COMMONWEALTH OF PENNSYLVANIA

WEDNESDAY, APRIL 9, 1980

Session of 1980 164th of the General Assembly No. 26

HOUSE OF REPRESENTATIVES I VROON, SALVATORE, CORNELL, BITTLE, BRANDT, DURHAM, The House convened at 9:30 a.m., e.s.t. HELFRICK, E. G. JOHNSON AND THE SPEAKER (H. JACK SELTZER) IN THE CHAIR PUNT. An Act establishing the Pennsylvania Energy Development PRAYER Authority, providing for its powers and duties in relation to the development and implementation of energy and energy REV. THOMAS MUSSER, pastor of West Milton conservation technologies, providing for the issuance of bonds United Church of Christ, West Milton, Pennsylvania, guest and making an appropriation. chaplain and guest of the gentleman from Snyder, Mr. Referred to Committee on MINES AND ENERGY Thomas, offered the following prayer: MANAGEMENT, April 8, 1980. Eternal God, our refuge, our rock and our high tower, No. 2445 By Representatives E. R. LYNCH, the burden of this shaken world is so great and our hands E. H. SMITH, LIVENGOOD, are so small. The mystery of life is very deep and our love MANMILLER, PRATT, PITTS, falters. Sin is stubborn and our wills are feeble. Without GIAMMARCO, COCHRAN, Thee we are lost and our life is empty. Strenghten our E. G. JOHNSON, KANUCK, hands, empower our love, direct our wills. HALVERSON, B. D. CLARK, NAHILL, Though this day he short, help us to lift some burden, GREENFIELD, BROWN, REED, NOYE, bring light to some darkness, and stand firm against the evil SALVATORE, E. Z. TAYLOR, WILSON, one. Open new paths of righteousness for our soul's sake McCALL AND DURHAM. that we may not -grow weary in well-doing. Lengthen our sight that we may see further than this day even unto the An Act amending the "Senior Citizens Property Tax or eternal vista of Thy kingdom. And when the night lays the Rent Rebate and Older Inflation Needs Act," approved March 11, 1971 (P. L. 104, No. 3). excluding part of world away, take our souls into Thy safekeeping and Social Security benefits from income, restore them with Thy spirit for the work of another day. Through Jesus Christ our Lord. Amen. Referred to Committee on HEALTH AND WELFARE, April 8, 1980. PLEDGE OF ALLEGIANCE No. 2446 By Representatives POTT, McVERRY, DAWIDA, COWELL, MICHLOVIC, (The Pledge of Allegiance was enunciated by members.) DUFFY, GAMBLE AND FISHER. JOURNAL APPROVED An Act amending the act of May 31, 1933 (P. L. 1135, No. 280), entitled "An act relating to the collection of delinquent ~h~ SPEAKER, there any corrections to the ~~~~~~l county taxes in counties of the second class; repealing all acts or parts of acts, general, local or special, inconsistent here- of March 18, 1980? with," permitting the county to fix the rate of interest on If not, and without objection, the Journal is approved. delinquent taxes. JOURNAL APPROVAL POSTPONED Referred to Committee on URBAN AFFAIRS, April 8, 1980. The SPEAKER. Without objection, approval of the NO. 2447 BY Representatives WHITE, PIEVSKY, Journal for Tuesday, April 8, 1980, will be postponed until OLIVER, BARBER, IRVIS, printed. RICHARDSON, HARPER AND J. J. JOHNSON. HOUSE BILLS A Supplement to the act of July 7, 1972 (P. L. 743. No. INTRODUCED AND REFERRED 176), entitled "An act providing for the establishment and operation of Lincoln University ***," making appropriations No. 2444 By Representatives WILSON, for carrying the same into effect, providing for a basis for M. R. CLARK, TELEK, ROCKS, payments of such appropriation, and providing a method of GRUPPO, GOEBEL, McKELVEY, accounting for the funds appropriated. 898 LEGISLATIVE JOURNAL-HOUSE APRIL 9,

Referred to Committee on APPROPRIATIONS, Chess Griso Milanovich Steighner April 8, 1980. Cimini G~UPP~ Miller Stewart Civera Hagarty Moehlmann Stuban No. 2448 By Representatives TELEK, M. R. CLARK, Clark, B. D. Halverson Mowcry sweet Clark. M. R. Harper Mrkonic Swift STEWART, DIETZ, YAHNER, KOLTER, Cochran Hasay Mullen Taddonio TRELLO, SEVENTY AND KNIGHT. Cohen Hayes, 11.. S. Murphy Taylor, E. Z. Cole Helfrick Nahill Taylor. F. An Act amending the "Civil Service Act," approved August Cornell Hoeffel Novak Telek 5, 1941 (P. L. 752, No. 286). limiting the prohibition against Coslett Honaman Noye Thomas political activity of certain persons. Cowell Hutchinson, A. O'Brien, B. F. Trello Cunningham Hutchinson, W. O'Donnell Vroon Referred to Committee on STATE GOVERNMENT, DeMedia his Oliver Wachob April 8, 1980. DeWeese ltkin Perzel Wargo DiCarlo Johnson, E. G. Peterson Wass Davies Johnson, 1. 1. Petrarca Wenger HOUSE RESOLUTION Dawida Jones Phillips White INTRODUCED AND REFERRED Dietz Kanuck Piccola Wilson I Dininni Klingaman Pievsky Wilt No. 224 By Representatives DURHAM, SPITZ, Dombrowski Knepper Pistella Wright, D. R. Donatucci, R. Knight Pitts Wright. Jr., I. FREIND, MICOZZIE, ARTY, GANNON Dorr Kolter Polite Yahner AND CIVERA. Duf fy Kowalyshyn Pott Y ohn Durham Kukovich Pratt Zeller House memorialize Congress to enact legislation exempting Earley Lashinger Pucciarelli Zitterman certain unemployment claims from taxes. Fee Laughlin Punt Zwikl Fischer Lehr Pyles Referred to Committee on FEDERAL-STATE RELA- Fisher Lescovitz Rasco Seltzer, TIONS, April 8, 1980. Foster. W. W. Letterman Reed Soeaker Foster. Ir., A. LEAVES OF ABSENCE GRANTED NAYS-0 I NOT VOTING-9 The SPEAKER. The Chair recognizes the majority whip. Mr. S. E. HAYES. Mr. Speaker, I request a leave of Beloff Rhodes Schweder Street Dumas Richardson Shadding Williams absence for the week, both yesterday and today, for Mr. Musto ZORD, who is experiencing medical difficulties, and also EXCUSED-7 for Mr. DeVERTER for part of today's session (see Mr. Hayes' later statement). Barber Hayes. D. S. Rappaport Zord DeVerter O'Brien, D. M. Weidner The SPEAKER. The Chair recognizes the gentleman from Philadelphia, Mr. Pievsky. The SPEAKER. One hundred eighty-seven members Mr. PIEVSKY. Mr. Speaker, I request leaves of absence having indicated their presence, a master roll is established. for Messrs. RAPPAPORT and BARBER for today's session. CALENDAR The SPEAKER. Without objection, leaves are granted. BILLS AGREED TO ON SECOND CONSIDERATION MASTER ROLL CALL RECORDED I The following bills.having been called up, were consid- The SPEAKER. The members will please report to the ered for the second time and agreed to, and ordered tran- floor. The Chair is about to take the master roll. Only scribed for third consideration: those members in their seats may record their attendance. HB 401, PN 3119; HB 1834, PN 2257; HB 2261, PN The following roll call was recorded: 2901; HB 1882, PN 2332; HB 1946, PN 2436; HB 1425, PN YEAS-187 2925; HB 1899, PN 2356; HB 2256, PN 2896; HB 2290, PN 3150; and HB 2393, PN 3130. Alden Freind Levi Rieger Anderson Fryer Levin Ritter Armstrong Gallagher Lewis Rocks RESOLUTIONS ADOPTED Arty Gallen Livengood Rodgers Austin Gamble Lynch. E. R. Ryan Mr. PYLES called up HR 218, PN 3158, entitled: Belardi Gannan McCall Salvatore Bennett Gatski McClatchy Scheaffer General Assembly pay tribute on the occasion of the 100th Berson Geesey Melntyre Schmitt Anniversary of the birth of General Douglas MacArthur. Bittle Geist McKelvey Serafini Borski George, C. McMonagle Seventy On the question, Bowser George, M. H. McVerry Shupnik Will the House adopt the resolution? Brandt Giammarco Mackowski Sieminski Brown Oladeck Madigan Sirianni The following roll call was recorded: Burd Goebel Maiale Smith, E. H. Burns Goodman Manderino Smith, L. E. Caltagirone Grabowski Manmiller Spencer Cappabianca Gray Michlovie Spitz Cessar Greenfield Micozzie Stairs

LEGISLATIVE JOURNAL-HOUSE APRIL 9,

afternoon and we have assurances that these caucuses can take place effectively in a period of 1 hour. We can come Alden Foster, Jr., A. Levi Rocks Anderson Freind Lewis Rodgers back, work through the afternoon, and leave at an early Armstrong Fryer Livengood Ryan hour. Arty Gallagher Lynch, E. R. Salvatore I am going to suggest that we break now, Mr. Speaker, Belardi Gallen McCall Scheaffer Bennett Gamble McClatchy Schmitt for 1 hour; that the members come back at 11:15 prepared Berson Gannon Mclntyre Serafini to stay for the next 3 or 4 hours without a lunch break, BitUe Gatski McKelvey Seventy and, hopefully, we will be out of here at an early hour this Borski Geesey McVerry Shupnik Bowser Geist Mackowski Sieminski afternoon. I know there are a number of commitments and Brandt George, C. Madigan Sirianni it is for that reason I am suggesting we work through lunch Brown George, M. H. Maiale Smith, E. H. and hopefully finish up sometime in the early afternoon. Burd Giammarco Manderino Smith, L. E. Burns Gladeck Manmiller Spencer Thank you, Mr. Speaker. Caltagirone Goebel Michlovic Spitz Cappabianca Goodman Micozde Stairs DEMOCRATIC CAUCUS Cessar Grabowski Milanovich Steighner Chess Greenfield Miller Stewart Civera Gruppo Moehlmann Stuban The SPEAKER. The Chair recognizes the minority Clark, B. D. Hagarty Mowery Sweet leader. Chrk, M. R. Halverson Mrkonic Swift Mr. IRVIS. Mr. Speaker, I concur with the announce- Cochran Harper Mullen Taddonio Cohen Hasay Murphy Taylor, E. Z. ment by the majority leader and would ask for an imme- Cole Hayes. Jr., S. Nahill Taylor, F. diate Democratic caucus on the declaration of the recess. Cornell Helfrick Novak Telek The SPEAKER. The Chair recognizes the gentleman Cowell Hoeffel Noye Thomas Cunningham Honaman O'Brien, B. F. Trello from Lehigh, Mr. Zeller. For what purpose does the DeMedio Hutchinson, A. Oliver Vroon gentleman rise? DeVerter lrvis Perzel Wachob Mr. ZELLER. Mr. Speaker, if we are going into caucus, DeWeese ltkin Peterson Wargo DiCarlo Johnson, E. 0. Petrarca Wass 1 had hoped that this copy of HR 154 could have been on Davies Johnson, J. J. Phillips Wenger the members' desks. But I would ask, if it is possible, that I Dawida Jones Piccola White could get it circulated to the members in the caucus before Dietz Kanuck Pievsky Wilson Dininni Klingaman Pistella Wilt they go in, because it shows what the resolution looks like, Dombrowski Knepper Pitts Wright, D. R. HR 154, prior to its amendment. And that is all I wish the Donatucci. R. Knight Polite Wright, Jr., 1. members would consider - the impact it would have with Dorr Kolter Pott Yahner Duffy Kowalyshyn Pratt Yohn the amendment. There would be no impact at all on the Durham Kukovich Pucciarelli Zeller resolution. So I .would like to have them read it and revert Earley Lashinger Punt Zittcrman back to the prior printer's number. Thank you. Fee Laughlin Pyles Zwikl Fischer Lehr RBSCO The SPEAKER. For the information of Mr. Zeller, his Fisher Lescovitz Rieger Seltzer. information is being distributed currently on the floor of Foster. W. W. Letterman Ritter Speaker the House. It is now being distributed. NAYS-0 NOT VOTING-19 REMARKS ON VOTE Austin Gray Musto Schweder The SPEAKER. The Chair recognizes the gentleman Beloff Grieco O'Donnell Shadding from Luzerne, Mr. Coslett. Cimini Hutchinson, W. Reed Street Coslett Levin Rhodes Williams Mr. COSLETT. Mr. Speaker, on HR 223, I would like to Dumas McMonagle Richardson be recorded in the affirmative, please. Thank you, Mr. EXCUSED-6 Speaker. Barber O'Brien, D. M. Weidner Zord The SPEAKER. The gentleman's remarks will be spread Hayes, D. S. Rappaport upon the record.

The question was determined in the affirmative, and the BILLS REPORTED FROM COMMITTEE, resolution was adopted. 1 CONSIDERED FIRST TIME, AND TABLED HOUSE SCHEDULE HB 1054, PN 3196 (Amended) By Rep. YOHN The SPEAKER. The Chair recognizes the majority leader. An Act amending the "Tax Reform Code of 1971," Mr. RYAN. Mr. Speaker, I am going to suggest that approved March 4, 1971 (P. L. 6, No. 2), excluding the propa- gation of game birds from the definition of use. both caucuses, both the Republican and Democratic caucuses, retire to their respective caucus rooms. The lead- FINANCE. ership on both sides has a list of bills that are to be HB 2412, PN 3197 (Amended) caucused on and voted today. We discussed this yesterday By Rep. YOHN LEGISLATIVE JOURNAL-HOUSE

An Act amending the "Tax Reform Code of 1971," CALENDAR RESUMED approved March 4, 1971 (P. L. 6, No. 2), authorizing the BILLS ON THIRD CONSIDERATION representative filing the tax return of a deceased individual taxpayer to claim the tax forgiveness. The House proceeded to third consideration of SB 617, FINANCE. PN 649, entitled: An Act amending the an of November 26, 1978 (P. L. 1399, RECESS No. 330), entitled "Political Subdivision Tort Claims Act," providing for appeals. The SPEAKER. Without objection, this House now stands in recess until 11:15 a.m. On the question, The Chair hears none. Will the House agree to the bill on third consideration? Bill was agreed to. AFTER RECESS The SPEAKER. This bill has been considered on three different days and agreed to and is now on final passage. The time of recess having expired, the House was called The question is, shall the bill pass finally? to order. Agreeable to the provisions of the Constitution, the yeas and nays will now be taken. REPORT OF COMMITTEE ON COMMITTEES YEAS-174 The SPEAKER. The Chair recognizes the gentleman Alden Fisher Lehr Rocks from York, Mr. Anderson. Anderson Foster, W. W. Lescovitz Rodgers Mr. ANDERSON. Mr. Speaker, I submit the following Armstrong Foster, Jr., A. Letterman Ryan Arty Freind Levi Salvatore report of the Committee on Committees. Austin Fryer Levin Scheaffer The following report was read: Belardi Gallen Lewis Schmitt Bennett Gamble Livengood Serafini SUPPLEMENTAL REPORT OF Bittle Cannon Lynch, E. R. Seventy COMMITTEE ON COMMITTEES Borski Gatski McCall Shupnik In the House of Representatives, April 9, 1980 Bowser Geesey McClatchy Sieminski Brand1 Geist McKelvey Sirianni RESOLVED, That Lois Sherman Hagerty, 148th District, Brown George, C. McMonagle Smith. E. H. Montgomery County, is hereby elected a memher of the Judi- Burd George, M. H. McVeny Smith, L. E. ciary Committee vice Frank J. Lynch resigned and the Game Burns Giammarco Mackowski Spencer and Fisheries Committee vice Anthony J. Scirica resigned. Caltagirone Gladeck Madigan Spitz RESOLVED, That Merle H. Phillips, 108th District, North- Cappabianca Goebel Maiale Stairs umberland and Montour Counties, is hereby elected a memher Cessar Goodman Manderino Steighner of the Agriculture Committee vice Jess M. Stairs resigned and Chess Grabowski Manmiller Stewart Cimini Orieco Micouie Stuban the Conservation Committee vice George 0. Wagner resigned. Civera Gruppa Milanovich Sweet RESOLVED, That Jess M. Stairs, 59th District, Fayette and Clark, B. D. Hagarty Miller Swift Westmoreland Counties, is hereby elected a memher of the Clark, M. R. Halverson Moehlmann Taddonio Education Committee vice William D. Mackowski resigned. Cochran Harper Mowery Taylor, E. Z. RESOLVED, That Mario Civera, 164th District, Delaware Cohen Hasay Mrkonic Taylor, F. County, is hereby elected a member of the Conservation Cole Hayes, Jr., S. Murphy Telek Committee vice Anthony J. Scirica resigned. Cornell Helfrick Nahill Thomas RESOLVED, That Albert Rasco, 32nd District, Allegheny Coslett Hoeffel Novak Trello County, is hereby elected a memher of the Federal-State Rela- Cowell Honaman Noye vroon tions Committee vice June N. Honaman resigned and the Cunningham Hutchinson, A. O'Brien, B. F. Wachob DeMedio Hutchinson, W. O'Donnell War go Insurance Committee vice A. Carville Foster resigned. DeWeese lrvis Perzel Wass Signed: John Hope Anderson, Chairman DiCarlo ltkin Peterson Wenger and others Davies Johnson, E. 0. Phillips Wilson Dawida Johnson. 1. J. Piccala Wilt Dietz Jones Pistella Wright, D. R. ADDITIONAL LEAVE GRANTED Dininni Kanuck Pitts Wrlght, Jr., 1. Dombrowski Klingaman Polite Yahner The SPEAKER. The Chair recognizes- the majority~. whip. Donatucci, R. Knepper Pott Yohn Mr. S. E. HAYES. Mr. Speaker, Mr. DeVerter's office Dorr Knight Pratt Zeller Duffy Kolter Pucciarelli Zitterman has just contacted me, and if you would, please, return to Durham Kowalvshvn Punt Zwikl -.leaves- .. of. - ahsence.-...... I Earlev ~ukovich- Pvles Mr. Deverter has had to go to the hospital and he would Lashinger dasco Seltzer, Laughlin Ritter Speaker like a leave for the rest of the day. Fccher NAYS-0 The SPEAKER. Without objection, the leave will be granted. NOT VOTING-22 Beloff Mclntyre Pievsky Schweder Berson Michlavic Reed Shadding Dumas Mullen Rhodes Street Gallagher Must0 Richardson White Gray Oliver Rieger Williams LEGISLATIVE JOURNAL-HOUSE APRIL 9,

