COMMONWEAL1H OF PENNSYLVANIA 1Utginlutiut AJnuruul WEDNESDAY. NOVEMBER 15, 1978

Session of 1978 162nd of the General Assembly Vol. 1, No. 55 SENATE HOUSE CONCURS IN SENATE CONCURRENT RESOLUTION WEDNESDAY, November 15, 1978. He also informed the Senate that the House has concurred in The Senate met at 10:00 a.m., Eastern Standard Time. Senate Concurrent Resolution, Serial No. 222, entitled: The PRESIDENT (Lieutenant Governor Ernest P. Kline) in Directing Joint State Government Commission Task Force to the Chair. study requirements, operations and procedures of the private detective business in Pennsylvania.

PRAYER BILLS SIGNED The following prayer was offered by the Secretary of the Sen· The President (Lieutenant Governor Ernest P. Kline) in the ate, Hon. MARK GRUELL, JR.: presence of the Senate signed the following bills: Our Dear Lord and God, as we look back over a long, difficult SB 68, 583, 679, 728, 996, 1145, 1319, 1454, 1481 and BB road and we have come to the end and to the turning point in 1980. that road, we pray that Thou will bless whatever good we have accomplished and forgive what we have done amiss. As we re­ GENERAL COMMUNICATIONS turn to our homes, we go in the spirit of amity of heart though LISTS OF LOBBYISTS AND ORGANIZATIONS it gives us inward pain, but still united in heart, we hope to meet again. In our Master's Name. Amen. The PRESIDENT laid before the Senate the following com­ munication, which was read by the Clerk as follows: November 15, 1978. JOURNAL APPROVED To the Honorable, the Senate of the Commonwealth of Pennsylvania: The PRESIDENT. A quorum of the Senate being present, the Clerk will read the Journal of the preceding Session. In compliance with Act No. 712 of the 1961 Session and Act No. 212 of the 1976 Session of the General Assembly titled the The Clerk proceeded to read the Journal of the preceding Ses· "Lobbying Registration and Regulation Act," we herewith sion, when, on motion of Senator MESSINGER, further read­ jointly present a list containing the names and addresses of the ing was dispensed with, and the Journal was approved. persons who have registered from September 27, 1978 through the close of the 162nd Session of the General Assembly. This list also contains the names and addresses of the organizations represented by these registrants. LEA VE OF ABSENCE Respectfully submitted: Senator MESSINGER asked and obtained a personal leave of MARK GRUELL, JR. absence for Senator KELLEY, for today's Session. Secretary of the Senate VINCENT F. SCARCELLI HOUSE MESSAGES Chief Clerk House of Representatives HOUSE ADOPTS REPORT OF COMMITTEE OF CONFERENCE The P.RESIDENT. These lists will be printed in the Appendix of the Senate Journal. The Clerk of the House of Representatives being introduced, informed the Senate that the House has adopted Report of COMMUNICATION FROM STATE EMPLOYES' Committee of Conference on BB 210, which was laid on the RETIREMENT SYSTEM RE: FORMER SENATOR table. CIANFRANI HOUSE CONCURS IN SENATE AMENDMENTS TO The PRESIDENT. The Chair wishes to announce that he has HOUSE BILL in his office, as President of the Senate, received a letter from He also informed the Senate that the House has concurred in the lawyer for the State Employes' Retirement System advising amendments made by the Senate to BB 1980. that the lawyer for former Senator Henry Cianfrani has re· 1112 LEGISLATIVE JOURNAL-SENATE November 15,

quested an administrative hearing in connection with the Sen­ Senator Hager has asked the Republican Members to report ate's attempt to gain back from the pension fund those moneys promptly at 11:00 o'clock for their caucus at which time, in involved in the legal action against Senator Cianfrani. addition to acting on the Senate Calendar of the day, the reor­ This matter is being referred by the Chair to the Committee ganization session for the Republicans will be held. on Ethics and Official Conduct to take official action in the rep­ This Senate will stand in recess until 1:00 p.m. or a later call resentation of the Senate in this matter. of the Chair.

AFTER RECESS BILLS INTRODUCED AND REFERRED The PRESIDENT pro tempore (Martin L. Murray) in the Senator SWEENEY presented to the Chair SB 1662, enti- Chair. tled: An Act amending the act of December 15, 1959 P. L. 1779, The PRESIDENT pro tempore. The time of recess having No. 673), entitled, as amended, "The Fish Law of 1959," further elapsed, the Senate will be in order. providing for the powers of waterways patrolmen. · Which was committed to the Committee on Environmental FROM THE GOVERNOR Resources. COMMUNICATIONS NOMINATIONS BY THE GOVERNOR He also presented to the Chair SB 1663, entitled: REFERRED TO COMMITTEE An Act amending the act of April 9, 1929 (P. L. 177, No. The Secretary to the Governor being introduced, presented 175), entitled "The Administrative Code of 1929," further pro­ communications in writing from His Excellency, the Governor viding for powers of waterways patrolmen. of the Commonwealth, which were read as follows, and re­ Which was committed to the Committee on Environmental ferred to the Committee on Rules and Executive Nominations: Resources. MEMBER OF THE BOARD OF THE PENNSYLVANIA NURSING HOME LOAN AGENCY Senator HOLL presented to the Chair SB 1664, entitled: November 14, 1978. An Act conferring the powers of police officers on sheriffs and their deputies in certain instances. To the Honorable, the Senate of the Commonwealth of Pennsylvania: Which was committed to the Committee on Law and Justice. In conformity with law, I have the honor hereby to nominate Senators HOPPER, CORMAN, GEKAS, KUSSE, MOORE, for the advice and consent of the Senate Marvin Finkelstein, 2665 Barry Lane, Huntingdon Valley 19006, Montgomery HOWARD and TILGHMAN presented to the Chair SB 1665, County, Twelfth Senatorial District, for appointment as a entitled: member of the Board of the Pennsylvania Nursing Home Loan Agency, to serve until October 10, 1981, and until his successor An Act amending the act of June 2, 1915 (P. L. 736, No. 338), is appointed and qualified. entitled, as amended, "The Pennsylvania Workmen's Compen­ sation Act," further providin9, for the definitions of the terms MILTON J. SHAPP. compensa­ "injury" and "personal injury ' and the amounts of MEMBER OF THE BOARD OF TRUSTEES OF tion payable in certain cases. HAMBURG CENTER Which was committed to the Committee on Labor and Indus­ November 15, 1978. try. To the Honorable, the Senate of the Commonwealth of Pennsylvania: RECESS In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate Charles James Farber, Senator MESSINGER. Mr. President, at this time I request a 524 Jefferson Street, Pottsville 17901, Schuylkill County, recess of the Senate for the purpose of a Democratic caucus, Twenty-ninth Senatorial District, for appointment as a mem­ with the notice to all Democratic Senators to await a call to the ber of the Board of Trustees of Hamburg Center, to serve until the third Tuesday of January, 1981, and until his successor is caucus and to listen carefully where the caucus will be held. We appointed and qualified, vice Melvin Daniel Clouser, Pottsville, have difficulty in that we do not have the entire Calendar, and deceased. that is the reason. Let us set 1:00 o'clock as the time we expect MILTON J. SHAPP. to return to the floor. OF I would ask the Republican MEMBER OF THE BOARD OF TRUSTEES Senator HAGER. Mr. President, NORRISTOWN STATE HOSPITAL Members to come to their caucus room promptly at 11:00 November 15, 1978. o'clock for purposes of a reorganization meeting of the caucus. We will await the completion of the Calendar for other busi­ To the Honorable, the Senate of the Commonwealth of ness. Pennsylvania: The PRESIDENT. Senator Messinger, hopeful of returning to In conformity with law, I have the honor hereby to nominate p.m., has asked the Democratic Members to for the advice and consent of the Senate Ms. Nada H. Cail, 7 41 the floor by 1:00 Pen-Ambler Road, Penllyn 19422, Montgomery County, stand by for a caucus call, particularly to pay attention to the Twenty-fourth Senatorial District, for appointment as a mem­ location which may be changed. ber of the Board of Trustees of Norristown State Hospital, to 1978. LEGISLATIVE JOURNAL-SENATE 1113

serve until the third Tuesday of January 1979, and until her the Committee on Ethics and Official Conduct the Second Re· successor is appointed and qualified, vice Howard W. McClure, port of Senate Committee on Ethics and Official Conduct sub­ Norristown. mitted on November 15, 1978. MILTON J. SHAPP. (See Appendix for report.) DISTRICT JUSTICE November 15, 1978. EXECUTIVE NOMINATIONS To the Honorable, the Senate of the Commonwealth of EXECUTIVE SESSION Pennsylvania: Motion was made by Senator ROSS, In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate Mrs. Helen Marie That the Senate do now resolve itself into Executive Session Carter, R. D. #4, Box 357, North Franklin Township 15301, for the purpose of considering certain nominations made by the Washington Countr, Forty-sixth Senatorial District, for ap­ Governor. pointment as District Justice in and for the County of Wash· ington, Class 1, District 01, to serve until the first Monday of Which was agreed to. January, 1980, vice John Luongo, Washington, resigned. MILTON J. SHAPP. NOMINATION TAKEN FROM THE TABLE Senator ROSS. Mr. President, I call from the table for consid· HOUSE MESSAGES eration the nomination of James N. Diefenderfer, Esquire, as Judge of the Court of Common Pleas, Lehigh County, which re­ HOUSE ADOPTS REPORTS OF COMMITTEES OF CONFERENCE quires a two-thirds majority vote. This nomination was previously laid on the table November The Clerk of the House of Representatives being introduced, 14, 1978. informed the Senate that the House has adopted Report of The Clerk read the nomination as follows: Committee of Conference on SB 1105. He also informed the Senate that the House has adopted Re- JUDGE, COURT OF COMMON PLEAS, LEHIGH COUNTY port of Committee of Conference on HB 1851, which was laid November 13, 1978. on the table. To the Honorable, the Senate of the Commonwealth of Pennsylvania: SENATE BILLS RETURNED WITH AMENDMENTS In conformity with law, I have the honor hereby to nominate He also returned to the Senate SB 1104, 1220, 1539 and for the advice and consent of the Senate James N. Diefender­ 1606, with the information that the House has passed the sli.me fer, Esquire, 1143 North Wahneta Street, Allentown 18103, Lehigh County, Sixteenth Senatorial District, for appointment with amendments in which the concurrence of the Senate is re­ as Judge of the Court of Common Pleas of the Thirty-first Judi­ quested. cial District of Pennsylvania, composed of the County of Le­ The PRESIDENT pro tempore. The bills, as amended, will be high, to serve until the first Monday of January, 1980, vice Honorable Donald E. Wieand, resigned. laid on the table. MILTON J. SHAPP. HOUSE CONCURS IN SENATE BILLS On the question, He also returned to the Senate SB 1367, 1608 and 1630, Will the Senate advise and consent to the nomination? with the information that the House has passed the same with­ The yeas and nays were taken agreeably to the provisions of out amendments. the Constitution and were as follows, viz: HOUSE CONCURS IN SENATE AMENDMENTS TO YEAS-28 HOUSE BILL He also informed the Senate that the House has concurred in Coppersmith, Lewis, Nolan, Scanlon, Duffield, Lynch, Noszka, Schaefer, amendments made by the Senate to HB 668. Early, McCormack, O'Pake, Smith, Furno, McKinney, Orlando, Snyder, Gurzenda, Mellow, Reibman, Stapleton, BILLS SIGNED Hankins, Messinger, Romanelli, Sweeney, Kury, Murray, Ross, Zemprelli, The President pro tempore (Martin L. Murray) in the pres­ ence of the Senate signed the following bills: NAYS-18 SB 1105, 1367, 1608, 1630, HB 663, 668, 675, 1243, Andrews, Gekas, Howard, Moore, 1249, 1508, 1523, 1673, 1780, 2029, 2181, 2291, 2362, Bell, Hager, Jubelirer, Stauffer, 2404, 2434, 2469 and 2675. Corman, Hess, Kusse, Tilghman, Dougherty, Holl, Manbeck, Wood, Dwyer, Hopper, SECOND REPORT OF SENATE COMMITTEE Less than a two-thirds majority of all the Senators having ON ETIDCS AND OFFICIAL CONDUCT voted "aye," the question was determined in the negative. The PRESIDENT pro tempore. Senator Lewis reports from Ordered, That the Governor be informed accordingly. 1114 LEGISLATIVE JOURNAL-SENATE November 15,

NOMINATION TAKEN FROM THE TABLE judgeship filled. However, the people of Lawrence County are Senator ROSS. Mr. President, I call from the table for con­ not satisfied with this particular nominee. sideration the nomination of Thomas A. Shumaker, Esquire, as Senator O'P AKE. Mr. President, can the gentleman tell me Judge, Court of Common Pleas, Lawrence County, which re­ how many judges are now sitting in Lawrence County. quires a two-thirds majority vote. Senator ANDREWS. There is one judge, Mr. President. This nomination was previously laid on the table November Senator O'PAKE. Mr. President, can the gentleman tell me 14, 1978. how many people there are in Lawrence County? The Clerk read the nomination as follows: Senator ANDREWS. Mr. President, there are either 105,000 or107,000. JUDGE, COURT OF COMMON PLEAS, LAWRENCE Senator O'PAKE. Mr. President, can the gentleman tell me if COUNTY this nominee is the product of the Judicial Screening Advisory Octoberl7, 1978. Committee which is a bipartisan committee established to re­ To the Honorable, the Senate of the Commonwealth of view nominees for judgeships in his county? Pennsylvania: Senator ANDREWS. Yes, Mr. President, he is. In conformity with law, I have the honor hereby to nominate Senator O'P AKE. Mr. President, in the meeting of the Com­ for the advice and consent of the Senate Thomas A. Shumaker, mittee on Judiciary in which the gentleman from Lawrence, Esquire, 115 Englewood Avenue, New Castle 16101, Lawrence County, Twenty-first Senatorial District, for appointment as Senator Andrews, participated, was there any opposition regis­ Judge of the Court of Common Pleas of the Fifty-third Judicial tered to the nomination of Mr. Shumaker? District of Pennsylvania, composed of the County of Lawrence, Senator ANDREWS. Mr. President, the only witness who to serve until the first Monday of January, 1980, vice Honor­ able Howard W. Lyon, Deceased. testified was Mr. Shumaker. Senator O'P AKE. Mr. President, my question was: Was there MILTON J. SHAPP. any opposition to Mr. Shumaker? On the question, Senator ANDREWS. No, Mr. President. Will the Senate advise and consent to the nomination? Senator O'P AKE. Therefore, Mr. President, was this a peti­ tion which contained these 300 or so names which was pre­ sented to the gentleman? Senator ANDREWS. Mr. President, I would like to make a Senator ANDREWS. No, Mr. President, it was not. very brief statement with respect to this nomination. Senator O'P AKE. Mr. President, the gentleman did not bring I have talked to virtually all the row officers and councilmen that to the attention of the Committee of Judiciary in its meet­ in the City of New Castle; I have polled the Bar Association and' ing on Monday, is that correct? have had in the neighborhood of 300 or 400 people in Lawrence Senator ANDREWS. That is correct, Mr. President. County talk to me concerning this particular nominee. It is my Senator O'P AKE. Mr. President, am I also to understand that opinion that the people of Lawrence County do not want Tom the President Judge of Lawrence County has endorsed this Shumaker to be their judge. nomination? Mr. President, I would ask for a "no" vote on the nomination. Senator ANDREWS. Mr. President, the gentleman is incor­ Senator O'PAKE. Mr. President, I desire to interrogate the rect. He has taken no stand or position. gentleman from Lawrence, Senator Andrews. Senator O'PAKE. Mr. President, can the gentleman tell me if The PRESIDENT pro tempore. Will the gentleman from Law­ the Bar Association of Lawrence County rated this nominee as rence, Senator Andrews, permit himself to be interrogated? qualified for the post? Senator ANDREWS. I will, Mr. President. Senator ANDREWS. They have, Mr. President. They have Senator O'P AKE. Mr. President, will the Senator tell this rated him. Chamber how long there has been a vacancy in Lawrence Senator O'PAKE. As qualified, Mr. President? County and this judicial district? Senator ANDREWS. They have rated him, yes, Mr. Senator ANDREWS. Mr. President, the vacancy has been President. there officially since August 6th or 7th when the Judge of the Senator O'PAKE. Mr. President, is the Senator aware that Court of Common Pleas died. Actually, it was a year ago in this nominee is one of the few judges ever to come before the October when the Judge had a heart attack and did not work Committee on Judiciary who was willing to voluntarily disclose for ten months prior to his death. his financial situation? Senator O'PAKE. But, Mr. President, the vacancy has Senator ANDREWS. Mr. President, I was not aware of that. existed since early August, is that correct? Senator O'P AKE. Mr. President, I thank the gentleman. Senator ANDREWS. Mr. President, the death occurred in Senator ANDREWS. Mr. President, I would like to clarify the August. one question. I do not know whether it was understood by the Senator O'P AKE. Mr. President, is the gentleman aware that Members; I am not sure if I understood it myself. there is no way to fill that vacancy for several months if this The gentleman from Berks, Senator O'Pake, .asked if the nomination is defeated. nominee had been approved by the Bar Association. I polled the Senator ANDREWS. Mr. President, I am aware of that, but, Bar Association; the answer is no, he was not approved by the as I explained, it is nothing personal with me. I feel we need the Bar Association of Lawrence County. 1978. LEGISLATIVE JOURNAL-SENATE 1115

Senator DUFFIELD. Mr. President, I desire to interrogate NAYS-25 the gentleman from Lawrence, Senator Andrews. Andrews, Gekas, Howard, Schaefer, The PRESIDENT pro tempore. Will the gentleman from Law­ Bell, Gurzenda, Jubelirer, Snyder, rence, Senator Andrews, permit himself to be interrogated? Coppersmith, Hager, .Kusse, Stapleton, Senator ANDREWS. I will, Mr. President. Corman, Hess, Lynch, Stauffer, Dougherty, Holl, Manbeck, Tilghman, Senator DUFFIELD. Mr. President, did the gentleman not Dwyer, Hopper, Moore, Wood, extol the virtues of Mr. Shumaker and actually make the mo­ Furno, tion that this nomination be reported to the floor of the Senate during a meeting of the Committee on Judiciary? Less than a two-thirds majority of all the Senators having Senator ANDREWS. Mr. President, the answer is no and yes. voted "aye," the question was determined in the negative. I did not extol his virtures; I did make the motion. Ordered, That the Governor be informed accordingly. Senator DUFFIELD. Mr. President, the gentleman made the motion that this nomination be referred to the floor of the The PRESIDING OFFICER (Eugene F. Scanlon) in the Senate just a day or two ago. Chair. Senator ANDREWS. Mr. President, I made the motion that the nomination be referred to the Committee on Rules and NOMINATION TAKEN FROM THE TABLE Executive Nominations. l thought that was a courtesy that I Senator ROSS. Mr. President, I call from the table for con­ should extend to him because he is a friend of mine and person­ sideration the nomination of Jack B. Kenning, as a member of ally, I have nothing against Mr. Shumaker at all. the Board of Claims, which requires a majority vote. Senator DUFFIELD. Mr. President, if he is a friend of the This nomination was previously laid on the table November gentleman from Lawrence, Senator Andrews, he needs no 14, 1978. enemies. The Clerk read the nomination as follows: Mr. President, at that time I had great faith in a Senator in a District when he proposed the name of a judge-I did not know him from Adam, I still do not-and I relied on the Senator who MEMBER OF THE BOARD OF CLAIMS made the motion. I knew at that time if he was all right with November 13, 1978. the gentleman from Lawrence, Senator Andrews, he would be To the Honorable, the Senate of the Commonwealth of all right. I committed myself on the basis of the gentleman pro­ Pennsylvania: posing him and making a motion before the Committee on In conformity with law, I have the honor hereby to nominate Judiciary that his name be submitted to the floor just a day or for the advice and consent of the Senate the following for ap­ two ago. pointment as a member of the Board of Claims, pursuant to Act 260, October 1978: And the question recurring, Jack B. Kenning, 309 Hoodridge Drive, Pittsburgh 15234, Allegheny County, Thirty-seventh Senatorial District, to serve Will the Senate advise and consent to the nomination? for a term of four years, and until his successor is appointed and qualified. (During the calling of the roll, the following occurred:) Senator SMITH. Mr. President,· I would like to change my MILTON J. SHAPP. vote from "no" to "aye." On the question, The PRESIDENT pro tempore. The gentleman will be so re­ Will the Senate advise and consent to the nomination? corded. Senator HANKINS. Mr. President, I would like to change my MOTION TO LAY NOMINATIONS ON THE TABLE vote from "no" to "aye." The PRESIDENT pro tempore. The gentleman will be so re­ Senator HAGER. Mr. President, in view of the fact that this corded. member and the other two members of this Board are up for Senator ROMANELLI. Mr. President, I would like to change confirmation for four, six and eight-year terms and this is the my vote from "no" to "aye." end of an Administration, each having a salary of $30,000, The PRESIDENT pro tempore. The gentleman will be so re­ each determining over $100 million presently in claims against corded. the Commonwealth, I would move that these nominations be tabled and dealt with after January. The yeas and nays were taken agreeably to the provisions of Senator ROSS. Mr. President, I object to the tabling of the the Constitution and were as follows, viz: nominations and ask for a roll call vote. YEAS-22 The PRESIDING OFFICER. Does everyone understand the question? The question is, whether or not the nominations of Arlene, McCormack, Noszka, Ross, Jack Kenning, Catherine Boyd and Fred Pace, who have been Duffield, McKinney, O'Pake, Scanlon, Early, Mellow, Orlando, Smith, nominated to the Board of Claims, will be laid upon the table. Hankins, Messinger, Reibman, Sweeney, Kury, Murray, Romanelli, Zemprelli, On the question, Lewis, Nolan, Will the Senate agree to the motion? 1116 LEGISLATIVE JOURNAL-SENATE November 15,

POINT OF ORDER So the question was determined in the negative, and the motion was defeated. Senator ROSS. Mr. President, I rise to a point of order. The PRESIDING OFFICER. The gentleman from Beaver, And the question recurring, Senator Ross, will state it. Will the Senate advise and consent to the nomination? Senator ROSS. Mr. President, am I correct that the motion is nondebatable? PARLIAMENTARY INQUIRY The PRESIDING OFFICER. The motion is not debatable and Senator TILGHMAN. Mr. President, I rise to a question of I caution Senator Andrews. parliamentary inquiry. The PRESIDING OFFICER. The gentleman from Montgom­ PARLIAMENTARY INQUIRY ery, Senator Tilghman, will state it. Senator ANDREWS. Mr. President, I rise to a question of Senator TILGHMAN. Mr. President, does not it now take parliamentary inquiry. unanimous consent of the Senate to vote on these nominees? The PRESIDING OFFICER. The gentleman from Lawrence, The PRESIDING OFFICER. No, they were reported out of Senator Andrews, will state it. committee yesterday and laid on the table for one day. They are Senator ANDREWS. Mr. President, two of the nominees are in position right now for vote. presently on the table and is not the proper form of the motion Senator TILGHMAN. Mr. President, as I understand the to have the gentleman from Beaver, Senator Ross, call them Chair's ruling it would be possible for the Committee on Rules from the table, or does that require a motion? I am not just and Executive Nominations for the next ten years to report quite sure how the motion should be structured so we will know names from committee, have them laid on the table, and there­ how to vote "yes" or "no." by thwart the method whereby it takes unanimous consent. Do The PRESIDING OFFICER. To clarify the issue: Senator I understand that that situation could exist? Ross moved to remove Jack Kenning's nomination from the The PRESIDING OFFICER. That was not my ruling. My table. ruling was that these names are in position for a vote today and Senator ANDREWS. Mr. President, should the vote not be on that it does not take unanimous consent. that motion? The gentleman from Lycoming, Senator Hager, Senator TILGHMAN. Mr. President, that is a confusing Rule objected to that motion, although formally he moved to table in the Senate and I believe, as I read it, that it takes unanimous them, but they are already on the table. consent to run these names. The PRESIDING OFFICER. He was calling them from the The PRESIDING OFFICER. Senator, I will read the Rule. table and I believe Senator Hager's motion is to retable the Rule XXX, Section 3: "When the consideration of executive nominations. nominations is reached in the order of business, a Senator may Senator ANDREWS. Mr. President, faerefore, if I vote for make a motion to go into executive session for the purpose of them to remain on the table, I vote "aye" and to take them off confirming the nominations which have been reported from a the table, I vote "no"? committee at a previous session and, if unanimous consent be The PRESIDING OFFICER. That is correct, Senator. If you given, also those which may be reported on the day the motion are in agreement with Senator Hager's motion, you vote in the is made;" so this was reported on a previous Session day and affirmative. If you are against his motion, you vote in the nega­ does not require unanimous consent. tive. Senator TILGHMAN. I would respectfully differ with the Chair, Mr. President. It does not say that unanimous consent is And the question recurring, not needed if reported on a previous day. There is a gap in the Will the Senate agree to the motion? Rule. It just simply says unanimous consent if reported on the The yeas and nays were required by Senator ROSS and were same day. It does not say that, by laying it on the table you can as follows, viz: avoid unanimous consent. The PRESIDING OFFICER. That is the Chair's inter­ YEAS-19 pretation of the reading of the Rule. Senator TILGHMAN. Thank you, Mr. President. I would Andrews, Gekas, Howard, Snyder, Bell, Hager, Jubelirer, Stauffer, respectfully differ with the Chair but will have to stand by the Corman, Hess, Kusse, Tilghman, Chair's ruling. Dougherty, Holl, Manbeck, Wood, Dwyer, Hopper, Moore, And the question recurring, Will the Senate advise and consent to the nomination? NAYS-27 The yeas and nays were taken agreeably to the provisions of Coppersmith, Lewis, Nolan, Scanlon, the Constitution and were as follows, viz: Duffield, Lynch, Noszka, Schaefer, Early, McCormack, O'Pake, Smith, YEAS-47 Furno, McKinney, Orlando, Stapleton, Gurzenda, Mellow, Reibman, Sweeney, Andrews, Hager, McCormack, Ross, Hankins, Messinger, Romanelli, Zemprelli, Arlene, Hankins, McKinney, Scanlon, Kury, Murray, Ross, Bell, Hess, Mellow, Schaefer, 1978. LEGISLATIVE JOURNAL-SENATE 1117

Coppersmith, Holl, Messinger, Smith, sideration the nomination of Fred C. Pace, as a member of the Corman, Hopper, Moore, Snyder, Dougherty, Howard, Murray, Stapleton, Board of Claims, which requires a majority vote. Duffield, Jubelirer, Nolan, Stauffer, This nomination was previously laid on the table November Dwyer, Kury, Noszka, Sweeney, 14, 1978. Early, Kusse, O'Pake, Tilghman, Furno, Lewis, Orlando, Wood, The Clerk read the nomination as follows: Gekas, Lynch, Reibman, Zemprelli, Gurzenda, Manbeck, Romanelli, MEMBER OF THE BOARD OF CLAIMS November 13, 1978. NAYS-0 To the Honorable, the Senate of the Commonwealth of Pennsylvania: A constitutional majority of all the Senators having voted "aye," the question was determined in the affirmative. In confirmity with law, I have the honor hereby to nominate for the advice and consent of the Senate the following for ap­ Ordered, That the Governor be informed accordingly. pointment as a member of the Board of Claims, pursuant to Act 260, October 1978: NOMINATION TAKEN FROM THE TABLE Fred C. Pace, Esquire, 304 East Center Street, Mahanoy City 17948, Schuylkill County, Twenty-ninth Senatorial District, to Senator ROSS. Mr. President, I call from the table for con­ serve for a term of eight years, and until his successor is ap­ sideration the nomination of Ms. Catherine D. Boyd, as a mem­ pointed and qualified. ber of the Board of Claims, which requires a majority vote. MILTON J. SHAPP. This nomination was previously laid on the table November On the question, 14, 1978. Will the Senate advise and consent to the nomination? The Clerk read the nomination as follows: The yeas and nays were taken agreeably to the provisions of MEMBER OF THE BOARD OF CLAIMS the Constitution and were as follows, viz: November 13, 1978. YEAS-47 To the Honorable, the Senate of the Commonwealth of Andrews, Hager, McCormack, Ross, Pennsylvania: Arlene, Hankins, McKinney, Scanlon, Bell, Hess, Mellow, Schaefer, In conformity with law, I have the honor hereby to nominate Coppersmith, Holl, Messinger, Smith, for the advice and consent of the Senate the following for Corman, Hopper, Moore, Snyder, appointment as a member of the Board of Claims, pursuant to Dougherty, Howard, Murray, Stapleton, Act 260, October 1978: Duffield, Jubelirer, Nolan, Stauffer, Ms. Catherine D. Boyd, Apartment 533, Valley Forge Towers Dwyer, Kury, Noszka, Sweeney, West, King of Prussia 19406, Montgomery County, Seven­ Early, Kusse, O'Pake, Tilghman, teenth Senatorial District, to serve for a term of six years, and Furno, Lewis, Orlando, Wood, until her successor is appointed and qualified. Gekas, Lynch, Reibman, Zemprelli, Gurzenda, Manbeck, Romanelli, MILTON J. SHAPP. On the question, NAYS-0 Will the Senate advise and consent to the nomination? A constitutional majority of all the Senators having voted The yeas and nays were taken agreeably to the provisions of "aye," the question was determined in the affirmative. the Constitution and were as follows, viz: Ordered, That the Governor be informed accordingly. YEAS-47 NOMINATION TAKEN FROM THE TABLE Andrews, Hager, McCormack, Ross, Arlene, Hankins, McKinney, Scanlon, Senator ROSS. Mr. President) call from the table for consid­ Bell, Hess, Mellow, Schaefer, eration the nomination of Thomas P. Dalfonso, as a member of Coppersmith, Holl, Messinger, Smith, Corman, Hopper, Moore, Snyder, the Pennsylvania Turnpike Commission, which requires a two­ Dougherty, Howard, Murray, Stapleton, thirds majority vote. Duffield, Jubelirer, Nolan, Stauffer, This nomination was previously laid on the table June 27, Dwyer, Kury, Noszka, Sweeney, Early, Kusse, O'Pake, Tilghman, 1978. Furno, Lewis, Orlando, Wood, The Clerk read the nomination as follows: Gekas, Lynch, Reibman, Zemprelli, Gurzenda, Manbeck, Romanelli, MEMBER OF THE PENNSYLVANIA TURNPIKE COMMISSION NAYS-0 June 19, 1978. A constitutional majority of all the Senators having voted To the Honorable, the Senate of the Commonwalth of "aye," the question was determined in the affirmative. Pennsylvania: Ordered, That the Governor be informed accordingly. In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate Thomas P. Dalfonso, NOMINATION TAKEN FROM THE TABLE 26 Colonial Drive, Monessen 15062, Westmoreland County, Thirty-second Senatorial District, for appointment as a mem­ Senator ROSS. Mr. President, I call from the table for con- ber .of the Pennsylvania Turnpike Commission, to serve until 1118 LEGISLATIVE JOURNAL-SENATE November 15,

June 4, 1983, and until his successor is appointed and qualified, Democratic Senators' pictures in the paper. It was very deroga­ vice Egidio Cerilli, Greensburg, resigned. tory. He had all the pictures of the people who would not turn MILTON J. SHAPP. over the names of the recipients of the Senatorial Scholarships On the question, to the Philadelphia Inquirer. This gentleman is before us to­ Will the Senate advise and consent to the nomination? night to be confirmed; I will vote "no" on this nomination. The yeas and nays were taken agreeably to the provisions of And the question recurring, the Constitution and were as follows, viz: Will the Senate advise and consent to the nomination? YEAS-28 The yeas and nays were taken agreeably to the provisions of the Constitution and were as follows, viz: Arlene, Kury, Murray, Ross, Coppersmith, Lewis, Nolan, Scanlon, YEAS-10 Duffield, Lynch, Noszka, Schaefer, Early, McCormack, O'Pake, Smith, Early, Lewis, Ross, Smith, Furno, McKinney, Orlando, Stapleton, Gurzenda, Mellow, Scanlon, Stapleton, Gurzenda, Mellow, Reibman, Sweeney, Kury, O'Pake, Hankins, Messinger, Romanelli, Zemprelli, NAYS-37 NAYS-19 Andrews, Hager, Manbeck, Reibman, Andrews, Gekas, Howard, Snyder, Arlene, Hankins, McCormack, Romanelli, Bell, Hager, Jubelirer, Stauffer, Bell, Hess, McKinney, Schaefer, Corman, Hess, Kusse, Tilghman, Coppersmith, Holl, Messinger, Snyder, Dougherty, Holl, Manbeck, Wood, Corman, Hopper, Moore, Stauffer, Dwyer, Hopper, Moore, Dougherty, Howard, Murray, Sweeney, Duffield, Jubelirer, Nolan, Tilghman, Dwyer, Kusse, Noszka, Wood, Less than a two-thirds majority of all the Senators having Furno, Lynch, Orlando, Zemprelli, voted "aye," the question was determined in the negative. Gekas, Ordered, That the Governor be informed accordingly.

