commonwealth of pennsylvania ^tqx&hxixbt ^journal2003/11/17 · advice and consent of the senate,...

COMMONWEALTH OF PENNSYLVANIA

t̂Qx&hxixbt ^Journal MONDAY, NOVEMBER 17, 2003

SESSION OF 2003 187TH OF THE GENERAL ASSEMBLY No. 73

SENATE MONDAY, November 17,2003

The Senate met at 2 p.m., Eastern Standard Time.

The PRESIDENT (Lieutenant Governor Catherine Baker Knoll) in the Chair.

PRAYER

The Chaplain, Reverend PAUL PRICE, of Cornerstone Wor-ship Center, Indiana, offered the following prayer:

Let us pray. Gracious Lord, I come to Your throne of grace today to inter-

cede on behalf of these men and women who represent this house of the Senate, Lord, of our great Commonwealth. I ask that You would grant them Your insight and knowledge and great wisdom as they deal with the issues that are brought before them today that will impact our lives for all of us citizens here in this Com-monwealth.

I thank You for it, for I ask it in the name of our Lord and Savior, Jesus Christ. Amen.

The PRESIDENT. The Chair thanks Reverend Price, who is the guest today of Senator Don White.

PLEDGE O F ALLEGIANCE

(The Pledge of Allegiance was recited by those assembled.)

JOURNAL APPROVED

The PRESIDENT. A quorum of the Senate being present, the Clerk will read the Journal of the preceding Session of October 29,2003.

The Clerk proceeded to read the Journal of the preceding Session, when, on motion of Senator BRIGHTBILL, and agreed to by voice vote, further reading was dispensed with and the Journal was approved.

COMMUNICATIONS F R O M THE GOVERNOR

APPROVAL OF SENATE BILLS

The PRESIDENT laid before the Senate communications in writing from His Excellency, the Governor of the Common-wealth, advising that the following Senate Bills had been ap-proved and signed by the Governor:

SB 164 and SB 461.

NOMINATIONS REFERRED TO COMMITTEE

The PRESIDENT laid before the Senate the following com-munications in writing from His Excellency, the Governor of the Commonwealth, which were read as follows and referred to the Committee on Rules and Executive Nominations:

CLERK OF COURTS, ADAMS COUNTY

October 30,2003

To the Honorable, the Senate of the Commonwealth of Pennsylvania:

In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Stephanie Moore, 40 Red Barberry Drive, Etters 17319, York County, Fifteenth Senatorial District, for appointment as Clerk of Courts, in and for the County of Adams, to serve until the first Monday of January 2004, vice Peggy J. Breighner, resigned.

EDWARD G. RENDELL Governor

MEMBER OF THE ADAMS COUNTY BOARD OF ASSISTANCE

October 31,2003


In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Sam Cohn, 491 Hillside Drive, Mountville 17554, Lancaster County, Thirty-sixth Senatorial District, for appointment as a member of the Adams County Board of Assistance, to serve until December 31, 2004, and until his successor is appointed and qualified, vice Carole Wolf-Siliezar, Hanover, resigned.


MEMBER OF THE PENNSYLVANIA DRUG, DEVICE AND COSMETIC BOARD

November 6,2003


1120 LEGISLATIVE JOURNAL — SENATE NOVEMBER 17,

In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Sam Cohn, 491 Hillside Drive, Mountville 17554, Lancaster County, Thirty-sixth Senatorial District, for appointment as a member of the Pennsylvania Drug, Device and Cosmetic Board, to serve for a term of four years or until his successor is appointed and qualified, but not longer than six months beyond that period, vice Keldeen Stambaugh, Harrisburg, whose term expired.


MEMBER OF THE PENNSYLVANIA HUMAN RELATIONS COMMISSION

November 6, 2003


In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, B.J. Clark, 611 East Darby Road, Havertown 19083, Delaware County, Seventeenth Senatorial District, for appointment as a member of the Pennsylvania Human Relations Commission, to serve until October 19, 2004, or until his successor is appointed and qualified, vice Reverend Carl E. Denson, Bethel Park, resigned.


MEMBER OF THE PENNSYLVANIA ECONOMIC DEVELOPMENT FINANCING AUTHORITY

November 10,2003


In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Mark Schneider, 7522 Graymore Road, Pittsburgh 15221, Allegheny County, Forty-third Senatorial Dis-trict, for appointment as a member of the Pennsylvania Economic De-velopment Financing Authority, to serve for a term of four years and until his successor is appointed and qualified, vice Sandor Yelen, Kingston, whose term expired.


MEMBER OF THE STATE BOARD OF OCCUPATIONAL THERAPY EDUCATION AND LICENSURE

November 10,2003


In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Ellen Kolodner, 918 Frazier Road, Rydal 19046, Montgomery County, Fourth Senatorial District, for ap-pointment as a member of the State Board of Occupational Therapy Education and Licensure, to serve for a term of three years and until her successor is appointed and qualified, vice Jerry Johnson, Philadelphia, whose term expired.

EDWARD G RENDELL Governor

MEMBER OF THE STATE BOARD OF OCCUPATIONAL THERAPY EDUCATION AND LICENSURE

November 10,2003


In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Pamela Toto, 7008 Lyons View Court, Munysville 15668, Westmoreland County, Forty-first Senatorial District, for appointment as a member of the State Board of Occupa-tional Therapy Education and Licensure, to serve until May 22, 2004, and until her successor is appointed and qualified, vice Jodi L. Schreiber, Glenshaw, resigned.


