COMMONWEALTH OF PENNSYLVANIA i4rytalattur 3Jnurnal TUESDAY, APRil 4, 1972

Session of 1972 156th of the General Assembly Vol. 1, No. 128

HOUSE OF REPRESENTATIVES approved and signed House bill No. 374, printer's No. 2026, entitled "An Act amending the act of March 10, 1949 (P. L. The House convened at 11 a.m., e.s.t. 30), entitled 'Public School COde of 1949,' providing for emergency escape windows." THE SPEAKER PRO TEMPORE (Robert K. Hamilton) MILTON J. SHAPP IN THE CHAIR GOVERNOR PRAYER March 27, 1972 To the Honorable, the House of Representatives of the REVEREND DOCTOR DAVID R. HOOVER, chaplain Commonwealth of Pennsylvania: of the House of Representatives and pastor of St. Paul's Lutheran Church, McConnellsburg, Pennsylvania, offered I have the honor to inform you that I have this day approved and signed House bill No. 671, printer's No. 732 the following prayer: entitled "An Act amending the act of July 10, 1957 (P. L: 639), entitled 'An act consenting to the acquisition by the Heavenly Father, as we ce:ebrate the joys of the Easter United States of land, water, or land and water, within season, we humbly pray that the fruits thereof may find the Commonwealth of Pennsylvania for migratory-bird expression in the life of each one of us. It is with hOICe reservations, authorized by Act of Congress of February and anticipation that we draw near to Thee in this hour. 18, 1929,' further providing for such acquisition of land or water, or both." o God, our hope is in Thee; help us never to lose faith in that which Thou art able to do. Grant us the wisdom MILTON J. SHAFP to anticipate the best which is Thine to share in this life, GOVERNOR and the gift which is Thine to give in the life that is to March 17, 1972 come. In Thy blest name, we gratefully pray. Amen. To the Honorable, the House of Representatives of the Commonwealth of Pennsylvania: JOURNALS APPROVED I have the honor to inform you that I have this day approved and signed House bill No. 789, printer's No. 2604 The SPEAKER pro tempore. Are there any corrections entit'.ed "An Act amending the act of June 3, 1937 (P. L: to the Journals of March 13, 14 and 15, 1972? 1333), entitled 'Pennsylvania Election Code,' changing of­ ficial ballot residence requirements." If not, and without objection, the Journals are approved. MILTON J. SHAPP GOVERNOR MILLCREEK LUTHERAN FELLOWSHIP GROUP WELCOMED March 27, 1972 The SPEAKER pro tempore. The Chair would like to To the Honorable, the House of Representatives of the welcome to the hall of the House at this time the Mill­ Commonwealth of Pennsylvania: creek Lutheran Fellowship Group from Newmanstown, I have the honor to inform you that I have this day Pennsylvania. approved and signed House bill No. 858, printer's No. 947, They are the guests of the gentlemen from Lebanon, entitled "An Act amending the act of April 12, 1951 (P. L. Messrs. Seltzer and Rowe. 90), entitled 'Liquor Code,' removing the requirement that limited wineries produce tab'e wines only from grapes and authorizing them to produce from fruits grown in COMMUNICATION FROM GOVERNOR Pennsylvania a certain amount of any type of wines." The Secretary to the Governor being introduced, pre­ MILTON J. SHAPP sented the following communication in writing from His GOVERNOR Excellency, the Governor, which was read: March 23, 1972 APPROVAL OF HOUSE BILLS Nos. 374, 671, 789, 858, To the Honorable, the House of Representatives of the 1203, 1301, 1408, 1409, 1411, 1416, 1558, 1605, 1641, 1747, Commonwealth of Pennsylvania: 1795, 1808, 1835 and 1886. I have the honor to inform you that I have this day Commonwealth of Pennsylvania approved and signed House bill No. 1203, printer's No. 1340, entitled "An Act amending the act of June 11, 1968 Governor's Office, Harrisburg (Act No. 84), entitled 'Volunteer Firemen's Relief Associa­ March 23, 1972 tion Act,' providing for payments in the event that a beneficiary is not designated or a designated one has To the Honorable, the House of Representatives of the predeceased the fireman." Commonwealth of Pennsylvania: MILTON J. SHAPP I have the honor to inform you that I have this day GOVERNOR 2576 LEGISLATIVE JOURNAL-HOUSE April 4,

March 23, 1972 March 23, 1972 To the Honorable, the House of Representatives of the To the Honorable, the House of Representatives of the Commonwealth l?f Pennsylvania: Commonwealth of Pennsylvania: I have the honor to inform you that I have this day I have the honor to inform you that I have this day approved and signed House bill No. 1301, printer's No. auproved and signed House bill No. 1605, printer's No. 1464, entitled "An Act authorizing the Secretary of En­ 1980, entitled "An Act making an appropriation to the vironmental Resources with the approval. of the Governor, Deuartment of Commerce for the purpose of making grants to transfer certain Project 70 lands in Fayette County to and providing assistance to tourist promotion agencies." the Department of Transportation for a bridge project un­ der certain conditions." MILTON J. SHAFP MILTON J. SHAPP GOVERNOR GOVERNOR March 23, 1972 March 23, 1972 To the Honorable, the House of Representatives of the To the Honorable, the House of Representatives of the Commonwealth of Pennsylvania: Commonwealth of Pennsylvania: I have the honor to inform you that I have this day I have the honor to inform you that I have this day auuroved and signed House bill No. 1641, printer's No. auproved and signed House bill No. 1408, printer's No. 2036, entitled "An Act amending the act of August 31, 1971 2512, entitled "An Act making an appropriation to the (Approuriation Act No. 27-A), entitled 'The General Ap­ Trustees of the Hahnemann Medical College and Hospital propriation Act of 1971,' increasing a certain appropria­ of Philadelphia, Pennsylvania." tion." MILTON J. SHAPP MILTON J. SHAPP GOVERNOR GOVERNOR March 23, 1972 March 23, 1972 To the Honorable, the House of Representatives of the To the Honorable, the House of Representatives of the Commonwealth of Pennsylvania: Commonwealth of Pennsylvania: I have the honor to inform you that I have this day I have the honor to inform you that I have this day approved and signed House bill No. 1747, printer's No. 2174, auproved and signed House bill No. 1409, printer's No. entitled "An Act amending the act of November 27, 1970 2513, entitled "An Act making an appropriation to the (P. L. 809), entitled 'Capital Budget Act for Fiscal Year Thomas Jefferson University of Philadelphia, Pennsyl­ 1970-1971, Public Improvement Project Itemization Sup­ vania." plement-Department of Pror;erty and Supplies,' reducing MILTON J. SHAPP the authorization for equipment and furniture for one of GOVERNOR the projects, and adding the purchase of equipment for an additional project." March 23, 1972 MILTON J. SHAPP GOVERNOR To the Honorable, the House of Representatives of the Commonwealth of Pennsylvania: March 27, 1972 I have the honor to inform you that I have this day To the Honorable, the House of Representatives of the approved and signed House bill No. 1411, printer's No. 2514, Commonwealth of Pennsylvania: entitled "An Act making an appropriation to the Medical College of Pennsylvania, (Woman's Medical College), East I have the honor to inform you that I have this day Falls, Philadelphia, Pennsylvania." approved and signed House bill No. 1795, printer's No. 2253, entitled "An Act repealing section 1303, act of March MILTON J. SHAPP 10, 1949 (P. L. 30), entitled 'Public School Code of 1949,' GOVERNOR relating to requirements of smallpox vaccinations." March 23, 1972 MILTON J. SHAPP GOVERNOR To the Honorable, the House of Representatives of the Commonwealth of Pennsylvania: March 23, 1972 I have the honor to inform you that I have this day approved and signed House bill No. 1416, printer's No. To the Honorable, the House of Representatives of the 2515, entitled "An Act making an appropriation to the Commonwealth of Pennsylvania: Philadelphia College of Osteopathic Medicine, Philadel­ I have the honor to inform you that I have this day phia, Pennsylvania." approved and signed House bill No. 1808, printer's No. MILTON J. SHAFP 2275, entitled "An Act authorizing the Department of GOVERNOR PUblic Welfare, with the approval of the Secretary of Public Welfare, the Secretary of Agriculture and the March 23, 1972 Governor to transfer certain real pror;erty in Susquehanna Township, Dauphin County, from the Department of Pub­ To the Honorable, the House of Representatives of the lic Welfare to the Department of Agriculture." Commonwealth of Pennsylvania: MILTON J. SHAFP I have the honor to inform you that I have this day GOVERNOR approved and signed House bill No. 1558, printer's No. 2163, entitled "An Act amending the act of April 12, 1951 March 23, 1972 (P. L. 90), entitled 'Liquor Code,' authorizing the sale of liquor and malt and brewed beverages at theaters for the To the Honorable, the House of Representatives of the performing arts in cities of the first or second class with Commonwealth of Pennsylvania: seating accommodations for at least twenty-seven hundred persons and FURTHER PROVIDING FOR AND REGU­ I have the honor to inform you that I have this day LATING THE ISSUANCE OF CERTAIN LICENSES." approved and signed House bill No. 1835, printer's No. 2519, entitled "An Act amending the act of July 25, 1961 MILTON J. SHAPP (P. L. 849), entitled 'Uniform Facsimile Signature of Public GOVERNOR Officials Act,' to include school districts of the first class 1972. LEGISLATIVE JOURNAL-HOUSE 2517

AND COUNTIES OF THE SECOND CLASS and certain I would ask the members of the Democratic side to authorities." please report to the caucus room promptly. MILTON .T. SHAPP GOVERNOR REPUBLICAN CAUCUS March 23, 1972 The SPEAKER pro tempore. The Chair recognizes the To the Honorable, the House of Representatives of the Commonwealth of Pennsylvania: minority whip. Mr. BUTERA. Mr. Speaker, there will be a Republican I have the honor to inform you that I have this day caucus immediately upon the adoption of the recess. approved and signed House bill No. 1886, printer's No. 2390, entitled "An Act authorizing the Department of Property and Supplies, with the approval of the Governor RECESS and the Secretary of Transportation, to sell and convey certain lots or tracts of ground with improvements thereon The SPEAKER pro tempore. Without objection, the situate in the Borough of Tarentum, Allegheny County." Chair now declares a recess until 12:30 p.m. MILTON J. SHAFP The Chair hears no objection. This House is now in GOVERNOR recess.

COMMUNICATION FROM GOVERNOR AFTER RECESS ON 1972-73 BUDGET The time of recess having expired, the House was called The Secretary to the Governor being introduced, pre- to order. sented the following communication in writing from His Excellency, the Governor, which was read: THE SPEAKER PRO TEMPORE (Robert K. Commonwealth of Pennsylvania Hamilton) IN THE CHAIR Governor's Office, Harrisburg March 28, 1972 DEMOCRATIC CAUCUS The SPEAKER pro tempore. The Chair recognizes the To the Honorable, the House of Representatives of the Commonwealth of Pennsylvania: majority leader. Mr. IRVIS. Mr. Speaker, I would ask that those mem­ I take pleasure in transmitting to you, for your informa­ bers who are within the hearing of my voice to report tion, a copy of the 1972-73 Budget. again to the Democratic caucus. I repeat, report again to MILTON J. SHAFP the caucus room. GOVERNOR It is going to be necessary for us to rediscuss House bill (For budget see appendix) No. 1236 and House bill No. 1237. I would hope that, if the members report promptly, we should be back on the HOUSE RESOLUTJON INTRODUCED AND floor ready to go into action by 1:30. REFERRED By Messrs. FINEMAN and IRVIS NO REPUBLICAN CAUCUS (Concurrent) RESOLUTION No. 143 The SPEAKER pro tempore. The Chair recognizes the The Speaker of the House of Representatives appoint minority whip. five members of the House, three of whom shall be of the Mr. BUTERA. Mr. Speaker, there is no need for a Re­ IVI:ajority Party and two of the Minority P~rty .and that the publican caucus. President Pro Tempore of the Senate appomt five members of the Senate, three of whom shall be of the Majority Party and two of the Minorit~ Party, to a co~ittee to investigate the problems relative to the prod~ctIon and RECESS distribution of energy and power. Such committee shall investigate all sources of energy and power; all means of The SPEAKER pro tempore. Without objection, the production and distribution of suc~ ene!'gy and power .and Chair now declares a recess until 1:30 p.m. the regulation thereof; the relatIOnships of the varIOUS The Chair hears no objection. parties involved in the production and distribution of This House is now in recess. energy and power and the by-nroducts thereof; the re­ sponsibilities and powers of the Federal and State govern­ ments relative thereto; and all other matters bearing on the production and distribution of energy and power. AFTER RECESS Referred to Committee on Rules. The time of recess having expired, the House was called to order. DEMOCRATIC CAUCUS THE SPEAKER PRO TEMPORE (Robert K. The SPEAKER pro tempore. The Chair recognizes the Hamilton) IN THE CHAIR majority leader. Mr. IRVIS. Mr. Speaker, the business of the House today is a matter of conference committee reports, which appear ANNOUNCEMENT on page 1 and page 2 of the calendar. Those conference The SPEAKER pro tempore. The Chair recognizes the committee reports require discussion in caucus. majority leader. I would, therefore, ask that we recess the House for a Mr. IRVIS. Mr. Speaker, for all those members who period of one hour and five minutes, returning at 12:30 have asked about commemorative resolutions, we will p;m. so that we may continue the business of the day. leave time for them at the end of the session. There will 2578 LEGISLATIVE JOURNAL-HOUSE April 4, be time at the end of the session for those members who HOUSE BILL No. 1999 By Mr. RENWICK want to introduce commemorative resolutions. Please, do An Act amending "The Game Law," approved June 3, not introduce them during the business of the session. 1937 (P. L. 1225), authorizing the use of certified mail to Also, Mr. Speaker, I would ask the members to remain notify a person his hunting privileges have been revoked. at the close of the business today. The Governor has Reported from Committee on Game and Fisheries. asked the privilege of speaking to the joint sessions for a period of five minutes. So I would ask that you remain in HOUSE BILL No. 2000 By Mr. RENWICK your seats at the close of today's business. An Act amending "The Game Law," approved June 3, Mr. Speaker, as soon as the Republican leadership has 1937 (P. L. 1225), changing the tagging and reporting re­ reported to the floor of the House, I would ask that we quirements for deer, bear, and turkey lawfully killed, and call up for action House bill No. 850, printer's No. 2697. providing penalties. Reported from Committee on Game and Fisheries. JOURNAL APPROVED HOUSE BILL No. 1047 By Mr. SMITH The SPEAKER pro tempore. Are there any corrections An Act amending "The Administrative Code of 1929," to the Journal of March 7, 1972? approved April 9, 1929 (P. L. 177), requiring an anti-pol­ If not, and without objection, the Journal is approved. lution statement as part of State contracts. Reported from Committee on Conservation. ANNOUNCEMENT The SPEAKE'R pro tempore. The Chair would like to BILL REREPORTED AS AMENDED notify the members that there will be no citations taken HOUSE BILL No. 1520 By Mr. P. A. GLEASON up until after the calendar has been completed today. So An Act amending "The Public School Code of 1949," hold your citations until later in the day. approved March 10, 1949 (P. L. 30), providing for the humane treatment of certain animals in public school activities. BILLS REPORTED AND CONSIDERED FIRST TIME Rereported from Committee on Game and Fisheries.

HOUSE BILL No. 1459 By Mr. RENWICK BILL REPORTED AS AMENDED An Act amending "The Game Law," approved June 3, 1937 (P. L. 1225), further providing for use of game lands. HOUSE BILL No. 921 By Mr. ECKENSBERGER Reported from Committee on Game and Fisheries. An Act amending "The Pennsylvania Corrupt Organiza­ tions Act of 1970," approved December 8, 1970 (Act No. By STONE 276), including certain crimes relating to extortionate and HOUSE BILL No. 1810 Mr. usurious credit transactions within the definition of An Act granting immunity from civil liability to mem­ "Racketeering activity." bers of professional review organizations and those who supply information to these organizations and providing Reported from Committee on Law and Order. that all information accumulated in the performance of the review organization function be confidential and inad­ BILL REPORTED AND CONSIDERED FIRST missible in any civil action. TIME Reported from Committee on Judiciary. SENATE BILL No. 523 By Mr. BERKES HOUSE BILL No. 1830 By Mr. STONE An Act relating to drugs and their abuse providing for An Act amending the "Nonprofit Corporation Law," ap­ projects and programs; grants to educational agencies, other public or private agencies, institutions or organiza­ proved May 5, 1933 (P. L. 289), defining the term "full tions; and creating and prescribing the powers and duties age" as age eighteen or over. of the Advisory Committee on Drug Abuse Education. Reported from Committee on Judiciary. Reported from Committee on Health and Welfare. HOUSE BILL No. 1839 By Mr. STONE An Act amending "The Penal Code," approved June 24, STATEMENT SUBMITTED FOR THE RECORD 1939 (P. L. 872), prohibiting possession of burglary tools used for breaking into motor vehicles or into aircraft. The SPEAKER pro tempore. The Chair recognizes the Reported from Committee on Judiciary. gentleman from Chester, Mr. Morris. Mr. MORRIS. Mr. Speaker, I have a bill to intro­ HOUSE BILL No. 1852 By Mr. RENWICK duce and a short statement for the Journal to go with it. The SPEAKER pro tempore. The Chair thanks the An Act amending "The Game Law," approved June 3, 1937 (P. L. 1225), changing the reporting procedure of gentleman. license issuing agents. Mr. MORRIS presented the following statement for the Legislative Journal: Reported from Committee on Game and Fisheries. Mr. Speaker, Colleagues of the House: I am introducing HOUSE BILL No. 1956 By Mr. STONE a tax reform measure today. This bill will exonerate or An Act amending the "Minor Judiciary Court Appeals exempt the first $2,000.00 of any taxpayer's income from Act," approved December 2, 1968 (Act No. 355), remov­ the personal income tax. I believe this will have roughly ing requirements relating to transcripts. the same effect as reducing the tax percentage from 2.3% Reported from Committee on Judiciary. to 1.84%. However, I believe my approach would be of 1972. LEGISLATIVE JOURNAL-HOUSE 2579

far greater benefit to the ordinary taxpayer than a straight March 30, 1972 percentage reduction in the income tax for the following To the Honorable, the House of Representatives of the reasons: Commonwealth of Pennsylvania: 1. It would relieve a great number of our elderly, I retl;lrn herewith, without my approval, House Bill No. retired and disabled taxpayers who are on pensions from 474, Prmter's No. 517, entitled "An Act prohibiting the dis­ banding of a paid fire force in favor of having such ser­ the nuisance of filing tax returns and estimated returns vices performed by volunteers." for small amount of dividends, interest and rental in­ This bill mandates that paid fire fighting companies come as well as small capital gains. Furthermore, it c~ll~ld be changed to volunteer fire companies only by mu­ should be an even greater tax benefit to this age group mClpal referendum. As a result of the 1968 Constitutional Convention the than the real estate tax refunds to which they are al­ General Assembly must enact State-wide Home 'Rule ready entitled. legislation prior to April 23, 1972. The intent of this 2. The same considerations apply to our young peo­ Home Rule legislation is to provide Pennsylvania's local ple who are presently in school or college and who municipalities the wherewithal to effectively govern their affairs without the undue involvement of the State. House earn relatively small amounts of income from odd jobs Bill No. 474 runs counter to that intent by legislatively and summer employment and, incidentally, greatly bene­ mandating procedures for what is essentially a matter of fit their parents who usually are put to the trouble of local government prerogative. helping them with their tax returns. It should be noted that if special legislation of this sort for fire fighting companies were approved, then other 3. At the same time, the measure is of benefit to all groups of local employes would also seek similar pro­ wage earners without exception since it applies to all tective legislation. It would be difficult to draw the line income and all classes of income. Those in the middle once such a precedent has been set. income brackets who today find the burden of taxation Since I believe that the best interests of local com­ munities will be served by the enactment of Home Rule falling with undue weight upon them would be greatly it yvould be inconsistent for me to approve legislatio~ assisted. These are the hardworking citizens who form WhICh would involve the State in a direct manner in the the backbone of our country. functions of local government. 4. Finally, the present 2.3% tax on gross income is a For this reason, the bill is not approved. regressive tax. Statistics show that middle and low MILTON J. SHAPP, Governor. income taxpayers must pay a far larger percentage of their incomes for the bare necessities of life, food, MOTION TO LAY ON TABLE clothing, utilities, shelter and so on, than more affluent taxpayers, and thus the burden of an ungraduated tax The SPEAKER pro tempore. The Chair recognizes the falls more heavily on them than on those in high income majority leader. brackets. The tax relief afforded by a $2,000.00 ex­ Mr. IRVIS. Mr. Speaker, I move that House bill No. emption will primarily benefit middle and low income 474, printer's No. 517, together with the veto message of taxpayers. the Governor, be laid on the table. As I see it, the reduction in state revenues consequent On the question, upon this reform may be met from various sources. For Will the House agree to the motion? one thing, the gross income of Pennsylvanians has been Motion was agreed to. rising steadily in each of the last five years at a rate varying from 4% to 10%. Thus, it may responsibly be as­ LEAVES OF ABSENCE sumed that revenues from the income tax in future years will also rise by similar percentages. This increase should The SPEAKER pro tempore. The Chair recognizes the go a long way to meeting or possibly even exceeding ex­ majority whip. pected inflationary increases in the cost of operating state Mr. PRENDERGAST. Mr. Speaker, I request leaves of government. By the same token, the amount that Penn­ absence for Messrs. GELFAND, MURTHA, WISE, SHANE, sylvanians have spent, and consequently sales and use tax FINEMAN and SCHMITT for today's session. receipts, have risen substantially over the same period of The SPEAKER pro tempore. The Chair recognizes the time, and this increase may also be projected for the fu­ minority leader. ture. Thirdly, substantial reductions in the overall state Mr. LEE. Mr. Speaker, I request leave of absence for budget are definitely in order. As just one example, the Mr. HALVERSON for today's session. Report of the Governor's Management Review Task Force The SPEAKER pro tempore. Without objection, leaves indicates that in the next few years it may be possible to are granted. reduce annual expenditures by as much as $276 million through better management procedures. Other revenue MASTER ROLL CALL sources to meet the income tax cut may be counted on from the lottery and increased liquor tax returns. Alexander Fryer Lee Rybak Allen. F. M. Gallagher Lehr Salaam Anderson. J. H. Gallen Letterman Savitt COMMUNICATION FROM GOVERNOR Anderson. S. A. Geesey Lutty Scanlon Arthurs Geisler Lynch. Frank Scheaffer ON VETO OF HOUSE BILL NO. 474 Barber Gekas Malady Schulze Bellomlnl Glllette Manbeck Sclrlca The Secretary to the Governor being introduced, pre­ Bennett Gleason Manderlno Seltzer sented the following communication in writing from His Beren Gleeson Martino Semanolr Berkes Good Mastrangelo Shelhamer Excellency, the Governor, which was read: Berson Goodman McClatchy Shelton Bittle Greenfield McCue Sherman VETO OF HOUSE BILL NO. 474 Bixler Gring McCurdy Shuman Blair Hamilton. J. H. McGraw Shupnik Commonwealth of Pennsylvania Bonetto Hamilton. R. K. McMonagle Smith Governor's Office, Harrisburg Brunner Harrier Mebus Spencer 2580 LEGISLATIVE JOURNAL-HOUSE April 4,

Burkardt Haskell Meholchick Steele member of this House, the gentleman from Erie, Mr. Butera Hayes, D. S. Miller Stemmler Caputo Hayes, S.E. Moore Stone O'Dell. Cessar Hepford Morris Stout Cornel' Hetrick Moscrlp Sullivan Coppolino Hill Mullen, M. M. Taylol' CALENDAR Coyne Homer Mullen. M. P. Thomas Crawford Hopkins Musto Toll Crowley Horn Myers Ustynoskl Dager Horner Needham Valicentl REPORT OF COMMITTEE OF CONFERENCE Davis. D. M. Hovis Novak Vann ON HOUSE BILL No. 850 Davis. E.B. Hutchinson O'Brien Walsh Davis. R. O. Irvis O'Connell Wansacz Mr. IRVIS called up the report of the Committee of DeMedio Johnson, G. R. O'Pake Wargo Dininni Johnson, J. J. Pancoast Weidner Conference on HOUSE BILL No. 850. Dombrowskl Jones Parker, B. L. Wells Dorsey Kahle Parker, H. S. Westerbel'g The following report of the Committee of Conference Doyle Katz Perry Williams was read: Dreibelbis Kaufman Pezak Wilson Early Kelly, A. P. Pievsky Wilt, R. W. To the Members of the Senate and House of Representa­ Eckensb~rger Kelly, J.B. Prendergast Wilt,W. W. tives: Englehart Kennedy Rappaport Wojdak Fawcett Kester Renninger Worrilow We, the undersigned, Committee of Conference on the Fee Kistler Renwick Wright Fenrich Klepper Reynolds Yahner part of the Senate and House of Representatives for the Fischer Knepper Ritter Yohrt purpose of considering House Bill No. 850, entitled: "An Fool' Kolter Rowe Zearfoss act establishing the Governor's Drug and Alcohol Abuse Foster Kowalyshyn Ruane Zeller COUNCIL; imposing duties on the council to develop and Fox Kury Ruggiero Zimmennan coordinate THE IMPLEMENTATION OF a comprehensive Fr·ank Laudadio Rush Zord health, .education and rehabilitation program for the pre­ Frankenburg Lederer Ryan vention and treatment of drug and alcohol abuse and drug The SPEAKER pro tempore. One hundred eighty-seven and alcohol dependence; providing for emergency medical treatment; providing for TREATMENT AND REHABILI­ members having indicated their presence, a master roll is TATION ALTERNATIVES TO THE CRIMINAL PROCESS established. FOR drug and alcohol dependence; AND MAKING RE­ PEALS." APPROPRIATIONS COMMITTEE MEETING respectfully submit the following bill as our report: CANCELED W. LOUIS COPPERSMITH The SPEAKER pro. tempore. The Chair recognizes the LOUIS G. HILL gentleman from Philadelphia, Mr. Mullen. RICHARD A. SNYDER Mr. M. P. MULLEN. Mr. Speaker, for the members of (Committee on the part of the Senate.) the Appropriations Committee, we are going to cancel MILTON BERKES our meeting for this afternoon, but we will start tomor­ EUGENE F. SCANLON row morning at 10 o'clock. PATRICIA A. CRAWFORD Thank you. (Committee on the part of the House of Representatives.) The SPEAKER pro tempore. The Chair thanks the gen­ tleman. An Act establishing the Governor's Council On Drug and Alcohol Abuse; imposing duties on the council to de­ velop and coordinate the implementation of a compre­ REPORT OF COMMITTEE OF CONFERENCE hensive health, education and rehabilitation program for ON HOUSE BILL No. 1063 the prevention and treatment of drug and alcohol abuse and drug and alcohol dependence; providing for emer­ Mr. HETRICK presented the report of the Committee gency medical treatment; providing for treatment and of Conference on House bill No. 1063. rehabilitation alternatives to the criminal process for drug and alcohol dependence; and making repeals. REPORT OF COMMITTEE OF CONFERENCE The General Assembly of the Commonwealth of Penn- ON HOUSE BILL No. 1236 sylvania hereby enacts as follows: Section 1. Short Title.-This act shall be known and Mr. IRVIS presented the report of the Committee of may be cited as the "Pennsylvania Drug and Alcohol Abuse Conference on House Bill No. 1236. Control Act." Section 2. Definitions: (a) The definitions contained and used in the Controlled REPORT OF COMMITTEE OF CONFERENCE Substance, Drug, Device and Cosmetic Act shall also apply ON HOUSE BILL No. 1237 for the purposes of this act. (b) As used in this act: Mr. IRVIS presented the report of the Committee of Con­ "Controlled substance" means a drug, substance, or im­ ference on House bill No. 1237. mediate precursor in Schedules I through V of the Con­ trolled Substance, Drug, Device and Cosmetic Act. "Council" means the Governor's Council On Drug and REPORT OF COMMITTEE OF CONFERENCE Alcohol Abuse established by this act. ON SENATE BILL No. 752 "Court" means all courts of the Commonwealth of Penn­ sylvania, inclUdingmagistrates and justices of the peace. Mr. BONETTO presented the report of the Committee "Director" means the Executive Director of the Gov­ of Conference on Senate bill No. 752. ernor's Council On Drug and Alcohol Abuse. . ''Drug'' means. (i) substances recognized in th~ official United States·J?harma,copeia, or official National F0rmu­ lary, or any supplement to either of them; and (ii) sub­ FORMER MEMBER WELCOMED stances intended for use in the diagnosis, cure, mitigation, The SPEAKER pro tempore. The Chair at this time treatment or prevention of disease in man or other animals; and (iii) substances (other than food) intended would like to welcome to tl::J,e hall of the House a former to affect the structure or any. function of the body of 1972. LEGISLATIVE JOURNAL-HOUSE 2581

man or other animals; and (iv) substances intended for official duties as directed by the chairman, shall receive use as a component of any article specified in clause 0), reimbursement for expenses incurred and per diem com­ (ii) or (iii), but not including devices or their components, pensation at a rate to be set by the Executive Board. parts or accessories. (c) A majority of the members shall constitute a quorum "Drug abuser" means any person who uses any con­ for the purpose of conducting the business of the council, trolled substance under circumstances that constitute a and exercising all of its powers. A vote of the majority violation of the law. of the members present shall be sufficient for all actions "Drug dependent person" means a person who is using of the council. a drug, controlled substance or alcohol, and who is in a (d) The council shall have the power to prescribe, state of psychic or physical dependence, or both, arising amend and repeal bylaws, rules and regulations governing from administration of that drug, controlled substance or the manner in which the business of the body is conducted alcohol on a continuing basis. Such dependence is char­ and the manner in which the powers granted to it are ex­ acterized by behavioral and other responses which include ercised. a strong compulsion to take the drug, controlled substance (e) The council shall delegate supervision of the ad­ or alcohol on a continuous basis in order to experience ministration of council activities to an Executive Director its psychic effects, or to avoid the discomfort of its ab­ and such other employes as the chairman shall appoint. sence. This definition shall include those persons common­ All employes shall possess adequate qualifications and ly known· as "drug addicts." competence. Some employes may have been drug and "Emergency medical services" includes all appropriate alcoholic abusers or drug dependent persons. Prior crim­ short term services for the acute effects of abuse and de­ inal convictions shall not be a bar to such employment. pendence which: (i) are available twenty-four hours a day; Responsibilities of the council may be delegated to the (ii) are communit.y based and located so as to be quickly Executive Director or ot.her designated staff members. and easily accessible to patients; (iii) are affiliated with Further, the Executive Director may, with the approval and constitute an integral (but not necessarily physical) of the council, employ personnel or consultants necessary part of the general medical services of a general hospital; in coordinating the formulation, implementation and eval­ and (iv) provide drug and alcohol withdrawal and other uation of the State plan and in carrying out the council's appropriate medical care and treatment, medical examina­ responsibilities under this act. tion, diagnosis, and classification with respect to possible Section 4. Council's Powers and Responsibilities.-(a) dependence, and referral for other treatment and reha­ The council shall develop and adopt a State plan for the bilitation. control, prevention, treatment, rehabilitation, research, ed­ "Government attorney" means an attorney authorized ucation, and training aspects of drug and alcohol abuse to represent the Commonwealth or any political subdi­ and dependence problems. The State plan shall include, vision in any judicial proceeding within the scope of this but not be limited to, provision for: act. (1) Coordination of the efforts of all State agencies in "Inpatient services" includes all treatment and rehabil­ the control, prevention, treatment, rehabilitation, research, itation services for drug and alcohol abuse and dependence education, and training aspects of drug and alcohol abuse provided for a resident patient while he spends full time and dependence problems. It shall allocate functional re­ in a treatment institution including but not limited to a sponsibility for these aspects of the drug and alcohol abuse hospital, rehabilitative center, residential facility, hostel and dependence problems among the various State agencies or foster home. so as to avoid duplications and inconsistencies in the ef­ "Outpatient services" means all treatment and rehabil­ forts of the agencies. itation services, including but not limited to medical, psy­ chological, vocational and social rehabilitational services, (2) Coordination of all health and rehabilitation efforts for drug and alcohol abuse and dependence provided while to deal with the problem of drug and alcohol abuse and the patient is not a resident of a treatment institution. dependence, including, but not limited to, those relating "Prevention and treatment" means all appropriate forms to vocational rehabilitation, manpower development and of educational programs and services (including but not training, senior citizens, law enforcement assistance, parole limited to radio, television, films, books, pamphlets, lec­ and probation systems, jails and prisons, health research tures adult education and school courses); planning, co­ facilities, mental retardation facilities and community ordin'ating, statistical, research, training, evaluation, re­ mental health centers, juvenile delinquency, health pro­ porting, classification, and o~her administra~ive, ~cienti~ic fessions, educational assistance, hospital and medical fa­ or technical programs or serVIces; and screemng, dIagnosIs, cilities, social security, community health services, educa­ treatment (emergency medical services, inpatient services, tion professions development, higher education, Common­ intermediate care and outpatient services), vocational re­ wealth employes health benefits, economic opportunity, habilitation, job training and referral, and other rehabil­ comprehensive health planning, elementary and secondary itation programs or services. education, highway safety and the civil service laws. "State plan" means the master State plan for the con­ (3) Encouragement of the formation of local agencies trol, prevention, treatment, rehabilitation, research, educa­ and local coordinating councils, and promotion of cooper­ tion and training aspects of drug and alcohol abuse and de­ ation, and coordination among such groups, and encourage­ pendence problems. ment of communication of ideas and recommendations from such groups to the council. "Welfare assistance" means "assistance" as defined in section 402 of the Public Welfare Code and "State Blind (4) Development of model drug and alcohol abuse and Pension" as defined by section 502 of the Public Welfare dependence control plans for local government, utilizing Code. the concepts incorporated in the State plan. The model plans shall be reviewed on a periodic basis but not less Section 3. Council Established.-(a) There is hereby than once a year, and revised to keep them current. They established a Governor's Council On Drug and Alcohol shall specify how all types of community resources and Abuse which shall develop, adopt and coordinate the im­ existing Federal and Commonwealth legislation may be plementation of a comprehensive health, education and rehabilitation program for the prevention and treatment utilized. of drug and alcohol abuse and dependence. (5) Assistance and consultation to local governments, public and private agencies, institutions, and organizations, (b) The council shall be composed of the Governor, and individuals with respect to the prevention and treat­ who shall serve as chairman of the council, and six other members at least four of whom shall be public members ment of drug and alcohol abuse and dependence, including who shall be appointed by the Governor and who shall coordination of programs among them. have substantial training or experience in the fields of (6) Cooperation with organized medicine to disseminate drug or alcohol education, rehabilitation, treatment or en­ medical guidelines for the use of drugs and controlled sub­ forcement. Officers and employes of the Commonwealth stances in medical practice. may be appointed as members of the council. Each mem­ (7) Coordination of research, scientific investigations, ber of the council, who is not otherwise an officer or em­ experiments, and studies relating to the cause, epidemi­ ploye of the Commonwealth, when actually engaged in of­ ology, sociological aspects, toxicOlogy, pharmacology, ficial meetings or otherwise in the performance of his chemistry, effects on health, dangers to public health,pre- 2582 LEGISLATIVE JOURNAL-HOUSE April 4, vention, diagnosis and treatment of drug and alcohol abuse approval by the relevant State agency for all private and and dependence. public treatment and rehabilitative facilities, which may (8) Investigation of methods for the more precise de­ include but are not limited to State hospitals and insti­ tection and determination of alcohol and controlled sub­ tutions, public and private general hosoltals, community stances in urine and blood samples, and by other means, mental health centers or their contracting agencies, and and publication on a current basis of uniform methodology public and private drug or alcohol dependence and drug for such detections and determinations. and alcohol abuse and dependence treatment and reha- Any information obtained through scientific investiga­ bilitation centers. - tion or research conducted pursuant to this act shall be (15) Grants and contracts from the appropriate State used in ways so that no name or identifying characteristics department or agency for the prevention and treatment of any person shall be divulged without the approval of of drug and alcohol dependence. The grants and contracts the council and the consent of the person concerned. Per­ may include assistance to local governments and public sons engaged in research pursuant to this section shall and private agencies, institutions, and organizations for protect the privacy of individuals who are the subject of prevention, treatment, rehabilitation, research, education such research by withholding from all persons not con­ and training aspects of the drug and alcohol abuse and de­ nected with the conduct of such research the names or pendence problems with the Commonwealth. Any grant other identifying characteristics of such individuals. Per­ made or contract entered into by a department or agency sons engaged in such research shall protect the privacy shall be pursuant to the functions allocated to that de­ of such individuals and may not be compelled in any partment or agency by the State plan. Federal, State, civil, criminal, administrative, legislative, (16) Preparation of general regulations for, and opera­ or other proceeding to' identify such individuals. tion of, programs supported with assistance under this act. (9) Establishment of training programs for professional (17) Establishment of priorities for deciding allocations and nonprofessional personnel with respect to drug and of the funds under this act. alcohol abuse and dependence, including the encourage­ (18) Review the administration and operation of pro­ ment of such programs by local governments. !Srams under this act, including the effectiveness of such (10) Development of a model curriculum, including the programs in meeting the purposes for which they are provision of relevant data and other information, for astablished and operated, and make annual reports of its utilization by elementary and secondary schools for in­ findings. structing children, and for parent-teachers' associations, (1.9) Evaluate the programs and projects carried out adult education centers, private citizen groups, or other under this act and disseminate the results of such eval­ State and local sources, for instruction of parents and other uations. adults, about drug and alcohol abuse and dependence. (11) Preparation of a broad variety of educational ma­ (20) Establish such advisory committees as the council terial for use in all media, to reach all segments of the may deem necessary to assist the council in fulfilling its population, that can be utilized by public and private responsibilities under this act. agencies, institutions, and organizations in educational pro­ (b) In developing the State plan initially, and prior to grams with respect to drug and alcohol abuse and de­ its amendment annually, the council shall hold a public pendence. hearing at least thirty days prior to the adoption of the (12) Establishment of educational courses, including the initial State plan and subsequent amendments and shall provision of relevant data and other information, on the afford thereby all interested persons an opportunity to causes and effects of, and treatment for, drug and alcohol present their views thereon either orally or in writing. abuse and dependence, for law enforcement officials (in­ The council, through its Executive Director and staff, shall cluding prosecuting attorneys, court personnel, the ju­ consult and collaborate with appropriate Federal and State diciary, probation and parole officers, correctional officers and local departments, boards, agencies and governmental and other law enforcement personnel), welfare, vocational units, and with appropriate public and private agencies, rehabilitation, and other State and local officials who come institutions, groups and organizations. Otherwise the pro­ in contact with drug abuse and dependence problems. mulgation of the State plan shall conform to the procedure (13) Recruitment, trainin~, organization and employ­ contained in the Commonwealth Documents Law. ment of professional and other persons, including former (c) The council in accordance with the State plan shall drug and alcohol abusers and dependent persons, to orga­ allocate the responsibility for all services, programs and nize and participate in programs of public education. other efforts provided for therein among the appropriate (14) Treatment and rehabilitation services for male and departments, a~encies and other State personnel. The female juveniles and adults who are charged with, convict­ council, through its Executive Director and other em­ ed of, or serving a criminal sentence for any criminal ployes, shall have the power and its duty shall be to im­ offense under the law of this Commonwealth. Provision plement compliance with the provisions of the State plan of similar services shall be made for juveniles adjudged and to coordinate all such efforts. to be delinquent, dependent or neglected. These services (d) The council shall submit a written report of the shall include but are not limited to: (i) emergency medical State plan to the General Assembly as soon as practicable, services; (ii) inpatient services; and (iii) intermediate but not later than one year after the effective date of this care, rehabilitative and outpatient service. act. The State plan shall give priority to developing commu­ (e) The council shall gather and publish statistics per­ nity based drug or alcohol abuse treatment services in a taining to drug and alcohol abuse and dependence and pro­ cooperative manner among State and local governmental mulgate regulations, with the approval of the chairman, agencies and departments and public and private a!Sencies, specifying uniform statistics to be obtained, records to be institutions and organizations. Consideration shall be maintained and reports to be submitted, by public and given to supportive medical care, services, or residential private departments, agencies, organizations, practitioners, facilities for drug or alcohol dependent persons for whom and other persons with respect to drug and alcohol abuse treatment has repeatedly failed and for whom recovery and dependence, and related problems. Such statistics and is unlikely. reports shall not reveal the identity of any patient or drug The council shall develop as part of the State plan and or alcohol dependent person or other confidential informa­ require the establishment of a system of emergency tion. medical services for persons voluntarily seeking treat­ (f) The council shall establish an information center, ment, for persons admitted and committed pursuant to the which will attempt to gather and contain all available pub­ provisions of section 5 of this act, and for persons charged lished and unpublished data and information on the prob­ with a crime under Pennsylvania law. Upon the estab­ lems of drug and alcohol abuse and dependence. All Com­ lishment of such emergency medical services, the council, monwealth departments and agencies shall send to the by regulation, shall require that appropriate emergency council any data and information pertinent to the cause, medical services be made available to all drug and alcohol prevention, diagnosis and treatment of drug and alcohol abusers who are arrested for a crime under Pennsylvania abuse and dependence, and the toxicology, pharmacology, law. effects on the health of drug and alcohol abusers and The State plan shall further provide standards for the danger to the public health of alcohol, drugs and controlled 1972. LEGISLATIVE JOURNAL-HOUSE 2583 substances, and the council shall make such data and in­ rehabilitation. The council shall provide periodic reports formation widely available. and recommendations to the Bureau of Correction and (g) To facilitate the effectuation of the purposes of this Board of Probation and Parole and appropriate local agen­ act, the council, through its Executive Director, shall re­ cies on persons being treated pursuant to this section. quire all appropriate local and State departments, agencies, Section 7. Retention of Civil Rights and Liberties.-A institutions and others engaged in implementing the State person receiving care or treatment under the provisions plan to submit as often as necessary, but no less often than of this act shall retain all of his civil rights and liberties annually, reports detailing the activities and effects of the except as provided by law. efforts of the aforementioned and recommending appropri­ Section 8. Confidentiality of Records.-(a) A complete ate amendments to the State plan. The Executive Direc­ tor may direct at his discretion a performance audit of any medical, social, occupational, and family history shall be activity engaged in pursuant to the State plan. obtained as part of the diagnosis, classification and treat­ (h) The council shall submit an annual report to the ment of a patient pursuant to this act. Copies of all General Assembly which shall specify the actions taken pertinent records from other agencies, practitioners, in­ and services provided and funds expended under each pro­ stitutions, and medical facilities shall be obtained in order vision of this act and an evaluation of their effectiveness, to develop a complete and permanent confidential personal and which shall contain the current State plan. The coun­ history for purposes of the patient's treatment. cil shall submit such additional reports as may be re­ (b) All patient records (including all records relating quested by the General Assembly and such recommenda­ to any commitment proceeding) prepared or obtained pur­ tions as will further the prevention, treatment, and control suant to thi::; act, and all information contained therein of drug and alcohol abuse and dependence. shall remain confidential, and may be disclosed only with (i) The council shall make provision for facilities in the patient's consent and only (i) to medical personnel ex­ each city or region or catchment area which shall provide clusively for purposes of diagnosis and treatment of the information about the total Commonwealth drug and alco­ patient or (ii) to government or other officials exclusively hol abuse and drug and alcohol dependency programs and for the purpose of obtainin,g benefits due the patient as a services. result of his drug or alcohol abuse or drug or alcohol de­ (j) The council may, for the authentication of its rec­ pendence except that in emergency medical situations ords, process and proceedings, adopt, keep and use a where the patient's life is in immediate jeopardy, patient common seal of which seal judicial notice shall be taken records may be released without the patient's consent to in all courts of this Commonwealth and any process, writ, proper medical authorities solely for the purpose of provid­ notice or other document, which the council may be au­ ing medical treatment to the patient. Disclosure may be thorized by law to issue, shall be deemed sufficient if sign­ made for purposes unrelated to such treatment or benefits ed by the chairman or secretary of the council and au­ only upon an order of a court of common pleas after appli­ thenticated by such seal. All acts, proceedings, orders. cation showing good cause therefor. In determining wheth­ papers, findings, minutes and records of the council and er there is good cause for disclosure, the court shall weigh all reports and documents filed with the council, may be the need for the information sought to be disclosed against proved in any court of this Comonwealth by a copy there­ the possible harm of disclosure to the person to whom of certified to by the chairman or secretary of the council such information pertains, the physician-patient relation­ with the seal of the council attached. ship, and to the treatment services, and may condition Section 5. Admissions and Commitments.-Admissions disclosure of the information upon any appropriate safe­ and commitments to treatment facilities may be made ac­ guards. No such records or information may be used to cording to the procedural admission and commitment pro­ initiate or substantiate criminal charges against a patient visions of the act of October 20, 1966 (P. L. 96), known as under any circumstances. the "Mental Health and Mental Retardation Act of 1966." (c) All patient records and all information contained Section 6. Drug or Alcohol Abuse Services in Correc­ therein relating to drug or alcohol abuse or drug or alco­ tional Institutions, Juvenile Detention Facilities and on hol dependence prepared or obtained by a private practi­ Probation and Parole.-(a) The services established by tioner, hospital, clinic, drug rehabilitation or drug treat­ this act shall be used by the Department of Justice and ment center shall remain confidential and may be dis­ the Department of Public Welfare for drug and alcohol closed only with the patient's consent and only (i) to abusers or drug and alcohol dependent offenders, includ­ medical personnel exclusively for purposes of diagnosis ing juveniles, placed on work release, probation, parole, and treatment of the patient or (ii) to government or or other conditional release. The council shall coordinate other officials exclusively for the purpose of obtaining the development of and encourage State and appropriate benefits due the patient as a result of his drug or alcohol local agencies and departments including the Bureau of abuse or drug or alcohol dependence except that in emer­ Correction and Board of Probation and Parole, pursuant ~ency medical situations where the patient's life is in to the State plan, to establish community based drug and immediate jeopardy, patient records may be released with­ alcohol abuse treatment services and of drug and alcohol out the patient's consent to proper medical authorities abuse treatment services in State and county correctional solely for the purpose of providing medical treatment to institutions. the patient. Medical detoxification and treatment shall be provided Section 9. Welfare.-(a) Drug and alcohol abuse and for persons physically dependent upon alcohol or controlled dependence shall, for the purpose of all State welfare pro­ substances at correctional institutions and juvenile de­ grams be regarded as a major health and economic prob­ tention facilities or in available appropriate medical facil­ lem. ities. (b) State agencies charged with administering such (b) The conditional release of any drug or alcohol welfare programs shall take action to reduce the incidence abuser or drug or alcohol dependent person convicted of of financial indigency and family disintegration caused by any Commonwealth offense may be conditioned on the drug and alcohol abuse and dependence, and treatment and person's agreement to periodic urinalysis or other reason­ rehabilitation services shall be provided for those persons able means of detecting controlled substances or alcohol enrolled in welfare programs whose financial eligibility within the body. for such assistance results, in part or in whole, from drug (c) The Bureau of Correction and Board of Probation and alcohol dependence. and Parole and appropriate local agencies may transfer (c) Persons otherwise eligible for such welfare assis­ an offender placed on conditional release from one treat­ tance shall not be ineligible for such assistance because ment service to another depending upon his response to of drug and alcohol .abuse and dependence unless they treatment. The decision whether to retain or to restrict refuse to accept aVaIlable treatment and rehabilitation or to revoke probation or parole or other conditional re­ services. Any person whose financial eligibility for such lease after failure to conform to a schedule for rehabil­ assistance results in whole or in part, from drug and alco­ itation shall be made on the basis of what is most con­ hol abuse or dependence shall be provided appropriate sistent with both the rehabilitation of the individual and treatment and rehabilitation services. Upon receipt of the safety of the community. All reasonable methods of substantial evidence of such alcohol or drug dependency treatment shall be used to prevent relapses and to promote or abuse, the Department of Public Welfare shall refer 2584 LEGISLATIVE JOURNAL-HOUSE April 4, said welfare recipient to the mental health-mental retarda­ "An act providing for treatment and cure in designated tion program of the recipient's catchman area or to any State institutions of persons habitually addicted to the other approved treatment program, which shall provide use of opiates, and for their admission to and care therein an appropriate examination. Treatment and rehabilitation and the payment of the cost thereof; and making an ap­ services will be deemed to be necessary and will be con­ propriation," absolutely. sidered to be available upon a certification by the admin­ (b) All other acts and parts of acts, general, local and istrator of the community mental health-mental retarda­ special, are repealed in so far as they are inconsistent here­ tion program for the catchment area in which the re­ with. cipient resides that: (D the recipient's financial eligibi.lity for such assistance results in whole or in part from drug On the question, or alcohol abuse or dependence, (ii) the services will Will the House adopt the report of the Committee of more likely than not be appropriate for the recipient, and Conference? (iii) the services can accommodate the recipient. After such certification, participation by the recipient in the Agreeable to the provisions of the constitution, the yeas available program shall be a requirement for continuing and nays were taken and were as follows: eligibility for such assistance, in the absence of good cause for nonparticipation. YEAS-185 (d) Any recipient of welfare assistance whose inability to work or to participate in a work training program is Alexander Fryer Lee Ryan the result of drug and alcohol abuse or dependence shall Allen. F. M. Gallagher Lehr Rybak be excused from such participation only on condition that Anderson. J. H. Gallen Letterman Saloom he accept appropriate treatment and rehabilitation services Anderson., S. A. Geesey Lutty Scanlon Arthurs Geisler Lynch. Frank Scheaffer made available to him and continue to participate until Barber Gekas Malady Schulze disch3.rged by the director in charge of his program. Bellomlnl Gillette Manbeck Scirlca Withdrawal from such program prior to proper discharge Bennett Gleason Manderlno Seltzer shall constitute reason to discontinue welfare assistance. Beren Gleeson Martino Semanoff Section 10. General.-Drug and alcohol abuse or de­ Berkes Good Mastrangelo Shelhamer pendence shall be regarded as a health problem, sickness. Berson Goodman McClatchy Shellon Bittle Greenfield McCue Sherman physical and mental illness, disease, disability, or similar Bixler Gring McCurdy Shuman term, for purposes of all legislation relating to health, wel­ Blair Hamilton, J. H. McGraw Shupnlk fare, and rehabilitation programs, services, funds and Bonetto Hamilton. R. K. McMonagle Smith other benefits. Brunner Harrier Mebus Spencer Section 11. Admission to Private and Public Hospitals. Burkardt Haskell Meholchlck Steele Butera Hayes, D. S. Moore StemmlP.r -Drug and alcohol abusers and drug and alcohol de­ Cessar Hayes, S.E. Morris Stone pendent persons shall b2 admitted to and treated in ap­ Caputo Hepford Moscrlp Stout propriate facilities of private and public hospitals on the Comer Hetrick MlIler Sullivan basis of medical need and shall not be discriminated Coppolino HIII Mullen. M. M. Taylor against because of their drug or alcohol abuse or de­ Coyne Homer Mullen, M. P. Thomas pendence. Crawford Hopkins Musto Toll Crowley Horn Myers Ustynoskl Section 12. Consent of Minor.-Notwithstanding any Dager Homp.r Needham Vallcentl other provisions of law, a minor who suffers from the Davis. D. M. Hovis Novak Vann use of a controlled or harmful su.bstance may give con­ Dav!s. E. B. Hutchinson O·Brlen Walsh sent to furnishing of medkal care or counseling related Davis, R. O. lrvls O'Connell Wansacz to diagnosis or treatment. The consent of the parents DeMedlo Johnson, J. J. O'Pake Wargo Dlnlnn1 Johnson. G. R. Pancoast Weidner or legal guardian of the minor shall not be necessary to DombrowskI Jones Parker. B. L. Wells authorize medical care or counseling related to such Dorsey Kahle Parker, H. S. Westerberg diagnosis or treatment. The consent of the minor shall Doyle Katz Perry Williams be valid and binding as if the minor had achieved his ma­ Dreibelbis Kaufman Pezak Wllson jority. Such consent shall not be voidable nor subject to Early Kelly, A. P. Plevsky Wilt. R. W. later disaffirmance because of minority. Any physician or Eckensberger Kelly.J.B. Prendergast Wilt. W. W. ~glehart Kennedy Rappaport Wojdak any agency or organization operating a drug abuse pro­ "'awcett Kester Renninger Worrllow gram, who provides counseling to a minor who uses any Fee Kistler Renwick Wright controlled or harmful substance may, but shall not be Fenrlch Klepper Reynolcls Yahner obligated to inform the parents or legal guardian of any Fischer Knepper Ritter Yohn such minor as to the treatment given or needed. Foor Kolter Rowe Zearfoss Section 13. Financial Obligations.-Except for minors, Foster Kowalyshyn Ruane Zeller Fox Kury Ruggiero Zimmerman all persons receiving treatment under this act shall be Frank Laudadlo Rush Zord subject to the provisions of Article V of the act of Octo­ Frankenburg ber 20, 1966 (P. L. 96), known as the "Mental Health and Mental Retardation Act of 1966," in so far as it relates to NAYS-O liabilities and payments for services rendered by the Com­ monwealth. NOT VOTING-17 Section 14. Savings Provision.-The provisions of this act shall not affect any act done, liability incurred, or right Allen. W. W. Lederer Piper Wise Gelfand Lynch. Francis Rieger accrued Or vested, or affect any suit or prosecution pending Halverson Melton Savitt Fineman, to enforce any right or penalty or punish any offense under Klunk Murtha Schmitt Speaker the authority of any act of Assembly, or part thereof, re­ LaMarca O'Donnell Shane pealed by this act. Section 15. Repeals.-(a) The following acts and parts The majority required by the constitution having voted of act are repealed to the extent indicated: in the affirmative, the question was determined in the (1) Clause (4) of subsection (a) of section 616, act of affirmative and the report of the Committee of Conference April 29, 1959 (P. L. 58), known as "The Vehicle Code," was adopted. absolutely. Ordered, That the clerk inform the Senate accordingly. (2) Except section 1 and 4, the act of August 20, 1953 (P. L. 1212), entitled "An act providing for the study of the problems of alcoholism; the treatment, commitment, QUESTION OF PERSONAL PRIVILEGE rehabilitation and protection of persons addicted to the excessive use of alcoholic beverages; conferring powers The SPEAKER pro tempore. The Chair recognizes the and imposing duties upon the courts and the Department of Health; and making an appropriation," absolutely. gentleman from Philadelphia, Mr. Lederer. For what pur­ (3) The act of January 14, 1952 (P.L. 1868), entitled pose does the gentleman rise? 1972. LEGISLATIVE JOURNAl.-HOUSE 2585