NOMINATION TAKEN FROM THE TABLE Less than a two-thirds majority of all the Senators having voted "aye," the question was determined in the negative. Senator ROSS. Mr. President, I call from the table for con­ Ordered, That the Governor be informed accordingly. sideration the nomination of John H. Anspach, as a member of the Pennsylvania Turnpike Commission, which requires a two­ NOMINATION TAKEN FROM THE TABLE thirds majority vote. Senator ROSS. Mr. President, I call from the table for consid­ This nomination was previously laid on the table June 27, eration the nomination of Donald J. Tressler, as Brigadier Gen­ 1978. eral, Pennsylvania Air National Guard, which requires a major­ The Clerk read the nomination as follows: ity vote. This nomination was previously laid on the table November MEMBER OF THE PENNSYLVANIA TURNPIKE COMMISSION 14, 1978. The Clerk read the nomination as follows: June 21, 1978. To the Honorable, the Senate of the Commonwealth of BRIGADIER GENERAL, Pennsylvania: PENNSYLVANIA NATIONAL GUARD In conformity with law, I have the honor hereby to nominate November 14, 1978. for the advice and consent of the Senate John H. Anspach, R. D. #1, Grantville 17028, Lebanon County, Fifteenth Senato­ To the Honorable, the Senate of the Commonwealth of rial District, for appointment as a member of the Pennsylvania Pennsylvania: Turnpike Commission, to serve until June 4, 1987, and until his In conformity with law, I have the honor hereby to nominate successor is appointed and qualified, vice Ray M. Bollinger, for the advice and consent of the Senate Colonel Donald J. Richland, whose term expired. Tressler, 1022 Outer Drive, State College 16801, Centre Coun­ MILTON J. SHAPP. ty, Thirty-fourth Senatorial District, for appointment as Briga­ dier General, Pennsylvania Air National Guard, to serve until On the question, terminated, as Deputy Commander, Headquarters, Pennsylva­ Will the Senate advise and consent to the nomination? nia Air National Guard, vice Colonel Frank H. Smoker, Jr., re­ assigned. Senator BELL. Mr. President, shortly before the election, MILTON J. SHAPP. this gentleman who is before us for confirmation inserted a On the question, paid political advertisement in a Lebanon County newspaper. Will the Senate advise and consent to the nomination? The advertisement was very derogatory toward me as a Se.na­ tor. He had my picture in the paper; he had the picture of the The yeas and nays were taken agreeably to the provisions of President pro tempore in the paper; he had a number of the the Constitution and were as follows, viz: 1978. LEGISLATIVE JOURNAL-SENATE 1119

YEAS-47 AFTER RECESS

Andrews, Hager, McCormack, Ross, The PRESIDING OFFICER. The time of recess having Arlene, Hankins, McKinney, Scanlon, elapsed, the Senate will be in order. Bell, Hess, Mellow, Schaefer, Coppersmith, Holl, Messinger, Smith, Corman, Hopper, Moore, Snyder, HB 2279 TAKEN FROM THE TABLE Dougherty, Howard, Murray, Stapleton, Duffield, Jubelirer, Nolan, Stauffer, Without objection, Senator MESSINGER called from the ta­ Dwyer, Kury, Noszka, Sweeney, ble HB 2279. Early, Kusse, O'Pake, Tilghman, Furno, Lewis, Orlando, Wood, Gekas, Lynch, Reibman, Zemprelli, Gurzenda, ,Manbeck, Romanelli, RECONSIDERATION OF HB 2279 THE OBJECTIONS OF THE GOVERNOR TO NAYS-0 THE CONTRARY NOTWITHSTANDING A constitutional majority of all the Senators having voted HB 2279 PASSED OVER GOVERNOR'S VETO "aye," the question was determined in the affirmative. Ordered, That the Goyernor be informed accordingly. HB 2279 (Pr. No. 2899) - Senator MESSINGER. Mr. Presi­ dent, I move that the Senate do now reconsider the vote by which it failed to override the Governor's veto on House Bill EXECUTIVE SESSION RISES No. 2279, Printer's No. 2899, on September 27, 1978. Senator SMITH. Mr. President, I second the motion. Senator ROSS. Mr. President, I move that the Executive Ses­ The motion was agreed to. sion do now rise. The motion was agreed to. And the question recurring, Will the Senate agree to pass House Bill No. 2279, Printer's No. 2899, the objections of the Governor to the contrary not­ REPORT OF SENATE COMMITTEE APPOINTED withstanding. PURSUANT TO SENATE RESOLUTION, SERIAL NO. 19 Senator MESSINGER. Mr. President, in the event anyone is confused about what this bill involves, it is the bill on court Senator ORLANDO. Mr. President, I would like to transmit a costs. report to the Senate. This is Senate Resolution, Serial No. 19 The PRESIDING OFFICER. This motion will require a vote which directs that a special committee be empaneled to audit of thirty-four Senators. admission policies, programs and financial structure of Penn­ sylvania medical schools. The resolution cites the high cost of And the question recurring, medical education, the shortage of doctors in some areas of Will the Senate agree to pass the same, the objections of the Pennsylvania and the need for cost effective spending as rea­ Governor to the contrary notwithstanding? sons for the study. The yeas and nays were taken agreeably to the provisions of This report concerns itself with the findings and conclusions the Constitution and were as follows, viz: from that study. The report is the outline for positive State ac­ tion to meet the changing medical needs of Pennsylvania. YEAS-38 The committee wishes to express its appreciation to Dr. Rich­ Arlene, Hankins, ard Lyons and Dr. Philip Ingaglio of the State Board of Medical Messinger, Ross, Bell, Holl, Moore, Scanlon, Licensure and to Ms. Amy Free for their assistance in the study Coppersmith, Hopper, Murray, Schaefer, and to Joe O'Connor who wrote the report. Corman, Jubelirer, Nolan, Smith, Dougherty, Kury, Mr. President, I am submitting this report for the record. Noszka, Snyder, Duffield, Lewis, O'Pake, Stapleton, (See Appendix for report.) Dwyer, Lynch, Orlando, Sweeney, Early, McCormack, Reibman, Tilghman, Furno, McKinney, Romanelli, Zemprelli, RECESS Gurzenda, Mellow, Senator MESSINGER. Mr. President, at this time I request a recess of the Senate for the purpose of a meeting of the Com­ NAYS-9 mittee on Rules and Executive Nominations to consider certain Andrews, Hess, nominations. It will be a brief meeting. Kusse, Stauffer, Gekas, Howard, Manbeck, Wood, The PRESIDING OFFICER. Senator Messinger has request­ Hager, ed a short recess for the purpose of a meeting of the Committee on Rules and Executive Nominations in the regular meeting A constitutional two-thirds majority of all the Senators hav­ room of the committee. ing voted "aye," the question was determined in the affirma­ The Chair hears no objection and the Senate will stand in re­ tive, the objections of the Governor to the contrary notwith­ cess. standing. 1120 LEGISLATIVE JOURNAL-SENATE November 15,

Ordered, That the Clerk inform the House of Representatives President, on September 28, 1978, the Governor approved and accordingly. signed Senate Bill No. 1137, Printer's No. 2110. In doing so, he line item vetoed an amount of $1.5 million to the Department SB 1137, TOGETHER WITH GOVERNOR'S ITEM of Commerce for furniture and equipment for the Pittsburgh VETO MESSAGE TAKEN FROM THE TABLE Convention Exposition Center. Without objection, Senator MESSINGER called from the ta­ The Constitution, Article IV, Section 16, provides, "The Gov­ ble SB 1137, together with the Governor's item veto message. ernor shall have power to disapprove of any item or items of The Clerk read the Governor's message as follows: any bill, making appropriations of money, embracing distinct September 28, 1978. items, and the part or parts of the bill approved shall be the law, and the item or items of appropriation disapproved shall To the Honorable, the Senate of the Commonwealth of Pennsylvania: be void, unless re-passed according to the rules and limitations prescribed for the passage of other bills over the Executive I have the honor to inform you that I have this day approved and signed Senate Bill No. 1137, Printer's No. 2110, entitled veto." "A Supplement to the act of (No. ), entitled 'An act pro­ Accordingly, Mr. President, I move that the Senate proceed viding for the capital budget for the fiscal year 1978-1979,' with the reconsideration and agree to pass Senate Bill No. itemizing public improvement projects of the Department of General services together with their estimated financial cost, 1137, Printer's No. 2110, the objections of the Governor to the authorizing the incurring of debt for the projects without ap­ contrary notwithstanding. proval of the electors to complete projects in the category of Senator DUFFIELD. Mr. President, I second the motion. public improvements by acquisition of original furniture and equipment to be acquired by the Department of General Serv­ The PRESIDING OFFICER. It has been moved by the gentle­ ices, stating the estimated useful life of such projects and mak­ man from Lehigh, Senator Messinger, and seconded by the gen­ ing an appropriation," except as to the following item: tleman from Fayette, Senator Duffield, that the Senate proceed Section 5. Appropriations. - The net proceeds of the sale of obli~ations herein authorized are hereby appropriated from the to reconsider Senate Bill No. 1137, Printer's No. 2110, and Capital Facilities Fund to the Department of General Services agree to pass the same, the objections of the Governor to the in the maximum amount of $3,407 ,500 to be used by it exclu­ contrary notwithstanding. The vote required for this motion is sively to defray the financial cost of public improvement proj­ ects consisting of the acquisition of original furniture and two-thirds of the Senators or thirty-four votes. equipment specifically itemized in this Capital Budget. After reserving or paying the expenses of the sale of the obligations, On the question, the State Treasurer shall pay out to the Department of General Will the Senate agree to the motion? Services the moneys as required and certified by it to be legally due and payable. The yeas and nays were taken agreeably to the provisions of I approve this item in the amount of $1,907,500. I withhold the Constitution and were as follows, viz: my approval from the remainder of said appropriation and debt authorization because one of the projects in the bill will be elim­ YEAS-42 inated. The project to be eliminated is: I. Dep_artment of Commerce ...... $1,500,000 Andrews, Hankins, Mellow, Ross, (1) GSA 1201-1, Convention-Exposition Arlene, Hess, Messinger, Scanlon, Center, City of Pittsburgh ...... $1,500,000 Coppersmith, Holl, Moore, Schaefer, (Base Furniture & Equipment Authorization Corman, Hopper, Murray, Smith, $1,4 70,000) Dougherty, Jubelirer, Nolan, Snyder, Although the Commonwealth has provided the funds for con­ Duffield, Kury, Noszka, Stapleton, structing this convention center for the City of Pittsburgh, it Dwyer, Lewis, O'Pake, Sweeney, will be a city-financed facility. It has been policy ever since the Early, Lynch, Orlando, Tilghman, Commonwealth first began constructing facilities of this type Furno, Manbeck, Reibman, Wood, for communities that it would furnish funds for the buildings, Gurzenda, McCormack, Romanelli, Zemprelli, but not to provide funds for the furnishing of municipally-oper­ Hager, McKinney, ated facilities such as this. To do so at this time would set an undesirable and costly precedent for the Commonwealth. At present the Commonwealth is constructing similar NAYS-5 centers in other areas of the State and if funding is provided to equip the Pittsburgh center, certainly the Commonwealth Bell, Howard, Kusse, Stauffer, would also be called upon to supply funds to equip the other Gekas, centers now under construction as well as those that would be built in the future. A constitutional two-thirds majority of all the Senators hav­ In view of our attempt to hold Capital Bond expenditures at ing voted "aye," the question was determined in the affirma­ the lowest possible level due to high amortization costs, and be­ tive, the objections of the Governor to the contrary notwith­ cause of the poor precedent which would be established, I have withheld my approval from that portion of the appropriation standing. required for this particular project. Ordered, That the Clerk present said bill to the House of Rep- . MILTON J. SHAPP. resentatives for concurrence.

RECONSIDERATION OF SB 1137 HOUSE CONCURRENT RESOLUTION NO. 257, THE OBJECTIONS OF THE GOVERNOR TO THE TAKEN FROM THE TABLE CONTRARY NOTWITHSTANDING Senator MESSINGER, without objection, called from the ta- SB 1137 (Pr; No. 2110) - Senator MESSINGER. Mr. ble, House Concurrent Resolution No. 257, entitled: 1978. LEGISLATIVE JOURNAL-SENATE 1121

General Assembly support United Nations' proclamation de­ NONPREFERRED APPROPRIATION BILL ON THIRD claring 1979 the International Year of the Child. CONSIDERATION AND FINAL PASSAGE On the question, HB 2709 (Pr. No. 3912) - Considered the third time and Will the Senate concur in the resolution? agreed to, And the amendments made thereto having been printed as SENATE CONCURS IN HOUSE CONCURRENT RESOLUTION NO. 257 required by the Constitution, Senator MESSINGER. Mr. President, I move that the Senate On the question, do concur in House Concurrent Resolution No. 257. Shall the bill pass finally? The motion was agreed to and the resolution was concurred The yeas and nays were taken agreeably to the provisions of in. the Constitution and were as follows, viz: Ordered, That the Clerk inform the House of Representatives accordingly. YEAS-42 Arlene, Hankins, McKinney, Romanelli, Bell, Holl, Mellow, Ross, CALENDAR Coppersmith, Hopper, Messinger, Scanlon, HB 2531 CALLED UP OUT OF ORDER Corman, Howard, Moore, Schaefer, Dougherty, Jubelirer, Murray, Smith, HB 2531 {Pr. No. 3911) - Without objection, the bill was Duffield, Kury, Nolan, Snyder, Dwyer, Kusse, Noszka, Sweeney, called up out of order, from page 3 of the Third Consideration Early, Lewis, O'Pake, Tilghman, Calendar by Senator MESSINGER. Fumo, Lynch, Orlando, Wood, Gekas, Manbeck, Reibman, Zemprelli, PREFERRED APPROPRIATION BILL ON Gurzenda, McCormack, THIRD CONSIDERATION AND FINAL PASSAGE NAYS-5

HB 2531 (Pr. No. 3911) - Considered the third time and Andrews, Hess, Stapleton, Stauffer, agreed to, Hager, And the amendments made thereto having been printed as A constitutional two-thirds majority of all the Senators hav­ required by the Constitution, ing voted "aye," the question was determined in the affirma­ On the question, tive. Shall the bill pass finally? Ordered, That the Clerk return said bill to the House of Rep­ resentatives with information that the Senate has passed the The yeas and nays were taken agreeably to the provisions of same with amendments in which concurrence of the House is the Constitution and were as follows, viz: requested. YEAS-47 HB 1702 CALLED UP OUT OF ORDER Andrews, Hager, McCormack, Ross, Arlene, Hankins, McKinney, Scanlon, HB 1702 {Pr. No. 3931) - Without objection, the bill was Bell, Hess, Mellow, Schaefer, called up out of order, from page 10 of the Third Consideration Coppersmith, Holl, Messinger, Smith, Calendar by Senator MESSINGER. Corman, Hopper, Moore, Snyder, Dougherty, Howard, Murray, Stapleton, BILL ON THIRD CONSIDERATION AND FINAL Duffield, Jubelirer, Nolan, Stauffer, PASSAGE Dwyer, Kury, Noszka, Sweeney, Early, Kusse, O'Pake, Tilghman, HB 1702 {Pr. No. 3931) - Considered the third time and Furno, Lewis, Orlando, Wood, agreed to, Gekas, Lynch, Reibman, Zemprelli, Gurzenda, Manbeck, Romanelli, And the amendments made thereto having been printed as required by the Constitution, NAYS-0 On the question, A constitutional majority of all the Senators having voted Shall the bill pass finally? "aye," the question was determined in the affirmative. Ordered, That the Clerk return said bill to the House of Rep­ The yeas and nays were taken agreeably to the provisions of resentatives with information that the Senate has passed the the Constitution and were as follows, viz: same with amendments in which concurrence of the House is YEAS-42 requested. Andrews, Hager, McCormack, Reibman, HB 2709 CALLED UP OUT OF ORDER Arlene, Hankins, McKinney, Romanelli, Coppersmith, Hess, Mellow, Ross, HB 2709 {Pr. No. 3912) - Without objection, the bill was Corman, Holl, Messinger, Scanlon, Dougherty, Hopper, called up out of order, from page 5 of the Third Consideration Moore, Schaefer. Duffield, Howard, Murray, Smith, Calendar by Senator MESSINGER. Dwyer, Jubelirer, Nolan, Snyder, 1122 LEGISLATIVE JOURNAL-SENATE November 15,

Early, Kury, Noszka, Stauffer, Gekas, Manbeck, Romanelli, Zemprelli, Furno, Lewis, O'Pake, Sweeney, Gurzenda, McCormack, Gekas, Lynch, Orlando, Zemprelli, Gurzenda, Manbeck, NAYS-1 NAYS-5 Hess, Bell, Stapleton, Tilghman, Wood, A constitutional majority of all the Senators having voted Kusse, "aye," the question was determined in the affirmative. A constitutional majority of all the Senators having voted Ordered, That the Clerk return said bill to the House of Rep­ "aye," the question was determined in the affirmative. resentatives with information that the Senate has passed the Ordered, That the Clerk return said bill to the House of Rep­ same with amendments in which the concurrence of the House resentatives with information that the Senate has passed the is requested. same with amendments in which concurrence of the House is HB 169 CALLED UP OUT OF ORDER requested. HB 169 (Pr. No. 3935) - Without objection, the bill was HB 163 CALLED UP OUT OF ORDER called up out of order, from page 8 of the Third Consideration HB 163 (Pr. No. 3924) - Without objection, the bill was Calendar by Senator MESSINGER. called up out of order, from page 8 of the Third Consideration BILL ON THIRD CONSIDERATION AND FINAL Calendar by Senator MESSINGER. PASSAGE BILL ON THIRD CONSIDERATION AND FINAL HB 169 (Pr. No. 3935) - Considered the third time and PASSAGE agreed to, HB 163 (Pr. No. 3924) Considered the third time and And the amendments made thereto having been printed as agreed to, required by the Constitution, And the amendments made thereto having been printed as On the question, required by the Constitution, Shall the bill pass finally? On the question, The yeas and nays were taken agreeably to the provisions of Shall the bill pass finally? the Constitution and were as follows, viz: Senator McKINNEY. Mr. President, I just want to inform my YEAS-46 colleagues, for all practical purposes, this is Senate Bill No. 272 which passed the Senate about six months ago. Andrews, Hager, McCormack, Ross, House Bill No. 163 had some objectionable features and the Arlene, Hankins, McKinney, Scanlon, Bell, Hess, Mellow, Schaefer, committee refused to bring it to the floor. So we gutted House Coppersmith, Holl, Messinger, Smith, Bill No. 163 and put Senate Bill No. 272, which passed the Sen­ Corman, Hopper, Moore, Snyder, ate, into House Bill No. 163. So, in effect, we are voting on Sen­ Dougherty, Howard, Murray, Stapleton, Duffield, Jubelirer, Nolan, Stauffer, ate Bill No. 272 all over again, which passed the Senate over­ Dwyer, Kury, Noszka, Sweeney, whelmingly. Early, Kusse, O'Pake, Tilghma11, Senator BELL. Mr. President, I speak in favor of this bill. Furno, Lewis, Orlando, Wood, Gekas, Lynch, Reibman, Zemprelli, Martin Luther King received his religious education in the Gurzenda, .Manbeck, Commonwealth of Pennsylvania in the Borough of Upland in NAYS-1 the County of Delaware, where I reside. He first preached, as a preacher, in the City of Chester and has his roots in Pennsyl­ Romanelli, vania. A constitutional majority of all the Senators having voted And the question recurring, "aye," the question was determined in the affirmative. Shall the bill pass finally? Ordered, That the Clerk return said bill to the House of Rep­ resentatives with information that the Senate has passed the The yeas and nays were taken agreeably to the provisions of same with amendments in which concurrence of the House is the Constitution and were as follows, viz; requested. YEAS-46 HB 406 CALLED UP OUT OF ORDER Andrews, Hager, McKinney, Ross, Arlene, Hankins, Mellow, Scanlon, HB 406 (Pr. No. 3878) - Without objection, the bill was Bell, Holl, Messinger, Schaefer, called up out of order, from page 8 of the Third Consideration Coppersmith, Hopper, Moore, Smith, Calendar by Senator MESSINGER. Corman, Howard, Murray, Snyder, Dougherty, Jubelirer, Nolan, Stapleton, BILL ON THIRD CONSIDERATION AND FINAL Duffield, Kury, Noszka, Stauffer, PASSAGE Dwyer, Kusse, O'Pake, Sweeney, Early, Lewis, Orlando, Tilghman, HB 406 (Pr. No. 3878) - Considered the third time and Furno, Lynch, Reibman, Wood, agreed to, 1978. LEGISLATIVE JOURNAL-SENATE 1123

And the amendments made thereto having been printed as resentatives with information that the Senate has passed the required by the Constitution, same without amendments.

On the question, HB 1022 CALLED UP OUT OF ORDER Shall the bill pass finally? HB 1022 (Pr. No. 3932) - Without objection, the bill was The yeas and nays were taken agreeably to the provisions of called up out of order, from page 9 of the Third Consideration the Constitution and were as follows, viz: Calendar by Senator MESSINGER.

YEAS-47 BILL ON THIRD CONSIDERATION AND FINAL PASSAGE Andrews, Hager, McCormack, Ross, Arlene, Hankins, McKinney, Scanlon, HB 1022 (Pr. No. 3932) - Considered the third time and Bell, Hess, Mellow, Schaefer, agreed to, Coppersmith, Holl, Messinger, Smith, Corman, Hopper, Moore, Snyder, And the amendments made thereto having been printed as Dougherty, Howard, Murray, Stapleton, required by the Constitution, Duffield, Jubelirer, Nolan, Stauffer, Dwyer, Kury, Noszka, Sweeney, On the question, Early, Kusse, O'Pake, Tilghman, Shall the bill pass finally? Furno, Lewis, Orlando, Wood, Gekas, Lynch, Reibman, Zemprelli, The yeas and nays were taken agreeably to the provisions of Gurzenda, 'Manbeck, Romanelli, the Constitution and were as follows, viz: NAYS-0 YEAS-47 A constitutional majority of all the Senators having voted Andrews, Hager, McCormack, Ross, "aye," the question was determined in the affirmative. Arlene, Hankins, McKinney, Scanlon, Ordered, That the Clerk return said bill to the House of Rep­ Bell, Hess, Mellow, Schaefer, resentatives with information that the Senate has passed the Coppersmith, Holl, Messinger, Smith, Corman, Hopper, Moore, Snyder, same with amendments in which concurrence of the House is Dougherty, Howard, Murray, Stapleton, requested. Duffield, Jubelirer, Nolan, Stauffer, Dwyer, Kury, Noszka, Sweeney, HB 1333 CALLED UP OUT OF ORDER Early, Kusse, O'Pake, Tilghman, Furno, Lewis, Orlando, Wood, HB 1333 (Pr. No. 3890) - Without objection, the bill was Gekas, Lynch, Reibman, Zemprelli, called up out of order, from page 9 of the Third Consideration Gurzenda, Manbeck, Romanelli, Calendar by Senator MESSING ER. NAYS-0 BILL ON THIRD CONSIDERATION AND FINAL PASSAGE A constitutional majority of all the Senators having voted "aye," the question was determined in the affirmative. HB 1333 (Pr. No. 3890) - Considered the third time and Ordered, That the Clerk return said bill to the House of Rep­ agreed to, resentatives with information that the Senate has passed the On the question, same with amendments in which concurrence of the House is Shall the bill pass finally? requested. The yeas and nays were taken agreeably to the provisions of HB 1358 CALLED UP OUT OF ORDER the Constitution and were as follows, viz: HB 1358 (Pr. No. 3933) - Without objection, the bill was YEAS-47 called up out of order, from page 9 of the Third Consideration Calendar by Senator MESSING ER. Andrews, Hager, McCormack, Ross, Arlene, Hankins, McKinney, Scanlon, Bell, Hess, Mellow, Schaefer, BILL ON THIRD CONSIDERATION AND FINAL Coppersmith, Holl, Messinger, Smith, PASSAGE Corman, Hopper, Moore, Snyder, HB 1358 (Pr. No. 3933) - Considered the third time and Dougherty, Howard, Murray, Stapleton, Duffield, Jubelirer, Nolan, Stauffer, agreed to, Dwyer, Kury, Noszka, Sweeney, And the amendments made thereto having been printed as Early, Kusse, O'Pake, Tilghman, required by the Constitution, Furno, Lewis, Orlando, Wood, Gekas, Lynch, Reibman, Zemprelli, On the question, Gurzenda, Manbeck, Romanelli, Shall the bill pass finally? NAYS-0 (During the calling of the roll, the following occurred:) A constitutional majority of all the Senators having voted Senator DUFFIELD. Mr. President, voting under a misappre- "aye," the question was determined in the affirmative. hension, I found out this was a PSEA bill, I would like to Ordered, That the Clerk return said bill to the House of Rep- change my vote from "aye" to "no." 1124 LEGISLATIVE JOURNAL-SENATE November 15,

The PRESIDING OFFICER. The gentleman will be so re- Ordered, That the Clerk return said bill to the House of Rep- corded. resentatives with information that the Senate has passed the same with amendments in which concurrence of the House is The yeas and nays were taken agreeably to the provisions of requested. the Constitution and were as follows, viz: YEAS-37 HB 1834 CALLED UP OUT OF ORDER

Andrews, Hankins, McKinney, Reibman, HB 1834 (Pr. No. 3938) - Without objection, the bill was Bell, Holl, Mellow, Romanelli, called up out of order, from page 10 of the Third Consideration Coppersmith, Hopper, Messinger, Ross, Calendar by Senator MESSINGER. Corman, Howard, Moore, Scanlon, Dougherty, Jubelirer, Murray, Smith, BILL ON THIRD CONSIDERATION AND FINAL Dwyer, Kusse, Nolan, Stapleton, PASSAGE Furno, Lewis, Noszka, Stauffer, Gekas, Lynch, O'Pake, Tilghman, HB 1834 (Pr. No. 3938) - Considered the third time and Gurzenda, McCormack, Orlando, Wood, agreed to, Hager. And the amendments made thereto having been printed as NAYS-9 required by the Constitution,

Duffield, Kury, Schaefer, Sweeney, On the question, Early, Manbeck, Snyder, Zemprelli, Shall the bill pass finally? Hess, The yeas and nays were taken agreeably A constitutional majority of all the Senators having voted to the provisions of "aye," the question was determined in the affirmative. the Constitution and were as follows, viz: Ordered, That the Clerk return said bill to the House of Rep­ YEAS-41 resentatives with information that the Senate has passed the same with amendments in which concurrence of the House is Andrews, Hess, McCormack, Romanelli, Arlene, Holl, McKinney, Ross, requested. Bell, Hopper, Mellow, Scanlon, Coppersmith, Howard, Messinger, Schaefer, HB 1785 CALLED UP OUT OF ORDER Dougherty, Jubelirer, Moore, Smith, Duffield, Kury, Murray, Stauffer, HB 1785 (Pr. No. 3937) - Without objection, the bill was Dwyer, Kusse, Noszka, Sweeney, called up out of order, from page 10 of the Third Consideration Furno, Lewis, O'Pake, Tilghman, Gekas, Lynch, Orlando, Wood, Calendar by Senator MESSINGER. Gurzenda, Manbeck, Reibman, Zemprelli, Hankins, BILL ON THIRD CONSIDERATION AND FINAL PASSAGE NAYS-6 HB 1785 (Pr. No. 3937) - Considered the third time and Corman, Hager, Snyder, Stapleton, agreed to, Early, Nolan, And the amendments made thereto having been printed as A constitutional majority of all the Senators having voted required by the Constitution, "aye," the question was determined in the affirmative. Ordered, That the Clerk return said bill to the On the question, House of Rep­ resentatives with information Shall the bill pass finally? that the Senate has passed the same with amendments in which concurrence of the House is The yeas and nays were taken agreeably to the provisions of requested. the Constitution and were as follows, viz: HB 2095 CALLED UP OUT OF ORDER YEAS-40 HB 2095 (Pr. No. 3939) - Without objection, the bill was Andrews, Hankins, Manbeck, Reibman, called up out of order, from page 11 of the Third Consideration Arlene, Hess, McCormack, Romanelli, Bell, Holl, McKinney, Ross, Calendar by Senator MESSINGER. Coppersmith, Hopper, Mellow, Scanlon, Dougherty, Howard, Messinger, Schaefer, BILL ON THIRD CONSIDERATION AND FINAL Duffield, Jubelirer, Moore, Smith, PASSAGE Dwyer, Kury, Murray, Stauffer, HB 2095 (Pr. No. 3939) - Considered the third time Furno, Kusse, Noszka, Sweeney, and Gekas, Lewis, O'Pake, Tilghman, agreed to, Gurzenda, Lynch, Orlando, Zemprelli, And the amendments made thereto having been printed as required by the Constitution, NAYS-7 On the question, Corman, Hager, Snyder, Wood, Early, Nolan, Stapleton, Shall the bill pass finally? A constitutional majority of all the Senators having voted The yeas and nays were taken agreeably to the provisions of "aye," the question was determined in the affirmative. the Constitution and were as follows viz: 1978. LEGISLATIVE JOURNAL-SENATE 1125

YEAS-47 regulate the price of goods sold to consumers. If someone went down to the Three Rivers Stadium without this law, it is con­ Andrews, Hager, McCormack, Ross, Arlene, Hankins, McKinney, Scanlon, ceivable that the concessionaire could say, okay, the price of Bell, Hess, Mellow, Schaefer, hot dogs is now $2.00. That is the net effect of it. Coppersmith, Holl, Messinger, Smith, There are contracts coming up at the present time in the Corman, Hopper, Moore, Snyder, Dougherty, Howard, Murray, Stapleton, County of Allegheny; and I am sure it involves every other mu­ Duffield, Jubelirer, Nolan, Stauffer, nicipality where the need for this legislation is required in or­ Dwyer, Kury, Noszka, Sweeney, der to overcome the impact of the Supreme Court decision. Early, Kusse, O'Pake, Tilghman, Fumo, Lewis, Orlando, Wood, That is the essense of this legislation. Gekas, Lynch, Reibman, Zemprelli, Senator STAUFFER. Mr. President, I believe the gentleman Gurzenda, Manbeck, Romanelli, from Allegheny, Senator Zemprelli, has properly pointed out NAYS-0 that the bill permits political subdivisions to control the prices of the merchandise sold by concessionaires. However, I think in A constitutional majority of all the Senators having voted his proper explanation he, perhaps, has misled us slightly. "aye," the question was determined in the affirmative. He points out that this could be a way to hold prices down for Ordered, That the Clerk return said bill to the House of Rep­ the consumer. By the same token, it could also result in things resentatives with information that the Senate has passed the working exactly the opposite. It could result instead of the hot same with amendments in which concurrence of the House is dog being sold for fifty cents with the municipality telling the requested. concessionaire they want that hot dog sold for seventy-five SB 705 CALLED UP OUT OF ORDER cents, or some other arrangements which might be worked out. I do not feel this bill is in the best interest of the consuming SB 705 (Pr. No. 2192) - Without objection, the bill was public. I pointed that out yesterday and I believe the majority called up out of order, from page 2 of the Calendar, under Bill agreed at that time we would be better without legislation of on Concurrence in House Amendments by Senator this type. I do not believe, in the past twenty-four hours, that MESSINGER. the situation has changed to such an extent that we should re· verse the negative vote we cast yesterday. BILL OVER IN ORDER Senator ZEMPRELLI. Mr. President, it is true that the power SB 705 - Without objection, the bill was passed over in its to maintain a price is equal to a power to increase the price. order at the request of Senator STAUFFER. However, we are dealing with captive audiences in these situa­ tions. Again, I allude to Three Rivers Stadium where there RECONSIDERATION OF HB 2654 might be 55,000 people at a football game and the water foun­ tain is shut off, so to speak. They have no place else to go. BILL ON FINAL PASSAGE The very common sense situation is, if that concessionaire HB 2654 (Pr. No. 3580)-Senator ROMANELLI. Mr. Presi­ who has been awarded an exclusive contract has the right to dent, I move that the Senate do now reconsider the vote by charge any price he wants to, then, of course, I believe the which House Bill No. 2654, Printer's No. 3580, failed of final chances of the price being in excess would be a great deal more passage on November 14, 1978. than they would be in the situation the gentleman from Senator ZEMPRELLI. Mr. President, I second the motion. Chester, Senator Stauffer, refers to. The motion was agreed to. I would suggest one other thing. These contracts, in the first instance, are let competitively so that in that contract itself, as And the question recurring, I understand it, the county commissioners would assert a price Shall the bill pass finally? which could be bid on competitively. I am sure that is one of the Senator ZEMPRELLI. Mr. President, the County Commis­ aspects which is needed so that they get away from the anti­ sioners of Allegheny County called attention to a very serious trust provision. problem that relates to the awarding of contracts by any mu­ Although I am here carrying a banner for Allegheny County nicipal government; not only the county governments but also at this moment, it is because there is an expediency with re­ local governments. It would appear that a recent United States spect to certain contracts they are bidding at this moment. Supreme Court case determined that the municipalities are sub· However, the situation is not exclusive to them. The Supreme ject to antitrust provisions. Therefore, an attempt on the part Court decision has ramifications as to every level of govern­ of a municipality to supervise the establishment of certain con­ ment down to the city council that wants to let a little con­ cession prices would, in fact, be a violation of the antitrust pro­ cession for its hot dog stands in swimming pools and so forth. I visions. feel it is good legislation; I believe we looked on it unfavorably The effect of this legislation is to allow the municipalities to, yesterday, not understanding what the legislation did. in fact, say to a concessionaire that they shall only charge sixty Mr. President, I would hope for an affirmative vote on the cents for a hot dog or twenty-five cents for a cup of coffee. The issue at this time. antithesis or other side of this is that without this legislation Senator ANDREWS. Mr. President, I desire to interrogate any government could not contract with a concessionaire and the gentleman from Allegheny, Senator Zemprelli. 1126 LEGISLATIVE JOURNAL-SENATE November 15,

The PRESIDING OFFICER. Will the gentleman from Alle­ Court case. I cannot make it any clearer than that. gheny, Senator Zemprelli, permit himself to be interrogated? Senator ANDREWS. Mr. President, I will accept the gentle­ Senator ZEMPRELLI. I will, Mr. President. man's word on that. Senator ANDREWS. Mr. President, I would ask the gentle­ If this becomes law and we give the power to public agencies man to turn to the paragraph beginning at line 19 on page 3. I to regulate prices, who is going to bid on a contract for leasing believe that is the paragraph which is being debated. It begins, space at the Greater Pittsburgh Airport if the Airport Author­ "Every public agency ..." I question, is there a definition of a ity or the County Commissioners have the option of setting the public agency? What are we talking about when we talk about a prices? public agency? Senator ZEMPRELLI. Mr. President, we are simply main­ Senator ZEMPRELLI. Mr. President, my feeling about any taining the situation the way it is now. The bill is the out­ public agency would be any quasi or fully-established public growth of a Supreme Court case which states you are not ex­ body. I am sure the drafters of the bill were thinking in terms cluded from the antitrust provisions. This is a status quo bill of authorities because most of the operations we were speaking which permits the practice which now exists to continue. The of and the specific thrust of this bill would deal with the decision that upset the applecart here is of recent vintage. It authority which operates Three Rivers Stadium. came down in June of 1978 and it determined that the public Senator ANDREWS. Then, Mr. President, I would presume agency is no longer exclusive of the antitrust provision. That is that this would also include the Greater Pittsburgh Airport, am why this legislation is needed in order to continue the present I correct? practice. Senator ZEMPRELLI. Yes, Mr. President. Senator ANDREWS. Mr. President, would I be correct in also Senator ANDREWS. Mr. President, in the Greater Pitts­ presuming under this paragraph that the public agency has the burgh Airport-I do not fly often-there are a number of coffee right to say that the coffee shop cannot permit tipping or any­ shops and magazine shops and places like that. Is it true then thing like that because it does relate to the terms and condi­ that the County Commissioners or whoever controls that facili­ tions as may be appropriate and to the quality, price and serv­ ty could then dictate prices so that there could be no price com­ ices? Therefore, they could prohibit tipping in the coffee shop petition among these various coffee shops? or wherever it might be? Senator ZEMPRELLI. Mr. President, I am not sure what the Senator ZEMPRELLI. Mr. President, if I understand the Second Class County Code provides. What I am saying here is nature of contracts, I doubt that very much because this is a that it would not be covered here. But assuming that the Sec­ contract between the concessionaire and the County of Alle­ ond Class County Code required that the contract be bid com­ gheny and not the party who is going to give the tip. petitively, then this bill would simply allow the authority to say Senator ANDREWS. Mr. President, I feel we are embarking that it had the right to regulate the prices, either by taking the into very foggy waters with this particular piece of legislation, bid competitively on a schedule of prices or asking for prices especially on the last day of Session. I am going to vote in op­ which were competitive within themselves. That is the essence position as I did yesterday. I believe we may be doing much of it, but, whether or not they would be competitively bid more than we think we are and there are a lot of areas which would be determined by the provisions of the Second Class personally give me a great deal of concern. County Code. Mr. President, I would urge a "no" vote on this. Senator ANDREWS. Mr. President, I am not thinking of Senator GEKAS. Mr. President, a reasonable interpretation competitive bidding of the contract itself. I am thinking of of this legislation would mean that the blind concessionaires coffee shop A, where I can get a cup of coffee for thirty cents, within the Capitol Complex would be directly affected by the and coffee shop B where I might get it for a quarter. There language of this act. would be no more price competition in the Greater Pittsburgh In effect, for reasons which are unforeseeable, the Common­ Airport if this became law, if they chose to exercise the prerog­ wealth, which is a public agency, could impose upon the blind atives they have. concessionaires a series of prices that could put them complete­ Senator ZEMPRELLI. Mr. President, I beg to differ with the ly out of business. The blind concessionaires in the Capitol de­ gentleman, because, as I understand it, each facility within the pend on the free market enterprise system for the sustenance Greater Pittsburgh Airport is there by virtue of a contract with of their livelihoods and I believe, if for no other reason, we the County of Allegheny. Again, I say to the gentleman: It de­ should vote negatively on this bill. pends upon how the County of Allegheny handles them. I un­ Senator STAUFFER. Mr. President, I recognize the situation derstand they are competitively bid so that in the matter of the gentleman from Allegheny, Senator Zemprelli, described structuring the competitive bids we are now saying the County regarding Three Rivers Stadium and I can be very sympathetic of Allegheny has the power to, in some fashion, dictate the reg­ to that type of situation. ulation of the amounts of money which can be charged for con­ I also would point out to my colleagues that we have had less cession goods, however that may be, but it would allow for the honorable situations in this Commonwealth. Actually, what I competitive nature of it. It presumes there is more or less a cap­ fear most are the types of things-there have been indictments tive audience and the bottom line, so to speak, is so that you do and convictions-requiring kick-backs from concessionaires for not have a distinct advantage with the concessionaire who can airports and other facilities in Pennsylvania. I believe that leg­ charge any price he wants to because of the recent Supreme islation of this type just presents the perfect climate in which 1978. LEGISLATIVE JOURNAL-SENATE 1127

that type of illegitimate activity can take place. That is really Ordered, That the Clerk return said bill to the House of Rep­ the reason I would oppose passage of this bill. resentatives with information that the Senate has passed the Senator DUFFIELD. Mr. President, a good example of this same without amendments. bill: Before I embark on an airplane I need a little medicine, libation, or something of that sort. On my last flight out of CONSIDERATION OF CALENDAR RESUMED Pittsburgh I dropped into a crummy little bar that seated about HB 1880 CALLED UP OUT OF ORDER a dozen or twenty or thirty people on stools and I ordered my favorite libation, a Martini. They charged me either $2.25 or HB 1880 (Pr. No. 3934) - Without objection, the bill was $2.50 for a watered-down Martini. I go to Lombardo's down called up out of order, from page 11 of the Third Consideration here and only pay $1.75 for a Martini in one of the best eating Calendar by Senator MESSINGER. places in the country. They were able to charge that kind of BILL ON THIRD CONSIDERATION AND FINAL price without any restraint. I was a captive audience and I was PASSAGE there because the County of Allegheny had provided the facili­ ties there, through leases. The same thing exists on the Turn­ HB 1880 (Pr. No. 3934) - Considered the third time and pike. You get a crummy hamburger on the Turnpike for $1.50 agreed to, or $2.00 or $3.00. There must be some sort of regulation over And the amendments made thereto having been printed as the people who have a monopoly. They can charge anything required by the Constitution, they want because they have the people there. The same thing On the question, applies to Three Rivers Stadium. We should see the hot dogs Shall the bill pass finally? there for seventy-five cents. A person cannot afford to take children to the football games anymore. The yeas and nays were taken agreeably to the provisions of Some control is necessary. We are afraid of the poor blind the Constitution and were as follows, viz: pensioner being restricted. Every blind counter I have gone to YEAS-47 charged a decent price for a cup of coffee or a hot dog, but these big business people and the monopolies, which have been set up Andrews, Hager, McCormack, Ross, Arlene, Hankins, McKinney, Scanlon, by county taxpayers' money and State taxpayers' money, are Bell, Hess, Mellow, Schaefer, ripping off the public. Coppersmith, Holl, Messinger, Smith, Senator BELL. Mr. President, I ride the Turnpike and I do Corman, Hopper, Moore, Snyder, Dougherty, Howard, Murray, Staplet.on, not like the prices charged either; however, I just read this bill Duffield, Jubelirer, Nolan, Stauffer, and if the regulations are violated there is no penalty. Dwyer, Kury, Noszka, Sweeney, Early, Kusse, O'Pake, Tilghman, And the question recurring, Fumo, Lewis, Orlando, Wood, Shall the bill pass finally? Gekas, Lynch, Reibman, Zemprelli, Gurzenda, Manbeck, Romanelli,_ (During the calling of the roll, the following occurred:) NAYS-0 Senator SWEENEY. Mr. President, I would like to change my vote from "no" to "aye." A constitutional majority of all the Senators having voted The PRESIDING OFFICER. The gentleman will be so record­ "aye," the question was determined in the affirmative. ed. Ordered, That the Clerk return said bill to the House of Rep­ resentatives with information that the Senate has passed the The yeas and nays were taken agreeably to the provisions of same with amendments in which concurrence of the House is the Constitution and were as follows, viz: requested. YEAS-27 REPORTS OF COMMITTEES OF CONFERENCE Arlene, Holl, Messinger, Ross, REPORTS ADOPTED Corman, Kury, Murray, Scanlon, Dougherty, Lewis, Nolan, Schaefer, SB 76 (Pr. No. 2218) - Senator MESSINGER. Mr. Duffield, Lynch, Noszka, Smith, President, I move that the Senate adopt the Report of Commit­ Early, McCormack, O'Pake, Sweeney, Fumo, McKinney, Orlando, Zemprelli, tee of Conference on Senate Bill No. 76, entitled: Gurzenda, Mellow, Romanelli, An Act amending the act of June 3, 1937 (P. L. 1333, No. NAYS-20 320), entitled "Pennsylvania Election Code" further providing for contributions or expenditures by unincorporated associa­ Andrews, Hager, Jubelirer, Snyder, tions, anonymous contributions, cash contributions, and con­ Bell, Hankins, Kusse, Staplet.on, tributions by agents, further providing for lawful election ex­ Coppersmith, Hess, Manbeck, Stauffer, penses and providing penalties. Dwyer, Hopper, Moore, Tilghman, On the question, Gekas, Howard, Reibman, Wood, Will the Senate agree to the motion? A constitutional majority of all the Senators having voted Senator ANDREWS. Mr. President, I desire to interrogate "aye," the question was determined in the affirmative. the gentleman from Philadelphia, Senator Smith. 1128 LEGISLATIVE JOURNAL-SENATE November 15,