MEMBER OF THE BOARD OF PARDONS

November 10,2003


In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Louise B. Williams, 331 South Frank-lin Street, Lancaster 17602, Lancaster County, Thirteenth Senatorial District, for reappointment as a member of the Board of Pardons, to serve until November 30, 2009.


MEMBER OF THE STATE EMPLOYEES' RETIREMENT BOARD

November 10,2003


In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Nicholas Maiale, 225 South 18th Street, Apartment 1406, Philadelphia 19103, Philadelphia County, First Senatorial District, for reappointment as a member of the State Employ-ees' Retirement Board, to serve for a term of four years and until his successor is appointed and qualified.


MEMBER OF THE HUNTINGDON COUNTY BOARD OF ASSISTANCE

November 10,2003


In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Beverly J. Gusler, (Republican), P.O. Box 35, James Creek 16657, Huntingdon County, Thirtieth Senatorial District, for appointment as a member of the Huntingdon County Board of Assistance, to serve until December 31, 2003, and until her successor

2003 LEGISLATIVE JOURNAL — SENATE 1121

is appointed and qualified, vice Ann H. Hohman, Huntingdon, whose term expired.


MEMBER OF THE HUNTINGDON COUNTY BOARD OF ASSISTANCE

November 10,2003


In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Joann Condellone Slattery, (Demo-crat), HCR 71, 169A, Hustontown 17229, Fulton County, Thirtieth Senatorial District, for appointment as a member of the Huntingdon County Board of Assistance, to serve until December 31, 2005, and until her successor is appointed and qualified, vice Hazel B. Parks, Huntingdon, whose term expired.


MEMBER OF THE UNION COUNTY BOARD OF ASSISTANCE

November 13, 2003


In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Nicole Carter, 301 Chestnut Street, Apartment 1213, Harrisburg 17101, Dauphin County, Fifteenth Senato-rial District, for appointment as a member of the Union County Board of Assistance, to serve until December 31, 2005, and until her successor is appointed and qualified, vice W Earl Dieflfenderfer, Lewisburg, re-signed.

EDWARD G RENDELL Governor

CORRECTION TO NOMINATION REFERRED TO COMMITTEE

The PRESIDENT laid before the Senate the following com-munication in writing from His Excellency, the Governor of the Commonwealth, which was read as follows and referred to the Committee on Rules and Executive Nominations:

MEMBER OF THE FAYETTE COUNTY BOARD OF ASSISTANCE

October 30,2003


Please note the nomination dated October 10, 2003, for the ap-pointment of Anthony Pemo, (Democrat), 24 Johnson Avenue, Uniontown 15401, Fayette County, Thirty-second Senatorial District, for appointment as a member of the Fayette County Board of Assis-tance, to serve until December 31,2005, and until his successor is ap-pointed and qualified, add to complement, should be corrected to read:

Anthony Pema, (Democrat), 24 Johnson Avenue, Uniontown 15401, Fayette County, Thirty-second Senatorial District, for appoint-ment as a member of the Fayette County Board of Assistance, to serve until December 31,2005, and until his successor is appointed and quali-fied, add to complement.

HOUSE MESSAGES

HOUSE BILLS FOR CONCURRENCE

The Clerk of the House of Representatives presented to the Senate the following bills for concurrence, which were referred to the committees indicated:

November 3,2003

HB 951,952 and 1285 ~ Committee on Finance.

November 10.2003

HB 1785 ~ Committee on Local Government. HB 1927 and 1972 - Committee on Game and Fisheries.

BILLS INTRODUCED AND REFERRED

The PRESIDENT laid before the Senate the following Senate Bills numbered, entitled, and referred as follows, which were read by the Clerk:

November 3, 2003

Senators O'PAKE, CONTI, LOGAN, COSTA, MUSTO, BOSCOLA, WAGNER, SCHWARTZ, RAFFERTY, TARTAGLIONE, KITCHEN, STOUT, FUMO, WOZNIAK, MOWERY, GREENLEAF, WAUGH and C. WILLIAMS presented to the Chair SB 936, entitled:

An Act providing for the Pennsylvania Amber Alert System; authorizing and directing the Pennsylvania State Police to establish and maintain the Pennsylvania Amber Alert System; assessing costs; and providing for immunity and penalties.

Which was committed to the Committee on LAW AND JUSTICE, November 3,2003.

Senators CONTI, TOMLINSON, ERICKSON, RAFFERTY, WONDERLING, C. WILLIAMS, LOGAN, TARTAGLIONE, ORIE, KITCHEN, COSTA, BOSCOLA and GREENLEAF presented to the Chair SB 944, entitled:

An Act amending the act of June 11,1968 (PL.149, No.84), known as the Volunteer Firefighters' Relief Association Act, authorizing funds of volunteer firefighters' relief association in Second Class A counties to be spent on qualified retirement plans.

Which was committed to the Committee on FINANCE, November 3,2003.

Senators KUKOVICH, STACK, COSTA, EARLL, ERICKSON, LAVALLE, LOGAN, MELLOW, MOWERY, MUSTO, O'PAKE, PUNT, RAFFERTY, SCHWARTZ, TARTAGLIONE, WAGNER, C. WILLIAMS, WONDERLING, M. WHITE, BOSCOLA and KASUNIC presented to the Chan-SB 945, entitled:


An Act amending the act of May 17, 1921 (P.L.682, No.284), known as The Insurance Company Law of 1921, providing for prior approval for policy and rate changes.

Which was committed to the Committee on BANKING AND INSURANCE, November 3, 2003.

