COMMONWEALTH OF PENNSYLVANIA trgi.nlutiur 3Juufuul TUESDAY, MARCH 14, 1972

Session of 1972 IS6th of the General Assembly Vol. 1, No. 126

HOUSE OF REPRESENTATIVES at Denton Hill, Potter County, Pennsylvania, as The James S. Berger Lumber Museum. The House convened at 1:30 p.m., e.s.t. Referred to Committee on State Government. THE SPEAKER (Herbert Fineman) IN THE CHAIR SENATE BILL No. 1308 An Act amending the act of April 9, 1929 (P. L. 343), PRAYER entitled "The Fiscal Code," providing for issuance of re~ REVEREND DOCTOR DAVID R. HOOVER, chaplain of placement checks in lieu of outstanding checks. the House of Representatives and pastor of St. Paul's Referred to Committee on Health and Welfare. Lutheran Church, McConnellsburg, Pennsylvania, offered the following prayer: SENATE MESSAGE Almighty God, we humbly beseech Thee that we, who worthily deserve Thy punishment for the evil deeds we HOUSE BILL CONCURRED IN BY SENATE have brought to maturity, may by the comfort of Thy The clerk of the Senate being introduced, returned bill forgiving grace be mercifully relieved. from the House of Representatives numbered and entitled Grant us a full measure of Thy abounding love, bestow as follows: upon each of us the abundance of Thy indwelling spirit, and send us forth with the ringing challenge of Thy truth HOUSE BILL No. 1747 as our watchword. An Act amending the act of November 27, 1970 (P. L. o God, our Father, we lift these stewards of Thine to 809), entitled "Capital Budget Act for Fiscal Year 1970­ Thee in love and devotion. We pray that in the tensions 1971 Public Improvement Project Itemization Supplement and stress of this hour they may keep their calm, and -Department of Property and Supplies," reducing the au­ thorization for equipment and furniture for one of the labor diligently for Thee: in Thy blest name. Amen. projects and adding the purchase of equipment for an ad­ ditional project. JOURNAL APPROVAL POSTPONED With information that the Senate has passed the same The SPEAKER. Without objection, approval of the without amendment. Journal for Monday, March 13, 1972, will be postponed until printed. SENATE MESSAGE SENATE MESSAGE AMENDED HOUSE BILL RETURNED FOR CONCURRENCE BILLS FOR CONCURRENCE The clerk of the Senate being introduced, returned bill The clerk of the Senate being introduced, presented for from the House of Representatives numbered and entitled concurrence bills numbered and entitled as follows: as follows:

SENATE BILL No. 1190 HOUSE BILL No. 517 An Act amending the act of June 1, 1959 (P. L. 350), An Act amending the act of April 12, 1951 (P. L. 90), entitled "Public School Employes' Retirement Code of entitled "Liquor Code," authorizing Sunday sales by city­ 1959," further regulating payments on account of social owned stadium licensees and holders of permits in certain security deductions from appropriations and making edi­ stadia or arenas and further limiting the number of retail torial changes. licenses to be issued in each municipality. Referred to Committee on Education. With the information that the Senate has passed the SENATE BILL No. 1241 same with amendments in which the concurrence of the House of Representatives is requested. An Act providing compensation to certain persons who served in the military, naval or air forces of the United The SPEAKER. The bill will appear on the calendar. States or any of her allies during the Vietnam conflict and were taken as prisoners of war; imposing certain duties on the Adjutant General; making an appropriation and NORTHSIDE SCHOOL STUDENTS WELCOMED providing penalties. Referred to Committee on Military and Veterans Affairs. The SPEAKER. The Chair is pleased to welcome to the House today a group of sixth-grade students from the SENATE BILL No. 1282 Northside School of the Central Dauphin School District An Act designating the Pennsylvania Lumber Museum in Dauphin County. They are accompanied by their teach- 2504 LEGISLATIVE JOURNAL-HOUSE March 14, ers, Mrs. Kandare Foltz, Miss Constance Cibart and Mrs. Foster Kowalyshyn Rowe Yohn Fox Kury Ruane Zearfoss Pat Blake, and their principal, Mr. Beard. Frank LaMarca Ruggiero Zeiler These students and their teachers are here today as the Frankenburg Lederer Rush Zimmerman Gallagher Lee Ryan Zord guests of the gentleman from Dauphin, Mr. Zimmerman. Gallen Lehr Rybak Geese,. Letterman Saloom Fineman. VISITORS WELCOMED Geisler Lutty Savitt Speaker The SPEAKER. One hundred ninety-four members The SPEAKER. The Chair is pleased to welcome to the having indicated their presence, a master roll is estab­ hall of the House Miss Sarah Heckel and Mr. Alan Mc­ lished. Candless. They are guests of the gentleman from Butler, Mr. Kennedy. MEMBERS ATTENDING FUNERAL Also, the Chair would like to welcome Mr. and Mrs. The SPEAKER. The Chair recognizes the gentleman Albert Ibarguen, who are the guests of the gentleman from from Montgomery, Mr. McClatchy. Montgomery, Mr. Scirica Mr. McCLATCHY. Mr. Speaker, for the record, a num­ ber of members from Montgomery County are absent this LEAVES OF ABSENCE afternoon. They will return by 4 or 4:30 p.m. They happen The SPEAKER. The Chair recognizes the majority whip. to be attending a funeral in Montgomery County. They Mr. PRENDERGAST. Mr. Speaker, I have no requests are Mr. Butera, Mrs. Fawcett, Messrs. Dager, Yohn, Pan­ for leaves of absence. coast, Mebus and Beren. Thank you, Mr. Speaker. The SPEAKER. The Chair recognizes the gentleman from Dauphin, Mr. Hepford. Mr. HEPFORD. Mr. Speaker, I have no requests for CALENDAR leaves of absence. The SPEAKER. The Chair thanks the gentlemen. BILLS ON SECOND CONSIDERATION The Chair would advise the membership that the at­ Agreeable to order, tendance record for Journal purposes is being compiled The House proceeded to second consideration of House on the basis of the master roll as it is manually being bill No. 992, printer's No. 1105, entitled: taken by the clerk and not by the electronic voting board. An Act amending the "Public School Code of 1949," ap­ The use of the electronic voting board is simply for the proved March 10, 1949 (P. L. 30), specifically providing information of the members, but the master roll that for the request and payment of municipal or township special school police. appears in the Journal is based on the roll that is being manually taken. And said bill having been considered the second time and agreed to, MASTER ROLL CALL Ordered, to be transcribed for third consideration. Alexander Gekas Lynch. Francis Scanlon Agreeable to order, Allen. F. M. Gelfand Lynch. Frank Scheaffer The House proceeded to second consideration of House Anderson. J. H. Gillette Malady Schmitt bill No. 1075, printer's No. 1200, entitled: Arthurs Gleason Manbeck Schulze Barber Gleeson Manderlno Sclrlea Bellomln1 Good Martino Seltzer An Act amending "The Insurance Company Law of Bennett Goodman Mastrangelo Semanotf 1921," approved May 17, 1921 (P. L. 682), further providing Beren Greenfield McClatchy Shane for the acquisition of stock by business or insurance cor­ Berkes Gring McCue Shelhamer porations. Berson Halverson McCurdy Shelton Bittle Hamilton. J. H. McGraw Sherman And said bill having been considered the second time Bixler Hamilton. R. It. McMonagle Shuman Blair Harrier Mebus Shupnik and agreed to, Bonetto Haskell Meholchlck Smith Ordered, to be transcribed for third consideration. Brunner Hayes. n. S. Miller Spencer Burkardt Hayes. S.lI:. Moore Steele Butera Hepford MorrIs Stemmler Agreeable to order, Caputo Hetrick Mullen. M. M. Stone The House proceeded to second consideration of House Cessar Hill Mullen. M. P. Stout bill No. 1836, printer's No. 2609, entitled: Cornel' Homer Murtha SullIvan Coppolino Hopkins Musto Taylor Coyne Horn Myers Tbomas An Act authorizing the Secretary of Environmental Re­ Crawford Horner Needham ToU sources, with the approval of the Governor, to transfer Crowley Hovis Novak Ustynoski certain Project 70 lands in Bucks County to the Depart­ Dager Hutchinson O'Brien Vallcenti ment of Transportation for a highway project under cer­ Davis. n. M. Irvls O'Connell Vann tain conditions. Davis. E. B. Johnson. G. R. O'Donnell Walsh Davis. R. O. Johnson. J. J. O'Pake Wansacz And said bill having been considered the second time DeMedlo Jones Pancoast Wargo D1nlnnl Kahle Parker. B. L. Weidner and agreed to, DombroWllk1 Katz Parker. H. S. Wells Ordered, to be transcribed for third consideration. Dorsey Kaufman Perry Westerbe1w Doyle Kelly. A. P. Pezak WilllllnUl Dreibelbis Kelly. J.B. Piper Wilson Agreeable to order, Early Kennedy Prendergast Wilt. R. W. The House proceeded to second consideration of House Eckensberger Kester Rappaport Wilt. W. W. Fawcett Kistler Renninger Wise bill No. 1847, printer's No. 2610, entitled: Fee Klepper Renwick WoJdak Fenrlch Klunk Reynolds Worrllow An Act authorizing the Secretary of Environmental Re­ Fischer Knepper Rieger Wright sources, with the approval of the Governor, to transfer cer­ Foor Kolter Ritter Yahner tain Project 70 lands in Centre County to the Department 1972. LEGISLATIVE JOURNAL-HOUSE 2505 of Transportation for a highway project under certain in the affirmative, the question was determined in the conditions. affirmative. And said bill having been considered the second time Ordered, That the clerk present the same to the Senate and agreed to, for concurrence. Ordered, to be transcribed for third consideration. QUESTIONS OF PERSONAL PRIVILEGE BILL ON FINAL PASSAGE The SPEAKER. The Chair recognizes the gentleman Agreeable to order, from Mercer, Mr. Bennett. For what purpose does the The House proceeded to consideration on final passage gentleman rise? of House bill No. 1807, printer's No. 2641, entitled: Mr. BENNETT. I rise to a question of personal privilege. An Act amending "The Administrative Code of 1929," The SPEAKER. The gentleman will state it. approved April 9, 1929 (P. L. 177), authorizing the De­ Mr. BENNETT. Mr. Speaker, when House bill No. 1807, partment of Transportation to rent or lease air space over printer's No. 2641, was voted on, I was out of my seat or under State highways and the Pennsylvania Turnpike Commission, to rent or lease air space over or under turn­ meeting with the Governor. Had I been in my seat, I pikes, and to make payments in lieu of taxes therefor to would have voted in the affirmative. political subdivisions. The SPEAKER. The gentleman's remarks will be noted On the question, on the record. Shall the bill pass finally? The Chair recognizes the gentleman from Montgomery, Agreeable to the provisions of the constitution, the yeas Mr. Dager. For what purpose does the gentleman rise? and nays were taken and were as follows: Mr. DAGER. I rise to a question of personal privilege. The SPEAKER. The gentleman will state it. YEAS-170 Mr. DAGER. Mr. Speaker, I was not present when the Alexander Gleeson Manbeck Scheaffer vote was taken on House bill No. 1807. Had I been here, Allen, F. M. Good Manderlno Schmitt I would have voted "yes." Anderson, J. H. Goodman Martino Schulze The SPEAKER. The gentleman's remarks will be spread Arthurs Gring Mastrangelo Sclrica Barber Hamilton, J. H. McClatchy Seltzer on the record. Bellomlnl Hamilton, R. K. McCue Semanoft Berkes Harrier McCurdy Shane The Chair recognizes the gentleman from Montgomery, Berson Haskell McGraw Shelhamer Bittle Hayes, D.. S. McMonagle Shelton Mr. Pancoast. For what purpose does the gentleman rise? Bixler Hayes, S.E. Meholchlck Sherm'ln Mr. PANCOAST. I rise to a question of personal privi­ Blair Hepford Miller Shupnik Bon",tto Hetrick Moore Smith lege. Burkardt Hill Morris Spencer The SPEAKER. The gentleman will state it. Caputo Homer Mullen, M. M. Steele Cessar Hopkins Mullen, M. P. Stemmler Mr. PANCOAST. I would like the record to show that CoppolIno Hom Murtha Stone had I been present, I would have voted in the affirmative Coyne Homer Musto SuIIlvan on House bill No. 1807. Crowley Hovis Myers Taylor Davls,D.M. Hutchinson Needham Thorn.. Thank you. Davis. E. B. lrvls Novak Toll Davis, R.O. Johnson, G. R. O'Brien VaUcentl The SPEAKER. The Chair recognizes the minority DeMedlo Johnson, J. J. O'Connell Vann D1nlnni Jones O'Donnell Walsh whip. Dombrowski Kahle O'Pake Wansae:ll Mr. BUTERA. Mr. Speaker, I was, likewise, attending a Dorsey Katz Parker, B. L. Wargo Doyle Kaufman Parker. H. S. Weidner funeral earlier this afternoon and would like the record DreibelbIs Kelly. A. P. Perry Wel!Jl to show that I am now present, and I would have voted Early Kelly, J.B. Pezak Westerberg Eckensberger Kennedy Piper WIllI&lDll in the affirmative on House bill No. 1807. Fee Kester Prendergast Wilson Fenrlch Klepper Rappapnrt Wut, R. W. The SPEAKER. The Chair recognizes the gentleman Foor Klunk Renninger Wilt, W. W. from Montgomery, Mr. Yohn. Foster Knepper Renwick Wise Fox Kolter Reynolds WorrUow Mr. YOHN. Mr. Speaker, I was, likewise, at the funeral, Frank KowalYshyn Rieger Wright and I would like the record to show that I am now pres­ Frankenbur. Kury Ritter Yahner Gallagher Lederer Rowe Zearfa. ent and would have voted in the affirmative on House bill Gallen Lee Ruane Zeller No. 1807. Geesey Lehr Ruggiero Zimmerman Geisler Letterman Rush Zord Gekas Lutty Ryan The SPEAKER. The Chair recognizes the lady from Gillette Lynch,Frank Rybak J'1neman, Montgomery, Mrs. Fawcett. Gleason Malady Scanlon Speaker Mrs. FAWCETT. Mr. Speaker, I would, likewise, have NAYS-6 voted in the affirmative on House bill No. 1807 had I been here. Fischer Halverson Shuman UIltyn.osld Greenfield Saloom The SPEAKER. The Chair recognizes the gentleman NOT VOTING-26 from Montgomery, Mr. Beren. Mr. BEREN. Mr. Speaker, before when I asked my Allen, W. W. Crawford LaMarca Pancoast Anderson. S. A. Dager Laudadlo Plevsky presence to be noted, I did not ask that my votes be re­ Bennett Englehart Lynch. FrancIs Savitt corded. I would ask that I be recorded in the affirmative Beren Fawcett Mebus Stout Brunner Fryer Melton Wojdak on House bill No. 1807. Butera Gelfand Moscrlp Yohn The SPEAKER. The gentleman's votes cannot be re­ Comer Kistler corded. The gentleman can indicate that if he had been The majority required by the constitution having voted present, he would have voted in the affirmative. ... 2506 LEGISLATIVE JOURNAL-HOUSE March 14,

Mr. BEREN. Had I been present, I would have voted Dininnl Johnson. G. R. O'Connell Wansacz Dombrowski Johnson. J. J. O'Donnell Wargo in the affirmative on House bill No. 1807. Dorsey Jones O'Pake Weidner The SPEAKER. The gentleman's remarks will be noted Doyle Kahle Parker. B. L. Wells Dreibelbis Katz Parker. H. S. Westerberg on the record. Early Kaufman Perry WilllllIl1B Fee Kelly. A. P. Pezak Wilson The Chair recogni;!:es the gentleman from Montgomery, Fenrlch Kelly. J.B. Piper Wilt. R. W. Fischer Kennedy Prendergast Wilt. W. W. Mr. Mebus. Foor Kester Rappaport Wise Mr. MEBUS. Mr. Speaker, I was at the same function Foster Klepper Renning"r Worrilow this afternoon as Messrs. Beren, Dager, Pancoast, et al. Fox Klunk Reynolds Wright Frank Knepper Ritter Yahner Had I been in the House, I would like it to be indicated Frankenbur. Kolter Rowe Zearfoss on the record that I would have voted in the affirmative Gallagher Kowalyshyn Ruane Zeller Gallen Kury Ruggiero Zimmerman on House bill No. 1807. Geesey Lederer Rush Zord Geisler Lee Ryan Ft Gekas Lehr Rybak Fineman. Gelfand Letterman Saloom Speaker YOUTH AND GOVERNMENT SEMINAR Gillette Lutty GROUP WELCOMED NAYS-5 The SPEAKER. The Chair wants to recognize in the hall today a group of young people attending the five-day Eckensberger Schmitt Shane Shuman Youth and Government Seminar sponsored by the Presby­ Renwick terian Church under the direction of Reverend Thomas NOT VOTING-25 Conboy. Allen. W.W. Dager Laudadlo Plevsky These young people and the Reverend are here as the Ander·son. S. A. Englehart Lynch. Francis Rieger guests of the gentleman from Erie, Mr. Hopkins, the gen­ Beren Fawcett Mebus Savitt Brunner Fryer Melton Stout tleman from Beaver, Mr. R. O. Davis, and others of Erie Butera Kistler Moscrlp Wojdllk County. Comer LaMarca Pancoast Yohn Crawford BILLS ON THIRD CONSIDERATION The majority required by the constitution having voted in the affirmative, the question was determined in the Agreeable to order, affirmative. The House proceeded to third consideration of House Ordered, That the clerk present the same to the Senate bill No. 781, printer's No. 855, entitled: for concurrence. An Act authorizing the Pennsylvania Historical and Mu­ seum Commission to acquire, by gift, on behalf of the Commonwealth, the real property connected with the Fort QUESTIONS OF PERSONAL PRIVILEGE Hunter Museum in Susquehanna Township, Dauphin County, providing for its control, management, super­ The SPEAKER. The Chair recognizes the gentleman vision, restoration, improvement and maintenance; and re­ from Montgomery, Mr. Dager. For what purpose does the ceipt of certain funds in connection therewith. gentleman rise? On the question, Mr. DAGER. I rise to a question of personal privilege. Will the House agree to the bill on third consideration? The SPEAKER. The gentleman will state it. Bill was agreed to. Mr. DAGER. Mr. Speaker, I was not present when the vote was taken on House bill No. 781. I would like the And said bill having been considered on three different record to show that had I been here, I would have voted days and agreed to, "yes." On the question, The SPEAKER. The gentleman's remarks will be noted Shall the bill pass finally? for the record. Agreeable to the provisions of the constitution, the yeas The Chair recognizes the gentleman from Montgomery, and nays were taken and were as follows: Mr. Pancoast. For what purpose does the gentleman rise? Mr. PANCOAST. I rise to a question of personal privi­ YEAS-172 lege. Alexander Gleason Lynch, Frank Scanlon The SPEAKER. The gentleman will state it. Allen. F. M. Gleeson Malady Scheaffer Mr. PANCOAST. I would like the' record to show that Anderson, J. H. Good Manbeck Schulze had I been present, I would have voted in the affirmative' Arthurs Goodman Manderino Scirica Barber Greenfield Martino Seltzer on House bill No. 781. Bellomlnl Gring Mastrangelo Semanoff Thank you. Bennett Halverson McClatchy Shelhamer Berkes Hamilton. J. H. McCue Shelton Berson Hamilton. R. K. McCurdy Sherman The SPEAKER. The Chair recognizes the minority Bittle Harrier McGraw Shupnik whip. Bixler Haskell McMonal(le Smith Blair Hayes. D. S. Meholchick Spencer Mr. BUTERA. Mr. Speaker, I was, likewise, attending a Bonetto Hayes. S.B:. Miller Steele funeral earlier this afternoon and would like the record Burkardt Hepford Moore Stemmler Caputo HetrIck Morris Stone to show that I am now present, and I would have voted Cessar Hill Mullen, M. M. Sulllvan in the affirmative on, Hous.e bill No. 781. Coppolino Homer Mullen, M. P. Taylor Coyne Hopkins Murtha Thomas The SPEAKER. The Chair recognizes the gentleman Crowley Horn Musto Toll Davis.D.M. Horner Myers Ustynoskl from Montgomery, Mr. Yohn. Davis. E.B. Hovis Needham ValicenU Mr. YOHN. Mr. Speaker, I was, likewise at the funeral, Davis. R. O. Hutchinson Novak Vann DeMedlo Irvls O'Brien Walsh and I would like the record to show that I am now pres- 1972. LEGISLATIVE JOURNAL-HOUSE 2507

ent and would have voted in the affirmative on House Lincoln University, you would come up with a state sub­ bill No. 781. sidy of $2,100 for each student at Lincoln University. At the other state-related universities, such as Pitt, The SPEAKER. The Chair recognizes the lady from Penn State and Temple, the appropriation per student Montgomery, Mrs. Fawcett. ranges from $1,800 per student to $2,000 per student. Mrs. FAWCETT. Mr. Speaker, I would, likewise, have At the 14 state colleges, the appropriation per student voted in the affirmative on House bill No. 781 had I been averages approximately $1,280 per student. At the Indiana here. University of Pennsylvania, the appropriation is $948 per The SPEAKER. The Chair recognizes the gentleman student. from Montgomery, Mr. Beren. Lincoln University is a university in name only by vir­ Mr. BEREN. Mr. Speaker, before when I asked my tue of its tradition. It had a graduate program at one presence to be noted, I did not ask that my votes be re­ time. It does not have a graduate program now. corded. I would ask that I be recorded in the affirmative Indiana University is a university. It has graduate pro­ on House bill No. 781. grams, including doctoral programs. The SPEAKER. The gentleman's votes cannot be re­ I bitterly resent this Alice-in-Wonderland approach to corded. The gentleman can indicate that if he had been the subsidization of the various state-related and state­ present, he would have voted in the affirmative. owned schools. Mr. BEREN. Had I been present, I would have voted For this reason, until we achieve some rationality and in the affirmative on House bill No. 781. logic in our subsidization of these various state schools, I The SPEAKER. The gentleman's remarks will be noted intend to oppose this bill. on the record. The SPEAKER. The Chair recognizes the gentleman The Chair recognizes the gentleman from Montgomery, from Delaware, Mr. Zearfoss. Mr. Mebus. Mr. ZEARFOSS. Mr. Speaker, this bill would make Lincoln University a state-related university. Mr. MEBUS. Mr. Speaker, I was at the same function this afternoon as Messrs. Beren, Dager, Pancoast, et al. On the calendar today we have three other bills dealing Had I been in the House, I would like it to be indicated with the state-related universities, House bills Nos. 1890, 1891 and 863. on the record that I would have voted in the affirmative on House bill No. 781. It is my understanding that this bill is not consistent with those bills, and I understand those bills are being Agreeable to order, held until some agreement is reached as to the exact char­ The House proceeded to third consideration of House acter those bills should have when passed. bill No. 796, printer's No. 880, entitled: In other words, there is an attempt being made to get the three present state-related universities with the same An Act providing for the establishment and operation kind of an organic act. of Lincoln University as an instrumentality of the Com­ monwealth to serve as a State-related institution in the It seems to me that this bill should be held and amended higher education system of the Commonwealth; providing to be consistent as well with those three bills, so that we for change of name; providing for the composition of the will have four state-related universities, if we are sup­ board of trustees; terms of trustees and the power and posed to have four state-related universities, with the duties of such trustees; providing for the preference to Pennsylvania residents in tuition; authorizing appropria­ same type of organic acts. Maybe I am wrong on this, tions in amounts to be fixed annually by the General As­ but I would like to interrogate Mr. Wise, if he is willing sembly; providing for the auditing of accounts of expen­ to be interrogated, to find out if that is not his under­ ditures from said appropriations; providing for public sup­ standing as well. port and capital improvements; authorizing the issuance of bonds exemnt from taxation within the Commonwealth; The SPEAKER. Will the gentleman from Lycoming, Mr. requiring the President to make an annual report of the Wise, consent to interrogation? operations of Lincoln University. Mr. WISE. I shall, Mr. Speaker. The SPEAKER. The gentleman may proceed. On the question, Mr. ZEARFOSS. Mr. Speaker, if the gentleman, Mr. Will the House agree to the bill on third consideration? Wise, would answer this question, are these three bills The SPEAKER. The Chair recognizes the gentleman which I referred to, House bills Nos. 863, 1890 and 1891, from Indiana, Mr. Shane. being held for amendments, so that the three state-related Mr. SHANE. Mr. Speaker, this bill would provide that Commonwealth acts can be made consistent and equiv­ Lincoln University would become one of the state-related alent? universities. Mr. WISE. This is correct, Mr. Speaker. A small bit of background on the subject: Mr. ZEARFOSS. Mr. Speaker, do you not think that this It is my understanding from our caucus discussions on bill should be put in the same category and treated the this bill that beginning with the fiscal year 1972 Lincoln same way and get the same amendments that are neces­ University would receive an appropriation of approxi­ sary to make it consistent with the other three before we mately $2.4 million for their maintenance expenses. act on it finally? Lincoln University, from discussions in the caucus, has Mr. WISE. Let me answer that this way, Mr. Speaker: approximately 1,100 students. r have repeated these statis­ The only question which I think this House and the Senate tics on the fioor before, but I want to insert them again must decide is whether or not Lincoln University should for the record. become a state-related university. If you divide the amount of money that Lincoln is ex­ If the House and the Senate answer that question in the pected to receive next year, should it become a state­ affIrmative, there is no question that we will have to make related institution, by the number of students attending Lincoln's act conform to the other three with reference 2508 LEGISLATIVE JOURNAL-HOUSE March 14, to nonresident students and the tuition and the like, but I The SPEAKER. The Chair recognizes the gentleman am not at all sure that we ought to come to grips with from Philadelphia, Mr. Williams. that problem now. Mr. WILLIAMS. Mr. Speaker, I think the issue is, as I think we ought to decide the basic question, do we Mr. Wise said, whether or not we want to make Lincoln want Lincoln University to become a state-related univer­ University a state-related school. sity? Then if the answer to that is yes, we can very easily In all respect to Mr. Shane's statistics which I am not make the necessary changes. completely sure of, I would like to point out that Lin­ coln University has served this Commonwealth for many, The SPEAKER. The Chair recognizes the gentleman many years in relationship to giving the opportunity to from Delaware, Mr. Zearfoss. certain students who did not have the opportunity when Mr. ZEARFOSS. Mr. Speaker, it seems to me that that I came along and for many years after that. is putting the cart before the horse. I do think that, be­ In addition to that, Lincoln University serves a very cause of the problem we are having with amendments unique kind of service for our citizens throughout this to the other three bills, this bill should be held at least state and has been doing that for a long, long time. What­ until that time. ever problems or adjustments may have to be made in I am not against this bill, I want that clearly under­ the future is one thing, but I would strongly ask and urge stood. I plan to support it, but I do think that when we the members of the House not only to vote in favor of have these questions to resolve with respect to the other the bill but, by doing so, to recognize the signal service state-related universities, we should resolve it before we that that university has rendered our Commonwealth in finally pass this bill. the past. Thank you, Mr. Speaker. MOTION TO TABLE HOUSE BILL No. 796 The SPEAKER. The Chair recognizes the majority Mr. ZEARFOSS. For that reason, Mr. Speaker, I move leader. to lay this bill on the table. I cannot make it for a certain Mr. IRVIS. Mr. Speaker, I would ask the support of time; I suppose it will have to lay on the table indefinitely. the members of the House for House bill No. 796, which would make Lincoln University a state-related uni­ The SPEAKER. The Chair recognizes the majority versity. leader. There may be members of this House, although I doubt Mr. IRVIS. Mr. Speaker, I oppose the gentleman's mo­ it, who know very little about the history of Lincoln Uni­ tion to table House bill No. 796, printer's No. 880. I ask a versity. Primarily, Lincoln University has been the negative vote so we may get on with the business of the source· of higher education for a number of very gifted day. black men and some black women now for a period of On the question, nearly 100 years. Will the House agree to the motion? Pennsylvania ought to be proud, although I sometimes Motion was not agreed to. doubt that Pennsylvanians are even aware, of the fact that Lincoln University has worldwide status. The SPEAKER. The Chair recognizes the gentleman The former Prime Minister of Ghana, Nkrumah, was from Delaware, Mr. Zearfoss. educated at Lincoln University. The present black mem­ Mr. ZEARFOSS. Mr. Speaker, I have no further com­ ber of the United States Supreme Court was educated at ments. I am not against the bill, as I said. Lincoln University. The SPEAKER. The Chair recognizes the gentleman If you go through the record for the last century, or from Philadelphia, Mr. Vann. nearly the last century, you will find that a large num­ Mr. VANN. Mr. Speaker, I see no reason why we should ber-not a majority, but a large number-of those black delay it. I am glad that the House saw fit not to vote for men who have made significant contributions to this the motion to table. country have been educated at Lincoln University, and all I take the floor today because, if we remember, some of this has been done with minimal support from the two years ago a similar type of bill was on the calendar. general public of Pennsylvania. At that time I opposed the motion to make Lincoln Uni­ Today we hope to correct that. We hope today to make versity a state-related university. I opposed it not because Lincoln University part of the state-related series of I was personally against it, but because at that time universities, and I ask your affirmative vote on this bill. neither the president, the board of directors, the alumni, On the question recurring, the student body nor any persons associated with Lincoln Will the House agree to the bill on third consideration? University were in favor of such a move. Bill was agreed to. Today, however, it is an entirely different situation. In fact, the situation is in reverse. T, today, rise in favor of And said bill having been considered on three different this bill because all of those factors and all of those per­ days and agreed to, sons associated with Lincoln University today are in favor On the question, of making Lincoln University a state-related institution. Shall the bill pass finally? I do not intend to continue a long dissertation, Mr. Speaker, but I simply rise to say that I think we are in Agreeable to the provisions of the constitution, the yeas order. I do not think we should confuse this bill with the and nays were taken and were as follows: other bills, and I would ask that we vote on this bill today. I would also ask the members of this chamber to vote YEAS-150 in favor of the bill. Alexander Goodman Malady Ryan Th~kyou. Allen, F. 114. Greenfteld Manbeck Rybak ArtbUl'B Grini ManderlnQ Savitt 1972. LEGISLATIVE JOURNAL-HOUSE 2509

