commonwealth of pennsylvania igtgtalatiut afnurual · an act amending the act of december 5, 1936...

COMMONWEALTH OF PENNSYLVANIA

iGtgtalatiut Afnurual TUESDAY, FEBRUARY 24, 1981

SESSION OF 1981 165TH OF THE GENERAL ASSEMBLY . No. 11

SENATE TUESDAY, February 24, 1981.

The Senate met at 1 :00 p.m., Eastern Standard Time.

THE PRESIDENT (Lieutenant Governor William W. Scranton III) in the Chair.

PRAYER

The Chaplain, the Reverend Father PETER P. MURPHY, Pastor of St. Joseph's Catholic Church, Verona, offered the following prayer:

Let us pray. Almighty God, we realize the power entrusted to us . by

the people gives us a sharing in the responsibility of authority over which You are indeed the Lord. You are the Supreme Law Giver. You are the Creator of life and the Model of love to enable us to live together in a society as individuals dependent upon each other.

We honor and praise Your name, Lord, as we begin our deliberations today, that we may be ever mindful of Your presence among us in this Senate of Pennsylvania.

We are ultimately responsible to You, Lord God, for our decisions. Give us a sharing in Your wisdom so that we can perceive Your will for the people. Renew our respect for . one another so that we can build upon each other's ideas for the common good and for Your honor and glory. Through Jesus Christ. Amen.

JOURNAL APPROVED

The PRESIDENT. A quorum of the Senate being present, the Clerk will read the Journal of the preceding Session.

The Clerk proceeded to read the Journal of the preceding Session, when, on motion of Senator JUBELIRER, further reading was dispensed with, and the Journal was approved.

BILL -itER.EFERRED

Senator GEKAS, from the Committee on Judiciary, returned to the Senate SB 141, which was rereferred to the Committee on Consumer Protection and Professional Licensure.

REPORTS FROM COMMITTEES

Senator GEKAS, from the Committee on Judiciary, reported, as committed, SB 169. ,

Senator CORMAN, from the Committee on Local Government, reported, as committed, SB 48, 132, 135, 140, 225 and 254; as amended, SB 31, 133 and 134.

BILLS INTRODUCED AND REFERRED

Senators HAGER, KUSSE, HESS, STAUFFER, LOEPER and MESSINGER presented to the Chair SB 359, entitled:

An Act amending Title 24 (Education) of the Pennsylvania Consolidated Statutes, providing for eligibility, notification and payment for health insurance.

Which was committed to the Committee on EDUCATION, FebruarY'24, 1981.

Senator HOLL presented to the Chair SB 360, entitled: An Act amending Title 18 (Crimes and Offenses) of the

Pennsylvania Consolidated Statutes, requiring a death sentence when a person is convicted of an arson which results in a death.

Which was committed to the Committee on JUDICIARY, February 24, 1981.

Senators HAGER, O'PAKE, HOWARD, HESS, REIBMAN, McKINNEY and PRICE presented to the Chair SB 361, entitled:

An Act providing for reimbursement by insurance companies and others for services performed by licensed certified nurse midwives.

Which was committed to the Committee on PUBLIC HEALTH AND WELFARE, February 24, 1981.

Senator MELLOW presented to the Chair SB 362, entitled:

An Act amending the act of June 24, 1931 (P. L. 1206, No. 331). entitled "The First Class Township Code," authorizing the board of township commissioners to levy different rates of taxation for township purposes on land and buildings.

Which was committed to the Committee on LOCAL GOVERNMENT, February 24, 1981.


An Act amending the act of August 9, 1955 (P. L. 323, No. 130), entitled "The County Code," authorizing the county commissioners to levy different rates of taxation for county purposes on land and buildings.

180 LEGISLATIVE JOURNAL-SENATE FEBRUARY 24,



An Act amending the act of July 28, 1953 (P. L. 723, No. 230), entitled, as amended, "Second Class County Code," authorizing the county commissioners to levy different rates of taxation for county purposes on land and buildings.



An Act amending the act of February 1, 1966 (1965 P. L. 1656, No. 581), entitled "The Borough Code," authorizing council to levy different rates of taxation for borough purposes on land and buildings.



An Act amending the act of May 1, 1933 (P. L. 103, No. 69), entitled "The Second Class Township Code," authorizing the board of township supervisors to levy different rates of taxation for township purposes on land and buildings.



An Act authorizing councils of incorporated towns to levy different rates of taxation for town purposes on land and on buildings.


Senators MELLOW and LYNCH presented to the Chair SB 368, entitled:

An Act amending the act of March 10, 1949 (P. L. 30, No. 14), entitled "Public School Code of 1949," authorizing the board of public education or the board of school directors to levy different rates of taxation for school purposes on land and on buildings.

Which was committed to the Committee on EDUCATION, February 24, 1981.


An Act amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, providing for special registration plates for prisoners of war.

Which was committed to the Committee on TRANSPORTATION, February 24, 1981.

Senators MELLOW, HESS and STAPLETON presented to the Chair SB 370, entitled:

An Act amending the act of April 8, 1937 (P. L. 262, No. 66), entitled, as amended, "Consumer Discount Company Act,'' excluding personal services and insurance contracts from the act and including certain persons under the limitations of the Goods and Services Installment Sales Act.

Which was committed to the Committee on BANKING AND INSURANCE, Februa,ry 24, 1981.

Senators MELLOW and STAPLETON presented to the Chair SB 371, entitled:

An Act amending the act of March 4, 1971 (P. L. 6, No. 2), entitled "Tax Reform Code of 1971," establishing a partial exemption from sales tax on certain motor vehicles.

Which was committed to the Committee on FINANCE, February 24, 1981.

Senators MELLOW, STAPLETON and O'PAKE presented to the Chair SB 372, entitled:

An Act amending the act of March IO, 1949 (P. L. 30, No. 14), entitled "Public School Code of 1949," providing for residency of school employes.


Senator FISHER presented to the Chair SB 373, entitled: An Act authorizing the Borough of Bridgeville, County of

Allegheny, to convey a certain parcel of property located in Upper St. Clair Township, Allegheny County, free of the restrictions imposed by "Project 70 Land Acquisition and Borrowing Act" upon the repayment of certain moneys.


Senators MESSINGER, MOORE, LYNCH, ROSS, ROMANELLI and REIBMAN presented to the Chair SB 374, entitled:

An Act amending the act of March 10, 1949 (P. L. 30, No. 14), entitled "Public School Code of 1949," further providing for the levying of per capita taxes.


Senators MESSINGER, LYNCH, ROSS and ROMANELLI presented to the Chair SB 375, entitled:

An Act amending the act of June 18, 1980 (No. 17A), entitled "General Appropriation Act of 1980," increasing an appropriation to the Department of Revenue.

Which was committed to the Committee on APPROPRIATIONS, February 24, 1981.

Senators GREENLEAF and HELFRICK presented to the Chair SB 376, entitled:

An Act amending the act of March 10, 1949 (P. L. 30, No. 14), entitled "Public School Code of 1949," providing for teaching ridership safety to pupils.



An Act amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, further providing for school bus driver training and for requirements for school buses.



An Act amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, further providing for the construction of school buses.

1981 LEGISLATIVE JOURNAL-SENATE 181


Senators GREENLEAF, EARLY and HELFRICK presented to the Chair SB 379, entitled:

An Act amending the act of March IO, 1949 (P. L. 30, No. 14), entitled "Public School Code of 1949," changing provisions relating to school bus depreciation.


Senator HOLL presented to the Chair SB 380, entitled: An Act requiring owners or operators of retirement homes

and retirement communities to present financial statements to prospective investors and providing penalties.

Which was committed to the Committee on AGING AND YOUTH;, February 24, 1981.

Senators HAGER, HESS, PECORA, O'CONNELL, HOPPER, BELL, MANBECK, FISHER, CORMAN, HOWARD, SNYDER, PRICE, HOLL, TILGHMAN, RHOADES, REIBMAN, STAPLETON and GEKAS presented to the Chair SB 381, entitled:

An Act amending the act of June 3, 1937 (P. L. 1333, No. 320), entitled "Pennsylvania Election Code," creating, imposing and transferring duties on the ·Independent Election Commission; transferring powers and duties from the Secretary of the Commonwealth, and transferring certain allocations, appropriations, equipment, files and personnel from Secretary of the Commonwealth to the new commission.

Which was committed to the Committee on ST A TE GOVERNMENT, February 24, 1981.

Senators SHAFFER, HESS, REIBMAN, RHOADES, LINCOLN, STOUT, O'PAKE, STAPLETON, KUSSE, HELFRICK, PECORA, MOORE, ANDREZESKI, SNYDER, HAGER, BELL and STAUFFER presented to the Chair SB 382, entitled:

An Act amending the act of April 9, 1929 (P. L. 177, No. 175), entitled "The Administrative Code of 1929," further providing for the lapsing of funds.


Senators HOWARD, CORMAN, SNYDER, REIBMAN and PRICE presented to the Chair SB 383, entitled:

An Act creating the Pennsylvania Public Employee Retirement Study Commission to make a continuing study of all public employees retirement and pension systems; providing for an advisory committee; and making an appropriation.


Senators HOWARD and REIBMAN presented to the Chair SB 384, entitled:

An Act amending the act of November 24, 1976 (P. L. 1176, No. 261), entitled "Mobile Home Park Rights Act," further providing for sale of mobile homes, providing for assurance of voluntary compliance and civil investigation.

Which was committed to the Committee on URBAN AFFAIRS AND HOUSING, February 24, 1981.

Senators HOW ARD and HELFRICK presented to the Chair SB 385, entitled:

An Act providing for credits to mobile home owners for certain taxes paid under Article II of the "Tax Reform Code of 1971," and making an appropriation.

Which was committed to the Committee on URBAN AFFAIRS AND HOUSING, February 24, 1981.

Senators HOWARD, STAUFFER, SNYDER, MESSINGER, PRICE and HESS presented to the Chair SB 386, entitled:

An Act amending the act of December 5, 1936 (2nd Sp. Sess., 1937 P. L. 2897, No. 1), entitled "Unemployment Compensation Law," further providing for exclusions from employment by certain students.

Which was committed to the Committee on LABOR AND INDUSTRY, February 24, 1981.

Senators HOWARD, SNYDER, STAUFFER and PRICE presented to the Chair SB 387, entitled:

An Act amending the act of July 8, 1978 (P. L. 752, No. 140), entitled "Public Employee Pension Forfeiture Act," adding an offense to the list of crimes related to public office or public employment.


Senators KUSSE and HOPPER presented to the Chair SB 388, entitled:

An Act amending the act of June 21, 1939 (P. L. 566, No. 284), entitled "The Pennsylvania Occupational Disease Act," further providing for the authority of the referee.


Senators HESS, CORMAN and HOPPER presented to the Chair SB 389, entitled:

An Act providing for the licensing of insurance premium finance companies, the regulation of insurance premium finance agreements, establishing rates of interest or discount and service charges, regulating the cancellation of policies of insurance for nonpayment of an insurance premium finance loan; imposing certain powers and duties upon the Insurance Commissioner and providing for penalties for violation.

Which was committed to the Committee on BANKING AND INSURANCE, February 24, 1981.

