:%:fa. - legis.state.pa.us · commonwealth of pennsylvania tuesday, september 30, 1975 journal...

COMMONWEALTH OF PENNSYLVANIA

TUESDAY, SEPTEMBER 30, 1975

JOURNAL APPROVAL POSTPONED / lished.

Session of 1975 159th of the General Assembly Vol. 1, No. 76 -. -

HOUSE OF REPRESENTATIVES The House convened at 9:30 am. , e.d.t.

THE SPEAKER (Herbert Fineman) IN THE CHAIR

PRAYER REVEREND DOCTOR R. HOOVER, chaplain of the

House of Representatives and pastor of St. Paul's Luth- eran Church, McConnellsburg, Pennsylvania, offered the following prayer:

Eternal and Most Gracious Lord, we pause in the busy affairs of this day to invoke Thy blessing upon this as- semblage and express our thanks and praise to Thee for all of Thy goodness toward us. 0 God, we humbly pray that Thou wilt be with these stewards of Thine in the deliberations of this hour, grant them the counsel of Thy abiding presence in the decisions they are called upon to make, and enable them to bring to its filllest fruition Thy will and Thy way in the deeds they bring to maturity. This we ask that Thy name may be glorified and Thy praise may he sung forever and ever, world wilh- out end. Amen.

Clurnberland Iiutehmson. W. O'Keefe I T Y ~ S Oliver valieenti Ustynoski

Davis. D.M. Itkin Pancoast Vann DeMedio Johnson. J . Parker, H. S. Vroon >evert- Katz Perri Wagner ~ i c a r ~ o Kelly. A. P. Perry wansacz 31Donato Kelly, J. a. Petrarca Wargo Diet= Kernlek Fievsky W ~ ldnex ~hn inn i Kistler ~ l t t ~ Westerberg '7ombrow&d Rl?ngarnan Polite whelan Do" Knepper Pratt Whittiesey k y l e ;,,ibelbis

Kolter Prendergast Wilson Kowalyshyn Pyies Wilt. R. W.

'ckcnsbergw Kusse Rappaport Wilt. W. W. Englehart Laudadio Reed Wojdak Fawcett Laughlin Renninger Wornlow I'ee Lederer Renw~ck Wright Fischer ~ r h r Xichardson Yalmer , Isher r '-etterman Hlcger Yohn

:%:FA. Lev1 Rltier Zcarfoss Lincoln Rornanelli Zeller

roster. W. Lynch ROSS zord zggher Msnderino Eilgsiero Zwikl ,\.l;.nrniller Ryan

-,,!I,, ~ t c c a u Saioom Fineman. MeClatchy Snlavtoie Speaker

NOT VOTING-8

CapUt0 ~: iMarea Rhodcs rayoun t i r ~ n g 3IcGraw Sullivan Wzlsh. T. P.

The SPEAKER. One hundred nineiy-four members having indicated their presence, a master roll is estab-

The SPEAKER. Without objection, approval of the Journal for Monday, September 29, 1975, will be postponed until printed.

The roll was taken and was as follows:

YEAS-104

SENATE MESSAGE AMENDED HOUSE BILLS RETURNED FOR

CONCURRENCE

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

Abraham Andenon. Arthum Barber 13c!lomlni Ilcnnett Beren Berlin Bemom Blttle Blackwell Bonetto Bradley Brandt Brunner B u m autere Ce5sar Cirnlni Colien C ~ l r C ~ w e l l Crawford

The clerk of the Senate, being introduced, returned hills froin the House of Representatives numbered and

as follows:

- - ~-

George Giammaru, Gillespie CTi11ette

master roll. Only those members in their seats will he permitted to he recorded. Members will p race~d to vote. / IPOUSE BILL NO. 803

~ ~~~

meason rilecson Goodman Green

I I R s ~ ~ Tiaskell Hayes. D. S. Hayes. S. E. Hepford II,!l lIo~lr!ns Iiutehinson. A.

~1lano;:ich Miller, M. E. Miller, &I. 8.. Jr,

>l,lorhirnam Morris Mrkonic hlollcn. M. P. hlulle?l Must0 >IYCIS Novnk Nave

Seheaffer Schrnitt Schweder sc1rica Seltzer Shane Shelhamei Shelton Shuman S h u ~ n l k Slnannt Smith. E. Srntth I. Snenccr Stahl stapicton stout Taddonio Taylor Thomas Toll Trello Turrier

An Act clarifying the powers of constables, county de- tectives, sheriffs, deputy sheriffs, waterways patrolmen and game protectors.

I HOUSE BILL No. 826

An Act amending Title 18 (Crimes and OR'enses) of the Pennsylvania Consolidated Statutes, further providing for the satisfaction of requirement of intent when voluntary intoxication or drugged condition exists.

With the information that the Senate has passed the s a n e with amendments in which the concurrence of the House of Kepresentatives is requested.

I The SPEAKER. The bills will appear on the calendar. I

1 SENATE MESSAGE HOUSE RiLL CONCURRED IN BY SENATE

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

LEGISLATIVE J O U R N A L H O U S E September 30,

IIOUSE BILL No. 491

An Act implementing ?he provisions of. section 6 . of Article 1 of the Const~tut~on of Pennsylvania by prov~d- ing that a verdict may be rendered by five-sixths of the jury in a civil case.

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

Agreeable to order, June 30, 1874: ( a ) The percen The House proceeded to third consideration of Senate term,,,t,,, of th

bill No. 24, printer's No. 1235, entitled: determined~on thc

(8) Every annuitant who is in receipt of a superannuation, withdrawal or disability annuity shall continue to receive such annuity and beginning July 1. 1974 any annuitant who retired on or prior to july 1, 1973, shall receive a cost-of-living supplement determined as a percentage applied to the entire retirement annuity as of June 30, 1974. Beginning July 1, 1974 any annuitant whose effective date of retirement is after July 1, 1973 and ~ r i o r to March 1. 1974 shall receive a supplement de-

CALENDAR E D U C A ~ ~ O N BILL ON THIRD CONS ID ERA^^^^

tage which is to be applied in the de- e cost-of-living supplements shall be : basis of the effective date of retire-

term-ined as an adjustment of five percent i 5 % ) applied to the entire retirement annuity on the effective date of retirement. All supplements provided in this subsection shall be payable beginning under the same terms and conditions as Drovided under the ontion ~ l a n in effect as of

~ ~~~

The SPEAKER, will the gentleman, hlr, stkin, nuity at the time of retirement under the amendatory act of November 27 1970 (P. L. 798, No. 261) or Septem- advise the Chair, since the Chair was unable to hear ber g, 1971 (p. L. i j6 , NO. 106), shall receive beginning

the gentleman before, if the amendments that are now Julv 1. 1974. an additional increase in his annuitv eaual

An Act amending Title 24 (Education) of the Pennsyl- vania Consolidated Statutes, adding provisions relating to retirement for school employees and making repeals.

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

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

Mr. ITKIN. Mr. Speaker, the amendment that I have hefore me now is drawn to the previous printer's number, I had a amendment drafted; the text is exactly the same but it is drawn to the present printer's number. I do not know what the Chair would like to do on this.

ment as follows: Percentage

zffcctive date of retirement factor After July 1971 through July 1973 ,,,,,.,, 5% After July 1, 1970 through July 1, 1971 ........ 10% After July 1, 1969 through July 1, 1970 ........ 15% After July 1, 1968 through July 1, 1969 ........ 20% After July 1, 1967 through July 1, 1968 ........ 25% On or prior to July 1, 1967 ................................ 30% (b) The cost-of-living supplement as determined in

clause (a) of this subsection shall not be payable to an annuitant receiving a withdrawal annuity prior to the first day of July coincident with or following his atlain- ment of superannuation age.

Any disability annuitant whose effective date of retirement is prior to July 1, 1971 and whose annuity was increased by less than twenty percent (20%) of the an-

beine read arc drawn to the proper printer's number? ITKIN, Speaker, they are not drawn to the

present printer's number of the bill. They are drawn to the printer's number prior to amendment in the Ap- propriations Committee.

The SPEAKER' The amendments are not in Order'

They cannot be considered by the House. Mr. STKIN. Mr. Speaker, I have asked the Legislative

to twenty percent (20%) of the annu/ty at the iimu' of ret~rement less the Increase he rece~ved under e ~ t h e r amendatory act.

(d) NO supplement enacted after the death of the member shall be payable to the bcneficiery or survivor annuitant of such deceased former school employe.

Section 2. The sum of $9,325,000 is hereby appropriated to the Public School Employes' Rctirement Board for purposes of thls act.

Section 3. This act shall take effect immediately. Reference Bureau to prepare the amendments drawn to the proper printer's number. I have asked them to bring them down immediately to the fioor of the House.

The SPEAKER. Will the majority floor leader come to the desk for just a moment, please?

The clerk will proceed with the reading of the amendments.

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

The SPEAKER. The Chair recognizes the gentleman from Allegheny, Mr. Itkin U'e are now on Senate bill No. 24.

Mr. ITKIN. Mr. Speaker, Senate bill No. 24 is a bill

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

ITKIN requested and obtained unanimous consent to the following amendments, which were

Amend Title, page 1, lines 1 through 3, by striking out all of said lines and inserting: Amending the act of June 1, 1959 (p, L. 350, N ~ . 7 ~ ) , entitled u~~ act relating to the retirement of public school employes; amending, revising, consolidating and changing the laws relating thereto," making an appropriation and providing for post-retirement supplements.

Amend Bill, page lines through 17; page 2, lines 1 through 30; page 3, lines 1 through 26, by striking out all of said lines

Amend ill, page 3, lines 29, and 30; Pages 4 through 74,

ET~:~ t,";",uf"~a~~;l ,","$a~~ ~ ~ ~ ~ ~ t ~ n ~ ~ , " 4 ~ 0 ~ 9 i i b y S , " ~ ~ i , " ; 407, act of June 1, 1959 (P. L. 350, No. 77), known as the "Public School Employes' Retirement Code of 1959," is amended by adding a subsection to read:

Section 407. Minimum and Supplemental Benefits to Former School Employes.- * * *

that has been cloaked under the guise of a recodification of the Public School Retirement Act. Actually it goes much farther thsn that. I t includes a number of additional pension benefits that have not heen included in previous public school retirement bills.

o n e of the major changes under this bill would provide for school teachers reaching the age of 55 years of age bcing allowed to retire; not only being allowed to retire, Mr. Speaker, but being allowed to retire at very, very substantial pensions.

I would like to point out, Mr. S~.:akcr, that through the years as our school teachers negotiate with the local hoards and as their salary levcls have increzsed dramatically over the last decade, their ijensions have also increased dramatically because the pension is tied to the final average years of salary.

I.et us. Mr. Speaker, go to your particular town of Philadelphia and let us examine what a teacher who holds a master,s degree makes at the top of his level after 10 years. His salary is $10,400 a year presently.

1975. LEGISLATIVE J O U R N A L H O U S E 2775

ORDER REQUESTED

He will retire at age EO at 50 percent of salary. That means, Mr. Speaker, hc will retire with an income oi $9,700 plus any additional benefits he may receive from social security, annuities, el cetera.

Now presently school hoards are negotiating and are caught in a hind in trying to hold the line in taxes and provide a settlement between their negotiations with the school teachers in order to keep classes open. We have seen this year, as we have seen in the past years, significant differences between the teachers and their bargaining agents in the school board. With the com- petition between holding the line taxes anrl the threat of closing down schools, they are having to granl significant increases in teachers' salaries.

N , , ~ , let us return to Philadelphia, that teacher I.etiring at age 60 could retire with a pension of $9,i00 a year, ~,,d what happens now? The generosity of this administration and the generosity of the leadership of both have pushed this hill to the so tha; school teachers can now at age 55 with only a 15 percent reduction in their salaries, That means that that Philadelphia school teacher, if senate bill N ~ , 24 is into law, can retire at age 55 at $8,200 a year; $8.200 a vear. , .

P ~ O W the Pennsylvania State Education Association argues that very few school teachers are going to take advantage of this and in fact the actuarial estimates of the cost are based in only one in five school teachers opting for this. I know, ladies and gentlemen, you can understand and put yourself in the same position of the school teachcr. He reaches age 55, he is faced with talcing $8,230 at age 55 or SY,700 at age €0. If he retircs at age 55, between 55 and 60 he has acquired $41,000 in additional income. If he waits until he is 60, he will get $1,500 a year, 11 you divide $1,~00 into $41,000, you come out with 27.3 years, and what does that mean? ~ h ~ t mean; th2t that school teac,her in order to come out better by waiting until 60 to retire has to wait and live until he is almost 90 to get the benefits, N~~ I do not have to tell you what the actuarial estimates are of a person rcaching 55 and dying. ~t is about 76 or 77 years of age. And so it would be foolish and it not bc in the school teacherss hest interest to wait until 60, but he should opt for the early retirement at age 55. *rhere. fore, I take exception that only one in five is going to retire. When the word gets out, almost all of them will retire, and the ones that will stay on will obviously be the fiscal foolhardy of the lot.

i-qow what does that mean? rt means that we will be providing school teachers with a benefit that we do not provide others. we do not provide state employes with that benefit; we control their pensions. we do not provide employes, county with thosf benefits; yet we control their pensions and we can, ~ ~ d , in fact, if we pass this, what will happen? ~h~ state em. ployes will bargain and lobby time to have the same thing that the teachers have gatten. pressllre come from our counties and our municipalities to give our mu. nicipal and county employes the same benefits.

, I milch consternation raised yet about this, but I can assure I sou next sear when the school districts will be forced to

The SPEAKER. Will the gentleman, Mr. Itkin, yield to the lady?

Mr. ITKIN. Yes, Mr. Speaker. Mrs. KERNICK. I would like a little order in the

House. It is hard to concentrate on what Mr. Itkin is saying with the buzzing through the room.

The SPEAKER. The lady is correct. The Chair would hope that thc members would heed

thc admonition oi the lady and pay attention to the speaker.

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

Mr. ITKIN. So what we will see, Mr. Speaker, will be this legislature and this or succeeding governors cav- ing in to the demands of various employe groups to pro- 'id? this benefit, this benefit which is not easily achiev- able in the private sector. There might have been an argument ior this many years ago when teachers' salaries were low and therefore you wanted to provide some security for them in their later years. But now the salaries being as high as they are and the pensions being tied to these final salaries, it seems to me ludicrous that we would go along in such a fiscal-foolhardy manner and support this type of legislation.

What are the fiscal consequences? What are the dollar facts that we ought to bc concerned about? This bill will cost the Commonwealth and the school districts over nalf a billion dollars, that is $500 million, in 20 years. What kinti of service is this going to be providing for the

What kind of service will the people get by your generosity, by your expenditure of over half a billion dollars of the taxpayers' money? The answer is, nothing.

We know that the school districts are in a financial bind. We know that they are pressing now for ~ u s h i n g LLP the millage in their taxes. We know that the negutia- tiuns are almost compleled. Now when we do this, we impuhe a burden on the school districts next ycar and the Year after. That means that they are going to have to be forccd, mandated, by us, to go back and negotiate with their umploye groups and they are going to have to raisc taxes to balance their budgets and to provide for tllis because it is a mandated thing.

Also, let us assume that you are willing to go with the leadt'rship and accept this and subsequ~ntly the leadership finds out that they have made an error, that the cost has been far greater than they had anticipated- which I feel will be the case. Well, it is obvious-we will just repeal the legislation. But, Mr. Speaker, let me remind you about pension legislation. Once it is given, it cannot be taken away from those who are in the system. That means that that school teacher who just signed up last September to work in your school district-once this bill is passed and if it is only lawful for one day- will be eligible at age 55 for these pension benefits. So what you are doing is passing on for a generation the ac- tiuns that you nlay take today.

Mr. Speaker, I do not think that you realize thc political consequences of this action. There has not been too

The SPEAKER. he Chair recognizes the lady irom their taxes, when the $18 million that it is going Allegheny, L'lrs. Kernick. to cost next fiscal year on the Commonwealth is going - -

Mrs. KEKNICK. Will the gentleman, Mr. Itkin, yield to come due and you are going to have to raise taxes, for a moment? 1 then you will hear :he voters' wrath.

LEGISLATIVE JOURNAL--HOUSE September 30,

been held as hostages. And the calls that I have been receiving and the calls that you have been receiving are from retired teachers who say, vote for Senate bill No. 24. We need that increase. Do you know what our pension is? But when I tell them what the other provisions of Senate bill No. 24 contain, they are furious, they are furious because they feel they have been denied in the past, and that they are being held hack today while this hill is being shuttled back and forth betwcen

Mr. Speaker, I cannot understand the leadership; I cannot understand the Governor. This bill originally was supposed to be a hill for retired teachers. Everyone agreed lhat these people were entitled to a cost-of-living increase; that their pensions were based on salaries that were low many, many years ago. Yet what has happened? They have become ransom in this hill. They have

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

Mr. ZELLER. Mr. Speaker, I am here to hack up Mr. Itkin. I am amazed, I was really amazed, at the words of Mr. Burns and I am afraid you are going to hear a few people on the floor of this House who are shaking in their hoots because of the fear of the powerful Penn- sylvania State Education Association.

bill that the state employes do not already have. And, in fact, if this bill were to pass, the rate would be higher for the public school employe than it would be for the state employe. So I cannot see any threat by the state unions coming in to negotiate to get what the teachers have gotten. They have it already, and more.

Thank you, Mr. Speaker.

. . interest. 1 and international union-but I only retire at 28 percent of

I tell you, today you vote for this and you will be mv salarv and I have to wait until I am 65. and I have

- the front office and this legislature. In fact last week the bill was kicked back to the Appropriations Commit- tee. Why was it kicked back to the Appropriations Com- mittec? Because the administration felt it jnst could not cut another $2 million this year for the hill. So what happened was that the bill was amended to shift hack dates to reduce the fiscal impact for this year by $2 million.

Mr. Speaker, here is a Governor who is concerned about $2 n~illion this year but he is not concerned about half a billion dollars in the next 20, and that is the way this government has been running for years and years and years. Kassah crime before the Appropriations Commit- tee and said, we need a 2-cent gas tax. Why? Because we borrowed all this money and now we do not have enough money that we have to pay on these bonds and

I have not seen them that powerful in my area for the simple reason I come from Lehigh County where they always claim that they elected a Senator. That year it happened to be against a fellow, not for. It happened to be t'he incumbent on the 6-per~.ent tax on insurance. So nobody did anything up there. The voters were voting against the guy not for a guy.

As a matter of fact, I have always fought for teachers, but I think i t is about time that we put the brakes on and start fighting for the public for the simple reason that when Mr. Burns starts hollering about. contribution of 5.6 percent of salary and retirement niter 35 years and that we are going to be doing the taxpayers a favor, I would like to compare him to some of my work.

I am with the International Brotherhood of Electrical Workers 31 years in the union-a very powerful national

paying through the nose for this for the next 20 years. Thank you, Mr. Speaker.

THE SPEAKER PRO TEMPORE (Harry Englehart) IN THE CHAIR

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

Mr. BURNS. Thank you, Mr. Speaker.

If I may, I would just take one moment to correct a couple misimpressions that I helieve the last speaker left with you.

I do not know how many of you realize this but right now a public school teacher can retire at age 46. So if you src saying, Mr. Speaker, that 55 is bad, I am telling you right now, under current law, you can retire at age 46. I think we are making it tougher.

