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COMMONWEMTH OF PENNSYLVANIA

MONDAY, DECEMBER 12,1977

Session o f 1977 16lst of the General Assembly Vol. 1, No. 112

HOUSE OF REPRESENTATIVES Cianeiuui Hayes, S. E. O'Brien, D. Thomas Cimini Helfrick O'Comell Trello

The Houseconvenedat 1 p.m.. e.s.t. &hen Hoeffel O'Domell Valicenti Hopkins Hutchinson, A. Hutchinson, W. Itkin Johnson Jones Katz Kelly Klingaman Kolter Kowalyshyn Kukovich Laughlin Lehr Letterman Levi Levin Lincoln Livengood Logue Lynch Mackowski Madigan

THE SPEAKER (K. LEROY IRVIS) IN THE CHAIR

PRAYER REVEREND DOCTOR DAVID R. HOOVER, chaplain of the

House of Representatives and pastor of St. Paul's Lutheran Church, McConnellsburg, Pennsylvania, offered the following prayer:

Most merciful God and Father of all, we pray that Thou wilt hear the prayers of Thy people as they call upon Thee. Help us to rejoice in the truth of Thy Word, the power of Thy nearness in life, and the glorious bounty which Thou dost so graciously share. Grant to all Thy people the wisdom to be able to see Thy purpose in life and the openness to hear Thy will, so that we may witness to the truth thereof in manifestation of Thy glorious majesty and everlasting love. Especially, we ask that this may be done in and through the lives of the members of this House of Representatives. Amen.

O'Keefe Oliver Pancoast Peterson Petrarca Piccola F'ievsky Pitts Polite Pott Pratt

-. .. - .. Cole Cowell Davies DeMedio DeVerter DeWeese DiCarlo Dietz Dininni Dombrowski Donatucci hrr Doyle Duffy Dumas E"glehart' Fee Fischer, R, R, ~ i ~ h ~ ~ , D. M. m h e r t ~ Foster, A. Foster, W, fieind Fryer

Prendergast Pyles Rappaport Ravenst ahl Reed Renwick Richardson Rieger Ritter Ruggiero Ryan Salvatore

Vroon Wagner Wansacz Wargo wass Wenger White Wiggins Wilson Wilt Wise Wright. D. Wright. J. L. Yahner Yohn Zearfass Zeller Zitterman Zord Zwikl

Irvis, Soeaker

MASTER ROLL CALL RECORDED NAYS-0

The SPEAKER. The Speaker is about to take the master roll NOT VOTING-12

The following roll call was recorded:

for today. The members will please report immediately to the floor of the House. Only those actually physically present are to be voted on this master roll.

Abraham Anderaon Armstrong Arthurs Barber Bellomini Bennett Berlin Berson Bittinger Bittle Borski Brandt Brown Brunner Burd Burns Butera Caltagirone Caputo Cassidy Cessar

Beloff Honaman Mullen, M. M. Shelton Gillette Gleeson Kerniek Parker Weidner

Knep~er Rhodes Williams

Gallagher Gallen Gamble Garzia Gatski Geesey Geisler George, C. George. M. Giammarco Goebel Goodman Gray Greenfield Greenleaf Grieco Halverson Hamilton Harper Hasay Hsskell Hayes, D. S.

Manderino Manmiller McCall McClatchy McGinnis McIntyre McLane Mebus Meluskey Milanovich Miller Milliron Miscevich Moehlmann Morris Mowery Mrkonic Mullen. M. P. Musto Novak Noye O'Brien, B.

Scanlon Scheaffer Schmitt Schweder Scirica Seltzer Shuman Shupnik Sirianni Smith. E. Smith. L. Spencer Spitz Stairs Stapleton Stewart Stuhan Sweet Taddonio Taylor, E. Taylor, F. Tenaglio

The SPEAKER. One hundred ninety-one members having in- dicated their presence, a master roll is established.

I JOURNAL APPROVAL POSTPONED The SPEAKER. Without objection, approval of the Journal

for Friday, December 9,1977, will be postponed until printed.

JOURNALS APPROVED The SPEAKER. Are there any corrections to the Journals of

August 12 and 13,1977? If not, and without objection, the Journals are approved.

I SENATE MESSAGE SENATE ADOPTS REPORT OF COMMITTEE OFCONFERENCE

The clerk of the Senate informed that the Senate has adopted the Report of the Committee of Conference on HOUSE BILL NO. 247.

-. . . .

Referred to Committee on Appropriations.

3542 LEGI~LA'IIVE JOURNAL-HOUSE December 12,

No. 1969 By Messrs. STEWART, BITTINGER, STUBAN. GEORGE. SCHEAFFER.

BILL SIGNED BY SPEAKER Bill numbered and entitled as follows was prepared for pres-

entation to the Governor:

HOUSE BILL No. 247

An Act amending the act of March 4,1971 (P. L. 6, No. 2), entitled 'Tax Reform Code of 1971" increasing the rate of the personal income tax; imposing certain conditiqn,! In the saving clause of the personal Income tax as to the vahdlty of state laws authorizing cities of the f i s t class by ordinance to impose a tax on the income of nonresidents of such city; increasing the rate of tax imposed on certain corporations; changing the period for settlement of corporate income taxes and chanpng the repay ment of tax prov~sions for such taxes; prescribing the effective date for various provisions and repealing a certaln act."

Whereupon, The SPEAKER, in the presence of the House, signed the

same.

HOUSE BILLS INTRODUCED AND REFERRED TO COMMITTEES

No. 1968 By Messrs. ENGLEHART, GEORGE, STEWART, YAHNER, BITTINGER, BRUNNER, PETRARCA, ZELLER, LETTERMAN, DeWEESE, KUKOVICH, STUBAN, A. K. HUTCHINSON, REED, GRIECO, CASSIDY, CIMINI, STAIRS, HALVERSON, NOYE, POW, MUSTO, LIVENGOOD, RENWICK, O'CONNELL, LOGUE, HELFRICK, R. R. FISCHER, HOPKINS, LYNCH and GEESEY

An Act authorizing the Governor to allocate funds necessary to provide for the repair or replacement of volunteer f i e com-

,ambulance a s v a t i o n and qwd . uPment and ac t ~ e s damaged or destroyed in the Great dood of July, 1977~

LETTERMAN, FEE, DeWEESE, D. R. WRIGHT, MOWERY. W. W. FOSTER,

LEAVES OF ABSENCE GRANTED The SPEAKER. The Chair recognizes the majority whip. Mr. GREENFIELD. Mr. Speaker, I request leaves of absence

for Mrs. KERNICK for the week's session and for Mrs. GIL- LIWTE andMr. M. M. MULLEN for today's session.

The SPEAKER. The Chair recognizesthe whip. Mr. RYAN. Mr. Speaker, I request leave of absence for Mrs.

HONAMAN for the weeps session, The SPEAKER. Without leaves are panted. Mr. RYAN. Mr. Speaker, I would call to the attention of the

chair the fact that G~~~~~ is back with us,

REPRESENTATIVE GEESEY WELCOMED The SPEAKER. The Chair welcomes the gentleman, Mr.

&esey, hack and trusts that he will no longer have to sleep on the hard bench during a budget debate. See, that is what hap- pens to you in those budget debates.

The Chair recognizes the gentleman, Mr. Geesey. Mr. GEESEY. Mr. Speaker, i t is indeed a pleasure to be back.

I should like to advise all the members that I indeed missed them. I did, however, follow the transactions on the floor through the press and through the use of a telephone. Particu- larly enjoyable was Mr. Valicenti's speech.

I should also like to suggest to the Speaker that the idea of sleeping on a hard bench is not palatable. I would again be open to other suggestions.

Thank you, Mr. Speaker.

The SPEAKER. The Chair recognizes the gentleman's other suggestions as being not mentionable on the record. But if the members are interested in it, the Chair would be delighted to share with them personally a letter which the gentleman, Mr. Geesey. sent to the Chair on the Chair's .Mowcement about the Virgin Islands trip.

HALVERSON, KOWALYSHYN, REED, RENWICK, YAHNER, PEIRARCA, R. R. FISCHER and OCONNELL

An Act provldlng for n referendum on the questlon of munlcl. palltlrs partvlpatlng In the Nat~onal Flood Insuranre Propam

Referred to Committee on Federal-State Relations.

APPROPRIATIONS COMMITTEE MEETING The SPEAKER. The Chair recognizes the gentleman from

Philadelphia. Mr. Pievsky. Mr. PIEVSKY. Mr. Speaker, I would like to call a meeting of

the House Appropriations Committee immediately if there are not going to be any more roll calls on the floor. I would like to call a meeting immediately in the Appropriations Committee room.

Thank you, Mr. Speaker. The SPEAKER. The Chair would suggest that the meeting

take place at 1:30. There will be one roll call, which is a pro forma roll call, on a suspension of the rules. The Chair would like the members present on that roll call.

SCHMJlT, D. R. WRIGHT, LETTERMAN, ENGLEHART, PETRARCA, LINCOLN, DiCARLO, STUBAN and MILLIRON

No. 1970 Bv Messrs. STEWART. BITI'INGER.

The SPEAKER. The Chair recognizes the majority leader. Mr. MANDERINO. Mr. Speaker, I move that the rules of the

House be temporarily suspended to add andlor delete certain

I RIJl.ES SlTSPENnEn

An Act amending the "Public Utility I.aw." approved 28. 1 mernbcrs'nakli to a list of bills alrrady furn~shed to the clerk. 1937 (P. 1.. 1053. No. 286). changing certain de lnltlons In rela- tion tobottled gas and carbon dioxide. On the question.

Referred to Committee on Consumer Affairs. Will the House agree to the motion?

LEGISLATIW JOURNAL-HOUSE 3543

The following roll call was recorded: 1 ff113: HB-1446. Ted Berlim ff50: HB-1446. Ranhael Musto

Anderson Armstrong Barber Bellomini Bennett Berlin Berson Bittinger Bittle Borski Brandt Brown Brunner Burd Burns Butera Caltagirone Cassidy Cessar Cimciulli Cimini Cohen Cole Cowell Davies DeMedio DeVerter Deweese DiCarlo Dietr Dininni Dombrowski Lbnatucci Dorr Doyle Duffy Dumas Englehart Fischer, R. R. Fisher, D. M. Flaherty Foster, A. Foster. W. Freind

YEAS-173

Fryer Manderino Gallagher Manmiller Gallen McCall Gamble McClatchy Garzia Mclntyre Gatski McLane Geesey Mebus Geisler Meluskey George. C. Milanovich Gwrge, M. Miller Giammarco Milliron Goebel Moehlmann Goodman Morris Gray Mawery Greenfield Mrkonie Greenleaf Mullen, M. P. Gri- Musto Halverson Novak Hamilton Noye Harper O'Brien, B. Haskell O'Brien, D. Hayes, D. S. O'Connell Hayes, S. E. O'Donnell Helfrick O'Keefe Hoeffel Oliver Hopkins Pancoast Hutchinson, W. Peterson Itkin Petrarca Johnson Pievsky Jones Pitts Katz Polite Kelly Pott Klingaman Pratt Kolter Prendergast Kowalyshyn Eyles Kukovich Rappaport Laughlin Ravenstah1 Lehr Reed Letterman Renwick Levi Richardson Lincoln Rieger Livengood Ritter Logue Ruggiero Madigan Ryan

Salvatore Scanlon Scheaffer Schmitt Schweder Scirica Seltzer Shuman Shupnik Sirianni Smith, E. Smith. L. Spencer Stairs Stapleton Stewart Stuban Sweet Taddonia Taylor. E. Tavlor. F. . . Tenaglio Thomas Vroon Wansacz Wargo wass Wenger White Wiggins Wilt Wise Wright, D. Wright, J. L. Yahner Yohn Zeller Zitterman Zord Zwikl

Irvis, Speaker

Hasay Piccola Wilson Zearfoss Mackowski Spitz

NOT VOTWG-24

Abraham Gleeson Lynch Sheltan Arthurs Honamm McGinnis Trello Beloff Hutchinson, A. Miscevich Valicenti Caputo Kernick Mullen. M. M. Wagner Fee Knep~er Parker Weidner Gillette Levin Rhodes Williams

The question was determined in the affirmative and the motion was agreed to.