Senator HESS presented to the Chair SB 390, entitled: An Act amending the act of March 4, 1971 (P. L. 6, No. 2),

entitled "Tax Reform Code of 1971," limiting the gross receipt tax on utilities.

Which was committed to the CONSUMER PROTECTION AND LICENSURE, February 24, 1981.

Committee on PROFESSIONAL

Senator HESS presented to the Chair SB 391, entitled: An Act amending the act of July 7, 1947 (P. L. 1368, No.

542), entitled "Real Estate Tax Sale Law," further providing for returns by tax collectors in certain cases.


Senators CORMAN, ST AP LE TON, ROMANELLI, MELLOW, MOORE, O'PAKE, HELFRICK, SINGEL, ROSS, FISHER, PRICE, PECORA and JUBELIRER presented to the Chair SB 392, entitled:


An Act authorizing the Department of Revenue to grant tax credits to certain business entities which donate property to certain educational institutions.


Senators CORMAN and MESSINGER presented to the Chair SB 393, entitled:

An Act amending the act of February 1, 1966 (1965 P. L. 1656, No. 581), entitled "The Borough Code," further providing for applications for incorporation.

Which was committed lo the Committee on LOCAL GOVERNMENT, February 24, 1981.

Senators PECORA, RHOADES, MOORE, SHAFFER and EARLY presented to the Chair SB 394, entitled:

An Act amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, providing for notification of relatives in case of certain accidents.

Which was. committed to the Committee on TRANSPORTATION, February 24, 1981.

Senators SMITH and LYNCH presented to the Chair SB 395, entitled:

An Act amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, providing for the issuance of special registration plates for veterans.


Senators O'P AKE, LINCOLN, HESS, ROSS, CORMAN, MELLOW, MURRAY, LEWIS, STOUT, SINGEL, ANDREZESKI, STAPLETON and HELFRICK presented to the Chair SB 396, entitled:

A Supplement to the act of September 25, 1975 (P. L. 296, No. 95), entitled "An act authorizing the indebtedness, with the approval of the electors, of ten million dollars for loans to volunteer fire companies, volunteer ambulance services and volunteer rescue squads for the purpose of establishing or modernizing facilities to house fire fighting apparatus equipment, ambulances, and rescue vehicles, and for purchasing new fire fighting apparatus equipment, ambulances, and rescue vehicles, protective and communications equipment, and any other accessory equipment necessary for the proper performance of such organizations' duties," authorizing additional indebtedness with the approval of the electors.


Senators GEKAS, MANBECK and PRICE presented to the Chair SB 397, entitled:

An Act amending the act of June 3, 1937 (P. L. 1333, No. 320), entitled "Pennsylvania Election Code," prohibiting an elected public official from holding two elected public offices.


Senators GEKAS, O'CONNELL, SNYDER, MANBECK and PRICE presented to the Chair SB 398, entitled:

An Act relating to the resignation and reappointment of public officers.


Senator TILGHMAN presented to the Chair SB 399, entitled:

An Act amending the act of July 31, 1941 (P. L. 616, No. 261), entitled "Employment Agency Law," further providing for registration fees.


Senator TILGHMAN presented to the Chair SB 400, entitled:

An Act amending the act of June 24, 1968 (P. L. 237, No. 111), entitled "Policemen and Firemen Collective Bargaining Act," further providing for composition of the board of arbitration.


Senators EARLY, GREENLEAF, FISHER, ANDREZESKI, BO DACK, O'P AKE, ROSS, SIN GEL, STAPLETON, ROMANELLI, LYNCH, SCANLON, MESSINGER, LINCOLN, MURRAY, MELLOW, LEWIS, KUSSE, HOPPER, HELFRICK, ZEMPRELLI, REIBMAN, GEKAS and STOUT presented to the Chair SB 401, entitled:

An act amending the act of December 31, 1965 (P. L. 1257, No. 511), entitled "The Local Tax Enabling Act," granting political subdivisions additional powers to tax the income of individuals; increasing the limitation on the amount of income tax levied and authorizing an optional school district personal income tax equivalent with certain limitations and restrictions.


Senators ZEMPRELLI, MURRAY, MELLOW, BODACK and LEWIS presented to the Chair SB 402, entitled:

An Act amending the act of June 3, 1937 (P. L. 1333, No. 320), entitled "Pennsylvania Election Code," providing for the creation and operation of the Pennsylvania Election Commission which shall assume all powers, duties and responsibilities of the Secretary of the Commonwealth insofar as it relates to the conduct of elections.

Which was committed to the Committee on ST ATE GOVERNMENT, February 24, 1981.

Senator HOLL presented to the Chair SB 403, entitled: . An Act prohibiting the melting down of precious metals for

a period of time and providing penalties.

Which was committed to the Committee on CONSUMER PROTECTION AND PROFESSIONAL LICENSURE, February 24, 1981.

Senators TILGHMAN, MOORE, LOEPER and MESSINGER presented to the Chair SB 404, entitled:

An Act amending the act of August 26, 1971 (P. L. 351, No. 91), entitled "State Lottery Law," abolishing the State Lottery Commission.


Senators HAGER, JUBELIRER and TILGHMAN presented to the Chair SB 405, entitled:

An Act making an appropriation to the Department of State for the payment to county boards of election for expenses incurred in the special Senate election of March 31, 1981.



Senators PECORA, GREENLEAF, FISHER, RHOADES, HELFRICK, O'CONNELL, HOWARD,

LOEPER, MOORE, HAGER, ROSS, SCANLON and

STOUT presented to the Chair SB 406, entitled: An Act amending the act of March 10, 1949 (P. L. 30, No.

14), entitled "Public School Code of 1949," further providing for proportionate reduction of payments.


Senators HANKINS, REIBMAN, SMITH, LYNCH and

MESSINGER presented to the Chair SB 407, entitled: An Act establishing the Office of Ombudsman for Correc

tions and making an appropriation.

Which was committed to the Committee on JUDI

CIARY, February 24, 1981. Senators SINGEL and LLOYD presented to the Chair

SB 408, entitled: An Act amending the act of October 4, 1978 (P. L. 883,

No. 170), entitled "Public Official and Employee Ethics Law," protecting persons who disclose improper governmental actions.

Which was committed to the Committee on ST A TE

GOVERNMENT, February 24, 1981. Senators JUBELIRER, ZEMPRELLI, STAUFFER,

MOORE, HELFRICK, FISHER, LYNCH, ROSS and

KUSSE presented to the Chair SB 409, entitled: An Act removing for a limited time the statutory limits

imposed upon certain interest rates, interest costs, service charges and finance charges upon loans and extension of credit.

Which was committed to the Committee on BANKING

AND INSURANCE, February 24, 1981. Senators BELL, LYNCH and SMITH presented to the

Chair SB 410, entitled: An Act providing for a referendum as to whether the Penn

sylvania Liquor Stores system should be continued.

Which was committed to the Committee on LAW AND JUSTICE, February 24, 1981.

Senators RHOADES and STREET presented to the Chair SB 411, entitled:

An Act amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, adding a provision relating to sentencing.

Which was committed to the Committee on JUDI

CIARY, February 24, 1981. Senators RHOADES and STREET presented to the

Chair SB 412, entitled: An Act amending the act of April 14, 1972 (P. L. 233, No.

64), entitled "The Controlled Substance, Drug, Device and Cosmetic Act," further regulating the sale at retail or dispensing of controlled substances.


Senators RHOADES, O'CONNELL and HELFRICK

presented to the Chair SB 413, entitled:

An Act amending the act of June 13, 1967 (P. L. 31, No. 21), entitled "Public Welfare Code," providing a procedure for the review and approval by legislative committees of proposed State hospital closings or substantial reduction in patients or staff.

Which was committed to the Committee on PUBLIC HEALTH AND WELFARE, February 24, 1981.

Senators RHOADES, O'CONNELL and HELFRICK presented to the Chair SB 414, entitled:

An Act amending the act of June 13, 1967 (P. L. 31, No. 21), entitled "Public Welfare Code," providing for the maintenance of services at certain State institutions.

Which was committed to the Committee on PUBLIC HEAL TH AND WELFARE, February 24, 1981.

Senator O'CONNELL presented to the Chair SB 415, entitled:

An Act making an appropriation to the Pennsylvania Emergency Management Agency.


Senators BELL, SMITH, HANKINS, LYNCH,

O'CONNELL, STREET, RHOADES and PRICE presented to the Chair SB 416, entitled:

An Act amending the act of December 5, 1936 (2nd Sp. Sess., 1937 P. L. 2897, No. 1), entitled "Unemployment Compensation Law," further providing for pension offsets.


Senators SMITH and HANKINS presented to the Chair SB 417, entitled:

An Act amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, providing for annual inspection of passenger cars.


Senators SMITH, HANKINS and LYNCH presented to the Chair SB 418, entitled:

An Act to provide a prescription plan for the aging.

Which was committed to the Committee on AGING AND YOUTH, February 24, 1981.

Senators LINCOLN, MELLOW, RHOADES, KELLEY, STAPLETON, STOUT, SINGEL, MESSINGER, O'PAKE,

ZEMPRELLI, ROSS, LLOYD, BODACK, LYNCH and

MURRAY presented to the Chair SB 419, entitled: An Act amending the act of March 4, 1971 (P. L. 6, No. 2),

entitled "Tax Reform Code of 1971," providing for a tax credit.


Senators LINCOLN, MELLOW, RHOADES, KELLEY, STAPLETON, STOUT, SINGEL, MESSINGER, LYNCH,

ZEMPRELLI, ROSS, LLOYD, BODA CK and MURRAY presented to the Chair SB 420, entitled:

An Act amending the act of March 4, 1971 (P. L. 6, No. 2), entitled "Tax Reform Code of 1971," providing for a tax credit.



Senators ROSS, REIBMAN, KELLEY, MURRAY, MELLOW, ANDREZESKI, O'CONNELL, PECORA, SCANLON and CORMAN presented to the Chair SB 421, entitled:

An Act amending the act of July 7, 1947 (P. L. 1368, No. 542), entitled "Real Estate Tax Sale Law," authorizing constables to make personal service of certain notices.


Senators MOORE, PECORA, HESS, HELFRICK, BELL, CORMAN, STAUFFER, KUSSE, JUBELIRER, l;IAGER, LOEPER, FISHER, SHAFFER, HOPPER, O'CONNELL, SNYDER, MANBECK, HOWARD, RHOADES, GREENLEAF, PRICE and STREET presented to the Chair SB 422, entitled:

An Act authorizing the indebtedness, with the approval of the electors, of $15,000,000 for loans to volunteer fire companies, volunteer ambulance services and volunteer rescue squads for the purpose of establishing or modernizing facilities to house firefighting apparatus equipment, ambulances, and rescue vehicles, and for purchasing new firefighting apparatus equipment, ambulances, and rescue vehicles, protective and communications equipment, and any other accessory equipment necessary for the proper performance of such organizations' duties.


Senators ROSS, HELFRICK, HESS, RHOADES, MURRAY, PRICE, MELLOW, ANDREZESKI, PECORA, SCANLON, HOWARD and STOUT presented to the Chair SB 423, entitled:

An Act amending the act of March 4, 1971 (P. L. 6, No. 2), entitled "Tax Reform Code of 1971," further providing for exclusions from sales tax.


