commonwealth of pennsylvania legislative journal

COMMONWEALTH OF PENNSYLVANIA

LEGISLATIVE JOURNAL

TUESDAY, OCTOBER 1, 1985

SESSION OF 1985 169TH OF THE GENERAL ASSEMBLY No. 55

HOUSE OF REPRESENTATIVES 1 HB 571;

The House convened at I1 a.m., e.d.t. HB 891; I HB 982;

THE SPEAKER (K. LEROY IRVIS) IN THE CHAIR

PRAYER

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

0 Thou Sovereign and Eternal Lord, it is with reverence and respect that we draw near to Thee in this hour. We recognize Thee as the God over all and the providential provider of all mankind. We beseech Thee to reach out to these stewards of Thine in every hour of need, and show to them Thy love and abundant care. We ask that Thou wilt strive to motivate and lead each of us in the attainment of Thy will and way, and we humbly pray that Thy loving arms may enfold and keep each of us in the benediction of Thy blessed peace. Amen.

HB 1039; HB 1041; HB 1086: HB 1345; HB 1621; HB 1647; HB 1648; HB 1649; SB 606; SB 901; and SB 902.

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

MASTER ROLL CALL

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

(The Pledge of Allegiance was enunciated by members.)

JOURNAL APPROVED

thereto.

The following roll call was recorded:

PRESENT-194

Afflerbach Distler Lauehlin Rieeer

The SPEAKER. The Chair is informed that the Journal for Thursday, June 27, 1985, is now in print, and unless the Chair hears objection, the Chair authorizes the Journal to remain in print as transcribed. The Chair hears no objection

JOURNAL APPROVAL POSTPONED

Angstadt Dombrowski Lescovitz ~ o b b i n s A ~ ~ ~ I I Danatucci Letterman Rudy Arty Dorr Ixvdansky Ryan

i:t;'e"," Duffy Linton Rybak Durham Livengood Salaom

~,tti , t , Evans Llavd Saurman

The SPEAKER. The Journal for Monday, September 30, 1985, not yet being in print, the approval of said Journal will be delaved until the Journal is in orint. and the Chair hears no objection to that

Belardi Belfanti Birmelin Black Blaum Bortner Bowley Bowser Boves

Fargo Fattah Fee Fischer Flick Foster, J r . , A . Fox Freeman Freind

~ u c i k McCall McClatchy McHale Mackawski Maiale Manderino Manmiller Markosek

Scheetz Schuler Semmel Serafini Seventy Showers Sirianni Smith, B. Smith. L . E

Fryer Mayernik Snyder. D. W. Gallagher Merry Snyder. G . M.

Bunt Gallen Michlovic Staback BILLS REMOVED FROM TABLE I Burd Gamble Micorzie Stairs

Burns Cannon Miller Steighner Geist The SPEAKER. The Chair recognizes the majority leader. E:;hirone George Moehlmann Stevens

Morris Stewart Mr. MANDERINO. Mr. Speaker, I move that the follow- Caonabianca ~ l ~ d ~ ~ k Mowerv Stuban

ing bills be lifted from the table and placed on the active cal- Gadshall klrkonic Sweet

endar: Cawley Greenwood Murphy Swift Cessar Gruitra Nahill Taylor, E. Z. Chadwick Gruppo Noye Taylor, F. E. I ~ i m i n i Hagarty O'Brien Taylor, I.

1632 LEGISLATIVE JOURNAL-HOUSE OCTOBER 1 ,

Civera Clark Clyrner Cohen Colafella Cole Cordisco Cornell Coslett Cowell coy Deluca DeVerter DeWeese DaleY

Haluska Harper Hasay Hayes Herman Hershey Honaman Howlett Hutchinson ltkin Jackson Jarolin Johnson Kasunic Kennedy

O'Donnell Olasz Oliver Perzel Petrarca Petrane Phillips Piccola Picvsky Pistella Pills Pott Pratt Preqsmann Preston

Telck Tigue Trello Truman Van Horne VCO" Vroan Wambach Wass Weston Wilson Wogan Worniak Wright, D. R Wright. J . L .

CALENDAR

BILLS ON SECOND CONSIDERATION

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

HB 1396, PN 2076. * * *

The House proceeded to second consideration of HB 375, PN 2072, entitled:

~avfes Kenney Punt right, R. C. Dawida Kosinski Raymond Yandrisevits I An Act amending the act of April 9, 1929 (P. L. 177, No. 175), -.., ,,..,... :.L "s~.. known as "The Administrative Code of 1929." reauirina the v r a ~ ~XUKUYILU n c u c ~

Dietz Langtry Reinard Irvis, Dininni Lashinger Richardson Speaker

ADDITIONS-7

Acasla Carn Levin Wiggins Barber Jorcphs Roebuck

NOT VOTING-2

Book McVerry

EXCUSED-0

LEAVES ADDED-3

Book Evans McVerry

LEAVES OF ABSENCE

The SPEAKER. The Chair now turns to leaves of absence. The Chair recognizes the minority whip. Mr. HAYES. Thank you, Mr. Speaker. 1 request a leave for the gentleman from Allegheny, Mr.

McVERRY, for the day, and the gentleman from Allegheny, Mr. BOOK, for the week.

The SPEAKER. Without objection, and the Chair hears no such objection, the leaves are granted.

There are no requests from the Democratic side. The Chair thanks the gentleman.

MEMBERS' PRESENCE RECORDED

The SPEAKER. The lady from Philadelphia, Ms. Josephs' name will be added to the master roll.

The gentleman from Philadelphia, Mr. Barber, the gentleman from Philadelphia, Mr. Carn, the gentleman from Phila- delphia, Mr. Roebuck, and the gentleman from Philadelphia, Mr. Wiggins' names will be added to the master roll.

WELCOMES

The SPEAKER. We have as guests here today Lucille and Elizabeth Geesey. They are former residents of Marietta and are now living in Trinidad. They are here as the guests of Kenny Brandt. Welcome to the hall of the House.

Representative David Levdansky has Mr. David Pershing, who is the commander of the VFW Post 7632, here as his

. - Department of Environmental Resources to give notice to municipalities of orders for abatement of nuisances; and requiring the Department of Environmental Resources to publish and advertise the text of certain consent agreements and orders and make - copies of such orders and agreements available at regional offices.

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

BILL RECOMMITTED

The SPEAKER. The Chair recognizes the majority leader. Mr. MANDERINO. Mr. Speaker, I move that HB 375, PN

2072, be recommitted to the Committee on Appropriations for a fiscal note.



An Act authorizing the Department of Environmental Resources to make grants to river watch groups; establishing procedures for the application for and utilization of grant money; and making an appropriation.


BILL RECOMMITTED

The SPEAKER. The Chair recognizes the majority leader. Mr. MANDERINO. Mr. Speaker, I move that HB 1087 be

recommitted to the Committee on Appropriations for a fiscal note.


* * *


guest. Welcome, Commander. Welcome to the hall of the House.

1985 LEGISLATIVE JOURNAL-HOUSE 1633

An Act reauirine the disclosure of eifts to institutions of higher 1 * * * . - education made by foreign governments, foreign legal entities and foreign persons.

- I The following bill, having been called up, was considered for the second time and agreed to, and ordered transcribed for

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

HB 1427, PN 2061.

BILL RECOMMITTED I * * *

The House proceeded to second consideration of HB 1555, The SPEAKER. The Chair recognizes the majority leader. Mr. MANDERINO. Mr. S~eaker . I move that HB 971 be

PN 2062, entitled:



* * *


An Act amending the act of March 10, 1949 (P. L. 30, No. 141, known as the "Public School Code of 1949," empowering certain boards of school directors to grant limited tax exemptions for increases in real estate values resulting from residential construction.


BILL RECOMMITTED

An Act amending the act of March 10, 1949 (P. L. 30, No. 14), The SPEAKER. The Chair recognizes the majority leader. known as the "Public School Code of 1949," providing for reim- M ~ , MANDERINO. sDeaker, 1 move that HB 1555, bursement of school districts for the costs of conversion to pN 2062, be recommitted to-the Committee on Appropri. natural gas.

ations for a fiscal note. On the question,


Will the House agree to the motion?

BILL RECOMMITTED Motion was agreed to.

* * * m he SPEAKER. The Chair recognizes the majority leader. Mr. MANDERINO. Mr. Speaker, I move that HB 1428 be


On the question,

sale of unused and unnecessary lands and buildings. I BILL REC(

.,-he H~~~~ proceeded to second consideration of HB 1416, pN entitled:

An Act relating to the prevention and reduction of premature death and disability in this Commonwealth; providing for assis- tance. coordination and support of the development and mainte-

Will the House agree to the motion? Motion was agreed to.

* 1 1

The House proceeded to second consideration of SB 286, PN 1049, entitled:

On the question, The SPEAKER. The Chair recognizes the majority leader. Will the House agree to the bill on second consideration? Mr. MANDERINO. Mr. Speaker, I move that HB 1416 be

. . nance of a comprehensive emergency medical services system and for qualifications, eligibility and certification of emergency medical services personnel and licensing ambulance services; imposing powers and duties on the Department of Health; and making repeals.

On the question,

BILL RECOMMITTED recommitted to the Committee on Health and Welfare for further study.


The SPEAKER. The Chair recognizes the majority leader. Mr. MANDERINO. Mr. Speaker, I move that SB 286 be


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


* * *

LEGISLATIVE JOURNAL-HOUSE OCTOBER 1,

HB 1401, PN 1706; and HB 1402, PN 1707. * * *

The House proceeded to second consideration of SB 376, PN 959, entitled:

An Act amending the act of May 27, 1953 (P. L. 244, No. 34), entitled "An act relating to and regulating the contracts of incor- porated towns and providing penalties," authorizing incorpo- rated towns to lease, sell, convey and acquire property.


