COMMONWEALTH OF PENNSYLVANIA

THURSDAY, JUNE 14,1979

Session of 1979 163rd of the General Assembly Vol. 1, No. 43 HOUSE OF REPRESENTATIVES I House of Representatives Girls' Softball Team, which the clerk The Houseconvened at 10a.m.,e.d.t. will read. The CLERK. Just a short announcement to let you know that THE SPEAKER (H. JACK SELTZER) IN THE the Women's Softball Team has a one and two record. The vic- tory was over Statesmen TNT, with a scoreof 24 to 17. PRAYER The next game will he held today, June 14, 1979, at Hodges THE HONORABLE MARK COHEN, member of the House of field. For directions, feel free to contact the members of the Representatives and guest chaplain, offered the following team. prayer: We sincerely hope that you support the team that you al- ready support financially. Thank you. A spark of the divine flame glows within us all. We give thanks for the gift of reason that enables us to search after LEAVES OF ABSENCE knowledge. May ow use of this gift make Your light burn ever more brightly within us. The SPEAKER. The Chair recognizes the majority whip. We bless the Eternal Source of wisdom and knowledge. Mr. S. E. HAYES. Mr. Speaker, I request leaves of absence May ow pride of intellect never be an idol turning us away for Messrs. POLITE, J. L. WRIGHT and F. J. LYNCH for to- from You. And as we grow in knowledge, may we remain aware day's session. of our own limitations. The SPEAKER. The Chair recognizes the minority leader. We bless the God of forgiveness and understanding. Mr. IRVIS. Mr. Speaker, I request leaves of absence for May the beauty and mystery of the world move us to rev- Messrs. RAPPAPORT and DONATUCCI for today's session. erence and humility. 0 let the tree of knowledge bear good fruit The SPEAKER. Without objection, leaves are granted. for us and our children. We bless our God from whom all blessings flow. MASTER ROLL CALL And let the consciousness of Your Presence be the glory of our lives, making joyous our days and years, and leading us toa The SPEAKER. The Chair is about to take today's master clearer understanding of Your will. roll. Will the members please come to the floor? The members We blessnur God who hearkens to prayer. Amen. will proceed to vote. The following roll call was recorded: PLEDGE OF ALLEGIANCE (The Pledge of Allegiance was enunciated by members.) Alden Foster, A. Levi Ryan Anderson Foster. W. Lewis Salvatore SUBCOMMITTEE ON HIGHER EDUCATION Armstrong Freind Livengood Seheaffer MEETING 1 Arty Fryer Lynch, E. R. Schmitt Austin Gallagher Mackowski Schweder The SPEAKER. The Chair has been asked by the chairman of Barber Gallen Madigan Scirica the Suhcommittee on Higher Education, Mrs. Taylor, to ask the Rrlardi Gamblp Manderino Serafini members of the suhcummittee to please report to room 401 Bennett Gannon Manmiller Seventy Bittle Gatski McCall Shadding where they are having a short meeting. The members of the Rorski Geesey McClatchy Shupnik Suhcommittee on Higher Education, Room 401 Bowser Geist McKelvey Sieminski Brandt George, C. McMonagle Sirianni Rnwn George, M. McVerry Smith, E. JOURNAL APPROVAL POSTPONED Rrunner Gladeck Michlovic Smith, L. Rurd Goebel Micozzie Spencer The SPEAKER. Without objection, approval of the Journal Burns Goodman Milanovich Spitz for Wednesday, June 13.1979, will be postponed until printed. Caltagirone Grabowski Miller Stairs Cappabianca Gray Moehlmann Steiphner Cessar Greenfield Mowery Stewart ANNOUNCEMENT Chpss Grieco Mrkonic Stuban 1 Cianciulli Gruppo Mullen. M. P Sweet The SPEAKER. We have an announcement in regard to the I Cimini Halverson Murphy Swift 1276 LEGISLATIVE JOURNAL-HOUSE June 14.

Clark, B. Harper Musto Taddonio success to date. I am now faced with a serious choice. I can con- Clark, R. Hasay Nahill Taylor, E. tinue making phone call after phone call or become a man of ac- Coehran Hayes. D. S. Novak Taylor, F. Cohen Hayes,S. E. Naye T~lek tion. Cole Helfrick O'Brien. B. Thomas I am taking this very serious courbe of action, and not making O'Brien. D. Cornell Hoeffel Trello it as an idle threat hut making it known to you so you can pre- Coslett Honaman Oliver Vraon Cowell Hutchinson. A. Perzel Wachob pare for the possible onslaught, I may bivouac on the south Cunningham Hutchinson, W. Peterson Wagnpr lawn in a fireproof pup tent with a waterproof sleeping bag. My Davies Irvis Petrarca Wargo Dawida Itkin Pircola Wass only fear of that is that the genus Cereus, either red or grey va- DeMedia Johnson. E. Pievsky Weidner riety, may get me first. If this fails, I will reenter the Capitol DeVerter John8on. J. Pistella Wenger Building seeking out the first female member of the capital Pitts DeWeese Jones White constabulary that I can find and I will engage her in a verbal DiCarla Kanuck Pott Wilson Dietz Kerniek Pratt Wilt confrontation about my plight, or I may get that desperate that Dininni Klingaman Pucciarelli Wright, D. I will ask the Governor to declare a statewide week for deprived Knepper Punt Yahner Dombrowski legislators to be set aside. Thank you, Mr. Speaker. Dorr Knight Pries Yohn Duffy Kolter Reed Zellrr The SPEAKER. The Chair heard comments the gentleman is Dumas Kawalyshyn Rhudes Zitterman deprived. Durham Kukovich Richardson Zord Earley Lashinger Rieger Zwikl CALENDAR BILLS AGREED TO ON Fee Laughlin Ritter SECOND CONSIDERATION Fiseher, R. R. Lehr Rocks Seltzer, Fisher, D. M. Letterman Rudgers Speaker The following bills, having been called up, were considered for the second time and agreed to, and ordered transcribed for third consideration: NOT VOTING-13 HB 55, PN 1685; HB 640, PN 1571; HB 830, PN 1592; HB Beloff Levin Ononnell Street 975, PN 1703; HB 1223, PN 1376; HB 1139, PN 1280; and Berson Lynch, F. Polite Williams SB 501, PN 747. Donatucci Mclntyre Rappaport Wright, J. L Giammarco BILLS RECOMMITTED TO APPROPRIATIONS COMMITTEE The SPEAKER. One hundred nmety members hav~ngmdi- cated their presence, a master roll is established. The SPEAKER. The Chair recognizes the gentleman from Philadelphia, Mr. Pievsky. For what purpose does the gentle- BILLS REPORTED FROM COMMITTEES, man rise? CONSIDERED FIRST TIME, Mr. PIEVSKY. MI. Speaker, I would like to move that HBs AND RECOMMITTED TO RULES COMMITTEE 339,948 and 1216 be recommitted to the Committee on Appro- priations. HB 847, PN 924 By Mr. THOMAS On the question, An Act amending the "Pennsylvania Farmland and Forest Land Assessment Act of 1974," approved December 19, 1974 Will the House agree to the motion? (P. L. 973. No. 319), providing definitions of "roll-back tax" and Motion was agreed to. "split-off." CALENDAR BILLS ON THIRD CONSIDERATION Agriculture and Rural Affairs HB 1176, PN 1320 By Mr. THOMAS The House proceeded to third consideration of HB 654, PN 710, entitled: An Act amending the "lnhrri~:~nn.~nd Est:$tc 11x Act oi lY(i1." :~pprovt.

sured's record of acc~dentsfor wh~chthe Insured was not held responsible or found to b? at fa& On the questlon, Will the House agree to the amendments? NOT VOTING-30 1 The SPEAKER. The Chair recognizes the gentleman from Beblff Ooebel Miller Richardson Berson Grieco Mullen. M. P. Shadding Clearfield, Mr. George. Brandt Hayes. I). S. O'DonneU Spitz Mr. GEORGE. Thank you, Mr. Speaker. Donatuccl Johnson. E. Politr Street The SPEAKER. Will the gentleman yield? Frflnd Kowalyshyn Rappaport White Gallagher Levln Reed Williams The gentleman, Mr. George, is going to explain his amend- Gannon Lynch, F. Rhodes Wright. J. L ments. Members please take their seats. Giammar

Mr. MOWERY. Mr. George has submitted an amendment we have in Pennsylvania a comparative negligence law which that I think most of us have total agreement with. I think last means that people are no longer found to either he at fault or term there was a similar amendment that Mr. George offered not at fault. They are now found to he in certain percentages at that I was supportive of. I would, however, like to suggest to fault in each and every accident and that percentage may be the members that currently there is a revision taking place in anywhere from 0 up to 100 percent. the no-fault insurance law. As you know, last term we did pass In the no-fault omnibus bill on which we held hearings last it in the House. It was not passed in the Senate. One of the week, there is a provision that addresses this specific issue and provisions in this current no-fault bill, that we hope will he says that you cannot he surcharged if you are less than 50 or 51 coming to you within the next few weeks, has a provision that percent at fault, and I think that is the precise way to handle Mr. George's amendment here addresses itself to. The only this problem. It will he in the no-fault law. I do not think there reason I ask that you wait for that consideration is that we is any ohjection to that and I am sure that it will he in the hill have addressed the one section of his amendment a little that we will be considering. clearer as far as language is concerned. So I would urge the members of the House to defeat this Mr. George relates to who is found to he at fault. We address amendment, because I think it 1s going to cause more problems the term what fault is, because legally that could he allover the than it is going to solve, and we can handle it in a precise and hall park, Mr. Speaker, if we just say whose fault it is. Here in accurate andcorrect manner through theamendment to the no- the amendment that we are talking about, it is up to the insur- fault law which will beconsidered. Thank you. ance department to make that decision. We do not believe that we should let them have that much freedom. So in our no-fault The SPEAKER. The Chair recognizes the gentleman from revision, it states more than 50 percent at fault. Delaware, Mr. Gannon. I believe that it would he to our benefit to wait and attach it Mr. GANNON. Would the gentleman. Mr. George, submit to at that time rather than attach this current bill. That is the a hriefinterrogation? only ohjection I have, and for that reason I would ask for a "no" The SPEAKER. The gentleman indicates that he will stand vote. for interrogation and the gentleman. Mr. Gannon, may pro- ceed. The SPEAKER. The Chair recognizes the gentleman from Le- Mr. GANNON. Mr. Speaker, on the question of fault, who is high, Mr. Ritter. to make that determination? Mr. RIITER. Mr. Speaker, I rise to support the amendment. I Mr. GEORGE. I am sure you are aware that today the law has agree that possibly something will he done in the no-fault insur- been changed considerably by an adoption of the Vehicle Code ance part of it, hut I say to you that, in the meantime, we ought in 1977 as far as investigations and reports. I am sure that you to accept Mr. George's amendment; get that protection on the are aware that in most cases reports need not he submitted. record; and if someday we finally make some changes in the no. You must understand that if there is an accident and if you fault insurance law-and that is a very controversial suhject-it happen to be involved with the insurance companies-and I do is very well liable to get hogged down with the threshold limits not know whether you are an agent or not-that it would be and other matters, and I think that Mr. George's amendment your responsibility to see or help your client to submit an acci- makes sense. Mr. Mowery admits that it makes sense and hk dent report. only point was that we ought to delay until we take a look at As far as the fault is concerned, there are several ways of de- the package in terms of no-fault insurance. termining fault: one, by the officer providing the investigation, I say to you, as Mr. George does, we ought to pass it today. and, of course, there is always the insurance company that has We will have one less item to concern ourselves with in a no- something to say about that. fault insurance package. If in fact there is a better amendment I do not think that what I want to do, Mr. Speaker, will really coming, it seems to me that it does not matter then if we adopt hurt the insurance agent or the insurance companies, per se, he- Mr. George's amendment today and sometime in the future im- cause all I am attempting to do, and not waiting until next prove on it somewhat; hut to wait until the sometime in the month when something better comes up, is to provide an alle- future, which may be a year or two, is to deny people the oppor- viation on an increase or a cancellation for an individual who tunity to get insurance and it would have people pay a higher was not-maybe there is an involvement because he owned an premium for accidents for which they were not at fault. automobile but maybe he was not-in the car, near the car, hut Mr. George's amendment makes sense, and I would ask that it still comes down to accident analysis and it is put on his rec- we support it and send it over to the Senate, and maybe this ord. Therefore, whenever that sheet is procured by the insur- year they will get the message and they will pass it this year in- ance company, and I know I am telling you something you are stead of sitting on it as they did last session. Thank you, Mr. already aware of, they pick that up and they write to the indi- Speaker. vidual and they say, we say now whether you are buying a new The SPEAKER. The Chair recognizes the gentleman from policy or whether it is a continued policy, you have been in- Montgomery, Mr. Yohn. volved in two accidents in the last 3 years and, therefore, we Mr. YOHN. Mr. Speaker, I rise to oppose the amendment. I must cancel you, or, therefore, we must place you in assigned do not oppose the concept of the amendment, but I think that risk, or whatever the case may he. I do not believe that it is re- the problem with the amendment is in the language, because sponsible and it is fair to the individual who wants to buy this 1919. LEGISLATIVE JOURNAGHOUSE 1281 insurance to he blamed for something that maybe he was in no which was adopted. The proposed amendment would muddy way responsible for much less should have been involved in. the waters. It would make it more difficult to understand the Mr. GANNON. Mr. Speaker, I oppose this amendment. I meaning and application of Act 78, and, therefore, I urge that agree with Mr. Yohn that this amendment would create more it nothe adopted. Thanksou. problems than it would solve. The individual I think it would The SPEAKER. The Chair recognizes the gentleman from hurt the most by an amendment such as this would be the acci- dent victim, the individual who is supposed to be protected by Fayette, Mr. Taylor. Mr. TAYLOR. I rise to urge the adoption of the proposed an insurance policy. For this reason, if an insured is involved in George amendment. Last year we had this same type of amend- an automohile accident, the insurance company could withhold ment that was tried to be inserted into HB 1980, which dealt settling the claim on the basis that there has not been any legal determination that this insured was at fault, and their reason- with no-fault. It was not the proper language at that time. I think it is the proper language to be addressed to Act 78, which ing would he that they could not attach any premium surcharge refers to the cancellation. What has happened is exactly the or additional premium against their insured unless there was that legal determination. wrong interpretation that the department has taken over So I can envision an insurance company withholding settle- there, and the insurance companies, in not renewing and can- celing people's policies. I think that the premium should not be ment on a claim and compensating an injured accident victim . just on the mere basis that they would not be able to charge any ~ncreasedbecause they are not at fault, and I think the com- parative negligence deals with the no-fault part. additional premium until their insured was legally determined Mr. George has the right approach to solving the problem, to he at fault. Of course, many of us are aware of how long it and I think we should adopt this amendment. We did not adopt takes to get a case through court. I believe that most policies . ~tlast year; we took it out of 1980, and I think it should he put, presently are written to provide that the insurance company . In this present form, into Act 78. Thank you. has the right to settle a claim. I think this amendment would supersede that right and would really hurt the individuals who The SPEAKER. Does the gentleman from Berks, Mr. Gallen, are protected or supposedly protected and designed to be pro- wish to be recognized? The gentleman is in order and may pro- tected by an insurance policy. ceed. Additionally, as Mr. Yohn has indicated, this problem has Mr. GALLEN. Mr. Speaker, my concern is that this amend- ment will have the opposite effect, the opposite of the desired been specifically addressed in the omnibus amendments to he considered to the current automohile no-fault law, and I believe effect of the sponsor of the amendment. When you say, to be that is a proper vehicle to address this issue and not an amend- found not at fault if the person is 10 percent at fault or 5 per- ment such as this. Thank you, Mr. Speaker. cent at fault, he would he at fault, and I feel that this amend- ment would have the reverse effect that the sponsor of the The SPEAKER. The Chair recognizes the gentleman from amendment wanted. Northampton, Mr. Kowalyshyn. I think it would he wise if he withdrew the amendment or at Mr. KOWALYSHYN. Mr. Speaker, I urge that this least cleaned up the language. I think one has got to he put on a amendment he defeated as unnecessary and particularly in the spot of voting for or against an amendment like this, which light of the precise language which was inserted into Act 78 of 'really sounds good hut I think it does not have the desired ef- 1968 last session, and I would like to simply read to you refer- fect. ence to the precise factual case that Mr. George mentions. Sec- I ask for a negative vote and I request that the sponsor with- tion 3 of Act 78 reads as follows: "No insurer shall cancel or re- draw the amendment and seek another amendment which will fuse to write or renew a policy of automohile insurance for one have the effect that he wants to bring out. Mr. Speaker, I ask or more of the following reasons." And subsection 13 says, that the bill be held and that the sponsor of the amendment "Any accident which occurred under the following circums- have a chance, if he agrees, to get his amendment redrawn. tances:". In subsection 1 under that, "auto lawfully parked . . . ." suhsection 3, under that, "auto is struck in the rear by an- On the question recurring, Will the House agree to the amendments? other vehicle and the applicant.. or other resident operator has not been convicted of a moving traffic violation in connection The following roll call was recorded: with this accident." That has to do with cancellation, nonre- newal, and failure to write. YEAS-114 Now as far as increasing the premium, we also have specific Anderson Uumas Kukovirh Spventy language covering it, and I would like to read it t,o you. It is sec- Austin Fee I.aughhn Shadding tion 4.1: "No insurer shall increase an individual insured's pre- Rarhrr Fisrhrr. R. R. Lrhr Shupnik mium or assess a premium surcharge on the basis of any mov- B"lardi Foster, W. Lpttrrman Smith. E. Bennett Frypr 1,ivmgood Spitz ing traffic violation rerords, or any revocation or suspension Rorski Gsimhle Manderino Stairs records, or any accident records, if the insured establishes that Bowser (::itski Manmiller Steighn~r the records are erroneous or inaccurate." Hruwn (;resry MrCall Stewart Hrunner (:rist MrMoneglr Stuhan I would just like to point out to the members of the House George, C. Milanovirh Sweet that that language was in Mr. George's amendment last year. Caltagironr ~eorge,M. Mrkonic Swift LEGISLATIVE JOURNAL-HOUSE June 14,