We talk about retiring after 30 to 35 years at some $9,000 a year, a Philadelphia school teacher heing used as an example. That is thought of apparently as s o m e thing had. This person who is retiring after 30 to 35 years at $9,000 total salary has been paying in 5.5 percent, of his salary for 30 to 35 years and because now he is going to draw his interest and principal, that is something bad. Yet, we have people in this Commonwealth, a family of four, on welfare drawing over $4,000 a year. But a man who works 30 to 35 years, pays 5.5 percent, is criticized because now he is going to be able to retire at age 60 at $9,000, according to the example given.

I just hope that all of the statements that were jnst made are given a little bit of thought by the membership. There is not one thing that I can see in this particular

. worked pretty hard out on those jobs for about 32 years before I came down here, in rain, sleet, all kinds of weather. I am not complaining, but we bad the worst conditions. I was not in any air-conditioned classroom or I was not in any area of summertime when it is heated; wc were out on the job. It was tough.

But anybody who comes in here and tells me that they cannot negotiate this out in the field and come in here and have to mandate it through the House of Representa- tives, it is about time they start negotiating. I do not agree with the idea of us having to have them come in here and settle their negotiations, to have to pass it here on the floor of the House to get a windfall of 85 percent of their salary, mind you, 85 percent. Who in this House has a union to back them for 85 percent retirement, tenure protection? Does anyone here have that kind of protection? Not one of you, unless you are a teacher.

Now I can tell you right now that it is about time to stand up to this, and I will stand up and I will take the clout of the Pennsylvania State Education Association next year. I know they will be out there banging on doors. I see them already. But I can tell you right now that teachers are with me in regard to the recent legislation we introduced. Just last week, they are with us. The teachers are sick and tired of these strikes. The teachers are sick and tired of this business of hitting the taxpayer, and the taxpayer is looking down upon the teachers as being some kind of a plague upon them. The teachers are sick of it.

Let me tell you this right now: The union bosses-and I have been on this floor and I talked about it before because I happened to hit the union bosses many times.

LEGISLATIVE JOURNAL-HOUSE

I hit the gang in the CIO who have been trying to by the additional features that Mr. Itkin is trying to amend drive a lot of things down our throats because of the fact out. that they sit over there and eat their lobster tails and Thank you. steaks while we are out on the job drinking our black coffee and eating our cold sandwiches, and they are taking these lawyers they have who get the high salaries and they come down here and they want strikes; they want things like this because it gives them a job, job

B~~ yr;u and I start working for the taxpayer because the t ax~ave r is going to get sick and

The SPEAKER pro tempore. The Chair recognizes the lady from Allegheny, Kernick,

KERNICK. Thank you, Mr. Speaker. Before I begin, I would like to say that Mr. Gallagher

said that the meat of this bill is the proposal to benefit the already retired teachers. This amendment does just

. . . . - -

tired and they are going to throw all of us out.

It is time we listened to what Mr. Itkin said and quit listeniug ta thcse bleeding hearts, and are gong to hear another one here in a few minutes.

that. I rise to support this amendment, and my support is so

closely tied into the bill itself that I hope the members of this august body will bear with me as I state my case, particularly since I am one of those new members con-

The SPEAICER pro lempore. The Chair recognizes the gentleman from Bucks, Mr. Gallagher.

M,.. GALLAGHER, I think M ~ ~ , ~ ~ ~ ~ i ~ k wanted the a,...-

4tantly referred to, by members with greater tenure, as not understanding the issues, although, after 9 months in the General Assembly, I do not think the new members have a nrioritv on this distinction.

IIVVI.

Mrs. KERNICK. No, you are waiting longer than I am, so I yield to you.

Mr. GALLAGHER. Equal rights do not mean a thing anymore, do they?

On this issue, Mr. Speaker, I admit there are a number of things I do not understand. First and perhaps most importantly is why the already retired teachers' benefits are being held hostage by the teachers' lobby to force suuuort for reduced retirement acre for gainfullv emuloved

Mr. Speaker, I rise to oppose Mr. Itkin's amendment. For the information of the members of the House,

these amendments were cffered before the Appropriations Committee yesterday and were defeated almost unanimously.

~h~ main concern before us is the teachers who are on retirement already who have not had any cost-of-living inrrease. hi^ is the meat of this hill; this i s the increase that cnusr:; the amount of additional funds which are in the present budget.

. . - - . . educators at a time when government faces a financial crisis of unknow-n and untold proportions.

The already retired teachers' dilemma would have been solved months ago if the teachers' lobby had really been interested in them and not their own welfare. This amendment would provide assistance for those who really need it.

Can we afford the luxury of additional financial support for gainfully employed individuals at a time of high unemployment, high taxes and inflation?

In addition to giving them the cost-of-living increase that they are to, it is to recodify the entire teachers, code to bring it in line with the state em- ploycs3 ~ h ~ t is what it is all ~h~~~ are a lot of animosities with srrme other people thinking that it is going to cost the state additional money, or the school districts. All of this has heen calculated with our actuaries who deal with the ~ e t i r e m ~ n t ~~~~d and has heen ,,laced in the proper perspective for this commonwealth for the rest of the future.