Senators C. WILLIAMS, KITCHEN, COSTA, MUSTO, WOZNIAK, RAFFERTY, STACK and BOSCOLA presented to the Chair SB 946, entitled:

An Act amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, providing for spilled cargo and for accident scene clearance; and further providing for removal of vehicles and spilled cargo from roadway.

Which was committed to the Committee on TRANSPORTATION, November 3, 2003.

Senators STOUT, KASUNIC, TARTAGLIONE, ORIE, COSTA, MUSTO, WAUGH, WONDERLING, D. WHITE, WAGNER, MELLOW, LAVALLE, KUKOVICH, MADIGAN, LOGAN and WOZNIAK presented to the Chair SB 948, entitled:

An Act amending the act of August 9, 1955 (P.L.323, No. 130), known as The County Code, providing for waste coal electric generation.

Which was committed to the Committee on ENVIRONMENTAL RESOURCES AND ENERGY, November 3, 2003.

Senators STACK, COSTA, STOUT, ORIE, MUSTO, TARTAGLIONE, RHOADES, BOSCOLA, SCHWARTZ, RAFFERTY, C. WILLIAMS, LOGAN, KITCHEN, M. WHITE and WOZNIAK presented to the Chair SB 949, entitled:

An Act limiting the fee of a consumer credit reporting agency.


Senators STACK, KUKOVICH, KITCHEN, COSTA, SCHWARTZ and C. WILLIAMS presented to the Chair SB 950, entitled:

An Act providing for short-term family leave in employment.

Which was committed to the Committee on LABOR AND INDUSTRY, November 3, 2003.

Senators C. WILLIAMS, STOUT, KITCHEN, TARTAGLIONE and STACK presented to the Chair SB 951, entitled:

An Act amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, further providing for persons not to possess, use, manufacture, control, sell or transfer firearms.

Which was committed to the Committee on JUDICIARY, November 3, 2003.

Senators WAGNER, KITCHEN, STOUT, COSTA, MUSTO, LOGAN, O'PAKE, LEMMOND, TARTAGLIONE, STACK,

BOSCOLA, GREENLEAF and WOZNIAK presented to the Chair SB 952, entitled:

An Act amending the act of March 20,2003 (PL. , No.lA), known as the General Appropriation Act of 2003, further providing for appropriations relating to the Department of Public Welfare.

Which was committed to the Committee on APPROPRIATIONS, November 3,2003.

Senators KASUNIC, SCARNATI, TARTAGLIONE, LOGAN, STOUT, KUKOVICH, BOSCOLA, RAFFERTY, MUSTO, COSTA and FERLO presented to the Chair SB 953, entitled:

An Act amending the act of June 28, 1935 (P.L.477, No.193), referred to as the Enforcement Officer Disability Benefits Law, extending benefits to certain employees of the Bureau of Forestry in the Department of Conservation and Natural Resources, waterways conservation officers of the Pennsylvania Fish and Boat Commission, wildlife conservation officers of the Pennsylvania Game Commission; and making an editorial change.


Senators ERICKSON, WAGNER, COSTA, EARLL, TARTAGLIONE, D. WHITE, ORIE, LEMMOND, MUSTO, RHOADES, WAUGH, PILEGGI, RAFFERTY, ARMSTRONG, C. WILLIAMS, TOMLINSON, ROBBINS, LOGAN, THOMPSON, M. WHITE, WONDERLING, SCHWARTZ, STACK, CORMAN, CONTI, GREENLEAF, KASUNIC and GORDNER presented to the Chair SB 954, entitled:

An Act amending Title 51 (Military Affairs) of the Pennsylvania Consolidated Statutes, providing for early termination of rental agreement.

Which was committed to the Committee on VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS, November 3,2003.

Senators WAGNER, HUGHES, STACK, KITCHEN, ORIE, STOUT, COSTA, MUSTO, A. WILLIAMS, O'PAKE, LOGAN, TARTAGLIONE, RAFFERTY, BOSCOLA, TOMLINSON, C. WILLIAMS, LAVALLE, DENT, SCHWARTZ, FERLO, WOZNIAK and PUNT presented to the Chair SB 955, entitled:

An Act amending the act of March 20, 2003, (PL. , No.lA), known as the General Appropriations Act of 2003, further providing for definitions and for appropriations relating to the executive offices and the Department of Public Welfare.

Which was committed to the Committee on APPROPRIATIONS, November 3,2003.

Senators TOMLINSON, CONTI, TARTAGLIONE, M. WHITE, LOGAN, ORIE, ERICKSON, KUKOVICH, D. WHITE, WAGNER, MADIGAN, DENT, A. WILLIAMS, RAFFERTY, MOWERY, BOSCOLA, PUNT, WAUGH, ROBBINS, WONDERLING, C. WILLIAMS, LAVALLE, RHOADES, GREENLEAF, STACK, KASUNIC, WOZNIAK and FERLO presented to the Chair SB 956, entitled:

An Act amending the act of March 20, 2003 (PL. , No.lA), known as the General Appropriation Act of 2003, further providing for


definitions, for appropriations relating to the executive offices and the Department of Public Welfare.

Which was committed to the Committee on APPROPRIATIONS, November 3, 2003.

November 10.2003

Senators STACK, KUKOVICH, TARTAGLIONE, BOSCOLA, O'PAKE, SCHWARTZ, MUSTO, LOGAN, COSTA, LAVALLE and KASUNIC presented to the Chan-SB 957, entitled:

An Act amending the act of December 5, 1936 (2nd Sp.Sess., 1937 RL.2897, No.l), known as the Unemployment Compensation Law, further providing for fines.