Cappabianca Goodman Musto Taddonio The SPEAKER. The Chair recognizes the gentleman from Chess Grabowski Novak Taylor, E. Cumherland, Mr. Mowery. Cianciulli Gray O'Brien, R. Taylor, F. Cimini Greenfield Oliver Telek Mr. MOWERY. I guess all the amendment does is to further Clark. R. Harper Petrarea TreUo correct what the purpose of this bill was intended to do. Clark, R. Hasay Pievsky Wachob At the request of the Teamsters' Union, we took a good look Cochran Hayes. S. E. Pistella Wargo Cohen Hoeffel Pitta Wass at what is currently happening by some of the insurance com- Cole Hutchinson. A. Pratt White panies in Pennsylvania. Most of the companies are not current- Coslett Irvis Puceiarelli Wilson CoweU Itkin Pyles Wilt ly involved in this practice, but for those few who continue to. Davies Johnson. J. Rieger Wright, D. we believe that this legislation is necessary to correct it. DeMedio Jones Kitter Yahner Today, those who drive commercial vehicles or licensed com- DeWeesr Kernirk Rodgers Zeller DiCarlo Khngaman Schmitt Zitterman mercial vehicles, such as buses, cabs, trucks, tractor trailers are Dininni Knepper Schweder Zord currently covered by the commercial insurance for that particu- Dombrowski Knight Serafini Zwikl lar rig. If they are unfortunate enough to have a speeding viola- Duffy Kolter tion, or last winter, in one of the ice storms, their tractor trailer jackknifed, that was recorded as an accident on their record NAYS-66 very similar to what was being discussed previously. Then in Alden Gallen McClatchy Ryan some cases some of the insurance companies in Pennsylvania Armstrong Gannon McKelvey Salvatore were using that incident to add a surcharge to their personal Arty Gladeck McVerry Scheaffer Bittle Gruppo Michlovic Scirica automobile. In my mind, that is basically charging twice for Rrandt Halverson Micozzi~ Siemlnski that incident. The rating is already covered under the commer- Rurd Hayes, 1). S. Moehlmann Sirianni Cessar Hrlfrirk Mowery Smith, L. cia1 insurance coverage. Why should it be used again as an inci- Cornell Honaman Murphy Spencer dent on their personal insurance policy? Cunningham Hutchinson. W. Nahill tho ma^ So the purpose of this is to make sure that they cannot he sur- Dawida Kanurk Noye Vroon DeVerter Kowalyshyn O'Hrien, D. Wagner charged on their personal policies, making their wife, and many Dietz Lashing~r Pcrzpl Weidner times children, pay an extremely higher premium for some- Dorr Levi Peterson Wenger thing that was already covered under their other policy. So I Durham Lewis Pircola Yohn ask for your affirmative vote on this bill. Earley 1.vnrh.E. R. .Pott... Fisher. D. M. Markowski Punt Spltzer, F0ster.A. Madigan Rorks Speaker On the question recurring, Shall the bill pass finally? Agreeable to the provision of the Constitution, the yeas and NOT VOTING-23 nays will now he taken. Heloff Goeb~l Miller Rhod~s Berson Gripco Mullen, M.P. Richardon YEAS-179 Donatucci Johnson. E. O'DonneU Street Friend Levin Polite Williams Alden Fischer. R. R. Levi Scheaffer Gallagher Lynch. F. Rappaport Wright, d. L Anderson Fisher. D. M. Lewis Schmitt Giammarro Mrlntvrr Reed Armstrong Foster. A Livengwd Schweder Arty Foster. W. Lynch, E. K. Sririca Austin Fryer Mackowski Serafini The question was determined in the affirmative, and the Barber Gallrn Madigan Scvcnty Gambit- Msnderino amendments were agreed to. Helardi Shadding Bennett Gannon Manmiller Shupnik Bittlr Gatski MrCall Sieminski Rorski Gersey ~c~latrhy Slrianni REMARKS ON VOTE Bowser Geist MrKelvey Smith. E. The SPEAKER. The Chair recognizes the lady from Susque- Gforg-e. C. McMonngl~ Smith. 1,. ::t: ::t: Gorge. M. MrVrrry Spencer hanna, Miss Sirianni. For what purpose does the lady rise? Rrunner Gladeck Michlrlvic Spitz Miss SIRIANNI. Mr. Speaker, I would like to be recorded vot- Hurd Goodman Micozzir Stairs Burns Grabowski Milanovirh Steighner iug "yes" on the George amendment to HB 751. Caltagironr Grnv Morhlmann Stewart The SPEAKER. The lady's remarks will be spread upon the caDDahjanca. . Orepnfirld Mowerv Stuhon record Cessar Gruppo Mrkonir Sweet Chew Harper Murphy Swift On the question, Cianeiulli Hasav Muito Tnddonio Clmini Ilayes. D. S. Nahill Tavlor. E. Will the House agree to the hill as amended on third consider Clark. B. Hayrs. S E. N~vnk T.ylor. F ation? Clark. R. Helfrirk Noyt! Telrk Bill as amended was agreed to. Corhran Ho~ffel O'Hrirn. H. Thomas Cohm Honaman O'Rrirn. D. TrrUo The SPEAKER. This bill has been considered on three differ- Colp Hutchinson. A. Oli~rr Vroon Cornell Rutrhina,n. W. Prrrrl W:tchob ent days and agreed to and is now on final passage. Cosl?tt lrvis I'rtc~rson Wargo The question is, shall the hill pass finally? CoweU Itkin Pc,trarca W;ISS 1979. LEGISLATIVE JOURNAL-HOUSE 1283

Cunningham Johnson, E. Picrola Wridnrr General Assembly, ursuant to the mandates of the Constitu- Ilavirs Johnson. J. Piwsky Wcnger tional Convention oF 1968, considers it to be a matter of sound nawida .Jones I'iskUa Whit? uhlic policy to make specla1 provisions for property tax re- DeMedio Kanuck I'itts Wilson gates or rent rebates in lien of property taxes to that class of DrVertrr Kernirk Pratt Wilt senior citizens, [wldows, widowers1 single persons and perma- DrWeese Klingaman Pucrinrrlli Wright. Ll nently disabled persons who are real property taxpayers or DiCarlo Knepper I'unt Yahnrr renters who are without adeauate means of support to enable Diftz Knight I'yles Yohn Dininni Kolter Richardson Zeller Dombrowski Kuwalyshyn Kieger Zitterman L)orr Kukovich Ritter Zord nuffy Lashinger Rocks Zwikl (5) "Rent rebate in lieu of property taxes" means twenty per Dumas 1,aughlin Rodgers cent of the gross amount actually paid in cash or its equivalent Durham Lehr Ryan Seltzer. in any calendar year to a landlord in connection with the occu- Earley 1.ettcrmnn Salvalore Swakrr pancy of a homestead by a claimant, irrespective of whether Fee such amount constitutes payment solely for the right of occu- pancy or otherwise. However the phrase "gross amount actually paid shall not include payments made by or attribut- Wagner able to any governmental or qua@-governmentalagency as part -of a subsidized housing program and shall include only those NOT VOTING-22 amounts actually paid by the claimant, or individuals acting on behalf of the claimant, to thelandlord, Beloff Miller Reed Berson Mullen, M. 1'. Rhodrs (6) "Claimant" means a person who files a claim for property 1)onatucci O'Donnell Street tax rebate or rent rebate in lieu of property taxes and was Freind Polite Williams sixty-five years of age or over, or whose spouse (if a member of Gallagher Rappaport Wright. J. 1. the household) was sixty-five years of age or over, during a Giammarro calendar year in which real property taxes or rent were due and payable or was a [widow or widower] single person and was fifty years of age or over during a calendar year or part thereof The majority required by the Constitution having voted in In which real property taxes or rent were due and payable, or the affirmative, the question was determined in the affirma- was a permanently disabled person dur~nga calendar year or tive. part thereof in which real property taxes or rent were due and payable. [For the purposes of this act the term "widow" or Ordered, That the clerk present the same to the Senate for shall mean the surviving wife or the surviving bus. concurrence. band, as the case may be, of a deceased individual and who has not remarried except as ~rovidedin subsection (c) and (d) of sec- The House proceeded to third consideration of HB 1031,PN tion 4 of this act.] For the purposes of th~sact the term "single

