Tt - PA General · PDF file9P * d d* Tt f FRIDAY, AUGUST 12,1977 Session of 1977 161st of the...

COMMONWEALTH OF PENNSnVANIA

9P * d d * Tt f

FRIDAY, AUGUST 12,1977

Session of 1977 161st of the

HOUSE OF REPRESENTATIVES The House convened at 1 p.m., e.d.t.

Friday. August 12,1977

THE SPEAKER (K. LEROY IRVIS) IN THE CHAIR

PRAYER The REVEREND DOCTOR DAVID R. HOOVER, chaplain of

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

Most Loving Father, we look to Thee in this afternoon hour with the fullest realization that this is Thy world and we are children of Thine. We know that as the highest of Thy creation Thou dost expect that we will show forth the power of Thy might and the truth of Thy word in our daily life and conversa. tion. In order to do this, 0 God, we need the help and strength of Thy presence and guidance. Therefore, we pray that Thou wilt look with favor upon these stewards of Thine, keep them in the hollow of Thy hand, protect them against the allurements and enticements around us, and challenge them to be produc. tive of n i n e , In Thy blest name and for ~h~ sake, we gratefully pray. Amen.

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

for Thursday, August 11, 1977, will be postponed until printed.

HOUSE BILLS INTRODUCED AND REFERRED TO COMMITTEES

NO. 1596 By Messrs. HASAY. STUBAN, MACKOWSKI, WEIDNER, LEVI, HELFRICK, DAVIES, FREIND, BURD, LYNCH, ZEARFOSS, SPITZ, MILLER and MILLIRON

An Act amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, further providing for the exemption from registration fees for vehicles registered to certain persons.

Referred to Committee on Transportation.

No. 1597 By Messrs. GOEBEL, RHODES, PICCOLA, YOHN, HALVERSON, GREENLEAF, BROWN, MRKONIC, REED and POTT

A Joint Resolution proposing amendments to the Consti- tution of the Commonwealth of Pennsylvania, providing for a

General Assembly Vol. 1, No. 76

unicameral ~ e g i s ~ a t u r e and providing for the powers and duties of a unicameral Legislature.

Referred to Committee on State Government.

1598 By Messrs. BERSON, SC1R1CA3 RAPPAPORT and YOHN

An Act consolidating, revising and amending the divorce and annulment laws of the Commonwealth of Pennsylvania and making certain repeals.

Referred to Committee on Judiciary,

No. 1599 By Messrs. BERSON, SCIRICA. RAPPAPORT, O'DONNELL and YOHN

An Act amending the "Mental Health Procedures Act," approved July 9, 1976 (P. L. 817, No. 1431, further providing for certaln persons undergoing involuntary treatment.

Referred to Committee on Health and Welfare.

ANNOUNCEMENTS MASTER ROLL DELAYED

The ~ X A K E R . The Chair is about to reco~nize for purposes of au announcement of meetings various members, hut there will he no master roll taken until 3 p.m. At 3 p.m., there will he business transacted on the floor of the House requiring your vote. At 3 p.m. a master roll will be taken and there will be business transacted on the floor of the House requiring your vote. The House will he declared shortly in recess until 3 p.m.

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

Philadelphia, Mr. Pievsky. Mr. PIEVSKY. Mr. Speaker, immediately upon the call of the

recess, there will be an Appropriations Committee meeting in the Appropriations committee room,

Thank you, Speaker,

RECESS ~ h , SPEAKER, ~h~ H~~~~ will now stand in recess until 3

p.m.

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

order.

NO DEMOCRATIC CAUCUS The SPEAKER. The Chair wishes to announce that for the

2336 LEGISLATIW JOURNAL-HOUSE August 12,

Democratic Party there will br no need of a caucus. You can interpret tha t any way you wish.

However. wc shall he on the floor of the House taking up votes a t 4:30 p.m.

Does the gentleman. Mr. Hayes, wish to announce a Repub- lican Caucus'?

MASTER ROLL CALL RECORDED The SPEAKER. The Chair announces that the Speaker is

to take the master roll call, Only those ,,hysi. cally present are to be recorded on the master roll.

The following roll call was recorded:

REPUBLICAN CAUCUS Mr. S. E. HAYES. Mr. Speaker, we will have a very brief

Republican Caucus in anticipation of what will happen a t 4 ~ 3 0 . I t will happen ;it 4::10, will i t not?

The SPEAKEH. Well, wc can all pray. Mr. S . E. HAYES. I hear the chaplain quit. No pay; no pray. The SPEAKER. That is what really shook us up when he said

that . For the edification of the House, my wife came up to picket

the place today.

YEAS-196

Ahraham Gallagher Manmiller Scanlon Gallen MeCall Scheaffer

Armstrong Gamhle MeClatehy Schmitt Arthurs Garzia McGinnis Schweder Harbpr Gatski Mclntyre Scirica Bellomini Geesey McLane Seltzer Beloff Geisler Mehus Shelton Bennett George. C. Meluskey Shuman Berlin George. M. Milanovich Shupnik Bersan Giammarco Miller Sirianni Bittinper Gillettp Milliron Smith, E. Rittie Gleeson Miscevich Smith, L. Borski Croehpl Moehlmann Soencer

BILL REREPORTED FROM COMMITTEE SB 250, PN 1271 (Amended) By Mr. PIEVSKY

~ ~~~~

Brandt Gwdman Morris ~ b i t z Bntwn Gray Mowery Stairs Brunn~r Greenfield Mrkonic Stapleton

Greenleaf Mullen. M. P. Stewart Burns Grieco Mullen, M. M. Stuban

An Act making an appropriation to the Pennsylvania Higher Education Assistance Agency for the purpose of making institution assistance grants.

Rereported f r m Committi.e on Appropriations.

ANNOUNCEMENT Honaman Panconst Hopkins Parker Hutchinson, A. Petrarca Hutehinson, W. Picrola Itkin Pievsky Johnson Pitts Jones Polite Kelly Pott Kernick Pratt Klingaman Prendergast Kolter Pyles Kowalyshyn Rappaport Laughlin Ravenstahl Lehr Reed Letterman Renwick Levi Rhodes Lincoln Richardson Livengood Rieper Logue Ritter Lynch Ruggiero Markowski Ryan Madigan Salvatore Mandprino

fiu'cra Halverson Musto Sweet Calta~irone Hamilton Novak Taddonio Caputo Harper Noye Taylor. E. Cassidy Hasay O'Brien, B. Taylor, F. Cessar Haskell O'Brien. D. Tenaglio Cianciulli Hays, D. S. O'Cannell Trello Cimini Hayes, S. E. O'Donnell Valicenti Cohen Helfrick O'Keefe Vroan Cole Hoeffel Oliver Waener

The SPEAKER. The Chair recognizes the gentleman from Lebanon, Mr. Seltzer.

Mr. SELTLEK. Mr. Spe;~ker. i t is the intention of the Repuh- lican Party, when wc come hack and bi,gin the business of the day, to offer a motion to suspend rule 30 for the consideration of HB 1349. That is the general appropriation hill which is before us. Since the bill was amended in the Senate under the rules of this House we cannot offer amendments to Senate amendments unless we suspend rule :30.

I think i t is important tha t the men~bers of this House, RP- publicans and Democrats, if t,hey are interested, have an opportunity to offer their amendments. So. Mr. Speaker, I ask tha t when the Democratic Party caucuses, they caucus on this proposal and we are going to caucus also.

Thank you, Mr. Speaker.

RECESS The SPEAKER. The Chair repeats: At 4:30 p.m. we shall re-

turn to the floor. All members within the sound of the Speaker's voice should he prrpared to register themselves on NOT VOTING-4

Cowpll Davies D~Medio DeVrrter DeWeese IliCarlo nirtz Dininni

Donatucci D,,,.,. Doyle nufry Dumas Englehart FPP FiSrhpr, K. Fisher, n. M. Flaherty Foster, A. Foster, W. Fr~ind Fryer

~ a n s a c z Wargo Wass Weidnrr Wenger White Wiggins Williams Wilson

Wright, D. Wright, J. L. Yahner Yahn Zearfass Zeller Zitterman Zord Zwikl

Irvis, Speaker

the master roll a t 4:30 p.m. Katz Knepper Thomas Wilt

There will be important votes taken on this floor hrginning a t 4 3 0 p.m. This House now stands in recess until 4:30 p.m.

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

order.

The SPEAKER. One hundred ninety-six members having indicated their presence, a master roll is established.

COMMUNICATION FROM GOVERNOR The Secretary to the Governor presented the following com-

1977. LEGISLATIVE JOURNAL-HOUSE 2337

munication from the Governor: APPROVALS OF HOUSE BILLS Nos. :355,716 and 1128.

Commonwealth of Pennsylvania G ~ ~ ~ ~ ~ ~ ~ ' ~ office, ~ ~ ~ ~ j ~ b ~ ~ ~

August 12,1977.

To the Honorable, the House of Representatives of the Cam- monwealth of Pennsylvania:

1 have the honor to inform you that I have this day approved and signed House hill No. 355, printer's No. 1796, entitled "An Act AMENDING the act of October 22, 1955 (P. L. 721, Nu. 205), entitled 'An act prohibiting operation of boats having a manufacturer's horsepower rating in excess of seven and one- half on Quaker Lake in Susquehanna County,' FURTHER PRO- VIDING FOR THE USE OF BOATS WITH MOTORS."

MILTON J, SHAPP, GOVERNOR

August 12'

To the Honorable, the House of Representatives of the Com- monwealth of Pennsylvania:

August 12, 1977.

To the Honorable, the House of Representatives of the Com- monwealth of Pennsylvania:

Permission has been granted to two photographers, one is Mr. Muoney of the Philadelphia Inquirer and the other is Jane Miller of WHP-TV, to shoot silent pictures, in the case of Mr. Mooney, and to shoot videotape, in the case of Miss Miller, heginning now.

Permission has been granted for Sue Klemens to shoot still photos for up1 during the budget vote on the House floor. That permission will be granted and will be given as of the moment when the 10.mjnute period run,

RECESS DEMOCRATIC CAUCUS

TheSPEAKER. The Chair now declares a recess for the purposes of a Democratic caucus until 5:15 p.m.

Now the declaration of the recess is realistic - 5:15. The Chair would urge every Democrat to he present in that caucus.

~ h , chair recognizes the leader. Mr. BUTERA. Mr. Sneaker. then when we return to the floor.

I have the honor to inform you that I have this day approved and signed House hill No. 716, printer's No. 1358, entitled "An Act authorizing the City of Monessen, Westmoreland County, to convey a right-of-way across certain Project 70 lands in Ros- traver Township, Westmoreland County, to the Duquesne Slag Products Company in exchange for extinguishment of an existing right-of-way."

J'

GOVERNOR

I have the honor to inform you that I have this day approved and signed House hill No. 1128, printer's No. 1813, entitled "An Act amending the act of June 26, 1931 (P. L. 1t379, No. 348). entitled, as amended, 'An act creating in counties of the second A and third class a board for the assessment and revision of taxes; providing for the appointment of the members of such board by the county commissioners; providing for their salaries, payahle by the county; ahol~shing existing hoards; de- fining the powers and duties of such board; regulating the assessment of persons, property, and occupations for county, borough, town, township, school, and poor purposes; authonzmg the appointment of subordinate assessors, a sohc~tor, engi- neers, and clerks; providing for their compensation, payable by such counties; abolishing the office of ward, borough, and township assessors, so far as the making of assessments and valuations fur taxation is concerned; and provid~ng for the ac- ceptance of this act hy cities,' providing for notice and appeal procedures when a county institutes a county wide revision of assessments upon real property."

you going to recognize M ~ . seltzer? The Yes, Mr. BUTERA. I think it is fair to advise the House that Mr.

Seltzer, in moving to suspend the rules, is going to follow up that move with a first amendment, being stopgaps for, I he- lieve, 6 weeks, from August 1 until Spptemher 15.

The SPEAKER. This House now stands in recess until 5:15

MILTON J. SHAPP. GOVERNOR I

FILMING PERMISSION GRANTED The SPEAKER. The Chair wishes to make the following an-

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

der.

THE SPEAKER PRO TEMPORE (LESTER K. FRYER) IN THE CHAIR

LEAVES OF ABSENCE GRANTED The SPEAKER pro tempore. The Chair recognizes the

majority whip. Mr. GREENFIELD. I have no further rcquests for leaves of

absence. The SPEAKER pro tempore. The Chair recognizes the

minority whip. Mr. RYAN. Mr. Speaker, I request leaves of ahsence for

Messrs. KAT7,, WILT and KNEPPEK fur today's sessirm, and for Mr. THOMAS for the week's scssiun.

The SPEAKER pro tempore. Without objection, leaves are granted.

GAVEL RETURNED TO SPEAKER nouncement: The Speaker has given special permission for Boh

The SPEAKER pro tempnre. The Chair at this time returns Mooney of the Philadelphia Inquirer's Sunday Magazine to take still photos on the floor of the House. That permission has heen the gavel to the Speaker.

granted as of now The Cham would suggest that t h ~ members pay attentLon to I THE SPEAKER(K. LEROY IRVlS) IN THE CHAIR

the Speaker's announcement. You may live to regret it if you do The SPEAKER. The Chair thanks the! gentleman for presid- not. ing.

LEGISLATIVE JOURNAL-HOUSE August 12,

SUPPLEMENTAL CALENDAR SENATE MESSAGE

AMENDED HOUSE BILL RETURNED FOR CONCURRENCE

The clerk of the Senate returned HOUSE BILL NO. 1349, with the information that the Senate has passed the same with the following amendments in which concurrence of the House of Representatives is requested:

Amend Title, page 1, lines 1 through 9, by striking out all ol said lines and inserting in lieu thereof the following:

To provide for the expenses of the executive, legislative and judicial departments of the Commonwealth, the public deht and for the public schools for the fiscal period July 1, 1977 to June 30, 1978, and for the payment of bills incurred and remaining unpaid a t the close of the fiscal period ending June 30, 1977.

Amend Bill, page 1, lines 18 through 24, by striking out all of said lines.

Amend Bill. Dare 2. lines 1 through 30. hv striking out all of . . . . . . said lines.

Amend Bill, page 3, lines 1 through 8, by striking out all of said lines and inserting immediately thereafter the following:

Section 1. This act shall be known and may be cited as the "General Appropriation Act of 1977."

Section 2. The following sums, or as much thereof as may be necessary, are hereby specifically appropriated from the general fund to the several hereinafter named agencies of the executive, legislative and judicial departments of the Common- wealth for the payment of the salaries, wages or other compensation and travel expense of the duly elected or appointed officers and employees of the Commonwealth, for payment of fees of contractual services rendered, for the purchase or rental of goods, services, printing. equipment, land and huildings and for payment of any other expenses. as provided by law or by this act, necessary for the proper conduct of the duties, functions and activities and for the purposes hereinafter set forth for the fiscal period beginning July 1. 1977 and for the payment of hills incurred and remaining unpaid a t the close of the fiscal period ending June ;3O, 1977.

1. Executive Department To the Governor

For the salaries. wages and all necessary expenses for the following purposes and activities, including the maintenance of the executive mansion, the expense of entertainment of official guests and members of the gmeral assembly and the judiciary. participation in the Governor's conference, the expenses of the executive board, and for the payment of travelin expenses of ersons other than employees of the ~ommonweayth appointed

!y the Governor to represent or otherwise serve the Common- wealth:

Administration of the Office of the Governor.. . . . . . . . . . . . . . . . . . . . . . . . . $ 2,100,000

For the Governor's share of the expenses of the Commonwealth Compensation Com- . . m~ss lon . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25.000

For allocation by the Governor for vro-

budsman Project. . . . . . . . . . . . . . . . . . . . . 22-1.000 For the administration end oper;~tion of

the Office of Administration. . . . . . . . . . . . ;i.X%1.000 For the drvelapment and impicnlent;~tii~n

of a statewide t!mrrgency t~~lephone system 100.000 For the administration and oper;%tlon of

the Office of State Planning and Llcv~k,p~ ment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (i00.000

For the administratir,n and op~r:\tiiln 01' thr Office of the Hudget. . . . . . . . . . . . . . . . l.(i90.000

For the salaries, wages and all necessary expenses for the proper administration and operation of the Human Relations . . Comm~ssion. . . . . . . . . . . . . . . . . . . . . . . . . 3,710,000

For the conduct of the work of the Pennsylvania Council on the Arts, requtsl- tions to be signed by the Governor . . . . . . . 2,000,000

For the administration and operation of the Pennsylvania Commission for Women 154,000

For the salaries, wages and all necessary expenses for the roper admin~stration and operation of the 8overnor's Energy Council 291,000

To the Lieutenant Governor For the salaries, wages and all necessary

expenses for the proper conduct of the Of- fice of the Lieutenant Governor, including payment of expenses of the residence at the

. . . . . . Edward Martin Military Reservation 250,000 To the Department of the Aud~tor General

For the salaries, wages and all necessary expenses for the proper conduct of the following activities:

Administration of the Department of the Auditor General for auditing annually, periodically or specially, the affatrs of any department, board or commission which are supported out of the general fund and for auditing Justices of the Peace, other fining offices, Volunteer Firemen's Relief Association Funds and the offices of elected state officials. . . . . . . . . . . . . . . . . . . . . . . . 8,903,000

Auditing appropriations for or relating to public assistance including any federal sums supplementing such appropriations. . 2,394,000

Administration of the Board of Arbitra- tion of Claims . . . . . . . . . . . . . . . . . . . . . . . 230,000

To the Treasury Department For the salaries, wages and all necessary expenses for the

proper conduct of the fulluwing purposes and activities: Fur the administration of the Treasury

. . . . . . . . . . . . . . . . . . . . . . . . . Department 4,400,000 For the administrative expenses in dis-

bursing appropriations for or relating to public assistance including any federal sums supplementing such ap ropriations. . 2,302,000

For the administration o f the Board of Finance and Revenue . . . . . . . . . . . . . . . . . 519,000

For the conduct of the work of the commission on interstate cooperation and the traveling expenses of members to be paid in favor of the Chairman or Treasurer of the commission on presentation of his requisition and who shall file an accounting with the Auditor General . . . . . . . . . . . . . . . . . . 30,000

For the support of the council of state governments to be paid to the order of the executive director of the council of state governments who shall file an accounting of such expenses with the Auditor General. 74.000

For the support of the Great Lakes Commission to be paid on requisition of the commissioners who shall file an accounting with the Auditor General . . . . . . . . . . . . . . 20.000

For the National Conference of State Legislature . . . . . . . . . . . . . . . . . . . . . . . . .

For the payment of replacement checks issued in lteu of outstanding checks when

. . . . . . . . . . presented and to adjust errors For the vavment of the dfference

between the interest earned by the moneys in the Agricultural College Land Scrip Fund and in the State College Experiment;~l Farm Fund and the interest gunrnntecd by the Commonaealth of Pmnsylvania to Pmnsyl\,ani;~ State I ln~vr r s~ ty . . . . . . . . . . 13.000

For publishing statements of the General Fund and other funds of the Conlmon-

LEGISLAnVE JOURNAL-HOUSE

wealth . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17,000 For the compensation of the Commun-

wealth's loan and transfer agent for serw ices and expenses in connection with the registration, transfer and payment of interest on bonds of the Commonwealth and other services required to he performed hy the loan and transfer agent. . . . . . . . . . . . . 90,000

For the payment of legal fees, publication of advertisements, costs of engraving and other expenses incurred in issuing of tax anticipation notes . . . . . . . . . . . . . . . . . . . . 100,000

For the payment into the Project 70 Land Acquisition Sinking Fund to meet the principal and interest requirements on notes andbondsissued . . . . . . . . . . . . . . . . . . . . . 5,400,000

All money in the Project 70 Land Acquisition Fund shall he transferred into the sinking fund to meet deht service requirements.

For the payment into the Land and Water Development Sinking Fund to meet the interest and sinking fund requirements of notes and bonds issued and to he issued . . . 28,058,000

For the payment into the Capital Facil- ities Redemption Fund to meet the principal and interest requirements on notes and bonds issued and notes and honds to be issued . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105,071,000

All moneys in the Vietnam Veterans' Compensation Fund not needed to pay claims presently on hand shall he transferred to the Vietnam Veterans' Compensation Sinking Fund in an amount sufficient to meet all deht service requirements during the 1977-1978 fiscal year.

For payment into the disaster relief redemption fund to meet principal and interest requirements on honds issued and bonds to he issued . . . . . . . . . . . . . . . . . . . . 5,496,000

For payment into the Nursing Home Loan Sinking Fund to meet principal and interest requirements on honds issued and bonds to he issued . . . . . . . . . . . . . . . . . . . . 2,298,000

For payment into the Volunteer Fire and Rescue Loan Sinking Fund to meet principal and interest requirements on bonds issued and bonds to he issued . . . 540,000

Fur payment of law enforcement officers' death benefits . . . . . . . . . . . . . . . . . . . . . . . 400,000

To the Department of Agriculture For the salaries, wages and all necessary

expenses for the proper administration of the De artment of Agriculture, including the folPowing programs: Regulation of consumer products and promotion of fair husiness practices, plant health, animal health, rural services and agribusiness development . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14,152,000

For payment of reimbursement to legally constituted law enforcement agencies for kennel construct~on. . . . . . . . . . . . . . . . . . . 50,000

For the control of stem rust of wheat, oats, barley and rye by the eradication of rust spreading barberry hushes and providing for payment thereof to counties making like expenditures of county funds. . . . . . . . 20,000

For development and operation of an open livestock show, including cattle, swine, sheep and horses: provided, that the department may make allocations of this appropriation as it deems appropriate to an incorporated association whose purposes are in accord with the purposes and intent of this appropriation, the funds so allocated to he used for the development and operation of a livestock show in the Pennsylvania Farm Show complex: and provided further, that the funds allocated by the department shall

only he used for the specific items approved by the department in advance of the

. . . . . . . . . . . . . . . . . . . . . . . . . expenditure 60,000 For planning and staging of an open dairy

show: Provided, that the department makes allocations of this appropriation as it deems appropriate to an incorporated association whose purposes are in accord with the purposes and intent of this appropriation, the funds so allocated to he used for the planning and staging of a dairy show in the Pennsylvania Farm Show complex: And provided further, that the funds allocated by the department shall only he used for the specific items approved by the depart-

. . . . . . ment in advance of the expenditure 60,000 For promotion and holding of annual

local, regional and state 4-H clubs and Future Farmers of America dairy shows: Provided, that the department may make allocations of this appropriation as it deems appropriate to an association whose purposes are in accord with the purposes and intent of this appropriation, the funds so allocated to he used for the development and o eration of junior dairy shows: And provi&d further, that the funds allocated by the department shall only he used for the specific items approved by the department in advance . . . . . . . . . . . . . . . . . . . . . 26,000

For planning and staging ten annual 4-H club horse and pony shows and one statewide show to he held in the fall as pre- liminary to the Keystone International

. . . . . . . . . . . . . . . . . . . . . . Livestock show 30,000 For payment of compensation to owners

of animals destroyed in disease eradication . . . . . . . . . . . . . . . . . . . . . . . . . . . programs 370,000

For ayment into the state farm products show fund to partly pay for that portion of the farm show and maintenance to farm show building that is not paid from farm showrevenues . . . . . . . . . . . . . . . . . . . . . . . 800,000

To the State Council of Civil Defense For the salaries, wages and all necessary

expenses for the proper administrat~on of the State Council of Civil Defense, includ-

. . . . . . . ing emergency disaster assistance 554,000 To the State Civil Service Commission

For the salaries, wages and all necessary expenses for the p r o p administrat~on of the Civil Service ommlsslon Including administration of the merit system for employees under provisions of the C~v!l Service Act supra: Provided, that in addl- tion to the amount hereby appropriated, any money collected by the Commission by way of reimbursement under the Civil Service Act shall he paid into the General Fund through the Department of Revenue and shall he credited to this appropriation 1,000

To the Department of Commerce For the salaries, wages and all necessary

expenses for the roper administration of the Department o f Commerce including the following: Tourism and travel development, industrial development, scientific and tech- nological development and international trade . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4,759,000

The moneys herein appro riated shall not he used to pay for the stafgng or expenses of any office outside the boundaries of the Commonwealth.

For the administration and operation of the Navigation Commission for the Dela- ware River. . . . . . . . . . . . . . . . . . . . . . . . . . 77,000

2340 LEGISLATIVE JOURNAL-HOUSE August 12,

For payment of grants to recognized industrial developmrnt agencies to assist such agencies in the financing of their operational rosts for the purposes of making studies, surveys and investigations, the compilation of data and statistics and in the carrying out of planning and promo-

. . . . . . . . . . . . . . . . . . . . tional programs 500,000 For sit? development . . . . . . . . . . . . . . . . 1,000,000 For the payment of grants to

Appalachian local development districts . . 100,000 For the payment of the Commonu~ealth's

share of the cost of the operation of the Ap- palachian Regional Commission and the office of the Appalachian State's Regional Representative . . . . . . . . . . . . . . . . . . . . . . ;31:1,000

For payment of ceremonies in recognition of the Distinguished Daughters of Pennsyl- vanla . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . :<.OOO

For transfer to the minority business development fund. . . . . . . . . . . . . . . . . . . . 1.500,OOO

For technical assistance for minority businesses . . . . . . . . . . . . . . . . . . . . . . . . . . 250,000

For tourist promotion assistance. . . . . . . 2.000.000 For the Governor's Science Advisory

Committee to finance research and information dissemination projects to be conducted hy the Pennsylvania State University for the benefit of Pennsylvania Industry to insure more jobs for Pennsyl- vanla . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75.000

For the Community Facilities Program pursuant to the Act of December 22. 1959 (P. L. 1978, No. 728). . . . . . . . . . . . . . . . . . 1,000,000

For the Pennsylvania Industrial Develop- mentAuthority . . . . . . . . . . . . . . . . . . . . . . 3,000,000

To the Department of Community Affairs For the salaries, wages and all necessary

expenses for the proper-administration of the Department of Community Affairs. including community action assistance, housing and redevelopment, area-wide services, municipal administrative support capability, local recreation areas and facilities and community development planning 5,900,000

For administration of the Volunteer Fire Company, ambulance service and rescue squad assistance act . . . . . . . . . . . . . . . . . . 110.000

For transfer to the Volunteer Companies LoanFund . . . . . . . . . . . . . . . . . . . . . . . . . . 500,000

For payments of grants to Community Action Agencies as provided by the act of January 26, 1968 (P. I,. 48, No. 9), and to

olitical subdivisions and organizations for gocial Service Programs . . . . . . . . . . . . . . . 1,300,000

For the payments of grants to counties, cities, boroughs, townships, towns or re- gions for planning assistance . . . . . . . . . . . 100,000

For planning and administration of a statewide Manpower Employment As- sistance and Training Program. . . . . . . . . . 1,500,000

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

expenses for the roper conduct of the Council on Drug an%Alcohol. . . . . . . . . . . . 2,250.000

For grants to counties and to private facilities to finance Drug and Alcohol Abuse Treatment and Prevention Programs 18,000,000

The Council shall submit to the House and Senate Appropria- tions Committees the following program data for all programs ;r facilities receiving funds through the appropriation entitled Assistance to Drug and Alcohol Programs." (1) Readmission rates for substance abuse clients who have

successfully completed a treatment program. This data should reflect the numher of months between the recidivist's success- ful completion of a treatment program and bisiher entry into

the same or another treatment program and the classification of hislher substance abuse (alcohol, opiates, non-opiates).

(2) Readmission rates for substance abuse cl~ents who leave a treatment program against a therapist's advise. The data should reflect the number of months between the recidivist's unapproved termination of a treatment program and hislher recidivism into the same or another treatment program and the classification of hisiber substance abuse (alcohol, opiates, non- opiates).

(3) Readmission rates for substance abuse clients who leave treatment as a result of mutual agreement with the therap~st. The data should reflect the number of months between the recidivist's approved termination of a treatment program and hislher recidivism into the same or another treatment program and the classification of hisiher substance abuse (alcohol, opiates, non-opiates).

(4) Readmission data shall be provided in a pure statistical manner not revealing the identity of any involved individual.

To the Department of Education For the salaries, wages and all necessary

expenses for the proper administration of the Department of Education, including Criminal Law Enforcement. General Instruction, Special Education, Compen- satory Programs, Vocational Education. Higher Education.Professiona1 Support Services, achieving economic independence- socially and economically disadvantaged.

. . . . . . local recreation areas and facilities. 14,295,000 No funds appropriated herein shall be

used in any way relating to state colleges and university distinguished faculty awards.

For the operation and maintenance of the Vocational Education Fire School. . . . . 205,000

For the District Justice Education Pro- gram . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 200,000

To provide additional complement for the Department of Education to carry out pro-

. . . . . . . . . . . gramatic and fiscal programs 16'3,000 For the operation of the State Library.

providing reference services and administering aid to public libraries. . . . . . . . 1,493,000

For the purchase of books for the State Library . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125,000

For payment of rental charges to the General State Authority for capital improvements a t state-aided educational in-

. . . . . . . . . . . . . . . . . . . . . . . . . . stitutions. 4,300,000 Operation, maintenance and administra-

tion of the state colleges and state-owned university including the McKeever En- vironmental Center. . . . . . . . . . . . . . . . . . . 172,700,000

Expenses of the McKeever Environmental Center shall be paid by the state colleges and state-owned university in amounts proportionate to the use of the center by the colleges and university.