Mr. LEDERER. I rise to a question of personal privi­ carrier, public warehouseman, or employe of the carrier lege. or warehouseman. "Board" means the Pennsylvania Drug, Device and Cos­ The SPEAKER pro tempore. The gentleman will state metic Board. it. "Bureau" means the Bureau of Drug Control, Pennsyl­ vania Department of Health. Mr. LEDERER. Mr. Speaker, I would like to be cast as "Color additive" means a material which is a dye, pig­ a vote in the affirmative on the conference report on ment or other substance made by a process of synthesis or House bill No. 850, printer's No. 2697. similar artifice, or extracted, isolated or otherwise de­ rived, with or without intermediate or final change of The SPEAKER pro tempore. The gentleman's remarks identity, from a vegetable, animal, mineral or other source, will be noted on the record. and, when added or applied to a controlled substance, other drug, device or cosmetic to the human or animal body, is capable, alone or through reaction with another substance, REPORT OF COMMITTEE OF CONFERENCE of imnarting color thereto, except that such term does not ON HOUSE BILL No. 851 include any material which the appropriate authority, pur­ suant to the Federal act, determines is used or intended Mr. IR,vIS called up the report of the Committee of to be used solely for a purpose or purposes other than coloring. The term "color" includes black, white and in­ Conference on HOUSE BILL No. 851. termediate grays. The following report of the Committee of Conference "Commercial container" means any bottle, jar, tube, ampul, or other receptacle in which a controlled substance, was read: other drug, device or cosmetic is held for distribution or To the Members of the Senate and House of Representa­ dispensing to an ultimate user, and in addition, any box or package in which the receptacle is held for distribution tives: or dispensing to an ultimate user. The term "commercial We, the undersigned, Committee of Conference on the ~ontainer" does not include any package liner, package part of the Senate and House of Representatives for the msert or other material kept with or within a commercial purpose of considering House Bill No. 851, entitled: "An ~ontai:r:er, nor any.carton, crate, drum, or other package act relating to the manufacture, sale and possession of m WhICh commerCIal containers are stored or are used CONTROLLED SUBSTANCES, OTHER drugs, devices for shipment of controlled substances. and cosmetics; conferring powers on the courts and the "~ontaminated with filth" means consisting, in whole secretary and Department of Health and a newly created or m part, of any decomposed, putrid or filthy substance, Pennsylvania Drug, Device and Cosmetic Board; estab­ OF prepared, packed or held under any unsanitary condi­ lishing schedules of controlled substances; providing pen­ tIon or exposed whereby the article or product concerned alties; requiring registration of persons engaged in the may have become contaminated with filth dirt dust or drug trade and for the revocation or sus1;Jension of cer­ any foreign material, or in any manner rendered'injurious tain licenses and registrations; and repealing an act." to health. "Contraband" means any controlled substance, other respectfully submit the following bill as our report: drug, device or cosmetic possessed by a person not author­ ized by law to possess such controlled substance, other W. LOmS COPPERSMITH drug, device or cosmetic, or obtained or held in a manner LOmS G. HILL contrary to the provisions of this act. RICHARD A. SNYDER "Control" means to remove, or change the placement of (Committee on the part of the Senate.) a controlled substance, or immediate precursor under the provisions of this act. MILTON BERKES "Controlled substance" means a drug, substance, or im­ MARVIN E. MILLER mediate precursor included in Schedules I through V of EUGENE F. SCANLON this act. "Cosmetic" means: (i) substances intended to be rubbed, (Committee on the part of the House of Representatives.) poured, surinkled or sprayed on, introduced into or other­ An Act relating to the manufacture, sale and possession of wise applied to the human body or other animal body or controlled substances, other drugs, devices and cosmet­ any part thereof for cleansing, beautifying, nromoting at­ ics; conferring powers on the courts and the secretary tractiveness or altering the appearance, and (ii) substances and Department of Health and a newly created Penn­ intendeq for use as a component of any such substances, sylvania Drug, Device and Cosmetic Board; establish­ except that such term shall not include soap. ing schedules of controlled substances; providing pen­ "Council" means the Governor's Council on Drug and alties; requiring registration of persons engaged in the Alcohol Abuse. drug trade and for the revocation or suspension of cer­ "Counterfeit" means a controlled substance, other drug, tain licenses and registrations; and repealing an act. device or cosmetic which, or the container or labeling of which, without authorization, bears the trademark, trade The General Assembly of the Commonwealth of Penn- name, or other identifying mark, imprint, number, or de­ sylvania hereby enacts as follows: vice, or any likeness thereof, of a manufacturer, distribu­ tor, or dispenser other than the person or persons who in Section 1. Short Title.-This act shall be known and fact manufactured, distributed, or dispensed such sub­ may be cited as "The Controlled Substance, Drug, Device stance and which thereby is falsely purported or repre­ and Cosmetic Act." sented to be the product of, or to have been distributed Section 2. Definitions.-(a) The definitions contained by, such other manufacturer, distributor, or disnenser. and used in the "Pennsylvania Drug and Alcohol Abuse "Court" means all courts of the Commonwealth of Penn­ Control Act" shall also apply for purposes of this act. sylvania, including magistrates and justices of the peace. (b) As used in this act: "Deliver" or "delivery" means the actual, constr";'ctive, "Administer" means the direct application of a con­ or attempted transfer from one person to another of a trolled substance, other drug or device, whether by in­ controlled substance, other drug, device or cosmetic jection, inhalation, ingestion, or any other means, to the whether or not there is an agency relationship. body of a patient or research subject. "Advertisement" means any representation, disseminated "Department" means the Department of Health of the in any manner or by any means other than by labeling, Commonwealth of Pennsylvania. for the purpose of inducing or which is likely. to induce, . "De~ice" me.ans instruments, apparatus and contrivances, directly or indirectly, the purchase and/or use of a con­ mc1udmg theIr components, parts and accessories, in­ trolled substance, other drug, device or cosmetic. tended: (i) for use in the diagnosis, cure, mitigation, treat­ "Agent" means an authorized person when acting on ment or prevention of disease of man or other ani­ behalf of or at the direction of a manufacturer, distributor, mals; or (ii) to affect the structure or any function of the or dispenser... It.cloes not i.Q.clucle a common. or . contract 1;Jody of man or other animals., . . . 2586 LEGISLATIVE JOURNAL-HOUSE April 4,

I "Dispense" means to deliver a controlled substance,' synthesis or by a combination of extraction and chemical other drug or device to an ultimate user or research sub- synthesis: (i) opium, (ii) any opiate having an addiction­ ject by or pursuant to the lawful order of a practitioner, forming or addiction-sustaining capacity similar to mor­ including the prescribing, administering, packaging, label- phine, but not including the isoquinoline alkaloids of ing, or compounding necessary to prepare such item for opium, (iii) any compound, manufacture, salt, derivative, that delivery. or preparation of opium or any opiate, and (iv) any sub- "Dispenser" means a practitioner who dispenses. stance, compound, manufacture, salt, derivative, or prep- "Distribute" means to deliver other than by administer- aration thereof, which is chemically identical with any of ing or dispensLng a controlled substance, other drug, device the substances referred to in (i), (ii) or (iii). or cosmetic. "New drug" means (i) any drug the composition of "Distributor" means any person engaged in the activities which is such that such drug is not generally recognized of jobber, dealer, or wholesaler who sells, or otherwise ~mong experts qualified by scientific training and exper­ distributes, any controlled substance, other drug, device Ience to evaluate the safety and effectiveness of drugs as or cosmetic for resale or redistribution which he has not safe and effective for use under the conditions prescribed, himself prepared, produced or compounded. recommended or suggested in the labeling thereof; or (ii) "Drug" means: (i) substances recognized in the official any drug the composition of which is such that such drug, United States Pharmacopeia, or official National Formu- as a result of investigations to determine its safety and ef­ lary, or any SUPPlement to either of them; and (ii) sub- fectiveness for use under such conditions, has become so stances intended' for use in the diagnosis, cure, mitiga- reco~ni:z:ed, but which has not, otherwise than in such in­ tion treatment or prevention of disease in man or other vestIgatIOns, been used to a material extent or for a mac ani~als; and (iii) substances (other than food) intended to terial time under such conditions. affect the structure or any function of the human body or "No.nproprietary drug" means any drug containing any other animal body; and (Iv) substances intended for use quantlty of any controlled substance or any drug requir­ as a component of any article specified in clause (i), (ij) ing a prescription, a ~r1fg containi:ng bi.ologicals or sub­ or (iii), but not including devices or their components, stanc,es of glandular ongm (ex<;ept mtestma~ ~nzymes and parts or accessories. all llver products), drugs which are admImstered par- "Drug dependent person" means a person who is using enterally, but not any such drugs which are prepackaged a drug, controlled substance or alcohol, and who is in a ;'lith ct;'mplete dosage instructions in the labeling limit­ state of psychic or physical dependence, or both, arising mg theIr use to the care or treatment of poultry and live­ from administration of that drug, controlled substance or stock. alcohol on a continuing basis. Such dependence is char- "Official compendium" means the official United States acterized by behavioral and other responses which include Pharmacopeia, the official National Formulary or any sup­ a strong compulsion to take the drug, controlled substance plement to either of them. or alcohol on a continuous basis in order to experience its "Opiate" means any substance having an addiction­ psychic effects, or to avoid the discomfort of its absence. forming or addiction-sustaining liability similar to mor­ This definition shall include those persons commonly phine or being capable of conversion into a drug having known as "drug addicts." addiction-forming or addiction-sustaining liability. It "Immediate precursor" means a substance which the does not include the dextrorotatory isomer of 3-methoxy­ secretary has found to be and by regulation designates as n-methlmorphinan and its salts (dextromethorphan). It being a principal compound commonly used or produced does include the racemic and levorotatory forms. primarily for use, and which is an immediate chemical in- "Opium ponpy" means the plant of the species Papaver termediary used or likely to be used in the manufacture somniferum L., except its seeds. of a controlled substance. "Person" means individual, corporation, government or "Label" means a display of written, printed or graphic governmental sl;lbdivision ?r ,agency, business trust, est~te, matter upon the commercial container of any substance or tr1;1;st, partnersh~p or aSSOCIatIOn, or any other legal entIty. article and a requirement made by or under authority of .Poppy straw means;;tll parts, except the seeds, of the this act that any word, statement or other information ap- o~:um P?I?PY, ~fter mo.wI:ng. .. . pearing on the label shall not be considered to be com- Pr:actl~IOner means: (1) a I?hY~IcIan, osteopa,th, ~ent~st, plied with unless such word, statement or other informa- vete~'manan, pharmaCIst, po<;liatnst, nur.se, sCIentlfic m­ tion also appears on the outside container or wrapper, if v~stIgator" or other per~on hce1!sed, regIstered or other­ any there be, of the retail package of such substance or is w~~e permItted to dIstnbu!e,. dIspense, conduct research easily legible throuO'h the outside container or wrapper. wl.h respect to or tt;' admmIster a controll~d substan~e, " ." b ., other drug or deVIce m the course of profeSSIOnal practlce Label~ng mea~s ,all labels and other wntten, l?rmted, or research in the Commonwealth of Pennsylvania; (ii) a or. graphIC matter. ~I) up~n a substanc17 or any of ItS con- pharmacy, hospital, clinic or other institution licensed, ta~?ers or wrapp,ers, or (n) accompanYIr:g such substa~ce. registered, or otherwise permitted to distribute, dispense, Manufacture mea1!s the prc,>d-g.ctIOn, pre1?aratIOn, conduct research with respect to or to administer a con­ propagatlon, compoundmg, converSIOn c,>r processmg of a trolled substance, other drug or device in the course of controlled substance, other drug or deVIce or the packag- professional practice or research in the Commonwealth of ing t;'r repackagin~ of such substanc.e or art,icle, or the Pennsylvania. ' labelmg or relab,elmg of the comm.ercIal contame~ c,>f, such "Production" includes the manufacture, planting, culti­ substan.c~ or artlcle, but ~oe~ not mclL!de th~ ~ctIvI~Ies of vation, growing or harvesting of a controlled substance, a ,pract~tlOner who, as an mCIden~ to !?-IS admInIstratIon ~r other drug, device and cosmetic. dIspens,mg such sL!bstance or artIcle m the course of hIS "Prescription" or "prescription order" means an order profeSSIOnal practIce, prep~res, compounds, packages or for a controlled substance, other drug or device for medica­ labels such substance or artIcle. The term "manufacturer" tion which is dispensed to or for an ultimate user but does means a person w.ho manufactures a controlled substance, not include an order for a controlled substance, other drug other drug or deVIce. or device for medication which is dispensed for immediate "Marihuana" means all parts of the plant Cannabis administration to the ultimate user. (e,g., an order to sat~va L" whether growing or not; the seeds thereof; the dispense a drug to a bed patient for immediate adminis­ resm extracted from any part ~f sl;lch pl~nt; and every tration in a hospital is not a prescription order.) compound, manufactur~, salt, denvatI~e,.mIxture, or pr17P- "Registrant" means anyone person registered under the aratIOn of such plant, It.S seeds or resm, but shall not m- laws of this Commonwealth to manufacture, dispense, dis­ clude t~trahydrocannabmols, the mature. stalks of such tribute administer or sell drugs. plant, fIber produced from such stalks, OIl or cake made ,,' " from the seeds of such plant, any other compound, manu- Secretary means the ~ecretary of Health of the Com- facture, salt, derivative, mixture, or preparation of such monw:alth of PennsylvanIa. mature stalks (except the resin extracted therefrom), "Ultimate user" means a person who lawfully possesses fiber, oil, cake, or the sterilized seed of such plant which a controlled substance, other drug, device or cosmetic for is incapable of germination. his own use or for the use of a member of his household "Narcotic" means any of the following, whether pro- or for administering to an animal in his care. duced directly or indirectly by extraction from substances Section 3. Authority to Control.-(a) The secretary of vegetable origin, or independently by means of chemical shall control all substances listed in Schedules I through 1972. LEGISLATIVE JOURNAL-HOUSE 2587

V of this act and may, by regulation, upon his own mo­ 29. Morpheridine. tion or on the petition of any interested party add a 30. Noracymethadol. substance as a controlled substance. Such regulations 31. Norlevorphanol. shall be adopted in accordance with the act of July 31, 32. Normethadone. 1968 (Act No. 240), known as the "Commonwealth Docu­ 33. Norpipanone. ments Law." Before so doing, the secretary shall request 34. Phenadoxone. the advice in writing from the board whether a substance 35. Phenampromide. should be added as a controlled substance. Such advice 36. Phenomorphan. shall be rendered to the secretary within a reasonable 37. Phenoperidine. time. The secretary shall consider with respect to each 38. Piritramide. substance hereafter controlled: 39. Proheptazine. (1) Its actual or relative potential for abuse; 40. Properidine. (2) Scientific evidence of its pharmacological effect, if 41. Racemoramide. known; 42. Trimeperidine. (3) State of current scientific knowledge regarding the substance; (ii) Any of the following opium derivatives, their salts, (4) Its history and current pattern of abuse; isomers and salts of isomers, unless specifically excepted, (5) The scope, duration, and significance of abuse; whenever the existence of such salts, isomers and salts of (6) The risk there is to the public health; isomers is possible within the specific chemical designation: (7) Its psychic or physiological dependence liability; 1. Acetorphine. (8) Whether the substance is controlled under Federal 2. Acetyldihydrocodeine. law: and 3. Benzylmorphine. (9) Whether the substance is an immediate precursor of 4. Codeine methylbromide. a substance already controlled under this section. After 5. Codeine-N-Oxide. considering the above factors, the secretary shall make find­ 6. Cyprenorphine. ings with respect thereto and shall issue a regulation con­ 7. Desomorphine. trolling the substance if he finds that the substance has a 8. Dihydromorphine. potential for abuse. 9. Etorphine. (b) If the secretary designates a substance as an im­ 10. Heroin. mediate precursor, substances which are precursors of 11. Hydromorphinol. the controlled precursor shall not be subject to control 12. Methyldesorphine. solely because they are precursors of the controlled pre­ 13. Methylhydromorphine. cursor. 14. Morphine methylbromide. (c) The secretary shall not remove any substance from 15. Morphine methylsulfonate. control under this act unless specifically authorized by 16. Morphine-N-Oxide. the General Assembly to do so. The secretary shall not 17. Myrophine. reschedule any controlled substance unless specifically au­ 18. Nicocodeine. thorized by the board to do so. 19. Nicomorphine. Section 4. Schedules of Controlled Substances.-The 20. Normorphine. following schedules include the controlled substances listed 21. Pholcodine. or to be listed bv whatever official name, common or usual 22. Thebacon. name, chemical "name, or trade name designated. (iii) Any material, compound, mixture, or preparation (1) Schedule I-In determining that a substance comes which contains any quantity of the following hallucino­ within this schedule, the secretary shall find: a high po­ genic substances, their salts, isomers, and salts of isomers tential for abuse, no currently accepted medical use in the unless specifically excepted, whenever the existence of United States, and a lack of accepted safety for use under such salts, isomers, and salts of isomers is possible within medical supervision. The following controlled substances the specific chemical designation: are included in this schedule: 1. 3,4-methylenedioxy amphetamine. (i) Any of the following opiates, including their isomers, 2. 5-methoxy-3,4-methylenedioxy amphetamine. esters, ethers, salts, and salts of isomers, esters, and ethers, 3. 3,4,5-trimethoxy amphetamine. unless specifically excepted, whenever the existence of 4. Bufotenine. such isomers, esters, ethers and salts is possible within 5. Diethyltryptamine. the specific chemical designation: 6. Dimethlytryptamine. 1. Acetylmethadol. 7. 4-methyl-2,5-dimethoxyamphetamine. 2. Allylprodine. 8. Ibogaine. 3. Alphacetylmethadol. 9. Lysergic acid diethylamide. 4. Alphameprodine. 10. Mescaline. 5. Alphamethadol. 11. Peyote. 6. Benzethidine. 12. N-ethyl-3-piperidyl benzilate. 7. Betacetylmethadol. 13. N-methyl-3-piperidyl benzilate. 8. Betameprodine. 14. Psilocybin. 9. Betamethadol. 15. Psilocyn. 10. Betaprodine. 16. Tetrahydrocannabinols. 11. Clonitazene. (iv) Marihuana. 12. Dextromoramide. 13. Dextrorphan (except its methylether). (2) Schedule II-In determining that a substance comes 14. Diampromide. wit~in this schedule, the secretary shall fi.nd: a high po­ 15. Diethylthiambutene. tentlal for abuse, currently accepted medIcal use in the 16. Dimenoxadol. United States, or currently accepted medical use with 17. Dimepheptanol. severe restrictions, and abuse may lead to severe psychic 18. Dimethylthiambutene. or physical dependence. The following controlled sub­ 19. Dioxaphetyl butyrate. stances are included in this schedule: 20. Dipioanone. (i) Any of the following substances except those nar­ 21. EthYlmethylthiambutene. cotics specifically excepted or listed in other schedules 22. Etonitazene. whether produced directly or indirectly by extractior: 23. Etexeridine. from substances of vegetable origin, or independently by 24. Furethidine. means of chemical synthesis, or by combination of extrac­ 25. Hydroxypethidine. tion and chemical synthesis: 26. Ketobemidone. 1. Opium and opiate, and any salt, compound, deriva­ 27. Levomoramide. tive, or preparation of opium or opiate. 28. Levophenacylmorphan. 2. Any salt, compound, derivative, or preparation there- 2588 LEGISLATIVE JOURNAL-HOUSE April 4, of which is chemically equivalent or identical with any of 6. Methyprylon; the substances referred to in subclause 1, except that these 7. Phencyclidine. substances shall not include the isoquinoline alkaloids of 8. Sulfondiethylmethane. opium. 9. Sulfonethylmethane. 3. Opium poppy and poppy straw. 10. Sulfonmethane. 4. Coca leaves and any salt, compound, derivative, or (ii) Nalorphine. preparation of coca leaves, and any salt, compound, deriva­ (iii) Any material, compound, mixture, or preparation tive, or preparation thereof which is chemically equivalent containing limited quantities of the following narcotic or identical with any of these substances, but shall not in­ drugs, or any salts thereof, unless specifically excepted or clude decocainized coca leaves or extracts of coca leaves, listed in other schedules: which extracts do not contain cocaine or ecgonine. 1. Not more than 1.8 grams of codeine per 100 milliliters (ii) Any of the following opiates, including their iso­ or not more than 90 milligrams per dosage unit, with an mers, esters, ethers, sal's, and salts of isomers, esters, and equal or greater quantity of an isoquinoline alkaloid of ethers, unless specifically excepted or listed in another opium. schedule, whenever the existence of such isomers, esters, 2. Not more than 1.8 grams of codeine per 100 milliliters ethers and S2JtS is possible within the specific chemical or not more than 90 milligrams per dosage unit, with one designation: or more active, nonnarcotic ingredients in recognized 1. Alphaprodine. therapeutic amounts. 2. Anileridine. 3. Not more than 300 milligrams of dihydrocodeinone per 3. Bezitramide. 100 milliliters or not more than 15 milligrams per dosage 4. Dihydrocodeine. unit, with a fourfold or greater quantity of an isoquinoline 5. Diphenoxylate. alkaloid of opium. 6. Fentanyl. 4. Not more than 300 milligrams of dihydrocodeinone per 7. Isomethadone. 100 milliliters or not more than 15 milligrams per dosage 8. Levomethorphan. unit, with one or more active, nonnarcotic ingredients 9. Levorphanol. in recognized therapeutic amounts. ] D. Metazocine. 5. Not more than 1.8 grams of dihydrocodeine per 100 11. Methadone. milliliters or not more than 90 milligrams per dosage unit, 12. Methadone-Intermediate, with one or more active, nonnarcotic ingredients in recog­ 4-cyano-2-dimethylamino-4,4-diphenyl butane. nized therapeutic amounts. 13. Moramide-Intermediate,2-methyl-3-morpholino-l, 6. Not more than 300 milligrams of ethylmorphine per 1-dipheny1-propane-carboxylic acid. 100 milliliters or not more than 15 milligrams per dosage 14. Pethidine. unit, with one or more active, nonnarcotic ingredients in 15. Pethidine-Intermediate-A, recognized therapeutic amounts. 4-cyano-1-methy1-4-phenylpiperidine. 7. Not more than 500 milligrams of opium per 100 16. Pethidine-Intermediate-B, milliliters or per 100 grams, or not more than 25 milli­ ethyl-4-phenylpiperidine-4-carboxylate. grams per dosage unit, with one or more active, non­ 17. Pethidine-Intermediate-C, narcotic ingredients in recognized therapeutic amounts. 1-methy1-4-phenylpiperidine-4-carboxylic acid. 8. Not more than 50 milligrams of morphine per 100 13. Phenazocine. milliliters or per 100 grams and not more than 2.5 19. Piminodine. milligrams per dosage unit with one or more active, non­ 20. Racemethorphan. narcotic ingredients in recognized therapeutic amounts. 21. Racemorphan. (v) The secretary may by regulation except any com­ (iii) Unless specifically excepted or unless listed in an­ pound, mixture, or preparation containing any drug or other schedule, any material, compound, mixture or prep­ controlled substance listed in subclauses (i) and (ii) of aration which contains any quantity of the following sub­ this schedule above from the application of those pro­ visions of this act covering controlled substances, if the stances, having a potential for abuse associated with the ~ompound, stimulant effect on the central nervous system: mixture, or preparation contains one or more active medicinal ingredients not having a stimulant or de­ 1. Amphetamine, its salts, optical isomers, and salts of pressant effect on the central nervous system: Provided, its optical isomers. That such admixtures shall be included therein in such 2. Phenmetramine and its salts. combinations, quantity, proportion, or concentration as to 3. Methylphenidate. vitiate the potential for abuse of the substances which 4. Any substance which contains any quantity of do have a stimulant or depressant effect on the central methamphetamine including its salts, isomers and salts of nervous system. isomers. (vi) The secretary shall by regulation exempt any non­ (iv) The phrase "opiates" as used in section 4 of this narcotic substance from the control under this act if such act and elsewhere throughout the act shall not include the 3ubstance may, under the provisions of the Federal Food, dextrorotatory isomer of 3-methoxy-n-methylmorphinan Drug, and Cosmetic Act (21 U.S.C. 301 et seq.), be lawfully

10. Petrichloral. (3) Registrations issued by the secretary .01' :under the 11. Phenobarbital. law preceding this. act to manuf~cturers, dIStrI.but~rs 01' retailers shall contl11ue to be valId for the perIod Issued (ii) The secretary may by. regulatio~ .except any com­ and, upon expiration, shal~ be r:ene~ed in the manner pr~­ pound, mixture, or preparatIOn conta~mng any dru% or vided for renewal of regIstratIOn Issued pursuant to thIS controlled dangerous substance listed m subclause (1) of section. Nothing contained herein shall be construed to this schedule above from the application of those pro­ require the .registration hereunder ?f any practitioner reg­ visions of this act covering controlled drugs, if the com­ preparatio~ istered or lIcensed by the approprIate State board, nor to pound, mixture, or contai,ns one or more active require the separate registration of agents ~r. employes

(c) No controlled substance in Schedule V may be dis­ of, or the doing of any other act with respect to a con­ tributed or dispensed for other than a medicinal purpose. trolled substance, other drug, device or cosmetic, if such (d) A practitioner may prescribe, administer, or dis­ act is done while such substance or artic'e is held for sale pense a controlled substance or other drug or device only and results in such substance or article being adulterated (i) in good faith in the course of his professional practice, or misbranded. (ii) within the scope of the patient relationship, and (iii) (6) Forging, counterfeiting, simulating or false'y repre­ in 'accordance with treatment principles accepted by a senting, or without proper authority using any mark, responsible segment of the medical profession. A prac­ stamp, tag, label or other identification symbol author­ titioner may cause a controlled substance, other drug or ized or required by regulation promulgated under the device or drug to be administered by a professional assist­ provisions of this act. ant under his direction and supervision. (7) Placing or causing to be placed upon any controlled (e) A veterinarian may prescribe, administer, or dis­ substance, other drug, device or cosmetic, or upon the pense a controlled substance, other drug or device only container of any controEed substance, other drug, device (i) in good faith in the course of his professional practice, or cosmetic, with intent to defraud, the trademark, trade and (ii) not for use by a human being. He may cause a name or other identifying mark, imprint or symbol of an­ controned substance, other drug or device to be adminis­ other, or any likeness of any of the foregoing. tered by a professional assistant under his direction and (8) Selling, dispensing, disposing of or causing to be supervision. sold, dispemed or disposed of, or keeping in possession, (f) Any drug or device dispensed by a pharmacist pur­ control or custody, or concealing any controlled sub­ suant to a prescription order shall bear a label showing 0) stance, other drug, device or cosmetic or any container of the name and address of the pharmacy and any registra­ any drug, device or cosmetic with knowledge that the tion number obtained pursuant to any applicab'e Federal trademark, trade name or other identifying mark, imprint laws, (ii) the name of the patient, or, if the patient is an or symbol of another, or any likeness of any of the fore­ animal, the name of the owner of the animal and the going, has been placed thereon in a manner prohibited by species of the animal, (iii) the name and any registration clam:e (7) hereof. number required to be obtained pursuant to any applicable (9) Making, selling, disposing of or causing to be made, Federal laws, of the practitioner by whom the prescription sold, or disposed of, or keeping in possession, control or order was written, and (iv) the serial number and date custody, or concealing with intent to defraud, any punch, of filing of the prescription order. In addition, the follow­ die, plate, stone or other thing designed to print, imprint ing statement shall be required on the label of a con­ or reproduce the trademark, trade name or other identify­ trolled substance: "Transfer of this drug to anyone other ing mark, imprint or symbol of another or any likeness of than the patient for whom it was prescribed is illega1." any of the foregoing upon any contro1.ed substance, other Section 12. Records of Distribution of Controlled Sub­ drug, device or cosmetic or container thereof. stances.-(a) Every person who sells or otherwise dis­ tributes controlled substances, shall keep records of all (10) The sa'e at retail of a nonproprietary drug except purchases or other receipt and sales or other distribution by a registered pharmacist in a licensed pharmacy or by of such substances for two years from the date of purchase a practitioner. or sale. Such records shan include the name and address (11) The operation of a drug manufacturing, distribut­ of the person from whom purchased or otherwise re­ ing or retailing establishment, except by registered phar­ ceived or to whom sold or otherwise distributed, the date of macists in a licensed pharmacy, without conforming with purchase or receipt or sale or distribution, and the quan­ such standards respecting sanitation, materials, equipment tity involved: Provided, however, That this subsection and supplies as the se~retary, after consultation with the shall not apply to a practitioner who dispenses controlled board, may establish by regulation for the protection of substances to his patients, unless the practitioner is reg­ the pub .ic health and safety. ularly engaged in charging his patients, whether separate y (12) The acquisition or obtaining of possession of a or together with charges for other professional services, controlled substance by misrepresentation, fraud, forgery, for substances so dispensed. deception or subterfuge. (b) Every practitioner licensed by law to administer, (13) The sa~e, disI:ensing, distribution, prescription or dispense or distribute controlled substances shall keeu a gift by any practitioner otherwise authorized by law so record of all such substances administered, dispensed· or to do of any control:ed substance to any person known to distributed by him, showing the amount administered, dis­ such practitioner to be or whom such practitioner has pensed or distributed, the date, the name and address of reason to know is a drug de:cendent person, unless said the patient, and in the case of a veterinarian, the name drug is prescribed, administered, disI:ensed or given, for and address of the owners of the animal to whom such the cure or treatment of some malady other than drug de­ substances are dispensed or distributed. Such record shall pendency, except that a controlled substance, including be kept for two years from the date of administering, but not limited to methadone, may be I:ermitted for the dispensing or distributing such substance and shall be treatment of drug derendency pursuant to reguations of open for inspection by the proper authorities. the secretary providing for such use. This clause shall not (c) Persons registered or licensed to manufacture or prohibit any practitioner from prescribing, distributing or distribute or dispense a controlled substance, other drug disrensing any controlled substance on a short term basis or device under this act shall keep records and maintain rending confirmed admission of the patient to a hospital inventories in conformity with the record-keeping, order or rehabilitation center. form and inventory requirements of Federal law and with any additional regulations the secretary issues. ControlJ.ed (14) The administration, disrensing, delivery, gift or substances in Schedules I and II shall be distributed by a prescription by any practitioner otherwise authorized by registrant to another registrant only pursuant to an order law so to do of any controlled substance except after a form. physical or visual examination of the rerson or animal for Section 13. Prohibited Acts; Penalties.-(a) The follow­ whom said drugs are intended, said examination to be ing acts and the causing thereof within the Common­ made at the time said prescription order is issued or at the wealth are hereby prohibited: time said drug is administered, disI:ensed, given away or (1) The manufacture, sale or delivery, holding, offering delivered by said practitioner, or except where the prac­ for sale, or possession of any controlled substance, other titioner is satisfied by evidence that the rerson is not a drug, device or cosmetic that is adulterated or misbranded. drug derendent rerson. (2) The adulteration or misbranding of any controlled (15) The sa'e at retail or disrensing of any controlled substance, other drug, device or cosmetic. substance listed in Schedules II, III and IV to any person, except to one authorized by law to sell, dispense, prescribe (3) The dissemination or publication of any false or or possess such substances, unless upon the written or oral materially misleading advertisement. prescription of a person licensed by law to prescribe such (4) The removal or disposal of a detained or embargoed drug and unless compounded or dispensed by a registered substance or article, whether or not such substance or ar­ pharmacist or pharmacy intern under the immediate per­ ticle is in fact adulterated or misbranded. sonal supervision of a registered pharmacist, or the re­ (5) The adulteration, mutilation, destruction, oblitera­ filling of a written or oral prescription order for a drug, tion or removal of the whole or any part of the labeling unless such refilling is authorized by the prescriber either 2592 LEGISLATIVE JOURNAL-HOUSE April 4, in the original written prescription order or by written under this act, or a practitioner not registered or licensed confirmation of the original oral prescription order. The by the appropriate State board, or knowingly creating, de­ provisions of this subsection shall not apply to a prac­ livering or possessing with intent to deliver, a counterfeit titioner licem:ed to prescribe or dis]:ense such drugs, who controlled substance. keeps a record of the amount of such drugs purchased and (31) Notwithstanding other subsections of this section, a dis:r;ensing record showing the date, name, and quantity (i) the possession of a small amount of marihuana only for of the drug dis]:ensed and the name and address of the personal use; (ii) the possession of a small amount of mari­ patient, as required by this act. huana with the intent to distribute it but not to sell it; or (16) Knowingly or intentionally possessing a controlled (iii) the distribution of a small amount of marihuana but or counterfeit substance by a person not registered under not for sale. this act, or a practitioner not registered or licensed by the For purposes of this subsection, thirty (30) grams of appropriate State board, unless the substance was ob­ marihuana or eight (8) grams of hashish shall be con­ tained directly from, or pursuant to, a valid prescription sidered a small amount of marihuana. order or order of a practitioner, or except as otherwise (b) Any person who violates any of the provisions of authorized by this act. clauses (1) through (20) of subsection (a) shall be guilty (17) The wilful dis:r;ensing of a controlled substance of a misdemeanor, and except for clauses (4), (6), (7), (8), by a practitioner otherwise authorized by law so to do (9) and (19) shall, on conviction thereof, be sentenced to without affixing to the container in which the drug is imprisonment not exceeding one year or to pay a fine not sold or disrensed a label bearing the name and address exceeding five thousand dollars ($5,000), or both and for of the practitioner, the date dis1=ensed, the name of the clauses (4), (6), (7), (8), (9) and (19) shall, on conviction patient and the directions for the use of the drug by the thereof, be sentenced to imprisonment not exceeding three patient. years or to pay a fine not exceeding five thousand dollars (18) The selling by a pharmacy or distributor of any ($5,000), or both; but, if the violation is committed after controlled substance or other drug unless the container a prior conviction of such person for a violation of this bears a label, securely attached thereto, stating the s1=e­ act under this section has become final, such person shall cific name of the drug and the proportion or amount there­ be sentenced to impriwnment not exceeding three years of unless otherwise specifically directed in writing by the or to pay a fine not exceeding twenty-five thousand dollars practitioner. ($25,000), or both. (19) The intentional purchase or knowing receipt in (c) Any person who violates the provisions of clauses commerce by any person of any controlled substance, (21), (22) and (24) of subsection (a) shall be guilty of a other drug or device from any :r;erson not authorized by misdemeanor, and shall, on conviction thereof, be punished law to sell, distribute, dispense or otherwise deal in such only as follows: controlled substance, other drug or device. (1) Upon conviction of the first such offense, he shall (20) The using by any person to his own advantage or be sentenced to imprisonment not exceeding six months, revealing other than to the secretary or officers or employ­ or to pay a fine not exceeding ten thousand dollars es of the department or to the council or to the board or ($10,000), or both. to courts or a hearing examiner when relevant to proceed­ (2) Upon conviction of the second and subsequent of­ ings under this act any information acquired under author­ fense, he shall be sentenced to imprisonment not exceed­ ity of this act concerning any method or process which as ing two years, or to pay a fine not exceeding twenty-five a trade secret is entitled to protection. Such information thousand dollars ($25,000), or both. obtained under the authority of this act shall not be ad­ (d) Any person who knowingly or intentionally violates mitted in evidence in any proceeding before any court of clause (23) of subsection (a) is guilty of a misdemeanor the Commonwealth except in proceedings under this act. and upon conviction thereof shall be sentenced to im­ (21) The refusal or failure to make, keep or furnish any prisonment not exceeding three years, or to pay a fine not record, notification, order form, statement, invoice or in­ exceeding fifteen thousand dollars ($15,000), or both. formation required under this act. (e) Any person who violates clauses (25) through (29) (22) The refusal of entry into any premises for any of subsection (a) is guilty of a misdemeanor and upon con­ ins:r;ection authorized by this act. viction shall be sentenced to imprisonment not exceeding (23) The unauthorized removing, breaking, injuring, or three years, or to pay a fine not exceeding twenty-five defacing a seal placed upon embargoed substances or the thousand dollars ($25,000), or both. removal or disposal of substances so placed under seal. (f) Any person who violates clause (30) of subsection (24) The failure by a manufacturer or distributor to (a) with respect to: register or obtain a license as required by this act. (1) A controlled substance or counterfeit substance clas­ (25) The manufacture of a controlled substance by a sified in Schedule I or II which is a narcotic drug, is guilty registrant who knows or who has reason to know, the of a felony and upon conviction thereof shall be sentenced manufacturing is not authorized by his registration, or to imprisonment not exceeding fifteen years, or to pay who knowingly distributes a controlled substance not a fine not exceeding two hundred fifty thousand dollars authorized by his registration to another registrant or ($250,000), or both or such larger amount as is sufficient other authorized person. to exhaust the assets utilized in and the profits obtained (26) The knowing distribution by a registrant of a from the illegal activity. controlled substance classified in Schedules I or II, except (2) Any other controlled substance or counterfeit sub­ pursuant to an order form as required by this act. stance classified in Schedule I, II, or III, is guilty of a (27) The use in the course of the manufacture or dis­ felony and upon conviction thereof shall be sentenced to tribution of a controlled substance of a registration number imprisonment not exceeding five years, or to pay a fine which is fictitious, revoked, suspended, or issued to an­ not exceeding fifteen thousand dollars ($15,000), or both. other person. (3) A controlled substance or counterfeit substance (28) The furnishing of false or fraudulent material in­ classified in Schedule IV, is guilty of a felony and upon formation in, or omission of any material information from conviction thereof shall be sentenced to imprisonment not any application, report, or other document required to be exceeding three years, or to pay a fine not exceeding kept or filed under this act, or any record required to be ten thousand dollars ($10,000), or both. kept by this act. (4) A controlled substance or counterfeit substance (29) The intentional making, distributing, or possessing classified in Schedule V, is guilty of a misdemeanor and of any punch, die, plate, stone, or other thing designed to upon conviction thereof shall be sentenced to imprison­ print, imprint, or reproduce the trademark, trade name, ment not exceeding one year, or to pay a fine not exceed­ or other identifying mark, imprint, or symbol of another ing five thousand dollars ($5,000), or both. or any likeness of any of the foregoing upon any drug or (g) Any person who violates clause (31) of subsection container or labeling thereof so as to render the drug a (a) is guilty of a misdemeanor and upon conviction thereof counterfeit substance. shall be sentenced to imprisonment not exceeding thirty (30) Except as authorized by this act, the manufacture, days, or to pay a fine not exceeding five hundred dollars delivery, or possession with intent to manufacture or de­ ($500), or both. liver, a controlled substance by a person not registered (h) Any penalty imposed for violation of this act shall 1972. LEGISLATIVE JOURNAL-HOUSE 2593 be in addition to, and not in lieu of, any civil or adminis­ the penalties imposed for second or subsequent convictions: trative penalty or sanction authorized by law. Provided, That probation without verdict shall be avail­ Section 14. Distribution to Persons Under Age Eighteen. able to any person only once: And further provided, That -Any person who is at least twenty-one years of age who notwithstanding any other provision of this act, the violates this act by distributing a controlled substance prosecuting attorney or the court and the council shall listed in Schedules I through V to a person under eighteen keep a list of those persons placed on probation without years of age who is at least five years his junior is punish­ verdict, which list may only be used to determine the able by a term of imprisonment up to twice that otherwise eligibility of persons for probation without verdict and authorized by subsection (f) of section 13 of this act, in the names on such lists may be used for no other purpose addition to any fine authorized by this act. whatsoever. Section 15. Second or Subsequent Offense.-(a) Any Section 18. Disposition in Lieu of Trial.-(a) If a per­ person convicted of a second or subsequent offense under son charged with a nonviolent crime claims to be drug de­ clause (30) of subsection (a) of section 13 of this act pendent or a drug abuser and prior to trial he requests or of a similar offense under any statute of the United appropriate treatment, including but not limited to, States or of any state prior to the commission of the admission or commitment under the Mental Health and second offense may be imprisoned for a term up to twice Mental Retardation Act of 1966 in lieu of criminal the term otherwise authorized, fined an amount up to prosecution, a physician experienced or trained in the twice that otherwise authorized, or both. field of drug dependency or drug abuse shall be ap­ (b) For purposes of this section, an offense is considered pointed by the court to examine, if necessary, and to re­ a second or subsequent offense, if, prior to the commission view the accused's record and advise the government at­ ')f the second offense, the offender has at any time been torney, the accused and the court in writing setting forth convicted under this act or under any statute of the United that for the treatment and rehabilitation of the accused States or of any state relating to controlled substances. it would be preferable for the criminal charges to be held Section 16. Enforcement Provisions.-The following in abeyance or withdrawn in order to institute treatment guidelines shall be applicable in the enforcement of any for drug dependence or for the criminal charges to be penalties imposed by this act: prosecuted. The government attorney shall exercise his (1) No publisher, radio broadcast licensee, or agency or discretion whether or not to accept the physician's recom­ medium for the dissemination of an advertisement, except mendation. the manufacturer, distributor or seller of the article to (b) In the event that he does not accept the physician's which a false advertisement relates, shall be liable under recommendation he shall state in writing and furnish the section 12 of this act by reason of the dissemination by him defendant a copy of his decision and the reasons therefor. of such false advertisement unless he has refused on the (c) If the government attorney accepts the physician's request of the secretary to furnish the secretary with the advice to hold in abeyance, he shall arrange for a hearing name and post office address of the manufacturer, dis­ before the appropriate court to hold in abeyance the tributor, seller or advertising agency who causes him to criminal prosecution. The court, upon its approval, shall disseminate such advertisement or unless he publishes proceed to make appropriate arrangements for treatment. such advertisement knowing or having good cause to (d) The government attorney, upon his own applica­ know that it is false or otherwise in violation of the law. tion, may institute proceedings for appropriate treatment, (2) For purposes of this section, any conviction under including but not limited to, commitment pursuant to any Federal or State law relating to any controlled sub­ the Mental Health and Mental Retardation Act of 1966. stance or other drug, other than a juvenile violation, shall (e) A criminal charge may be held in abeyance pur­ constitute a prior offense if it related to the type of suant to this section for no longer than the lesser of either conduct against which a subsequent offense is directed. (i) the appropriate statute of limitations or (ii) the maxi­ (3) Any penalty relating to license or registration sus­ mum term that could be imposed for the offense charged. pension or revocation shall be executed by the appropriate At the expiration of such period, the criminal charge shall licensing or registration agency upon receipt of a court be automatically dismissed. A criminal charge may not order setting forth the penalty. be prosecuted except by order of court so long as the (4) The probation or parole or other conditional re­ medical director of the treatment facility certifies that the lease or discharge of any person convicted of an offense accused is cooperating in a prescribed treatment program under this act or of any other offense may be conditioned and is benefiting from treatment. on the person's agreement to periodic urinalyses or other (f) If, after conviction, the defendant requests probation reasonable means of detection. A relapse into drug abuse with treatment or civil commitment for treatment in lieu one or more times or the failure to conform to a set of criminal punishment the court may appoint a qualified schedule for rehabilitation, or both, in themselves shall physician to advise the court in writing whether it would not require that his status be revoked or treatment denied. be preferable for the purposes of treatment and rehabili­ Section 17. Probation Without Verdict.-A person may tation for him to receive a suspended sentence and proba­ be entitled to probation without verdict under the follow­ tion on the condition that he undergo education and treat­ ing circumstances: ment for drug abuse and drug dependency, or to be com­ mitted pursuant to the Mental Health and Mental Retarda­ (1) A person who has not previously been convicted of tion Act of 1966 for treatment in lieu of criminal punish­ an offense under this act or under a similar act of the ment, or to receive criminal incarceration. A copy of the United States, or any other state, is eligible for proba­ physician's report shall be furnished the court, the de­ tion without verdict if he pleads nolo contendere or guilty fendant and the government attorney. The court shall to, or is found guilty of, any nonviolent offense under this exercise its discretion whether to accept the physician's act. The court may, without entering a judgment, and advice. with the consent of such person, defer further proceedings and place him on probation for a specific time period not to (g) Disposition in lieu of trial as provided in this sec­ exceed the maximum for the offense upon such reasonable tion shall be available to any person only once. terms and conditions as it may require. Section 19. Expunging Criminal Records.-(a) Any records of arrest or prosecution or both for a criminal Probation without verdict shall not be available to any offense under this act, except for persons indicted for person who is charged with violating clause (30) of sub­ violations of clause (30) of subsection (a) of section 13, or section (a) of section 13 of this act and who is not himself under the provisions previously governing controlled sub­ a drug abuser. stances in the Commonwealth of Pennsylvania or any po­ (2) Upon violation of a term or condition of probation, litical subdivision thereof shall be promptly expunged the court may enter a judgment and proceed as in any from the official and unofficial arrest and other criminal criminal case, or may continue the probation without records, files and other documents pertaining to the verdict. particular arrest or prosecution or both when the charges (3) Upon fulfillment of the terms and conditions of are withdrawn or dismissed or the person is acquitted of probation, the court shall discharge such person and dismiss the charges: Provided, That such expungment shall be the proceedings against him. Discharge and dismissal available as a matter of right to any person only once. shall be without adjudication of guilt and shall not con­ Within five days after such withdrawal, dismissal or ac­ stitute a conviction for any purpose whatever, including quittal the court, in writing, shall order the appropriate 2594 LEGISLATIVE JOURNAL-HOUSE April 4,

