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COMMONWEALTH OF PENNSYLVANIA

LEGISLATIVE JOURNAL

TUESDAY, JANUARY 6, 1987

which cannot be forgotten nor ignored. May we learn, before CALL TO ORDER we blunder, that Thou art willing to lead us.

SESSION OF 1987 171ST OF THE GENERAL ASSEMBLY No. 1

HOUSE OF REPRESENTATIVES

ANNOUNCEMENT

~t 11:30 a.m., the HONORABLE JAMES L, WRIGHT, JR., a member-elect from ~~~k~ county, made the following announcement in the hall of the House:

In accordance with the provisions of Article 11, section 4, of the Constitution of Pennsylvania, the members-elect of the House of Representatives will meet this day at 12 o'clock noon in the hall of the House of Representatives for the purpose of organization.

When walking through the echoing halls of our Capitol, make us remember the people of the streets in our State. When we hang our heads down in frustration, lift our spirits up in faith. Teach us, Heavenly Guardian, how to look at the things we see and to look at them without bias or prejudice. Make us willing to see new solutions to old problems. Makeus wise stewards of time and money so we learn that to every right there is attached a duty and to every privilege an obligation,

We pray that Thou wilt bless these members of the House; fill their souls with fear and trepidation towards the responsibility entrusted to them; give them integrity which cannot be bought nor traded; steadfastness and love to their families

The hour of 12 o'clock having arrived, the HONORABLE JOHN J. ZUBECK, Chief Clerk of the House of Representa- tives, called the members-elect to order and announced:

our spirits stand silently before the responsibility. Save this moment, 0 Lord, from being merely a gesture to

- Let our worth be determined by the truth of our words, the

commitment of our hearts, the people we serve, and not the office we hold. Amen.

This being the day and the hour appointed by Article 11, section 4, of the Constitution of Pennsylvania for the meeting of the General Assembly, the members-elect of the House of Representatives will now come to order.

Prayer will be offered by the Reverend K. Edward Brandt, pastor of the First Church of God, Newport, Pennsylvania, and son of Representative Kenneth Brandt.

PRAYER

REV. K. EDWARD BRANDT, Pastor of Newport First Church of God, Newport, Pennsylvania, offered the following prayer:

Let us pray: Almighty God, one whom we know by different names and

through various traditions, the dust has settled and we are here. Our souls flood with pride for the accomplishments, and

ELECTION RETURNS READ

ELECTION RETURNS PRESENTED

The CHIEF CLERK. The Chair recognizes the Sergeant at Arms of the House.

The SERGEANT AT ARMS. Mr. Chief Clerk, the Deputy Secretary of the Commonwealth, LeGree S. Daniels.

The CHIEF CLERK. The Chair recognizes the Deputy Secretary of the Commonwealth, LeGree S. Daniels.

Mrs. DANIELS. To the Speaker of the House of Repre- sentatives and the members of the House of Representatives of the General Assembly of the Commonwealth of Pennsyl- vania, greetings. I have the honor to present the returns of the general election held November 4, 1986.

The CHIEF CLERK. The Chair extends the thanks of the to Secretary Daniels. Thank You.

RESOLUTION ADOPTED

~ -

custom or convention, and make it a real experience to each Mr. ROEBUCK, a member-elect, offered the following of us in this place as we call upon Thee for guidance and for resolution, which was read, considered, and adopted:

, . . . r .~

strata of life behind the votes which tally temporal success.

help. Allow the voices of experience and the enthusiasm of idealism to combine as a recipe for wisdom and a call for com- passion' Our pride and us a purpose; enable us to see faces of men and women from all

In the House of Representatives, January 6, 1987 RESOLVED, That the returns for the election of members of

the House of Representatives, held Tuesday, November 4, 1986, he now .....d and read.

LEGISLATIVE JOURNAL-HOUSE

The following election returns were read: 1 Joseph A. Petrarca

NAME

Bernard J. Dombrowski Italo S. Cappabianca Karl Boyes Harry E. Bowser Jim Merry Connie G . Maine Mike Gruitza Howard L. Fargo Thomas J. Fee Frank LaGrotta Joseph A. Steighner James M. Burd Art Hershey Michael R. Veon Nicholas A. Colafella Charles Laughlin Robert D. Robbins Edward F. Burns K. Leroy Irvis Thomas J . Murphy Frank J. Pistella Steve Seventy Ivan Itkin loe Preston Joseph F. Markosek Eugene G. Saloom Thomas C. Petrone Elaine F. Farmer David J . Mayernik Richard J . Cessar Brian D. Clark Anthony M. DeLuca Roger F. Duffy Ronald R. Cowell Tom Michlovic Michael M. Dawida Emil Mrkonic Richard D. Olasz David K. Levdansky Alice S. Langtry Raymond T. Book Terry McVerry Jere W. Schuler Ron Gamble Fred A. Trello Victor John Lescovitz Roger Raymond Fischer David W. Sweet Peter J . Daley Bill DeWeese Fred Taylor Richard A. Kasunic Robert W. Godshall Terry E. Van Horne

In the Name and by Authority of the Commonwealth of Pennsylvania

To the Speaker of the House of Representatives and the Members of the House of Representatives of the General Assembly of the Commonwealth of Pennsylvania, greetings,

I have the honor to present the returns of the General Election held November 4, 1986. The following, having received the highest number of votes in their respective districts, were duly elected Members of the House of Representatives in the General Assemblv:

DISTRICT

First

Allen Kukovich Amos K. Hutchinson James J . Manderino Jess Stairs Henry Livengood Joseph M. Gladeck, Jr. Paul Wass David R. Wright Ronald E.

Bowley Sam Smith

Second Third Fourth Fifth Sixth Seventh Eighth Ninth Tenth Eleventh Twelfth Thirteenth Fourteenth Fifteenth Sixteenth Seventeenth Eighteenth Nineteenth Twentieth Twenty-first Twenty-second Twenty-third Twenty-fourth Twenty-fifth Twenty-sixth Twenty-seventh Twenty-eighth Twenty-ninth Thirtieth Thirty-first Thirty-second Thirty-third Thirty-fourth Thirty-fifth Thirty-sixth Thirty-seventh Thirty-eighth Thirty-ninth Fortieth Forty-first Forty-second Forty-third Forty-fourth Forty-fifth Forty-sixth Forty-seventh Forty-eighth Forty-ninth Fiftieth Fifty-first Fifty-second Fifty-third Fifty-fourth

Kenneth M. Jadlowiec Edgar A. Carlson William R. Lloyd, Jr. William Telek John N. Wozniak William J. Stewart Edward 1. Haluska Camille George Jim Distler Russell P. Letterman Lynn B. Herman Dick L. Hess Richard A. Geist Edwin G. Johnson Samuel E. Hayes, Jr. Walter F. DeVerter Anthony J . Cimini Alvin C. Bush John Showers Fred C. Noye Harold F. Mowery, Jr. John Kennedy Jeffrey W. Coy Terry Punt Kenneth J. Cole Bruce Smith A. Carville Foster, Jr. Gregory M. Snyder Michael E. Bortner Marvin E. Miller, Jr. June N. Honaman Kenneth E. Brandt Terry Scheetz John E. Barley George W. Jackson Nicholas B. Moehlmann Pete Wambach Jeffrey E. Piccola Joseph C. Manmiller Rudy Dininni Robert E. Belfanti, Jr. Merle H. Phillips Ted Stuhan J . Scot Chadwick Carmel Sirianni Fred Belardi Gaynor Cawley Frank A. Serafini Edward G. Staback Correale F. Stevens George C. Hasay Thomas M. Tigue Stanley J. Jarolin Scott Dietterick Kevin Blaum Keith R. McCall Edward J . Lucyk

JANUARY 6 ,

Fifty-fifth Fifty-sixth Fifty-seventh Fifty-eighth Fifty-ninth Sixtieth Sixty-first Sixty-second Sixty-third Sixty-fourth Sixty-fifth Sixty-sixth Sixty-seventh Sixty-eighth Sixty-ninth Seventieth Seventy-first Seventy-second Seventy-third Seventy-fourth Seventy-fifth Seventy-sixth Seventy-seventh Seventy-eighth Seventy-ninth Eightieth Eighty-first Eighty-second Eighty-third Eighty-fourth Eighty-fifth Eighty-sixth Eighty-seventh Eighty-eighth Eighty-ninth Ninetieth Ninety-first Ninety-second Ninety-third Ninety-fourth Ninety-fifth Ninety-sixth Ninety-seventh Ninety-eighth Ninety-ninth One hundredth One hundred first One hundred second One hundred third One hundred fourth One hundred fifth One hundred sixth One hundred seventh One hundred eighth One hundred ninth One hundred tenth One hundred eleventh One hundred twelfth One hundred thirteenth One hundred fourteenth One hundred fifteenth One hundred sixteenth One hundred seventeenth One hundred eighteenth One hundred nineteenth One hundred twentieth One hundred twenty-first One hundred twenty-second One hundred twenty-third

1987 LEGISLATIVE JOURNAL-HOUSE 3

David G. Argall William E. Baldwin Paul J. Angstadt Thomas R, Caltagirone James J. Gallen John S. Davies Dennis E. Leh Karen A. Ritter John F. Pressmann Paul McHde