The PRESIDING OFFICER. Will the gentleman from Phila­ The yeas and nays were taken agreeably to the provisions of delphia, Senator Smith, permit himself to be interrogated? the Constitution and were as follows, viz: Senator SMITH. I will, Mr. President. YEAS-47 Senator ANDREWS. Mr. President, I call the attention of the gentleman to page 3 of this bill in which we have set forth Andrews, Hager, McCormack, Ross, "Lawful Election Expenses." The only thing I really want to get Arlene, Hankins, McKinney, Scanlon, Bell, Hess, Mellow, Schaefer, is some legislative intent in that regard. I see no place where I Coppersnrith, Holl, Messinger, Smith, can hire poll workers or hire people to man telephone banks or Corman, Hopper, Moore, Snyder, whatever it might be in a campaign unless, possibly, that could Dougherty, Howard, Murray, Stapleton, Duffield, Jubelirer, Nolan, Stauffer, be assumed under Section (8) which is at the· top of page 4 Dwyer, Kury, Noszka, Sweeney, where it says: "For expenses, legal counsel," and so forth and Early, Kusae, O'Pake, Tilghman, whether that could be included under "for expenses." Fumo, Lewis, Orlando, Wood, Gekas, Lynch, Reibman, Zemprelli, The question I have is: Is there an intention by this bill to Gurzenda, Manbeck, Romanelli, limit a candidate's right to hire poll workers or to hire person­ NAYS-0 nel to go door·to-door or stand at shopping centers or man phone banks or any such thing like that? A constitutional majority of all the Senators having voted Senator SMITH. Mr. President, it was never the legislative "aye," the question was determined in the affirmative. intent to limit or control any legal expense now in force and Ordered, That the Clerk inform the House of Representatives effect by this bill. accordingly. Senator ANDREWS. Mr. President, we are placing limita­ tions, in effect, by this bill and it nowhere specifies we can use SB 195 (Pr. No. 2204) - Senator MESSINGER. Mr. that. We can have watchers at the polls but I do not know the President, I move that the Senate adopt the Report of Commit· definition of a watcher. To me that is always somebody who tee of Conference on Senate Bill No. 195, entitled: checks to see who has voted and who has not voted, rather than An Act amending Title 18 (Crimes and Offenses) of the Penn· passing out campaign materials. I just want to make sure we sylvania Consolidated Statutes, further Jilroviding for sentenc­ ing and providing for alteration of identification mark on per­ are not, by inadvertence, putting limitations on the kind of sonal property. campaign a candidate may conduct. Senator SMITH. Mr. President, if I recall properly, starting On the question, at line 15 on page 3, under Section 1634.1 and going through Will the Senate agree to the motion? page 4, line 6 (9), these were the old legal expenses given in the The yeas and nays were taken agreeably to the provisions of old law. We reinserted it in the Conference Report to Senate the Constitution and were as follows, viz: Bill No. 76. So what now exists in law is incorporated in the YEAS-47 Conference Report on Senate Bill No. 7 6. Mr. President, that is the only recall I have in putting to­ Andrews, Hager, McCormack, Ross, gether the Conference Report. Arlene, Hankins, McKinney, Scanlon, Bell, Hess, Mellow, Schaefer, Senator ANDREWS. Then, Mr. President, am I to under­ Coppersnrith, Holl, Messinger, Snrith, stand, by the insertion of this section, Section 1634.1, we are Corman, Hopper, Moore, Snyder, doing nothing to change the laws of Pennsylvania with respect Dougherty, Howard, Murray, Stapleton, Duffield, Jubelirer, Nolan, Stauffer, to political expenditures of a candidate running for office? Dwyer, Kury, Noszka, Sweeney, Senator SMITH. Mr. President, that is what I said in the Early, Kusse, O'Pake, Tilghman, beginning. There is no intent to limit the candidate. Fumo, Lewis, Orlando, Wood, Gekas, Lynch, Reibman, Zemprelli, Senator FUMO. Mr. President, I desire to interrogate the Gurzenda, Manbeck, Romanelli, gentleman from Philadelphia, Senator Smith. NAYS-0 The PRESIDING OFFICER. Will the gentleman from Phila· delphia, Senator Smith, permit himself to be interrogated? A constitutional majority of all the Senators having voted Senator SMITH. I will, Mr. President. "aye," the question was determined in the affirmative. Senator FUMO. Mr. President, I believe this language is dif­ Ordered, That the Clerk inform the House of Representatives ferent. I wish I had a copy of Purdons with me to verify this. I accordingly. believe in the old act you were able to purchase equipment such as office equipment, et cetera, for a campaign. That is not in SB 748 (Pr; No. 2211) Senator MESSINGER. Mr. here either. President, I move that the Senate adopt the Report of Commit­ Senator SMITH. Mr. President, I said there was no intent to tee of Conference on Senate Bill No. 7 48, entitled: change the existing law. The wording may be different, but the AnActamendingtheactof June2, 1915(P. L. 736, No. 338), intent is the same as the existing law. entitled, as amended, "The Pennsylvania Workmen's Compen­ sation Act," providing coverage for volunteer rescue and life­ Senator FUMO. Mr. President, I thank the gentleman. saving squads and further defining employe to include volun­ teers in the State Parks and Forests Program, deputy game And the question recurring, protectors, special waterway patrolmen and to volunteers in Will the Senate agree to the motion? connection with forest fire protection and providing benefits. 1978. LEGISLATIVE JOURNAL-SENATE 1129

On the question, An Act amending Titles 75 (Vehicles) and 42 (Judiciary and Will the Senate agree to the motion? Judicial Procedure) of the Pennsylvania Consolidated Statutes, adding and changing provisions relating to vehicles and pedes· The yeas and nays were taken agreeably to the provisions of trians. the Constitution and were as follows, viz: On the question, YEAS-47 Will the Senate agree to the motion?

Andrews, Hager, McCormack, Ross, Senator STAUFFER. Mr. President, when there is a bill as Arlene, Hankins, McKinney, Scanlon, large as this with as many items as it contains, obviously every­ Bell, Hess, Mellow, Schaefer, thing cannot be in a bill. For example, I am one who believes Coppersmith, Holl, Messinger, Smith, Corman, Hopper, Moore, Snyder, that the nonwearing of helmets by motorcyclists should be a Dougherty, Howard, Murray, Stapleton, matter of personal choice and not mandated by law. On the Duffield, Jubelirer, Nolan, Stauffer, other hand, I recognize that there are many important and Dwyer, Kury, Noszka, Sweeney, Early, Kusse, O'Pake, Tilghman, good things in this legislation. Fumo, Lewis, Orlando, Wood, For that reason, Mr. President, I intend to vote for the bill Gekas, Lynch, Reibman, Zemprelli, and I hope in the coming Session we will deal with those several Gurzenda, Manbeck, Romanelli, issues which need further consideration. NAYS-0 Senator KURY. Mr. President, I desire to interrogate the gentleman from Philadelphia, Senator Lynch. A constitutional majority of all the Senators having voted The PRESIDING OFFICER. Will the gentleman from Phila­ "aye," the question was determined in the affirmative. delphia, Senator Lynch, permit himself to be interrogated? Ordered, That the Clerk inform the House of Representatives Senator LYNCH. I will, Mr. President. accordingly. Senator KURY. Mr. President, would the Chairman of the BB 792 (Pr. No. 3914)- Senator MESSINGER. Mr. Presi­ Committee of Conference advise the Senate of the contents of dent, I move that the Senate adopt the Report of Committee of this bill with regard to studded tires? Conference on House Bill No. 792, entitled: Senator LYNCH. Is there enough time, Mr. President? The Committee of Conference met and, after long debate, we An Act amending the act of December 15, 1959 (P. L. 1779, No. 673), entitled, as amended, "An act relating to fish, frogs, came to a happy medium. The studded tires would be allowed tadpoles and turtles; and amending, revising, consolidating and until April 30, 1979. Other provisions in the bill are: the wear­ changing the law relating to fish in the inland waters and the ing of helmets; the price of the inspection sticker was main­ boundary lakes and boundary rivers of the Commonwealth," further providing for resident fishing licenses for persons tained at twenty-five cents instead of raising it to fifty cents. I sixty-five years of age and older, and changing the license fees. believe the most controversial issues in the bill were the stud­ On the question, ded tires and the wearing of helmets. Will the Senate agree to the motion? Senator KURY. Mr. President, I would like to ask the Chair­ man of the Committee of Conference one other question. I have The yeas and nays were taken agreeably to the provisions of been advised by the Department of Transportation and others the Constitution and were as follows, viz: that the use of studded tires inflicts approximately $40 million YEAS-47 to $50 million damage to our highways a year. Was any cost estimate made of what the extension of studded tires to next Andrews, Hager, McCormack, Ross, April would mean to the Commonwealth in terms of increased Arlene, Hankins, McKinney, Scanlon, Bell, Hess, Mellow, Schaefer, expenditures for repairs to the highways come next spring? Coppersmith, Holl, Messinger, Smith, Senator LYNCH. Mr. President, I do not know what the cost Corman, Hopper, Moore, Snyder, would be. We contacted the acting Secretary of Transportation, Dougherty, Howard, Murray, Stapleton, Duffield, Jubelirer, Nolan, Stauffer, George Pulakos in Boston. He felt that rather than having Dwyer, Kury, Noszka, Sweeney, everything else in this bill defeated, the Department would go Early, Kusse, O'Pake, Tilghman, along with the extension to April 30th. I have no cost factor. Fumo, Lewis, Orlando, Wood, Gekas, Lynch, Reibman, Zemprelli, Senator KURY. Mr. President, I shall vote against the bill. It Gurzenda, Manbeck, Romanelli, is foolish for us to pass a bill which will inflict significant dam­ age on our highways for another nine or ten months. We have NAYS-0 enough financial trouble with our highways and I cannot see A constitutional majority of all the Senators having voted compounding the problem. "aye," the question was determined in the affirmative. Senator ROMANELLI. Mr. President, the figures which have Ordered, That the Clerk inform the House of Representatives been brought forward about the damage being done to Pennsyl­ accordingly. vania's highways from studded tires were compiled when stud­ ded tires were permitted all year long. People used to buy re­ BB 1171 (Pr. No. 3904)- Senator MESSINGER. Mr. Presi­ treaded tires with studs in them, leave them in until they wore dent, I move that the Senate adopt the Report of Committee of out so they could have fresh tires for the following winter. That Conference on House Bill No. 1171, entitled: is no longer possible. There are no updated figures. There are 1130 LEGISLATIVE JOURNAL-SENATE November 15, new types of studs today; they use studs made of hard rubber. Frankly, Mr. President, I resent it and I will continue to vote I cannot help but feel that those $40 million or $50 million "no." figures are wrong. They are way off. Until we get some updated And the question recurring, figures, I would not vote against the bill for that reason. Will the Senate agree to the motion? Senator ORLANDO. Mr. President, most of the Members have heard me speak often enough on this piece of legislation. I The yeas and nays were taken agreeably to the provisions of will try to be brief. the Constitution and were as follows, viz: I attempted to see the Governor yesterday morning-he re­ YEAS-34 fused to see me-to try to reach an agreement with him. Both the Senate Committee on Transportation and House Commit­ Arlene, Hankins, McCormack, Romanelli, tee on Transportation have worked long and hard for two years Coppersmith, Holl, McKinney, Scanlon, Mellow, things in this bill Corman, Hopper, Schaefer, on this piece of legislation. There are many Dougherty, Jubelirer, Moore, Snyder, which the Governor or the Administration and the Department Duffield, Kelley, Nolan, Stapleton, of Transportation desire action on at this particular time. The Dwyer, Kusse, O'Pake, Stauffer, Orlando, One of the aides who was sent out Early, Lewis, Tilghman, Governor refused to see me. Gekas, Lynch, Reibman, Zemprelli, to talk to me told me the Governor was still going to veto this Gurzenda, Manbeck, bill. NAYS-14 A question was asked of the Governor at a press conference, either on Monday or Tuesday, what about the cars from out of Andrews, Hess, Murray, Smith, state? I tell all the Members that all the states surrounding Bell, Howard, Noszka, Sweeney, Furno, Kury, Ross, Wood, Pennsylvania do permit studded tires. Connecticut just began Hager, Messinger, using studded tires. The question was asked of the Governor: having voted What about the cars coming into Pennsylvania with studded A constitutional majority of all the Senators tires? Are they going to be arrested, too? It was told to me that "aye," the question was determined in the affirmative. he said, no, they would not be arrested. Yet, we as taxpayers Ordered, That the Clerk inform the House of Representatives and citizens of Pennsylvania will be banned from using studded accordingly. coming into tires, but it is perfectly all right for anyone else SB 1477 (Pr. No; 2215) Senator MESSINGER. Mr. Presi­ Pennsylvania with studded tires. dent, I move that the Senate adopt the Report of Committee of Another thing I feel we should consider is that winter sports Conference on Senate Bill No. 1477, entitled: are very important in Pennsylvania. We have thousands of peo­ ple coming in on Fridays, Saturdays and Sundays to use the An Act providing a comprehensive procedure for the presen- tation of tort claims against political subdivisions. beautiful ski slopes which we have in Pennsylvania. This means there are many people coming in here spending hundreds of On the question, dollars over a weekend. These people will not be able to come Will the Senate agree to the motion? into Pennsylvania unless they change their tires before they Senator DUFFIELD. Mr. President, I desire to interrogate drive into our State. This will affect the economy of the Com­ the gentleman from Bucks, Senator Lewis. monwealth. It is another reason why I wanted to ask him not to The PRESIDING OFFICER. Will the gentleman from Bucks, veto the bill. Senator Lewis, permit himself to be interrogated? Mr. President, I feel this bill should be passed because of the Senator LEWIS. I will, Mr. President. other important features in the bill. . Senator DUFFIELD. Mr. President, this is a very important Senator HAGER. Mr. President, I have heard the gentleman bill changing the concept of liability on municipalities and de­ from Erie, Senator Orlando, speak about studded tires so often creasing the amounts. For my elucidation-just having this that I thought there was nothing new he could add, but he Conference Report placed on my desk-would the gentleman added a bit of a contradiction. If we had the time and if it were advise the Senate what the major changes are between the Con­ really important to continue the colloquy, I would ask him to ference Report and the bill we passed in the Senate? explain how it is that nobody will be arrested if they come in Senator LEWIS. Mr. President, there were four basic from out of state and yet, nobody will be able to come in on the changes made. weekends. Apparently they will be immune from arrest Mon­ In the Senate version of the bill, political subdivisions could day through Friday, but on weekends, if they come in to ski, be liable under any legal circumstance except those which were they will be turned back at the border. specifically excluded. The Conference Committee Report The fact is, Mr. President, we have been over this so often it adopts the House opinion which is, that political subdivisions seems to me there is really only one point. This Senate has, on will have no liability except for those subject areas which are numerous occasions, rejected studded tires. This Senate has, on specifically enumerated; the difference being one of giving this numerous occasions, rejected the mandatory wearing of hel­ Legislature the opportunity to enumerate, by definition, the mets. A legislative ploy brings them back to the floor again. If subject areas of liability as opposed to having the possibility of we want the rest of this bill, we have got to go for studded tires wide open areas for liability, except for those which have spe­ and helmets. cifically been limited and excluded. 1978. LEGISLATIVE JOURNAL-SENATE 1131

The second major area of change came as a result of a change adoption of that language was not to provide limitations but made by the House. The Senate version required that political rather to provide the broadest possible opportunity for in­ subdivisions were mandated to defend actions involving their clusion of motor vehicles. For example, we know that munic­ employees and required to provide indemnification for those ipalities frequently have occasion to use things like various employees unless the incident alleged was one of willful mis­ types of road equipment, graders and steamrollers, items of conduct or criminal activity. The House version made the in­ that sort which may not, traditionally, be included in statutory demnification and defense a permissive circumstance at the definitions of motor vehicles. It was our intention to be certain discretion of the political subdivision. The Conference Commit­ that any vehicle being used by or operated on behalf of the po­ tee Report adopts the Senate version which mandates the de­ litical subdivision would be included within that definition. fense and the indemnity. That is why we went further to also include the definitions of A third major change is with regard to maximum liability ex­ rail, air and water so that we were not limiting it simply to ve­ posure for the municipality. In the original version presented to hicles that were traveling on the land. the Senate there was a $500,000 per person liability limitation Senator DUFFIELD. Mr. President, does not the gentleman and a $1 million per incident liability limitation. Because of concede that this is bad terminology in this bill? questions raised, principally by the gentleman from Fayette, Senator LEWIS. No, I do not concede that, Mr. President. In Senator Duffield, I introduced an amendment, which was fact, I had hoped by the statement I just made to show that it adopted by the Senate, eliminating any maximum liability ex­ was enlightened terminology. posure. The House adopted liability limitations of $100,000 per Senator DUFFIELD. Mr. President, I can see that this will person and $300,000 per incident. The Conference Committee cause quite a few appeals because I cannot see why the term bill strikes a compromise between the original Senate version "self-propelled" is in there at all. and the House version by adopting a $500,000 per incident li­ One more question: Suppose the municipality, the City of ability limitation. Philadelphia or the City of Pittsburgh, operates a stadium and Additionally, the Senate bill adopts the House concept of in­ the stadium collapses-through the negligence of the city, of serting a threshold before permitting any action for recovery course, assuming that-is that covered under this bill? for pain and suffering. That threshold requirement is similar to Senator LEWIS. Yes, Mr. President. On page 3, line 19, the no-fault law but the threshold is $1,500. However, there is which defines political subdivision, the gentleman will see that no threshold requirement for cases which involve property it also includes any authority created by one or more political damage, but there is for death or permanent loss of body func­ subdivisions, any board, commission, committee, department, tion or disfigurement. instrumentality, or entity thereof. Mr. President, I believe those are the principal changes in Senator DUFFIELD. I realize that, Mr. President. What I am this Conference Committee Report over the bill as originally referring to is that there are only certain types of acts by the passed by the Senate. city under this bill under which an action can be brought. As­ Senator DUFFIELD. Mr. President, there is one other matter suming that they are subject to liability, is there any provision here I would like to now clear up. Assume that a city truck in this bill that would cover that type of accident where a sta­ comes down the street and strikes and kills someone through dium collapses and kills twenty or thirty people? the negligent operation of the city driver. Senator LEWIS. Mr. President, it is my opinion that the bill On page 4, subparagraph (1), at the bottom of the page, under would specifically permit recovery on the part of those people "Actions or activities which may impose liability," subpara· who were so injured provided that the collapse of the stadium graph (1) says: "The operation of any motor vehicle in the pos­ was the result of a negligent act on the part of the political sub­ session or control of the political subdivision." That sounds all division or one of its employees. If the cause for the collapse of right. But then it goes on to say: "As used in this paragraph, the stadium was an act of God, for example, then there would 'motor vehicle' means any vehicle which is self-propelled and be no liability. any attachment thereof, including vehicles operated by rail, Senator DUFFIELD. Mr. President, we are not talking about through water or in air." acts of God, we are assuming there is liability in the city or the Mr. President, does that mean that if a city driver is driving a municipality; under subsection (1) it is the operation of a motor truck that he is propelling himself; that it is not self-propelled vehicle; under (2) it is the care, custody or control of personal and he hits somebody that that person cannot recover? property of others; under (3) the care, custody or control of real Senator LEWIS. Mr. President, a truck is self-propelled. If it property in the possession of the political subdivision; under happens to be operated by a driver, he is not propelling it, so (4) a dangerous condition of traffic lights, lights or other traffic the person certainly could recover. controls, street lights and so forth. Five, six and seven continue Senator DUFFIELD. Mr. President, what is the difference be­ about sidewalks, streets and animals. I would be hard pressed tween a self-propelled vehicle and a nonself-propelled vehicle? to find the authorization in this bill to bring an action against a "Self-propelled" is without a driver, it is on its own. If I am an municipality if a stadium collapsed. insurance company attorney in a case like this and there is an Senator LEWIS. Mr. President, I believe the distinguished accident with a city truck I will say that the truck was not self­ gentleman is well aware that a stadium would qualify under propelled, it was operated by an operator. anyone's definition of real property and the right to recover for Senator LEWIS. Mr. President, the intention behind the negligent acts involving real property is specifically set forth as 1132 LEGISLATIVE JOURNAL-SENATE November i.5, the gentleman mentioned. However, I would like to get legislative intent into the record Senator DUFFIELD. Mr. President, I believe this bill has on one subject. I am talking about the volunteer firemen. After several errors in it that should have been cleared up. However, I make a very brief presentation on this, I would like to ask the the basic thing wrong with this bill is that it limits the aggre­ gentleman from Bucks, Senator Lewis, to give us legislative in­ gate amount of damages that can be recovered to the amount of tent. $500,000. I believe that is unconscionable. At Three Rivers Sta­ I come from the Borough of Upland; the volunteer firemen of dium if a piece of stone would happen to fall and kill three or the fire company in Upland are, under this, the employees of four people, through the negligence of the City of Pittsburgh, the Borough of Upland. What happens when those volunteer or, if a roof at the airport would collapse and injure or maim firemen go to an adjacent borough which also has a fire com­ fifty people, the limits they could recover in such an event-if pany and someone is injured? I would like it made clear as to there were fifty people-would be $10,000 each. the legislative intent of this piece of legislation as to whose em­ These catastrophes occur today as recently evidenced by the ployees they are. Are they the employees of the borough from helicopter flight over a town in Westmoreland County where whence they came, or are they the employees of the borough in several people were killed; there was serious injury to many, which they are fighting the fire or, to make it more compli­ many others. If this would apply to that situation, they would cated, maybe they are going to a third community? be limited to damages of $500,000 for everybody involved. Senator LEWIS. Mr. President, the definition of employee of These catastrophes are happening more and more frequently, a political subdivision, beginning on line 4, on page 3, specifi­ where crowds gather, where the city attracts crowds. cally includes volunteer firemen, as I know the gentleman from Mr. President, I realize the necessity for some limitation. The Delaware, Senator Bell, is aware. However, it goes on to state expenses on the city, the taxpayers and so forth, might be in­ more specifically that it is any person who is acting on behalf of ordinate to what their property valuation is or what they can a political subdivision, whether on a permanent or temporary pay; nevertheless, if I am driving up the Turnpike tonight as an basis. Therefore, I believe, in this particular situation, if mu­ individual and I happen to have a wreck where three or four nicipality A has a fire that is occurring which is beyond the ca­ people are killed, there is no limit to the liability that can be pacity of the firemen within that municipality and, in their nor­ placed upon me. mal course of seeking assistance, they request that volunteer In this day and age where the verdicts are becoming higher firemen from community B to come in to assist, it would seem and higher because of the increase in medical expenses, hospi­ to me that the interpretation and the intent would be that mun­ talizations, et cetera, I can conceive very easily where quite a icipality A would, in fact, be the employer at that time in the few of our citizens, attending a city function or municipal event any questions of liability subsequently arose. function, could be injured and not be adequately compensated Senator BELL. Mr. President, I thank the gentleman. This is for their injuries. We must balance the equities in the case. A the interpretation I have likewise put on it, the place where the limit of $500,000 in the aggregate for any injury today is very fire is located is the temporary employer and has the liability to ill advised in my opinion. I feel it is poor legislation to do that. answer and the duty to provide legal assistance. This also Perhaps an aggregate of $2 million or $3 million might be more applies, Mr. President, in those areas where the fire alarm is in keeping. blown, automatically the companies come from without the After all, Mr. President, the city does not pay these compen­ borough because they all help each other. Therefore, Mr. Pres­ sations. It would put up their insurance premiums, but they all ident, I am going under the assumption that the legislative in­ have liability insurance for these matters just as I do on my car. tent is that the employer is the municipality in which the fire or If I would hit somebody with my car, they would not recover a emergency exists. thing, but I am obligated to carry the insurance. Senator LEWIS. Mr. President, as a point of information for Also, the threshold of medical expenses before a person can the Members of the Senate, they may have noticed upon sue for pain and suffering is $1,500 which is double the thresh­ looking at the face sheet of the Conference Committee Report old of no-fault. I do not think this is a consumer's bill. That is a that one of the Conferees from the Senate had not signed the good name to use when you try to pass any bill today. I do not report. I feel an explanation is in order. think this is for the benefit of the consumers. Basically, the The third Conferee was the gentleman from Washington, $500,000 limitation is, I think, highly inordinate for the possi­ Senator Stout, who fully participated in the activities of the bilities today of injuries to large groups of people at civic Committee of Conference. He gave his oral agreement to the re­ functions in any municipality. port which we concluded should have been put together and, in Senator BELL. Mr. President, I desire to interrogate the gen­ fact, the report which is before us today. Between the time of tleman from Bucks, Senator Lewis. that oral agreement and the actual writing of the report, there The PRESIDING OFFICER. Will the gentleman from Bucks, was the unfortunate death in the gentleman's family which re­ Senator Lewis, permit himself to be interrogated? quired him to immediately leave the Capitol. He did so and, Senator LEWIS. I will, Mr. President. therefore, was not physically present to affix his signature to Senator BELL. Mr. President, I feel this is a very fine piece of the report. However, he had orally agreed to the full report work. I know there will be some bugs in it which will develop, which is contained here today. but I believe the Committee of Conference has done an out­ Senator SWEENEY. Mr. President, I desire to interrogate standing job. the gentleman from Bucks, Senator Lewis. 1978. LEGISLATIVE JOURNAL-SENATE 1133

The PRESIDING OFFICER. Will the gentleman from Bucks, NAYS-4 Senator Lewis, permit himself to be interrogated? Bell, Gurzenda, Ross, Stapleton, Senator LEWIS. I will, Mr. President. Senator SWEENEY. Mr. President, is there any set of cir­ A constitutional majority of all the Senators having voted cumstances under the provisions of this bill where the aggre­ "aye," the question was determined in the affirmative. gate liability would exceed the limitations set forth on page 11, Ordered, That the Clerk inform the House of Representatives line 30, namely, a half million dollars? accordingly. Senator LEWIS. Mr. President, I am certain that circum­ stances could exist in which liability in the aggregate might ex­ ceed that amount. However, the limitation is such that the po­ MRS. WILLIAM W. SCRANTON ID litical subdivision would not be required to make a payment in PRESENTED TO SENATE excess of the $500,000. Senator HAGER. Mr. President, for the past three days we And the question recurring, have been fortunate enough to have William W. Scranton III, Will the Senate agree to the motion? the Lieutenant Governor-elect-"Young Bill Scranton" as he has been known-with us. Today we have the whole family. In The yeas and nays were taken agreeably to the provisions of the gallery is a much more charming and certainly much more the Constitution and were as follows, viz: beautiful member of the family, Mrs. William W. Scranton III. YEAS-42 Mr. President, would you please ask Coral to stand so that we Andrews, Hess, McCormack, Romanelli, might extend to her our usual very, very, warm welcome. Bell, Holl, McKinney, Ross, The PRESIDING OFFICER. Would Mrs. Scranton please Coppersmith, Hopper, Mellow, Scanlon, stand so that we might extend the usual warm welcome of Corman, Howard, Messinger, Schaefer, the Dougherty, Jubelirer, Moore, Snyder, Senate? Dwyer, Kelley, Murray, Stapleton, (Applause.) Early, Kury, Noszka, Stauffer, The PRESIDING OFFICER. The Chair would like to congrat- Gekas, Kusse, O'Pake, Tilghman, Gurzenda, Lewis, Orlando, Wood, ulate both you and your husband and to caution you that this is Hager, Lynch, Reibman, Zemprelli, an early night. Sometime during the next four years Bill might Hankins, Manbeck, not get home until 4:00 o'clock in the morning and you will NAYS-6 know where he is. Arlene, Furno, Smith, Sweeney, REPORT FROM COMMITTEE ON Duffield, Nolan, RULES AND EXECUTIVE NOMINATIONS A constitutional majority of all the Senators having voted Senator ROSS, by unanimous consent, from the Committee "aye," the question was determined in the affirmative. on Rules and Executive Nominations, reported the following Ordered, That the Clerk inform the House of Representatives nominations, made by His Excellency, the Governor, which accordingly. were read by the Clerk as follows: HB 1863 (Pr. No. 3925) - Senator MESSINGER. Mr. Presi­ MEMBER OF THE PENNSYLVANIA GAME dent, I move that the Senate adopt the Report of Committee of COMMISSION Conference on House Bill No. 1863, entitled: September 7, 1978. An Act amending Title 42 (Judiciary and Judicial Procedure) To the Honorable, the Senate of the Commonwealth of of the Pennsylvania Consolidated Statutes, adding judges to Pennsylvania: certain courts of common pleas and providing for optional traffic courts and for subpoenas in criminal proceedings. In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate James S. Biery, Sr., On the question, (District Eight), 835 Chew Street, Allentown 18102, Lehigh Will the Senate agree to the motion? County, Sixteenth Senatorial District, for appointment as a member of the Pennsylvania Game Commission, to serve until The yeas and nays were taken agreeably to the provisions of the third Tuesday of January, 1985, and until his successor shall have been appointed and qualified, vice Edwin J. Brooks, the Constitution and were as follows, viz: Lansdale, whose term expired. YEAS-44 MILTON J. SHAPP. Andrews, Hankins, Manbeck, Reibman, PROTHONOTARY, IN AND FOR THE COUNTY Arlene, Hess, McCormack, Romanelli, OF MERCER Coppersmith, Holl, McKinney, Scanlon, Corman, Hopper, Mellow, Schaefer, September 26, 1978. Dougherty, Howard, Messinger, Smith, To the Honorable, the Senate of the Commonwealth of Duffield, Jubelirer, Moore, Snyder, Pennsylvania: Dwyer, Kelley, Murray, Stauffer, Early, Kury, Nolan, Sweeney, In conformity with law, I have the honor hereby to nominate Furno, Kusse, Noszka, Tilghman, for the advice and consent of the Senate Mrs. Betty J. De Vito, Gekas, Lewis, O'Pake, Wood, 307 West Market Street, Mercer 16137, Mercer County, Fif­ Hager, Lynch, Orlando, Zemprelli, tieth Senatorial District, for appointment as Prothonotary, in 1134 LEGISLATIVE JOURNAL-SENATE November 15, and for the County of Mercer, to serve until the first Monday of COMMISSIONER OF PROFESSIONAL AND January, 1980, vice James C. Griffin, deceased. OCCUPATIONAL AFFAIRS MILTON J. SHAPP. September 7, 1978. MEMBER OF THE BOARD OF TRUSTEES OF To the Honorable, the Senate of the Commonwealth of EBENSBURG CENTER Pennsylvania: November 14, 1978. In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate James G. Krause, 14 To the Honorable, the Senate of the Commonwealth of South Third Street, Lebanon 17042, Lebanon County, Forty­ Pennsylvania: eight Senatorial District, for appointment as Commissioner of In conformity with law, I have the honor hereby to nominate Professional and Occupational Affairs, to serve until super­ for the advice and consent of the Senate Mrs. Barbara J. Kline, seded, pursuant to Act 124, approved July 1, 1978. 218 East Horner Street, Ebensburg 15931, Cambria County, MILTON J. SHAPP. Thirty-fifth Senatorial District, for appointment as a member of the Board of Trustees of Ebensburg Center, to serve until the third Tuesday of January 1979, and until her successor is ap­ pointed and qualified, vice Ms. Elvina J. Owen, Johnstown, re­ MEMBERS OF THE STATE BOARD OF PUBLIC signed. WELFARE MILTON J. SHAPP. October 12, 1978. To the Honorable, the Senate of the Commonwealth of MEMBER OF THE BOARD OF TRUSTEES OF Pennsylvania: FARVIEW STATE HOSPITAL In conformity with law, I have the honor hereby to nominate November 14, 1978. for the advice and consent of the Senate the following for ap­ To the Honorable, the Senate of the Commonwealth of pointment as members of the State Board of Public Welfare: Pennsylvania: Mrs. Dorothy Austin, 2346 North Beechwood Street, Phila­ delphia 19132, Philadelphia County (Reappointment), Third In conformity with law, I have the honor hereby to nominate Senatorial District, to serve until June 7, 1984, and until suc­ for the advice and consent of the Senate Fergus T. Monahan, cessor is appointed and qualified. DSW, 711 North Webster Avenue, Scranton 18510, Lackawan­ Louis H. Wilderman, 1901 John F. Kennedy Boulevard, na County, Twenty-second Senatorial District for appointment Apartment 2721, Philadelphia 19103, Philadelphia County, as a member of the Board of Trustees of Farview State Hos­ Second Senatorial District, to serve until June 7, 1984, and un­ pital, to serve until the third Tuesday of January 1983, and un­ til his successor is appointed and qualified, vice Ms. Edith til his successor is appointed and qualified, vice Paul Bernat, Elaine Abdullah, Pittsburgh, whose term expired. Dickson City, resigned. MILTON J. SHAPP. MILTON J. SHAPP. MEMBER OF THE STATE BOARD OF LANDSCAPE ARCHITECTS MEMBER OF THE BOARD OF TRUSTEES OF October 6, 1978. WESTERN RESTORATION CENTER To the Honorable, the Senate of the Commonwealth of November 13, 1978. Pennsylvania: To the Honorable, the Senate of the Commonwealth of In conformity with law, I have the honor hereby to nominate Pennsylvania: for the advice and consent of the Senate the following for reap­ In conformity with law, I have the honor hereby to nominate pointment as a member of the State Board of Landscape Archi­ for the advice and consent of the Senate Doctor Marion Louise tects: Beaver, Apartment 627, 1717 Penn Avenue, Pittsburgh 15221, Theodore R. Fritzinger (Landscape Nurseryman), 1315 Penn­ Allegheny County, Thirty-eighth Senatorial District, for ap­ sylvania Street, Whitehall 18052, Lehigh County, Sixteenth pointment as a member of the Board of Trustees of Western Senatorial District, to serve until July 12, 1981, and until his Restoration Center, to serve until the third Tuesday of January successor is appointed and qualified. 1979, and until her successor is appointed and qualified, vice MILTON J. SHAPP. David Epperson, Pittsburgh, resigned. MILTON J. SHAPP. MEMBER OF THE PENNSYLVANIA MINORITY BUSINESS DEVELOPMENT AUTHORITY September 26, 1978. MEMBER OF THE STATE PLANNING BOARD To the Honorable, the Senate of the Commonwealth of August 24, 1978. Pennsylvania: To the Honorable, the Senate of the Commonwealth· of In conformity with law, I have the honor hereby to nominate Pennsylvania: for the advice and consent of the Senate the following for ap­ pointment as a member of the Pennsylvania Minority Business In conformity with law, I have the honor hereby to nominate Development Authority: for the advice and consent of the Senate Arthur A. Davis., 5838 Eugene Smith, Jr., 124 Wilker Street, Aliquippa 15001, Bea­ Marlborough Avenue, Pittsburgh 1521'7, Allegheny County, ver County, Forty-seventh Senatorial District, to serve until Forty-third Senatorial District, for appointment as a member June 2, 1983, and until his successor shall be duly appointed of the State Planning Board, to serve until December 13, 1980, and qualified, vice Edward W. Robinson, Jr., Esq., Philadel­ and until his successor is appointed and has qualified, vice W. phia, whose term expired. Wilson Goode, Philadelphia, resigned. MILTON J. SHAPP. MILTON J. SHAPP. 1978. LEGISLATIVE JOURNAL-SENATE 1135

