COMMONWEALTH OF PENNSYLVANIA · 1/31/1983  · HOUSE OF REPRESENTATIVES 1 MASTER ROLL CALL RECORDED...

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COMMONWEALTH OF PENNSYLVANIA MONDAY, JANUARY 31, 1983 SESSION OF 1983 167TH OF THE GENERAL ASSEMBLY No. 7 HOUSE OF REPRESENTATIVES 1 MASTER ROLL CALL RECORDED The House convened at 1 p.m., e.s.1. I The SPEAKER. The Chair is about to take the master roll THE SPEAKER (K. LEROY IRVIS) IN THE CHAIR PRAYER REV. DR. DAVID R. HOOVER, chaplain of the House of Representatives, from McConnellsburg, Pennsylvania, offered the following prayer: Eternal Father, it is with heartfelt thanks and deepest appreciation that we come before Thee in this hour. We rec- ognize our dependency and reliance upon Thee, and we are conscious of Thy abiding presence in all of the activities of life. We humbly beseech Thee to continue Thy guidance in I! i: lives of these stewards of Thine. We pray that Thou wilt fill them with the challenge of rendering true and laudable service in Thy holy name. And we ask that the assurance of Thy love and the blessedness of Thy eternal peace may abide with them alwavs. Amen. PLEDGE OF ALLEGIANCE (The Pledge of Allegiance was enunciated by members.) JOURNAL APPROVAL POSTPONED The SPEAKER. Without objection, approval of the Journal for Wednesday, January 26, 1983, will be postponed until the Journal is in print. The Chair hears no objection. LEAVES OF ABSENCE GRANTED The SPEAKER. The Chair recognizes the majority whip. Are there any leaves of absence? The majority whip indicates there are no requests for leaves. The Chair recognizes the minority whip on leaves of absence. Mr. HAYES. I request a leave for the gentleman from Delaware, Mr. FREIND, for today, and the gentleman from Philadelphia, Mr. SALVATORE, for the week. The SPEAKER. Without objection, the leaves are granted. The Chair hears none. call for today. Members will proceed to The following roll call was recorded: PRESENT-197 Afflerbach Durham Lirengood Aiderette kvans I.loyd Angstad1 Fargo lucyk Armhtrone Fattah McCall Arty Fee McClatchy Baldu'in Fischer McHale Barber Flick klclntyre Battisto F o r \. ' klcMonagle Beiardi Foster. Jr.. A. hlcVerry Hclfanti Freeman Mackowiki Beloif Fryer Madigan Hlaum Gallagher Maiale Nook Gallen Ylandrrino Ilow(er Gamble hlanmiller Boyer Gannon hlarkoiek Brandt Geist Marmion Braujor George Mayernik Bunt Ciladeck Merry Burd Godshall Michlovic Burns Greenwood Micorri~. Caltagirone Grieco Miller Cappabianca Gruitrn kliscevich Carn Cruppo Moehlmann Canley Hagarty Morris Ceisar Halurka %lowery Cimini Harper Mrkanic Ciiera Hasay 41urphy Clark Hayes Nahill Clbmcr Herman Noye Cohen Hcrshey O'Brien Calafella Hoeffel O'Donnell Cole Honaman Olast Cordisco Hutchinion Oliver Cornell Jackwn Perzel Coilerr Jaralin Peterson Cowell Johnson Petrarca COY Kasunic Pctrone Deluca Kennedy Phillips DeVerlrr Klingaman Piccola DeWeere Kosinski Pievsky Dale y Kowalythyn Pistella Da~ics huko\ich Pitts Dawida Lashingcr Pou Dcal Laughlin Preston Dietr Lehr Punt Uininni Lesrovit~ Rappaport Dombrowrki Letterman Reber Donatucci Leii Reinard Dorr 1.evin Richardson Dully (Linton Rieger vote, Robbins Rudy Ryan Rybak Saloom Saurman Scheeu Schuler Semmel Serafini Seventy Showers Sirianni Smith, B. Smith. L. E. Snyder. D. W. Snyder, G. M. Spencer Spitz Stairs Steighner Stevens Strn'*.arr Stuban Suift Tavlor. E. 2. , . Taylor, F. E. Telek Tigue Trello Truman Van Harne Vroon Wachob Wambach Wargo Wash Werton Wiggins Wilbon Wogan Worniak Wright, D. R. Wright, J. L. Wrighl. R. C. Zwikl Irvi,. Speaker

Transcript of COMMONWEALTH OF PENNSYLVANIA · 1/31/1983  · HOUSE OF REPRESENTATIVES 1 MASTER ROLL CALL RECORDED...

Page 1: COMMONWEALTH OF PENNSYLVANIA · 1/31/1983  · HOUSE OF REPRESENTATIVES 1 MASTER ROLL CALL RECORDED The House convened at 1 p.m., e.s.1. I The SPEAKER. The Chair is about to take

COMMONWEALTH OF PENNSYLVANIA

MONDAY, JANUARY 31, 1983

SESSION OF 1983 167TH OF THE GENERAL ASSEMBLY No. 7

HOUSE OF REPRESENTATIVES 1 MASTER ROLL CALL RECORDED

The House convened at 1 p.m., e.s.1. I The SPEAKER. The Chair is about t o take the master roll

THE SPEAKER (K. LEROY IRVIS) IN THE CHAIR

PRAYER

REV. DR. DAVID R. HOOVER, chaplain of the House of Representatives, from McConnellsburg, Pennsylvania, offered the following prayer:

Eternal Father, it is with heartfelt thanks and deepest appreciation that we come before Thee in this hour. We rec- ognize our dependency and reliance upon Thee, and we are conscious of Thy abiding presence in all of the activities o f life.

We humbly beseech Thee to continue Thy guidance in I! i: lives of these stewards of Thine. We pray that Thou wilt f i l l them with the challenge o f rendering true and laudable service in Thy holy name. And we ask that the assurance of Thy love and the blessedness o f Thy eternal peace may abide with them alwavs. Amen.

PLEDGE OF ALLEGIANCE

(The Pledge of Allegiance was enunciated by members.)

JOURNAL APPROVAL POSTPONED

The SPEAKER. Without objection, approval of the Journal for Wednesday, January 26, 1983, will be postponed until the Journal is in print. The Chair hears no objection.

LEAVES OF ABSENCE GRANTED

The SPEAKER. The Chair recognizes the majority whip. Are there any leaves of absence? The majority whip indicates there are no requests for leaves.

The Chair recognizes the minority whip on leaves of absence.

Mr. HAYES. I request a leave for the gentleman from Delaware, Mr. FREIND, for today, and the gentleman from Philadelphia, Mr. SALVATORE, for the week.

The SPEAKER. Without objection, the leaves are granted. The Chair hears none.

call for today. Members will proceed to

The following roll call was recorded:

PRESENT-197

Afflerbach Durham Lirengood Aiderette kvans I.loyd Angstad1 Fargo lucyk Armhtrone Fattah McCall Arty Fee McClatchy Baldu'in Fischer McHale Barber Flick klclntyre Battisto F o r \ . ' klcMonagle Beiardi Foster. Jr.. A . hlcVerry Hclfanti Freeman Mackowiki Beloif Fryer Madigan Hlaum Gallagher Maiale Nook Gallen Ylandrrino Ilow(er Gamble hlanmiller Boyer Gannon hlarkoiek Brandt Geist Marmion Braujor George Mayernik Bunt Ciladeck Merry Burd Godshall Michlovic Burns Greenwood Micorr i~. Caltagirone Grieco Miller Cappabianca Gruitrn kliscevich Carn Cruppo Moehlmann Canley Hagarty Morris Ceisar Halurka %lowery Cimini Harper Mrkanic Ciiera Hasay 41urphy Clark Hayes Nahill Clbmcr Herman Noye Cohen Hcrshey O'Brien Calafella Hoeffel O'Donnell Cole Honaman Olast Cordisco Hutchinion Oliver Cornell Jackwn Perzel Coilerr Jaralin Peterson Cow ell Johnson Petrarca COY Kasunic Pctrone Deluca Kennedy Phillips DeVerlrr Klingaman Piccola DeWeere Kosinski Pievsky Dale y Kowalythyn Pistella Da~ics huko\ich Pitts Dawida Lashingcr Pou Dcal Laughlin Preston Dietr Lehr Punt Uininni Lesrovit~ Rappaport Dombrowrki Letterman Reber Donatucci Lei i Reinard Dorr 1.evin Richardson Dully (Linton Rieger

vote,

Robbins Rudy Ryan Rybak Saloom Saurman Scheeu Schuler Semmel Serafini Seventy Showers Sirianni Smith, B. Smith. L. E. Snyder. D. W. Snyder, G. M. Spencer Spitz Stairs Steighner Stevens Strn'*.arr Stuban Suift Tavlor. E. 2. , . Taylor, F. E. Telek Tigue Trello Truman Van Harne Vroon Wachob Wambach Wargo Wash Werton Wiggins Wilbon Wogan Worniak Wright, D. R. Wright, J. L . Wrighl. R. C. Zwikl