Barber Hamilton, J. H. Martino Scanlon The SPEAKER. The gentleman's remarks will be noted Bellomlnl Hamilton, R. K. MlUtrangelo Scheaffer Bennett Haskell :McClatchy Schulze for the record. Berkes Hayes,D.S. JoicCue Sclrica Berson Hepford McCurdy Seltzer The Chair recognizes the gentleman from Montgomery, Bonetto Hm McGraw Semano1f Mr. Pancoast. For what purpose does the gentleman rise? Brunnel' Homer McMonagle Shelton Caputo Hopkins Meholchlck Sherman Mr. PANCOAST. I rise to a question of personal Cessar Hom Miller ShupD.lk privilege. Comer Horner Morril SroHh The SPEAKER. The gentleman will state it. Coppolino Hutchinson Mullen, M. M. S~er Coyne Irvls Mullen. M. P. Stemmler Mr. PANCOAST. I would like the record to show that Crowley Johnson, G. R. Murtha Stone had I been present, I would have voted in the affirmative Davis, E.B. Johnson, J. J. Musto Stout Davis. R.O. Jones Myer. Sullivan on House bill No. 796. DeMedlo Kahle Needham Thomas Thank you. Dlnlnnl Katz Novak Toll Dombrowski Kaufman O'Brlen U8t;rn00&k1 The SPEAKER. The Chair recognizes the minority Dorsey Kelly, A. P. O'Connp-n Vallcenti Doyle Kelly, J. B. O'Donnell Venn whip. DreibelbIs Kennedy Parker. H. S. Walsh Mr. BUTERA. Mr. Speaker, I was, likewise, attend­ Fee Kester Perry W..ll!! Fenrlch Kistler Pez.ak Williams ing a funeral earlier this afternoon and would like the Fischer Klepper Piper Wilson record to show that I am now present, and I would have Fox Klunk Prendergast Wilt. R. W. voted in the affirmative on House bill No. 796. Frank Knepper Rappaport WIIM! Gallagher Kolter Renninger Wojdak Gallen Kowalyshyn Renwiclr Worrllow The SPEAKER. The Chair recognizes the gentleman Geisler Kury Reynold. Wright from Montgomery, Mr. Yohn. Gekas Lederer Rieger Yahner Gelfand Lee Rlttel:' %.earfC&s Mr. YOHN. Mr. Speaker, I was, likewise, at the fu­ Gillette Lehr Rowe Zimmerman neral, and I would like the record to show that I am now Gleason Letterman Ruane present and would have voted in the affirmative on House Gleeson Lutty RUlU:lero Fineman. Good Lynch, Francis Rush Speaker bill No. 796. NAYS-35 The SPEAKER. The Chair recognizes the lady from Montgomery, Mrs. Fawcett. Anderson. J.lL Foster Moore Taylor BitUe Frankenburg O'Pake Wanaacz Mrs. FAWCETT. Mr. Speaker, I would, likewise, have Bixler Geesey ParkeI:'. B. L. Worco voted in the affirmative on House bill No. 796 had I been Blair Halverson. Saloom Weidner here. Burkardt Harrier Schmillt We.terberc Davls,D.M. Hayes, S. E. Shane Wilt, W. W Early Hetrick Shelhamer Zeller The SPEAKER. The Chair recognizes the gentleman EckensbergeJ:l Hovts Shuman Zord from Montgomery, Mr. Beren. Foor Lynch, Frank StMle Mr. BEREN. Mr. Speaker, before when I asked my NOT VOTING-17 presence to be noted, I did not ask that my votes be re­ corded. I would ask that I be recorded in the affirma­ Allen. W. W. Dager LaMarca Moscr1p tive on House bill No. 796. Anderson. 8. A. Englehart Laudadio Pancoast Beren FawceU IloIebWl Plevsky The SPEAKER. The gentleman's votes cannot be re­ Butera Fryer Melton Yo.hn corded. The gentleman can indicate that if he had been Crawford present, he would have voted in the affirmative. The majority required by the constitution having voted Mr. BEREN. Had I been present, I would have voted in the affirmative, the question was determined in the in the affirmative on House bill No. 796. affirmative. The SPEAKER. The gentleman's remarks will be noted Ordered, That the clerk present the same to the Senate on the record. for concurrence. The Chair recognizes the gentleman from Montgomery, Mr. Mebus. QUESTIONS OF PERSONAL PRIVILEGE Mr. MEBUS. Mr. Speaker, I was at the same function this afternoon as Messrs. Beren, Dager, Pancoast, et al. The SPEAKER. The Chair recognizes the lady from Had I been in the House, I would like it to be indicated Chester, Mrs. Crawford. For what purpose does the lady on the record that I would have voted in the affirmative rise? on House bill No. 796. Mrs. CRAWFORD. I rise to a question of personal privi­ lege. FORMER MEMBER WELCOMED The SPEAKER. The lady will state it. Mrs. CRAWFORD. Mr. Speaker, if I had been in my The SPEAKER. The Chair wants to recognize a former seat, I would have voted for House bill No. 796. member of this House from Northampton County, Mr. The SPEAKER. The lady's remarks will be noted for Elmer Geiss, who is here today as a guest of the North­ the record. ampton County delegation. The Chair recognizes the gentleman from Montgomery, Mr. Dager. For what purpose does the gentleman rise? WELFARE REFORM GROUP WELCOMED Mr. DAGER. I rise to a question of personal privilege. The SPEAKER. The Chair also wants to recognize The SPEAKER. The gentleman will state it. guests of the gentleman, Mr. Williams. Mr. DAGER. Mr. Speaker, I was not present when the These people are from Philadelphia, Delaware and vote was taken on House bill No. 796. Had I been here, I Montgomery Counties and representing the Campaign for would have voted "yes." Adequate Welfare Reform Now. They represent church 2510 LEGISLATIVE JOURNAL-HOUSE March 14, groups, welfare rights organizations, and health and wel­ Ordered, That the clerk present the same to the Senate fare councils. for concurrence. Agreeable to order, The House proceeded to third consideration of House QUESTIONS OF PERSONAL PRIVILEGE bill No. 1958, printer's No. 2541, entitled: The SPEAKER. The Chair recognizes the gentleman An Act amending "The General Appropriation Act of from Montgomery, Mr. Dager. For what purpose does 1971," approved August 31, 1971 (Act No. 27-A), providing the gentleman rise? for an increase in the appropriation to the Legislative Mr. DAGER. I rise to a question of personal privilege. Audit Advisory Commission to make up a deficiency. The SPEAKER. The gentleman will state it. On the question, Mr. DAGER. Mr. Speaker, I was not present when the Will the House agree to the bill on third consideration? vote was taken on House bill No. 1958. Had I been here, I Bill was agreed to. would have voted "yes." The SPEAKER. The gentleman's remarks will be spread And said bill having been considered on three different upon the record. days and agreed to, The Chair recognizes the gentleman from Montgomery, On the question, Mr. Pancoast. For what purpose does the gentleman Shall the bill pass finally? rise? Agreeable to the provisions of the constitution, the yeas Mr. PANCOAST. I rise to a question of personal and nays were taken and were as follows: privilege. The SPEAKER. The gentleman will state it. YEAS-132 Mr. PANCOAST. I would like the record to show that Anderson, J. H. Greenfield Mastrangelo Ryan had I been present, I would have voted in the affirmative Arthurs Gring McClatchy Rybak on House bill No. 1958. Barber Hamilton J. H. McCue Savitt Bennett Hamilton R. K. McCurdy Scanlon Thank you. Berkes Hepford McGraw Scirica Berson Hetrick McMonagle Seltzer The SPEAKER. The Chair recognizes the minority Bittle Homer Meholchick Semanoff whip. Blair Horner Miller Shelhamer Bonetto Hovis Morris Shelton Mr. BUTERA. Mr. Speaker, I was, likewise, attending Brunner Hutchinson Mullen. M. M. Sherman a funeral earlier this afternoon and would like the record Burkardt lrvis Mullen. M. P. Shupnik Caputo Johnson. G. R. Murtha Spencer to show that I am now present, and I would have voted in Comer Johnson. J. J. Musto Stemmler the affirmative on House bill No. 1958. CoppolinO Kahle Myers Stout Coyne Katz Needham Sullivan Crowley Kaufman Novak Taylor The SPEAKER. The Chair recognizes the gentleman DavIs, E. B. Kelly. A.P. O'Brien Thomas from Montgomery, Mr. Yohn. DeMedlo Kennedy O'Connell Toll Mr. YOHN. Mr. Speaker, I was, likewise, at the funeral, Dombrowski Kester O'Donnell Ustynoski Dorsey Kistler O'Pake Valicenti and I would like the record to show that I am now present Doyie Klepper Parker. H. S. Vann and would have voted in the affirmative on House bill No. Dreibelbis Klunk Perry Wansacz EckenslJerger Kolter Pezak Wargo 1958. Fee Kowalyshyn Prendergast Wells Fenrlch Kury Rappaport Williams The SPEAKER. The Chair recognizes the lady from Fox Lederer Renninger Wise Frank Lee Renwick Wojdak Montgomery, Mrs. Fawcett. Gallagher Lehr Reynolds Worrilow Mrs. FAWCETT. Mr. Speaker, I would, likewise, have Geesey Letterman Rieger Yahner Geisier Lutty Ritter Zearfoss voted in the affirmative on House bill No. 1958 had I been Gelfand Lynch, Francis Rowe here. Gillette Malady Ruggiero Fineman, Gleeson Manderino Rush Speaker Goodman Martino The SPEAKER. The Chair recognizes the gentleman from Montgomery, Mr. Beren. NAYS-52 Mr. BEREN. Mr. Speaker, before when I asked my Alexander Gallen Kelly. J. B. Shuman presence to be noted, I did not ask that my votes be re­ Allen. F. M. Gekas Knepper Smith Bellomlnl Gleason Lynch. Frank Stone corded. I would ask that I be recorded in the affirma­ Bixler Good Manbeck Walsh tive on House bill No. 1958. Cessar Halverson Moore Weidner Davis. D. M. Harrier Parker. B. L. Westerberg The SPEAKER. The gentleman's votes cannot be re­ Davis, R. O. Haskell Piper Wilson corded. The gentleman can indicate that if he had been Dlninni Hayes. D. S. Ruane Wilt. R. W. present, he would have voted in the affirmative. Early Bayes. S.E. Saloom Wilt, W. W. Fischer Hill Scheaffer Wright Mr. BEREN. Had I been present, I would have voted Fool' Hopkins Schmitt Zeller in the affirmative on House bill No. 1958. Foster Horn Schulze Zimmerman Frankenbur, Jones Shane Zord The SPEAKER. The gentleman's remarks will be noted for the record. NOT VOTING-18 Allen. W. W. Dager Laudadio Pancoast The Chair recognizes the gentleman from Montgomery, Anderson, S. A. Englehart Mebus Pievsky Mr. Mebus. Beren Fawcett Melton Steele Butera Fryer Moscrip Yohn Mr. MEBUS. Mr. Speaker, I was at the same function CraWford LaMarca this afternoon as Messrs. Beren, Dager, Pancoast, et al. The majority required by the constitution having voted Had I been in the House, I would like it to be indicated in the affirmative, the question was determined in the on the record that I would have voted in the affirmative affirmative. on House bill No. 1958. 1972. LEGISLATIVE JOURNAL-HOUSE 2511

The SPEAKER. The Chair recognizes the gentleman NOT VOTING-19 from Centre, Mr. Dreibelbis. For what purpose does the Allen. W. W. Dager LaMarca Moscrlp gentleman rise? Anderson, S. A. Englehart Laudadlo Pancoast Beren Fawcett Lutty Pievsky Mr. DREIBELBIS. I rise to a question of personal Butera Fenrich Mebus Y.ohn privilege. Crawford Fryer Melton The SPEAKER. The gentleman will state it. The majority required by the constitution having voted Mr. DREIBELBIS. Mr. Speaker, on House bill No. in the affirmative, the question was determined in the af­ 1958, printer's No. 2541, I inadvertently voted "yea." I firmative, wanted to vote "nay." Ordered, That the clerk return the same to the Senate The SPEAKER. The gentleman's remarks will be noted with information that the House has passed the same for the record. without amendment. Agreeable to order, The House proceeded to third consideration of Senate QUESTIONS OF PERSONAL PRIVILEGE bill No. 960, printer's No. 1095, entitled: The SPEAKER. The Chair recognizes the gentleman An Act amending the act of May 11, 1949 (P. L. 1210), from Mercer, Mr. Wilt. For what purpose does the gen­ entitled "An act relating to group life insurance; ** *," removing all limits on the permitted amount of insurance tleman rise? coverage in certain cases. Mr. R. W. WILT. I rise to a question of personal privi­ lege. On the question, The SPEAKER. The gentleman will state it. Will the House agree to the bill on third consideration? Mr. R. W. WILT. Mr. Speaker, on Senate bill No. 960, Bill was agreed to. printer's No. 1095, I voted in the affirmative. I would And said bill having been considered on three different like to be recorded in the negative, please. days and agreed to, The SPEAKER. The gentleman's remarks will be noted for the record. On the question, Shall the bill pass finally? The Chair recognizes the gentleman from Montgomery, Mr. Dager. For what purpose does the gentleman rise? Agreeable to the provisions of the constitution, the Mr. DAGER. I rise to a question of personal privilege. yeas and nays were taken and were as follows: The SPEAKER. The gentleman will state it. YEAS-167 Mr. DAGER. Mr. Speaker, I was not present when the vote was taken on Senate bill No. 960. Had I been here, Alexander Gillette Lynch, Francis Savitt I would have voted "yes." Allen. F. M. Gleason Lynch. Frank Scanlon Anderson. J. H. Gleeson Malady Scheaffer The SPEAKER. The gentleman's remarks will be spread Arthurs Goodman Manbeck Schulze upon the record. Barber Greenfield Manderlno Scirica Bellomln! Gring Martino Seltzer Bennett Hamilton. J. H. Mastrangelo Semanoff The Chair recognizes the gentleman from Montgomery, Berkes Hamilton, R. K. McClatchy Shane Mr. Pancoast. For what purpose does the gentleman rise? Berson Harrier McCue Shelhamer Mr. PANCOAST. I rise to a question of personal privi­ Bittle Haskell McCurdy Shelton Bixler Hayes, D. S. McGraw Sherman lege. Blair Hayes. S.E. McMonagle Shupnik The SPEAKER. The gentleman will state it. Bonetto Hepford Meholchick Smith Brunner Hetrick Miller Spencer Mr. PANCOAST. I would like the record to show that Burkardt Hill Morris Steele had I been present, I would have voted in the affirmative Caputo Homer Mullen, M. M. Stemmler Cessar Hopkins Mullen. M. P. Stone on Senate bill No. 960. Cornel' Horn Murtha Stout Thank you. Coppollno Horner Musto Sullivan Coyne Hovis Myers Taylol' Davis, D.M. Hutchinson Novak Thomas The SPEAKER. The Chair recognizes the minority whip. Davis, E.B. Irvis O'Brien Toll Mr. BUTERA. Mr. Speaker, I was, likewise, attending Davis, R. O. Johnson. G. R. O'Donnell Ustynoski a funeral earlier this afternoon and would like the record DeMedlo Johnson, J. J. O'Pake Vallcentl Dininn! Jones Parker. B. L. Vann to show that I am now present, and I would have voted Dombrowski Kahle Parker, H. S. Wansacz in the affirmative on Senate bill No. 960. Dorsey Katz Perry Weidner Doyle Kaufman Pezak Wells Dreibelbis Kelly, A. P. Piper Westerberg The SPEAKER. The Chair recognizes the gentleman Early Kelly. J.B. Prendergast Williams from Montgomery, Mr. Yohn. Eckensberger Kennedy Rappaport Wilson Fee Kester Renninger Wilt. R. W. Mr. YOHN. Mr. Speaker, I was, likewise, at the funeral, Fischer Kistler Renwick Wilt. W. W. and I would like the record to show that I am now pres­ Fool' Klepper Reynolds Wojdak ent and would have voted in the affirmative on Senate Foster Klunk Rieger Worrilow Fox Knepper Ritter Yahner bill No. 960. Frank Kolter Rowe Zearfoss Frankenburg Kowalyshyn Ruane Zimmerman The SPEAKER. The Chair recognizes the lady from Gallagher Kury Ruggiero Zord Gallen Lederer Rush Montgomery, Mrs. Fawcett. Geisler Lee Ryan Fineman. Mrs. FAWCETT. Mr. Speaker, I would, likewise, have Gekas Lehr Rybak Speaker Gelfand voted in the affirmative on Senate bill No. 960 had I been here. NAYS-16 Crowley Letterman Saloom Wargo The SPEAKER. The Chair recognizes the gentleman Geesey Moore Schmitt Wise from Montgomery, Mr. Beren. Good Needham Shuman Wright Halverson O'Connell Walsh Zeller Mr. BER.EN. Mr. Speaker, before when I asked my 2512 LEGISLATIVE JOURNAL-HOUSE March 14,

presence to be noted, I did not ask that my votes be re­ Gallagher Lederer Ryan Zeller Gallen . Lee Rybak Zimmerman corded. I would ask that I be recorded in the affirmative Geesey Lehr Saloom Zord on Senate bill No. 960. Geisler Letterman Savitt Gekas Lutty Scanlon Fineman, The SPEAKER. The gentleman's votes cannot be re­ Gelfand Lynch, Francis Scheaffer Speaker corded. The' gentleman can indicate that if he had been Gillette Lynch. Frank present, he would have voted in the affirmative. NAYS-O Mr. BEREN. Had I been present, I would have voted in the affirmative on Senate bill No. 960. NOT VOTING-18 The SPEAKER. The gentleman's remarks will be noted Allen, W. W. Dager Laudadio Pancoast on the record. Anderson, S. A. Englehart Mebus Parker, H. S. Beren Fawcett Melton Plevsky The Chair recognizes the gentleman from Montgomery, Butera Fryer Moscrip Yohn Mr. Mebus. Crawford LaMarca Mr. MEBUS. Mr. Speaker, I was at the same function The majority required by the constitution having voted this afternoon as Messrs. Beren, Dager, Pancoast, et al. in the affirmative, the question was determined in the af­ Had I been in the House, I would like it to be indicated firmative. on the record that I would have voted in the affirmative Ordered, That the clerk return the same to the Senate on Senate bill No. 960. with information that the House has passed the same without amendment. Agreeable to order, The House proceeded to third consideration of Senate bill No. 1094, printer's No. 1274, entitled: QUESTIONS OF PERSONAL PRIVILEGE An Act authorizing the Department of Property and The SPEAKER. The Chair recognizes the gentleman Supplies, with the approval of the Governor and the Sec­ from Montgomery, Mr. Dager. For what purpose does retary of Transportation, to sell and convey land situate in the City of Williamsport, Lycoming County. the gentleman rise? Mr. DAGER. I rise to a question of personal privilege. On the question, The SPEAKER. The gentleman will state it. Will the House agree to the bill on third consideration? Mr. DAGER. Mr. Speaker, I was not present when the Bill was agreed to. vote on Senate bill No. 1094 was taken. Had I been here, And said bill having been considered on three different I would have voted "yes." days and agreed to, The SPEAKER. The gentleman's remarks will be noted for the record. On the question, Shall the bill pass finally? The Chair recognizes the gentleman from Montgomery, Mr. Pancoast. For what purpose does the gentleman rise? Agreeable to the provisions of the constitution, the yeas Mr. PANCOAST. I rise to a question of personal privi­ and nays were taken and were as follows: lege. The SPEAKER. The gentleman will state it. YEAS-184 Mr. PANCOAST. I would like the record to show that Alexander Gleason Malady Schmitt had I been present, I would have voted in the affirmative Allen, F. M. Gleeson Manbeck Schulze Andp.rson. J. H. Good Manderino Sclrlca on Senate bill No. 1094. Arthurs Goodman Martino Seltzer Thank you. Barber Greenfield Mastrangelo Semanoff Bellomlnl Gring McClatchy Shane The SPEAKER. The Chair recognizes the minority whip. Bennett Halverson McCue Shelhamer Berkes Halllilton, J. H. McCurdy Shelton Mr. BUTERA. Mr. Speaker, I was, likewise, attending Berson Hamilton, R. K. McGraw Sherman a funeral earlier this afternoon and would like the record Bittle Harrier McMonagle Shuman Bixler Haskell Meholchlck Shupnik to show that I am now present, and I would have voted Blair Hayes, D. S. Miller Smith in the affirmative on Senate bill No. 1094. Bonetto Hayes, S. E. Moore Spencer Brunner Hepford Morris Steele Burkardt Hetrick Mullen, M. M. Stemmler The SPEAKER. The Chair recognizes the gentleman Caputo Hill Mullen. M. P. Stone from Montgomery, Mr. Yohn. Cessar He,mer Murtha Stout Comer Hopkins Musto Sullivan Mr. YOHN. Mr. Speaker, I was, likewise, at the funeral, Coppolino Horn Myers Taylor and I would like the record to show that I am now pres­ Coyne Horner Needham Thomas ent and would have voted in the affirmative on Senate Crowley Hovis Novak Toll Davis, D.M. Hutchinson O'Brien Ustynoskl bill No. 1094. Davis, E. B. Irvis O'Connell Valicenti Davis, R. O. Johnson, G. R. O'Donnell Vann The SPEAKER. The Chair recognizes the lady from DeMedlo Johnson. J. J. O'Pake Walsh Dinlnnl Jones Parker. B. L. Wansacz Montgomery, Mrs. Fawcett. Dombrowski Kahle Perry Wargo Mrs. FAWCETT. Mr. Speaker, I would, likewise, have Dorsey Katz Pezak Weidner Doyle Kaufman Piper Wells voted in the affirmative on Senate bill No. 1094 had I been Dreibelbis Kelly, A. P. Prendergast Westerberg here. Early Kelly, J. B. Rappaport Williams Eckensberger Kermedy Renninger Wilson The SPEAKER. The Chair recognizes the gentleman Fee Kester Renwick Wilt, R. W. Fenrlch Kistler Reynolds Wilt. W. W. from Montgomery, Mr. Beren. Fischer Klepper Rieger Wise Mr. BEREN. Mr, Speaker, before when I asked my Foor Klunk Ritter Wojdak Foster Knepper Rowe Worrilow presence to be noted, I did not ask that my votes be re­ Fox Kolter Ruane Wright corded. I would ask that I be recorded in the affirmative Frank Kowalyshyn Ruggiero Yahner Frankenburs Kury Rush Zearfoss on Senate bill No. 1094. 1972. LEGISLATIVE JOURNAL-HOUSE 2513

The SPEAKER. The gentleman's votes cannot be re­ DEMOCRATIC CAUCUS corded. The gentleman can indicate that if he had been present, he would have voted in the affirmative. The SPEAKER. The Chair recognizes the majority Mr. BEREN. Had I been present, I would have voted leader. In the affirmative on Senate bill No. 1094. Mr. IRVIS. Mr. Speaker, I am asking that the House The SPEAKER. The gentleman's remarks will be noted be declared in recess until 4:30 p.m. I am asking also on the record. that the members of the Democratic Party report as promptly as possible to the majority caucus room. We The Chair recognizes the gentleman from Montgomery, shall be discussing the home rule charter bill, Senate bilI Mr. Mebus. No. 752. Mr. MEBUS. Mr. Speaker, I was at the same function When we return to the floor, we shall be taking all this afternoon as Messrs. Beren, Dager, Pancoast, et al. amendments and I would hope that there are no amend­ Had I been in the House, I would like it to be indicated ments left out, that the members have taken our warn­ on the record that I would have voted in the affirmative ing and that they have their amendments ready. We shall on Senate bill No. 1094. not entertain amendments to this bill which are not now prepared and which have not been delivered to both the Republican and Democratic caucuses for consideration. BILLS REPORTED AND CONSIDERED We shall consider other matters during this caucus, but FIRST TIME the main matter will be the home rule charter bill, Sen­ ate bill No. 752. HOUSE BILL No. 62 By Mr. SHERMAN Thank you, Mr. Speaker. An Act amending "The Vehicle Code," approved April 29, 1959 (P. L. 58), further regulating the weight of ve­ hicles and tractors on bridges and providing penalties, and POLICY COMMITTEE MEETING AND making changes to conform to existing law. REPUBLICAN CAUCUS Reported from Committee on Transportation Safety. The SPEAKER. The Chair recognizes the minority leader. HOUSE BILL No. 957 By Mr. COMER Mr. LEE. Mr. Speaker, for the information of the Re­ An Act authorizing the Department of Property and publican members, there will be, immediately upon the Suoplies, with the approval of the Governor, to grant declaration of a recess, a Policy Committee meeting. So and convey 1.39 acres, more or less, of land, situate in would the members of the Policy Committee, immediately South Union Township, Fayette County, Pennsylvania. upon the declaration of the recess, convene in my office? Reported from Committee on State Government. For the remainder of the members, our caucus will start promptly at 2:40 p.m. Would you please meet HOUSE BILL No. 1814 By Mr. ZORD promptly in the caucus room at 2:40 p.m.? An Act requirin~ depositories for certain mail in penal institutions, prohibiting the opening of mail deposited RECESS therein and providing penalties. The SPEAKER. Without objection, the Chair now de­ Reported from Committee on Law and Order. clares a recess until 4:30 p.m. HOUSE BILL No. 1906 By Mr. COMER The Chair hears no objection. This House is now in recess. An Act amending the "Pennsylvania Election Code," approved June 3, 1937 (P. L. 1333), providing for the certification of district committees as watchers. AFTER RECESS Reported from Committee on State Government. The time of recess having expired, the House was call­ ed to order.