Greenfield Petrarca Earley Lashinger Punt Laughlin Pyles Seltzer. EXCUSED-7 Fischer Lehr Rasco Speaker Barber Hayes, D. S. Rappaport Zord DeVerter O'Brien. D. M. Weidner Hutchinsan. Klingaman Spitz The majority required by the Constitution having voted NOT VOTING-23 in the affirmative, the question was determined in the affir- ...-A ...-A :..- Beloff Greenfield Pievstv IIIaLIVC. - -..--. Berson Manderino Reed Sweet Ordered, That the clerk return the same to the Senate Cunningham ~i~hl~~i~Rhodes Trello with the information that the House has passed the same Dumas Mullen Richardson Wachob Freind Musto Schweder Williams without amendment. Gallagher Petrarca Shadding The House proceeded to third consideration of SB 618, --RXCl - - - JSEn-7 - -- . PN 1502, entitled: Barber Hayes, D. S. Rappaport Zord An Act reenacting and amending the act of December 10, DeVerter O'Brien, D. M. Weidner 1974 (P. L. 802, No. 264), entitled "An act prohibiting the disbanding of a paid fire force in favor of having such services The majority required by the Constitution having voted performed by volunteers," further providing for disbanding of in the affirmative, the question was determined in the affir- aid fire forces and establishing a method of ooeration for the mative. Ordered, That the clerk return the same to the Senate On the question, with the information that the House has passed the same Will the House agree to the hill on third consideration? without amendment. Bill was agreed to. The House proceeded to third consideration of SB 619, The SPEAKER. This hill has been considered on three PN 651, entitled: different days and agreed to and is now on final passage. An Act amending the act of May 1, 1933 (P. L. 103, No. The question is, shall the bill pass finally? 69), entitled "The Second Class Township Code," further Agreeable to the provisions of the Constitution, the yeas providing for the procedure for adding additional supervisors. and nays will now be taken. On the question, YEAS-I70 Will the House agree to the bill on third consideration? Bill was agreed to. Alden Fisher Lescovitz Rieger Anderson Foster, W. W. Letterman Ritter The SPEAKER. This bill has been considered on three Armstrong Levi Foster, 11.. A. Racks different days and agreed to and is now on final passage. Arty Fryer Levin Rodgers Austin Gallen Lewis Ryan The question is, shall the bill pass finally? Belardi Gamble Livengood Salvatore Agreeable to the provisions of the Constitution, the yeas Bennett Gannon Lynch. E. R. Scheaffer and nays will now be taken. Bittle Gatski McCall Schmitt Borski Geesey McClatchy Serafini YEAS-167 Bowser Geist Mclntyre Seventy Brandt George, C. McKelvey Shupnik Alden Foster. Jr., A. Livengoad Salvatore Brown George, M. H. MeMonagle Sicminski Anderson Fryer Lynch, E. R. Scheaffer Burd Giammarco McVerry Sirianni Armstrong Gallen McCall Schmitt Burns Gladeck Mackowski Smith, E. H. Arty Gamble McClatchy Serafini Caltagirone Goebel Madigan Smith, L. E. Austin Gannon McKelvey Seventy Cappabianca Goodman Maiale Spencer Belardi Gatski McMonagle Shupnik Cessar Grabowski Manmiller Stairs Bennett Geesey MeVerry Sieminski Chess Gray Micouie Steighner Bittle Geist Mackowski Sirianni Cimini Grieco Milanovich Stewart Borski George, C. Madigan Smith. E. H. Civera Gruppo Miller Stuban Bowser George, M. H. Maiale Smith, L. E. Clark, B. D. Hagarty Moehlmann Swift Brandt Giammarco Manderino Spencer Clark, M. R. Halverson Mowery Taddonio Brown Gladeck Manmiller Spitz Cochran Harper Mrkonic Taylor, E. Z. Burd Goodman Micorrie Stairs Cohen Hasay Murphy Taylor, F. Burns Grabowski Milanovich Steighner Cole Hayes, Jr., S. Nahill Telek Calta~irone Gruppo Miller Stewart Cornell Helfrick Novak Thomas ~appibianca Hagarty Mowery Stuban Coslett Hoeffel Noye Vroon Cessar Halverson Mrkonic Sweet Cowell Honaman O'Brien. 8. F. Wargo Chess.~~... Harper Murphy Swift DeMedio Hutchinson, A. O'Donnell Wass Civera Hasay Nahill Taddonio DeWeese lrvis Oliver Wenger Clark. B. D. Hayes, Jr., S. Novak Taylor, E. Z DiCarlo ltkin Perrel White Clark, M. R. Helfrick Noye Taylor, F. Davies Johnson. E. G. Peterson Wilson Cochran Hoeffel O'Brien. B. F. Telek Dawida Johnson. J. J. Phillips Wilt Cohen Honaman O'Donnell Thomas Dietz Jones Piccola Wright. D. R. Cole Hutchinson, A. Oliver Trella Dininni Kanuck Pistella Wright. Jr., J. Cornell lrvis Perzel Vroon Dombrowski Knepper Pitts Yahner Coslett Itkin Peterson Wachob Donatucci, R. Knight Polite Yohn Cowell Johnson, E. G. Phillips Wargo Dorr Kolter Pott Zeller DeMedio Johnson, I. J. Piccola Wass Duffy Kowalyshyn Pratt Zitterman DeWeese Jones Pistella Wenger Durham Kukovich Pucciarelli Zwikl I 1980 LEGISLATIVE JOURNAL-HOUSE 903

DiCarlo Kanuck Pitts White Civera Hagarty Milanovich Stuban Davies Knight Polite Wilson Clark, B. D. Halverson Millcr Sweet Dawida Kolter POtt Wilt Clark, M. R Harper Moehlmann Swift Dietz Kowalyshyn Pratt Wright, D. R. Cochran Hasay Mowery Taddonio Dombrowski Kukovich Pucciarelli Wright, Jr., 1. Cohen Hayes, Jr., S. Mrkonic Taylor, E. Z. Donatucci, R. Lashinger Punt Yahner Cole Helfrick Murphy Taylor, F. Dorr Laughlin Pyles Yohn Cornell Hoeffel Nahill Telek Duffy Lehr Rasco Zeller Coslett Honaman Novak Thomas Durham Lescovia Rieger Zitterman Cowell Hutchinson, A. Noye Trello Earley Letterman Ritter Zwikl DeMedio Hutchinson, W. O'Brien, B. F. Vroon Fee Levi Rocks DeWeese lrvis O'Donnell Wachob Fischer Levin Rodgers Seltzer. DiCarlo ltkin Oliver Wargo Fisher Lewis Ryan Speaker Davies Johnson, E. G. Perzel Wass Foster, W. W. Dawida Johnson, J. 1. Peterson Wenger Dietz Jones Petrarca White Dininni Kanuck Phillips Wilson Dininni Hutchinson, W. Klingaman Moehlmann Dombrowski Klingaman Piccola Wilt Goebel Donatucci, R. Knepper Pistella Wright, D. R. Dorr Knight Pit& Wright, Ir., 1. NOT VOTING-24 Duffy Kolter Polite Yahner Durham Kowalyshyn Pratt Yohn Beloff Gallagher Michlovic Rhodes Earley Kukovich Pucciarelli Zeller Berson Gray Mullen Richardson Fee Lashinger Punt Zitterman Cimini Greenfield Must0 Schweder Fischer Laughlin Pyles Zwikl Cunningham Grieco Petrarca Shadding Fisher Lehr Rasco Dumas Knepper Pievsky Street Foster, W. W. Lescovitz Rieger Seltzer, Freind McIntyre Reed Williams Foster, Jr.. A. Letterman Ritter Speaker EXCUSED-7 NAYS-2 Barber Hayes. D. S. Rappaport Zord Pott Steighner DeVerter O'Brien, D. M. Weidner NOT VOTING-20 The majority required by the Constitution having voted Beloff Dumas Mullen Richardson in the affirmative, the question was determined in the affir- Berson Freind Must0 Schweder mative. Bowser Gallagher Pievsky Shadding Ordered, That the clerk return the same to the Senate Cimini Greenfield Reed Street with the information that the House has passed the same Cunningham Michlovic Rhodes Williams without amendment. EXCUSED-7 The House proceeded to third consideration of SB 624, Barber Hayes, D. S. Rappaport Zord DeYerter O'Brien. D. M. Weidner PN 656, entitled: The majority required by the Constitution having voted An Act amending the act of February 1, 1966 (1965 P. L. 1656, No. 581), entitled "The Borough Code," providing for in the affirmative, the question was determined in the affir- the regulations of recreational facilities. mative. Ordered, That the clerk return the same to the Senate On the question, with the information that the House has passed the same Will the House agree to the bill on third consideration? without amendment. Bill was agreed to. The House proceeded to third consideration of SB 625, The SPEAKER. This bill has been considered on three PN 657, entitled: different days and agreed to and is now on final passage. The question is, shall the bill pass finally? An Act amending the act of February 1, 1966 (1965 P. L. Agreeable to the provisions of the Constitution, the yeas 1656, No. 581), entitled "The Borough Code," changing provi- sions relating to duties of mayor. and nays will now be taken. On the question, YEAS-174 Will the House agree to the bill on third consideration? Alden Fryer Levi Rocks Bill was agreed to. Anderson Gallen Levin Rodgers Armstrong Gamble Lewis Ryan The SPEAKER. This bill has been considered on three Arty Gannon Livengood Salvatore different days and agreed to and is now on final passage. Austin Gatski Lynch, E. R. Scheaffer Belardi Geese" MeCall Schmitt The question is, shall the bill pass finally? Bennett Geist McClatchy Serafini Agreeable to the provisions of the Constitution, the yeas Bittle George, C. Mclntyre Seventy and nays will now be taken. Barski George, M. H. McKelvey Shupnik Brandt Giammarco McMonagle Sieminski Brown Gladeck McVerry Sirianni Burd Gwbel Mackawski Smith, E. H. Alden Gamble Lewis Rodgers Burns Goodman Madigan Smith, L. E. Anderson Gannon Livengood Ryan Caltagirone Grabowski Maiale Spencer Armstrong Galski Lynch. E. R. Salvatore Cappabianca Gray Manderino Spia Arty Geesey McCall Scheaffer Cessar Grieco Manmiller Stairs Austin Geist McCIatchy Schmitt Chess Gruppo Micozzie Stewart Belardi George, C. McIntyre Serafini LEGISLATIVE JOURNAL-HOUSE APRIL 9,

Bennett George, M. H. McKelvey Seventy percentages of loans to be made to industrial development Bittle Giammarco McMonagle Shupnik agencies based upon varying and increased rates of unemploy- Borski Gladeck McVerry Sieminski ment in critical economic areas and providing for larger loans Bowser Gocbel Mackowski Sirianni for small businesses and removing the industrial development Brandt Goodman Madigan Smith, E. H. agency project percentage in certain instances. Brown Grabowski Maiale Smith, L. E. Burd Gray Manderino Spencer On the question, Burns Grieco Manmiller Spitz Will the House agree to the bill on third consideration? Caltagirone Gruppo Micozde Stairs Cappabianca Hagarty Milanovich Steighner Bill was agreed to. Cessar Halverson Miller Stewart SPEAKER. Civera Harper Moehlmann Stuban The This bill has been considered on three Clark. B. D. Hasay Mowery Sweet different days and agreed to and is now on final passage. lark; M. R. ~ayei,Jr., S. ~rkonic Swift The question is, shall the bill pass finally? Cochran Helfrick Murphy Taddonio Agreeable provisions of yeas Cohen Hoeffel Nahill Taylor, E. Z to the the Constitution, the Cole.... Honaman Novak Tavlor. F. and nays will now be taken. Cornell Hutchinson, A. Noye ~eiek Coslett Hutchinson, W. O'Brien. B. F. Thomas Cowell Irvis O'Donnell Trello Alden Freind Levin Rocks DeMedio Itkin Oliver Vroon Anderson Fryer Lewis Rodgers DeWeese Johnson, E. G. Perzel Wachob Armstrong Gallen Livengood Ryan DiCarlo Johnson, J. J. Peterson Wargo Arty Gamble Lynch, E. R Salvatore Davies Jones Petrarca Wass Austin Gannon McCall Scheaffer Dawida Kanuck Phillips Wenger Belardi Gatski McClatchy Schmitt Dietz Klingaman Piccola White Bennett Oecsey Mclntyre Serafini Dininni Knepper Pistella Wilson Bittle Geist McKelvey Seventy Dombrowski Knight Pitts Wilt Borski George, C. McMonagle Shupnik Donatucci, R. Kolter Polite Wright. D. R. Bowser George, M. H. McVerry Sieminski Dorr Kowalyshyn POtt Wright, Jr., 1 Brandt Giammarco Mackowski Sirianni Duffy Kukovich Pratt Yahner Brown Gladsk Madigan Smith. E. H Durham Lashinger Pucciarelli Y0hn Burns Goebel Maiale Smith. L. E. Fee Laughlin Punt Zeller Caltagirone Goodman Manderino Spencer Foster. W. W. Lehr Pyles Zitterman Cappabianca Grabowski Manmiller Spitz Foster, Jr., A. Lescovitz Rasco Zwikl Cessar Gray Michlovic Stairs Freind Letterman Rieger Chess Greenfield Micozzie Steighner Fryer Levi Ritter Seltzer, Cimini Grieco Milanovich Stewart Gallen Levin Rocks Speaker Civera Grup~o Miller Stuban NAYS-2 I Clark. B. D. ~a&ty Moehlmann Sweet Clark, M. R ~&erion Mowery Taddonio Fischer Fisher Cochran Harper Mrkonic Taylor, E. Z. NOT VOTING-20 Cohen Hasay Murphy Taylor, F. Cole Hayes, Jr., S. Nahill Telek Beloff Dumas Mullen Richardson Cornell Helfrick Novak Thomas Berson Earley Must0 Schweder Coslett Hocffel Noye Trello Chess Gallagher Pievsky Shadding Cowell Honaman O'Brien, B. F. Vroon Cirnini Greenfield Reed Street DeMedio Hutchinson, A. O'Donnell Wachob Cunningham Michlovic Rhoda Williams DeWeese Hutchinson, W. Oliver wargo DiCarlo lrvis Perzel Wass EXCUSED-7 Davies ltkin Peterson Wager Barber Hayes, D. S. Rappaport Zord Dawida Johnson, E. G. Petrarca White DeVerter O'Brien, D. M. Weidner Dietz Johnson, J. 1. Phillips Wilson Dininni Jones Piccola Wilt The majority required by the Constitution having voted Dombrowski Kanuck Pistella Wright. D. R. Donatucci, R. Klingaman Pitts Wright, Jr., 1. in the affirmative, the question was determined in the affir- Dorr Knepper Polite Yahner mative. Duffy Knight Pott Yohn

Ordered, That the clerk return the same to the Senate Durham Kolter Pratt Zeller- ~ Earley Kowalyshyn Pucciarelli Zitterman with the information that the House has passed the same Fee Lashinger Punt Zwikl without amendment. Fischer Laughlin Pyles Fisher Lehr Rasco Seltzer, The House proceeded to third consideration of SB 1200, Foster, W. W. Lcscovitz Rieger Speaker PN 1608, entitled: Foster, Jr.. A. Levi Ritter An Act amending the act of May 17, 1956 (1955 P. L. 1609, NAYS-0 No. 537), entitled "Pennsylvania Industrial Development NOT VOTING-19 Authority Act," providing for the designation of critical economic areas annually or for periods of less than one year; BelOff Gallagher Pievsky Shadding changing the definition of industrial enterprise to include office Berson Kukovich Reed Street buildings utilized as National or regional headquarters or Burd Letterman Rhodes Swift computer or clerical operations centers; correcting the defini- Cunningham Mullen Richardson Williams Dumas Must0 Schweder tion of industrial development fund; adding the definition of small business; extending the life of the Authority; repealing clauses (c) and (d) of section 6; providing for increased 1980 LEGISLATIVE J( URNAL-HOUSE 905

