no further re- cruests for leaves of absence.

Dininn1 McGraw Thomas Walsh. T. P. Hammock Richardson

The SPEAKER. One hundred ninety-seven members having indicaled their ~resence, a master roll is estab-

The SPEAKER. The Chair recognizes the minority whip.

Mr. RYAN. Mr. Speaker, I have no further requests for leaves of absence.

The SPEAKER. The Chair thanks the gentlemen.

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

master roll. Members will proceed to vote.

lished.

CALENDAR

MOTOR VEHICLES BILL ON FINAL PASSAGE POSTPONED

Agreeable to order, The bill having been called up from the postponed

calendar by Mr. BRUNNER, the House resumed con-

LEGISLATIVE JOURNAL--HOUSE July 1,

sideration on final passage of HOUSE BILL No. 210, to do today is to stimulate the sales of automobiles and PRINTER'S No. 233. entitled: 1 take off any artificial ceilings. - - -

An Act amending the "Motor Vehicles Sales Finance Other iniquities of this situation are as follows: This is

Act," approved June 28, 1947 (P. L. 1110, No. 476). fur- picking on one commodity, namely, money. HOW many ther ~roviding for finance charges for certain motor other commodities in our society are under control? Are vehicies.

-

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 Westmoreland, Mr. Schmitt.

Mr. SCHMITT. Mr. Speaker, I would like to call to the attention of the members just exactly what House bill No. 210 does. Under the present law, Mr. Speaker, the Motor Vehicle Finance Act, on new cars an add-on interest of 6 percent is permitted. For the benefit of those who might not know this, a 6-percent add-on interest, is the equivalent of almost 12 percent of simple interest such as you pay on your house mortgage.

Now this bill purports to raise that 6-percent to a 7- percent add-on, which means that actually you will be raising it on a simple-interest basis from almost 12 percent to almost 14 percent.

In view of the fact that the automobile manufacturers have seen fit to give rebates in order to encourage the sale of automobiles, it seems to me incongruous tbat they would, in turn, raise the interest rates which makes it more difficult for the purchaser of a car to buy a car.

I would also like to point out to the membership that the prime interest rate 8 months ago was 12 percent. The prime interest rate today has been reduced to about 6 % percent. So with interest rates falling, it seems to me it would be completely out of character for us to be endors- ing and supporting a bill which increases the interest rate and which continues the inflation we are all trying tc fight I ask everyone to oppose House bill No. 210.

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

Mr. SALOOM. Mr. Speaker, I also rise to oppose House bill No. 210. This is the same legislation that was voted last fall by the Governor. It was overwhelmingly defeated by this House a few weeks ago. It deals with the interest rates in adding on interest rates to your constituents who are buying automobiles.

I have read in a magazine, the U. S. News and Worlc Report, a few weeks ago that banks are out looking f o ~ mortgages, for automobile financing, or any place the1 can put money. The money seems to be plentiful f o ~ lending, and I think at this time we should defeat thi: type of legislation.

Thank you, Mr. Speaker.

your wages under control? And I ask my friends in the labor movement, would you like to have a control put on your wages? Would you like to have a control put on your legal fees, for my lawyer friends?

NO, we do not have controls on things by and large, but here we have singled out one little narrow segment of our economy and we are going to pilt a control on that, keep a control on that, at 6 percent.

I remcmhcr in the 1930's that the rate of 6-percent add- on was being used then. How many other rates have remained firm for 40 years? It is high time that we removed this inequity.

Now in the same bill, if you read the hill carefully, you will notice that other rates that are charged are far greater. For example, on used cars-2 years old or less- 9-percent add-on is permitted in same hill; used cars over 2 years of age, 12 percent. And translate that to true interest and you will find a tremendous contrast here. Why pick on new cars? This is the time when we need to stimulate new-car sales, not hinder them.

Now, finally, let us compare ourselves to our neighbors and see what do our neighbors do. Here are some figures as to our neighobrs: New York State and Delaware, 7-percent add-on; Ohio, 8-percent; Maryland, 9-pprcent.

It looks like we are a little hit out of whack in Penn- sylvania. I think we should take the bull by the horns and change this to 7 percent. Actually, we should not have a ceiling because money will flow to its hest use, and the average rate that prevails at the moment is less than that because of plentiful money. But when money be- ,?omes tight again, we do not want to hold hack on new- car sales. I strongly urge the adoption of this 7-percent rate.

The SPEAKER. The Chair recognizes the gentleman from McKean, Mr. Westerberg.

Mr. WESTERBERG. I ask that all the members in this House consider very strongly to vote for this House bill No. 210. This does not say that the interest rates must be raised, but it does allow it to go from 6 to 7 percent.

I think it is very interesting to note tbat the big problem the new-car dealers are having is selling their new cars. Actually, the used cars are moving very well these days. And it is interesting to note, too, as Mr. Vroon said, that the interest on late model used cars is the 9 percent ceiling, and on older used cars, 12 percent. But these cars are selling. The big problem is in selling the new cars and this is a lower rate.

The S P E ~ ~ ~ R , The chair recognizes the gentleman from Chester, Mr. Vroon.

Mr. VROON. Mr. Speaker, there are several inequities in this bill as it now stands. This bill goes back to 1947. The atmosphere in 1947 was one of short supply and plentiful demand. I t was natural and it was proper that a ceiling of 6 percent should be established at that tlme because that is what we needed at that time. We did no have any lack of buyers; we had a lack of automobiles.

Now the situation today is just the opposite. We now have too many automobiles; in fact the sales of the Ford Motor Company are at a 13-year low. What we need

I do not believe that this rate of interest going up from 6 to 7 percent will discourage the buying of new cars; in fact* it it very much.

I think it is not practical for us to sit here and say what this ceiling may be. I think that this must come out on the supply and demand such as so many prices are listed now, and the price of money should be based on the same thing, supply and demand.

Now it has been said that there is plenty of money for new-car iinancing, but I think it is very interesting to note that very few months ago and for some time the banks were really competing for the new-car financing. The ads would say, make the best deal you can and then

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

The SPEAKER. The Chair recognizes the gentleman from Allegheny, Mr. Trello.

Mr. TRFLLO. I rise to clarify the purpose of House bill No. 210. The purpose is not to raise the interest rate to " ----.-'

come here for the best financing deal. Actnally, it was competition.

Now I would like to have you check any of the papers -for instance, this morning's Patriot-and see if you can find one ad where the banks are encouraging you to come to finance that new-car sale. No, the banks, the lending institutions, are just the same as you and I are. When we have some money to invest, we are going to invest it where we can gain the most return on that money and with the least possible danger of losing it. And the money-lending institutions are just the same. They are going to lend this money with the highest return and the least risk. They are finding other avenues to lend this now rather than lending it on new-car sales.

I believe that we are not practical when we sit here and start saying what the value of money is; this will be found in the market the same as other goods. I think that House hill No. 210 should be passed and I urge you to vote "yes." Thank you, Mr. Speaker.

4 ~ ~ ~ C U I L .

When a truckload of cars comes from the factory to an automobile dealer, that dealer must have a check for every one of those new cars or he does not get the cars. Now the purpose of this bill is to make the money available to floor-plan these cars so they can buy them. This will serve two purposes: Number one, it would give the dealer an opportunity to stock cars. And if the dealer can stock cars, that means the factory can make them and ship them. If he does not have the money to stock them. that means the only way he is going to get a new car is bv a customer order. neriod.

they intended to lend before. The only thing that they are going to do is make themselves richer on the loans that they do make. I oppose the bill.

The SPEAKER. The Chair recognizes the gentleman from Westmoreland, Mr. Manderino.

Mr. MANDERINO. Mr. Speaker, I rise in opposition to House bill No. 210 and ask that the House reject this bill as it did the first time it was considered. To say that interest rates seek their own level, I think is just not the Pact. Everyt im~ we discuss the type of bill that we have today, the statement is made that all we are doing is removing the limit and the interest rate will he set by the marketplace. This just does not bear out. I am re- minded of the fact that it does not hear out everytime I look on the back of my credit card when I purchase gasoline. I know we are not talking about purchasing gasoline, hilt on the back of my credit card we are talking about interest rates. If you check on the back of your

~ ~~ ~~~~~- . L - - - - - - -

Another thing about the 7 percent: If the customer walks into a dealership and says, look I will buy this car but I want it at 6 percent, the dealer is not going to lose that deal for 1 percent. He will sell the cnr at 6 percent.

The main purpose of the bill is to make money available so a dealer can stock automobiles and that is the only purpose of it. Thank you.


Mr. SCHMITT. Mr. Speaker, I would just like to remind the members of the House who were here several years ago that I fought against the erosion of the usnrv principles, removing t h e ceiling from a 6-percent intere;t rate on home mortgages until it went to 9 and 9lh-percent. - - .- . at that time I made the statement that easing up on the interest rate would not make new money. It does not create any new money; it only makes those who are lending the money richer. I think that has proven to he true. I think history has shown in the last couple of years that the savings and loans and banks have accumulated multi-millions of deposits for the use of home mortgages, which they are not making even at the higher interest rate. So, the interest rate is not the inducement. I would like to point out even further that the hanks have made more money the first quarter of this year than they ever have in their history and yet they purport that they do not make the loans because ??ley are not making any profit. That fact does remain, Mr. Speaker, that they have lots of money. They are not going to lend more than

credit card or your sales slip, you will find that in some states where the limit has been set by law at 8 percent, the people with those kinds of credit cards, the same kind that you use, are paying 8 percent. If the state sets the limit at 10 percent, you pay 10 percent. If they set it at 15 percent, you pay 15 percent.

I have here the back of a well-known credit-card slip that shows interest rates on that same credit card paying anywhere from 8 percent to 18 percent. So to say that interest seeks its own level is just begging the question. It does not happen that way in the marketplace. Many people will be paying the higher rates simply because we in the legislature said that they are permitted to pay that higher rate.

At the time the impetus for this bill first arose, the marketplace was in some sort of difficulty. At that time the prime rate was almost 12 percent: 11% percent. That was back in October 1974, and we passed a bill at that time to do what House bill No. 210 purports to do, and it was vetoed by the Governor as being not in the best interest of the consumer. Since that time the prime rate has steadily declined. From October of 1974 when it was over 11% percent, it has declined to the point now that it is under I percent. The reason for the bill no longer exists, if it had reason in October of 1974.

I urge every member of the House to vote in the negative on this bill and not to allow your constituents and my constituents to be paying rates of interest unwarranted, unwarranted, under the present circumstances. Thank you, Mr. Speaker.

Vie SPEAKER. The Chair recognizes the gentleman from Chester, Mr. Vroon.

Mr. VROON. Mr. Speaker, there was a statement made by Mr. Manderino which is certainly contrary to fact and I have in my hand the necessary evidence to disprove what he says. Do interest rates seek their own level? Positively. Let me read from the Wall Street Journal, June 24, as follows:

Interest Rates Decline On Consumer Credit Interest rates on consumer-installment credit

declined in May, the Federal Reserve Board said. The average rate on loans for new cars eased to

11.39%-that is true interest-from April's 11.44% and the rate for mobile homes dropped to 11.57% from 11.78%.

1778 LEGISLATIVE JOURNAG-HOUSE July 1,

The interest rates for other consuaer goods de- I What this bill does is just exactly contrary or op- clined to 13.11 percent. I posite to what this article purports.

Notice the gap, 13.11; that is higher from 13.32. The rate for other personal expenditures fell to

11.41 nercent from 13.55 oercent.

Now, I ask you, does the money market respond? This is full proof positive that money will seek its best use. It is not a matter of charging people a fixed rate of 7 percent from here on in; it is just a matter of lifting an un- realistic ceiling. Then the marketplace will set the rates, and those who have good credit will get good interest rates, believe me, and there will be competition. This is what we want to stimulate, competition for money.

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:

YEAS-85

Anderson. J. H. Glearon Mebus Spencer Arthurs Greenfield M i M E . Stahl Bennett Grieco Miller. M. E., Jr. Stout Heren Gring Miscevich Sullivan Bittle Halverson Moehimann Trella Bonetto IIaskell Noye Turner Brandt Hayes, D. S. O'Connell Vroon Brunner Hepiord Pancoast Warga

The SPEAKER. Thc Chair recognizes the gentleman 1 r ,utera Hill Pitts Weidner

from Bucks, Mr. Renninger. Mr. RENNINGER. Thank you, Mr. Speaker. I rise in support of this legislation. I think that there

is some weird idea heine ner~etra ted on the floor bv the

business community where they ought to be. If this state is not hit by unemployment. I do not know which one is.

Ciminl EIopkins Polite Wcsterbcrg Crawford IIutchinson, A. Prcndergast Whelan Cumberland Hutchinson. w. Rappaport Whittiesey

Kelly, A. P. Rcnnlngcr g:; i~,s~,~, Kowalyshyn RenwicR wilt . R. W. Wilt, w. w. n,~?. w . . ~ ~ ~ -:.*-- TX~~-,.~I~... - . .

opponents of this bill. But what Pennsylvania does is going to affect the national economy. The national economy is not within the control of this legislature, and all you do by putting these kinds of rate limitations on or maintaining them is to drive Pennsylvanians out of the

- ~

I think that this is all interrelated. I strongly support this bill and would advise the House to stop playing economist, because that is one thing we are not. There is no question that interest rates are going to go up again and everybody knows it as soon as the Feds start to put the brakes on. We want our dealers and we want our people who work in the automobile industry to have an opportunity to make a living, and I am talking about the people who are at our plants at United States Steel, and what not, who are in the automobile industry who are on layoffs now. Let us help them.

Thank you very much.


Mr. SCHMITT. Mr. Speaker, I also have an article here from the Wall Street Journal. I would like to make the point that when a purveyor of money buys money cheap, he should he able to sell it cheap. And I am just going ta refer to part of the article so as not to belabor the point.

*."""- .... Doyle LaMarea Ryan wright Dreibelbis Lehr Scheaffer Yohn Englehart Letterman scirica zearfoss Faweett Lynch Seltzer

~ ~ ~ ~ ~ : ; ~ , McClatchy Shuman Fineman, McGinnis Smith, E. Speaker

Gallen I\lanmiiler Smith. L.

I t says: The First National Citv bank vesterdav low-

ered its interest rate for prime business loans to 6 % percent, the lowest level for the bellweather loan rate in more than two years. City Bank trimmed its rate from 7 percent after Federal Reserve reports showed that a surge in the nation's money supply lowered loan demand at major New York banks in lower short term interest rates. The prime rate has not been below 7 percent at the major banks since March of 1973 when interest rates were on the rise.

I am going to leave some of this out, Mr. Speaker, because everybody is getting tired of this subject. But let me just make this point:

The decline reflects the easing of credit by the Federal to make more money available to fight the recession.

Abraham Berlin BerSOn Blackwell Bradley Burn4 Caouto ~ e i s a r Cohen Cole Cowell DeMedlo Deverter

A -- Fischer Fisher Fiahertr Fryer Gallagher Garzia GeeseY

Geisler McLane George Menhorn Giamlnareo Milanovich Gillette milli iron Goodman Mrkonic Green Morris Hamilton, J. H. Mullen. M. P. Hasay Mulien Haves. S . E. Musto 1rvir Myers Itkin Navak Katz O'Brien Kelly. 3 . B. O'Donnell Kernick O'Keefe Klingaman Oliver Knepper Parker. H. S . Kolter Perri Laudadio Perm Laughlin ~ e t r i r c a Lederer Pratt Levi Pyles Lincoln Reed Manderino Rhodes McCall Rieger McIntyre Romanelli

-~~~~~~~

Salvstore Sehmitt Schweder Shane Shelhamer Shelton Shupllik Sirianni Stapleton swceney Taddonio Taylor Tayoun Toll Ustynoski Vann Wansacz Wilson Yahner Zelier Zard Zwikl

NOT VOTING-17

Barber Hammock McGraw Valicenti Bellominl Johnson. J. Pievsky Wagner Dininni Kistler Richardson Walsh, T. P Gillespie McCue Thomas Wojdak Gieeson

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

LABOR RELATIONS BILL ON FINAL PASSAGE POSTPONED

Agreeable to order, The bill having been called up from the postponed

cilendar by Mr. SULLIVAN, the House resumed consideration b n final passage of HOUSE BILL No. 528, PRINTER'S No. 1518, entitled:

An Act amending the "Child Labor Law," approved May 13, 1915 (P. L. 286, No. 177), authorizing the employment of minors as entertainers in certain licensed estah- lishments.

1975. LEGISLATIVE J O U R N A L H O U S E 1779

recorded as voting in the positive. Agreeable to the provision of the Constitution, the yeas The SPEAKER, The remarks of the gentleman will he and nays will now be taken. spread upon the record.

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?

Barber Bellomini Bennett Beren Berm

The SPEAKER. The gentleman will state it. Mr. SALVATORE. Mr. Speaker, on House bill No.

2!0. I inadvertently voted in the neeative. I want to be

Bradley Burns Butera Cohen Cowell Crawford Cumherland DiDonato Doyle Dreihelbis Enalehart Fisher Gallaeher ~ a r z i i George Giammareo

Abraham Anderson, J. H. Arthurs Bittle Bunetto Brandt Brunner Caputo Cessar Cirninl Cole Davies Davls. D. M. DeMedlo Devcrter Dicarlo Diet= Dombrowskl Dorr Eekensberger Fawcett Fee Fiseher Flaherty Foster, A. Foster. W.

Gleason Miller, M. E. Schweder Greenfield Mlller. M. E.. Jr. Sclrlca -~~-.. Hanay Iiopkins Itkin Johnson. J. Kelly, A. P. Kelly, J. B. Kernick Kolter

Lcttcrman Mandrrino Manmiller MeGinnis McIntyre MeLane Mebus

Milliron Mullen Musto Myers O'Connell O'Keefe Oliver Petrarca Pra t t Prendergast R a p ~ a p o r t Reed Renninger Rcnwiek Rieger Ritter Ross Ruggiero Ryan se1nom

Shelton Shupnik Smith. E. Stapleton Sullivan Tayoun Toll Vann Wansacr Wargo Westerberg Wheian Worrllow Wright Yahner Yohn Zesrfors Zwiki

Fineman. Milanovieh Salvatore Speakel

Fryer Lev1 Schmitt Gallen Lincoln R ~ l t r ~ r - . . . . . . Gees~ey ~ y n c h Shane Geisler McCall Shclhamer Gillette MeClatchy Shuman Gondrnan Menharn Siriannl Green Gring Balverson Hamilton. J. H. Hsskell Hayes. D. S. Hayes, S.E. Hepford Hill Hutchins0n.A. Hutchinson, W. Irvis Kats Kistler Klingaman Knepper Kusse Laughlin Lehr

Misceiich Moehimann Morris Mrkonic Mullen, M. P. Novak No ye O'Bricn O'Donnell Pancoast Parker, H. S . perri Per ry Pitts Polite PyLeS Rhodes RomanelU Scheaffer

NOT VOTING-12

smith. L. Spencer Stahl s t ou t Sweeney Taddonio Taylor Trello Turner ustynoski Vloon Wagner Weidner Whittlesey Wilson Wilt. R. W. Wilt. W. W. Zeller Zard

The Chair recognizes the gentleman from Chester, Mr. Smith.

Mr. E. H. SMITI1. Mr. Speaker, I inadvertently voted "aye" on House bill No. 528. I would like to be recorded as voting "no."

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

I REQUEST TO DEFER PERSONAL PRIVILEGES

I BILLS ON THIRD CONSIDERATION

.

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

bill No. 78, printer's No. 1096, entitled:

The SPEAKER. The Chair again requests the members of the House, if they want to correct their voting record, to wait until a bill has been processed through to final vote, lnbetween bills, rather than to interrupt the debate or process that is taking place on any particular bill.

An Act amending the "Beauty Culture Law," approved I May 3, 1933 (P. L. 242, No. 86), further providing for temporary licenses for shop owners.

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


The qnestion is, Shall the bill pass finally?


Agreeable to the provision of the constitution, the yeas and nays were talrcn and were as follows:

Dininnl Hammock Pievslry Vallcenti Gillespie McCue Richardson Walsh. T. P. Gleeson McGraw Thomas Wojdak

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

WELCOME The SPEAKER. The Chair would like to acknowledge

the presence today of some guests of the gentleman, Mr. Kusse: Mrs. Freda Craker and her children, Dennis, George and Cathy.

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

from Philadelphia, Mr. Salvatore. For what purpose does the gentleman rise?

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

YEAS-183

Abraham Geese7 McTntyre Schmitt Anderson. J. El. Geisier MrLme Sehwrder &rthu= George Mebus Scirica Carher Giammareo Menham Seltzer

Gillette Milanovjch Shane Beren Gieason Miller, M. E. Shelhamer Berlin Goodman Miller. M. E.. Jr. Shelton Berson Green Milliron Shuman ~ i t t l e Greenfield Miscevlch Shupnik Blackwell Grieca nloehlmann Sirianni fi;,"';:; Gring orris Smith. E.

Halrcrson Mrkonic Smlth. L. ~ ~ ~ ~ d t ~rnsny Mullm. M. P. Spencer

IIaskell Mvllen Stahl €',urns ITayes, D. S. Mcisto Stspleton Rutera IIoyes. S. E. Myers s tout Caputo Hepford Novak Sullivan ccssar c i m i n ~

Hill Noye Sweeney Hopklns WBrien Tadnonio

Cohen Hutchinson. A. O'Connell Tavlor Cole ~ i ~ t ~ h i n ~ ~ n . W. o ' ~ e e f e TOII EPY::Lrd ~ r v i i Oliver Trello

Itkin Pancoast Turner Cumberland Johnson. J. Parker, H. S. Usfynoski

Katz Perri Ez:jz; D,M. A, p, Perry v a n n Vroon DeMedlo Kelly. J. B. Petrsrca Wagner

1180 LEGISLATIVE J O U R N A k H O U S E July 1,

Doyle Dreibelbis Eckensberger Englehart Fawcett Fee Fischer Fisher Flaherty Foster. A. Foster. W. Fryer Gallagher Gailen Garria

Kernick Pitts Klingaman Polite Kolter Pratt Kowaiynhyn Prendergart Kusse Pyies LaMat'ca Rappaport Laududio Reed L'aughlin Renninger Lederer Rcnwick Lehr Rhodes Letterman Rieger Levi Ritter Lincoln Romanelli Lynch ROSS Manderino Ruggiero Manmiller Ryen McCall Saloom MeClatchy Salvatore McGinnis ScbeaRer

N A Y S 4

Wargo Weidner Westerberg Whelan Whittlesey Wilson Wllt, R. W. Wilt. W. w. Worrilow Wright Yahner Yohn Zcller Zord Zwikl

Fineman. Speaker

Abraham Anderson. 3. H. Arthurs Barber Bennett Beren Berlln Berron Bittle Blackwell Bonetto Bradley Brandt Rrunner Burns Butera Caputo Cessar Cimini Cohen

Ham~lton. J. H. Knepper O'Donnell Zemfoss Cumberland

NOT VOTING-I 6 I Davles navi. n M.

firmative. 1 Englehart

Ordered, That the clerk present the same to the Senate for concurrence. Flaherty

Foster. A.

Bellorninl Gleeson 3lcGraw Thomas DiDonato aammock Pievsky Valicenti Dininni K i~ t l e r Richardson Walsh. T. P. Giilespie MeCue Tayoun Wojdek

/ ~ & t & ; W. REQUEST TO CHANGE VOTE i ~ 1 " : ~ ~ ~

- - DeMedio Deverter Diearla DiDonato Dombrowslri

The majority required by the constitution having voted E;,"f;elbis in the affirmative, the question was determined in the af- / xckensberger

Did the gentleman not just hear the Speaker only 2 minutes ago make an announcement about correcting the voting record?

Mr. GRIECO. Mr. Speaker, I was up 2 minutes ago. The SPEAKER. For the benefit of the membership.

let the Speaker again repeat the instructions. If you desire to correct the voting record, the Chair will be pleased to recognize you at the conclusion of the voting on any particular hill, not when we are voting on a bill to which your correction has no application.

Mr. GRIECO. Thank you, Mr. Speaker.

The SPEAKER. The Chair recognizes the gentleman

Agreeable to order, The House proceeded to thlrd consideration of House

bill No. 258, printer's No. 1791, entitled: 1

from Lycoming, Mr. Grieco. For what purpose does the gentleman rise?

Mr. GRIECO. Mr. Speaker, I would like to change my

An Act amending the "Snowmobile Law," approved August 12, 1971 (P. L. 299, No. 75). further providing for operation of snowmobiles.

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

Crawford Dietr D~~~

Gar2111 McClatchy Gelsler MeGinnb George McIntyre Giarnmarco McI.ane Gliiette Mebus Gleason Menhorn Goodman Milanovich Green Miller. M. E. Greenfield Miller. M. E.. Jr. r.riero Milliron

vote on House bill No. 528. I Faweett F ixher

The SPEAKER. Will the gentleman yield? 1 Gallen

Grlng Miscevieh Halvemon Morris Hamilton. J. E. Mrkonic Hasay Mullen Haskell Mulien. M. P. Haves. D. S. Must0 ~ e b f a r d Myers Hill Novak Hopkins O'Bden Hutchinson, W. O'Connell Irvis O'Donnell Itkln O'Keefe Johnson, 3. Oliver Kata Parker. H. S. ~ e l l y . A. P. Perri Kclly. J. B. Perry Kernick P e t r a r ~ a Knepper Polite Koiter Pratt ~owa lyshyn Prendergast LaMarea Rappaport Laudadio Reed Laughlin Rennlnger r . ~ . a ~ r e r Renwick -. . - - . - Lehr uhodes Letternan Rieger Lincoln Romanelli Lvnch ROSS ~ a n d e r i n o Ruggiero nTanmiller Saloom McCall Salvatore

Hayes, S. E. Noye Hutchins0n.A. Pancosst Klingaman Pitts Kusre Pyles Lev1 Ritter nloehlmann Smith, E.

Scheaffer Sehmitt Schweder Sdrlea Seltzer Snane Shelhamel Shelton Shuman S h u ~ n i k s i r i inni Smith, L. Spencer Stapleton stout

Taylor Toll Trello Turner Ustynosld Vann Wansacz Wargo WeidneF Whelm Whittlesey Wilson Wilt. R. W. Wilt. W. w Worrilow Wright Yahner Yohn Zeller Zwikl

Ffneman. Speaker

Stahl Vroon Wagner Westerberg Zearfons Zord

Geesey

NOT VOTING-17

Bellomlnl Kistler ~ i cha rdson Thomas Dininni McCue Ryan Valieentl Gillesple MeGraw Sullivan Walsh, T. P. lees son Pievsky Tayoun Wojdak Hammo&

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


from Lycoming, Mr. Grieco. For what purpose does the gentleman rise?

Mr. GRIECO. I rise to a question of personal privilege. The SPEAKER. The gentleman will state it. Mr. GRIECO. Thank you, Mr. Speaker. On House bill No. 528, I would like to change my vote

The SPEAKER. This bill has been considered on three to different days and agreed to and is now on final passage. The SPEAKER. The remarks of the gentleman will he

The question is, Shall the bill pass finally? spread upon the record.

On the question recurring, Shall the hill pass finally?


The Chair recognizes the gentleman from Bucks, Mr. Renninger.

Mr. RENNINGER. Mr. Speaker, I believe my switch is defective. I would like to be recorded in the affirmative on House bill No. 528.

1975. LEGISLATIVE JOURNAL-HOUSE 1781


The Chair recognizes the gentleman from McKean, Mr. Westerberg.

Mr. WESTERBERG. Mr. Speaker, on House bill No. 528, printer's No. 1518, I voted "yes" on that. I would like to have my vote changed to "no," please.


The Chair recognizes the gentleman from Allegheny, Mr. Itkin.

Mr. ITKIN. Mr. Speaker, on House bill No. 528, I inadvertently voted in the affirmative. I would like to be recorded in the negative, please.

The SPEAKER. The remarks of the gentleman will be noted for the record.



An Act amending "The Clean Streams Law," approved June 22, 1937 (P. L. 1987. No. 394), permitting the Dewart- meut of Environmental Resources to certify certain laho- ratories.

On the question, Will the House agree to the hill on third consideration?

BILL RECOMMITTED I The SPEAKER. The Chair recognizes the gentleman

from Blair, Mr. Wilt. Mr. W. W. WILT Mr Speaker, I attempted last week

to have this hill recommitted. It has been replaced with another bill. This bill should he recommitted to the Com- mittee on Conservation.

The SPEAKER. Well, will the gentleman make a motion?

Mr. W. W. WILT. I so move, Mr. Speaker. The SPEAKER. Is the motion to recommit agreeable

to the primary sponsor? Is the gentleman, Mr. Yahner, agreeable to a recon~mittal motion on House bill No. 304?

Mr. YAHNER. Yes, Mr. Speaker.

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

Agreeahle to order, The House proceeded to third consideratlon of Howe

Anderson. J. H. Arthurs Barber Bellomini Bennett Belen Berlin BerSon Bittle Blackwell Bonetto Bradley Brandt brunner Burns Butera Caputo Cessar Cimini Cohen Cole Cowell Craivford Cumberland Davies Davis. D. M. DeMedio Deverter Dicario DlDonato Dietr DombrowskI Dorr Uoyie Drelbelbis Ecken~berger Engiehart Fawcett Fe? Fiseher Fisher Flaherty Foster. A. Foster. W. Fryer

Hamilton. J. H.

N Y S 4

Katr Salvatore

NOT VOTING-17

Sehmitt Schweder Seirica Seltzer Shane Shelhamer Sheiton Shuman Shupnik Slrlallnl Smith. E. Smith. L. Spencer Stapleton s t o u t Swecney Taddonio Taylor Toll Trello Turner Ustynoski Vann Vroon Wagner Wansace Wargo Weidnrr Westerberg Wheian whittiesey Wilson wiit. H. w. Wilt. w. W. worrilow Wright Yahner Yohn zearioss Zeiler Zord Zaikl

Dinlnnl LaMarea Richardson Thomas Gillesple hlcCue Ryan Valicenti Gleeson McGraw Sullivan Walsh, T. P. Hammock Pievsky Tayoun Wojdak Kistier

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



bill No. 332, printer's No. 363, entitled: I An Act amend in^ "The General County Assessment




Agreeable to the provision of the Constitution, the yeas and nays will now be taken.

YES-182

Abraham Gallagher McClatchy Scheaffer

Will the House agree to the bill on third consideration? Rill was agreed to.




Abraham Garzia McIntyre Schweder Anderson, J. H. Geerey McLane Scirica Arthurs Geirler Mebus Seltzer

1782 LEGISLATIVE J O U R N A L H O U S E July 1,

Barber George Menhorn Shane Bennett Giammareo Milanovich Shelhamer Beren Gillette Miller, M. E. Shelton Berlin Gleason Miller, M. E.. Jr . Shuman Berson Goodman Milliron Shupnik Bittle Green Miscevich Sirianni Blackwell Greenfield Mochlmann Smith, E. Bonetto Grieco Morris Smith. L. Bradley Gring Mrkonic Spencer Brandt Halverson Mullen. M. P. Stapleton Brunner Hasay Mullen Stout Burns Haskell Must0 Sweeney Butera Hayes. D. S. Myers Tsddonio Caputo Hayes. S. E. Novak Taylor Cessar Hepford Noye Tayoun Ciminl Hill O'Brien Toll Cohen Hopklns O'Connell Trello Cole Hutchinson, A. O'Donnell Turner Cowell Hutchinson, W. O'Keefe Ustynoski Crawford Irvis Oliver Vann Cumberland Itkin Pancoast Vroon Davies Johnson. J. Parker, H. S. Wagner Davls. D. M. Kelly. A. P. Perri Wanaacr DeMedio Kelly. J. B. Perry Wargo Deverter Kcmick Petrarca Weidner Diearlo Klingaman Pittr Westerberg DiDonato Knepper Polite Wheian Dietz Kolter Pralt Whittlesry DombrowsM Kowalyshyn Prendergast Wilson Dorr Kusse Pyles Wilt. R. W. Doyle LaMarca Rappaport Wilt. W. W. Dreibelbls Laudadia Reed Wojdak Eckensberger Laughlin Renninger Worrilow Englehart Lederer Renwick Wright Fawcett Lehr Rhodea Yahner Fee Letterman Rieger Yohn Fischer Levi Ritter ZeaHoss Fisher Lincoln Romanelli Zeller Flaherty Lynch Ross Zord Foster. A. Manderino Ruggiero Zwikl Foster. W. Manmiller Ryan F ~ y e r McCall Saloom Fineman. Gallagher MeClatchy Seheaffer Speaker Gallen MeGinnis Schmitt

N A Y S 4 Hamilton, J. H. Katz Salvatore Stahl

NOT VOTING-14

Pievsky Bellorninl Hammock Thomas Dininnl Kistler Rlchardson Valicenti Gillespie MeCue Sullivan Walsh. T. P . Gleeson NIcGraw

The majority required hy 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.



An Act amending "The Local Tax Enabling Act," approved December 31, 1965 (P. L. 1257, No. 511), providing for notice to employes prior to filing a notice and demand for collection of delinquent taxes with employers.



The question is, shall the hill pass finally?

Agreeable to the provision of the Constitution. the yeas nnrl nays will now be taken.

YEAS-187

Abraham Geesey McGlnnis Sehmltt Anderson, J . H. Gelsler McIntyre Schweder Arthurs George MeLane Seirica Barber Giammarea Mebus Seltzer Bennett Glllette Menhorn Shane

Beren Gleason Milanovich Shelhamer Berlin Goodman M i l l M. E. Shelton Berson Green Miller, M. E.. Jr. Shuman Bittle Greenfield Milliron Shupnjk Blackwell Grieeo Miseevich Sirianni Bonetto Gring Moehlmann Smith, E. Bradley Halverson Morris Smith, L. Brandt Hamilton. J. H. Mrkonic Spencer Brunner HBSBY Mullen Stahl Bums Iiaskell Mullen, M. P. Stapleton Butera Hayes. D. S. Musto Stout Caputo Hayes. S. E. Myers Sweeney Cessar Hepford Nuvak Taddonio Ciminl Hill Noye Taylor Cohen Hopkins O'Brien Toll Cole Hutchlnson. A. O'Connell Trello Cowell Hutchinson. W. O'Donnell Turner Crawford Irvis O'ICeeic Ustynoski cumberland Itkin Oliver Vann Davfes Johnson, J. Paneoast Vroon Davis. D. M. Kata Parker, H. S. Wagner DeMedlo ~ e l l y . A. P. Perri Wansaez Deverter Kelly, J. B. Perry Wargo Diearlo Kerniek Petrarea Weidner DiDonato Klingarnan Pitts Westerberg Dietz ICnepper Polite Whelan DombrowW Kolter Pratt Whittle~ey Dorr ~ ~ ~ ~ l ~ ~ h ~ ~ Prcndergast Wilson Doyle Kusse Pyles Wilt. R. W. Dreibelbis LaMarca Rappaport Wilt. W. W. Eckensberger Laudadio Reed Wojdak Englehart Laushlin Renninger WorWlou' Fawcett Lederer Renwiek Wright Fee Lehr Rhodes Yahner Fischer Letternan Rieger Yohn Fisher Levi Ritter Zearfo~s Flaherty Lincoln Romanelli Zeller Foster. A. Lynch ROSS Zord Foster. W. Mandellno Ruggiero Zwikl Fryer Manmiller Ryan Calla~.her McCall Saloom Fineman, Gallen MeClatchy Scheaffer Speakel. Garzia

NAYS-0

NOT VOTING-16

Bellomlnl Hammock Pievsky Tayoun Dininni Kistler Richardson Thomas Gillespie McCue Salvatore ValieenU Gleeson McGraw Sullivan Walsh. T. P.

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




An Act amending the "Liquor Code," approved April 12, 1951 (P. L. 90, No. 21), further regulating the transfer of a license.

On the question, Will the House agree to the hill on third consideration? Mr. LETTERMAN requested and obtained unanimous

consent to offer the following amendments, which were read:

Amend Title, page 1, line 17, by removing the period after "license" and insertmg: and Sunday sales.

Amend Bill, page 2, by inserting after line 26: Section 3. Subsection (a) of section 406 and the first

paragraph of clause (5) of section 492 of the act, amended March 53 1973 (P. L. is amended read:

Section 406. Sales by Liquor Licensees; Restrictions.- (a) Every hotel, restaurant or club liquor licensee may sell liquor and malt or brewed beverages by the glass, open bottle or other container, and in any mixture, for consumption only in that part of the hotel or restaurant habitually used for the serving of food to guests or pa- trons, and in the case of hotels, to guests, and in the case of clubs, to members, in their private rooms in the hotel or club. No club licensee nor its officers, servants,

LEGISLATIVE JOURNALHOUSE


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

Brandt Hamilton. J. H. Mrkonie Stapleton Burns Haskell Mullcn Stout Caputo Aayes. D. S. Musto Sweeney Cessar Hayes. S. E. Myers Taddanio Cimini Hepford Novak Taylor Cohen Fiill Noye T a ~ o u n Cole Hopkins O'nonnell Toll Cowell Hcdehinson. A. O'Keefe Trello Crawford Hutchinson, W. Oliver Turner Cumherland Irvis Pancoast Vann Davis. D.M. Itkin Parker. H. S. Vroon DeMedio Johnson. J. Perri Weidner Deverter Katz Perry Westerberg Dicarlo Kelly, A. P. Pctrarca Whelan DiDanato Kelly. J. B. Pitts Whittlesey Dietz Kernick Polite wllson DornbroWSkl r~ is t le r Pratt wilt. R. W. DO"' Klingaman P ~ l e s Wilt. W. W. Doyle Knepper Rappaport Wojdak Dreibelbfs Kolter Reed Worrilow Eckensberger Kowalyshyn Rhodes Wright Pnglehart KLISS~ Rieger Yohn Fawcett 1,aughlin Ritter Zearfoss Fee Lrderer Romanelli Zeller Fischer Lrhr Ross zord Fisher Levi Ruq~iero Zwikl Flaherty Lincoln Saloom Foster, A. Lynch Schraffcr Finernan. Foster. W. Manderlno Schmitt Speaker Gallagher

NOT VOTING-18

Biltera MrCue Riehsrd~on Thomas Dininn! 1N~Graw Ryan Ustynoski Gillewie Mrnhorn Shsne Valicenti Gleeson Mullen. M. P. Sullivan walsh, T, P, Hammock Picvsky

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

On the question recurring, Will the House agree to the hill on third consideration? M ~ . O'CONNELL requested and obtained unanimous

to the fallowing amendments, which read:

Amend Title, page 1, line 17, by inserting after "transfer": or surrender

Amend Bill, page 2, by inserting after line 2: Section 3. The act 1s amended by adding a section to

read: Section 475. Surrender of License Because of Local

Disaster or Physical Catastrophe.-Any licensee whose license has been surrendered for safekeeping to the Pennsylvania Liquor Control Board because of a local disaster or a physical catastrophe involving the premises shall be permitted to lift that license and resume operation of the licensed business at any time within three years of its surrender.

The SPEAKER. The Chair recognizes the gentleman from Luzerne, Mr. O'Connell.

Mr. O'CONNELL. Mr. Speaker, this amendment to Hcusc bill No. 527 is intended to help a service club that has, to some degree, been aggrieved because of the existing law. This Legion was completely wiped out in the Agnes disaster and was forced to surrender its license for safekeeping. The law demands that this license be relinquished if it is not taken from safekeeping in a period of 2 years.

What I am suggesting in this amendment is, in the instances of a disaster or a physical catastrophe, any licensee whose license has hcen surrendered for safekeeping to the Liquor Control Board because of this disaster will have an extended period of time of 1 year. I would ask an affirmative vote.

The SPEAKER. The Chair recognizes the lady from Philadelphia, Mrs. Toll.

Mrs. TOLL. Mr. Speaker, I agree to this amendment.

The SPEAKER. The Chair recognizes the gentleman from Lycoming, Mr. Grieco.

Mr. GRIECO. Mr. Speaker, I agree with the amendment. I am asking my colleagues to vote for the amendment. Thank you.

On the question recurring, Will the House agree to the amendments? Amendments were agreed to.

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

consideration? Mr. O'CONNELL requested and obtained unanimous


Amend Title, page 1, line 16, by inserting after "laws," ": providing for veterans' organization licenses and

Amend Bill, page 1, by inserting between lines 19 and 20:

Section 1. The act of April 12, 1051 (P. L. 90, No. 21), known as the "Liquor Code," is amended by adding a section to read:

Section 401.1. Veterans' Organizations.-(a) The board. upon receipt of a liquor license application from any veterans organization in existence five (5 ) . years prior to the effective date of this act and a f f~ l~a ted wlth a nationally chartered veterans' organization, shall Issue a club liquor license restricted to a veterans' organization without regard to any existing license quota system.

(b) A veterans' organization as defined in subsection (a) of this section shall have the,right to purchase any club or restaurant liquor license w ~ t h l n the county where the organization is located, and, upon application to the board have the club or restaurant liquor license re- designated as a club liquor license restricted to a veterans' organization.

(c) Any club liquor license restricted to a veterans' organization shall be transferable only to another nationally chartered veterans' organization within the

Set, page line 20, by striking out and inserting: 2.

set, 1, 1, lines 20 and 21 by striking out .a, act of April 12, 1951 (P, L, No, 21), known as the

2 8 and inserting: of the act set, 2, page 2, line 12 by striking out -2," and

inserting: 3,


The SPEAKER. The Chair recognizes the gentleman from Luzerne, Mr. O'Connell.

Mr. O'CONNELL. Thank you, Mr. Speaker. This is an amendment that was offered last year and

this is again to assist veterans' organizations. This would permit veterans' organizations to buy existing licenses and mandate that the Liquor Control Board convert them to club-type licenses.

In the Commonwealth now, there is a means available which is a circumvention of the existing law. Clubs can comply but it is rather distressing. This is for chartered veterans' organizations only. They must be in business for 5 years and they cannot transfer their license to any but a veterans' organization. I would request a n affirmative vote.

The SPEAKER. The Chair recognizes the gentleman from Lehigh, Mr. Eckensberger.

Mr. ECKENSRERGER. Mr. Speaker, I may want to

LEGISLATIVE JOURNALHOUSE

(h) A veterans' organization as defined in subsection (a) of this section shall have the right to purchase any cluh or restaurant liquor license within the county where the organization is located, and, upon application to the board have the club or restaurant liquor license re- designated as a club liquor i~cense restricted to a veterans' orranization.

vote for this amendment, but I do not have a copy and I do not think any of the members in the immediate vicinity have a copy.

The SPEAKER. Have copies of the amendment been distributed, Mr. O'Connell?

Mr. O'CONNELL. Yes, sir, they were some time back. I will givc this gentleman a copy.

The SPEAKER. How many members do not have copies of the amendment on their desks?

The Chair recognizes the gentleman from Luzerne, Mr. O'Connell.

Mr. O'CONNELL. Mr. Speaker, to enlighten the gentleman-

The SPEAKER. Will the gentleman yield for just a moment?

If the members will please take their seats, I would ask the gentleman, Mr. O'Connell, if he would slowly read the amendment once again to the membership word for word.

Mr. O'CONNELL. This is precisely the amendment the gentleman sponsored. The amendment reads:

Amend Section 1.- Section 401-1. Veterans Organizations.-(a) The baard.

upon reteipt of a liquor license application from any veterans' organization in existence five (5) years prior to the effective date of this act and affiliated with a nationally chartered veterans' organization, shall issue a club liquor license restricted to a veterans' organization without regard to any existing license quota system. . .

