COMMONWEALTH OF PENNSYLVANIA

WEDNESDAY, OCTOBER 26,1977

Session of 1977 161st of the General Assembly Vol. 1, No. 92

HOUSE OF REPRESENTATIVES I roll for today. 'She members within hearing of his voict, will re- The House convened at I p... ... port for the master roll THE SIIEAKEK(. LEROY IKVIS) IN 'THE CIIAlIt The following roll call was recorded: YEAS-195 PRAYER Ahrahani Gamble Manderino Sr;lnl" THE REVEREND . GARNETT LEE, nlinister ofthe (::ipit;rl Anderson Garaia Manmiller Schraffrr Presbyterian Church, Har~.ishurg,I'cnns)~lv;i~iia. and guest Armstrong Gatski MeCall Schmitt :lrkr Gecsey McClatchy Schwed~r chaplain, offered the following prayer: Hi~llomini Geisler Mr Ginnis Scirica R~loff Georgc. . MrIntyrr Seltzer We gather again in this room :IS wta sen the gentl,, ~iinsthxt Rrnnrtt (;rorgr. M. MrLanp Shunran drop from heaven ;~nd;~;lin \vc, rc;iliz<. th;lt wr, ;rsi: blt~ssidhy Hrrlin Giammarro Mi.hus Shupnik the eternal gifts of God. And wt7 pray that ilis mercy ;and Ilis Bcrsoti Gillette Mrluskry Siri;inni Hittinger Gleeson Milenovich Smith, E. compassion will also fall upon this Housc. Hittlr Goehel Miller Smith. I,. We ask His blessing upon this leadership. We ask Him ta Borski (~oodman Millirnn Soencrr watch over these honored men and women within this Chamber Rlxndt Gray Misrevich Spitz on both sides of the aisle. We pray that His mercy and His com- Rrown Greenfield Maehlmann Stairs Brunncr (;reenleaf Morris Stnpl~ton passion will lead these who have been elected to serve this Com- Hurd Grirco Mowpry Stewart monwealth, that they will shoulder their great responsibilities, Rurns Halverson Mrkonic represent this great constituency, that they will move forward Caltagironr Hamilton Mullm. M. P. ('sputa Harper Mullrn. M. M. without ceasing, not become weary of well doing, lulowing full Cessidy Hasay Musto well that every good and thing rumeth from Thee. We Cessar Hask~ll Novak ask Thy blessing upon these who have chosen to serve this (:ianciulli Hayes, D. . Nov~ Cimini Hayes, S. h:. 'Rnen. R. state. And in their deliberations may there he wisdom and Cohen Helfrick O'Rrien, D. knowledge and understanding, mercy, compassion and justice. Cole Horffel O'Connell Watch over their families that there may he encouragement in (:owell Honaman O'Kwfp Vroon Davirs Ilopkins Olirrr Wagner this particular and this high office. DrMrdio Hutchinson, A. Pancoast Wansacz We ask Thy mercy and'rhy grace upon thrse who serve as the DeVerter IIutchinson. . Parker Wargo DrWersr Itkin Petrarca Wass staff of this House, sometimes mzryhr unnoticed or unsung and DiCnrlo Johnson Piccola Wridner yet the ones who keep the nhrels turning and who boast of that Uietz Jones Pirvsky W~ngcr which must be done in this pl;rr. Dininni Katz I'itts Whit? Kelly Politr We rejoice in the heanty of this ilouse. Wr rrjoicr in thr, Dumhrowski Wiggins Uon;+tur~.i Kernick Pott Williams beauty of service to all men. We rejoice that we can serve our Lhrr Klinganian I'ratt Wilson (;od and our Father as we rcach htyotid thesr walls. Uoyle Knepper I'rendergast Wilt Kolter Pyles Bless the leadership of the House. Hlrss thost! who aul. Duffy Wise form Dumas Kowalyshyn Kappaport Wright. D. great population. Hless this nation. 0 I.ord. Knglrhart Laughlin Ravenstah1 Wright, . 1.. God have mercy upon the Commonwealth and continue to Fee Lehr Heed Yahnrr

Fisvhe~R. R. -~1,ettrrm;~n~~~~~~~~~~~ Hrnwick grant us the peace, the knowledge, the widsom that conieth on- I Zrarfoss Fisher, . M. Levi Hhodes Zrllrr ly from Thee, and we will give Thee the honor and the glory'I Flahrrty Lincoln Richardson Zitternran through Thy name and for Thy sake. Amen. Fostrr, A. Livengood Kirger Zord Fustcr. W. I.ngu* Rittrr Zwikl Fwind Lynch Rugpifro JOURNAL APPROVAL POSTPONED Fryer Markowski Ryan Irvis. Gallaeher Mndiean Snlvstur~ Speaker The SPEAKER. Without objection, approval of the Journal G;~llm for Tuesday, Octohrr 25, 15177, will he pastponerl until printed. NAYS-O MASTER ROLL CALL RECORDED NOT VOTING-5 Arthurs O'Donnell Sheiton The SPEAKER. The Sprakrr IS ;rhout to take up the master Butera 2970 LEGISLA'I'IVF, JOURNAL-HOUSE October 26,

The SPEAKI.:R. One hundred ninety-five mcmhers having in- An Act amending the art of November 1, 1971 (P. . 495, No. dicated their presence. ;I master roll is establishrd. 113).entitled "An art providing for the coniperisation of county offirrrs in counties of the second through eighth classes, for the disposition of fees. fur filing of bonds in certain cases and HOUSE BILLS INTRODUCED AND for duties of certain officers, providing cost-of-living allow- REFERRED TO COMMITTEES iinces. No. 1800 Ry Messrs. REED, DININNI, MANMILLER, I Referred to Committee on Urban Affa~rs PICCOLA, TKELLO, CIMINI, GKAY, ZITTERMAN, BORSKI. JONES, No. 1804 By Messrs. A. K. HUTCHINSON. CAPUTO, JOHNSON, COHEN, GIAMMARCO, DOMBKOWSKI, PETRARCA. YAHNER, WHITE, Mrs. KELLY, Mrs. SCANLON, 1)iCAKLO. HOPKINS and Miss SIRIANNI Messrs. OLIVER, RIEGER, MrlNTYRE, An Act amending Title 75 (Vehicles) of the Pennsylvania DUMAS, BROWN, MELUSKEY, RIITER, Consolidated Statutes, further providing for the width of cer- SALVATORE, STUBAN, NOVAK, tain vehicles. MRKONIC, GARZIA. ZELLER, McLANE, I Knferred to Committee on Transportation. ZWIKI,, RUGGIEKO, McGINNIS, No. 1805 By Messrs. DOMBROWKSI, CIANCIULLI, RICHARDSON, STEWART, A. K. HUTCHINSON, DeMEDIO, BIT'I'INGER, BELOE', DONATUCCI, BELLOMINI, DiCARLO, HOPKINS, KOWALYSHYN, LETTERMAN, D. S. HAYES. NOVAK, CASSIDY, ABRAHAM, MISCEVICH, MORRIS, ZITTERMAN, TENAGLIO, COLE, SHUMAN, LAUGHLIN. GATSKI, MISCEVICH, LOGUE, LEVI, SPITZ and RAVENSTAHL, DUFFY, GAMBLE, R. R. FISCHER MUSTO, RHODES, FLAHEKTY, SHUPNIK, WARGO, SCHMITT, CASSIDY, An Act amending th? act of Decemher 30, 1974 (P. I,. 1105, No 356). entltled "A suoolement to the act of Fehruarv 6.1976 D. M. O'BRIEN, Mrs. WISE, Messrs. 80. (P. L. No. 171. entitled 'An act nrovidinc for~ the~ ~~~ rnGital bud. I n .~~~~~~ VALICENTI, STAPLETON, O'KEEFE and get for the fiscil year 1973-197$,' itemizing public improve- SWEET ment' projects to he acquired or constructed hy 'fie General I State Authority together with their estimated financial cost; An Act prohibiting Commonwi~;~ltli;~gencirs froni purchirs- **' and making an appropriation," adding a project relating to ing goods from certain foreign cornpanics and domestic com- the Soldiers' and Sailors' Home. panics using forrig11 l;~bor. Referred to Committee on Appropr~at~ons. Referred to Committve on Businrss and Coinmarrii. SENATE MESSAGE No. 1801 Hy Mr PICC0I.A SENATE HII, FOR CONCUKRENCF: An Act amending the "Puhlic Utility Law." approved May 28, The clerk of thr Senate presented the following hills for con- 1937 (P. I,. 1053. No. 286). further providing for the nlveragt7 of certain municipal or municipal ;~uthorityfunr,tions. currence: Referred to (bn~rnitt~eon Consumer Affairs. SENATE BILL No. 598

An Act permitting any person required to serve ;IS a juror to No. 1802 By Messrs. S'I'EWAK'I', BITTIN(;I'.I1, ahsent himself from any survire or employment in which he is EN(;I,EtlAIfl, (:OOl)MAN. REEL). WASS, then engaged or employed; prohihiting employers from dis- SHUPNIK, GEORGE, O'CONNEL, missing or threatening to dismiss such persons; granting such persons civil relief. B. F. O'BRIEN, IIAT,VERSON, A. K. HUTCIIINSON, PIEVSKY, Referred to Committee on Judir&. MILLIRON, CASSIDY and STAIRS SENATE BILL No. 1114 An Act amending the act of ,July 20, 1968 (P. L. 6.52, No. An Act amending Title 18 (Crimes and Offenses) of thc Penn- 220), entitled, "An act amending the act of March 31, 1949 ylvania Consolidated Statutes changing the time for prosecut- (P. L. 372, No. 34), entitled, 'An act to promote the welfare of Lng the offense of vo1unt;lry rn:inslanghter. the people of the Commonwealth; '**'empowering the Author- ity to construct and acquire projects for certain State-related to on universities, providing for the disposition of unused horrowing capacity which may become available through the operation of SE~~~~No, 1118 the Higher Education Facilities Act of 1963 or other Federal An Act amending Title 1R (Crimes and Offenses) of the Penn- grants; ""'to reduce the aniount of unallocated funds avail- sylvania Consolidated Statutes redefining murder of the sec- able for allocation by the board to certain projects for cost- onddegree. overrun, and to provide for additional projects necessitated hy the Great Flood of July 1977. Referred to Committep an .Judi<,iary. Referred to Committee on Appropriations. SENATE MESSAGE AMENDED IIOUSE BILL RETURNEU FOK CONCURKENCE No. 1803 By Mr. A. K. HUTCHINSON. Miss SIRIANNI, Messrs. PETKARCA and The clerk of the Senate returned HOUSE RILL NO. 767, with LETTERMAN the information that the Senate has passed the same with 1977. LEGISLATIVE JOURNAL-HOUSE 2971 amendments in which concurrence of the House of Represt,nt;i- from all ovrr the State of Pennsylvania. tives is requested. The main objective of the Junior Miss program is to ;~w;ird The SPI.:AKER. Thr? hill will appe;rr on the calrnd;ir. sr:holarships to high school srnior girls. And on ;111 three lpvels of competition. I was fortunate enough t,o receive $6,300, BILLS SIGNED BY SPEAKER which is a drop in the bucket comp;rrcd to the millions of dol- lars that ;Ire3 awardid r;ich pear. Now if it were not for my Jun- Bills numbered and entitled 21s follows ruerr, prcpared for lor Miss scholarship, I could not afford 1,eh;inon Va1lt.y College. presentation to the Governor: So I am very grateful for the schol;rrshil~. SENATE RILL No. 199 I would like to thank you for ;dl tha support I did receive An Act amending 'Title 18 (Crimes and Offens~s)of the Penn- while I was down in Mohile ;it the nation;rl competitio~l.I hope sylvania Consolidated Statutes further defining the offense ot that you continue to support thc Junior Miss program on the obscenity, redefining obscene, and further providing for injunc~ local level. especially the luc;rl pageant in your district. tions. I would like you to help the peol)le connertrd with cJunior SENATE BILL No. 432 Miss in making sure that <:very girl in the St;rte of Pmnsyl- An Act changing the name of the "Brady Street Bridge" in vania is aware of the opportunities avaihhle to her through the Pittsburgh Allegheny County to the "Birmingham Bridge". .Junior Miss pageant. Whereupon, Thank you. The SPEAKER, in the presence of the House, signed the Thc SPEAKEK. We thank you trlso. Kim. same. I think she is ;I product of P,,nnsylv:inia that nll the tnen~hers of the House can hc. proud of. pretty and hright ;md :rrtirul;~tc. LEAVES OF ABSENCE GRANTED We wish you well. WHare ill1 "cry j)rond of you. We cotlgmtu- late your mothcr and f;~thcrand thr, rest of your f;~nlily. The SPEAKER. The Chair recomizt~sthe maioritv. . whiu. Mr. GREENFIELII. Mr. Spe;rkt:r, I 1tnr.e no further requt,sls BILLS REPORTED FROM COMMITTEES for leaves of'ahsenrc. AND TABLED The SPEAKER. The Chair recognizes thc niiriority whip. HR 813, PN 917 Hy Mr. BllUNNEK Mr. RYAN. Mr. Speakcr. I rerlurst leaves of absence for Mr. RUTERA and Mr. YOFIN for todays session. An Act ;~nicndingthe ;wt of ,lrtnr 17, 1!11:3 (P. L. 507, No. :I:lfi), referred to 21s thc lntangihle Person;li Pmprrty T;IX Ili~w," The Sl'EAKEK. Without ohjcction. leaves arc granted. changing thc time ofl~:lymrntof the t;~w. MISS PENNSYLVANIA JIJNIOR MISS PRESENTED ~n;inrc The SPEAKER. The Chair ;lt this titlie invites Repri~s~~nt~~tivrHB 814, PN 918 By Mr. CAPLTO Honaman to come to the rostrum for the ilurllosr of introduc A, the act <,t. M;,~16, 1:jyj (p, 1,. 207, N~, ing the young lady. Miss Kim Wright. who is f'mnsylvania's l;l:i), i.cf'erl.ed to ;is the Municip;il Claim and 'Rrx Ixn I.;rw. Junior Miss. extending the, perlod for rcviv:lI of sr~gg,?stions;mil ;~vernments of nonp;rymimt ;and def;~ult;~nd thr time for filing and rrncw;rl Mrs. IfUNAMAN. Thank you, Mr. Spt.;rkrr. of ;rlI taxes ;lnd municip:rl cl;~imsto twclnty ye;lrs. It is n pleasure to introduce, a young 1;1dy frmi the distri(,t Urh;~nAff;rirs. which 1 represent, hut she has the rlistin<,tple;lsuril r,f rcprc.. senting all of you. Sh,, is 1'cnnsylv;inla's Junior MISS. HB815. PN 919 13v Mr. (:AI'UTO Beforr 1 introduce her, though. I would likw you to meet hr,r An Act zrrnending th<.:rct of August 22. 1961 (I' I,. 104:1. No. family and you will ser from wlienr~t~shr gets h~rgood looks - 475). ;,nlrn(~ed,..A,, act t,, ,,,,rt;lin ;rnd ~ll~l~ointth,> Mr. and Mrs. Wright and her f;mniiy. \Vc know this is ;I rzn.y f'ces to he rrcc.irtd i>,v the prothonr,bsry of tlip court of rornmon proud day for you. pleas of thr Can~rnonwr.althin ~ounticsof the third, fourth. fifth, sixth, scvcnth and cighth class: to pr

HB 1147, PN 1353 By Mr. J. L. WRIGHl An Act amending the "Surface Mining Conservation anc lowancc lor attend~ngronvmt~ons Reclamation Act," approved May 31, 1945 (P. L. 1198, No 418), requiring blasters to file a report hefore leaving the place Report,:d from Committee onUrhzm Aff;rirs. of work. Rereferred to Committee on Local Government Mines and Energy Management. HB 1780, PN 2160 By Mr. CAPUTO HB 1494, PN 1784 By Mr. CAPIJTC An Act amending "The Second Class Township Code," trp- An Act ;rmending the act of Octoher 17. 1969 (P. L. 263, No proved May 1, 1933 (P. 1.. 103. No. 69). increl~singthe per diem 1061, entitled "An act providing for th~Traffic Court of t'hilo. allowance for attending conventions. delphia," providing for three additiontll judges. Reported from Committtx~on Urban Affairs. Urhan Affairs. Rereferred to Committee on Lorel Government HB 1600, PN 1924 Hy Mr. CAPUTC An Act amending the act of llcmxuher 22, 1959 (P. L. 1978. CALENDAR No. 7281, referred to as thc Pennsylvania Harness Racing Law. TRANSPORTATION HILL ON SECOND CONSIDERATION further providing for thr~disposition of pari-mutuel pools and Pennsylv;~ninFair Funds. Agreeahle to order, Urban Affairs. The House proceeded to second consideration of Senate bill No. 840, printer's No. 900, entitled: HB 1633. PN 2193 (Amended) By Mr. BIZUNNEK An Act amending the "Tax Reform Code of 1971." approved An Act authorizing the Commonwealth of Pennsylvania act- March 4,1971 (P. I,. 6, No. 2). further defining "dividends." ing through the Department of Env~ronmentalResources to grant :I permanent right-of-way through the Jacohsburg State Finance. Park located in Northampton County Pennsylvania to the Bushkill-Lower Lehigh Joint Sewer Authority for sanitary sew- HB 1690, PN 2050 By Mr. CAPUTO er lines. An Act amending the. zict of Nuvemher 1, 1971 (P. L. 495, No. And said bill having been considered the second time and 113), entitled "An trct providing for thc compens;~tionof county agreed to, officers in counties of th,. second through eighth classes, for the disposition of fecs, for filing of bonds in certain cases and Ordered, to be transcribed for third consideration. for duties of certain offirers," providing cost-of-living allow- anrCS. APPROPRIATLON BILL ON SECOND CONSIDERA'I'ION Urban Af'firirs. Agrecv~hlrto order The House proct%ededto second consider;~tionof Senate hill SB 116, PN 1414 (Amendrd) By Mr. CAPUTO No. 1102, printer'sNo. 1406, entitled: An Act amending the act of' .July 28, 1952 (P.1,. 723. No. 2:i0), entitled 21s trmended "Second Cli~ssCounty Code" permit An Art amending the act of August 24, 1977 (No. 12-A), en- ting advertis~mentof the titlcs and summarizations in lieu of titled "IJederal Augmentation Appropri;rtion Act of 1977" add- the entire text of proposed ordin;lnces. ing and changing nppropr~ationsfor thc Pennsylvania Commis- sion For Women end to the 1)epartmr.nts of Agriculture Educa- Urb;~nAffairs. tion General Serviccs Health Justice Lz~borand Industry and SB 657, PN 1415 (Amended) CAPUTO Public Welfare, An Act amending the act of ,June 23. 1981 (P. I,. !1:32. No. And said hill having heen considered the secund time and 3171, entitled "The Third Clirss (:ity Code" permitting adver- agreed to, tisement of the titles :~ndsun~m:iric;~tions in lieu of thc cntirr- Ordrrei~,to hr tr;lnscl.ihrd hr thir[l consider;rtion, ttxt of proposed ordin;inces. Urhan Affairs. CONSERVATION BILL ON 'I'I1IRL) C0NSII)EKATION SB 664, PN 849 ny M~,~~pur~ Agrert:~hlr t~) order, Thc House proceeded to third considcr;rtion of House hill An Act ammding the act of ,June 5. 1947 (P. L. 358. No. %OX). ?"titled as trmended .-pllrking ~~th~~it~, NO. 124% printer'sN0. 1469, entitled: further powers of investment. An Act implementing Article 1 section 27 (Tht: Conserv.r t.ton Urban Aff;~irs. Bill of Rights) by authorizing the cre;~tionof natur;~lscenic and esthetic areas by counties cities horoughs incorpor;lted towns SB 987, PN 1303 Ily Mr. KOWALYSHYN and townships within their gcogri~phichoundzlrirs or two or more such government;rl units; and empowering governing An Act am'?nding the act of 19, 1974 (P. L. 4X9, No. bodies of political subdivisions to protect such ar,:;ts by regulat. 1761, entitled "Pmnsylvania No-f;rult Motor Vehir,le Insurance ing the reconstruction tIltpration restor;,tion dmloii. Act" further providing for a rate filing. tion and razing of buildings and othw structures. Insurtlnce. On the question, Will the Houstt :igrtLeto the hill on third cunsidrri~tion? BILLS REPORTED AND REREFERRED TO COMMITTEE BILL RECOMMITTED HB 1779, PN 2160 By Mr. CAPUTO Mr. FEE moved that House hill No. 1246 be recommitted to LEGISLATIVE JOURNAL-HOUSE the Committee on Conservation. I REMARKS ON VOTE On the question, The SPEAKER. The Chair recognizes the gentleman from Will the House agree to the motlon? Butler, Mr. Burd. Mr. BURD. Mr. Speaker, I would like he recorded as voting The following roll call was recorded: "yes" on the recommittal of House bill No. 1246. The SPEAKER. The remarks of the gentleman will be spread YEAS-179 up011 the record. Abraham Gatski MrCall Scheaffer Anderson Geisler MeClatrhy Schmitt FINANCE BILL ON THIRD CONSIDERATION George. C. McGinnis Sehweder I Armstrong Agreeable to order, Bellamini Georg*. M. McIntyre Scirica I Bennett Giammarco McI.ane Seltzer The House proceeded to third consideration of House bill Berlin Gleesan Mebus Shuman I Berson Goehrl Meluskry Shupnik INo. 1507,printer's No. 1807, entitled: Bittinger Goodman Milanovich Sirianni I Gray Milk Smith. E. Bittle An Act amending the "Tax Reform Code of 1971" approved Borski Greenfield Milliron Smith. I.. Greenleaf Misrevich Spmcfr March 4, 1971 (P. L. 6, No. 2) providing for a certain election of Brandt tax relating to aircraft. Brown Griero Mophlmann Spitz Brunner Halverson Morris Stairs On the question, Hamilton Mowery Stapleton Burns Will the House agree to the bill on third consideration? Caltagirone Hasay Mrkonie Stewart Caputo Haskell Mullpn, M. P. Stuban Cassidy Hay~s,D. S. Mullfn. M. M. Sweet BILL RECOMMITTED Cessar Hayes, S. E. Musto Taddonio I Cianciulli Helfrirk Novak Taylor. E. Mr. MANDERINO moved that House hill No. 1507 he recom- Cimini Hwffel O'Rrien. B. Taylor, F. mitted to the Committee on Appropriations. Cohen Honaman O'Brien, D. Tenaglio Cole Hopkins O'Connell Thomas On the question, Cow~ll Hutchinson, A. O'Keefe Trello Will the House agree to the motion? Davies Hutchinson. W. Oliver Valicenti DeMedio ltkin Pancoast Wagner The following roll call was recorded: DeVerter Johnson Parker Wanaacz I DeWeese Jones Pctrarca Wargo DiCarlo Katz Piccola Wass Dietz Kelly Pievdky Weidnu Abraham Garzia McCall Scheaffer Dininni Klingaman Pitts Wenger Anderson Gatski MrClatchy Schmitt Dombrowski Knepper Polite White Armstrong Gersey McGinnis Srhweder Donatucei Kolter Pott Wiggins Bdlomini Geisler McIntyre Scirira Dorr Kowalyshyn Pratt Wilson Bennett George, C. MrLane Seltzer Doyle Laughlin Prendergast Wilt Berlin George, M. Mrhus Shuman Duffy Lehr Pyles Wise Rerson Giammarco Melusk~y Shupnik Englehart Letterman Rappaport Wright, D Rittinger Gillette Milanovich Sirianni Pee Lrvi Ravenstahl Wright, J. Rittle Gleeson Miller Smith, E. Fisher, D. M Lincoln Xeed Yahner Rorski Goehpl Milliron Smith. L. Flaherty Livengoad Renwick Zearfoss Brandt Goodman Miscevich Spencer Foster. A. 1,ogue Rieger Zeller Brown Gray Moehlmann Spitz Foster. W. Lynch Ritter Zittrrman Brunner Grrenfield Morris Stairs Fryer Markowski Ruggiero Zwikl Burd Greenleaf Mowery Stapleton Gallagher Madigan Ryan Burns Grifco Mrkonic Stewart Gallen Manderino Salvatore Caltagirone Hamilton Mullm, M. P. Stuban Gamble Manmiller Sranlon Caputo Rssay Mullen, M. M. Sweet Garzisr Cassidy Ifask*ll Must0 Taddonio Cessar Hayes. D. S. Novak Taylor, E. Cianriulli Hayes. S. E. Noye Taylor, P. Cimini Helfriek O'Brien. B. Tmaglio Cohen ll"?ffel O'Hrien, I). Thomas Fischer. R. R. Geemy Noye Cole Honaman O'Connell Trello Cowell Rookins O'Keefr Valicmti Davips Flutrhinson, A. Oliver Wagnfr DpMrdio Hutrhinson, W. Panroast Wansarz NOT VOTING-17 DeVrrter ltkin Parker Wargo Arthurs Dumas Kernick Shelton DeWerse Johnson Petrarca Wass Barber Freind O'Donnell Vroon DiCarlo Jones Picrola Weidner Beloff (;iliette Rhodrs Williams Dietr Katz Pirvsky Wenger Rurd Harper Richardson Yohn Uminni Kelly Pitts White Butera Dombrowski Kernick Polite Wippins 1)orr- Klineaman I'ott Wilson Doyle Knrpper Pratt Wilt The question was determined in the at'firmativr :md the mo- nuffy Kolter Prendergast Wise Rnglphart Kowalyshyn Pylrs Wright. D. tion was agreed to. FCP 1.auphlin Rappaport Wright, J. L The SPEAKER. Thr! hill is so rerommitted. Fisrhrr. R. R. I.ehr Ravenstahl Yahner 2974 LEGISLATIVE JOURNAL-HOUSE October 26,