SPONSORS ADDED AND DELETED

The SPEAKER. The Chair recognizes the majority leader. Mr. MANDERINO. Mr. Speaker. I move that the following

names be added to or deleted from the following bills:

ADDITIONS HB-676, Frank Melnskey ff113; HB-953, Frank Meluskey

. . ff210; HB-1475, c a m e l Sirianni ffl03; HB-1659, Bernard Dom- browski X73; HB-1659, G. Sieher Pancoast X160; HB-1659, Roosevelt Polite ff159; HB-1665, Frank Meluskey ff113; HB- 1811, Warren Spencer ff59; HB-1811, Joseph Manmiller ff105; HB-1947, D. Michael Fisher X180; HB-1947, Dennis O'Brien ff146; HB-1947, Anthony Cimini #163; and HB-1947, Joseph Grieco ff164.

DELETIONS HB-845, H. Sheldon Parker ff199; and HB-1845, Ulysses

Shelton #206.

On the question, Will the House agree to the motion? Motion was agreed to.

FILMING PERMISSION GRANTED The SPEAKER. The Chair announces that the Chair has

given permission to David Rosenhaum of the Daily Pennsyl- vanian to take still pictures on the floor of the House for a period of 10 minutes beginning now.

The Chair now reiterates the request of the chairman of the Appropriations Committee for an immediate meeting of the Appropriations Committee at the rear of the hall of the House.

I CALENDAR

I EDUCATION BILL ON FINAL PASSAGE POSTPONED

Agreeable to order, The hill having been called up from the postponed calendar

by Mr. O'DONNELL the House resumed consideration on final passage of House bill No. 715, printer's No. 795, entitled:

A Joint Resolution proposing an amendment to the Con- stitution of the Commonwealth of Pennsylvania removing certain restrictions on educational assistance.

The SPEAKER. This hill has been considered on three dif- ferent days and agreed to and is now on final passage.

The question is, Shall the bill pass finally?

I HB 715 TABLED

The SPEAKER. The Chair recognizes the gentleman from 'hiladelphia, Mr. O'Donnell.

Mr. O'DONNELL. Mr. Speaker, I move that HB 715 be placed Ipon the table.

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


Anderson Armstrong Arthurs Barber Bellomini Bennett Berlin Berson

Fryer Gallagher Gallen Gamble Gmia Gatski G ~ ~ E Y Geisler

Manderino Manmiller McCall McClatchy McIntyre McLane Mebus Meluskey

Scanlon Scheaffer Schmitt Schweder Scirica Seltzer Shuman Shupnik

3544 LEGISLATIVE

Bittinger George, C. Milanovich Sirianni Bittle Gwrge, M. Miller Smith, E. Borski Giammarco Milliron Smith, L. Brandt Goebel Moehlmann Spencer Brown Goodman Morris Spitz Burd Gray Mowery Stairs Burns Greenfield Mrkonic Stapleton Butera Greenleaf Mullen. M. P. Stewart Caltagirone Grim Musto Stuhan

Novak Sweet Caputa Halverson Cassidy Hamiltan Noye Taddonio Cessar Harper O'Brien, B. Taylor, E. Ciancidh Hasay O'Brien, D. Taylor, F. Cimini Haskell O%onnell Tenaglio Cohen Hayes. D. S. O'Domell Thomas Cole Hayes, S. E. O'Keefe Vrwn Cowell Helfriek Oliver Wansacz Davies Hoeffel Peterson Wargo DeMedio Hopkins Petrarca Wass DeVerter Hutchinson, W. Piccola Wenger DeWeese Itkin Pievsky White

Johnson Pitts Wiggins DiCarlo Dietz Jones Polite Wilson Dininni Katz Pott Wilt Dombrowski Kelly Pratt Wise

Klingaman Prendergast Wright, D. Donatucci Dorr Kolter Pyles wright, J L. Doyle Kowalyshyn Rappaport Yahner Duffy Kukavich Ravenstahl Yohn

Laughlin Reed Zearfoss Dumas Englehart Lehr Renwick Zeller Fee Letternan Richardson Zitterman Fischer, R. R. Levi Rieger Zord

Ritter Zwikl Fisher, D. M. Lincoln Flaherty Livengood Ruggiero Foster, A. Lague Ryan Irvis, Foster, W. Mackowski Salvatore Freind Madigan

'peaker

NAYS-1

Pancoast

NOT VOTING-22

Abraham Hutchinson, A. Miscevich Trello Beloff Kernick Mullen, M. M. Valieenti Brunner Knepper Parker Wagner Gillette Levin Rhodes Weidner Gleeson Lynch Shelton Williams Honaman McGinnis

The question was determined in the affirmative and the motion was agreed to.

The SPEAKER. The members will notice on their desks a supplemental calendar for Monday, December 12, 1977 - finance bill on second consideration, SB 782, PN 1473.

For the information of the members, obviously this is the important bill far this week's session, together with, of course, SB 1187. Both caucuses are requested to caucus on SB 782.

SUPPLEMENTAL CALENDAR FINANCE BILL ON SECOND CONSIDERATION

Agreeable to order, The House proceeded to second consideration of Senate Bill

No. 782, printer's No. 1473, entitled:

An Act amending the act of March 4,1971 (P. L. 6, No. 21, entitled "Tax Reform Code of 1971" extending the gross receipts tax t,, all produced in the ~ ~ ~ ~ ~ ~ ~ ~ l ~ h ; and pro. viding for reporting.

JOURNAL-HOUSE December 12,

And said bill having been considered the second time and agreed to,

Ordered, to be transcribed for third consideration.

COMMITTEE CHAIRMEN'S REPORTS PRESENTED The SPEAKER. The Chair instructs all committee chairmen

to send immediately to the clerk the attendance reports of all committee meetings which were held last week.

Mr. YAHNER, chairman of the Agriculture and Rural Af- fairs Committee, presented the following report:

Attendance Report

Wednesday, December 7,1977.

MAJORITY MEMBERS Present Absent Paul J. Yahner X Samuel W. Morris X Harold L. Brown X Thomas R. Caltagirone X Michael E. Cassidy X Kenneth J . Cole X William DeWeese X Lester Fryer X Margaret H. George X William Shuman X Ted Stuban X David Sweet X David R. Wright X Joseph R. Zeller X

MINORITY MEMBERS Reno Thomas X Walter F. DeVerter X William W. Foster X Joseph V. Grieco X William K. Klingaman, Sr. X Roger A. Madigan X Jess Stairs X Noah W. Wenger X Roy W. W i t X

Signed WM. SHUMAN Secretary

- ~ E S OF AGRICULTURE AND RURAL AFFAIRS COM. MITTEE FOR MEETING HELD WEDNESDAY DECEMBER 7,

1977ROOM 115A 9:30 A.M.

Meeting was called to order by Chairman Paul Yahner at 9:30 a.m. with attendance record as attached.

House Bill No. 104. Printers No. 117 was considered and was reported out as amended on a Rep. Wright, Rep. Shuman motion as per vote attached.

Corrected amendment is attached and it is to the attention of the Committee that a new printer's number will con- tain certain amendments to the bill itself.

Chairman Yahner read a letter received from Hanover Foods, announcing a dinner for Friday, Dec 9th in Danville. Rep. Steu- hen was appointed to represent the committee.

1977. LEGISLATlVE JOURNAL-HOUSE 3545

Chairman Yahner announced that the next meeting of the Committee will be a t 1:00 p.m. on Thursday, Dec. 15th concerning milk dealer bonding etc.

It was also announced that the subcommittee will meet to consider HB 103 at 11:OO a.m., Thursday, Dec. 15. The subcommittee is chaired by Rep. Morris with other members as follows: Rep. George, Foster, DeWeese and Madigan.

We had as guests representatives from the Penna. Savings Assn, Grange, Farmers Union, Penna. Farmers association, Food Processors; Secy of Agriculture representative and also Rep. Melusky and guests.

The meeting adjourned a t 10:30 a.m.

Sincerely yours, WILLIAM 0 . SHUMAN Secretary

Attendance Report

Wednesday, December 7, 1977.

MAJORITY MEMBERS Paul J . Yahner Samuel W. Morris Harold L. Brown Thomas R. Caltagirone Michael E. Cassidy Kenneth J. Cole William DeWeese Lester Fryer Margaret H. Georre

Present Absent X X X X X

X X X X

Kenneth J . Cole William DeWeese Lester Fryer Margaret H. George William Shuman Ted Stuhan David Sweet David R. Wright Joseph R. Zeller

MINORITY MEMBERS Reno Thomas Walter F. DeVerter William W. Foster Joseph V. Grieco William K. Klingaman, Sr. Roger A. Madigan Jess Stairs Noah W. Wenger Roy W. Wilt

YEAS-18 NAYS-2

NOT VOTING-3 Signed WM. SHUMAN Secretary

Bill Analysis

House Bill 104, Printer's No. 117 Prime Sponsor

Representative Samuel W. Morris

absent yea yea yea yea yea

absent yea

absent

will& Shuman X Ted Stuban X David Sweet

X David R. Wright Joseph R. Zeller X

MINORITY MEMBERS Reno Thomas X Walter F. DeVerter X William W. Foster X Joseph V. Grieco X

X William K. Klingaman, Sr. Roger A. Madigan X

X Jess Stairs Noah W. Wenger X Roy W. Wilt X

Harold L. Brown Thomas R. Caltagirone Michael E. Cassidy

This Act to be known as the "Agricultural Development Authority Act".

Creates a public corporation with a Board of Directors to manage the business of the corporation.

The general purpose of this authority is to be financially in- volved relative to agricultural activities and production.

The "Agricultural Development F u n d hereby created is to he a revolving fund continually used for the purposes of this Act.

The Subcommittee for H. B. 104 met on Tuesday, November 22, 1977, and agreed to amend this bill to change the purpose from the making of loans to the guaranteeing of loans. This change has received the whole-hearted support of the Pennsyl- vania State Bankers Association and re resentatives of major commercial banks operating within the 8 3 mmonwealth.