Mr. O'CONT\;ELL. No, if that is true, I would have to tc::~ a good look at it. It was not intended that way. i t was intended that the board would be mandated. however, to ccnvert the license from an existing restaurant license to club privileges.

The SPEAKER. The Chair thanks the gentleman.

Mr. SHELHAMER. Now the second part of the amendment, does that refer that once the veterans purchase their license that it shall then remain as a veterans' club license?

Mr. O'CONNELL. That is right. It can only he purchased by another nationally chartered veterans' organization.

Mr. SHELHAMER. Thank you, Mr. Speaker. Mr. O'CONNELL. I v~olild ask an affirmative vote. The SPEAKER. May I ask a question of the gentle-

,,,, &[,.. o9connell? This says that the hoard "shall issue." That is a

mandatory direction. Do you not mean to say that it may issue? In other words, merely on receipt of an application, without regard to any factor other than the fact that it has been in existcnce for 5 years, the board mandatorlly must issue a license without regard to qua!ifirations or anything else other than that you have been in existence for 5 years?

Mr. O'CONNELL. Well. I think that the other requirements would have to h r mct, Mr. Sppaker. There i s nothing, ycu lmow, changing the law as far as finan- cial stabi!ity and other requirements are concerned. They would have to he chartered; they would have to, you knovr, produce the necessary documents in the application or the board could reject it.

he SPEAKER. well, that is not what this language though.

~{i:l the gentleman for just a moment until the gentlemail. Mr. O'Connell. has an opportunity t o respond?

(c) -4ny club licluor license restricted to a veterans' organization shall he transferable only to another nationally chartered veterans' organization with "that

'.. 9 1

The Chair recognizes the gentleman from Clearfield, George,

Mr. GEORGE. Mr. Speaker, would Mr. O'Connell con-

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

Mr. SHELHAMER. Mr. Speaker, may I interrogate the gentleman?

~h~ SPEAKER, will the gentleman, MT. orconnell, consent to interrogation?

Mr. O'CONNELL. Yes, sir, I will, Mr. Speaker. The SPEAKER. The gentleman may proceed. Mr. SHELHAMER. Thank you, Mr. Speaker. Mr. Speaker, do I understand that in purchasing the

additional licenses would there he an increase in the quota that is presently set for any specific county?

MF. O'CONNELL, NO, sir, this is designed to modate that situation. They would have to purchase an existing license. It would not, in fact, be quota-busting.

M ~ . SHELHAMER. so , then, the veterans' organiza. tions could only purchase where a license was already available to a tavern or an individual, is that correct?

Mr. O'CONNELL. That is exactly right. Yes, sir. Mr. SHELHAMER. And it would not he in addition

nor ahove? Mr. O'CONNELL. It will not he an additional l icen~e

nor a new license. It is the purchase of an existing license.

sent to interrogation? The SPEAKER. Will the gentleman, Mr. O'Connell,

consent to interrogation? Mr. O'CONNELL. I shall. The SPEAKER. The gentleman may proceed. h4r. GEORGE. Mr. Speaker, just a point of clarifica-

tcan, if you will. Did you say that anyone within the county buying a license or attempting to get a license under the veterans' part of this could then take it anywhere in the county?

Mr. O'CONNELL. Yes, sir, that is true. Mr. GEORGE. Then how could he take it into the

county, into a municipality, where the quota was al- rrady fllled, by removing it from one municipality into another? Would You explain that?

Mr. O'CONNELL. What it does here in regard to the quota is that, as far as that respective municipality is concerned, it sets it aside.

Mr. GEORGE. What I am asking and I am not really sure of your answer, suppose in a municipality or a locality that the quota was filled and thcn a veterans' orgrnization bought a license from a different municipality and had the intention of moving it into the municipality that the quota was thus filled, how could they do that?

LEGISLATIVE J O U R N A L H O U S E July 1,

Mr. O'CONNELL. This excepts that from that pro- to table the amendment if we would proceed to vote on vision of the auota at law. I the hill.

Mr. GEORGE. In other words, what this does actually is to throw out the complete formula, is that what On the question,

you are saying? Wil! the House agree to the motion?

Mr. O'CONNELL. I am sorry, I did not catch the I The yeas and navs were reauired bv Messrs. GEORGE gentleman. and O'CONNELL and were as follows:

Mr. GEORGE. Does this in fact throw out the proceeding formula that is being used bv the Liauor Con- YEAS-18 trol ~ a a r d at this time?

-

Mr. O'CONNELL. In my judgment, no.

MOTION TO TABLE

Abraham Gallagher Llneoln Prendergs~t Diearlo George Miller. M. E.. Jr . Sweeney Dombromld Hutchinran. W. Mochlmann Wansea Foster. A. Laughlin Pitts Yahner

Mr. GEORGE. Well, I would like to say lo my colleagues, until we get a better clarification. I make a nnderton. J. H.

YIELDS ON MOTION RCTSD" I "i+*?-

motion that we table this hill. Mr. O'CONNELL. I would be willing to attempt to

clarify it here. I would oppose the motion to table.

1 ;:;;iwe,, The SPEAKER. The Chair recognizes the minority ~ o n e t t o

~~ ~ - - ~ ~ - . ~ r t h u m Rarber

Bcren Reriin

whip. Bradley Brandt

Mr. RYAN. Mr. Speaker, I wonder if the gentleman B,,,,,~, would vield for a moment on the motion? Iiurns

The SPEAKER. Will the gentleman, Mr. George, for E,"zo a moment yield on his motion? Ccssar

Mr. GEORGE. Yes, I would. C~minl ?"hen

The SPEAKER. The Chair recognizes the minority whip.

Mr. RYAN. Mr. Speaker, is Mr. Caputo or one of our experts in the House?

I think that I understand what this problem is and T would like someone with more expertise, perhaps, to explain it. If I am not mistaken, where you have a

NAYS-172

GeIsler McLane Giammarco Mebus Gillesple Menhorn Gillette Miinnovleh Goodman Miller. M. E. Green illi iron Crcenfleld Misccvieh Gl'ieco Morris Cring Mrkonie Halverson Mullcn Hnrnilton. J. A. Mullen. M. P. iInsay Musto Ilnskell Myers Hayes. D. 5. Novak Hayes. S. E. Noye H ~ ~ f o r d O'Brlen :Iill O'Connell Houklns O'Donnell EIutchinson. A. O'Keefe Irvls Oliver Itliin Paneoast Johnson. J. Parker. H. S. Katz Perri Kelly, A. P. Perry I<elly. J B. Pdrarca Rernlck Polite Kistler l'ratt Klingaman Pylrs Knepper Rappaport Koiter Reed Kowaly~hyn Renninger Kusse Renwick Lnudsdlo Rhodes Lederer Flieger Lehr Ritter I.etterman Romanelll Levi ROSS Lynch Ruagiero Manmiller Hyan McCall Saloom McClatehy Salvatore Mecue Scheaffrr McGinnis Schmitt Mcintyre

NOT VOTING-15

~

Cole Cowell crowford Cumberland navies DavL?. D.M. neMedio ~ ~ ~ ~ f i ~ ~ DiDonato mete ,-..

club iirense and the number of licenses in a community are over quota, you would have to first surrender that license and then any applications could come in or if the community were over quota, the license would not be reissued. This way they would he permitted to reissue it.

Then, as I understand Mr. O'Connell's amendment, it was for a transfer within the county, was it not, Mr. O'ConneIl? Which of course could affect the number of licenses in a given community. The quota law deals with municipalities as opposed to community quotas. I think that is the distinction that the amendment is trying to

Sehweder SCiI1CB Seltzer Shane Sheihamer Shelton Shumsn Shupnik Slriannl Smith. E. Smith, L. Spencer Stahl Stapleton stout Taddonlo Taylor Tayoun Toll Trello Turner Ustynoskl Vsnn Vroon

>", &

coyle

:i;iP,'J,"$gw ~ ~ ~ l ~ h a r t Fowcett

:Fzh, Fisher

~ ~ ~ r ~ , , F~~~~ ('allen Garda Gresey

Wagner wargo Wetdner Westerbere whlttlesey W1ISOD Wilt. R. W. Wilt. W. W. Wojdak Worrilow Wright Yohn Zeallo% Zeller Zord Zwlkl

Flneman. Soeaker

make. Hlmmnrk Plevskv

Mr. TOLL. Mr. Speaker, I object to the motion for So the question was determined in the negative and recommittal. the motion was not agreed to.

PARLIAMENTARY INQUIRY On the qtiestion recurring, Will the House agree to the amendments?

The SPEAKER. The Chair recognizes the gentleman . from Philadelphia, Mr. O'Donnell. For what purpose does the gentleman rise?

Mr. O'DONNELL. I rise to a parliamentary inquiry. The SPEAKER. The gentleman will state it. Mr. O'DONNELL. Mr. Speaker, is the motion to table

the bill and the amendment or just the amendment.? I do not understand it.

The SPEAKER. There is a motion to table the hill along with the amendment. It would serve no purpose

The SPEAKER. The Chair recognizes the majority whip.

Mr. MANDERINO. Mr. Speaker, would Mr. O'Connell consent to interrogation?

The SPEAKER. Will the gentleman, Mr. O'Connell, consent to interrogation?

Mr. O'CONNELL. I shall. The SPEAKER. The gentleman may proceed. Mr. MANDERINO. Mr. Speaker, in reading the amend-

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

ment, subsection "a" seems to indicate that the type veterans' organization that you therein describe can make application for a liquor license and the board shall issue the license. In suhsection "b" you describe that the veterans' organization that you have described has the right to purchase an existing license and have it con- verted.

Is it your intention that subsection "a" will not allow the veterans' organizations to get a license without purchasing an existing license?

Mr. O*CONNELL. It is my intent that they not he granted the privilege of just being issued the license, but they must, in fact, purchase an existing liccnse.

Mr. MANDERINO. I am not sure that that is clear from the amendment, Mr. Speaker, but if you say that reading the amendment with the rest of the Liquor Code that that is the effect of the amendment, I will take your word for it, but there is no question of the intent that they must purchase a license and cannot have one issued without having a license which they can convert.

Mr. O'CONNELL. They cannot request and he granted the license. They must purchase it. This section or thu code prescribes that the motions and the necessary documents be presented to the board for consideration. This amends that particular provision.

are going to have one more for this particular veterans' organization that would qualify?

Mr. O'CONNELL. That is correct. Mr. SHELIIAMER. Thank you very much.

The SPEAKER. The Chair recognizes Mr. Shelhamer. Mr. SHELHAMER. Mr. Speaker, on the basis of that

explanation, I rise to oppose the amendment.

( Thc SPEAKER. The Chair recognizes the majority lrrrrlar . - - - - & .

Mr. IRVIS. Mr. Speaker, I would like to interrogate Mr. O'Connell.

The SPEAKER. Will the gentleman. Mr. O'Connell, consent to further interrogation?

Mr. O'CONNELL. Yes, Mr. Speaker. Mr. IRVIS. Mr. Speaker, it is my opinion that the

jentlcmnn's amendment may well carry the House if it were reworded. It is also my opinion that it may very well fail unless it is.

Mr. O'CONNELL. I would be happy to take the majority leader's advice. I would suggest that we pass it over and I will get the amendment corrected.

Mr. IRVIS. I thank the gentleman, Mr. Speaker. That ~r:ould be my advice.

from Columbia, Mr. Shelhamer Mr. SHELHAMER. Mr. S ~ e a k e r . iust to Fee if I can

The SPEAKER. The Chair recognizes the gentleman

clarify on the interrogation. Under the earlier question, Mr Speaker, the gentleman inciicated that they would purchase an existing license. Let us go back and take it by numbers. Let us suppose that Luzerne County was issued 100 licenses, presently club licenses. Exactly how would the mechanics of this fit into that, if there were one available for f ire companies?

Mr. O'CONNELL. It is my understanding, Mr. Speaker, that the quota is controlled within the geographic boundaries of a municipality, and it is on per capita or popu- lation basis, and, if my memory is correct, it is one for every 2,000 people in that municipality. This does not affect that under any circumstance. This does not add, does not bust, the quota or issue a license, but it could

1 HOUSE BILL No. 527 AND AMENDMENTS TABLED

Mr IRVIS. Mr. Speaker, I move that House bill No. 527, along with the amendments, be laid upon the table.




An Act amending the "Vital Statistics Law of 1953," approved June 29, 1953 (P. L. 304, No. 66), requiring the Burfau of Vital Statistics to issue birth certificates in the ~~~~~~~ ~ ~~~-

name theapplicant is actually using

On the question, Will the House agree to the bill on third consideration?

have this effect because this provides countywide trans- fers. A license in a municipality cannot be transferred countywide. It has to be transferred and remain within that particular municipality There are problems for some organizations as to the of a license in that community. Therefore, this was extended to that particular county so that they could acquire any license in that county and move it into their municipality. Now that wonld have the net effect of increasing the number of licenses in that community and from that time on that organization or that license would be counted in that quota.

M ~ , SHELHAMER, if you were to transfer a license into a veterans' organization, does that mean that the quota is going to be one more? Have you really added one more licensee or have you simply transferred within the framework of a number of licensees and not added?

Mr. O'CONNELL. It affect an increase in any licenses in that county, but it would have the net effect of increasing one more license in that community.

Mr. SHELHAMER, Okay, Then what you are saying is that you would not only have all the licensees which are already allocated to a certain municipality, but you

Mr FISCHER requested and obtained unanimous consent to offer the following amendments, which were read:

Amend Title, page 1, line 13, by inserting after "there- to," ": requiring the notation of a person's death upon his birth record and

Amend Set, page lines through 20, by striking out all of said lines and inserting:

Section 1. Section 501, act of June 29, 1953 (P. L. 304, No. 6 ) , known as the "Vital Statlstlcs Law of 1953," amended July 9, 1971 (P. L. 213, No. 38), is amended to read:

section 501, ~~~~h and ~ ~ t ~ l ~ ~ ~ t h ~ ~ ~ i ~ t ~ ~ t i ~ ~ : certificates to be Filed.-A certificate of each death or fetal death which occurs in this Commonwealth shall be filed within ninety-six (96) hours after the death or fetal death or within ninety.six (g6) hours after the finding of a dead body or fetal remains. In every instance, the certificate shall be filed prior to the issuance of a permit for interment or other disposition of the dead body or fetal remains. The person in charge of interment or of 1.emova1 of the dead body or fetal r e ~ a i n s from the registration district shall file the certificate with any local registrar who shall be authorized to issue certified copies of such death. Upon receipt of the death certificate by the department they shall note the fact of the death on the birth record of the individual if the department has such a record.

1788 LEGISLATIVE JOURNALHOUSE July 1,

On the question. Will the House aeree to the amendments?

the functions of the personnel in the Bureau of Vital Statistics.

The SPEAKER. We have extremely efficient employes up there. They can do twice as much as they are doing now.

~ -

The SPEAKER. The Chair recognizes the gentleman from Washington, Mr. Fischer.

Mr. FISCHER. Mr. Sneaker. I rise to ask vou to acceat

On the question recurring, will the H~~~~ agree to the amendments? Amendments were agreed to.

this amendment which I feel will eliminate a great deal of fraud and deception in our record-keeping process.

This amendment, very simply, would provide for cross- reference between death certificates and birth certificates.


consideration? Bill as amended was agreed to

Right now there is a considerable area of fraud in pass- ports, in o~:icial rcords, in social security, and so forth, where a person may get a legal birth certificate from our Commonweath by simply discovering the name of some-

The SPEAKER. The Chair recognizes the gentleman from Mercer, Mr. Bennett.

Mr. BENNETT. Mr Speaker, will the gentleman indicate to the House whether the amendment has been circulated, because this is the first knowledge that I have had of it and I am the prime sponsor of the hill.

The SPEAKER. Apparently, some members of the House have received it.

Mr. BENNETT. I will accept the gentleman's word. The SPEAKER. Will the gentleman yield for just one

moment? For the benefit of the members of the House, it is a

very brief amendment. Let the Chair read it to yon: "Upon receipt of the death certificate by the department they shall note the fact of the death on the birth record of the individual if the department has such a record."

The Chair recognizes the gentleman from Mercer, Mr. Bennett.

Mr. BENNETT. I have no objections to the amendment, Mr. Speaker. I would pose a question to the Chair

The SPEAKER. The gentleman will state his inquiry Mr. BENNETT. Is it the opinion of the Chair that

the amenciment would require a fiscal note? The SPEAKER. I would think not. I would think

that the administrative obligation that is imposed by the amendment is certainly one that can he embraced within the existing appropriation to the department.

Mr. BENNETT. I thank the Chair. I would concur with the gentleman, Mi. Fischer, and I would accept tht amendment and ask for the immediate adoption of thc bill.

The SPEAKER. The Chair recognizes the gentlemar from Northampton, Mr Kowalyshyn.

Mr. KOWALYSHYN. Thank you, Mr. Speaker. You have answered the question about a fiscal note

though I do have some doubt as to whether additiona employes would be required. It seems you are douhlinj

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

The question is, Shall the bill pass finally? one who is deceased and then applying for a birth Per- tificate.

This very simply would provide for cross-reference between our computer Systems and eliminate this area of considerable fraud within, not only Our Common- wealth, but in the United States right now. It is being advocated, by the way, by the United States State De- partment and several oiher official agencies. I would appreciate the support that you would give this amendment. . - . .

dicated the terrific problems we have today with the obtaining of fraudulent birth certificates and the use of those certificates for a variety of improper and even criminal procedures.

While I sympathize and am as involved as anyone else in the problems of obtaining hirth certificates through the bureaucracy and the red-tape problems that we have -and I am more than happy to do anything we can to get rid of those problems-I do not think this hill is the method of doing that.

Let me give you an example of what can happen under this hill: Suppose an individual whose name is D-o-r-r goes to the bank and obtains, on the strength of judgment nates, some $10,000 worth of credit. He obtains that money; the notes are filed and become a judgment against Mr. D-o-r-r. Suppose that individual then goes to the Bureau of Motor Vehicles and obtains a driver's license under the name D-o-r-e. Then, as I understand this bill, he can go to the Bureau of Vital Statistics and, on the strength of his driver's license, obtain a hirth certificate, in effect, changing his name to D-o-r-e and, in fact, striking the juclgment notes which were on record and thereby bilking the hank of $10,000 in credit or whatever the figure might have been.

In my opinion, this is the reason for the existing law and the existing procedure one has to go through to get his name changed. That requires a court proceeding, advertising of the fact that you are changing your name and statements by mcans of affidavit to the effect that you are not changing your name for the purpose of bilking creditors.

: In my judgment, this hill as it originally stood would t h w a r t that purpose. I think it was a good purpose. I think the bill would go even further and lend itself to the ?mall percentage of our people who would per- petrate fraud on other people.

Therefore, I would recommend a "no" vote as this bill stands, even though I fully agree with Mr. Fischer's

he Chair recognizes the gentleman from Yorlc, Mr. Dorr.

i\lr DORR. Mr. speaker, I am very much in favor of the amendment that Mr. Fischer has inserted in the bill by agreement. However, I would like to speak in opposition to the hill as it was originally proposed, because I think that we ought to be, in this House, making it more difficult rather than easier to obtain a hirth certificate.

Many members of the House have witnessed tele- vision urograms, s~ecia ls and otherwise, which have in-

I have found cases in my area where the person has spelled his name correctly all these years, but because of the arrogance of the doctor or midwife, or, for that matter, recorder of vital statistics, the name has been recorded incorrectly. And now where there is demand for birth certificates because of retirement or the de- siring of a passport, these persons have difficulty even though it may he just a case of an "e" before an "in or an "i" before an "e" and there is no difference whatsoever in the pronunciation. So for that reason, I feel this is a very important and needful piece of legislation.



amendment. I would hope that he propose a hill or an amendment to another bill or an amendment in a different fashion to this bill. I would recommend a "no" vote on the bill, Mr. Speaker.

The SPEAKER. The Chair recognizes the gentleman from Armstrong, Mr. McCue.

Mr. McCUE. I rise in support of the hill. I think we have all found the great difficulties in obtaining a birth certificate in the Bureau of Vital Statistics. I have found, particularly, problems with names of Polish, Ukrainian, Irish backgrounds where, perhaps, the pronunciation does not match the spelling or in English the spelling does not match the pronunciation. Even in the case where someone's name ends in "ski," that can he "sky" or "ski." And in many cases the bureau will not issue a birth certificate hecause it is one way or the other.

I have found in many cases with persons who are my contemporaries, when they were born or when their an- cestors came to this country, that there was a grcat arrogance among persons who spoke English tradition- ally. They said, oh, that dumb foreigner does not know how to spell his name. So we have all sorts of combinations.

/ QUESTION OF PERSONAL PRIVILEGE

Fee Levi Ritter ZwiH Fischer Lincoln Romanelli ~ i ~ h ~ ~ Lynch ROSS Fineman. Flahrrtr Mandetino Ruggiero Speak- Foster, W. Manmiller Ryan

N A Y S 4 4

Anderson. J. H. Hayes, S. E. MeGinnis Smith. E. Hittle Hepford Mebus Spencer

HutchicSon, W. Moehlmann Stahl Dietz Keily. J. B. Noye Taddonio

F:t:cett Kistler Parker, H. S. Vroon Klingaman Pltts Wagncr

roster. A. Kncpper Hcnninger Westerberg K u s ~ e Renwick Whelan

George Laughlin Salvatore Wl~riticsey C I ~ ~ ~ ~ ~ Lehr S e i t ~ ~ r Wilt, W. W. Hasay Meclatchy slnanni Zearfoss

NOT VOTING-10

Di"i"nl Pancoast suuivnn valicenti :lammock Pievsky Thomas Walsh, T. P. ;lecraW Richardson

. The majority required by the Constitution having voted ~n the affirmative, the question was determined in the affirmative.

Ordered, That the clerk present the same to the Senate Tor concurrence.

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

Mr. M. M. MULLEN. I rise to a question of versonal pnv~lege.

The SPEAKER. The gentleman will state it, Mr. M. M. MULLEN. M r . Speaker, on House hill No.

528, printer's No. 1518, I was inadvertently voted in the affirmative; I wish to change that to the negative. .

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

Agreeahle to order, Agreeahle to the provision of the constitution, the The House proceeded to third consideration of House

yeas and nays were taken and were as follows: bill No. 379, printer's No. 1655, entitled:

YEAS-149

Abraham Fryer %lcCall Saloom Arthum Gallagher Mecue Seheafirr Berber Garzia MeIntyre Sehmitt Beliomlni G e e s e ~ McL8ne Schweder

An Act amending the "Pennsylvapia Farmland and Forest Land Assessment Act of 1974, approved Decem- ber 19, 1974 (No. 3191, requiring the State Tax Equahza- tion Board to consider preferential use assessments for school subsidy purposes.

Bennett Geislir Menhorn Seirica Berm Giammarco Mi!anovieh Snane Berlin Gillespie Miller. M. E. Shelhamer Berson Gillette Millcr. M. E., Jr. Shelton Blackwell Gleeson Milliron Shuman nonetto Goodman Miscevieh Shupnik Brandt Green Momis Smith, L. arunner Greenfield Mrkonie S t a~ l e t an

Coie ~ i f i O'ConnelI Turner Cowell I ionk~ns O'Danneil Ustvnoaki I YEAS-189

On 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 davs and aereed to and is now on final nassnee.

Bums Grieco Mullcn s t i u t ~~

Butera Gring Mullen, M. P. Sweeney Caputo Halverson Must0 Taylor Cessar Hamilton, J. H. MYCR Tayoun cimini aaskell ~ o v n k TOII Cohen Naves. D. S. O'Rrien Trello

Crawford I'rutchin~m. A. O'Keefc v a i n Cumherland Irvis Oliver Wansacz Davies Ilkin Perri Wargo Davis. D.M. Johnson. J. Perry Weidner DeMedlo Katz P ~ t r a r c a Wilson Deverter Kelly. A. P. Polite Wilt. R. W. Dicarlo Xernick Pratt Wojdak DiDonato Kolter Prendcrgast Worrilow Dombrowskl Kowalyshyn Pylrs Wright Doyle LaMarca Rappaport Yaiinrr Dreibelbln Lauduciio Reed Yohn Eekensberger Lederer Rhades Zeller Engiehart Letterman Rieger Zord

~ -~ ~.---. r--- ---- The question is, shall the hill pass finally?

Agreeahle to the provision of the Constitution, the yeas and nays will now he taken.

Abraham Geislel MeClatchy Schrnitt Anderson, J. 8. George McCue Schweder Arthurs Giammarco McGinnis Scirica Barber Gillespie McIntyre Seltzel Bellomini Gilietie McI.ane Shane Bennett Glearon Mebus Shelhamer Beren Gleeson Menhorn Sheiton Berlin Goodman Miianovieh Shuman ~ e r s o n Green M i 1 . . shupnik Bittle Greenfield Miller. M. E.. Jr. Sirinnni Blackwell Grieco Milliron Smith. E. Bonetto Gring Miscevich Smlth. L. Bradley Halverson Moehlmann Spencer


Brandt Brunner Burns Butera Caputo cessar Cimini Cohen

Hamilton. J. H. Hasay HasBell Hayes. D. S. Hayes. S. E. Hepford Hill Hopkins Hutchinson.A. Hutchinson. W. Irvis Itkin Johnson, J. Katz Kelly. A. P. Kelly, J. B. Kernielr Kistler Kl~ngaman Knepper Kolter Kowalyshyn Kusse LaMarea Laudadio Laughm Lederer Lehr Letterman Ler-i Lincoln Lynch Manderino Manmiller McCall

Morris Muilen. M. P. Mullen Must0 Myers Novak Noye O'Brien O'Connell O'Donnell O'Keeie Oliver Pancoast Parker. H. S. Perri Perry Petrarca Pitts Polite Prendergast Pratt Fyles Rappaport Ilecd Renwick RhodeS Rieger Ritter Romanelli ROSS Ruggiero Ryan Saioom Salvatore ScheafYer

Stahl S t a~ l e ton I The question is, Shall the bill pass finally?

s t a i t Swecney Taddonio Taylor Toll Trello Turner ustynoski Vann Vroon Wagner wansacz Wargo Weidner Westerberg Wheian

Tile SPEAKER. The Chair recognizes the gentleman from Delaware, Mr Doyle

Mr. DOYLE. Very briefly, to explain this bill to the membership. At the present time in Pennsylvania, under the old Penal Code, we do have provisions for the courts ordering restitution. This bill merely places and ex- cerpts it out from the old Penal Code and puts it into the Crimes Code where it properly belongs.

It is essentially the same as before. There is some editorial language change which does not deal with the substance of it, and it is more that than anything else. But it is very important for the membership now to realize that we do have the restitution provisions in our law, that we will continue to do it, and keep that in mind when we are dealing with the victims of the crime- camp~nsation bill which will be coming up shortly. Thank you, Mr. Speaker.

Cole Cowell Crawfard Cumberland Davies Davis. D. M. DeMedio Deverter Dicarlo Dietn Dombrowskl Dorr Doyle Dreibeibfr Eekensberger Fawcett Fee Fischer Fisher Flaherty Foster. A. Foster, W. Fryer Gallagher Gallen Garzia Geesey

Whlttlesey Wil~",, wil t , n, w. Wilt. W. W. Wojdak Worrilow Wrieht yah i e r Yohn Zearfoss Zeller Zord Zwikl

On the question recurring. Shall the hill pass finally?


Fineman. SP

NAYS-I Mrkonlc

NOT VOTING-I3

Abraham Anderson, J. H. Arthurs Barber Bennett Beren Berlin

Geisler George Giammarca Gillespie GIllette Gieason Gleeson

Sehmitt Schwedcr Scirica Seltzer Shane Shelhamer Snelton Shuman Shupnik Sirianni Smith. E. Smith. L. Spencer Stahl Stapleton stout

DiDonato MeGraw Richardson Thomas Dinind Pievsky Sullivan Valieenti Englehart Renlllnger Tayoun Walsh. T. P. Hammock

nlcnhorn Milallovieh Miller. M. E. Miller. M. E. Milliron Moehlmann Morris Mrkonic Mullen Mullen. M. P Must0

Berson Bittle Bonetto Bradley Brandt Brunner Burns Butera Caputo Cessar Cimini

Goodman Green Greenfield Grieco Grlng I-IalYerSOn Hamilton. J Hasay Haskell

, Jr.


Ordered, That the clerk present the same to the Senate for concurrence. Hayes, D. S. Myers Sweeney

Hayes. S. E. Novak Taddanio

QUESTION OF PERSONAL PRIVILEGE 1 Cohen Cole Cowell Crawford Cumberland Davies Davis. D. M. DeMedio Deverter Dicarlo DiDonato Dietz Dombrowsld

Heiioid Noye Taylor Hill O'Brien Toll Hopkins O'Conneli Trello Hutchinson, A. O'Donneil Turner Hutchinson. W. O'Keefe Ustynorkt Irvis Oliver Vann Itkin Pancoast Vroon Johnson. J. Parker. H. S. Wagner Katr Perri Wansacz Kelly, A. P. Perry Wargo Kelly. J. B. Petrarca Weidner Kernick Pittri Westerberg Kistler Polite Whelan Klingaman Pratt Whittle~ey Knepper Prendergast Wilson Kolter Pyles Wilt, R. W. Kowalyshyn Rappaport Wilt. W. W. Kusse Reed Wojdak Laudadlo Renninger Worrilow Lvughlin Renwiek Wright L ~ d e r e r Rhodes Yahner Letterman Riener Yohn

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

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

The SPEAKER. The gentleman will state it. Mr RENNINGER. Mr. Speaker, my machine is no1

working again. I would like to be recorded "aye" or House bill No. 379.

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

Dorr Doyle DreibelbiP Eekensbergel Englehart Fawcett



Fee Fixher Fisher Flaherty Foster. A. Foster. W. Fryer Gallagher Gallen Garzia Geesey

Lehr Levi Lincoln

~ i t i e r RornanelU Ross Ruggiero Ryan Saloom Salvatore Scheaffer

Zearfoss Zeller Zord Zwikl

Nneman. Speaker

Lynch Mandcrino Manmiller McCall McClatchy


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

NAYS-1 Miseevfch

NOT VOTING-13 Bellomini LaMarea Richardson Thomas Blackwell McGraw Su l i i~an Valicentl Dininni P i ev~ky Tayoun Walsh. T. P.

1976. LEGISLATIVE JOURNAII-HOUSE 1791

Abraham Anderson. J. H. Arthurs Barber Bennett





An Act providing for assistance for innocent victims of crime; creating the Criminal Injuries Compensation Board and providing for its powers and duties; prescribing penalties; and making an appropriation.


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



YEAS-181

Beren Berlin

-~ p~ ~ ~ p p

voted in the afirmative, the question was determined in the affirmative.


QUESTION OF PERSONAL PRIVILEGE ~h~ SPEAKER. ~h~ chair recognizes the majority

whip. For what purpose does the gentleman rise? Mr. MANDERINO. I rise to a question 01" personal

privilege. ~h~ SPEAKER. ~h~ gentleman will state it. hlr. MANDERINO. Mr. Speaker, I wish to be recorded

as voting in the affirmative on House hill No. 306. The SPEAREIZ. The gentleman's remarks will be

noted for the record.

~ ~ ~ ~ ~ ~ b l ~ to order, The House proceeded to third consideration of IPouse


An Act relating to the manufacture, sale and possession of certain camping equipment; and providing a penalty.

On the question.

Berson Bittle Blackwell Bonetto Bradley Brandt Brunner Burns Butera Caputo Cessar Cirnid Cole Cowell Crawford Cumberland Davie5 Davis. D. M. DeMedio

Dorr Doyle Dreibelbis Eckensbergu Englenart Fawcett Fee Fischer Fisher Fiaherty Foster, A. Foster. W. Fryer Gallagher Gallen Garzta

Dietz Hayes, S. E

Geesey McClatchy Geisler McCue George McGinni~ Giammareo McIntyre Gillespie McLane Gillette Mebus Gieason Mcnhorn Gieeson Milanovich Goodman Miller, 11. E. Grcen Miller. M. E.. Jr. Greenfield Milliron Grieco Miseevich Gring Moehlmann Halverson Llorris Hamilton. J. H. Mullen, M. P. H B S ~ V Musto ~ ra sk i l l Mrkonic Hayes. D. S. Myers Hepford Novalr Hill Noye Hopkins O'Brien Hutchmson. A. O'Connell Hutchinson. W. O'DonneU Irvis O'Keefe Itkin Oliver Johnson. J. Pancoast Katr Parker. E. S. Kelly, A. P. Perri ICelly, J. B. Pcrry Kerniek Petrarea Kistler Polite Knepper Pratt Kolter Prendergast Kowalyshyn Pyles Kurse Rappaport LaMarc= Reed Laudadio Renninger LaughUn Renwlck Lederer Rieger Lehr Ritter Letterman RomaneUi

Lynch Ryan Manxniller Saloom McCall Salvatore

NAYS-6

Klingaman Smith. L. Pitts

NOT VOTING-16

Seheaffer Sehmitt Schweder Sciriea Seltzer Shane Shelhamer Shelton Shuman Shupnik Sirianni Smith. E. Spencer Stahl Stapleton stout Sweeney Taddonio Taylor TO'. Trello Turner Uatmoski Vann Wagner Wansacz Wargo Weidner Westerberg Whelan Whittlesey Wilson Wilt. R. W. Wilt. W. W. worri1ow Wright, Yahner Yohn Zearfoss Zeller Zord Zwikl

Will t h e ~ o u s e 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 un final passage.


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

YEAS-189

Abraham Garzia McCall Scileaffer Anderson. J. H. Geescy McClatehy Schmitt Arthum GC~SIPI. McCue Sehwcder Barber George MrGinni~ Scirica Uellominl Gioinmarco McIntyre Seltzer Bennett Gillespie MeLane Shane Ucren G~llet te Mehus Shelhsmer Berlin Glenson Mcnhorn Shelton BEISD~ Glreson Milanovich Shuman Bittle Goodman Miller, M. E.. Jr. Shupnik B lack~e l l Green Miller, M. E. Sirianni Fionetto Greenfield Milliron Smith, E. Bradley Grieco Miseevich Smith, L. Brandt Gring Moehlmann S~eneer Brunner Halvemon Morris s iah l

Humllton, J. H. Mrlronie Stiiplcton Butera Huskell Mullen, M. P. Stout Caputo Hayes. D. S. Mullen Sweeney C ~ s s a r 'Hayes. S. E. Musta Taddonio Cimini Hepford Myers Taylor Cohcn Hill IVovak Toll Cole H o p k i ~ O'Brirn Trello Cowell Hutchinson, A. O'Connell Turner C1.awford Hutchinson. W. O'Donneil Ustynoski Cumberland Irvis O'Keefe Vann Davies Itkin Oliver V ~ o o n Davis. D. M. Johnson, J. Pancosst Wansacz DeMedio Katz Parker, H. S. wargo 3evcTter Kelly, A. P. Perri Weidner Dicarlo Kelly, J. B. Perry Westerberg DiDonato Kernick Pctrnrca Whelan Ditrz Kirtler Pitts Whittlesey DornbromM Klingaman Polite Wilson D o ~ r Kneppcr Pr-ndergast wilt, R. W. Doyle IColter Pratt Wilt, W. W. Dreibelbis 1CowaI)~;hyn Pyles Wajdak Eckcnsberger Kussc Rappapor+ Worrilow Enelehart LaMarca Reed wriuht

Bellomin1 Manderlno Rhodes Thomas Cohen M~Grau ' Richardson Valicenti Dinind Mullen Sullivan Walsh. T. P. Hammock Pievsky Tayoun Wojdak

Fawcett ~ ~ Laudadio Renninger Yahner Fee Laughlin Renwick Yohn Fi~cher Lcderer Rieger Zearfoss Fisher Lehr Ritter Zeller FiaheTty Letterman Ramanelli Zord Poster. A. Levi Ross

The majority required by the Constitution having w, Lincoln Ruggiero zarilrl

1792 LEGISLATIVE J O U R N A k H O U S E July 1,

Hasay Naye Wagner I NOT VOTING-11

Fryer Lynch Ryan Fineman, Gallagher Manderino Saioom Speaker Gallen Manmiller Salvatore

NAYS-3

NAYS-12

Cole Fryer Mrkonic Stapleton Cumberland George Renwick Wagner Dietz Halverson Seltzer Wilt. W. W.

NOT VOTING-11

Dininnl Pievsky Sullivan Valicenti Hammock Rhodes Tayoun W&h. T. P. ~McGraw Richardson Thomas

Dininni Ptevsky Sullivan Valicenti Hammock Rhodes Tayoun Walsh, T. P. MeGraw Richardson Thoman

The majority required by the Constitution having voted





An Act amending "The Vehicle Code," approved April 29, 1959 (P. L. 511, No. 32), further provld~ng for am- bulances when traveling in emergencies and extending penalties thereto.

On the question, will the H~~~~ agree to the bill on third Bill was agreed to.




YEAS-180

Abraham Geisler McClatchy Salvatore Anderson, J. E. Giammarco McCue Scheaffer Arthurs Gillespie McGinnis Schmitt Barber Gillette McIntyre Schweder Bellomin1 Gleason McLane Seirica Bennett Gleeson Mebus Shane Beren Goodman Menhorn Shelllamer Berlin Green Mlianovich Shelton Berson Greenfield Miller. M. E. Shuman Bittle Grieeo Mlller. M. E., Jr. Shupnik

Milliron Blackwell Gring Sirianni ~ o n e t t o Hamiiton. J. H. Miscevich smith. E. Bradley Hasay Moehlmam Smith. L. Brandt Harkell Morris Spencer Brunner Haycs. D. 5. Mullen Stahl Burns Hayes. S. E. Mullen, M. P. stout Butera Hepford Musto Sweeney Caputo Hill Myers Taddonlo cessar Hopkins Novak Taylor Cirnilll Hutchinson. A. Noye Toll Cohen Hutchinson. W. O'Brien Trello Cowell Irvis O'Connell Turner Crawford l tkin O'Donnell Ustynosu Davies Johnson, J. O'Keefe Vann Davis, D. M. Katz Oliver Vroon DeMedio Kelly. A. P. Pancoast Wansaez Deverter I'.elly, J. B. Parker. H.S. Wargo Diearlo ~ e r n i c k Perri Weidner DiDonato Xlstler Perry Westerberg Dombrowslri Klingaman Petrarea Whelan Dorr Knepper P ~ t t s Whittiesey Doyle Kolter Polite Wilson Dreibelhls Kowalyshyn Pratt Wilt, R. W. Eckensberger Kusse Prendergast Woidak Englehart LaMarca Pyles Wnrrilaw Fawcett Laudadio Rappaport Wright Fee Laughlin Reed Yahner Fischer Lederer Renninger Yohn

Lehr Zearfoss Fisher Rieger Fiaherty Letterman Ritter Zeller Foster. A. Levi Romanelll Zord Foster. W. Lincoln Ross Zwikl Gallagher Lynch Rugsiero Gailen Manderino Ryan Finemen, Garzia Manmiller Saloam Speaker Geesey MeCall

~ . . in the affirmative, the question was determined in the affirmative.

Ordered, That the clerk present the same to the Senate for Concurrence'



An Act amending "Project 70 Land Acquisition and Borrowing Act," approved June 22, 1964 (P. L. 131, No. 8-Sp. Sess.), authorizing the exchange of lands.

On the question, Will the House agree to the bill on third consideration? Mr. RENWICK requested and obtained unanimous


Amend Sec. 1 (Sec. 201, page 2, line 14, by striking out s~EXECUTIVE DIRECTOR OF THE"

Amend Sec. 1 (Sec. 201, page 2, line 15, by removing the period after "1G.2" and inserting: , providing that every such exchange by the Game Commission shall be consummated only in accordance with the provisions of sectlon 904 of the act of June 3, 1937 (P. L. 1225, No. 3161, known as "The Game Law."


The SPEAKER. The Chair recognizes the gentleman from Elk, Mr. Renwick.

Mr. RENWICK. Mr. Speaker, these amendments are strictly housekeeping amendments which bring the transfer of lands under the Game Code to be the same as they are practiced now. The bill, itself, allows the lands to be transferred, under Project 70, whereby a municipality or someone who purchases land can get an equivalent value by transferring this land. This amendment merely provides that when this is done with game land then, of course, it has to be under the guidelines of the game law.

On the question recurring, Will the House agree to the amendments? Amendments were agreed to.


consideration? Bill as amended was agreed to.




YEAS-176

Abraham Geisler McCall Salvatore Anderson. J. H. George McClatchy Seheaffer Arthm Giammarco McCue Schmitt

1975. LEGISLATIVE J O U R N A k H O U S E 1793

Barber Gillesple MeGinnis Schweder Beliominl Giilette Mcintyre Srlrlca Bennett G l e a ~ o n McLane Silane Brren Glrcson Mebus Sllelhnrner Beriln Goodman Menhorn Sllelton Berson Green Mlianovieh Shuman Bittle Greenfield Mtller, M. E., Jr. Shupnik Blackwell Gricco Mlliiron Slnnnni Bonetto G n n g M I S C ~ V ~ C ~ Smdh, E. Bradley Aaiverson A'lorris Smlth, L. Brandt Iiarnllton, J. H. Mrkonic Spencer Brunner Hnsay Muilen. M.P. Staplcton B u m IIaskell IY~ulion Stout Butera Hayes, D. S. Musto Sweeney Caouto Hayes. S. E. Myers Tndciunio Cessar Henford Novak Tavlnr --.~.. Ciminl ~ i f i ~ o y e Toll Cohrn Hopkins O'Bricn Trcllo Cole Hutchinson. A. O'Uonnell Turner Cowell H~tch lnson . W. O'Keefe Ustynozki Crawford Iruis Oliver Vann Cumberland I tkln Pancoast Vroon Davies Johnson. J. Parker. H. S. Warner Davis. D. M. ~ a t r ~ e r r i wansaez DeMedio Kelly, A. P. Per ry Wargo Dicaiio Kriiy, J. B. Petrarcn W e ~ d n e r DiDonato Krrnlck Pollte Westerbere . Dictz Kimgaman Pra t t Whclan Dombrowslrl Knepper Prendergast Whitticsey Doyle Koltrr Rappaport Wilt. R. W. Drribelbis Kowalyshyn Read Wilt. W. W. Eclrensberger Kusse Henn~nger Wojdak Engiehart L'aMarca Hrnwlck Worrllow Fawcett Laudadio R ~ I O ~ C S Wrlght Fee Ldughlln Rleser Yetlner F i s ~ h e r Lciirrer Ritfrr Yohn Fisher Lehr Romanelll Zeller Flvherty Levi Ross Zwikl Foster. W. Lincoln Ruggiero Fryer Lynch Ryan Finernan, Gallagher Manderino Saioom Speakel GarIla Manmiller

Deverter Geesey hlochlmann Stnhl Dorr I<lstler Pi t ts Wllson Foster. A. Letterman Pyies Zearfoss Gallen Mlller. M. E. Seltzer Zord

NOT VOTING-I1

Dininnl O'Connell Sullivan Valicrnti Hanlmock Pievsky Tayoun WaisI1. T. P. McGraw Richardson Thomas





An Act establishing the comparative negligence rule.