Fisher, D. M. Letterman Heed ~RT~OSS Cohpn Hoeffel O'Connell Trello Flahrrty I.evi Renwick Zeller COIP Honaman O'Kcrfe Valicenti Foster. A. 1,incoln Iiieger Zittrrnman Cowell Hopkins Oliver Wagner Foster. W. 1,ivengood Hitter Zord Llavies Rutchinson, A. Panroast Wansacz Freind Lagur Kuggirro Zsikl 17eMedio Hutchinson, W. Parker Wargo Fryrr Lynrh Ryan TlcV~rter Itkin Petrarca Wass Gallagher Medigan S;ilvator~ Irvis, IlrWresr Johnson Piccola Weidner Gall~n Manderino Sranlon Speaker IliCarlo dnnes Pievsky White Gambl~ Manmiller Dirtz Katz Polite Wiggins Domhrowski Kclly Pott Williams 1)onnturri Kernirk Pratt Wilson NAYS-2 norr Klingaman Prend~rgast Wilt lloylr Knepper Pyles Wise Halvprson Mackowski Duffy KoltPr Rappaport Wright, D. Englehart Kowalyshyn Kavrnstahl Wright, J. L. Fee Laughlin Reed Yahner NOT VOTING-14 Fischrr. R. R. Lehr Kenwick Zearfoss Arthurs Iloeatucci Khodes Vroon Fisher. D. M. Letterman Hieger Zeller Harher Dumas Richardson Williams Flaherty Lincoln Hitter Zitterman Reloff Iiarper Shelton Yohn Foster. A. Livengood Huggirro Zord Hutrra O'Uonnell Foster, W. 1,ogue Ryan Zwikl Freind Lynch Salvatore- The question was determined in the affirmative and the mo- "ye' Madigan Sranlon Irvis, Gallagher Mandrrino Scheaffer Speaker tion was agreed to. Gallen Manmiller The SPEAKER. The bill is so recommitted.

I,OCAI, GOVERNMENT BILLS ON THIRD NAYS-8 Mackowski Pitts CONSIDERATION Armstrong Halverson Dininni T.evi Miller Wenger Agreeable to order, The House proceeded to third consideration of House bill NOT VOTING-12

No.- ~~ 44..A~ orinter's ~~~- No. 44. entitled: Arthur~ L)umas O'Donnell Shelton An Act amending the "Second Class County Code" approved u.rh~r Gntski Rhndes Vroon July 28, 1953 (P. L. 723, No. 230). authorizing the jury corn- Butera Har~rr Richardson Yohn miisioners to join their State association providing for at- tendance at the annual meeting and authorizing payments by ~h~ majority required by the constitution having voted in the county pertaining thereto. the affirmative. the auestion was determined in the affirma- On the question, tive. Will the House agrec to the hill on third consideration? Ordered, That the clerk present the same to the Senate for Bill was agreed to. concurrence. The SPEAKER. This hill has heen considered on three differ- ~~~~~~bl~to cnt days and agreed to and is now on final passage. The House proceeded to third consideration of House bill The question is, Shall the hill pass finally? No. 858, printer's No. 965, entitled: Agree;rhln to the provision of the Constitution, the roll call A, ~~t amending "~h~county coden approved August 9, will now he taken. 1955 (P. L. 323, No. 130), further authorizing county commis- sioners to make grants or appropriations to historical societies. YEAS-180 On the uuestiun. Ahraham Gamhlc MrC;~ll Srhmitt Will the House agree to the hill on third consideration? Andprson Garzia McClntchy S~hw~der Brllc,mint Gp~sey MrCinnis Scirica Rill was agreed to. Beloff i;risli!r McIntyrp Seltzer Bennett Grorgt., (!. MI.I.;~~ Shumcn The SPEAKER. This hill has been considered on three differ- Berlin Gporgr, M. Mrhus Shupnik ent days and agreed to and is now on final passage. Berson (;iammnrro Meluskcv Sirianni The question is, Shall the bill pass finally? Hittinerr (;illrtk Milanovich Smith. F:, Hitl~r~' (;leeson Milliron Smith, I,. Agr~eableto the provision of the Constitution, the roll call Borski Guchrl Misrcvich Sprnrrr nnnAt.. . , . . .- . (:miman Morhlmnnn -snitl -.~- will now he taken. 14rown Gray Morris Stairs

...R~,,~~~~ "....,. Greenfield.~ Mowcrv Strni~tnn---- 1 nurd i;rr~niraf ~rkanrc Stewart Ahraham (:allen Mndipan Scanlon Bums (iriero Mullfn, M. P. Stuban Anderson Gamhle Mt~nderino Srhcaffer Caltag~ronr Elamiltrln Mullm. M. M. sweet A~~~~~~~~ Garzin Manmillrr Srhmitt Gatski Cnputo Hasay Musto Taddonio Hcllotnini MrCsll Schwpder Cassidy flsskrll Novak Taylor, E. Beloff (Geespy McClatrhy Scirica Geisler Cessar Hayes, I) S. Noye Taylor. F. Rennvtt McGinnis Seltzer Cranelulll Ilay'~s.S. F.. O'llrirn. B. Tenaglio Berlin Grorg~,C. Mrlntyre Shuman Cimini Hull'rick O'Rrirn. D. Thomas Berson GPO'W.M. M~L~~~Shuunik LEGISLATIVE JOURNAL-HOUSE

Bittinger Giammarco Mphus Sirianni of lines 23 and 24 and inserting further providing for assess- Bittle Gillette Mrluskey Smith. E. ment, revisions and appeals. Borski Gleeson Milanovich Smith. I,. Amend Bill, page 1, lines 27 through 29, page 2, lines 1 Brandt Gwbrl Miller Spenc~r through 30; page 3, lines 1 and 2, by str~kingout all of sad Brown Goodman Milliron Spitz lines on said pages and inserting Brunn~r Grsy Misrevirh Stairs Section 1. Section 102, act of May 21, 1943 (P. L. 571, NO. Burd Greenfirld Morhlmann Stapleton 254), known as "The Fourth to Eighth Class County Assess- Burns Greenleaf Morris Sbwart ment Law." amended in part June 30, 1969 (P. L. 103, No. 39), Caltagirone Grieco Mowrry Stuban is amended to read: Caputo Halverson Mrkonir Sweet Section 102. Definitions.-The following words and phrases Cassidy inm milt on Mullen, M. P. Taddonio shall for the purpose of this act have the meanings respectively Cessar Hasay Mullen, M. M. Taylor, E. asrrihed to them in this s~ction.excent where the context clear- Cianciulli Haskell Musto Taylor, F. Cimini Haves. U. S. Novak Tenaelio .- Cohen ~ayes.S. F,. Noyr Thomas assessment and revision of taxes in counties of the fourth, Cole Helfrick O'Rrien. B. Trella I-- Ho~ffel O'Brien. D. Valicenti fifth, sixth, seventh and eighth classes Hanarnan (YConnell Wagner -"Commiss~on" shall - mpan the commissio~for assessment ap- Hopkins O'Keefe Wonsarz peals. Hutchinson, A. Oliver Wergo "County" shall mean counties of the fourth, fifth, sixth, Ilutrhinson, W. Pancoast Wass Parker seventh and eighth classes. ltkin Weidner "Chief Assessor" shall mean the chief assessor appointed by Johnson Petrarca Weng~r Dininni the board. Jones Pievsky White "Assistant Assessor" shall mean such assistant assessors as Dombrowski Katz Pitts Wiggins Donatucci Polite appointed by the board to assist the chief assessor or the board. K~lly Wilson "Assessor" shall mean the assessor elected in each borourh. Dorr Kernirk P"tt Wilt town and townsh~p,and . each ward of each city, borough'or Doyle Klingaman Pratt Wtsr I..town, lncludlng the ass~stant assessor, IS any, in first class Duffy Knepper Prendprgast Wrieht. D. townships. Englfhart Kolter Pyles Wright. J. L. Section 2. Section 301 of the act amended June 30, 1969, Fee Rappaport Yahner Fisrher. R. R. (P. L. 103, No. 39), is amended to read: Kavenstahl Zrarfoss Section 301. Board Membership.-In each county there is Fisher. D. M. I.ehr Reed Zeller hereby cr~ateda "Board [of Assessment Appeals,] fore Flaherty Letterman Kenwick Zitterman Foster. A. Levi Kirger Zord Assessment and Revision of Taxes," hereinafter referred to as Foster. W Lincoln Ritkr Zwlkl the hoard. Except as hereinafter provided in this section for ap- Freind Livengood Ruggiero pointment of memhers, the board shall be composed of the Fryer Lome Ryan Irvis, each county. In each county of Gallagher Salvatore Spt'akrr or eighth class the county com- missioners may appoint a hoard conskting of three members to serve for terms which shall expire concurrently with the terms NAYS-2 of the county commissioners making the appointment. No more than two such appointed memhers shall be memhers of the Mackowski Piecola same political party. Vacancies happening in such office in any county of the fourth, fifth, sixth, seventh or eighth class shall he filled hy appointment by the county commissioners for the NOT VOTING-12 unexnired terms. The salarv of the members of the hoard in anv Arthurs Dumas Rhodes Vroon county of the fourth, fifth: sixth, seventh or eighth class shail Barber Harper Richardson Williams he fixed by the salary board of the county. Butera O'Donneil Shelton Yohn Section 3. Section 302 of the act amended January 18, 1952 (P. L. 2094, No. 5941, is amended to read: Section 302. Powers and Duties of the Board.-The hoard The majority required by the Constitution having voted ir shall have the power, and it shall be its duty, to the affirmative, the question was determined in the affirma (1) Appoint as hereinafter provided a chief county assessor tive. and such assistant assessors, clerks and other employes as may he deemed necessary. Ordered, That the clerk present the same to the Senate for (2) Adopt rules and regulations not inconsistent with this concurrence. act, which shall govern the chief assessor, his assistants and local elected assessors in the making of the assessment. Agreeable to order, [(3) Hear and determine appeals, as hereinafter provided, The House proceeded to third consideration of Senate bill from the valuations fixed by the assessor, or revised hy the board as the case may k.] No. 653, printer's No. 695, entitled: 14), , Establish.~~ ~ within the limits of this act. the form of the assessment roll and the order of listing of persbns and property An Act amending the act of May "5 lg4"cP. L. j7', No, i, such assessment roll and in the tax duplicates prepared from 254) entitled as amended "The Fourth to Eighth Class County such roll, Assessment Law" specifically empowering the appointed Board (5, annually and submit to the county commis. of Assessment Appeals to hear appeals from assessments of the ,ion,,, an estimate of the expense to be incurred incidental to chief county assessor. the carrying out of the provisions of this act. On the question, (6) Examine and revise the assessments and valuatians as hereinafter provided. Will the House agree to the bill on third consideration? (7) Establish a permanent system of records consisting of

Mr. WILSON offered the followine amendments: tax~~~~- mans.~ ~~~ .~~,,~ nron~rtvrerord cards~~ ~ and A,"nro~ertvowner's index. as hereinafter provided, and such additional maps, materials and Amend Title, page 1, lines 22 through 24, by striking out manuals as it shall deem necessary. "specifically empowering the appointed Board of' in line 22, all Section 4. Section 304 of the act is amended to read: 2976 LEGISLATIVE JOURNAL-HOUSE October 26,

Section 304. Expenses of Board and Commission to Be Paid (h) Any person aggrieved by any assessment may appeal to by County.-The county ch,.,missioners shall the [boardl commission for relief. Any person desiring to make annually to the board and commission such funds as may he an appeal shall, on or before the first day of Septemher, file necessary for the paymentof salaries, wages and other ex. with the board a statement in writing of intention to appeal, peuses incurred in carrying out the duties imposed upon the setting forth: hoard, commission- and [its] their employes by this act. (1) The assessment or assessments by which such person feels aggrieved: Section 5. The act is amended by adding an article to read: (2) The address to which the [hoard] commission shall mail ARTICLE 111-A notice of when and where to appear for hearing. COMMISSION FOK ASSESSMENTAPPEALS No person shall he permitted to appeal from any assessment Section 301-A. Commission for Assessment Appeals.-In in any year unless he shall first have filed the statement of in- tention required by this section nor shall any person he per- each county there shall be a Commission for Assessment Ap- mitted to appeal as to any not designated in such peals, elsewhere referred to as the commission, of three persons statement. to he appointed-- hy the county commissioners for terms four Section 7. Section 702 of the act, amended September 27, 1955 (P. L. 589, No. 1551, is amended to read: years concurrent with their termGne person shall be a Section 702. Appeal Hearings.-On the first business day fol- resident of the county who shall be a registered vo& who need lowing the first of September, the [hoard] commission shall have no special qualifications.---- The other two members shall be meet for the hearing of appeals and shall continue to meet for such purpose from time to time, until all persons who have familiar with real estate matters in the county.-- Vacancies shall stated their intention to appeal have heard and the ap- he filled by the county commissioners for the unexpired terms. peals acted upon, hut not later than the first day of October. Salariesof members shall be fixed by the salary hoard, ~h~ The [hoard] .-commission shall notify each person who has filed a commission shall have power to hear and determine appeals statement of intention to appeal, of the time and place where -- he shall appear for the purpose of being heard, by depositing from assessments and revisions by -~the hoard and to fix assess- such not,ce in the mail, addressed to such at the address ments after hearing appeals- by orders in conformity with their designated in the statement of intention to appeal, not later determinations than the fifth day preceding the day designated in the notice - for such appearance. All hearings on appeals before the [hoard] Section 6. Sections 604 and 701 of the act, amended January commission shall he open to the public and shall he conducted 18,1952 (P. L. 2138, No. 6061, and suhsectlon (a1 of section 701 in accordance with by the amended July 9, 1976 (P. L. 852, No. 1.50), are amended to - read: mission. Any person may appear and be heard, either in person Section 604. Assessment Roll to Re Open for Public Inspec- or by counsel. Any political subdivision having an interest in tion.-The assessment roll shall he open to public ~nspectionat the assessmentma,r appear be heard, &her by its solicitor the offices of the board at the county seat. during ordinary or counsel specially engaged for such purpose. At such hearing, business hours of each business day, from the time of comple- the [hoard] commission shall inquire as to the equity of the as- tion and delivery to the board, to and including the first day of --- septemher. uponreceipt of the assessment roll from the chief Sessment appealed from in relation to other similar assess- assessor, the hoard shall give notice by in at least ments, as well as to the proper value of the subject or object and not more than three newspapers the assessed, and after such hearing shall make such order as to it county,that such assessment roll has heen completed and the seems just and equitable, affirming. raising or lowering the place times when roll will he open for inspection, assessment appealed from. The order of the [board] commission shall in the same notice state that any person desiring to appeal shall he entered in the minutes of the [hoard] --commission, and from any assessment shall file a statement in writing, desig- copy of such order shall be delivered to the person who ap. uating the assessment appealed from with the lhoardlcom- pealed, either in or by mail, to the address shown in the mission on or hefore the first day of September. statement of intention to appeal, within five days after the Section701. ti^^^.-(^) uponreceipt of the assess. hearing on such appeal. The chief assessor and such assistant ment roll from the assessor, or as soon thereafter as possible assessors as he or the [hoard] commission may designate, shall and not later than the fifteenth day of August, the hoard shall attend each hearing and shall furnish the [hoard] commission examine and inquire whether the assessments and valuations with such relatillg to tile assessment appealed have been made in conformity with the provisions of this act, and shall revise the same, increasing or decreasing the assess- from, as the may desire, Either the ments and valuations as in their judgment may seem proper, commission or the person appealing may call such witnesses as and shall add thereto such property or subjects of taxation as they desire and as may be permitted under the rules of the may have been omitted. The hoard may revise and decrease the [boardl mmmission, and the [hoard] commission may examine assessment of real property the buildings of which are com- -- pletely destroyed or razed, taking into account the loss in value such witnesses under oath. For the purpose of examining wit- of the property for that part of the assessment year subsequent nesses, any the [board] commission shall he corn- to the destruction. It shall within five days after completing petent to administer oaths. said examination and revision cause to he mailed or delivered to Section 8. Section 702.1 of the act added March 26, 1957 each owner of property or person assessed, the value of whose (P. L. 22, No. 15), is amended to read: property or personal assessment has been changed from that Section 702.1. Assessment and Appeals First Year Per- fixed in the preceding assessment roll as corrected after revi- manent Record System in Effect.-This section shall he ap. sion at his last known address, a notice of such change, the plicahle in any county only during the first year that such amount of the present assessment and the amount of such new county makes its assessments for taxat~onpurposes ln the assessment. Said notice shall state that any person aggrieved entire county from valuations made with the use of the by such change or by any assessment, may appeal to the permanent system of records, conslstlng of tax maps, property [hoard] ---commission for relief by filing with the [hoard] commis- record cards and property owner's index, as required hy section 306 of the act herein amended. As soon as the valuations of real -sion on or the first day of a statement in property or the actual assessments for taxation purposes in any writing of such intention to appeal, designating the assessment taxing district has been completed, regardless of the date, or assessments by which such person is aggrieved, and the notice shall be given in the manner provided by the act herein address to which notice of when and where to appear for hear- amended by the hoard of each owner of property whose valua- ing of the appeal shall he mailed. tion or assessment has heen changed from the valuation or LEGISLATIVE JOURNAL-HOUSE assessment of the previous year, and any person aggrieved hy sion: Collection Pending; Appeal; Payment into Court.-Any any such valuation or assessment may appeal to the [boardl who shall have appealed to the [hoard] for commission for relief within thirty days after receipt of notice 6Gn --- relief from any assessment, who may feel aggrieved by the required to be given to property owners hy this section by filing order of the [hoard] in ,.elation to such assessment, the statement of intent to appeal as provided in section 701 (h). such anneals .;hall I~ ]lean! as soor, as r,ussib)e bv the may appeal from the order of the [hoard] commission to the [hoard]Eommission. ~~urtof common pleas of the county within which such proper- No other appeals shall he allowed that year frmn assessments ty is situated, and for that purpose may present to said court, of real property made upon valuations referred to in this sec- or file in the prothonotary's office within sixty days after the tion. notwithstanding the nrovisiuns of sections 701 and 702 of lhoardl.-- commission entered its order on the said assessment, a the act herein amendGd. A petition signed hy him, his agent or attorney, setting forth the Section 9. Section 703 of the act amend& January 18. 19~r2 facts of the case, ;ind thereupon the proceed at the (P. L. 2138, No. 606). is amended to read: earliest convenient time to br by them appo~nted,of which Section 703. Correction of Assessment Roll; Preparation of shall he to the [hoardl commission to hear the Duplicates.-When the [hoard] ....mmmission has completed the appeal and the proofs in thc case, and to make such orders and hearing of appeals and has in each case entered its order, the decrees determining from evidence sullmitted at the hear. chief assessor shall make such changes in the assessment roll as ing what ratio was used generally in the taxing district and the will make it conform to the orders of the (hoard] cummission.~- court shall direct the application of the ratio so found to the When such corrections have been made, the chief assessor. shall value of the property which is the subject matter of the appeal prepare three copies of the assessment roll and deliver them, on and such shall he the assessmeut the costs of the appeal and or before the first day of Ilecember, with his certificate that hearing to he apportioned or paid, as the court may direct: Pro- thev are a true conv." of the original assessment roll. to the fol- vided. however. That the a~~ealshall not nrevent the collection lowing: of ta&s based on the assekmmt complaiied of, but in case the (1) One copy to the chief clerk of the county commission same shall be reduced, then the excess shall be returned to the ers; perso11 or persons who shall have paid the same: And provided (2) One copy of such portion of the roll as contains the further, That the appellant nlay pay the amount of the tax assessment of persol~sor property within each school district to alleged to he due by reason of the assessment appealed from the the secretary of the hoard of school directors of the respective tax collector under protest in writing, in which case when the school district; and tax is paid over to the taxing district, it shall he the duty of the (3) One copy of such portion of the roll as contains the tax collector to notify the taxing district of such payment assessment of persons or property within each city accepting under protest by delivering to it the protest in writing. Where- the provisions of this act, borough, town or township, to the upon. the taxing district shall he required to segregate twenty- respective city clerk, horough secretary, town clerk or fivr per crntunl of the amount of the tax paid over, and shall secretary or township secretary. All copies of such roll so fur- deposit the sanle in a separate account in the depository in nished shall, for all purposes, be considered as originals. The which the funds of the taxing district are deposited, and shall said copies, in addition to the information required to he shown not he permitted to expend any portion of such segregated on the original assessment mll. shall provide space to the right amount unless it shall first petition the court, alleging that of each assessment for the entry of all taxes which may be such segregated amount is unjustly withheld. Thereupon, the levied thereon by the respective political subdivisions. The court shall have power to order the use by the taxing district of original assessment roll as corrected after appeals shall hc pre- such portion of such segregated amount as shall appear to said served in the office of the chief assessor, or of the hoard, and court to he reasonably free from dispute, and the remainder of shall he open to public inspection, subject to such regulations as the segregated amount shall he held segregated by the taxing the hoard may prescribe for the preservation and safekeeping district, pending the final disposition of the appeal: Provided of such roll. further, That upon final disposition of the appeal, the amount On or before the fifteenth day of Octohrr, the chief assessor found to be due the appellant as a refund shall also he a legal shall certify to the clerk or secretary of each political subdivi- set-off or credit against any future taxes assessed against the sion coming within the scope of this act within the county, the appellant by the same taxing district, and where a taxing value of real property. the value of occupations and the numhcr district alleges that it is unahle to thus credit all of such refund of persons subject to personal taxes appearing in the assess in one year, the court, upon application of either party, shall ment roll and taxable hy the respective political suhdivisions. determine over what prriod of time such refund shall he made, Section 10. Section 703.1 of the act, added Fehruary 28, 1956 and shall fix the amount thereof which shall be credited in any (P. L. 1193, No. 369), is amended to read: year or years. This proviso shall be construed to apply to all re- Section 703.1. Notice of Changes Given to Taxing Author- funds that ;Ire now due or may hereafter hecome due as the re- ities-When the hoard or commission-. shall make any change in sult of appeals from assessments that have not been finally the of three hundred dollars ($:100) or in the determined or adjusted a1 the time this act takes effect, regard^ assessed value of property as finally fixed in the preceding 1"s whether there has heen a payment of any moneys into assessment roll, or shall fix the valuation of roperty which has c~urtor to the tax collector undrr~writtenprotest: not theretofore heen separ;rtely fixed, whet[cr such change or Section 12. Sections 705 and 706 of the act, repealed in part new valuation is mad? htfore or after an appeal has heen hrard June 3, 1971 (P. 1,. 118. No. 61, are amended to read: by the [hoard] mmmission or thi. court of common pleas, the Sc:ction 705. Appeals.-The [hoard] commission, or any -- ~~ ~ board or commission give notice such or new person party to the xp~walto the rx~urtof common pleas, may appeal from the judgment order or decree of the court of com- valuation to the clerk of the city (if it has accepted the provi- mon ,,leas in any matter affecting the assrssment: Provided, sions of this act) in which the assessed property is located, to l'hat the appeal shall not the cr,llection of the taxes the secretary of the sr:hool district in which the assessed prop- upon the assessment f.ixed or allowed hy such judgnlent,,order erty is located, and to the secretary of the borough or township ,,, decree of the ,:ourt of common pleas, but in czisrlthe same in which the assessed property is located. The time limit within he red,,ced, then the excess shall he to the person which the city, borough, township and school district is entitled or who shall have same, to appeal from the actions of the board,~ommission,or from ti,,,, 706. ~~~~~l~ by ~~~i~ip~liti~~.-l"necorllorete au- the decision of the court of common leas shall commence to thorities of any county. horough, town, townshi11 or school run on the day such notice is mailed or btherwise delivered, district, whichmay fed aggrieved by any ;rssussment of any Section 11. Section 704 of the act, amended January 18, property or other subject of taxation for its corporate purposps, 1952 (P. L. 2138, No. 606), is amcnded to read: shall have the right to appeal therefrom in the same manner, Section 704. Appeal to Court from Order of [Board] (es: subject to the samt! procedur~and with like effect as if such zip- LEGISLATIVE JOURNAL-HOUSE October 26, peal were taken by a taxable with respect to his assessment, "mayw-appoint such a board. However, under Representative and in addition may take an appeal from any decision of the [board] commission or court of common pleas as though it had Wilsonxs amendment, he would propose that this action be mandatory. This I say you is wrong. I would urge the defeat been a party to the proceedings before such [hoard] commission to or court, even though it was not such a party in fact. of this amendment. Section 13. This act shall take effect in 60 davs. A2718 On the question, PARLIAMENTARY INQUIRY Will the House agree to the amendments? The SPEAKER. The Chair recognizes, for the second time, the gentleman from Bucks, on this amendment. The SPEAKER. The Chair recognizes the gentleman from Mr. WILSON. A parliamentary inquiry, Mr. Speaker. Bucks, Mr. Wilson, on the amendment. The SPEAKER. The gentleman will state it. Mr. WILSON. Thank you, Mr. Speaker. Mr. WILSON. If I care to interrogate the previous speaker, If the memhership would refer to the amendment, which is does that count under the rules of the House as- lengthy in print but short in material, page 3 really covers the The SPEAKER. Yes, it does. It would not count against him, meat of this amendment. What I would hope to do here is as was demonstrated by Mr. Gallen yesterday, hut it would change what I think is probably an error in our jurisprudence count against you as the interrogator. system, and that is to say that there is nowhere that I know of Mr. WILSON. I still, Mr. Speaker, would like to interrogate where we give a hody the right to do something, the right to the previous speaker, Mr. Fryer, if he would consent, please. create something and judge itself on its actions, but we do that The SPEAKER. The Chair would advise the gentleman that in the Board of Assessment Appeals. We say to the Board of there is no limit on interrogation. If the gentleman wishes to Assessment that it may levy on a house its estimate of value. If . ~nterrogateand then make a statement following interroga- the person is aggrieved or disagrees with the estimate of value, tion, that is within the rules. that same Board of Assessment may make the judgment as to The gpntleman, Mr. Fryer, indicates that he will stand for whether its particular decision was correct, was in error or not. ~nterrogation.The gentleman, Mr. Wilson, is in order and may What I would hope to do here is very simply add a "commis- proceed. sion for assessment appeal." The same county commissioners Mr. WILSON. Mr. Speaker, under the current act that who create the Board of Assessment would create the commis- creates the Board of Assessment, do not the county commis- sion for appeals. If I am unhappy with my assessed value ap- . sloners set the memhership on that Board of Assessment? Do plied to my property by the Board of Assessment and I wish to they not appoint the memhers? appeal it, I then go to this commission for my assessment ap- Mr. FRYER. They do. peal which shall he a different group of people hearing my Mr. WILSON. Do they not, with the salary hoard, fix any grievance, hearing my plea, to amend my assessment. I do not compensation? need to spend my legal fees to go on to a court to appeal what Mr. FRYER. They do. the Board of Assessment has applied. Mr. WILSON. What are the qualifications for the Board of I think this is a step in the right direction in curing some of Assessment. Mr. Speaker? Would you explain to me what are the ills that we have in our assessment process, Mr. Speaker, the qualifications for a member of the Board of Assessment? I and I would urge the memhership to adopt it. think this hody should know today what the Board of Assess- The SPEAKER. The Chair recognizes the gentleman from ment's qualifications are of any county. Berks, Mr. Fryer. Mr. FRYER. Mr. Speaker, my reply would be that the quali- Mr. FRYER. Mr. Speaker, I rise in opposition to the amend- fications are such as are determined by the commissioners. ment proposed by Representative Wilson. The amendment is Mr. WILSON. I would thank the speaker, Mr. Speaker. I not a meritorious one for the following reasons: It takes the would reserve my number two shot for later. In other words, county commissioners completely out of the process. They have last. had the responsibility both legally and historically with the The SPEAKER. There may not he any later. If the gentleman state. is not finished, he had better finish now. The amendment is not clear on qualifications of the ap- Mr. WILSON. Iunderstand. pointees and their qualifications. All it states is that at least Thank you, Mr. Speaker. two of the members shall have a background in real estate in In my interrogation of Mr. Fryer, he spoke about the quali- the area. There is no clear authority in this amendment as to fications. He also spoke about the board of commissioners hav- what the hiring and firing responsibilities of this hoard are. ing some sort of a right. What I am trying to point out is that Currently under law the commissioners have the authority to under our current law there are absolutely no qualifications for hire the assessors and assistant assessors. a hoard of assessment. Perhaps you might happen to belong to I also feel that this will further increase the cost of county the right political party. Perhaps you might have to have con- government by yet another independent hoard at the county tributed to the party in power. Perhaps you might have to have level. been a friend of the politicians who are controlling the court- Under present law for counties of the fourth through eighth house. But there are no laws in this Commonwealth that spell class, which is what this amendment addresses itself to, it out the qualifications for the board of assessment. Surely we states that the county commissioners may-I repeat, can give those same politicians, that same hoard of commis- LEGISLATIVE JOURNAL-HOUSE sioners the right to choose a judicial body that shall oversee, DiCarlo Honaman O'Connell Wiggins O'Keefr Wise shall hear the appeal on an assessment case from that hoard Hutchinson, A. E2znni Johnson Oliv~r Wright, L). that they so created. There is nowhere in our jurisprudence sys- ~~~b~~~~ki.jones P~trarca Yahner tem where the same body hears their own decision. Donaturci Kelly Pievsky Zeller Krrnick Pratt Zitterman Mr. Speaker, I think this is a step in the right direction. I Doyl~ Kolter I'rendergast Zwikl think this is a step to get us out of this mire that we have nuffy Kowalyshyn Rappaport known in the assessment process. It is a minute step hut it is a Englehart Laughlin Ravenstahl Irvis, step in the right direction. Fee I.rhr Reed Sprsker Thank you. Mr. Speaker. NOT VOTING-14 The SPEAKER. The Chair recognizes the gentleman from Arthurs Dumas Richardson Vruon Berks, Mr. Fryer, on the amendment. Barber Hutchinsan, W. Rieger Williams Mr. FRYER. Mr. Speaker, I would point out to the members Butera O'Donnell Shelton Yohn of the House that the commissioners have the responsibility of Davies Rhodrs providing the revenue for that county. I think it is most im- ~h,question was determined in the negative and the amend. portant that we should remember that this proposed amend- merits were not agreed to. rnent would once again he mandatory action upon that county, whereas, under present law, they do have that right to set up On the question that hoard if they so desire. 1 think the present law is the better Will the House agree to the bill on third consideration? of the two choices and I would once again urge the defeat of the was 'greed to. amendment. The SPEAKER. This hill has been considered on three dif- On the question recurring, ferent days and agreed to and is now on final passage. Will the House agree to the amendments? The question is, Shall the hill pass finally? The following roll call was recorded: Agreeable to the provision of the Constitution, the roll call will now he taken.