MEMBER OF THE BOARD OF TRUSTEES OF CONSIDERATION OF EXECUTIVE NOMINATIONS HAMBURG CENTER Senator ROSS asked and obtained unanimous consent for November 15, 1978. immediate consideration of the nominations made by His Ex- To the Honorable, the Senate of the Commonwealth of cellency, the Governor, and reported from committee at today's Pennsylvania: Session. In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate Charles James Farber, NOMINATION TAKEN FROM THE TABLE 524 Jefferson Street, Pottsville 17901, Schuylkill County, Twenty-ninth Senatorial District, for appointment as a mem­ Senator ROSS. Mr. President, I call from the table for consid­ ber of the Board of Trustees of Hamburg Center, to serve until eration the nomination reported from committee today and the third Tuesday of January, 1981, and until his successor is previously read by the Clerk for James S. Biery, Sr., as a mem­ appointed and qualified, vice Melvin Daniel Clouser, Pottsville, deceased. ber of the Pennsylvania Game Commission, which requires a two-thirds majority vote. MILTON J. SHAPP. On question, MEMBER OF THE BOARD OF THE the PENNSYLVANIA NURSING HOME LOAN AGENCY Will the Senate advise and consent to the nomination? November 14, 1978. (During the calling of the roll, the following occurred:) To the Honorable, the Senate of the Commonwealth of Senator SMITH. Mr. President, I would like to change my Pennsylvania: vote from "aye" to "no." In conformity with law, I have the honor hereby to nominate The PRESIDING OFFICER. The gentleman will be so record­ for the advice and consent of the Senate Marvin Finkelstein, ed. 2665 Barry Lane, Huntingdon Valley 19006, Montgomery County, Twelfth Senatorial District, for appointment as a The yeas and nays were taken agreeably to the provisions of member of the Board of the Pennsylvania Nursing Home Loan the Constitution and were as follows, viz: Agency, to serve until October 10, 1981, and until his successor is appointed and qualified. YEAS-32 MILTON J. SHAPP. Arlene, Hankins, Messinger, &manelli, DISTRICT JUSTICE Coppersmith, Hopper, Moore, &ss, Murray, 26, 1978. Corman, Jubelirer, S..:anlon, July Duffield, Kelley, Nolan, Schaefer, To the Honorable, the Senate of the Commonwealth of Early, Kury, Noszka, Snyder, Pennsylvania: Furno, Lynch, O'Pake, Stapleton, Gekas, McKinney, Orlando, Sweeney, In conformity with law, I have the honor hereby to nominate Gurzenda, Mellow, Reibman, Zemprelli, for the advice and consent of the Senate Mrs. Nancy W. Moore, 515 Gilbertsville Road, R. D. #1, Boyerstown 19512, Mont­ gomery County, Twenty-fourth Senatorial District, for ap­ NAYS-15 pointment as District Justice in and for the County of Mont­ gomery, Class 3, District 02, to serve until the first Monday of Andrews, Hager, Kusse, Stauffer, January, 1980, vice Jack B. Greenberg, Gilbertsville, resigned. Bell, Hess, Lewis, Tilghman, Dougherty, Holl, Manbeck, Wood, MILTON J. SHAPP. Dwyer, Howard, Smith, DISTRICT JUSTICE November 15, 1978. Less than a two-thirds majority of all the Senators having voted "aye," the question was determined in the negative. To the Honorable, the Senate of the Commonwealth of Pennsylvania: Ordered, That the Governor be informed accordingly. In conformity with law, I have the honor hereby to nominate NOMINATION TAKEN FROM THE TABLE for the advice and consent of the Senate Mrs. Helen Marie Carter, R. D. #4, Box 357, North Franklin Township 15301, Senator ROSS. Mr. President, I call from the table for consid­ Washington County, Forty-sixth Senatorial District, for ap­ eration the nomination reported from committee today and pointment as District Justice in and for the County of Wash­ ington, Class 1, District 01, to serve until the first Monday of previously read by the Clerk for Mrs. Betty J. De Vito, as Pro­ January, 1980, vice John Luongo, Washington, resigned. thonotary, in and for the County of Mercer, which requires a MILTON J. SHAPP. two-thirds majority vote. On the question, EXECUTIVE NOMINATIONS Will the Senate advise and consent to the nomination? EXECUTIVE SESSION Senator DWYER. Mr. President, this nominee has twice run Motion was made by Senator ROSS, for county row office in Mercer County and on both occasions That the Senate do now resolve itself into Executive Session has been defeated despite the fact that her party enjoys a com­ for the purpose of considering certain nominations made by the fortable registration margin. I feel it would be inadvisable for Governor. us to place her in office when the voters in Mercer County have Which was agreed to. twice rejected her for county office. 1136 LEGISLATIVE JOURNAL-SENATE November 15,

Therefore, Mr. President, I would urge a "no" vote on the January, 1980, vice Honorable Maxwell L. Ominsky, Manda- nomination. tory retirement. Senator KELLEY. Mr. President, I do not know the nominee MILTON J. SHAPP. but I would like to tell the gentlemen on the other side of the On the question, aisle if that standard just articulated by the gentleman from Will the Senate advise and consent to the nomination? Crawford, Senator Dwyer, were to prevail, they would never have had the great Republican leader, Abraham Lincoln, and Senator HAGER. Mr. President, I desire to interrogate the this country would have been without a President. gentleman from Beaver, Senator Ross. Senator DWYER. Mr. President, I would just mention that The PRESIDING OFFICER. Will the gentleman from Bea- Abraham Lincoln was never nominated for prothonotary of ver, Senator Ross, permit himself to be interrogated? Mercer County. Senator ROSS. I will, Mr. President. Senator HAGER. Mr. President, it was my understanding And the question recurring, that these two nominees were to run together. Has there been a Will the Senate advise and consent to the nomination? change in plans and if so, would the gentleman advise the (During the calling of the roll, the following occurred:) Senate of that? Senator KURY. Mr. President, I would like to change my Senator ROSS. The gentleman from Philadelphia, Senator vote from "aye" to "no." Hankins, has requested to be heard on this nomination. The PRESIDING OFFICER. The gentleman will be so record­ Senator HAGER. May I have an answer to the inquiry, Mr. ed. President? Senator ROSS. Mr. President, I believe one of the gentlemen The yeas and nays were taken agreeably to the provisions of is in the District of the gentleman from Philadelphia, Senator the Constitution and were as follows, viz: Hankins. YEAS-11 PERSONAL PRIVILEGE Lynch, Nolan, Romanelli, Schaefer, McKinney, O'Pake, Ross, Smith, Senator HANKINS. Mr. President, I rise to a point of person­ Murray, Orlando, Scanlon, al privilege. The PRESIDING OFFICER. The gentleman from Philadel­ NAYS-36 phia, Senator Hankins, will state it. Andrews, Furno, Jubelirer, Noszka, Senator HANKINS. Mr. President, I would like to make this Arlene, Gekas, Kelley, Reibman, ' statement in fairness to all of the Senators and advise them at Bell, Gurzenda, Kury, Snyder, this time that I intend to exercise Senatorial courtesy on the Coppersmith, Hager, Kusse, Stapleton, Corman, Hankins, Lewis, Stauffer, next nominee for Judge, James McGirr Kelley for Municipal Dougherty, Hess, Manbeck, Sweeney, Court. Duffield, Holl, Mellow, Tilghman, Senator HAGER. Mr. President, may we be at ease. Dwyer, Hopper, Messinger, Wood, Early, Howard, Moore, Zemprelli, The PRESIDING OFFICER. The Senate will be at ease. (The Senate was at ease.) Less than a two-thirds majority of all the Senators having The PRESIDING OFFICER. The matter before us is the con­ voted "aye," the question was determined in the negative. firmation of Stanley W. Bluestine. As I interpreted the re­ Ordered, That the Governor be informed accordingly. marks of Senator Hankins, he is asserting Senatorial privilege NOMINATION TAKEN FROM THE TABLE against James McGirr Kelly, whose name is not before the Sen­ ate at this time. At this time we are voting on the appointment Senator ROSS. Mr. President, I call from the table for consid­ of Stanley W. Bluestine. eration the nomination of Stanley W. Bluestine, Esquire, as Judge, Municipal Court of Philadelphia, which requires a two­ Senator DUFFIELD. Mr. President, we have witnessed here thirds majority vote. this afternoon a situation that is, in my opinion, quite deplor­ This nomination was previously laid on the table September able. We are bringing the political situation into the selection 26, 1978. of judicial candidates. These candidates all appeared before our The Clerk read the nomination as follows: Committee on Judiciary. They were all men of high caliber, they were selected through the screening process. I know one JUDGE, MUNICIPAL COURT OF PHILADELPIDA man personally who happens to be a member of the other September 6, 1978. Party, James McGirr Kelly. I had met the other two gentlemen To the Honorable, the Senate of the Commonwealth of who were defeated here, previously. Pennsylvania: The president of the Bar Association from Lehigh County-I fu conformity with law, I have the honor hereby to nominate do not even know his name-came up and vouched for Mr. Dief­ for the advice and consent of the Senate Stanley W. Bluestine, enderfer's qualifications. The gentleman from Lawrence Coun­ Esquire, 110 Beth Drive, Philadelphia 19115, Philadelphia ty appeared and made a clean breast of everything about him, County, Sixth Senatorial District, for appointment as Judge, Municipal Court in and for the City of Philadelphia, First Judi­ his personal finances and everything. They are eminently qual­ cial District of Pennsylvania, to serve until the first Monday of ified, all of these men, to be judge. But, we are permitting po lit- 1978. LEGISLATIVE JOURNAL-SENATE 1137

ical bickering between the two Parties and we are ruining the nominees to the Senate, will at least talk to the leaders of the future of four good men. Senate as to who might be accepted by the Senate. These people I do not believe this is the way the Senate of Pennsylvania have been sent over without such conferences. should act. "You do not vote for mine, I will not vote for yours." Under the Constitution, although the Governor has the Mr. President, these people have gone through intensive judi­ power to nominate, the Senate has the power to confirm. In­ cial screening. If there was any one black mark on their record, stead of running a one man show at the other end of the Capi­ it would have been brought out but, more than that, the Senate tol, I know that the Majority Party of the next Senate is going Committee on Judiciary unanimously reported them to the to insist that the next Governor discuss nominees with them. floor of the Senate. There was not one negative aspect; James Senator KURY. Mr. President, I just want to say I listened N. Diefenderfer and Thomas A. Shumaker, the two who are very carefully to the gentleman from Fayette, Senator Duf­ presently before us, or will be before us, are men whose future field. I believe the gentleman made a great speech for one of his we are crucifying on petty political politics. last days here in the Senate of Pennsylvania. I agree with al­ The Republican candidate is the only one I know. I can attest most everything the gentleman said. that he is an outstanding individual, that he was an eminent I believe it ill behooves this Senate to put these candidates member of the Public Utility Commission for ten years; I just through this process and then, when we get to the floor of the do not understand this type of playing. We are dealing with Senate, someone says he wishes to invoke Senatorial courtesy. I professional men. We are not dealing with some right-of-way have not heard any objections to any of these candidates until superintendent on the highway, we are dealing with men who we got to the floor when somebody invoked Senatorial cour­ have earned their laurels, who have received the plaudits of the tesy. If we are going to have Senatorial courtesy, it should be screening committee of their respective Bar Associations. Also, for a valid reason. I believe we have an obligation to these peo­ we are making a mockery of the Committee on Judiciary. Both ple who are nominated to get that reason out before we get to Republicans and Democrats were on that committee and these the floor of the Senate. men were unanimously reported out of committee. Mr. President, I believe the gentleman from Fayette, Senator Mr. President, I believe this is playing games. If somebody Duffield, is absolutely right. These people have been examined. has anything against a particular candidate or knows anything They have been before the Committee on Judiciary. Who spoke about him, I do not question his right to vote against him but I up against them? The gentleman from Berks, Senator O'Pake, do not believe, because we have three Democrats and one Re­ is here. Did anybody speak up against these people before the publican, that the Democrats should vote against the one Re­ gentleman's committee? That is the committee examining publican and the Republicans should vote against the three them. We are supposed to examine these people and say wheth­ Democrats. er they are qualified or not. We worry about the press. If the press wants a big story they I respect any Senator's right to say he objects to somebody should print this story. If everyone shakes when the press is because they are not qualified but I have not heard that men­ ·around, get a hold of this story. The Senate of Pennsylvania is tioned tonight. All I hear is this holy phrase: "Senatorial cour­ crucifying four men, destroying their future; men of unques­ tesy." We are making a joke of the Senate tonight. The gentle­ tionable ethics, men of unquestionable ability, men who re­ man from Fayette, Senator Duffield, is absolutely right. ceived the unanimous vote of the Senate Committee on Judi­ ciary, yet we are playing games with these four individuals. I MOTION TO LAY NOMINATION ON THE TABLE think it stinks and believe that all four should be confirmed. Senator NOLAN. Mr. President, we have heard what we are Otherwise, forget about the judicial selection committee, forget doing to the persons nominated by the Governor, but no one about them having to travel all this way to appear before the has mentioned what we are doing to the families of these nomi­ Senate Committee on Judiciary; it is useless, because once we nees. I am sure the nominees have big shoulders and they can get on the floor, we play games. I believe the press should pick stand a turndown by this Senate, but can anyone imagine what this up if they want a juicy story rather than try to cover up their families and children are going to go through at school to­ this story. This is a heck of a situation. morrow when it is in the newspaper that their father had been As I said, out of the four, I only know one of them personally turned down without a reason? Think of those things. An indi­ and I can vouch and attest for that man I know personally and vidual's family can be ruined. They are the ones who suffer. other people have. Believe me, if there was one iota of any scan­ For that reason, Mr. President, I move that these nomina­ dal, if they had even been caught in the rumble seat when they' tions be laid on the table rather than see them bloodied and cru­ were sixteen years of age, it would have been brought up cified at this time. against them. Nothing was brought up against these four indi­ Senator HAGER. Mr. President, I second the motion. viduals. On the question, Mr. President, I would request the Senate to wake up, do the Will the Senate agree to the motion? right thing and confirm all four of these individuals who are up for consideration. Senator LEWIS. Mr. President, I ask for a roll call vote. I feel Senator BELL. Mr. President, what the gentleman has just if we do not have the guts to stand up and vote either "yes" or referred to, I am sure will be corrected by the next Governor be­ "no" for two people who are obviously qualified, we cannot run cause it is obvious that the next Governor, before he sends away from it and duck it by taking a vote on a motion to table 1138 LEGISLATIVE JOURNAL-SENATE November 15,

which has the same effect as knocking these people down. I Corman, Hess, Kusse, Stauffer, strongly oppose the motion to table and ask for a roll call vote. Dougherty, Holl, Manbeck, Tilghman, Dwyer, Hopper, Moore, Wood, POINT OF INFORMATION NAYS-27 Senator HAGER. Mr. President, I rise to a point of informa­ Arlene, Kelley, Murray, Scanlon, tion. Coppersmith, Kury, Noszka, Schaefer, The PRESIDING OFFICER. The gentleman from Lycoming, Duffield, Lewis, O'Pake, Smith, Senator Hager, will state it. Early, Lynch, Orlando, Stapleton, clarification, I Furno, McKinney, Reibman, Sweeney, Senator HAGER. Mr. President, if I may, for Gurzenda, Mellow, Romanelli, Zemprelli, thought the motion made by the gentleman from Allegheny, Hankins, Messinger, Ross, for the Municipal Senator Nolan, was to the two nominees So the question was determined in the negative, and the mo­ Court in Philadelphia. tion was defeated. The PRESIDING OFFICER. At the time, Senator, the only question before the Senate was the nomination of Stanley W. And the question recurring, Bluestine. Will the Senate advise and consent to the nomination? Senator HAGER. Mr. President, does a motion to table not Senator MELLOW. Mr. President, I desire to interrogate the take precedence? I believe his motion referred to these candi­ gentleman from Dauphin, Senator Gekas. dates. The PRESIDING OFFICER. Will the gentleman from Dau­ The PRESIDING OFFICER. Senator Nolan, was your motion phin, Senator Gekas, permit himself to be interrogated? to table both Stanley W. Bluestine and James Kelly? Senator GEKAS. I will, Mr. President. Senator NOLAN. Mr. President, my motion includes both Senator MELLOW. Mr. President, would the gentleman tell candidates. us if he attended the public hearing on behalf of the nominee? Senator DUFFIELD. Mr. President, I agree wholeheartedly Senator GEKAS. I did not, Mr. President. with the gentleman from Bucks, Senator Lewis, on this matter. Senator MELLOW. Mr. President, can the gentleman tell us I do not believe tabling cures anything or puts any halo around if he or any member of his staff made a recommendation or pre­ their heads. They still have the blemish that they did not make pared a critique on the qualifications of the nominee based on it. the public hearing held on Monday? Mr. President, I am asking the gentleman from Allegheny, Senator GEKAS. No, Mr. President, not on the nominee be­ Senator Nolan, ifhe will withdraw his motion. fore us. Senator ROSS. Mr. President, the only name read from the Senator MELLOW. Mr. President, could the gentleman tell list of nominations was Stanley W. Bluestine. us if the Minority members of the committee had any discus­ The PRESIDING OFFICER. As I understand the situation, sion on the qualifications of the gentleman now under consider­ Senator, James Kelly is on the table right now, is that correct? ation? Senator ROSS. Yes, Mr. President, that is correct. Senator GEKAS. No, Mr. President. The PRESIDING OFFICER. So that, really, the only nomina­ Senator LEWIS. Mr. President, I desire to interrogate the tion which can be tabled at this point would be Stanley Blue­ gentleman from Berks, Senator O'Pake. stine. The PRESIDING OFFICER. Will the gentleman from Berks, Senator ROSS. That is correct, Mr. President. Senator O'Pake, permit himself to be interrogated? The PRESIDING OFFICER. That motion has been seconded Senator O'PAKE. I will, Mr. President. by Senator Hager. Senator LEWIS. Mr. President, can the gentleman tell us if The question before the Senate is, there were any negative votes on this nominee when the ques­ Shall the Senate table the nomination of Stanley W. Blue- tion was considered by the Committee on Judiciary? stine, Esquire? Senator O'PAKE. Mr. President, there were no negative votes when the qualifications of Mr. Bluestine were passed And the question recurring, upon by the Senate Committee on Judiciary which was several Will the Senate agree to the motion? weeks ago. This was not on Monday. (During the calling of the roll, the following occurred:) Senator LEWIS. Mr. President, can the gentleman tell us, at Senator HANKINS. Mr. President, I would like to change my the time the nominee was considered by the Committee on vote from "aye" to "no." Judiciary, whether members of the Minority Party were in at­ The PRESIDING OFFICER. The gentleman will be so re­ tendance and participated in that vote and that deliberation? corded. Senator O'P AKE. Yes, they were, Mr. President. Senator LEWIS. Mr. President, can the gentleman tell us if The yeas and nays were required by Senator LEWIS and were he or anyone in his office has, since the time of that considera­ as follows, viz: tion until this very moment here on the floor this evening, re­ YEAS-20 ceived any information of a negative nature, any complaints or any objections to this nominee from anyone in this Senate Andrews, Gekas, Howard, Nolan, Bell, Hager, Jubelirer, Snyder, Chamber? 1978. LEGISLATIVE JOURNAL-SENATE 1139

Senator O'P AKE. Absolutely none, Mr. President. willing to vote for both of these men. I knew nothing about any Senator LEWIS. Thank you, Mr. President and I thank the commitment. Could the gentleman advise us with whom the gentleman. commitment was made and what it was? Mr. President, I did not know Stanley Bluestine until he was Senator HAGER. Mr. President, both of these men were to nominated for this position by the Governor. I have since had run together. I am prepared to vote for both of these men and I the opportunity to meet with him on a number of occasions, in­ am prepared to vote against both of these men. the meeting of the Committee on Judiciary just refer­ cluding Senator DUFFIELD. Mr. President, the gentleman did not enced. I have become enormously impressed with this in­ answer my question. With whom was the commitment made dividual. and what was the commitment? I am only one out of twenty­ He has been a very active lawyer who has a tremendous repu- some here on this side of the aisle and I knew nothing about it tation before the Bar in Philadelphia. I listened carefully when and I do not believe our leadership knew. Could I ask specifical­ the gentleman from Allegheny, Senator Nolan, talked about ly with whom this commitment was made? the impact of a vote, especially a negative vote, upon a family. I Senator HAGER. Mr. President, half of the question I am thought he was talking specifically about Stanley Bluestine be­ willing to answer. The commitment was made that these two cause I know what this job means to him. I know what it means judges for the municipal court would run together. So far as the to his family. I know if he is not confirmed, they are going to balance of the question is concerned, no, I am not willing to take it very personally and very sever.ely. answer as to which specific Senator or Senators made the com­ Mr. President, I believe every deliberation of the Committee mitment, simply for the reason that we are all going to be here on Judiciary has shown that the man's record is impeccable; his together for a long, long time. But the fact is, those commit­ qualifications are excellent; he deserves, because of his reputa­ ments were made, not only to me but to other members of our tion and his past performance, to be a member of the Bench of caucus. the Municipal Court in Philadelphia. Mr. President, I would urge, based upon qualifications, that Senator DUFFIELD. Mr. President, maybe the gentleman every Member of this Chamber vote in the affirmative on this can answer in the negative. Was the commitment made with nomination. any of the Democratic leadership on this side of the aisle? Senator HAGER. Mr. President, it appears to me to be a time Senator HAGER. Mr. President, I am not going to engage in for candor. I am going to ask every Member of this Senate, on twenty questions but I will answer that one, yes. the basis of just the integrity of this Senate and the value of Senator DUFFIELD. It was made with evasiveness, Mr. commitments made, to vote "no" on this nomination. Very President. This is typical of what has been going on in this Sen­ bluntly and very obviously, Mr. President, there was a commit­ ate. We were not advised in our caucus, and I was there, of any ment that these two gentlemen would be placed before us commitment. I do not like to go back on commitments either. together. That commitment no longer holds. That being the We were not advised by any leadership in our caucus of any case it seems very clear and very obvious to me that if those commitments toward any judge, toward any appointments. commitments cannot be honored, there is no reason whatsoever This is all news to me that there was a commitment made. for us to support any such agreement. Mr. President, I am willing to vote for all four nominees. I The point is, Mr. President, we are at the end of an Adminis­ made no commitments to anybody. I was just impressed by the tration now. There have been two men on this Calendar, both gentlemen. I try not to hurt anybody. We are hurting people as of whom were supposedly qualified. It is all too easy to honor a I said here tonight. I believe if they are qualified they should be Senatorial privilege with respect to one and, therefore, vitiate judges regardless of commitments. an agreement. Senator MESSINGER. Mr. President, I was not aware of any The fact is, is it being said that politics plays some part in commitment. I do not know who the commitments were made this? At the end of an Administration, pretty obviously it does. to concerning running these two together. If I had.known such For those reasons and until those commitments can be met, I a thing I certainly would have advised the caucus of it. I do not would ask all the Members of this Senate to vote "no." know that anyone in the leadership on this side ever heard of Senator ROSS. Mr. President, I know of no commitments as such a commitment. far as the Committee on Rules and Executive Nominations is Senator O'P AKE. Mr. President, I believe the record should concerned, nor any other ones. That was a beautiful speech by show that on September 25, 1978, after a hearing on the quali­ the gentleman from Lycoming, Senator Hager. fications of this nominee in the Senate Committee on Ju­ Senator DUFFIELD. Mr. President, I desire to interrogate diciary, the vote was fifteen in favor, none opposed; the only the gentleman from Lycoming, Senator Hager. Republican not voting was the gentleman from Lawrence, The PRESIDING OFFICER. Will the gentleman from Lycom­ Senator Andrews. ing, Senator Hager, permit himself to be interrogated? Senator KELLEY. Mr. President, I rise to make a point of Senator HAGER. I will, Mr. President. privilege for the Body. Senator DUFFIELD. Mr. President, being one of the troops The PRESIDING OFFICER. I never heard of a point of and not knowing too much about commitments or anything, I privilege for the Body. would ask the gentleman what commitment he is referring to? I Senator KELLEY. Mr. President, Mason's Manual provides knew nothing about any commitment here on the floor. I am for a point of personal privilege and a point of privilege to the 1140 LEGISLATIVE JOURNAL-SENATE November 15,

Body. Since we are generally guided by Mason's Manual, I raise In conformity with law, I have the honor hereby to nominate that point. for the advice and consent of the Senate James McGirr Kelly, Esquire, 6425 Woodbine Avenue, Philadelphia 19151, Philadel­ I believe the integrity of this Body has been impugned and I phia County, Seventh Senatorial District, for appointment as believe it would be rather irresponsible for any one of us to al­ Judge, Municipal Court in and for the City of Philadelphia, low it to go without some sort of solution. First Judicial District of Pennsylvania, to serve until the first Monday of January, 1980, vice Honorable William Markert, re­ The Minority Leader, if I understand correctly, has made a signed. statement that a commitment was made, not to him, but to MILTON J. SHAPP. someone else in the Republican caucus. · Mr. President, I want the record to show that I have personal­ On the question, ly spoken-by the way, the commitment supposedly was made Will the Senate advise and consent to the nomination? by a member of the leadership in the Democratic caucus-and Senator KELLEY. Mr. President, lest any of my colleagues directed the question and query to each and every member of may confuse the name of the nominee with one of the Senators, the leadership in the Democratic caucus; the gentleman from I would like to record to show that the gentleman is not a name­ Luzerne, Senator Murray; the gentleman from Lehigh, Senator sake of mine nor I of him, nor are we related in any way what­ Messinger; the gentleman from Allegheny, Senator Scanlon; soever. the gentleman from Allegheny, Senator Noszka; and the gen­ tleman from Beaver, Senator Ross; each one of whom informed PERSONAL PRIVILEGE me-and I take them at their word as a Senator-that they did Senator HANKINS. Mr. President, I rise to a point of person­ not make such a commitment. al privilege. I thank you, Mr. President, because I believe the integrity of The PRESIDING OFFICER. The gentleman from Philadel­ this Body must be preserved. phia, Senator Hankins, will state it. And the question recurring, Senator HANKINS. Mr. President, I ask for Senatorial cour­ Will the Senate advise and consent to the nomination? tesy. I would like to indicate several things about the gentleman The yeas and nays were taken agreeably to the provisions of who is up for confirmation at this time, James McGirr Kelly. I the Constitution and were as follows, viz: knew of him but, due to the fact that this nomination came over from the Governor's office, I have never had the opportu­ YEAS-27 nity of meeting him and had no indication that this would be Arlene, Kury, Nolan, Scanlon, considered; I do not remember receiving any indication that his Coppersmith, Lewis, Noszka, Schaefer, name was going to be placed in nomination for confirmation. Duffield, Lynch, O'Pake, Smith, This is the position I take; not knowing the person, not having Furno, McKinney, Orlando, Stapleton, Gurzenda, Mellow, Reibman, Sweeney, any conversation with him other than knowing that he did Hankins, Messinger, Romanelli, Zemprelli, serve on the Public Utility Commission, I have taken this posi­ Kelley, Murray, Ross, tion today. NAYS-19 Mr. President, I ask for a "no" vote on the nomination. Senator SWEENEY. Mr. President, I desire to interrogate Andrews, Gekas, Howard, Snyder, the gentleman from Philadelphia, Senator Hankins. Bell, Hager, Jubelirer, Stauffer, Corman, Hess, Kusse, Tilghman, The PRESIDING OFFICER. Will the gentleman from Phila­ Dougherty, Holl, Manbeck, Wood, delphia, Senator Hankins, permit himself to be interrogated? Dwyer, Hopper, Moore, Senator HANKINS. I will, Mr. President. Less than a two-thirds majority of all the Senators having Senator SWEENEY. Mr. President, do I understand that the voted "aye," the question was determined in the negative. gentleman's Senatorial courtesy is predicated on the fact that Ordered, That the Governor be informed accordingly. he has not interviewed the nominee, James McGirr Kelly, for the office of Judge of the Municipal Court of Philadelphia? NOMINATION TAKEN FROM THE TABLE Senator HANKINS. Mr. President, Mr. Kelly has not con­ Senator ROSS. Mr. President, I call from the table for consid­ tacted me. eration the nomination of James McGirr Kelly, Esquire, as. Senator SWEENEY. That was not the question, Mr. Presi­ Judge, Municipal Court of Philadelphia, which requires a two­ dent. The question is simply: Is the gentleman's Senatorial thirds majority vote. courtesy predicated on the fact that he has not interviewed Mr: This nomination was previously laid on the table November Kelly for this position? 14, 1978. Senator HANKINS. Mr. President, I would consider that The Clerk read the nomination as follows: would be one of the reasons but not entirely. I feel that it is the Senatorial District which I represent and I should have had JUDGE, MUNICIPAL COURT OF PHIILADELPHIA some type of communication. The first indication that I had September 28, 1978. was on the Calendar of today. To the Honorable, the Senate of the Commonwealth of Senator SWEENEY. Mr. President, is the gentleman cogni­ Pennsylvania: zant of the fact that Mr. Kelly and other nominees appeared be- 1978. LEGISLATIVE JOURNAL-SENATE 1141 fore the Committee on Judiciary and were fully evaluated, en­ a Senator from that particular District to vouch for the gentle­ dorsed by the Bar Association and by other people competent man's capability and integrity. to make an assessment of their talents? Senator SWEENEY. Mr. President, my question was: As I Senator HANKINS. Mr. President, I would answer that understood the responses of the gentleman from Philadelphia, "yes." Senator Hankins, has the gentleman, in effect, not had ample Senator SWEENEY. Mr. President, do I understand with the time to evaluate the qualifications of the nominee because the response of "yes," that the gentleman concurs in the conclu­ Senator was not notified until a short time ago, according to sions of the competency of the nominee? the statement of the gentleman from Philadelphia, Senator Senator HANKINS. Mr. President, I would not say that I Hankins? would necessarily concur in that. I have not had the opportuni­ Senator HANKINS. Mr. President, I would agree with that ty to talk to the gentleman. statement that I knew nothing of the nominee to be voted upon. Senator SWEENEY. Mr. President, would the Senator be If there.was information sent to my office, I never received it, good enough to share with us his objections that vary from the and I had no indication that this was coming up for confirma­ conclusions and recommendations made by the Committee on tion until today. Judiciary and the Bar Association? Senator SWEENEY. As a matter of fact, Mr. President, on Senator HANKINS. Mr. President, I cannot give the conclu­ September 29th, the gentleman from Beaver, Senator Ross, in sions of the Committee on Judiciary because I have never had writing, notified the gentleman from Philadelphia, Senator the opportunity to discuss with anyone the gentleman's qualifi­ Hankins that James McGirr Kelly's nomination was under con­ cations. sideration by this Body. I believe that a reasonable man would Senator SWEENEY. Mr. President, is it fair then for me to conclude that, under the circumstances, that rendered ample conclude that, in essence, the distinguished gentleman from time to make the diligent pursuit of analyzing the qualifica­ Philadelphia, Senator Hankins, who is registering the objec­ tions of Mr. Kelly on which the gentleman from Philadelphia, tion, really has no objection specifically that he can share with Senator Hankins, seems bent. this Body for opposing the nomination of Mr. Kelly? Did the gentleman receive that communication, Mr. Senator HANKINS. Mr. President, I have no objection to ei­ President? ther the candidate on whom we just voted or Mr. Kelly. But I Senator HANKINS. Mr. President, I did not receive any com­ am saying he is still a constituent of my Senatorial District and munication. If it did arrive in my office, I never had any com­ it is my responsibility to, hopefully, have an interview or con­ munication signed by me to return to the office of the gentle­ versation with the individual. man from Beaver, Senator Ross. If I were an attorney and nom­ Senator SWEENEY. Mr. President, Mr. Kelly served for, I inated for a judgeship, I would feel that it would be my respon­ believe, something approximating ten years as a Public Utility sibility to contact the Senator in that particular Senatorial Dis­ Commissioner in this Commonwealth. Has the distinguished trict. Senator from Philadelphia, in his term here, had any dealings Senator SWEENEY. I thank the gentleman at the moment, with Mr. Kelly? Has he met him? Mr. President. Senator HANKINS. Mr. President, I have appeared before What we appear to be confronted with at the moment is that the Public Utility Commission and I knew Mr. Kelly when he the exercising of the option of the gentleman from Philadel­ was on the Commission but I had no conversation, no indica­ phia, Senator Hankins, on the basis of Senatorial courtesy is ba­ tion, that he was being considered for Municipal Judge of sically predicated on his statement that he received inadequate Philadelphia. notification that the nominee was under consideration and Senator SWEENEY. Mr. President, does the gentleman have that, in effect, he knows nothing adverse concerning the nom­ anything to share with us as to the performance of Mr. Kelly inee. Predicated on that, the gentleman is asking us to honor during his State service that would reflect adversely on his that Senatorial courtesy and vote in the negative. qualifications for the Bench? Prior to my conclusion, Mr. President, I request permission Senator HANKINS. Mr. President, there was some definite to interrogate the gentleman from Philadelphia, Senator Han­ discoloration of the Public Utility Commission under the entire kins, again. I have one or two questions that I neglected to ask administration. I cannot say anything of one individual being a the gentleman. part of that, but there were some coverages in the news media, Has the gentleman had any conversation with any Member or and what-have-you, concerning the Public Utility Commission. Members of this Body concerning the possibility of another Senator SWEENEY. Mr. President, let me digress slightly. If nominee being offered or this vacancy being filled by someone I could distill the various responses made by the gentleman else? from Philadelphia, Senator Hankins, and reduce them to one Senator HANKINS. Mr. President, I have had no conversa­ observation, it seems that the Senator is objecting to the nom­ tions with anyone concerning any nominee. inee based solely on the fact that the notice of the nominee's Senator SWEENEY. Mr. President, in order to make the rec­ nomination came to the attention of the gentleman just a mat­ ord-and I do not like to say it-unmistakably clear, I would ter of a day or so ago. Would the gentleman concur in that ob­ like to underscore the fact that the distinguished Senator from servation? Philadelphia has not shared with us a single fact which would Senator HANKINS. Mr. President, it is the responsibility of adversely reflect on the nominee, and he solely and exclusively, 1142 LEGISLATIVE JOURNAL-SENATE November 15,