1553, entitled: I --person" shall mean a person who has never married or who has married and has been divorced and has not remarried or who An Act amending the "Senior Citizens Property Tax or Rent Rebate Act," approved March 11, 1971 (p. L. 104, NO.3), dari. hamarried and whose spouse has died except as ~rovidedin fying the definition of "rent rebate in lieu of property taxes." section 4(d). For the purposes of this act the term "permanently -- ~ On the question, disabled person" shall mean a person who is unable to engage in any substantial gainful activity hy reason of any medically Will the House agree to the bill on third consideration? determinable physical or mental impairment which can be ex- Mr. PRA'IT offered the following amendments: pected to continue indefinitely. except as provided in subsec- tion [(c)and] (d) of section 4 of this act Amend Title, page 1, line 8, by striking out "taxes." "and in- * * * serting taxes," and including certa~nsingle persons within the Section 4. Property Tax or Rent Rebate.-**' act. (d) If a homestead is owned or rented and occupied for only a Amend Rill, page 1, lines 11 through 19, page 2, lines 1 I portion of a year or is owned or rented in part by a person who through 16,by striking out all of said lines and inserting does not meet the qualifications for a claimant, exclusive of any Section 1. The title. section 2, clauses (5)and (6) of section 3, i interest owned or leased by a claimant's spouse, or if the claim- subsection (d) of section 4, sections 5 and 6, act of March 11, ant is a [widow or widower] single person who [remarries]= 1971 (P. L. 104, No. 3).known as the "Senior Citizens Property 1 Tax or Rent Rebate Act," reenacted and amended June 16, ries,- or if the claimant is a permanently disabled person who is 1975 (P. L. 7, No. 4), sections 4(d), 5 and 6 amended November no longer disabled, t,he department shall apportion the real 22,1978 IF. L. 1157. No. 272), are amended toread: property taxes or rent in accordance with the period or degree of ownership or leasehold or eligibility of the claimant in deter- AN ACT mining the amount of rebate for which a claimant is eligible. A I claimant who is a renter shall not be eligible for rent rebate in Providing property tax or rent rebate to certain [senior lieu of property taxes during those months within which he re- citizens, widows, widowers and permanently disabled] per- ceives public assistance from the Department of Public Wel- sons with limited incomes; establishing uniform standards fare. and qualifications for eligibility to receive a rebate; and Section 5. Filing of Claim.-A claim for property tax or rent imposing duties upon the Department of Revenue. rebate shall be filed with the department on or before the thir- Section 2. Declaration of Policy-In recognition of the tieth day of June of the year next succeeding the end of the severe economic plight of certain senior citizens, [widows, calendar year in which real property taxes or rent were due and widowers] --certain single persons and permanently disabled per- navable: Provided. That claims filed after the June 30 deadline LEGISLATIVE JOURNAL-HOUSE June 14, claim shall he made from the State Lottery Fund earlier than he declared, unconstitutional. I believe that that provision is the day following the thirtieth day of June provided in this act on which that claim may he filed with the department, only unconstitutional. I think if we are going to give benefits, and I one claimant from a homestead each year shall he entitled to think we should, to widows and widowers, we should also give Property tax or rent rebate. If two or more persons are able to the henefits to single people, same age, same income levels and meet the qualificationsfor a claimant, they may determine who the claimant shall he. If they are unable to a ee the depart- expenses. ment shall determine to whom a rebate is to ;aid.- 1 would ask. Mr. Speaker, that the members on both sides of may he filed by single persons who meet the require- the aisle see fit to adopt this amendment. We have the funds in ments of this act. the lottery; there are excess funds due to the success of the section 6. proof of ~l~i~.-~~~hclaim shall include reason. daily lottery machine. There are numerous bills pending right able proof of household income, the sue and nature of the .DroD- . now. Mr. Speaker, in this House which would add benefits to erty claimed as a homestead and the rent or tax receipt, or other proof that the real property taxes on the homestead have the many people throughout the Commonwealth, ranging from been paid, or rent in connection with the occupancy of a home- Payment of or more stead has been paid. If the claimant is a [widow, or widower,] Well, I think that this particular addition of these people to single person a declaration of such status on such forms and in those claimants already receiving benefits is the mostimpor. such manner as prescribed by the Secretary of Revenue shall be tant one, M~.Speaker. It eliminates a discriminatory practice included. Proof that a claimant is eligible to receive disability benefits under the Federal Social Security Act shall constitute under the present law, and I urge its Thank you. proof of disability under this act. No person who has been found not to he disabled by the social security administration The SPEAKER. The Chair recognizes the gentleman from shall be granted a rebate under this act. A claimant not covered Chester, Mr. Vroon. under the Federal Social Security Act shall be examined by a M,.. VROON. M~.speaker, I am very much impressed with physician designated by the department and such status deter- mined using the same standards used by the social security ad. this attempt and I am very much in favor of eliminating this ministration. It shall not be necessary that such taxes or rent inequity. The statement was made here as to the fiscal impact were paid by the claimant: Provided, That the rent or taxes and the availability of money, and I must take issue with the have been paid when the claim is filed. Tbe first claim filed shall include that the claimant or his spouse was age author of the amendment hecause the lottery does not have a sixty-five or over or fifty years or over in the case of a widow, surplus. The lottery fund is running in a deficit year after year or widower, during the calendar year in which real Property after year and it borrows money from the general fund every taxes or rent were due a~dpayable. section 2. ~h~ provisions of this amendatory act shall take year, and every year we pass another renewal of that borrow- effect immediately and shall a ply to the calendar years com- ing arrangement. So there is not money available in there right mencing January 1.1978 and tEereafter. now to pay for this. On the question, If, however, we can find other ways and means of compensat- Will the House agree to the amendments? ing for this cost, I would surely say it is a good amendment. I

want to know a very~ important~ answer. Where is this money going to come from?, because last year we doubled the rent re- The SPEAKER. The Chair recognizes the gentleman from bates and the tax rebates from $200 a year to $400 a year maxi. Lawrence, Mr. Pratt. mum and the allowable limit for earnings to $9,000 a year. Mr. PRATT. What this amendment does is it adds a new class Now that took an awful lot of that slack, that so-called surplus, of individuals to receive henefits under the present real estate which was being generated. In fact, it took so much that there property or rent rebate program funded by the lottery. is not any more surplus, and, believe me, it is true. We have dis- At the present time, Mr. Speaker, the program benefits those cussed this at great length in our Finance Committee and we married couples aged 65 or over and those widows or widowers have established this beyond any shade of doubt. There is no aged 50 or over who have the required income levels and the re- surplus in the lottery, notwithstanding all of the bills that are quired other expenses, but the present law does not cover single being proposed. So if we pass another bill increasing by $8 mil- people, those people who, for some reason, never wished to he lion the cost of our benefits to senior citizens, we are going to married or were married and unfortunately became divorced, have to find that money somewhere. or fortunately became divorced. Mr. Speaker, I see no differ- For that reason and for that reason alone, I would say we ence between a person who is a widow or widower aged 50 or should reject this amendment; not because it does not have over and those who are single, for whatever reason, having the merit, hut we should reject it because it should he brought up in same income and expense disabilities. an ordinary bill, brought to committee and studied as to its real Mr. Sneaker. the fiscal note on this articular amendment impact. would cost the lottery fund an additional $8 million annually; about $7.8 million to he exact, henefitingapproximately 35,300 The SPEAKER. The Chair recognizes the gentleman from claimants. Schuylkill, Mr. Hutchinson. In my opinion, Mr. Speaker, unless this amendment is Mr. W. D. HUTCHINSON. Mr. Speaker, would the gentle- adopted, if someone were to challenge the present law based man consent to interrogation? upon discrimination or violation of equal protection because of The SPEAKER. The gentleman indicates that he will. The the different classification made between a widow or widower gentleman, Mr. Hutchinson, may proceed. and single people, I believe the law would be declared, or that Mr. W. D. HUTCHINSON. Mr. Speaker, if your amendment particular provision dealing with widows and widowers would would become law, would not the effect of it he to simply lower 1979. LEGISLATIVE JOURNAL-HOUSE 1285 the age at which persons would get rent benefits to 55? Is that $5,000, and you have a married couple living together who has not the effect of your amendment, to simply make rent and tax- an income of $5,000. Is it not true that under your amendment, payer assistance benefits available to everyone instead of at the if both of those three people are all over 55 years old, the present age of 65, it would become available at 551 married couple living together does not get any benefits and Mr. PRATT. No, Mr. Speaker. the divorced person does? Is that not the effect of your amend- Mr. W. D. HUTCHINSON. Well what would it do then? How ment? do you get rid of the discrimination? Mr. PRATT. That is true, Mr. Speaker. Mr. PRATT. Mr. Speaker, if this amendment were to become MI. W. D. HUTCHINSON. Now, Mr. Speaker, a couple of law, those persons over the required age who are widows, comments. widowers or single, would be eligible for the benefits. Mr. Speaker, I think there is a discrimination here and I think m. W. D. HUTCHINSON. N~~,hqr. speaker, may I pursue there is a discrimination in the statute and I do not think the that? canyou show me any category of over any age way to cure that discrimination, particularly since we now do who is not &her a widow, a widower or single at any age? it not know what the lottery fund's position will be with the not true that every person in the population of Pennsylvania doubling of the amount from $200 to $400, is the way Mr. will be &her widow, widower or sing.]P? will that not include Pratt suggests, which puts an even worse discrimination into all persons at a particular age? the statute. Mr. PRATT. No, Mr. Speaker. The married people are not in- I do not know what the General Assembly intended either. cluded in that. Perhaps they wanted to subsidize the family. Perhaps the word Mr. W. D. HUTCHINSON. Whodoes it exclude? "widow" and "orphan" mean something. I think perhaps they Mr. PRATT. The married people. made a mistake. I think if you really want to approach this Mr. W. D. HUTCHINSON. Whodoes it exclude, Mr. Speaker? problem, the way to get over the discrimination is to phase out Mr. PRATT. Married couples. Mr. Speaker. over a period of time the discriminatory portion, that is, the M~.W. D. HUTCHINSON. married couples. ~~d is that widow and widower benefits. If you do that over a period of 10 not discriminatory then? years, nobody presently getting any benefits would he taken Mr. PRATT Mr. Speaker, there may he justifications for the off, hut you would stop them from signing up. Then you would differences in classifications between married couples who may have this hack where it should he, which was to benefit the he able to afford their taxes or rent because they are married, senior citizen over 65, no matter what his situation is, married. because maybe one of the spouses or both spouses are working. single, and so on. I did not consider this ,,articular law when it was originally I think the inevitahie effect of your type of legislation is to passed. I do not know the intent of the legislature making a dif- eventually simply reduce this age limit to age 55, or whatever ference between widow, widower and those people married he. level, and I do not know if we can afford that. It is another sub tween the two age brackets. There must have been some argu- sidy; it is another attempt, and I suggest this is not the way to ment or debate which went on in the ~~~~~~l~~~~~hl~ which cure discrimination, especially in light of the married-couple obligated or convinced this legislature that there should he a problem. difference in those two groups of people. Mr. Speaker, hut what I cannot vote for an amendment that is going to give the per- ihis lcgislnture forgot is that there was the third group of son who does not stick to the marriage, the divorced person, a people out there, those who are single, or those who never benefit and then say to that couple who has lived together all of married or where divorced. They excluded those people hut in- their lives, you cannot get it because you live together. That, in cluded widows and widowers. I see no difference hetween those my opinion, is subsidizing exactly the wrong thing. I am op- classes. There may be a difference hetween those people who posed to it. If you really mean to do anything over here and not are married, age 65 and over, and those people who are widows, further weaken family structure, you ought to vote against this widowers or single or otherwise single, age 50 or over. amendment. Thank you, Mr. Speaker. Mr. W. D. HUTCHINSON. Mr. Speaker, was that an answer to my question or a speech? Mr. PRATT A little hit of each. The SPEAKER. The Chair recognizes the gentleman from Mr. W. D. HUTCHINSON. Mr. Speaker, you said that in your Lawrence, Mr. Pratt. opinion the present statute was unconstitutional because it dis- Mr. PRA?T. Mr. Speaker. I can understand the previous criminated, and I take it you say that it discriminated between speaker's frustration over alleged disparity hetween this partic- widows and widowers and single people and thus was a discrim- ular amendment if it were to become law and those people who ination on the basis of status. Now will it not discriminate even are married and rereiving benefits in that it may or may not more vilely if yours comes in when it would discriminate purely have an effect upon your marital status. However, if we look at on the ground of marital status so that the person who has the current Internal Revenue Code on the Federal level, we find gotten a divorce can get this benefit hut the married couple disparities between th~inrorne tax break for those people who who are living together cannot? Would that not he the effect of are married and those people who are single. That law has it? n~verbeen challenged or, if it has, it has not been surcessful. Let us suppose their income is exactly the same. You have a Thrre is a difference, hut. Mr. Spmkrr. that is not the issup divorced person who has ar. income of under $10,000, say here. 1286 LEGISLATIVE JOURNAL-HOUSE June 14, - The issue here, Mr. Speaker, is that if you are going to give The SPEAKER. The Chair recognizes the gentleman from these benefits to widows and widowers, you should give it to Delaware. Mr. Gannon. single people who never were married or who were married and Mr. GANNON. Mr. Speaker, will the gentleman, Mr. Pratt, divorced. submit to brief interrogation? Furthermore, Mr. Speaker, I have heard the argument that The SPEAKER. The gentleman indicates that he will. The there are no excess funds in the lottery fund. I think that is gentleman, Mr. Gannon, may proceed. wrong. I say that there are excess funds. We stood here last Mr. GANNON. Mr. Speaker, under this amendment, could a year, Mr. Speaker, and all voted to increase the henefits. The married couple under 65 obtain a divorce, thereby becoming argument was made that we did not want to increase them too single, andhe entitled to henefits? much, even though we had an excess; let us increase them a lit- Mr. PRAIT. Under 65? tle hit, because they will see, after a year or two, if we continue Mr. GANNON. Yes. to have theexcess. Mr. PRATT. Yes. I wanted to offer this amendment last year, Mr. Speaker, but Mr. GANNON. So that if a couple was 55 years of age or over I was told to hold on, to wait a year. and they looked at this amendment and felt that this would en- We have an excess in this fund, hut let us suppose we do not. courage, so to speak, or permit them to obtain a divorce, there- The law reads that all of the henefits will be prorated. If we by obtaining single status, they would then he eligible for hene- have $25 million in the fund, that is the money they give out. It fits? is prorated, Mr. Speaker, Those people who are arguing that Mr. PRATT. Yes. there are no excess funds in the lottery fund are not telling you Mr. GANNON. Thank you. that in the event that occurs, all henefits are prorated. They are On the question recurring, all reduced by the amount that is not available. Will the House agree to the amendments? I am telling.. -you, Mr. Speaker, that there is money availahle to cover this particular amendment and I think we ought to Thefollowingrollcallwasrecorded: eliminate the current disparity, which is discriminatory, he- tween widows, widowers, and single people. I think it is only YEAS-68 just. Thank yon. Austin Fisher. D. M. Milanovirh Schmitt The SPEAKER. The Chair recognizes the gentleman from Gamble Mowery Schweder :f!::jt Gatski Mrkonir Serafini Mifflin, Mr. DeVerter. Brown George. C. Musto Shupnik Mr. DeVEKTER. Mr. Speaker, I would like to address a cou- Brunner Harper Novak Stairs (:;iltagiron~ Helfrick Noyr Steighner ple of hrief remarks to the matter the prior speaker just talked (:appnliianra Irvis O'Rrirn. B. Sweet about in relationship to the dollars available in the k~tt,ery ~i~,,,~i~,lli Jones Oliver TaddonV, fund. Clark, B. Kernick Petrarca Taylor. F. Clark. R. The simple fact remains that in the past 3 surcessive years, Klin~aman I'iea,la Telek Cochran Knight Pievsky Trrllo we have in fact passed legislation in this House that would per- Cohen Kolter Pitts Wngn~r mit the lottery fund to borrow from the general fund on antici. Cole Laughlin Pratt Waga pated revenues. The proposed surplus of June 30 this year is DpMrdia Livengood Pucciarelli White I?ambrowski Mandrrino Richardson Wilt approximately $66 million. The contemplated payout is about Fer Mann~ill~r Ripgrr Wright, D. $114 million, and we really do not have a year's experience Fischer. R. R. McCnll Rd~rrs Yahnrr under the higher rates that we are paying out. I think it is up to the House to make the determination as to whether they think we can find another $8 million, but I would not for a moment want this House of Representatives to think that there are sur- NAYS-115 plus dollars floating. As I said, the lottery for the past 3 years Alden Foster. A. Kukovirh S~hraffrr has borrowed on its anticipated revenues. They have paid it And"r~"" Foster. W. Lashinger Sririca Arrnstnmg Fryrr Lchr Seventy hack; there is no question about that, but each timr we escalate Arty Gsllen Letterman Shadding a program under the lottery fund, I think we are doing an in- Rarher Gannon Lrvi Sieminski justice to those who are entitled to henefits, and if we continue RittL' Gppsry Lewis Sirianni Rorski (kist Lynch, E. H Sniith, F:. to increase those levels without the corresponding increase in Rowser George. M. Mnrkowski Smith, I,. revenues. I am afraid we are going to have big pmhlems dawn Rrandt Glndeck Madiran Spencer the road. Burd Goehrl McClatrhy Spitz Burns Goodman McKelvey Strwart I can understand Mr. Pratt's consideration of those who are C,,,,, Grabowski McMonagle Stuhnn singled out, and I have had many calls in regard to these types Chess Gray MeVerrv Swift of folks, hut an $8-million additional appropriation to go in this Greenfield Mirhlovir Cornell Gruppo Mimzzie direction, to me, just seems totally unwarranted and, quite c~~~~+,~R;ilverson Mophlm;inn frankly, a little irresponsible at this point in time. Thank you. Cowell Hasay Murphy 1979. LEGISLATIVE JOURNAL-HOUSE 1287