BILL RECOMMITTED

The SPEAKER. The Chair recognizes the majority leader. Mr. MANDERINO. Mr. Speaker, I move that SB 376, PN

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

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

* * *

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

HB 650, PN 2074: HB 702, PN 800; HB 1052, PN 1210; HB 1053, PN 1211; SB 603, PN 676; and SB 924, PN 1085.

BILLS ON THIRD CONSIDERATION

The House proceeded to third consideration of HB 1185, PN 1671, entitled:

An Act amending the act of March 10, 1949 (P. L. 30, No. 14), known as the "Public School Code of 1949," providing for courses of study in local voting procedures in public schools; and making editorial changes.

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

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

The question is, shall the bill pass finally? Agreeable to the provisions of the Constitution, the yeas

and nays will now be taken.

YEAS-199

Afflerbach Distler Laughlin Robbins Angstadt Dombrowski Leacovitz Roebuck Argall Donatucci Lenerman Rudy Any Dorr Levdansky Ryan Baldwin Duffy Linton Rybak Barber Durham Livengood Saloom Barley Evans Lloyd Saurman Battisto Fargo Lucyk Scheetz Belardi Fattah McCall Schuler Belfanti Fee McClatchy Semmel Birmelin Fischer McHale Serafini Black Flick Mackowski Seventy

Blaum Foster, Jr. , A. Maiale Showers Bortner Fox Manderina Sirianni Bowley Freeman Manmiller Smith, B. Bowser Freind Markosek Smith. L. E, Boyes Brandt

Burd Burns Bush Caltarirane

Carn Cawley Cessar Chadwick Cimini Civera Clark Clymer Cohen Colafella Cole Cordisco Cornell Coslett Cowell Coy Deluca DeVerter DeWeese Daley Davies Dawida Deal Dietz Dininni

Acosta

Fryer Gallagher Gallen Gamble Cannon Geist George Gladeck Godshall Greenwood Gruitra Gruppo Hagarty Haluska Harper Hasay Hayes Herman Hershey Honaman Howlett Hutchinsan ltkin lackson

Mayernik Merry Michlovic Micozrie Miller Moehlmann Morris Mowery Mrkanic Murphy Nahill Noye O'Brien O'Donnell Olasr Oliver P e r ~ e l Petrarca Petrone Phillips Piccola Pievsky Pistella Pittv ~ ~~~~

Iarolin Pot1 Johnson Pratt Josephs Pressmann Kasunic Preston Kennedy Punt Kenney Raymond Kasinski Reber Kukovich Reinard Langtry Richardson Lashinger Rieger

NOT VOTING-2

~nyde; , D. W. Snyder, G. M. Staback Stairs Steighncr Stevens Stewart Stuban Sweet Swift Taylor, E . 2. Taylor. F. E. Taylor, 1. Telek Tigue Treflo Truman Van Harne Veon Vraon Wambach Wass Westan Wieein?

~ U U ~ ~ ~ ~

Wilson Wagan Wozniak Wright, D. R . Wright, J . L. Wright, R. C. Yandrisevitr

Irvis, Speaker

Book McVerry

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

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

MEMBER'S PRESENCE RECORDED AND REMARKS ON VOTE

The SPEAKER. The gentleman from Philadelphia, Mr. Acosta's name will be added to the master roll.

Mr. Acosta, we had the vote on final passage of HB 1185 as you were walking in. Would you havevoted in the affirmative or in the negative?

Mr. ACOSTA. In the affirmative. The SPEAKER. In the affirmative. The gentleman's remarks will be spread upon the record.

LEGISLATIVE JOURNAL-HOUSE

BILLS ON THIRD CONSIDERATION CONTINUED

between brothers and sisters or their spouses.


The SPEAKER. This bill has been considered on three different days and agreed to and is now on final passage.


and nays will now he taken.

YEAS-197

Acosta Dininni Laughlin Roebuck Afflerbach Distler Leicovitz Rudy Aneitadt Dombrowski Letterman Ryan

NAYS-1

Brauias


An Act amending the act of March 4, 1971 (P. L. 6, No. 2), known as the "Tax Reform Code of 1971," excluding transfers


Ordered, That the clerk present the same t o the Senate for concurrence.

NOT VOTING-3

Hutchinson Levin Pistella

EXCUSED-2

McVerrv


An Act amending the act of June I, 1937 (P. L. 1168, No. 294), known as the "Pennsylvania Labor Relations Act," further providing for unfair labor practices.

I On the question, ~ r g a l l Donatucci Levdansky ~ y b a k Arty Dorr Lint on Salaom Baldwin Duffy Livengood Saurman Barber Durham Lloyd Scheetz Barley Evans Lucyk Schuler Battisto Fargo McCall Scmmel Belardi Fattah McClatchy Serafini Belfanti Fee McHale Serenty Birmelin Fischer Mackowski Showers Black Flick Maiale Sirianni

Cornell ltkin Pievsky Weston Cotlett Jackian Pistella Wiggins

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



and nays will now he taken. Blaum Foster, Jr., A. Manderino Smith, B. Bortner Fox Manmiller Smith, L. E. Bawley Freeman Markosek Snyder, D. W. Bawser Frcind Mayernik Snyder, G. M. Bayea Fryer Merry Staback Brandt Gallagher Michlovic Stairs Bunt Gallen Micozzie Steighner Burd Gamble Miller Slevens Burns Gannan Moehlmann Stewart Bush Geist Morris Stuban Caltagirone George Mowery Sweet Cappabianca Gladeck Mrkonic Swift Carlion Godshall Murphy Taylor, E. Z. Carn Greenwood Nahill Taylor, F. E. Cawley Gruitra Naye Taylor, J . Cessar Gruppo O'Bricn Telek Chadwick Hagarty O'Dannell Tiguc Cimini Haluska Olasr Trello Civera Harper Oliver Truman Clark Hasay Perzel Van Horne Clymer Hayes Petrarca Veon Cohcn Herman Petrone Vroon Colafella Hershey Phillips Wambach Cole Hanaman Piccola W ~ S S Cordisco Howlett Pievsky West on Carnell ltkin Pitts Wiggins Coslett Jackson Pot1 Wilson Cawell Jaralin Pratt Wogan COY Johnson Pressmann Wozniak Deluca Josephs Preston Wright, D. R. DeVerter Kasunic Punt Wright, J . L. DeWeese Kennedy Raymond Wright, R. C. Daley Kenney Reber Yandrisevits Davies Kosinski Reinard Dawida Kukovich Richardson Irvis. Deal Langtry Rieger Speaker Dietz Lashinger Robbins

YEAS-183

Acasta Dombrawski Lashinger Rieger Afflerbach Danatucci Laughlin Roebuck Angstadt Dorr Lescavitz Rudy Argall Duffy Letter man Ryan Arty Durham Levdansky Rybak Baldwin Evans Linton Saloam Barber Fattah Livengood Saurman Battist0 Fee Lloyd Schuler Belardi Fischer Lucyk Semmel Belfanti Foster, Jr., A. McCall Serafini Black Fax McClatchy Seventy Blaum Freeman McHale Showers Bortner Freind Mackowski Sirianni Bowley Fryer Maiale Smith, B. Boyes Gallagher Manderino Snyder, D. W. Brandt Gallen Manmiller Snyder, G. M. Braujas Gamble Markosek Staback Bunt Gannon Mayernik Stairs Burd Geist Michlavic Steighner Burns George Micozzie Stevens Bush Gladeck Miller Stewart Caltagirone Godshall Moehlmann Stuban Cappabianca Greenwood Morris Sweet Carlion Gruitza Mrkonic Swift Carn Gcuppo Murphy Taylor, E. Z. Cawley Hagarty Nahill Taylor, F. E. Cessar Haluska O'Bricn Taylor, J. Cimini Harper O'Donnell Telek Civera Hasay Olasz Tigue Clark Hayes Oliver Trello Clymcr Herman Perzel Truman Cohen Hershey Petrarca Van Horne Colafclla Honamdn Pelrone Veon Cole Hawlett Phillips Wambach Cordiico Hutchinson Piccola Wass


Cowell Jaralin Pot1 Wogan COY Johnson Pratt Wozniak DeWeese Josephs Pressmann Wright, D. R. Daley Kasunic Preston Wright, J. L. Davies Kennedy Punt Wiight, R. C . Dawida Kenney Raymond Yandrisevits Deal Kosinski Reber Dietz Kukovich Reinard Icvis, Dininni Langtry Richardson Speaker Distler

NAYS-16

Barley Deluca Merry Robbins Birmelin DeVerter Mowery Scheetz Bowser Fargo Noyc Smith, L. E. Chadwick Flick Pitts Vroon

NOT VOTING-2

Levin Wilson

EXCUSED-2

Book McVerry



WELCOME

The SPEAKER. The Chair welcomes to the hall of the House the president of Cheyney University here as the guest of the members of the Black Caucus. Dr. McCummings is to the left of the Chair. Welcome to the hall of the House, Doctor.

REMARKS ON VOTES

The SPEAKER. The Chair recognizes the gentleman from Allegheny, Mr. DeLuca. Are you rising to correct a vote?

Mr. DeLUCA. Yes, Mr. Speaker. Am I in order to do so? The SPEAKER. Go right ahead. Mr. DeLUCA. Mr. Speaker, on HB 487 1 inadvertently

pushed the wrong button. I want to be recorded in the affirmative.

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

The Chair recognizes the gentleman from Bucks, Mr. Wilson. Why do you rise?

Mr. WILSON. F o i the same reason. I missed the vote on HB 487, Mr. Speaker. I would like to be recorded in the affirmative.