EXCUSED-7 YEAS-178 Barber Hayes, D. S. Rappaport Zord Alden Foster. Jr., A. Levi Rocks DeVerter O'Brien, D. M. Weidner Anderson Freind Levin Rodgers Armstrong Fryer Lwis Ryan The majority required by the Constitution having voted Arty Gallen Livengood Salvatore Austin Gamble Lynch. E. R. Scheaffer in the affirmative, the question was determined in the affir- Belardi Gannon McCall Schmitt mative. Bennett Gatski McClatchy Serafini Ordered, That the clerk return the same to the Senate Bittle Geesey Mclntyre Seventy Borski Geist McKelvey Shupnik with the information that the House has passed the same Bowser George, C. McMonagle Sieminski without amendment. Brand1 George, M. H. McVerry Sirianni Brown Giammarco Mackowski Smith. E. H. The House proceeded to third consideration of HB 2030, Burd Gladeck Madigan Smith, L. E. PN 2564, entitled: Burns Goebel Maiale Spencer Caltagirone Goodman Manderino Spitz An Act amending the "Pennsylvania Industrial Development Cappabianca Grabowski Manmiller Stairs Authority Act," approved May 17, 1956 (1955 P. L. 1609, No. Cessar Gray Micozzie Steighner 537). providing for the designation of critical economic areas Chess Greenfield Milanovich Stewart annually or for periods of less than one year *** and removing Cimini Grieco Miller Stuban the industrial development agency project percentage in certain Civera G~UPP~ Mochlmann Sweet instances; and changing the voting requirements for approvals Clark, B. D. Hagarty Mowery Swift or rejections of loan applications. Clark, M. R. Halverson Mrkonic Taddonio Cochran Harper Murphy Taylor, E. Z. On the question, Cohen Hasay Nahill Taylor. F. Cole Hayes, Jr., S. Novak Telek Will the House agree to the bill on third consideration? Cornell Helfrick Noye Thomas Coslett Hoeffel O'Brien, B. F. Trello BILL RECOMMITTED Cowell Honaman O'Donndl Vroon DeMedio Hutchinson, A. Oliver Wachob The SPEAKER. The Chair recognizes the majority DeWeese Hutchinsan, W. Perzel Wargo DiCarlo lrvis Peterson Wass leader. Davies ltkin Petrarca Wenger Mr. RYAN. Mr. Speaker, 1 move that HB 2030 be Dawida Johnson, E. G. Phillips White recommitted to the Committee on Business and Commerce. Dietz Johnson. I. J. Piccola Wilson Dininni Jones Pistella Wilt On the question, Dombrowski Klingaman Pitts Wright, D. R. Donatucci, R. Knepper Polite Wright, Jr., J. Will the House agree to the motion? Dorr Knight Pott Yahner Motion was agreed to. Duffy Kolter Pratt Yohn Durham Kowalyshyn Pucciarelli ZeUer REMARKS ON VOTE Earley Lashinger Punt Zitterman Fee Laughlin Pyles Zwikl Fischer Lehr Rasco The SPEAKER. The Chair recognizes the gentleman Fisher Lescovitz Rieger Seltzer, from Centre, Mr. Letterman. Foster, W. W. Letterman Ritter Speaker Mr. LETTERMAN. On SB 1200, 1 do not know what NAYS-0 happened but my switch did not tabulate up there. I would NOT VOTING-18 like to be recorded in the affirmative. The SPEAKER. The remarks of the gentleman will he Beloff Kanuck Pievsky Schweder Berson Kukovich Reed Shadding spread upon the record. Cunningham Michlovic Rhodes Street Dumas Mullen Richardson Williams BILLS ON THIRD Gallagher Must0 CONSIDERATION CONTINUED EXCUSED-7 Barber Hayes, D. S. Rappaport Zord The House proceeded to third consideration of HB 1739, DeVerter O'Brien. D. M. Weidner PN 2125, entitled: The majority required by the Constitution having voted An Act amending Title 9 (Burial Grounds) of the Penn- in the affirmative, the question was determined in the affir- sylvania Consolidated Statutes, further providing for the filing of accounts. mative. Ordered, That the clerk present the same to the Senate On the question, for concurrence. Will the House agree to the bill on third consideration? Bill was agreed to. The House proceeded to third consideration of HB 1543, PN 1820, entitled: The SPEAKER. This bill has been considered on three different days and agreed to and is now on final passage. An Act providing for adoption of capital projects to be financed from current revenues of the Game Fund. The question is, shall the bill pass finally? Agreeable to the provisions of the Constitution, the yeas 1 On the question, and nays will now be taken. 906 LEGISLATIVE JOURNAL-HOUSE APRIL 9,

Will the House agree to the bill on third consideration? Ordered, That the clerk present the same to the Senate Bill was agreed to. for concurrence. The SPEAKER. This bill has been considered on three HB 2003 PASSED OVER different days and agreed to and is now on final passage. The SPEAKER. The Chair recognizes the lady from The question is, shall the bill pass finally? Bucks, Mrs. George. Agreeable to the provisions of the Constitution, the yeas Mrs. GEORGE. Mr. Speaker, I was of the impression and nays will now be taken. that HB 2003 was going to be considered today. YEAS-178 The SPEAKER. The Chair's calendar is marked over for HB 2003, HB 1019, and is now marked to pass over HB Alden Fryer Levi Rocks .Anderron..~...... Oallen Levin Rodcers- 769. Amstrong Gamble Lewis Ryan Mrs. GEORGE. Yes, I know. I tried to talk a little Arty Cannon Livengood Salvatore earlier and could not get quite to it. I would like to call up Belardi Gatski Lynch, E. R. Schcaffe1 &MCtt Geesey McCall Schmitt that bill, please. Bittle Oeist McClatchy Serafini The SPEAKER. The Chair recognizes the majority Borski George. C. McKdvey Seventy leader. Bowser George. M. H. McMonagle Shupnik Mr. RYAN. Mr. Speaker, our caucus has not reviewed Rrandt Giammarco- ~~~~~~~~~~~~ ~ ~ McVerrv Sieminski Brown Gladak ~aeko&ki Sirianni Mrs. George's amendments, so we are not prepared to call Burd Goebel Madigan Smith, E. H. it up right now. Burns Goodman Maiale Smith, L. E. Caltagirone Grabowski Manderino Spencer The SPEAKER. The Chair recognizes the lady, Mrs. Cappabianca Gray Manmiller Spitz George. Cessar Greenfield Michlovic Stairs Mrs. GEORGE. I distributed those amendments some Chess Griao Micozzie Steighnn Cimini GNPPO Milanovich Stewart time ago, well over a month ago, and 1 have had conversa- Hagarty Miller Stuban tions with the majority whip, with Mr. Polite, with various 5iaik. B. D. Halverson Moehlmann Sweet people, and I think I have been pretty patient in waiting for Clark, M. R Harper Mowery Swift Hasay Mrkonic Taddonio this to come to the floor for a vote. Hayes, Ir., S. Murphy Taylor, E. Z. The SPEAKER. The Chair recognizes the majority whip. Cole Hclfrick Nahill Taylor, F. Mr. S. E. HAYES. The lady is right, she did circulate her Cornell Hoeffel Novak Telek Coslett Honaman Noye Thomas amendments, but the majority leader is also correct when Cowell Hutchinson, A. O'Brien, B. F. Trello he said a caucus has not been held on those amendments. DeMedio Hutchinson, W. O'Donndl Vroon The SPEAKER. The Chair recognizes the lady, Mrs. Dcweese lrvis Oliver Wachob DiCarlo Itkin Perzel Warga George. Davies Johnson, E. G. Peterson Wass Mrs. GEORGE. Mr. Speaker, when does the majority Dawida Johnson, 1. 1. Petrarca Wenger party expect to caucus on this, please? Dietz Jones Phillips White Dininni Kanuck Piccola Wilson The SPEAKER. The lady, Mrs. George, would like an Dombrowski Klineaman Pistella Wilt indication from the majority leader on when can she expect Donatucci, R. Knepper Pitts Wright, D. R. the Republicans will caucus on her amendments. Dorr Knight Polite Wright. Jr., 3 Duffy Kolter Pott Yahner Mr. RYAN. I would think sometime around the 28th or Durham Kowalyshyn Pratt Yohn 29th. which is when we come back. FCC Kukovich Pucciarelli Zeller Mrs. GEORGE. Okay. Fischer Lashinger Punt Zitterman Fisher Laughlin Pyles Zwikl Mr. RYAN. I frankly, Mr. Speaker, did not have it on Foster. W. W. Lchr Rasco the list. We circulated a list to the respective leaderships Foster, Jr., A. Lescovitz Rieger Seltzer. with some 20 or 30 bills on it. It is not that we are ignoring Freind Letterman Ritter Speaker the problems represented by your amendments, but we just NAYS-0 did not get to them. NOT VOTING-18 Austin Earley Pievsky Schweder STATEMENT BY MRS. GEORGE &lOff Gallagher Reed Shadding Berson Mclntyre Rhodes sweet The SPEAKER. Without objection, the Chair will recog- Cunningham Mullen Richardson Williams nize the lady, Mrs. George, for a brief statement, under the Dumas Musto rule of unanimous consent. The lady may proceed. EXCUSED-7 Mrs. GEORGE. Mr. Speaker, this is an extremely impor- Barber Hayes. D. S. Rappaport Zord tant issue confronting school districts at the present time. DeVerttr O'Brien, D. M. Wtidner There was a court case not too long ago which has mand- The majority required by the Constitution having voted ated that school districts put into place programs which in the affirmative, the question was determined in the affir- may well take affect this summer, which can cost this mative. Commonwealth hundreds of millions of dollars. I do ask that the majority party take a Look at this and the impli- 1980 LEGISLATIVE JOURNAL-HOUSE 907 cations of this whole court order so that we can clarify Mr. GALLEN. Mr. Speaker, this legislation really more things for school districts, for intermediate units, for the directly affects your legislative district than any other. A Department of Education, for this legislature and for the considerable amount of work was done on this legislation; budget-. ~rocess which is ahead of us. Thank you. all the appraisals have been done. The Department of General Services has given its stamp of approval for this The House proceeded to third consideration of HB 2203. legislation. Do you feel that the hill should he held? PN 2803, entitled: Mr. LETTERMAN. Well, Mr. Speaker, I have tried An Act amending Title 75 (Vehicles) of the Pennsylvania never to say that 1 would not hold a bill for a person. I Consolidated Statutes, further providing for the licensing of hate to hold this bill. I think that it is needed for progress certain drivers. to be made over the summer and I was honine. - to see this On the question, building probably under construction this summer, but 1 Will the House agree to the bill on third consideration? would not go against one of my colleagues and not give him the opportunity to hold a bill. I really hate to do it, BILL TABLED but I will go along with him on it. I should not do it. The SPEAKER. The Chair recognizes the gentleman, Mr. The SPEAKER. The Chair recognizes the majority Gallen. leader, Mr. Ryan. Mr. GALLEN. 1 would now like to interrogate Mr. Mr. RYAN. Mr. Speaker, I move that HB 2203 be laid Wachoh. on the table. The SPEAKER. Will the gentleman, Mr. Wachob, permit On the question, himself to be interrogated? The gentleman indicated that he Will the House agree to the motion? will, and Mr. Gallen may proceed. Motion was agreed to. Mr. GALLEN. Mr. Speaker, I would like to know specif- The House proceeded to third consideration of SB 841, ically why now we should hold this legislation which has PN 1671. entitled: had some urgency to it. 1 have gotten a lot of requests, not only from the sponsors of the legislation in the Senate, but An Act authorizing and directing the Department of General Services. with the a~~rovalof the DeDartment of Justice and from Other members here. the l over nor, to cokey to the counties of Centre, Clearfield, / Mr. WACHOB. Yes, Mr. Speaker, I would agree with Clinton. Huntinedon and Mifflin. 4 acres of land, more or mv colleaeue- from Centre. Mr. Letterman. concerning less, situate in Benner Township, Centre County, Common- pdssihly the urgency, at leait as far as his perspective is wealth of Pennsylvania. concerned, but I do not think that that urgency is going to On the question, be taken up in the next 2 weeks. I am fully informed and I Will the House agree to the bill on third consideration? would like to inform you that 1 would be prepared to vote ~h~ SPEAKER, ~h~ chair recognizes the gentleman and debate the bill on the first legislative session. I have from Elk, Mr. Wachob. done work on this bill for the last 5 or 6 months. I did not M~,WACHOB, I would like to request [hat [his hill he even know that it was going to he called up until I went to held over until our next legislative day. he hill has only Caucus. I have not had the time to prepare all my notes as heen on the calendar for 2 days. I have heen doing a lot of far as the philosophical background and the immense cost work on the total proposa1,which is the construction of a that it is going to cost the taxpayers both in state dollars new juvenile detention facility in [he ~~~~~~~~~l~h,I had and also local tax dollars in that area. I just do not think not seen until just about 5 or 10 minutes ago the report Over the next 2 weeks my problems will be worked out. I from state Local G~~~~~~~~~ committee on the will have my debate prepared. 1 do not believe construction appraisal in compliance with rule 32, lt does affect my will start within the next 2 weeks. Should it be the desire of counties and my district in my area and 1 would respectfully the full House to Pass this hill, I would imagine that the request the members to honor my proposal to hold [he hill construction would he started just as soon as it would he over until our next legislative day. Thank you, Mr. had we passed this Speaker. Mr. GALLEN. Mr. Speaker, Mr. Letterman seems to The s~~~~E~,The chair recognizes the gentleman have no objection to holding the hill. The hill also affects from Berks, Mr. Gallen. Clearfield, Clinton, Huntingdon and Mifflin Counties. I am M~,GALLEN. M~,speaker, I do not have any strenuous not going to try to steamroll the hill over the objection of a objections to holding a hill, hut all the information is in member of the House, hut I think the reasons for holding it Mr. Wachob's hands. right now are somewhat flimsy. The bill has been around a I would like to interrogate Mr. Letterman. long time. I will not object to holding the bill, but it is ~h~ SPEAKER, will [he gentleman from centre,M~, conceivable that someone who represents some of those Letterman, permit himself to be interrogated? counties may do so. Mr. LETTERMAN. Yes. SB 841 PASSED OVER The SPEAKER. The gentleman indicates that he will and The SPEAKER, The Chair recognizes the gentleman Mr. Gallen may proceed. from Lehigh, Mr. Ritter. 908 LEGISLATIVE JOURNAL-HOUSE APRIL 9,

Mr. RITTER. Mr. Speaker, the bill has not been around Dombrowski Kowalyshyn Polite Wright, D. R. or may have been around for a long time, but it came on Kukovich Pott Wright. Jr., J. Dorr Lashinger Pratt Yahner this calendar yesterday. It is on the calendar the second ouffy Laughlin Pucciarelli Yohn day. If there was any degree of urgency, I want to point Durham Lehr Punt Zeller out to the chairman, that this bill has been in committee Lescovitz Pyles Zitterman :rcher Letterman R~SCO Zwikl since October 10 of last year. Mr. Wacbob has asked, now ~i~h~~Levi Reed that the bill came out on the calendar yesterday, that we Foster, W. W. Levin Rieger Seltzer, hold it until we come back. I do not think that is an i:i"., A. Lewis Ritter Speaker unreasonable request. NAYS-0 If it is in order, Mr. Speaker, I move that we pass SB 841 over. NOT VOTING-I7 The SPEAKER. Without objection, SB 841 will be ~~l~ff Gray Mclntyre Schweder passed over. Coslett Greenfield Must0 Shadding Cunningham Hutchinson. W. Rhodes Street Dumas Knepper Richardson Williams WELCOME Earley EXCUSED-7 The SPEAKER. The Chair welcomes to the balcony a group of students from the Ada Lewis Middle School of Barber Hayes. D. S. Rappaport Zord Philadelphia, Pennsylvania, and their chaperone, Mr. Steve DeVerter O'Brien, D. M. Weidner Bailey, who are here today as the guests of Messrs. White The question was determined in the affirmative, and the and Richardson. resolution was concurred in. Ordered, That the clerk inform the Senate accordingly. RESOLUTIONS ADOPTED Mr. ZELLER called up HR 154, PN 3154, entitled: Mr. RYAN called up SR 223, entitled: House urge Pennsylvania Congressional delegation request the Federal Reserve to lower interest rates. Memorializing President and Congress oppose taxation of social security benefits. On the question, On the question, Will the House adopt the resolution? Will the House concur in the resolution of the Senate? The SPEAKER. The Chair recognizes the gentleman The following roll call was recorded: from Lehigh, Mr. Zeller. Mr. ZELLER. I introduced HR 154, but, Mr. Speaker, I YEAS-179 am a realist and I understand when and how a resolution or Alden Fryer Livengood ~ocks a bill has to receive favorable votes. Therefore, I am not Anderson Gallagher Lynch. E. R. Rodgers going to request to revert back to the prior printer's Armstrong Gallen McCall Ryan Arty Gamble McClatchy Salvatore number because I want this resolution to go through. Austin Gannan McKelvey Scheaffer Let me, if I may, make a point on that and continue. Belardi Gatski McMonaglc Schmitt because, as I say, I am not going to ask to revert back. Bennett Geesey McVerry Scrafini Berson Geist Mackowski Seventy 1 introduced HR 154 in November of last year at a time Bittle George, C. Madigan Shupnik when Illinois and other states introduced the same resolu- Borski George, M. H. Maiale Sieminski tion; 1 understand seven. Illinois was one that passed it Bowser Giammarco Manderino Sirianni Brandt Gladsk Manmiller Smith. E. H. exactly the way 1 have it and not the way it is amended. Brown Goebel Michlovic Smith. L. E. They passed it unanimously in the Senate and the House by Burd Goodman Micouie Spencer two Democrats, Senator Daley from Chicago, and I do not Burns Grabowski Milanovich Spitr Caltagirone Grieco Miller Stairs know the name of the House member, but he also was Cappabianca Oruppo Moehlmann Steighner from Chicago. Cessar Hagarty Mowery Stewart Now this is a question-and I do not say this to be Chess Halvcrson Mrkonic Stuban Cimini Harper Mullen Sweet facetious or rude, but it is a question-whose side you are Civera Hasay Murphy Swift on. I would like to mention, since I am not going to revert Clark. B. D. Hayes, Jr., S. Nahill Taddonio back, to that, in effect, the resolution will be effective, I Clark. M. R. Helirick Novak Taylor, E. Z. Cochran Hoeffel Noye Taylor. F. know, even though it may look like a cream puff going into Cohen Honaman O'Brien, B. F. Telek a ring where it should have a good, hard knock. Someone Cole Hutchinson. A. O'Donnell Thomas made a statement. Let me read it to you. Mr. Volcker, Cornell lrvis Oliver Trello Cowell ltkin Perzel Vraon Chairman of the Board of the Federal Reserve had stated DeMedio Johnson, E. G. Peterson Wachob last fall before the Congressional Joint Economic DcWeese Johnson, J. I. Petrarca Wargo Committee, and I can give you his quote exactly: "The DiCarlo Jones Phillips Wass Davies Kanuck Piccola Wenger standard of living of the average American has to Dawida Klingaman Picvsky White decline ...." Dietz Knight Pistella Wilson Dininni Kolter Pitts Wilt 1980 LEGISLATIVE JOURNAL-HOUSE 909