TRANSPORTATION AND SAFETY THE SPEAKER (Herbert Fineman) IN THE COMMITTEE MEETING CHAIR The SPEAKER. The Chair recognizes the gentleman from Philadelphia, Mr. Sherman. REMARKS PRESENTED FOR LEGISLATIVE Mr. SHERMAN. Mr. Speaker, I wish to hold a very JOURNAL brief meeting, at the declaration of the recess, of the The SPEAKER. The Chair recognizes the gentleman 'l'ransportation and Safety Committee in the room at the from Dauphin, Mr. Hepford. rear of the House. Mr. HEPFORD. Mr. Speaker, I ask unanimous consent to submit a brief statement for the record together with WAYS AND MEANS COMMITTEE MEETING correspondence of the state planning board and the state hospital. The SPEAKER. The Chair recognizes the gentleman The SPEAKER. The gentleman will send the material from Beaver, Mr. Hamilton. to the desk. Mr. R. K. HAMILTON. Mr. Speaker, as chairman of Mr. HEPFORD submitted the following remarks for the the Ways and Means Committee, I request that a meeting Legislative Journal: be held in the lounge in the rear of the hall of the House immediately upon the declaration of the recess. March 14, 1972 The SPEAKER. The Chair hears no objection. Mr. Speaker, on Saturday, March 11, 1972, headlines of 2514 LEGISLATIVE JOURNAL-HOUSE March 14, the Patriot revealed for the firs:t time that 46 acres of If the State has no objection to the transfer of land to state-owned land, a portion of the 900 acres comprising School Districts, I am sure the Susquehanna Township the property of the Harrisburg State Hospital, was ap­ School District would desire 50 acres along Elmerton Ave­ proved by the various planning agencies of the Common­ nue. In addition, perhaps the State would allocate 100 wealth for transfer to the Harrisburg City School Dis­ acres to the Township for a park and recreation facilities. trict. Mr. Speaker, I voice no opinion on the plan at this time At this time I have not received sufficient information because I have not had sufficient information to determine to form an opinion relative to this transfer. However, this the merits of the proposed plan, however, I do object is not the first time this site was considered for transfer to the secrecy which surrounds state government with re­ to a Department of State Government, however, it is the spect to state-owned land, and particularly, this large first time that any portion of the State Hospital land was tract so vital to state government, the City of Harrisburg, recommended for transfer to a legal entity other than the Susquehanna Township and Dauphin County. Commonwealth of Pennsylvania. Mr. Speaker, I ask that the correspondence and exhibits The disturbing situation in this matter is the apparent referred to herein be made a part of this legislative record. lack of a master plan for the utilization of all the State Hospital ground. HOUSE OF REPRESENTATIVES Mr. Speaker, I forwarded a letter to the State Planning Commonwealth of Pennsylvania Board on January 5, 1971, (copy attached hereto) request­ Harrisburg ing a copy of the master plan, or being advised where the same could be seen. January 8, 1971 In response to that letter, I received a letter dated Jan­ Mr. Irving Hand, Executive Director uary 7, 1971, from the Executive Director of the State State Planning Board Planning Board (a copy of that letter is attached hereto). Room 503, Finance Building Therein, the Executive Director indicated work is proceed­ Harrisburg, Pennsylvania ing concerning a Twenty Year Master Plan for the Capitol Complex and a Master Plan for the Farm Show Complex Dear Mr. Hand: and that consideration is being given to possible utiliza­ tion of the property of the Harrisburg State Hospital. Thank you for your letter of January 7th and In response to the Executive Director's letter of January the enclosures. It is clear to me there is no master 7, 1971, I forwarded a letter, dated January 8, 1971, to the plan for the utilization of the Harrisburg State State Planning Board wherein I said: "Since this land is Hospital ground. situated entirely within my legislative district, I would Since this land is situated entirely within my respectively request that I be notified if any individual, legislative district, I would respectively request corporation, authority or Department of State Government that I be notified if any individual, corporation, requests transfer or use of any portion of the Harrisburg authority or Department of State Government re­ State Hospital land." quests transfer or use of any portion of the Harris­ Governor Shapp's news release yesterday indicated sev­ burg State Hospital land. eral months of study were involved and that the Depart­ Thank you for your cooperation. ment of Transportation and David M. Walker Associates, Very truly yours, consultants for the Capitol Complex 20-Year Study co­ operated in selecting the proposed site. H. JOSEPH HEPFORD In the past, I have sponsored legislation transferring HJH:vh approximately 50 acres of this ground to various depart­ cc: Dr. Laucks ments of state government. I do not believe any further Dr. Adlestein transfer of this state land should be made until a master plan has been presented and approved. COMMONWEALTH OF PENNSYLVANIA There have been rumors that the Department of Agri­ culture plans to abandon the State Hospital land as the GOVERNOR'S OFFICE site for the new Farm Show Complex, and that it is con­ Harrisburg sidering acquiring private property in Lower Dauphin 17120 County. Since the State Police acquired 43 acres for a new Head­ State Planning Board quarters, what proposed use is planned for their present P. O. Box 191 location, bounded by the Herr Street By-Pass and the January 7, 1971 proposed site for transfer to the Harrisburg City School District? Further, what disposition is to be made of all The Honorable H. Joseph Hepford the land adjoining the Harrisburg Area Community Col­ House of Representatives lege where the present Farm Show Buildings and parking Harrisburg, Pennsylvania 17120 lot are located. This area is within the City limits of Dear Mr. Hepford: Harrisburg. Mr. Speaker, I call upon the State Planning Board to I would be pleased to meet with you to review release its studies and plans concerning the proposed use the various points referred to in your letter of of the Harrisburg State Hospital land and not ask for January 5. continual piece-meal subdivision. If this practice is con­ This office did not prepare a press release or tinued a master plan may not be developed. talk to any reporter in connection with the news 1972. LEGISLATIVE JOURNAL-HOUSE 2515

story to which you refer. To the best of my Hand's memo to Carlin of February 18, 1970, re: knowledge, only the enclosed memoranda might Land Disposition.) have prompted the interpretation reported in the 2. The Twenty-Year Capitol Complex Master press. Development Plan, now in the process of being I also might add that in the work that is pro­ prepared, probably will recommend that only a ceeding concerning a Twenty Year Master Plan limited number of state office facilities can be for the Capitol Complex and a Master Plan for added in the Main Capitol Complex area and the Farm Show Complex, consideration is being that consideration be given to the development of given to possible utilization of the property of a satellite Capitol Complex on the grounds of the Harrisburg State Hospital. Harrisburg State Hospital. The Departments of I have discussed these matters in the past with Health and Public Welfare have already expressed the Secretary of Public Welfare and would be their interest in relocating all of their present pleased to review them with Doctor Adlestein functions to new facilities to be constructed on and Doctor Laucks. the Harrisburg Hospital grounds. This would re­ Sincerely, lease the present Health and Welfare Building for other state uses. IRVING HAND 3. Site "B" of the proposed State Farm Show Executive Director Complex Development is the same acreage which Ene. these two organizations wish to acquire for low cc: Dr. Joseph Adlestein income housing. Despite the fact that no decision Dr. S. P. Laucks has yet been reached regarding the Farm Show Complex, it would not be prudent to convey this Commonwealth of Pennsylvania land to non-Commonwealth agencies before a de­ cision has been made. November 27, 1970 4. There is a sanitary landfill operating under the approval of the Department of Health at the Subject: Request for Land Transfer, northern end of the site. In order to give up this Harrisburg State Hospital site it will be necessary to find an alternate land­ To: Dominick J. Pastore fill. The hospital complex uses this landfill under Secretary of Administration contract with the operator. and Budget Secretary 5. There is not sufficient information in the letters from Albert S. Schmidt, Jr., President of From: Irving Hand the Greater Harrisburg Neighbors, Inc., and Mr. Executive Director Arthur F. Nelson, Jr., President of Metropolitan State Planning Board Harrisburg Inter-Religious Housing Corporation Your memorandum of November 17, 1970, re­ to properly evaluate a request for alternative use quested comments on a request made by two of this site for housing. organizations interested in the construction of low cc: Secretary Miller income housing for the transfer of 250 acres of Department of Public Welfare land at Harrisburg State Hospital. It is recom­ mended that this request be denied. It is further recommended that a policy be established re­ February 18, 1970 garding any similar requests at this institution for Land Disposition the reasons listed below. William J. Carlin 1. The Department of Public Welfare has re­ Deputy Secretary of Administration ceived requests for land at this institution from and Budget the following state agencies: Historical and Mu­ seum Commission (5.49 acres); Game Commission Irving Hand, Executive Director (15.5 acres); State Police (43.19 acres); Trans­ State Planning Board portation (10 acres); and Agriculture (186 acres). L The following comments are in reply to your The State Planning Board recommends that a three memoranda of February 5th regarding dis­ policy be established prohibiting the release of position of lands at the Hamburg State School and any of the Harrisburg State Hospital land hold­ Hospital, Farview State Hospital, and Trevose ings for any purpose until at least a development State Hospital. sketch plan is prepared. Such a sketch plan should generally determine A. The Department of Public Welfare is cur­ the hospital's land needs for present operations rently making an extensive reexamination and future development; the potential for other of Programs involving both existing and uses of any land not needed by the .hospital; and proposed Capital Facilities. based on this potential, an estimate ·of the other It would be unwise to dispose of any lands Commonwealth Agencies or: other uses to which until the Program Examination has been the land might be allocated. The requirements for completed. utilities and other services' needed by possible B. The Commonwealth should, as general users is one factor influencing any decision for policy, avoid breaking up large land hold­ allocation of these lands for other purposes. (See ingsby releasing small'portions at a time- 2516 LEGISLATIVE JOURNAL-HOUSE March 14,

whether for the use of other State Agencies authorizing the sale of that property does not or for non-Commonwealth uses. mean the property should be yielded automatically 2. Administrative Directive No. 16 of December by an agency. 22, 1967 established a Procedure Regarding Dis­ To ensure that the legitimate desire of a Com" position of Commonwealth Real Estate. We would monwealth agency to acquire Commonwealth be glad to review these procedures with you for property owned by another agency shall take the incorporation of desirable changes. The fol­ precedence over a request to acquire that prop­ lowing are suggested for consideration: erty by any other party, the following policy and A. If lands or facilities are to be released, it procedure should be observed at all times. should be in the following priority. Policy 1) Other State Agency. 1. Commonwealth real estate should not be 2) County, municipal, or other public use. sold when there is an immediate need for it by 3) Private use. another agency. B. Prior to releasing Commonwealth lands to 2. Commonwealth real estate should not be other than another State Agency use: sold when there is a potential need for it ac­ 1) Information on the proposed use cording to proposed or planned Commonwealth should be obtained in order to deter­ activities. mine, among other things, compatabil­ Procedure ity with remaining State holdings. 1. When an agency is considering disposing of 2) In addition to State Agencies, local real estate, or when a bill authorizing the sale of units of government (county and mu­ real estate owned by the agency has been intro­ nicipal) should be offered an opportu­ duced in the legislature, the agency owning the nity to comment on or indicate interest property shall notify the Department of Property in acquisition before land or facilities and Supplies. The Department of Property and are released to private individuals. In Supplies shall notify all agencies to determine if the case of large land holdings the op­ any of them has an immediate or a foreseeable portunity should be extended to Re­ need for the real estate. gional Planning Commissions where If an agency indicates such a need, the Depart­ such exist. ment of Property and Supplies shall notify the C. Large holdings such as the Welfare De­ State Planning Board and the Secretary of Ad­ partment Institutions pose a special prob­ ministration. The State Planning Board will re­ lem. Land in excess of that needed for view the proposal and will advise the Department an immediate specific purpose often exists. of Property and Supplies and the Secretary of Ad­ However, should the institution be dis­ ministration of its recommendations. If the pro­ established, the large holding in single posed use of the property by the interested agency ownership is a unique opportunity which is consistent with the best interests of the Com­ cannot be replaced. monwealth (as determined by the State Planning Board), then the Secretary of Administration will IH:RES:hk oppose the bill or instruct the agency not to dis­ pose of the property. If the need is not immedi­ COMMONWEALTH OF PENNSYLVANIA ate, the property may be leased until the need materializes. If more than one agency desires OFFICE OF ADMINISTRATION the property, the Governor shall decide which Administrative Directive No. 16 agency shall receive the property. 2. When it has been determined that property December 22, 1967 is to be leased, the lease shall be negotiated by the SUBJECT: Policy and Procedure Regarding Department of Property and Supplies with the ap­ Disposition of Commonwealth Real proval of the agency owning the property and the Estate Department of Justice. 3. In the event that no State agency indicates TO: HEADS OF ALL ADMINISTRATIVE a need for the real estate in question, the Depart­ DEPARTMENTS, INDEPENDENT ment of Property and Supplies shall notify the ADMINISTRATIVE BOARDS AND State Planning Board and provide the Board with COMMISSIONS, AND OTHER STATE the information about the property. If the State AGENCIES UNDER THE Planning Board sees no potential use of the prop­ GOVERNOR'S JURISDICTION erty, the Department of Property and Supplies should be so advised and shall proceed with the FROM: A. F. Sampson sale of the property in accordance with its estab­ Secretary of Administration and Budget.·Secretary lished practices. If the State Planning Board believes the prop­ The sale of Commonwealth real estate is an act ertyshould be retained by the Commonwealth, which should be exercised with the utmost caution the Department of Property and Supplies shall in consideration of the fact that property which contact the agency considered as the logical owner. has been sold is usually irretrievable. If the agency then indicates to the Department The fact that legislation has been introduced of Property and Supplies a future need for the 1972. LEGISLATIVE JOURNAL-HOUSE 2511

property, the Department of Property and Sup­ of whatever plans you are considering to the di­ plies shall notify the agency wishing to dispose rector of the Harrisburg State Hospital, Dr. S. P. of the property that another agency has a need Laucks. for the property. The Department of Property If the newspaper article is correct, I would fur­ and Supplies shall also notify the Secretary of ther request that a meeting be arranged with the Administration if a bill has been introduced in the Acting Secretary of Welfare, Dr. Adlestein and legislature, so that the Secretary can oppose the Dr. Laucks at the earliest possible date. bill. If the agency considered as the logical owner indicates no future need for the property, the De­ Sincerely, partment of Property and Supplies shall dispose of the property if the State Planning Board con­ H. JOSEPH HEPFORD curs. Otherwise the State Planning Board shall HJH:vh specify in writing to the Executive Board its rea­ cc: Dr. Laucks sons for having the State retain the property. The Dr. Adlestein Executive Board will make the final determination as to the disposition of the property. The Department of Property and Supplies shall Commonwealth of Pennsylvania be so advised and shall proceed with the sale of Department of Public Welfare the property in accordance with its established practices and the instructions contained in the Act HARRISBURG STATE HOSPITAL of the Legislature authorizing the sale. Pouch A 4. In those instances when an exchange of Harrisburg, Pennsylvania 17105 property appears appropriate, it shall be per­ mitted providing the Commonwealth receives a Telephone fair exchange. The agency owning the property Area Code 717, 238-7354 shall have the necessary legislation introduced December 31, 1970 for authorization of the exchange. Department of Property and Supplies will ap­ Honorable H. Joseph Hepford point an appraiser to determine the value of both House of Representatives pieces of real estate to be exchanged. The owner 22 South Third Street of the property to be exchanged shall also appoint Harrisburg, Penna. 17105 an appraiser to appraise both properties. The two appraisers shall select a third appraiser and both Dear Mr. Hepford: the State and the purchaser will agree to be bound Thank you for the copy of your December twen­ by the price agreed upon by two of the three ap­ ty-ninth letter to Governor Shafer. praisers. I am taking the time to write to you again to call your attention to the statement in the De­ HOUSE OF REPRESENTATIVES cember thirtieth Evening News article, "Shafer OK's S. Harrisburg land purchase". Near the end Commonwealth of Pennsylvania of this article there is a statement which appears to be a quotation from the Departments of Trans­ Harrisburg portation and Property and Supply as follows: January 5, 1971 "Likewise, the suggestion that an entire 25-acre plot or larger be carved out of the acreage sur­ Mr. Irving Hand, Executive Director rounding the Harrisburg State Hospital is not State Planning Board practical because it does not fit in with the master Room 503, Finance Building planning of the State Planning Board for that site. Harrisburg, Pennsylvania Already being considered for that area is a 35­ Dear Mr. Hand: acre facility for the State Police and possible lo­ cation of a new State Farm Show complex." I have recently learned from a newspaper ar­ If I am not mistaken, the transfer of the prop­ ticle that the State Planning Commission actually erty for the State Police facility has already been has a master plan for the utilization of the prop­ effected and I was assuming that we were talking erty of the Harrisburg State Hospital. about acreage over and beyond that contemplated Since this institution lies wholly within my for the State Farm Show complex. legislative district, I would appreciate receiving I was really quite interested and no little sur­ a copy of the master plan or being advised where prised to hear that the State Planning Commis­ the same can be seen. sion actually has a master plan for the utilization The director of the Harrisburg State Hospital of the property of the Harrisburg State Hospital. has indicated he has no knowledge of such rnaster I think it would be most helpful for the hospital plan. to be informed of the·State Planning Board's In determining the master plan, were the ad­ master plan for the utilization of its property ministrators of the hospital consulted? since it is the institution most directly involved. I would further request that you forward a copy Thank. you for your continued interest in the 2518 LEGISLATIVE JOURNAL-HOUSE March 14,

welfare of the hospital lying within your district of these petitions along with other interested citizens of and serving your constituency. Pennsylvania and the news media. Why have these petitions been circulated? Sincerely, Residents of the Commonwealth who reside in close S. P. LAUCKS, M.D. proximity to Presque Isle, residents who enjoy the pen­ Director insula throughout the entire year and who have, over the many years, watched and observed the ravages mother SPL:im nature has heaped onto Presque Isle, and being knowl­ cc: Mr. Smith edgeable of the vast sums of taxpayers dollars, both state Mr. Green and Federal, spent over the years on temporary erosion Mr. Boyer programs all of which have been ineffective, deem it im­ Dr. Adlestein perative to formulate and construct a permanent solution to the erosion problems of Presque Isle State Park. BILL REPORTED AS AMENDED Damage done to Presque Isle in the past years. Damages to Presque Isle in the past years, by wind, HOUSE BILL No. 1840 By Mr. R. K. HAMILTON wave and ice have necessitated such projects as re­ An Act amending- the "Tax Reform Code of 1971," ap­ building of sections of the roads, repairing a breakthrough proved March 4, 1971 (Act No.2), changing the return of the lake into the bay at the neck of the peninsula, date for the taxable year of 1971. stone and steel bulkhead-type groins being established on Reported from Committee on Ways and Means. a temporary basis to retard erosion, the use of old Christmas trees planted in the sand on the beaches, the pumping of thousands of tons of sand pumped from the BILL REREPORTED AS AMENDED bay side to the lake side to restore beaches. One such HOUSE BILL No. 1901 By Mr. SHERMAN pumping operation was sufficient enough to create a large marina on Presque Isle State Park. The erosion An Act amending "The Vehicle Code," approved April of the lakeside was so severe that it necessitated the com­ 29, 1959 (P. L. 58), further regulating authority to take possession of abandoned motor vehicles. plete relocation of an old road which at the present time is being undermined in one location due to a severe winter Rereported from Committee on Transportation Safety. storm which hit Presque Isle on December 20, 1971, which practically destroyed the road at Sunset Point. More re­ STATEMENT FOR RECORD cently, the construction of a grout retaining wall consisting of and formed by filling plastic bags with grout being The SPEAKER. The Chair recognizes the gentleman placed on the beaches to absorb wave action in two forms from Erie, Mr. Bellomini. one with an underlay of heavy padding and the other in­ Mr. BELLOMINI. Mr. Speaker, just briefly and with stalled on the sand, and have been absolutely ineffective permission from leaders of both sides of the aisle and your­ as evident by the storm damage this past December by self, I would like to have these reports and the petitions wave action alone, without the help of ice. which we have presented to the Governor today pertain­ U. S. Corps of Army Engineers Studies. ing to 65,000 residents of the Commonwealth of Pennsyl­ The U. S. Army Corps of Engineers has been studying vania who reside in the northwestern portion of Pennsyl­ the erosion problems of Presque Isle since the early 1850's, vania, primarily in the Erie County area, inserted into the most recent study was completed in 1970. To date, all the record. of these studies and engineering projects have been com­ The subject matter of these petitions is the Presque pletely inconclusive. This has all been lengthy and ex­ Isle Park and its restoration and preservation. However, pensive and Presque Isle shows only regress, to the devas­ Mr. Speaker, in view of the impending legislation be­ tation of the taxpayers dollars. The erroneous part of fore this House, we will submit our statements for the this is that Pennsylvania has gone along with the corps record, Mr. Dombrowski's statement and mine. of Army engineers and their plans and programs. Thank you. Shoreline protection on Lake Erie in other areas. The SPEAKER. The gentleman, Mr. Bellomini, will send The problems of erosion on Presque Isle are not unique. his report to the desk. Other areas on the United States shores of Lake Erie in past have encountered the same problems which we now Mr. BELLOMINI presented the following report and face. After ineffective engineering attempts by the Corps statements for the Legislative Journal: of Army Engineers, the state of Ohio engineered and ef­ Who initiated this campaign to save Presque Isle? fectively constructed their own erosion preventative proj­ The Erie County Council of Federated Sportsmens ects. At Cleveland, Ashtabula and Conneaut Harbors, the Clubs, an affiliate of the Pennsylvania Federation of latter being constructed in the late 1930's and being a Sportsmens Clubs Inc., who have over the years vigorously stone seawall. Likewise, New York State to protect the struggled to preserve and protect and to restore Lake water plant at Dunkirk and the city waterfront, also con­ Erie and the natural resources of this Commonwealth and structed a stone seawall all of which have withstood the Nation, with the cooperation of local state and Federal devastating storms and ice breakups. agenCies help, have initiated this petition campaign in the What is needed on Presque Isle? hopes of achieving a permanent solution to the longtime The information gathered in the studies of the- past by enduring problem of erosion of Presque Isle State Park. the Commonwealth of Pennsylvania coupled with the The First National Bank of Pennsylvania, in Erie, garden measures that have already proved unsuccessful and in­ clubs, church groups and local· business establishments effective should be conclusive in formulating a permanent have vigorously supported and assisted in the circulation solution to the erosion problem. Pennsylvania has the 1972. LEGISLATIVE JOURNAL-HOUSE 2519 knowledgeable personnel to expedite a solution either in Proposed statement by State Rep. Bernard state government or in private industry. Dombrowski, D-Erie, on the needs and problems of Who should do the job and why? Presque Isle Bay: There is no further time to be wasted. Immediate There's an old saying that goes something like steps of a permanent nature must be taken if we are to "necessity is the mother of invention." But neces­ save this most highly used recreational and historic piece sity is also the mother of action, and action is what of land. We are now approaching the time of year where we need today for Presque Isle in Erie. frequent severe spring storms will lash Presque Isle. It We need state funds to formulate and initiate an is not uncommon to have frequent storms during the erosion control plan for Presque Isle State Park. summer months which will cause further damage. The We need it because, while much has already been lack of ice formations due to a relatively mild winter accomplished in the area of water pollution abate­ have been both beneficial and detrimental, beneficial in as ment, much more still has to be done to preserve much as the lack of damage caused by moving ice dunes, this vital area of economic and recreational im­ detrimental in as much as ice does tend to break up the pact in northwestern Pennsylvania. wave action keeping down damage caused by wave ac­ The full potential of Presque Isle State Park tion. We cannot wait for more Federal studies, nor can has not yet been realized. With the conclusion of we wait for their completion. In the same respect, we plans now on the drafting boards for new modern cannot wait for Federal appropriations until 1974 or 1976. highways linking Erie with other major metro­ If we do, we may just as well forget about Presque Isle politan areas ... with the increasing demand for because it will not be there. Mother nature does not more and more leisure time among our citizenry wait on man, nor does she wait for man to make either ... and with the other major projects of growth economic nor feasibility studies. now being planned for this area by 1980, many Therefore, if we are to save Presque Isle State Park, more thousands of people will be drawn to the al­ Pennsylvania must shoulder this responsibility immediate­ ready tremendous recreational facilities available ly. Engineering technology and funds must be forthcom­ at Presque Isle State Park. ing immediately. Ten years ago the beaches of Presque Isle were Project 500, Pennsylvania's $500-million bond issue was in danger of being closed to public bathing be­ passed by vote by the residents of Pennsylvania to be used cause of pollution. Many, in fact, were actually for just such projects as we face with this situation. Most off limits for a while. recently in the rotunda of the capitol here, a painting of But conservation minded sportsmen and legisla­ Presque Isle, picturing a proposed solution to the erosion tors launched a program to stop the pollution. An problem, has been on display. Erie County pollution police force was formed, The picture suggests as do these petitions that a sea the first such voluntary organization of its kind in wall be constructed from the beginning of the peninsula the United States. And while progress was slow, at the western end, the length of the peninsula to the the years that followed have born fruit. eastern end. Such a wall to be located about a quarter Today, the tributary streams flowing into Lake of a mile off shore where it can be anchored to the shale Erie are relatively pure streams. These streams at bottom of the lake. If this suggestion were to be imple­ their origin are spring fed, and because of the mented, not only would it be a permanent solution to abatement of pollutants, sufficient water is flow­ erosion, but would afford a relatively calm waters between ing into Lake Erie to help dilute the pollution the breakwall and the shoreline. This area would be coming down the lake. A special compact has a most valuable and safe area for water related sports. also been formed with the other states along The estimated cost for construction of this proposed solu­ Lake Erie to develop pollution abatement pro­ tion has been estimated by the Corps of Army Engineers grams especially in the area of sewage. to cost between 55 and 60 million dollars. Thanks to organized sportsmen and our legisla­ During this fiscal year, the United States has appropri­ tors, thanks to our governmental agencies and ated through the Corps of Army Engineers only 26 million those of our bordering states, more pounds of dollars for beach erosion for the entire United States. edible fresh water fish are harvested in Lake Pennsylvania waiting for federal money, for an erosion Erie now than in any other fresh water body in protection of Presque Isle is like waiting for taxpayers the world. to become cheerful about having to pay taxes, therefore, Successful stocking pro g ram s have been it becomes the burden and duty of the Governor and the launched by both the sportsmen and the Penn­ legislators to appropriate and initiate moneys and plans sylvania Fish Commission involving such species for an immediate permanent erosion control project to as Coho Salmon, Chinook and Steelheads, and save Presque Isle State Park. Sixty-five thousand and Rainbow Trout, locally known as Lake Run Rain­ ninety-two residents of this Commonwealth ask and, yes, bow because of their ability to return from the beg you as legislators to face this responsibility and save lake into the tributary streams to spawn. As a one of the most valuable natural resources this state has. result, fishing in the waters of Lake Erie and General George Washington, General Anthony Wayne, Presque Isle Bay, even during the winter through Admiral Oliver Hazard Perry, as well as many other the ice, has emerged as a tremendous drawing sacrificing Pennsylvanians, would turn over in their graves _card for visitors. --Some of the largest Rainbow if we were to shrink from our duties in preserving that Trout caught in the State of Pennsylvania are which they fought so hard to keep. caught in the tributaries of Lake Erie. But fishing is only one facet of our uphill battle The following statement was submitted by Mr. Bello­ to restore Lake Erie as a major recreational haven mini on behalf of Mr. Dombrowski: in the United States. The beaches of Presque 2520 LEGISLATIVE JOURNAL-HOUSE March 14,