One hundred twenty-fourth One hundred twenty-fifth One hundred twenty-sixth One hundred twenty-seventh One hundred twenty-eighth One hundred twenty-ninth One hundred thirtieth One hundred thirty-first One hundred thirty-second One hundred thirtv-third

Don Snyder One hundred thin;-fourth William C. Rybak One hundred thirtv-fifth Robert Freeman One hundred thirty-sixth Leonard Q. Gruppo One hundred thirty-seventh Frank W. Yandrisevits One hundred thirty-eighth Jerry Birmelin One hundred thirty-ninth Thomas C. Corriean One hundred fortieth - Anthony Melio One hundred forty-first James L. Wright, Jr. One hundred forty-second David W. Heckler One hundred forty-third Benjamin H. Wilson Paul I. Clymer Robert D. Reber, Jr. Raymond Bunt, Jr. Lois Sherman Hagarty Richard A. McClatchy, Jr. Joseph A. Lashinger, Jr. George E. Saurman Roy W. Cornell Jon D. Fox Charles F. Nahill, Jr. Samuel W. Morris Elinor Z. Taylor Peter R. Vroon Joseph R. Pitts Robert C. Wright Kathrynann W. Durham Thomas Gannon Ron Raymond Nicholas A. Micozzie Mario J . Civera, Jr. Mary Ann Arty Stephen F. Freind Robert I. Flick Matthew J. Ryan Dennis M. O'Brien George T. Kenney, Jr. Ruth C. Rudy John M. Perzel Frances Weston Max Pievsky Gerard A. Kosinski Chris Wogan John J. Taylor Roy Reinard William W. Rieger Ralph Acosta Alphonso Deal Babette Josephs Nicholas J. Maiale Joseph Howlett Robert C. Donatucci Edward A. Wiggins Paul Semmel James R. Roebuck Joseph W. Battisto Vincent Hughes Peter D. Truman Chaka Fattah

One hundred forty-fourth One hundred forty-fifth One hundred forty-sixth One hundred forty-seventh One hundred forty-eighth One hundred forty-ninth One hundred fiftieth One hundred fifty-first One hundred fifty-second One hundred fifty-third One hundred fifty-fourth One hundred fifty-fifth One hundred fifty-sixth One hundred fifty-seventh One hundred fifty-eighth One hundred fifty-ninth One hundred sixtieth One hundred sixty-first One hundred sixty-second One hundred sixty-third One hundred sixty-fourth One hundred sixty-fifth One hundred sixty-sixth One hundred sixty-seventh One hundred sixty-eighth One hundred sixty-ninth One hundred sevintieth One hundred seventy-first One hundred seventy-second One hundred seventy-third One hundred sevent-y-fourth One hundred seventy-fifth One hundred seventy-sixth One hundred seventy-seventh One hundred seventy-eighth One hundred seventy-ninth One hundred eightieth One hundred eighty-first One hundred eighty-second One hundred eighty-third One hundred eighty-fourth One hundred eighty-fifth One hundred eighty-sixth One hundred eighty-seventh One hundred eighty-eighth One hundred eiehtv-ninth One hundred ninetieth One hundred ninetv-first One hundred nine&-second

Donald W. Dorr Richard Hayden Frank L. Oliver Ruth B. Harper Andrew J. Carn Robert W. O'Donnell John H. Broujos Gordon J. Linton David P . Richardson, Jr. Mark B. Cohen

One hundred ninety-third One hundred ninety-fourth One hundred ninety-fifth One hundred ninety-sixth One hundred ninety-seventh One hundred ninety-eighth One hundred ninety-ninth Two hundredth Two hundred first Two hundred second

Dwight Evans Two hundred third

(SEAL) Witness my hand and the seal of my office this Sixteenth day of December, 1986.

Robert A. Gleason, Jr. Secretary of the Commonwealth

CERTIFICATE ON ELECTION EXPENSES


To the Speaker of the House of Representatives and the Members of the House of Reoresentatives of the General Assembly of the Commonwealth of Pennsylvania, greetings,

I do hereby certify that all duly elected members of the House of Representatives in the General Assembly of the Common- wealth of Pennsylvania have complied with the provisions of Article XVI of the Pennsylvania Election Code entitled "Primary and Election Exoenses".

Thir certifl~.at~on is made in a i ~ o r d a n ~ e with the provirlons of Article XVI. S c ~ t ~ o n 163:tbl of the Pennsylvan~a Election Code . . (25 P.S. §3252(h)).

(SEAL) Witness my hand and the seal of my office this Sixteenth day of December, 1986. Robert A. Gleason, Jr. Secretary of the Commonwealth

ROLL CALL

The CHIEF CLERK. The roll call will now be taken, and members-elect will signify their presence by pressing the "aye" button.

The roll was recorded, and the following members-elect were present:

PRESENT-203

Acosta Angstadt Argall ARY Baldwin Barley Battisto Belardi Belfanti Birmelin Black Blaum Book Bartner Bowley Bawser Boyes Brandt Broujos

Donatucci Dorr Duffy Durham Evans Fargo Farmer Fattah Fee Fischer Flick Foster Fox Freeman Freind Gallen Gamble Gannan Geist

Lashinger Laughlin Leh Lescavitz Letterman Levdansky Linton Livengood Lloyd Lucyk McCall McClatchy McHale McVerry Maiale Maine Manderino Manmiller Markosek

Rieger Ritter Robbins Roebuck Rudy Ryan Rybak Saloam Saurman Scheetz Schuler Semmel Serafini Seventy Showers Sirianni Smith, B. Smith, S. H. Snyder, D. W

LEGISLATIVE JOURNAL-HOUSE JANUARY 6 ,

Bunt Burd Bums Bush Caltagirone Cappabianca Carlson Cam Cawley Cessar Chadwick Cimini Civera Clark Clymer Cohen Colafella Cole Cornell Corrigan Cowell COY Deluca DeVertcr Dewccse Daley Davics Dawida Deal Diettcrick Dininni Distler Dombrowski

George Mayernik Gladeck Melio Godshall Merry Gruitza Michlovic Gruppo Micozzie Hagarty Miller Haluska Mochlmann Harper Morris Hasay Mowery Hayden Mrkonic H ~ Y ~ S Murphy Heckler Nahill Herman Noye Hershey O'Brien Hess O'Donnell Honaman Olasz Howlett Oliver Hughes Perzel Hutchinson Petrarca ltkin Petrone Jackson Phillips Jadlowiec Piccola Jarolin Pievsky Johnson Pistella lorephs Pitts Kasunic Pressmann Kennedy Preston Kenney Punt Kosinski Raymond Kukavich Reber Lagrotta Reinard Langtr~ Richardson

Sayder, G. Staback Stairs Steighner Stevens Stewan Stuban Sweet Taylor, E. Z. Taylor, F. Taylor, 1. Telek Tigue Trello Truman Van Home Veon Vrwn Wambach Wass Weston Wiggins Wilson wogan Wozniak Wright, D. R. Wright, 1. L. Wright. R. C. Yandrisevits

Irvis, Speaker

ADDITIONS-0

NOT VOTING-0

EXCUSED-0

The CHIEF CLERK. Two hundred and three members- elect having indicated their presence, a quorum is present.

RESOLUTION ADOPTED

JUDGE JUSTIN M. JOHNSON REQUESTED TO ADMINISTER

OATH OF OFFICE

Mr. BOWLEY, a member-elect, offered the following resolution, which was read, considered, and adopted:

In the House of Representatives, January 6, 1987 RESOLVED, That the Honorable Justin M. Johnson, Judge

of the Superior Court of the Commonwealth of Pennsylvania, be requested to administer the oath of office required by Article VI, section 3, of the Constitution, to be taken by the members and Speaker of the House of Representatives.

COMMITTEE APPOINTED TO ESCORT JUDGE JOHNSON

The CHIEF CLERK. The Chair appoints the gentleman from Greene County, Mr. DeWeese, and the gentleman from Erie County, Mr. Boyes, to escort His Honor, Judge Johnson, to the rostrum.

The Chair recognizes the chairman of the committee. Mr. DeWEESE. Mr. Chief Clerk, it is my pleasure to intro-

duce the vigilant, unflagging, and unfettered Judge Justin Johnson for the swearing-in of the membership. Thank you.

The CHIEF CLERK. The committee is discharged with the thanks of the House.

A Bible has been placed in the desk of each member, for those who swear by the Bible.

Members-elect will rise, place your left hand on the Bible, raise your right hand, and remain standing at your desks during the administration of the oath to which each member will swear or affirm.

(Members-elect stood.)

OATH OF OFFICE ADMINISTERED TO MEMBERS-ELECT

JUDGE JOHNSON. Do you solemnly swear or affirm that you will support, obey, and defend the Constitution of the United States and the Constitution of this Commonwealth, and that you will discharge the duties of your office with fidelity? If so, say "1 do."

(Members asserted oaths.)

LEAVES OF ABSENCE

The CHIEF CLERK. Are there requests for leaves of absence?

The Chair recognizes the majority leader, Mr. Manderino, for leaves of absence.

Mr. MANDERINO. Mr. Chief Clerk, the Democrats report no leaves of absence this morning.

The CHIEF CLERK. The Chair thanks the gentleman. The Chair recognizes the minority leader, Mr. Ryan. Mr. RYAN. Mr. Chief Clerk, I have no requests for leaves

of absence. The CHIEF CLERK. The Chair thanks the gentleman.