Cunningham Hayes. D. S. Nahill Wass 1)iCarIo Kernick Pucciarelli Wright. D. Davies Hayes. S. E. O'Brien, D Wridn~r Llietz Klingaman Punt Yahner Dawida Hoeffel Prrzel Wenger Dininni Knepprr Pyles Yohn DeVertrr Honaman Peterson Wilson Dombrowski Knight Richardson ZeUer DrWrrse Hutchinson. A. Pistella Yohn Dorr Koltcr Riegcr Zitterman 1)iCarlo Hutchinson, W. Pott Zpllpr Duffy Kowalyshyn Ritter Zord Diek ltkin Punt Zitterman Llumas Kukovich Rocks Zwikl Dininni Johnson. E. Pyles Zord Durham Lashinger Rodgers Dorr Johnson, d. Ritter Zwikl Earley Laughlin Ryan Seltz~r. Duffy Kanuck Rocks Fee Lehr Salvatore Speaker Dumas Knepprr Ryan Seltzer, Ficher. R. R 1.etterman Scheaffer Durham Kow;dyshyn Salvatore Speaker Earlpy

NOT VOTING-20 NOT VOTING-22 Beloff Giammarcu Miller R~rd Berson Grifco Mullen, M. P. Rhodes Heloff Giammarca Miller Reed Donatucci Levin O'DonncU Street Hennett Grieco Mullen. M. P. Rhodes Freind Lynch, P. Polite Williams Berson Levin O'Dannell Street Gallagher MeIntyre Rappapart Wright. .I. L Donatucci Lynch. E. R. Polite Williams Freind Lvnch. F. Ra~vavort Wright, J. L. The question was determined in the negative, and the amend- Gallagher ~e~ntyre ments were not agreed to. The majority required by the Constitution having voted in On the question recurring, the affirmative, the question was determined in the affirma- Will the House agree to the hill on third consideration? tive. Bill was agreed to. Ordered, That the clerk present the same to the Senate for The SPEAKER. This bill has been considered on three dif- concurrence. ferent days and agreed to and is now on final passage. The question is, shall the bill pass finally? HOUSE SCHEDULE Agreeable to the provision of the Constitution, the yeas and The SPEAKER. The Chair recognizes the majority leader. nays will now be taken. Mr. RYAN. Mr. Speaker, I would ask that the House now recess until 1:30. That will provide an hour for lunch and an YEAS--181 hour for caucus. When we come back at 1:30, I would ask that Alden Fisher. D. M. Levi Schmitt everyone return promptly, because there are two bills that will Anderson Foster, A. Lewis Sehweder be run immediately, and then there may be some happy hour or Annstrung Foster, W. 1,ivengood Seiriea Arty Fryer Mackowski Serafini some extended period of time for other things to happen. But in Austin Gallen Madigan Seventy any event at 1:30 we will come hack and roll several hills im- Barber Gamble Manderino Shadding mediately, important hills, not necessarily taxes. They are also Brlardi Gannon Manmillfr Shupnik Bittle Gatski McCall Sieminski important, but we will run two other bills immediately. Thank Burski Gfesev MeClatrhv Sirianni you, Mr. Speaker. Howsrr Geist ~c~e1-e; Smith, E, I would ask that the Republicans go to caucus immediately Hrandt George, C. McMonagl~ Smith. L. Brown George, M. McVerry Sprncrr and then break for lunch. Brunner Gladeck Michlovic Spitz Burd Gwhel Mieozzie Stairs DEMOCRATIC CAUCUS Burns Goodman Mi1anovic:h Steighner Caltagirone Grahawski Moehlmann Stewart The SPEAKER. The Chair recognizes the minority leader. Cappahlanca Gray Mowpry Stuhan Crssar Greenfield Mrkonic Sweet Mr. IRVIS. Thank you, Mr. Speaker. Chess Gruppo Murphy Swift It will be important for the Democrats to report to the caucus Cianciulli Hnlverson Mustc Taddonio room at 12:30. We are going to be caucusing particularly on a Cimini Harper Nahlll Taylor, E. Clark. B. Hasay Novak Taylor, F. very highly technical change to the public utility realty tax law, Clark. R. Hayes. I). S. Noye Tplek and that involves some millions of dollars and may affect the Cachran Hayfs. S. E. O'Brien, B. Thomas tax picture, the budget picture in this Commonwealth. I would Cohen H-lfrick O'Brien. D. TreUo Cole Hoeff~l Oliver Vroon urge the Democrats to report promptly at 12:30 to our caucus Cornell Honaman Perzel Warhoh room. Thank you, Mr. Speaker. Cuslett Hutchinson. A. Peterson Wagner The SPEAKER. The Chair recognizes the majority leader. Cowell Hutchinson. W. Prtrarra Wargo Cunningham Irvis Picrola Wass Mr. RYAN. Mr. Speaker, for the benefit of the Republicans, I Davirs Itkin Pievsky Wridner think we will follow the lead of the Democrats this time, and we Dawida .Johnson. E. Pistella Wenger will go to lunch first and to caucus at 1230 so that you will DrM~dio Johnson. J. Pitts White have a full stomach to digzst the matters that will be discussed DeVerter Jones Pott Wilson IIeWeese Kanuck Pratt Wilt in caucus. Thank you, Mr. Speaker. 1288 LEGISLATlVE JOURNAL-HOUSE June 14,

RECESS No. 1491 By Mr. McCLATCHY The SPEAKER. Without objection, this House stands in re- A, ~~t making an appropriation to the hi h county cess until 1:30 p.m. The Chair hears none. Branch of the Pennsylvania Association for the ~linf. Referred to Committee on Appropriations. AFTER RECESS The time of recess having expired, the House was called to SENATE MESSAGE order. SENATE BILLS FOR CONCURRENCE The Senate presented the following hills for concurrence: HOUSE BILLS INTRODUCED AND REFERRED TO COMMITTEES SB61, PN61 No. 1486 By Messrs. DININNI and KOLTER Referred to Committee on Federal-State Relations. An Act amending the act of June 17,1976(P. L. 162, No. 81), SB284, PN 286 entitled "An act amending Title 75 (Vehicles) of the PennsyE vania Consolidated Statutes, adding revised, compiled and codi- Referred to Committee on Local Government. fied provisions relating to vehicles and pedestrians," further providing for the effective date of certain provisions. SB 285, PN 287 Referred to Committee on Transportation. Referred to Committee on Local Government. No. 1487 By Messrs. DOMBROWSKI, D. S. HAYES, SB 290, PN 293 DiCARLO, MUSTO, SCHMITT, SHUPNIK, WARGO, BOWSER, LETTERMAN, FEE, Referred to Committee on State Government. DeMEDIO, McCALL, RODGERS, PETRARCA and KOLTER I SB 372, PN 376 An Act amending "The Game Law," approved June 3, 1937 Referred tocommitteeon Judiciary' (P. L. 1225, No. 316), providing for a reduced license fee for certain disabled persons. SB 449, PN 460 Referred to Committee on Game and Fisheries. I Referred to Committee on Education, No. 1488 By Messrs. DOMBROWSKI, D. S. HAYES, I SB 535, PN 878 DiCARLO, RODGERS, MUSTO, SCHMITT, Referred to Committee on Local Government SHUPNIK. WARGO. McCALL. BOWSER. I SWIFT, LETTERMAN,FEE, D~MEDIO. ' I SB 543. PN 895 PETRARCA and KOLTER Referred to Committee on State Government An Act amending "The Fish Law of 1959," approved De- cember 15, 1959 (P. L. 1779, No. 6731, providing a reduced li- SB~OZ,pN634 cense fee for totally disahled persons. Referred to Committee on Game and Fisheries. Referred to Committee on Finance.