Mepared by: Committee: Agriculture and Rural Affair Name: Warren W. Lamm Date: December 6,1977


ROLL CALL

House Bill 104, Printer's No. 117

MAJORITY MEMBERS VOTE Paul J. Yahner yea Samuel W. Morris yea

yea ing 3 Amend Sec. 2, page 2, lines 1 and 2, by strikin out "Any per-

yea son engaged primarily in mising," and inserting taising, yea Amend Sec. 2, page 2, line 4, by striking out "An enterprise

AMENDMENTS TO HOUSE BILL NO. 104

Printer's No. 117 Amend Title, page 1, line 5, by striking out "make loans,

guarantees or" and insert guarantee loans or make Amend Bill, page 1, by inserting between lines 21 and 22

Section 2. Declaration,of purpose. The purpose of t h ~ s act 1s to assist farmers to acquire prop-

erty for the purpose of engaging in farming. These persons otherwise would be unable to make such purchases without the assistance and guarantees provided for in this act. Amend Sec. 2, page 1, line 22, hy striking out "2" and insert-

3546 LEGISLAnvE JOURNAL-HOUSE December 12,

. . - . - 16, page 17, line 17, by striking out "16"

17, page 17, line 26, by striking out "17"

18, page 18, l i e 8, by striking out "18"

19, page 18, line 12, by striking out "19"

which" and inserting A person, partnership, or family farm corporation who

Amend Sec. 2, page 2, line 5, by striking out "endeavors" and inserting activity

Amend Set;, 2, page 2, by inserting between lines 20 and 21 "Lender. Any, bank, savings bank, building and loan

assoclatlon or savlngs and loan assoclat~on or the seller of the property or any financial institution operating under the supervis~on of the farm credit administration. " ,, Amend Sec. 3, page 2, l i e 23, by striking out 3 and insert-

ing 4 Amend Sec. 3, page 2, line 30, by inserting a semicolon after

"chairman" Amend Sec. 3, page 2, line 30, by inserting a semicolon after

"Governor" Amend 5 r 3. page 2. line 30: and age 3. lines 1 t h r o u ~ h 8,

by striking out "and 12 additional" in Ene 30, page 2; all of lnes 1 through 8, page 3; and inserting the Chairman of the Senate Agriculture and Rural Affairs Committee or his designee; the Chairman of the House Agriculture and Rural Affairs Com- mittee or his designee; three farmers; one officer of a farm credit association; and two persons from a commercial lending institution ex rienced in agricultural financing to be r appointed by t e Secretary of Agnculture. Six members shall wnstitute a quorum.

Amend Sec. 4, page 4, line 17, by striking out "4" and inserting 5

Amend Sec. 5, page 5, line 3, by striking out "5" and inserting 6

Amend Sec. 5, page 6, line 21, by inserting after 'loan" guarantee

Amend Sec. 5, page 6, lime 25, by striking out "granted" and inserting uaranteed

Amendkc . 6, page 7, line 18, by striking out "6" and insert- - -

ing 7 Amend Sec. 6, page 7, lines 20 through 27, by striking out all

of said limes Amend Sec. 6, page 7, line 28, by striking out "(3)" and

inserting (1) Amend Sec. 6, page 7, line 30, b removing the period after

"enterprise" aned inserting for the !allowing purposes: (i) For capital expenditures relating to agricultural

activities including the ~urchasing of farm land, eauiu. - . . ment and livestock':

(ii) To refinance existing ohli ations created by capital I f expenditures relating to a ic turd activities including the urchasing of farm 1anGquipment. and livestock.

Amena)Sec. 6, page 8, line 1, by striking out "(4)" and inserting (2)

Amend Sec. 7, page 8, line 6, by striking out "7" and inserting R

exceed seven years if the loan is for the purchase of equipment, livestock, fertilizer, seed or other supplies normally used for farm operations.

Sect~on 10. Special provisions for loan guarantees. Upon the application by the borrower and the approval of the

authority, the authority may, during the first ten-year term of a loan pay to the lender an amount e ual to the lesser of:

(1) 112 of the annual interest 1 ue on the loan, or (2) 5% of the unpaid balance of the loan; and any sums

so paid to the lender shall constitute a debt of the borrower to the authority bearin interest at the same rate as the guaranteed loan and sh51 be re aid with such interest upon the final termination of such Ean or any renewal thereof with the privilege to the borrower to prepay in whole or in art at any time or from time to tune wlthout penalty.

, b e n d L C . 8, page 8, line 24, by striking out "8" and insert. mg 11

Amend Sec. 9, page 8, line 29, by striking out "9" and inserting 12


Amend Sec. 10, page 10, line 1, by striking out "for loans or" and inserting to guarantee loans or rovide

Amend Sec. 10, page 10, line 4, py striking out 'loans" and inserting loan guarantees

Amend Sec. 11, page 10, l i e 24, by striking out "11" and inserting 14

Amend Sec. 12, page 11, line 4, by striking out "12" and inserting 1 5



Amend Sec. 15. uaee 14. l i e 23. by striking out "15" and inserting 18

Amend Sec. inserting 19



Amend Sec. inserting22 -

ROLLCALL

House Bii 104, Printer's No. 117

- Amend Sec. 7, page 8, l i e 7, by striking out "make loans," Amend Sec. 7, page 8, line 13. by inserting after 'loan''

guarantee Amend Sec. 7, page 8, line 16, by striking out 'loans" and

inserting loan guarantees Amend Sec. 7, page 8, l i e 19, by strikin out "the loaning of 7 an funds" and inserting guaranteeing any oan L e n d Bii, pa e 8, b Inserting between lines 23 and 24 Section 9. ~ligigility &r loan guarantees; limitations.

(a) To be eligible for a loan guarantee the applicant shall: (1) have net worth not in excess of $50.000: (2) have sufficient education, training or experience to

partlc~pate m the type of f a r m i g operation he intends to

and

and

and

and

MAJORITY MEMBERS p a u l ~ , yahner Samuel W. Morris Harold L. Brown ~h~~~~ R, caltagirone Michael E. Cassidy Kenneth J . Cole william

Fryer Margaret H. George

pursue; (3) participate in an accepted farm management pro-

gram for the term of the loan guarantee; and (4) be a resident of or incorporated in the Common-

wealth. (b) The authority may guarantee up to 90% of a loan for an

agricultural enterprise not to exceed $150,000 for each enterprise if the loan is used to purchase real estate for agricultural purposes.

(c) Notwithstanding the limitation in subsection (b), the authority may uarantee an additional loan not to exceed $50,000 for eac! agricultural enterprise for a term not to

VOTE yea yea yea yea yea

absent yea yea yea yea yea

absent yea

absent

William Shuman Ted Stuban DavidSweet David R. Wright JOse~hR.Guer

MINORITY MEMBERS Reno Thomas WalterF.DeVerter William W. Foster

1977. LEGISLATZVE JOURNAL-HOUSE 3547

Joseph V. Grieco yea William K. Klingaman. Sr. yea Roger A. Madigan yea Jess Stairs yea Noah W. Wenger yea Roy W. Wilt yea

YEAS-18 NAYS-2

NOT VOTING-3


Mr. PIEVSKY, chairman of the Appropriations Committee, presented the following report:

Attendance Report

November 7,1978.

ROLL CALL

Senate Bill 1187, Printer's No. 1484

MAJORITY MEMBERS Frank Oliver Joel Johnson, Subcommittee Chairman Amos Hutchinson, Subcommittee Chairman Bernard Dombrowski Joseph Ted Doyle Thomas Fee Helen Gillette James Goodman Ivan Itkin Joseph Kolter Martin Mullen Raphael Musto Joseph Petrarca James Prendergast Samuel Rappaport Fred Shuonik

MAJORITY MEMBERS Mr. Chairman, Max Pievsky Frank Oliver Joel Johnson, Subcommittee Chairman Amos Hutchinson, Subcommittee

Chairman Bernard Dombrowski Joseph Ted Doyle Thomas Fee Helen Gillette James Goodman Ivan Itkin Joseph Kolter James J. Manderino Martin Mullen Raphael Musto Joseph Petrarca James Prendergast Samuel Rappaport Fred Shupnik John Wansacz Joseph Wargo

MINORITY MEMBERS

Present X X X

absent yea yea

absent absent

yea yea

absent yea

absent yea

Absent

H. Jack Seltzer, Min. Chairman I AMENDMENTS TO SENATE BILL NO. 1187 Harry Bittle X James Gallen X Printer's No. 1484

John Wansacz Joseph Wargo MR. CHAIRMAN, Max Pievsky James Manderino

MINORITY MEMBERS H. Jack Seltzer, Minority Chairman Harry Bittle James Gallen John Hamilton H. Harrison Haskell Charles Mebus Frank O'Connell Sheldon Parker L. Eugene Smith Benjamin Wilson James Wright

YEAS-24 NAYS-1

ABSENT-6

Signed MAX PIEVSKY H. JACK SELTZER

John Hamilton H. Harrison Haskell Charles Mebus Frank O'Connell Sheldon Parker L. Eugene Smith Benjamin Wilson James Wright X


Amend Sec. 1 (Sec. 2), page 2, line 21, by striking out all of said line and insertine 2.000.000

I - . .

Amend Sec. 1 (Sec. 2), page 3, line 9, by striking out all of said line and inserting 1,900,000

Amend Sec. 1 (Sec. 2), page 3, l i e 28, by striking out all of said line and inserting 14,052,000

Amend Sec. 1 (Sec. 2), page 3, by inserting between lines 28 nnd 29

IFor payment of rcimbursrmrnt to legally cons t~ru t~d law enforcement agencies for ken- I--- --

I nel construction . . . . . . . . . . . . . . . . . . . . . . . . 50,000 For the control of stem rust of wheat, oats,

barley and rye by the eradication of rust

3548 LEGISLATIVE JOURNAL-HOUSE December 12,

spreading &berry bushes and providing for payment thereof to counties making like

. . . . . . . . . . . . . ex ndituresof county funds. 20,0001 !&end Set. 1 (&c. 2), Page 4, by inserting between lines 10

and 11 To the Department of Commerce

For salaries, wages and all necessary ex- nses for the ro er administration of the

artment o? ebmmerce including the fofowing: tourism and travel development, in- dustrial development, scientific and tech- nological development and international trade [4,759,0001

4,459,000 , , *

For site development . . . . . . . . . . . . . . . . . . . . [1,000,000] 850,000 . + e

Amend Sec. 1 (Sec. 2), page 4, line 12, by striking out all of said line and inserting

For the salaries, wages and all necessary expenses for the roper administration of the

80 Department of mmunity Affairs, including community action assistance, housing. and redevelopment, area-w~de services, mnmc~pal administrative support capability, local recrea- tion areas and facilit~es and mmmunity development planning [5,900,000] . . . . . . . . . . . . . . . . . . .

5'700'000 Amend Sec. 1 (Sec. 2), page 4, by inserting between lines 17

""A 1 Q


Amend Sec. 1 (Sec. 2), page 6,by inserting after line 30 For topographic and geolosc survey, . , [1,500,0001

1,400,000 * . *

Amend Sec. 1 (Sec. 2), page 7, by inserting between lines 6 and 7

. . . . . . . . . . . . . . . . For land protection [2,409,000] 2,309,000

b e n d sc. 1 (sc. 2), page 7, by inserting between lines 7 ,d 8

For air quality and noise control . . . . . . [2,980,000] 2,830,000


Amend Set. 1 ( s c . 2), page 7, by inserting between lines 19 and 20

To rovide grants for rat control programs incluing, but not limited to, extermination measures, improvement of refuse collection and garbage collections, services and community educational activities designed to pro- mote participation and support of the programs by residents and property owners. . . . . [500,000]

350,000 For Appalachian Trail Preservation . . . . . . .

- [500,0001 100,000 - -.w 2"

To the Council on Drug and Alcohol Abuse For the salaries, wages and all necessary ex-

penses for the proper conduct of the Council on Drug and Alcohol . . . . . . . . . . . . . . . . . . . . [2,250,0001

2,225,000 * * *

* .

* . * To the Department of General Services

For replacement of vehicles . . . . . . . . . . . . . [784,0001

* * A

200,000



For the District Justice Education Program . . . . . . . . . . . . . . . . . . . . . . . . . . [ 2 ~ 0 , ~ 0 1

190'000 Amend Sec. 1 (Sec. 2), page 5, line 3, by s t r i k i n g o u t of

said l i e and inserting - 120,000 Amend Sec. 1 (Set. 2), page 5, by inserting between lines 7

and 8 For the purchase of books for the State

Library . . . . . . . . . . . . . . . . . . . . . . . . . . . [125,000] 100,000

Amend Sec. 1 (Sec. 2), page 6, line 7, by s t r i k i n g said line and inserting 1,293,500,000

Amend Sec. 1 (Sec. 2), page 6, lines 9 through 13, by striking out all of said line and inserting

For payment of the Commonwealth's share of the a proved o rating costs and lease pay- Y Lr . . . . . . . . . . . . . . ments o Interme ate unlts. [7,452,000]

7,193,000 * * * For payment of required contribution into

the contin ent reserve and sup lemental ac- counts of t fe Public School ~mpEyees' Retire- ment Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . [160,760,000]

158,760,000 [In addition to the regular contribution to the retirement

fund, this ap ropriation includes $2,000,000 for continued re ayment o f past underfunding of the Commonwealth's obtgations. This repayment will reduce the original deficit of $90,000,000 to $59,000,000.