Now, we just passed a resolution before in regard to for letting the amendment out, and also I feel that we are social security. I did not hear anybody jumping up and on the right track by taking some of the harsh words out gnashing their teeth or anything like that against the Presi- and I hope and pray that you will vote for this resolution. dent of the United States or any of the Congress, and that (Members proceeded to vote.) is all Democrats, the majority. They did not say a word. 0, the question recurring, But I heard gnashing of teeth in regard to this resolution, will the House adopt the resolution? and this resolution deals with your home, your place to live. If you do not have a dwelling to live in, you do not VOTE STRICKEN have anything, because that is the basis of human dignity, The SPEAKER. The Chief Clerk has indicated that there to own your property. That is what people seem to be was a malfunction in the last roll call. The clerk will strike fighting for today. But there happens to be a group that the vote, and the resolution will he voted a second time. does not see it this way, because they say we would be The question before the House is the adoption of HR slapping our President right between the eyes. I do not 154. think so for this reason. I could read to you the official The Chair recognizes the minority leader. proceedings of the Democratic National Convention, page Mr. IRVIS. Mr. Speaker, I do not proclaim myself as an 272, dealing with interest rates on homes, and they state economic wizard. I had difficulty in the undergraduate they want them lowered. Why do they want them lowered? years in understanding the terms of the professors of Because they say people should have a home to live in. economics under whom 1 studied. 1 have difficulty now as In 1978, there were 2 million homes built and sold. In an adult reconciling the conflicting economic theories which 1979, as this interest rate kept going up, 1.4 million. This 1 hear from all economists. It may be that I speak from the year, they estimate lower than 1 million. Now if you call depths of my ignorance, which is probably deeper than the this-and those who may want to talk against this-if you ignorance of anybody else serving in this House, but never- call this helping American people get a home, I would like theless it does appear to me that no economist knows to know what it is. So it is up to you, the question of exactly what is wrong with the economy of this country nor whether you are going to be on Mr. Volcker's side and you the economy of this world, and that every learned econo- are going to play politics and say, I do not want to hurt the mist has his own opinion, which is in direct conflict with President of the United States, and you are not, or it is a the opinions of other learned economists. question that you are going to be with the people. And I am concerned, however, Mr. Speaker, that we are when you have industry such as it is today, not building in getting involved on a state level with what is essentially a construction because of high interest rates and because the Federal problem, and I am concerned that we are recom- homes are not moving-people cannot get a home-then mending to the Pennsylvania Congressional delegation by the economy of this country keeps going down. this resolution that it take a particular economic stance. I What Mr. Volcker-and I will make it a final point- am convinced that to do so would be folly, and I am stated that they were trying to get OPEC money because of convinced that we have done in the past some very foolish higher interest rates and they could get a good return on things in recommending them to the congressional delega- their money, and they get some of the foreign money in tions. I point out to you that some of us-and I include here for construction. It did not work. Giscard d'Estaing myself on this vote-voted to recommend to our congres- from France, Schmidt from Germany, and other countries sional delegation that we have a balanced budget on the heat them to it. They gave them a better offer. Now that is Federal level. Then we said, however, do not cut our state- not a slap in the face to our President; it is the fact that Federal funds, which we share. That recommendation, our President wanted lower interest rates and the big-money which I thought was foolish when we made it, angered a people gave it to the President. And that is what happened. number of the people in Congress, not only from Penn- The boys playing the big games, the money games. And do sylvania but from the other states, who are now saying to not let anybody tell me here that this is going to slap the us, very well, if you want us to balance the Federal budget, President in the face. What you are going to do, you are we shall do so. And we may well do so by cutting out the going to be helping the American people. revenue-sharing funds which you people in the states have I am not reverting back. 1 ask you that as it is, it will be enjoyed. a message that will let us tell Congress; that by the way, let I do not think that we ought to simply pass resolutions me tell you this. One congressman already took the bull by assuming that they will be foolish and ignored. This resolu- the horns, a congressman in my own district, Congressman tion, in my opinion, flies in the face of national policy Don Ritter, who happened to be a Republican, and he took which has been enumerated by the President of the United the bull by the horns and he met with the home builders States. I am not sure he knows more about it than we do, and he is letting Mr. Volcker know they want lower interest but I am certain that it is a Federal problem, and it is not rates. They already took their step. All we are doing is our state problem, and I suggest that we stay out of it. I backing them up. It is a question of whose side you are on. am going to vote in the negative and I suggest that you do So I thank you very much and I hope for a positive vote likewise. Thank you, Mr. Speaker. on HR 154 as amended. I thank Mr. Piccola, I really do, LEGISLATIVE J( APRIL 9,

The SPEAKER. The Chair recognizes the gentleman to me that if we take a position in which we are requesting from Lehigh, Mr. Zeller. the Federal officials to take a certain position on interest Mr. ZELLER. Mr. Speaker, if all resolutions were given rates, we will have our own position compromised and it the same treatment, I could wholeheartedly agree with my will be extremely difficult for us to be consistent in this leader. My leader says that we shall not go against national matter when we have problems before us that we in fact policy. I would say then they should read-those who can do something about. For that reason I am going to vote would want to go against it-what national policy was set against this resolution, and I would ask others to do like- up at the Democratic National Convention in 1976, made wise, in order that we might have an open and objective by people in this very room, no doubt. So who are we mind to deal with some of these important issues that will second-class citizens who make a resolution asking for come before this legislature that this legislature can do lower interest rates on housing and then turn around and something about. Thank you, Mr. Speaker. allow the big-money people to play ball with world politics The SPEAKER. The Chair recognizes the gentleman and say, that is all right; that is okay now; just go against from Dauphin, Mr. Piccola. the resolution that we endorsed, go against that, and let Mr. PICCOLA. The previous speaker and the remarks of them play games? the minority leader to the contrary notwithstanding, this I think that it would be wise if somebody would read resolution is relatively innocuous and merely states what the what I said about Mr. Volcker. Who set Mr. Volcker up as effect of the interest-rate policy has been in Pennsylvania God to tell you and me and our people that we must and respectfully requests that in light of those circumstances decline in our way of living? that a reevaluation take place. Some of the very people-our good floor leader on my The key words of the resolution are on line 14 of page 2. side-have fought to get them better conditions and better It is not asking that any policy be stated by the Congress, homes and better wages. 1 cannot believe that he would say nor are we stating a policy. We are just stating an effect this: I just cannot believe this. It bothers me that he would and asking that in light of those effects that the policy be go against a simple resolution now-not the one that I reevaluated and considered in light of those factual circum- endorsed-a simple one that all it asks is that the Federal stances. I would urge the adoption of the resolution. Reserve Board take another look at their interest-rate poli- The SPEAKER. The Chair recognizes the gentleman cies. Is that not a shame? I cannot believe it. from Berks, Mr. Davies. So all I would say, rather than belabor the House, is this, Mr. DAVIES. Mr. Speaker, would the gentleman, Mr. although I do not like to go against our minority leader, I Zeller, stand for one question of interrogation? would say, let us go with the people. Let us go with the The SPEAKER. The gentleman indicates that he will. people of the United States in no different resolution than Mr. Davies may proceed. the one we voted on just before, and I cannot understand Mr. DAVIES. Mr. Speaker, what was the nature of the why they got involved in this one then if what my leader former printer's number that you had been making refer- says is true. I cannot see why they got involved in opposing ence to that you at this time are not going to ask the House taxation of social security benefits. What right do we have to address? I did not quite understand that portion of it. In to get involved in that then? Should we not let them decide other words, what was the essence of that prior printer's all the policies? Is that not great? Oh, no. It is about time number? the state starts standing up. We have state's rights and it is Mr. ZELLER. The thrust of the feelings to change to about time that we stari telling our congressional delega- amend it came about-and I would agree after much tion, whom we sent to Washington, where the bear took a consultation with Mr. Piccola and Mr. Ryan, as well as Mr. walk in the buckwheat. Let them know what we want them Hayes, and along with several members of my side of the to do. I think it is about time we quit playing politics and aisle-that probably we were a little harsh with Mr. Volcker saying that a resolution is going to hurt our President when who is chairman of the Federal Reserve Board in stating the big-money people can play around and hurt everybody. that if the congressional delegation could succeed in getting So I think it is time that we knock it off and let us vote this to President Carter and requesting Volcker to tender his very simple resolution and let us send a message to Wash- resignation if he did not act in accordance to our request. ington like we have on every other resolution. Thank you. Well, that may be a little harsh, and that was really the The SPEAKER. The Chair recognizes the gentleman thrust of if, and I think that Mr. Piccola will agree. That is from Clarion, Mr. Wright. the reason why they took it out. So that is what the whole Mr. D. R. WRIGHT. I have one thing in common with thing was about. But Illinois passed it in the exact same the minority leader and that is that I have a vast reservoir manner. I have it. So if that is the wish of the House, I am of ignorance on the Federal Reserve policy and the willing to go along with the majority. Thank you. economy policy of this country. But I do know this, I know Mr. DAVIES. Mr. Speaker, I thank you. that this House in the next several weeks is going to be Mr. Speaker, I would just like to make a brief statement. dealing with a number, I suspect, of interest bills. There are The SPEAKER. The gentleman, Mr. Davies, is in order a number of people who are asking this General Assembly and may proceed. to increase interest rates for one area or another. It seems

LEGISLATIVE JOURNAL-HOUSE APRIL 9,

NOT VOTING-15 ment will decline by $4.7 billion. According to the Amer- ican Gas Association, there will be an increase in foreign oil Beloff Knight Rhodes Street Cunningham Micovie Richardson Sweet payments of at least $1 billion, and the steel industry alone Dumas Mullen Schweder Williams will have to increase its gas bill by $1.1 billion. The effect Earley Must0 Shadding on the glass industry is even more severe. According to a EXCUSED-7 natural gas utility company in Westmoreland County, the Barber Hayes, D. S. Rappaport Zord cost to one glass plant alone will go from currently DeVerter O'Brien. D. M. Weidner $3,800,000 a year to $7,448,000 a year. It will double their The question was determined in the affirmative, and the natural gas bills annually. resolution was adopted. Now, from a parochial standpoint, from how this affects me in the 56th legislative district which I represent, it will Mr. KUKOVICH called up HR 219, PN 3159, entitled: probably wipe out a glass plant that was just put on its House memorialize Congress to support legislation to nullify feet, thanks to a loan from PIDA - Pennsylvania Industrial the current Federal Energy Regulatory Commission's pricing Development Authority - and probably by the end of the proposal for natural gas. year wipe out four more glass plants. It will devastate that On the question, community. Will the House adopt the resolution? Now, I think Congress has made a mistake with The SPEAKER. The Chair recognizes the gentleman deregulation. Again I think it is anticonsumer, but by from Westmoreland, Mr. Kukovich. taking this step against industry to try to sell deregulation Mr. KUKOVICH. Mr. Speaker, I think it is important and ease the blow on the consumer, we are going to hurt that the rationale behind this resolution and what the reso- everyone even more. For those reasons, I would ask you to lution does be explained. I do not want the members voting vote to support this resolution. blindly. On the question recurring, I would like to preface my explanation of the resolution Will the House adopt the resolution? by saying that this is the first time I have ever been the The following roll call was recorded: primary sponsor of a resolution. For the most part, 1 feel that these resolutions memorializing Congress are a waste YEAS-154 of time, that they have little or no effect, and the reason I Alden Foster, Jr., A. Laughlin Reed have done this today is out of a sense of frustration. And Anderson Freind Lehr Rieger Arty Gallagher Lescovitz Ritter what I am attempting to do is trying to have the members Austin Gallen Levi Rocks of this House in effect lobby our Congress to make a Belardi Gamble Livengood Rodgers change, which I think is important. Bennett Gannon Lynch, E. R. Ryan Bersan Gatski McCall Salvatore Now, to explain the resolution further or what led up to Bittlc Geesey Mclntyre Schmitt it. As you know, the Congress voted for the deregulation of Borski Geist McKelvey Serafini natural gas. It was a hotly contested issue. 1 personally feel Bowser George, C. McMonagle Seventy Brandt George, M. H. McVerry Sieminski that deregulation was the wrong way to go. I view that Brown Giammarco Mackowski Sirianni move as anticonsumer; however, we have been stuck with Burd Goebel Madigan Smith. E. H. it. As a trade-off for that deregulation, they allowed the Burns Goodman Manmiller Smith, L. E. Caltagirone Grabowski Michlovic Steighner Federal Energy Regulatory Commission to enter into an Cappabianca Gray Milanovich Stewart incremental pricing system and phase in certain aspects of Cessar Greenfield Miller Stuban the deregulation of natural gas to ease the burden on the Chess Grieeo Mrkonic Sweet Cimini Gruppo Mullen Swift residential consumer. Very soon we will be entering into Civcra Hagarty Murphy Taddonio phase 2 of that deregulation process, and phase 2 is going Clark. B. D. Halverson Nahill Taylor. E. 2. to put an inordinate blow on industry, the purpose again Clark, M. R. Harper Novak Taylor. F. Cochran Hasay Noye Telek being to try to ease the blow on residential consumers. But Cohen Hayes, Jr., S. O'Brien, B. F. Thomas I think they went a little overboard whenever they made Cole Helfrick Oliver Trello this compromise to gain deregulation, and they are putting Coslett Honaman Perzcl Vroon DeMedio Hutchinson, A. Peterson Wachob a burden on industry, particularly the steel industry and the DeWeese Hutchinson. W. Petrarca Wass glass industry, which is going to cause a ripple effect not Davies lrvis Phillips Wenger only locally but across the country. Dawida Johnson, E. G. Piccola White Dietz Johnson, 1. I. Pievsky Wilson I have some figures that I would like to give you to show Dininni Jones Pistella Wright, D. R. the seriousness of the impact. According to Wharton Econ- Dombrowski Kanuck Pitts Wright, Jr.. J. ometric Forecasting, which operates the University of Penn- Dorr Klingaman Pott Yahner Duffy Knepper Pratt Yohn sylvania, by this phase going into effect, half-a-percentage- Durham Knight Pucciarelli Zcller point increase will be added to the inflation rate; approxi- Fee Kolter Punt Zitterman mately 600,000 jobs will be lost; the gross national product Fischer Kowalyshyn Pyles Zwikl Fisher Kukovich of this country will decline by $22 billion; private invest- 1980 LEGISLATIVE JOURNAL-HOUSE 913

William Telek and Kenneth Halverson, and adopted by the House of Representatives on the 7th day of April 1980. Amstrong Hoeffel Manderino Spitz Cornell ltkin Moehlmann Stairs H. Jack Seltzer, Speaker Cowell Lashinger Mowery Wilt ATTEST: DiCarlo Letterman O'Donnell Charles F. Mebus, Chief Clerk Foster, W. W. Levin Polite Seltzer, On the question, Fryer Lewis Scheaffer Spaker Oladeck McClatchy Spencer Will the House adopt the resolution? NOT VOTING-I7 The SPEAKER. The question is on the adoption of the resolution. Those in favor will rise and remain standing as a Beloff Maiale Rhodes Shupnik Cunningham Micozzie Richardson Street mark of respect. Donatucci. R. Musto Schweder Wargo (Members stood.) Dumas Rasco Shadding Williams Earlev The SPEAKER. The resolution is unanimously adopted. WELCOME Barber Hayes, D. S. Rappaport Zord DeVerter O'Brien, D. M. Weidner The SPEAKER. The Chair welcomes to the balcony 49 The question was determined in the affirmative, and the members of the Kennett Area Senior Center and their resolution was adopted. director, Carol Wendel, who are here as the guests of the gentleman from Chester, Mr. Pitts. CONDOLENCE RESOLUTION ADOPTED REMARKS ON VOTE The SPEAKER. The Chair recognizes the gentleman from Somerset, Mr. Halverson. The SPEAKER. The Chair recognizes the gentleman Mr. HALVERSON. Mr. Speaker, I offer a condolence from Allegheny, Mr. Michlovic. resolution on a former member. Mr. MICHLOVIC. Mr. Speaker, I was out of my seat on The SPEAKER. The clerk will read the resolution. the earlier vote on SB 625. I would like to be recorded in The following resolution was read: the affirmative, please. The SPEAKER. The gentleman's remarks will be spread HOUSE OF REPRESENTATIVES HARRISBURG, PA. upon the record. OFFICE OF THE CHIEF CLERK RESOLUTION ANNOUNCEMENT BY SPEAKER WHEREAS, J. lrving Whalley, former Congressman and The SPEAKER. The Chair would like to make a brief businessman of Windber, passed away recently at the age of announcement before we go into the amendments to SB 86. seventy-seven; and WHEREAS, Mr. Whalley served two terms each in the State Pursuant to House rule 1, the Chair appoints the House and Senate and seven terms in the United States gentleman from York, Mr. Anderson, Speaker pro tempore Congress. He was a member of the Windber School Board for for the period beginning Friday, April 11, 1980, through twelve years. In addition he was the operator of a Ford dealer- Sunday, April 27, 1980. ship in Windber for fifty-one years. He was actively involved in church, community activities, athletics and public service. He was president of the Citizens National Bank for forty years BILL ON THIRD CONSIDERATION and involved as a coal operator for forty-three years. In appre- I ciation of flood control, redevelopment, new post office, new The House proceeded to third consideration of SB 86, telephone building and community building, the borough PN 1442, entitled: council named a downtown section of Windher "Whalley Plaza;" and An Act amending the act of April 12, 1951 (P. L. 90, No. WHEREAS, Mr. Whalley was active in Boy Scouting up 21). entitled "Liquor Code," authorizing licensed clubs until his death. He held the Silver Beaver Award and has had composed of volunteer firemen to serve persons who are active members of any volunteer fire fighting group in this Common- an Eagle Scout Class named after him. He established a fund to purchase kits for new Eagle Scouts. He was active in the wealth. operation of the Windber Volunteer Fire Company, Windber On the question, Library Association and a member of the Johnstown College- Will the House agree to the hill on third consideration? University of Pittsburgh Advisory Board; now therefore be it RESOLVED, That the House of Representatives of the Mr. FREIND offered the following amendments: Commonwealth of Pennsylvania pauses in its deliberations to Amend Title, page 1, line 16, by inserting after "laws,"" mourn the passing of this dedicated and noble citizen and requiring the affixing of official seals to liquor and alcohol extends heartfelt condolences to his family and associates; and packages and providing penalties and he it further Amend Bill, page 1, by inserting between lines 21 and 22 RESOLVED, That a copy of this resolution be delivered to Section 1. Section 102, act of April 12, 1951 (P.L.90, the family of J. Irving Whalley, 1309 Park Avenue, Windber, No.21). known as the "Liquor Code," is amended by adding a Pennsylvania. definition to read: We hereby certify that this is an exact copy of a resolution Section 102. Definitions.-The following words or introduced in the House of Representatives by the Honorable phrases, unless the context clearly indicates otherwise, shall have the meanings ascribed to them in this section: LEGISLATIVE JOURNAL-HOUSE APRIL 9,