Senators STACK, KUKOVICH, RAFFERTY, COSTA and FERLO presented to the Chair SB 958, entitled:

An Act relating to the practice of psychoanalysis; providing for licensing of psychoanalysts; making certain acts illegal; and providing penalties.

Which was committed to the Committee on CONSUMER PROTECTION AND PROFESSIONAL LICENSURE, November 10, 2003.

November 12. 2003

Senators ROBBINS, LEMMOND, COSTA, EARLL, BOSCOLA, M. WHITE, WOZNIAK, WONDERLING, RHOADES and PILEGGI presented to the Chair SB 959, entitled:

An Act amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, further providing for information required upon commitment and subsequent disposition.

Which was committed to the Committee on JUDICIARY, November 12, 2003.

Senators SCHWARTZ, KUKOVICH, TARTAGLIONE, COSTA, STOUT, WAGNER, O'PAKE, BOSCOLA, RAFFERTY, STACK, LAVALLE, WOZNIAK, MUSTO, M. WHITE and C. WILLIAMS presented to the Chair SB 960, entitled:

An Act amending the act of May 17, 1921 (P.L.682, No.284), known as The Insurance Company Law of 1921, providing for automobile insurance claim information reports and public disclosure.


Senators CONTI, A. WILLIAMS, ERICKSON, THOMPSON, WENGER, GREENLEAF, BOSCOLA and PUNT presented to the Chair SB 961, entitled:

An Act amending Title 66 (Public Utilities) of the Pennsylvania Consolidated Statutes, further providing for residential telephone service rates based on duration or distance of call and for local exchange service increases and limitations; and adding and repealing provisions relating to alternative form of regulation of telecommunication services.

Which was committed to the Committee on CONSUMER PROTECTION AND PROFESSIONAL LICENSURE, November 12,2003.

November 17, 2003

Senators CONTI, LOGAN and WONDERLING presented to the Chair SB 965, entitled:

An Act amending the act of April 12, 1951 (P.L.90, No.21), known as the Liquor Code, further providing for definitions, for when sales may be made at Pennsylvania Liquor Stores, for sales by Pennsylvania Liquor Stores, for authority to issue liquor licenses to hotels, restaurants and clubs, for issuance of hotel, restaurant and club liquor licenses, for secondary service area, for malt and brewed beverages manufacturers', distributors' and importing distributors' licenses, for malt and brewed beverages retail licenses, for prohibitions against the grant of licenses, for renewal of licenses, for temporary provisions for licensees in armed service, unlawful acts relative to liquor, malt and brewed beverages and licensees, for prohibitions against the grant of licenses and for limited wineries.

Which was committed to the Committee on LAW AND JUSTICE, November 17,2003.

RESOLUTIONS INTRODUCED AND REFERRED

The PRESIDENT laid before the Senate the following Senate Resolutions numbered, entitled, and referred as follows, which were read by the Clerk:

November 3, 2003

Senators WAGNER, LOGAN, COSTA, KITCHEN, TARTAGLIONE and STACK presented to the Chair SR 170, entitled:

A Resolution urging the Congress of the United States to consider an amendment to the Constitution of the United States which gives 17-year-old citizens the right to vote.

Which was committed to the Committee on STATE GOVERNMENT, November 3, 2003.

Senators ERICKSON, BRIGHTBILL, EARLL, ORIE, COSTA, THOMPSON, RHOADES, WAUGH, PILEGGI, FUMO, MOWERY, RAFFERTY, WONDERLING, CORMAN and WOZNIAK presented to the Chair SR 171, entitled:

A Resolution directing the Legislative Budget and Finance Committee to conduct a study of certain issues relating to the civil service system in county government and the ability of counties to attract and employ a qualified work force to meet their business needs.

Which was committed to the Committee on LOCAL GOVERNMENT, November 3, 2003.

Senators O'PAKE, TARTAGLIONE, MELLOW, COSTA, BOSCOLA, WAGNER, KUKOVICH, FERLO, LOGAN, MUSTO, SCHWARTZ, HUGHES, KITCHEN, LAVALLE, STACK, WOZNIAK, STOUT, C. WILLIAMS, FUMO, KASUNIC, M. WHITE, WAUGH and RAFFERTY presented to the Chair SR 175, entitled:

A Resolution calling on the Centers for Medicare and Medicaid Services, the United States Department of Health and Human Services, President George W. Bush and members of the Congress of the United


States to take action to halt the proposed new rules until an independent study by the Institute of Medicine is funded and conducted in order to establish appropriate rules for qualifying inpatient rehabilitation facilities.

Which was committed to the Committee on PUBLIC HEALTH AND WELFARE, November 3, 2003.

November 17. 2003

Senators ROBBINS, JUBELIRER, BRIGHTBILL, PICCOLA, MELLOW, O'PAKE, WENGER, THOMPSON, M. WHITE, CONTI, WAGNER, MUSTO, DENT, PILEGGI, TARTAGLIONE, ERICKSON, D. WHITE, SCHWARTZ, ARMSTRONG, WAUGH, COSTA, LEMMOND, WONDERLING, STACK, MOWERY, MADIGAN, KITCHEN, TOMLINSON, CORMAN, LOGAN, EARLL, RHOADES, LAVALLE, PUNT, ORIE, FERLO, GREENLEAF, SCARNATI, WOZNIAK and RAFFERTY presented to the Chair SR 176, entitled:

A Resolution observing the week of November 23 through 29, 2003, as "National Family Week" in Pennsylvania.

Which was committed to the Committee on RULES AND EXECUTIVE NOMINATIONS, November 17, 2003.