The question is, Shall the hill pass finally?

Thc SPEAKER. Thc Chair recognizes the gentleman - - from Lchigh, Mr. Eckensherger.

Mr. ECKENSBERGER. Mr. Speaker, I wonder if Mr. Berson would respond to a question or two?

The SPEAKER. Will the gentleman, Mr. Bcrson, consent to interrogation?

Mr. BERSON. I shall, Mr. Speaker. The SPEAKER. The gentleman may proceed.

Mr. ECICENSBERGER. Mr. Spcaker, is this the bill that would establish the doctrine of comparative negligence in Pennsylvania?

Mr. BERSON. Yes, it is. Mr. ECKENSBERGER. Mr. Speaker, as I read the

bill, there is no reference or requirement that this doctrinc be taken into consideration hy district magistrates and boards of arbitration. Is it your intention that this doetrinc he applied in proceedings beIore those judicial agencies?

Mr. BERSOX. Yes, it is. Mr. ECKENSBERGER. Thank you, Mr. Speaker. I

have no further questions.

On the question recurring, Shall the hill pass finally?


YEAS-162

Abraham Foster. A. Lynch Anderson. J. H. Foster. W. I\lanmiller Arthurs Gallacher MeCali Barber Reiiominl Cennett Beren Berlin Herson Bittle Bonetto Bradlev ~ r n n d i Rrurlner R u m s Butera Caiiuto ccssar Cimini (:ohen Cole cuwe11 Cumberland Davies Davlz. D. M. DeMedio Drverter Dicario I>iDonato nietz ihmbrowski Dorr Doyle Drrlbclbis Eckensberger Englehart Faweett Fee F ~ s c h e r Fisher Fiahcrty

c a r a i Gecsey Geislrr Giammarco Gleazon Gleeson Goodman Greenfield cneco

McLane Mebus Menhorn M i i a r l o ~ ~ c h Miller, M. E.. Jr. Milliron Miscrvich

G r ~ n g Moehlrnann Harnriton. J. H. Morris Haskeil Mrkonic H ~ ~ ~ ~ , D. S. nmlicn, M. P. Hayes, S. E. Mulien Hfp ia rd Must0 IIill Myers Hcipkins Novak Hutchmson. A. Noye ~IUtchlnS"". W. O'Brien Itkin O'Connell Johnson. J. O'Donneil Katz O'Keefe l e y , A . Oliver Kelly. J . B. Pvncoast Kistler Parker . H. S. Kiingaman P r r r i Knepper Per ry Kolter Petrarca Kowalyshyn Pollte Kusse Prnt t LaMarca Prendcrgast Laudadio Pyles Laughiin Rappaport Lederer Rhodcs Lchr Rleger Lct trrman Ritter Levi Romanelll Lincoln Ross

Ruggiero Ryan Saluom Salvatore SchealTer S c h m ~ t t Sclrlca shone Shelton Snupnik Smith, L

Sweeney T.ld'lanio Toil Trelio Turner Ustynoski Van" Wagner Wansacz Wargo Westerberg Whelm Whlttlesey Wilt. R. W. Wilt, W. W. Wojdak Wurriiow Wright Y0h" Zeller Zord Zwikl

Finernan, Spcaker

Crawford Hasay Renninger Taylor Frver Kcrnick Renwick Vroon ca l len McCiatchy Schweder Weldner George McCue Shclhamer Wllson Giilcspie hlilier. M. E. Slruman Yahner Giliette Pitts Sirlanni Zearfoss

I NOT VOTING-14

Blaekwell Irvis Richardson Thomas D ~ n l n n i Manderino Scltrer Valicenti Green McGraw Ta youn Walsh. T. P . Hammock Pievsky




I The House proceeded to third consideration of House An Act clarifying the powers of constables, county de- bill No. 793, printer's No. 896, entitled: tectives, sheriffs and deputy sheriffs.

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

leader. Mr. IRVIS. I rise to a question of personal privilege. The SPEAKER. The gentleman will state it. Mr. IRVIS. Mr. Speaker, I was on the phone and did

not vote on the comparative negligence bill, House bill No. 752. I would like to be recorded on the record as voting "aye."

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

The Chair recognizes the majority whip. Mr. MANDERINO. Mr. Speaker, I likewise would

like to be recorded as voting in the affirmative on House bill No. 752.


The Chair recognizes the gentleman from Butler, Mr. Green.

Mr. GREEN. Mr. Speaker, I would have voted in the affirmative on House bill No 752.


Aereeable to order.

An Act amending the "Pennsylvania Turnpike System On the question, Financing Act, approved August 14, 1951 (P. L. 1232, Will the House agree to the bill on third consideration? No. 2821, increasing salaries.

Bill was agreed to.

goEu Green Lynch stapleion Grieco Manmiller Sweeney z:,"$Lrd Gring

McCiatchy Taylor Halverson McCue Trello

Cumberland Hasay MeGinnis Turner navies Haskdl M i M. E Vroon Davie. D. M. Hayes. D. S. Mil1er.M.E.. Jr. Wagner Deverter Hayes, S. E. Miscevich Wnnsaez Dicarlo Hi11 ~ r k o n i c Weidnu

Ez;, Hopklns Noye Whelan Hutchl~lson. W. O'Donnell Whittlesey

Dreibelbls Itkin O'Keefe Wilson Fawcett Johnson. J. Pancoast Wilt, R. W. Fircher Kelly. J. B. Pitts Wright risher Kernick Polite Yahner Foster, A. Kistler Pyles Yohn Foster, W. Klingaman Renninger Zearfoss Fryer K n ~ p p e r Rfnwick Zeller Garzia Kowalyshyn Scheaffer Zord ~ e e s e y Kusnc Schwcder

NOT VOTING-10

Dininni P i e ~ s k y Tayoun Valicenti Hammock Richardson Thomas Walsh, T. P. McGraw S~ l l i van

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

to order, The House proceeded to third consideration of IIouse

bill No. 803, printer's No. 90G. entitled:

Agreeable to the provision of the Constitution, the yeas I




and nays will now be taken.

YEAS-98




Anderson. J. H. Gallen Moehlmann Saloam Arthum Geisler Morris Salvatore Barber Giammarco Mullen. M. P. Schrnitt Bellomllll Gleeson Mullen Seirica Bennett Goodman Musto Seltzer Beren Greenfield Myers Shane Berlin Hamilton. J. H. Novak Shelton Bcrson IIepford O'Brien Shupnik Blackwell Hutchinson. A. O'Cannell Smith. I. ~ ~

~~~ ~. -. Ronetto Irvis Olivel. Spencer Bradley Katz Parker. H. S. stahl Brunner Kelly, A. P. Perrl Stout Eutera Kolter Perry Taddnnln - ~~ - - -. ... - Caputo LaMarca ~ c t r i r c a Toll Cessar Laudsdio Pratt Ustynoski Cohen I~aughlin Prendergast Vann DeMedio ~ e d e r e r Rappaport Warga DiDonato Manderino Reed Westerberg Dietz MeCall Rhodes Wilt. W. W. Dornbrowskl McIntyre Rieger Wojdak Eckensberger McLane Ritter Wordlow Englehart Mebur Romanelli ZWikl Fee Mcnhorn Ross Fl.7herty Milanovich Ruggiero Finernen, Gallagher lniliiron Ryan Speaker

Burns George Lehr Shclhamer Abraham Gillespie Letterman Shuman Bittle Gillette Levi Sirisnni Brsndt Gleason Lincoln Smith. E.

Abraham Anderson, 5. Arthurs Barber Bennett Beren Berlin Berson Bittle Blackwell Bonetto Bradley Brsndt Brunner Burns

Cohen Cole Cowell Crawfo~d Cumberland Davies Davis. D. M. DeMedio Deverter Dicarlo DiDonsto Dietz Dombrowskl Dorr

, Jr .

Klingaman Pit t i Knepper Polite Kaiter Pratt Kowaly~hyn Prendergast Kusse Pyles LaMarca Reed

Saloom Salvatore Seheaffer Sehmitt Schweder Seirica Seltzer S h a m Shelhamer Shelton Shurnan Shupnik Sirianni Smlth. L. Spencer Stahl Stapleton stout Sweeney Taddonio Taylor Toll Trello Turner Ustynoski Vann Vroon Wagner Wansacz Wargo Weidner Westerberg Whelan Whittlesey Wilson Wilt, R. W. Wilt. W. W.

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

Faweett Laudadio Renninger Wojdak Fee Laughlin Renwick Worrilow Fischer Lederer Rhodes Wright Fisher Lehr Xieger Yahner Flaherty Letterman Romanelli Yohn Foster. A. Levi Ross Zeller Foster. W. Lincoln Ruggiero Zord Fryer Lynch Ryan Zwiki Gallagher

Gillebpie Miller. M. E. Rappaport Pineman, Greenfield Moehlmann Xitter Speaker Kelly, A. P. O'Keefe Zearfoss

NOT VOTING-12 I Bellomini McCraw Smith. E. Thomas Dininni Pievsky Sullivan Vallcenti Hammock Richardson Tayoun Walrh. T. P.

Thc majority required by the Constitution having voted in the affirmative, the question was determined in the affirmative.




An Act amending Title 18 (Crimes and Offenses) of th? Pennsylvania Cnnsolidated Statutes, approved Novem- ber 25, 1970 ( P L . 707, No. 230). further providing for the Eracling of offenses relating to bad checks.

On the question, Will ihe House agrce to the bill on third consideration? Mr. FISHER requested and obtained unanimous consent

to offer the following amendments, which were read:

Ammd Title, page 1, line 2, by inserting after "for": the satisfaction oE requirement of intent when voluntary intoxication or drugged condition exists and for

Amend Sec. 1, page 1, lines 6 through 9, by striking out all of said lines and inserting:

Section 1. Section 302 of Title 18, act of November 25, 1970 ( P L. 707, No. 230). known as the Pennsylvania Con- solidated Statutes, added December 6, 1972 (P.L. 1482, No 334), is amended by adding a subsection to read:

8 302. General requirements of culpability. * * X

The SPEAKER. The Chair recognizes the gentleman from Allegheny, Mr. Fisher.

Mr. FISHER. Mr. Speaker, I would like to point out that when you called the bill, you indicated that the printer's number was something other than it really is. It is printer's No. 929. I think that should be corrected for the record.

The SPEAKER. The Chair thanks the gentleman. Mr. FISHER. Mr. Speaker, I rise to offer the fore-

going amendment here today. The reason and the necessity for this amendment was caused by the Pennsylvania Supreme Court's decision on March 18, 1975, in the case of the Commonwealth of Pennsylvania versus Daniel Lee Graves.

In the Graves decision the holding of the Pennsylvania Supreme Court was that evidence of voluntary intoxication should have been admissible in that case as it re- flected on the intent to commit the underlined felony.

In the case of Graves, Mr. Graves had been charged with murder in the first degree and was convicted of first-degree murder under the commonly known felony- murder theory. The defendant in that case attempted to offer opinion from an expert witness that at the time of the offense that he was too intoxicated to form the intent necessary to commit the underlying felony.

In that decision the court ruled that the lower court improperly refused to admit that expert opinion because the legislature, in our wisdom in drafting the Penal Code, required that in the events of rohbery and burglary that one of the material elements was the element of intent, and that the opinion that would have been elicited certainly would have been relevant to detcrmine whether or not that intent existed in the robbery which preceded the murder involved in the case.

This decision was a very radical departure from the law as it was known in the Commonwealth prior to March 18. Prior to that time, evidence of voluntary intoxication was only admissible to reduce an offense in which there were degrees of offense-in other words, first-degree murder, second-degree murder. Evidence of voluntary intoxication would have been admissible and was admissible under nrior decisions to reduce that decree or to

I On the question, Eckensberger, one of the bills was sponsored by myself, Will the House agree to the amendments? and Mr. Eckensberger and myself, and I think we readily

( i ) Satisfaction of requirement of intent when voluntary intoxication or drugged condition exists.-When intent is an element of an offense, the intent may be in- ferred from the actor's conduct and the surrounding circumstances of the offense and shall not be negated by the admission of evidence that would establish voluntary intoxication or drugged condition, except in cases involving graded offenses, including, but not limited to murder, where evidence of voluntary intoxication or drugged condition may be admissible to reduce the graded offense from one degree to a lower degree.

Section 2. Sections 308 and 4105 of the act are amended to read:

§ 308. Intoxication or drugged condition. Intoxication or drugged condition are not, as such, de-

fenses to a criminal charge; but in any prosecution for any offense, evidence of intoxication or drugged condition of the defendant may be offered by the defendant whenever it is relevant to negative an element of the offense, except that evidence of voluntary intoxication or drugged condition shall not negate the element of intent of any offense other than graded offenses where such evidence may be admissible to reduce the degree of the crime from one degree to a lower degree.

Amend Sec. 2, page 2, line 9, by striking out "2." and inserting: 3.

refute the requisite intent to raise murder up to first degree. But in the Graves decision, the court then ruled that evidence ,,f intoxica!ion was relevant in any o~fense where intent was an element. And, accordingly, wc have now the law in this Commonwealth that-particularly in the areas of felony-murder where a person goes into an establishment for the purpose of perpetrating a robbery or enters a building for the purpose of a building-the intent must be proven and that if evidence of intoxication is offered by the defendant, that it would be relevant.

W-hat the decision has said is, basically, if a person is too intoxicated and the intent did not exist, then no robbery or no burglary took place. And under the felony- murder rule a person could not, then, be found gui!ty of either first- or second.degree murder because of felony.

The purpose of my amendment is to overcome this decision, and there were a number of bills introduced this session in the House. These bills, last week. were on the calendar of the Judiciary Committee and were studied on Tuesdav. One of the hills was snonsored hv Mr.


admitted that neither of those bills attacked the problem. There were deficiencies in it, but there was a consensus in the committee that the section that had to be changed or amended was section 302, that something had to he done because the court indicated that they were not establishing voluntary intoxication as an affirmative de- fense, but that voluntary intoxication certainly was admissible to determine whether intent was there.

So what I have done with this amendment is addcd a section (i) to section 302 of the Penal Code, which section 302 defines culpahility, and section ( i ) states, basically, which I have added, that satisfaction of intent when voluntary intoxication or drugged condition exists. And what this new section would do is, it would make evi-

uu

shall not negate the element of intent but could he admissible where we have graded olfenscs, to reduce the degree

we did not have it on our desks. I do not want to debate the merits now, hut I would as% the gentleman if he would postpone offering the amendment, today at least, and we could take it up tomorrow.

I am in favor of the legislation; I just think we should be extremely careful in how and what we say, because it is an extremely sensitive area that we are dealing with, as to whether or not therc are two kinds of intent, et cetera, that the Supreme Court seems to be pronouncing that is in the Crimes Code.

Would the gentleman withhold offering his amendment until tomorrow, pass it over?

BILL AND AMENDMENTS PASSED OVER dence of voluntary intoxication or a drug condition inad- missihle to negate intent, except where we have graded offenses. In other words, the only graded offense right now in the Code is the O f f e n s e Of murder where we have three degrees Of murder Under my evidence of intoxication would still be admissible to reduce either first-degree murder to second-degree murder in a felony-murder situation, or first-degree murder to third-degree murder in a premeditated-murder situation.

It would also leave room for further definition or re- definition of the Penal Code for graded offenses dealing with other felonies But as the code stands now, the only place where voluntary intoxication or drugged condition would be admissible, as it reflects on the issue of intent, would be for graded offenses.

Because section 308 specifically refers to intoxication or drugged condition, I have also added the szme exception. that evidence of intoxication or drueeed condition

WELCOME

The SPEAKER, The Chair recognizes the from Allegheny, Fisher,

FISHER. M ~ . speaker, I halie no objection to the bill and the amendmcnt bcing passed over. We tried to get the amendment distributed as quickly as possible. I think it was distributed late afternoon, I am cog- nizant of the fact that a lot of the members, such as Mr. Doyle, would like to further study it I have no ohjec-

to having the hill passed over until the members have a further opportunity,

DOYLE, Thank you, SPEAKER, Does the gentleman agree that the

hill he held FISIIER, I have no to holding the bill

and the amendment over until tomorrow so that Mr. Doyle and others could study it,

The SPEAKER The bill will go over in order,

from one degree to a lower degree. I think that the amendment is a very needed amend-

ment to the Penal Code. Since the time of the decision in March, I know in Our county we have had a !lumber

of cases which turned on or could have turned on the interpretation in the Graves decision.

The Judiciary Committee had, initially, intended to meet last Wednesday to discuss and Further amend one of the hills that was before the committee hut we unable to meet, I understand it, it is too late now to report a bill out from committee, and this is the reason why I am offering the amendment to the hill, House bill 826, which is on the calendar.

I thinlr the legislature should address themselves to this issue immediately and hope this is the proper wording in order that the legislature can do something to over- ride the decision. And, really, we are not overriding the decision so much as we are redefining an area which the Supreme Court indicated in their opinion that it was our terminology which led to their opinion. I do not think we are trying to usurp the power of the Supreme Court in this area; I think we are trying to further define a law that was not properly defined when the penal code was drafted. I urge the support of all the members on this amendment.

The SPEAKER. The Chair would like to welcome to the Hall of the House a group of students. These are sum- ,,, students from Mahanoy Area Junior High school. They are here under the direction of their principal, Mr. James Rhoades.

The students and Mr. Rhoades are here as the guests .f the gentleman from Schuylkill, Mr. Goodman.


bill NO. 840, printer's No. 943, entitled:

An Act amending the "Pennsylvania Loyalty Act," approved December 22. 1951 (,P. L. 1126, No. 463), requiring the loyalty oath of all applicants for Commonwealth employment.

On the question, Will the House agree to the bill on third consideration? Mr. SALOOM requested and obtained unanimous con-

sent to offer the following amendments, which were read:

Amend Title, page line 15, by removing the period after "employment" and inserting: and all present employes who have not taken the oath.

Amend Bill, page 2, by inserting between lines 23 and

244ecti0n 2, The act is amended by adding a section to W S A .

The SPEAKER The Chair recognizes the gentleman from Delaware, Mr. Doyle.

Mr. DOYLE. Mr. Speaker, I agree with almost everything that the gentleman, M ~ , Fisher, has stated the workings of the committee. This is the first time

L-"...

Section 5.1. Present Employes; Oath; Discharge.- Every appointing authority shall require all persons, including teachers and employes of the public school system, who are employed by the Commonwealth of Penn- sylvania or any of its political subdivisions, other than those holding State or local elective office, who have not taken a loyalty oath, to make a written statement, under

we have seen this amendment. As a matter of fact, oath or affirmation, which statement shall contain notice


that it is subject to the penalties of perjury, and shall he in the following farm:

"I, ..................... do solemnly swear (or affirm) that I will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth, and that I will discharge the duties OF .................... with fidelity.

"And I do further swear (or affirm) that I am not knowingly a member with the specific intent to further the aims of any organization that advocates, the over- throw of the government of the United States or of this Cirmmonwcalth by force or violence or other unconstitu. tional means, or seeking hy force or violence to deny other persons their rights under the Constitution of the United Statcs o r of this Commonwealth.

"And I do further swpar (or affirm) that I will not knowingly bccon~e a member with the specific intent to further the a ims of such organization during the period that I am an employe of the commonwealth of pennsylvania (or political subdivision thereof).''

Any person failing or refusing to execute the statement reqnired by this sectinn shall be discharged immediately by the proper appointing authority.




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

SALOOM Speaker, House bill No. 840, deals with the loyalty oath, and the amendments that I am submitting just state that any person who has been hired by the Commonwealth of Pennsylvania, since the loyalty oath has been stricken from the state applications, would then be submitted to taking the loyalty oath and signing the loyalty oath for their employment. I would like to have an affirmative vote on the amendments.

PARLIAMENTARY INQUIRY CONSTITUTIONALITY OF AMENDMENT

he SPEAKER. The Chair recognizes the gentleman from ~ e h i g h , Mr. Ritter. For what Purpose does the gentleman rise?

Mr. RITTER. Mr. Speaker, I rise to a parliamentary inquiry.

The SPEAKER. The gentleman will state it. Mr. RITTER. I have a question about the bill itself,

but in particular about the amendment. Is this amendment constitutional?

The SPEAKER. Is the gentleman raising the question

have some guidance perhaps from someone who knows this issue a little better than I do, anyhow. Why is the constitutionality questioned, and perhaps the pro- ponents of the amendment could suggest why they think that it is constitutional? 1 would like to have a little legal advice on this matter, please.

SPEAKER. there a lawyer in the ~ o u s e ? IS

there a doctor in the Ilousel I think that the question raised by the gentleman, Mr.

Zearfoss, is a very appropriate one. I do not think that the House should he called upon to dispose of the issue of constitutionality without some legitimate legal input.

The Chair would suggest that a motion he put on the floor that the bill, plus the amendments, he laid upon the table until the matter can he resolved in that direction.

BILL AND AMENDMENTS TABLED

ZEARFOSS, I will make motion, The SPEAKER. There was a motion made by the

gentleman, Mr Zearfoss, that House hill No. 840, printer's No. 943, and the amendments he laid on the tahle.

The Chair recognizes the gentleman from Westmore- land, Mr. Saloom.

Mr. SALOOM. Mr. S ~ e a k e r . I would like to o~wose the . . motion. Whether it is constitutional or nnt. the bill is r ~ g h t ; the amendments are right; and I would like to protect our freedom. I think it is not too much to ask our employes who are working in delicate positions to uphold the constitution of this State and of the United States. 1, therefore, would oppose this motion and ask for a "no" vote.

~ h , SPEAKER. ~h~ chair recognizes the majority leader.

Mr. IRVIS. Mr. Speaker, I disagree with the gentleman. I think when the House has serious doubts about the

constitutionality of the question, it does not hurt anybody or any phase of any activity to delay at least 24 hours until we have an opportunity to study it. I suggest that we do table this hill.

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

Mr. SALOOM. Mr. Speaker, this bill has been on the calendar for 12 days now. If there had been any opposition to the hill within that 12 days, I believe that it would have been forthcoming by this time.

SPEAKER. ~h~ question of constitutionality, how. ever, has been raised on the matter of the amendments, not on the hill. -

of constitutionality? Mr. RITTER. Yes, Mr. Speaker. The SPEAKER The House will decide the question of

constitutionality, and the Chair will refer the matter for vote to the House.

The question to be decided the House is on the mat. ter of constitutionality of the amendments offered by the gentleman, Mr. Saloom. Those members voting in the affirmative will be voting in favor of constitutionality; those members voting in the negative will he voting to hold that the amendments are not constitutional.

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

Mr. ZEARFOSS. Mr. Speaker, I realize that whatever this House says is a fact on this issue and, if we say that this is constitutional, it is constitutional. But could we

The Chair recognizes the gentleman from Delaware, Zearfoss'

Mr ZEARFOSS. Mr. Speaker, I am not questioning the constitutionality of either the amendment or the bill or suggesting that they are constitutional. MY point is that I do not have any information and the person offer- . lng the amendment has not given us any. Maybe Mr. Ritter has the answer as to why he raised the issue of constitutionality. But unless someone can say something on this issue, I do not think the House should he asked to vote on it.

The SPEAKER. The Chair recognizes the gentleman from Allegheny, Mr. Sweeney.

Mr. SWEENEY. Mr. Speaker, would it he possible to see a copy of the loyalty oath so we know what we are deciding is constitutional or unconstitutional?


The SPEAKER. Does the gentleman refer to the act or to the amendment that is on the agenda?

Mr. SWEENEY. To the oath itself, Mr Speaker. The SPEAKER. The oath is contained in the amend-

ment offered by the gentleman. Mr. SWEENEY. Thank you, Mr. Speaker. The SPEAKER. But we are dealing not on the merits

- -

NOT VOTING-12

Dininni MeGraw Richardson Thomas Hammock Miller. M. E. Sullivan Vslicenti Haskell Pievsky Tayoun Wahh,T. P.

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

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

now, we are on the matter of the motion to table.

The Chair recognizes the gentleman from Lehigh, Mr. Ritter.

Mr. RITTER. Mr. Speaker, the reason I raised the constitutional question was because, unless my memory fails me, the Supreme Court of the United States had ruled that loyalty oaths per s+I think it was a case involving a school teacher from Arizona or New Mexico- were unconstitutional.

As a matter of fact, this House bill that we are attempting to amend is reenacting a statute which I believe had been, because of the Supreme Court ruling, declared unconstitutional. That is why I raised the issue in the first nlace.

The yeas and nays were required by Messrs. ZEAR- FOSS and SALOOM and were as follows:

QUESTION OF PERSONAL PRIVILEGE ~ h , SPEAKER. The Chair recognizes the gentleman

from Allegheny, 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. I would like to change my vote on

House bill No. 793 from "yes" to "no." The SPEAKER. The remarks of the gentleman will be

spread upon the record.

COPY OF AMENDMENTS REQUESTED

Abraham Barber Bennett Beren Berlin Berson Bittle Blackwell Bonetto Bradley Brandt Burns Butera Caputo Cessar Cimini Cohen Cole --~. Cowell Cumberland Davies Deverter Diearlo DiDonato Doyle Dreibelbis Englehart Fawcett Firher -

Flaherty Gallagher Geisler

Anderson, J. R. Arthurs Bellomini Brunner Crawford Davis. D. N DeMedio Dietz Dombrawsld Dorr Eckensbereer Fee Fiseher Foster. A. Foster. W. Fryer Gallen

The SPEAKER. The Chair recognizes the majority leader.

Mr. IRVIS. Mr. Speaker, if the gentleman, Mr. Saloom, will give me a copy of his amendment, I will have chief counsel research it and, within a day or so, we will be able to give him and the members of the House suf-

George McClatchy Giarnrnareo MeCue Giilespie MeGinnis Gillette McIntyre Gleason MeLane

YEAS-125

Gleeson Mebus Green Menhorn Greenfield Milanovich Grieeo Miller. M. E., Gring Milliron Hayes, S. E. Miscevich Hill Moehlmann Hutchinson. W. Morris Irvis Mullen

I ficient legal background so that a judgment may be made.

L m c b Manderino Reed Manmiller Renninger McCall Rhodes

Jr.

Rieger Ritter Ross Ruggiero Sehweder Seirica Shane Sheiton Smith, L. Spencer Stapleton Taylor Toil Turner Vann Wagner Wansacz Weidner Westerberg Whelan Wilson Wilt, W. W. Wojdak wolrilow Yohn Zearfoss Zord z w i u

Fineman, Sr

Shupnik Sirianni Smith. E. Stahl stout Sweeney Taddonio Trello Ustynozlti Vroon Wargo Whitt le~ey Wilt, R. W. Wright Yahner Zeller


from Chester, Mr. Smith. For what purpose does the gentleman rise?

Mr. E. H. SMITH. I rise to a question of personal privilege.

The SPEAKER. The gentleman will state it. Mr. E. H. SMITH. Mr. Speaker, I am trying very

hard to abide by your edict to change votes between bills. However, I find it quite difficult as fast as we are moving.

On House bill No. 803, my switch did not work. I would like to be voted in favor of that bill.


The Chair recognizes the gentleman 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, on House bill No. 793.

I had intended to vote in the negative but somehow I have been recorded in the affirmative. I would like the record to note that.

The SPEAKER. The gentleman's remarks will be noted.

The Chair recognizes the gentleman from Lehigh, Mr. Eckensberger.

Mr. ECKENSBERGER. I have the same problem, Mr. Sueaker. I would like to be recorded in the neeative on &use bill No. 793.

- The SPEAKER. The gentleman's remarks will be

noted.

1 Agreeable to order,

1975. LEGISLATIVE J O U R N A k H O U S E 1799

The House proceeded to third consideration of House bill No. 854, printer's No. 1833, entitled:

An Act amending the "Pennsy1v;:ia Solid Waste-Re- source Recovery Development Act, approved July 20. 1974 (No. 198), providing for demonstration Prp~eCtS; providing for grants; imposing Powers and duties on the Department of Environmental Resources and the En- vironmental Quality Board and making an aPProPrla- tion.





YEAS-I91

Abraham George McCue Scheaffer Anderson, J. H. Giammnrco McGinnis Schmitt Arthurs Gillespie MeIntyre Schweder Barber Gillette MeLane Scirica Bennett Gleason Mehus Seltzer Beren Gleeson Menhorn Shane Berlin Goodman Milanovich Shelhamer Berson Green Miller, M. E. shelton Bittle Greenfield Miller. M. E.. Jr. Shuman Blackwell Grieco Milliron Shupnik Bonetto Gring Miscevich Sirianni Bradley Halverson Moehlmann smith, E. Brandt Hamilton. J. H. Morris Smith. L. Brunner Hasay M I ~ O I I ~ C Spencer Bums Haskell Mullen Stahl Butera Hayes. D. S. Mulien, M. P. stapleton Caputo Hayes, S. E. Mmto Stout Cesaar Hepford Myers Swceney Cimini Hill NovaB Taddonio Cohen Hopkins Noye Taylor Cole Hutchinson. A. O'Brien Tayoun Cowell Hutchinson. W. O'Connell Toll Crawford Irvis O'Donnell Trello Cumberland Itkin O'KeeIe Turner Davies Johnson. J. Oliver Vann Davis, D. X. Katz Pancoast Vroon DeMedio Kelly. A. P. Parker. H. s Wagner Deverter Kelly, J. 9. Perri Wansa~z Diearlo Kernick Perry Wargo DiDonato Kistler Petrarca Weidner Dietz Klingaman Pitts Westerberg Domhrowskl Knepper Polite Whelan Dorr Kolter Pratt Whittlesey Doyle Kowalyshyn Prcndergast Wilson Dreibelbis Kusse Pyles Wilt. R. W. Eckensherger LaMarea Rappaport Wilt. W. W. Englehart Laudndfo Reed Wojdvk Fawceit Laughlln Renninger Worrilow Fee Lederer Henwick Wright F i s h e r Lehr Rhodes Yahner Fisher Letterman Rieger Yohn Flaherty Levi Ritter Zearfoss Foster. A. Lincolll Romanelli Zeller Foster. W. Lynch Ross Zord Fryer Manderfno Ruggiero Zwikl Gallagher Manmiller Ryan Gallen McCall Saloorn Finernan. Gnrzia McCIatchy Salvatore Geesey

Speaker

NAYS--0

NOT VOTING-13

Bellomini Hammock Richardson VstynosM Dininnl M c G r a ~ Sullivan Valieentf Geisler Pievslry Thomas Walsh, T. P.



An Act amending "The Vehicle Code," approved April 29, 1959 (P. L. 58, No. 32), creatlng additional classes,of commercial motor vehicles and truck tractors, prescr~b- ing registration fees therefnra, prescribing maximum gross weights of combinations of which such additional classes are a part and changing penalties.

On the question, Will the House agrce to the bill on third consideration? Mr. LETTERMAN requested and obtained unanimous

consent to offer the followirlg amendments, which were read:

Amend Title, page 1, line 9, by striking out "and" Amend Title, page 1, line 9, by removing the period

;her "penalties" and inserting: and granting the secre- ary the power to exclude certain vehicles from certain

highways. Amend Sec. 1, page 1, line 12, by striking out "Section"

where it appears the second time and inserting: Suhsec- tion (a) of section

Amend Bill, page I , by inserting between lines 4 and 5: Section 5. Sectlon 1101 of the act is amended by adding

a subsection to read: Section 1101. When Authorities May Restrict Right to

Use Highways. * * * (c) Whenever necessary for the safe and expeditious

travel of traffic, the Secretary of Transportation may exclude certain types and classes of vehicles, including trailers and semi-trailers, from any highway when there are alternate routes available for such excluded vehicles. Such exclusion shall not apply to those vehicles which must use the designated strc!.ch of highway for local deliveries. Any class or type of vehicle excluded from any highway under this subsection shall he designated as excluded on official signs to be posted an such highways at their intersection with alternate routes.

Penalty.-Any person refusing to unload excess weight when so ordered by a peace officer in uniform, or violating any of the other provisions of this section, or viola!ing any ordinance, resolution or ruling promulgated under the provisions of this section, shall, upon summary conviction before a magistrate, be sentenced to pay a fine of fifty dollars ($50.00) and costs of prosecution, and, in default of the payment thereof, shall undergo imprisonment for not more than five (5) days: Provided, however, That this penalty shall not apply to the operation of tractors.

Amend Sec. 5, page I , line 5, by striking out "5" and inserting: 6


The SPEAICER. The Chair recognizes the gentleman frnnl Centre, Mr. Letterman.

Mr. LETTERMAN. Mr. Speaker, these amendments speak to the problem of the Secretary of Transportation who cannot at this time keep certain types of vehicles off roads that we know are being hurt by frost or by any kind of water. With the heavy transportation over them, we lose a lot of the road and road base that we would be able to save if we could send this transportation around on another road.

All I am asking is, when it is necessary for safe and expeditious travel of traffic. that the secretary has that wower to exclude certain vehicles from a niece of road.

The majority required by the Constitution having voted in the affirmative, the question was determined in the air'irmative.

Ordered, That the clerk present the same to the Senate

I think this would be real helpful to us and I would certainly like to see an affirmative vote on this.

One of the cases that I have in my district is High- way 144. A lot of these pcoplc here travel this road and,

for concurrence. if they follom, a tractor and trailer across the ro:ld around

LEGISLATIVE JOURNAL-HOUSE J u l y 1,

8 o'clock in the morning, they will find out it takes them Mr. WESTERBERG. Mr. Speaker, I realize that that about- language was rather short, but when I think of the im-

PARLIAMENTARY INQUIRY

The SPEAKER. The Chair recognizes the gentlemar from Crawford, Mr. Haskcll. For what purpose does the gentleman rise?

Mr. IIASKELL. I rise to a parliamentary inquiry. The SPEAKER. The gentleman will state it. Mr. IIASICELL. Mr. Speaker, the gentleman, Mr. Let-

terman, stated that he is offering two amendments. Thosc of us in section one have received no copies of thesr amendments. I would appreciate receiving one befort we discuss it any further, please.

The SPEAKER. Have the amendments been preparec and distributed, Mr. Letterman?

Mr. LETTERMAN. I have turned them in, Mr Sn~aker .

plications that this may bring and to what may result from the adoption of this amendment, I-although the amendment may be good-will certainly vote against this because I want a little more time to study this before I would ever vote for it.

I know the road that he is speaking of. I travel over it twice a week. I have never been held up as long as he says and I have followed trucks up that hill a good many times. I realize it seems that long, but when you time it, it is not. I aso think that with the signs necessary to do this, I believe that this amendment should have a fiscal note and I do not see how we can vote on it without a fiscal note. I sure cannot vote on it with the little time I have had to study all the implications. Therefore, I ask that he either withdraw this, furnish a fiscal note, or I ask the members to vote against it.

whenever necessary for the safe and expedi- would suggest that the amendment be accepted and let tious travel of traffic. the Secretary of Trans- us roll it.

-, - ----

The SPEAKER. Will someone please furnish to Mr. Haskell a copy of the amendments?

Will the members be satisfied-it is rather a brief amendment-if the Chair reads the amendments slowly and clearly?

The amendment reads as follows:

The SPEAKER, The Chair recognizes the gentleman from Allegheny, Mr. Bonetto.

Mr. BONETTO, Speaker, this amendment is a Mmay2, amendment that empowers the Secretary of Trans- portation to designate alternate routes. In view of the fact that it empowers the secretary on a "may" basis, I

The Chair recognizes the gentleman from Centre, Mr. than that we lose it and we have to repave and recon- Letterman. struct the entire road.

portation may exclude certain types and classes of vehicles, including trailers and semi-trailers, from any highway when there are alternate routes for such Such not to ve- hicks which must use the designated stretch of highway for local deliveries. Any class or type of vehicle excluded from any highway under this subsection shall be designated as excluded On Official signs to be posted On such highways at their intersection with alternate routes.

The SPEAKER. The Chair recognizes the gentleman from Centre, Letterman.

Mr. LETTERMAN. Mr. Speaker, I do not understand Mr. Westerhergzs statement, I do not know what the fiscal impact would be. The signs are already made up; all they have to do is tack a few of them up on a piece of road for which you requested in the district. You might consider the fact that we can save a piece of road in one day during the lift across, In one day if we post this road and say no traffic across there of a certain type of vehicle, we can save the entire road, where other

Mr. LETTERMAN. In my district on Route 144 coming across the seven mountains in the present Gap Mountain, it takes you approximately 30 minutes to 35 minutes to travel no more than 2 % to 3 miles. There is no reason for tractors and trailers to he using this stretch of road in the first place. They have 1-80 on which they can travel and come to Harrisburg just as easily and just as fast. The only reason they refuse to use this kind of a piece of road is because it is about 15 miles out of their way. They could make it in shorter time. I would think that the secretary should have the right to do this.

This certain piece of road would cost $47 million to replace. So there is no hope for anybody in that district being able to travel without being hindered in getting to their destination without having to follow a tractor and trailer up these mountain roads. I think this is what the Federal Government intended when they started to give us money to build four-lane highways, for fast transportation for these tractors and trailers. I certainly think that anybody who has to travel such a road as this would agree with me and I hope we can get an affirmative vote on this.


The SPEAKER, The Chair recognizes the gentleman from Centre, Mr. Dreihelbis.

DREIBELBIS, Speaker, will the gentleman, Mr. Bonetto, consent to iaterrogation?

The SPEAKER. Will the gentleman, Mr. Bonetto, consent to interrogation?

Mr. BONETTO. Yes, Mr. Speaker. The SPEAKER. The gentleman may proceed. Mr. DREIBELBIS. Mr. Speaker, I understood that

one of the problems of the prohihition of the secretary to designate certain routes far certain traffic on state roads was because the revenues derived from all the vehicular traffic, no matter what the type of it was, made this road passable for any vehicle. Is this by statute or why was this in the past?

Let me continue the question a little hit, Do you not think that, with this amendment, the possibility of anytime that a state road goes through a town that might be narrow or something that the municipality then would ask for a prohibition on trucks? As it is now, anytime that happens the Highway Department is quick to point out that they would be glad to give hack the road in a lot of instances to the municipality, but they will not accept it. If this amendment were adopted, would it not be true that the municipalities would be asking the


Highway Department for restrictions rather than the reversion of state roads?

Mr. BONETTO. The municipality already has that authority to ask the Commonwealth or the Department of Transportation for restrictions. There are many occasions in the Commonwealth in which the secretary and the Department of Transportation must decide whether or not that road can be used by trucks or other vehicular traffic.

This is a "may" bill. This is not something that will Compel the Secretary of Transportation to post or r e - strict traffic on any highway. It will be his opinion, I think. in coniunction with reouests from local munici-

I know that it has been said that therc arc areas of restriction that can he given to a community, but we have always been denied. As a matter a l fad., thcy say that thcre are no teeth in the law to do it. Thcre is always this "may" business and, i f they may, they want to. If the large interest thcre has the control, you are denied; and we have always bccn denied.

Our present mayor is trying to have thzsc liquid pro- panc and various other highly inflamm;~ble items rc- routed around the communitjj. He bas been denied.

In the area of protection of these definite hazards, I think it is very vital that rve have this amendment in there. and this is one of the reasons whv I sunnort it.

palities, and, therefore, I find no problem with it. M ~ , D ~ ~ ~ ~ ~ ~ B ~ s , M ~ , speaker, as I understand it,

and I may be in error, the Department of Transportation cannot restrict vehicular traffic from a state road unless it is by weight limit or height or something?

M ~ , B O N E T T ~ , That is true, ~h~ ~ ~ ~ ~ ~ t ~ ~ ~ t of ~ ~ ~ ~ ~ ~ ~ ~ t ~ t i ~ ~ has that authority already to restrict the load limit of any particular highway or bridge.

M ~ , D R E I ~ E L B ~ S , well, they have told us in our area that they do not have that prerogative.

Mr. BONETTO. Well, they have. M,., DREIBELB~S, ~f have, why do we need the

amendment? M ~ , BONETTO. I have heen wondering that for a

long time. I told you that in caucus.

~ -~ ~ . . The SPEAKER. The Chair recognizes the ~cn t l cman

McKean. Mr. Westerberg. Mr. WESTERBERG. Mr. S p ~ a k e r , if you will check

on Hnuse bill No. 869, on pagc 5, it states there, ". . . whcnevcr necessary for the protection of any highway or for the safcty of traffic thercr:n, the Secretary of Transportation shall have powcr to limit the maximum gross weight of combinations of vehicles operated there- on, which limitation shall bc designated on official signs placed on such highway and its intersections with highways on which heavier maximum gross weights are permitted."

So. I do not see the necessity of this, and also the local subdivisions have control of their roads, the ones that they maintain and own, and thcy can post those at

~h~ SPEAKER. ~h~ chair recognizes the gentleman from Centre, Mr. Letterman.

Mr. LETTERMAN. Mr. Speaker, Mr. Dreibelbis is absolutely correct. We have been told that they cannot do it.

I have one legislative route, 18041, which just cost us $70,000 to repair because the Secretary of Transports- tion told us he did not have the authority to restrict traffic. It was in a rainy, muddy condition and they were only hauling for one day, but that construction company completely destroyed 1.8 mile of road in the situation.

Another situation, in Pleasant Gap, Pennsylvania, I just had to get $45,000 to repair a road to turn that over to the municipality. Most of these are little side roads.

anytime for frost conditions or for other rcasons. There- fore, I see no reason for adopting this amcndmcnt.

The SPEAKER. The Chair recognizes the gent!eman from centre, M ~ . ~ ~ t t ~ ~ ~ ~ ~ ,

Mr. LETTERMAN. I cannot understand why Mr. We<- terherg is fighting my amendment then, if he agrees it is in the bill and it is okay now.

What about detours? That is the othcr place and the things it does not talk to that my amendment would take care of?

Mr. WESTERBERG. I guess that prohahly the trucks are not just going to sit there. I have a great deal of faith in these truclc opcrators. And if they are not allowed to use this road, they are going to find ancther way around. I am quite sure of that.

The road was in beautiful condition and in less than a year's time these heavy tractors and trailers decided to use it to even the extent where the sides were rubbing telephone poles, trees, everything else. Nobody is allowed to park on the road or near it, and it was really a hazardous condition.

I think that my amendment would really take care of these situations and at least let a community make a request of the secretary to do just what my amendment says. I believe that i t is something that we need in this state.

The SPEAKER. The Chair recognizes the gentlemail from Lehigli, Mr.

Mr. zELLER. Mr. in to what Mr. Westerberg said, he is right if it is a borough-controlled, no-ordained-street. But these are state highways. We have no control over them, Mr. Westerbcrg. This is a State highway. We have been denied, and I know this f"' a fact, sir. You can talk all you want to the members here. I was denied as a mayor of the community. Our present mayor is denied. In no way can we get them rerouted. They will not give us that privilege.

The SPEAKER. The Chair recognizes the gentleman from Lehigh, Mr. Zeller.

Mr. ZELLER. Mr. Speaker, there is a little bit to this amendment than has not been brought out.

Mr. Letterman is right. This amendment is very

our community and, as a matter of fact, we requested it.'RIAM i n d WESTERBERG an2 were i s follows:

Tell it like it is. Do not give us that business. We are talking about stale highways. We are not tallcin5 about borough streets. We closed off many borough streets, no problem; but I a m talking about a state highway.

badly needed because, as a former official in a borough, we have tried for years to get these large bombs loaded with liquid propane and many other highly inflammable and various explosive materials to he rerouted around

On the rluestion recurring, Will the Iiouse agree to the amendments?

The yeas and navs were rcouired hv Messrs. LET'J'ER-

I802 LEGISLATIVE J O U R N A L H O U S E July 1,

YEAS-180 1 Class Gross Weight (lbs.) Fee

Abraham Aniiers~n, J. .4ithun Ilarber Rcnnett Rcren Berlin Xittle Blackwell Banetto Bradley Hrunner Burns nutcra Caputo ccssar Ciminl Cohen Cole Cowell Crnwford 3avies Davis, D.M. DeMedio neverter Dicarlo OiDonato Dietz Dombrows!d D ~ r r Doyle Dreibeibis Eckensberga Englehart Fvweett Fce Fiseher Flaherty Foster, A. Foster. W. Fryer Gallagher Garzia C.eesey Ceisler George

modman Milnnovich Green Miller, M. E. Grepnficld Miller. M. E.. Jr. Grieco Milliron Gring hlisccvich Hnluerson Morhlmann Hanilton. J. H. Morris riasay nmuen Haskell Mullcn. M. P. H w e s . D. S. Musto

nill 0 ' ~ r i r . n Hutchinson. A. D'Connt!ll Hutchinson. W. O'Donneil lrvis O'Kcpfe Itkin Olivrr Johnson. J. Pnncoast Kntz Parkcr, H. S. Xr,lly, A. P. Perri ICelly. J. B. Pcrry Kernick Petrarea Kistler Pittr Klingaman Polite K n e p o e ~ Prvtt I<olter Prcndergast Kowalyshyn Pyle-s

' LrlMarca Rappapart 1,nurladio Rced T.nuehlin Rcnninger L c d ~ r e r Renwick Lehr Rhodes Letterman Rieger 1,evi Ritter Lincoln Romanelli Lynch ROSS Wanderino Ruggiero Manmiller Saloom McCall Salvatore McClatchy Schcvffer nrccue

Schmttt Schweder Sciriea Seltzer Shane Shelhamcr Shelton Shurnan Shupnik Sirianni Smith. E. Smith, L. Spencer stah1 Stapleton stout suuivan Sweeney Taddonio Taylor Tayoun Toll Trello Turner Ustynoskl Y a m Vroon Wagner Wansacz Wargo Weidner Whelm Whittlesey Wlhon Wllt. w. W. Wojdak Worrilow Wright Yahner Zeller Zord ZWkl

Fineman. Speakel

Brsndt Gallen Mrkonie Wllt. R. W. Cumberland IIopkins Ryan Yohn Fisher I<ws~ wc5terberg Zeafloss

NOT VOTING-11

Eellomini Plamrnock Pievsky Valleenti Berson McGraw Richardson Wash. T. P. Dininnl Noye Thomas

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

On the question, Will the Ilouse agree to the bill as amended on third

consideration? Mr. LETTERMAN requested and obta~ned unanimous

consent to offer the iollowine amendments. which were






The SPEAKER. The Chair recognizes the gentleman from Centre, Mr. Letterman.

Mr. LETTERMAN. Mr. Speaker, over the years I have recognized one part of a hill that I feel is so unjust that I have tried to correct this for 3 years. I would hope that the membership really would pay attention to this and think about it.

On the small utility trailers, we charge a $12 fee straight across the board for all utility trailers. If a man has a small rowboat and he wants to take it down to a lake-and he only uses it for approximately 3 to 4 months out of a year, maybe only 3 times during that year-he pays $12. If a man has a yacht and wants to travel across this country, he can haul it for the same amount of money.

All I am saying is, we should put this into calibration. I am establishing here three new classes of weights, 5, 6, and 7. Class 5 would be for 1,000 pounds gross weight; the fee would be $4. Class 6, the gross weight would be 2,000 pounds, and that would be $8. Class 7 , 3,000 pounds and over, and the fee would be $12.

We will take the winter. If you had a snowmobile and you used it maybe 5 times-you know what kind of snowmobiling we have had in Pennsylvania-These people are paying $12 just to haul that snowmobile, and you can take a trailer and run all over this country and haul coal or anything else on it and you are still paying the same amount for everyday use that a man pays just for a month or 2 month's use. I hope we get an aflirm- ative vote on this also.

POINT OF ORDER


Mr. WESTERBERG. I rise to a point of order. The SPEAKER. The gentleman will state it. .*

read: I Mr. WESTERBERG. Mr. Speaker, I would like to

Amend Title, page 1, line 8, by inserting after "part,". fixing fees for utility trailers

Amend Bill, page 3, by inserting between lines 2 and 3:

Section 2. Subsection (a) of section 707 of the act. amended July 23, 1970 (P. L. 590, No. 198), is amended tn rosrl.

know what the fiscal cost will be on this bill. It will definitely be a loss of revenue to the department and I believe that we deserve a fiscal note on this.

The SPEAKER. That point of order is properly raised. This amendment does require a fiscal note,

The Chair would suggest to the gentleman that he "- Section 707. Trailers and Semi-Trailers.-(a) The fee

for annual registration of a mobilehome, house trailer, office trailer, [boat trailer] or fertilizer trailer shall be twelve dollars ($12.00). * * *

endeavor to get a fiscal note and, in fairness to the gentleman, the bill and the amendments will not be voted upon finally today fo r that reason, The Chair will entertain. however. the other amendments at this time.

Section 3. Section 707 of the act is amended by adding a subsection to read:

Section 707. Trailers and Semi-Trailers.-* * * The Chair recognizes the gentleman from Centre, Mr.

Letterman. (e) The fee for annual registration of a utility trailer LETTERMAN, Speaker, when I turned shall be as follows:


amendments in 2 weeks ago, why has not a fiscal note been attached t o it if it was needed? This was gone over.

The SPEAKER. Did the gentleman request a fiscal note?

Mr. LETTERMAN. No, sir. The SPEAKER. It is up to the memher who is offer-

ing the amendment to request the chairman of the Appropriations Committee to get a fiscal note.

Mr. LETTERMAN. I am sorry, I did not know that. Thank you.

The SPEAKER. The Chair recognizes the gentleman from Allegheny, Mr. Bonetto.

Mr. BONETTO. Mr. Speaker, I would like to request the gentleman to withdraw his amendment and to submit to the General Assembly a hill asking exactly what he wants to do, and I will assure him that our commiltec will certainly give it every consideration, and a fiscal note will then be attached.

in a two (2) mile radius of where another srale is available on a twenty-four (24) h o w basis.


Amend Sec. 3, page 4, line 4, by striking out "3." and insertine: 4~ -~ - - - - ~ - ~ -

Arne; s%. 4, page 5, line 17, by striking out "4." and inserting: 5.

Amend Bill, page 7, line 5, by striking out all of said line and inserting: Section 6. Subsection (a) of section 904 of the act, amended August 27, 1965 (P. L. 416, No. 213) and August 27, 1965 (P. L. 418, Nu. 214), is amended to read:

Section 904. ORiccrs May Weigh Vehicles or Tractors. -(a) Any peace officer who shall he in uniform, and shall exhibit his badge or other sign of authority, having reason to believe that the gross weight of a vehicle ur combination of vehicles or a tractor or the weight upon any axle ar pair of axles thereof is unlawful, is authorized to weigh the same by m a n s of [eithcr a portable or] a stationary scale or may require that such vehicle ur combination of vehicles or tractor be driven to the nearest stationary scale in the event such scale is within a distance of two (2) miles except when the allcgcd violation occurs on a highway in the Interstate High- wav Svstem in which care the nrovisions oC section 904.2

Mr. LETTERMAN. Mr. Speaker. I will be glad to do that. I have had the hill in for 4 years. It has been in your committee and I have asked for it, and that is why I tried to amend this. So I will do what you say and I will withdraw this amendment, because I know the importance of the other part of the bill.

The SPEAKER. The Chair thanks you very much. The day-care center will now come to attent~on. Get the child under control or have her removed.

AMENDMENT WITHDRAWN I

The Chair recognizes the minority leader. Mr. BUTERA. Mr. Speaker, the record should show

who the chlld is. There will come a day when her father may want to show her thls record, and I think you ought to announce that.

The SPEAKER. Is that a "Fischer" heir? Mr. BUTERA. I think it is the only heir to that vast

fortune. The SPEAKER. Someone said that is a Fischer body

shall apply. * * *

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

consideration? Mr. SHELHAMER requested and obtained unanimou:

concent to offer the following amendments, which were read:

Amend Title, Daze 1, line 9, by removine the ~ e r i o d 1 after "penalties"-aiid inserting: ;-providing-for thb De- partment of Transportation to construct stationary s c a l ~ s and buildings to house such scales on the Interstate Hirhwav Svstem: authorizing the State Polire to have certain "vehicles and tractors'-weighed at Department of Transportation stationary scales on the Interstate High-