Bittle Hnskell Noye Shupnik Burd Helfrick O'Hrien. D Smith, I.. Burns Hopkins Pancoast Sprncer Ahraham Gamhle Madigen Sranlon Cessar Itkin Parker Stairs Andrrson Garzia Manderino Scheaffer Cimini Katz Piccola Taddonio Armstrong Gatski Manmiller Schmitt Fiseher, R. R. Klingaman Pitts Taylor. E. R~llomini Geesry McCall Srhwrdrr Fisher, D. M. Knrpper I'olite Thomas Brloff Geisler McClatrhy Scirica Foster, A. Lynrh Pott Wargo Bennett Geor~~.C. McGinnis Seltzer Foster. W. Madigan Pyles Whit? Berlin Georg~,M. Mrlntyre Shuman Freind MrClatchy Kyan Wilson H~rson Gismmarco McLan~ Shupnik Gwhel MrGinnis Salvatorr Wilt Rittinger Gill~ttr Mebus Sirianni Greenleaf Moehlmann Scheaff~r Wright, J. I.. Rittle Gleeson Meluskey Smith, E. Grieea Millrr Scirira Zpzlrfoss Borski (:aebrI Milanovirh Smith, I,. Hamilton Mowpry Seltzer Zord Brandt Goodman Miller Spencer Rrown Gray Milliron Spitz ~rpenfield Misrevirh Stairs 1 Rurd Greenleaf Moehlmann Stapleton Grieco Morris Stewart Abraham Flaherty 1,etterman K~nwtrk Halvcrson Mowrry Stuban Anderson Fryer Levi Ritter Caputo Hamilton Mrkonic Sweet Armstrung Gallagher 1.inroln Ruggiero Cassidy Harper Mullm. M. P. Taddonio Bellomini Gallen 1.ir~ngood Scanion Crssar Hasay Mullm. M. M. Taylor. E. Beloff Gamble I.okw?lr Sehmitt Cianriulli Haskell Must0 'raylor, F. Bennett Garzia Mackowski Srhwedrr Cimini Hayes. I). S. Novak Tenaglio Berlin Gatski Manderino Shuman Cohm llaves. S. E. Nor? Thomas Berson Geesey Manmiller Sirianni Cole ~rifrick O'Brien. B. Trello Bittinger Geislrr McCall Smith. E. Cowrll Horffel O'Brien. D. Val~centi Rarski George. C. MrIntyre Spi tz Ilnvirs Honaman O'Connell Wagner Rrandt G~orge.M. MrLanr Stapleton DeMedio Hopkins O'Kwfe Wansarz Brown Giammarco Mebus Stewart UrVerter Hutchinson. A. Oliver Wargo Rrunner Gillptte Melusk~y Stuhan 1)eWeese Hutchinson. W Pancoast Wass Caltagirone Glwson Milanovirh Swrrt, DiCarlo Itkin Parker Weidner Caputo Goodman Milliron Taylor. F. Di~b .Johnson Petrarra Wenger Cassidy Gray hliseevirh T~naglio Dininni Jones Piccola White Cianriulli Greenfield Morris Trello Ilombrowski Katz Pievsky Wiggins Cohen Halvrrson Mrkonic Valirmti Donatucri Kelly Pitts Wilson Col* Harper Mullm, M. P. Wagnfr 1)orr Kcrnirk Polite Wilt Cowell Hasay Mullpn, M. M. Wansarz Klingaman P"tt Wise IIpMrdio Hayes. D. S. Musto Wass Knrpprr Pratt Wriiht. D. DeVerter Hayes. S. E. Novak Weidner Kolter Prendergast Wright, d. L. DeWwse Hoeffel O'Brirn. H. Wrngrr Kowalyshyn Pyl*s Yahner 2980 LEGISLATlVE JOURNAL-HOUSE October 26,

Fisr.h*r, R R. 1,aoghlin K:ipp:tpurt Zr;trfoss nance, rule or regulation, which are based on a violation for Fishcr, I). M. 1,ehr Rnvmst;lhl Xrlirr which there is a specific penalty provided in this title, except F1;lhrrty I.rttcrm;~n Krrd Zitterrnan for [overtime] parking violations, shall he deemed as having Fostrl-, A. 1,pvi I1cnwir.k %ord -. Foster. W. I.incoln Ri~ger Zwikl been brought under this title and the assessment disposition of Frrincl T.ivcngood Kittrr the fines and forfeitures shall he so governed. Local ordinances Fryer 1,ogur Kuygirm Irvis. [regulating overtime] dating to parking sllall prescrihr fines Ga1laght.r I.ynl.Ii Ry;w Sprnkvr for violations and may authorize the payment of penalties in -. -. ~ Gz$ll~n M;trkowski S;llvat,orr lieu of fines~~ and- - costs under prescribed~ conditions.

NAYS--0 On the question, Will the FIouse agree to the amendments? NO'r VOTING-1 1 The SPEAKER. The Chair recognizes the gentleman from Arthurs I)um;w Kichilrdson Wi1li;m~s Erie, Mr. Bellomini. B;rrhrr O'l)onnt,ll Shvlton Yohn Mr. BEL1,OMINI. They are agreed-to amendments, Mr. TIutrr~ Khorlrs Vnmn Speaker. The majority rctluirtd hy the Constitution having voted in The SI'EAKER. The Chair thanks the gentleman, hut it will thr affirmative, the question was determined in t,he ;iffirmz~-be necessary for the gentleman to explain them briefly. tive. Mr. BELLOMINI. First of all, these amendments are the Ordered. That the clerk r-turn the same to the Senate with exact same amendments as those passed in HB 1171. They al- information that the lloustt has passed the same witla~ut low prking violations to be brought under this title, Title 75, amendment. under local ordinances, to allow local ordinances to set the fines for parking violations. Also, all overtime parking is repdated t1H 1.508 PASSb:l) OVER TEMPORARI1,Y hv local ordinances. The SPEAKEK. The Chair recants that the House has not Now, these amendments were done in this fashion for the fol- agreed to the bill, nor is Mr. O'Connell ready to offer his lowing reasons: They allow the State Police to cite for parking amendment. We will pass over the hill temporarily. We will re- violations, and costs must he paid in this instance because a turn to it when Mr. O'Conncll returns to the floor. magistrate is involved. And, also. in these amendments thev al- low local police to cite violators where there are no local ordi- URBAN AFFAIRS BILL ON THIKU CONSI1)E~RATION I nances- parking, Agreeable to order, This is one reason why we have inserted the sliding-scale The House proceeded to third ronsidcration of Senate bill fines. When prosecution is hrought under this title, costs must No. 524, printer's No. 1315, entitled: be paid. Then when prosecution is brought under this title, An Act amending Title 75 (Vehicles) of the Pennsylvania these irmendments allow the magistrate to set the fine on the Consolidated Statutes further providin~for waiver of costs by sliding scale up to $15. ordinance for certain summary parking violations. Thank you. Mr. Speaker. On the question. On the question recurring. Will the House agree to the bill on third consideration? Will the House agree to the amendments? Mr. BE1,LOMINI offered the following amendments: Amend Title, page 1, lines 2 through 4, hy striking out The folloaring roll call was rerordcd: "WAIVER OF costs BY OKUINANCF," in line 2, all of lines 3 & 4 and inserting for certain ~enolt,ies;and for prosecutions under local ordinances. Amend Bill, page 1, lines 7 through 19, page 2, lines 1 Ahrnhitm Gallnghrr Lynch Ruggiero through 23, by striking out all of said lines and inserting Gallen Markowski Ryan Section 1. Sections 3353 (e),3354 (e) and 6301 of Title 75, Gamble Madigan Qillviltore act of Novemher 25, 1970 (P. L. 707, No. 230). known as the t:z:lru"p Garaia Manderino Scanlon Pennsylvania Consolidated Statutes, are amended to read: IIplli,mini Gatski M;mmillrr Srh~affrr (j 33.5; Prohibitions in specified plares. . + Reloff Cetsry McCall Srhri~itt Hennrtt Mi,Cletrhy Schwed~r (e) Penalty.-Any person violating any provision of this Hcrlin McCinnis Spltzrr section is guilty of a summary offense and shall, upon convic- Herson George. M. Mclntyre Shupnik tion, be sentenced to pay a fine of not more than $15. Bittingrr Giarnn~arro hlrLane Sirianni (j 3354. Additional parking regulations. Hittlr Cillette Mphos Smith, E. .** liorskl Mrlusk~y Smith. L. (e) Penalty-Any person violating suhsection (a), (h) or (d) Brandt Milanovirh Spcncer is guilty of a summary offense and shall, upon conviction, be Brown Miller Spitz sentenced to pay a fine of not more than $15. Hrunticr Gray Milliron Stairs 5 6301. Prosecutions under local ordinances superseded by Hurrl Creenfleld Miscevirh Stapleton title. TIurns C~.ecnl~af Moehlmann Stewart

[When]~ bkccpt for parking violations,.~..~~~ when-- the same conduct (:alkigirone hlorris Stuban is [prescribed] proscribed under this title and a local ordinance, Monrry 'I'addonio :;::::. Mrkonic Taylor. E. the charge shall be brought under this title and not under the (:cssar Mullen. M. P. Taylor, F. local ordinance. Prosecutions brought under any local ordi- Cianviulli Mullen. M. M. 'r~naplio LEGISLATIVE JOURNAL-HOUSE

Cimini Raskpll Musto Thomas Caputo Hamilton Mrkonic Sweet Cohm Hayes, D. S. Norak Trrllo Cnssidy Mullen, M. P. Taddonio Cole Hayes, S E. Noye Valicrnti Cessar Hasay Mullen, M. M. Taylor. E. Cowrll IIrlfrirk O'Brien, H. Wagner (:ianriulli Haskell Musto Taylor. F. Ilnvirs Ilorffpl O'Brien. I). Wansal-r Cimini II;iyes, I). S. Novak Tenaglio DpM~dm Honamnn O'Connell War go Cohm Hny~s.S. E. Nnyp Thomas 1)~V~rter Hopkins O'Keefc Wass Cole Helfrick WBrien. R. Trello IIeWrrsr tlutchiwon, A. Oliver Weidnrr Cowrll O'Brien, D. Valicenti Di(:arlo Hutchinson, W. Pnncoast Wengtw navies Iionarnan OConnell Wagner Dirtz Itkin Pnrkrr White DfMedio Hopkins O'Keefe Wansac7. Dinirini .Johnson Prtrarra Wiggins DeVfrter Hutchinson. A. Oliver Wargo Dombruwski .Jones Pircola Wilson DrWursp Ilutchinson, W. Pancoast Wass IIonaturc~ Katz Piwaky Wilt DiCarlo Itkin Parker Weidnpr Dorr Kelly Pitts Wise Dirtz Johnson Petrarca Wenger Doyle K~rnirk I'olite Wright, D. Dininni .Jones Piccola White Duffv Klingaman f'ott Wright. .I. 1.. Domlirowski Ka tz Pievsky Wixgins IIi~mns Knrpprr Prett Yahnrr Dorr Krlly Pitts Wilson Englrhart Koikr Pn.ndrrg;ist Zearfoss DO~IP Kernick Polite Wilt Fee Kowalyshyn Pyles Zcller Duffv Klingaman P"tt Wise Pischrr. R. R. I.chr Kiigpaport %~tterm;m I)lm>as Knapper Pratt Wright, D. Fisher. D. M. I.rtliwnitn Itavenstahl Zord Englehart Kolter Prrndrrgast Wnght, J. L. Flaherty Lrvi Reed Zwikl Frr Kowalyshyn P~IPs Yahner Foster. A. I.inroln Rrnwlck Fischer. H. R. Laughlin Rappaport Zearfms Frrstcr, W. Livengood Riegrr Irvis, Fisher, D. M. Lchr Ravenstahl Zeller hind Logur Ritter Speaker Plahe-rty Letterman Reed Zitterman Poster. A. Lev, Renwick Zord Fost~r.W. Lincoln Richardson Zwikl Frrind Livcngo~d Riegcr Fryer Logue Kittcr Irvis, Gallagher I.vnch Ruggiern Speaker

NOT VOTING-11 I NAYS-O Arthnrs Rhrdrs Slreltan Willi;,ms NOT VOTING-10 13utrr:l llirhards<,n Swr.rrt Yohu O'l,onnell Sririca Vroon Arthurs O'Donnrll Sirianni Williams Bulrra Rhodes Vroon Yohn 'The question was determined in the affirmative and the oonntucci Shelton amendments were agreed to. Ii On the question, 'he majority required by the Constitution having voted in will the ~l~~~~agree to the hill as amended third consider. the affirmative, the question was determined in the affirma- ation? tive. Bill as amended wds axreed to. Ordered, That the clerk return the same to the Senate with information that the House has passed the same with amend- The SPEAKER. 'This hill has been considered on three differ- ment in the concurrence of the senateis requested, ent days and agreed to and is now on final passage. The question is, Shall thr hill pass finally? HI3 1508 PASSED OVER

Agreeable to the provision of the Constitution, the roil call The SPEAKER. HB 1508, which the Chair passed over tem- will now he taken. porarily, will go over for today. Change your calendar markings to show it is over for today. The gentleman, Mr. O'Connell, is still working on the amendments and does not have the final YEAS-190 lanzuare.,. ., Ahrahnm (:ollm Mackowski Ryan Andrrsun Gamble Medipan Salvatore TRANSPORTATION BILI, ON THIRD CONSIDERATION Arnmstmng G:~rzia Manderinr, Sranlon Barber Gatski Manmiller S~.hraffcr Agreeable to order, Hellomini Gresry McC;~ll Schmitt The House proceeded to third consideration of House bill Reloff (kislcr McClatrhy S~:hwrd*r Bpnnett (;rorge. C. McGinnis Scirira No. 504, printer's No. 548, entitled: Berlin (:ror~~.M. McIntyre Sr1tzi.r Berson Giammarro McI,z~nf Shu~nsn An Act amending the "Outdoor Advertising Control Act of Bittingpr Gillette Mehus Shupnik 1971" approved December 15, 1971 (P. L. 596, No. 160), fur- Bittle Glprson Meluskry Smith. E. ther providing for the deferred removal of signs giving direc- Horski Gwhpl Milanovirh Smith. L. tional information. Hrandt (;oodrn;m Millcr Sp~nrpr On the question, Brown Gray Milliron Spitz Brunnrr Grrmfield Misarrich Stairs Will the House agree to the hill on third consideration? Burd Grrer~lesf Morhlnrann Sliillleton Bill was agreed to. Burns Gripro Morris Stewart i Halv~rson Mowrry Stuhan The SPEAKER. This hill has been considered on three differ- 2982 LEGISLATIVE JOURNAL-HOUSE October 26, ent days and agreed to and is now on final passage. You should note on your calendars that there is an amendment The auestion is, Shall the bill pass finally? to he offered hv the .rentleman. Mr. Schweder, and there are three amendments to be offered by the gentleman, Mr. Pratt. Agreeable to the provision of the Constitution, the r311 call That is on HB 76, but that bill is passed over for today. will now he taken.