Irvi,. Speaker

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58 LEGISLATIVE JOURNAL-HOUSE JANUARY 31,

ADDITIONS-0

NOT VOTING-4 1 ltkin Pratt Sweet Williams

EXCUSED-2 1 Freind Salvatore

LEAVE ADDED-1

LEAVE OF ABSENCE GRANTED

The SPEAKER. For what purpose does the majority whip rise?

Mr. O'DONNELL. T o ask the Chair to return to leaves of absence.

The SPEAKER. Without objection, the Chair returns to leaves of absence and recognizes the majority whip.

Mr. O'DONNELL. Mr. Speaker, we would request a leave of absence for the week for Representative Ivan ITKIN.

For the information of the members, Representative ltkin is in the hospital. He has not had a heart attack. He is in good condition. He is in the hospital. He will not be returning this week, and his diagnosis at this point is not clear. Any expres- sions o f concern should be forwarded to his home and not to the hospital. Thank you very much.

The SPEAKER. Without objection, the request for leave of absence will be granted. The Chair hears none.

The SPEAKER. The Chair is delighted to welcome at this time Ms. Cynthea Wilson, who is the guest of Representative DeLuca from Allegheny County.

Also visiting here today are students from the Keystone Job Corps Center, Drums, Pennsylvania, accompanied by Tony Welgosh and Jack Psolka, as guests of Representative Frank Coslett of Luzerne County.

WELCOMES

CALENDAR PASSED OVER

I

The SPEAKER. The Chair at this time takes up today's cal- endar. Administrative Rules Report No. I, Resolution A, will be passed over for today. Resolution B will be passed over for today.

COMMUNICATION I LOBBYIST LIST PRESENTED 1

The SPEAKER. In compliance with Act No. 712 of the 1961 session, the Chair recognizes the filing of the current list required under the Lobbying Registration and Regulation Act.

The following communication was read:

Senate of Pennsylvania

January 31, 1983

To the Honorable, the Senate o f the Commonwealth of Pennsylvania

To the Honorable, the House of Representatives of the Commonwealth of Pennsylvania

In compliance with Act No. 712 of the 1961 Session and Act No. 212 of the 1976 Session of the General Assembly titled the "Lob- bying Registration and Regulation Act," we herewith jointly present a list containing the names and addresses of the persons who have registered from January 1, 1983 through January 28. 1983 inclusive for the 167th Session of the General Assembly. This list also contains the names and addresses of the organiza- tions represented by these registrants.

Respectfully submitted: Mark R. Corrigan Secretary of the Senate

John J . Zubeck Chief Clerk House of Representatives

(For list, see Appendix.)

JOURNAL APPROVED

The SPEAKER. The Chair is informed that the Journal of Monday, January 24, 1983, is in print. Are there any correc- tions t o the Journal? If not, without objection, the Journal is approved. The Chair hears no objection.

STATEMENT ON RESOLUTION TO BE INTRODUCED

The SPEAKER. The Chair recognizes the minority whip. Mr. HAYES. Thank you, Mr. Speaker. There is going to be a resolution introduced in just a

moment or two saluting the Penn~ylvania State University for its achievement as the number one football team in America, and it was thought by the prime sponsor, Mr. Herman, that there may be other Representatives who would like to join in cosponsoring this resolution before it is formally introduced. It will be over here at the desk, Mr. Speaker.

The SPEAKER. The Chair thanks the gentleman.

COMMUNICATION FROM STATE BOARD OF LANDSCAPE ARCHITECTS

The SPEAKER. The Chair wishes to announce that it is in receipt of a copy of an amendment to the regulations of the State Board o f Landscape Architects.

The following communication was read:

Commonwealth of Pennsylvania Department of State

Bureau of Professional and Occupational Affairs Harrisburg

January 11, 1983

The Honorable K. Leroy lrvis Speaker of the House I39 Main Capitol Building Harrisburg, PA 17120

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1983 LEGISLATIVE JOURNAL-HOUSE 59

Dear Representative Irvis:

Enclosed is a copy of an amendment to the regulations of the State Board of Landscape Architects, which raises the current examination fee from $75.00 to $150.00.

The fee per candidate, as currently charged, covers only fifty (50) percent of the entire examination cost. Therefore, the $75.00 increase is necessary so that sufficient revenue will be generated to meet the Board's entire costs in giving theexamination.

The Board's authority to raise this fee is provided by Section 4 of the Act of June 17, 1982, which amends the Landscape Archi- tects' Registration Law. Notice of proposed rulemaking is being dispensed with as authorized by Section 204(3) of the CDL 145 P.S. 51204(?)] because proposing the amendment before adopt- ing it would result in a delay that, under the circumstances, is impracticable. Reasons for omitting proposed rulemaking are further elaborated upon in the Preamble to the regulation.

~ p p l ~ c a n t . C'ommenan& vlth thc lunc. I983 ekdmlnallon. a iee ~1i$150.W shall be pa!ah.c h! onc \ \no applies to tale the exam#- o311on. and that lee shall ;i:cumpan) the 3ppliatlon

HOUSE BILLS INTRODUCED AND REFERRED

No. 79 By Representative GANNON

An Act amending the "Pennsylvania Cancer Control, Preven- tion and Research Act," approved December 18, 1980 (P. L. 1241, No. 224), providing for a program relating to diethylstilbestrol; and for eligibility for health insurance. i ' Referred to Committee on HEALTH AND WELFARE, January 31, 1983.

As required by Section 3 of the Act of June 17, 1982, supra, thisamendment to regulation49 Pa. Code 515.51 is submitted for referral to and review by the appropriate Standing Committee of the House. I t is respectfully requested that this Standing Commit- tee consider this matter at its earliest convenience.

. . applications, those applications must be mailed out by ;he Bureau I January 31, 1983

No, By Representatives SWEET, HOEFFEL, LASHINGER, OLASZ, D. R. WRIGHT POTT, RICHARDSON. HARPER, AFFLERBACH. MclNTYRE. MILLER.

When the House has completed its review, please have the reg- ulation returned to me at Room 618, Transportation and Safety Building. Harrisburg, PA 17105-2649.

Thank you very much for your consideration and assistance.

Sincerely, Ky van Nguyen, Counsel State Board of

Landscape Architects

KVN:rms Enclosures cc: Stanley A. Miller, Commissioner

Professional and Occupational Affairs

State Board of Landscape Architects

(Copy of report is on file with the Journal clerk.)

ADMINISTRATIVE RULES REPORT NO. 2

Notice of proposed rulemaking is omitted pursuant to Section 204(3) of the CDL 145 P.S. 51204(3)] because the State Board of Landscape Architects finds that compliance with the procedures set forth in Sections 201 and 202 of the CDL 145 P.S. $51201 and 12011 would cause a lengthy delay in the adoption of the regula- tion which, given the present circumstances, is impracticable. This regulation must become effective by the beginning of Febru- ary, 1983, for the following reasons. All individuals who desire to take the upcoming examination, which is to take place on June 13, 1983, are required to submit their application no later than April 1, 1983, due to the provisions of 49 Pa. Code 515.1 1. In order for applicants to have sufficient time to comolete their

at the beginning of February. 1983. In addition. the Act of June 17, 1982 (P.L. -, No. 151). -63 P.S. $ ,which amends No. 83 By Representatives IRVIS. GALLAGHER,

the Landscape Architects' Registration Law,=vides for legisla- COWELL and BURNS

MAIALE, HUTCHINSON, MACKOWSKI, PERZEL, McHALE, WOZNIAK, MICHLOVIC, McCALL, DAWIDA, CLARK and GREENWOOD

A Joint Resolution proposing an amendment to the Constitu- tion of the Commonwealth of Pennsylvania, providing for the use of final offer binding arbitration procedures between certain public employees and their public employers.