Senators O'PAKE, GEKAS, FISHER, LLOYD, LEWIS, REIBMAN, GREENLEAF, PRICE, SINGEL, ANDREZESKI, STAPLETON and MESSINGER presented to the Chair SB 424, entitled:

An Act amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, further providing for the time in which certain prosecutions must be commenced.


Senators GEKAS, HESS, PRICE, TILGHMAN, SNYDER, MOORE, JUBELIRER, PECORA, FISHER, O'PAKE, O'CONNELL, ANDREZESKI and HELFRICK presented to the Chair SB 425, entitled:

An Act amending the act of April 9, 1929 (P. L. 177, No. 175), entitled "The Administrative Code of 1929," further providing for the purchases of handicapped-made products and services.

Which was committed to the Committee on STATE GOVERNMENT, February 24, 1981.

Senators KUSSE, O'CONNELL, SCANLON, LOEPER, MOORE, ROSS, PRICE, FISHER and LINCOLN presented to the Chair SB 426, entitled:

An Act amending the act of November 30, 1965 (P. L. 847, No. 356), entitled "Banking Code of 1965," providing for the preemption of limits on rates of interest and charges on loans and extensions of credit and of limits on amount, maturity or terms of such loans.


Senators FISHER, BELL, PECORA, MANBECK, GREENLEAF, STREET and SNYDER presented to the Chair SB 427, entitled:

An Act amending the act of March 10, 1949 (P. L. 30, No. 14), entitled "Public School Code of 1949," further providing for the minimum number of days schools are required to be kept open.


Senators FISHER, MELLOW, HELFRICK, O'PAKE and PECORA presented to the Chair SB 428, entitled:

An Act amending the act of June 24, 1976 (P. L. 424, No. 101), entitled "An act providing for the payment of death benefits to the surviving spouse or children of firemen or law enforcement officers killed in the performance of their duties," extending and clarifying the scope of the act to include paramedics, constables and volunteer firemen.


Senators FISHER, HELFRICK, O'P AKE and PECORA presented to the Chair SB 429, entitled:

An Act amending the act of January 22, 1968 (P. L. 42, No. 8), entitled, as amended, "Pennsylvania Urban Mass Transportation Law," further providing for grants to offset losses for certain transit services provided to persons sixty-five years of age and older.


Senators FISHER, HELFRICK, O'P AKE and PECORA presented to the Chair SB 430, entitled:

An Act amending the act of February 11, 1976 (P. L. 14, No. 10), entitled "Pennsylvania Rural and Intercity Common Carrier Surface Transportation Assistance Act," further providing for grants to offset losses for certain transit services provided to persons sixty-five years of age and older.


Senators FISHER, HELFRICK and PECORA presented to the Chair SB 431, entitled:

An Act amending the act of May 13, 1915 (P. L. 286, No. 177), entitled, as amended, "Child Labor Law," further providing for hours of work.


Senators FISHER, STAUFFER, GREENLEAF and O'P AKE presented to the Chair SB 432, entitled:

A Joint Resolution proposing an amendment to the Constitution of the Commonwealth of Pennsylvania, reducing the size of the House of Representatives.

1981 LEGISLATIVE JOURNAL-SENA TE 185

Which was committed to the Committee on ST ATE GOVERNMENT, February 24, 1981.

Senator FISHER presented to the Chair SB 433, entitled: An Act amending Title 75 (Vehicles) of the Pennsylvania

Consolidated Statutes, further providing for the operation of traffic-control signals.


Senators MESSINGER, ANDREZESKI, REIBMAN, LEWIS and SINGEL presented to the Chair SB 434, entitled:

An Act amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, providing for the confidentiality of certain communications with sexual assault counselors.


Senator SCANLON presented to the Chair SB 435, entitled:

An Act making an appropriation to the Pittsburgh Association for the Blind.


Senators ZEMPRELLI, KELLEY and STOUT presented to the Chair SB 436, entitled:

An Act authorizing an interstate compact between the Commonwealth of Pennsylvania and the State of Ohio; establishing the Pittsburgh-Cleveland Waterway Authority to sponsor a waterway connecting Pittsburgh, Pennsylvania and Cleveland, Ohio; and other essential water resource development projects in the Upper Ohio River Basin.


Senators ZEMPRELLI, MURRAY, MELLOW, BODACK, LEWIS and MESSINGER presented to the Chair SB 437, entitled:

An Act amending the act of June 3, 1937 (P. L. 1333, No. 320), entitled "Pennsylvania Election Code," providing for the nomination of a lieutenant governor by political parties.


Senators ZEMPRELLI, MURRAY, MELLOW, BODACK and LEWIS presented to the Chair SB 438, entitled:

An Act amending the act of April 9, 1929 (P. L. 177, No. 175), entitled "The Administrative Code of 1929," further providing for the term of office of appointees of the Governor and making editorial changes.

Which was committed to the Committee on STATE GOVERNMENT, February 24, 1981.

Senator ZEMPRELLI presented to the Chair SB 439, entitled:

An Act amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, redefining "criminal justice agency" to include the United States Office of Personnel Management.


Senator ZEMPRELLI presented to the Chair SB 440, entitled:

An Act providing for the registration and other regulation of sellers of travel.

Which was committed to the Committee on CONSUMER PROTECTION AND PROFESSIONAL LICENSURE, February 24, 1981.

RECESS

Senator JUBELIRER. Mr. President, I request a recess of the Senate until 2:30 p.m., for the purpose of holding a Republican caucus and a Democratic caucus.

The PRESIDENT. Are there any objections? The Chair hears no objection, and declares a recess of the Senate until 2:30 p.m., Eastern Standard Time.

AFTER RECESS

The PRESIDENT. The time of recess having elapsed, the Senate will be in order.

LEAVE OF ABSENCE

Senator ZEMPRELLI asked and obtained leave of absence for Senator BODACK, for today's Session, for personal reasons.

SENATOR ZEMPRELLI TO VOTE FOR SENATOR EARLY AND SENATOR

ROMANELLI

Senator ZEMPRELLI. Mr. President, on behalf of Senator Early and Senator Romanelli who had to attend to Senatorial business and leave the floor, but were here earlier today, I am requesting a legislative leave of absence.

The PRESIDENT. The Chair hears no objection and the leaves are granted.

SENATOR JUBELIRER TO VOTE FOR SENATOR HAGER

Senator JUBELIRER. Mr. President, I would request a legislative leave of absence for Senator Hager, who is attending a meeting in the Chief Clerk's office on legislative business and I will be voting him.

The PRESIDENT. The Chair hears no objection and the leave is granted.

CALENDAR

THIRD CONSIDERATION CALENDAR

BILLS ON THIRD CONSIDERATION AND FINAL PASSAGE

SB 2 (Pr. No. 197) agreed to,

Considered the third time and


And the amendments made thereto having been printed

as required by the Constitution,

On the question, Shall the bill pass finally?

(During the calling of the roll, the following occurred:)

Senator KELLEY. Mr. President, I would like to change

my vote from "aye" to "no." The PRESIDENT. The gentleman will be so recorded.

Senator MESSINGER. Mr. President, I would like to

change my vote from "aye" to "no." The PRESIDENT. The gentleman will be so recorded.

Senator HANKINS. Mr. President, I would like to

change my vote from "no" to "aye."

The PRESIDENT. The gentleman will be so recorded.

Senator MESSINGER. Mr. President, I would like to

change my vote at this time from "no" to "aye."

The PRESIDENT. The gentleman will be so recorded.

And the question recurring Shall the bill pass finally?

The yeas and nays were taken agreeably to the provisions

of the Constitution and were as follows, viz:

YEAS-27

Bell Helfrick Loeper Rhoades

Corman Hess Manbeck Shaffer

Fisher Holl Messinger Snyder

Gekas Hopper Moore Stauffer

Greenleaf Howard O'Connell Street

Hager Jubelirer Pecora Tilghman

Hankins Kusse Price

NAYS-20

Andrezeski Lloyd O'Pake Singe)

Early Lynch Reibman Smith Kelley McKinney Romanelli Stapleton

Lewis Mellow Ross Stout

Lincoln Murray Scanlon Zemprelli

A constitutional majority of all the Senators having voted

''aye,'' the question was determined in the affirmative.

Ordered, That the Clerk present said bill to the House of

Representatives for concurrence.

SB 164 (Pr. No. 164) - Considered the third time and

agreed to,

On the question, Shall the bill pass finally?

The yeas and nays were taken agreeably to the provisions

of the Constitution and were as follows, viz:

YEAS-46

Andrezeski Hopper Mellow Scanlon

Bell Howard Moore Shaffer

Corman Jubelirer Murray Singe!

Early Kelley O'Connell Smith

Fisher Kusse O'Pake Snyder

Gekas Lewis Pecora Stapleton

Greenleaf Lincoln Price Stauffer

Hager Lloyd Reibman Stout

Hankins Loeper Rhoades Street

Helfrick Lynch Romanelli Tilghman

Hess McKinney Ross Zemprelli

Holl Manbeck

NAYS-1

Messinger

A constitutional majority of all the Senators having voted

"aye," the question was determined in the affirmtive.

Ordered, That the Clerk present said bill to the House of

Representatives for concurrence.

SECOND CONSIDERATION CALENDAR

BILL OVER IN ORDER

SB 8 - Without objection, the bill was passed over in its

order at the request of Senator JUBELIRER.

BILL REREFERRED

SB 63 (Pr. No. 327) - Upon motion of Senator

JUBELIRER, and agreed to, the bill was rereferred to the

Committee on Appropriations.

BILLS OVER IN ORDER

SB 114 and 153 - Without objection, the bills were

passed over in their order at the request of Senator

JUBELIRER.

EXECUTIVE NOMINATIONS

EXECUTIVE SESSION

Motion was made by Senator LOEPER,

That the Senate do now resolve itself into Executive

Session for the purpose of considering certain nominations

made by the Governor. Which was agreed to.

NOMINATIONS TAKEN FROM THE TABLE

Senator LOEPER. Mr. President, I call from the table

for consideration certain nominations previously reported

from committee and laid on the table.

The Clerk read the nominations as follows:

MEMBER OF THE STATE BOARD OF

FUNERAL DIRECTORS

December 1, 1980.

To the Honorable, the Senate of the Commonwealth of Pennsylvania:

In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate Bart H. Cavanagh (Funeral Director), 114 Yarmouth Lane, Media 19063, Delaware County, Ninth Senatorial District, for appointment as a member of the State Board of Funeral Directors, to serve until August 31, 1985, or until his successor is appointed and qualified, vice Herman Blair, Perryopolis, whose term expired.

DICK THORNBURGH.

MEMBER OF THE ALLEGHENY COUNTY

BOARD OF ASSISTANCE

January 26, 1981.



In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate Helen L. DeMay (Republican), 219 Regency Place, Bethel Park 15102, Allegheny County, Thirty-seventh Senatorial District, for appointment as a member of the Allegheny County Board of Assistance, to serve until December 31, 1983, and until her successor is duly appointed and qualified, vice Joseph M. Siudyla, Glassport, whose term expired.

DICK THORNBURGH.

MEMBER OF THE ALLEGHENY COUNTY BOARD OF ASSISTANCE

January 26, 1981.