YEAS-192 EDUCATION BILL ON THIRD CONSIDERATION Abraham Gallen Madigan Scanlan Agreeable to order, Anderson Gamble Manderino Scheaffer The House proceeded to third consideration of House bill Armstrong Garzia Manmiller Schmitt No. 715, printerlsNo. 795, entitled: Barber Gatski McCall Schwedrr Bellomini Geesey McClatchy Scirica A Joint Resolution pro osing an amendment to the Constitu- Beloff Geisler McGinnis Seltzer tion of the Commonwea!' th of Pennsylvania removing certain Bennett George, C. McIntyre Shuman restrictions on educational assistance. Berlin George, M. McLane Shupnik Berson Giammarro Mebus Sirianni On the question, Bittinger Gillette Mcluskey Smith. E. Will the House agree to the hill on third consideration? Bittle Gleeson Milanovich Smith. L. Borski Goebel Millpr Spencer Bill was agreed to. Brandt Goodman Milliron Spitz Brown Gray Miscevirh Stairs The SPEAKER. This hill has been considered on three differ- Brunner Greenfield Moehlmann Stapleton ent days and agreed to and is now on final passage. Burd Greenleaf Morris Stewart The question is, Shall the hill pass finally? Burns Grieco Mowery Stuban Caltagirone Halverson Mrkonic Sweet The SPEAKER. The Chair recognizes the gentleman from Caputo Hamilton Mullen, M. P. Taddonio Cassidy Harwr Mullen. M. M. Taylor. E. Philadelphia, Mr. Mullen. Cessar Hasay Musto Taylor, F. Mr. M. P. MULLEN. Mr. Speaker, I really hate to get up and Cianciulli Haskell Navak Tenaglio oppose this bill because it has such distinguished sponsors, hut Cimini Hayes. D. S. Noye Thomas Cahen Hayes. S. E. O'Brien. B. Trello what this hill proposes to do is to amend the Constitution of Cole Melfrick O'Brien. D. Valicenti Pennsylvania, article 111. And, of course, it will require passage Cowell Hoeffpl O'Connell Wagner during this session and during the next session because it goes Davies Honaman O'Keefe Wansacz DeMedio Hopkins Oliver Wargo on the ballot. DeVerter Hutchinson. A. Panroast Wass I do not think this is the proper way to solve aid to nonpuhlic DeWeesr Hutchinson, W. Parker W~idner schools. I have always opposed it. Twenty years ago I opposed it DiCarlo ltkin Petrarca Wenger Dietz Johnson Piccola White and I oppose it today, and I will tell you the reason why. The Dininni Jones Pirvsky Wiggins problem in Pennsylvania about getting aid to nonpublic schools Domhrowski Kata Pitk Williams has never been the Pennsylvania Constitution. The United Donatucci Kelly Polite Wilson Dorr K~rnick Pott Wilt States Supreme Court found the aid to nonpublic school hills Doyle Klingaman Pratt Wise unconstitutional. The first hill we passed back in 1965 was the Duffy Knepper Prendergast Wright, D. purchases-of-services hill; the second hill we passed after that Dumas Kolter Pyles Wright, J. I.. Englehart Kowalyshyn Happaport Yahner and which was declared unconstitutional was the parent reim- Fee Laughlin Havenstahl Zearfoss bursement bill, and then the present bills that were under exist- Fischer, H. H. I.ehr Reed Zeller ing laws. Fisher, D. M. Letterman Renwick Zitterman Flaherty Levi Richardson Zord Now you must remember when the laws reached the United Foster. A. Lincoln Kieger Zwikl States Supreme Court, they did not say those bills were uncon- Foster, W. Livengood Hitter stitutional because of the Pennsylvania Constitution; they said Freind Logur Ruggiero Irvis. Flyer Lynch Ryan Speaker they were unconstitutional because they violated the first Gallagher Markowski amendment to the United States Constitution. That is why they were unconstitutional. If it were not on account of that NAYS-0 first amendment to the United States Constitution, they would have probably been found to be constitutional. NOT VOTING-8 Now what we are asking the people of Pennsylvania to do is Arthurs 0'L)onnell Salvatore Vroon to vote on something that, if it is successful, will mean nothing. Butera Rhodes Shelton Yohn Assuming that this constitutional question does reach the peo- The majority required by the Constitution having voted in ple of Pennsylvania in the form of a referendum on the ballot the affirmative, the question was determined in the affirma- and even assuming that they would vote to amend the present tive. constitution, what would it mean? It would not mean that we Ordered, That the clerk present the same to the Senate for would get aid to nonpoblic schools because the United States concurrence. Supreme Court said we cannot get that type of aid that we need because of the first amendment to the United States Constitu- HB 76 PASSED OVER tion. But what it does mean, and I hope nobody is offended be- The SPEAKER. HB 76, PN 1826, is passed over for today. cause I am going to he frank and honest with you, is a holy war, LEGISLATIVE JOURNAL-HOUSE

and this is what happened in New York. I rememher hack in keep fooling around, we will take the floor from all three of 1966 they were facing the same issue that we faced in l'ennsyl- you. vania. They asked me to go to Albany, and I went over and I Have you decided, Mr. Gallagher? The Chair recognizes the met with a group of people over there, and the issue was, gentleman from Bucks, Mr. Gallagher, the chairman of the should we make aid to nonpuhlic schools a question to he suh- Education Committee. mitted to the people in New York to amend the Blaine amend- Mr. GALLAGHER. Mr. Speaker, Mr. Kappaport wishes to ment which wc have in our constitution? I suggested "no." And address himself to this issue, and I think Mr. Garzia and I can the reason I suggested "no" is the very reason why I am sug- agree that Mr. Rappaport will proceed, if that is agreeable? gesting "no" to you today. The SPEAKER. The Chair tells the gentleman that the floor What would happen is simply this: As you know, 93 percent can he yielded by Mr. Garzia to him or Mr. Garzia can yield it to of the children who receive aid to nonpuhlic schools are Catho- the gentleman, Mr. Rappaport. If the floor is yielded to you, lic. Now when you look at the rest of the population, most of then you must either keep it or return it to Mr. Garzia. Does the the Jews are against aid to nonpublic schools, most of the black gentleman, Mr. Garzia, intend to have Mr. Rappaport take his people are against aid to nonpuhlic schools, and nearly all the place at the microphone? Protestants are against aid to nonpnhlic schools. Mr. GALLAGHER. Mr. Speaker, I accept the yield and I ac-

So what it would mean is simply it would be a holy war - the cept the floor and I yield it to Mr. Rappaport at this time. Catholics against the Protestants, the Jews and the hlacks. The SPEAKER. Apparently, Mr. Gallagher, you did not un- Now we do not want something like that in Pennsylvania. I derstand the Chair. would not mind taking the risk of winning if there was some- The Chair recognizes, at this time, the gentleman from Phila- thing to gain, but there is absolutely nothing to gain. If we did delphia, Mr. Rappaport, who will simplify matters very quickly win, as I explained to you before, we win nothing. here. So I do not think that we ought to create this type of problem Mr. RAPPAPOK'I'. Thank you, Mr. Speaker. in Pennsylvania to accomplish nothing. And what do we have While my name is not Shean, I will say, thank you, Mr. lose? We have a lot to lose, hecause this would be in the nature Speaker. A rather esoteric remark for the older member of the

of a referendum. If it went onto the ballot, what would happen~ ~ sum. .. is the people would say "yes" or they would say "no." If they The SPEAKER. They are not old enough to understand that said "no," then we would be faced with the problem, when the . )eke. You will have to explain that. The Chaplain, however, and time arrives, that we can change the viewpoint of the Supreme the Speaker ace both of sufficient age to recognize it and we Court, and that is not too far away because, if you recall, the both applaud you. last decision on parent reimbursement was n R-to-3 decision, Mr. RAPPAPORT. I would hope that Mr. McCormick has and we only need a 5-to-4 decision to win. So if a couple of those some identity with that as well. fellows who voted against this die or retire and we get new Jus- Mr. Speaker, I have long been in favor of state aid to nonpub tices in there, we will win. I do not want to be in a situation lic schools. Indeed, I was of counsel for schools in one of the where we can win and then have lost because we did a stupid cases that we lost in front of the Supreme Court, Lemon v. thing. Kurtzman. I thank the gentleman from Westmoreland for his So, therefore, I really ask you to seriously reject this concept kind statement. I was in favor of aid to schools. because we are not accomplishing anything and we are only go- As I remember when we had Hurricane Agnes, we passed a ing to create bitterness, which I do not like to see. I went special constitutional amendment that would permit state aid through it. I have been here for 20 years arguing these issues to some nonpuhlic schools that were destroyed or severely dam- and I know how prejudices are generated whenever you get in- aged by that flood in the Hazleton-Wilkes-Barre area, and , in- volved in a situation like this. And you can imagine what it deed, a number of parochial schools, including a Jewish school. would be if it became a statewide issue to amend the Pennsyl- were substantially aided in the rehuilding or refurbishing vania Constitution. caused by the damage of that flood. So 1 suggest that you vote against it, and we can avoid that is- I must disazree with ms friend from Philadelphia. Mr. Mul- sue. len. No matter what the United States Supreme Court does, we Thank you. are still going to he faced by this Pennsylvania constitutional problem. It is a problem that we had to discuss in arguing the Mr. GARZIA YIELDS TO MR. GAILAGHER Federal case, and it is a prohlem that we will continue to have The SPEAKER. The Chair recognizes the gentleman from in the future. Delaware, Mr. Garzia. I think we are going away from the era of exclusive depend- Mr. GARZIA. Mr. Speaker. I will yield the floor to Mr. Galla- ence upon the public schools. At least in the cities we are and gher. His statement might answer some of my questions. Then we are going to go to a greater dependence on the nonpuhlic I would like you to get back to me when he gets done. school. And one of the problems, of course, is not only the dete- Thank you. rioration of the public schools but the excessive costs of instruc- The SPEAKER. The gentleman. Mr. Gallagher, is deciding tion in the public schools. It has always been a mystery to me, whether or not he wants the floor yielded to him or whether he parenthetically, why the School District of Philadelphia needs should yield it in turn to the gentleman, Mr. Rappaport. If they some :1,000 administrators and the archdiocesean schools in LEGISLATIVE JOURNAL-HOUSE October 26,

Philadelphia, which have about the same number of students, (tant uart ul the le~albattle hefore the United States Sunreme need about 25 administrators for the same number of students. Court. If our own constitution did permit us to do this, I think That has always been a mystery. we would he in a better light before the United States Supreme I would, therefore, urge the passage of this hill. I think it can Court; that is, if this hecame law by changing our constitution pass. I think the voters will vote for it. I think the climate has and by having the General Assemhly enact legislation to give changed considerably in the last several years. The numher of grants or loans for all of education. 1 urge the members to con- students in nonpublic schools is growing by leaps and bounds. sider these facts and to vote in favor ofthe hill. And the gentleman from Philadelphia said that 93 percent of the students in Pennsvlvania are in nuhlic schools. Was that The SPFAKEK. 'I'he Chair rn.ogni~esthe gentlmr:ln froni the statistic? I do not want to misquote Mr. Mullen. I stand cor- l><:l;~w:n~,Mr. G;ir~i;i. Mr. (;AK%1.4. Mr. Speaker. Lhu primr sponsor of the hill is rected, Mr. Speaker. The gentleman from Philadelphia, Mr. Mullen, stated that 9'3 percent of the students receiving aid or not here. so I would likr to intcrrog;ltr Mr. (:all;~glr~~r. 'The SI'EAKER. 'The gentlc~n:an, Mr. c;;illaghpr, indicates whose schools receive aid are Catholics or are in Catholic that he will st;ind for interrog;~tion.'She gentIenl;~n.Mr. Gar- schools and, of course, there are a nuniher of Protestants in the zia, is it1 order arid may pr~x.cnl. inner city who are going to Catholic schools at the present time. I\lr. GAKZIA. Mr. Spcakr7r. thi. l;~ittwo spr,ak

The Chair recognizes the gentleman, Mr. (;allagher. likc tr, know what ihc, roet will he if this i3vi.rIx,com<:s ij re;llity. Mr. GALLAGHER. Mr. Speaker, on HB 715, Mr. Mullen ex- Mr. (;ALI,AGHF;R, hlr. Spraker. it is difficult to give you an plained to you about his 20 years of service and fighting for exact figure as to what it u,ould cost. You raised the question in this issue of aid to nonpublic schools. I have only 19 years of our caucus, and I tried to explain to you that this hill involves service in that hattle. Constantly this General Assembly fought, no cost to thr Conlrnonrvealth cxt,rpt for the fact that if we for aid t,o nonpuhlic schools. And whether it was thrown down adopt it, it goes on the ballot and the cost would he the ballot. If by the United States Supreme Court on article I, we constantly the adopts thc change in the constitution, then the Gen- are faced with article 111, section 29, of the state constitution er;d Assemhly, 1111 of us, would havr to decide what wr are go- which prohibits us from giving out loans or grants except for ing to do, what kind of grants and loans wt, ;ire going to give higher education. l%is hill would put on a referendum that we out :md how we are going to do it. Tht, words that we use, "non- change our constitution to permit loans and grants for any ty?e public," means thosp who are not in our regular public system. of education. The exceptioli again would stay in there on theo- It does not preclude them. Urider our present constitution they logical or seminary education. can recrive gr;lnts for mly higher education. When we take, out It is time, I helieve-and wr? tried this last year and it grassed the word "highrr" and just usit the word "education," that in- the House almost unanimously-that we stop trying to fight i:ludes everybody in Pennsylvania. That includes t,he ones who our own state constitution when we try to help the nonpuhlic are in the puhlic system who could reccivc grants or loans for schools. We try to skirt to article 111, section 29. The proper elementary and secondary as well as higher education. We are way of doing things would he to put this on a referendum and just tdkingout th? word"highc.r." let the public decide whether they want this General Assemhly l ;im trying to ;inswt.r both of your ~luestiotie.Firstly, tI1el.u is to enact any lesslation for grants or loans to nonpublic schools. no figure wi. can givt, you until after it htxi:r,~nrs21 iwnstitution;~l If that referendum passes, then the General Assemhly would r~hangeand the Genrral Ass~mhlyeniirts the method and the implement the method by which they would do it if it was dollars that it is going to us? to give out gr;tnts and lo;lns. adopted. If it is blot adopted, then we would stop playing games MI. GAKLIA. l'h:~nkyuu. and trying to skirt our own state constitution. Mr. Spaki~r.you know, it sounds gnxt the w;~yyou ;)re say- As Mr. Rappaport indicated, in the court case before the Su- ing it, hut 1 hnvr ant, liruhlem with it. We ;ire 11;iving prohlvms preme Court, our own state constitution was brought up as part now with nioney to implement what progralns w(, h;~vvnow of the arguments against aid to nonpuhlic schools. The Su- for thy school districts and the school systems across Lhv St;rtt: preme Court recognized that our own state constitution prohih- of Pennsl-lv;zni;,. You ;Ire just adding niort3 to it. :lnrl I just can- its us from doing it, hut their opinion and their decision was not see for thu lit'<:al' rnc why wc, ned a hill likr this. zeroed in on our United Stat~sConstitution. But I agree with Represmt;itive Mullen talked :~buuta court rlvr~siun.I hope Mr. Rappaport that our own state coiistitutiori is a very inipor- someday we xe,t.t ;I change in thc Suprmre Court and we get a LEGISLATIVE JOURNAL-HOUSE

favorable response to his request. Rut what wc are do~nghere. Mr. WILI.IAMS. Mr. Spcakrr. 2,s ;I follow-up rjuestion to th;it. in my opinion, I think, is opening up a can of worms. A few I guess rny re;,! coniwrn is. those wl~othought ot't,hr. idt::~. \vciuld years from now 1 proh;ihly will not hv hose taking ;I vote on it, you not ngrt,r! that the* ~~rocrdure:~nd the :rid coulii hr some- hut I am certainly going to have to p;iy for this in onr \v;iy or wh;it disrrii~iln;~tory.li:lsed nn 1'in;lncc. ;tnd so forth anti so on. anot,ht.r. and I think it is ;in injustice to the people, of tht, St;iti. if you prr,vidr:d ct5rt:iin limits ;lnd r.ert;iin c;ttvgortes? If you did of Pennsylv;~nia.What you arr doing now is riding :in t,xtra not provide t'in;im:ial linlits and th.it sort of thing, would it not hurdm on thrm hy h:rving to have rxtra lnurrpy for something then 11c possihir for :(I1 of the rlrildren in lruhlic schools to sf^ wt.reallv do not need. I ouuoa:. . this hill. 'Thank vou. rorc that urivate schrn~ledu<:;ition? I guess what 1 an1 suggrsting is that th,, ide;i in this bill sort 'The SPEAKER. The Choir rerognirrs the liidy fnini .4llr~~ of puts us on the h~~rnsoi' ;i dilvmn~a.In one instance, 11'wr s:iy gheny, Mrs. Kernirk. that everyl~odywould be entitled, thl:n that would r.nc~uriig(! Mrs. KEKNICK. Th;rrlk you. Mr. Speakpr. rvcryone, as Mrs. I(t,rnt<.khas i;lid, tu 1e:ivr the 11uhii1.s~~hools I have noticed that thts prolx~nenlsof this hill h:lvc not ;II.- arid go for :L priv;rt+: rducstion paid for hy the st;ire. On thr guiid against Representativr: Mullen's stittelnvrit that thr 17,s. other h:lnd, if you woulrl prescrll~rcert;liri limits, in other Constitutiolr t;~kcsprr~~~erlencc~. and reg;irdlrss of wh:rt we do in wurtls, if you say that the 1x,r,ple who go lo priv:~ttschorrls the Pennsylv;lni:~('onst~tl~tion. we c:lnrtr,t, i,\,erridt tlil- US. would havr to havr sr, much ahility to pay frorrr ilrr beginning, Cu~wtitution.Hot I erg,, thr morobrrsrrfthis llousc, 1.1, think of you wrluld. thprr,fore, ellrnlnate poor studt~nts. sonlething of even grrtltcr irnport;lnr,e. 'She thrust oi' my question is, with those cons~drr;~tions,zrily If this hill hecumt7s iaw. if the. pt.oplr vntt it in, wr! will pr"- formula that, we might figurt! out. 110 you not agret, that it vidc an incenlivv for pecrpi<, Lo t;ikr ttivir chilclr<.n out of ~~uhlir would h;ivt, to be inherently dis~:riniitratoryor defe;tting of thii s~,hoolsand put tliem in 11riv;lti. ii~hools.CVr nil1 undc>rrrrirle whole 11uhlic e~lu<,;~lionsystem in our statt~? puhlir <:ducation, ;tnd 1 urge it '.LI<< vote, on this hill. Mr. GALLAOHEK. Mr. Sjrrt~krr,th;~t, agair~, is :I hyl,otilet~~ 'The SPEAKER. The Chair recognizes the gi!~rtleman frirtri ral qupstian you arc, throuirig ;)I us. It is sr,rni,tliing that wit Philadrlphia, Mr. Williams. nriyht lit, r.onsidi51.ing :iyi,;irs froni IIOX, \vh,,tilcr wex :!r~.going Mr. WII,I,IAMS. Mr. Speaker, I havc the s:~mcronwrns th:jt to svt the guidt,llnes. ;ind what thrir fiilnily incrmri should he. Representative Kernivk has. I wzmted to xsk one of thr, m;~in l'h;~tis sometliing, ~t'yu,,and I :~rchew ;ind th~sI~vornrs :I part s~~onsorsof the hill to suhinit to inttarn~gntionalong rll;~tlint.. oi' our constitution, th;~tw,, woiilil ll;rvt, to co11sidi.r. We 1h;ivr The SPEAKER. Will the gentleman. Mr. C;;~llagtrcr,suhmit don,, that thruoglr r,rn state s,~hoIarshi~~agc,ni,y. M'e h;iv<, set to interrogation? guidrllnvs as to tll,: f;>mllyi~~cornc-, how m;irry i!irll:~l-stiley can Mr. GAI,I,A(;HEll. Yi~sI will. get to go to r.ollege, their gr;tnti, iinrl their 1~~:ins.Wc, ha~edon<. Tlre Sk'KAKER. Tht. gentiam;in. Mr. (;;illaghcr, inilicatrs it i~ithat vein IS you nin reinemli,,r whpn Mr. blulicn l~;lsscd that he will stand for inttnogation. Tht gentlcnri~n.Mr. Wil- ihr ~rarent~ll;issist;inrr :act, thcri. was ;i fi;~t mount going to liams, is in order and mry proa\ed. evrry studmi who went 1.0 a n,,npuhln: svhool. wilhuut :in? coil- Mr. WII,I,IAMS. Mr. Speaker, has there t~r(!nany i~nalysisby stder:alion of 1':imily inroiilc or ;i!i~lity to 11;ry. '17h;it .;cl,ot,l ri.- the prt)ponents of the idea in this bill as to thc: numhi:r 01' itu- cciverl a S1:lt ;imuont per st~lilriit.Thi~t w;us tilr ;i<,t ltlat w:i- dents who might lx, rligihle for :lid to ~~riv:itt,schooli: nnd, struck down hy thr Unitid St;itc!ii S~>~rt,nlrCourt. l'h;it docs roughly, what the aniount of moricy per stiidcnt woul~llx,: and not ini.ari wt2 arr going to Soll<~a.tlii x;rme piiilosol,hy, hut that thirdly and most, itnportantly. is then: :my re:iajil to h~lit-vris what the (;mcral Asi;~~nrhlydirl ;I{ that tinic. that ;ill students. espt-cially those in prohlern:itic;rl puhli, s,.hool I think your concern is that if this passes. or tnayhc I am rcad- districts, would not :111 want to go to g~riv;ittschools on puhlii: irig you that you believe that if tlir referendum is on thr hallot, money? Ilo you have thv thr~istof my three i(ui,stiirns'? it will pass, ;md it will cost us morc money and nr:iyhe he dis- Mr. C;AI,l.A(;H1.:Ii. Mr. Sl~t,;lke~..:lp,;iin 1 would have to say criminatory in the method in which it is distrihutcd. I think that if tht rcferendunl pirsses, then the Ceni.ra1 Assenlhlv has that is what 1 am reading you as sdying. I do not know that it is the ogportunity to sit down am1 drxi

