I MICHLOVIC. TRELLO. FLICK. FATTAH, · I MICHLOVIC. TRELLO. FLICK. FATTAH, PRAYER VAN HORSE, BOOK,...

18
COMMONWEALTH OF PENNSYLVANIA WEDNESDAY, MARCH 21, 1984 SESSION OF 1984 168TH OF THE GENERAL ASSEMBLY No. 21 HOUSE OF REPRESENTATIVES The House convened at I1 a.m., e.s.t. THE SPEAKER (K. LEROY IRVIS) IN THE CHAIR PETRONE, COHEN, MARKOSEK, KOSINSKI, D. R. WRIGHT, ARTY, PISTELLA, LAUGHLIN, HERMAN, PRATT, MRKONIC, PETRARCA, HARPER, LUCYK, OLASZ, COLAFELLA, MICHLOVIC. TRELLO. FLICK. FATTAH, I PRAYER VAN HORSE, BOOK, POTT, BURD, REV. DR. DAVID R. HOOVER, chaplain of the House of Representatives, from McConnellsburg, Pennsylvania, offered the following prayer: Eternal God and redemptive Father of all mankind, it is with adoration and praise that we come before Thee. We read in Thy word concerning Thy outpouring love toward all of Thine own and the compulsive desire which each of us should show toward one another. We are conscious of the example which Thou wouldst have us set in our dealings and associa- tions with each other and are reminded of Thy righteousness in Thine attitude towards all men. We humbly pray that our actions may reflect the truths of Thy word, the pattern of Thy will and way, and the needed COWELL, DALEY, BATTISTO, DUFFY, GAMBLE, McMONAGLE, PETRARCA, LIVENGOOD, SALOOM and MISCEVICH An Act amending the "Senior Citizens Rebate and Assistance Act." aooroved March 11. 1971 (P. L. 104. No. 3). further defin- . .. ing the term "claimant" Referred to Committeeon FINANCE, March 21, 1984. No. 2003 By Representative PRATT An Act amending the "Fire and Panic Act," approved April 27, 1927 (P. L. 465, No. 299), including certain townhouses and 1 rowhouses within the provisions of the act. Referred to Committee on BUSINESS AND COM- 1 MERCE, March 21, 1984. JOURNAL APPROVED pathway for our day and the problems thereof, through the confidence of Thy continued love and blessing and the hope of a better day. Amen. PLEDGE OF ALLEGIANCE (Thepledgeof Allegiance wasenunciatedby members.) JOURNAL APPROVAL POSTPONED The SPEAKER. Without objection, approval of the Journal of Tuesday, March 20, 1984, will be delayed until the Journal is in print. The Chair hears no objection. The SPEAKER. The Journal for Tuesday, February 14, 1984, is in print, and unless the Chair hears objection, the Journal will stand as printed. The Chair hears no objection. No. 2004 By Representatives BUNT, McCLATCHY, GODSHALL, PIEVSKY, CORNELL, SAURMAN, HAGARTY, NAHILL and GLADECK An Act amending ihe act of November 27, 1970 (P. L. 773, No. 256), entitled "A supplement to the act of November 25, 1969 (P. L. 310, No. 133). entitled 'An act providing for the capital budget for the fiscal year 1969.1970,' itemizing public improvement projects to be acquired or constructed by the General State Authority, together with their estimated financial costs," harmonizing provisions of conflicting amendments; and providing additional funds for a project. Referred to Committee on APPROPRIATIONS, HOUSE BILLS INTRODUCED AND REFERRED No. 2002 By Representatives DeLUCA, KASUNIC, HERSHEY, BELOFF, GRIECO, BELFANTI, HALUSKA, MILLER, March 21, 1984. No. 2005 By Representatives GREENWOOD, GEORGE, HASAY, MCHALE, GALLAGHER, FREEMAN, WILSON, D. W. SNYDER, DeWEESE, RYBAK, PUNT, CAPPABIANCA, STEWART, MORRIS, JAROLIN, STEIGHNER, MICHLOVIC, BOYES, BURD, DURHAM, HERSHEY, COY, SHOWERS. B. SMITH, WOZNIAK, BROUJOS and KUKOVICH

Transcript of I MICHLOVIC. TRELLO. FLICK. FATTAH, · I MICHLOVIC. TRELLO. FLICK. FATTAH, PRAYER VAN HORSE, BOOK,...

COMMONWEALTH OF PENNSYLVANIA

WEDNESDAY, MARCH 21, 1984

SESSION OF 1984 168TH OF THE GENERAL ASSEMBLY No. 21

HOUSE OF REPRESENTATIVES The House convened at I1 a.m., e.s.t.

THE SPEAKER (K. LEROY IRVIS) IN THE CHAIR

PETRONE, COHEN, MARKOSEK, KOSINSKI, D. R. WRIGHT, ARTY, PISTELLA, LAUGHLIN, HERMAN, PRATT, MRKONIC, PETRARCA, HARPER, LUCYK, OLASZ, COLAFELLA, MICHLOVIC. TRELLO. FLICK. FATTAH,

I PRAYER VAN HORSE, BOOK, POTT, BURD,

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

Eternal God and redemptive Father of all mankind, it is with adoration and praise that we come before Thee. We read in Thy word concerning Thy outpouring love toward all of Thine own and the compulsive desire which each of us should show toward one another. We are conscious of the example which Thou wouldst have us set in our dealings and associa- tions with each other and are reminded of Thy righteousness in Thine attitude towards all men.

We humbly pray that our actions may reflect the truths of Thy word, the pattern o f Thy will and way, and the needed

COWELL, DALEY, BATTISTO, DUFFY, GAMBLE, McMONAGLE, PETRARCA, LIVENGOOD, SALOOM and MISCEVICH

An Act amending the "Senior Citizens Rebate and Assistance Act." aooroved March 11. 1971 (P. L. 104. No. 3) . further defin- . .. ing the term "claimant"

Referred to Committeeon FINANCE, March 21, 1984.

N o . 2003 By Representative PRATT

An Act amending the "Fire and Panic Act," approved April 27, 1927 (P. L. 465, No. 299), including certain townhouses and

1 rowhouses within the provisions of the act.

Referred to Committee on BUSINESS AND COM- 1 MERCE, March 21, 1984.

JOURNAL APPROVED

pathway for our day and the problems thereof, through the confidence of Thy continued love and blessing and the hope of a better day. Amen.

PLEDGE OF ALLEGIANCE

(Thepledgeof Allegiance wasenunciatedby members.)

JOURNAL APPROVAL POSTPONED

The SPEAKER. Without objection, approval of the Journal of Tuesday, March 20, 1984, will be delayed until the Journal is in print. The Chair hears no objection.

The SPEAKER. The Journal for Tuesday, February 14, 1984, is in print, and unless the Chair hears objection, the Journal will stand as printed. The Chair hears no objection.

No. 2004 By Representatives BUNT, McCLATCHY, GODSHALL, PIEVSKY, CORNELL, SAURMAN, HAGARTY, NAHILL and GLADECK

An Act amending ihe act of November 27, 1970 (P. L. 773, No. 256), entitled "A supplement to the act of November 25, 1969 (P. L. 310, No. 133). entitled 'An act providing for the capital budget for the fiscal year 1969.1970,' itemizing public improvement projects to be acquired or constructed by the General State Authority, together with their estimated financial costs," harmonizing provisions of conflicting amendments; and providing additional funds for a project.

Referred to Committee on APPROPRIATIONS,

HOUSE BILLS INTRODUCED AND REFERRED

No. 2002 By Representatives DeLUCA, KASUNIC, HERSHEY, BELOFF, GRIECO, BELFANTI, HALUSKA, MILLER,

March 21, 1984.

No. 2005 By Representatives GREENWOOD, GEORGE, HASAY, MCHALE, GALLAGHER, FREEMAN, WILSON, D. W. SNYDER, DeWEESE, RYBAK, PUNT, CAPPABIANCA, STEWART, MORRIS, JAROLIN, STEIGHNER, MICHLOVIC, BOYES, BURD, DURHAM, HERSHEY, COY, SHOWERS. B. SMITH, WOZNIAK, BROUJOS and KUKOVICH

470 LEGISLATIVE JOURNAL-HOUSE MARCH 21, - ~p

An Act requiring that the interbasin transfer of waters of the Commonwealth shall be permitted only when such transfer is found to be necessary, is compatible with long range water resource planning and proper management and use of the water resources of the Commonwealth.

Referred to Committee on CONSERVATION, March 21, 1984.

No. 2006 By Representatives COY, PUNT, SHOWERS, NOYE and D. R. WRIGHT

An Act amending Title 75 (Vehicles) of the Pennsylvania Con- solidated Statutes, authorizing political subdivisions to regulate the weight of certain vehicles.

Referred to Committee on TRANSPORTATION, March 21, 1984.

No. 2007 By Representatives MILLER, ZWIKL, BRANDT, AFFLERBACH, COLE and POTT

An Act amending "The County Code," approved August 9, 1955 (P. L. 323, No. 130). authorizing the imposition of a tax on hotel room rentals for the purpose of funding historjc preserva- tion, farmland preservation and tourist promotion activities.

Referred to Committee on URBAN AFFAIRS, March 21, 1984.

No. 2008 By Representatives A. C. FOSTER, JR., TRELLO, G. M. SNYDER, PRATT, FEE, DORR, PISTELLA, MOEHLMANN, CORNELL, GRUPPO, COLAFELLA, LESCOVITZ, BROUJOS, COLE, WILSON, LAUGHLIN, B. SMITH, ROBBINS, FLICK, GEIST, CARN, LLOYD, LEHR, PETRONE, SEVENTY and McMONAGLE

An Act amending the "Tax Reform Code of 1971," approved March 4, 1971 (P. L. 6 , No. 2). further providing for agreements with other states with reference to the income tax.