It is the specific intent of the General Assembly to pay this deficit at the rate of $9,000,000 a year for five years and $7,000,000 the sixth year to reduce the balance to zero.]

. . . Amend Sec. 1 (Sec. 2), page 7, line 26, by striking out all of

said line and inserting 2,140.000

Amend kc. 1 (See. 2), page 8, line 23, by striking out d of said line and inserting 5,250,000

and Amend 25 Sec. 1 (Sec. 2), page 8, by inserting between lines 24

For general overnment operations ~ t t o r n e ~ 8eneral .:. [464,0001 . . . . . . . . . . . . . . . . .

439,000 Comptroller. . . . . . . . . . . . . . . . . . . . . . . . 1301,000]

276,000 - . . . . . . . . . . . . . . . . . . . . Regional Offices [1,386,000]

1,346,000

. . . . . . . . . . . . . . . . Community Advocate [373,000] 348,000

Management . . . . . . . . . . . . . . . . [691,000] - 666,000

Criminal Law. [176,000] . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . 166,000

Investigations - [575,000] 550,000

. . . . . . . . Governor's Justice Commission [510,000] 485,000

. . . . . . . . . . . . . . . . . . . . . . . . . . -

Civil Law [1,793,000] 1,768,000

Consumer Protection. . . . . . . . . . . . . . . . . [1,185,000] 1,085,000 . .

ansumer protection office - fjcranton . . . 100,000 Amend Sec. 1 (Sec. 2), page 8, line 28, by striking out allof

and inserting?!%!?!! Amend Sec. 1 (See. 2), page 8, by inserting between lines 29

and 30

1977. LEGISLATIVE JOURNAL-HOUSE 3549

I ROLL CALL

AMENDMENTS TO SENATE BILL NO. 1187 Senate Bill 1187, Printer's No. 1484

For the operation, maintenance and administration . . of the State Correctional In- s t ~ t u t ~ o n s . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [71,540,0001

71,000,000 . . . For the operation, maintenance and

administration of the community service eenters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [2,100,0001

2,050,ooo


For the operation and maintenance of theHollidayshurgVeterans'Home. . . . . . [917,000]

800,000 Amend Sec. 1 (Sec. 2), page 9, by inserting between lines 20

and 21 For salaries, wages and all necessary ex- nses for the roper admmistration of the

Epar tment of Fuhlic Welfare including but not limited to, health services support and development, mental health systems, services to the communities, fanuly support services, mental retardation systems and Income maintenance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [18,500,0001

. + * 18,000,000

For the provision of community based programs and facilities for youth offenders . . . . . [1,812,000]

1,712,000 * For the operation, maintenance and adminis-

tration of the State institutions for the . . . . . . mentally ill and the mentally retarded. [347,102,0001

347,000,000 Amend Sec. 1 (Sec. 2), page 10, line 2, by striking out all of

said line and inserting 21,600,000 Amend Sec. 1 (Sec. 2), page 10, by inserting between lines 9

and 10 For the purpose of developing, operat-

ing and purchasing social services . . . . . . [2,533,000] 2,483,00° . + *

Amend Sec 1 (See. 2), page 10, line 17, by striking out all of said line and mser t ig 48,810,000

Amend Sec. 1 (Sec. 2), page 10, line 18, by striking out all of said line and inserting

For the distribution of public utility realtytax . . . . . . . . . . . . . . . . . . . . . . . . . [28,500,0001

28,575,000 Amend Sec. 1 (Sec. 2), page 11, lime 13, by striking out all of

said line and inserting 29,000,000 Amend Sec. 1 (Sec. 2), page 12, by inserting between lines 25

and 26

111. JUDICIAL DEPARTMENT . * Court Administrator, including the expenses

of the Judicial Council of Pennsylvania and the District Justice Administrator created by the act of July 15,1976 (P. L. 1014, NO. 204) . [1,198,000]

* * * 1'098'000

Printer's No. 1484 M A J O R ~ ~ y MEMBERS VOTE yea

Joel ~ ~ h ~ ~ ~ ~ , subcommittee chairman yea Department, Amos Hutchiison, Subcommittee Chairman nay

Amend Sec. 2 (Sec. lo), page 13, line 2, by inserting after "Department" and the Judicial Department

ROLL CALL H o w Bill 1187, Printer's No. 1484

MAJORITY MEMBERS VOTE Frank Oliver nay Joel Johnson, Subcommittee Chairman nay Amos Hutchison, Subcommittee Chairman nay Bernard Dombrowski yea Joseph Ted Doyle nay Thomas Fee yea Helen Gillette yea James Goodman nay Ivan Itkin nay Joseph Kolter yea Martin Mullen absent Raphael Musto yea Joseph Petrarca yea James Prendergast nay ~ a m u e l ~appapor t nay Fred Shupnik nay John Wansacz nay Joseph Wargo nay Mr. Chairman, Max Pievsky nay James Manderino absent

MEMBERS H. Jack Seltzer, Minority Chairman absent Harry Bittle nay James Gallen nay ~~h~ Hamilton absent H. Harrisnn Haskell absent Charles Mebus nay Frank O'Connell nay Sheldon Parker absent L, Eugene Smith nay Benjamin Wilson absent James Wright yea

YEAS-7 NAYS-17

ABSENT-7


AMENDMENTS TO SENATE BILL NO. 1187

Printer's No. 1484

b e n d ~ e ~ , 1 (sc, 2), page 6, lines 20 through 28 by striking out all of said lines


Bernard Domhrowslu yea I CONSERVATION COMMITTEE Joseph Ted Doyle Thomas Fee Helen Gillette James Goodman Ivan Itkin Joseph Kolter Martin Mullen Raphael Musto Joseph Petrarca James Prendergast Samuel Rappaport Fred Shupnik John Wansacz Joseph Wargo Mr. Chairman, Max Pievsky James Manderino

MINORITY MEMBERS H. Jack Seltzer, Minority Chairman Harry Bittle James Gallen John Hamilton H. Harrison Haskell Charles Mebus Frank O'Connell Sheldon Parker L. Eugene Smith Benjamin Wilson James Wright

The Conservation Committee held no meetings or other activities during the period December 5th through December 9th, 1977.

I THOMAS J. FEE

Mr. SCHMITT, chairman of the Consumer Affairs Com- mittee, presented the following report:

Weekof December 5,1977.

No committee meetings were held during this week.

Signed C. L. SCHMITT Chairman

Yea I Mr. GALLAGHER, chairman of the Education Committee, absent presented the following report:

yea 1 vea

December 12,1977.

James J . A. Gallagher, Chairman absent Education Committee

absent absent

yea

absent During the week of December 5, 1977, the Committee on Education, held no hearings or conducted no meetings.

yea Yea 1

SUBJECT: Committee Activities

TO: Hon. K. Leroy Irvis, Speaker

Mr. RENWICK, chairman of the Game and Fisheries Com- mittee, presented the following report:

- MAX PIEVSKY H. JACK SELTZER I To:

Honorable K. Leroy Irvis Speaker

Mr. BENNETT, chairman of the Business and Commerce FROM: William F. Renwick. Chairman

Committee. presented the followine rewrt: Committee on Game & Fisheries

port Mrs. KELLY, chairman of the Health and Welfare Com-

TO: Honorable K. Leroy Irvis, Speaker mittee, presented the following report:

- . December 12,1977.

SUBJECT: Business & Commerce Committee Meeting Re-

FROM: Honorable Reid L. Bennett, Member December 12,1977. Chairman, Business & Commerce Committee

SUBJECT: Weekly Committee Meeting Report

The Committee on Game and Fisheries did not hold any meetings the week of December 5,1977.

The Business & Commerce Committee did not hold any meet- TO: ings during the week of December 5,1977. The Speaker of the House of Representatives

The Conservation Committee held no meetings or other activities during the period November 29 through December 5, 1977.

Mr. FEE, chairman of the Conservation Committee, presented the following report:

CONSERVATION COMMITTEE

ANITA P. KELLY Chairman Committee on Health and Welfare

FROM: Anita P. Kelly, Chairman Committee on Health and Welfare

During the week of December 5, 1977, there were no meetings of the Committee on Health and Welfare.


Mr. KOWALYSHYN, chairman of the Insurance Committee presented the following report:

SUBJECT: Insurance Committee Minutes

TO: Insurance Committee Members

FROM: Russell Kowalyshyn, Chairman

The Chairman presiding called meeting Number 14 to order on Wednesday, December 7, 1977 at 11:30 a.m. The secretary then called the roll (See Attached Sheet).

The first order of business was the Calling of House Bill 996, Printer's Number 1167. The prime sponsor of the bill, Repre- sentative Laughlin, discussed his proposed amendatory language. This bill was also discussed by Mr. Ron Pott of the Insurance Federation of Pennsylvania, Inc. After Committee discussion, Mrs. Gillette, seconded by Mr. Hutchinson, moved to adopt the amendment (attached) and to report the hill as amended. Motion passes 19-0 (See Vote 1 Attached).

The second order of business was the calling of Senate Bill 320, Printer's Number 322. The Chairman allowed extensive discussion on this bill. After an hour of discussion by the Com- mittee members and others interested, Mr. Taylor, seconded by Mr. McLane, moved to adopt the attached amendment. Motion passes 21-0 (See Vote 2 Attached). Mr. Zearfoss, seconded by Mr. Milliron, then moved to strike the words "or disability" from the amendment, Section 1, line 3. Motion passes 21-0 (See Vote 3 Attached.) Following this vote, Mr. Zearfoss, seconded by Mr. Mowery, moved to amend Section 1 of the bill bv adding - after the word "certified" on line 18, page 1, "pursuant to the act of March 23, 1972 (P. L. 136, No. 52.)" Motion fails 9-12 (See Vote 4 Attached). Mr. Zearfoss, seconded by Mr. Halver- son, then moved to add the words "medically necessary" on line 12, page 1 of the hill after the word "any." Motion fails 6-15 (See Vote 5 Attached).

Mr. McLane, seconded by Mrs. Gillette, moved to report the hill out of Committee as amended. Motion passes 20-1 (See Vote 6 Attached).