The SPEAKER. The Chair recugnizcs the. gentleman from courses, what disciplines are involved? Is that the question? Montgomery. Dr. Pancoast. Mr. DAVIES. Yes, what specific courses? Mr. PANCOAST. Mr. Speaker, I feel very much thr sarnt: as Mr. GALLAGHER. I will just read to you from t,he state con- the gentlpman who h;ls just spoken on thls p;lrti<,ul;,r irmt~nd- stitution what it says in article 111, section 29: We shall give ment at this particular time. ". . . in the form of scholarsl~ipgrants or 1o;ms for higher educa- However, my position is just th,: opposite. I think we should tional purposes to residents of the Commonwealth enrolled in seek further definition of particular terms as they are l~roposrd institutions of higher learning except that no scholarship, in this amendment. grants or loans for higher educational purposes shall he given On the second page, all wa do is delete the word "hight?r" to persons enrollc~din a theological seminary or school of theol- from line 3, add the word "educ;ition;ll" on linr 4, and delete on ogy." That is all it says, Mr. Speaker. That is what the constitu- line 4 "of higher learning". tion says. I am not exactly sure whnt wu mean when we say that grzints The Generel Assemhly had already, in 1965, passed into law or loans shall be made in the form of scholarships or grants or ;I srholarshil~~grantprogram. In 1965. we passed a scholarship- loans. By whom? By some central stat,? :rgrncy or by local grant program. In l%iX, we passrrl this whole constitution ;is it school districts? is today, which verified and legallzed what we were doing in If we are thinking in terms thr: voucher system. every 1965. l'he scholarship ;rgencv. thu I',~nnsylv;~ni;rHighiv F:dut,;r- voucher system with which 1 am familiar has hern ;~dn~inis-tion Assistanl Agmt,v, h:rs st,t into rules and rrgul;,tions. after tered locaily. Is this what this means or is it not? an act by this General Assemhiy creating them, wh;rt types of I think these are questions that really have to be answt:rrd in institutians that tia. students <:auld go 10 ;tnd rrt,r.ivc gr;lnts a much more definitive proposal than the one we have before us and loans. today. Those rrgulations say that they have to be accredited institu~ It speaks of enrolling in educational institutions. There are lions of higher learning in the United States, period. It does not many, many types of educational institutions and specific say what lund of courses they are going to take. It does not say training in various areas; training you how to heconle the oper what kind of discipline they are going to take. It goes a little ator of a massage parlor, training you how to hecome an opor- further in nursing. The General Assembly identified and speci- ator in a cosmetology school, a regular basic system of educa- fied business schools and schools in the vo-tech area of postsec- tion. 1 do not know but I think when we speak in terms of ondary education. That was what the General Assembly did educational institutions, we have to give some considerable and gave the authority to the scholarship agency, pericrd. thought to what is meant by an ~ducationalinstitution. Now if this hill hecomcs law hy ;I rt~ferendum,thim the (;en- The gentleman from Philadelphia, I think, did raise ;I very era1 Assemhly has the opportunity to spell out whrther it significant qupstion. We may want to ;lmrnd the I'ennsylv;ini;~ would do it by ;I separate agrnr:y or whethrr it would attach it Constitution, hut even though wr m,'15 . ;irncnd it here in I'enn to the, ~)rrsrntsrholnrship an11 1u:m ;agency. The (;rneral sylvania, it still nlay not he constituti

This is just ;) constitutinn;il ;rmrtndment. If it is adopt~ri,then Now I wish you would mention and say something about if we are going to have to r:ume b;rr:k hrrp :and decidp ahat tylri, of this becomes a reality, not just to say it is all on the ballot education wt2 ;Ire going to give students through grants ;lnd whether you want to go through with it or not. What I want to loans. know is how much this is going to cost me as a taxpayer if this Mr. 1)AVIES. All ri~ht.So then under that broad scope it becomes a reality, and that is the question I asked you - how would he possihlr in thc future for someone to attmd the much is it going to cost me and my next-door neighbor who Krishna school for religious tririning with ;I voucher? The Uni- does not have any kids going to school? fication Church of thy Kcvctrend Moon Hi~hSrhool? 'Thc Thank vou. Mr. Sueaker. Madalyn Murray Memorittl Srh~ml? The SPEAKER. The Chair recognizes for the second time the Mr. GAI,I,AGt1EIt. No, Mr Speaker. I h:rvr, to- gentleman from Philadelphia, Mr. Kappaport. Mr. DAVIES. The Guru School of 'Transcendental Mrdit;~. RAPPAPORT, Thank you, Speaker, tion? And thca P;ilt:stini;in Lihtxration Sdhool for Revolutionary First, Mr. Speaker, 1 would like to call the gentleman to or- Training'? Those would all hc ones that we would havr to deridc der. I personally resent having any hill that I might he support- on a laundry list of schools that would then he able to receive a ing characterized as sneaky. If the gentleman feels that there is voucher for, let us say, elementary or secondary education? something in this hill that we have not talked about, I suggest Mr. GALLAGHEK. 1 think, Mr. Speaker, if that is the list of the point it out on the floor. If the gentleman does schools that you :Ire interested in, then that is the only w81y thi: not have the ahility to do so, I suggest that he refrain from that General Assemhly would consider them, if you would hring it kindof language, to their ;attention that they arcs the ones you wanted. Mr. GARZIA. Mr. Speaker, may I respond? May I respond to 1 do not think that is what the General Assemhly wants. Mr. Rappaport, please, sir? Speaker. 1 think your argument is vrry difficult to address your The SPEAKER. The Chair fully expected that you would. answer to properly without hecoming f;~crtious.;IS you arp be^ Mr:GARZIA. The reason why I mentioned the word "sneaky" coming facetious with me. is because for the last 46 minutes all we have been talking Mr. DAVIES. Well, would it he in the wisdom then of 102 about is the constitutional amendment to it on the to votes of this pirrticular hdy to rltxr.id~:whirh ones would have to make a change in how you give money out to the public and he st:parated out for approval or not, or would it remain with nonpuhlie schools. That sounds great, hut the real reason he- the selection of the Department of Eduration to make thosr dr- hind this hill is how you can help a low-income school district, cisians as to which would he :~ccrt~d~ted'? That is why I made that statemmt, because many a hill that Mr. GALLACHI.:R. I think. Mr. Spe;lker, that it woulrl hr up was passed up here started out to say that the sky is blue, hut to the General Assemhly 1.0 rn;lkc that determination. And, Mr. the time the gets done signing the thing, they say Speaker. I ;am sure that you woul~imake sure that it was n>;idc that the sky is purple. So I do not want to listen to any of that. here and not in the dep;rrtmmt. As the mayor of a small borough, I had to deal with a lot of Mr. DAVIES. Thank yo11. hills that were passed up here. When you questioned them, The SI>F;AKE;R. Tho (:hair rccogniLtls thp gmtleman from th~said, well, we did not mean it that way, hut that is what Delaware, Mr. Garzio. came out in the final analysis of the bill. That is why I used Mr. GAKZIA. I am a i:ospons~rof the hill hut that really does that. Now if I offended you or anybody in this House, I apolo- not mean anything, ~~~b~ I underst;,nd it now; that is why I gize for using that word "sneaky." Maybe it was a poor choice of am against the bill. words, hut that is how I feel. But I ;rm getting the sneaky suspicion that this is one of those Thank you. sneaky deals that goes in tht Ifouse here where you say the hill The SPEAKER. The Chair recognizes the gentleman, Mr. does one thing hut when it hecomes a reality it is somcthing Rappaport. tEGISLAnVE JOURNAL-HOUSE

Mr. RYAN. Mr. Speaker? Mr. RITTEK. Mr. Speaker, I was not going to speak on this The SPEAKER. Boy, you Irish just love a fight. do you not,? hill until Mr. Rappaport got up for the second time and men- You have to get in it one way or the other. tioned that, yes, this was going to cost money. All right. Will the gentleman. Mr. Rappaport,.. . yield? Mr. S~eaker,what I am really concerned about is that if we pass this and the public approves it, what wp are going to end The Chair recognizes the minority whip. up with-maybe not in 2 years or in 5 years hut somewhere Mr. RYAN. Mr. Speaker, I would just like the record to re- down the line-is a dual system of education in this Common- flect that I did not enter into this controversy between Mr. wealth, a syst,em of puhlic education supported by puhlic tax Rappaport and Mr. Garzia. money and a system of private education supported by puhlic The SPEAKER. We will let the record so take note that for tax money. I think that we need to protect the integrity and the the first time in about 10 years, a fight took place on the floor sanctity of the public education system, and I am concerned and Mr. Ryan was not in it.

that~ ~~ ~ if we nass this constitutional amendment. what we are ro- The Chair recognizes the gentleman, Mr. Kappaport. ing to he doing is encouraging people to leave the public school Mr. RAPPAPORT. Mr. Speaker, I understood that Mr. Galla- system, as Mrs. Kernick pointed out, and I think the costs are gher was involved, and if my name were Shean. I would he in- going to be just as great whether you have to increase the puh- volved, hut I do not see where Mr. Ryan gets involved in it. lic school appropriations or whether you put them into private Now to the substance of this bill: Mr. Speak5.r. we are not schools. But I think that we have had historically an obligation draftinga statute here; we are talking about a constitution. The in this Commonwealth to provide a system of public education, gentleman, Mr. Pancoast, asked ahout details of it, and we are and I do not believe that we ought to he violating that now. I unable to give them to him because there must he enabling leg- am very fearful that this amendment will pass this session and islation. I think his questions were very realistic: questions and will pass next session and will prohahly he approved by the peo- proper questions. We are unable to answer them at this time. ple, hut I think when the hill comes due and the time comes to Does this constitutional amendment open the door ;IS I he- pay it, they are going to he very disappointed. So I intend to lieve Mr. Pancoast asked? It most certainly does. There is no vote in the negative, Mr. Speaker, on HR 715. question about that. The SPEAKER. The Chair recognizes the gentleman from The gentleman from Delaware, Mr. Garzia, has raised proh- Philadelphia. Mr. Mullen, for the second time 011 the issue. ]ems about cost. Ixt me address myself to that, Mr. Speaker. Mr. M. P. MULLEN. Mr. Speaker, I will try to he brief. I just We have a situation in our urban school districts-and I include want to answer some of the questions that were raised by the many of the districts in Delaware County in that classifica- prior speakers. tion-where the cost of educating a child per year is almost First of all, I want to make it clear to everyone that thr pro- $2,000 per year, and that is paid for by the taxpayers. Many of posals that we had offered here in the House of Representatives those same taxpayers send their children to nonpublic schools many years ago were all carefully thought out, and we felt that and come up with an additional $500, $600, $700, $800, or they met the requirements of the Pennsylvania constitution. $1,000 a year to educate their own children. As a practical mat- Both the Purchase of Services Act and the Parent Reimhurse- ter, if we do not give aid to nonpublic schools, those nonpublic ment Act were based upon a Pennsylvania Supreme Court deci- schools are going to close and those children are going to be in sion. It was a 1,utheran school in Allegheny County that was be- the public schools, and the public schools do not have the fore the Supreme Court 1 think in 1947, and the Pennsylvania money to educate them unless we double and triple the present Supreme Court said that the purchases of services which were school tax rates and double and triple the subsidies from this then being made by the State of Pennsylvania from the Luther- Commonwealth. And that is the cost. an school in Allegheny County were in fact constitutional and Leaving aside all of the rhetoric of holy wars, which has a did not violate Article 111, section 29, of the constitution. place-and, unfortunately, it could become that-and trvery- Now when the arguments of our opponents were formulated thing else in terms of dollars and cents, if the parent sending and presented to the United States Supreme Court in the case his or her child to a nonpublic school is faced with an increase that Mr. Ragpaport referred to, Lemon vs. Kurtzman, in all of in taxes for puhlic school purposes, I do not think they are go- those briefs they referred to Article 111, section 29, of the Penn- ing to support that increase in taxes for puhlic school purposes. sylvania constitution and said that the bill was unconstitu- It is going to happen in many neighborhoods of Philadelphia; it tional for that reason. However, the United States Supreme is happening in my own neighborhood. And that is what I am Court automatically eliminated that argument by saying that concerned about, leaving aside any other issues. your own Pennsylvania Supreme Court said it was constitu- Yes, this is a monetary problem, and if we do not do some- tional so why should we say that it was unconstitutional? Then thing about it, we are going to be doubling the subsidies to the they went to the United States Constitution, Article I, and said schools. And we are going to have to vote for it, and I am going it was unconstitutional. So that argument was raised before the to have to vote for it, and everybody else is going to have to United States Supreme Court; they did not feel that it had any vote for it, unless we try and do something ahout it now. validity; and if that is all we had to argue, we would have had Thank you, Mr. Speaker. constitutional bills in Pennsylvania. The SPEAKER. The Chair recognizes the gentleman from Le- Now there was an argument made that this is extremely cost- high, Mr. Ritter. ly, and I guess I am arguing the other way but I think I have to 2990 LEGISLATIVE JOURNAL-HOUSE October 26, answer that question. Really, aid to nonpuhlic schools is the ting the private education. Thank you. best argument in favor of reduced expenditures for both public On the question recurring, and nonpuhlic schools. Look what happened in Philadelphia. In Shall the hill pass finally? Philadelphia we used to have a large nonpublic school popula- tion. As a matter of fact, in the city of Philadelphia just a few Agreeable to the provision of the Constitution, the following years ago. we had something like 148.000 children attending roll call was recorded: nonpuhlic schools. What happened when our hills were declared unconstitutional? When they were declared unconstitutional, YEAS-70 we had to then charge tuition, and as soon as we began to B~II~~~~~Geisler McLane Stairs charge tuition, the students in the nonpublic schools began to Berlin George. C. Mebus Stapleton Berson Giammarco Mrlusker Stewart drift over to the puhlic schools. This placed a burden upon the Gillrttr Milliron Stuban public schools that we had a difficult time to meet, and this is H~~~~ Grenlraf Mrkonir Sweet the problem we have today in Philadelphia and, to a lesser ex- Rurns Hnlvprson Musto Taylor, F. Caputo Heifrick O'Kerfe Tenaglio tent, in the rest of the state trying to get the money to absorb Cassidy Hoeffel Pievsky Thomas the nonpuhlic school students. Cohen Hutchinson, W. f'itts Vroon Ten years ago in Pennsylvania we had 635,000 nonpuhlic Itkin Pyles Wagner Crrwell Laughlin Happaport Wnnsacz school students attending nonpuhlic schools. We had roughly DeWeese 1,pvi Reed Wargo 2,200,000 attending public schools. What has happened is the D~~I~Lincoln Ryan Weidner nonpuhlic school population has been reduced from 635,000 F1~lhcrt? Lynch Schweder Wilson Foster. A. Mackowski Scirica Wright, J. I.. down to 410,000, and this is due primarily to tuition charges Preind McCall Shupnik Zearfoss that have to he made. Gnllagher MrClatchy Spit2 Zitterman Now one of the grave risks that those who support aid to non- Gatski McGinni- puhlic schools encounter with a proposal such as we have before us today is that we are now, this year, under existing law NAYS-119 receiving $60 million to $70 million in aid for nonpublic Ahraham tiallpn 1,irenyood Rieg~r schools, primarily in the transportation field hut in many other Anderson Gamble Logue Ritter fields. Approximately $60 million to $70 million we are now ~~~~t~~~~ ~~~~i~ Madigan Ruggiero receiving this year. If this proposal goes on the ballot and the Barber Gws~y Manderino Scanlon Belaff G~orgr,M. Manmiller Seheaffer people reject it, what is going to happen for all practical Glpeson MrIntyre Schmitt purposes is we will have to stop the aid that we are now get- ~ittle tioebel Milanovirh Shuman ting, and this is a grave risk. I mean, I would not mind, as I said Borski Goodm;m Miller Sirianni Rrandt Gray Misrevirh Smith, E. before, taking the risk if we had an opportunity to get some- Rrunnrr Greenfield Mwhlmann Smith, I.. thing from it. But even if we succeed, we get nothing. And ~urd Grieco Morris Spencer there is no chance of getting anything, as I told you before, Caltwironr Hamilton Mowery Taddonio Crssar Harppr Mullen, M. P. Taylor. E. until the United States Supreme Court changes their position, Hasay Mull~n.M. M. Trello

and they are not going~~ - to change their position until a couple of ~imini Haskrll Novak Valicenti guys die or retire and we get some guys on there who are going 1)avirs Hayes, D. S. Noye Wass DeMrdio Hayes, S. E. O'Rrien. R. Wcnger to be in our favor. DrVrrter Honaman O'Connell White So there is a rood.. 1oeir:al., areument- for not eoine for it. be- nirt:, Hopkins Oliver Wiggins cause if you go for it, you will take away what we already have; Dininni Hutchinson, A. Panroast Williams Domhrawski Johnson Parker Wilt if we lose and if you win, you would get nothing anyway. So Donatucci Jones Petrarca Wise again I say, I would suggest voting against it. Durr Kellv Piccola Wright. D Duffy ~eriick Polite ~ahner The SPEAKER. The Chair recognizes the gentleman from numas Klingarnan I'ott Zeller Bucks, Mr. Burns. Englrhart Knrpper Pratt Zord Fpe Kolter Prendprgast Zwikl Mr. BURNS. Mr. Speaker, a lot of people today have spoken Fiseher, H, R, Kowalyshyn Ravmstahl ahout the great institutions, the public education institutions. ish her. D. M ~ehr Rr,nwick Irvis, You know the Founding Fathers of our United States Con- F0skr.W. 1,ptterman Richardson Speaker stitution and of our state constitution allowed for a youngster Fryr to choose between a private education and a puhlic education. And I am just asking today, without this type of an amend- NOT VOTING-11 ment, without this type of help to private schools, does it not ~~th~~~Katr Rhodes Sheiton mean then that only the rich youngster can get a private educa- Butera O'Brien, D. Salvatore Yohn O'DonneII Seltzer tion in Pennsylvania? Should a poor youngster not he able to DiCarlo get what a rich youngster gets because his parents cannot afford it? Less than the majority required by the Constitution having I say that a vote for this hill today opens the door for some of voted in the affirmative, the question was determined in the our poor youngsters to join in and take the advantage of get- negative and the hill falls. 1977 LEGISLAnVE JOURNAL-HOUSE 2991

ANNOUNCEMENT On the questlon HOUSE SCHEDULE Will the House agrer to thr mut~on' Motion was agreed to. The SPEAKER. Conference committee reports will not he BILLS TAKEN FROM TABLE AND called up today. PLACED ON ACTIVE CALENDAR The House will be in session tomorrow beginning at 10 2r.m. Thc Sl'EAKEIt. The Chair rerognizes the gentleman. Mr. We expect fully that you will he out of here by , hut it is Manderino. absolutely necessary that we he here hecausc we do not yet Mr. MANUERINO. Mr. Spe;rker, the Rules Comrnitter has know what :~ctionon the budget the Senate nlay take today or further instructed me to make ;i motion to renlove the follow- tonight. ing bills from the 'rahlc ;rnd place them on the artive c;llenrLir, So to answer the queries of the memhitrs, it will he necessttry for us to be here tomorrow and we shall he here next week in and IsO Inove: House mill 222. House Bill 547. Iirlusc Hill 694, House Rill active session heginning Monday. 1288, House Hill 1294. Hoosr Hill 1:ISIl. House Bill 1362, llouse SENATE MESSAGE Hill 1653, Housv Bill 1691, Honst. Bill 1731, House Hill 17fi5, TIME OF NEXT MEETING and Smatci Bill lfi8. The clerk of the Senatta presented the following extract from On the question, the Journal of the Senate, which was read: Will thc Mouse agree to the motion? Motion was :rgrri?d to. In the Senate, Ortoher 25. 1977. RESOLVED, (the House of Representatives concurring), That STATEMENT ON LEGISLATION TO BE when the Senate adjourns this week it reconvene on Monday, INTRODUCED Octoher 31, 1977 and when the House of Representatives adjourns this week it reconvene on Monday. Octoher 31, 1977 ,rhr! SIIEAKEK, ~h~!chair the g,!Iltieman from Ordered, That the clerk present the same to the Ha~isc<~f Mifflin, Mr. l)eVert,er. Representatives for its concurrence. Mr. 1)eVEKTEH. Thank you. Mr. Spe:~ker. Mr. Sprirker. Loday 1 am introducing 1egisl:rtion to protect thr, On the question, people nhi, art pnwiding for the peoplc on puhlic .,lshistilrl,'e. ..' Will the House concur in the resolution of the Scnate? Specifically uzh;,t this hill will do is prohihit 1efi:il servi<.c' Resolution was concurred in. orpanization which is receiving state funds fur its overatiol~ Ordered. That the clerk inform the Senate accordingly. I from bringing a suit against the (:ommonwealth, its iolitiml subdivisions or any of its duly constituted authoritir:s, officers BILL REPORTED FROM COMMITTEE or employes. AND TABLED These urohibitions ;rg;rinst suits u~auldcover the following: HB 1742, PN 2118 By Mr. G001)MAN (1) I)ouhb! or triple damages ur any punitive damages (2) Person;rl liability ;~g;iinstofficers, employes, or rrlr~nbers An Act amending ',The Administrative Code of 1929,.. ap- proved April 29, 1929 (P. 1,. 177, NO. 175), authorizing the :~rtinpin thrirofficial capa~it!, Department of Health to contract or award qants for researrh (:I) Pain or sufft,ring or any other noneconomir.detrim<.nt. on coal workers pnenmo<:oniosis. Mr. Speaker, this proposed legislation would not-I Min~sand Energy Management. emphasizr. would not-prerlude any citizen of the Common- BILLS PASSED OVER wealth from commencing the typc of actions I have specified. Thf private citizen's rights are protrctcd. Since thr prohihition The SPEAKER. Without objection, all remaining hills on to- .gainst rert;rin claims ;lpplii,s only to a legal service ilrganiza- day's calendar are passed over. The Chair hears no objection. t,illn,it would not violate the Pcnnsylv;rnia Constituti<,n. The Chair would urge the mcmhers to remain in their seats. why is there a need for surh ir,gislation? Allou~me to eivc There will he :3t least two motions requiring the suspension of ,,, ,, ,~x;,f,,l,~e:A lrrsnn who is on llublil. ass~st;ir~cc~rec:eives the rules which "lust be voti.d upon. t,aapaycrs' money in tho fr~mof wclfart, rhilcks. That piwon lives in puhlir. lowrent housing which is suhsidizrd by tax1l:ly- BILLS TAKEN FROM TABLE AND RECOMMITTED r%rs'n1oni.y. The SPEAKER. The Chair recognizes the majority 1eadl:r This prrson drci11r:s for one reason or another that the rules who has a rtzport from the (:ommittep on Rules. ;inri regulations governing that ocrup;ition of' ~~ublirhousing is Mr. MANDEKINO. Mr. Speaker, the Rules Committee hasin- not to h~sor hcr liking and decides to sut: thi: Puhlic Housing structed me to make a motion to have the following hills rc- Authority. 'This authority is composed of taxpayers, lika you moved from thp table and referred to thc Appropriations Cam- and I, who are appointed to this position without any pay. mittee, and I so move: r>lhat person goe? to a legal service 0rg;lnization and. after llonsr Bill 88, lk~us<,Bill 1120. House Hill 1570. Hous(, Hill filling out thc required docun~ent.h;rs them file suits. 1761, Srn:~teBill 402. Sennte 13ill 480. Srnat~.I3ill 888. ;md To givr you a further ex;imple, Mr. Speaker. recently we have Sen;rtr Bill $102. had in my area several instances where suits have been hrought LEGISLATIVE JOURNAL-HOUSE October 26,

against individual members of those authority hoards. In so departments, and not justifiably so because our local police doing, they have hrought those cases to court here in Harris- departments and our county police departments are doing a burg and have ended up spending exorbitant amounts of legal fantastic job. I think the expertise of a special task force would fees which have brought the housing authority into a deficit he of great, great, great help at this present moment. position for the first time in its existence. Now this is nothing new. Big cities all over this country have Mr. Speaker, what we have here are persons who are receiv- instituted what they call impact forces. What they do whenever ing taxpayers' money for subsistence and living in ~uhlichous- a series of crimes are committed that are similar in nature, ing provided by taxpayers' money, now using taxpayers' money whether they be robberies, murders, or whatever, they to file suit with taxpayers' money against taxpayers. institute an impact squad, and the sole purpose of this impact This has been, and is, and will continue to go on in Pennsyl- squad is to solve that present problem. vania unless we change the law through this hill. RULES SUSPENDED Taxuavers. " have rights., .iust as the neo~le. . on oublic assistance. I Remember, this legislation will not only preclude this person Mr. TREL1,O. I am asking this great body here to suspend the from commencing legal action, only that a legal service organ- rules so that we can put this program into effect and put the ization could not be used. minds of all these people in western Pennsylvania at ease and This prohibition against certain claims being brought by a help mlve this terrible where all these murders are service organization prevents the Commonwealth from being being committed, and I so move. subjected to specific types of legal actions by an organization The SPEAKER. It is moved by the gentleman from that receives money from the Commonwealth. Allegheny County, Mr. Trello, that the House suspend the rules Mr. Speaker, if the legislature has the power to abolish or so that a nonprivileged resolution may he immediately acted modify causes of action, it certainly has the power to prohibit upon. certain types of claims from being commenced by a legal serv- Does the gentleman, Mr. Zeller, wish to be recognized on the ice organization, especially where that organization receives motion to suspend the rules? funds from this General Assembly. Mr. ZELLER. Mr. Speaker, which resolution are you re- Most of us are not against providing financial assistance to ferring to? persons who are in need. But there is a limit of how much The SPEAKER. The motion to suspend the rules is for the assistance you can provide, and this is one of those limits. purpose of suspension of the rules so that Mr. Trello's resolu- Mr. Speaker, I will leave the bill on the clerk's desk for any of tion, which he just explained, may he acted upon by the House. those of you who wish to join in cosponsorship with me and I Mr. ZELLER. May I ask a question of the Speaker, please? would appreciate your assistance. The SPEAKER. Certainly. Thank you very much. Mr. ZELLER. There is also another resolution for which we will have to ask a suspension of the rules. The SPEAKER. The Chair recognizes the gentleman from The SPEAKER. That is correct. If the House were to suspend Allegheny, Mr. Trello. its rules at this time, it would he for the specific purpose of tak- Mr. TRELLO. Thank you, Mr. Speaker. ing np Mr. Trello's resolution, and for no other purpose. I have a problem in western Pennsylvania that everyhody on Mr. ZELLER. Thank you, Mr. Speaker. this floor and every law-abiding citizen in the State of Pennsyl- The SPEAKER. The question is, shall the House suspend the vania should he interested in. In western Pennsylvania in the rules for the purpose of allowing Mr. Trello to submit for last 13 months, we have had 11 unsolved murders. Six of those immediate, consideration a nonprivileged resolution? Those in murders were of young ladies under 18 years old who were favor of the suspension will vote "aye"; those opposed will vote sexuallv assaulted and then murdered. Over this nast weekend '< 3% a neighbor of mine was murdered in a desolate area. His 15- no. year old girl friend who was with him has been missing since On the question,