Referred t o Committee on JUDICIARY, January 31. 1983.

No. 81 By Representatives F. E. TAYLOR and GANNON

An Act amending the "Self-service Storage Facility Act," approved December 20, 1982 (No. 325), making editorial changes.

Referred to Committee on BUSINESS AND COM- M E R ~ ~ , January 31, 1983,

No. 82 By Representatives GANNON, D. W. SNYDER, MADIGAN, BUNT, ROBBINS and PERZEL

An Act amending Title 75 (Vehicles) of the Pennsylvania Con- solidated Statutes, further providing for departmental records relating to license suspensions for other than moving traffic viola- tions.

Committee On TRANSPORTAT1ON,

tive oversight with respect to this regulation, which oversightmay take as long as sixty days. Consequently, proposed rulemaking is omitted so that this regulation may become effective by the begin- ning of February, 1983, at the latest.

An Act amending theact of December 17, 1982(No. 316). enti- tled "An act amending the act of March 10. 1949 (P. L. 30. No. 14). entitled 'An act relating to the public school system, includ- inr certain urovisions auulicable as well to private and parochial

515.51. Eligibility.

Applicants qualifying under section 6(b) of the act (63 P.S. 5906(h)) shall be eligible to take the regular examination which shall he a written examination administered unon the datec.

ANNEX A relating thereto.' * * * and for tuition charges for the education of certain nonresident children and reenacting required annual reports by institutions of the State System of Higher Education," further providing for the application of certain provisions.

I schools; am-ending, revkfng, consolidating and changing the laws

be conducted in accordance with the instructions issued by the Board. A copy of the instructions shall be furnished to each

~~ ~~~ ~~~~~~~~~~~~~~ ~~7 .~~ ~~~. --..., times, and places established by the Board. The examination will I Referred to Committee on EDUCATION, January 31,

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LEGISLATIVE JOURNAL-HOUSE JANUARY 31,

No. 84 By Representatives J. L. WRIGHT and I would like to call a brief meeting in the corner of the ITKIN I House for the LORL (Legislative Office for Research Liaison,

An Act amending "The Administrative Code of 1929," approved April 9, 1929 (P. L. 177, No. 175), further providing for the indebtedness of the Pennsylvania Energy Development Authority.

Referred to Committee on MINES AND ENERGY MAN- AGEMENT, January 31, 1983.

No. 85 By Representatives J . L. WRIGHT, GALLAGHER, BURNS, CORDISCO and REINARD

An Act designating the portion of Interstate Route 95 in Bucks County as the "Vietnam Veterans' Memorial Highway."

Referred to Committee on TRANSPORTATION, January 31, 1983.

No. 86 By Representatives MAYERNIK, CESSAR, COWELL, ITKIN, KOSINSKI, POTT, MARMION, BOOK, MICHLOVIC, VAN HORNE, DUFFY, OLIVER, COLAFELLA, PRESTON, DeWEESE, CLARK and McVERRY

An Act authorizing the Department of General Services, with the approval of the Governor and the Secretary of Public Welfare, to sell and convey a certain lot or tract of land situate in the Borough of Emsworth, Allegheny County, Pennsylvania.

Referred to Committee on STATE GOVERNMENT, January 31, 1983.

Committee that has recently been appointed. That would include Representatives Peterson. Telek, Dawida, and Wachob for about 5 minules. Thank you, Mr. Speaker.

The SPEAKER. The Chair thanks the gentleman.

ADDITIONS OF SPONSORS

The SPEAKER. The Chair recognizes the gentleman from Centre, Mr. Letterman.

Mr. LETTERMAN. Thank you, Mr. Speaker. Mr. Speaker, I was wondering i f it would not be nice if

every member in the House had his name affixed to the Herman resolution. I would ask for that at this time and see what you could do about it. It would save everybody from having to go over there and signing it. I am sure everybody wants on it.

The SPEAKER. That will be up to the main sponsor of the resolution. If he wishes to do that, he may so move. The Chair will recognize him.

The Chair recognizes the gentleman from Centre, Mr. Herman.

Mr. HERMAN. Mr. Speaker, I would be more than happy to have everyone join in sponsoring this resolution. So be it.

The SPEAKER. The Chair thanks the gentleman. Without objection, all the members of the House of Repre-

sentatives will have their names affixed to the gentleman, Mr. Herman's resolution congratulating Penn State. The Chair

No. 94 By Representatives RAPPAPORT, IRVIS, MANDERINO, NAHILL, FREIND, PIEVSKY, HAGARTY, FATTAH and O'BRIEN

JUDICIARY COMMITTEE MEETING

hears no objection. The Chair recognizes the minority leader. Mr. RYAN. Mr. Speaker, would it be possible to have

those members from Pittsburgh have their names in capital

An Act amending the "Pennsylvania Election Code," approved June 3, 1937 (P. L. 1333, No. 320), further providing for the municipal primary.

Referred to Committee on JUDICIARY, January 31, 1983.

The SPEAKER. The Chair recognizes the gentleman from Philadelphia, Mr. Rappaport, to announce a meeting of the Judiciary Committee.

Mr. RAPPAPORT. Mr. Speaker, there will be a meeting of the Judiciary Committee at the recess when called by the Speaker. Thank you, Mr. Speaker. In the back of the House, Mr. Speaker.

The SPEAKER. A meeting has been called at the call of the recess at the rear of the hall of the House for the Judiciary Committee. The Chair thanks the gentleman.

letters? The SPEAKER. If by having them in capital letters it

means we abstain, yes. Otherwise, 1 would suggest they all be typed in lowercase letters for University of Pittsburgh people. ~h~ chair hears no objection,

LORL COMMITTEE MEETING

The SPEAKER. The Chair now recognizes the gentleman from Westmoreland, Mr. Kukovich.

Mr. KUKOVICH. Thank you, Mr. Speaker.

RULES SUSPENDED

The SPEAKER. The Chair understands that a resolution sponsored by the gentleman, Mr. Hutchinson, is now being passed among the members. It is the intention of the gentle- man, Mr. Hutchinson, to ask for a suspension of the rules so that this resolution may immediately be brought to the floor for adoption.

The Chair recognizes the gentleman from Westmoreland, Mr. Hutchinson.

Mr. HUTCHINSON. Mr. Speaker, I move that the House of Representatives rules be suspended so that a resolution which 1 am about to submit may immediately come before the floor of the House for adoption.

The SPEAKER. Those in favor-and for the benefit of the new members, to suspend the rules requires 102 votes-those in favor of suspending the rules so that Mr. Hutchinson may offer his resolution immediately to the floor of the House will vote "aye"; those opposed will vote "no."

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1983 LEGISLATIVE JOURNAL-HOUSE 61

O n the question. 1 RESOLUTION ADOPTED Will the House agree t o the motion?