MAJORITY MEMBERS Present Absent MR. CHAIRMAN, Russell Kowalyshyn X Helen Gillette X Michael Schweder X Robert Borski X Roger Duffy X Ronald Gatski X Henry Giammarco X Ruth Harper X Amos Hutchinson X Henry Livengood X William McLane X John Milliron X C. L. Schmitt X Fred Taylor X

MINORITY MEMBERS Herbert Zearfoss X Michael Fisher X A. Carville Foster X Eugene Geesey X Kenneth Halverson X William Mackowski X Roger Madigan X Harold Mowery X Peter Vroon X

AMENDMENTS TO HOUSE BILL NO. 996

Printer's No. 1167

Amend T~tlc. page 1. 11nt.t. 5 through 7, by str~klng ou t dl1 of sald llnes and inserting further provldlng for llrn~tat~ons on rht. cancellation and failure to write or renew certain policies. I Amend Sec. 1. page 1, lme 10, by strikinp out 'The" and inserting Section 3.- -

- Amend Sec. 1, page 1, line 14, by striking out "by adding a

section" Amend Bill, page 1, lines 15 through 20; page 2, lines 1

through 18, by striking out all of said lmes and inserting Section 3. (a) No insurer shall cancel or refuse to write or

I renew a policvof automobile insurance solelv because of the In addition to Committee members and staff, those present

a t the meetingincluded: R. C. Steppacher, Pennsylvania Psychiatric Society; Donald

N. McCoy, Pennsylvania Psychiatric Society; Bill Conrad, Pa. .bsoc. of Community MHlMR Providers; Marilyn Mennis, Pa. .bsoc. of Community MHlMR Providers; William Wilson, Pa. Psychological Association; Donald Watkins, Pa. Psychological Association; Robert Buckalew, Pa. Psychological Association; Kay Spencer, Senator O'Pake's Office; Patricia Bricklin, Pa. Psychological Association; Ralph Tive, Pa. Psychological Asso- ciation; A. W. Adee, Educator's Mutual Life Insurance Co.; R. L. Rubendall, Pa. Blue Shield; E. J . Shreiner, Pa. Blue Shield; William Williams, Provident Mutual Life Insurance Co.; Ronald Pott, Insurance Federal of Pa.; Gayle Carter, Pennsyl-

age, residence, race, color, creed, national origin, ancestry or lawful occupation (including the militar service) of anyone who is or seeks to become insured or soyelly because another insurer has refused to write a policy, or bas cancelled or has refused to renew an existing policy in which that person was the named insured.

p,) N~ insurer shall cancel or refuse to write or renew a policy of automobile insurance for two or fewer moving tions during a twenty.four month period when the operator,s record indicates that.the named insured presently bears five points or fewer: Provided, That this provision shall not apply under the following conditions:

(1) All five points were incurred from one violation. (2) The driver's license or motor vehicle registration of

the named insured has suspended Or revoked as a

vania Insurance Department; Robert ~ r c h e r , ~ennsylvania Insurance Department; and Jim Barnes, House Staff.

The meeting was adjourned a t 1:00 p.m.

Attendance Report

be^ 7,1977,

the Or

(c) The applicability of subsection (h) to one who either is a resident in the same household or who customarily operates an

the insurer thereafter excluding such individual from coverage under the policy, but not for cancelling the policy.

3552 LEGISLATIVE JOURNAL-HOUSE

(d) Aa used in subsection (b) of this section, "points" shall mean points as set forth in Chapter 15 (relating to licensing of drivers) of Title 75 of the Pennsylvania Consolidated Statutes (relating to motor vehicles).

Amend Sec. 1 (Sec. 2.1), page 2, line 23, by striking out ''sub. sections (a), (b), (c) and (dY' and inserting subsection (a) or (h)

AMENDMENTS TO SENATE BILL NO. 320

YEAS-21 NAYS-0

NOT VOTING-2

Roger Duffy Ronald Gatski Henry Giammarco Ruth Harper Amos Hutchinson Henry Livengood W i a m McLane John Milliron

Printer's No. 322

Amend Bill, pa e 1, by insertin between l i e s 4 and 5 Section 1. (a) d i s act shall a p p b to every group or individual

policy, contract, or certificate issued thereunder, of health, or sickness, or accident, or disability insurance delivered or issued for delivery within the Commonwealth including but not limited to:

(1) Any stock insurance company as defined in section 202(c) (4) and ( l l ) , act of May 17, 1921 (P. L. 682, NO. 284), known as 'The Insurance Company Law of 1921."

(2) An mutual insurance company as defined in section 202(d) (1) of 'h e Insurance Company Law of 1921."

(3) Any hospital plan corporation as defined in Chapter 61 of Title 40 of Pa.C.S.

(4) Any professional health services plan corporation as defined in Chapter 63 of Title 40 Pa.C.S.

(5) Any fraternal benefit societies as de f ied in Chapter 65 of Title 40of Pa.C.S.

(6) Any voluntary nonprofit health service plan as defined in the act of December 29, 1972 (P. L. 1701, No. 364), known as the "Voluntary Nonprofit Health Service Act of 1972."

(7) Any person which sells or issues contracts or certificates of insurance which meet the requirements of this act.

(b) This,act shall apply to all such policies, contracts or certificates issued, renewed, modified, altered, amended or reissued on or after the effective date of this act.

Amend Sec. 1, page 1, line 5, by striking out "1." and inserting 2.

Amend Sec. 1, page 1, l i e s 5 through 11, by striking out "Notwithstanding any provision of a group or" in line 5, all of lines 6 through 10, and "Commonwealth, whenever such" in line 11, and inserting Whenever a

Amend Sec. 1, page 1, line 13, by striking out "or certified" Amend Sec. 1, page 1, line 16, by striking out "doctor of

medicine" and inserting hysician Amend Sec. 1 , page l,fine 17, by steking out "duly certified" Amend Sec. 1, page 1, line 18, by strikm out "or certified" Amend Sec. 1, page 1, line 18; page 2,fines 1 through 3 by

striking out "The provisions of this" in line 18, page 1 and all of lines 1 throu h 3, page 2

Amend Bi If ,page 2, by inserting between lines 3 and 4 Section 3. The Insurance Cammissloner shall promulgate

such rules and regulations as are deemed necessary for the effective im lementation and operation of this act. Public hearings shall k held prior to the promulgation of any such regulation, including a verbatim transcript and cross-examination of all witnesses in accordance with applicable rules of rocedure, unless such regulation or amendment is insubstantial!

Amend Sec. 2, page 2, line 4 by striking out "2." and inserting 4.

Amend Sec. 2, page 2, line 4 by striking out "immediately" and inserting in 60 days.

ROLL CALL

House Bill 996

MAJORITY MEMBERS VOTE MR. CHAIRMAN, Russell Kowalyshyn yea Helen Gillette yea Michael Schweder yea Robert Borski nv

December 12,

C. L. Fred Taylor

MINORITY MEMBERS Herbert Zearfoss Michael Fisher A. CarvilleFoster Eugene Geesey Kenneth Halverson William Mackowski Roger Madigan Harold Mowery Peter Vroon

YEAS-19 NAYS-0

NOT VOTING-4

ROLL CALL

Senate Bill 320

MAJORITY MEMBERS CHAIRMAN, RussellKowalyshyn

HelenGillette ~ i ~ h ~ ~ l &hweder Robert Borski Roger Duffy ~ o ~ ~ l d ~ ~ t ~ k i

Giammarco Ruth Harper Amos Hutchinson Henry Livengood William McLane ~~h~ wlliron C. L, Schmitt Fred Taylor

MINORITY MEMBERS Herbert Zearfoss Michael Fisher A. Carville Foster Eugene Geesey Kenneth Halverson William Mackowski Roger Madigan Harold Mowery Peter Vroon

1977. LEGISLATIVE JOURNA1.-HOUSE 3553

ROLL CALL

Senate Bill 320 amendments

MAJORITY MEMBERS MR. CHAIRMAN, Russell Kowalyshyn Helen Gillette Michael Schweder Robert Borski Roger Duffy Ronald Gatski Henry Giammarco Ruth Harper Amos Hutchinson Henry Livengood William McLane John Million C. L. Schmitt Fred Taylor


YEAS-21 NAYS-0

NOT VOTING-2

ROLL CALL

Senate Bill 320

MAJORITY MEMBERS MR. CHAIRMAN, Russell Kowalyshyn Helen Gillette Michael Schweder Robert Borski Roger Duffy Ronald Gatski Henry Giammarco Ruth Harper Amos Hutchinson Henry Livengood William McLane John Milliron C. L. Schmitt Fred Taylor

MINORITY MEMBERS Herbert Zearfoss Michael Fisher A. Carville Foster Eugene Geesey Kenneth Halverson William Mackowski

VOTE yea yea yea nv yea yea

Roger Madigan nay Harold Mowery yea Peter Vroon yea

YEAS-9 NAYS-12

NOT VOTING-2

ROLL CALL

Senate Bill 320

MAJORITY MEMBERS MR. CHAIRMAN, Russell Kowalyshyn Helen Gillette Michael Schweder Robert Borski Roger Duffy Ronald Gatski Henry Giammarco Ruth Harper Amos Hutchinson Henry Livengood William McLane John Milliron C. L. Schmitt Fred Taylor

MINORITY MEMBERS Herbert Zearfoss Michael Fisher A. Carville Foster Eugene Geesey Kenneth Halverson William Mackowski Roger Madigzi~

: Harold Mowery Peter Vroon

YEAS-6 NAYS-15

NOT VOTING-2

I ROLL CALL

I Senate Bill 320

MAJORITY MEMBERS MR. CHAIRMAN, Russell Kowalyshyn Helen Gillette Michael Schweder Robert Borski Roger Duffy Ronald Gatski Henry Giammarco Ruth Harper Amos Hutchioson Henry Livengood William McLane John Milliron C. L. Schmitt Fred Taylor

VOTE nay nay nay nv yea nay nay nay nay nay nay nay nay nay

3554 LEGI5LATIVE JOURNAL-HOUSE December 12,


YEAS-20 NAYS-1

NOT VOTING-2

Attendance Report

MAJORITY MEMBERS Present Absent MR. CHAIRMAN, Russell Kowalyshyn Helen Gillette Michael Schweder Robert Borski Roger Duffy Ronald Gatski Henry Giammarco Ruth Harper Amos Hutchinson Henry Livengood William McLane John Milliron C. L. Schmitt Fred Taylor


Mr. BERSON, chairman of the Judiciary Committee, pre. sented the following report:

December 2,1977.

SUBJECT: Judiciary Committee Meetings

TO: Office of the Speaker

FROM: Norman S. Berson, Chairman

No meetings were scheduled by the Judiciary Committee during the weekof November 28,1977.

November 28,1977.

SUBJECT: Judiciary Committee Meeting

TO: All Members - Judiciary Committee

FROM. Norman S. Berson, Chairman

A meeting of the Judiciary Committee will take place as follows: TIME: 11:OOA.M. PLACE: Room 401, Main Capitol DATE: December 5,1977 -Monday

The agenda will include the following bills: House Bills 652,1490,1205,1177,1466& 1395 Senate Bills 1000,1001 & 236 Analyses of the hills will be distributed at the time of the

meeting.

December 5,1977.

SUBJECT: Judiciary Committee Action for the weekof December 5,1977

I TO: Representative K. Leroy Irvis, Speaker

I FROM: Representative Norman Berson

The Judiciary Committee conducted a meeting on December 5, 1977 in Room 401 at 11:OO a.m. and in compliance with The Rules of the House and The Sunshine Act.

The following legislative action was taken at that time: Senate Bill 1000 (P.N. 1155) - Reported out as committed

(12-0) Senate Bill 1001 (P.N. 1156) - Reported out as committed

(12-0) Senate Bill 236 (P. N. 1488) - Reported out as amended to

refer to printer's number 238 (12-0) House Bill 1205 (P.N. 1427) - Reported out as amended

(12-0) House Bill 1490 (P. N. 1780) - Reported out as committed

(12-0) House Bill 1396 (P.N. 1395) -Reported as amended (12-0) The attendance at the meeting was as follows: (Request for

reimbursement was not submitted due to being in session later in the day).

Norman Berson, Joe Rhodes, Stewart Greenleaf, William Hutchinson, James Manderino, Bob O'Donuell, Anthony Scirica, Warren Spencer, John White, William Yohn, Thomas Stapleton and Allen Knkovich.

Mr. VALICENTI, chairman of the Labor Relations Com- mittee, presented the following report:

I December 12,1977.

SUBJECT: Labor Relations Committee Meeting December 6,1977

I TO: Speaker K. Leroy Irvis


December 6,1977.