No. 1489 By Messrs. DOMBROWSKI, DiCARLO, SB 603, PN 635 RAPPAPORT, LETTERMAN, FEE, Referred to Committee on Local Government DeMEDIO, RODGERS, McCALL, KOLTER and PETRARCA SENATE MESSAGE An Act amending "The Controlled Substance, Drug, Device SENATE RESOLUTION FOR CONCURRENCE and Cosmetic Act," approved April 14,1972(P. L. 233, No. 64), requiring the labels on containers for prescription drugs to The Senate presented the following resolution for con- state the number of pills or capsules therein. currence: Referred to Committee on Health and Welfare. I SR212 No. 1490 By Mrs. CLARK, Messrs. TELEK, ZORD, Referred to Committee on Rules. GEIST, TRELLO, DIETZ, YAHNER, STEWART and HALVERSON REMARKS ON VOTES An Act amending the "Pennsylvania Election Code," ap- The SPEAKER, The Chair recognizes the gentleman from roved June 30, 1937 (P. L. 1333, No. 320), further providing for mileage for transportation when transmitting returns and Y0rk3Mr. Don. For what purpose does the gentleman rise? ballot boxes and harmonizing the language of existing amend- Mr. DORR. Mr. Speaker, apparently I was not recorded on ments. several bills on June 12. Had I been recorded on the following Referred to Committee on State Government. I bills, I would have voted in the affirmative: HB 485, HB 841 1979. LEGISLATIVE JOURNAL-HOUSE 1289 and the Piccola amendment thereto, and HB 914 and the Onthequestion, Pistella amendment thereto. Will the House agree to the motion? Thank you, Mr. Speaker. Motion was agreed to. The SPEAKER. The gentleman's remarks will he spread upon the record. The House proceeded to third consideration of HB 612, PN 663, entitled: CALENDAR BILLS ON THIRD CONSIDERATION An Act amending "The Liquid Fuels Tax Act," approved May 21, 1931 (P. L. 149, No. 105), further providing for the imposi- The House proceeded to third consideration of HB 610, PN tion, rateand disposition of the tax on liquid fuels. 661, entitled: On- -- the~~-~ ouestion. An Act amending the "Motor Carriers Road Tax Act." ap- Will the House agree to the hill on third consideration? proved June 19, 1964 (P. L. 7, No. 1). further providing for calculating the rate of tax and for the determination of average tax figures where records are unavailable. The SPEAKER. The Chair recognizes the majority leader. On the question, Mr. RYAN. Mr. Speaker, I move that HB 612 he rereferred to Will the House agree to the hill on third consideration? the Committee on Transportation. HB 610 RECOMMITTED On the question, Will the House agree to the motion? The SPEAKER. The Chair recognizes the majority leader. Motion was agreed to. Mr. RYAN. Mr. Speaker, I move that HB 610 he rereferred to the Committee on Transportation REMARKS ON VOTES On the question, The SPEAKER. The Chair recognizes the gentleman from Will the House agree to the motion? Delaware, Mr. Freind. For what purpose does the gentleman Motion was agreed to. rise? The House proceeded to third consideration of HB 609, PN Mr. FREIND. Mr Speaker, since I spent a delightful 4 hours 660... . , entitled.... . - .. . -. I on the Amtrak todav. I was not here. Had I been in my seat, I would have voted in the affirmative on HB 1031, HB 751 and An Act amending the "Fuel Use Tax Act," approved January 14, 1952 (1951 P. L. 1965. No. 550), further providing for the HB 654. Thank you, Mr. 'peaker. imuosition and rate of the tax. The SPEAKER. The gentleman's remarks will be spread upon I therecord. On the auestion..~~~, Will the House agree to the bill on third consideration? ADDRESS TO HOUSE HB 609 RECOMMITTED Mr. ZELLER, under unanimous consent, addressed the The SPEAKER. The Chair recognizes the majority leader. House. Mr. RYAN. Mr. Speaker, I niove that HB 609 he rereferred to Mr. ZELLER. Mr. Speaker, I thank you for the privilege of the Committee on Transportation. these few words. Ever since I have been a member of the Penn- sylvania House of Representatives, I have promoted our be- On the question, loved American Flag, and as an organizer and past president Will the House agree to the motion? for 10 years of the Emmaus Flag Day Association, and having Motion was agreed to. been honored last year on this day by the House of Representa- The House proceeded to third consideration of HB 611, p~ tives for theFreedoms Foundation Award on the subject of Old 662, entitled: Glory, I feel strongly that in order to continue this allegiance I and hieh resoect for our beautiful American Flap, since it rep- An Act amending the act of June 1, 1956 (1955 P. L. 1944% resentseverything we do in this experiment of government in No. 655), entitled "An act providing a permanent allocation of a America since 17763 we rise and Our young furls ~ ~~~ "art~ of~ the~~~~ fuels and liouids~~~ tax nroceeds to cities. hnr- .~ -~~- ~.~~~~--~ --~~~r-.-. . ~ ~ ~. ~--I oughs, incorporated towns and townships, for their road, street patriot and Representative, Kurt Zwikl, for making certain we and bridge purposes;"* ," further providing for distribution of do not fail to realize how fragile the of our system tax proceeds to municipalities. of government has been and how easy it would he for us to lose On the question, it if all concerned and good people did nothing to protect it. Will the House agree to the hill on third consideration? Mr. Zwikl placed in the rules, for the first time in this state's history, the Pledge of Allegiance to our beloved flag and all it HB 611 RECOMMITTED represents. For this we should commend him, and I would like The SPEAKER. The Chair recognizes the majority leader. at this time on our Flag Day to also thank our good Speaker, Mr. RYAN. Mr. Speaker, I move that HB 611 he rereferred to Jack Seltzer, for carrying through this rule, and I mean every the Committee on Transportation. day, and at this time commend our fine young Rrprt:st.ntative 1290 LEGISLATIW JOURNAL-HOUSE June 14, with a fine round of avolause for the iob hedid. Thank you verv I QUESTION OF INFORMATION . . v much, Mr. Speaker. The SPEAKER. The Chair recognizes the gentleman from Le- (Memhers applauded.) high, Mr. Ritter. For what purpose does the gentleman rise? Mr. RITTER. I rise to a question of information. PARLIAMENTARY INQUIRY The SPEAKER. The gentleman will state it. The SPEAKER. The Chair recognizes the gentleman from Al- Mr. RITTER. Mr. Speaker, I am a member of the Transporta- legheny, Mr. Cowell. For what purpose does the gentleman tion Committee. Could you tell me what the schedule on this rise? floor is going to he while the Transportation Committee is Mr. COWELL. I rise to a parliamentary inquiry. meeting? The SPEAKER. The gentleman will state it. The SPEAKER. There will be no rollcall votes taken while Mr. COWELL. Mr. Speaker, I understand that later this the committee is meeting. As I recall the rule of the House, we afternoon or sometime later today, there will be an adjourn- cannot take rollcall votes while a committee is meeting. ment motion made that would adjourn this House until 10 a.m. Mr. RITTER. I thank you, Mr. Speaker. on Monday morning of next week. It is also my understandmg The SPEAKER. For the information of the memhers of the that rule 15 of our House rules provides that the starting time House, the reason that we are standing at ease now is because for the first legislativeday of any week will he 1p.m. Will there at the last moment there was discovered an error in the amend- he a motion made later today to suspend rule 15 prior to the ment that we were about to consider to HB 404. It is currently consideration of the adjournment motion? being redrafted, and as soon as the amendment comes to the The SPEAKER. The gentleman is correct. floor and is circulated and the Committee on Transportation re- Mr. COWELL. And there will he a motion to suspend the turns to the floor, we will then he in position to consider the rules. amendment. The SPEAKER. The gentleman also, and the membership, should know that theHouse will be in session tomorrow also for REMARKS ON VOTES SUBMITTED FOR the movement of hills. There will be roll calls taken. THE RECORD Mr. COWELL. Mr. Speaker, if I might pursue that just a mo- ment, then do I understand that when we adjourn today, we The SPEAKER. The Chair recognizes the gentleman from Le- will simply he adjourning until tomorrow? high, Mr. Zeller. The SPEAKER. That is correct. Mr. ZELLER. Mr. Speaker, thank you. I would like to insert Mr. COWELL. And that the motion to adjourn until next for the record my comments concerning how I would have week will not be considered until tomorrow? voted yesterday if I had been here. The SPEAKER. It is the opinion of the Chair that the fair The SPEAKER. The gentleman will send his report to the and proper way would be to have the suspension of the rules to- desk. day so that the memhers would have an opportunity to vote on Mr. ZELLER presented the following statement for the Leg- the motion. islative Journal: Mr. COWELL I just wanted to be assured that we would HOUSE OF REPRESENTATIVES have an opportunity to consider that today when we have a COMMONWEALTH OF PENNSYLVANIA maximum number here, and, in fact, it will take 102 to suspend HARRISBURG the rules anvwav.. . Is that correct? I T...,o 1 A 1 070 TheSPEAKER. Will the gentleman repeat his last question? Honorable H. Jack Seltzer Mr. COWELL. It will take 102 members to vote to suspend I -y."..".q,,,k,,,f+h,,~~ -. ".."------the rules anyway so that we could come into session at 13am. Room 139, Main Capitol Building on Monday? I Harrirhurg. PA 1'7120 The SPEAKER. The gentleman is correct. It takes 102 "ayes" Dear Jack: to suspend the rules. As you know. I unfortunately had to he absent yesterday due to the death of my very close Cousin. Had I heeu here I would TRANSPORTATION COMMITTEE MEETING have voted in the negative on the Transportation Bill (Senate BillRill 498,498.--, Printer's- .... "-- - No.-No -. 930.)930- .- ., The SPEAKER. The Chair recognizes the gentleman from On House Bills 1335, Printer's No. 1497, House Bill 1336, Printer's No. 1498. and House Bill 300, Printer's No. 1520; had Dauphin, Mr. Dininni. I been here I would have voted in the affirmative. Mr. DININNI. Mr. Speaker, I rise to make an announcement. Thanking you for having this placed in the record. I am I would like to call a meeting of the Transportation Committee Resnectfullv. immediately up in room 401. JOSEPH R. ZELI.ER The SPEAKER. The gentleman from Dauphin, Mr. Dinulni, 1 Mcmhcr~~~~~~- has called for a meeting of the Committee on Transportation PS. As the Legislator who promoted and was,successful in immediately in room 401, and he asks that all the memhers of having American Family Week become a reality in Pennsylva- the Transportation Committee go there promptly, nia and the United States in1977 and 1978 I very happily sup- 1979. LEGISLATIVE JOURNAL-HOUSE 1291 port Representative Clifford Gray's Resolution to proclaim structures, reactor containment outer shells, reactor contain- Family Pride Week in Pennsylvania for the week of June24 to buildings, recovery tanks, solid waste June 30. Had I been present I would have voted in the affirma- ;=vessels, tive. area enclosures, prima

On the question, --from the tax hereby imposed: Will the House agree to the motion? (i) Easements or similar interests. Motion was agreed to. (ii) Railroad rights-of-way and superstructures thereon. On the auestion recurring (iii) Pole, transmission tower, pipe, rail or other lines, to-

Mr. RYANoffered the followingamendrnents: I tion of, such lines, whether or not said lines are attached to the land or to any structure, enclosure, machinery or equipment Amend Title, page 1,lines 11 and 12, by striking out both of said lines, and inserting including the Puhlic Utility tax in the which is physically affixed to the land, hut the exemption pro- code, further defining utility and imposing a surtax. vided by this clause shall not include or extend to any property Amend Sec. 1, page 1, line 15, by striking out "Section 204," used in the production or storage of the productor service and inserting The Amend Sec. 1, page 1, line 17, by striking out "a CLAUSE which is transported or distributed by, along or through any and inserting an article --such line. Amend Bill, page 2, lines 21 through 28, by striking out all of (4) "State taxable value." The cost of utility realty, less re- said lines, and inserting p--- serves for depreciation and depletion, as shown by the hooks of ARTICLE XI-A account of

each year thereafter, every public utility shall pay ment of Revenue, an additional amount of tax equal to the Treasurer, through the Department of Revenue, product of (1)such ratio and (2) the State taxable value shown -.rate of thirr). .-. n~ills. upol~h doll;ir i,ffhcSt:$tr r:!%)lr \.slut 111 its reporr r~,~lulrz~h~-pen 1 ll12-A~Tl1zpru\,~.;lona I)!' of it.; -.urilirv reolty at the. vnd of th~.prered~ne I :ll~.nd?r! / .er110~1102-Atv, . - sh;dI to~~r!$~t~on:(~~nt (b) Each such payment shall be accompanied by a report, I of tax. up~~lthuf the. -.ouner or rvsp~rnslhl~,uifi(:efiythe l>ulrlic .- I I - Llir uliliry of such ratio. and lo;al lasing ;iutht~ritvhe.ir tu tli~.& lox r~.r.t.~pts~l~>tr~rm~ned .- &lll 1n.t~~of such puhlir util~ry.\~~thin d;l?s I pu~r-- nt to subsi~ctiunta~,, thereafter, to pay to the State Treasurer, through the Depart- I (c) For the purpose of making such payment, the department 1979. LEGISLATIVE JOURNAL-HOUSE 1293 shall make requisition therefor in the manner prescribed by Department of Revenue has attributed plus another $60 mil- The Fiscal Code. 1 lion that is estimated that will still come in In addition the Section 1108-A. (a) Legislative Intent.-It is the legislative utility companies have decided to not pay the full 30-mill tax intent that the tax imposed by this act shall be in addition to since again the Supreme Court felt that the dams were not part any tax now or hereafter imposed upon the gross receipts of of machinery and equipment. Therefore, they are not paying utilities under the act of June 1, 1889 (p. L. 420, No. the full tax, and we are seeing revenues shorted here in June in 3321, and this act shall not he construed in any manner as to roughly another $50 million. constitute a replacement for or a repealer of the above cited act. We have proposed an amendment HB 404 that would bring hack to the Commonwealth these moneys that we feel (h) It is specifically declared as the legislative intent of the have been already owed to us. Thank you, Mr. Speaker. General Assembly that for purposes of imposition or nonim- position of tax herein, that this Article XI-A shall not he con- TheSPEAKER. TheChair recognizes theminority leader. strued or determined in any way by any court of record that Mr. IRVIS. Mr. Speaker, I have reviewed the situation as has the Appropriations Committee chairman, Mr. McClatchy. I concur in his conclusions and I will support the amendment. .jurhurity to t.tru;rnr. rllt. r.(x ;li,t.s.smt nl lt.~>t-rr.l:jting I,, indu-.- On rht que~tlonrcc.urrllli. n 1.q~. ;J- tri;il .llry cl,js;~f~,. :,[Inn under . $ut 11 < crllnry .I.;s,,..;nlc.nr I \\'ill thc Ht~lit.nyrt-~. to thv nrn~~~dmciirs'! beingu conformity with or in any way applicable to the utility realty tax assessment base as defined in this article. According- The following roll call was recorded: ly, whether or not puhlic utility property is subject to tax or is excluded from tax under this article shall he determined solely YEAS-98 by the application of the term "utility realty," as that term is Alden Freind Madigan Shupnik specifically defined by the General Assembly under section Anderson Gallen Manmiller Sieminski Armstrong Gannon McClatchy Sirianni 1101-A(4). Arty Geesey McVerrv Smith. E. Section 2. The act of March 10, 1970 (P. L. 168, No. 661, Belardi Geist Mirhlovic Smith, L. known as the "Public Utility Realty Tax Act," is repealed. Bittle Gladeck Micozzi~ Spencer Section 3. Nothing contained in this act shall he construed to Bowser Grieco Miller Spitz relieve any person, corporation or other entity from the filing Hrandt Gruppo Moehlmann Stairs returns or from any taxes, penalties or interest imposed by the Burd Hasay Mowery Swift provisions of any laws which were in effect prior to being re- Burns Hayes, D. S. Murphy Taddonio pealed by this act, or affect or terminate any petitions, investi- Cessar Hayes, S. E. Nahill Taylor, E. gations, prosecutions, legal or otherwise, or other proceedings Cimini Helfrick Nay? Trlrk pending under the provisions of any such laws or prevent the Clark. R. Honaman O'Rrien, D. Thomas commencement or further prosecution of any proceedings by Corndl Hutchinson. A. Perzel Vroan the pro er authorities of the Commonwealth for violation of Cunningham Hutchinson. W. Peterson Wagner any suc! laws or for the assessment, settlement, collection or Davits Irvis Piccola Wass recovery of taxes, enalties or interest due to the Common- UeVerter Johnson, E. I'itts Weidner wealth under an opthe laws which were in effect prior to he- Dietz Kanuck I'ott Weneer in repealed by t$is act. Dininni Klingamzm I'unt ~i~s;;n gection 4. This act shall take effect immediately and shall he Kn~ppw I'yles Wilt retroactive to January 1,1978. Lashinger Rocks Earley Lehr Ryan On the question, Fisher. 1). M Lrvi Schraff~r Will the House agree to the amendments? Foster. A. Lewis Scirica Srlt~er. Foster, W. Mackowski Scrafini Speaker The SPEAKER. The Chair recognizes the gentleman from Montgomery, Mr. McClatchy. Mr. McCLATCHY. Mr. Speaker, during the past week we learned of the financial impact of the 1977 Philadelphia Elec- Austin P'ischrr. R. R, 1,etturmsn Hieger tric court case which affected the revenues from the Public Barher Fryer Liveneood Hitter Utility Real EstateTax Act of 1970. Hrnnett Hromn Gatski ~andeiinr~ Salvatorr This act, Mr. Speaker, was passed in the amount of 30 mills Nrunnpr Grorpc, C. MrCnll Schmitt on the real estate of public utilities. There was a discussion at Caltagirone Gporg~,M. McKelvfy Srhwcdrr that time as to whether the exemption we provided the utilities Ceppahianca Gort~rl McMonngle Seventy Chess Goodman Milanovirh Shadding in this tax on machinery and equipment covered such things as Cinrrciillli Grnhonski Mrkonir Steighnrr dams and spillways. It was our contention that our tax did cov- Clark. 13. Gray Mullm. M. I' Stewart er such items as dams and spillways. Cochran Grrenfit.lii Must0 Stuban c:,,l,<,r, Harprr Novnk Swcct The Philadelphia Electric Company took this to court. The Cole Hopffrl OTirien. H. T;~ylor.F. Commonwealth won the case in Commonwealth Court, hut re- (:owell Itkin Olirrr Trello cently we losc it in the Supreme Court. Because of the loss of Illrw~da Johnsr,n. ,I. I'elrarra Wacholr 1)cMrdio .Jonc~s Pirvsky Wargo that court case, with which we disagree, refunds up until now IbM'erse Kernick I'islrlli~ Whitr have come in just recently amounting to $70 million that the L)i(:;ulo Knight l'ratt LVvi~l~t.Ll LEGISLATIVE JOURNAL-HOUSE June 14.