T h e following roll call was recorded:

YEAS-191

Afflerbach Durham Linton Riegrr Alderette Evans Livengoad Robbins Angstadt Fargo Lloyd Rudy Armstrong Fatlah Lucyk Ryan Arty Fee McCall Rybak Baldwin Flick McClatchy Salaom Barber Foster. W. W. McHale Saurman Baltisto Foster. Jr., A. Mclntyre Scheerr Belardi Freeman McMonagle Schuler Belfanti Fryer McVerry Semmel Beloff Gallagher Mackowrki Serafini Blaurn Gallen Madigan Seventy Book Gamble Maiale Showers Bawser Cannon Manderino Sirianni Brandt Geist Manmiller Smith. B. Broujor George Markmek Smith. L. E. Bunt Gladeck Marmion Snyder. D. W . Burd Godshall Mayernik Snyder, G . M. Burns Greenwood Michlovic Spencer Caltagiranc Grieca Micozzie Stairs Cappabianca Gruitra Miscevich Steighner Carn Gruppa Moehlmann Stevens Cawley Hagarty Morris Stewart Cessar Haluska Mawery Stuban Cimini Harper Mrkonic Swift Civera Hasay Murphy Taylor, E. 2. Clark Hayes Nahill Taylor, F. E. Clymer Herman Noye Telek Cohen Hershey O'Brien Tigue Colafella Hoeffel O'Dannell Trello Cole Honaman Olasz Truman Cordirco Hutchinson Oliver Van Harne Carnell Jackson Perzel Vraon Coslett Jarolin Pcterson Wambach Cawell Johnson Petrarca Wargo COY Kasunic Petrane Wass Deluca Kennedy Phillips Wertan DeVerler Klingaman Piccala Wiggins DeWeere Kasinski Pievrky Wilson Daley Kawalyshyn Pistella Wogan Davies Kukovich Pitts Wazniak Dawida Lashinger Port Wright, D. R . Deal Laughlin Preston Wright, 1. L. Dietz Lehr Punt Wright, R. C. Dininni Lescovitz Rappaport Zwikl Dombrowrki Letterman Rebcr Donatucci Levi Reinard Irvis, Dorr Levin Richardson Speaker Duffy

NAYS-0

N O T VOTING-9

Boyes Miller Spitr Wachob Fischer Pralt Sweet Williams Merry

EXCUSED-3

Freind ltkin Salvatore

A majority o f the members elected t o the House having

I voted in the affirmative, the question was determined in the affirmative a n d the motion was agreed to.

T h e SPEAKER. T h e Chair recognizes the gentleman from Westmoreland, Mr. Hutchinson.

Mr. H U T C H I N S O N . Mr. Speaker, I offer the following resolution.

T h e following resolution was read:

House Resolution No. 11

A RESOLUTION

Memorializing the President of the United States to order the release of Federal funds for highway and bridge projects in Pennsylvania. WHEREAS, Currently 800,000 persons are unemployed in

Pennsylvania and the majority of them live in the counties affected by the Federal Court ordered consent decree concerning vehicle emission inspection; and

WHEREAS, The steel production in Pennsylvania is only at 40% of caoacitv: and

W H E R E A S , . M ~ ~ ~ persons in these affected areas are standing in long lines waiting for free food from the government; and -

\\'HERI:T\S. The unc!nplo).nient rate\ in there af ieazd coun- ties are mush nigher than the nat!onaI arerage. come a, much a5 - twice as high as the national average; and

WHEREAS, There is no foreseeable improvement in the unemployment problems in Pennsylvania as well a s a turnaround in the steel industry; and

WHEREAS, Much pollution in the affected areas resulted from the heavy industrialized operations including, to a large extent, the steel industry and the fact that such industry has drastically curtailed production, the need for emissions inspec- tion is not critical; therefore be it

RESOLVED, That the House of Representatives memorialize the President of the United States t o direct the United States Department of Transportation t o release all withheld Federal moneys for the purpose of building and maintaining the bridges and highways in Pennsylvania; and be it further

RESOLVED, That a copy of this document be transmitted to the President of the United States.

Amos K. Hutchinson Lester K. Fryer Camille George Nicholas A. Colafella Barry L. Alderette Joseph A. Petrarca Eugene G . Saloom William J . Stewart Russell P . Letterman Victor John Lescovitz Henry Livengood Allen Kukovich Joseph A. Steighner Stanley J . Jarolin

O n the question, Will the House adop t the resolution?

T h e SPEAKER. T h e Chair recognizes the gentleman from Westmoreland, Mr. Hutchinson, w h o will explain the resolu-

T h e Chair suggests that the members pay attention. This is 1 your first , vote . o f substance o n the floor o f this House in this 1 session.

T h e Chair recognizes the gentleman, Mr. Hutchinson.

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62 LEGISLATIVE JOURNAL-HOUSE JANUARY 31,

Mr. HUTCHINSON. Thank you, Mr. Speaker. Mr. Speaker, what my resolution will do is ask the Presi-

dent of the United States to give us the money-it is running anywhere between $90 million and $500 million-that is sup- posed to be held up. The reason 1 came to this was that there are 800,000 people out of work in Pennsylvania, and I think that if he can reprieve and pardon other people, 1 think at least they could pardon the State of Pennsylvania. We are one of the worst States in people laid off , especially in western Pennsylvania and the Philadelphia area. What I want to do is ask the President of the United States to give us the money and figure out what we are going to do down the road in a couple of years when the steel mills start working again.

The reason I came up with this resolution, I was sitting watching television last Thursday, and I watched the breadlines in Pittsburgh and all these steelworkers getting food. I said, how are they going to get money to have their cars inspected at this time? The thing was, 1 thought of differ- ent people whom different Presidents have pardoned and reprieved, and one of them was Jim Hoffa. I do not know whether they did him a favor or not, but he was one of them, and 1 d o not have to mention the other gentleman; I am non- partisan right now.

Then coming down today I find out they are setting up breadlines and soup lines in Philadelphia, Pittsburgh, and every other city of any size that has people laid off, and 1 think this is the wrong time, guilty or not, to start going to emissions control. I d o not know whether he will do it or not; I d o not know whether it is legal, but at least I think the Senate and the House should ask the President to look at it to see if he can d o that. Thank you very much.

The SPEAKER. The Chair thanks the gentleman. The Chair now recognizes the minority leader. Mr. RYAN. Mr. Speaker, what Mr. Hutchinson has done is

he has introduced a resolution. He has asked us to consider it immediately, and what he is telling us is that there is great unemployment in Pennsylvania, which of course is true. He is suggesting that we can memorialize the President of the United States and somehow or another have the President of the United States overturn the decision of a Federal court, which has withheld this money from the Commonwealth of Pennsylvania until the Commonwealth of Pennsylvania comes into compliance with the emissions control program.

Now, I think 1 would be foolish to suggest to any of the members to vote against this particular resolution. However, I think that if anyone seriously believes that this is a legitimate resolution in the sense that it can solve anything, they are mis- taken. I would hate to think that the unemployed of Pennsyl- vania would rely on the passage of such a resolution, thinking that there is going to be construction of bridges and highways as a result of it. Let me explain, if I may, what is going through my mind as I say that.

Judge Bechtle in the eastern district has put a prohibition on the further disbursement of Federal funds for bridges and highways. If you recall, and 1 did not know this resolution was going to be introduced until about a half an hour ago, but if you recall, the then Secretary of Transportation, Drew

Lewis, who is a Pennsylvanian, tried his best to free up some of the money from the Bechtle order. To suggest that if he were able he would not have released the funds I think is foolish. Drew Lewis, as Secretary of Transportation, did not have the authority to overturn Judge Bechtle's orders. 1 do not believe, under the separation of powers, that President Reagan has the ability to release that money.

I would make a further suggestion, however, to the gentle- man, Mr. Hutchinson. As I have met with legislators, both sides of the aisle-l am not saying Democrat or Republican; I am saying both sides of the aisle-who are from the western part of Pennsylvania, who are in my opinion intimidated by the Pittsburgh Press into being placed in a position that they believe in order to secure these funds the emissions control program has to pass but who are concerned about the vend- etta leveled against various members who go against the edito- rial policies of that paper, that pretty soon you are going to have to bite the bullet and decide if these jobs are in fact needed and if these jobs can come about because of the freeing up of these Federal funds, and then pretty soon you are going to have to tell Mr. Troan, the editor or managing editor of that paper, that the good of the people comes before the editorial policies of that particular newspaper.

This resolution cannot do it. This resolution cannot accom- plish one single thing other than to express to the people of Pennsylvania that we are concerned. We have exhausted the judicial remedies that are available to us. We are caught with a Federal court order to enforce a consent decree that was entered into some years ago by the then Governor, and there is not a thing we can do or this administration can do at this time other than pass the emissions control program.

So 1 am saying to you, politically you have to vote for this resolution. For all practical purposes, however, I do not believe that it will have any worthwhile effect or any meaning- ful effect. Thank you, Mr. Speaker.

The SPEAKER. The Chair thanks the gentleman. The Chair recognizes the majority leader. Mr. MANDERINO. Mr. Speaker, very briefly, maybe Mr.