To the Honorable, the Senate of the Commonwealth of Pennsylvania: In conformity with law, I have the honor hereby to nominate

for the advice and consent of the Senate Robert J. Dodds, Jr. (Republican), 1740 Beechwood Boulevard, Pittsburgh 15217, Allegheny County, Forty-third Senatorial District, for reappointment as a member of the Allegheny County Board of Assistance, to serve until December 31, 1983, and until his successor is duly appointed and qualified.

DICK THORNBURGH.


January 26, 1981.


for the advice and consent of the Senate Dr. Joseph Pois (Democrat), 825 Morewood Avenue, Pittsburgh 15213, Allegheny County, Thirty-eighth Senatorial District, for appointment as a member of the Allegheny County Board of Assistance, to serve until December 31, 1982, and until his successor is duly appointed and qualified, vice John V. Hicks, Pittsburgh, whose term expired.

DICK THORNBURGH.


January 26, 1981.


for the advice and consent of the Senate William L. Pollard (Republican), 4305 Hemlock Circle, Allison Park 15101, Allegheny County, Fortieth Senatorial District, for appointment as a member of the Allegheny County Board of Assistance, to serve until December 31, 1982, and until his successor is duly appointed and qualified, vice Mary Vasilaikis, Monroeville, whose term expired.

DICK THORNBURGH.


January 26, 1981.


In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate Paul L. Pyeritz (Republican), 423 Salem Drive, Pittsburgh 15243, Allegheny County, Thirty-seventh Senatorial District, for appointment as a member of the Allegheny County Board of Assistance, to serve until December 31, 1982, and until his successor is duly appointed and qualified, vice Edgar Landerman, Pittsburgh, whose term expired.

DICK THORNBURGH.

MEMBER OF THE LANCASTER COUNTY BOARD OF ASSISTANCE

February 5, 1981.


In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate Elizabeth M. Tredway (Republican), 132 East Lemon Street, Lancaster 17602, Lancaster County, Thirteenth Senatorial District, for appointment as a member of the Lancaster County Board of Assistance, to serve until December 31, 1981, and until her successor is duly appointed and qualified, vice Ms. Joanne Gollatz, Lancaster, whose term expired.

DICK THORNBURGH.

MEMBER OF THE SUSQUEHANNA COUNTY BOARD OF ASSISTANCE

February 5, 1981.


In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate Mrs. Shirley Francioni (Republican), R. D., Box 9, Hop Bottom 18824, Susquehanna County, Twentieth Senatorial District, for appointment as a member of the Susquehanna County Board of Assistance, to serve until December 31, 1982, and until her successor is duly appointed and qualified, vice Martin J. Demerich, Susquehanna, whose term expired.

DICK THORNBURGH.

On the question, Will the Senate advise and consent to the nominations?

The yeas and nays were required by Senator LOEPER and were as follows, viz:

YEAS-36

Bell Holl McKinney Rhoades Corman Hopper Manbeck Shaffer Fisher Howard Messinger Smith Gekas Jubelirer Moore Snyder Greenleaf Kelley O'Connell Stapleton Hager Kusse O'Pake Stauffer Hankins Lewis Pecora Stout Helfrick Lloyd Price Street Hess Loeper Reibman Tilghman

NAYS-11

Andrezeski Lynch Romanelli Singe! Early Mellow Ross Zemprelli Lincoln Murray Scanlon

A constitutional majority of all the Senators having voted "aye," the question was determined in the affirmative.


Ordered, That the Governor be informed accordingly.

NOMINATION TAKEN FROM THE TABLE

Senator LOEPER. Mr. President, I call from the table for consideration the nomination previously reported from committee and laid on the table for Sanford H. Edberg, M.D., as Coroner, in and for the County of Allegheny.

The Clerk read the nomination as follows:

CORONER, ALLEGHENY COUNTY

January 23, 1981.


for the advice and consent of the Senate Sanford H. Edberg, M.D., 14 Newgate Road, Pittsburgh 15202, Allegheny County, Fortieth Senatorial District, for appointment as Coroner, in and for the County of Allegheny, to serve until the first Monday of January, 1982, vice Cyril H. Wecht, M.D., J.D., resigned.

DICK THORNBURGH.

On the question, Will the Senate advise and consent to the nomination?

The yeas and nays were required by Senator LOEPER and were as follows, viz:

YEAS-37

Bell Hopper Mellow Rhoades Corman Howard Messinger Shaffer Fisher Jubelirer Moore Singe! Gekas Kusse Murray Smith Greenleaf Lewis O'Connell Snyder Hager Loeper O'Pake Stauffer Hankins Lynch Pecora Stout Helfrick McKinney Price Street Hess Manbeck Reibman Tilghman Holl

NAYS-IO

Andrezeski Lincoln Ross Stapleton Early Lloyd Scanlon Zemprelli Kelley Romanelli

A constitutional two-thirds majority of all the Senators having voted "aye," the question was determined in the

affirmative. Ordered, That the Governor be informed accordingly.

EXECUTIVE SESSION RISES

Senator LOEPER. Mr. President, I move that the Executive Session do now rise.

The motion was agreed to.

CONSIDERATION OF CALENDAR RESUMED

SENATE RESOLUTION, SERIAL NO. 17, CALLED UP

Senator SCANLON, without objection, called up from page 2 of the Calendar, Senate Resolution, Serial No. 17, entitled:

Amending Senate Rule 37, Section 1.

On the question, Will the Senate adopt the resolution?

SENATE RESOLUTION, SERIAL NO. 17, NOT ADOPTED

Senator SCANLON. Mr. President, I move that the Senate do adopt Senate Resolution, Serial No. 17.

On the question, Will the Senate agree to the motion?

Senator SCANLON. Mr. President, Senate Resolution, Serial No. 17, clarifies whatever question there may be as to the status of the Senate Committee on Ethics and Official Conduct. It was created several years ago as a result of a special ad hoc committee of which I was chairman and in which I recommended, along with the unanimous consent of everyone on that committee, that an official committee in addition to the then existing standing committees be created known as the Committee on Official Conduct and Ethics.

It was the intention of the committee who made the report to the Senate and it was the intention of the Senate at the time the original resolution creating the committee was adopted unanimously that this committee would assume the stature of a regular standing committee in this Senate.

Recently, Mr. President, the structure and the nomenclature of the standing committees was varied and, by what I · assume to be inadvertence, the Committee on Ethics and Official Conduct was not listed as a standing committee of this Senate. The purpose of this resolution is to clarify any question in anybody's mind about the status and the stature of this committee.

Mr. President, I urge a "yes" vote on Senate Resolution, Serial No. 17.

Senator STAUFFER. Mr. President, after due consideration and a great deal of discussion within the Republican caucus, our Members have decided to oppose this resolution. The opposition is based on the fact that when the Committee on Ethics was created, the recollection was that it was to be a permanent committee and it is, of course, a permanent committee, but since the committee is very special in its nature, it does not have regular duties, that it does not have legislation assigned to it, that it is uniquely made up in that it has equal representation from both sides of the aisle and was constituted to really work only when an extraordinary situation presented. itself, that it did not meet the normally accepted definition of a standing committee and that it should be retained in its special status and that it does not have regular staff and so forth, that it should not be staffed in a regular fashion, but only when a special circumstance arises that requires staffing. On that basis, the Republican caucus decided that they would oppose the resolution.

Senator SCANLON. Mr. President, under Rule XVI under which the standing committees are stated and their


names set forth, nowhere do I find any language concerning staff or provisions for staff or staffing. Under Rule XXXVII which created the committee, Paragraph I states: "In addition to the committees created by Rule XVI, ... " in addition to, " ... there shall be a Committee on Ethics and Official Conduct ... " and so forth.

Mr. President, it is obvious that it was the intention of this Senate . when it unanimously adopted Rule XXXVII that this committee was to rise to the stature of a standing committee. Because there is no mention of staffing in the Rules and no mention of staffing in Rule XVII, it appears to be beside the point because there was no mention in Rule XVI of staffing or financing or funding or anything else. Either we are going to have an effective, full-statured Committee on Ethics or we are not. That is the issue here.

Mr. President, I urge every Member of this Senate to vote "yes."

Senator STAUFFER. Mr. President, just a brief response. I feel equally as strong as the gentleman from Allegheny, Senator Scanlon, with regard to the effect of the committee, the fact that it must be strong, that it must be effective, that it must carry out its duties. I assure the gentleman that there is no disagreement from this side of the aisle with regard to that argument. The only disagreement that we apparently have between the two sides of the aisle is exactly how you define and would structure a committee to carry out that function.

Senator SCANLON. Mr. President, during the past three years that I have served on the Committee on Ethics, there have been occasions when it was incumbent upon us, unfortunately, and I hope it never happens again, to hire counsel and to pay them for performing legal duties to the Committee on Ethics as contracted for by the Committee on Ethics. Up to this time, the money was provided by the Majority Leader's account and other accounts. I think it is ridiculous for the Committee on Ethics to be required to go to Leadership and ask them, from their accounts, to provide funds for counsel and for investigations, if necessary, when, God help us, someday the very Leader from whom we are asking the funds might be the target of the investigation. That is absolutely ridiculous. This committee should have available to it funds from which it can draw to hire attorneys and investigators to do the job.

Mr. President, I just cannot believe the Majority Party would vote "no" on this resolution.

Senator MESSINGER. Mr. President, it is very difficult for me to understand how anybody in this Senate, knowing the history of this particular committee, can at this time say that they are opposed to having a full standing Committee on Ethics. God knows we needed it. I have a sneaking notion we may need it again. I do think it should be a full standing committee as far as having funds in order to operate. It is inconceivable to me that the people who really pushed good government so hard in the last Session now seem to be opposed to so-called good government bills or resolutions or ideas. I do not think changing from Minority to Majority or from Majority to Minority should change

anybody's mind about what good government happens to be. I think we all, if we are honest about it, whether we are a Democrat or a Republican, whether you are the Majority or the Minority, should be in favor of ethical behavior of all Senators and should have a committee to oversee that, and a committee that has strength and money to do it.

Senator HAGER. Mr. President, this is the first time that I have arisen to address any matter before this Senate in this Session except for one time when I was reminded that while I was in the Chair that I was supposed to be presiding and not taking part in the debate and I think perhaps I was properly so reminded.

Mr. President, I do consider this one to be extremely important and although I very much appreciate what certain Members in the Minority who have risen are attempting to do, I would like to set the record very clear.

The Rules of the Senate very obviously call for a permanent Committee on Ethics. It exists. There is no backing away from that on this side. As a matter of fact, I think the record of the last four years indicates very clearly where the Republicans, now the Majority, stand on that issue. I think we then or now have no reason to be ashamed of our stand on a need for a Committee on Ethics. What we do say is that there is absolutely no need to create a fullfunded structure for a committee whose duties are at best sporadic. Thank God they are sporadic. There are no bills, no resolutions regularly sent to that committee. There is no need for a staffing of that committee on a permanent basis. There has not been a need in the past and I can foresee none in the future when some funds from someone in this Senate who is not the subject of an investigation or a complaint filed with the committee would be unavailable. I can see no such need and so far as I am concerned what it really is, is merely an attempt to create another funding structure for other Members of this Senate. We are attempting to deal with the problem as it has always been dealt with and we are attempting to be frugal in that regard. To try to say that our attempt to save money on this issue and to stop the building of an additional staff is backing away from ethics is, it seems to me, ludicrous and, I hope, transparent.