For those important facts, Mr. Speaker, I urge a "no" vote on Mr. Itkin's amendment.

~~~~~

against this bill; except that I do feel for the retired teach- emphasized. ers in much the same term; that Mr. Gnllneher d o e s / retired teachers Senate 24 as

Without this amendment, taxpayers a t all levels will eventually be hit with an increase in taxes either at the state or local level. The fiscal note placed on our desks Proves that. This includes taxpayers who stretch their dollars from payday to payday and their pension check to pension check. It includes the young married couple saddled with high mortgage payments, high taxes, and a very high cost of living. It includes the middle-aged parents with college-aged children who just saw tuition rates increase because of a lack of state funds, and it includes the senior citizens whose property taxes and inflation-ridden pension checks permit them to exist, not live,

When I discussed Senate bill No. 24 and its full fiscal The SPEAKER pro tempore. The Chair recognizes the

gentleman from Montgomery, Mr. Mebus. Mr. MEBUS. Mr. Speaker, about a year ago we voted

on a bill to increase the pensions for state employes, There were some few of us here who voted in the negative on that bill, and I was one of them. I am now confronted

a situation where, to be consistent. I m,lst

~ ~ ~ ~- ~ ~ ~~~~ - - ~ ~ - - ~ ~ --. . . -. . . . Therefore, the only position I can take which is consistent "Ow written, but the gainfully employed would deny with that which I took a year ago would be to vote in those already retired teachers additional benefits rather favor of Mr. Itkin's amendment and then I can vote for then give up their own early retirement proposal and

impact with some of the retired teachers in my district, they advised, "Try to get the amendment adopted, but, if not, then vote against the bill." Yet PSEA-the Penn- sylvania State Education Association-in their letter to this House on September 25 wrote: "The active and retired school employees again urge your support of Senate ill 24 without amendment." "Without amendment." was

the bill. For that reason, I propose to do so, and I would encourage other members to do so, because I do disagree with Mr. Gallagher in that the financial impact of this bill is not wrapped up in what the retired teachers will get but rather what is more significant, certainly in the long run if not immediately, is the cost of this bill to the taxpayers of this Commonwealth that would be generated

Use the retired teachers' plight as a lever to force this through.

Let me also quote to you from the Penn Hills Education Association's legislative chairman's letter to me asking for my support of the bill without amendment. The letter reads: "Many of the Pennsylvania educators as well as its legislators have put great time and effort into amending


this bill to suit the general welfare of the public as well as the retired teachers!' Nowhere in the letter did it state that the real beneficiaries of Senate bill No. 24, without amendment, are the presently employed teachers. It will better suit the general welfare of the public if the early retirement proviso is deleted and this amendment is adopted.

Mr. Speaker, the already retired teachers need our support, They did not teach in an era where teachers not only had tenure but had high wages, decent wages, and Act 195, as well as social security benefits. The retired teachers did not enter the political arena by endorsing and supporting candidates for local school boards, but the present teachers find themselves in the position of sitting across the bargaining table from the people they elected as their bosses-an ideal situation.

The teachers in my district this year received a $1,275 across-the-board increase, taking a beginning salary up to $9,375. In 1976 they are getting a $1,025 increase, plus a possible $450 cost-of-living increase, at taxpayers' expense. This resulted in an almost 6-mill tax increase for Penn Hills school district taxpayers.

1 vJant to go back to my earlier statement of not un- derstsnding this issue. I do not understand how this House can consider spending millions of dollars to support an early retirement program for gainfully employed inrlividuals, yartici~larly since all I have been hearing Since I have been sworn in is that we do not have any Inalley. We do not have money to fully support many vital siate programs in IIealth and Wel;a:e, inc:udin.J " state hospitals, welfare recipients, day-care programs; highway programs are another problem, as we recently lezmed. Where are the additional funds for the unem- ~ l o y e d , the senior citizens, the environmental controls, deep mine safety, prison reiorm, juvenile programs, cotlnty-state programs, and any number of other state- related issues? Tuition to state-owncrl coliegfs and stdte- owned or state.related universities were increased because this ~~~~~~l ~ ~ ~ ~ ~ h l ~ said additional funds were available. State employes were limited to 31/z.percent wage increase because of an alleged lack of funds.

I do not understand how we can turll down this amendment, How can we conscientiously turn it down and 2.doyt Senate bill No, 24 which u.ould place ,.lnnecessl.ry and an unwanted burden on the taxpayer. shonldersl It is our children and our children!s childre,, and into future peneratjons who will the bill if this 2m,,nfiment is not adopted, 1, too, well in thir room was a recipient of a veiled threat about ;.ol;ijcsl next year at the PIIS, if I failed to support Senate bill No. 24 without amendments. Mr. S~eakci. . I would rather be defeated with honor than secrificc the future welfare of this Commonwealth. Sen- ate hill No. 24, is fiscal rape of the taxpayers, fiscal rape whirh will bring forth fruit bearing the name "fiscal cheos '' I will not be party to i t and I urge ~dopt ion of thir amendment.

The SPEAKER pro temoore. The Chair recognizes the prntleman from Beaver. Mr. Laughlin.

M;. LAUGHLIN. Mr. Speaker, the fi:-st thing that I want to do is correct a few remarks by Mr. Zeller. I d n c f think that all the labor le-ders go over io Lombardo's ; nri m t lohster for dinner. Some of them are very hsrd- ~ v ~ ~ ~ k i n c people. I think that he does t , h m a discredit \":hpn he connects them together.

E l i . Mr. Bums made the statement earlier that thew

was very little difference between the pension of our state employes and that of our proposed pension for retired teachers. I am certain that he was not serious about thzt because when you reduce a penalty payment from 7 to 3 ;lf!rcent on retirement and he talks about a state employe retiring at age 46, he must have been talking about them retiring at =bout $20 a month or something. He certainljr does not mean to compare it with an 85-per- "'nt retirement benefit that will bc available to our re- t r e d ieachcrs in Pennsylrania should this bill go through.

I do not want to speak on the bill itself though. I want to vpeal: on the amendment that Mr. Itkin has offered. First of all, I do not think that any responsible person In t:le House can see where we can, in fact, reduce the rel.iremcnt penalty from 7 to 3 percent, to reduce the age to 55, to reduce the amount of payment next year from 5.5 percent to 5.25 percent and then say that this is not going cost the state and our local districts a Lrcmendul:s nmo,.nt of money and it is not to actually and eventually going to cost the teachers them.

a considerable amount of TVe have seen social security rise from a 1%-percent

to 2-percent base up ?o a 6-percent base presently. We have seen pension programs of the dcparimen:s across the of pennsylvania nearing bankruptcy be- ,,,,, .f this inadequate planning alld this going ahead an.1 raising benefits without talcin:: consirleretion as to ,..,h,,,, the money will come from.

I think that i t is foolhardy lor any of us to thinlr that cnc momellt we are going to he able to vote for this

hill and t h ~ n not come back in the next few years and rni.e 2nd raise an,d raise the cost of this bill to the tenu,rrs who are presently eml;loyed. rt may br a wind- 1:111 to the teachers in the hrackct between and 60 yeol.s of age, But those are out in the pro. lesrion and those who are in the of 35 and 4o are qoini: to pay for this hill o.Jer +he nrxt 12 years,

?ulr G2llagher mentioned the fact that the meat of this hill is the retirement bcncfit increxe for the retired teachers who are presently under retirement. I agree with him. I take that position wholeheartedly. And since he i' so strong in that area, I would think that hc would upp port the position of Mr. Itkin on this amendment and nnt t ~ l w away from it. He says that the rptircd teachers :,serve i t I agree with h i m They l o deserve it. I . ""1' that we should all support that position. I think +hzt we should take care of this amundment and vctr *or it pnd put it through and then take the time to con- 5ider whet financial effects this bill is going to have on the teaching profession and on retiremmt as a whole be- forr we vote for it. Rut I will leave that to t.he final rote cn the hil! rather than mention it now on the ~mendment. I as!< that all of the members support Mr. tkin's position.

The SPEAKER pro tempore. The Chair recognizes the qentleman from Bradford, Mr. Turner.

Mr. TURNER. Mr. Speaker, I rise to support the Itkin amendment and echo the position taken by Mrs. Kernick and ids. Laughtin.

The original concept of Senate bill No. 2-1 was good. It wassolid because it was designed to help those people who r:id retire before their wages reached the point where they u?oi:ld have adequate benefits with which to operate in a normal way today. They are s~ibstandard toda".

But now they have tacked on the part-time labor as mandatory and now they put the current teachers in a

LEGISLATIVE JOURNALHOUSE -~

position where they can retire a t a point where thir state cannot and will not be able to afford to pay them

I would like to remind tine IIouse of this: But a very Icw months ago the Governor of Pennsylvania stood on :h? !>odium anrl announced without question that come July 1, 1976, this Commonwealth was going to be $400 miili'3n in the hole. And just a few weeks ago to sub- st2ntiate another area of indebtedness, we learned thut the Pennsylvania lottery is $27 million in the hole and will be $50 million in the hole come July 1, 1976.

Memhrrs of the liouse, I do no! see wiicre we hove a choice but to silpport the Itkin amendment. We are buying, hs I have said on this floor many times, we are buying anothcr white elephant and these elephants wiil have to be fed.

-3 1:lnnk you, Mr. Speaker.

The SPEAKER pro tempore. The Chair recognizes the gentleman from Centre, Mr. Dreibelbis.

Mr. DlLEIBTLBIS. Thank you, Mr. Speaker. I will be very brief. In the interest of not being repeti-

tious, Twill jurt say that I support most of the reasons for support of this amendment that have been displayed on the floor.

I think there is a bit of financial trickery that aoes on w h ~ n one can decide that benefits can be inrreased by cost-i,f-living increases. by early retirement, +.he lack of pencity for early retirement, and still get a decrease in +1. . r,,ntrihu!ion rate that is paid.

!<ow L say we have onc of two things in do, either sup- part this amendment or, if this amendment is defeated, we om? tile teac'ners back r. good bit of mon-y because tl!ey must have heen paying in too milch kcfore if thcy can get inrrcased benefits and reduced contribution rates. I ask thc clinnort of this amendment. . .

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

Mr. COHEN. Mr. Speaker, the argument has been 1.oi.scr1 thnt a teacher would be foolish not to retire at $8,200 a year pension from a $111,700 salary. I disagree with this conception of rationality. A sslary of $19,700 a year is far, far more than the $8,200. I think that pfoi1lc motivated primarily by money would prefer to work at the much higher salary.

The argument that it is financially logical for a teacher lo retire at 55 implies that a teacher w-ill be able to get a hi!h plying job in a new occupation. This presump- tion s e e m rather unlikely. Would the members of the IIox?c who cwn a reel estate firm be lihely to hire a 55-year-old retired teacher to sell real estate? Would the members of the House who own an insurance agency h? li!:ely to hire a 55-year-old retired tezchcr to yell ins~lr- sncc? 1 really do not think so in many case..

Those teachers who would be likely to retire at 55 are generally those teachers who ore in poor health and unlikely to live into their late 60s or 70. and therefore would be unlikelp to draw high pensions for very long. T rirce the defeat of this amendment.

The SPEAKER aro tempore. The Chair recognizes the gentleman from Delaware, Mr. Zearfoss.

Mr. ZFARFOSS. Mr. Speak?!. 1 think it is important that Senzte bill No. 24 be put into perspective. .". chnirmsn of the Joint State Government Commis-

sion Task Force that spawned Sena!e bill No. 24. I can sav with aqthority that the purpose of the hill as ori~ina!l:i drafted was not the cost-of-living increase for re!i?.i tcschers. That was a feature that w;ls added to

tile bill after i t had been proposed by the Joint State Gov- ernment Commission Task Force.

There are other aspects of the bill that are expensive that were added on in the various Education Committees. Bet to accept the Itkin amendment and rip everything out of Senate bill No. 24 except the cost-of-living increase would be to throw out everything good tnat the Joint Stale Government Task Force did in recodifying this code.

It took a year and a half to do. There are a lot of very good aspects of the recodification in Senate bill No. 24.

One of the added expensive items was the cost-ol- living increase. I should point out at tlus time that the cost-of-living increase is more than half of the increased cost of this bill and i t always will be. Look at the fiscal note. More than half of the cost of Senate bill No. 24 comes from the cost-of-living increase that will be for retired teachers, the one feature that Mr. :!kin wants to keep. I would suggest that rather than overreact that you support specific amendments to take out those expensive features of the bill that you do not approve of, such as, the early retirement penalty. I have an amendment that will be later offered to do that and, if you want to do something responsible, defeat the Itkin amendment and support my amendment.


'he SPEAKER pro tempore. The Chair recognizes the !ady from Allegheny, Mrs. Kernick.

Mrs. KERNICK. Mr. Zearfoss admits that Senate biil No. 24 was his baby, and I think this is one time we shc'~!d thruw out the baby with the bath water.

The SPEAKER plu tempore. The Chair recognizes the gentleman from Allegheny. Mr. Ilkin. - . .

Mr. ITKIN. Mr. Speaker, I have no objection to recodification of the Pension Act; in fact, I would probably support a recodification if that is all it was. But it seems everytime we recodify, we insert things into the bill thzt add additional costs to the taxpayer and that is who1 I rcsent.

I would just like to very briefly read something to you that appeared in the Sunday Bulletin in Philadelphia on August 31 by Frank Cashman. Frank Cashman is the secretary of the Pennsylvania Public School Employe:; Fund. He is the guy that runs the fund. I-Icre is what he said about pensions: "You will never find a Pennsyl- vzni;i teacher working 40 years. The average time is 30 or 32 years. Given our pension, he or she ezms more by u:,t wor1:ing." Parenthetically, Cashman snid his estimate takes into consideration the tax benefits given retired persons. Then later on in the article he says: 'Son~=body has got to say stop. It has to come to a screeching halt or we will become a true welfare state with the Federal Government totally responsible. The oension situation has gotten completely out of hand."

Thank yon, Mr. Speaker.

/ T!ie SPEAKER pro tempore. The Chair recognizes the gentleman from Butler. Mr. Arthurs.

Mr. ARTHURS. Thank you, Mr. Speaker. I wiil try and touch on just a few things that I do not

t 5 n k have been brought to light. You know, in the past I few months all of us in the House of Representntives hare been tryinif to work to hold close to a tiqbt budget, and I . ,t was rather easy to vote against some of these budgets

/ and to cut some of these budgets when we did not have .pressures applied to us. But now we are up against a

LEGISLATIVE JOURNAL-HOUSE September 30,

group who is prohably the strongest lobbying group that we have in Harrisburg today.

I have always tried to support our teachers in the programs in the past. My teachers in my area have supported me in the past. This I appreciate both ways, but I do not think this is the time, when we are trying to run a tight ship, when we have asked every department in the Commonwealth to actually take a cut in their bude'ct becai!se of the inflation situation, that we should he lib- eralizing thjs particular program. I think one thing on the fisrnl note that we have hefore us that is very inter- estin? and a little bit frishtening, for example, is on the fiscal note or the first Page under Number 3, "The reduction ol service required from 10 years to 5 years for eligibility fnr disability allowances." Now what this mean? is, if we have a teacher wko served in World War I1 or someone. for example-let me forget World War 11 -who came out of our recent conflict that we had in Vietnam with 4 years' service, that they can eo into the teachin,< profession and h e in the tearhing prof~ssion for 1 year and, if they have purchased their military service, that they can go under disability allowances after hein? in the teaching profession for 1 year. I do not think th-t, is equitable.

Since I have been in the Leeislature and on the Llcal G-v~rnment Committee, one of my h i g g ~ s t concerns is that we in the Hoi~se of Representatives and in t h ~ Gen- era1 Assembly really do not appear too responsible an6 too rmcmnerl when we pass legislation as to what this is doin< to the in our areas, other l e p i ~ l a t i o ~ that has come up, I have heen concrmed in the same manner and, once again, I am very much mnremed +hat here we are on the state lrvrl mnndnt inc to our districts that they. once again, in dire need rioht now. are enins to have to raise t a x ~ s once ajiain ;uqt to ?upport this psrtjcular program, I think it is very imnortant to us to look at our s~lrroundinq states and cities: Vrpw York, for examnle. The bankrllpt sitl,ation that is in the city of New Ynrk. This is somethin< that. i f are not resnnnsib]e i n this state, in this ~~~~~~l A-mhlv that could happen to us very, very easily.

And I will close by saying that I know that it is dog-. goned hard to vote against a group of people who have

what I am getting at is that that is the point that I was bringing out before when I spoke. So do not let anybody say that he is really lily-white on that who happens to he supporting it. That is what I was getting at.

When we are being maneuvered, it is not the intent of the rank and file out in the field to have the people come down here and, as I say, eat their lobster tails and steaks and maneuver us, maneuver us back home, with their manipulating.type of my back; 1'11 scratch yours" with regard to the of the AFL-CIO and the so-called Pennsylvania teachers9 union. That is what it is, PSEA. a pennsylvania teachers' union,

so when they start pulling that kind of stuff, it is about time we sl,eak out, I am in favor unions and always will be, but let us not cover it up hetc, 1 ~ ~ . ~ ~ ~ ~ h l i ~ , by ,,,,ing that they are lily.white, They arc in no way

The SPEAKER pro tempore. The Chsir recognizes the gentleman from Chester, Mr. Vroon.

MT. VROON. Mr. Speaker, I find myself being com- pelled to support the ltkin amendment for some very valid in my opinion, .i-here is such a +hing as financial stability and actuarial soundness in a pension plan. ~h~~~ is a feature in here which for a penalty being reduced to percent from 7 renders this fund actuarially unsound,

Whenever you do something like that, you are going to be building trouble into a plan becanye sooner or later you are going to have lo make up those

I think, furthermore, it is basically unfair to the people 'vho retire under normal basis to get l ~ s s nut of that fund dollar for dollar than people who ar? pprmitled to retire

and that is what lhis bill d"cs. This early retirement featllre is basically unfair and

