COMMONWEALTH OF PENNSYLVANIA LEGISLATIVE JOURNAL

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1 COMMONWEALTH OF PENNSYLVANIA LEGISLATIVE JOURNAL WEDNESDAY, NOVEMBER 19, 1986 SESSION OF TH OF THE GENERAL ASSEMBLY No. 68 HOUSE OF REPRESENTATIVES The House convened at I1 a.m., e.s.t. 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: Most Gracious Lord, our loving and merciful Father, as the problems of life seem to mount and the tensions and anxieties of this world beset us sore, we turn to Thee in love, in confidence, and in assurance. 0 God, we know that Thy love reaches out to us in all walks of life to bring us a sense of security, a feeling of needfulness, and a companionship of serenity; we recognize that our trust is in Thee amidst all of the problems and difficulties we face; and we are aware that our hope is in Thee as we press on toward tomorrow undaunted and unafraid. To Thee belongs the praise for this day, the honor for tomorrow, and the glory for all eternity. Amen. PLEDGE OF ALLEGIANCE (The Pledge of Allegiance was enunciated by members.) JOURNAL APPROVAL POSTPONED The SPEAKER. Without objection, the approval of the Journal for Tuesday, November 18, 1986, will be postponed until that Journal is in print. The Chair hears no such objection. ADDITIONS AND DELE'rIONS OF SPONSORS The SPEAKER. The Chair notes for the record that the majority leader submits the additions and deletions for sponsorships of bills, which the clerk will file. The following list was submitted: ADDITIONS: HB 259, E. Z. Taylor; HB 344, Mayernik; HB 1166, Fox; HB Bortner; HB 2073, Philli~s; HB 2606, Broujos; HB 2780, ~ichirdson; HB 2801, ~aiunic, ~ichardson; HB 2802, Richardson; HB 2803, Phillips; HB 2814, Richardson, Merry; HB 2831, Blaum, Kasunic, Itkin, Richardson, Johnson, Clark; HB 2848, Richardson; HB 2861, Wilson, Fischer, J. J. Taylor; HB 2862, Bush, D. W. Snyder, Kasunic, Langtry; HB 2863, Pitts; HB 2871, Kasunic; HB 2873, Kasunic; HB 2876, Richardson, Langtry, McVerry; HB 2877, Flick, Lashinger; HR 350, Petrone; HR 351, Itkin, Richardson; HR 352, Richardson; HR 356, Rybak, Petrone. No HOUSE BILLS INTRODUCED AND REFERRED By Representatives BELARDI and CAWLEY An Act amending the act of April 13,1972(P. L. 184, NO. 62), known as the u~ome ~~l~ charter and Optional Plans Law," authorizing certain municipalities to extend pension credit for prior military service for its employees. ~ ~ to committee f ~ on URBAN ~ AFFAIRS, ~ ~ N d ~ ~ 19, 1986, 2887 By Representatives CAWLEY BELARD' An Act amending the act of May 7, 1965 (P. L. 48, No. 38), entitled, "A supplement to the act of May 28, 1915 (P. L. 596), entitled 'An act requiring cities of the second class to establish a pension fund for employes of said cities, and regulating the administration and the payment of such pensions,' as to employes of second class A cities, reducing the number of years of employment to qualify for a pension; and increasing pension payments and contributions," increasing the maximum pension and the maximum contribution rates. Referred to Committee on URBAN AFFAIRS, November 19, No By Representatives D. R. WRIGHT, REINARD, DeVERTER and F. TAYLOR An Act amending the act of September 22, 1978 (P. L. 763, No. 143), entitled "An act establishing certain procedures relating to the termination of insurance agency contracts or accounts and providing penalties," further defining "agent" and "insurer"; further providing for cancellation of contracts; and making an editorial correction. Referred to Committee on INSURANCE, November 19, No By Representatives D. W. SNYDER, DISTLER and LANGTRY An Act providing for substance-abuse testing of employees; and providing penalties. Referred to Committee on HEALTH AND WELFARE, November 19, 1986.

2 2164 LEGISLATIVE JOURNAL-HOUSE NOVEMBER 19, BILLS REMOVED FROM TABLE The SPEAKER. The Chair recognizes the majority leader. Mr. MANDERINO. Mr. Speaker, I move that SB 780 and SB 1373 be lifted from the tabled calendar and placed on the active calendar. Motion was agreed to. BILL RECOMMITTED The SPEAKER. The Chair recognizes the majority leader. Mr. MANDERINO. Mr. Speaker, I move that SB 1373 be recommitted for a fiscal note to the Committee on Appropriations. Motion was agreed to. SENATE MESSAGE HOUSE AMENDMENTS CONCURRED IN BY SENATE The clerk of the Senate, being introduced, informed that the Senate has concurred in the amendments made by the House of Representatives to the Senate amendments to HB 2072, PN SENATE MESSAGE HOUSE AMENDMENTS CONCURRED IN BY SENATE The clerk of the Senate, being introduced, informed that the Senate has concurred in the amendments made by the House of Representatives to SB 562, PN 2507; SB 1389, PN 2466; and SB 1390, PN LEAVES OF ABSENCE Lawrence, Mr. Fee. Do you have any requests for leaves of absence? Mr. FEE. Yes, Mr. Speaker. The gentleman from Centre, Mr. LETTERMAN, for today; the gentleman from Erie, Mr. CAPPABIANCA, for today; and the gentleman from Allegheny, Mr. PETRONE, for today. The SPEAKER. The Chair hears no objection to thegranting of the leaves. The leaves are therefore granted. The Chair recognizes the minority whip. Do you have any requests? Mr. HAYES. Yes, Mr. Speaker. I request a leave for the gentleman from Delaware, Mr. GANNON, for the day; the gentleman from Lackawanna, Mr. SERAFINI, for the day; the gentleman from Montgomery, Mr. LASHINGER, for the day; and the gentleman from Philadelphia, Mr. PERZEL, for the day. The SPEAKER. The Chair hears no objection to the granting of the leaves. The leaves are therefore granted. MASTER ROLL CALL 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: Acosta Afflerbach Angstadt Argall ARY Baldwin Barber Barley Battisto Belardi Belfanti Birmelin Black Blaum Book Bortner Bowley Bowser Boyes Brandt Broujas Bunt Burd Burns Bush Caltagirone Carlson Carn Cawley Cessar Chadwick Cimini Civera Clark Clymer Cohen Calafella Cordisco Cornell Coslett Cowell COY Deluca DeVener Dalcy Davies Dawida Deal Dietz Cole DeWeese Cappabianca Cannon PRESENT- I92 Dininni Laughlin Distler Lescovitz Dombrowrki Levdansky Donatucci Linton Darr Livengood Duffy Lloyd Durham Lucyk Evans McCall Fargo McClatchy Fattah McHale Fee McVerry Fischer Mackowski Flick Maiale Foster Manderino Fox Manmiller Freeman Markosek Freind Mayernik Fryer Merry Gallagher Michlovic Gallen Micozzie Gamble Miller Geist Moehlmann George Morris Gladeck Mowcry Godshall Mrkanic Greenwood Murphy Gruitza Nahill Gruppo Noye Hagany Haluska O'Brien O'Donnell Harper Olasz Hasay Oliver Hayes Petrarca Herman Phillips Hershey Piccola Honaman Pievsky Howlett Pistella Hutchinson Pitts Ltkin Pott Jackson Pressmann larolin Preston Johnson Punt Josephs Raymond Kasunic Reber Kennedy Reinard Kenney Richardson Kosinski Rieger Kukovich Robbins Langtry ADDITIONS-I Lashinger Letterman NOT VOTING-I Perrel Petrone Roebuck Rudy Ryan Rybak Saloom Saurman Scheetz Schuler Semmel Seventy Showers Sirianni Smith, B. Smith, L. E. Snyder, D. W. Snyder, 0. Staback Stairs Steighner Stevens Stewart Stuban Sweet Swift Taylor, E. Z. Taylor, F. Taylor, 1. Telek Tigue Trello Truman Van Horne Veon Vroon Wambach wass Weston Wiggins Wilson Wogan Wozniak Wright, D. R. Wright, 1. L. Wright, R. C. Yandrisevits Irvis, Speaker Serafini

3 1986 LEGISLATIVE JOURNAL-HOUSE 2165 I LEAVES ADDED-1 DeWeese Motion was agreed to. * i t BILLS SIGNED BY SPEAKER The Chair gave notice that he was about to sign the following bills, which were then signed: HB 2072, PN 4093 An Act amendine Title 42 (Judiciarv and Judicial Procedure) I of the ~ennsylvania~onsolidated Statites, further providing fo; rules of evidence in relation to medical records:. orovidine. - for the use of certified copies and procedures relating to medical records; orovidine, - for the liability of directors of business and nonorofit corporations; and making repeals. SB 1275, PN 2411 An Act authorizing and directing the Department of General Services, with the approval of the Governor and the Secretary of Public Welfare, to convey to the County of Washington, acres of land, more or less, situate in North Strabane and Cecil Townships, Washington County, Pennsylvania. The following bill, having been called up, was considered for the second time and agreed to, and ordered transcribed for third consideration: SB 1514, PN * t The House proceeded to second consideration of HB 1941, PN 4140, entitled: An Act amending the act of April 9, 1929 (P. L. 177, No. 17% known as "The Administrative Code of 1929," providing for the submission to the General Assembly of information relating to tax expenditures. Will the House agree to the bill on second consideration? BILL RECOMMITTED WELCOME I The SPEAKER. The Chair recoenizes the maioritv leader. The SPEAKER. Representative Godshall has Steve Belli here as his guest. Welcome to the hall of the House. FILMING PERMISSION The SPEAKER. Permission is granted to WJAC to film on the floor of the House, and "The People's Business." CALENDAR BILLS ON SECOND CONSIDERATION l-he following bills, having been up, were considered for the second time and agreed to, and ordered transcribed for third consideration: SB 256, PN 1792; and SB 734, PN * * * The House proceeded to second consideration of SB 1151, PN 2528, entitled: An Act amending Title 66 (Public Utilities) of the Pennsylvania Consolidated Statutes, further providing for the burden of proof in proceedings before the commission; further providing for procedures for new electric generating capacity; and providing for the regulation of telephone companies providing recorded message calls. Will the House agree to the bill on second consideration? BILL RECOMMITTED The SPEAKER. The Chair recognizes the majority leader. Mr. MANDERINO. Mr. Speaker, I move that SB 1151 be recommitted to the Committee on Appropriations. -.. Mr. MANDERINO. Mr. Speaker, 1 move that HB 1941 be recommitted to the Committee on Appropriations for a fiscal note. Motion was agreed to. *** The House proceeded to second consideration of SB 1132, PN 2522, entitled: An Act amendine the act of March (P. L. 6. NO. 2). entitled "Tax ~efork Code of 1971," fuither providing for additional information on personal income tax return forms; and further providing for the filing of public utility realty tax reports by local authorities. Will the House agree to the bill on second consideration? BILL RECOMMITTED The SPEAKER. The Chair recognizes the majority leader. Mr. MANDERINO. Mr. Speaker, I move that SB 1132 be recommitted to the Committee on Appropriations for a fiscal note. Motion was agreed to. * * * The House proceeded to second consideration of SB 1304, PN 2523, entitled: An Act providing for the establishment of a municipal revenuesharing program; imposing powers and duties on the Department

4 LEGISLATIVE JOURNAL-HOUSE NOVEMBER 19, of Revenue; and allocating certain revenues received by the Com- I (Citations presented.) monwealth Will the House agree to the bill on second consideration? Mr. BRANDT. 1 was trying to convince them to say thank you, but they said thank you on my behalf, so thank you very much. Thank you, Mr. Speaker. The SPEAKER. We are proud of both of you young ladies. BILL RECOMMITTED We congratulate you. Thank you for coming. The SPEAKER. The Chair recognizes the majority leader. I BILLS ON THIRD CONSIDERATION Mr. MANDERINO. Mr. S~eaker. I move that SB 1304 be recommitted to the Committee on Appropriations for a fiscal ~ h H~~~~, proceeded to third consideration of SB 1445, note. PN 2311, entitled: Motion was agreed to. The House proceeded PN 4139, entitled: **I second consideration of HB An Act amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, further providing for the licensing of persons to carry a firearm. Will the House agree to the bill on second consideration? BILL RECOMMITTED The SPEAKER. The Chair recognizes the majority leader. Mr. MANDERINO. Mr. Speaker, I move that HB 819 be recommitted for a fiscal note to the Committee on Appropriations. Motion was agreed to. KEYSTONE GAME WINNERS PRESENTED Lancaster, Mr. Brandt. Mr. BRANDT. Thank you, Mr. Speaker. Ladies and gentlemen of the House and guests, it is with great pleasure on behalf of Mrs. Honaman and myself that we present to you today two distinguished young individuals who excelled in swimming recently at the Keystone Games that were held at Penn State back in August. Representative Honaman and I have prepared citations for these two individuals, and I would like to read these citations, and then I hope you could join with me in congratulating these two fine young ladies on their endeavors. Michelle Gobrecht and Karen Alexander participated in the Keystone State Games. They are students at Elizabethtown Area Middle School and the Centerville Junior High School in the Hempfield School District respectively, and they had won gold medals at these Keystone State Games. On behalf of Representative Honaman and the House of Representatives, 1 would like to call on Karen Alexander and Michelle Gobrecht to accept these citations. I An Act amending the act of March 1, 1974 (P. L. 90, No. 24). entitled "Pennsylvania Pesticide Control Act of 1973," further providing for licensing of commercial applicator firms, for licensing and certification of commercial applicators and public applicators. for reaistration and training of certain noncertified employees, focincreased recordkeeping requirements, for additional enforcement authority and additional authority on product registration data review, and for increase of fees. 0, 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 different 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, Acosta Distler Laughlin Roebuck Afflerbach ~~~~~~ Oombrawski Lescovitz Rudv Angstadt Argall Arty Baldwin Barber Barley Battisto Belardi Belfanti Birmelin Black Blaum Book Bortner Bowley Bowser Boyes Brandt Broujos Bunt Burd Burns Bush Caltagirone Carlson Cam Cawley Cessar Chadwick Cimini Civera Clark Clymer Cohen Colafella Cornell Donatucci Dorr Duffy Durham Evans Fargo Fattah Fee Fischer Flick Foster Fox Freeman Freind Fryer Gallagher Gallen Gamble Geist George Gladeck Godshall Greenwood Gruitza GNPPO Hagarty Haluska Harper Hasay Hayes Herman Hershey Honaman Howlett Hutchinson ltkin ~ivdansky Linton Livengood Lloyd Lucyk McCall McClatchy McHale McVerry Mackowski Maiale Manderino Manmiller Markosek Mayernik Merry Michlovic Micozzie Miller Mwhlmann Morris Mowery Mrkanic Murphy Nahill Noye O'Brien O'Donnell Olasz Oliver Petrarca Phillips Piccola Pievskv pistella Pitts ~yai Rybak Saloom Saurman kheetz Schuler Semmel Seventy Showers Sirianni Smith, B. Smith, L. E. Snyder, 0. W Snyder, 0. Staback Stairs Steighner Stevens Stewart Stuban Sweet Swift Taylor, E. Z. Taylor. F. Taylor, I. Telek Tigue Trello Truman Van Hornc Veon Vraon Wambach Wass Weston Wiggins

5 1986 LEGISLATIVE JOURNAL-HOUSE 2167 Coslett Jackson POII Wilson ( CONSIDERATION OF SB 1450 CONTINUED Cowell Jarolin Pressman" Wozan COY Deluca Johnson Josephs Preston Punt ~oiniak Wright, D. R. DeVerter Kasunic Raymond Wright, J. L. Daley Kennedy Reber Wright, R. C. Davies Kenney Reinard Yandrisevits Dawida Kosinski Richardson Deal Kukovich Rieger Irvis, Dietz Langtry Robbins Speaker Dininni NAYS-0 NOT VOTING-3 Cole Cordisco DeWeese EXCUSED-7 Cappabianca Lashinger Perzel Serafini Cannon Letterman Petrone The majority required by the Constitution having voted in the affirmative, the question was determined in the affirmative and the bill passed finally. Ordered, That the clerk return the same to the Senate with the information that the House has passed the same without amendment. * * * The House proceeded to third consideration of SB 1450, PN 2530, entitled: An Act amending the act of June 25, 1982 (P. L. 633, No. 181), entitled, as reenacted and amended, "An act providing for independent oversight and review of regulations, creating an Independent Regulatory Review Commission, providing for its powers and duties and making repeals," providing for sunset review for the commission. On the auestion, Will the House agree to the bill on third consideration? Bill was agreed to. The SPEAKER. This bill has been considered on three different days and agreed to and is now on final passage. The question is, shall the bill pass finally? The Chair recognizes the gentleman from Berks, Mr. Davies. Mr. Davies, do you wish to make a statement on the withdrawal of your amendment? Mr. DAVIES. Yes, Mr. Speaker. This is the same issue that I brought before the body before, and that was my concern about the body conducting their business either by telephone or some form of absentee balloting. Of course, I realize that the pressures of time will probably cause some problem with the amendment, so at this time I want to withdraw that amendment. The SPEAKER. The Chair thanks the gentleman. MEMBER'S PRESENCE RECORDED AND REMARKS ON VOTE The SPEAKER. Representative Kenneth Cole's name will be added to the master roll, and he wishes to he voted in the affirmative on the last vote on SB Shall the hill pass finally? The SPEAKER. Agreeable to the provisions of the Constitution, the yeas and nays will now be taken. YEAS-189 ~~~~~ Acosta ~~ Dietz - Lauehlin Roebuck Afllerbach Dininni Lescovitz Rudy Angstadt Distler Levdansky Ryan Argall Dombrowski Linton Rybak Any Danatucci Livengood Saurman Baldwin Don Lloyd Scheetr Barber Barley Battisto Belardi Belfanti Birmelin Black Blaum Book Bortner Bowley Bowser Boyes Brand1 Broujos Bunt Burd Burns Duffy Durham Evans Farga Fattah Fee Fischer Flick Foster Fox Freeman Freind Fryer Gallagher Gallen Gamble Geist Georne ~ucyk McCaU McClatchy McHale McVerry Mackowski Maiale Manderino Manmiller Markosek Mayernik Merry Michlovic Micozrie Miller Moehlmann Morris Mowerv Schuler Semmel Seventy Showers Sirianni Smith, B. Smith, L. E. Snyder, D. W Snyder, G. Staback Stairs Steighner Stevens Stewart Stuban Sweet Swift Taylor, E. Z. ~rkonk ailo or, F. Bush Gladkk Caltagirone Godshall Murphy Taylor, J. Carlson Greenwood Nahill Telek Carn Gruitra Noye Tigue Cawley Gruppo O'Brien Trello Cessar Hagarty O'Donnell Truman Chadwick Haluska Olasz Van Horne Cimini Harper Oliver Veon Civera Hasav Petrarca Vroon Clark Hayes Phillips Wambach Clymer Herman Piccola Wass Cohen Hershey Pievsky Weston Colafella Honaman Pistella Wiggins Cole Itkin Pills Wilson Cornell Jackson Pott Wogan Coslett Jarolin Pressman" Wazniak Cawell Johnson Preston Wright, D. R. COY Josephs Punt Wright. I. L. Deluca Kasunic Raymond Wright, R. C. DeVener Kennedy Reber Yandrisevits Daley Kenney Reinard Davies Kosinski Richardson IN~s, Dawida Kukovich Rieger Speaker Deal LangtrY Robbins NAYS-I Saloam NOT VOTING-4 Cordisco DeWeese Howlett Hutchinson EXCUSED-7 Cappabianca Lashinger Perzel Serafini Cannon Letterman Petrone The majority required by the Constitution having voted in the affirmative, the question was determined in the affirmative and the bill passed finally.