Domhrowski Kolter Pucriarelli Yalrnrr Bennett Dumas Letterman Rodgers Duffy Kowalyshyn Reed Zellpr Horski Fee I.ivenzo.ood Salvatore Dumas Kukovich Rhodcs Zitterman Rrown Fryer Lynch. E. R. Srhmitt Fee Laughlin Richardson Zwikl Rrunner Gnmhlr McCall Srhwedrr Caltagirone Gatski McMana~le Sevrnty Cappabianca George. C. Milanovich Shadding NOT VOTING-I7 Chess George. M. Mrkonic Steighncr Cianciulli Goehel Mullen, M. 1'. Stewart Beloff Gallagher Lynch, F. Rappaport Clark. H. Goodman Musto Stuhan Herson Giammarn McIntyr~ Street Cocllran Grabowski Nnvsik Taylor. F. Borski Helverson O'Dannell Williams Cohen Gray Oliver Trellu Coslett Levin Polite Wright, J. L Cole Greenfidd Pirvskv Wachoh Donatucci Cow*li Harper Pistella Warao The question was determined in the affirmative, and the Uawida Horffel Pratt White DeMedio Johnson. J Pucciaralli Wright, II amendments were agreed to. DeWeese Jonrs Reed Yzhnw DiCarlu K~rnick Khodes Zeller On the question, 1)omhrowski Knight Richardson Zwikl Will the House agree to the hill as amended on third consid- eration? I NOT VOTIN(:-17 Bill as amended was agreed to. Brloff Ginmmarco Lynch. F. 1tapp;rport Herson Halverson Mclntyre Strr~t REMARKS ON VOTE Coslett Itkin O'Donnrll Williams Donatucci Lrvin Polite Wright, J. I, The SPEAKER. The Chair recognizes the gentleman from Gallagher Luzerne, Mr. Coslett. For what purpose does the gentleman The majority required by the Constitution having voted in rise? the affirmative, the question was determined in the affirma- Mr. COSLETT Mr. Speaker, I would like to he recorded in the tive. negative on the Ryan amendment to HB404. Ordered, That the clerk present the same to the Senate for The SPEAKER. The gentleman's remarks will be spread upon concurrence. the record. The SPEAKER. This hill has been considered on three differ- ent days and agreed to and is now on final passage. 1 REMARKS ON VOTES The question is, shall the bill pass finally? The SPEAKER. The Chair recognizes the gentleman from Luzerne, Mr. Coslett. For what purpose does the gentleman Agreeable to the provision of the Constitution, the yeas and rise? nays will now he taken. Mr. COSLETT. Mr. Speaker. I would like to he recorded in the negative on HB 404. The SPEAKER. The gentleman's remarks will he spread upon Aldfn Gnnnun hlanmiller Shupnik Anderson Gees~y McCIatrhv Sirminski the record. Armstrong (;pist McKelvr.~ Sirinnni Arty Gladerk McVerry Smith. 1.:. The Chair recognizes the gentleman from Berks, Mr. Gallen. Brlardi (;riwo hliohlovir Smith. I,. For what purpose does the gentleman rise? Hittl~ CTruppo Mirorzi~ Spmcer Mr. GALLEN. Mr. Speaker, through inadvertence I voted in Bowser Hasey Miller Spitz Brandt Hayes. I). S. Moehlnrann Stairs the affirmative on HB 404. I would like to he recorded in the Burd Hilyrs.S. E. Mow~ry Swert negative. Burns I lclfrirk Murphy Swift The SPEAKER. The gentleman's remarks will he spread upon Cessar tlnnnman Nahill Taddonir, Cimini Hutchinsan. A. 'Taylor. E. the record. Clark. R. Hutchinson. W. 'Trlrk Currlell lrris 'Thonras The Chair recognizes the gentleman from Allegheny, Mr. Cunningham .Johnson. 1.:. Vnxm Itkin. For what purpose does the gentleman rise? Davies Kanurk W;~gnrr Mr. ITKIN. Mr. Speaker, I was out of my seat on the final DeVprtpr Klingsman Wass IIirtz Knepper W'eidner passage of HB 404, and I would like my vote to he recorded in Dininni Kolt~r LVenger the negative. Durham Kukovich Wilsim The SPEAKER. The gentleman's remarks will be spread upon Earlry 1,ashinger Wilt Fischer, H. R. I.rhr Yohn the record. Fisher, 1). M. Levi %ittc,rmiln Foster, A. Lewis Zor,l CALENDAR BILL ON THIRD CONSIDERATION Poster, W. M;jr:kowski I Freind Madigan Svltzrr, The House proceeded to third consideration of HB 586, PN Galltln Mandrrino Sprnk~r 1126, entitled: An Act amending the "Public School Code of 1949,"approved Austin Ikrr Kuwaiyshyn Rirgi.~ March 10, 1949 (P. L. 30, No. 14). further providing for the Harhrr 1)uffv l~~~ugl~lir~ Kittrr suspension and expulsion of pupils. LEGISLATIVE JOURNAL-HOUSE

On the question. The majority required by the Constitution having voted in Will the House agree to the hill on third consideration? the affirmative, the question was determined in the affirma- Bill wasagreed to. tive. Ordered, That the clerk present the same to the Senate for The SPEAKER. This hill has been considered on three differ conrurrence. ent days and agreed to and is now on final passage. - I The question is, shall the hill pass finally? REMARKS ON VOTES Agreeable to the provision of the Constitution, the yeas anc nays will now he taken. The SPEAKER. The Chair recognizes the gentleman from YEAS-183 Lackawanna, Mr. Wargo. Mr. WARGO. Mr. Speaker, my switch is locked in the nega- Alden Fisher. U. M. Lewis Ryan tive position. I wish to be recorded in the affirmative on HB Anderson Foster. A. Livengood Salv;ltnre Armstrong Foster. W. Lynch. E. R. Schi,;ifft~ 586. Arty Frrind Markowski Schmitt Austin Fryrr Madigan Schwrdrr The SPEAKER. The Chair recognizes the gentleman from Rarhrr Gallfn Manderino Scirica Philadelphia, Mr. McMonagle. Hrlardi Gemhle Manmiller Serafini Mr. McMONAGLE. My switch was locked also. I would like Bennett Gatski McCaII Seventy Rittle Grrsey McClstrhy Shadding to he recorded in the affirmative on HB 586. Rorski Geist McKrlvfy Shupnik The SPEAKER. The remarks of the gentlemen will he spread Buwser George. C. McVrrry Sirminskl upon the record. Brandt Georgr, M. Michlnvic Sirianni Brown Glad~rk Micozzir Smith. E. The Chair recognizes the gentleman from Lehigh, Mr. Zeller. Hrunner Goehrl Milanovich Smith. L. Burd Goodman Miller Spencer Mr. ZELLER. Mr. Speaker, I say this with respect to you, but Burns Orahonski Moehlnrann Spitz this is a problem we run into, and I do not have the problem Caltsgirone Gr;v Mowery Stairs with you or anyone; I have the problem with the Fourth Estate. Ceppahianra Greenfield Mrkonir Strighner Cessar Gruppu Mullen, M. P. Strnart Now here is a condition of an example that happened to me last Chess Harper Murphy Stuhan session, and these gentlemen will be reported by the press as Cianriulli Hssay Musto Swe~t voting "no." I just want to remind the gentlemen of what that Cimini Haves. D. S. Nahill~ ~~~~~ Swift Clark, R. Hayes. S. E. Novak Taddonio gang does to you. Okay? Clark, R. Heifrick Noyr Taylor, P:. (:ochrari Hurffel O'Hrirn, B. Taylor, F. Cuhen Honamalr O'Brien. D. Tel~k I BILL REPORTED FROM COMMITTEE (:ole Hutchinson, A. Oliver 'Thomas Cornell Hutchinson. U'. Prr~rl Trrllo The SPEAKER. The Chair recognizes the majority leader. Coslrtt Irvis Prtersrm Vroon Mr. RYAN. Mr. Speaker, I wish to report SR 212 from the Cowell - ~~~~~...Wzigner Rules Committee, and, Mr. Speaker, after it is read, I would ask Cunningham .Johnson, E. I'iccoln LVass Davies Johnson. J. Pievsky Weidner that the rules be suspended so that it may be immediately 1)awida Jones I'istella Wenyer adopted. 1)eMrdio Kanuck I'itts \mite DrVerter Kernirk T'ott Wilson II?W?~S? Klingarnan Pratt Wilt RULES SUSPENDED TO CONSIDER Di(:ark, Knrlrprr I'ucciarelli Wright, I) SR 212 IMMEDIATELY Ilietz Knieht Punt Yahner I Llininni Kulier Pyles Yohn The SPEAKER. The gentleman from Delaware, Mr. Ryan, Ilombrowski Knwalyshyn Rwd Zcller moves that the rules be suspended for the immediate considera- Ilorr Kukovirh Khodes Zitterman tionof SR212. Duffy Lashinger Richardson Zord 1)umss Laughlili Rieger Zwikl On the question, Durham Leht. Kitter Earley I.cttrrnman Hocks Seltzer. Will the Houseagree to themotion? Fec I.rri Rudgers S~eaker Fisrher. R. K I (Members proceeded to vote.) Mr. RYAN. Mr. Speaker, I have been requested to give an ex- planation of this resolution. Could you strike the vote? The SPEAKER. The Chair recognizes the gentleman from Philadelphia, Mr. Richardson. For what purpose does the gentleman rise? Giammano MrIntyre Rappaport Mr. RICHARDSON. Mr. Speaker, I think that it would only Grirro MrMonaglr Strrrt he proper, being that the switch of Mr. Wargo is locked in the llnlrrrson 0':)onnell LC'illiarns I.rvin Politr Wright, .I. L negative position, that he be recorded the way he wants to he Lynch. ,4'. recorded on the regular master roll that is being taken LEGISLATIVE JOURNAL-HOUSE June 14,

The SPEAKER. The gentleman, Mr. Wargo, wishes to be re- The question was determined in the affirmative, and the mo- corded in the affirmative? tion was agreed to. Mr. WARGO. Yes, Mr. Speaker, not only on the record but on SR 212 READ. CONSIDERED AND CONCURRED IN the real record. The SPEAKER. The Chair recognizes the majority leader On the question recurring, Mr. RYAN. Mr. Speaker, IcallupSR 212. Will the House agree to the motion? The SPEAKER. The clerk will read the resolution. The following roll call was recorded: I The following resolution was read by the clerk: In the Senate, WHEREAS, The General Assembly is at this time consider- Alden F0ster.A. Levi Ritter ing a Motor License Fund budget; and Armstrong Foster. W. Lewis Rocks WHEREAS, $11,500,000 of Appalachian Development High- Arty Freind Livengwd Rodgers way Funds presently allocated to Pennsylvania may be perma- Austin Fryer Lynch,E. R. Ryan nently reallocated to other states on June 15, 1979 because the Barber Gallagher Mackawski Salvatore Commonwealth has not indicated an intention to provide State Belardi Gamble Madigan Scheaffer funds to match the Appalachian Development Highway Funds; Bennett Gannon Manderino Schmitt and Bittle Gatski Manmiller Schweder WHEREAS, Such reallocation would do significant damage Borski Geesey McCall Scirica to efforts toward revitalization within the Appalachian.. district Bawser Geist MeClatchy Serafini In Pmnsylvdnia: and thrre7fon. be it Brandt George, C. MeIntyre Seventy RESOI.VI.:I) (~hrllousv of Rrl~r+,s~mt;rti\.~jI oncurring). That