Friday, and 1 pray~ ~ to God that she is not the 12th victim. Will the House agree- to the motion? I have a resolution that is in the hands of the Speaker that The following roll call was recorded: has been filed and everything is Droner. I am -noine -. to ask for the suspenskm of the rules. My resolution states that we sup- port a state police task force to he assigned to the Carnegie bar- YEAS-182 racks. The Carnegie barracks is right in the middle of this area Ahraham Gamble Mackowski Salvatore where all of these murders are taking place, and we ask them, Garzia Madigan Scanlon Armstrang Gatski Manderino Scheaffer with their expertise, to stay on the job until this situation is ~~~h~~ Geesey Manmiller Schmitt solved one way or the other. Hellomini Grisler McCall Schweder The people on my street and the people in my district are Gcorge, C. McClatchy Scirica Berlin George. M. MrIntyre Seltzer afraid to send their daughters to school by bus. They drive ~i~~i~~~~Giammarco McLanr Shuman them to and from school. They will not let them go to dances Bittlr Gillette Mehus Sirianni any more. They drive them to and from the dances. It is getting Gleeson Meluskey Smith. E. Hrandt Goehrl Milanovich Smith, L. to a point where everyhody is accusing everybody. They are B~~~~ Goodman Miller Spitz condemning the local police departments and the county police Brunner Gray Milliron Stairs LEGISLATIVE JOURNAL-HOUSE 2993

Rurd Greenfield Miseevich Stapleton On the question, Burns Gre~nl~af Morhlmann Stewart Will the House adopt the resolution? Caltagirone Grieco Morris Stuban Caputo Halverson Mowery Swe~t Resolution was adopted. Cassidy Hamilton Mrkonir Taddonio Cess:zr Harper Mullen, M. P. Taylor. E. Cianriulli Hasag Mullm, M. M. l'aylor. F. STATEMENT ON SOUTH Cohrn Hask~ll Musto Tenaglia AFRICA GOVERNMENT ACTIVITIES Cole Hayes, 1). S. Novak Thomas Cawell Hayeg S. E. Noye Trello The SPEAKER. The Chair recognizes the gentleman from Davies Helfrick O'Rrier.. B. Valicpnti Philadelphia, Mr. Willkrms. For what purpose does the gentle- DeMedio Hwffrl O'Rrirn, D. Vroolr DeVerkr Hunaman O'Connell Waver man rise? DeWeesr Hopkins O'Kc~fe Wansncz Mr. WIL1,IAMS. Mr. Speaker, 1 rise to make a statement and Dietz lfutchnnson, A. Olivrr Wargo to request a suspension of the rules. Dininni Flutrhinson, W. Pancoast Wass Dambrowski Itkin Parker Weidner The SPEAKER. The gentleman is in order and may proceed. Donaturri Johnson Petrarca Wengrr Mr. WILLIAMS. Mr. Speaker, I make reference to a matter Dorr Jonrs Piccola White that I spoke about briefly last week. At the present time I Doylr Katz Pitti Wiggins nuffy Kprnick l'olitr Willianrs helieve most members of the House have information roncern- Dumas Klingaman Pott Wilt ing the present activities in South Africa. Englrhart Knepper Prrndergast Wise As most of yuu know, and for those who do not know, the Fcr Koltrr Ppl~s Wright. D. government of South Africa, a few days ago, arrested 18 lead- Frschfr, K. R. Kowalyshyn Rappaport Wricht. J. 1.. Fisher, D. M. 1.aughlin Ravenstah1 Yahner ers of organizations in South Africa who were simply oppused Flaherty I.ehr Reed Zrllpr to the apartheid policies of South Africa. Moreover, in that raid Foster. A. I.rttrrman Reriwirk Kitterman E'uster. W. Levi Ktrhardson Zord and arrest they confiscated and arrested the editors of two Freind Lincoln Rirger Zwikl leading black newspapers there. One newspaper is "The World" Frvrr Li,,engo

Mr. S~eaker,this resolution simply. ~ asks that we memhers of In the House of Representatives, 1 the legislature of Pennsylvania, human beings who are of- fended by this kind of oppressive conduct that is anathema to During the past thirteen months, there were eleven unsolved @ westernpennsylvania. ~tis feared that a girl, our spirit and letter of our constitution and our way of life, missmg since Friday, Octoher 21, 1977, may be the twelfth. Six simply condemn that, and we ask our national government also of the victims were women who had heen sexually attacked; therefore be it to condemn that and to take whatever political or economlc RESOLVED, ~h~ta state police special ~~~k F~~~~he as. action that is necessary to request and demand the immediate signed to the Carnegie Barracks to investigate these rape- release of those illegally held prisoners and the immediate res- murders; and be it further RESOLVED, That copies of this resolution be sent to the toration of the press facilities that were just confiscated and Governor and to the Commissioner of the Pennsylvania State dosed down. Police. Mr. Speaker, it may be said that such a statement, a simple FRED A. TRE1,LO statement. by us. has no place in our local politics, hut the phi^ JOHN I,. BRUNNER losophy and thr will of this Nation is composed of each and HONALI) GAMBLE GEORGE MISCEVICN every representative voice of every hamlet of this country and DONALD A. AHRAIIAM indeed shapes, hopefully, the policies of a nation. The United 2994 LEGISLATIVE JOURNAL-HOUSE October 26,

~ ~~ States of America has for several years been in fact the main governments, and that has been accepted by the people. force throughout this world to stand for respect for political Our United Nations has mixed emotions, as do our President freedom, religious freedom and democracy. And that does not and memhers of Congress, and they are in a better position to mean that we have to interfere in many different ways, as we know than we are. If we would pass this resolution, we could, in have in the affairs of other countries, hut it does, in my belief, effect-and that is why I do not want a suspension of the Mr. Speaker, indicate that we do have a moral obligation to rules- speak out before those events encroach upon our philosophy, The SPEAKER. Will the gentleman yield? our resources, and the conditions of our own people. In that Will the gentleman please stick to the exact question of the vein, Mr. Speaker, I ask that we take action on this resolution suspension of the rules and not the substance of the resolution? because it is urgent. If the rules are suspended, the Chair will recognize the gentle- Some of you may recall Steve Biko, who was a leader, who man for the substantive dehate. was a moderate leader by our standards, in South Africa, who Mr. ZELLER. Mr. Speaker, a question to the Chair: that the was recently arrested, and in a few short hours, even though he former speaker went into the depth of why he wanted to sus- was healthy, Steve Biko was dead. pend the rules. That is the only reason why 1 was going into it. Mr. Speaker, in that they are debating this very matter in the The SPEAKER. The former speaker spoke only on what his United Nations at this very time, it seems to me that if voices resolution incurred and what caused it and then made the of respect for law and order, if voices of respect for human motion. The only question now is on the suspension of the rights, if voices of respect just for humankind are silent, it very rules. well may make the difference not only in our own credihility Mr. ZELLER. Well, then, rather than getting involved in throughout the world hut indeed in what may happen to the that, I would say, let the memhers decide whether they want to people who are in South Africa who have done nothing improp- suspend the rules, and then we will debate the issue of whether er or illegal but who simply try to stand for and recognize some we are going to pass the resolution. very basic, minimal human rights. The leading pro-government The SPEAKER. The gentleman is now correct. newspaper of South Africa condemned its own government as Mr. ZELLER. Thank you, Mr. Speaker. acts of desperate men in doing what happened a few days ago. The SPEAKER. The question is on the suspension of the Mr. Speaker, I would ask that the memhers of this House, rules. Those in favor of temporarily suspending the rules so who, I am sure, have read the resolution-it is very simple- that the House may imrnediatcly consider a nonprivileged reso- would join with me in suspending the rules so that we can act lution No. 156, suhmitted hy the gentleman from Philadelphia, on this resolution and speak out as a part of our own country's Mr. Williams, will vote "aye"; those who art! opposed to the sus- will to respect the rights of men and women throughout the pension of the rules will vote "no." world, no matter what their religion, their race, or their color On the question, may he. Will the House agree to the motion? RULES SUSPENDED The following roll call was recorded: Mr. WILLIAMS. Mr. Speaker, at this time I make a motion to YEAS-160 suspend the rules so that the resolution can have immediate consideration. Abraham Ryan Anderson Scanlon The SPEAKER. It is moved by the gentleman, Mr. Williams, Armstrong Manmiller Srhniilt that the rules of the House he temporarily suspended so the ~arher McCal1 Srhw~der House may consider immediately a nonprivileged resolution. Rellomini MrClatchy Sviricn Beloff McIntyrr Seltzer HR 156, suhmitted to the House hy the gentleman from I'hila- Mc1,anr Shuman delphia, Mr. Williams. Berlin Mrhus Smith, L. Does the gentleman, Mr. Zeller, wish to speak on the motion R~'son M~luskry Sppnrer Bittinxer Mil.nnvich Stairs to suspend the rules? Bittle Millrr Stapleton Mr. ZELLER. Can you dehate this? Are we allowed to debate florski Milliron Stewart that suspension? Rriindt Miscevirh Stuhan Rrown Morhlmann The SPEAKER. The gentleman is in order and the gentleman Grey Sweet Rrunner Greenfield Morris Taddunio may debate the motion. Rurd Gremlfaf Mrkoni~. 'T;rylnr. E. Mr. ZELLER. Mr. Speaker, thank you very much. Rurns Grirco Mullrn. M. P. Taylor, P. C'lltapironr Harper Mullen. M. M. T~na~iio I believe the Trello request was one of a local nature, one that ;assidy Haskpll Musto Thorncls involves the State of Pennsylvania. But the suspending of the Crssar Hayes. I). S. O'Brien, H. 'Prelio rules for something that 1 am very concerned about is a res- Cianciuili Hayes. S. E. O'(:onncll V:ilirmti Cimini Helfrick OXPP~~ Wagn~r olution which notifies Congress and our President to take cohpn Hoeffel Oliver Wnrxo action on an issue which we know nothing about except that ~owe~i Honaman Psnronst Was# which we read in the newspapers. And I would like to have the D"ic" Hopkins Parkc,r Wridner DeMedio Hutchinson, A. Prtran'a Weng~r newspapers hear this one, because the credihility of the press DrVertpr Hutchinson. W. Pivcola While has become worse than the credibility of most representative ~eweese Itkin Pirvsky Wiggins 1977. LEGISLATIVE JOURNAL-HOUSE 2995

Dininni Johnson Polik Williams Will the House adopt the resolution? Domhro\vski Jones I'ott Wilt I Llonntucri Krrni1.k Prendergast . . .. . The SPEAKER. The Chair recognizes the gentleman from Dorr Knrpprr Pylrs Wright. 11. Doyk Kolter Rappaport Wright. J. 1. Philadelphia, Mr. Williams, on the resolution. Duffy Kowalyshyn Kav~nstahl Mr. WILLIAMS. Thank you, Mr. Speaker, and I wish to I)umas I.nughlin Krrd express my thanks to the House for the support of the motion Englcliart I,rhr Rmwick PC" 1,ettrml;in Richardson to suspend the rules. I would request and appreciate your sup- Fisr.hrr. R. R. l,rvi Kirger port on the part of the resolution. Fishrr, D. M. 1,incoln Ititkr I might just add that I had several commitments that if I did Flaherty I.ogu~ Rug~irro Poster. A. Markouzski not talk long they would support the resolution. Thank you, Mr. Speaker. The SPEAKEK. Does the gentleman, Mr. Greenfield, desire I)i~tz Klingaman S~.hr;gfirr Vrrmn recognition on the resolution? Foster. W. l.irengood Sirizinoi Wilson Mr. GKEENFIELU. Yes. Mr. Speaker. Gallen I,,vncll Smith. E. Zrarfuss Gleeson Mowrry Spitz Zrllcr The SPEAKER. The Chair recognizes the gentleman. Hasay Noyr Mr. GREENFIELD. Mr. Speaker, I just hriefly want to say that I am honored to stand in support of this resolution, being NOT VOTlN(;--22 of a race which saw the events in the thirties and the forties which correspond to these forerunner activities that we are Arthurs Ilnlvrrson O'Brirn, I). Salvaturr Butern Hamilton 0'L)onnrll Shelton considering here, that created the greatest holocaust this world (hpnto K;itz Pitts Shupnik has ever seen. Cole Kt4ly 1'r;ltt Wansacz I think we can no longer bury our heads in the sand. We have UiCarlo MrCinnis Rhodrs Yolizr Goodmztn Novak to recognize facts and stand up and be counted as human The question was determined in the affirmative and the beings. I am honored to stand in support of this resolution. motion was agreed to. The SPEAKEK. The Chair recoenizes the wntleman from Le- high, Mr. Zeller. RESOLUTION ADOI'TED Mr. ZELLEK. Mr. Speaker, in reply to the remarks made by Mr. WILLIAMS offered HOUSE RESOLUTION NO. 156, the first speaker, Mr. Williams, and the second speaker, Mr. which was read by the clerk: Greenfield, in regard to the exploits of some former dictators, I House of Representatives, happencd to be involved in World War 11 for almost 4 years, and I happen to know what that gentleman was all about, Mr. WHEREAS, The government of South Africa has banned Hitler. I do not eo alone with his tactics. and we did not at that eighteen anti-apartheid organizations. and u WHEREAS, That government placed in detention many in- time, and thought we the world that. dividuals who have sooken out the white minoritv This is an altogether different proposition hecause down government and its hrital apartheidpolicies, and there in South Africa now, on hoth sides of the aisle, you have WHEREAS, That government has effectively stopped the presses of several newspapers, including the respected news- those types of dictators. As a matter of fact, I can call your at- paper "The World," and tention to one, Idi Amin. Now if you go along with that and you WHEREAS, Such artion by the government of South Africa want the United States Government to get involved, to go amounts to the suppression of freedom of speech, freedom of the press and freedom of association, and down there and get our people involved with people like idi WHEREAS. There is a moral ohlieation binding on the House Amin, well, then, you are whistling Dixie. of ~epmsentatives of this Commonwealth yo speak out 1 am very concerned about any resolution which notifies concerning the suppression of human rights therefore he it Congress and our President to take action on an issue which we RES~LVED, That the Ilouse of Repr;sentt,tives of the Commonwealth of Pennsylvania denounces and condemns the know nothing about except that which we read, and I government of South Africa for these repressive actions: and mentioned before the of the press. ourunited N~. he it further RESOLVED, ~h~~ H~~~~ of ~~~~~~~~~~~i~~~menlorial. tions has mixed emotions and so does our President and mem- izes the Congress of the United States to enact political and hers of Congress, and they are in a better position to know of economical sanctions against thr government of South Africa the cllnditions in south ,t,frica than we ?,re. ~f we this res. for the duration of such repressive acts; and be it further RESOLVED, lltitcopies of this he transmitted to olution, we could. in effect, aid and abet furthrr actions by the Speaker of the House. the Prpsident pnr tcmporc of the dictators such as idi Amin and others, hoth hlack and white, in Senate and to each Senator and Congrrssm:in from Pennsyl- that strife.torn country. someof the same peoplp who yelled vonia. loud and long that we should get out of Vietnam are now yell- HARDY WILLIAMS ing for us to get involved in South Africa, and I noticed the RUTH B. HARPER JOSEPH KHODES, JK. name of one on the resolution who had been involved in the DAVID P. RICHARDSON Vietnam issue is now telling us about how we should get in- JOHN F. WHITE. JR. volved in this. That amazes me. IIAKOI,II I,. BROWN This appears to he strictly ;I political move at the expense ~i: On the qucwtion. others. Wher~wprtZ these people when their own children i\c-:..~ LEGISLATIVE JOURNAL-HOUSE October 26, held in hostage in the city of Philadelphia in the recent strike? I people in Ireland. I do not think other nationalities should come did not hear a word from these people. Now all of n sudden, for before this House and ask for its support for things that really political reasons, they are yelling. not conrern this country. We have heard many members oSCongress talk about pulling The SPEAKER. The Chair recognizes the gentleman from Anibassador Young out of his present position br:cause he has Herks, Mr. Brown. made the statement that he will haw: thr United States Ma- Mr. BROWN. Thank you, Mr. Speaker. rines in Africa hy Christmas. I would like to agree with Mr. Zeller and Mr. Gleeson. I do not What did we do for Czechoslovokie, Hungary, Ireland? Now think we have any husiness interfering with the internal we hear one of the recent speakers mention about how we matters of South Africa. That is why I support this resolution. I should get involved in this when we have turned our heads on want Congress to know that the millions of dollars that we hive Israel. I cannot imagine that. I remember when Representative South Africa every year in military aid from the money tirat Gerry Kaufman made his appeal in 1971 as to our involvement Pennsylvanians pay in Federal taxes should not he used for in- in the Vietnam War and that we should memorialize Congress ternal problems. as to our pullout, right or wrong. I got on this floor! as others South Africa does not have one foreign base outside of their did, and we voted against that move because we felt we were border, so all of the military aid that we give that country is not on top of it. Thzrt is the job of Congress, and if we do not used for rel~rrssion.South Africa does not have any soldiers on like what they do, we vote them out. It is not our joh as a state, foreign soil, so all of the millions that Pennsylvanians help pay one of 50 states especially, when we know very little about the for milittrry aid goes for internal suppression. What I am say- conditions down there in that strife-torn area. ing is, if you really want to stay out of internal affairs in South Mr. Williams mentioned about two newspapers being closed. Africa, you will support this resolution, because the money we And if I can believe the press, they said that they have just are paying for military aid to South Africa is for internal sup- allowed the one he referred to to be back in operation. It was pression and nothing more. just on the radio yesterday. Thank you. He referred to, as I said before, the Hitler tactics, and that bothered me because of the dictators down there. We rould go On the question recurring, on and on, hut 1 say, you all have a mind of your own. If, for po- Will the House adopL the resolution? litical reasons or what have you in thc district in which you are Resolution was adonted. living or residing or represent, you feel it is best for your nieans The SPEAKER. If there be anyone on the floor who wishes to that herause of representation you havr to vote for this, so be state in the negative, he will so state. it. The gentleman, Mr. Zeller, in the negative; the gentleman, I, for one, am not taking an issue against a person whether Mr. (:lccson in the negative; the gentleman, Mr. Shuman, in they are black or white. I say we have no business as a st;rte to the negative; the gentleman. Mr. Freind, in the negative. be involved in this issue that we know nothing t~hout.That is Under the rules of the House, the Chair may 1)lace this ques- the job of Congress, and they even liave mixed emotions ahout tion on a roll call if two members wish an electronic roll call. it. Who are wc, with the little knowledge we have, to get in- Thc Chair will place that. The Chair assumes the gentleman, volved? We should vote "no" on the resolution. Mr. Zeller, is asking for an electronic roll call. Is there a second Thank yon, Mr. Speaker. ta t,hat? There is a second. The SPEAKER. 'rile Chair recognizes the gentleman from On the question recurring, Philadelphia, Mr. (;leeson. Will the l~louseadopt the resolut,ion? Mr. GLEESON. Mr. Sneaker. I want to sueak in oooositionA. to the resolution for the rwtson that I just do not think it is good The following roll call was recorded: for this legislature to he prtting involved in affairs in other countries. 1have sympathy for the people of South Africa and I YEAS-131 have sympathy with Mr. Hardy Williams' viewpoint, hut I Manderino Sranlon think we have a heck of a nerve to he telling the South Africans ~nderson ~sr~i;, Manmiller Schmitt what to do with the particular mess we find ourselves in right 13"rh''r Gatski MrCsll Schweder Hrllomini Gecsry MrClatrhy Scirioa here in Pennsylvania. They could just as well send us a res- Grisler McIntyr~ Spencer olution and tell us to straighten out our hudget problem. They ~erson George. C. Mnnrl. Gray Miller Sweet, I think we should refrain from getting involved in fortsign 13"'"" (;rernfirld Morris Tadrlonio rallitgironr (;~~eenleiif Mrkonir Taylor, F. ~lrohlenlsin any way possible. If I were to get involved in a cn,,,,,c, Gricro Mullen, M. 1'. Tenaclia foreign prohlem, it would he the Irish problem. I have great Cl;~nriulli Harper Mullm. M. M. sympathy there. I would not think of asking this House to put Cin'ini Haskrll Musto Cohrn H:~yes.D. S. Novak itself on the line, or even the United States Congress, for my Cowcll Ilelfrirk O'Brirn, B. Irish sympathies. I t,hink that has got to be put hy the Irish Davirs Hwffel O'Conne-11 1977. LEGISLATIVE JOURNAL-HOUSE 2997