Referred to Committeeon FINANCE, March 21, 1984

HOUSE RESOLUTIONS INTRODUCED AND REFERRED

NO. 199 By Representatives PRATT, FEE, GRUITZA, COLAFELLA, POTT,

KUKOVICH, OLASZ, SEVENTY, HALUSKA, MARKOSEK, CAWLEY, COWELL, DALEY, JAROLIN, KASUNIC, F. E. TAYLOR, D. R. WRIGHT, COY, CLARK, McHALE, RUDY, HARPER, BLAUM. MORRIS, CAPPABIANCA, HAYES, MRKONIC, FEE, PETRARCA, GEORGE, FISCHER, STAIRS, BOWSER, DeLUCA, VAN HORNE. BROUJOS. BATTISTO, CALTAGIRONE, COLE, STEWART, WOZNIAK, WAMBACH, KOWALYSHYN, RYBAK, KOSINSKI, FATTAH, CARN and DEAL

Memorializing Congress to extend the provisions of section 127 of the United States Tax Code.

Referred to Committee on RULES, March 21, 1984.

No. 201 By Representatives STEIGHNER, MORRIS and GRlECO

Memorializing Congress to review the current foreclosure practice of the Farmers Home Administration.

Referred to Committee on RULES, March 21, 1984.

No. 202 By Representative STAIRS

Directing the Joint State Government Commission to study the problems associated with common law marriages.

Referred to Committee on RULES, March 21, 1984.

/ SENATE BlLLS FOR CONCURRENCE

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

8 SB 717, PN 1808

Referred to Committee on JUDICIARY, March 21, 1984.

SB 1181, PN 1596

Referred to Committee on TRANSPORTATION, March 21, 1984.

SB 1213, PN 1647

Referred to Committee on TRANSPORTATION, March 21, 1984.

Memorializing Congress to pass legislation permitting the use of Federal highway funds for the construction of toll roads and bridges.

HALUSKA, BELFANTI, FARGO, OLASZ, HERMAN, ALDERETTE, KUKOVICH, GEIST, COLE, LLOYD, RUDY, McVERRY, FISCHER, WOZNIAK, MclNTYRE, BATTISTO, PETRARCA, DALEY and ROBBINS

Referred to Committee on RULES, March 21, 1984

SB 1231, PN 1811

Referred to Committee on JUDICIARY, March 21. 1984.

SB 1255, PN 1722

Referred to Committee on HEALTH AND WELFARE, March 21. 1984.

No. 200 By Representatives SALOOM, GALLAGHER, MANDERINO, ALDERETTE, TRELLO, LIVENGOOD.

SENATE MESSAGE

AMENDED HOUSE BILLS RETURNED FOR CONCURRENCE

The clerk of the Senate, being introduced, returned HB 946, PN 2528; and HB 1397, PN 2682, with information that

LEGISLATIVE JOURNAL-HOUSE

the Senate has passed the same with amendment in which the concurrence o f the House of Representatives is requested.

SENATE MESSAGE

HOUSE BILL CONCURRED IN BY SENATE

The clerk of the Senate, being introduced, returned HB 1643, PN 2083, with information that the Senate has passed the same without amendment.

BILL SIGNED BY SPEAKER

The Chair gave notice that he was about to sign the follow- ing bill, which was then signed:

HB 1643, PN 2083

LEAVE OF ABSENCE GRANTED

The SPEAKER. The Chair is about to take leaves of absence. Are there any leaves on the Democratic side?

The Chair recognizes the gentleman from Lawrence, Mr. Fee.

Mr. FEE. Mr. Speaker, I ask leave for the gentleman from Allegheny, Mr. CLARK, for today.

The SPEAKER. Without objection, leave is granted. The Chair hears no objection.

The Chair will return to leaves of absence once the minor- ity whip is on the floor.

MASTER ROLL CALL RECORDED

The SPEAKER. The Chair is about to take the master roll call for the day. Members will proceed to vote.

The following roll call was recorded:

PRESENT- I97

Afflerbach Aldereue Angstadt Armstrong Arty Baldwln Barber Bal t~rro Bclardl Belfam~ Beloff Blaum Book Bowser Roles Brand1 Broujor Bunt Burd Burni Callaglrone Cappablania Carn Canley

Fattah Fee Fircher Flick Foster. W. W. Foster. Jr.. A. Freeman Freind Fryer Gallagher Gallen Gamble Cannon Cei5r Georgt Ciladeck Godchall Greenwood Grieco Grullra Gruppa Hagart) Halmka Harpcr

Lucyk McCall McClatch, McHale Mclntyre McMonaglc McVerry Mackowki Madigan Maiale hlanderina Manmkller Markoiek Mayernik Merry Michlokic Micoziic Miller Mixcrich Mochlmann

Ryan Rybak Saloom Sal\atore Sauiman Scheeti Schiiler Semmel Seratini Scvenr) Showerr Sirianni Smith. R . Smith. L. C . Snvder. D. W. Snyder, G . M. Spilr Stairs

Cessar Cimini Civera Clymei Cohen Coiafella Cole Cornell Coaletl Cowcll COY Deluca DeVerter DeWeese Daley Davies Dawida Deal Dietz Dombrowrki Donatucci Darr D u l h Durham Evans Fargo

Hasay Nahill Hayes Noye Herman O'Brien Hershey O'Donnell Hoeffel Olasr Honaman Oliver ltkin Perzel Jackson Peterson Jarolin Petrarca Johnson Peliane Kasunic Phillips Kennedy Piccola Klingaman Piersky Karinski Piqtella Kowalyrhyn Pitts Kukarich Pot1 Lashinger Pralt Laughlin Preston I.ehr Punt Lescavilz Rappaport Lclrerman Reber Lcvi Rcinaid Levin Richardson Linton Rieger I.ivengoad Robbins Lloyd Rudy

ADDITIONS-0

NOT VOTING-0

EXCUSED-6

Taylor. E. Z. Taylor, F. E. Telek Tigue Trello Truman Van Horne Vroon Wachob Wambach Wargo Wars Weston Wiggins Williams Wilson Wogan Wozniak Wright, D. R. Wright, J . L . Wright, R. C. Zaikl

Irvis. Sneaker

Clark Dlninni Marmion Spencer Cordicco Hulchinson

LEAVE ADDED-I

Grieco

WELCOMES

The SPEAKER. The Chair is delighted to welcome to the hall of the House Dr. and Mrs. Robert Hilkine and their charming daughter, Debbie. They are here as the guests of Representative Charlie Nahill. The Speaker had the opportu- nity to meet with them in his office and is delighted to have them here.

We have with us a distinguished group of 14 members of the Montgomery County Student Forum. Patricia Dynan is the president, and she is from the Lansdale Catholic High School. Patricia stands to the left of the Chair symbolic of the new leaders that we are developing here in Pennsylvania. The other students are to the rear o f the hall o f the House. Welcome to all of you. We are delighted to have you here. Patricia and the other students of the student forum.

LEAVE OF ABSENCE GRANTED

The SPEAKER. Does the minority whip have any leaves of absence?

Mr. HAYES. Yes, Mr. Spcaker. 1 request leave for the gen- lleman from Lycoming, Mr. GRIECO, for the day.

The SPEAKER. Without objection, leave will be granted. The Chair hears no objection.

472 LEGISLATIVE JOURNAL-HOUSE MARCH 21,

Elected Representatives of this House of the great State of SB 408, PN HR 1910, P N 2676; and HB 850, PN Pennsvlvania. mv fellow veterans and Legionnaires, guests. i t -

ADDITIONS AND DELETION OF SPONSORS

The SPEAKER. The Speaker acknowledges receipt from the majority leader of various additions and deletions for sponsorships of bills, which the clerk will file.

ADDITIONS: HB 453, Geist, Colafella; HB 760, Preston; HB 1591,

Herman; HB 1626, Caltagirone; HB 1642, Mackowski: HB 1746, Michlovic; HB 1825, Grieco; HB 1910, Telek; HB 1924, Herman; HB 1951, Richardson; HB 1959, Cam; HB 1967, Cornell, Merry, Johnson, Cannon, Steighner, Battisto: HB 1972, Mackowski; H B 1983, Madigan; HB 1984, Caltagirone;

HB 1992, Fischer, DeLuca, Merry, Civera, Stevens, B. Smith, Trello, Clark, Jarolin, Micozzie, Michlovic, Freeman, Tigue, Rybak, Itkin, Pratt, Mrkonic, Rappaport, Petrone, Pistella, Haluska, Cimini, Boyes; HR 195, Rudy.

DELETION: H B 1289, Miscevich.

NATIONAL COMMANDER OF THE AMERICAN LEGION PRESENTED

The SPEAKER. Whenever this country has been in danger, as it has been on too many occasions during this century, we have called on the men and women of this land to defend us. We have with us today such a group representing the highest ideals of American patriotism.

The Chair invites a t this time the Honorable Keith Kreul, who is the national commander o f the American Legion, to address the House of Representatives and instructs Com- mander Kreul's escort to escort him down the center aisle of the House o f Representatives and here to the Speaker's podium.

Members will please rise. (Members stood.) The SPEAKER. I give you now the national commander of

the American Legion, the Honorable Keith Kreul. Commander KREUL. Thank you very much.

At this time I would certainly like to bring you the greetings of not only the Legionnaires of the Department of Pennsyl- vania but also the 2.6 million veterans who are located throughout [his great land, [he united stales of America, I thank you very much for this time this morning. Thank you.

The SPEAKER. The Chair recognizes the minority leader.

~ r . RYAN. Mr. Speaker, with the permission of the Chair and the permission of the House, 1 would like to make a brief statement in connection with HB 1781 either before or after its consideration. It is on page 8 of the calendar, and it deals ~ i t h the adoption of the Pearl Harbor commemorative reso- lution,

he SPEAKER. If the gentleman will defer, 1 will call on the gentleman just before we place the vote on it. Do you wish to speak before [he vote is taken?

Mr. RYAN. It does not really matter, Mr. Speaker. The reason I wanted to gain the Chair's attention at this time was I thought perhaps the Chair was going to go out of order and move the adoption o f the resolution while the members of the veterans' organization were present.

The SPEAKER. It would have been a nice thing. The Chair was not aware that it was on there.

WELCOME

The SPEAKER. The Chair is delighted to welcome to the hall of the House, as guests of Representative Ken Brandt, a group of students from Denmark - Ib Klausen, Egil Knudsen, Tom Vestergaard Frandsen, Peder Kronborg Johansen, Olesen Jorn, and Peter Seehausen. Welcome.