Ryan has only one thing to do on emissions control and that is to pass it, but I venture to say that there are a number of members of this assembly who will not vote for the passage of that particular legislation.

Mr. Speaker, this is a legitimate resolution. The withhold- ing of Federal funds for the roads and bridges of Pennsyl- vania by the Clean Air Act is placed in the hands of the Secre- tary of Transportation in the Federal Government. It is not placed in Judge Bechtle's hands. The act itself says that the funds can be withheld by the Secretary of the Department of Transportation in the Federal Government, and we are simply saying to the President of the United States, who appoints the Secretary of Transportation, tell your Secretary of Trans- portation to release the funds.

It is a legitimate resolution. 1 ask every member, for the( reason that there may be something accomplished by the reso- lution, to vote in favor of the resolution. Whether or not former Secretary of Transportation Drew Lewis did every- thing in his power to send those funds to Pennsylvania is

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1983 LEGISLATIVE

problematic. He is, or was at that time, the Secretary of Transportation who had the sole power to withhold the funds. Mr. Speaker, I ask for an affirmative vote on the resolution.

The SPEAKER. The Chair thanks the gentleman. The Chair recognizes the gentleman from Beaver, Mr.

Laughlin. Mr. LAUGHLIN. Mr. Speaker, very briefly, the minority

leader indicates that there is a concern about the editor from the Pittsburgh Press. I for one am not intimidated by the editor of the Pittsburgh Press or any other media.

Mr. Speaker, very clearly, what the gentleman did not indi- cate was his willingness to help the people of western Pennsyl- vania and eastern Pennsylvania to survive the amount of addi- tional cost that is being applied to them because of this emissions;.ruling. Now, 1 know that Judge Bechtle's ruling overrides Hnything that this legislature does with regard to his actions and that the only recourse we have is a resolution to the President or to Congress that Mr. Hutchinson is propos- ing and I support, but I would ask the minority leader this question: How willing is he to take moneys that are being saved for the rest of the State and to apply them for the cost of the emissions to take the cost off our individual people who are going to be forced to pay it? There may be 1 million people in this State who have a vehicle that will he inspected. There may be 3 million. Out of that 3 million, 15 percent will not pass the test.

Mr. Speaker, I am saying that this legislature has an obliga- tion to provide the money to pay for that inspection, for the purchase of that equipment, and for the staffing of those areas where the inspection would he made, and that in turn would lift the cost, additional cost, off the backs of the people whom we represent. 1 am saying the emissions law can be passed in this House and Senate and passed by the Governor. However, let us get together and let us try to relieve our people of those costs and only force a small percentage of the costs onto the people instead of 100 or 150 millions of dollars Out of the consumers' pockets that they can no longer afford. That is the kind of recommendation I am going to make, Mr. Speaker, and that is the kind of recommendation 1 hope as minority leader you will support.

The SPEAKER. The Chair thanks the gentleman. The Chair recognizes the minority leader. Mr. RYAN. I thank thechair . I d o not have the Judge Bechtle order in front of me, but I

have had a report from our staff people that contradicts what the gentleman, Mr. Manderino, suggested. The information that I have is that Judge Bechtle's order in fact prohibited the disbursement of funds by the Federal Government to the Commonwealth of Pennsylvania. The Secretary of Trans- portation, then Drew Lewis, was able to obligate the funds to Pennsylvania so that we did not forfeit them as a result of the Bechtle order but was powerless to distribute in the face of .hat order.

So 1 essentially am where 1 was a moment ago, and that is that I think you should vote for this resolution because it would be difficult to explain why you did not. I think it is cruel in a sense that we might offer some ray of hope to people

JOURNAL-HOUSE 63

who think as a result of something like this that we are going to free up that money, because 1 d o not believe that this is meaningful at all. We all over the past several years passed any number of resolutions memorializing Congress to change the Clean Air Act, unsuccessfully I might say, and I do not think this resolution is really going to d o much good. But I know Mr. Hutchinson is well intentioned. 1 know by this reso- lution he is attempting to point out the difficult straits that many Pennsylvanians are in, and 1 d o not challenge his moti- vation at all. But by the same token, I think you should know what you are voting upon. Thank you, Mr. Speaker.

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

Trello. Mr. TRELLO. Mr. Speaker, 1 think this resolution is just

as legitimate as any resolution that we have passed here memorializing Congress or the President of the United States, but one thing my 93-year-old father always taught me is that nobody ever gets poor from asking. So we are asking. Thank you.

The SPEAKER. The Chair thanks the gentleman. The Chair recognizes the gentleman from Westmoreland,

Mr. Petrarca. Mr. PETRARCA. Mr. Speaker, the minority leader

alluded to a ray of hope. About a year ago I wrote to Gover- nor Thornburgh, to 435 Congressmen, to our 100 Senators. I asked them to intervene. Judge Bechtle is only following the legislative order. I said to them, let us amend the Clean Air Act; takeemissions out of it.

If you have been reading the newspaper now, especially in my district of Westmoreland, it is cleaner than up in the mountains. There is nobody working. I would like to see another reading on the Clean Air Act. In Pittsburgh where they moved this apparatus 100 yards, it is now clean. They kept this apparatus over the diesel buses that ran continu- ously. In Westmoreland County, in my district, everybody to a man opposes emissions. When we in America went to the moon, we had the technology to go to the moon. When we tried to clean up our rivers, we fell flat on our face. We are putting clean water in a dirty river. Now we come by with this sham and charade and say, no, the airplanes do not have to comply with the Clean Air Act; the buses do not: the trucks do not; the trains do not; the diesel cars do not, but that senior citizen does, who uses his car maybe once or twice a week to go to church or the grocery store. It is wrong.

When I called upon the Governor to have a joint meeting of the House and Senate in the well of this House and invite all 23 Congressmen, nothing happened. He vetoed the bill. If there is a ray of hope, let us support Amos Hutchinson. Let us fight, because the people do not want it. And anyone who votes against it or is for emission control, I hope to God they lose their seat, Mr. Speaker.

The SPEAKER. The Chair thanks the gentleman and takes note that God may not have much to d o with who wins elec- tions.

The Chair recognizes the gentleman from Westmoreland, Mr. Hutchinson.

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The following roll call was recorded:

64 LEGISLATIVE JOURNAL-HOUSE JANUARY 31,

Afflerbach Alderette Angstadt Armstrong Any Baldwin Barber Battisto Belardi Belfanti Beloff Blaum Book BOwser

Mr. HUTCHINSON. Years ago my father said, faint heart never won fair lady, and you keep going. And about 6 months or 2 years ago I received a letter from somebody when 1 put a resolution in that it was political. I d o not think it is political, and Judge Musmanno-l d o not think he was a judge; he might have been a Representative then-he wrote a book that if there is no smoke coming out the stacks, there is no work underneath, and I believe this fact. And I said before I d o not know how legal this is. I d o not know what Reagan is going to d o with it. The same as Matt Ryan said, I want to try it a t least t o see if he says no. Thank you very much.

The SPEAKER. The Chair thanks the gentleman. The question is, will the House agree t o the resolution?

Those in favor of the resolution will vote "aye"; those opposed will vote "no," and may God have mercy on Your souls.

On the question recurring, Will the House adopt the resolution?