based on Senatorial courtesy, is asking us to vote against this Mr. President, the issue before us tonight is, are these people individual. I say a negative vote on the individual would be in­ qualified. Is James McGirr Kelly qualified? That is the immedi­ defensibly tragic and bring shame on this Body which would ate question before us tonight. I say, at the last minute and take an interminable time to live down. I urge an affirmative without any warning to anybody, to invoke the magic words, vote on the nomination. "Senatorial courtesy," is unfair to the nominee and is unfair to Senator KELLEY. Mr. President, under ordinary circum­ us as Senators. I refuse to go along with that under these kinds stances I would tend to agree with the gentleman from Dela­ of circumstances. I believe there may be a time and place for ware, Senator Sweeney. However, I believe-to quote him-to Senatorial courtesy, but the time is not on the floor of the Sen­ make the record unmistakably clear, as I see it, the nominee has ate without any advance warning to anybody that it is going to only been before the Senate for two days. I believe it is inde­ be brought out. That makes a mockery of us and of our system fensible for any of us not to give a courtesy for each of us to ex­ and I will not be a part of it. amine or, let us put it this way, two days is not necessarily a Mr. President, I am going to vote for the nominee. reasonable length of time, in my judgment, if a Member wishes Senator GEKAS. Mr. President, I desire to interrogate the to have more time to examine a particular citizen from his con­ gentleman from Berks, Senator O'Pake. stituency for confirmation by this Body. The PRESIDING OFFICER. Will the gentleman from Berks, Mr. President, I tend to agree in many respects with the gen­ Senator O'Pake, permit himself to be interrogated? tleman from Delaware in the sense that there should be some Senator O'P AKE. I will, Mr. President. substance involved with Senatorial courtesy, but I believe the Senator GEKAS. Mr. President, would the gentleman state gentleman from :?hiladelphia, Senator Hankins, is well forti­ whether or not the Committee on Judiciary voted unanimously fied in reason to exercise his right to have more time to exam­ in favor of the nominee now being considered, Mr. Kelly? ine a particular nominee for confirmation. Senator O'P AKE. That is correct, Mr. President. Senator KURY. Mr. President, I yield to the gentleman from Senator GEKAS. Mr. President, can the gentleman tell me if Bucks, Senator Lewis. anyone spoke against Mr. Kelly? Senator LEWIS. Mr. President, I would like to provide some Senator O'P AKE. No one, Mr. President. information to the gentleman from Westmoreland, Senator Senator GEKAS. Mr. President, did the gentleman receive Kelley. He should be aware that this nomination was actually any correspondence opposing the nomination? made by the Governor on the 29th of September, but because Senator O'P AKE. None, Mr. President. the Senate was not in Session at that point, the nomination was Senator GEKAS. That is all, Mr. President. I thank the not formally read across the desk until Monday morning. gentleman. However, the nomination had been made; the Committee on The only other matter I wanted to put on the record was to Judiciary was aware of the nomination and, in fact, the recol­ eradicate any kind of implication anyone would make or any in­ lection of the gentleman from Berks, Senator O'Pake, is that ference anyone would draw from the fact that anyone would the Committee on Judiciary gave formal notice more than a vote one way in committee or before a hearing and then vote week ago of their intention to hold a public hearing with regard differently in the Body itself. to this nominee, a notice which the gentleman from Westmore­ I many times have, and I know every Member of this Senate land, Senator Kelley, as a member of that Committee, certainly Chamber has, at one time or another voted in committee either received many days before the formal action of having the "yes" or "no" and voted diametrically opposite to that in the nomination read across the desk. Senate itself when a roll call was taken. That is no indication Senator KURY. Mr. President, I would like to state why I am one way or another as to inconsistency or not voting· on the going to vote in favor of the confirmation of Mr. Kelly as judge. merits. There are different considerations in the preliminary What we have been witnessing here tonight in the Senate of stages of the legislative process and that should be made a part Pennsylvania is a protracted and agonizing display of Senato­ of this record. rial politics as usual which is not befitting of this great Body Senator O'P AKE. Mr. President, I think the record should and which is not enhancing our prestige or our image or our show that on Monday, November 13th, at a meeting of the reputation in the eyes of the public. We are not the better for Committee on Judiciary, the vote on this nomination was six­ what we are doing here tonight. teen "ayes," no "nays," and three abstentions because of We have seen, on both sides of the aisle, Senatorial courtesy absences. invoked at the last moment without any real reason, just as if it I would like to make one very brief point. I am very disturbed were some kind of magic formula to stop nominations which and distressed at what has happened over the last two hours on are otherwise unquestioned. In the process, Mr. President, we the question of executive nominations. If this is a club and we are making a mockery of the nomination process, of the Com­ are entitled to courtesies as members of this club, I feel we have mittee on Judiciary. It is our responsibility to investigate can­ shown by our actions tonight that we are not worthy of that didates for these positions on one basis, aEe they q1mlified. kind of courtesy. In the future, as Chairman of the Committee The gentleman from Berks, Senator O'Pake, and his commit­ on Judiciary, who has done a lot of work on all these nomina­ tee have investigated these candidates; they have held the hear­ tions, I would hope-and I realize the shoe will be on the other ings; and there has been no challenge to any of these candi­ foot next year-that people who want to exercise Senatorial dates. Icourtesy will exercise that courtesy at the hearing of the Com- 1978. LEGISLATIVE JOURNAL-SENATE 1143 mittee on Judiciary or at appropriate committee hearings in­ turned down one supposedly very qualified individual for stead of waiting until we are on the floor of the Senate when we Judge of the Municipal Court of Philadelphia. Whether there put a lot of people, including the nominees, many others and, was a deal made or not, I do not know, but the nominees were also, the constituents in the Districts who, in the long run, are reported from committee together. I am not saying there was a being cheated, to a lot of unnecessary work. deal or was not a deal. I am inclined to go along with the gentle· If we are going to have Senatorial courtesy in the future be· man from Beaver, Senator Ross, that there was no deal. I have cause we are supposed to be a club of distinguished gentlemen not heard from the other Members of our leadership. Perhaps and a lady, I would hope that Senatorial courtesy would be ex­ there was a deal. The gentleman from Lycoming, Senator ercised at a time when it can be more properly recognized, Hager, said there was. namely, when the appropriate committee hears the qualifica­ tions of that nominee. MOTION TO LAY NOMINATION ON THE TABLE Senator McKINNEY. Mr. President, I desire to interrogate Senator McKINNEY. Mr. President, if there was such a deal, the gentleman from Berks, Senator O'Pake. I now move to table this nomination because they voted the The PRESIDING OFFICER. Will the gentleman from Berks, other one down saying there was a deal. I am not saying there Senator O'Pake, permit himself to be interrogated? was. Therefore, I move to retable this nomination. Senator O'P AKE. I will, Mr. President. On the question, Senator McKINNEY. Mr. President, perhaps I have not been Will the Senate agree to the motion? paying as much attentioon as I should have been, but could the gentleman tell me how many judges have been voted down here MOTION TO RECESS before these two nominees were brought up? Senator MESSINGER. Mr. President, at this time I move Senator O'P AKE. Mr. President, the record will speak for that the Senate recess for a Democratic caucus to be held in the itself. There was one voted down from Lehigh County; there meeting room of the Committee on Rules and Executive Nomi· was one voted down from Lawrence County; we just voted nations. down a Municipal Court Judge for Philadelphia. I believe this is The PRESIDING OFFICER. Senator Messinger has moved the fourth. that the Senate recess for a Democratic caucus to be held in the Senator McKINNEY. Mr. President, I am speaking of prior to Rules Committee room. Are there any objections? the two nominations before us now. This would make three or Senator McKINNEY. Mr. President, I have a motion on the four. floor. Senator O'P AKE. Mr. President, I believe this is the fourth The PRESIDING OFFICER. I have been advised that a on;~nator McKINNEY. Mr. President, can the gentleman tell motion to recess takes precedence over a motion to table. me their qualifications? On the question, Senator O'PAKE. Of whom, Mr. President, all of them? Will the Senate agree to the motion? Senator McKINNEY. Yes, Mr. President. Collectively, were The motion was agreed to. they good? PERSONAL PRIVTI,EGE Senator O'P AKE. Mr. President, all of them, as this one, Senator HAGER. Mr. President, I rise to a point of personal were recommended, as I understand it, by a Governor's judicial privilege. screening process and were then sent over to the Senate. The The PRESIDING OFFICER. The gentleman from Lycoming, Senate Committee on Rules and Executive Nominations then Senator Hager, will state it. referred them to the Committee on Judiciary. Senator HAGER. Mr. President, I have just been advised by Senator McKINNEY. Mr. President, I realize how they got the gentleman from Luzerne, Senator Wood, who, a;;; everybody here. I am asking the gentleman what their qualifications were knows, has had some health problems over the last couple of as determined by his committee? years, will not stay with us. This is his last night in the Senate Senator O'P AKE. Mr. President, they were men of high in­ of Pennsylvania. tegrity, good experience, without attack as to their personal He has been a public servant for a long, long time and I, for background of record and were qualified and recommended by one, am going to miss him very, very greatly. I would ask the the various people. Members of this Body to join with me in a standing vote of con­ Senator McKINNEY. Mr. President, would the gentleman fidence and a farewell to a fine Member of this Bod).'. say that their qualifications were equal to the gentleman we (Applause.) are now discussing? Were their qualifications equal to his? Senator WOOD. Thank you, Mr. President. That was very Senator O'PAKE. Mr. President, the Committee on Judiciary kind of the gentleman from Lycoming, Senator Hager, and it determined that all four of these nominees were qualified. That was very nice of all the Members who have been so nice to me, is our function; we are not supposed to decide if one is better some going back to 194 7. When I think of some of the troubles than the other. We are supposed to decide whether the Gover­ and consternation I have caused, I apologize from the bottom of nor's nominee is qualified. The Committee on Judiciary decided my heart. It was my intention to leave this Senate as quietly as in each of these cases they were. I came in. The gentleman sort of upset that. Senator McKINNEY. Mr. President, as I see it, we have just Of course, I do appreciate all the kindness and all the 1144 LEGISLATIVE JOURNAL-SENATE November 15,

courtesies. If ever I can be of help at any time, come down to The yeas and nays were taken agreeably to the provisions of the Executive House. I might even buy a drink. Thank you the Constitution and were as follows, viz: again? Mr. President. YEAS-38 (Applause.) Andrews, Gekas, McKinney, Romanelli, Arlene, Gurzenda, Mellow, Ross, RECESS Bell, Hager, Messinger, Scanlon, Coppersmith, Hankins, Moore, Schaefer, The PRESIDING OFFICER. This Senate will stand in recess Corman, Hess, Murray, Smith, for the purpose of a Democratic caucus. Dougherty, Holl, Nolan, Snyder, Duffield, Hopper, Noszka, Stapleton, Dwyer, Howard, O'Pake, Stauffer, AFTER RECESS Early, Kelley, Orlando, Zemprelli, Furno, Lynch, The PRESIDING OFFICER. The time of recess having NAYS-8 elapsed, the Senate will be in order. The Senate has before it the motion of Senator McKinney to Jubelirer, Kusse, Manbeck, Sweeney, lay the nomination of James McGirr Kelly on the table. Kury, Lewis, Reibman, Tilghman, Senator COPPERSMITH. Mr. President, I second the motion. So the question was determined in the affirmative, and the And the question recurring, motion was agreed to. Will the Senate agree to the motion? The PRESIDING OFFICER. The nomination will be laid on the table. POINT OF INFORMATION Senator NOLAN. Mr. President, I rise to a point of infor­ NOMINATION TAKEN FROM THE TABLE mation. Senator ROSS. Mr. President, I call from the table for con­ The PRESIDING OFFICER. The gentleman from Allegheny, sideration the nomination reported from committee today and Senator Nolan, will state it. previously read by the Clerk for James G. Krause, as Commis­ Senator NOLAN. Mr. President, earlier this evening I made a sioner of Professional and Occupational Affairs, which requires motion that we table the nomination of Mr. Kelly. That motion a majority vote. was defeated. Is it not proper now that the motion should read On the question, that we reconsider the vote by which the motion which I made Will the Senate advise and consent to the nomination? earlier failed? The PRESIDING OFFICER. Senator Nolan, at the time you The yeas and nays were taken agreeably to the provisions of made the motion to table the nomination of Mr. Kelly, his name the Constitution and were as follows, viz: had never been taken from the table. It was still on the table. YEAS-48 The gentleman from Beaver, Senator Ross, called it from the table and asked for its consideration. Now, the gentleman from Andrews, Hager, Manbeck, Romanelli, Philadelphia, Senator McKinney, is asking that we put it back Arlene, Hankins, McCormack, Ross, Bell, on the table. Hess, McKinney, Scanlon, Coppersmith, Holl, Mellow, Schaefer, Senator NOLAN. Very good, Mr. President. Corman, Hopper, Messinger, Smith, Senator DUFFIELD. Mr. President, in order to explain my Dougherty, Howard, Moore, Snyder, Duffield, vote on this motion, I am going to vote in favor of this motion Jubelirer, Murray, Stapleton, Dwyer, Kelley, Nolan, Stauffer, because in my eight years here, I have always seen Senatorial Early, Kury, Noszka, Sweeney, courtesy honored without any explanation necessary. As I said Furno, Kusse, O'Pake, Tilghman, Gekas, before, I feel all these judges should have been confirmed. They Lewis, Orlando, Wood, Gurzenda, Lynch, Reibman, Zemprelli, are qualified men. However, I love the institution of the Senate. I respect every Member here and when any Member asks for NAYS-0 Senatorial courtesy, it is part of our way of doing business. A constitutional majority of all the Senators having voted Inasmuch as it irks me, I will vote for this motion to table, be­ "aye," the question was determined in the affirmative. cause I think very highly of the institution of the Senate. Ordered, That the Governor be informed accordingly.

And the question recurring, NOMINATIONS TAKEN FROM THE TABLE Will the Senate agree to the motion? Senator ROSS. Mr. President, I call from the table for con- the remainder of the nominations reported from (During the calling of the roll, the following occurred:) sideration committee today and previously read by the Clerk, which re­ Senator JUBELIRER. Mr. President, I would like to change quire a majority vote. my vote from "aye" to "no." The PRESIDING OFFICER. The gentleman will be so On the question, recorded. Will the Senate advise and consent to the nominations? 1978. LEGISLATIVE JOURNAL-SENATE 1145

The yeas and nays were taken agreeably to the provisions of HB 2701 (Pr. No. 3631) - Considered the third time and the Constitution and were as follows, viz: agreed to, YEAS-48 On the question, Shall the bill pass finally? Andrews, Hager, Manbeck, Romanelli, Arlene, Hankins, McCormack, Ross, Senator HAGER. Mr. President, I would like to make Bell, Hess, McKinney, Scanlon, Coppersmith, Holl, Mellow, Schaefer, remarks about this bill and for all others on which I will be vot­ Corman, Hopper, Messinger, Smith, ing "no," together with the preceding bill, which has $70,000 in Dougherty, Howard, Moore, Snyder, new appropriations. The balance of these are listed as nonpre­ Duffield, Jubelirer, Murray, Stapleton, Dwyer, Kelley, Nolan, Stauffer, ferred, although the one before, since it went to the Governor Early, Kury, Noszka, Sweeney, and then indirectly to the charitable institution involved, is Fumo, Kusse, O'Pake, Tilghman, listed as a preferred appropriation, brings up an issue of fiscal Gekas, Lewis, Orlando, Wood, Gurzenda, Lynch, Reibman, Zemprelli, responsibility. It is pretty well known that we will end this year with an NAYS-0 actual deficit, regardless of how the budget was patched to­ A constitutional majority of all the Senators having voted gether, by putting forward $110 million of this year's bills into "aye," the question was determined in the affirmative. next year's payments. Although all of these bills have much to Ordered, That the Governor be informed accordingly. recommend them, they all appear to me, and I believe to every­ one else, more a private charity than a public appropriation. EXECUTIVE SESSION RISES We talked about this last year. It was pretty generally agreed Senator ROSS. Mr. President, I move that the Executive Ses­ on the floor of the Senate that we had to watch what we were sion do now rise. doing with nonpreferred appropriations because we are begin­ The motion was agreed to. ning to tell the people what we will do in the way of charity with their tax dollars rather than let them make those deci­ sions themselves. We have added, this year, a number of appro­ CONSIDERATION OF CALENDAR RESUMED priations to cleft palate clinics, none of which were on before, THIRD CONSIDERATION CALENDAR and some new blind associations. Cerebral palsy is brand new. I ask all my colleagues to consider what we are doing here. Are PREFERRED APPROPRIATION BILLS ON THIRD CONSIDERATION AND FINAL PASSAGE we suddenly the people's conscience that we should decide how they should contribute their money? Are we saying, "Forget HB 2700 (Pr. No, 3630) - Considered the third time and your charities, we will take them over for you and pay for them agreed to, out of your tax dollars?" On the question, Mr. President, I recall two such appropriations last year, one Shall the bill pass finally? for the Sunshine Foundation in Philadelphia and the other for a second Blind Association in Pittsburgh. I said at the time that The yeas and nays were taken agreeably to the provisions of I would not vote for either one of them but would make a the Constitution and were as follows, viz: contribution to each. I did, and it cost me $150 out of my YEAS-27 pocket. Frankly, Mr. President, I cannot afford to do that for all of these appropriations and I am beginning to wonder if Arlene, Gurzenda, Moore, Romanelli, the people of Pennsylvania Coppersmith, Hankins, Murray, Ross, can afford this Senate, either. Dougherty, Lewis, Nolan, Scanlon, These are matters which should be within the individual con­ Duffield, Lynch, Noszka, Schaefer, science of every person to allow him to make charitable contri­ Dwyer, McKinney, O'Pake, Smith, Early, Mellow, Orlando, Zemprelli, butions. There is absolutely no justification for deciding to Fumo, Messinger, Reibman, make a $25,000 contribution to a blind association in one county and ignore sixty-six others. There is no justification, ex­ NAYS-19 cept a political one, to make a $25,000 contribution to one cleft palate clinic and ignore all the others in the Commonwealth. It Andrews, Hess, Kelley, Stapleton, is an exercise of raw political "appropriationship," I guess, if Bell, Holl, Kury, Stauffer, Corman, Hopper, Kusse, Sweeney, there is such a word. The fact is, are we doing our duty or are Gekas, Howard, Manbeck, Tilghman, we stepping far beyond it and playing God at the expense of the Hager, Jubelirer, Snyder, taxpayers of this Commonwealth? Mr. President, I ask as many of my colleagues as see some A constitutional majority of all the Senators having voted kind of fiscal responsibility to join me in voting "no" on these "aye," the question was determined in the affirmative. charities. If you feel that you must, speak with your own Ordered, That the Clerk return said bill to the House of Rep­ pocketbook and not somebody else's. resentatives with information that the Senate has passed the Senator STAPLETON. Mr. President, I certainly echo the re­ same without amendments. marks of the gentleman from Lycoming, Senator Hager. If my 1146 LEGISLATIVE JOURNAL-SENATE November 15, colleagues will recall, just a few months ago I introduced legis­ I would like to know the criteria, Mr. President, that is the lation that would discontinue appropriations to eighteen insti­ precise point of my parliamentary inquiry because the axiom is tutions throughout this Commonwealth. that it should not be possible to do indirectly what is prohibited Mr. President, I certainly intend to vote "no" on most of these to be done directly. I woi..ld like to know, therefore, the criteria so-called nonpreferred appropriations. As I stand here tonight of this determination and who makes it? and as I said several weeks ago, I say certainly the present sys­ The PRESIDING OFFICER. Are you asking me to rule on the tem of nonpreferred appropriations is both irrational and dis­ constitutionality of this appropriation? criminatory. I could go on but I do not believe the time permits. Senator KELLEY. The first thing is, Mr. President, I would I do ask the Members to look at these nonpreferred appropri­ like to know who, what person or what office, is responsible ations and put their priorities in order and I would hope that and what criteria is used for the categories of the bills as be­ many of these would go down in defeat. tween being preferred or nonpreferred? Senator ORLANDO. Mr. President, I would like to make a The PRESIDING OFFICER. These bills were reported out of comment on the statement made by the gentleman from the House Appropriations Committee and the Senate Commit­ Lycoming, Senator Hager. The gentleman referred to the first tee on Appropriations and I would, therefore, conclude the bill which happened to be an appropriation to the Erie Philhar­ draftsmanship is attributable to that source. monic Orchestra as a new appropriation. For the record, we Senator KELLEY. Mr. President, what office of the Senate is have gotten $15,000 a year from the Pennsylvania Council of responsible for setting the Calendar in the categories with rela­ Arts. We have attempted for years to try to get more money for tion to the bills being in those categories? the Erie Philharmonic Orchestra and we always ran up against The PRESIDING OFFICER. That is the office of the Secre­ a stone wall. That is why this year it appeared as a line item in tary of the Senate. the budget, rather than as a total amount that was being given to Pennsylvania Council of Arts. I would like the record clear in that regard. CONSTITUTIONAL POINT OF ORDER Senator KELLEY. Mr. President, I rise to a constitutional PARLIAMENTARY INQUIRY point of order. Senator KELLEY. Mr. President, I rise to a question of The PRESIDING OFFICER. The gentleman from Westmore­ parliamentary inquiry. land, Senator Kelley, will state it. The PRESIDING OFFICER. The gentleman from Westmore­ Senator KELLEY. Mr. President, with regard to House Bill land, Senator Kelley, will state it. No. 2701, I believe it is an attempt to circumvent the constitu­ Senator KELLEY. Mr. President, in reviewing today's tional directive and is, in a sense, a nonpreferred appropriation Calendar, referring to the title of bills on page 3 and page 4, we bill and should fall in that category. see the difference between preferred and nonpreferred. The PRESIDING OFFICER. Senator Kelley, are you asking­ The Minority Leader just made reference to House Bill No. Senator KELLEY. Mr. President, I am making a constitu­ 2700 and those immediately following wherein they are pre­ tional point of order. ferred appropriation bills. The PRESIDING OFFICER. Senator, are you asking this My parliamentary inquiry, Mr. President, is this: Who makes Senate to rule on the constitutionality of House Bill No. 2701? the determination as to whether or not a particular bill falls Senator KELLEY. I am, Mr. President. into the category of preferred as opposed to nonpreferred and The PRESIDING OFFICER. Senator Kelley has posed a con­ what is the standard or criteria of that judgment? stitutional question concerning the constitutionality of House The PRESIDING OFFICER. I believe the criteria is estab­ Bill No. 2701. lished in the Constitution. Any appropriation to a public The question before the Senate is, agency would be a preferred appropriation. Any appropriation Is House Bill No. 2701 constitutional? to a private institution is a nonpreferred appropriation and re­ Those who vote "aye," are saying that it is; those who vote quires a two-thirds vote. These appropriations, these first three "no," are saying that it is not. or four, the money is being appropriated, in the case of House Senator KELLEY. Mr. President, the constitutional point of Bill No. 2701, to the Governor and for that reason it has been order is not that it is constitutional or not constitutional categorized as a preferred appropriation. period, but whether or not it is constitutionally under the cate­ Senator KELLEY. Mr. President, I raised the point of parlia­ gory of a preferred appropriation bill as opposed to a nonpre· mentary inquiry because the language of the Constitution is ferred. I am saying the constitutional mandate is that it is a that the General Appropriation bill, which is for the Executive, nonpreferred appropriation and requires a two-thirds vote of Legislative and Judiciary Branches and for public education this Body as well as the other Body. and the debt, is what is preferred. Now, I would like to know The PRESIDING OFFICER. Senator, I do not mean to quar­ what the criteria is, as a matter of parliamentary inquiry, on rel with you, but the bottom line of what you are saying is House Bill No. 2701, the bill immediately before the Senate, be- whether this appropriation bill has been drafted in an unconsti- cause one puts language in that it goes to one of those depart- tutional manner. ments, in this case the Governor, but is specifically directed to Senator KELLEY. No, Mr. President, I am not. I am saying it a nongovernmental agency. is on our Calendar in an unconstitutional category. 1978. LEGISLATIVE JOURNAL-SENATE 1147

CONSTITUTIONAL POINT OF ORDER WITHDRAWN Bell, Hankins, Mellow, Scanlon, Coppersmith, Hess, Messinger, Schaefer, Senator KELLEY. Mr. President, because of the lateness of Corman, Holl, Moore, Smith, the hour and not wanting to leave this Session end in a tumul­ Dougherty, Hopper, Murray, Snyder, Duffield, Howard, Nolan, Stapleton, tuous mood of any one group against one single thing, I with­ Dwyer, Jubelirer, Noszka, Stauffer, draw my constitutional point of order. Early, Kusse, O'Pake, Sweeney, The PRESIDING OFFICER. The Chair hears no objection and Furno, Lewis, Orlando, Tilghman, Gekas, Lynch, Reibman, Zemprelli, the constitutional point of order is withdrawn. And the question recurring, NAYS-3 Shall the bill pass finally? Kelley, Kury, Manbeck, The yeas and nays were taken agreeably to the provisions of the Constitution and were as follows, viz: A constitutional majority of all the Senators having voted YEAS-30 "aye," the question was determined in the affirmative. Ordered, That the Clerk return said bill to the House of Rep­ Arlene, Gurzenda, Messinger, Romanelli, Bell, Hankins, Murray, Ross, resentatives with information that the Senate has passed the Coppersmith, Hopper, Nolan, Scanlon, same without amendments. Dougherty, Lewis, Noszka, Schaefer, Duffield, Lynch, O'Pake, Smith, HB 2738 {Pr. No. 3854) - Considered the third time and Early, McCormack, Orlando, Sweeney, agreed to, Furno, McKinney, Reibman, Zemprelli, Gekas, Mellow, On the question, Shall the bill pass finally? NAYS-17 The yeas and nays were taken agreeably Andrews, Holl, Kury, Snyder, to the provisions of Corman, Howard, Kusse, Stapleton, the Constitution and were as follows, viz: Dwyer, Jubelirer, Manbeck, Stauffer, Hager, Kelley, Moore, Tilghman, YEAS-47 Hess, A constitutional majority of all the Senators having voted Andrews, Hager, Manbeck, Romanelli, Arlene, Hankins, McCormack, Ross, "aye," the question was determined in the affirmative. Bell, Hess, McKinney, Scanlon, Ordered, That the Clerk return said bill to the House of Rep­ Coppersmith, Holl, Mellow, Schaefer, resentatives with information that the Senate has passed the Corman, Hopper, Messinger, Smith, Dougherty, Howard, Moore, Snyder, same without amendments. Duffield, Jubelirer, Murray, Stapleton, Dwyer, Kelley, Nolan, Stauffer, Early, Kury, Noszka, Sweeney, ANNOUNCEMENT BY THE CHAIR Furno, Kusse, O'Pake, Tilghman, Gekas, Lewis, Orlando, Zemprelli, The PRESIDING OFFICER. Gentleman, we are coming into a Gurzenda, Lynch, Reibman, series of bills and the hour is late. Trying to even run a slow roll NAYS-0 call is exceedingly difficult when people are walking all over the Chamber and carrying on private conversations. If every­ A constitutional majority of all the Senators having voted one would just please take their seats for twenty minutes or "aye," the question was determined in the affirmative. half an hour we could go through this in a very orderly and ex­ Ordered, That the Clerk return said bill to the House of Rep­ peditious fashion. resentatives with information that the Senate has passed the same without amendments. THIRD CONSIDERATION CALENDAR RESUMED PREFERRED APPROPRIATION BILLS ON THIRD PERMISSION TO ADDRESS SENATE CONSIDERATION AND FINAL PASSAGE Senator SMITH asked and obtained permission to address the HB 2703 {Pr. No. 3633) - Considered the third time and Senate. agreed to, Senator SMITH. Mr. President, I would like to make a brief On the question, explanation on the nonpreferred appropriation bills which will come before us for a vote. Shall the bill pass finally? If the Members will look on page 7 of the Calendar, House The yeas and nays were taken agreeably to the provisions of Bill No. 2724 through House Bill No. 2754, they appear to be the Constitution and were as follows, viz: new appropriations or nonpreferred appropriations. Very YEAS-44 simply, in prior years these particular bills were funded through Title XX money. This year we do not have enough Title Andrews, Gurzenda, McCormack, Romanelli, XX money and we are using the General Fund money. That is Arlene, Hager, McKinney, Ross, why we have a series of supposedly new appropriations, but 1148 LEGISLATIVE JOURNAL-SENATE November 15,

they are not. Again, I will repeat, they have been funded in the A constitutional two-thirds majority of all the Senators past by Title XX money. having voted "aye," the question was determined in the af­ TIITRD CONSIDERATION firmative. CALENDAR RESUMED Ordered, That the Clerk return said bill to the House of Rep­ resentatives with information that the Senate has passed the NONPREFERRED APPROPRIATION BILLS ON THIRD CONSIDERATION AND FINAL PASSAGE same without amendments.

HB 2269 {Pr. No. 3663} - Considered the third time and HB 2704 {Pr. No. 3634} - Considered the third time and agreed to, agreed to, On the question, On the question, Shall the bill pass finally? Shall the bill pass finally? Senator KELLEY. Mr. President, I request a roll call vote. (During the calling of the roll, the following occurred:) And the question recurring, PERSONAL PRIVILEGE Shall the bill pass finally? Senator MANBECK. Mr. President, I rise to a point of per­ The yeas and nays were required by Senator KELLEY and sonal privilege. were as follows, viz: The PRESIDING OFFICER. The gentleman from Lebanon, YEAS-38 Senator Manbeck, will state it. Senator MANBECK. Mr. President, I am not sure that I Arlene, Gurzenda, Mellow, Romanelli, voted correctly on this particular bill. Bell, Hankins, Messinger, Ross, Coppersmith, Holl, Moore, Scanlon, The PRESIDING OFFICER. You voted "aye," Senator. Corman, Hopper, Murray, Schaefer, Senator MANBECK. Mr. President, I voted "aye," but I am Dougherty, Nolan, Smith, Howard, not sure that I know what the bill accomplishes or what the ap­ Duffield, Jubelirer, Noszka, Stauffer, Dwyer, Lewis, O'Pake, Sweeney, propriation is for. Early, Lynch, Orlando, Tilghman, The PRESIDING OFFICER. Senator, at this point, in the Furno, Reibman, Zemprelli, McCormack, middle of a roll call, your inquiry is out of order. Gekas, McKinney, NAYS-9 The yeas and nays were taken agreeably to the provisions of the Constitution and were as follows, viz: Andrews, Kelley, Kusse, Snyder, Hager, Kury, Manbeck, Stapleton, YEAS-36 Hess, A constitutional two-thirds majority of all the Senators Arlene, Gurzenda, McCormack, Orlando, having voted "aye," the question was determined in the af­ Bell, Hager, McKinney, Romanelli, Coppersmith, Hankins, Mellow, Ross, firmative. Dougherty, Hopper, Messinger, Scanlon, Ordered, That the Clerk return said bill to the House of Rep­ Duffield, Jubelirer, Moore, Schaefer, resentatives with information that the Senate has passed the Dwyer, Kusse, Murray, Smith, Early, Lewis, Nolan, Stauffer, same without amendments. Furno, Lynch, Noszka, Tilghman, Gekas, Manbeck. O'Pake, Zemprelli, HB 2702 {Pr. No. 3632} - Considered the third time and agreed to, NAYS-11 On the question, Andrews, Holl, Kury, Stapleton, Shall the bill pass finally? Corman, Howard, Reibman, Sweeney, Hess, Snyder, The yeas and nays were taken agreeably to the provisions of Kelley, the Constitution and were as follows, viz: A constitutional two-thirds majority of all the Senators YEAS-35 having voted "aye," the question was determined in the af­ firmative. Andrews, Gurzenda, McKinney, Reibman, Arlene, Hankins, Mellow, Romanelli, Ordered, That the Clerk return said bill to the House of Rep­ Coppersmith, Holl, Messinger, Ross, resentatives with information that the Senate has passed the Dougherty, Hopper, Moore, Scanlon, same without amendments. Duffield, Jubelirer, Murray, Schaefer, Dwyer, Nolan, Smith, Lewis, HB 2705 {Pr. No. 3635} - Considered the third time and Early, Lynch, Noszka, Stauffer, Furno, Manbeck, O'Pake, Zemprelli, agreed to, Gekas, McCormack, Orlando, On the question, NAYS-12 Shall the bill pass finally? Hess, Stapleton, Bell, Kury, Senator KELLEY. Mr. President, I desire to interrogate the Corman, Howard, Kusse, Sweeney, Hager, Kelley, Snyder, Tilghman, gentleman from Philadelphia, Senator Smith. 1978. LEGISLATIVE JOURNAL-SENATE 1149

The PRESIDING OFFICER. Will the gentleman from Phila- man's suggestions. We certainly will elongate the explanation delphia, Senator Smith, permit himself to be interrogated? of cancer research. Senator SMITH. I will, Mr. President. And the question recurring, Senator KELLEY. Mr. President, House Bill No. 2705 appro­ Shall the bill pass finally? priates some $418,000 for what is called cancer research at Fox Chase Institute. Could the gentleman indicate what the nature The yeas and nays were taken agreeably to the provisions of of that research is? the Constitution and were as follows, viz: Senator SMITH. Mr. President, in reading House Bill No. YEAS-44 2705 I see the words, cancer research, Philadelphia. I would as­ sume it is for cancer research. Arlene, Hager, Manbeck, Reibman, Senator KELLEY. Mr. President, I would assume that also Bell, Hankins, McCormack, Romanelli, Coppersmith, Hess, McKinney, . Ross, from the language of the bill. What I am trying to find out is if Corman, Holl, Mellow, Scanlon, any Member of this Body has any awareness as to the areas of Dougherty, Hopper, Messinger, Schaefer, that research. Calling to mind, Mr. President, that the Federal Duffield, Howard, Moore, Smith, Dwyer, Jubelirer, Murray, Snyder, budget this year has $900 million for cancer research, it would Early, Kury, Nolan, Stauffer, appear to me to be most important for us to know the nature Furno, Kusse, Noszka, Sweeney, and the areas of the cancer research at Fox Chase if we are Gekas, Lewis, O'Pake, Tilghman, Gurzenda, Lynch, Orlando, Zemprelli, going to be responsible in appropriating approximately one­ half million dollars of Commonwealth money. NAYS-3 If it is duplicative, Mr. President, we are irresponsible and, if we do not know, we are even more irresponsible. I urge a "no" Andrews, Kelley, Stapleton, vote, Mr. President. A constitutional two-thirds majority of all the Senators Senator DOUGHERTY. Mr. President, the gentleman from having voted "aye," the question was determined in the af­ Bucks, Senator Lewis, and I are both very familiar with Fox firmative. Chase Cancer Research Institute. The Fox Chase Cancer Insti­ Ordered, That the Clerk return said bill to the House of Rep­ tute happens to be in the Fox Chase section of Philadelphia. It resentatives with information that the Senate has passed the is an extremely fine cancer institute. They do all types of cancer same without amendments. research. I am neither a medical doctor nor a Ph.D., which would enable me to go into the depths of their research, but I HB 2706 (Pr. No. 3815) - Considered the third time and will tell the gentleman that I have personally visited the insti­ agreed to, tute, I find it to be a remarkable undertaking and I strongly urge a "yes" vote. On the question, Senator SMITH. Mr. President, I believe the gentleman from Shall the bill pass finally? Westmoreland, Senator Kelley, wanted to know how the money The yeas and nays were taken agreeably to the provisions of was used. Mr. President, the money is not used directly in re­ the Constitution and were as follows, viz: search; it is the seed money in which they make application to the National Institute of Health. The gentleman referred to the YEAS-42 $900 million being spent on cancer research; this is the seed Arlene, Hager, McCormack, Reibman, money to make application and more or less a matching fund in Bell, Hankins, McKinney, Romanelli, order to get part of that $900 million into Philadelphia for Coppersmith, Hess, Mellow, Ross, Corman, Holl, Messinger, Scanlon, cancer research. Dougherty, Hopper, Moore, Schaefer, Senator KELLEY. Mr. President, I desire to interrogate the Duffield, Howard, Murray, Smith, gentleman from Philadelphia, Senator Smith. Dwyer, Jubelirer, Nolan, Stauffer, . Early, Kusse, The PRESIDING OFFICER. Will the gentleman from Phila­ Noszka, Sweeney, Furno, Lewis, O'Pake, Tilghman, delphia, Senator Smith, permit himself to be interrogated? Gekas, Lynch, Orlando, Zemprelli, Senator SMITH. I will, Mr. President. Gurzenda, Manbeck, Senator KELLEY. Mr. President, if it is seed money, would the gentleman have any objection to putting specific language NAYS-5 in the bill, stating that the appropriation would be used as seed Andrews, Kury, Snyder, Stapleton, money? Kelley, I realize, Mr. President, we are in the last day. The query is for the future. This is not the first time Fox Chase has been a A constitutional two-thirds majority of all the Senators grantee of Commonwealth generosity. If the gentleman could having voted "aye," the question was determined in the af­ give a guarantee that in the future the seed money concept firmative. would be inserted into the bill, it would be a big help. Ordered, That the Clerk return said bill to the House of Rep­ Senator SMITH. Mr. President, the Chairman of the Commit­ resentatives with information that the Senate has passed the tee on Appropriations always subjects himself to the gentle- same without amendments. 1150 LEGISLATIVE JOURNAL-SENATE November 15,

HB 2707 (Pr. No. 3637) - Considered the third time and On the question, agreed to, Shall the pass finally? On the question, The yeas and nays were taken agreeably to the provisions of Shall the bill pass finally? the Constitution and were as follows, viz: The yeas and nays were taken agreeably to the provisions of YEAS-40 the Constitution and were as follows, viz: Arlene, Hankins, McKinney, Romanelli, YEAS-38 Bell, Holl, Mellow, Ross, Coppersmith, Hopper, Messinger, Scanlon, Arlene, Hankins, Mellow, Romanelli, Dougherty, Howard, Moore, Schaefer, Bell, Holl, Messinger, Ross, Duffield, Jubelirer, Murray, Smith, Coppersmith, Hopper, Moore, Scanlon, Dwyer, Kusse, Nolan, Snyder, Dougherty, Howard, Murray, Schaefer, Early, Lewis, Noszka, Stauffer, Duffield, Jubelirer, Nolan, Smith, Furno, Lynch, O'Pake, Sweeney, Early, Lewis, Noszka, Stauffer, Gekas, Manbeck, Orlando, Tilghman, Furno, Lynch, O'Pake, Sweeney, Gurzenda, McCormack, Reibman, Zemprelli, Gekas, Manbeck, Orlando, Tilghman, Gurzenda, McCormack, Reibman, Zemprelli, NAYS-7 Hager, McKinney, Andrews, Hager, Kelley, Stapleton, NAYS-9 Corman, Hess, Kury,

Andrews, Hess, Kury, Snyder, Corman, Kelley, Kusse, Stapleton, A constitutional two-thirds majority of all the Senators Dwyer, having voted "aye," the question was determined in the af­ A constitutional two-thirds majority of all the Senators firmative. having voted "aye," the question was determined in the af­ Ordered, That the Clerk return said bill to the House of Rep­ firmative. resentatives with information that the Senate has passed the Ordered, That the Clerk return said bill to the House of Rep­ same without amendments. resentatives with information that the Senate has passed the same without amendments. HB 2711 (Pr. No. 3641) - Considered the third time and agreed to, HB 2708 (Pr. No. 3638) - Considered the third time and agreed to, On the question, Shall the bill pass finally? On the question, Shall the bill pass finally? The yeas and nays were taken agreeably to the provisions of the Constitution and were as follows, viz: The yeas and nays were taken agreeably to the provisions of the Constitution and were as follows, viz: YEAS-41

YEAS-39 Andrews, Hess, McCormack, Reibman, Arlene, Holl, McKinney, Romanelli, Arlene, Hankins, McKinney, Romanelli, Bell, Hopper, Mellow, Ross, Bell, Holl, Mellow, Ross, Coppersmith, Howard, Messinger, Scanlon, Coppersmith, Howard, Messinger, Scanlon, Dougherty, Jubelirer, Moore, Schaefer, Dougherty, Jubelirer, Moore, Schaefer, Duffield, Kury, Murray, Smith, Duffield, Kury, Murray, Smith, Early, Kusse, Nolan, Stauffer, Dwyer, Kusse, Nolan, Stauffer, Furno, Lewis, Noszka, Sweeney, Early, Lewis, Noszka, Sweeney, Gekas, Lynch, O'Pake, Tilghman, Furno, Lynch, O'Pake, Tilghman, Gurzenda, Manbeck, Orlando, Zemprelli, Gekas, Manbeck, Orlando, Zemprelli, Hankins, Gurzenda, McCormack, Reibman, NAYS-6 NAYS-8 Corman, Hager, Snyder, Stapleton, Andrews, Hager, Hopper, Snyder, Dwyer, Kelley, Corman, Hess, Kelley, Stapleton,

A constitutional two-thirds majority of all the Senators A constitutional two-thirds majority of all the Senators having voted "aye," the question was determined in the af­ having voted "aye," the question was determined in the af­ firmative. firmative. Ordered, That the Clerk return said bill to the House of Rep­ Ordered, That the Clerk return said bill to the House of Rep­ resentatives with information that the Senate has passed the resentatives with information that the Senate has passed the same without amendments. same without amendments.