FROM: A. Joseph Valicenti, Chairman Labor Relations Committee

A meeting was held by the House Labor Relations Committee on Tuesday, December 6, 1977, at 10:OO a.m., in Room 115-A. A roll-call was taken and it was noted that eight memhers were physically present. However, Vice-Chairman, Representative Musto, accepted proxies for the following Representatives: Caputo, Beloff, Gray, Wiggins, Donatucci, and Flaherty, which were accepted without objection.

The Chairman asked those present if there were any ob- jections to gathering of information while awaiting the late ar- rivals. There was no objection presented. Mr. Lou Shaeffer and Mr. Ed Yost from the State Civil Service Commission were introduced by Representative Musto and they gave the memhers information concerning House Bill #1446, Printers' No. 1718, which was to he considered by the full committee. It was noted that only 86 people according to Civil Service Com- mission computer information, would be affected by this bill.

After presentation by Mr. Schaeffer and Mr. Yost, the Chair- man asked if there were enough for a quorum. It was noted that there was not. Representative Valicenti, the Chairman, announced that the Committee would he in recess and any members arriving late would he permitted to be added to the roll-call and vote on the bill. The meeting was held open for an additional half hour and i t was noted that six additional memhers were added to the roll-call, namely, Caputo, Beloff, Gray, Wiggins, Donatucci, and Flaherty.

At this time, Representative Polite made a motion to report the hill out of cummittee, as committed, and was seconded by Representative Giammarco. There were 14 yea's and 0 no's. House Bill #I446 was reported from Committee, as committed.

A motion was made by Representative Novak to adjourn the meeting at 10:45 a.m. and seconded by Representative Giam- marco. The Chairman adjourned the meeting at 10:45 a.m.

Attendance Report

MAJORITY MEMBERS Present Absent MR. CHAIRMAN, A. J . Valicenti X Raphael Musto X

Marvin Miller John Davies James Knepper Carville Foster Ron Goebel X

Signed EDWARD WIGGINS Secretary

ROLL CALL


MAJORITY MEMBERS MR. CHAIRMAN, A. J . Valicenti Raphael Musto Charles Caputo Leland Beloff ThomasFlaherty Henry Giammarco Clifford Gray James Mchtyre MichaelMullen Bernard Novak William Stewart Edward Wiggins Ronald Donatucci Michael Cassidy

MINORITY MEMBERS Forest Hopkins Roosevelt Polite Stewart Greenleaf Marvin Miller John Davies James Knepper A. Carville Foster Ronald Goehel

YEAS-14 NAYS-0

NOT VOTING-8

Signed EDWARD WIGGINS Secretarv

VOTE yea yea yea yea yea yea yea yea

absent

yea absent

yea yea

absent

absent yea yea

absent absent absent absent

yea

Charles Caputo Leland Beloff

X X Mr. BARBER, chairman of the Liquor Control Committee,

Thomas Flahertv X I presented the following report: Henry Giammarco Clifford Gray James Mchtyre Michael M d e n Bernard Novak William Stewart Edward Wiggins Ronald Donatucci Michael Cassidy

MINORITY MEMBERS Forest Hopkins

November 28,1977.

The Honorable K. Leroy Irvis Speaker Room 139 Main Capitol Building Harrisburg, Pennsylvania 17120

X I Dear Lee: X

Please he advised that during the week of November 21, 1977 X there were no committee meetings held for the Liquor Control

Roosevelt Polite Stewart Greenleaf

X Committee. X Thank you.

Dear Lee: I Fred Milanovich X


The Liquor Control Committee held a meeting on Thursday, December 8,1977.

Enclosed please find a copy of the materials pertaining to the meeting.

Sincerely yours, JAMES D. BARBER Chairman Liquor Control Committee

December 6,1977.

The Honorable K. Leroy Irvis Speaker Room 139 Main Capitol Building Harrisburg, Pennsylvania 17120

Dear Lee:

Please be advised that during the week of November 28,1977 there were no committee meetings held for the Liquor Control Committee.

Thank you.

Sincerely, JAMES D. BARBER Chairman Liquor Control Committee

December 12,1977.

The Honorable K. Leroy Irvis, Speaker Room 139 Main Capitol Building Harrisburg, Pennsylvania 17120

Bid Rieger Ulysses Shelton John White

MINORITY MEMBERS CHAIRMAN, John Hamilton

made by Representative O'Comd to report the bill out of Corn- mittee and was seconded by Representative McCall. A vote waa taken and the bii was reported out unanimously.

The Committee was also informed that they would bold Pub- lic Hearings on House Bi 606 throughout the State beginning next year,

The Chairman announced that all non wmmittee members must in the future contact his office if they are interested in presenting information during the meeting regarding the agenda.

There being no further discussion, the meeting was adjourned a t 11:40 by the Chairman.

Respedfully submitted,

Attendance Report

December 8,1977.

MAJORITY MEMBERS Present Absent MR. CHAIRMAN, James Barber X John Wansacz, Vice Chairman X Tom Flaherty, Secretary X Jack Brunner X Tom Caltagirone X Ron Donatucci X A1 Dumas X Ron Gatski X Tom McCall X Jim McIntyre X

I Pat McGinnis December 14,1977. ~~~l smith

Sincerely, JAMES D. BARBER Chairman Liquor Control Committee

SUBJECT: Liquor Control Committee Minutes George Wagner Frank O'Connell

TO: Honorable K. Leroy Irvis Siened

James Gallen George Hasay Forest Hopkins Nicholas Moeblmann

Speaker

FROM: Representative Thomas Flaherty Secretary, Liquor Control Committee

The Liquor Control Committee was called to order by the Chairman, Representative James D. Barber, a t 11:05 on Thurs day, December 8,1977. The following bills were discussed:

House Bill 827 - Printer's Number 931 - It was moved bq the Chairman to table this bill for further discuasion.

House Bill 1427 -Printer's Number 1700 -It was moved by Representative McCall to report this bill out of Committee However discussion later revealed that the bill should be tabled for further discussion.

House Bill 1614 - Printer's Number 1940 - A motion waa

TOM FLAHERTY Secretary

ROLL CALL

House Bill 1614

MAJORITY MEMBERS MR. CHAIRMAN, James Barber John Wansacz Thomas Flaherty John Brunner Thomas Caltagirone Ron Donatucci A1 Dumas

VOTE yea yea nv yea yea nv yea


Ron Gatski Tom McCall James McIntyre Fred Milanovich William Rieger Ulysses Shelton John White

MINORITY MEMBERS John Hamilton James Gallen George Hasay Forest Hopkins Nicholas Moehlmann Pat McGinnis Earl Smith George Wagner Frank O'ConneU

YEAS-15 NAYS-0

NOT VOTING-8

Signed TOM FXAHERTY Secretary

I Mr. Speaker:

The House Professional Licensure Committee did not meet the weekof December 5,1977.

HON. WILLIAM W. RIEGER Acting Chairman

Mr. GEISLER, chairman of the State Government Com- mittee, presented the following report:

December 12,1977. Mr. Speaker:

Attached please find roll call and attendance sheet for the Committee meeting held on Wednesday, December 7,1977.

Mr. FRYER, chairman of the Local Government Committee, presented the following report:

December 12,1977.

SUBJECT: Local Government Committee Meetings

TO: The Honorable K. Leroy Irvis, Speaker

FROM. Lester K. Fryer, Chairman Room 149-A ext. 3-8683

Please be advised that there were no meetings of the Local Government Committee of the House of Representatives dw- ing the week of December 5.

Mr. B. F. O'BRIEN, chairman of the Mines and Energy Management Committee, presented the following report:

December 12,1977.

HON. ROBERT GEISLER Chairman

Attendance Report

December 7,1977.

MAJORITY MEMBERS Present Absent MR. CHAIRMAN, Robert Geisler X Frank Oliver X Phvllis Kernick X Ted Berlin Harold Brown Mark Cohen Ronald Cowell Roger Duffy Cliff Gray Ruth Harper Joe Hoeffel Steve Reed Bill Renwick Tom Stapleton

MINORITY MEMBERS Ben Wilson Ken Brandt Don Dorr June Honaman Nick Moehlmann Hal Mowerv

FROM: Bernard F. O'Brien, Chairman James Wright, Minority Chairman Mines and Energy Management Committee

SUBJECT: Committee Meeting Attendance Report

TO: The Honorable K. Leroy Irvis The Speaker

This is to inform you that the Mines and Energy Management Committee did not hold any committee meetings during the weekof December 5,1977.

Thank you.

Carmel Sirianni Earl Smith X George Wagner

Signed

Mr. RIEGER, acting chairman of the Professional Licensure Committee, presented the following report:

PHYLLIS KERNICK Secretary

ROLL CALL


MAJORITY MEMBERS MR. CHAIRMAN, Robert Geisler Frank Oliver Phyllis Kernick Ted Berlin

VOTE yea yea nay nv

3558 LEGISWTIVE JOURNAL-HOUSE December 12,

Harold Brown nay I mittee meetings held during the week of December 5th. Mark Cohen Ronald Cowell Roger Dnffy Cliff Gray Ruth Harper Joe Hoeffel Steve Reed Biil Renwick Tom Stapleton

MINORITY MEMBERS Ben Wilson Ken Brandt Don Dorr June Honarnan Nick Moehlmann Hal Mowery Carmel Sirianni Earl Smith George Wagner

YEAS-10 NAYS-6

NOT VOTING-7

Signed PHYLLIS KERNICK

nay yea yea yea yea nay nv yea

Respectfully submitted, REP. JOSEPH A. PETRARCA Secretary Transportation Committee

Mr. CAPUTO, chairman of the Urban Affairs Committee, presented the following report:

December 12,1977.

SUBJECT: Report of Urban Affairs Committee for the week of December 5,1977

TO: Honorable K. Leroy Irvis, Speaker House of Representatives

FROM: Charles N. Caputo, Chairman Urban Affairs Committee

The Urban Affairs Committee did not meet during the week of December 5,1977.

JUDICIARY COMMITTEE MEETING The SPEAKER. The Chair recognizes the gentleman from i Philadelphia. Mr. Bermn. Mr. BERSON. Mr. Speaker, there will be a meeting of the

Judiciary Committee tomorrow morning, December 13, at 10 a.m. in room 115

Respectfully submitted. Rep. JOSEPH A. PETRARCA Secretary Transportation Committee

Secretary

Mr. BELLOMINI, chairman of the Transportation Com- mittee, presented the following report:

November 21,1977.

Honorable K. Leroy Irvis Speaker of the House Main Capitol Building Harrisburg, Pennsylvania

Dear Mr. Irvis:

There were no Transportation Committee meetings held during the weekof November 14th.

December 12,1977.

CAUCUSES AND HOUSE SCHEDULE The SPEAKER. The Chair at this time declares that the

House will remain in recess until 3 p.m. Immediately upon the declaration of the recess, there is a Republican caucus. There will be a Democratic caucus at 2 o'clock. The Chair urges both caucuses to consider seriously the bill which appeared on the supplemental calendar today, SB 782.

It is the hope of the Chair that the business of 1977 in the House of Representatives will be concluded this week, by Wednesday of this week. But that will be determined by the action that the caucuses take, and that action will be determined by the attendance a t those caucuses. So the Chair urges adequate attendance and discussion on this particular measure this afternoon.

Honorable K. Leroy Irvis Speaker of the House Main Capitol Building Harrisburg, Pennsylvania

Dear Mr. Speaker:

This is to inform yon that there were no Transportation Com

I REPUBLICAN CAUCUS The SPEAKER. The Chair recognizes the gentleman from

Blair, Mr. Hayes. Mr. S. E. HAYES. Thank you,Mr. Speaker. As yon announced, there will be a Republican caucus. And for

the Republican Representatives, I would ask them to come to the caucus immediately because there is cooperation between the two caucuses as far as some persons who will provide an explanation of SB 782. The Republican caucus will be addressed first, so I would ask that the Republican Represeuta- tives report immediately to the caucus so that we can benefit from the presentation with regard to SB 782. Of course, the Democratic caucus will be addressed later by the same persons.