Brown George, M. McKelvey Shadding the~ ~-~ General Aea.mbl\. of I'ennsvlvani3 does intend to nrov~dt.n

~~~~~~~~~~~ ~ ~ ~~~~ ~ ~~ Brunner Giammarco McMonagle Shupnik minimum of %2.750.000asmnt~hine-~~fundsfor ~~ the~li500.000 Burd Gladeck McVerry Sieminski oiAp ~~l;~~~h~;inDcvclopmentIIighn.,iy Funds. angl fuiihrr Burns Gwbel Michlovic Sirianni I~E~OI.\'ED.Th.11 the (;enrr;jl Aiitmltl nqurjts the Ap- Caltaguane Goodman Micozzie Smith. E. palachia Region:~l(:ot~~misston t~ drfvr rt,nhocatton of th, Ap- Cappabianca Grabowski Milanovich Spitz palachian Development Highway Funds; and be it further Cessar Gray Miller Stairs RESOLVED, That copies of this Resolution be forwarded to Chess Greenfield Moehlmann Steighner the An~alachiaReeional Commission, the Governor. the Secre- Cianeiulli Grieca Mowery Stewart tary df'Transporta$on, and the Secretary of Commerce. Cimini Gruppo Mrkonic Stuban Clark. B. Halverson Mullen,M. P. Sweet On the question, Clark, R. Harper Murphy Swift Will the House concur in the resolution of the Senate? Cochran Hasay Musto Taddonio Cohen Hayes,D. S. Nahill Taylor, E. The SPEAKER. The Chair recognizes the majority leader. Cole Hayes, S. E. Novak Taylor, F. Mr. RYAN. Mr. Speaker, SR212, in brief, is a joint request of Cornell Helfrick Noye Telek Coslett Hoeffel O'Brien, B. Thomas the General Assembly, requesting the Appalachia Regional Cunningham Honaman O'Brien, D. Trello Commission to defer reallocation of Appalachian Development Davies Hutchinson, A. Oliver Vraon Highway Funds. It is suggesting to them that the House and Dawida Hutchinson. W. Perzel Wachob DeMedio Irvis Peterson Wagner the Senate intend to provide a minimum of $2,750,000 as DeVerter Johnson, E. Petrarca Wargo matching funds for the $11,500,000 of Appalachian Develop- DeWeere Johnson, d. Piccola Wass ment Highway Funds that we would otherwise lose. DiCarla Jones Pievsky Weidner Dietz Kanuck Pistella Wenger I would ask that it he immediately adopted and sent on to the Dininni Klingaman Pitts White Appalachia Regional Commission. Dombrowski Knepper Pott Wilson Dorr Knight Pratt Wilt On the question recurring, Duffy Kolter Pucciarelli Wright. D Will the House concur in the resolution of the Senate? Dumas Kowalyshyn Punt Yahner Durham Kukovich Pyles Yahn The following roll call was recorded: Earley Lashinger Reed Zeller Fee Laughlin Rhodes Zitterman Fiscber. R. R. Lehr Richardson Zord Fisher. D. M. Letterman Rieger Zwikl Alden Faster. A. Livengood Salvatore Anderson Foster, W. Lynch. E. R. Scheaffer Armstrong Freind Mackawski Schmitt Arty Fryer Madigan Schweder Austin Gallen Manderino Scirica Itkin Kernick Barber Gamble Manmiller Serafini Belardi Gatski McCall Seventy Bennett Geesey McClatchy Shadding NOT VOTING-16 Bittle Geist McKelvey Shupnik Borski Georre, C. McMonagle Sieminski Anderson Levin Smith. L. Wright, J. L. Bowser George, M. McVerry Sirianni Behff Lynch.F. Spencer Brandt Gindeck Michlovic Smith. E. Berson O'Donnell Street Seltzer, Brawn Goebel Micozcie Smith, L. Donatucci Polite Williams Speaker Brunner Goodmatl Milanovich Spencer Gallen Rappaport Burd Grabowski Miller Spitz LEGISLATIVE JOURNAL-HOUSE

Burns Gray Moehlmann Stairs BILL REPORTED FROM COMMITTEE, Caltagirone Greenfield Mowery Steighner CONSIDERED FIRST TIME, Cessar Grieco Mrkonic Stewart Chess Gruppo Mullen, M. P Stuban AND PLACED ON CALENDAR Cianciulli Harper Murphy Swert Cimini Rasay Musto Swift HB 613, PN 1746 (Amended) By Mr. MICOZZIE Clark, R. Haves. D. S. Nahill Taddonio An Act amending Title 75 (Vehicles) of the Pennsylvania Clark, R. H& S. E. Novak Taylor,E. Consolidated Statutes, changing certain truck and truck trac- Cochran Helfrick Noye Taylor, F. tor registration fees, further providing for the weights of ve- Cohen Hoeffel O'Rrien, B. Telek hicles, and changing certain penalties. Cole Honaman O'Brien, D. Thomas Cornell Hutchinson. A. Oliver Trello Transportation Coslett 13utrhinson. W. Perzel Vnmn Cowell Irvis Peterson Wachob Cunningham Itkin Petrarca Wagner BILLS REREPORTED FROM COMMITTEE Uavies Johnson, E. Pieeola Wargo HB 609, PN 1743(Amended) By Mr. MICOZZIE Dawida Johnson. J. Pirvsky Wass DeMedio Jones Pistella Weidner DeVerter Kanuck Pitts Wenger DeWeese Kernick Patt White imposition and rate of the tax DiCarlo Klingaman Pratt Wllson Dietz Knepper Pueeiar*Ui Wllt Rereported from Committee on Transportation Dinlnni Knight Punt Wrleht. D Dombrowski Kolter Pgles HB 611, PN 1744 (Amended) By Mr. MICOZZIE Darr Kowalyshyn Reed Kukovich Rhdes An Act amending the act of June 1. 1956 (1955 P. L. 1944, Duffy No. 655), entitled "An act providing a permanent allocation of a Ilumas Lashinger Richardson Zitterman Durham Laughlin Hieger Zord part of the fuels and liquids fuels tax proceeds to cities, bor- Zwikl oughs, incorporated towns and townships, for their road, street Earley Lehr Hitter and bridge purposes;"'," further providing for distnbution,of Fee Letterman Rocks tax proceeds to municipalities for the use of the tax for dram- Fischer, K. K. Levi Hodgers Seltzer, Fisher, n. M. I,ewis Ryan S~eaker age purposes. Rer~portedfrom Committee on Transportation

HB 612, PN 1745(Amended) By Mr. MICOZZIE NOT VOTING-17 An Act amending the act of May 21, 1931 (P. L. 149, No. 105). entitled, as amended, "An act imposing a State tax, paya- Reloff Gannon Lynch.F. Rappaport ble by those herein defined as distrihutors, on 11qu1d fuels used Rerson Giammarco McIntyre Street or sold and delivered within the Commonwealth, which are Cappabianca Halverson O'Donnrll Williams practically, and commercially suitable for use in internal com- Donatucci Levin Polite Wright, J. I, hustion engines for the generation of power; providing for the Gallagher collection and lien of the tax, and the distribution and use of the proceeds thereof; requiring such distributors to secure per- mits, to file corporate surety bonds and reports, and to retain The question was determined in the affirmative, and the certain records; imposing duties on retail dealers, common car- resolution was adopted. riers, county commissioners, and such distrihutors; providing for rewards; imposing certain costs on counties; conferring powers and imposing duties on certain State officers and de- SPONSORS ADDED AND DELETED partments; providing for refunds; imposingpenaltjes; and,mak- ing an appropriation," further providing or the tmposit~on, The SPEAKER. The Chair recognizes the majority leader. rate and disposition of the tax on liquid fuels and making cer- Mr. RYAN. Mr. Speaker, I would like to submit the following tain repeals. list of additions and deletions from sponsorship of hills, in ac- Rereported from Committee on Transportation. cordance with our present rules: RULES SUSPENDED TO PLACE HB 613 Additions: I ONCALENDAR HR 87, Gamhle: HH 1428, Gamble; HB 1429, Gamhle; HB The SPEAKER. The Chair recognizes the gentleman from 1430. Gamble; HB 281. Sirianni; HB 420, McVerry; HB 421, Delaware, Mr. Micozzie. McVerry; HR 19, Reed; HB 1348, Alden: HR 1473, McVerry; HB 1473, Taylor, E. Z.; HR 1473, Halverson; HB 1473, Mr. MICOZZIE. Mr. Speaker, I move that rule 22 be sus- Knepper; HR 92, Kernick and McMonagle. pended in order that HBs 613, 609, 611 and 612 can go on tomorrow's calendar. D~lrtions: HR 98. Scheaffer; HR 98, Mowery: HH 1251, Musto: IIR On the question. 1251, Domhrowski: IIR 1251, Livengood: HB 404. Llorr; IIB Will the House agree to the motion? 1104. Dawida: HB 1105. Ilawida: HR 1251. Halverson: HH 1251. Corhran. I The following roll call was recorded: 1298 LEGIsLA'I'WE JOURNAL-HOUSE June 14.

YEAS-178 which HB 586 was passed on the 14th day of June be recon- Alden Freind I,ynch, E. R. Scheaffer sidered. Anderson Fryer Mackowski Schmitt Armstrong Gallpn Madigan Schweder The SPEAKER. The Chair recognizes the gentleman from Arty Gamble Manderino Scirica Lackawanna, Mr. Wargo. Austin Gannon Manmiller Serafini Mr. WARGO. I second themotion. Barber Gatski McCall Seventy Relardi Gersey McClatchy Shadding The SPEAKER. It has been moved by the gentleman from Bennett Geist McKelvey Shupnik Philadelphia, Mr. McMonagle, and seconded by the gentleman Bittle George, C. McMonagle Sieminski from Lackawanna, Mr. Wargo, that the vote by wh~chHB 586 Bowser George, M. McVerry Sirianni Brandt Gladeck Michlovic Smith, E. was passed on the 14th day of June he reconsidered. Brown Gaebel Micazzie Smith, L. Brunner Goodman Milanavich Spencer On the question, Burd Grabowski Miller Spitz Will the House agree to the motion? Burns Gray Maehlmann Stairs Caltagirone Greenfield Mowery Steighner The following roll call was recorded: Cessar Grirro Mrkonir Stewart Chess Gruppo Mullen. M. P. Stuban Cianciulli Harper Murphy Sweet YEAS-186 Cimini Hasay Mush Swift Alden Fisher.D. M. Lewis Salvatore Clark, B. Hayes, D. S. Nahill Taddanio A. 1.iv~ngood Seheaffrr Clark. H. Hayes, S. E. Novak Taylor. E. Anderson Foster, Corhran Helfrick Noye Taylor, F. Armstrong Faster. W. Lynch, E. R. Schmitt Arty Freind Mackowski Schwedrr Cohen Hoeffei O'Brien. R. Telek Austin Fryer Madigan Sciriea Cole Honaman O'Brien. I). Thomas Rarber Gallen Manderino Serafini Carnell Hutchinson.A. Oliver Vroon Coslett Hutchinson, W. Perzpl Wachob R~lardi Gamblp Manmiller Seventy Bennett Gennon MeCsll Shadding Cunningham Irvis Peterson Wagner Bittle Gatski McClatrhy Shupnik Davies ltkin Petrarca Wargo Rorski Geesey McK~1vt.y Sieminski Dawida Johnson, E. Pircola Wass Bowser Geist McMonagle Slrianni DeMedio Johnson..l. Pievsky Weidner Brandt George, C. McVrrry Smith, E. DeVerter Jones Pistella W~nger Brown George, M. Michlovic Smith, L. DiCarlo Kanuck Pitts White Brunner Gladeck Micozzie Spfncer Dietz Klingeman Pott Wilson Burd Goodman Miianovich Spitz Dininni Knepper Pratt Wilt Dambrowski Knight Pucciarelli Wright.D. Burns Grahowski Miller Stairs Caltagirone Gray Moehlmann Strighnrr Dorr Kolter Punt Yahner Cappabianra Grrenfirld Mowery Stewart, Duffy Kowalyshyn Pyles Yohn Mrkunic Stuhan Dumas Kukovich Heed Zeller Cessar Griecu Mullen, M. P. Sweet Durham Lashinger Chess Gruppo Rieger Zitt~rman Cianriulli Murphy Swift Earley 1,ehr Ritter Zord Harper Cimini Hasay Musto Taddonio Fee Letterman Rocks Zwikl Clark. Haypa, D. Nahill Taylor. E. Fisher, D. M. 1,evi Kodgers B. S. Clark, R. Hayes. S. E. Novek Taylor. F. Foster, A. 1,ewis Ryan Seltxr, Helfrick Noye Tplek Foster, W. Livrngoud Speaker Salvatorr E~i:y Ho~ffpl O'Brirn. B. Thomas Colr Ilonaman O'Brien, D. Trello Cornell Hutchinson. A. Olivpr Vroon NAYS-7 Coslett Hutchinson. W. Perzel Warhob CoweU Irvis Prtcrson Wagner Borski DeWeese 1.aughlin Trrllo Cunningham ltkin Petrarca War go Fischer, R. K. Kernirk Richardson Davirs Johnson. E. Pica,la Wsss Dawida Johnson, .I. I'icvsky Weidnrr DeMedio Jones Pistella Wenger DeVerter Kanuck Pitts White NOT VOTING-18 DeWeese Kernick Pott Wilson DiCarlo Klingaman Pr;itt Wilt, Reloff Gallagher Mclntyre Rhades Dietz Knppprr I'ucciareUi Wright. I). Berson Giammarco O'DonneU Street Dininni Knight I'unt Yahncr Cappabianca- Halverson Polite Williams nombrowski Koltpr Pyles Ycrhn Coarll Levin Happaport Wright. .I. L. Dorr Kowaiyshyn Reed Zrllcr Donatucri Lynch. F. nuffy Kukovirh Richardson Zitt~rman Dumas 1.nshinger Riry~r Zord The question was determined in the affirmative, and the mo- Durham 1,suphlin [titter Zwikl Earley I,ehr Hocks tion was agreed to. Fee Letterman Rorlgrrs Seltzer. Fisrh~r.R. R. Levi Ryan Sprakrr The SPEAKER. HB 613 will beon tomorrow's calendar. NAYS-1 HB 586 RECONSIDERED lhehel The SPEAKER. The Chair recognizes the gentleman from Philadelphia, Mr. McMonagle. NOT VOTING-16 Mr. McMONAGLE. Mr. Speaker, I move that the vote by RC,IO~~ Giammarco McIntyre Khod~s LEGISLATIVE JOURNAL-HOUSE

Berson Halverson O'Donnell Strpet 'he majority rrquired by the Constitution having voted in Donatucci Lrvin Polite Williams the affirmative, the question was determined in thc affirma- Gallagher I.ynch, F. Rappaport Wright.. d. L. Live. Ordered, That the clerk present thc same to the Senate for The question was determined in the affirmative, and thr mo con<:urrence. tion was agrc~dtr,. On the question recurring, I UNCONTESTED CALENDAR Shall the bill pass finally? Agreeable to the provision of the Constitution, the yt:as and nays will nou,he takrn. The SPEAKER. The Chair recognizes the majority leader. Mr. RYAN. Mr. Speaker, I move that HB 420 and HB 421 he recommitted to the Committee on Appropriations.