1 liquor not exceeding one aallon in volume unon which s Stm

~ ~~ ~.- Section 2. Subsection (f) of section 208 and subsection (d) territory and was allowed to bring it into. the United States. of section 305, of the act amended October 11, 1972 (P.L.906, Neither shall the provisions contained herein prohibit nor make No.215), are amended to read: it unlawful for (i) any member of the armed forces on active Section 208. Specific Subjects on Which Board May duty, or (ii) any retired member of the armed forces, or (iii) Adopt Regulations.-Subject to the provisions of this act and any totally disabled veteran, or (iv) the spouse of any person without limiting the general power conferred by the preceding included in the foregoing classes of persons to import into section, the board may make regulations regarding: Pennsylvania, transport or have in his possession an amount of liquor not exceeding one gallon per month in volume upon (f) The sealing and labeling of liquor and alcohol sold which the State tax has not been paid, so long as such liquor under this act and of liquor and alcohol lawfully acquired by has been lawfully purchased from a package store established any person prior to January first, one thousand nine hundred and maintained under the authority of the United States and is thirty-four. This section shall not be construed to authorize the in containers identified in accordance with regulations issued board to require that packages containing wine have affixed by the Department of Defense. Such liquor shall not be thereto the official seal of the board. possessed, offered for sale or sold on any licensed premises. None of the provisions herein contained shall prohibit nor Section 305. Sales by Pennsylvania Liquor Stores.-* * shall it be unlawful for any consul general, consul or other (d) No liquor or alcohol, except wine, shall be sold to any diplomatic officer of a foreign government to import into purchaser except in a package bearing the official seal of the Pennsylvania, transport or have in his possession liquor upon board required by this act and no package shall be opened on which a State tax has not been paid, if it can he shown to the the premises of a Pennsylvania Liquor Store. No manager or satisfaction of the board that such person acquired the liquor other employe of the board employed in a Pennsylvania Liquor in a foreign country and was allowed to bring it into the Store shall allow any liquor or alcohol to be consumed on the United States. Such liquor shall not be possessed, offered for store premises, nor shall any person consume any liquor or sale or sold on any licensed premises. alcohol on such premises. Any person violating the provisions of this clause for a first * * * offense involving the possession or trans~ortation in Penn- Amend Sec. 1, page I, line 22, by striking out "I." and sylvania of any Ibuor in a package (bottle or other receptacle) inserting 3. which does not bear the official seal of the board or wine not Amend Sec. 1, page 1, lines 22 and 23, by striking out ", purchased from a Pennsylvania Liquor Store or from a act of April 12, 1951 (P. L. 90, No. 21). known as the "Liquor licensed limited winery in Pennsylvania, with respect to which Code,"" and inserting of the act, satisfactory proof is produced that the required Federal tax has Amend Sec. 2, page 4, line 26, by striking out "2." and been paid and which was purchased, procured or acquired inserting 4. legally outside of Pennsylvania shall upon conviction thereof in Amend Bill, page 5, by inserting between lines 5 and 6 a summary proceeding be sentenced to pay a fine of twenty- Section 5. Clauses (2) and (4) of section 491 of the act, five dollars ($25) for each such package, plus costs of prose- clause (2) amended October 2, 1974 (P.L.665, No.220) and cution, or undergo imprisonment for a term not exceeding October 10, 1974 (P.L.692, No.231) and clause (4) amended ninety (90) days. Each full quart or major fraction thereof October 11, 1972 (P.L.906, No.215) are amended, and the shall be considered a separate package (bottle or other section is amended by adding a clause to read: receptacle) for the purposes of this clause. Such packages of Section 491. Unlawful Acts Relative to Liquor, Alcohol liquor shall be forfeited to the Commonwealth in the manner and Liquor Licensees.- prescribed in Article VI of this act but the vehicle, boat, vessel, It shall be unlawful- animal or aircraft used in the illegal transportation of such .** packages shall not be subject to forfeiture: Provided, however, (2) Possession or Transportation of Liquor or Alcohol. That if it is a second or subsequent offense or if it is estab- For any person, except a manufacturer or the board or the lished that the illegal possession or transportation was in holder of a sacramental wine license or of an importer's connection with a commercial transaction, then the other license, to possess or transport any liquor or alcohol within this provisions of this act providing for prosecution as a Commonwealth which was not lawfully acquired prior to misdemeanor and for the forfeiture of the vehicle, boat, vessel, January first, one thousand nine hundred and thirty-four, or animal or aircraft shall apply. has not been purchased from a Pennsylvania Liquor Store or a * * licensed limited winery in Pennsylvania, except miniatures (4) IPossession and Use of Decanters] Liquor Packages totalling less than one gallon purchased by a collector of the Without Official Seal. For any person [to use decanters of same in another state or foreign country, or in accordance with alcoholic beverages except that the] , except a manufacturer or the board's regulations. The burden shall be upon the person the board or the holder of an importer's license, to have or possessing or transporting such liquor or alcohol to prove that keep any liquor, except wine, within the Commonwealth unless it was so acquired. But nothing herein contained shall prohibit the package (except the decanter or other receptacle containin the manufacture or possession of wine by any person in his liquor for immediate consumption) in which the liquor home for consumption of himself, his family and guests and contained while containing that liquor bears the official seal of not for sale, not exceeding, during any one calendar year, two the board as originally affixed in accordance with the provi- hundred gallons, any other law to the contrary notwith- sions of this act or the regulations of the board. The use of standing. Such wine shall not be manufactured, possessed, decanters or other similar receptacles by licensees shall be offered for sale or sold on any licensed premises. permitted onJ in the case of wines and then only in accord- None of the provisions herein contained shall prohibit nor ance with the regulations of the board, but nothing herein shall it be unlawful for any person to import into Penn- contained shall prohibit the manufacture and possession of sylvania, transport or have in his possession, an amount of wine as provided in clause (2) of this section. LEGISLATIVE JOURNAL-HOUSE

.. * confiscate the liquor, because there is no way of knowing 15) Unlawful Activities Relative to Official Seal. For any without that personal eye contact whether or not this liquor er:on to have, keep, use, utter, barter, buy, sell, traffic in. was purchased in the Commonwealth of Pennsylvania. ianufacture or make any official seal of the board or facsimile or re roduction thereof, unless authorized so to do b the As I say, the Liquor Control Board strongly supports the provi~onsof this act or by the regulations or [he eipressamendment, as does the Retail Clerks Union of the state consent of the hoard. stores. I think it is a good amendment, and I would appre- Amend Bill. vane 5. line 6. bv striking Out all of said line . . . - ciate~~~~~. vour,--- --rr----sunnort. and inserting Section 6. This act shall take effect as follows: (1) ~h~ SPEAKER, ~h~ chair recognizes the gentleman The amendments to sections 406 (a) and 442 shall take effect from Bucks, Wright. immediately. (2) The remaining provisions shall take effect in 90 davs. Mr. J. L. WRIGHT. Mr. Speaker, may I interrogate Mr. Freind? On the question, The SPEAKER. The gentleman, Mr. Freind, indicates he Will the House agree to the amendments? will stand for interrogation. The gentleman, Mr. Wright, The SPEAKER. The Chair recognizes the gentleman may proceed. from Delaware, Mr. Freind. Mr. J. L. WRIGHT. Do I understand correctly that this Mr. FREIND. This amendment is identical to HB 272. It amendment will make it easier for the liquor control people is also identical to an amendment which I introduced to HB to apprehend our constituents who live along the New 2230 during the last term and which passed this House by a Jersey border, who live along the Maryland border, and vote of approximately 160 to 20. occasionally cross the state line and buy a bottle of liquor? What this amendment would do would be reinstate the Mr. FREIND. This will make it easier to apprehend any state seals on liquor bottles sold in the Commonwealth of individuals, whether they are Pennsylvania constituents or Pennsylvania. From 1950 to 1972 the law required that others, who purchase liquor in another state and bring it every bottle of liquor sold in Pennsylvania had to carry a into the Commonwealth of Pennsylvania. Basically you state seal. In 1972, the legislature passed Act 215 which have two types of major offenders. The one type, of removed this requirement. The problem with removing the course, is those individuals who live near the borders who requirement of the state seal is it has virtually crippled our frequently go in and purchase at large bulk a large amount law-enforcement efforts to apprehend those individuals who of liquor in another state and bring it back to Penn- smuggle liquor into the Commonwealth of Pennsylvania, sylvania. In addition, what you have is organized combines resulting in a loss of tax dollars each year in the millions. and organized crime which are purchasing in even greater This amendment is strongly supported by the Pan- bulk, bringing this in, and not selling to individuals hut in sylvania Liquor Control Board and also by the State Store fact selling to bar owners and other organizations untaxed Retail Clerks Union. liquor in the State of Pennsylvania. It would make it easier The argument that this requirement will increase the cost to apprehend both. of liquor in Pennsylvania is absolutely incorrect. The reason I should remind you, Mr. Speaker, that this is costing tax why the liquor manufacturers 8 years ago lobbied very hard dollars to all of our constituents in Pennsylvania, whether to remove the state seal requirement and why they oppose or not they live on the border or in the middle part of the this amendment is because the requirement of placing state state. seals on the bottles for Pennsylvania is an expense which Mr. J. L. WRIGHT. Thank you. they have to eat and which they cannot pass along to the The SPEAKER. The Chair recognizes the gentleman consumers in Pennsylvania because of Federal affirmation from Fayette, Mr. Taylor. laws which require that all liquor sold in the United States Mr. TAYLOR. Mr. Speaker, I rise to support this be sold at the same price. For them to pass this cost along amendment. I think that what has happened over a period to the consumer, they would have to divide that cost of years is that the insignificant little cost of about 15 cents throughout the entire United States and not just the for putting the stamp on the bottle has cost us somewhere Commonwealth of Pennsylvania. in the neighborhood of $30 million a year that is lost to the Presently 13 other states have the state seal requirement. coffers of Pennsylvania in the form of tax dollars and other In addition, I think it is extremely important to remember things. As far as the enforcement, this will help the enforce- that Pennsylvania is the largest purchaser of liquor in the ment agency of the Liquor Control Board to better keep United States because it is the largest control state. Because track of what goes on in illegal whiskey in Pennsylvania. It of that and because we are such a good customer, the is a big business, and, therefore, I think that we ought to manufacturers may complain a little bit, but if this amend- all support the amendment and get the stamp back on the ment is passed, they will quickly comply with the require- bottle so that our enforcement agency may do a better job. ment and will make sure that the seals are on the bottles. The SPEAKER. The Chair recognizes the gentleman The problem right now is that unless liquor control agents from Allegheny, Mr. Fisher. watch someone physically purchase liquor in another state Mr. D. M. FISHER. Mr. Speaker, will the gentleman and then surveil them all the way into Pennsylvania without from Delaware, Mr. Freind, consent to interrogation? losing visual contact, they cannot make an arrest and LEGISLATIVE JOURNAL-HOUSE APRIL 9,

The SPEAKER. The gentleman indicates that he will to putting them on by hand or automation. Most generally stand for interrogation. Mr. Fisher may proceed. the old system was done by hand; they put these on by Mr. D. M. FISHER. Mr. Speaker, I tried to follow the hand. So you would have an increased cost in labor, and argument you made in support of your amendment, and I they did not know exactly, but the old cost used to be missed one aspect of it. Are you saying that at the present somewhere around 5 cents or 6 cents per bottle. And as Mr. time under present conditions because of the affirmation Freind has said, this will not really cost the consumers of law, if we place the requirement for the stamp back on the Pennsylvania any money, because if they would try to do bottle, the cost will be passed on to the consumer? that, they would have to increase the cost throughout the Mr. FREIND. No. I am saying it will not be passed on to United States. Now, what this stamp will do is help the consumer for this reason: We are the largest purchaser enforcement and help get back roughly $30 millions that are of booze in the United States, and we do not get any break lost in Pennsylvania in liquor sales, and this is what we in buying it because of the Federal affirmation laws, which really want. So I think that even if, even if the manufac- state that the manufacturers cannot sell at a cheaper price turer could be and would be successful in getting that cost to one customer as opposed to another, so we do not get a put back in Pennsylvania, I daresay that the trade-off is break. Because of that same reason, if they are going to well worth it. pass the cost along, the additional cost of placing on the Mr. D. M. FISHER. Thank you, Mr. Speaker. seals, they cannot pass it along to Pennsylvania; they have May I make a short statement? to increase the cost throughout the entire United States, and The SPEAKER. The gentleman, Mr. Fisher, is in order if in fact they do that and increase the cost and, you know, and may proceed. divide it throughout the entire United States, the increased Mr. D. M. FISHER. I understand basically what the cost will be totally minimal, if at all. gentleman, Mr. Freind, the sponsor of the amendment, and Mr. D. M. FISHER. Mr. Speaker, do you have any esti- Mr. Taylor are saying as to the practice that apparently mate as to what this seal requirement will cost for Penn- liquor is being brought in from out of state not only by sylvania consumers? private purchasers but by licensed establishments Mr. FREIND. The estimates I have are that it will cost throughout the Commonwealth, and this is a great problem nothing for the reason 1 just stated, because of the affirma- for our enforcement agents in trying to determine where the tion laws, which in this one case happen to be working for origin of the bottle is. But I think the basic underlying us. problem is something that we are not going to solve by Mr. D. M. FISHER. But, Mr. Speaker, have you not putting stamps back on bottles. indicated because of the affirmation law that the cost for The reason that people are going out of state to buy their all purchasers throughout the country will be increased? liquor rather than buying the liquor in Pennsylvania under Mr. FREIND. No. What I said was this: If the manufac- the existing system is because the liquor is cheaper in other turers make the decision to increase the cost, they are going states, and I do not see that by making liquor more expen- to have to increase it to every one of their customers. Now, sive everywhere else we are going to solve the basic in hearings before the Liquor Control Board, they have problem. As 1 see the basic problem, the basic problem is admitted that they placed the seals on in seven other states our system, our state store system, and I think that is what and have not increased the cost of liquor because of that, we should be looking at. For these reasons I think it is a but their argument was, but if you do it we are going to piecemeal approach to try to attack the problem as it exists, increase the cost. That is a hollow threat. They are not and I would urge the rejection of the Freind amendment. going to increase the cost when their best customer does it Thank you. as opposed to other individuals. They have admitted that The SPEAKER. The Chair recognizes the gentleman for the other states where they have placed on the seal, they from York, Mr. Lehr. have not increased the cost of the product. Mr. LEHR. Mr. Speaker, I, too, support this amend- Mr. D. M. FISHER. One other question, Mr. Speaker, if ment. The law enforcement people of the LCB support this. you can. Would you be able to give us an estimate, based They claim it will stop the bootlegging coming into our on what the manufacturers have told you, of just exactly state, so I hope that everyone in this House could support what the cost of the seals would be whether it is passed on Mr. Freind's amendment. Thank you. or it is not passed on? The SPEAKER. The Chair recognizes the gentleman Mr. TAYLOR. Maybe I can help you out if you would from Erie, Mr. Cappabianca. like. Mr. CAPPABIANCA. Mr. Speaker, may I ask Mr. The SPEAKER. For the record, the gentleman from Freind or Mr. Taylor a question, please? Fayette, Mr. Taylor, indicates that he would like to respond The SPEAKER. The gentleman, Mr. Freind, indicates he to the question. Will the gentleman, Mr. Freind, yield? The will stand for interrogation. Mr. Cappabianca may proceed. Chair recognizes Mr. Taylor. Mr. CAPPABIANCA. Mr. Speaker, how would this Mr. TAYLOR. We had them come in and testify before particular amendment affect a tourist who would go to the our committee, and the cost estimates ranged from a vari- islands - St. Thomas, for example - and bring back liquor? ance of 6 cents to 15 cents, depending on if they went back LEGISLATIVE JOURNAL-HOUSE