keepers of criminal records (i) to expunge and destroy the establishments, and conveyances, where persons registered official and unofficial arrest and other criminal records, under section 6 (or exempted from registration under sec­ files and other documents pertaining to the arrest or tion 6) may lawfully hold, manufacture, or distribute, prosecution or both, to request in so far as they are able dispense, administer or otherwise dispose of controlled sub­ the return of such records as they have made available to stances. Federal and other State agencies, and to destroy such (b) (1) For the purpose of inspecting, copying, and records on receipt thereof; and (ii) to file with the court verifying the correctness of records, reports, or other docu­ within thirty days an affidavit that such records have ments required to be kept or made under this act and been expunged and destroyed, together with the court's otherwise facilitating the carrying out of his functions expunction order and to retain no copies thereof. Upon under this act, the secretary is authorized, in accordance receipt of such affidavit, the court shall seal the same with this section, to enter controlled premises and to con­ together with the original and all copies of its expunction duct. adm~nistr.ative ipspections thereof, and of the things order and shall not permit any person or agency to examine speCIfied III thIS sectIOn. relevant to those functions. such sealed documents. (2) Such entries and insnections shall be carried out The court shall file with the council a list of those per­ through officers or employes (hereinafter referred to as sons whose record was expunged. The council shall main­ "officers") designated by the secretary. Any such officer tain a confidential list which list may be used only for the upon stating his purpose and preS2nting to the owner purpose of determining the eligibility of persons for the operator, or officer in charge of such premises (i) appro~ expunction provisions under this section and to be made ~riate credE;ntials 3;nd (ii). a :vritten notice of his inspec­ available to any court upon request. tIOn authorIty (WhICh notIce III the case of an insnection (b) Any expunged record of arrest or prosecution shall requiring, or in fact supported by, an administrative in­ not hereafter be regarded as an arrest or prosecution for snection warrant shall consist of such warrant) shall have the purpose of any statute or regulation or license or ques­ the right to enter such premises and conduct s~ch inspec­ tionnaire or any civil or criminal proceeding or any other tion at reasonable times. public or private purpose. No person shall be permitted (3) Except as may otherwise be indicated in an applica­ to learn of an expunged arrest or prosecution, or of the ble inspection warrant, the officer shall have the right· expunction, either directly or indirectly. Any person, ex­ (i) to inspect and copy records, reports, and other docu~ cept the individual arrested or prosecuted, who divulges ments required to be kept or made under this act· (ii) such information in violation of this subsection shall be to inspect, within reasonable limits and in a reaso~able guilty of a summary offense and shall, upon conviction manner, controlled premises and all pertinent equipment thereof, be punished by imprisonment not exceeding thirty finished and unfinished drugs and other substances or ma~ (30) days or a fine not exceeding five hundred dOllars terials, .cont3;iner~, and lab~ling found therein, and, except ($500), or both. as provlded III thIS subsectIOn, all other things therein (in­ (c) Nothing contained in this section shall prohibit a cluding records, files, papers, processes, controls and fa­ person acting pursuant to prior practice from petitioning cilities) appropriate for verification of the record~ reports an appropriate court for an expunction order. and documents referred to in subchuse (i) or a'therwis~ Section 20. Offenses by a Corporation, Copartnership bearing on the provisions of this act; and (iii) to inven­ or Association.-If any violation of the provisions of this tory any stock of any controlled substance therein and ob­ act is by a corporation, copartnership or association, the tain samples of any such substance or article. officers and directors of such corporation or the mem­ (4) Except when the owner, operator, or officer in bers of such copartnership or association, the agents and charge of the controlled premises so consents in writing employes with prior guilty knowledge of the fact, shall no inspection authorized by this section shall extend to~ be deemed guilty of a violation of the provisions of this (i) financial data; (ii) sales data other than shipment data: act to the same extent as though said violation were (iii) pricing data; or (iv) research data. ' committed by them personally. (c) A warrant under this section shall not be required Section 21. Burden of Proving Exemptions.-In any for the inspection of books and records pursuant to an ad­ prosecution under this act, it shall not be necessary to ~iI,Iistrative subpoena issued in accordance with any pro­ negate any of the exemptions or exceptions of this act VISIOns of any Act of Assembly nor for entries and ad­ in any complaint, information or trial. The burden of ministrative inspections (including seizures of property): proof of such exemption or exception shall be upon the (1) With the consent of the owner, operator or officer person claiming it. in charge of the controlled premises; , Section 22. Judicial Review.-Any person aggrieved by (2) In situations presenting imminent danger to health a final administrative decision may obtain review of the or safety; decision pursuant to the provisions of the Administrative (3) In situations involving inspection of conveyances Agency Law. where there is reasonable cause to believe that the mo­ SectIOn :1.3. Revocation of Licenses of Practitioners.­ bility of the conveyance makes it impracticable to obtain (a) Any license or registration heretofore issued to any a warrant; practitioner may either be revoked or suspended by the (4) In any other exceptional or emergency circumstance proper officers or boards having power to issue licenses where time or opportunity to apply for a warrant is lack­ or registration to any of the foregoing, upon proof that ing; or the licensee or registrant is a drug dependent person on the use of any controlled substance after giving such (5) In any other situations where a warrant is not con­ licensee or registrant reasonable notice and opportunity stitutionally required. to be heard. (d) Issuance and execution of administrative inspection (b) The appropriate licensing boards in the Department warrants shall be as follows: of State are hereby authorized to revoke or suspend the (1) Any judge of a court, may, within his territorial registration or license of any practitioner when such per­ jurisdiction, and upon proper oath or affirmation showing son has pleaded guilty or nolo contendere or has been probabl2 cause, issue warrants for the purpose of conduct­ convicted of a felony under this act or any similar State ing administrative inspections authorized by this act or or Federal law. Before any such revocation or suspension, regulations t.hereun.der, and seizures of property appropri­ the licensee or registrant shall be given a hearing before ate to such InSpectIOns. For the purposes of this section the appropriate board. At such hearing the accused may the term "probable cause" exists upon showing a valid be represented by counsel and shall be entitled to com­ public interest in the effective enforcement of this act or pulsory attendance of witnesses. regulations thereunder sufficient to justify administrative inspections of the area, premises, building, or conveyance Section 24. Administrative Inspections and Warrants. or contents thereof, in the circumstances specified in the -(a) As used in this section, the term "controlled prem­ application for the warrant. ises" means: (2) A warrant shall issue only upon an affidavit of a (1) Places where original or other records or documents designated officer or employe having knowledge of the required under this act are kept or required to be kept; facts alleged, sworn to before the judge and establishing and the grounds for issuing the warrant. If the judge is satis­ (2) Places, includillg factories, warehouses, or other fied that grounds for the application exist or that there is 1972. LEGISLATIVE JOURNAL-HOUSE 2595

probable cause to believe they exist, he shall issue a war­ ing examiner, appointed under the authority of section rant identifying the area, premises, building, or convey­ 30, will rE2ceive evidence pertaining to the alleged offense. ance to be insnected, the purpose of such insnection, and, Unless postponed by mutual consent, failure to serve a where apnropriate, the tyne of nroperty to be insnected, citation or commence hearings within the time herein if any. The warrant shall identify the items or ty""es of specified shall operate to void such embargo. pronerty to be seized, if any. The warrant shall be di­ (c) If, after hearin0.:, the examiner is satisfied from the rected to a person authorized under subsection (b) (2) evidence presented that a detained or embargoed sub­ to execute it. The warrant shall state the grounds for its stance or article is adulterated, misbranded or contraband issu'3.nce and the name of the person or persons whose he shall, within five days of the conclusion of the hear~ affid8.vit has been taken in sunnort thereof. It sh8ll com­ ing, order such substance or article destroyed at the ex­ mand the person to whom it is direct"d to insnect the area, pense of the claimant thereof under supervision of an premises, building, or conveyance identified for the pur­ agent of the secretary: Provided, That when the embargo pose specified, and, where annronriate, shall direct the is based on an adulteration or misbranding which can be seizure of the property specified. The warrant shan direC't corrected by proper labeling or processing of the sub­ that it be served during normal business hours. It shall stance or article, the examiner, after entry of the crder designate the judge to whom it shall be returned. and after such costs, fees and expenses have been paid (3) A warrant issu"d pursuant to this sectinn mu"t be and a good and sufficient bond conditioned that such sub­ executed and returned within ten d'3.ys of its date unless, stance or article shall be so labeled or processed has unon a showing by the secretary of a need therefor, the been executed, may by order direct that such substance judge aHows additional time in the warrant. If n~onerty or article be released to the claimant thereof for such is seized pursuant to a warrant, the person expcutmg the labeling or processing under the supervision of an officer warrant sh':ill give to the person from whom or from whos~ of the secretary. The expense of such supervision, if any, premises the property was tak"n a copy of the warrant and shall be p.aid by the claimant. Such substance or article a receipt for the pronerty taken or shall leave the CODy shall be released to the claimant when it is no longer in and recpint at the phce from which the property w"s violation of this act and the expenses of such super­ taken. The return of the w'3.rrant sh'lll be made promntly vision have been paid. and shall be accomnanied by a writtpn inventory of any (d) If no claimant shall appear to defend such proceed­ pronerty taken. The invpntory shall be madp in the pres­ ings, the hearing examiner may order the embargoed sub­ ence of the nerson executing the warrant and of the per­ stances or articles destroyed or distributed to a nonprofit son from whose possession or premises the pronl'~rtv was institution. tak"n. if they are present, or in the nresence of at least one Section 28. Forfeiture.-(a) The following shall be sub­ credible person other th"n the person making such il1­ ject to forfeiture to the Commonwealth and no property ventory, and shall be verified by the percon exp('uting the right shall exist in them: warrant. A coPy of the inventory shall be delivered to (1) All controlled sllbstances or other drugs which have the person from whom or from whose nremises the prop­ been manufa~tured, distributed, dispensed, or acquired in erty was taken and to the applicant for the warrant. violation of this act. (4) The judge who has issued a warrant. nnder this sec­ (2) An raw materials, products, and equipment of any tion shan aHa"h to the warrant a copy of the retl1rn and kind which are used, or intended for use in manufacturing, a11 naners returnablp filed in conne~tiol1 therewith ann compounding, processing, delivering, importing, or export­ shall file them with the cler'k of the court for the judicial inq; any controlled substance or other drug in violation of district in which the inspection was made. this act. Section 25. Injunctive Relief.-In addition to the rem­ (3) All property which is used, or intended for use, as a edies provided herein, the secretary is hereby authorized container for property described in clause (1) or (2) of to anply to the court of common pleas in the county in this subsection. which such violation occurs or to the Commonwealth (4) All conveyances, including aircraft, vehicles, or ves­ Court for, and such court shall have jurisdidjon to grant, sels, which are used or are intended for use, to transport, a temporary or permanent injunction restraining any per­ or in any maner to facilitate the transnortation, sale, re­ son from continued violation of any provision of this act ceipt, possession, or concealment of property described in irrespective of the existence of an adequate remedy at clause (1) or (2) except that: law. (i) no conveyance used by any person as a common n carrier in the transaction of business as a common carrier Sect.ion 26. Cooppration With Other Allth rities -'The shan be forfeited under the provisions of this section un­ agencies charged with the enforcement of this act shall less it shan appear that the owner or other person in actively coo-perate and coordinate with the agencies charge of such conveyanre was a consenting party or privy charged with the enforcement of all Feneral and State to a violation of this title; laws relating to the reguhtion of the distribution of con­ (ii) no conveyance shall be forfeited under the pro­ trolled substanC'es, other druo.:s, devices or cosmetics. visions of this section by reason of any act or omi1'sion 1 Section 27. Embargo.-(a) Whenever a duly a 1thorized established by the ownPI' th"reof to have been committed officer of the secretary finds or has probable cause to be­ t or omitted without his knowledge or consent; lieve that any controJled subs 8.nce. other drnq, device or (iii) no bona fide security inten'st retained or acquired cosmetic is adlllterated or misbranded or contrah'3.nri, the under the Uniform Commercial Code by any merchant same s"all be deemed subiect to embargo and he shaH affix dealing in new or used aircraft, vehicles or vessels, or re­ to sw:h substance or article a tag or other apnropriate tained or acquired by any licensed or regulated finance markino.:, approved by the secretary, giving notice that company, bank, lending institution, or by any other b'lSi­ such s'lbstance or article is or is s'1spe"ted of being adul­ ness regularly engaged in the financing of, or lendinq; on terated, misbranded or contraband and warning all per­ the security of, such aircraft, vehicles or vessels, shall be sons not to remove or disnose of such substance 0r article subject to forfeiture or impairment; and until permission so to do has bepn granted by s11ch offker, (iv) no conveyance shall be forfeited under this section or until it shall have determined by proper authority that for violati0n of clauses (16) and (31) of subsection (a) such substance or article is not adulterated, misbranded of section 13. or contraband. At the time such notice is offered, the of­ ficer shall provide the person in charge of such substance (5) All books, records, and research, including formulas, or artide, if any, or the owner, if he is known, a statement microfilm, tapes and data which are used, or intended for in writing, setting forth both the basis for the embargo and use, in violation of this act. supporting facts. (b) Property subject to forfeiture under this act may (b) When a substance or article is detained or embargo­ be seized by the law enforcement authority upon process ed under subsection (a), the secretary shall serve within issued by any court of common pleas having jurisdiction three days from the date of such embargo a citation upon over the property. Seizure without process may be made the claimant thereof or owner, if he is known, setting if: forth both the basis for the embargo and sunporting facts (1) The seizure is incident to an arrest or a searrh unrler and fixing a date for a hearing not later than ten days a search warrant or inspection under an administrative from the date of service of said citation at which a hear- inspection warrant; 2596 LEGISLATIVE JOURNAL-HOUSE April 4,

(2) The property subject to seizure has been the sub­ which the offense was committed for which purpose such ject of a prior judgment in favor of the Commonwealth :::ourt is hereby given jurisdiction. in a criminal injunction or forfeiture proceeding under this (d) In any action or proceeding before him, the hearint; act· examiner may assess all costs incurred in connection with dl) There is probable cause to believe that the property the prosecution of such proceeding, includint; investigative is dangerous to health or safety; or ,md laboratory costs incurred by the Commonwealth, (4) There is probable cause to believe that the property 'lgainst. respondent in such proceeding; such costs to be has been used or is intended to be used in violation of in addition to any other penalty imposed and to be re­ this act. tained by the Department of Health and applied to cost (c) In the event seizure without process occurs, as pro­ to the department administering this act. vided herein, proceedings for the issuance thereof shall be (e) Hearings shall be conducted under the provisions of instituted forthwith. the Administrative Agency Law, as amended, and subject (d) Property taken or detained under this section shall to such other rules and regulations not inconsistent there­ not be subject to replevin, but is deemed to be in the with as the secretary may provide and any person ag­ custody of the law enforcement authority subject only to grieved by any action of the hearing examiner may appeal the orders and decrees of the court of common pleas hav­ in accordance with the nrovisions of the Administrative ing jurisdiction over the forfeiture proceedings and of Agency Law, as amended. the secretary. When property is seized under this act, Section 31. Board Creation.-(a) There is hereby the law enforcement authority shall: created within the Department of Health a departmental (1) Place the property under seal; and either administrative board to be known as the "Pennsylvania (2) Remove the property to a place designated by it; or Drug, Device and Cosmetic Board." (3) Require that the department take custody of the property and remove it to an appropriate location for (b) The board shall consist of the Secretary of Health, disposition in accordance with law. his successors in office, and ten additional members whom (e) Whenever property is forfeited under this act, the the Governor shan appoint, by and with the advice and consent of two-thirds of all the members of the Senate. Of property shall be transferred to the custody of the de­ the members: one shall be a physician, one a dentist, one partment and the secretary may: a veterinarian, one a psychologist or psychiatrist and one (1) Retain the property for official use; a pharmacist, each of whom shall be duly licensed in their (2) Sell any forfeited property which is not required respective professions by the Commonwealth: one shall to be destroyed by law and which is not harmful to the be a biochemist and one shall be a pharmacologist, each public but the proceeds from anv such sale shall be used of whom shall have earned an advanced degree in that to pay all proper exoenses of the proceedings for for­ field from an institution of higher learning and shall have feiture and sale including expenses of seizure, maintenance been engaged as such for three years in this State; one shall of custody, advertising and court costs. be a manufacturer registered to manufacture drugs or an Section 29. Procedure With Respect to Seized Prop­ employe thereof; and the two remaining persons shall be erty Subject to Liens and Rights of Lienholders.-(I;l) The members of the general public not engaged in any of the person who seized said property shall notify the regIstered aforementioned but one of whom shall be well informed owner and lienholder, where possible, and shall publish on the problems caused by the abuse and misuse of drugs notice in a newspaper of general circulation in the county or other chemicals. Two members initially shall serve for or the city, where seized, of any vehicle, vessel or aircraft terms of one, two, three and four years, respectively, the confiscated informing interested persons of the seizure and particular term of each to be designated by the Governor right to file a claim protesting the confiscation of said ve­ at the time of appointment. Any additional member, the appointment of whom is authorized by amending act, shall hicle, vessel or aircraft. serve for a term of four years. The terms of all their suc­ (b) Any lawful lienholder, or other person showing a cessors shall be four years each, except that any person legal right title or interest in a vehicle, vessel or aircraft, appointed to fill a vacancy shall serve only for the un­ confiscated pursuant to this subtitle may, within thirty expired term. Every member's term shall extend until days of publication of notice file a claim protesting sllch his successor is appointed and aualified. Any appointed seizure with the court or with the person having jurisdic­ member of the board shall be eligible for reappointment. tion thereof. When such a claim is filed, the court of Each member, who is not otherwise an officer or emnloye common pleas of the county wherein the property was con­ of the Commonwealth, when actually engaged in official fiscated, shall proceed in rem to hear and determine the meetings or otherwise in the performances of his official question of forfeiture. duties as directed by the chairman, shall receive reim­ (c) If the court determines any property is subiect to bursement for expenses incurred and per diem compensa­ forfeiture it shall also determine whether any lawful lien­ tion at a rate to be set by the Executive Board. holder who has filed a timely claim and protest had knowl­ (c) The Secretary of Health, or his designate, shall edge of such intended unlawful use. If the court shall serve as chairman of the board. A majority of the mem­ find such knowledge then the lienholder's right, title and bers shall constitute a quorum for the purpose of organiz­ interest to the property shall likewise be deemed forfeit­ ing the board, conducting its business, and exercising all ed. If the court does not find such knowledge and the of its powers. A vote of the majority of the members property is otherwise subject to forfeiture, it. shall be nresent shall be sufficient for all actions of the board un­ forfeited and the person having custody of such property less the bylaws require a greater number. shall either pay the outstanding indebtedness secured by (d) The board shall have the power to prescribe, amend such lawful lien and keep the property or deliver the and repeal bylaws, rules and regulations governing the property to the said lienholder. manner in which the business of the body is conducted Section 30. Hearing Examiners.-(a) The secretary and the manner in which the powers granted to it are shall appoint, with the approval of the Governor, such exercised. The board may delegate supervision of the ad­ hearing examiners as shall be necessary to conduct hear­ ministration of board activities to an administrative secre­ ings as provided in section 27. tary and such other employes as the Secretary of Health (b) Hearing examiners appointed under this act shall shall appoint. have the power to issue subpoenas requiring the attendance (e) The board shall have the power to do all things and testimony of, or the production of, pertinent books necessary or convenient to carry out the powers granted and papers by persons whom they believe to have informa­ to it by this act. tion relevant to any matter pending before him. Such (f) The board may, for the authentication of its records, examiner shall also have the power to administer oaths. process and proceeedings, adopt, keep and use a common (c) Any person who refuses to obey a subpoena issued seal of which seal judicial notice shall be taken in all hereunder or to be sworn or affirmed or to testify, or who courts of this Commonwealth and any process, writ, notice is guilty of any contempt after summons to appear, may or other document, which the board may be authorized by be punished as for contempt of court. For this purpose, law to issue, shall be deemed sufficient if signed by the an application may be made by the examiner to the court chairman or secretary of the board and authenticated by of common pleas within the territorial jurisdiction of such seal. All acts, proceedings, orders, papers, findings, 1972. LEGISLATIVE' JOURNAL-HOUSE 2591 minutes and records of the board, and all reports and docu­ the prOVISIOns of this section and of the act of July 31, ments filed with the board, may be proved in any court of 1968 (Act No. 240), known as the "Commonwealth Docu­ this Commonwealth by a copy thereof certified to by the ments Law" any regulations hereinbefore referred to in chairman or secretary of the board with the seal of the this act and such other regulations with the coment of the board attached. board regarding the possession, distribution, sa'e, purchase (g) In order to enable the board to carry out the pro­ or manufacture of controlJed substances, other drugs or de­ visions of this act, including its rower to advise the secre­ vices or cosmetics as may be necessary to aid in the en­ tary on various matters, it shall have the power to issue forcement of this act. subpoen'lS, requiring the attendance and testimony of, or Section 36. Administrative Procedure.-The Adminis­ the production of, pprtinent books and panel'S by persons trative Agency Law, as amended. shall be applicab'e in its whom the board believes to have information, books or entirety to the Department of Health in the administration papers of imnortance to it in carrying out the purnoses of this act. and intent of this act. Each member of the board and Section 37. Cooperative Agreements and Confidentiality. such officers, employes or others emDloyed in the work of -(a) The Eecretary shall coor-erate with Federal and other the board designated by the chairman of the board also State agencies in discharginf{ his responsibilities concern­ shall have the nower to administer oaths and affirmations, ing traffic in contro1Jed substances, other drugs, devices to question witnesses thereunder, and to examine such and cosmetics and in suppressing the abuEe of such sub­ books and napers. The board may issue commissions, stances and articles. To this end, he may: letters rogatory, or other appropriate processes outside (1) Arrange for the exchange of information among the Commonwealth. governmental officials concerning the use and abuse of (h) Any person who refuses to obey a subnoen'l i!;sued such substances and articles; hereunder. or to be sworn or affirmed, or to testify, or (2) Coordinate and cooperate in training programs con­ who is guilty of any contemDt after summon.; to anneal', cerning law enforcement at local and State leve's; may be puni.shed as for contemut of court. For t.his nUT­ (3) Request the Federal Bureau of Narcotics and Dan­ pose an applicCltion m~y be made by t.he board to tbp court. gerous Drugs to establish a centralized unit to co'.lect, of common nleas within the territorial jurisdiction of accept, catalogue and file nonconfidential statistics and which the offense was committed, for which purpose, such make the information availab'e for Federal, State and local court is hereby given jurisdiction. law enforcement purpOEes; and Section 32. Persons Authorized to Prescribe Drugs to (4) Conduct programs of eradication aimed at destroy­ Remain as Heretofore.-N0 provision of this act or anv ing wild or illicit growth of plant species from which rule or regulation promul~ated pursuant to this act shall drugs may be extracted. authorize or be construed as authori.zing any persnn to (b) Results, information, and evidence received from prescribe drugs who is not specifically so authorized un­ the bureau relating to the regulatory functions of this der existing law. act, including results of inspections conducted by it may Spction 33. Conformitv With Federal Law.-No con­ be relied and acted upon by the Eecretary in the exercise trolled substancp, other drug, device or cosmetic shall be of his regulatory functions under this act. deemed to be C1dulteraterl or mi,::br~nded under this act if (c) A practitioner engaged in medical practice or clin­ it complies with the anplicable Federal act and/or regula­ ical research is not required nor may he be comre'Jed to tions and internretations issued pursuant thereto, unless furnish the name or identity of a patient or research sub­ the secretary, after consultation with an.d UDon the recom­ ject to the Eecretary, nor may he be comrelled in any mendation of t.he boarrl, shall have nrevIOusly nromulgated State or lo('al rh,n. criminal anministrative, legi,::lative a regulation st'l.ting that the apPlicable provision of the or other proceedings to furnish the name or identity of Federal act and/or regulations and interpretations there­ such an individual. of would not be followed. (d) This section shall not exempt the practitioner from Section 34. Administration of Act.-(a) Except as may regU'ations of the secretary pertaining to the prescription be otherwise provided by law, the provisions of this act of controlled substances to a patient over an extended shall be administered by the deDartment. The secretary -r;eriod or in an increasingly large dosage. is authorized to emDloy personnel and to fix their comnen­ Section 38. Savings Provision.-Theprovisions of this sation subject to t.he act of Anril 9, 1929 (P. L. 177), known act shall not affect any act done, liability incurn·d. or right as "The Administrative Code of 1929." accrued or vested, or affect any suit or prosecution rend­ (b) The secretary is authorized and directed to establish ing to enforce any right or penalty or punish any offense a Bureau of Drug Control within the department and to under the authority of any Act of Assembly, or part there­ emDloy therein sufficient personnel to perform the duties of, rerealed by this act. imnosed upon the department by this act. (c) The secretary may designate specific officers and Section 39. Pending Proceedings.-(a) Prosecution for employes of the Bureau of Drug Control as law enforce­ any vio'ation of law occurring prior to the effective date ment personnpl and authorize such personnel to: of this act is not affected or abated by this act. In any case (l) Carry firearms in the performance of his official not yet final if the offense is similar to one set out in this duties: act, the penalties under this act apply if they are less than (2) Execute and serve search warrants, arrest warrants, those under prior law. administrative insrection warrants, subnoenas, and sum­ (b) Civil seizures or forfeitures and injunctive proceed­ monses issued under the authority of the Commonwealth; ings commenced nrior to the effective date of this act are (3) Make arrests without warrant for any offense under not affected by this act. this act committed in his presence, or if he has probab'e (c) All administrative nroceedings rending under prior cause to be'ieve that the rerson to be arrested has com­ laws which are surerseded by this act shall be continued mitted or is committing a violation of this act which may and brought to a final determination in acco::d with the constitute a fe~ony; laws and ru'es in effect prior to the effective date of the (4) Make seizures of property pursuant to this act; or act. Any substance controlled under prior law which is not (5) Perform other law enforcement duties as the sec­ listed within Schedules I through V, is automatically con­ trolled without further proceedings and shall be listed in retary designates. the appropriate schedule. (d) Nothing contained herein shan be deemed to limit the authority of the Bureau of Drug Control, the Pennsyl­ (d) The secretary shall initially rermit persons to regis­ vania State Police, the Department of Justice or any other ter who own or orerate any establishment engaged in the law enforcement agency in dealing with law enforce­ manufacture or distribution of any controlled substance ment matters with respect to rersons engaged in the un­ prior to the effective date of this act and who are regis­ lawful importation, manufacture, distribution, sale and tered or licensed by this Commonwealth. production of controlled substances, other drugs or devices (e) This act applies to violations of law, seizures and or cosmetics nor the authority of the council in performing forfeitures, injunctive proceedings, administrative pro­ any duties imposed upon it by the "Pennsylvania Drug and ceedings and investigations which occur following its ef­ Alcohol AbuEe Act." fective date. Section 35. Promulgation of Regulations:-The secretary Section 40. Continuation of Regulations.-Any orders shall have the authority to promulgate in accordance with and regulations promulgated under any law affected b¥ 2598 LEGISLATIVE JOURNAL-HOUSE April 4,

this act and in effect on the effective date of this act and affirmative and the report of the Committee of Conference not in conflict with it continue in effect until modified. was adopted. superseded or repealed. Ordered, That the clerk inform the Senate accordingly. Section 41. Uniformity of Interpretation.-This act shall be so applied and construed as to effectuate its general purpose to make uniform the law with resre:::t to the QUESTIONS OF PERSONAL PRIVILEGE subject of this act among those states which enact similar legislation. The SPEAKER pro tempore. The Chair recognizes the Section 42. B9.r to Prosecution.-If a violation of this act gentleman from Bucks, Mr. Gallagher. For what purpose is a viohtion of a Federal law or the law of another state. a conviction or acquittal under Federal law or the law of does the gentleman rise? another state for the same act is a bar to prosecution in Mr. GALLAGHER. I rise to a question of personal this Commonwealth. privilege. Section 43. Repeals.- (a) The act of September 26, 1961 The SPEAKER pro tempore. The gentleman will state (P. L. 1664). known as "The Drug, Device and Cosmetic it. Act," is hereby rer:ealed. Mr. GALLAGHER. Mr. Speaker, unfortunately, I was (b) All other acts, or parts of acts, inconsistent with this act are hereby repealed. not recorded as voting "aye" on House bill No. 851. I wish to be recorded in favor of the conference committee On the question, report on House bill No. 851. Will the House adopt the report of the Committee of The SPEAKER pro tempore. The gentleman's remarks Conference? will be spread on the record.

Agreeable to the provisions of the constitution, the yeas The Chair recognizes the gentleman from Philadelphia, and nays were taken and were as follows: Mr. Lederer. For what purpose does the gentleman rise? Mr. LEDERER. I rise to a question of personal privi­ YEAS-184 lege. The SPEAKER pro tempore. The gentleman will state Alexander Frankenburg Lee Ryan Allen. F. M. Fryer Lehr Rybak it. Anderson. J. H. Gallen Letterman Saloom Mr. LEDERER. Mr. Speaker, I would like my vote cast Anden;on. S. A. Geesey Lutty Scanlon Arthurs Geisler Lynch. Frank Scheaffer in the affirmative on the conference report on House bill Barber Gekas Malady Schulze No. 851, printer's No. 2698. Bellomlnl Gillette Manbeck Scirica Bennett Gleason Manderino Seltzer The SPEAKER pro tempore. The gentleman's remarks Beren Gleeson Martino Semanoff will be noted for the record. Berkes Good Mastrangelo Shelhamer Berson Goodman McClatchy Shelton Bittle Greenfield McCue Sherman Bixler Gring McCurdy Shuman GIRL SCOUTS WELCOMED Blair Hamilton. J. H. McGraw Shupnik Bonetta Hamilton. R. K. McMonagle Smith The SPEAKER pro tempore. The Chair at this time Brunner Harrier Mebus Spencer would like to welcome to the hall of the House, 23 Girl Burkardt Haskell Meholchick Steele Butera Hayes. D. S. Miller Stemmler Scouts from Troop No. 278, Doylestown, Bucks County, Caputo Hayes. S. E. Moore Stone Pennsylvania. Cessar Hepford Morris Stout Comer Hetrick Mo,crip Sullivan The scouts are here today with their leader, Mrs. Richard Coppolino Hill Mullen. M. M. Taylor Margraff and her assistant, Mrs. Albert Prince. Coyne Homer Mullen, M.P. Thomas They are the guests of the gentleman from Bucks Coun­ Crawford Hopkins Musto Toll Crowley Hom Myers Ustynoskl ty, Mr. Wilson. Dager Horner Needham Valicenti Davis. D. M. Hovis Novak Walsh Davis. E. B. Hutchinson O'Brien Wansacz FORMER MEMBER WELCOMED Davis. R. O. levis O'Connell Wargo DeMedio Johnson. G. R. O'Pake Weidner The SPEAKER pro tempore. The Chair would also like Dininnl Johnson, J. J. Pancoast Wells Dombrowskl Jones Parker. B. L. Westerberg to welcome to the hall of the House, a former member Dorsey Kahle Parker, H. S. Wilson of this House, the gentleman from Philadelphia, Mr. Floyd. Doyle Katz Perry Wilt.R.W. Dreibelbis Kaufman Pezak Wilt.W.W. Early Kelly. A. P. Pievsky Wojdak Eckensberger Kelly. J. B. Prendergast Worrilow ANNOUNCEMENT Englehart Kennedy Rappaport Wright Fawcett Kester Renninger Yahner The SPEAKER pro tempore. The Chair recognizes the Fee Kistler Renwick Yohn majority leader. Fenrich Klepper Reynolds Vann Fischer Knppper Ritter Williams Mr. IRVIS. Mr. Speaker, I have an announcement. Foor Kolter Rowe Zearfoss As all the members know, there is now circulating among Foster Kowalyshyn Ruane Zeller Fox Kury Ruggiero Zimmerman the various states of the Union the question of ratifica­ Frank Laudadio Rush Zord tion of the suggested amendment for equal rights for men and women, to be attached to the United States Constitu­ NAYS-O tion. NOT VOTING-18 The House of Representatives of the Commonwealth of Pennsylvania will take action on this ratification ques­ Allen. W. W. LaMarca O'Donnell Shane Gallagher Lederer Piper Wise tion. A resolution to that end is now being circulated Gelfand Lynch. Francis Rieger and will be introduced in the House today. Klunk Melton Savitt Fineman. May I suggest that those members who wish to sign that Halverson Murtha Schmitt Speaker resolution do so at the close of today's session so that it The majority required by the constitution having voted may immediately be introduced. The resolution is cur­ in the affirmative, the question was determined in the rently in the hands of the Representative from Philadel- 1972. LEGISLATIVE JOURNAL-HOUSE 2599

phia-I believe Mrs. Kelly has the resolution. Is that The term "sale at retail" shall not include (i) any such correct, Mrs. Kelly? Has the resolution been introduced? transfer of tangible personal property or rendition of ser­ vices for the purpose of resale, or (ii) such rendition of The resolution has been introduced. I would ask you services or the transfer of tangible personal property in­ not to line up to sign it now, but at the close of today's cluding, but not limited to, machinery and equipment and session, the desk will be kept open and those who wish parts therefor and supplies to be used or consumed by the to add their names to that resolution may do so. purchaser directly in any of the operations of- * * * (B) Farming, dairying, agriculture, horticulture or flori- REPORT OF COMMITTEE OF CONFERENCE culture when engaged in as a business enterprise. The term "farming" shall include the propa~ation and raising ON HOUSE BILL No. 1063 of ranch raised fur-bearing animals and the propai5ation Mr. IRVIS called up the report of the Committee of of game birds for commercial purposes by holders of propagation permits issuer! under the act of June 3, 1937 Conference on HOUSE BILL No. 1063. (P. L. 1225), known as "The Game Law"; The following report of the Commission of Conference *** was read: Section 2. Clause (p) of section 301 of the act, added AUI;ust 31, 1971 (Act No. 93), is amended to read: To the Members of the Senate and House of Representa­ Section 301. Definitions.-The following words, terms tives: and phrases when used in this article shall have the mean­ ing ascribed to them in this section except where the con­ We the undersigned, Committee of Conference on the text clearly indicates a different meaning. Any reference part ~f the Senate and House of Representatives for the in this article to the Internal Revenue Code shall include purpose of considering House Bill No. 1063, entitled: "An the Internal Revenue Code of 1954, as amended to the date act amending the act of March 4, 1971 (Act No.2), en­ on which this article is effective. titled 'An act relating to tax reform and State taxation * ** by codifying and enumerating certain subjects of taxation (p) "Resident individual" means an individual who is and imposing taxes thereon; providing procedures for the domiciled in this Commonwealth unless he maintains no payment, collection, admini~tra~ion and: enforcement there­ permanent place of abode in this Commonwealth and does of; providing for tax credIts m certam cases; conferrmg maintain a permanent place of abode elsewhere and spends powers and imposing duties up~m.the pe?3;rtment of Rev­ in the aggregate not more than thirty days of the taxable enue certain employers, fidUCIarIeS, IndiVIduals, persons, corp~rations year in this Commonwealth; or who is not domiciled in and other entities: prescribing crimes. offenses this Commonwealth but maintains a permanent place of and penalties' FURTHER DEFINING RESIDENT INDI­ abode in this Commonwealth and spends in the aggregate VIDUAL indluding the propagation of game birds for more than one hundred eighty-three days of the taxable commercial purposes within the term 'farming' AS TO year in this Commonwealth. The term shall not include TAX FOR EDUCATION AND REDEFINING NET GAINS a member of the Armed Forces of the United States of OR INCOME FROM DISPOSITION OF PROPERTY AS America or its allies who is serving in a combat zone. TO INCOME TAX." * ** respectfully submit the following bill as our report: Section 3. Clause (3) of subsection (a) of section 303 of the act, added August 31, 1971 (Act No. 93), is amend­ HENRY J. CIANFRANI ed to read: THOMAS F. LAMB Section 303. Classes of Income.-(a) The classes of T. NEWELL WOOD income referred to above are as follows: (Committee on the part of the Senate.) *** (3) Net gains or income from disposition of property. JOHN HOPE ANDERSON Net gains or net income, less net losses, derived from the W. BRADY HETRICK sale, exchange or other disposition of property, including real or personal, whether tangible or intangible rbut only (Committee on the part of the House of Representatives.) to the extent that the amount of such net gain or income exceeds the taxpayer's actual or attributed base] as de­ An Act amending the act of March 4, 1971 (Act No.2), termined in accordance with accepted accounting princi­ entitled "An act relating to tax reform and State tax- ples and practices. ation by codifying and enumerating certain ~u!:>jects of The term "net gains or income" shall not include gains taxation and imposing taxes thereon; provIdmg pro­ or income derived from obligations which are statutorily cedures for the payment, collection, administration and free from State or local taxation under any other act of enforcement thereof; providing for tax credits in cer­ the General Assembly of the Commonwealth of Penn­ tain cases' conferring powers and imposing duties upon certai~ sylvania or under the laws of the United States. The the Depa;tment of Revenue, employers, fiduci­ term "sale, exchange or other disposition" shall not in­ aries individuals persons, corporations and other en­ crim~s, clude the exchange of stock or securities in a corporation titie;; prescribing .o:!fenses . and l?enalties," fur­ a party to a reorganization in pursuance of a plan of re­ ther defining resident mdividual, I~cludmg the pr:op?-­ organization, solely for stock or securities in such corpora­ gation of game birds for commercial purposes withm tion or in another corporation a party to the reorganiza­ the term "farming" as to tax for education and rede­ tion and the transfer of property to a corporation by one fining net gains or income from disposition of property or more persons solely in exchange for stock or securities as to income tax. in such corporation if immediately after the exchange such The General Assembly of the Commonwealth of Penn­ person or persons are in control of the cornoration. For purposes of this clause, stock or securities issued for ser­ sylvania hereby enacts as follows: vices shall not be considered as issued in return for prop­ Section 1. Subdivision (B) of the second paragraph of erty. subclause (8) of clause (k) of section 201, act of March For purposes of this clause, the term "reorganization" 4, 1971 (Act No.2), known as the "Tax Reform Code of means- 1971" is amended to read: (i) a statutory merger or consolidation; Se'ction 201. Definitions.-The following words, terms (ii) the acquisition by one corporation, in exchange sole­ and phrases when used in ~his ~rticle.II shall have the ly for all or a part of its votini5 stock (or in exchange meaning ascribed to them m this section, except where solely for all or a part of the voting stock of a corporation the context clearly indicates a different meaning: which is in control of the acquiring corporation) of stock *• '" of another corporation if, immediately after the acquisi­ (k) "Sale at retail." tion, the acquiring corporation has control of such other '" ... corporation (whether or not such acquiring corporation (8) '" '" '" had control immediately before the acquisition); 2600 LEGISLATIVE JOURNAL-HOUSE April 4,