CALENDAR

BILLS AGREED TO ON SECOND CONSIDERATION

The following bills, having been called up, were considered for the second time and agreed to, and ordered transcribed for third consideration:

. . - - is certainly a privilege and honor for me to have the opportu- nity to speak briefly this morning to you during your session.

1 want to express my appreciation and thanks to each of you for the support of the bill, HB 171 1, which I understand

241.5,

* * *

The House proceeded to second consideration of H B 403, p~ 453 enrirled.

was passed yesterday recognizing veterans of this State, and more specifically the American Legion, by naming the highway the American Legion Highway. Certainly I thank

- . . . - - , - . . . . . . - - . An Act making an appropriation to the Office of Attorney

General for the payment of certain moral claims against the Com- monwealth,

you for that. I thank you for the continuing support of the Scotland

School for which supplies the needed edu. cation to needy veterans' children to make them better citizens of this fine State. Certainly your interest and your support for

On the question, Will the House agree to the bill on second consideration?

BILL RECOMMITTED the third veterans' home, to be located in southeast Pennsyl- vania, is o f utmost importance to those of us who did bear the battle in support of a free and democratic society, and I thank you from the bottom of my heart.

The SPEAKER. The Chair recognizes the majority leader. Mr. MANDERINO. Mr. Speaker, I move that HB 403, P N

453, be recommitted to the Committee on Appropriations for a fiscal note.

LEGISLATIVE JOURNAL-HOUSE

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

BILLS AGREED TO ON SECOND CONSIDERATION CONTINUED

The following bills, having been called up, were considered for the second time and agreed to, and ordered transcribed for third consideration:

HB 1799, P N 2675; SB 750, PN 865; SB 525, PN 1815; HB 817, PN 914: HB 1157, PN 2269; and HB 1817, P N 2692.

BILLS REPORTED FROM COMMITTEE, CONSIDERED FIRST TIME, AND TABLED

HB 1338, PN 1597 By Rep. LAUGHLIN An Act requiring public notice of certain conditions relating to

a public water supply; and providing a civil penalty.

CONSUMER AFFAIRS.

SB 165, P N 1103 By Rep. LAUGHL.IN An Act amending the act of April 6, 1951 (P. L. 69, No. 20).

entitled "The Landlord and Tenant Act of 1951," defining "tenants' organization or association"; and prohibiting nonre- newal or termination of a lease on the basis of certain activities.

CONSUMER AFFAIRS.

WELCOMES

The SPEAKER. We have in the gallery, as guests of Repre- sentative Daley, several students from California University - Chris Thomas, Rick Shapiro, Tammy Swoger, Louis Villotti, and Brian Mentrer.

Also, as guests of Representative Semmel and here with their instructor, Mr. John Gauger, is a group of I5 students from the State and local government class of Lehigh County Community College.

BILLS ON THIRD CONSIDERATION

On final passage, the Chair recognizes the gentleman from Clearfield, Mr. George.

Mr. GEORGE. Thank you, Mr. Speaker. I just want to make a few remarks so it is on record that 1

stated my personal opinion and the reason for my vote. I am sure that the sponsor of this measure means well,

because as I rcad the bill, I think it has meaningful purpose. But where I come from, not more than 6 months ago there was a young man killed because he went through one of these so-called guide wires that they put up that an individual cannot see while riding one of these recreational vehicles. Of course that young man is dead, and we still have that situation where they string these wires and they d o not have the proper coloring or the proper manner in which to advise these people.

I can understand that there are two philosophies. If you own property, you should be able t o keep somebody off it, but my concern is about the part of the bill that now goes from private interest to public interest, and that is the reason I am going to vote "no." I am not going t o try to encourage you to d o so; 1 am going to do so.

The reason is that 1 know that 1 get several complaints in my area that the Game Commission goes out on occasion because they feel they d o not want a road traveled because of the time of the year that the road is wet. So in order to attempt the degradation of that road, they will go out and just simply cut a tree over to keep somebody from traveling that road. My concern is that i t could be somebody whom you know or somebody you are related to who just might go out there at dusk with one of these vehicles and run into that tree and kill himself.

Now, the Game Commission will say, no, they d o not d o that, but I know for a fact they d o d o that. I also know for a fact, whether i t is the Department of Environmental Resources or whosoever, that if they open up that property according to this bill, they are alleviated from any responsibil- ity or dereliction and basically allevialed from any penalty or any responsibility for any manner in which someone is hurt. I say that i f the taxpayers own that ground and their tax dollars keep up that piece of property, then we should be allowed to eo on that oronertv and those who care for that Drooertv

the Comrnon\r.ealth could get away with i t because they did

The House proceeded to third consideration of HB 1535, P N 2585, entitled:

An Act amending the act o f February 2, 1966 (1965 P . L. 1860. No. 5861, entitled "An act encouraging landowners to make land and water areas available to the public for recreational purposes by limiting liability in connection therewith, and repealing certain acts," further providing lor the definitions of "owner" and "rec- reational purpose."

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

The SPEAKER. This bill 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?

- . . , . . . should be responsible if in fact someone is hurt or killed. That is the reason I am going to vote "no" on this bill.

The SPEAKER. The Chair thanks the gentleman. on final passage, the Chair the gentleman from

Centre, Mr. Lelterman. Mr. LETTERMAN. Thank Y o u s M r . Mr. Speaker, I become quite concerned when we say that

we have limited liability on public-ouned land. Like some of the fellows on the other side of the aisle when I was talking to them said, that means, how good is your lawyer? If your lawyer i b good, limited liability might be okay; but if he is not very good, i t might not be okay.

I t ha t George several things that really disturb me. There are guidelines put across roads to keep people off it. I S they are not properly marked, I just wonder if

Mr. LETTERMAN. 1 would be willing to work this bill out , but it is not satisfactory to me in the way it is written right now. I d o not know if we could put it back in a committee and work it out. 1 think the intention is great, but what I see there really disturbs me in taking that liability away from public- owned land, and for that reason, I am going to vote "no." 1 will not tell,you what to do; I will not ask you to d o that. But I would like to make a motion to table this bill until we can work this out t o try to put some kind of liability back on public-owned land.

The SPEAKER. The Chair thanks the gentleman. The Chair will place the motion of the gentleman after the

Chair recognizes the majority leader. Mr. MANDERINO. Thank you, Mr. Speaker. Mr. Speaker, very briefly, yesterday when this bill came up,

there seemed t o be some confusion about what it did, and 1 indicated that if the bill would go over for the day, we would have it looked at .

In 1966 the General Assembly passed a statute freeing, in certain circumstances, landowners, private landowners, who opened up their land for recreational purposes or upon whose land persons entered for recreational purposes, freed them from liability except for liability that they might have if they willfully or maliciously failed to warn of a dangerous condi-

474 LEGISLATIVE JOURNAL-HOUSE MARCH 21,

On the question recurring, Shall the bill pass finally?

not put the proper flags on that guideline to keep people from taking their neck o f f or taking a shot in the chest with that guideline.

It is a very serious situation, and I am sure that what is intended here is okay, but when you open it up to public lands and you let people put guidelines across and say that you are not allowed to use that road but they are not properly marked, I just wonder who is going to be responsible for that man's death, if i t happens. 1 believe that because o f this part- And we must remember that there are ATV's (all- terrain vehicles) now running, and they are being sold at such a rate we d o not even have an account o f how many of them there are. I have a piece of legislation pending that will license them in an attempt t o at least find out how many we have sold in the State of Pennsylvania. Honda Company has told me that they have sold last year alone 45,000 of them. That was just at the tail end of last year. This year, I understand, it could run 150,000. We are really being overrun by these vehicles and have to keep them in some kind of curtailment.

MOTION TO TABLE

The SPEAKER. The Chair recognizes the gentleman to speak on final passage.

Mr. LETTERMAN. One thing that bothers me: You know, the State would not willfully or knowingly go out there and put a cable across the road, but we have vandals throughout the forest, and they would take the flags o f f one of these guide wires across the road. When you are sitting on a snowmobile, you are down with your head at about the height that one of

1 these wires is put up. I d o not know how many of you ride snowmobiles, but 1 will tell you, if they put you in the lead some night when it is snowing and you are traveling 40 or 50 miles an hour and hit one of these, you are either going to take all your ribs with you or take your neck with you, and 1 just say t o you that this kind of liability cannot he dropped because of that reason. It is not that the State would willfully go out there and put a wire across that road; it is that vandals would take the flags of f the wires themselves. I really think we had better take another look at this bill and what we are doing. Thank you.

The SPEAKER. The Chair thanks the gentleman.

Now, 1, like the others, will not urge an affirmative or a negative vote, but I did want to give that explanation of what the bill does, since yesterday we passed i t over to get the infor- mation of how the bill affected liability on public lands if they are opened up for recreational purposes.

All recreational purposes are covered. The bill seems to add snowmobiling, but i t simply adds snowmobiling to an enu- merated series of recreational activities that are not all-inclu- sive in the bill. It simply says, including these but not limited to theye, and snowmobiling wasadded in that section.

The SPEAKER. The Chair thanks the gentleman. The Chair recognizes thegentleman, Mr. Letterman. Mr. LETTERMAN. Mr. Speaker, one thing 1 would like to

mention is-

MOTION WITHDRAWN

TheSPEAKER. Wi l l thegentleman yield. Does the gentleman insist on his motion, first of all? Mr. LETTERMAN. No. I would like to speak on- I with-

draw my motion. TheSPEAKER. You have withdrawn your motion.

MOTION TO TABLE

. . , This particular bill simply extends that act to public lands

that are owned by the Commonwealth. Should the Common- wealth open up any of its public lands for recreational pur- poses, the liability of the Commonwealth will be only for willful or malicious failure to warn of a danger that exists on the property.

tion. That is the law of the Commonwealth today, that if you engage in recreational activity on private land, whether it has been opened or whether it is frequented by recreational users, the landowner is not liable unless he willfully or maliciously fails to warn of a daneer on the orooertv.

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

MOTION WITHDRAWN

Mr. LETTERMAN. I would make the motion now to table this bill for further study.

The SPEAKER. It has been moved by the gentleman, Mr. Letterman, that the House table HB 1535, PN 2585.

The SPEAKER. The Chair recognizes ihc gentleman, Mr. Letterman.