unsound. I plead with this memhership to face up to this particular fact. If we go into the Itkin amendment, we can strip out of this bill the unsound features. We can come back later on and repnir it and recodify it the way it should be.

I plead with the membership to give due heed to the fiscal implications of this particular amendment.

so much influence in our particular areas. But we also SPEAKER pro tempore, The Chair recognizes the have other ronstitutents in our areas whom we must he respnnsible to. from Bucks, Mr. Renningcr.

I have heard from my retired teachers back home and here is the way that my retired te-chers feel: That they have been betrayed by the group who is supposed to be protecting them.

I think that this is just too had. I have my retired teachers that I want to take care of, but they, too, are understanding enough that the way that it is written and what has been added and what is contained in this particular bill is not for the good of the entire community. They are that if they have their particular portion that we need to help them, that the bill 's bad' ' would ask that we do support the Itkin amendment.

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

Mr. ZELLER. Mr. Speaker, real quickly, since my name was taken in vain, I would like to straighten a few points out and also support again the Itkin amendment.

When I find legislators getting on the floor to lobby for the AFL-CIO, I feel that I have here a print-out from the

Mr. RENNINGER. Thank you, Mr. Speaker. I would like to support the Itkin amendment and state

this: I think it would be very nice to have the early retirement feature; I think it would be rc iy nire to have a lot of things; but I think you have to realize what is going on in this country, Our economy is in bad shape.

The teachers who are in the class that are being object- ed to as a result of this particular amendment are not in the best shape that they would like to be in. I am sympathetic to that. But I am also sympathetic to the fact of the practical experience of what is happening in this country. We are running bigger budget deficits in Wash- ington. I think Mr. Itkin referred to the fact that we may turn into a welfare state under Washington. You tell me, with what?

Yesterday, the oil costs went up throughout this nation 10 percent. The economy immediately will react to that. I think we had better go pretty slowly on these subjects.

This i~ also in the interests of the teachers as well as all the rest of us. We have to soundly approach the economic problems of this Commonwealih 2nd we have to also

AFL-CIO stating that they hack Senate bill No. 24. Now soundly recognize that the well is not as deep as it was in

2782 LEGISLATIVE J O U R N A L H O U S E September 30,

Amend Sec. 1 (Sec. 8102). page 5, line 21 by striking out "5%%" and inserting: 5%

Amend Set. (Set. 8342), page 30, lines to lo by striking out all of said lines

On the question. W-ill the House agree to the amendments?

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

Mr. ZEARFOSS. Mr. Speaker, this amendment would

feature. Instead of a 3-percent per year reduction factor for early retirement, we would restore the bill to what

is bringing it in line with the other state employes. All we are trying to do is keep the pensions together for a change, so that actuarially this thing will be sound.

The figures presented to you on your desks in the fiscal note give you exactly what the costs are. Early retirement is some fantasy that people are trying to use to defeat this entire bill. I strongly urge that we oppose ~ r . Zearfoss' amendment.

On the cluest~on recurring. do one uf the things that 1Vir. Itkin was objecting to about this bill. I t would eliminate the better reduction factor that is in the bill for early retirement and would save the Commonwealth and the school districts the cost of that

-. Will t h e - ~ o u s e agree to the amendments?

The Yeas and 'nays were required hy Messrs. ZEAR- 'OSS and GALLAGHER and were

the present law is and have an actuarial reduction for each year preceding normal retirement time. This has the effect of reducing from about a 3-percent reduction to about a ?-percent reduction or an actuarial reduction.

Coupled with the change in the early retirement feature, the amendment would reduce from 5% percent the contribution rate of the active employe to 5 percent. I think you will all recognize that this is the rate that is paid by the employe under the state retirement system and should be the same rate for the public school retirement system. It is the rate that was recommended by the Joint State Government Commission Task Force when the bill was considered and drafted. The early retirement reduction factor is the same as the present state employes retirement system and is also what was recommended for the school systems by the Joint State Government Com- mission Task Force.

The reasons for these amendments are so that the school system and the state system will he brought into parity on these two items, so that there will not be any leapfrogging in the future, so that the teachers will not come in here in 2 years or 1 year and say, we are paying 5% percent; we want to pay a 5-percent rate. Give them the 5-percent rate now which the state system has, but do not give them the better, the sweeter early retirement benefit which is expensive.

The net effect of the two amendments taken together is to save the Commonwealth and the school districts a slight amount of money, some $300,000 a year each, from now until the end of the system. So you are not saving a lot of money, but in combination the two amendments will reduce the cost to the Commonwealth and to the school districts somewhat. I would recommend that we nll support these amendments to get the best features of recodification without giving too much of a Christmas present to the school teachers at this time.

The SPEAKER pro tempore. The Chair recognizes the gentieman from Bucks, Mr. Gallagher.

Mr. GALLAGHER. Mr. Speaker, I rise to oppose Mr. Zesrfass' amendments. The amendments basically speak of the early retirement penalty being reduced from 7 to 3 percent. That affects a very small minority of the teachers who are in the system, and it is up to them to decide whether or not they want an early retirement. I t is not a mandatory early retirement; i t is something that has been agreed to. It is something that they have to agree to among themselves ahd their ~ & a l boards because they are going to go on early retirement at a reduced amount than what they would be earning.

Reducing their normal payment from 5% to 5%, or 5.25,

Abraham ~ u t e h l l ~ s o n . W. Mullen. M. P. Stapleton stap on. J.H. Itkin O'Connell Tuner

Katz O'Domell Vroon &ren Kernlck Perri Wagner

:;;;2gl. Kistlcr Pitts Welsh. T. P. Lehr Ritter Westerbere

Eekensberger Letterman Salvatore Whlttlesey

Ezq Lynch Seheaffer Wilt. W. W. Mebw Sdriea Worrilow

o0,dman Menhorn Snanc Zeariors Hamilton, J. H. Morris shelhamer Zeller Hasay Mrkode Shuman ZWkl

NAYS-140

Barber Poster. A. Lederer Renwick Ben,,mipl Foster. W. Levi Rlchvrdson Rcnnett Gallagher Llnco!n ROSS ::& oel len Manderino Ruggiem

Garrla Manmlller Ryan nittle Geisler McCall Sehmitt

rEezu George McCIatchy Schweder Giammarco McCue Seltzer

Bradley Gillesple McClnnis Shelton :f?zeter Gillette M~Intsr f Shupnik Gleason McLone Sirianni

mrns Gleeson Milanovich Smith. E. Rutera Green Miller. M. E. smith, L. Cessar Greenfield Miller. M. E., Jr. Spencer c,m,ni Grieeo Mllllron Stahl &hen Hnlverson nlochlrnann Stout ::ten Hammock Mullen Taddonio

Heskell Musto Taylor crawford Hayes. D. S. Myers TOU %::;land Hzlyes. S. E. Nomk Trello

Hepford Noye UBtynoskl Davis. D.M. Hill O'Keefe Vann DeMedio Hopklns Oliver Wansacz

ggJ:to Hutchinson. A. Paneosrt Wargo I w i s Perker. H. S. Weidncr

Diet. Johnson. J. Perry Whelan Kelly. A. P. Petrarca EE2;;- Kelly, J. B, Plevaky Wilson Wllt, R. W.

D,, Klineaman Polite Wojdak Doyle Knepper ~ r a t t u'right

Kolter Prendergast Yshner Kowalyshyn Pylea Zord

Foe KUSSC Rappaport

Fi:;''' LaMama Reed Flneman.

Laudadlo Renninger Speaker Flaherty Laughlin

NOT VOTING-I4

Caputo O'Rden Saloom Thomes Gring ~ h o d e s s u l l i ~ a n valleenti

~ ~ ~ v ~ h Rleger Tayo~n Yohn Romanell1

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

QUESTION OF PERSONAL PRIVILEC-E The SPEAKER pro tempore. The Chair recognizes the

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

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


Bennett Beren Berlin Bcrson Bittle Blackwell Bonetto Bradley Brandt Brunner Bums Butera Ciminl Cohen Cowell Cumberland Davies Davis. D. M. DeMedio Dicarlo DiDonato Dietz Dininni Dovle Eckensberger Engleha* Fee Fische* msher

ate 1s requested. NOT VOTING-14 I

Giammarco McGinnis Schweder Gillette McIntyre Scinea Gleeson McLane Seltzer Creen MiianoYieh Shane Greenfield Miller. M. E. Shelhamer Grieeo Miller. M. E.. Jr. Shelton Halverson Milliron Shuman Hamilton. J. H. Moehlmann Shupnlk Hammock Mullen Stahl Haskell Musto Stout Hilye~. D. 5. Myers Taddonio Haves. S. E. Nnvak Taylor Hill Noye Toll Hopkfns Trello O'Connell IIutchin~on. A. O'Keefe Ustynoski Irvis OHver Vann Katz Parker. H. S. Wansaer Kelly. A. P. Perri Wilson l<ellv, J. B. Petrarea Wilt. R. W. Klingaman Pievsky WoJdak Iillepper Polite Wright Kolter Pratt Yahner Kowalyshm Prendergast Zearfoss Kusse Rappaport Zeller I.aMarca Reed Zwlkl Laudadlo Renninger Laughlin Renwick Fineman, Lederer Speaker Richardson Levi

Caputo McGraw Rornanelli Tayoun Goodman Mfcevich Saloom VaUeentl Gring O'Brien Sullivan Yohn MeClatchy Rhodcs

Fee Lederer Renningcr Yahner Ftscher Lehr Renwlck Yohn Fisher Letternan Riehardsun Zearfoss Flaherty Levi Hieger Zeller Foster. A. Lincoln Ritter Zord Foster, W. Lynch Ross Zwikl Fryer Manderino RuEgiero Gallagher Manmiller Saloom Fineman, Gallen MeCaU SchevRer Sl~evker Garda

N A Y S 4

Itkln Kernlck Mrkonic Whittleaey

NOT VOTING-11

nutera McGrsw Ryan Tayoun Csputo Rhodes Salvatore Valleentl Gnng liomanelli Sullivan

The majority required by the constitution 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 t h ~ s:,mc with amendments in which the concurrence of the Scn-

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 bill on third consideration? Bill was agreed to.

The SPEAKER. This bill ha? been considered on three different days and agreed to and is now on final passagr

The question ic, shall the bill pass finally?

QUESTIONS OF PERSONAL PRIVILEGE

The SPEAKER. The Chair recognizes the gentleman from Franklin, Mr. Bittle. For what purpose does fhr! gentleman rise?

Mr. BITTLE. I rise to a question of personal privilege. The SPEAKER. The gentleman will state it. Mr. BITTLE. Mr. Speaker. I was called off ihe floor

when the Itkin amendment to Senate hil! No. 24 ws:; voted. I would like to have the record show tha! had I heen in my seat, I would have voted in thc nczalive.

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

Abraham Anderson. J. H. Arthurs Barber Bellomlni Bennett Belcn Berlin Berson Bittle Bla~kwell Bnnetto Bradley Brandt Brunner Burns Cessar Cimlni Cohen Cole Cowell Crawford Ci>mherland navies Davis. D. M. DcMedlo Deverter Dicarlo DiDonato Dletz Dininni DnmbrowaL1 Dorr Dovle

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

YEAS-187

Geesey Gelsler George GiammaFcO Gillerpie Glllette Gleason Gleeson Goodman

The Chair recognizes the minority l e a d ~ r . Mr. BUTERA. Mr. Speaker. I tried to get your at-

tention from the back of the House during final passage of Senate hill No. 24. I want to be recorded in the af-

Green GreenReld Grieco Halverson Hamilton. J. H. fInmmoek Hasay Flaskell Hayes. D S. Hayea. S. E. 1:cnfnrd Hill Hopklns Hutrhinson. A. Hutchinson. W. Intis Johnson. J. Katr Kelly. A. P. KPIIv. J. B. Kistler Klingaman Knepper Kolter Kowalyrhyn Kucse LaMercs Laudadio Laughnn

McClatchy McCue MeGlnnis McIntvre McLane Mebus Menhorn Milanovtch Miller. M. E. Miller. M. E.. Jr. MillIran Miscevich Moehlmann Morris Mullen. M. P. Mullen Musto Myers

~~

Paneosst Parker. H. S. Perrl Perrv

- Poltte Pratt Prendergest P v l s ~ a p p a p o r t Reed

Schmltt Schweder Scfriea Seltzer Shane Shelhamer Shelton Shuman Shupnik Sinanni Smith. E. Smith. L. S ~ e n c e r Stahl Stapleton s tout Taddonla Taylor Thoma. Toll Trello Turner Vstm05ki Vann . . .... Warner Walsh. T. P. Wensacz Warm ~ e i d n e r Westerberg Whelan Wilson Wib. R. W. Wilt. W. W. WoJdak Worrllow Wright

firmative. The SPEAKER. The gentleman's remarks will llc

noted for the record.

The Chair recognizes the minority whip. Mr. RYAN. Mr. Speaker, I would like to be recorded

in the affirmative on Senate hill No. 24. I was on thn telephone during this vote.

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

Does any other Republican leader want to gel on this m e ?

Mr. McCLATCHY. I am not a leader, hut I want to get on.

The SPEAKER. The Chair recognizes the gentlemm from Montgomery, Mr. McClatchy.

Mr. McCLATCHY. Mr. Speaker, I would like to be recorded in the negative on the last amendment, the Turner amendment to Senate bill No. 24.

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

ALLEGHENY LEAGUE OF MUNTCIPA1,ITIPS WELCOMED

The SPEAKER. At this time, the Chair would like to recognize some members of the Allegheny League of


- -- morsk~, from Scott Township, and Mr. Baum Peterson, the Dreibelbb

executive director. Eekensberzer Enalehart

- -

Municipalities. Mr. Andrew Valco, chairman, who is also mayor of the city of Duquesne; Mr. William 3. Tepsie, the first vice chairman, who is the mayor of the borough of Brentwood; Mr. Louis Comis, second vice president and supervisor from South Park Township; Mr. John B. Camp- bell, supervisor from Richland Township; Mr. John A. Sullivan, from Homestead Borough: Mr. Arthur Ko-

They are the guests of the gentlemen from Allegheny, Mcssrs. Abraham, Miscevich, Trello, Novak, Kclly and

Davb. D.M. DeMedlo Deve*m Dicarlo

~ i l l ~ n n i nombm- DO,',' ,,,I.

Flaherty Foster. A. Foster. W.

He is the guest of the gentlemen from Erie, Messrs DiCarlu. Bellamini and Dombrowski.

MR. PAUL F. BUEHLER WELCOMED The SPEAKER. The Chair is pleased to welcome Mr.

Paul F. Buehler of the First National Bank of Pennsyl- vania.

WELCOME The SPEAKER. The Chair would like to welcome the

~ - . .. . ~ N e r Gallagher Gallen Garma

Katz Perri Kelly. A. P. Perry Kelly, J. B. Petrarca Klstler Pievsky Klingsman Pltts Knepper Polite Kolter Pratt Kowalyshyn Prendergast Kusse Rappaport LaMarca Heed Laudadlo Rcnninger Luughlln Renwick Lederer Richardson Lchr Rieger Letterman Ritter Lev1 Romanell1 Lincoln ROSS Lmch Ruggiero Manderino Ryan Manmiller Salvatore McCall Scheaffer MeClatchy Sehmitt MeCue Schweder

~p

U'alsh. T. P. wansac. Wargo Weluner Westerberg Whelan Whlttlesey Wilson Wllt. R. W. Wllt. W. W. Wojdak w ~ r r i l o w Wright Yahner Yohn Zearfoss

Mneman. S p a k e r

LIaskell Kernlek Mrkonic Pyles ltkin

NOT VOTING-12

Bradlw Goodman O'Brien Sullivan Caputo Gring Rhodes Tayoun Plsher McGraw Saloom Vnlieend

Political Science Club of Penn State University campus ~h~ majority required the constitution having voted at Altaona and their moderator, Mr. Louis Leopold, who in the affirmative, the question was determined in the are the guests of the gentleman from Blair, Mr. Milliron. affirmative,

STATE GOVERNMENT BILI, ON THIRD CONSIDERATION

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

bill No. 379, printer's Nu. 652, entitled:

An Act amending Title (State Government) of the Pennsylvania Consolidated Statutes, revis~ng provisions relating to retirement for State Employees and officers.

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

'The SPEAKER. This bill has been considered on three different days 2nd agreed to and is now on final passage.

The question is, shall the bill pass finally?

Abraham Gecsey McGinnis hndrrrcn. J. H. Gelsler hleIntyre Arthum George hlcLane

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

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

from Montgomery, Mr. Pyles. For what purpose does the gentleman rise?

Mr. PYLES. I rise to a question of personal privilege. The SPEAKER. The gentleman will state it. Mr. PYLES. Mr. Speaker, on Senate bill No. 379, I

would like to have my vote recorded in the affirmative. The SPEAKER. The gentleman's remarks will be

noted for the record,

The Chair recognizes the gentleman from Allechcnv.

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

YEAS-185

i:arbrr Giammareo Mebus Ecllomlnl Gillesplr Menhorn Bennett Giliette Milanovlch scren Glesson Miller. M. E. Bcrlin Glerron Miller. M. E.. Jr. Rcrson Green Miillron Hlttle Greenfield Miscevieh B!ackweU Grleco Muehlmann

- . Mr. Fisher.

Mr. FISHER. Mr. Speaker, had I been in my seat, I would have voted in the affirmative on Senate bill No. 379.

Zonetto HalVeAon Marrls lirandt IIamilton. J. 8. Mullen Erunner Hammock Mullen. M. P. Bum5 HPSPY Musto

~ a y & . D. S. Myers Hayes. S. E. Novak Hepford NO ye Hill O'Connell Hopkins O'DonmU Hutchinson. A. O'Keefe Hutchinson. W. Oliver Irvir Pancoast Johnson. J. Parker. H. S.

~ h & e Shelhsmer Shelton Shuman Shupnik Slrl-1 Smith. E Smlth, L Spencer Stahl Stapleton stout Taddonlo Taylor Thomas Toll Trello Turner Ustynoski Van" Vroon Wagner


I PROFESSIONAL LICENSURE RILL ON THIRD CONSIDERATION

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

bill No. 195, printer's No. 519, entitled:

An Act relating to the practice of physical therapy.

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

The SPEAKER. This bill has been considered a11 three different days and agreed to and is now on final passage.



Agreeable to the provision of the Constitution, the yeas CONSUMER PROTECTION BILLS and nays will now be taken. ON THIRD CONSIDERATION

YEAS-189 Aereeable to order.

~ a r z i a McClatchy Abraham Scheaffer Anderson. J. H. Geesey MeCur Schwe2er Arthura Gel~ler ~McGinnis Sehmitt Bcilarrrrm George MeIntyre Scitica Barber Giammareo McLane Seltzer Bennett Gillespie hiebus Shane Beren Gillette Menhorn Shelhamer Berlin Gleason ~Milanavich Shelton Berson Gleeson Miller. M. E. Shupnilr Bittle Green Miller, M. E.. Jr. Sirianni Blackwell Greenfield Milliron Smith. E. Bonetto Grieco Miscevich Smith. L. Bradley Haiverson Moehimann Spencer Brandt Hamilton. J. H. Morris Stahl Brunner Hammock Mrkonie Stapleton B u n s Hasay Mullen Stout Butera Haskell Mullen, M. P. Taddonio C~SEBI Hayes. D. S. Musto Taylor Ciminl Hayes. S. E. Myers Thomas Cohen Hepford Novak Toll Cole Hill Noye Trello Cowell IIopklnn O'Cannell Turner Crawford Hutchinson. A. O'Donneil Ustynoski Cumberland Hutchinson. W. O'Kcefe Vann Uavles Irvis Oliver Vroon Davis. D. M. Itkin Paneoast Wagner DeMedlo Johnson. J. Parker. H. S. Walsh. T. P . Deverter Katr Perri Wansaez Dicarlo Kelly, A. P. Perry Wargo DiDonato Kelly, J. B. Petrarca Weldner Dielz Kernick Pievsky Westerberg Dlninnl Kistler Pitts Whelan Dombrow%kI Knepper Polite Whittlese)~ Dorr Kolter Pratt Wilson Doyle Kowalyshjm Prrndergait Wilt. R. W Dreibelbb Kurse Pyles Wilt. W. W. Eckcnsberger LaMarca Rappaport Wojdak Englehart Laudadio Heed Worrilow Faweett Laughlln Renningei Wright Fee Lederer Renwick Yahner Fiseher Lehr Richardson Yohn Fisher Letternan Rleger Zeller Flaherty Lev1 Ritter Zord Foster. A. Lincoln Romanell1 Zwikl Foster. W. Lynch Ross Fryer Mandertno Ruggiero Ftneman. Gallagher Manmiller Ryan Gnllen MeCall Salvatore

NAYS--3

KUngaman Shuman Zeari-fosr

NOT VOTING--10

Caputo MeGraw Saloom Tayoun Goodman O'Brien SulUvan Valieentt Gting Rhoder


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

LEAVES OF ARSENCE The SPEAKER. The Chair recognizes the majority

whip. Mr. MANDERTNO. Mr. Speaker, I request leaves of

absence for Messr. CAPUTO and RHODES for today's session.

The SPEAKER. Without objection, leaves are granted.

The House proceeded to third consideration of Senate bill No. 531, printer's No. 555, entitled:

An Act amending the act of July 31, 1968 (P. L. 738, No. 233), entitled "The Pennsylvania Fair Plan Act," removing a condition governing applicability of the act.


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


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

YEAS-I92