Boyes Broujos Bunt Burd Burns Caltagirone Cappabianea Carn Cawley Cessar Cimini Civera Clark Clymer Cohen Colafella Cole Cordisco Cornell Coslett Cowell COY Deluca DeVerter DeWecse Daley Davies Dawida Deal Dietz Dombrowski Donatucci Dorr Duffy

NAYS-4

Dininni Gallen Spencer NOT VOTING-7

Pratt Sweet Wright, R. C. Mclntyre Spitr Williams

EXCUSED-3

Freind ltkin Salvatore

The question was determined in the affirmative, and the resolution was adopted,

ADMINISTRATIVE RULES REPORT NO. 2 REFERRED

Notice of proposed rulemaking is omitted pursuant to Section 204(3) of the CDL [45 P.S. §1204(3)] because the State Board of Landscape Architects finds that compliance with the procedures set forth in Sections 201 and 202 of the CDL 145 P.S. 55lZOl and 12011 would cause a lengthy delay in the adoption of the regula-

Durham Evans Fargo Fattah Fee Fischer Flick Foster, W. Foster, Jr. Freeman Fryer Gallagher Gamble Geist George Gladeck Godshall Greenwood Grieco Gruitza Gruppo Hagarty Haluska Harper Hasay Hayes Herman Hershey Hoeffel Honaman Hutchinson Jackson Jarolin Johnson Kasunic Kennedy Klingaman Kosinski Kowalyshyn Kukovich Lashinger Laughlin Lehr Lescovitz Letterman Levi Levin Linton

Livengood Lloyd Lucyk McCall McClatehy McHale McManagle

W. McVerry , A. Mackowski

Madigan Maiale Manderino Manmiller Markosek Marmion Mayernik Merry Michlovic Micouie Miller Misccvich Moehlmann Morris Mowery Mrkonic Murphy Nahill Noye O'Brien O'Donnell Olasr Oliver Perzel Peterson Petrarca Pelrone Phillips Piccola Pievsky Pistella Pitts P ~ t t Preston Punt Rappaport Reber Reinard Richardson

Rieger Robbins Rudy Ryan Rybak Saloom Saurman Scheetr Schuler Semmel Serafini Seventy Showers Sirianni Smith. B. Smith, L. E. Snyder, D. W. Snyder, G. M. Stairs Steighner Stevens Stewan Stuban Swift Taylor. E. Z. Taylor. F. E. Telek Tigue Trello Truman Van Horne Vroon Wachob Wambach Wargo Waar Weston Wiggins Wilson Wagan Wozniak Wright. D. R . Wright. J. L. Zwikl

Irvis, Speaker

the present circumstances, is impracticable. This regulation must become effective by the beginning of Febru- ary, 1983, for the following reasons. All individuals who desire to take the upcoming examination, which is to take place on June 13, 1983, are required to submit their application no later than April 1, 1983, due to the provisions of 49 Pa. Code 515.11. In order for applicants to have sufficient time to complete their applications, those applications must he mailed out by the Bureau at the beginning of February, 1983. In addition, the Act of June 17, 1 9 8 2 i ~ L -.No. 151). -- 63 I' S 9- , rr h12h amends the Landrzape Arch~tc;r\' Keg~rtrat~on Lau. pro\ ode\ for leglala- tive oversight with respect to this regulation, which oversight may take as long as sixty days. Consequently, proposed rulemaking is omitted so that this regulation may become effective by the begin- ning of February, 1983, at the latest.

ANNEX A

$15.51. Eligibility.

Applicants qualifying under section 6(b) of the act (63 P.S. 5906(b)) shall be eligible to take the regular examination which shall be a written examination administered upon the dates, times, and places established by the Board. The examination will be conducted in accordance with the instructions issued by the Board. A c o ~ v of the instructions shall be furnished to each . . appll-ant. Commenang will^ the Junc. 1983 c\amination, a fee ot'S15O.(X)rhall be pa)ahlc h) one rrho appl~cr to take theexami- nation. and that ice shall aacompan).!hc applicdt~on.

Referred t o Committee on PROFESSIONAL LICEN- SURE, January 31, 1983

HOUSE RESOLUTION INTRODUCED AND REFERRED

No. 10 By Representatives FATTAH, O'DONNELL, PERZEL, RYBAK, RICHARDSON, LINTON, EVANS, PISTELLA, WIGGINS, BLAUM, COLAFELLA, HARPER, MORRIS, COHEN, DeLUCA, OLIVER, CANNON, MclNTYRE, CORDISCO, KOSINSKI, CARN and LETTERMAN

Urging the Governor to call an economic summit conference.

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1983 LEGISLATIVE JOURNAL-HOUSE 65

Referred lo Committee on RULES, January 31, 1983.

SENATE BILL FOR CONCURRENCE

The clerk of the Senate, being introduced, presented the following bill for concurrence:

SB 79, PN 79

Referred to Committee on RULES, January 31, 1983.

ANNOUNCEMENT BY SPEAKER

The SPEAKER. The Chair would like to make this announcement, especially for the new members. The old ones ought to know better, but they had better listen, too.

The Chief Clerk has informed the Chair that members are calling the amendment room and asking that their names be added either as sponsors of an amendment or sponsors of a bill. This must not be done. You must sign your own name to a bill, preferably when it is being circulated, not call on the telephone and tell someone to put your name on the bill. If after the bill is printed you wish to add your name as a sponsor, then under rule 18 you must notify the prime sponsor by providing him or her a written notice, and you must notify the Speaker, the majority leader, and the minority leader. Otherwise, your name cannot be added after a bill is printed. But apparently some of you are doing this as a matter of routine, calling down to the Chief Clerk saying, add my name to the bill; add my name to the amendment. This you must not do, and you must not blame the Chief Clerk's assis- tants if they turn you down when you ask that. You should sign the amendment yourself or the bill yourself, or if it is too late to do that, then notify the Speaker, the majority leader, the minority leader, and the chief sponsor.

SENATE MESSAGE

ADJOURNMENT RESOLUTION FOR CONCURRENCE

The clerk of the Senate, being introduced, presented the following extract from the Journal of the Senate, which was read as follows:

In the Senate, January 31, 1983 RESOLVED, (the House of Representatives concurring), That

when the Senate adjourns this week it reconvene on Monday, February 7, I983 unless sooner recalled by the President Pro Tempore, and when the House of Representatives adjourns this week it reconvene on Monday, February 7, 1983 unless sooner recalled by the Speaker of the House of Representatives.

Ordered, That the clerk present the same to the House of Representatives for its concurrence.

On the question, Will the House concur in the resolution of the Senate? Resolution was concurred in. Ordered, That the clerk inform the Senate accordingly.

HOUSE RESOLUTION INTRODUCED AND REFERRED

No. 12 By Representatives HERMAN, RUDY, LETTERMAN, NOYE, GRIECO, HAYES, MOEHLMANN, CESSAR, RYAN, J. L. WRIGHT, CLYMER, REINARD, BURNS, STUBAN, LUCYK, SHOWERS, ITKIN, O'DONNELL, MANDERINO, McCLATCHY, B. SMITH, DORR, COSLETT, STEVENS, BELARDI, SERAFINI, GREENWOOD, F. E. TAYLOR, KASUNIC, BALDWIN, CORDISCO, CAPPABIANCA, GALLAGHER, D. R. WRIGHT, DOMBROWSKI, PIEVSKY, A. C. FOSTER, JR., LASHINGER, JOHNSON, G. M. SNYDER, PHILLIPS, GEIST, MACKOWSKI, FREIND, CIVERA, MICOZZIE, CANNON, ARTY, STEIGHNER, JAROLIN, DALEY, MAIALE, MORRIS, LAUGHLIN, McCALL, COY, ALDERETTE, WACHOB, SWEET, PRATT, DAVIES, LEHR, GALLEN, SPENCER, L. E. SMITH, DeVERTER, KLINGAMAN, PITTS, SPITZ, R. C. WRIGHT, FLICK, DURHAM, KUKOVICH, CAWLEY, TIGUE, BLAUM, HOEFFEL, PETRARCA, CLARK, COLAFELLA, LESCOVITZ, RAPPAPORT, SALOOM, GEORGE, FEE, FRYER, CIMINI, PETERSON, LEVI, HONAMAN, BRANDT, SCHULER, ARMSTRONG, ZWIKL, GRUITZA, LLOYD, DeWEESE, HARPER, BELFANTI, BROUJOS, LIVENGOOD, HUTCHINSON, SIRIANNI, PICCOLA, MANMILLER, DININNI, SCHEETZ, JACKSON, SWIFT, DIETZ, HALUSKA, AFFLERBACH, McHALE, COHEN, COWELL, MARKOSEK, MAYERNIK, WASS, GODSHALL, HASAY, W. W. FOSTER, FARGO, ROBBINS, TELEK, KOWALYSHYN, WAMBACH, FREEMAN, WOZNIAK, STEWART, PISTELLA, DeLUCA, OLASZ, SEVENTY, E. Z. TAYLOR, HERSHEY, PUNT, MADIGAN, MERRY, BOYES, ANGSTADT, WESTON, RYBAK, FATTAH, DEAL, RICHARDSON, GAMBLE, PRESTON, PETRONE, TRELLO, REBER, SAURMAN, BUNT, GLADECK, GRUPPO, SEMMEL, D. W. SNYDER, WOGAN, SALVATORE, KOSINSKI, CARN, EVANS, WIGGINS, BARBER, DUFFY, DAWIDA, MURPHY, MISCEVICH, HAGARTY, NAHILL,

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66 LEGISLATIVE JOURNAL-HOUSE JANUARY 31,

CORNELL, VROON, MOWERY, KENNEDY, BOOK, O'BRIEN, PERZEL, WILLIAMS, TRUMAN, LINTON, LEVIN, BELOFF, MRKONIC, IRVIS, VAN HORNE, MICHLOVIC, BOWSER, STAIRS, FISCHER, MILLER, BURD, MARMION, POTT, McVERRY, WILSON, OLIVER, McMONAGLE, RIEGER, McINTYRE, DONATUCCI, WARGO, BATTISTO, CALTAGIRONE and COLE

House congratulates the 1982-1983 Pennsylvania State Univer- sity "Nittany Lions" football team on being named national champions.