DeMedio Hopkins O'Keefe White The SPEAKEK. Thc Chair apologizes to the gentlem;~n.The DeWrrse Hutrhinson, A Oliver Wiggins Chair was told by the gentleman that he wished to make those Dinitmi ltkin Pancoast Williams Dornhrowski Johnson Pircola Wilson remarks. The Chair forgot that he did. I)onatucei Jon*s Pi~vsky Will Dorr Kelly Polik Wise ADJOURNMENT MOTION WITHDRAWN Doyle Knepper Rappaport Wright. D. Duffy Kolter Havenstah1 Wright, d. 1.. The SPEAKER. Will the gmtb,n~;tn,Mr. Spitz, withdr;rw his Ilurnas Kowalyshyn Repd Yahner motion of adjournment temporarily? The gcnt1cm;in has so Englehart 1,aughlin Rmwirk Zearihss F'ce Ixhr Richardson Zitterman ;rgrcr:d. Fisrher. R. R. 1,evi Ri~ger Zwikl Fisher. D. M. Lincoln Hitter STATEMENT ON SOUTH AFRICAN CRISES Flaherty Logue Ruggirro Irvis. Gallagher Madiean Hyan Sprakrr The SPEAKER. The Chair recognizes the gentlern;an from Gallen l'hil;adelphia, Mr. Richardson. Mr. RICHAKDSON. Thank you, Mr. Sprakrr. We are all appalled at the latest incidents which occurred in Armstrung Fryer Mackowski Sllumnn South Africa, hut our indignation nor the action taken by the Bittle Gill~tte hlcGinnis Sirinnni South African regime should come as any real surprise to any- Brandt Glwson Milliron Smith. F:. Burd Hasay Mophlrnann Smitll, I.. one. Cassidy Hayes. S. E. Mowery Stqirs Wr ferl that, it is import~intthat everyorle has ;I clt.;~r untier- Cessar ITonarnan Noye Taylor, E. standing of whit 1s going on and how things got to where they DeVrrter Hutrhinson. W. Pot1 Vroon Diftz Kernick I'rendrrgast Wimgrr :Ire. Fostcr, A Klingarnali I'ylrs Zeller The white domination of'hla<:ksin South Afrin~began in the Foster. W. 1,ettrrrnan Scheaffcr Zord 17th ccntury. l(i5O. Some who tried to r;ition;llizu the position 1,lvengood F'rwnd S~ltzrr of the whites in South Africa will say that the whit.e group that now controls South Africa are the childrrn of thosr, Ilutch who NOT VOTING-26 I were nn the run from English during thc Napoleonic Wars xnd Arthurc Ralvprson 1'arkl.r Shelton who wcre defeirted in the Hoer War in 1!402. Since that time, Beloff H;lmilton I'etmrcn Shupnik the Afrikazins, as thcy c;rll thrtmselves, h;lvt, rst;ihlished onc oi' Bennett Katz I'itti Trello 15utera l.ynrh Prart Wansi~,,z those rocist r~gimrswhir,h is bused on tight~knit athn~i. Col~ Misrrvicli Rhodcs Weidnrr strength. Th~yhave taken over politic;~lcontrol and gathcr~~d DiCarlo O'Rrirn, D. Salvatore Yohn Goodman O'nonnell increasing eronomir. strength. Thcir political :arm, the N:~ti1iryof vote on House resolution No. 15(i, I would havr votrri in the nf'- ap;r~.theiil.Its lit,er;il intcrpri:tnti,m mc:;rns srparotion. Tht. sys~ firmative ;and I would like the record to show that. Thank you. tem of :~p;lrthvirldt:termint?s the conditions of' life in South AS^ Thc SPEAK13R. The rrcord will shorn that t,he gt:ntleman's re- rica. Separations ofthi r.:rr. \rscrr mforced hy whites froni thc marks have indir;itrd that he would h;lvi: voted in the ;~fi'inna- earlirst encounter hctwrcn Africans and Europc;~.It hecanie Live on the Williams resolution. morv and more rigidly defined :IS thc i~conomyand the poptii:~+ tion grcw. Whcn tlic whites ;arrived in South Afrir,:r, thcy were ADJOURNMENT nhlc to mine the country's niinvr:rl profitably hy forcing liirgc Mr. SPI'I'L nlovrd that this House do now adjourn until nunibern of Africans to work for low or no wages. Thursday, Oct,oher 27. 1877. at 10 a.m., e.d.t. Thl. systmi of requiring Afric:lns to livc in areas whew they could support themselves only hy working for whites became On the question, morr highly (liifini?d with the development of South Africa and Will the House :agree to the motion'? tht, su1,scquunt ni:ed for a large unskilled r,r srmiskilled lehor 'The SPEAKEK. For what purpose does the gent1em:ln Sro~rrforcr~. Th~y took or h;rmhoozled the land from the! ~littiveAf- Philadelphia. Mr. Richardson. risr? riwns, which cxplains how and why thr rvhitc group was in Mr. RICHAKDSON. Mr. Speaker, 1 tried to get recognized. I control of the minerals. As we have said, in 1948 the N;,tional- wanted to read ;i "cry hricf statement and suhmit some re- ist Party g;~inedpowrr. What w;~snot s:!id was that the pnrty marks for the record on the question raised on the rrisia in won on a p1;rtform of' white superiority. 1,cgislation h:lsed hy South Africa. this form of government made ;iparthpirl ;i 1eg;tl system. The 2998 LEGISLATIVE JOURNAL-HOUSE October 26,

Nation:~list(:ovcrnmtant h;ls pzrssed mar* discr~niin;ltorylcg zind ask th;it 1 hr rrcognizrd ;IS being in f;,vor of. I think it is. isl;lti(~nin thi: lirst a~vt,r;~lyears. Tod;ry. ;dl of' this is ;rh,mt Lo Housi. resolution No. 156. rhange. 'Thv ~.h;~ngr.w:rs ;ind is t~vit;rblc.hut lct us not grt ;ihe;lrl 'I'h;ink you very much for the :ittvntion of the mcrnhi-rs who of ours~~lv~~sin ;~n;xlyring th~s sltui~tion. st:jyed ;and listmrd. The systrm 01' ;ip;u.theid. now rlef'in,yi lm South Afric:rn l;iw dors not ;illow Afl.il:;~~~s.rni':lning the ni~t~vc~s.:lny reprCscnt:t- REMARKS SUBMITTED FOR THE RECORD tion in the Sunth Aft.ic;rn 1';~rli:~mentand until thr 1:ist ic\v Mr. KI(:HARIISON prcsimted th~follr,aing rrn~:~rksfor the ye;lrs hi15 n(:vvr \wen consultr:rl :ihout rn;iking sep;~r;itionol thi, I,cgisl;~tivrdourn;s into 1cg;il ~n~licy.In South Af'ric:~rvrry pcrsim is cl:lssi- A~~~~~~ ~~~thl~salaries and wages in south ~f~i~~, tied by r;icct. 'l'h;lt is th,. valor 01 their skin. 'The difi'i,rrnt r,ici;il 1967-l!l68 Industry White Colored Asian African groups ;in, s(I$JfiH) $3,144.00 $117.00 I. INTRODUCTION Avc~i~ge in n~itiing(1968) 4,740.00 285.00 1. The racial poliries of the Government of South Africa Agt~suhject to t;rx 21-60 have been under discussion in the United Nations, in one form In<,omrt>xrnll~t from t;~x $840.00 NONE or another, since the first session of the General Assembly in Educi~tioni~x~ic:nditurc~ ptBr ~j~ipil $159 1946. The matter was then raised by the (;overnment of India s18 in the form of a complaint to the Assembly that the South 1nf;lnt mlvtiility per 1.000 t~irths 27 African Government had enacted legislation against South P~rcent;~grof'popnl:~tlon 19 70 Africans of Indian origin in violation of agreements hetween Percentage of I;ln~ln3sel.vt.d 87 the two Governments. 2. In 1952, the wider question of apartheid (racial separa- Wi! zrgriAewith (>hii.f(;:itsh;~Iiuthe~li~zi. trih:~l 1i~:idrr of Suut11 tion) was also ,,laced on the ~~~~~bl~~~agenda at the of Africi~'~six million %olii.i,whi~n hc said. surh ;irtion dr:istl<,:~llythirteen delegations under the title: "Question of race conflict n:,rrows the! ;,v;,il;,hle an(l robs us of democratic in South Africa resulting from the policies of apartheid of the Government of the Union of South Africa". The two related choice of ~~.;II,I,;~nd h;irmony. WI, suggest thzit the (:ongrvss questions to be discussed as separate agenda items and the i;mt~r;ilAssr-nii~ly take! strong nlrasurcs ;~g;iinstthis until 1962, when they were combined under the title: "The countr,y. WI, sugg~.~tth;,t ;, \r:lrlr,ty of ,~i~,i,,,~;,ti,~:,ni] r.i.,,,,,,mic policies of apartheid of the Government of the Republic of South Africa". steps r.;~nhr t;~krn.WI. di.m:~nrlthat ;in invi.stig;~tion hy the, 3, 1960, following the sharpeville incident, the question Serur~tyCoun,,il of thi, Ilnitrd N:il~onshe m;i(lc ;iri(l the 1111. was also discussed by the Security Council. rnt,diat<,rrle;lsi. of ;ill thrjsr :,rrc.stt,d lSist u,.,.k, we f,lrt~li.l. ,I,,. 4. In the various resolutions adopted on this suhject, the General Assrmhly and the Scrurity Council delcared that the nl;lnd ;In imn1t~di;itr.investigation of thi, Stel~hr,nHike rlr;>th. racial the G~~~~~,~~~~of south ~f~i~~,and in partic. Wet :llsr) suggcst th:it str(lng i~cononiicconstr:iinti h<, in~j~<,sc.l. obligations under the Charter to promote the observance of hu- man rights and fundamental freedoms for all. They repeatedly donu thr, ;~ctivitivsof th,, ~.oloni:~i~st.r.;tcist. ~lu:~si-f;ti.litrrgimt, called on south ~f~i~~to its and also now i.xisting in Sorlth ASr~ci~. repeatedly expressed in recent years their conviction that those ~,~~ll~,M~.splxakrr, we that the peder;,l G,,~~~.policies had caused international friction and were seriously disturbing the maintenance of international peace and security. ment ri~;isst~ssthl inilii;~rycolic,.sii,,ns ;~nrlthv milit,;try i,rrn<,r2rright? prr against humanity and reaffirmed that t,i~esituation in South rpnt of the land. Africa, and the resulting explosive situation in southern ti. Popul;rtiorl Census: ' ti Africa, continued to pose gr:ive thrpat to international peace -1960 1970 and security. It drew the attention of the main trading partners Africans 10,927,923 15,057,1352 of South Africa that their increasing coliabr,r;rtir,n with the Col<~urc.ds 1,509,258 2,018,45:1 South African Government had aggravated the danger of u Asians 477.125 (i20.436 violent conflict and requested them to take urgent steps toward disengagement from South Africa and to facilitate effective Whites ~~ ~ :1,088,492 .3.75l3:!2X action, under the auspices of thc United Nations, to secure the 'rotal: 16,002,798 21,448,169 elimination of apartheid. ~t drew the attention of the security 7. Fifty-two per cent of thr South African population is Council to the fact that act,ion under Chapter VIT of the Cllar- classified as rural, forty-eight per rcnt urban. Although the ter, was essential in t~ the of aparihrid majority of' Africans reside in the rural areas. they outnumber that universally app1it.d rconomic sanctions were the: only ;ill other "racrs" in the urhan :iri:;is, as the following tahle means of achieving a peaceful solution. demonstrates: 9. The United Nations has established two progmmmes Urban -Kurd1 - financed by voluntary contributions to give assistance to the Afrir.;ins 418!7 10,068.581 victims of the policies of apartheid. In pursuanrc of thr Sc~r,ur~ Colou~.cds 1.4!14,490 523,963 ity Council rrsolution of 18 June 1964, the Sor,retary:(:i~nt:rnl Asians 535.536 81.900 estahlished a United N;ltions Educ;rtion arid Training I'ro- Whites 3,257,805 493,523 gramme for South Afrirans. The purpose of thc programme is 8, ~ft~,.twenty ye;rrs of nllarlhc,id mur6i ~f~i~~~~livt. to arrsinge for education and training ahroad for South tile humel;,nr~sthan such ;Ire;,s: 5,7.,5% olLtsidr Afric;ms. rhc hom~lnnds,that is, in the white areas. Whilc this tally rr11- 10. By resolution 2054 H (XX) adopter1 on 15 Z)rcrmiirr rrsents a percentage decline sincc 1960. i~hsolutenumbers are 1965, the General Assemhly has established a lJnited Nations greater. ~t indjcz1tes that thr whitc ;rr,.as do not, yit.~l~their Trust Fund for South Africa to provide: legal assistance to per- to the honIrlands too rradily and the homei:,nds in sons charged under discriminatory and repressive legislation in tllrn lack the c:apacityto sustain thrl ~f~i,:;,,~ South Africa; relief for dependents of persons persecuted hy pullu~~l~ion,ill the the Il,lIlu~ationis ,list ,.ihuted the South African Govcrnmmt for their opposition ti, the follows: policies of apartheid: education of prisoners and thpir de- Urban Rurzil pendents; and relief for refugees from South Afri<,;i.Tlir Fu~il -~ is administered hy a Committee of'l'rustr:i,s ronsisting ot'(:hiii., Afri<.ans 4,407,015 :3,(;5:3,758 Morocco, Nigeria, Pakistan and Sweden. Coloureds 1,488,928 516.:497 Asians 5:18,:34l 78,654 I. POPUI.A'I'ION UNIlNR APAKI'f3b:Ill Whites :1,247.246 48:3,705 $1, Population by Selected (:it,ies * 1. In 1971 six million more persons lived under npnrth13id .Johannesburg 1960 1970 than in 1960. At present the estimated population of South - Africa (excluding Namibia) is 22.000,000.The 1960 census rr- Africans 626,:!tif$ 803,511 ported thr population at 16,022,797, thr 1970 census Colourrds ,;8,xr,I,ICI 82,551 21,448,169 Contributing to this incre;~srwerr surviving ncw Asians 27,467 :39,312 horns nnd immigrants. The size of the population today woultl Whites :39X,517~ ~ 482,589 have been even greater had the additions not heen offset in I lO!O 1,407.96:i part by death, with notivvably high infant and maternal (:;rpe Town mortality among Afriams, an11 rmigr:rtion. Afric;ins 75,200 107,877 2. The Repuhlic of South Africa ranks fourth in size of Colooreds 417.881 598,952 population among States on the Afric?n continent, aft~r Asians 8.975 11,2fi3 Nigeria. Egypt,, and Ethiopia. In nlmpar;,tlvr trrnls, its popu1;i- Whiti,s 305,155 378.505.~ tion is equivalent in nurnhers to that of Canada and Colon~bia. 807,211 1,096.597 3. The Republic's African population is the largest in Durhan southern Africa and srcond largest south of the rqu:~tor. In Africans 20fi,:318 224.209 West Africa only Nigeria ~aceedsSouth Afrir,a in this respect. Colourrds 26,979 43,396 while in East Africa the Umtrd Repuhlic of Tanzania comes Asians 2:11,219 195,883 closest, hut still falls short of thv total in South Afrim. Whites 195,418 257,777. 4. African inhahitants of South Alrim i~utnurnl>rrthr Europeans four to onp: non-Europc;i~istaken togr:thcr out- 659,9:i4 721.2f55 number the Europ~ansfive and onr~h;llftoone,. In all provinces 1. 1)atn :~vailahlein United Nations. Ilnit on Apartheid. the ncm-Europeans comprise thr rn:rj

9. Population by Selected Cities (cant.) fore. Whether their education is suitable for life in a modern, Pretoria 1x60 1970 dtlveloped state is another question. With a sense of real Africans 199,890 2K768 achievement the Government points to the increasing literacy Coluureds 7,452 11,891 among Africans. In fact in this respect rfferrnce is to literacy Asians 8,045 11,144 in the "homeland language, for which a written version has been developed in recent years. Neither English nor Afrikaans Whites 207,202 ~ 325,923 has "official" st~tusin African primary schools, although with- 422,590 629,726 out thesr languages Africans cannot participate in the full Port tilizaheth range of higher education or qualify for more advanced jobs in Africans 133,833 181,525 government, profcssions, or industry. Besides, there is such Coloureds 61,460 s17,593 variation among the "homeland languages as to impede com- Asians 4,084 4,935 munications among the Africans and generate further division Whites . 194,804 123,646 among them. 274,180 407.699 4. Edurational facilities for Africans have been expanded in 10. South Africa has augmented its population through the "homelands", inrluding the development of two new univer- immigration, the consequence of sevt:ral rc1ev;lnt factors, sities at Trufloop and Ngoye in addition to Fort Hare. Construc- including a vigorous rampaign to attract whites to the Re- tion costs are met in part hy the central government, school puhlic. The overall increase has rcsuited from the following boards, trihal authorities, municipalities, owners of farms, min- flows of persons: " ing and industrial curporations, and religious bdics. The Net Inflow Bantu Trust carries the rrsponsihility of financing school con- -- ~ No. of immigrants No, of emigrants or Outflow the .- ~--~ - 5. Giver1 the available figur~son the numher of African pu- 1948 35,631 7.5:34 + 28,097 pils enrolled in schools and total expenditures for African 1960 9,789 12,612 - 2,823 education, ou(,rage per pupil t,xpmditure for Africans in 19fi9 1961 16.309 14,903 + 1,406 is approxirnatelvRI5 ($21). Ohviously, the avprage per child of 1962 20.916 8,945 + 11,971 school age expenditure falls well below this sum. The Govern- 1963 37,964 7,15(i + 30,808 ment has fixed its annual contrihution to operating outlays at 1964 40,865 8,092 + 32,773 HI3 million ($18 million). Thus African schools are heavily de- 1965 38,326 9,206 + 29,120 pendent upon support from the Special Bantu Education Fund, 1966 48,048 9,888 + 38,160 which derives its inconie froni taxes collected from Africans: 1967 38,937 10,737 + 28,200 While the state's outlay on African education amounted to R40 1968 40,548 10,589 + 29,959 million ($56 million) in 1969-70. the outlay on white primary 1969 41,446 9,018 + :12,428 and secondary education was approximately R191,615,000 1970 41.52:i 9,154 + 32,;169 ($268,261,000). or 200-250 ($280-350)per white child of school 11. Populatiun growth ;md age cornposition of the pupula- age. tion are directly affected by the extent of infant mortality. Dif- 6. ~h~ ofthe ~f~i~~~school populatilm is follows: ferential rates pn!v;~ilin Shth Africa: 24.1 infant (to age 1) 1960 - 1,518,063 deaths per 1.000 live births for whites. 54.7 for Asians, and 196.5 - 1,$)57,83f; 136.8 for Coloureds in 1967, in urhan areas. Only estimates are 1966 - 2,111,886 available for Africans, 200-250 infant deaths per 1,000 live 1967 - 2,241,477 births. While some experts consider this estimate as 1968 - 2,397,152 exaggerated, others suggest that the rate nray be as high as 450 1969 - 2,552,807 infant deaths per 1,000 live births. A 1966 survey is reported 7 .&frican in secondary '; as indicating that "half the children born in a typical African 1960 - 47.598 reserve in South Africa died hrfore reaching the agc of 5 1965 - 66.568 years." " 1966 - 76,835 11. HIIUCATION UNIIER APAR'L'IIEIU 1967 - 86,109 1968 - 98,670 1. Apartheidism has deeply penetr;tted every level of educu- 1969 - 106,945 tion from the pre-primary through the university. from elr 8. Africans in university courses numher as follows: mental skill to professional training. Education of all "races" (a) Bantu universities at Fort Hare, Turnfloop, and Ngoye from school entry through post-graduate is oriented tourards 1963 - (i!:i separate d~:vclopment,espe(.ially separate development of Af~ 1964 - 756 ricans, Coloureds, ;lnd Asians. Residually. that mcztns that 1965 - 939 whites are also haing educated for their own separate develop- 1966 - 1,161 ment, excppt that their training, unlike that of the others, in- 1967 - I.SO!i cludes the skills to govern the state ;ind manage the economy. 1968 - l,,i;30 2. Whilo the Ministry of Bantu Administration and Educ;~ 1969 - 1.586 tion insists that. there is :) polivy of autonomy for. African 1970 - 2,022 school districts, with school committet.~and hoards to "contror (b) Whit+: universities (including the African medical schools and education in general in a specified ;

9. Coloured wrollment in primary and second;lry schools come was of the same magnitude. For 1966 and 1968 the and universities: (cont.) amounts were $120 and $137 respectively, while a decade ago (h) universities: (1960) the annual per capita incomp averaged $83. Although University of the Western Cape (Colourcd) the increase over the ten-year period appears to have been 1965 - 415 substantial, in fact inflation reduced the accumulated real l!)66 -- ,508 value of the increment to a gain of merely 25% for a poverty 1967 - :,hh level population, with a large segment missing out on the ad- 1968 - 655 vances altogether. 1969 - 805 2. IJnder apartheid Africans henefittd from the "prosperity" white universities of the sixtitls far less than the Europearrs. Taking inflation into 11154 - 49li (239 nun-residpnti:ll, account, the growth of European per capita income from 1960 :36 at Fort Harel to 1970 appears to have exreeded 33'%ii,,as follows: 196!) - L.0!)7 (~li8ni,n~1.esident,ial) 1970 $2548 teacher's training r~imtr,rs 1969 2351 1969 - 2,020 1968 22 13 10. Asian enrollment in primary ;inti sw.and;,ry schilc~ls:ind !$I66 1964 universities: 1960 1375 (a) prin~aryand second;iry s,:l~ools The ratio tiC African to European per capita income reached 1954 - ii5.(i27 (ages 7-15) 1:17.5 in 1970. In some r,oncerned quarters it is contended that 1968 - 157,HRl the spread hetween the two populations is growing instead of (b) universities. narrowing and may even amount to a I :20 rati~.~ University Collrgc ;it I)ol-I~;ii~ :I. The lowest per capita income of Africans derives from 1965 - 973 farming, including labouring and services 011 Eul.opean farms. 1966 - 1,129 Subsistenre rrops ahsorh the energies of thr great majority of 1967 - 1,258 Africans in the Bantustans and <.lsewht,re in rural South 1968 ~- 1,4613 Africa, hut the rewards, while psstntial, are meager. In l!170. l9Ci11 - 1.714 35'C of the African labour frrn:~was employed in the agricul- white univi:rsit~txs ture, forestry,and fishing sector. a slight drclinf from 37%1in 1!154 - 725 (292 n,m-n~sidrntid. 1960." Even with the value of payments in kind ;added, in redl- 19 at Fort Hare) ity the Africans in this sector are generally impoverished. ". . . 1969 - 1.6!)0 in agriculture African real wages today :!re often below the Iev- 11. White enrollment in prim;!ry :and sctmmilary srh<~

1. Agriculture forestry end fishinx 1 ,!I80 I I5 l.IiX0 185 2. Mining (i7li 1i:i (illli 7 3. M;mufacturing and ronstrurtion 1,5:i1) :Xi(; 882 ;iZ 1 4. Wholesale and rrt;~iltrade 152 I !J:i 1x7 72 5. Transport and co~nmurlications 279 14!) 110 20 6. Puhlii. authorities 6.19 2:iX :i:il< 75

7. Ot,her services 1.4Ii5 :i01~ ~ ~~~ 9RO ~ 174-- Totals 7.040 1,:195 4.7'11 854 10. lhc Timrs, London, April 26, 1971. Also, New York

LEGISLATIVE JOURNAL-HOUSE

Nation;il Union -. ~ Votr:s pollt:

Vrltrs r..--..-nollrri - - - ~ -- ., ., , . .. ,.