~~~~-~

A&id ~ i l i : nage 3. bv irisertine between lines 2 and 3: /

agencies, shall have the power, 'and its duty shali be to 1 cbnstruct stationary scaies and places to- house such( scales on the Interstate Highway System for the pur- nose of checking vehicle and tractor weight violations 1

. . .

Penalty.-Any operator whc shall fail, neglect or refuse to comply with thu requirements of a pearc oflicer givcn pursuant to the provisions of this section, shall, upon summary conviction before a magistrate, be sen-. tencud to pay a fine of one hundred dollars ($100.00) and costs of prosecution, and, in default of the payment !.hereof, shall undorga imprisonment for not more than lhirly (30) days. In addition to thc foregoing penalty, the secretary may suspend the operating privilege i,f

the operalor for a period of thirty (30) days. Section 7. 'l'hc act is amended by adding a seciion

tn roxrl. . . . - .. -. Section 904.2. Department of Transportation to Main-

tain Stationary Scales and Inspection Points on the Interstate Highway System: State I'olice May Weigh Vehicles or Tractors.-(a) The Der~artment of Tran.;. portalion shall maintain on the Interstate Ilighway Sys- tem at paints which it deems necessary, stationary scai": ior thc purpose of checking vehicle and tractor weight

~ ~

vlnlatlons. (h) State Police officers, having reason to believe that

the gross weight of a vehicle or combination of vehiclds or a-tractcr or the weight upon any axle or pair of a:;ii,s thereof is unlawful, are authorized tr: weigh the samc on a scale urovided for in subsection (a) when thr alleged ~ ~ ~ - -

viola<on~&curs on a highway in the'fnterstate Highway System in the event the scale is within a distance of two (2) miles.

Section 8. Subsection (a ) of section 1301 of the act, amended December 30, 1974 (No. 332), is amended i.o rcad:

Section 1301. Disposition of Fines and Forfciturcs.- ( a ) All fines and penalties collected under the pro-

visions of this act lor-violations of the same, and all-hail forfeited under said provisions, shall be paid to the department, and transmiticcl to the Stale Treasury, and credited to the "General Fund," except those collected for violations of the provisions of sections 903, 905, 1002, 1011. 1015, 1016, 1019, 1021, 1028, 1030, 1042 and 10-13

forfelted shall be p a d to the treacurer of the city, hor- "ugh, incuri3oraied town or township, wherein th; violation occurred, and except those collected for violations of the provisions as to weight, including violations of section 904 which Cines. nenalties and forfeited hail shall ~~~~ -- ~~

be naid to the treasure; of the city, borough, incorpor- ates town or township wherein the violatyon occurred. All lines, penalties and forfeited bail collected for violations of the provisions of section 904.2 shall be paid to the State Treasurer and credited to the Motor Licen::r

6f this act on such highway system. ~ h j depart6;nt 1 shall not establish a scale on an Interstate H~ghway with-

Fund. All such fines and penalties cullccted for violations of section 1002 committed anywhere on interstate


hirihwavs and the Pennsylvania Turnpike and extensions 1 The SPEAKER. The Chair recognizes the gentleman

L ~ - ~ " . . . . highway and bridge purposes. " 1 amendment.

*: * Y

shiil be paid to the department anrl-transmitted to the Slate Treasury and crcdited to the Motor License Fund. All moneys paid to any such city, borough, incorporated t o v ~ n or township, under the provisions of this section shall he used for the construction, rcpair and maintenance of the highways thereof: Provided, That all fines and penalties collected, and all bail forfeited for violations of the provisions of ssction 1037, shall be paid to the treasurer of the county wherein the violation occurred, to he used by such county for the payment of physicians' ices f u r the examinntior1 of persons accused of violat~ng the provisions of the said section. Any balance remaining in the treasury of the county at the expiration oC the calundar year and not for nhvsirians' services rendered. shall he used for countv

Section 9. Except for the provisions of section 704 l-he SPEAKER. The Chair recognizes the gentleman and section 903 in so far as these two sections permit certain weight incrcascs to occur, this act shall take from Chester, Mr. Vroon. effect immediately. The provisions of section 704 and Mr. VROON. Mr. Speaker, does not this amendment

frorn M ~ K ~ ~ ~ , Mr. Westerberg. Mr. WESTERBERG. Mr. Spealier, I have no objections

to this amendment and I intend to support it. Thank you.

~ h , SPEAKER, ~h~ chair recognizes the gentleman Mr. Bonetto.

Mr. BONETTO. Mr. Speaker, I also support the amendment. It is a program that has already been set ,,, by the ~ ~ ~ ~ ~ t ~ ~ n t of Transportation, to place weigh- . - lng Stations on the interstate system in conjunction with the a ~ ~ r o v a l of the Federal Eovernment. so I sunnort the


section YO3 pcrmltting cerfain weight increases to occur, shall not take effcct until the Department of Transpor- tation construcis and has operating weigh stations at such points as the Secretary uf 'lransportation deter- mines at which time the new weight limitations shall prevail un Lhc Interstate Highway System and such other hlghways as designated by the Secretary af Transpor-


Mr. SHELHAMER. Thank you, Mr. Speaker. Mr. Speaker, I will offer three amendments to House

bill No. 869. The first one that I am going to offer is listed as "1A." This amendment, the first one that i! presently being offered, will require that prior to the approval of 80,000-pound trucks on interstates, thal wcigh stations will have to he constructed.

This amcndmcnt is drawn over the bills that this

also require a fiscal note? i-he SPEAKER, ~t does, indeed. The gentleman raises

an appropriate point.

The Chair recognizes the gcntleman from Columbia, Mr. Shelhamer.

Mr. SHELHAMER. Mr. Speaker, for the gentleman's interest, I have a fiscal note here that I received from the Secretary of Transportation and will he glad to make it available to him.

The SPEAKER. The Chair recognizes the gentleman from Chester, Mr. Vroon.

Mr. VROON. Mr. Speaker, may we ask that it be distributed to the membership?

The SPEAKER. Will the gentleman, Mr. Shelhamer, advise the members of the House as to the content of the fiscal note?

Mr. SHELIIAMER. Yes, Mr. Speaker. The content of the fiscal note, and I will- The SPEAKER. The gentleman mav ~roceed . . .

House passed last year. At that time, in the last session, ~ r . SHELHAMER. Dies the gentleman have a ques- I sponsored a couple of hills that would, in fact, do just 1 tion? exactly what we arc doing here today. Those bills ~ a s s e d the House almost unanimousl~ and went over to the Senate and, unfortunately, they died over there before the session could be concluded.

What we are doing under this amendment is that if House hill No. 869 should become law, it would require that weigh stations be huilt on our interstate highways. It would also protect those weigh stations that are presently being operated by municipalities by inserting a clause that would require that no state weigh stations will be built ncar or within a legal distance of where a municipality is already operating a weigh station.

There is no loss of revenue to the local municipality. The weigh stations that will be built will be built on interstate highways; they will be staffed by state employes; the people will be apprehended by state policemen; and the fines that will be taken from them will, of course, go to the Commonwealth. But the weigh stations that are already operating off the interstate highways will continue to operate, and there will be no weigh station built in that legal d'lstance to wherc those trucks can he taken off.

This particular amcndment has the approval of the Department of Transportation, and I would hope that i t would have the approval of the House.

Mr. vROON. Where did the fiscal note come from? M,. SHELIIAMER. ~t came from the Department of

~ ~ ~ ~ ~ ~ ~ ~ t ~ t i ~ ~ . Mr. VROON. Does not our rule call for a fiscal note

from our Appropriations Committee, Mr. Speaker? The SPEAKER. It does. Mr. SHELHAMER. It is my understanding, Mr.

Speaker, that if the Appropriations Committee were to seek one, this is where they would get it from.

Mr. VROON. Nevertheless, Mr. Speaker, I feel sure -although I do not want to make a big issue of this- that it is proper, and all of us have appropriate fiscal notes in front of us issued by the Appropriations Com- mittee.

The SPEAKER. Will the majority Appropriations Committee chairman consent to interrogation?

Mr. WOJDAK. Yes, Mr. Speaker. The SPEAKER. The question has been raised as to

the appropriateness of a fiscal note which the gcntleman, Mr. Shelhamer, has in his possession which has been furnished by the Department of Transportation. If the Appropriations Committee chairman had the benefit of the information furnished by the department, would the Appropriations Committee chairman adopt that information as the fiscal note of the Appropriations Committee,


or would thc Appropriations Committee chairman make/ RULES SUSPENDED his own independent investigation of the costs?

WOJDAK, Speaker, the committee would have to make its own independent investigation of the costs. I do not think the fiscal note, or what Mr. Shel-

The SPEAKER. The question is on the motion to tcm- porarily waive the rules to obviate the necessity of a fiscal note.

hamer is calling the fiscal note, satisiies the Rules of the House.

The SPEAKER. The Chair thanks the gentleman.

The Chair recognizes the gentleman from Columbia, Mr. Shelhamer.

Mr. SHELHAMER. Mr. Speaker, may I interrogate the gentleman, Mr. Wodjak?

The SPEAKER. Will the gentleman, Mr. Wojdak, consent to interrogation?

Mr. WOJDAK. Yes, Mr. Speaker. Mr. SHELHAMER. Thank you, Mr. Speaker. Mr. Speaker, would the gentleman tell the House what

sources he would use to evaluate the costs? Mr. WOJDAK. We would gather as much information

as possible from the Transportation Department and any other sources that we felt were relevant to determining the question of the costs.

Mr. SHELHAMER. And what would those other sources be that you thought would be relevant?

Mr. WOJDAK. I would have to look at the amendment, Mr. Speaker. I am proceeding on the assumption that the amendment needs a fiscal note and I am not Even sure that it does.

The SPEAKER. The Chair recognizes the gentleman from Chester, Mr. Vroon.

Mr. VROON. Mr. Speaker, perhaps you were about to answer that question.

But the construction of weighing stations on our interstate-highway systems certainly involves the spending of money, considerable money.

The SPEAKER. On the point in issue, the Chair would rule that the amendment does require a-

The Chair recognizes the gentleman from Columbia, Mr Shelhamer.

Mr. SHELHAMER. Mr. Speaker, since I have the communication from the Department of Transportation and I would think that, although I do not have the benefit of the area that the Appropriations Committee chairman might go beyond that, I would think that this would basically satisfy.

Would it he proper, if you feel the rules call for this, that we could waive the rules at this time and accept the amendment on that or else hold the bill?

The SPEAKER. The House may always waive the rules of the House if the members of the House are satisfied as to the content of the fiscal information that has been furnished to the gentleman by the department. The House, in its wisdom, may decide to, in this instance, waive the rules of the House.

Mr. SHELHAMER. Mr Speaker, I might also point out that copies of this fiscal note were sent to the other side. Mr. Westcrberg has received a copy of this. There are other people in the House here who have received copies of this and, since the amendment is of great interest to the members of this House and since I believe that most of them ieel that it should be incorporated into this particular bill, I would move that the rules would he waived and that we could proceed.

The Chair recognizes the gentleman, Mr. Vroon. Mr VROON. Mr. Speaker, I did not hear a motion to

that The SPEAKER. The gentleman, Mr. Shelhamer, moved

to that effect.

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

The yeas and nays were required by Messrs. SHEL- HAMER and VROON and were as follows:

YEAS-147

Abrnham Geisler McIntyre Ruggiero Anderson. L H. George McLane Salosm ~ r t h u r s ~ i ~ ~ m a i c o Mebus Scheaaer :::",'it Gillespie Menhorn Sehmitt

Gillette Milanovich Scilw~der B,,,, Gleason Milliron scirica Berlin Gleeson Miller, M. E. Shane

:,":,ru Goodman Miller. M. E., Jr. Shelhamer Green Miscevich Shclton

Bradley Greenfield Morris Shuman :pF Grieco hlrkonie Shupnik Hasay Mullen, M. P. Stapleton

outera ~ a y e s . D. S. Mullen stout gzg" Hutchinson. A. Musto Sweeney Hutchinson, W. Myers Taddonio

Cimini Irvis Novak Taylor Cohen Itkin O'Brien Tayoun ;:Eel, ~ohnsan, J . U'Donnrll Toil

Katz Oliver Trfllo Crawford Kelly, A. P. O'lcrefe Turner

Kernick Pancoast U~tynoski EzEs D,M. Klingaman Parker,H,S, DeMedio Kneppcr Perri Wansacz

Koltcr Perry Wargo Kowalyshyn P~etraiea Weidner

Qombromld Kusse Polite Westerberg Doyle LaMarca Pratt whe lm Dre~belbls Laudadio Prendergast Wilt. R. W.

~ a u g h l i ~ Pyles worrilow Englehsrt Lederer Rappaport Wright Fee Letterman Reed Yahncr Fischer Levi Renwick Yohn ~ i ~ h ~ ~ t ~ L ~ ~ C O ~ Hilodes zord Foster, A. Manderino Rieger Zwikl Foster, W. McCall Ritter vryer McCue ~ o m m e u i Finernun, Ga"agher McGinnis ROSS Sgeakcr Garzia

N A Y S 4 3

zEdt Hamilton. J. H. Manmiller Spencer Haskell Naye Stahl

Cumberland Hayes. S. E. O'Connell Vroon

EFzzrter Hepford Pitts Wagner Hill Renninger Whittlescy

mrr Hopkins R y m wilson ish her Kelly. J. B. Salvatore Wilt, W. W. Gallen Kistler Seltzer Wojdak ceesey Lehr Sirianni zenrfoss

~ ~ ~ r , , , , Lynch Smith. E. Zeller McClalch7 Smith, L.

NOT VOTING-13

B,u,- Hammock Pievsky mamas Bersan MeGraw Richardson valicentl Dininnl Moehlmann Sullivan Walsh, T. P. ~ ~ ~ ~ ~ t t

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

The SPEAKER The Chair would like to make the observation however, that this is a course of action that should not he frequently resorted to by the House and only in the event that the fiscal information is available to the members of the House. The motion was properly

P 806 LEGISLATIVE J O U R N A L H O U S E July 1,

Bellomini H ~ m m o e k Richardson VaUeenti Berson McGrnw Sullivan Walsh. T. P D~ninni Picvaky Thomas

tie'th dav of the following monih So the qusiion was determined in the affirmative and ~ e n a l ~ y . - - ~ n y magis:rite or other officer, who shall

the amendments were agreed to. fail to make such monthly reports and returns, or either of them. shall be guilty of a misdemeanor in office, and

On the question recurring, upon cdnviction thereof in a court of quarter sessions shall be sentenced to pay a fine of five hundred dollars

Will thc House agree to the bill as amended on third ($500,00) and costs of prosecution, or undergo imprison- consideration? ment for not more than sixty (60) days, or suffer both

Mr. SHELHAMER rcauested and ohlained unanimous such fine and imprisonment. consent to offer the following amendments, which were , Amend S ~ C . 5, Page 7, line 5, by striking out "5" and read: ~nserting: 7

Anlend Titlc, page 1, line 8, by inserting a semicolon after "part"

Amend Title, page 1, line 9, by striking out "and" Amend Tit!c, page 1, line 9, by removing the period

after "penslties" and inserting:



1975. LEGISLATIVE JOURNAL--HOUSE 1807

Mr. SHELHAMER. Thank you, Mr. Speaker. monwealth. I do not wish to entertain an amendment Mr. Speaker, this amendment is No. "2" that I am today in this House that would conflict with the recom-

offering now; just No. "2" will be listed on it. mendations of the State Police who are making this . .

The SPEAKER. The Chair recognizes the gflltleman from Mifflin, Mr. DeVerter.

Mr. DeVERTER. Mr. Speaker, 1 do not know if any Of Othcr members it, but I do not have a of amendment No. "2." I have the other two amendments, 1-A and 3 - 4 but I do not have a copy of "2." I would like to see the amendment, sir.

The SPEAKER. Is lhere who has a copy Of

the amendments that can make it available to Mr. De- Verter?

The Chair thanks the gentleman.

The SPE.4KER. The Chair recognizes the gentleman from Allegheny, Mr. Bonetto.

Mr. BONETTO. Mr. Speaker, I oppose this amendment for two reasons. Number one, we are now in the process n i recodifying the Motor Vehicle Code. Penalties in the Vehicle Code will be changed.

Number twa, there definitely is need for a fiscal note becnuse there is an additional revenue for the Common- wealth and a loss of revenue to the local municipalities. In view of that, I would oppose this amendment.

The SPEAKER. The gentleman is raising several points. On the matter of a fiscal note, the Chair would he cbliged not to accept the amendment at this time and give the gentleman, Mr. Shelhamer, an opportunity to obtain s fiscal note.

The gentleman is not opposing the amendment, haw- ever, on the basis of a fiscal note which is a separate ouestion. If the eentleman wants to address himself to

- recommendation in good faith to the Department of ~ ~ ~ ~ ~ ~ ~ ~ t ~ t i ~ ~ and also to the committee on ~ ~ ~ ~ ~ ~ ~ ~ t ~ - tion of this House until such time that the entire committee is of studying the fines which will be imposed eventually to all speeding and other violations of the ~ ~ , ~ ~ ~ ~ ~ ~ ~ l ~ ~ ,

In view of that fact, I think that in the first amendment, permitting scales upon the interstate system, I do not think we should go ahead and just change the penalties at the present time, but wait until after the code has been completed, which will be very shortly, and at that time, if Mr. Shelhamer is dissatisfied

chair recognizes the gentleman from ~ ~ l ~ ~ b ; ~ , Mr. Shclhamer.

Mr. SIIELFIAMER. Thank you, Mr. Speaker. This amendment speaks to the Vehicle Code and would

seek to change the fine for speeding as well as the designation for the fines.

Under the present law in Pennsylvania which goes hack to about 1930, the fine for speeding in Pennsylvania h-s been a n x r c $10. In fact, just two weeks ago the transportation people were called to Washington and one ol' !hi. criticisms made of the Commonwealth's system was th:: fart ihat our speeding fines are far too low.

Wl,;,t this amendment would do would he increasing Prom to $20 for the first 15 miles per hour over Dosted speed limit. From 15 per hour up, it .,G.o,,ld he $5 a mile an hour. It would also then seek to dispose oC tilose fines on a 50-50 basis. Half the money will come to the Commonwealth and half the money will he reinstated to the municipalities that we toolr it away from last year in House bill No. 71. That would go to the municipalities in which the specding occurs. There will be no loss of funds to the Commonwealth. There will be a siight increase and, of course, an increase of funds to the n~unicipalities.

The SPEAKER. Will the gentleman from-Allegheny, Mr. Bonetto, consent to interrogation?

Mr. EONETTO. Yes, Mr. Speaker. The SPEAKER. The gentleman may proceed. Mr. LINCOLN. Mr. Speaker, in your efforts to re-

codify the Vehicle Code in Pennsylvania, are you making any provisions for treatment of violators of the code who do not pay their fines?

Mr. BONETTO. Yes, although we are a little far afield an this thing rlght now, there are recommendations on penalties for those violators who have out-of-state licenses. I think that is what you are referring to. There are also recommendations for various penalties and various violations. These recommendations have been made by the State Police to the Justice Department, and that section of the Code has not been forwarded to the Transportation Committee but will be by the end of this month.

with what we have done as far as the committee is concerned, he can then submit his amendment.


Mr. WESTERBERG. Mr. Speaker, I am afraid I will be echoing what the gentleman from Allegheny County has said. I realize that the finest are out of date, but I also believe that in accepting that other amendment which had to do solely with commercial vehicles, we were doing the right thing with this bill.

This does not deal solely with commercial vehicles, hut with all types of vehicles driven-your passenger car, motorcycles, everything. I believe that the fine should

complete l~ revised, but I do not think that revising them on a piecemeal basis such as this is a good idea. I think that they should he done on the recodification of the Motor Vehicle Code and all of the fines then updated and brought into a semblance of comparing with each other' Therefore, I Oppose this amendment.

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

Mr. LINCOLN. Mr. Speaker, would the gentleman, Mr. Bonetto, submit to a brief interrogation, please?

the merits of the amendment, he may proceed to do so withcut raising the question of a fiscal note, however.

Mr. BONETTO. Mr. Speaker, citing the first reason far opposing this particular amendment, it has been recommended by the State Police of this Commonwealth to chang? the penalties and to recommend to the com- mittec in the Dcpartmcnt oC Justice to change the penal- lies fur all rpeeding and other violations in the Com-

Mr. LINCOLN. Mr. Speaker, you are aware of the fact that today there is a great deal of difficulty in incarcerating people who violate summary offenses and who do not pay fines. If they are picked up on a war- rant, you must give them 7 days to come up with the money. At that time, there have been dinerent district magistrates throughout the State of Pennsylvania who have been called before the court to answer as to why

1808 LEGISLATIVE J O U R N A L H O U S E July I ,

Mr. BONETTO. Mr. Speaker, my answer to that question is: Yes. And the question recurring,

As I said before, the State Police have recommended Will the House agree to the amendments?

they are incarcerating people without giving them the benefit of a hearing with an attorney present. My concern over raising these fines at this time is the difficulty in collecting them without a very good provision for suspension of license or operating privileges, if you cannot make them pay the monetary part of the fine.

Now the thing that I would like to know is, if that provision is going to be incorporated along with amendments such as Mr. Shelhamcr's?

ing to act before September-this is what the chairman has said-and then I would poiut out to you that we have probably some 70 or 80 practicing attorneys in this House who have probably spent more time practicing on the legal code than on any other code on our statute books, who will want to make changes in that one. I say to you the time is now to make your change, because we may not even maice changes or adopt that new code even next year. I ask for an affirmative vote.

various types of methods in which fines would be collected and tickets would be imposed. And until that time, I think it is most unfair ta have this General Assembly to decide by a piecemeal method of imposing penalties on our state highways.

I would suggest that we wait until the code has been completed by the Justice Department, which, as I said before, will be at the end of this month, and, at that particular time, it is our hope in the Transportation Committee to introduce a complete vehicle code bill, thc recodification of the complete Vehicle Code sometime in September.

At that particular time, if what you see in that code is not likeable to you, then I think you have the right of amendment. But until that time, I would like to hold it off.

Mr. LINCOLN. Thank you, Mr. Speaker. Mr. Speaker, I agree totally with Mr. Bonetto. I be-

lieve we should not attack this problem, which is a very serious problem, in this manner. For this reason, I would urge the House to defeat this amendment.


Mr. SHELHAMER. Mr. Speaker, the prior discussion took place on another amendment which is yet to came. I believe the gentleman is speaking to the amendment where out-of-state people do not pay their fines.

Speaking on this amendment specifically, the amendment where we raise the fee $20 and dispose of the fee to half the local municipalities, let me first say this to the members of this House. I think this is important. The chairman of the Transportation Committee has said to this House that we should wait, and wait we have. I can well understand the chairman's problem, because we have been considering a new Vehicle Code far some time.

The yeas and nays were required by Messrs. SIIEL- HAMER and BONETTO and were as follows:

YEAS-84

Abraham George McIntyre Shelhamer Bennett Gleason McLane Shuman ~ ~ ~ ~ d t Green Manrnilier Smith. L. Bums Grieco Miianovich Stapleton Cimini Gring Miller. M. E. Taylor ,-,hen Halverson Miller. M. E., Jr. ~ u r n e r Cole Hasay h orris U F ~ P I I O S ~ ~ Cowell Haskell Musto Warner DeMrter ~ a y e s . D. S. Myers Wnnsacz Dlearlo H ~ Y C S , S. E. ~ a r ~ e r , 11. S. wridner Dietz Ilopkins Pitts Whitt lc~ey Dornbrowsld Hutchinson, A. Pratt Wilson ~ o r r Kelly. J. B. Reed Wilt. R . W.

Kernick ~~~~~~& Knepper Renninger Wilt. W. W. Renwick Worrilow

~ i ~ ~ h ~ r Kusse Rieger wright Flaherty LaMarca Rornanelli Yahner Foster, A. Letterman Saloorn Yohn m y e r Levi Sch~nitt Zearfoss

McClatchy Schwcder Zeller Garda MeCue Shvnc Zwikl

NAYS-105

Anderson, J. H. Giamlnarco MeGinnis Ryan Arthurs Gillespie Mebus Salvatore

Gillette Menhorn Schmrre~ Gleesan Milliron Scirica

Berlin Goodman Mi~cevieh Seltzer Bittle Greenfield Moehlmann Shelton

Hamilton, J. H. Illrkoidc Shupnik Bonetto Hepford Muilen. M. P. Siriarn~i ~~~~~p Hill Mullen Smith, E.

Ilutchinson. W. Novak Spencer ~ u t e r a Irvis ~ o y e stah1 Caputo Itkin O'Brien Stout c,,., Johnson, J. O'Connell Swecney

Katz O'Donnell Crawford Kelly,A,P, O,Keefe Taddonio Tayoun

Kistler Pancoast Toll Davis.D.M. Kiingaman Perri Trello

gEzzdfo Koiter Kowalyshyn Perry Petrsrcs Vann Vroon Englehart Laudadio polite Wargo g z y t t Laughlin Prendergast Westcrbrrg