BILLS ON THIRD CONSIDERATION CONTINUED


An Act amending the act of July 28, 1953 (P. L. 723, No. 230), known as the "Second Class County Code," further providing for hydroelectric generating facilities.





Acosta Afflerbach Angstadt Argall Arty Baldwin Barber Barley Battisto Belardi Belianti Black Blaum Bartner Bowley Bowser Boyes Brandt Braujos Bunt Burd Burns Bush Caltagirone Cappabianca Carlsan Carn Cawley Cessar Chadwick Cimini Civera Clark Clymer Cohen Colafella Cole Cordisca Cornell Coslett Cowell Cay Deluca DeVener DeWeese Daley Davies Dawida Deal Dietz

Birmelin

Dininni Distler Dombrowski Donatucci Dorr Duffy Durham Evans Farga Fattah Fee Fiicher Flick Foster, Jr., Fox Freeman Freind Fryer Gallaeher Gallen Gamble Cannon Geist George Gladeck Godshall Greenwood Gruitza Gruppo Hagarty Haluska Harper Hasay Hayes Herman Hershey Hanaman Howlett Hutchinsan ltkin

Lashinger Laughlin Lescovitz Letterman Levdansky Linton Livengood Lloyd Lucyk McCall McClatchy McHale Mackawski

A. Maiale Manderino Manmiller Markosek Mayernik Merry Michlovic Micorzie Miller Moehlmann Morris Mowery Mrkonic Murphy Nahill O'Brien O'Donnell Olasr Oliver Perrel Petrarca Petrone Phillips Piccola Pievsky Pistella Pitts

Rabbins Roebuck Rudy Ryan Rybak Saloom Saurman Scheetz Schuler Semmel Serafini Seventy Showers Sirianni Smith, B. Smith, L. E. Snyder, D. W. Snyder, G. M. Staback Stairs Steighner Stevens Stewart Stuban Sweet Swift Taylor, E. 7,. Taylor, F. E. Taylor, J. Telek Tigue Trello Truman Van Harne Veon Wambach Wass Weston Wiggins Wilson

Jackson Pot1 Wogan Jarolin Pratt Wozniak Johnson Pressmann Wright. D. R. Josephs Preston Wright, J. L. Kasunif Punt Wright, R. C. Kennedy Raymond Yandrisevits Kenney Reber Kasinski Reinard Irvis, Kukavich Richardson Speaker Langtry Rieger

NAYS-3

Noye Vroon

NOT VOTING-I


The House proceeded to third consideration of HB 177, P N 193, entitled:

- --

EXCUSED-2 ' Book McVerry

he majority required by the Constitution having voted in the affirmative, the question was determined in the affirmative.

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

* * 1

An Act amending the "Pennsylvania Bituminous Coal Mine Act," approved July 17, 1961 (P. L. 659, No. 339), removing a provision relating to steam locomotives; and prohibiting the use of internal combustion engines in underground coal mines.

sures. The primary reason they were passed by this chamber was that it was our collective opinion that long-range cancer- causing problems could exist, and we do not want diesel

in Pennsylvania mines as long as these cancer-causing problems have not been definitively studied,

The studies by the Pennsylvania Department of Health are lingering in the G ~ ~ ~ ~ ~ ~ ~ ' ~ Office at the present time, and if extensive debate is necessary, 1 would hope that it would come in the Senate. I would ask for the membership to pass these



The auestion is. shall the bill oass finallv?

On final passage, the Chair recognizes the gentleman from Montgomery, Mr. Saurman.

Mr. SAURMAN. Mr. Speaker, I just feel that it is incum- bent that I enter into the record certain bits of information with regard to this legislation. It is a situation that has been debated and been before this House before, and yet in the intervening period there still is no definitive evidence that diesel engines are in fact a health hazard in the mines. In fact, diesel equipment has been operating in Europe since 1930, and there are over 1,000 diesel units now operating in 82 underground coal mines and 7,000 pieces of diesel equipment in coal mines worldwide. There are 82 mines in this country that have diesel equipment, and there is only one State that forbids their use, and that is West Virginia. There have in fact been some studies that have indicated that the use of diesel equipment would in fact assist coal mine operators in increas- ing their productivity. That fact could indeed make our coal industry more competitive.

1 think that we ought to seriously consider the fact that over the past years DER (Department of Environmental Resources) has not put any diesel equipment in, and therefore, there is no great rush to overflow our mines with diesel equipment, but we ought to allow the opportunity for experi- mentation rather than close down that opportunity by this legislation.

I would ask that you would vote against this bill. Thank you, Mr. Speaker.

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

DeWeese, on final passage. Mr. DeWEESE. Mr. Speaker, Mr. Telek, two sessions ago,

guided these measures to passage. During the last session of the Assembly, the men and women who work in the coalfields lobbied hard and we realized the second passage of these mea-

measures for the third time today without much further debate. Thank you.

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

Bucks, Mr. Wright. Mr. J . L. WRIGHT. Thank you, Mr. Speaker. I rise to second the remarks of Representative Saurman

regarding a negative vote on the bill. I would point out to the members that the bills are sup-

ported by the United Mine Workers and are opposed by the operators of the mines, who are interested, perhaps, in devel- oping more coal mine facilities in Pennsylvania. I am not sure that I understand the opposition by the United Mine Workers, because there are several United Mine Worker mines in other States that have used diesel equipment.

I would reiterate that there is no evidence by any responsi- ble authorities that the use of diesel engines underground has caused health problems. I would strongly suggest to the membership that a negative vote on this bill and the subsequent bill may help to provide some new jobs for the State of Pennsyl- vania. I suggest that these bills be voted down.

The SPEAKER. The Chair recognizes the gentleman from Fayette, Mr. Kasunic.

Mr. KASUNIC. Thank you, Mr. Speaker. Mr. Speaker, I rise in support of final passage of HB 177. 1

ask my colleagues here on the floor of the House to vote affir- matively simply because I do not feel there has been enough research done on the use of diesel equipment in the mines. We are asking men to go underground and take their lives into their hands. What we would be doing right now by not supporting this legislation would be to allow the diesel engine into the mines, which can cause serious health hazards along with the safety hazards that may exist.

1 cite an example: the Beehive Mine in Utah in which a fuel line burst and caught fire. The fire could not be extinguished because it was so intense. That section of the mine is now sealed and has not been reopened. There is also some question as to what caused the fire in the Wilburg Mine in Orangeville, Utah, where diesel equipment is used. That fire occurred in December of 1984, and there are 27 bodies still entombed in that mine. As of yet, they have not been able to open the mine to find out what actually caused it, but there is some question as to the reason it was caused and there is some question or shadow of doubt because of diesel use in that mine.

I ask my fellow colleagues to take this into consideration and please vote in the affirmative for this bill today. Thank you very much.


The SPEAKER. The Chair thanks thegentleman. The Chair recognizes the gentleman from Jefferson. Mr.

Smith. Mr. L. E. SMITH. Mr. Speaker, I really know how futile

this effort is, hut this question of health that has been brought up here is really a lot of hogwash. But what you people really want to think about is that Pennsylvania does have a tremen- dous amount of underground coal, and it is going to stay underground in Pennsylvania until the productivity comes up to meet foreign competition. You are going to see more influx of imported coal and less mining in Pennsylvania.

All this diesel-engine question is about is the electricians' jobs in the United Mine Workers, and that is the whole question. I would ask you to vote in the negative.

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

Snyder. Mr. G. M. SNYDER. Thank you, Mr. Speaker. I would ask each and every one of my colleagues to seri-

ously consider the thoughts that Representatives Saurman, Wright, and Smith had to say here this morning. I will bring just a very brief but different perspective to it, and that is that there are large numbers of Pennsylvanians, particularly in the York County area, that do indeed manufacture components for diesel engines. This type of bill - the one that we are con- sidering here today - could very well jeopardize not only their jobs hut the growth of those kinds of jobs in York County and the rest of Pennsylvania.

I respectfully ask that you vote in the negative on this pro- posal.

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

Broujos. Mr. BROUJOS. Mr. Speaker, the proponents of this bill

have failed to meet their burden with respect to evidence and documentation as t o the problems that support their advocacy of this bill. On the contrary, the injuries and damage from electrical sources have been well documented, and 1 would ask for a negative vote on this bill.

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

Mr. TRELLO. May I interrogate the prime sponsor, Mr. Speaker?

The SPEAKER. Will the gentleman, Mr. DeWeese, stand for interrogation? The gentleman indicates he will so stand. The gentleman, Mr. Trello, is in order, and you may proceed.

Mr. TRELLO. Mr. Speaker, what is the purpose of disal. lowing diesel engines in the coal mines?

Mr. DeWEESE. Mr. Speaker, the disallowance, one would assume, is a t least temporary -temporary until people within the epidemiology department of the UMWA (United Mine Workers Association) research element conclude that cancer. causing problems d o not exist in diesel fuel. They are righl now understandably quite tremulous about the idea of allow. ing diesel engines in Pennsylvania underground coal mines when in fact that kind of activity could indeed produce cancer

in their work force in the years ahead. That is the reason we are trying to make this prohibition, After 5, LO, 15 years of additional study, there is an excellent chance that the Mine Workers, for reasons of additional jobs and production, would modify their point of view. But today and during the last several years when Representative Jim Wright of the Mines and Energy Committee and Bill Telek and a lot of us on both sides joined to vote for these measures in the past, the reason was for health of coal miners.

Mr. TRELLO. Does the organization have any objections to using gasoline in the coal mines?

Mr. DeWEESE. 1 do not know, but I would assume so. Mr. TRELLO. Well, the reayon why I am asking is because

during the emissions program here in Allegheny County and a number of counties throughout the State, gasoline-driven automobiles must comply with an emissions test hut diesel- fueled trucks and automobiles do not have to comply with an emissions test. Do you know why?