Abraham Geesey McCiatehy Seheaffer Anderson. J. H. Geisler McCue Schmitt Arthur9 George McGinnls Schwedcr Barber Giamrnarco Mclntyre Selrica Brliominl Gillespie McLane Seltzer Bennett Gillette Mebus Shane Beren Gleason hlenhorn Shelllamer Berlin Gleeson Milanovi~h Sheiton Berson Goodman Miller. M. E. Shun~an Bittle Green Miller, M. E., Jr. Shupnik Blackwell Greenfield Mi1lIron Si r~anni Donetto Grieeo Miscevich SmiUl. E. Bradley IIaiverson Moehlmann Smith. L. Brandt Hamiltan. J. H. Morris Spencer Brunner Hammock Mrkoriie SWhi Burns Hasay .2luilen, M. P. Stapleton Butera Easkell Ivlullen Stout Cessar Hayes. D. S. Musto Taddonio Cirninl Hayes. S. E. Myers Taylor Cohen Hepford Novak Thomas Cole Hill Noye Toll Cowell Hopklns O'Bricn Trello Crawford Hutchinson. A. O'Connell Turner Cumberland Hutchinson. W. O'Donneil Ustynoski Davles Irvis O'Keefe Vann Davis, D. M ltkin Paneoast Vroon DeMedlo Johnson. J. Parker. H. S. Wagner Deverfer Katz Perri Walsh. T. P. Mcarlo Kelly. A. P. ~ e r r y Wansaer. DiDonato Kelly. J. B. Petrarce Wargo Dietz Kerniek Pievsky Weidner Dininnl Kistler Pitts Wealerberg Dombrowskl Klingaman follte Wheisn Dorr Knepper Pratt Whlttlesey Doyle Kolter Prendergast Wilson Dreibelblr Kowalysh~n Pyles Wilt. It. W.

~ ~ ~ ~ ~ ~ ~ g e r ICusse Rappaport Wllt, W. W. LaMarcB Reed Worrllow

Fawcett Laudadio Renninger Wrlght Fee LaughUn Renwick Yahner Fischer Lederer Richardson Yohn Firher Lehr Rteger Zearfors ;zt:.t%, Letterman Hitter Zeller

Lev1 Rvmanrul Zord Foster, W. L~ncoln Ross Zwikl Fryer Lynch RLLL;S~~TO Gallagher Mandetino Ryan Fineman. Gallen Manmiller Salvatore Speakel Garzia McCall

NAYS-1 Wojdak

NOT VOTING-9

Caputo Oliver Saioom Teyoun

z2;Rw Rhodes Sullivan Velicenu

The Chair recognizes the minority whip. Mr. RYAN. Mr. Speaker. I have no request far leaves

of absence. The SPEAKER. The Chair thanks the gentleman.

The majority required by the constitution having voted ia 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 Gallagher Lynch ROW zwikl

without amendment. Gallen Manderino Ruggiero G a d s anm miller Ryan Flneman. Geeaey MeCall Salvatore S ~ e a k e r

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

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

Mr. WOJDAK. I rise to a question of personal privi-

NAYS-0

NOT VOTING-12

Caputo Gring Rhode l i l y o w OiDonato blcGraw Saioom Ustynoskl o i e e O'Keefe Sullivan Vtllieentl

lege. The SPEAKER. The gentleman will state it. Mr. WOJDAK. Mr. Speaker, on that last vote, Senate

bill No. 531, I mistakenly voted in the negative. I would like to be recorded in the affirmative.


except f o r nonpayment of premiums. I An Act amending the act of Mav 26. 1949 (P. L. 1844.


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

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


An Act amending the act Of May lgZ1 ('. L. 68?: No. 284), entitled "The Insurance Company Law of 1921, prohibitmg cancellation or termination of certain policies

On the question, No. 547), entitled =An act establishing the ~ennsylvania State Firemen's Training School in or adjacent to the Will the House agree to the bill on third consideration? borough of ~ ~ ~ i ~ t ~ ~ ~ * *,n providing for certain

Bill was agreed to. weekend classes and making an appropriation.

STATE GOVERNMENT BILL ON THIRD CONSIDERATION

Agreeable to order, The House proceeded to third consideration of House No. 535, printerSs No. 589, entitled:


The question is, shall the hill pass finally?

~ lam&arco McGinnlr Sehweder Gillespie Mclntyre Scirica Gillette McLane Seltzer Cieason Mebus Shane

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

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

YEAS-190

Abraham Ce!sler MeClatchy Sclleaffer McCue Sehmitt Andemon. J . H. Georee

Gleeson Menhorn Shelhamer c:oodman Milenovieh Shelton




- - ~ ~ ~~ ~~-~

Llerson Green Miller. M. E. Shuman Blttle Greenfield Miller. M. E.. Jr. Shupnik Blackwell Grleco Milliron Siriannl tiunetto Halvemm Miseevieh Smith. E. Bradley Hamilton. J. H. lbloehlmann Smlth. L. nrandt I<smmock Morris Spencer B r u ~ e r 11a6ay Mrkonic Stahl Burns Easkell Mullen Stapleton Butera Hayes. D. 5. Mullen. M. P. Stout Cessar Hayes. S. E. Musto Taddonlo Cimini Hepiord Myers Taylor Cohen HUl Novak Thomas Cole Hop kins Noye Toll Cowell Hutchinsw. A. O'Brien Rel lo Crawford H u t e h l ~ t ~ ~ n , W. OlConnell T-ell Climberland Irvis O'Donnell Vann Davi s Itkin Oliver Vroon ravis. D.X. Johnson. J. Pancoast Wagner l ieMedl0 Katz Parker. H. S. Wdsh. T. P Ucverter Kelly, A. P. Perrl Wansaez Diearlo Kelly, J. B. P e w Wergo Dininni Kernick Petrarea Weldncr nombro- Kistler Pievsky Westerbcrg Dom Klingamsn Pitts Whelan iloyle Einepper Polite Whittlcrey 1)reibelbi. Kolter Pratt Wibon Gckmsberger Kowalyshyn Prenflergast Wilt. R. W. Englehart Kusse Pylell Wilt. W. W. Fawcett LaMarta Rappaport Wojdak Fee Laudadio Reed WorriIow Fiseher Laughm Renninger Wright Fisher Lederer Renwick Yshner Flahertj Lehr Richardson Yohn Foster. A. Lev: Rleger Z e s r i o s Foster. W. Letterman Rltter Zener Fryer Lincoln Romanem Zord

Abraham Anderson. J. E AM- Barber BeUomlnl Bennett Berm B e r m Berson Bftue Blackwell Bonetto Bradley Brandt Br-er Burnr Butera Cessar Cimlnl Cahen Cole cowell Crawford Cumberland Davles Davis. D. M. DeMedlO Deverter Dicarlo DiDonato D i W Dombrowatl DO" Doyle Drelhelhi. E~kensberger Englehart Fawcett Fee Ffsher

Gelsler McCue salvatnrm - -- . - . -. - George M G k i s Scheaffer Giammarm Mclntyre Schmitt Gillespie MeLane Sehweder Gillette Mebus Sclrlra Gleason Gleelion G o o d Green Greenfield Grieco Halverson Hamilton. J. Hammock Hasay Haskeil Hayes. D. S. Hayes. S . E. Hepford Hill

Menhorn Milanouich Miller. M. E. Mlller. M. E.. Milliron Miscevich Moehlmann Morris Ml'konic Mullen. M. P Mullen Must0 Myers Novaill Noye

Jr.

~ ~ - - ~ - -

Seltzer Shane Shelhamer Shelton Shuman Shupnik Sirianni Smith. E. Smlth, L. Spencer Stahl Stapleton stout Taddanio Tavlor

H o p k k 0 ' ~ r i e n ~ h b m a s Hutchinson. A. O'Connell Toll Hutchinson, W. O'Donnell Trello Iwls O'Keefe Turner Itkin Oliver Ustvrroski ~ - ~ " ~ ~ ~ ~ - Johnson. J. Pancosnt VBM Kstz Parkeq H. S. Vroon Kelly. A. P. Perri Wagner Kelly. J . 8. Perry Walsh, T. P Kernick Petrarea Wansacz Kistler Pievsky Wargo Klingaman Pitts Weidner Knepper Polite Westerberg Kolter Pratt Whelan Kowslyshyn Prendergast Whlttlesry Kunse Pyles Wilson Laudadlo Rappaport Wilt. 3. W Laughlin Reed Wilt. W. W. Lederer Renninger Wojdak Lehr Renwick Worrilow


Fischn Letterman Richardson Wright Fiaherty Lcvi Rleger Yahner Foster. A. Lincoln Ritter Yohn Foster. W. Lynch Romanelli Zearfoss Fryer Manderino Ross Zelier Gallagher M a n d u e l Ruggiero Zord Gallen McCall Ryan Zwikl Geeseg MeClatchy

NAYS-I Garzis

NOT VOTING-11

Caputo LaMarea Saloom Valieenti Dietr McGrsw Sullivan Grlng Rhodes Tayoun FIneman.

Speaker

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.

TAX BILL ON THIRD CONSIDERATION Agreeable to order, The House proceeded to third consideration of House


An Act amending the "Tax Reform Code of 1971," approved March 4, 1971 (P. L. G, No. 2 ) , exempting certain fish feed from the sales tax.



The SPEAKER. Will the majority leader consent to interrogation? We are now on House bill No. 188.

Mr. IRVIS. Yes, Mr. Speaker. The SPEAKER. The gentleman may proceed. Mr. BRANDT. iLlr. Speaker, yesterday House hill No.

700 was on the calendar as a tabled bill. Could you tell me where that hill is right now? I t is not on today's calendar.

Mr. IRVIS. I am informed that we recommitted the bill for a fiscal note to the Appropriations Committee.

Mr. BRANDT. Thank you, Mr. Speaker. The reason I posed the question is that I had an amend-

ment drawn to House bill No. 188, but I did not know what happened to House bill No. 700. So at this time I withdraw the amendment.

Berson Goodman Miller. M. E. Shelton Bittle Green Miller, M. E.. Jr. Shuman Blackwell Grieeo Milliron Shupnik 13onetto Iialverson hIoclilmann Siri-1 Bradley Hamilton. J. E. Morrls Smlth. E. Brandt aammoek Mrkonie Smith, L. LIrmer liasay Mullen Spencer B u m H3skell Mullcn, M. P. Stahl Butera Hayes. D. S. Murto Stout Cessar Hayes. S. E. Myers Taylor Cirninl Hegford Novak Toll Cohen Hill Noye Thomas Cole H o ~ k i n s O'Brien Treilo Cowell Hutchinson. A. O'Connell Turner Crawford Hutchinson. W. O'Donnell Uslynoski Cumberland Irvis Oliver Vann Davies Itkin Pancoast Wagner Llavis. D.M. Johnpon, J. Psrker.H. S. Walsh. T. P. DeMedlo Katz Perri Wanraez :;:$," Kelly. J. B. Pamy Wargo

Kernick Petrarca Weidner u,,anl Klstler picvsky Westerberg Dambromn Klfngaman Pitts Whelan Dorr Kncpper Polite Whittlesey

Koiter Pratt Wilson Drcibelbb Kowalyshyn I'rendergast Wilt. R. w. Englehart K U S S ~ Pyles Wilt. W. W. Fawcett Laudadio Rappaport Wojaa- :zher ~ o u g h ~ i n Heed Warrilniv

Lehr Rcnningrr Wright Flaherty Letterman Renwick Y ~ h n e r Foster A. Levi Hichard~on Yohn ~,.t,,: W. Lincoln Rieger Zesrfoss Fryer Lynch Ritter Zeller Gallagher ~Mallderino Ross Zwikl Gallen Manmiller Ruggicro

McCall Ryan Fineman, Geesey McClatchy Salvatore Speaker

NAYS-10

A,thura Greenffeld OlKeeEe Taddonio Eckensberger Kelly. A. P. stapleton Zord Fisher Lederer

NOT VOTING--14

The question is, Shall the bill pass finally?

The SPEAKER. The Chair recognizes the gentleman from Lancaster, Mr. Brandt.

Mr. BRANDT. Mr. Speaker, may I ask a question of the majority leader?

On the question recurring, Shall the hill pass finally?

Caputo LnMarca Romanelli Tayoun oiDonato MuGraw Saloorri Valicenti Dietz Miscevieh Sullivan Vroon Gnng Rhodes

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

Agreeable to the provision [if the constitution. the yeas and nays were taken and were as follows:

YEAS-178

Abraham Geisier McCue Scheaffer Andenon, J. E. George MeGinnis Sehmitt Barber Giammarco McIntyre Schl~eder Bellomini Gillespie P:cI.ine Sdnca Bennett C.i:lctte Mebos Seltzer ~ ~ ~~ ~ ~

Beren Gleason Menhorn Shane Berlln Gleeson Milanovich Shelhamer

affirmative. Ordered, That the clerk present the same to the Senate

for concurrence.

I QUESTION OF PERSONAL I'RIVILEGE The SPEAKER. The Chair recognizes the lady from

Philadelphia, Mrs. Kelly. For what purpose does the . . . . lady rise?

Mrs. KELLY. I rise to a question of personal privilege.

The SPEAKER. The lady will state it. Mrs. KELLY. Mr. Speaker, I voted in error. I would

like to vote "yes" on House hill No. 188. The SPEAKER. The remarks of the lady will be spread

upon the record.

AGRICU1,TURE RILLS ON THIRD CONSIDERATION

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

bill No. G12, printer's No. 1135, entitled:

An Act amending the act of May 27, 1937 (P. L. 901, No. 241), entitled "An act for the protection of producers of farm produce; providing for the licensing, the bonding or holding collateral of and the regulation of certain dealers in farm produce as herein defined within this

1975. LEGISLATIVE JOURNAL-HOUSE 2789

Commonwealth; conferring powers and imposing duties on the Department of Agriculture; * * *," changlng definitions, license dates, license fees and uenalties. uro- viding for hearing of complaints by the ~ e p a r t m e n i of Agriculture and for arbitration services by the department; and further providing f o r licenses, records and duties of the department.

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

consent to offer the follow~ng amendment, which was read:

Englehart Fawcett Fee Fiseher Fisher Flaherty Foster. A. Foster. W. " ' ? Y e ,

Amend Sec. 1 (Sec. I ) , page 2, line 17 by inserting after "wool,": grain,

Grlng

On the auestion. LaMarea

Lehr Rieger Letterman Ritter Levi Rumanelli Lincoln Ross Lynch Ruggiero Manderino Ryan Manmiller Salvatore McCall Scheaffer McClatchy

NOT VOTING-10

McGraw Saloorn Rappaport Sullivan Rhodes

U'orriIow Wright Yahnrr Yohn Zearfoss Zeiier zord Zwikl

Fineman, Speaker

. ~ ~~ ~~~. Will the House agree to the amendment? / The majority required by the Constitution having voted

a currec!iiina! one. It is one that was agreed on in the Agreeable to order, cornmilike when the bill came out and would delele onc The House proceeded to third consideration of House word, "grain," from the intent of the hill. bill No. 1054, printer's No. 1208, entitled:

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

hlr . SIIELtI4RIER. Thank you, Mr. Spcalrer. Mr. Spzaker, the amendment I offer this morning is

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

Ordered, That the clerk present the same to the Sen- ate for concurrence.

On the question recurring, %il l thc House agree to the amendment? Amendment was agreed to.

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

consideration? Bill as amended mas agreed to.

Agreeable to the provision oI the Constitution, the yea!; Agreeable to the provision of the Constitution, the yeas and nays will now be taken. and nays will now he taken.

An Act amending "The Pennsylvania Plant Pest Act of 1937," approved April 27, 1937 (P. L. 318, No. go), by adding a Fruit Tree Improvement Program and providing for financing said program and further providing for certificates of inspection and dates of inspection.


~ h " SPEAKER, ~ h j ~ bill has heen considered on three different days and agreed to and is nov, on final


Abraham Anderson. J. H. Arthur3 Barber Beilomint Bennett Beren Brr1" Berson Blltle UlnCkWeU Bonetto Bradley Brandt Brunner Burns Butera Cessar c,m,ni Cohen Sole Cowell Crawfard Cumberland Davies Davis. D. M. DeMedio Deverter Dicar1o DlDonato Dletc Uinlnni Dumbrowskl Dorr Doyle Ureibelbis Eckensberger


The queslim is, shall the bill pass finally?

Geerey nlccue G ~ i s i e r MeGinnis Gcorge MeIntyrr Giammarco MeLane Giiiesple Mebus Gillette Xlenhorn Gleason Mllanovicn Gleeson Miller, M. E. Goodman Miller. M. E.. Jr. Green Milliron Greenfield Miseevich Grleco Moehlmann H a l ~ e r s o n Morris t Iam~lton. J. H. Mrkonic Hammock Mullen. M. P Hasay hIu!len IIaskell Musto Hayes. D. S. Myers Hayes. S. E. Novak Bepford Noye llill O'Brien ililpklns O'Connell :!utchinron. A. O'Donnell Hutchinson, W. O'Keefe Irvls Oliver Itkln Pancoast Johnson. J. Parker. H. S TCatr Perr i Kelly. A. P. Perry licllp. J . B. Petrarca I<crnlek Pievsky Kistier Pit& &:incaman Polite K n e ~ p e " Pliltt Koltrr Prendcrgast Kowaiy~hyn Pyles K U S S ~ Reed

Sehmitt Schweder S C L ~ I C ~ Seltzer Shane Shelllamer Sllelton Shuman Shupnik Sirianni Smith, E. Smlth. L. Spencer Stahl Stapleton s t o u t Taddanio Taylor. Thomas Toll Treilo Turner Ustynoski Vann Vroon Wagner Walsh. T. P Wansacz Wargo Weidner Westerherg m e l a " whlttleaey Wilson Wilt, R. w. Wllt. W. W. Wojdak

i b r a h a m C.eisler McCue SeheaRer ~ n d e r s a n , J. H. Oeorge McGinnis Schrnitt I r t h u ~ Giamrnarco IMeintyre Ichwcder :tarher Sillesple McLane Sririca 3cllomlni C.;llette Mebus Seltzer ".:"nett G lenson Menhorn S11ane iierrn G l e e ~ o n Mllanovieh Shelhamer iicrlln Goodman Miller. M. E. Shelton se rsan Green Miller. M. E.. Jr. Shu- B?ttle Greenfield Milliron Shupnik :!uckweU Grieeo M i ~ e e v i ~ h Siriannl :ant-tto tinlverson P.loehlrnann Smith. E.

Bradley Ilamiltan. J. EZ. Morris Smith, L. Brandt Hammock Mrkonie Spencer ilrunner H a ~ a y Mullen. M.P. S m l ,+urns Iiilskell Mullcn Stapleton :utera Hayes. D. S. Musto Stout

'.:csrar 1i:iyes. S. E. Myers Tsddonio :tmlni Ilcpford Novak Taylor Conen Hill Noyc Thomas Cole I I o ~ k i n s O'Brien Toll

~ ~- Co.well Butchinsan. A. O'Connell Turner i n w f o r d ~lutchmson. W. O'Dnnnell UPynoski ?umberland lrvis O'Keefe Vsnn Da..,ies Itktn Oliver Vroon -, . .

r i . is. D. M. Johnson. J. Fancoast Wagner IlcMedio tiiatz Parker. H. S. Wnlsh. T. P. aeverter Kc.!ly, A. P. Perr i W-cz Iliearlo !C"ll". J. a. P, iT., 1v.rsn

, lor= Iqnepper Polite Whlttlesey 7oyle IColter Pra t t Wilson '3relbelbls Kowalyshyn Prrndergast Wilt. R. W. Eckensbrrger iirisse Pyleli Wilt. W. W.

2790 LEGISLATIVE J O U R N A l G H O U S E September 30,

Fawcett Laughlin Reed Viorrilow Fee Ledercr Renninger Wfight Flscher Lehr Renwlck Yahner Fisher Lettermnn Richardson Yohn Flaherty Lev1 Rlegrr Zearfasa Foster. A Lincoln Ritter Zeller Foster. W. Lynch Romanelll Zord Fryer M.mderin0 ROSS Z w M Gallagher Manmiller Ruggiero Gallen nlcCail Ryan Nneman. Garzia McCiatehy Salvatore S~ealiel Geese?

NOT VOTING-I1

Caputo LaMarca Saloom Trello UiDonato ~McGraw Sulllvnn Valicemti ring Rhodes Tayoun

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

Ordered, That the clerk present the same to the Sen- ale for concurrence.

Abraham Anderson. J. H. h r t h u n bell om^ Bennett Beren Berlin Bittie Bradley nrannt

~ ~~.. Brunner Burns Butera Cessar Cimlnl Cole Crawlard Cumberland [lavies Davis. D. M. 'IeMedlo DeveRer Dicarlo DiDonato tlietz Dininn1 3ombroxmk.l DO,',' Doyle Dreibelbls Sckensberger Englehart

Agreeable to order, Fawcett I Fee The IIouse uroceeded to third consideration of Senate ricph.r

bill No. 196, piinter's No. 196, entitled: I ;;;he;' X-netor d

Geesey McClatehy Geislrr McCue George McCinnlS GiammarEO Mclntyre Gil le~pie hIcLane Glllette Mebus Gleason nlenhorn

An Act amending the act 0: April.9, 1929 (P. L. 177, No. 175), entitled "The Administrat~ve Code of 1929," providing for a State Board of Physical Therapy Exam- iners in the Department of State.

Goodman Milanovich Green Miller. M. E. Grirco Mlilcr. M. E.. Jr. Halver~arn Milliron Hamilton. J. 8. Miscevich IIasay Morris FIaskell Mrkonle Hayes, D. S. Mulien, M. P. Hayes, S. E. hlullen Hrpford Mosto IIill Novak Honkins Noye Hutehlnlon. A. O'Rrim FIutchin~on. W. O'ConneLl Katr O'Donnell Kelly, A. P. O'Keefe Kelly. J. B. P;mcuast Kerniek Parker. H. S. Kistier I'ern Klingaman Pctrarca 1Cnepprr Pitts

. - .-. , . -. Foster. W. Frser ' '. llagher ..d Gallen Ga~z1a

Kolter Polite Kowaly~hyn Prendergs~t Ku:-se Pyles Laudadio Rennlnger Laughlin Ilcnwick Lcderer Rleger Lehr nomanelll Lettermen Rcss Lev1 Ruggiero Lincoln llyan Lvnch Salvatore M;anmiller ScheaRer McCaII Schmitt

Sellwcder s1,anr Shelhamel Shelton Shuman Shupnllc Sirlanni Smith. E. Smith. L. Spencer Stahl Stapleton stout Tndeonio Taylor Thomas Toil Trello Turner Ustynoski Vann Vroon Wagner Wabh. T. F Wsnsacr WBZ'FD Wririner Wrstrrberg Wllelan Wliittlc~ey Wilson Wilt, H. W. Wilt. W. Vi. w"rri1ow Wr,ght Yahner Yohn Zearfoss Zeller zorti Zwikl

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

consent to offer the following amendments, which were read:

Amend Title, page 1, line 21, by removing the period after "State" and inserting: and restricting the duties of employes who have been convicted of or admit to acts of deviate sexual intercourse.

Amend Sec. 2, page 3, line 2, by striking out "a section" and inserting: sections

Amend Sec. 2, page 3, by inserting between lines 2 and 3: Section 224. Restrictions on Duties of Cer ta in Em- ployes.-Any person convicted of violating the provlslons of 18 Pa. C. S. $ 8 3123 or 3124 (relating to deviate sexual intercourse) or who has ,admitted to acts that would constitute deviate sexual intercourse shall not be permitted to perform any duties relating to (i) persons confined in a penal, reform or correctional institution, (ii) juveniles, (iii) law enforcement as a police officer, (iv) the mentally ill or (v) the mentally retarded.

NAYS-25

Barber Glccsan M y e r ~ Richardson

:;::&,, Grccnfleid Oliver Scirlce IIamrnoek Perry \Yajduk

Bone110 Irvis Pievsky Cohen nkin Pratt Fineman. Cowell Manderino Ranpaport Speakcr Fiaherty Moehlmann Reed

NOT VOTING-12

LaMarca Rittcr Sullivan McGraw

J. Rhodes Saloom Tayoun Seltzer ValicentJ

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

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

consideration? Bill as amended was agreed to.

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

The SPEAKER. The Chair recognizes the gentleman

amendment simply prohibits the hiring or assigning o: homosexuals in mental institutions, correctional institutions or on police forces.

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


from Blair, Mr. Wilt. Mr. W. W. WILT. Mr. Speaker, I have offered these

amendments before to other Senate bills and, of course, I had to change the language in this amendment. Thc

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

Agreeable to the provision of the Constitution, the yea5 and will now be taken,

YEAS-182

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

Abraham Carria McCall Ryan Airderson. J. H. Geesey McClatchy Salvatorr Arthurs Geisler MeCue Seheaffer Barber George McCinnis Schmitt Bellomlnl Giammareo Mclntyre Schweder Bennett Gillesple MeLane Seltzer Beren Gillette Mebus Shane Beriln Gleason Menhorn Shcihamer Bittle Gleeson Milanovich Shellon Blackwell Goodman Milllron Shupnlk Bonetto Green Miller. M. E.. Jr. S M a m ~ l

MY. ROMANELLI. I rise to a question of personal ~rivileee.

NAYS-10

1975. LEGISLATIVE J O U R N A L H O U S E 279 1

Bradley Greenfield Miller. M. E. Smith. E. Brandt Grieco Miscevrch Smith, L. Brunner Halverson Moehlmann Spencer Burns Hamilton. J. H. Morns Sfalli Butera Hammock Mrkonie Stapleton Cessar Harkell ~ u i l e n Stout Cimini Hayes. D. S. Muilm, M. P . Tnddonlo Crlhen Haws . S. E. Musto Taylor Cole HepIord Myers Thomas Cowell Hill Novvk TOII Crawfard H O B ~ I ~ S Noye Turner Curn1,erland Hutchinson. A. O'Brien Ustmoskl Davies Hutehlnson. W. O'Connell Vann Davis, D. M. Irvts O'Doonrll Vroon DeMedio I tkin O'Kerfe Wagner Deverter Joilnson. J. Pallcoast Waish. T . P.