6 2168 LEGISLATIVE JOURNAL-HOUSE NOVEMBER 19, 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. WELCOMES The SPEAKER. Representative Bortner has a guest here, Rick Nowe. Welcome to the hall of the House. Representative Saurman has Bob Hafner and Rob Saurman here. Welcome to the hall of the House. We are glad to see you young men. Representative Belfanti has Francine Minnig from his district office here. Francine, we are glad to see you here. Welcome to the hall of the House. BILLS ON THIRD CONSIDERATION CONTINUED The House proceeded to third consideration of HB 823, PN 942, entitled: An Act amending the act of March 10, 1949 (P. L. 30, No. 14), known as the "Public School Code of 1949," increasing reimbursement for school building construction; and making editorial changes. Will the House agree to the bill on third consideration as amended? Mr. GALLAGHER offered the following amendments No. A4973: Amend Sec. 1 (Sec. 2574). page 2, line 7, by striking out "five thousand five hundred dollars ($5,500)" and inserting three thousand nine hundred dollars ($3,900) Amend Sec. 1 (Sec. 2574). Dage 2. lines 8 and 9. bv strikine out "seven thousand two hundreddollars ($7,200)" andinserting five thousand one hundred dollars ($5,100) Amend Sec. 1 (Sec. 2574), page 2, lines I1 and 12, by striking out "five thousand five hundred dollars ($5,500)" and inserting three thousand nine hundred dollars ($3,900) Amend Sec. 1 (Sec. 3574), page 2, line 13. by striking out "seven thousand two hi ~ndre doll& ($7,200)" and inserting five thousa nd one hundred dollars ($5,100) Amend Sec. 1 (Sec ,. naee = ~~u~ 2.. line 27, by striking out "five thousand fivc'hundred dollars (S5.3 IOJ' and inserting threethou5 and. nlne ' hundred.. dollars ($3,900) Amend Scc. I (Sec. 2574), page 2, lines 28 and 29, by striking out "seven thou5and lwo hundred dollars (57.200)" and inserting five thousand one hundred dollars (S5.100) Amend Sec. I (Sec. 2574). Daac 3, lines I and 2. bv striking out "five thousand five hundred dollars ($5,500)" and inserting. - three thousand nine hundred dollars ($3,900) Amend Sec. 1 (Sec. 2574), page 3, line 3, by striking out "seven thousand two hundred dollars ($7,200)" and inserting five thousand one hundred dollars ($5,100) Amend Sec. 1 (Sec. 2574). page 4, lines 28 and 29, by striking out "eight thousand nine hundred" in line 28, all of line 29 and in~ertinz six thousand three hundred dollars ($6,300). Amend Sec. 2, page 5, line 7, by striking out "immediately" and inserting July 1, 1987 The SPEAKER. On the amendment, the Chair recognizes the gentleman from Bucks, Mr. Gallagher. Mr. GALLAGHER. Mr. Speaker, this amendment does two things: it delays the effective date of HB 823 and reduces the reimbursement levels contained in the present version of this bill. Historically, the Commonwealth has helped local school districts to cover the cost of new buildings as well as additions or renovations to existing buildings. That reimbursement is based on the number of students the building is designed to accommodate - the rated pupil capacity. During the past 18 years, the level of these State reimhurse- ments has not increased a Denny, hut during that same time... span, construction costs have risen more than 200 percent. In an era of declining enrollments, it is not always easy to recognize the need for new buildings or additions. Like all of us, school buildings grow old. There are many of them out there that do not fully meet the safety requirements of the Department of Labor and Industry. On the other hand, many districts find it much more economical to consolidate schools by means of additional classrooms on an existing building. This saves the utility and maintenance expenses of two separate structures, not to mention the added transportation costs. When it was first introduced, HB 823 called for an increase of 140 percent over the current levels of per-pupil reimbursement for elementary, secondary, and vo-tech buildings. Because of budgetary constraints, it was considered unlikely that increased expenditures of this level could be accommodated in the current fiscal year and probably not in the budget. The amendment before you would eliminate any fiscal impact in the present budget year by delaying the effective date of the legislation to July 1, It also reduces the rate of increase in reimbursements for new school construction and additions to 70 percent over present levels. I believe the fiscal note which has been circulated pretty well outlines the implications of this amendment. On the back page of the amendment is the fiscal note. I urge the members to adopt this amendment. The following roll call was recorded: YEAS-170 Aeasta Deal Kasinski Reinard Afflerbach Dietz Kukovich Richardson Angatadt Dininni Lan~ri Rieger Argall Distle~ Laughlin Robbins Any Donatucci Lescovitz Roebuck Barber Dorr Levdansky Ryan Barley Duffy Linton Rybak Battisto Durham Livengood Salmm Belardi Evans Lucyk Saurman Belfanti Fargo McCall Scheetz Birmelin Fattah McClatchy Schuler Black Fee McHale Semmel Blaum Fischer Mackowski Seventy Book Flick Maiale Showers

7 1986 LEGISLATIVE JOURNAL-HOUSE 2169 Bonner Bowley Bowser Brandt Broujos Bunt Burd Burns Bush Carn Cawley Cessar Chadwick Cimini Civera Clark Clymer Cohen Colafella Cole Cordisco Comell Coslett Cawell COY Deluca DeVerter Daley Davies Baldwin Boyes Carlson Dawida Foster Caltagirone DeWeese For Freeman Freind Fryer Gallagher Gamble Geist George Gladeck Godshall Greenwood GNPP~ Hagarty Haluska Harper Hasay Hayes Herman Hershey Honaman Howlett Hutchinson ltkin Jackson larolin Johnson Josephs Kasunic Kenney Manderino Manmiller Markosek Mayernik Merry Michlovic Micouie Miller Moehlmann Morris Mowery Mrkonic Nahill Noye 0' Brien O'Donnell Olasr Oliver Petrarca Phillips Piccola Pievsky Pistella Pitts Pressmann Preston Punt Raymond Reber NAYS-19 Gallen Murphy Gruitza Pott Kennedy Rudy Lloyd Smith, B. McVerry Snyder, D. W. NOT VOTING-5 Dombrowski Veon Sirianni Smith, L. E. Snyder, G. Staback Stairs Steighner Stewart Stuban Sweet Swift Taylor, E. 2. Taylor, F. Taylor, 1. Telek Trello Truman Van Hame Vroon Wambach Wass Weston Wiggins Wogan Wozniak Wright, D. R. Wright, 1. L. IN~s, Speaker Stevens Tigue Wilson Yandrisevits Wright, R. C. Cappabianca Lashinger Perzel Serafini Cannon Letterman Petrone The question was determined in the affirmative, and the amendments were agreed to. Will the House agree to the bill on third consideration as amended? Mr. GALLAGHER offered the following amendments No. A4871 : Amend Sec. I (Sec. 2574), page 2, line 3, by inserting after "lease" - or general obligation bond resolution Amend Sec. I (Sec. 2574), page 2, line 21, by inserting after "lease" - or general obligation bond resolution Amend Sec. 1 (Sec. 2574), page 4, line 23, by inserting after."a.- or general obligation bond resolution Amcnd Sec. 2, page 5, line 7, hy striking out all of said line ~ -. and inserting Section 2. (a) Section I of this act shall take effect July 1, (b) The remainder of this act shall take effect immediately. The SPEAKER. On the amendment, the Chair recognizes the gentleman from Bucks, Mr. Gallagher. Mr. GALLAGHER. Mr. Speaker, this amendment clarifies some technical language by inserting after the word "lease" the words "or general obligation bond resolution." That is the language that is used by our school districts to raise the funds rather than just the lease. I urge adoption of this technical amendment. The following roll call was recorded: YEAS-179 Afflerbach Deal Kenney Richardson Angstadt Dietz Kasinski Rieger Argall Dininni Kukavich Robbins Arty Distler Langtry Roebuck Baldwin Dombrowski Laughlin Rudy Barber Donatucci Lescovitz Ryan Barley Darr Levdansky Rybak Belardi Duffy Linton Saloom Belfanti Durham Livengood Saurman Birmelin Fargo Lucyk Scheetz Black Fattah McCall Schuler Blaum Fee McClatchy Semmel Book Fischer McHale Seventy Bortner Flick McVerry Showers Bowley Foster Mackowski Smith, B. Bowser Fox Maiale Smith, L. E. Boyes Freeman Manderino Snyder. D. W. Brandt Freind Manmiller Staback Broujos Fryer Markosek Stairs Bunt Gallagher Mayernik Steighner Burd Gallen Merry Stewart Bums Gamble Michlovic Stuban Bush Geist Micazrie Sweet Caltagirone George Miller Swift Carlson Gladeck Moehlmann Taylor, E. Z. Carn Godshall Mowery Taylor, F. Cawley Greenwood Mrkonic Taylor, 1. Cessar GNPPO Murphy Telek Chadwick Hagany Nahill Tigue Cimini Haluska Noye Trello Civera Harper 0' Brien Truman Clark Hasay Olasz Van Home Clymer Hayes Oliver Veon Cohen Herman Petrarca Vroon Colafella Hershey Phillips Wambach Cole Honaman Piccala Wass Cordism Howlett Pievsky Weston Cornell Hutchinson Pistella Wiggins Coslett ltkin Pitts Wilson Cowell Jackson Pressman" Wogan COY Jarolin Preston Wozniak Deluca Johnson Punt Wright, D. R. DeVerter Josephs Raymond Wright, 1. L. Daley Kasunic Reber Yandrisevits Davies Kennedy Reinard NAYS-4 Dawida Lloyd Pott Stevens NOT VOTING-11 Acosta Gruitra Sirianni Irvis, Battist0 Morris Snyder. G. Speaker DeWeese O'Donnell Wright, R. C. Evans

8

9 1986 LEGISLATIVE JOURNAL-HOUSE 2171 ing L Amend Sec. 1, page 1, lines 9 through 11, by striking out "of March" in line 9, all of line 10 and "1949" in line 11 Amend Sec. 2, page 5, line 7, by striking out all of said line and inserting Section 3. This act shall take effect as follows: (1) Section 1 shall take effect in 60 days. (2) The remainder of this act shall take effect immediately. The SPEAKER. On the amendment, the Chair recognizes the gentleman from Luzerne, Mr. Stevens. Mr. STEVENS. Thank you, Mr. Speaker. This amendment would not affect very many members of this House or their school districts, and as a colleague and a member, I am asking you to help me to help the people in my area. Without getting too detailed, basically, in the 1960's when school districts were consolidated, the legislature never took the time to put a mechanism in the law to allow people to redraft the boundaries of their school districts and change those boundaries to make them smaller if they wanted to. My an~endnlent would only apply to you if your school district is, number one, 250 square miles or larger, and number two, it is in a third-class county. So you can readily see that it will not affect very many school districts in this State. Just to put it in the record, I would like to mention the school districts that are over 250 square miles, and remember, it will not affect even these districts unless they are in a thirdclass county: Armstrong School District, Bedford Area School District, Everett Area School District, Troy Area School District, Wyalusing Area School District, Cameron County School District, Bald Eagle Area School District, Penns Valley Area, DuBois Area, Clearfield Area, Keystone Central, Conneaut School District, Penncrest School District, St. Maws Area School District, Uniontown Area, Forest Area, West Greene, Huntingdon Area, Brookville, Punxsutawney, Juniata County, Hazleton Area School District, Jersey Shore, Bradford Area, Kane Area, Smethport, Mifflin County, Pocono Mountain, West Perry, Galeton Area School District, Sullivan County, Northern Tioga, Southern Tioga, Wellshoro Area, Wallenpaupack, Warren County, Wayne Highlands School District, and Tunkhannock

10 2172 LEGISLATIVE JOURNAL-HOUSE NOVEMBER 19, Area School District. Those school districts are over 250 square miles. My amendment would not apply to even those school districts if they are not in a third-class county. So you can readily see this is a very narrow amendment. What it does is it does what this House did already - it allows the people of a third-class county whose school district is 250 square miles or more to come up with a plan, if they want to, to reorganize their school district into smaller units. There are many restrictions in this amendment. It is very similar to what Representative Livengood had passed by this House several years ago and Representative Gannon, but the major difference is that it does not apply to most school districts in this State; in fact, it is very narrowly drawn. Basically, what happens is it gives a mechanism to people. If they believe, as in the problem in my local area, that their school district is too large-there are kids riding on schoolbuses for well over an hour and a half-if they are too large, the electors of a proposed new school district, a majority of the electors, would have to sign a petition to get things going. It would then go to the school board for their review and it would then go to the State Board of Education for their review, and then after all the reviews are over, it has to go on the ballot and he passed in a referendum. There are many, many restrictions. Teacher seniority is protected. School districts cannot, cannot, and I repeat this, they cannot be reorganized if their purpose is to be racially discriminatory. That is Federal law anyway, but I want to make that clear. The school board is involved as elected officials; the State Board of Education is involved. And again, a referendum, after all the approvals would come through, would be involved. A new district cannot he formed that would have excessive millage on its people. You cannot just break off, say, a wealthy area and leave a less wealthy area to struggle for itself. That would not be allowed under this amendment. This amendment is very, very strict in what it would allow. It is very detailed. But again, it only applies to school districts 250 square miles or more and if they are in a third-class county, and that is Hazleton. 1 really ask you as your colleague to help me help my people have this mechanism. Maybe they will decide not to try to use it, but the State Board of Education has the final say and they shall not approve any plans that would have excessive millage or if those plans would be racially discriminatory. The rights of creditors of school districts are protected, and upon final approval of the State Board, the plan goes to a public referendum. So I ask you, I need your support on this to help the people of my area, and again, it will not affect most of your school districts, and I would greatly appreciate your support. Thank you. Allegheny, Mr. Cowell, who yields temporarily to Mr. Stuhan. The Chair recognizes the gentleman from Columbia, Mr. Stuban. Mr. STUBAN. Thank you, Mr. Speaker. Thank you, Mr. Cowell. Mr. Speaker, may I interrogate the maker of the amendment? The SPEAKER. Mr. Stevens indicates he will stand for interrogation. You may proceed, Mr. Stuban. Mr. STUBAN. Mr. Speaker, is it possible that this school district could be divided without this amendment? Mr. STEVENS. It is my understanding that the law is that no school district's boundaries can be changed unless the legislature would allow it. There was apparently a mistake in 1966 when the consolidation bill passed in that no mechanism was ever put in to allow people to opt out if they had a problem, and they have had a problem in Hazleton now for 20 years. Mr. STUBAN. Mr. Speaker, is it not true that the taxpayers of this school district are now negotiating with the school district that is encompassed in my legislative district to do just what you are trying to do with this amendment? Mr. STEVENS. No. That is different. What I understand they are trying to do is to become part of an existing school district, the Berwick Area School District. That would create another problem in Hazleton, but this is different. This is if you take one school district and you want to demerge it into smaller groups within the same boundaries but to make new boundaries. Mr. STUBAN. Mr. Speaker, is it not true that the taxpayers of part of that district are dissatisfied, and regardless of what is done there, they are going to end up negotiating with another school district? From what I understand, the ongoing negotiations are now in place and this is possible that they will join up with another school district. Mr. STEVENS. 1 do not even know if it can be worked out legally in that way. I am giving them a mechanism to do something that they want to be able to do. They might not do it, and there are a lot of restrictions, as I pointed out, in the way it is done, but I do not think it would have any effect whatsoever on any negotiations with your area, Mr. Speaker. Mr. STUBAN. Well, that is all the interrogation I have. Personally, I would at this time oppose the amendment, because I know that one of the school districts in my legislative district is now in negotiations with taxpayers from the district that they are trying to break up, and I believe that they are near solving a solution to resolve this problem. Allegheny, Mr. Cowell. Mr. COWELL. Thank you, Mr. Speaker. Mr. Speaker, these last 2 weeks of a session are a time of opportunity and also a time fraught with danger. The danger is always that we are going to pass something, give approval to something hastily without really thinking it through properly, and then only some months afterwards do we find out what problems we have created. I urge that we defeat this amendment at this time. Representative Gallagher has worked for many, many, many months to try to prepare legislation that we can pass into law