Mr. DeWEESE. I am told by my colleague from Washing- ton County, Mr. Daley, that the equipment is not available to test the diesels. Also, I would like to add the perspicacious comment of the gentleman, Mr. Saloom, from Westmoreland County, who indicated to me in caucus yesterday that diesel engines have been prohibited in Lebanon, so other people are moving in the same direction.

Mr. TRELLO. Thank you, Mr. Speaker. One short, brief statement. I asked the same questions when the Federal Government

mandated that we have an emissions program in 10 counties throughout Pennsylvania, and my consrituents questioned me why the big trucks and the buses and the locomotives were exempt from these emissions tests. The answer from the Federal Government as indicated to me was that there is no problem with diesel fuel; it creates no harm and presents no danger. That being the case, 1 cannot understand why, if there is no danger outside, why will there be a danger inside?

I think this bill should require more study, and 1 plan to vote against it until we study it a little bit further. Thank you.

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

Mr. FOSTER. Thank you, Mr. Speaker. 1 likewise rise to oppose the bill, because if we prohibit

diesel engines in mines, the alternative is electric engines, and it is well documented that the leading cause of fire from such malfunctions is in electrical engines. Based on that, 1 would ask for a negative vote on the bill.

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

Sweet. Mr. SWEET. Mr. Speaker, I rise in favor of both HB 177

and its companion. There is a lot of talk on the floor of the House and there is a lot of conjecture about whether or not diesel engines are safe for coal miners. When an issue like this develops and the people in my district who work in the mines and who are represented by the United Mine Workers tell me that after study and after sober reflection they believe that

1985 LEGISLATIVE

diesels are unsafe, then those are the people whom 1 am going to vote for.

I do not think we ought to start citing Penn State studies and arguing about what happened in Utah and doing a whole host of other things on the floor of the House today. The House Mines and Energy Management Committee has considered this matter for months. This House of Representatives has passed this bill three different sessions and sent it to the Senate. I do not think there is any more time or any more reason for continued verbal discussion without the facts and figures.

The people who ought to know best and the people who are at the most risk are the people who are telling us that diesel engines are unsafe. Until I am completely convinced that they are wrong, I am going to vote in favor of this hill, and I think every good-thinking member of this General Assembly who is at all concerned about working men and working women in coal mines ought to vote in favor of this bill. Let us not get off into whether or not there are going to be a couple of sales of a couple of diesels somewhere but whether or not this is going to somehow affect the price of coal. 1 am as interested as any member on the floor of this House in having a strong, vibrant coal industry in this State, but let us not do it at the risk of the health and the safety of those men and women who vote and who work in the coal mines of Pennsylvania.

Thank you very much, Mr. Speaker. I ask for an affirmative vote.

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

Stewart. Mr. STEWART. Thank you, Mr. Speaker. I rise to support the legislation before us for all the reasons

just stated by the gentleman, Mr. Sweet, but 1 would like to answer the concerns of Representative Trello as far as the emissions in Allegheny County and the difference between gasoline-burning engines and diesel engines.

The reason for the Federal emissions inspection order was to reduce the levels of sulfur dioxide and nitrous oxide in the air, none of which are produced by burning diesel fuel. However, burning diesel fuel does produce other gases, and in the confined area of a mine, any gas accumulation at all, as you can imagine, is dangerous.

So comparing the emissions inspection in Allegheny County and other parts of the State as required by the EPA (Environ- mental Protection Agency) to the burning of diesel fuel underground is no comparison at all and should not sway any of the members' votes. 1 urge the passage of HB 177.

The SPEAKER. The Chair recognizes the gentleman from Washington, Mr. Daley.

Mr. GEIST. Mr. Speaker?

PARLIAMENTARY INQUIRY

The SPEAKER. The Chair recognizes the gentleman from Blair, Mr. Geist. Why d o you stand?

JOURNAL-HOUSE 1639

Mr. GEIST. Would it be proper at this time to make a motion?

The SPEAKER. What motion do you wish to make? Mr. GEIST. A motion to recommit this bill for further

study. The SPEAKER. The motion would stand, yes. Do you wish

to make the motion now? Mr. GEIST. Yes; 1 do. The SPEAKER. Mr. Daley, do you yield? Mr. Daley yields to Mr. Geist. Mr. Geist moves that the bill be recommitted to the Com-

mittee on Mines and Energy. Mr. DALEY. I do not yield, Mr. Speaker. The SPEAKER. I beg your pardon, Mr. Geist. Mr. Daley

says he did not yield the floor. You will have to wait until your turn.

The Chair recognizes the gentleman, Mr. Daley, therefore, to debate on final passage.

Mr. DALEY. Thank you, Mr. Speaker. I also rise in support of HB 177.1 think all of us have heard

the debate for many years. The volumes of study are still out. If this House should err, it should err on the side of safety and good judgment to protect the lives and health of those workers, and 1 ask you to take that into consideration when you place your vote. Thank you, Mr. Speaker.

The SPEAKER. The Chair recognizes the gentleman from Butler, Mr. Burd.

Mr. BURD. Thank you, Mr. Speaker. Mr. Speaker, I rise in opposition to HB 177, and 1 d o so

because if the issue that we are debating here is an issue of safety in the mine, as I recollect when we debated this particular concept of legislation the last time in this General Assem- bly, there had been during that period of time that we were debating it a mine accident in one of our mines in Penusyl- vania-it was in ihe headlines at the very time that we were debating this issue-and it was proven conclusively without a doubt that that mine accident and fire actually occurred because of sparks from an electric motor within that mine itself.

Now, I believe one of our members just got up and made mention to that fact that it has been proven conclusively that most mine fires are caused by electrical sparks, and it is for that reason I would like to address the use of a diesel engine in a coal mine and the use that would he put into practice for that engine.

If the membership here is not familiar with long-wall mining, I would like to explain it in as short a layman's terms as I possibly can. Long-wall mining merely means that you are going to take a wall of coal, such as this wall of the General Assembly over here, and move equipment along that wall of coal until it comes to an end, then move the equipment ahead and bring that mining equipment back.

Now, if you are going to do that with an apparatus that is powered by an electrical motor, you have to then continu- ously drag an electrical wire behind that equipment as it moves across that wall of coal, and then it is dragged hack as


it moves the opposite direction along that wall of coal. Now, when I arn talking about dragging an electric line, 1 am not talking about dragging an extension cord. I am talking about dragging a line that is probably 3 inches in diameter, and for you who are familiar with electricity, it has about 440 volts in it which will kill on contact anybody who might come in contact with a line of that size with that type of voltage.

Now, it would seem to me that as that line continues to be drawn back and forth along that wall of coal, that line could become snagged or bruised in such a fashion that an accident like that in fact could occur; whereas if you would put a diesel engine on that piece of apparatus, that engine would ride right along with the apparatus as it went back and forth along that wall of coal and there would be no danger in rupturing an electric line that would be supporting that power equipment as it did the job of mining the coal.

Now, you get down to the question of the exhaust from the diesel engine itself. Believe me, Mr. Speaker, the exhaust from that diesel engine- First of all, the diesel engine does not run on spark; it runs on compression. There are no spark plugs in a diesel engine. The only place that you are going to see any flame or any type of anything of heat that could possibly cause a fire would be out of the exhaust. That exhaust is put through a very complicated system of scrubbers to take all of the noxious airs out of the exhaust itself, and in final it is run through water to be sure that no spark can escape from that engine.

So if we are actually talking about and the issue really is the safety of those miners, 1 would suggest to you that that diesel engine running on that type of equipment is far, far more safe than an electric motor would be on that very similar piece of equipment.

I could go further with my debate on this, Mr. Speaker. 1 would only add one thing. Modern technology today has allowed us to make diesel fuel out of coal itself, and 1 really and truly cannot understand why anybody would like to deter the use of diesel, especially in a coal mine.

It is for those reasons, Mr. Speaker, I give you-and I could go on and on, because this thing was debated before- but for those reasons 1 rise in opposition to HB 177. Thank you, Mr. Speaker.

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

Haluska. Mr. HALUSKA. Mr. Speaker, it is rather ironic that we

stand here today and try to encourage more consumption of fuel oil in our mines. Our greatest consumer of coal is the public utilities, and if we reduce the consumption of electricity in the mines, we are going to reduce also the production of coal. I think what we are doing here is just contrary to our beliefs, because just last year we passed legislation asking the public utility to encourage those utilities who are using oil to convert to some version of coal in order to produce electricity in order to get greater production of coal in Pennsylvania. So it seems very odd that on one hand we ask that the utilities discontinue the use of oil for producing electricity, and then on

the other hand the opponents of this legislation are trying to tell the mine industry to use more consumption of fuel oil.

So I think we should be concerned with what entity helps the coal industry, and I ask for a favorable response to HB 177. Thank you.

The SPEAKER. The Chair thanks the gentleman.

1 MEMBER'S PRESENCE RECORDED

The SPEAKER. The gentleman, Mr. Levin's name will be added to the master roll at this time.

CONSIDERATION OF HB 177 CONTINUED

MOTION TO RECOMMIT

The SPEAKER. The Chair recognizes the gentleman from Blair, Mr. Geist.

Mr. GEIST. Thank you, Mr. Speaker. At this time I would like to make a motion to recommit this

bill to Mines and Energy. The SPEAKER. It has been moved by the gentleman, Mr.

Geist, that HB 177 be recommitted to the Committee on Mines and Energy.

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

The SPEAKER. On the motion, the Chair recognizes the gentleman from Jefferson, Mr. Smith.

Mr. L. E. SMITH. Mr. Speaker, 1 support that motion. This is clearly a collective-bargaining item, and that is where it should stay.