(iii) the acquisition by one corporation, in exchange Anderson. J. H. Gallen Letterman Saloom Anderson. S. A. Geesey Lutty Scanlon solely for all or a part of its voting stock (or in exchange Arthurs Geisler Lynch,Frank Scheaffer solely for all or a part of the voting stock of a corporation Barber Gekas Malady Schulze which is in control of the acquiring corporation), of sub­ Bellomlnt Gillette Manbeck Scirica stantially all of the properties of another corporation, but Bennett Gleason Manderino Seltzer in determining whether the exchange is solely for stock Beren Gleeson !J.lartino Semanoff Berkes Good Mastrangelo Shelhamer the assumption by the acquiring corporation of a liability Berson Goodman McClatchy Shelton of the other, or the fact that property acquired is subject Bittle Greenfield McCue Sherman to a liability, shall be disregarded; Bixler Gring McCurd)' Shuman (iv) a transfer by a corporation of all or a part of its Blair Hamilton, J. H. McGraw Shupnik assets to another corporation if immediately after the Bonetto Hamilton. R. K. McMonagle Smith transfer the transferor, or one or more of its shareholders Brunner Harrier Mebus Spencer Burkardt Haskell Meholchick Steele (including persons who were shareholders immediately Butera Hayes. n.s. Miller Stemmler before the transfer), or any combination thereof, is in Caputo Hayes, S.E. Moore Stone control of the corporation to which the assets are trans­ Cessar Hepford Morris Stout ferred; Comer Hetrick Moscrip Sullivan (v) a recapitalization; Coppolino Hill Mullen, M. M. Taylor Coyne Homer Mullen. M. P. Thomas (vi) a mere chan15e in identity, form, or place of orga­ Crawford Hopkins Musto Toll nization however effected; or Crowley Hom Myers Ustynoskl (vii) the acquisition by one corporation, in exchange for Dager Homer Needham Valicentl stock of a corporation (referred to in this subclause as Davis,n.M. Hovis Novak Vann "controlling corporation") which is in control of the ac­ Davis. E. B. Hutchinson O'Brien Walsh Davis, R.O. lrvls O'Connell Wansacz quiring corporation, of substantially all of the properties DeMedio Johnson. G. R. O'Pake Wargo of another corporation which in the transaction is merged Dininnl Johnson. J. J. Pancoast Weidner into the acquiring corporation shall not disqualify a trans­ Dombrowski Jones Parker. B. L. Wells action under subclause (i) if such transaction would have Dorsey Kahle Parker. H. S. Westerberg qualified under subclause (i) if the merger had been into Doyle Katz Perry Williams the controlling corporation, and no stock of the acquiring Dreibelbis Kaufman Pezak Wilson Early Kelly. A. P. Plevsky Wilt. R. W. corDoration is used in the transaction; Eckensberger Kelly, J.B. Prendergast Wllt.W.W. (viii) a transaction otherwise qualifying under subclause Englehart Kennedy Rappaport Woldak (i) shall not be disqualified by reason of the fact that Fawcett Kester Renninger Worrllow stock of a corporation (referred to in this subclause as the Fee Kistler Renwick Wright "controlling corporation") which before the merger was in Fenrlch Klepper Reynolds Yahner Fischer Knepper Ritter Yohn control of the merged corporation is used in the trans­ Fool' Kolter Rowe Zearfoss action, if after the transaction, the corporation surviving Foster Kowalyshyn Ruane Zeller the merger holds substantially all of its properties and of Fox Kury Ruggiero Zimmerman the properties of the merged corporation (other than stock Frank Laudadlo Rush Zord of the controlling corporation distributed in the trans­ Frankenburg action); and in the transaction, former shareholders of the surviving corporation exchanged, for an amount of NAY8-0 voting stock of the controlling corporation, an amount of stock in the surviving corporation which constitutes con­ NOT VOTING-17 trol of such corporation. For purposes of this clause, the term "control" means Allen. W. W. Lederer Piper Wise the ownership of stock possessing at least eighty per cent Gelfand Lynch. Francis Rieger Halverson Melton Savitt Fineman, of the total combined voting power of all classes of stock Klunk Murtha Schmitt Speaker entitled to vote and at least eighty per cent of the total LaMarca O'Donnell Shane number of shares of all other classes of stock of the cor­ poration. The majority required by the constitution having voted For purposes of this clause, the term "a party to a re­ organization" includes a corporation resulting from a in the affirmative, the question was determined in the reorganization, and both corporations, in the case of a affirmative and the report of the Committee of Confer­ reorganization resulting from the acquisition by one corpo­ ence was adopted. ration of stock or properties of another. In the case of Ordered, That the clerk inform the Senate accordingly. a reorganization qualifying under subclause (i) by reason of subclause (vii) the term "a party to a reorganization" includes the controlling corporation referred to in such subclause (vii). Notwithstanding any provisions hereof, upon every such QUESTION OF PERSONAL PRIVILEGE exchange or conversion, the taxpayer's base for the stock or securities received shall be the same as the taxpayer's The SPEAKER pro tempore. The Chair recognizes the actual or attributed base for the stock, securities or proper­ gentleman from Philadelphia, Mr. Lederer. For what ty surrendered in exchange therefor. purpose does the gentleman rise? *** Section 4. This act shall take effect immediately. The Mr. LEDERER. I rise to a question of personal privil­ amendments to section 303 made by this act shall be retro­ ege. active to the effective date of Article III of the act (relat­ The SPEAKER pro tempore. The gentleman will state ing to personal income tax), added August 31, 1971 (Act No. 93). it. Mr. LEDERER. Mr. Speaker, when the vote was taken On the question, on House bill No. 1063, printer's No. 2699, the report of Will the House adopt the report of the Committee of the committee of conference, I was holding a meeting of Conference? the task force which is meeting in Philadelphia this Friday morning. Agreeable to the provisions of the constitution, the yeas and nays were taken and were as follows: Had I been present to cast my vote, I would like to be recorded in the affirmative on that conference committee YEA8-185 report. The SPEAKER pro tempore. The gentleman's remarks Alexander Fryer Lee Ryan Allen. F. lIIL Gallagher Lelu" Rybak will be spread on the record. 1972. LEGISLATIVE JOURNAL-HOUSE 2601

REPORT OF COMMITTEE OF CONFERENCE (6) "Department" means the Department of Community Affairs. ON HOUSE BILL No. 1236 (7) "Person" means a person, partnership, company, corporation, or association engaged in manUfacturing or Mr. IRVIS called up the report of the Committee of selling mobile homes. Conference on HOUSE BILL No. 1236. (8) "Political. subdivision" means any county, city, bor­ The following report of the Committee of Conference ough, incorrorated town, townshiu, or any similar general purpose unit of government which may be created by the was read: General Assembly with authority to establish standards To the Members of the Senate and House of Representa­ and requirements applicable to the construction, installa­ tives: tion, alteration and repair of buildings. Section 3. Establishment of Uniform Standards Code.­ We the undersigned, Committee of Conference on the (a) The body and frame design and construction of mob;le part ~f the Senate and House of Repre~entatives for the homes and all nlumbing, heating. and e'ectrical systems purpose of considering House Bill No. 1236, entitled: "An installed in mobile homes manufactured more than six act estab'ishing a uniform standards code auproved by the months after the effective date of this act and sold or United States of America Standards Institute for the body offered for sale in this Commonweal.th shan meet the and frame design and construction and the installation of standards auproved by the United States of America plumbing, heating, and electrical systems in mobile homes; Standards Institute or its successor for the body and requiring a rermit to be issued by the Denartment of C0n;t­ frame design and construction, and installation of plumb­ munity Affairs to mobile home manufacturers engaged In ing, heating and e'ectrical gvstems in mobile homes, said business in this Commonweal.th; requiring mobile homes standards being known as USAS A-119.1-1969 and NFPA to bear a seal issued by the Deuartment of Community 501B-1968, approved January 27, 1969. Affairs; providing for enforcement and penalties; and (b) The department may adoDt and nromulgate regu­ providing for a Mobile Home Standards Advisory Com­ lations which clarify and suunlement the standards re­ mission." ferred to in sub~ection (a) of this section. If the code, or respectfully submit the following bill as our report: any section. part or provision thereof, is changed, altered, or amended, the department may adopt and promu'gate WILLTAM G. SESLER regulations which are reasonabl.y consistent with or identi­ WILMOT E. FLEMING cal to the Code, as changed, altered or amended. The de­ partment shall adoDt such other regulations as are neces­ (Committee on the part of the Senate.) sary to carry out the provisions of this act, including regu­ lations to be adopted within four months of the effective K. LEROY IRVTS date of this act which set forth the manner in which the HARRY A. ENGLEHART, .IE. permit required by subsection (a) of section 5 of this RUDOLPH DININNI act is to be obtained. However, no portion of this act, or (Committee on the part of the House of Representatives.) code. or rules and regulations adopted, amended, or re­ pealed as provided herein, which limits the work to be An Act e<:tablishing a uniform standards code anproved rerformed to any type of construction contractor, or manu­ by the United States of America Standards Institute for facturer, or labor or mechanic classification, or materials, the body and frame design and construction and the in­ shall be enforceable by the department. stallation of plumbing, heating, and electrical systems (c) The department shall hold public hearings on the in mobile homes; requiring a permit to be issued by regulations proposed to be adopted, amended or renealed; the DeDartment of Community Affairs to mobile home said hearings, and all hearings required under this act manufacturers engaged in business in this Common­ shall be consistent with the provisions of the act of June wealth; requiring mobile homes to bear a seal issued by 4, 1945 (P. L. 1388), known as the "Administrative Agency the DeDartment of Community Affairs; providing for Law," and the act of July 31, 1968 (Act No. 240), known enforcement and penalties; and providing for a Mobile as the "Commonwealth Documents Law." The regulations Home Standards Advisory Commission. adoDted pursuant to this act shall not be effective unless their adontion is in accordance with the provisions of the The General Assembly of the Commonwealth of Penn­ act of July 31, 1968 (Act No. 240), known as the "Com­ sylvania hereby enacts as follows: monweal.th Documents Law." Section 1. Short Title.-This act shall be known and Section 4. Effect of Code.-(a) Except in cases of water­ may be cited as the "Uniform Standards Code for Mobile line connections to their main source of supply; sewer Homes." drainage line connections to main sewers or cesspools; or Section 2. Definitions.-As used in this act: electrical line connections to their main source of power a (1) "Mobile home" means a transportab'e, single. fam­ mobile home bearing a seal affixed pursuant to the re­ ily dwelling intended for permanent occupancy, offIce or quirements of this act shall be deemed to comply with all place of assembly contained in one unit, 01' in two units ordinances, regulations, or building codes, or special local designed to be joined into one integrCl;1. unit ~apabl~ of requirements enacted by the Commonwealth or any politi­ again being separated for re-ceated towmg, WhICh arnves cal subdivision thereof applicab'e to the body and frame at a site complete and ready for occupancy except for design and construction, and installation of plumbing, heat­ minor and incidental unpacking and assembly operations, ing and electrical systems within and inclUding the ex­ and constructed so that it may be used without a per­ terior walls of the mobile home. manent :(oundation. (b) Nothing in this act shall be construed as amending (2) "Code" means the uniform standards code that or rerealing any of the provisions of the act of April 27, meets the standards auproved by the United States of 1927 (P. L. 465), entitled, as amended, "An act to provide America Standards Institute or its successor, the American for the safety of persons employed, housed, or assembled National Standards Institute set up for mobile homes for in certain buildings and structures not in cities of the first the body and frame design and construction and the in­ class, second class, and second class A, by requiring cer­ stallation of the electrical, plumbing and heating systems. tain construction and ways of egress, equipment, and main­ (3) "Seal" means a device or insignia issued by the tenance; providing for the licensing of projectionists, ex­ Department of Community Affairs, to be displayed on the cept in cities of the first class and second cl.ass; requiring exterior of the mobi'e home in such manner as shall be the submission of plans for examination and approval; pro­ designated .by department regulations. viding for the promulgation of rules and regulations for (4) "Dealer" means a person who is defined as a "new the enforcement of this act; providing for the enforce­ mobile home dealer" or "used mobile home dealer" as ment of this act by the DeDartment of Labor and Industry those terms are defined in section 102 of "The Vehicle and, in certain cases, by the chiefs of fire deuartments in Code." cities of the third class; providing penalties for violations (5) "Manufacturer" means any person engaged in the of the provisions of this act; and repealing certain acts." business of manufacturing mobile homes as defined herein. (c) Nothing in this act shall be construed as amending, 2602 LEGISLATIVE JOURNAL-HOUSE April 4, repealing or superseding any local zoning ordinance, sub­ knowledgeable in the fields of mobile home manufactur­ division regulation or locally adopted land development ing, marketing and use. The department shall consult with code, regulation or ordinance. and obtain advice of the commission in the drafting and Section 5. Issuance of Permit and Seals.-(a) Any man­ promulgation of rules and regulations to be adopted in ac­ ufacturer within or without this Commonwealth shall cordance with this act. The commission shall consist of apnly to the department for a rermit to affix fea1.s to nine members, appointed by the Governor by and with the mobile homes intended for sale in this Commonwealth and advice and consent of two-thirds of all the members of the shall comnly with the regulations regarding the obtaining Senate. The members initially appointed shall serve for of a permit adopted pursuant to subsection (b) of section the following terms: three members for a term of one 3. year, three members for a term of two years and three (b) Seals for affixation to a mobile home shall be issued members for a term of three years. The particular term of to a manufacturer holding a permit, upon the manufac­ each member shall be designated by the Governor at the turer's certification that any mobile home to which a se'll time of appointment. The terms of all their successors is to be affixed will be built at least eoual to the code shal.l be three years each, except that any person appointed standards and regulations, if anv, referred to in section 3. to fIll a vacancy shall serve only for the unexpired term. Section 6. Seal Required; Violations.-(a) No person Every member's term shall extend until his successor is may sell or offer for sale in this Commonwe'llth any mo­ appointed and qualified. Any member shall be eligible bile home manufactured more than six months following for reappointment. The members shall not receive com­ the effective date of this act unless it bears a seal that pensation for their services as members, but shall receive such mobile home meets or exceed., the code standards and reimbursement for all necessary expenses incurred in con­ regulations, if any, established by this act, which seal nection with the performance of their duties as members. shall be displayed in the manner prescribed by the de­ The d~p~rtment may supply such staff as requested by the partment. commlSSlOn. (b) No person may affix a seal to any mobile home Section 11. Effective Date.-This act shall take effect which dops pot meet or exceed the requirf'mpnts of tl-te immediately. code standards and regulations, if any, established in this act. On the question, (c) Any dealer, owner, or other person in possession of Will the House adopt the report of the Committee of a mobile home which does not bear a seal may make au­ Conference? plication to the department for an inspection of the mobile home by an inspector of the department who shall there­ The SPEAKER pro tempore. The Chair recognizes the UYlon issue a seal for such unit upon finding that it com­ plies with the regulations promulgated hereunder and tl-te gentleman from Allegheny, Mr. Early. department may establish a reasonable inspection fee for Mr. EARLY. Mr. Speaker, I rise to oppose the confer­ the fu-..nishing of such service. ence.report on this particular bill basically because I think (d) The provisions of this section shall not apnly to the the wording here, not the intent, is going to get a lot of manufacture or sale of m0bile homes d~signa~ed for de­ livery and use outside the Commonwealth. us into big trouble. (e) A seal issued by the department shall not be re­ I am extremely afraid that what we are involved in is a quired on a mobile home bearing a seal issued by another matter of someone building a trailer, a mobile home, a state under regulations found by the department to be con­ sistent with the regu1.ations promulgated hereunder. The modular home, whatever the term may be, next to some­ department, upon request, shall furnish a current list of one who has a $40,000 or $50,000 home and, needless to states to which this subsection applies. say, it will devaluate the existing community. Section 7. Fees.-The department shall establish a schedule of fees reasonably related to the cost incurred I would like to make reference to the exact wording in by the department in the administration and enforcement this bill. It does state on page 4, line 21, "Nothing in this of this act. act shall be construed as amending, repealing or super­ Section 8. Administration of Act.-(a) The department seding any local zoning ordinance, subdivision regulation is hereby charged with the administration of this act. It shall have the power to make and amend, alter or repeal or locally adopted land development code, regulation or the regulations referred to in section 3 and also regula­ ordinance." I think this is exactly what we would like to tions of procedure for carrying into effect any provis'on of see in here. this act, and to prescribe means, methods, and practice to make effective such provisions. The department is hereby Unfortunately, Mr. Speaker, it also states in this bill on authorized to enter into interdepartmental agreements for page 3, section 4, "Effect of Code.-(a) Except in cases of the purnoses of administration of this act. waterline connections to their main source of supply; sewer (b) The department, through its authorized representa­ drainage line connections to main sewers or cesspools; or tives, may enter any place or establishment wher'e mobile homes are manufactured, sold, or offered for sale, for the electrical ... connections to their main source of power a purpose of ascertaining whether the requirements of this mobile home"-and I would appreciate it if everyone act and the regulations of the department have been met. would listen to this one point. I do not mean to delay (c) No person may interfere, obstruct or hinder an au­ today's session. I am sure everyone would like to go thorized representative of the department in the perform­ ance of his duty as set forth in the provisions of this act. home, but I think the one word in here is extremely im­ Section 9. Penalties.-(a) Any person who violates or portant. It says, "... a mobile home bearing a seal fails to comply with this act shall be given certified mail affixed pursuant to the requirements of this act shall be notice by the department and instructed to correct the deemed to comply with all"-and I emphasize "all"-"or­ violation within a time prescribed by the department. dinances, regulations, or building codes, or special local Should the person fail to make the necessary correction he shall be guilty of a misdemeanor and, upon conviction requirements enacted by the Commonwealth or any polit­ thereof, shall be sentenced to pay a fine of not less than ical subdivision thereof applicable to the body and frame one hundred dollars ($100) nor more than five hundred design and construction"-and construction is certainly dollars ($500), or undergo imprisonment not exceeding body and frame design-"and installation of plumbing, six months, or both. A violation as to each separate mo­ bile home shall constitute a separate offense. heating and electrical systems within and including the (b) The department, after notice and hearing, may re­ exterior walls of the mobile home." voke the permit of a manufacturer who violates the pro­ I think the two sections are in disagreement with each visions of this act. other. I am afraid if we do pass this bill as it stands, we Section 10. Mobile Home Standards Advisory Commis­ sion.-The department shall establish a Mobile Home are going to be caught with a bill that certainly is con­ Standards Advisory Commission consisting of persons flicting. I am afraid we are going to ~ave mobile homes, 1972. LEGISLATIVE JOURNAL-HOUSE 2603 modular homes, in areas where we have $40,000 and $50,­ The SPEAKER pro tempore. The gentleman will state it. 000 homes and in no way will your local community be Mr. O'PAKE. Thank you, Mr. Speaker. able to keep them out. I voted in error on the conference report on House bill Mr. Speaker, because of these reasons, I ask for a "no" No. 1236. I wish to be recorded in the affirmative. vote on this. The SPEAKER pro tempore. The gentleman's remarks will be spread on the record. On the question recurring, Will the House adopt the report of the Committee of Conference? REPORT OF COMMITTEE OF CONFERENCE ON HOUSE BILL No. 1237 Agreeable to the provisions of the constitution, the yeas and nays were taken and were as follows: Mr. IRVIS called up the report of the Committee of Conference on HOUSE BILL No. 1237. YEAS-146 The following report of the Committee of Conference Alexander Gallagher Kury Ruane was read: Allen.F.M. Gallen Lee Ruggiero Anderson. J. H. Geesey Lehr Rush Anderson. 5. A. Geisler Lutty Ryan To the Members of the Senate and House of Representa­ Arthurs Gekas Malady Rybak tives: Barber Gillette Manbeck Scanlon Bennett Gleason Manderino Scheaffer We, the undersigned, Committee of Conference on the Beren Gleeson Martino Schulze part of the Senate and House of Representatives for the Berkes Good Mastrangelo Scirlca purpose of considering House Bill No. 1237, entitled: "An Berson Goodman McClatchy Seltzer Bitlle Gring McCue Semanoff act regulating the sale of certain structures made, fabri­ Bixler Hamilton. J. H. McCurdy Shelhamer cated, formed or assembled in manufacturing facilities and Bonetto Hamilton. R. K. McGraw Shelton providing penalties." Burkardt Harrier McMonagle Sherman Butera Haskell Mebus Shupnik respectfully submit the following bill as our report: Caputo Hayes. D. S. Miller Smith Cessar Hayes. S.E. Moore Spencer WILLIAM G. SESLER CoppolIno Hepford Morris Stone WILMOT E. FLEMING Coyne Hetrick Moscrip Thomas Crawford Hill Mullen. M. M. Toll (Committee on the part of the Senate.) Crowley Homer Mullen. M. P. Ustynoskl Dager Homer Musto VaJicenj;i K. LEROY IRVIS Davls.E. B. Hovis Needham Vann HARRY A. ENGLEHART, JR. Davls.R.O. Irvis Novak Wansacz D1nlnni Johnson, G. R. O'Brlen Wargo RUDOLPH DININNI Dorsey Johnson. J. J. O'Connell Wells Doyle Jones Pancoast Westerberg (Committee on the part of the House of Representatives.) Dreibelbis Kahle Parker. B. L. Williams Englehart Katz Parker. H. S. Wilson An Act regulating the sale of certain structures made, Fawcett Kaufman Perry Wilt. R. W. fabricated, formed or assembled in manufacturing facil­ Fee Kelly. A. P. Prender/(ast Wilt. W. W. ities and providing penalties. Foor Kelly. J. B. Rappaport Wojdak Foster Kennedy RenningeI' Worrilow The General Assembly of the Commonwealth of Penn­ Fox Kester Reynolds Yohn sylvania hereby enacts as follows: Frank Kistler Ritter Zearfoss Frankenburg Knepper Rowe Zimmerman Section 1. Short Title.-This act shall be known and Fryer Kolter may be cited as the "Industrialized Housing Act." NAYS-38 Section 2. Findings and Declarations of Policy.-It is hereby determined and declared as a matter of legislative Bellomlnl Greenfield Myers Stout finding that: Blair Hopkins O'Pake Sullivan (1) An adequate supply of safe and sanitary housing is Brunner Horn Pezak Taylor fundamental to the health, safety and welfare of the peo­ Comer Hutchinson Pievsky Walsh Davis. D.M. Klepper Renwick Weidner ple of Pennsylvania. DeMedlo Kowalyshyn Salaam Wright (2) There exists in the Commonwealth a shortage of Dombrowski Laudadlo Shuman Yahner safe and sanitary housing. Early Letterman Steele Zeller (3) The production of housing using new and improved Eckensberger Lynch. Frank Stemmler Zord technology, techniques, methods and materials could lead Fischer Meholchlck to an increase in the available supply of safe and sanitary NOT VOTING-18 housing. (4) Building and related codes of the communities Allen.W.W. LaMarca O'Donnell Shane within the Commonwealth, as enacted and applied, are not Fenrlch Lederer Piper Wise uniform and impede the utilization of new and improved Gelfand Lynch. Francis Rieger technology, techniques, methods and materials in the pro­ Halverson Melton Savitt Fineman. Murtha Schmitt Speaker duction of housing. Klunk (5) To facilitate the use of industrialized housing in the The majority required by the constitution having voted Commonwealth and to safeguard the health, safety and in the affirmative, the question was determined in the welfare of citizens of the Commonwealth, there is a need for uniform State standards and procedures for the iden­ affirmative and the report of the Committee of Conference tification, inspection of manufacture and assembly, and was adopted. certification of industrialized housing and those compo­ Ordered, That the clerk inform the Senate accordingly. nents forming integral parts of housing structures for use in any and all communities in the Commonwealth. (6) As standards for performance of industrialized QUESTION OF PERSONAL PRIVILEGE housing and housing components are developed and adopted by the United States Department of Housing and Urban The SPEAKER pro tempore. The Chair recognizes the Development, other states, and the Commonwealth of gentleman from Berks, Mr. O'Pake. For what purpose Pennsylvania, reciprocity in the recognition of certifica­ tion of such industrialized housing and housing comro­ does the gentleman rise? nents will benefit both producers of industrialized housing Mr. O'PAKE. I rise to a question of personal privilege. and housing consumers in the Commonwealth. 2604 LEGISLATIVE JOURNAL-HOUSE April 4,

(7) While recogmzmg that mobile homes constitute a (d) All industrialized housing or housing components category of industrialized housing, it is further recognized manufactured prior to the effective date of the duly pro­ that mobile homes differ in characteristics of sufficient sig­ mulgated rules and regulations adopted by the department nificance that they should be certified separately by the pursuant to section 5 of this act and not carrying the Commonwealth from other categories of industrialized insignia of certification may be sold, leased or installed in housing to be used in the Commonwealth. any municipality of the Commonwealth subject to any and Section 3. Definitions.-As used in this act: all local ordinances, regulations, building codes, and spe­ (1) "Certification" means conforming to the rules and cial local requirements. regulations of the department. (e) Except in cases of waterline connections to their (2) "Department" means the Department of Community main source of supply; sewer drainage line connections to Affairs of the Commonwealth of Pennsylvania. main sewers or cesspools; or electrical line connections to (3) "Housing component" means any major manufac­ their main source of power, all industrialized housing or tured subsystem or subassembly, designed for use as an housing components bearing an insignia of certification integral component part of a structure designed for resi­ pursuant to the requirements of this section shall be dential occupancy. deemed to comply with the requirements of all building (4) "Industrialized housing" means any structure de­ and related codes and ordinances enacted by any local signed primarily for residential occupancy which is wholly government of the Commonwealth thereof applicable to or in substantial part made, fabricated, formed or assem­ housing and/or home building in construction, plumbing, bled in manufacturing facilities for installation, or as­ heating, electrical, and other related codes pertaining to sembly and installation, on the building site; however, for such construction, and equipment contained within and the purposes of this act, that category of housing units including the exterior walls of such industrialized housing. defined as mobile homes is excluded from this definition. (f) No industrialized housing or housing components (5) "Installation" means the assembly of industrialized bearing a department insignia of certification pursuant to housing on site and the process of affixing industrialized subsections (a) and (b) of this section shall be in any housing or housing components to land, a foundation, foot­ way modified prior to or during installation unless modi­ ings, utilities or an existing building. fication is permitted by the duly promulgated rules and (6) "Local government" means any county, city, bor­ regulations adopted by the department pursuant to sec­ ough, incorporated town, township, or any similar general tion 5 of this act. purpose unit of government which may be created by the (g) No provision of this act shall apply to industrialized General Assembly with authority to establish standards housing or housing components installed on any site in and requirements applicable to the construction, installa­ the Commonwealth of Pennsylvania prior to the adoption tion, alteration and repair of buildings. of this act. (7) "Local enforcement agency" means the agency or (h) Nothing in this act shall be construed as amending agencies of local government with authority to make in­ or repealing any of the provisions of the Fire and Panic spections and to enforce the laws, ordinances and regula­ Act or its application to building construction or use or tions enacted by the State and by local governments that occupancy. establish standards and requirements applicable to the con­ struction, alteration or repair of buildings. (i) Nothing in this act shall be construed as amending, (8) "Manufacture" means the process of making, fabri­ repealing or superseding any local zoning ordinance, sub­ cating, constructing, forming or assembling a product from division regulation, or any related locally adopted land raw, unfinished or semi-finished materials. development code, regulation or ordinance. (9) "Manufacturing facilities" means the place or places Section 5. Promulgation of Rules and Regulations by at which machinery, equipment and other capital goods the Department.-(a) The department, in consultation with are assembled and operated for the purpose of making, the Industrialized Housing Advisory Commission shall pro­ fabricating, constructing, forming or assembling indus­ mulgate rules and regulations to interpret and make spe­ trialized housing or housing components. cific the provisions of this act. Such rules and regulations (10) "Mobile home" means every structure defined as a adopted, amended, repealed and substituted from time to "mobile home" in section 2 of the Uniform Standards Code time pursuant to this section shall assure the health, safety for Mobile Homes. and welfare of the people of Pennsylvania by requiring (11) "Person" means any individual or organized group safe and sanitary industrial housing and shall include of any character, including partnerships, corporations and provisions imposing requirements reasonably consistent other forms of association, as well as Federal, State or with recognized and accepted model codes. The depart­ local instrumentalities, political subdivisions or officers ment shall adopt such other rules and regulations as are thereof. necessary to carry out the provisions of this act. Such (12) "Site" means the entire tract, subdivision, or parcel rules and regulations shall be consistent with the act of of land on which industrialized housing is installed. June 4, 1945 (P. L. 1388), known as the "Administrative Section 4. Regulations, Insignia of Certification Re­ Agency Law." No portion of this act or any code, or quired.-(a) No person may sell, lease or install for use in rules and regulations adopted, amended, repealed or sub­ the Commonwealth of Pennsylvania any industrialized stituted as provided herein, which limits the work to be housing or housing components manufactured after the performed to any type of construction contractor, or labor effective date of the duly promulgated rules and regula­ or mechanic classification shall be adopted or enforceable tions adopted by the department pursuant to section 5 of by the department. this act unless such industrialized housing or housing com­ (b) The department shall hold public hearings on rules ponents bear insignia of certification issued by the depart­ and regulations proposed to be promulgated, amended, or ment. The prohibition on installation shall not apply to repealed, consistent with the provisions of the act of the installation of industrialized housing units or housing June 4, 1945 (P. L. 1388), known as the "Administrative components intended for prototype, experimental, or dem­ Agency Law," and the act of July 31, 1968 (Act No. 240), onstration purposes in or on a site designated as a test known as the "Commonwealth Documents Law." facility, except that such units shall not be sold or leased Section 6. Recognition of Certification of Other States unless they bear insignia of certification issued by the or the Federal Government.-The department may issue department. insignia of certification to industrialized housing or housing (b) The department is hereby authorized to enter into components that have been certified by the United States interdepartmental agreements for the purposes of adminis­ Department of Housing and Urban Development or com­ tration of this act. petent authority within other states if the department finds (c) The department may issue insignia of certification that such certification is granted on the basis of standards to any industrialized housing or housing components man­ substantially equivalent to the provisions promulgated ufactured prior to the effective date of the duly promul­ under section 5 of this act. gated rules and regulations adopted by the department Section 7. Fees.-The department shall establish a pursuant to section 5 of this act if such industrialized schedule of fees reasonably related to the cost incurred by housing or housing components comply with the standards the department to pay for the administration and enforce­ established by such rules and regulations. ment of this act. 1972. LEGISLATIVE JOURNAL-HOUSE 2605

Section 8. Establishment of an Industrialized Housing tion may be sold, leased or installed in any municipality Advisory Commission.-There is hereby established an In­ of the Commonwealth subject to any and all local ordi­ dustrialized Housing Advisory Commission. The depart­ ment shall consult with and obtain advice of the Indus­ nances, regulations, building codes, and special local re­ trialized Housing Advisory Commission in the drafting and quirements." promulgation of rules and regulations to be adopted in What this is saying, Mr. Speaker, is that any mobile accordance with section 5 of this act. The commission home built prior to the effective date of this particular shall consist of fifteen members appointed by the Governor by and with the advice and consent of two-thirds of the House bill is then subject to local codes, ordinances and members of the Senate. The members initially appointed regulations. That is what it is basically saying, but it also shall serve for the following terms: five members for a says that any mobile home that receives the seal is also term of one year, five members for a term of two years subject to the same requirements. Basically, Mr. Speaker, and five members for a term of three years. The partic­ I say the two sections are in direct conflict. ular term of each member shall be designated by the Governor at the time of appointment. The terms of all Section 11 of this same House bill gives injunctive relief. their successors shall be three years each, except that any It reads, "The department may obtain injunctive relief person appointed to fill a vacancy shall serve only for the from the Commonwealth Court of Pennsylvania to enjoin unexpired term. Every member's term shall extend until the sale, lease, delivery or installation of industrialized his successor is appointed and qualified. Any member of the commission shall be eligible for reappointment. The housing upon an affidavit specifying the manner in which members of the commission shall not receive compensation the housing does not conform to the requirements of this for their services as members, but shall receive reimburse­ act or to rules and regulations issued pursuant hereto." ment for all necessary expenses incurred in connection This means, Mr. Speaker, that by this particular bill, we with the performance of their duties as members. The department may supply such staff as requested by the are giving someone who wants to build a mobile home commission. injunctive relief. Section 9. Appeals.-(a) The department shall promul­ I ask, Mr. Speaker, for a "no" vote on this particular gate rules pertaining to the hearing of appeals. conference report. (b) The department shall hear appeals brought by any person regarding the application or interpretation of any Thank you. rule or regulation promulgated by the department under this act. On the question recurring, Section 10. Variances.-The department may grant var­ Will the House adopt the report of the Committee of iances from the duly promulgated rules and regulations Conference? when it appears that such requested variances do not im­ pair the health, safety and welfare of consumers and when Agreeable to the provisions of the constitution, the yeas such requested variances have been reviewed and ap­ proved by the Industrialized Housing Advisory Commis­ and nays were taken and were as follows: sion. Section 11. Injunctive Relief.-The department may ob­ YEAS-149 tain injunctive relief from the Commonwealth Court of Pennsylvania to enjoin the sale, lease, delivery or installa­ Alexander Frankenburg Knepper Ritter Allen. F. M. FryE' Kolter Ruane tion of industrialized housing upon an affidavit specifying Anderson. J. H. Gallagher Kury Ruggiero the manner in which the housing does not conform to the Anderson. S. A. Gallen Lee Rush requirements of this act or to rules and regulations issued Arthurs Geesey Lehr Ryan pursuant hereto. Barber Geisler Lutty Rybak Section 12. Penalties.-Whoever violates any provision Bellomlnl Gekas Malady Savitt of this act is guilty of a misdemeanor, and upon convic­ Bennett Gillette Manbeck &canlon Beren Gleason Manderino Scheaffer tion thereof, shall be sentenced to pay a fine not exceeding Berkes Gleeson Martino Schulz/) five hundred dollars ($500), or undergo imprisonment not Berson Good Mastrangelo Scirica exceeding six months, or both. Bittle Goodman McClatchy Semanoff Section 13. Effective Date.-This act shall take effect Bixler Gring McCue ~helhamer immediately. Bonetto Hamilton. J. H. McCurdy Shelton Burkardt Hamilton, R. K. McGraw Sherman On the question, Butera Harrier McMonagle Shupnik Caputo HaRkell Mebus Smith Will the House adopt the report of the Committee of Cessar Hayes. D. S. Meholchick Spencer Conference? Coppolino Hayes. S.E. Miller Stone Coyne Hepford Moore Thomas Crawford Hetrick Morris Toll The SPEAKER pro tempore. The Chair recognizes the CrOWley Hill Moscrip Ustynoskt gentleman from Allegheny, Mr. Early. Dager Homer Mullen. M. M. Valicentl Davis.E.B. Horner Mullen. M. P. Vann Mr. EARLY. Mr. Speaker, again I rise to oppose the Davis, R.O. Hovis Musto Wansacz conference report on House bill No. 1237. Dinlnnl Irvls Needham Wargo Dombrowski Johnson. G. R. Novak Wells I am optimistic though I must say, Mr. Speaker. The Dorsey Johnson, J. J. O'BrIen Westerberg last time I took the microphone I received 17 votes. Now Doyle Jones O'Connell Wllliams Dreibelbis Kahle Pancoast Wilson I am up to 38. Perhaps I will do a little better on this one. B:nglehart Katz ParkeI', B. L. Wilt. R. W. I would like to read again from page 5: "Nothing in this Fawcett Kaufman Parker. H. S. Wilt. W. W. Fee Kelly, A. P. Perry Wojdak act shall be construed as amending, repealing or super­ F'enrich Kelly. J.B. Prendergast Worrllow seding any local zoning ordinance, subdivision regulation, Foor Kennedy Rappaport Yohn Fostel'l Kester Renninger Zearfoss or any related locally adopted land development code, Fox Kistler Reynolds Zimmerman regulation or ordinance." Frank Again, Mr. Speaker, I believe this bill is conflicting. If NAYS-37 you will turn to page 4, line 28, it states, "All industri­ alized housing or housing components manufactured prior Blalr Hom Pezak Stout Brunner Hutchinson Pievsky Sullivan to the effective date of the duly promulgated rules and Comer Klepper Renwick Taylor regulations adopted by the department pursuant to sec­ Davis. D.Il!. Kowalyshyn Rowe Walsh DeMedlo Laudadlo Saloom Weidner tion 5 of this act and not carrying the insignia of certifica- Early Letterman Seltzer Wright 2606 LEGISLATIVE JOURNAL--HOUSE April 4,

Eckensberger Lynch. Frank Shuman Yahner ity involved in proceedings relating to the adoption and Fischer Myers Steele Zeller repeal of optional forms of government. Greenfield O'Pake Stemmler Zord "Governing body" or "municipal council" or "council" Hopkms means boards of county commissioners, city councils, bor­ NOT VOTING-16 ough or incorporated town councils, commissioners of townships of the first class, and supervisors of townships Allen. W. W. Lederer Piper Wise of the second class as their successor forms of government. Gelfand Lynch. Francis Rieger "Home rule charter" means a written document defining Halverson Melton Schmlt't Fineman. the powers, the structure, privileges, rights and duties of Klunk Murtha Shane Speaker the municipal government and limitations thereon. The LaMarca O'Donnell charter shall also provide for the composition and election of the governing body, which in all cases shall be chosen The majority required by the constitution having voted by popular elections. in the affirmative, the question was determined in the "Local municipality" means a city, borough, incorporated affirmative and the report of the Committee of Conference town or township. was adopted. "Municipality" means a county, city, borough, incor­ porated town or township. Ordered, That the clerk inform the Senate accordingly. "Optional forms" means a general description including both home rule charters and optional plans. "Optional plans" means optional municipal powers, pro­ REPORT OF COMMITTEE OF CONFERENCE cedures and administrative structures as provided by this ON SENATE BILL No. 752 act. Mr. IRVIS called up the report of the Committee of ARTICLE II Conference on SENATE BILL No. 752. PROCEDURE FOR ADOPTION OF A HOME RULE The following report of the Committee of Conference CHARTER OR OPTIONAL PLAN was read: OF GOVERNMENT A. Government Study Commission To the Members of the Senate and House of Representa­ tives: Section 201. (a) Whenever authorized by ordinance of the governing body, or upon petition of the registered We, the undersigned, Committee of Conference on the voters of any municipality to the county board of electors part of the Senate and House of Representatives for the of the county wherein the municipality is located, an elec­ purpose of considering Senate Bill No. 752, entitled: "An tion shall be held in the municipality upon one of the act GIVING MUNICIPALITIES THE RIGHT AND following questions: POWER TO ADOPT HOME RULE CHARTERS OR ONE OF SEVERAL OPTIONAL PLANS OF GOVERNMENT (1) "Shall a government study commission of (seven, AND TO EXERCISE THE POWERS AND AUTHORITY nine or eleven) be elected to study the charter and form OF LOCAL SELF-GOVERNMENT SUBJECT TO CER­ of government of the municipality, to study and consider TAIN RESTRICTIONS AND LIMITATIONS; PROVID­ the advisability of adoption of an optional form of govern­ ING PROCEDURES FOR SUCH ADOPTION AND DE­ ment and to recommend whether or not an optional plan FINING THE EFFECT THEREOF." of government should be adopted." (2) "Shall a government study commission of (seven, respectfully submit the following bill as our report: nine or eleven) be elected to study the charter and form of government of the municipality, to study and draft a PAUL W. MAHADY home rule charter and to recommend whether or not STANLEY M. NOSZKA a home rule charter should be adopted." CLARENCE F. MANBECK (3) "Shall a government study commission of (seven, nine or eleven) be elected to study the charter and plan (Committee on the part of the Senate.) of government of the municipality, to study and consider JOSEPH F. BONETTO the advisability of adoption of an optional plan of govern­ SAMUEL RAPPAPORT ment or a home rule charter and to recommend whether KENNETH B. LEE or not an optional form of government or a home rule charter should be adopted." (Committee on the part of the House of Representatives.) The petition calling for such election shall be in the form required by subsection (b) hereof, and shall be An Act giving municipalities the right and power to adopt signed by electors of the municipality comprising five per home rule charters or one of several optional plans of cent of the number of electors voting for the Office of government and to exercise the powers and authority Governor in the last gubernatorial general election within of local self-government subject to certain restrictions the municipality. and limitations; providing procedures for such adoption Within five days after the final enactment of an ordi­ and defining the effect thereof. nance authorizing such election, the municipal clerk or The General Assembly of the Commonwealth of Penn­ secretary shall file a certified copy of the ordinance with sylvania hereby enacts as follows: the county board of elections, together with a copy of the question to be submitted to the electors. At the next mu­ nicipal or general or primary election occurring not less ARTICLE I than sixty days after the filing of the ordinance or the PRELIMINARY PROVISION petition with the county election board, it shall cause the appropriate question above stated to be submitted to the Section 101. This act shall be known and may be cited electors of the municipality as other questions are sub­ as the "Home Rule Charter and Optional Plans Law." ,."i++ed under the provisions of the Pennsylvania Election Section 102. As used in this act: Code. "Government study commission" or "commission" means (0) A petition under this section shall be filed at least the body composed of electors of the municipality elected sixty-four days prior to the municipal or general election, under the provisions of this act. and the petition and the proceedings therein shall be in "Councilman" means county commissioner, city council­ the manner and subject to the provisions of the election man, borough councilman, town councilman, township laws which relate to the signing, filing and adjudication commissioner in a township of the first class, and super­ of nomination petitions in so far as such provisions are visor in a township of the second class. applicable, except that no petition shall be signed or cir­ "Election officials" means the county boards of elections. culated prior to sixty days before the last day on which "Electors" means the registered voters of any municipal- such petition may be filed. 1972. LEGISLATIVE JOURNAL-HOUSE 2601