Lederer Pylcs Wojdalc ish her Lehr Oliver zord

The problem is that we do not know how much longer we are going to be waiting. We are told that we should wait until September until after the Justice Department moves, that we should take their recommendations. But I say to you, who are elected by your people, it will ultimately, whether it is in September or whether it is the first of July, descend upon your shoulders ta decide whether you believe this amendment has merit or whether it does not.

~~~~h~ Lincoln Rappaport Lynch Hitter Fineman.

c~~~~~ Manderino Ross Speaker Geisier MeCall Ruggiero

NOT VOTING-14

Be,lomini Harnmocl: Richilrdson Valicenti ~ e r s o n McGraw sullivan Walsh, T. P . D'Donato Pievrky Thomas Whelan Dininni Rhodes

So the question was determined in the nerativc and

1 say to you, we face a long summer. We face a summer when the roads will be full of vacation people from both within and without. I am interested in traffic safety. I am saying to you that if you want or if yo11 hope to get any immediate help in this area, if you believe the present system is not an equitable one, is not a good one and does not contribute to traffic safety, if you believe the Transportation Committee is not, go-

the amendments were agreed to.

WEIXOME The SPEAKER. The Chair would like to wclcome

Sandra Dletz, the daughter of one of our House members, Mr. Clarence Dietz.

Miss Dietz is accompanied by a friend with a very intriguing last name, Nancy Hardwork.

18 10 LEGISLATIVE JOURNAkHOUSE July 1,

. Mr. DAVIES. Thank you, Mr. Speaker. ~ r l ARTHURS. Mr. speaker, you were talking about I would he in agreement with Mr. Shelhamer's prin- the amount of citations that were coming back. Had

ciple and the idea involved in it, but I would suggest you checked with the Slate Police or anything to see

Motor Vehicle Code. I would ask a "no" vote on this amendment.

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

Mr. RITTER. Mr. Speaker, I also oppose the amendment. One of the reasons, of course, is that this deals only with speeding violations. I t does not take into account reckless driving, following too closely, failure to yield. There are a whole host of traffic violations which are of equal importance that would not be covered by this amendment. I think that is the danger in doing this in a piecemeal approach.

I agree with the gentleman, Mr. Bonetto and Mr. Westerberg, that the Committee on Transportation in the recodification of the Motor Vehicle Code will be dealing with all traffic violations. I think that this amendment should be defeated and give the Committee on Transportation an opportunity to work on the whole code.

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

Mr. DAVIES. Mr. Speaker, would Mr. Shelhamer consent to interrogation?

The SPEAKER. Would the gentleman, Mr. Shelhamer, consent to interrogation?

Mr. SHELHAMER. I shall. The SPEAKER. The gentleman may proceed. Mr. DAVIES. Mr. Speaker, how many reciprocal

agreements do we have with other states relative to points and suspensions currently?

Mr. SHELHAMER. To my knowledge, Mr. Speaker, none.

Mr. DAVIES. Could the chairman of the Transports- tion Committee clarify that? Do we have any reciprocal agreements at present with other states?

Mr. BONETTO. Yes, we do, with Ohio, New York, New Jersey and Maryland. In our neighboring states we have reciprocal agreements in which a violation is immediately sent to the Bureau of Motor Vehicles and the individual is immediately attached points for the violations within those states.

DAVIES. In your opinion, this in any way harm that agreement if we were to adopt something like this that would not be in keeping with their code in the passing back and forth without investigation first?

Mr. BONETTO. Let me answer that question in this way: The Federal Government has asked all states, all 50 stales, to recodify the Motor Vehicle Code. The final meeting for the uniform vehicle code will be held in

D'C'' this month' On the 23rd and 24th Of

July. It is anticipated that at that particular meeting the final decision will he made in order to get a uniform vehicle code throughout the United States. What we are trying to do here in Pennsylvania is to comply with their recommendations and still have one of the strongest vehicle codes in the country. For that reason, I think you will find that recommendations will be made for a reciprocal agreement among all states on all violations that occur by individuals who are not drivers or have licensed automobiles or trucks within that state.

that we then best wait until it could be put into such a code.

The SPEAKER. The Chair recognizes the gentleman from Allegheny, Mr. Sweeney.

Mr. SWEENEY. Will Mr. Shelhamer consent to interrogation?

The SPEAKER. Will the gentleman, Mr. Shelhamer, consent to interrogation?

Mr. SHELHAMER. I shall, Mr. Speaker. The SPEAKER. The gentleman may proceed. Mr. SWEENEY. Mr. Speaker, as to your amendments

as it is written, is it your opinion that it would create a separate standard for out-of-state motorists than it would for Pennsylvania residents?

Mr. SHELHAMER. No, Mr. Speaker, it does not. The only difference in this amendment as it applies to nonresidents is this: That presently under Pennsylvania law the Pennsylvania Department of Transportation issues, or the State Department issues, those drivers' licenses and since you do not have to post bond in Penn- sylvania, by virtue of having your license taken, they can require you to show up for a hearing. But there is no such requirement that we can extend heyond the limitations of our Commonwealth, and that is the reason why this amendment speaks specifically to nonresidents.

Mr. SWEENEY. And as it speaks to nonresidents, how is it your intent that this amendment would eliminate the problem in having nonresident drivers answer to the citation?

Mr. SHELHAMER. By requiring nonresidents to post bond equal to the costs and fine. In that respect, if that money were posted and if the person does not show up for the hearing at the magistrate's office, then he has to forfeit that fine and cost.

Mr. SWEENEY. Mr. Speaker, my concern is that, as I vaguely recall law school's constitutional law course, if this would in fact set up a separate standard for nonresident motorists, it would clearly be in violation of the interstate commerce clause?

Mr. SHELHAMER. No, Mr. Speaker, it would not. Because you see we have the wherewith ~ resen t ly to require Pennsylvania residents to comply with a magistrate's summons. We do not have the wherewith, because we do not license the out-of-state drivers, to require those people to show UP. The posting of the bond will simply be that wherewith.

Mr. SWEENEY. My question is, should we not make the requirement uniform for both nonresidents and residents?

Mr. SHELHAMER, It already is uniform, because if they receive a summons from a magistrate and they refuse to show up, they lose their license in Pennsylvania . I£ they are Pennsylvania drivers. That is all I am trying to do with this amendment; I am trying to make them show up for the hearing, That is all,

Mr. SWEENEY. Thank you, Speaker,

~ h , SPEAKER. ~h~ chair the gentleman from ~ ~ ~ l ~ ~ , M,., ~ ~ t h ~ ~ ~ ,

M,, ARTHURS. yes, M ~ , speaker, I wonder if westerberg consent to interrogation?

Mr. WESTERBERG. Yes. I will. Mr. Sneaker.


what kind of response their records are showing on the same matter?

Mr. WESTERBERG. Yes, I have, Mr. Speaker, and they practically duplicated the same records that I received from the district justices.

Mr. ARTHURS. Are you talking about automobiles now or are you talking about trucks, or are you talking about all types of citations?

Mr. I am about types Of

ment with Maryland involving points. We do have a reciprocal agreement with Maryland involving fines.

Mr. A. C. FOSTER. Could you explain the matter of the agreement with fines?

Mr. BONETTO. Well, for example, if a Pennsylvanian goes to Maryland and gets fined, he pays the fine in Maryland, But if they notify the Commonwealth of Pennsylvania, we attach points to his record. In Mary- land I do not think they do that.

Mr. A. C. FOSTER. Yes. this is correct. Mr. Sneaker. citations.

Mr. ARTHURS. All right. There is only one reason that I question this whole thing, and I am talking about those who might carry CB radios in their trucks and in their cars. There is very seldom a trip-if there are any of you who have CS radios in your automobile, and I do because I was interested in what the resnonse

we handle it now or-whether we handle it in the recodification, I am not satisfied myself that we are getting the response from these out-of-state operators such as we should. As far as the reciprocals, I am one who was unfortunate enough 5 years ago to be picked up in Ohio and had no chance, no choice in the matter whatsoever, but to pay my fine and costs before I moved on, and whether we do it now or whether we do it in the recodification-personally I am in favor of the recodi- fieation way-what I am saying is that I do not believe the picture is as pretty as you are receiving it from the people in the field, because I just do not think they are being handled. You will find Ohio drivers who are being stopped all the time in Pennsylvania and, if you talk to these people, and I have had an opportunity, they do not care; they go about their business. I have had district justices tell me themselves about out-of-state drivers, why even talk about it, they just have to leave and we do not do anything about it anyway. I do not think that the picture is quite this rosy.

Mr. WESTERBERG. Mr. Speaker, I hate to have my integrity and my word questioned here on the floor of the House, because I did make the survey and I did talk to the State Police on this. I would suggest to the gentleman, rather than listening to just talk, he should have the same survey made that I made and I think that he will be very surprised. I was.

I wanted to clarify that point. Mr. Speaker, am I in order to make a statement?

The SPEAKER. The Chair recognizes the gentleman, Mr. Foster.

Mr. A. C. FOSTER. Mr. Speaker, I support the amendment offered by the gentleman, Mr. Shelhamer,

~ ~ ~ - - ~ ~~ ~

of the truckers were since I am part of the Transports- tion Committee-as you go across Route 80 that the out-of-state truckers are not saying that they do not care about that $15 fine anyway. They can just pay and go on about their way and not even worry about it. I think it is something that is very serious. Whether

The SPEAKER. The Chair recognizes the gentleman from York, Mr. Foster.

Mr. A. C. FOSTER. Mr. Speaker, would Mr. Bonetto consent to interrogation?

The SPEAKER. Will the gentleman, Mr. Bonetto, consent to interrogation?

Mr. BONETTO. I shall. The SPEAKER. The gentleman may proceed. Mr. A. C. FOSTER. Mr. Speaker, is it not a fact that

we do not have a reciprocal agreement with the State of Maryland which would allow a Maryland motorist to be assigned points for a violation that occurs in the State of Pennsylvania?

Mr. BONETTO. We do not have a reciprocal agree-

because I think that it is time we corrected some of the inequities with respect to the very low fines that are imposed by this Commonwealth on speeders and the fact that speeders from out of state do tend to speed through Pennsylvania with relative impunity. I would urge an affirmative vote on this amendment.

The SPEAKER. The Chair recognizes the gentleman from Allegheny, Mr. Miscevich.

Mr. MISCEVICH. Mr. Speaker, the general concept of Mr. Shelhamer's amendment is good, although the majority of the people who are fined are truckers from out of state. When a state policeman stops them, he will say, what state do you want my license from? He is willing to give up almost any license, from Ohio, Maryland, Michigan, Florida. He will say, take your pick. He will pay the $15 and say, take any license you want. So I urge that we wait until the recodification comes along.


Mr. SHELHAMER. Mr. Speaker, just one or two points that I think are important.

I do not very often point to the chairman of the Trans- portation Committee as not knowing what he is talking about where transportation is involved. But, Joe, I just have to call you on this one of saying that we have s reciprocal agreement with other states. I have talked to the department and it is my understanding that we do not have, and I would suggest that you confer with a couple of attorneys who have dealt with out-of-state tickets. They will tell you the same thing. We do not have-we did have, hut presently we do not have- a reciprocal agreement. So there is no way to collect.

Number two, I do not know what area Mr. Westerberg wrote to or whether he wrote to my magistrates or not, but if he did, h e would have gotten a completely different story from what he relates to this House.

But what is important is this. That of those that are returned-and I would suggest that he check with the State Police-they will tell him that they have a substantial file over there on violators who have received citations who have refused to keep it. They will also tell him that they keep those files only for GO days, because there is no way that this Commonwealth can collect on those fines.

Now it is interesting to know that both of these gentlemen who serve on the Transportation Committee


Laughlin Renwick Lederer Rhodes

and who represent transportation in their individual caucuses say that this is a good amendment, but not now; let us do it sometime later. Well let us do it now, prior to when the summertime comes. We do not know again when we are going to have the availability of voting on this within the Vehicle Code.

I would suggest that if you are interested in traffic safety, if you are interested in seeing Pennsylvania drivers used as well as out-of-state drivers, that you vote in the affirmative on this amendment.

~ ~~~~ ~~

~ i n e o m Rieger Lynch Ritter Manderino Romanelli MeCue ROBS

Doyle Engiehart F,, Fisher Foster. W. Gallagher Garzia Geesey

Berson DiDonato Dininni

NOT VOTING-12

Hammock Richardson McGraw Scltzcr Pievsky Sullivan

Whittleeey Wilt. w. w. Wojdak worriiow

Nneman, Speaker

Thomas Valicenti Walsh. T. P.

ment to you. Since the beginning of January, many of you have

submitted bills and letters to me indicating the amendments to the Motor Vehicle Code. In view of the fact that we were informed that the Vehicle Code had to he recodified, all of the hills that were sent to my committee are in my files-some 160 hills. Everyone af them has merit. Everyone will be discussed. That is the reason

The SPEAKER. The Chair recognizes the gentleman from Allegheny, Mr. Bonetto.

Mr. BONETTO. Mr. Speaker, for the benefit of the members of this House. I would like to make this state-

why I am saying to you today that if Mr. Shelhamer wants his idea in the Vehicle Code, give me that amendment and we will discuss it, hut I do not think the code should he recodified on a piecemeal basis. That is the reason why I am opposing this amendment.

So the question was delermined in thr negative and the amendments were not agreed to.

WELCOME

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

The yeas and nays were required by Messrs. SHEL- HAMER and BONETTO and were as follows:

Abraham Gleason McCaU Shelhamer Anderson. 3. H. Goodman McClatchy Shuman Bennett Gdeco MeLane Shuonik Brandt Green Mebus s iri inni Burns Gring Milanovich Smith, L. C ~ F F ~ T . Halverson Miller M E Stahl . ...-. Cirnini Cole Cowell Crawford Davies DeMedio Deverter Dietz

Hamilton. J. H. Hasay Haskell Hayes, S . E. Hill Hopkins Hutchinson, A. Hutchinson. W.

---- ~ - - . ~ ~

Miller. M. E., Jr. Moehlmann Morris Mullen. M. P . Must0 Novak O'Donnell Parker. H. S .

Stapleton Taylor Ustynoski Wagner Wansacz Wargo Weidner Whelan

Dorr Katr Perri Wilson Dreibelbis Kernick Petrarea Wilt. R. W. Eckensberger Kistler Pitts Wright Fawcett Klingaman Prendergast Yahner Fischer Knepper Pyles Yohn Flahcrty LaMarea Reed Zearfoss Foster. A. Lehr Saloom Zeller Fryer Letterman Schmitt Zord Gallen Lev1 Schweder ZwiW George Manmiller Shane

Arthurs Geisler Menhorn Ryan Barber Giamrnareo Milliron Salvatore Bellomini Gillespie Miscevieh Scheaffel Beren Gillette Mrkanic Sciriea Berlin Gleeson Mullen Shelton Bittle Greenfield Myers Smith. E. Blackwell Hayes. D. 5. Noye Spencer Bonetto Hepford O'Brien Stout Bradley Irvis O'ConneU Sweeney Brunner Itkin O'Keefe Taddonio Butera Johnson. 3. Oliver Tayoun Caputo Kelly. A. P. Pancoast Toll Cohen Kelly, J. B . Perry Trella Cumberland Kolter Polite Turner Davis. D. M. Kawalyshyn Pratt Vann Dlcarlo Kusse Vroon Dombrowsld Laudadlo Renninger Rappaport Westerberg

The SPEAKER. The Chair is pleased to introduce Mrs. 3dna George, who is the wife of one of our members, Xr. George.

FORMER MEMBER WELCOMED The SPEAKER. There is also present a former mem-

2er of this House. Mr. Paul Suchko.

On the question recurring, Will the House agree to the bill as amendcd on third

consideration? Mr. ZEARFOSS requested and obtained unanimous con-

sent to offer the following amendments, which were read:

Amend Title, page 1, line 9, by striking out "and" Amend Title, page 1, line 9, by removing the period

after "penalties" 7nd inserting: and further providing for the timing of rate of speed

by radar and for the disposition of certain fines and

tion 1002. Restrictions as to Speed.- * (d.1) (1) The rate of speed of any vehicle may he

timed on any [State] highway, including the Pennsyl- vania Turnpike System, by officers of the Pennsylvania Stale Police and the rate of speed of any vehicle may be timed on any highway, excluding the Pennsylvania Turn- pike System, limited access highways and frce access divided highways, except where such facilities are patrol- led by local police agencies under the terms of an agreement with the Pennsylvania State Police, by members of a police force which hos at least ten full-time mrmhers through the use of radiomicroweves, commonly referred to as electronic speed meters or radar: Provided, That no such radar apparatus shall be used by such an officer to determine the rate of speed of motor vehicles until such time as the officer has successfully completed a training course in the use of such radar apparatus as prescribed by the Commissioner of the Pennsylvania State Police and has been certified as a qualified operator of said radar apparatus by the commissioner.

No conviction shall be had upon evidence obtained through the use of radar apparatus unless-

(i) it is of a type approved by the secretary, and (ii) it has been calibrated and tested for accuracy and

found accurate or adjusted for accuracy within a period of 'thirty days prior to the alleged violation, and

(iii) official warning signs have been erected on the highway by the proper authority indicating that radar is in operation, and

(iv) the speed recorded is six or more miles per hour in 8 excess of the legal speed limit, and


(v) such radar apparatus either new or replacement put into use by any police department after the effective da!e of this s~~hsect ion shall he of the type that provides a print-out. hor-scver, radar zppamtus currently in use nccd lint mt'ct this requirement.

* * * Penalty--Any person violating any of the provisions

or +his section shall, npon summary conviction before a m.~c.i!:tra!c, he sentenced to pay a fine of ten dollars ($10 00) and costs of prosecution, and, in default of the pnrmcnt thereof. shall undergo imprisonment for not more than fivu (5) days.

Swtion 6. Suh-ection (a) of section 301 of the act, amended Drccmhrr 30, 1974 (No. 332), is amended to rrad:

Section 1301. Disposition of Fines and Forfeitures- ( a ) fines and collected under the

$ion< or this act for violo1,ions of the same, and all hail fovfritnd lln-lrr said provisions, shall he paid to the de- pcrtmcn:, 2nd trmrmitted to the State Treasury. and crt'd;:?,I to i.he "Gcne-a1 Fond," except those collpcted for violations of the provisions of sections 903, 905. 1002, ,011, ,015, 10,6, ,019, 1021, 1028, 1030, 1042 and 1043 of this ?r t , committed within cities, boroughs, incorporated to,%-n- and townsh.i"s. othpr than those comm;tted on in- tcryiato llighmays and the Penn5,vlvania Turnpike and ~u'en-,ions, which fines and penalties and all bail for- f e i t ~ d sh.11 hp p?.id to the treasurer of the city, borough, inrnrporaled loxjn or township, wherein ,.he violation o-rnrrccl, and except thoic collected for violations of the prnvic;nni as to n:eieht, which fines, penalties and for- feitrd hail sh-11 be pcid l o the treasurer of the city, bor- n~!?h. incor;>orott.d town or township wherein the violation i:rcurred, srlch fine% and collected for violations ni. section I002 committed anywhere on interstate hiq!~ways and thc Pennsylvania Turnpike and ex- tcn,;i:ns shall he pxicl lo the department and tranrmitted to +!:e Sin!? l're:u~:ry rnd creditcd to the Motor License Funcl. All mcincys "aid to any such city, borough. in- cwpori.ti.i! tcvvn or township, under the provisions of this section shall he 11scd fur :he constrllction, repair 2nd maintenance of th r highways thereof: Provided. That all fines and pi~n2lties collected, and all bail forfeited for riijl?.tions of the provisions oE section 1~037 shall he pnld in thc trpzsi~rer of thc county wherein the violation occurred, t ~ , hc used hy snvh counts for the payment of physi- cinns' f e i ~ lor the examination of persons accused of violating thp provisions of the said section. Any balance rcmai,linri i n ,,he iresslrry of the county at the expiration o f the calendar year and not payable for physicians' serv- ires renr'ercd, shall be used for county highway and bridge pllrpo.es. Notwithstanding any other provision^ of ';-is ?ub:ectinn. relating to payments to cities, boroughs. tn\.vns, :omnihit>s and e n ~ n t i e all fines and penalties c~llrc,ri l ::nd all b+ls 1002(d.l) (1) "! this ? c ~ , for violations occi~rrin,: on State highways. shn!! he pair1 to the denartment and transmitted to the State Trensi;ry and crediied to the "Motor License Fund." All fines and n~nal t ies collrded and all bails forfeited under sertion 1002(d.l) ( I ) of this act for violations occur- ring on hi.:hwayc under the jurisdiction of the city, horough, ineorni:rated town of township shall be paid to the treasurer of the city, borough, incorporated town or town- shin wherein the violation occurred.

* * * Amrnd Set. 5, page 7, line 5, by striking out "5." and

inserting: 7.

On the question, Will th? 1lcn.e agree to the amendments?

The SPEAICER. The Chair recognizes the gentleman frcm Delaware, Mr. Zearfoss.

Mr. ZEARFOSS. Mr. Speaker, this amendment would permit local police to use radar in timing speeding violations. It is limited to use by a police force with 10 full- time !,olicc ofiicers and only after those police officers hive r:om~leted a training course.

HOUSE SCHEDULE The SPEAKER. For the information of the members,

after we complete consideration on the amendmcnts being offered to this bill-and the Chair understands there will he one more amendment after this one-we will recess

an hour and a half and then return to the floor,

~h~ chair recognizes the gentleman, Zearfoss, Mr. ZEARFOSS. Mr. Speaker, thank you. As I said, this is an amendment that ;yould permit the

use of radar by local police i f they are members of a police department with 10 full-time police officers in that department and after they have completed a course ad- ministered hy the Commissioner of State Police on the use Of the radar.

It could be used only on highways that are under the j~:risriiction of the local municipality or state highways, including highways and the if t h e is an agreement whereby the local municipal police are enforcing the speed restrictions on that portion of rtate highway.

The hill also provides that with respect to new radar equipment or replacement equipment that is purchased that " must be the that provides a rlrint-out Of the timed speed. This is requested by the State police.

other aspect of the amendment, section 6, would provide that speeding fines collected for violations on atate highways would go to the Commonwealth and speed- In: fines collected on local highways or highways under the jurisdiction of the municipalities would go to the municipalities.

This is a change from the present law. All speeding fines now go to the municipality.

~h~~~ are areas of t'le commonweaith, M ~ . speaker, where Police do not patrol, The suhurhan areas " r n ~ n d Philadelphia -and I assume the same situation ohtains in the Allegheny County-Pittsburgh area and perhaps other urban arcas of the state-the State Police have no patrols in those areas, ~h~ speeding violations are "111~ ~heckpd local police. There are methods in the Vehicle Code today to permit the checlcinfi local police oiher than radar that are not efficient, take more men thin mdar would take, and I havc had numerous requests from pe,s,ns in my district and I am sure others have had similar requests from pprsons in their districts ask- In6 this General Assembly to give local police the authority to us? radar, so that they can keep their costs of this ~ > o l i ~ i ~ ; r diiurn and do a better joh and a more accurate job in checking speeding violations,

Where the local police are the only police operating in m are;,, it secms very necessary to me that at this time ,ve them to use the most and efficient method of checking speed. It is also, in my view, to the benefit of the motoring public so that they are not charged falsely with speeding offenses, u.hich is a very common occurrence when a check is done either by a motor vehicle following the car for a quarter of a mile or with the eighth-of-a-mile speed check with an officer at each end of the area.

This amendment, if it is enacted and this hill is enacted wit11 this amendment in, would permit a safer checking of speed in the built-up areas where now the basic method of checking of speed is to follow in n motor vehicle the speeders.

There was just an article in the Sunday Inquirer, I


. .


Mr. WESTERBERG. Mr. Speaker, I am interested in safety on highways. Last session we brought a bill out that was almost the same as this amendment. But I want to say that a bill of this type is going to take a lot of discussion and I still think that a bill of this type should be treated as a bill and not put through as an amendment.

For instance, in the Transportation Committee last year, I belive we argued an hour and a half as to the number of full-time members who would be included in this bill. We had suggestions of from 2 to 20, I believe. I foreet exactlv what that bill called for. But this is

recall, where there was an accident-which is a common occurrence-where a police officer was following a speeding motorist in his vehicle and a serious accident occurred as a result of the chase.

This radar bill would eliminate that situation or at least tend to reduce the necessity of that kind of operation. I suggest that everyone who is concerned about safety on our highways vote in the affirmative on this amendment.

under your amendment-as I recall they have about four members of their police force. They will not be able to use the radar as a method of controlling the speed.

Mr. ZEARFOSS. I am not interrogating you but I would just ask in answcr to your question perhaps, would you let us know if the State Police patrol that highway?

Mr. W. W. WILT. They travel t h r o ~ ~ x h that community, hut they do not patrol it as Ear as checking speed.

Mr. Speaker, I would go along with your amendmcnt, your original thought with two members, but I cannot support this. There would not be one community in my legislative district, with the exception of one ward in the city of Altoona, where this equipment could be .... J

there are urbanized areas and the State Police do not go in, and that probably will include a department of 10 or more members.

Mr. W. W. WILT. Mr. Speaker, we have in our district one community where Route 22 and Route 220 are common; they are one and the same highway. The town is at least a mile long and, under your amendment though- of course, there is a lot of traffic on this highway and

Code. Thank you, Mr. Speaker.

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

Mr. W. W. WILT. Mr. Speaker, may I ask a question of Mr. Zearfoss please?

Mr. ZEARFOSS. Yes. The SPEAKER. The gentleman may proceed. Mr. W. W. WILT. Mr. Speaker, I wonder if you can

tell us how you arrived at the figure 10, the police force of 10 members?

Mr. ZEARFOSS. As Mr. Westerberg indicated, the various radar bills that have been introduced used different numbers. My first inclination, and I think the first bill that I introduced on the subject called for a full-time force of 2 members. This is a result of a com- vromise situation where there has been innut from var-

just one of the things that is very controversial in this bill.

I believe that this should be treated as a hill as it was last year. It was brought out of committee. The move was made then to recommit it to the Local Government Committee, and therein it died.

I think that gives a little idea of how the people in this House, at least, last session felt about this bill.

I have some questions on this. I am not sure according to this amendment whether the local roads would have to be posted, as the state roads are, saying "Radar Con- trolled." I am not sure about that. There are several things that I am not sure of. It should be treated as a separate bill.

I would urge the members of this House to vote against this amendment and take it up either as a separate bill or, I am sure, in the recodification of the Motor Vehicle

The SPEAKER. The Chair recognizes the gentleman from Allegheny, Mr. Miscevich.

Mr. MISCEVICH. I would like to ask Mr. Zearfoss a question, Mr. Speaker.

The SPEAKER. Will the gentlcmm, Mr. Zearfoss, consent to interrogation?

Mr. ZEARFOSS. Yes, Mr. Speaker. Mr. MISCEVICH. You have, i t says, authority in-

dicating that radar is in operation. Is that a special sign posted when the radar is to be used, or is it one of those signs that we see affixed to the highwavs that this road

Use".

The SPEAKER. The Chair recognizes the gentleman from Delaware, Mr. Garzia.

Mr. GARZIA. Mr. Speaker, I rise to oppose this amendment because of these words where it says, "ten full-time police." In my district, if my memory serves me right, there is only one political subdivision that has more than 10 full-time police. Last year you people gutted out the best part of the police department by eliminating part- time police by insisting they go to school. We have 1-95 that runs through my district, it is policed by state highway, hut I very seldom see State Police give a ticket for speeding on 1-95.

I would support this bill if it would be three full-time policemen under the Civil Service Act. I believe in the radar and I think we should have it, but the way this amendment is written, I oppose it.

- . ispatroled by radar?

Mr. ZEARFOSS. That is not amended. That nortion of the law is not amended. That refers to the signs that are now being posted, and I have not attempted to change that section of the law.

Mr. MISCEVICH. Thank vou. ious sources, including the State Police, and 10 seems to be a fieure that the state oreanization of'the chiefs of 1 The SPEAKER. The Chair recognizes the gentleman - - ~~~- ~~~~~-~ ~-

police have come up with as being a number that would provide them with sufficient coverage and also enough professionalism, it seems, to make the use of radar feasi- ble for a de~ar tment of that size. Thev seem to think that

from Allegheny, Mr. Bonetto. Mr. BONETTO. Mr. Speaker, again I want to mention

that we will be discussing thoroughly this provision of the Motor Vehicle Code in its recodification. But most ~ ~ ~~- ~~~~~.

a smaller department would either not need i t or because it would probably indicate that the area was a less built- up area and probaby the State Police are patrolling that

~~~. impcrtant, I think that what has to be taken into consideration here is the impact of costs to the local municipality.

kind of an area. The areas where you need this is where There is nothing in this amendment indicating a fiscal


note, and I think that should be taken into consideration. For that reason I oppose this bill until such time as that the recodification of the code is completed.

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

Mr. ZEARFOSS. On the issue of the fiscal note, as I rexd rule 19, a fiscal note is not required for this amend- rncnt since rule 19 in the first place, the section-

Tile SPEAKER. The gentleman, Mr. Bonetto, with- draws his comments ahout the matter of the fiscal note.

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

The yeas and nays were required by Messrs. ZEAR- FOSS and WESTERBZRG and were as follows:

Y E A S 4 3

Abraham Gillette Mebus Sci~iea An:ierson. J. 8. Gleason Millcr. M. E.. Jr. Shanc Bennett Hayes, S. E. O'Keefe Stapleton Rrandt Hill Pancoast Wanram Burns Hopkins Parker, H. S. Whelan Butera Kelly. J. B. Polite Whittlesey Crawford Knepper Pyles Worrilow Dcverter KUSSC Renninger Wright nietz Levi Ritter Yohn Foster. A. Lynch Salvatore Zeafoss Gallen McCiatchy Sehwcdcr

Arthurs nsrber nellominl Beren Berlin Bittle RiackweU Ronetto Rradleg Brunner cnputo Cessar C~rninl Cohen Cole Cowell Comberland 'lavie8 Davis. D.M. DeMerlio niclr ln 11iDon;to liombrowsld "err Doyle Dreibelbis Lrkr.nsberper t'n41ehart FnivCett Fee Fixher Fisher Fleherty Foster. W. Fryer Gallagher Garzia Gecsey

Geisler McGinnis George McIntyre Giammarco .IlcLane Gillespie Menhorn GleeSon Milanovieh Goodman Miller. M. E. Green Milliron Greenfield Miscevieh Grieeo nln;.hlmann Gring Morris FIalverson Mrkonic FTamilton. J. A. Blullen ?Issay Muilcn, M. P. Rnskell Musto IIayes. D. S. Myers Yepford Novak Hutchinson. A. Noye Ilutchinson, W. O'Rricn Irvis O'Conncll Itki" O'Donnell Johnson. J. Oliver Katz Perri Kclly, A. P. Perry Kernick Pctr;irca Kst le r Pitts Kiingaman Pratt Kolter Prendergast I<owaiyshyn Rappaport IdMarca Reed Laudadio Renwick Laurhlin Rhodes Lrderer Rieger Lehr Romanelli Letterman Ross Lincoln Ruggiero Manmiller Ryan nlccall Saloom RlcCue Scheaffer

Seltzer Shelhamer Shelton Shuman Shupnik Sjriannl Smith, E. Smith. L. SpenCCr Stahl Taddonio stout Sullivan Sweeney Taylor Tayoun Toll Trello Turner Ustmoski Vann Vroon Wagner Wargo Weidner Westerberg Wilson Wilt. R. W. Wilt. W. W. Woldak Yshner Zeller Zord zwikl

Fineman. Speaker

NOT VOTING-10

Berson Manderino Richardson Valfcmti Dininnl McGraw Thomas W&, T. P. Hammock Pievsky

So the question was determined in the negative and tile amendments were not agreed to.

On the question recurring, Will the House agree to the hill as amended on third

rmxideration?

Mr. PYLES requested and oblnined unznimous consent to offer the following amendments, which were read:

Amend Title, page 1, line 5, by inserting after "trac- tnrr " ',. "".", .

revising certain provisions relating to expiration of registrations.

Amend Sec. 1, page 1, line 12, by striking out "Section 704," and inserting:

Subsection (a) of section 415, Amend Sec. 1, page 1, lines 13 and 14, by striking out

"December 30. 1974 (No. 332)," and inserting: March 3. 1910 (P. L. 88, No. 39). Amqnd Bill, page 1, by inserting h e t w r ~ n lines 14 and 15: Section 415. Expiration of Registrat~on.- (a) All registrations, except registrations as otherwise

provided herein, shall be issued for n registration period of one year commencing [on siich month and day as the secretary shall designate of the year the registration is issued and expiring on such month and day as the sccrc- tary shall designate of the year following: Provided that any initial registration of a vehicle issued after the cffrc- tive date of this srnenlinc: sct may he iss,:ed for any period of time not to exceed two years.] February 1, 1077 according to the last digit of the manufacturer's serial nnmbcr as follows:

Last Digit Expiration Date January February 31 28 (or 29)

March 31 Anril 30 May 31 June 30 July 31 August 31 Scptcmher 30 October 31

* * * Sec. 1.1. Section 704 of the act amended December

30, 1974 (No. 3321, is amended to rcad:


The SPEAKER. The Chair recognizes the gentleman from Montgomery, Mr. Pyles.

Mr. PYLES. Mr. Speaker, my amendment addresses itself to section 415 of the Vehicle Code regarding the expiration of registration.

At the present time there are about 6 million vehicle registrations that expire on the 31st of March of each year. The workload that this imposes on the Bureau of Motor Vehicles is astounding. As a matter of fact, the Fourth Estate has criticized us in this House for the time we spend doing some case work for our consliluents, trying to unravel some of the difficulties they expcricnce in trying to get their registrations resolved.

My amendment proposes to have what I term "a rolling registration period.'' This registration expiration would culminate over a 10-month period, January through October. The determination as to when the vehicle license expires would be by the last digit of the manufacturer's serial number of the vehicle in question. For example, if the last digit ended in "1" the expiration date would be in January; "2" would be in February, and so forth, until "0" would be in October.

Basically my amendment does two things. It spreads the workload a*. the Motor Vehicle Bureau over a 10- month period instead of 2 months, as right now it stands; it is in February and March. Secondly, those owners of fleets, whether they he passenger cars, trucks, buses, or what have you, instead of having to have a large sum of money to pay for the registrations at one time, their cash

LEGISLATIVE JOURNAL-HOUSE J u l y 1,

flow would be smoothed out over the 10-month period so that their vehicles would be registered only on that month which is based on the last digit of the manufacturer's serial number.

It seems to me that the difficulties that the Bureau has experienced in this one single expiration date lead us to a modernization of this program, My amendment proposes lhat this system would go into effect in the year of 1977 when the new license plates are due to he issued. In my judgment this is reasonable to expect that at that time we improve our system, we level out the workload, we make snre that the cash flow of those who own more than one vehicle is spread out over a longer period of time.

I recommend to my colleagues that we take the initia- tive and require the Department of Transportation to initiate this type of system.

.~ ----. Mr. PYLES. No; that is not so, in my judgment.

The SPEAKER. The Chair recognizes the gentleman ~t the oreseot time. we do have an annual fee. At the

no-fault insurance, where you are going to have to prove you have insurance. By having that in there, I am not sure what is going to happen. By adopting this, I think it would create a more chaotic condition and, for that reason, I ask for a vote against this amendment.

The SPEAKER. The Chair recognizes the gentleman from Allegheny, Mr. Cowell.

Mr. COWELL. Thank you, Mr. Speaker. Would the author of this amendment, Mr. Pyles, con-

sent to a question, please? The SPEAKER. Will the gentleman from Montgomery,

Mr. Pyles, consent to interrogation? Mr. PYLES. Yes, I will, Mr. Speaker. The SPEAKER. The gentleman may proceed. Mr. COWELL. Mr. Speaker, the answer to this ques-

ton may be provided elsewhere in the code: I am not sure. My nuestion is: How does the amendment or other


Mr. X\'ESTERBF,RG. Mr. Spcaker, I would like to yield to Mr. Ronetto first.

existing law provide for the handling of the registration fee during the transitional period? I woud assume or I would think that there might have to he a prorated fee at some noint.

from Allegheny, Mr. Bonetto. Mr. BOPJETTO. Mr. Speaker. I would like to refresh

the memory of all the members of this House in reference to this amendment. A week ago I noticed my colleague on the other side wearing a meat cleaver around his neck. 1 would like to have the memhcrs of this House help me rlse that meat clcaaer in defeating this amend-

Remember, that we also have something coming up / The SPEAKER. The Chair recognizes the gentleman that will affect the Motor Vehicle Code, and that is t h e , from Clearfield, Mr. George.

~, present time the majority of this money is collected at one period. ~ u t this money that is received is deposited in the motor license fund and is disbursed over the year's period. ~t is not all used at one time. Consequently, the

is still to he collected in a period and not all at one time. ~t is expended, that money, over a year's Deriod so that the money is not needed at any

ment. I think it would create a very chaotic situation over at

the Department of Motnr Vehicles. There is a serious study now bcing made in reference to the trucking industry being permitted to buy licenses on a 6-month or quarterly basis. I do not think there is any need of having that department issue licenses each month. It would be a troublesome problem for them. It creates a problem now and I think we would only he creating a greater For that reason, I the amendment.

The SPEAKER. The Chair recognizes the gentleman from McKean, Mr. Westerherg.

Mr. WESTERBERG. Mr. Speaker, I rise with mixed feelings because I certainly want some better way on the license issuing. I have been very close to this since I have been down here. But I am sure that we cannot sit here in this House and legislate efficiency. If the department is inefficient now-and I say, if it is-I do not think this is going to cure it. I believe that we may he causing more problems than we are solving.

Legislation is not needed. According to the Motor Ve- hicle Code, right now the Secretary may issue licenses this way; they may set up stations all over the state; they may do ma,]y things. But for us to sit here and legislate the way they are going to do it, I am sure we are going to cause more chaos than we are going to cure.

I believe that this will take a lot more also on this than to merely pass this as an amendment. I think if it is goillg to he passed as a bill, then it certainly should be a hill and he that way, or reconsidered in the of the Motor Vehicle Code, But to pass this I think would just create more chaos.

one specific time. M,.. COWELL. M ~ . speaker, am I not correct in under-

standing, though, that effective in 1977, some individuals would he receiving a registration for the existing fee but might be receiving it for a period up to, perhaps, 20, 21 or 22 months,

M,, p y ~ ~ s , D~,.J you say calendar year 1976 or 1g77? M,, coWELL, I said 1977, M,, P Y L E ~ , P J ~ , not in 1977, It is true that those reregistrations in 1976 would carry

over for a duration longer than 12 months. However, there are some that would be for less than 12 months.

Mr. COWELL. And, so, i t is your intent, Mr. Speaker, that regardless of whether one receives the registration for 12 months or 18 or 20 months, they would pay that same fee?

PYLES, At the present juncture, the fee schedule is not being proposed to be changed,

COWELL, All right. Thank you, Speaker,

The SPEAKER. The Chair recognizes the gentleman from Westerberg.

Mr. WESTERBERG. Mr. Speaker, Mr. Cowell raises a valid point. The Motor Vehicle Code is written now that the month and the date are in there. Six months after the renewal of your plate, it is written in there by the month when you receive half-fee. It is also written in there the month and the day when YOU will receive

This amendment would not fit in in any way with those months, because it would have to be written in there which month would become half-fee and which quarter- fee. It would cause confusion.

LEGISLATIVE JOURNAG-HOUSE

a i tw the effective date of this amendment will then fall in line with the new formula. Is that true?

Mr. PYLES. No, Mr. Speaker. Mr. GEORGE. Would you "lcass explain it? Mr. PYLES. It says that the effective date is Fehrn-

ary 1. 1977, and that all vehicle registrations that expire with that dale will go nndcr the new schedule as proposed in the table.

Mr. GRORGE. That is as of 19771 Mr. PYLES. Yes. Mr. Speaker. Mr. GEORGE. Then what does your amendment do

then, in fact. to eliminate the nroblem with the vehicles

Mr. GEORGE. Mr. Speaker, may I interrogate Mr. Pyles?

Thc SPEAKER. Will the gentleman from Mont- gomery, Mr. Pyles, consent to interrogation?

Mr. PYLES. Ycs, Mr. Speaker. Th? SPEAKER. The genl~lcman may proceed. Mr. GEORGE. Thank you. . Speaker, would yqu say that the basis and the

main purpose of this amendment is to eliminate the chaos that now exists over at the Department of Trans- portation pertaining to registration?

Mr. PYLES. That is correct. Mr. GEORGE. Would that be the principal reason? Mr. PYLES. That is correct. Mr. GEORGE. Well, I certainly would agree that this

at this time exists. But according to your amendment, it in effect says that everything that wi!l he registered

now registered? Mr. PYLES. It starts in 1977 with the snreadine out of

20 years ago and they did it very successfully, and they are carrying on very successfully to this day. The fact of the matter is, if they had not changed over, they would have had tremendous problems.

Now it works very well in n little bit different manner. They do not ever change their license plates at all. If you will notice, they do not even have any years mentioned on New Jersey plates. They do it hy a system of stickers.

The initial surge of work to change nver is all that is required. Once it is changed over, they fo:ind out that there are tremendous savings effected for all oE the citizens of their state. Consequently, I feel that this amendment has considerable mcrit; although there may be something wanting so far as regulation is concerned, I think those things can be smoothed ont and I surely do support this move as a move in the right direction.

the workload over the 10-month period, rather than the onc expiration date ns it now exists.

Mr. GEORGE. Well, Mr. Speaker, though I agree with part of your amendment, I am asking you what will it do with the vehicles now registered until 1977, if this bill should he passed?

Mr. PYLES. The vehicles in 1976 will cxwire as in

The SPEAKER. The Chair recognizes the gentleman from Montgomery, Mr. Pyles.

Mr. PY1,ES. Mr. Speaker, a nnmhcr of my colleagues have indicated that they are interested in smoothing out the problems that our constituents face. Some would like to see this type of approach start i m n ~ e d i s t ~ l y .

My amendment is addressing itself to 1077 for two reasons. I am trying to give the Bnreau of Motnr Ve- hicles 18 months in which to gear up for this, and I think it is important to give them that time frame in order to gear up for a ncw type of registration and not impose it ~ ~ p o n thcm next year.

I recognize that the secndifiration of the vehicle cork is underway now. I am afraid if that imposes some system like this, it will be too late to initiate it when the new tags come. That is why I am i,ffcring this amendment to the bill today. T h ~ n k you, l\Tr. S p c a k ~ r .


previous years on the 31st of March 1976. This starts with the new tags to be issued in 1977.

There will be no ncw tag, in accordance with the ad- ministration's nronosal rieht now. until 1977.

The yeas and nays were required by Mcssrs. PYLES and WESTERBERG and were as follows:

YEAS-68 . . .> ,~~

Mr. GEORGE. Mr. Speaker, would I b e in line to make a few comments?

The SPEAKER. The gentleman is in order and may proceed.

Mr. GEORGE. I do agree that Mr. Pyles is after the same thing that we are all afler, which is to eliminate a grcat problem that our constituents are now having. UnCoit~~nately. I must say that I must go against this amendment for the reason that I do not believe there has been enough investigation, and, in reality, enough answers provided to the amendment to alleviate the problem that our constituency is havhg.

As Mr. Bonetto has said, there will be some extensive investigation and we all want t o do the best for the

The SPEAKER. The Chair recognizes the gentleman 1 EzweII from Chester. Mr. Vroon. nmno++..

AndersontJ.H. Beren Brandt Burns Butera cesssr Cimini

g,",c,"'d ~ e v e r t e r

:$," ~,,,,n "ischer Foster. A.

Gallen

pcopie in Pennsylvania. In the near future, hopefully we might he able to come up with a bill that will eliminate the problems that now exist with the people.

Thank you.

Abraham

$zGp Beliomini Bennett %?,in

- - ~

Gring Milanovich Hasay Miller, M. E. Haskeli n?iller, M. E.. Jr. Hares. S. E. Meeh!mann

~ ~

Mr. VROON. I think it is just worth mentioning before we decide what to do with this amendment that the State of New Jersey has been operating this way for

Hepford Noye Hill O'ConneIl

W.,..%.."

g:;",';zr c,,,t, Cnhen Cole

Hopkins Pancoast Hutchinson, W. Pailier. If. S. Kiqtler Pit,..

some 20 years. They went through a change of this kind Cowell

- .... Klingaman Polite Lehr Pylcs Levi Renninger Lvneh Rocs -~ ~

Manrni~ler Ryan MeClatchy Scheaffei MeGinnis Seltzer

Sllane Shelhnmcr shuman Sirianni Smith. E. Smith. L. spencer Stahl Tatidonio Turncr Vroon w h e l m U'llcon Wilt. W. W. Worriloi" Wrieht

sa1vvtnre Schmitt Schweder Scirica Shetton Shnnnik Stapleton StOLlt swecnep Taylor Tai-oun Toll Trello UstynosR1 Valicenti


Cumberland Itkin O'Donnell Vann Davis. D. M. Johnson. J. O'Keeie Wagner DeMedio Katz Oliver Wansacz ~ i c a r i o Kelly, J. B. Perri Wargo ninnnatn u e 1 1 v A P. Perrv Weidner

An Act amending the act of May 17, 1956 (1955, P. L. 1609, No. 537), entitled "Pennsylvania Industrial Develop- ment Authority Act," providing for deposit of funds under savings contracts in savings associations and giving secu- - ~ ~ ~ ~ ~ . .... ~ " , . . - .-~.

Dombrowsltl Kernick Petrarca westerberg Doyle Knepper Pratt Whittlcsey Dreibelbis Kolter ~rcndergast Wilt, R. W. Eckensberger Kowalyshyn Rappaport Yahner Englehart Kusse Reed Yohn FCC LaMarea Renwielr Zeller

rity f i r such deposi!~. -

Reported from Committee on Business and Commerce.

SENATE BILL No. 603 By Mr. BENNETT - ~-

Fisher iaudadia ~ h a d e s Zord Fiaherty Laughlin Rieger Zs lk l Fryer Lederer Ritter Gallagher Letterman ~arnane l l i Flnernan, Garzia Lincoln Rugsiero speaker Geesey Manderino Saloom

NOT VOTING-10

An Act amending the act of December 14, 1967 (P. L. 746, No. 345). entitled "Savings Association Code of 1967," further providing for the powers of an association, the right to provide for cumulative voting, lor acting as trus- tee under the Employee Retirement Income Security Act of 1974, and providing for the issuance of mortgage backed bonds.

Berson MeCraw Sullivan Walsh, T. P . Dininnl Pievsky Thomas Wojdak Hammock Richardson


The SPEAKER. Is it the desire of the majority leader that the bill be prepared for final passage?

Mr. IRVIS. That is correct, Mr. Speaker. The SPEAKER. The bill will be prepared for final

passage.

A ~ P R O ~ R ~ A T Y O N S COMR~ITTEE MEETING I Reported from Committee on Business and Commerce.


SENATE BILL No. 604 By Mr. BENNETT

A, amending the act of *"gust 23, 1967 (P. L. 251, No. 102), entitled, as amended, "Industrial and Commer- cial Development Authority Law, further providing for deposit of funds under savings contracts in savings associations and providing security for such deposits.

Reported Irom Committee on Business and Commerce.

SENATE BILL No. 626 By Mr. BENNETT

On the question recurring, will the House agree to the bill as amended on third

consideration? Bill as amended was agreed to.

Ordered, that the bill as amended be prepared for final passage.

The SPEAKER. The Chair recognizes the gentleman RJI,LS REPORTED AND CONSIDERED FIRST from Philadelphia, Mr. Wojdak. TIME AND RECOMMITTED TO CORIMITTEE

Mr. WOJDAK. Mr. Speaker, I would like to call an ON RULES

An Act amending the act of November 30, 1965 (P., L. 847, No. 356), entitled "Banking Code of 1965,:' prpvldlng for the designation of legal holidays lor banking instltu- lions and making partial repeals of other laws for that purpose, reducing the number of trustees of a savings hank, changing the maximum amount and term and re- payment for installment loans, requiring annual audits to he made by certified public nccountants, and changing the limit on loans to officers and employes.

The SPEAKER. Without obiection. the Chair will1 R e ~ o r t e d from Committee on Urban Affairs,

immediate meeting of the Appropriations Committee. The SPEAKER. Will the gentleman yield? There is an important announcement being made. Will

the ,,f the H~~~~ please listen to a rather important announcement?

The gentleman may proceed. WOJDAK, Speaker, for members of the Ap-

propriations Commiltee, there will be a meeting within the ncxt few minutes in the conference room off room 245 for consideration of certain bills. I would appreciate it if each member will proceed to the conference room.

REPORTS

take regorts of committees. ~ d e r e will be no voting, and the House will be in recess until

HOUSE BILL No. 1037 By Mr. VANN An Act amending the act of May 23, 1945 (P. L. 903, No.

362). entitled "An act authorizing cities of the third class to establish an optional retirement system lor officers and employes independently of any pension system or systems existing in such cities," c!langing the years of service required for full compensation during permanent disability.

Reported from Committee on Urban Affairs.

HOUSE BILL NO. 1419 By Mr. VANN

An Act amending the '.Home Rule Charter and Optional plans Law," approved April 13, 1972 (P. L. 184, No. 62), prohibiting a vote within five years after defeat by the electorate.

SENATE MESSAGE

BILLS REPORTED AND CONSIDERED FIRST TIME

SENATE BILL No. 601 BY Mr. BENNETT

SENATE BILL No. 602 By Mr. BENNETTI Referred to Committee on State Government.

BILLS FOR CONCURRENCE

The clerk of the Senate, being introduced, presented for concurrence bills numbered and entitled as follows:

SENATE BILL No. 720

An Act amending the act of ~ a y 2, 1945 (P. L. 382, No. 164), entitled "Municipality Authorities ~ c t of 1945," providing further powers of investment.


An Act amending the act of December 22, 1959 (P. L. ?978, No.,?28), entitled, ,as amended, "State Harness Rac- lng Law, further provid~ng for an appointment by the Secretary of Agriculture to a committee for the determination of certain agricultural research projects.

LEGISLATIVE JOURNAL--HOUSE

SENATE BILL No. 823

A Supplement to the act of (P. L. , No. ), entited "n1otor License Fund Supplement to the

General Appropriatlun Act of 1975," itemizing appropriations required from the Motor License Fund for the proper operation of the several departments of the Common- wealth authorized to spend Motor License Fund moneys.

Referred to Committee on Appropriations

COMPdUNICATION FROM GOVERNOR

June 26, 1975

To the I-Ionorable, the House of Representatives of the Commonwealth of Pennsylvania:

I havc the honor to inform you that I have this day approved and signed House hi!l No. 667, printer's No. 749, entitled "An Act amending the act of June 24, 1931 (P. L. 1206, No. 331), entitled 'The First Class Township Codc,' providing for liability insurance for officers and employes."

MILTON J . SHAPP Governor

The Secretary to the Governor, being introduced, presented the following communication in writing from His Excellency, the Governor, which was read:

To the Honorable, the House of Representatives of the Commonwealth of Pennsylvania:

June 26, 1975


OF lg7, 6633 664' 667, 668, 1207, 1334 and 1336.

Governor's Office, Harrisburg

June 26, 1975


I have the honor to inform you that I have this day approved and signed House hill No. 187, printer's No. 208, entitled "An Act amending the act of December 15, 1959 (P. L. 1779, No.673). entitled, as amended, 'The Fish Law of 1959,' provid~ng for the displaying of the license certificate or other device."


June 26, 1975

I have the honor to inform you that I have this dak approved and signed House bill No. 197, printer's No. 218 entitled "An Act designating a certain lake being constructed by the Fish Commission as 'Lake Kahle'."


I have the honor to inform you that I have this day approved and signed House bill No. 668, printer's No. 750, entitled "An Act amending the act of May 1, 1933 (P. L. 103, No. 691, entitled 'The Second Class Township Code,' providing for liability insurance for township officers and employes."

MILTON J. SHAPP Governor

June 28, 1975

To the Honorable, thc House of Representatives of the Commonwealth of Pennsylvania:

I have the honor to inform you that I have this day approved and signed House bill No. 1207, printer's No. 1756, entitled "An P-ct amending the act of July 22, 1970 (P. L. 513, No. 178), entitled 'Pennsylvania Cigarette Tax Act,' changing provisions relating to payment 01 certain revenues."

MILTON J . SIiAPP Governor

June 26, 1975 1 To the Honorable, the House of Representatives of the

Commonwealth of Pennsylvania:

I have the honor to inform you that I have this day approved and signed House hill No. 663, printer's No. 745, entitled "An Act amending the act of August 9, 1955 (P. L. 323, No. 130), entitled 'The County Code,' further providing for the liability of county officers and employes for their acts or omissions."


June 26, 1975

To the Honorable, the House of Representatives of the Commonweath of Pennsylvania:

I have the honor to inform you that I have this day approved and signed House bill No. 664, printer's No. 746, entit led "An Act amendine the act of Februarv 1. 1966 ---- - - ~ ~

(196:, P. L. 1656, NO. 581); entitled 'The ~ o r o u g h code> nrnvldine for llabilitv insurance for officers and em- .~ -

ployes."