The SPEAKER. On the motion, the Chair recognizes the gentleman from Westmoreland, Mr. Petrarca.

Mr. PETRARCA. Mr. Speaker, I oppose recommittal of this bill. This bill has been around 6 years. It passed unani- mously when Mr. Telek had it. It is the same bill, and I raise the same objection. I said it was a collective-bargaining bill 4 years ago, but no one listened to us.

There is no sense of returning the bill. Everything would be redundant. A meeting would be called off the floor of the House, and we would have it tomorrow. So let us bite the bullet and vote the bill.

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

I The following roll call was recorded:

Arty Distler Barley Dorr Battisto Durham Birmelin Fargo Bowser Fischer Boyes Flick Brandt Foster, Ir., Bunt Fox Burd Freind Burns Gallen Bush Gamble Carlson Gannon Cessar Geist

Johnson Raymond Kennedy Reinard Langtry Robbins Letterman Ryan Mackowski Saurman Manmiller Scheetz

A. Markosek Schuler Mayernik Semmel Merry Serafini Micozrie Sirianni Miller Smith, B. Moehlmann Smith, L. E. Morris Snyder. G. M

LEGISLATIVE JOURNAL-HOUSE

Chadwick Gladeck Mrkonic Stairs Cimini Godshall Nahill Stevens Civera Greenwood Noye Swift Clymer Gruppo O'Brien Taylor, E. Z. Cornell Hagarty Perzel Trdlo Coslett Hasay Petrone Vroan COY Hayes Phillips Weston DeVeRer Hershey Piccola Wilson Davies Honaman Pitts Wright. 1. L. Dietz Jackson Pott Wright, R. C . Dininni

NAYS-106

A e o ~ t a Deal Levdansky Rybak Afflerbach Dombrowski Levin Saloam Angstadt Danatucci Linton Seventy Argall Duffy Livengoad Showers Baldwin Evans Lloyd Snyder. D. W. Barber Fattah Lucyk Staback Belardi Fee McCall Steighner Belfanti Freeman McClatchy Stewart Black Fryer McHale Stuban Blaum Gallagher Maiale Sweet Bonner George Manderino Taylor, F. E. Bowley Gruitra Michlavic Taylor. J . Braujos Haluska Murphy Telek Caltagirone Harper O'Dannell Tigue Cappabianca Herman Olasz Truman Carn Howlett Oliver Van Horne Cawley Hutchinson Petrarca Veon Clark ltkin Pievsky Wambaeh Cohen Jarolin Pistella Wass Colafella Josephs Pratt Wiggins Cole Kasunic Pressmann Wogan Cordisco Kenney Punt Wozniak Cowell Kosinski Reber Wright, D. R. Deluca Kukovich Richardson Yandrisevits DeWeese Lashinger Rieger Daley Laughlin Roebuck Irvis, Dawida Lesfovitz Rudy Speaker

NOT VOTING-2

Mowery Preston

EXCUSED-2

Book McVerry

The question was determined in the negative, and the motion was not agreed to.

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

tution, the yeas and nays will now be taken.

YEAS-106

Acosta Dornbrowski Levin Rybak Afflerbach Donatucci Lintan Saloom Angstadt Duffy Livengood Serafini Areall Durham Llovd Showers d aid win Barber Battisto Belardi Belfanti Blaum Bowley Caltagirone CaDDabianca

Evans Fattah Fee Freeman Fryer Gallagher George Gruitra Haluska

~ u c i k Staback McCall Steighner McHalc Sterens Manderino Stewart Markosek Stuban Michlavic Sweet Mrkanic Taylor, F. E Murphy Telek O'Donnell Tieue

~ a ; " Harper Olasz Truman Cawley Hasay Oliver Van Horne Clark Herman Petrarca Veon Cohen Hutchinson Petrone Wamba~h Colafella ltkin Pievsky Wass

Cole Cardisco Coslett Cowell Deluca DeWeese Daley Dawida Deal

Jarolin Josephs Kasunic Korinski Kukovich Lashinger Laughlin Leicovitz Levdansky

Pistella Pratt Pressman" Preston Reber Richardson Rieger Roebuck Rudy

NAYS-95

Wiggins Wilson Wogan Wozniak Wright, R. C Yandrisevits

Irvis, Speaker

Arty Dininni Kennedy Raymond Barley Distler Kenney Reinard Birmelin Dorr Langtry Robbins Black Fargo Letterman Ryan Banner Fischer McClatchy Saurman Bowser Flick Mackowrki Scheetr Boyes Foster, Jr., A. Maiale Schuler Brandt Fox Manmiller Semmel Broujos Freind Mayernik Seventy Bunt Callen Merry Sirianni Burd Gamble Miconic Smith, B. Burns Gannon Miller Smith, L. E. Bush Ccist Moehlrnann Snyder, D. W. Carlson Cladeck Morris Snyder, G. M. Cessar Codshall Mowery Stairs Chadwick Greenwood Nahill Swift Cimini Cruppo Noyc Taylor, E. Z. Civera Hagarty O'Brien Taylor, J. Ciymer Hayes Perzel Trello Cornell Hershey Phillips Vroan Coy Honaman Piccola Weston DeVerter Howlett Pitts Wright, D. R. Davies Jackson Pott Wright, J . L. Dietz Johnson Punt

NOT VOTING-0

EXCUSED-2

Book McVerry



* * I

The House proceeded to third consideration of HB 178, P N 194, entitled:

An Act amending the "Pennsylvania Anthracite Coal Mine Act,"approved November 10, 1965 (P. L. 721, No. 346). prohibiting the use of internal combustion engines in underground coal mines.



The question is, shall the hill pass finally? Agreeable to the provisions of the Constitution, the yeas


Acosta Dombrawski Linton Saloam Afflerbach Donatucci Livengoad Serafini Angstadt Duffy Lloyd Showers Argali Durham Lucyk Staback Arty Evans McCall Steighner


Baldwin Barber Battisto Belardi Belfanti Blaum Bowley Caltagirone Cappabianca Carn Cawley Clark Cohen Calafella Cole Cardisco Coslett Cowell Deluca DeWeese Daley Dawida Deal

Barley Birmelin Black Bortner Bowser Boyes Brand1 Brauias Bunt Burd Burns Bush Carlson Cessar Chadwick Cimini Civera Clymer Cornell COY DeVener Davies Dietr

Fattah McHale Fee Manderino Freeman Markosek Fryer Michlovic Gallagher Mrkanic George Murphy Gruilza O'Donnell Haluska Olasz Harper Oliver Hasay Perzel Hershey Petrarca Hutchinson Petrone ltkin Pievsky Jarolin Pistella Josephs Pratt Kasunic Pressman" Kosinski Preston Kukovich Richardson Lashinger Rieger Laughlin Roebuck Lescovitz Rudy Levdansky Rybak Levin

NAYS-91

Dininni Kennedy Distler Kenney Dorr Langtry Fargo Letterman Fiacher McClatchy Flick Mackowski Foster, Jr.. A. Maiale Fox Freind Gallen Gamble Geist Gladeck Godshall Greenwood Gruppo Hagarty Hayes Herman Honaman Howlett Jackson Johnson

NOT

Manmiller Mayernik Merry Micouie Miller Moehlmann Morris Mawery Nahill Noye O'Brien Phillips Piccala Pitls POI1 Punt

VOTING-2

Stevens Stewart Stuban Sweet Taylor, F. E. Telek Tigue Truman Van Horne Veon Wambach Wass West on Wiggins Wilson Wogan Wozniak Wright, R. C. Yandrisevitr

Irvis, Speaker

Raymond Reinard Rabbins Ryan Saurman Scheetr Schuler Semmel Seventy Sirianni Smith, B. Smith, L. E. Snyder, D. W. Snyder, G. M. Stairs Swift Taylor, E. 2. Taylor, J. Trella Vroan Wright. D. R. Wright, 1. L.

Gannon Reber

EXCUSED-2



WELCOME

The SPEAKER. We have as our guests brought here by Representative Fran Weston, Rosemary Rau, Eileen Graham, and Paul Sweeney. Welcome to the hall of the House.

I DEMOCRATIC CAUCUS

The SPEAKER. The Chair recognizes at this time the gentleman from Allegheny, Mr. Itkin. Do you wish to announce a caucus, Mr. Itkin?

Mr. ITKIN. Mr. Speaker, I am going to suggest that we break and spend the first hour at lunch; go to caucus at 1 o'clock with the expectation of returning to the floor at 2 p.m.

The SPEAKER. Caucus at I o'clock. Mr. Noye has no such announcement.

I RULES COMMITTEE MEETING

The SPEAKER. There will be a meeting of the Rules Com- mittee in the majority leader's office immediately upon the declaration of the recess.

I REMARKS ON VOTE

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

Mr. REBER. Mr. Speaker, on HB 178 my switch did not operate. 1 would like to be recorded in the affirmative.


RECESS

The SPEAKER. The House will stand in recess until 2 p.m

RECESS EXTENDED

The time of recess was extended until 2:30 p.m

AFTER RECESS

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

HOUSE BILLS INTRODUCED AND REFERRED

No. 1688 By Representatives J . L. WRIGHT, AFFLERBACH, VROON, JOHNSON, MOEHLMANN, TRELLO, WAMBACH. GEIST, WOGAN, NOYE, GODSHALL, DAWIDA, WILSON, DORR, BARLEY, OLASZ, ARTY, PERZEL, HERMAN, MERRY, MORRIS, B. SMITH and TRUMAN

An Act amending Title 66 (Public Utilities) of the Pennsylvania Consolidated Statutes, further defining "public utility."

Referred to Committee on CONSUMER AFFAIRS, October 1, 1985.