Senator KELLEY. Mr. President, as one who has observed and listened to the arguments presented by all the previous speakers on this issue, I am not so sure I clearly understand why one caucus has taken a position when it was verbalized as being because of the money, and a rebuttal given by the gentleman from Allegheny, indicated there is nothing in the Rules that provides for the money. The gentleman from Lycoming, Senator Hager, just reiterated the reason for the negative vote, the gentleman urged, is because of money.

Mr. President, I agree with the gentleman in a sense that if one were putting money in the resolution to fund it, it would be not necessarily justifiable, especially if we are on the same level as the gentleman from Chester, Senator Stauffer, indicated, that there would be no regular flow of legislation and no flow of attention or resolution that is a subject for this committee.


Mr. President, as I understand the resolution before us, it just really does what the gentlemen on the other side of the aisle have both verbalized to be supportive and that is that they want it to be a permanent committee. The gentleman from Allegheny has indicated, as I heard in the discussions and the debate, that there is no money in this so that if there is to be any money at any given time, that would have to be separately determined by the Leadership of this Body, of which the gentleman from Lycoming, Senator Hager, and the gentleman from Chester, Senator Stauffer, and the gentleman from Allegheny, Senator Scanlon, are all Members. This particular committee is made up equally of membership of both parties, on both sides of the aisle.

Mr. President, listening to the debate, it seems to me that everything that has been verbalized from the other side of the aisle would be supportive in the positive support of this resolution. I believe, as the gentleman from Lycoming, Senator Hager, pointed out, the last four years under his leadership as Minority Leader the gentleman gave good leadership not only to his party but also to this Body and the people of the Commonwealth about ethics. I could only urge all of my colleagues, Mr. President, to support this resolution because for all the dialogue that is going on on the merits of this matter, there is no real issue here. Everyone has verbalized support of the permanent Committee on Ethics. No one is advocating any money and none is provided for in the resolution. So what is at issue, Mr. President'! We all agree. Let us not on such a fundamental issue be different because of political affiliation. As the gentleman from Lycoming, Senator Hager, alluded, it is far and above any distinction of party lines.

Mr. President, I urge an affirmative vote by everybody. Senator HOLL. Mr. President, I desire to interrogate the

gentleman from Westmoreland, Senator Kelley. The PRESIDENT. Will the gentleman from

Westmoreland, Senator Kelley, permit himself to be interrogated'!

Senator KELLEY. I will, Mr. President. Senator HOLL. Mr. President, do I understand

correctly, the question is whether or not this shall be a standing committee as any other standing committee of the Senate is?

Senator KELLEY. Mr. President, it is my understanding from the resolution that the committee is a unique one, it is a permanent standing committee.

Senator HOLL. A standing committee, Mr. President? Would it not carry funding as all other standing committees do, approximately $65,000 or whatever it is a year?

Senator KELLEY. Mr. President, as the gentleman from Allegheny addressed himself to that subject when he spoke earlier, the second or third time the gentleman addressed the subject today, the gentleman indicated that the Rules of the Senate do not carry any reference to funding to the standing committees. So my answer to that, Mr. President, is "no."

Senator HOLL. Mr. President, it is my understanding if this resolution would be adopted, the Committee on Ethics

would be a standing committee, a full bloom committee and, therefore, automatically would receive $65,000, or more, whatever that fund is for the standing committees. If I am incorrect, Mr. President, I would like to be told.

Senator LEWIS. Mr. President, I can tell you that for the three years that I served as the Chairman of the Committee on Ethics and Official Conduct, I certainly always did it under the belief that it was a standing committee, subject to all of the privileges and responsibilities that go along with that. I am intrigued to hear today that it was apparently a misapprehension.

Mr. President, I guess what further intrigues me, is that I hear questions being raised about the workload, about the sporadic nature of the matters which come before the committee, and I cannot help but be intrigued by the fact that just a few weeks ago the Majority did not hesitate to create a new Committee on Community and Economic Development, which I still to this day have difficulty understanding how it differs in any way, shape or form from the previous standing Committee on Urban Affairs and Housing. I doubt that there is much justification in terms of workload that can be put forward for the creation of that committee which seemed to meet a need at the time, be it political or whatever.

Mr. President, I am further intrigued by the fact that the committees which we retained certainly could not pass the standard that has been established today for severity of workload or on the contrary, or the alternative, sporadicness of responsibility. I do not think that I need to identify the two, three or four committees that can quickly come to the minds of anyone who tries to do so, that have very limited and infrequent occasions even to consider legislative matters.

Mr. President, it seems to me that there is something much more to this than the rhetoric would lead one to believe. So then, Mr. President, I reflect on listening to the words that the Majority Whip used as he described the distinctions between the committees identified in Rule XVI and the Committee on Ethics. The gentleman said that the former are standing committees and the Committee on Ethics is a permanent committee.

Mr. President, as I look at the language of Rule XVI, I find that what we have created are permanent standing committees. I am absolutely bewildered to find any contrary language anyplace. The existing committees, but for the Committee on Ethics, are permanent committees. The Majority Whip has said that is what he believes the Committee on Ethics is.

Mr. President, I note in looking at the Rule by which the Committee on Ethics was created, it says that in addition to the committees created by Rule XVI, it must be clear that it was fully intended at that point for the committee to have the same stature and the same standing as all other committees created by Rule XVI, and that it, therefore, must be a permanent standing committee.

Mr. President, I do not know what the distinction is that the Majority is trying to make. I do not understand what


their concern or fear may be with regard to the operations of the Committee on Ethics, but to try to make a distinction where no difference exists has to leave anyone listening to the arguments baffled with regard to the intention or the motives. Mr. President, I cannot see the difference. I believe the resolution of the gentleman from Allegheny, Senator Scanlon, is intended to assure that this most important committee, in fact, not be the subject of some ulterior motivation or purpose at some time in the future but rather to guarantee us that it will continue to act and operate as it has done in the past under the bipartisan and nonpartisan contributions from the Members who have served on it.

Mr. President, I would certainly urge anyone interested in guaranteeing that there be no problems with the Committee on Ethics to support this resolution.

Senator STAUFFER. Mr. President, think the remarks of the gentleman from Bucks, Senator Lewis, deserve a response by me.

I am in full accord with the gentleman when he talks about working on a bipartisan nature, having a committee that is structured to work permanently to do the ugly job when it does come before the committee, but I am almost resentful over the slightest hint that there is any ulterior motive involved in this discussion. I feel uncomfortable about the whole thing and I think we might as well get it right out in the clear. I think it has been addressed by a couple of the spokesmen and I think what we are talking about here is strictly a matter of funding. We are not talking about the operation of the committee, its responsibilities, its duty to the Senate. I think everyone in this Chamber knows that in a totally bipartisan fashion this committee has worked for the betterment of the Senate. It has bit the bullet when it has had to. It has done good work and it is something in which we can all take pride. I do not think the operation of the committee is a matter for debate or even discussion. It is strictly a matter of funding. It is a question of how the Members view the funds that are allocated for the management of the Senate should be allocated.

Mr. President, it is strictly on that basis that there appears to be a difference of opinion. I think if we are going to debate this resolution any further, we should debate it purely on the matter of what the funding issue should be, because certainly there is no debate, there is no disagreement as to what the function of the committee is and to the ethical matter in which it should be carried out.

Senator ZEMPRELLI. Mr. President, I am somewhat astonished by the turn in events of what is being said recollecting what the President pro tempore has said, the gentleman from Lycoming, Senator Hager, and now the gentleman from Chester, Senator Stauffer. I think I am compelled to ask the gentleman from Chester, Senator Stauffer, if he will respond to interrogatories at this time?

Senator STAUFFER. I will, Mr. President. Senator ZEMPRELLI. Mr. President, with respect to the

last previous investigation performed by the Committee on Ethics, will the gentleman advise as to the source of the funds that were used to conduct that investigation'!

Senator STAUFFER. Mr. President, the investigation was funded by equal contributions made out of the Leadership funds of the Majority and Minority Leader.

Senator ZEMPRELLL Mr. President, if in fact this committee were of equal standing with any other standing committee of the Senate as it is now constituted, where would the funds come from to operate this committee, assuming that it would be treated like every other standing committee?

Senator STAUFFER. Mr. President, it was the understanding of the Members of our caucus that the monies which are allocated through the legislative management fund for the operation of committees would be the source of that funding and that, as a result, the pool would have to be split into one more equal segment which would take away funding from each of the other standing committees in order to create the amount allocated to the Committee on Ethics.

Senator ZEMPRELLI. Mr. President, is it reasonable to conclude from the gentleman's answer, and I am asking the gentleman for a response, that this would not result in an increased appropriation to the people of Pennsylvania, presuming what would be done is precisely what the gentleman from Chester, Senator Stauffer, has described.

Senator STAUFFER. Mr. President, I do not think that it would necessarily mean an increased appropriation. That, of course, is a subject that has not been addressed. I recognize that not every Member or every committee chairman spends all of the money allocated to him, but there would be an additional expense in that the hiring of whatever the permanent staff and so forth would be would create an additional expense that would in fact incur an outgo.

Senator ZEMPRELLL Mr. President, assuming for purposes of argument there was an event to take place in the future and prospectively, how would the gentleman fund the operations of that committee in accordance with the gentleman's desires?

Senator STAUFFER. Mr. President, under the present situation with the committee, it is my expectation as its current chairman, that if the committee would have need for function that there would again be an equal contribution from the Majority Leader's and the Minority Leader's special funds to provide whatever funding was necessary for the operation of the committee.

Senator ZEMPRELLI. Mr. President, if I may address myself to the issue, the gentleman has given me the answers upon which I would like to make a slight argument if I may.

Mr. President, the smoke screen is now obvious. The question is: Where do the monies come from? Will they come from the legislative management committee and be divided by one more committee as opposed to the number of committees that stand and exist now, or will there be a request made upon Leadership to supply the funds? That is the only issue that is involved if you believe what has been said by the President pro tempore and what has been said by the gentleman from Chester, Senator Stauffer.


Consider for the moment the logic of what is being said, Mr. President. Suppose it is, in fact, that one of the Members of this august Body that is to be investigated happens to be one of the people not a Member of that committee, but nonetheless the party who controls the funds. If that is where the funds are to come from, and I do not want to identify people by name and hope that it does not take place, it creates a rather embarrassing situation and one that might not be publicly conceived correctly.

Mr. President, the important factor is that what we are not talking about is an increase in money to the people of the Commonwealth. We are talking about a subdivision of monies that now are used for the committee process. Is that not where it should come from, Mr. President? Should it come from any other source? What is the effectiveness of a free standing committee where we have two people who are supposed to act judiciously, representing both sides of the aisle in an independent process that should not be hampered in any way because of the involvement of funds, recognizing the fact that funds will be needed?

Mr. President, we are not talking about staffing. We are talking about making a committee a standing committee that would allow itself to function as an independent investigating agency, one that does not have to depend upon its funding or the sufficiency of that funding by going to another Member of this Body who may be the subject matter of the investigation by that committee. Mr. President, that is the silliness of what we are talking about and the justification for voting in favor of this resolution.