Section 202. A governmental study commission of sev­ man, another member as vice chairman, fix its hours and en, nine or eleven members as designated in the question place of meeting, and adopt such rules for the conduct shall be elected by the qualified voters at the same elec­ of its business as it may deem necessary ane. advisable. A tion the question is submitted to the electors. Candi­ majority of the members of said commission shall con­ dates for the office of government study commissioner stitute a quorum for the transaction of business, but no shall be nominated and placed upon the ballot contain­ recommendation of said commission shall have any legal ing the question in the manner provided by and subject effect unless adopted by a majority of the whole number to the provisions of the Pennsylvania Election Code which of the members of the commission. relate to the nomination of candidates nominated by nom­ Section 206. In case of any vacancy in the government ination papers filed for other offices elective by the voters study commission, the remainini! members of such com­ of a municipality, except that they shall be nominated mission shall fill it by appointing thereto some other and listed without any political designation or slogan, and, properly qualified elector. no nomination paper shall be signed or circulated prior Section 207. It shall be the function and duty of the to sixty days before the last day on which papers may be government study commission to study the form of gov­ filed. Each voter shall be instructed to vote on the ques­ ernment of the municipality, to compare it with other tion and, regardless of the manner of his vote on the ques­ available forms under the laws of this State, to determine tion, to vote for the designated number of members of a whether or not in its judgment the government of the government study commission who shall serve if the ques­ municipality could be strengthened, made more clearly tion is or has been determined in the affirmative. responsible or accountable to the people, or whether its Section 203. (a) Candidates for the government study operation could become more economical or efficient under commission shall be registered voters of the municipality. a changed form of government. They may be nominated by nomination papers signed by a number of qualified electors of the municipality equal Section 208. Members of the government study com­ at least to two per cent of the largest entire vote Icast mission shall serve without compensation, but shall be for any municipal officer elected at the last preceding reimbursed by the muncipality for their necessary ex­ municipal election in the municipality or two hundred penses incurred in the performance of their duties. Coun­ registered voters whichever is less and filed with the cil shall appropriate moneys necessary for such purpose. county board of elections not less than forty-four days Within the limits of such appropriations and other public prior to the date of the election. and privately contributed funds and services as shall be (b) Each nominating paper shall set forth the names, made available to it, the commission may appoint one or places of residence, and post office addresses of the candi­ more consultants and clerical and other assistants to serve date or candidates thereby nominated, that the nomina­ at the pleasure of the commission and may fix a reason­ tion is for the office of govPt'nment study commissioner, able compensation to be paid such consultants and clerical and that the signers are legally qualified to vote for such and other assistants. candidate or candidates. Every voter signing a nomina­ Section 209. The government study commission shall ting paper shall add to his signature his place of resi­ hold one or more public hearings, may hold private hear­ dence, post office address and street number, if any. No ings and sponsor public forums, and generally shall pro­ voter shall sign a nomination paper or papers for more vide for the widest possible public information and dis­ than the designated number of candidates. cussion respecting the purposes and progress of its work. (c) Each nominating paper shall, before it may be filed Section 210. (a) The government study commission with the county board of elections, contain an acceptance shall report its findings and recommendations to the citi­ of such nomination in writing, signed by the candidate zens of the municipality within nine calendar months or candidates therein nominated, upon or annexed to such from the date of its election except that it shall be per­ paper, or if the same person or persons be named in more mitted an additional three months if it elects to prepare than one paper, upon or annexed to one of such papers. and submit a proposed home rule charter. It shall publish Such acceptance shall certify that the candidate is a regis­ or cause to be published sufficient copies of its final re­ tered voter of the municipality, that the nominee con­ port for public study and information, and shall deliver sents to stand as a candidate at the election, and that if to the municipal clerk or secretary sufficient copies of the elected he agrees to take office and serve. report to supply it to any interested citizen upon request. (d) Each nominating paper shall be verified by an oath If the commission shall recommend the c:doption of a home or affirmation of one or more of the signers thereof, taken rule charter or any of the optional plans of government and subscribed before a person qualified under the laws as authorized in this act, the report shall contain the of Pennsylvania to administer an oath, to the effect that complete plans as recommended. the paper was signed by each of the signers thereof in (b) There shall be attached to each copy of the report of his proper handwriting, that the signers are, to the best the commission, as a part thereof, a statement sworn to by knowledge and belief of the affiant, registered voters of the members of the commission listing in detail the funds, the municipality, and that the nomination paper is pre­ goods, materials and services, both public and private, pared and filed in good faith for the sole purpose of en­ used by the commission in the performance of its work dorsing the person or persons named therein for election and the preparation and filing of the report. In addition, as stated in the paper. the list shall identify specifically the supplier of each Section 204. The result of the votes cast for and against item thereon. the question as to the election of a government study (c) A copy of the final report of the commission with its commission shall be returned by the election officers, and findings and recommendations shall be filed with the De­ a canvass of such election had, as is provided by law partment of Community Affairs. in the case of other public questions put to the voters Section 211. (a) The government study commission of a single municipality. The votes cast for members of shall be discharged upon the filing of its report: Provided, the commission shall be counted, and the result thereof That if the commission's recommendations require further returned by the election officers, and a canvass of such procedure on the part of the municipal councilor board election had, as is provided by law in the case of election or the people of the municipality, the commission shall not of members of municipal council or board. The desig­ be discharged until a copy of the report has been certified nated number of candidates receiving the greatest num­ to the county board of elections. Any time before such ber of votes shall be elected and shall constitute the com­ procedure has been finally concluded but not later than mission: Provided, That if a majority of those voting on one year from the date of the publication of its final re­ said question shall vote against the election of a commis­ port, the commission may modify or change any recom­ sion, none of the candidates shall be elected. .If two or mendation set forth in said final report by publishing an more candidates for the last seat shall be equal In number amended report. of votes, they shall draw lots to determine which one shall be elected. (b) Whenever a commission issues an amended report pursuant to subsection (a) above, such amended report Section 205. As soon as possible and in any event no shall supersede the final report and such final report shall later than fifteen days after its certification of election, cease to have any legal effect under this act. the government study commission s~all organize and h~ld its first meeting and elect one of Its members as chalr- (c) The procedure to be taken under the amended re- 2608 LEGISLATIVE JOURNAL-HOUSE April 4, port shall be governed by all provisions of Article II of this act applicable to the final report of a commission sub­ "Shall the Home Rule Charter con- mitted pursuant to section 210 of this act. tained in the report, dated Yes Section 212. The government study commission shall .. of the Government Study report and recommend in accordance with the question Commission, prepared in accordance presented to the electorate as provided in section 201: with the Home Rule Charter and Op­ (1) that a referendum shall be held to submit to the tional Plans Law, be adopted by the qualified voters of the municipality the question of adopt­ ...... ?" No ing one of the optional plans of government authorized (insert type and name of municipality) by this act to be specified by the commission; or (2) that a referendum shall be held to submit to the or qualified voters of the municipality the question of adopt­ ing a home rule charter as prepared by the commission "Shall and as authorized by this act; or ·····(i-;;~·~·~t··~~~~.. ~f··pl~;;)··············, (3) that the form of government of the municipality shall remain unchanged; or including recommendations pertaining Yes (4) such other action as it may deem advisable consist­ to optional provisions contained in the ent with its functions as set forth in this article. report of the Government Study Com- Section 213. (a) If the government study commission mission, dated , report, shall recommend the amendment of any of the op­ as authorized by the Home Rule Char- tional plans of government set forth in this act, except ter and Optional Plans Law, be adopted No the optional county plan provided in Article X, the report by the ?" of the commission may specify that (i) the municipal (insert type and name of municipality) council shall consist of three, five, seven or nine members (except that under the small municipality plan as provided or for in Article IX, and under the optional county plan as provided in Article X, the number of councilmen shall be "Shall the (Home Rule Charter) as provided in section 911 and section 1002, respectively); (Optional Plan) of the and (ii) the treasurer, where such office is provided, shall Yes be elected by the voters. (insert type and name of municipality) If a commission report, initiative petition or ordinance be repealed, and the form of govern­ shall recommend any optional plan, except for the optional ment recommended in the report of county plan set forth in Article X, it may specify that the the Government Study Commission, then existing basis for electing councilmen shall be dated , changed to an at-large, district, or combination at-large be adopted as authorized by the Home No and district basis. Rule Charter and Optional Plans If a commission report, initiative petition or ordinance Law?" shall recommend the adoption of the council-manager form of government, it may specify that the mayor be elected or directly by the voters of the municipality rather than by council. If a commission report, initiative petition or ordinance "Shall an Optional Plan for the for a county shall recommend the adoption of any of the optional plans, except the optional county plan set forth (insert type and name of municipality) Yes in Article X of this act, it may specify that the sheriff be be amended as specified in the report elected directly by the voters of the county as provided of the Government Study Commission in Article XI of this act. filed with the election officials of the In all cases, except for the council-manager plan set County of , on forth in Article VIII, the commission report, initiative peti­ (insert name of county) tion or ordinance shall specify whether the executive ...... as authorized by the (mayor) of the municipality shall be called "Executive" (insert date) No Home Rule Charter and Optional Plans or "Mayor." Law?" (b) If the commission shall recommend the adoption of a home rule charter, it shall specify the number to be on the municipal council, all offices to be filled by election, Section 215. If the government study commission shall and whether elections shall be on an at-large, district, or recommend that the question of adopting a home rule combination district and at-large basis. charter or one of the optional plans of government author­ (c) Notwithstanding any other provisions of this act, if ized by this act shall be submitted to the voters of the an approved home rule charter or optional plan of govern­ municipality, it shall be the duty of the municipal clerk ment or other form of government adopted pursuant to the or secretary, within five days thereafter, to certify a copy provisions of this act shall specify that the election of the of the commission's report to the county election board, municipal council shall be on an at-large, district, or com­ which shall cause the question of adoption or rejection bination district and at-large basis, which basis differs to be placed upon the ballot or voting machines at such from the existing basis and therefore requires eliminating time as the commission shall in its report specify. The districts or establishing revised or new districts, then commission may cause the question to be submitted to the election of municipal officials shall not take place on the people at the next primary, municipal or general election, new basis until the municipal election following the next occurring not less than sixty days following the filing of a primary election taking place later than one hundred copy of the commission's report with the county board of eighty days after the election at which the referendum elections, at such time as the commission's report shall on the question of a new form of government has been direct. At such election, the question of adopting that approved by the electorate. The new form of govern­ form of government recommended by the commission shall ment shall not go into effect until the first Monday in be submitted to the voters of the municipality by the January following the election of municipal officials on county board of elections in the same manner as other the new basis. New or revised districts shall be estab­ questions are submitted to the voters of a municipality lished by the court of common pleas in the county within under the provisions of the Pennsylvania Election Code. ninety days from the date of approval by the electorate of The commission shall frame the question to be placed upon a new form of government. the ballot as herein provided, and if it deems appropriate Section 214. The question to be submitted to the voters an interpretative statement to accompany such question. for the adoption of a home rule charter or any of the op­ Section 216. (a) No ordinance may be passed and no tional plans of government authorized by this act shall petition may be filed for the election of a government be submitted in the following form or such part thereof study commission pursuant to section 201 of this act while as shall be applicable. proceedings are pending under any other petition or 01'- 1972. LEGISLATIVE JOURNAL-HOUSE 2609 dinance filed or passed under the authority of this act, nor the referendum shall be governed by the prOVlSlOns of on the same question if it has been defeated within four the Pennsylvania Election Code. The election officials years after an election shall have been held pursuant to shall cause the question to be submitted to the electors any such ordinance or peition passed or filed. of the municipality at the next primary, general or mu­ (b) For the purpose of this section, proceedings shall be nicipal election occurring not less than sixty days follow­ considered as having started (i) in the case of an ordinance ing the filing of the initiative petition or ordinance with upon the final vote of council in favor of the ordinance, the election board. At such election, the question shall notwithstanding the fact that the ordinance cannot take be submitted to the voters in the same manner as other effect until a certain number of days thereafter; or (ii) questions are submitted under the provisions of the in the case of a petition, as soon as it is properly signed by Pennsylvania Election Code. The election board shall one-third of the number of registered voters required for frame the question to be placed upon the ballot. such petition and written notice thereof filed in the of­ fice of the county board of elections and in the office of D. Conduct of Election the municipal clerk or secretary, who shall cause the same to be immediately posted in a conspicuous place in said Section 241. All elections provided for in this act shall office, open to public inspection. be conducted by the election officials for such municipality Secton 217. Whenever the legally qualified voters of in accordance with the Pennsylvania Election Code. The any municipality by a majority of those voting on the election officials shall count the votes cast and make re­ question vote in favor of adopting a change in their form turn thereof to the county board of elections. The result of government pursuant to this act, the proposed form of any such election shall be computed by the county board shall take effect according to its terms and the provisions of elections in the same manner as is provided by law of this act for the computation of similar returns. Certificates of Section 218. The voters of any municipality which has the result of any such election shall be filed by the county adopted a home rule charter or an optional plan of govern­ board of elections with the municipal council or board ment pursuant to this act may not vote on the question of of the municipality and with the Secretary of the Com­ changing the form of government until five years after the monwealth, and with the Secretary of Community Affairs. home rule charter or optional plan became effective. Section 242. At least thirty days' notice of each elec­ tion herein provided for shall be given by the clerk or Section 219. For the purposes of this act, each of the secretary of the municipality. A copy of such notice shall optional forms of government provided by this act and be posted at each polling place of the municipality on the each of said optional forms as modified by any available day of the election, and shall be published in at least one provisions concerning size of council, election of municipal newspaper of general circulation in the municipality once officials, the basis for electing councilmen, is hereby de­ a week for three consecutive weeks during the period of clared to be a complete and separate form of government thirty days prior to the election. provided by the Legislature for submission to the voters of the municipality. ARTICLE III B. Amendment of Existing Charter or Optional Form GENERAL POWERS AND LIMITATIONS OF A HOME RULE CHARTER MUNICIPALITY Section 221. The procedure for amending a home rule charter or optional plan of government shall be the same Section 301. A municipality which has adopted a home as for the adoption of a home rule charter or optional plan rule charter may exercise any powers and perform any of government, except that an optional plan of govern­ function not denied by the Constitution of Pennsylvania, ment may be amended through the initiative procedure as by its home rule charter or by the General Assembly at hereinafter provided for in this act. any time. All grants of municipal power to municipalities governed by a home rule charter under this act, whether C. Amendment of Optional Plan by Initiative in the form of specific enumeration or general terms, shall Petition or Ordinance and Referendum be liberally construed in favor of the municipality. Section 302. (a) The home rule charter adopted in ac­ Section 231. A referendum on the question of amend­ cordance with the provisions of this act shall not give any ment of an optional plan of government may be initiated power or authority to the municipality contrary to, or in by electors of the municipality, and a referendum on the limitation or enlargement of powers granted by acts of the question of amendment of an optional plan of government General Assembly which are applicable to a class or classes may be initiated by an ordinance of the governing body. of municipalities on the following subjects: A proposal for amendment of an optional plan shall be (1) The filing and collection of municipal tax claims or limited to the additional options provided for in section liens and the sale of real or personal property in satisfac­ 213 of this act. tion thereof. Section 232. A petition containing a proposal for refer­ (2) The procedures in the exercise of the powers of endum on the question of amending an optional plan of eminent domain, and the assessment of damages and bene­ government signed by electors comprising five per cent fits for property taken, injured or destroyed. of the number of electors voting for the Office of Gover­ (3) Boundary changes of municipalities. nor in the last gubernatorial general election in the mu­ (4) Regulation of public schools. nicipality, or an ordinance of the municipal governing body (5) The registration of electors and the conduct of elec­ proposing amendment of an optional plan, may be filed tions. with the election officials at least ninety days prior to the (6) The fixing of subjects of taxation. next primary, municipal or general election. The name (7) The fixing of the rates of nonproperty or personal and address of the person filing the petition shall be taxes levied upon nonresidents. clearly stated on the petition. (8) The assessment of real or personal property and The election officials shall review the initiative petition persons for taxation purposes. as the number and qualifications of signers. If the pe­ (9) Defining or providing for the punishment of any tition appears to be defective, the election officials shall felony or misdemeanor. immediately notify the persons filing the petition of the (b) No municipality shall (i) engage in any proprietary defect. When the election officials find that the petition as or private business except as authorized by the General submitted is in proper order, they shall send copies of the Assembly, (ii) exercise powers contrary to, or in limitation initiative petition without signatures thereon to the gov­ or enlargement of powers granted by acts of the General erning body of the municipality and to the Secretary of Assembly which are applicable in every part of the Com­ Community Affairs. The initiative petition as submitted to monwealth, (iii) be given the power to diminish the rights the election officials, along with a list of signatories, shall or privileges of any former municipal employe entitled be open to inspection in the office of the election officials. to benefits or any present municipal employe in his pen­ Section 233. A referendum on the question of the amend­ sion or retirement system, (iv) enact or promulgate any ment of an optional plan of government shall be held when ordinance or regulation with respect to definitions, sanita­ the election officials find that the initiative petition or tion, safety, health, standards of identity or labeling per­ ordinance of the governing body is in proper order, and taining to the manufacture, processing, storage, distribu- 2610 LEGISLATIVE JOURNAL-HOUSE April 4.

tion and sale of any foods, goods or services subject to (4) The governing body of any local municipality may any Commonwealth laws or regulations unless such by ordinance, subsequent to the time limit for action as municipal ordinance or regulation is uniform in all re­ set forth in clause (3) of this section, request the county to spects with such Commonwealth laws and regulations. be included in a municipal power or function being exer­ Nothing herein contained shall be construed to in any cised by the county: Provided, however, That the county way affect the power of any municipality to enact and may specify the terms and conditions for acceptance or enforce ordinances relating to building codes or any other denial of the power or function requested by the local safety, sanitation or health regulation pertaining thereto, municipality to be exercised by the county, which shall be nor (v) enact any provision inconsistent with any statute subject to court review if the local municipality deter­ heretofore enacted by the General Assembly affecting the mines that the terms and conditions as set forth by the rights, benefits or working conditions of any employe of a county are unreasonable. political subdivision of the Commonwealth. (5) No assessment, tax, fee or levy in the nature there­ (c) Acts of the General Assembly in effect on the ef­ of made by the governing body of a county in support of fective date of this act that are uniform and applicable the exercise of a power or function as authorized by ordi­ throughout the Commonwealth shall remain in effect and nance of the county, shall be applicable in any municipal­ shall not be changed or modified by this act. Acts of the ity within the county which is providing the same munic­ General Assembly enacted after the effective date of this ipal power or function. act that are uniform and applicable throughout the Com­ (6) If the electors of a municipality by referendum vote monwealth shall sur:erl':ede any municipal ordinance or to exclude the municipality from the exercise of a power resolution on the same subject. or function by the county, a petition may not be initiated (d) No municipality which adopts a home rule charter nor maya referendum be he'.d on the same question more shall at any time thereunder determine duties, responsi­ often than every five years thereafter. bilities or requirements placed upon businesses, occupa­ (7) A local municipality may, by action of the govern­ tions and employers, including the duty to withhold, remit ing body, or by initiative and referendum, withdraw from or report taxes or penalties levied or imposed upon them a power or function which it was exercising at the date or upon r:ersons in their employment, except as expressly of the adoption of the county home rule charter which it provided by acts of the General Assembly, which are ap­ transferred to a county, provided it again assumes and plicable in every part of the Commonwealth or which exercises the power or function but may not vote on the are applicable to all municipalities or to a class or classes question of withdrawing sooner than four years from the of municipalities. time the county assumed the power or function of the local (e) No municipality shall enact any ordinance or take municipality. any other action dcalmg with the regulation of the trans­ Section 304. Municipalities adopting a home rule charter fer, ownership, transportation or r:ossession of firearms. shall have the power to sue and be sued, to have a cor­ (f) Nothing contained herein shall limit or take away porate seal, to contract and be contracted with, to buy, any right of a municipality which adopts a home rule char­ se~l, lease, hold and dispose of real and r:ersonal pror:erty, ter from levying any tax which it had the power to levy to appropriate and expend moneys, and to adopt, amend had it not adopted a home rule charter. and repeal such ordinances and resolutions as may be Section 303. No county which has adopted a home rule required for the good government thereof. charter shall at any time thereafter exercise within any Section 305. The municipal clerk or secretary of the municipality in the county, a power or function being municipality shall forthwith cause the new charter as exercised by that municipality on the date of the adoption approved by the qualified e:ectors to be recorded in the of the county home rule charter, except under all of the ordinance books of the municipality. He shall also file following conditions: a certified copy thereof in the office of the Secretary of (1) The exercise of such power or function by the the Commonwealth, with the Secretary of the Department county shall be authorized by ordinance of the governing of Community Affairs, and with the county board of elec­ body of the county, which ordinance in addition to such tions. other filings as may be required by law, shall, within Section 306. All elective officials of the municipality in thirty days of its enactment, be filed with the clerk or office at the time of the adoption of a home rule charter secretary of each local municipality within the county. shall continue in office until their terms expire. (2) The transfer of a power or function to the county from any local municipality within the county, as author­ Section 307. The procedure for repeal of a home rule ized by such ordinance, shall not become effective for at charter shall be the same as for adoption of a home rule least fifteen months from the date of adoption of such charter. Whenever the electors of any municipality, by ordinance. a majority vote of those voting on the question, vote in (3) Within one hundred twenty days from the adoption favor of repeal of a home rule charter and the establish­ of such ordinance, the governing body of any local munic­ ment of a particular form of government, such municipal­ ipality, exercising on the date of the adoption of the county ity shall be governed under the form of government home rule charter any power or function authorized by se_ected by the electors, from the first Monday of J anu­ ordinance of the county to be exercised by the county, ary following the municipal election at which the elective may elect by ordinance to be excluded from the county officials of the form of government selected by the e·.ectors exercise of such power or function. Within sixty days shall have been elected. The government study commis­ after the date of adoption by the governing body of a sion shall provide in its report for the new form of gov­ local municipality of an ordinance excluding such munici­ ernment to be established. pality from the exercise by the county of a power or The elective officials of the municipality under a new function, or in the absence of any action of the governing form of government se:ected by the e .. ectors shall be body, the qualified voters of such municipality may ini­ elected at the first municipal election he:d after the ref­ tiate a petition requiring that the question of inclusion or erendum on the repeal of a home rule charter or at such exclusion from the exercise of such power or function by later date as may be specified by the commission in its the county be submitted to a referendum of the electorate report. at the election held on the date of the next ensuing pri­ mary, municipal or general election not less than sixty ARTICLE IV days after the filing of the initiative t:etition with the county board of elections. The initiative and referendum GENERAL PROVISIONS AND LIMITATIONS FOR procedures set forth in Articles III and IV shall be fol­ OPTIONAL PLAN MUNICIPALITIES lowed, except where the same may be inconsistent with Section 401. Upon the adoption by the qualified voters any of the provisions of this section. of any municipality of any of the optional plans of govern­ In the event the county determines there is insufficient ment as set forth in this act, the municipality shall there­ interest or that it is not feasible to establish the proposed after be governed by the plan adopted and by the pro­ municipal function or power as provided for in the or­ visions of general law applicable to that class or classes dinance passed by the county, the county may rer:eal the of municipality except as otherwise provided herein. Un­ county ordinance prior to the effective date of the ordi­ less and until the municipality should adopt another form nance. of government as provided by law, the plan adopted and 1972. LEGISLATIVE JOURNAL-HOUSE 2611 the prOVISIons of general law applicable to that class or as hereinafter provided for those first elected beginning clas~es of municipality shall become law in the munici­ on the first Monday of January next following their elec­ pality at the time fixed by this act. All acts and parts of tions. acts, local, special, or general, affecting the organization, Section 505. At the first municipal election following government and powers of such municipality which are the adoption by a municipality of this plan, councilmen not inconsistent or in conflict herein, shan remain in full shall be elected and shall serve for the terms as provided force until modified or rerea'ed as provided by law. in section 1262 of this act. Section 402. The municinal clerk or secretary of the municipality shall forthwith cau~e the new plan of gov­ B. Council ernment as approved by the qualified e'ectors to be re­ corded in the ordinance book of the munici1"ality. He Secti<;)ll 511. The legislat.ive power of the municipalit.y shall a1.s0 file a certified coPy thereof in the office of the as provIded by laws applicable to that class of municipality Secretary of the Commonwealth, with the Secretary of shall be exercised by the municipal council, exceDt as may the DeDartment of Community Affairs, and with the county othervo.:ise be provided for by the provisions of this act. board of elections. SectIOn 512. On the first Monday of January following Section 403. The general grant of municipal Dower con­ the regular municipal election, the members of council tained in this article is intended to confer the greatest shall assemble at the usual place of meetim; and organize power of self government consistent with the Constitution and elect a president from among its members who shall of this Commonwealth and with the provisions of and the preside at its meetings and perform such othe'r duties as limitations prescribed by this act. Any srecific enumera­ council may prescribe, and a vice president who shall tion of municical powers contained in this act or in any ureside in the absence of the president. If th~ first Mon­ other laws will not be construed in any way to limit the day is a le«al holiday, the meeting shall be held on the general description of power contained in this article. first day following. and any such sDecifically enumerated municipal powers Section 513. The council, in addition to such other shall be construed as in addition and sunnlementary to Dowers and duties as may be conferred upon it by general the powers conferred in general terms by this article. AIl. law, may require any municipal officer, in its discretion, grants of municipal power to munici1"alities governed by to prepare and submit sworn statements regarding his of­ an ontional plan under this act, whether in the form of ficial duties in the performance thereof, and may other­ specific enumeration or general terms, shall be liberally wise investigate the conduct of any department office or construed in favor of the municipality. agency of the municipal government. ' Section 404. The optional plan of any municipality Section 514. A municipal clerk or secretary shall be adopted in accordance with this act shall not give any 'l.Dpointed in the manner set. forth in the Administrative power or authority to diminish any rights or privileges Code as provided in section 1246 of this act. The municipal of any present municipal. emnloye in his pension or retire­ ;lerk .or secretary shall serve as clerk of the council, keep ment system. No municipality shall exercise any powers Its mInutes and records of its proceedings, maintain and or authority beyond the municiDal limits except such as compile its ordinances and resolutions as this act requires are conferred by an act of the General As~embly, and no and perform such functions as may be required by law 0; municipality shall engage in any proprietary or private by lo.cal ordinance. The municinal clerk shall, prior to his business except as authorized by the General Assembly. apPoIntment, have been qualified by training or experience to perform the duties of the office. ARTICLE V C. Executive (Mayor) and Administration OPTIONAL PLAN: Section 521. The executive power of the municipality EXECUTIVE (MAYOR)-COUNCIL PLAN A shall be ex~rciserl by the executive (mayor). Section 522. The execlltive (mayor) shall enforce the A. Form of Government: E:ected Officials ulan and ordinan<'es of the munidDality and all general Section 501. The form of government provided in this laws applicable thereto. He shall, annually, report to article shall be known as the "Mayor-Council Plan A" and the council and the Dublic on the work of the previous shall, together with the laws applicab~e to that class of year and on the condition and requirements of the munici­ municipality and Articles IV and XII of this act, govern oal government and shall, from time to time, make such any municipality the voters of which have adopted it recommendations for action by the council as he may pursuant to this act. rleem in the public interest. He shall supervise all of the Section 502. Each municipality hereunder shall be gov­ departments of the municipal government, and shall re­ erned by an elected council, an elected executive who may quire each department to make an ann'lal anrl such other be called mayor, as determined by the government study renorts of its work as he may deem desirable. commission, an elected district attorney in the case of Section 523. (a) Ordinances adopted by the cOllncil counties and, when recommended by the government study shall be submitted to the executive (mavor) and he shall, commission and adopted by the voters, an elected trea­ within ten days after receivin~ any ordinance, either ap­ surer, an elected controller, and by such other officers and prove the orflinance bv affixin« his signature thereto, or employes as may be duly appointed pursuant to this ar­ return it to the council by delivering it to the munidpal ticle, general law or ordinance. "lerk together with a statement setting forfh his objections Section 503. The executive (mayor), the treasurer, if thereto or to any item or part thereof. No ordinance or elected, the district attorney in the case of counties and any item or part thereof shall take effect without the the controller, if elected, shall be elected by the voters executive's (mayor's) approval, unless the executive of the municipality at a regular municipal election, and (mayor) fails to return an ordinance to the council within shall serve for a term of four years beginning on the first ten days after it has been presented to him, or unless Monday of January next following his election. council upon reconsideration thereof on or after the third Section 50'!. The council shall consist of five membf:'rs, day following its return by the exec11tive (mayor) shall unless pursuant to the authority granted under sedion by a vote of a majority plus one of the members resolve 213 of this act, the municipality shall be governed by a to override the executive's (mayor's) veto. council of three, seven or nine members. Members of (b) The executive (mayor) may attend meetings of the council shall be elected at-large by the voters of the council and may take part in discussions of council but municipality, unless, pursuant to the authority granted shall have no vote except in the case of a tie on the ques­ under section 213 of this act, members shall be elected tion of filling a vacancy in the council, in which case he on a district basis in' which each district is as equal in may cast the deciding vote. population as is feasible, or on a combination at-large and Section 524. (a) The executiYe (mayor) shall designate district basis as determined by the charter study commis­ any department head, to act as executive (mayor) when­ sion, or as specified in an initiative petition or ordinance ever the executive (mayor) shall be prevented, by ab­ of the governing body under the provisions of section 231 sence from the municipality, disability, or other cause through section 233 of this act, at a regular municipal from attending to the duties of his office. During such election and shall serve for a term of four years, except time the person so designated by the executive (mayor) 2612 LEGISLATIVE JOURNAL-HOUSE April 4,

shall possess all the rights, powers, and duties of the execu­ consider it in the same manner as provided in section tive (mayor). Whenever the executive (mayor) shall 532, but final consideration of the amended budget shall have been unable to attend to the duties of his office for a be completed by February 15 of the same year. period of sixty consecutive days for any of the above Section 534. Council shall have the power to amend stated reasons, a member of council shall be appointed by the budget during the month of January next following the council as acting executive (mayor), who shall succeed any municipal election. Final adoption of the amended to all the rights, powers and duties of the executive budget shall be completed by Febraury 15 of the same (mayor) or the then acting executive (mayor), until he year. shall return or his disability shall cease. (b) The municipality may have a department of ad­ ARTICLE VI ministration and shall have such other departments as council may establish by ordinance. All of the admin­ OPTIONAL PLAN: EXECUTIVE (MAYOR)­ istrative functions, powers and duties of the municipality, COUNCIL PLAN B other than those vested in the office of the clerk, treasurer. Section 601. The form of government provided in this if elected, and controller, shall be allocated and assigned article shall be known as the "Executive (Mayor)-Council among and within such deoartments. Plan B" and shall, together with Articles IV, V, and XII, (c) Each department shall be headed by a director who with the exception of subsection 524 (b), govern any mu­ shall be appointed by the executive (mayor) with the ad­ nicioality, the voters of which have adopted it pursuant vice and consent of the council. Each municipality shall to this act. also have a solicitor who shall be appointed by the execu­ Section 602. The municipality shall have a department tive (mayor) with the advice and consent of the council. of administration and shall have such other departments as Each department head and the solicitor shall serve during council may establish by ordinance. All of the admin­ the term of office of the executive (mayor) appointing him, istrative functions, powers and duties of the municipality, and until the appointment and qualification of his succes­ other than those vested in the office of the clerk, treasurer, sor. No member of municipal council shall head a de­ if elected, and controller, shall be allocated and assigned partment. among and within such departments exceot that the func­ (d) The executive (mayor) may, in his discretion, re­ tions specified in section 525 of this act shall be assigned move any departmf'nt head after notice and an opportu­ to the department of administration. nity to be heard. Prior to rernovine: a deoartment head. Section 603. It is the intent and purpose of Executive the executive (mayor) shall first file written notice of (Mayor)-Council Plan B to mandate the establishment of his intention with the council, and such removal shall a department of administration. become effective on the twentieth day after the filing of such notice. ARTICLE VII (e) Department heads shall appoint subordinate officers and emuloyes within their departments under procedures OPTIONAL PLAN: EXECUTIVE (MAYOR)­ established in section 1222 of this act. COUNCIL PLAN C Section 525. Where a department of administration is established, it shall be headed by a director. He shall be Section 701. The form of government provided in this chosen solely on the basis of his executive and administra­ article shall be known as the "Executive (Mayor)-Council tive qualifications with soecial reference to his actual ex­ Plan C" and shall, together with Articles IV, V and XII perience in, or his knowledge of, accepted practice in re­ with the exception of section 522 of this act, govern any spect to the duties of his office as hereinafter set forth. municipality, the voters of which have adopted it pursu­ At the time of his appointment. he need not be a resident ant to this act. of the municipality or State. He shall have, exercise and Section 702. The executive (mayor) shall enforce the discharge the functions, powers and duties of the depart­ plan and ordinances of the municipality and all general ment. The department, under the direction and super­ laws applicable thereto. He shall, annually, report to the vision of the executive (mayor), shall: council and the public on the work of the previous year (l) Assist in the preparation of the budget; and on the condition and requirements of the municipal (2) Administer a centralized purchasing system; government and shall, from time to time, make such rec­ (3) Establish and administer a centralized personnel sys­ ommendations for action by the council as he may deem tem' in the public interest. (4) Establish and maintain a centralized accounting sys­ Section 703. The executive (mayor) shall appoint, with tem which shall be so designed as to accurately reflect the the advice and consent of the council, a managing direc­ assets, liabilities, receipts, and expenditures of the mu­ tor who shall exercise supervision over all activities of the nicipality; departments of government and who shall be the con­ tact officer between the mayor and such departments. (5) Perform such other duties as council may prescribe The managing director shall make periodic reports with through an administrative code or as the executive such recommendations as he deems appropriate to the (mayor) shall direct. executive (mayor) concerning the affairs of municipal government and particularly of those departments under D. Budget his jurisdiction. Section 531. The municipal budget shall be prepared The executive (mayor) may, in his discretion, remove a by the executive (mayor) with the assistance of the direc­ managing director after notice and an opportunity to be tor of the department of administration, or other officer heard. Prior to removing a managing director, the execu­ designated by the executive (mayor). tive (mayor) shall first file written notice of his intention Section 532. The budget shall be in such form as is re­ with the council, and such removal shall become effective quired by council, and shall have appended thereto a on the twentieth day after the filing of such notice. detailed analysis of the various items of expenditure and ARTICLE VIII revenue. The budget as submitted and adopted must be balanced. Council may reduce any item or items in the OPTIONAL PLAN: COUNCIL-MANAGER PLAN executive's (mayor's) budget by a vote of a majority of the council, but an increase in any item or items therein A. Form of Government: Elected Officials shall become effective only upon an affirmative vote of Section 801. The form of government provided in this a majority plus one of the members of council. article shall be known as the "Council-Manager Plan" and Council shall, upon the introduction of the proposed shall, together with Article IV and XII, govern any mu­ budget, fix a date for adoption thereof, which shall except nicipality, the voters of which have adopted this plan pur­ as otherwise provided be not later than the thirty-first suant to this act. day of December immediately following. Section 802. Each municipality under this article shall Section 533. During the month of January next follow­ be governed by an elected council one member of which ing any municipal election, the executive (mayor) may shall be an elected mayor chosen as provided in sections submit an amended budget to council and council shall 213 and 811, an elected district attorney in the case of 1972. LEGISLATIVE JOURNAL-HOUSE 2613

counties, an appointed municipal manager, and, when (d) The council may make investigations into the af­ recommended by the charter commission and adopted by fairs of the municipality and the conduct of any municipal the voters an elected treasurer, an elected controller and department, office or agency. by such other officers and employes as may be duly ap­ (e) The municipal council shall continue or create, and pointed pursuant to this article, general law or ordinance. determine and define, the powers and duties of such ex­ Section 803. The district attorney in the case of coun­ ecutive and administrative departments, boards, and of­ ties and the treasurer and controller, if provided for and fices, in addition to those provided for herein, as it may if elected, shall be elected by the voters of the municipal­ deem necessary for the proper and efficient conduct of the ity at a regular municipal election, and shall serve for a affairs of the municipality including the office of deputy term of four years beginning the first I\lIonday of January manager. Any department, board or office so continued or next following his election. created may, at any time, be abolished by the municipal Section 804. The municipal council shall consist of five council. No member of municipal council shall head an members unless, pursuant to the authority granted under administrative department. section 213 of this act, the municinality shall be governed (f) It is the intention of this article that the municipal by a council of three, seven or nine members. Mf'mbprs council shall act in all matters as a body, and it is con­ of the municipal council shall be elected, at large, by the trary to the spirit of this article for any of its members to voters of the municipality, unless, pursuant to the author­ seek individually to influence the official acts of the mu­ ity granted under section 213 of this act, members shall nicipal manager, or any other officer, or for the council or be elected on a district basis in which each district is as any of its members to direct or request the appointment equal in ponulation as is feasible, or on a combination of any person to, or his removal from office, or to inter­ at large and district basis as determined by the charter fere in any way with the performance by such officers of study commission or as specified in an initiative petition their duties. The council and its members shall deal with or ordinancp of the governing hody under the provisions the administrative service solely through the municipal of section 231 through section 233 of this act, at a regular manager and shall not give orders to any subordinates of municipal election, and shall serve for a term of ~four the ;municipal manager, either publicly or privately. years, except as hereinafter provided for those first plected, Nothmg herein contained shall prevent the municinal coun­ beginning on the first Monday of January next following cil from appointing committees or commissions of its own their election. members or of citizens to conduct investigations into the Section 805. At the first municinal election following conduct of any officer or department. or any matter re­ the adoption by a municipality of this charter plan, coun­ lating to the welfare of the municinality, and delegating cilmen shall be electpn and shall serve for the terms as to such committees or commissions such powers of inquiry provided in section 1262 of this act. as the municipal council may deem necessary. B. Council C. Municipal Manager Section 811. (a) On the first Monday of January fol­ Section 821. The municipal manager shall be chosen lowin« the regular mllnicipal election, the members of the by the council on the basis of his executive and adminis­ municinal council shall assemble at the usual place of meet­ trative qualifications. At the time of his appointment, he ing and organize and chrose nne of their nllmber as mayor need not be a resident of the municipality or State~ The unlpss otherwise provided. The mayor shall be chosen bv municipal manager shall not hold any elective govern­ banot by majority vote of :'111 members of the municinal mental office. council. If the members shall be unable, within five ballots Section 822. The municipal manager shall be appointed to be taken within two days of said organization meeting, for an indefinite term, and may be removed by a majority to elect a mayor, then the member who in the election for vote of the council. At least thirty days before such re­ members of the municipal council received the greatest moval shall become effective, the council shall notify the number of votes shall he the mayor. Should such person municinal manager of its decision to remove him from decline to accept the office, then the person receiving the office, by a majority vote of its members, stating the rea­ next highest vote shall be the mayor, and so on, until sons for his removal. The municinal manager may reply the office is filled. The mayor shall preside at all meetings in writing and may request a public hearing, which shah of the municinal council and shall have a voice and vote be held not earlier than twenty days nor later than thirty in its proceedings. days. aft~r the filing of such request. After such public hearmg, If one be requested, and after full consideration (b) On the recommendation of the government study ~ commission as provided in section 213, or as specified in the council by majority vote of its members may adopt an initiative petition or ordinance of the ,governing body final resolution of removal. By the preliminary resolu­ as authorized by section 231 through section 233 of this tion, the council may suspend the municipal manager from act, the mayor shall be elected directly by the voters of duty, but may, in any case, cause to be paid him forthwith the municipality at the regular municipal election in lieu any unpaid balance of his salary and thereafter his salary of being chosen as provided in subsection (a) of this sec­ for the next three calendar months. tion. Section 823. The municipal manager may designate a Section 812. A municipal clerk or secretary shall be qualified administrative officer of the municipality to per­ appointed in the manner set forth in the Administrative form his duties during his temporary absence or disability. Code as provided in section 1246 of this act. The munici­ In the event of his failure to make such designation, or if pal clerk or secretary shall serve as clerk of the council, the absence or disability continues more than thirty days, keep its minutes and records of its proceedings, maintain the council may appoint an officer of the municipality to and compile its ordinances and resolutions as this act re­ perform the duties of the manager during such absence or quires, and perform such functions as may be required by disability until he shall return or his disability shall cease. law or by local ordinance. The municinal clerk shall, prior Section 824. The municipal manager shall: to his appointment, have been qualified by training or (1) Be the chief executive and administrative official of experience to perform the duties of the office. the municipality. Section 813. (a) All powers as provided by laws ap­ (2) Execute all laws and ordinances of the municipality. plicable to that class of municipality shall be vested in the municipal council, except as otherwise provided by this (3) Appoint and have power to remove department article, and the council shall provide for the exercise heads, a deputy manager, if one be authorized by council, thereof and for the performance of all duties and obliga­ and appoint subordinate officers and employes under pro­ tions imposed on the municipality by law. cedures established in section 1222 of this act. (b) The council shall by ordinance adopt an administra­ (4) Negotiate contracts for the municipality, subject tive code defining the responsibilities of the municipal de­ to the approval of the municipal council, make recom­ partments and agencies as it deems necessary and proper mendations concerning the nature and location of munici­ for the efficient conduct of municipal affairs. pal improvements, and execute municipal improvements as (c) The municipal council shall appoint a municipal determined by the municipal council. manager. The office of municipal manager and municipal (5) Assure that all terms and conditions imposed in clerk or secretary may be held by the same person. favor of the municipality or its inhabitants in any statute, 2614 LEGISLATIVE JOURNAL-HOUSE April 4,

public utility franchise or other contract are faithfully Section 912. On the first Monday of January follow­ kept and performed, and upon knowledge of any violation, ing the regular municipal election, the members of the call the same to the attention of the municipal council. council shall assemble at the usual place of meeting and (6) Prepare agenda for and attend all meetings of the organize. The executive (mayor) shall preside at all meet­ municipal council with the right to take part in the dis­ ings of the council and shall have a voice and vote on its cussions, but without the right to vote. proceedings. The council shall select from among its mem­ (7) Make such recommendations to the council concern­ bers a president of the council who shall serve in place of ing policy formulation as he deems desirable and keep the the executive (mayor) in the event of his absence or dis­ council and the public informed as to the conduct of ability. municipal affairs. Section 913. The legislative power of the municipality (8) Prepare and submit the annual budget to the shall be exercised by the council, except as may be other­ council together with such explanatory comment as he wise provided by general law. A majority of the whole may deem desirable, and administer the council approved number of the council shall constitute a quorum for the budget. transaction of business, but a smaller number may meet (9) Perform such other duties as may be required of and adjourn from time to time. the municipal manager by ordinance or resolution of the Section 914. (a) A municipal clerk or secretary shall municipal council. be appointed in the manner set forth in the Administrative (0) Be resDonsible to the council for carrying out all Code, as provided in section 1246 of this act. The mu­ policies established by it and for the proper administra­ nicipal clerk or secretary shall serve as clerk of the coun­ tion of all affairs of the municipality within the juris­ cil, keep its minutes and records of its proceedings, main­ diction of the council. tain and compile its ordinances and resolutions as this act requires, and perform such functions as may be re­ D. Budget quired by law. The clerk shall, prior to his appointment, have been qualified by training or experience to perform Section 825. The municipal manager shall submit to the duties of the office. council his recommended budget, together with such ex­ (b) The council may consistent with acts of the General planatory comment or statement as he may deem desirable. Assembly applicable to that class or classes of municipality The budget shall be in such form as is required by council provide for the manner of appointment of a solicitor, any for municipal budgets, and shall in addition have appended planning board, zoning board of adjustment, zoning hear­ thereto detailed analysis of the various items of ex­ ing board or personnel board in the municinality and may penditure and revenue. The budget as submitted and create commissions and other bodies with advisory powers. adopted must be balanced. Council shall upon intro­ duction of the proposed budget fix a date for adoption C. Executive (Mayor) and Administration thereof which shall be not later than the thirty-first day Section 921. The executive power of the municipality of December immediately following. shall be exercised by the executive (mayor). It shall be Section 826. During the month of January next follow­ his duty to see that all laws and ordinances in forc? and ing any municipal election, council may request the man­ effect within the municipality are observed. He shall ad­ ager to submit an amended budget to council which shall dress the council and report to the residents annually, and consider it in the same manner as provided in section 825, at such other times as hp. may deem desirable. on the except that final adoption of the amended budget shall not condition of the municipality and upon its problems of be later than February 15 of the same year. government. The executive (mayor) shall also appoint a finance committee of the council, which shall consist of ARTICLE IX one or more councilmen, and may appoint and designate OPTIONAL PLAN: SMALL MUNICIPALITY PLAN other committees of council of similar composition. Section 922. The executive (mayor) shall appoint sub­ A. Form of Government: ordinate officers and employes with the advice and consent Elected Officials of council under procedures established in section 1222 of this act, except that in municipalities commonly known Section 901. The form of government provided in this as counties, the office of prothonotary and clerk of courts, article shall be known as the "Small Municipality Plan." register of wills and clerk of orphans court shall be filled It may be adopted by any municipality having a pODula­ by appointment by the president judge of the appropriate tion of less than seven thousand five hundred inhabitants court with advice and consent of a majority of the council. by the last Federal census. The plan together with Ar­ ticles IV and XII of this act shall govern any municipality D. Budget the voters of which have adopted it pursuant to this act. Section 941. The municipal budget shall be prepared Section 902. Each municipality shall be governed by by the executive (mayor) and shall be submitted to coun­ an elected executive (mayor) and councilmen, an elected cil in a form as is required by council. The budget as district attorney in the case of counties and such other submitted and adopted must be balanced. Council officers as shall be appointed pursuant to this article, gen­ shall upon introduction of the proposed budget, fix a date eral law or ordinance. for adoption thereof which shall be not later than the thirty-first day of December immediately following. B. Council Section 942. During the month of January next follow­ Section 911. The council shall consist of the executive ing any municipal election, the executive (mayor), UDon (mayor), who shall be elected at large, and two council­ his own initiative or at the request of council, may submit men unless pursuant to the authority granted under sec­ an amended budget to council, which shall consider it in tion 213 of this act the municipality shall be governed by the same manner as provided in section 941, except final an executive (mayor) and four councilmen, an executive adoption of the amended budget shall not be later than (mayor) and six councilmen, or an executive (mayor) and February 15 of the same year. eight councilmen. Members of the council shall be elected at large, unless, pursuant to the authority granted under ARTICLE X section 213 of this act, members shall be elected on a dis­ OPTIONAL PLAN: OPTIONAL COUNTY PLAN trict basis in which each district is as equal in population as is feasible, or on a combination at large and district basis A. Form of Government: Elected Officials as determined by the charter study commission or as specified in an initiative petition or ordinance of the gov­ Section 1001. The form of government provided in this erning body under the provisions of section 231 through article shall be known as the "Optional County Plan" and section 233 of this act, at a regular municipal election by shall, together with Articles IV and XII govern any county, the voters of the municipality and shall serve a term of the voters of which have adopted this plan pursuant to four years beginning on the first Monday in January next this act. This option shall be available only to those mu­ following their election, except as hereinafter provided nicipalities commonly known as "counties." for .those first elected. Section 1002. (a) The county officers are: 1972. LEGISLATIVE JOURNAL-HOUSE 2615