Mr. FREIND. It would not affect it at all. There is Donatucci, R. Knight Pratt Yohn Federal legislation that when you go to such places as St. Dorr Kolter Puceiarelli Zellcr Durham Kowalyshyn Punt Zitterman Thomas, you are allowed X number of bottles of liquor. Earley Kukovich Pyles Zwikl That would not affect it at all. because Federal legislation- Fee Laughlin Rasco has priority. Fischer ~eh; Reed Seltzer, Foster, Ir., A. Lescovitz Rieger Speaker Mr. CAPPABIANCA. What I am getting at is, one of NAYS-I7 our liquor enforcement agents perhaps being at the airport could not stop him and say there is no Pennsylvania tag or Burd Gladtck Lewis Pott Burns Hagarty McVerry Taddonio tax on it? Duffy Knepper Mowery Wilson The SPEAKER. The gentleman from Fayette, Mr. Fisher Lashinger Nahill Wright, Ir., I. Tavlor.. . indicates he would like to res~ondto the auestion. Foster, W. W. Mr. Freind will yield. NOT VOTING-13 Mr. FREIND. Excuse me for a minute. No; the law itself Beloff Mieozzie Richardson Shadding is not being changed; the proof is being changed, the proof Cunningham Musto Scheaffer Street that is required. When you come in from an airport and Dumas Rhodes Schweder Williams McClatchy you are checked out, there is an indication that it is from St. Thomas and it is duty-free. You are allowed to do it. It EXCUSED-7 is not a problem there, and the Federal law is pretty specific Barber Hayes, D. S. Rappaport Zord on that. DeVerter O'Brien. D. M. Weidner Mr. CAPPABIANCA. Very good. The question was determined in the affirmative, and the The SPEAKER. The Chair recognizes the gentleman amendments were agreed- to. from Berks, Mr. Gallen. On the question, Mr. GALLEN. Mr. Speaker, in response to Mr. Fisher's Will the House agree to the bill as amended on third I think Mr. Taylor said that the cost of these question, consideration? stamps would be 6 cents to 15 cents or something like that. Mr. ALDEN offered the following amendments: It is my best information that the cost would be just 2 cents a bottle, and I support the amendment, Mr. Speaker. Amend Title, page I, line 19, by removing the period after "Commonwealth" and inserting and further providing for the On the question recurring, number of licenses in certain municipalities. Will the House agree to the amendments? Amend Bill, page 5, by inserting between lines 5 and 6 Section 3. Subsection (a) of section 461 the act, amended The following roll call was recorded: June 1, 1978 (P.L.451, No.56), is amended to read: YEAS-166 Section 461. Limiting Number of Retail Licenses To Be Issued In Each Municipality.-(a) No licenses shall hereafter Alden Freind Letterman Ritter be granted by the board for the retail sale of malt or brewed Anderson Fryer Levi Rocks beverages or the retail sale of liquor and malt or brewed bever- Armstrong Gallagher Levin Rodgers ages in excess of one of such licenses of any class for each two Arty Gallen Livengood Ryan thousand inhabitants in any municipality or part of a munici- Austin Gamble Lynch, E. R. Salvatore Belardi Cannon McCall Schmitt pality where such municipality is split so that each part thereof Bennett Gatski Melntyre Serafini is separated by another municipality, exclusive of licenses Berson Geesey McKelvey Seventy granted to airport restaurants, municipal golf courses, hotels Bittle Geist McMonagle Shupnik and incorporated units of national veterans' organizations, as Borski George, C. Mackowski Sieminski defined in this section, and clubs; but at least one such license Bowser George, M. H. Madigan Sirianni may be granted in each municipality and in each part of a Brandt Giammarco Maiale Smith, E. H. municipality where such municipality is split so that each part Brown Goebel Manderino Smith, L. E. thereof is separated by another municipality, except in munici- Caltagirone Goodman Manmiller Spencer palities where the electors have voted against the granting of Cappabianca Grabowski Michlovic Spitz Cessar Gray Milanovich Stairs any rctail licenses andcept in that part of a split municipality Chess Greenfield Miller Steighner where the electors have voted against the granting of any re~ail Cimini Grieco Moehlmann Stewart licenses. Nothina contained in this section shall bc construed as Civera Gruppo Mrkonic Stuban denyins the rig& to the board to renew or to transfer existing Clark, B. D. Halverson Mullen Sweet retail licenses of any class notwithstandine- that the number of Clark, M. R. Harper Murphy Swift such licensed places in a municipality or part of a split munici- Cochran Hasay Novak Taylor, E. 2. pality shall exceed the limitation hereinbefore ~rescribed: but Cohen Hayes, Ir., S. Noye Taylor, F. where such number exceeds the limitation prescribed b; this Cole Helfrick O'Brien, B. F. Telek section, no new license, except for hotels, municipal golf Cornell Hoeffel O'Dannell Thomas Coslett Honaman Oliver Trello courses, airport restaurants and incorporated units of national Cowell Hutehinson, A. Perzel Vroon veterans' organizations, as defined in this section, shall be DeMedio Hutehinson, W. Peterson Wachob granted so long as said limitation is exceeded. De Weese lrvis Petrarca Wargo *I* DiCarlo ltkin Phillips Wass Section 4. Section 472 of the act, amended June 28, 1957 Davies Johnson, E. G. Piccola Wenger (P.L.419, No.231), is amended to read: Dawida Johnson, I. I. Picvsky White Section 472. Local Option.-In any municipality 3 Dictz Joncs Pistella Wilt part of a municipality where such municipality is split so that Dininni Kanuck Pitls Wright. D. R. Dombrowski Klingaman Polite Yahner LEGISLATIVE JOURNAL-HOUSE APRIL 9, each part thereof is separated by another municipality, an elec- hotels, restaurants and clubs, or malt and brewed beverage tion may be held on the date of the primary election immedi- retail dispenser licenses or wholesale distributor's and ately preceding any municipal election, but not oftener than importing distributor's license for the sale of malt or brewed once in four years, to determine the will of the electors with beverages shall be granted by the board, or the board may respect to the granting of liquor licenses to hotels, restaurants establish, operate and maintain Pennsylvania liquor stores, as and clubs, not oftener than once in four years, with respect to the case may he, in such municipality or part of a split munici- the granting of licenses to retail dispensers of malt and brewed w,as provided by this act; but if a majority of the electors beverages, not oftener than once in four years with respect to voting on any such question vote "no," then the board shall granting of licenses to wholesale distributors and importing have no power to grant or to renew upon their expiration any distributors, or not more than once in four years with respect licenses of the class so voted upon in such municipality to the establishment, operation and maintenance by the board of a split municipality; or if the negative vote is on the ques- of Pennsylvania liquor stores, within the limits of such munici- tion in respect to the establishment, operation and maintenance pality or part of a split municipality, under the provisions of of Pennsylvania liquor stores, the board shall not open and this act: Provided, however, Where an election shall have been Operate a Pennsylvania liquor store in such municipality or held at the primary preceding a municipal election in any year, part of a split municipality, nor continue to operate a then another election may be held under the provisions of this act at existi,ng Penn~~lvanialiquor store in the municipality or part of the primary occurring the fourth year after such prior election: a split munlctpallty for more than two years thereafter or after And provided further, That an election on the question of the expiration of the term of the lease on the premises occupied establishing and operating a State liquor store shall be initiated by Such store, whichever period is less, unless and until at a only in those municipalities, or that part of a split municipality later election a majority of the voting electors vote "yes" on that shall have voted against the granting of liquor licenses; such question. and that an election on the question of granting wholesale Amend Sec. 3, page 5, line 6, by striking out "3." and distributor and imnortinn- distributor licenses shall be initiated inserting 5. only in those municipalities or parts of split municipalittes that On the question, shall have a1 a ~reviouselection voted against the arantina of dispenser's licenges. Whenever electors equal to at l&st twenty- Will the House agree to the amendments? five per centum of the highest vote cast for any office in the The SPEAKER. The Chair recognizes the gentleman municipality or part of a split municipality at the last preceding from Delaware, Mr. Alden. general election shall file a petition with the county board of elections of the county for a referendum on the question of Mr. ALDEN. Mr. Speaker, this is amendment No. granting any of said classes of licenses or the establishment of A5209, which is listed as Mr. Micozzie's amendment. Pennsylvania liquor stores, the said county board of elections Mr. Speaker, this is an amendment that Mr. Micozzie has shall cause a question to be placed on the ballots or on the introduced on several other occasions and the House has voting machine board and submitted at the primary immedi- supported. ately preceding the municipal election. Separate petitions must he filed for each question to be voted on. Said proceedings Basically, Mr. Micozzie lives in what they call a split shall be in the manner and subject to the provisions of the elec- municipality. Upper Darby Township in Delaware County tion laws which relate to the signing, filing and adjudication of has Dart of the towns hi^ surrounded bv other townshios..~~. so~- nomination petitions, insofar as such provisions are applicable. it is segregated from the other parts of Upper Darby Town- When the question is in respect to the granting of liquor ship. What Mr. Micozzie's amendment basically does is give licenses, it shall be in the following form: --nn ,--flvnl the.... ti^^ -.nf linllnr ...-.....lirpnrpc a local option to that split municipality of whether or not for the sale of liouor in ...... Yes / they want to have retail liquor establishments in the split of ...... ? No municipality When the question is in respect to the granting of licenses to retail dispensers of malt ahd brewed beverages, it shall be in On the question recurring, the following form: Will the House agree to the amendments? Do you favor the granting of malt and brewed The following roll call was recorded: beverage retail dispenser licenses for consumption on premises where sold in the ...... Yes YEAS-178 of ...... ? No When the question is in respect to the granting of licenses Alden Foster, Ir., A. Lelterman Ritter Anderson Freind Levi Rocks to wholesale distributors of malt or brewed beverages and Armstrong Fryer Levin Rodgers importing distributors, it shall be in the following form: Arty Gallagher Lewis Ryan Do you favor the granting of malt and brewed Austin Gallen Livengood Salvatore beverage wholesale distributor's and importing Belardi Gamble Lynch, E. R Scheaffer distributor's licenses not for consumption on Bennett Gannon McCall Schmitt premises where sold in the ...... Yes Berson Gatski McClatchy Serafini of ...... ? No Bittle Geesey Mclntyre Seventy When the question is in respect to the establishment, opera- Borski Geist McKelvey Shupnik tion and maintenance of Pennsylvania liquor stores it shall be Bowser George, C. McMonagle Sieminski in the following form: Brandt George. M. H. McVerry Sirianni Brown Giammareo Mackowski Smith, E. H. Do you favor the establishment, operation Burd Gladeck Madigan Smith, L. E. and maintenance of Pennsylvania liquor Burns Goebel Maiale Spencer stores in the ...... Yes Caltagirone Goodman Manderino Spitz of ...... ? No Cappabianca Gray Manmiller Stairs In case of a tie vote, the status quo shall obtain. If a Cessar Greenfield Miehlovic Steighner majority of the voting electors on any such question vote Chess Grieco Milanovich Stewart "yes," then liquor licenses shall be granted by the board to Cimini Gruppo Moehlmann Stuban Civera Hagarty Mowery Sweet

LEGISLATIVE JOURNAL-HOUSE APRIL 9,

On the question, Mr. ZITTERMAN. Mr. Speaker, will your amendment Will the House agree to the amendments? allow hotels and taverns and church societies to sell these The SPEAKER. The Chair recognizes the gentleman games of chance? Mr. CAPPABIANCA. It would not. It would only allow from Erie, Mr. Cappabianca. Mr. CAPPABIANCA. This is amendment A5801. private clubs, the clubs that are licensed, volunteer fire Basically what it does, Mr. Speaker, is it will permit private departments that have a private club license. Mr. ZITTERMAN. Would it create regulations for the clubs the right to small games of chance. It would allow them a punchboard, tip tickets, 50-50's and so forth. It sale of these chance boards or tabs to clubs? does not give them the right to bingo, slot machines, games Mr. CAPPABIANCA. I do not understand the question. Mr. ZITTERMAN. In other words, would the state of dice, or roulette. What it would do for the clubs, at least supervise the sale and tax the sale of these? in my area and I think throughout Pennsylvania, is it would Mr. CAPPABIANCA. Yes; it would. give them an infusion of some new money which they badly Mr. ZITTERMAN. Is there a provision in your amend- need to stay alive today. ment, sir? The city of Erie was a very prosperous club town at one Mr. CAPPABIANCA. Yes; there is. There is a fee of time. The moneys used from the clubs were used to help $100 for regulating it and so forth. out various charities; it was used to hire bartenders; it was Mr. ZITTERMAN. Thank you, Mr. Speaker. used to hire various people. This money would definitely Mr. Speaker, 1 think, as the gentleman prior indicated, help out the clubs, definitely give an infusion into the that HB 264 is in the making, and HB 264 does have regu- economy, and I would like support for this amendment. lations that allow church societies, civic groups, little The SPEAKER. The Chair recognizes the gentleman from Fayette, Mr. Taylor. leagues, and a number of other organizations to sell these types of things, and it will be regulated by the Common- Mr. TAYLOR. I hate to rise in disagreement with my wealth. 1 would like to oppose this until HB 264 comes out good colleague, but I think what we are going to do here is on the floor. that we are going to open up in Pennsylvania the possibility The SPEAKER. The Chair recognizes the gentleman of having the infusion and the direction of illegal gambling from Philadelphia, Mr. O'Donnell. started in our clubs. We in Pennsylvania have fought for Mr. O'DONNELL. Mr. Speaker, I would like to urge the many years just to try to get bingo legalized, and if I read defeat of this amendment. I think that the discussion that this amendment right, we are going to now talk about putting small games of chance in clubs, such as tip boards, has taken place has not really focused on two parts of the amendment that warrant your attention. One is the word punchboards, and all these types of things which, let me tell "club" and the other is the words "games of chance." The you, Mr. Speaker, are the very source of revenue that the discussion of tab boards and that kind of business may be racketeers and rackets of this country get their money from. included, and licensed clubs may well be included also, but If we are going to now legalize it, we are going to foist the definitions are so broad that the effect of this amend- upon Pennsylvania something that we do not want to have. ment would be that gambling would be legalized in Penn- We ought to be cracking down on illegal rackets and illegal games of chance. This is just another way for them to get sylvania except for bingo and slot machines, which is prob- ably the exact opposite of what we ought to be doing. more money, because they are the ones who have these documents printed. They have the printing companies that Although people are using the word "club," the defini- make these things, and I think that we would be doing a tion of "club" in the amendment is any "...nonprofit group of individuals associated together for legitimate bad service, a disservice, to the people of Pennsylvania if we ever legalize these kinds of things in clubs throughout purposes of mutual benefits, entertainment, fellowship, our Commonwealth. Thank you very much. I think we pleasure, recreation or lawful convenience ...." In other words, any group of people who get together in the State of ought to soundly defeat this amendment. The SPEAKER. The Chair recognizes the gentleman Pennsylvania could conduct gambling legally under this. from York, Mr. Lehr. The word "club" is defined that way in this amendment, so Mr. LEHR. I, too, oppose this amendment. We have a when you are talking about clubs and discussing this, you are talking about anybody. You are not talking about the HB 264 which would address this problem, and 1 hope that we could all oppose this amendment at this time. Thank VFW or the firemen or whatever. You are talking about any group that gets together, period, that is nonprofit. you. " The SPEAKER. The Chair recognizes the gentleman 'Games of chance' shall mean any game ...at which from Lackawanna, Mr. Zitterman. money or other valuable thing may or shall be played for That is a crap game; that is a poker game. I think I Mr. ZITTERMAN. Mr. Speaker, will the gentleman, Mr. ...." just lost the argument; I should not have said that. This Cappabianca, stand for interrogation? The SPEAKER. The gentleman, Mr. Cappabianca, amendment legalizes gambling in Pennsylvania. I think it indicates that he will stand for interrogation. Mr. Zitterman would be a mistake. The SPEAKER. The Chair recognizes the gentleman may proceed. from Erie, Mr. Cappabianca. LEGISLATIVE JOURNAL-HOUSE