A report shall be submitted by each state college and state- owned university to the Governor and the Appropriations and Education Committees of the Senate and House of Representa- tives and shall include data for all programs of the state college or state-owned university. Each such report, to be submitted prior to November 1, 1978, shall cover the 12-month period beginning September 1. 1977 and shall include for each term during the period:

(1) The following counts and distributions: (I) The definitions and numbers of full-time faculty mem-

bers, of part-time faculty members, of full-time students enrolled in graduate courses, of full-time students enrolled in undergraduate courses, of part-time students enrolled in graduate courses, and of part-time students enrolled in undergraduate courses.

(11) A distribution of part-time faculty members by the per- centage of full-time employment.

(111) Total numbers of undergraduate student credit hours, divided into lower division and upper division levels, and of

LEGISLATlVE JOURNAL-HOUSE

dents enrolled in each section. (V) Number of terms scheduled and the dates thereof. ( 2 ) A classification of faculty members or other professional

employees by title including: Professor, Associate Prc~fessor, Assistant Professor, Instructor, Lecturer, Research Associate, Librarian, and Academic Administrator: faculty members or other professirmal employees under each title to he suhdivided by type of assignment: undergraduate courses only, graduatr courses only, or both graduate and undergraduate ajurses; and e;rch such set of faculty mnnhers or other professional employees to be fur ther suhdivided hy type of employment: full- time o r part-time: and the following aggregiltes for each such suhdivided classification:

(I) ' h e numher. (11) The sum of credits assigned to undergraduate courses

and the sum of credits assigned to graduate courses taught, divided into lower division, upper division, master's, first professional and doctoral levels.

(111) The sum of nndergradurrte student wedit hours and the sum of graduate student credit hours generated: divided into lower division, upper division, master's, first professional and doctoral levpls.

-

graduate student credit hours divided into three levels-master's, first professional and doctoral.

(IV) Numher of different courses scheduled by level of instruction, distributed hy the number of sections srhaduled in each course and the sections distributed hv thc numher of stu-

~~~~

(IV) ~ o t a l s a l a r y paid ( V ) Total salary paid frum college or university funds. (VI) Total salary paid from federal funds. (VII) Total salary paid from other funds. (3) For each term of the period alvered for each full-time

facultv memher identified hv schrx~l. denartment m d title:

~~~

vocational education costs including money due to school districts for claims prior to 1973 pursuant to Section 2605 of the act of March 10, 1949 (P. L. :%O, No. 14), known as the "Puhlic School Code of 1949." s;tid

(I) An analysis of the ave;agc hours i e r week spent in college or university-related activities, stating specifically hours s g m t in undergraduate classroom contact and graduate classroom contact, hours spent in preparation. hours spent in research and hours spent in puhlic service.

(11) The total salary paid and the salary paid from college or university funds.

In addition to the ahove requirements relative to this appropriation, each report covering the 12-month period heginning Septemher 1, 1977. shall include for all programs of the s tate college or state-r~wned university:

(1) Minimum number of credits required for a i-,accalaurratc degree. and for a master 's degree.

(2) Numher of bachelor's degrees. master's degrees, first professional degrees. and doctoral degrees a w a r d ~ d in 1975. 1976. 1977 and cstin~ati.d 1978.

The s tate colleges and state-owned university shall reporl, their revenues and expenditures and present their financial statements required undw the provisions of ' this act in accordance with higher education finance manual llY75).

'~%e funds appropriated herein for the operation. main- ienance, and administration of the s tate colleges and university are not sufficient to provide f:,r any negotiated compensation increases after the effective dare of this act. therefore nc funds appropriated herein shall bt, used f'br such negotiated rom- pensation increases.

Ko funds a propriated herein shall he deposited in tht. Pennsylvania &ate ~ o ' l l e g r Educational Services Trust Fund.

No funds received from any other source by the s tate colleges and unl\.ersity shall he used for negotiated compensation in^ creases nor depos~ted in tht. Pennsylvania S ta t r C,llegr Eduva- tlonsl Services Trust Fund.

For the operatiun, m:rintenance and administration of' tlic Scranton State S~:hor,l for tlap Lleaf, . . . . . . . . . . . . . . . . . . . . . 1 ,(i9i.000

For the operation. mnintcmance and administration of Scrltland S,.ho,,l fbr Vet- erans' Chlldren . . . . . . . . . . . . . . . . . . . . . :l.8fi7.000

For the operation, m;iinten;incr ;and ad^ ministration of the Thaddeus Strmwv Stz~tt* School of Technolog. . . . . . . . . . . . . . . . 1 .X00.0011

For payments of suhs id i~s to school clis- tricts on account of hasic i n s t r ~ ~ c t ~ ~ n a l and

moneys heing obligated hut unpaid'due to fund deficiencies as to liuhiliti~s: Provided, tha t the Secretary of Educ;~tion, with t h r approval of the Governor, may make payments from this appropriation in advance of the due date prescribed by law to school districts which a re financially hiindicapp~d, whenever he shall deem it necessary to make such advance p s y r n ~ n t s to rnnhle the. school districts to keep their puhlic srhools upen: And, provided, tha t the Secretary af Education shall forgive for th,: 1977-1978 year only, the amount of$:10,000,000 owed hy the school districts or intermediati: units of the first class to the Con~m~nwe; i l th on account of advance payments m;rde for vocational education during the 1976-1977 fiscal year, <:ontingent upon a rvritteri agreement hy the school district tha t the school district shall repay the $:30,000,000 a t the rate of $8,000,000 earh yr:ar he gin^ ning with the 1978-1979 fiscal ycar and each year thereafter until the full $:10,000,000 has been repaid. . . . . . . . . . . .

F ~ l r increase in the hasic instructional and vr,cntional education olsts. . . . . . . . . . . . . .

For payments to school districts on ;ir~ count of annual rental or sinking fund i:harges on school huildings. . . . . . . . . . . . .

For payments to school districts and intermediate units un account of pupil transportation. . . . . . . . . . . . . . . . . . . . . . .

r payments to schrjol distrir,ts and intermediate units on account of s11rr:iai educatir~n of excrptional children in puhlic s<,hools. . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I For oavments to sch<x,l disirir.t.s on ar- . - ~ ~

count of homebound instruction . . . . . . . . . For payments for tuition to school dis-

I tricts providing education to nonresident orphaned children placetl in private homes hy the court and nonrrtsident inm;itr,s of children's inst i tut i<~ns. . . . . . . . . . . . . . . . .

For payments to intermediate> units f ix maintenance of summer schools for school age children of migrant laborers. . . . . . . . .

To provide grants tu school distrirts to assist in meeting the matching requirements of federal grants received under fedcsral programs for the education of the disadvan~ taged where sui:h programs meet criteria estahlishcd by the Ur:partment of Educil- tl(Jn . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

For special educ;ition - approved private schools . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

For annual payments not to i,xceetl $500 per s tudrnt to institutions of higher l ~ a m - irig for defraying the pxpensrs of deaf or hlind s t u d e ~ ~ t s . . . . . . . . . . . . . . . . . . . . . . .

r payment of the Commi~nwe:rlth's share of the al~proved oprrating rusts ;and lease paymentsoSintr:rrn~diate units . . . . .

For grants lo school districts to assist in meeting Srde!rel matching requirements for grants received under th r E'tlderal Child Nu- trition Act, and t,, aid in prrlv~ding a Sr~od program for needy rhildren. . . . . . . . . . . .

For payment intr, thp Somal Sccurity (:on- trihution Fund tlie (:ommonwealth's share of federal social security taxes for i~uhlir school employees. . . . . . . . . . . . . . . . . . . .


For payment of required contribution into the contingent reserve and supplemental accounts of the Public School Em- ployees' Retirement Fund. . . . . . . . . . . . . . 160,760,000

In addition to the regular contribution to the Retirement Fund, this appropriation includes $2,000,000 for continued repayment of past underfunding of the Commonwealth's obligations. This repayment will reduce the original deficit of $90,000,000 to $59,000,000

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

For payment of required contribution into the former teacher's account of the Public School Employee's Retirement Fund 6.000

For operation and administration of pro- rams of education and training a t Youth evelopment Centers . . . . . . . . . . . . . . . . . 3,149,000 For operation and administration of pro-

grams of education and training at state schools and hospitals. . . . . . . . . . . . . . . . . . 10.177.000

For services to nonpuhlic schools. . . . . 22,758.000 For textbooks for nonpublic schools . . . . 8,218,000 For student supplies for nonpublic

schools . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2,843,000 For grants to public libraries for the

development and improvement of a statewide system of libraries and library s e n - ices, including state aid to local libraries, county libraries, district library centers and regional library resource centers. . . . . . . . . 8,896.000

To provide aid to the free library of Phila- delphia and the Carnegie Library of Pitts- burgh, to meet the costs incurred in serving as regional libraries in the distribution of braille reading materials, talking book machines and other reading materials, to persons who are blind or otherwise handi- capped . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 898.000

For acquiring, produring, recording and distributing, by the Departme~~t of Educa~ tion, educational programming that will be used for classroom hrosdcast . . . . . . . . . . . 130.000

For development, administration and co- ordination of tducational and training programs a t the state-owned adult correction;il . . . Instttut~ons . . . . . . . . . . . . . . . . . . . . . . . . . %.19!1.000

For payment of approved operating ;ind capital expenses of community colleg~s and technical institutes . . . . . . . . . . . . . . . . . . . 46.(551.000

Commonwealth allocations to the ~(inirnunity collegt~s from the funds appropriated herein shall be separately calculated for community and public services including noncredit continuing education as defined by thr higher educ;~tion finance manual and the higher education grneral information survey.

No funds appropriated herein shall he ;illouited for the reimbursement of operating or capital t!xpimses for which feticral funds have hem received.

An independent audit rt,p<~rt for the prect,ding fiscal year. which is consistmt with the h i g l ~ ~ r education fin:inrtx rn;lnu;~l shall be suhmittrd hy each community rullegr to thr Dep;>rt- ment of Educat,ion not later than 120 d;~ys after thr. rli~se of the preceding fiscal year. The L)(.l~;!rtmf,nt of Educ;itioo tilay with- hold whatever funds appropriated hcrrin it feels nccess;iry to ensure that such audit reports ;%re submitted in 111i. jil.i'scribi~1 fashion.

For Higher Educatir~n Equ;~l Oppurtunity . . . . . . . . . . . . . . . . . . . . . Program grants. :i.X!)i.000

For the operation of thc Kthnir 1It~rit;tgt~ . . . . . . . . . . . . . . . . . . . . . . Studies Center. ,j0.000

For the I'ennsylv;fini;, Ilight,t E,lu,.;irir,n Ashiti~ncr Agrn<.y For paymr:nt t ' I s ~ l r s l ~ i j .~nd

education assistance grants, including those to veterans, and dcp~,nrltants of j~ris- oners of w;ir or missing in ;r?tii,n sol<lir,rs. and for death and disability hardship cases 68,440,000

For the purpose of being held in reserve to guarantee loans granted for payment of possible losses of such loans granted and for the payment of lender participation incentives . . . . . . . . . . . . . . . . . . . . . . . . . . 2,500,000

For the purpose of assisting approved institutions of higher learning in securing and obtaining maximum participation in federal student aid funds to be used as financial aid to students in meeting their costs of attendance a t such institutions . . . 1,800,000

For the purpose of administering the programs of the agency including payment of lender participation incentives . . . . . . . . . . 3,916,000

To the Department of Environmental Resources For salaries, wages and all necessary ex-

penses for the proper administration of the Department of Environmental Resources. . 14,000,000

For topographic and geologic survey . . 1,500,000 . . . . . . . . . . . . . . . . For soil survey work. 100,000

For deep mine safety . . . . . . . . . . . . . . . . 2,300,000 For occupational health. . . . . . . . . . . . . . 650,000 For surface mine reclamation . . . . . . . . . 2,180,000 For land protection . . . . . . . . . . . . . . . . . 2,409,000 For water quality management . . . . . . . . 5,884,000 For air quality and noise control . . . . . . . 2,980,000 For community environmental control . . 6,2:35,000

. . . . . . . . . . . . . . For radiological health. 712,000 For state forestry operations. . . . . . . . . . 10,300,000 For gypsy moth spraying operations. . . . 500,000 For the gypsy moth laboratory and re-

search . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 406,000 For insect spraying operations. . . . . . . . . :350,000 For state parks. . . . . . . . . . . . . . . . . . . . . 19,894,000 For stream improvement projects . . . . . . 450.000 For the payment of the cost of manpower,

equipment and materials used in the control and extinction of forest fires . . . . . . . . 150,000

For payments to municipalities or municipal authorities for up to 5O0/o of the cost of acquiring lands and rights-of-way and relocating roads and utilities to qualify for federal flood control projects . . . . . . . . . . . 743.000

For grants to counties. municipalities and authorities to assist them in preparing official plans for sewage systems . . . . . . . . . . . :100,000

For reimbursement to municipalities toward the costs incurred by them in the enforcement of the Sewage Facilities Act. . 800,000

For the support of the Ohio River Valley U'ater Sanitation Commission. requisitions to be signed by the Secretary of Environ- mental Resources . . . . . . . . . . . . . . . . . . . . 55.000

For payment to the Great Lakes Basin Commission as the Con~nion\v?alth's assessment and payment for participation in the programs and plans of the Great Lakes Basin Commission. . . . . . . . . . . . . . . . . . . 15.000

For payment to the Ohio River Basin Coniniission as the Commonwealth's Assessment and payment for participation in the development of a water resources program for tIieOhioRiver Hasili. . . . . . . . :10.000

For the support nf the Susqueh:~tina Kivrr Hasin Commissioli. requisitions to be signed hy the Secretary of Environmental Ht,suurces . . . . . . . . . . . . . . . . . . . . . . . . . . 200.000

For the support of thc Interstati, Corn- n~~ss ion on the Potumar River Hasin. rcq- uisitions to he signed by the Srt,rrt:iry of E:nviri,nn~t~nti~l Rrsourrrs. . . . . . . . . . . . . . 16.000

For yr;lnts to C O U I I ~ ~ I ~ S . niuniclj~iilitie'i i~tid inutlioriti~s to i166ist tlieln i n preparing offi- ci;il pl;tns for solid wasti, dispr~sal systenls 150,000

Fat. payment of Pennsylvania's sh;lre of the expenses of the River Master for the

LEGISLATIVE JOURNAL-HOUSE

Delaware River. . . . . . . . . . . . . . . . . . . . . . 29,000 For the conduct of the work of the Dela-

ware River Basin Commission to he paid in favor of the Chairman of said Commission who shall file an accounting with the Aud- itor General. . . . . . . . . . . . . . . . . . . . . . . . . :178,000

For payment by the State Conservation Commission to local sponsors for support of small watershed projects. . . . . . . . . . . . . . . 100,000

For payments to conservation districts for employment of executive assistants on a 50% cost-sharing basis, not to exceed $5,000 per district for the state's share . . . 100,000

For payment of Pennsylvania's share of the cost of the Interstate Mining Commis- sion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10,000

For payment of annual fixed charges in lieu of taxes to counties and townships on land acquired for water conservation and flood control . . . . . . . . . . . . . . . . . . . . . . . . 9,000

For payment of annual fixed charges in lieu of taxes to political subdivisions or school districts on lands acquired hy the Commonwealth for Project 70 . . . . . . . . . . 250,000

For payment of annual fixed charges in lieu of taxes to counties, school districts and townships on forest lands. . . . . . . . . . . 399,000

For the Commonwealth's share of sewage treatment facilitirs servmg:

Scotland School for Veterans' Children. . 205,000 Shippensburg State College. . . . . . . . . . . 250,000 To provide grants for rat control pro-

grams including, hut not limited to, extermination measures, improvement of refuse collection and garbage collections, services and community educational activities designed to promote participation and support of the programs hy residents and property owners . . . . . . . . . . . . . . . . . . . . . 500,000

For Appalachian Trail preservation. . . . . 500,000 To the Pennsylvania Fish Commission

For the support of the Atlantic States Marine Fisheries Commission. . . . . . . . . . . :3,000

To the Department of General Services For the salaries, wages and all necessary

expenses for the proper administration of the Department of General Services including distribution of surplus state property, purchase, maintenance and disposition of state automotive equipment, standards and specifications of commodities for state agencies, purchase of commodities for state agencies, real estate and insurance, huild- ing, construction and engineering, maintenance and custody of state office huildings and grounds, general services, federal surplus property, and distribution of federal surplus commodities . . . . . . . . . . . . . . 22,677,000

No more than $13,521,000 in general obligation honds may he used to augment this appropriation.

Utility cost. . . . . . . . . . . . . . . . . . . . . . . . 4,200,000 For replacement of vehicles. . . . . . . . . . . 784,000 For payment of rental charges to the

General State Authority. . . . . . . . . . . . . . . 54,900,000 To the Department of Health

For salaries, wages and all necessary expenses for the proper administration of the Department of Health including research and, health information, medical facilities revlew, health services development, disease prevention, detection and diag- nosls, outpatient treatment, inpatient treatment and life maintenance . . . . . . . . . 12,500,000

Donolow Memorial Health Center . . . . . 150,000 Matilda Theiss Health Center . . . . . . . . . 35,000

Central Penn Oncology Group. . . . . . . . . 100,000 For the operation of a program for the

inspection . . . of public and private nursing fkcihtles . . . . . . . . . . . . . . . . . . . . . . . . . . . 1,000,000

For the operation of Bureau of Vital Statistics.. 3,113,000 . . . . . . . . . . . . . . . . . . . . . . . . .

For the operation of the state laboratory 2,164,000 For the operation of state health care cen-

ters, including the district offices of the Department of Health. . . . . . . . . . . . . . . . . 9,400.000

For emergency health services. . . . . . . . . 2,200,000 For maternal and child health . . . . . . . . . 607,000 For the purpose of developing, operating

and purchasing hemophilia services . . . . . . 1,256,000 For the purpose of developing, operating

and purchasing sickle cell anemia services 550,000 For the purpose of developing, operating

and purchasing Cooley's anemia services 120,000 For the purpose of developing, operating

and purchasing renal disease services. . . . . 3,633,000 For the purpose of operating and

purchasing coal workers pneumoconiosis services . . . . . . . . . . . . . . . . . . . . . . . . . . . . 707,000

No part of the appropriation shall he used for research and development.

For the operation, maintenance and administration of the Elizahethtown Hospital for Children and Youth. . . . . . . . . . . . . . . . 3,356,000

A report on Elizabethtown Hospital for Children and Youth shall he submitted on or before Januar 31, 1978 by the Department of Health to the Governor andlthe Appropriations and Health and Welfare Committees of the Senate and House of Representatives. This report shall he a comprehensive util- ization review of the hospital including, hut not limited to program and fiscal audits of the facility. The report shall also review the need for continued operation of the hospital taking into account other facilities in the Commonwealth providing similar services and future capital investment and operating expenses. In addition, the report shall contain a professional, medical and health anaylsis of the services to physically disabled children provided a t the institution, comparing the quality of diagnosis, treatment, rehabilitation, and restoration with like institutions and professionally acceptable practices. The report shall be prepared under the direction of a committee appointed by the Secretary of Health whose membership shall consist of non-Commonwealth employees capable of providing the necessary and independent professional expertise and judgment required to prepare a comprehensive and unbiased report. The Secretary shall provide to the Committee whatever assistance it shall need in the performance of its duties. For this purpose, the Secretary may use funds from either or both of the appropriations provided in this act to the Department for General Government Operations or Elizahethtown Hos- pital.

For reimbursement to school districts on account of health services. . . . . . . . . . . . . . 11,810,000

For providing aid to counties in the estab- lishment of maintenance of local health departments . . . . . . . . . . . . . . . . . . . . . . . . 12,325,000

For payment to the Institute for Cancer Research, Incor orated, Fox Chase, Phila- delphia, I'ennsykania for the operation and maintenance of the cancer reserach program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 418,000

For payment to the Wistar Institute of Philadelphia, Pennsylvania for research in the field of cellular biology . . . . . . . . . . . . . 200,000

For payment to the Inglis House of Phila- delphia for the detection and diagnosis of neurological diseases. . . . . . . . . . . . . . . . . . 30,000

Emergency care research institute. . . . . . 800,000 For the following research programs: Lankenau Hospital - Research . . . . . . . . 75,000 Cardiovascular Studies - University of

Pennsylvania.. . . . . . . . . . . . . . . . . . . . . . . 60,000 Cardiovascular studies - St. Francis Hos-

LEGISLAnVE JOURNAL-HOUSE August 12,

pital, Pittshurgh . . . . . . . . . . . . . . . . . . . . . 60.000 To engage or contract with any private

institute, research foundation or any entity to perform research of 1,upus Erythema- tusus . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75.000

For outpatient-inpatient treatment: Cerebral Palsy - St. Christophers Hos-

pital . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75,000 Cerebral Dysfunction - Childrtan's Hos-

pital, Pittsburgh . . . . . . . . . . . . . . . . . . . . . 25,000 Pittsburgh Cleft Palate . . . . . . . . . . . . . . :30.000 For payment to the Burn Foundation of

Greater Delaware Valley. . . . . . . . . . . . . . . 155,000 For the estahlishment of a comprehensive

program relating to persons with Tay-Sachs disease a t the Jefferson Medical College and Hospital, Philadelphia, Pennsylvania. 50,000

Such program shall include the detection of Tay-Sachs disease in the community, counselling of individuals and families, education of the public, institution, coordinati~m of research into the treatment for Tay-Sachs disease and the expan- sion of genetic diagnostic services and treatment of persons with the disease.

The Department of Health shall ascertain that th? funds appropriated by this Act ar r used hy the Jefferson Medical Coi- lege and Hospital, Philadtllphia for the purposes herein spt forth.

To the Pennsylvania Historical and Museum Commission For the salaries, wages and all necessary

expenses for the proper administration of the Pennsylvania Historical and Museum Commission including development and

romotion of Pennsylvania state and local R. story, museum development and operzi- tions, and development and preservation of historical sites and properties. . . . . . . . . . . 5,427,000

For administration of the Valley Forge Park Commission and for costs associated with the closeout of Commonwealth funded activities a t Valley Forge State Park . . . . . 200.000

For administration of the Washington Crossing Park Commission and operation and maintenance of the Washington Cross- ing State Park . . . . . . . . . . . . . . . . . . . . . . . 592,000

For administration of the Brandywine Battlefield Park Commission and operation and maintenance of Brandywine Battlefield Park . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118,000

For administration of the Anthracite Mu- seum Complex. . . . . . . . . . . . . . . . . . . . . . . :125.000

For administration of Allentown Art Mu- seum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50,000

For administration of the Somerset Historical Center. . . . . . . . . . . . . . . . . . . . . 50.000

To the Department of Insurance For the salaries, wages and all necessary

expenses for the proper administration of the Department of Insurance including policyholder services and protection, regulation of rates and policies, liquidation of companies and regulation of companies 5,347,000

To the Department of Justice For General Government Operations:

Attorney General. . . . . . . . . . . . . . . . . . . 464,000 Comptroller . . . . . . . . . . . . . . . . . . . . . . . 301,000 Regional Offices. . . . . . . . . . . . . . . . . . . . 1,386.000 Community Advocate . . . . . . . . . . . . . . . 373,000 Management '3 erv~ces . . . . . . . . . . . . . . . 691,000 Criminal Law. . . . . . . . . . . . . . . . . . . . . . 176,000 Investigations . . . . . . . . . . . . . . . . . . . . . 575,000 Governor's Justice Comniission. . . . . . . . 510,000 Civil Law . . . . . . . . . . . . . . . . . . . . . . . . . 1,793,000 Consumer Protection. . . . . . . . . . . . . . . . 1,185,000 Consumer Protection Office - Allentown 150,000 Board of Pardons. . . . . . . . . . . . . . . . . . . 151,000 The funds appropriated for general government operations of

the Department of Justice are specifically appropriated to the Bureau or Division indicated and shall not he used for the purposes of functions of any other bureau or division of the de artment.

or salaries, wages and all neressary ex- 8 penses of the Bureau of Drug Control; Pro- vided that funds expended from this appropriation are approved by the Llrug Law Enforcement Coordinating Council. . . . . . . 3,225,000

For the operation and administration of the Pennsylvania Crime Commission . . . . 1,249.000

For salaries, wages and all necessary expenses . . of the Juvenile Court Judges' Com- mlsslon . . . . . . . . . . . . . . . . . . . . . . . . . . . . 249,000

For salaries, wages and all necessary expenses of the Crime Victims Compensation Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 250,000

For salaries, wages and all necessary expenses of the Office of Consumer Advocate 100,000

The funds appropriated for the Office of Consumer Advocate are for the fiscal period July 1 , 1977 to Septemher 1, 1977 and so much of the funds as are uncxpended or unencumbered on September 1, 1977 shall lapse. After September 1, 1977 and when funds are available from the Pennsylvania Public Utility Commission for expenses of the Office, the Office of the Con- sumer Advocate shall reimburse Lhe General Fund for any funds used from this appropriation.

For the operation, maintenance and administration of the state correctional institutions. . . . . . . . . . . . . . . . . . . . . . . . . . . 71,540,000

No funds from this appropriation are to he used for currently existing or new community service centers.

For the operation, maintenance and administration of the con~munity service centers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2,100,000

No funds from this appropriation are tu he used to establish or operate community service centers beyond the 15 currently existing centers.

For payments of grants to political suh- divisions to assist in the improvement of juvenile probation services . . . . . . . . . . . . . 1,452,000

For aid for local law enforcement . . . . . . 1,091,000 For payment of awards made by the

. . . . . Crime Victims Compensation Board. 750,000 To the Department of Lahor and Industry

For salaries, wages and all necessary expenses for the proper administration of the Department of Labor and Industry, including regulation of consumer products and promotion of fair business practice, accident prevention, occupational health and safety, income maintenance, and industrial relations stability. . . . . . . . . . . . . . 12,100,000

For occupational disease payments . . . . . 23,500,000 Fur the payment to the vocational reha-

bilitation fund for work of the state board of vocational rehabilitation. . . . . . . . . . . . . 9,230,000

To carry out provisions of section 306(H) of The Pennsylvania Workmen's Comppn- sation Act . . . . . . . . . . . . . . . . . . . . . . . . . . 2,060.000

To The Department of Military Affairs For salaries, wages and all necessary ex-

penses for the proper administration of the Department of Military Affairs including emergency disaster assistance, financial assistance to students and income maintenance . . . . . . . . . . . . . . . . . . . . . . . . . . . .

For the operation and maintenance of the Hollidayshurg Veterans' Home . . . . . . . . . .

For the uperation and ma~ntenance of the . . . . . . . Soldiers' and Sailors' Home a t Erie

For payment of helicopter liability insurance. . . . . . . . . . . . . . . . . . . . . . . . . . .

For payment of gratuities for the educa- . . . . . . tion of children of certain veterans.

For assistance to veterans who are ill or


disabled and without means of support. . . . 650,000 For pensions for veterans blinded

through service-connected injuries or dis- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ease 80,000

program or facllity funded from the above three appropria-

and for the care of mental patients boarded cut by the state institutions for the mentally ill and mentally retarded. . . . . . . . . . . . . 99,456,000

This ap~rouriation shall he utilized solelv for existine countv For payment of pensions to dependents of

soldiers of the Pennsylvania National Guard killed in the line of duty . . . . . . . . . . 10.000

To The Milk Marketing Board For payment into the milk marketing

fund in the State Treasury for the purpose for which such fund is appropriated . . . . . . 717,000

To The Pennsylvania Board of Probation and Parole For the salaries, wages and all necessary

expenses for the proper administration of the Board of Probation and Parole Reintegration of Offenders. . . . . . . . . . . . . 9,839,000

Payments for Grants-In-Aid to counties for providing improved adult probation serv~ces . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1,76:1,000

To The Department of Public Welfare For salaries, wages and all necessary ex-

penses for the proper administration of the Department of Public Welfare including but not limited to, health services support and development, mental health systems, services to the communities, family support services, mental retardation systems and income maintenance . . . . . . . . . . . . . . . . . . 18,500,000

For an internal audit and investigation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . unit 450,000

For the provision of security programs and facilities for youth offenders including two hundred security beds . . . . . . . . . . . . . 4,498,000

For the provision of community based programs and facilities for youth dffenders 1,812,000

For the provision of basic institutional programs and facilities and to provide general support services for security programs and facilities and community based programs and facilities for youth offenders. . . 18,823,000

The Appropriation Structure herein specified for the above three appropriations in no way constrains or attempts to define the cost allocations necessary to implement the cost and hilling procedures required by Act. No. 148 of 1976.

In addition to any other information requested by the House of Representatives and Senate Appropriations Committees of the General Assembly, the Department of Public Welfare shall provide for each succeeding fiscal year, the following program information for the above three appropriations:

(1) An unduplicated count of the number of youth offenders served by each program or facility.

(2) A per diem cost for each program or facility. (3) The number of youth offenders recidivating into the

same or any other program or facility for youth offenders funded from the above three appropriations.