Parker . H. S . Wansacr Diearlo Katz DlDunato Krily, A. P. Per r i Wargo Dietr Kelly, J . B. Per ry Wetdner Dmlnnl Kernick Petrarca Westerberg Dnrnhromskl Kist l r r Pievsky Whelan Dorr Kiineaman Pi t ts Whlttlesey Doy:e Koltcr Polite WtLrnn D r e i b e l b i Xnwalyrhyn Pra t t Wilt. R. W. Eckensberger Kusse Prendergast Wlit. W. W. Eiiglehan Laudadlo Pyies Woldak Fawcett Laughlin Renninger Worrilow Fee Lederer Henwlck Wrlght P'ischer Len" Richardson Yahner Firher Let terman Rieger Yohn Foster. A. Levi Ritter Zearfoss Foster. W. Lincoln Rornanelii Zeller F ryer Lyrich ROSE Zord Gallagher Manderlno Ruggiero Zwikl Gallen Manmiller

NAYS-10

Berson Oliver Sr i r i c l Finernan. Slaherty Rappaport Shurna;, Spealre: Hasay Reed Trello

NOT VOTING-10

Caputo LaVal.ea Saloom Tayoun Grzng McGraw SuUlvan VaUeentl Knepper Rhodes

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

Ordered, That the clerk return the same to the Senatr with information that the House has passed the same with amendments in which the concurrence of the Senate is requested.

QUESTION OF PERSONAL PRIVILEGE

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

ment of wild birds or wild animals protected hy the act.


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



YEAS-181

Abraham G a r a a MeCiatchy Salvatore Anderson. J. H. Geesey MeCue Scheaffer Arthurs Grlsler McGinnis Schnlltt :larber George Jvlclntyre Schweder Brilominl Giammarco hlcLane Scirica Bennett Giilesple Mebus Seltzer Beren Glliette Ml lanovi~h Shane llcrlln Gleason Miller. M. E. Shelhamcr Bersun Gleeson Miller, M. E.. Jr. Shelton Bittle Goodman Ml l l~ ron Shupnik niackwell Green Miseevieh S l r ~ e n n i nunet to Greenfield Moehlmann Smith. E. Bradley Grieco Morris Smith. L. Brandt Haiverson Mrkonic Spencer Uvunner H ~ m l i t o n . J. H. Muiien. M. P. Stahl Burns Iiammock Musto Stapleton ~ u t e r a Haskell iviyers Stout Cimlnl Hayes, D. S. Novak Taylor Cuhen Hayes. S. E. ~ o y e Thomas Cole Hepfard O 'n r ien Toll Cowell Hill O'Connell Trello Crawiord Hopkins O'Donnell Turner Cumberland Hutchlnson. A. O'Keefe Ustynoskl Uavies I?utchmson. W. o l ive r Vann D ; ~ I s , D. M. lrvls Paneoart Vroon DeMedio Jl~hnson. J. Parker. H. S. Wagner Ucverter Katz Per r i Walsh. T. P. D ~ c a r l o Keliy. A. P. perry Wargo g:,"pto Kernlck Petrarca Weidner

Kistler Pievsky Westerberg ~ i n i n n l Kilnearnan Pi t ts Wheian ! > u m b r o ~ ~ k I Knepper Polite Whlttlesey Dorr Kultcr P r a t t Wilson D O Y I ~ Kowalyshyn ~ r e n d e r g a s t Wilt. R. W. V'eibelhfs Kusse Pyles Wilt. W. W. Eckensberger Laudadlo Rappaport Wojdak Englehart L.aughlin Reed Wrrght Faweett Lederer Renninger Yahner Fee Lehr Ren wick Yohn Fischer Let terman Richardson Zear fou Flaherty Levi Rieger z e i ~ e r Foster. A. Lincoln Rit ter Zwikl F:;F:w. Lynch RomanelU

Manderlno Ross Finernan, ~ a l l a g h e r Manmiller Ruggiera Speaker Callen McCall Ryan

T ~ ~ ~ P E A K E R . The gentleman will state it. Mr. ROMANELLI. Mr. Speaker, I was off the floor

when you considered Senate bill No. 24. Had I been in my seat, I would have voted in the negative on all the arncndments and for the hill.

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

CAME AND FISHERIES BILLS ON THIRD CONSIDERATION

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


An Act amending "The Game Law," approved June 3. 1937 (P. L. 1225, No. 316). authorizing Pennsylvania Game Protectors to use a flashing or rotating red light on of- ficially marked Game Commission vehicles to stop and inspect vehicles for the illegal transportation or conceal-

cessar Belly. J. B. Taddonlo worrf low

222;; Menhorn Wansacz Zord Shuman

NOT VOTING-11

Caputo LaMarc.% Rhodes Tayoun Grlrlg McGraw Saioom Valieenti i tk in Mulien Sullivan

The lnajirity required by the Constitutinn having voted in the affirmative, the question was determined in the aflirmative.

Ordered, That the clerk present the same to the Sen- ate for concurrence.

QUESTION OF PERSONAL PRIVILEGE

~ h , SPEAKER. ~h~ chair the gentleman 'ram Erie, Hopkins, ~ For what purpcse does the genlleman rise?

LEGISLATIVE JOURNALHOUSE September 30,

Mr. HOPKINS. I rise to a question of personal privi- On the question recurring, lege. Shall the bill pass finally?

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

The SPEAKER. The gentleman will state it. Mr. HOPKINS. Mr. Speaker, my switch was not work-

ing on the vote on Senate hill No. 24, printer's No. 1235, and I would have voted in the affirmative.

BerSOn Agreeable to order, Bittle The House proceeded to third consideration of House Blackwen

Brnndt bill No. 1461, printer's No. 1715, entitled: R I , + ~ ~ .

Agreeable to the provision of the constitution, the yeas and nnys were taken and were as follows:

YEAS-110

"." On the questlon, i ~ a v ~ e s Will the House agree to the bill on third consideration? gf&?z Bill was agreed to. DlDonato

An Act amending "The Game Law," approved June 3, 1937 (P. L. 1225, No. 316), increasing the fees for replacement hunting licenses and providing penalty for giving false statement.

~

Cessar Cimlnl cohen c o i e Coviell ".2x."+m4

-- - -

Gallen McCue Geisler McGinnis Giammarco Mc:Intyre Gleason ~wcLsne Gleeson Mebus Goodman Menhorn Greenfield Miller, M. E. Gricco .Clilliron IIaskell xrkonic Hayes. D. S. hiusto IIayes, S. E. Myers Hill Noye Hopklns Q'BrIm I I u ~ c I I ~ s o ~ . W. O'Donnell Irvis Oliver 1 1 y A. P Panroast Kclly, J. B. Parker. H. S Kcrnick Pic\sky Klingaman Polite Kncppcr Prrndergast Kowalysllyn Pylcs K U S S ~ Rappaport Laudadio Reed Laughlin Rmninger ~ e d e r e r Rcnl~ ick Levi Richardson Mandeiino Rtcger M-nmiller Ruggiero

NAYS-81


The question is, Shall the bill pass finally?

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

Mr. LETTERMAN. Mr. Speaker, I would like to speak on this bill, please.

Scheaffer Schmltt Sciricn Shane She1hame-I Shelton Siriannl Smith. E. Taddonlo Thomas Tall Ustvnoskl

Dieta Dorr

~ ~ ~ ~ ~ ' ~ : g u Znglehart *.aweett

g",'h2sy F O , ~ , ~ . A. roster. W. Gallagher

Westerberg Wilt. R. W. Wilt. W. W . Waldak ~ o i r i ~ o w Yehner Yohn zealtos8 Zeller Zord zwikl

Fineman, Speaker

The SPEAKER. You would like to speak on the hill? Mr. LETTERMAN. Yes, please. The SPEAKER. Are you going to speak in the negative

or in the affirmative? Mr. LETTERMAN. Negative. The SPEAKER. Did you look at the board? Mr. LETTERMAN. Yes, sir. The SPEAKER. Do you still want to speak on the hill? Mr. LETTERMAN. Yes, sir.

The SPEAKER. The Chair recognizes the gentleman for 15 seconds.

Mr. LETTERMAN. Thank you, Mr. Speaker. Mr. Speaker, I feel that this is asking us to say to a

person who loses a license that he should pay half of the cost of that license. Now we have put it up to the residents; we have not put it up to the nonresidents for about 3 years.

One of the worst things I just heard was that New York has just raised their nonresident fee to $84. You know, I can just visualize the Game Commission saying to me, oh, we cannot do that because we have got to run a ratio in the State of Pennsylvania. We are letting our hunters really be ripped off who want to go out of this state and hunt. Then we come back and we want to say to a resident hunter, when you lose a license, you have got to pay half of the cost to replace that lost license.

They will use the argument that a lot of people are us- ing the lost-license theory for getting the second deer, killing the second large animal. I want to tell you, if our game protectors are not good enough to protect us against this, then I do not think we should penalize the people who legally lose their license and ask for a replacement. You cannot show me anything else in this state that charges you half fnr losing that license, and I think it is about time some of us start to support some of the resident hunters in this state.

Thank you.

Gillcsplr Miller. M. E., Jr. Seltzer r.nderaon. J. 8. G~llette ~ l i i s c c ~ i c h Shuman Arthum Green hloehlmann Shupnik Bellominl Haiverson Idorris Smith. L. Bennett Hamilton. J. H. Mulien. M. P. Spencer nonetto 11ainmock ~ u l i e r i Stahl Bradley Hasay Koiair Stapleton 3runner IIepford O'Connrll Stout Burm 1lutch"son. A. O'Keefe Taylor Cumberland Johnson. J . Perri Trello Davls, D.M. Katz Perry Turner DeMedfo Klstler Petrsrca Vroon Dininnl Kolter Pitts Wagner 1)ombrowsll Lehr ~ r a t t Wansacz Doyle Letterman Ritter Wargo Fee Lincoln Humanelll Weidner Fisher Lynch ROSS Whelm Frye? M~Call Hyan Whittlesey

McClatchy S3ll atore Wilson Geeseu Milano~~ich Schwrdrr Wright George

NOT VOTING-11

Beren Itkin Rhodcs Tayoun caputo LaMarea ssloorn Valieentl Gting MeGraw si~i l irnn

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


QUESTION OF PERSONAL PRIVILEGE The SPEAKEB. The Chair recognizes the gentleman

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

Mr. PITTS. I to a pcrsonal privilege. The SPEAKER. The gentleman will state it. Mr. PITTS. Mr. Speaker, I would like to correct a vote.

I inadvertently voted "nay" and I wanted to he recorded "yea" on House bill No. 1461.



Fee Ledrrer Renwick Yohn Fischer Lehr Richardson Zeirfors Fisher Letterman Rieger Zeiler Flaherty Levi Rltter Zord Foster. A. Lincoln Romanclll Zwikl Foster. W. Lynch Ross h y e r Manderino Rug ie ro Flneman. Gallagher Manmil l r~ Ryan Speaker Gallen McCall Salvatore

NAYS-2

McCue Wagner

NOT VOTING-11

Caputo LaMarca Saloom Valleenti Gring McGraw SuIiIvan Wojdak Itkin Rhodes Tayoun

l-he majority required by the csnstitution having voted in the affirmative, the question was determined in the affirmative.

Ordered, That the clerk return the same to the Senate information that the H~~~~ has passed the same

without amendment.



An Act amending the act of August 9, 1955 (P. L. 323, No. 130). entitled "The County Code," making certain audits mandatory.


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


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

YEAS-192

Abrahsra Geeley McWnnls Schmltt Anderson. J. H. Geisler McIntyre Schweder A ~ t h u m George MeLane Sclrica Barher Giammarco Mebus Seltzer Bellomlnl Gillespte Menhorn Shane Bennett Gillette Milanovlch Shelhamer Beren Gleason Miller. M. E. Shelton Berlin Gleeson Miller. M. E., Jr. Shuman Berson Goodman Milliron Shupnik Bittle Crecn Miscevich Siriannl Blackwell Greenfield Moehlmann Smith. E. Ronetto Grieco Morris Smith. L. Bradley Halverson Mrkonie Spencer Brandt Hamilton. J. 8. Mullen. M. P. Stahl Brunner Hammock Mullen Stapleton BUIN Hasay Musto Stout Butera Haskell Myers Taddonio Cessar Hayes. D. S. Novak Taylor Cirnlnl Hayes. S. E. Noye Thomas Cohen IIcpford O'BI~CII Toll Cole Hill O'Connell Re110 Cowell I l o ~ k l n s O'Danneil Turner Crawford Hutchinson. A. O'Keefe Ustsnoskl Cumberland Hutchinson. W. Oliver Vann Daviea Imis Paneoast Vrwn Davis. D. ?d. Johnson. J. Perker, H.S. Wagner DeMedio Katz P e ~ r i Wslsh. T. P. Deverter Kelly. A. P. Perry Wansaca Dicarlo Kelly. J. B. Petraica Wargo DiDonato Kerniek P l e v ~ k y Weldner Dietz Kistler Pitts Westerberg Dintnnl Klingaman Pollte Whelan Dombrornkl Knepper Pratt Whittleeey DOLT Kalter Prendergast Wilson Doyle Kawalyshp Pyles Wilt. R. W. Dreihelbh Kusse Rappaport Wilt. W. W. Fxkensberga Laudadlo Reed Waldak E n ~ l e h a r t Laughlln Renn in~e r Warrilow Fawcett Lederer Renwiek Wright

Fee Lehr Richardson Yahner Fischer Letterman Hlegrr Yohn Fisher Levi Ritter Zeaifoss Flaherty Lincoln Rominelli Zrilcr Poster. A. Lynch ROSS Zord Foster. W. Manderina Ruggiero Zwikl F ~ g e r Manmliler Ryan Gallagher MeC?II Salvatore Flneman, ,:alien McClatchy Scheatfer Speaker Garzla McCue

NAYS-0

NOT VOTING-10

Caputo LaMalea Saloom Tayoun Gnng McGraw S u i l l v a Vailcentl Itkln Rhodes

The majority required by the constitution 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 with amendments in which the concurrence of the Senate is requested.


bill No. 672, printer's No'

An Act amending the act of June 23, 1931 (P. L. 932, No. 317). entitled "The Third Class City Code." permitting advertisement of the titles and summarizations in lieu of the entire text of ordinances.

On the question, Will the House agree to the bill on third consideration? Bill u,as agreed to,


The question is, shall the bill pass


YEAS-161

andemon. 3. E. Foster. W. ~ a n d e r i n o Ryan 4rthum Fncr Manmiller Salvatore Sarber Gallagher MrCall Scheafler eellomlnl alle en McClatehy Sehmitt Sennett Galdn McCue Srhwrder Beren Gelsler McGinnis Seltzer Bcrlln G lammmo McIntyre Sllane 'irrson Glllette MeLane Sheiton Hittle Gleeeon Mebus Shupnik T?laekweU Goodman Milanovich Sirianni ':onetto Green Milliron Smlth. E. Sradleg Greenfield Moehlmann Smith. L. R ~ a n d t Grieeo Morris Spencer Drunner Haivemon Mrknnic Stanleton B u m Hamilton. J. 8. M~tllen. M. P. Stout 9utera Hammock Mullen Taylor Sessar Bnsay Musto Thomss Cimlnl Haskell Myers Toll Cohen FIayes. D. S. Novak m e r Cole Ffsses. S. E. Noye Ustynoski Cowell ITrnlord O'Bdm Vann Crawford Hill O'Connell Vroon Cumherland 1Iopl:lnr WD~ore l i lXTalsh. T, P. '3rivle. Fftltchinson, W. Oliwr Wansael .hub. D. M. IwI. Pancoast Weidner neMedlo Johnson. 3. Parker, 11. J. Westerber~ Dlcarlo Katz Perri Whelm DlDonata Kelly, A. P. Perry Whlttlesey Dietr Kelly, J. B. Picvsky Wllson Dininn1 I<ernlck Pltts Wilt. R. W. '>nmbrornld Kljngnrnan Polite Wilt. W. W. Dorr Kolter Pratt Wojdak Doyle Kowalyshyn Pr~ndergadt W~riailt Dreibelbil Kunse Pylc. Yehner Enslehart Laudrdlo Rsp~anor t Yohn Fawcett Laughlin nrnninger Z~QI~OSB

1975. LEGISLATIVE J Q U W N A k H O U S E 2797






YEAS-191

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



YEAS-171

Abraham Grisler nlcCue Schmltt Anderson, J. 8. George McGinnls Sehwrder Arthllrs Giainmareo Mc~ntyre Sclrica Barber Giilernte McLane Seltzer Bellomlni Gilictte Mebua Shane Bennett Cilrason Mcnhorn Shehnrnw Beren Gleeson Milanovleh Shelton Berlin Goodman nliller. M. E. Shumm Berson Green Milliron shupnik Bittie Greenfield Miscevich SI"mnl Blackwell Grieco Moehlmann Smith, E. Bonett.3 Halverson M ~ r r i s Smith. L. Bradley Hamilton. J. H. Mrkonlc Spencer Brandt Hammock Mullen Stahl Brunner Hasay Mullen. M. P. Stapleton Burns Haskell Must0 Stout Butera Ilavcs. D. ri. Myers Taddonlo Cessar IIuyes, S. E. Novak Taylor Ciminl Hepford Noye Thomas Cohen Hlll O'Rrien Toll Cole Hunkins O'Connell Treno Cowell Blltrhlnson. A. O'Donnell Turner Crawford Hutchinson. W. O'Keefe Us tyn~ ik l Cumherland Iwls OUver Vann Davles Itkln Pancoast Vroon Davis. D. M. Johnson. J. Parker. H. S. Wagner DeMedlo Katz Perri Walsh. T. P Deverter Kelly, A. P. Perry Wansacz Dlcarlo Kelly. J. B. Petrarra Ware" Dietz Kernlck P i ev~ky Weldner Dinlnnl Kistler Pitts Westerberg DombrowM Xlineaman Tolite Whelan Dorr ICnepper Pratt Whittlesey Doyle Kolter Prenrfereast Wllson D~clbelhls Kowalyshyn Pyles Wilt. R. W. Eckensberger K~rsse Rappaport Wllt. W. W. Englehart Laudadlo Reed Wojdak Faweett Laoghlln Rennlneer Worrilow Fee Lederer Renwfck Wrlght Fiseher I.ehr Richardson Yshner Fisher Letterman Rieger Yohn Flaherty Lev1 Rittrr Zearcoss Foster. A. Lincoln Romanelll Zeller Foster. W. Lynch Ross Zord Fryer Manderino Rueaero ZTnilrl Gallagher Manmiller Ryan Gallen McCall Salvatore Fineman. GarzLa MuClatchy Scheaffcr Speaker Geesey

NAYS-0

NOT VOTING-11

C a ~ i l t o LaMarca Rhodes Tayoun DiDonato MCGTSW Saloom VeUeentI Gr1r;g Miller. M. E., Jr. Sullivan



An Act amending "The County Code," approved August 8, 1955 (P. L. 323, No. 130), requiring voters' registration offices to he open on Saturdays.

4braham Gclnler McCall Ruggiero Barber George McClatchy Ryan ReilamM Glammarca McCue Salvatore Rennett C.illesple MrGinnis Scheaffer Uercn Gillette McTntyre Schmitt i3erlln G'easm McLane S~hwec!~?~. Oerson G!ccson Mcbus SCiriee 13Lttle Goodman Menhorn Shelharncr Hiackwell Green Milanovich Shelton sonetto "r~enfleld M i l 1 M. E Shurnan Bradley Gtieco MilIe~. M. E.. Jr. S h u ~ n i k Bl'6"dt Hnluenon Milliron Smith, E. Lircinner Hamilton. J. 8. Miscrvich Spencer nurns Hammock Morris Stahl 13utcra A ~ S B Y n%rkonic Stapletoll Cesser IIaskell Mollen Stout Cimint Hayes, D. S. Mullen. M. P. Taddonio Cohen Hayes. S. E. Musta Taylor Cole Hepford Myers Thomas Cowell Hill Novak Toll Crawtord H o p k i ~ O'Brlen Re l lo Cumberland Hutchinson, W. O'Connell L'stynoskl navie. IIYIS o ' n o n n e ~ ~ V m 73,is. D. M. Itkin O'TCeefe Vroon "eMedlo Johnson. J. Oliver Wagner ncvrrter Katz Pzrkcr. H. S. Welsh. T. P. nlcarlo ICclly, A. P. Perti W~nsncz Dietz Kt4y. J. B . Perm Wmgo DombroanW Kernielr Petrurra Hmelan Doyle Kistler Pi,-"sky Whittlcscy Drelbelbb Wingaman Pitts Wilxon Eckensberger I<nepprr Polite Wllt. R. W. 'Inelehart Kolter Pratt Wojdak i'dwcen Kowalyrhyn Pylr. Worrilow Pee Laudadlo Rappaport Wright Fischer 1.aughlin Reed Yahner Fisher 1.ederer Renninger Yohn Flaherty I.ehr Renwick Zearfos. Foster, W. Lev1 Richards011 Zeller Fryer 1,incoln Rieger Zwikl :;illlagher Lmeh Ritter Gallen Manderino Rommelli f i e m a n . Garzla Manmillv Ross Speaker Geesey

NAYS-20 Anderson. J. H. IIutchlnson. A. Prendergast Turner Arthum K U S S ~ Seltzer Weldner '3inlnnl Moehlrnann Shane Westerbere Uom Noye Sirianni Wilt. W. W. Foster. A. Pancoast Smith. L. Zoid

NOT VOTING-I1 Caputo LaMnrea Rhodes Tayoon 7 r Donato Letterman S ~ l o o m VallCMtl Gdng McCrow Sullivan

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


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

CONSUMER PROTECTION BE1,LS ON SECOND CONSIDERATION

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

hill No. 616, printer's No. 2233, entitled:

An Act to provide reasonable standardization and sim- plification of terms and coverages of individual accident and health insurance nolicies and subscriber contracts of health plan corporations, nonprofit health service plans and certificates issued by fraternal benefit societies to facilitate public understanding and comparison ****.

LEGISLATIVE JOURNALHOUSE September 30,

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

bill No. 647, printer's No. 726, entitled: bill No. 655, printer's No. 734, ent~tled:

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

Ordered, to be transcribed for third consideration.



And said bill having been considered the second time 1 Agreeable to order,

An Act amending "The Insurance Department Act of one thousand nine hundred and twenty-qne," approved Miy 17. 1921 (P. L. 189, No. 285). empowermg and authorizing the Insurance Commissioner or a deputy to proceed to prohibit and restrain certain persons and entities from transacting business as an agent or solicitor without being properly licensed and providing for the procedure and conditions for an injunction or other process.

and agreed to, Ordered, to be transcribed for third consideration.

An Act repealing section 533 of the act of May 17, 1921 (P. L. 682, iY?. 284), known as "The Insurance Company Law of 1921, relating to mutual fire insurance companies organized before May 1, 1876.





An Act amending "The Insurance Department Act of one thousand nlne hundred and twenty-one," approved &lay 17, 1921, authorizing the Insurance Commissioner or a duly designated deputy to institute prosecution under certain penalty sections.

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




An Act amending the art of January 24. 19fi6 (19fi5. P. L. 1509, No. 531). entitled "An act relating to regulating tax- ing, supervising and controlling the placing of insurance on risks located in the Commonwealth of Pennsylvania with insurers not licensed to transact insurance business in Pcnnsylvania ***," changing conditions related to an unlicensed insurer being or becoming an eligible surplus lines insurer.



Agreeable to order, The House oroceeded to second consideration of House

he House proceeded to second consideration of IIouse bill No. 656, printer's No. 2236, entitled:

An Act amending "The Insurance Company Law of 1921," approved May 17, 1921 (P. L. 682, No. 254), further regulating reinsurance.



GAME AND FISHERIES BILL ON SECOND CONSIDERATION

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


An Act amending "The Game Law," approved June 3, 1931 (P. L. 1225, No. 316). removing the maximum amount which may be expended annually by the comii~ission for the, payment of bear damage protection or bear lam>ge claims.

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


GENERAL ASSEMBLY-RELATED RILL ON SECOND CONSIDERATION

Agreeable to order. he House proceeded to second consideration of House