Mr. CAPPABIANCA. Mr. Speaker, in defense of this the whole way, and I hope you bring HB 264 out so we can poor amendment, let me just add to the previous speaker do it just that way. Thank you. that the amendment eliminates any games of dice, any card The SPEAKER. The Chair recognizes the gentleman games, any roulette, any bingo, and slot machines also. It from Philadelphia, Mr. O'Donnell. eliminates that. And I might point out that there is a defini- Mr. O'DONNELL. Mr. Speaker, I want to apologize to tion in the Liquor Code between a private club and one the gentleman and to the House. When I heard the debate, who simply has a charter. To have a private club license, I went down to get a copy of the amendment, and the copy you have to be recognized by the Liquor Control Board that I came back with was amendment A5372, which must agency. You and I cannot form a club and get a license have been circulated at an earlier time. So the definitions unless it is approved by the Liquor Control Board, first of that caused me that concern were on this printer's number, all. I mean, you are going farfetched with this example of which leads me to the second question, which is, would you telling me why you do not want to see gambling in Penn- give me 1 minute to go back there and try and find the sylvania when we already have it in the form of the right amendment? And I apologize. numbers, when we have it in the form of horserace tracks, The SPEAKER. The Chair recognizes the gentleman when we have it in the form of bingo right now, which is from Philadelphia, Mr. O'Donnell. illegal. All I am trying to do is legalize it. Every club in the Mr. O'DONNELL. I would like to interrogate Mr. State of Pennsylvania today is illegal because they have Cappabianca. what is known as number games going now through stamp The SPEAKER. The gentleman indicates that he will machines and so forth. What are you handing me? stand for interrogation. And may I answer? HB 264 - bring it out of committee Mr. O'DONNELL. I am reading this as I go, Mr. and I will withdraw the amendment. It is that simple. Speaker, and I appreciate your patience. The SPEAKER. The Chair recognizes the gentleman As to the definition of "cluh" in A5801, the discussion from Centre, Mr. Letterman. has been that a club has been a licensed private cluh under Mr. LETTERMAN. I would like to question Mr. the Liquor Code. That has been the discussion. The print Cappabianca. on here is not very good, but it says, "...shall mean a The SPEAKER. The gentleman, Mr. Cappabianca, nonprofit corporation, association, society, organization, indicates that he will stand for interrogation. Mr. charitable institution or other nonprofit group of individ- Letterman may proceed. uals associated together for legitimate purposes, ..." et Mr. LETTERMAN. Do I understand that your amend- cetera, et cetera, which appears to be the same definition of ment would not include a Moose, an Elks? "club" that was in A5372. Is that the correct definition of Mr. CAPPABIANCA. It would include a Moose or an "club"? Elks. It is a private club. Mr. CAPPABIANCA. I do not really know, but my Mr. LETTERMAN. Okay. Then you go along and you intent was simply that a club was an organization that had explain something else. What did you say it knocks out as a charter and at the same time was recognized by the far as games of chance? Liquor Control Board. It had to be both, a chartered orga- Mr. CAPPABIANCA. I do not follow the question. nization with a cluh license. Mr. LETTERMAN. Under your amendment what all Mr. O'DONNELL. Am 1 correct that there is no require- would be included under games of chance? ment in the definition of "club" that it have a club license Mr. CAPPABIANCA. Such things as a tip board, a fish- under the Liquor Code? howl, a 50-50. It would eliminate any card games, any Mr. CAPPABIANCA. I would assume it would have to roulette, any bingo, any games of dice. I have tried to make have a club license under the Liquor Code. it so palatable, but you are finding more excuses than I can Mr. O'DONNELL. It would? come up with. Mr. CAPPABIANCA. Right. Mr. LETTERMAN. Thank you. Mr. O'DONNELL. I wonder if you could point that out Mr. Speaker, I would like to make a statement. to me in the amendment, because it is not in there that I The SPEAKER. The Chair recognizes Mr. Letterman. He can find. Do you have a copy? may proceed. Mr. CAPPABIANCA. Yes, but 1 cannot read it either. It Mr. LETTERMAN. I am all for gambling in Penn- would be the same definition of "cluh" that is being held sylvania, but you just ruined your whole amendment and under the Liquor Code today. just ruined everything for me. I cannot vote for that. You Mr. O'DONNELL. Would you find that for me? just knocked everything out that 1 like to do. Mr. CAPPABIANCA. I do not have it, Mr. Speaker. I think it is definitely time that we do something about Mr. O'DONNELL. Okay. The definition section says: this and it is definitely here. We have got to face the idea " 'Club' shall mean a nonprofit corporation, association, of putting gambling into Pennsylvania, but when you bring society, organization, charitable institution or other out an amendment that you crucify all of us good little nonprofit group of individuals associated together for legiti- rollers here, there is just no sense in our having an amend- mate purposes of mutual benefits, entertainment, fellow- ment like that. If we are going to go, we are going to go ship, pleasure, recreation or lawful convenience having LEGISLATIVE JOURNAL-HOUSE APRIL 9, some primary interest to which the use of games of chance good amendment. 1 am still against it. I think it is a terrible shall be secondary and which regularly occupies ...a amendment. I do not think this is the way we enter into the clubhouse ...." There is no reference in that definition to world of gambling if Pennsylvania is headed that direction, the Liquor Code. There is no restriction. It is any group of as Our good friend, Mr. Letterman, would like it. But I people who get together. believe, at least to the extent that the question was raised Mr. CAPPABIANCA. You are reading more into it than on the definition, the restriction is to licensed clubs. I thought was there. The SPEAKER. The Chair recognizes the gentleman Mr. O'DONNELL. No; I read the exact words. I did not from Erie, Mr. Cappabianca. read anything else. Those were the exact words, but if you Mr. CAPPABIANCA. Mr. Speaker, I would like to can find someplace in there that restricts it to a Liquor thank Mr. Ryan for clarifying that for me, but I might Code club, we have got a different ball game. point out that we are already in the realm of gambling in Mr. CAPPABIANCA. Let me put it to you this way, the State of Pennsylvania, and the sooner we realize it, the Mr. Speaker: I do not want to withdraw the amendment; I better it is. There is illegal bingo going on; there is illegal want to put it up for a vote. gambling all around. And to tell me that the underworld or Mr. O'DONNELL. Pardon me? A vote? whoever is going to gain by this type of legislation is not Mr. CAPPABIANCA. You may be correct in what you thinking clearly. Let us face reality. People are gambling. I, are saying, but it is not the intent that I had, and I have no for one, do not gamble, believe it or not. My only vice is intentions of withdrawing this amendment unless they can women, Mr. Speaker, and I would love to see this amend- guarantee me on this side that HB 264 will come out of ment-. committee. So rather than have a copout-and I repeat again-if HB The SPEAKER. Has the gentleman, Mr. O'Donnell, 264 would be guaranteed to come out of committee, 1 completed his interrogation? would withdraw the amendment. But I will not withdraw Mr. O'DONNELL. I just have one more question, if I the amendment. The Club Association of Pennsylvania may. would like to see how all the members of the House of The SPEAKER. The gentleman may proceed. Representatives are going to vote on this bill. Mr. O'DONNELL. I am sorry to use so much time with The SPEAKER. The question recurs, will the House this, but you said that roulette would not be included as a agree to the amendment? The high rollers will vote "aye," game of chance? and the Holy Rollers will vote "no." Mr. CAPPABIANCA. What? I did not hear you. On the question recurring, Mr. O'DONNELL. Did you say roulette would not be will the H~~~~agree to the amendments? included- The following roll call was recorded: Mr. CAPPABIANCA. It would not he. It would not be. Mr. O'DONNELL. All right. It says that " 'Games of YEAS-29 chance' shall mean any game or device at which money or B~~~~~~ Fee Kanuck Pott other valuable thing may or shall be played for or staked or Caltagirone Fisher Knight Pratt bet upon, but shall not include: 'slot machines,' Cappabianca George, C. Kukovich Serafini ...... Clark, B. D. Gladeck Lashinger Shupnik 'bingo,' ...roulette." I am sorry; it was in there. So cards, ~~~~,ji~Grabowski Letterman Stewart roulette, dice, and slots are out; everything else is in. DeWeese Halverson Milanovich Sweet Mr. CAPPABIANCA. Right. DiCarlo Hasay Novak Wachob Dombrowski Mr. O'DONNELL. Everything. NAYS-152 Mr. CAPPABIANCA. Right. Mr. O'DONNELL. Wheels? Alden Gallen McKelvey Ryan Anderson Gamble McMonagle Salvatore Mr. CAPPABIANCA. Right. Armstrong Cannon McVerry Scheaffcr Mr. O'DONNELL. The works. Arty Gatski Mackowski Schmitt Mr. CAPPABIANCA. Riaht. Austin Geesey Madigan Seventy Belardi Geist Maiale Sieminski Mr. O'DONNELL. hank you. Berson George, M. H. Manderino Sirianni The SPEAKER. The Chair recognizes the majority 6ittle Giammarco Manmiller Smith, E. H. -leader^ - -- - - . I Borski Goebel Michlovic Smith, L. E Bowser Goodman Miller Spencer Mr. RYAN. Mr. Speaker, I do not know whether I am Brandt Gray Moehlmann Spitz reading. from the same amendment Mr. O'Donnell is B~~~~ Greenfield Mowerv~~, Stairs reading from, although it is numbered A- Burd Grino Mrkonic Steighner Burns Gruppo Mullen Stuban The SPEAKER. The amendment is A5801. Cessar Hagarty Murphy Swift Mr. RYAN. Yes, well, the definition of "club" under the chess Harper Nahill Taddonio copy of A5801 I have has everything that Mr. O'Donnell Cimini Haycs. Ir., S. Noyc Taylor, E. Z said and adds "...and which is licensed as a 'club' under Helfrick O'Brien, B. F. Taylor, F. zi:c Hoeffel O'Donnell Telek this act," which 1 believe is the answer that Mr. cochran Honaman Oliver Thomas Cappabianca was trying to give. That does not make it a Cohen Hutchinson, A. Perzel Trello Cole lrvis Peterson VIOO" Itkin PeVarca Wargo LEGISLATIVE JOURNAL-HOUSE 923

Coslett Johnson, E. G. Phillips Wass Bowser George, M. H. Madigan Sieminski Cowell Johnson, J. J. Piccola Wenger Brandt Giammarco Maiale Sirianni Davies Jones Pievsky White Brown Gladeck Manderino Smith, E. H. Dawida Klingaman Pistella Wilson Burd Goebel Manmiller Smith, L. E. Dietz Kolter Pitts Wilt Burns Goodman Michlovic Spencer Dininni Kowalyshyn Polite Wright, D. R. Caltagirane Grabowski Milanovich Spitz Donatucci, R. Laughlin Puceiarelli Wright, Jr.. J. Cappabianca Greenfield Miller Stairs Dorr Lehr Punt Yahner Cessar Grieco Moehlmann Steighner Duffy Levi Pyles Yohn Chess Gruppo Mowcry Stewart Durham Levin Rasco Zeller Cimini Hagarty Mrkonic Stuban Fischer Lewis Reed Zitterman Civera Halverson Mullen Swift Foster. W. W. Livengood Rieger Zwikl Clark, B. D. Harper Murphy Taddonio Foster, Jr., A. Lynch, E. R. Ritter Clark, M. R. Hasay Nahill Taylor, E. Z. Freind McCall Rocks Seltzer. Cochran Hayes, Jr., S. Novak Taylor, F. Fryer McClatchy Rodgers Soeaker Cohen Helfrick Noye Telek Gallagher Mclntyre Cole Hoeffel O'Brien, B. F. Thomas 1 cornell Hanaman O'Dannell Trello NOT VOTING-15 1 ~oslett Hutchinson. A. Oliver Vroon Beloff Hutchinson, W. Must0 Shadding cowell ~utchinson;W. Perzel Wachob DeMedio lrvis Peterson Wass Cunningham Knepper Rhades Street DeWeese ltkin Petrarca Wenger Dumas Lescovitz Richardson Williams Earley Micozrie Schweder DiCarlo Johnson, E. G. Phillips White Davies Johnson, J. 1. Piccola Wilson EXCUSED-7 Dawida Jones Pievsky Wilt Dietz Kanuck Pistella Wright, D. R. Barber Hayes, D. S. Rappaport Zord Dininni Klingaman Pitts Wright, Jr., J DeVerter O'Brien, D. M. Weidner Donatucci, R. Kne~per Polite Yahner Dorr night Pott Yohn The question was determined in the negative, and the Duffv Kolter Pratt Zeller amendments were not agreed to. Durham Kowalyshyn Puceiarelli Zitterman Fee Kukovich Punt Zwikl On the question recurring, Fischcr Lashinger Pyles Will the House agree to the bill as amended on third Fisher Laughlin Rasco Seltzer, consideration? Foster, W. W. Lehr Reed Speaker Foster, Jr., A. Letterman Mr. TAYLOR offered the following amendment: NAYS-? Amend Sec. 1 (Sec. 406). page 2, line 26, by inserting after "CLUB." For the purposes of this subsection, the term Dombrowski Shupnik Wargo "active member" shall not include a social member. NOT VOTING-21 On the question, Beloff Gray Micozrie Schweder Will the House agree to the amendment? Borski Lescovitz Must0 Shadding Cunningham Levin Rhodes Street The SPEAKER. The Chair recognizes the gentleman Dumas McIntyre Richardson Sweet from Fayette, Mr. Taylor. Earley McMonagle Rieger Williams Freind Mr. TAYLOR. The amendment that I offer to this bill EXCUSED-7 has been around so long that it is almost of voting age, and drinking age also. Barber Hayes. D. S. Rappaport Zord In SB 86 there was some description and some question DeVerter O'Brien, D. M. Weidner as to active member and what an active member would he. The question was determined in the affirmative, and the We felt in the committee and the consensus of the people amendment was agreed to. who discussed it was that we wanted to make sure that for the purpose of this subsection, the term "active member" REMARKS ON VOTES of a fire department shall not include a social member. That is exactly what it is, and 1 would ask for your support The SPEAKER. The Chair recognizes the gentleman on this amendment. It is an agreed-to amendment. Thank from Schuylkill, Mr. Hutchinson. you very much, Mr. Speaker. Mr. W. D. HUTCHINSON. Mr. Speaker, on the Cappahianca amendment, I was called to the telephone and On the question recurring, hence not recorded. I would like the record to show that I Will the House agree to the amendment? would have voted in the negative. Thank you, Mr. Speaker. The following roll call was recorded: The SPEAKER. The remarks of the gentleman will be YEAS-172 spread upon the record. The Chair recognizes the lady from Montgomery, Mrs. Alden Fryer Levi Ritter Lewis. Anderson Gallagher Lewis Rocks Armstrong Gallen Livengood Rodgers Mrs. LEWIS. Mr. Speaker, I was recorded in the nega- Arty Gamble Lynch, E. R. Ryan tive on HB 219. I would like to he recorded in the affirma- Austin Gannon McCall Salvatore tive. Belardi Gatski MeClatchy Seheaffer Bennett Geesey McKelvey Schmitt Berson Geist McVerry Serafini Bittle George, C. Mackowski Seventy 924 LEGISLATIVE JOURNAL-HOUSE APRIL 9,

The SPEAKER. The remarks of the lady will he spread counsel. I have consulted with various members of the upon the record. House Liquor Control Committee, who have approved-at least 1 am aware of none who have not approved-of the CONSIDERATION OF SB 86 CONTINUED amendment, and I would say to you that it does not expand -I should point this out-it does not expand the state On the question recurring, liquor quota. There are no new places to drink created by Will the House agree to the hill as amended On third this. All it says is that if you are a volunteer organization consideration? or nonprofit club, you can now sell liquor along with beer, Mr. KANUCK offered the following amendments: which you can do now, as long as it would be in a wet Amend Title, page 1, line 19, by removing the period after liquor area. "Commonwealth" and inserting and further providing for the One comment that I have received is that it might be exchange of certain club licenses. unfair to the profit clubs. Please keep in mind that the only Amend Bill, page 5, by inserting between lines 5 and 6 people who can drink at a private club are those who are Section 3. The act is amended by adding a section to read: Section 472.3. Exchange of Certain Licenses.-(a) anx members or at least a guest of a member. SO we are not municipality which has by referendum approved the granting creating competition; we are simply recognizing that people of malt and brewed beverage retail dispenser licenses and has do want to drink other than beer on occasion and we are also thereafter, in a subsequent referendum approved the allowing that to occur. I urge your support of this amend- granting of liquor licenses the board may issue to a club, as ment, defined in this act, a cluh liquor license in exchange for a club retail dispenser license. The SPEAKER. The Chair recognizes the gentleman (h) An applicant under this section shall surrender his cluh from Montgomery, Mr. Polite. retail dispenser license when the board approves the application Mr. POLITE. Mr. Speaker, I wonder if Mr. Kanuck for the club liquor license and the license fee for same has been would stand for interrogation, paid. The SPEAKER. The gentleman indicates that he will. c) The applicant for such exchange of licenses shall file an kpplication for a club liquor license and shall post a notice Mr. Polite proceed. of such application in the manner provided in section 403(g). Mr. POLITE. Mr. Speaker, do you know how many In determining whether the exchange shall be granted the board licensees this would affect in the county of Montgomery? shall have the same discretion as provided in section 404 in the MI, KANUCK, ln ~~~t~~~~~~ county? case of any new license. Mr. POLITE. Yes, sir. Amend Sec. 3, page 5, line 6, by striking out "3." and inserting 4. Mr. KANUCK. If you would just hold on 1 second, I have a list of every one of the 106 in front of me. On the question. There are seven, Mr. Speaker. Will the House agree to the amendments? Mr. POLITE. Thank you, Mr. Speaker. The SPEAKER. The Chair recognizes the gentleman The SPEAKER. The Chair recognizes the minority whip. from Lehigh, Mr. Kanuck. Mr. MANDERINO. Mr. Speaker, when this amendment Mr. KANUCK. The amendment which I am offering was originally offered, as Mr. Kanuck indicated, it included would allow nonprofit clubs which presently hold beer-only all licenses that bad only the capability of serving beer licenses to convert to regular liquor licenses at their option. legally, and at that time 1 spoke against the amendment. They would, of course, have to pay a higher fee for these The information that Mr. Kanuck gave as to the number of liquor licenses as well as meet all other state licensing licenses there were, 799 is the information that I have requirements. Furthermore, only those nonprofit cluhs in obtained. The number of nonprofit clubs does not differ wet liquor areas may exercise this option. substantially from what he gave, as I understand the According to the Pennsylvania Liquor Control Board, number. I have a number of 114 in 106 different municipal- there are 106 of these licensees, nonprofit clubs, across the ities-114 clubs in 106 different municipalities-so at the state which are eligible for conversion under this amend- most you are talking about one or one and a fraction in ment. You may recall that I ran a similar amendment a most of the municipalities. Out of the 114 licenses, 42 of month or two ago, and at that time I included profit estah- them belong to fire companies, 22 are religious and ethnic lishments. There were 799 of them. We are now reducing groups, 18 are social organizations, 14 are war veterans that to 106. The profit clubs are out of this amendment. At organizations, 13 are sportsman organizations, 4 are polit- that time, that seemed to be a major objection. ical organizations, and there is one other and I am not sure Most of these nonprofit clubs are volunteer fire compa- what it is. But I think that it is a reasonable amendment, nies, and, of course, the amendment is designed to aid these and the objection that I had originally to the amendment volunteer fire companies so that they may make some that included 799 different licenses, profit and nonprofit, I money, that the local municipalities and state government no longer have. Thank you, Mr. Speaker. will not have to support them as much, and at the same On the question recurring, time raise revenues for the state by way of liquor sales. Will the House agree to the amendments? This amendment was inspected by and met the approval of the Pennsylvania Liquor Control Board, its legal The call was LEGISLATIVE JOURNAL-HOUSE 925