LEGISLATIVE JOURNAL-HOUSE

Mr. LETTERMAN. Mr. Speaker, I am going to withdraw [ BILL RECOMMITTED that motion, because a lot of people have come to me who think we should put it back into a committee and drop the words "public lands'' out o f it.

I think that the intent of Mrs. Rudy particularly is to take care of the farmers. Is that right?

May I interrogate Mrs. Rudy, please? The SPEAKER. The lady, Mrs. Rudy, indicates she will

stand for interrogation. The gentleman, Mr. Letterman, is in order and may proceed.

Mr. LETTERMAN. Well, 1 will recommend that the bill then be put into the Conservation Committee for the purpose of eliminating public lands from the bill.

The SPEAKER. Is this a recommendation or a motion? Mr. LETTERMAN. It is a motion, sir. The final one. The SPEAKER. I am being very careful with you from now

on. You are like one of those sleeping bears that wake up all of a sudden. I will have to watch you from now on.

Mr. LETTERMAN. Mr. Speaker, would this be satisfac- I DECISION O F CHAIR RESCINDED tory if we take care of the private landowners t o encourage them but not the public land? Are you really sincere about being locked in with the public land?

Mrs. RUDY. Well, the bill, of course, definitely deals with two different aspects. It deals with the addition of snow- mobiling under recreational purposes, and it also deals ~ i t h the public lands. So you are dealing with two different aspects here in the whole bill.

One o f the original intents of the bill was, of course, to limit the liability of the property owner as far as private lands are concerned, t o include the definition of "snowmobiling" under it.

Mr. LETTERMAN. I can go along with that. You know, if we did not have vandals out there tearing

everything off everything that is on public land, 1 could go along with the whole bill, but 1 snowmobile, and 1 know the dangers that are out there, and 1 know that that is a very dan- gerous part o f it.

Mrs. RUDY. Are you saying that the Commonwealth delib- erately removes these flags that are on the wires?

Mr. LETTERMAN. No; the Commonwealth does not- The SPEAKER. Will the lady and the gentleman both

yield. You are not allowed to have a discourse on the floor of the

House, only t o interrogate. Now, if you will ask your ques- tions through the Speaker, the lady will answer them. If she wishes to make a reply in the form o f a statement, the Chair will recognize her, but let us not get so informal that we forget the rest o f the members are here.

Mr. LETTERMAN. Okay. The question was made to me, am I saying that the State would knowingly or willfully put a barricade up without properly marking it?

The SPEAKER. Have you finished interrogating the lady? Mr. LETTERMAN. Yes. The SPEAKER. All right. Then if you wish to make a state-

men1 on the floor concerning what may or may not happen under the bill, you are in order, because we are back on final passage, unless you think up another trick.

Mr. LETTERMAN. Do you want to ark me a question, Mr. Speaker, or d o you want me to ask you one?

Mrs. RUDY. Well, you can go ahead and give your final passage statement if you wish.

The SPEAKER. Without objection, the Chair rescinds its decision that the bill has been agreed to on third consider- ation. TheChair hears no objection.

On thequestion recurring, Will the House agree to the bill on third consideration?

7he SPEAKER. l t has heen moved by the M ~ , Letterman, that HB 1535, PN 2585, be recommitted to the committee on conservation,

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

The SPEAKER. On the motion, the Chair recognizes the gentleman from Bucks, Mr. Greenwood.

Mr. GREENWOOD. Thank you, Mr. Speaker. Very briefly, I would urge support of the motion to recom-

mit. I think if we take the bill back into committee and take out the public lands aspect of it, i t is a bill we can all support. I think that written as it is, the problem I have with it is that by removing the liability of the Commonwealth for injuries occurring as a result of snowmobiling, what we are doing is we are making it easier for the Commonwealth to allow snow- mobiles in State parks. As I said yesterday, I do not think that most people who use State parks in a passive way want t o contend with snowmobilers, so please vote to recommit. Thank you.

The SPEAKER. TheChair thanks thegentleman. On recommittal, the Chair recognizes the gentleman from

Somerset, Mr. Lloyd. Mr. LLOYD. Mr. Speaker, in order to determine how to

vote on recommittal, 1 would like to interrogate the majority leader.

The SPEAKER. The majority leader will stand for inter- rogation. The gentleman. Mr. Lloyd, may proceed.

Mr. LLOYD. Mr. Speaker, I would like to put a couple hypothetical situations and see what would happen under this bill if we do not recommit it.

If this bill in its present form were not t o be recommitted but were to be passed, and if the State wanted to forbid snow- mobiling or waterskiing or any of the other kinds of public recreational activities which are listed here in the bill, would the State still have the same right to exclude those from partic- ular sections o f State land?

Mr. MANDERINO. I t would be my understanding the bill \vould not spcdk lo that subject.

1984 LEGISLATIVE JOURNAL-HOUSE 477

An Act amending Title I8 (Crimes and Offenses) of the Penn- sylvania Consolidated Statutes, prohibiting the retention of mili- tary property after notice to return.

O n the question, Will the House agree to the bill on third consideration? Bill was agreed to.

Mr. WASS. Mr. Speaker, "proper notice," could you expand on that? What are the requirements of "proper notice"?

Mr. BROUJOS. As set forth, it is by personal notice upon the person or by mailing a registered or certified letter to the last known address, section (B).

O n final passage, the Chair recognizes the gentleman from Cumberland, Mr. Broujos.

Mr. BROUJOS. Mr. Speaker, this bill meets a need for the National Guard of Pennsylvania. They have requested this

The SPEAKER. This bill 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?

bill. There are a large number o f items of equipment and prop-

erty that are lost annually. This is needed to supplement the existing court-martial regulations. It provides for a summary offense for failure to return after proper notice and gives an opportunity for avoiding prosecution by restitution. The Department o f Military Affairs, General Scott, appeared at the time of hearing and supports this also. 1 ask for an affir- mative vote.

The SPEAKER. The Chair thanks the gentleman. O n final passage, the Chair recognizes the minority leader. Mr. RYAN. Mr. Speaker, would the gentleman, Mr.

Broujos, consent t o brief interrogation? The SPEAKER. The gentleman, Mr. Broujos, indicates he

will stand for interrogation. The minority leader may proceed.

Mr. RYAN. To start off with, Mr. Speaker, I support the bill, but my interrogation deals principally with one of clari-

Mr. WASS. Thank you very much. Mr. BROUJOS. Yes, sir. The SPEAKER. The Chair thanks the gentleman

fication. The question was raised in our caucus by a number of

people as to whether or not this would prevent the Federal Government from prosecuting an action more serious, perhaps, than a summary offense if the bill were passed. In other words, assume for a moment that a valuable piece of military equipment belonging to the Federal Government was taken. Could that individual who took the material, by plead- ing guilty t o a summary offense, paying a small fine, avoid a prosecution for the more serious offense of taking expensive or perhaps dangerous military equipment?

Mr. BROUJOS. Mr. Speaker, there is no question that there is a right for separate court-martial proceedings. 1 do not have the answer as to whether it would prevent Federal proceedings. 1 would suggest that the latitude presently available t o the government t o prosecute under the court- martial is sufficient, and if there is any further question, we will simply resolve it after it is affirmatively voted on.

The SPEAKER. The Chair thanks the gentleman. On final passage, the Chair recognizes the gentleman from

Indiana, Mr. Wass. Mr. WASS. Mr. Speaker, may 1 interrogate Mr. Broujos,

please? The SPEAKER. The gentleman indicates he will stand for

interrogation. The gentleman, Mr. Wass, may proceed.

On the question recurring, Shall the bill pass finally? The SPEAKER. Agreeable t o the provisions of the Consti-

tution, the yeas and nays will now be taken.

Afflerbach Alderette Angstadt Armstrang Arty Baldain Barber Battisto Belardi Belfanti Beloff Blaum Book Bowser Boyes Brandt Broujas Bunt Burd Burns Caltagirane Cappabianca Carn Cawley Cessar Cimini Civera Clymer Calafella Cole . Cornell Cailett Cawell COY Deluca DcVerter DeWeese Daley Davier Dawida Deal Dietz Dambrowski Donatucci Dorr Duffy Durham Erans Fargo

YEAS-192

Fatlah MoCall Fee McClatchy Fircher McHale Flick Mclntyre Foster, W. W. McMonagle Foster. J r . . A . McVerry Freeman Mackowski Fryer Madigan Gallagher Maiale Gallen Manderino Gamble Manmiller Ganllun Markosek Geist Mayernik George Merry Gladeck Michlavic Godshall Micozzie Greenwood Miller Gruitza Miicevich Gruppo Moehlmann Hagarty Morris Halurka Mowery Harper Mrkanic Hasay Hayes Herman Hershey Hoeffcl Honaman ltkin Jackson Jarolin Johnson Kasunic Krnnedy Klingaman Kosiniki Kowalyihyn Kukovich Laihinger Laughliri Lehr Leicobit2 Lctterrnan Levi Levin Linton Livengood Lloyd tucyk

hfurphy Nahill Noye O'Brien O'Dannell Olasz Oliver Perzel Petercon Petrarca Petrone Phillips Piccola Pievsky Pistella Pitts P0tt Pratt Preston Punt Reber Reinard Richardson Rleger Robbinr Rudy

Ryan Rybak Saloom Salvatore Saurman Scheetz Schuler Semmel Serafini Seventy Showers Sirianni Smith, B. Smith, L. E. Snyder, D. W. Snyder, C. M. Stairs Steighner Stevens Stewart Stuban Sweet Swift Taylor. E . 7.. ailo or. F. E . Telek Tigue Trella Truman Van Horne Vroon Wachob Wambach Wargo wass Wcstan Wiggins Williams Wilson Wogan Wozniak Wright, D. R. Wright, J . L. Wright. R . C. Zuikl

Irvis, Speaker

478 LEGISLATIVE JOURNAL-HOUSE MARCH 21,

NOT VOTING-3

Cahen Freind Spilr

EXCUSED-7

Clark Dininni Hutchinson Spencer Cordirco Grieca Mar mion

The majority required by the Constitution having voted in the affirmative, the question was determined in the affirma- tive.

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

* * *

The House proceeded to third consideration o f HB 1781, P N 2285, entitled:

An Act providing for the observance of December 7 of each year as Pearl Harbor Remembrance Day.

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

The SPEAKER. This bill 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?