(1) County Commissioners, reasonable diligence could know that he is interested to (2) Controller or Auditors, any appreciable degree, either directly or indirectly, in (3) District Attorneys, any contract for the sale or furnishing of any personal (4) Public Defenders, property for the use of the municipality, or for any ser­ (5) Treasurers, vices to be rendered for such municipality involving the (6) Sheriffs, expenditure by the municipality of more than three hun­ (7) Registers of Wills, dred dollars ($300) in any year, he shall notify council (8) Recorders of Deeds, thereof, and any such contract shall not be passed and ap­ (9) Prothonotaries, Droved by council except by an affirmative vote of at (10) Clerks of the Courts. least three-fourths of the members thereof. In case the (b) County officers, except for public defenders who interested officer is a member of council, he shall refrain shall be appointed as provided by law, shall be elected from voting upon said contract. The provis;ons of this at the municipal elections and shall hold their offices for section shall not apply to cases where such officer or of­ the term of four years, beginning on the first Monday of ficial is an employe of the person, firm or corporation to January next after their election, and until their successors which money is to be paid in a capacity with no possible shall be duly qualified; all vacancies shall be filled in such influence on the transaction and in which he cannot pos­ manner as may be provided by law. sibly be benefited thereby, either financially or in any other material manner. Any officer or officials who shall (c) County officers shall be paid only by salary as pro­ knowingly violate the provisions of this section shall be vided by law for services performed for the county or liable to the municipality upon his bond, if any, or per­ any other governmental unit. Fees incidental to the sonally, to the extent of the damage shown to be sus­ conduct of any county office shall be payable directly to tained thereby by the municipality, to ouster from office, the county or the Commonwealth, or as otherwise pro­ and shall be guilty of a misdemeanor; and upon conviction vided by law. thereof, shall be sentenced to pay a fine not exceeding five (d) Three county commissioners shall be elected in each hundred dollars ($500), or imprisonment not exceeding county. In the election of these officers each qualified one year, or both. elector shall vote for not more than two persons, and the Section 1202. No officer or employe shall accept or re­ three persons receiving the highest number of votes shall ceive, directly or indirectly, from any person operating be elected. within the territorial limits of a municipality any inter­ (e) The coroner or medical examiner shall be a statu­ urban railway, bus line, street railway, gas works, water­ tory office elected at the municipal election and shall hold works, ~lectric light or power plant, heating plant, tele­ the office for the term of four years beginning on the graph lIne, telephone exchange or other business using first Monday of January next after election, and until their or operating under a public franchise, any frank, free successors shall be duly qualified; shall be uaid only by pass, free ticket or free service, or accept or receive di­ salary as provided by law; all vacancies shall be filled in rectly or indirectly, from any person, any other se;vice such manner as may be provided by law. upon terms more favorable than is granted to the public (f) Jury commissioners shall be statutory officers and generally, except that such prohibition of free transporta­ shall be elected at the municipal election and shall hold tion shall not apply to policemen or firemen in uniform. Nor their office for the term of four years beginning on the shall any free service to the municipal officials heretofore first Monday of January next after election and until provided by any franchise or ordinance be affected by thi3 their successors shall be duly qualified; the salary board section. shall fix their salary; vacancies shall be filled by the Section 1203. No candidate for office, appointment or president judge of the court of common pleas. employment and no officer, appointee or employe in any Section 1003. All county officers may exercise those municipality shall, directly or indirectly, give or promise powers granted by general law to county offices of the class any person any office, position, employment, benefit or of county to which it belongs. anything of value for the purpose of influencing or ob­ taining the political support, aid or vote of any person ARTICLE XI under the penalty of being disqualified to hold the offic~ or emDloyment to which he may be or may have been ADDITIONAL COUNTY OPTION; ELECTED SHERIFF elected or appointed. Section 1101. A government study commission created Section 1204. If any person hereafter elected or ap­ and constituted as provided in Article II of this act for pointed to any office or position in a municipality governed the municipality commonly known as counties, or an under this act shall, after lawful notice or process, wil­ initiative petition or ordinance of the governing body as fully refuse or fail to appear before any couit, any legis­ authorized by section 231 through section 233 of this act, lative committee, or the Governor, or having appeared may recommend and cause to be placed on the ballot as shall refuse to testify or to answer any question regarding a part of the question submitted to the voters for ap­ the property, government or affairs of the municipality proval, additional options as part of the optional plans or regarding his nomination, election, appointment or of~ as set forth in Article V, Executive (Mayor)-Council ficial conduct on the ground that his answer would tend to Plan A; Article VI Executive (Mayor)-Council Plan incriminate him, or shall refuse to waive immunity from B; Article VII Executive (Mayor)-Council Plan C: prosecution on account of any such matter in relation to Article VIII Council-Manager Plan; or Article IX, Small which he may be asked to testify, may be removed from Municipalities Plan, providing for the election of the office by the council of the municipality in its discretion. county sheriff. Section 1102. If the optional plan, including an ad­ B. Treasurer ditional option or options as provided in section 1101, is approved by the voters, the county shall be governed by Section 1211. (a) Under any of the optional plans as the provisions of the article providing the basic optional set forth in this act, except for the plan set forth in Article plan and by the provisions of Articles IV and XII of this X-Optional County Plan, the office of municipal treasurer act, except that the elected sheriff shall be subject to the may be omitted, or may be filled by appointment as rec­ provisions pertaining to that office as provided in Article ommended by the charter commission and adopted by the X of this act. voters. If the office of municipal treasurer is to be filled by appointment, the appointment shall be made in ac­ ARTICLE XII cordance with the appointment procedures for other de­ partment heads. GENERAL PROVISIONS COMMON TO OPTIONAL PLAN (b) The municipal treasurer, if elected, shall perform such functions and duties and have such powers relating A. Officers and Employes to the collection, receiving, safekeeping and payment over of public moneys including municipal, county institution Section 1201. In any case where a municipal officer or district and school district taxes as provided'by general official elected or appointed knows or. by the exercise of law and shall have such other ftU1ctions, powers and duties 2616 LEGISLATIVE JOURNAL-HOUSE April 4,

as may be assigned to him by the executive of the munici­ troller, if elected, county district attorney, if elected, or pality. county sheriff, if elected, the municipal council shall fill such vacancy, within thirty days thereafter, by choosing C. Appointment Power and Personnel an executive (mayor), a municipal treasurer, a municipal Section 1221. The appointment power of the chief controller, a county district attorney or a county sheriff, executive of the municipality under any of the plans au­ as the case may be, to serve until his successor is elected thorized by this act shall include the appointment of by the qualified electors at the next municipal election, occurring at least fifty days after such vacancy occurs, and members of boards and commissions authorized by this act, is duly sworn into office. The person so elected shall by general law now or hereafter enacted, or by action of serve from the first Monday of January next succeeding municipal council. All such appointments shall be with his election for the remainder of the term of the person the advice and consent of a majority of municipal council. originally elected to such office. Section 1222. Appointments and promotions of sub­ If, by reason of a tie vote or otherwise, a vacancy in the ordinate officers and employes within departments shall office of executive (mayor), treasurer, controller, county be made by the department head on the basis of a per­ district attorney, or county sheriff shall not have been sonnel system which shall include written procedures filled by council within the time as limited herein, the for appointment and promotion based on merit and fitness court of common pleas, upon petition of ten or more quali­ as demonstrated by examination or other evidence of fied electors, shall fill such vacancy by the appointment of position competence. The personnel system shall be a qualified person for the portion of the unexpired term governed by personnel rules which shall be prepared by as herein provided. the executive (mayor) or manager and submitted to the municipal council which shall adopt them with or with­ E. Legislation by Council out amendments unless otherwise provided for or arrived at by collective bargaining. The personnel rules may Section 1241. The council shall, by ordinance or resolu­ provide for: tion, designate the time of holding regular meetings which (1) The classification of all municipal positions, based shall be at least monthly. The executive (mayor) or the on the duties, authority and responsibility of each position, president of council, as the case may be, may and, upon with adequate provision for reclassification of any position written request of a majority of the members of the whenever warranted by change of circumstances. council, shall call a special meeting of the council. In the (2) A pay plan for all municipal positions. call, he shall designate the purpose of the special meet­ (3) Methods for determining the merit and fitness of ing and no other business shall be considered. All meet­ candidates for appointment or promotion. ings of the council shall be open to the public. The (4) The policies and procedures regulating reduction in municioal clerk or secretary shall keep a journal of its force and disciplinary action, including suspension and proceedings and record the minutes of every meeting. removal of employes. Section 1242. (a) Council shall determine its own rules (5) The hours of work, and provisions for sick and va­ of procedure, not inconsistent with ordinance or statute. cation leave and holidays, and provisions for overtime A majority of the whole number of members of the coun­ compensation. cil shall constitute a quorum, and no ordinance shall be (6) Grievance procedures, including procedures for the adopted by the council without the affirmative vote of a hearing of grievances. majority of all the members of the council. (7) Other practices and procedures necessary to the (b) Each ordinance or resolution shall be presented and administration of the municipal personnel system. considered as determined by council rules of procedure. The vote upon every motion, resolution or ordinance shall D. Filling Vacancies in Elected Office be taken by roll call and the yeas and nays shall be entered on the minutes. The minutes of each meeting shall be Section 1231. This section shall apply to the filling of signed by the officer presiding at such meeting and by vacancies in elected office in all optional plans and options the municipal clerk or secretary. except those set forth in Article X-Optional County Plan, (c) Council shall adopt by ordinance an administrative and Article XI-Additional County Options. code which shall provide for the establishment and filling Section 1232. (a) If a vacancy exists in the municipal of additional administrative offices which it shall deem council, the municipal council shall, by a majority of its necessary, and shall provide for administrative procedures remaining members, fill such vacancy, within thirty days not otherwise provided for in this act or by general law. thereafter, by electing a qualified person to serve until (d) The compensation of the controller and treasurer that first Monday of January when his successor who shall shall be fixed by the council. have been elected by the qualified electors at the next mu­ Section 1243. (a) Except as may otherwise be provided nicipal election, occurring at least fifty days after such in this act all ordinances shall be adopted and published as vacancy exists, is duly sworn into office for the remainder provided by law: Provided, however, That any ordinance of the term of the person originally elected to said office. may incorporate by reference any standard technical reg­ In case vacancies should exist whereby the offices of a ulation or code, official or unofficial, which need not be majority or more members of the municipal council be­ so published whenever ten copies of said regulations or come vacant the remaining members shall fill such vacan­ code have been placed on file in the office of the municipal cies, one at ~ time, giving each new appointee such reason­ clerk or secretary and in the office of the body or depart­ able notice of his appointment as will enable him to meet ment charged with the enforcement of said ordinance. and act with the then qualified member or members of (b) No ordinance other than the local budget ordinance the municipal council in making further appointments shall take effect less than ten days after its final passage until a bare majority of members of municipal council by council and approval by the executive (mayor) where members have been qualified, whereupon the said mem­ such approval is required, unless the council shall adopt bers shall fill the remaining vacancies at a meeting at­ a resolution declaring an emergency and at least a ma­ tended by the said majority members of municipal coun­ jority plus one of all the members of the council vote in cil, such appointees to receive a majority of the votes of favor of such resolution. the members present at any such meeting. The person or Section 1244. The municipal clerk or secretary shall persons se'.ected to fill such vacancy or vacancies shall record all ordinances and resolutions adopted by council hold their offices as herein provided. and at the close of each year, with the advice and assist­ If, by reason of a tie vote, or otherwise, such vacancy ance of the municipal solicitor, shall bind, compile or shall not have been filled by the remaining members of codify all the ordinances and resolutions, or true copies municipal council within the time as limited herein, the thereof, of the municipality which then remain in force and court of common pleas, upon the petition of ten or more effect. He shall also properly index the record books, com­ qualified electors, shall fill such vacancy by the appoint­ pilation or codification of ordinances and resolutions. ment of a qualified person, for the portion of the unex­ Section 1245. No rule or regulation made by any depart­ pired term as above provided. ment, officer, agency or authority of the municipality, (b) If a vacancy occurs in the office of executive except such as relates to the organization or internal man­ (mayor), municipal treasurer,if elected, municipal con- agement of the municipal government or a part thereof, 1972. LEGISLATIVE JOURNAL-HOUSE 2611

shall take effect until it is filed either with the municipal optional plan provides for a total number of at-large clerk or secretary or in such other manner as may be councilmen equal to or exceeding the total number of at­ provided by ordinance. The council shall provide for the large councilmen under the existing form of govern­ prompt publication of such rules and regulations. ment; or, if that councilman was elected on a district Section 1246. The council shall cause to be prepared and basis, the district from which that councilman was elected pass as an ordinance an administrative code which shall remains unchanged and continues to encompass the exact provide for the manner of appointment of a solicitor, same geographical area under the newly adopted optional clerk or secretary, and may create commissions and other plan as under the existing form of government, and the bodies with advisory powers, and may provide additional number of councilmen to be elected from that district provisions relating to the internal structure of the munici­ under the newly adopted optional plan is equal to or ex­ pality as long as the provisions of the administrative code ceeds the number elected from that district under the are not in conflict with any of the provisions of this law existing form of government. Any such councilman may applicable to the municipality. by writing filed with the municipal treasurer, direct that any portion of his annual compensation for serving in of­ fice be returned to the municipal treasury. For the pur­ F. Audit and Control pose of this section, an executive or mayor who is also a Section 1251. The council shall provide by separate or­ member of the council under an existing plan shall be dinance or in the administrative code for the exercise of a considered as a member of the council, and after the new control function in the management of the finances of the plan goes into effect, his duties shall be only those of a municipality by the municiual controller or, in the case of member of council as prescribed by the new plan. the optional plan set forth in Article X, the Optional (e) At the municipal election next succeeding the adop­ County Plan, by the controller or auditors. tion of one of the optional plans provided for in this act Section 1252. The council may provide for annual post the number of councilmen prescribed by the terms in th~ audits Of all accounts by an independent auditor who shall plan less the number of councilmen then in office whose be a certified public accountant, registered in Pennsyl­ terms do not expire on the first Monday of January next vania, or a firm of certified public accountants so regis­ following, as may be determined by the foregoing sub­ tered. section (d), shall be elected. (f) If any vacancies in council occurring by reason of G. Transition to Optional Charter Plan resignation, death or removal shall exist ninety days or more before such election, they shall be filled for the re­ Section 1261. Whenever the electors of a municipality mainder of the term of the person originally elected to that adopt any of the optional plans provided by this act at any office. election for that purpose, such municipality shall be gov­ Section 1263. (a) The annual compensation of the ex­ erned under the provisions of such plan, the provisions of ecutive (mayor) and councilmen elected to their offices in general law applicable to that class of municipality and the year prior to the transition year under any of the op­ this act from the first Monday in January following the tional plans, except the Optional County Plan set forth in next succeeding municipal election, except as provided in Article X, adopted pursuant to this act, shall be estab­ section 213 (c) of this act. lished by the commission as part of its recommendations Section 1262. (a) Any elected municipal official in of­ or by the initiative petition or ordinance of the govern­ fice at the time of the adoption of any optional plan pro­ ing body authorized by section 231 through section 233 of vided by this act shall continue in office only until the new ihis act. plan of government goes into effect as provided in sec­ . (b) The compensation of the executive (mayor), coun­ tion 1261, except as otherwise provided in subsections (c) CIlmen, controller, and treasurer elected to their offices sub­ and (d) of this section. sequent to the transition year to any of the optional plans set forth in this act, except for the plan set forth in Ar­ (b) At the municipal election next succeeding the adop­ ticle X, the Optional County Plan, shall be fixed by or­ tion of one of the optional plans provided for in this act, dinance of council finally passed or adopted at least two if four or less councilmen are elected, they shall serve for days prior to the last day fixed by law for candidates to terms of four years. If five are e'ected, the four success­ withdraw their names from nominating petitions previous ful candidates receiving the highest percentage of the to the day of the municipal election. After such compen­ votes cast for the office to which they are elected shall sation is once fixed by ordinance, only an increase or de­ serve for terms of four years, and the candidate receiving crease thereof need be fixed by such ordinance. the next highest percentage of votes shall serve for a term of two years. If six or more councilmen are elected, Section 1264. On the effective date of an optional plan the five candidates receiving the highest percentage of the adopted pursuant to this act, all ordinances and resolutions votes cast for the office to which they are elected shall of the municipality to the extent that they are not in­ serve for terms of four years, and the remaining success­ consistent with the provisions of this act shall remain in ful candidates receiving the next highest nercentage of full force and effect until modified or repealed as pro­ votes shall serve for terms of two years. Thereafter, all vided by law. councilmen shall be elected for terms of four years. Section 1265. (a) On the effective date of an optional (c) If an elected municipal treasurer or elected munici­ plan adopted pursuant to this act, all appointive offices pal controller or elected county district attorney or elected then existing in such municiuality shall be abolished and county sheriff is in office at the time of the adoption of the terms of all appointed officers shall immediately cease an optional plan under the provisions of this act, a treasur­ and terminate: Provided, That nothing in this section shall er or controller or district attorney or sheriff, as the case be construed to abolish the office or terminate the terms may be, shall not be elected or appointed to take office of office of any al.derman or constable or of any official or until after the resignation, death, removal or expiration employe now protected by any tenure of office or civil of the term of said treasurer, controller, district attorney service law, or of any policeman or fireman, whether or or sheriff. not protected by a tenure of office law. At the expiration of the term of said treasurer, controller, (b) Provisions for officers and for the organization and district attorney or sheriff in office at the time of the administration of the municipal government under the adoption of an optional plan under the provisions of this optional plan may be made by resolution pending the adop­ act, a treasurer, controller, district attorney or sheriff, tion of ordinances, but any such resolution shall expire as the case may be, shall be elected or appointed for the not later than sixty days after the effective date of the full term for said office as provided by the optional plan optional plan. adopted. Section 1266. All actions and proceedings of a legis­ (d) Any member of a municipal governing body in lative, executive or judicial character, which are pending office at the time of the adoption of an optional plan shall upon the effective date of an optional plan adopted uur­ remain in office, continuing as an at-large or district suant to this act, may continue and the appropriate officer councilman, as the case may be, until the expiration of or employe under such optional plan shall be substituted his term in office, and shall receive the compensation pro­ for the officer or employe theretofore exercising or dis­ vided by law at that time: Provided, That if that council­ charging the function, power or duty involved in such tnan was elected on an at-large basis, the newly adopted action or proceeding. 2618 LEGISLATIVE JOURNAL-HOUSE April 4,

H. Repeal of an Optional Plan The commissioners shall be allowed such compensation and expenses for their services as the court shall fix. The Section 1271. The procedure for repeal of an optional costs of the proceedings, including the compensation and plan shall be the same as for adoption of an optional plan eXj:)enses of the commissioners, shall be apportioned by as provided in Article II of this act, excluding the pro­ the court between the municipalities as it deems pror;er. cedure provided in section 231 through section 233 of this In case a municipality or part of a municipality is lo­ act. Whenever the electors of any municipality, by a ma­ cated in two or more counties, the court of common pleas jority vote of those voting on the question. vote in favor of the county where the larger part of the municipality of repeal of an optional plan and the establishment of a assuming the function is located shall have exclusive juris­ particular form of government, such municipality shall be diction over the proceedings. governed under the form of government se'ected by the Section 1306. Any city which began proceedings before electors, from the first Monday of January following the the effective date of this act under the act of July 15, 1957 municipal election at which the elective officials of the (P. L. 901), known as the "Optional Third Class City form of government selected by the electors shall have Charter Law," may adopt an optional plan thereunder been elected. The government study commission shall pro­ and function under the provisions of that act. vide in its report for the new form of government to be Section 1307. All acts and parts of acts are repealed in established. so far as they are inconsistent herewith. It is not the intent of this section to prohibit or limit in Section 1308. If any provision of this act, or the applica­ any way utilizing the procedure provided in section 231 tion of such provision to any person or circumstances, shall through section 233 of this act to amend an optional plan. be held invalid, the remainder of the act and the applica­ tion of such provision to persons or circumstances other ARTICLE XIII than those as to which it is held invalid, shall not be GENERAL affected thereby. Section 1309. This act shall take effect immediately. Section 1301. This act shall not apply to any city of the first class or to any county of the first class. On the question, Section 1302. No local municipality within a county shall Will the House adopt the report of the Committee of supersede or exercise any power, function or service pres­ ently exercised by said county. Conference? Section 1303. Each municipality which does not adopt a home rule charter or an optional plan of government The SPEAKER pro tempore. The Chair recognizes the under the provisions of this act, shall retain its existing gentleman from Delaware, Mr. Dorsey. form of government as provided in the code under which Mr. DORSEY. Mr. Speaker, I am not going to oppose it operates, or under general law, or under the Constitu­ the conference committee report, but I would just like tion of Pennsylvania. Section 1304. In case the electors of any municipality to make a few remarks for the record. disapprove a proposal to adopt a home rule charter or an The SPEAKER pro tempore. The gentleman may pro­ optional plan of government the municipality shall retain ceed. its existing form of government. Section 1305. A municipality assuming a function previ­ Mr. DORSEY. All that ends well is well, I believe that ously performed by another municipality under the terms is the saying. This has ended fairly well, but it did not of this act shall also assume all the indebtedness and ob­ come about by accident. I happen to be a member of the ligations of the municipality re'ating to the function. If property, indebtedness, or obligations of another munici­ Local Government Committee of this House, and this has pality not within the boundaries of the municipality as­ been one fierce battle for the past couple of years. suming the function is involved, the governing bodies of There are people in this Commonwealth, including the the party municipalities shall make an adjustment and apportionment of all public property involved. Governor of this Commonwealth and the Secretary of The adjustment and apportionment as made shall be Community Affairs of this Commonwealth, who had no reduced to writing. and shall be filed with the court of intentions that this bill would turn out the way it did. I common pleas of the county, and a copy shall also be attended public hearings and I attended pub'ic meetings filed with the Department of Community Affairs. In case the municipalities cannot make an amicab'e in the way of banquets in which those persons attended adjustment and apportionment of the property, obligations and, believe you me, this was not their intention. and indebtedness within six months after the function is Their intention was to break down local government assumed any of the municipalities may present a petition to the court of common pleas. The court shall then appoint as was done with the school districts years ago. For­ three disinterested commissioners, all residents and tax­ tunately, this time they did not get away with it. What payers of the county, but none residing in or owners of happened with this legislation was really an affront to real estate in the municipalities, who, after hearing, notice the Local Government Committee of this House. In fact, of which shall be given to the municipalities 8S the court shall direct, shall make report to the court making an ad­ it was a downright insult. justment and apportionment of all the property as well We spent many hours working on this project to have as the obligations or indebtedness. The relJort shall state it just taken away from the committee by someone e',se the amount that shall be due and payable from each municipality, the forms of payment and the amount of whose intention was to push the views of the Governor obligations and indebtedness that shall be assumed by and the Department of Community Affairs. each. Thanks to the Borough Association and the Township The commissioners shall give the municipalities at least five days' written notice of the filing of their report. Un­ Association and other associations in this Commonwealth less exceptions are filed to such report within thirty days who were truly interested in local government, we have after the date of the filing, the report sha'l be confirmed before us what we have today. This is not a rerfect by the court absolutely. Any sum awarded by the report piece of legislation, but I think it is the best we could shall be a legal and valid claim in its favor against the municipality charged. Any property real or personal have gotten under the circumstances. given to a municipality shall become its property. Any claim or indebtedness charged against the municipality POINT OF ORDER may be collected from it. If exceptions are filed to the report of the commission­ The SPEAKER pro tempore. The Chair recognizes the ers, the court shall dispose of the same, taking testimony gentleman from Philadelphia, Mr. Vann. For what purpose therein if it deems the same advisable. The court shall does the gentleman rise? enter its decree confirming the award of the commissioners, or modifying the same as to it appearsjust and proper. Mr. YANN.,Irise to a point ,of ,order. 1972. LEGISLATIVE JOURNAL-HOUSE 2619

The SPEAKER pro tempore. The gentleman will state Coyne Hopkins Musto Thomas Crawford Horn Myers Toll it, Crowley Horner Needham Ustynoskl Mr. VANN. Mr. Speaker, I think the gentleman is out Dager Hovis Novak Vallcentl Davis.D.M. Hutchinson O'Brien Vann of order. We are not discussing the merits of the bill; we Davis. E. B. Irvis O'Connell Walsh are discussing whether to adopt the report or not. I think Davis, R. O. Johnson, G. R. O'Pake Wansacz the gentleman is entirely out of order. Will you so rule? DeMedlo Johnson. J. J. Pancoast Wargo Dininnl Jones Parker. B. L. Weidner Dombrowski Katz Parker, H. S. Wells The SPEAKER pro tempore. The Chair recognizes the Dorsey Kaufman Perry Westerberg gentleman from Delaware, Mr. Dorsey. Doyle Kelly. A. P. Pe7ak Williams Dreibelbis Kelly. J, B. Pievsky Wilson Mr. DORSEY. Mr. Speaker, I am leading up to the I':ckensberger Kennedy Prendergast Wilt. R. W. adoption of the report. I will just close with these few I':nglehart Kester Rappaport Wllt,W.W. Fawcett Kistler Rcnning"r Wojdak parting remarks, Mr. Speaker. I think I accomplished what Fee Klepper Renwick Worrilow I wanted to. Fenrlch Knepper Reynolds Yahner I am happy that the home rule charter will permit the Fischer Kolter Ritter Yohn Foster Kowalyshyn Rowe Zearfoss citizens of Pennsylvania to make the decision for them­ Fox Kury Ruane Zeller selves, contrary to what was done with school reorganiza­ Frank Laudadlo Ruggiero ZImmerman Frankenbur, Lee Rush Zord tion where they did not have a chance. Fryer Thank you. NAYS-5 The SPEAKER pro tempore. The Chair recognizes the Early Kahle Shuman WrIght gentleman from Allegheny, Mr. Early. Foor Mr. EARLY. Mr. Speaker, I promise you I will not make NOT VOTING-16 this a habit. Actually, I guess I should quit while I am behind. Allen. W. W. Lederer Piper Wise Gelfand Lynch. F:~ancls Rieger I would like to make one statement, Mr. Speaker. I Halverson Melton Schmitt FIneman. have been quite concerned about Senate bill No. 1752 Klunk Murtha Shane Speaker and I did come to Harrisburg early yesterday morning LaMarca O'Donnell for the so:e purpose of getting the conference report and The majority required by the constitution having voted studying it. in the affirmative, the question was determined in the Unfortunately, Mr. Speaker, every office I went to in affirmative and the report of the Committee of Conference the State Capitol, I was told we were not allowed to see was adopted. it. It sort of disturbs me when I am representing 75,000 Ordered, That the clerk inform the Senate accordingly. people and I am told that I am not allowed to see what I am voting for. I did get this bill, Mr. Speaker, at exactly 11:30 today. VISITORS WELCOMED I think with something that is as important as this and The SPEAKER pro tempore. The Chair would like to other bills to consider, having exactly three hours to welcome to the hall of the House, Mrs. Kraznoff and her caucus was basically uncalled for. son, with their guest, a young man from England. Unfortunately, Mr. Speaker, I must vote against this, They are the guests of the gentleman from Lehigh, Mr. and probably it is in vain, but I am concerned about Frank. voting for something when I am not really sure what it contains. Thank you, Mr. Speaker. PERMISSION TO ADDRESS HOUSE Mr. CAPUTO requested and obtained unanimous con­ On the question recurring, sent to address the House. Will the House adopt the report of the Committee of Mr. CAPUTO. Mr. Speaker, it is my distinct recollec­ Conference? tion that on March 15 of this year this House waived the rules and permitted a discharge resolution on House bill Agreeable to the provisions of the constitution, the yeas No. 1717 to be accepted by the desk, with the promise and nays were taken and were as follows: that it would appear on the calendar. YEAS-181 House bill No. 1717, if the Speaker will remember, is a bill that would eliminate the Human Relations Com­ Alexander Gallagher Lehr Ryan mission as a super-super-school board and would have, by Mlen.F.M. Gallen Letterman Rybak Anderson. J. H. Geesey Lutty Saloom amending the Human Relations Commission Act, eliminat­ Anderson. S. A. Geisler Lynch. Frank Savitt ed a law that is not necessary in Pennsylvania because of Arthurs Gekas Malady Scanlon Barber Gillette Man\)eck Scheaffer the fact that the School Board Code of 1949 already ade­ Bellomlnl Gleason Manderlno Schulze quately covers the subject. Bennett Gleeson Martino Scirlca Beren Good Mastrangelo Seltzer The resolution contains the necessary legal number of Berkes Goodman McClatchy Semanoff names of sponsors, and it was my impression that this bill Berson Greenfield McCue Shelhamer would appear on the first calendar to be printed by this Bittle Gring McCurdJ Shelton Bixler Hamilton. J. H. McGraw Sherman House. Blair Hamllton. R. K. McMonagle Shupnlk Bonello Harrier Mebus Smith I noticed by the history that the resolution is acknowl­ Brunner Haskell Meholchick Spencer edged. In the history, under House bill No. 1717, there Burkardt Hayes, D. S. Miller Steele is a statement that a discharge resolution was entered on Butera Hayes. S.E. Moore Stemmler Caputo Hepford MorrIs Stone March 15, which would affect this bill. Cessar Hetrick Moscrlp Stout I am also aware of rule 53 of the rules of this House, Comer Hill Mullen, M. M. Sullivan Coppolino Homer Mullen. M. P. Taylor which, in the first paragraph, indicates that "When 2620 LEGISLATIVE JOURNAL-HOUSE April 4. twenty-five members of the House shall have signed the mittee and through a vote on the floor of the House, it resolution, it shall be entered in the Journal and the would be just about all we could hope to accomplish. title of the bill or resolution and the name of the com­ If you will check the calendar, I think it was March mittee to be discharged shall be printed on the calendar." 15 or 16 when we were last here, most of the bills on I point out the word "shall." It seems to me it is manda­ that calendar had been marked "Hold"-do not call up. tory that after the introduction of the resolution with the They were simply being reprinted, reprinted and re­ necessary number of names, it shall be printed on the printed, and I decided that that did not make sense for calendar. a one-day session and that we would print only the con­ We all appreciate the fact that anything on the calendar ference committee reports, my belief being that that can be called up, and in the case of a discharge resolution, would be about the limit of time and energy that the any of the signatories to that resolution would be privil­ House would have for one day's work. eged by the rules of this House to call it up. Now I inform the gentleman, as I have informed By some magical manipUlation, an unprecedented pro­ other members who have asked me, while the operation cedure for a regular session of this House--and I point of the calendar is a prerogative of the leadership, that out that today's session is a regular session; it is not a prerogative can always be overridden by a vote of the special session called by the Governor, and there is only House. If the House decides that it wishes to act on one other kind of session, a regular session-we are con­ something which is not on the calendar, all it has to do fronted with six items on our calendar, all conference com­ is waive the rules which require that the bill be on the mittee reports. I find no precedent nor rule nor distinction calendar and the House can act. So it is not exclusively nor any rationale of how this could be done. in our jurisdiction. We simply direct it until we are We have already voted on these, and I recognize the overridden by a vote of the House. nature of the emergency which confronts us in at least Mr. CAPUTO. Mr. Speaker, I thank the majority lead­ one partiCUlar instance, Senate bill No. 752, and I am not er. I truly appreciate the fact that, by a vote of the House, seeking to disrupt in any way the action taken by the a special order of business can be called up. The majority House today on these six conference reports. leader has indicated that there is no prohibition against­ I would, Mr. Speaker, however, like to have some an­ I believe that is what he said-printing a special calendar. swers as to how this was accomplished. How did we He also indicated that it is the prerogative of the leaders happen to have a calendar where only six items are listed, of the House to determine what shall be on the calendar. and who, if it is possible to get an answer to that ques­ I wonder if the majority leader could point out to me tion, decided which questions should be asked of the any place where the leadership is given that authority in House today? I fully appreciate the fact that this is con­ the constitution or the rules. sidered by some people here, without legality, a special Mr.IRVIS. No. The leadership of the House is not con­ session of this legislature, but I find nothing in the con­ stitutionally established at all, as the gentleman well stitution or the laws which says that we can have such knows. The leadership of this House is established by the a special session. rules of each caucus, and the powers of the leadership of So I ask, Mr. Speaker, if you or the parliamentarian or the House have been established by either rules and any other member of this House can explain to me why regulations of each caucus or historically by custom. The the members of this House are deprived of the right to gentleman, who is learned in the common law, will recog­ vote on a discharge resolution which should, by law, be nize that historical precedent rises to the same effect as on the calendar presented to this body today. statutory law. The SPEAKER pro tempore. The Chair recognizes the Mr. CAPUTO. I agree with that, but can the majority majority leader. leader point out any precedent in this particular case, Mr. IRVIS. Well, I have been at every other disad­ common law or otherwise? vantage today, I may as well be at the disadvantage of Mr. IRVIS. I beg your pardon? not having heard the gentleman's last question. Mr. CAPUTO. Can the majority leader point out any Would you repeat the last question, Mr. Caputo? precedent or any common law? Mr. CAPUTO. I think the last question-I will try to Mr. IRVIS. Oh, yes. On several different occasions repeat it; I do not have it written down-was, by whose we have printed special calendars, single-sheet calendars, direction and by what authority are we, as members of to deal with special problems that we have had. We the House, sitting in a regular session with six conference thought that these committees of conference were special reports presented to us rather than a full calendar as problems, especially Senate bill No. 752, which is really required by the laws of the Commonwealth and the laws the reason for our return. of this House? As I started out, I was ready to print a calendar con­ Mr. IRVIS. Mr. Speaker, there is no requirement under taining only Senate bill No. 752 until I was instructed the law or under the rules for a "full calendar." The print­ by other committees of conference that they would have ing of the calendar and the listing of the bills on the their reports ready, and as they were ready, I kept adding calendar for action is the prerogative of the leadership their reports to the calendar. But I was prepared for a of the House, as it is of the leadership of the Senate. single-sheet calendar for Senate bill No. 752, because What we did in this case was to confer with all the that was the only bill which, by constitutional mandate, leaders, House and Senate and both sides of the aisle, as we had to act on before April 23, 1972. But we have done to how much work we thought could be accomplished on that before. this particular day, bringing the members in for one day May I say this to the gentleman: I understand the only and then sending them back to the campaign trails. gentleman's predicament. Let me first congratulate the It was agreed by the leaders that if we could get the gentleman for his actions on March 15, and may I suggest conference committee reports through conference com- to the House that if the House were paying a little bit 1972. LEGISLATIVE JOURNAL-HOUSE 2621 more attention on that date or if the members had not know what the Senate is going to do on their committee gone home immediately, the predicament that we found of conference reports. We will keep the desk open. ourselves in would not have occurred. I went to the gentleman. I asked him to please refrain MOTION TO AUTHORIZE SIGNATURE from pursuing the course he had charted and he acted as OF BILLS a gentleman and said, all right, he would withdraw. At that point he was in a position to insist that the House The SPEAKER pro tempore. The Chair recognizes the vote on a discharge resolution, and he would have been majority leader. within his legal rights to insist on that, but at my re­ Mr. IRVIS. I move that the Speaker pro tempore be quest he did not insist. I promised him that we would authorized by this House to sign the committee of con­ take up the discharge resolution, that it would appear on ference reports on which this House has now voted in the the calendar, and I reiterate that promise in public. It absence of the regular Speaker. will appear, and the House will debate it, if it is the I so move, Mr. Speaker. gentleman's wish to do so, because I understand what the The SPEAKER pro tempore. Will the gentleman correct problem is, not only in his district but in many districts it to say "bills"? across the Commonwealth and, indeed, across the whole Mr. IRVIS. I move that the Speaker pro tempore be nation. authorized by the House to sign any bills which the House It is not my intention that the House will not address has passed and which are in the possession of the Speaker itself to this problem, but I felt, quite honestly, that today pro tempore in the absence of the regular Speaker. the House had its hands full if it were to get through the On the question, committee of conference reports. That is the reason the Will the House agree to the motion? calendar was printed the way it is. Motion was agreed to. The SPEAKER pro tempore. The Chair recognizes the gentleman from Allegheny, Mr. Caputo. RESOLUTION PRESENTED Mr. CAPUTO. Mr. Speaker, with that statement and The SPEAKER pro tempore. The Chair recognizes the with the promise of the majority leader that the dis­ gentleman from Philadelphia, Mr. Comer. charge resolution and the problem it creates and arises Mr. COMER. Mr. Speaker, I ask unanimous consent to therefrom will be on the next printing of the calendar, make a statement regarding a resolution which I am in­ is that what I understand, Mr. Irvis? troducing today. Mr. IRVIS. That is absolutely and unconditionally true, The SPEAKER pro tempore. The Chair hears no objec­ yes. tion. The gentleman may make a brief statement. Mr. CAPUTO. And with the full realization also that Mr. COMER. Mr. Speaker, today I am introducing a to call up the discharge resolution and ask for a waiver resolution at the request of businessmen and others who of the rules today would merely put this House in a are very much concerned regarding the manner in which position of getting a bill on the calendar which could not lottery licenses had been issued. be passed today, I will not ask that the rules be waived Therefore, Mr. Speaker, I am requesting in this resolu­ today, but I will put the leadership and all other mem­ tion that the House State Government Committee be au­ bers of the House on notice that at the first possible mo­ thorized to investigate how these establishments back ment it is legally available to me, I will call up for ac­ home are granted licenses to sell lottery tickets. tion the discharge resolution dealing with House bill No. 1717. I hope that that will not be necessary. MOTION TO SUSPEND RULES If I may continue, Mr. Speaker, I would like to make a statement with the consent of the House. The SPEAKER pro tempore. The Chair recognizes the I intend to offer an amendment to House bill No. 1717, gentleman from Philadelphia, Mr. Comer. which I hope will be accepted by the committee, and I hope Mr. COMER. I move for the immediate adoption of this the bill will be reported to the floor without the necessity resolution. of calling up the discharge resolution. The SPEAKER pro tempore. Has it been cleared by the The amendment will deal with the last sentence of the leadership? bill, which repeals section 8 of the present act and which Mr. COMER. I have cleared it with the leadership. will permit the Human Relations Commission to participate I move that the rules of the House be suspended for in the curriculum of the schools and in other matters not the immediate adoption of this resolution. dealing with the placement of individuals. On the question, I will call that up at the next session of this House, and Will the House agree to the motion? I thank the House and the Speaker for permitting me this Motion was agreed to opportunity to speak. The SPEAKER pro tempore. The clerk will read the resolution. HOUSE SCHEDULE RESOLUTION The SPEAKER pro tempore. The Chair recognizes the majority leader. Mr. COMER requested and obtained unanimous consent Mr. IRVIS. Mr. Speaker, for the information of the for suspension of the rules to offer the following resolu­ members of the House, the Governor will not address a tion for immediate consideration, which was read, con­ joint session. sidered and adopted: There are no further votes to be taken. We do not In the House of Representatives, April 4, 1972. 2622 LEGISLATIVE JOURNAL--HOUSE April 4,

By Messrs. COMER, KISTLER, S. E. HAYES, MYERS, Committee will have any idea of exactly how and where RITTER, O'PAKE, GALLEN, GEISLER, KLEPPER, these gigantic sums will be spent. JONES, GLEESON, STONE and ZELLER I urge the members of the House Appropriations Com­ mittee on both sides of the aisle to take it as seriously as HOUSE RESOLUTION No. 147 I think it should be taken, that they insist on full and The State Government Committee hold hearings to ex­ complete review, item by item, if necessary, of everything amine how establishments are granted State lottery con­ in that budget, even if it takes all spring. There is no cessions, the criteria used in this determination, and whether any establishment is violating State or Federal hurry. We have got to do it right. law by holding a lottery concession. Certainly, Mr. Speaker, the state's first $6 billion spend­ ing program depends much more and demands much more The SPEAKER pro tempore. The Chair recognizes the than just a cursory examination planned for it by the gentleman from Delaware, Mr. Kester. Appropriations Committee of this House. Mr. KESTER. Mr. Speaker, as you may recall two weeks Thank you. ago or a little over two weeks ago, I took this microphone and informed the House that I had asked for an investiga­ tion by the United States Department of Justice into the PERMISSION TO ADDRESS HOUSE way the lottery was being handled, the selections of Mr. SCHULZE requested and obtained unanimous con­ agents, and so forth. I am in full support with Mr. sent to address the House. Comer and his committee wanting to look into this mat­ Mr. SCHULZE. Mr. Speaker, all of us in this House are ter, and I would wonder if Mr. Comer would be so kind certainly proud to be Americans-proud of our heritage, as to, at the time they conduct the investigation, either proud of the men and women who have made our country contact me or ask me to come before his committee, and great. I would like to lay before him a lot of the information As Americans and as Pennsylvanians as well, we may that I have gathered and which has been brought to my take pride in the Valley Forge Park, pride in its historical attention since that time with relation to the lottery, its significance, pride in the careful and skillful preservation operation, the way the agents are selected, et cetera, et of this important and beautiful historic landmark in cetera. Pennsylvania. If Mr. Comer would grant me that courtesy, I would cer­ But now, Mr. Speaker, Valley Forge Park and its deep­ tainly appreciate it. rooted historical significance is in danger from commercial The SPEAKER pro tempore. Does the gentleman, Mr. exploitation. Comer, want to respond? Approximately 900 acres next to Valley Forge Park will soon be chopped up to cash in on the interest all Americans The Chair recognizes the gentleman from Philadelphia, have for visiting this Pennsylvania landmark. Mr. Comer. We cannot, we must not, allow this attempted exploita­ Mr. COMER. I would grant the gentleman this privilege, tion of American sacrifice and suffering that occurred Mr. Speaker, or anyone else. in Valley Forge during those cold, dark hours of our country's birth. BUDGET HEARINGS Therefore, Mr. Speaker, I urge the Democratic leader­ ship of this House to back my request to have the State The SPEAKER pro tempore. The Chair recognizes the Government Committee report out House bill No. 2039, gentleman from Dauphin, Mr. Gekas. For what purpose which would authorize the Department of Property and does the gentleman rise? Supplies to acquire this ground on behalf of the Pennsyl­ Mr. GEKAS. Mr. Speaker, I have in my hand here the vania Historical and Museum and the Valley Forge Park House Appropriations Committee's general fund budget Commissions. hearings' schedule. All of us should be very much con­ I further urge all members of this House to push for cerned about it. I am extremely worried about it. swift approval and enactment of House bill No. 2039 and Believe it or not, this committee is being asked to con­ urge that the Governor's Office lend its considerable sup­ sider and approve an administration budget totaling $6 port in preserving this spirit of our fight for freedom. billion in less than two weeks. It is self-evident, Mr. Failing to gain swift consideration, approval and enact­ Speaker, that the single most important work that we do ment of House bill No. 2039, I will offer an amendment to here in the House from year to year is the formulation the Capital Fund Budget at the appropriate time, request­ and approval of the yearly budget, and the single most ing that the state acquire this land for Valley Forge Park important facet of that work within the budget itself is so that not only Pennsylvanians but all Americans may the work of the Appropriations Committee. We rely continue to enjoy the meaning and the beauty that is Val­ heavily on what they discover and on what they can do ley Forge Park. within the scope of their duty as the Appropriations Com­ Thank you, Mr. Speaker. mittee in the House. Yet, it is being asked this year to rubber stamp de­ partmental spending at the rate of five, six, and even as PERMISSION TO ADDRESS HOUSE many as 10 departmental hearings a day between now and Mr. FRANKENBURG requested and obtained unanimous April 18. It is being asked to approve and submit to this consent to address the House. House for a final vote the state's first $6 billion spending Mr. FRANKENBURG. Mr. Speaker, I would like to program almost before the ink is dry on the budget it­ read for the record a letter from one of my constituents self. We just got them a couple of days ago. to Attorney General J. Shane Creamer. Mr. Speaker, I submit that if this schedule is kept no member of this House or of the House Appropriations (Reading:) 1972. LEGISLATIVE JOURNAL-HOUSE 2623

705 Lamar St., fatherless children. I guess I cannot completely Pittsburgh, Penna. 15221 place all the blame on you, as I feel you are re­ March 30, 1972 flecting the policies of Governor Shapp, who is directly defending such convicted vicious murder­ J. Shane Creamer ers as Stanley Haus, who murdered a 25 year old Attorney General Verona policeman, who left a wife and two Harrisburg, Penna. 17100 young children, then he kidnapped and raped a Sir: young girl, dropping her off, then kidnapping and killing a young mother and her two year old This letter is in regards to your investigation in baby. Penn Hills, which involved Officer Herrington in­ The killers of two Altoona officers. flicting a minor ankle wound to a thief in a stolen The Yablonski murders, etc. There is a long car, who upon stopping the car, chose to flee, list of others. ignoring the officer's command to stop. There are Governor Shapp should be charged with dere­ those who are nit-picking over a time discrepancy liction of duty by not carrying out the death of a few minutes of when this car was reported penalty. Since officials have adopted this policy, stolen. This time factor is subject to human error. a recent F.RI. report points out loud and clear­ Officer Herrington heard it before he stopped the statistically-in the past ten years, serious crimes car, he testified. Regardless of the nit-picking, have increased 167%, with only a 4% increase the facts are: THE CAR WAS A STOLEN ONE, in population. Crime will continue its rapid climb AND THE MAN WAS A THIEF. with people like yourself and Gover:u.or Shapp in This Police Department has been under heavy places of high power handing down e'Clicts to pro­ fire by the warped reasoning and demands of an tect criminals, and persecuting and demoralizing "Ad-Hoc" civil rights group, a few township police. officials and a high police official who are trying Two days after the officers were killed, and to make crime a civil rights, racial issue, which about six blocks from where they fell, a young crime is not. I feel these officials are acting out waitress, mother of four was killed in a holdup of fear resulting from vague threats of violence, by two young thugs. They shot her when she coercion and outright blackmailing techniques of reached for a dish containing her tips, then re­ the "Ad-Hoc" groups. Regretfully, one leader of marked, "You got what you deserved." these radical groups is a radio commentator who GUN CONTROLS ARE NOT THE ANSWER. uses the air waves to launch these attacks on New York City statistics bear this out. police or any other person who voices opposition Feelings are running high, with honest decent to their idiotic demands. This station, "WJAS" people turning to talking about vigilantes, self views are consistently of the New Far Left phil­ protection groups, retaliation groups, etc. They osophy. have been let down by politicians who promised It was with regret your edict of Dec. 31 to law crackdowns on crime, then when in office, cracked enforcement agencies to "use restraint" in stop­ down on the police instead. They have been dis­ ping criminals and in effect, you further hand­ appointed in the courts who keep turning loose cuffed those charged with protecting the law abid­ these criminals. The man involved in the police ing citizen and was of the same caliber of those killings was released two days before on an armed idiotic groups who would give the criminal more robbery charge. He had to pay only 8% of a rights than those of their victims. $10,000.00 Bond. He has a record of fifteen arrests It is rumored, out of your Pittsburgh Office, since 1965. The girl was just released on minimal that your investigation of the Herrington Case bond-Dope charge. goes even further than the idiocy of these radical Please don't take this as a threat, it is what I groups by recommending the suspension and even fear is coming. Unless you people in power begin the PROSECUTION of this fine officer who per­ NOW to crack down on the criminal, begin to formed his SWORN duty. It is this type of attacks protect the law abiding, tax paying citizen, and on the police by people in high places, such as begin NOW to back our police officers, you will yourself, that just resulted in the deaths of two bring about civil turmoil, rebellion, on a scale excellent, devoted Penn Hills Policemen. They you would have a hard time envisioning, that may were reluctant to use their firearms because of extend clear to the top Government officials. This recent attacks leveled at them. People who knew would mean an end to this Great Nation which Sgt. Schrott recently heard him remark that he we all love so dearly. was close to his retirement, and God forgive him I beg you to begin NOW to use the common facing any situation where he would have to sense and decency God gave you. draw his gun, as he was afraid to, due to the Sincerely yours, recent persecution of his fellow officers. Sgt. GENE ALLEN Schrott was reluctant, as he could have been suspended, lost his pension, etc. He thought the cc: The Pittsburgh PRESS suspect was a young boy (actually was a 24 year Green Tab old girl) and pleaded for the suspect to drop the WTAE Channel 4 gun. Sgt. Schrott is DEAD. Your type of action KDKA Channel 2 directly is of the type, I feel, that resulted in their Penn Hills Commissioners deaths, leaving two grieving widows and six Dist. Atty. Duggan 2624 LEGISLATIVE JOURNAL-HOUSE April 4,

Wilkinsburg Police by the voters last year, and I speak today not only as a Representative Richard Frankenburg woman and a legislator, but also as a member of the Gov­ Federal Communications Commission ernor's Commission on the Status of Women, which was Allegheny County Commissioners created to insure the implementation of this amendment. The Pittsburgh Post Gazette The passage by Congress of the equal rights amendment Progress is the culmination of 50 years of effort on the part of WIlC Channel 11 women's rights to initiate such legal reform. Governor Shapp There are those who say it is not necessary, but we Penn Hills Police need only look at the record to recognize that this is Wilkinsburg Council merely a rationalization in defense of the status quo. Senator Tom Nolan Look at the facts- Representative Rob't. Burkhart -Women earn on the average only two-thirds as much F.B.I. as men for equal work. -The average annual income of a college-educated Mr. Speaker, in his letter Mr. Allen briefly discusses woman over 25 is $5,000 less than that of a similarly edu­ the matter of Governor Shapp's not using the death pen­ cated man. alty. Just this last week a convicted slayer who failed This is particularly significant since, according to De­ to return from his weekend furlough from Western partment of Labor statistics, 41.2 percent of working Penitentiary was seized in an attempted holdup in which women are heads of household and, as such, are respon­ a jewelry store owner and his son were shot. Mr. Speaker, sible for providing for their families. I believe it is time this House pass legislation to protect And in the political field-let us not overlook that­ the law-abidingf citizens against such criminal elements. -Although women comprise 52 percent of the popula­ This is one of the reasons I personally voted against the tion, they are represented by less than four percent of our "Good Time Bill." Furthermore, I would like to see our elected officials both on the national and state levels. state and local law-enforcement officers be permitted to These statistics point up the problems which women do the job they have been trained to do without the face in only a few instances in employment and in the awful fear of unjustified prosecution hanging over their political arena. heads. I know I do not have to enumerate the problems for this Finally, Mr. Speaker, I am firmly convinced that capital House, because we unanimously passed Pennsylvania's punishment is a deterrent to certain types of crimes, and equal rights amendment last year. if we seriously desire to do something about the drug Now we have the opportunity to pass the ratifying legis­ problem in Pennsylvania, we will enact legislation similar lation so that these same legal guarantees can be extended to what has recently been passed in Manila, Philippines­ to all women on the national level. the death penalty for suppliers and manufacturers of We on the Commission on the Status of Women recog­ illegal drugs-for what these people are doing to our nize that the passage of legislation will not of itself solve youth is worse than death. the myriad problems which women face in employment, Thank you. politics and government, education and in a system of justice, but the guarantee of equal rights under the law PUBLIC HEARINGS will provide the legal foundation upon which social change can be built. The SPEAKER pro tempore. The Chair recognizes the And we look forward to your continued support for gentleman from Philadelphia, Mr. Lederer. legislation and programs which will translate the prin­ Mr. LEDERER. Mr. Speaker, as chairman of the task ciples of the equal rights amendment into fact for all force created under House resolution No. 95, I wish to women in Pennsylvania. announce that there will be public hearings of the task Today, Mr. Speaker, I take this opportunity to compli­ force on Friday, April 7, 1972, in City Hall, Philadelphia, ment the General Assembly of Pennsylvania and the Pennsylvania, and on Friday, April 14, 1972, in City Hall, voters of Pennsylvania for their leading role last year in Erie, Pennsylvania. extending equal rights and opportunities to women in our All members of the House, especially those residing in state. those two areas, are welcome to attend these task force And I urge all members to support this resolution, which public hearings and testify, if they see fit, or to inform is now before us, to ratify the amendment to the United other college officials and veteran officials that these States Constitution so that the extension of equal rights public hearings will be held on those two dates, so that under the law will be a part of our national constitution. we can take testimony concerning this task force ob­ Thank you, Mr. Speaker. jective.