GENERAL COMMUNICATIONS

2004-05 BUDGET REQUEST OF THE OFFICE OF SMALL BUSINESS ADVOCATE

The PRESIDENT laid before the Senate the following communication, which was read by the Clerk as follows:

OFFICE OF SMALL BUSINESS ADVOCATE Commonwealth of Pennsylvania Suite 1102, Commerce Building

300 North Second Street Harrisburg, Pennsylvania 17101

October 30, 2003

Hon. John M. Perzel Speaker of the House House of Representatives P. O. Box 2020 Harrisburg, PA 17120-2020

Hon. Edward G. Rendell Governor of Pennsylvania Room 225 Main Capitol Building Harrisburg, PA 17120

Hon. Robert C. Jubelirer President Pro Tempore Senate of Pennsylvania Room 292, Main Capitol Building Harrisburg, PA 17120

Dear Governor Rendell, Senator Jubelirer and Representative Perzel:

In accordance with the requirements of Section 6 of Act 181 of 1988, 73 PS. §391.41 et seq., and Section 610 of the Administrative Code of 1929, I am submitting the enclosed Budget Request of the Office of Small Business Advocate for Fiscal Year 2004-2005. Copies are also being delivered today to the Secretary of the Budget, the Secretary of Community and Economic Development and the Insurance Commissioner of Pennsylvania.

As explained in detail in the enclosed Budget Request, the total expenses that the Office estimates it will incur in fiscal year 2004-2005 for both its utility and insurance regulatory activities are $1,157,000.1

should also point out that none of the funds used to support the Office of Small Business Advocate come from the general funds of the Commonwealth. The utility regulatory activities on which we are engaged are funded by assessments on public utilities while the funds to support our work concerning workers' compensation insurance rates come from assessments on the insurance companies that issue such policies in Pennsylvania.

I have reviewed this submission with William Lloyd because he has been nominated and confirmed to become Small Business Advocate. However, since his anticipated start date is November 24, 2003,1 am signing this submission on behalf of OSBA.

Please let me know if you or members of your staffs have any questions or would like to met with me to discuss this Budget Request.

Sincerely yours,

CAROL F. PENNINGTON Acting Small Business Advocate

The PRESIDENT. This report will be filed in the Library.

AUDITED FINANCIAL STATEMENTS OF TEMPLE UNIVERSITY

The PRESIDENT laid before the Senate the following communication, which was read by the Clerk as follows:

TEMPLE UNIVERSITY Office of Financial Affairs

Philadelphia, Pennsylvania 19122

October 27, 2003

The Honorable Mark R. Corrigan Senate Secretary/Parliamentarian 462 Main Capitol Building Harrisburg, PA 17120

Dear Senator [sic] Corrigan:

In compliance with Act 34A of July 1, 2002, I submit to you herewith the consolidated audited financial statements of Temple University - Of The Commonwealth System of Higher Education for the fiscal year 2002-2003.

Sincerely,

FRANK ANNUNZIATO Associate Vice President and Controller

The PRESIDENT. This report will be filed in the Library.

APPOINTMENTS BY THE PRESIDENT P R O TEMPORE

The PRESIDENT. The Chair wishes to announce the President pro tempore has made the following appointments:

Honorable Alvin C. Bush as a member of the Independent Regulatory Review Commission.

Mr. Lewis F. Gould, Jr., Esquire, as a Commonwealth Trustee of Temple University.

LEGISLATIVE LEAVES

The PRESIDENT. The Chair recognizes the gentleman from Berks, Senator O'Pake.


Senator O'PAKE. Madam President, I request legislative leaves for Senator Stout and Senator Tartaglione, and a temporary Capitol leave for Senator Schwartz.

The PRESIDENT. Senator O'Pake requests legislative leaves for Senator Tartaglione and Senator Stout, and a temporary Capitol leave for Senator Schwartz. Without objection, the leaves will be granted.

LEAVES O F ABSENCE

Senator O'PAKE asked and obtained a leave of absence for Senator HUGHES, for today's Session, for personal reasons.

Senator PIPPY remains on military leave pursuant to Senate Rule XXI(3).

SENATE CONCURRENT RESOLUTION

WEEKLY ADJOURNMENT

Senator BRIGHTBILL offered the following resolution, which was read as follows:

In the Senate, November 17,2003

RESOLVED, (the House of Representatives concurring), That when the Senate adjourns this week, it reconvene on Monday, November 24, 2003, unless sooner recalled by the President Pro Tempore of the Senate; and be it further

RESOLVED, That when the House of Representatives adjourns this week, it reconvene on Monday, November 24, 2003, unless sooner recalled by the Speaker of the House of Representatives.

On the question, Will the Senate adopt the resolution?

The yeas and nays were required by Senator BRIGHTBILL and were as follows, viz:

YEA-47

Armstrong Boscola Brightbill Conti Gorman Costa Dent Earll Erickson Ferlo Fumo Greenleaf

Jubelirer Kasunic Kitchen Kukovich LaValle Lemmond Logan Madigan Mellow Mowery Musto OTake

Orie Piccola Pileggi Punt Rafferty Rhoades Robbins Scamati Schwartz Stack Stout Tartaglione

Thompson Tomlinson Wagner Waugh Wenger White, Donald White, Mary Jo Williams, Anthony H. Williams, Constance Wonderling Wozniak

NAY-0

A majority of the Senators having voted "aye," the question was determined in the affirmative.

Ordered, That the Secretary of the Senate present the same to the House of Representatives for concurrence.