On final passage, the Chair recognizes the minority leader. Mr. RYAN. Mr. Speaker, of course I support HB 1781, as I

feel sure everyone in this chamber will support that particular bill. I would, however, by standing here today, voice an objection to the procedure of the leadership, I suppose, in connection with the consideration of this bill.

If any of the members are of a mind to look at the House History, they will see that a similar bill, almost word for word, was introduced, oh, approximately several months before the introduction of HB 1781 by one of our members, Mr. Bruce Smith, HB 1642. 1 guess, Mr. Speaker, that it looking like a very opportune time to plagiarize the idea of someone from the other political party, another bill was put in some months later, HB 1781. Strangely enough, both bills were reported from two different committees, the one bill o f Mr. Smith's coming out of Military and Veterans Affairs, the other one coming out of the State Government Committee. Both bills were on the tabled calendar, and it just struck me as strange that the bill that was introduced much later than the Republican bill was the one that was removed from the tabled calendar, and I just thought this touch of irony would be something that would be amusing to our members. 1 can see the smiles on all their faces. Thank you, Mr. Speaker.

ANNOUNCEMENT BY SPEAKER

The SPEAKER. Just a moment. One of our members, Carmel Sirianni, has lost a very valuable gold chain, to which is attached a gold nugget with a diamond and ruby chip in it. She lost it someplace between her office and the floor of the House. Anyone who hears of that being recovered, please notify the Representative.

CONSIDERATION OF HB 1781 CONTINUED

The SPEAKER. The Chair now recognizes the majority leader.

Mr. MANDERINO. Mr. Speaker, I guess no one has a corner on the market o f December 7, Pearl Harbor Day. You know, that just happened on that day. Whether or not there has been copying in bills in the Assembly at this time or at past times is problematical. I do not know what occurred here. I can imagine that two people could have independent thoughts on the same matter. But when the two bills appeared to have been reported from committee on the same day from two sep- arate committees and each of them was on the table and each of them addressed the same subject matter, the majority leader had to make a choice. Frankly, I just looked at the sponsorship, and there was no choice; 1 picked the Demo- cratic bill.

The SPEAKER. The Chair thanks the majority leader. The Chair recognizes the minority leader. Mr. RYAN. I think the record should reflect that had I

been given the choice, I would have selected the Republican one, so I understand fully what the gentleman did.

The SPEAKER. The Chair thanks both gentlemen for their honesty.

On final passage, the Chair recognizes the gentleman from Washington, Mr. Daley.

Mr. DALEY. Mr. Speaker, I just want to thank the minor- ity leader for his support on my legislation. Thank you.

The SPEAKER. The Chair thanks the gentleman. The Chair recognizes the minority leader. Mr. RYAN. Mr. Speaker, I know it is probably in the

Speaker's mind, he being as evenhanded as his reputation is, to suggest that with a bill of this import it would not be wrong to invite all of the members of the House to join as cosponsors of this bill, despite their political affiliation.

The SPEAKER. The Chair believes the gentleman, Mr. Ryan's remarks rise above that of partisanship, and the Chair endorses it.

Unless there be an objection, which the Chair does not expect to hear, the Chair will instruct that when this bill is reprinted, the names of all the members of the House o f Rep- resentatives will be attached as sponsors thereto. The Chair hears no objection.

On the question recurring, Shall the bill pass finally? The SPEAKER. Agreeable to the provisions o f the Consti-

tution, the yeas and nays will now be taken.

YEAS-192

Alllerbach Fattah McCall Ryan Alderettr Fee McClalchy Rybak Angstadt Fischer hlcHale Saloam Armstrang Flick Mclntyre Salvatore Arty Foster. W. W . McMunagle Saurman Balduin Foster. J r . , A. McVerr? Schretr Barber Freeman Mackowrki Schuler Bartisto Fryer Madigan Semmel Bclardi Gallaghrr Maiale Srrafini Belfanri Gallen Mandcrino Seventy Beloff Gamble Manmiller Showers

LEGISLATIVE JOURNAL-HOUSE

Blaum Gannon Markasek Sirianni Book Geist Mayernik Smith, B. Bawser George Merry Smith, L. E . Boyer Gladeck Michlavic Snyder. D. W. Brandt Godshall Miller Snyder. G. M . Broujos Greenwood Miscevich Stairs Bunt Gruitza Moehlmann Steiehner Burd Gruppo Morris Stevens Burns Hagarty Mowery Stewan Caltagirone Haluska Mrkonic Stuban Cappabianfa Harper Murphy Sweet Carn Haray Nahill Swift Cawley Hayes Noye Taylor. E. Z. Cerrar Herman O'Brien Taylor, F. E. Cimini Hershey O'Donnell Telek Civera Haeffel Olasz Tigue Clymer Honaman Oliver Trello Colafella ltkin Perzel Truman Cole Jackson Peterson Van Harne Cornell Jarolin Petrarca Vroon Coslett Johnson Petrone Wachob Cawell Kasunic Phillips Wambach COY Kennedy Piccola Wargo Deluca Klingaman Pievsky Wass DeVerter Kosinski Piitella Weiton DeWeese Kowalyshyn Pitts Wiggins Daley Kukavich Pot1 Williams Davies Laihinger Pratt Wilson Dawida Laughlin Preston U'ogan Deal Lehr Punt Wazniak Dietz Lercovitz Rappapon Wright, D. R . Dombrawski Letterman Reber Wright, J . L. Danatucci Levi Reinard Wright, R . C. Darr Levin Richardson Zwikl Duffy Linton Riegcr Durham Livengood Robbini Irvis. Evans Lloyd Rudy Speaker Fargo Lucyk

NAYS-0

NOT VOTING-4

Cohen Freind Micorzie Spitz

EXCUSED-7

Clark Dininni Hutchinson Spencer Cardisco Grieca Marmion

The majority required by the Constitution having voted in the affirmative, the question was determined in the affirma- tive.

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

* * *

The House proceeded to third consideration of SB 437, PN 1746, entitled:

An Act requiring certain public agencies in the Commonwealth of Pennsylvania to purchase or lease motor vehicles which are manufactured or assembled in the United States and imposing a penalty.

On the question, Will the House agree to the bill on third consideration? Mr. PICCOLA offered the following amendment No.

A0884:

Amend Sec. 6 , page4, line 18, by striking out "suit filed in the Commonwealth Court." and inserting appropriate legal action. Nothing herein shall authorize any Commonwealth public agency to initiate a legal action indepen-

dently of the Attorney General unless otherwise authorized under the act of October 15, 1980 (P.L.950, No.1641, known as the Commonwealth Attorneys Act.

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

The SPEAKER. The Chair recognizes the gentleman from Dauphin, Mr. Piccola.

Mr. PICCOLA. Thank you, Mr. Speaker. This is a somewhat technical amendment in recognizing the

fact that public agencies addressed in this legislation may not necessarily be Commonwealth public agencies, and we are therefore giving jurisdiction for an appropriate legal action in either the Commonwealth Court or a common pleas court if it is a local agency.

The second part of the amendment assures that the pro- ceeding for a Commonwealth agency would be in conform- ance with the Commonwealth Attorneys Act and assures that that agency will not go out on its own and bring such an action, that it will work in conjunction with the Attorney General's Office.

The SPEAKER. The Chair thanks the gentleman. On the Piccola amendment, the Chair recognizes the gentle-

man from Philadelphia, Mr. Rappaport. Mr. RAPPAPORT. Mr. Speaker, would the gentleman

from Dauphin consent to interrogation? The SPEAKER. The gentleman, Mr. Piccola, indicates he

will stand for interrogation. The gentleman, Mr. Rappaport, is in order and may proceed.

Mr. RAPPAPORT. Mr. Speaker, would the gentleman's amendment preclude an action from being brought by the Counsel General without the nermission of the Attorney General?

Mr. PICCOLA. Yes, if that is provided for by the Com- monwealth Attorneys Act. Yes.

Mr. RAPPAPORT. Thank you, Mr. Speaker. The SPEAKER. The Chair thanks the gentleman.

On the question recurring, Will the House agree to the amendment?

The following roll call was recorded:

YEAS-~I9I

Afflerbach Fattah I.ucyk Ryan Alderette Fee McCali Rybak Ang~ tad t Fiicher McClatchy Saloom Armstrong Flick Mchale Salvatore Arty Faster. W. W. Mclntyre Saurman Baldwin Foster, Jr.. A. McMonagle Scheetr Barber Freeman McVerry Schuler Battiito Fryer Mackowrki Semmel Belardi Gallaeher Madiean Serafini Belfanti e all en Maiarc Seventy Beloff Gamble Manderino Shoueri Blaum Gannon Manmiller Sirianni Book Geiit Markosek Smith, B. Bowher George Mayernik Smith, L . E . Bayes Gladeck Merry Snyder. D. W Brandt Godshail Michlovic Snyder, G. M Broujos Greenwood Miller Stairs Bunr Cruirra Mis icv~ch Steighner Burd Gruppo l laehlmann Stevens Burns Haeartv Morris Stewan Calraglrone ~ a i u s k i Mower) Sruban

480 LEGISLATIVE JOURNAL-HOUSE MARCH 21,

Cappabianca Carn Cawley Cessar Cimini Civera Clymer Colafella Cole Cornell Coslett Cowell COY Deluca DeVerter DeWeese Daley Davies Dawida Deal Dietz Dombrowski Donarucci Dorr Duffy Durham Evans Fargo

Harper Hasay Hayes Herman Hershey Hoeffel Hanaman ltkin Jackson Jarolin Johnson Kasunic Kennedy Klingaman Kosinski Kowalyshyn Kukovich Lashinger Laughlin Lehr Leseovitz Letterman Levi Levin Linton Livengoad Lloyd

Mrkanic Murphy Nahill Noye O'Brien O'Donnell Olasz Oliver Perzel Peterson Petrarca Petrone Phillips Piccola Pievsky Pistella Pitts Pot1 Preston Punt Rappaport Rrber Reinard Richardson Rieger Robbins Rudy

Sweer Swift Taylor. E. Z. Taylor, F. E. Telek T~gue Trello Truman Van Horne Vroan Wachob Wambach Wargo Wass Westan Wiggins Williams Wilson Wogan Worniak Wright. D. R , Wright, J. L. Wright. R. C. Zwikl

Irvir, Speaker

Caltagirone Cappabianca Carn Cawley Cessar Cimini Civera Clymer Colafella Cole Cornell Coslert Cowell c o y Deluca DeVerter DeWeese Daley Davier Dawida Deal Dietz Dombrawski Donatucci Oorr Duffy Durham Evanr Fargo

Haluska Harper Hasay Hayes Herman Hershey Hoeffel Honaman ltkin Jackson Jarolin Johnson Kasunic Kennedy Klingaman Kolinski Kowalyshyn Kukovich Lashinger Laughlin Lehr Lescovitz Letterman Levi Levin Linton Livengoad Lloyd

Mowery Mrkonic Murphy Nahill Noye O'Brien O'Donnell Olasz Oliver Perzel Peterson Petrarca Petrone Phillips Piccola Pievsky Pistella Pills Pot1 Preston Punt Rappaport Reber Reinard Richardson Rieger Robbins Rudy

Stuban Sweet Swifr Taylor. E. Z . Taylor; F. E. Telek Tigue Trello Truman Van Horne Vroan Wachob Wambaeh Warga Wass Weston Wiggins Williams Wilson Wogan Worniak Wright. D. R . Wright. J . L. Wright. R. C. Zwikl

Irvir. Speaker

Clark Dininni Hutchinson Spencer Cordisco Grieco Marmion

NOT VOTING-S

Cohen Micozzie Pratt Spitz Freind

The question was determined in the affirmative, and the amendment was agreed to.