(4) The numher of ~revious commitments of recidivists to n

tions. Recidivism data shall be provided in a pure statistical manner

not revealing the identity of any involved individual. For the operation, maintenance and ad-

mental health programs. For grants to counties to purchase com-

munity based residential care, treatment and training for the mentally retarded. . . . 22,022,000

For the mentally disabled advocacy project. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 240,000

For the Provisions of Services to the Blind at:

Center for the Blind - Delaware County 25,000 Beacon Lodge Camp. . . . . . . . . . . . . . . . . 25,000 Center for the Blind - Philadelphia . . . . 25,000

. . . Pittsburgh Association for the Blind. 25,000 For the office for the visually handi-

capped as a supplemental appropriation for the exclusive purpose of extending blind radio reading services to listener applicants not eligible under Title XX . . . . . . . . . . . . . 50,000

This appropriation would he applicable to the purchase of special receivers for non-Title XX eligibles and as an alternative funding resource for operational overhead directly attributable to non-Title XX eligible applicants.

For assistance payments and county administration of the public assistance programs and medical assistance programs:

. . . . . . . . . . . . . . . . . . . . Cash assistance 494,180,000 County administration. . . . . . . . . . . . . . . 22,362,000

. . . . . . . . . . . . . . . . . . Claims settlement 2,314,000 Medical assistance . . . . . . . . . . . . . . . . . . 326,061,000 Subject to federal law and regulations, the fee for out-patient

hospital visits shall he $12 per visit for those hospitals quali- fied to participate under Title XIX of the Federal Social Securi- ty Act and meet the special criteria for clinic participation established by the Department of Medical Assistance regulation 9412.11.

Private nursing homes. . . . . . . . . . . . . . . 54,776,000 For payment to private nursing homes for skilled nursing

care and intermediate care for persons eligible for medical assistance services provided after June 30, 1977. No money shall he disbursed from this appropriation for services provided in long-term care units of acute care hospitals. Regional group ceilings for reimbursement of private facilities shall be estah- lished in accordance with the amount appropriated by the general assembly hased upon standard metropolitan statistical areas (SMSA) as designated in departmental regulations.

Public nursing homes. . . . . . . . . . . . . . . . 21,000,000 Supplemental grants - aged, blind and

. . . . . . . . . . . . . . . . . . . . . . . . . . . disabled. 56,360,000 Provided, that any rule, regulation or policy adopted by the

Secretary of Public Welfare during the fiscal period 1977.1978 which adds to the cost of any public assistance programs shall he effective only from and after the date upon which it is approved as to the availability of funds by the governor.

For the navment of erants and for the

ministration of the state restoration cen- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ters 7,572.000

For the operation. maintenance and administration of the stat? medical and surgical hospitals . . . . . . . . . . . . . . . . . . . . 6,500,000

For the operation. maintenance and administration of the state institutions for the mentally ill and the mentilly retarded 347,102,000

Emergency gas main replacement: C. . . . . Howard Marcy Rehabilitation Center. 61,000

For administration of the Statc Mental Health and Mental Retardation legislation exrlusive of capital improvements; for payments to reimburse counties, county institution districts and private institutions;

. " ~ ~

purpose of developing, operating and purchasing services for the aged and other adults, including hut not limited to model projects, demonstration projects, home- makina services. communitv care services. foster care services, protecti;e care services and counseling services. . . . . . . . . . . . . . . . 8,900,000

For the conduct, operation uf or contract- ing for training courses to be given by ac- credited graduate schools of public health, for the personnel of county homes, nursing and convalescent homes, and nonprofit homes for the aged . . . . . . . . . . . . . . . . . . . 50,000

For subsidy payments for services for the blind . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 940,000

For payment to counties for child welfare programs and for the care of delinquent and deprived children committed by the courts to a private or public facility . . . . . . 70,000,000

For the purpose of developing. operating


and purchasing day-care services for children from state approved facilities. . . . 18,500,000

For the orovision of oroerams to combat juvenile g'ang warfare' a& outreach programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96,000

For continuation of the youth service system . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 167,000

For payment to the Home for Crippled Children, Pittsburgh, Pennsylvania, for maintenance in accordance with the rules and regulations issued by the Department of Public Welfare and the Department of the Auditor General as prescribed by law. . 440,000

For payment to Children's Heart Hos- pital, Philadelphia, Pennsylvania, for maintenance in accordance with the rules and regulations issued by the Department of Public Welfare and the Department of the Auditor General as prescribed by law. . . . . 880.000

The hospitals named above shall file a report with the De- partment of the Auditor General within 90 days of the last day of each quarter. Failure to file the report timely as required hereunder shall disqualify the institution from receiving funds for the quarter covered by the untimely filed report.

For the purpose of developing, operating and purchasing social services . . . . . . . . . . 2,533,000

Arsenal Family and Children's Center. . . 100,000 For Rudolphy Residence for Blind. . . . . . 66.000

To the Department of Revenue For salaries, wages and all necessary

expenses for the proper administration of the Denartment of Revenue includine cor-

. . . . . . . . . . . . . . . . . . . . . . . . . . incometax 49,:310.000 For the distribution of public utility

realty tax. . . . . . . . . . . . . . . . . . . . . . . . . . . 28,500.000 To the Pennsylvania Securities Commission

For the salaries, wages and all necessary expenses for the proper administration of the Pennsylvania Securities Commission . . 900,000

To the Department of State For salaries, wages and all necessary ex-

penses for the proper administration of the Department of State including regulation of consumer products and promotion of fair business practice, maintenance of the cler- toral process, and for the proper administration of the Bureau of Professional and Occupational Affairs. . . . . . . . . . . . . . . . . . 5.831.000

For publication of proposed constitu- tional amendments . . . . . . . . . . . . . . . . . . . 40.000

For costs incurred resulting from the operation of the voter registrahn by mail program . . . . . . . . . . . . . . . . . . . . . . . . . . . 525.000

For custa related to absentee voting by persons ln military scrvircs. . . . . . . . . . . . . ?02000

To the State Employees' Retirement System For payment of medicalihos~ital In-

surance costs for Commonwealt'h annui- tants who have elected such coverage. . . . . 11.140.000

To the Pennsylvania State Police For salaries, wages and all necessary ex-

penses for the proper administration of the Pennsylvania State Police, including juvenile crime prevention, criminal law enforcement, prevention and control of civil disorders, emergency disastcr assist;mcr and fire prevention and including %640,000 which shall he used for a cadet rlass to begin in the 1977-1!17R fiscal year . . . . . . . 59.1,'35.000

For salaries, wages and all nrressary PX- pensrs for the proper administration of Ihc municipal Police Offirers Eilur.;jti<m and Training Commission . . . . . . . . . . . . . . . . . 1.000.000

For the payment of nanservi<,r conn~rtvd

I death benefits oursuant to the Greshenfeld . . . . . . . . . . . . . . . . . . . . . . . . . . . . Awards

To the State Tax E ualization Board 9 For the salaries, wages anda! necessary expenses for the proper admlnlstration of

. . . . . . . . . the State Tax Equalization Board To the Department of Transportation

For the salaries, wages andall necessary expenses for the pro er admlnlstration of the nenartmnnt of gansmrtation includ- r ~ - ~ ~ - - ~ - - ~-

mg &ban, rural and inteIcity mass transportation, rail freight transportation and I .---- port development . . . . . . . . . . . . . . . . . . . .

For urban mass transportation assistance for grants to local transportation organizations; to be used only for purchase of service projects and advertising and promotion

. . . . . . . . . . . . . . . . . . . . . . . . . . . programs For rural and intercity transport,ation:

for operating subsidies, lease payments and maintenance projects on rail f re~ght 11nes; and operating subsidies and demonstration projects for passenger r a ~ l and bus services, including the rural highway public demon-

. . . . . . . . . . . . . . . . . . . . stration program. For payment to the City o f Philadelphia

for the maintenance, repalr, improvement and administration of the port of Philadel- p h ~ a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

For payment to the Erie Port Commission of the Citv of Erie. for the maintenance. re- I

I "air. imdrovement and administration of A ~ ~ . . ~ ~

the port of Erie . . . . . . . . . . . . . . . . . . . . . . 250,000 For payment of services in connection

with the functions of the Civil Air Patrol. . 35,000 To the Pennsylvania Public Television Network Commission For the salaries, wages and all necessary

expenses for the proper admin~stration of the Prnnsvlvania Public Television Net- ~~~~ ~

work Coknission including network . . . . . . . . . . . . . . . . . . . . . . . station grants 4,473,000

No allocations may be made from this appropriation for the suouort of instructional televlslon by either the commission or itsmember stations.

. . . . . . . . . . . For programming services. 2,000,000 No allocations may be made from this appropriation for the

support of instructional television by either the commission or its member stations.

11. Legislative Department To the Senate

For the salaries. wages and all necessary expenses for the following purposes:

Salaries for 50 senators and extra rom-

. . . . . . . . . . . . . . . . . . . . . turning officers. 797.000 Salaries of employees of the president of

. . . . . . . . . . . . . . . . . . . . . . . . . . thesenate 86.000 Salaries of salaried en~ployees of the

Senate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3,650,000 Snlarirs for m~olo \~e r s of the chief rlerk 500.000 . "

Fifty senators, officers and miployees . . 120.000 Postage:

. . . . . Chief clerk and legislative journal . . . . . . . . . . . . . . . Lieutenant Governor

I Librarian Contingent Expenses:

Serretary . . . . . . . . . . . . . . . . . . . . . . . . . Librarian . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . President . . . . . . . . . . . . . . President pro tempore.

. . . . . . . . . . . . . . . . . . . . . . . Chief Clerk. Majority floor leader . . . . . . . . . . . . . . . . Minority floor leader . . . . . . . . . . . . . . . .


. . . . . . . . . . . . . . . . . . . . . Majority whip Minority whip . . . . . . . . . . . . . . . . . . . . . Chairman of majority caucus. . . . . . . . . . Chairman of minority caucus Secretarv of maioritv caucus . . . . . . . . . . 3.000 1 committee shall have the authoritv to

3,000 3.000 3,000 3,000

~p

ing comparative costs and other f i s c a m and information for the use of said committee and the Senate during legislative sessions to the discharge of such duties. The

Secre tas of minority caucus. . . . . . . . . . :3,000 Chairman of majority Appropriations

Comm~ttee . . . . . . . . . . . . . . . . . . . . . . . . . 6,000 Chairman of minority Appropriations

Committee . . . . . . . . . . . . . . . . . . . . . . . . . 6,000 Chairman of the majority Policy Commit-

tee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2,000 Chairman of the minority Policy Commit-

tee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2,000 Majority caucus administrator. . . . . . . . . 2,000 Minority caucus administrator . . . . . . . . 2,000 The ahove appropriations for postage and for contingent ex-

penses shall he paid prior to the payment of such expenses on warrant of the state treasurer in favor of the officers above named upon the resentation of their requisitions for the same: provided, that t g e total amount of requisitions for advance- ments less the total amount of expenditures made as certified by such officers to the state treasurer shall not exceed the amount of the bond of the officer having control of the dis- bursement from the funds advanced. Miscellaneous expenses:

Incidental expenses . . . . . . . . . . . . . . . . . 220,000 Expenses, senators: In addition to annual

reimbursement for expenses heretofore authorized by law for each member of the Senate, each member shall be entitled to reimbursement for actual expenses, not exceeding the sum of $2,500, incurred for lodging and meals while away from home on official legislative business, official postage, staff and all other expenses incidental to legislative duties. Such additional accountable expense amount shall be available for all such accountable expenses incurred during the fiscal year 1977-78. . . . . 375,000

Legislative printing and expenses . . . . . . 1,642,000 Attending National Legislative Confer-

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ence. 15,000 Attending meetings of the Council of

State Governments. . . . . . . . . . . . . . . . . . . 6,000 The ahove appropriation for incidental expenses shall he paid

to the Chief Clerk of the Senate, the appropriations for legislative printing and expenses and attending National Legis- lative Conference shall be paid to the Secretary of the Senate and the appropriation for attending meetings of the Council of State Governments shall be paid to the President pro tempore in the same manner and under the same conditions as the appropriations for postage and contingent expenses above.

For the payment of the expenses of the Committee on Appropriations (D) of the Senate in investigating schools, colleges, universities, correctional institutions, mental hospitals, medical and surgical hospitals, homes and other institutions and agencies supported, in whole or in part, by appropriations from the State Treasury, in analyzing reports, expenditures and the general operation and administration of said institutions and agencies, in examining and analyzing requests of the same and of the various departments, boards and commissions of the Commonwealth, and for the collection of data from other states, attending seminars, conferences, and in cooperation and exchanging information with legislative budget and financial committees of other states, and for the necessary clerical assistance and other assistance, travel expense, and all other expenses in compiling data and information connected with the work of said committee in compil-

examine and inspect all properties, equipment, facilities, files, records and accounts of any state office, department, institution, board, committee, commission or agency or any institution or agency supported, in whole or in part, by appropriation from the State Treasury and to administer oaths. The committee may issue subpoenas under the hand and seal of the chairman to compel the attendance of witnesses and the production of any papers, books, accounts, documents and testimony touching matters properly k i n g inquired into by the committee and to cause the deposition of witnesses either residing within or without the state to be taken in the manner prescribed by laws for taking depositions in civil actions. The sum appropriated shall he paid on warrant of the State Treasurer in favor of the chairman of said committee on the presentation of his requisition for the same. The chairman of the Committee on Appro- priations shall not later than 30 days after the termination of his term of office, or until his successor is elected and also within 30 days after the adjournment of any regular or special session, file an account, together with supporting documents whenever possible in the office of the Appropri- ations Committee of the committee's expenses since the filing of the prior account 360,000

For the payment of the expenses of one minority party member of the Committee on Appropriations (R) of the Senate designated by a majority vote of the minority party Senate caucus for investigating schools, colleges, universities, correctional institutions, mental hospitals, medical and surgical hospitals, homes and other institutions and agencies supported, in whole or in part, by appropriations from the State Treasury in analyzing reports, expenditures, and the general operation and administration of said institutions and agencies in examining and analyzing requests of the same and of the various departments, hoards and commissions of the Common- wealth, and for the collection of data from other states attending seminars, conferences, and in cooperating and exchanging information with Legislative Budget and Financial Committees of other states, and for the necessary clerical assistance and other assistance, travel expense and all other expenses in compiling data and information connected with the work of said committee in compiling comparative cost and other fiscal data and information for the use of said committee and the Senate during legislative sessions and during the interim between legislative sessions to the discharge of such duties. The sum appropriated shall he paid on warrant by the State Treasurer in favor of the member so designated by the majority vote of the minority party Senate caucus on the presentation of his requisition for the same. Such member so designated shall, not later than 30 days after the termination of his term of office, or until his successor is elected, and also within 30 days after the

LEGISLATIVE JOURNAL-HOUSE August 12, - --

adjournment of any regular or special session. file an account together with supporting documents whenever possible, in the office of the minority party member of the committee on appropriations of the Senate of his expenses since the filing of the prior account . . . . . . . . . . . . . . . . . . . . . . . . . . . . 360,000

For the payment to the special leadership account (D) for payment of salaries, wages and all other incidental expenses incurred in hiring personnel and staff for services which in the opinion of the majority leader may he required or arise during le islative sessions and during the interim aetween legislative sessions and for the payment of all other expenses related to the performance of his duties and responsibilities. The sum appropriated shall he paid on warrant of the State Treasurer in favor of the majority leader on the presentation of his requisition for the same. The majority leader shall, not later than 30 days after the termination of his term of office or until his successor is elected and also within 30 days after the adjournment of any regular or special session, file an account together with supporting documents whenever possible in the office of the majority leader of such expenses since the filing af the prior account . . . . . . . . . . . . . . . . . . . . . . . . . . . . 850,000

For the payment to the special leadership account (R) for payment of salaries, wages and all other incidental expenses incurred in hiring personnel and staff for services which in the opinion of the minority leader may be required or arise during legislative sessions and during the interim between le islative sessions and for the payment of a17 i the r expenses related to the performance of his duties and responsibilities. The sum appropriated shall he paid on warrant of the State Treasurer in favor of the minority leader on the presentation of his requisition for the same. The minority leader shall, not later than 30 days after the termination of his term of office or until his successor is elected and also within :I0 days after the adjournment of any regular or special session, file an account together with sup orting documents whenever possible in tRe office of the minority leader of such expenses since the filing of the prior account . . . . . . . . . . . . . . . . . . . . . . . . . . . . 850,000

For allocation in such amounts as may he designated by the Legislative Management Committee (D) to the several standing committees (other than the Appropriations Committee) of the Senate for payment of compensation of counsel, research assistants and other staff personnel hired and assigned to work on behalf of the chairman and the majority members of such standing committees of the Senate and for other necessary expenses incurred. Upon presentation of requisitions by the Chief Clerk of the Senate for such compensation or expenses, such shall he paid on warrant of the State Treasurer directly to and in favor of the persons designated in such requisition as entitled to receive such compensation or expenses. An accounting, together with supporting documents whenever possible, shall be filed in the office of the Chief Clerk of such expenses since the filing of the prior account. . . . . . . . . . . . . . . . . . . . . 1,870,000

For allocation in such amounts as may be

designated by the Legislative Management Committee (R) to the several standing committees (other than the Appropriations Committee) of the Senate for payment of compensation of counsel, research assistants and other staff personnel hired and assigned to work on behalf of the minority members of such standing committees of the Senate and for other necessary expenses incurred. Upon presentation of requisitions by the Chief Clerk of the Senate for such compensation or expenses, such shall be paid on warrant of the State Treasurer directly to and in favor of the persons designated in such requisitions as entitled to receive such compensation or expenses. An accounting, together with sup-

orting documents whenever ossible, shall !e filed in the office of the &ief Clerk of such expenses since the filing of the prior

. . . . . . . . . . . . . . . . . . . . . . . . . . . . account 1,530,000 For the Commonwealth Emergency

Medical System. . . . . . . . . . . . . . . . . . . . . . 50,000 For the President pro tempore's share of

the expenses of the Commonwealth Com- pensation Commission . . . . . . . . . . . . . . . . 25,000

To the House of Representatives For the salaries,-wages and all necessary expenses for the Sol.

lowing purposes: Salaries of representatives and extra

compensation to the Speaker of the House of Representatives . . . . . . . . . . . . . . . . . . . 5,350.000

Salaries and wages for per diem and session officers and employees, including re- turning officers. . . . . . . . . . . . . . . . . . . . . . 2,500,000

Salaries of salaried employees of the . . . . . . . . . . . . . . House of Representatives 3,000,000

Salaries of employees of the Chief Clerk 625,000 Security officers. . . . . . . . . . . . . . . . . . . . 38,000

Mileage: Representatives, officers and employees 675,000

Postage: . . . . Chief Clerk and Legislative Journal 225,000

Contingent expenses: S eaker . . . . . . . . . . . . . . . . . . . . . . . . . . 20,000

. . . . . . . . . . . . . . . . . . . . . . . ~ R i e f Clerk. 200.000 . . . . . . . . . . . . . . . . . . . . . . . . . Secretary 65,000

. . . . . . . . . . . . . . . . Majority floor leader 6,000 Minority floor leader . . . . . . . . . . . . . . . . 6,000

. . . . . . . . . . . . . . . . . . . . . Majority whip 3,000 Minority whip . . . . . . . . . . . . . . . . . . . . . 3,000 Chairman of majority caucus. . . . . . . . . . 3,000

. . . . . . . . . Chairman of minority caucus. 3.000 Secretary of majority caucus . . . . . . . . . . 3,000 Secretary of minority caucus. . . . . . . . . . 3,000 Chairman of majority Appropriations

. . . . . . . . . . . . . . . . . . . . . . . . . Comm~ttee 6,000 Chairman of minority Appropriations

Committee . . . . . . . . . . . . . . . . . . . . . . . . . 6,000 Chairman of majority Policy Committee 2,000 Chairman of minority Policy Committee 2,000 Majority caucus administrator. . . . . . . . . 2,000 Minority caucus administrator . . . . . . . . 2,000 The above appropriations for postage and for contingent ex-

penses shall he paid prior to the payment of such expenses on warrant of the State Treasurer in favor of the officers above named upon the presentation of their requisitions for the same: provided, that the total amount of requisitions for advance- ments less the total amount of expenditures made as certified by such officers to the State Treasurer shall not exceed the amount of the bond of the officer having control of the dis- bursement from the funds advanced.

Miscellaneous expenses: Incidental expenses . . . . . . . . . . . . . . . . . 1,000,000 Expenses, representatives: in addition to

annual reimbursement for expenses hereto-


fore authorized by law for each member of the House of Kepresentatives, each member shall he entitled to reimbursement for actual expenses, not exceeding the sum of $2,500, incurred for lodging and meals while away from home on official legislative husiness, official postage, staff and all other expenses incidental to legislative duties. Such additional accountable expense amount shall he available for all such accountable expenses incurred during the fiscal year 1977-1978 . . . . . . . . 1,523,000

Legislative printing and expenses . . . . . . 2,850,000 Attending National Legislative confer^

ence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80,000 Attending meetings of the Council of

State Governments. . . . . . . . . . . . . . . . . . . 5,000 The ahove appropriation for attending National Legislative

Conference shall be paid to the Chief Clerk of the House and the appropriation for attending meetings of the Council of State Governments shall he paid to the Speaker of the House in the same manner and under the same conditions as the appropriations for postage and contingent expenses above.

For the payment of the expenses of the Committee on Appropriations (D) of the House of Representatives in investigating schools, colleges, universities, correctional institutions, mental hospitals, medical and surgical hospitals, homes and other institutions and agencies supported, in whole or in part, by appropriations from the State Treasury in analyzing reports, expenditures and the general operation and administration o f said institutions and agencies in examining and analyzing request of the same and of the various departments, hoards and commissions of the Cammon- wealth, and for the collection of data from other states attending seminars, conferences, and in cooperating and exchanging information with legislative budget and financial committees of other states, and any office expenses necessary to serve the committee and its chairman, and for the necessary clerical assistance and other assistance, travel expense and all other expenses in compiling data and information connected with the work of said committee in cc~mpiling comparative cost and other fiscal data and information for the use of said committee and the House of Representa- tives during legislative sessions and during the interim hetween legislative sessions to the discharge of such duties, The committee shall have the authority to examint: and in^ spcsct all properties, ~quipment, facilities, files, records and accounts of any statc office, 3epartment. institution, hoard, coni- mittee, commission or agency or any institution or agenry supported in whole or in part by appropriations from the State Treasury and to administer oaths. The committee may issue subpoenas under the hand and seal of the chairman to compel the attendance of witnesses and the produr- tion of any papers, books, accounts. documents and testimony triuching matters properly being inquired into hy thp pomrnit- tee and to cause the drpnsition of witnesses either residlng within or without the state to hc taken in the manner prescribed hy law for taking depositions in civd actions. The sum a11pri)priatcd shall be paid on warrant of the State Treasurer in favor of the chairman of said committee on thr prest,ntation af his requisition for the same. The chairman of the Cnnimittii<, r,n Appro-

priations shall, not later than 30 days after the termination of his term of office or until his successor is elected and also within 30 days after the adjournment of any regular or special session, file an account together with supporting documents whenever possible in the office of the Appropri- ations Committee of the committee's expenses since the filing of the prior account :360,000

For the payment of the expenses of one minority party member of the Committee on Appropriations (R) of the House of Rep- resentatives designated by a majority vote of the mipority party House of Representa- tives caucus for investigating schools, colleges, universities, correctional institutions, mental hospitals, medical and surgtcal hospitals, homes and other institutions and agencies supported, in whole or in part, by appropriations from the State Treasury in analyzing reports, expenditures, and the general operation and administration of said lnstitut~ons and agencies in examining and analyzing requests of the same and of the various departments, hoards and commissions of the Commonwealth and for the collection of data from other states attending seminars, conferences, and in cooperating and exchanging information with legislative hudget and financial committees of other states, and for the necessary clerical assistance, and other assistance, travel expense and all other expenses in compiling data and inf~~rmation connected with the work of said committee in compiling comparative cost and other fiscal data and information for the use of said cummittt>e and the House of Representatives during legislative sessions and during the interim between legislative sessions to the discharge of such duties. The sum appropriated shall be paid on warrant of the State Treasurer in favor of the member so designated by the majority vote of the minority party House of Rep- resentatives caucus on the presentation of his requisition for the same. Such lnemher so designated shall, not later than 30 days after the termination of his term of office, or until his successor is elected, and also within 30 days after the adjournment of any regular or special session, file an account together with supporting documents whenever possihle, in the office of the minority party m~mher of the Committee on Appropriations of the House of Repre- sentatives of his expenses since the filing of the prioraccount . . . . . . . . . . . . . . . . . . . . . :160,000

For the payment to the special leadership account (Dl for payment of salaries. wages and all other incidental expenses incurred in hiring personnel and staff for services which in the opinion of the majority leader may he required or arise during legislative sessions and during the interim between legislative sessions and for the payment of all other expenscs related to the performance of his duties and responsibilities. The sum appropriated shall he paid on warrant of the State 'Treasurer in favor nf the majority leadt!r on the prestintation of his requisition for the same. The majority leader shall, not later than 30 days after the termination of his term of office or until his successor is elected and also within :iO days after the adjournment of any regular or special session, file an account together

ATIW JOURNAL-HOUSE August 12,

with sup orting documents whenever possible in tKe office of the majority leader of such exnenses since the filine of the orior ~~ ~

account . . . . . . . . . . . . . . . . . . . . . . . . . . . . For the payment to the special leadership

account (R) for payment of salaries, wages and all other incidental expenses incurred in hiring personnel and stiff for services which in the opinion of the minority leader may he required or arise during legislative sessions and during the interim between le islative sessions and for the payment of a1 f other expenses related to the performance of his duties and responsibilities. The sum appropriated shall be paid on warrant of the State Treasurer in favor of the minority leader on the presentation of his requisition for the same. The minority leader shall, not later than 30 days after the termination of his term of office or until his successor is elected and also within 30 days after the adjournment of any regular or soecial session. file an account toeether w ~ t h sup orting dc*.umrnl> ul t r t~ , \ v r p<,r- d lb l~ in t R c ,,iflct$ of tht. mlnnrrtv Iv.uJcr suvlt rxpvt1st.s ~ I I I C ~ the i i l i n ~ o t III~, prior

. . . . . . . . . . . . . . . . . . . . . . . . . . . . account For allocation in such amounts as may he

designated by the Legislative Management Committee 1DI to the several standine committees (other than the ~ppropr;itions Committee) of the House for payment of compensation of counsel, research assistants and other staff personnel hired and assigned to work on behalf of the chairman and the majority members of such standing committees of the House and for other necessary expenses incurred. U on presentation of requisitions by the ~ { i e f Clerk of the House for such compensation or expenses, such shall he paid on warrant of the State Treasurer directly to and in favor of the persons designated in such requisition as entitled to receive such compensation or expenses. An accounting, together with sup orting documents whenever os sible, sha! he filed in the office of the d i e ; Clerk of such expenses since the filing of the prior account. . . . . . . . . . . . . . . . . . . . .

For allocation in such amounts as may he designated by the Legislative Management Committee (R) to the several standing committees lother than the Aoorooriations . . . ~ornmitGei of the House for uavment of .......... ~~. ~- ~ ~ - - ~ ~ ~~ . " compensation of counsel, research assistants and other staff personnel hired and assigned to work on behalf of the minority members of such standin# committees of the House and for other necessary expenses incurred. Upon presentation of requisitions hv the Chief Clerk of the Huuse for such compensation or expenses, such shall he paid on warrant of the State Treasurer directly to and in favor of the persons designated in such requisitions as entitled to receive such compensation or expenses.

penses since the filing of the prior account For the Commonw~aith fi:nler~rt>ncv . .

Medical System. . . . . . . . . . . . . . . . . . . . . . For the Speaker of the House of Repre-

sentatives share of the expenses of the Commonwealth Compensation Commission

To the 1,egislntivr Referenre Bureau For salaries, wages and all nc3ressary

expenses for the work of the Legislative Reference Bureau including the document law section . . . . . . . . . . . . . . . . . . . . . . . . . 1,208,000

For contingent expenses connected with the work of the Legislative Reference Bureau to he paid on warrants of the State Treasurer in favor of the director of the presentation of his requisitions for the same. The director shall file accounting of said expenses together with su porting documents whenever possible in J e office

. . . . . . of the Legislative Reference Bureau 10,000 For the printing of laws (including the

Pennsylvania ConsolidatedStatutes) . . . . . 120,000 Advance co ies of statutes and volumes of the laws of Penn-

sylvania shalfhe printed under contracts entered into by the Legislative Reference Bureau (without the intervention of any other state agency or officer and without regard to any other statute regulating printing contracts) and distributed (without regard to any other statute regulating distrihution of laws) as determined by the Bureau and moneys from sales shall he paid to the Bureau or the Department of General Services, as the Bureau shall determine, which shall pay the same into the State Treasury to the credit of the General Fund. Such moneys are hereby appropriated from the General Fund to the Legis- lative Reference Bureau for the printing of such laws.