Senator HAGER. Mr. President, in response to the two most recently made arguments from the Minority side, we are most assuredly talking about additional staffing and we are most assuredly because of that, talking about additional expenditures. This Legislature recently passed a rule calling for the biennial lapsing of funds from the Senate. There has been biennial lapsing of funds because the standing committees do not spend all the money which has been appropriated to them. Therefore, the people of this Commonwealth do benefit by the current committee structure and they benefit by the reduction in the number of committees as a matter of fact.

As soon as you create· an additional standing committee and say that that committee is going to be staffed, and please let us not hide that issue, that is the entire issue of the purpose for this, then that money will certainly be spent and less will be available to be lapsed at the end of each biennial.

As to the second argument, Mr. President, that somebody may become subject to the scrutiny of this committee who also is in command of funds, does anyone seriously believe that such a person could hold the funds from this committee without being drummed out of this Senate for that very purpose? To me, that is purely specious.

Mr. President, I can think of no circumstance whatsoever where a Leader or the President pro tempore under any circumstances for the next fifty years could ever be subject to investigation by this committee and refuse to tum over

the funds for the operation of the committee. That, I think, would be tantamount in the public's mind, in the media's mind and in the Senate's mind to an admission of guilt and an unwillingness to provide the tools of his own undoing. It makes absolutely no sense whatsoever.

There is an extremely valid reason, Mr. President, for denying steady funding and steady staffing to a Committee on Ethics. The real purpose is that it has been created by a special Rule of the Senate and not lumped with the standing committees. That is this: standing committees have Minority staff and they have Majority staff and they tend to polarize politically in every committee of the Senate. Yet that person brought before a Committee on Ethics for investigation will of necessity be either from the Minority or the Majority. I hate to think of a Committee on Ethics making its decisions along political lines because the staff of one feels an allegiance to its person while the staff of another feels an allegiance otherwise. That is why any staff hired from time to time by a Committee on Ethics must be retained by the bipartisan agreement of the Members of that committee, so that it is staff working for the committee and not either for the Minority Members or for the Majority Members of the committee. That is what is at issue here and that is why we continue to oppose Mino~ity staff and Majority staff for a Committee on Ethics. It is a step backwards from the moves we had made towards ethics in this Body. Mr. President, I would urge every Member to vote against this resolution.

Senator MESSINGER. Mr. President, I think an exaggeration has been made when somebody says that for the next fifty years nobody in Leadership would dare to deny funds to this committee if he were the subject of investigation. I would say it all depends on what district he is from because he could be found guilty and still be reelected. The practical politics of the whole thing is it all depends on who he is and where he is from. It has nothing to do with the merits of the case. Let us not exaggerate so much in order to win an argument on the floor of the Senate.

Mr. President, the truth of the matter is this kind of thing has happened in American history, is happening in American politics today and will happen in the next fifty years, I am afraid.

Senator LEWIS. Mr. President, I should note with some pleasure with regard to the comment from the President pro tempore that the Rule which provided for the biennial lapse of monies by these legislative committees was a direct product of the initial ad hoc Committee on Ethics and Official Conduct and it was one of the items which this Senate adopted as a result of the report done by that Body.

Mr. President, I am more concerned about some of the other comments made by the President pro tempore because he seems to be digging himself into a hole as he attempts to explain the concern for the adoption of what is now being called this special Rule for the Committee on Ethics. Nowhere in that Rule is there any discussion about staff. The special Rule was not adopted so that staff would be handled in a bipartisan way. The very simple reason for the


adoption of that Rule was so that the procedures by which that committee was to operate would be clearly and explicitly set forth so that everyone would know what the obligations and responsibilities were. That is what that Rule talks about.

Yes, in fact, Mr. President, in the three years that the Committee on Ethics has been in existence, the work has been done by these partisan staff people about whom he expresses such fear, staff people hired by the respective sides of th~ aisle who contributed to the product of this committee in the nonpartisan spirit and efforts with which it worked as the gentleman from Chester, Senator Stauffer, so clearly enunciated.

Mr. President, what concerns me most now is that somehow or another, the Majority seems to have equated a status of standing committee with funding or obligation to pay staff and that is just absolutely not with foundation anywhere in the Rules of the Senate. Nowhere in the Rule that talks about the creation of standing committees is there any obligation to fund those committees. There is no obligation for those committees to have any staff. In fact, the legislative management funds are allocated through direct line items in the budget and then the respective legislative management committees decide how those funds are going to be appropriated. There is no reason why their legislative management committee has to allocate ten cents to the standing Committee on Ethics if they do not want to do it. It is just that simple.

Mr. President, the question here is not automatic funding or staffing. That is a diversion from the real issue which is the status of this committee. There do not have to be permanent staff people and we seemed to function reasonably well in the first three years without that. There should be the clear stature for this committee so that no question might be raised at some time in the future.

The issue is simple, Mr. President, and the gentleman from Chester, Senator Stauffer, has enunciated it very clearly. If there is concern about providing funding, then do not provide it from your legislative management committee. It is that simple. At the same time, do not relegate this committee to some status that is below that of all of the other committees in this Senate. It is more important than that and it deserves at minimum that kind of equal attention from all of us.

And the question recurring, Will the Senate agree to the motion'?

The yeas and nays were required by Senator SCANLON and were as follows, viz:

Andrezeski Early Hankins Kelley Lewis Lincoln

Lloyd Lynch McKinney Mellow Messinger Murray

YEAS-22

O'Pake Reibman Romanelli Ross Scanlon

Singe! Smith Stapleton Stout Zemprelli

NAYS-25

Bell Hess Loeper Rhoades Corman Holl Manbeck Shaffer Fisher Hopper Moore Snyder Gekas Howard O'Connell Stauffer Greenleaf Jubelirer Pecora Street Hager Kusse Price Tilghman Helfrick

Less than a majority of the Senators having voted "aye," the question was determined in the negative, and the resolution was not adopted.

UNFINISHED BUSINESS

RESOLUTION REPORTED FROM COMMITTEE AND LAID ON THE TABLE

Senator O'CONNELL, from the Committee on State Government, reported without amendment, Senate Resolution, Serial No. 24, entitled:

Designating week of March 15 to 22, 1981 as "Irish Week."

The PRESIDENT. The resolution will be laid on the table.

SENATE RESOLUTION

AMENDING SENATE RULE 30

Senator STAUFFER, on behalf of Senator MELLOW and himself, offered the following resolution (Serial No. 26), which was read as follows:

In the Senate, February 24, 1981.

RESOLVED, That Senate Rule XXX be amended to read: XXX EXECUTIVE NOMINATIONS

Presentation and Reference 1. All nominations by the Governor shall be submitted to

the Secretary of the Senate. All nominees shall file the financial statements required pursuant to the act of October 4, 1978

.170) referred to as the Public Official and the Senate. Co ies

t e nommat1ons and furnished by the Secretary of the Senate to the Majority and Minority Caucus Secretaries or their designees.

(1. When nominations shall be made by the Governor to the Senate, they} 2. Nominations shall, after being read by the Chief Clerk, without a motion, be referred by the presiding officer to [appropriate committee (except nominations for Commissioners of Deeds which may be confirmed forthwith), and after} the Committee on Rules and Executive Nominations. After having been reported by the committee, the final question on every nomination shall be: "Will the Senate advise and consent to this nomination'?" Which question shall not be put on the day on which the nomination or nominations are reported from committee, unless by unanimous consent.

(3) The Committee on Rules and Executive Nominations shall refer nominations to g committees of

ho p for all nominees Statewide nd to which sala-

ries are attached; scrutinize the qualifications of nominees and report back their recommendations. Public hearings may be held for nominees for any other office.


Information Concerning Nominations [2.] 4. All information, communication or remarks made

by a Senator when acting upon nominations in committee, concerning the character or qualifications of the person nominated, shall be kept secret. If, however, charges shall be made against a person nominated, the committee may, in its discretion, notify such nominee thereof, but the name of the person making such charges shall not be disclosed.

Consideration [3.] 5. When the consideration of executive nominations is

reached in the order of business, a Senator may make a motion to go into executive session for the purpose of confirming the nominations which have been reported from a committee at a previous session and, if unanimous consent be given, also those which may be reported on the day the motion is made; and on the motion being agreed to, such nomination or nominations shall be considered the first order of the day until finally disposed of, unless the same shall be postponed by a majority of the Senate; but such business when once commenced shall not be postponed for more than five days, except in case of an adjournment of the Senate for a longer period.

Executive Session [4.] 6. When in executive session, no message shall be

receivedfrom the Governor, unless it be relative to the nomination under consideration, nor from the House of Representatives, nor shall any other business be considered, except executive business, and the executive session shall not adjourn pending the consideration of the nomination until a time fixed by a majority vote of those present for the next meeting of the executive session fo resume the consideration thereof.

Reconsideration [5.] 7. When a nomination is confirmed or rejected by the

Senate, any two Senators may move for a reconsideration on the same day on which the vote was taken, or on either of the next two days of actual session of the Senate; but if a notification of the confirmation or rejection of a nomination shall have been sent to the Governor before the expiration of the time within which a motion to reconsider may be made, the motion to reconsider shall be accompanied by a motion to request the Governor to return such notification to the Senate. A motion to reconsider the vote on a nomination may be laid on the table without prejudice to the nomination.

Vote on Confirmation [6.] 8. A two-thirds majority is required for the confirma

tion of all the Governor's appointments authorized by Jaw and the Constitution of Pennsylvania.

Senator STAUFFER asked and obtained unanimous consent for the immediate consideration of this resolution.


SENATE RESOLUTION, SERIAL NO. 26, ADOPTED

Senator ST A UFFER. Mr. President, I move that the Senate do adopt Senate Resolution, Serial No. 26.

The motion was agreed to and the resolution was adopted.

SENATE RESOLUTION

AMENDING SENATE RULE 16, SECTION 1

Senators LLOYD, O'P AKE, MURRAY, ANDREZESKI, SINGEL and LEWIS offered the following resolution (Serial No. 27), which was read as follows:


RESOLVED, That Senate Rule XVI, section I be amended to read:

XVI COMMITTEES 1. There shall be the following permanent Standing

committees, the Chairmen, the Vice-Chairmen and members thereof to be appointed by the President Pro Tempore as soon as possible after his election in sessions convening in oddnumbered years. The composition of each Standing Committee shall [r~a.sonably] reflect the same arithmetic ratio as the party compos1tlon of the Senate membership.

L Rules and Executive Nominations - 15 members 2. Finance - 10 members 3. Appropriations 20 members 4. Judiciary - 10 members 5. Environmental Resources and Energy - IO members 6. Agriculture and Rural Affairs 10 members 7. Labor and Industry - 10 members 8. State Government - 10 members 9. Education - 10 members

IO. Public Health and Welfare - 10 members 11. Transportation 10 members 12. Local Government 10 members 13. Community and Economic Development - 10 members 14. Banking and Insurance - 10 members 15. Law and Justice - IO members 16. Aging and Youth 10 members 17. Consumer Protection and Professional Licensure -

10 members 18. Urban Affairs and Housing 19. Military and Veterans Affairs

* * •

10 members IO members

Senator LLOYD asked and obtained unanimous consent for the immediate consideration of this resolution.