NAYS-0

NOT VOTING-5

Cohen Micazzie Pratt Spitz

On the question, Will the House agree to the bill on third consideration as

amended? Bill as amended was agreed to.

The SPEAKER. This bill 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? Agreeable to the provisions of the Constitution, the yeas

and nays will now be taken.

Afflerbach Alderette Angstadt Armsrrong Arty Baldwin Barber Battisto Belardi Belfanti Beloff Blaum

Farrah Fee Fischer Flick Faster, W. Foster, Jr., Freeman Fryer Gallagher Callen Gamble Gannon

Lucyk McCall McClatchy McHale Mclntyre McMonagle McVerry Mackawrki Madigan Maiale Manderino Manmillei

Ryan Rybak Saloom Salvatore Saurman Scheetz Schuler Semmel Serafini Seventy Showers Sirianni

Freind

EXCUSED-7

Clark Dininni Hutchinson Spencer Cordisco Grieco Marmion

The majority required by the Constitution having voted in the affirmative, the question was determined in the affirma- tive.

Ordered, That the clerk return the same to the Senate with the information that the House has passed the same with amendment in which the concurrence of the Senate is requested.

REMARKS ON VOTE

The SPEAKER. The Chair recognizes the gentleman from Luzerne, Mr. Jarolin.

Mr. JAROLIN. Mr. Speaker, 1 was out of my seat on the motion to recommit HB 1535. 1 would like to be recorded in the affirmative on that.

The SPEAKER. The gentleman's remarks will be spread upon the record.

I BILL REPORTED FROM COMMITTEE, CONSIDERED FIRST TIME, AND TABLED

I SB 60, PN 1832 (Amended) Book Gelst Markorek S m ~ h B I By Rep RICHARDSON Bowser George Mayernik Smith. L. E. An Act providing authority for urban homesteading and the Boyes Gladeck Merry Snyder, D. W. Brandt Godshall Michlovic Snyder. G . M. procedure for establishing homesteading districts; expanding ~~~~~i~~ crppnunnr( M ~ I I ~ V ~~~i~~ local government's authority in dealing with urban blight and -. . . . . . . - - - . . . . . . . . Bunt Gruitza Miscevich Stcighner I decay; and providing exclusions from prexnt statulory l a w s Burd Cruppo Moehlmann Stewnr Burns Hagarty M o r m Steuart

LEGISLATIVE JOURNAL-HOUSE

URBAN AFFAIRS.

ANNOUNCEMENT BY SPEAKER

The SPEAKER. All the friends of Carmel Sirianni-and that will o f course include all of us-may now rejoice. That ace detective Durham found the missing link. 1 do not know whether she is indicating it was in her pocket all the time or not. Maybe so. But we are delighted for Carmel, and now we mav e o ahead with the business of the Commonwealth. , u

For what purpose does the gentleman from Cumberland, Mr. Broujos, rise?

Mr. BROUJOS. Mr. Speaker, Mr. Ryan asked a question previously concerning the right of the Federal Government-

The SPEAKER. You may not answer that. That bill is no longer before the floor of the House. Under the rules of the House you may not discuss that which is not before the House. You may advise him personally about it, but not on the floor of the House.

Mr. BROUJOS. Thank you. I simply wanted to advise the entire House at the same time. Thank you.

PARLIAMENTARY INQUIRY

The SPEAKER. For what purpose does the gentleman from Berks, Mr. Davies, rise?

Mr. DAVIES. Mr. Speaker, I had addressed this same issue in a question in caucus that went unanswered, and it is on the very same subject matter. Under a point of parliamentary inquiry, would it be possible for the gentleman to ask for a suspension of the rules and give us that information relative to it, because I had my doubts about the constitutionality, a part of it, to begin with.

The SPEAKER. It will save us time, 1 suppose, rather than getting into an involved debate about it.

STATEMENT BY MR. BROUJOS

The SPEAKER. Under unanimous consent, the Chair rec- ognizes the gentleman from Cumberland, Mr. Broujos.

Mr. BROUJOS. I checked with the staff judge advocate at the Army War College, who indicates that there may be a sep- arate prosecution for a Federal offense and that the State Crimes Code prosecution and conviction would not prevent a separate Federal offense. I think that is important because of the gravity of the potential charge. Thank you.

The SPEAKER. The Chair thanks the gentleman.

BILLS ON THIRD CONSIDERATION CONTINUED

The House proceeded to third consideration of SB 298, PN 1729, entitled:

An Act providing for the inspection of amusement rides and attractions; granting powers and imposing duties on the Depart- ment of Labor and Industry; creating the Amusement Ride Safety Advisory Board; and imposing civil and criminal penal- ties.

On the question, Will the House agree to the bill on third consideration?

BILL REVERTED TO PRIOR PRINTER'S NUMBER

The SPEAKER. The Chair recognizes the gentleman from Montgomery, Mr. Saurman.

Mr. SAURMAN. Thank you, Mr. Speaker. Mr. Speaker. in our deliberations on SB 298 there were a

couple o f concerns of ours-and I am speaking not just for myself but for some other members of our caucus-relative to two specific features of the bill, one of which would require an inspection of the amusement rides each time they were set up. That could be if they move from week to week, it would mean that they would have to be inspected each time that it was set up in a new location, which seems to us to be a super- fluous action.

The second thing is that in speaking with the prime sponsor of the bill, the insurance liability was never intended to be $I million for each ride separately but rather a total, all-encom- passing insurance policy to cover that liability. Therefore, Mr. Speaker, because of that, I would like to move that we revert to the prior printer's number, which is PN 832, on SB 298.

The SPEAKER. I t is moved by the gentleman, Mr. Saurman, that we revert to the prior printer's number on SB 298.

On the question, Will the House agree t o the motion?

The SPEAKER. The Chair recognizes the gentleman from Erie, Mr. Dombrowski, on the question.

Mr. DOMBROWSKI. Thank you, Mr. Speaker. 1 am going to ask the members of this House to vote in

opposition to Mr. Saurman's motion. When this bill first came over from the Senate, it only dealt

with fairs and carnivals and not with amusement parks. It was to be administered by the Department of Agriculture rather than the Department of Labor and Industry. It provided only for an arlnual inspection, as Mr. Saurman pointed out, for fair and carnival rides. My objection to that point is that every time a company takes that ride down and transports it to a new location and puts i t back up for operation, 1 see nothing wrong with asking for another inspection. Many things can happen in the transportation of this equipment, and I think that it is only fair that it be inspected at each location.

There was no authority given to the department by the pre- vious printer's number, and there were no standards for inspection. I ask for a negative vote.

The SPEAKER. So that the record may be correct, the gen- tleman, Mr. Saurman, mor,es not t o the prior printer's number but to a prior printer's number, and specifically to prior PN 832. Is that correct, Mr. Saurman?

Mr. SAURMAN. That is correct. The SPEAKER. The prior printer's number would be 1246,

and the Chair misstated the motion. The motion is that the bill be returned to PN 832. The gentleman, Mr. Dombrowski, has objected to the motion. The question is on the motion.

482 LEGISLATIVE JOURNAL-HOUSE MARCH 21,

The Chair recognizes the gentleman from Somerset. Mr. Lloyd.

Mr. LLOYD. Mr. Speaker, I rise to oppose the motion to revert to PN 832.

The House Consumer Affairs Committee considered this bill at great length and amended i t at the request of Mr. Dombrowski to toughen the bill in the ways which he has already outlined. This is an extremely complicated piece of legislation. If the members will look, they will see that page after page is lined out and new material is put in. Now, by a motion, we are being asked basically t o gut this bill, and we d o not really know, because we have not seen an analysis, what is going to be left.

It seems to me, Mr. Speaker, that that is not the way to proceed. If the gentleman, Mr. Saurman, has some problems that he said he did with two sections of the bill, the proper way to deal with that is with amendments to those sections of the bill. What he is actually doing, if his motion is to pass, is to go back to a situation in which virtually there is no inspec- tion. The inspection is done only by the person who owns and operates the ride. That, in the opinion of the committee, was not acceptable. If he is concerned about there should not be an inspection every time it is set up or there should be some limits on liability, let him come with amendments to do that.

Now, one further point, and that is that several years ago this issue was highlighted on I think it was "60 Minutes" or "Monitor," and they highlighted the problems o f a number of carnival operators with accidents. Shortly after that program, we had the Somerset County Fair. 1 had a booth at that fair, and the issue that was raised or brought to my atten- tion more than any other single issue was, when are you guys in Harrisburg going to do something to protect our kids when they go on carnival rides? The request was, when are you going to d o something about this so that we can have safety on our carnival rides? 1 do not know if any of you ever walked around a carnival and looked at some of the rides, but I did, and unfortunately, that company that was on "60 Minutes" happened to be one that was setting up the rides at the county fair in my county. Last year when they set up, the Ferris wheel fell apart and could not be restored for several days. A number of the other pieces o f equipment did not operate either.