No. 1689 By Representatives J. L. WRIGHT, HALUSKA, GEIST, FLICK, DISTLER,


JOHNSON, TRELLO, GREENWOOD, STAIRS, LUCYK, ARTY, LASHINGER, MERRY, FISCHER and MORRIS

An Act amending the act of July 7, I980 (P. L. 380, No. 97), known as the "Solid Waste Management Act," removing the powers and duties imposed on municipalities and imposing them on counties.

Referred to Committee on CONSERVATION, October 1, 1985.

No. 1690 By Representatives J. L. WRIGHT, HALUSKA, GEIST, BUNT, FLICK, DISTLER, JOHNSON, HAGARTY, SIRIANNI, GREENWOOD, GODSHALL, WILSON, LINTON, STAIRS, REINARD, LUCYK, ARTY, LASHINGER, E. Z. TAYLOR, MERRY, FISCHER, B. SMITH, KUKOVICH, MORRIS and MICOZZIE

An Act providing an incentive for recycling activities; imposing a recycling incentive tax; establishing a Recycling Incentive Fund; and providing for further duties of the Department of Environ- mental Resources and Revenue.

Referred to Committee on CONSERVATION, October 1, 1985.

No. 1691 By Representatives J. L. WRIGHT, AFFLERBACH, KASUNIC, LASHINGER, E. Z. TAYLOR, HERMAN, BOOK, PERZEL, GEIST, ARTY, PETRARCA, MICOZZIE, DAWIDA, CIMINI, GREENWOOD, BOWSER, JOHNSON, TRELLO, SIRIANNI, COHEN, GRUPPO and COLAFELLA

An Act amending Title 75 (Vehicles) of the Pennsylvania Con- solidated Statutes, requiring school buses to stop at all railroad crossings.

Referred to Committee on TRANSPORTATION, October 1, 1985.

No. 1692 By Representative BLACK

An Act designating a section of Traffic Route 8 situate in Venango County, Pennsylvania, as The Richard C. Frame Memorial Highway.

Referred to Committee on TRANSPORTATION, October 1, 1985.

No. 1693 By Representatives COWELL, O'DONNELL, CAWLEY, TRELLO, COHEN, TIGUE, HALUSKA, VROON, ITKIN, LIVENGOOD, JOHNSON, STABACK, BLAUM, BELFANTI, PISTELLA, BATTISTO, DeLUCA, MICHLOVIC, NAHILL, ARTY, E. Z. TAYLOR, PRESTON, WOZNIAK, COLAFELLA and FISCHER

An Act designating the Western Pennsylvania School for the Deaf, Allegheny County, the Pennsylvania School for the Deaf, Philadelphia County, and the Scranton State School for the Deaf, Lackawanna County, as regional resource centers for hearing impairment.

Referred to Committee on EDUCATION, October 1, 1985.

HOUSE RESOLUTIONS INTRODUCED AND REFERRED

No. 162 By Representatives J . L. WRIGHT, ITKIN, POTT, GALLAGHER, GREENWOOD, PETRONE, CESSAR, DISTLER, NAHILL, CLYMER, SEVENTY, STABACK, REINARD, FISCHER, JOSEPHS, CARN, MORRIS, OLASZ, LASHINGER, BOWSER, JOHNSON, FOX, MERRY, BELFANTI, CIVERA, SERAFINI, KENNEY, RAYMOND, McVERRY, TRELLO, E. Z. TAYLOR, HERMAN, HALUSKA and DAWIDA

Memorializing Congress to extend the energy conservation and renewable energy tax credits beyond 1985.

Referred to Committee on RULES, October 1, 1985.

No. 163 By Representatives J. L. WRIGHT, MICHLOVIC, VROON, CLYMER, TRELLO, PITTS, NOYE, GREENWOOD, BIRMELIN, GODSHALL, DORR, CIVERA, REINARD, OLASZ, ARTY, LASHINGER, GALLAGHER, E. Z. TAYLOR, WILSON, D. W. SNYDER, MERRY, DISTLER, MORRIS, SAURMAN, KASUNIC and FOX

Memorializing Congress to set certain prerequisites when con- sidering modification of the Delaware River Basin Compact regarding water charges.


No. 164 By Representatives IRVIS, GALLAGHER, O'DONNELL, ITKIN and MANDERINO

Memorializing Congress and the President to retain State and local tax deductibility as part of the Internal Revenue Code.


SENATE BILLS FOR CONCURRENCE

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

SB 743, PN 1351

Referred to Committee on INSURANCE, October 1, 1985.

Referred to Committee on INSURANCE, October 1, 1985.


SENATE MESSAGE 1 The question is, shall the bill pass finally?

BILL SIGNED BY SPEAKER

HOUSE AMENDMENTS CONCURRED IN BY SENATE

The clerk o f the Senate, being introduced, informed that the Senate has concurred in the amendments made by the House o f Representatives to SB 543, P N 1274.

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

Agreeable t o the provibions of the Constitution, the yeas and nays will now be taken.

YEAS-201

$ ~ ~ ~ : a b a c h Dininni Laughlin Robbina

Distler Lescavitz Roebuck Anestadt Dambrowski Letterman Rudy

An Act amending Title 66 (Public Utilities) of the Pennsylvania Consolidated Statutes, further defining "public utility": further providing that the transcript of public hearings be considered part of the record in proceedings before the commission; and providing the Public Utility Commission with authority to order electric utilities to cancel or modify construction of generating units.

SENATE MESSAGE

ADJOURNMENT RESOLUTION FOR CONCURRENCE

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

In the Senate, September 30, 1985 RESOLVED, (the House of Representatives concurring), That

when the Senate adjourns this week it reconvene on Monday, October 7, 1985 unless sooner recalled by the President Pro Tempore, and when the House of Representatives adjourns this week it reconvene on Monday, October 7, 1985 unless sooner recalled by the Speaker.

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

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

CALENDAR CONTINUED

BILLS ON THIRD CONSIDERATION

The House proceeded t o third consideration of HB 1100, PN 1342, entitled:

An Act amending the act of March 4, 1971 (P. L. 6 , No. 2), known as the "Tax Reform Code of 1971," excluding from the tax materials used by nonprofit organizations for purposes of commemoration and memorialization of historical events.

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

~ r & l l Arty Baldwin Barber Barley Battisto Belardi Belfanti Birmelin Black Blaum Bartner Bawley Bowser Boyes Brandt Broujos Bunt Burd Burns Bush Caltagirone Cappabianca Carlson Carn Cawley Cessar Chadwick Cimini Civera Clark Clymer Cahen Calafella Cole Cordisco Cornell Coslett Cowell COY Deluca DeVerter DeWeese

Donatucct Dorr Duffy Durham Evans Fargo Fattah Fee Fischer Flick Foster, Jr . , Fox Freeman Freind Fryer Gallagher Gallen Gamble Ganoon Geist George Cladeck Godshall Greenwood Gruitra Gruppo Hagarty Haluska Harper Hasay Hayes Hcrman Hershey Honaman Howlett Hutchinson ltkin Jackson Jarolin Johnson Josephs Kasunic Kennedy

Levdanrky Levin I.inron Livengood Lloyd Lucyk McCall

Mackowski A. Maiale

Manderina Manmiller Markosek Mayernik Merry Michlovic Micorzie Miller Maehlmann Morris Mowery Mrkanic Murphy Nahill Naye O'Brien O'Donnell Olasz Oliver Perzel Petrarca Petrone Phillips Piccola Pievsky Pistella Pitts Patt Pratt Pressmann Preston Punt

~ y a i Rybak Saloom Saurman Scheetz Schuler Semrnel Serafini Seventy Showers Sirianni Smith, B. Smith, L. E. Snyder, D. W. Snyder, G. M. Slaback Stairs Steighner Stevens Stewart Stuban Sweet Swift Taylor, E. Z. Taylor, F. E. Taylor, I. Telek Tieue

~ ~ ~~~

Truman Van Horne Veon Vraon Wambach Was Weston Wiggins Wilson Wagan Wazniak Wright, D. R. Wright, J . L. Wrieht. R. C.

Daley Kenney Raymond ~andriievits Davies Kasinski Reber Dawida Kukovich Reinard Irvis. Deal Langtry Richardson Speakex Dietz Lashinger Rieger

NAYS-0

NOT VOTING-0

EXCUSED-2

Book McVerry


Ordered, That the clerk present the same t o the Senate for .

Bill was agreed to. I The SPEAKER. This bill has been considered o n three dif-

ferent days and agreed t o and is now on final passage.


RESOI.I.'TIONS REPORTED FROM C'OMMITTEE 1 relating I., niob~lr. Ih,mc,ti: ccllular radio ~ r . l c . ~ t n n l ~ ! ~ l i c a r i ~ ~ ~ ~

HR 73, P N 1025 By Rep. MANDERINO Providing for the appointment of a select committee to thor-

oughly investigate the tragedy of teenage suicide and the possible methods of prevention.

RULES.

HR 92, PN 1301 By Rep. MANDERlNO Protesting the sale of South African gold currency within the

Commonwealth.

RULES.

HR 93, PN 1302 By Rep. MANDERINO Relating to the granting of credit to South Africa by the

Export-Import Bank.

RULES

HR 94, PN 1303 By Rep. MANDERINO Relating to economic sanctions placed against Namibia.

RULES.

HR 139, PN 1839 By Rep. MANDERINO Directing the Labor Relations Committee to investigate the

workers' compensation system as administered by the Depart- ment of Labor and Industry; and giving the committee subpoena power in such investigation.

RULES.

HR 140, PN 1866 (Concurrent) By Rep. MANDERINO

Approving and affirming support for and faith in the princi- ples on which the United Nations was founded.

RULES.

HR 150, PN 1991 By Rep. MANDERINO Directing the Joint State Government Commission to investi-

gate building codes.

RULES.