SENATE RESOLUTION, SERIAL NO. 27, NOT ADOPTED

Senator LLOYD. Mr. President, I move that the Senate do adopt Senate Resolution, Serial No. 27.

On the question, Will the Senate agree to the motion?

Senator STAUFFER. Mr. President, I rise in opposition to the amendment offered by the gentleman from Philadelphia, Senator Lloyd. I would point out to the Members that on the surface this sounds like a good idea, and some years back we endeavored to look at this type of a situation, but the problem is that the numbers of the Senate do not break down to where you can use simple arithmetic to determine the committee structure. The result was that we adopted the best rule that we could which says that the composition of each standing committee shall reasonably reflect the party composition of the Senate Membership. In this way we are not faced with the difficult problem of trying to cut a body in half or in thirds or in quarters or whatever.

For that reason, Mr. President, I think we should vote down the resolution and recognize that the Rule we have is the best way we can deal with this situation under the circumstances.


Senator LLOYD. Mr. President, I would like to briefly outline what this amendment does and then contest the points that the gentleman from Chester, Senator Stauffer, has made regarding it.

The purpose of the amendment is that the standing committees which no longer include the Committee on Ethics reflect the same arithmetic ratio as the Senate as a whole reflects.

The gentleman from Chester, Senator Stauffer, indicates concern that we are unable to divide bodies and therefore cannot completely accurately reflect that arithmetic ratio. The kind of problem I am concerned about, however, is a situation in which the Senate is very nearly evenly divided in terms of partisan Membership and some committees, for example the Committee on Rules and Executive Nominations and the Committee on Appropriations, currently do not in my opinion reasonably reflect the party composition of the Senate Membership.

Mr. President, I desire to interrogate the gentleman from Chester, Senator Stauffer.

The PRESIDENT. Will the gentleman from Chester, Senator Stauffer, permit himself to be interrogated?

Senator STAUFFER. I will, Mr. President. Senator LLOYD. Mr. President, would the gentleman

indicate to me the number of Members of the Committee on Appropriations that we currently have?

Senator STAUFFER. Twenty Members, Mr. President. I am sorry, I had to have my mind refreshed.

Senator LLOYD. Mr. President, would the gentleman indicate what the party composition of those twenty Members is?

Senator STAUFFER. Mr. President, may we be at ease for just a second?

The President. The Senate will be at ease. (The Senate was at ease.) Senator STAUFFER. Mr. President, the current composi

tion of the Senate Committee on Appropriations is thirteen Majority Members and seven Minority Members, the .same ratio that we had in the preceding Session.

Senator LLOYD. Does this indicate, Mr. President, that there is a change in position here that earlier it was stated that the reason for not supporting this type of amendment would be that it is impossible to properly split the committees arithmetically or is the reason now that prior to this, things were not handled on an arithmetic basis.

Senator STAUFFER. No, Mr. President, that is not the reason. The reason is the fact that this matter, as I said previously, was discussed and considered in previous Sessions and at that time, it was agreed that the best you could do was to establish a reasonable ratio, a reasonable relationship. We saw no reason not to continue with a policy which the Minority had, in fact, established and which we felt worked well and we have just continued working in the same fashion and continued the same Rule.

Senator LLOYD. Mr. President, I think it is clear that what we are dealing with here is an effort to not deal on a ratio that reflects the composition of the Senate but for the

party in power, whomever that may be, to utilize that power to have a very important committee, for example the Committee on Appropriations, be stacked almost two to one against the Minority Party even though the composition of the Senate is such that there is only a few percentage points in difference.

Mr. President, I would urge everyone in the Senate to adopt this amendment in order to achieve fairness on committee structure.

Senator BELL. Mr. President, I cannot help but sit here and think that I never heard the gentleman from Philadelphia, Senator Lloyd, make this speech when the Democrats controlled the Senate.

Senator STAUFFER. Mr. President, just one brief reply to the gentleman from Philadelphia, Senator Lloyd, and that is with regard to the gentleman's statement that this is an effort to stack the committee. There is no effort at all to stack anything. I think that as a Member of the Committee on Appropriations, the committee which the gentleman chose to use as an illustration, the gentleman recognizes the Majority in a Legislative Body does have the responsibility to get the job done and it is necessary to structure a committee so that we not only reflect reasonable membership on a committee but that we are in a position to get the job of governing done.

Senator LLOYD. Mr. President, very briefly I would say that I am sure the definition of getting the job done is open to question.

And the question recurring, Will the Senate agree to the motion?

(During the calling of the roll, the following occurred:)

VERIFICATION OF THE ROLL

Senator JUBELIRER. Mr. President, I suggest that there are people who have voted who are not here and I request a verification of the roll call.

The PRESIDENT. Request has been made to have the roll verified. The Clerk will proceed to call the names of those recorded as voting in the affirmative.

The Clerk read the names of those recorded as having voted in the affirmative as follows:

Andrezeski Lincoln Reibman Early Lloyd Romanelli Hankins Mellow Ross Kelley Murray Scanlon Lewis O'Pake Singe!

Smith Stapleton Stout Zemprelli

The PRESIDENT. Are there any corrections? Senator MESSINGER. "Aye." Senator LYNCH. "Aye." The PRESIDENT. The gentlemen will be so recorded.

The affirmative roll will stand as verified. The Clerk will now proceed to call the names of those

recorded as voting in the negative. The Clerk read the names of those recorded as having

voted in the negative as follows:

Bell Corman Fisher Gekas

Hess Holl Hopper Howard

Loeper Manbeck Moore O'Connell

Rhoades Shaffer Snyder Stauffer

196 LEGISLATIVE J(JlJRNAL-SENATE FEBRUARY 24,

Greenleaf Hager Helfrick

Jubelirer Kusse

Pecora Price

Street Tilghman

The PRESIDENT. Are there any corrections? The Chair hears none. The negative roll will stand as verified.

The yeas and nays were required by Senator LLOYD and were as follows, viz:

YEAS-21

Andrezeski Lloyd O'Pake Singe I Early Lynch Reibman Smith Hankins Mellow Romanelli Stapleton Kelley Messinger Ross Stout Lewis Murray Scanlon Zemprelli Lincoln

NAYS-25

Bell Hess Loeper Rhoades Corman Holl Manbeck Shaffer Fisher Hopper Moore Snyder Gekas Howard O'Connell Stauffer Greenleaf Jubelirer Pecora Street Hager Kusse Price Tilghman Helfrick

Less than a majority of the Senators having voted "aye," the question was determined in the negative, and the resolution was not adopted.

SENATE RESOLUTION, SERIAL NO. 24, TAKEN FROM THE TABLE

Senator O'CONNELL, without objection, called from the table Senate Resolution (Serial No. 24), entitled:

Designating week of March 15 to 22, 1981 as "Irish Week."

Senator O'CONNELL. Mr. President, I ask for unanimous consent for the immediate consideration of this reso

lution. The PRESIDENT. Does anyone object? Senator KELLEY. Mr. President, I desire to interrogate

the gentleman from Luzerne, Senator O'Connell. The PRESIDENT. Will the gentleman from Luzerne,

Senator O'Connell, permit himself to be interrogated? Senator O'CONNELL. I will, Mr. President. Senator KELLEY. Mr. President, reserving the right to

object, I wonder if the gentleman from Luzerne, Senator O'Connell, could give us some indication of what expediency there is in consideration of this resolution?

Senator O'CONNELL. Mr. President, I am sorry, but I did not hear the question. I asked the gentleman not to interrogate me in Gaelic.

Senator KELLEY. Mr. President, I just wonder if the gentleman would be so kind as to let the permanent annals of this Body reflect the urgency of the consideration of this on unanimous consent on the first day it is reported out of committee.

Senator O'CONNELL. Mr. President, because there is a day fast approaching in March that is internationally known where our great patron Saint, St. Patrick, is honored worldwide and because at that time the Commonwealth of Pennsylvania during the week of March 15th to

22nd, will be, by the Governor, proclaimed to be "Irish Week" so that those of Irish heritage will be given due recognition.

Senator KELLEY. Mr. President, further reserving my right to object, does this resolution confine the enjoyment of this week only to people of Irish heritage or is it broad based enough to be open to Republican and Democratic citizens of the Commonwealth?

Senator O'CONNELL. Mr. President, it includes the Scotch Irish and I am happy to have my good friend, the gentleman from Philadephia, Senator McKinney, join with us in sponsorship of that resolution.

Senator KELLEY. Mr. President, I withdraw my reservation and objection and commend the gentleman for his foresight and his gratitude.

Senator McKINNEY. Mr. President, I would like to make one remark and I have made this remark four or five years ago at a committee meeting. I am in the back of the bus again, the gentleman forgot my name.


SENATE RESOLUTION, SERIAL NO. 24, ADOPTED

Senator O'CONNELL. Mr. President, I move that the Senate do adopt Senate Resolution, Serial No. 24.

The motion was agreed to and the resolution was adopted.

SENATE RESOLUTION

URGING PRESIDENT REAGAN RECONSIDER HIS PROPOSAL TO

ELIMINATE THE URBAN DEVELOPMENT ACTION GRANT PROGRAM (UDAG)

Senators ROMANELLI, ROSS, MELLOW, REIBMAN, MESSINGER and PECORA offered the following resolution (Serial No. 28), which was read and referred to the Committee on Rules and Executive Nominations:


WHEREAS, President Reagan has proposed as a part of his budget cutting program, the elimination of the Urban Development Action Grant Program (UDAG); and

WHEREAS, The establishment of the UDAG Program was a bipartisan effort during President Carter's Administration and the purpose was to stimulate private investment in economically distressed communities; and

WHEREAS, Pennsylvania has more communities classified as economically distressed than any other state; and

WHEREAS, In the three years that UDAG has been fully operative, it has funded more than 1,000 urban projects nationwide at a cost of $2 billion in Federal revenue; but at the same time, attracted five times that amount ($11.5 billion) in investments from the private sector; and

WHEREAS, On the average, each $1 of UDAG funds supplied to every project generates $5 in private investment; and

WHEREAS, The UDAG Program has created more than 463,000 jobs in the construction industry and in the completed facilities nationwide, more than 286,000 of which are estimated to be permanent jobs; and


WHEREAS, Pennsylvania has benefited substantially from the UDAG Program. It resulted in 72 projects being funded in Pennsylvania during the past three years which used $10 million in Federal funds and brought about an investment of $553 million of private funds. It created 16,351 new permanent jobs and was responsible for the rehabilitation of 4,914 housing units across the State; therefore be it

RESOLVED, That the Senate of Pennsylvania acknowledges the accomplishments and merits of the UDAG Program and expresses its strong support for the continuation of the program; and be it further

RESOLVED, That the Senate of Pennsylvania calls upon the President of the United States to reconsider his proposed elimination of the UDAG Program and upon the Congress to withstand a Presidential attempt to eliminate the Program; and be it further

RESOLVED, That a copy of this resolution be transmitted to the President of the United States, the presiding officers of each House of the Congress of the United States and to each Senator and Representative from Pennsylvania in the Congress of the United States of America.

CONGRATULATORY RESOLUTIONS

The PRESIDENT laid before the Senate the following resolutions, which were read, considered and adopted:

Congratulations of the Senate were extended to Mr. and Mrs. Anthony Riazzi and to the Erie Philharmonic Youth Orchestra by Senator Andrezeski.