PERMISSION TO ADDRESS HOUSE HOUSE BILL INTRODUCED AND REFERRED Mrs. CRAWFORD requested and obtained unanimous By Mrs. KELLY, Mrs. ANDERSON, Mrs. GILLETTE, consent to address the House. Mrs. TOLL, Mrs. CRAWFORD, Mrs. FAWCETT, Mrs. CRAWFORD. Mr. Speaker, it is with a great sense Messrs. FINEMAN, IRVIS, MEBUS, PIEVSKY, of pride that today I share in introducing legislation to BERSON, PERRY, DREIBELBIS, HOPKINS, ZELLER, ratify the equal rights amendment to the United States RAPPAPORT, MEHOLCHICK, COMER, Constitution. McCLATCHY, SCIRICA, KAUFMAN, RYAN, I am particularly proud because we in Pennsylvania DAGER, P. A. GLEASON, O'PAKE, RYBAK, have already made the equal rights amendment a part PEZAK, RUGGIERO, WALSH, ZORD, GREENFIELD, of our state constitution through an amendment approved KNEPPER, WELLS, JONES, BUTERA, SCHULZE, 1972. LEGISLATIVE JOURNAL-HOUSE 2625

GOOD, BURKARDT, LEE, F. E. GLEESO~ WHEREAS, Mr. Howard C. Shook has rendered twenty D. S. HAYES, F. M. ALLEN, YOHN, WOJDAK, years of service as Chief of Police of Middletown Township in Bucks County. Mr. Shook started as its first officer, and ZEARFOSS, R. W. WILT, HASKELL, FISCHER, now he leads one of the larger, better trained, and most CESSAR, STONE, KELLY, FEE, MYERS, STOUT, efficient forces in the county. Mr. Shook's enthusiasm and E. L. PARKER, HOVIS, ROWE and LUTTY dedication have contributed to the development of Middle­ HOUSE BILL No. 2070 town Township. Now therefore, the House of Representatives of the Com­ A Joint Resolution ratifying the proposed amendment to monwealth of Pennsylvania, extends its congratulations to the Constitution of the United States relative to equal Mr. Howard C. Shook for twenty years of outstanding ser­ rights for men and women. vice as Chief of Police of Middletown Township. and further directs that a copy of this citation be delivered Referred to Committee on RUles. to Mr. Howard C. Shook, Police Department, Middletown Township, Pennsylvania. MOTION TO SUSPEND RULES FOR CITATIONS JAMES L. WRIGHT The SPEAKER pro tempore. The Chair recognizes the EXTENDING SYMPATHY TO gentleman from Bucks, Mr. Wright. MRS. GEORGE FRANCIS STUCKEY Mr. WRIGHT. Thank you, Mr. Speaker. I would appreciate the waiving of the rules of the House HOUSE OF REPRESENTATIVES so I can have the immediate adoption of four congratula­ April 4, 1972 tory resolutions. The SPEAKER pro tempore. There will be a general WHEREAS, On March 29, 1972, George Francis Stuckey, a thirty-three year old Bristol Township police detective, motion for the suspension of the rules at this time for gave up his life while apprehending bank robbery suspects. congratulatory resolutions and citations which are to be George will be remembered by all as an excellent police presented to the House at this time. officer and a fine man who gave his life so the United States would be a better place in which to live. On the question, Now therefore, the House of Representatives of the Com­ Will the House agree to the motion? monwealth of Pennsylvania, commends George Francis Stuckey for his courageous s€:rvice and offers its deepest Motion was agreed to. sympathy to his wife and children upon the loss of their husband and father; The SPEAKER pro tempore. The gentleman's congratu­ and further directs that a copy of this citation be delivered latory resolutions and citations will now be read by the to Mrs. George Francis Stuckey, 27 Bittersweet Road, clerk. Levittown, Pennsylvania. Will the members who have resolutions and citations JAMESJ.A. GALLAGHER please send them to the desk immediately? MILTON BERKES JAMES L. WRIGHT The Chair recognizes the gentleman from Montgomery, Mr. Dager. CONGRATULATING MRS. JOSEPHINE KAMINSKI Mr. DAGER. Mr. Speaker, I have a congratulatory reso­ lution for Wissahickon High School on their champion­ In the House of Representatives, April 4, 1972. ship, but it is not here yet. I am told that it is typed Josephine Kaminski was born November 13, 1909, in and on its way. May I have that included when it does Philadelphia, daughter of Vincent and Anna Usewicz. arrive? She received her early education at St. Adalbert's Parochial The SPEAKER pro tempore. The Chair hears no ob­ School and completed it at Frankford High School. jection. On October 23, 1928, she was married to Thaddeus Ka­ minski and is the mother of Thaddeus J., who is at present with the City Planning Commission, and Mrs. Anne CITATIONS Konieczny, who is with the Philadelphia Housing Au­ thority. Barbara Ann, Carol Ann and Kenneth George CONGRATULATING PARKLAND FIRE COMPANY Kaminski and Valerie Ann and Elizabeth Ann Konieczny are her grandchildren. HOUSE OF REPRESENTATIVES Mrs. Kaminski became a member of Group 59 Polish April 4, 1972 Beneficial Association in 1935 where she was Treasurer until 1946. In 1938, she was elected a delegate to the WHEREAS, the Parkland Fire Company is celebrating Quadrennial Convention held in Reading, Pennsylvania, its fiftieth anniversary. This outstanding volunteer fire­ and has been a delegate to every convention since then. fighting unit is one of the oldest groups serving its com­ In 1942 in Chester, she was elected a member of the Board munity. Through the years, its members have saved the of Directors and in 1946 at the convention in Jersey City, lives of many people and prevented an enormous amount she was elected Vice-President of the Polish Beneficial of property damage. Also, Parkland Fire Company hosted Association, a Fraternal Life Insurance Society, and holds the fifty-eighth annual Firemen's Parade of the Bucks this office to the present time. Since 1947 to the present, County Firemen's Association. she has been serving as President of the Women's Division Now therefore, the House of Representatives of the Com­ of P.B.A. In 1946 she transferred to Group 166 and monwealth of Pennsylvania, extends its heartiest congrat­ through her efforts the group has increased from thirty­ ulations to the Parkland Fire Company on the occasion five to six hundred members; and for the past ten years of its fiftieth anniversary; she has served as President of Group 166. and further directs that a copy of this citation be delivered Her loyalty and dedication to the Polish Beneficial Asso­ to Parkland Fire Company, 831 Avenue D, Parkland, Penn­ ciationhelped to increase its membership. However, this sylvania, 19047. did not stop her from taking active part in other com­ JAMES L. WRIGHT munity organizations where she held many offices and undertook an active part in religious, civic, patriotic and CONGRATULATING MR. HOWARD C. SHOOK political affairs. She is also an active member of the Phil­ adelphia, New Jersey and Pennsylvania Fraternal Congress HOUSE OF REPRESENTATIVES and has been a member of the Executive Committee of the Philadelphia and Pennsylvania Fraternal Congress; there­ April 4, 1972 fore be .it 2626 LEGISLATIVE JOURNAL-HOUSE April 4,

RESOLVED, That the House of Representatives of the Besch and George Hopstetter were abducted at gunpoint Commonwealth of Pennsylvania congratulates Mrs. Jose­ by a murder suspect who held them hostage for three phine Kaminski on the occasion of her twenty-fifth anni­ hours; and versary as Vice-President of the Polish Beneficial Associa­ WHEREAS, Officers Besch and Hopstetter displayed tion, on her loyalty and devotion to this group, and on her courage, aplomb and skill at handling a desperate situa­ many religious, civic, patriotic, political and community tion; and activities and wishes her continued success; and be it WHEREAS, At an opportune time the officers seized the further occasion to overpower their armed abductor without RESOLVED, That copies of this resolution be given to harm to themselves or to other persons in a public ac­ Josephine Kaminski and to her two children, Thaddeus J. commodation. Kaminski and Mrs. Anne Konieczny. Now therefore, the House of Representatives of the Com­ monwealth of Pennsylvania, commends Millersville Bor­ JOHN PEZAK ough policemen Richard C. Besch and George Hopstetter STANLEY A. MEHOLCHICK on their courage and skill in doing their duty in a des­ BERNARD DOMBROWSKI perate situation at a time when the risk of harm to the WILLIAM J. LEDERER criminal, the public and themselves was at a minimum; JOSEPH A. SULLIVAN and further directs that a copy of this citation be delivered HARRY R. J. COMER to Mayor William Miller, Borough Building, Millersville Pennsylvania. ' CONGRATULATING PENN MANOR HIGH SCHOOL SHERMAN L. HILL BASKETBALL TEAM ROBERT C. ROWE HOUSE OF REPRESENTATIVES CONGRATULATING REFORM CONGREGATION April 4, 1972 KENESETH ISRAEL WHEREAS, The Penn Manor High School basketball HOUSE OF REPRESENTATIVES team was the undefeated champion of the Lancaster April 4, 1972 County High School Basketball League; and WHEREAS, The team compiled an overall record of WHEREAS, The Reform Congregation Keneseth Israel twenty-two wins and one loss during its regular season; is marking the one hundred twenty-fifth anniversary of its and founding during the month of March. Since its establish­ WHEREAS, Penn Manor High School advanced to the ment in 1847, this outstanding congregation has rendered PJ.A.A. Inter-District playoffs. exceptional service to God and to men, to the greater Now therefore, the House of Representatives of the Philadelphia community and to the Commonwealth and Commonwealth of Pennsylvania, congratulates Head Coach to members of the Jewish faith throughout the world. Harry Frey, Jr., his assistant coach, Gary McCartney; the Now therefore, the House of Representatives of the players, Jim Baker, Phil Barley, Doug Brenner, Ted Commonwealth of Pennsylvania, extends its heartiest con­ Huber, Don Martin, Mike Mull, Don Shellenberger, Barry gratulations to the Reform Congregation Keneseth Israel Smith, Wally Walker and Dean Weidman; the managers, on the occasion of its Quatri-centennial celebration; Donald White and Jeff Kauffman, the school administra­ and further directs that a copy of this citation be delivered tion and the student body for an outstanding achievement to Dr. Bertram W. Korn, Senior Rabbi, Reform Congre­ in basketball during the 1971-1972 basketball season; gation Keneseth Israel, Elkins Park, Pennsylvania, 19117. and further directs that a copy of this citation be delivered to Penn Manor High School, Millersville, Pennsylvania. CHARLES F. MEBUS DANIEL E. BEREN SHERMAN L. HILL MARVIN E. MILLER ROBERT C. ROWE CONGRATULATING ART MITTLER HOUSE OF REPRESENTATIVES COMMENDING TINA LEONARD April 4, 1972 HOUSE OF REPRESENTATIVES WHEREAS, Mr. Arthur (Art) Mittler, New Castle, will April 4, 1972 be honored with a testimonial dinner Wednesday, April WHEREAS, Tina Leonard, age ten,. rescued; three other 19 at the Knights of Columbus Home, Route 422 East. The children from the waters of a pond mto WhICh they fell Knights of Columbus Council 512, of which Mittler is a while ice skating; and Fourth Degree member, are sponsors of the affair; and WHEREAS, She showed great awareness, bravery and WHEREAS, Art Mittler has been active in the Knights quick thinking to save the children, ages four, six and of Columbus, Little League baseball, Eagles and Ecclesian ten, from possibly drowning. Clubs and the Catholic Day Committee. He and his wife, Now therefore, the House of Representatives of the the former Lillian A. Wright, will celebrate their fiftieth Commonwealth of Pennsylvania, commends Tina Leonard, wedding anniversary November 4, and he observed his ten, of Millersville, on her awareness, bravery and quick seventy-fourth birthday recently. thinking in plunging into icy waters of a pond at Millers­ Now therefore, the House of Representatives of the ville State College to rescue three small children, her Commonwealth of Pennsylvania, congratulates Arthur cousins, on Sunday, February 27; (Art) Mittler, New Castle, on his being honored with a and further directs that a copy of this citation be delivered testimonial dinner April 19, 1972 for his Knights of Colum­ to Miss Tina Leonard, 39 West Cottage Avenue, Millers­ bus, youth baseball and various other civic and fraternal ville, Pennsylvania. activities and wish him continued plaudits; SHERMAN L. HILL and further directs that a copy of this citation be delivered HAROLD A. HORN to Mr. Arthur (Art) Mittler, 521 Sunmer Avenue, New ROBERT C. ROWE Castle, Pennsylvania. THOMAS J. FEE COMMENDING MILLERSVILLE BOROUGH POLICEMEN RICHARD C. BESCH AND CONGRATULATING MRS. C. R. BRENNER GEORGE HOPSTETTER HOUSE OF REPRESENTATIVES HOUSE OF REPRESENTATIVES April 4, 1972 April 4, 1972 WHEREAS, Mrs. C. R. Brenner has been named "First WHEREAS, Millersville Borough policemen Richard C. Lady of New Castle for 1972," by the Beta Sigma Phi So- 1972. LEGISLATIVE JOURNAL-HOUSE 2627 rarity. Mrs. Brenner has been quite active in community WHEREAS, Since 1822, five generations of McMillens affairs and, over the years, has served as president of from John, the founder, to the present William and Wil­ Lawrence County P.T.A.; safety chairman of the State liam R, fourth and fifth respectively, have given high Board of Congress of Pennsylvania; charter member and standards of devoted service to the people of Greenville as president of New Castle Poetry Society; charter member, funeral directors. a member of the board of trustees, and president of the Now therefore, the House of Representatives of the board of directors of Hoyt Institute of Fine Arts; vice­ Commonwealth of Pennsylvania, congratulates William president of Lawrence County Federation of Women's and William R McMillen, proprietors of William McMillen Clubs; and president of the New Castle Women's Club. and Son, Funeral Directors, on the one hundred fiftieth Mrs. Brenner has willingly given her time to such com­ anniversary of the founding of this five-generation family munity drives as Cancer, Polio, Red Cross and YMCA­ business which has given high standards of devoted service YWCA. Mrs. Brenner is also quite active in church af­ to the people of Greenville and wishes them continued fairs, and is a member of the First United Methodist success; Church where she taught Sunday School for twenty years. and further directs that a copy of this citation be delivered Now therefore, the House of Representatives of the to William McMillen and Son, Funeral Directors, 285 Main Commonwealth of Pennsylvania, extends its hearty con­ Street, Greenville, Pennsylvania, 16125. gratulations to Mrs. C. R Brenner and expresses its grati­ tude to Mrs. Brenner for all she has done for New Castle, ROY W. WILT Lawrence County, and the Commonwealth of Pennsylva­ nia; CONGRATULATING RAY DELLATORE and further directs that a copy of this citation be delivered to Mrs. C. R Brenner, 1617 Huron Avenue, New Castle, HOUSE OF REPRESENTATIVES Pennsylvania. THOMAS J. FEE April 4, 1972 CONGRATULATING PATROLMAN WHEREAS, Ray Dellatore, 154-polmd wrestler from Trinity High School. won the State Wrestling Champion­ EDWARD A. KOVACH shin at the 1972 PIAA Competition; and HOUSE OF REPRESENTATIVES WHEREAS, Ray finished regular season competition with an enviable 23-0-1 record. April 4, 1972 Now therefore, the House of Representatives of the Commonwealth of Pennsylvania, extends its hearty con­ WHEREAS, The "senior" officer of the New Castle Police gratulations to Ray Dellatore and expresses its hope that Department, Patrolman Edward A. Kovach, has retired Ray meets with equal success in future endeavors; after thirty-four years of service. Mr. Kovach served as and further directs that a copy of this citation be delivered president of the local Fraternal Order of Police in addition to Ray Dellatore, Trinity High School, Washington, Penn­ to several other positions. His responsibilities have varied sylvania. from eight years as detective sergeant to five years as ROGER RAYMOND FISCHER sanitary policeman. Now therefore, the House of Representatives of the Commonwealth of Pennsylvania, extends its congratula­ CONGRATULTING ANGELO MORASCYZK tions to Patrolman Edward A. Kovach on an outstanding career in law enforcement, and offers him happiness and HOUSE OF REPRESENTATIVES good health in his retirement; April 4, 1972 and further directs that a copy of this citation be delivered to Mr. Edward A. Kovach, 1512 Morris Street, New Castle, WHEREAS. Angelo Morascyzk, 127-pound wrestler from Pennsylvania. Immaculate Concention High School, won his second con­ THOMAS J. FEE secntive PCIAA Wrestling Championship; and WHEREAS, Angelo's performance has substantially en­ CONGRATULATING MRS. ELISE W. KOEHNS abled Immaculate Conception High School to finish third in PCIAA competition for the second consecutive year. HOUSE OF REPRESENTATIVES Now therefore, the House of Representatives of the April 4, 1972 Commonwealth of Pennsylvania, extends its heartiest con­ gratulations to Angelo Morascyzk on his very outstanding WHEREAS, Mrs. Elise W. Koehns, Germantown, will achievements and exnresses its hope that Angelo will win celebr'lte her one hundredth birthday on April 11, 1972. yet a third PCIAA Wrestling Championship; Mrs. Koehns was born in Berlin, Germany and came to and further directs that a copy of this citation be delivered Phil<>rlplnhia as a young woman; and to Angelo Morascyzk, Immaculate Conception High School, WHEREAS, Shp. has been an adive member of the Beth­ Washington, Pennsylvania anien Lutheran Church since 1909. Members of the con­ gregation will join with the Lutheran Home Family in ROGER RAYMOND FISCHER a special chanel service on the Lutheran Home grounds on Anril 9, 1972 at Germantown; and WHEREAS. She is a very alert individual and is looking CONGRATULATING GEORGE O'KORN forward to this happy occasion. HOUSE OF REPRESENTATIVES Now therefore, the House of Representatives of the Commonwealth of Pennsylvania, congratulates Mrs. Elise April 4, 1972 W. Koehns, Germantown, on the great occasion of her one hundredth birthday anniversary April 11, 1972 and joins WHEREAS, George O'Korn, one hundred sixty-five her many friends in wishing her a happy celebration she pound wrestler from Canon-McMillan Senior Hirth S"hool, will fondly remember; won the State Wrestling Championship at the 1972 PIAA and further directs that a copy of this citation be delivered competition; and to Mrs. Elise VV. Koehns, Lutheran Home at Germantown, WHEREAS, George finished regular season competition 6950 Germantown Avenue, Philadelphia, Pennsylvania, with an enviable 21-1 record. 19119. Now therefore, the House of Representatives of the ROSE TOLL Commonwealth of Pennsylvania, extends its hearty con­ gratulations to George O'Korn and expresses its hope that CONGRATULATING WILLIAM AND George meets with equal success in future endeavors; and further directs that a copy of this citation be delivered WILLIAM R McMILLEN to George O'Korn, Canon-McMillan Senior High School, HOUSE OF REPRESENTATIVES Canonsburg, Pennsylvania. April 4, 1972 ROGER RAYMOND FISCHER 2628 LEGISLATIVE JOURNAL-HOUSE April 4,

CONGRATULATING MIKE GANTER for his outstanding accomplishments in the field of broad­ cast journalism; HOUSE OF REPRESENTATIVES and further directs that a copy of this citation be delivered to Mr. Fred Williams, Merion Arms North, 105 Glenn April 4, 1972 Road, Ardmore, Pennsylvania 19003. WHEREAS, Mike Ganter, 145-pound wrestler from Im­ RICHARD A. McCLATCHY maculate Conception High School, won the PCIAA Wres­ tling Championship; and WHEREAS, Mike's performance substantially enabled COMMENDING CHARLES CARLIN Immaculate Conception High School to finish third in the HOUSE OF REPRESENTATIVES 1972 PCIAA competition. Now therefore, the House of Representatives of the April 4, 1972 Commonwealth of Pennsylvania, extends its congratula­ tions to Mike Ganter and expresses its hope that Mike WHEREAS, Charles Carlin by his alert action notified meets with equal success in future endeavors; the fire department of an early morning blaze which de­ and further directs that a copy of this citation be delivered stroyed the Titusville Western Auto Store and thirteen to Mike Ganter, Immaculate Conception High School, adjoining apartments. As a result of his prompt action Washington, Pennsylvania. the twenty-two residents of the apartments were able to escape the blaze without serious injury. ROGER RAYMOND FISCHER Now therefore, the House of Representatives of the Commonwealth of Pennsylvania, commends Charles Car­ COMMENDING MEADVILLE lin for his quick-thinking heroic act, CHAMBER OF COMMERCE and further directs that a copy of this citation be delivered to Mr. Charles Carlin, 328 E. Elm Street, Titusville, Penn­ HOUSE OF REPRESENTATIVES sylvania H. HARRISON HASKELL April 4, 1972 K. LEROY IRVIS JAMES F. PRENDERGAST WHEREAS, The Meadville Chamber of Commerce has KENNETH B. LEE rendered outstanding service to its community. Through the years, this exemplary organization has been responsi­ ble for numerous good deeds and programs. Without a CONGRATULATING WISSAHICKON HIGH SCHOOL doubt, it is worthy of praise and admiration. BASKETBALL TEAM Now therefore, the House of Representatives of the Commonwealth of Pennsylvania, commends the Meadville HOUSE OF REPRESENTATIVES Chamber of Commerce for its outstanding record of ser­ April 4, 1972 vice to its community; and further directs that a copy of this citation be delivered WHEREAS, Wissahickon High School basketball team to Meadville Chamber of Commerce, Meadville, Pennsyl­ won the 1972 Pennsylvania Regional Championship. The vania. team distinguished itself throughout the season by its DAVID S. HAYES good sportsmanship and competitive spirit. H. HARRISON HASKELL Now therefore, the House of Representatives of the Commonwealth of Pennsylvania, extends its hearty con­ gratulations to Wissahickon High School, its basketball CONGRATULATING STATE POLICE OF team, coaching staff and enthusiastic students on this CRAWFORD AND ERIE COUNTIES fine season; and further directs that a copy of this citation be delivered HOUSE OF REPRESENTATIVES to Wissahickon High School, Ambler, Pennsylvania. April 4, 1972 CHARLES H. DAGER WHEREAS, The State Police of Crawford and Erie Counties, Incorporated is celebrating its Centennial Anni­ CONGRATULATING versary on April 28, 1972. This outstanding organization MR. AND MRS. DAVID D. BUSHEY has rendered outstanding service to the residents of its area. Through the years it has performed numerous good HOUSE OF REPRESENTATIVES deeds. Now therefore, the House of Representatives of the April 4, 1972 Commonwealth of Pennsylvania, extends its heartiest con­ gratulations to the State Police of Crawford and Erie WHEREAS, Mr. and Mrs. David D. Bushey (Mary S. Counties, Incorporated on the occasion of its Centennial Conrad), Susquehanna Township, celebrated their fiftieth Anniversary; wedding anniversary Saturday, April 8, 1972 with a recep­ and further directs that a copy of this citation be delivered tion at the Penbrook Community Building and they are to Paul E. McCaleb, Chief Sergeant, 914 East 28th Street, the parents of Delton C. Bushey and have two grandchil­ dren. Erie, Pennsylvania, 16504. Now therefore, the House of Representatives of the DAVID S. HAYES Commonwealth of Pennsylvania, congratulates Mr. and Mrs. David D. Bushey on the occasion of their fiftieth wed­ ding anniversary and wishes them much good health and COMMENDING FRED WILLIAMS many more happy years of marriage; HOUSE OF REPRESENTATIVES and further directs that a copy of this citation be delivered to Mr. and Mrs. David D. Bushey, Governor's Place, Sus­ April 4, 1972 quehanna Township, Harrisburg, Pennsylvania. WHEREAS,Fred Williams has been named the recipient H. JOSEPH HEPFORD of more than fifty major awards and citations for dis­ tinguished broadcast news journalism and community in­ volvement public service programming. Mr. Williams, CONGRATULATING ST. VINCENT'S-OUR LADY OF who is employed by WCAU in Philadelphia, was the first MT. CARMEL C.Y.O. BASKETBALL TEAM Pennsylvania radio writer/producer to win the George Foster Peabody Award which is the most distinguished HOUSE OF REPRESENTATIVES award in the broadcast industry. April 4, 1972 Now therefore, the House of Representatives of the Commonwealth of Pennsylvania, commends Fred Williams WHEREAS, St. Vincent's-Our Lady of Mt. Carmel 1972. LEGISLATIVE JOURNAL-HOUSE 2629

C.Y.O. basketball team, Minersville, Pennsylvania, won the CONGRATULATING MR. GEORGE F. McMANUS district championship in 1972. Mr. Jerry Foran is their coach. HOUSE OF REPRESENTATIVES Now therefore, the House of Representatives of the April 4, 1972 Commonwealth of Pennsylvania, con,gratulates St. Vin­ cent's-Our Lady of Mt. Carmel C.Y.O. basketball team, WHEREAS, George F. McManus has been elected chair­ Minersville, Pennsylvania, coached by Jerry Foran, on man of the National Legislative Conference at their an­ winning the district championship in 1972; nual convention held in Minneapolis, Minnesota. Mr. Mc­ and further directs that a copy of this citation be delivered Manus is also the executive director of the House Majority to Mr. Jerry Foran, Basketball Coach, St. Vincent's-Our Appropriations Committee. His election as chairman of Lady of Mt. Carmel C.Y.O., Minersville, Pennsylvania. the National Legislative Conference is an honor not only to Mr. McManus, but also to the Commonwealth of Penn­ JAMES A. GOODMAN sylvania. Now therefore, the House of Representatives of the CONGRATULATING DR. JOHN CRAIG ROAK Commonwealth of Pennsylvania, congratulates Mr. George F. McManus on his election as chairman of the National HOUSE OF REPRESENTATIVES Legislative Conference. April 4, 1972 and further directs that a copy of this citation be delivered to Mr. George F. McManus, Executive Director, House Ma­ WHEREAS, Dr. John Craig Roak, Pastor of Old Swedes jority Appropriations Committee, 245 Main Capitol Build­ Church, Philadelphia since 1933, has worked very hard to ing, Harrisburg, Pennsylvania. preserve and enhance Old Swedes both as a historic shrine and as a viable church with gratifying results; and MARTIN P. MULLEN WHEREAS, Old Swedes, through his efforts, was desig­ H. JACK SELTZER nated a historic shrine in 1941, Franklin D. Roosevelt sign­ ing the bill, the first site designated a historic shrine in CONGRATULATING IROQUOIS HIGH SCHOOL Philadelphia. BASKETBALL TEAM Now therefore, the House of Representatives of the Commonwealth of Pennsylvania, congratulates Dr. John HOUSE OF REPRESENTATIVES Craig Roak, Pastor of Old Swedes Church in Philadelphia on his successful efforts since 1933 to preserve and enhance April 4, 1972 Old Swedes, both as a historic shrine and as a viable WHEREAS, The Iroquois High School basketball team, church; coached by Mr. Thomas Barringer, won the 1971-1972 Erie and further directs that a copy of this citation be delivered County Class B and District 10 Basketball Championship. to Dr. John Craig Roak, 916 South Swanson Street, Phila­ Now therefore, the House of Representatives of the delphia, Pennsylvania. Commonwealth of Pennsylvania, congratulates the Iroquois SAMUEL RAPPAPORT High School basketball team, coached bv Mr. Thomas Barringer, on winning the 1971-1972 Erie County Class B and District 10 Basketball Chamuionship; CONGRATULATING AND COMMENDING and further directs that a copy of this citation be delivered EDWARD J. DICKSON to Mr. Thomas Barringer, Basketball Coach, Iroquois High School, Lawrence Park, Erie County, Pennsylvania. HOUSE OF REPRESENTATIVES FOREST W. HOPKINS April 4, 1972 WHEREAS Edward J. Dickson, a resident of the Bor­ CONGRATULATING JULIA OROSZ ough of Crafton, Allegheny County, Pennsylvania, since 1917 is commemorating his ninetieth birthday; and HOUSE OF REPRESENTATIVES WHEREAS, The Chartiers Council Knights of Columbus are honoring Edward J. Dickson on this momentous oc­ April 4, 1972 casion for his seventy-one years as a member of the WHEREAS, Julia Orosz has been elected recording sec­ Knights of Columbus. retary of the Allegheny County Division of the National Now therefore, the House of Representatives of the Heritage Association. The newly formed division will Commonwealth of Pennsylvania, congratulates and com­ work with its parent organization to preserve ethnic back­ mends Edward J. Dickson for his contribution to his fam­ grounds. The primary purpose of the National Heritage ily and friends and the well-being of our Commonwealth Association is to raise funds for scholarships and vocation­ for almost a century; al training for children of ethnic minorities. and further directs that a copy of this citation be delivered Now therefore, the House of Representatives of the to Mr. Edward J. Dickson, Crafton, Allegheny County, Commonwealth of Pennsylvania, extends its congratula­ Pennsylvania tions to Julia Orosz and expresses its hope that Julia's ef­ JAMES W. KNEPPER forts will enable the Allegheny County Division to suc­ cessfully promote the goals of the National Heritage As­ CONGRATULATING CHARLES CORYEA sociation; and further directs that a copy of this citation be delivered HOUSE OF REPRESENTATIVES to Julia Orosz, National Heritage Association, Allegheny County Division, Pittsburgh, Pennsylvania. April 4, 1972 RICHARD J. CESSAR WHEREAS, Charles Coryea, Greenville, a student at Reynolds High School, won the 1971-1972 State Heavy­ weight Wrestling title at the Farm Show Arena on March CONGRATULATING FIRE COMPANIES 18, 1972. Now therefore, the House of Representatives of the HOUSE OF REPRESENTATIVES Commonwealth of Pennsylvania, congratulates Charles April 4, 1972 Coryea, a student of the Reynolds High School, Greenville, on his winning the 1971-1972 State Heavyweight Wres­ WHEREAS,during the recent train wreck on the Penn tling title March 18, 1972 at the Farm Show Arena, Harris- Central tracks at Herndon, many organizations volunteered their services in order to aid the victims and assist in andburg;further directs that' a copy 0 f th'IS Cl'tat'Ion bdl'e e Ivered clearing the area. Volunteer fire companies such as the to Mr. Charles Coryea, Reynolds High School, Greenville, Herndon, Dalmatia, Hickory Corners, Pillow and Powels Pennsylvania. Valley assisted. These were joined by the Americus, ROY W. WILT Friendship, Goodwill and Rescue Hose Companies and the 2630 LEGISLATIVE JOURNAL-HOUSE April 4,

Steam Fire Engine Company Number One from Sunbury. Now therefore, the House of Representatives of the The efforts of these fire companies plus the other or­ Commonwealth of Pennsylvania, congratulates the White ganizations should be commended. Rose Post No. 556, V. F. W. of York on the occasion of its Now therefore, the House of Representatives of the fiftieth anniversary on April 6, 1972, and commends it for Commonwealth of Pennsylvania, takes this opportunity to its history of dedicated service to their community and express its heartfelt thanks to the above mentioned fire veterandom; companies as well as the Sunbury and Millersburg Fire and further directs that a copy of this citation be delivered Police, the Sunbury Salvation Army, the Americus and to Ladies Auxiliary, White Rose Post No. 556, V. F. W., Gratz Ambulance Services, the Milton REACT and the 929 E. Market Street, York, Pennsylvania. women of the Zion Lutheran Church, the Seibert Evan­ gelical Church and the Dornsife Lutheran Church; WILLIAM O. SHUMAN and further directs that a copy of this citation be delivered to the Herndon Fire Company on behalf of all the organiza­ CONGRATULATING MR. AND MRS. ROLAND WARD tions that participated by helping in any way possible. HOUSE OF REPRESENTATIVES FRANKLIN L. KURY April 4, 1972 CONGRATULATING MOUNT PENN HIGH SCHOOL WHEREAS, Mr. and Mrs. Roland Ward celebrated their BASKETBALL TEAM fifty-fifth wedding anniversary on March 12, 1972. They are the parents of two children and have three HOUSE OF REPRESENTATIVES grandchildren. Now therefore, the House of Representatives of the April 4, 1972 Commonwealth of Pennsylvania, congratulates Mr. and WHEREAS, The Mount Penn High School basketball Mrs. Roland Ward on the occasion of their fifty-fifth wed­ team won the 1971-72 State Class "C" Championship; and ding anniversary and wishes them much good health and WHEREAS, This is the second consecutive year Mount many more happy years of marriage; Penn High School has won this honor, and the third time and further directs that a copy of this citation be delivered in five years. to Mr. and Mrs. Roland Ward, 537 West Washington Street, Now therefore, the House of Representatives of the Slatington, Pennsylvania. Commonwealth of Pennsylvania, congratulates Mount JOSEPH R. ZELLER Penn High School and Coach Bob Wheeler on this out­ standing achievement, and expresses its hope that "The CONGRATULATING ST. JOHN'S UNITED CHURCH Mounts" meet equal success in all future seasons; OF CHRIST OF LAURYS STATION and further directs that a copy of this citation be delivered to Mount Penn High School, Mount Penn, Pennsylvania. HOUSE OF REPRESENTATIVES JAMES J. GALLEN April 4, 1972 WILLIAM G. PIPER RUSSELL J. LaMARCA WHEREAS, St. John's United Church of Christ, also LESTER K. FRYER known as Miller's Church, Laurys Station, is celebrating its one hundredth anniversary May 12, 1972; and CONGRATULATING MANHEIM TOWNSHIP WHEREAS, Formal ceremonies marking the anniversary of the founding on May 12, 1872 will be celebrated by the HIGH SCHOOL RIFLE TEAM Reverend Dr. William T. Longsdorf on May 21, 1972, Pente­ cost Sunday. HOUSE OF REPRESENTATIVES Now therefore, the House of Representatives of the April 4, 1972 Commonwealth of Pennsylvania, congratulates the St. John's United Church of Christ of Laurys Station on its WHEREAS, The Manheim Township High School rifle one hundredth anniversary May 12, 1972 and wishes it team was undefeated in twelve Lancaster County league continued outstanding service to its congregation and com­ matches; and munity; WHEREAS, The team went on to win the P.I.A.A. State and further directs that a copy of this citation be delivered championship. to Reverend Warren E. Bates, St. John's United Church of Now therefore, the House of Representatives of the Christ, Laurys Station, Pennsylvania. Commonwealth of Pennsylvania, congratulates Coach Larry Woods and his Manheim Township High School Rifle JOSEPHR. ZELLER Team on winning the first State rifle championship in the history of the school; and further extends congratulations CONGRATULATING MR. AND MRS. HENRY M. PRICE to Dave Ament, Susie Zipperlein, Bob Ulrich, Dave Miller, Steve Weibel, Jeff Brand, Kristin Hill, Tim Konrad, Jim HOUSE OF REPRESENTATIVES Horst and Charles Morrison, members of the 1972 State April 4, 1972 rifle championship team; and further directs that a copy of this citation be delivered WHEREAS, Mr. and Mrs. Henry M. Price celebrated to Mr. Larry Woods, Coach, Manheim Township High their fiftieth wedding anniversary on March 11, 1972 with School Rifle Team, Manheim Township, Pennsylvania. a family dinner. They are the parents of nine, and have seventeen grand­ MARVIN E. MILLER children and three great-grandchildren. Now therefore, the House of Representatives of the CONGRATULATING WHITE ROSE POST Commonwealth of Pennsylvania, congratulates Mr. and Mrs. Henry M. Price on the occasion of their fiftieth wed­ NO. 556, V. F. W. OF YORK ding anniversary, and wishes them much good health and HOUSE OF REPRESENTATIVES many more happy years of marriage; and further directs that a copy of this citation be delivered April 4, 1972 to Mr. and Mrs. Henry M. Price, Mill Road, Coopersburg, Pennsylvania. .WHEREAS, The Ladies Auxiliary to the White Rose JOSEPHR. ZELLER Post No. 556, V. F. W., York, Pennsylvania, will celebrate their fiftieth anniversary on April 6, 1972, with a banquet and appropriate accompanying ceremonies; and COMMENDING FRANCIS B. MOYER WHEREAS, This auxiliary, through the years, has ren­ HOUSE OF REPRESENTATIVES dered dedicated service to their community and veteran­ dom. April 4, 1972 1972. LEGISLATIVE JOURNAL--HOUSE 2631

WHEREAS, Mr. Francis B. Moyer has been active in the CONGRATULATING MACUNGIE GRANGE 1569 Veterans of Foreign Wars for over twenty-five years. He is a past Commander of V.F.W. Pos~ 13 in Allentown, a~d HOUSE OF REPRESENTATIVES is presently Adjutant of the 8th LehIgh-Bucks County DIS­ April 4, 1972 trict. Mr. Moyer, who is a veteran of World War II, served as State Chairman of the V.F.W. Voice of Democracy Com­ WHEREAS, The Macungie Grange 1569 celebrated its mittee. fifty-ninth anniversary on March 11, 1972 with a dinner at Now therefore the House of Representatives of the the Grange Hall. This fraternal family organization is Commonwealth of Pennsylvania, commends Mr. Francis B. dedicated to the betterment of agriculture. Moyer on his outstanding contributions to the Veterans of Now therefore, the House of Representatives of the Foreign Wars; Commonwealth of Pennsylvania, extends its congratula­ and further directs that a copy of this citation be delivered tions to the Macungie Grange 1569 and expresses its hope to Mr. Francis B. Moyer, 1920 South Delaware Street, that the Grange will continue its fine work for many more Allentown, Pennsylvania 18103. years; JOSEPH R. ZELLER and further directs that a copy of this citation be delivered to Lester B. Schantz, Master, Macungie Grange 1569, Ma­ cungie, Pennsylvania. CONGRATULATING ROBERT STONEBACK HOUSE OF REPRESENTATIVES JOSEPH R. ZELLER April 4, 1972 CONGRATULATING ALLENTOWN CRESTETTES WHEREAS Robert Stoneback was recently honored by HOUSE OF REPRESENTATIVES the Emmaus 'Rotary Club on the occasion of his ninety­ first birthday. Bob was an organizer and past president of April 4, 1972 the Emmaus Chamber of Commerce, a member of the Emmaus School Board for twenty-four years, borough sec­ WHEREAS, The Allentown Crestettes are competing in retary for twenty-six years, a member of the Lehigh the National playoffs for women's amateur basketball. The County Prison Board for thirty years, and was active in Allentown Crestettes are members of the Eastern Women's many other civic and church organizations. Amateur Basketball League under AAU. auspices. The Now therefore the House of Representatives of the Crestettes are Region 2 champions, and are bringing an ~f 8-0 league record into the playoffs. Commonwealth Pennsylvania, extends its congratula­ Now therefore, the House of Representatives of the tions to Robert Stoneback on receiving this honor and ex­ Commonwealth of Pennsylvania, congratulates the Allen­ presses its gratitude for the work Bob has done for town Crestettes on an outstanding season, and wishes them Emmaus, Lehigh County, and the Commonwealth of Penn­ the best of luck in the National playoffs; sylvania; and further directs that a copy of this citation be delivered and further directs that a copy of this citation be delivered P~nnsylvania. to Mr. Carl M. Pence, 3211 Cambridge Circle, Allentown, to Robert Stoneback, Emmaus, Pennsylvania. JOSEPH R. ZELLER JOSEPH R. ZELLER CONGRATULATING PAUL PACKER SAMUEL W. FRANK WILLIAM H. ECKENSBERGER HOUSE OF REPRESENTATIVES JAMES P. RITTER April 4, 1972 CONGRATULATING MR. AND MRS. WHEREAS, Paul Packer, a student at Bald Eagle A~ea LAWRENCE O. REITZ High School, captured the 1972 P.I.AA 95-pound wrestlmg championship. This outstanding young man defeated his HOUSE OF REPRESENTATIVES opponent by the score of 3-0 to gain this coveted crown. April 4, 1972 To achieve this great honor, Paul exhibited courage and dedication of the highest quality. Throughout the season WHEREAS, Mr. and Mrs. Lawrence O. (Irene DeLong) he gained the respect and admiration of all those who saw Reitz, New Tripoli, R. 1, celebrated their fifty-fifth wed­ him wrestle. ding anniversary March 4, 1972, with a dinner and family Now therefore, the House of Representatives of the party at the home of their son, Carl. They are the parents Commonwealth of Pennsylvania, extends its heartiest con­ of three children and have eight grandchildren and six gratulations to Paul Packer for winning the 1972 P.I.AA great-grandchildren. 95-pound wrestling championship; Now therefore, the House of Representatives of the and further directs that a copy of this citation be delivered Commonwealth of Pennsylvania, congratulates Mr. and to Paul Packer, Bald Eagle Area High School, Wingate, Mrs. Lawrence O. Reitz, New Tripoli, R. 1, on the occasion Pennsylvania. of their fifty-fifth wedding anniversary and wishes them RUSSELL P. LETTERMAN much good health and many more happy years of mar­ riage; CONGRATULATING MR. AND MRS. JOHN WENRICH and further directs that a copy of this citation be delivered HOUSE OF REPRESENTATIVES to Mr. and Mrs. Lawrence O. Reitz, New Tripoli, R. 1, Pennsylvania. April 4, 1972 JOSEPH R. ZELLER WHEREAS, Mr. and Mrs. John Wenrich of Yeadon cele­ brated their sixtieth wedding anniversary on February 13, CONGRATULATING GREAT VALLEY 1972 with a dinner at the Springfield Country Club. They GIRL SCOUT COUNCIL are the parents of five children, fifteen grandchildren and eight great-grandchildren. HOUSE OF REPRESENTATIVES Now therefore, the House of Representatives of the A.pril 4, 1972 Commonwealth of Pennsylvania, congratulates Mr. and Mrs. John Wenrich on the occasion of their sixtieth wed­ WHEREAS, The Great Valley Girl Scout Council will ding anniversary and wishes them many more years to­ join with nearly four million Girl Scouts to celebrate the gether and much good health; sixtieth anniversary of Girl Scouting. This outstanding and further directs that a copy of this citation be delivered organization is dedicated to helping girls from seven to to Mr. and Mrs. John Wenrich, 761 Fern Street, Yeadon, seventeen to become responsible citizens. The Girl Scouts Pennsylvania. are to be congratulated for the outstanding job they have JOSEPH T. DOYLE done with our American youth. 2632 LEGISLATIVE JOURNAL-HOUSE Apri14,

Now therefore, the House of Representatives of the Now therefore, the House of Representatives of the Commonwealth of Pennsylvania, extends its congratula­ Commonwealth of Pennsylvania, extends its heartiest con­ tions to the Great Valley Girl Scout Council and wishes gratulations to the Richland Township Basketball Team them many more years of continued success; for coming in third in the Class "B" PIAA Basketball and further directs that a copy of this citation be delivered Championship, for being champions of District 6 and for to Great Valley Girl Scout Council, 33 North 15th Street, winning twenty-four consecutive games; Allentown, Pennsylvania. and further directs that a copy of this citation be delivered to Richland Township Basketball Team, Richland Town­ JOSEPH R. ZELLER ship High School, 1446 Scalp Street, Johnstown, Pennsyl­ vania 15904. HONORING MRS. ELAINE T. WORRELL HARRYA. ENGLEHART JOHN P. MURTHA HOUSE OF REPRESENTATIVES PATRICK A. GLEASON April 4, 1972 PAUL J. YAHNER WHEREAS, Lt. Paul L. Worrell, son of Mr. and Mrs. CONGRATULATING DONALD F. BROSIUS Harry (Elaine) Worrell, Philadelphia has been missing in action in Southeast Asia since December 2, 1966; and HOUSE OF REPRESENTATIVES WHEREAS, His mother is the Assistant State Coordi­ nator of the National League of Families of American April 4, 1972 Prisoners and Missing in Southeast Asia, which organiza­ WHEREAS, Donald F. Brosius, a senior at Central Cam­ tion has asked the Governor to proclaim the week of bria High School, won the State American Legion oratori­ March 26-April 1, 1972 as the "Week of Concern for Pris­ cal contest held March 13, 1972 at the Cyclorama Audi­ oners of War and Missing in Action in Southeast Asia." torium in Gettysburg, for which he received a trOphy, five Now therefore, the House of Representatives of the hundred dollars and a paid trip to the 1972 State American Commonwealth of Pennsylvania, honors Mrs. Elaine T. Legion Convention in Philadelphia in July; and Worrell of Philadelphia on her unstinting endeavors on WHEREAS, Brosius will compete April 10 in the natural behalf of the American Prisoners and Missing in Southeast regional semifinals to be held at the U.S. Naval Academy, Asia and their families and hopes that her son, along with Annapolis, Maryland; all the other prisoners and missing, will soon be returned Now therefore, the House of Representatives of the home in good health; Commonwealth of Pennsylvania, congratulates Donald F. and further directs that a copy of this citation be delivered Brosius, Ebensburg, on winning the State American Legion to Mrs. Harry Worrell, Assistant State Coordinator, 810 oratorical contest held March 13, 1972 at the Cyclorama Byberry Road, Philadelphia, Pennsylvania 19116. Auditorium in Gettysburg and wishes him continued suc­ JOHN PEZAK cess in the national regional semifinals at Annapolis, Mary­ SAMUEL W. FRANK land, on April 10; REID L. BENNETT and further directs that a copy of this citation be delivered WILLIAM O. SHUMAN to Mr. Donald F. Brosius, 110 Park Street, Ebensburg, Pennsylvania. CONGRATULATING YOUNG MEN'S CHRISTIAN HARRY A. ENGLEHART ASSOCIATION OF GERMANTOWN JOHN P. MURTHA PATRICK A. GLEASON HOUSE OF REPRESENTATIVES PAUL J. YAHNER April 4, 1972 CONGRATULATING MRS. ANNA GOLDBERG WHEREAS, The Young Men's Christian Association of HOUSE OF REPRESENTATIVES Germantown, Pennsylvania, incorporated in 1871 as an independent association to provide for the spiritual, phys­ April 4, 1972 ical and mental well being of boys and young men, re­ WHEREAS, Mrs. Anna Goldberg celebrated a birthday cently celebrated its One Hundredth Anniversary. during the month of February. This wonderful and dis­ Now therefore, the House of Representatives of the tinguished lady has gained the love, respect and admira­ Commonwealth of Pennsylvania, congratulates the Young tion of all those who have come in contact with her. Men's Christian Association of Germantown, upon its One Now therefore, the House of Representatives of the Hundredth Anniversary and commends its leaders who Commonwealth of Pennsylvania, extends its heartiest con­ have given unselfishly of their time and efforts so that gratulations to Mrs. Anna Goldberg on the occasion of her youth may develop into outstanding citizens; birthday; and further directs that a copy of this citation be delivered and further directs that a copy of this citation be delivered to the Young Men's Christian Association of Germantown, to Mrs. Anna Goldberg, E. 201 Park Towne Place, 22nd 5722 Greene Street, Philadelphia, Pennsylvania 19144. and The Parkway, Philadelphia, Pennsylvania 19103. FRANCIS J. RUSH ALVIN KATZ WILLIAM W. RIEGER EARL VANN ULYSSES SHELTON CONGRATULATING MRS. JEANETTE SANDLER ROSE TOLL HOUSE OF REPRESENTATIVES CONGRATULATING RICHLAND TOWNSHIP April 4, 1972 BASKETBALL TEAM WHEREAS, Mrs. Jeanette Sandler will celebrate her fifty-fifth birthday May 17, 1972. Through the years, Mrs. HOUSE OF REPRESENTATIVES Sandler has gained the love, respect and admiration of all those who have come in contact with her. April 4, 1972 Now therefore, the House of Representatives of the WHEREAS, The Richland Township Basketball Teain Commonwealth of Pennsylvania, extends its heartiest con­ finished third in the Class "B" pIAA Basketball Cham- gratulations to Mrs. Jeanette Sandler on the occasion of pionship. These outstanding young men were also the her fifty-fifth birthday; champions of District 6 and compiled a winning streak of and further directs that a copy of this citation be delivered twenty-four consecutive games. Throughout the Season to Mrs. Jeanette Sandler, 6932 Rutland Street, Philadel­ and the playoffs, these young men gained the respect and. phia, Pennsylvania 19149. admiration of all those who .viewed their play. ALVIN KATZ 1972. LEGISLATIVE JOURNAL-HOUSE 2633