HB 2710 (Pr. No. 3640) - Considered the third time and HB 2712 (Pr. No. 3642) - Considered the third time and agreed to, agreed to, 1978. LEGISLATIVE JOURNAL-SENATE 1151

On the question, The yeas and nays were taken agreeably to the provisions of Shall the bill pass finally? the Constitution and were as follows, viz: The yeas and nays were taken agreeably to the provisions of YEAS-40 the Constitution and were as follows, viz: Arlene, Hankins, McKinney, Romanelli, YEAS-42 Bell, Holl, Mellow, Ross, Coppersmith, Hopper, Messinger, Scanlon, Andrews, Hess, McKinney, Romanelli, Dougherty, Howard, Moore, Schaefer, Arlene, Holl, Mellow, Ross, Duffield, Jubelirer, Murray, Smith, Bell, Hopper, Messinger, Scanlon, Dwyer, Kusse, Nolan, Snyder, Coppersmith, Howard, Moore, Schaefer, Early, Lewis, Noszka, Stauffer, Dougherty, Jubelirer, Murray, Smith, Furno, Lynch, O'Pake, Sweeney, Duffield, Kury, Nolan, Snyder, Gekas, Manbeck, Orlando, Tilghman, Early, Kusse, Noszka, Stauffer, Gurzenda, McCormack, Reibman, Zemprelli, Furno, Lewis, O'Pake, Sweeney, Gekas, Lynch, Orlando, Tilghman, NAYS-7 Gurzenda, Manbeck, Reibman, Zemprelli, Hankins, McCormack, Andrews, Hager, Kelley, Stapleton, Corman, Hess, Kury, NAYS-5 A constitutional two-thirds majority of all the Senators Corman, Hager, Kelley, Stapleton, having voted "aye," the question was determined in the af­ Dwyer, firmative. A constitutional two-thirds majority of all the Senators Ordered, That the Clerk return said bill to the House of Rep­ having voted "aye," the question was determined in the affirm­ resentatives with information that the Senate has passed the ative. same without amendments. Ordered, That the Clerk return said bill to the House of Rep­ NONPREFERRED APPROPRIATION BILL ON THIRD resentatives with information that the Senate has passed the CONSIDERATION, DEFEATED ON FINAL PASSAGE same without amendments. HB 2715 {Pr. No. 3816) - Considered the third time and HB 2713 (Pr. No. 3643) - Considered the third time and agreed to, agreed to, On the question, On the question, Shall the bill pass finally? Shall the bill pass finally? The yeas and nays were taken agreeably to the provisions of The yeas and nays were taken agreeably to the provisions of the Constitution and were as follows, viz: the Constitution and were as follows, viz: YEAS-20 YEAS-41 Bell, Hopper, Manbeck, Scanlon, Arlene, Hess, McCormack, Romanelli, Dougherty, Howard, Moore, Snyder, Bell, Holl, McKinney, Ross, Dwyer, Jubelirer, O'Pake, Stauffer, Coppersmith, Hopper, Mellow, Scanlon, Gekas, Kusse, Reibman, Sweeney, Dougherty, Howard, Messinger, Schaefer, Hess, Lewis, Romanelli, Tilghman, Duffield, Jubelirer, Murray, Smith, _Dwyer, Kury, Nolan, Snyder, NAYS-27 Early, Kusse, Noszka, Stauffer, Furno, Lewis, O'Pake, Sweeney, Andrews, Gurzenda, McCormack, Orlando, Gekas, Lynch, Orlando, Tilghman, Arlene, Hager, McKinney, Ross, Gurzenda, Manbeck, Reibman, Zemprelli, Coppersmith, Hankins, Mellow, Schaefer, Hankins, Corman, Holl, Messinger, Smith, NAYS-6 Duffield, Kelley, Murray, Stapleton, Early, Kury, Nolan, Zemprelli, Furno, Lynch, Andrews, Hager, Moore, Stapleton, Noszka, Corman, Kelley, Less than a two-thirds majority of all the Senators having A constitutional two-thirds majority of all the Senators voted "aye," the question was determined in the negative. having voted "aye," the question was determined in the af­ firmative. Ordered, That the Clerk return said bill to the House of Rep­ RECONSIDERATION OF HB 2715 resentatives with information that the Senate has passed the NONPREFERRED APPROPRIATION BILL ON THIRD same without amendments. CONSIDERATION AND FINAL PASSAGE HB 2715 (Pr. No. 3816} - Senator MANBECK. Mr. HB 2714 (Pr. No. 3644) - Considered the third time and President, in view of the fact I represent some 98,000 people in agreed to, Lancaster County, I move that the Senate do now reconsider On the question, the vote by which House Bill No. 2715, Printer's No. 3816, just Shall the bill pass finally? failed of final passage. 1152 LEGISLATIVE JOURNAL-SENATE November 15,

Senator SMITH. Mr. President, I second the motion. Early, Kusse, O'Pake, Sweeney, The motion was agreed to. Furno, Lewis, Orlando, Tilghman, Gekas, Lynch, Reibman, Zemprelli, And the question recurring, Gurzenda, Manbeck, Shall the bill pass finally? NAYS-1 The yeas and nays were taken agreeably to the provisions of Kelley, the Constitution and were as follows, viz: A constitutional two-thirds majority of all the Senators YEAS-43 having voted "aye," the question was determined in the af­ Arlene, Hankins, McCormack, Romanelli, firmative. Bell, Hess, McKinney, Ross, Ordered, That the Clerk return said bill to the House of Rep­ Coppersmith, Holl, Mellow, Scanlon, resentatives with information that the Senate has passed the Corman, Hopper, Messinger, Schaefer, same Dougherty, Howard, Moore, Smith, without amendments. Duffield, Jubelirer, Murray,. Snyder, Dwyer, Kury, Nolan, Stauffer, HB 2717 (Pr. No. 3647) - Considered the third time and Early, Kusse, Noszka, Sweeney, agreed to, Furno, Lewis, O'Pake, Tilghman, Gekas, Lynch, Orlando, Zemprelli, On the question, Gurzenda, Manbeck, Reibman, Shall the bill pass finally? NAYS-4 The yeas and nays were taken agreeably to the provisions of Andrews, Hager, Kelley, Stapleton, the Constitution and were as follows, viz:

A constitutional two-thirds majority of all the Senators YEAS-34 having voted "aye," the question was determined in the af­ Arlene, Holl, Messinger, Ross, firmative. Coppersmith, Jubelirer, Murray, Scanlon, Ordered, That the Clerk return said bill to the House of Rep­ Dougherty, Kury, Nolan, Schaefer, Duffield, Lewis, Noszka, resentatives with information that the Smith, Senate has passed the Early, Lynch, O'Pake, Snyder, same without amendments. Furno, Manbeck, Orlando, Sweeney, Gekas, 'McCormack, Reibman, Tilghman, Gurzenda, McKinney, Romanelli, Zemprelli, PERSONAL PRIVILEGE Hankins, Mellow, Senator SNYDER. Mr. President, I rise to a point of personal NAYS-13 privilege. Andrews, Hager, Howard, Moore, The PRESIDING OFFICER. The gentleman from Lancaster, Bell, Hess, Kelley, Stapleton, Senator Snyder, will state it. Corman, Hopper, Kusse, Stauffer, Dwyer, Senator SNYDER. Mr. President, I want to thank the Chamber for their broadmindedness in the recent vote. A constitutional two-thirds majority of all the Senators The PRESIDING OFFICER. I would hope that your mind be­ having voted "aye," the question was determined in the af­ comes a little broader as we go along here. firmative. THIRD CONSIDERATION CALENDAR RESUMED Ordered, That the Clerk return said bill to the House of Rep­ resentatives with information that the Senate has passed the NONPREFERRED APPROPRIATION BILLS ON THIRD same without amendments. CONSIDERATION AND FINAL PASSAGE HB 2716 (Pr. No. 3646) - Considered the third time and HB 2718 (Pr. No. 3648) - Considered the third time and agreed to, agreed to,

On the question, On the question, Shall the bill pass finally? Shall the bill pass finally?

The yeas and nays were taken agreeably to the provisions of The yeas and nays were taken agreeably to the provisions of the Constitution and were as follows, viz: the Constitution and were as follows, viz: YEAS-46 YEAS-40

Andrews, Hager, McCormack, Romanelli, Arlene, Holl, McKinney, Romanelli, Arlene, Hankins, McKinney, Ross, Bell, Hopper, Mellow, Ross, Bell, Hess, Mellow, Scanlon, Coppersmith, Howard, Messinger, Scanlon, Coppersmith, Holl, Messinger, Schaefer, Dougherty, Jubelirer, Moore, Schaefer, Corman, Hopper, Moore, Smith, Duffield, Kury, Murray, Smith, Dougherty, Howard, Murray, Snyder, Early, Kusse, Nolan, Snyder, Duffield, Jubelirer, Nolan, Stapleton, Furno, Lewis, Noszka, Stauffer, Dwyer, Kury, Noszka, Stauffer, Gekas, Lynch, O'Pake, Sweeney, 1978. LEGISLATIVE JOURNAL-SENATE 1153

Gurzenda, Manbeck, Orlando, Tilghman, NAYS-7 Hankins, McCormack, Reibman, Zemprelli, Andrews, Dwyer, Stapleton, NAYS-7 Corman, Hager, Kelley,

Andrews, Dwyer, Hess, Stapleton, A constitutional two-thirds majority of all the Senators Corman, Hager, Kelley, having voted "aye," the question was determined in the af­ A constitutional two-thirds majority of all the Senators firmative. having voted "aye," the question was determined in the af­ Ordered, That the Clerk return said bill to the House of Rep­ firmative. resentatives with information that the Senate has passed the Ordered, That the Clerk return said bill to the House of Rep­ same without amendments. resentatives with information that the Senate has passed the same without amendments. HB 2722 (Pr. No. 3817) - Considered the third time and agreed to, HB 2719 (Pr. No. 3649) Considered the third time and agreed to, On the question, Shall the bill pass finally? On the question, Shall the bill pass finally? The yeas and nays were taken agreeably to the provisions of the Constitution and were as follows, viz: The yeas and nays were taken agreeably to the provisions of the Constitution and were as follows, viz: YEAS-40

YEAS-44 Arlene, Holl, McKinney, Romanelli, Bell, Hopper, Mellow, Ross, Arlene, Hager, Manbeck, Reibman, Coppersmith, Howard, Messinger, Scanlon, Bell, Hankins, McCormack, Romanelli, Dougherty, Jubelirer, Moore, Schaefer, Coppersmith, Hess, McKinney, Ross, Duffield, Kury, Murray, Smith, Corman, Holl, Mellow, Scanlon, Early, Kusse, Nolan, Snyder, Dougherty, Hopper, Messinger, Schaefer, Furno, Lewis, Noszka, Stauffer, Duffield, Howard, Moore, Smith, Gekas, Lynch, O'Pake, Sweeney, Dwyer, Jubelirer, Murray, Snyder, Gurzenda, Manbeck, Orlando, Tilghman, Early, Kury, Nolan, Stauffer, Hankins, McCormack, Reibman, Zemprelli, Furno, Kusse, Noszka, Sweeney, Gekas, Lewis, O'Pake, Tilghman, Gurzenda, Lynch, Orlando, Zemprelli, NAYS-7 Andrews, Dwyer, Hess, Stapleton, NAYS-3 Corman, Hager, Kelley, Andrews, Kelley, Stapleton,

A constitutional two-thirds majority of all the Senators A constitutional two-thirds majority of all the Senators having voted "aye," the question was determined in the affirm­ having voted "aye," the question was determined in the af­ ative. firmative. Ordered, That the Clerk return said bill to the House of Rep­ Ordered, That the Clerk return said bill to the House of Rep­ resentatives with information that the Senate has passed the resentatives with information that the Senate has passed the same without amendments. same without amendments.

HB 2721 (Pr. No. 3651) - Considered the third time and agreed to, HB 2723 {Pr. No. 3653) Considered the third time and agreed to, On the question, Shall the bill pass finally? On the question, Shall the bill pass finally? The yeas and nays were taken agreeably to the provisions of the Constitution and were as follows, viz: Senator SMITH. Mr. President, I believe the matter appear­ ing before us is rather misleading. I would like to take a minute YEAS-40 to explain it to my colleagues. This is a Children's Center, an in­ Arlene, Holl, McKinney, Romanelli, tegral part of the University of Pittsburgh Medical School, Bell, Hopper, Mellow, Ross, where children are examined by interns and regular doctors for Coppersmith, Howard, Messinger. Scanlon, both physical and psychiatric problems relating to children. Dougherty, Jubelirer, Moore, Schaefer, Duffield, Kury, Murray, Smith, And the question recurring, Early, Kusse, Nolan, Snyder, Furno, Lewis, Noszka, Stauffer, Shall the bill pass finally? Gekas, Lynch, O'Pake, Sweeney, Gurzenda, Manbeck, Orlando, Tilghman, The yeas and nays were taken agreeably to the provisions of Hankins, McCormack, Reibman, Zemprelli, the Constitution and were as follows, viz: 1154 LEGISLATIVE JOURNAL-SENATE November 15,

YEAS-47 Furno, Lewis, Noszka, Sweeney, Gekas, Lynch, O'Pake, Tilghman, Andrews, Hager, Manbeck, Romanelli, Gurzenda, Manbeck, Orlando, '.lemprelli, Arlene, Hankins, McCormack, Ross, Bell, Hess, McKinney, Scanlon, NAYS-7 Coppersmith, Holl, Mellow, Schaefer, Corman, Hopper, Messinger, Smith, Dougherty, Howard, Moore, Snyder, Andrews, Hager, Kury, Stapleton, Duffield, Jubelirer, Murray, Stapleton, Dwyer, Kelley, Snyder, Dwyer, Kelley, Nolan, Stauffer, Early, Kury, Noszka, Sweeney, A constitutional two-thirds majority of all the Senators Tilghman, Furno, Kusse, O'Pake, having voted "aye," the question was determined in the af­ Gekas, Lewis, Orlando, '.lemprelli, Gurzenda, Lynch, Reibman, firmative. Ordered, That the Clerk return said bill to the House of Rep­ NAYS-0 resentatives with information that the Senate has passed the A constitutional two-thirds majority of all the Senators same without amendments. having voted "aye," the question was determined in the af­ firmative. HB 2725 (Pr. No. 3655) - Considered the third time and Ordered, That the Clerk return said bill to the House of Rep­ agreed to, resentatives with information that the Senate has passed the On the question, same without amendments. Shall the bill pass finally? HB 2724 (Pr. No. 3654) - Considered the third time and Senator HOWARD. Mr. President, I desire to interrogate the agreed to, gentleman from Philadelphia, Senator Smith. The PRESIDING OFF1CER. Will the gentleman from Phila­ On the question, delphia, Senator Smith, permit himself to be interrogated? Shall the bill pass finally? Senator SMITH. I will, Mr. President. Senator SWEENEY. Mr. President, I desire to interrogate Senator HOWARD. Mr. President, on the list the gentleman the gentleman from Philadelphia, Senator Smith. referred to earlier, are these the only cerebral palsy organiza­ The PRESIDING OFFICER. Will the gentleman from Phila­ tions that have been Title XX funded or are these simply the delphia, Senator Smith, permit himself to be interrogated? ones who discovered the alternate route of coming directly for Senator SMITH. I will, Mr. President. line items and are we leaving others out that have not been con­ Senator SWEENEY. Mr. President, on page 7 is a series of sidered? appropriations to various county societies for crippled children. Senator SMITH. Mr. President, to the best of my knowledge, Have these appropriations been made in the past? we are not leaving out any of the cerebral palsy institutions. Senator SMITH. Mr. President, I gave a short explanation Again I say, Mr. President, the reason they are being funded when we began voting on the nonpreferreds. On these particu­ from General Fund money is that we do not have enough Title lar bills, starting with House Bill No. 2724 through House Bill XX moneys to fund all those who made application for that par­ No. 2754 on page 7, it is the first time that they will be funded ticular money. by General Fund money. It is not the first time that we funded Senator HOWARD. Mr. President, I understand and I also these particular institutions. The money was appropriated di­ understand that means that, while in the past they have been rectly to the Department of Welfare and it was funded through funded by Federal funds, the significant difference here is they Title XX, which is federally funded money. are now being funded by State funds, is that correct? Senator TILGHMAN. Mr. President, as a point of accuracy, I Senator SMITH. That is true, Mr. President. believe the Chair will find that the top bill on page 7, the Blair Senator HOWARD. Mr. President, the reason I asked the County Society for Crippled Children and Adults is in its first part of my question was I am wondering, for those of us second year. whose Districts are not represented on this list, if we are going to get a letter tomorrow wondering why we, in fact, had failed And the question recurring, to include them in the list and I am just trying to prepare my­ Shall the bill pass finally? self if such may be the case. The yeas and nays were taken agreeably to the provisions of The gentleman is telling us that these are the only organiza­ the Constitution and were as follows, viz: tions, to the best of his knowledge at least, that have been re­ ceiving money that now have turned to this alternate source of YEAS-40 funds? Senator SMITH. To the best of my knowledge that is true, Arlene, Hankins, McCormack, Reibman, Bell, Hess, McKinney, Romanelli, Mr. President. Coppersmith, Holl, Mellow, Ross, Senator TILGHMAN. Mr. President, to straighten this out, I Corman, Hopper, Messinger, Scanlon, believe these areas get Title XX Federal funds and it is neces­ Dougherty, Howard, Moore, Schaefer, Duffield, Jubelirer, Murray, Smith, sary to match the funds given by twenty-five per cent local Early, Kusse, Nolan, Stauffer, funds. 1978. LEGISLATIVE JOURNAL-SENATE 1155

Last year this appropriation in the Title XX Federal funds YEAS-37 amounted to $375 million; this year it is $393 million. It says Arlene, Holl, McKinney, Reibman, the local community must match the funds. The money we are Bell, Hopper, Mellow, Romanelli, giving them here comes from the State to the local community Coppersmith, Howard, Messinger, Ross, to match the funds. So, in truth, the local community is match­ Dougherty, Jubelirer, Moore, Scanlon, Duffield, Kusse, Murray, Schaefer, ing the Federal funds with State funds and these are all new Early, Lewis, Nolan, Smith, programs. Furno, Lynch, Noszka, Sweeney, Senator MANBECK. Mr. President, I desire to interrogate Gekas, Manbeck, O'Pake, Tilghman, Gurzenda, McCormack, Orlando, Zemprelli, the gentleman from Philadelphia, Senator Smith. Hankins, The PRESIDING OFFICER. Will the gentleman from Phila­ delphia, Senator Smith, permit himself to be interrogated? NAYS-10 Senator SMITH. I will, Mr. President. Andrews, Hager, Kury, Stapleton, Senator MANBECK. Mr. President, I have no intention of Corman, Hess, Snyder, Stauffer, voting against any of these appropriations. I am whole­ Dwyer, Kelley, heartedly in favor of supporting these programs. However, this A constitutional two-thirds majority of all the Senators morning there was a group of people in to see me from Lebanon having voted "aye," the question was determined in the af­ County, from the cerebral palsy organization, who indicated to firmative. me that some of the Title I funds were withheld and they were Ordered, That the Clerk return said bill to the House of Rep­ notified by the Secretary of Welfare that they would not re­ resentatives with information that the Senate has passed the ceive approximately $30,000, which would cause them to same without amendments. cancel many of the programs they have been performing in the past. It is my understanding that some of the funds were sup­ HB 2726 (Pr. No. 3656) - Considered the third time and plied by Federal funds, Title I, and administered by the Depart­ agreed to, ment of Welfare. On the question, Mr. President, the problem that I have is that I do not see Shall the bill pass finally? Lebanon County, I do not see Lancaster County and I do not see Berks County in the request for appropriations and yet I have The yeas and nays were taken agreeably to the provisions of had correspondence from those three counties requesting that the Constitution and were as follows, viz: I, as a member of the Committee on Appropriations, request YEAS-37 that they be placed into the program for support during the next fiscal year. I apologize for not being qualified to under­ Arlene, Holl, McKinney, Reibman, stand the problem. Perhaps the gentleman can shed a little Bell, Hopper, Mellow, Romanelli, Coppersmith, Howard, Messinger, Ross, light on it. Dougherty, Jubelirer, Moore, Scanlon, Senator SMITH. Mr. President, these bills were initiated in Duffield, Kusse, Murray, Schaefer, Early, Lewis, Nolan, Smith, the House and came over to the Senate. It is my understanding, Fumo, Lynch, Noszka, Sweeney, from the conversations I have had with the chairman of the Ap­ Gekas, Manbeck, O'Pake, Tilghman, propriations Committee, that these are the particular institu­ Gurzenda, McCormack, Orlando, Zemprelli, Hankins, tions that asked for consideration. I would say to the gentle­ man that if he were to come to the Committee on Appropri­ NAYS-10 ations in the Senate, we certainly would initiate a bill covering Andrews, Hager, Kury, Stapleton, his three counties. Corman, Hess, Snyder, Stauffer, Senator MANBECK. I thank the gentleman, Mr. President. Dwyer, Kelley, The gentleman's suggestion then is that I suggest to the three A constitutional two-thirds majority of all the Senators county cerebral palsy organizations that they communicate having voted "aye," the question was determined in the af­ with the Chairman of the Committee on Appropriations of firmative. either the House or the Senate or the Committee on Appropria­ Ordered, That the Clerk return said bill to the House of Rep­ tions of the Senate? resentatives with information that the Senate has passed the Senator SMITH. That is what I said, Mr. President. To ex­ same without amendments. pedite the matter if the gentleman would offer a bill which would come into the Committee on Appropriations, it certainly HB 2727 {Pr. No. 3657) - Considered the third time and would have consideration. agreed to, And the question recurring, On the question, Shall the bill pass finally? Shall the bill pass finally? The yeas and nays were taken agreeably to the provisions of The yeas and nays were taken agreeably to the provisions of the Constitution and were as follows, viz: the Constitution and were as follows, viz: 1156 LEGISLATIVE JOURNAL-SENATE November 15,

YEAS-37 YEAS-37

Arlene, Holl, McKinney, Reibman, Arlene, Holl, McKinney, Reibman, Bell, Hopper, Mellow, Romanelli, Bell, Hopper, Mellow, Romanelli, Coppersmith, Howard, Messinger, Ross, Coppersmith, Howard, Messinger, Ross, Dougherty, Jubelirer, Moore, Scanlon, Dougherty, Jubelirer, Moore, Scanlon, Duffield, Kusse, Murray, Schaefer, Duffield, Kusse, Murray, Schaefer, Early, Lewis, Nolan, Smith, Early, Lewis, Nolan, Smith, Furno, Lynch, Noszka, Sweeney, Furno, Lynch, Noszka, Sweeney, Gekas, Manbeck, O'Pake, Tilghman, Gekas, Manbeck, O'Pake, Tilghman, Gurzenda, McCormack, Orlando, Zemprelli, Gurzenda, McCormack, Orlando, Zemprelli, Hankins, Hankins, NAYS-10 NAYS-10

Andrews, Hager, Kury, Stapleton, Andrews, Hager, Kury, Stapleton, Corman, Hess, Snyder, Stauffer, Corman, Hess, Snyder, Stauffer, Dwyer, Kelley, Dwyer, Kelley,

A constitutional two-thirds majority of all the Senators A constitutional two-thirds majority of all the Senators having voted "aye," the having voted "aye," the question was determined in the af­ question was determined in the af­ firmative. firmative. Ordered, Ordered, That the Clerk return said bill to the House of Rep­ That the Clerk return said bill to the House of Rep­ resentatives resentatives with information that the Senate has passed the with information that the Senate has passed the same without amendments. same without amendments.

HB 2728 (Pr. No. 3658) Considered the third time and HB 2730 (Pr. No. 3660) Considered the third time and agreed to, agreed to, On the question, On the question, Shall the bill pass finally? Shall the bill pass finally? The yeas The yeas and nays were taken agreeably to the provisions of and nays were taken agreeably to the provisions of the Constitution and were as follows, viz: the Constitution and were as follows, viz: YEAS-38 YEAS-37 Arlene, Holl, McKinney, Reibman, Arlene, Hankins, McKinney, Reibman, Bell, Hopper, Mellow, Romanelli, Bell, Holl, Mellow, Romanelli, Coppersmith, Howard, Messinger, Ross, Coppersmith, Hopper, Messinger, Ross, Dougherty, Jubelirer, Moore, Scanlon, Dougherty, Howard, Moore, Scanlon, Duffield, Kusse, Murray, Schaefer, Duffield, Jubelirer, Murray, Schaefer, Early, Lewis, Nolan, Smith, Dwyer, Kusse, Nolan, Smith, Furno, Lynch, Noszka, Sweeney, Early, Lewis, Noszka, Sweeney, Gekas, Manbeck, O'Pake, Tilghman, Furno, Lynch, O'Pake, Tilghman, Gurzenda, McCormack, Orlando, Zemprelli, Gekas, Manbeck, Zemprelli, Orlando, Hankins, Gurzenda, McCormack, NAYS-9 NAYS-10

Andrews, Hess, Kury, Stapleton, Andrews, Hager, Kury, Stapleton, Corman, Kelley, Snyder, Stauffer, Corman, Hess, Snyder, Stauffer, Hager, Dwyer, Kelley, A constitutional two-thirds majority of all the Senators A constitutional two-thirds majority of all the Senators having voted "aye," the question was determined in the af­ having voted "aye," the question was determined in the af­ firmative. firmative. Ordered, That the Clerk return said bill to the House of Rep­ Ordered, That the Clerk return said bill to the House of Rep­ resentatives with information that the Senate has passed the resentatives with information that the Senate has passed the same without amendments. same without amendments.

HB 2729 (Pr. No. 3659) Considered the third time and HB 2754 (Pr. No. 3699) Considered the third time and agreed tQ, agreed to, On the question, On the question, Shall the bill pass finally? Shall the bill pass finally? The yeas and nays were taken agreeably to the provisions of The yeas and nays were taken agreeably to the provisions of the Constitution and were as follows, viz: the Constitution and were as follows, viz: 1978. LEGISLATIVE JOURNAL-SENATE 1157

YEAS-37 this bill, it states that we shall issue operator's certificates for passenger carrying vessels and certificates of inspection for Arlene, Holl, McKinney, Reibman, Bell, Hopper, Mellow, Romanelli, passenger carrying vessels. There is no definition in the motor Coppersmith, Howard, Messinger, Ross, boat law that defines passenger carrying vessels. I am afraid Dougherty, Jubelirer, Moore, Scanlon, that. if we pass this bill we are going to be mandating that Duffield, Kusse, Murray, Schaefer, Early, Lewis, Nolan, Smith, everyone who has a fifteen-foot runabout and a couple of guys Fumo, Lynch, Noszka, Sweeney, who want to go water skiing with him must have that vehicle Gekas, Manbeck, O'Pake, Tilghman, inspected and he must have an operator's license before he does Gurzenda, McCormack, Orlando, Zemprelli, Hankins, it. NAYS-10 Mr. President, I do not feel that is an area we want to get into and I would urge the defeat of this bill or a recommittal of the Andrews, Hager, Kury, Stapleton, bill, whatever would satisfy everybody. I certainly do not feel Corman, Hess, Snyder, Stauffer, anyone here wants to start a whole new bureaucracy for having Dwyer, Kelley, driver's licenses and inspections on small boats. A constitutional two-thirds majority of all the Senators having voted "aye," the question was determined in the af­ MOTION FOR BILL OVER IN ORDER firmative. Senator BELL. Mr. President, the gentleman from Lawrence, Ordered, That the Clerk return said bill to the House of Rep· Senator Andrews, has not gone far enough in condemning this resentatives with information that the Senate has passed the same without amendments. bill. This means a person will have to have a driver's license for a rowboat. I do not feel we should give the people with boats this present at Christmastime. PERMISSION TO ADDRESS SENATE Mr. President, I move that House Bill No. 471 go over in its Senator McKINNEY asked and obtained unanimous consent order. to address the Senate. On the question, Senator McKINNEY. Mr. President, I would like to call the Will the Senate agree to the motion? attention of my colleagues that we have a new reporter for The Philadelphia Inquirer, none other than Vincent Fumo. So, be Senator MELLOW. Mr. President, may we be at ease for just careful, gentlemen. a moment? The PRESIDING OFFICER. The Chair congratulates Mr. The PRESIDENT pro tempore. The Senate will be at ease. Furno to his elevation in life. (The Senate was at ease.) Senator MELLOW. Mr. President, I had been contacted by The PRESIDENT pro tempore (Martin L. Murray) in the the Pennsylvania Fish Commission telling me that this bill was Chair. very, very important to the safety of the waterways. The bill is THIRD CONSIDERATION CALENDAR RESUMED a "may" bill; the Commission "may" issue. On line 24, page 2, it states, "The commission may issue boat BILL OVER IN ORDER capacity plates ... "It is my understanding that they currently HB 49 - Without objection, the bill was passed over in its do this. They have been doing it without proper authorization. order at the request of Senator SCHAEFER. This bill will simply give them authorization to continue a pro­ gram which is currently in use. PERMISSION TO ADDRESS SENATE Mr. President, I would ask for an affirmative vote on the bill. Senator HAGER. Mr. President, it may just be a "may" bill, Senator DUFFIELD asked and obtained unanimous consent but there is a lot of interest by the Fish Commission in it who is to address the Senate. represented in the gallery here today, calling out instructions Senator DUFFIELD. Mr. President, I might advise the Chair to the Members of the Senate. It seems to me, Mr. President, that one of the sponsors of these bills will be a Senator here for that under the wording of this bill, we will be licensing row­ four years. boats. Now, doggone it, do we really have to do that? Is it that THIRD CONSIDERATION important to water safety? Where are all the statistics to show CALENDAR RESUMED us of all these rowboat deaths? I remember one in American BILL ON THIRD CONSIDERATION, DEFEATED ON Tragedy, but that is about it. FINAL PASSAGE It is hard for me to understand why we must keep giving HB 471 (Pr. No. 510) - Considered the third time and every agency of this government more and more control over agreed to, the private lives of the people in this Commonwealth. Mr. President, I would urge a negative vote on the bill. If On the question, there is that big a need, let them prove it to us after January. Shall the bill pass finally? Senator MELLOW. Mr. President, I do not know who the Senator ANDREWS. Mr. President, after this bill went over gentleman from Lycoming, Senator Hager, is referring to when in its order, we did some further investigating and, on page 3 of he stated the Fish Commission was represented in the gallery 1158 LEGISLATIVE JOURNAL-SENATE November 15, and giving signals to Members of the Senate as to how to vote. Senator EARLY. Mr. President, I would like to change my Perhaps they were giving him the signals; I do not know if he is vote from "aye" to "no." speaking for himself or someone else. I have not really seen The PRESIDENT pro tempore. The gentleman will be so re­ that take place. corded. I have met with the Fish Commission; they have asked that The yeas and nays were taken agreeably to the provisions of this bill be considered. Mr. President, at this time, I am merely the Constitution and were as follows, viz: asking for a roll call vote. YEAS--23 And the question recurring, Will the Senate agree to the motion? Arlene, Lewis, Murray, Scanlon, Duffield, Lynch, Nolan, Schaefer, (During the calling of the roll, the following occurred:) Gurzenda, McCormack, Noszka, Smith, Senator TILGHMAN. Mr. President, I would like to change Hankins, McKinney, O'Pake, Stapleton, Kelley, Mellow, Romanelli, Zemprelli, my vote from "no" to "aye." Kusse, Messinger, Ross, The PRESIDENT pro tempore. The gentleman will be so recorded. NAYS-23

The yeas and nays were required by Senator MELLOW and Andrews, Furno, Howard, Reibman, Bell, Gekas, Jubelirer, Snyder, were as follows, viz: Corman, Hager, Kury, Stauffer, Dougherty, Hess, Manbeck, Sweeney, YEAS-15 Dwyer, Holl, Moore, Tilghman, Early, Hopper, Orlando, Andrews, Gekas, Holl, Snyder, Bell, Gurzenda, Howard, Stauffer, Less than a majority of all the Senators having voted "aye," Corman, Hager, Jubelirer, Tilghman, Dougherty, Hess, Manbeck, the question was determined in the negative. NAYS--32 BILL ON THIRD CONSIDERATION AND FINAL PASSAGE Arlene, Kelley, Messinger, Romanelli, Coppersmith, Kury, Moore, Ross, HB 1097 (Pr. No. 1274) - Considered the third time and Duffield, Kusse, Murray, Scanlon, agreed to, Dwyer, Lewis, Nolan, Schaefer, Early, Lynch, Noszka, Smith, On the question, Furno, McCormack, O'Pake, Stapleton, Shall the bill pass finally? Hankins, McKinney, Orlando, Sweeney, Hopper, Mellow, Reibman, Zemprelli, The yeas and nays were taken agreeably to the provisions of So the question was determined in the negative, and the mo­ the Constitution and were as follows, viz: tion was defeated. YEAS-39 And the question recurring, Shall the bill pass finally? Arlene, Hankins, McKinney, Romanelli, Coppersmith, Holl, Mellow, Ross, (During the calling of the roll, the following occurred:) Corman, Hopper, Messinger, Scanlon,· Dougherty, Howard, Moore, Schaefer, Senator McCORMACK. Mr. President, I would like to change Duffield, Jubelirer, Murray, Smith, my vote from "no" to "aye." Early, Kelley, Nolan, Snyder, The PRESIDENT pro tempore. The gentleman will be so re­ Furno, Kury, Noszka, Stapleton, Gekas, Lewis, O'Pake, Sweeney, corded. Gurzenda, Lynch, Orlando, Zemprelli, Senator KELLEY. Mr. President, I would like to change my Hager, McCormack, Reibman, vote from "no" to "aye." The PRESIDENT pro tempore. The gentleman will be so re­ NAYS-8 corded. Andrews, Dwyer, Kusse, Stauffer, Senator GURZENDA. Mr. President, I would like to change Bell, Hess, Manbeck, Tilghman, my vote from "no" to "aye." The PRESIDENT pro tempore. The gentleman will be so re­ A constitutional majority of all the Senators having voted corded. "aye," the question was determined in the affirmative. Senator MOORE. Mr. President, I would like to change my Ordered, That the Clerk return said bill to the House of Rep­ vote from "aye" to "no." resentatives with information that the Senate has passed the The PRESIDENT pro tempore. The gentleman will be so re­ same without amendments. corded. Senator FUMO. Mr. President, having voted under a misap­ BILL OVER IN ORDER prehension, I would like to change my vote from "aye" to "no." The PRESIDENT pro tempore. The gentleman will be so re­ SB 1636 - Without objection, the bill was passed over in its corded. order at the request of Senator STAUFFER. 1978. LEGISLATIVE JOURNAL-SENATE 1159

BILl.S ON TIIlRD CONSIDERATION AND FINAL BILL OVER IN ORDER PASSAGE HB 2220 - Senator MESSINGER. Mr. President, I request HB 1786 (Pr. No. 2177) - Considered the third time and that House Bill No. 2220 go over in its order. agreed to, Senator HAGER. Mr. President, I object to House Bill No. On the question, 2220 going over in its order and ask for a roll call vote if a mo­ Shall the bill pass finally? tion is made. The yeas and nays were taken agreeably to the provisions of MOTION FOR BILL OVER IN ORDER the Constitution and were as follows, viz: Senator MESSINGER. Mr. President, I move that House Bill YEAS-47 No. 2220 go over in its order.