HR 155, P N 2065 By Rep. MANDERINO Memorializing Congress to retain the deduction for State and

local taxes.

RULES.

HR 156, P N 2066 By Rep. MANDERINO Designating the week of October 6 through October 13, 1985,

as "Pennsylvania Housing Week."

RULES.

BILLS REPORTED FROM COMMITTEE, CONSIDERED FIRST TIME, AND TABLED

HB 1635, PN 2087 By Rep. LAUGHLIN An Act amendine the act of December 21. 1984 fP. L. 1270.

No. 241), entitled ';An act amending Title 66 i~ub l i c~ t i l i t i e s ) of the Pennsylvania Consolidated Statutes, further defining the term 'public utility'; and providing for the conversion of gcnerat- ing units from oil or gas to coal and for the recovery of conversion costs, for the approval of the construction of generating units fueled by nuclear energy, oil or natural gas and for the financing of energy supply alternatives," extending provisions

service for an additional period of time.

CONSUMER AFFAIRS.

HB 1636, PN 2147 (Amended) By Rep. LAUGHLIN

An Act amending the act of July 7, 1947 (P. 1 . 1368, No. 542), known as the "Real Estate Tax Sale Law," authorizing counties to extend the redemption period under certain circumstances; and making a repeal.

CONSUMER AFFAIRS

BILL REPORTED AND REREFERRED TO COMMITTEE ON HEALTH AND WELFARE

HB 1554, PN 1943 By Rep. LAUGHLIN An Act orovidine for the creation of a Pennsvlvania Health

Services Council, for the collection and dlrsemination of health care data, for the establishment of regional uncompensated care pools, for the establlrhment of utili~ation review requirements, for the promotion of preferred provider organizations, and for the establishment of antiprice discrimination prohibitions gov- erning hospital rate and charge negotiations; and making repeals.

CONSUMER AFFAIRS.

LEAVES OF ABSENCE

The SPEAKER. Without objection, the Chair returns to leaves of absence.

The Chair recognizes the majority whip, who asks that the gentleman from Philadelphia, Mr. Dwight EVANS, be placed on leave of absence for the rest of the day.

RESOLUTION

Mr. STEIGHNER called up HR 157, PN 2063, entitled:

Directing the House Transportation Committee to conduct a study of the Department of Transportation's plan to furlough approximately 370 highway maintenance workers Statewide.

On the question, Will the House adopt the resolution? Mr. STEIGHNER offered the following amendments No.

A2860:

Amend Resolution, page I, by inserting between lines 16 and 17

WHEREAS, Many of the maintenance worker positions are filled by dedicated handicapped and elderly employees who perform their duties in an excellent manner; and

Amend fourth resolve clause, page 2, line 11, by inserting after "to"

the Governor,

On the question, Will the House aeree t o the amendments?

The SPEAKER. On that question, the Chair recognizes the gentleman from Butler, Mr. Steighner.

Mr. STEIGHNER. Thank you, Mr. Speaker. Mr. Soeaker. the amendment inserts an additional whereas

clause into the resolution including the elderly and the handi-


capped within the department that would be affected by the furloughs. There is also a technical change whereas the Gover- nor's Office would receive a copy of the resolution.

I would ask for the positive consideration of the House. The SPEAKER. On the Steighner amendment, the Chair

recognizes the minority leader. Mr. RYAN. Mr. Speaker, 1 did not hear the gentleman's

opening remarks. I do not think it is important. I have a philosophical problem going along with this resolu-

tion. I think what we are doing when we become involved in

Kennedy Mowery

NOT VOTING-I

Langtry

EXCUSED-3

Ronk Evans McVerrv - ~~~~~ . .. . ~ ~ .

The question was determined in the affirmative, and the amendments were agreed to. -

resolutions such as this is that we as a group of 200 are- On the question, The SPEAKER. Will the gentleman yield for a moment. Will the House adopt the resolution as amended?

We have only the amendment in front of us. Then the Chair ~ h , s P E A ~ ~ ~ , on that question, the chair recognizes ,he will recognize you for debate on the resolution. I minority leader.

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

The following roll call was recorded:

Acosta Afflerbach Angstadt Argall Arty Baldwin Barber Barley Ballisto Belardi Belfanti Birmelin Black Blaum Bortner Bowley Bowser Bayes Brandt Broujos Bunt Burd Burns Bush Caltagirone Cappabianca Carlson Carn .. Cessar Chadwick Ciminl Civera Clark Clymer Cohen Colafella Cole Cordisco Carnell Coslett Cawell Cay Deluca DeVerter DeWeese Dales Davies Dawida Deal

Dietz Lescovitz Roebuck Dininni Letterman Rudy Distler Levdansky Ryan Dombrowski Levin Rybak Donatucci Linton Saloom Dorr Livengood Saurman Duffy Lloyd Scheetr Durham Lucyk Schuler Fargo McCall Sernmel Fattah McClatchy Serafini Fee Fischer Flick Foster, Jr., A. Fox Freeman Freind Fryer Gallagher Gallen Gamble Gannon Geist George Gladeck Gadshall Greenwood Gruitza Gruppo Hagarty Haluska Harper Hasay Hayes Herman Hershey Hanaman Howletl Hutchinson ltkin Jackson Jaralin Johnson Josephs Kasunic Kenney Kosinski Kukovich Lashinger Laughlin

McHale Mackowski Maiale Manderino Manmiller Markosek Mayernik Merry Michlovic Micozzie Miller Moehlmann Morris Mrkanic Murphy Nahill Naye O'Brien O'Donnell Olasr Oliver Perzel Petrarca Petrone Phillips Piccola Pievsky Pistella Pitts Pot1 Pratt Pressmann Preston Punt Raymond Reber Reinard Richardson Rieger Rabbins

Seventy Showers Sirianni Smith, B. Smith, L. E. Snyder, D. W. Snyder, G. M. Staback Stairs Steighner Stevens Stewart Stuban Sweet Swifi Taylor, E. Z. Taylor, F. E. Taylor, J. Telek Tigue Trello Truman Van Horne Veon Vroon Wambach Wass Weston Wiggins Wilson Wogan Wazniak Wright, D. R. Wright. J . L. Wright, R. C. Yandrisevits

Irvis, Speaker

Mr. RYAN. Thank you, Mr. Speaker. Mr. Speaker, my remarks with respect to the problem that

Mr. Steighner is attempting to address really are much broader than this particular problem. I think the mistake that we are making here, when we involve ourselves in problems such as this, is that we have 203 members of the House attempting to take over the management of one of the State's largest departments. Now, it is true that a number of people evidently may be laid off by reason of the intentions of the department, and I do not know whether that is right or wrong. The reason I do not know whether it is right or wrong is because I am not Secretary of Transportation; 1 am not familiar with the oroblems: 1 am not familiar with the break- down of employees in that department, and I would hope that the Secretary is.

I do not believe there is anyone here who questions that Sec- retary Larson has done an excellent job over his tenure. 1 do not believe anyone here has suggested that the laying off of these people is politically motivated. 1 think it is a pure business decision by the department that we are now attempting to question. My understanding of the department's feelings is that these people who are, I am told, relatively unskilled in the construction of roads would be laid off because there really is not enough work for them; that they would hire or would take some of these folks who are able to operate equipment and elevate them to a higher position. You are somewhat damned if you do and damned if you do not, I suspect, in this case.

By retaining these 300-odd people, I suspect that you are keeping a number of operating engineers from getting these same jobs or you are preventing these people from being ele- vated through the ranks to the position of operating this heavy equipment. 1 d o not think that is as important as the mistake we would make if we are so presumptuous to think that based on a slight amount of information we feel we are better qualified than the department to operate the Depart- ment of Transportation, and it is for this basis primarily that I oppose this particular resolution. Thank you, Mr. Speaker.

The SPEAKER. The Chair thanks the gentleman.


WELCOME

The SPEAKER. The Chair would like to interrupt the orderly flow of business for a moment to introduce to the floor the Chair's longtime personal friend and political associ- ate, Jay Costa, who is the treasurer of the county of Alle- gheny. He is here with his wife and with their daughter, Mary Kay. They are here as the guests of the entire Allegheny County delegation.

CONSIDERATION OF HR 157 CONTINUED

The SPEAKER. The Chair recognizes the gentleman from Butler, Mr. Steighner.

Mr. STEIGHNER. Thank you, Mr. Speaker. Mr. Speaker, with all due respect to the minority leader, I

think the General Assembly does in fact have a responsibility to get involved with some of the departments in State Govern- ment when a major change and a major change in policy is about to take place.

The net result of the furlough would be a reduction by 75 percent of the labor force that is out on our State highways today. These are the people who perform the labor on the State roads - the filling of potholes, the drainage cleaners, the chipping off of ice in the wintertime. By reducing this work force by 75 percent less than 90 days after receiving from the General Assembly dollar for dollar what the Secretary requested in $600 million in highway maintenance funds, in addition to the $15 1/2 million in additional funds for new equipment, 1 think this General Assembly does have that responsibility.

By passing this resolution we would give the department the opportunity to come before the General Assembly in the regular budgetary process next spring and simply in a more formal atmosphere or informally explain their position.

I would ask for a "yes" vote on the resolution. The SPEAKER. The Chair thanks the gentleman. The Chair recognizes the gentleman from Crawford, Mr. . , ivlerry. Mr. MERRY. Mr. Speaker, could I interrogate Representa-

tive Steighner, the maker of the resolution? The SPEAKER. The gentleman, Mr. Steighner, says he will

stand for interrogation, and you may proceed, sir. Mr. MERRY. Mr. Speaker, we have just recently passed an

amendment to this resolution that makes it rather difficult to vote in the negative on the resolution because it would then suggest that we would be voting against handicapped and elderly employees.