CONGRATULATING SAUCON VALLEY HIGH vice with a banquet at the CR Club in Philadelphia. Mr. SCHOOL BASKETBALL TEAM McCleary has been the most active service officer in any department of this outstanding organization. HOUSE OF REPRESENTATIVES Now therefore, the House of Representatives of the Commonwealth of Pennsylvania, commends Mr. Richard F. April 4, 1972 McCleary on twenty-five years as a National Service Offi­ WHEREAS, Saucon Valley High School qualified for cer of AMVETS, and expresses its hope that his dedication District Basketball Playoffs; and and enthusiasm will continue in the future; WHEREAS, Saucon Valley High School won the Class and further directs that a copy of this citation be delivered "B" Basketball Championship by defeating North Schuyl­ to Mr. Richard F. McCleary, Veterans Administration Cen­ kill, 59-57; and ter, Wissahickon Avenue and Manheim Street, Philadel­ WHEREAS, Saucon Valley High School then entered phia, Pennsylvania 19101. the Class "B" Interdistrict Finals, losing to Perkiomen ADRIANO MASTRANGELO Valley 69-60. MATTHEW F. COPPOLINO Now therefore, the House of Representatives of the JOHN H. HAMILTON Commonwealth of Pennsylvania, congratulates the team ALVIN KATZ which consists of Jay DeUoe, Frank Johnson, Fred Poloho­ vich Scott Eckert Larry Hitchcock, Dick Albright, Bill King, Greg Kuti,' Larry Fredericks, Dave Riegel, J~ff THANKING JOHN A. BOROWSKI Gross, Mike Moyer, Greg Adamek, Manager Dave Sheriff HOUSE OF REPRESENTATIVES and their Coaches, Francis Vari and Dave St~ohl, .upon their outstanding season and Class "B" ChampIOnshIps; April 4, 1972 and further directs that a copy of this citation be delivered to Saucon Valley High School Basketball Team, 1971-?2, WHEREAS, John A. Borowski recently retired as man­ Walnut & Constitution Avenue, Hellertown, Pennsylvarua. ager of the Allentown office of the Bureau of Employment Security, Pennsylvania State Employment Service. John JAMES F. PRENDERGAST worked for the Bureau of Employment Security for the WILLIAM C. RYBAK first thirty-five years of its existence and was quite active RUSSELL KOWALYSHYN in civic affairs as well. PHILIP S. RUGGIERO Now therefore, the House of Representatives of the Commonwealth of Pennsylvania, extends its thanks to John A. Borowski for his many years of service to Allen­ CONGRATULATING SAUCON VALLEY HIGH town, Lehigh County and the Commonwealth of Pennsyl­ SCHOOL WRESTLING TEAM vania; and further directs that a copy of this citation be delivered HOUSE OF REPRESENTATIVES to John A. Borowski, 724 Fairmount Avenue, Fullerton, April 4, 1972 Pennsylvania. WHEREAS, Saucon Valley High School's wrestling team WILLIAMH. ECKENSBERGER won the Lehigh-Northampton Wrestling League with 14 JOSEPH R. ZELLER wins and no losses, as well as its second District XI wres­ SAMUEL W. FRANK tling title with 83lhpoints; and JAMES P. RITTER WHEREAS, The team then advanced 5 men, Rocky Chunko, 120 pounds; Dan Santoro, 133 pounds; Dennis SALUTING PHILADELPHIA PHILLIES Underkoffler 138 pounds; Don Rohn, 145 pounds; and Fred BASEBALL CLUB Kugler 165 pounds, into the regionals where Chunko, San­ toro, R~hn and Underkoffler survived and advanced to the HOUSE OF REPRESENTATIVES State finals; and WHEREAS, Dan Santoro went on to win the P.I.A.A. 133 April 4, 1972 pound championship on March 18, 1972. Now therefore, the House of Representatives of the WHEREAS, The Philadelphia Phillies Baseball Club will Commonwealth of Pennsylvania, congratulates the Saucon sponsor "Town Nights" during the 1972 baseball season. Valley High School's wrestling team which consists of The Phillies will honor approximately thirty Pennsylvania Rusty Chunko, Barry Cambiotti, Jim Casilio, Don Severn, communities during the season. The mayor of each com­ Dennis Tegyi, Richard Ziegler, Dale Weaver, Tom Gior­ munity will throw out the ball to begin play and bands dani Dan Travisano, Tom Lechner, Rocky Chunko, Dan from the community will provide entertainment. Santoro, Dennis Underkoffler, Don Rohn and Fred Kugler, Now therefore, the House of Representatives of the Manager Mark Carson and Coaches, Charles Bartolet and Commonwealth of Pennsylvania, salutes the Philadelphia Douglas Koch, upon their outstanding season and their Phillies Baseball Club and expresses its thanks for the district championship; and also congratulates Coach Phillies' many contributions to the Commonwealth; Charles Bartolet for being selected "Coach of the Year" by and further directs that a copy of this citation be delivered the Pennsylvania Wrestling Coaches Association; to the Philadelphia Phillies Baseball Club, Philadelphia, and further directs that a coPy of this citation be delivered Pennsylvania. to Mr. Charles Bartolet, Head Coach, Wrestling Team, SAMUEL W. FRANK Saucon Valley High School, Walnut and Constitution Ave­ FRANCIS E. GLEESON nue, Hellertown, Pennsylvania 18055. MAX PIEVSKY JOHN H. HAMILTON JAMES F. PRENDERGAST MATTHEW W. COPPOLINO WILLIAM C. RYBAK ALVIN KATZ RUSSELL KOWALYSHYN ADRIANO MASTRANGELO PHILIP S. RUGGIERO COMMENDING IMMACULATA COLLEGE COACH COMMENDING MR. RICHARD F. McCLEARY CATHERINE RUSH AND TEAM HOUSE OF REPRESENTATIVES HOUSE OF REPRESENTATIVES April 4, 1972 April 4, 1972 WHEREAS, Mr. Richard F. McCleary has been a Na­ WHEREAS, Immaculata College in Immaculata, Chester tional Service Officer of the American Veterans of World County, Pennsylvania, has brought national fame to the War II and Korea for twenty-five years. The service offi­ Commonwealth by winning the first National Intercolle­ cers of AMVETS are celebrating twenty-five years of ser- giate Championship in basketball, Division of Girls' and 2634 LEGISLATIVE JOURNAL-HOUSE April 4,

Women's Sports. Furthermore, this distinction was CONGRATULATING WEST YORK HIGH achieved in competition with large state universities from SCHOOL GOLF TEAM all over the nation and Immaculata is a liberal arts college of less than 800 enrollment without a major athletic pro­ HOUSE OF REPRESENTATIVES gram. Outstanding dedication and devotion bv the coach and players made this series of victories· possible. April 4, 1972 Now therefore, the House of Representatives of the WHEREAS, The West York High School golf team cap­ Commonwealth of Pennsylvania, commends the coach, tured the York County Golf Championship. These young Catherine Rush and each member of the winning team, men gained the respect and admiration of all those who co-caDtains Maureen Mooney and Patricia ODilo; Theresa viewed their play. Shank, Janet Rush, Maureen Stuhlman, Janet Young, Now therefore, the House of Representatives of the Denise Conway and Maureen Muth; Commonwealth of Pennsylvania. extends its heartiest con­ and further directs that a CODy of this citation be delivered gratulations to the West York High School golf team for to Mrs. Catherine Rllsh, Basketball Coach, Immaculata winning the York County Golf Championship; College, Immaculata, Pennsylvania. and further directs that a copy of this citation be delivered RICHARD SCHULZE to West York High School, 1800 Bannister Street, York, Pennsylvania. COMMENDING PAUL W. SCHISLER STANFORD BUD LEHR HOUSE OF REPRESENTATIVES CONGRATULATING THOMAS R. BROWN April 4, 1972 HOUSE OF REPRESENTATIVES WHEREAS, Paul W. Schisler will be honored at a testi­ April 4, 1972 monial dinner on the occasion of his retirement. Mr. Schis­ ler, who served the citizens of Moore Township as a WHEREAS, Thomas R. (Tom) Brown, Erie, has been justice of the peace for thirty-six years, has been an out­ named as one of the 1972 winners of the Gerald L. Phil­ standing public servant. Through the years, Mr. Schisler lippe Awards for "Distinguished Public Service" by the gained the resDect and admiration of all those who came General Electric Foundation; and in contact with him. WithOllt a doubt he was an inval­ WHEREAS, Basis of the Phillipne Awards is outstanding uable member of minor judiciary. personal leadership and accomplishments in the area of Now therefore, the House of Representatives of the Dublic service, beyond normal work assignments and Mr. Commonwealth of Pennsylvania, commends Paul W. Brown earned recognition for tireless leadership activities Schisler for his thirty-six years of outstanding public ser­ in charitable, education and health programs in greater vice to his community and wishes him health and happi­ Erie over many years; and ness in his retirement; WHEREAS, Mr. Brown is an inspector in Aerospace and further directs that a copy of this citation be delivered Electrical Systems Programs for General Electric, is mar­ to Mr. Paul W. Schisler, Moorestown, Pennsylvania. ried to the former Edith D'Aurora and they have a son, RUSSELL KOWALYSHYN two daughters and a grandchild. JAMES F. PRENDERGAST Now therefore, the House of Representatives of the PHILIP S. RUGGIERO Commonwealth of Pennsylvania, congratulates Thomas R. WILLIAM C. RYBAK Brown, Erie, as one of the 1972 Gerald L. Phillippe Awards for "Distinguished Public Service" named by the General Electric Foundation and wishes him continued success; CITING HONORABLE JOHN V. DIGGINS and further directs that a copy of this citation be delivered HOUSE OF REPRESENTATIVES to Mr. Thomas R. Brown, 3520 Hazel Street, Erie, Pennsyl­ vania. April 4, 1972 WENDELL R. GOOD WHEREAS, The Institute of Judicial Administration, CONGRATULATING MONACA HIGH SCHOOL New York, New York, issuing its nineteenth annual reDort of prompt disposition of personal injury cases tried before BASKETBALL TEAM juries, has found the Court of Common Pleas of Delaware HOUSE OF REPRESENTATIVES County, John V. Diggins, President Judge, the leader among all counties of 600,000 in the United States with a April 4, 1972 waiting time from service of answer to trial of 4.5 months, the country average being 3-4 years. WHEREAS, The Monaca High School basketball team WHEREAS, Judge Diggins attributes Delaware County's won both the section 18-B and W.P.I.A.L. championships high rank to dedicated, hard-working judges, a cooperative this year and was runnerup in the State Class B champion­ Bar and an efficient Court Administrator Department. ship. Pretrial Conciliation Conferences are also helpful. Now therefore, the House of Representatives of the Now therefore, the House of Representatives of the Commonwealth of Pennsylvania, congratulates Monaca Commonwealth of Pennsylvania, cites the Honorable John High School, Coach Otto Pritchard, Assistant Coach David V. Diggins, President Judge of the Court of Common Pleas Nichol, the team and its cheerleaders on its excellent of Delaware County on that court's recognition by the showing and the outstanding sportsmanship demonstrated Institute of Judicial Administration of New York, New by it and expresses its h0pe that it continue to enjoy well York as the leader among all counties of 600,000 in the deserved success; United States in disposing of personal injury cases with a and further directs that a copy of this citation be delivered waiting time from service of answer to trial of 4.5 months; to Monaca High School, Coach Otto Pritchard, Assistant and further directs that a copy of this citation be delivered Coach David Nichol, and all of Monaca High School, to Court of Common Pleas of Delaware County, John V. Monaca, Pennsylvania. Diggins, President Judge, Court House, Front and South ROBERT O. DAVIS Streets, Media, Pennsylvania. CHARLES D. STONE EDMUND JONES ROBERT K. HAMILTON DONALD M. McCURDY JOSEPH P. KOLTER HERBERTK. ZEARFOSS GEORGE R. JOHNSON CONGRATULATING WAYNE PACKER THOMAS H. WORRILOW FRANK LYNCH HOUSE OF REPRESENTATIVES STANLEY R. KESTER April 4, 1972 JOSEPH W. DORSEY MATTHEW J. RYAN WHEREAS, Wayne Packer, a student at Bald Eagle 1972. LEGISLATIVE JOURNAL--HOUSE 2635

Area High School, captured the 112-pound title at the to the Business and Professional Women's Club, Emmaus, Central Northwestern Regional P.I.A.A. Wrestling Cham­ Pennsylvania pionships. This outstanding wrestler pinned his opponent JOSEPH R. ZELLER to gain this coveted crown. Throughout the season, Wayne gained the respect and admiration of all those who viewed CONGRATULATING CORPORAL SYLVESTER his exceptional prowess on the mats. Now therefore, the House of Representatives of the JOHNSON Commonwealth of Pennsylvania, extends its heartiest con­ HOUSE OF REPRESENTATIVES gratulations to Wayne Packer for winning the 112-pound title at the P.I.A.A. Central Northwestern Regional Cham­ April 4, 1972 pionships; and further directs that a copy of this citation be delivered WHEREAS, Corporal Sylvester Johnson, nine-year vet­ to Wayne Packer, Bald Eagle Area High School, Wingate, eran of the Philadelphia Police Department has received Pennsylvania. Cheltenham Township's highest commendation, a Distin­ guished Service Citation, for his part in breaking up an RUSSELL P. LETTERMAN armed holdup of the Pantry Pride Market, 19th and Chel­ tenham Avenue, West Oak Lane, in which he shot two CONGRATULATING WILLIAM P. BERRY suspects in the store. A third was captured and one HOUSE OF REPRESENTATIVES escaped. Now therefore, the House of Representatives of the April 4, 1972 Commonwealth of Pennsylvania, congratulates Corporal Sylvester Johnson on his being awarded the Cheltenham WHEREAS, William P. Berry, a member of the Hazelton Township "Distinguished Service Citation," for his part in Standard-Speaker's editorial staff, has been awarded the breaking up an armed robbery, his sixteenth in nine years George Washington Honor Medal Award of the Freedoms as a Philadelphia policeman; Foundation. This outstanding and distinguished journalist and further directs that a copy of this citation be delivered received the award because of his excellent editorial, en­ to Corporal Sylvester Johnson, Communications Division, titled "Irresponsibility Threat to Freedom." Before be­ Police Administration Building, Franklin Square, Philadel­ coming a journalist, Mr. Berry had served his country as phia, Pennsylvania 19107. a member of the United States Army. His military career was exemplary. CHARLES F. MEBUS Now therefore, the House of Representatives of the Commonwealth of Pennsylvania, extends its heartiest con­ CONGRATULATING WADE SCHALLES gratulations to William P. Berry for winning the George Washington Honor Medal Award of the Freedoms Foun- HOUSE OF REPRESENTATIVES dation; . .. . and further directs that a copy of thIS cltatlOn be dellvered April 4, 1972 to Mr. William P. Berry, 1305 East Broad Street, Hazelton, Pennsylvania. WHEREAS, Wade Schalles of Clarion State College won JAMES J. USTYNOSKI honors as the 1972 Pennsylvania Conference Wrestling Champion in the one hundred sixty-seven pound class, and went on to win the NCAA College Division Championship COMMENDING MR. EARL XANDER and the NCAA University Division Championship in the HOUSE OF REPRESENTATIVES one hundred fifty pound class; and WHEREAS, Wade was named the outstanding wrestler April 4, 1972 in the Pennsylvania Conference Wrestling Championship, the NCAA College Division Championship and the NCAA WHEREAS, Mr. Earl L. Xander has served faithfully University Division Championship. for forty-three years as Secretary of the Wescosville Fire Now therefore, the House of Representatives of the Company. Mr. Xander will be honored at the annual Wes­ Commonwealth of Pennsylvania, wishes to extend its cosville Fire Company banquet this April. Mr. Xander's hearty congratulations to Wade Schalles and expresses its years of dedicated service have brought him the admira­ hope that Wade will continue to demonstrate the same tion and respect of the citizens of the Wescosville area. sportsmanship and competitive spirit he did as an inter­ Now therefore, the House of Representatives of the collegiate wrestler; Commonwealth of Pennsylvania, commends Mr. Earl Xan­ and further directs that a copy of this citation be delivered der on his long career as Secretary of the Wescosville Fire to Wade Schalles, Hollidaysburg, Pennsylvania. Company, and thanks him for his outstanding contribution to his community; GEORGEW. ALEXANDER and further directs that a copy of this citation be delivered ALVIN KAHLE to Mr. Earl L. Xander, c/o Wescosville Fire Company, GALEN E. DREIBELBIS Wescosville, Pennsylvania. W. WILLIAlVI WILT JOSEPH R. ZELLER CONGRATULATING GARY BARTON CONGRATULATING BUSINESS AND HOUSE OF REPRESENTATIVES PROFESSIONAL WOMEN'S CLUB April 4, 1972 HOUSE OF REPRESENTATIVES WHEREAS, Gary Barton of Clarion State College won April 4, 1972 honors as the 1972 Pennsylvania Conference Wrestling Champion, and the 1972 NCAA University Division Cham­ WHEREAS, The Business and Professional Women's pion in the one hundred thirty-four pound weight class. Club of Emmaus is celebrating its twenty-fifth anniver­ Now therefore, the House of Representatives of the sary. This outstanding organization has taken an activist Commonwealth of Pennsylvania, wishes to extend its con­ role in promoting community interest and improvement. gratulations to Gary Barton and expresses its hope that The club strives for furthering education and community Gary will meet similar success in all future endeavors; interests through its various scholarships and awards. and further directs that a copy of this citation be delivered Now therefore, the House of Representatives of the to Gary Barton, Fairview, Pennsylvania. Commonwealth of Pennsylvania, congratulates the Busi­ ness and Professional Women's Club on their twenty-fifth GEORGEW. ALEXANDER anniversary, and commends them for their involvement in ALVIN KAHLE community affairs; GALEN E. DREIBELBIS and further directs that a copy of this citation be delivered DAVID S. HAYES 2636 LEGISLATIVE JOURNAL-HOUSE April 4,

CONGRATULATING CLARION STATE director, on the Cocalico High School basketball team's COLLEGE WRESTLING TEAM successful 1971-1972 season; and further directs that a copy of this citation be delivered HOUSE OF REPRESENTATIVES to Mr. Harry E. Schaeffer, Athletic Director, Cocalico High School, Lancaster County, Pennsylvania. April 4, 1972 HARRY H. GRING WHEREAS, The Clarion State College wrestling team ROBERT C. ROWE won the 1972 Pennsylvania State Conference Wrestling MARVIN E. MILLER Championship; and SHERMAN L. HILL WHEREAS, The wrestling team at all times displayed JACKB. HORNER the highest ideals of sportsmanship and friendly competi­ tion. Now therefore, the House of Representatives of the CONGRATULATING CHIEF OF POLICE Commonwealth of Pennsylvania, wishes to congratulate AUGUST A. VALENTE the Clarion State College wrestling team and their coach on this championship season; HOUSE OF REPRESENTATIVES and further directs that a copy of this citation be delivered April 4, 1972 to Clarion State College, Clarion, Pennsylvania. WHER~AS, Chief of Police, August A. Valente, Sharps­ GEORGE W. ALEXANDER burg, retIred on Marc~ 1, 197 , after.rendering twenty­ ALVIN KAHLE four years of outstandmg serVICe.f ChIef Valente is well thought of and knows everybody well enough to be their CONGRATULATING GARDEN SPOT HIGH SCHOOL friend. GIRLS' BASKETBALL TEAM Now therefore, the House of Representatives of the Co~monwealth of Pennsylvania, congratulates Chief of HOUSE OF REPRESENTATIVES PolIce, August A. Valente on his career as a policeman April 4, 1972 in. h~s cor.nmunity and joins his many friends there in ~Ishmg hIm well and many years of happiness in his re­ WHEREAS, The Garden Spot High School girls' basket­ tIrement, ball team compiled an undefeated record of thirteen wins and further directs that a copy of this citation be de­ and no losses during 1971-1972; and livered to Chief August A. Valente, Police Department WHEREAS, The team, coached by Barbara McLaughlin, Sharpsburg, Pennsylvania. ' won the Lancaster County League and the District Three PIAA girls' basketball championships for the first time in RICHARD J. CESSAR the school's history. Now therefore, the House of Representatives of the CONGRATULATING JOHN BADOVANIC Commonwealth of Pennsylvania, congratulates Coach Mc­ Laughlin, the team members, ~obbi Bensinger, Sharo.n HOUSE OF REPRESENTATIVES Groff Bonnie Klinger, Rachel MIller, Betty Howett, Dons Good: Deb Brubaker, Sharon Howett, Donna Piersol, April 4, 1972 Bide Younginger, and Joann Weber, the student body and WHEREAS, John Badovanic, President of the Croatian all those including the team managers, Coleen Foreman, Fraternal Union, ha~ !J~en instrument!,!l in forming the Debbie Bender and Wendy Jones, who contributed to this Allegheny County DIVISIOn of the NatIOnal Heritage As­ most successful basketball season for the Garden Spot sociation. The newly formed division will work with its High School of Lancaster County; parent organization to preserve ethnic backgrounds. The and further directs that a copy of this citation be de­ primary purpose of the National Heritage Association is livered to Barbara McLaughlin, Coach, Garden Spot High to raise funds for scholarships and vocational training for School Girls' Basketball Team, Lancaster County, Penn­ children of ethnic minorities. sylvania. Now therefore, the House of Representatives of the HARRY H. GRING ~ommonwealth of Pe!1nsylvania, e:x;tends its congratula­ ROBERT C. ROWE tIons to John BadovanIC on the occaSIOn of the birth of the MARVIN E. MILLER A;llE::gheny County Div~sion of the National Heritage Asso­ SHERMAN L. HILL CIatIOn and expresses ItS hope that the new division will JACK B. HORNER successfully promote the goals of the National Heritage Association; CONGRATULATING COCALICO HIGH SCHOOL and further directs that a copy of this citation be de­ BASKETBALL TEAM livered to John Badovanic, National Heritage Association Allegheny County Division, Pittsburgh, Pennsylvania. ' HOUSE OF REPRESENTATIVES RICHARD J. CESSAR April 4, 1972 WHEREAS The Cocalico High School basketball team CONGRATULATING READING HIGH SCHOOL r~cord compiled a of twenty wins and five losses during RED KNIGHTS 1971-1972; and WHEREAS The team coached by Spencer Henry won HOUSE OF REPRESENTATIVES the sectional'championship of the Lancaster County High School League for the first time in the school's history; April 4, 1972 and WHEREAS, The team advanced to the quarter-finals of WHEREAS, Reading High School Red Knights have con­ the District 3 PIAA championships. cluded an outstanding season that brought them to the Now therefore, the House of Representatives of the P.I.A.A. Class A quarterfinals before being defeated. The Commonwealth of Pennsylvania, congratulates head coach, Knights finished the season with an excellent 23-6 record. Spencer Henry, assistant coach, Edward A. McIlmoyle, and Reading High, under the leadership of Coach James Gano, Rodney S. Firestone, Sidney E. Firestone, James M. Heisey, can be proud of the hustling team they put together. Douglas R. Trostle, Craig A. Beamesderfer, Ricky L. Dis­ Now therefore, the House of Representatives of the Com­ singer, Donald L. Wenger, Patrick M. Mowrey and Carl E. monwealth of Pennsylvania, congratulates the Reading Unruh the team members; also, Randolph L. Trostle, High School Red Knights, and Coach James Gano and all scorer;' Barry W. Hertzog, manager; C~eri L. Hackman, its loyal fans on a successful season, and wishes them the statistician; Clifford L. Behrendt, Supermtendent; Homer best of luck next year; P. Weaver, principal; and Harry E· Schaeffer, atWetic and further directs that a copy of this citation be delivered 1972. LEGISLATIVE JOURNAL-HOUSE 2637 to Coach James Gano, Reading High School, Reading, in adult society fully prepared intellectually and spirit­ Pennsylvania. ually; therefore be it MICHAEL A. O'PAKE RESOLVED, That the House of Representatives of the RUSSELL J. LaMARCA Commonwealth of Pennsylvania offers sincere congratula­ JAMES J. GALLEN tions to the Sisters of St. Basil the Great on the occasion of the observance of the Twenty-fifth Anniversary of Manor Junior College, and pays tribute to the Sisters of CONGRATULATING MR. JOHN BARBER St. Basil the Great, a Ukrainian order, who through dedi­ HOUSE OF REPRESENTATIVES cation of their lives to teaching, have achieved distin­ guished service in the field of education; and be it fur­ April 4, 1972 ther RESOLVED, That copies of this citation be delivered WHEREAS, Mr. John Barber has recently retired after to Reverend Mother M. Marie, First President of Manor seventeen years of service in the employment of Easttown Junior College, to Very Reverend Mother M. Bohdonna Township. During his years of service, Mr. Barber has Provincial Superior of the Sisters of St. Basil the Great' performed in the capacity of Zoning Office, Secretary-Trea­ Sacred Heart Province, and Reverend Mother M. Olga; surer and most recently as Township Manager. His efforts Vice Provincial of the Sisters of St. Basil the Great and and dedication helped to develop a most effective adminis­ the current President of Manor Junior College. tration for Easttown Township. Now therefore, the House of Representatives of the JOHN PEZAK Commonwealth of Pennsylvania, hereby extends its hearty RUSSELL KOWALYSHYN congratulations to Mr. John Barber on his many years of WILLIAM C. RYBAK exemplary service to Easttown Township and expresses JAMES J. USTYNOSKI its hope that he will enjoy his retirement: and further directs that a copy of this citation be delivered CONGRATULATING AMY SARBIEWSKI to Mr. John Barber, Dorset Road, Devon, Pennsylvania, HOUSE OF REPRESENTATIVES 19333. PATRICIA A. CRAWFORD April 4, 1972 BENJAMIN J. REYNOLDS RICHARD SCHULZE WHEREAS, Amy Sarbiewski, in competition with skat­ ers from Ohio, Michigan, Indiana, Illinois and Canada, won CONGRATULATING EASTON AREA HIGH SCHOOL second place honors in the Intermediate Ladies Interpre­ tative Class and garnered a third place medal in the Inter­ BASKETBALL TEAM mediate Ladies Free Style. HOUSE OF REPRESENTATIVES Now therefore, the House of Representatives of the Commonwealth of Pennsylvania, extends it hearty con­ April 4, 1972 gratulations to Amy Sarbiewski and expresses its hope that Amy's devotion and long hours of practice bring her WHEREAS, The Easton Area High School basketball many future honors; team finished third in the P.I.A.A. Class "A" competition. and further directs that a copy of this citation be delivered On their way to the State championship the team won to ~my Sarbiewski, 8613 Maple Drive, McKean, Pennsyl­ the Easton Area Christmas Tournament and the Easton varna. Quarterfinals Championship and finished the season with WENDELL R. GOOD an enviable 25-7 record. This was Easton's first appear­ ance ever in a district and a state playoff. Trophies award­ CONGRATULATING WEST YORK SENIOR HIGH ed the team were Championship of Easton Area Christmas SCHOOL WRESTLING TEAM Tournament, Eastern Quarterfinals, and Third Place in State Tournament. HOUSE OF REPRESENTATIVES Now therefore, the House of Representatives of the Commonwealth of Pennsylvania, pauses in its delibera­ April 4, 1972 tions to congratulate the Easton Area High School basket­ WHEREAS, The West York Senior High School wres­ ball team and coach Stan Sutphen on this fine season; tling team is a co-champion in the York County Inter­ assisted by Robert Miller and Dwight Mowrey, along with scholastic Athletic Association. Head Manager Bruce Noble and Trainer Gouge Andren, Now therefore, the House of Representatives of the and Scorer Bob Arnts; Commonwealth of Pennsylvania, extends its congratula­ and further directs that a copy of this citation be delivered tions to the West York Senior High School wrestling team to Easton Area High School, Easton, Pennsylvania. and wishes similar success in future seasons; JAMES F. PRENDERGAST and further directs that a copy of this citation be delivered to West York High School, 1800 Bannister Street, York, Pennsylvania. CONGRATULATING SISTERS OF ST. BASIL THE STANFORD BUD LEHR GREAT CONGRATULATING MR. CYRIL SPEICHER HOUSE OF REPRESENTATIVES HOUSE OF REPRESENTATIVES April 4, 1972 April 4, 1972 WHEREAS, On October, 1972, the Sisters of St. Basil the Great, members of the oldest order in the Catholic Church, WHEREAS, Mr. Cyril Speicher demonstrated consider­ will observe the twenty-fifth anniversary of the founding able courage and heroism, in saving the life of Charles of Manor Junior College; and Loche from the icy waters of a Mehoopany area lake on WHEREAS, This outstanding Ukrainian religious order January 30, 1972; and has been instrumental in developing educational institu­ WHEREAS, Mr. Cyril Speicher has been nominated to tions; and receive the Carnegie Medal for heroism from the Car­ WHEREAS, The highlights of this observance will be negie Hero Fund Commission. the concelebration of the Sacred Liturgy on Sunday, April Now therefore, the House of Representatives of the 9, 1972, by the Most Reverend Basil Losten, auxiliary Commonwealth of Pennsylvania, congratulates Mr. Cyril bishop to the Most Reverend Ambrose Senyshyn, Metro­ Speicher for his courageous act and extends recognition politan of Ukrainian Catholics, and by the Most Reverend for his valor in acting without regard for his personal Thomas Welsh, Latin-rite auxiliary bishop of Philadel­ safety in this emergency; phia; and and further directs that a copy of this citation be delivered WHEREAS, Manor Junior College, a fully accredited in­ to Mr. Cyril Speicher, 31 Gore Street, Wilkes-Barre, Penn­ stitution, has provided quality education for hundreds of sylvania, 18702. young women so that these women may take their places BERNARD F. O'BRIEN 2638 LEGISLATIVE JOURNAL-HOUSE April 4,

CONGRATULATING MEMORIAL EVANGELICAL the Julliard School of Music, recently composed a Bicen­ CHURCH tennial Symphony titled "In the Name of These States." This fine work which was premiered on March 18, 1972 HOUSE OF REPRESENTATIVES by the Delaware Valley Philharmonic Orchestra required three hundred voices to perform and was scored for a full April 4, 1972 symphony orchestra and has three movements. Now therefore, the House of Representatives of the WHEREAS, The Memorial Evangelical Lutheran Church Commonwealth of Pennsylvania, commends Paul Hofreiter of Harrisburg ce'ebrated its one hundredth anniversary on on his outstanding achievement in the arts and expresses February 24, 1972. Through the years the achievements its hope that many more such musical works will be of this church and its congregation have characterized this created by him in the future; congregation as one of the outstanding ones in the Com­ and further directs that a copy of this citation be delivered monwealth. It has provided spiritual comfort for not only to Mr. Paul Hofreiter, Delaware Valley Philharmonic its members but also for all residents of the community. Orchestra, Inc., Lower Bucks County Chamber of Com­ Now therefore, the House of Representatives of the merce Building, 409 Hood Boulevard, Fairless Hills, Penn­ Commonwealth of Pennsylvania, extends its heartiest con­ sylvania 19030. gratulations to the congregation of the Memorial Evan­ gelical Lutheran Church on the occasion of its one hun­ JAMES L. WRIGHT dredth anniversary; and further directs that a copy of this citation be de­ COMMENDING SAMUEL J. LEES livered to The Reverend James Edward Morecraft, Pastor, Memorial Evangelical Lutheran Church, Seventeenth and HOUSE OF REPRESENTATIVES State Streets, Harrisburg, Pennsylvania. GEORGE W. GEKAS April 4, 1972 H. JOSEPHHEPFORD WHEREAS, Samuel J. Lees has rendered twenty years MILES B. ZIMMERMAN of service as Chief Township Building and Zoning Officer RUDOLPH DININNI of Middletown Township, Bucks County, Pennsylvania. This outstanding gentleman guided the township through COMMENDING JO ANN SCHAFFER a period of rapid growth. His wisdom, diligence, per­ HOUSE OF REPRESENTATIVES severance and loyalty have all contributed to the better­ ment of the community. April 4, 1972 Now therefore, the House of Representatives of the Commonwealth of Pennsylvania, commends Samuel J. WHEREAS Jo Ann Schaffer of Northampton has been Lees for his twenty years of outstanding service to his selected as th~ National Easter Seal Child of 1972. Jo Ann, community; who is four years of age, wi~l serve as the symbol for ~he and further directs that a copy of this citation be delivered thousands of handicapped chIldren and adults who receIve to Samuel J. Lees, Middletown Township, Bucks County, rehabilitation and other services from the Easter Seal Pennsylvania. Society. Without a doubt, Jo Ann is a beautiful, intelligent JAMES L. WRIGHT and courageous child. Now therefore the House of Representatives of the EXTENDING SYMPATHY TO MRS. SHIRLEY SACKS Commonwealth of Pennsylvania, commends Jo Ann Schaf­ fer on her selection as the National Easter Seal Child of HOUSE OF REPRESENTATIVES 1972 and extends to her its best wishes for a happy and April 4, 1972 rewarding life; . .. . and further directs that a copy of thIS cItatIOn be delIvered WHEREAS, Mr. Leon Sacks passed away March 11, to Mr. and Mrs. Stephen Schaffer, 968 Washington Avenue, 1972 at the age of sixty-nine; and Northampton, Pennsylvania. WHEREAS, Mr. Leon Sacks had served his community RUSSELL KOWALYSHYN for many years as a lawyer, congressman, chairman of the JAMES F. PRENDERGAST Philadelphia Registration Commission, State Deputy At­ PHILIP S. RUGGIERO torney General, member of the Pennsylvania Veterans WILLIAM C. RYBAK Commission, member of the Military Reservations Com­ mission of Pennsylvania, State Commander of the Jewish COMMENDING ARMSTRONG AMATEUR HOCKEY War Veterans of the USA, Chief Counsel of the U. S. Cus­ LEAGUE OF ARMSTRONG COUNTY toms and a member of various local organizations. Now therefore, the House of Representatives of the Com­ HOUSE OF REPRESENTATIVES monwealth of Pennsylvania, extends its sincere condo­ lences to his widow Mrs. Shirley Sacks, and two daughters, April 4, 1972 Mrs. E. Myra Chivian and Mrs. Fredlyn Brown; WHEREAS The Armstrong Amateur Hockey League and further directs that a copy of this citation be de­ (AAHL) ha~ done outstanding work with t~e youth of livered to Mrs. Shirley Sacks, Rolling Hill Apartments, the community in Armstrong County, has bUIlt up rela­ Township Line Road, Elkins Park, Pennsylvania. tions with other hockey teams in Pennsylvania and has CHARLES F. MEBUS added immeasurably to Canadian and U.S.A. relations by DANIEL E. BEREN hosting Canadian youth and their families. HERBERT FINEMAN Now therefore the House of Representatives of the Commonwealth of Pennsylvania, commends the Armstrong CONGRATULATING SHALER AREA SENIOR HIGH Amateur Hockey League (AAHL) of Armstrong Coun.ty on its outstanding efforts on behalf of the youth of Its SCHOOL BASKETBALL TEAM community, fostering Western. Penns~lvania hoc~ey, and HOUSE OF REPRESENTATIVES promoting people-to-peopl~ mternatIOnal relatIOns be­ tween Western Pennsylvama, U.S.A. and Canada; April 4, 1972 and further directs that a copy of this citation be delivered to Armstrong Amateur Hockey.League (AAHL), Belmont WHEREAS, Shaler Area Senior High School basketball Arena Kittanning, Pennsylvama. team won the WPIAL Section 10 Championship with a , JOHN B. McCUE 19-4 season record and a victory in the Keystone Oaks Christmas Tournament; and COMMENDING PAUL HOFREITER WHEREAS, Though a young school, the Shaler Area High School team, faculty and administration have shown HOUSE OF REPRESENTATIVES an enviable degree of pride and school spirit. April 4, 1972 Now therefore, the House of Representatives of the Commonwealth of Pennsylvania, extends its hearty con­ WHEREAS, Paul Hofreiter, nineteen year old student of gratulations to the Shaler Area Senior High School basket- 1972. LE6ISLATIVE JOURNAL-HOUSE 2639 ball team, to Coach Andrew Zezza, to Principal John One of the things that came out of that great tragedy Shepley, and to Superintendent of Schools, Dr. J. Edward was the community spirit of the citizens of the Herndon Ricart; Assistant Coach Jay Barto, Athletic Director Tom Osso, Players Jim Keller, John Bagwell, Dennis Knauer, area and the surrounding townships. The volunteer wo­ Frank Pusateri, Gordon Gerdes, Jerry McRoberts, Brian men from the various churches, the volunteer fire com­ Bentley, Earl Dunlap, Harris Price, Steve Hudec, Joe panies, the communications people, all these volunteers Brown, Tim Murray, and Student Managers Kevin Mc­ gave great service in terms of food and help and other Goun and Bruce Brunick. and further directs that a copy of this citation be de­ things which made the handling of this tragedy much more livered to Shaler Area Senior High School, 1800 Mount successful than it might have been otherwise. Royal Boulevard, Glenshaw, Pennsylvania, 15116. I believe the kind of community spirit shown on the RICHARD J. CESSAR occasion of that tragedy ought to be commended by the House of Representatives. Therefore, I have submitted a CONGRATULATING EXETER HIGH SCHOOL EAGLES resolution to the desk. HOUSE OF REPRESENTATIVES The SPEAKER pro tempore. Are there any other com­ ments on the resolution? April 4, 1972 The Chair recognizes the gentleman from Delaware, Mr. WHEREAS The Exeter High School Eagles have con­ Jones. For what purpose does the gentleman rise? cluded an excellent season advancing all the way to the P.I.A.A. Class B quarterfinals before being defeated. Dur­ Mr. JONES. Mr. Speaker, I would ask unanimous con­ ing the season the Eagles won twen~y-fou;r straight wins sent to make a few remarks concerning the resolution including the Berks County champIOnship. Under ~he which I have just sent forward. able leadership of Coach Rod Hand, the Exeter High School Eagles recorded an outstanding season that was The SPEAKER pro tempore. The gentleman may make characterized by poise and class. his brief statement. Now therefore, the House of Representatives of the Mr. JONES. Mr. Speaker, perhaps the most important Commonwealth of Pennsylvania, extends its congratula­ job of the Lottery Commission is to provide effective out­ tions. to the Exeter High School Eagles and Coach Rod Hand on an excellent season, and wishes them the best lets for the sale of lottery tickets so that the revenue may of luck next year; .... . be maximized from this source in the Commonwealth. and further directs that a copy of thiS Citation be delivered Veterans' posts in our Commonwealth are conveniently to Coach Rod Hand, Exeter High School, Reading, Penn­ situated throughout the Commonwealth. They are well sylvania. MICHAEL A. O'PAKE organized and they are responsible. I would ask this JAMES J. GALLEiN House to adopt this resolution which I am submitting to LESTERK. FRYER it, urging the Lottery Commission to designate veterans' RUSSELL J. LaMARCA posts as licensees for the sale of lottery tickets. WILLIAM G. PIPER Thank you, Mr. Speaker. CONGRATULATING MISS CATHRYN RADICCHI The SPEAKER pro tempore. The Chair thanks the HOUSE OF REPRESENTATIVES gentleman. April 4, 1972 HOUSE RESOLUTIONS INTRODUCED AND WHEREAS Miss Cathryn Radicchi, West Chester, rep­ REFERRED resenting the' American Cancer Socie~r, .Chester County By Messrs. PEZAK, SHERMAN, PIEVSKY Unit won the contest for and became MiSS Hope 1972 of Che;ter County" on February 24, 1972; and and RAPPAPORT RESOLUTION No. 144 WHEREAS Miss Radicchi, a graduate nurse (Chester The House of Representatives urges the Secretary of County Hospital, Wt;!st Ch.ester, 1967), has a w~de range Transportation to move the Philadelphia Area highway of special interests, including, for example, seWing, yoga, district office from Saint Davids back to Philadelphia, swimming, adolescence and travel. where employes and space are available. Now therefore the House of Representatives of the Commonwealth 'of Pennsylvania, congratulates Miss Referred to Committee on Rules. Cathryn Radicchi, West Chester, on her being selected as "Miss Hope 1972 of Chester County" and wishes her a By Messrs. BELLOMINI, DOMBROWSKI, BERKES, beneficent reign and continued succ;ess;. . GEISLER, CAPUTO and MARTINO and further directs that a copy of thiS CitatIOn be delivered RESOLUTION No. 145 to Miss Cathryn Radicchi, "Miss Hope 1972 of Chester County," Goshen West Apartments B-11, West Chester, The House of Representatives of the Commonwealth of Pennsylvania 19380. Pennsylvania memorialize the Congress of the United PATRICIA A. CRAWFORD States to act against the busing of children to achieve RICHARD SCHULZE racial integration. BENJAMIN J. REYNOLDS Referred to Committee on Rules. PERMISSION TO ADDRESS HOUSE By Mr. BERKES RESOLUTION No. 146 ON RESOLUTIONS PRESENTED The month of April 15-May 15 be designated Interna­ tional Development Month and that this House of Repre­ Mr. KURY requested and obtained unanimous consent sentatives urge all of the people of Pennsylvania to co­ to address the House. operate with the young people involved in this activity. Mr. KURY. I would like to make some very brief re­ Referred to Committee on Rules. marks about a resolution which I have just sent forward. Mr. Speaker, on March 12, a great tragedy occurred at By Messrs. JONES, McCURDY, ZEARFOSS, Herndon, Northumberland County, Pennsylvania, when WORRILOW, FRANK LYNCH, KESTER, DORSEY, two freight trains of the Penn Central Railroad had a RYAN, KLEPPER, J. H. HAMILTON head-on collision. The result was four dead and a fire and COPPOLINO RESOLUTION No. 149 fight and other problems which lasted long into the eve­ The House of Representatives of the Commonwealth of ning and morning hours. Pennsylvania urges the State Lottery Commission to des- 2640 LEGISLATIVE JOURNAL-HOUSE April 4,

ignate Veterans' Posts as agents for the sale of lottery THE SPEAKER PRO TEMPORE (Robert K. tickets. Hamilton) IN THE CHAIR Referred to Committee on Rules. SENATE MESSAGE BILL REPORTED AND CONSIDERED FIRST TIME SENATE ADOPTS REPORTS OF COMMITTEES OF CONFERENCE ON HOUSE BILLS Nos. 850 and 851 HOUSE BILL No. 2070 By Mr. LUTTY The clerk of the Senate being introduced, informed that A Joint Resolution ratifying the proposed amendment the Senate has adopted the reports of the Committees of to the Constitution of the United States relative to equal rights for men and women. Conference on the subject of the differences existing be­ tween the two Houses on House bills numbered and en­ Reported from Committee on Rules. titled as follows: HOUSE RESOLUTION HOUSE BILL No. 850 Mr. LUTTY requested and obtained unanimous consent An Act establishing the Governor's Drug and Alcohol for suspension of the rules to offer the following resolu­ Abuse Council; imposing duties on the council to develop and coordinate the implementation of a comprehensive tion for immediate consideration, which was read, con­ health education and rehabilitation program for the pre­ sidered and adopted: vention and treatment of drug and alcohol abuse and .drug and alcohol dependence; providing for emergency medical In the House of Representatives, April 4, 1972. treatment; providing for treatment and rehabilitation alter­ natives to the criminal process for drug and alcohol de­ By Mr. IRVIS RESOLUTION No. 148 pendence; and making repeals. The House of Representatives declare the month of HOUSE BILL No. 851 May, 1972 as voter registration month in order to encour­ age participation in the electoral process. An Act relating to the manufacture, sale and possession of controlled substances, other drugs, devices and cos­ SENATE MESSAGE metics; conferring powers on the courts and the secretary SENATE ADOPTS REPORT OF COMMITTEE OF and Department of Health and a newly created Pennsyl­ vania Drug, Device and Cosmetic Board; establishing CONFERENCE ON SENATE BILL No. 752 schedules of controlled substances; providing penalties; The clerk of the Senate being introduced, informed that requiring registration of persons engaged in the drug trade and for the revocation or suspension of certain licenses the Senate has adopted the report of the Committee of and registrations; and repealing an act. Conference on the subject of the differences existing be­ tween the two H;ouses on Senate bill numbered and en­ HOUSE BILLS SIGNED BY SPEAKER titled as follows: PRO TEMPORE . SENATE BILL No. 752 Bills numbered and entitled as follows having been pre­ An Act giving municipalities the right and power to pared for presentation to the Governor and the same be­ adopt home rule charters or one of several optional plans ing correct, the titles were read as follows: of government and to exercise the powers and authority of local self-government subject to certain restrictions HOUSE BILL No. 850 and limitations; providing procedures for such adoption and defining the effect thereof. An Act establishing the Governor's Drug and Alcohol Abuse Council; imposing duties on the council to develop SENATE BILL SIGNED BY SPEAKER and coordinate the implementation of a comprehensive health education and rehabilitation program for the pre­ PRO TEMPORE vention and treatment of drug and alcohol abuse and drug Bill numbered and entitled as follows having been pre­ and alcohol dependence; providing for emergency medical pared for presentation to the Governor and the same being treatment; providing for treatment and rehabilitation alter­ natives to the criminal process for drug and alcohol de­ correct, the title was publicly read as follows: pendence; and making repeals. SENATE BILL No. 752 HOUSE BILL No. 851 An Act giving municipalities the right and power to adopt home rule charters or one of several optional plans An Act relating to the manufacture, sale and possession of government and to exercise the powers and authority of controlled substances, other drugs, devices and cos­ of local self-government subject to certain restrictions and metics; conferring powers on the courts and the secretary limitations; providing procedures for such adoption and and Department of Health and a newly created Pennsyl­ defining the effect thereof. vania Drug, Device and Cosmetic Board; establishing schedules of controlled substances; providing penalties; Whereupon, requiring registration of persons engaged in the drug trade The SPEAKER pro tempore, in the presence of the and for the revocation or suspension of certain licenses House, signed the same. and registrations; and repealing an act. Whereupon, RECESS The SPEAKER pro tempore, in the presence of the The SPEAKER pro tempore. Without objection, the House, signed the same. Chair now declares a recess until 4:30 p.m. The Chair hears no objection. This House is now in ADJOURNMENT recess. Mr. HOMER moved that this House do now adjourn AFTER RECESS until Monday, May 1, 1972, at 4:30 p.m., (e.d.t.) The time of recess having expired, the House was called The motion was agreed to, and (at 5:27 p.m., e.s.t.) the to order. House adjourned.