June 28, 1975


I have the hanor to inform you that I havc this day approved and signed House hill No. 1334, printer's No. 1658, entitled "A Supplement to the act of (P. L. , No. ), entitled 'Federal Revenue Shar- ing Trust Fund Supplement to the General Appropriation Act of 1975,' itemizing appropriations required from the Federal Revenue Sharing Trust Fund for the proper oper- ations of the several departments of the Commonwealth authorized to spend Federal Revenue Sharing Trust Fund moneys."


June 30, 1975


~ ~ - , , for the paymeit of hill? incurred and remaining uhpaid at the close of the fiscal ueriod endine June 30. 1975." except as to the following items:

To the Department of Healtb

The item in section 2 which provides as follows: "Providing aid to counties in the establishment and

maintenance of local heaith departments ........ 13,624,000." This item is approvcd in the sum of $6,812,000 which

is the amount I recommended in my 1976-76 budget.

LEGISLATIVE JOURNAG-HOUSE July 1,

This item is not approved. I t was not included in my 1075-76 l , ' .~~dg~t, and further, if approved, t he cost of this proqrarn could rise to 533,000.000 next year.

The item in section 2 which provides as follows: 'FOR GRANTS TO COUN'TY DEPARTMENTS O F

I-IEALTII AND TO n,I,,NICIPALITIES UNDER THE ACT OI? AUGUST 24, 1951 (I-'. L. 1304, NO. 315), KNOWN

Ordered, That the clcrk present the same to the House of for its concurrence,

On the question, Will the House concur in the resolu!ion of the Senate? Resolution was concurred in.

AS ............ 3,500,000." HEALTH ADMINISTRATJON LAW',

Ordered, That the clerk inform the Senate accordingly.


RECONSIDERATION OF VOTE ON I HOUSE BILL X r 1440 HOUSE DILL No. 793 By Mr. MANDERINO for Mr. U70JDAK

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

M ~ , IRVIS that the vote by which 1 x 0 ~ s ~ BILL No. 793, printer's No. 896, entitled:

An ~ c t the 's~ennsylvania T ~ ~ ~ ~ ~ B ~ system Financing Act," approved ~ u g u s t 14, 1951 (P. L. 1232, No. 282), increasing salaries.

was defeated on linal passage on Tuesday, July 1, 1975, be reconsidered.

Mr. BONETTO seconded the motion.

On the question recurring, Shall the bill pzss finally?

An Act an~cnding the "Public School Code of 1949," approved March 10, 1949 (P. L. 30, No. 14). prqviding for the lean of tevlbouks and instructional matenals for the benefit of children attending nonpublic scl~ools in this Commonwealth.

Rereported from Committee on Appropriations.

HOUSE BILL No. 1471 By Mr. MANDERIKO for Mr. WOJDAK

HOUSE BILL No. 793 PLACED ON FINAL PASSAGE POSTPONED CALENDAR

Mr. IRVIS moved that HOUSE BILL No. 793, printer's No. 896, he placed on the final passage postponed calendar.

On the question, Will the Ilouse agree to the motion? Motion was agrced to.

Thc SPEAKER. The Chair recognizes the gentleman from Westmoreland, Mr. Manderino.

Mr. .MANDERINO. I wish to report thc following hills on behalf of the gentleman, Mr. Wojdak.

The SPEAKER. The clerk will read the hills.

BILT,S REREPORTED AS CORlMITTED FROM COMRlITTEE ON APPROPRIATIONS

MOUSE BILL No. 167 By Mr. MANDERINO for Mr. WOJDAK

Rereported from Committee on Appropriations

HOUSE BILL No. 1472

I By Mr. MANDERINO for Mr. WOJDAK

An Act amending the "Second Class County Code," approved July 28, 1953 (P. L. '723, No. 230), increasing the authorlzeil amount of the annual assessm~nts far the

Inecessarv e x i c n s e s ~ o f the association oI countv com- missioners.

Rereported from Ccmmlttee nn Pbi>prupriations

I RECESS Thc SPEAKER. Kithout objection, the Chair now

declares a rcccss until 2:30 p.m. Tine Chair hears no objection. This House is now in

recess.

I AFTER RECESS The time of recesr: having expired, the House was 1 called to order.

I THE SPEAKER (I -I~r l~crt I'inrman) IN THE CEYAIR

An Act regulating debt collection practices and pro- v ~ d ~ n e nenallier. I HOUSE SCIIEDULE REQUESTED

An Act exempting the owner of certain agricultural' l.here is for thc remainder of the wcek? land from the payment of as:essments for municipal improvements during the period of time that the owner docs not usc the services provided by the improvements. HOUSE SCHEDULE

- . ~ - ~ ~ - A----------.


IHOUSE BILL No. 217 By Mr. MANDERINO for Mr. WOJDAK

The SPEAKER. The Chair rccognizcs the gentleman from Crawford, Mr. Haskell.

Mr. ITASKELL. NIr. Spcakcr, I wonder if ycu could indicate to the members what sort of tentative schedule

HOUSE BILL No. 1439 By Mr. MANDERINO for Mr. WOJDAK


ZIOUSE BILL No. 1438 By Mr. MANDERINO for Mr. WOJDAK

A,, the "public school code of 1949," :ipproved March 10, 1949 (P. L. 30, Wo. 14), further providing for purchase of hooks for nonpnhlic school children.


CALENDAR

The SPEAKEIZ. Yes. We shall he in session tomorrow. That will be at the last day of this week. We will return to session next week and, for the further information of the members, we will he in session nest week, the weck after that, and the wcck of the 21st will be, hopefully, the last week prior to the summer recess. We will return somelimc in the month of September for 2 or 3 weeks to clean up unattended to business and that will complete the proceedings for the year.

An Act amending the "Public School Code of 1949," approvcd March 10, 1949 (P. L. 30, No. 14), providing

1 13II.LS ON THIRD COTSIDERATION for euxiliary services lor the bcncfit of children attend- Agreeable to ing nonpuhlic schools in the Commonwealth. 1 Thc Housc ~rocccded to third consideration of House

Rereported from Committee on Appropriations. I bill No. 924, printer's No. 1057, entitled:

182.2 LEGISLATIVE J O U R N A L H O U S E July 1,

An Act amending the "Housing Authorities Law," approved, May 28, 1937 (P. L. 955, No. 265), increasing the minimum amount for which the authorities may contract or purchase without bids.

On the question, Will the Ilouse agcee to the bill on third consideration? Bill was agreed to.

from Armstrong, Mr. McCue. For what purpose does the gentleman rise?

Mr. I rise to a question of personal privilege, The SPEAKER. The gentleman will state it. Mr. McCUE. Mr. Speaker, my switch was locked

during the vote on House bill No. 924. The SPEAKER. How does the gentleman desire to be



Anderson. J. H. Al'thUrs Barber Beiiomfnl Bennett Brr rn Berlin Bittle Blackwell nonetto Bradley 9randt Brunner Burns nutera Caputo Cohen Cole Crawford Cl!rnberland Davis. D. M. i,cverter Dicarlo DiDonato nictz DombrowsU DOIT Doyle Eck-nsherger Enciehart Fnwcett Pee Fischer Flahcrty Foster. A. Foster, W. Gallagher Gallen Gvrzia Geescy

. recorded?

Mr. McCUE. "Yes." The SPEAKER. The gentleman's remarks will be

noted for the record. Agreeable to the provision of the Constitution, the

yeas and nays will now be taken.

YEAS-158

Gcisler George Giammarco Glllespie Gleason r;1ec50n



Goodman Cree" Greenfield Cring Hamilton, J. H. iiasnv

itkln Johnson. J. K:l+r --... Kelly, A. P. Rcily, J. B. Ristler 1incpger 1coiter Kowaiyshyn Kussc Laudndio Laughlin ILcdeier 1.ehr Litterman Levi TAncoln Lynch lxanderino Msnr~liller i\<cCall

McClatcily McGinnis hlcIntyre MeLane Acebus nlenhorn Miianovich Miiler, M. E. Miller, M. E. Milliron :lorhlmann Morris Mullcn n m t o Myers Noye O'Brien O'Connell O'Keefe Oliver Funcoast Parker, H. S pr r r i Perry Pins Polite Pratt Pyles Zappaport Eeed HenninFer Rhodes itlrger 1:itter it.,manelli aoss RUggiero Ryan Siilvatore Sc!reaffer

, Jr.

Schmitt Sehweder Sciriea Seltzer Shane Shelton Shupnik Sirianni Smith, E. Smith. L. spencer Stahl Stapleton Suilir-an Taddonio Taylor Tayoun Toll Turner Vann Vroon Wagner Wansaez Wargo Weidncr westerberg Whelan Whittlesey Wilson Wilt. R. W. Wilt, W. W. Worrilow Wright Yohn Zearfoss Zord ZWikl

Finernan. SPl

Abraham Rernick Pctrarea Stout Cowell Kiinsnman Prentiergast Sweeney DrMedio LaMilrea Hcnwick Trello Fryer Miscevich Saloo~n Yahner Gillette lrirkonic siielhamer Zeller Halverson Nuvak Sllutnnn

C NOT VOTIIVG-22

Bcrson Fisher McGraw Thomas C e s s i ~ Grieco RWlien. M. P. Ustynoskl Cirnini iIsmmock ~ 'Donne l l Valicenti Dav ie~ Haskell Picvsky Walsh, T. P Dinmnl 1~1utcirmson. W. Richardson Wojdak nreibelbis 1vlcCue

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






Abraham Anderson. J. Arth- Barber Bcllomlnl Bennett Beren Berun BerSon Bittle Blackwell Nonetto Bradley Brandt Brunner Burns Butera

' Caputo Cessar Cimini Cohen Cole COWSll Crawford CumDerland Davies Davis. D. M. DeMedio Deverter Dicarlo DiDonsto Dietz Dombrowrkl Dorr Doyle Eckenrbergel Englehart Faweett Fee Fiseher Fisher Flaherty Foster. A. Foster. W. Fryer Gallagher

George Giammareo Gillespie ~ i l l e t t e Gleason Gleeson Goodman Greenfield Grieco Gring Halverson Hasay Ilaskell Hayes. D. S. Hayes. S.E. Hepford Hill Hopkins Hutchinson. A. Hutchinson. W. Irvis Itkin Johnson. J. Kelly. A. P. Kelly, J. B. Kernick Klingaman Knepper Koltel Kowalyshyn Kusse LaMarca Laudadio Laughlin Lederer Lehr Letterman Levi Lincoln Lynch Manderlno Manmiller

McCall McClatchy McCue McIntyre McLane Mebus MenhoFn Milanovich Miller. M. E. Milliron Morris Mrkonic Mulien Mullen. M. P Must0 Myers Novak Noye O'Brien O'ConneU O'Keefe Oliver Pancoast Parker. H. S. Perri Perry Petrarca pitts Polite Pratt Prendergast Pyles Rappaport Reed Renninger Renwick Rhodes Ricger Ritter Ross Ruggiero Ryan Saloom Salvatore Seheaffer Schmitt

Schweder Scirica Seltzer Shane Shelhamer Shelton Shuman S h u ~ n i k sir i inni Smith, E. Smith. L. Spencer Stnhl Stapleton Stout Sullivan Taddonio Taylor Tayoun Toll Trello Turner Vann Vroon Wagner Wansaez Wargo Weldner Westerberg Whelan Whittlesey Wilson Wilt, R. W. Wilt, W. W. Wojdak Worrilow Wright Yahner Yahn Zearfoss Zord Zwfki

QUESTION OF PERSONAL PRIVILEGE N A Y S 4

The SPEAKER. The Chair recognizes the gentleman G,,, Hamilton, J. H. ~ a t r Zeller

1975. LEGISLATIVE JOUWNAL-HOUSE 1823

NOT VOTING-18 I NOT VOTING-18

Dininni McGraw Pievsky Thomas Dreibelbin Miller, M. E., Jr. Richarason Ustynoski Hammock Misccvich Romanelli Valicenti K i~ t l e r Moehlmann Sweeney Walsh, T. P. MeGinnis O'Donncll

Davis. D.M. Hammock Pievsky Thomas Dininni Letterman Richardson Uslynoski Dreibelbis MeGraw Swreney Valieenti Gleason Mlseevieh Tayoun Walsh, T. P Gleeson O'Donnell





Agreeahle to order, The House proceeded to third consideration of House


amending the -vietnam conflict veterans2 Compensation Act," approved July 18, 1968 (P. L. 405. No. 183), extending the act.

The SPEAKER. This bill has been considered on three No. 981. different days and agreed to and is now on final passage. The SPEAKER. The gentleman's remarks will he

The question is, shall the hill pass finally? noted for the record.

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

from Bucks, Mr. Renninger. For what purpose does the gentleman rise?

Mr. RENNINGER. I rise to a question of personal

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

Agreeahle to order, Agreeable to the provision of the Constitution, the The House proceeded to third consideration of House yeas and nays will now be taken. bill No. 1103, printer's No. 1264, entitled:

privilege. The SPEAKER. The state Mr. RENNINGER. Mr. Speaker, my switch is flickering.

I would like to be recorded in the affirmative on House

YEAS-184

Abraham Gccsey MrCue Scheaffer r\nclerson. J. H. Geisler McGinnis Schmitt ni thum George Melntyre Schu~erler Bnrber Giammarco McLane Scirica ~ r l l o rn in l Gillespie nlehus seltzer Bennett Gillette Rrcnhorn Stiane Beren Goodman Milanovich Shelhamer Berlin Green Miller. M. E. Shelton Berson Greenfield Mil l~r , nl. E.. ~ r . shuman ~ i t t l e Grieco milliron Shupnik Blackwell Gring ?.?nrblmann sirianni Uonetto Iinlverson Morris Smith, E. Bradley Hamilton, J. E. Mrkonie Smith. L. ~ r a n d t xasny Mullm, nr. P. Spencer runner Ilaskell Mullen stah1 Bum5 Hayes, D. S. Musto Staplcton nutera H a ~ c s , S. E. Mvcrs Stout Caputo Hepford Novak Sullivan CCSSRT ?Till No ye Taddnnio Cimini Rollkins O'Rrien Taglor

Hutchinson. A. O'Connell Cohen Toll Hutchinson. W. O'Keefe Coie Trello Trvis Oliver Cowell Turner Tti<in Pancoast Crawford Vann

Cumherland Johnson, J. Parker, H. S. Vroon Davies Kntz Perii Wagner DeMedlo Kelly, A. P. Perry Wansacz Deverter Kelly, J. B. Petrarea Wargo nicarlo Kernick Pitts Weidncr IIiDonato Kisticr Polite Westerberg Dietz Klingaman Pratt Whelan nombmwsld Knepper Prendcrgast Whittlesey Dorr Koltcr Pyies Wilson Doyle Kowaiyshyn Rappaport Wilt. R. W. Eckcnsberger Kussc R<.ecl Wilt. W. W. Enslehart I,aMarca Renninger Wojdak Fnweett Laudadio Rcnwick Worrilow Fee Iallghlin Hhodes Wright Fischer Lederer Rieger Yahner Fisher Lchr Ritter Yohn Flaherty Levi R~~l lanel l i Zcller Foster. A. Lincoln ROSE Zord Foster, W. Lynch H~~ggiero Zwikl Fryer Mnnderino Ryan Gallagher Manmiller Snloom Fineman, Gailen nilecall Salvatore speaker Garzia ntcclatehy

NAYS-1 Zearfoss

An Act amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, redefining the definition of firearms.





YEAS-188

Abraham Garzia McCue Scheaffer Anderson. J. H. Geesey McGinnis Schmitt Artliurs Geisler McIntyre Schwedrr Barber George McLane Scirica Bellomfni Giarnmareo Mebus Seltzer Bennett Gillespie Menhorn Shane Beren Giilette Milan~vich Shelhamer Berlin Gleason Miller. M. E. Shelton Berson Gleeson Miller. M. E.. Jr. Shuman Bittle Goodman Milliron Shupnik Blackwell Green Moehlmann Sirianni Bunetto Greenfield Morris Smith. E. Bradley Grieco Mrkonic Smith. L. Brandt Gring Muilen. M. P. Spencer Rrunner Hamilton. J. H. Muilen Stahl Burns Hayes, D. S. Musto Stapleton Butera Hayes. S. E. Myers Stout Caputo Hepford Novak Suilivan Ccssar Hill Noye Taddonio Cimini Hopkinn O'Brien Taylor Cohen Hutchinson. A. O'Conneli Tayoun Cole Hutchinson. W. O'Donnell Toll Cowell Irvis O'Keefe Trelio Crawford Itkin Oliver Turner Cumberland Johnson. J. Pancoast Vann Davies Katz Parker. H. S. Vroon Davis. D. M. Kelly, A. P. Perri Wagner DeMedio Kelly, J . B. Perry Wansaez Deverter Kernick Petrarca Wargo Diearlo Kistler Pitts Weidner DiDonato Klingaman Polite Westelberg Dietz Knepper Pratt Whelan Dombrowskl Koiter Prendergast Whittlesey

1824 LEGISLATIVE JOURNAL-HOUSE July 1,

Darr Doyle Dreibelbls Eckensberger Englehart Fawcett Fee Fischer Fisher Flaherty Foster. A. Foster. W. Fryer Gallagher Gallen

Kowalyshyn Kusse LaMarca Laudadio Laughlin Lederer Lehr Letterman Levi Lincoln Lynch Manderino Manmiller McCall MeClatchy

Pyles Rappaport Reed Renninger Renwick Rhodes Rieger Ritter Romanelli Ross Ruggiero Ryan Saloom Salvatore

Wilson Wilt, R. W. Wilt, W. W. Wajdak WorriIoW Wright Yahner -~ ~ ~

Yohn Zearfoss Zord Zwikl

Fineman, Speaker

Abraham Anderson, J. Arthun Bellomini Bennett Beren Berlin Berson Bittle Ronetto Bradley Brandt Bnlnner

N A Y S 4 Caputo

Halverson Rasay Haskell ZeUer riminl

NOT VOTING-11 cowell

Dininni Miscevieh Sweeney Vallcenti Crawlord Hammock Pievsky Thomas Walch. T. P. Cumberland


- - MeGraw ~ icha rdson Ustynoski




navies Davis. D.M. DeMedio

gF&?zer DiDonato

An Act amending "The Controlled Substance, Drug, Device and Cosnletic Act," approved April 14, 1912 (P. L. 233, No. 64), changing a reierence from drug abuser to drug dependent person.


Doyle Dreibelbls Eckensberga Englehart Faweett Fee Fisrher ~-. "1sher Flaherty Foster, A. Foster, W. Fryer Gallagher Gallen Garzia

Jr.

Mullen Hayes. D. S. Mulien, M. P Hayes, S. E. Musto Hepford Myers Hill Novak Hopkin5 Nuye Hutchinson. A. O'Brien Hutchinson, W. O'Connell 1rvis O'Uonneil Itkin O'iceefe Johnson. J. Oliver Katz Pancoast Kelly, A. P. Parker, H. S. Kelly. I. B. Perri KernicK Petrarca Kistler Pitts Kllngarnan Polite Knegper Pratt Kolter Prcndcrga~t Kowaly~hyn Pyles Kusse Rappaport LaMarea Reed Laudadio Renninger Laughlin Rcnwick Lcderer Rhodes Lehr Rieger Letterman Rittcr Levi Romanelli Lincoln Ruggiero Lynch Ryan Manderino Salvatore Manmiller Scheaffer McCaU Schmitt

Schwrder sclrica Seltzer shan t ShEihamer Shelton Shuman Shupnih Sirianni Smith. E. Smith, L. Spencer Stall1 Stnpleton stout Sullivan Taddonio TaYOun Taylor Toll Trello Turner valicentl Vann vroon Wagner Wansacz Wargo Weldnu Westerberg TVhelan U'hittlcsey Wilson Wilt, R. W. Wilt, W. W. Wojdalr worri1ow Wright Yshner Y0h" Zearfoss Zcller Zord ZWiH

The SPEAKER. The Chair recognizes the lady from Chester. Mrs. Crawford.


The question is, Shall the bill pass finally?

NOT VOTING-14

Geisler

NAYS-2

Perm Saloom

Agreeable to the provision of the constitution, the Agreeable to the provision of the Constitution, the yeas and nays were taken and were as follows: yeas and nays will now be taken.

Mrs. CRAWFORD. Mr. Speaker, there seemed to be some confusion in the Republican caucus yesterday on this bill, and I would just like to briefly state that the reason for this bill is that last session we had hearings on the new drug act to see how was working hack in the counties, My district attorney suggested the change in the terms "drug abuser" to "drug dependent person."

In Act 64 we have no definition of drug abuser, but we do have a definition of drug dependent person, and this particular section applies to the first offender who could get probation without verdict. Now the intention of most people who voted for the drug act was that the drug pusher be the affected where we tightened up on the penalties of the act, and the drug addict would be the person who we would try to help.

Well, what we want to do in this section is to make sure that the drug addict is the one who receives the help and not the person who is the seller of drugs. That is the intent of the bill.


narber ~iammock Richardson Thoma3

?'",well McGraw ROSS Ustynoskl Miscevleh Swceney Walsh. T. P.

oinlnni Pievsky

The majority required by the Constitution having voted ~n the affirmative, the question was determined in the affirmative'

Ordered, That the clerk present the same to the Senate for

~ ~ ~ ~ ~ ~ b l ~ to order, ~h~ H~~~~ proceeded to third of H~~~~

bill NO. 1135, printer's NO. 1312, entitled:

An Act amending "The Fiscal Code," approved Aprii 9, 1929 (P. L. 343, No. 176), further providing for refund of tuition or related fees by State-owned educational In- stitutions.

the question, Will the House agree to the bill on third Bill was agreed to,




knows I did raise, in conversation with him this morning, The SPEAKER. The point of order has to do with there an objection to the method of his offering this amendment being more than one subject matter within the provisions to this bill because I feel-and have been so advised by of this bill. other people-that the amendment is unconstitutional.

Mr. Saloom had told me that he was informed that we HOUSE BILL No. 1189 AND AMENDMENTS

did something similar to this last year wherein we passed PASSED OVER TEMPORARILY

that he is offering is a proper amendment; there is noth- I::licts ei$t ,- /mposiM Powers and duties on the ing with the it should uass in a sepa- Publlc Ut l l~ty Comm~ssion and providing for the assess- * -* &.

more than one transler of property in the same piece of legislation. I have checked with the Budget Office and checked with the Reference Bureau and neither one has been able to come u p with any piece of legislation passed last year which transferred more than one piece of property in the same piece of legislation.

Mr. Speaker, I was hoping the bill could be passed over until this could be resolved, because the amendment

- I l lCLlL "I UUSLS. rate piece of legislation. I would hate co see this bill arrive on the Governor's desk and then be vetoed for I On the question,

he SPEAKER. House bill No. 1189 and the amendment will be temporarily passed over.



An Act providing for the establishment of areas for re- tail electric supply. ~rovidil lg for reviews of areas where

something that could have been taken care of at an ear- I WllI the House agree to the bill on third consideration? lie7 date Bill was agreed to. ----

The SPEAKER. The gentleman, Mr. Seltzer, has raised the point of order as to the constitutionality of the amendment in view of the constitutional provision requiring that only one subject matter be embraced within the urnvisions of anv bill, except for a general appropriation

T!,~ s ~ E A ~ ~ ~ , bill has been considered on three days and agreed to and is now on final passage,

The question is, shall bill pass finally?

Agreeable to the urovisioil of the Constitution. the veas - -. - bill. On first blush, it would appear that the objection is well taken.

PARLIAMENTARY INQUIRY

The Chair recognizes the gentleman from Westmore- land, Mr. Manderino. For what purpose does the gentleman rise?

Mr. MANDERINO. I rise to a parliamentary inquiry. The SPEAKER. The gentleman will state it. Mr. MANDERINO. Mr. Speaker, is the gentleman rais-

ing a point of germaneness? The SPEAKER. The gentleman is raising the question

on the constitutional requirement that only one subject matter be embraced within the provisions of a bill.

Mr. MANDERINO. Mr. Speaker, there is only one subject matter in this hill, and that is the transfer of Com- monwealth property. There happens to be several par- cels of Commonwealth property. I know that this was accomplished in the last session of the legislature. There was a bill in the legislature to transfer property in Phila- deiphia, under the Delaware River, for a Bicentennial project and it was amended twice in the Senate to provide for two different armories, one in Monongahela, Pennsylvania, and one in Monessen, Pennsylvania, and that bill properly passed and was signed by the Governor, and the armories have heen transferred.

except the point of order. Lynch Salvatore Manderino Scheaffer Flneman.

The Chair recognizes the gentleman from Lehigb, Mr. Manmiller ~chrni t t Speaker

Zeller. N A Y S 4

- and nays will now be taken.

'PF;AS-186

Abraham Garria McCall Sehweder f"'ZJ.=. GeeSeY McIntyre Sdfiea Geisler McGinnls Seltzer

~~~b~~ George MeLane Shane Bellomfni Glammarm Mebus Shelharner Bennett Gillrspie Menhorn Sheiton B, Gillene Milanovich shuman Berm Gleeson Miller. M. E. shupnik

giGzn Goodman Miller. M. E.. Jr. Sirianni Green Wlliron Smith, E.

Blackwell Greenfield Moehlmann Smith, L. Grleco Morris Spencer Gring Mrkonic Stahl

~ r a n d t Halverson Mullen Stapletun BrUMer ~ a m i l t o n , J. E. Mullen. M. P. stout B w Hasay Musto Sweeney ~~t~~~ Haskell Myers Taddonio CaPum Hayes, D. S . N o s e ~ a y l o r Cessar Hayes. S. E. O'Brien Tayoun cirmni Hepfard O'Connell Toll coben Hill O'Donnell Trello

Hopkins O'Keefe Turner Ezteu Hutchinson. A. Oliver Ustynoskf Crawford Hutchinson, W. Pancoast Vallcentl g2:F'md Irvis Parker. H. S . Vann

Itkln Perri Vroon Dav1s.D.M. Johnson,J. Perry Wagner DeMedio Katn Petrarea Wansacz Deverter KeUy. A. P. Pitts Wargo D ~ C ~ ~ I O Kelly. J . B. Polite Weidner DiDOnaw Kerniek Pratt Westerberg Dletz Klstler Prendergast Whelan DombrowsL1 KUnaaman P ~ l e s Whit t l ese~

The SPEAKER. The Chair recognizes the gentleman from Franklin, Mr. Shuman.

Is the gentleman addressing himself to the point of order that has been raised?

Mr. SHUMAN. I wnnt to ask Mr. Saloom a question. The SPEAKFR. Does it have to do with the point of

order? There is nothing before the House at the moment

. . . . . - . Doe3 the gentleman, Mr. Zeller, desire to address him-

McClatchp MeCue self on the uoint of order? ZOrd

Dorr ~ n e p p e r ~ i p p a p o r t Wilson Doyle Kolter Hced Wilt, R. w. DrelbelbW Kowalyshyn Renninger Wilt. W. W. Eekensberger Kurse Renwlck Wojdak Englehad LaMarea Rieger Womilow Paw~et t Laudadlo Ritter Wright Fee LaushUn Homanelli Yahner msher L e d e r e Ross Yohn ::ZETA, Lehr Ruggiera Zearfoss

Levi Ryan Zeller F ~ , ~ , , , W . ~ i n c o l n saloom zwikl

Mr Z E L ~ E R . On the point of constitutionality you NOT VOTING-13 mean, sir? McCraw Pievsky SUUIVM


NOT VOTING-I0 I he has been to the doctor. he could have picked UP some communicable disease, which has been alluded to and

DiDonato Grieeo Rhodes Thomas nininnl Hammock ~ l ~ h ~ r d s o n walsh, T. P. admitted by the maker of this amendment, and then they Gleesan McCraw are free and clear to work. The employer is no longer

" Agreeable to order, we have in this bakery bill is far more adequate and far The House proceeded to third consideration of House more stringent. What that says is that the supervising

bill No. 1409, printer's No. 1652, entitled: personnel who are involved in the bakeries and who will

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

ordered, ~h~~ the clerk present the same to the Senate for concurrence.

~~t smending the ~~k~~~ L~~ p.fay 22, be inspecting their employes daily will he the ones who 1933 (P. L. 912, No. 168), and prohibiting certain persons will be responsible. But let us go a step further. This from workins in a bakery. law is applicable to bakeries. We think of it as applying

responsible, and when the state inspector comes in, they s~mply say, well, we have on file a certificate that this person was examined one day ar 6 months ago and they did not have at that time of examination any communicable diseases.

The denartment feels that this oresent wording that

On the question, Will the House agree to the hill on third consideration?

FAWCETT requested and obtained unanimous consent to offer the following amendments, which were read:

- -

"by foods" all bakeries are push button. In my area there are many, Amend Sec.,,2 (Sec. 2) , page 3, line 12. by inserting1 .. ,,. . many small bakeries. We do have the large commercial

only to hiikcries. As I said, most hakeries today are push-button affairs. But when you get down into the candy-making business, which is not a push-button af- fair, where people work with their hands right in the commodity which they are working with, there is no requirement for any kind af inspection.

Amend Sec. 2 (Sec. 2), page 3, line 8, by inserting after "a" where it appears the first time: communicable

Amend Sec. 2 (Sec. 2 ) , page 3, lines 8 and 9, by striking out "in a communicable form"

Amend Sec. 2 (Sec. 2) , page 3, line 9, by striking out

what I am saying to you i s the amendment is not needed. It should be voted down. It will only be used as a harassment on the employers,

M n . FAWCETT. Mr. Speaker, I dispute the fact that


atter "naKery:': Each employe shall be examined at least once every

months by a duly licensed who shall certify that the employe is not infected with a communicable disease or any af the aforementioned afflictions.

buttons and much of the food is not handled by the employes. But in the small neighborhood bakery this is not true.

bakeries, but we also have many neighborhood bakers. I believe the public is entitled to an assurance that these people are reasonably healthy in the handling of food. In the commercial bakery there are, of course, push

~h~ SPEAKER. ~h~ chair recognizes the lady from 1 See no enforcement by law when you say people who hTonlsnmorv M ~ F Fzwrptt are infected with a disease may not be employed in a bak- - . . . - . - . - . , -. -. -. - - . . - - . . .

FAWCETT. ~h~ bill as it is presently written on ery. I doubt very much the qualifications of an em-

page 3, line 3, would eliminate that part which would re. ployer could determine this, excppt perhaps if they have c,uire a ,,hysicianfs examination every months. I do an abrasion on their hand that is visible.

not believe that an ordinary employer would be able to The SPEAKER. The Chair recognizes the lady from determine whether or not an employe was afflicted with a I cheqter mrq ~ ~ ~ ~ f ~ ~ r l - ~ - - - . ~ ~ , - .. .. .. .~ - ~~. communicable disease if, in fact, he had not had a physi- M ~ S . CRAWFORD. Thank you, Mr. Speaker. cal examination. So, my amendment would reinsert the I would like to add my support to the passage of this need for a physician's examination every 6 months. amendment to House bill No. 1409. I do not think the

I know that an examination every 6 months may not determine whether or not a n employe is diseased; one could become diseased within a week, of course, after an examination; but I do believe it would Prevent perhaps some of the problems that we have in food handling. My own personal opinion is that we do not have strict enough laws in regards to the handling of foods.

That certification is only used to harass the employers. The SPEAKER. The Chair recognizes the gentleman Someone can have that certification and one day after from Columbia, Rlr. Shelhamer.

way the bill is worded now gives the public enough protection against a person who is a food handler and who may contaminate the product. I also think that the language in the amendment will act as a deterrent to those people who might otherwise apply for a job but who know that they cannot qualify for the job.

It is my understanding-Mr. Shelhamer mentioned the


Mr. SHELHAMER. Thank you, Mr. Speaker. 1 rise to oppose the amendment and I would like to tell

the House why the amendment should be voted down. First of all, that 1s the present system now. The Present

system is that if you work in a bakery, and most bakeries nowadays are computerized, push-button affairs. If You work in a bakery you must have a doctor's examination and certification that you are free of a communicable disease .?t least once every 6 months. The problem is this:

candy industry-that this industry is also covered under the provision applying to bakeries, under the licensing provision. If it is not and if I am in error, I would be very happy to cosponsor an amendment with Mr. Shel- hame,. to require the same thing 01 candy manufacturers, because I think that this is very important, too,

so what we have bere is an enforcement provision that we are taking out of the presellt bill but back with this amendment to really guarantee to the consumer that lIe or she is protected by the tllat is put out by these people,


Mr. SIIELHAMER. Mr. Speaker, very shortly, that Will the House agree to the bill as amended on third which the makers of the amendments seek to achieve by consideration? reestablishing the 6-month examination will not do the I Bill as amended was agreed to. . job.

The department that is charged with administering the the sanitation oi the Commonwealth feels

that under the bakeiv law. it is a much stronrer and a

Thank you.

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

The yens and nays were required by Mrs. FAWCETT and Mr. SIIELHAMER and were as follows:

YEAS-85

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

The question is, the pass - hztter way than thc original bi-yearly inspection. In fact, thcy recornmcnded the wording that we have herein. For that reason I would ask for a "no" vote on this amendment.

4braham Anderson. J. Beren RittlC

~ ~ ~ ~ ~ ~ b l ~ to the the constitution, the yeas and nays will now be talcen,

YEAS-177

~~~~

Burns nutera cessar cimini Crawford Cllmberland navies Drvcrter Dietz Faivcett Fiacher wisher Gallen c:'"sey C.lea~on C.reen GrleCO Gring

Halver~un Mebus Hamilton. J. H. Miller, M. E. Hnskell Miller. M. E.. Jr. Hayes. D. S. Moehlmann Hayes. S. E. Morris H ~ n f n r d Nave ill o ;d inne l~ IIopkins Pancoast IIirtchinson. W. Parker. H. S Iiatz Perri 1:istler PC**Y Rnnpper Pitts Kowalyshyn Polite KUSS" Pglcs Lchr R~nninger Levi Ritter I>ynch Ruggiero hlenmiller Ryan McClatchy Salvatore McCue Scheaffer McGimis Sciriea

Seltzer Smith. E. Smith. L. Spencer Stahl Taddonlo Taylor Turner Vroon Wagner Westcrberg Whelan UrhittleSey Wilson Wilt. R. W. Wilt. W. W. Worrilow Wright Yahner Yohn Zord

A*hurs Fnster. W. McCall Schmitt Barber Fryer McIntyre Schweder Bellomlnl Gallagher McLane Shane Berlin Garzia Menhorn Shelhanier Berson Geisler Mlianovich Shurnan Blackwell George Milliron Shupnik Bonctto Giammarco Mrkonic Sirianni Bradley CAllcspie Nullen Stopleton Brmdt Gillette Mullen, M. P. Stout Bmnner Goodman Must0 Sullivan Caputo Greenfield Myers Sweeney Cohul IIncay Novak Tayoun Cole Fititchinson. A. O'Brien Toll Cowell Irvis O'Donnell Trello Davis. D.M. Itkin O'ICeefe VallCentl DeMedio Johnson. J. Oliver V m Dicarlo Kelly, A. P. Petrarea Wmsacz niDonato Kelly, J. B. Pievsky Wargo Dombrow~kl Kerniek Pratt Weidner Dorr Klingaman Prendergast Wojdak Doyle Iiolter Rappaport Zearfoss Ilreibelbis LvMarca Rced Zeller Eckensberger Laudadio Renwick Zwikl Englehart Laughlin Rhodes Fee Lederer Rieger Flneman, Fiaherty Letterman Romanelli S p e a k Foster. A. Lincoln ROSS

Br~mner B u m Rutera Caputo Cessar Ciminl Cohen Cole

8

Cowell Cumberland navies Davis. D. M. OeMedio ncvcrter

Abraham Anderson. J. H. Arthum Barber Bellamlnl Rennett Reren Berlin Berson Bittle Slackwell Bradley Brandt

~ ~ ~-

Dicaflo Dietr Dombromskl Dom Doyle DPeibelbis Eckrnsberger Bnglehart Fee Fischer Fisher Flaherty Foster, A. Foster, W. Fryer Gallagher Gallen Garzia

Geisler George Girmmarca Gillette Gleason Goodman Green Greenfield Grim0 Gring Hamilton. J. H. Hasay Haskell Hayes. 9. S. Hayes. S. E. Henford Hill Ho~lr ins Hutchinson, A. Hutchinson. W.

Johnson. J. Katz Kelly, A. P. Kelly. J. B. Kernick Kistler Klingvman Kne~per Kolter Kowalyshyn KUFS~ LaMarca Lalldndio 1.augblin Lederer Lehr Letterman J.evl Lincoln Lmch Manderino Manmiller McCall

McClatchy McCue MeIntvre McLane Mebus Menhorn Milanovich Miller, M. E. Miller. M. E.. Jr. Milliron Moehlmann Morris Mrkonic Mulicn. M. P Mullen Must0 M"crs Novak Noye O.Brien O'Connell OiDonnell Oliver Parker, H. S. Perrl Perry Petrarca Pievsky Pratt Prendergast Rappaport Reed Rrnninaer Renwick Rhodes Rieger Ritter Romanelli ROSS Ruggiero Ryan Saloom Srheaffcer Schmitt Schweder

sciriea Seltzer Shane Shelhamer Shelton Shuman Shupnik Sirinnni Smith, L. Spencer Stahl Stapleton stout Sweeney Suili.~an Taylor Tayoun Toll Trello Turner Ustrnoski Valicenti Vann Wansaez Wargo Weidner Westerberg Whelan Whittlcsey Wilson Wilt, R. W. Wilt. W. W. Woldak worri1aw Wright Yahnrr Yohn Zearfass Zener Zord zwikl

Fineman. Speaker

Crawford Hviverson Pitts Smith, E. Fawcett McGinnis Polite Taddonio Geesey O'Keefe Pyles Vroon Gillespie Paneoast Salvatore Wagner

I NOT VOTING-10

Bonetto Gleeson Mi~cevleh Thomas DiDonato Hammock Richardson Walsh, T. P Dininnl PilcGram


On the question, I sity. Their directors are Dr. Gerald Thnrpe and Dr.

NOT VOTING-13

Bennett Mandcrino Richardson Thomas Dininnl MrGraw Saloom listynoskl Gleeson M~SECY~CL~ Shelton Walsh. T. P. Hammock



WELCOMES

The SPEAKER. The Chair is pleased to welcome a group of high school teachers attending the Robert Taft Institute of Government and Politics at Indiana Univer-

LEGISLATIVE JOUWNAL-HOUSE July 1,

Richard Heiges. They are the guests of Messrs. Shane and Cessar.

The Chair is pleased to have with us today the wife of one of our members, Mrs. Gallen, and her brother, James Boyle, Mr. Boyle's wife, Diane, and their sons, Jimmy and Danny Doyle.

The Chair is advised that the Boyles have recently returned to Pennsylvania after a sojourn in Singapore.

Additionally, we welcome Miss Sally Babeaux, of Shaler Township, who is the guest of the gentleman from Alle- gheny, Mr. Cessar.


bill No. 1417. printer's No. 1839. entitled:

plant and automatically pass along the additional cost of the energy needed to generate electricity.

And I think that we have made it very easy in that our past regulations on fuel-cost-adjustment allowances have Provided an incentive for the power companies to convert from coal to natural gas or fuel oil. And I say this in a manner of experience with several plants whereby the continual use of coal was no particular problem to them. However, they could see in the near future, because of Department of Environmental Resources' re- straints, that they would soon he mandated to put in scrubbers, collectors, and this type of thing.

So it was much easier for thcm to convert at thnt time, passing along the whole increased cost of the fuel rather than using this equipment that was needed to be

An Act amending the "Public Utility Law," approved May 28, 1937 (P. L. 1053, No. 2861, furthe: providing for the automatic adjustment of rates by restrlctlng the costs of the fuel adjustment permitted.

. . read: 1 our resources at a 3-to-1 ra te , and I think we ought to

. . . built as a capital asset only to he recovered as a rate adjustment which they wanted to avert. And so, for that reason, I felt that we ought to the use of coal rather than trv to n~.omot.e t he use nf rnnverrion.

On the question, Will the House agree to the bill on third consideration? Mr. DREIBELBIS requested and obtained unanimous

consent to offer the following amendments, which were

- ~ ~ ~ ~ ~ . . --d ~~

A ~ - ~ ~ ~ - ~ ~ - .~-. ~~~~ -- ~

What the power companies do with three units of fas- sil fuels in a power plant can he done with one unit at home. So that the power plant presently using natural gas and liquefied petroleum products are gobbling uu

- -

the coal to Amend Sec. 1 (Sec. 307), page 3. lines 2 and 3, by

striking out "AFTER SUCH DELIVERY" Amend Sec. 1 (Sec. 307), page 3, line 4, by inserting

after "COMPUTATION.": The urovisions of this section

Amend Sec. 1 (Sec. 307). page 2, line 35, by striking out "FOSSIL" and inserting: coal

Amend Sec. 1 (Sec. 307). Page 2. lines 37 and 38. by striking out "FUEL DELIYERED TO THE UTILITY AT" and inserting: coal, not mclud~ng the cost of dellvermg

authorizing automatic adjustmGnt of rates for electric1

try to slow this down. They are, probahl~, the ane most single factor in creating the energy short supplies that we have today. I would ask support for my amend-

utilities siiall apply only to those electric utilities using coal, and shall not be construed to allow automatic adjustment of rates for those utilities using fossil fuels other

The SPEAKER. The Chair recognizes the gentleman from Schuylkill, Mr. Goodman.

Mr. GOODMAN. Mr. Speaker, will the gentleman agree to a brief interrogation?

The SPEAKER. Will the gentleman from Centre, Mr. Dreibelbis, consent to interrogation?

, Mr. DREIBELBIS. I will. Mr. Sneaker. than coal. The SPEAKER. The gentleman may proceed.

On the question, Mr. GOODMAN. Mr. Speaker, if I read this amend- Will the House agree to the amendments? ment correctly, the gentleman is saying that the fuel-

The SPEAKER. The Chair recognizes the gentleman from Centre, Mr. Dreihelbis.

Mr. DREIBELBIS. Thank you, Mr. Speaker. The purpose of this amendment addresses itself to

adiustment clause can be utilized and passed on for electric utilities using coal, hut his amendment would not allow the passing on of the fuel-adjustment clause for electric utilities using fuels other than coal. Is that correct?

several points in this hill. One, of course, in the ex- lan nation of the amendment addresses itself to the delivery of fossil fuels to the generating plant.

Let me say this about a fuel-cost-adjustment allowance for the utilities: It is only the increase over the past month for which they are allowed to make this adjustment. In other words, I recognize that transportation must be in there; it is a cost of their doing business and must be passed on to the consumer. However, I am concerned that the electric companies could build railroads first, buy trucks, build transmission lines for natural gas or liquid petroleum products, and all of these costs would be plugged into fuel-cost-adjustment allowance if they were greater than they were the previous month and passed on automatically rather than becoming a part of the capital assets of the company.

Now the other part of the amendment deals with the promotion of coal used for the generation of electricity, and it does it in this way: Presently, if a power company cared to convert its plant from coal to natural gas- realizing natural gas is a more expensive way of propel- ling BTU's of energy-then they would convert this

~ r . DREIBELBIS. Well, it would not be allowed to he passed on automatically. It would be allowed to be Passed on as the cost of doing business, as we all undrr- stand that this needs to be passed on, but it would not he allowed to he passed on automatically.