SPECIAL ORDER O F BUSINESS GUEST O F SENATOR M I K E WAUGH ON BEHALF O F SENATOR J O H N R.

PIPPY PRESENTED T O THE SENATE

The PRESIDENT. The Chair recognizes the gentleman from York, Senator Waugh.

Senator WAUGH. Madam President, today, on behalf of Senator Pippy, who is serving in Iraq, I would like to make this introduction, and actually there is a connection.

Serving with us today as a guest Page is Kendra Zimmerman, and she and her family are from York County. She goes to the University of Pittsburgh, where she is majoring in political science and business, and she is a member of the University of Pittsburgh's prelaw society. Kendra plans to go to law school after graduation, and she is interning through the university in Senator Pippy's office in Moon Township. So please extend to our guest Page, Kendra Zimmerman, a hearty welcome today on behalf of the Senate of Pennsylvania.

(Applause.)

RECESS

The PRESIDENT. The Chair recognizes the gentleman from Lebanon, Senator Brightbill.

Senator BRIGHTBILL. Madam President, at this time I ask for a recess of the Senate for purposes of a meeting of the Committee on Appropriations, which will begin immediately in the Rules room, to be followed by a Republican caucus. My judgment is we will be back around 4 o'clock, and I would remind the Members that we are going to be honoring former Senator Helfrick, who retired, and that will occur after caucus.

The PRESIDENT. Senator Brightbill requests a recess of the Senate for purposes of a meeting of the Committee on Appropriations, to be followed by a Republican caucus, and then return to Session at 4 o'clock.

The Chair recognizes the gentleman from Berks, Senator O'Pake.

Senator O'PAKE. Madam President, I ask the Democratic Members to come to our caucus immediately.

The PRESIDENT. Senator O'Pake requests a Democratic caucus.

For those purposes, without objection, the Senate stands in recess.

AFTER RECESS

The PRESIDENT. The time of recess having expired, the Senate will come to order.

COMMUNICATIONS F R O M THE GOVERNOR

NOMINATIONS REFERRED TO COMMITTEE

The PRESIDENT laid before the Senate the following communications in writing from His Excellency, the Governor of the Commonwealth, which were read as follows and referred to the Committee on Rules and Executive Nominations:

MEMBER OF THE COUNCIL OF TRUSTEES OF KUTZTOWN UNIVERSITY OF PENNSYLVANIA THE STATE SYSTEM OF HIGHER EDUCATION

November 17, 2003



In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, David W. Jones, 127 4th Street, SE, Washington, DC 20003 for appointment as a member of the Council of Trustees of Kutztown University of Pennsylvania of the State System of Higher Education, to serve until the third Tuesday of January 2009, and until his successor is appointed and qualified, vice Joseph A. Deklinski, Wormleysburg, whose term expired.


MEMBER OF THE PENNSYLVANIA SECURITIES COMMISSION

November 17,2003


In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, The Honorable Thomas A. Michlovic, 515 Vemoa Street, North Braddock 15104, Allegheny County, Forty-fifth Senatorial District, for appointment as a member of the Pennsylvania Securities Commission, to serve until the third Tuesday of January 2007, and until his successor is appointed and qualified, vice John A. Maher, Esquire, Carlisle, whose term expired.


RECALL COMMUNICATIONS LAID ON THE TABLE

The PRESIDENT laid before the Senate the following communications in writing from His Excellency, the Governor of the Commonwealth, which were read as follows and laid on the table:

MEMBER OF THE COUNCIL OF TRUSTEES OF KUTZTOWN UNIVERSITY OF PENNSYLVANIA

OF THE STATE SYSTEM OF HIGHER EDUCATION

November 17, 2003


In accordance with the power and authority vested in me as Governor of the Commonwealth, I do hereby recall my nomination dated July 1, 2003, for the appointment of David W Jones, 127 4th Street, Southeast, Washington, DC 20003, as a member of the Council of Trustees of Kutztown University of Pennsylvania of the State System of Higher Education, to serve until the third Tuesday of January 2009, and until his successor is appointed and qualified, vice Joseph A. Deklinski, Wormleysburg, whose term expired.

I respectfully request the return to me of the official message of nomination on the premises.


MEMBER OF THE BOARD OF TRUSTEES OF THE PENNSYLVANIA STATE UNIVERSITY

November 17,2003


In accordance with the power and authority vested in me as Governor of the Commonwealth, I do hereby recall my nomination dated July 1, 2003, for the appointment of Ira Lupert, 220 West Rittenhouse Square, Apartment 21 A Philadelphia 19103, Philadelphia County, First Senatorial District, as a member of the Board of Trustees of the Pennsylvania State University, to serve until July 1, 2006, and until his successor is appointed and qualified, vice Alvin Clemens, St. David's, whose term expired.




November 17,2003


In accordance with the power and authority vested in me as Governor of the Commonwealth, I do hereby recall my nomination dated July 1, 2003, for the appointment of The Honorable Thomas A. Michlovic, 515 Vemoa Street, North Braddock 15104, Allegheny County, Forty-fifth Senatorial District, as a member of the Pennsylvania Securities Commission, to serve until the third Tuesday of January 2007, and until his successor is appointed and qualified, vice John A. Maher, Esquire, Carlisle, whose term expired.