For the printing of Pennsylvania Bulletin and Pennsylvania Code. . . . . . . . . . . . . . . . 630,000

For special legal fees . . . . . . . . . . . . . . . . 65,000 To the Legislative Budget and Finance Committee

For the salaries, wages and all necessary expenses for the work of the Legislative

. . . . . . . . . Budget and Finance Committee 317,000 To the Legislative Data Processing Committee

For the operation of the Legislative Data 'Processing Center . . . . . . . . . . . . . . . . . . . ,925,000

To the Joint State Government Commission For the salaries, wages and all necessary

expenses for the work of the Joint State Government Commission to he paid on warrants of the State Treasurer in favor of the chairman of said commission on the presentation of his requisition for the same. the chairman shall file an accounting of said expenses together with su porting documents whenever possible in tge office of the Joint State Government Commission 990,000

To the Local Government Commission For the salaries, wages and all expenses

necessary for the work of the Local Govern- ment Commission . . . . . . . . . . . . . . . . . . . . 192,000

For the compilation and distribution of various municipal codes . . . . . . . . . . . . . . . 80,000

To the State Legislative Air and Water Pollution Control Commission

For the salaries and expenses of the State Legislative Air and Water Pollution Con- trol Commission . . . . . . . . . . . . . . . . . . . . . 125,000

Any officer, commission, agency or committee of the Legis- lative Department having received an advance appropriation hereunder shall:

(1) Deposit all moneys advanced in the name of the Common- wealth in a state depository and certify the name thereof to the State Treasurer.

(2) Not later than :3O days after the termination of his term of office. or until his successtlr is elected and also within 30 days after the adjournment of any regular or special session. filk in the office receiving such advance an account of the ex. penditures of such funds together with supporting documents whenever y , i b l r .

Tot e Lhlef Clerk of the House of Re~reselltatives And thesecretary of the Seiiate'~oint1y

For the purchase of Pennsylvania. National and Bicentennial flags to be sent to residents of Pennsylvania . . . . . . . . . . . . 40.000

To the Legislative Audit Advisory Commission For the salaries, wages and all expenses

LEGISLATlVE JOURNAL-HOUSE

necessary for the work of the rommission. 100,000 111. Judicial 1)epartment

For the salaries, wages and all necessary expenses for thr following purposes:

Supre~ne Court For the salaries and expenses of the

Supreme Court; including the salaries and expenses for the Supreme Court judges, for the office of Prothonotary and for the library in the Eastern District and Western District, for the office of Prothonotary in the Middle District, for criers, tipstaves. official stenographers, court officers and the law secretary of the Chief Justice in Eastern, Middle and Western Districts and Workmen's Compensation insurance premiums for all Supreme Court employees, for the office of State Re- porters; including the salaries and compensation of employees and expenses of judges: including the fees for Prothonotaries of the Supreme Court of the Eastern, Middle and Western Districts on assignment to judges to counties other than their own; including the salaries and expenses of the State Board of Law Examiners; including the J u ~ dicial Inquiry and Review Hoard; including printing and miscellaneous expenses; including the expenses of Procedural Rules Committees. . . . . . . . . . . . . . . . . . . . . . . . . 2,675,000

Court administratrjr, including the expenses of the .Tndicial Council of Pennsyl- vania and the District .lustice administrator created by the Act of July 15, 1976 (P. L. 1014, No. 204). . . . . . . . . . . . . . . . . . . . . 1,198,000

Superior Court For the salaries and expenses of the

Superior Court; including the salary and expenses of the Superior Court judges, for criers, tipstaves, official stenographers, court officers and law secretary of the President Judge and Workmen's Compen- sation insurance premiums for all employees of the Su erior Court, for the Prothonotary's oPfice in the Philadelphia District; including salaries and compsn- sation for employees and expenses of judges; including the expenses of dockets. stationery, supples, hooks for the library and other costs of the Superior Court and its offices. . . . . . . . . . . . . . . . . . . . . . . . . . . 1,575,000

Commonwealth Court For the salaries and expenses of judges

and employees. . . . . . . . . . . . . . . . . . . . . . . 2,000,000 Courts of (:ommon Pleas

Courts of Common Pleas: including the salaries and expenses of judges; including the expenses of traveling judges; including the mileage in divided judicial districts; including the salaries and mileage of associated judges . . . . . . . . . . . . . . . . . . . . . . . . 16,845,000

No allocation shall he mads from this appropriation for the payment of a per diem salary, mileage, and miscellaneous expenses to retired or active visiting judges for the performance of their official duties.

For the payment of a per diem salary, mileage, and miscellaneous expensts to retired or active visiting judges for thc performance of their official duties . . . . . . . . . 500,000

Community Courts - llistrict Justices of the Peace For the salaries of Community Court

judges and district Justices of the.Peace. . . 12,:340,000 Philadelphia Traffic Court

For the salaries and expenses of judges . . 170,000 Philadelphia Municipal Court,

For the salaries and expenses of judges . . 1,092,000

For law clerks, one for each judge, ex- . . . . . . . . . . . . cluding the President Judge 13:3,000

Miscellaneous For the payment to the counties in reim-

hursement of the direct costs incurred by the counties in the administration and op- eratinn of all courts and for offices of justices and judges of the Supreme, Superior and Commonwealth Courts in the county of their residence. Costs incurred hy the counties in the administration and operation of all courts means costs as reported to the Department of Community affairs in the county's annual financial report forms under the heading (A) "Judicial," but confined to the subheading: (160) Courts, excluding capital outlay. If a city coterminous with a county does not report on the Department of Community Affairs' form, its figures from the same subheading, set forth in the department forms, shall be used: provided, that such payments shall be made to the county treasurer and in cities of the first class coterminous with counties of the first class to the city treasurer: and, provided further, that in the event the amount herein appropriated is not sufficient to reimburse all such costs, payments shall be made to the counties in the proportion which the costs of each county bears to the total costs of all counties during the most recently completed fiscal year: and, provided further, that in making allocations and payments hereunder, the Court Administrator of Pennsylvania shall, except for county offices of justices and judges of the Supreme, Superior and Com- monwealth Courts, exclude all costs which are not properly reportable under the heading herein ahove specified. . . . . . . . . . . . . . 24,000,000

Section 3. This act is not intended to be inconsistent with or to repeal any provision of any act enacted a t this or any prior session of the General Assembly regulating the purchase of supplies, the ordering of printing and binding, the purchase, maintenance and use of automobiles, the method of making payments from the State Treasury for any purpose or the func- tioning of any administrative department, board or commission.

Section 4. No appropriation made by this act to any department, board, commission or agency of the executive department shall be available unless and until such department, hoard, commission or agency shall have complied with sections 604, 605 and 606 of "The Administrative Code of 1929."

Section 5. The term "employees" as used in this Act shall include all directors, superintendents, bureau or division chiefs, assistant directors, assistant superintendents, assistant chiefs, experts, scientists, englneers, surveyors, draftsmen, ac- countants, secretaries, auditors, inspectors, examiners, statisti- cians, marshals, clerks, stenographers, bookkeepers, mes- sengers and other assistants in any department, hoard or cum- mission.

Section 6 . The term "expenses" and "maintenance" shall include all printing, binding and stationery, food and forage, materials and supplies, traveling expenses, training, motor vehicle supplies and repairs, freirht, express, and cartage, postage, telephones and telegrapk rentals and toll charges, newspaper advertising and notices, fuel, light, heat, power and water, minor construction and renovation, repairs or recon- struction of equipment, buildings and facilities, rent of real estate and equipment, premiums on Workmen's Compensation, insurance premiums on policies of liability insurance, premiums on medical payment insurance and surety bonds for volunteer workers, premiums on employee group life insurance, and employee and retired employee group hospital and medical insurance, payment of the Commonwealth's share of social security taxes and unemployment compensation costs for state

2352 LEGISLAnVE JOURNAL-HOUSE August 12,

employees, thr purchase of replacement or additional equipment and machinery and all other incidental costs and Expenses, including payment Lo the Department of General Services of mileage and other cllarges for the use of biles and rental payments for prrmanently assigned automobiles and of expenses or costs of services incurred through the Purchasing Fund. The term "expenses" also shall include the medical costs for the trpatmint of innrates of state institutions when thr, inm;ctr must be transferred to an outside hospital: provided, that in nn case shall the state institution pay more for patient care than that provided under the State Medical As- sistance I'rogram.

Section 7. Purchase of supplies, materials and equipment shall not he deemed to he committed or rncumbered until contracts covering said purchase have heen entered into with the vendors.

Section 8 . (a) In addition to the amounts appropriated by this Act, moneys received in payment for food and household supplies furnished to employees and other persons, except In- mates, by an institution, and nloneys from the pro. ceeds from the sale of any products of the soil, meats, livestock, timher, or other materials sold hy the Department shall be paid into the General Fund and are hereby appropriated out of the ~~~~~~l ~~~d to the several respective institutions for the operation and maintenance of said institutions.

(h) In addition to the amounts appropriated by this Act, all moneys received from any other source, except the Federal G ~ ~ ~ ~ ~ ~ ~ ~ ~ , as for the programs provided herein, or as peyment for services or materials furnished by one institution to another, except those collections designated as revenues, shall be paid into the General Fund and are hereby appropriated out of the ~~~~~~l ~~~d for the purposes of the respective appropriations.

(c) In addition to any funds specifically appropriated by this Act, all moneys received by a department or agency of the Com- monwealth from any other source. except the Federal Government, as contributions or supplements to the Ue- partment or agency for a program or administration of an Act included in this Act shall he paid into the General Fund and credited to the appropriation for that program or administration of the Act.

section 9, ~ 1 1 by the state Treasurer in ac. cordance with the Act of June 30,1977 (No. 4-A), entitled "An Act making an appropriation to the State Treasurer fur the purpose of paying salaries and wages of state officers and employees and other ordinary and general expenses in the interim between June 30. 1977 and August 1, 1977, and for the payment of bills incurred and remaining unpaid a t the close of the fiscal year ending ,June 30, 1977," shall he charged against the appropriations made for the salaries and wages of the officers and employees and other ordinary and general expenses of the State Government in this Act.

Section 10. (a) Except as provided in subsection (c), that part of all appropriations in this ~~t unexpended, and unencumbered as of June :30, 1978 shall automatically lapse as of that date.

(h) It is the intent of the General Assembly that moneys made available to the ~ ~ ~ i ~ l ~ ~ i ~ ~ D~~~~~~~~~ un. spent and unencumbered from appropriations made for fiscal year 1975.1916 shall lapse into the General Fund.

(c) The appropriations to the Legislative Department shall he continuing appropriations.

Section 11. This Act shall take effect immediately.

On the question. Will the House concur in the Senate amendments?

Mr. PIEVSKY. Mr. Speaker, I ask that the House do concur in the Senate amendments.

On the question recurring, Will the House concur in the Senate amendments?

The SPEAKER. The Chair recognizes the gentleman from Lebanon. Mr. Seltzer.

Mr. SELTZER. Thank you, Mr. Speaker. HB 1349, that is on our calendar, has nothing to do really

with HH 1349 when it passed this House sometime prior to this date. The other body has seen fit to insert in HB 1349 their version o f a general fund budget,

Mr. the ask for recognition is to 'love for the suspension of rule 30 so that I may offer a stopgap amendment to ~ p , 1349, which will & full funding for the entire year to the welfare recipients. This would include Federal aug- mentations as well as state dollars, and it will fund state government for a period until September 15.

POINT OF ORDER

The SPEAKER. The Chair recognizes the gentleman from 1,ehigh. Mr. Ritter. For what purpose does the gentleman rise?

Mr. RITTER. I rise to a point of order. ~ h , SPEAKER, ~h~ gentleman will state it, Mr. RImER. Mr. Speaker, the gentleman is talking about an

amendment that is not before the House. Is it in order for him to do

The SPEAKER. In the opinion of the Chair, the gentleman is explaining the purpose of the motion which he is about to place. ~h~ chair recognizes that the gentleman, M ~ . ~ i t t ~ ~ , under strict construction, may be correct. But the Chair would ask the gentleman, Mr. Ritter, to forgive the gentleman from Lebanon and give him the latitude necessary for him to explain his particular posture.

FILMING PERMISSION GRANTED ~ h , SPEAKER. ~h~ chair at this tirne wishes to announce

that he has given permission fur still pictures and videotape TV pictures to be taken on the floor of the House. Those pictures will he taken under the supervision of M ~ , ~ ~ ~ ~ ~ ~ h l i ~ , H~ will

watch very carefully to see that no breach of etiquette is permitted.

D~~~ the M ~ , nitter, have further query? Mr. RITTER. Yes, Mr. Speaker. I do not have any objections

if the gentleman, Mr. Seltzer, wants to tell this House that he has an amendment and that is why he wants to suspend the rules, but I do object if he is going to describe the amendment before, in fact, we have taken a vote to suspend the rules.

The SPEAKER. Will the gentleman, Mr. Seltzer, place his motion before the House and, if the gentleman cares, the House will not vote on the motion until the gentleman has had an opportunity to argue the reason for the motion.

MOTION TO SUSPEND RULES

Mr. SELTZER. I place before the House a motion that the House suspend rule 30 for the single purpose of my being given the opportunity to offer an amendment, as I just described, which the gentleman from Lehigh objected to my doing a t the time.

The SPEAKER. The Chair recognizes the majority leader. Mr. MANDERINO. Mr. Speaker, I oppose the motion to

suspend the rules. This parliamentary maneuver, in my opinion, is an attempt to prolong a fiscal crisis that is already 6

LEGISLAnVE JOURNAL-HOUSE

and fine tuning have come and gone. Mr. Speaker, the moment of decision is a t hand.

The Republicans who want to amend this bill now had a chance to do so in June. Their efforts amounted a t tha t time to adding $24 million in increased spending to a bill that already would have required $500 million in new taxes. Now that a permanent solution is within our grasp, this amendment to this hill, an attempt as Mr. Seltzer has said to insert stopgaps, in my opinion, is just anything to prolong the uncertainty, the chaos, and to provide more opportunity for political rhetoric.

Stopgap spending does not solve problems; i t postpones them. Anyone who knows anything about state budgeting, as I am sure Mr. Seltzer knows, knows this. If the attempt should succeed, the Kepublican Party will be known, in my opinion, as the party that undermined the fiscal stability of the Common- wealth. The Kepuhlican Party will be the party that forced stopgaps on the people ofPennsylvania.

Yesterday, 46 memhers of this House on the Repuhlican side of the aisle voted for a school subsidy bill; 46 memhers of this House on that side of the aisle. That hill will require $100 million in new spending. Even the Repuhlican floor leader in the Senate recognized this and said that that hill, that 46 of you voted for, could nut he funded unless new revenues were found. They are not going to be found in stopgaps. They are only going to he found if this House passes HR 1349 and it becomes law.

weeks old and i t is entering i ts most critical stages. Those who want to, a t this late hour, change the hill and

thereby set hack the process by days and possible weeks have missed their chance. The hours for modifying and tinkering

Do not losr control of this hill by subjecting i t to another vote in the Senate. The last time wt: sent a budget hill to the Senate. we did not see it for another 6 long weeks, lung painful weeks. Those who vote for this maneuver at this late hour risk, in my opinion again, being accused of obstructionists' tactics.

We are very close. in my opinion. to resolving the budget deadlock. If this bill passed tonight. we could he finished by tomorrow. I urge all memhers to vote "no" on the move to suspend the rules.


rules which would have permitted us to do that without suspending our rules. We are now in the same position on HB 1349. I wanted to make that statement to make the record clear.

The SPEAKER. The Chair recognizes the gentleman from Al- legheny, Mr. Itkin.

Mr. ITKIN. Mr. Speaker, I think it would he foolish to provide for stopgap funding on a Friday evening. What is to be gained by passing stopgaps on a Friday evening? Those state employes who would be paid would not receive their checks on a Saturday and would not receive their checks on a Sunday. Nothing is to be gained by passing stopgaps prior to a weekend.

I t is my understanding that this House will remain in session this weekend in an attempt to provide for this Commonwealth a full-funded hudget for Pennsylvania.

I have indicated to this House earlier this week that if there would be an impasse where it would be impossihle to adopt a budget in a reasonable period of' time, I would support stopgap funding. I introduced a discharge resolution to provide a vehicle to this floor for that purpose. That vehicle will he in front of us tomorrow.

I t seems to me, Mr. Speaker, that it would he prudent for us to continue to see if we can this weekend provide for Pennsyl- vania a fnll-funded hudget. And if the results of both tallies show that that would he impossihle to occur come Sunday evening, I would be the first one to endorse such a move. Mr. Speaker, I strongly oppose the suspension of the rules for the purpose of passing stopgaps this evening.


Mr. SELTLER. Thank you, Mr. Speaker. By way of explanation, there are over 800,000 people in this

Commonwealth who are directly affected by not being able to receive their bimonthly checks.

I can understand the majority leader's political problem in trying to use every devise available to him to get enough votes to pass his budget and then to enact the taxes to pay for it . I understand that. I have been here a long time. We have done it

The SPEAKEK. The Chair recognizes the gentleman from Al- leyheny. Mr. Caputo.

Mr. CAPUTO. Mr. Spraker, on a similar move yesterday, a motion to suspend the rules, several Republicans got up and indicated that since rule XO was new we should not suspend thc rule. I can think particularly of Mr. DeVerter and Mr. Pott. Be that as it may. I noticed there were only 8 members of the Republican Party who voted to supend the rules yesterday. I hope that their record remains the same tonight.

Thank you. Mr. Speaker. Thr SPEAKER. Does the gentleman, Mr. DeVerter, desire to

renlv to the centleman. Mr. Carnuti,?

on this side and you have done it on your side. But, Mr. Speaker, I do not think it is right. I do not think it is proper. I do not think it is advisahltr. I would hate to believe that a majority of the members of this House would want to continue to use these over 800,000 people, some of them babes in arms, as pawns in a political contest here in the House af Kttpresenta- tlves tonight.

Mr. Speaker, I could argue with each and every person who has spoken on particulars. hut if I can just pick on my friend, Mr. Itkin, for a moment. Mr. Itkin. what in the heck is the difference between tonight or Sunday? The principle is the same. If you want to help poor people, the opportunity is now. Please. . .,

Mr. DeVERTER. Yes, Mr. Speaker. 1 rise to refute what the gentleman from Allegheny County. Mr. Caputo, had said.

I rose yesterday to suggest that we do suspend the rules so that members would have the opportunity to amend HB 67 as it came from the Senate. hasp11 on thr fact that in March when we adopted our House rules. I had offered an amendment to tht.

please. let us remove these unfortunates as a ploy to twist arms and generate votes for other purposes. Support our motion to suspend rule 30.

The SPEAKER. The Chair rrn,gnizes the gentleman from Le- high. Mr. Zeller.

Mr. ZELLEK. Mr. Speaker. 1 agree with what Mr. Itkin has

They both are stopgap amendments. On? is just welfare stopgaps to September 15, with the other general funding of the Commonwealth. I am not offering that amendment.

The only amendment that I alir offering is stopgaps for general government up to the 15th of September and full-year funding of welfare a t the Ievc4s in HB 1i341) a s it passed the Senate. I have not used my figures. I have used the figures that have heen suggested to us by thc otlicr hody arid apparently agreed to by the administr;ition.

Mr. Speaker. I can only further s ;~y that 1 know of nn other amendments that have heen circulated. If there are. I have no knowledge of that. I can only say r r n h ~ h a l f of myself arid the elected leadership of our caucus th;it we do not ititend to support any other amendments to this hill :at this time ulidn. this rule suspension. That is a s clear and as honest a s I can make it for you, Mr. Speaker.

2354 LEGISLATIVE JOURNAL-HOUSE A u g u s t 12,

The SPEAKEK. Thc~ Chair recognizes the minority lfadfr. Mr. BUTEKA. Mr. Spt,akcr. tlic point I tried to m;iki

yesterday 1 will make again t<xi;ty. T h t time, h : ~ long s i n r ~ d passed for Republicans to label 1)emocrats and 1)emocrats to label Republicans with ;my kind of ttmninolrrgy wh;~tsoevn.. I f we have not learned anything. a t lpast w~! should h;ivr learned hy now even those of you who havt: hetv lirre just 8 ni~inrhs . tha t divisiveness on critical qur~stions 1v:~ls to unnticessn1.y suffering.

There ;ire2 two grrlops of p t ~ q ~ l i who I tl~irik h;rvt, touchcd ;a11 of us. On" are thost, who h;tvra c,rrrJrs :11 st:ike ;lnd have donc nothing wrong, hut who tr;~vt, h ivn 1;11d ~ ~ f f or not 11:aid. ;and th r

said. I was part of the move to get involved with SR 250 with Mr. Itkin and many others.

I would like to interrogate Mr. Seltzer, if you do not, mind. The SPEAKEK. Will the gentleman from 1,ebanon starid for

interrogation? The gentleman indicates t h a t he will. The gentleman from Lehigh may proceed.

Mr. ZELLEK. Mr. Speaker, with all respect to you, let us get off the theatrical stuff now and get down to brass tacks. With this husiness of coming out with a stopgap now by suspending the rules, a re you in a position to tell me or would your leadership want to tell me and the members of this House what other gimmicks a re involved? Are there other amendments or just this one?

Mr. SELTZER. Mr. Speaker, a s I stand here I ran only speak for myself. I would like to speak for the entire members of our caucus, but 1 speak for the entire leadership of the 1lepublic;m Caucus. We have no intention of offering any other amendment to HB 1349 if you suspend this rule.

Mr. ZELLEK. The reason 1 am saying that to you is that I just wanted to let you know that there are other amendments. Mr. Speaker, we have in front of us scvcral amendrncnts that liave been circulated and that is why I asked the question. If you can tell me tha t they arc not going to he introduced-I still am going to go along with what my great leader Ivan has said. Hut I wanted you to know that I feel once these rules are suspended. I can see all kinds of gimmicks being promoted. That is why I said we should not vot,e for your move right now.

Mr. SELTZEIl. Mr. Speaker, I was just reminded that you will find two amendments on vour dt,sk with mv name on tlieni.

The SPEAKEK. The Chair recug~ii<rs tllr m;rjurlty lrc~del.. Mr. MANUERINO. Mr. Speaker. I am touched. Forty-six

Republicans votcd for a school subsidy hill that will cost $100 million. If that is to he paid for out of current revmue. $100 millioli must be cut from the rest of gt,ricral government operations unless you are willing to raise new revcnue. There is no question about that .

We have only put into the general government operations out of the $:100 milliolr in new revenues that we are talking about raising. $129 million. Take $100 million out and th~jse 7,000 to 10,000 eml~layrs who arp going to he laid off ;ire going to be laid off. That is what the stopgap means with the wav you treated IIB 67 by voting for it.

Where are those employes? 1 indicated in my speech last night that one out of evr,ry three of those s tate employes work in our ment;~l institutions. in 0111. institutions for thc retarded.

other a re people who a re totally dependent upon us. They are not parties to the deeper questions which divide us a s people. Both our caucuses are split, we know that. There is no majority in this House in favor of any th ing That is the problem. There has never been a majoricy this year on this question.

I suggest tha t we remove those people who are suffering unnecessary anxiety because the money is there from the larger and deeper philosophical question. And that we not recess, Mr. Itkin, hut we remove the unnecessary pressure which is on all of us and we si t down and talk about the different alternatives to solving this problem.

That is what Mr. Seltzer has suggested and nothing else. I think i t is unfortunate that we have not sat down; that you have attempted to go on your own. I do not think you can. I think the burden is too great. Maybe i t is my fault tha t we have not sat down. So choose ot,hers in our caucus. do not choose me, if 1 am a symbol. Choose geople you think you can get along with and talk t,o them seriously about other alternatives rather than this one alternative which, incidentally, is the only alternative ever presented in a serious manner to this House. Do not expect to develop a majority that way. You cannut do it. There are too many divergent views.

I suggest, then, tha t we get on with our business, that we alleviate the unnecessary pressurix on us and, more important than on us, on people whose lives are a t stake, be they s tate employes or the dependent people. We should have done i t in J u n e when I offered to do it then hut we did not. Let us do it now. Let us relieve the unnecessary hardship tha t has been placed upon Pennsylvanians.

and in county programs for those unfortunate people. And your vote and your :rttpmpt to impose stopgaps this evening leaves everyone of the people who receives thilsr services out. And I say we do not want la do that: we should not want to do thtit and wp should face the issue that is before us. HH l:il>l.

1113 I:{l!) ;,nil the I~udget , r\-ht.ti we sent it from the Hnuse. s p i ~ l t ti w r ~ > k s il i the Scmate getting lirrc. There is no one who belicvrs th:it putt~lrg stnpg;lpi in t 1 i ~ hril : ~ n d smding i t back tu the Senat? for concurrence is going tu do anything but delay the process and bring morr chaos. Sure, there are divergent vitvvs in this legislature: there always have h r m . Not only from party to party but within each of our caucuses there are diver-


gent views, and those divergent views, year af ter year, become molded in time to a consensus of a compromise situation where hoth parties eventually participate in the solving of that prohlem.

I think we are near that. We are ritlar solving the entire pnlh- lem and we should not turn hack the clock and star t the process all over. That is what a vote to suspend the rules would be, starting all over.

The SPEAKER. The Chair recognizes the minority leader. Mr. RUTERA. Mr. Speaker, on the question the gentleman

raised about state employes, I should only like to offer this: In the month of July of this year and, in some instances. the first week of August of this year, this state operated under stopgaps, and there were no layoffs. There were none because the money is there. Thcre were no Layoffs in July and there will he none in August. I think it is wrong to delude people into thinking that there are or that there will he.

Secondly, last year as we were building a deficit each month which grew to some $156 million, there were no layoffs because the money was there to fund the needed services. There were perhaps other services which suffered, but the needed services did not because the money was there.

I suggest to you that those facts should be sufficient to dispel that argument. 1 do not think i t is fair to hold people hostayr: any longer.

Now, Mr. Speaker, there is a way to fund education, which was expressed to be the desire of this House yesterday, within existing revenues if you would but s i t down and listen to a t least one suggestion that I have that is different from yours. We have listened to yours now for months.

I think the least we ran do is take time and explorc other pos- sihilities which do not ignore the future problems that we are developing if we merely continue government as usual and continue to add unnecessary taxes.

The SPEAKER. The Chair recognizes the gentleman from Delaware, Mr. Garzia.

Mr. GARZIA. Yes, Mr. Speaker. Yesterday, we took a vote on HB 1349. Mr. Seltzer was here.

He voted in the negative. Yesterday, they were nut worried about anybody getting laid off or anybody not getting paid hecause 77 Republicans voted against that bill. Yet, if everybody is so high and mighty today to take care of everybody. why did not the 77 Kepuhlicans vote for this hill yesterday? I t is as simple as that. I do not underst,and why we want to suspend the rules to try for a stopgap. All hc has to do is say, let us bring the bill up and let 77 Republicans vote for it. Thank you,

'I'hp SPEAKER. Well, now you havt? the simple solution to it.

~h~ chair the gentleman fr,,,,, ~ ~ b ~ ~ ~ ~ , M ~ , Seltzer.

Mr. SELTZER. If I can remind the gentleman, among other reasons, my reasons and his reasons for voting against i t yesterday were probably very similar - neither of us wanted to vote for $300 million in additional taxes for programs tha t we do not agree with.

Now, Mr. Speaker, this is not, what I wanted this discussi~n to get into. I have heard enough political speeches from hoth

sides of the aislc on an issue which 1 do not think should be politicial.

Mr. Sljeaker, it is going t~ take not a simple majority of the members of this Houstt-

The SI'EAKER. Let the boos hr recorded for the record. Mr. SELTZER. Mr. Speaker, I would suggest to the House

that the members who booed will stand behind their hoos and 800,000-and-some people will be hurt needlessly.

Mr. Speaker, a simple majority of the members is worthless to suspend the rules. We need 102 memhers to suspend the rules. 1 understand the politics of this as well as any memher in this House.

I would have hoped that we could have grown out af political chaos into some humanitarian situation tonight to help people. I did not like what happened this week when they marched in the Capitol because I think they hurt their cause. But they do have a cause. I did not like when state employes marched in the Capitol today because I thought they hurt their cause. But they have a cause. Mr. Speaker, if we do not speak to the cause and speak to it as early as possible, then we are not doing what we have been elected to he responsible to do.

Mr. Speaker, I do want to put this into a political manner and say, if you vote against this motion, you are voting against pour people, and if you vote for i t , you are voting for poor people, but that is just what it is.

The SPEAKER. The Chair recognizes the gentleman from Clarion, Mr. Wright.

Mr. D. R. WRIGHT. Thank you, Mr. Speaker. This is the night that I have been waiting for. The Governor

presented a proposal in February, and Mr. Butera did not like it . I thought now we have roached a time in which we will have a proposal from the Republican side.

I do not think a member came to this House more willing to cooperate with the other side than I did. I t does not make any difference to me whether a person is Republican or Democratic, if he has a proposal that is worthwhile, if it makes government more effective and more efficient in this Commonwealth, I am willing to support it.

,rhe G~~~~~~~ brought his proposal in ~~h~~~~~ and the minority did not like it, and I waited, I waited through ~~h~~~~~ 1 waited through ~ ~ ~ ~ h , ~ ~ ~ i l , M ~ ~ , even through the of June, ~~d then came July, and finally on the 12th

A ~ ~ ~ ~ ~ , M ~ . speaker, we have the ~ ~ ~ ~ b l i ~ ~ ~ proposal. ~t is st,,pgapappropriati,ms.