bill No. 1590. orinter's No. 2192. entitled: bill No. 652, printer's No. 731, entitled: I b, A,+ ,,,,;,

th; ins61vency' of or the impairment of t h i reserves of for economic inte an assessable mutual insurance company. I for penalties.

.\greeable to order, Thz House proceeded to second consideration of House

LABOR RELATfONS BILI,S bill Ko. 653, printer's No. 2235, entitled: ON SECOND CONSIDERATION

~~d said bill having been considered the second tirne and agreed to,

Ordered, to be tronsrribed for third consideration.

An Act amending "The Insurance Department Act of one thousand nine hundred and twenty-one," approved May 17, 1921 (P. L. 789, No. 285), altering the method of comnutation of unearned premium liability and re- serve, the distribution of unallocated liability loss expense payments, the distribution of unallocated compensation loss expense payments, and removing a requirement specifying certain information to be furnished in im an- nual report or statement.



Agreeable to order, The House proceeded to second consideration of Sena:l!


An Act amending the act of June 2, 1915 (P. L. 762, No. 340), entitled "State Workmen's Inwrance Fund Law," broadening the State Workmen's Insurance Fund's per- missible coverages; permitting said Fund to join in an insurance pool; and making editorial corrections.

1975. LEGISLATIVE JOURNAL-HOUSE 2799



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

bill No. 660, printer's No. 989, entilled:

Tine SPEAKER. The report will be laid over for prink- ing under the rules.

RECONSIDERATION OF VOTE ON HOUSE RILL No. 1461

Mr. LETTERMAN moved that the vote bv w-hich

~~t the act of suly 1, 1937 (p, L, 2582, No. 470), entitled "Workmen's Compensation Security Fund Act," combining the stock workmen's compensation security fund and the mutual carrier and reciprocal ex- change workmen's compensatian seruriiy fund into a single workmen's compensation security fund.

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


IIOVSE BILL Nc. 1461, printer's No. 1715, entitled:

H~ !let uThe G~~~ ~ ~ ~ , w approved J~~~ 3, ,337 ( p , L, 1225, N ~ , 316). increasing the fees for repiace. rnent hunting licenses and providing for giving Cllse statement,

was to on final passage on Tuesday, September 30, 1975, be reconsidered.

Mr. BENNETT seconded the motion.

IZFZT, ON SECOND CONSIDERATION Agreeable to order, The House proceeded to second consider~iion of Scnate


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

HOUSE BILL No. 1461 PLACED ON FINAL PASSAGE POSTPONED CALENDAR

An Act making an appropriation to the State Court Ad- ministrator for the Nai.iona1 Conference of Chief Justices and State Court A.dministrators.

And said bill having h e m considered the second time

Mr. IRVIS called up HOUSE RESOLUTION No. 64, printer's No. 714, entitled:

M ~ . LETTERMAN that 1 1 0 ~ s ~ BILL N ~ . 1 ~ ~ 1 , printer's No. 1715, be placed on the final passage postponed calendar.

and agreed to, Ordered, to be transcribed for third consideration.

HOIJSE RESOLUTION No. 64 ADOPTED

Memorializing Congress to reenact legislation including necessary appropriations to establish a permanent program of general revenue sharing to states and localities.

On the question, Will the House adopt the resolution? Resolution was adopted.

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

CAUCUS AND RECESS ANNOUNCEMENTS

The SPEAKER. The Chair recognizes the majori!y leader.

Mr. IRVIS. Mr. Spcaker, I am about to ask for a recess of the House of Representatives until 4 p.m. In all like- lihood it will not be necessary for us to report back as a bodv to the floor at 4 n.m.

But, there are several important bills to be discussed BILL REPORTED AS COMMITTED AND in c a ~ ~ c u s . Senate bill No. 1, the flood plain bill. I am

CONSIDERED FIRST TIME AND TABLED told that there are several amendments from the Repub-

SENATE BILL No. 955 lican slde. I would urge you to get your amendments

By Mr. GALLAGHER 1 . immediately and get them to our caucus. I would urse An Act providing services for the diagnosis and correc-

tion of speech and hearing defects to nonpublic school children.

Reported from Committee on Education.

- any Democrat who has an amendment to Senate bill hTo. 1 to get that amendment immediately to our caucus and to the Republican caucus.

We also have the child abuse bill, Senate bill No. 25, which muyt be caucused on in preparation for f ~ n a l pzs-

BILL REPORTED AS AMENDED AND CONSIDERED FIRST TIME AND TAnYI,ED

SENATE BILL No. 509 By Mr. BRUNNER

torial change.

Reported from Committee on Finance.

sage in this House this week, hopefully tomorrow morning.

There are a number of bills on second reading which have been moved up to third consideration. Those bills

An Act amending the act of December 31, 1965 (P. L. 1257. No. 511), entitled "The Local Tax Enabling Act." further providing for exemptions and occupational privilege taxes, changing the rate limitation on wage or income tsxes and further providing for collection at source of wage or income taxes and repealing occupation taxes based on a percentage or millage basis and making an edi- - "

gency amendment to the Constitution of the Common- wealth for the flood damage caused by Agnes three gears ago, we limited the ability of the General Assembly to

must be caucused on in preparation for a vote possibly tomcrrow.

I would all the Inembers of this H ~ ~ ; ~ ~ to attend your respeclive cauzuses, because in each caucus we will be explaining a joint resolution made necessary by the flood emereencv of last week. When we nassed an emer-

RFPORT OF COI\~IMTTTEE OF C O N ~ E R ~ N C . ~ appropriate money to individuals just to those floods

ON HOUSE BILL No. 182 that we named in that special amendmal~t. It is necessary for US to consider now another emereencs amend- - .

Mr. MANDERINO presented the report of the Cnmmit- meit . That amendmollt will be explained in each raupus. tee of Conference on House bill No. 182. So there are important things to be caucused on.

2800 LEGISLATIVE JOURNAL-HOUSE September 30,

We mag or may no1 ask you to come back to the floor. 1 HOUSE BILLS INTRODUCED AND REF 4 ERRED

stitutional amendment. Then I am noincr to urge that we I Referred to Committee on Judiciary.

It is my estimate now, because we have completed the scheduled work, that we will not be voting this afternoon, but there is that possibility, if the Republican leaders and the Democratic le.~ders can agree on the amendments to be taken on the floodplain bill or the child abuse hill, or on action which can be taken on the emergency con-

By Mr. SCHMITT, Mrs. GILLETTE, Messrs. PETRARCA and BONETTO HOUSE BILL NO. 1757

An Act amending the "Eminent Domain Code," approved June 22, 1964 (Sp. Sess., P. L. 84, NO. 6 ) , remov- Ing the three year limitation on excluding flood damage.

take that action today and we shall be asking you to come back on the floor.

So, I urge yon not to disappear; not to assume that you are not coming back. We may very well be asking you to come back at the conclusion of the caucus and it may be prior to 4 p.m., if the caucuses do not last that long.

Mr. Speaker, I would like to have the caucus start at 12:45 a.m. Take lunch now; then caucus at 12:45.

9:30 a.m. I SENATE BILL No. 620

By Messrs. KOLTER, LAUGHLIN and MILANOVICH HOUSE BILL No. 1758

An Act authorizing and directing the Department of General Services, with the approval of the Governor, to convey to the Borough of New Brighton, Beaver County, Pennsylvania, tracts of land.

Referred to Committee on State Government. Mr. Speaker, at this time I would request a recess until

3 o'clock. The SPEAKER. For the information of the member-

ship of the House, in the event we do not come back to the floor today, u7e will reconvene tomorrow morning at

SENATE MESSAGE The clerk of the Senate, being introduced, presented

for concurrence bill rlumbered and entitled as follows:

REPUWLICAN CAUCUS

The SPEAKER. The Chair recognizes the gentleman

Arl Act amending Title 18 (Crimes and Offences) of the Pennsylvania Consolidated Statutes, prohibiting the use of psychological stress evaluators, audio-stress monitors and similar devices without consent.

from Luzerne, Mr. O'Connell. Mr. O'CONNELL. We would like to do the same, Mr.

Speaker. We will have lunch and then caucus at 12:45. I have a suggestion, if I may. If any committee chairmen have meetings called for that particular time, I wish they would suspend them so that we could have a caucus without only half of the members attending.

Thank you.

.~-. -.~ .... Mr. WOJDAK. Mr. Speaker, there is an Appropria- By Messrs. KUSSE, CUMBERLAND, PITTS, W. W.

tions Committee meeting scheduled for 12 o'clock in the FOSTER, Miss SIRIANNI, Messrs. E. H. SMITH, Anpronriations Committee room. HALVERSON. KLINGAMAN, R. W. WILT,

Referred to Committee on Judiciary.

HOIJSE RESO1,UTIONS INTRODUCED AND REFERRED

By Messrs. SALVATORE. MYERS, GIAMMARCO and KATZ RESOLUTION No. 159

The Speaker of the House of Representatives appoint a

APPROPRIATIONS COMMITTEE MEETING

The SPEAKER. The Chair recognizes the gentleman from Philadelphia. Mr. Wojdak. For what purpose does the Pentletman rise?

I HASKELL, RENWICK, LAUDADIO, TURNER,

EDUCATJON COMMI'ITEE MEETING HOPKINS, LEVI, MANMILLER, GREEN. WAGNER, SHELHAMER, MRKONIC and GEORGE

bipartisan committee of seven members, four fr6m the majority and three from the minority, to immediately conduct a thorough investigation to determine the cause of the blaze and suggest methods to prevent such catas- trophies in the future.

Referred to Committee on Rules,

The SPEAKER. The Chair recognizes the gentleman 1 RESOLUTION No. 160

--

Mr. DOMBROWSKI. I rise to a question of a personal HASKELL, RENWICK, LAUDADIO, LEVI, TURNER, wrivileee. I GREEN, HOPKINS, MANMILLER. WAGNER.

from Bucks, Mr. Gallagher. Mr. GALLAGHER. Mr. Speaker, the Education Com-

mittee meeting will convene at 12:30 in room 401.

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

from Erie, Mr. Dombrowski. For what purpose does the gentleman rise?

The House of Representatives of the Commonwealth of Pennsylvania condemn the Columhla Broadcasting System and its producer, John Drasnin, for the misleading biased and connived production entitled "The Guns of Autumn."

Referred to Committee on Rules.

By Messrs. KUSSE, CUMBERLAND, PITTS, W. W. FOSTER, Miss SIRIANNI, Messrs. E. H. SMITH, HALVERSON. KLINGAMAN. R. W. WILT.

The SPEAKER. The gentleman will state it. Mr. DOMBROWSKI. Mr. Speaker, on the Turner

amendments to Senate hill No. 24, I inadvertently voted in the affirmative. I wish to be recorded in the negative.

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

The Chair will take reports of committees, without objection.

SHELHAMER, MRKONIC and GEORGE RESOLUTION No. 161

House of Representatives of the commonwealth of Pennsylvania demand that the Federal Communications Commission investigate the production, editing and broaclcasting of the documentary entitled, "The Guns of Autumn."


LEGISLATIVE JOURNALHOUSE

Bv Mcssrs. DiCARLO. BENNETT. COLE. SHUMAN. I RECESS

GLEASON, WHELAN, DORR, DeVERTER and The time of recess havlng expired, the House was called L. E. SMITH RESOLUTION No. 162 to order,

YAIINER, R. W. wiw, TURNER, CIMINI, A. C. FOSTER, SCIIEAFFER, HILL, BRANDT, E. H. SMITH, HOPKINS, KOYE, ANDERSON, HALVERSON, KUSSE, GEESEY, KISTLER, GRIECO. SPENCER, HEPFORD, LETTERMAN,

~ - -

economy of the ~ o m n & , v e a l t h .


- -

The SPEAKER. The Chair now declares the House in recess until 3 p.m.

AFTER RECESS

HOUSE RESOLUTION REREPORTED AS AMENDED

BY Messrs. DiCP.RL0. BENNETT. YAHNER. COLE, I HOUSE RESOLUTION No. 153 By Mr. WARGO

SHUMAN, R. W. WILT, TURNER, CIMINI, ENGLEHART, DeMEDIO. BRUNNER, SCHEAFFER, HILL, BRANDT, MANRIILLER, E. H. SMITH, HOPKINS. NOYE. ANDERSON. HALVERSON. KUSSE, GEESEY; KISTLER, GRIECO, A. C. FOSTER SPENCER. IIEPFORD. LETTERMAN.

The House of Representatives of the Commonwealth of Pennsylvania memorialize the Congress of the United States to enact legislation to provide for a moratoriun~ on the further abandonment of any rail lines and in particular those not recommended for inclusion in the Consoli- dated Rali Corporation, for a period of at least two years after the effective date of thc final system plan. . ---

GLEASON, WIIELAN, DORR, D~VERTER and Reported from Committee on Rules. L. E SMITH RESOLUTION No. 163

The House of Representatives of the Commonwealth of Pennsylvania memorializes the Congress of the United States to act expeditiously on needed legislation to finan- riallg assist our municipalities in the enlargement, con- struction and modernization of sewerage treatment plants and the construttion of sewerage collection lines.


GLEASON, WHELAN, DORR, D~VERTER and L. E. SMITH RESOLUTION No. 164 1 HOUSE BILL SIGNED BY SPEAKER

QUESTION PERSONAL PRIVILEGE

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

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

By Messrs. DiCARLO, BENNETT, COLE, SHUMAN, YAHNER, R. W. WILT, TURNER, CIMINI, A. C. FOSTER, SCHEAFFER, HILL, BRANDT, E. 13. SMITH, HOPKINS, NOYE, ANDERSON, HALVERSON, KUSSE, GEESEY, KISTLER, GRIECO. SPENCER. HEPFORD. LETTERMAN.

- The SPEAKER. The gentleman will state it. Mr. VALICENTI. Mr. Speaker, I would like to he put

Icn the master roll and also recorded in the affirmative on Senate bill No. 24, please.

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

The HouSe of Representatives of the Commonwealth of Pennsylvania memorializes the Congress of the United States to investigate our laws regarding the use of our air and water and the control nf noise to determine if these are adequately controlling the use of land in the State so that there is no need for Federal laws or reeulations in

ill numbered and entitled as follows having heen pre. Pared for presentation to the Governor and the same being correct, the title was read as follows:

HOUSE BILL NO. 491 ~

this area.


By Messrs. PITTS, FRYER, GALLEN, STAHL, Mrs. CRAWFORD, Messrs. VROON and E. H. SMITH

(concurrent,) R E S O ~ ~ ~ ~ ~ N N,,, 165

The General Assembly of the Commonwealth of Penn- sylvania memorialized the President of the United States to limit foreign imports of processed mushrooms to the United States.


An Act implementing the provisions of section 6 of Article I of the Constitution of Pennsylvania by providing that a verdict may be rendered by five-sixths of the jury in a civil case.

Whereupon, The SPEAKER, in the presence of the House, signed

the same.

RULES SUSPENDED TO CONSIDER JOINT RESOLUTION

The SPEAKER. The Chair recognizes the majority

By Messrs. KOLTER, A. K. HUTCHINSON and PETRARCA RESOLUTION N ~ . 166

The Housp of Representatives of the Commonwealth of Pennsylvania directs the Joint State Government Com- mission to develop a comprehensive plan for the design, engineering, procurement and operation of a closed circuit television system in the main Capitol in Harrisburg.


leader. Mr. IRVIS. I move that the rules of the House he tem-

porarily suspended so that the House may immediately and adopt a resolution which I will submit to

the membership. The SPEAKER. Any members of the House desiring

to add their sponsorship to the joint resolution may do so. The resolution is down at the clerk's desk at this time.


Abraham Anderson. J. Anhum Barber Bellominl Bennett Beren Bcrlln

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

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

YEAS-193

Berson Bittle Blackwell Bonetto Bradley Brandt

means that that constitutional amendment cannot be used by the state to justify the request for Federal funds or the issuance of state funds for those people who have been injured in the flood of 1975,

The juint resolution, which is on your desk at my request, proposes to the people of the state that they amend

L-runner B",M Hutera Canuto

Garzla H. Gccsey

Gelsler George Glamrnarco Gillcsple Gillerte GleaSon Gleeson Goodman Green Greenfield

McCue IdcGinnis Mclntyre McLane Mcbus Menhorn Miianovlch Miller. M. E. M~ller. M. E.. Jr. Milliron MLsCeviCh Moehlmann Morns Mrkonle Mullen

H. Mi l~to M y . ~ s Novak

Srlleaffer Sehweder Srmca Seltzer Shsne ShelhalrrfT Shelton Shuman Shupnlk Slr~annl Smlth. F Smith. L Spencer Stahl Stapleton stout Sullivan Taddonlo . ~

~ ~~

Cessar I ~ R Y ~ S , D. 3. Noye Taylor Cimini Hayes. S . E. O'Brlen Tayovn Cahen Ilepford O'Connell Thomas Coie I1111 0':lanocil Toll Cowell C'r >word Cumherland Davles Davis. D.M. n e m r a o

Hopklna o.neefi~~ Hutchlnsm, W. Oliver Irvls Pancoast Itkln Parker. H. S Johnson, J . Perrl Katr P e m

..~ Trello Turner ~ l s t y n o ~ k t Valicentl Vann "rrlnn

~ ~

Deverter Kelly. A. P. ~ c t i a r c a Warner ilicarlo Kelly, J. B. Pievsky Wulrh, T. P DIDonato Kemiek Pitts Wansacz Dietz Klstlcr Polite Wargo llininni iilingarnan Prntt Rcidner Do~nbromkl Knepper Prendergast Wri t~rbe ig DOIT Kolter Pylrs Whelan Doyle Kowalyshgn Rappapolt Whittlesey Dreibelbb Kurse Reed WI11, R. W. Ec:;cmbergw Laudadlo Renninger Wilt, W. W. Rnglehart Laughlb Hrnwiek W o r r i l o ~ Fawcett Lederer Hhodrs Wright Fee Lehr Rlehardson Yahner Fiorher Letterman Rleger Yahn Fisher L.evi Ilitter Z ~ l l e r riaherty Lmeoln Komanelli Zord Foster. A. Lynch Ross Zwlkl roster. W. Manderino Ruggiero Yrycr Manmiller llyan Nnemsn. Gallagher MrCnll Saloom Speakel Gallen MeClatehy Solvatore

N A Y S 4

Hutchinson. A. Schmltt W1180n Zealfosa

section 17, Article VIII, of the constitution to add the language "or of 1975" and to change the singular storm and the singular flood to the plural "storms" and the plural "floods" so that the total language would read, ". . . storms or floods of September, 1971, of June, 1972, or of 1975." The language "or of 1975" would be the new language.

We face a deadline, Mr. Speaker. We must advertise this constitutional amendment at least 30 days prior to the next election. That deadline is October 4. That is the reason we asked your indulgence to waive the rule5 to permit us to bring this proposal before you without it being in print or on the calendar, and we now ask that this resolution be called U D for an affirmative vote.

Prior to that, however, Mr. Speaker, I am informed that there are members who wish to offer amendments to this joint resolution. Because there is no printer's number, it was impossible for those amendments to be drafted in written form. I have agrecd and, if yon agree with me, we will agree to let the member or members offer oral amendments provided they are simple oral amendments and they are explained at the microphone.

Mr. Speaker, with that proviso, I would yield the floor to the gentleman. Mr. McCue. I believe he is the first one to offer amendments.

The SPEAKER. The maioritv leader calls UD for con- . . . ~ ~~~- I sideration the resolution in question, which the clerk will read.

The clerk read the following joint resolution:

/ IIOUSE RESOLUTION No. 1762

A Joint Resolution proposing an emergency Constitu- tional amendment to the Constitution of the Common- wealth of Pennsylvania granting the General Assemblv

On the question, Will the House adopt the joint resolution?

The SPEAKER. The Chair recognizes the majority 1 will be clear as to what the final language of the resolu-

NOT VOTING-5

McC.-3.w Mullen. M. P . Wojdak Tiammock LaMarc*

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

leader, who is about to offer a resolution. tion would be.

Xr. IRVIS. Mr. Sofaker. each member here recoanizei 1 Mr. A'ICCUE. Mr. Spealrer. I move to amend House

Ths SPEAKER. The Chair recognizes the gentleman from Armstrong, Mr. McCue. The gentleman, I understand, desires to amend the resolution.

The Chair would request of the gentleman that he spe- cifically delineate the precise language orally that he wants to insert hv wav of amendment so that the record

that at least 32,000 io 33,000 of our people in thecorn- resolution No. 1762, page 2, line 24, by inserting after the monweaith of Pennsvlvania suffered last week from the / wnrd "1972" the words "or of 1974." devastation of a flood which struck the center counties of MY amendment would insert the words "or of 1974"

Pennsvlvania. between the words "1972" and the word "or". The final In the Constitution of Pennsylvania there is a prohihi-

tion against grants and aids, tax rebates, credits, exemptions, et cetera, to individuals. As a result of this pro- hibition, in 1972 the General Assembly wrote, and the people approved of, a special exemption or a special exception so that those people who were damaged in the floods of 1971 and of June 1972 could receive state aid. We limited that state aid to those particular floods, which