Isle have been tested and approved for public Mr. IRVIS. That is right. There was a request for a bathing. None of the other states bordering Lake roll call, yes. That is correct. I have no indication of Erie have beaches which are considered safe for debate, but there was a request for a roll call, Mr. Speak­ public bathing. And the only reason we do, is er. because of the efforts of our local conservationists. The SPEAKER. The Chair will entertain a motion for What does this all mean? It means an economic reconsideration of the vote by which this bill was re­ shot in the arm for Erie in particular, and the committed to committee. A reconsideration motion must State of Pennsylvania in general. Each year be in writing. three and a half-million people visit Presque Isle Does the minority whip have a reconsideration motion State Park. In doing so, they must pass through to submit? the City of Erie and its surrounding areas. These visitors require goods and services, such as lodg­ MOTION TO SUSPEND RULES ing, gasoline, food, automotive services, amuse­ ment, alcoholic beverages, and cigarettes. All are The SPEAKER. The Chair recognizes the minority items taxed by the state or local government. This leader. means more money for the Commonwealth. Mr. LEE. Mr. Speaker, I would move that the rules of In addition, to accommodate these visitors, hun­ the House be suspended. This was a mistake on the part dreds of people are employed as seasonal laborers of whoever marked the Speaker's calendar. We would each year. This means less unemployment. suggest that the rules be suspended upon this issue to The tourist business in the greater Erie area reconsider the vote immediately. is said to be already around $65 million a year. Of this total, some $12 million to $14 million finds On the question, it ways into the coffers of the state in the form Will the House agree to the motion? of taxes. And with the various projects now go­ Motion was agreed to. ing on, that sum should increase dramatically. The SPEAKER. The question recurs, will the House So you see, we cannot let the efforts of the last agree to the motion to reconsider the vote to recommit? 10 years go to waste. We cannot let this vital Members will proceed to vote. area of recreational and economic development The Chair wants to make it clear to the membership slip back to the 1960s. The need is for action­ of the House that we are now voting on the motion to re­ and action now-so that we can develop an erosion consider the vote by which this bill was recommitted. control program to further the accomplishments We are not voting on the motion to recommit. We and achievements we've already realized in our suspended the rules in order not to have the motion in fight to save Lake Erie and Presque Isle State writing, but we now have the motion to reconsider the Park. vote. Republicans, jump over to green. CALENDAR On the question recurring, BILL ON FINAL PASSAGE Will the House agree to the motion? Agreeable to order, The yeas and nays were required by Messrs. IRVIS and The House proceeded to consideration on final passage BUTERA and were as follows: of House bill No. 1929, printer's No. 2642, entitled: YEAS-188 An Act amending the "Tax Reform Code of 1971," ap­ proved March 4, 1971 (P. L. 6), providing refund for Alexander Gillette Lynch. Frank Scanlon sales tax paid on Federal Excise Tax and first imposing Allen. F. M. Gieason Malady Scheaffer the tax on interest from savings accounts and certificates Anderson. J. H. Gleeson Manbeck Schulze Arthurs Good Manderino Scirica of deposit earned and received on and after June 1, 1971. Barber Goodman Martino Seltzer On the question, Bellomlnl Greenfield Mastrangelo Semanoff Bennett Gring McClatchy Shane Shall the bill pass finally? Beren Halverson McCue Shelhamer Berson Hamilton, J. H. McCurdy Shelton BILL RECOMMITTED Bittle Hamilton, R. K. McGraw Sherman Bixler HarrIer McMonagle Shuman Blair Haskell Mebus Shupnlk Mr. PRENDERGAST moved that House bill No. 1929 Bonetto Hayes. D. S. Meholchick Smith be recommitted to the Committee on Ways and Means. Brunner Hayes. S.E. Miller Spencer Motion was agreed to. Burkardt Hepford Moore Steele Butera Hetrick Morris Stemmler Caputo Hill Mullen. M. M. Stone The SPEAKER. The Chair recognizes the minority whip. Cessar Homer Mullen. M. P. Stout Mr. BUTERA Mr. Speaker, from page 6, on House bill Coppolino Hopkins Murtha Sullivan Coyne Hom Musto Taylor No. 1929, I believe we indicated that there would be some Crawford Horner Myers Thomas debate on the recommittal of that bill and we also asked Crowley Hovis Needham Toll for a roll call on the same. Dagel' Hutchinson Novak Ustynoski Davis.D.M. Irvis O'Brien Villicenti The SPEAKER. The Chair's calendar does not indi­ Davis.E.B. Johnson, G. R. O'Connell Vann catethat. Davis, R.O. Johnson, J. J. O'Donnell walsh DeMedio Jones O'Pake Wansacz Is the majority floor leader on the floor of the House? D1ninni Kahle Pancoast Wargo On page 6 of today's calendar, House bill No. 1929 has Dombrowski Katz Parker, B. L. Weldnel' been recommitted. The gentleman, Mr. Butera, indicates Dorsey Kaufman Parker, H. S. Wells Doyle Kelly, A.P. Perry WesterbE'.rg that there would be some debate. Dreibelbla Kelly. J.B. Peza.k Wilson 1972. LEGISLATIVE JOURNAL-HOUSE 2521

Early Kennedy Piper Wilt,R. W. Mr. IRVIS. Mr. Speaker, the gentleman is struggling Eckensberger Kester Prendergast Wilt. W. W. Fawcett Kistler Rappaport Wise to say something which all the members already know, so Fee Klepper Renninger Wojdak why do we not get ahead with the vote? Fenrich Klunk Renwick Worrilow Mr. GEKAS. All right. Let us oppose the recommittal, Fischer Knepper Reynolds Wright Fool' Kolter . Rieger Yahner Mr. Speaker. Foster Kowalyshyn Rowe Yohn Fox Kury Ruane Zearfoss The SPEAKER. The Chair recognizes the minority Frankenburg LaMarca Ruggiero Zeller leader. Gallagher Lederer Rush Zimmerman Gallen Lee Ryan Zord Mr. LEE. Mr. Speaker, would the majority leader con­ Geesey Lehr Rybak sent to a brief interrogation? Geisler Lettennan Saloom Fineman. Gekas Lutty Savitt Speaker The SPEAKER. Will the majority leader consent to Gelfand Lynch, Francis interrogation? Mr. IRVIS. Certainly, Mr. Speaker. NAYS-3 The SPEAKER. The gentleman may proceed. Berkes Ritter Schmitt Mr. LEE. Did I understand the gentleman to say that NOT VOTING-ll the Secretary of Revenue has again changed his mind on the rules and regulations that were adopted concerning Allen. W. W. Englehart Laudadio Pievsky Anderson, S. A. Frank Melton Williams the so-called tax reform act? Comer Fryer Moscrip Mr. IRVIS. I do not know whether he has again So the question was determined in the affirmative and changed his mind or not, but I would imagine that he the motion was agreed to. has changed his mind a number of times about the bill which we passed over to him to administer, almost as On the question, many times as we changed ours, I suspect. Will the House agree to the motion to recommit? He is now, I am informed, prepared to accept the phi­ losophy of this bill, and that is the basic reason, all amend­ The SPEAKER. The Chair recognizes the majority ments aside, that I have moved to recommit the bill. leader. Mr. LEE. Does the gentleman have anything in writing Mr. IRVIS. Mr. Speaker, would you hold the vote a to indicate that this is a firm commitment this time? moment? vVe still have some confusion, which is not at Mr. IRVIS. No, sir, I do not have it in writing. But all .unusual, I admit. up until tf·Js time the word given to me by the Secretary I had intended to make a brief statement concerning of Revenue has been good. Some of you may doubt that, this bill, but I am advised that it probably is wiser to but up until this time, to me it has been good. go ahead with the vote and not take the time of the mem­ Mr. LEE. Thank you. bership, and I agree. I would ask that the motion to recommit be supported The SPEAKER. The Chair recognizes the minority and that the vote be in the affirmative. leader. For what purpose does the gentleman rise? Mr. LEE. I have had some inquiries from several of my The SPEAKER. The Chair recognizes the gentleman members who wonder if any of the switches on the other from Dauphin, Mr. Gekas. side might be broken. Mr. GEKAS. Mr. Speaker, will the majority leader sub­ The SPEAKER. Are there any switches broken in the mit to interrogation as to the reasoning for the recommit­ House? tal? Mr. LEE. Like the Northumberland County switches or The SPEAKER. Will the majority leader consent to in- one gentleman, I think, from Philadelphia who is probably terrogation? being voted who is not here. Mr. IRVIS. Yes, Mr. Speaker. The SPEAKER. The gentleman may proceed. The SPEAKER. The Chair recognizes the majority Mr. GEKAS. Can you tell us, Mr. Speaker, why you whip. insist or are taking the position that this should be re­ Mr. PRENDERGAST. Mr. Speaker, let her roll. I have committed? exhausted my five minutes. Mr. IRVIS. Yes, Mr. Speaker. I have reason to believe that the Secretary of Revenue has been convinced that the On the question recurring, attitude evoked by House bill No. 1929 should be officially Will the House agree to the motion to recommit? accepted. Therefore, it would not be necessary for us to pac;s this bill. The yeas and nays were required by Messrs. IRVIS and Mr. GEKAS. Mr. Speaker, are you. aware that there GEKAS and were as follows: to are amendments be offered to this vehicle, this main YEAS-74 piece of legislation, House bill No. 1929? Mr. IRVIS. Yes, Mr. Speaker, acutely aware. Arthurs Gillette McMonagle Shane Barber Hamilton, R. K. Meholchick Shelhamer Mr. GEKAS. Is that one of the reasons you want to Bellomlnt Hetrick Mullen. M. M. Shelton recommit this bill, Mr. Speaker? Bennett Homer Mullen, M. P. Shupnik Mr. IRVIS. Yes, Mr. Speaker. Berkes Hovis Murtha Steele Berson Hutchinson Ml.\Sto Stemmler Mr. GEKAS. I ask those who want to have the full Blair Irvis Myers Sullivan opportunity to take advantage of the submission of this Bonetto Kaufman Needham Toll bill to this House for the purpose of putting amendments Caputo Kelly, A, P. Novak Vallcentl Coyne Klepper O'Donnell Vann in which will aid the tax cut- Davls,E,B. Kolter Perry Wansacz The SPEAKER. The gentleman's remarks are out of Doyle Kowalyshyn Prendergast Wargo Dreibelbis LaMarca Rappaport Wise order, and the gentleman knows it. I:ckensberger Lederer Renwick Wojdlik 2522 LEGISLATIVE JOURNAL-HOUSE March 14,

Fee Lutty Rieger Yahner Bonetto, yields to the gentleman from Montgomery, Mr. Fenrlch Lynch. Francis Ritter Zeller Gallagher Malady Rush Butera. Geisler Martino Savitt Fineman. Gelfand McGraw Scanlon Speaker On the question recurring, Will the House agree to the bill on third consideration? NAYS-1I5 Mr. BUTERA requested and obtained unanimous con- Alexander Gekas Kury Scheaffer sent to offer the following amendment, which was read: Allen, F. M. Gleason Lee Schmitt Anderson, J. H. Gleeson Lehr Schulze Amend Sec. 2, page 2, line 21, by striking out "June 22, Beren Good Letterman Scirica 1970." and inserting: the effective date of this amendatory Bittle Goodman Lynch. Frank Seltzer act. Bixler Greenfield Manbeck Semanoff Brunner Gring Mastrangelo Sherman On the question, Burkardt Halverson McClatchy Shuman Butera Hamilton. J. H. McCue Smith Will the House agree to the amendment? Cessar Harrier McCurdy Spencer Coppolino Haskell Mebus Stone The SPEAKER. The Chair recognizes the minority Crawford Hayes. D. S. Miller Stout whip. Crowley Hayes. S. E. Moore Taylor Dage~ Hepford Morris Thomas Mr. BUTERA. Mr. Speaker, these amendments are very Davis.D.M. Hill O'Brien Ustynoski simple. Davis. R. O. Hopkins O'Connell Walsh DeMedio Horn O'Pake Weidner This bill would prohibit the payment of interest on Dininnl Horner Pancoast Wells taxes which were paid because of invalid or overassess­ Dombrowski Johnson. G. R. Parker. B. L. Westerberg ments in second-class counties and would prohibit interest Dorsey Johnson. J. J. Parker, H. S. Wilson Early JOnes Pezak Wilt. R. W. payable prior to June 22, 1970. The amendments would Fawcett Kahle Piper Wilt. W. W. merely change that date from which interest shall not Fischer Katz Reynolds Worrllow be paid on overpayments of tax to the effective date of Foor Kelly. J. B. Rowe Wright Foster Kennedy Ruane Yohn the act. Fox Kester Ruggiero Zearfoss The effect of this amendment, Mr. Speaker, would be Frankenburg Kistle~ Ryan Zimmerman Gallen Klunk Rybak Zord to uphold a recent high court decision involving an issue Geesey Knepper Saloom in Allegheny County wherein the court found that inter­ est would be payable on several rather large overpayments NOT VOTING-13 of tax because of overassessments. It seems that it is Allen. W. W. Frank Manderino Pievsky rather foolish for this House to pass this kind of an act Anderson. S. A. Fryer Melton Renninger without my amendment, because that would be a vain Comer Laudadlo Moscrip Williams Englehart act since the court has already ruled on this situation, and it is really highly questionable whether we can pass legis­ So the question was determined in the negative and lation which would retroactively prohibit the payment the motion was not agreed to. of this interest. I would ask for a favorable vote on the amendment. HOUSE BILL No. 1929 PASSED OVER The SPEAKER. The Chair recognizes the gentleman The SPEAKER. The Chair recognizes the minority from Allegheny, Mr. Bonetto. leader. Mr. BONETTO. Mr. Speaker, I rise to oppose the Mr. LEE. Mr. Speaker, what disposition has now been amendments submitted by Mr. Butera. made of that bill? This particular amendment which he just submitted The SPEAKER. The bill will go over in order. would cost Allegheny County, the school board of the city of Pittsburgh and the city of Pittsburgh itself several million dollars. HILLS ON THIRD CONSIDERATION I think the intent of the local government of Pittsburgh and Allegheny County and its school board, based on the Agreeable to order, The House proceeded to third consideration of House assessment at that time, was good. Unfortunately, by a bill No. 1334, printer's No. 2146, entitled: Supreme Court order, these good intentions were declared illegal. An Act amending the act of June 21, 1939 (P. L. 626), Therefore, I oppose these amendments because what entitled "An Act providing for and regulating the assess­ ment and valuation of all subjects of taxation in counties he is really doing is placing another burden upon these of the second class; creating and prescribing the powers communities, the county of Allegheny and the city of and duties of a Board of Property Assessment Appeals Pittsburgh, of paying interest. The face value of what and Review; imposing duties on certain county and city they overpaid has been paid back. This is strictly the in­ officers; abolishing the board for the assessment and re­ terest rate. I think we should help local municipalities vision of taxes in such counties; and prescribing penalties," providing for a limitation on interest on refunds. instead of hurting them and paying the interest rates in this bill. On the question, Will the House agree to the bill on third consideration? The SPEAKER. The Chair recognizes the minority whip. The SPEAKER. The Chair recognizes the gentleman Mr. BUTERA. Mr. Speaker, it 'may be unfortunate, but from Allegheny, Mr. Bonetto. it is the law. We have an obligation to uphold the law; Mr. BONETTO. Mr. Speaker, I would defer to the The court has interpreted the statute which we passed" gentleman from Montgomery, Mr. Butera, who also has and has found that interest is payable, and it is really amendments, and they are contested. Let him go first. highly questionable whether this body can pass a bill'to The SPEAKER. The gentleman from Allegheny, Mr. overturn a decison, which is very clear,from the highest 1972. LEGISLATIVE JOURNAL-HOUSE 2523 court in the state. Certainly, it is unfortunate that these NOT VOTING-12 taxes were overpaid, but the school district and the city Allen. W W. Englehart Laudadlo Plevsky and the county had use of the money during a rather AndeI'Son. S. A. Frank Melton Shelhamer lengthy period of time, and it is just as valid that they Comer Fryer Moscrip Williams pay interest for the use of this money just like everybody So the question was determined in the affirmative and else pays interest when they have money, particularly the amendments were agreed to. when they have it in violation of the law. Let me just say one more thing: If industry had under­ Agreeable to order, paid its taxes through the same kind of an error in the The House proceeded to third consideration of House law, it certainly would have had to pay interest and penal­ bill No. 1526, printer's No. 2437, entitled: ties. An Act regulating the practice of veterinary medicine It is not too much to ask that the government, mean­ and imposing penalties. ing the people, pay back those people who had overpaid On the question, their taxes and pay them interest. We are not asking for Will the House agree to the bill on third consideration? penalties, just interest, which the court has said is perfect­ Mr. HOVIS requested and obtained unanimous consent ly within the boundaries of the current law. to offer the following amendments, which were read: The SPEAKER. The Chair recognizes the gentleman Amend Sec. 9, page 6, lines 19 to 21 by striking out all from Allegheny, Mr. Bonetto. said lines Mr. BONETTO. Again, Mr. Speaker, I oppose the Amend Sec. 9, page 6, line 22, by striking out "(2)" and inserting: (1) amendments, and I am asking everyone in the House to Amend Sec. 9, page 6, lines 24 and 25 by striking out vote against the amendments of Mr. Butera. both of said lines and inserting: (2) Is a citizen of the United States or, if he is not a citizen, (i) has filed declara­ On the question recurring, tion of intent to become a citizen and, (ii) subscribes to Will the House agree to the amendments? and will uphold the principles incorporated in the Consti­ tution of the United States and the Commonwealth of Pennsylvania. The yeas and nays were required by Messrs. BUTERA Amend Sec. 9, page 6, line 26, by striking out "(4)" and and BONETTO and were as follows: inserting: (3) YEAS-97 On the question, Will the House agree to the amendments? Alexander Gelfand Knepper Saloom Allen. F. M. Gleason Lee Scheaffer The SPEAKER. The Chair recognizes the gentleman Anderson. J. H. Good Lehr Schulze Beren Gring Lynch. Frank Scirlca from York, Mr. Hovis. Bittle Halverson Manbeck Seltzer Mr. HOVIS. Mr. Speaker, I am advised that the one Burkardt Hamilton. J. H. Mastrangelo Semanoff Butera Harrier McClatchy Shuman objection on our side has been withdrawn. If the minority Cessar Haskell McCue Smith has agreed, they can go in uncontested. CvllPollno Hayes. D. S. McCurdy Spencer Crawford Hayes. S.E. Mebus Thom811 Dager Hepford Miller Ustynoslt1 On the question recurring, Davis. R. O. Hlll Moore Weidner Will the House agree to the amendments? DlnlnnJ Hopkinl Morris Wells Amendments were agreed to. Dorsey Hom Murtha Westerberg Doyle Horner O'Connell Wilson Early Johnson, G. B. O'Pake Wllt. R. W. On the question, Fawcett Jones Pancoast Wilt. W. W. Will the House agree to the bill as amended on third Fischer Kahle Parker. H. S. WorrlIow Foor Katz Piper Wright consideration? Foster Kelly. J.B. Renninger Yahner Mr. KENNEDY requested and obtained unanimous con­ Fox Kennedy Reynolds Yohn Frankenburg Kester Rowe Zearfoss sent to offer the following amendments, which were read: Gallen Kistler Ruane Zimmerman Geesey Klunk Ryan Zord Amend Sec. 11, page 7, line 27, by striking out "and Gekas artificial inseminators" Amend Sec. 11, page 8, lines 8 to 11, by striking out all NAYS-93 of said lines