Thank you, Mr. Speaker.

LEGISLATIVE JOURNAL-HOUSE

RECESS Arthurs Geesey McClatchy Scheaffer Bellomini Geisler McGinnis Sehmitt

The SPEAKER. This House stands in recess until 3 p.m. Bennett George, C. McIntvre Srhwcder . ~" ...- . . ~ ~ 1 Berlin Georie. M. M r l a n ~ %ltzov

1 Brown Greenleaf Miacevich Snenrer

AFTER RECESS The time of recess having expired, the House was called to

order.

HB 1205 REMOVED FROM TABLE

~ ~-~~ - . . . - --.--- Berson Giamrnarca bus Shuman Bittinger Goebel Meluskey Shupnik Bittle Goodman Milanovich Sirianni Borski Gray Miller Smith, E. Brandt Greenfield ~ i l l i ~ ~ ~ Smith. L.

The SPEAKER. The Chair recognizes the majority leader. Mr. MANDERINO. Mr. Speaker, I move that HB 1205, PN

2405, on page 2 of the calendar of tabled bills he removed from the table.


HB 1939 REMOVED FROM TABLE

The SPEAKER. The Chair recognizes the majority leader. Mr. MANDERINO. I move that HB 1939, PN 2389, on page 3

of the tabled calendar he removed from the table.


REASON FOR SUSPENSION OF RULES

The SPEAKER. For the information of the members, because a rule of the House, rule 22, requires that these bills appear on second reading tomorrow under normal procedures and because it is the desire of the majority leader that these bills he on third reading tomorrow, it is necessary to suspend the rules of the House temporarily to achieve this.

The Chair will repeat, so that the members know why the motion to suspend the rules is being offered, the two bills just removed under the rules would not appear on thud reading until Wednesday. Because of the fact that we hope to finish this session as rapidly as possible, i t is the desire of the major. ity leader that the hills appear on third reading tomorrow. In order to achieve this and give the hills a second reading today we must suspend the rules temporarily.

RULES SUSPENDED

The SPEAKER. The Chair therefore recognizes the majorit) leader.

Mr. MANDERINO. Mr. Speaker, I move that the rules of tht House he temporarily suspended so as to permit the reading ol HB 1205 and the reading of HB 1939 on second consideration.



Abraham Gamble Manderino Ryan Anderson Garaia Manmiller Salvatore Armstrang Gatski McCall Scanlon

Brunner Burd Burns Butera Caltagirone Caputo Cassidy Cessar Ciancidli Cirnini Cohen Cole Cowell Davies DeMedio

Grieco Harper Hasay Haskell Hayes, D. S. Hayes, S. E. Helfrick Hoeffel Hopluns Hutchinson, A. Hutchinson, W. Itkin Johnson Jones Katz

I

!

I

I

~oehlmann Morris Mowery Mrkonic Mullen, M. P. Muata Novak Noye O'Brien, D. O'ConneU O'Donnell OXeefe Oliver Pancoa~t Peterson

DeVerter DeWeese DiCarlo Dininni Dombrowski Donatucci Dorr Doyle Duffy Englehart Fee Flaherty Foster, A. Foster, W. Freind Fryer Gallagher

- ~~

Kelly Petrarca Klingaman Pievsky Kolter Pitts Kowalyshyn Polite Kukovieh Pott Laughlin Pratt Lehr Prendergast Letterman Pyles Levi Rappaport Levin Ravenstahl Lincoln Reed kvengwd Renwick Logue Richardson Lynch Rieger Mackowski fitter Madigan Ruggiero

SLZS~ Stapletnn Stewart Stuhan Sweet Taddonio Taylor, E. Taylor, F. Tenaglio Thomas Trello Vdicenti Vraon Wansacz Warm - - ~ Wass Wenger White Wizzieins wiSe Wright, D. Wrieht. J. L. - ~. Yahner Yohn Zeller Zitterman Zord zwikl

h i s , Speaker

! Dietz Gallen Spitz Wilt Fischw, R. R. Walverson Wilson Zearfoas Fishw, D. M. Piccola

NOT VOTING-18

Agreeable to order. The House proceeded to second consideration of House bill


Barber Hamilton O'Brien, D. Shelton Beloff Honaman Parker Wagner Dumas Kernick Rhades Weidner Gillette Knepper Scirica Williams Gleeson Mullen. M. M.

An Act amending the act of September 9, 1965 (P. L. 498, No. 252), entitled as amended "An act exempting certain fire- men policemen and volunteer ambulance and rescue squad per- sonnel and National Ski Patrol rsonnel from civil liabi ~ t y when rendering emergency care g s t aid and rescue in the er

the provisions of the act. & - formance of their duties except in certain instances" exten ng

I

:

The question was determined in the affirmative and the motion was agreed to.

JUDICIARY BILL ON SECOND CONSIDERATION


Agreeable to order, The House proceeded to third consideration of House bill


And said hill having been considered the second time and agreed to,

Ordered, to be transcribed for third consideration.

STATE GOVERNMENT BILL ON SECOND CONSIDERATION

Agreeable to order, The House proceeded to second consideration of House bill


An Act amending the "Pennsylvania Election Code" ap- roved June 3, 1937 (P. L. 1333, No. 320), further providing or candidates for political office. 'P And said bill having been considered the second time and

agreed to, Ordered, to he transcribed for third consideration.

CALENDAR FINANCE BILL ON THIRD CONSIDERATION

An Act wntmling ihe "Senior (:iti~tms Property Tax or Fkr~t Rebate Act" approved March 11, 1971 (1'. 1.. 104, KO. 3). providing for an additional filing p~riod rstimation and mtic~pa-

DeMedio Hutchinson. W. Pancoast Wargo DeVerter Itkin Peterson Wass DeWeese Johnson Petrarea

Jones Piceola Wewe1

DiCarlo White Dietz Katz Pievsky Wiggins Dininni Kelly Pitta Wilson Dombrowski KLingaman Polite Wdt Donatucci Kolter Pott W~se

k;e Kowalyshyn Pratt Wright, D. Knkovieh R e n d e r s ~ t wright, J. L.

Duffy Laughlin Pyles Yahner ~ u m a s ~ e h r Rappaport Yohn Englehart l e t b a n Ravenstahl kfoss pee Levi Reed Zeller Fischer, R. R. levin Renwick Zitternan Fisher D. M. Lincoln Flahe& Livengmd

Rhodes Zord Richardson zwiU

Foster, A. Logue Rieger Foster, W. Lynch Ritter

Ruggiero M.

Freind Mackowski Speaker Fryer Madigan Ryan

NAYS--0

- . tion of revenues. I

On the question, Will the House agree to the hill on third consideration? Bill was agreed to.

The SPEAKER. This hill has been considered on three differ ent days and agreed to and is now on final passage.

The question is, Shall the bill pass finally?

Agreeahle to the provision of the Constitution, the roll call will now be taken.

Abraham Anderson Armstrang Barber Bellomini Bennett Berlin Berson Bittinger Bittle Barski Brandt Brown Brunner Burd Burns Butera Caltagirone Caputa Cassidy Cessar Ciancidi Cimini Cohen Cole Cowell Davies

Gallagher Gallen Gamble Garzia Gatski Geesey Geisler George. C. George, M. Giammarco Goebel Goodman Gray Greenfield Greenleaf Grieco Halverson Hamilton Harper Hasay HaskeU Hayes, D. S. Hayes, S. E. Helfrick Hoeffel Hopkins Hutchinson, A

Manderino Manmiller McCall McClatchy McGinnis McIntyre McLane Mebus Meluskey Milanovich Miller Milliron Miscevich Moehlmann Morris Mawery Mrkonic Mullen, M. P. Musto Novak Noye O'Brien, B. O'Brien, D. O%onnell O'DonneU OXeefe Oliver

Salvatore Scanlon Scheaffer Scbmitt Schweder Sciriea Seltzer Shuman Shupnik Sirimi Smith, E. Smith, L. Spencer Spitz Stairs Stapleton Stewart Stuban Sweet Taddonio Taylor, E. Taylor, F. Tenaglio Thomas Trello Vroon Wansacz

NOT VOTING-14

Arthum Honaman Parker Wagner Beloff Kemick Shelton Weidner Gillette Knepper Valieenti W h Gleeson Mullen, M. M.

The majority required by the Constitution having voted in the a f f i i a t ive , the question was determined in the affirmative.

Ordered, That the clerk present the same to the Senate for concurrence.

QUESTION OF INFORMATION

The SPEAKER. The Chair recognizes the gentleman from Lehigh, Mr. Zeller. For what purpose does the gentleman rise?

Mr. ZELLER. Mr. Speaker, I really commend you for bring ing this hill forward, hut I would like to ask you, do we have any assurance that the Senate is going to move i t because of the time factor as we all know?

The SPEAKER. The Speaker has already talked to the leaders of the Senate with the request that the hill be acted upon swiftly. That was one of the reasons that the Speaker was urging that the House pet this hill over to the Senate immediately. It will he sent physically to the Senate immediately.

The Chair recognizes the gentleman from Allegheny, Mr. Miscevich. For what purpose does the gentleman rise?

Mr. MISCEVICH. Mr. Spea1.a. I would like to enlighten the House a little hit with regard to HB 1665, some prior action on the hill, since Mr. Zeller made the inquiry as to whether the Senate would act on it.

Some months ago when we were tinkering with the idea of presenting this bill, Mr. Irvis and I met with the Senate leadership along with the House leadership, and they informed us verbally and by letter that they would act on this bill if we presented it in hill form. In the meantime the leadership of both Houses was in complete agreement that we should have this type of hill, so I see no problem with it in the Senate.

LEGISLATIVE JOURNAL-HOUSE

BILLS REPORTED FROM COMMITTEE I transfers, and salary increases. AND TABLED Rereported from Committee on Appropriations.

HB 1860, PN 2437 (Amended) By Mr. PIEVSKk

An Act amending the "Volunteer Fire Company, Ambulance Service and Rescue Squad Assistance Act," ap roved July 15 1976(P. L. 1036, No. 208). providing for the re8nancing of cer tain debt incurred by volunteer f i e companies for equipmen1 and facilities between November 4, 1975 and April 1, 1975 inclusive.

Appropriations.

SB 597, PN 1532 (Amended) By Mr. PIEVSKY

An Act amending the act of July 7,1977 (No. 7A), entitled "A supplement to the act of August 20, 1977 (No. 11A). entitled "An act to provide for the expenses of the Executive, Legisla. tive and Judicial Departments of the Commonwealth, the uh lic debt and for the public schools for the fiscal period J ~ & 1: 1977 to June 30, 1978, and for the payment of hills incurred and remaining unpaid at the close of the fiscal period ending June 30, 1977," itemizing appropriations required from the Motor License Fund for the pro r operation of the several de.

artments of the CommonweaHeh authorized to spend Motor bcense Fund moneys,"increasing certain appropriations.

Appropriations.

SB 699, PN 743 By Mr. PIEVSKY

HB 1805, PN 2436 (Amended) BY Mr. PIEVSKY

An Act amending the act of December 30, 1974 (P. L. 1105, No. 3561, entitled "A supplement to the act of February 6,1976 (P. L. 80, No. 17). entitled 'An act providing for the capital budget for the fiscal year 1973-1974,'itemizing public improvement projects to be acquired or constructed by The General State Authority together with their estimated financial cost,"' and making an appropriation," adding a project relating to the Soldiers' and Sailors Home.

Appropriations.

An Act making an appropriation to the Department of Gen- eral Services out of various funds for payment of rental charges to the General State Authority.