We have another indication of the Republican proposal, ln a letter addressed to fellow House the ,,,inority leader said-and I actually hesitate to chastise the minority leader hecause he is a and hr,spitable gentleman, hut let the record show that he wrote tlr a group of Democratic members or a t least House memhers, saying:

There apparently is a group of Majority Members who would like to work out some kind of a cooperative budget plan which will earn the support of not only the House and Senate. . . hut also the taxpayers.

Perhaps some of you could meet, select a few representative Members, and initiate an approach to me. I believe wecan work together.

Now, Mr. Speaker, I submit to you that a freshman member

2356 LEGISLATNE JOURNAL-HOUSE August 12,

of this House would not have the audacity to initiate, to pro- on this one point-and we were, if you recall-and I suggest pose, to the minority leader a proposal. i that we stop calling each other names, that we eliminate the

1 feel a little hit like ;I young lady who is n~structcd by an un- willing suitor to propose a proposr~l.

I have wanted to cor,pt?ratt.. I have wanted to move toward and not against. I have wanted to cooperate and not compete. 1 have wanted to help and not to hurL But what we have had is worn-out speeches and hankrupt idras. WP haw? not had pro- posals that I can act on or. as rr freshman ~nemher of this House. I can vote on.

I suggest to you that the time for posturing has passed. The time for ohstructions has passed. The time for action has come. Let us help these 870.000 people, whom Mr. Seltzer is concerned about, hy voting for the hudget that is presently hefore us and voting down the ohstructionist move which we have before us.

provincial arguments which wert, pervading the question, and that we look a t the issue forthrightly. I made a proposal and I made it sincerely, and it went ignored. I understand that because you did not need me then.

In the latter part of June, I took the floor again when it appeared as though we were running into a July 1 deadline and there was no majority in this House or in the Senate. I suggested that we alleviate the suffering that I foresaw that was going to take place by agreeing to the second most major item in the hudget and my plea went unanswered. I can understand that because you did not need me then.

The point I am trying to make is that the time has come when you cannot go it alone. Only time drives us together. When we get together, the people win. When we stay apart and call each

The SPEAKER. The Chair recognizes the minority leader. Does the majority leader desire recognition?

Mr. BUTEKA. No, 1 do not. Mr. Speaker, hut I guess I am now called upon to continue to engage in something which is unnecessary.

I am sorry, Mr. Wright, if' I offended you by writing you a

do. And, therefore, it really has no need to meet with, discuss, On the question,

negotiate with the minority until a point of time arrives when Will the House agree to the motion?

there is a need to do so. I think that time is here.

other names, the people lose. Now, we have an opportunity to alleviate this House from the

unnecessary pressure and then we have an opportunity to discuss calmly and rationally if there is any other solution. If there 1s not, we have riot lost anything. We have indeed gained a sufficient amount of time so that we do not continue to develop unnecessary anxieties among people in Pennsylvania. That is the

note. When you are involved in government, in the minority.

majority-I have heen in both-you never, I guess, can really quite read the situation properly.

I thought that after we had a decent exchange yesterday that it was encumbent upon me to dr, whatever I could to help develop a coalition which would end up in a majority of this House.

When you are in the minority, Mr. Speaker, you do not act presumptuously. And it is for that reason that I used the word "initiate" in the letter and, if' i t offended you, I am sorry. 1 did not mean i t to.

What I was hoping was that of the various groups an your side that have heen resisting this budget as hard or perhaps harder hecause the pressure is greater than on the people on this side, tha t if you could get together, perhaps, we could all sit down and you could say, yes, we like the idea you put forth yesterday or we do not.

1 have it in writing. I would love to discuss it with people and I just do not think that unless you were trying to he facetious that my language should be misinterpreted in the way you did, But if i t offended you, I am sorry.

The point is this: In tight situations like this, particularly when there is an overwhelming majority in one party, anly time can drive people together, because the majority usually has a direction, which you have had, and it usually likes to meet the responsibilities which you have and which you have tried to

point I was trying to make and no other.

The SPEAKER. The Chair recognizes the gentleman from Al- legheny, Mr. Valicenti.

Mr. VA1,ICENTI. First of all, I would like to say that I should he home this evening because August 12, 1977, happens to he my 27th wedding anniversary. I guess my wife will be home in bed by herself. I hope so, anyhow.

The SPEAKER. For the information of the House, the Chair knows that the gentleman from Allegheny County is referring to the fact that his grandchild very often sleeps in the bed with his wife.

Mr. VALICENTI. No, my mother-in-law is with her. Anyhow, back in 1970, I believe, during the Shafer adminis-

tration, we went into stopgaps. If I am not mistaken-I stand to be corrected-we went into a hole of about $800 million, close to $1 billion, and a t that time, in 1971, we had to enact an income tax first of 3.5, which was ruled unconstitutional, and then we went into the 2.3 income tax.

I do hope we can come to some agreement here this evening, I hope tha t Mr. Seltzer and his colleagues will join us. He is so concerned about the welfare recipients and the people who are hardship cases that he should join with us and pass HB 1:349.

Yt:stcrday, if you can recall, I opposedany motion tosuspend the rules of the House. I urge everybody to vote in the negaLive on this and let us get on and vote this budget.

Thank you.

Let me give you two examples of what I am talking about. In June, when we were being held up in this House with dehate on SB 770, the Philadelphia school problem was holding us up. I saw that and I took this microphone, to the consternation of many in this House. I said, i t seems as though we are hung up


YEAS-77

Geesey Manmiller Scirica Armstrong Goebel McClatchy Seltzer


Bittle Hrandt Rurd Burns Butrra Cessar Cimini Daries DrVerter Diptz 1)ininni 1)orr Fisrhrr. R. K. Fisher. D. M. Foster. A.

Ahraham Arthurs Barher Bellomini Brloff Brnnrtt Berlin Rcrson Rittingrr norski Brown Brunner Caltagironc Caputo Cassidy (:ianriulli Cohm Colr Cowell DeMedio DeWeese 1)iCarlo 1)ornhrowski Ilonnturri Doyle Duffy Durn;~s Englehart Fr e

K U ~ L Knepper Lrhr

Greenleaf Mehus Grieeo Miller Halverson Muehlmann Hamilton Mnwery Hasay Noyc Haskell O'Brien, I). Hayes, I). S. O'Connell Hayes, S. E. Pancoast Helfrick Parker Howaman Piccola llopkins Pit ts Hutchinson. W. Polite Klinganran I'ott Levi I'vles , ~~

Lym,h Ryan Mackowski Salva tor~ Madigan Schraffer

NAYS-11:I

Flaherty Loguc Frycr Manderino Gnll;rghcr McCall Gamble MrIntyre Garzia McI.ane Gatski Meluskey Geislpr Milanovich Georgr. C. Milliron (;n,rgr. M. Misrevirh (;iammarco Morris Gillette Mrkonic Gleeson Mullen. M. 1'. Goodman Mullen. M. M. Gray Musto Grrmfidd O'Brien. R. Harper O'Donnrll Horffrl O'Krrfr Hut~.hinson, A. Oliver Itkin Petrarca .Johnson Pirvsky .Ton?s Pratt Kplly Prendergast Kprnirk Rappaport Kolter Ra r~ns t ah l Kawalyshyri Keed Laughlin Itenwi<.k Letterman Rhcides Lincoln Richardson Livmgi,i,d Rleeer

NOT VOTING-10

MrGlnnls Soencer Nnvilk Thomas Smith. L

Shuman Sirianni Smith. E. Spitz Stairs Taddonio Taylor. E. vn,<,n Wsgnrr Wass Wridner Wrnger Wilson Wright. J. L. Yohn Zesarfoss Zord

Rltter Ruggiero Scanlon Schmitt S ~ . h w e d ~ r Shrlton Shupnik Stapleton Strw;lrt Stuban Swc*t, Taylor, F. Tenagiio Trrllo Valirpnti Wansacz Wargo Whitr Wiggins Wisr Wright, 11. Yahnrr Zellrr %itt.erm;>n Zwikl

Irvis. Speaker

Williams Wilt

Arthurs R;irhpr Hellomini Heloff Hennett Rfrlir, Berson Bittingrr Borski Bmwn Brunnpr Caputo Cianciulli Cohen Colr IleMrdio Ili(~arlo Domhrowski Don;~turri Dumas Englrhnrt, 7.

I' U(1

Fryer Gallagher

Ahraham An~irrson Arnistn,ng Bittlr Hrandt Rurd nurns Hutcr:~ Cassldy Cessar Cimini Cowell I)av~es

Fishrr. TI M . Flaherty Foster. A. Foster. \I,.

YEAS-92

Gatski McIntyre ( k i s l ~ r Mrl.ane G ~ o r g ~ , C. M~luskey (;iammarrr, Milnnovich (;Iepson Milliron Goodman Mis,:rvirh Cmy Morris (:rwnfirld Mullen, M. P. Hnrprr Mullcn. M. M. Hasay Musto Hopkins Novak Hutr:hinson, A. O'Brien, R. Itkin O'Donnpll Johnson Oliver cJor~c!s I'elrarca Krlly I'irvsky Kowalyshyn Pratt I.sughlin Prrndergast I.etterman Rappaport I,ina,ln Kav~nstahl T.ivengood I t e d I.ogur Kenwick Manderino Hhodrs MrCall

NAYS-99

Frt,inil Mackowski Gallrn Madigan Gamhlc. Manmiller Gsrzia MrClatrhy Ceesey Mehus (;eorgv. M. Millrr (:illrttr Moehlmann Gorhel Mowrry Grrpnlraf Mrkonir Griero Noyp Halv~rson O'nrirn. 11. Ilamilton O'(:onni.ll Haskrll O'Kreb Hayes. I). S. Panroast llayrs, S . E. Parker Helfrick I'iccoli~ H<,rffrl i'itts Hunaman I',llitr Hutchlnson. W. I'ott Kernlck Pyles Klingaman Kuggien, Koltrr Ry;m Lehr Selva tor~ 1,evi Scheaffcr T.ynrh Scirlra

NOT VOTIN(;-9

Ri<:hardsun Kirger Kilter Scanlon Schmitt Srhwrdrr Shrlton Shupnik Strwert Stuban Trrllo wan sac^ Wargo White Wiggins Wisr Wright. D. Yahner Zitterman Zwikl

Irvis. S ~ e a k r r

Seltzrr Shuman Sirlanni Smith. E. Spita Stairs Stapleton Swrrt ~ e d d o n i o Taylor. F:. Taylor. F.

Vroon Wagner Wass Wridner Wenger Wilson Wright. J. L. Yohn Zearfoss Zellrr Zord

T h e gues t ion was de termined in t h e negat ive a n d t h e motion (:altagln,nr McGinnis Sprnrrr Williams Katz Snrith. I.. Thomas was not agreed to.

Will Knrpprr

O n t h e ques t ion rrr ,urring.

Will t h e House concur in t h r Ser ia t r arnendmi~nts '?

O n t h e ques t i o~ i recurring.

Will t h e House concur in t h e S e n a t e amendmen t s?

T h e S P E A K E R . Th i s vott:. t , r t h r informat ion of thi.

memher s of t h r press w h o des i r r t h a t informatl i ln. i s a fin:rl

vote on he ~ u e s t i o n 01 ( . O ~ C U L . I . ~ I I L I in Sena t e a m e n d m e n t s tc i

I RULES S U S P E N D E D TO R E C O N S I D E R V O T E

Less t h a n t h e major i ty requi red by t h e Cunst i tu t ion having

voted in t h e af f i rmat ive , t h r ques t ion w a s de t e rmined in t h e negative and the amendments were not concurred in.

Ordered . 'That t h r clerk inform thiz Si .nate acco rd~ng ly .

T h e S P E A K E R . T h e Chai r recognizes t h e major i ty leader.

Mr. MANDERINO. Mr . Speaker . I move t h a t t h e rules af t h i s Agreeable t o thii provisions r r f t h e Const i tu t ion . the following House he suspended so t h a t :t r i~c:<~nsidcration motion a l ready

roll call was rerordpd: of fered t o t h e Chai r c an he plared heforc thp House.


The SPEAKER. I t has heen moved hy the majority leader t h a t t h e rules of this House he suspended.

The Chair recognizes the gentleman from Lebanon, Mr. Seltzer.

Mr. SELTZER. Mr. Speaker, would the Chair again put the motion?

The SPEAKER. I t has been moved by the gentleman, Mr. Manderino, tha t thrt rules of the House he suspended for the sole purpose of considering a motion to reconsider the vote by which the House failed to concur in amendments inserted by the Senate t o HB 1349, PN 1890.

Mr. SELTZER. Thank you. Mr. Speaker. Would the majority leader permit himself to he interrogated? Mr. MANDERINO. Yes, Mr. Speaker. The SI'EAKER. The majority leader indicates that lie will

s tand for interrogation. The gentleman from Lebanon may proceed.

Mr. SPEAKEH. Mr. Speaker, would the majority leader consent t o amending his motion to include the suspension of

rule 30 to give us a n o p p ~ ~ r t u n i t y to c~ffer the amendment? Mr. MANDEKINO You continue to use dilatory tactics.

Except for the fact- Mr. SELTZER. I a m sorry, Mr. Speaker, I did not understand

the gentleman's response. Mr. MANDERINO. Mr. Speaker. the gentleman continues to

use dilatory tactics, rrhstructionistir tactics, dclay. rhaas. and 1 a m not interested.

Mr. SELTZER. Mr. Speaker, the gentleman took much too long to respond. Either a simple "yes" or "no" would have suf- ficed. Can the gentleman give us a n answer of "yes" or "no"?

Mr. MANLIERINO. I will not consent. Mr. SELTZER. The Chair thanks the gentleman. The SPEAKER. Not yet, Jack. Mr. SELTZER. Mr. Speaker, on behalf- The SPEAKEK. Mayhe af ter the next election: who knows. Mr. SELTZEK. -of the gcntlcnlan froni Westmoreland

County. I was thanking him, hec;~use if he would havc nln- sented, I think he would have lost.

The SPEAKER. The question is on the motion placed by the majority leader. Those in f a v ~ ~ r of suspending thp rules for thv sole purpose of considering a motion tr) rerr~nsider thr, voti. on HB 1349 will vote "ayr"; those opposed will vote "no"

On the question. Will the House agree to the tnotiirn?

The following roll c;rll was ~.ir.rrrd~d: I Abraham Andprson Armstrrmg Arthurs Barber Bellomini Bploff H~nnr t t Herlln Herson Hit,tlng?r

YEAS-158

Fishcr. I). M. Lev, Floh~rty 1,incoln Foster. A. I,iirngood Frrinrl 1,ogur Fryrr Mackowski Gnllagh~r Manderino (;nllm Mnnmillrr Oigrria MrCall (:atski MrIn t~r r (;~t,'it.y Mcl.nnp Gcislrr Mrhus

Richardson Kieger Rittpr Ryan Salvatorr Scnnlon S~.h~nffer Schrnitt Scharder Scirica St~ltt.rr

Bittlr George. C. Meluskey Shelton Horski Giammarco Milannvich Shu~nik Brandt Brown Rrunner Burd Butera Caltagirone Caputo Cassidy Cisnciulli Cimini Cuhen Cole Cawrll 1)avies DeMedio DeVert~r

Gill~tte Gleeson Goodman Gray Greenfield Greenleaf Grieco Halvcrson Harper Hasay Haskell Hayes. 1). S Helfrirk Hoeffel Honaman Honkins

Millpr Milliron Miscevich Moehlmann Morris Mowery Mrkonir Mullen. M. P. Mullen. M. M Musto Novak O'Brien, B. O'Connell VDonnell O'Keefp Oliver

Sirianni Smith, E. Spitz Stapleton Stewart Stuhan Sweet Taylor, F. Trello Valicenti Vroan Wagner Wansaez Wargn Wass White

DrWeese Hutchinsun, A. Petrarca Wiggins DiCarlo Itkin I'iccola Wise Dietz Johnson l'ievsky Wright. D. Dininni Jones Pratt Yahner Dombrowski Kelly Prendergast Yohn Donntucri Klinearnan Pvles Zeller 1)oyle ~ o l t e r Kappaport Zitterman lluffy Kowalyshyn Kavenstahl Zwikl 1)umas 1,aughlin Reed Englrhart I.ehr Kenwick Irvis, Fee Letterman Khodrs Speaker

Burns Cessar Dorr Fisrhpr. R. R. Foster. W. Gamhb Grorge. M. Gorhrl Hamilton

Hayrs. S. E. farkrr Taylor, E. Hutchinson. W. Pitts Tenaglio Kernick Polite Weidner Lynch Pott Wenger Madigan Ruggiero Wilson M~Clatrhy Shuman Wright. J . L Noye Stairs Xenrfoss O'Bripn, D. Taddonio Zord Panroast

NOT VOTING-8

Katr MrGinnis Spencer Willialns Knrpprr Smith. L. Tliomea Wilt

The question was determined in the affirmative and the m e tion was agreed to.

The SPEAKER. On the motion. the "ayes" are 158: the "nays" are 34. The majorlty required having voted in the affirmative. the rules of the House are suspended for the sole purpose of reconsidering the vote by which the House did not concur in Scnatc a m r n d m m t s inserted to IIH 1:14)).

H F ( ' O N S I I ) I ~ : R . ~ ~ l O S OF VUI'F U S ( ' O S ( ' I ' R H E N l ' F IN SENATE .\\fENI)MES'I'S'I'O HH 1349

Mr. RICHARDSON rnovrd that the vote by which the House nunconcurred in Srna t r amendments to HR 1349. PN 1890, on this day hc r ~ ~ o n s i d r r r d .

Mr. HI.:I.OI.'F senrnded the motinn.

On tht, q u ~ s t i o n . Will thp IIoust- ;igri.e to the motinn?

'The SPI.:tZKI.:K. 'This IS merely the questlor1 whether or not the House will now reconsidrr the voti,: it is not :I vote on the suhstnntivc ISSUP of the hill.

Those in f;tvur of the reconsider;ition niotion will vote "aye": those oppi i~ed "110"


On the question recurring, Mr. NOVAK. 1 rise to a question of personal privilege. Will the House agree to the motion? The SPEAKER. The gentleman will s ta te it.

The following roll call was rrcorded:

Abraham Fisher, D. M. Letterman Rhodrs Anderson Flahertv Levi Richardson Armstrong Foster. A. I.incoln Rieger Arthurs Foster. W. Livengood Ritter Barber Freind I.ogue Hyan Bellomini Fryer I.ynch Salvatorr B~loff Gallaghcr Markowski Sranlon Rennftt Gallen Manderino Srheaff~r Rerlin Gamble Manmiller Schmitt Berson Bittinger Bittle Borski Brandt Brown Brunner Burd Butera Caltagirone Caputo Cassidy Cessar Cianciulll Cimini Cohen

Donatucci DoyL Duffy Dumas Englehart Fee

Carria Gatski Grrsry Grisler George. C. George, M . Giammarco Gillette Gleeson Goodman Gray Greenfield Griero Halv~rson Harprr Hasav ~ i a s k e ~ ~ Hayes. I). S. Elelfrick Hoeffel Honaman Hopkins Flntchinson, A. Itkin Johnson . J n n ~ s K~lly Koltfr Kowalyshyn Lauyhlin I.rhr

McCall Srhweder Mclntyre Scirica Mcl.ane Srltrer Mebus Shelton Meluskey Shupnik Milanovich Smith. F:. Miller Spitz Milliron Stapleton Misrevich Stewart Moehlmann Stuban Morris Sweet Mowrry Taylor. F. Mrkonic Trrllo Mullm, M. I ' Valicenti Mullen, M. M. Vroon Musto Waener O'Brien, H. o'C~,nnrll O'Donnell O'Keefe Oliver Parker I'etrarca Pircola Pievsky I'ratt I'rendergast Rappaport Rave~rstahl Heed Renwirk

Burns Kernirk I'olite Dieta Klingaman Pot1 Dorr Madigan Pylcs Fischpr, R. R. MrClatrhy RURPIPIO Goehel Novak Shumiin Greenleaf N ~ y p Sirianni Hayes, S. E. I'ancoast Stairs Hutchinsrm, W. Pitts Tnddonio

Wansarz Wergo Wass White Wigglns Wise Wright, 1). Yahner Yohn Zrarfr,ss Zitternran Zwikl

Irvis. Sueakrl

Taylor. E. Tenaglio Wridner Wenger Wilson Wright. J . I Zeller Zord

NOT VO'I'ING-10

liarnilton Mr. Ginnis Spmrrr Williams Katz O'Brirn, D. Thomas Wilt, Knepper Smith, L.

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

QUESTION OF PERSONAL PRIVI1,EGE

The SPEAKER. The Chair recognizes the gentleman from Al- legheny, Mr. Novak. For what purpose does the gentleman rise?

Mr. NOVAK. Mr. Speaker, I pulled my switch in the wrong direction. I wanted to hc! recorded "yes" on th r reconsideration motion.

The SPEAKEK. 'I'he gentleman's remarks will be spread upon the record.


ANNOUNCEMENTS

DEMOCRATIC CAUCUS

The SPEAKEK. The Chair is about to declare this House in rr:cc?ss until 9 p.m.

There will he an immediate caucus of the Dctmocratic Party in the majority caucus room which will last for one-half hour. That will leave an hour and a half for those members who wish to eat dinner. The Chair urges each memher to be present in the hall of the Housc a t 9 p.m.

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

Blair. Mr. Haves. Mr. S. E. HAYES. Mr. Speaker, there will he a short Repub-

lican caur:us also, immediately.

RECESS The SPEAKER. This Houa! stands in recess until 9 p.m.

AFTER RECESS The time of recess havlng exp~red , the House was called to

order

FILMING PERMISSION GRANTED The SPEAKEK. The Chair wishes to announce tha t i t has

given permission to KYW-TV of Philadelphia, Eyewitness News, to shoot live shots, general shots of the House of Kepre- sentatives with no pern~ission for audio.

CONSIDEKATION OF H H 1349 RESUMED


The SJ'EAKEIl. The Chair recognizes the minority leader. Mr. BUTF:RA. Mr. Speaker, I presume the reason we a re

taking this bill up again a t this hour is that there are sufficient votes to pass it. I think 1 would be remiss if I did not spell a few things out first prior to taking the vote.

I think, or a t least I hope, that it is clear to everyone that the prohlem whirh has divided us for so many weeks in hoth the House and the Scnate on this quest,ion is the fact tha t to fund this hudget or this segment of the budget, together with Lhe rest of it , will require a suhstantial tax increase for Pennsyl- vanians.

I think i t is equally clear, Mr. S p ~ a k n r , that the tax votes a re


not here, in either the House or the Senate. I think those of you on the other side know that they are nut here, because 1 would presume that many of you first promised your constituents last fall that y11u were not going to vote for new taxes. And I also presume that ycru probably told your caucus or members of your caucus that you will vote for this hill, but you will not vote for any taxes which might he needed later on.

That theory is timeworn in Pennsylvania. It has been done before and we all know the game. Some of you have probably said that you will vote for this hill hut you will not vote for the nonpreferreds, and, therefore, you will be off the hook regard- ing the tax vote. You will not he. You will not he hecause none of you will he able to sit here in September or October or November or December or whenever it is and permit the institutions of higher learning, whirh will he the transferred hostages once this bill passes, to close. I do not think you will.

If the rumored number of tax votes on the other side is some. where around 70 or 75-1 do not know what it is and 1 do not think anybody really does-I can assure you that there are not 20 or 30 tax votes on this side. And I do not say that lightly. I say it because people on this side realize full well why we have had the dilemma which we have had. It is quite simply that we do not have the ahility to use this year's tax dollars to fund this year's needs. We are being forced, because of an artificially con- trived deficit of last year, to us,: this year's tax dollars to pay last year's hills.

This is why Pennsylvanians do not have a budget and that is the only reason why. The1.e is sufficient revenue expected this year to fund this year's needs. Indeed, the collections of .July this year were up some $12 million over the same month of July in 1976. We are again collecting revenue at a fast pace. but we are spending money faster than we are collecting it. That is what happened in the last fiscal year and that is what will happen in this fiscal year should this segment of the budget pass.

So I just think it is incumbent upon all of you who either have not thought this thing through or who do not want to, or who want to hide behind the claim that you are not going to vote for anymore spending and therefore you have been responsible, to rethink the subject or be ready to stand behind your vote when the funding measure comes along. I think it is precisely the reason, which I do not think any person in Harrisburg close t,u this scene misunderstands, that there are not sufficient votes either here or in the Senate which has caused the unnecessary delay for the passage of this hudget. That is a very real thing and for us to pretend that it does not exist is like the ostrich sticking his head in the sand. I t has nothing to do with your particular priorities, where you think the money should be spent, where you think the waste is, whether you like the administration or whether you do not, whether you like a program or whether you do not. I t has to do with the very cold realistic fact that there are not sufficient votes to tax the people further to pay for what we are about to do.

There has been a lot of talk in Harrivhurg in recent weeks ahout a no-tax budget. We heard that same talk last year. And I objected, as many other people objected, because we knew it was not a no-tax hudget which we were passing. I would remind

you that given the present tax structure, Pennsylvanians will be paying some $420 million of new taxes without our having to raise the rates. People wha earn more money pay more tax. As cost of goods go up, they pay more sales tax; as profits go up, they pay more corporate taxes, et cetera. We have already levied, by keeping the tax structure the same, a tax on Pennsyl- vanians of $420 million. I say that is enough, and 1 think the majority of this House says that is enough. I would bet anyone anything that if the people running this show would put the tax bill up first or immediately after this hill, it would fall far short of the needed 102 votes. No one will dispute that. We have taxed the people enough. The prohlem is that the people, through us, cannot use that $420 million the way they think it is being used, and that is, to fund services for this fiscal year. They are being denied most of it because it is being used to pay last year's hills.

Now I say to you that this kind of a system of making hud- gets guarantees a repeat of this very circumstance sometime shortly down the road.

I t is for that reason, Mr. Speaker, that I have made the suggestion that we recognize that fact and that we adopt a style of fiscal integrity never seen in this state hefore, one which acknowledges what deficits are. Some of them are innocent. There is indeed a downturn in the economy that could not have been foreseen by anybody and was not foreseen. Others are artificial and manufactured. The one which has held us up this year is artificial and manufactured. We collected revenues last year a t the highest rate that this state has collected revenues in this decade. We started the year with a $100-million surplus and, despite all that, we ended the year with a large deficit and we have been unable to cope with it.

I suggest that we take that deficit for what it is, a one-time thing, he it real or imaginary in its inception, and that we fund it that way and thus hold down the level of spending in the next year and in the next year and in the next year, because the taxes we will enact to pay for that one-time thing will not he re- moved from our books once that deficit is paid for, and that is what gets government into fiscal trouble.

One last thought: In 1970 there was a $400-million deficit facing this Commonwealth. With the advent of this administration, that deficit was erased with a series of taxes. Those same taxes are still on the hooks, with the exception of the tax cut in 1974. And those taxes enacted to pay a $400-million deficit now yield nearly $2 billion. Now do you see the problem is created when we do not deal with deficits honestly?

Almost every tax increase, indeed every tax increase, that I have voted for since I have been in this House has been to pay for last year's or the year's before overpromises and overspending. It took me a long time Lo understand this. But that is the political trick. You run the government for 2, 3, 4 or 5 years sometimes without the need for new taxes by putting off expenditures into the next year, and you can get away with this briefly by postponing payments or by denying services. Finally it catches up with you; a crisis develops and there is a rallying call for new revenues. But no one ever focuses on why, and the why is what we ought to end, if our service here is going to be worth anything.


The why is because politician.. have not had the guts over the years to spend within the peopbi's means. That is the why that we must be addressing and that we should address, and that is the why that we should defeat this hill to force a rooperative effort in this House among the majority without regard to our party. And I will put my money where my mouth is and I will also put my vote there. That is saying a lot more, I am afraid, than a lot of you are going to do tonight, and subsequently in September.

Thank you, Mr. Speaker,

The SPEAKER, Chair recognizes the majority leader, Mr. MANDERINO. Mr. Speaker, the majority leader, the dis-

tinguished minority leader ended his remarks with, ''I will put my money where my mouth is,M [ do not know what money he is talk,ng H~ said the peol,le of pennsylvania have heen taxed enough; they do not need anymore taxes, ~h~~ means a. no.tax budget, ~h~~ means layoffs across this ~ ~ ~ ~ ~ ~ ~ ~ ~ l t h . That means a cut in services across this Commonwealth.

Mr. Speaker, Pennsylvanians enjoy a relatively good tax cli- mate, regardless of what your people may think, ~h~ national average of state local taxes by individuals across these United States is $664 per year. In Pennsylvania we pay $6:36 per year, helow the national average.

Mr. Speaker, if we enacted no new revenues this year, our budget would not grow true. This hndget hefore you today grows from last year's budget which is about the rate of inflation. It is not outlandish; it does spend more money than we should be spending; and our people are not treated unfairly.

Pennsylvanians pay in state and local taxes ahout 11.7 percent of their income. The national average for state and local taxation is 12.3 percent. We are a large industrial state. We are a state that has the problems of industry leaving. We are a state, as compared to other states, with heavy welfare loads, and yet we have been able to keep the spending of the Common- wealth and local governments h'zlow the national average. Mr. Speaker, I think we are doing well.