Alden Foster, A. Livengood Saheaffer On the question, Anderson Fostrr, W. Lynrh.E. R. Schmitt Will the House agree to the motion? Armstrong Freind Mackowski Schweder Arty Fryer Madigan Scirica Motion was agreed to. Austin Gallen Manderino Serafini Barber Gamhle Manmiller Sevrnty The following bills, having been called up by Mr. RYAN, were Belardi Gannon McCall Shadding considered for the second time and agreed to, and ordered Bennett Gatski McClatchy Shupnik transcribed for third consideration: Bittle Gwsry McKclvey Sirminski Borski Geist, McMonagle Sirianni HB 1475, PN 1707;and HB 596, PN 1518. Bowser G~orge,C. McVerry Smith, E. I Rrandt George, M. Michlovic Smith, I,. Brown Gladeck Mieozzie Spmcrr RULES SUSPENDED TO CONSIDER RESOLUTION Hrunner Goebel Milanovich Spitz II I3urd Goodman Miller Stairs The SPEAKER. The Chair recognizes the majority leader. Burns Grahowski Moehhann Steighner Mr. RYAN. Mr. Speaker, at this time I wouid move that the Gray Mawery Stewart Caltagirone I rules of the House he suspended to permit consideration of a Cappahianca Greenfield Mrkonic Stuban Cessar Griecu Mullen, M. P. Sweet I resolution that will call us into session at 10 a.m. on Monday, Chpss Gruppo Murphy Swift prevailing time, instead of 1 p.m. Monday. Cianciuili Harper Must0 Taddonio It would he our intention, Mr. Speaker, if the rules are sus- Cimini Hasay Nahill Tay1or.E. Clark. R. Hayes. D. S. Novak Taylor. F. pended and the resolution adopted, that we would come into Clark, R. Hayes, S. E. Noye Tclek session at 10 o'clock, that we would expect the Speaker to move Cochran Heifrick O'Brien, B. Thomas the oridinary business of the floor, that is, advance hills, take Cohen Horffrl O'Brien, D. Trello Colr Honaman Perzel Vroon reports of committees, and the like, and that there would he no Cornell Hutchinson. W. Peterson Wachob master roll call or any other rollcall vote taken until noon. With ~~ ~ - ~~~~~~~ that understanding, Mr. Speaker, I would at this time request Cowell Itkin Piccola ~abo Cunningham Johnson, E. Pievsky Wass the House to vote affirmatively on the suspension of the rules Davies Johnson, J. Pistella Weidn~r and then subsequently on the adoption of the resolution calling Dawida Joncs Pitts Wrnger for the House to come into session at 10 on Monday. DeMedio Kanuck Pott White DrV~rtpr Krrnick Pratt Wilson On the question, D~Wefsr Klineamarr Puccisrelli Wilt Knepper Punt Wright. D. Will the House agree to the motion? Dirtz Knight Pylrs Yahner Dininni Koltrr Reed Yohn The following roll call was recorded: Uombrowski Kowalyshyn Richardson Zeller Durr Kukovich Ripgrr Zitterman Duffy Lashingrr Kittrr Zord Durham Laughlin K~:ks Zwikl Ear lev Lrhr Rodgers Alden Freind Lynch, E. R. Schmitt Lettrrmen Ryan Seltzer, Anderson Fryer Mackowski Schweder Fischer. R. R. Levi Salvatore Speaker Armstrong Gallen Madigan Sciriea Fisher. D. M. l.ewis Arty Gannon Manderina Serafini Barher Gatski Manmiller Seventy Belardi Geesey McCall Shadding Bennett Geist McClatehy Shupnik Bittle George, C. McKelvey Sieminski Rorski George. M. McMonagle Sirianni NOT VOTING-19 Bowser Gladeck McVrrry Smith. E. Brandt Goebel Michlovic Smith, L. Beloff Giammarco McIntyre Khodes Rrunner Goodman Micozzie Spencer Rrrsnn Halvprson O'Donnull Street Rurd Grabowski Miller Spitz Donatucci Hutchinson. A. Oliver Williams Rurns Gray Moehhann Stairs Dumas Levin Polite Wright. J. 1.. Caltagirone Greenfield Mowery Steighner Gallagher Lynrh. F. Rappaport Cappahianca Grieco Mullen. M. P. Stewart 1300 LEGISLATIVE JOURNAL-HOUSE June 14,

Cessar Gruppo Murphy Stuban today reported out of the Transportation Committee that are Cianciulli Hasay Mush Sweet Cimini Hayes.D. S. Nahill Swift going to he read on second reading tomorrow and undoutedly- Clark. B. Hayes, S. E. Noye Taddanio First? Clark. R. Helfrick O'Brien. D. Taylor. E. The SPEAKER. For the information of the gentleman, all of Cochran Hoeffel Perzel Taylor, F. Cole Honaman Peterson Telek the bills that came out of committee as amended will be on Cornell Hutchinson, A. Petrarca Thomas third reading, the same position they were when they went in, Coslett Hutchinson. W. Piceola Vrwn except one. The Chair tomorrow will have only one bill to move Cunningham Irvis Pievsky Wachob Davies Itkin Pistella Wagner from second to third. DeMedio Johnson, E. Pitts Wargo Mr. LAUGHLIN. That is the bill I was speaking of, Mr. DeVerter Jones Pott Wass Speaker. The bill that I am speaking of will he on first con- DeWeese Kanuck Pratt Weidner DiCarlo Klingaman Pueeiarelli Wenger sideration tomorrow? Correct? Dietz Knepper Punt Wilt The SPEAKER. Second consideration tomorrow. Dininni Knight Pyles Yohn Mr. LAUGHLIN Second tornorrow. And on Monday, third, Dorr Kolter Reed Zeller Duffy Kowalyshyn Rhodes Zitterman Mr. Speaker, at 10o'clock in the morning? Durham Lashinger Rieger Zord Mr. Speaker, we need a fiscal note on a hill on second con- Fee Laughlin Ritter Zwikl sideration, I believe, according to the rules. Would we not then Fischer, R. R Lehr Rocks Fisher, D. M. 1,etterman Ryan Seltzer, have to have a fiscal note on that particular piece of legislation Foster. A. Levi Salvatore Speaker prior to moving it on Monday? For that reason, Mr. Speaker, I Foster, W. Lewis Scheaffer rose to ask the question before I vote on the resolution. Mr. RYAN. I think that is a question more properly ad- dressed to the Chair. That is a rule on parliamentary procedure. Mr. LAUGHLIN. Fine. Mr. S~eaker.We will address the Austin Gamble Milanovich Rodgers Chair. Brown Harper Mrkonic Trello The SPEAKER. Will the gentleman, Mr. Laughlin, identify Chess Johnson, J. Novak White the hill that he is referring to? Cohen Kernick 0'Brien.B. TXT;I--..,...="., Cowell Kukovieh Oliver Wrieht.D. I Mr. LAUGHLIN. Mr. Speaker, it is HB 613, the bill that car- Dawida Livengwd Richardson ah& ries with it the funding for the increased trucks and increased Dombrowski I weiehts. Mr. RYAN. Mr. Speaker, it is my understanding-and I am NOT VOTING-17 not trying to do your job, as much as I would like to have Beloff Gallapher Lynch,F. Rappaport it-that rule 19(a) of the rules requires a fiscal note if we are Berson Giammarca McIntyre Street Donatucci Halverson O'DonneU Williams spending, but a bill that is a revenue-raising measure does not Dumas Levin Polite Wright, J. L. require a fiscal note, and I do not believe that we have that Earley problem, Mr. Speaker. The SPEAKER. The Chair is of the opinion that he would not The question was determined in the affirmative, and the mo- like to argue with someone who is after his seat. It is the tion was agreed to. opinion of the Chair that the majority leader was correct in his response to the gentleman from Beaver, Mr. Laughlin. RESOLUTION ADOPTED Does the lady from Allegheny, Mrs. Kernick, wish to be The SPEAKER. The Chair recognizes the majority leader. recognized? Mr. RYAN. Mr. Speaker, I offer the following resolution for Mrs. KERNICK. Yes, I do, Mr. Speaker, on theresolution. consideration by the House: (Reading:) The SPEAKER. The lady is in order and may proceed. Mrs. KERNICK. I would like to interrogate the majority RESOLVED, That when the House of Representa- leader, tives convenes on Monday, June 18, 1979, it do so at 10:00 A.M. prevailing time instead of P.M. pre. The SPEAKER. The gentleman, Mr. Ryan, indicates that he vailing time. will stand for interrogation. The lady may proceed. Mrs. KERNICK. Mr. Speaker, what are the plans for Mon- On the question, day? Do you plan an early adjournment? Will the House adopt the resolution? Mr. RYAN. Mr. Speaker, as you well know, we are coming in now at 10o'clock. I believe we voted on that, have we not? The SPEAKER. The Chair recognizes the gentleman from Mrs. KERNICK. You voted on it. I opposed suspension of the Beaver, Mr. Laughlin. rules. Mr. LAUGHLIN. Mr. Speaker, would Mr. Ryan stand for just The SPEAKER. The gentleman is in error. That is the ques- a brief question? tion before the House. The SPEAKER. The gentleman indicates that he will. The Mr. RYAN. I am sorry. It would he our intention to come in at gentleman from Beaver may proceed. 10 o'clock to do some of the housekeeping work that is normally Mr. LAUGHLIN. Mr. Speaker, there were a number of bills done when we first come into session. The Repahlicans intend 1979. LEGISLATIVE JOURNAL-HOUSE 1301 to then go into caucus. We would hope that we can caucus on Dininni Klingaman Pott Zeller some of the measures that were handled by the Transportation Dornhrowski Knepp~r Pueeiarelli Zitterman Dorr Knight Punt Zord Committee today, that we would return to the floor of the Duffy Kalter Pyles Zwikl House in the vicinity of noon, that we would continue to work Durham Kowalyshyn Reed at least 5 or 6 hours, and that we would adjourn sometime in Ear ley Lashinger Rieger Seltzer. Fee Laughlin Hitter Soeaker the vicinity of 6 o'clock and go to a Republican clambake, which Fiseher, R. R. Lrhr Rocks is what you were trying to get out of me in the first place. Mrs. KERNICK. That is very true, Mr. Speaker. I was trying to get it out of you and I was not being facetious. It is quite an inconvenience fur those of us who live 3%, 4, 4%. Brown Johnson, J. Petrarea Stewart or 5 hours away from Harrisburg to get here, and I think the Cappabianca Kernick Pratt Trello business of the House comes before the pleasure of the majority Chess Kukovich ~ Richardson Wachob Cohen Livengood Rodgers White sideof the House. Thank you. Dawida O'Brien. B. Schmitt Wright. D. MI. RYAN. You are quite welcome, Mr. Speaker. Harper Oliver Shadding Yahner The SPEAKER. There are still tickets available. Hoeffel Mrs. KERNICK. Mr. Speaker, may I suggest that anybody who has to come up Sunday night to be here at 10 o'clock be NOT VOTING-17 given a free ticket to the Republican clambake. Thank you. Beloff Giammarco Mclntyre Rhades The SPEAKER. The Chair recognizes the gentleman from Bersan Halversan O'Donnell Street Philadelphia, Mr. Salvatore. Donatucci Levin Polite Williams Dumas Lynch.F. Rappaport Wright, J. L MI. SALVATORE. Mr. Speaker, we will give her a ticket at a Gallagher discount price - $30.

On the question recurring, The question was determined in the affirmative, and the Will the House adopt the resolution? resolution was adopted. The following roll call was recorded: I YEAS-161 BILLS PASSED OVER Alden Fisher. D. M. Lrttfrman Ryan Anderson Fost~r,A. Levi Salvatore The SPEAKER. Without objection, all remaining bills on to- Armstrong Fost~r,W. Lewis Srhraffer Arty Freind Lynch, E. R. Srhweder day's calendar will be passed over. The Chair hears no ohjec- Austin Fryer Mackowski Seirica tion. Barhrr Gallen Madigan Serafini Belardi Gamble Manderino Seventy Bennett Gannon Manmiller Shupnik Bittle Gatski McCall Sieminski WELCOMES Borski Gfesey McClatchy Sirianni The SPEAKER. The Chair welcomes to the hall of the House. Bowser Geist McKelvey Smith, E. Brandt George. C. McMonagl~ Smith. I,. Mrs. Sally Farneth of New Kensington, the guest of Mr. C. L. Brunner Grorge, M. McVerry Spencer Schmitt. Burd Gladeck Michlovic Spitz The Chair also welcomes to the hall of the House, Miss Irene Burns Gwhel Micozzie Stairs Caltagirone Goodman Milanovich Steighner R. Ravigoni of Natrona Heights, the guest of Mr. Brian Clark. Cessar Grabowski Miller Stuban The Chair welcomes to the hall of the House Mr. and Mrs. Cianciulli Gray Moehlmann Sweet Robert Fello and their sons Rohhie and Scottie from Clarks- CUnini Greenfield Mawery Swift Clark, B. Grirco Mrkonic Taddonio burg, Pennsylvania, who are the guests of Mr. Wass. Clark. R. Gruppo Mul1en.M. P. Tay1or.E. Cochran Hasay Murphy Taylor, F. Cole Hayes. D. S. Musto Talek Cornell Haves. S. E. Nahlll Thomas ADJOURNMENT Coslett ~eifrick Novak Vruon Cowrll Honaman Noye Wagnrr Mr. McKE:I,VEY niov~dthat this House of Representatives Cunningham Hutchinson, A. O'Brien. D. Wargo do now adjourn until Friday, June 15, 1979, at 10a.m..edt. Davies Hutchinson. W. Perzel Wsss DeMedio Irvis Peterson Weidner On the question. DeVerter Itkin Picrola Wenper Will the Housc agrpr to the motion? DrWeesr Johnson. E. Pievsky Wilson Motion was agreed to, and at 5:58 p.m.. e.d.t., the House ad- DiCrrlo Jones Pistella Wilt Dirtz Kanuck Pitts Yohn journed.