Arthurs Gleeson McGraw Schmitt On the question, Barber Goodman McMonagle Shane Will the House agree to the amendments? Bellomlnl Greenfield Meholchlck Shelton Bennett Hamilton, B. K. Mullen. M. M. Sherman Amendments were agreed to. Berkes Hetrick Mullen, M. P. Shupnlk Berson Homer Musto Steele On the question recurring, Bixler Hovis Myers Stemmler Blair Hutchinson Needham Stone Will the House agree to the bill as amended on third Bonetto Irvls Novak Stout consideration? Brunnu Johnson. J. J. O'Brien Sulllvan Bill as amended was agreed to. Caputo Kaufman O'Donnell Taylor Coyne Kelly. A. P. Parker. B. L. Toll Crowley Klepper Perry Vallcenti Ordered, that the bill as amended be prepared for Davls.D. M. Kolter Pezak Vann final passage. Davis, E. B. Kowalyshyn Prendergast Walsh DeMedlo Kury Rappaport Wansacz Dombrowskl LaMarca Renwick Wargo Agreeable to order, Dreibelbis Lederer Rieger Wise The House proceeded to third consideration of House Eckensberger Letterman Ritter Wojdak Fee Lutty Ruggiero Zeller bill No. 1842, printer's No. 2321, entitled: Fenrlch Lynch. Francis Rush Gallagher Malady Rybak Fineman. An Act repealing section 38, act of February 2, 1854 Geisler Manderlno Savitt Speaker (P. L. 21), entitled "A further supplement to an act en­ Gillette Martino Scanlon titled 'An act to incorporate the City of Philadelphia,'" 2524 LEGISLATIVE JOURNAL-HOUSE March 14,

relating to the consolidation of debts of municipalities con­ Mr. GOOD. Mr. Speaker, I ask that this vote be stricken. stituting the present city. The written number up there is incorrect, and my vote On the question, now up there is incorrect. I am quite certain there may Will the House agree to the bill on third considera­ be others. tion? The original number, as shown on the board, was a bill Bill was agreed to. calling for a vote on the veterinarian bill, and I voted "yes." I think there are others here who voted in error. And said bill having been considered on three differ- I think the vote should be stricken and we should vote ent days and agreed to, anew. On the question, The SPEAKER. How many members in the House Shall the bill pass finally? voted under misapprehension? The vote stands. Agreeable to the provisions of the constitution, the yeas Does the gentleman care to have the record corrected? and nays were taken and were as follows: Mr. GOOD. This is true. The SPEAKER. Will the gentleman make his remarks? YEAS-138 Mr. GOOD. I wish the record to indicate that my vote Arthurs Gleason Mastrangelo Schmitt should be in the negative. Barber Gleeson McClatchy Schulze The SPEAKER. The gentleman's remarks will be spread Bellomlnl Good McCue Sclrlca Bennett Goodman McCurdJl Shane upon the record. Beren Greenfield McGraw Shelhamer Berkes Hamilton. J. H. McMonagle Shelton Agreeable to order, Berson Hamilton. R. K. Mebus Sherman Bittle Haskell Meholchick Shuman The House proceeded to third consideration of House Bixler Hayes. D. S. Morris Shupnlk bill No. 1843, printer's No. 2322, entitled: Blair Hetrick Mullen. M. M. Spencer Bonetto Hopkins Mullen. M. P. Steele An Act repealing section 4, act of March 30, 1866 (P. L. Brunner Homer Mur·tha Stemmler 354), entitled "A further supplement to the act incorpo­ Butera Hovis Musto Stone rating the city of Philadelphia," relating to bonds issued Caputo Hutchinson Myers Stout to defray municipal expenses. CoppolinAII Irvis Needham Sullivan Coyne Johnson. J. J. Novak Taylor Crawford Jones O'Brien Thomas On the question, Crowley Katz O'Donnell Toll Will the House agree to the bill on third consideration? Dager Kaufman O'Pake Vallcentl Bill was agreed to. Davis.D.:M. Kelly, A, P. Pancoast Vann Davis, E.B. Kester Parker. B. L. Walsh DeMedlo Kistler Perry Wansacz And said bill having been considered on three different Dombrowslrl Klepper Pezak Wargo days and agreed to, Dorsey Klunk Prendergast Westerberg Doyle KoUer Rappapo11 Wilt. W. W. Dreibelbll Kowalyshyn Renwick Wise On the question, Eckensberger Kury Reynolds Wojdak Shall the bill pass finally? Fawcett LaMarca Rieger Worrllow Fee Lederer Ritter Yahner Agreeable to the provisions of the constitution, the yeas Fenrlch Letterman Ruggiero Yohn Gallagher Lutty Rush Zearfoss and nays were taken and were as follows: Geesey Lynch. Francls Ryall Zeller Geisler Malady Rybak YEAS-134 Gelfand Mandcrlno Savitt Fineman. Scanlon Speaker Gillette Martlno Arthurs Gleason McClatchy Schmitt Barber Gleeson McCue Schulze NAYS-52 BellomlnJ Goodman McCurdy Scirica Bennett Greenfield McGraw Shane Alexander Gekas Knepper Saloom Beren Hamilton. J. H. McMonagle Shelhamer Allen. F. M. Gring Lee Scheaffer Berkes Hamilton, R. K. Mebus Shelton Anderson. J.IL Halverson Lehr Seltzer Berson Hayes. D. S. Meholchlck Sherman Burkardt Harrier Lynch. F'rank Semanofr Bittle hetrlck Morris Shuman Ceasar Hayes. S.E. Manbeck Smith Bixler Homer Mullen, M. M. Shupnik Davis. R.O. Hepford Miller Ustynoskl Blair Hopkins Mullen, M.P. Steele Dininnl Hill Moore Weidner Bonetto Hovis Murtha Stemmler Fischer Hom O'Connell Wells Brunner Hutchinson Musto Stone Fool' Homer Parker. H. S. Wilson Butera Irvis Myers Stout Foster Johnson. G. R. Piper Wilt. R. W. Caputo Johnson. J. J. Needham Sullivan Fox Kahle RenningE'.r Wright CoppolIno Jones Novak Taylor Frankenbur, Kelly. J.B. Rowe Zimmennan Coyne Katz O'Brien Thomas Gallen Kennedy Ruane Zord Crawford Kaufm'lIl O'Donnell Toll Crowley Kelly. A.F. O'Pake Vallcentl NOT VOTING-12 Dager Kester Pancoast Vann Davis.D.M. Kistler ParkeI'. B. L. Walsh Allen. W.W. Early Fryer Moscrip Davis. E. B. Klepper Perry Wansacz Andernon. S. A. Englehart Laudadlo Plevsky DeMedio Klunk Pezak Wargo Comer Frank Melton Williams Dombrowski Kolter Prendergast Westerberg Dorsey Kowalyshyn Rappapol't Wilt. W. W. The majority required by the constitution having voted Doyle Kury Renwick Wise in the affirmative, the question was determined in the Dreibelbis LaMarca Reynolds Wojdak Eckensberger Lederer Rieger Worrllow affirmative. Fawcett Letterman Ritter Wright Ordered, That the clerk present the same to the Senate Fee Lutty Ruggiero Yalmer Fenrlch Lynch. Francls Rush Yohn for concurrence. Gallagher Malady Ryan Zeller Gelfand Manderlno Rybak Geisler Martino Savitt Fineman. QUESTION OF PERSONAL PRIVILEGE Gillette Mastrangelo Scanlon Speaker The SPEAKER. The Chair recognizes the gentleman NAYS-56 from Erie, Mr. Good. Alexander Gekas Kennedy Salaam 1972. LEGISLATIVE JOURNAL-HOUSE 2525

Allen. F. M. Good Knepper Scheaffer Anderson. J. B. Halverson Lehl' Semanolf Anderson. J.B. Gring Lee Seltzer Burkardt Harrier Lynch. Frank Smith Burkardt Halverson Lehr Semanoff Cessar Haskell Manbeck Spencer Cessar Harrier Lynch. Frank Smith Davis.R. O. Hayes, S.E. Miller Thomas Davis. R,O. Haskell Manbeck Spencer DininnJ Hepford Moore Ustynoski DininnJ Hayes. S. E. Miller Ustynoski Fischer Hill O'Connell Weidner Fischer Hepford Moore Weidner Fool' Hom Parker. H. S. Wells Fool' Hill O'Connell Wells Foster Homer Piper Wilson Foster Hom Parker. H. S. Wilson Fox Johnson. G. R, RenningEX Wilt.R, W, Fox Horner Piper Wilt. R. W. Frankenburg Kahle Rowe Zimmerman Frankenburg Johnson. G. R. Renninger Zearfoss Gallen Kelly. J.B. Ruane Zord Gallen Kahle Rowe Zimmennan Gekas Kennedy Saloom Geesey Kelly. J. B. Ruane Zord NOT VOTING-15 NOT VOTING-12 Allen.W.W. Frank Moscrip Valicentl Allen. W. W. Early Fryer Moscrip Anderson. S. A. Fryer Mullen. M. P. Wiiliams Anderson. S. A. Englehart Laudadio Pievsky Comer Laudadio Pievsky Wojdak Comer Frank Melton Williams Englehart Melton Shelhamer The majority required by the constitution having voted The majority required by the constitution having voted in the affirmative, the question was determined in the af­ in the affirmative, the question was determined in the af­ firmative. firmative. Ordered, That the clerk present the same to the Senate Ordered, That the clerk present the same to the Senate for concurrence. for concurrence. Agreeable to order, The House proceeded to third consideration of House CONCURRENCE IN SENATE AMENDMENTS bill No. 1941, printer's No. 2504, entitled: TO HOUSE BILL No. 789 An Act amending the act of June 25, 1919 (P. L, 581), Mr. IRVIS called up for concurrence in Senate amend­ entitled "An act for the better government of cities of the first class of this Commonwealth," further providing for ments, from page 14 of today's calendar, House bill No. interest and payment of debts of cities of the first class. 789, printer's No. 2604. On the question, Will the House agree to the bill on third consideration? SENATE MESSAGE Bill was agreed to. AMENDED HOUSE BILL RETURNED FOR And said bill having been considered on three different CONCURRENCE days and agreed to, The clerk of the Senate being introduced, returned bill On the question, from the House of Representatives numbered and en­ Shall the bill pass finally? titled as follows: Agreeable to the provisions of the constitution, the yeas HOUSE BILL No. 789 and nays were taken and were as follows: An Act amending the act of June 3, 1937 (P. L. 1333), entitled "Pennsylvania Election Code," changing official YEAS-132 ballot residence requirements. Arthurs Gelfand Martino Savitt Barber Gillette Mastrangelo Scanlon With the information that the Senate has passed the Bellomlnl Gleason McClatchy Schmitt same with amendments in which the concurrence of the Bennett Gleeson McCue Schulze Beren Goodman McCurdy Sclrlca House of Representatives is requested. Berkes Greenfield McGraw Shane Berson Hamilton. J. H. McMonagle Shelton The clerk read the following amendments made by the Bittle Hamilton. R. K. Mebus Shennan Bixler Hayes, D. S. Meholchlck Shuman Senate: Blair Hetr.ick Morris Shupnlk Bonetto Homer Mullen.M.M. Steele Amend Section 1, page 2, line 15, by inserting after Brunner Hopkins Mur,tha Stemmler "States" the following: "and candidates for delegate or Buter« Hovis Musto Stone alternate delegate to a National party convention,"; line Caputo Hutchinson Myers Stout 20, by inserting after "candidate" the following: "except Coppolino Irvls Needham Sullivan candidates for delegate or alternate delegate to a National Coyne Johnson. J. J. Novak Taylor party convention" Crawford Jones O'Brien Toll Amend Section 1, page 2, line 25, by striking out after Crowley Katz O'Donn-ell Vann Dager Kaufman O'Pake Walsh "resides." all the remainder of said line; line 26, by strik­ Davis. D.1\!. Kelly. A.P. Pancoast Wansacz ing out all of said line. Davis. E. B. Kester Parker. B. L. Wargo Amend bill, page 2, by inserting after line 27, the follow­ DeMedlo Kistler Perry Westerbel'& ing: "Section 2. This act shall take effect immediately." Dombrowski Klepper Pezak Wilt. W. W. Dorsey Klunk Prendergast Wise On the question, Doyle Kolter Rappaport Worrllow Dreibelbis Kowalyshyn Renwick Wright Will the House concur in the amendments made by the Early Kury Reynolds Yahner Senate? Eckensberger LaMarca Rieger Yohn Fawcett Lederer Ritter Zearfoss Fee Lettennan Ruggiero Zeller The SPEAKER. The Chair recognizes the majority Fenrlch Lutty Rush leader. Gallagher Lynch. Francis Ryan Fineman. Geesey Malady Rybak Speaker Mr.IRVIS. Mr. Speaker, on House bill No. 789, printer's Geisler Manderlno No. 2604, I ask that the House do concur in the amend­ NAYS-55 ments inserted by the Senate. I trust that I will have, at least, equal support from my caucus as I had on the last Alexander Good Knepper ScheaffeT Allen. F.:M. Gring Lee Seltzer motion that I made. 2526 LEGISLATIVE JOURNAL-HOUSE March 14,

The SPEAKER. The Chair recognizes the minority NOT VOTING-ll whip. Allen. W. W. Englehart Laudadio Pievsky Mr. BUTERA. Mr. Speaker, I ask for nonconcurrence Anderson. S. A. Frank Melton Williams on House bill No. 789. When this bill left the House, it Comer Fryer Moscrip provided that the designation of the township or borough The majority required by the constitution having voted or local government municipality where a candidate re- in the affirmative, the question was determined in the sides would be removed from the ballot in most situa- affirmative and the amendments were concurred in. tions. Ordered, That the clerk inform the Senate accordingly. The Senate has sent it back eliminating that language and making the bill apply only to delegates and alter­ CONCURRENCE IN SENATE AMENDMENTS nates to national conventions but to no other offices. It TO HOUSE BILL No. 1831 seems that in 1972, with the rather sophisticated com­ munication system which we presently enjoy, the desig­ Mr. IRVIS called up for concurrence in Senate amend­ nation of a township or borough or other municipalities ments, from page 14 of today's calendar, House bill No. where someone resides is a rather archaic and needless 1831, printer's No. 2566. addition to the ballot and only serves the purpose of continuing provincialism which we are supposed to be SENATE MESSAGE trying to avoid as we progress. I would ask for noncurrence of this bill. AMENDED HOUSE BILL RETURNED FOR CONCURRENCE On the question recurring, The clerk of the Senate being introduced, returned bill Will the House concur in the amendments made by the from the House of Representatives numbered and entitled Senate? as follows:

Agreeable to the provisions of the constitution, the yeas HOUSE BILL No. 1831 and nays were taken and were as follows: A Supplement to the act of May 5, 1970 (Appropriation Act No. 82-A), entitled "An act making appropriations to the Department of Property and Supplies for the payment YEAS-1l2 of the Commonwealth's share of expenses and charges in connection with utilities, expansions and constructions by Arthurs Gelfand McGraw Scanlon Barber GllJette McMonaJae Schmitt municipalities or municipal authorities and extensions to Bellomlnl Gieeson Mehoichick Schulze historical, educational and other State institutions," pro­ Bennett Goodman Morris Shane viding for a deficiency in an appropriation made for the Berkes Greenfield Mullen. M. M. Shelton fiscal year ending June 30, 1972 to the City of Titusville. Berson Halverson MUllen. M. P. Sherman Bixiel' Hamilton. R. K. Murtha Shuman With the information that the Senate has passed the Blair Hayes. D. S. Musto Shupnik Bonetto Hetrick Myers Steele same with amendments in which the concurrence of the Brunner Homer Needham Stemmler House of Representatives is requested. Burkardt Hovis Novak Stone Caputo Hutchinson O'Brien Stout The clerk read the following amendments made by the Coyne Irvis O'Donnell Sullivan Crawford Johnson. J. J. O'Pake Taylor Senate: Crowiey Kaufman Parker. B. L. Toll Davis.D.M. Kelly. A. P. Parker. H. S. Vallcentl Amend Section 1, page 1, line 18, by striking out "$21,­ Davis. E. B. Kelly. J.B. Perry Vann 280" and inserting "$32,990" DeMedio Klunk Pezak Walsh Dombrowski Kolter Prendergast Wansacz On the question, Doyle Kowalyshyn Rappaport Wargo Will the House concur in the amendments made by the Dreibelbis Kury Renwick Wells Early LaMarca Rieger Wojdak Senate? Eckensberger Lederer Ritter Yahner Fee Letterman Ruggiero Zeller Mr. IRVIS. Mr. Speaker, I request that the H;ouse do Fenrlch Lutty Rush Zord Fischer Lynch. Francis Rybak concur in the amendments made by the Senate to House Frankenburg Malady Saloom Fineman. bill No. 1831. Gallagher Manderlno Savitt Speaker Geisler Mar,tino On the question recurring, Will the House concur in the amendments made by the NAYS-79 Senate? Alexander Ciood Lee Sclrlca Allen. F. M. Gring Lehr Seltzer Agreeable to the prOVISIOns of the constitution, the Anderson. J. H. Hamilton. J. H. Lynch. Frank Semanofi yeas and nays were taken and were as follows: Beren Harrier Manbeck Sheihamer Bittle Haskell Mastrangelo Smith Butera Hayes. S. E. McClatchy Spencer YEAS-190 Cessar Hepford McCue Thomas CoppolIno HllJ McCurdy Ustynoskl Alexander Gelfand Lynch, Francis Scanlon Dager Hopkins Mebus Weidner Allen. F. M. Gillette Lynch,Frank Scheafier Davis. R.O. Hom MllJer Westerberg Anderson. J. H. Gleason Malady Schmitt Dininn! Horner Moore WlIson Arthurs Gleeson Manbeck Schulze Dorsey Johnson, G. R. O'Connell Wilt. R. W. Barber Good Manderino Scirica Fawcett Jones 'Pancoast Wilt. W. W. Bellomlnl Goodman Martino Seltzer Foor Kahle Piper Wise Bennett Greenfield Mastrangelo Semanofi Foster Katz RenningeI' Worrilow Beren Gring McClatchy Shane Fox Kennedy Reynolds Wright Berkes Halverson McCurdy Shelhamer Gallen Kester Rowe Yohn Berson Hamilton. J. H. McGraw Shelton Geesey Kistler Ruane Zearfoss Bittle Hamilton. R. K. McMonagle Sherman Gekas Kiepper Ryan Zimmerman Bixler Harrier Mebus Shuman Gleason Knepper Scheaffer BlaIr Haskell Meholchick Shupnik 1972. LEGISLATIVE JOURNAL-HOUSE 2527

Bonetto Hayes. D. S. Miller Smith Amend Sec. 232, page 29, line 15 by striking out Brunnel' Hayes. S.E. Moore Spencer "ADOPTING OR" Burkardt Hepford Morris Steele Amend Sec. 232, page 29, line 16 by striking out "TWO" Butera Hetrick Muilen. M. M. Stemmler Caputo Hill Muilen, M. P. Stone and inserting: five Cessar Homer Murtha Stout Amend Sec. 232, page 29, lines 18 to 20 by striking out Coppolino Hopkins Musto Sullivan "BUT NOT LESS THAN TWENTY-FIVE" in line 18, all Coyne Horn Myers Taylor of line 19 and "FIFTY, NOT LESS THAN A MAJORITY Crawford Horner Needham Thomas OF THE ELECTORS SO VOTING," in line 20 and insert­ Crowley Hovis Novak Toll ing: in the municipality, Dager Hutchinson O'Brien Ustynoskl Davls.D.M. Irvis O'Connell Valicenti Amend Sec. 232, page 29, lines 26 to 30 and page 30, lines Davls,E.B. Johnson. G. R. O'Donnell Vann 1 to 12 by striking out all of said lines Davis, R.O. Johnson, J. J. O'Pake Walsh Amend Sec. 233, page 30, line 24 by striking out DeMedio Jones Pancoast Wansacz "ADOPTION OR" Dininn! Kahle Parker. B. L. Wargo Amend Sec. 303, page 33, line 30, by striking out "ONE Dombrowski Katz Parker. H. S. Weidner YEAR" and inserting: fifteen months Dorsey Kaufman Perry Wells Doyle Keily, A. P. Pezak Westerberg Amend Sec. 303, page 34, line 18, by striking out "AND Dreibelbl.l Keily. J.B. Piper Wilson IV" Eariy Kennedy Prendergast Wilt. R. W. Amend Sec. 303, page 34, by inserting between lines 20 Eckensberger Kester Rappaport Wilt. W. W. and 21: In the event the county determines there is insuf­ Fawcett Kistler Renninger Wise ficient interest or that it is not feasible to establish the Fee Klepper Renwick Wojdak proposed municipal function or power as provided for in Fenrlch Klunk Reynolds Worrilow Fischer Knepper Rieger Wright the ordinance passed by the county, the county may repeal Fool' KolteI' Ritter Yahner the county ordinance prior to the effective date of the Foster Kowalyshyn Rowe Yohn ordinance. Fox Kury Ruane Zearfoss Amend Sec. 303, page 34, line 26, by inserting after "AC­ Frankenburg LaMarca Ruggiero Zeller CEPTANCE": or denial Gallagher Lederer Rnsh Zimmerman Gallen Lee Ryan Zord Amend Sec. 303, page 35, line 10, by striking out Geesey Lehr Rybak "FOUR" and inserting: five Geisler Letterman Saloom Fineman, Amend Sec. 303, page 35, line 12 by striking out "OR" Gekas Lutty Savitt Speaker where it appears the second time and inserting: and Amend Sec. 502, page 38, line 19, by inserting after NAYS-l "ATTORNEY": in the case of counties Amend Sec. 703, page 45, by inserting between lines 25 McCue and 26: The executive (mayor) may, in his discretion, re­ NOT VOTING-ll move a managing director after notice and an opportunity to be heard. Prior to removing a managing director, the Allen. W. W. Englehart Laudadio Plevsky executive (mayor) shall first file written notice of his in­ Anderson, S. A. Frank Melton Williams Moscrip tention with the council, and such removal shall become Comer Fryer effective on the twentieth day after the filing of such The majority required by the constitution having voted notice. in the affirmative, the question was determined in the Amend Sec. 911, page 53, line 12 by striking out "AND" where it appears the second time and inserting: an affirmative and the amendments were concurred in. Amend Sec. 1242, page 64, line 23 by striking out "FIL­ Ordered, That the clerk inform the Senate accordingly. ING" and inserting: filling Amend Sec. 1262, page 67, by inserting between lines 24 and 25: At the expiration of the term of said treasurer, TIME OF SESSION EXTENDED controller, district attorney or sheriff in office at the time of the adoption of an optional plan under the provisions The SPEAKER. The hour of six o'clock having arrived, of this act, a treasurer, controller, district attorney or without objection, the House will proceed with the busi­ sheriff, as the case may be, shall be elected or appointed ness of the day. for the full term for said office as provided by the optional plan adopted. Amend Sec. 1271, page 71, line 18 by striking out BILL ON SECOND CONSIDERATION "ADOPT" and inserting: amend Amend Sec. 1271, page 71, line 18 by inserting a period Agreeable to order, after "PLAN" Amend Sec. 1271, page 71, lines 18 and 19 by striking The House proceeded to second consideration of Senate out "TO REPLACE" in line 18 and all of line 19 bill No. 752, printer's No. 1619, entitled: Amend Sec. 1304, page 72, line 6 by striking out "PER­ An Act giving municipalities the right and power to FORMING" and inserting: relating to adopt home rule charters or one of several optional plans Amend Sec. 1304, page 72, line 18 by inserting a com- of government and to exercise the powers and authority ma after "FUNCTION" of local self-government subject to certain restricti.ons and On the question, limitations; providing procedures for such adoptIOn and defininp: the effect thereof. Will the House agree to the amendments? Amendments were agreed to. On the question, Will the House agree to the bill on second consideration? The SPEAKER. The Chair recognizes the gentleman Mr. RAPPAPORT requested and obtained unanimous from Bucks, Mr. Wright. consent to offer the following amendments, which were Mr. WRIGHT. Mr. Speaker, we have such a vast array read: of amendments being proposed to this bill, some of them which are on our desks and not properly identified by Amend Sec. 201, page 17, line 19 by striking out "TWO" sponsor. It would be nice and extremely helpful if, when and inserting: five Amend Sec. 201, page 17, line 21 by inserting a period these gentlemen get up to speak, they would somehow after "MUNICIPALITY" give us a clue as to which piece of paper we should be Amend Sec. 201, page 17, lines 21 to 24 by striking out looking at on our desk, particularly when they have not "BUT NOT" in line 21, and all of lines 22 to 24 signed the amendments. Amend Sec. 215, page 27, line 10 by inserting after "PRIMARY": municipal Amend Sec. '218, page 28, line 19 by striking out "FOUR" The SPEAKER. The Chair recognizes the gentleman and inserting: five from Philadelphia, Mr. Rappaport. 2528 LEGISLATIVE JOURNAL--HOUSE March 14,

Mr. RAPPAPORT. Mr. Speaker, the eight amendments which are applicable to all municipalities or to a class that I am going to present at this time are amendments or classes of municipalities. that have been agreed to by both sides. On the question, I will briefly explain each one in accordance with the Will the House agree to the amendments? gentleman's request. This amendment is on your desk Amendments were agreed to. with the arabic numeral "I" in the upper right-hand corner. This is a technical amendment. On the question recurring, It seems, Mr. Speaker, that I am being harassed by some Will the House agree to the bill as amended on second of my colleagues. I will be happy to make the address consideration? in another language, Hebrew, if they desire it. Mr. RAPPAPORT requested and obtained unanimous Mr. Speaker, the majority whip is urging me to make consent to offer the following amendments, which were the speech in Hebrew. If that will elucidate the amend­ read: ments to the House, I will be delighted to do so. Amend Sec. 1262, page 67, line 8, by inserting after "FOUR" where it appears the second time: successful On the question, Amend Sec. 1262, page 67, line 9, by striking out "NUM­ Will the House agree to the bill as amended on second BER OF VOTES" and inserting: percentage of the votes consideration? cast for the office to which they are elected Amend Sec. 1262, page 67, line 10, by striking out "NUM­ Mr. RAPPAPORT requested and obtained unanimous BER OF VOTES" and inserting: percentage of votes consent to offer the following amendments, which were Amend Sec. 1262, page 67, lines 12 and 13, by striking read: out "NUMBER OF VOTES" and inserting: percentage of the votes cast for the office to which they are elected Amend Sec. 1304, page 72, line 4, by striking out "A LO­ Amend Sec. 1262, page 67, line 14, by striking out "NUM- CAL" and inserting: another BER OF VOTES" and inserting: percentage of votes Amend Sec. 1304, page 72, line 6, by striking out "LO- CAL" On the question, Will the House agree to the amendments? On the question, Amendments were agreed to. Will the House agree to the amendments? Amendments were agreed to. On the question recurring, Will the House agree to the bill as amended on second On the question recurring, consideration? Will the House agree to the bill as amended on second Mr. RAPPAPORT requested and obtained unanimous consideration? consent to offer the following amendments, which were Mr. RAPPAPORT requested and obtained unanimous read: consent to offer the following amendments, which were read: Amend Sec. 302, page 33, line 7, by striking out "NOR" Amend Sec. 302, page 33, line 9, by removing the period Amend Bill, page 71, by inserting between lines 23 and after "SYSTEM" and inserting: , nor (iv) enact or promul­ 24: Section 1302. The powers granted to and the services gate any ordinance or regulation with respect to definitions, provided by counties of the second class on the effective sanitation, safety, health, standards of identity or labeling date of this act shall not be superseded by any other mu­ pertaining to the manufacture, processing, storage, dis­ nicipality under the provisions of this act. tribution and sale of any foods, goods or services subject Amend Sec. 1302, page 71, line 24, by striking out "1302." to any Commonwealth laws or regulations unless such and inserting: 1303. municipal ordinance or regulation is uniform in all re­ Amend Sec. 1303, page 71, line 29, by striking out "1303." spects with such Commonwealth laws and regulations. and inserting: 1304. Nothing herein contained shall be construed to in any Amend Sec. 1304, page 72, line 3, by striking out "1304." way affect the power of any municipality to enact and and inserting: 1305. enforce ordinances relating to building codes or any other Amend Sec. 1305, page 73, line 24, by striking out "1305." safety, sanitation or health regulation pertaining thereto. and inserting: 1306. Amend Sec. 1306, page 73, line 26, by striking out "1306." On the question, and inserting: 1307. Will the House agree to the amendments? Amendments were agreed to. On the question, Will the House agree to the amendments? On the question recurring, Amendments were agreed to. Will the House agree to the bill as amended on second consideration? On the question recurring, Mr. RAPPAPORT requested and obtained unanimous Will the House agree to the bill as amended on second consent to offer the following amendments, which were consideration? read: Mr. RAPPAPORT requested and obtained unanimous Amend Bill, page 73, by inserting between lines 23 and consent to offer the following amendments, which were 24: Section 1305. Any city which began proceedings be­ read: fore the effective date of this act under the act of July Amend Sec. 302, page 33, line 6 by striking out "BY 15, 1957 (P. L. 901), known as the "Optional Third Class THEIR EXPRESSED TERMS" City Charter Law," may adopt an optional plan thereunder Amend Sec. 302, page 33, by inserting between lines 16 and function under the provisions of that act. and 17: (d) No municipality which adopts a home rule Amend Sec. 1305, page 73, line 24, by striking out "1305." charter shall at any time thereunder determine duties, re­ and inserting: 1306. sponsibilities or requirements placed upon businesses, oc­ Amend Sec. 1306, page 73, line 26, by striking out "1306." cupations and employers, including the duty to withhold, and inserting: 1307. remit or report taxes or penalties levied or imposed upon On the question, them or upon persons in their employment, except as ex­ pressly provided by acts of the General Assembly, which Will the House agree to the amendments? are applicable in every part of the Commonwealth or Amendments were agreed to. 1972. LEGISLATIVE JOURNAL-HOUSE 2529