COMMUNICATIONS F R O M THE GOVERNOR TAKEN F R O M THE TABLE

Senator BRIGHTBILL called from the table certain communications from His Excellency, the Governor of the Commonwealth, recalling the following nominations, which were read by the Clerk as follows:

MEMBER OF THE COUNCIL OF TRUSTEES OF KUTZTOWN UNIVERSITY OF PENNSYLVANIA

OF THE STATE SYSTEM OF HIGHER EDUCATION

November 17,2003


In accordance with the power and authority vested in me as Governor of the Commonwealth, I do hereby recall my nomination dated July 1, 2003, for the appointment of David W Jones, 127 4th Street, Southeast, Washington, DC 20003, as a member of the Council of Trustees of Kutztown University of Pennsylvania of the State System of Higher Education, to serve until the third Tuesday of January 2009, and until his successor is appointed and qualified, vice Joseph A. Deklinski, Wormleysburg, whose term expired.




MEMBER OF THE BOARD OF TRUSTEES OF THE PENNSYLVANIA STATE UNIVERSITY

November 17, 2003


In accordance with the power and authority vested in me as Governor of the Commonwealth, I do hereby recall my nomination dated July 1, 2003, for the appointment of Ira Lupert, 220 West Rittenhouse Square, Apartment 21 A, Philadelphia 19103, Philadelphia County, First Senatorial District, as a member of the Board of Trustees of the Pennsylvania State University, to serve until July 1, 2006, and until his successor is appointed and qualified, vice Alvin Clemens, St. David's, whose term expired.




November 17, 2003


In accordance with the power and authority vested in me as Governor of the Commonwealth, I do hereby recall my nomination dated July 1, 2003, for the appointment of The Honorable Thomas A. Michlovic, 515 Vemoa Street, North Braddock 15104, Allegheny County, Forty-fifth Senatorial District, as a member of the Pennsylvania Securities Commission, to serve until the third Tuesday of January 2007, and until his successor is appointed and qualified, vice John A. Maher, Esquire, Carlisle, whose term expired.



NOMINATIONS RETURNED TO THE GOVERNOR

Senator BRIGHTBILL. Madam President, I move that the nominations just read by the Clerk be returned to His Excellency, the Governor.

A voice vote having been taken, the question was determined in the affirmative.

The PRESIDENT. The nominations will be returned to the Governor.

EXECUTIVE NOMINATIONS

EXECUTIVE SESSION

Motion was made by Senator ROBBINS, That the Senate do now resolve itself into Executive Session

for the purpose of considering certain nominations made by the Governor.

Which was agreed to by voice vote.

NOMINATIONS TAKEN FROM THE TABLE

Senator ROBBINS. Madam President, I call from the table certain nominations and ask for their consideration.

The Clerk read the nominations as follows:


July 1,2003


In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Richard Gerber, Esquire, 5 Regency Circle, Penllyn 19422, Montgomery County, Twelfth Senatorial District, for reappointment as a member of the Pennsylvania Securities Commission, to serve until the third Tuesday of January 2007, and until his successor is appointed and qualified.



July 1,2003


In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Robert M. Lam, 1336 Red Rambler Road, Rydal 19046, Montgomery County, Fourth Senatorial District, for reappointment as a member of the Pennsylvania Securities Commission, to serve until the third Tuesday of January 2007, and until his successor is appointed and qualified.


On the question, Will the Senate advise and consent to the nominations?

The yeas and nays were required by Senator ROBBINS and were as follows, viz:

YEA-47

Armstrong Boscola Brightbill Conti Gorman Costa Dent Earll Erickson Ferlo Fumo Greenleaf

Jubelirer Kasunic Kitchen Kukovich LaValle Lemmond Logan Madigan Mellow Mowery Musto O'Pake

Orie Piccola Pileggi Punt Rafferty Rhoades Robbins Scamati Schwartz Stack Stout Tartaglione

Thompson Tomlinson Wagner Waugh Wenger White, Donald White, Mary Jo Williams, Anthony H. Williams, Constance Wonderling Wozniak

NAY-0

A constitutional majority of all the Senators having voted "aye," the question was determined in the affirmative.

Ordered, That the Governor be informed accordingly.


EXECUTIVE SESSION RISES

Senator ROBBINS. Madam President, I move that the Executive Session do now rise.

The motion was agreed to by voice vote.

LEGISLATIVE LEAVE CANCELLED

The PRESIDENT. Senator Schwartz is on the floor, and her temporary Capitol leave is cancelled.

SPECIAL ORDER O F BUSINESS FAREWELL TRIBUTE T O SENATOR

EDWARD W. H E L F R I C K


Senator BRIGHTBILL. Madam President, I rise to offer a resolution recognizing the contributions made by Senator Edward W. Helfrick during a long and distinguished career in the General Assembly and wishing him well in his retirement.

The PRESIDENT. The Clerk will read the resolution.

SENATE RESOLUTION ADOPTED

Senators BRIGHTBILL, MELLOW and JUBELIRER, by unanimous consent, offered Senate Resolution No. 177, entitled:

Recognizing the contributions made by Senator Edward W. Helfrick during a long and distinguished career in the General Assembly and wishing him well on his retirement.