11 LEGISLATIVE JOURNAL-HOUSE before the end of this year to help a lot of school districts around this State with construction costs, a problem that increasingly is important to school districts. We have a chance to deal with that issue and to deal with it effectively and to help those school districts. If we add this amendment, which deals with a very controversial subject of reorganization, we create the danger, if not the probability, that Representative Gallagher's original legislation is going to die on the vine during these last 2 weeks, and we will miss an opportunity to help school districts in a very real way. Representative Stevens' amendment deals only with some school districts, and I suspect that if we surveyed the people in the room right now, most of yon really are not sure whether it applies to your district or not. He has indicated that there are lots of restrictions and lots of specific language in here, and I cannot really tell you what it is at this point either. I do believe that if we are going to address the issue of reorganization, we ought to address it for all school districts around the State, because the problem is not unique to school districts in any particular county or class of counties. It is an issue that needs to be addressed. We ought to address it during the next session; we ought not to be complicating Representative Gallagher's well-meaning, effective legislation dealing with school construction. For that reason I urge that we defeat the amendment. Luzerne, Mr. Tigue, on the amendment. Mr. TIGUE. Thank you, Mr. Speaker. Mr. Speaker, I rise to support Mr. Stevens' amendment. The previous speaker mentioned the merits of Representative Gallagher's proposal to increase subsidies, and I wholeheartedly agree with that. However, I do support Mr. Stevens in the fact that this amendment on its own merit should be accepted. In fact, I would hope that we would include all school districts. There is nothing carved in stone, if you will, the boundaries of school districts. Demographically, many things have changed since the 1960's when school districts were set up. This particular amendment addresses those districts which geographically are burdensome to say the least. All we are doing is giving the local people-and I constantly hear about local autonomy in running school districts-the choice if they want to divide school districts which are too cumbersome and too large. So I would urge everyone to support Mr. Stevens' amendment. The SPEAKER. On the amendment, the Chair recognizes the gentleman from Schuylkill, Mr. Argall. Mr. ARGALL. Mr. Speaker, I just would quickly like to join the comments of my neighbor to the north, Representative Stevens. Representative Stevens and I share the Hazleton Area School District, with the great majority of it, of course, located in his district. However, three townships and one borough in the Hazleton Area School District are located in the district which I am proud to represent here. All this amendment would do would be to give the local people, the local school board and the local citizens in that particular school district, the right to decide. We are not making that decision here. We are instead giving the local people the right to make that decision, as I think it should be. This is an amendment which is very important to the people of that area, and 1 would like to join Representative Stevens and the other Representatives in favor of this legislation in urging your favorable approval of this today. Thank you. Cambria, Mr. Haluska, on the amendment. Mr. HALUSKA. Mr. Speaker, I rise to oppose this amendment. This would bring nothing but chaos to many of the school districts that now exist. When we formed jointures a number of years back, we had many wounds to heal, and many of these wounds still have not been healed. Opening up this door would really bring additional animosity and a lot of complaints from all the different school districts that we are giving a privilege to any one particular school district over the : other. I have experienced trying to divide the assets of a school district in forming a jointure. When we formed a jointure in our particular area, one of the townships was divided between two respective school districts, and unfortunately, at one end of the township they had built a new building in the one school district, so when we came to try to make a settlement, we tried to determine how the other half was going to reclaim the equity that they have in the new building on the other end of the district. Well, we never could get that resolved, because finally the school district that had the new building said, we will reserve four rooms for you; you transport your students over- The SPEAKER. Just a moment, Mr. Haluska. They are getting louder and louder by the second. Now you may continue. Mr. HALUSKA. As I said, to divide the equity that has been established in various school buildings across the jointure is very difficult and almost impossible, and these commitments for the bond issues would be very difficult to reassign without placing a burden on one particular district. I think if we are going to deal with this issue, it should be dealt with across the Commonwealth, not with any one particular district, and I ask a negative vote on this particular amendment. Thank you. The SPEAKER. For the second time on the amendment, the Chair recognizes the gentleman from Luzerne, Mr. Stevens. Mr. STEVENS. Very briefly, maybe I did not get it across clear enough. There are not going to be any horror stories. This only applies if a school district is 250 square miles or larger and in a third-class county, and there are many, many restrictions in this bill. You just cannot unravel a school district. So I am asking you as a colleague to let me put this mechanism in for the people in my area. Representative Cowell said that we should address it next session. It has been 20 years and it has not been addressed, and I think, let us get a mechanism in. There are a lot of restrictions in this, and if in the next session you feel that your

12 2174 LEGISLATIVE JOURNAL-HOUSE NOVEMBER 19, school district would want to have this mechanism, I will he glad, you know, to support that. I really ask you to let me try to help my people. I can assure you this amendment is strict. You cannot just unravel a school district, and there are a lot of protections in it. And again, it only applies to the school district that is 250 square miles or more and in a third-class county - very narrowly drawn. So thank you for any help you can give me on this. Bradford, Mr. Chadwick, on the amendment. Mr. CHADWICK. Just a brief period of interrogation for the maker, Mr. Speaker. Mr. STEVENS. Sure. The SPEAKER. Mr. Stevens says he will stand for interrogation. You may proceed. Mr. CHADWICK. Mr. Speaker, I understand that this only applies to third-class counties? Mr. STEVENS. Yes, sir. Mr. CHADWICK. Yet you read a list of school districts which it would apply to. Is that correct? Mr. STEVENS. No. The school districts that I read are the school districts that are 250 square miles or more. If your school district was not read, you are not involved at all. If your school district was read, you are only involved if that school district is also in a third-class county. Mr. CHADWICK. All right. Then the two school districts which you read which are in my county, which is a sixth-class county, would not be involved. Mr. STEVENS. Absolutely not. They are not involved. Mr. CHADWICK. All right. Thank you, Mr. Speaker. Bucks, Mr. Gallagher, on the amendment. Mr. GALLAGHER. Mr. Speaker, I urge the members, please, as Ron Cowell just pointed out to you, this is the last couple days of the session. It is a very important amendment, which might ruin the bill itself, because the Senate, in my opinion, will not approve that amendment in the Senate, and that will delay your school districts from reimbursement for construction and for renovations of your schools. So I urge you all to vote "no" and bring this matter up in the next term. Thank you. The following roll call was recorded: YEAS-77 Acosta Dorr Langtr~ Ryan Argall Durham Livengood Saunnan Barley Flick MeCall Semmel Belardi Foster McClatehy Sirianni Birmelin Fox McVerry Smith. B. Black Freind Mackowski Snyder, D. W Blaum Geist Micozzie Snyder, G. Book George Moehlmann Staback Brandt Gladeck Mowery Stairs Burd Godshall Nahill Steighner Bush Hagarty Noye Stevens Carlson Hayes O'Brien Taylor, E. Z. Cessar Herman Phillips Taylor, 1. I Cimini Civera Clymer Comell coslett Dietz Distler Afflerbach Angstadt Any Baldwin Barber Baitisto Belfanti Bonner Bowley Bowser Boyes Broujos Bunt Burns Caltagirone Carn Cawley Chadwick Clark Cohen Colafella Cole Cordisco Cow ell COY Deluca DeVener Daley Davits Dawida Hershey Honaman Jackson Johnson Kennedy Kenney Deal Dininni Dombrowski Donatucci Duffy Evans Fargo Fattah Fee Fischer Freeman Fryer Gallagher Gallen Gamble Greenwood Gmitza ONPP Haluska Haroer H&Y Howlett Hutchinson ltkin larolin Iosephs Kasunic Kosinski Kukovich Piccola Pitts Pott Raymond Reinard Rudy NAYS-115 Laughlin Lescovitr Levdansky Linton Lloyd Lucyk McHale Maiale Manderino Manmiller Markosek Mayernik Merry Michlovic Miller Morris Mrkonic Murphy O'Donnell Olasz Oliver Petrarca Pievsky Pistella Pressmann Preston Punt Reber Richardson NOT VOTING-2 DeWeese Wright, R. C. EXCUSED-7 Tiue TreUo Waton Wogan Wright, D. R. Wright, 3. L. Rieger Robbins Roebuck Rybak ~ioom Scheetz Schuler Seventy Showers Smith, L. E. Stewart Stuban Sweet Swift Taylor, F. Telek Truman Van Home Veon Vroon Wambach Was Wiggins Wilson Wozniak Yandrisevits Irvis, Soeake~ Cappabianca Lashinger Perzel Serafini Cannon Letterman Petrone The question was determined in the negative, and the amendments were not agreed to. Will the House agree to the bill on third consideration as amended? Mr. LAUGHLIN offered the following amendments No. A4748: Amend Title, page I, line 6, by inserting after "construction;" providing for special aid to school districts suffering loss of tax revenue due to reorganization or bankruptcy of businesses in the district; Amend Bill, page 1, lines 9 through 12, by striking out all of said lines and insertine Section 1. The act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949, is amended by adding s sectinn to read:

13 1986 LEGISLATIVE JOURNAL-HOUSE 2175 projecting a loss of such percent oi revenue following the non- What this legislation does, Mr. Speaker, is provide that out payment of such taxer when due, by reason of the commenceof lapsed funds that occur in the State-it does not take one ment of reorganization or other bankruptcy proceeding, by one or more businesses owning real estatr within the boundaries of dime out of any district in the State or affect one legislator in the public school district, shall qualify for special aid under this the State-it takes lapsed funds and makes those funds - 5 available to that school district to meet its obligation. This (h) Such special aid shall be paid from undistributed basic I obligation amounts to some $ It is not. however. a gift to the school district, Mr. Speaker. It is instead a payment to the school district so that it can continue the education program it has. The payment will come back to the State at such time as the hankruptcy is finalized and the money is returned to the district and then repaid to the State. It is not a giveaway; it is not a grant; it is an aid to help those districts so affected to carry on their school program, and I ask for an affirmative vote. The following roll call was recorded: Amend Sec. 2, page 5, line 7, by striking out "2" and inserting Beaver, Mr. Laughlin, on the amendment. Mr. LAUGHLIN. Mr. Speaker, very briefly, I am sure the members of this House are familiar with the number of the areas in the State of Pennsylvania that are having difficulty with regard to the economic downturn, the closing of plants, unemployment, and other problems within the State at the present time. A number of the districts in the State do not have the problem that presently exists in only one area, and that is an area where a company, a major corporation, has declared bankruptcy, and as a result of that declaration of bankruptcy, they are not paying their local taxes to the school district for this particular year. This is after the school district had already set its budget for the year. Acosta Afflerbach Angstadt Argall Any Baldwin Barber Barley Battisto Belardi Belfanti Birmelin Black Blaum Book Bowser Boyes Brandt Bunt Burd Burns Bush Caltagirone Carlson Carn Cessar Chadwick Cimini Civera clark Clymer E:;Lla c,l, Cotdisco ::'$I coy Delum E:2s rob id, Deal Dietz Dininni Distler Dombrowski Donatucci Dorr Duffy Durham Evans Fargo Fattah Fee kcher Flick Foster Fox Freeman Freind Gallagher Gallen Gamble Geist George Gladeck Godshall Greenwood Gruitza Gruppo Haluska Harper Hasay Hayes Herman Hershey Honaman Howlett Hutchinson Itkin Jackson Jarolin Johnson Josephs Kasunic Kennedy Kenney Kosinski Kukovich Lmgtry Laughlin Lescovitz Levdansky Linton Livengood Lloyd Lucyk McCall McClatchy McHale McVerry Mackowski Maiale Manderino Manmiller Markosek Mayemik Merry Michlovic Micozzie Miller Morris Mowery Mrkonic Murphy Noye O'Brien O'Donnell Olasz Oliver Petrarca Phillips Piccola Pievsky Pistella Pitts POtt Pressmann Presto" Punt Raymond Reber Reinard Richardson Rieger Robbins Roebuck Rudy Ryan Rybak Saloom Saurman kheetz Sehuler Semmel Sevenfy Showers Sirianni Smith, 8. Snyder, D. W Snyder, G. Staback Stairs Steighner Stevens Stewart Stuban Sweet Swift Taylor, E. 2. Taylor, F. Taylor, J. Telek Tigue Trello Truman Van Home Veon Wambach Wass Weston Wiggins Wilson Wogm Wozniak Wright, D. R. Wright, J. L. Yandrisevits Irvis, Spcaker

14 NAYS-I1 Bonner ComeU Hagmy Smith, L. E Bowley DeVerter Moehlmann Vroon Broujos Fryer NahiU NOT VOTING-2 DeWeex Wright, R. C. Cappabianca Lashinger Perzel Serafmi Cannon Letterman Petrone The question was determined in the affirmative, and the amendments were agreed to. REMARKS ON VOTE The SPEAKER. Why does the lady from Susquehanna, Miss Sirianni. rise in olace? Miss SIRIANNI. Mr. Speaker, on amendment A4871 to HB 823, I would like to be recorded in the affirmative. The SPEAKER. The lady's remarks will be spread upon the m*r\ra Miss SIRIANNI. Thank you. CONSIDERATION OF HB 823 CONTINUED Will the House agree to the bill on third consideration as amended? Mr. SCHEETZ offered the following amendments No. A4461 : Amend Title, page 1, line 5, by inserting after "thereto,"" further providing for the sale of unused and unnecessary lands and buildings: Amend Bill, page I, by inserting between lines 8 and 9 Section 1. Section 707(8) of the act of March 10, 1949 (P.L.30, No.14). known as the Public School Code of amended July 31, 1%8 (P.L.7%, No.242). is amended to read: Section 707. Sale of Unused and Unnecessary Lands and Buildings.-The board of school directors of any district is hereby vested with the necessary power and authority to sell unused. and unnecessary lands and buildings, by any of the following methods and subject to the following provisions: (8) Notwithstanding the foregoing provisions of this section, any school district of the second, third or fourth class, upon approval of two-thirds (2/3) of the members of the board of school directors of such district, may convey any unused and unnecessary lands and buildings of the district to the city, borough, town or township, the boundaries of which are coterminous with or within those of the district or a volunteer fire company, volunteer ambulance service or volunteer rescue squad located within the district, without consideration, or for such consideration and on such terms of exchange or otherwise as mav be agreed upon, without first complying with the requirements o? the foregoing provisions of this section. AU such conveyances to a city, borough, town or townshi shall contain a clause whereby the lands and buildings will reve: to the school district if thev are no loneer beine used for munici- LEGISLATIVE JOURNAL-HOUSE NOVEMBER 19, Amend Sec. 1, page 1, line 9, by striking out "1" and inserting " L Amend Sec. 1, page 1, lines 9 through 11, by striking out "of March" in line 9, all of line 10 and "1949" in line 11 Amend Sec. 2, page 5, line 7, by striking out "2" and insert- I ing 3 Lancaster. Mr. Scheetz. Mr. SCHEETZ. Thank you, Mr. Speaker. Under current law school boards may convey any unused or unnecessary lands and buildings of the district to a city, borough, town, or township. That has to occur by a twothirds vote of the board. This amendment will also include fire companies, volunteer ambulance services, or volunteer rescue squads located within the same district. The amendment is actually the same as the language in SB 286, which was passed back in May of 1985 with a 47-to-0 vote. I ask for a positive vote. Thank you. The following roll call was recorded: Acosta Afflerbach Angstadt Argall Any Baldwin Barber Barley Battisto Belardi Belfanti Birmelin Black Blaum Book Bonner Bowlev ~owsei Boyes Brandt Broujos Bunt Burd Bums Bush Caltagirone Carlson Cam Cawley cessar Chadwick Cimini Civera Clark Clymer Cohen Colafella Cole Cordisco Comell Dietr Dininni Distler Dombrawski Donatucci Dorr Duffy Durham Evans Fargo Fattah Fee Fischer Flick Foster Fox Freeman Freind Fryer Gallagher Gallen Gamble Geist George Gladeck Godshall Greenwood Gruitza Gruppo Hagarty Haluska Harper Hasay Hayes Herman Hershey Honaman Howlett Hutchinson ltkin YEAS-192 Langtry Laughlin Lescovitz Levdansky Linton Livengood Lloyd Lucyk McCall McClatchy McHale McVerry Mackowski Maiale Manderino Manmiller Markosek Mayernik Merry Michlonc Micouie Miller Machlmann Moms Mowery Mrkonic Murphy Nahi!J Noye O'Brien O'Donnell Olasz Oliver Petrarca Phillips Piccola Pievsky Pistella Pitts Pott Robbins Roebuck Rudy Ryan Rybak Saloom Saunnan Scheetz Schuler Semmel Seventy Showers Sirianni Smith, B. Smith, L. E. Snyder, D. W Snvder. G. staback Stairs Steighner Stevens Stewart Stuban Swat Swift Taylor, E. 2. Taylor. F. Taylor, 1. Telek Tigue Trello Truman Van Home Veon Vrwn Wambach Wass Weston Wiggins Wilson

15 1986 LEGISLATIVE JOURNAL-HOUSE 2177 Coslett Jackson Pressmann Wogan CoweU Jarolin Preston Wozniak COY Deluca Johnson Iosephs Punt Raymond Wright. D. R. Wright, I. L. DeVener Kasunic Reber Yandrisevits Daley Kennedy Reinard Davies Kenney Richardson Iwis, Dawida Kosinski Rieger Speaker Deal Kukovich NAYS-0 NOT VOTING-2 DeWeese Wright, R. C. EXCUSED-7 Cappabianca Lashinger Perzel Serafini Cannon Letterman Petrone The question was determined in the affirmative, and the amendments were agreed to. Will the House agree to the bill on third consideration as amended? AMENDMENT A4329 RECONSIDERED The SPEAKER. The Chair has before it a motion for reconsideration whereby amendment A4329 was defeated to HB 823. The motion is signed by the gentleman from Luzerne, Mr. Stevens. The following roll call was recorded: YEAS-190 Acosta Deal Kasinski Riecer Afflerbach Dietz Kukovich Angstadt Dininni Lawtry Argall Distler Laughlin Arty Baldwin Barber Barley Battisto Belardi Belfanti Bimelin Black Blaum Book Bonner Bowley Bawser Boya Brandt Broujos Bunt Burd Bums Bush Caltagirone Carlson Cam Cawley Dombrowski Donatucci Dorr Duffy Durham Evans Fargo Fattah Fee Fischer Flick Foster FOX Freeman Freind Fryer Gallagher Oallen Gamble Geist George Gladeck Godshall Greenwood Gruitza Lescovitz Linton Livengood Lloyd Lucyk McCall Mglatchy MeHale McVerry Mackowski Maiale Manderino Manmiller Markosek Mayernik Merry Michlovic Micozzie Miller Moehlmann Morris Mowery Mrkonic Murphy Nahill Cessar GNPPO Noye Chadwick Hagarty O'Brien Cini Haluska O'Donnell Trello ~ogbins Roebuck Rudy Ryan Rybak Saloom Saurman Scheetz Schuler Semmel Seventy Showers Sirianni Smith. B. Smlth, L. E. Snyder, D. W. Snyder, G. Staback Stairs Steighner Stevens Stewart Stuban Sweet Swift Taylor. E. Z. Taylor, F. Taylor. I. Telek Tigue Civera Harper Olasr Van Horne Clark Hasay Oliver Veon I Clymer Cohen ColafeUa Cole Cordism Cornell COSlett Cowell COY Deluca DeVerter Daley Davies Dawida Truman Hayes Herman Hershey Honaman Howlett Hutchinson Itkin Jackson Jarolin Johnson Josephs Kasunic Kennedy Kenney Petrarca Phillips Piccola Pievsky Pistella Pitts Pott Pressmann Preston Punt Raymond Reber Reinard Richardson NAYS-1 NOT VOTING-3 DeWeese Levdansky Wright, R. C. EXCUSED-7 Vroon Wambach wass Weston Wiins Wilson Wogan Worniak Wright, D. R Wright. I. L. Yandrisevits IN~s, Speaker Cappabianca Lashinger Perzel Serafini Cannon Letterman Petrone The question was determined in the affirmative, and the motion was agreed to. The clerk read the following amendments No. A4329: Amend Title, page 1, line 5, by inserting after "thereto,"" further oroviding for the reorganization of certain school districts into smaller school districts; aid Amend Bill, page I, by inserting between lines 8 and 9 Section 1. Article I1 of the act of March 10, 1949 (P.L.30, No. 14), known as the Public School Code of 1949, is amended by addine a subdivision to read: ARTICLE 11. SCHOOL DISTRICTS.