There is much talk in your districts, I am sure-and I have heard it from even members of the House and Senate who 1 think should know better-that the 7.000 or 10,000 employes can go; we do hadly. We dr~ ncmt do badly. For employes per 10.000 population, Pennsylvania ranks dead last among the 50 states. We have less eniploy?~ dc'ing the work of government in Pennsylvania per 10,000 populalion than any other state in the Union. And those are the facts.

The gentleman on the other stde of the aisle says, join with me, cut further, put thrrse peaplr out of work, cut into state services, and I say. livt, up to your responsibility. You voted for $100 million in new spending in the school suhsidy formula: 46 of the people on the o t h ~ r sid? did so. Shall we cut that out of a hudget that is l ~ s s than adequa1:e. that is going tn mean min imal luyoffs already'? Sure it is thvt!asy trar.k tr, t a k r

You spoke about when Governor Shapp came into office and it was necessary to raise taxes to pay thc deficit of the previous administration. Yon provided some 12 votes. You created that deficit; we paid for it. Those are the facts. The Shafer administration left us almost tuinkrupt. The tax that was put in was a 2.3 percent income tax. We are simply trying to returf1 to a %.:i

- -~

percent income. Responsible Democrats a t that time took the position when it was lowered to 2 percent, that we would find ourselves in the predicament that we are in today because the 2 percent would not take care of the needs of this Commonwealth as the years went on, and it did not take too many years to find out that we were right and you were wrong,

And we did not spend more money last year, Mr. Minority Leader, than we had hudgeted. The departments did not spend more money than was budgeted. There was a revenue shortfall of $156 million. They spent what we as the General Assembly budgeted for them to spend. Place the blame where it belongs.

Mr. Minority Leader, I ask yon to join with the responsible members of this House that want to see the budget impasse Over, that want to see an adequate state budget, that want to see the welfare recipients, yes, get their checks and the people 1" the hospitals across this Commonwealth get their services and the county aid programs not to be starved of the funds that are badly needed. And that is going to be done by funding an adequate budget. A budget that grows 6 percent, which is about the rate of inflation, which is fair, fair to you, fair to me and fair to the people who will pay for the services they will receive in this

Mr. Speaker, we are asking in a 2.3-percent income tax for a family earning $10,000 a year to spend just a little over 50 cents a week, $30 a year-that is what we are asking, $30 a year-so this Commonwealth can continue to operate the programs it has operated in the past a t the levels that we think are sufficient hut necessary. A family earning$15,000 a year pays $45 a year. That figure will still keep us right a t the national average We will increase no employes, and I take it, we will still he dead last in the number of employes per 10,000 population. I think we have done well in Pennsylvania. I think we crit- icize ourselves too much. 1 think we should take credit for running the state as well as we have run it in comparison to every other state in this Union. I ask for an affirmative vote, Mr. Speaker.

The SPEAKER. The Chair reargnizes the minority leader. Mr. BIJTERA. I will try to he hrief for the memhers of the

House. I think the gentleman speaks very well when he talks about I

think what we all want, and that is the services which he out- lined, and I could not agree more.

~h~ argument which we have now heard for the first time, that the tax that he is thinking of perhaps is to raise the income tax 2.3 percent, I guess, and it will only cost $30 for each wageearner making $10,000 is accurate. But what he did not say is that that is the eighth $30 payment per $10.000 wageearner. It is not the first; it is the eighth. And 2 or:3 years from now, the 9th and the loth, and we get to a point where we cannot ex- tract any more and we begin to see diminishing returns. B ~ . cause the more you tax of something, the less you get of it. And the more you tax work incentives and investments and jahs-and that is we tax-the less we can expect to get of those things. ~~d that is builds our economy,

I have nc:ver heen afraid t < ~ put my vote up for taxes when I thought it was resp,msihle, and the will hear that I voted for the income tax in 1971 because it was apparent to me

.. .. There was no revenue shortfall last year. Revenues were col-

lected a t $156 million less than predicted. There was a 14-percent increase in the corporate net income tax. The prior year there was a 5-percent int:rease. There was nearly a 10-percent increase in the income tax and nr,;~rly a 10-percent increase in the sales tax. Whereas the prtor ypar. they were an,und 8 . There was a drastic and dramatic revenue increase last year: no shortfall; and do not fall for that rhetoric.

And to the argument that that tax rut plaitd us m this position, I will only say this: That after the tax cut. use ended up the year with a $100-million surplus. Now when you starf out with that kind of a surplus-Would we not love to have i t now'? We would not he here-and yuu collect revenues at a record pace, you must he able to halanrr the budret. Whv. during last


cion, on the other. Anyone in Pennsylvania who supports this proposal or who

participates in it, I believe should he ashamed of himself. I will say this to every college student, every faculty member,

every parent of a student. every member of an alumni association and to every Pennsylvanian who believes that principle must he fought for and preserved, not adulterated in the name of political expediency, and I say that to each of you who serves in this House of Representatives. You and I hold a special responsibility because the nurturing and development of such principles have been entrusted to our care. 1 shall vote against expediency. I shall vote for principle and I plead with each of you to do likewise.

'Thank yi~u. hlr. Speaker.

that a budget which had been passed the prior year, which I opposed, was one which overspent Pennsylvanians' ability to pay by $400 million.

I think the majority leader made an innocent error when he said that I helped to create a deficit. 1 opposed that hudget and I think you were here and I think you know it. And 1 still, the following year, voted for the tax and was, quite frankly, like so many Pennsylvanians, although from a different party - I had a lot of hope for this administration. l felt good about it because i t looked as though we were embarking upon something new, even though we had lost the election.

so I am not afraid to vote for taxes. and 1 do not think the people \yere uIlnecessarily by that large tax increase he. cause I think they thought there was a new spirit delreloping in pennsylvania and there was a reason for people to more. 1 felt that way. ~~t I am reluctallt to vote for taxes wht.n I do not think that 1 am getting anythillg back, and that is the mood of pennsylvanians. M ~ . speaker, you may say that they are undertaxed, hut you go and ask them. I have done that. ~h~~ do not feel that way. ,phey are benevolent people. ~~t they do n,,t think that they are gettilig a fair shake. ~ h ~ t is the resistance that is apparellt in this H~~~~ and that is the re. sistance which is apparent outside of this Capitol.

we tax in 1974 hecause we had tr,, we had too much money and we had an to give it hack, And I very distinctly rememhr when I proposed, during that tax break fight, that, instead of it hack we should put it into a fund for a day when we might need it, And this G~~~~~~~ the very pe,rple are agaillst me tonight ouuosed that uosition.

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

Mr. PANCOAST. Mr. Speaker, 1 rise to oppose concurrence in Senate amendments to HB 1349. I should like to commend the majority leader for his concerted and persistent effort to re- solve our budget impasse. It was suggested, however, this afternoon that HE 1349 would be a permanent solution to our budget problems. As we a11 know, this is not the case and we all know that i t is much easier to vote on appropriations than to vote for the revenue measures to fund those appropriations.

Mr. Speaker, I would like to explain what I believe HH 1349 means to mix. The adoption of this hill would mean that this House of Representatives is resorting to a method to give the Shapp administration money to support policies which do not enjoy public confidence. Furthermore, adoption of this bill means that we are willing to let existing funds go to the use of the Governor on his own terms. Terms which deny the people theright to have a say in reforming the way in which Pennsyl- vania is run.

Moreover, Mr. Speaker. something even worse: It means that we are allowing power politicians in Pennsylvania to hold our colleges and universities hostages, to subject these institutions to political intimidation. to political coerrion and, con- sequently, to violate what I believe to be the sacred principles of academic and intellectual freedom. It means that we are violating the principles enunciated by Thomas Jefferson, who said that a system of education was necessary if the country was to be governed hy its ~reople. And Jefferson warned us that such a system must he eternally protected from two kinds of coercion, political roerrion, on the one hand, and religious coer-

year when we wcrii going into the hole month after mumth. were there no layoffs? Why were there no cutbacks in servicrs? The answer is easy, hecause those decisions are tough. [t is much easier to do it now and to use the people who h:lvr bi~cii used as hostages, in ;r w r y cruel sense. to force us to do srrmt,- thing which we do not want to d i ~ . And that is thc point th;it I am tryi~lg to make. Vor thosi, of you who think P~~ritisylvani;ins are urldcrtaxed and t1it:rcfore they need this leiel i j f ; ~ budgrt. 1 think you h;rd hrtter gucss again. I think thew 1s onother a : ~ y

I t is a tough way. It drjrs r i o t (.,itail reduring progr;tni.;. I t does not entril layoffs, unless thi, ;~dni in~s t r ;~ t ion wants i t . ;in<( it could provide for thr! kind of sch(jul tunding that wt. rightfully passed yesterday.

The SPEAKER. 'The Chair recognizes the gentleman from Montgomery, Mr. Polite.

Mr. POI,lT1.:. Mr. Speaker. wv ; r r ~ now tiraring the hour of 11 o'clork i~nd. under House rule 15, we ~iiust take a roll-call vote to continiie the drbate on HB 1319. With the Chair's permission. 1 do make tli;it motiil~i iiow, ple;tst,, bi>furr L suhtnit my re- m;\rks.

Thii SPEAKER. The qurstion raised by the gentleman. Mr. Polite, is whether or not the House may continue beyond the 11 oi.1o1.k prriod of lime. It is nnw 1 iniautrz after 11 and, under rule 15. the H11ust7 niust adjourn not lntcr than 11 p.m., unless otherwise ordered by a roil-call vote of thr majority of those elertrd to the House.


It is moved by the majority leader that rule 15 he suspended so that this debate may continue. Those in favor of suspension of rule 15-

The Chair is in error. Rule 15 provides a method whereby the House may continue beyond 11 p.m.

RULES SUSPENDED T O CONTINUE PAST 11 P.M. I The SPEAKER. I t is moved by the majority leader that the

House shall continue its debate beyond the prohibited time of 11 p.m. This vote will require 102 members. Those in favor of tha t motion will vote "aye"; those opposed will vote "no."

Members will proceed to vote.

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

The following roll call was recorded: I Abraham Anderson Armstrong Arthurs Barber Bellomini Belaff Bennett Berlin Berson Bittinger Bittle Borski Brandt Brown Brunner Burd Burns Butera Caltagirone Caputo Cassidy Cessar Cianciulli Cimini Cahen Cole Cowell Davies DeMedio DeVerter DeWeese DiCarlo Dietz Dininni Domhrowski Donatucci Dorr Doyle Duffy Dumas Englehart Fee Fischer, R. R. Fisher, D. M. Flaherty Foster. A.

YEAS-184

Foster. W. Livengood Freind Logue Fryer Lynch Gallagher Mackowski Gallen Madipan Gamble Manderino Garzia Manmiller Gatski McCall Geesey McClatchy Geisler McIntyre George. C. McLane George, M. Mehus Giamrnarco Meluskey Gillette Milanovich Gleesan Miller Goehel Milliron Goodman Miscevich Gray Maehlmann Greenfield Morris Greenleaf Mowery Grieco Mrkonic Halverson Mullen, M. P. Hamilton Mullen, M. M Harper Musto Hasay Novak Haskell Noye Hayes, D. S. O'Brien, D. Hayes, S. E. O'Connell Helfrick O'Donnell Hoeffel O'Keefe Honaman Oliver Hopkins Pancoast Hutchinsan, A. Parker Hutchinson, W. Petrarra Itkin Piccola Johnson Pievsky .Tones Pitts Kelly Polite Kernick Pott Klingaman Pratt Kolter Prendergast Kowalyshyn Pylefi Laughlin Rappaport Lehr Ravenstahl Letterman Reed Levi Rhodes Lincoln

Richardson Rieger Ritter Ruggiero Ryan Scanlon Scheaffer Schmitt Seirica Seltzer Shelton Shuman Shupnik Sirianni Smith, E. Spitz Stairs Stapleton Stewart Stuhan Sweet Taylor, E. Taylor, F. Tenaglio Trella Valicenti Wansacz Wargo Wass Wenger White Wiggins Williams Wilson Wise Wright, D. Wright, J. L. Yahner Yohn Zearfoss Zeller Zitterman Zwikl

Irvis, Speaker

Taddonia Wagnet

NOT VOTING-10

Katz O'Brien. B. Smith, L. Thomas Knepper Salvatore Spencer Wilt McGinnis Schweder

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

QUESTIONS O F PERSONAL PRIVILEGE

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

Mr. SCHWEDER. Mr. Speaker, I rise to a question of personal privilege.

The SPEAKER. The gentleman will state it . Mr. SCHWEDER. Mr. Speaker, on the motion to suspend the

rules to continue heyond 11 p.m., I was locked out. I wish to be recorded in the affirmative.

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

The Chair recognizes the gentleman from Luzerne, Mr. O'Brien.

Mr. B. F. O'BRIEN. Mr. Speaker, on the motion to suspend t,he rules to continue heyond 11 p.m., I too was locked out. I wish to be recorded in the affirmative.

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

REMARKS PRESENTED FOR THE RECORD The SPEAKER. The Chair recognizes the gentleman from

Montgomery, Mr. Polite. Mr. POLITE. Mr. Speaker, I know tha t the day has been very

trying. As a matter of fact, the entire week has been very trying. I do have some remarks and, not to belabor my colleagues, I would just have the remarks and the article presented for the record.

The SPEAKER. The gentleman will send his remarks and article to the desk.

Mr. POLITE presented the following remarks and article for the Legislative Journal:

Bailing us out

To the Editor: For some weeks now I have been reading and hearing news

reports of how the esteemed mayor of Philadelphia will not acce t a state budget that does not include a tax increase.

w g a t I wonder is who the heck cares what he wants? Certainly not anyone outside of the city.

We have been watching him rip off the people of Philadelphia for six years now, but I have no desire to let i t happen to me.

If Rizzo doesn't want to support the schools with a sub- stantial increase in city money, then why should the rest of the state hail him out?

CHARLES NEIDHARDT

i Lansdale.

Mr. Speaker, i t has been said before, and I am going to say i t again: HB 1349 in i ts present state is a phony solution that will Renwick Vroan Weidner Zord I


this freshman has not been promised anything. And I need I The SPEAKER. The Chair recognizes the minority whip.

serve only to stall a tax increase. This measure tries to deceive taxpayers by cutting $300

million in higher education appropriations to avoid a tax hike now.

But what will happen in Septen~ber when the General As- semhly faces the funding of the state's colleges and universities? We all know what will happen then, and the taxpayers know too.

The idea behind HB 1319 is, spend now, pay later. Those supporting this measure seem to think thecitizens will buy this line. Who do they think they are kidding?

This hill deserves defeat because it is a fraud and because people are sick of political games. They want a no-tax budget and a no-tricks budget.

On August 11, in the Philadelphia Inquirer, one of my constituents wrote that the people of the state have watched for years as Mayor Rizzo ripped off the people of Philadelphia. He said he does not want to see the mayor do the same thing to Pennsylvania.

This man expressed the feelings of most Pennsylvanians, They do not want to bail Philadelphia out of a mess of the city's own making. They do not want state taxes increased because Mayor Rizzo refuses to have the city support its own schools.

Yet the budget proposal before us would give nearly $40 million to Philadelphia schools and an additional $30 million to them in loans. Meanwhile, schools in the rest of the state would get only $80 million in new subsidy money. As usual, Phila- delphia, with about 12 percent of the state's school children, would get an unfair proportion of state tax support.

Let us for once play straight with the people of the Common- wealth by defeating this budget plan and roming up with a legitimate no-tax, no-tricks budget for this fiscal year.

The SPEAKER. The Chair recognizes the lady from Centre, Mrs. Wise.

Mrs. WISE. Thank you, Mr. Speaker. I do nut want to belabor this House either hut, frankly, I have

heard myself called irresponsible and unthinking and not very knowledgeahle just about once too often.

Now this is one freshman who made no false promises to my constituents. They have been told every week for the last 6 weeks in a weekly column and on a radio program exactly how I am going to vote. They know it. They are reasonable people; they accept it; and they understand where I am and why.

I am prepared to vote today for the tax, for the budget, and for the nonpreferreds. There has been a great deal of talk about bipartisanship. The Republicans will have very shortly a chance to show that. I can vote for this hudget because my caucus and my leadership has committed itself to stay here until this job is done and to settle the problems now, this week; not in October, or November or in December. But you know that we cannot vote those nonpreferreds without your help because they take a two-thirds vote. And so, the bipartisanship will have a chance to show itself.

Now I have listened to Mr. Butera warn the "neophytes" and the freshmen that we should not vote for a budget or for taxes in exchange for bridges or roads. I just want you to know that

some bridges and roads, too. But I am keeping a commitment, first of all to my legislative district, the land-grant university that I represent, and 55,000 students of that university as well as many others.

I t is ironic indeed that in 1968 I went on the road with Governor Shafer. I went to the town meetings and I appeared on the television programs with him to try to sell the income tax to the people. It was not the people who turned i t down; i t was his own party which voted to hold the line; and I sat here and watched it. The deficit as a result was finally made up by the taxes formed in 1971.

Now I want to change the system as much as anybody else. but I know we are not going to change the system tonight or tomorrow. The suggestions have come just too late. I just think that the people ought to know and the Republicans ought to know that some of us who are freshmen are not voting without agonizing and without thought. We know what we are doing. We consider ourselves responsible. We will vote today, tonight, tomorrow, or next week for this budget for the state universities and for the taxes which are necessary.

The SPEAKER. The Chair recognizes the lady from Chester, Mrs. Taylor.

Mrs. TAYLOR. Mr. Speaker, I would like to know if Rep- resentative Wise would stand for interrogation?

The SPEAKER. The Chair with some trepidation asks the lady from Centre if she will stand for interrogation, and I knew shewould.

Mrs. WISE. I will, Mr. Speaker. The SPEAKER. The lady will stand for interrogation and all

the men will listen. Mrs. TAYLOR. Mr. Speaker, I tried to listen very closely to

your remarks and I would just like if you would refresh my mindas to how you voted last night.

Mrs. WISE. I know very well how 1 voted and so do you and so do my constituents. I voted against i t last night because I told my people that I would on the first round, and that when I had a commitment from my caucus that they were going to stay and not run home when this was done, I would vote with the budget. My caucus has given me that commitment. I do not know what your caucus is going to do.

Mrs. TAYLOR. Well, I know what my caucus is going to do. But the paint is that you made i t very clear that you were making your constituents aware of your position. And I am wonder- Ing how you can do that when one time you vote against i t and the next day yon vote for it. If in round one i t is "no" and round two i t is "yes," I am wondering what i t will he in round three.

Mrs. WISE. I can tell you exactly what i t will he on round three. Mrs. Speaker. May I answer?

Mr. Speaker, I will tell you exactly what i t will he and I will tell you how I told them.

Yesterday morning on the radio they were told exactly how I would vote, and this morning's paper reported i t and this morning on the radio they were told how 1 would vote. For 6 weeks they have known that I am voting for taxes and they have not objected to it, and I expect to he hack next year, too.


Mr. RYAN. Mr. Speaker, would the majority leader consent to interrogation?

The SPEAKER. You do not want to interrogate Dr. Helen Wise?

Mr. RYAN. You think I am some kind of fool. My mommy didn't raise no dummy.

The SPEAKER. The majority leader indicates that he will stand for interrogation.

Mr. MANDERINO. Was that the question, do I think he is some kind of a fool? Was that the question?

Mr. RYAN. I would lose tha t one, Mr. Speaker. Mr. Speaker, would the majority leader advise this House if

he agrees tha t a vote on HB 1349, in fact, means that we have put ourselves in a position that a $300-million tax vote has to follow?

Mr. MANDERINO. Everyone has told me tha t the answer is "no," and I think the answer is "no."

If you vote for this budget, you spend every penny that the Commonwealth expects to take in next year and you spend i t in this bill. You will then be faced with voting for nonpreferred appropriations, and nonpreferred appropriations are exactly the way they are titled; that is exactly what i t means. They are not the operations of government. They are moneys given to nongovernmental agencies, mostly higher educational institutions, that do not enjoy the same status as the agencies of this government.

Reports have indicated when there is not enough money to pay for the operations of government, you must abate the nonpreferreds.

So this General Assembly, in its wisdom-and i t will take a two-thirds vote to express the wisdom of this General As- sembly on the nonpreferred appropriations-may well decide not to vote two-thirds of this House and two-thirds of the Sen- ate for those appropriations which do not fund government agencies.

I would hope that that does not occur. I would hope that we would live up to the responsibility that I see as an individual Representative and as I see as a leader of this party and fund the nonpreferred appropriations after we have voted for them with bipartisan support.

Mr. RYAN. Mr. Speaker, would the gentleman then agree that if we are to continue to fund those institutions that are covered under the nonpreferred appropriations, it will require a $300-million tax increase?

Mr. MANDERINO The universities and the institutional assistance grants together come to about $300 million.

Mr. RYAN. And if they are to be funded, that will require a tax vote, assuming this hill passes here tonight?

Mr. MANDERINO. Unless by the time you join with us in that vote to pass those, that revenues of this Commonwealth increase $900 million over its present estimates, you are correct.

Mr. RYAN. With respect to that statement, Mr. Speaker. have not the revenues heen certified for the year?

Mr. MANDEKINO. Yes. Mr. RYAN. So that magical trick cannot he done like it was

last year?

Mr. MANDERINO. I am not so sure that tha t magical trick cannot be done.

Mr. RYAN. It is not likely, is it? Mr. MANDERINO. I t is not likely. Mr. RYAN. The commitment to Mrs. Wise, which reference

was made to, I assume was tha t if she and others like her voted for HB 1349 tonight, that the caucus, the Democratic Caucus, tha t is voting with her and made that commitment, is also committed to vote for funds necessary for Pitt , Penn State, Temple, and the rest of the institutions that are normally covered under the nonpreferred appropriations? Would that be correct?

Mr. MANDERINO. 1 do not know that that commitment has been made. The commitment that has been made by the caucus, as I understand it-and i t is an informal type of commitment which I know that we will keep-is that once we have run HB 1349 and, if i t passes-which I hope i t will-we will move immediately to the nonpreferred appropriations which are on the table. We will remove them from the table and we will begin the process of passage.

That process will take help from your side of the aisle because we cannot put up two-thirds of the votes in this House from this side of the aisle.

Mr. RYAN. Thank you, Mr. Speaker. Mr. Speaker, to allay the fears of Dr. Wise, let me say that as

best I can see there are many, many and perhaps most of the members of this side who are prepared to vote for nonpreferreds. In fact, we welcome the opportunity to vote to continue to fund those institutions that are normally covered hy the nonpreferred votes.

Our reluctance, however-and i t should he your reluctance-is to vote away all of their money tonight. We are taking their money from them tonight and i t will require tax votes to fund them a t a later date. The two-thirds are easy. We want to help the Temples. Pitts. Penn States and the like and we want to do i t without raising taxes, which can be done. This is why our reluctance tonight to go for HB 1349. And I hope that those of you, like Dr. Wise, who are going to vote for HR 1349 tonight are also prepared to fund-not vote for the appropriation for the nonpreferred people, but fund-those nonpreferred bills. We will give you the votes to pass the nonpreferreds because we want to fund those places. We do not want to spend their money tonight, and that is exactly what you are committing yourself to right now. You are spending away the money of Pitt , Temple, Penn State, and the like. Someone is going to have to explain to the students and the parents of thosc students why those institutions are threaten- ing to double the tuition or close the schools when you do not come up with the tax votes because yuu have spent their money.

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

Mr. RICHARDSON. Mr. Speaker. 1 had not planned on speak- ing this evening hut in the wake of all of the prohlems that are going on arid thp sPrlousnrss that faces the peop l~ of this Cummonweaith, I frr l i.r~mpellrd todo so.

Mr. Speaker, 1 feel that thp people of this Commonwealth

2366 LEGISLATIVE

deserve much better than they are getting. We have gone now 7 weeks and we do not have a budget in this Commonwealth. Mr. Speaker, I feel that i t should be clear to those who are here that the main tactics that are heing displayed this evening are quite unbearable.

The people of this Commonwealth have asked us to Pass a budget because now we have gone into another week with folks not heing paid in this Commonwealth who give us services. I t would seem to me that our responsibility is to make sure that those individual programs and services that are rendered by those who are state workers are funded and taken care of.

One other problem. Mr. Speaker, that I think I have to address myself to is the poor and the working class of this Commonwealth. I t seems that they have been put aside. And i t seems that those who are less fortunate always catch the brunt of the kinds of bureaucratic problems that go on particularly in politics.

Mr. Speaker. I feel that it was made quite clear the other day when protestors came to this Commonwealth and it was made quite clear today as was said by Mr. Seltzer earlier who indicated that he was concerned about the poor people of this Commonwealth. He was concerned about those families who do not have food to put on their tables, or the rent to take care of their shelters. I would just ask that the gentlemen on that side of the aisle he concerned with making sure that their vote is "yes" for HB 1349 in relationship to making sure that those hungry people and those individuals who have not received a check get a check.

Also, Mr. Speaker, it seems to me that we have a responsihility to make sure that those in this Commonwealth do not get mistreated again, do not get mistreated any longer. I recalled the movie "Network when folks came to our office the other day and said. "We are as mad as hell and we cannot take i t anymore." I think it has got tube clear that we cannot afford any longer for the poor to take the weight; that we cannot afford any longer not to feed those families who are asking to be fed.

I beg you and I urge you, Mr. Speaker. to put aside the politics, to bury the political games that are being played and let us think about those individuals who are less fortunate than us. Vote for this hudget, Mr. Speaker.

And in closing let me say this: There was a protester's sign the other day as they were walking around that said very clearly, "Cut the hull and vote the budget." Tonight I ask you to vote in the affirmative for HB 1349.

Thank you.

JOURNAL-HOUSE Augus t 12

Mr. MANDERINO. That is correct. Mr. W. D. HUTCHINSON. Mr. Speaker, does the Con-

stitution of the Commonwealth of Pennsylvania require us to pass a balanced budget?

Mr. MANDERINO. Yes, Mr. Speaker. Mr. W. D. HUTCHINSON. Mr. Speaker, if we vote this hill

tonight, as I understood your answers to previous questions and your comments on the floor, we have exhausted all of the certified revenues of this Commonwealth?

M ~ . MANDERINO. w h a t I tried to say to you get you to understand is tha t if we passed HB 1349, we would he passing a halanced budget,

Mr. W. D. HUTCHINSON. The question is, would we exhaust the revenues?

M,, MANDERINO, we would he passing a halanced budget, and my of a halanced budget is, you spend the revenues that you take in and you come out even.

M,, W, D, HUTCHINSON, so that when HB 1349 is tonight we are ls that correct?

Yes, Speaker, M,., W, D, HUTCHINSON. Now Mr. Speaker, as I understand

the majority leader in response to previous interrogation and if 1 understand him correctly, was there or was there not an in. formal commitment made to Wise that we would then take up the nonpreferred appropriations?

MANDERINO, Yes, W, D, HUTCHINSON. And, Speaker, if the nonpre-

ferred appropriations were then to pass tonight by the necessary two-thirds vote, does the majority leader know whether or not we would then have a balanced budget a t that point?

Mr. MANDERINO. Yes; we would still have a balanced budget until the Senate passed those hills.

Mr. W. D. HUTCHINSON. Well, does the majority leader then have a hope that the Senate will not pass it?

Mr. MANDERINO No. I think the Senate will pass those hills as soon as the House provides the money for the hills.

Mr. W. D. HUTCHINSON. Now. Mr. Speaker, if the Senate passes it, will i t be balanced if the House does not vote taxes?

Mr. MANDERINO. I t is my understanding that it will not he balanced if the House does not pass taxes. But, in my wisdom. I have the feeling that the Senate would not pass those hills or even attempt to until they have a tax measure from the House that would balance the budget if they passed them.

Mr. W. D. HUTCHINSON. Mr. Speaker, we have indulged in so many speculations tonight that I would hope you would permit me to indulge in another speculation that perhaps may, in

The SPEAKER. The Chair recognizes the gentleman from Schuylkill, Mr. Hutchinson.

Mr. W. D. HUTCHINSON. Mr. Speaker, would the majority leader consent to interrogation?

The SPEAKER. The majority leader indirates that he will s tand for int~rrogat ion. The g~n t l eman . Mr. Hutchinson. may proceed.

Mr. W. D. HUTCHINSON. Mr. S p e a k ~ r , 1 ht7lieve the majority leader has statcd, if I hrard him rorrtxrtly. in responsr to a previous interrogatirjn that the rt3venue rstimates for this year have been certified?

your opinion. not he warranted. Suppose that the nonpreferreds do pass the House and the Senate before taxes are increased. Would the majority leader tell me what will happen in the Governor's o f f~ r e with respect to the nunpreferreds a t that point?

Mr. MANDERINO. I do not believe that under the court decisions nonpreferred appropriations can be funded unless the general government is funded. If the general government has already been funded, t h r Governor cannot sign additional spending measures that are not within the revenue estimates.

Mr. W. D. HUTCHINSON. Now then. Mr. Speaker, in that


event the nonpreferreds, that is, Penn State, Temple Uni- versity, The University of Pittsburgh and the other 102 colleges that receive that direct aid would not get any money. Is that correct, in that event and under those circumstances?

Mr. MANDERINO. I would hope that the memhers of the House who vote for those nonpreferred appropriations to send them to the Senate and the members of the House who voted to spend the $100 million in school subsidy moneys, I would hope that 102 of them are responsible enough to pay for the programs that they have passed. I hope that that responsibility is shared in proportion to the numher of votes necessary to pass each of those spending measures, that is, the $100 million in new revenues for schools, and the votes that will be necessary to pass the nonpreferred appropriations.