On the question recurring, Will the House agree to the bill as amended on second Will the House agree to the bill as amended on second consideration? consideration? Mr. MORRIS requested and obtained unanimous con­ Mr. RAPPAPORT requested and obtained unanimous sent to offer the following amendments, which were consent to offer the following amendments, which were read: read: Amend Sec. 302, page 32, lines 26 and 27 by striking out "NONPROPERTY OR PERSONAL TAXES" in line 26, Amend Sec. 813, page 49, lines 22 to 26 by striking out all of line 27 and inserting: taxes. "ANY COUNCILMAN VIOLATING" in line 22 and all of lines 23 to 26 On the question, Amend Sec. 821, page 49, line 29 by striking out "SOLE­ Will the House agree to the amendments? LY" Amend Sec. 821, page 49, line 30 by inserting a period The SPEAKER. The Chair recognizes the gentleman after "QUALIFICATIONS" Amend Sec. 821, page 49, line 30, page 50, lines 1 and from Chester, Mr. Morris. 2 by striking out "WITH SPECIAL REFERENCE TO HIS Mr. MORRIS. Mr. Speaker, this amendment takes away ACTUAL EXPERIENCE" in line 30, page 49, all of line the power of home rule municipalities to raise the rates I and "DUTIES OF HIS OFFICE AS HEREINAFTER SET on local taxes beyond the rates granted by this legislature. FORTH." in line 2, page 50 It does this by amending the provision which prevents Amend Sec. 822, page 50, line 6 by striking out "HOLD OFFICE" and inserting: be appointed local municipalities from raising the rates of nonproperty Amend Sec. 822, page 50, line 9 by removing the comma or personal taxes levied upon nonresidents and just makes after "SHALL" and inserting: notify the municipal man­ that applicable to all taxes. ager of its decision to remove him from office, There are several reasons why I am offering this Amend Sec. 822, page 50, line 10 by striking out "ADOPT A PRELIMINARY RESOLUTION" amendment. The people of this Commonwealth are sick Amend Sec. 822, page 50, line 16 by striking out "BY to death of spiraling local taxes and particularly the THE" and inserting: The nuisance taxes under Act No. 511. They have had Amend Sec. 822, page 50, line 20 by inserting a period enough. They look to us to protect them. It is all very after "MONTHS" Amend Sec. 822, page 50, lines 20 and 21 by striking well to say that they have to look to their local govern­ out "FOLLOWING ADOPTION OF THE" in line 20 ments, but they want help from this legislature and and all of line 21 this amendment would give it to them. Amend Sec. 823, page 50, lines 26 and 27 by striking out It is argued that Senate bill No. 752 in its present form " BY RESOLUTION," , Amend Sec. 901, page 52, line 28 by striking out "FIVE will allow municipalities to raise their earned-income THOUSAND" and inserting: seven thousand five hundred taxes and get rid of the other nuisance taxes. My answer to that is simply this: The earned-income tax is a nuisance On the question, tax in itself, and I question whether they will take this Will the House agree to the amendments? route; I think it is doubtful. Some of the other nuisance Amendments were agreed to. taxes are much cheaper and easier to administer. I say we should wait until we get decent tax reform before we On the question recurring, just say the sky is the limit on local taxation. Will the House agree to the bill as amended on second Now I have heard it said that the taxing power is the consideration? essence of home rule. I do not see why that is necessarily Mr. RAPPAPORT requested and obtained unanimous the case. Senate bill No. 752 gives all kinds of additional consent to offer the following amendments, which were powers to a municipality under the home rule if they read: adopt the forms of government which are valuable and Amend Sec. 210, page 22 by inserting between lines 16 useful, and I think it should be restricted to this. and 17: (b) There shall be attached to each copy of the Finally, I would point out to this House that this un­ report of the commission, as a part thereof, a statement limited taxing power is a danger which may well prevent sworn to by t.he members of the commission listing in de­ t.ail the funds goods, materials and services, both public the adoption of any home rule charter. The voters are and private tised by the commission in the performance not going to vote for a home rule charter if they know of its work' and the preparation and filing of the report. it is going to mean the raising of their taxes. We are In addition, the list shall identify specifically the supplier actually destroying the purpose of home rule if we let of each item thereon. Amend Sec. 210, page 22, line 17 by striking out "(B)" this bill stand the way it is. and inserting: (c) Thank you, Mr. Speaker. On the question, The SPEAKER. The Chair recognizes the gentleman Will the House agree to the amendments? from Montgomery, Mr. Mebus. Amendments were agreed to. Mr. MEBUS. Mr. Speaker, I am opposed to these amendments for the reason that if we are talking about The SPEAKER. The Chair recognizes the gentleman home rule charters, let us talk about home rule. There from Philadelphia, Mr. Rappaport. Does the gentleman is no justification for the legislature to retain that power have additional amendments to offer? unto itself. There is some justification for retaining the Mr. RAPPAPORT. I would assure the gentleman, Mr. classes of taxation unto ourselves so there will not be Kury, that this amendment has already gone in, and the ultimate confusion throughout the Commonwealth. But gentleman, Mr. Wise, has an amendment which he would if we are talking about home rule, then home rule should like to present. extend to the level of taxation as well as to certain other The SPEAKER. Are there any other agreed-to amend- things specifically set forth in the bill. ments? Therefore, I would hope that these amendments would On the question recurring, be defeated. 2530 LEGISLATIVE JOURNAL-HOUSE March 14,

The SPEAKER. The Chair recognizes the gentleman Mr. McCLATCHY requested and obtained unanimous from Philadelphia, Mr. Rappaport. consent to offer the following amendment, which was read: Mr. RAPPAPORT. Mr. Speaker, I echo the sentiments Amend Sec. 201, page 16, line 29, by striking out "ONE" presented by Mr. Mebus. The present bill as it is written and inserting: any or all provides that we, the legislature, control the subject of taxation, but once a municipality adopts a home rule On the question, charter, it becomes the master of its own fate; they an­ Will the House agree to the amendment? swer to the taxpayers themselves, the local supervisors, The SPEAKER. The Chair recognizes the gentleman their councilors, and they should be able to set the rates from Montgomery, Mr. McClatchy. of taxation. I ask, Mr. Speaker, for a negative vote on this amend­ Mr. McCLATCHY. Mr. Speaker, through Senate bill No. ment. 752 in its present form, as far as I can understand, there is a possibility that all three questions can be presented On the question recurring, to the board of elections at the very same time, and there Will the House agree to the amendments? is no provision as to how a choice may be made as to which question will go on the ballot. The yeas and nays were required by Messrs. MORRIS My amendment is very simple. Instead of one question, and RAPPAPORT and were as follows: it provides for "any or all." YEAS-24 The SPEAKER. The Chair recognizes the gentleman Bixler Doyle Klunk Schulze from Philadelphia, Mr. Rappaport. Brunner Early Lederer Shane Caputo Fischer Morris Shuman Mr. RAPPAPORT. Mr. Speaker, the bill provides that Davis. D.M. Geesey Parker. B. L. Stemmler the first governmental action which is officially reported DeMedio Hovis Renwick Wright Dorsey Klepper Reynolds Yahner to the county board of elections is the one that controls, whether by petition or by action of the local governmental NAYS-166 council, the borough council, the supervisors or the com­ Alexander Good Malady Scanlon missioners. Allen. F. M. Goodman Manbeck Scheaffer If Mr. McClatchy's amendment would go in, it would Anderson. J. H. Greenfield Manderino Schmitt Arthurs Gring Martino Sclrica provide for the anomalous situation of one small munici­ Barber Halverson Mastrangelo Seltzer pality, or any sized municipality, perhaps approving all Bellomlnl Hamilton, J. H. McClatchy Semanoff three questions that are set forth in the statute, having Bennett Hamilton, R. K. McCue Shelhamer Beren Harrier McGraw Shelton to fund three different home rule charter or local govern­ Berkes Haskell McMonagle Sherman ment study commissions at the consequent expense of the Berson Hayes, D. S. Mebus Shupnik Bittle Hayes, S.E. Meholchlck Smith municipality, having three separate reports on the ballot Blair Hepford M1ller Spencer six months later and, perhaps, the people approving simul­ Bonetto Hetrick Moore Steele Burkardt Hill Mullen, M. M. Stone taneously an optional form of government or two optional Butera Homer Mullen. M. P. Stout forms of government and a home rule charter. It would Cessar Hopkins Murtha Sullivan Coppolino Hom Musto Taylol' just lead to total chaos. Coyne Horner Myers Thomas There is no question as the bill is drafted that the local Crawford Hutchinson Needham Toll Crowley lrvis Novak Ustynoski governing council, the supervisors or the commissioners, Dager Johnson. G. R. O'Brlen Vallcentl really has the first jump to get something on the ballot, Davis, E. B. Johnson, J. J. O'Connell Vann Davis, R. O. Jones O'Donnell Walsh which is as it should be. They are the elected representa­ Dininnl Kahle O'Pake Wansacz tives of the people. Dombrowski Katz Pancoast Wargo I, therefore, ask for a "no" vote on this amendment. Dreibelbis Kaufman Parker, H. S. Weidner Eckensberger Kelly, A. P. Perry Wells Fawcett Kelly, J. B. Pezak Westerberg The SPEAKER. The Chair recognizes the gentleman Fee Kennedy Piper Wilson from Montgomery, Mr. McClatchy. Fenrich Kester Prendergast Wilt, R. W. Fool' Kistler Rappapor.t Wilt. W. W. Mr. McCLATCHY. As you may well imagine, Mr. Foster Knepper Renninger Wise Fox Kolter Rieger Wojdak Speaker, I do not agree. Frankenburg Kowalyshyn Ritter Worrllow As the bill reads right now, 64 days prior to the munici­ Gallagher Kury Rowe Yohn Gallen LaMarca Ruane Zearfoss pal or general election, the petitions must be initiated or Geisler Lee Ruggiero Zeller turned in, and then you have another 60 days prior to that Gekas Lehr Rush Zimmerman that they can begin to be circulated. This is 124 days in Gelfand Letterman Ryan Zord Glllette Lutty Rybak all. Gleason Lynch, Francis Salaam Fineman, If we pass this bill by April 23, you have a gap in there, Gleeson Lynch, Frank Savitt Speaker and I am sure the municipality and different groups will NOT VOTING-12 be able to get together and form their question. I can definitely see these questions coming up before your board Allen, W. W. Englehart Laudadlo Moscrip Anderson, S. A­ Frank McCurdy Pievsky of elections all at the same time, all on the same morning. Camel' Fryer Melton WllHams I do not agree with Mr. Rappaport that each one of these So the question was determined in the negative and questions can go on the ballot and be confusing enough so that they would all end up having to be worked on the amendments were not agreed to. by a commission. I think the people will have a choice On the question recurring, on anyone of the three. We give this choice in the third Will the House agree to the bill as amended on second question. I do not see any reason we cannot give it to consideration? include all three. 1972. LEGISLATIVE JOURNAL-HOUSE 2531

I would ask for approval of this amendment, Mr. Mr. RAPPAPORT. Yes, sir. Speaker. The SPEAKER. That was one of the eight offered by Thank you. the gentleman, Mr. Rappaport? Mr. RAPPAPORT. That was one of the nine, I believe, On the question recurring, sir. Will the House agree to the amendments? The SPEAKER. There were only eight that went in by The yeas and nays were required by Messrs. Mc­ agreement. CLATCHY and RAPPAPORT and were as follows: Mr. RAPPAPORT. I believe there were nine, Mr. Speaker. YEAS-90 The SPEAKER. The Chair recognizes the gentleman Alexander Gekas Lee Schulze Allen. F. M. Good Lehr Scirica from Northumberland, Mr. Kury. Anderson, J. H. Gring Lynch. Frank Seltzer Mr. KURY. Mr. Speaker, I submitted them to the clerk. Beren Halverson Manbeck Semanoff Bittle Hamilton. J. H. Mastrangelo Shuman Mr. Lee saw it, and I understand both sides approved Burkardt Harrier McClatchy Smith them. Butera Haskell McCue Spencer Cessar Hayes. D. S. McCurdy Thomas The SPEAKER. I am only trying to get the record Coppollno Hayes. S.E. Mebus Ustynoski correct. There were eight amendments offered and eight Crawford Hepford Miller Weidner amendments adopted by the House. That is all we have a Dager Hill Moore Wells Davis. R. O. Hopkins O'Connell Westerberg record of. Dininni Horn Pancoast Wilson Dorsey Horner Parker, H. S. Wilt,R.W. Dreibelbis Hutchinson Piper Wilt.W.W. The Chair recognizes the gentleman from Philadelphia, Fawcett Johnson, G. R. Renninger Worrilow Mr. Rappaport. Fischer Jones Reynolds Wright Mr. RAPPAPORT. Mr. Speaker, I will have to review Fool' Kahle Rowe Yohn Foster Katz Ruane Zearfoss them with the clerk then. I believe that nine went in. Fox Kelly. J.B. Ryan Zeller Frankenburg Kennedy Saloom Zimmerman Gallen Kester Scheaffer Zord The SPEAKER. The Chair recognizes the gentleman Geesey Knepper from Northumberland, Mr. Kury. Mr. KURY. To clear the record, Mr. Speaker, I will be NAYS-101 happy to offer mine again. Arthurs Gleason McGraw Scanlon The SPEAKER. Will the gentleman, Mr. Rappaport, Barber Gleeson McMonagle Schmitt Bellomlnl Goodman Meholchick Sh"ne check with the clerk at the desk? Bennett Greenfleld Morris Shelhamer Does the gentleman, Mr. McClatchy, have another Berkes Hamilton. R. K. Mullen. M. M. Shelton Berson Hetrick Mullen.M.P. Sherman amendment to offer? Bixler Homer Murtha Shupnik Mr. McCLATCHY. Yes, Mr. Speaker. Blair Hovis Musto Steele Bonetto Irvis Myers Stemmler Brunner Johnson. J. J. Needham Stone On the question recurring, Caputo Kaufman Novak Stout Will the House agree to the bill as amended on second Coyne Kelly. A.P. O'Brien Sullivan Crowley Kistler O'Donnell Taylor consideration? Davis. D. M. Klepper O'Pake Toll Mr. McCLATCHY requested and obtained unanimous Davis. E. B. Klunk Parker. B. L. Valicentl DeMedio Kolter Perry Vann consent to offer the following amendments, which were Dombrowskl Kowalyshyn Pezak Walsh read: Doyle Kury Prendergast Wansacz Early LaMarca Rappaport Wargo Amend Sec. 202, page 18, lines 23 and 24, by striking out Eckensberger Lederer Renwick Wise "EXCEPT THAT THEY SHALL BE NOMINATED AND Fee Letterman Rieger Wojdak LISTED WITHOUT ANY POLITICAL DESIGNATION OR Fenrich Lutty Ritter Yahner Gall"gher Lvnch. Francis Ruggiero SLOGAN," Geisler Melady R1lsh Fineman. Amend Sec. 203, page 19, line 13, by inserting after Gelf"nd Manderlno Rybak Speaker "NOMINATED,": their political affiliation, Gillette Martino Savitt On the question, NOT VOTING-ll Will the House agree to the amendments? Allen. W. W. Englehart Laudadlo Plevsky Anderson. S. A. Frank Melton Williams The SPEAKER. The Chair recognizes the gentleman Comer Fryer Moscrlp from Montgomery, Mr. McClatchy. So the question was determined in the negative and the Mr. McCLATCHY. Again, Mr. Speaker, this is a very amendments were not agreed to. simple amendment. All it does is take out the nonpartisan election and substitutes partisan election. The SPEAKER. Does the gentleman from Northumber­ The SPEAKER. Does the gentleman from Philadelphia, land, Mr. Kury, have amendments? Mr. Rappaport, desire to be recognized in response to the The Chair recognizes the gentleman from Philadelphia, gentleman, Mr. McClatchy? Mr. Rappaport. Mr. RAPPAPORT. Yes, Mr. Speaker. Mr. RAPPAPORT. Mr. Speaker, I understand that Mr. Mr. Speaker, is this your amendment No.2? Kury's amendment has gone in by agreement. Mr. McCLATCHY. This is my amendment No.2, yes. Mr. KURY. Yes, it was agreed to by both sides. Mr. RAPPAPORT. Thank you. Mr. RAPPAPORT. I understand that Mr. McClatchy has This amendment provides that the government study another amendment. commission or charter commission shall be elected in a The SPEAKER. Was the amendment of the gentleman, nonpartisan way. That is what the bill provides. Mr. Kury, offered by the gentleman from Philadelphia, Let me caution the House that there is absolutely no Mr. Rappaport? provision in this bill for the nonpartisan election of super- 2532 LEGISLATIVE JOURNAL-HOUSE March 14,

visors, commissioners, city councils or anything else. That So the question was determined in the negative and the will be bipartisan elections. amendments were not agreed to. Mr. McClatchy would like to eliminate the nonpartisan The SPEAKER. For the benefit of the information of election of the charter commission. the gentleman, Mr. Rappaport, the Chair has a record of It was the feeling of the local government associations eight amendments having been submitted to the Chair as that in this type of a body, which is a noncontinuing body, agreed-to amendments, one of which was the amendment you would probably get a high quality person who would authored by the gentleman, Mr. Kury. be willing to serve without pay for several months, if it were elected in a nonpartisan fashion. The Chair recognizes the gentleman from Philadelphia, Mr. Rappaport. While I am usually very much in favor of partisan elec­ Mr. RAPPAPORT. If the clerk would be kind enough tions-I do not have to argue that. Too many members of to bring them over so I may look at them, I will be happy this House know what my previous position has been on to go over them. similar bills-in this one aspect of the election of the study The SPEAKER. If the gentleman, Mr. Rappaport, in­ commission, it should be in a nonpartisan fashion. deed, had eight of his own amendments, then one of them I, therefore, Mr. Speaker, ask a "no" vote on this par­ indeed is missing. ticular amendment. Does the gentleman, Mr. McClatchy, have another amendment? On the question recurring, Mr. McCLATCHY. Yes, Mr. Speaker. Will the House agree to the amendments? The SPEAKER. How many does the gentleman have altogether? The yeas and nays were required by Messrs. Mc­ Mr. McCLATCHY. This is my last amendment, Mr. CLATCHY and RAPPAPORT and were as follows: Speaker. The SPEAKER. The clerk will read the amendment. YEAS-65

Alexander Gleason Katz Ruane On the question recurring, Allen, F. M. Good Kester Ryan Will the House agree to the bill as amended on second Anderson, J. H. Gring KisUer Scheaffer consideration? Beren Halverson Lee Seltzer Bittle Hamilton, J. H. Lehr Semanoff Mr. McCLATCHY requested and obtained unanimous Burkardt Harrier Lynch. Frank SmIth consent to offer the following amendments, which were Butera Hayes. "l.E. Manbeck Spencer Cessar Hepford Mastrangelo Thom8ll read: Coppolino Hili McClatchy Ustynoski Da\·is. R. O. Hopkins McCue Wells Amend Sec. 202, page 18, line 16, by striking out "SAME Dininnl Hom Mebus Wester1Jer,g ELECTION THE QUESTION IS" and inserting: next pri­ Dorsey Bomer M!lIer WlIt. W. W. mary or election if the question Fawcett Hutchinson O'Connell Worrllow Amend Sec. 202, page 18, line 17, by inserting after Foor Johnson, G. R. Pancoast Zearfoss Foster Jones Parker, H. S. Zeller "ELECTORS": has been determined in the affirmative Frankenburg Kahle Rowe Zimmerman Amend Sec. 202, page 18, line 19, by striking out "CON­ Gekas TAINING THE QUESTION" Amend Sec. 202, page 18, line 27, by inserting a period NAYS-126 after "QUESTION" Amend Sec. 202, page 18, lines 27 to 30; page 19, line 1, Arthurs Gelfand McMonagle Schulze by striking out "AND," in line 27, all of lines 28 to 30, Barber Gillette Meholchlck Sctrica page 18 and line 1, page 19 Bellominl Gleeson Moore Shane Bennett Goodman Morris Shelhamer Amend Sec. 204, page 20, line 14, by striking out "THE" Berkes Greenfield Mullen. M. M. Shelton where it appears the last time and inserting: If the ques­ Berson Hamilton, R. K. Mullen, M. P. Sherman tion is determined in the affirmative, at the next primary BIxler Haskell Murtha Shuman or election the Blair Hayes. n.s. Musto Shupnlk Amend Sec. 204, page 20, line 20, by removing the colon Bonetto Hetrick Myers Steele after "COMMISSION" and inserting a period. Brunner Homer Needham Stemmler Caputo Hovis Novak Stone Amend Sec. 204, page 20, lines 21 to 23, by striking out Comer Irvis O'Brien Stout all of lines 21 and 22 and "CANDIDATES SHALL BE Coyne Johnson, J. J. O'Donnell Sullivan ELECTED." in line 23 Crawford Kaufman O'Pake Taylor Crowley Kelly. A. P. Parke!', B. L. Toll On the question, Dager Kelly. J. B. Perry Vallcentt Davls,n.M. Kennedy Pezak Vann Will the House agree to the amendments? Davis. E.B. Klepper Piper Walsh DeMedlo Klunk Prendergast Wansacz The SPEAKER. The Chair recognizes the gentleman DombrowskI Knepper Rappaport Wargo Doyle Kolter Renninger Weidner from Montgomery, Mr. McClatchy. Dreibelbis Kowalyshyn Renwick Wilson Mr. McCLATCHY. Mr. Speaker, this last amendment Early Kury Reynolds WlIt, R. W. Eckensberger LaMarca Rieger Wise provides for three steps rather than two in the procedure Fee Lederer Ritter WoJdak for adoption of the home rule charter or the optional plan Fenrich Letterman RuggieTO Wright Fischer Lutty Rush Yahner of government. Fox Lynch. Francis Rybak Yohn The first step would be the putting of the option on the Gallagher Malady Saioom Zord Gallen Manderino Savitt ballot, and the second step would be putting the members Geesey Martino Scanlon FIneman. of the commission on the ballot. The third step would be Geisler McGraw Sebmltt Speaker putting the question deterrrJned by the commission on the NOT VOTING-ll ballot. The present bill combines the election of the commission Allen, W. W. Frank McCurdy Pievsky with the question. Mr. Speaker, I believe that the per­ Anderson, S. A. Fryer Melton WI.I.llam8 Englehari. Laudadlo Moscrip sonalities of the commission may reflect on the question 1972. LEGISLATIVE JOURNAL-HOUSE 2533 itself. The controversy that can develop, I think, will Bennett Fryer Moscrip Williams Coyne work against the passage of home rule and the passage of the optional plan of government. So the question was determined in the negative and the I would move for the adoption of this amendment. amendments were not agreed to. The SPEAKER. The Chair recognizes the gentleman On the question recurring, from Philadelphia, Mr. Rappaport. Will the House agree to the bill as amended on second Mr. RAPPAPORT. Mr. Speaker, this is the McClatchy consideration? amendment No.3, if I am not mistaken. Mr. ECKENSBERGER requested and obtained unani­ This amendment, Mr. Speaker, changes the present two­ mous consent to offer the following amendments, which step process of adopting a home rule charter to a three­ were read: step process. It is submitted, Mr. Speaker, that the ex­ Amend Sec. 303, page 33, line 19, by striking out ", A" perience has been had by third class cities under very and inserting: any similar provisions. These provisions for the adoption of Amend Sec. 303, page 33, lines 19 to 21, by striking out the home rule charter were in a large degree taken from "BEING EXERCISED BY THAT" in line 19, all of line 20 and "CHARTER," in line 21 the Third Class City Code. They have worked very well for the third class cities. There has been no confusion. On the question, Over 40 of our third class cities have gone through this Will the House agree to the amendments? process and there have been no problems. Therefore, I would ask that this amendment be defeated. The SPEAKER. The Chair recognizes the gentleman from Lehigh, Mr. Eckensberger. On the question recurring, Mr. ECKENSBERGER. Mr. Speaker, I would like to Will the House agree to the amendments? very briefly explain the content of the amendments. For those who have a copy of the bill in front of them, I would The yeas and nays were required by Messrs. Mc­ refer them to page 33 of the bill. Specifically, on line 19, CLATCHY and RAPPAPORT and were as follows: we would strike out the word "a," and insert in its place YEAS-77 the word "any." Then we would delete line 19 beginning with the word "being," and all the rest of that line. We Alexander Gallen Lehr SchUlze would delete all of line 20 and the word "charter" in Allen, F.M. Geesey Lynch, Frank Sclrica Anderson. J. H. Gekas Manbeck Seltzer line 21. Beren Good Mastrangelo Semanoff Very briefly, Mr. Speaker, my amendment addresses it­ Bittle Grin~ McClatchy Shuman Burkardt Hamilton J. H. McCue Smith self to this question: As between the county and local mu­ Butera HarrIer McCurdy Spencer nicipalities, which shall enjoy the exercise of the residual Coppollno Haskell Mebus Thomas Crawford Hayes, D. S. Miller Ustynoskl powers? Dager Hayes, S. E. Moore Weidner Now the bill as written gives the residual powers to the Davis. D.M. Henford O'Connell Westerberg Dinlnni Hill Piper Wilson county which has adopted a home rule charter. The pres­ Dorsey Jones Renninger Wilt, R. W. ent language in the bill would freeze each local municipal­ Dreibelbis Kahle Reynolds Wilt.W.W. Early Katz Ritter Wright ity to exercising those functions which it exercises at the Fawcett Kelly,J.B. Rowe Yohn time that the county adopts its home rule charter. Foor Kennedy Ruane Zearfoss Foster Kistler Saloom Zeller My amendment deletes that language and would permit Fox Lee Scheaffel' Zimmerman the local municipality full option as to whether it wishes Frankenburg to participate in the county functioning of that particular NAYS-112 municipal power or whether it wants to go on its own. Arthurs Greenfield Martino Savitt I think this is really, Mr. Speaker, the kernel of the Barber Halverson McGraw Scanlon Bellomlnl HamiltonR. K. McMonagle Schmitt entire matter of home rule and the bill which appears Berkes Hetrick Meholchlck Shane before us. Berson Homer Morris Shelhamer Bixler Hopkins Mullen.M.M. Shelton Thank you, Mr. Speaker. Blair Horn Mullen, M. P. Sherman Bonetto Horner Murtha Shupnlk The SPEAKER. The Chair recognizes the gentleman Brunner Hovis Musto Steele from Philadelphia, Mr. Rappaport. Caputo Hutchinson Myers Stemmler Mr. RAPPAPORT. Mr. Speaker, as most of the mem­ Cessal' lrvls Needham Stone Comer Johnson. G. R. Novak Stout bers by now know, this bill is the result of discussions Crowley Johnson, J. J. O'Brien Sullivan which were, to a large extent, carried on with the local Davis. E. B. Kaufman O'Donnell Taylor Davis. R. O. Kelly, A.P. O'Pake Toll government associations. Represented at those meetings DeMedlo Kester Pancoast ValicentJ were all of the associations, including the boroughs, town­ Dombrowski Klepper Parker, B. L. Vann Doyle Klunk Parker, H. S. Wansacz ships, cities and counties. Eckensqerger Knepper Perry Wargo Necessarily, Mr. Speaker, in these discussions, a balance Fee Kolter Pezak Wells Fenrlch Kowalyshyn Prendergast Wise had to be struck between the counties and the local gov­ Fischer Kury Rappaport Wojdak ernments. There were many people, including many edi­ Gallagher LaMarca Renwick Worrllow Geisler Lederer Rieger Yahner torial writers, who criticized us for tilting the balance Gelfand Letterman Ruggiero Zord too far in the favor of the local municipalities-the bor­ Gillette Lutty Rush Gleason Lynch. Francis Ryan Fineman. oughs, townships and cities-and this was unfair criticism. Gleeson Malady Rybak Speaker By the same token, the criticism which is implicit in Goodman Manderlno the gentleman's amendment is that the balance was tipped NOT VOTING-13 too far in favor of the counties. The object of this bill is to pitch every function of gov­ Allen. W. W. Englehart Laudadlo Pievsky Anderson. S. A. Frank Melton Walsh ernment on that level of government that can most effec- 2534 LEGISLATIVE JOURNAL-HOUSE March 14,