16

17 1986 LEGISLATIVE J< (b) If a majority of the electors voting thereon within the geographic boundaries of the existing district approve the question, the school district,hall be reorganized in accordance w~th ing 2 Amend Sec. I, page I, lines 9 through 11, by striking out "of March" in line 9, all of line 10 and "1949" in line 11 Amend Sec. 2, page 5, line 7, by striking out all of said line and inserting Section 3. This act shall take effect as follows: (I) Section 1 shall takeeffect in Wdays. (2) The remainder of ihi5 act shall take effect irnmedlately. Luzerne, Mr. Stevens. Mr. STEVENS. Thank you, Mr. Speaker. Thank you for reconsidering this. I would like to clarify two points that may have swayed some votes here. Number one, to have all these horror stories, I am telling you that this will not affect most school districts in this State, and it only provides a mechanism. It is a very strict bill. It would be very difficult, even in my area, to have these districts changed, but I want to give the people a mechanism. But, also, apparently Representative Stuban implied that there are some negotiations under way. I just do not think that that is realistic, because first of all, there are legal questions on part of my school district joining up with his, and on the other point of it, it would leave the rest of my school district in a real bind because it will not be a comprehensive plan. It will just be one area trying to join with another district. I am just asking you to reconsider and to please give the people in my area this mechanism. It will not affect 99 percent of the school districts in this State, and it would give people in my area a chance to at least come up with a plan. Whether or not the Department of Education and our local school board would ever approve the plan is another thing, and it would take years. It is not something simple. So please give that some thought, and I would ask you to reconsider your vote if you did vote "no" on that. Columbia, Mr. Stuban, on the amendment. Mr. STUBAN. Thank you, Mr. Speaker. Mr. Speaker, I still rise to oppose the amendment. Even though there are ongoing negotiations, it is going to take some time. I do agree with my colleague, Representative Gallagher here, that this is an important piece of legislation. I know Mr. Stevens' district is discussing a building program; 1 have building programs in my district. I think the controversy of this amendment should be something that we should not pass here in the last few days of the session that I believe has a lot of consideration. There ought to be some public hearings held on it. We should find what effect it does have on some of the other districts in the rest of this State here, and I still would ask my colleagues to oppose this amendment. The following roll call was recorded: Acosta Argall Barley Birmelin Blaum Book Brandt Bunt Burd Burns Bush Carlson Cessar Chadwick Cimini Civera Clymer Cornell Coslett Dietz Distler Afflerbach Angstadt Any Baldwin Barber Battisto Belardi Belfanti Black Bonner Bowley Bowser Boyes Dorr Durham Fargo Flick Foster Fox Freind Gallen Geist George Gladeck GodshaU Gruppa Hagarty Hayes Herman Hershey Honaman Jarolin Johnson Kennedy Dawida Deal Dininni Dombrowski Danatucci Duffy Evans FaRah Fee Fischer Freeman Fryer Gallagher Kenney Langtry Laughlin Livengood Lucyk McCall McClatchy McVewy Mackowski Micozzie Miller Moehlmann NahiU Naye O'Brien Phillips Piccola Pitts Pott Raymond NAYS- I08 Linton Lloyd McHale Manderino Manmiller Markosek Mayemik Merry Michlovic Morris Mowery Mrkonic Murphy Reinard Rudy Ryan Saurman Semmel Sirianni Smith, B. Snyder, D. W. Snyder, G. Staback Steighner Stevens Swift Taylor, J. Tigue Weston Wogan Wozniak Wright, D. R. Wright, I. L. Rybak Saloom Scheetz Schuler Seventy Showers Smith, L. E. Stairs Stewart Stuban Sweet Taylor, E. Z. Taylor, F.

18 LEGISLATIVE JOURNAL-HOUSE NOVEMBER 19, Broujos Gamble 0' Donnell Telek Cohen Hershey Piccola Caltagirone Greenwood Olasz Trello Colafella Honaman Pievsky Cam Grnitza Oliver Truman Cole Howlett PistcUa Cawley Haluska Petrarca Van Home Cordisco Hutchinson Pitts Clark Harper Pievsky Veon Cornell Itkin Pot1 Cohen Hasay Pistella Vroon Coslett lackson Prcssmann Colafella Hutchinson Pressmann Wambach Cowell Jarolin Preston Cole Itkin Preston Wass COY Johnson Punt Cordisco Jackson Punt Wiggins Deluca Jasephs Raymond CoweU Josephs Reber Wilson DeVerter Kasunic Reber COY Kasunic Richardson Yandrisevits Daley Kennedy Reinard Deluca Kosinski Rieger Davies Kenney Richardson DeVerter Kukovich Robbins Irvis, Dawida Kosinski Rieger Daley Lesmvitz Roebuck Speaker Deal Kukovich Davis Levdansky NAYS-0 NOT VOTING-4 NOT VOTING-2 DeWeesc Howlett Maiale Wright, R. C DeWeese Wright. R. C. EXCUSED-7 EXCUSED-7 Cappabianca Lashinger Perzel Serafini Cannon Letterman Petrone I Cappabianca Lashinger Perzel Serafiii Gannon Letterman Petrone The question was determined in the negative, and the amendments were not agreed to. 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 different 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. YEAS-192 Acosta Dietz Lawtry Robbins Afflerbach Dininni Laughlin Roebuck Anestadt Distler Lescovitz Rudv ~r&l Arty Baldwin Barber Barley Battisto Belardi Belfanti Birmelin Black Blaum Book BOrtner Bowley Bowser Boyes Brandt Broujos Bunt Burd Bums Bush Caltagirone CarlSO" Cam Caw lev Dombrowski Donatucci Dorr Duffy Durham Evans Fargo Fattah Fee Fischer Flick Foster Fox Freeman Freind Fryer Gallagher Gallen Gamble Geist George Gladeck Godshall Greenwood Gmitza Oruow Levdansky Linton Livengood Lloyd Llcyk McCall McClatchy McHale McVerry Mackowski Maiale Manderino Manmiller Markosek Mayernik Merry Michlovic Micozzie Miller Moehlmann Morris Mowery Mrkonic Murphy Nahill Nove ~yan Rybak Saloom Saurman Scheetz Schuler Semmel Seventy Showers Sirianni Smith, B. Smith, L. E. Snyder, D. W Snyder, G. Staback Stairs Steighner Stevens Stewart Stuban Sweet Swift Taylor, E. 2. Taylor, F. Taylor, J. Telek Cessar ~aiarty 0'~rien Tigue Chadwick Haluska O'Donnell Trello Cimini Harpcr Olasz Truman Civera Hasay Oliver Van Home Clark Hayes Petrarca Vton upon the record. Clymer Herman Phillips Vroon Wambach Wass Weston Wiggins Wilson Wogan Womiak Wright, D. R. Wright, I. L. Yandrisevits Irvis, Speaker The majority required by the Constitution having voted in the affirmative, the question was determined in the affirmative and the bill passed finally. 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. WELCOME The SPEAKER. The gentleman, Mr. Asgall, has as his guests here today two pages - Ida Wessner and Kelli Reese. Welcome to the floor of the House. REMARKS ON VOTES York, Mr. Dorr. Mr. DORR. Mr. Speaker, on the Gallagher amendment to HB 823 -that is, amendment my vote was incorrectly recorded. I would like to be recorded in the negative. The SPEAKER. The gentleman's remarks will be spread upon the record. The Chair recognizes the gentleman from York, Mr. Snyder. Mr. G. M. SNYDER. Mr. Speaker, I know from the computer printout that my vote in the affirmative on amendment 4871 to HB 823 was not recorded. I would like that so noted. Thank you. The SPEAKER. The gentleman's remarks will be spread upon the record. The Chair recognizes the gentleman from York, Mr. Foster. Mr. FOSTER. Thank you, Mr. Speaker. 1 The printout shows that I am recorded in the affirmative on amendment 4973 to HB 823. I would like the record to show my vote in the negative. The SPEAKER. The gentleman's remarks will be spread

19 1986 LEGISLATIVE JOURNAL-HOUSE 2181 SENATE MESSAGE HOUSE AMENDMENTS NONCONCURRED IN BY SENATE The clerk of the Senate, being introduced, informed that the Senate has nonconcurred in the amendments made by the House of Representatives to SB 1276, PN MOTION INSISTING UPON AMENDMENTS Mr. MANDERINO moved that the House insist upon its amendments nonconcurred in by the Senate to SB 1276, PN 2500, and that a committee of conference on the part of the House be appointed. Motion was agreed to. APPOINTMENT OF COMMITTEE OF CONFERENCE The SPEAKER. The Chair appoints as a committee of conference on the part of the House on SB 1276, PN 2500: Messrs. BATTISTO, VEON and RYAN. Ordered, That the clerk inform the Senate accordingly. JUDICIARY COMMITTEE MEETING The SPEAKER. We have committee meetings to be announced. The Chair recognizes the gentleman from Philadelphia, Mr. Kosinski. Mr. KOSINSKI. Thank you, Mr. Speaker. I would like to announce a continuation of the recessed Monday Judiciary Committee hearing in room 123, South Office Building, immediately. STATE GOVERNMENT COMMITTEE MEETING Philadelphia, Mr. Oliver. Mr. OLIVER. Thank you, Mr. Speaker. The meeting of the State Government Committee scheduled for room 401 at the call of the recess is being canceled. However, there will be a brief meeting of the State Government Committee at the call of the recess in the rear of the House. REMARKS ON VOTE Erie, Mr. Dombrowski, to correct the record. Mr. DOMBROWSKI. Thank you, Mr. Speaker. On the Gallagher amendment A4973 to HB 823 I was not recorded, but 1 would like to be recorded in the affirmative. Philadelphia, Mr. Kosinski, again. Mr. KOSINSKI. Thank you, Mr. Speaker. I would like to change the room for that Judiciary Committee hearing to room 401 of the Main Capitol immediately. The SPEAKER. The Chair thanks the gentleman. REPORT OF COMMITTEE OF CONFERENCE PRESENTED Mr. McHALE presented the Report of the Committee of Conference on HB 1498, PN REMARKS ON VOTE The SPEAKER. Why does the gentleman from Beaver, Mr. Veon, rise? Mr. VEON. To correct the record, Mr. Speaker. On HB 823, Gallagher amendment A4973, I was not recorded. I wish to be recorded in the affirmative. The SPEAKER. The gentleman's remarks will be spread upon the record. INSURANCE COMMITTEE MEETING Northampton, Mr. Rybak. Mr. RYBAK. Mr. Speaker, the House Insurance Committee will have a meeting in room 401 immediately. I urge all members to attend. Thank you. The SPEAKER. Now, Mr. Kosinski, room 401 has been taken away from you. Would you like to meet in the Speaker's office? Mr. KOSINSKI. That would be ideal, if the Speaker would be so kind. The SPEAKER. It may be the only place, but I am having a meeting there, too. Mr. KOSINSKI. I would like to announce that meeting of the Judiciary Committee in the Speaker's office immediately. Thank you, Mr. Speaker. The SPEAKER. You can meet in the outside office of the Speaker's office. All right. RECESS The SPEAKER. The House stands in recess until 1 p.m. AFTER RECESS The time of recess having expired, the House was called to order. SENATE MESSAGE SENATE INSISTS ON AMENDMENTS NONCONCURRED IN BY HOUSE The clerk of the Senate, being introduced, informed that the Senate has insisted upon its amendments nonconcurred in

20 2182 LEGISLATIVE JOURNAL-HOUSE NOVEMBER 19, by the House of Representatives to HB 1160, PN 3838, and I MOTION INSISTING UPON AMENDMENTS has appointed Senators GREENLEAF, RHOADES and Mr. MANDERINO moved that the House insist upon its O'PAKE a committee of conference to confer with a similar amendments nonconcurred in by the Senate to SB 483, PN committee of the House of Representatives (if the House of 2496, and that a committee of conference on the part of the Representatives shall appoint such committee) on the subject House be appointed. of the differences existing between the two Houses in relation to said bill. MOTION INSISTING UPON NONCONCURRENCE IN SENATE AMENDMENTS Mr. MANDERINO moved that the House insist upon its nonconcurrence in Senate amendments to HB 1160, PN 3838, and that a committee of conference on the part of the House be appointed. Motion was agreed to. APPOINTMENT OF COMMI'ITEE OF CONFERENCE The SPEAKER. The Chair appoints as a committee of conference on the part of the House on HB 1160, PN 3838: Messrs. SWEET, O'DONNELL and MOEHLMANN. Ordered, That the clerk inform the Senate accordingly. SENATE MESSAGE SENATE INSISTS ON AMENDMENTS NONCONCURRED IN BY HOUSE The clerk of the Senate, being introduced, informed that the Senate has insisted upon its amendments nonconcurred in by the House of Representatives to HB 1362, PN MOTION INSISTING UPON NONCONCURRENCE IN SENATE AMENDMENTS Mr. MANDERINO moved that the House insist upon its nonconcurrence in Senate amendments to HB 1362, PN 3956, and that a committee of conference on the part of the House be appointed. Motion was agreed to. APPOINTMENT OF COMMITTEE OF CONFERENCE The SPEAKER. The Chair appoints as a committee of conference on the part of the House on HB 1362, PN 3956: Messrs. LLOYD, LlNTON and MILLER. Ordered, That the clerk inform the Senate accordingly. SENATE MESSAGE HOUSE AMENDMENTS NONCONCURRED IN BY SENATE The clerk of the Senate, being introduced, informed that the Senate has nonconcurred in the amendments made by the House of Representatives to SB 483, PN 24%. On the question. Motion was agreed to. APPOINTMENT OF COMMITTEE OF CONFERENCE The SPEAKER. The Chair appoints as a committee of conference on the part of the House on SB 483, PN 2496: Messrs. McHALE, BORTNER and VROON. Ordered, That the clerk inform the Senate accordingly. I LEAVE OF ABSENCE The SPEAKER. Why does the gentleman from Lawrence, Mr. Fee, rise? Mr. FEE. Mr. Speaker, to add Mr. DeWEESE from Greene County to the absentee list. The SPEAKER. Leave of absence will be granted, without objection. The Chair hears no such objection. I I SUNSHINE NOTICE The SPEAKER. The clerk will read the notice of the session time of the General Assembly. The following communication was read: House of Representatives Commonwealth of Pennsylvania Harrisburg NOTICE SESSION TIME HOUSE OF REPRESENTATIVES Notice is hereby given, in accordance with the Act of July 19, 1974, P.L. 486, No. 175, that the House of Representatives will convene in open session in the Hall of the House on the following date and time: Thursday, November 20, 1986 at 9:30 a.m. John J. Zubeck Chief Clerk House of Representatives November 19, 1986 House of Representatives Commonwealth of Pennsylvania Harrisburg I hereby certify that thirty copies of the foregoing notice were delivered to the Supervisor of the Newsroom of the State Capitol Building in Harrisburg, and a copy was also posted on the bulletin board outside the main entrance to the Chief Clerk's Office on the following date: November 19, 1986 John J. Zubeck Chief Clerk House of Representatives I

21 1986 LEGISLATIVE JOURNAL-HOUSE 2183 November I APPROPRIATIONS COMMITTEE MEETING BILL REPORTED FROM COMMITTEE, CONSIDERED FIRST TIME, AND TABLED SB 1125, PN 2554 (Amended) By Rep. KOSINSKI An Act amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, adding judges of the courts of common pleas of the first, third, fourteenth, twentythird, twenty-sixth, thirty-second, thirty-third, thirty-eighth, thirty-ninth, forty-second and forty-fifth judicial districts. JUDICIARY. BILL REMOVED FROM TABLE The SPEAKER. The Chair recognizes the majority leader. Mr. MANDERINO. Mr. Speaker, I move that SB 1125 be removed from the table. Motion was agreed to. BILL RECOMMITTED The SPEAKER. The Chair recognizes the majority leader. Mr. MANDERINO. Mr. Speaker, I move that SB 1125 be recommitted to the Committee on Appropriations for a fiscal note. Motion was agreed to. BILL REPORTED FROM COMMITTEE, CONSIDERED FIRST TIME, AND TABLED SB 1541, PN 2555 (Amended) By Rep. OLIVER An Act amending the act of June 3,1937 (P. L. 1333, No. 320), entitled "Pennsylvania Election Code," changing the date for the general primary in the year of the nomination of a President of the United States; and further providing for the signing of nomination petitions and the contents of certain nomination petitions. STATE GOVERNMENT. BILL REMOVED FROM TABLE The SPEAKER. The Chair recognizes the majority leader. Mr. MANDERINO. Mr. Speaker, I move that SB 1541 be lifted from the table and placed on the active calendar. Motion was agreed to. Philadelphia, Mr. Pievsky. Mr. PIEVSKY. Mr. Speaker, I wonder, during this lull, can I call an Appropriations Committee meeting at the rear of the House? The SPEAKER. Certainly, sir. M,, PIEVSK~, ~h~,,k you, M ~. speaker, Speaker, I would like to call a meeting of the Appropriations Committee at the rear of the chamber. The SPEAKER. An Appropriations Committee meeting at the rear of the chamber immediately. Mr. PIEVSKY. Thank you, Mr. Speaker. REPORT OF COMMITTEE OF CONFERENCE PRESENTED Mr. BATTISTO presented the Report of the Committee of Conference on SB 1276, PN I BILLS REREPORTED FROM COMMITTEE SB 1125, PN 2554 By Rep. PIEVSKY An Act amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, adding judges of the courts of common pleas of the first, third, fourteenth, twentythird, twenty-sixth, thirty-second, thirty-third, thirty-eighth, thirty-ninth, forty-second and forty-fifth judicial districts. APPROPRIATIONS. SB 1373, PN 2548 By Rep. PIEVSKY An Act amending the act of April 9, 1929 (P. L. 177, No. 17% known as "The Administrative Code of 1929," adding and changing - - definitions relating - to crime victims' comwnsation; further providing ior eligibility for crime victims' compensation anti for awards: nrovidine for the res~onstbilities of providers of service to crime ;ictims;further pro;iding for the allocation of certain funds; extending the limitations period for the filing of claims for crime victims' compensation by child victims; providing for the visitation of prisons; and continuing the Crime Victim's Compensation Board. APPROPRIATIONS. SB 1484, PN 2464 By Rep. PIEVSKY An Act amending the act of Februaw (P. L. 2, No. 2). entitled "~uu~unc~ure Registration A~I," authorizing the registrat~on of acu~uncturi~t~ bv the State Board of Orteopathic Medicine; further providing fo; the supervision of acupuncturists by physicians; and further providing for disciplinary measures. APPROPRIATIONS. BILLS 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: SB 1484, PN 2464; and SB 1373, PN 2548.