RESOLUTION ADOPTED

ELECTION OF SPEAKER

Mr. DeLUCA offered the following resolution, which was read, considered, and adopted:

In the House of Representatives, January 6, 1987 RESOLVED, That in accordance with the provisions of Article

11, section 9, of the Constitution of Pennsylvania, the House do now proceed to the election of a Speaker.

NOMINATIONS FOR SPEAKER

The CHIEF CLERK. Nominations are in order for the office of Speaker.

The Chair recognizes the gentleman from Clearfield County, Mr. George.

Mr. GEORGE. Mr. Chief Clerk, honored guests, and my fellow members of the Pennsylvania House of Representa- tives, today as we embark on what promises to be a most important session of the Pennsylvania General Assembly, I have the distinct honor and privilege of entering into nomination for Speaker of the House a distinguished colleague and


friend whose name is already etched in the annals of Pennsyl- vania history by virtue of his illustrious career and service in this august body.

Twenty-eight years as a legislator and 22 of them in positions of leadership stand out as eloquent testimony to the esteem in which this nominee is held by his colleagues on both sides of the House. From the precincts and wards of Pittsburgh where he began his winning ways in 1956, to the chambers of this House where he has presided with dignity and fairness, to national political circles where he has served with distinction as cochairman of the Democratic National Convention, he has helped to raise the art of politics to that of an honorable profession where men and women of integrity and high principles can win elections and then work side by side for the common good of all Pennsylvanians.

I suppose that if I were asked to select a single quality of this gentleman that stands out above the rest, I would have to say that I have developed a strong admiration for his relentless fight for equal rights of all of our citizens regardless of race or religion. He has fought and continues to lead the fight for every person who has experienced the nightmare of joblessness, the pangs of hunger, the fear of mortgage fore- closure, and the desperation of homelessness in the world's most affluent society.

When one talks about well-rounded human beings, one must include this giant of a man who can walk into the ghettos and relate to the problems of the poor one day and travel to a distant continent the next day to discuss diplomatic trappings with the head of state. He has a deep sense of history that is being written every day in these chambers and a passionate regard for the Constitution of this Commonwealth and the United States of America. He served us well as Speaker on several occasions, the most recent being the 1985-86 session, and we can expect more of the same as he presides over this current session.

Mr. Chief Clerk and ladies and gentlemen, I am honored and privileged to nominate my distinguished colleague, the hdnorable K. Leroy Irvis of Allegheny County, for Speaker of the House of Representatives. Thank you, Mr. Chief Clerk.

The CHIEF CLERK. The gentleman from Clearfield County, Mr. George, places in nomination for the office of Speaker the gentleman from Allegheny County, the Honor- able K. Leroy Irvis.

The Chair recognizes the gentleman from Allegheny County, Mr. Preston.

Mr. PRESTON. Thank you, Mr. Chief Clerk. It is with great honor that I have a chance to second the

motion for Speaker of the House. Some people call him a father, some people call him a

teacher, some people say that he is a statesman, but yet we all agree that he is the leader and has been the Speaker in the past.

Rarely do we get a chance to deal with a person of compas- sion. Within this decade, we have seen many come and many to follow, but I think that the mark that this man has made

within the Commonwealth of Pennsylvania will go down in history at a time and set a precedent that we have gone through many forms of strife, a person whom I have learned to call not just a friend but a person whom I have learned to respect. Whether it is in Pittsburgh or whether it is in Alle- gheny County, whether it is in Philadelphia or whether it is in Potter County, this gentleman carries a stature about him and a certain walk and a certain demeanor that demands the respect that he has been entitled to over the years.

I can think of no one else at this particular time in our stature whom we can elect as being Speaker of the House. That is why I have no other forbearing but to realize that the Speaker of the House should be no one else other than the Honorable K. Leroy Irvis from Allegheny County.

The CHIEF CLERK. The gentleman from Allegheny County, Mr. Preston, seconds the nomination of Mr. lrvis for the office of Speaker.

The Chair recognizes the lady from Philadelphia County, Ms. Josephs.

Ms. JOSEPHS. Mr. Chief Clerk, honored guests, and colleagues, I rise to perform the most pleasant task I have yet performed as a member of the House of Representatives. But before I do it, I want to take this opportunity to thank Leroy Irvis, first personally from myself and then from all of my colleagues.

As I began thinking about what I ought to say to you all today, it came to me that in the many months that I have worked with the Speaker - often late at night, sometimes when there was more noise than there need strictly be in order to pass legislation, sometimes when perhaps a little bit more con- fusion reigned than it might have - never, never did the Speaker ever refer to me as "Mr." Josephs, the "gentleman" from Philadelphia County.

As one who has been so addressed by a member who is no longer serving with us, so he shall remain nameless, I thank you, Mr. Speaker, from the bottom of my heart. As a person who has received ties-count them, two ties-from her colleagues on behalf of lobbyists-they unfortunately really do not go with any of my suits-I thank you, Mr. Speaker. And as one who gets at least three letters a week addressed to "The Honorable Joseph Babette" with the inevitable salutation "Dear Mr. Babet:e," 1 really appreciate your courtesy.

But the Speaker is not only all things to all women; he also serves every one of us here. We know how skillful, how patient, how indefatigable, and how fair Leroy l ~ i s is. He has been the Speaker here for almost all of the years that I have known the General Assembly, and I cannot imagine the House without his guidance. I cannot imagine being called to order by another voice or being guided through the intricacies of parliamentary procedures by another mind. For all of us, the daily work we do here on the floor is inextricably inter- twined with the voice, the mind, the personality, and the presence of K. Leroy Irvis.

1 am indeed fortunate, Mr. Speaker, to have had the opportunity to serve with you, and I am truly sorry that I will not have that privilege after this session. So therefore, it is a great

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

6 LEGISLATIVE

privilege and a great pleasure and with enormous pride that I rise to also second the nomination of K. Leroy Irvis as Speaker of this House of Representatives.

The CHIEF CLERK. The lady from Philadelphia, Ms. Josephs, seconds the nomination of Mr. Irvis for the office of Speaker.

The Chair recognizes the gentleman from Philadelphia County, Mr. Fattah.

Mr. FATTAH. Mr. Chief Clerk, I rise to join my colleagues, Representatives George, Preston, and Josephs, to second the nomination of K. Leroy Irvis to be Speaker of the House.

It was Oliver Wendell Holmes who said that a man must involve himself in the passion and action of his time or risk the peril of being judged not to have lived. K. Leroy Irvis, the Speaker, has involved himself in the passion and action of his time - as an educator, as a teacher, as a prosecutor, as a humanitarian, as an artist, as a civil rights leader, as a politician and a statesman.

Another great American, Rev. Dr. King, said that the measure of a man is not to be judged by the way he stands at a time of convenience and comfort but the way he stands at a time of controversy and challenge. In this State, at this time, we have a great deal of challenge before us and a great deal of opportunity. K. Leroy Irvis, in my opinion, and I believe in the opinion of my colleagues, stands ready to serve, and that is the true measure of a man, to serve as a true statesman, not to be concerned so much about the next election but more concerned about the next generation.

1 would ask, as I rise to second the nomination, !hat all of my colleagues of like and spirit with me as we second the nomination of K. L~~~~ ~~~i~ for speaker of the House of Representatives. Thank you.

The CHIEF CLERK. The gentleman from Philadelphia County, Mr. Fattah, seconds the nomination of Mr. h i s for the office of Speaker.

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

Mr. HUTCHINSON. Mr. Chief Clerk, I move that the nominations now be closed.

The CHIEF CLERK. Those in favor of K. Leroy Irvis from Allegheny County for the office of Speaker of the House will say "aye"; those opposed, "no." The "ayes" have it, and K. Leroy Irvis from Allegheny County, having received the majority of all votes, is declared elected Speaker. Congratula- tions, Mr. Irvis.

JOURNAL-HOUSE JANUARY 6 ,

The committee to escort the Speaker-elect will proceed with the performance of its duties.

The Chair recognizes the chairman of the committee, Mr. Manderino.

Mr. MANDERINO. Mr. Chief Clerk, I present, as chairman of the committee, the Honorable K. Leroy Irvis for the purpose of receiving the oath as Speaker of the House of Rep- resentatives of the Commonwealth of Pennsylvania.

OATH OF OFFICE ADMINISTERED TO SPEAKER-ELECT IRVIS

The oath of office was administered to the Honorable K. Leroy Irvis, Speaker-elect of the House of Representatives, by the Honorable Justin M. Johnson.

The CHIEF CLERK. The committee is discharged with the thanksof the House.

REMARKS BY JUDGE JOHNSON

The CHIEF CLERK. Judge Johnson is requested to make a few brief remarks at this time.

JUDGE JOHNSON. Thank YOU.

Mr. Speaker and members of the House, distinguished guests and friends, when 1 was in law school, Soia Mentschikoff, my professor, made the point that what the courts say is dictum; what the legislatures do is the law. I have tried to keep that in mind during my service as an attorney and now as a judge, and the point which Professor Mentschikoff was making is that there is a relationship between the courts and the legislature, where the court is responsible for understanding the will of the legislature and seeing that that is carried out.