tively and efficiently carry it out. If a municipality is not Mr. W. W. WILT requested and obtained unanimous con­ currently carrying on a function, there is no reason it sent to offer the following amendments, which were read: could object to a county exercising that function. After "all, the people who live in that municipality vote for the Amend Sec. 302, page 33, by inserting between lines 16 and 17: (d) The General Assembly hereby declares that county officials. They also have to vote for that county it is occupying the whole field of regulation of the transfer, home rule charter, and that county home rule charter has ownership, possession and transportation of firearms to to provide for the carrying on of that function. the exclusion of all existing and future municipal ordi­ I would, therefore, submit, Mr. Speaker, with the full nances or regulations relating thereto. Any such existing concurrence of the local government associations, that this ordinances are hereby declared null and void. amendment should be defeated because it interrupts and On the question, interferes with the delicate balance that was made in this Will the House agree to the amendments? bill. I ask for a negative vote, Mr. Speaker. The SPEAKER. The Chair recognizes the gentleman from Blair, Mr. Wilt. On the question recurring, Mr. W. W. WILT. Mr. Speaker, this amendment reserves Will the House agree to the amendments? for the General Assembly the authority to enact regula­ The yeas and nays were required by Messrs. ECKENS­ tions concerning the possession, transfer, ownership and BERGER and RAPPAPORT and were as follows: transportation of all firearms in the Commonwealth of Pennsylvania. YEAS-49 I would first like to state that this would not have any effect on the city of Philadelphia and the Philadelphia Alexandt'X' Eckensberger Hutchinson Ruggiero Anderson. J. H. Fischer Johnson. G. R. Rybak ordinance concerning firearms. ArthUl'S Foor Kennedy Saloom The sportsmen of Pennsylvania are very much in favor Blair Frankenburg Kolter Schmitt Burkardt Geesey Kury Shuman of this amendment. I have been contacted by numerous Coppolino Glllette Lehr Steele organizations, and they have requested that I submit this Crawford Gleeson Letterman Taylor Davis, D. M. Gring Mastrangelo Weidner amendment. It is very similar to the present House bill Davis, R. O. Halverson McClatchy Wilson No. 718, which is now on our calendar. Dorsey Hamilton, J. H. Renninger Zearfoss Doyle Harrier Renwick Zeller I would ask the members to support the amendment, Dreibelbis liaye>J, S. E. Ritter Zord please. Early NAYS-141 The SPEAKER. The Chair recognizes the gentleman Allen,F.M. Haskell McGraw SclMca from Philadelphia, Mr. Rappaport. Barber Hayes, D S. McMonagle Seltzer Mr. RAPPAPORT. Mr. Speaker, would the gentleman Bellominl Hepford Mebus Semanoff Beren Hetrick Meholchlck Shane from Blair, Mr. Wilt, consent to a brief interrogation? Berkes Hill Miller Shelhamer The SPEAKER. Will the gentleman from Blair, Mr. Berson Homer Moore Shelton Bittle Hopkins Morris Sherman Wilt, permit himself to be interrogated? Bixler Horn Mullen, M. M. Shupnlk Mr. W. W. WILT. I shall, Mr. Speaker. Bonetto Horner Mullen, M. P. Smith Brunner Hovis Murtha Spencer The SPEAKER. The gentleman may proceed. Butera Irvls Musto Stemmler Mr. RAPPAPORT. Is the gentleman aware that action Caputo Johnson. I. J. Myers Stone Cessar Jones Needham Stout upon this amendment may very well preclude action upon Comer Kahle Novak Sullivan House bill No. 718, under the rules of this House? Coyne Katz O'Brien Thomas Crowley Kaufman O'Connell Toll Mr. W. W. WILT. I have been advised of that, Mr. Dager Kelly, A. P. O'Donnell Ustynoskl Speaker. I am not altogether sure that that is a correct Davis.E.B. Kelly, J. B. O'Pake Vallcentl DeMedio Kester Pancoast Vann statement. Dinlnni Kistler Parker, B. L. Wansacz Mr. RAPPAPORT. I thank the gentleman. Dombrowski Klepper Parker. H. S. Wargo Mr. Speaker, many experts in this field feel that within Fawcett Klunk Perry Wells Fee Knepper Pezak WesterbeT1l the next five years less than five percent of our some 2,600 Fenrich Kowalyshyn Piper Wilt, R. W. municipalities will adopt home rule charters. Foster LaMarca Prendergast Wilt, W. W. Fox Lederer Rappaport Wise This amendment would, therefore, apply to less than Gallagher Lee Reynolds Wojdak five percent of the municipalities in the Commonwealth. Gallen Lutty Rieger Worrilow Geisler Lynch, Francis Rowe Wright While I personally do not agree with the substance of Gekas Lynch,Frank Ruane Yahner this amendment, I might say to the House that the proper Gelfand Malady Rush Yohn Gleason Manbeck Ryan Zimmerman way of advancing these views is through the bill which is Good Manderino Savitt sponsored by my friend, Mr. Shelhamer, rather than by Goodman Martine> Scanlon Fineman, Greenfield McCue Scheaffer Speaker this amendment. Hamilton. R. K. McCurdy Schulze I personally, Mr. Speaker, intend to vote against this NOT VOTING-12 amendment.

Allen, W. W. Englehart Laudadlo Plevsky On the question recurring, Anderson, S. A. Frank Melton Walsh Will the House agree to the amendments? Bennett Fryer Moscrlp Williams So the question was determined in the negative and the The yeas and nays were required by Messrs. W. W. WILT and RAPPAPORT and were as follows: amendments were not agreed to. YEAS-132 On the question recurring, Will the House agree to the bill as amended on second Alexander Geisler Knepper RuggIero Gckas Kolter Ryan consideration? ~~~~Mj,R. Gillette Kowalysbyn Rybak 1972. LEGISLATIVE JOURNAL-HOUSE 2535

Arthurs Gleason Kury Saloom On the question, Belloml.n1 Gleeson LaMarca Scheaffer Will the House agree to the amendments? Bittle Good Lee Schulze Bixler Goodman Lehr Seltzer Blair Gring Letterman Semanoft The SPEAKER. The Chair recognizes the gentleman Brunner Halverson Lynch. Frank Shelhamer from Erie, Mr. Bellomini. Burkardt Hamilton. J. H. Manbeck Shnman Butera Hamilton, R. K. Mastrangelo Shupnlk Mr. BELLOMINI. Mr. Speaker, this is the Scanlon­ Cessar Harrier McClatchy Smith Bellomini amendment and it simply allows employes of Comer Haskell McCue Spencer Coppolino Hayes. D. S. McCurdy Stemmler political subdivisions of the Commonwealth to retain the Crawford Hayes. S. E. Mebus Stone rights, benefits and the working conditions granted by the Crowley Hepford Meholchl=k 5tout General Assembly. Davis. D. 111. Hetrick Miller Taylor Davis. R.O. Hill Moore Thomas Many members in this House have supported this legis­ DeMedlo Hopkins Morris Ustynoski lation in the past and they recognize the need for such D1nlnnl Hom Murtha Walsh Dombrowski Homer Musto Wansacz legislation. Nothing has changed. These existing acts are Dorsey Hovis Novak Weidner still necessary to these employes and their families. Doyle Hutchinson O'Brien Wells Early Johnson. G. R. O'Connell Westerberg Municipalities under home rule charters will be allowed Eckensberger Jones O'Pake Wilson to alter the provisions of these existing acts if we do not Fee Kahle Parker, B. L. Wilt. R. W. pass this amendment. These alterations or changes could Fischer Katz Parker, H. S. Wilt. W. W. Foor K.elly. J. B. Piper Yahner be detrimental to these employes. Fostell Kennedy Renninger Yohn I ask that you support this amendment. Fox Kester Renwick Zearfoss FrankenbUl'l Kistler Reynolds Zeller Gallen Klepper Rowe Zimmerman The SPEAKER. The Chair recognizes the gentleman Geesey Klunk Ruane Zord from Philadelphia, Mr. Rappaport. NAYS-59 Mr. RAPPAPORT. Mr. Speaker, I would yield to the gentleman from Cambria, Mr. Gleason, with your permis­ Barber Homer Needham Shelton Bennett Irvls O'Donnell Sherman sion. Beren Johnson. J. J. Pancoast Steele Berkes Kaufman Perry Sullivan The SPEAKER. The Chair recognizes the gentleman Berson Kelly. A.P. Pezak Toll Bonetto Lederer Prendergast Vallcentl from Cambria, Mr. Gleason. Caputo Lutty Rappaport Vann Mr. GLEASON. Will the gentleman from Erie, Mr. Coyne Lynch. Francis Rieger Wargo Dager Malady Ritter Wise Bellomini, submit to a brief interrogation? Davis. E.B. Martino Rush Wojdak The SPEAKER. Will the gentleman, Mr. Bellomini, per- Dreibelbis McGraw Savitt Worrllow Fawcett McMonagle Scanlon Wright mit himself to be interrogated? Fenrich Mullen. M. M. Schmitt Mr. BELLOMINI. Yes, I will. Gallagher Mullen, M. P. Selrics Fineman, The SPEAKER. The gentleman may proceed. Gelfand Myers Shane Speaker Greenfield Mr. GLEASON. Will the gentleman inform the House NOT VOTING-11 as to whether or not the thrust of his amendments will Allen.W. W. Frank Manderino P1l'vsky keep in force all special legislation enacted for employes Anderson. S. A. Fryer Melton Williams in the various municipality groups in Pennsylvania? Moscrlp Englehart Laudadlo Mr. BELLOMINI. Yes, they will. So the question was determined in the affirmative and Mr. GLEASON. Mr. Speaker, the House is aware of the the amendments were agreed to. fact that I have before it an amendment which restricts the power of municipalities to take away the civil service QUESTION OF PERSONAL PRIVILEGE rights from its municipal employes. This is what the The SPEAKER. The Chair recognizes the gentleman Bellomini amendment does. from Mercer, Mr. Bennett. For what purpose does the As an advocate of home rule and as one who would like gentleman rise? very much to see those home rule communities rule them­ Mr. BENNETT. I rise to a question of personal privilege. selves and negotiate with their municipal employes, I am The SPEAKER. The gentleman will state it. asking the House to vote "no" on this amendment even Mr. BENNETT. Mr. Speaker, on the Wilt amendment I though I have an amendment before the House which pushed my switch inadvertently. Will the record show may be considered which would lock in or freeze civil that I would like to have voted in the affirmative on that service benefits for municipal employes. amendment? I am asking that the House in this particular instance, The SPEAKER. The gentleman's remarks will be noted in the interest of home rule, relegate the municipal em­ in the record. ployes in the municipalities to the existing legislation, and I refer to Act 111 and Act 195, and allow municipalities On the question recurring, to deal at arm's length with their municipal employes, Will the House agree to the bill as amended on second because that, in essence, is what home rule is. consideration? It is my belief that this amendment, as well intentioned Mr. BELLOMINI requested and obtained unanimous as it is, strikes at that very principle of home rule, namely, consent to offer the following amendments, which were that the municipalities should have the right to bargain, read: themselves, with the existing protection, with their em­ Amend Sec. 302, page 33, line 7, by striking out ''NOR'' ployes. Amend Sec. 302, page 33, line 9, by removing the period after "SYSTEM" and inserting: , nor (iv) enact any pro- The SPEAKER. The Chair recognizes the gentleman vision inconsistent with any s~atute her~tofore enacted by! from Philadelphia, Mr. Rappaport. the General Assembly affectmg the rights, benefits or. . working conditions of any employe of a political subdivi-! !JI.r. RAPPAPORT. Mr. Speaker, I YIeld to Mr. Bello- sion of the Commonwealth. mllll. 2536 LEGISLATIVE JOURNAL-HOUSE March 14,

The SPEAKER. The Chair recognizes the gentleman So the question was determined in the affirmative and from Erie, Mr. Bellomini. the amendments were agreed to. Mr. BELLOMINI. Mr. Speaker, I would like to answer the gentleman. On the question recurring, Negotiations and arbitrations are not the answer because Will the House agree to the bill as amended on second they could result in nonuniformity of these working con­ consideration? ditions in these municipalities and at a tremendous cost Mr. WISE requested and obtained unanimous consent to to both parties. offer the following amendments, which were read: I ask that you support this amendment. Amend Sec. 303, page 34, lines 2 to 20, by striking out all of said lines and inserting: (3) Within 180 days from The SPEAKER. The Chair recognizes the gentleman the adoption of such ordinance, the governing body of any from Philadelphia, Mr. Rappaport. municipality, exercising on the date of the adoption of the Mr. RAPPAPORT. Mr. Speaker, I just wish to caution county home rule charter any power or function author­ ized by ordinance of the county to be exercised by the the House that with or without the Bellomini amendment, county, may elect by ordinance to be excluded from the the provisions of Act 111 and Act 195 remain in force. county exercise of such power or function, unless within The Bellomini amendment is not directed at either one of said period the qualified voters of such municipality ini­ those acts, either for or against. Employes will retain tiate a petition requiring that the question of exclusion from the exercise of such power or function by the county their rights under both of those acts regardless of the be submitted to a referendum of the electorate at the Bellomini amendment. election held on the date of the next ensuing primary, Thank you, Mr. Speaker. municipal or general election not less than sixty days after the filing of the initiative petition with the county On the question recurring, board of elections, in which event the result of the ref­ Will the House agree to the amendments? erendum shall determine whether or not the power is excluded. The initiative and referendum procedures set The yeas and nays were required by Messrs. BELLO­ forth in Articles III and IV shall be followed, except where the same may be inconsistent with any of the provisions MINI and GLEASON and were as follows: of this section. YEAS-170 On the question, Allen,F.M. Good Martino Scheaff6' Will the House agree to the amendments? Arthurs Goodman Ma8trangelo Schmitt Barber Greenfield McClatchy Schulze The SPEAKER. The Chair recognizes the gentleman Bellomlnl Gring McCue Seltzer from Lycoming, Mr. Wise. Bennett Halverson McCurdy Semanoff Beren Hamilton. J. H. McGraw Shane Mr. WISE. Mr. Speaker, these are amendments which Berkes Hamilton. R. K. McMonagle Shelhamer would have been offered by Mr. Fryer were he here. Bittle Harrier Mebus Shelton Bixler Haskell Meholchlck Sherman Mr. Speaker, as presently written, if the governing body Blair Hayes, D. S. Miller Shuman of the municipality acts by ordinance, the elector of that Bonetto Hepford Morris Shupnik body may vote in or out, to opt in or opt out, for exclu­ Burkardt Hetrick Mullen, M. M. Sullivan Butera Hill Mullen, M. P. Smith sion or inclusion, if you will. That is as it should be, but Caputo Homer Murtha Spencer oddly enough, if the governing body fails to act on House Cessar Hopkins Musto Steele Comer Hovis Myers Stemmler bill No. 1752, printer's No. 1619, as presently written, the Coppolino Hutchinson Needham Stone elector will not have a right to cast that vote for inclusion Coyne Irvis Novak Stout Crawford Johnson. G. R. O'Brien Taylor or exclusion. CrOWley Johnson. J. J. O'Connell Thomas This amendment, very simply, cures that defect and Dager Jones O'Donnell Toll Davis.D.M. Kahle O'Pake Ustynoskl permits the elector to act should the governing body fail Davis, E. B. Katz Parker, B. L. Vallcentl to act. Davis. R. O. Kelly, A. P. Parker, H. S. Vann DeMedlo Kelly, J. B. Perry Walsh The SPEAKER. The Chair recognizes the gentleman Dininnl Kennedy Pezak Wansaez Dombrowsk1 Kester Piper Wargo from Philadelphia, Mr. Rappaport. Dorsey Kistler Prendergast Weidner Mr. RAPPAPORT. Mr. Speaker, unfortunately, the Doyle Klunk RappapOIt Wells Early Knepper Renninger Westerbe~ amendment was not prepared in time for the conference Eckensberger Kolter Renwick Wilson that was had on agreed-to amendments. I have no objec­ Fawcett Kowalyshyn Reynolds Wilt, R. W. Fee LaMarca Rieger Wojdak tion to this amendment whatsoever. Fenrlch Lederer Ritter Worrllow Fischer Lee Rowe Wright On the question recurring, Fostel' Lehl' Ruane Yahner Will the House agree to the amendments? Frankenbur, Letterman Ruggiero Yohn Gallagher Lutty Rush Zeller Gallen Lynch. Francis RylUl Zimmerman The yeas and nays were required by Messrs. WISE and Geisler Lynch. Frank Rybak Zord RAPPAPORT and were as follows: Gekas Malady Saloom Gillette Manbeck Savitt Fineman, YEAS-188 Gleeson Manderino Scanlon Speaker Alexander Gelfand Lynch, Francis Savitt NAYS-21 Allen, F. M. Gillette Lynch. Frank Scheafl'er Anderson. J. H. Gleason Malady Schmitt Alexander Geesey Horner Pancoast ArthU1'll Gleeson Manbeck SchUlze Anderson. J. H. Gelfand Kaufman Sclrlca Barber Good Manderino Scirica Berson Gleason Klepper Wise Bellominl Goodman Martino Seltzer Dreibelbis Hayes, S.E. Kury Wilt, W. W. Bennett Greenfhild Mastrangelo Semanoff Fool' Hom Moore Zearfoss Beren Gring McClatchy Shane Fox Berkes Halverson McCue Shelhamer NOT VOTING-ll Berson Hamilton, J. H. McCurdy Shelton Bittle Hamilton. R. K. McGraw Shennan Allen, W. W. Englehart Laudadlc. Plevsky Bixler Harrier McMonagle Shuman Anderson. S. A. Frank Melton Williams Blair Haskell Mebus Shupnil!; Brunner Fryer Moscrlp Brunner Hayes,D.S. Meholchlck Smith 1972. LEGISLATIVE JOURNAL-HOUSE 2531

Burkardt Hayes, S.E. Miller Spencer Mr. WISE. Mr. Speaker, this again is one of Mr. Fryer's Butera Hepford Moore Steele Caputo Hetrick Morris Stemmler amendments and were he here, I am sure that the force Cessar HlIl Mullen. M. P. Stone of his cold logic and his deft wit would carry the day. I Comer Homer Murtha Stout Coppolino Hopkins Musto Sulllvan am not that familiar with the intricacies of local govern­ Coyne Horn Myers Taylor ment, but I will try to present it as intelligently as I can. Crawford Horner Needham Thomas Crowley Hovis Novak Toll At the present time, while the study commission can Dager Hutchinson O'Brien Ustynoskl properly come back with the report of no change as one Davis,D.M. Irvis O'Connell Vann Davis, E. B. Johnson, G. R. O'Donnell Waish of its recommendations for optional forms of government, Davis, R. O. Johnson. J. J. O'Pake Wansacz the present language of House bill No. 752 also permits a DeMedlo Jones Pancoast Wargo Dininn! Kahle Parker. B. L. Weidner study commission to make a finding or a report, or no Dombrowski Katz Parker, H. S. Wells report, I should say, after the elector has passed a refer­ Dorsey Kaufman Perry Westerberg Doyie Kelly, A. P. Pezak Wilson endum approving a study of the home rule charter. Dreibelbla Kelly, J. B. Piper Wilt. R. W. This is probably unconstitutional as I read Article IX, Early Kennedy Prendergast Wilt, W. W. If Eckensberger Kester Rappaport Wise Section 2. the electorate approves a study commission Fawcett Kistler Renninger Wojdak on the question of home rule charter, that study commis­ Fee Klepper Renwick Worrllow sion is supposed to make a report. If we pass the bill into Fenrlch Klunk Reynolds Wright Fischer Knepper Rieger Yahner law as it is presently written, the electorate could approve Foor Kolter, Ritter Yohn this kind of a study and five, seven or nine men could Foster Kowalyshyn Rowe Zearfosa Fox Kury Ruane Zeller simply refuse to make a report or recommend no change Frankenburg LaMarca Ruggiero Zimmerman and the electorate would have no real vote on it. They Gallagher Lederer Rush Zord Gallen Lee Ryan should be permitted to vote its approval or vote it down. Geesey Lehr Rybak Fineman, This is the principal thing that we do in this amendment. Geisler Letterman Saloom Speaker Gekaa Lutty The SPEAKER. The Chair recognizes the gentleman NAYS-4 from Philadelphia, Mr. Rappaport. Bonetlo Mullen, M. M. Scanlon Vallcentt Mr. RAPPAPORT. Mr. Speaker, I see the gentleman from Delaware, Mr. Kester, desires to speak on this and I NOT VOTING-10 would yield to him at this time. Allen,W.W. Frank Melton Plevsky Anderson, S. A. Fryer Moscrip Williams The SPEAKER. The Chair recognizes the gentleman Englehart Laudadio from Delaware, Mr. Kester. So the question was determined in the affirmative and Mr. KESTER. Mr. Speaker, I rise to oppose this amend­ the amendments were agreed to. ment. This particular type of situation was kicked around quite On the question recurring, often in the past three weeks as to what really should Will the House agree to the bill as amended on second take place if a referendum put on a ballot to study a home consideration? rule charter or optional form was approved by the voters Mr, WISE requested and obtained unanimous consent and further, then, that a study commission be elected to to offer the following amendments, which were read: proceed. Amend Sec. 201, page 17, lines 1 to 5, by striking out One of the very intricate parts of home rule is that the "THE CHARTER AND FORM OF GOVERNMENT" in municipality may stay as it currently is constituted under line 1 and all of lines 2 to 5 and inserting: optional forms statute law. If it is a first class township now and all of government and to recommend for adoption an optional the functions of government are working in accord with form of government." Amend Sec. 201, page 17, line 9, by striking out each other and the citizens are satisfied, that municipality "WHETHER OR NOT" may decide through the study commission to stay as a Amend Sec. 201, page 17, lines 9 and 10, by striking out first class township or as a borough or as a third class city "SHOULD BE ADOPTED."" and inserting: for adoption." or as a second class township. Amend Sec. 201, page 17, line 15, by striking out "WHETHER OR NOT" Therefore, the study commission might recommend back Amend Sec. 201, page 17, line 16, by striking out that no report, no change be made in the structure of gov­ "SHOULD BE ADOPTED."" and inserting: for adoption." ernment in that municipality. That seems fair, Mr. Speak­ Amend Sec. 212, page 23, lines 20 to 22, by striking out er, to put the question after the study commission has all of lines 20 and 21 and "(4)" in line 22 and inserting: (3) Amend Sec. 214, page 27, line 21, by inserting after spent many, many weeks in dealing with the matter of "QUESTION": Where the question of adoption of two or whether the government structure should be changed or more optional forms of government or one or more op­ whether a home rule charter should be adopted and then tional forms of government and a home rule charter are reports that in their opinion-and remember that this caused to be placed upon the ballot at the same election, the county board of election shall cause the question to study commission is not composed of foreign people; it be framed to allow a choice of one of the several forms is composed of an electorate of citizens within that mu­ of government. nicipality-and after their careful study and testimony, Amend Sec. 216, page 27, line 29, by removing the period they decide that the structure of government is as they after "FILED" and inserting: , except that an ordinance or petition for framing only of a home rule charter for like it, be it first class, et cetera, if they recommend a adoption may be circulated and the question submitted "no change," then it is the opinion of many that that is to the voters at least once every four years. the way it should remain and the question should not On the question, then recur for another five years. Will the House agree to the amendments? I would oppose this amendment, Mr. Speaker, and ask the members of the House to seriously consider defeating The SPEAKER. The Chair recognizes the gentleman the amendment. from Lycoming, Mr. Wise. Thank you. 2538 LEGISLATIVE JOURNAL-HOUSE March 14,