Mr. GOODMAN. In other words, it would not he allowed to he passed on under the fuel-adjustment clause that has been allowed by the Public Utility Commission?

~ r . DREIBELBIS. That is correct, Mr. Speaker.

The SPEAKER. The Chair recognizes the gentleman, Mr. Goodman.

Mr. GOODMAN. Mr. Speaker, coming from Schuyl- kill County, I certainly do not want to take this micro- phone and speak against anything that would promote the use of coal but I think right being right that the gentleman's amendment is really penalizing the electric utility companies and putting them at an extremely unfair advantage. Really, I do not know how the lawyers would define it, but it seems to me that i t cer. tainly would he a restriction of trade whereby an electric utility using one choice of a fossil fuel could pass it on

1975. LEGISLATIVE J O U R N A L c H O U S E 88311

under the fuel-adjustment clause and whereby they may I AMENDMENTS W1T::DRAV:N choose, in their long-term planning, to use another fuel hut could not pass it on through the fucl-adjustment

The SPEAKER. The Chair recognizes the gentleman from Centre. Mr. Dreibelbis.

enarge. The reason why this fuel-adjustment clause was allowed

by the Public Utility Commission was so that the spiral- ling cast which has taken place just in the last couple of years could not he instituted into the rate structure and approved by the Public Utility Commission in a reasonable amount of time. And that is the reason why it was allowed to be passed on, so that tiicy could lrccp up with their costs, and to restrict that to just the use of coal would be an unfair advantage to the electric utility com- panics, and I would oppsse the amendment.

Mr. DREIBELBIS. Mr. Spcaiier, I might say that my s~ncerity in offering this amendment is merely Cor the promotion of the coal industry and the hopeful genera- tinn of electricity by coal, instead of the gnbhljng u!, of products of the natural gas and liquefied petroleum products.

I do have a great deal of respect for the committee that has worked on this problem and, i f I could, I would like to clarify an interrogation from Mr. Goodn~an mhcn he asked me whether my intention of my amendment was to not allow a rate adjustment for gas or fuel oil. What I

Tile SPEAI<ER. The Chair recognizes the gentleman from Westmoreland, Mr. Laudadio.

Mr. LAUDADIO. Mr. Speaker, I hatc to be in opposi- lion to this amendment, but I really think it is a had ameildment, and while we have to address ourselves to the entire prohlem on fuel adjustment to he passed through la!?= this year, hopefully. I would hope that we could defeat this amendment and come to grips with

really meant to have the amendment address itsel1 to was the fact of conversion. In other -~~.rnrds, if a plant was burning coal, it could not use that ronvcriion from coal to natural gas for adjustment allowance. In othcr words, this month's cost over last month's on gas itself should be allowed to he adjusted, hut not to convert from coal on One month to gas on the next month. I would say that maybe the amendment is incorrectly drawn as my in- - -

the whole problem later this year.

The SPEAKER. The Chair recognizes the gentleman from Luzcrne, Mr. O'Cnnnell.

Mr. O'CONNELL. Mr. Speaker, this committee has done a great deal of work on this particular piece of legislation. They have had a number of hearings; they have had all of the interested parties in to discuss the problems with them. This is a critical prohlem, a critical problem in my area, B~~ i t is a fair and solu- tion to the problem that utilities may be having and it also provides for accountability in the fuel adjustment,

tentions were and at this time I withdraw the amendment. The SPEAKER. The Chair understands that the gen-

tleman has the amendment. The Chair thanks the gentleman.

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

The SPEAKER. This hill has been consider22 on three different days and agreed to and is now on final passage.

The question is, the pass

something that has concerned a great many of us. I would hapc that the gentleman may withdraw that

amendment so as not to cloud this issue and so that we can considcr this rather ouicklv. get it over to the Senate

Agreeable to the provision of the Con~titution, the yeas and nays will now he taken,

YEAS-1RII - - and, hopefully, havc it considcred prior to the summer recess. I think that this particular izsuc may cauye this hill to require further study and therefore delay it. I would hope that the gent!pinan might sce fit to withdraw the amendment. If not, I would oppose it. Thank you, Mr. Speaker.

The SPEAKER. The Chair recognizes the gentleman from Rucks, Mr. Wright.

Mr. WRIGHT. Mr. Speaker, as minority chairman of the Mines and Energy Management Committee, I wish to lend my support to Representative Goodman and Repre- sentative O'Connell and ask for the defeat of this amendment.

Johnson. J. Katz RPIIY. A. P. fill". J. B. Xrrnirk JClingnrnan unepoer Kolter Kowalyshyn ICUSSC 1,FMRrCa IA;lurladlo Laughltn

. -. . .. . . .

Gpisler McCue Schenffer ~ " , ~ ~ ~ , ., ,, ,,,,, MrGinnis Schmftt Arthum Glamrnarco McTntyre Sehweder :zEAt Gillesole MeLane Scirica

Glllette Mehus Seltzer .sere- G I P ~ S O ~ M P ~ ~ O P ~ Shane Renh Gleeson Milanovlch Shelhnmer Bemon Goodman Miller. M. E. Shurnan

~/~~~,,,, Cree" i l T E. J Shupnlk

Greenfield Milliron Sirtsnnl Ronctto Grieeo M ~ S C P . I ~ C ~ Srnlth. E. iE:dep r .r in~ hi^^:^^ smit:>. L.

Hllverson Morris Spencer ~ r ~ ~ n n e r rlarniltcn. J . H. Mrkonie Stahl

Hnsay ~ u l l c n Stapleton H ~ s k e l l Mullen. M. P . Stout

capllto H ~ y e s , D. S. Musto sullivan Cessar ITapes, S . E. M Y P ~ Sweeney Clmlnl H~ntord Novak Taddonlo

The SPEAKER. The Chair recognizes the gentleman from Butler, Mr. Arthurs.

P.Ir. ARTHURS. Mr. Speaker, there is only one thing that bothers me, or one of the things that bothers me, is when an electric utility might use both a fossil fuel and coal, I think that it would he justly unfair that they would be able to pass part of this on as an adjusted cost and then they might have to wait to go through the utility commission for another part of their fuel cost. To go through the utility commission could take anywhere from 6 months to a year to do this. I think that it would not he reflecling to the customer a true picture. I urould aik for the defeat of the amendment.

Nnve Taylor O'Rrien T a y o ~ l l VConnell Toll Olnonnell b l l o O'Keefe Turner Ollvrr L'stynoskl Pancoart Vann Parker. IT. S. Vroon Perri Warner Perry Wansaen Petrarea Wargo P i ~ v s k y Weldner Pitts Westerberc Pollte Wllson Prntt Wilt. R. W. Prmi!ergast Wilt. W. W. P ~ l z 5 Wojdnk Ropoaport W ~ r r l l o v ~ Reel Wdght

Cowell

~ ~ ; m ~ ~ ; ~ m d navies

xr$;dit.M. neverter ofcarlo

::2bFo- norr

~ ~ ~ ~ ~ c l b i , ~ r k ~ ~ ~ b e ~ p ~ ~ Tn"eha* 7ewcett Fee

LEGISLATIVE JOURNAL-HOUSE July 1,

Fischer Lcderer Renninger Yahner Fisher Lehr Renulck Yolln Fiaherty Letterman Rhodes Zearfoag Foster, A. Levi Rieger Zeller Foster. W. Lincoln Rornanelli Zord Fryer Lvnch Ross zvdkl ~ ~-~ - Gallagher ivanderino Ruggicro Gallen Manmilirr Hyan Fineman. Garria McCnll Saloom Speakex Geerry McClatehy Salvatore

NAYS-1 Ritter

NOT VOTING-13

Bellominl Kist!er S'ielton Walsh. T. P. DiDonsto McGraw Thomas Whelan Dininnl Richardson Valicenti Whittlesey IIammoek

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


So I am withdrawing my objection to it and I would assume that the amendment would go in.

If I may speak on the amendment, Mr. Speaker, I intend to vote against it, not because I am opposed to the amendment, hut because I personally do not believe in adding more then one project to a bill. Let me give you an illustration as to what could very easily happen. In this particu!ar bill there are only two projects at this timc, but let us assume that before this bill passes finally, either in the House and or the Senate, there would he numerous other projects added, projects that are just as worthy in the opinion of the members. When the hill finally reaches the Governor's desk, it might have 10 or more projects in it, and somewhere alnng the line the Governor would not approve of any one of those projects. It is my understanding that by the constitution he does not have the line-item veto of a bill such as th:s. Therefore, Mr. Speaker, if he did not want to approve any ooc of those projects or group of the projects, he would have no alternative but to veto the bill.

I think that for the protection of members who would

OF PERSONAL P R I V I L E ~ E like to add projects and combine them together in legislation such as this, they may be doing t h c m ~ ~ l v e s a dis-

The SPEAKER. The Chair recognizes the lady from service. Therefore, Mr. Speaker, I am vntina "no" on Delaware, Mrs. Whittlesey. For what purpose doe.; the the amendment. lady rise?

Mrs. WHITTLESEY. I rise to a question of personal privilege.

The SPEAKER. The ladv will state it Mr5. WHITTLESEY. Mr. Speaker, I was locked out

on that vote and I would like to he rrcorded as voting "yes."

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

I The SPEAKER. The Chair recognizes the gentleman I from Lehigh, Mr. Zeller. Mr. ZELLER. Mr. Sneaker. I re-lize that this House

will decide whether or not we give away any armories. Now the Military Affairs Committee at the outset of this session met at Indiantown Gap and, rcaliring that they have to face a tough year as far as t h c budget is concerned-and it was realized with the passage in the H w s e here of some $200,000 cuts in the Military Affairs

CQNS~DERAT~QN OF W ~ ~ J S F , ~ 1 1 , ~ N". 1181) Affairs Committee, General Myers and General Gal-

SAT,OOM AMENDn4FNTS RESUMED lagher, and this is what they would like to do, to take these armor~es and sell them and with the money use

~h~ chair the gentleman from ~ l l ~ g h ~ ~ ~ , Mr. Valicenti.

M,.. VALICENTI. M ~ . speaker, I would like to he re. corded in the affirmative, sir.

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

The Chair recognizes the gentleman from Cumherland, Mr. Kistler.

Mr. KISTLER. Mr. Speaker, I was locked out on the roll call. Could I be voted in the affirmative?

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

Committee, and the Senate. in their wisdom, saw fit to cut even more, some $100,000, and whereas the Military Affairs Committee is hurting very badly-thc Military Affairs Committee has said at Indiantown Gap, realizing the problems that thcy face in tl15 budget, that they would like to take all armories and sell them. With that money, rather than coming hack for appropriations ta maintain armories, they would he self-sufficient, having this money placed in an armory fund for maintenance purposes of the armories.

I realize in the past that they have taken armories and given them to communities for a dollar and so forth. I see nothing wrong with it; that is fine. But I want you to know that this has been the feeline of the Militarv

Senate had added two additional amendments to a House- are going to the armories, let get the money for it, passed hill that had been originally sponsored by the Sneaker himself. The act was signed two weeks after we The SPEAKER. The Chair recognizes the gentleman

POINT OF ORDER WITHDRAWN

The SPEAKER. The Chair recognizes the gentleman from Lebanon, Mr. Seltzer.

Mr. SELTZER. Mr. Speaker, since the bill was passed over, the Reference Bureau has now supplied to me and, I would assume, to Mr. Saloom and anyone else who was interested, an act which this General Assembly did Pass last year, one of the last acts of the session, wherein the

I -

were out of session, which would indicate that it was one from Blair, Mr. Wilt. of the last things passed. Mr. W. W. WILT. Mr. Speaker, I rise to oppose the

them for maintenance purposes, so they vronld not have to come back to the House and ask for zppmpriations to maintain them.

I thought that it was a very reasonable request and for this reason I feel that we should start out on that program. I think that it is good fiscal responsibility and I think that they should be commended for this kind of thought. I think that we should start it somcwhere. In this case. I think that we should vote it down and. if wc

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

. . land, buildings or money?

The SPEAKER. The Chair recognizes the gentleman 1 Mr. SALOOM. Yes. we have. m7e have given the

amendment. It is vcry necessary that House bill No. 1109 be enacted just as early as possible, as presently written. There is an extremely serious prob!em at this facility in Blair County. The department will not insure this acid mine drainage treatment plant because they feel that they soon will be transferred to the city of Altoona. The city of Altoona will not insure it because it does not belong to them.

So we have all this money invested here and rather than take any chance on accepting an amendment that might cause a problem, I would ask that we vote the amendment down. alease?

inally this property was donated to the borough by the Frick family.

Mr. McCUE. Excuse me, Mr. Speaker. I want to rephrase the question. To which community are these military units moving?

Mr. SALOOM. To Connellsville in Fayette County. Mr. McCUE. Has the borough of Mt. Pleasant pur-

chased any new land to transfer to the Commonweallh for the new armory?

Mr. SALOOM. I do not believe so. Mr. McCUE. Has the borough of Mt. Pleasant given

the Commonwealth at this time anything of value, either

I Mr. MCCUE. I thank the gentleman. The SPEAKER. The Chair recognizes the gentleman

from Westmoreland, Mr. Saloom. Mr. SALOOM. Mr. Speaker, in trying to answer those

who oppose this amendment, really I do not see any problem with havinr: the amendment passed. I think lhat the amendment might help their bill in the Senate, and we have about 5 Senators representing parts of Wesl- moreland County and. perhaps if this amendment is in it, those Senators will perhaps hurry the hill through.

Now there is something about the Commonwealth giving propcrty away. The borough of Mt. Pleasant had given this property to the Commonwealth in 1906 and they constructed a sewage line to the property. I think that in lieu of the taxes that the horough had given up in all those years, they more than well paid for this armory in Mt. Pleasant.

Now Mt. Pleasant borough had not forced the armory out. The armory, even though they are under the Na- tional Guard and even though the budget of the National Gnard may he tight, they are building a new building in the neighboring community, which they intend to move from this armory. This armory will be lying idle and could be used for nothing except recreation in our community hecause we do have zoning. The zoning laws permit nothing there with the exception of this particular armory and a residential area next to it. So. since this would be worth nothing to anyone except the community themselves, I would ask everybody to please support my amendment.

Thank you.

Commonwealth the property which the armory now sets on. We have also, drlc to state lams, given up our right to tasation on that property since 1006.

Mr. McCUE. Wel! at the present time, is thcre any agreemcnt either written or verbal for an exchange of land?

Mr. S.b.I.OOM. No, there is not, Mr. Speaker. How- ever in the deed, the Commonwealth, if they should happen to dispose of this piece of property, must make an offer to the borongh and the horough h;ls 30 days in order to pick up its option.

Like I say, this property is good for nothing to anyone except the borouqh themselves. Being that the town is zoned, we will have a vacant, dormant building. which the state will have on its hands, that nobody can use unless they do transfer thifi to the borough.

Mr. McCUE. Well, at the present time there is no current exchange of any consideration from the hor- -.ugh to the Commonwealth? This wolild be m c r ~ l y a conveyance from the Commonwealth to the borough, is that correct?

M,. ~ ~ ~ 0 0 1 1 1 . hi^ is true, MT. speaker. i iot only that, but talking of transferring of anything valuable, making perhaps a recreation center out of it for the &gdren of the commonwealth and the children of the borough to try and keep them off the slreets. WE are passing drug laws here and today perhaps this might be a deterrent to some of the problems that we have with our vouths.

from Armstrong, Mr. McCue. Mr. McCUE. Mr. Speaker, wo11ld Mr. Saloom consent

to interrogation? The SPEAKER. Will the gentleman, Mr. Saloom con-

sent to interrogation? Mr. SALOOM. I shall. The SPEAKER. The gentleman may proceed. Mr. McCUE. Mr. Speaker, is this a National Guard

Armory building? Mr. SALOOM. I t is. Mr. McCUE. What happens to the units which were

using this armory building? Mr. SALOOM. They will be transferred to the neigh-

boring community where a new building is being built. Mr. McCUE. I did not understand the gentleman. Mr. SALOOM. They will be moving to a neighboring

community where a new building is being built. Mr. McCUE. Did the borough of Mt. Pleasant donate

any of this land to the Commonwealth? Mr. SALOOM. They sold the complete property to

the Commonwealth for a one-dollar bill in 1906. Orig-

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

Mr. MILLIRON. Mr. Speaker, I hate to be repeti- tions, but I must repeat what my colleague from Blair County, Representative Wilt stated. Altoona has been operating this plant for 6 months. There is over a $5-million investment, most of which is highly computerized and highly technical, and we have been ad- vked by several people that it is very possible to have a fire or some kind of a mechanical problem thcre which would cause a fire. We have been trying for 5 months now to get the title transferred to the city of Altoona. This is only because of the agreement made under Project 70 funds that we would maintain the plant if the state would build it. If anything happens between now and when the title is transferred, Altoona, the city, does not have the money, and DER will not reappropriate money.

I have nothing against the fact of turning the armory back to the borough of Mt. Pleasant and I would do anything I could to help Mr. Saloom out with that. But


~ -

one thing that I have learned in 5 months down here, is not to take anything for granted. I cannot emphasize enough that we need the title to this treatment plant so it can be insured immediately and I do not want to take any chances whatsoever in the Senate or in the Governor's office as far as losing this hill.

Again, I would ask the members to consider the transfer of the armory at a different date and to vote "no" on the amendment and "yes" on the bill.

POINT OF ORDER

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

Mr. FISHER. I rise to a point of order. The SPEAKER. The gentleman will state it. Mr. FISHER. Mr. Speaker, is the amendment in com-

pliance with rule 32 of the House rules? The SPEAKER. The Chair believes that the amend-

ment is in compliance, since rule 32 is not applicable to hills.

Mr. FISHER. Mr. Speaker, would not the rules be construed as far as amendments? I note that as far as fiscal notes are concerned, when an amendment involves an expenditure, that a fiscal note is also required. Could not a similar interpretation be applied here?

The SPEAKER. It could be so interpreted, but the Chair believes that if it was the intention of the House to make the rule applicable to amendments, it would have so said, as it did in connection with 19-A dealing with fiscal notes on amendments.

Mr. FISHER. Thank you.

The SPEAKER. The Chair recognizes the gentleman from Lehigh, Mr. Zeller.

Mr. ZELLER. Mr. Speaker, in order to clear up a few statements that were made: In regard to the borough, with all respect to the gentleman, if the body feels that they want to give them the armory, that is fine. I am stating that from what I have been informed by those who have been in this business for quite some time, as far as the Military Affairs Committee, that any political subdivision had to find land for these gov- ernmental units and they usually donated the land, and then they build these armories on them, knowing very well that they were going to bring some activity into the community. The merchants received the sales of their products through these people who came there. Also, they talked about the loss of taxes for the plot of land, but they also obtained other things that made it worth- while to have the guard unit in their community. All that, as far as we are concerned, is even-steven.

Now the Military Affairs Committee decided to move this unit to Fayette County to an armory that has already been there in Connellsville for quite some time; i t has been there for quite awhile. It is not a new armory. I thought it had been said that it was a new one, but it is not. It has been there for many years. SO they are merely, under an austerity program, trying to cut out some 20 armories throughout the state that they do not need, trying to get rid of these to cut down in the cost of operating the National Guard.

So with that, General Myers stated that they wanted to sell these old armories they are going to vacate and try to use that money in a special fund to be able to not only maintain the old armories but to build new

ones. This is what their intent is. Whether or not you want to give the armories away, that is up to you. I merely want to remind the body here as to the reason for the Military Affairs Committee making that statement to us at our meeting, and I guess it was April or May out at Indiantown Gap. I believe that is the only thing that I wanted to bring to your attention, with the exception of the cut that we received in the Mili- tary Affairs Committee, and Mr. DeMedio knows that our cut that we received was a terrible cut, in both the House and the Senate, to the point that I talked to them 0" the phone a little while ago and they are in bad straits. So use Your own good wisdom. I am voting against the amendment.

On the question recurring, the a@"'e the amendments?

The Yeas and nays were required by Messrs. SALOOM and SELTZER and were as

YEAS-51

R O I I O , , , ~ ~ ~ ~ i n ~ n m a r e o ~ i n ~ ~ i ~ Shu~nik Re'snn ~ i i i o sn ie Manderino stout, Rinckweil Gleeson MoCue Sullivan B,dieu ~ ~ ~ ~ ~ f i ~ ~ d Miller. M. 6.. Jr. Tnddonio ~~u~~~~ ~ n i ~ ~ ~ ~ ~ n ~ o i r i s ~ i r ~ i o r

gGNntM. Hnsny H ~ Y ~ S , S. E. ~ u i l ~ ~ . O ' K ~ C ~ P M. r .

TOII wnsnrr Diets ~r~~teh inson . A. rctraren wheian

l'V'S Pievsky Wojdak Itkin Prendcrpnst Yahner

.lacher r' K F ~ ~ T , A. P. ~ n ~ , ~ n , , o r t zearfoss Fryer Klinpamsn Reed Galinnher Kowhiysh~n Renwick Fincmnn Garzia I ~ n d ~ o ~ u p n i e r o S~oaker Gwree Laushiin Saioom

NAYS-135

Geisicr Mehua Seltzer A,,,l ,,,,,, J . H . 2iknhorn shrine Arthur6 ~ i eaaon ~ i i l * ~ . M. E. sheihamer

Goodman Miliiron Sheiton Grffn Xiseevich Shumnn

Berlin ~ r i e e o ~ o ~ h ~ m . > n n sirianni

K:2b Grine Mrkonic Smith. E. ~nrniiton. J. H. hluilen Smith. L.

~ r a n d t ~ n m m o c k M I X S ~ O spencer ~ a s k e i i Myers Stnhl ~ n v o s . D. S. Novilk Stapleton

camto nenford N O Y ~ s r ~ e e n e ~ CeSSar H ~ I I O'Brien Tevoun Cimini N o ~ k i n s O'Cnnnell Trelio c,h., Hntchinson. W. O'Donneli mmer "Ole Johnson. J. o i k ~ r u~tynorki coa.eii i<atz Paneonst v*iioenti crawford ~ r i i v . J. R. Parker. H. S. van" Cumberland ~ e r n i e k ~ e r r i vroon navies 1<ist1er Perry wanrnez De,,erter Knerr~er Pitts Warm Dicarlo ~roiter polite weinner Dorr I<usxe Prntt Westerberg noyie lmlerer pyira mittlesey

Lehr i;t,";dErBer Letterman ~ e n n i n ~ e r wiiron R i r r ~ r Wilt. R. W. ..,,,, r*vi ~ i t t c r w i l t . W. W. Fee L Y ~ C ~ ~ o ~ a ~ ~ i i i worrilow

:f;& >.qxnmiiler Ross Wriaht hfeCnll Ryan Yohn

Foster, A. ~ e c ~ n t c h v sn~untort. zeller

EsE2 w. MeCinnis Schenff~r Zord nfcrntpre srhmitt z d k l

~ e e a ~ ~ c ~ a n e sohweder

NOT VOTING-11

Berm LaMares Rhodes Thomnr DiDonnto M C G V ~ ~ ~iehnrdaon walsh. T. P.

Miianovioh Scirica



QUESTION OF PERSONAL PRIVILEGE 1 in the alfirmative, the ouestion was determined in the

he SPEAKER. he Chair recognizes the gentleman from Blair, Mr. Hayes. For what purpose does the gentleman rise?

Mr. S. E. HAYES. I rise to a question of personal

Abraham Anderaon. J. H. A1,thura Barher Lie1iamini Bennett Bercn Berlin

affirmative. ordered, ~ h ~ t the clerk present the same to the Senate

for concurrence,

WELCOME privilege.

The SPEAKER. The gentleman will state it. Mr. S. E. HAYES. Mr. Speaker, my voting device is

locked in the affirmative position. I would like the record to show that I would like to be recorded in the negative on the Saloom amendments.


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

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

Tne question is, shall the bili pass finally?

~ g r e e a b l e to the provision of the Constitution, the yeas and nays will now be taken.

YEAS-196

Cmnberland Davies 1)a"is. D. M. DeMedio

The SPEAKER. The Chair is pleased to welcome Mr. J. Louis Charman to the House.

He is the guest of the gentleman from Allegheny, Mr. Abraham.

BILLS CONSIDERED The SPEAKER. Page 10, House bill No. 1164, printer's

No. 1341. The Chair reconsiders its decision as to this bill having gone over in order.

Agreeable to order, The House proceeded to third consideration oP House


An Act amending the "Anthracite Standards Law," approved May ,31, 1947 (P. L. 368, No. 168), changing and adding defmlt~ans, imposing administrative and enforcement powers on the Department of Environmental Re- sources and its mine inspectors in lieu of the Anthracite Committee and Comn~onwealth agents, including record preservation.

Drverter Diearlo Diet% Dumbrovdd Dorr Doyle 1)reiheIhla Eekensberger Englehart Fawcett Fee Fiseher Fisher Flahertg 1,'nster. A. Foster. W. Fryer Gailazher Gallen <:arzin Gecsey Grisler

DIDonato Dininni

The majorif

George MeGinnis Sehmitt Gk~mmnreo Molntyre Sehwder c i l i e ~ ~ i e ~ c ~ a n e seiriea ciliette hiebus seltzer Glerson Menhorn Shanr ~ i e p r o n Milanovich she~harner Goodman Miller. M. E. shelton Green ~ i l i e r . M. E.. ~ r . shnmrn creenf ie~d ~ i i i i r o n shunnik Grieco Miscevieh Sirianni m i n x ~ o e h i m a n n smith . E. Iialvcrson Alorria Smith. L. ~ n m i l t o n , J. H. hlrkonia s ~ e n e e r Hlrmmook Mullen. M. P. Strhi Haany lfullen stagleton IIaskell Musta Stolit Elaves. D. S. Muera Sxveeneg 1Iaues. S. E. Novnk Taddonio Irenford Noge Trylor Hill O'Brien Taw"" Hoykins O'Connell Toil Hutchinson. A. O'Donneil Trello IIutehinson. W. O'Keele Turnor lrvis Oliver Ustynoski Itkin Panooast Valieenti Johnson. J. Parker, 1%. S. Vann Katz l'rrri Vruon Kelly, A. P. Porry Waener l i e i l ~ . J. B. Petrxron Wansaez Kerniek pievsky wargo Kistier Pitts Weidner Klingaman Polite Westerberg Knemer Prnt t Whelnn Koiter Prendeigast Whittiesey I<owslyshyn Pyles Wilson Kusse RBDUBDO* IVilt. R. W. M X a r o s Reed Wilt, W. W. Iaudadio Renninger Wojdak h u g h l i n Kenwick Worrilow L d e r c r Rhodes Wright Lchr Rieger Yahner Letterman Ritter Yohn I.evi Komnnelli Zenrfoss Lincoln noax Zeller Lynch Ruzziero Zord Msnderino Ryan Zwikl hInnmilier saioom MeCiatehy Salvatore Fineman MeCall Sehrrffcr S ~ e a k e r MoCue

NAYS-4

NOT VOTING-7

MoGraw Sullivan Wnlsh, T. P. Richardson Thomas

:y required by the Constitution having voted


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

The question is, shall thc hill pass finally?


YEAS-194 Abraham Geisler hleCiaiehy Seheaffer Anfierson, J. H. Georee Mecue Sehmitt Arthura Giammarco McGinnis Schireder Barber Gi l les~ie I.la!ntgre Seltser Bellomin1 Giilettc h11eI.ane Shane Bennett Gleiiron Mebus Shelhemer Beren (;leeson Uenhorn Sllrltun Berlin Guoilman hlilanovich Shumnn Berson Green l i l h E Shunnik ~ i t t l e (:reenfield M i l n . E S sirianni Blrekwell Grieeo Miiliron Smith, C. Bonetto Grins lliseevich Smith, L. Bradley Hsllverson Moehlmann Snmcer Brandt Hamilton, J. H. Morris stah1 B r m ~ n e r Hammock Mrkonic Stenleton Burns Hasay Mullen. M. P . stout Butera Iiaskell Musto Sn.eeney Ca~uto linyer, D. S. ?,lyors Sullivan Cessar Ilayes. S. E. Novvk Ta<lilonio Cimini lienford NOYC Taylor Cahen Iiiii <)'Brie" Tayoun Cole Hol~kins O'Connrll Toll Cowell Hutchinson, A. O ' l lann~~l l Trello Crawford IIntehinson. W. O'lceeie Turner Curnberiand i ra i r Oliver Ustynorki nnvis, D. M. Itlcin Panears t vs1ieenti DeMedio Johnson. J. Parker. H. S. van, ~ieve r t e r ~ n t r r e r r i vroon I I ~ C S ~ I O IC~IIY, A. P. Perry wraner DiDonato Kelly. J. B. I'etnrea Wnnsaer met r Kerniek Pievskv \\'arao I>ombrowski Kiatler Pitts Weidner g:ze l i l inaamm Polite Westerberc

I G I E D D ~ ~ P r r t t Whittiescy Droihelbis Iioiter Pren,lersnrt Wilson Eekenrberger Kowniyshyn P y b s Wilt. R. W. Enelehart Kusse Rannnisori Wilt, W. W. Faweett Lahlaros Reed Wojdak Fee Levdsldio Renninger Worrilow Fiseher L a u ~ h l i n Renwiek Wricht Fisher Lerlerer Rhudes Yahner F l a h e r b Lehr R l a ~ e r Yohn Foster. A. water, w, k t t e m a n

Kitter Zearfoss Levi Romanelii Zeller


bill No. 127G, printer's No. 1468, entitled: Gaiien McCail s ~ l o o m Zwikl Garzia McCiatchs Salvatore

Fryer Lincoln Ross Zord Callaxher Lynch iluagieru Zwikl Gallen iil~tnclertno Ryan Cnrsia Mnnmilter Salnorn Fineman Ceesey McCnll ~~1v; r tore Sneaker

NAYS-2

Blullcn \Vhtiun

NOT VOTING-7

D.?vies McCra.i sciriea TYalrh. T. P. Dlninni Rieh:,rdson Thomas




Geesey An Act amending the "State Horse Racing Law," ?p- Geisier McCue Selleaffrr Fineman. proved December 11, 1967 (P. L. 707, No. 331), changlng George McGinnis Sehmitt Speakcr terms and furthcr nrovidine for the location of horse race

McIntyre Schweder

Cohen Hutchinson. A. O'Conneil Tayoun Cole Hutchinson, W. O'Donneii Toll Coweil Irvis O'Keefo Trello Crawford Itkin Oliver Turner Cumberland Johnson. J. Pallcoast Ustynoski Davies Katz Parker, H. S. Vallcenti Davis. D. M. ~ r i l y . A. P. Ferri Vann DcMedio Kelly. J. B. Perry Vroon Deverter Kernick Petrama Wagner Dicarlo Kistler Pievsky Wansacz DiDonato Klingaman Pitts Wargo Dietz Knepper Polite Weidner Dombrowskl Koiter Pra t t Westerberg Dorr Kowaiyshyn Prendergast Wheian Doyle Kusse Pyles Whittlesey

LaMarca ~ ~ ~ ~ ~ , " ~ g e r v?ilson Raypaport Reed Wilt. R. W. ~ a w e e t t Laughiin Renninger Wilt. W. W. ~ e c Lederer Rcnwiek wojaak Fixher Lehr Rhodcs Worrilow ~ i ~ h ~ ~ Letterman Riescr wrigilt Fiaherty Levi Ritter Yahner Foster. A. Lincoln Romanrlli Yohn Foster. W. Lynch Ross ZcarIoss Fryer Manderino Ruggiero Zeller Gallagher Manmiller Rvan zord

meetings, liccnse renewal, ekployment of public &mployei. I NAYS-I

On the question, Hamilton. J. H.

Will the House agrce to the bill on third consideration? NOT VOTING-9

BILL RECOMMITTED Anderson. J. H. Englehart I\lcGraw Thomas Beliominl Hammock Richardson Waish, T. P .

Mr. MANDERINO moved that House bill No. 1276 be Dinin"'

recommitted to the Committee on Rules

On the question, Will the I-louse agree to the motion? Motion was agreed to.

hereeablc to order

The majority required by the Constitution having voted in the affirmative, the question was dctcrmined in the affirmative.


- The House proceeded to third consideration of House Agreeable to or,

bill No. 1468, printer's No. 1722, entitled: . ... The -. House - .-A proc . lei-, ceded to third consideration of House

A11,,Act amending the "Fruit and Vegetable Grading Law, approved March 28, 192'3 (P. L. 86, No. 97), excluding grapcs from the provisions of the act; redefining "clos~d package;" and limiting the right of agents of the departmcnt to enter upon certain premises.

Dl11 Nu. l q r s , printer's No. 1727, entitled:

An Act amending "Tile Fourth to Eighth Class County Assessment Law," approved May 21, 1943 (P. L. 571, NO. 254). further providing for the levying of tares followlng a county-wide reassessment of real property.

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

Agreeable to the provision of the Constitution, the yeas Agreeable to the provision of the Constitution, the yeas and nays will now be taken. and nays will now be taken.

On the question, Will the House agree to the blll on third cunsideration? Bill was agreed to.

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


Abraham Artburs Barber Bennett Beren Berlin Berson Rittle Blackwell Bonetto Bradley Brandt Brunner Burns Butcra caputa Cesrar Ciminl



Giammarco Gillcspie Gillette Gleanon Gleeson Goodman G I . c c ~ Greenfield Crieeo Gring Halverson 11asay Iraslrcll IIayei, D. S. Elayes. S. E. Heaiord Hill Hopkins

McLane Sciriea Mcbus Seltzer Menhorn Shane Milanavieh Shelhamer Miller. M. E. Shelton Miller. M. E., Jr. Shuman Williron Shupnik Miseevich Sirianni Moehlmann Smith, E. Morris Smith, L. Mrkonic Spencer Mullrn 3tahl Mullen, M. P. Stapleton Musto Stout Myers Sullivan Novak Sweeney Noye Taddonlo O'Brien Taylor

Abraham Geeseg Anderson. J. H. Geisler .Arthum Ccorze Barber Ginmmnreo Bellomini Cilles~ie R~nnett Gillette Beien Glenson Berlin Gleeson Reraon Goodman Bittle Green Rlrek,vell Greenfield Bonetto Grieeo Bradley Grinz nrandt lInlvcrson Brunner Iinsav Burns Rnskrll Butera Hayes. D. S. Crnuto Hnyen. S. E.

nlcCinnis Scirien Meinlyre Saltzer MeI.ilne Shane hlcbus Shelhalner Menhorn Sheiton nlilnnovich Shumtn Miller, M. E. shunnik M i l l M E J . sirinnni hlilli~.on Smith. E. hiiservich Smith. L. hloehlmmn Sumcer Morris Stnhl iitrkonie Sta~leton :.lullen sto1,t Mullm. M. P. Sulli~.nn Musto Swrrney hlyrrs Tn<l<lonio Novak Taylor


cessar cimini Cohcn Cole

11everter Diearlo I)iuonnto riietz Uanlbrowski nor= liay1e Dreibelbis Eckenrbsrger Enqlehnrt inaweett Pee

17oater. A. poster. W.

Hrlif0rd Hill

Joh"s0n.J. Kelly, A. P. Keliv, .I. B. Krrnlek I<irtler Klin.:nman Knclliler Koltrr I<orualyahyn I(uss0 l.uMiiren La,iiiadio Lnu~.hl in Lederer l c h r Ifitterman I.rvi Lincoln Lynch Men.ierina

No ye Tayoun O'Brien Toll O'Conuell Trello o'l)unnell Turner O'Keefe Ustynnski Oliver Yaiicenti Pancoast Van" Parker. H. S. vroon l'erry \vsgncr pctrarea Wansac= Fievsky \Va.rgo Pitts \Veidnrr Polite \veaterberz rrrtt Whelrn Prcndergast Whittlesey I'yles wi i ron R a ~ ~ u ~ o r t Wilt. R. W. Herd Wilt, W. W. Renningcr Wojdak Kmwiek lVorrilow Rhodes Wrizht Ricpcr Y ~ h n e r Rilter Yohn Ramanelii Z e ~ r f o i s Ross Zrlier llunsioro Zoril Rvan Zwikl

I'ryer Mvnmillcr S;ilo"m Gallacher McCnll Sehexffei FincmRn Gnllen TvIiicClatchy Schmitt S~enkc l Carzia MeCue Sehweder

Echcnrber~er Englehnrt Fawcett i'ce Fi\eber Fisher r'laherty Foxter. A. Poster, W. Fryer Gallagher <:,,i1en Card* Geese= Geisler

1rvis O'Keefe ltki" Oliver Johnson. J. 1 ~ ~ n c ~ ~ : ~ s C 1eatz I'arker, 11. s. ~cciiv. A. P. r e r r i K * i l ~ , J. B. Perry l<c,nick Pctrrroa 1':ir:lrr ?ievshy 1<1in*;lman l'ittc I<ar,,per poiitu Koitrr P rv t t Ko\rnlylhy,, I'rendcrgnst Kusae FYI'% LaMvrea Rinua~ort Laudadlo Reed Lnuehlin Rcnwick rfiierer Riiodes I s h r Rleyrr Lrtterlnan Ritter Lcvi Romanelli Lillcoln nor3 I.yneh Rucelem blenderino aysn Mvlrmiiier Srloom bicCall Salvatore McClntchg Srhexffer bleCue Schrnitt MeGinnia Sehxreder

Hamilton, J. H. I i i ~ t r r e r r i Salvatore

NOT VOTING-6

N A Y S 4

Dininni MeGraw Tilornna Walrh, T. P. Hammock Xichnrdson

The majority required hv the Constitution having voted

1 ---- NOT VOTING-9

- in !he afhrmative, the question was determined in the affirmative.

Ordered, That the clerk present the same to the Senate

Turner U~tynoslri vallccnti Van" vruon

Wars,, Wehlnrr \ I ' ea t r rber~ Whelm whit tie re^ \""~il~"" Wilt, n. w. wil t . W. m Wujdak li'orvilnw \Vriyht Yahnrr Yolin Zearfoas Zrller zord Zwikl

Beliomini Hill R e n n i n g ~ r Thomas llininni McGram Richardson ~ n l s h , T. P IInmmoek

The majority required by the Constitution having voted in the affirmative, the question was determined in the ..ffirm~+i..n




for concurrence. 1

An Act amending the "Township State Highway Law," approved June 22, 1931 (P. L. 504, No. 203), deleting a highway in Luzerne County.

On the question, Will the Housc agree to the hill on third consideration? Bill was agreed to.

QUESTION OF PERSONAI, PRIVILEGE



Agreeable to the provision of the Constitution, the yeas and navs will now he taken.

Abraham Georpe Me1ntyre Sciriea An<lerson. J. H. Ginmmvreo hfeI.ane Seltzer Arthura Gi l les~ie Mebur Shnne Barber Cillette M ~ n h o r n Shelhrmer Dennett Clcaron I l l M. E Shrlton Beren Cleeron Millcr. M. E.. Jr. Shumnn Beilin Goorlman Miianovich S h u ~ n i k Rcrson Green Miliiron Siriannl

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

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

The SPEAKER. The gentleman will state it. Mr. RENNINGER. The machine is broken and I mould

like to he recorded in the affirmative on House bill Nn. 1493.

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

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

bill No. 1494, printer's No. 17G3, entitled:

An Act amending the "County and Municipal State Highway Law," approved September 18, 1961 (P. L. 1389, No. 6151, deleting a highway in Luzerne County.


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


Agreeable to the provisinn of the Constitution, the yens and nays will now he taken.

Abraham Geis ler MeCinnis Schmi t t Anderson. J. A. George McIntyre Schwcde r Arthum Giarnrnareo McLane Scir ica


Barber Beilomini Liennett Beren Bcriin

Bradley Brandt Brunner Burn$ Butera Caputo Cessar Cimini Cohrn Coie Cowell Crawfard Cumberland Davies Davis. D.M. DeMedio

Eekensberger Englehart Faweett Fee Fischer Fisher ~ l a h e k y F o B ~ ~ I - , A. Foster. W. Fryer Gallagher Girrzia Gcesry

Gleason Gleeson Goodman Green Greenfield Grieco Gring Haiverson FIzim~ltan. J. R. iiiisay 1Iliskell Hayes. D. S. Hayes, S. E. IIcpford Hill Hopkins Hutchinson. W. 1rvis Itkln .Johnson. J. Katz Kelly, A. P. Kelly, J. B. Kernick Klsticr Klingnman KnE1)per Kulte* II~)\viliyshyn KUssr J,nMnrea L~ud i~ t i i o Laughlin Lederer Lehr I.ettet'man Lcvi Lincoln iLynch li1:indcrino Manmiller McCvll McClatchy McCue

Mebus Menhorn Milanovieh Mlller, M. E. Miller. M. E.. Jr. Milliron Miscevich lLloelllmann Morris Mrkonic

Must0 Myers No.rak Noye O'Bricn O'Connell U'Donnell O'Keeie Oliver Pancoast Parircr. 11. S. Perri Perry Petrarca P i ev~ky P l t t ~ Polite Pratt Prenliergast PY~CS Rappaport Heed n-nnlnger Renwick Rtlodes Rleger Ritter aomanelli Ross Ruggiero Ryan Saloom Salvatore Seheaffer

Gillette Milanovich Girason Miller. h1. E. Gleeson Mlilcr, M. E., Jr, Goodman Milhron Green hllscevic'l Greenfield ~loclilmnnn

Shane Shelhamer Shelton Shuman Shupnik Slrlanni Smith. E. Smith, L. Spencer Stvhl Stripicton stout Suliivan Sweeney Taddonio Taylor Tayoun Toll Treilo Turner Ustynoski Vsiicenti Vann Vroon Wagner Wansacz Ware0 Wetdner Westerberg Whelan Whittlesey Wilson Wilt, R. W. Wilt. W. W. Wojdak Worrilow Wright Yahner Yohn Zearfoss Zeiler Zord Zwikl

Finernan. Speaker

Grieco Morris Gring Mrkonle lialverson Mluiicn Hamilton. J . R. Muiien. M. P Baskell h l u ~ t o Hayes. D. S. Myers Iiayes. S. E. Nor*ir H e ~ f o r d Noyr

BeilominJ Bennett Brren Berlin Uerson Bittle Blackwell ilonctto Bradley Brbndt Hrunner Liurns Butera Caputo Cessar Ccminl Cohen Coie Cowell Crawford Cumberland Dames Dnvis. D. M. ileMedlo r)cvelter Dicarlo Dinonato Dnmbrowskl Dorr Doyle Dreibelbis Eckcnsberger Enrrlehart Faweett Fee Fixher Fisher Fiaherty Foster. A. Fosteh W. Fryer Gallegllrr Gallen Garzia Geesry Getsler

~ i i l O'drien IIopkins O'Dunnri! Hutchinson. A. O'Keefe Hutchiwon, W. Oliver Irvis Piincoast Itkin PaiKer. H. S. Johnson, J. Prrri Katz Perry Kelly, A. P. I'atrdrca Kelly, J. B. Plevsky Kernick Pilts Klstier Polite Klmgarnan Pratt Knepper Prci>dt,rzast Koltrr Pyles Kowaiy-hyn Rappaport KUSSC Heed LaMarc. Renninger l.audadio Henwick Laughlin Rhodcs Lederer Rlcgcr Lchr Rittrr Letterman Romanelli Levi H055 Lincoin Ruggicro Lynch Ryan Manderino Saloorn Manmiller Salvatore McCall S c h e d e r McClatehy Scllmitt MuGinnis S C I I W L . ~ C I ~ McIntyre

Sncihamcr Shelton Shumsn Shupnlk s*nann, Smith. E. Srnltil. L. spencer Stahl Stapleton stout Suiilvan bweeney Taddonto Taylor Tayoun Toll Trello Turner Ustynoski Vallecnti VBnn

..". Weldner Westerberg Whelan Wbittlcsey Wilson Wilt. R. W. Wilt. W. W. Wojdak Worrilow Wright Yahncr Yohn Zeadoss Zeller Zord Z ~ i k l

Fmeman, Speaker

Gallen Seltzer 1 Hasay McClie O'Connell

NOT VOTING-7

Dlnlnnl Hutchinson. A. Richardson Walsh. T. P. liammock McGraw Thomas

NOT VOTING-8

Anderson. J. 8. Dininni MeGraw Thomas Dletz Ilarnmnck Richar~ison Wakii. T. F.