Some of You may not be aware that in electing K. Leroy I rv i~ as Your Speaker today, you have ~erformed an historic act. Not since 1791 has this body seen fit to elect a Speaker for three terms, let alone successively.

1 am delighted to he here, because I am aware of the chal- lenges and problems which face this body and because I know that you have selected as your leader a person whom I, and

COMMITTEE APPOINTED TO ESCORT SPEAKER-ELECT TO ROSTRUM

every member of the Commonwealth, can look up to and can respect. 1 am sure that you are prepared to move forward to discharge your responsibilities with fidelity.

On a oersonal note. I look around the room and I see so many people, men and women, who provided me support as 1 ran for election in 1985. It occurs to me that I would not even be on the court but for the action of this body in 1978 in amending the law to expand the Superior Court, and it occurs to me that I could not have been elected without the support and good will of so many in this room. 1 am aware of the interest and sensitivity which you have had about the welfare of our court and the judiciary generally, and I thank you for that.

The CHIEF CLERK. The Chair appoints the gentleman from Westmoreland County, Mr. Manderino, and the gentleman from Delaware County, Mr. Ryan, to escort Speaker- elect Irvis to the rostrum.

And now, with God working with you, let me say you have my prayers; you have my respect; you have my support. Con- gratulations on your choice of Speaker, and have a very productive New Year. Thank you.


PRESENTATION OF GAVEL

The CHIEF CLERK. The Chair requests the Honorable Rudy Dininni to take the Chair for the purpose of presenting the gavel lo the Speaker.

Mr. DININNI. Thank you, Mr. Chief Clerk. Members, guests, it is indeed a great honor for me to take

part in today's ceremonies. The man we have just elected in the past has always been fair and firm in conducting the business of this House, and I am sure he will continue to do so in the next 2 years. So it is with great pride that I present this gavel to my friend, K. Leroy Irvis. And may I present to you K. Leroy Irvis.

THE SPEAKER (K. LEROY IRVIS) IN THE CHAIR

ACKNOWLEDGMENT SPEECH

The SPEAKER. As usual, I am going to deviate from the script and probably give the Parliamentarian a lot of worries and my wife, who notices the mistakes that 1 make up here.

I have a widely variegated family. The two people whom I am going to introduce now out of order are sitting with my family group, and I am extremely proud of both of them. My wife and I have known Ellen and Bob Casey for over 26 years, and when 1 campaigned for him to be Governor, it was not as one politician campaigning for another; I campaigned for him as I would have had he been a brother of mine, because I trust him and I trust his integrity and his capabilities as leader.

He does have to go over to the Senate, and therefore, out of order, before I introduce the rest of the members of my family, I would like to present to you, as the guests of the Irvis clan and soon to he the guests of the General Assembly, Mrs. Ellen and Bob Casey. Notice I named the woman first.

Now you will notice that even though he is my close friend, I did not let him speak. I have a fierce devotion, as do those of you who served with me over the years, to the legislative b~,,lch of government, and I think that devotion is well taken.

If you look around you, the real flowers on the floor of the House today are the children on the floor of the House. You and I, who are no longer as young as we once were, have a solemn obligation to these children and a very heavy burden to carry before we transfer that burden to them. I look at the young lady to my right-stand up, Lesley. She is 15 years old now. When she was 5 and 6, she used to sit on my lap down at the majority leader's desk. She is now in high school. I wondered when I looked at her today what her world is going to be like in the 21st century, for she will live in that 21st century, as will our other children.

You and I, unfortunately, are burdened by the past. Those in my generation remember Stalin, Hitler, F.D.R. (Franklin Delano Roosevelt), Hoover. In her generation they will simply benames; most of them quickly forgotten.

It is your obligation and mine, even though our ears be tuned to the songs of the past and even though we witness the mausoleums of fate crumble into dust under the impact of the

future, we must learn to begin to sing the songs of freedom and peace and to begin to build the tabernacles of faith and courage which the 21st century will demand of all of our people.

You saw, as I was sworn in, my wife put her hand on this Ben Franklin Bible, my daughter put her hand on it, and my sister, Marian, put her hand on it. I did that for more than just family reasons. My sister and I were raised in a family where we were forbidden by our mother and father to discuss color of human beings. My father many times had said to his friends, if you cannot describe the person by his physique or his occupation or his philosophy, then I do not want to hear about his color. He said all human beings are colored one way or the other. My sister, Marian, and I learned that lesson, thank God, and thank my father and mother, and she and I have insisted all our lifetimes that we be judged on the basis of our own competence, or in my case incompetence, and we have insisted that we judge all other human beings on the same basis.

It is the only safe way to build this country. This is a marvelous country; nothing like it has ever been erected, as Sam Hayes, who is a better historian than 1, could tell you - nothing like it. Yet you and I in this part of the 20th century, now just a few years from the 21st. have the privilege and the obligation of forming this country in a better image than the past. If you and I fail, the whole Commonwealth fails, and if this Commonwealth fails, then the whole Nation may fail. And, God forbid, if this Nation fails, where else in the world of mankind is there a nation to carry such a banner as ours?

Oh, yes, all of us carry bias and prejudice in our heart, but you and I must strive always to eliminate those from our heart and our thinking, not for our sakes but for the sakes of the children who surround you today. For if we do not build well, some of them will not survive into the 2lst century, and that is a very heavy burden for us. But I have faith in them. I have een our children playing together. I have seen the black chil-

dren and the white children, I have seen the Chinese children and the Japanese-American children, I have seen the Hispanic children, the Jewish children, the Christian children all playing together, and I know that if they can play together, they can surely work and live together if we permit it.

I ask you to join with me in these 2 years to remember that we are not here elected as Republicans or Democrats; we simply got here by that vehicle. We are elected to do what Ed Johnson said to me in his very sensitive letter-and I thank you for it-that even though we may differ as to how we get I to these goals. even though we may differ as to the vehicle to take us, all of us, men and women alike, Republicans and Democrats, agree that the goals must be a Commonwealth where people can live in peace with their neighbors, can work at their level of training, can live where they wish, and without crime striking fear into their hearts. That is your job and mine. I hope to God we will live up to His expectations. Thank you.

I am delighted to see that the mother of David Richardson was able to come and be with us here today. We worried

LEGISLATIVE JOURNAL-HOUSE JANUARY 6,

about you when you took that terrific fall last year. We are glad to see you were able to get here and see your son sworn in.

Some of our members have not been so fortunate. David Mayernik's father died, I believe it was just yesterday. Mr. Colafella's mother-in-law died a few days earlier. Death walks among us all the time, but when it comes to those of us we love, it takes on a special meaning, and we send our sympathy to the families of those two Representatives.

Now I should like to introduce my own family. This time I had a list made, because last year I forgot a couple of them, which my wife duly noted and reminded me of this year.

My wife, who worries about whether I write these things down or not, and I tell her, no, I never write them down-she said, but you may make a mistake; I said, they will not know it because they do not listen to me anyway-my wife, Cathryn. Will you please rise? And the third generation of the family, my daughter, Sherri, who has come back from 2 years of service with the Peace Corps in northwestern Africa.

Sherri, 1 want you to have this Bible from your father, the one on which he put his hand and swore to God he would do his duty. 1 want you to remember that duty. Even when your father is no longer here, it will be yours.

All of you have met the next member of my family, some of you much to your regret. When you wanted to get in to see me, you were told by Olga, he is busy; what do you want to see him about? If you managed to get past Olga, then you got in to see me. I do not know how we are going to function in our office without her. We have asked her to keep coming back as a volunteer and she has promised she will. Olga, will you please stand? Olga Verbos, a member of my family.

I have a niece and a nephew here, Andre Edwards and LaToya Edwards, and they were invited to come as my guests, hut the only way they could come was to bring Eddie, who is my nephew, and Karen, his wife, here with them. Will all four of you please rise? Karen, Eddie, LaToya, Andre.

You have seen my sister, Marian. If you think I talk a lot, you had better not give her a chance at the microphone. Marian Hughes, my younger sister; her husband, Paul, who is long-enduring; their son, Paul, Jr.

Now, you are not going to believe this couple when you see them together. I want my nephew, Lawrence Betsill, to stand up first. Now I am going to show you the one who bosses his household, his wife, my niece, Diane. Stand up so they can see you. Babette, I guess you see where I learned to respect women. I know if they are that small and they can move that giant around, they can do anything.

There are two friends of mine who have been with me for many years, not in politics but hack home whenever I have needed them, and that has been frequent. They are both here because they are friends of mine and always welcome in my home as I am welcome in theirs - Dr. Bill Watson and Sam Anderson. Will you please rise?

All of you have from time to time, at least some of you from time to time, have wondered what the initial "K" meant, that I always sign it "K. Leroy." It was a little joke

-

between my mother, who is now deceased, and me. Now I am forced, because Dr. Rufus Lynch has named his young son for me, I am forced now to reveal what the "K" really stands for. I would like Dr. Rufus Lynch to stand with his wife, VeRita, and he will be holding Kirkland, Jr.

Attorney Mark Schwartz came to me when he was a 14- year-old boy and worked on my staff. I insisted that he go to law school because I did not want him tied to the future of a politician who might or might not get reelected from time to time. He is now a highly successful attorney, investment broker, and I am very proud to have him here as part of my family. Mark Schwartz, will you please rise?