The SPEAKER. The Chair recognizes the gentleman Berkes Hamilton. J. H. McCue Seltzer I Hamilton, R. K. McCurdy Semanoft from Philadelphia, Mr. Rappaport. ~:~l:r Harrier McGraw Shane Mr. RAPPAPORT. Mr. Speaker, I heartily concur in Blair Haskell McMonagle Shelton Hayes. D. S. Mebus Sherman everything that was said by the gentleman from Delaware, ~~~:~r Hayes, S.E. Meholchlck Shupnlk Mr. Kester, but I would also pose the following situation Burkardt Hill Moore Stout Butera Homer Morris Sullivan ~~ H~a ~~ Hopkins Mullen. M. M. Taylor Here we have a question on the ballot for a home rule Cessar Hom Mulien.M.P. Thomas g~~~~llnO Homer Musto Toll charter commission. The people vote "yes." They elect Hovis Myers Ustynoskl the members of the commission. These people who are Crawford Hutchinson Needham Vallcenti g~~:;ey Irvls Novak Vann elected by the voters study the matter. They find that Johnson. G. R. O'Brlen Walsh there should be no change in the local government. Davis. E. B. Johnson. J. J. O'Connell Wansacz gf;l~;,f' Jones O'Donnell Wargo The amendment proposed by the gentleman, Mr. Wise, o. Katz 'Pancoast Weidner would require them to draft a home rule charter despite Dombrowskl Kaufman Parker, B. L. Wells the fact that it is against their recommendations. DDorsley Kelly. A. P. Parker, H. S. Westerberg oye Kennedy Perry Wilson Mr. Speaker, I have not been here too long, but I have Dreibelbis Kester Pezak Wilt.R.W. noticed the phenomenon of loading up a bill with amend- ~awcett Kistler Prend"rgast WIlt.W.W. Klunk Rappaport Wojdak ments when you are not for the bill and have no intention F:~rlch Knepper RenningeI' Worrllow of voting for it and you want to put it in a state that few Fischer Kowalyshyn Reynolds WrIght · Foster Lederer Rieger Yohn other peopIe could vote f or It. Fox Lee Ritter Zearfos8 I would suggest, Mr. Speaker, to force a commission to Frankenburg Letterman Rowe Zimmerman g:;;s~;her Lutty Ruane Zord draft a charter when they do not believe it is necessary, I Lynch. Francis Rush when they do not want it, is just an. exercise in futility I Geisler Lynch. Frank Ryan Fineman, Malady Saloom and a waste of the municipality's money. Gekas &peaker I, therefore, Mr. Speaker, ask for a "no" vote. NOT VOTING-ll

The SPEAKER. The Chair recognizes the gentleman Allen, W. W. Frank Laudadlo Plevsky Anderson, S. A. Fryer Melton Williams from Lycoming, Mr. Wise. Englehart Hepford Moscrlp Mr. WISE. Mr. Speaker, number one, I am very much for Senate bill No. 752 whether this amendment goes in So the question was determined in the negative and the or out. This amendment is not offered, in any sense, to amendments were not agreed to. load up this bill and to kill it, but that is not the reason I take the microphone. REPUBLICAN CAUCUS I think it ought to be fairly obvious that if the electorate The SPEAKER. The Chair recognizes the minority of a given municipality vote to study the question of op­ whip. tional forms of government or home rule charter, they Mr. BUTERA. Mr. Speaker, I request a recess for a want some report, some change, different from what they period of 15 minutes for the purpose of a Republican have now, because if they are satisfied with what they caucus. have now, they are not going to vote "yes" in the first place, so this amendment makes sense. DEMOCRATIC CAUCUS NOT NECESSARY The SPEAKER. The Chair recognizes the gentleman The SPEAKER. The Chair recognizes the majority from Philadelphia, Mr. Rappaport. leader. Mr. RAPPAPORT. Mr. Speaker, I did not mean to Mr. IRVIS. Mr. Speaker, I do not think I could stand imply that the gentleman's amendment was for that pur­ another 15 minutes of caucus, so we are not asking for a pose. I was discussing what would go on with the charter caucus, but I would ask seriously that the Democrats re­ commission. I do n.ot think Mr. Wise would ever put in main here on the floor or immediately available in their an amendment like that. offices and come back in 15 minutes so we may conclude the business of the day. On the question recurring, The SPEAKER. The Chair will clear the desk, but the amendments? Will the House agree to the members are free to leave until 20 minutes of 8. The yeas and nays were required by Messrs. WISE The SPEAKER. The Chair recognizes the majority and RAPPAPORT and were as follows: leader. YEAS-41 Mr. IRVIS. Mr. Speaker, may I have the attention of' the Democrats who still remain? Alexander Gillette LaMarca Shelhamer Anderson, J. H. Gleeson Lehr Shuman I am informed that some of you did not take me serious­ Arthurs Greenfield Miller Smlth ly and that some of you are more hungry than you are Berson Halverson Murtha Spencer Comer Hetrick O'Pake Steele interested in pursuing your legislative duties for the re­ Davis. D.M. Kahle Piper Stemmler mainder of this day. DeMedio Kelly. J. B. Renwick Stone Eady Klepper Ruggiero Wise Let me tell you that we have a business of very serious Eckensberger Kolter Rybak Yahner import before us before we are ready to leave here to­ Foor Kury Schmitt Zeller Gallen day, and I would hope that you will stay available, those NAYS-150 of you who hear me now and who hear me over the electronic system. Allen. F. M. Gelfand Manbeck Savitt Barber Gleason Manderino Scanlon We are going to be dealing with the welfare deficiency Bellomlnl Good Martino Scheaffer appropriation, and it involves the matter of abortion and Bennett Goodman Mastrangelo Schulze Beren Grine McClatchy Sclrica a question on that. I would suggest that that is a matter 1972. LEGISLATIVE JOURNAL-HOUSE 2539 which all of us are going to be concerned with and I HOUSE BILL No. 1795 would hope that you will remain available and be in An Act repealing section 1303, act of March 10, 1949 your seats in 15 minutes. (P. L. 30), entitled "Public School Code of 1949," relating to requirements of smallpox vaccinations. SENATE MESSAGE HOUSE BILL No. 1808 APPOINTMENT OF CONFERENCE COMMITTEE An Act authorizing the Department of Public Welfare with the approval of the Secretary of Public Welfare th~ ON SENATE BILL NO. 208 Secretary of Agriculture and the Governor, to transfer' cer­ tain real property in Susquehanna. Township, Dauphin The clerk of the Senate being introduced, informed County, from the Department of Pubhc Welfare to the De­ that the Senate insists on its nonconcurrence in the partment of Agriculture. amendments made and insisted upon by the House of HOUSE BILL No. 1886 Representatives to Senate bill No. 208, entitled: An Act authorizing the Department of Property and An Act amending the act of April 29, 1959 (P. L. 58), en­ Supplies, with the approval of the Governor and the Sec­ titled "The Vehicle Code," further regulating revocation of retary of Transportation, to sell and convey certain lots or motor vehicle operating privileges for unlawful sale or tracts of ground with improvements thereon situate in possession of narcotics and changing the penalty for driv­ the Borough of Tarentum, Allegheny County. ing without lights to avoid identification or arrest. And has appointed Messrs. HILL, ZEMPRELLI and With information that the Senate has passed the same without amendment. STROUP a committee of conference to confer with a similar committee of the House of Representatives (if the House of Representatives shall appoint such committee) SENATE MESSAGE (already appointed) on the subject of the difference exist­ AMENDED HOUSE BILLS RETURNED FOR ing between the two Houses in relation to said bill. CONCURRENCE Mr. IRVIS moved that the House insist upon its amend­ The clerk of the Senate being introduced, returned bills ments nonconcurred in by the Senate to SENATE BILL from the House of Representatives numbered and entitled No. 208, printer's No. 1630, and that a Committee of Con­ as follows: ference be appointed. Motion was agreed to. HOUSE BILL No. 1063 APPOINTMENT OF COMMITTEE OF CONFERENCE An Act amending the act of March 4, 1971 (Act No.2), entitled "Tax Reform Code of 1971," further defining resi­ ON SENATE BILL No. 208 dent individual including the propagation of game birds for commercial purposes within the term "farming" as to The SPEAKER. The Chair appoints as a Committee tax for education and redefining net gains or income from of Conference on the part of the House, Messrs. BERKES, disposition of property as to income tax. CAPUTO and RENNINGER. HOUSE BILL No. 1236 Ordered, That the clerk inform the Senate accordingly. An Act establishing a uniform standards code approved by the United States of America Standards Institute for SENATE MESSAGE the body and frame design and construction and the in­ stallation of plumbing, heating and electrical systems in HOUSE BILLS CONCURRED IN BY SENATE mobile homes; requiring a permit to be issued by the De- i partment of Community Affairs to mobile home manu­ The clerk of the Senate being introduced, returned bills facturers engaged in business in this Commonwealth; re­ from the House of Representatives numbered and en-! quiring mobIle ho~es to bE;ar a seal. issued by the Depart- '. I ment of Commumty AffaIrs; provIdmg for enforcement tItled as follows. and penalties; and providing for a Mobile Home Standards HOUSE BILL No. 374 Advisory Commission. An Act amending the act of March 10, 1949 (P. L. 30), HOUSE BILL No. 1237 entitled "Public School Code of 1949," providing for emer- An Act regulating the sale of certain structures made, gency escape windows. fabricated, formed or assembled in manufacturing facili- HOUSE BILL No. 671 ties and providing penalties. · h f J 1 10 1957 (P L 639) With the information that the Senate has passed the An Act amendmg t e act 0 u y, .., 'th d t' h" h th f th entitled "An act consenting to the acquisition by the United same WI amen me~ s IX: w IC e concurrence 0 e States of land water or land and water within the com-I House of RepresentatIves IS requested. monwealth ot' Pennsylvania for migratory-bird reserva- The SPEAKER. The bills will appear on the calendar. tions authorized by Act of Congress of February 18, 1929," further providing for such acquisition of land or water or SENATE MESSAGE both. HOUSE BILL No. 1301 AMENDED SENATE BILL CONCURRED IN BY SENATE An Act authorizing the Secretary of Environmental Re­ The clerk of the Senate being introducd, informed that sources, with the approval of the Governor, to transfer the Senate has concurred in the amendments made by the certain Project 70 lands in Fayette County to the Depart­ House of Representatives to Senate bill numbered and en­ ment of Transportation for a bridge project under certain conditions. titled as follows: HOUSE BILL No. 16401 SENATE BILL No. 31 An Act amending the act of August 31, 1971 (Appropria- An Act amending the act of August 24, 1963 (P. L. 1132), tion Act No. 27-A), entitled "The General Appropriation entitled "Community College Act of 1963," including pro­ Act of 1971," increasing a certain appropriation. visions for lease or rental of capital equipment and furru- 2540 LEGISLATIVE JOURNAL-HOUSE March 14, ture; deleting the prOVISIOns dealing with the crediting I By Messrs. FRANK, BENNETT, GOODMAN, of Federal funds; making community college employes KOWALYSHYN, RAPPAPORT, SCHMITT, IRVIS, eligible for inclusion in the Pennsylvania State Employes' Retirement System, increasing the maximum reimburse­ FINEMAN, MEBUS and SHERMAN ment by the Commonwealth of certain costs and expenses HOUSE BILL No. 2034 and making an editorial change. An Act regulating the advertising, offering and sale of franchises; requiring the disclosure of certain informa­ HOUSE BILL SIGNED BY SPEAKER tion; imposing powers and duties on the Pennsylvania Bill numbered and entitled as follows having been pre­ Securities Commission; prohibiting certain practices and pared for presentation to the Governor and the same be­ providing remedies and penalties therefor. ing correct, the title was read as follows: Referred to Committee on Consumer Protection. HOUSE BILL No. 1747 By Messrs. KATZ, J. H. HAMILTON, BRAIG, An Act amending the "Capital Budget Act of Fiscal GLEESON, MASTRANGELO, PEZAK, Year 1970-1971 Public Improvement Project Itemization GREENFIELD, COPPOLINO, R. O. DAVIS, Supplement-Department of Property and Supplies," ap­ HOPKINS and PIEVSKY HOUSE BILL No. 2035 proved November 27, 1970 (P. L. 809), reducing the au­ thorization for equipment and furniture for one of the An Act amending "The Vehicle Code," approved April projects and adding the purchase of equipment for an 29, 1959. (P. L.. 58), further regulating the imprisonment additional project. of certam conVIcted persons for nonpayment of fines and costs. Whereupon, The SPEAKER, in the presence of the House, signed the Referred to Committee on Transportation Safety. same. By Messrs. KATZ, J. H. HAMILTON and SENATE BILL SIGNED BY SPEAKER MASTRANGELO HOUSE BILL No. 2036 An Act amending the "Tax Reform Code of 1971" ap­ Bill numbered and entitled as follows having been pre­ proved March 4, 1!J71 (P. L. 6), changing the clas~es of pared for presentation to the Governor and the same be­ ~ncome to correspond with the items subject to Federal ing correct, the title was publicly read as follows: Income taxes. Referred to Committee on Ways and Means. SENATE BILL No. 31 An Act amending the act of August 24, 1963 (P. L. 1132), By Messrs. D. S. HAYES, HASKELL, R. W. WILT, entitled "Community College Act of 1963," including pro­ GOOD, HOPKINS, BELLOMINI and DOMBROWSKI visions for lease or rental of capital equipment and furni­ HOUSE BILL No. 2037 ture; deleting the provisions dealing with the crediting of Federal funds; making community college employes An Act amending the "Industrial and Commercial De­ eligible for inclusion in the Pennsylvania State Employes' velopment Authority Law," approved August 23 1967 Retirement System, increasing the maximum reimburse­ (p. L. 251), and providing for loans to health care 'facili­ ment by the Commonwealth of certain costs and expenses tIes. and making an editorial change. Referred to Committee on Business and Commerce. Whereupon, The SPEAKER, in the presence of the House, signed the By Messrs. THOMAS, RUANE and HETRICK same. HOUSE BILL No. 2038 SENATE MESSAGE An Act autho-rizing the Department'7of~Propertycilld Supplies, with the approval of the Governor to sell and SENATE ADOPTS REPORT OF COMMITTEE OF convey a tract of ground in Penn Town~hip Snyder CONFERENCE ON SENATE BILL No. 1028 County, Pennsylvania. ' The clerk of the Senate being introduced, informed that Referred to Committee on State Government. the Senate has adopted the report of the Committee of By Mr. MORRIS Conference on the subject of the differences existing be­ HOUSE BILL No. 2039 tween the two Houses on bill numbered and entitled as An .Act author:izing the Department of Property and follows: SupplIes to acqUIre, on behalf of the Pennsylvania His­ torical and Museu~.Com:r:nission for use o! the Valley SENATE BILL No. 1028 Forge Park CommISSIOn, SIX tracts of land m Tredyffrin TownShip, Chester County, Commonwealth of Pennsyl­ An Act amending the act of October 20, 1966 (P. L. 96), vania, and making an appropriation. entitled "Mental Health and Mental Retardation Act of 1966," providing that payment of the employer's share of Referred to Committee on State Government. contribution toward the employe's social security benefits shall be the first obligation against any Commonwealth By Messrs. WELLS, R. K. HAMILTON, ANDERSON, funds received by any county or counties and shall be first EARLY, PANCOAST, KELLY, YOHN, RUANE, paid therefrom. SPENCER, SMITH, HOPKINS, LEDERER, HOUSE BILLS INTRODUCED AND REFERRED DREIBELBIS, PERRY, WILLIAMS, Mrs. GILLETTE, Messrs. SULLIVAN and HUTCHINSON By Mrs. GILLETTE, Messrs. RITTER, DOYLE, HOUSE BILL No. 2040 Mrs. KELLY, Mrs. TOLL, Messrs. BARBER, MILLER, O'CONNELL and COYNE An Act providing relief from increased assessments and millage rates against property owned by certain HOUSE BILL No. 2033 senior citizens. An Act amending the "Senior Citizens Property Tax As­ Referred to Committee on Ways and Means. sistance Act," approved March 11, 1971 (P. L. 104), further defining "household income." By Messrs. VANN, J. H. HAMILTON, COPPOLINO, Referred to Committee on Ways and Means. MASTRANGELO, LEDERER, KATZ, O'DONNELL, 1972. LEGISLATIVE JOURNAL-HOUSE 2541

COMER, Mrs. KELLY, Messrs. SHELTON, RIEGER, On the question, RUSH, FRANCIS J. LYNCH, BARBER and PEZAK Will the House agree to the bill on second consideration? HOUSE BILL No. 2041 MOTION TO REVERT TO PRIOR An Act amending "The Vehicle Code," approved April PRINTER'S NUMBER 29, 1959 (P. L. 58), authorizing certain lighting equipment for the exclusive use on police vehicles in cities of the The SPEAKER. The Chair recognizes the gentleman first class. from Philadelphia, Mr. Mullen. Does the gentleman have Referred to Committee on Transportation Safety. a motion to make? Is that motion in writing? Mr. M. P. MULLEN. Yes, it is, Mr. Speaker. By Messrs. STONE, LEDERER, R. K. HAMILTON, Mr. Speaker, I do have permission of the majority KOLTER, STEMMLER, MALADY, VANN, GEISLER, leader and the minority leader to make a statement on NOVAK, SALOOM, McGRAW, MARTINO, this motion. M. M. MULLEN, SCANLON, SMITH, McCUE, The SPEAKER. The gentleman is in order and may R. O. DAVIS, SPENCER, BURKARDT, LUTTY, proceed. MUSTO and WRIGHT HOUSE BILL No. 2042 Mr. M. P. MULLEN. Mr. Speaker, the motion I am go­ An Act amending the "Wage Payment and Collection ing to make is a motion to revert to the prior printer's Law," approved July 14, 1961 (P. L. 637), further provid­ number. The effect of that motion is simply this: It will ing for penalties and liquidated damages. delete from House bill No. 1867 the provision which the Referred to Committee on Labor Relations. Appropriations Committee inserted last week, which would prohibit the Department of Welfare from using state funds to subsidize abortions. SENATE MESSAGE I still maintain that this is wrong and they should not BILLS FOR CONCURRENCE do it. This is the reason why I offered it in committee and why I was prepared to support it on the House floor The clerk of the Senate being introduced, presented for today. concurrence bills numbered and entitled as follows: However, the major issue which will have to be re­ solved by the General Assembly is the question of whether SENATE BILL No. 1091 we should have abortion in Pennsylvania or whether we An Act authorizing the Secretary of Environmental Re­ should not have abortion in Pennsylvania. sources, with the approval of the Governor, to transfer In trying to resolve this matter, before I agreed to certain Project 70 lands in Blair County to the Depart­ offer this motion to revert to the prior printer's number, ment of Transportation for a highway project under cer­ I had gotten a commitment from the majority leader, from tain conditions. the Speaker and from the Governor that immediately after Referred to Committee on State Government. the primary, when we return on May 1, they will use whatever influence they have in an effort to try to get SENATE BILL No. 1264 House bill No. 800, which would prohibit all abortions, An Act amending the act of April 12, 1951 (P. L. 90), en­ and House bill No. 567, I believe it is, Mr. Kaufman's bill, titled "Liquor Code," authorizing the issuance of permits reported to the floor of the House of Representatives. for sale of malt or brewed beverages at professional base­ ball games in cities of the third class. When those bills are reported to the floor of the House of Representatives, then the members of the House will Referred to Committee on Liquor Control. have an opportunity to resolve the question once and for all. Either they can accept House bill No. 800, they can RECESS accept the Kaufman bill, or they can come up with an­ other bill, but the important issue involved is the question The SPEAKER. Without objection, this House now of whether we should have abortion in Pennsylvania. stands in recess until 20 minutes of 8. I think by offering this motion to revert to the prior The Chair hears nO objection. printer's number and voting on this deficiency appropri­ ation bill for the Department of Welfare, which most of AFTER RECESS us agree is necessary, it will bring the matter to a head The time of recess having expired, the House was called this year during the current session of the General Assem­ to order. bly. I think the overall good which will result from that certainly will balance what we may lose by not support­ THE SPEAKER (Herbert Fineman) IN THE ing this amendment today, which would pass if it stayed CHAIR in the bill. I will offer the motion in writing, Mr. Speaker. BILL ON SECOND CONSIDERATION The SPEAKER. The Chair recognizes the minority Agreeable to order, leader. The House proceeded to second consideration of House Mr. LEE. Mr. Speaker, a good many of our members bill No. 1867, printer's No. 2633, entitled: -and I share their feeling-have grave reservations about A Supplement to the act of August 31, 1971 (Appro­ any kind of deal like this that supposedly is going to bind priation Act 27-A), entitled "An act to provide for the ex­ any commitee of this House to bring any bill out on the penses of the Executive, Legislative and Judicial Depart­ floor. We do not think that such a deal can be binding. ment of the Commonwealth ** *," providing for deficien­ We do not feel that such a deal should be made, and a cies in certain appropriations made by the act for the fiscal year ending June 30, 1972. good many of our members would like to at least approach 2542 LEGISLATIVE JOURNAL-HOUSE March 14,

the issue now as it is presently in the bill and vote on NAYS-77 the bill without the amendment removed. Alexander Gekas Kistler Saloom Allen. F. M. Gleason Knepper Scheaffer The SPEAKER. The Chair recognizes the gentleman Anderson. J. H. Good Lee Schulze from Philadelphia, Mr. Mullen. Beren Gring Lehr Seltzer Bittle Halverson Lynch. Fl'ank Semanoff Mr. M. P. MULLEN. Mr. Speaker, I agree with the Burkardt Hamilton. J. H. Manbeck Shuman majority leader that certainly the Speaker, the majority Cessar HarrIer Mastrangelo Smith Coppolino Hayes. D S. McClatchy Spencer leader, myself or anyone else cannot bind the members of Crowley Hayes. S. K McCue Stout the committee-I believe it is the Public Health and Wel­ Davis. R. O. HIll McCurdy Thomas Dininni Hopkins Miller Wansacz fare Committee-to report out of committee either or Dorsey Horn Moore Weidner both of these bills or any other bills. All I ask for and Doyle Horner O'Connell Well15 Fischer Johnson. G. R. Pancoast Wil150n all I expect is that they will use their good offices to try Foor Jones Piper Wilt. R. W. to bring them out. If the bills do not come out, the only Foster Kahle Renninger Wright Fox Katz Reynolds Zeller other course of action we have to follow is a discharge Frankenburg Kennedy Ruane Zinunerman resolution under the House rules. I do not believe in Gallen Kester Ryan Zord fighting a battle piecemeal when you can fight the battle Geesey all together. NOT VOTING-15 I think it is awfully important and I think the people Allen. W. W. Fryer Manderino Rowe of Pennsylvania are entitled to have this problem resolved Anderson. S. A. Gallagher Melton Williams once and for all as to whether we are going to have abor­ Englehart Hepford Moscrip Worrilow Frank Laudadio Pievsky tion in Pennsylvania or whether we are not, and I think this is the vehicle under which we can do it. So the question was determined in the affirmative and I think the leadership will be able to persuade the com­ the motion was agreed to. mittee members to bring out the bill. But, as I said, if they do not persuade the committee members to bring it On the question recurring, out, we have the discharge resolution method to follow Will the House agree to the bill on second consideration? which no one likes to follow, but in the event that it can­ Bill was agreed to. not be brought out, then this is the course of action we will follow. I think it is a reasonable compromise at this Ordered, That the bill be prepared for third consider­ particular stage of the game which is, I think, acceptable ation. to most people. I think everyone realizes that we must face the issue, and this will give us an opportunity to BILLS AND RESOLUTIONS PASSED OVER face the issue, hopefully, before July 1, when we hope to The SPEAKER. The remaining bills and resolutions adjourn. This is one thing that I ask for, and which I think that on today's calendar will be passed over. we have gotten, and that is, a commitment to vote on the question of abortion during the current session of the ANNOUNCEMENT OF MEETING General Assembly, which we hope to adjourn by July 1. Thank you. The SPEAKER. The Chair recognizes the gentleman from Armstrong, Mr. Steele. On the question, Mr. STEELE. Mr. Speaker, I have been asked to make Will the House agree to the motion? this announcement. There will be an important meeting tomorrow at 10 The yeas and nays were required by Messrs. M. P. a.m. on the third fioor of the Welfare Department build­ MULLEN and LEE and were as follows: ing for all members of the welfare investigating commit­ tee. The purpose of this meeting will be to discuss prob­ YEAS-110 lems on Federal-state welfare relationships, the 30 and Arthurs Gillette McMonagle Schmitt one-third provision and welfare reform on the national Barber Gleeson Mebus Sclrica Bellomlnl Goodman Meholchick Shane level. Bennett Greenfield Morris Shelhamer All members of the House Health and Welfare Com­ Berkes Hamilton. R. K. Mullen. M. M. Shelton mittee and other members interested in the welfare prob­ Berson Haskell Mullen. M. P. Sherman Bixler Hetrick Murtha Shupnik lems are invited to join with the members of the special Blair Homer Musto Steele committee at 10 a.m. tomorrow. Bonetto Hovis Myers Stemmler Brunner Hutchinson Needham Stone Thank you. Butera Irvis Novak Sullivan Caputo Johnson. J. J. O'Brien Taylor Comer Kaufman O'Donnell Toll Coyne Kelly. A. P. O'Pake Ustynoskl COMMITTEE MEETING Crawford Kelly. J. B. Farker. B. L. Vallcenti Dager Klepper Parker. H. S. Vann APPROPRIATIONS, Mr. M. P. Mullen, chairman, Room Davis. D. M. Klunk Perry Wal15h 245, Wednesday, March 15, 1972, at 10:15 a.m., e.s.t. Davis. E. B. Kolter Pezak Wargo DeMedio Kowalyshyn Prendergast Westerburg Dombrowski Kury Rappaport Wilt. W. W. DreibelblJl LaMar'=8 RenWick' Wise ADJOURNMENT Early Lederer Rieger Wojdak Eckensberger Letterman Ritter Yahner Mr. WELLS moved that this House do now adjourn un­ Fawcett Lutty Ruggiero Yohn Fee Lynch. Franci.s Rush Zearfoss til Wednesday, March 15, 1972, at 10:30 a.m., e.s.t. Fenrich Malady Rybak The motion was agreed to, and (at 7:54 p.m., e.s.t.) the Geisler Martino Savitt Fineman. Gelfand McGraw Scanlon Speaker House adjourned.