I think it is irresponsible for 46 Republicans to vote for $100 million in new spending and then indicate to this House and to the people of Pennsylvania that they will not he willing to pay the hill, and I think you are one of them.

Mr. W. D. HUTCHINSON. Thank you, Mr. Speaker. That is the end of my interrogation. I now have one or two comments I would like to present to the House.

The SPEAKER. The gentleman is in order and may proceed. Mr. W. D. HUTCHINSON. Mr. Speaker, in response to my

last question, the majority leader expressed a hope, a hope that there would be enough votes for taxes in order to insure that Penn State, Temple, and Pitt and the other 102 institutions of higher learning will obtain funding out of this budget.

Mr. Speaker, we are finally down to the last hostage. And after the last hostages, after the hostages who were held among the state employes and after the welfare people were held hostage, we now propose to hold hostage the students, the faculty and the parents of these people who are seeking a higher education. And I think finally and in the final analysis we now have a clear picture of the priorities of the current government of this Commonwealth. And what are those priorities? They are not the state employes who by and large do an honest day's work for their wage; they are not the welfare people of this Commonwealth who are dependent upon us; and they are not the working-class and the middle-class people of this Commonwealth who desire an education for their children so that those children can better their lot in life. The priorities that we have seen epitomized throughout this budget fight are the priorities of politics as usual. I heard the comments and the statements-and I have heard them before in the last 5 years-that referred to 1967 and to what you said and to what someone else said, and now the shoe is on the other foot, and the laughter. Mr. Speaker, I could have retched. 1 could have retched because that is precisely what is wrong in this Commonwealth. It is politics as usual. And what has been happening in this Commonwealth and in this hudget fight is simply that the people in power, the people who control every branch of this government and have controlled it over the last several years, want tocontinue that control.

Now, to you people on the other side, if you listened to my interrogation, I want you to understand what is happening. Do not fool yourself that you can vote here tonight for this BR 1349 in its amended form and then vote for nonpreferred ap-

propriations for the colleges and universities and expect those colleges and universities to get any money. At that point then, you are the ones who will have to say and answer to the parents, the students, and the faculties of those universities as to why they are not funded.

Let me say this to you: Perhaps eventually - September, October, November, and it is a long time until December - we may get the votes for the taxes. But what happens in the mean- time to those parents, to those students, and to those universities? What kind of chaotic situation do you have then?

Do not he fooled. Do not think that this solves the problem. I t does not solve the problem. I t is a game. I believe that the new members of this House who have heen elected over the last three times are not foolish enough to he fooled by that game, and I hope you will justify that faith. Whether or not you justify it, I believe that the people who voted us into office are not fooled.

As I have said on the floor of this House many times, there is one thing that you cannot stand today in politics, and that is, being given the appearance of being an absolute phony. And if you vote this way tonight and you think because of an informal commitment that your vote for nonpreferreds is going to help those kids today, you are wrong, and the perception will be that you are phony.

Thank you very much.

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

Mr. WILLIAMS. Mr. Speaker, I wonder if Mr. Ryan would stand for interrogation.

The SPEAKER. The gentleman, Mr. Ryan, indicates that he will stand for interrogation. The gentleman, Mr. Williams, may proceed.

Mr. WILLIAMS. Mr. Speaker, do I understand correctly that you voted in favor of the school subsidy bill last night, HB 67?

Mr. RYAN. I am sorry, Mr. Speaker. Did you say did I vote in favor of it?

Mr. WILLIAMS. Yes. Mr. RYAN. No. Well, I do not remember now. I really do not

rememher. I am told that I voted "no." I have been trying to keep track of so many votes here, Mr. Speaker, I cannot figure out what I do from day to day myself.

Mr. WILLIAMS. I understand your confusion, Mr. Speaker. Mr. Speaker, you made an observation that if we voted for

the nonpreferreds and voted for HB 1349 we would he voting to take away the money that would go to fund the colleges.

Mr. RYAN. That is correct. Mr. WILLIAMS. Now, since I guess about 46 of your mem-

bers voted for the $100-million subsidy, although you cannot rememher whether you voted for it or not-

Mr. RYAN. No; I voted against it, Mr. Speaker. Mr. WI1,LIAMS. The $100-million subsidy in addition to the

$300 million for the colleges amounts to about $400 million. Correct?

Mr. RYAN. That is correct. Mr. WILLIAMS. Would you tell me where you would cut

$300 million or $400 million in the hudget in order to fund the


nonpreferreds and not have taxes? Can you specifically tell us what you would do since you are making the conclusion that the nonpreferreds in some way should be preferred to what is already funded in HB 1349? 1 think you have an obligation to tell us what you would do specifically. Where would you cut $400 million?

Mr. RYAN. Mr. Speaker, to be specific, I am not sure that 1 can do. But to be generally specific, I will attempt to do. The $100 million-

Mr. WILLIAMS. Could I cut you off for a second? Mr. RYAN. Sure; yes, sir. Mr. WILLIAMS. Thank you. We have worked on this matter for quite a while, and you are

a leader. Had you worked that out before you came here tonight, Mr. Speaker.

Mr. RYAN. Have I worked out what would happen? Mr. WILLIAMS. What you would suggest; what you as a Re-

publican leader would recommend. Mr. RYAN. Mr. Speaker, what was suggested to you and your

entire caucus, your leadership and the Governor and the Gover- nor's office was that we could sit down and try and work something out that would have the support of 102 members of this House and 26 members of the Senate. We have never been given that opportunity. Mr. Butera has said that time and time and time again.

Now what MI. Butera suggested and I am inclined to agree with-but none of this has been worked out in detail because there has been no opportunity-is that funding perhaps could take place that would take care of last year's deficit and to treat that $150 million as a separate problem. At that point there would be sufficient moneys, I understand-and, if necessary, I may have to yield to someone who has greater familiarity with it than I-to run the Commonwealth as is; to fund the nonpreferreds a t the level that was suggested earlier in the budget messages, and there probably would he sufficient moneys to take care of the $100 million. I do not know that part of it yet.

I am told-and it may he that Mr. Seltzer or Mr. Butera should really he answering this-that there is approximately $50 million excess moneys without funding any new programs such as is done in HB 1349 and in HB 67 that was passed yesterday.

If the money that is needed to pay the deficit is treated separately and the $156 million that is being used under HB 1349 to take care of that deficit is added to the $50 million or $52 million, you have approximately $200 million in additional funds availahle to fund new programs. Be it schools, if 102 people want it here and 26 in the Senate, or be it any of the other programs, that money is availahle; be it mass transportation or any other program. That is with the $150 million being treated separately.

The point 1 was trying to make, however, Mr. Speaker, when I stood up here a t this microphone a little while ago was that the nonpreferreds are being sold out tonight if this bill passes. You do not have a choice as to whether or not you want to fund any one or more of the nonpreferred institutions because there is no money to do it. If you vote for HB 1349 now without considering the nonpreferreds - the Temples, Penns, Pitts, Penn

States, and all the other institutions that are covered - they cannot get money.

You heard, under interrogation by Mr. Hutchinson, the majority leader say-and I do not know that he said it in exactly these words-that under the constitution the Governor is forced to veto nonpreferreds that come over because there are no funds availahle to pay them.

Mr. WILLIAMS. Mr. Speaker, I think I do have your point. Your point to me is that you are just as confused about what you would do as to whether or not you voted on that subsidy hill last night, and I say that advisedly.

Thank you very much, Mr. Speaker. Mr. RYAN. Mr. Speaker, if I may, the point that Mr. Man-

derino attempts to make and I think you are alluding to - that because 46 Republicans voted for that school subsidy bill, they should feel some obligation to vote for additional taxes - I dis- agree with, because there are funds availahle to spend that $100 million without new taxes.

Mr. WILLIAMS. Mr. Speaker, that is not my point. My point is merely this: I have been hearing from the other side, and more specifically through your voice, and that is one echo, that to fund this budget would he spending money that the nonpreferreds should have. If you are saying that money that is being spent for essential government services is an overspending of money that ought to ordinarily go to nonpreferreds, then it seems to me that you are specifically saying that there is money in that budget for something that it should not be spent for.

I specifically asked you what those things are. Until now, you have failed to state what they are. You have talked about a $50- million category of some money that is maybe hidden. You have talked about maybe treating the deficit that Mr. Butera spoke of in a special category, and he spoke of that in a vague way. And that is what you said. But you have not said that we should take $300 million from HB 1349 in community adve cate, in schools, in this, that, and the other thing. There is a reason you did not say that, Mr. Speaker, and that is because those essential services of government are necessary and must be funded. I t seems to me that one talks out of both sides of the mouth when you say on the one hand that we are spending the money and therefore there will not he money left for the nonpreferreds, nonessential hut very essential activities of this Commonwealth.

We have said that we would fund the government in HB 1349. We have also said that we will vote for and commit ourselves to the nonpreferreds, which are essential to this Com- monwealth. We have also said that it requires some taxes. It seems to me if you follow those steps, that is a responsible conclusion, a responsible action, by those who are not afraid of the facts.

Now youcan say it any way you want to say it, and you say it very well, but it bothered me when you said that we are going to spend the money and not fund colleges. I thought you meant that you were talking about some spending that was not necessary, and I asked you if you could tell us where that is, and you failed in your response.

I am fully satisfied by your response, even more so, that our action is a very, very responsible one on HB 1349 and on the

LEGISLATIVE JOURNAC-HOUSE

procedure to fund the nonpreferreds. I might add, Mr. Speaker, because I think you really, really

say some things very well, not better than your side but some things very well, but I think what you said is a lot of things everybody else said, and that is, that the Republican side seems to be attacking hut not offering anything positive. You seem to be pointing out generalities but not pointing to some specifics. You seem to he talking ahout a category of deficits and how we can handle it hut not saying any specific way that would be hetter than the way that we suggest. I thank you for your re- sponses.

The SPEAKER. The Chair recognizes the minority leader. Mr. BUTERA. Perhaps very briefly I can make it clearer for

Mr. Williams. There was revenue, Mr. Speaker, which was not collected last year, which we were told we were going to get, of $156 million. We started the year, last year, with a $100-million surplus. We used the gimmick of using almost 13 months of income tax collections last year to fund a 12-month budget. If you add those three amounts together, none of which recurs in income this year, you will come somewhere between $250 million and $300 million. My point is that it is that hole which we are unable to fill with this year's tax revenues, and that is what the people do not realize. They think, and they have a right to think, that this year's revenues go to this year's needs. In fact they do not because of last year's budget which was a myth.

What I am saying is that to compound that error-which we should acknowledge was made here in this House by a majority, which excluded me-by funding that amount with a permanent tax is to engage in the cruelest act of all, and that is the act of overpromise. That is what has gotten this country into trouble fiscally everywhere and that is the point that we are attempt. ing to address.

considers supplementing their budgets now, in September, in December, or even next year. State government, however, is not operating now. I t cannot begin operating until this General Assembly approves the general appropriations budget. No set of priorities can be more clearly delineated nor more clearly obvious.

Can we honestly call ourselves responsible legislators if we continue to prevent the operation of state government by argu- ing about auxiliary appropriations or programs over which this state has neither direct control nor direct responsibility? Can we honestly call ourselves responsible legislators if we continue to prevent the operation of state government when we have the opportunity to approve a general appropriations budget that will allow this state government to operate a t reasonably adequate levels of service without a tax increase? I think not.

If we deny this budget tonight because we do not agree with every item in it, we deny consensus government. If we deny this budget tonight because it does not include nonpreferred appropriations, we deny the proposition that the first responsibility of the General Assembly is to keep state government operating. If we deny this budget tonight, which does not require tax increases hut which does provide for a reasonably adequate delivery of essential state services, we deny the responsibility entrusted to us hy the citizens.

Petty bickering, gubernatorial politics, and honest hut stub- born differences have caused this General Assembly to fail in its responsihility for the past 6 weeks. Tonight we have the opportunity to end this impasse and to meet our responsibility. I t is merely a matter of priorities.

At various times in the past, the General Assembly, in its august wisdom, saw fit to include as preferred appropriations certain programs and institutions which previously may have been considered nonpreferreds. I would suspect that these changes were a~proved because the General Assembly felt that the par- . . ticular services provided were of such significant importance to

The SPEAKER chair recornizes the 1 the Commonwealth that thev should he treated as direct state high, Mr. Ritter.

Mr. RITTER. Mr. Speaker, there are those in this chamber who believe that it is the middle of March or maybe even the middle of April. But the fact is that it is the middle of August.

It seems to me the most basic and most important function of government is to bring some order out of chaos, to referee the competing forces of society, and to insure that our less able citizens are not trampled under by the stronger forces. If government is to fulfill this function. it obviouslv must have the re-

~ ~

responsibilities. Indeed, a t some point in the future, the Gen- eral Assembly may decide that current nonpreferred items should be upgraded to preferred appropriations because of their importance. Rut the simple fact is that the argument tonight is not what should be nonpreferred but what is nonpreferred. In considering a hudget for tonight, we are restrained to dealing with what is, not what we might wish it to be. Mr. Speaker. I urge an affirmative vote on HB 1.349.

sources by which to operate. Therefore, in my judgment, the first priority of this General Assembly must be to provide sufficient funds to deliver those essential services for which government is directly responsible. After these needs are met, and only after these needs are met. should we concern ourselves with providing supplemental funds to other projects and programs which, although they may be desirable and beneficial. are not the sole responsibility nor the direct respons~hility of state government.

To this end I believe there is no firmer basis for establishing priorities than this. Those items that we refer to as the nonpreferred appropriations are presently operating and will continue to operate regardless of whether or not the General Assembly

The SPEAKER. The Chair recognizes the gentleman from Berks. Mr. Gallen.

Mr. GALLEN. Mr. Speaker, I am the father of eight children, commonly referred ta as the eight pints of the gallon, the eight pints. Mr. Speaker, one of my sons is a student at Temple Uni- versity and I have two others in college a t this moment.

I was here in other years when this same scheme Mr. Man- derino told you ahout was propounded and, Mr. Speaker. it worked because the people who voted for this scheme, this very same scheme, voted for taxes.

Now Dr. Wise has been assured hy somebody somehow in their caucus that thls same thing somehow or other 1s going to happen, yet with no guarantee that the same people who will


vote for this scheme will vote for the taxes to fund it. Mr. Speaker, I have been here for 13 years and I receive a lot

of mail. Lately I have received a ton of mail from people in my district who are absolutely adamant in their opposition to any new taxes.

May of you are going to go up there and put your votes on the board for this scheme and then say, oh, well, I am not going to fund the nonpreferreds. I predict, Mr. Speaker, that this time Penn State will not be funded and I think we are going to have the worst debacle that you have seen in higher education ever in this Commonwealth.


service that rises to $28 million more than last year? The school subsidy formula that is in place, that is current

law, spends $80 milhon more this year than it spent last year. The welfare caseload in this Commonwealth, including cash

grants and county administration and medical assistance, those three items, are estimated to rise some $116 million over last year's expenditure without any change in the level of funding for those programs.

There are local government programs for child welfare, community juvenile delinquency, county inheritance tax collections, reimbursements for tax loss, mass transit, and public nursing homes funding that rise a total of $57 million. These

The SPEAKER. The Chair recognizes the majority leader. Mr. MANDERINO. Briefly, Mr. Speaker, a t least hopefully

briefly, I cannot let some of the remarks of the previous speakers go without comment. I think it was Mr. Pancoast who iudi- cated that what we are doing in voting in opposition to this budget and the reason that he was voting in opposition to the budget is hecause he did not agree with the policies of the ad. ministration and the manner in which the administration wanted to spend its money, and he was not going to vote for that hudget.

Well, the before you is not the way the administration wanted to spend its money. In this budget which calls for $300 million more in new revenues, there are these items which you will readily recognize were not in the Governor's hudget. There is $10 million for Johnstown. There is a $30-million rollover for philadelphia. ~h~~~ is $36 million in county aid, ~h~~~ is $105 million in the school subsidy and nonpublic school formulas. There is $30 million additionally to relieve the motor license fund of the state police in that amount so that they can do additional road repairs and hridge maintenance. That total figure comes to $211 million of spending that the G~~~~~~~ did not-did not, I repeat-have in his budget propos. L

al. His budget proposal called for $277 million in new revenues,

if you can recall, just to fund the general fund operations of this government. We, the legislature, the Senate and the House, so far are tailoring a budget which cuts $188 million out of what the Governor requested to fund his general fund obligations. From the $300 million that we are raising, he will receive for general fund purposes $89 million, not the $277 million that he asked for. It is not his program that we are funding; it is a program designed by this General Assembly. Place the blame where it belongs. Mr. Speaker, this is a budget, as the budgets in the last several years were, designed by the legislature.

I want to just take one more myth, and then I will sit down, one more myth, the myth that there are some $400 million in revenues around over and above what we spent last year that are available for programs such as the new school subsidy formula that you people voted for in more than a majority of your seats.

There are certain items that rise in this year's budget that we have no control over unless we change the laws that put them into effect. For instance, there is $28 million more in this year's hudget than last year's budget for debt service. Now how do you cut that out? What do we do to change the figure on debt

are programs that we mandated in this General Assembly and rise in the amounts of those figure indicated under formulas that we enacted or we approved.

In addition, there are colleges and universities that suffer the effects of inflation in the amount of $18 million. There are selected other programs-I will just read them-that come to a total of $29 million: Nursing home loans, state parks, insect spraying, correctional institutions, crime victims' compensation, the Hollidaysburg Veterans Home, youth forestry camps and youth development centers, state restoration centers, medical insurance for the retirees, where the figures rise $29 million on programs in effect and in place. That is a total of $387 million just in these programs of that $430 million that they are talking about that we have in additional revenues.

Now what about the other programs? What about the other agencies of state government? Well, we have provided, as I indicated, in the total hudget of the Governor, only $89 million Of the $277 that he was

Mr. Speaker, the majority leader in the Senate h e w these facts, knew that there was not the $400 million to pay for these new Programs, h e w that voting for a school subsidy formula that spent $100 million meant that he had to raise $100 million in new revenues, and he admitted it and he committed himself to vote for the program that puts those taxes in effect. And if the Republicans in this House cannot agree with the Repuhli- cans in the Senate on $100 million. how can they expect this side of the aisle to agree with them at this late date on the suggestions that they are making? They are frankly not candid with YOU. The arguments that they make do not rise to the level of veracity that I would like to see in this ~ o u s e .

What we are doing tonight is no different than what they did on occasion, and they were not appalled to do it. No one on the other side of the House, Mr. Hutchinson, nearly reeked when you did it. I do not think anyone on this side of the aisle nearly reeked. I t has been done in the past. We expect to do it with this budget. Yes, you will feel the pressure of the universities just as we will feel the pressure of the universities. They will be funded and, when they are funded, they will he funded with hi- partisan support just as the bipartisan support will pass those measures.

One of the speakers indicated that the persons who used that scheme voted for the taxes. I will tell him that taxes passed in one of those years with 130 votes, and it was not just those people who voted for that scheme. It was everyone who recognized their responsibility when the tax measure had to he passed, be-


cause everyone knew that higher education had to be funded, and I predict that that will happen again.

We will fund all of the programs of this Commonwealth. We will fund them this week by passing HB 1349. And when the universities begin in the fall and they need their money, we will live up to our responsibility, each of us, both sides of the aisle. and do what has to be done in raising the new revenues. I ask for an affirmative vote on HB 1349.

..

FILMING PERMISSION GRANTED I what we are going to do now-and I am sorry because many

matter of fact, all you have heard was a hunch of tearjerking. These people up in the galleries, I feel sorry for them, hecause many of them are state employes and they have been used as hostages and some of them do not realize it. They have been used as hostages.

By taking a hill such as HB 1349 and taking out of it the nonpreferreds would be, as Mr. Seltzer said-in other words, his quote-"Spend now: pay later." What you are going to do is


Mr. SELTZER. Thank you. Mr. Speaker. Mr. Speaker, if we could characterize this evening in a short

phrase, I think it would be, spend now; pay later. Spend now and pay later.

There is no such thing as a magic credit card. You all know that what you charge today, you pay for at the end of the month. Please do not fool yourselves or attempt to delude yourselves. You have before you a million-dollar appetite with a dime-store income. You know it; we know it. When this bill passes, the cash register of Pennsylvania is empty and it will stay empty until 102 of you people vote to fill it again.

You may call us irresponsihile tonight and you may call us irresponsible the day we do not vote for your tax hill, but remember, you spent the money, and we say you may have the privilege of voting for the taxes.

. . . -

again use our nonpreferreds as hostage, use the state employes as hostage, use the welfare people as hostage.

Let me tell you why they could have been funded. With the normal increase due to inflation and due to increase in salaries and due to sales tax increases and corporate net income taxes, we raise over $420 million this year over and above last year. If anybody doubts that, I got that right out of McIntosh's office. Check it out,

Now, the reason why they wanted the $300 million is because with the $450 million you would be able to take care of the in- debtedness that was incurred in the last session. You would be able to take care of it, and the total is over $420-some million because the $156 million you got is going to occur again this year, and you are going to wind up with some $425 million that you have to pay, no question about it.

I have a couple of guys hack here who are shook up now, and I did not intend to bring this out, but since they asked for it, now thev are noinn to net it.

The Speaker. The Chair announces a t this time that WPVI from Philadelphia, the UPI, and KYW-TV have been given permission for 10 minutes of filming on the floor of the House.

of these guys are ruy good friends-we are going to pay for irresponsibility; this is what you are going to pay for. And if you want to continue that kind of government, you can do it. And you guys here who promised-some of you guys have

The Chair recognizes the gentleman from Lehigh, Mr. Zeller, Mr. ZELLER. Mr. Speaker, with all respect to my good col-

league from Lehigh County, Mr. Ritter, I had not intended to rise to the floor. I was hoping that he would not have risen as he did for the simple reason he used a few adjectives that did not set too well with me, and one of them was "irresponsibility." The reason why I say this is because now I am going to have to tell it like it is, and it might just take all night to do it, Well, I have my hack to you; if you want to shoot it, go ahead. But I can tell you this right now: On July 29 of this year, a t that microphone right down there near the majority leader-and I am not going to read the statement, hut you heard it, and it was applauded-as a matter of fact, it was unprecedent- ed on the floor of this House to ever allow a member to chastise the Senate. That was done. The reason for it was because, in May of this year, the Senate saw fit to send SB 770 to us with a 5-percent decrease across the board and a 15-percent increase in welfare, and they loved it. They sent it to us. What we did with it was to take out the salaries for their employes and send i t hack so that it would have to be nonconcurred in, and it went to a conference committee.

They were playing games then and we let them have it, so they had that nightmare for a couple of months and they did not know what to do with it. I t was a hot potato. So they devised this gimmick. They devised it. And 1 am going to tell you some things that the Republicans have not even told you. As a

yielded-your people last year and every time you run about how you are going to hold the line - "I have got to save my people; I am going to hold the line." - Beautiful. Then you come down here and you melt. You melt right to putty in their hands; you melt. Is that not beautiful? You tell that to your taxpayers the next time you run, because these birds over here are going to chew you to pieces. This gang over here is going to chew you up and spit you out, because you are going to he voting for a phony issue when you say HR 1:i49 is beautiful, no taxes, no nothing. But we have $300 million taken out because of your uonpreferreds. You are using them as hostages, and where in the hell are you going to get the money? Where are you going to get it? Raise taxes. That is what you are going to do, and that is why when HB 67 came up yesterday, I saw a few guys over there and one of my own-I will mention his name-and I was ashamed that he voted for HB 67, one from my own district. I cannot believe it. He will not put the taxes up for it; I know he will not; but he voted for it. That was the phoniest move I ever saw in my life, and, Bill, you are going to have to eat those words. I will tell you one thing, I will face you anywhere in Le- high County and you are going to eat those words.

That is the kind of stuff that has been goiug on. There baa been just as much phony stuff going on over here as there has been going on overthere. That is a fact of life, and that is what the Republicans have not told you, about the phony moves on their part.


Therefore the taxpayers are going to lose again because we are going to fund irresponsibility. Do you know where it is going to go? Eighty percent of that money is going to go iuto the big cities because it is going to be funding courts. Jim, courts, the mass transportation, MH-MR. day care centers, prison systems in your big cities. That is where 80 percent of your money is going, Jim, and you know that is where it is going to go. That is where it is going to go. And we out in the rural areas get the shaft again. Right.

All I can say is that you just got to get hack iuto the sweat- boxes, Jim. Some of you guys who have yielded, get hack in the sweathox again and make love with the administration and the leadership. You will he A-one and you will get your secretaries, you will get your administrative assistant, you will get your own office, and, in the long run, the taxpayers are going to give you the shaft.

The SPEAKER. For the members of the press who have not yet found out, this is not necessarily the final vote on the measure hut this is the vote on the final passage.

stauding-and the Chair did not-the Chair would have recognized him.

Mr. MILLIRON. I do not want to go into this routine because we have had it before.

I pushed that button for 2 solid minutes and I was not recognized, not because of the fault of the Chair, but because the microphone was not turned on. If I had my microphone on, the roll would have had to have been stricken.

What I am saying is, Mr. Speaker, if I had been recognized, like I should have been, there would not have been a final total; therefore the Chair would not have been able to hase a quorum call.

The SPEAKER. Would the gentleman he satisfied if we call the question on recurring? Would the gentleman he satisfied if the Chair places the question?

Mr. MILLIRON. Then we start the count again for 10 minutes?

The SPEAKER. No, not for 10 minutes. Mr. MILLIRON. I will yield to the wishes of the majority

leader. On the question recurring,

The SPEAKER. The only way we can avoid the 10-minute Will the House concur in the Senate amendments?

rule would be for anv member in the hall of the House. orior to (Members proceeded to vote)

QUORUM CALL CHALLENGED

The SPEAKER. The Cham recognizes the from Blair. Mr. Milliron.

. . the taking of the roll call, to move the suspension of the rule.

Mr. MILLIRON. Mr. Speaker, no. A call for a quorum super- sedes even in the middle of a roll-call vote. I t is in order a t any time, including during a roll call, to my knowledge, Mr.

Speaker. A call for a quorum, Mr. Speaker, by its very nature says that a roll call cannot he taken unless there is a quorum

- . ...--- . - ~ ~

Mr. MILLIRON. Mr. Speaker, to my knowledge, a call for a quorum, even though it is obvious, requires that vote to he struck and then retabulated, which would he another 10 min. utes, once again I have tried to get on this microphone for about 2 minutes and have heen shut I reauest a auorum call

. . . . .. . senses, saying that I should have been recognized before the tally was there; otherwise, you have nothing to base a quorum I

present. The SPEAKER. Rather than have us involved, a t 25 minutes

to 1 in the morning, with debates over ~ a r l i a m e n t a r ~ procedures, since we waste more time in those debates than we might on retaking of the roll, the Chair will lace the question .~~

which would strike the vote and then have it put up again. The SPEAKER. For the information of the gentleman, Mr.

Milliron, the challenging of a quorum of this House is a rarely placed motion. I t may, however, he done if in the judgment of a member or the judgment of the speaker, a quorum is not in fact present. The roll call, however, clearly indicated that more than a quorum was present.

If it is the gentleman's desire to be recorded on the roll, the Chair will simply resort to the simple stratagem of ordering the clerk to strike the roll and will run the roll call again. 1s that the gentleman's problem? Does the gentleman wish to he recorded on the roll and did not have an opportunity?

Mr. MILLIRON. No, Mr. Speaker. I t is my understanding that the Chair is basing his finding of a quorum on the final roll call. However, due to the fact that I had been shut off, the basis of the final roll would not have been able to have been made by the Chair. I had been trying to get the attention of the Chair, Mr. Speaker, before the final tabulation had occurred. So I am not appealinr the final roll. I am aDoealinr to "our better

PARLIAMENTARY INQUIRY

again.


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

Mr. GREENFIELD. I yield to Mr. Englehart.

MOTION TO SUSPEND RULES

The SPEAKER. The Chair recognizes the gentleman from Camhria, Mr. Englehart.

Mr. ENGLEHART. Mr. Speaker, I move that this House do suspend the rule requiring the roll call to he open for only 10 minutes.

The SPEAKER. It has been moved by the gentleman, Mr. Englehart, prior to the taking of the roll call, that the House suspend that part of rule 66 which states, ". . . in no event shall such time exceed ten minutes. . . ." The question is on the motion and will require 102 votes to suspend that part of the rule.

on. The SPEAKER. The Chair recognizes the gentleman from The SPEAKER. The Chair does not understand the gentle- Mercer, Mr. Bennett. For what purpose does the gentleman

man's protest, hut if the Chair had recognized the gentleman rise?

tEGISLATIVE JOURNAL-HOUSE

The SPEAKER. Does the gentleman, Mr. Englehart, seek to man rise? ha mmnnirn~? Mr. DeMEDIO. I rise to a parliamentary inquiry.

Mr. BENNETT I rise to a parliamentary inquiry. The SPEAKER. The gentleman will state it. Mr. BENNETT. Is the Chair indicating to this Huuse that this

motion tha t is made is for this vote only? The SPEAKER. The Chair did not hear the motion made for

that purpose only, hut the Chair would assume that that is the purpose.