I am told now that Mrs. Lillian Brown, who has been a good friend of our family for many years, has arrived. Welcome to the hall of the House.

When I first went to work in Pittsburgh many years ago, I met a young woman who even that many years ago was one of the most competent people I had ever met; she still is. She has been a friend over the years and has been a friend of mine and a friend of my family, and I am very proud of the fact that she is here with me and has brought her son. I introduce to you Mrs. Katie Johnson and her son, Everette. Will you two rise, please? Welcome.

Mr. Keegan was here with us 2 years ago and we introduced him then. I think you will see some changes in him now, and those changes are for the best. Gerrard Keegan, will you please rise?

Regis Bobonis and his family have been friends of mine for, oh, about 30 years. I have seen his children grow and he has seen mine grow. He is an extremely competent man with a brilliant mind, and I have gone to him many times for advice when my slower mind would not perceive the answers to problems. I am delighted to have him here as our guest. Mr. Bobonis, will you rise?

Mr. and Mrs. Allen Ertel. I have said about Allen that he has been one of the finest campaigners I ever worked with, hut there is an even better one and that is his wife, and he knows it, too, although he may not admit it publicly. I am delighted to have them with the family, Mr. and Mrs. Allen Ertel.

I have not forgotten Rachel. I shall never forget Rachel Lynch, because Rachel Lynch tore up the living room of our house when she was only 2 years old. I would not want to put her loose now on the floor of the House of Representatives; that is why her mother and father are making sure she is kept close. Rachel, wave your hands to the people.

When I need an answer to a problem about the northwest, I call on this man always. He has given of his strength so many, many times, even under the threat of serious illness. He believes, as I believe, that we were not put on this Earth to hate each other and to destroy each other but to love one another and to help one another. I am extremely proud of him and delighted he could be here today. From Erie, Alex Thompson.

I am the last of the class of 1959. All have now gone. But there is one sitting over there to my right whom this House

(Mace was nlaced on rnctrum\ I as it should be, because there is always unfinished business


When this mace is at the Speaker's right, as it is now, the House is in session, and the Speaker now declares that this House is now officially in session for the years 1987 and 1988.

should never ever forget nor should the people of this Com- monwealth. This man has done more for the field of education in the years that he has served than all the Governors and all the rest of us combined. Many of us have taken credit for his ideas and his efforts, and many of our children have been educated because of Jim Gallagher. He retired this year from the ball of the House, but if there be spirits abroad, you may count on the fact that the spirit of challenge and love which move this man will remain with us always. I am proud to call him my brother. James Gallagher, please rise.

PRESENTATION OF COMMEMORATIVE GAVEL

The SPEAKER. The Chair now recognizes the Chief Clerk, Johnny Zubeck. For what purpose do you rise, Mr. Chief Clerk?

The CHIEF CLERK. To present a commemorative gavel. The SPEAKER. I thank you very much. The CHIEF CLERK. The Chief Clerk is delighted to be

able to present a commemorative gavel to a gentleman whom I have had the honor and privilege and pleasure of knowing and serving for over 28 years in this House of Representatives. To my friend, Mr. Iwis, and 1 hope these next 2 years are the best 2 years ever.

The SPEAKER. Thank you, Johnny. Thank you so much.

PLACING OF MACE

The SPEAKER. The oath of office having been administered and having been taken by all the members of the House of Representatives and the Speaker elected, the Chair now instructs the Sergeant at Arms to place the symbol of authority of the House of Representatives, the mace, on the rostrum. The Sergeant at Arms will place the mace.

ANNOUNCEMENT OF MAJORITY FLOOR LEADERS

been elected policy chairman; the gentleman from Erie County, Mr. Dombrowski, has been elected caucus administrator; and the gentleman from Philadelphia County, Mr. Pievsky, has been elected chairman of the Appropriations Committee.

The SPEAKER. The Chair thanks the gentleman, Mr. Itkin.

REMARKS BY MAJORITY LEADER

The SPEAKER. The Chair recognizes the majority leader, Mr. Manderino.

Mr. MANDERINO. Thank you, Mr. Speaker. Mr. Speaker, Judge Johnson, members of the House of

Representatives, honored guests, ladies and gentlemen, my heartfelt congratulations to all of the newly sworn-in members, and a special welcome to the families and the guests. It is a pleasure to have you in this grand chamber, which today is especially beautiful.

Foremost in my thoughts today are the first-term legislators, who have now entered upon one of the most challenging and rewarding careers in public service. Let me point out to the first-term members and also remind all of us that this is a dynamic institution. As a tool of the people, it is ever respon- sive and so ever changing. Public service at any level, at any level of government, is a high calling, but to serve as a member of the House of Representatives is a special privilege. Of all of the branches of State Government, the House is uniquely created to be the voice of the vast majority of the people of the State.

~ ~ ~ k i ~ ~ back over my 213 years of service, it occurs to me that the only constant has been the words of the oath of office. Otherwise, the roles and the duties of a State Represen- tative have changed significantly; there have been significant changes in those roles with the changing of times. But that is

The SPEAKER. The Chair now recognizes the gentleman from Allegheny County, Mr. Itkin, for the purpose of making an announcement.

Mr. ITKIN. No caucus today, I hope. Mr. Speaker, as chairman of the Democratic Caucus, I

have been instructed to announce for the information of the members of the House and for the record that the gentleman from Westmoreland County, Mr. Manderino, has been elected majority leader by the Democratic Caucus and that the gentleman from Philadelphia County, Mr. O'Donnell, has been elected majority whip. Furthermore, the gentleman from Lawrence County, Mr. Fee, has been elected caucus secretary;

The reconvening of this House today addresses itself to the noblest agenda in all of human history, being namely the democratic process of government. Over the next 2 years we will be called upon to employ our best efforts in guiding our State through our many existing problems and those problems that will arise yet during this term. Let there be no doubt about it, there will he difficult days ahead, for the competitive position of this State and of our very Nation are very much in question. As we deal with the issues of education, the environment, a jobs-producing economy, we will be truly dealing with the fundamental questions of keeping our place in the world.

In the 2 years ahead, there will be factors that will divide us. We have divergent philosophies; we come from diverse com- munities. But there is a far greater force that always holds out the promise of unity - our common commitment to the ideals of the rule of law, the free and open exchange of ideas, and our unbending dedication to do the very best for the people of this great State.

the gentleman from Clarion County, Mr. David Wright, has

10 LEGISLATIVE

Let us remember that this year is not only the 200th anniversary of the drafting of the United States Constitution within the former chambers of this very House, but this year also marks more than 300 years of democracy in the corn- monwealth. The 203 members who have taken their oath of office share the responsibility for preserving the integrity and the effectiveness of the legislative process. Let us go forward with the idea that giving our best will make us the best.

Once again, my warm welcome to my returning fellow members and the new members, congratulations to all of the families, welcome to all of the friends, and thank you.

The SPEAKER. The Chair thanks the gentleman.

REMARKS BY MAJORITY WHIP

The SPEAKER. The Chair now recognizes the gentleman from Philadelphia, Mr. O'Donnell, the majority whip.

Mr. O'DONNELL. Thank you, Mr. Speaker. I would like to formally welcome especially the new

members to this House and to welcome them to what I think will be an entirely different and new world for them. Up until this point, especially in the context of campaigns, you have been able to be champions of the environment and clean air and clean water, and you have also been able to be champions of redevelopment in this State and massive new jobs. We have all taken the positions in favor of increased and more effective services in government and also lower taxes.

I would like to point out to the new members and to those of you who cannot see what is in front of these new members that there are two switches, a green one for "yes" and a red one for "no." There are no "maybe" switches.

This is an entirely new world for you. You have read about and you have thought about the problems of hazardous waste and the enormous difficulties that we have with nuclear risk in this State. We are now about to face decisions on those sub- jects.

As you spent your time over the holidays enjoying the corn- forts of your home, the media and other vehicles brought to you stories, I am sure, of people who had little or no comfort and in some cases had no home. You probably wondered whose responsibility that is. I think you are about to find out. For better or for worse, the next session is going to be charac- terized by an increasing shift by the Federal Government of some massive responsibilities to the State Government, and I think that this legislature is certainly to share an equal responsibility with the new Governor in meeting those responsibilities.

The world that these members are joining is a world that is filled at times with conflia which sometimes becomes bitter; it is a world of enormous responsibility which sometimes becomes overwhelming. But I am sure you join us, the more veteran members, in the sentiment that there is no place else we would rather be. Thank you.


JOURNAL-HOUSE JANUARY 6,

COMMITTEE ON PART OF SENATE RECOGNIZED

The SPEAKER. The Chair recognizes the Sergeant at Arms for the purpose of making a report.

The SERGEANT AT ARMS. Mr. Speaker, the chairman of the committee on the part of the Senate.

The SPEAKER. The Chair recognizes the chairman of the committee.

Mr. MADIGAN. Mr. Speaker, we are a committee from the Senate to inform the House of Representatives that the Senate is convened and organized in regular session and ready to proceed with business.

The SPEAKER. The Chair thanks the gentleman and thanks the committee for reporting and welcomes the new Senators back on the floor of the House. We hope you do not change once you get over there.

The Chair thanks the gentleman.