Now, for the benefit of the House here, could you explain to me how many of the employees who are currently slated for dismissal are in fact handicapped or elderly?

Mr. STEIGHNER. That question was presented to the Deputy Secretary for Administration for the department when he appeared before the House Transportation Commit- tee approximately 2 or 2 1/2 weeks ago. At that time he could not furnish us with a number.

Mr. MERRY. You say he could not furnish you? What is your understanding as to the exact number of per-

sonnel that are affected by this edict? Mr. STEIGHNER. The department has stated that approx-

imately 371 highway maintenance workers would in fact be furloughed. That represents about 75 percent of the work force in that particular position.

Mr. MERRY. Thank you, Mr. Speaker. 1 would like to remark on the resolution. The SPEAKER. The gentleman is in order and may

proceed. Mr. MERRY. Mr. Speaker, I have to concur with our

minority leader, Representative Ryan, in that we are being asked to intercede on the administrative decisions of one of our departments. 1 would hope that this is not the beginning of a trend where we start to negotiate salaries and hours and the number of personnel that are employed by any particular department, but this would be a start of it.

I suggest, Mr. Speaker, that the handicapped and elderly are not the people affected by this change in work rules, because most of those people in the districts that I have observed are working as clerks, parts people, and other duties other than laborers. So it does not affect elderly and handicapped in the cases that I have been informed of.

I have also been told by members of the department that each of these individuals was offered the opportunity for further training so that they could qualify for an equipment operator. It is also my understanding that an equipment operator could be just a truck driver, therefore not requiring any high degree of skills of operating graders and backhoes and special Gradall equipment.

If these personnel were to have accepted this additional training to go up into this next classification, they would have also been assured of a pay increase. I have further been told that even though they have made this final decision to lay these people off, they still have an additional time to accept a 6-month training period and receive the higher wages and not be dismissed.

It would really, Mr. Speaker, have very little net effect on the personnel that are presently employed by the Pennsylvania Department of Transportation. 1 believe from the vague notion that we have of what this resolution would accomplish and because we d o not want to interfere with the workings of the department on a daily basis, 1 urge the defeat of this reso- ,~~. : .~~ I"LI0,I .

The SPEAKER. Miss Sirianni, do you wish to debate the resolution? We are on final passage of the resolution. Do you wish to speak?

Miss SIRIANNI. Yes; I would like to say something, Mr. Speaker.

The SPEAKER. The Chair recognizes the lady from Susquehanna, Miss Sirianni.

Miss SIRIANNI. What about an individual who may be a retarded citizen who is not permitted to have a license? How can he become an operator? I agree that those who can become operators should be made to d o that, but what about


the person- I live in Susquehanna County where they were going to lay nine off. Six of them were able to become qualified. They had refused to at first until they found out they would be laid off, and I think they should have been laid off if they refused to become qualified. But then one of the boys has been there for 14 years and is a retarded citizen. What are you going to do with him? They are going to lay him off, too, and that is wrong.

The SPEAKER. The Chair thanks the lady.

or so I took the time to go to the local garage of PennDOT and check exactly who would be laid off and what their circumstances were with regard to their training to become an operator.

Now, Mr. Speaker, there are some people who say that we are politically motivated when we make these kinds of speeches and that we are looking out for people in our districts who might conceivably lose their jobs or someone for whom we, in fact, obtained a job or employment with the State over the years.

Mr. Speaker, let me give you a very brief rundown of the people whom they are attempting to separate from service in Beaver County, and you can be the judge as to whether or not it is political or whether or not it is needed and whether or not the department is at all acting in a humanitarian effort.

Mr. Speaker, the first gentleman on the list has 27 years of service with PennDOT. He is a gentleman who is physically handicapped, who has no way of earning a living other than to work as a cleanup man and to perform the services that he was hired for that their department head says there is plenty of work for him in that area. That means in maintenance, Mr. Speaker, he has a job; he is performing a service; he is being useful, and yet the department claims that because of that cir- cumstance that he cannot be trained as an operator, they are willing to discontinue his service.

The next gentleman was not hired under Governor Shapp; he was not hired as a Democrat. He has 19 years of service, Mr. Speaker; he is 44 years of age. He has been denied an opportunity to have training because he signed up for the program a little late.

Sam Kreiling; 19 years, Mr. Speaker; age 58. The gentleman cannot perform the duties that they are requiring him to do because, like Miss Sirianni said, the gentleman does not have the ability; he cannot drive a vehicle. In his terms, his

These are the people, Mr. Speaker, whom the Department of Transportation is trying to separate from employment in BeaverCounty.

Mr. Speaker, I support Representative Steighner's move, and I hope that we can influence the Secretary of Transporta- tion by this action to halt this unfair discriminatory effort against people who cannot defend themselves. Thank you, Mr. Speaker.

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

Laughlin, on the final passage of the resolution. Mr. LAUGHLIN. Mr. Speaker, I rise to support the resolu-

tion. I rise to support the resolution because in the last month

response to me was that it is an educational problem that he cannot perform.

John Eiler, Mr. Speaker; 19 years; 50 years of age; a person who has to have his wife come down and sign for his checks because he is illiterate, and he said, "Tell them, Chuck, that they are trying to take my job off of me that I have worked for for 19 years, that 1 have performed loyal service, that 1 have an excellent record, and I have not been absent from my work or derelict in my duties."

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

The following was recorded:

Acosta Afflerbach Angstadt Argall Arty Baldwin Barber Belardi Belfanti Birmelin Black Blaum Bartner Boyes Brandt Broulas Burns Bush Caltagirone Cappabianca Carlsan Carn Cawley Cessar Chadwick Cimini Civera Clark Clymer Cohen Colafella Cole Cordisco Caslett Cawell COY Deluca DeVener DeWeese Daley Davies

Barley Battist0 Bowley Bunt Burd Cornell Darr Farga Flick

YEAS-161

Dawida Lescavitz Deal Letterman Dietz Levdansky Dininni Levin Distler Linton Dombrowski Livengoad Donatucci Lloyd Duffy Lucyk Durham McCall Fattah McHale Fee Mackowski Fischer Maiale Freeman Manderina Freind Manmiller Fryer Markosek Gallagher Mayernik Gamble Michlovic Gannan Micazzie Ceisf Miller George Moehlmann Cruitza Morris Gruppo Mrkonic Haluska Murphy Harper Naye Hasay O'Dannell Hayes Olasz Herman Oliver Honaman Perrel Howlett Petrarca Hutchinson Pelrone ltkin Phillips Jackson Piccola Iarolin Pievsky Johnson Pistella Joseph8 Pot1 Kasunic Pratt Kenney Pressman" Kasinski Preston Kukovich Punt Lashinger Raymond Laughlin Reinard

NAYS-37

Richardson Riecer ~ o i b u c k Rudy Rybak Saloom Semmel Serafini Seventy Showers Sirianni Smith, L. E. Staback Steighner Stevens Stewan Stuban Sweet Taylor, E. 2. Taylor, F. E. Taylor, J . Telek Tigue Trella Truman Van Horne Veon Wambach Wass Weston Wiggins Wilson Wozniak Wright, D. R. Wright, J . L. Wnght, R. C. Yandrisevits

Irvis, Speaker

Fax McClatchy Saurman Gallen Merry Scheetz Gladeck Mowery Schuler Godshall Nahill Smith. B. Greenwood O'Brien Snyder, D. W. Hagarly Pitts Snyder. C . M. Hershey Reber Swift Kennedy Robbins Vroon Langtry Ryan Wogan


Book Evans McVerry I

NOT VOTING-2

Stairs

EXCUSED-3

The question was determined in the affirmative, and the resolution as amended was adopted.

Will the House agree to the motion? Motion was agreed to, and at 3:02 p.m., e.d.t., the House

adjourned.

STATEMENT BY MRS. HONAMAN

The SPEAKER. The Chair recognizes the lady from Lancaster, Mrs. Honaman. For what purpose does the lady rise?

Mrs. HONAMAN. Can I ask unanimous consent to make a few brief remarks?

The SPEAKER. The lady, Mrs. Honaman, has asked unanimous consent. Unanimous consent has been granted. Mrs. Honaman, you have the floor.

Mrs. HONAMAN. Thank you, Mr. Speaker. As everybody here knows, last Friday Hurricane Gloria

came sweeping up the Atlantic coast. Fortunately, it did not do the damage that was expected. However, as a result, over 3 million people were without power, without electricity, for a brief amount of time. Over the weekend I believe that the Philadelphia Electric Company worked Friday, Saturday, and Sunday. Pennsylvania Power and Light said that 4,000 people had no electricity. This is not an isolated case. In May and Juneof this year, if you read your mail that came through last week, you will find that out of the 28 tornadoes in the United States, 17 of them started in Pennsylvania. Every time that we have high winds, rain, snow, sleet, we are out of electricity.

Now, this is a preamble to what I started last spring when I sent you a message saying I was introducing legislation that power lines be installed underground. At that time I did it because of the death of a grandson of a friend of mine who climbed a tree and was electrocuted. We have gone over this legislation and worked on it over the summer. I think it is a better bill, and I am offering it today, and 1 welcome anyone who would like to join me in cosponsoring it. Thank you.

The SPEAKER. The Chair thanks the lady.

BILLS PASSED OVER I The SPEAKER. Without objection, all the remaining bills

on today's calendar will be passed over. The Chair hears no objection.

ADJOURNMENT I The SPEAKER. The Chair recognizes the gentleman from

Philadelphia, Mr. Howlett, for the adjournment motion. Mr. HOWLETT. Mr. Speaker, I move that this House do

now adjourn until Wednesday, October 2, 1985, at 11 a.m., e.d.t., unless sooner recalled by the Speaker.

On the question,

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