Referred to Committee on RULES, January 31, 1983.

RULES COMMITTEE MEETING

The SPEAKER. Before the Chair declares a recess until 3:30, does the majority leader have any further business?

The Chair recognizes the majority leader. Mr. MANDERINO. Mr. Speaker, the only further business

at the moment would be that I would like t o call a Committee of Rules meeting for 2 o'clock in the majority leader's office.

The SPEAKER. The majority leader calls a Committee of Rules meeting at 2 o'clock in the majority leader's office.

REPUBLICAN LEADERSHIP MEETING

The SPEAKER. Does the minority leader have any further business?

Mr. RYAN. Mr. Speaker, there will be a Republican leader- ship meeting immediately after the Rules Committee meeting in my office.

The SPEAKER. The minority leader has announced a Republican leadership meeting immediately after the Rules Committee meeting in his office.

RECESS

The SPEAKER. There being no further business before the House at this time. this House will stand in recess until 3:30.

AFTER RECESS

The time of recess having expired, the House was called to order.

HOUSE BILLS INTRODUCED AND REFERRED

No. 87 By Representatives MAIALE, SALVATORE, DONATUCCI, BELOFF and WIGGINS

An Act amending the "Pennsylvania No-fault Motor Vehicle Insurance Act," approved July 19, 1974 (P. L. 489, No. 176), requiring uniform premium rates in cities of the first class.

Referred to Committee on INSURANCE, January 31, 1983.

No. 88 By Representatives MAIALE, SALVATORE, O'DONNELL and BELOFF

An Act amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, providing for the temporary assignment of Philadelphia Municipal Court judges.

Referred to Committee on JUDICIARY, January 31, 1983.

No. 89 By Representatives MAIALE, SALVATORE, O'DONNELL and BELOFF

An Act amending the "Lethal Weapons Training Act," approved October 10, 1974 (P. L. 705, No. 235). clarifying the application of the act to specifically include privately employed agents employed by out-of-state firms.

Referred to Committee on JUDICIARY, January 31, 1983.

No. 90 By Representatives ZWIKL, AFFLERBACH, RYBAK, TRELLO, SEVENTY, BELFANTI, GEIST, PISTELLA, D. R. WRIGHT, BLAUM, KUKOVICH, JAROLIN, ARTY, LETTERMAN, MAYERNIK, MORRIS, JOHNSON, RUDY, FISCHER, STEVENS, VAN HORNE, PERZEL, OLIVER, CIVERA, McINTYRE, RICHARDSON, GRUPPO, TELEK, MRKONIC and LUCYK

An Act amending the "Pennsylvania Election Code," approved June 3, 1937 (P. L. 1333, No. 320). further providing for polling places accessible to the handicapped; and making an editorial change.

Referred to Committee on STATE GOVERNMENT. January 31, 1983.

No. 91 By Representatives ZWIKL, TRELLO, SEVENTY, POTT, HALUSKA, AFFLERBACH, MILLER, BELFANTI, JAROLIN, MERRY, LETTERMAN, WOZNIAK, DOMBROWSKI, VAN HORNE, PERZEL, CANNON and OLIVER

An Act amending the "Liquor Code," approved April 12, 1951 (P. L. 90, No. 21). authorizing special wine dispensing licenses for restaurants; and providing penalties.

Referred to Committee on LIQUOR CONTROL, January 31, 1983.

No. 92 By Representatives BOYES, TRELLO, WILSON, CAPPABIANCA, DOMBROWSKI, STUBAN, HAYES, PISTELLA, KLINGAMAN, KOSINSKI, BUNT, KUKOVICH, CIMINI, PETRONE, CESSAR, HALUSKA, ANGSTADT, FATTAH, BURNS, JOHNSON, POTT, BURD, GEIST, NOYE, DeLUCA, WOGAN, B. SMITH. PERZEL, SWEET, MADIGAN, CIVERA, DAVIES, RUDY and LETTERMAN

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1983 LEGISLATIVE JOURNAL-HOUSE 67

An Act amending the "Tax Reform Code of 1971," approved March 4, 1971 (P. L. 6, No. 2). providing for the registration of transient vendors.

Referred to Committee on FINANCE, January 31, 1983.

No. 93 By Representatives TRELLO, LEVIN, WILSON, DOMBROWSKI, HUTCHINSON, BARBER, AFFLERBACH, COY, PRATT, MAIALE, RYBAK, GEIST, PETRONE, PRESTON, GAMBLE, WOZNIAK, PISTELLA, F. E. TAYLOR, LUCYK, MISCEVICH, WIGGINS, LAUGHLIN, D. R. WRIGHT, CARN, SHOWERS, SPITZ, MORRIS, DeLUCA, COLAFELLA, STEIGHNER, WOGAN, ALDERETTE, VAN HORNE, PERZEL, OLASZ, MclNTYRE, PETRARCA, BALDWIN, RUDY, RICHARDSON, LETTERMAN, WOZNIAK, TELEK, TIGUE, ITKIN, CAWLEY and BATTISTO

An Act amending "The Fiscal Code," approved April 9, 1929 (P. L. 343, No. 176), imposing additional notice requirements for abandoned and unclaimed property.

Referred to Committee on FINANCE, January 31, 1983.

No. 95 By Representatives WACHOB, FREIND, MICHLOVIC, LASHINGER, BELFANTI, PISTELLA, MclNTYRE, ITKIN, CIVERA, WASS, KUKOVICH, DeWEESE, JOHNSON, GRUPPO, LUCYK, STUBAN, SHOWERS, RYBAK, AFFLERBACH, DeLUCA, OLASZ and ALDERETTE

An Act providing for the marketing of gasoline products; and providing penalties.

Referred to Committee on BUSINESS AND COM- MERCE, January 31, 1983.

No. % By Representative STEWART

An Act authorizing the Department of General Services, with the approval of the Governor and the Department of Environ- mental Resources, to convey a tract of land in Lower Yoder Township, Cambria County, in exchange for another tract located in the same township.

Referred to Committee on STATE GOVERNMENT, January 31, 1983.

No. 97 By Representatives BURNS, GALLAGHER, CLYMER and REINARD

An Act amending "The Second Class Township Code," approved May I, 1933 (P. L. 103, No. 69), creating a civil service commission in certain townships; and further providing for the powers and duties of supervisors.

Referred to Committee on LOCAL GOVERNMENT, January 31, 1983.

No. 98 BY Representatives GALLAGHER and BURNS

An Act amending Title 24 (Education) of the Pennsylvania Consolidated Statutes, further providing for disability annuities.

Referred to Committee on EDUCATION, January 31, 1983.

No. 99 By Representatives BURNS, GALLAGHER, REINARD, CLYMER and J . L. WRIGHT

An Act amending the "Public School Code of 1949," approved March 10, 1949 (P. L. 30, No. 14), providing for pay- ments to school districts to cover a portion of the costs to control or eliminate the health problems posed by the presence of asbes- tos in ?ublic schools.

Referred to Committee on EDUCATION, January 31, 1983.