ANNOUNCEMENT OF MINORITY FLOOR LEADERS

The SPEAKER. The Chair now recognizes the gentleman from Perry County, Mr. Noye, for the purpose of making an announcement.

Mr. NOYE. Mr. Speaker, as chairman of the Republican Caucus, 1 have been instructed to announce for the information of the members of the House and for the record that the gentleman from Delaware County, Mr. Ryan, has been elected the minority leader by the Republican Caucus and that the gentleman from Blair and Huntingdon Counties, Mr. Hayes, has been elected the minority whip. Furthermore, the gentleman from Allegheny County, Mr. Cessar, has been elected Caucus secretary; the gentleman from Lancaster County, Mr. Brandt, has been elected policy chairman; the gentleman from Erie County, Mr. Bowser, has been elected CaUCUS administrator; and the gentleman from ~ o n t ~ o m e r y County, Mr. McClatchy, has been elected minority chairman of the Appropriations Committee.


REMARKS BY MINORITY LEADER

The SPEAKER. The Chair now the man but for the difference of a few votes might well have been here as Speaker and deservedly so. I have served with at thew Ryan both as leader and as Speaker. He is an honorable man, and the people who sent him here have chosen

The Chair recognizes the minority leader, MI. at thew Ryan.

Mr. RYAN. Thank you, Mr. Speaker. made me Cry. Is it too late to ask for a recount?

Mr. Speaker, I would like to restate my feelings to you of my respect and friendship for you on this day of your reelec- tion to the highest office that this House has, that of Speaker of the House of Representatives, and I again pledge to you my continuing partnership in all endeavors which serve the


mission of our ancient offices and add to the noble heritage of the House.

Together, Mr. Speaker, you and I and a number of the other older members have been privileged to belong to the generation of legislators who have acted to make this House a stronger, more independent institution than it was when we got here 20, 25,30 years ago. Step by step, those of us of this generation in these past years have done our best to equip all of our members, all of you, past and present, with the equip- ment necessary to do the job and to run this government in a better fashion, and I believe this Commonwealth is better off because of it.

It is my hope that you who are today's freshmen will find your years with the House productive and of lasting reward. It is my hope that when the world seems to be falling in upon your heads in some late session or some prolonged debate, you will draw some strength and some renewed spirit of dedication from the memory or the fact that you are holding office in one of the Nation's oldest and most distinguished institutions, this Pennsylvania House of Representatives.

K. Leroy Irvis and I are somewhat historical buffs when it comes to this Capitol. We have over many years worked to restore the Capitol and continue the heritage of our forefathers, and in keeping with that I would remark that the first published work on the history of Pennsylvania was done in 1798, and they did a description of the first General Assembly meeting at that time, and 1 am quoting in part: "William Penn proceeded to Upland, now called Chester;"-which is in Delaware County, my county-"where on the fourth day of the 10th month he called an assembly. The meeting continued only three days; and not withstanding the great variety of dis- positions, rawness and inexperience of this assembly, in affairs of this kind, yet a very remarkable candor and harmony prevailed among them."

The session of the Assembly into which we have entered marks the 306th year of this institution. Century after century each generation has carried on. In each the Assembly was composed of citizens who, like their predecessors, were marked by "rawness and inexperience," yet the job was done with fidelity, courage, and vision.

In this House much of our Nation's system of self-government was developed, tried, and tested long before we gained independence and nationhood. In this House in 1776, a former House clerk, a former member, a former leader, Benjamin Franklin, led his fellow citizens in creating the most democratic constitution of all the States and perhaps of all the Nations and countries of the world. It was in this House, not at this location but this House, this House of Representatives, that our forefathers met to write and adopt the Declaration of Independence. People like you, people like the man and woman sitting next to you, people like me, we wrote the Dec- laration of Independence. It was in the House that our forefathers met to devise, debate, and agree upon the Constitution for our Nation in 1787. There has not been a generation of Pennsylvania citizens holding office in this House which has not been challenged and sorely tested, and in each instance

they met the duty of the House and passed onward the heritage of freemen, which is ours as Pennsylvanians.

Several sessions ago the House introduced a resolution to establish the Capitol Preservation Committee to guarantee that this Capitol, its treasures of art, and knowledge of its history will be passed onward unblemished to all future gener- ations, and you only have to look in the rotunda to see some of the results of the workings of that committee, the magni- ficent restored rotunda of this Capitol Building. In the last session of the General Assembly, we acted to establish a Penn- sylvania Constitutional Bicentennial Commission to coordi- nate and lead in the observance of our 200th anniversary of the United States Constitution, whose birth took place in the Pennsylvania State House, now Independence Hall in Phila- delphia.

So I encourage each and every one of you, freshman and veteran, to join with Speaker Irvis and myself and all the others of the General Assembly who view the coming constitutional bicentennial celebration of 1987 and 1988 as an opportunity to place the Pennsylvania story before the Nation and the world in its rightful place of high honor in creating, defending, and maintaining our beloved United States of America. Thank you, Mr. Speaker.


REMARKS BY MINORITY WHIP

The SPEAKER. The Chair now recognizes the gentleman from Huntingdon, Mr. Hayes.

Mr. HAYES. Thank you, Mr. Speaker. Just a few moments ago you brought to all of us the sad

news that some of our colleagues have lost loved ones in the last few days. I at this time would like to bring a bit of good news. I am not sure anyone noticed, but not all of us got here on time today. Representative Merle Phillips was at home with his daughter as she gave birth to a new young son, and that is good news, Mr. Speaker.

Mr. Speaker, a few days ago while most in this hemisphere were still asleep enjoying their holiday slumber, my youngest son, Erick, was up to catch a glimpse of a particular planet in the twilight of the early morning dawn. The star was supposed to be at its brilliant best.

Later in the day, Erick, in youthful vernacular, informed me that the planet had done its thing. Our discussion about the brilliance of the star was not a conversation about techni- cal astronomy, geometry, physics, or chemistry. It was nothing more than a brief exchange about the simple fact that the star had done what it was supposed to do; it was the brightest of stars in the galaxy for a moment in time. The star completed its deed and was judged well done.

In the galaxy of governments, Pennsylvania is still a young star and capable of greatness. It can shine brightly or not so brightly. Its brilliance will he determined by us. The popular brilliance of our star will not be judged by how adept we are in the use of Mason's Manual or Jefferson's Manual. All of that is for the political scientist. The people will not judge this

12 LEGISLATIVE JOURNAL-HOUSE JANUARY 6,

House of Representatives by our political astronomy and speeches. All of that is for us. The people will judge the House of Representatives by our deeds.

Let us do like the star was supposed to do and did. Let us shine brightly during this moment of time as Representatives in a free republic. Thank you, Mr. Speaker.

The SPEAKER. The Chair thanks the gentleman. Mr. HAYES. Mr. Speaker? The SPEAKER. Mr. Hayes? Mr. HAYES. Some more good news. George Hasay and his

wife just had their first child. The SPEAKER. Marvelous. Marvelous.

THANKS EXTENDED TO CHIEF CLERK I The SPEAKER. The Chair extends the thanks of the House

and especially the thanks of the Speaker to the gentleman, Mr. Zubeck, our Chief Clerk, for the efficient manner in which he has organized and presided over this House.

PARLIAMENTARIAN APPOINTED I The SPEAKER. In compliance with the laws of the Com-

monwealth authorizing the Speaker to appoint a Parlia- mentarian, the Chair appoints Clancy Myer, who stands to my left, and all of you who have been here before would rec- ognize him, as Parliamentarian of the House of Representa- tives.

I think all of you who have served with Clancy will admit that he has ruled down the middle. He has ruled as it should be ruled, and I am proud to have him to my left, and in fact 1 probably could not preside over this House without him. Con- gratulations, Clancy, and welcome.

SPEAIER PRO TEMPORE APPOINTED I The SPEAKER. Those of you who have served with me in

the past 4 years have known that a friend of mine, Hefty Fryer, was usually named as Speaker pro tempore whenever I could not be at this podium. I am now going to name another friend of mine, a man from Allegheny County whom I have watched develop from the first day he stood on the floor of this House. I am going to name Ivan Itkin as Speaker pro tempore. Congratulations, Mr. Itkin.

RESOLUTION ADOPTED I THANKS EXTENDED TO JUDGE JOHNSON I

Mr. PRESSMANN offered the following resolution, which was read, considered, and adopted:

In the House of Representatives, January 6, 1987 RESOLVED, That the members of the House of Representa-

tives do hereby extend their thanks to the Honorable Justin M. Johnson for his services in administering the oath of office to its members and officers.

The SPEAKER. The Chair thanks the gentleman, Mr. Johnson, who is indeed a longtime friend, and thanks him very, very much for coming here to administer the oath of office.

OATH OF OFFICE ADMINISTERED TO MEMBERS-ELECT

The SPEAKER. Do not leave yet, Judge. We have two members who could not be on the floor of the House when the rest of us were sworn in.

Mr. Phillips and Mr. Semmel, come forward and bring your Bibles.

There are three of you? Mr. Seventy. He was off playing that accordion; I know what he was doing. Come up here and stand over here to the left of the Speaker.

The Chair recognizes the Honorable Justin Johnson to administer the oath to the three members.

JUDGE JOHNSON. Do you solemnly swear or affirm that you will support, obey, and defend the Constitution of the United States and the Constitution of this Commonwealth, and that you will discharge the duties of your office with fidelity? If so, say "I do."