Andrews, Hager, Manbeck, ,.Romanelli, On the question, Arlene, Hankins, McCormack, Ross, Will the Senate agree to the motion? Bell, Hess, McKinney, Scanlon, Coppersmith, Holl, Mellow, Schaefer, Senator BELL. Mr. President, inasmuch as a vote in favor of Corman, Hopper, Messinger, Smith, Dougherty, Howard, Moore, Snyder, the motion will kill this bill for this Session, I would like to re­ Duffield, Jubelirer, Murray, Stapleton, mind the Members that this morning the Pennsylvania AFL­ Dwyer, Kelley, Nolan, Stauffer, CIO came out very strongly in favor of the provision control­ Early, Kury, Noszka, Sweeney, Furno, Kusse, O'Pake, Tilghman, ling the lawyers' fees in these workmen's compensation cases. Gekas, Lewis, Orlando, Zemprelli, Senator MANBECK. Mr. President, I would like to add to the Gurzenda, Lynch, Reibman, comments of the gentleman from Delaware, Senator Bell. The NAYS-0 Secretary of Labor and Industry, Paul Smith, also stated that he is very strongly in favor of this type of legislation. A constitutional majority of all the Senators having voted "aye," the question was determined in the affirmative. And the question recurring, Ordered, That the Clerk return said bill to the House of Rep­ Will the Senate agree to the motion? resentatives with information that the Senate has passed the The yeas and nays were required by Senator HAGER and same without amendments. were as follows, viz: HB 2145 (Pr. No. 3888) - Considered the third time and YEAS-29 agreed to, Arlene, Kelley, And the amendments made thereto having been printed as Messinger, Ross, Duffield, Kury, Murray, Scanlon, required by the Constitution, Early, Lewis, Nolan, Schaefer, Furno, Lynch, Noszka, Smith, On the question, Gekas, McCormack, O'Pake, Stapleton, Shall the bill pass finally? Gurzenda, McKinney, Orlando, Sweeney, Hankins, Mellow, Romanelli, Zemprelli, The yeas and nays were taken agreeably to the provisions of Jubelirer, the Constitution and were as follows, viz: NAYS-17 YEAS-40 Andrews, Hager, Howard, Reibman, Andrews, Hankins, McCormack, Reibman, Bell, Hess, Kusse, Snyder, Arlene, Hess, McKinney, Romanelli, Corman, Holl, Manbeck, Stauffer, Corman, Holl, Mellow, Ross, Dougherty, Hopper, Moore, Tilghman, Dougherty, Hopper, Messinger, Scanlon, Dwyer, Duffield, Howard, Moore, Schaefer, Dwyer, Kelley, Murray, Smith, So the question was determined in the affirmative, and the Early, Kury, Nolan, Stapleton, motion was agreed to. Furno, Kusse, Noszka, Sweeney, Gekas, Lewis, O'Pake, Tilghman, The PRESIDENT pro tempore. House Bill No. 2220 will go Gurzenda, Lynch, Orlando, Zemprelli, over in its order. NAYS-7 The PRESIDING OFFICER (Eugene F. Scanlon) in the Chair. Bell, Hager, Manbeck, Stauffer, Coppersmith, Jubelirer, Snyder, BILL OVER IN ORDER HB 2439 - Without objection, the bill was passed over in its A constitutional majority of all the Senators having voted order at the request of Senator MESSINGER. "aye," the question was determined in the affirmative. Ordered, That the Clerk return said bill to the House of Rep­ SECOND CONSIDERATION CALENDAR resentatives with information that the Senate has passed the same with amendments in which concurrence of the House is BILLS OVER IN ORDER requested. HB 1120 and 2142 - Without objection, the bills were 1160 LEGISLATIVE JOURNAL-SENATE November 15,

passed over m their order at the request of Senator because it is my information that the House will not agree to MESSINGER. sine die tonight and we will be required to come back here on the 30th. If we leave. these bills on the Calendar, it will require further expenses of printing and we do not want to be faced PERMISSION TO ADDRESS SENATE with this on the 30th. Senator BELL asked and obtained unanimous consent to ad­ Senator ANDREWS. Mr. President, I would urge my col­ dress the Senate. leagues to keep this bill on the Calendar. I believe it is a good Senator BELL. Mr. President, I know I am completely out of bill. It limits attorneys' fees in workmen's compensation cases order. However, I wanted to make a remark when we were con­ and I believe it is a very important issue to which we should ad­ sidering the last bill on the Third Consideration Calendar dress ourselves and I would object to its recommittal. which dealt with garbage. The PRESIDING OFFICER. I do not believe a motion to re­ commit is debatable. recommittal also CONSIDERATION OF CALENDAR RESUMED Senator BELL. Mr. President, I oppose the because I hope to have more votes if we come back here on SENATE RESOLUTION, November 30th. SERIAL NO. 122, CALLED UP Senator MESSINGER, without objection, called up from page And the question recurring, 12 of the Calendar, Senate Resolution, Serial No. 122, en­ Will the Senate agree to the motion? titled: The yeas and nays were taken agreeably to the provisions of Directing the Public Utility Commission to submit to the the Constitution and were as follows, viz: Senate its findings on incremental gas pricing. YEAS-29 On the question, Will the Senate adopt the resolution? Arlene, Kelley, Messinger, Ross, Duffield, Kury, Murray, Scanlon, SENATE RESOLUTION, SERIAL NO. 122, ADOPTED Early, Lewis, Nolan, Schaefer, Furno, Lynch, Noszka, Smith, Senator MESSINGER. Mr. President, I move that the Senate Gekas, McCormack, O'Pake, Stapleton, Orlando, do adopt Senate Resolution, Serial No. 122. Gurzenda, McKinney, Sweeney, Hankins, Mellow, Romanelli, Zemprelli, The motion was agreed to and the resolution was adopted. Jubelirer,

NAYS-17 RECONSIDERATION OF HB 2220 Andrews, Hager, Howard, Reibman, BILL RECOMMITTED Bell, Hess, Kusse, Snyder, HB 2220 (Pr. No. 3936)- Senator NOLAN. Mr. President, I Corman, Holl, Manbeck, Stauffer, Dougherty, Hopper, Moore, Tilghman, move to reconsider the vote by which the bill previously went Dwyer, over in its order. Senator KELLEY. Mr. President, I second the motion. So the question was determined in the affirmative, and the The motion was agreed to. motion was agreed to. The PRESIDING OFFICER. House Bill No. 2220 is recom­ And the question recurring, mitted to the Committee on Labor and Industry. Will the Senate agree to the bill on third consideration? REORGANIZATION PLAN NO. 1, MOTION TO RECOMMIT RESOLUTION A, CALLED UP Senator NOLAN. Mr. President, I move that House Bill No. Senator MESSINGER, without objection, called up from page 2220, Printer's No. 3936 be recommitted to the Committee on 13 of the Calendar, Reorganization Plan No. 1, Resolution A, Labor and Industry. reading as follows: On the question, PLAN NO. 1 of 1978 Will the Senate agree to the motion? REORGANIZATION Section 1. The functions, powers and duties of the Depart­ Senator ANDREWS. Mr. President, I desire to interrogate ment of Justice with regard to investigation of the financial aspects of drug traffic matters as are now exercised by the Fi­ the gentleman from Allegheny, Senator Nolan. nancial Investigation Unit of the Department of Justice are The PRESIDING OFFICER. Will the gentleman from Alle­ transferred to the Department of Revenue. gheny, Senator Nolan, permit himself to be interrogated? Section 2. There are hereby transferred to the Department of Revenue to be used, employed and expended in connection Senator NOLAN. I will, Mr. President. with the functions, powers and duties transferred by section 1 Senator ANDREWS. Mr. President, I would ask the gentle­ of this reorganization plan, the personnel, records, files, prop­ man what difference it makes at this time, on the last day of erty, supplies, equipment and the unexpended balances of ap­ propriations, allocations, and other funds available or to be Session, whether the bill goes over or is recommitted? made available for use in connection with such functions, Senator NOLAN. Mr. President, it makes a lot of difference powers and duties. 1978. LEGISLATIVE JOURNAL-SENATE 1161

On the question, Senator HOWARD. Mr. President, we do not have a copy of Will the Senate adopt the resolution? this bill in front of us. It is not on the Calendar. May we please have an explanation on House Bill No. 210. REORGANIZATION PLAN NO. 1, RESOLUTION A, The PRESIDING OFFICER. The Senate will be at ease for a ADOPTED minute. Senator MESSINGER. Mr. President, I move that the Senate (The Senate was at ease.) do adopt Reorganization Plan No. 1, Resolution A. The PRESIDING OFFICER. For your information, Senator On the question, Howard, they are ordering copies of the bill to be distributed. Will the Senate agree to the motion? Senator HOWARD. Mr. President, I would like to speak on the Conference Report if I may. The yeas and nays were taken agreeably to the provisions of The PRESIDING OFFICER. The bill is on its way, Senator. the Constitution and were as follows, viz: Senator HOW ARD. Mr. President, shall I wait or shall I YEAS-46 speak now? The PRESIDING OFFICER. I believe you should read it be­ Andrews, Hager, McCormack, Romanelli, fore you speak, Senator. Arlene, Hankins, McKinney, Ross, Bell, Hess, Mellow, Scanlon, Senator HOWARD. Mr. President, I am sorry. I did not rec­ Coppersmith, Holl, Messinger, Schaefer, ognize the number and identification with the issue. I know the Corman, Hopper, Moore, Smith, substance of the report. May I proceed? Dougherty, Howard, Murray, Snyder, Duffield, Jubelirer, Nolan, Stapleton, The PRESIDING OFFICER. You may proceed. Dwyer, Kury, Noszka, Stauffer, Senator HOW ARD. Mr. President, I thank the gentleman Early, Kusse, O'Pake, Sweeney, from Philadelphia, Senator McKinney, for allowing me to bor­ Furno, Lewis, Orlando, Tilghman, Gekas, Lynch, Reibman, Zemprelli, row his copy of this precious document. Gurzenda, Manbeck, Mr. President, in hopes that some Members of the Chamber NAYS-1 may be listening, I would like to tell my colleagues- The PRESIDING OFFICER. Would the Senate please come to Kelley, order and listen to this debate? It is very important. A constitutional majority of all the Senators having voted Senator HOWARD. Mr. President, this is no debate, it is a "aye," the question was determined in the affirmative, and the plea. Senator Bell, the gentleman from Delaware, from time to resolution was adopted. time reminds us that the end of the Session is "turkey time" and I say to my colleagues in this bill it is "turkey time" indeed. a number of horse REPORT OF COMMITTEE OF CONFERENCE ON This bill, which represents a bonanza for of a Con­ HB 210 TAKEN FROM THE TABLE breeders in the State of Pennsylvania is the product ference Committee to which I was appointed. I did not sign the HB 210 (Pr. No. 3923} Without objection, Senator report and would like to explain why. MESSINGER called from the table Report of Committee of The maneuverings associated with this piece of legislation Conference on HB 210, and received unanimous consent for its are a stellar example of how the Racing Commission in the immediate consideration. State of Pennsylvania is, in fact, a captive of the very institu­ tion it, supposedly, regulates-thoroughbred racing. Any of my REPORT OF COMMITTEE OF CONFERENCE colleagues who have seen, in Sports Illustrated, the disgraceful REPORT ADOPTED article in the issue two weeks ago describing the sorry condi­ tion of thoroughbred racing generally, and in Pennsylvania in HB 210 (Pr. No. 3923} - Senator MESSINGER. Mr. Presi­ particular, know well that the investigation attempted by the dent, I move that the Senate adopt the Report of Committee of gentleman from Philadelphia, Senator McKinney, which was Conference on House Bill No. 210, entitled: derided by so many in that industry, was well founded indeed. "An act amending the act of December 11, 1967 (P. L. 707, This bill, when it left the Senate, after it was amended in the No. 331), entitled 'An act providing for and regulating Senate, had in it a bill dealing with the administration of thoroughbred horse racing with pari-mutuel wagering on the results thereof, creating the State Horse Racing Commission as "Bute" and other analgesic drugs to race horses in Pennsyl­ an independent administrative commission and defining its vania. It was the second effort by the Senate to gain acceptance powers and duties; providing for the establishment and oper­ of that concept in the State of Pennsylvania. Both those efforts ation of thoroughbred horse racing plants; imposing taxes on revenues of such plants; disposing of all moneys received by the have fallen afoul of the lobbyists in the House and it is a recom­ commission and all moneys collected from the taxes; author­ mendation from the experts in this field, including people in izing penalties; and making appropriations,' further providing the racing industry themselves, in an effort to curb what they for distribution of Pennsylvania Breeding Fund, making un­ lawful the use of certain devices and substances, imposing pen­ refer to as "widespread abuse of illegal drugs in racing." alties, providing for the appointment of an official state veter­ The version we have before us now, the Conference Commit­ inarian and imposing duties on the Secretary of Agriculture." tee Report, is an effort on the part of the lobbyists for many of On the question, the track owners .to strip that highly desirable feature from Will the Senate agree to the motion? this bill and grab their money and run. What they want is more 1162 LEGISLATIVE JOURNAL-SENATE November 15,

money which, incidentally, is not even needed. They character­ Senator MESSINGER asked and obtained unanimous con­ ize the need for their money in order to encourage breeding in sent for the immediate consideration of this resolution. Pennsylvania. Well, let me tell my colleagues, foaling was up On the question, substantially last year without an incentive. This is nothing Will the Senate adopt the resolution? more than an attempt to pick the pockets of the long suffering taxpayer-track enthusiasts again and I believe it is a disgrace­ SENATE RESOLUTION, SERIAL NO. 128, ADOPTED ful example of the power that a very narrow group of people in Senator MESSINGER. Mr. President, I move that the Senate the racing industry have in this State which has earned our do adopt Senate Resolution, Serial No. 128. State the reputation of being the dumping ground in racing. It The motion was agreed to and the resolution was adopted. flies in the face of the efforts of humanitarian agencies, includ­ ing the SPCA and others, to get a handle on the problem. We had a death at Bowie, Maryland, this summer as the result of RECESS the abuse of analgesic drugs in that racing program there. Six­ The PRESIDING OFFICER. This Senate will now have a ty Minutes is planning a segment on it. The Illinois Racing brief recess for the purpose of a Democratic and a Republican Commission is involved in an effort to curb the abuse of anal­ caucus; the Republican caucus to be held in their caucus room; gesic drugs. the Democratic caucus in the meeting room of the Committee This bill in its present form is nothing more than an effort on on Rules and Executive Nominations. the part of those people who do not want racing controlled, who want to be able to control this industry as they see fit, to do just that. AFTER RECESS Mr. President, I believe it is a disgraceful insult to the people The PRESIDING OFFICER. The time of recess having who are supposed to be controlling this sport and I would urge elapsed, the Senate will be in order. the rejection of this Conference Committee Report by the Sen­ The Senate has before it the Report of Committee of Confer­ ate. ence on House Bill No. 210.

REQUEST FOR REPUBLICAN CAUCUS And the question recurring, Will the Senate agree to the motion to adopt the Report of Senator STAUFFER. Mr. President, beginning with this bill, Committee of Conference on House Bill No. 210? we are beginning to deal with some legislation which is coming back to us from the House which has not appeared on the Cal­ Senator SCHAEFER. Mr. President, I desire to interrogate endar and has not been discussed. Therefore, I would, at this the gentleman from Bucks, Senator Howard. time, ask for a brief recess of the Senate in order that we may The PRESIDING OFFICER. Will the gentleman from Bucks, have a Republican caucus to brief our Members on the bills Senator Howard, permit himself to be interrogated? which will be considered in the next period of time. Senator HOWARD. I will, Mr. President. The PRESIDING OFFICER. Senator Stauffer has asked for a Senator SCHAEFER. Mr. President, due to the recess, I brief recess of the Senate for the purpose of a Republican cau­ would just like to have a few things clarified. cus in the Republican caucus room. This is the same bill the gentleman was speaking about prior to the recess, is that correct? Senator HOWARD. That is correct, Mr. President. REQUEST FOR DEMOCRATIC CAUCUS Senator SCHAEFER. Mr. President, I believe I was present Senator MESSINGER. Mr. President, Lwouldmake a similar during the time the gentleman made his comments. His request but before we do that, I have something here that is not comments concerned the fact that the amendment put into that controversial. Could we take this report from the Committee on bill by the Senate to ban the use of "Bute" forcy-eight hours or Rules and Executive Nominations on the resolution urging the less before a race was taken out by the Conference Committee, Boy Scouts to locate their museum in Valley Forge? If the Chair is that correct? would receive it now, I would be happy to offer the report. Senator HOWARD. That is correct, Mr. President. The PRESIDING OFFICER. Senator Stauffer, may we ac­ Senator SCHAEFER. Mr. President, did the gentleman's commodate the Boy Scouts before the Republican caucus? comments, insofar as his reaction to the Conference Committee Senator STAUFFER. I would be perfectly satisfied, Mr. Report, stem from the fact that the Conference Committee, President. other than deleting the "Bute" provision, changed the original bill? Senator HOWARD. Mr. President, there is a great deal of de­ RESOLUTION REPORTED FROM COMMITTEE bate as to whether the original and remaining substance of the Senator MESSINGER, by unanimous consent, from the Com­ bill is even necessary but the amendments which were placed in mittee on Rules and Executive Nominations, reported without the bill made it acceptable and now their removal makes it un­ amendment, Senate Resolution, Serial No. 128, entitled: acceptable to many people who are in the SPCA group and Urging Boy Scouts to relocate the National Museum of the other humanitarian groups. Boy Scouts of America in Valley Forge. Senator SCHAEFER. Mr. President, I would like to focus pre- 1978. LEGISLATIVE JOURNAL-SENATE 1163 cisely on the nature of the gentleman's objection. Is the gentle­ the pockets of the public. They again are getting it in the neck. man's objection basically due to the fact that the prohibition I would only point out to the Members of the Senate that I wish against the use of"Bute" forty-eight hours before a race was re­ all of them had a chance to hear the testimony in the House be­ moved by the Conference Committee? fore the Committee on Agriculture when the original "Bute" Senator HOWARD. That is right, Mr. President. That is my bill was being considered. It was a very large hearing, very objection and, technically, it is not just "Bute" but a whole fam­ tumultous. We had really shocking testimony from experts in ily of analgesic type drugs. the field. Their testimony was largely ignored by the very peo­ Senator SCHAEFER. One other question, Mr. President. ple who are now coming to us telling us to pay them more Would the gentleman tell us whether or not the Commission money. has recently promulgated a regulation prohibiting the use of Mr. President, I believe the issue is whether we are really go­ "Bute" twenty-four hours or less before a race? ing to permit people who are dominating the racing scene in Senator HOW ARD. That is correct, Mr. President. In a meet­ Pennsylvania to continue things in their own merry way as ing about three weeks ago the Thoroughbred Racing Commis­ they have been in the past with practically no interference sion did adopt a regulation aimed at the banning of "Bute" and from any regulatory agency in Pennsylvania, producing stories other analgesic type drugs for twenty-four hours prior to a which appeared recently in Sports Illustrated, abusing animals, race. I was present during those hearings. It was widely as­ endangering human life in the process or whether we will meet sumed that the effort on the part of the Commission was de­ our responsibilities and try to do something about it. I believe signed to reduce the objection to the elimination of the "Bute" this bill provides us with one of the rare opportunities to take feature in this particular bill. It is that maneuver to which I that step. was referring earlier when I characterized this as a very slick It is for that reason, Mr. President, that I hope the Senate piece of political maneuvering by the racing interests in the will reject this Conference Committee Report because it will be State of Pennsylvania. one of the very few opportunities we have to use the leverage I Senator SCHAEFER. I thank the gentleman, Mr. President. think is necessary to get those guys on the ball. Mr. President, I am going to vote for the Conference Commit­ And the question recurring, tee Report on House Bill No. 210 but, in doing so, I want it Will the Senate agree to the motion? shown on the record that I, and I believe many of my col­ leagues, share the gentleman's concern, not only over the pres­ The yeas and nays were taken agreeably to the provisions of ent state of the horse racing industry in Pennsylvania but also the Constitution and were as follows, viz: the concern over the use of "Bute" as he has expressed it quite YEAS-34 adequately. I feel, however, that the bill in its present form is not objectionable and I do feel that the issue of "Bute" can be Arlene, Holl, Messinger, Romanelli, dealt with separately. Corman, Jubelirer, Moore, Ross, Duffield, Kelley, Murray, Scanlon, I would also agree with the gentleman about the horse racing Dwyer, Kury, Nolan, Schaefer, investigation which I chaired. I did not receive much support Early, Lynch, Noszka, Smith, from the industry. I know of some people in the industry who, Furno, Manbeck, O'Pake, Stapleton, Gekas, McCormack, Orlando, Stauffer, perhaps, should really be in jail today. Perhaps we can get into Gurzenda, McKinney, Reibman, Zerriprelli, that in the next Session. At that time I will support the gentle­ Hankins, Mellow, man from Bucks, Senator Howard, 100 per cent. However, I cannot support the gentleman when he tries to insert his NAYS-12 "Bute" bill into House Bill No. 210 in the form of an amend- Andrews, Hager, Howard, Snyder, ment. I feel we should adopt the Conference Committee Report Bell, Hess, Kusse, Sweeney, on House Bill No. 210. Dougherty, Hopper, Lewis, Tilghman, Senator HOWARD. Mr. President, I promise that this will be my last comment on this subject. It is no accident that we are now dealing with this matter here in the Senate in the very last A constitutional majority of all the Senators having voted moments of this very long Session. In fact, this matter was on "aye," the question was determined in the affirmative. the Homf Calendar for several days, but the word was out that Ordered, That the Clerk inform the House of Representatives it would not be permitted to come out on the Senate Calendar accordingly. because it might jeopardize its chances of passage if the people who are concerned about it have a chance to mobilize. HOUSE MESSAGES I would like to make one more illustration of what I believe is HOUSE ADOPTS REPORTS OF COMMITTEES OF very slick maneuvering that goes on behind this bill. The gen­ CONFERENCE tleman from Allegheny, Senator Zemprelli, said there is only one issue involved in it and that is whether the breeders should The Clerk of the House of Representatives being introduced, be permitted to enjoy a greater return of money that costs no­ informed the Senate that the House has adopted Reports of body money. We all know that money is paid by somebody Committees of Conference on HB 872 and 1731, which were when somebody gets it and, in this instance, it is coming out of laid on the table. 1164 LEGISLATIVE JOURNAL-SENATE November 15,

REPORT OF COMMITTEE OF CONFERENCE ON dent, I move that the Senate adopt the Report of Committee of HB 1851 TAKEN FROM THE TABLE Conference on House Bill No. 1731, entitled: BB 1851 (Pr. No. 3927)- Without objection, Senator MES­ An act amending the act of March 31, 1937 (P. L. 160, No. SINGER called from the table Report of Conference on HB 43), entitled 'An act creating a commission to be known as the Pennsylvania Public Utility Commission; defining in part the 1851, and received unanimous consent for its immediate con­ powers and duties of such commission; abolishing The Public sideration. Service Commission of the Commonwealth of Pennsylvania, terminating the terms of the members thereof, and transfer­ REPORT OF COMMITTEE OF CONFERENCE ring to the Pennsylvania Public Utility Commission the rec­ ords, employes, property, and equipment of The Public Service REPORT ADOPTED Commission of the Commonwealth of Pennsylvania; authoriz­ ing the Pennsylvania Public Utility Commission to appear in HB 1851 (Pr. No. 3927) Senator MESSINGER. Mr. Presi­ and complete all pending proceedings, legal or otherwise, insti­ dent, I move that the Senate adopt the Report of Committee of tuted before, by or against The Public Service Commission of the Commonwealth of Pennsylvania; providing that all certifi­ Conference on House Bill No. 1851, entitled: cates of public convenience, contracts, orders, and rules and regulations of the latter commission shall remain effective un­ "An act amending the act of April 29, 1937 (P. L. 487, No. til repealed, changed or modified by the Pennsylvania Public 115), entitled, as amended, 'An act to provide for the perman­ Utility Commission, and transferring***,' providing for hear­ ent personal registration of electors in cities of the second class, cities of the second class A, cities of the third class, bor­ ings and appeals not involving rate determination matters and oughs, towns, and townships as a condition of their right to for the assessment of regulatory expenses upon public util­ vote at elections and primaries, and their enrollment as ities." members of political parties as a further condition of their On the question, right to vote at primaries***; and imposing penalties,' author­ izing change of registration by mail and providing for residence Will the Senate agree to the motion? requirements for registration and voting for certain electors confined in penal institutions and mental institutions." The yeas and nays were taken agreeably to the provisions of the Constitution and were as follows, viz: On the question, Will the Senate agree to the motion? YEAS-45

The yeas and nays were taken agreeably to the provisions of Andrews, Hager, Manbeck, Reibman, the Constitution and were as follows, viz: Arlene, Hankins, McCormack, Romanelli, Bell, Hess, McKinney, Ross, Coppersmith, Holl, Mellow, Scanlon, YEAS-47 Corman, Hopper, Messinger, Smith, Dougherty, Howard, Moore, Snyder, Andrews, Hager, Manbeck, Romanelli, Duffield, Jubelirer, Murray, Stapleton, Arlene, Hankins, McCormack, Ross, Dwyer, Kelley, Nolan, Stauffer, Bell, Hess, McKinney, Scanlon. Early, Kusse, Noszka, Sweeney, Coppersmith, Holl, Mellow, Schaefer, Furno, Lewis, O'Pake, Tilghman, Corman, Hopper, Messinger, Smith, Gekas, Lynch, Orlando, Zemprelli, Dougherty, Howard, Moore, Snyder, Gurzenda, Duffield, Jubelirer, Murray, Stapleton, Dwyer, Kelley, Nolan, Stauffer, Early, Kury, Noszka, Sweeney, NAYS-2 Furno, Kusse, O'Pake, Tilghman, Gekas, Lewis, Orlando, Zemprelli, Kury, Schaefer, Gurzenda, Lynch, Reibman, A constitutional majority of all the Senators having voted NAYS-0 "aye," the question was determined in the affirmative. A constitutional majority of all the Senators having voted Ordered, That the Clerk inform the House of Representatives "aye,'' the question was determined in the affirmative. accordingly. Ordered, That the Clerk inform the House of Representatives accordingly. POINT OF INFORMATION Senator KURY. Mr. President, I rise to a point of informa­ REPORT OF COMMITTEE OF CONFERENCE ON tion. HB 1731 TAKEN FROM THE TABLE The PRESIDING OFFICER. The gentleman from Northum­ HB 1731 (Pr. No. 3929) Without objection, Senator MES­ berland, Senator Kury, will state it. SINGER called from the table Report of Committee of Confer­ Senator KURY. Mr. President, on what bill did we just vote'? ence on HB 1731, and received unanimous consent for its im­ The PRESIDING OFFICER. Senator, we just voted on the Conference Committee Report OTLHouse Bill No. 1731. mediate consideration. Senator KURY. Mr. President, I was working up my Calen­ REPORT OF COMMITTEE OF CONFERENCE dar here. I voted under a misapprehension. I wish to have my vote changed from "no" to "aye." REPORT ADOPTED The PRESIDING OFFICER. The gentleman's remarks will be HB 1731 (Pr. No. 3929) Senator MESSINGER. Mr. Presi- noted on the record. 1978. LEGISLATIVE JOURNAL-SENATE 1165

SB 1104 TAKEN FROM THE TABLE SB 1606 TAKEN FROM THE TABLE SB 1104 (Pr. No. 2213) - Without objection, Senator MES- SB 1606 (Pr. No. 2216) - Without objection, Senator MES- SINGER called from the table SB 1104, and received unani- SINGER called from the table SB 1606, and received unani· mous consent for its immediate consideration. mous consent for its immediate consideration. BILL ON CONCURRENCE IN HOUSE AMENDMENTS BILL ON CONCURRENCE IN HOUSE AMENDMENTS BILL OVER IN ORDER TEMPORARILY SENATE CONCURS IN HOUSE AMENDMENTS SB 1104 (Pr. No. 2213) - Senator MESSINGER. Mr. Presi- SB 1606 (Pr. No. 2216) - Senator MESSINGER. Mr. Presi- dent, I move that the Senate do concur in the amendments dent, I move that the Senate do concur in the amendments made by the House to Senate Bill No. 1104. made by the House to Sepate Bill No. 1606. On the question, On the question, Will the Senate agree to the motion? Will the Senate agree to the motion? REQUEST FOR BILL OVER IN ORDER TEMPORARILY The yeas and nays were taken agreeably to the provisions of Senator ANDREWS. Mr. President, would it be possible to go the Constitution and were as follows, viz: over Senate Bill No. 1104 while the gentleman from Lycoming, YEAS-47 Senator Hager, and the gentleman from Chester, Senator Stauffer, are out of the Chamber? Andrews, Hager, Manbeck, Romanelli, The PRESIDING OFFICER. Senate Bill No. 1104 will go over Arlene, Hankins, McCormack, Ross, Bell, Hess, McKinney, Scanlon, in its order temporarily. Coppersmith, Holl, Mellow, Schaefer, Corman, Hopper, Messinger, Smith, Dougherty, Howard, Moore, Snyder, SB 1220 TAKEN FROM THE TABLE Duffield, Jubelirer, Murray, Stapleton, Dwyer, Kelley, Nolan, Stauffer, SB 1220 (Pr. No. 2214)- Without objection, Senator MES­ Early, Kury, Noszka, Sweeney, SINGER called from the table SB 1220, and received unani­ Furno, Kusse, O'Pake, Tilghman, mous consent for its immediate consideration. Gekas, Lewis, Orlando, Zemprelli, Gurzenda, Lynch, Reibman, BILL ON CONCURRENCE IN HOUSE AMENDMENTS NAYS-0 SENATE CONCURS IN HOUSE AMENDMENTS A constitutional majority of all the Senators having vot.ed SB 1220 (Pr. No. 2214) - Senator MESSINGER. Mr. Presi­ "aye," the question was determined in the affirmative. dent, I move that the Senate do concur in the amendments Ordered, That the Clerk inform the House of Representatives made by the House to Senate Bill No. 1220. accordingly. On the question, Will the Senate agree to the motion? SB 1539 TAKEN FROM THE TABLE The yeas and nays were taken agreeably to the provisions of SB 1539 (Pr. No. 2203) - Without objection, Senator MES­ the Constitution and were as follows, viz: SINGER called from the table SB 1539, and received unani­ YEAS-36 mous consent for its immediate consideration.

Andrews, Holl, McKinney, Ross, BILL ON CONCURRENCE IN HOUSE AMENDMENTS Arlene, Hopper, Mellow, Scanlon, Dougherty, Jubelirer, Messinger, Schaefer, SENATE CONCURS IN HOUSE AMENDMENTS Duffield, Kelley, Murray, Smith, Early, Kucy, Nolan, Stapleton, SB 1539 (Pr. No. 2203)- Senator MESSINGER. Mr. Presi­ Furno, Lewis, Noszka, Stauffer, dent, I move that the Senate do concur in the amendments Gurzenda, Lynch, O'Pake, Sweeney, made by the House to Senate Bill No. 1539. Hankins, Manbeck, Orlando, Tilghman, Hess, McCormack, Romanelli, Zemprelli, On the question, Will the Senate agree to the motion? NAYS-10 The yeas and nays were taken agreeably to the provisions of Bell, Gekas, Kusse, Reibman, the Constitution and were as follows, viz; Corman, Hager, Moore, Snyder, Dwyer, Howard, YEAS-47

A constitutional majority of all the Senators having voted Andrews, Hager, Manbeck, Romanelli, "aye," the question was determined in the affirmative. Arlene, Hankins, McCormack, Ross, . Bell, Hess, McKinney, Scanlon, Ordered, That the Clerk inform the House of Representatives Coppersmith, Holl, Mellow, Schaefer, accordingly. Corman, Hopper, Messinger, Smith, 1166 LEGISLATIVE JOURNAL-SENATE November 15,

Dougherty, Howard, Moore, Snyder, The PRESIDING OFFICER. The gentleman from Erie, Sen­ Duffield, Jubelirer, Murray, Stapleton, ator Orlando, will state it. Dwyer, Kelley, Nolan, Stauffer, Early, Kury, Noszka, Sweeney, Senator ORLANDO. Mr. President, what are we voting on Furno, Kusse, O'Pake, Tilghman, now? Gekas, Lewis, Orlando, Zemprelli, The PRESIDING OFFICER. We are voting on the Conference Gurzenda, Lynch, Reibman, Committee Report on House Bill No. 1171. NAYS-0 Senator ORLANDO. Mr. President, are we voting on the bill A constitutional majority of all the Senators having voted itself? "aye," the question was determined in the affirmative. The PRESIDING OFFICER. That is correct, Senator, on the Ordered, That the Clerk inform the House of Representatives Conference Committee Report. accordingly. Senator ORLANDO. Mr. President, I would ask a "yes" vote from my colleagues on the Conference Committee Report.

HOUSE MESSAGES POINT OF INFORMATION SENATE BILLS RETURNED WITH AMENDMENTS Senator ROMANELLI. Mr. President, I rise to a point of in- formation. The Clerk of the House of Representatives being introduced, The PRESIDING OFFICER. The gentleman from Allegheny, returned to the Senate SB 132 and 1458, with the information Senator Romanelli, will state it. that the House has passed the same with amendments in which Senator ROMANELLI. Mr. President, I do not know what we the concurrence of the Senate is requested. are voting on. Are we voting on the bill again or are we voting The PRESIDING OFFICER. The bills, as amended, will be to reconsider it? laid on the table. The PRESIDING OFFICER. We are voting on the bill, Sen- ator, final passage on the Conference Committee Report. RECONSIDERATION OF REPORT OF The yeas and nays were taken agreeably to the provisions of COMMITTEE OF CONFERENCE ON HB 1171 the Constitution and were as follows, viz:

REPORT REJECTED YEAS-23 HB 1171 (Pr. No. 3904) Senator SMITH. Mr. President, I Corman, Jubelirer, Moore, Snyder, move that the Senate do now reconsider the vote by which the Dougherty, Kelley, O'Pake, Stapleton, Dwyer, Kusse, Orlando, Stauffer, Report of Committee of Conference on House Bill No. 1171, Early, Lewis, Romanelli, Tilghman, Printer's No. 3904, was adopted. Gekas, Manbeck, Scanlon, Zemprelli, Senator McCORMACK. Mr. President, I second the motion. Hopper, Mellow, Schaefer, The motion was agreed to. NAYS-22 And the question recurring, Andrews, Hager, Lynch, Nolan, Will the Senate adopt the Report of Committee of Confer­ Arlene, Hankins, McCormack, Reibman, ence? Bell, Hess, McKinney, Ross, Duffield, Holl, Messinger, Smith, POINT OF ORDER Furno, Howard, Murray, Sweeney, Gurzenda, Kury, Senator KELLEY. Mr. President, I rise to a point oforder. The PRESIDING OFFICER. The gentleman from Westmore­ Less than a majority of all the Senators having voted "aye," land, Senator Kelley, will state it. the question was determined in the negative. Senator KELLEY. Mr. President, I believe the question is whether or not we will adopt the Conference Report on House SB 1104 CALLED UP Bill No. 1171. The PRESIDING OFFICER. I stand corrected, Senator. The SB 1104 (Pr. No. 2213)- Without objection, the bill, which question is, shall we adopt the Conference Committee Report previously went over in its order temporarily, was called up on House Bill No. 1171. from the table by Senator MESSINGER.