YEAS-136 1 CONSIDERATION OF SB 86 CONTINUED Anderson Fryer Lehr Pyles On the question recurring, Austin Gallagher Lescoviu Raseo Belardi Gamble Letterman Reed Will the House agree to the bill as amended on third Bennett Gatski Levi Rieger consideration? Berson Geesey Levin Ritter Bill as amended was agreed to. Bittle George, C. Lewis Rocks Borski George, M. H. Lynch, E. R. Rodgers The SPEAKER. This bill has been considered on three Brown Giammarco MeCall Ryan different days and agreed to and is now on final passage. Burd Gladeck McClatchy Schmitt Burns Goebel Mclntyre Serafini The question is, shall the bill pass finally? Caltagirone Goodman McMonagle Seventy Agreeable to the provisions of the Constitution, the yeas Cappabianca Gray McVerry Shupnik and nays will now be taken. Cimini Greenfield Mackawski Sieminski Clark, B. D. Grieco Maiale Smith, E. H. YEAS-I52 Clark, M. R. Gruppo Manderino Steighner Cochran Hagarty Manmiller Stewart Alden Fisher Kowalyshyn Puceiarelli Cohen Halverson Michlovic Stuban Anderson Foster, Jr., A. Kukovich Punt Cole Harper Milanovich Sweet Arty Freind Lashinger Pyles Cornell Hasay Miller Taddonio Austin Fryer Lehr Rasco Coslett Helfrick Mrkonic Taylor, F. Belardi Gallagher Lescoviu Reed Cowell Honaman Mullen Telek Bennett Gallen Letterman Ricger DeMedio Hutchinson, A. Murphy Thomas Berson Gamble Lwin Ritter DeWeese Hutchinson, W. Nahill Trello Bittlc Gannon Lewis Rocks DiCarlo lrvis Novak Wachob Borski Gatski Livengood Rodgers Davies Johnson, 1. I. O'Brien, B. F. Wargo Bowser Geesey McCall Ryan Dawida Jones Oliver White Brown George. C. McClatchy Schmitt Dininni Kanuck Petrarca Wilson Burd George. M. H. McIntyre Serafini Dombrowski Klingaman Pievsky Wilt Burns Giammarco McKelvey Shupnik Donatucci, R. Kncpper Pistella Wright, Jr., 1, Caltagirone Gladeck McMonagle Sieminski Dorr Knight Polite Yahner Cappabianca Goebel McVerry Smith, E. H. Duffy Kolter Pott Y0h" Cessar Goodman Mackowski Spitr Fee Kowalyshyn Pratt Zeller Chess Grabowski Maiale Stairs Fisher Kukovich Pucciarelli Zitterman Cimini Gray Manderino Steighner Foster, Ir., A. Lashinger Punt Zwikl Civera Greenfield Manmiller Stewart NAYS-44 Clark, B. D. Grieco Michlovic Stuban Clark, M. R. Gmppo Milanovich Taddonio Alden Geist O'Donnell Spitz Cachran Hagarty Miller Taylor, E. Z. Armstrong Grabowski Perrel Stairs Cole Halverson Mowery Taylor. F. Arty Hayes, Jr.. S. Peterson Swift Cornell Harper Mrkonic Telek Bowser Hoeffel Phillips Taylor, E. Z. Coslett Hasay Mullen Thomas Cessar Johnson, E. G. Piceola Vroon Cowell Helfrick Murphy Wachob Civera Laughlin Pitts Wass DeMedio Hoeffel Nahill Wargo Dietz Livengood Salvatore Wenger DeWeese Hutchinson, A. Novak Wass Durham McKelvey Scheaffer Wright, D. R. DiCarlo Hutchinson, W. O'Donnell White Fischer Madigan Sirianni Davies lrvis Oliver Wilson Foster, W. W. Moehlmann Smith, L. E. Seltzer, Dawida ltkin Perrel Wilt Gallen Mowery Spencer Speaker Dininni Johnson, J. J. Petrarca Wright, D. R. Gannon Naye Dombrowski Jones Piccola Wright, Jr., J. Donatucci, R. Kanuck Pievsky Yahner NOT VOTING-16 Dorr Klinnaman Pistella Yohn- ~ ~~~~ Duffy Beloff Dumas Micozzie Schweder ~neiper Polite Zeller Durham Brandt Earley Musto Shadding Knight Pott Zitterman Fee Chess Freind Rhodes Street Kolter Pratt Zwikl Cunningham Itkin Richardson Williams NAYS-26 EXCUSED-7 Armstrong Hanaman Peterson Spencer Brandt Barber Hayes. D. S. Rappaport Zord Johnson, E. G. Phillips Swift DeVerter O'Brien, D. M. Weidner Dietz Laughlin Pitts Vroon Fischer Levi Salvatore Wenger The question was determined in the affirmative, and the Foster, W. W. Madigan Scheaffer Geist Mochlmann Sirianni Selwr, amendments were agreed to. Hayes, Jr., S. Noye Smith, L. E. Speaker NOT VOTING-18 REMARKS ON VOTE Beloff Lynch, E. R. Richardson Street The SPEAKER. The Chair recognizes the gentleman Cahen Mieozzie Schweder Sweet Cunningham Musto Seventy Trello from Philadelphia, Mr. Cohen. For what purpose does the Dumas O'Brien, B. F. Shadding Williams gentleman rise? Earley Rhodes Mr. COHEN. Mr. Speaker, on the Kanuck amendment I EXCUSED-7 voted in error. I would like to be recorded in the negative. Barber Hayes, D. S. Rappaport Zord The SPEAKER. The gentleman's remarks will be spread DeVerter O'Brien, D. M. Weidner upon the record. LEGISLATIVE JOURNAL-HOUSE APRIL 9,

The majority required by the Constitution having voted Now, I feel that we probably should, with the interest the in the affirmative, the question was determined in the affir- press shows-I believe it would be important that the mative. members hear this, because the Fourth Estate, with the Ordered, That the clerk return the same to the Senate exception of, I see the two gentlemen there, Mr. Grotevant with the information that the House has passed the same from UP1 and Mr. Pettit from AP are usually there in their with amendment in which the concurrence of the Senate is seats, but it bothers me that the other members of the requested. Pennsylvania Legislative Correspondents Association hardly ever show in the House unless there is some kind of sexy STATEMENT ON LEGISLATION bill or something that deals with taxation, and then we find TO BE INTRODUCED them here. I feel that possibly to get them here to be very attentive, I The SPEAKER. The Chair recognizes the gentleman believe that we should have a roll call for the members of from Bucks, Mr. Wilson. the press. We have a roll call for our members because they Mr. WILSON. For the members' information, the task are very critical about the fact if we are not here, and I force on HR 1, the Joint State Government Commission think by the same token that we should have a roll call for Task Force on HR 1, has completed its work, as you prob- the press. I know Mr. Grotevant and Mr. Pettit would ably know, and submitted to this body its report. It should come high on the list because they are usually always here. have been in your mailboxes yesterday. I have the legisla- We had a gentleman, Mr. Ellis, here a few minutes ago tion as a result of this year-long work. The bills are from some paper down in, I believe, I forget what county, numbered HB 2460, HB 2461, and HB 2462. 1 have them but anyway it is down around Philadelphia, and he slept all on the desk up front. For those members who wish to the time he was here. So I feel that we should have more cosponsor the legislation, I would ask you to join me, and alert press so that we can really get the information that is the bills are on the desk. Thank you. going on here in the House instead of sitting down there and listening to it in their pressroom, or possibly, Mr. REMARKS ON VOTES Speaker, maybe most of them have not returned from some of the trips out to California, or possibly they are on some The SPEAKER. The Chair recognizes the gentleman other junket somewhere checking on legislators. Now, I just from Washington, Mr. Sweet. do not know whether they got back yet or not, so I hope Mr. SWEET. Mr. Speaker, I was locked out and would that maybe we can get this resolution change in on the rules like to be recorded in the affirmative on SB 86. and have a more credible press. I really believe that it is The SPEAKER. The Chair recognizes the gentleman necessary for the public to know what is going on, and I from Allegheny, Mr. Trello. know they would like that. Thank you, Mr. Speaker. Mr. TRELLO. Mr. Speaker, I was not in my seat at the time SB 86 was voted on. I would like to be recorded in the ANNOUNCEMENT BY MINORITY WHIP affirmative. The SPEAKER. The Chair recognizes the gentleman The SPEAKER. The Chair recognizes the minority whip Centre, Mr. Cunningham. for an important announcement. Mr. CUNNINGHAM. Mr. Speaker, I was unable to cast Mr. MANDERINO. Mr. Speaker, I know that many of my vote on a number of measures which we just considered the members have left the floor, hut maybe their secretaries and I would, consequently, at this time ask to be recorded are listening. On my side of the aisle, this pertains to a in the affirmative on SB 617, SB 618, SB 619, SB 624, SB Presidential candidate of the Democratic Party who will be 625, SB 86, SB 1200, HB 1739, HB 1424, HB 1543, HR in town, in Harrisburg, on the 16th. which is next week, 154, HR 214, and in the negative on HR 219. and we are not in session. Some of the members have asked Thank you, Mr. Speaker. how they get credential clearance in order to meet with him on the platform during his meeting here on the Capitol STATEMENT BY MR. ZELLER steps. If you will call my office, I will put you in touch with the proper people so that whoever wants to be there The SPEAKER. The Chair recognizes the gentleman can be there and have the security clearance that evidently from Lehigh, Mr. Zeller. is needed in these cases. Mr. ZELLER. Mr. Speaker, I circulated today a copy of Mr. Speaker, other than that, 1 have no further business. a release that was placed in The Key, which is a journalists' Any of the Republicans can call, too, Mr. Speaker. publication in and around Philadelphia and the counties surrounding Philadelphia, and 1 was requested by that REMARKS ON VOTES group to present it. Now I imagine that many of you read it, and I think you should bear this before you leave, that I The SPEAKER. The Chair recognizes the gentleman hope to see how much interest that we can raise here in the from Allegheny, Mr. Seventy. House to amend our rules, possibly amend rule 17, which is Mr. SEVENTY. I was not in my seat for the last vote on the order of business in regard to roll call of members. SB 86. Please put me down in the affirmative. 1980 LEGISLATIVE JOURNAL-HOUSE 927

The SPEAKER. The Chair recognizes the gentleman WESTMORELAND COUNTY from Allegheny, Mr. Itkin. EMPLOYMENT AND TRAINING ADMINISTRATION Mr. ITKIN. Mr. Speaker, I was out of my seat when the March 22, 1980 vote was taken on the Kanuck amendment to SB 86. Had I The Honorable H. Jack Seltzer been in my seat, 1 would have voted in the negative. Speaker of the House The SPEAKER. The gentleman's remarks will be spread Commonwealth of Pennsylvania House of Representatives upon the record. Main Capitol Building BILLS AND RESOLUTIONS PASSED OVER Harrisburg, PA 17120 Dear Mr. Seltzer: The SPEAKER. Without objection, all remaining bills and resolutions on today's calendar will be passed over. Westmoreland County has submitted Modification 005 of the Annual Plan to the U.S. Department of Labor for funding The Chair hears no objection. under the Comprehensive Employment and Training Act (CETA). The Annual Plan Modification describes the 1980 COMMUNICATIONS Summer Youth Employment Program activities for the period October 1, 1979 to September 30, 1980. COMMONWEALTH OF PENNSYLVANIA In accordance with Federal Regulations, I am advising you Department of Justice of this Annual Plan Modification and am enclosing a copy. Harrisburg, PA 17120 Any comments should be forwarded within thirty (30) days To the HONORABLE DICK THORNBURGH to either of the following: Mr. William J. Haltigan, Regional Governor Administrator for Employment and Training, Region 111, Box and 8796, Philadelphia, PA 19101; or the Westmoreland County To the GENERAL ASSEMBLY OF THE Board of Commissioners, Courthouse Square, Greensburg, PA COMMONWEALTH OF PENNSYLVANIA 15601. Pursuant to the provisions of Title 18 Pa.C.S.A., Section Very truly yours, 5723(d), we are submitting the following report on the Opera- Carl J. Bartolomucci tion of the Wiretapping and Electronic Surveillance Control Executive Director Act. CJB/tln Respectfully, Enclosures Edward G. Biester, Jr. CENTRE COUNTY EMPLOYMENT Attorney General AND TRAINING AGENCY Henry G. Barr Willowbank Unit Deputy Attorney General Bellefonte, Pa. 16823 Director. Office of ncmA ,,=,A criminal Law Enforcement March 31. 1980 Harrisburg, Pennsylvania I April 1, 1980 Honorable Jack Seltzer Sneaker of the House COUNTY OF DELAWARE MANPOWER OFFICE House Post Office 2Q3 E. Baltimore Pike Harrisburg, PA 17120 Media, Pennsylvania 19063 My Dear Sir: March 19, 1980 This letter serves to inform you that a preliminary plan bas Honorable Jack Seltzer been submitted to the U. S. Department of Labor. Region 111, Pa. State House of Representatives in Philadelphia to plan activities and services for the 1980 Speaker of the House Summer Youth Employment Program. This is done in accord- State Capital ance to federal regulations that require prime sponsors to allow Harrisburg, Pa. i7120 a period for comment from agencies in their jurisdiction that Dear Mr. Seltzer: have shown effectiveness in woiking with youth. Due to the size of the plan, a synopsis has been prepared Delaware County has filed with the U.S. Department of and enclosed. Please feel free to contact our office should you Labor the Tide IV Summer Youth Employment Program desire a copy of the full preliminary plan. (SYEP) for Fiscal Year 1980. The SYEP is available for Please direct any written questions/comments to me at the referral to appropriate community based organizations and above address. appropriate educational agencies and institutions. Yours truly, Very truly yours, Sylvia Lee, Director Frederick T. Martin Centre CETA Exec. Director DELAWARE COUNTY SL/jk MANPOWER OFFICE Enclosure: Synopsis of 1980 SYEP Plan FTM/kl Enclosure LEGISLATIVE JOURNAL-HOUSE APRIL 9,

- LEHIGH VALLEY MANPOWER PROGRAM STATE GOVERNMENT. P. 0. Box 2365 Lehigh Valley, PA. 18001 BILL REPORTED FROM COMMITTEE, March 31, 1980 CONSIDERED FIRST TIME, AND TABLED The Honorable Jack Seltzer Speaker of The House of Representatives 1 SB 1048, PN 1718 By Rep. GALLEN % House Post Office An Act amending the act of July 20, 1979 (No. 62), entitled Main Capitol "A supplement to the act of , entitled, 'An act Harrisburg, Pa. 17120 . providing.. for the capital budget for the fiscal year 1979-1980,' Dear Mr. Seltzer: ltemlzlng public improvement projects to be acquired or ~h~ ~~hi~hvalley M~~~~~~~ program has recently modified constructed by the Department of General services together its ~~~~~l plan under ~i~l~IIB, IV (y~~p), and the ~d~i~i~-with their estimated financial cost; ....," authorizing the acqui- trative Cost Pool, according to instructions from the U. S. sition of Property in Turtle Creek Borough for the Saw Mill Department of Labor. Run project. A copy of the modification is being sent to you for your I STATE GOVERNMENT, review and comment. If you have any questions or comments concerning the modi- fication, please feel free to contact me at the above address. ADJOURNMENT Sincerely, The SPEAKER. The Chair recognizes the gentleman Thomas Cagle Director of Planning from Delaware, Mr. Civera. Mr. CIVERA. Mr. Speaker, I move that this House do edw now adjourn until Monday, April 28, 1980, at 1 p.m., enclosure e.d.t., unless sooner recalled by the Speaker. COMMONWEALTH OF PENNSYLVANIA Department of Labor and Industry On the question, Harrisburg, Pennsylvania 17120 Will the House agree to the motion? April 3, 1980 Motion was agreed to, and at 1:33 p.m., e.s.t., the House adjourned. Honorable H. Jack Seltzer Speaker House of Representatives 139 Capitol Building Harrisburg, PA 1712Q Dear Speaker Seltzer: Section 676.12 of the April 3, 1979 Federal Register requires that each Prime Snonsor shall provide written notification of the availability of is ~om~rche&iveEmployment and Training

Plan ICETP) to each Housc of the State l.eaislature. for appro-- - priate referral. We are enclosing one copy of the Public Notice which summarizes the mohification'io the Summer Youth Employ- ment Program (SYEP) Subpart of Pennsylvania's Balance-of- State CETP for FY 1980. The purpose of this modification is to adjust SYEP program operating levels based on FY 1980 allocations and FY I979 carryover funds. Copies of the modification will be provided upon request. This notification of availability is being provided simulta- neously with submittal of the modification request to the Employment and Training Administration, Region 111, U. S. Department of Labor, Philadelphia, Pennsylvania 19101. Sincerely, Charles J. Lieberth Enclosure (Above reports on file, but not printed in Appendix.) BILL REREPORTED FROM COMMITTEE 1 SB 543, PN 1739 (Amended) By Rep. GALLEN An Act amending the act of June 3, 1937 (P. L. 1333, No. 320), entitled "Pennsylvania Election Code," further providing for the withdrawal of candidates, for filing of reports and affi- davits, and for certain audits and amending a definition.