No. 100 By Representatives BURNS, GALLAGHER, REINARD, CLYMER and J . L. WRIGHT

An Act providing for the education and training of deputy sheriffs; creating the Deputy Sheriffs' Education and Training Commission; providing for the powers and duties of the commis- sion and the Attorney General; establishing the Deputy Sheriffs' Education and Training Fund; providing for a surcharge on sher- iffs' fees; and providing penalties.

I Referred to Committeeon JUDICIARY, January 31, 1983.

No. 101 By Representatives BURNS, GALLAGHER, MAIALE, REINARD, J . L. WRIGHT and CLYMER

An Act amending the "Health Care Facilities Act," approved July 19, 1979 (P. L. 130, No. 48). providing for hemodialysis ser- vices.

Referred to Committee on HEALTH AND WELFARE, January 31, 1983.

No. 102 By Representatives PIEVSKY, GALLAGHER, DOMBROWSKI, COLAFELLA and SALOOM

An Act requiring automobile insurance companies to reduce premium charges to qualified insured individuals who success- fully complete an approved motor vehicle accident prevention course.

Referred to Committee on INSURANCE, January 31, 1983.

No. 103 By Representatives GALLAGHER, BURNS, CORDISCO and J . L. WRIGHT

An Act amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, further providing for public availability of certain law enforcement records; and further providing for delinquency hearings.

Referred to Committeeon JUDICIARY, January 31, 1983.

No. 104 By Representatives GALLAGHER, SWEET, BURNS, J . L. WRIGHT, GREENWOOD, CORDISCO and CLYMER

An Act amending the act of July 27, 1967 (P. L. 186, No. 58). entitled "An act imposing liability upon parents for personal injury, or theft, destruction, or loss of property caused by the wilful, tortious acts of children under eighteen years of age, setting forth limitations, and providing procedure for recovery," increasing the limits of parental liability.

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68 LEGISLATIVE JOURNAL-HOUSE JANUARY 31,

Referred to Committee on JUDICIARY, January 31,1983.

No. 105 By Representatives GALLAGHER, HARPER, BURNS, CORDISCO and J. L. WRIGHT

An Act amending "The Casualty and Surety Rate Regulatory Act," approved June 11, I947 (P. L. 538, No. 246). providing a criteria for the establishing of rates for automobile liability insur- ance.

Referred to Committee on INSURANCE, January 31, 1983.

No. 106 By Rcpresenlat~ve~GAL.I.AtiHt.K, MERRY, MRKONIC, ALDERETTE and COY

A Joint Resolution proposing an amendment to the Constitu- tion of the Commonwealth of Pennsylvania, restricting the power of the Governor to grant and the Board of Pardons to recom- mend pardons and commutation of. sentences for persons sen- tenced to life imprisonment.

Referred t o Committee on JUDICIARY, January 31, 1983.

No. 107 By Representatives PETRARCA, SALOOM, COLAFELLA, MANDERINO, STAIRS, BOWSER, KUKOVICH and OLASZ

An A n requiring the Department of General Services to pur- chase certain motor vehicles during a limited period of time.

Referred to Committee on STATE GOVERNMENT, January 31, 1983.

No. 108 By Representatives PETRARCA, SALOOM, STAIRS, BOWSER and OLASZ

An Act amending the "Tax Reform Code of 1971," approved March 4, 1971 (P. L. 6, No. 2), excluding from the sales tax motor vehicles manufactured within this Commonwealth.

Referred to Committee on FINANCE, January 31, 1983.

No. 109 By Representatives BLAUM, KUKOVICH, TIGUE, CAWLEY, HASAY, STEVENS, D. R. WRIGHT, WACHOB, DeWEESE, STUBAN, COWELL, BALDWIN, COLAFELLA, EVANS, BELFANTI, CIMINI, PISTELLA, AFFLERBACH, KOSINSKI, WILSON, FATTAH, DAWIDA, MORRIS, PRATT, DALEY, HALUSKA, SEVENTY, VAN HORNE, BATTISTO, WOZNIAK, L.UCYK, FRYER, SALOOM, GAMBLE, B. SMITH, McINTYRE, MRKONIC, MILLER, DeLUCA, CAPPABIANCA, BELARDI, SERAFINI and COSLETT

An Act amending Title 66 (Public Utilities) of the Pennsylvania Consolidated Statutes, further providing for the Public Utility Commission.

Referred to Committee on CONSUMER AFFAIRS, January 31, 1983.

No. 110 By Representatives IRVIS, OLIVER, MORRIS and WIGGINS

An Act amending the act of June 19, 1982 (No. 23A). entitled "An act making an appropriation to the Downingtown Industrial and Agricultural School, Downingtown, Pennsylvania," provid- ing an additional appropriation for certain unpaid bills and debts.

Referred to Committee on APPROPRIATIONS, January 3 1, 1983.

No. 111 By Representatives ZWIKL, AFFLERBACH and PIEVSKY

An Act making an appropriation to the Pennsylvania Emer- gency Management Agency for the reimbursement of certain municipalities for uninsured losses resulting from the severe storm and flood of August 9 and 10,1982.

Referred to Committee on APPROPRIATIONS, January 31, 1983.

No. 112 By Representatives KENNEDY, MERRY and VROON

An Act providing for a mandatory one year moratorium on all salary increases or fringe benefit increases for executives and employees of the Executive, Legislative and Judicial departments and employees of the various independent agencies.

Referred to Committee on STATE GOVERNMENT, January 31, 1983.

No. 113 By Representatives OLASZ, CLARK, PETRARCA, IRVIS, MANDERINO, BELFANTI, ITKIN, PISTELLA, CESSAR, MARMION, BOOK, STEIGHNER, LUCYK, BURD, McCALL, BALDWIN, BARBER, SEVENTY, DeLUCA, TRELLO, CAPPABIANCA, TELEK, GAMBLE, SALOOM, SERAFINI, DOMBROWSKI, GEORGE, CAWLEY, COLE, PRESTON, DUFFY, DAWIDA, VAN HORNE, MRKONIC, WARGO, CALTAGIRONE, KASUNIC, LETTERMAN, MICHLOVIC, F. E. TAYLOR, DeWEESE, STEWART, WOZNIAK, KUKOVICH, HALUSKA, AFFLERBACH, McMONAGLE, EVANS, LAUGHLIN, COLAFELLA, HOEFFEL, TIGUE. ZWIKL, GRUITZA, POTT, OLIVER, COWELL, LESCOVITZ and WACHOB

An Act requiring health and accident insurance coverage to become effective upon the rehiring of certain individuals.

Referred to Committee on INSURANCE, January 31, 1983.

No. 114 By Representatives LESCOVITZ, COLAFELLA, ALDERETTE and LAUGHLIN

An Act providing for financial assistance to municipalities which suffer sudden and severe economic loss; prescribing powers and duties of the Department of Community Affairs; and making an appropriation.

Referred to Committee on LOCAL GOVERNMENT, January 31, 1983.

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1983 LEGISLATIVE JOURNAL-HOUSE 69

RESOLUTIONS REPORTED FROM COMMITTEE I HR 7, PN 31 By Rep. MANDERINO Urging Conrail to retain certain trackage and freight service

relating to the Port of Erie.

RULES.

HR 12, PN 106 By Rep. MANDERINO House congratulates the 1982-1983 Pennsylvania State Univer-

sity "Nittany Lions" football team on being named national champions.

RULES. I BILL REPORTED FROM COMMITTEE,

CONSIDERED FIRST TIME, AND TABLED I HB 94, PN 103 By Rep. RAPPAPORT An Act amending the "Pennsylvania Election Code,"

approved June 3, 1937 (P. L. 1333, No. 320), further providing for the municipal primary.

JUDICIARY. I ADJOURNMENT I

The SPEAKER. There being no further business to be brought before the House this afternoon, the Chair recognizes the gentleman from Lehigh, Mr. Afflerbach.

Mr. AFFLERBACH. Mr. Speaker, I move that this House do now adjourn until Tuesday, February 1, 1983, at 11 a.m., e.s.t.

On the question, Will the House agree to the motion? Motion was agreed to, and at 3:33 p.m., e.s.t., the House