And the question recurring, BILL ON CONCURRENCE IN HOUSE AMENDMENTS Will the Senate adopt the Report of Committee of Confer­ SENATE CONCURS IN HOUSE AMENDMENTS ence? SB 1104 (Pr. No. 2213)-And the question recurring, (During the calling of the roll, the following occurred:) Will the Senate agree to the motion to concur in the amend­ POINT OF INFORMATION ments made by the House to Senate Bill No. 1104? Senator ORLANDO. Mr. President, I rise to a point of infor­ Senator STAUFFER. Mr. President, I desire to interrogate mation. the gentleman from Lackawanna, Senator Mellow. 1978. LEGISLATIVE JOURNAL-SENATE 1167

The PRESIDING OFFICER. Will the gentleman from Lacka­ The PRESIDING OFFICER. It has been moved by Senator wanna, Senator Mellow, permit himself to be interrogated? Messinger that the Senate recess to the call of the Chair. Senator MELLOW. I will, Mr. President. Before we recess, I would like to thank everybody for their Senator STAUFFER. Mr. President, when we had our brief cooperation and a hard day's work. It has been a very long day caucus, we did not have information regarding the contents of and it was appreciated. Senate Bill No. 1104. Could the gentleman brief us on the changes in Senate Bill No. 1104? Senator MELLOW. Mr. President, Senate Bill No. 1104 is a POINT OF INFORMATION Joint State Government bill. There was a series of bills which Senator BELL. Mr. President, I rise to a point of information. we passed approximately one year ago and sent over to the The PRESIDING OFFICER. The gentleman from Delaware, House. The House did not take action until just this past week. Senator Bell, will state it. This bill deals with changing the status of civil defense and also Senator BELL. Mr. President, if we are called back will we be changes the name of civil defense. given eight hours' notice or something like that? The bill, which was amended by the House, has several minor The PRESIDING OFFICER. I am sure you will, Senator Bell. changes in it, all of which have been reviewed and okayed by Senator BELL. Thank you, Mr. President. the Joint State Government Commission. It is basically the The PRESIDING OFFICER. May we be at ease for just a mo­ same bill which was passed here in the Senate approximately ment. one year ago. I would urge final passage of the bill tonight. (The Senate was at ease.) Senator STAUFFER. Mr. President, since our caucus recess I have been provided with a copy of the Joint State Government MOTION TO RECESS WITHDRAWN Commission analysis of the House amendments in Senate Bill Senator MESSINGER. Mr. President, I will withdraw my mo· No. 1104. The report indicates that the House amendments are tion to recess to the call of the Chair. There are Members who consistent with the basic policies which underlie the original wish to discuss two bills that were sent here from the House so, Senate version. at this time, I will withdraw my motion. For that reason, Mr. President, I would recommend to our The PRESIDING OFFICER. Senator Messinger has with­ Members an affirmative vote on concurrence. drawn his motion to recess to the call of the Chair. And the question recurring, Will the Senate agree to the motion? REPORT OF COMMITTEE OF CONFERENCE ON The yeas and nays were taken agreeably to the provisions of HB 872 TAKEN FROM THE TABLE the Constitution and were as follows, viz: HB 872 (Pr. No. 3930) - Without objection, Senator MES­ YEAS-47 SINGER called from the table Report of Committee of Confer­ ence on HB 872, and received unanimous consent for its imme­ Andrews, Hager, Manbeck, Romanelli, diate consideration. Arlene, Hankins, McCormack, Ross, Bell, Hess, McKinney, Scanlon, Coppersmith, Holl, Mellow, Schaefer, REPORT OF COMMITTEE OF CONFERENCE Corman, Hopper, Messinger, Smith, Dougherty, Howard, Moore, Snyder, REPORT REJECTED Duffield, Jubelirer, Murray, Stapleton, HB 872 (Pr. No. 3930) - Senator MESSINGER. Mr. Presi­ Dwyer, Kelley, Nolan, Stauffer, Early, Kury, Noszka, Sweeney, dent, I move that the Senate adopt the Report of Committee of Furno, Kusse, O'Pake, Tilghman, Conference on House Bill No. 872, entitled: Gekas, Lewis, Orlando, Zemprelli, Gurzenda, Lynch, Reibman, An act amending Title 42 (judiciary and judicial procedure) of the Pennsylvania Consolidated Statutes, further providing for the operation of district justices, fixing the jurisdiction costs, NAYS-0 educational requirements and transfer procedures for district justices and prohibiting the use of senior district justices." A constitutional majority of all the Senators having voted On the question, "aye," the question was determined in the affirmative. Will the Senate agree to the motion? Ordered, That the Clerk inform the House of Representatives accordingly. Senator STAUFFER. Mr. President, I hope the Members, at this late hour, will pay attention because we have discovered a MOTION TO RECESS problem in House Bill No. 872 that is most unfortunate and it is the reason that the suggestion had been made that this bill go Senator MESSINGER. Mr. President, I move that the Senate over. now recess to the call of the Chair with the understanding, dur­ Although there is much good in House Bill No. 872, we find ing the recess, that we will transmit papers between the two there is a repealer which we believe is a very dangerous repeal­ Houses and, at the end of that period, we will make the motion er. Under present law, if the Legislative Reference Bureau to adjourn to the call of the Chair. wishes to change a statute that we pass when they are about to 1168 LEGISLATIVE JOURNAL-SENATE November 15,

have it printed, because they are endeavoring to correct an YEAS-7 error or make an editorial or technical change, the law provides that they must bring forth that proposal and have it approved Early, Gekas, O'Pake, Zemprelli, Furno, Gurzenda, Romanelli, and signed by the President pro tempore of the Senate, the Speaker of the House and the Attorney General. This provides NAYS-38 a protection so that people working in the Bureau are not given the opportunity to change legislation without the oversight and Andrews, Holl, McKinney, Ross, Arlene, Hopper, Mellow, Scanlon, approval of elected officials. Bell, Howard, Messinger, Schaefer, In this bill before us, House Bill No. 872, there is a repealer Corman, Jubelirer, Moore, Smith, which totally repeals that provision. It would permit the Legis­ Dougherty, Kelley, Murray, Snyder, Duffield, Kury, Nolan, Stapleton, lative Reference Bureau, on its own, without any approval from Dwyer, Kusse, Noszka, Stauffer, the House, the Senate or the Attorney General, to make these Hager, Lewis, Orlando, Sweeney, corrections or changes. We feel that is a very dangerous prece­ Hankins, Lynch, Reibman, Tilghman, Hess, McCormack, dent and one we certainly should not approve at this late hour this evening. For that reason, I ask that this bill be defeated. Less than a majority of the Senators having voted "aye," the Senator ZEMPRELLL Mr. President, philosophically, we question was determined in the negative. may very well agree with the principle and I do not disagree with the fact that what the gentleman from Chester, Senator SB 1458 TA.KEN FROM THE TABLE Stauffer, says is correct. I understand it has been the history that a correction has only been made one time in the known his­ SB 1468 (Pr. No. 2193) - Without objection, Senator MES­ tory to the Senate under circumstances similar to those to SINGER called from the table SB 1458, and received unani­ which he alludes. However, the bill is of such magnitude and in mous consent for its immediate consideration. such dire need at this time that the effective date of the bill, BILL ON CONCURRENCE IN HOUSE AMENDMENTS which is thirty days from the date of passage, and by the time the Governor signs it, we would have sufficient time to correct ON DIVISION OF THE QUESTION SENATE CONCURS it if we philosophically disagree with what is attempted to be IN HOUSE AMENDMENTS IN PART done there. SB 1458 (Pr. No. 2193) - Senator MESSINGER. Mr. Presi­ Mr. President, the bill embraces major revisions to the magis­ dent, I move that the Senate do concur in the amendments trate system. It also picks up what is needed to clarify JARA made by the House to Senate Bill No. 1458. and I sincerely request the Senate, at this time, to go along On the question, with the adoption of this Conference Committee Report with Will the Senate agree to the motion? the understanding that we will make that correction and have CONSTITUTIONAL POINT OF ORDER sufficient time before it becomes effective. Senator STAUFFER. Mr. President, I believe the issue at Senator STAUFFER. Mr. President, I rise to a constitutional stake here is so important to this Senate and to this General point of order. Assembly that we should take the opposite approach than the The PRESIDING OFFICER. The gentleman from Chester, one suggested by the gentleman from Allegheny, Senator Zem­ Senator Stauffer, will state it. prelli. Senator STAUFFER. Mr. President, would the Chair indicate I believe the wisest thing for us to do is to defeat this legisla­ whether Senate Bill No. 1458 is in proper order to be consid­ tion with the idea that when we come back in January we will ered by the Senate and along with that, I might say, does it take care of quickly enacting all of the good things we need meet.the test of Article III, Section 3, of the Pennsylvania Con­ which are in this bill rather than take the risk of passing a piece stitution? oflegislation that can set a very dangerous precedent. The PRESIDING OFFICER. Senator Stauffer, are you rais­ ing a constitutional point of order? Mr. President, I might point out that I certainly dispute the Senator STAUFFER. I am, Mr. President. information that the gentleman has that there has only been Senator ZEMPRELLI. Mr. one change. There are changes made regularly. Of course, these President, may I say that the sec­ tion which has been alluded changes must be made with the approval of the officials I men­ to with respect to the ruling as re­ quested by the gentleman tioned. If we permit changes without any approval, goodness from Chester, Senator Stauffer, would apply if an amendment were being offered knows how many more changes might be made without our on the floor of knowledge. the Senate. However, the bill is before us on concurrence and the issue before us is whether or not we are to concur in the bill that has been amended in the House. Therefore, the issue is not germane. And the question recurring, The PRESIDING OFFICER. Will the Senate agree to the motion? Senator Stauffer has raised a constitutional point of order which, in essence, states that the The yeas and nays were taken agreeably to the provisions of amendments placed by the House are in violation of the Consti­ the Constitution and were as follows, viz: tution. Therefore, his point of order is in order. 1978. LEGISLATIVE JOURNAL-SENATE 1169

Senator ZEMPRELLI. Is that the ruling of the Chair, Mr. MOTION TO CONCUR IN HOUSE President, that on concurrence, because the bill in its form AMENDMENTS IN PART before us having been amended in the House, we have the Senator STAUFFER. Mr. President, I would rephrase my mo­ power now to determine that that bill is not in order? tion. I move that the Senate concur in the amendments placed Mr. President, I am willing to admit that if those amend· by the House in Senate Bill No. 1458; of the title of lines 1 to 5 ments were offered before this Body for consideration in the on page 1, lines 12 to 21 of page 1, all of the amendments on bill, quite properly, the Chair would have the opportunity and pages 2 through 21 and the amendments on lines 1 and 2 of rightfully rule them out of order. But I believe the history of page 22, and that we nonconcur in the balance of the bill. this situation needs to be stated at this time. The PRESIDING OFFICER. It has been moved by Senator Having been aware of the fact that this aspect of the bill was Stauffer that we concur in the House amendments placed in amended in the House, every effort was made by me and others Senate Bill No. 1458 to the following extent: On the title page, who were interested in this legislation to have it deleted at that page 1, lines 1 through 5 and on page l, lines 12 through 21, all point in time. The House has taken exactly the contrary rule. It of pages 2 through 21, and lines 1 and 2 of page 22. has refused to revert. It has also refused to recognize the fact Does everyone understand the question? that there was a constitutional question. That Body has en­ On the question, acted in that fashion on this matter. Now the matter is before Will the Senate agree to the motion? us strictly on concurrence and it is my judgment, if not the judgment of the Chair, that the only issue before the Senate at The yeas and nays were taken agreeably to the provisions of this time is whether or not we concur in the measure before us. the Constitution and were as follows, viz: The PRESIDING OFFICER. It is the position of the Chair YEAS-46 that this Body has the power to determine whether or not the amendments offered by the House are constitutional. That Andrews, Hankins, McCormack, Romanelli, point of order has been propounded by Senator Stauffer and it Arlene, Hess, McKinney, Ross, Coppersmith, Holl, Mellow, Scanlon, is in order. If this Senate so decides that the amendments were Corman, Hopper, Messinger, Schaefer, placed in the bill in an unconstitutional manner, it will be re­ Dougherty, Howard, Moore, Smith, turned to the House and they will be so instructed. Duffield, Jubelirer, Murray, Snyder, Dwyer, Kelley, Nolan, Stapleton, Senator STAUFFER. Mr. President, if I may make a sugges­ Early, Kury, Noszka, Stauffer, tion which, if the gentleman from Allegheny, Senator Zem­ Furno, Kusse, O'Pake, Sweeney, prelli, would entertain it, may be way out of this delemma; that Gekas, Lewis, Orlando, Tilghman, Gurzenda, Lynch, Reibman, Zemprelli, would be the possibility of my withdrawing the constitutional Hager, Manbeck, question and moving to divide the question and considering the savings and loan portion of the bill and defeating the rest. In NAYS-1 that way we would deal with one subject and would be able to Bell, save the important issue the gentleman raises and still not vio­ So the question was determined in the affirmative, and the late the Constitution, which clearly indicates, not the question motion was agreed to. of concurrence but that no bill shall be passed containing more The PRESIDING OFFICER. The amendments as stated are than one subject. concurred in. The PRESIDING OFFICER. It is the opinion of the Chair that this bill is divisible and we can proceed in that fashion. MOTION TO NONCONCUR IN HOUSE AMENDMENTS IN PART Senator ZEMPRELLI. Mr. President, I have no problem with that, that is precisely where I want to be. Senator STAUFFER. Mr. President, I move that the amend­ ments inserted by the House in Senate Bill No. 1458 of lines 3 CONSTITUTIONAL POINT OF ORDER WITHDRAWN through 21 on page 22 and the balance of the bill be non­ Senator STAUFFER. Mr. President, I withdraw my constitu­ concurred in. tional point of order. On the question, The PRESIDING OFFICER. The Chair hears no objection and Will the Senate agree to the motion? the constitutional point of order is withdrawn. The motion was agreed to. Ordered, That the Clerk inform the House of Representatives accordingly. MOTION TO DIVIDE BILL Senator STAUFFER. Mr. President, I move that Senate Bill UNFINISHED BUSINESS No. 1458 be divided and that we concur in the amendments on page 1 to the top of page 22 and that we nonconcur in the bal­ SENATE RESOLUTIONS ance of the bill. DESIGNATING RIVER RELIEF ROUTE NEAR THE BOROUGH OF DA AS THE On the question, "WILLIAM B. LENTZ A Y" Will the Senate agree to the motion? Senator MESSINGER, on behalf of Senators GEKAS, 1170 LEGISLATIVE JOURNAL-SENATE November 15,

HAGER, MOORE, ANDREWS and STAUFFER offered the fol­ Expressing the sense of the General Assembly regarding re­ lowing resolution (Serial No. 129), which was read, considered sponsible decisions about alcohol. WHEREAS, the rroblems of alcohol abuse and alcoholism are and adopted: taking a heavy tol in economic loss and human misery in the communities of our State and nation; and In the Senate, November 15, 1978. WHEREAS, There is overwhelming evidence to support the premise that treatment of these problems, while still absolutely WHEREAS, The late Senator William B. Lentz was instru­ necessary, is not sufficient to the purpose of long-range reduc­ mental in promoting the establishment of a modem highway tion or solution to the problems; and connection between the city of Harrisburg and the northern WHEREAS, There needs to be developed a public policy that areas of Dau{lhin County; and makes prevention a priority issue in order to diminish the prob­ WHEREAS, The recent orening of the River Relief Route is lems of alcohol abuse and alcoholism; and the fruition of the efforts o the late Senator Lentz and others; WHEREAS, Prevention education will require the efforts of therefore be it many influential elements in our society, including the school, RESOLVED, That the Senate of Pennsylvania memorialize family, church, business, industry and labor so as to develop the Governor of the Commonwealth of Pennsylvania to direct comprehensive systems for delivering prevention services in a the Secretary of Transportation to designate that portion of more integrated and cooperative fashion; and the River Relief Route lying between Route 39 and Routes 22 WHEREAS, The seriousness of the problems of alcohol abuse and 322 near the borough of Dauphin as the William B. Lentz and alcoholism is recognized and the need for the development Highway; and be it furthur of public policy that supports specific responsible decision-mak­ RESOLVED, That a copy of the resolution be transmitted to ing practices about alcohol is an urgent priority; therefore be it the Governor of the Commonwealth of Pennsylvania. RESOLVED (the House of Representatives concurring), That the General Assembly of the Commonwealth of Pennsylvania, NAMING STILLWATER HALL AT THE UNIVERSITY in cooperation with the Education Commission of the States CENTER IN HARRISBURG AS "RICHARDS HALL" (ECS) and the Governor's Council on Drug and Alcohol Abuse Senators GEKAS and HOPPER offered the following resolu­ has proposed this resolution to make the citizens of the State aware of the situational, safety and health responsibilities of tion (Serial No. 130), which was read and referred to the Com­ the drinker and the non-drinker, and be it further mittee on Rules and Executive Nominations: RESOLVED (the House of Representatives concurring), That the General Assembly of the Commonwealth of Pennsylvania In the Senate, November 15, 1978. does not wish to interfere with the lawful private decisions about alcohol; however, the State should assist citizens of the WHEREAS, From the inception of the University Center at State in examining issues and personal practices concerning Harrisburg, located at 2991 North Front Street, formerly the drinking; and be it further Harrisburg Area Center for Higher Education, George J. Rich­ RESOLVED, That the Governor's Council on Drug and Alco­ ards, Major General Ret., has played a distinguished and guid­ hol Abuse will seek to make citizens aware of the health and ing role; and safety responsibilities that go along with responsible drinking. WHEREAS, General Richards has also distinguished himself in the service of the United States and the Commonwealth of Pennsylvania during World War I and World War II, having re­ REPORT OF COMMITTEE PURSUANT TO ceived the United States Distinguished Service Medal, the SENATE RESOLUTION, SERIAL NO. 70 French Legion of Merit award, as well as being made a Com­ mander of the French Legion of Honor, and also receiving the Senator LEWIS. Mr. President, I submit the report of the Distinguished Service Medal from the Commonwealth of Penn­ sylvania; and Special Senate Committee on Veterinary Training at State In­ WHEREAS, It has been by reason of the foresight and devo­ stitutions, pursuant to Senate Resolution, Serial No. 70. tion to duty of General Richards that the University Center at (See Appendix for report.) Harrisburg is now a vital force in the educational advancement of the Central Pennsylvania area; and WHEREAS The Senate of Pennsylvania feels strongly that proper recogn'ition of General Richards' work should be given; CONGRATULATORY RESOLUTIONS therefore be it RESOLVED, That effective December 3, 1978 the structure The PRESIDING OFFICER laid before the Senate the follow­ heretofore identified as Stillwater Hall shall bear the name of ing resolutions, which were read, considered and adopted: Richards Hall; and be it further Congratulations of the Senate were extended to Mr. and Mrs. RESOLVED, That the Board of Directors of the University Center shall hereafter affix to said structure an appropriate Jacob Naus, Peter Pointak and to Michael David Lado by Sena­ plaque indicating the name Richards Hall which said structure tor Gurzenda. shall hereafter be known; and be it further Congratulations of the Senate were extended to Mr. and Mrs. RESOLVED That a copy of this resolution be transmitted immediately t~ the Board of Directors of the University Cen­ John B. Hahn by Senator Kusse. ter. Congratulations of the Senate were extended to Flora Fred­ ericks, Florence Bellinger, Dr. Robert E. Wharen, Mr. and Mrs. SENATE CONCURRENT RESOLUTION Gordon Whipple and to Mr. and Mrs. Roy A. Watkins by Sena­ URGING GOVERNOR'S COUNCIL ON DRUG AND tor Hager. ALCOHOL ABUSE TO MAKE CITIZENS AWARE OF Congratulations of the Senate were extended to Mr. and Mrs. HEALTH AND SAFETY PROBLEMS OF ALCOHOL ABUSE Alfred L. Bray by Senator Messinger. Congratulations of the Senate were extended to Ross "Skip" Senator REIBMAN offered the following resolution (Serial Killinger, the Harrisburg Civic Club, Michael B. Coleman, Mr. No. 228), which was read and referred to the Committee on and Mrs. I. B. Spangler, Mr. and Mrs. Albert J. Roberts and to Rules and Executive Nominations: Mr. and Mrs. Harold R. McKenzie by Senator Gekas. In the Senate, November 15, 1978. Congratulations of the Senate were extended to Dr. Kenneth 1978. LEGISLATIVE JOURNAL-SENATE 1171

F. Miller, Mr. and Mrs. Harry Pittman and to Mr. and Mrs. his oratory on the floor has been one of the highlights of many Charles McPhilimy by Senator Early. Sessions. We will miss some of those orations. Congratulations of the Senate were extended to Warwick Senator Thomas Nolan of Allegheny County was a Member of Senior High School Marching Band by Senator Manbeck. the House in 1969 and 1970 and he came over to the Senate in Congratulations of the Senate were extended to the Ameri· 1971, was elected Majority Leader in 1975 and served for two can Lung Association of Philadelphia and Montgomery County years in that position. Of course most of you know Tom very and to Scott T. Sanford by Senator Holl. well from his active leadership in the Senate. Congratulations of the Senate were extended to Mr. and Mrs. Stan Noszka who has been a Member of the Senate since Charles Veasey by Senator Fumo. 1967 and was Majority caucus chairman since 1973 will also be Congratulations of the Senate were extended to Mr. and Mrs. leaving us this evening. Robert L. Smith, Mr. and Mrs. Jacob J. Regenbogen, Mr. and John Sweeney of Delaware County had the distinction of Mrs. Burger Ritchey and to Harry Clarke, Jr. by Senator Jube· being the first Democrat ever elected to the Senate of Pennsyl­ lirer. vania from Delaware County. That was in 1975. He decided not Congratulations of the Senate were extended to Mr. and Mrs. to run again for the office because he cannot afford to be a Paul A. Braxton by Senator Hankins. Senator. Congratulations of the Senate were extended to the Fleet­ Thomas McCormack probably has one of the shortest stays in wood Tigers Soccer Team by Senator O'Pake. the Senate. He won a special election in March of this year to Congratulations of the Senate were extended to Robert F. fill the seat vacated by the resignation of Senator L:mis Hill. Novak, Fred W. Weber and to Mr. and Mrs. Anthony F. Scar­ Prior to coming to the Senate he was parliamentarian in the dino by Senator Dougherty. House, appointed to that post in 1977. Congratulations of the Senate were extended to Mr. and Mrs. I certainly hope all of you will find time to congratulate these Ammon L. Lauver, Mr. and Mrs. Carol Rowles, Mr. and Mrs. Members of the Senate before leaving. We want to congratuate Roy Carson and to Mr. and Mrs. C. Edgar Book by Senator them and thank them for their service. Corman. (Applause.) Congratulations of the Senate were extended to Mr. and Mrs. Senator HAGER. Mr. President, I want to point out, in his John Kenney and to Christopher Davis by Senator Bell. comments, Senator Messinger said that we would miss some of Congratulations of the Senate were extended to the 1978 Bill's orations. I think that is very accurate. There are some we Phoenixville Senior High School football team by Senator probably will not miss. I want to say, on behalf of all of us over Stauffer. here, it has been a real pleasure, Bill, a real joy and we are Congratulations of the Senate were extended to Dr. Richard going to miss you and hope you will come back. C. Lyons, Mr. and Mrs. Gerald A. McNelis, Sr., Mr. and Mrs. Tom, I will sure remember you. You gave me excellent train· Paul R. Thompson, Mr. and Mrs. William Johnson, Sr. and to ing and, of course, I have tried to do everything you taught me Mr. and Mrs. Ralph Brunner by Senator Orlando. and to, perhaps, expand on it a little bit with your successor; Congratulations of the Senate were extended to Mr. and Mrs. but as long as I live, I will remember Tom Nolan and our friend­ M. Leroy Sprenkle by Senator Hess. ship and I am sure that goes for all the rest of us here. Congratulations of the Senate were extended to Rick Schulze Stan is one of the world's nicest guys. We are all going to and to the Reverend and Mrs. Victor B. Hann by Senator Hop­ miss "Stosh" very much. per. That brings us to John Sweeney. He is a wonderful guy; there is only one thing wrong with him, he does not like lawyers. He has, on occasion, made exceptions and everyone of those excep· CONDOLENCE RESOLUTION tions has been an occasion filled with warmth for all of us, even The PRESIDING OFFICER laid before the Senate the follow- those of us who are lawyers. ing resolution, which was read, considered and adopted. Tommy ''Mack" our own parliamentarian, our own lawyer, Condolences of the Senate were extended to the family of the who, just the other day wanted to defend KYW as they were late George Grant Blaisdell by Senator Kusse. being threatened with arrest by the President, we are going to miss you, too. From all of us, it has been a terrific pleasure serving with all of you and we hope you will come back many, many times be· FAREWELL REMARKS TO OUTGOING cause, as you know and as I was told the first day I was here, SENATORS AND RESPONSES "Once a Senator, always a Senator." So far as we are concerned, now you are our friends; forever, you will be our friends. Senator MESSINGER. Mr. President, before we make any Mr. President, I am not saying a word about Charlie Dough· motions I would like to say that we have with us this morning, erty because he is not going to resign until the very last minute. for the last time in all probability as far as this Session is con· We will talk about him in January. cemed, Senators who are retiring from the office of Senator. The PRESIDING OFFICER. He needs those mileage checks. Senator William Duffield has been a Member of this Senate Senator DUFFIELD. Mr. President, in response to that, I since 1971, an attorney by profession and, as all of you know, wish to state this. Since 1970 I have been here-I have been 1172 LEGISLATIVE JOURNAL-SENATE November 15, through the Army, I have been through Harvard Law School I have changed quite a bit. This has been a great education, and various other activities-and I have never been associated better than law school, better than any other education I have with a group of people whom I respected and admired more. We had. It has been a great education to me. I have observed my­ had our differences at times, there is no question about that. self. I came down here as a tax fighter and one of the biggest Tom Nolan and I came in here in 1970 and we were ready to red necks you ever saw. Yet, over the process, I have seen the take on the world. necessity for human need. They, the weak people, the little peo­ I have learned a lot, it has been a great education for me, but I ple, the people who are oppressed depend upon us to help them. know every one of the fifty Senators is doing his best to repre­ Ben Donolow used to give great orations on that. Of course, sent his District. They are hard working individuals who are Ben had a nefarious motive; Ben wanted to get a vote. Never­ representing their Districts. theless, it has been a great education to me. It has been a In my eight years there is only one vote I feel I am a little wonderful thing to associate with forty-nine other great people. ashamed of. In 1972 I voted against a pay increase for the Let us put it this way: A quarter of a million people elected Senate and the House, yet I took that pay increase. every person in this Senate and that is a hell of a lot of people. I offer this suggestion for the future: I am a great believer in We have passed through many crises since I have been here. the two party system. We have people here who are very knowl­ First it was the black crisis and that was resolved. Then there edgeable in their respective lines. That is a little diversion but was the environmental crisis where we had pictures in the let me say this. If you are a Republican, be a Republican; if you paper of young girls taking inner tubes out of creeks who would are a Democrat, be a Democrat. There are, undoubtedly, differ­ not even do the dishes for their mothers. Now it is the con­ ent thoughts, different theories between the two parties. sumer bug. Of course, tomorrow there will be some other crisis. Secondly, I would say, have the intestinal fortitude to vote We have had to survive all these things and do the necessary your conscience. I have tried to do that to the best of my ability. thing at the time. I am a Democrat and I have tried to support the Democratic The Legislature of Pennsylvania, as other legislatures, must Party. We have people in this Senate, regardless of what the listen to the needs of the people because they control the , press says, who are authorities in their lines. I will say this, I do Members of this Body. not particularly agree with some of them. I have tried to be honest and frank; I have tried to inject a We have a lady in this Senate who probably knows more little humor. I do not think we should take ourselves too seri­ about education problems in the Commonwealth than anyone ously. I do not think we should worry too much about our own in the State of Pennsylvania. We have a fellow like Mike importance. Of course, some of our Senators whom I know very O'Pake-I hate to start naming people, but we could go on down well are very interested in their political futures. They are the list-who is an authority on judiciary. We have Senator younger people and they should be, but do not be too serious Kury, people like him who are sharp individuals who put in and take yourselves too seriously because this great Common­ seventy or eighty hours a week working for the Senate of Penn­ wealth will continue ad infinitum as will this great country. We sylvania. Yet, these people in the Senate do not get the press. It have gone through so many crises, but we will continue. is all about these authorities if they foul up for one minute. I would like to bring out another thing and that is that I do They are condemned and so forth. hope, in the future, we stand up for what we feel is right for our I have some advice. I have been through it in the Senate of constituents. Sometimes, however, we must sort of lead our Pennsylvania. I have been through many misfortunes. Yet, constituents. Do not worry about the everyday crises of the stand up for what you think is right. Vote the way your con­ press. Do not be controlled by that. I am afraid-and my votes science dictates and you will never go wrong. There are more recently have reflected this point-that we are losing a lot of important things than being reelected to the Senate of Pennsyl­ our individual liberties because of the glaring headlines. Do not vania. Although it is a great Body, there are more important be controlled by the headlines of today. things. Of course, some of my best friends, some of the people I In particular, I can recall, we fought in World War II-and I admired most in my eight years in the Senate are either in jail do not want to wave the banner, the flag and all that. In World or dead. We could go into that quite a bit, but the majority of War II we fought for individual liberty. We were so dismayed this Senate-I would say ninety-nine and forty-four one hun­ at the State takeover of our every day lives. I refer specifically dredths of them-is doing a good job. They are trying their best to the electronic bugging, telephone tapping. Bills of that na­ to represent their constituents. ture would never have passed the General Assembly ten years One must be knowledgeable here on so many things. The pub­ ago. These bills would never even have come out of committee. lic expects that of us. The wide variety and diversification of to­ Do not permit yourselves to be caught up in the tide today be­ night's votes shows that we must know something. We must be cause you might be afraid of headlines. The press has their job able to answer our constituents. I do feel this: One of society's to do, there is no question about that. I believe if every Senator great enemies today is the news media which is trying to make stands up for what he or she feels is right, he does not have to friction and downgrade these servants ofthe people. Yet, they fear the adverse publicity that may come to them upon certain do not know, they do not give praise where praise is necessary. votes they might cast here. There is not a person in this Senate who, if the press would I bid you adieu, I love you all. In conclusion, I am a great be­ come to him to discuss a bill, would not be knowledgeable of it liever in the two party system. I respect the Republican Party, and they would not have the answers. those members of the Party who stick up for their Party. I also 1978. LEGISLATIVE JOURNAL-SENATE 1173

respect the Democrats who stick up for the Democratic Party. And, when your work here is done, may God greet That has made this country, the adversary and the two-party each of you by saying, Senator, well done. system. We have great people here, but please do not get an in· feriority complex, please do not try to worry about what people Thank you, Mr. President. It has been a pleasure to serve may think or what the press may say about you. Stick up for among you. principle, for what you feel is right. Vote your conscience. Con­ (Applause.) sider your District. Your tenure in the Senate does not mean (The following prepared statement was made a part of the that much. I would rather be defeated at the polls than vote for record at the request of the gentleman from Delaware, Senator something which I felt was obnoxious to me. SWEENEY:) I have great respect for the other side. I have great respect, Mr. President, as my term in the Senate comes to an end, I too, for their leadership. They have had some great people over should like to share with you and my distinguished colleagues a there, they still do. I can remember Stanley Stroup, one of the few thoughts and observations. most brilliant persons, one of the best orators, one of the best I was the first Member of the Democratic Party elected in antagonists on the floor. You have a good man with a great the 189-year history of Delaware County to serve in the Senate heart in Henry Hager. We are adversaries but as long as we of this Commonwealth. I consider that a unique distinction and stay with principle, our party and do what we feel is right we one which I will always cherish. I am indebted to the people of will do all right. Of course, the younger Senators have great Delaware County for having given me the opportunity to serve. political futures. Sometimes they must play little games. Of Perhaps, in time, one of my four sons or two daughters will fill course, on my part, Christianity and the Democratic Party are the seat I will soon vacate. the two greatest things that ever happened to America. Some­ It was never my intention to serve more than one term. Those times I think the Democratic Party outweighs Christianity a who know me best can attest to this. I simply wanted to partici­ little bit in its feelings for the people. I give that as a parting pate in a noble experiment, to make some contributions. shot, although I have great respect for the Republican Party on My commitment to my constituents was simply that I would the other side. do, say and act in their best interest. I have done so. I curried Good luck to everybody. I am going back and practice law. no favor; sought no power; nor interceded for any special inter­ Thank you, very much. est. (Applause.) In the privacy of the Party caucus, and at times on the floor Senator DUFFIELD. Excuse me, just one minute. of this Chamber, I have made attempts, sometimes success­ I assure the Members of the Senate that the person who de­ fully, to influence your judgments. I know that at times I have feated me, Bill Lincoln, will be a great asset to the Senate. He is caused some pain to my leadership and to the opposition be­ a knowledgeable young fellow. He will work well with Jeanette cause of my positions. For this I have no apologies, however, I Reibman in education and he will do a good job. I would apprec· commend both for their forebearance and understanding. It iate it if the Members would give him the same courtesy they represents the very essence of our democratic system of have given me. government. (Applause.) On occasions such as this, one is tempted to enumerate his ac­ Senator SWEENEY. Mr. President, it is now after 1:00 complishments, to justify his tenure or to preen his ego. The o'clock in the morning. In deference to my colleagues, after a measure by which I wish my family, friends, supporters and long, long day, I have prepared remarks which I will submit for constituents to measure me is that, in my four years in the Sen­ insertion into the Journal. I would only like to make the quick ate I have said what I thought should be said. I did what I observation that this has been a most unique and, at the same thought should be done. I was unconcerned about the political time, rewarding experience. implications of either. I should like, in closing, to share with all my distinguished I leave the Senate secure in the knowledge that I have the colleagues, an Irish blessing. most independent voting record of any Member. I have, hope­ To all of you whom it has been my privilege to know, I should fully, justified the confidences placed in me. like to share this Irish blessing: Now, I leave public service and return to private life com· forted by the knowledge that neither the wrath of foes nor the May God always bless you. accolades of friends can change my contribution in the cause of May God always guide you. good and responsible government. My record speaks for itself; May God always endow you with wisdom. there are no eyes I fear to look into; there are no eyes I need to May God always give you courage to do the right. avoid. I have done my best. May God always inspire you to speak the truth. Senator NOLAN. Mr. President, this week I sat in my office May God always comfort you when you speak alone. reflecting on the ten years I have spent in Harrisburg. I put May God always stand behind you in a just cause. into as many words as I could, as short as possible, my inner May God always give you the courage to think, say feelings at that time toward all my fellow Senators. What I said and to do what is right. in that letter, to each and every Senator, was a sincere saying May God always smile on your noble efforts. on my part. I meant everything that was in that letter. May God always give you peace. I leave this Senate with many fond memories. I have been in 1174 LEGISLATIVE JOURNAL-SENATE November 15,

many movements, the labor movement, negotiations, arbitra­ The PRESIDENT pro tempore. The time of recess having tions and so forth. I have associated with many people during elapsed, the Senate will be in order. the last forty years. I will tell you that the people in this Senate are one of the finest groups I have ever had the privilege of HOUSE MESSAGE being associated with. I have fond memories of Senator Lamb, HOUSE CONCURS IN SENATE AMENDMENTS TO Senator Donolow, Senator George Wade, Senator Stroup and HOUSE BILLS many others. The Clerk of the House of Representatives being introduced, There have been many changes in this Senate since first I informed the Senate that the House has concurred in amend­ came here eight years ago-in personnel, that is. When I came ments made by the Senate to HB 163, 169, 222, 885, 1022, here eight years ago, it seemed as though all hell broke loose. It 1521, 1589, 1702, 1778, 1785, 1834, 1880, 1936, 2007' was a continuous battle from that day on. Today it continues. I 2095, 2097, 2124, 2145, 2531and2709. am going out in the same fashion I came in eight years ago. A