22 2184 LEGISLATIVE JOURNAL-HOUSE NOVEMBER 19, CONDOLENCE RESOLUTION ADOPTED The SPEAKER. We have a condolence resolution on the death of a former member. Members will now please take their seats. The sergeant at arms will close the doors of the House. The clerk will read the condolence resolution. The following resolution was read: HOUSE OF REPRESENTATIVES HARRISBURG, PA. OFFICE OF THE CHIEF CLERK RESOLUTION WHEREAS, The Commonwealth of Pennsylvania has lost a true friend. Those who knew Bob Hamilton remember his joy of service, his camaraderie and his success in having served as Speaker of the House of Representatives. His record prior to his service in the House of Representatives reads as a litany of his dedication and enthusiasm; and WHEREAS, A graduate of the Pennsylvania State University, he later obtained a law degree from Duquesne University Law School and ran for the seat of State Representative in his district in 1940, where he served three terms. He regained the seat in 1948 and served until his retirement in Mr. Hamilton sewed as Speaker of the House for ; and WHEREAS, Mr. Hamilton was a member of the First United Methodist Church. F&AM Lodge No. 701, IOOF Lodge No. 348, and Harmonie Associates, all of Ambridge. In addition, he served on the Penn State Advisory Board and Red Cross Advisory Board; now therefore be it RESOLVED, That the House of Representatives of the Commonwealth of Pennsylvania pauses in its deliberations to mourn the passing of Robert K. Hamilton, a dedicated public servant, compassionate humanitarian and devoted husband and father; extends heartfelt condolences to his wife, Jean Hunt Hamilton; two sons, the Reverend James Hamilton of Union City and William Hamilton of Bellevue; and two grandchildren; and be it further RESOLVED, That a copy of this resolution be delivered to Mrs. Jean Hunt Hamilton, 917 Maplewood Avenue, Ambridge, Pennsylvania We hereby certify that the foregoing is an exact copy of a resolution introduced in the House of Representatives by the Honorable Charles P. Laughlin and K. Leroy Irvis, and unanimously adopted by the House of Representatives on the 18th day of November K. Leroy Iwis Speaker of the House ATTEST: John J. Zuheck Chief Clerk Will the House adopt the resolution? The SPEAKER. Members and all guests will now rise. (Members stood.) The SPEAKER. The resolution is unanimously adopted. CONDOLENCE RESOLUTION ADOPTED The SPEAKER. Let the doors remain closed. We have a further condolence resolution on the death of a very good friend of ours, a former member of the House of Representatives, Charles Caputo. The clerk will read the resolution. The resolution was HOUSE OF REPRESENTATIVES HARRISBURG, PA. OFFICE OF THE CHIEF CLERK RESOLUTION WHEREAS, Charles N. Caputo, a former member of the Pennsylvania House of Representatives, a distinguished lawyer, and successful businessman, passed away at age 74; and WHEREAS, Mr. Caputo represented three Pittsburgh wards in the House of Representatives from 1966 to 1978, during which time he served as chairman of the House Liquor Control Committee and the House Urban Affairs Committee. Following his service as a state legislator, Mr. Caputo served as an attorney with the Legislative Reference Bureau and later held the position of executive director of the House State Government Committee; and WHEREAS, A graduate of Duquesue Law School, Mr. Caputo was an assistant Pittsburgh city solicitor for twenty years and was a member of the Allegheny and the State Bar Associations. He also operated various businesses including a travel agency; and WHEREAS, Mr. Caputo was a member of the Supreme Order of the Sons of Italy and founder and charter president of the Italian Sons and Daughters of America and was awarded special Commendatore status by the Italian Government; now therefore be it RESOLVED, That the House of Representatives of the Commonwealth of Pennsylvania notes with sadness the passing of Charles N. Caputo, a dedicated public servant and exceptional attorney; extends its heartfelt condolences to his wife, Anna; sons, Charles 0. and Louis E.; three grandchildren and one great-grandchild; and beit further RESOLVED, That a copy of this document be transmitted to Mrs. Anna Caputo, 973 Tropical Avenue, Pittsburgh, Pennsylvania. We hereby certify that the foregoing is an exact copy of a Resolution introduced in the House of Representatives by the Honorable Steve Seventy, and adopted by the House of Representatives on the 29th day of September K. Leroy Irvis Speaker ATTEST: John J. Zubeck Chief Clerk Will the House adopt the resolution? The SPEAKER. Members and all guests will rise. (Members stood.) The SPEAKER. The resolution is unanimously adopted. The doors of the House may now be opened. STATEMENT BY MR. MAYERNIK Allegheny, Mr. Mayernik. Mr. MAYERNIK. Mr. Speaker, I ask for unanimous consent, sir. Allegheny, Mr. Mayernik, under unanimous consent.

23 ~, 1986 LEGISLATIVE JOURNAL-HOUSE 2185 Mr. MAYERNIK. Thank you, Mr. Speaker. improvements thereon, situate in Philadelphia County, Pennsyl- I would iust like the House to be informed that we have one vania, hereinafter described and subject to the conditions and of our high schools in the State of Pennsylvania that has as described in this act: All that certain lot or piece of ground situate in the 58th Ward recently been recognized as number one in the Nation in high of the City of Philadelphia, described in accordance with a Plan school football, and that is North Hills High School. 1 would of Property (D-1346), made ~ugust 2, 1985, by Israel Zeitz, Surlike to congratulate them for their efforts, and they are doing vevor and Reeulator of the Fourth Survev District as follows: a fantastic job of ~utting - our high - school on theman. USA I. ~eginning at a point on the southkesterly side of South- Today has recognized them as number one, and they are pres- ampton Road (60 feet wide) at the distance of feet northwestwardly from the intersection of the southwesterly side of ently 12 and 0. They will be playing a game against another Southampton Road and the northwesterly side of the Roosevelt local high school this week, and I am sure they will rise to be Ro~~levard (State \-.-.- Hichwm.-.-, Rmntc No feet -.. widel: ~~. victorious against Gateway High School. I thi&e extending from said beginning point south 48 degrees 33 I would just like to congratulate North Hills High School. feet 30 second;west, the distance of feet to a point; North Hills High School is in Allegheny County, and as I say, thence extending north 41 degrees 25 minutes 10 seconds west, the distance of feet to a point; thence extending north 05 they are going to pulverize Gateway High School this degrees 56 minutes 08 seconds east, the distance of feet to weekend. Thank you, Mr. Speaker. a point; thence extending north 41 degrees 25 minutes 10 seconds west, the distance of feet to a point; thence extending CALENDAR CONTINUED north 48 degrees 46 minutes 50 seconds east, the distance of feet to a point on the said southwesterly side of South- BILLS ON THIRD CONSIDERATION ampton Road; thence extending along the said southwesterly side of Southampton Road south 45 degrees 06 minutes 40 seconds The House proceeded to third consideration of SB 628, PN east. the distance of feet to a ooint: thence extending still 2481, entitled: along the southucrtcrly s~de of ~o;thampton Road souch 42 An Act authorizing and directing the Department of General Services, with the approval of the Department of Corrections and the Governor, to convey to the Montgomery County Farm, Home and 4-H Foundation, acres of land, more or less, situate in Skippack Township, Montgomery County, Pennsylvania. Will the House agree to the bill on third consideration? Mr. KENNEY offered the following amendments No. A4992: Amend Title, page 1, line 5, by removing the period after "Pennsylvania" and inserting ; and authorizing the Department of General Services, with the approval of the Governor and the Department of Public Welfare, to convey a tract of land situate in Philadelphia County, Pennsylvania, to Self Help Movement, Inc., a not-for-profit corporation. Amend Sec. I, page 1, line 8, by insertingafter "1." (a) Amend Sec. 2, page 2, line 22, by striking out "Section 2." and inserting (b) Amend Sec. 3, page 2, line 29, by striking out "Section 3." and inserting - (c) Amend Sec. 4, page 3, line 6, by striking out "Section 4." and inserting (d) Amend Sec. 5, page 3, line 10, by striking out "Section 5." and inserting (e) Amend Bill, page 3, by inserting between lines ll and 12 Section 2. (a) The Department of General Services, with the approval of the Governor and the Department of Public Welfare, is hereby authorized to convey to Self Help Movement, Inc.. a not-for-profit Pennsylvania Corporation, upon demonstration of equivalent or greater return to the Commonwealth within five years due to the ongoing program for care of and service to addicted persons as prescribed in section 2405-A(3) of theact of April 9,1929 (P.L.177, No.175), known as TheAdministrative Code of 1929, a tract of land with the buildings and degrees 54 mlnutes40 seconds east, the d~stance of feet to th; first mentioned point and place of beginning. Containing in area square feet ( acres). (b) The conveyance in this section shall be subject to the condition that Self Help Movement, Inc., shall not use the described property for any other purpose except for nonprofit public health and social services rendered to the Commonwealth and to its citizens, and shall not transfer or convey the above property for any purpose. In the event Self Help Movement, Inc., fails to use the premises or uses the premises for any other purpose than for nonprofit public health and social services, the above described property shall immediately revert to the Commonwealth. (c) Costs and fees relating to the title search and preparation and recording of the deed and settlement under this act shall be borne by the grantee. (d) The execution and acknowledgment and the deed of conveyance under this act shall he signed and approved as provided by law. Amend Sec. 6, page 3, line 12, by striking out "6" and inserting 3 The SPEAKER. On the amendment, the Chair recognizes the gentleman from Philadelphia, Mr. Kenney. Mr. KENNEY. Thank you, Mr. Speaker. Mr. Speaker, this amendment would transfer 4.8 acres of ground to the Self Help Movement, Incorporated. Just a little background on Self Help, Incorporated. It presently is a nonprofit corporation that has been in operation for the past 13 years in the Philadelphia area. It serves young males who have drug and alcohol problems, which are epidemic across this country. They are presently occupying this ground, and very simply, this land would be transferred to them with no cost to the State. I ask for an affirmative vote.

24 ~ ~ ~ ~, Acosta Afflerbach Angstadt Arty Baldwin Barber Barley Battisto Belardi &Ifanti Birmelin Black Blaum Book Bonner Bowley Bowser Boya Brand1 Broujos Bunt Burd Bums Bush Caltagirone Carlsrm Cam Cawley Cessar Chadwick Cimini Civera Clark Clymer Cohen Colafella Cole Cordisco Cornell Coslett Cowell Dietz Dininni Distln Dombrowski Donatucci Dorr Duffy Durham Evans Fargo Fattah Fee Fiseher Flick Foster Fox Freeman Freind Fryer Gallagher Gallen Gamble Geist George Gladeck Godshall Greenwood Gruitza Grup~o Hagmy Haluska Hasay Haves ~eiman Hershey Honaman Howlett Hutchinson ltkin Jackson Jarolin Johnson Lan~try Laughlin Lescwitz Levdansky Linton Livengood Lloyd Lucyk McCall McClatchy McHale McVeny Mackowski Maiale Manderino Manmiller Mark0sek Mayernik Merry Michlovic Mieauie Miller Moehlmann Morris Mowery Mrkonic Murphy Nahill Noye O'Brien O'Donnell Olasz Oliver Petrarca Phillips Piccola Pievsky Pistella Pitts Pressman" Preston Punt LEGISLATIVE JOURNAL-HOUSE NOVEMBER 19, 1 Amend Title, page I, line 5, by removing the period after I "Pennsvlvania" and insertinn - ; and authorizing and directing the Department of General Ser- The following roll call was recorded: vices, with the approval of the Governor and the Department of Environmental Resources, to convey a tract of land in Newtown Township. Bucks County, to the Township of Newtown. Amend 8111, page 2, b; inserting between lines 21 and 22 Roebuck Rudy Ryan Rybak Saloom Saurman Scheetz Schuler Semmel Seventy Showers Sirianni Smith. B. smith: L. E. Snyder, D. W Snyder, G. Staback Stairs Steighner Stevens Stewart Stuban Sweet Swift Taylor, E. 2. Taylor, F. Taylor, I. Telek Tigue Trello Truman Van Home Veon Vroon Wambach Wars -. Coy losephs Raymond right; 1. L. Deluca Kasunic Reber Wright, R. C. DeVerter Kennedy Reinard Yandrisevits Daley Kenney Richardson Davies Kosinski Rieger IMS. Dawida Kukovich Robbins Speaker Deal NAYS-0 Harper Pot1 NOT VOTING-2 EXCUSED-8 Cappabianca Cannon Letterman Petrone DeWeese Lashinger Perzel Serafini The question was determined in the affirmative, and the amendments were agreed to. Will the House agree to the bill on third consideration as amended? Mr. GREENWOOD offered the following amendments No. A4936: I Sect~on 2. The Department of General Services, with the approval of the Governor and the Department of Environmental Resources, is hereby authorized and directed on behalf of the Commonwealth of Pennsylvania to convey to the Township of Newtown, Bucks County the following described tract of land located in Newtown Township, Bucks County, Commonwealth of Pennsylvania: Beginning at a corner of land now or formerlv of Sarah P. ~ockhold inihe middle of Swamp Road; thence north 56 degrees 23 minutes east feet to a stone; thence south 48 degrees 37 minutes 50 seconds east feet to a stone; thence south 36 degrees 27 minutes 35 seconds west feet to a stone in the middle of the aforesaid Swamp Road; thence along the middle of said Swamp Road north 53 degrees 31 minutes 50 seconds west to a point; thence along the middle of said Swamp Road north 53 degrees 21 minutes 20 seconds west feet to the point of beginning; all as the same is shown on a portion of a plan ~re~ared for the Department of Forests and Waters, dated May 28, Containing acres, more or less. Being the same property conveyed as Tract No. 2 from Sarah and Elizabeth Burns and J. Walker Burns to Ernest C. Deubler by deed dated August 14, 1929, and recorded in Bucks County Deed Book, Volume 579, page 274, and acquired by the Commonwealth of Pennsylvania by a Declaration of Taking filed November 23,1964. Amend Sec. 2, page 2, line 22, by striking out "2. The conveyance" and inserting 3.. The convevances described in sections 1 and 2 - Amend Sec. 3, page 2, line 29, by striking out "3" and insert- 4 Weston Wiggins Amend Sec. 3, page 2, line 29, by inserting after "conveywi~...~.."".. ance" I Wogan under section 1 Wozniak Amend Bill, page 3, by inserting between lines 5 and 6 Wrinht. D. R. Section 5. The convevance under section 2 shall be made subject to the express condition that the tract of land to be conveved shall forever be used exclusively for outdoor recreation purposes and shall be open to the public for such purposes without charge, and if said tract is used or conveyed for any other purpose, the title thereto shall immediately revert to and revest in the Commonwealth of Pennsylvania. Section 6. The tract of iand to be conveyed under section 2 shall remain subject to the terms of section 20 of the act of June 22, 1964 (Sp.Sess., P.L.131, NO.^), known as the Project 70 Land Acquisition and Borrowing Act, and the deed of conveyance shall contain the language specified in section 20(c) of said act. Amend Sec. 4. Daae 3.. line 6.. by. striking - out all of said line and inserting Section 7. The deeds of conveyance for the lands described in sections 1 and 2 shail be approved as Amend Bill, page 3, lines 10 through 12, by striking out all of said lines and inserting Section 8. Costs and fees incidental to the conveyances authorized by this act shall be borne by the respective grantees. Section 9. (a) The orovisions of this act authorizing the conveyance to the ~on~gomery County Farm Home and4-h Foundation shall takeeffecl in 60days.

25

26 2188 LEGISLATIVE JOURNAL-HOUSE NOVEMBER 19, NAYS-0 NOT VOTING-1 1 discuss that game with any member who would like to meet with him. The SPEAKER. The Chair thanks the gentleman. Cappabianca Gannon Letterman Petrone DeWeese Lashinaer - Perzel Serafini The majority required by the Constitution having voted in the affirmative, the question was determined in the affirmative and the hill passed finally. 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. STATEMENT BY MR. MARKOSEK The SPEAKER. Why does the gentleman from Allegheny, Mr. Markosek, rise? Mr. MARKOSEK. Point of personal privilege, Mr. Speaker. The SPEAKER. Who has insulted you? Do you feel Mayernik? Mr. MARKOSEK. Yes. The SPEAKER. The Chair thought you might be. he Chair recognizes the gentleman from Allegheny, Mr. Markosek. Mr. MARKOSEK. Mr. Speaker, just to set the record straight and to give the members a little background here. Last year North Hills High School and Gateway High School met for the championship, the western Pennsylvania interscholastic football championship, Quad A, hut the game ended in a zero to zero tie and hoth teams were named cochampions. Since that time, North Hills and Gateway have amassed 12-and-0 records this year and are meeting this Saturday at Three Rivers Stadium for the championship game again. North Hills High School, of which Representative Mayernik, my esteemed, learned colleague, is a graduate, is ranked number one in the Nation by the USA Today poll. However, that will only last until Saturday, where the game, I am sure, will not end in a nothing-nothing tie hut will be a victory for the Gateway Gators, which draws its great football players from places like Monroeville and Pitcairn. Mr. Speaker, I just wanted to set the record straight and give everybody an advance indication as to who the victor of this Saturday's game will be. Thank you, Mr. Speaker. STATEMENT BY MR. GEIST I BILL ON CONCURRENCE IN SENATE AMENDMENTS The clerk of the Senate, being introduced, returned the following HB 349, PN 3875, with information that the Senate has passed the same with amendment in which the concur- Ience Of the House Of Representatives 's Iequested: An Act amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, further providing for vehicles exempt from registration, the titling of all-terrain vehicles; providing for sovereign immunity for designating certain areas as snowmobile or ATV routes; and defining certain terms for purposes of the oil company franchise tax for highway maintenance and construction. Will the House concur in Senate amendments? RULES SUSPENDED insulted by the remarks of the gentleman from Allegheny, Mr. I The SPEAKER, There is an amendment which Lloyd wishes to offer. The amendment was circulated under Mr. Letterman's name for HB 349. Under our rules, no amendment may he offered to hills on concurrence, to amend a The SPEAKER. Why does the gentleman from Blair, Mr. Geist, stand in place? Mr. GEIST. Thank you very much, Mr. Speaker. I would like to remind those members on the floor that once again this weekend we will be playing the Pitt-Penn State game, and Representative Cessar is once again available to senate amendment. ~f the ~ l amendment, ~ ~ d circulated under Mr. Letterman's name, is to be offered, first the rules of the House must be suspended, The Chair recognizes the gentleman from Somerset, Mr. I,-..,, LLUJU. Mr. LLOYD. Mr. Speaker, the members will recall yesterday that when we called up HB 349, I mentioned that there were two problems with it. This is the hill that has to do with all-terrain vehicles, and as it is coming back from the Senate it would require the titling of all all-terrain vehicles, including those which people already own and have already paid a registration fee for. The bill would also contain a provision dealing with immunity for the Commonwealth for accidents which occur on ATV and snowmobile trails. As I indicated yesterday, there is an effort in which Mr. Letterman and the chairman of the Senate Transportation Committee and the Department of Environmental Resources have joined to clean up some parts of that bill, and the purpose of suspending the rules would be to offer that amendment so that we could solve the problem. The Senate will then concur and we can avoid a conference committee. So, Mr. Speaker, 1 would move that the rules of the House be susoended for the ouroose.. of offering - an amendment. The SPEAKER. Those in favor of suspension of the rules temporarily will vote "aye"; those opposed, "no." The Chair has been informed that hoth leaders are in favor of the suspension of the rules, or at least have no objection.