Now, it seems to me that it is time that we do something about that. You can say, well, this is going to cost a lot of money, and 1 guess we can get into that age-old argument about balancing the value of a human life with the cost of the tickets, but 1 would suggest that the number o f people who ride at those carnivals when the rides appear to be unsafe drops, and so the person who is sponsoring that event loses money anyway. It is better, if we are going to lose the money anyway, to be losing it by maximizing the ridership and maxi- mizing also the safety.

So for all of those reasons, 1 think reversion to the prior printer's number is a mistake, and I would urge a "no" vote.

The SPEAKER. The Chair thanks the gentleman.

On the motion, the Chair recognizes the gentleman from Mercer. Mr. Gruitza.

Mr. GRUITZA. Thank you, Mr. Speaker. Very briefly, Mr. Speaker, I note in reviewing this legisla-

tion on page 5 of the bill that language has been stricken which appeared under the prior printer's number which would have clearly exempted the Commonwealth from liability under this act. I have a concern that once the Commonwealth undertakes the role as the inspector of these amusement park rides, et cetera, there is no question but that we will be joined in any lawsuits that may follow an accident under the current legislation as it is drafted.

I think that in the Commonwealth right now, my under- standing is that we have contingent liabilities-the Attorney General was on the news not long ago-of several million dollars, I believe over $100 million, and this should be a real concern o f ours right here as to whether or not we as the Com- monwealth are going to be the guarantor of amusement parks or fairs across the State.

Because this key language was stricken from the bill, I would support Mr. Saurman's motion to revert to the prior printer's number. I think i t is a prudent motion; it protects the Commonwealth and at the same time protects the consumers who do attend these fairs and carnivals. So 1 would support the motion to revert to the prior printer's number. I think it is in the best interest of the Commonwealth of Pennsylvania.

The SPEAKER. The Chair thanks the gentleman. The Chair recognizes the gentleman from York, Mr. Dorr. Mr. DORR. Thank you, Mr. Speaker. Mr. Speaker, I think every member of this House is very

interested in protecting the children and the adults who ride on carnival rides. We have a tendency, unfortunately, in gov- ernment, however, to engage in overkill. In my view, after reading both versions of this legislation, that is what the present version of the bill does - it overkills. It creates a paperwork and bureaucratic monstrosity that is not necessary to accomplish the purpose that all o f us are interested in, which is safety on these rides.

We can, in effect, impose upon the insurance industry and the industry involved in the rides themselves the responsibili- ties and duties to conduct adequate and safety-insuring inspections. In my view, the version which came over from the Senate did that quite adequately. Beyond that, we have never been in this business before, and I think if it is determined, once we engage in the activity as indicated in PN 832, that it is not adequate for some reason, that would be the time to go into the more extensive operation. But to create a bureaucracy in this government and to create the kind of paperwork night- mare that would be imposed, again, on the small business people of this Commonwealth- And most of them are small business people, not HERCO (Hershey Entertainment and Resort Company), obviously, and a couple of other large amusement park operators, but most of the carnival ride operators who operate in Pennsylvania are small business people and do not really have the adequate staff to be filing certificates every time they set up an amusement ride and all

amusement parks to take advantage of these rides. Mr. Speaker, 1 d o not think we are going to benefit one bit

by a motion to revert to a prior printer's number, and I would ask for a negative vote.

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

Foster. Mr. A. C. FOSTER. Thank you, Mr. Speaker.

1984 LEGISLATIVE JOURNAL-HOUSE 483

1 rise to support the Saurman motion, and I think if we just look at the bill for a moment and think of its practical appli- cation, we will all see why.

A ride operator arrives in a small community for a carnival. Average carnival length is probably 5 , 6 days; on some occa- sions, 3 days. He sets up the rides. The bill provides that he must then have the rides inspected and an affidavit submitted by mail t o the Department of Labor and lndustry, after which the Department of Labor and lndustry will grant a permit or will validate the ride for a period of 30 days. The operator then moves on 3 days later to another town, goes through the same process; 5 days later to another community, repeats the same process, and all the time our Department of Labor and Industry is dutifully pumping out these certifications. In the course of a summer, the operator will have a good size box full of such certifications.

of the things that are required under the printer's number which is before us now. Because that duty is too onerous and is not necessary to accomplish the purpose, Mr. Speaker, I support the motion to revert to PN 832.

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

Laughlin. Mr. LAUGHLIN. Mr. Speaker, Mr. Saurman's motion

certainly should not he accepted by this House. Mr. Saurman is certainly aware of the time and effort that went into the original draft of the legislation and the discussion that occur- red in the committee with regard to the importance of Repre- sentative Dombrowski's amendment. There is obviously room for discussion on that point. However, as has been stated earlier, if the gentleman wishes to amend the bill, we will accept that. However, in addition to that, we have told the prime sponsor of the bill in the Senate, and we have discussed this with Representative Dombrowski as well, that we are willing to sit down with the prime sponsor and negotiate those areas o f importance to the industry as well as to the impor- tance to our public safety and our people who go to these

Now, Mr. Speaker, 1 think this is ludicrous and I think it is certainly obvious why we ought to revert to the prior printer's number, and I suggest that we do so.

The SPEAKER. The Chair thanks the gentleman.

what is in PN 832. The possibility of what they would like to see in PN 832 may in fact have been stricken out by P N 832. So I am a little confused as to the motion, only from the standpoint that I wish we had a copy o f PN 832 on our desks; then we could make an adequate judgment. In view of the fact that we do not, I am asking my colleagues t o vote against the motion. Thank you, Mr. Speaker.

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

Dombrowski, for thesecond timeon themotion. Mr. DOMBROWSKI. Very briefly, Mr. Speaker. Yes, we are asking for another inspection at every site that

they put the rides up, but all they have to do is send an affida- vit in and they can operate without waiting for the letter of certification.

The SPEAKER. The Chair thanks the gentleman.

On the question re,.urring, Will the House agree to the motion?

The following recorded:

YEAS-103

- The Chair recognizes the gentleman from Dauphin. Mr.

Wambach. Mr. WAMBACH. Thank you, Mr. Speaker. Mr. Speaker, I notice that we are reverting back to a prior

prinrer's number, not rhe prior printer's number. And with the seventh printing of this bill, with the current printer's number of 1729, 1 would defy any of my colleagues to tell me

Armstrong Arty Belardi Book Brandt Broujos Bunt Burd Censar Cimini Civera Clymer Cornell Coslett Coy tleVerter Darirr Dieu Uorr Fargo Flick Foster, W. W. Foster. Jr.. A. Fryer Gallen Gamble

Gannon Geist Gladeck Godshall Greenwood Gruitza Gruppo Hagarty Haray Hares

Micouie Serafini Moehlmann Seventy Mowery Showers Nahill Smilh, L. E. Noye Snyder, D. W. O'Brien Snyder, G. M. Olanr Spitr Perzrl Stairs Peterson Steighner Pelrane Srevens

Herman Phillips Hcrihey Piccola Honarnan Pitts lackion Polt Johnson P r e m n Kennedy Punt Klingarnan Reber I.ashinger Reinard Lehr Robbins Lcvi Rudy McCall Ryan McClatchy Salvatore hlcverry Saurman Mackowrki S c h e e t ~ Madigan Schuler Manmiller Semmel

NAYS-91

Deal Letterman Dombrowrki t.evin Donatucci l in ton

Stewart Stuban Swift Taylor. E. 2. Tclek Trello Van Horne Vroon Wass Werton Wilson Wogan Wozniak Wright. J . L. Wright. R. C.

Baldwin Duffy I i i r ngood Rappaport Barher Durham Lloyd Richardson Batti5to Evans Lwyk Riegri Beifanti Fsltah McHale Rybak Beloff Fee Mclntyrc Saloorn Blaum Bourer !byes Burns Caltaglrone Cappab~anca Car" C a r lc) Cuhcn Colal'clla Colt Coaell

Fixher Freeman C;allagher George Halusia Harper tf0eff"l Ilkin Jilralin Kaiunic Kosinrki Ko$+al>\hyn

McMonagle Sirianni Maiale Smith, B. Manderino Taylor, F. E. Markusek Tigue hlayernik Truman Merry Wachob \lichloric Wambach Miller Wargo Mcscerich Wiggins Morris Willlams Mrkonic Wright. D. R hfurphy Lrrikl

LEGISLATIVE J( --

Deluca Kukovich O'Donnell DeWeese Lauehlin Ohver Irvls. Daley ~ e s c i v i t z Petrarca Speaker Dawida

NOT VOTING-2

Freind Sweet

EXCUSED-7

Clark Dininni Hutchinsan Spencer Cordisco Grieco Marmion

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

The SPEAKER. The Chair would suggest to the gentleman, Mr. Dombrowski, who is interested in this, and the gentle- man, Mr. Saurman, that one of the two of you suggest that the bill be passed over until, indeed, Mr. Wambach's objec- tions have been met, so that the members do have in front of them the printer's number which is correct.

BILL RECOMMITTED

The SPEAKER. The Chair recognizes the gentleman from Erie, Mr. Dombrowski.

Mr. DOMBROWSKI. Mr. Speaker, in view of the fact that the majority of the House members feel that we should revert to the prior printer's number, if you read PN 832, there is quite a bit of paperwork involved with it. It is quite extensive. It takes a lot of money on the part of the Commonwealth to enforce SB 298, PN 832. I move that the bill be returned to the Appropriations Committee for a fiscal note.

The SPEAKER. It is moved by the gentleman, Mr. Dombrowski, that SB 298, PN 832, which is currently before the floor of the House, be returned to the Committee on Appropriations for a fiscal note.

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

The SPEAKER. Does the majority leader wish to be recog- nized on the motion?

Mr. MANDERINO. Mr. Speaker, I support the Dombrowski motion. A fiscal note, although prepared for this bill, was never prepared in the form the bill is in now with a different department and different inspections.

Mr. Speaker, 1 ask for an affirmative vote. The SPEAKER. The Chair thanks the gentleman.