(Members asserted oaths.)

RESOLUTION ADOPTED

ADOPTION OF TEMPORARY RULES

The SPEAKER. The Chair now recognizes the gentleman from Westmoreland County, the majority leader, Mr. Mand- erino.

Mr. MANDERINO. Mr. Speaker, I present the following resolution, which will be the adoption of the temporary rules for the House of Representatives.

The following resolution was read:

House Resolution No. 1

A RESOLUTION Providing for the adoption of temporary rules of the House of

Representatives. RESOLVED, That the existing rules of the 1985-86 session be

and are hereby adopted as the temporary rules for the 1987-88 session of the House of Representatives until the adoption of per- manent rules.

James 1. Manderino

On the question, Will the House adopt the resolution? Resolution was adopted.

RESOLUTION ADOPTED

COMMITTEE TO INFORM GOVERNOR HOUSE OF REPRESENTATIVES

IS ORGANIZED

Mr. LEVDANSKY offered the following resolution, which was read, considered, and adopted:


In the House of Representatives, January 6, 1987 RESOLVED, That a committee of three members be

appointed by the Speaker to wait upon His Excellency, the Gov- ernor of the Commonwealth, and inform him that the House of Representatives is organized and ready to receive any communi- cations he may wish to make.

COMMITTEE APPOINTED

The SPEAKER. The Chair now names as a committee to wait upon the Governor and notify him that the House is organized, the gentleman from Philadelphia County, Mr. Pievsky; the gentleman from Mercer County, Mr. Gruitza; and the lady from Philadelphia County, Mrs. Weston.

The committee will now proceed with the performance of its duties.

SENATE MESSAGE I ADJOURNMENT RESOLUTION

FOR CONCURRENCE I The clerk of the Senate, being introduced, presented the

following extract from the Journal of the Senate, which was read as follows:

In the Senate, January 6, 1987 RESOLVED, (the House of Representatives concurring), That

when the Senate adjourns this week it reconvene on Tuesday, January 20, 1987, unless sooner recalled by the President Pro ~ e m p o i e of the Senate; and be it further

RESOLVED, That when the House of Representatives adjourns this week it reconvene Tuesday, January 20, 1987, unless sooner recalled by the Speaker of the House of Representa- tives; and be it further

RESOLVED, That when the Senate adjourns the week of January 20, 1987, it reconvene on Monday, January 26, 1987, unless sooner recalled by the President Pro Tempore of the Senate, and when the House of Representatives adjourns the week of January 20, 1987, it reconvene on Monday, January 26, 1987, unless sooner recalled by the Speaker of the House of Rep- resentatives.

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

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

from Philadelphia County, Mr. Pievsky; the gentleman from Philadelphia County, Mr. Rieger; the gentleman from Luzerne County, Mr. Blaum; the gentleman from Berks County, Mr. Gallen; the gentleman from Allegheny County, Mr. McVerry; the gentleman from Dauphin County, Mr. Dininni; the lady from Susquehanna County, Miss Sirianni; the gentleman from Bucks County, Mr. James Wright; and the Speaker of the House.

SENATE MESSAGE

RESOLUTION AUTHORIZING APPOINTMENT OF INAUGURAL COMMITTEE

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

In the Senate, January 6, 1987 RESOLVED, (the House of Representatives concurring), That

the President Pro Tempore of the Senate be and is hereby autho- rized to appoint a committee of sixteen Senators to act in con- junction with a committee of twenty Members of the House of Representatives to he appointed by the Speaker, to make necessary arrangements for the inauguration of the Governor-elect to wait upon His Excellency; and be it further

RESOLVED, That the inaugural ceremonies take place at twelve o'clock noon on the third Tuesday of January, the 20th instant, 1987, on the front steps of the Main Capitol Building.



WELCOME

The SPEAKER. During this period of hiatus, the Chair notices that the lady upon whom all of us depend entirely and whom our families depend upon, even though they have never met her, the Comptroller of the House of Representatives is now seated on the floor of the House, Ann Santinoceto. Please rise, Ann.

REPORT OF COMMITTEE TO WAIT UPON GOVERNOR

The SPEAKER. The following members have been selected to serve on the Committee on Committees: The chairman will he the gentleman from Westmoreland County, Mr. Hutchinson; the members will he the gentleman from Alle- gheny County, Mr. Duffy; the gentleman from Erie County, Mr. Dombrowski; the gentleman from Philadelphia County, Mr. Linton; the gentleman from Lawrence County, Mr. Fee; the gentleman from Allegheny County, Mr. Itkin; the gentleman from Clearfield County, Mr. George; the gentleman

COMMITTEE ON COMMITTEES APPOINTED - committee to advise the Governor that the House has been organized and is ready to d o business.

The Chair recognizes the gentleman from Philadelphia, Mr. Pievsky, for a report.

Mr. PIEVSKY. Mr. Speaker, the committee you appointed t o inform His Excellency, the Governor, that the House is organized has performed that duty.

And the Governor has also asked me to extend his congratulations t o the members of this House and to have a productive session this coming session and wishes us all good luck.

1 The SPEAKER. The Chair now recognizes the return of the

I Thank you, Mr. Speaker.

14 LEGISLATIVE JOURNAL-HOUSE JANUARY 6,

The SPEAKER. The Chair thanks the committee and discharges the committee with the thanks of the Chair.

RESOLUTION ADOPTED

COMMITTEE TO INFORM SENATE HOUSE OF REPRESENTATIVES

IS ORGANIZED

Mr. BORTNER offered the following resolution, which was read, considered, and adopted:

In the House of Representatives, January 6, 1987 RESOLVED, That a committee of three members be

appointed by the Speaker to wait upon the Senate and inform that body that the House of Representatives is organized and ready to proceed with the business of the session.

COMMITTEE APPOINTED

The SPEAKER. The Chair appoints as a committee to notify the Senate that the House is organized, as chairman, the gentleman from Philadelphia County, Mr. Deal; the lady from Centre County, Mrs. Rudy; and the gentleman from Bradford County, Mr. Chadwick.

The committee will proceed in the performance of its duties.

SENATE MESSAGE

JOINT SESSION

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

In the Senate, January 6, 1987 RESOLVED, (the House of Representatives concurring). That

the Senate and House of ~epresentatives meet in Joint Session, Tuesday, January 6, 1987 at 2:00 P.M. in the Hall of the House of Representatives for the purpose of witnessing the opening, counting and computing the official returns of the election for Governor and Lieutenant Governor, held on Tuesday, November 4, 1986, in the several counties of the Commonwealth.



RESOLUTION ADOPTED

COMMITTEE TO ESCORT SENATE

Mr. KASUNIC offered the following resolution, which was read, considered, and adopted:

In the House of Representatives, January 6 . 1987 RESOLVED, That the Speaker appoint a committee of three

to escort the members and officers of the Senate to the Hall of the House for the purpose of attending the Joint Session of the General Assembly.

COMMITTEE APPOINTED

The SPEAKER. The Chair appoints as a committee to wait upon the Senate, as chairman, the gentleman from Centre County, Mr. Letterman; the gentleman from Union County, Mr. Showers; and the gentleman from Chester County, Mr. Hershey.

The committee will now leave the floor of the House for the performance of its duties.

RESOLUTION ADOPTED

APPOINTMENT OF TELLER

Mr. McCALL offered the following resolution, which was read, considered, and adopted:

In the House of Representatives, January 6, 1987 RESOLVED, That the gentleman from Washington County,

Mr. Sweet, he appointed Teller on the part of the House of Rep- resentatives to open and compute the vote for Governor and Lieutenant Governor of the Commonwealth of Pennsylvania in a Joint Session of the Senate and House at a time to be fixed by concurrent resolution.

The SPEAKER. The gentleman from Washington County, Mr. Sweet, has been selected to he the teller on the part of the House to open and compute the vote for Governor and Lieu- tenant Governor.

The House will now stand at ease. Because the Senate will be coming into the House in approximately 10 minutes, the Chair must ask that those members and families who are occupying the seats in the well of the hall of the House now vacate those seats so that the Senate may sit there.

The House will remain at ease awaiting the advent of the Senate.

The House will now return to order.

REPORT OF COMMITTEE TO WAIT UPON SENATE

The SPEAKER. The Chair recognizes the Sergeant at Arms.

The SERGEANT AT ARMS. Mr. Speaker, the chairman of the committee on the part of the House.

The SPEAKER. The Chair recognizes the chairman, Mr. Deal.

Mr. DEAL. Mr. Speaker, your committee instructed to inform the Senate that the House is organized and is ready to proceed with the business of the session has performed that duty.

The SPEAKER. The Chair thanks the gentleman and his committee and discharges the committee with the thanks of the House.


REPORT OF COMMITTEE ESCORTING SENATE

The SPEAKER. The Senate is now entering the hall of the House. The members will please rise.