fiIumher and per ci,nt of se;rts rvnn - -- ~~ - -- 0

-Prfrikaner I'art? 1,'otes i~ollid 41.885 - - -. - lumbir and per writ ofsi.;~tswon l)((il!i,) - .. . - - Native Repri,sent..t t'lves 3 :i :itx,lishc~~i Culoureds' Keprrs,!nt,;~tivi:s - - 1 1 4 n\,olished 5. In the general election of April. 1970, the National Party V. AFRICAN POLITICAI, MOVEMENTS UNIIEK (government majority) txiumghed hut less successfully than in 1966. It won 117 seats, 9 less than in 1966, thus hretiking its APARTHEII) record of increasing majorities in the House. The opposition IJnited Party picked up 8 seats in :I of the 4 provinces. The Na- Natic,nwide politic,rl parties of Afkicans except ill the tionalists dropped in popular vote froni 58% to 54.4OA,, its high^ ',h,,melandsn are in South Africa, is to ly critical ex.ally, H~~~~~ factioll in the nt.w Herstigte Nasion. cnntest elections for seats in thr Parliament or provincinl legis- ale party, polling the difference, The popularity of the United laturm. The right of g-oliti~al . y. assemhly outside the "homelands" and progressive remained steady percentage.wise, and African towns ips 1s refused to Africans. Wherever 6. The National Party is led hy Prime Minister B.J. Vorster. political gatherings do accur, thr:y are suhjpct to closv police Originally the voice of militant Afrikaner nationalism, as much srrul.iny. directed against Rritish imperialism as the Africans. the party 2. All segments of the Africtln antif~purtheidand nationalist emerged in its present form in 19:i4, Victorious in thv 194b: movement have been driven underground or forced to function it formed the u,,,,,~G~~~~~~~~~, rlr, L,.F, Mala,, ahroad in a grossly weakened condition. Proscribed and as prime ~i~i~~~~,succeeded in office by d,G, I)r, harrassed, their 1eadt.i-s and memhers jailed, detained, and 1I.F Verwoerd (assassinated in 10(i6),and Mr. H.J. Vorster. Its assaulted. they have heen denied participation in overt and l,ampaign centers on n,,nrt,,eid, Its for constituti,,nal. legal political processes. Since 1960 hoth the African National ism is slight, if it exists at all, and humm rights have steadily Congress and the Pan Afriranist (:ongress, which in their days diminished in South Africa during its rule. Party policy sup- articulated the political aspirations and demands of Africans, ports national economic development through state c;rpital and know only the status of outlaws in the Kt:~u~liic. organizations, as well as domestic and foreikm private enter- 3. The oklest of the African political movements and horn prises. has electorally adjusted to the of nut of the South African Native Congress, thcAfric:in National and has its to not Af. Congress had hern reformist and conciliat,ory. It resorted to rikaner voters.'" campaigns to "defy unjust laws", for example, hy hurning 7. The United Party. led by Sir de Villiers Graaf, has long passes or urging hoycotts modeled after the Montgomery hus heen considereii to he the voir.e of the ~,~~li~h.~~~~ki~~hoycott under the leadership of the late! Dr. Martin I~uther King. Jr. Its tactics for years entailed no more than non~violent communities. although as ;I roelition it was the: party of ,Ian Smuts and other moderate Afrikaner spokesmell. Over twenty acts passiv,. resistance, hut as the situatiorl he,,anle more years in opposition, it supports thi, "civilized racial segrega~desperate, it appeared to hecome more militant, at least in and discrimination, H~~~~~~,it stands for rhetoric. At the peak of its strength it advocated "one man one rule, chall,,nging the legality of police state practi,:e and vote" and sought a political and social order in which all South defending judir,ial due process. I'arty leadership is highly crit- Africans would participate as rqunls. Its lradcrs included the ical of awrthf>id-homplandpolicy on the grounds that it is im- late chief Albert Lutuli, recipient of the 1960 Nobel Peace practical and endangers ec(momic growth of the nation. Prize, Mild.n,annered, Chief I,utuli, c,msidrrate of Divisiveness over strategy has electorally weakened the party lleaples, r:ompelledto endure a trial for treason, until the 1970 election. he was r6,stricted to his home under 8, ~h~ progressive f,arty is distinguishrd hy tht! ;,ffluent surveill;~nce.Two African lawyers, Oliver T;~mhoand Nelson status of its original lcadershlp and thr electoral success of Mandcl;,, served the African National Congress in high office, Mrs. Helen suLman, a decency and courage in par. fO' which they pzlid a very heavy Pice Oliver liament. It has advocated that franchisc he based on i:duca- Tamho lives in exile, while Mandela, convirted of sabotage as tional and income rlualifications, thus hucking the mainstream the of Wf, iZU, (sllrar of the Nation) suffers in South Africa11 politics. life imprisonment. 4. Formed in 1959, aftnr intt!rnal dishzlrmony within the 9. ~erstigteNILtionaleParty is a pereIlni;ll in South African National (:ongress, the Pan Africanist Congress ad- politics in various versions, The h,db . d, history of Illinor parties alterrlate between r:oalition and ,.true be- dressed its protest against specific ttvils, the pass laws, in Christian n2,tional dogma, rl'he tcndPncy for them is to particular. Originally it ado~ltcd;I progrzimmc of rights for all, of government of Africans. by Africans. xnd for Afrirans. liav~ advocate extrf,nre forms of Afrika11i.r nationalism, even dvplor- lng organized a massive demonstration of unusual proportions ing attitudes ,If the Nationalists the At.ricans, Asians, and Colonreds They reject the nution that non-AS- ~n Cape Town, its leaders. Robert M. Sohuku~e,Potlako Lehallo, rikaans-speaking ~~poplecan he Ieketimate South African na~and were ;rrrested, was in,prisolled on ~~hh~~ tionalists. Island for years and having completed his sent~ncehas re- ~~i~h~~thr Party of Alall P2itonnor tl,c Cr,mmu. mained in detention and then restriction, evt.n when he offered nist Party is a participant in elictoml politic: any longer. repeatedly to quit the country. I.ehallo departed from South Africa. finding a haven in Dares Salaam. - 5. Once the Government proscribed the African National 15. See Stultz, Newell. "South Africa under Vrrwoertl;' Congress and Pan Africanist Congress, Africans resort?$ to Journal of Modr2rnAfrican Sli~dics.Val. 7. No. 1. 1969, PI,. :i-le~al oppositiol~ throug11 the device of Ihr All-in ,Afr~can 20. (:ongrtlss. which called for a one day stay at home m 1961. 3004 LEGISLATIVE JOURNAL-HOUSE October 26,

Official reaction was to put the army on alert. Subsequently, tween them walls exist or are raised, and relationships are con- the congresses were reputed to have formed underground fined to groups or communities rather than persons subject to organizations, identified as the "Spear of the Nation" andPogo, controls imposed by the Repuhllc Government. For apartheid for sabotage and violent resistance. In recent years, claims and racral separat~oncnrrles the following assignments: counterclaims, official and unofficial, have indicated the a) sever such ties between Europeans and non-Europeans sporadic presence of African guerrila units, hut evidence as to that are perceived as providing no advantages to the their very ~xistenceor composition and sources of support is Europeans; meagre. The Government has admitted the commission of h) undercut the status of the Africans as South Africans; sabotage, meeting actual and alleged acts of violence with full c) weaken Afr~canclaims to equal treatment and fair measures of violence on its own part. shares of the land and resources of the country; d) expand opportunities for manipulation of Africans, VI. APARTHEILI IN OPERATION Coloureds, and Asians by Europeans; e) deny certain Euro eans political allies from among 1. Apartheid is a historically accumulative and purposeful ~f~i~~~~,~~l~~~~d~lsians; system of racial containment. Its operational components, each f) indoctrinate Africans, Coloureds, and Asians with the with its own experiential profile and time-frame, fall into four values of apartheid and thus induce acquiescence; distinctive yet converging categories: a) racial prejudice and g) create ~f~i~~~nations and coloured and hian discrimination; h) racial segregation and separation; to serve as racial containers. C) economic exploitation of natural and human resources; and ,rhe tools and techniques fashioned to implement this function d) legal, administrative, and police terror. Associated with of are illustrated by the following items: " each is a set of functions and instruments. Some are viewed as a) G~~~~ A~~~~ ~~t No. 41 of 1950 - requifes that the essential mainly to the attainment of apartheid; others are the population he assigned to separate areas and territories; ingredients par excellence of apartheid. For example, its pro- h) Population Registration Act of 1950 - compels per- ponents would have the world believe that the genuine sons to obtain a racial classification and he registered apartheid is racial separation, terror being simply a means to according]y; perfect the end. In reality the terror, whatever the intentions C) ~~~t~ (~f~i~an)Education Act of 1955 - transfers re- of its white perpetrators, is also the true apartheid, perhaps its sponsibility for the provision of education from the pro. most indestructible component. on which it is dependent for its "incial education authorities to the tkpartment of ~~ntu continuation. Education - compels Africans to attend African schools; 2. Racial prejudice is an attitude, a sentiment; racial dl prohihition of ~i~~d~~~~i~~~Act of 1949 - converts discrimination is an act, a measure taken to the disadvantage of into a criminal act marriage hetween persons of different its victim. Together, they serve the following functions for races, enforcing a caste system; racial containment: '" e) Immorality Act of 1957 - converts into a criminal act a) sustain among Europeans a Person and communal sexual intercourse between persons of different races; sense of superiority; f) Promotion of Bantu Self-Government Act of 1959 - h) stereotypes and denigrates the capabilities of Africans, authorizes the ~i~i~t~~of Bantu Adm~nistrat~on to provide Coloureds, and Asians; for "home rule" in the homelands; C) protects the status and jobs for Europeans on the hasis ant" Laws Amendment Act of 1964 - removes all of color regardless of integrity and ability; rigf) ts of Africans in areas outside the homelands; d) sharpens stratification of the society to the degree that h) ~~~t~Homelands Citizenship Act of 1969 - creates a caste system can he maintained: citizenship for Africans by homelands; e) retards the life-chances and restrict opportunities for i) social, recreational, and sports - cater exclusively the advancement of Africans, Coloureds and Asians; to whites, Africans, Coloureds, and Asians, fostering "racial f) deny the validity of the principle of equality in re- lations among people. j) Reservation of Separate Amenities Act of 1953 - pub- A sample of the numerous instrunlents utilized in this facet lic buildings facilities in areas - denied to of the system include: Africans, Coloured, and Asians for marriages, celebrations, a) South Africa Act of 1909 and the Republic of South other social purposes; Africa Constitution Act of 1961 - restricts membership in k) provincial and municipal ordinances that require total the Parliament to whites; segregation in respect to transportation; h) Land Act No. 27 of 1912 - denies Africans right of 1) Bantu Universities Act of 1959 - restricts Africans in ownership in land; respect to the universities they may attend; c) Mines and Works Amendment Act (Cotour Bar Act) of m) ministerial orders and department regulations - re- 1927 - reserves employment for whites; quire separation in the provision of medical and nursing serv- d) educational expenditures - for every dollar spent on ices; separate facilities in places of employment, libraries, the education of an African twenty to twenty-five dollars theatres, stores,etc. have been spent on the education of a white child; 4. Economic exploitation of natural and human resources en- e) Apprenticeship Act No. 37 of 1944 - closes training tails directed and rigorous utilization of land, mineral sltes, and opportunities for Africans and other non-Europeans; labour for the attainment of an expanding Gross National 0 Reservation of Separate Amenities Act No. 49 of 1953 product (GNP), ~tprovides for returns for domestic - permits public facilities and transportation to he reserved and foreign investments, thus attracting capital for a fuller for the exclusive use of any race without provision for equal- economic development of the ~~~~hli~.1t serves apartheid in ity of such facilities; the following ways: g) Native (Abolition of Passes and Coordination of Docu- ,) attains rising standard of living and increased personal ments) Act No. 67 of 1952 - requires persons to Ilossess and wealth of Europeans, thus widening social-economic distance carry reference hooks containing identity, tax receipts, etc., hetween E~~~~~~~~and non.~uropeans; hut applied mainly to Africans and with severe penalties, h) perpetuates the manpower pool of ,.heap lahour; often leading to deportation to the homelands; c) facilitates the growth of domestic industry, hence h) Native Labour (Settlement of Disputes) Act No. 48 of lessening the Republic's dependence on imports and laying 1953 - prohibits trade unions among Afr~canworkers and the foundation for a self.sufficient industry; denies to them the right to strike possessed by white d) draws foreign investment, not solely to augment local workers. sources of capital, hut also to acquire overseas economic 3. Racial segregation and separation denote distance among peoples spatially, socially, empatheti(:ally, and morally. Be- 17. United Nations, A artheid in Practice. New York. -- United Nations, Office oF~uh~icInformation, 1971, an ex- 16. Lewin, Julius. The Struggle for Racial Equality. London, cellent review of apartheid, prepared for the Unit on Apartheid Longmans, 1967),p. 2. by Professor Leslie Ruhin. LEGISLATIVE JOURNAL-HOUSE

allies for the preservation of white supremacy and rule; - ~mpowersthe State President to remove and banish Afri- e) perpetuates and even magnifies socio-economic dif- cans in the public: interrst; ferences between South Africa and other African States so as d) Puhlic Safety Act No. :i of 1!)53 - authorizes the to reinforce differences within the Republic. In pursuit of declaration of emergencies and government by decree; these objectives the public authorities and management have e) Criminal Iaw Amendment Act No. 8 of 1953 - availed themselves of the following instruments: penalizes political protest. including exercise of speech to a) Bantu Labour Relations Act of 1911 - compels African change of puhlic policy and law; workers to accept employment on pain of criminal penalties; fl Criminzrl Procedure Act No. 56 of 1955 - as amended b) Mines and Works Amendment of 1927 - prohibits the in 1965, permits detention of 180 days without trial; issuance of certificates of competency to Africans and g) Riotous Assembly Act No. 17 of 1956 - liermits ex- Asians; tensive restrictions on freedom of assembly; c) Bantu (Urban Areas) Consolidation Act of 1945 - h) Unlawful Organizations Act No. 34 of 1960 - empowers labour officers to issue and terminate working empowers the State President to declare organizations permits of Africans; unlawful and dissolve them hy procltrmation; d) Bantu Labour (Settlement of Ijisputes) Act of 195:j - i) Publications and Entertair~n~entAct No. 21; of 1963 - prohibits strikes by Africans; sp~cifiesas a criminal offense the freedom of the press where e) Industrial Conciliation Act of 1956 - prohibits a newspaper strongly criticizes apartheid as unjust; "mixed trade unions, permitting them only in special cases j) General Law Amendment Act No. 76 of 1962 - where the elected officers are white; hroadens the range of illegal acts of "sabotage"; 0 ministerial orders and departmental regulations - re- k) General Law Amendment Act No. 37 of 1963 - serve jobs for whites and deny available employment to Afri authorizes the detention of persons without trial for repeated cans and Coloureds except by specific order of the Govern- periods of 90 days; ment; also re uire that for certain products a high pro- I) Terrorisnl Act No. 83 of 1967 - estahlishes the crime of portion of Sou81Africa-made parts he used; "terrorism" so loosttly dcfined as to leave the (:overnment g) Permanent Committee for the Location of Industries - virtually a free hand to prosr:cutc anjonri it so wishes, assists industries to find locations consistent with the narrows the right of habeas rorpus, and substantially development programme, including locations near home- eliminates the defense of douhle jeopardy; lands with "high potential of Bantu labour"; m) ministerial orders under wide variety of laws - forhid h) Industrial Development Corporation - provides build- publication of information, seize papers and literature, deny ings dnd other factory facilities to attract industrial enter- and confiscate passports, prohihit re-entry into South Africa, prises to areas set aside for this purpose; and institute criminal lihel proceedings; i) mine workers recruitment agencies - marshall non- n) police investigations and surveillance - harrass and South African labour force consisting of younger men whose intimidate victims as much as to collect evidence of <:rimes lives are totally organized for them by company officials; and produce a "chilling effect" on the population as far as the j) Chamber of Mines - coordinates the mining industries exercise of rights are concerned; and represents the groups and companies in matt~rssuch as o) "third degree'' policc interrogations and harsh prison conditions of employment, labour disputes, supply of treatment - punish victims without judicial due process, in electricity, availability of equipment, etc. addition to extracting confessions of alleged criminal activ- 5. Legal, administrative. and police terror supplies the ity, especially membership in illegal organization, aiding and apartheidist system with "muscle", sometimes persecutory, abetting suspected saboteurs, terrorists, etc.; sometimes Carthaginian. Like violence in many political ex- p) ymcutions ba~don unsuhstantiated indictments periences, it starts as a "necessity" in the eyes of the author- and f lmsy emdence discredit acquitted individuals and ities, a specific tactic at a specific moment in a specific circum- impose heavy defense costs on the opponents of aparthrid; stance only to ac uire a long life and a commanding position in q) restrictions on movement on individuals and pressure its own right. In zouth Africa it has become institutionalized as on employers -deprive persons of their livelihood; human rights have been downgraded. Its inherence in, and in- r) Rureau of State Security - gathers information and separability from, apartheid is revealed in its utilities: advises the Prime Minister on all aspects of security, includ- a) destroy the will among Africans, Coloureds, and Asians ing subversion, conspiracy, etc.; as well as the European opposition, to resist the imposition of s) Prisons Act of 1959 - restricts the publiratio~iof infor- apartheid; mation on prison conditiuns and prisoners, including treat- h) immobilize Africans, Coloureds, and Asians as far as ment of political and other inmates. political activities are concerned; 6. Many measures initiated by the Hepuhlic Government c) destroy independent leadership among Africans, against dissenttzrs and opponents are designed to provide the Coloureds, and Asians; authorities with a flexible response to acts of defiance. It is a d) curtail circulation of ideas and information of n striking fact that the rise in such acts coincides with the political nature; deliberate implementation of apartheid. e) isolate Africans from external support. as well as cross- 7. Some misconceptions about apartheid can be cleared up in community assistance; a f?w explanatory statements. It is not purely a theoretical, in- f) unify the European communities against the common tellectual, ideological, or thcological construct; it is far more an enemy, under Nationalist leadership; aggregat~of what South Africans have actually done or are g) magnify European "authority" and engender the con- presently doing to one another in every day life. It is not the ex- fidence of whites in the regime; clusive invention of only one segment of the European popula- h) counter "liberalistic" tendencies. tion, namely, Afrikaners, hut all have contributrd to the exper- The weaponry of terror, deployed under the sanction of law, re- iences and practices out of which it has evolved. It is nut a flects both careful planning and instant improvisation: " certain or logical off-shoot of Afrikaner nationalism notwith- a) around the clock but especially middle-of-the-night standing Nationalist claims to thr: contrary. After centuries of police raids in the African urban locations to enforce the pass European aggrandizement it is an almost inrscapahle out- laws - impress on the Africans the insecurity of their posi- growth of the aggressiveness, religious piety, and search for tion; security and wealth that th~European communities have per- h) Suppression of Communism Act No. 44 of 1950 - un- sistently manifested. leashes the police to suppress dissent hy linking opposition to apartheid with the furtherance of Communist objectives. The, SPF:AKb;l1. 'I'hc Vh;iil. rtr~ognizcs1.h~ gvntlt,~n;rn Srom 1.1:- c) Bantu Administration Act No. 38 of 1927 as amended high. Mr. Zr~1lc.r. 18. ~niaNations, Unit on Apartheid. Heprc~ssiueLegis- lation of the Republic of South Africa. STIPSCAISER.AI7. New MI.. ZEL1,ER. Mr. Sl~rtikrr,since we ;Ire3 quoting histury, I York, United Nations, 1969. think that histr,ry should shoxv in the r~rordthat ;ill through LEGISLATIVE JOURNAL-HOUSE October 26,

~ lfi00, ;as I h;rvr hem infornlrl,with thc~l.ra;~ihers. 1);rvirl l3i.r~ from 1700 on is whrn thv prq,nl:itli>ngri.w. So juit so MI.. 1lic.h lili ;inrl Virgirii;, %;ij;i,.. T1ic.n sti~,Ivnts:1r1, i~l~~~i~l~r~rs(11' thil 'LII- i~nlson11;)s the rr.<,onl right ;in11 1t.t us g<.t ;ill thr i':rcts, if lhc~ rntrd;lnil(:ift~~lPrapr:rm. s:lys that it w;is entir~ly;it on,, lilnc: ci,ntr~~ll~~ilhy till h1;lr.k.;. They iirr th,. cursis of tli,. gciitlcrn;in t'rnrn AI11,gIicnj. Mr. that is not true. It w;is :in <.ritiri.ly whit,: ;irv;i ;it rlnc. tinic. I'ott. I am not saying that is fur any reasor] from my stand. I just 'I'ht, Chair wc~lcorncsyou in thl. hall of tla,. Houst,. :mrl th:lnks think the record should show it, because I do not want tu see you Srjr corrriny. the impression of these peoplr. I just feel my stand is, I do not 'I%<,(:h;iir ivvlr.oriit~sto tht, 11;111 ill llic, Ilr>usi~,;15 :I giit>st ol' want to see our sons and daughters down there fighting m an Kr11t.rsr~nt;itivi.hf~~luskcy. MI.. and M1.s. Ni<.h,il:~sHor~~~ll. who area and going down there and destroying our people for some- :mi, hc~i,today from 1,ehlgh (:ounty. 'Thi'y ;~l.i>;~lsn tht. giivits I,[ thing that is an internal affair that has to he straightened out the, rpst of thc 1,rhiyli County rlcl<,g;ition.MI.. IulclIik? to intro~l~~~~~~at th~sI~nw, q~iic,kly h~~f~~r~ up enough around the world and w? arc: paying daily for it. they ;in. for,.i,il to Ic~:iv,. tlw 11:ill of lhi llollsi., th,, gtwsts r,S I- WELCOMES s,.irL;~tivr Cout~ty:.Ic~t>~i Smrfo, who is th,>ch1t,f(1f110~ 'The (:h;lit. ;it this time, \\-c~lr~onii~sto ti,<. h,ill of tht, House, thi, lice of (:r:~nlr,rry 'I'~~wnshijr.I{ull,~ (:ounty: :inrl Ms. Hi.tty mother itrid f:ithrr 111' K~~~,ri~s~~nt:~rirt.I4111 Mrl.:~nr. MI.. ;,rrcl Mrs. Stouyli, who is lrr,:si~ii,~~t<,I' thi. IJt~~~ns\;lv;~ni;iDil;inuI':~i~tui~~~d ,Ioh~iblc1,;111,~, 'Sl~yy art, in thc, ;,i~dirnc<>. tlousing Asst,ri:~lir,n. Will lhry plc>;isrst;inii'? Will thvy l,Ii.;ls<.risr,'? Mr. and Mrs. .John Mcl,iir~wII~SVP its their govsts h11.s. 'l'hon~;~.: E:1rlcy :l[lci mss M:lry K1,:lrni,u. r~h,.(:h;lil. n.c,Ig,,iz,.s .,,,,,,. ,liS~irlyolih,,dvlbitors frrlnl ()hio Will tll*'.v 111i'asc3risr? who art. h,.r,. :is tht. gucsts of. I)r Signrund Srnith, who is with , .hr~y ;~l-<, thc go~:stsof LZ~,l~rt~si.nt:~tiv~~llill M<.l,;~nc ;ltlrl ihr: thc l,egisl;~tivc~0l'fii.c. Ir,r It<,sc,:~r,~l~I,~:iis,,n, :rnrl :LS the yrlrsts US I TIVS~ot' 1.h~lli~rki~wi~~lnii ('our~ty dc31egi1t1,111. :i1111 1%~' iwl,.,,rne , , ,,s~l,,j,,,tllllrL,s , - s,,,,;~~,,~~l,\.,,~. W. Or.;1s<4i,whn is [hi. Si~r:,tr,M;ijrlt.lty 1,c~;~rlt~rof Ohio: St,n:it<,~.YLJU "' 'hi' h"llof thr IIousr. Morris ,J:l,.kson. \vho is ich;~~rln;~nol' tlri. I<n(:mnrnittc><,. ADJOURNMENT 'I'11t.y h;~vi,joinvd thr~t.l<~g~sl;~i~v~, int(,rns I'l.on, Ohio whu wi.r<, hlr. SI11'1'% naovrcl th;it tliis ilous<. ilo o,,iv i1djo~1r.n~lntil hcrr yrst~.rd;iqi~nri :IIY? Ii<.r.c, tod:ry in thq. c;tl,itiil stlirly~cigthe, T1iursd;ty. Ortol,cr 27. 1977. at I0 ;a.m.. r.11.t. 1'cnnsvlv;~ni:il,r,i.isl;iti>r.<~. Will thosr twr,g,~ntlc~n~c~n1,lv;~si. rlsc'? On the i~ut7stron. L trusl th:~tlx~forc~ yuu g~,ntli.rn,~nIri~vc. the i.;,lntol izi, will Will thr. Ilousi~;~gr~~~to thi>nlrltion? have ;In oi,i~ortunil,yto [:ilk will, yr~in III~ . Ylju ;ir.t> in Motion \\.;is ;igt.ci~lto, :lnd (:it :/.I7 11.111.<'.11.t.) tll~ 11011s<'i1d- vilud to i.0111,. ihr:rt,. Il' you g<,tl)i~rrd wjth the sr:ssion. I ujll la. j~ri~rnt,il.