re3ding then would be, ". . . the storms or floods of 1971 0' of June, 1972 or of 1974 or of 1975."

the Will House agree to the amendment?

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

Mr. SCHMITT. Mr. Speaker, I rise to support the

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

devastated in the year of 1974 as a result of floods. had 80 homes that were totally destroyed; parts of them We 1

amendment that has just been introduced. It simply adds the year "1974" to the resolution.

I would like you to know and the members of this House to know that not only Mr. McCue's district but my district, which is contiguous to his, had been severely

PARLIAMENTARY INQUIRY

still being visited upon the residents of the Common- wealth of Pennsylvania and, therefore, would be within the framework of the emergency contemplated by this amendment.

Mr. DREIBELBIS. I thank the Chair.

washed out; bridges and other damages occurred. The SPEAKER. The Chair recognizes the majority I rise to support the amendment. leader.

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

Mr. LYNCH. Mr. Speaker, I rise to support the oral amendment proposed by Mr. McCue to include the year "1974". My reason lor that is this: In August of 1974 many parts of Delaware County, my !egislative district in particular, were devastated by the floods occurring during that month ti; the extent that the Governor has designated this area to the Federal Government as a disaster area, the damage exceeding more than $5 million. Damage of $1 million or more occurred in Upper Darhy Township alone, which occupies one small geographical area of Delaware County.

1 think that it is extremely important, since we at- tempted to get some help last year without success, that we hive this in the bill when it goes to the Governor for signature and I wonld earnestly urge everyone's support.

Thank vou.

Mr. IRVIS. Mr. Speaker, a parliamentary inquiry. The SPEAKER, The gentleman will it, Mr. IRVIS. Is this not a joint resolution? The SPEAKER. This is a joint resolution. Mr. IRVIS. By what vote must it pass the House, Mr.

The SPEAKER, By a two-thirds vote. IRVIS, Mr. Speaker, what will if this

House challges the basic of the resolution and the Senate, being unaware of that change, passes the basic language?

The SPEAKER. The language to be adopted by both chambers would have to be identical.

Mr. IRVIS. That means the Senate wonld either have to amend or refuse to amend. Is that correct, Mr. Speaker?

The SPEAKER, That is correct, Mr. IRVIS. Thank you, Mr. Speaker.

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

hlr. CESSAR. Thank you, Mr. Speaker. I, too, rise to support the oral amendment offered by

Mr. McCue. In parts of AIlenheny Ctlunty that I repre- sent, we were devastated by floods on June 30, 1974. The Governor at that time dicl declare that a disaster area. Therefore, Mr. Speaker, I would ask support for this amendment to help those people who suffered at that time.

Thank yon, Mr. Speaker.

PARLIAMENTARY INQUIRY

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

Mr. DREIBELBIS. Mr. Speaker, could I impose upon t h e Chair to make a parliamentary inquiry?

Thz SPEAKER. The gentleman will state it. Mr. DREIBELBIS. Might it be possible at all that we

wonld be jeopardizing this emergenry constitutional amendment by adding something of a :?ear-and-a-half- ago nature?

The SPEAKER. Would the gentleman indicate why he suspects that the validity of this constitutional amendment might be imperiled by the insertion of this amend-

The SPEAKER. The Chair recognizes the gentleman I,,, L ~ ~ ~ ~ ~ ~ , M ~ . o,connell.

Mr. O'CONNELL. Mr. Speaker, it is my information. if I am correct, that the Senate is awaiting the passage of this resolution and then will pick up the identical language and pass that so as to not create that conIlici.

The SPEAKER. The Chair recogllizes the majority leader.

Mr. IRVIS. Mr. Speaker, I am sorry. I did not have that information, hut I certainly believe Mr. O'Connell. If that be the case, then I do not see that we are running into any particular trouble on language or time.


The SPEAKER. The Chair recognizes the gent!eman from Luzerne, Mr. O'Connell.

Mr. O'CONNELL. And without any further delay, 1 -would ask unanimous support of it. Having been a bene- factor of your graciousness and the goodwill of the people of this Commonwealth in the 1972 disaster and having recently gone through some sort of a weekend of turmoil, I would urge the support of this particular amendment.

The SPEAKER. The Chair recognizes the majority leader. -

ment? Mr. DREIBELBIS. While I am not against the intent

of the injeriion of the oral amendment, I am concerned, since we are proposing a joint resolution of an emergency nature, that we now include something that is not. I wnuld hope that we do not jeopardize the intent of this joint resolution.

The SPEAKER. The event of 1974 was likewise an

tarizn that the consequences of the 1974 catastrophe are 1 and McCUE and were as follows:

Mr. IRVIS. Mr. Speaker, relying on the information given to us by Mr. O'Connell, because I know him to he an accurate reporter, I would also rise to support the amendment.

0" the question recurring, Will the House agree to the amendment? Amendment was agreed to.

emergency event. Mr. DKEIBELBIS. Is the event an emergency or is the

proposal an emergency? The SPEAKER. The view is offered by the Parliamen-

On the question, Will the House adopt the joint resolution as amended?

The yeas and nays were required by Messrs. IRVIS

2804 LEGISLATIVE JOURNAL--HOUSE September 30,

Abraham Anderson, A,th"rn Barber Bellornlnl Bennett Beren Berlin BCI-son Bittle BlaekweU Bonetto Bradley Brandt Brlznner Burns Rutera Cessar Ciminl ~ -

Cohen Cole Cowell Crawford Cumberland

Fischer Fisher Fiallerty foster, A. Poster. W. Fryer ~ialiagher Gailen

George Ginmrnareo Gillesple Gillette (:leason Goodman Green Greenfield Grieco Halverson IIamilton, J, Hammock

MCGiniliS Mclntrre niClianC Mebus Rienhorn .wi!an~"i~t, Miller, M. E., Iviiller, nt. E. Miiliron M ~ s c ~ v ~ c ~ Mochlmann :J"Tris Mrkanic Alullen, M. P Muilen

Rziyes. D. S. ?(ouak Hayes, S. E. Noye Hrpford O'Brien Hill O'Conneil Hoplrins O'nonnrll 1Iutchimon. A. O'Keefe Imis Ollver Itkin Pancoast ~ ~ ~ ~ ~ . . ~ ~~

dohllson, J. Parker. H. S . Katz Prrn ~ ~-~~

KLG. A. P. Perry Ke!ly. J. B. Pclrarca Kernick Piersky IOst1cr P I ~ ~ s Klinbaman Polite K n e ~ ~ p e r Pratt IColter Prlvdergast Kowslpdhyn Pylrs KUZSP Rappaport Lsudadio Reed I~augi~ l in R<,nnnngcr Lederer Kcnwlck Lehr Richdrrlsou Levi I{leger Lincoln Ritter Lynch R,~nianelli Manderino ROB Manmiller Rusgiero McCaU Ryan AccCiatchgl Saloom hIcCue salvatore

NOT VOTING-12

Scheaffer Schmitt Sehwedei Selrica Seltzer snane

Jr. Shrihamer Shelton Shuman Shupmk sirianni S m ~ t h . L. Spencer Stvhl Stapletun stout Taridonio Taylor Thomas Toll Trelln Turner Ustynosk~ Valieenti Vann Vroon Wagner lvansacz Wargo Weidncr Westerberg Whelm Whittlesey WilSO" Wilt. R. W. Wilt, w. W , Wojdalt Worriiow Wright Yahncr Yohn Zearfoss Zelier Zurd Zwikl

Finem;,". Speal

there is one more piece of business to transact-if they so desire, tn come down to the well of the Mouse for the purpose of signing thc resolution as quickly as possible in order that we can get it over to the Senate so they may act on it.

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

from Centre, Mr. Letterman. For what purpose does the gentleman rise?

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

The SPEAKER. The gentleman will state it. Mr. LETTERMAN. Mr. Speaker, I would like to be

recorded in the afiirmative on the joint resolution. I missed that. I was back on the phone.


The Chair recoenizes the nentleman from Schuvlkill. Mr. IIutchinson.

Mr. W. D. HUTCHINSON. Mr. Svesker. m s switch is

tion the respect to which it is entitled. The clerk read the following resolution:

<PI

Caputo Hutchinson. W. NlcGravi Suilivnn r.lrOmn T . , W ~ ~ . . ~ izhnrlrr ' P . ~ ~ ~ ~ I RESOLUTION

inoperative. On the vote an the joint resuiutiin, I would like to he recorded in the affirmative.


CONDOLENCE RESOLUTION INTRODUCE11 The SPEAKER. The Chair recognizes the gentleman

irom Montgomery, Mr. Pyles. Mr. PYLES. Mr. Speaker, I offer the following privi-

leged resolution for the immediate consideratiun of the House.

The SPEAKER. We are now dealing with a privileged resolution concerning the death of a former member of this House. The Chair would ask all the members to take their seats and to accord the reading of this resolu-

~ - ~~~~~ ~-~ " ~ ~ ~ ~~~

~ ~~ ~ . ~ ~ - ~ ~ Ordered, That the clerk present the same to the Senate The widow of Harry B. Miller, she is sur-

for concurrence. vived by two sons, Harry Z. and John E. and two grand-

"".. -u...u.u" . -" Gring ~ e t t e r m a n Smith. E. Walsh. 1'. P.

~h~ majority required by the ccrlstilulion having voted in the affirmative, the question was determined in the afiirmativr and the ioint resolution was adontea.

rh~idren; and I WHEREAS. '. Mrs. Miller was active in Reuublican cir-

WHEREAS. Mrs. Beatrice Z. Miller, eighty-three, a former state representative Iron1 1956 to 1960, and secretary oi the Pennsylvania Board of nlotion Picture Censors for

years, died 25, 1975, at Ambler, Rest rmmln... -.n,~

. . of the IIouse, the Chair would ask the medbership- 1 adoption of the resolution.

QUESTION OF INFORMATION

The SPEAKER, The Chair recognizes the majority le'ader. For what purpose does the gentleman rise?

Mr. IRVIS. I rise to a question of information. The SPEAKER. The gentleman will state it. M ~ , I R V I ~ , Speaker, there are a number of mem-

bers in the House who would have liked to have signed this resolution and ought to, in fact, have signed it. The minority leader and I signed the resolution in order to introduce this with some rapidity.

Is it possible, before the resolution is printed and befur: it is transmitted to the Senate, for the Chair to make the resolution available for thc signatures of thosc members who come from the f]ooded-out areas and ought to, of course, be on this resolution?

The SPEAKER. Immediately uuon the adiournrnent

~

cles for many years serving as president of 'the indepen- dent Republican Women of Germantown and Chestnut Hill, and was first vice president of the Philadelphia Con- grei:s of Republican Women's Councils. In addition, she was a member of the Commonwealth Committee of the BIedical College of Pennsylvania and served on the boards of the Wiimen's Auxiliary oC Booth Memorial Hospital and the Pennsylvania Chapter of the Daughters of the .Arneriran Revolution, director of the Stephens Decatur chapter of the ~ ~ ~ ~ h t ~ ~ ~ of 1812 and a member of the Stat- Committee of the Republiran Party of Pennsyl- vania; now therefore be it

RESOLVED, That the House of Representatives of thc Ci,m!nenwealth of Pennsylvania pauses in its deliberations

m!,um the passing of this Pennsylvanian, and extends its sincere condolences to the family of this groat I-iily: and be it further

RESOI.VED, That a copy of :his resolution he delivered to hcr sons, Harry Z. Miller 2nd John E. Miller.

T i e SPJ~AKER. The members will stand and signifv


(Members stood in silence.) I instructed me to remove the following bills from the The SPEAKER. The resolution is unanimously adopted. table, and I so move:

HDI'SE SC'HEINJLE ANU DEMOCRATIC CAI:('IJS

The SPEAKER. The Chair recognizes tbe majority leader.

Mr. IRVIS. Mr. Speaker, before I move t o report certain bills from the Rules Committee, I would like to make an announcement.

Because of the length of the calendar, I have been informed by Mr. O'Connell that the Republicans will require an additional time for caucus tomorrow morning.

I have also been informed by our caucus chairman that we shall require a n additional caucus tomorrow morning in order t o complete the work on the calendar. So I am asking that we go into session tomorrow at 930. I think we will call up a bill or two a t 9:30 and then go off a t 4 o'clock today for a caucus.

So we will go into session at 9:30. We will have certain bills votcd at 9:30 and then we will call for a caucus off the floor.

For the Democrats, there is a special caucus to continue our discussion which was abbreviated because we had to leave the caucus today to come to the floor. There will be n special caucus immediately following the recess. Immediately following the recess I would like all Demo- crats to report to the caucus chamber so that we may continue our discussion.

Mr. Speaker, I will yield the floor to Mr. O'Connell.

REPUBLICAN CAUCUS The SPEAKER. The Chair recognizes the gentleman

from Luzerne, Mr. O'Connell. Mr. O'CONNELL. Thank you, Mr. Speaker, and I

thank the majority leader for his consideration. We will abide by whatever schedule you determine in the morning. We will call a caucus off the floor and it will be a very important caucus pertaining to Senate bill No. 1. We would really like to have all of the amendments together so that we could caucus on that and complete the work of the calendar.

Thank you.

BILLS REMOVED FROM TABLE AND REREFERRED I

IIouse bill No. 17; House bill No. 1668; House bill No. 367; House bill No. 526; House bill No. 605; House bill No. 819; House bill No. 1399; House bill No. 1659; House bill No. 1734; Senate bill No. 930; House bill No. 1542; Senate bill No. 634; House bill No. 1569; House bill No. 837; House bill No. 1673; Senate bill No. 423; Senate bill No. 510; Senate bill No. 612; Senate bill No. 668; Senate bill No. 669; Senate bill No. 670; Senate bill No. 671; Senate bill No. 707; House bill No. 911; House hill No. 1218; House bill No. 1509; House bill No. 1517; House bill No. 1105; IIouse bill No. 1116; House bill No. 1498; Senatc bill No. 710; House bill No. 1387; Ilouse bill No. 1650; House bill No. 1657; Senpte bill No. 102; Senate bill No. 170; Senate bill No. 363; Senale bill No. 545; House bill No. 1527; House bill No. 1528; Senate bill No. 650; House bill No. 1607; House bill No. 1681; IInuse bill No. 1731; Senate bill No. 901; Senate bill No. 536:

The SPEAKER. The Chair recognizes the majority leader.

Mr. IRVIS. Mr. Speaker, the Rules Committee has instructed me to remove the following bills from the table for the purpose of rereferral to the Appropriations Com- mittee, and I so move:

House bill No. 455, printer's No. 504; and Senate bill No. 831, printer's No. 1238.

The SPEAKER. The Chair recognizes the majority 1 HOUSE BILL No. 216 Bv Mr. WOJDAK

Senate No. 126; Senate bill No. 729; and Senate No. 792.

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

BILLS REREPORTED AS COMMITTED On the question, Will the House agree to the motion? Motion was agreed to.

BILLS REMOVED FROM TABLE FOR CALENDAR

leader. An AL.~ makina an appropriation to the Department of Mr. IRVIS. Mr. Speaker Uu Rules Committee has Agriculture to assist the CommonwealtWi I-H Club horse

lIOUSE BILL No. 12 By Mr. WOJDAK An Act amending the "Tax Reform Code of 1971," ap-

proved March 4, 1971 (P. L. 6, No. 2). further provid~ng for the sales tax on sales or services made b y means of coin operated machines.

Rereported from Committee on Appropriations.



HOUSE BILL No. 1513 By Mr. WOJDAK

and pony show program by ~ a y i n g the expenses of holding ten 4-H Club shows and i n addition a Statewide show to be held in the fall of the year as preliminary to the Keystone International Livestock Show.

Cheder County, for use as a State Veterans' Home. - ' 1

a duty upon the Auditor General to ascertain and certify certain costs.

Rereported from on Appropriations,



HOUSE BILLS INTRODUCED AND REFERRED By Messrs. CAPUTO, GEISLER and M. M. MULLEN

HOUSE BlLL No. 1759

An Act imposing a tax on real estate for public school purposes in school districts of the first class A for general public school purposes.


By Mr. W. W. FOSTER, Miss SIRIANNI, Messrs. TURNER, HASAY, WAGNER, SHELHAMER and WANSACZ HOUSE BILL No. 1760

An Act amending "The Administrative Code of 1929," approved April 9, 1929 (P. L. 177, No. 175), providing for the operation and maintenance of the Valley Forge Vet- erans Home by the Department of Military Affairs.

Rereported from Committec on Appropriations. By Messrs. MEBUS, A K. HUTCHINSON, BEREN, A R ~ H U R S , VALICENTJ, PETRARCA and

HOUSE BILL No. 1720 BY Mr. WOJDAK M. E, MILLER HOUSE BILL No. 1763

A, Act requiring approval by referendum in certain municipalities to permlt construc~ion of energy parks by public utilities.

Referred to Committee on Cunsumer Protection. Rereported from Committee on Appropriations.


A Supplement to the act of 1975 (P. L. , No. ), entitled "An act providing for the capital budget for the fiscal year 1975-1976," iternizlng a publlc improvement project to be acquired or constructed by The Gen- eral State Authority * * * and making an appropriation.

By Mcssrs. FISCHER, IIASKELL, R. W. WILT and M. E. MILLER HOUSE BILL No. 1761

An Act permitting the voluntary recitation of the Lord's prayer and the pledge of allegiance in public elementary schools a t the option of the school d~strict.

Referred to Committee Education.

Rereported fl.um Committee on Appropriations. I Referred to Committee on Labor Relations.

An Ac,t amending the "Fuel Use Tax Act," approved January 14, 1952 (P. L. 1965, No. 5501, increasing the tax, further providing for its disposition and making a repeal.

An Act amending "The Pennsylvania Workmen's Com- pensation Act," approved June 2, 1915 (P. L. 736, No. 338), further providing for the rate of compensation lor certain additional coverages.

HOUSE BILL No. 1722 By Mr. WOJDAIC

An Act amending the act of June 1, 1956 (P. L. 1944, No. 6551, entitled "An act providing a permanent allo- cation of a part of the fuels and liquids fuels tax proceeds to cities * * * for their road, street and bridge purposes; * * *," changing the amount appropriated to municipalities.

Re1,eported from Committee on Appropriations.

llOUSE BILL No. 1721 By Mr. WOJDAK

An Act amending "The Liquid Fuels Tax Act," approved May 21, 1931 (P. L. 149, No. 105), increasing the tax incorporating provisions conforming i t to existing law further providing for disposition of the tax and maLing a repeal.


BILLS REREPORTED AS AMENDED

By Messrs. FISHER, GARZIA, ZORD and LEV1 HOUSE BILL No. 1761

An Act amend~ng "The Borough Code," approved Feb- ruary I, 1966 (1965, P. L. 1656, No. 581), providing for membership in mayoral associations and authorizing the payment of expenses relating thereto.

Referred to Committee on Local Government.

IIOUSE BILL No. 1296 By Mr. WOJDAK

An Act amending "The Borough Code," approved Feb- ruary 1, 1966 (1965, P. L. 1656, No. 581), further provid!ng for the sale of property owned by boroughs for bous~ng for elderly and payment of the cost of planting or removing shade trees.

By Messrs. KOWALYSIIYN, RUGGIERO, SCHWEDER, LAUGHLIN, REED and PRENDERGAST

HOUSE BILL Ns. 1765

1 An Act amending "The Borough Code," approved Feb-

Referred to Cornmlttee on Local Government.

Bv Messrs. KOWALYSlIYN. RUGGIERO. SCHWEDER. d -

LAUGHLIN, REED and PRENDERGAST HOUSE BlLL No. 1766

An Act amending the "Public School Code of 1949," approved March 10, 1949 (P.,L, 30, No. 14), authorizin the leasing of lands and buildings conveyed by schoo? districts to municipalities. I Referred to Committee on Education

Rereported from Committee on Appropriations. I By Messrs. KOWALYSHYN, RUGGIERO, SCHWEDER, REED and PRENDERGAST HOUSE BILL No. 1767

SENATE BILL No. 852 By Mr. WOJDAK An Act amending the act of June 13, 1967 (P. L. 31,

No. 21), entitled "Public Welfare Code," further providing for the payment of the costs and expenses for

An Act amending "The Second Class Township Code," apqroved May 1, 1933 (P. L. 103, No. 69), further pro- vldlng for the collection of garbage In villages.

the care of the child; making certain repeals; and placing Referred to Committee on Local Government.

1976. LEGISLATIVE J O U R N A k H O U S E 2807

BY Messrs. BENNETT. MUSTO. DOMBROWSKI. I ADJOURNMENT --.-- ~- ~-

-ROMANELL& GOODMAN, OCONNELL, BITTLE, RYAN, O'KEEFE, McLANE, LAUDADIO Mr. REED moved that this House do now adjourn until and NOVAK HOUSE BILL No. 1768 Wednesday, October 1, 1975, at 9 3 0 a.m., e.d.t.

An Act amending the "General Appropriations Act of 1975," approved June 30, 1915 (No. &A), further Pro- viding an appropriation t o the Department of Commerce.

Referred to Committee on Appropriations.

On the question, Will the H o u e agree to the motion? ~~~i~~ was agreed to, (at 3:53 p.m., e.d.t.) the

House adjourned.

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