HB 1326, PN 1999 By Mr. PIEVSKY

An Act to regulate the sale and distribution for agricultural purposes of ground limestone, burned and hydrated lime and related products in the Commonwealth of Penns lvania; con- ferring powers and imposing duties on the LcretWy of ~ ~ ~ i ~ ~ l t ~ ~ ; establishing fees; making an appropriation and prescribingpenalties.

Rereported from Committee on Appropriations.


An Act amending the 'Tax Reform Code of 1971" approved March 4, 1971 (P. L. 6, No. 2), providing for a certain election of tax relating to aircraft.

Rereported from Committee on Appropriations


An Act amending the act of June 21, 1963 (P. L. 174, No. 104), entitled, "An act granting and regulating exemption from payment of real estate taxes by war veterans in need thereof ' ' "' extendin the act to include veterans with total service connected disabsty .


SB 839 REMOVED FROM TABLE

The SPEAKER. The Chair recognizes the gentleman from Philadelphia, Mr. Pievsky.

Mr. PIEVSKY. Mr. Speaker, I would like to move to have SB 839, PN 898, removed from the table today after it has second reading so i t can be in a position to pass on Wednesday.

The SPEAKER. It has been moved by the gentleman, Mr. Pievsky, that SB 839, which was just placed upon the table, be removed from the table.


Appropriations. I Motion was agreed to.

SB 700, PN 744 ByMr.PIEVSKY

An Act,making appropriations to the Treasury Department out of various funds to pay replacement checks issued in lieu of outstanding checks when presented and to adjust errors.

Appropriations.

The SPEAKER. For the information of the members, especially the new members, so you know what we are doing, because my lawyer here got a little bit herself, the next motion by the gentleman, Mr. Pievsky, will be to suspend the rules.

SB 839, PN 898 By Mr. PIEVSKY An Act providing for the capital budget for the fiscal year

1977-1978.

Appropriations.

BILLS REREPORTED FROM COMMITTEE HB 88, PN 98 By Mr. PIEVSKY

~n ~~t amending the act of june 22, 1931 (P, L, 720, N ~ , 262), referred to as the City State Highway Law, deleting and adding routes in the City of Williamsport.


HB 872, PN 2435 (Amended) By Mr. PIEVSKY

An Act amending the "Magisterial District Reform Act," approved July 15, 1976 (No. 204), further providing for priority of legal business, mandatory liability insurance, retired district justices certain costs, jurisdiction, courses of instruction,

~~-~ ~~~~

The ordinary rule of the House is that when a bill is placed- Mr. MANDERINO. Mr. Speaker, that bill cannot receive

third reading tomorrow. The SPEAKER. No; I understand that. I understand that,

Mr. Majority Leader. The ordinary rule of the House is that a bill removed from the

table must be printed on the next legislative day's calendar for the next reading. Any motion to suspend the rules is merely the suspension of the rule requiring that you wait until the next day to print the bill and place it on the calendar. We cannot by motion suspend the constitution, which requires three separate considerations of the bill. That is what the majority leader pointed out to us, that we cannot vote this particular bill tomorrow, It is impossible to do it under the constitution,

IS the gentleman, Mr. Pievsky, satisfied now that the bill has been removed from the table?

3562 LEGISLATIVE JOURNAL-HOUSE December 12, --

Mr. PIEVSKY. Yes. Mr. Sneaker. ] in the bill. That particular language would provide that the

HB 996 REMOVED FROM TABLE members appointed to the board might be able to designate alternates to serve at the board meetings. That particular lan-

The SPEAKER. The Chair recognizes the majority leader. Mr. MANDERINO. On page 1 of the tabled calendar, I would

move that the House remove HB 996 from the table. The SPEAKER. It has been moved by the majority leader

that HB 996, PN 2422, he removed from the tabled calendar.


The SPEAKER. The Chair recognizes the gentleman from Allegheny, Mr. Caputo.

Mr. CAPUTO. Does the Chair intend to call up SB 334 on page I ?

The SPEAKER. That is correct. That is the next order of business.

SENATE MESSAGE AMENDED SENATE BILL RECALLED

FROM THE GOVERNOR RETURNED FOR CONCURRENCE

The clerk of the Senate, being introduced, presented for concurrence bill numbered and entitled as follows:

SENATE BILL NO. 334

An Act amending the act of February 1, 1974 (P. L. 34, No. 15), entitled "Pennsylvania Municipal Retirement Law" further providin for selection of the charman and vice chairman of 3 the boar for audits for the credit of excess interest and surplus allocations for administrative expenses and for interest p a ~ d while vesting and changing the date of the itemized estimate to municipalities.

Said bill having been recalled from the Governor for the purpose of amendment, the vote on final passage and third consideration of said bill was reconsidered in the Senate and the bill amended, in which amendments the concurrence of the House of Representatives is requested.

The clerk read the following amendments made by the Sen- ate:

Amend Title, page 1, line 24, by striking out at the end of the line the word "for' ; line 25, by striking out all of said line to the word "for"

Amend Section 1, page 2, l i e 20, by striking out after "quali- fied." all the remainder of said line; lmes 21 through 23. by striking out all of said lines; line 24, by striking out at the beginning of the line "the designating member."

On the question, Will the House concur in the Senate amendments? The SPEAKER. The Chair has just been informed by the

reading clerk that the extract from the Journal of the Senate, which included the Senate amendments to SB 334, was read into the record last week.

On the question, will the House concur in the Senate amendments to SB 334, the Chair recognizes the gentleman from Allegheny, Mr. Caputo.

Mr. CAPUTO. Mr. Speaker, this bill was recalled from the Governor for the specific purpose of removing certain language

- wage has been stricken from the bill by the Senate.

I would move to concur in the Senate amendments.

On the question recurring, Will the House in the senate amendments?

Agreeable to the provision of the Constitution, the following roll call was recorded:

YEAS-190

~ h ~ & ~ ~ Gallen Manmiller Scanlon Anderson Gamble McCd Scheaffer

f$',",""g Gmia McClatchy Schmitt Gatski McGinnis Schweder

BeUomini Geesey McIntyre Scirica Bennett Geisler McLane Seltzer Berlin Gwrge. C. Mehus Shuman Beraon Gwrge, M. Meluskey Shupnik Bittinger Giammarco Milanavich Sirianni Bittle Goebel Miller Smith, E. Borski Goodman Milliron Smith, L. Brandt Gray Miscevich Spencer Brown Greenfield Moehlmann Spitz Brunner Greenleaf Morris Stairs Burd Grim Mawery Stapleton B~~~~ Halverson Mrkonic Stewart Butera Hamilton Mullen, M. P. Stuban Caltagirone Harper Musto Sweet Caputo Hssay Novak Taddonio Cassidy HaskeU Noye Taylor, E. Cessar Hayes, D. S. O'Brien. B. Taylor. F. Cianciulli Hayes. S. E. O'Brien, D. Tenaglio Cimini Helfrick O'ConneU Thomas Cohen Hoeffel O'DonneU Trello Cole Hopkins O'Keefe Valicenti Cowell Hutehinson, A. Oliver Vrwn Davies Hutchinson, W. Pancoast Wansacz DeMedio Itkin Peteraon Wargo bveder Johnsan Petrarca Wass DeWeese Jones Picmla Wenger DiCarlo Katz Pievsky White Dietz KeUy Pitts Wiggins ~ i ~ i ~ ~ i Klingaman Polite Williams Dombrowski ~ ~ ~ t e ~ Patt Wilson

Kowalyshyn Prstt Wilt Dorr Kukovich Prendergast Wise Doyle Laughlin Pyles Wright. D. Duffy Lehr Rappapod Wright. J. L. hglehart Letterman Ravenstah1 Yahner F, Levi Reed Yohn Fischer, R. R. Levin Renwick Zearfoss ~ i ~ h ~ ~ D, M, Lincoln Rhcdes ZeUer FlabeAy Livengwd Richardson titterman poster, A. Lope Rieger Zord Foster, W. Lynch Ritter Zwikl Freind Mackowski Ruggiero Fryer Madigan Ryan Irvis, Gallagher Manderino Salvatore Speaker

NAYS-0

NOT VOTING-13

Barber Gleeson Knepper Shelton Beloff Dumas

Honaman Mullen, M. M. Wagner Kernick Parker Weidner

Gillette

On the question, Will the House amee to the motion?

1977. LEGISLATIVE JOuRNAL-HOUSE


YEAS-167

The majority required by the Constitution having voted in the affirmative, the question was determined in the affirmative and the amendments were concurred in.

Ordered, That the clerk inform the Senate accordingly.

FORMER MEMBER WELCOMED The SPEAKER. The Chair a t this time is delighted to wel-

come back to the hall of the House a former Representative who is here as the guest of room B-12 members. That sounds like a virus of some sort, does it not? But it means, really, Representatives Grieco, DeVerter, and Wagner. Welcome back Dave Turner of Bradford County.

Are you not glad you left i n time?

ADJOURNMENT Mr. HELFRICK moved that this House do now adjourn until

Tuesday, December 13, 1977, a t 11 a.m., e .s . t .

Abraham Anderson Armstrong Arthurs Bellomini Bennett Berlin Bersnn Bittinger Bittle Borski Brandt Brunner Burd Burns

Butera Grieco Navak

E:,","p Halversnn Noye Harper O'Brien, B.

Cassidy Hasay O'Connell Cessar Hayes, D. S. O'Donnell Cianciulli Hayes, S. E. O'Keefe Cimini Helfrick Oliver Ghen Hoeffel Pancoast Cole Hopkins Peterson

Hutchinson, W. Petrarca Davies Itkin Pievsky

Johnson Pitts Jones Polite

D ~ w ~ ~ ~ ~ Katz Patt DiCarlo Kelly Pratt Dietr Klingaman Prendergast Dombrowski Kolter Rappaport Donatucci Kukavich Ravenstahl Dorr Laughlin Renwick Doyle khr Rhodes Duffy Letterman Richardson

Levi Rieger Levin Ritter

Fee linroln Rueeiero

Freind Fryer Gallagher Gamble Gatski Geesey Geisler George, C. George, M. Giammarco Gleeson Goebel Gray Greenfield Greenleaf

Madigan Manderino McCall McGinnis McIntyre Mebus Meluskey Miller Milliron Miscevich Moehlmann Mowery Mrkonic Mullen. M. P. Musta

Seheaffer Sehmitt Schweder Scirica Seltzer Shuman Shupnik Smith. E. Smith, L. Spencer Spitz Stairs Stapletan Stewart Stuban

~ ~~ ~ ~~ - - ~ Fisher, D. M. h g u e Ryan Flaherty Lynch Salvatore Foster, A. Mackawski Scanlon I Foster, W.

NAYS-8

Brown Gden Haskell Fischer. R. R. Gnraia Livenenod

Barber Beloff Dininni Gillette Goodman Hamilton Honaman

Sweet Taddonio Taylor, E Tenaglio Thomas Rello Vroon Wansacz Wass Wenger White Wiggins Williams Wilson wise Wright, D. Wrigllt, J . L. Yahner Yohn Zearfoss Zeller Zitterman Zord Zwikl

Irvis, Speaker

Milanovich Wilt - ~ - -

NOT VOTING-28

Hutchinsan. A. Morris Shelton Kernick Mullen, M. M. Sirianni Knepper O'Brien, D. Taylor, F. Kowalyshyn Parker Valicenti Manmiller Piccola Wagner McClatchy Pyles Wargo McLane Reed Weidner

The question was determined in the affirmative and the motion was agreed to, and (at 3:52 p.m., e.s.t.) the House adjourned.

commonwemth of pennsylvania - legis.state.pa.us · commonwemth of pennsylvania monday, december...

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