27 .. ~~~~~~ ~ ~ 1986 LEGISLATIVE JOURNAL-HOUSE 2189 The following roll call was recorded: YEAS AmendTitle, page 1, lines 5 through 7, by striking out "PRO- VIDING FOR SOVEREIGN" in line 5, all of line 6 and "ROUTES;" in line 7 Amend Sec. 5 (Sec ), page 5, by inserting between lines 28 and 29 Acosta Dietz Lauahlin Roebuck I lh) Exrcntinn -The nrnvisinnp.- of this section which reauire ~ ~~ Afflerbach Dininni Lescovitz Rudy e\e:y owner uf an ATV to make application for and receive a cer. Angstadt Distler Levdansky Ryan no[ apply to any person who has registered an Dombrowski Linton Rybak,efore the effective dare of [his section unlos thar Donatucci Livengwd Saloom Baldwin Dorr Lloyd Saurman the repisterrd ATV. Barber Duffy Lucyk Scheetz Amend S8 es. 5 (Sec ), page 5, line 29. by striking out Barley Durham McCd khuler ~attisto Belardi Belfanti Birmelin Black Blaum Book BoRner Bowley Bowser Boyes Brandt Broujos Bunt Burd Burns Bush Caltagirone Carlson Cam Cawley Cessar Chadwick Cimini Civera Clark Clymer Cohen Colafella Cole Cordisco Cornell cos1ett Cowell COY Deluca DeVeRer Daley Davies Dawida Deal Harper Evans Fargo Fattah Fee Fischer Flick Faster Fox Freeman Freind Fryer Gallagher Gallen Gamble Geist George Gladeck Godshall Greenwwd Gruitza OrupPo Hasany Haluska Hasay Hayes Herman Hershey Honaman Howlett Hutchinson Itkin Jackson Jarolin Johnson Josephs Kasunic Kennedy Kenmy Kosinski Kukovich Lan8try McClatchy McHale McVerry Mackowski Maiale Manderino Manmiller MarkOsek Mayernik Merry Michlovic Micovie Miller Moehlmann Morris Mowery Mrkonic Murphy Nahill Noye O'Brien O'Donnell Olasz Oliver Petrarca Phillips Piccola Pievsky Pistella Pitts Pott Pressmann Preston Punt Raymond Reber Reinard Richardson Rieger Robbins NAYS-0 NOT VOTING-1 EXCUSED-8 Semmel Seventy Showers Sirianni Smith, B. Smith, L. E. Snyder, D. W. Snyder, G. Staback Stairs Steighner Stevens Stewan Stuban Sweet Swift Taylor, E. Z. Taylor, F. Taylor, 1. Telek Tigue Trello Truman Van Horne Veon Vroon Wambach was Weston Wiggins Wilson Wogan Wozniak Wright, D. R. Wright, J. L. Wright, R. C. Yandrisevits Cappabianca Cannon Letterman Petcone Dew eese Lashinaer Perrel Serafini - A majority of the members elected to the House having voted in the affirmative, the question was determined in the affirmative and the motion was agreed to. Will the House concur in Senate amendments? Mr. LLOYD offered the following amendments No. "pj" and Amend Sec. 5 (Sec ), page 6, line 7, by striking out "(CJ" and inserting...!9 Amend Sec. 5 (Sec ), page 6, line 20, by striking out "(DJ" and inserting!9 Amend Sec. 5 (Sec ), page 7, line 1, by striking out "@" and inserting ~n YL Amend Sec. 5 (Sec ), page 7, by inserting between lines 6 and 7 (3) Any ATV which meets the requirements of subsection (b) prior to any resale. Amend Sec. 5 (Sec ), page 7, line 7, by striking out ''W and inserting 19) Amend Sec. 5 (Sec ), page 7, line 7, by striking out "THE" - and inserting Except as provided in subsection (b), the Amend Sec. 5 (Sec ), page 7, line 12, by striking out "pj" and inserting,h, w Amend Sec. 5 (Sec ), page 7, line 25, by striking Out "pj" and inserting fi) U Amend Sec. 5 (Sec ), page 8, line 12, by striking out "QJ" and inserting I;\ w Amend Sec. 6, page 15, lines 4 through l I, by striking out all of said lines Amend Sec. 7, page 15, line 13, by striking out "7" and inserting 6 Amend Sec. 8, page 17, line 4, by striking out "8" and inserting 7 Amend Sec. 8, page 17, line 4, by striking out "7" and inserting 6 - The SPEAKER. On the amendment, the Chair recognizes the ~entleman from Somerset. Mr. Llovd. Mr. Thank you, Mr. 'peaker. Mr. 'IJeaker, this amendment solves the problem in ways. First, with regard to all-terrain vehicle titling, this amendment makes clear that the requirement that titles be obtained is prospective only. In other words, if you have not bought your ATV yet, you would be subject to the titling reauirement whenever vou do. and in those situations in which you already own one which is currently registered, you

28 2190 LEGISLATIVE JOURNAL-HOUSE NOVEMBER 19, would never have to get a title unless you want to resell it. That is the first part of the amendment. The purpose of that is to avoid our being beaten over the head by our constituents whom we have made pay a registration fee and now the way the bill is currently drafted we make come back in with paperwork and have to pay a titling fee. The second part of the amendment removes from the bill the language which the Senate inserted having to do with immunity for the Commonwealth. I have a memorandum from legal counsel of the Department of Environmental Resources asking that that language be removed because of a court case handed down recently in which it was determined that the Commonwealth was covered under another statute which actually provides better protection for the Commonwealth and for its employees on DER property. This amendment is at the request of the department and would remove any language which might create a question that would lead some subsequent court to impose liability in a case in which today there would be no liability. For that reason, Mr. Speaker, I urge adoption of the Letterman amendment. The following roll call was recorded: Awsta Dietz Lagtry Roebuck Afflerbach Dininni Laughlin Rudy Angstadt Distler Lescovitz Ryan Argall Dombrowski Levdansky Rybak Artv Donatucci Linton Saloom Balhwin Barber Barley Battisto Belardi Belfanti Birmelin Black Blaum Book Bortner Bowley Bowser Boyes Brandt Broujos Bunt Burd Bums Bush Caltagirone Carlson Cam Cawley Cessar Chadwick Cimini Civera Clark Clymer Cohen Colafella Cole Cordisco Comell Coslett Dorr Duffy Durham Evans Fargo Fattah Fee Fischer Flick Foster Fox Freeman Freind Fryer Gallagher Gallen Gamble Geist George Gladeck Godshall Greenwood Gruitla Gruppo Hagarty Haluska Harper Hasay Hayes Herman Hershey Honaman Howlett Hutchinson ltkin Jackson McVerry Mackowski Maiale Manderino Manmiller Markosek Mayernik Mew Michlovic Micazzie Miller Mwhlmann Morris Mowery Mrkonic Murphy Nahill 0' Brien O'Donnell Olasz Oliver Petrarca Phillips Piccola Pievsky Pistella Pitts Pot1 Pressmann Preston Saurman Scheetz Schuler Semmel Seventy Showers Sirianni Smith, B. Smith, L. E. Snyder, D. W. Snyder, G. Staback Stairs Steighner Stevens Stewart StUban Sweet SwiA Taylor, E. Z. Taylor, F. Taylor, J. Telek Tigue Trello Truman Van Horne Veon Vroon Wambach Wass Westan Wiggins Wilson Wogan Wozniak Cowell Jarolin Punt Wright, D. R. COY Deluca lohnson Jowphs Raymond Reber Wright, I. L. Wright, R. C. DeVener Kasunic Reinard Yandrisevits Daley Kennedy Richardson Davies Kenney Rieger IN~s, Dawida Kosinski Robbins Speaker Deal Kukovich NAYS-1 Noye NOT VOTING-0 EXCUSED-8 Cappabianca Gannon Letterman Petrone DeWeese Lashinner Perzel Serafini The question was determined in the affirmative, and the amendments were agreed to. Will the House concur in Senate amendments as amended? Crawford, Mr. Merry, on the question. Mr. MERRY. Mr. Speaker, I would like to speak on concurrence. Mr. Speaker, I would like to urge nonconcurrence on this bill for the following reasons. I will have to compliment the Representative who offered the amendment, because it does provide somewhat of a compromise. Let everyone be aware, as Representative Lloyd has pointed out, that we just recently put on a registration fee for ATV's. Now, ATV's, for those who have forgotten, are those big rubber-tired vehicles that are usually three-wheelers, fourwheelers, and sometimes six-wheelers, that are used around the farm and generally off the road. It is my understanding that there has been poor compliance in registration amongst the people who own these vehicles. Some do not know about it; some object to the fee because they claim that the trails are not being built fast enough for them to use. The point is this: We have jus: put in a hill that is getting poor compliance. For us to put in an additional bill that provides for titling for ATV's that are purchased or transferred or sold from this day forward 1 think is improper. Remember now that there are other types of vehicles and appliances that we do not do this on. Most noticeable are boats. We have had hills that we have not been able to pass to provide for titling for boats, which would make it a great deal easier for financing institutions to finance a boat. It also would make it great to finance ATV's, and that is part of the reasoning behind this Senate bill. But I think we should wait a year or two before we provide any additional titling, because it is going to look like a money grab from the State that all you legislators are just wanting money back into the coffers. It does not accomplish any real good. And look beyond just the titling for new vehicles. What happens to the thousands that are sitting out there in farmyards and in backyards owned by little children, and sometimes granddads, but all kinds of people? Some are going to be titled and some are not. How

29 LEGISLATIVE JOURNAL-HOUSE are you going to enforce a bill that only applies to part of the ATV's that are out there? Mr. Speaker, I urge a negative vote on this concurrence vote. Somerset, Mr. Lloyd. Mr. LLOYD. Thank you, Mr. Speaker. So regardkess Of how members choose to vote, they to be aware of the fact that there are a number of other issues here and I think we have taken care of the most serious problem. Thank you. Will the House concur in Senate amendments as amended? The SPEAKER. Agreeable to the provisions of the constitution, the yeas and nays will now be taken. YEAS-161 Acosta Dininni Lescovitz Rieger Afflerbach Distler Levdansky Rudy Angstadt Dambrowski Linton Ryan ARY Danatucci Livengwd Rybak Baldwin Duffy Lloyd Saloom Barber Durham Lucyk Saurman Barley Evans McCall Scheetz Battisto Fattah McClatchy Schuler Belardi Fee McHale Semmel Belfanti Fischer McVerry Seventy Birmelin Flick Mackowski Showers Black Fox Maiale Smith, B. Blaum Freeman Manderino Smith, L. E. Book Freind Manmiller Stairs Bortner Fryer Markosek Steighner Bowley Gallagher Mayemik Stevens Brandt Gallen MicNovic Stewan Broujos Gamble Micozzie Stuban Bunt Gladeck Miller Sweet Burd Greenwood Moehlmann Taylor, F. Gruitza Morris ailo or, J. Bush GNPP~ Mrkonic Telek Caltagirone Hagarty Murphy Trello Carlson Haluska I NahiU Truman Mr. Speaker, I want to start by saying that titling ATV's Cam Harper O'Brien Van Home Cimini Herman 0' was not my idea, and some of what Mr. Merry says I think Donnell Veon Civera Hershey Olasr Vrwn may have some merit. Clark Honaman Oliver Wambach 1 think the amendment takes away the problem, however, Clymer Howlett Petrarca Weston that was most offensive to me. The purpose of the amend- Cohen Hutchinson Piccola Wiggins colafella ltkin Pievsky Wilson ment which was added in the Senate was to make it easier for Cole Jackson Pistella Wogan people to buy ATV's, because if there is a title, it is easier for Cordism larolin Pitts Wozniak Cornell Josephs Pott Wright, D. R. them to borrow money against the title and to borrow money Cowell Kasunic Pressmann Wright, 1. L. in order to buy the vehicle. It is my understanding that the coy Kennedy Preston Wright, R. C. people who sought this amendment were the people who sell Deluca Kenney Punt Yandrisevits Daley Kosinski Raymond all-terrain vehicles, and they felt that this was necessary to Da,ie, Kukovich Reber Irvis, maintain the market for those vehicles. Dawida Langfry Reinard Speaker With regard to trying to enforce it on resale, yes, there is Deal Laughlin Richardson always the possibility that somebody is going to resell a NAYS-29 vehicle and not title it. But when the new owner goes to regis- Argall Dietz Hasay Robbins ter that vehicle, he is going to be registering a vehicle which Bowser Dorr Hayes Sirianni has been previously registered under somebody else's name, Fargo Johnson Snyder, D. W. Cawley Foster Merry Snyder, G. and the fact that he does or does not have a title is then going c,,,, Geist Mowery Staback to be discovered by the department. Chadwick George Noye Swift In addition, it is important for members to know that there Godshall Phillips Tigue E$ie, is one other aspect of this bill that has nothing whatsoever to do with all-terrain vehicles and was sought by the petroleum NOT VOTING-3 producers, and we had passed that as separate legislation as Roebuck Taylor. E. 7. Wass an amendment to SB 155, and that has to do with changing EXCUSED-8 and simplifying the method of calculating the oil franchise tax Letterman Petrone which is owed. This is something that the dealers had worked ueweesc Lashinger Perzel Serafini out with the Department of Revenue which the department supports and which. as I understand it, is revenue neutral, and that is also in this bill. The majority required by the Constitution having voted in the affirmative, the question was determined in the affirmstive and the amendments as amended were concurred in. Ordered, That the clerk return the same to the Senate for concurrence^ BILLS ON THIRD CONSIDERATION CONTINUED The House proceeded to third consideration of SB 1412, PN 2529, entitled: An Act amending the act of August 23, 1967 (P. L. 251, No. 102), entitled, as amended, "An act providing for the incorporation as public instrumentalities of the Commonwealth and as bodies corporate and politic of industrial and commercial development authorities for municipalities, counties and townships; prescribing the rights, powers and duties of such authorities hereafter incorporated; authorizing such authorities to acquire, by gift or purchase, to construct, improve and maintain industrial, specialized, or commercial development projects including projects for the elimination or prevention of blight and the control of air and water pollution, and to borrow money and issue bonds therefor; providing for the payment of such bonds and giving security therefor, and prescribing the rights of the holders of such bonds; authorizing the lease or sale of industrial, specialized, or

30 LEGISLATIVE JOURNAL-HOUSE NOVEMBER 19, commercial development projects to industrial, specialized, or commercial enterprises; authorizing any county, municipality or township to transfer or convey to such authorities, any facilities or property available for industrial, specialized, or commercial development projects; exempting the property and securities of such authorities from taxation; authorizing such authorities to enter into contracts with and to accept grants from the Federal Government or any agency thereof; and providing for approval by the Secretan of Commerce of the oroceedinxs - relatine - to industrial, specialized, or commercial d;velopmcnt projec~s of such authorities," further defining "bonds." Will the House agree to the bill on third consideration? Bill was agreed to. The SPEAKER. This bill has been considered on three different 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. Acosta Afllerbach Angstadt Arty Baldwin Barber Barley Battisto Belardi Belfanti Birmelin Black Blaum Bwk Bortner Bowley Bowxr Boy- Brandt Broujos Bunt Burd Bums Bush Caltagirone Carlson Cam Cawley Ccssar Chadwick Cimini Civera Clark Clymer Cohm ColafeUa Cole Cordisco Cornell Coslett CoweU COY Deluca DeVerter Daley Davies Dawida Deal Dietz Dininni Distler Dombrowski Donatucci Don 0uffy Durham Evans Fargo Fattah Fee Fischer Flick Foster Fox Freeman Fryer Gallagher Gallen Gamble Geist George Oladeck Godshall Greenwood Gruitza ONPW Hagarty Haluska Harper Hasly Hayes Herman Hershey Honaman Howlett Hutchinson ltkin Jackson Jarolin Johnson Josephs ~ U N C Kennedy Kenney Kosinski Kukovich Langtry Laughlin Lescovitz Levdansky Linton Livengood Lloyd Lucyk McCall McClatchy McHale McVerry Mackowski Maiale Manderino Manmiller Markoxk Mayemik Merry Michlovic Micavie Miller Moehlmann Morris Mowery Mrkonic Murphy Nahill Noye 0' Brien O'Donnell Olasz Oliver Petrarca Phillips Piccola Pievsky Pistella Pitts Pott Pressmann Preston Punt Raymond Reber Reinard Richardson Rieger Robbins Roebuck Rudy Ryan Rybak Saloom Sauman Scheetz Schuler Semmel Seventy Showers Sirianni Smith, B. Smith, L. E. Snyder, D. W Snyder. 0. Staback Stairs Steighner Stevens Stewart Stuban Sweet Swift Taylor, E. 2. Taylor, F. Taylor, 1. Telek Tigue TreUo TNman Van Home Veon Vrwn Wambach Was Weston Wiggins Wilson Wogan Wozniak Wright, D. R. Wright, J. L. Wright. R. C. Yandrisevits Freind NOT VOTING-1 EXCUSED-8 Cappabianca Cannon Letterman Petrone DeWeese Lashinger Perrel Serafini The majority required by the Constitution having voted in the affirmative, the auestion was determined in the affirmative and the hill passed finally. 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. The House proceeded to third consideration of SB 1182, PN 2501, entitled: An Act establishing standards and aualifications hv which local tax authorities incounties of the firs; class may make special real property tax relief provisions. Will the House agree to the hill on third consideration? Mr. MURPHY offered the following amendments No. A5028: Amend Title, page I, line 2, by inserting after "first" and second Amend Sec. I, page 1, line 7, by inserting after "First" and Second Amend Sec. 2, page 2, line 4, by inserting after "first" and second Amend Sec. 4, page 2, line 22, by inserting after "ORDI- NANCE" or resolution Amend Sec. 5, page 3, line 6, by inserting after "class" and local taxing authorities in a county of the second class Amend Sec. 5, page 3, line 7, by inserting after "ordinance" or resolution Amend Sec. 5, page 3, line 19, by inserting after "CITY" or local taxing authority Amend Sec. 5, page 3, line 20, by inserting after "CITY" or local taxing authority Amend Sec. 5, page 3, line 23, by striking out "is" and inserting and local taxing authorities in a county of the second class are Amend Sec. 5, page 3, line 23, by inserting after "ordinances" or resolutions Amend Sec. 5, page 3, line 25, by inserting after "body" and local taxing authorities Amend Sec. 5, page 3, line 26, by inserting after "ordinance" or resolution Amend Sec. 5, page 3, line 27, by inserting after "ordinance" or resolution Amend Sec. 6, page 4, line 16, by inserting after "BODY" or local taxing authorities Amend Sec. 7, page 4, line 23, by striking out all of said line and inserting This act shall take effect as follows:

31 LEGISLATIVE JOURNAL-HOUSE (1) The provisions of this act relating to counties of the Dawida Kosinski Rieger IN~s, second class shall take effect January 1, Deal Kukovich Robbins Speaker (2) The remainder of this act shall take effect immedi- Dietz LangtrY ately. NAYS-5 I Baldwin Donatucci Lucyk Showers Belfanti NOT VOTING-0 The SPEAKER. On the amendment, the Chair recognizes the gentleman from Allegheny, Mr. Murphy. Mr. MURPHY. Thank you, Mr. Speaker. Cappabianca Cannon Letterman Petrone Mr. Speaker, my amendment puts into SB 1182 Allegheny DeWeese Lashinger Perzel Serafini County. As you might remember, in 1984 the voters of Penn- The question was determined in the affirmative, and the sylvania approved a constitutional amendment permitting amendments were agreed to. counties of the Fist and second class to establish tax provisions for long-term owner-occupants of neighborhoods where the real estate values have markedly increased. Presently SB Will the House agree to the bill on third consideration as 1182 deals with just Philadelphia. This would also make it amended? applicable to Allegheny County. Mr. FREIND offered the following amendments No. I urge your approval. Thank you. A4750: The following roll call was recorded: Acosta Afflerbach Angstadt Argall MY Barber Barley Battisto Belardi Birmelin Black Blaum Bwk Bortner Bowley Bowser Boyes Brandt Broujos Bud Burd Bums Bush Caltagirone Carlson Cam Cawley Cessar Chadwick Cimini Civera Clark Clymer Cohen Colafella Cole Cordisco Cornell Coslett Cowell cov Dininni Distler Dombrowski Dorr Duffy Durham Evans Fargo Fattah Fee Fischer Flick Foster Fox Freeman Freind Fryer Gallagher Gallen Gamble Geist George Gladeck Godshall Greenwood Gruitza GNPP~ Hagarty Haluska Harper Hasay Hayes Herman Hershey Honaman Howlett Hutchinsan Itkin Jackson Jarolin Johnson YEAS-188 Laughlin Lescovitr Levdansky Linton Livengwd Lloyd McCall McClatchy McHale McVerry Mackowski Maiale Manderino Manmiller Markosek Mayemik Merry Michlovic Micorrie Miller Moehlmann Morris Mowery Mrkonic Murphy Nahill Noye O'Brien O'Donnell Olasz Oliver Petrarca Phillips Piccola Pievsky Pistella Pitts POtt Pressmann Preston Punt Roebuck Rudy Ryan Rybak Saloom Saurman kh&r khuler Semmel Seventy Sirianni Smith, B. Smith. L. E. Snyder, D. W. Snyder. G. Staback Stairs Steighner Stevens Stewart Stuban Sweet Swift Taylor, E. 2. Taylor, F. Taylor, J. Telek Tigue Trello Truman Van Horne Veon Vroon Wambach wass Weston Wiggins Wilson wogan Wozniak Wright. D. R. ~eiufa Josephs Raymond right; 1. L. DeVeRer Kasunic Reber Wright, R. C. Daley Kennedy Reinard Yandrisevits Davies Kenney Richardson Amend Sec. 3, page 2, lines 7 through 12, by striking out all of said lines Amend Sec. 4, page 2, line 13, by striking out "4" and insert- I ing? I Amend sic. 5, page 3, line 4, by striking out "5" and inserting 4 Amend Sec. 6, page 3, line 28, by striking out "6" and inserting 5 Amend Sec. 7, page 4, line 22, by striking out "7" and inserting 6 The SPEAKER. On the amendment, the Chair recognizes the gentleman from Delaware, Mr. Freind. Mr. FREIND. Thank you, Mr. Speaker. This amendment in no way affects the gentrification program. It merely removes one section from the bill. The bill as it is written would permit Philadelphia, and now Allegheny County, if they so desired, for continuous longterm residents to defer or exempt a portion or all of the real estate tax increase because of the tremendous escalation in values, and that is fine. But on page 2, between lines 8 and 12, it does something else. It also permits Philadelphia, in this case, even if it does not levy those taxes, to take credit for those taxes for school education money. You know, we had a debate on the floor in June about the economic subsidy, which says that if you tax up to the State median level, your own local tax effort, you get an economic supplement from the State, either 1 percent, 3 percent, 5 percent, or 19 percent of your amount of expenditure. You have to be in the top half of the school district for your local tax effort. Now, it just so happens-an unrelated issue but actually related-that Philly has been below this for the last 4 vears. but we have exemoted them. They are being treated

32 2194 LEGISLATIVE JOURNAL-HOUSE NOVEMBER 19, Unless we pass this amendment, this will only insure that can make any type of even closely rational argument that, A, this is a permanent thing. They will be able to take credit for the amendment needs a fiscal note, and B, there is any way a local tax effort for taxes that they are not levying. All we say fiscal note could be attached. You have got to remember, Mr. is, you can only get credit for the taxes that you levy. Natu- Speaker, this is a "may" bill. We passed the constitutional rally, this impacts upon every other school district, because in amendment to permit it. This is enabling legislation. A, Philafact if they can continue to do that, it is more money for them delphia and now Allegheny County have to decide whether or and less money for you. not they are even going to utilize the bill, number one. B, they DO not confuse this with "clean and green," which we did a have to determine, if they are going to utilize it, are they going couple of years ago. It is a totally different issue. "Clean and to defer or are they going to exempt? C, if they are going to green" only benefits the homeowner and permits the farmer, defer or exempt, by how much? The permutations are absoas long as he is using it for farm purposes, to pay taxes at a lutely endless. Then it would not even be relevant unless and lower rate. The school district cannot claim additional taxes until we change the education law right now to take away the that they did not tax under this to get more money from the sacred-cow status that we gave to Philly 4 years ago and say State. that they have to earn their economic supplement. This is absolutely equitable. It will not affect the program Now, I have a lot of faith in Max Pievsky and his commitin either Philadelphia or Allegheny County one little bit but tee, but in fact, if they can come up with a fiscal note on this will just make certain that they cannot use imaginary money, issue, he is wasting time in this legislature; he ought to go on taxes that they never levied, to raise their effort so that they the road and make himself a fortune as Houdini No. 2. can receive the economic supplement. I urge your support for Now, come on, Mr. Speaker, if you are against the issue, this amendment, Mr. Speaker. Thank you. fight it out on the floor, but, please, do not play games with a fallacious argument that, A, it needs a fiscal note, and B, you Bucks, Mr. Burns, on the amendment. could ever prepare one. Mr. BURNS. Mr. Speaker, I have to agree with my friend The SPEAKER. Mr. Pievsky? and colleague, Steve Freind. I totally agree with the intent of (Conference held at Speaker's podium.) this bill. It is a good bill, except for the section that was out in by the Urban Affairs committee of the H ~ I ~ ~ ~ The. SPEAKER. The conference at sidebar has agreed that that happened, it raised the problem that city officials could put down figures or put up figures that can never be checked by the Department of Education. The department will tell you this; I think the sponsors of the bill will tell you this. ~h~~~ is no way that anybody in the State can ever check those figures, and I think that is bad. And it also allows the city officials to go ahead and not levy taxes on properties which in some cases may he absolutely just and deserved, but on the other hand they never have to worry about what the effect will be of their actions as far as State moneys are concerned. I think that is wrong. Although I would like to see this bill enacted, I would like to see it enacted without that particular section, because I think that particular section is going to come back and haunt us in the future. Thank you, Mr. Speaker. The SPEAKER. The Chair recognizes the from Philadelphia, Mr. Pievsky, on the amendment. Mr. PIEVSKY. Thank you, Mr. Speaker. Mr. Speaker, it has been brought to my attention that M ~. Freind's amendment does have some fiscal implications, and I "0 fiscal note is required at this time. The Chair recognizes the majority whip. Mr. O'DONNELL. Mr. Speaker, the thrust of Representative Freind's argument is that taxes which are deferred are taxes that are not levied. That deferral must necessarily take the form of an enforceable judgment against the taxpayer. The question is, is that really an obligation in Pennsylvania? The answer is obviously yes. If you have an obligation which YOU admit to and which is enforceable as a lien and a judgment, that is a tax that is levied. The cash flow is different from the obligation. If you defer the payment of people's taxes, that does not relieve them from the obligation to pay the taxes. A tax deferred is still a tax levied if it is secured by a lien. Now, this bill does definitely admit to two possibilities. There can be an exemption scheme or there can be a deferral scheme. If it is an exemption scheme, then Mr. Freind's amendment would appear, or at least his argument would appear, to have some merit. But if it is a deferral scheme, his argument is without merit. would ask that a fiscal note be prepared for M ~. ~ ~ ~ i The ~ amendment d ' ~ was crafted in such a way as to avoid that amendment. legal difficulty. Why? Because a politically sound argument is The SPEAKER. Mr. Freind, the amendment may not go not the same as a rational argument. Mr. Freind's appeal is in forward if a fiscal note is indeed required, and of course, we the nature of politics, but since he talks about the logical rely on the expertise of the chairman of the Appropriations rigors of arguments and asks one to be made, I make the fol- Committee as to whether or not a fiscal note is needed. lowing: The opportunity is here for Allegheny and Philadel- The chair recognizes the gentleman from ~ ~ M~, phia l Counties, ~ per constitutional ~ ~ amendment, ~ to enact, either Freind. an exemption or a deferral program. A deferral program still Mr. FREIND. Mr. Speaker, I, like everyone else, have a involves the taxes to be levied, and accordingly, I would urge sense of humor, but there is no way in the world that anyone YOU to vote against Mr. Freind's amendment.

33 LEGISLATIVE JOURNAL-HOUSE Allegheny, Mr. Murphy. Mr. MURPHY. Mr. Speaker, I rise to oppose Mr. Freind's amendment. Mr. Freind's amendment, as the previous speaker alluded to, I believe will be without merit, because it is my belief that municipalities will in fact put liens on property. Those liens are in fact a deferral of the tax responsibility. It is not an elimination of them, and for that reason and for the reason that some of the areas of the first-class and secondclass counties that this affects also continue to he in desperate need of funds, I would ask that you oppose Mr. Freind's amendment. Thank you. Allegheny, Mr. Dawida. Mr. DAWIDA. Mr. Speaker, this amendment should be opposed. Simply this, the Philadelphia hashing which some people believe is behind this is fun. 1 sometimes engage in it myself. 1 represent some boroughs and small townships outside of Pittsburgh that are fond of bashing Philadelphia. That is not the issue here. If you want to deal with that in another hill, fine. The reality of it is this: This is a piece of legislation to help those areas where gentrification is a very real problem for the older people who live in some communities, sometimes small communities. It is not just a Philadelphia issue. It deals with towns like Homestead, Munhall, places that I represent as well; small towns where people have lived there all their lives. The reality of this amendment is that it will kill the hill. The reality of this amendment is that it has nothing to do with this issue. I would appreciate a "no" vote out of fairness to the older people in the neighborhoods that this hill will try to help. It has nothing to do with hashing Philadelphia in. Please vote no. The SPEAKER. On the amendment, the Chair recognizes the gentleman from Philadelphia, Mr. Richardson. Mr. RICHARDSON. Mr. Speaker, I rise to oppose the amendment. As chairman of the Urban Affairs Committee, let me cite to you that we have had an opportunity to travel across this Commonwealth to many particular spots and cities that are considered to he microcosms of what has happened over the past several years. We are witnessing at this particular point in time in our lives an erosion and also an exodus, if you will, of many of the individual persons who live within small cities, and what we find is that in our towns they have put together something called gentrification. 1 do not know how and why we always wind up in a situation where Mr. Freind finds it necessary to come up with something that is going to offset that which has been worked on and so many people have put so much time and effort into it. There have been battles hack and forth, but we have not seen any effort at all coming forth from the speaker in relationship to this issue that has been in front of us for a long period of time. We certainly believe that if there is hope and a chance for the concern that he raises, he should put it in a separate bill but not to confuse it and cloud those who have fought so hard to try to work out the best language through the city and also through other cities and towns and boroughs who also have agreed very strongly with this concept. When you gentrificate in areas and communities where others are not allowed the opportunity to be able to deal with the getting of housing and being able to get the kinds of property values recognized in their particular community, we hurt the little people. This bill is designed to try to help all kinds of little people throughout not only the city of Philadelphia hut now in Allegheny County, and we would ask for a negative vote on the Freind amendment. York, Mr. Foster. Mr. FOSTER. Thank you, Mr. Speaker. Yesterday I expected to take the microphone to oppose the Freind amendment, because I thoroughly support the hill and its efforts to deal with the gentrification problem, and I looked at the legislation as being akin to the "clean and green" legislation, which allows us to give lower assessments to farmland and open land throughout the Commonwealth, giving those people a lower assessment and lower taxes than they would normally pay. I intended to take the microphone to oppose the Freind amendment on the basis of what is fair for the rest of the State is fair for Philadelphia. Today I am taking the microphone with exactly that concept -what is fair for the rest of the State is fair for Philadelphia - because I have found in the interim that there is not the congruency between "clean and green" that I expected that there would be in this bill; that indeed when taxes are lowered, the school districts in our area do in fact lose revenue through that process. Therefore, I think that we must accept the Freind amendment today in order to be in step with the rest of the State, and I arrived at this change of thought after research over the noon hour. With that being the case, I would urge my colleagues to adopt the Freind amendment. the question recurring, The call was YEAS-1 14 Angstadt Davies Hutchinson Robbins Argall Dietz Jackson Rudy Any Dininni Johnson Ryan Baldwin Distler Kennedy Rybak Barley Dorr Langtry Saloom Belardi Durham Lescovitz Saurman Belfanti Farga Livengood Scheetz Bi'melin Fischer Lloyd Schuler Black Flick Lucyk Semmel Book Foster McClatchy Showers Bowley Fax McHale Sirianni BOwSer Freeman Mackowski Smith, B. Boyes Freind Manmiller Smith, L. E. Fryer Merry Snyder, D. W. Bunt Gallen Micozzie Snyder, G. Geist Miller Staback Burns George Moehlmann Stairs Bush Gladeck Morris Stevens Carlson Godshall Nahill Swift Cawley Greenwood Noye Taylor, E. Z. Chadwick Gruitza Phillips Telek Cimini G~~PPO Piccola Tigue Civera Hagarty Pitts Vraon

34 ~ -~. ~ ~ LEGISLATIVE JOURNAL-HOUSE NOVEMBER 19, Clymer Haluska Pressmann Wambach Colafella Hasay Punt Wass Cordisco Hayes Raymond Wilson Comell Herman Reber Wright, J. L. Coslett Hershey Reinard Wright, R. C. DeVerter Honaman Acasta Barber Battisto Blaum Bonner Broujos Caltaone cam cessar Clark Cahen Cole cowell COY DelUca Daley Dawida Deal Dombrowski - Donatucci ~~~ Afflerbach Duffy Evans Fattah Fee Calldgher Gamble Harper Howlett ltkin Jarolin Josephs Kasunic Kenney Kosinski Kukonch Laughlin Levdansky Linton McCall McVerrv ~~ Seventy Maiale Manderino Markosek Mayemik Michlovic Mowery Mrkonic Murphy O'Brien 0' Donnell Olasz Oliver Petrarca Pievsky Pistella POtt Preston Richardson Rieger Roebuck ~~~~~-~~~ NOT VOTING-2 EXCUSED-8 Steighner Stewart Stuban Sweet Taylor, F. Taylor, I. Trello Truman Van Home Veon Weston Wiggins wogan Wozniak Wright, D. R. Yandrisevits Irvis, Speaker Cappabianca Cannon Letterman Petrone DeWeae Lashinger Perzel Serafini The question was determined in the affirmative, and the amendments were agreed to. 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 different 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. YEAS-187 Acosta Dietz Lan~try Rieger Angstadt Dininni Laughlin Robbins Argall Distler Lescovitz Roebuck Anv Dombrowski Levdansky Rudv ~aldwin Donatucci Linton Barber Barley Battisto Belardi Dorr Duffy Durham Evans Livengood Lloyd Lucyk McCall Belfanti Fargo McClatchy Birmelin Fee McHale Black Blaum Book Bonner Bowlev Fischer Kick Foster Fox Freeman McVerry Mackowski Maiale Manderino Manmiller RY& Rybak Saloom Saurman Scheetz Schuler Seventy Showers Sirianni Smith, B. Smith, L. Snvder. C BOW& Freind Markosek tib back Boyes Fryer Mayernik Stairs Brand1 Gallagher Merry Steighner Broujos Galkn Michlovic Stevens Bunt Gamble Micozzie Stewan Burd Geist Miller Stuban E. Bums Bush Caltagirone Carlson Cam Cawlev ~essa; Chadwick Cimini Civera Clark Clymer Cohen Colafella Cole Cordisco Comell Coslett Cowell COY Deluca DeVerter Daley Davies Dawida Deal George ~~adeck Codshall Gruitla GNPP~ H m v H~US& Harper Hasay Hayes Herman Hershey Honaman Howlett Hutchinson ltkin Jackson Jarolin Johnson Josephs Kasunic Kennedy Kenney Kosinski Kukovich Greenwood Semmel Snyder, D. W NOT VOTING-3 Afflerbach Fattah Sweet EXCUSED-8 Mochlmann Swift Morris Taylor, E. Z. Mowery Taylor, F. Mrkonic Taylor, J. Murphy Telck Nahill Tinue Noye ~Gllo O'Brien Truman O'Donnell Van Horne Olasz Veon Oliver Vroon Pnrarca Wambach Phillips wass Piccola Weston Pievsky Wiggins Pistella Wilson Pitts wogan Pott Wozniak Pressmann Wright, D. R. Preston Wright, J. L. Punt Wright. R. C. Raymond Yandrisevits Reba Reinard IN~s, Richardson Speaker Cappabianca Cannon Letterman Petrone DeWeese Lashinger Perzel Serafini The majority required by the Constitution having voted in the affirmative, the question was determined in the affirmative and the bill passed finally. 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. Why does the gentleman from Indiana, Mr. Wass, rise in place? Mr. WASS. To correct the record. The SPEAKER. The gentleman may proceed. Mr. WASS. Thank you. Mr. Speaker, on concurrence in HB 349 my switch did not function, and I want to be recorded in the negative. The SPEAKER. The gentleman's remarks will be spread upon the record. I VETO OVERRIDE OF HB 843 RECONSIDERED I The SPEAKER. The Chair has before it a reconsideration motion whereby it is moved by the gentleman, Mr. Greenwood, that the vote by which the Governor's veto of HB 843 was passed be reconsidered.