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

The following roll call was recorded:

Afnerbach Fattah Lucyk Aldereue Fee McCall Angstadt Flick McCiatchy Armstrong Foster. W. W. McHale Baldwin Faster, Jr. . A. Mclntyre Barber Freeman McMonagle Battisto Fryer Mackowski Belardi Gallagher Madigan Eelfanti Gallen Maiale Belofl Gamble Manderina

Rybak Saloom Salvatore Saurman Scheetz Schuler Semmel Seraiini Seventy Showers

URNAL-HOUSE

Blaum Geist Book George Bowser Gladeck Boyes Godshall Brandt Greenwood Broujos Gruitza Bunt Gruppo Burd Hagarty Burns Haluska Callaairone Haroer - Cappabianca Hasay Carn Hayes Cawley Herman Cessar Hershey Cimini Haelfel Clymer Honaman Colafella ltkin Cole Jackson Cornell Jarolin Coslett Johnson Cowell Kasunic COY Kennedy Deluca Klingaman DeVener Kosinski DeWeese Kowalyshyn Daley Kukovich Davies Lashinner Dawida Deal Diet? Dambrowski Donatucci Dorr Duffy Durham Fargo

~ a u g h c n Lehr Lescovitz Letterman Levi Levin Lint on Livengood Lloyd

MARCH 21,

Manmiller Markorek Mayernik Merry Michlavic Miscevieh Morris Mowery Mrkonic Murphy Nahill Noye O'Brien O'Donnell Olasz Oliver Perzel Peterson Petrarca Petrone Phillips Piccala Pievsky Pist ella Pitts Pratt Preston

Smith. B. Smith, L. E. Snyder, D. W. Snyder, G. M. Spitz Stairs Steighner Stevens Stewart Stuban Sweet Swift Taylor. E. Z. Taylor, F. E. Telek Tigue Trello Truman Van Horne Vroon Wacbob Wambach Wargo Wass Weston Wiggins Williams ~ ~~~~

Punt Wogan Rappaport Wozniak Reber Wright, D. R. Reinard Wright. J . L. Richardson Wright. R. C. Rieger Zwikl Robbins Rudy Irvis, Ryan Speaker

NAYS-1 1

Arty Cannon Miller Sirianni Civera McVerry Moehlmann Wilson Fischer Micozzie Patt

NOT VOTING-3

Cohen Evans Freind

EXCUSED-7

Clark Dininni Hutchinson Spencer Cordisco Crieco Marmion

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

MOTION TO SUSPEND RULES

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

Mr. MURPHY. Mr. Speaker, I move that the rules of the House be temporarily suspended so that I may offer for immediate consideration a resolution.

On the question, Wil! the House agree to the motion?

The SPEAKER. The Chair recognizes the minority leader. Mr. RYAN. Mr. Speaker, we have not seen this resolution.

I think if we are going to suspend the rules, as a matter of courtesy we could be shown a copy of the resolution.

The SPEAKER. The House will stand at ease.

1984 LEGISLATIVE

STATEMENT BY MR. DAVIES

The SPEAKER. For what Purpose does the gentleman from Berks, Mr. Davies, rise?

Mr. DAVlES. Mr. Speaker, unanimous consent t o read a statement into the record.

The SPEAKER. The Chair hears no objection. The gentle- man may proceed.

Mr. DAVIES. Mr. Speaker, on January 30, Chief bjustice Nix pledged to a joint session of this body that he would work to improve the accounting of public funds throughout the State's judicial system. A few weeks ago the newest Supreme Court Justice set himself aside from the pledge of the Chief Justice. According to the Philadelphia Inquirer of February 22, 1984, in an article by David Morrison, Justice Nicholas P. Papadakos has stated that the court must institute any such accounting for expenditures reform entirely on their own. In addition, the newest judge, Judge Papadakos, in defending an expenditure of some $93,000 a year for the rental of his office space, stated this expenditure was in keeping, of course, with that power supposedly within the power of the court. This expenditure is not only excessive when compared to that of other judges and the cost for accommodations, but also would appear to be excessive when compared to other office leases.

The judge then expanded on his decision by further stating that the Supreme Court is the law, and 1 quote that article. Judge Papadakos said, "We are the law as far as Our own case is concerned."

Mr. Speaker, this is a contradiction of the constitutional responsibility of this august body, as established in Article 11 and Article 111 of the Constitution. In addition, it holds UP to ridicule the entire budgetary process, the Appropriations Committee's extensive deliberations, and is an overt challenge to the power o f the purse strings through our regular Process o f deliberation. It specifically challenges the direct power of Article 111, section I I , which grants us the power to appropri- ate for the executive, legislative, and judicial departments. Section 24 of Article I11 stands challenged as well. That section affirms our power of paying out of public moneys. Section 22 of Article 111 gives us a provision for our role in State purchases and would also be underchallenged by the judge's position.

Mr. Speaker, my concern in this matter is not just the expenditure or the arrogant attitude toward the role of this body in the legislative process, budgetary matters, and fiscal responsibility in trying to stem such excess as reflected by the judge's action. I think this action should stimulate our interest in an added effort toward the control of the court's expendi- tures and, in addition, the new judge's attitude toward the constitutional powers, which may need rather close scrutiny by all members of this body. Thank you, Mr. Speaker.

The SPEAKER. The Chair thanks the gentleman.

MOTION WITHDRAWN

The SPEAKER. The motion by the gentleman, Mr. Murphy, has been withdrawn for the suspension o f the rules.

JOURNAL-HOUSE 485

For what purpose does the minority leader rise? Mr. RYAN. Mr. Speaker, with regard to that motion and

~ t h e r motions like it, 1 really have n o objection, I think as the majority leader and the Speaker know, t o suspending rules for

congratuIatory-type resolutions, certain celebrations of dif- ferent weeks, or asking the Governor to do certain things by

way of proclamation. However, I think as a matter o f prac- tice, anything that is more substantial than the typical con-

gratulatory resolution, I think, at the very least should be in print and available for some of the other members before we would suspend the rules. In this particular case this was a res- olution to again memorialize Congress. I have n o problem with it and would intend to vote for it myself, but I think as a matter of practice, it should be distributed to the members.

~ h , SPEAKER. ~h~ chai r completely agrees with the minority leader on that position and wishes that the members would adhere to i t ,

STATEMENT BY MR. GREENWOOD

The SPEAKER. The Chair recognizes the gentleman from Bucks, Mr. Greenwood.

Mr. GREENWOOD. I rise to ask unanimous consent t o make a very brief statement.

The SPEAKER. Without objection-and the Chair hears no objection-the gentleman may proceed.

Mr. GREENWOOD. Just following up on Representative Davies' comments about the cost of judicial chambers and our right as a legislature to set the limits on those costs, I agree wholeheartedly, and as the members may have received a memo from me recently, 1 will be introducing a bill at the close of session today to put into law that legislative control of the judicial costs and would request the cosponsorship of all of the members of the House who wish to.

TheSPEAKER. The Chair thanks the gentleman.

URBAN AFFAIRS COMMITTEE MEETING

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

Mr. RICHARDSON. 1 would like to call a meeting of the Urban Affairs Committee in room 401 immediately after the adjournment motion.

TheSPEAKER. TheChair thanks.thegentleman.

BLIND BOWLING TEAM PRESENTED

The SPEAKER. The Chair welcomes to the hall o f the House a team of blind bowlers. They are to the left of the Speaker.

The Chair would ask that the gentleman from Delaware, Mr. Robert Wright, read thecitation to the team.

Mr. R. C. WRIGHT. Thank you very much, Mr. Speaker. It gives me great pleasure to present to the House two repre-

sentatives of the team who are present here today. The cita- tionreads:

486 LEGISLATIVE JOURNAL-HOUSE MARCH 21,

COMMONWEALTH OF PENNSYLVANIA ADJOURNMENT CITATION BY

THE HOUSE OF REPRESENTATIVES The SPEAKER. The Chair recognizes the gentleman from

Whereas, The Blind Bowling Team of Chester, Allegheny, Mr. Preston.

com~rised of Yvonne Carrington, Delores Rawnslev. Mr. PRESTON. Mr. Speaker, I move that this House do

wishes for continued success in future competitions and tournaments: and further directs that a copy of this citation he delivered to The Blind Bowling Team of Chester.

Submitted by: Robert C. Wright

Sponsor

K. Leroy lrvis Speaker

ATTEST: John J . Zubeck

Chief Clerk

The two members o f the team who are present are Delores Rawnsley and Rob Powell, who is the captain. Thank you very much, Mr. Speaker.

The SPEAKER. The Chair is very proud to have you here as guests of the members of the House of Representatives and congratulates you on your fortitude and your skill. The Chair tried only once to bowl, and even though the Chair does not have 20-20 vision, the Chair has some. But after the one time when the Chair went halfway down the alley with the ball, the Chair decided that bowling was not for the Speaker. Congrat- ulations. We wish you well. We hope you go through the rest o f your lives with the courage that you so far have shown.

The captain of the team would like to thank the House. Mr. POWELL. Mr. Speaker, Representative Robert

Wright, 1 am here to thank you folks, the House of Represen- tatives, for giving us this honor today. I think that our team and a lot o f other blind folks show that blindness is not a handicap; it is a mere inconvenience. I would like t o thank you for the honor on behalf of the thousands of blind people in the Commonwealth of Pennsylvania. Thank you very much.

The SPEAKER. The Chair is a great believer in the power of God Almighty to teach when we are willing to learn. The Chair would suggest that this week the Lord God has placed lessons in front of all of us which we ought to take to heart and take back home with us.

Ed ~ o d f r e ~ , Paul Agostini,ind their president and captain, Rob Powell, won the 1983 American Blind Bowling Association National Championship which was held in Milwaukee, Wisconsin.

Now therefore, the House of Representatives of the Commonwealth of Pennsylvania, extends hearty con- gratulations to the Blind Bowling Team of Chester on its outstanding accomplishments and extends best

BILLS AND RESOLUTIONS PASSED OVER

now adjourn until Monday, March 26, 1984, at I p.m., e.s.t., unless sooner recalled by the Speaker.

On the question, Will the House agree to the motion? Motion was agreed to, and a t 1250 p.m., e.s.t., the House

adjourned.

The SPEAKER. Without objection, all remaining bills and resolutions on today's calendar will be passed over. The Chair hears none.