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


An Act amending the act of October 17, 1969 (P. L. 259, No. 1051, entitled "An act relating to the Philadelphia Municipal Court," in,crcnsing the jurisdiction of the municipal court of Phlladeiphla.

The majority required by 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 without amendment.



4, amending the act of June z2, 1931 (P, L, 594, No, 203), entitled state ~ i ~ h ~ ~ ~ L ~ ~ , , , delet- ine Route 11112 in Cambria Countv.

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

Agreeable to the provision of the Constitution, the yeas Agreeable to the provision of the constitution, the yeas and nays will now be taken. and navs will now be taken.

- On the question, will the H~~~~ agree to the bill on third Bill was agreed to.

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




YEAS-192

Abraham George AlcLane Sciriea Arthur8 Giamrnarco Mebus Seltzer

YEAS-197

Abraham Geisler McGinnis Sehweder Barber Gille~ple Mrnhorn Shanr Andemon. J. H. George ,McIntyre Sciriea


An Act amending the act of May 2, 1947 (P. L. 136, No. 56). entitled "An act relating to Federal aid to political subdivision or municipality authority for the development of public airports," authorizing the Department of Trans- portation to approve projects and the disbursement ul Federal funds with certain exceptions.

Arthun Giarnmareo ilcT.ane Seltzer nnrber iiillcspie lilcbus Siisnc Hellomlnl I:.llette Menhorn S,~elhamrr Bennett Gleeson Milanouich Slirlton Drren Siecson Miller, iLI. E. Shuman Brrlln Goodman ~ i i l e r , M. E.. .lr. Shupnik Berson Grcen lirilliron Sirianni Rittle lrernfir ld Xisccuich Smith. E. nlackwell Grieco ~oe i i lmann Smith, L. 'lonetto rrring M O ~ ~ I S spencer liradley H;ilverson Mrkonic Stahl Rrandt Thmilton. J . R. liIullen Stapleton Icronner licsay Mullen. M. P. Stout I3urns C'~skel1 Mo+to Sliiiivan Hutera iayes. D. S. >,l?e:s Sm't~ney raputo Hayes, s. E. liovvk Taddonlo Cessar Hcaford Noye Taylor Ciminl Hill O'Bri<-n Tayolsn Cohen Hopktns ~'ConnclL Toll Cole liutehinson, A. O'Donnell Trello Cowell Nutchinson, W, O'Krefe Turner Crawford Trvis O'iver 1 :s~snoski Cumberland itkin Pancoast Vaiieenti Davies Jolinson. J. Parker. H. S. Venn Davis, D. M. Katz Perri Vroon IIeMedlo Kelly. A. P. Perry Wagner Dcverter F[clly, J. B. Pctrarcv Wansac]. Dicarlo Kernick Pir.i.sky Wargo 3iDoneto Kistler Pitts Weldnez Dietz Xlingaman P<,Iitc Wcsterbcip: :~ombrowsld Knemer Prstt 'Nhelan D ~ r r ICoIter i'rr'ndergast Whittiesr'y Doyle I(owalyshyn Ppies Wilson !~Ireibelbb .-" K U S S ~ Ra~papor t Wilt. R. W. --liensberger i.;ii\zarea Reed Wilt, W. W.

l'nglehart I~audadio Rinnineer Wojdak F w c e t t I.aughlin Rt'nwick %vorriIoir ,>, Fee Lederer ... 7o i l c~ C\'ri#ht Pischer Lehr Hirger Yahner Fisher Letterman Ritter Yohn Flaherty Levi llomanelli Zearfass Foster, A. Lincoln ROSS Zrller Foster. w. Lynch Ruggiero Zorii Fryer %landellno Ryan Zwikl Collagher Fulanmillw Saloom Gallen ?"recall Sdlvatore Fincman. Garzia McClatchy Sc:~eilrTer Speaker Geesey ?lrCue :;chmitt

NAYS-0

NOT VO'PTNG-6

Dininni 2.rcGraw Thomas Walsh. T. P . Hammock Hichald~on

The majority required by the Constitotion 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.



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

YEAS-192

Abraham ,.nrrpp - >leGlnnis Schmeder X7cLanc Seirira Anderson. J. A. Gz.!alcr

Authum Grorge Mebus Seltzer Rarber Gl~mrnarco M~nhorn Shane nrllorninl Gillcspic lililanovieh shelhamer Bennett Gkllette ~ i l l e r . M. E. Shelton neren (:lenson M ~ I I E J Shuman Beritn (:leeson ~ i i l i r o n Shupnik RPPSO~ Goodman :.liccrvich Siriannl Rittle Green ~rochlmann Smith, E. Blackwell Greenfield M o r r i s Smith. L. 1:onetto Griero I'rkonie Spenrer Bradley Cring IIIuilen. M.P. Stahl Brandt FTelvenon Mullen stapleton Dwnner rlnmiiton. J. H. ust to Stout RII- H:,say ITvers sweeney ,i>>tera naskell Nornk Taddonio Caputo H t y e ~ . D. S. Xoye Taylor Cessar FI~yes. S. E. OlRri*!> Tayoun Cimlni IInpford n'connrll Toll Cohen Rill O'Donnell Trello Cole Rnpkins CJ'Kcefe Turner Cowell l?:itehlnsnn. A. Ol'ver IJstynoski Crawford lIurehinso~, W. Panroast Valicenti ;:ilrnbedand Irvis Parker, H. S . Vann nsries Itkin Fern. vroon :>.:vis. D. M. johnson, j . Pctrarca Waser '>eNedio Kelly. A. P. Piex'sk~ wansaez Deverter yelly, J . B. Pitts Wargo Diearlo Xemick Polite We idn~r 1)iDanato Kistler Pratt westerberg Dietz Xling?man Prcndergast Whelnn '3ombrowLI ~ n c p p e r Pilcs Whittlescy Dorr Kolter Happaport wilson Doyle Iiowalyshpn Reed Wilt, R. W. 'Ir~ibelbl. Kurse Rennineai. Wilt. W. W. lckrnsberger 1 . a ~ a r e a Ri.nwiclr Wojdak >:nglehart 1,nudadio i ? ~ ; ~ d ~ ~ Worrilow Fawcett T.aughlin R~eger Wright Fee Jhderer Ritter Yahner Fischer i.ehr Romanelli Yohn Fisher 1.evi Ross Zealtoss Flrherty T.!ncoln Ruggiero Zeller Faster. A. I.gneh R y n Zord Foster. W. Mnnderina S~ loom Zwikl Fryer Manmiller szivatore Callagher %IcCall Schemer Fineman. Callen MrClatchy Srhmltt Speaker I Isn ia Mecue

NAYS-2

Katz Pelri

NOT VOTING-I)

Dlninnl r n c ~ r a w Richardson Thomas ~,,~, .k nclntyrc suuivnn watsh. T. P. Letterman

The majority required by the Constitution having voted in thc the question was determined in the affirmative.

Ordered, That the clerk return the same to the Senate with information that the House has passed t!le same

amendment,

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


Agreeable to the provision of the Constitution, the yens and nays will now he taken.

HOUSE RII.I, No. 527 AND AMENDMENTS TAKEN FROM TABLE

The SPEAKER. The Chair returns to p n v 4 and recognizes the gentleman from Luzerne, Mr. 0'::onnell.

Mr. O'CONNELL. Mr. Speaker, I movc that Ilousc bill No. 527, printer's No. 581, be taken from the tab!e along with the amendments.


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

conrideration?

1840 LEGISLATIVE JOURNAL-HOUSE July 1,


consideration? Bill as amended was agreed to

The SPEAKER. The Chair recognizes the gentleman from Luzerne, Mr. O'Conncll.

Mr. O'CONNELL. Mr. Speaker, the amendment has been redrafted. It is the third draft, and it speaks to the problem that the majority leader and others have raised. It is a little more specific and it now demands and refers to an application for transfer of a license, and I think it meets some of the objections that were raiscd here this morning and I would ask an affirmative vote.


The yeas and nays were required by Messrs. O'CON- SELL and SIIELHAMER and were as follows:

YEAS-LBO

Abraham George McClatchy Saloom Anderson. J. H. GiammarCO McCue Salvatore Arthum Gillespie MrGinnis Fheaffer Rellomlnl Gillette McIntyre Sehmitt Bennett Glea~on Mclane Schwrder Reren Gleeson Mebus Seiriea Berlin Goodman Menhorn Shane Rittle Green Mllanovleh Shelton Illackwell Greenfield Miller, M. E Shuman Ronetto Grleco Milliron Shupnlk Eladley Gring nliseevieh Sirianni Brandt Halverson Mor"s Smith. L. R rmner Hamilton, J. H. Mrkonic Spencer B u m Hasay Mullcn Stapleton Butera Haskell Mullm. M. P. Stout Cawto Hayes. D. S. Musto Sweeney Cessar Hayes, S. E. Myers Taddonlo Cimmi Hepford Novak Taylor Cohen Hill Noye Tall Cole Hopkins O'Rrien Trello CoweU Hutehllls~n, A. O'Connell Turner



Agreeable to the provision of the Constitution. the yeas and nays will now be taken.

YEAS-165

Glamrnsrco McLane Scheaffer 4rthu1.8 Giiles~le Mebus Schmitt Darbrl ~ i l l e t t e Menhorn Schweder ~ellumlll t Gleeson Mllanovleh S d ~ l e a enn nett Goodman MIII~L M. E. Shane iieren Green Miller. M. E., Jr. Shelharner Berlln Greenfield Mflliron Shelton 31aekwell Giieeo Mlsecvich Shuman nonetto Gdng wnnls Shupnlk Bradley Iialvenon Mrkon l~ Spencer Drandt Hnmiltan. J. H. Mullen Stapleton iirunner riasay Mullen. M. P. Stout m u m ilsskell Must0 Sulllvan '7iltcra ,Inyes. D. S. M v r n Sweeney Cersar ITedord Novak Taddonlo Cimfnl Hopkins Noye Taylor Cohen FIutchinson, A. O'Rrlen Tayoun Cole Trvb O'Connell Toll Cowell Itkin O'Dnnncil Trello Cumherland Johnson. J. O'Keefe Turner navies Katz Oliver Ustynoski Davis. D.M. Kelly. A. P. Pancoast Valieentl neMedlo Kelly. J. B. Perrf Vann Dicsrlo Rernick P e m Wansacz DiDonato Klingaman Petrarea Wargo Dombrowskl Kolter Pievsky Weidnm Drelbelbls Kowalyshyn Polite Whelan Wckensbergel. Kusre Pratt Whitt le~ey Rnglehart 1,aMarcd Pvles Wilson Fawcett Laudadio Rappaport Wilt. R. W. Fee Laughltn Reed Wflt. W. W. Flscher Lederer Renninger Wojdak Flsher Lev1 Renwlck Worrilow Flaherty Lincolll Rhodes Wright


Foster. W, Lynch Rieger Yahner Fryer Manderino Ritter Zearfoss Gallagher Manmiller Romanelli Zeller Gallen McCsll Ross Zwikl

The Chair recognizes the gentleman from Lpcoming, Mr. Cimini. For what purpose does the gentleman rise?

, Mr. CIMINI. Mr. Speaker, on House bill No. 924, print- Garma McCiatchy Ruggtero er's No. i057, I would like to vote "yes" on that particu- Geesey MeCve Ryan Fineman. Geisler MeG~nnts Saloom speaku lar bill. George XcIntyre Salvatore The SPEAKER. The gentleman's remarks will be noted

Anderson. J. H. Gleason Letternman Smith. E. Bittle Hayes, S. E. Maehlmann Smith. L. Caputo Rill Parker. H. S . StaN Crawford Hutchinson. W. Pitts Vroon Dietz Kistler Prendergast Westerberg Dorr Knepper Seltzer Yohn Doyle Lehr Sirianni Zord Foster, A.

NOT VOTING-Y

Berson Hammock Richardson Wagner Deverter nlccraw Thomas Walsh, T. P. D i n h i



QUESTIONS OF PERSONAL BRIVI1,EGE The SPEAKER. The Chair recornizes the gentleman

from Lehigh. Mr Zeller. For what nurnose does the . . qentleman rise?

Mr ZELLER I rise to a ailestinn of nersonal ~ r ~ v i l e e e . - The SPEAKER. The gentleman will state it. Mr. ZELLER. Unfortunately, I was locked out during

conversation on the amendment. I would like to be voted

for the record.

The Chair recognizes the gentleman from Philadelphia, Mr. Perry. For what purpose does the gentleman rise?

Mr. PERRY. On Ilouse bill No. 1104 I was recorded "nay." I would like to be recorded in the affirmative.


Tile Chair recognizes the gentleman from Washington, Mr. Fischer. For what purpose does the gentleman rise?

Mr. FISCHER. Mr. Speaker, on House bill No. 924, ]>:inter's No. 1057, I would like to be recorded in the affirmative.


Are there any further cor~'ections to the records?

BILLS ON SECOND CONSIDERATION Agreeable to order, The House proceeded to sacond consideration of House


An Act making appropriations to the Department of Nealth for the establishment of a comprehensive program relating to and the diagnosis and treatment of persons with Tay-Sachs disease at the Jefierson Medical College and Hospital, Philadelphia, Pennsylvania.

the record. And said bill having been considered the second time

The Chair recognizes the gentleman from Bradford, Mr. and agreed to, Turner. For what ~ u r ~ o s e does the ~ e n t l e m a n rise? Ordered. to be transcribed for third consideration.

in the affirmative. The SPEAKER. The gentleman's remarks will be noted

for the record.

The Chair recognizes the lady from Chester, Mrs. Craw- ford. For what purpose does the lady rise?

Mrs. CRAWFORD. Mr. Speaker, I voted "yes" on the amendment to House bill No. 527 but I would like t o be recorded in the negative.

The SPEAKER. The lady's remarks will he noted for

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

Ordered, to be transcribed for third consideration.

Agreeable t o order, The IIouse proceeded to second consideration of House


An Act prohibiting elected officials of political subdivisions frum holding office when elected to the General As- sembly,

noted for the record. I An Act authorizing certain workers to engage in their

Mr. TURNER. Mr. -speaker, on House bill No. 924, printer's No. 1057, I was recorded in the affirmative. I would like to be recorded in the negative.

~h~ SPEAKER. ~h~ eentleman2s remarks will be

business in any municipality in a county of-the third, The Chair recognizes the gentleman from Mifflin, Mr. fourth, fifth. sixth, seventh or eighth class under certain

DeVerter. For what DurDose does the nentleman rise? circumstances if they are licensed by one of the munici-

to Orders

The House proceeded to second consideration of House bill No. 537, printer's No. 591, entitled:

Mr. DeVERTER. M;. speaker, on HoLse bill No. 527, printer's No. 581, my switch was inoperative and I would like to be recorded in the affirmative please.

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

palities located within the county.

~~d said bill having heen considered the second time ;:nd agreed to,

Ordered, to be transcnbed for third consideration.

The Chair recognizes the gentleman from Lycoming, Mr. Grieco. For what purpose does the gentlcman rise?

Mr. GRIECO. Mr. Speaker, on House bill No. 924, printer's No. 1057, I was out of my seat. I like to vote "yes."


Agreeable to order, House procef,led to second consideration of H~~~~

bill No, 568, printer.s No. 627, entitled:

An Act making an appropriation to the Department of Health for the establishment of a comprehensive program relating to the diagnosis and treatment of persons having ~ ~ ~ l ~ ~ ' ~ anemia at the Children's Hospital in Philadelphia, Pennsylvania, and Central Blood Bank of Allegheny Coun-

LEGISLATIVE JOURNAL-HOUSE July 1,

ty, Pennsylvania, and the University of Pittsburgh School of Medicine, Pittsburgh, Pennsylvania.

And said hill having been considered the second time

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

bill NO. 1075, printer's No. 1233, entitled:

iind agreed to, Ordered, to be transcribed For third consideration.

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


An Act defining, authorizing and regulating the con- ducting of the game of "bingo" and fixing penalties.

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

An Act amending the "Liquor Code," approved April 12, 1951 (P. L. YO, No. 21), authorizing distilleries to sell liquor produced on hcensed premises.



HOUSE BILL No. 108.5 PASSED OVER The SPEAKER. The Chair recognizes the majority -

Ordered, t o be transcribed for third consideration.


bill No. G94, printer's No. 785, entitled:

iln ~~t amending the "public welfare code," approved ~ u n e 13, 1967 (P. L. 31, No. 21), further providing for the right to inspect facilities.

And said bill having been considered the second time

An Act amending the "Pennsylvania Election Code," approved June 3, 1937 (P. L. 1333, No. 320), requiring a receipt upon the filing of expense accounts.

leader. Mr. IRVIS. 1 beg your pardon, I did not get to you

quickly enough on that. Mr. Polite has asked that we not move House bill No. 1085.

The SPEAKER. The Chair thanks the gentleman. The Chair reconsiders his decision as to this bill hav-

ing been called up and to the House having agreed to the bill, and the hill will go over in order. The bill is not

up. and agreed to,

Ordered, to he transcribed for third consideration.



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




Act making it to have pay toilet facilities under certain circumstances and ~rescr ibine oenalties.



An Act defining emergency medical technic~an, autbor- rzing such personnel to render emergency care, exempting such personnel and physicians working in conjunction with them from civil liability when rendering such care and making repeals.

And said bill ll:%vini: been considered the second time and agreed to,


- &



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


An Act amending the act of April 1, 1909 (P. L. 95, No. 56), entitled "An act providing for payment of pension to either the widow, minor children or dependent parent of any soldier of the National Guard of Pennsylvania or Naval Force of Pennsylvania who may die from injuries received or who mav he killed or who twn "ear- nrinr tn

~ ~-~ . ~ - " - -. - - - - -. . - the passage of th i sac t m a y ~ h a v e been killed in line of duty in active service under orders of the Governor* * *," providing for the payment of the pension by the Adjutant General and directing the appropriation to the Depart- ment of Military Affairs.


Agreeable to order, The H~~~~ proceeded to second consideration of House


and agreed to, Ordered, to be transcribed for third consideration.

Aereeable to order. An Act making an appropriation to the Department of

Public Welfare for the publicizing of the "Operation Peace of Mind" program.

And said bill h:iving been considered the second time and agreed to,


and agreed to, An Act amending Title 40 (Insurance) of the Pennsyl- Ordered, to be transcribed for third consideration. 1 vania Consolidated Statutes, adding provisions relating to

-- - . . - . -. . . -----, The House proceeded to second consideration of Mouse


An Act authorizing the Department of Property and Supplies, with the approval of the Department of Agri- culture and the Governor, to convey to the City of Har- risburg two tracts of land situate in the City of Harris- bure. Dauohin Countv. Pennsvlvania.



An Act amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes relating to false alarms to agencies of public safety.


-. . . And said bill having been considered the second time

and agreed to. Ordered, to he transcribed for third consideration.



LEGISLATIVE JOURNAL-HOUSE 1843

Agreeable to order, The IIouse proceeded to second considrrstion of Ilousr


contractual relationships between hospital plan corpo- rations and hospitals, providing for the maintenance of such cc~ntractual relationship during disputes, authorizing the Insurance Dspartment to take certain action with respect thereto and providing for the temporary restoration of certain lapsed contrac!ual relationships.

rlrid said bill having been considered the second time :in:] agreed to,

Oiilereii, to he transcribed for third consideration.

An Act authorizing the Department of Property anc Supplies, with the approval of the Governor and th( Chairman of the Delaware River Joint Toll Bridge Com- mission, to sell and convey to the Bell Telephone Com- piny of Pennsylvania a tract of land located in the Bor- i:u&h uf New Hope, Bocks County, Pennsylvania.


bill NO, 1481, printer's N ~ . 1742, entitled:

An Act amending the "Tax Reform Code of 1971," approved March 4, 1971 (P. L. 6, No. 3 ) , establishing a standard refund procedure and setting forth an appellate procedure for the taxpayer to the courts of this Com- monwealth and making certain repeals.


And .,,id hill havin: heen considered the second timc and agreed to,

Ordered, to be transcribed for third consideralion.

- and agreed to,

Ordered, to be transcrihed for third consideration.



An Act amending the "Inheritance and Estate Tax of 1961," approved June 15, 1961 (,P. L. 373, No. 207), further providing tor the valuation of certaln mterests and providing penaltics and appeal procedures.

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


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

bill Nn. i3S6, printer's No. 1624, entitled: bill No. 1481, prinler's No. 1845, entitled:

An Act amending "The Administrative Code of 1929." 1 An Act amending the "Tax Reform Code of 1971,"

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

bill No. 1428, printer's No. 1681, entitled: bill No. 1489. ~ r in te r ' s No. 1750. entitled:

Anrl said bill having been ronsidered the second time and agreed to,


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


- and agreed to, Ordered, to 'be transcribed for third consideration.

Ordered, to be transcribed for third consideration. Agreeable to order.

An Act amending the "Senior Citizens Property Tax Assistance Act," approved March 11,. 1971 (P. L. 104, No. 3) , further providing for alternative proofs of rent paid on application for rent assistance.


. .

A,, ~ c t amending the "Tax Reform Code of 1971," approved March 4, 1971 (P. L. 6, No. 2), making an editorial correction.

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



An Act amending the act of April 9, 1849 (P. L. 533, No. 356), entitled "An act to exempt property to the value of three hundred dollars from levy and sale on ewecutlan and distress for rent," increasing the amount of exempt property.

The House proceeded to second consideration of House bill N ~ . 1521, printerns NO. 1804, entitled:

An Act amending "The Borough Code," approved Feb- ruary 1, I956 (P. L. 1656, No. 581), increas~ng the maximum rate of tax for general purposes.


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




An Act amending "The Fiscal Code," approved April 9, 1929 (P. L. 343, No. 176), changing the number of days noticc to the Department of Rcvcnue of judicial sales.

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


. Ordered, to be transcribed for third consideration.



An Act amending "The Second Class Township Code," approved May 1, 1933 (P. L. 103, No. 69), increasing millage of annual tax for road, bridge and general township purposes.


Ordered, to be transcribed for third consideration,

Agreeable to order,


The House proceeded to second consideration of Senate bill No. 147, printer's No. 814, entitled:

An Act amending the act of April 9, 1929 (P. L. 177, No. 175). entitled "The Administrative Code of 1929," em(,o\\.crlng the C >nlml>-lc,ner ,,r C,rr(,ction to d c p ~ ~ t i ~ e indlvlduul.; I , rNt,cl lhc rclurn <,f :1113. ~nd~vidllrll unrler IIIC v- .n ' r , I or ~ 1 1 1 1 ~ : \ . 1 - 1 11 oi lhe rm~m!,..ionct. a.h> .,i- I ~ - - ~~~- - ~- ~-

capes or attemptshto escape that control. I And said bill having been considered the second time I -

and agreed to, Ordered, to be transcribed for third consideration.

CONCURRENCE IN SENATE AMENDMENTS TO HOUSE RILL No. 631

Mr. IRVIS called up for concurrence in Senate amendments, from page 20 ul today's calendar, House bill No. 631, printer's No. 1212.

SENATE MESSAGE I

Caputo Hayes. D. S. Cessar Hayes. S. E. Cimini IIepford Cohen liill Cole Hopklns Cowell Hutchinson. A. Crawford Hutchinson, W. Cumberland 1rvis Davies Itkin Davis, D. M. Johnson, J. DeMedio Katz Dcverter Kelly. A. P. Dicarlo iCeily, J. B. DiDonata Kernick Dietz Kistler Dombrowrkf Klingaman Dorr Knepper Doyle Koller Dreibelbis Kowalyshyn Eekensberger Kusse Englehart LaMarca Fawcett Laudadlo Fee Laughlin Fischer Ledcrer Fisher Lehr Flaherty Letterman Foqter. A. Levi Foster. W. L~ncoin F r ~ e r Lvnch

. .... Polite Westerberg Pratt Whelan .~... Prendergait WhittleseY Rappap011 Wilson Reed Wilt, R. W. Renwick Worrilow Rhodes Wright Rieger Yahner Hitter Yohn Romanelli Zearfoss Ross Zeller Rueglero Zord Ryan Zwlkl sa1oom

AMENDED HOUSE BILL RETURNED ~allagher hianderlno sa iGtore Flneman. Gallen Manmiller Scheaffer Speaker

FOR CONCURRENCE Garzia McCall

The clerk of the Senate, being introduced, returned1 NAYS-0

bill from the House of Representatives numbered and entitled as follows:

HOUSE BILL NO. 631

An Act amending the act of April 13, 1972 (P. L. 184, No. 62), entitled "Home Rule Charter and Optional plans Law," changing provisions relating to terms of office.

NOT VOTING-11

Dinlnni Myers Rlehardson Wilt, W. W. Hammock Pyles Thomas Wojdak McGraw Renninger Walsh. T. P.

The majority required by the constitution having voted in the affirmative, the auestion was determiner1 in t h e -

with the information that the senate has passed the same with amendments in which the concurrence of the House of Representatives is requested.

The clerk read the following amendments made by the

On the question, Mr. RENNINGER. I rise to a question of personal

Will the House concur in the amendments made by privilege. the Senate? The SPEAKER. The gentleman will state it.

~ ~~ - - ~~ --- .... affirmative and the amendments were concurred in.

Ordered, That the clerk inform the Senate accordingly.

QUESTIONS OF PERSONAL PRIVILEGE Senate:

Amend Bill, page 2, by inserting after line 18 the following:

Section 2. This act shall take effect immediately.

The SPEAKER. The Chair recognizes the gentleman from Bucks, M ~ . nenninger. For what purpose does the gentleman rise?

Agreeable to the provisions of the constitution, yeas and nays were taken and were as follows:

Mr. IRVIS. I request the House do concur in the amendments made by the Senate to House bill No. 631.

On the question recurring, the House concur in the made the

Senate?

Abraham Geesey McClatchy Sehmitt Anderson. J. 8. Geirler McCue Schweder Arthurs George MeCinnxs Scirica Barber Giammareo Meintyre Seltzer Bellomtni Giilespie McLane Snane Bennett Glllette Mebus Shelhamer Beren Gleason Menhorn Shelton Berlin Gleeson Milanovich Shuman Berson Goodman Miller. M. E. Shupnik Blttle Green Miller, M. E., Jr. Sirianni Blackwell Greenfield Milliron Smith. E. Bonetto Grieeo Miscevich Smith. L. Bradley Griug Moehimann Spencer Brandt Haiverson Morris Stahi Brunner Hamilton. J. H. Mrkonlc Stapleton Burns Hasay Mullen Stout Butera Haskell Mullen. M. P. Sullivan

Mr. RENNINGER. I wish to be recorded in the affirmative on concurrence in Senate amendments to House bill No, 631.

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

The Chair recognizes the gentleman from Blair, Mr. Wilt.

( HOUSE RESOLUTION No. 88 ADOPTED

the

Mr. IRVIS called up HOUSE RESOLUTION No. 88, printer's No. 1299, entitled:

Mr. W. W. WILT. I would like to be recorded in the affirmative on concurrence in Senate amendments to House bill No. 631.


House to appoint members of Mines and Energy Man- agement Committee to investigate solutions to price of coal prob!ems.

I On the question, Will the House adopt the resolution?


and

eakel

NOT VOTING-8

Dlnlnnf Knepper Richardson Walsh. T. P. Hammock McGraw Thomas Wilt. W. W.

So the question was determined in the affirmative and the resolution was adopted.

HOUSE RESOLUTION No. 105 ADOPTED Mr. IRVIS called up HOUSE RESOLUTION NO. 105,

printer's Nu. l(i45, entitled:

Berlin Berson Bittle Blackwell Ronetto

I Bradley Brunner Butera Caputo CCSSB~ cimin1 Cohen Cole Cowell Davies Davis. D.M. DeMedlo Deverter Dicarlo DiDonato Dietz Dombrowsld Dorr Doyle Dreibelbls Zekensberger

~-

Fisher Faster. A. Foster. W. Frver

George Giammarco Gillespie

Anderson. J. Xi. Brandt Rums

Dininnl Flaherty

So the que: the resolution

Grieco Misccvich G"ng Mochlmam Halverson Morris Hnmllton. J. H. Mrkonlc Haskell Mullen Hayes. D. S. Muilen, M. P. Haves. S. E. Musto He"ford Myers Hill Novak Hapkins Noye Hutchinson. A. O'Brien Hutchinson. W. O'Connell Irvis O'Donnell Itkln O'Keefe Johnson, I. Olzver Katz Pancoast Kelly, A. P. Parker. H. S. Kelly, J. B. Perri Krrnick Perry Kistler Pctroren Klingaman Pievsky Kncpper Polite Kolter Pratt Kowaly~hyn Prendergast KUSB Pyles LnMarca Rappaport 1.audadio R e d Laughlin R~nninger Lcderer Rcnwick Lehr Rhodes Letterman Rieeer Levi Ritter Lincoln Rornanelll LYnCh Ross Manderino Ruggiero Manmiller Ryan McCall Saloom McClatchy Salrntnre McGinnis Scheaffer McIntyre Schmitt McI.ane

NAYS-I I

Crawford Hasay Cumberland McCue Fawcett Weidner

NOT VOTING-8

Hammock Pitts MeGraw Richardson

;tion was determined in the was adopted.

Shuman Shupnik Sirianni Smith. E. Smith. L. Spencer Stah1 Stapleton stout Sullivan swreney Taddnnio Taylor Tayoun Toil Trella Turner Ustynoskl Valicentl Vann Vroon Wagner wansacz Wargo Westerberg Whelan Whittlesey Wilt, R. W. Wilt. W. W. Woicla-

~ a h n e r Y"h" zea7foss Zellel. Zwikl

Fineman, Speaker

Wilson Zord

Thomas Walsh. T. P.

affirmative and

HOUSE RESOLUTION No. 112 ADOPTED Mr. IRVIS called up HOUSE RESOLUTION No. 112,

printer's Nu. 1729, entitled:

House of Representatives directing its Health and Wel- Care Committee to investigate and determine actual costs to the Department of Public Welfare of implementing existing lien process of property.

On the question, Will the House adopt the resolution'?

EIouse of Representatives memorializing Governor to rphe yeas and nays were required by M ~ ~ ~ ~ ~ , WILSON set up a task force to be known as "The Governor's Task Force on Southeast Asian Refugees." and IRVIS and were as follows:

On the question, Will the House adopt the resolution?

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

YEAS-184

YEAS-195

Abraham Giammarco McIntyre Sehwrder Arthum (iillespie MeLane Scirica riarber Gillette Mebus Seltzer Bellomhi Gleason Menhom Shane Bennett Gleeson Milanovleh Shelhamer Beren Goodman Miller, M. E. Shelton Berlin Green M i l . M. E. r , Shuman

Abraham Gillette Mebue Schwedcr Ar thun Gleason Menhorn Sciriea Barber Gleeson Milanovich Seltzer Bellomlnl Goodman Miller. M. E. Shanc Bennett Green Miller, M. E.. Jr. Shelhamer

Berson Greenfield illi iron Shupnlk Rittle Grieco Miseevieh Siriannl Ularkwell Gring Moehlmam Smith. E. Gonetto Halverson Morris Smith. L. Bradley Hamilton. 3. H. Mrkonic Spencer Brandt Ilasay Mullen, M. P. Stahl

Beren Greenfield Milliron Shelton R m e r Haskell Mullen Stapleton

LEGISLATIVE JOURNAL--HOUSE July 1,

Burns Butem Caputo Cessar Ciminl Cohen Cole Cowell Crawford Cumberland Tlavies Davis. D. M. DeMedfo Deverter Dicaflo Didz Pombmwskl DO?* Doyle Drelbelbl. Eckensberger Englehart Fawcett Pee Fischer Fisher Flsherty Foster. A. I'orter. W. Frver

Garzia Geeaey Geisler George

Itkin Johnson. J.

ingaman Pitts Knepper Polite Koltrr Prlt* - ~.... Kowaiyshyn Prendergast KUSSE Fyle~ L o M a ~ c n Ramaport Louclal'lo Rred 1.vughlin Renninger T.cd~rcr Rrnlvlrk Ixhr Rhodes Letterman Rieger Lev1 Ritter I.incoln Romanelli I.ynch ROSS ?Tandellno Rilggirro MAnrnillcl Ryan McCall Saloom McCIatchy Sah'atore McCue ScheaRer McC!nnfs Schmitt

stout Sullivan Sweeney Taddonio Taglor TBYOUI~ Toll Re110 - - ~ ~. Turner Ustynoskl Valieenti Vann Vroon Wagner wmsaci Wargo Weidner Westerberg Whelan Whittlesey Wllson Wilt, R. VI. Wilt. W. W. Wojdak Worrilow Wright Yahner Yohn zcaIfoss Zeller

allow for the fact that a member who has voted to be recorded on that third row of lights and that fact only, until s!lch Lime as the Speaker has locked the votes at wh;ch time then, the "yes" and "no" vote would be recorded.

Mr. Speaker, there have been a variety of occasions in the past in the history of this House which have resulted in no credit hein: given to the legislature lor the opera- lion of the electronic-voting process.

The history is replete with times when the press has criticized the wzy that the House has operated. I am sure tinat that extends io both parties being in power at the time. It seems to me that it is appropriate that we, who are elected memhers of the House, he allowed to cast our vote in secret j u t as those who cast their votes for us to come here, cast !heir vote in secret.

It is surely appropriate, when that vote ha5 been cast, that our neople know how we voted. But it seems to me that i! creates only a spcctaclr for our votes to be recorded in such 3 circumstance which allows for the run- ning up and down of the aisles to pressure members into changing their votes, twisting of arms, and otherwise wing a variety of leverage to change the vote of a mem- brr to suit the particular desires of whoever is doing the arm-twisting and the pressuring. The most cogent example, perhaps, is the time when this vote switch was left onen for n neriod of several hours while memhers

a t ~ o n in t h ~ s House of Representatives, to join in cospon- QUESTION OF PERSONAL PRIVILEGE 1 , qorshla . . ' of this ' ;esolution, and I would further urge mem-

NOT VOTING-8

Anderson. J. EL Dinlnnf M c G r r ~ Thomss DtDonato Hammock Richardson Walsh, T. P.

SO the question was determined in the and !he resolution was adopted.

of the House were lobbied by a variety of pressure groups in order to pass a particular bill.

In the recent history of the House, it seems to me, Mr. Speaker, that this is the time that we can do something about this particular practice. I would urge all memhers of the House who are interested in good government, who 2re interested in an efficient and a democratic oper-

The SPEAKER. The Chair recognizes the ,2entleman .'?om Blair, Mr. Wilt.

Mr. W. W. WILT. I rise to a question of personal privilege.

The SPEAKER. The gentleman will state it. Mr. W. V?. WILT. Mr. Speaker, I would like to be re-

ccrded in the affirmative, please, on House resolution NO. 88, printer's No. 1299.

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

RESOLIJTION INTRODUCED The SPEAKER. Tine Chair recognizes the gentleman

from York, Mr. Dorr. Mr. DORR. Thank you, Mr. Speaker. Mr. Speaker, I have a resolution which I would like to

introduce today. I thought that perhaps some of the mrmhers wo?lld like to cosponsor it. I will leave it on th? dcsk for cosponsorship.

It has herome clear in the last 2 or 3 weeks, at least, in the operation of the House that the electronic board which records our vntes will undoubtedly need some repair. Probably the best time to accomplish that would he during the time when we are away for a few weeks in the summer, hopefully.

It seemed to me an appropriate time, therefore, to intro. d11ce a resnlution to change the rules of the use, which resolution would allow and direct the establishment of a third row of lights on the electronic board. This would

bers oAf the Rules Committee, to whom the resolution will undoubtedly be referred, to consider the resolution and, hopefully, to report it out prior to this House adjourning for the summer, at which time, I would hope, there would be some kind of attention paid to the problems we have heen 1:-ving with the electronic-voting process, and, hope- Cnliy, wc might consider, as a House, changing our rules +o allow this particular addition to the electronic-record- ing process. Thank you, Mr. Speaker.

STATEMENT BY MR. ENGLEHART 'he SPEAKER. The Chair recognizes the gentleman

from Camhria, Mr. Englehart. Mr. ENGLEHART. The members of the House of Rep-

resentatives from Cambria County had the great pleasure this morning to be in Johnstown at a press conference for an announcement by the Metropolitan Life Insurance Company of their plans to open one of seven regional offices in the United States and Canada in the city of Johnstown in western Pennsylvania.

This will add to their offices now in Ottawa, Canada; Tulsa. Oklahoma; Dayton, Ohio; Warwick. Rhode Island; Tampa, Florida: and San Francisco, California. The insurance commissioner of the Commonwealth is with us and I am sure that every member of the House joins us in welcoming a company of the size and importance of ille~ropolitan Life to Pennsylvania.

I think it is a great tribute in these troubled times that New Jersey and New York are having, that Metropolitan


Rereported from the Committee on Appropriations. I w E s T I o N s OF PERSONAL PRIvILEGE

has chosen Penns>.lvania as one of its home bases. As I say, I am sure you will all join us in welcoming them to our state. Thank you, Mr. Speaker.

The SPEAKER. I assume that means that Cambria County will not be asking for anything up here.

REPORTS OF COMMITTEES The SPEAKER. The Chair recognizes the gentleman

from Philadelphia, Mr. Wojdak. Mr. WODJAK. Mr. I like

several bills to the floor from the Appropriations Com- mittee, one of which is Senate bill No. 823.

BILLS REREPORTED AS COMMITTED HOUSE BILL No. 116 By W ~ J D A K

An Act amending "The Liquid Fuels Tax Act," aP- proved May 21, 1931 (P. L. 149, No. 105), excepting volunteer fire, ambulance and rescue companies from the liauid fuels tax. ~.~~ ~~- ~ ~

Rereported from the Committee on Appropriations.

HOUSE BILL No. 117 By Mr. WOJDAK

An Act amending the "Fuels Use Tax Act," approved sanuary 14, 1952 (1951, p, L, 1965, N ~ . 550), exclu&ing volunteer fire ambulance and rescue companies from the fuel use tax.

Mr. IRVIS. Mr. Speaker, it will be necessary for me now to call for a 5-minute meeting of the Rules Committee. The meeting was scheduled for 12 noon and was contin- ued until this time, and I would like to have that meeting off the floor in the small room to the left of the Speaker's podium immediately.

HOUSE SCHEDULE The SPEAKER. The Chair would like to repeat for

the benefit of the membership of the House what the agenda is going to be for the balance of the summer so that the members can make plans accordingly.

It is our intention to be in session probably three days next week. We will probably come in at 1 o'clock for purposes of a caucus and come to the floor for voting purposes at 3 o'clock.

we be meeting on ~~~~d~~ to vote and meeting on Wednesday to vote. In all probability we will follow the similar procedure for the next two weeks there- after. The last week of the summer session will he the week of July 21. We hope to recess for the summer following the week of July 21 and not return to the House until probably the second or third week in Sep- tember for a session of two- or three-weeks duration, during which time we will clean up the unfinished business and then adjourn for the balance of the year.

BILL REREPORTED AS AMENDED FROM COMMITTEE ON APPROPRIATIONS AND RE-

COMMITTED TO COMMITTEE ON RULES

The SPEAKER. The Chair recognizes the gentleman from westmoreland, M ~ . schmitt.

Mr. SCHMITT. I rise to a question of personal privi-

HOUSE BILL No. 551 By Mr. WOJDAK

An Act amending "The Local Tax Enabling Act," approved December 31, 1965 (P. L. 1257, No. 511), providing that the payment of certain taxes to a school district of the first class A shall be a credit aeainst certain

lege. The SPEAKER. The gentleman will state it. M ~ . SCHMITT. M ~ . speaker, on the saloom amend-

merit to House bill NO. 1189, printer's No. 1312, I inadvertently voted "no" and it was mv intention to vote

other taxes. -

Rereported from the Committee on Appropriations.

BILL REREPORTED AS AMENDED AND CONSIDERED FIRST TIME

"yes." i would like the record to show that. The SPEAKER. The gentleman's remarks will be

noted for the record. Mr. SCHMITT. Thank you, Mr. Speaker.

The SPEAKER. The Chair recognizes the gentleman SENATE BILL No. 362 B~ M ~ , TJALICENTI

An Act amending the act of April 9, 1929 (P. L. 177, No. 1751, entitled "The Administrative Code of 1929," increasing the membership of the Industrial Board in the Department of Labor and Industry.

- - from Venango, Mr. Levi.

Mr. LEVI. I rise to a question of personal privilege. ~ h , SPEAKER. ~h~ gentleman will state it, Mr. LEVI. Mr. Speaker, I would like to change my

vote on House bill No. 258, printer's No. 1194, from

Rereported from Committee on Labor Relations.

BILL REPORTED AS AMENDED AND CONSIDERED FIRST TIME

Reported from Committee on Appropriations. 1 The Chair recognizes the gentleman from Allegheny,

negative to affirmative. The SPEAKER. The gentleman's remarks will be

noted for the record. Mr. LEVI. Thank you, Mr. Speaker.

SENATE BILL No. 823 By WOJDAK A Supplement to the act of (P. L. ,

No. ), entitled "Motor License Fund Supplement to the General Appropriation Act of 1975," itemzing appropriations required from the Motor License ~ u n d for the proper operation of the several departments of the Commonwealth authorized to spend Motor License Fund moneys.

The SPEAKER. The Chair recognizes the gentleman from Warren, Mr. Kusse.

Mr. KUSSE. Mr. Speaker, on House bill No. 258, NO. 1794, my vote was recorded in the nega-

tive. I wish the record to show that I would have pre- ferred to vote in the affirmative.

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

RULES COMMITTEE MEETING The SPEAKER. The Chair recognizes the majority

leader.

- ~

Mr. Knepper. Mr. KNEPPER. Mr. Speaker, I made an error in my

vote on House bill No. 924. I would like my name to be recorded in the negative.


The SPEAKER. The gentleman's remarks will be noted House bill No. 551; and for the record. Senate bill No. 823.

BILLS REREPORTED FROM COMMITTEE ON RULES

The SPEAKER. The Chair recognizes the majority leader

ADJOURNMENT Mr. McINTYRE moved that this House do now adjourn

Until Wednesday, July 2, 1975, at a,m,, e,d,t. . . - -. . .

Mr. IRVIS. Mr. Speaker, I wish to report the following bills from the Rules Committee:

House bill No. 116; House bill No. 117;

On the question, Will the House agree to the motion? Motion was agreed to, and (at 4:16 p.m.. e.d.t.) the

House adjourned.

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