35 ~~~~~~~ ~~-~ ~~ ~~ ~ ~ ~ - The following roll call was recorded: Acosta Angstadt Argall ARY Baldwin Barber Barley Battisto Belardi Belfanti Birmelin Black Blaum Book Bonner Bowley Bowser BOYS Brand1 Broujos Bunt Burd Bums Bush Callaone Carlson Cam Cessar Chadwick Cimini Civera Clark Distler Dombrowski Donatucci Dorr Duffy Durham Evans Fargo Fattah Fee Fischer Flick Foster Fox Freeman Freind Fryer Gallagher Gallen Gamble Geist George Gladeck Godshall Greenwood Gruitza GNPPO Hagay Haluska Harper Hasay Haves YEAS-185 LanEtry Laughlin Lescovitr Levdansky Linton Livengood Lloyd Lucyk McClll McClatchy McHale Mackowski Maiale Manderino Manmiller Markosek Mayernik Merry MicNovic Micovie Miller Moehlmann Morris Mowery Mrkonic Murphy Nahill Noye O'Brien O'Donnell Olasr Oliver LEGISLATIVE JOURNAL-HOUSE Roebuck Rudy Ryan Rybak Saloom Saurman Schuler Semmel Seventy Showers Sirianni Smith, B. Smith. L. E. Snyder, D. W. Snyder. G. Staback Stairs Steighner Stevens Stewm Stuban Sweet Swift Taylor, E. Z... Tavlor. F. Taylor. 1. Telek Tigue Trello Truman Van Home Veon Clymer ~eiman Pnrarca Vroon Cole Hershey Phillips Wambach Cordisco Honaman Piccola Wass Comell Howlett Pievsky Weston Coslett Hutchinson Pistella Wiggins Cowell Itkin Pitts Wilson COY Jackson Pressmann Wogan Deluca Jarolin Preston Wrizht. D. R DeVerter Johnson Punt wriiht; I. L. Daley losephs Raymond Wright. R. C. Davies Kasunic Reber Yandrisevits Dawida Kennedy Reinard Deal Kenney Richardson Irvis, Dietz Kosinski Rieger Speaker Dininni Kukovich Robbins NAYS-0 NOT VOTING-8 Afflerbach Cohen McVerry Scheetz Cawley Colafella Pot1 Wozniak EXCUSED-8 Cappabianca Cannon Letterman Petrone DeWeese Lashinger Perzel Serafini The question was determined in the affirmative, and the motion was agreed to. Shall the bill become law, the objections of the Governor to the contrary notwithstanding? The SPEAKER. On that question, the Chair recognizes the gentleman from Luzerne, Mr. Blaum. Mr. BLAUM. Mr. Speaker, I do not have anything to say yet. Delaware, Mr. Civera. Mr. CIVERA. Mr. Speaker, 1 would wish the House would concur with Representative Blaum and that we override the Governor's veto. Thank you. PARLIAMENTARY INQUIRY Crawford, Mr. Merry. Mr. MERRY. Parliamentary inquiry, Mr. Speaker. As we consider this, would you point out the number of votes that it takes to pass it before we vote on it? The SPEAKER. Yes; 134. Normally 136, but on the current constitution of the House, 134. Mr. MERRY. Thank you, sir. Bucks, Mr. Greenwood. Mr. GREENWOOD. Thank you, Mr. Speaker. I do not think we need to repeat all of the arguments that were made yesterday. I think the House needs to be reminded that this is a prochoice versus prolife issue. I think it is far more than that. I think it is a question of whether or not in the name of that debate we are going to create an absurd system of harassment that will surely once again be thrown out in the court. I would ask the House to sustain the Governor's veto, and, Mr. Speaker, I would also ask that you only permit those who are in their seats to vote in this case. Thank you. The SPEAKER. The Chair would ask that the floor leaders I check the seats. and ~~~~~ if there is anv reason for auestionin~ a vote, to advise the Chair. Now the Chair recognizes the gentleman from Philadelphia, Mr. Richardson. Mr. RICHARDSON. Mr. Speaker, yesterday we rose to share the concerns based on the same arguments that have already been raised and also the same similar points that have already been raised, definitely as it deals with prochoice. MY concern and contention is that when you begin to mix these issues together when they are two separate and direct and distinct issues, you confuse the Pennsylvania public with respect to how we should proceed. I raise this as we did yesterday as a point that needs to be looked at. But in addition to that, this afternoon I would like to ask the gentleman if he would consent to a brief form of interrogation. The SPEAKER. Which gentleman? Mr. RICHARDSON. The prime sponsor of the bill. I am sorry. The SPEAKER. Mr. Blaum? Mr. Blaum indicates he will stand for interrogation. You may proceed, Mr. Richardson. Mr. RICHARDSON. Thank you, Mr. Speaker. Mr. Speaker, there are many who would raise the question to the fact as to whether or not a juvenile who is in fact drink-

36 2198 LEGISLATIVE JOURNAL-HOUSE NOVEMBER 19, ing on a porch, who does not or is not driving a vehicle, is in fact at this point subject to having his or her license taken away. There are some who have felt that perhaps maybe there is an error that has been drawn in this bill that does not deal with drunk-driving teenagers but also those teenagers who in fact are just maybe a part of a group who may be sitting on a porch and could be stopped by the police and asked for their driver's license. Mr. BLAUM. Yes, Mr. Speaker. Right now in the law, the underage drinking laws of Pennsylvania, it is against the law to attempt to purchase alcohol, to purchase it, to consume it, to transport it, or to possess it. We have not changed that. If HB 843 passes, it is still against the law to attempt to purchase, to purchase, to consume, to transport or possess alcoholic beverages. All we are doing is changing the penalties. And, yes, the penalty for underage drinking, if HB 843 passes, is the fines remain the same, anywhere from $25 to $300-a magistrate makes that determination-but it would be mandatory that the juvenile forfeit his license for a period of 90 days. Whether they are drinking out in a field 20 miles from the nearest car, they would forfeit their driver's license. Over in the Senate there was debate about, my God, what about when we give our kid a glass of wine at Christmastime? Obviously we do not have police and district attorneys breaking into people's homes at Christmastime. That is not one of the things that in any way we are after at any holiday; that is not one of the things that we are after. And because of that argument, we compromised on a very important part of the bill, the people who knowingly and intentionally sell or furnish alcoholic beverages to minors. We have compromised on HB 843 from the beginning of this thing in order to get the bill this far. One thing we cannot compromise on is that the suspension must be mandatory; it must be in all cases of underage drinking, because only a tiny infinitesimal fraction of underage drinkers are ever caught. The number of kids this is going to apply to is a tiny fraction of those who are actually indulging in the consumption of alcohol. What we are trying to do is to establish in law a deterrent, a banner, a sign on the wall that hopefully will make those under 21 just think twice. HB 843 is not going to eliminate underage drinking in Pennsylvania or anywhere else. All we are hoping is that it makes a dent in the problem. All we are hoping is that if 5 or 10 kids in a high school lose their license, then the rest of the student body may begin to think differently about consuming alcohol. Does it apply to the person on the porch? Absolutely. It applies to the people out in the field; it applies to anybody who attempts to purchase, purchases, consumes, transports, or possesses alcoholic beverages. That is the law today. Today it is against the law to drink on a porch. It is against the law today and it will be against the law if HB 843 passes, Mr. Speaker. Mr. RICHARDSON. Thank you very much, Mr. Speaker. The gentleman has answered the question. I would like to be recognized to speak on the bill. The SPEAKER. You may now speak. Mr. RICHARDSON. Thank you very much, Mr. Speaker. Mr. Speaker, it is just what I thought. I think that the gentleman has stated his case quite well. The only problem is that I think that we have put ourselves in a position of now making a discriminatory law, my point being that you cannot say that we already have a present law that would violate the rights of those teenagers and say that those individual teenagers who are on the porch, when in fact there is no test that has been given to prove whether or not that child is in fact intoxicated or not intoxicated, and I am concerned with the fact that we are now invoking our rights now in another part of the law that does not deal with the issue that is at hand. Not to get into a debate today about that, but the point is that I think there are some major concerns that have been raised that I feel need to be looked at, along with the reason why I feel that both of these issues should not be jelled together. I would ask for a "no" on the override that would sustain the Governor's veto and that we allow these issues to he separated and to give our women a right in this Commonwealth to have freedom of choice. Thank you very much, Mr. Speaker. PARLIAMENTARY INQUIRY Berks, Mr. Davies. Mr. DAVIES. Mr. Speaker, parliamentary inquiry. The SPEAKER. What is the gentleman's parliamentary inquiry? Mr. DAVIES. Mr. Speaker, is it possible to interrogate every member of the House with one question instead of one individual member at a time? The SPEAKER. Highly creative and certainly possible, but the Chair would not advise it. If the gentleman wishes to state a-i was about to say "hypothetical," but I do not think we could even use that. I think the gentleman may have to rely on making a statement which may end as a question rather than trying to interrogate each member. Mr. DAVIES. Mr. Speaker, I will make this statement then: The question would have been something relative to how many of those members at one time or another, if this law was law when they were at a certain age of minority, have placed their own driving privileges in jeopardy. Thank you, Mr. Speaker. The SPEAKER. Well, the Chair will not attempt to answer for anyone else, but the Chair will guarantee that the Chair never has, inasmuch as the Chair has never had a drink of any hard liquor in his life, so I never put mine there. I would hesitate to answer for a number of the Chair's friends, however. The Chair recognizes the lady from Philadelphia, Mrs. Harper. Mrs. HARPER. Thank you, Mr. Speaker. I rise again today to ask the members to sustain the Governor's veto. The Governor made a wise decision in vetoing this twofold piece of legislation. This legislation is like peaches

37 1986 LEGISLATIVE JOURNAL-HOUSE 2199 and peanuts, and it is just another way to harass women, to try to deny women the right to choose and to deny women the right to certificate of need. Let us sustain the Governor's veto and stop these men from trying to harass women. PARLIAMENTARY INQUIRY Montgomery, Mr. Reber. Mr. REBER. Mr. Speaker, I have a point of parliamentary inquiry. The SPEAKER. What is the gentleman's point? Mr. REBER. Mr. Speaker, would it be appropriate to raise the question of constitutionality to this House bill in light of the fact that we are taking a vote on a veto override, and could I supplement that statement by saying that the reason for this request is predicated upon what I feel are a number of constitutional infringenlents that are pointed out in the veto message of the Governor and should be brought before this body for determination at this time prior to a final vote. The SPEAKER. Mr. Reber, after doing very quick research, it is the opinion of the Chair that it would be not only irregular but not permitted to raise a question of constitutionality. The only thing before us now is the approval or disapproval of the veto of the Governor. If, however, in arguing whether or not we should vote "aye" or "nay" you wish to discuss the Governor's constitutional arguments, the Chair would hold that you would be in order. Mr. REBER. Mr. Speaker, could I please speak on the bill briefly? The SPEAKER. The Chair recognizes the gentleman, Mr. Reber. Mr. REBER. Thank you very much, Mr. Speaker. Mr. Speaker, 1 spoke on this particular issue yesterday, but I do not believe the example given was as good an example as should be given. I commend each and every one of you to take into consideration the denial of equal protection that we are giving by passing legislation such as this, and the situation I think that we are creating is very harmful. I think you should be aware of the fact that, under the current legislation that we are now considering, an individual who has absolutely no relationship whatsoever to driving is going to be stigmatized. I would point out very briefly to each member that what we are doing in this legislation the way it is presently drafted is, in essence, casting a suspect class, and that suspect class is being cast in such a light to perform what is known under the equal protection clause of the 14th amendment as an invidious type of discrimination. That is being brought about very simply due to the fact that if you are 21 years of age or older and in some way, shape, or form are convicted of some particular type of Liquor Code violation, you as an adult will not also mandatorily have your license suspended, but under this bill, even though you are a juvenile but yet convicted of certain crimes under the Liquor Control Board, as pan and parcel of that particular sentence, you are also having your license mandatorily suspended, even though there is absolutely no relationship whatsoever, not one iota, not one scintilla of rational evidence to connect your particular Liquor Code violation with driving or operating or, for that matter, even being within 100 miles of an automobile. So, in essence, what you are doing is taking individuals under the age of 21 and tacking onto them an excess mandatory penalty not at all or necessarily related to the particular crime involved. I think the process is blatantly unconstitutional. I think it is blatantly a position that the courts have stricken down in the past, and I think the striking down in the past will continue. I think we should be aware of that. I think the legislation should be tempered, should be tempered in a fashion to make this in relationship to a driving offense and a driving offense only. For that reason I would sustain the Governor's veto. Thank you, Mr. Speaker. The SPEAKER. The Chair recognizes the lady from Philadelphia, Ms. Josephs. Ms. JOSEPHS. Thank you, Mr. Speaker. I just wanted to ask again that those who are not in their seats not be voted. Thank you. Delaware, Mr. Civera, for the second time on the question. Mr. CIVERA. Mr. Speaker, I would just like to point out to the House some of the previous remarks. The underage drinking bill does address driving privileges, but let us talk about the situation and the epidemic which is going on throughout this Commonwealth and throughout this United States - the epidemic where a person gets a Pennsylvania driver's license or any other driver's license in America and falsifies it and lets those people believe that he or she is 21 years of age. That is what the problem is and that is what is going on in the Commonwealth of Pennsylvania today. Now, each and every one of us can look in our districts and we can look at the time of the spring of the year with the proms at the different high schools and the accidents that occur because of drunken driving of teenagers. We did not just take this bill out of the air and want to sock it to juveniles or discriminate against juveniles. What we want to do with juveniles and our younger people is save their lives. This is an essential situation. This is a situation where th'is General Assembly has to make itself responsible to the people whom it represents. We have an epidemic problem in this Commonwealth on underage drinking, and there is no other deterrent that we can use other than taking away his or her driver's license to make that young person understand that we in the Commonwealth do not want this to happen. Now, I beg the members of this Assembly to override the Governor's veto. This is something that we need in the Commonwealth of Pennsylvania. This vote is saving people's lives. It is not something in which we are discriminating or is a constitutional right. We had addressed all these issues in committee. Please listen to what I say and please vote to override the Governor's veto. Thank you.

38 2200 LEGISLATIVE JOURNAL-HOUSE NOVEMBER 19, Mr. BLAUM. Mr. Speaker? The SPEAKER. Mr. Freind has not spoken for the first time; we will come back to you, Mr. Blaum. Mr. Freind. Do you wish to speak before Mr. Freind, Mr. Blaum? Mr. BLAUM. Yes, Mr. Speaker. Luzerne, Mr. Blaum. Mr. BLAUM. Mr. Speaker, I would just like to make a statement, and then I have a parliamentary inquiry to make. I was not even going to speak today, but early this morning some members came to me that there is, unbelievably so, a gentleman from the Department of Transportation who is informing members that suspending a driver's license would in some way harm the insurance rates of our teenagers. That problem was raised by two Senators when HB 843 was over in the Senate, and Senator Shumaker's office worked closely with the Department of Transportation that that is not the case, that it is not a moving violation; in fact, it would not even he treated as one and would not go on the list that supposedly the insurance companies ask for. I was quite offended that such a thing was going on this morning. A very nice gentleman who is a legislative liaison for the Department of Transportation and helps many of us I think was ordered to do so at the eleventh hour, and I resented that. The second thing is that we are not the only State that has this. The Superior Court of New Jersey upheld the very constitutional fact of taking a driver's license for an offense which happens and occurs nowhere near an automobile. PARLIAMENTARY INQUIRY Mr. BLAUM. Having said that, Mr. Speaker, today we have to count to 134, and at this moment I cannot count to 134; therefore, I would like to know what motion I would make so that we would postpone this vote until Monday. The SPEAKER. If the gentleman, Mr. Blaum, wishes, he may make a motion to place the question of the veto override on the postponed calendar. Mr. BLAUM. I so move. The SPEAKER. That motion would require a simple majority on the floor of the House to be sustained. BILL AND VETO MESSAGE PLACED ON POSTPONED CALENDAR Mr. BLAUM. Mr. Speaker, I make that motion. The SPEAKER. Moved by the gentleman, Mr. Blaum, that the veto message of the Governor concerning HB 843 be placed on the postponed calendar. The SPEAKER. Mr. Greenwood, do you wish to speak to the motion? The Chair recognizes the gentleman from Bucks, Mr. Greenwood. Mr. GREENWOOD. Very briefly, Mr. Speaker, I think we ought to get this issue behind us. I think we ought to deal with it today. We have a busy schedule next week, and I suggest that we vote now. The SPEAKER. Those who wish to place the veto message on the postponed calendar will vote "aye"; those who do not will vote "no." The following roll call was recorded: MY Baldwin Barley Battisto Belardi Belfanti Birmelin Blaum Book Bawley Bums Caltagirone Cawley Chadwick Cimini Civera Clark Clymer Cohen Colafella Cole Coslett Cowell COY Deluca Daley Dawida Dietz Distler Dombrowski Donatucci Angstadt Argall Barber Black Bonner Bowser Boyes Brandt Broujos Bunt Burd Bush Carlson Cam Cessar Cordisco Cornell DeVerter Duffy Durham Fee Flick Faster Fox Freind Gallen Gamble George Godshall Gruitza Gruppo Haluska Hasay Herman Hershey Hutchinson Jarolin Kasunic Kennedy Kenney Kosinski Lan8trY Laughlin Lescovitz Levdansky Livengood Lloyd Lucyk Davies Deal Dorr Evans Fargo Fattah Fischer Freeman Fryer Gallagher Geist Gladeck Greenwood Hagany Harper Hayes Honaman ltkin NOT YEAS-119 McCall McClatchy McHale McVerry Mackowski Maiale Manderino Markosek Mayesnik Micozzie Morris Mrkonic Murphy O'Brien Olasz Petrarca Phillips Pievsky Pistella Pitts Raymond Reinard Rieger Robbins Roebuck Ryan Rybak Saurman Scheetz Seventy NAYS-70 Jackson Johnson Josephs Kukovich Linton Manmiller Mew Michlovic Miller Moehlmann Mowery Nahill Noye O'Donnell Oliver Piccola Pott VOTING-4 Showers Snyder, G. Staback Steighner Stevens Stewan Stuban Taylor. E. Z. Taylor, F. Taylor, J. Telek Tigue Trello Truman Van Horne Veon Vrwn Wambach Wass Weston Wilson wogan Wozniak Wright. D. R. Wright, 1. L. Wright, R. C. Yandrisevits Irvis. Speaker Pressmann Preston Punt Reber Richardson Rudy Saloom Schuler Semmel Sirianni Smith, B. Smith, L. E. Snyder, D. W Stairs Sweet Swift Wians Acosta Afflerbach Dininni Howlett