The Chair recognizes the Sergeant at Arms. The SERGEANT AT ARMS. Mr. Speaker, the committee

of the House escorting the Senate to the hall of the House. The SPEAKER. The Chair recognizes the gentleman from

Centre, Mr. Letterman. Mr. LETTERMAN. Mr. Speaker, your committee

appointed to wait upon the Senate and escort them to the hall of the H~~~~ has Derformed that dutv and reDorts that the

The following election returns were read:


To His Excellency, the Lieutenant Governor of the Common- wealth of Pennsylvania, the President Pro Tempore of the Senate, and the Members of the General Assembly of the Com- monwealth of Pennsylvania, greetings:

I have the honor to present the official returns of the General Election held November 4, 1986, for the office of Governor of the Commonwealth of Pennsylvania, wherein it was disclosed that

Bob Casey, Democrat, received 1,717,484 votes, William W. Scranton, Republican, received 1,638,268 votes,

Senate is in attendance. The SPEAKER' The Chair thanks lhe committee' The

committee is discharged.

The SPEAKER. The Chief Clerk has provided chairs in the rotunda of the House, and the Chair requests that the Senate take those seats.

The Chair requests the Lieutenant Governor, the Honor- able William W. Scranton 111, to preside over the proceedings of this joint session of the General Assembly.

The President pro tempore of the Senate, the Honorable Robert C. Jubelirer, is invited to be seated on the rostrum.

The members of the Senate will now please he seated. The Chair welcomes the Lieutenant Governor of the Com-

monwealth of Pennsylvania and requests that he preside over this session.

and Heidi J. Hoover, Consumer, received 32,523 votes

as the same were certified by the County Boards of Elections, and remain of record in this office.

LIEUTENANT GOVERNOR WILLIAM W. SCRANTON 111

REQUESTED TO PRESIDE

JOINT SESSION OF THE GENERAL ASSEMBLY

LIEUTENANT GOVERNOR WILLIAM W. SCRANTON 111 PRESIDING

ELECTION RETURNS PRESENTED

(SEAL) Witness my hand and the seal of my office this twenty- ninth day of December, 1986. Robert A. Gleason. Jr.

The LIEUTENANT GOVERNOR. Thank you. This joint session will please come to order. This being the day and the time agreed upon by a concur-

rent resolution of the Senate and of the House of Representa- tives, and in accordance with the provisions of the Constitu- tion and the laws of the Commonwealth for the opening and computing of the official returns of the election for the Gov- ernor and Lieutenant Governor held on Tuesday, November 4, 1986, in the several counties of this Commonwealth, the returns will now be opened and read.

The teller on the part of the Senate is the Senator from Delaware County, Senator Bell, and the teller on the part of the House of Representatives is the gentleman from Washing- ton C-sentative Sweet. The tellers will please come to the desks assigned to them by the Chief Clerk of the House and proceed in the performance of their duties.

Secretary of the Cokmonwealth



I have the honor to present the official returns of the General Election held November 4, 1986, for the office of Lieutenant Governor of the Commonwealth of Pennsylvania, wherein it was disclosed that

Mark Singel, Democrat, rece~ved 1.717,484~oter, Mikc F~sher. Renubliian. received 1.638.268 votes. and John ~rickhous;, Consumer, received 32,523 votes

as the same were certified by the County Boards of Elections, and remain of record in this office.

(SEAL) Witness my hand and the seal of my office this twenty- ninth day of December, 1986. Robert A. Gleason, Jr. Secretary of the Commonwealth

G-I Dcmocralie Consumer L1. Governor Scrantonl Casey/ Hoover/ Oencral-No". 4, 1986 Fisher Singel Brickhouse

Adams Allegheny Armslrong Beaver Bedford Berks Blair Bradford Bucks Butler Cambtia Cameron Carbon Centre Chmter Clarion Clearfield Clinton Colurnbis

LEGISLATIVE JOURNAL-HOUSE JANUARY 6,

Crawford Cumberland Dauphin Delaware Elk Erie Faymte Fore* Franklin Ful!on 0r-e Huntiqdon Indians Jcffnson Juniala Lackawanna Lancarter Lawrmce Lebanon Lchigh Luzcrne LycDrning McKmn Mercer Miff in Monroe Montgomery Moaour Nonhampton Nonhumbnland Perry Philadelphia Pike potter S~huylkill Snyder Somerset SuUivan 1.263 Susquehanna 6,668 Tioga 6.392 Union 4.882 Vmango 8.530 Warren 7,641 Washington 23.033 W l m r 5 JIR

Will the members please be at ease while the certificates are signed.

CERTIFICATES OF ELECTION FILED

The LIEUTENANT GOVERNOR. The certificates of election for Governor and Lieutenant Governor, having been signed by the officers and tellers on the part of the Senate and the House of Representatives, will be filed.

The following signed certificates of election were filed:

Commonwealth of Pennsylvania January 6, 1987

We, the President of the Senate and Speaker of the House Of Representatives of the Commonwealth of Pennsylvania, do certify that the President of the Senate did, on the sixth day of January, A.D., one thousand nine hundred and eighty-seven, in the Hall of the House of Representatives at the State Capitol, open the returns of the election for Governor of this Common- wealth, and publish the same in the presence of both Houses of the General Assembly, conformably to the provisions of the Con- stitution and laws of said Commonwealth and upon counting the votes by a teller appointed on the part of each House it appeared that the Honorable Robert P. Casey had the highest number Of votes; whereupon the said Honorable Robert P. Casey was declared to have been duly elected Governor of the Commou- wealth.

In testimony whereof, we have hereunto set our hands and affixed our seals the day and year above written.

(SEAL) William W. Scranton 111 President of the Senate

(SEAL) 125

K. Leroy Irvis Speaker of the

House of Representatives

Clarence D. Bell Teller on the part

of the Senate . .,.~. ., .. .,--- .- Westmorsland 40.719 63,473 1,100 wyoming 4 . ~ 2 3.583 59 ~ o r k 45,733 788

TOTAL 1,638,268 1,711,484 32,523

TELLERS' REPORT

The LIEUTENANT GOVERNOR. The Chair recognizes the teller on the part of the senate, the gentleman from Delaware County, Senator Bell.

BELL' President, Speaker, and Inembers of the General Assembly, the tellers agree in their count and submit their report of the votes cast for the office of Governor and Lieutenant Governor:

Bob Casey and Mark Singel, Democrat, 1,717,484 votes; William W. Scranton and Mike Fisher, Republican, 1,638,268

votes; Heidi J. Hoover and John Brickhouse, Consumer, 32,523

votes.

The LIEUTENANT GOVERNOR. Thank you, Senator. Robert P. Casey and Mark S. Singel having received the

highest number of votes are duly elected Governor and Lieu- tenant Governor of the Commonwealth of Pennsylvania for the term of 4 years from the third Tuesday of January 1987.

David W. Sweet Teller on the part of the


Commonwealth of Pennsylvania January 6, 1987

We, the President of the Senate and Speaker of the House of Representatives of the Commonwealth of Pennsylvania, do certify that the President of the Senate did, on the sixth day of January, A.D., one thousand nine hundred and eighty-seven, in the Hall of the House of Representatives at the State Capitol, open the returns of the election for Lieutenant Governor of this Commonwealth, and publish the same in the presence of both Houses of the General Assembly, conformably to the provisions of the Constitution and laws of said Commonwealth and upon counting the votes by a teller appointed on the part of each House it appeared that the Honorable Mark S. Singel had the highest number of votes; whereupon the said Honorable Mark S. Singel was declared to have been duly elected Lieutenant Governor of theCommonwealth.

In testimony whereof, we have hereunto set our hands and affixed our seals the day and year above written.

(SEAL) William W. Scranton 111 President of the Senate

(SEAL) K. Leroy Irvis Speaker of the



I . . . -. . . . .

Mr. MORRIS. Mr. Speaker, I move that this House do now ON EXPENSES adjourn until Tuesday, January 20, 1987, at 10:30 a.m.,

Clarence D. Bell Teller on the part

of the Senate David W. Sweet Teller on the part of the




I do hereby certify that Bob Casey, Governor, and Mark Singel, Lieutenant Governor, have complied with the provisions of Article XVI of the Pennsylvania Election Code entitled "Primary and Election Expenses".

This certification is made in accordance with the provisions of Article XVI, Section 1632(b) of the Pennsylvania Election Code (25 P.S. §3252(b)).

(SEAL) Witness my hand and the seal of my office this twenty- ninth day of December, 1986. Robert A. Gleason, Jr. Secretary of the Commonwealth

ADJOURNMENT

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

The Chair recognizes the gentleman from Chester, Mr. Morris.

JOINT SESSION ADJOURNED I The LIEUTENANT GOVERNOR. The Chair asks that the

members of the House and visitors remain seated while the members of the Senate leave the hall of the House.

The members of the Senate will please reassemble immedi- ately in the Senate chamber upon adjournment of this meeting.

The business for which the joint session has been assembled having been transacted, the session is now adjourned, and the Chair on behalf of the Senate thanks the members and the Speaker of the House of Representatives for their hospitality and wishes them all a happy and healthy New Year.

THE SPEAKER (K. LEROY IRVIS) IN THE CHAIR

MOTION TO PRINT PROCEEDINGS OF JOINT SESSION

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

Mr. VEON. Mr. Speaker, 1 move that the proceedings of the joint session of the Senate and the House of Representa- tives held this 6th day of January 1987 be printed in full in this day's Legislative Journal.

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

e.s.t., unless sooner recalled by the Speaker.

On the question, Will the House agree to the motion? Motion was agreed to, and at 2:17 p.m., e.s.t., the House

adjourned.

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