Congratulations of the Senate were extended to Dr. Clarence R. Moll, Anthony Gallo and to Ronald Mills by Senator Bell.

Congratulations of the Senate were extended to Harold Heard by Senator Fisher.

Congratulations of the Senate were extended to Christine A. Hein by Senator Hopper.

Congratulations of the Senate were extended to Amos Volpe by Senator Lynch.

Congratulations of the Senate were extended to Edward Hoover and to Anthony E. O'Block by Senator Pecora.

Congratulations of the Senate were extended to St. David's Episcopal Church of Philadelphia by Senator Price.

Congratulations of the Senate were extended to Mr. and Mrs. Joseph Wargo by Senator Reibman.

Congratulations of the Senate were extended to Mrs. Mary Jane Russell by Senator Stout.

Cong~atulations of the Senate were extended to Jane Walker by Senator Zemprelli.

BILLS ON FIRST CON SID ERA TION

Senator JUBELIRER. Mr. President, I move that the Senate do now proceed to consideration of all bills reported from committees for the first time at today's Session.

The motion was agreed to. The bills were as follows:

SB 31, 48, 132, 133, 134, 135, 140, 169, 225 and 254.

And said bills having been considered for the first time, Ordered, To be laid aside for second consideration.

ANNOUNCEMENTS BY THE SECRETARY

The following announcements were read by the Secretary of the Senate:

SENATE OF PENNSYLVANIA

COMMITTEE MEETINGS

MONDAY, MARCH 2, 1981

10:00 A.M. APPROPRIATIONS

(Budget Hearing

Emergency Management

Agency)


(Budget Hearing

Dept. of Military

Affairs)

1:00 P.M. APPROPRIATIONS

2:00 P.M.

3:00 P.M.

4:00 P.M.

(Budget Hearing

Penna. Securities

Commission)

APPROPRIATIONS

(Budget Hearing

Historical and Museum

Commission)

APPROPRIATIONS

(Budget Hearing

Milk Marketing Board)

APPROPRIATIONS

(Budget Hearing

State Tax Equalization

Board)

Senate Majority

Caucus Room

Senate Majority

Caucus Room

Senate Majority

Caucus Room

Senate Majority

Caucus Room

Senate Majority

Caucus Room

Senate Majority

Caucus Room

TUESDAY, MARCH 3, 1981

9:00 A.M. APPROPRIATIONS Senate Majority

(Budget Hearing- Caucus Room

Dept. of Agriculture)

10:30 A.M. APPROPRIATIONS Senate Majority


Dept. of Aging)

1:00 P.M. APPROPRIATIONS Senate Majority


Public Utility

Commission)

WEDNESDAY, MARCH 4, 1981


(Budget Hearing

Dept. of State)


(Budget Hearing

Treasury Department)

1:00 P.M. APPROPRIATIONS

(Budget Hearing

State Employes'

Retirement Board)

Senate Majority

Caucus Room

Senate Majority

Caucus Room

Senate Majority

Caucus Room


2:30 P.M. APPROPRIATIONS Senate Majority 1:00 P.M. APPROPRIATIONS Senate Majority (Budget Hearing- Caucus Room (Budget Hearing- Caucus Room Lottery Commission) University of

THURSDAY, MARCH 5, 198I Pittsburgh)

9:00 A.M. APPROPRIATIONS Senate Majority 2:30 P.M. APPROPRIATIONS Senate Majority

(Budget Hearing- Caucus Room (Budget Hearing- Caucus Room

Dept. of Community School Employes'

Affairs) Retirement Board)

10:30 A.M. APPROPRIATIONS Senate Majority 3:30 P.M. APPROPRIATIONS Senate Majority


Dept. of Commerce) Penna. Public Tele-

vision Network) 1:00 P.M. APPROPRIATIONS Senate Majority

(Budget Hearing- Caucus Room WEDNESDAY, MARCH 11, 1981

Dept. of Labor and 9:00 A.M. APPROPRIATIONS Senate Majority

Industry) (Budget Hearing- Caucus Room

2:30 P.M. APPROPRIATIONS Senate Majority Dept. of Revenue)

(Budget Hearing- Caucus Room ll:OO A.M. APPROPRIATIONS Senate Majority

Dept. of General (Budget Hearing- Caucus Room

Services) Dept. of Insurance)

FRIDAY, MARCH 6, 1981 1:00 P.M. APPROPRIATIONS Senate Majority

9:00 A.M. APPROPRIATIONS Senate Majority (Budget Hearing- Caucus Room

(Budget Hearing- Caucus Room Bureau of Correction

Dept. of Health and and Board of Probation

Governor's Council on and Parole)

Drug and Alcohol Abuse) 3:00 P.M. APPROPRIATIONS Senate Majority

1:00 P.M. APPROPRIATIONS Senate Majority (Budget Hearing- Caucus Room

(Budget Hearing- Caucus Room Governor's Office)

Penna. State Police) THURSDAY, MARCH 12, 1981

2:30 P.M. APPROPRIATIONS Senate Majority 9:00 A.M. APPROPRIATIONS Senate Majority


Penna. Turnpike Dept. of Environmental

Commission) Resources)

MONDAY, MARCH 9, 1981 II:OO A.M. APPROPRIATIONS Senate Majority

IO:OO A.M. APPROPRIATIONS Senate Majority (Budget Hearing- Caucus Room

(Budget Hearing- Caucus Room Dept. of Public Welfare)

Dept. of Education) FRIDAY, MARCH 13, 1981

1:00 P.M. APPROPRIATIONS Senate Majority 9:00 A.M. APPROPRIATIONS Senate Majority

Budget Hearing- Caucus Room (Budget Hearing- Caucus Room

State Colleges and Attorney General)

Indiana University) ll:OO A.M. APPROPRIATIONS Senate Majority

2:30 P.M. APPROPRIATIONS Senate Majority (Budget Hearing- Caucus Room

(Budget Hearing- Caucus Room Judiciary)

Temple University) 1:00 P.M. APPROPRIATIONS Senate Majority

TUESDAY, MARCH IO, 1981 (Budget Hearing- Caucus Room

9:00 A.M. APPROPRIATIONS Senate Majority Auditor General)

(Budget Hearing- Caucus Room MONDAY, MARCH 16, 1981

Penn State University) 11:00 A.M. LAW AND JUSTICE Room 459,

11:00 A.M. APP RO PR IA TIO NS Senate Majority (to consider Senate 4th Floor

(Budget Hearing- Caucus Room Bills No. 138 and Conference Rm.,

Lincoln University) 277) North Wing


WEDNESDAY, March 18, 1981

10:00 A.M. CONSUMER PROTECTION

AND PROFESSIONAL

LICENSURE (Public

Hearing on Senate Bills

Room 461,

4th FLoor

9:00 A.M.

No. 116 and 170)

Conference Rm.,

North Wing

THURSDAY, MARCH 19, 1981

APPROPRIATIONS

(Budget Hearing-

Dept. of Transportation)

Senate Majority

Caucus Room

THURSDAY, MARCH 26, 1981

10:00 A.M.

to

ST A TE GOVERNMENT

(Public Hearing on

Senate Bill No. I

Senate Majority

Caucus Room

4:00 P.M.

FRIDAY, MARCH 27, 1981

10:00 A.M. STATE GOVERNMENT Senate Majority

Caucus Room to (Public Hearing on

4:00 P.M. Senate Bill No. I

SENATE CONCURRENT RESOLUTION

DIRECTING ATTORNEY GENERAL PETITION U.S. DISTRICT COURT VACATE CONSENT DECREE OF

AUGUST 29, 1978 TO PROVIDE TIME FOR FURTHER STUDY OF VEHICLE EMISSION INSPECTION PROGRAM

Senators ZEMPRELLI, EARLY, ROMANELLI,

MESSINGER, KELLEY, ROSS, LEWIS, ANDREZESKI, SCANLON, LYNCH, SINGEL, STAPLETON, MELLOW, STOUT and BO DACK, by unanimous consent,

offered the following resolution (Serial No. 206), which was

read and referred to the Committee on Transportation:


WHEREAS, The Environmental Protection Agency promulgated regulations on November 28, 1973 establishing a transportation control plan for the Metropolitan Philadelphia and Southwest Pennsylvania Air Quality Regions; and

WHEREAS, Said plan· included the requirement that the Commonwealth of Pennsylvania establish a mandatory inspection maintenance program for vehicle emission systems; and

WHEREAS, The United States District Court entered a consent decree on August 29, 1978 which ordered the Commonwealth of Pennsylvania Department of Transportation to establish such an inspection system in the two regions; and

WHEREAS, Certain members of the Senate have now petitioned the court to be given leave to intervene in the court action; and

WHEREAS, The consent decree clearly violated the Constitution of the Commonwealth of Pennsylvania in that the executive branch of the government entered into the decree without first consulting with the General Assembly which body has the sole authority to appropriate funds and to establish State programs for the good and welfare of our citizens; and

WHEREAS, The development of auto pollution devices required by Federal law and regulation has significantly lowered the amount of pollution caused by automobiles; and

WHEREAS, The requirement for such devices and the need for unleaded gasoline has resulted in significant increases in costs to the driving public; and

WHEREAS, The price of gasoline has nearly tripled since the inception of the Federal program and placed still more of a burden on the public; and

WHEREAS, Vehicular traffic has diminished in light of such increased costs and this coupled with improved pollution devices may have rendered the information upon which the Environmental Protection Agency based its conclusions in 1973 inaccurate; and

WHEREAS, The implementation of the emission inspection program would place another unnecessary and undesirable burden on the motorists of the Commonwealth; and

WHEREAS, Recent information indicates that other sources of pollution, many of which originate beyond the borders of the Commonwealth and beyond the scope of the emission inspection program, are major contributions to air pollution; and

WHEREAS, Additional studies are being made concerning antipollution standards; and

WHEREAS, The United States Congress could amend the Clean Air Act by eliminating the required inspections; and

WHEREAS, The source of automobile emission pollution in the aforementioned regions must be recognized as the responsibility of out-of-state travelers and not solely the responsibility of the citizens of the Counties of Allegheny, Beaver, Butler, Westmoreland, Washington, Philadelphia, Bucks, Montgomery, Chester and Delaware to whom the district courts' consent decree applies; therefore be it

RESOLVED (the House of Representatives concurring), That the Attorney General petition the United States District Court to vacate the consent decree of August 29, 1978 in order that the matter may be litigated and to provide time for further study in order that a determination may be made as to the necessity of the development of an inspection maintenance program in light of the aforementioned changed circumstances; and be it further

RESOLVED, That the Secretary of the Senate transmit a copy of this resolution to the Attorney General and to each member of Congress and the United States Senate from Pennsylvania.

ADJOURNMENT

Senator JUBELIRER. Mr. President, I move that the

Senate do now adjourn until Monday, March 16, 1981, at

3:00 p.m., Eastern Standard Time, unless sooner recalled by the President pro tempore.

The motion was agreed to. The Senate adjourned at 5:10 p.m., Eastern Standard

Time.

commonwealth of pennsylvania igtgtalatiut afnurual · an act amending the act of december 5, 1936...

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