Mr. BENNETT. Thank you, Mr. Speaker.

The SPEAKER. The Chair recognizes the minority leader. Mr. BUTERA. Mr. Speaker, two points. The first point is, 1

was not going to object to your unilateral decision to take a second vote on the question because, I understood the mix up and I thought i t would be easier to solve i t that way rather than to go through a lot of parliamentary haggling. But Mr. Englehart's motion changes that. I would hope that this House would not take that giant step backward into the past that brought about the adoption of the 10-minute rule. I t is a mistake and I will in- sist, Mr. Speaker, if Mr. Englehart continues to press the question, tha t we first take a vote on the suspension of the rules to reconsider the bill again, thus permitting another vote to he taken, and then Mr. Englehart's motion may he in order and 1 would like to discuss it .

MOTION AMENDED

Y I

Mr. ENGLEHART. Mr. Speaker, if i t would make the minor. ity leader feel any better, I will amend my motion to say that we move to waive the rule for this vote only and make i t 20 minutes instead of 10 minutes. That will get us out of here a t 1 minute of 1.

without the necessity of going through a motion of reconsideration.

Mr. BUTERA. Well, then, Mr. Speaker, the only thing that would have been appropriate to have been brought to the attention of this House is a vote, and Mr. Englehart's motion would have been out of order because we are still in the middle of a vote, is what you are saying?

The SPEAKER. No, in actuality, if I recognized the gentleman, Mr. Milliron, before the announcement of the vote, the vote is stricken. And tha t means the Chair then places the question, a recurring question, shall the amendments inserted the Senate be concurred in by the House?, a t which time the gentleman, MI. Englehart, moves prior to the placing of the taking of the vote on the question tha t the rule which would limit that vote should be no more than 10 minutes he suspended.

Mr. BUTERA. Mr. Speaker, I suggest that a t tha t time there . 1s nothing else in order hut the taking of the roll. No motion is In order a t that time, such as tha t which is addressed by Mr. Englehart.


The SPEAKER. The Chair recognizes the gentleman from Washington, Mr. DeMedio. For what purpose does the gentle-


The SPEAKER. The Chair recognizes the minority leader. For what purpose does the gentleman rise?

Mr. BUTERA. I rise to a parliamentary inquiry. The SPEAKER. The gentleman will state it. Mr. BUTERA. Mr. Speaker, would you tell this House what

happens then after Mr. Englehart's motion passes, let us say? Of what value is it if we have no vote before us, unless we suspend the rules, reconsider the bill for a fourth time and then vote it again, because you do not have the power to unilaterally call for another vote'?

Now I was not going to object if you were going to have a quick vote so that Mr. Milliron's problem could he straightened out, but let us not compound a prohlem.

The SPEAKER. The attention of the Chair was diverted. Would the gentleman, Mr. Butera, restate his question?

Mr. BUTERA. Mr. Speaker, Mr. Englehart made a motion which I suggest is made in a vacuum because there is no vute eligible to he taken hy the House under our rules to which his motion would attach.

The SPEAKER. It is the helief of the Speaker, Mr. Butera, that the Speaker had mlt announced the final vote. He was interrupted prior to the announcement by the rising of the gentleman, Mr. Milliron. Therefore. the question could recur

The SPEAKER. The gentleman will s tate it. Mr. DeMEDIO. Mr. Speaker, time and time again on the floor

of this House, the Speaker has stricken votes and called for a revoting of the issue before the House. Is i t or is i t not the pre- rogative and the discretion of the Speaker as to striking a vote and calling for a revote on the issue?

The SPEAKER. The Chair recognizes the minority leader. Mr. BUTERA. Mr. Speaker, forget all that parliamentary

business. Let us get right to the question of the 10-minute rule. That is the question. I ask this House not to abrogate tha t rule. The reason why we instituted it was because of 3- and 4-hour roll calls. Let us not take that kind of a step backward.

And, Mr. Speaker, I am going to have a difficult time in the Republican caucus explaining this particular event in light of the fact that when we had the unusual event of having to elect you Speaker in mid-term, our caucus specifically addressed this question to you and you were so forthright in your answer to adhere to the rules, that I ask you to please ask Mr. Englehart to withdraw the motion so that we do not s tar t unnecessary controversy in Republican caucus to the Speaker of the House whom we respect?

Mr. DeMEDIO. Mr. Speaker. I requested a point of parliamentary procedure and asked the question. 1 was recognized. It has not been answered, and I submit that the minority leader is out of order and that my question should be answered before he is recognized.

The SPEAKER. The Chair thanks the gentleman. In the opinion of the Chair, i t is the prerugative of the

Speaker to strike a vote as long as the results of that vote have not yet been announced. The Chair would suggest that 12:45 in

2374 LEGISLATIVE JOURNAL-HOUSE A u g u s t 12,

the morning is not the time for us to spin our wheels on parliamentary procedures. We might better make the decision a s to how this House is going to progress. The Chair is not in favor of the suspension of the 10-minute rule, personally, hut a member has the right to move to suspend any rule of this House. And the Chair would suggest tha t the House make tha t decision, and the Chair has recognized the gentleman, Mr. Englehart, who moves tha t tha t par t of rule 66 which requires tha t the vote he taken and not to exceed 10 minutes he suspended, and t h a t in substitution thereof the rule shall read tha t the time period for the taking of this particular vote on this specific bill on concurrence shall be limited to no more than 20 minutes.

Those in favor of temporary suspension of the rule shall vote "aye," and those who a re opposed will vote "no." The members will proceed to vote.

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


Abraham Flaherty McCall Rieger Arthuw Gallagher McIntym Ritter Barber Gatski McLane Scanlon Bellomini Geisler Milanovich Schmitt Beloff Giammarco Milliron Schweder Berlin Oillette Miseevich Shelton Berson Bittinger Borski Brunner Caputo Cianeiulli Cohen Cole DeMediu DeWeese DiCarlo Dombrowski Donatucci Dumas Englehart Fee

Anderson Armstrong Bennett Bittle Brandt Rrown Burd Burns Butera Caltagirone Cassidy Cessar Cimini Cowell Davies DeVertrr Dietz Llininni Ilarr Doyle Duffy Fischer. R. R.

Gleeson Morris Goodman Mrkonic Gray Mullen. M. P. Greenfield Mullen, M. M. Harper Musto Hutchinson. A. Novak .Johnson O'Brien. B. Jones O'Uonnell Kelly Oliver Kowalyshyn Petrarca Lauphlin Pievsky Ixtterrnan Pratt l.incoln Prpnd~rgast 1,ivengood Rappaport Logue Ravenstahl Manderino Richardson

Gallpn Mackawski Gamble Madigan Garzia Manmiller Geesey MrClatchy George. C. M~hus George. M. Meluskey Gorhrl Millpr Grrenleaf Moehlmann Griero Mowery Halvrrson Noyr Hamilton O'Rrien. D. Hasay O'Conncll Haskell O'Keefe Hayes, U. S. Panroast Hayrs, S. k:. I ' s rk~r Hrlirick Picr.nlit Hr~ffel Pitts Honaman Puli t~ Hopkins 1'011 Hutchinson, W. Pylrs ltkin Reed Krrnlrk Rmwick

Shupnik Stewart Stuban Sweet Trpllo Valirenti Wansacz Wargo White Wiggins Williams Wisp Wright. D. Yahner Zitterman Zwikl

Sririca S~l tz r r Shunian Sirianni Sniith. E. Spitz Stars Stapleton Taddonio Taylor. E. Taylor. F. Tmaglio Vroon Wagner Wass Wpidner Wenger Wilson Wright. J . L Ynhn Zearfass Zell~r

Fisher, D. M. Faster, A. Faster, W. Freind Fryer

Klingaman Rhodes Zord Kolter Ruggiero Lehr Ryan Irvis, Levi Salvatore Speaker Lynch Scheaffer

I NOT VOTING-7

McGinnis Spencer Wilt Knepper Smith. L. Thomas

The question was determined in the negative and the motion was not agreed to.

QUESTION OF PERSONAL PRIVILEGE

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

Mr. PICCOLA. I rise to a question of personal privilege. The SPEAKER. The gentleman will state it. Mr. PICCOLA. Mr. Speaker, there are presently in the

gentleman's lounge of this House marked "House Members Only" gentlemen who are not members of the House. I would respectfully request tha t the Speaker order tha t lounge cleared of nonmembers.

The SPEAKER. The sergeant a t arms will remove from the lounge all those individuals who do nut have the privilege or the right to be there.

On the question recurring. Will the House concur in the Senate amendments?

(Members proceeded to vote) The SPEAKER. Does the gentleman, Mr. DiCarlo, seek recog-

nition? Mr. DiCARLO. Yes, Mr. Speaker. I realize tha t the only thing

in order is the taking of the roll. but I just have some sort of a n objection to Mr. Piccola's question of personal privilege which you granted without any dispensation or discussion.

The SPEAKER. We will grant the gentleman a chance after the taking of the roll to reply to the point of personal privilege.

Mr. DiCARLO. Mr. Speaker. could you instruct the sergeant a t arms not to do anything at this time?

The SPEAKER. No, the Chair will not do that because the Chair's instructions were quite clear. There is to he no one in the lounge except those who have the privilege or the right to be there. And if you do have the right and privilege of being there, then the sergeant a t arms will not remove you.

The Chair now has within its personal knowledge certain facts which the Chair did not have when the Chair ordered the lounge cleared. The card game may continue.

The Chair recognizes the gentleman. Mr. DiCarlo. Mr. DiCARLO. Mr. Speaker. for the information of the Chair.

if you would check. there is no card game going on back there. llid you want to strike the vnte or not'? Mr. Speaker, the problem is. tlicre are a lot of visitors. We

have eight from Erie County who are here. There is no room in our offices. The rlnly men's room that is available is on this floor back here. That is the only place where they can sit. They are not in the hall of the House.


The SPEAKER. They a r e privileged a s guests of t h e members t o use t h e room. Tha t would he one of t h e privileges which the Chair mentioned.

Mr. DiCARLO. Thank you, Mr. Speaker. The SPEAKER. Eight minutes and 55 seconds have run on

this roll call. The Chair does no t in tend to recognize anybody else until th is roll has been completed.

On t h e question recurring, Will t h e House concur in t h e Senate amendments?

Agreeable to t h e provisions of the Constitution, t h e following roll call was recorded:

Arthurs Barber Bellomini Beloff Bennett Berlin Berson Bittinger Borski Brown Brunner Caputo Cianciulli Cohen Cole DeMedio DiCarla Dombrowski Donatucci Dumas Englehart Fee Fryer Gallagher

Abraham Anderson Armstrong Bittle Brandt Burd Burns Butera Caltagirone Cassidy Cessar Cimini Cowell Davies DeVerter DeWeeae Dietz Dininni Dorr Doyle Duffy Fischer, R. R. Fisher, D. M. Flaherty Foster, A.

YEAS-93

Gatski McIntyre Geisler McLane George, C. Milanovich Giammarco Miller Gleeson Milliron Goodman Miscevich Gray Morris Greenfield Mullen, M. P. Harper Mullen, M. M. Hasay Musto Hopkins Novak Hutchinson, A. O'Brien. B. Itkin O'Donnell Johnson Oliver Jones Petrarca Kelly Pievsky Kowalyshyn Prendergast Laughlin Rappaport Letterman Ravenstahl Lincoln Reed Livengood Renwick Logue Rhodes Manderina Richardson McCall Rieger

NAYS-100

Faster, W. Lynch Freind Mackowski Gallen Madigan Gamble Manmiller Garzia McClatchy Geesey Mebus George, M. Meluskey Gillette Moehlmann Goebel Mowery Greenleaf Mrkonie Grieeo Noye Halverson O'Brien, D. Hamilton O'Connell Haskell O'Keefe Hayes, D. S. Pancoast Hayes. S. E. Parker Helfrick Piccola Hoeffel Pitts Honaman Polite Hutchinson, W. Pott Kerniek Pratt Klingaman Pyles Kolter Ruggiero Lehr Ryan 1,evi Salvatore

Ritter Scanlon Schmitt Schweder Shelton Shupnik Stewart Stuban Trello Valicenti Wansacz Wargo White Wiggins Williams Wise Wright. D. Yahner Zitterman Zwikl

Irvis, Speaker

Scheaffer Scirica Seltzer Shuman Sirianni Smith, E. Spitz Stairs Stapleton Sweet Taddonio Taylor, E. Taylor. F. Tenaglio Vroon Wagner Wass Weidner Wenger Wilson Wright, J . L Yohn Zearfass Zeller Zord

NOT VOTING-7

Katz McGinnis Spencer Wilt

Knepper Smith, L. Thomas

Less than t h e majority required by t h e Constitution having voted in the affirmative, t h e question was determined in the negative and t h e amendments were not concurred in.

Ordered. Tha t t h e clerk inform t h e Senate accordingly.

RULES S U S P E N D E D TO RECONSIDER V O T E

The SPEAKER. The Chair recognizes t h e majority leader. Mr. MANDERINO. Mr. Speaker, I move t h a t t h e rules be sus-

pended so t h a t this House may reconsider t h e vote by which i t failed to concur in amendments inserted by t h e Senate to HB 1349.

The SPEAKER. This motion requires t h e votes of 1 0 2 members.

O n t h e question, Will t h e House agree to t h e motion?


Abraham Anderson Arthurs Barber Bellomini Beloff Bennett Berlin Berson Bittinger Bittle Borski Brandt Brown Brunner Butera Caputo Cassidy Cianciulli Cimini Cohen Cole DeMedio DeWeese DiCarlo Dininni Dombrawski Donatucci Doyle Dumas Englehart Fee

Armstrong Burd Burns Caltagirone Cessar Cowell Davies DeVerter Dietz Dorr Duffy Fischer, R. R.

YEAS-125

Faster, A. McCall Freind McIntyre Fryer McLane Gallagher Mebus Garzia Miianovich Gatski Miller Geesey Milliron Geisler Miseevich George, C. Morris Giammarca Mowery Gleeson Mrkonic Goodman Mullen, M. P. Gray Mullen, M. M. Greenfield Musto Harper Novak Hasay O'Brien, B. Hoeffel O'Connell Hookins O'Donnell Hkchinson, A. 6 ' ~ e e f e Itkin Oliver Johnson Petrarca Jones Pievsky Kelly Pratt Laughlin Prendergast Lehr Rappaport Letterman Ravenstahl Lincoln Reed Livengoad Renwick Logue Rhdes Lynch Richardson Manderino Rieger Manmiller Ritter

NAYS-69

Gillette Mackowski Gaebel Madigan Greenleaf MeClatchy Grieco Meluskey Halverson Moehlmann Hamilton Noye Haskell O'Brien, D. Hayes, D. S. Pancoast Hayes, S. E. Parker Helfrick Piccola Honaman Pitts Hutchinson, W. Polite

Scanlon Schmitt Schweder Seirica Seltzer Shelton Shupnik Spencer Spitz Stapleton Stewart Stuban Sweet Taylor, F. Trello Valicenti Wansacz Wargo Wass White Wiggins Williams Wise Wright, D Yahner Yohn Zitterman Zwikl

Irvis, Speaker

Seheaffer Sirianni Shuman Smith, E. Stairs Taddonio Taylor, E. Tenaglio Vroon Wagner Weidner Wenger


Fisher, D. M. Kernick Pott Wilson Flaherty Klingaman Pyles Wright, J. L. Foster, W. Kalter Ruggiero Zearfoss Gallen Kowalyshyn Ryan Zeller Gamble Levi Salvatore Zord George, M.

NOT VOTING-6

Katz McGinnis Thomas Wilt Knepper Smith, L.

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

VOTE RECONSIDERED

The SPEAKER. The Chair recognizes the majority leader. Mr. MANDERINO. Mr. Speaker, I move tha t the vote by

which the House failed to concur in the Senate amendments to HB 1349, P N 1890, be reconsidered.

The SPEAKER. This is on the matter of reconsideration; it is not a vote on the substance of the bill.



YEAS-122

Abraham Faster, A. McCall Scanlon Anderson Freind McIntyre Schmitt Arthurs Fryer McLane Sehweder Barber Gallagher Mebus Seirica Bellomini Garzia Milanovich Seltzer Beloff Gatski Miller Shelton Bennett Geisler Milliron Shupnik Berlin George, C. Miscevich Spencer Berson Giammareo Morris Spitz Bittinger Gleeson Mrkonic Stapleton Bittle Goadman Mullen, M. P. Stewart Barski Gray Mullen, M. M. Stuban Brown Greenfield Musto Sweet Brunner Harper Novak Taylor, F. Butera Hasay O'Brien. B. Trello Caputo Hoeffel O'Connell Valicenti Cassidy Hopkins O'Dannell Wansacz Cianeiulli Hutchinson. A. Oliver Wargo Cimini ltkin Pancoast Wass Cahen .Johnson Petrarea White Cole Jones Pievsky Wiggins DeMedio Kelly Pratt Williams DeWeese Kowalyshyn Prendergast Wise DiCarla Laughlin Rappaport Wright, D. Dininni Letterman Ravenstahl Yahner Dombrowski Lincoln Reed Yahn Donatucci Livengood Renwick Zitterman Doyle Logue Rhades Zwikl Dumas Lynch Richardson Fee Manderino Rieger Irvis, Flaherty Manmiller Ritter Speaker

NAYS-70

Armstrong George. M. Madigan Scheaffer Brandt Gillette McClatchy Shuman Burd Goebel Meluskey Sirianni Burns Greenleaf Moehlmann Smith. E. Caltagiron~ Halversan Mowery Stairs Cessar Hamilton Noye Taddanio Cowell Haskell O'Brien, D. Taylor. E.

Davies Hayes, D. S. O'Keefe Tenaglio DeVerter Hayes, S. E. Parker Vroon Dietz Helfrick Piceola Wagner Dorr Hanaman Pitts Weidner Duffy Hutchinson, W. Polite Wenger Fischer, R. R. Kernick Pott Wilson Fisher. D. M. Klingaman Pyles Wright, J. L. Foster, W. Kalter Ruggiera Zearfoss Gallen Lehr Ryan Zeller Gamble Levi Salvatore Zord Geesey Mackowski

NOT VOTING-8

Englehart Katz McGinnis Thomas Grieco Knepper Smith, L. Wilt

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


HB 1349 PASSED OVER

The SPEAKER. The Chair recognizes the majority leader. Mr. MANDERINO. Mr. Speaker, I move t h a t HB 1349 be

passed over. The SPEAKER. It has been moved by the majority leader

tha t HB 1349, P N 1890, on concurrence in Senate amendments go over for today.

Mr. MANDERINO. Mr. Speaker, when you said "over for today," you were talking ahnut Friday, were you not?

The SPEAKER. That is correct. We were still, I am told, on Friday's Journal and Friday's legislative day. We shall see you here tomorrow.

Mr. MANDERINO. Mr. Speaker, I think this House ought to recess for about 2 hours and come back a t 3 o'clock in the morning.

The SPEAKER. The Chair recognizes the gentleman from Philadelphia, Mr. Richardson, For the purpose of making an announcement. Does the gentleman wish to he recognized?

Mr. RICHARDSON. Mr. Speaker, 1 will yield to the majority leader until we take the vote on the motion to recess. I have an announcement tha t I would like to make, but 1 think this is more important.

BILLS PASSED OVER The SPEAKER. Without objection, all remaining bills on to-

day's calendar will be passed over. The Chair hears no objection.

MOTION T O ADJOURN

The SPEAKER. The Chair recognizes the majority leader. Mr. MANDERINO. Mr. Speaker, I think we ought to do that ,

bu t I would now move tha t we adjourn this House until Satur- day, the 13 th day of August, a t 1 p.m.

The SPEAKER. I t has been moved by the majority leader tha t this House adjourn until Saturday, August 13, 1977, a t 1

p.m. For what purpose does the gentleman, Mr. Richardson, rise?

EGISLATIVE JOURNAL-HOUSE

Mr. RICHARDSON. On tha t question, Mr. Speaker, I would like to have a roll-call vote.

The SPEAKER. On tha t question the Chair intended that there would he a roll-call vote.



Abraham Faster, A. McClatchy Seltzer Arthurs F r y ~ r Meluskey Shuman Bellomini Gallagher Milanovich Shupnik Bennett Gatski Miscevieh Sirianni Rittle Geisler Moehlmann Stairs Brown Brunner Butera Caputo Cassidy 'Crssar Cohen Davies DeMedio Dininni Durr Doyle Englehart Fee

Anderson

Gillette Gleeson Goodman Halverson IIamiltan Hayes, S. E. Hoeffel Hopkins Kernirk Kowalyshyn L ~ v i Lincoln Logue Mandrrino

Mowrry Mullen, M. M. O'Brien, D. O'Keefe Pratt Prendergast Rappaport Ravenstahl Kenwick Khodes Kuggiero Salvatore Scheaffer Scirira

Gamble Madiean

Stapleton Sweet Taddonio Taylor, F. Trello Wargo Wise Wright, D Yahner Yohn Zord

Irvis. Speaker

Ritter

~ ~ ~~p ~

WELCOMES The SPEAKER. The Chair welcomes to the hall of the House

Sandra Deitz, who is the daughter of Representative Dietz, and Sandra's friend, Doris Smith, from Bedford.

The SPEAKER. The Chair is pleased to welcome to the hall of the House as the guest of Representative Stephen Reed of Dau- phin County, a former citizen from Pakistan, now a citizen of the United States, Mrs. Rhashaida Khan.

We are delighted to have you here and pleased tha t we have a new citizen of the United States.

The SPEAKER. The Speaker has the distinct pleasure of presenting a young lady who worked in the hall of this House a s a page when she was 13, but who now, the Speaker thinks, is about the prettiest 18-year-old in the state, his daughter, Sherri.

She did not really come here to visit with her Dad. She came with her Mother who joined in the protest and was shouting down in the hallways: we want a budget.


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

Mr. W. D. HUTCHINSON. I rise to a parliamentary inquiry. The SPEAKER. The gentleman will s ta te it. Mr. W. D. HUTCHINSON. Would the Chair advise me, Mr.

Speaker, whether or not the proceedings of this House a t this

Barber Geesey McCall Scanlon Reloff George. C. MrIntyrr Schmitt Berlin George, M. MeLane Schweder Brrson (;iammarco Mebus Shelton

~-~~~

Armstrong Garzia ~ a n i i l l e r Ryan

Bittinger Goebel Miller Smith. E. Borski Grsy Miliiron Spencer Rrandt Greenleaf Morris Snitz

I t ime are appearing live on television on the Public Television

Rurd Burns Caltnglrone Clenr~ullt Clm~ni Cole Cowell llel'erter 1)eWeese 1)iCarla Oirlz Ilomhrowski Donaruc~.i L)"ff? Dumas Fischer. R. R Fisher. D M Flah~rty Foster. \\'. Freind Gallcci

Grieco Mrkonic ~ i e w a r t Harper Mullen. M. P. Stuban Hasay Must" Taylor. E. Haskell Novak Tenaglio Hayes, D. S. Noye Valicenti Helfrick O'Brien, B. Vmon Honaman O'Connell Wagnt-r Hutchinson. A. Olivpr Wansarz Hutchinson Itkin Johnson Jones Kelly Klinparnan Kolter Laughlin Ikhr Letterman Livengood Lynch Markonski

. w. P*,,,ast Parker Petrarm Piccola Pi~vsky Pitts Polite Pott Pyles Reed Richardson Rieger

Wass Weidner Wenger White W i g ~ n s Williams Wilson Wright. J L Zearfuss Zeller

NOT VO'HNG-8

Greenfield Knepper O'Unnnell Thomas Katz MrCinnis Smith. L. Wilt

The questii~n was determined in the negative and the motion was not a g r e ~ d to.

Network? The SPEAKER. The Chair is not aware they are appearing

live a t this moment. The Chair would have to make an i n ~ u i r v . . to see if tha t is the fact.

The Chair has been informed tha t the cameras a re live. The Chair is unable to ascertain how long the live broadcast has taken place.

Mr. W. D. HUTCHINSON. Mr. Speaker, whatever the differences tha t divide us and whatever the problems tha t we may have, this is an important body and this is an important issue. This is said to he the House of the people, and I would therefore urge the gentlemen and ladies of this House to so conduct themselves. Although the hour is late, and I would hope tha t the public would understand tha t we get tired too and sometimes do foolish things, I would urge us to ohserve decorum.

Now, Mr. Speaker. a t this point I would suggest or, if I am in order, I would like to make a motion, if I may, Mr. Speaker.

The SPEAKER. The gentleman will state his motion. Mr. W. D. HUTCHINSON. First of all, would the majority

leader stand for interrogation a minute, please? The SPEAKER. 'The majority leader indicates that he will

stand fur interrogation. The gentleman from Schuylkill is in order and may proceed.

Mr. W. 1). HUTCHINSON. Mr. Speaker, I am not quite sure what is appropriate protocol a t this point myself, hut I do wish to he courteous. The nlrltir~n that I would have made, Mr. Major- ity Leader, would have her!" a motion that this House do now adjourn until 1 p.m. tomorrow a f t ~ r n o o n . However. I would be

2378 LEGISLAmE JOURNAL-HOUSE August 12,

myself, I support the motion. I t sounds good to say that we should go on longer, hut I think we reach a point of diminishing returns and we get less done if we stay than if we come hack somewhat refreshed. I think the gentleman does need time and I think we ought to support him.

The SPEAKER. I t has been moved by the majority leader t h a t this House do stand adjourned until Saturday. August 13. 1977, a t 11 a.m.

willing to defer to the majority leader if he wishes to replace tha t motion.

Mr. MANDERINO. Mr. Speaker. 1 have difficulty inter- preting the vote of the House. I think the members on this side voted against a motion to adjourn until 1 o'clock tomorrow because they would rather stay and work all night. I inter- preted the vote on the other side against the motion to adjourn until 1 o'clock, and I could he in error, tu mean that many memhers of the other side wanted to begin earlier in the day. That sounds like what was intended.

I, a s the majority leader, have some fine tuning to do on the vote calculation and I need the time, a t least several hours, in the morning. I would suggest tha t perhaps we could compromise to 11 o'clock, and if a t tha t time I find I am still short some time, I just may ask for an extension for an hour or so if t h a t becomes necessary. But if i t does not become necessary, we could come in and begin working a t about 11 o'clock.

ADJOURNMENT Mr. MANDERINO. I would ask tha t the motion he that this

House do now adjourn until Saturday, August 13, 1977, until 11 a.m., and I so move.

The SPEAKER. The Chair recognizes the minority leader. Mr. BUTERA. Mr. Speaker, having been in the same position

On the question. Will the House agree to the motion'?

Berlin Berson Bittinger ~ i t t l ~ Brandt

~ ~ ~ ~ ~ e r ~~~d Burns Butera Caltagirone caputo Cassidy

E:EG c,,hen Cole

~ ~ ~ ~ d i ~ DeVerter Dietz Dininni Dombrowski Dorr Doyle Duffy Ee"eglehart

Fisher, D. M, Flaherty ~ ~ ~ t ~ ~ , A. Foster, W.

Gatski Meluskey Geisler Milanavich George. C. Miller George. M. Miscevieh Gillette Moehlmann Gleeson Morris Goebel Mowery Goodman Mrkanic Greenfield Mullen, M. M. Greenleaf Musto Grieca Noye Halverson O'Brien, D. Hamilton O'Connell Hasay O'Keefe Hayes. S. E. Oliver Helfrick Pancoast Hoeffel Parker Honaman Petrarca Hopkins Pievsky Hutchinsan. A. Polite Hutchinsan. W. Pott Itkin Pratt Kernick Rappaport Klingaman Ravenstahl Kolter Renwiek Kowalyshyn Rhodes Laughlin Ritter Lehr Ruggiero Letterman Ryan Levi Salvatore Lincoln Schmitt Logue Scirica Lynch

Barber Giammarco Beloff Gray Borski Haskell Cianciulli Hayes. D. S. DeWeese Johnson DiCarlo Jones Donatucci Kelley Dumas Livengood Fischer. R. R. Mackowski Geesey Manmiller

McIntyre Milliron Novak Piccola Pitts Prendergast Pyles Reed Richardson

The following roll call was recorded: I NOT VOTING-10

Abraham Freind Madigan Seltzer Anderson Fryer Manderino Shelton Armstrong Gallagher McCall Shuman Arthurs Gallen MrClatchy Shupnik Bellomini Gamble McLane Sirianni Bennett Garzia Mebus Smith. E,

Spencer Spitz Stairs Stapleton Stewart Stuban Sweet Taddonio Taylor. F. Tenaglio Trello Valieenti Wagner Wansacz Wargo Wass Weidner Wenger Wilson Wise Wright. D. Wright, J. L. Yahner Yahn Zearfoss Zeller Zitterman Zord Zwikl

Irvis, Speaker

Rieger Scanion Scheaffer Schweder Taylor, E. Vroon White Wiggins Williams

Harper McGinnis O'Donnell Thomas I Katz Mullen. M. P. Smith. L. Wilt Knepper O'Brien. B

The question was determined in the affirmative and the motion was agreed to and (at 1:20 a.m.. e.d.r.1 the House adjourned.

Tt - PA General · PDF file9P * d d* Tt f FRIDAY, AUGUST 12,1977 Session of 1977 161st of the...

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