WHEREAS, Senator Edward W. Helfrick retired on August 22, 2003, after more than 26 years of service in the General Assembly; and

WHEREAS, Edward W. Helfrick, a native of the coal region of Pennsylvania, was a paratrooper with the 11th Airborne Division of the United States Army from 1945 through 1946 and served in the Pacific Theatre; and

WHEREAS, After his honorable discharge from the Army following the end of World War II, Edward W. Helfrick partnered with a friend to begin what would become a remarkably successful career as an entrepreneur and businessman; and

WHEREAS, In 1976, Edward W Helfrick was approached by community leaders in Northumberland County to seek election to the House of Representatives of the Commonwealth; and

WHEREAS, Edward W. Helfrick was elected to the Pennsylvania House of Representatives in 1976 and again in 1978 to represent the 107th District; and

WHEREAS, In 1980, Edward W. Helfrick was elected to the first of what would become six terms in the Senate of Pennsylvania representing the people of the 27th Senatorial District; and

WHEREAS, No Senator has represented the 27th Senatorial District longer in more than a century; and

WHEREAS, Upon being administered the oath of office as Senator in 1981, Senator Helfrick was named to chair the Committee on Agriculture and Rural Affairs and there served as the Senate's "eyes and ears" on agricultural matters for 12 years; and

WHEREAS, In 1994, as one of the Senate's leading sportsmen, Senator Helfrick assumed the chairmanship of the Committee on Game and Fisheries, which position he held until his retirement; and

WHEREAS, Senator Helfrick served on numerous committees, enjoying long tenure with the Banking and Insurance Committee, the Finance Committee, the Environmental Resources and Energy Committee and the Judiciary Committee; and

WHEREAS, Over the course of his solid career of service in the Senate, Senator Helfrick authored and advocated many pieces of legislation, including the Safe Haven Act of 2002, the Fetal Homicide Act of 1997 and the Rabies Prevention and Control Act of 1986 and

numerous laws to provide for wildlife and aquatic habitat improvement, to provide more public hunting and fishing opportunities and to assist the agricultural community in this Commonwealth; and

WHEREAS, Senator Helfrick has been the Senate's most outspoken foe of the death penalty and most ardent advocate for the unborn; and

WHEREAS, Ever steadfast, even resolute, in his beliefs, Senator Helfrick is always the gentleman, courteous to all and unpretentious in demeanor; and

WHEREAS, Widely respected in the Senate and elsewhere for his commitment and passion in the pursuit of deeply held ideals, Senator Helfrick exemplified unassuming, no-nonsense leadership while serving as the quintessential citizen-legislator; therefore be it

RESOLVED, That the Senate commend Senator Edward W Helfrick for his outstanding service, both as a Senator and throughout a life filled with achievement; and be it further

RESOLVED, That the Senate extend best wishes to Senator Edward W. Helfrick for an enjoyable retirement in the company of his lovely wife. Rose, five successful children and four wonderful grandchildren; and be it further

RESOLVED, That a copy of this resolution be transmitted to Senator Edward W. Helfrick with gratitude and with respect.

On the question, Will the Senate adopt the resolution?

The PRESIDENT. The Chair recognizes the gentleman from Blair, Senator Jubelirer.

The PRESIDENT pro tempore. Madam President, in the midst of all the issues and responsibilities and challenges we face, it is really not easy to find the time to reflect on the service and contributions of those who serve in this Chamber. Today we honor one of our recently retired veterans, Ed Helfrick, who may never have taken orders from us, but who did follow his doctor's orders this summer.

As we know, Ed was not a limelight kind of guy. I am sure he never pushed to get in front of a TV camera, and he was no regular in Petitions and Remonstrances. But in looking at a record of 23 years of solid, dependable, and honest service in the Senate, we were determined to shine the spotlight on him and to publicly honor his contributions and his commitment. You see, Ed is part of what we today call the greatest generation. He served our nation in the military at a time of peril. He built a business, married a great lady, his wife, Rose, raised a family, and played a key role in the life of his community. Whenever I was in his district, I was always impressed by the affection that people had for him. He was Eddie, the friend, the neighbor who understood their perspectives, who had probably quietly helped them at some time, who did whatever was needed for families and communities. He enjoyed the kind of varied and broad support that comes only from a lifetime of good work and good deeds. No one, no one could question whether he was truly representative of the district. His manner, his views, his priorities were always extremely consistent with coal region values and virtues. His true wealth is not reflected as a checkbook balance or a stock portfolio, for he is a man rich in character, rich in principles, and rich in his commitment to helping people.

Ed Helfrick did not need to be in public service or to hold elective office, but given our interest in quality decisionmaking and integrity in State government, Pennsylvania very much needs the Ed Helfricks who are willing to serve. He was not anywhere near the popular conception of what politicians are like, but the way he approached the job was always a good reminder that


doing what is right is, in the end, the very best in politics. For those from time to time who became convinced that they could persuade or cajole Ed into changing his views, oh boy, were they wrong, and they were notoriously unsuccessful. When it came to matters of his core beliefs or issues where his word had been given, there was no negotiating, there was no horse trading, there was no setting aside standards, no consideration of political convenience. It just was not in his vocabulary. Given his commitment to precepts of justice and responsibility, Ed was a compassionate conservative long before anyone thought of such a phrase. His bottom line was protection of rights.

It is impossible to catalog all his interests and issues, but any picture of Ed would be incomplete without mentioning Ed Helfrick the sportsman. His hunting and fishing pursuits are part of the lore, as are his years of advocacy for Pennsylvania agriculture and his work toward property tax relief.

Ed, thank you for your friendship, for your advice, and for your support over these many years. I am sure this is but the beginning of what Members of the Senate will want to add to the record, but there is first another piece of business. As we have done on a few occasions, we are not letting speeches alone capture your service or convey our respect and, yes, our deep affection for you. We have a special video stroll through a memorable life in a Senate career. Well done, old friend. Let us take a look at the video.

(Whereupon, a video tribute of the career of Senator Edward W. Helfrick was presented.)

(Applause.) The PRESIDENT. The Chair recognizes the gentleman from

Lackawanna, Senator Mellow. Senator MELLOW. Madam President, it is very hard to

follow that beautiful video presentation that was made about Senator Helfrick, and the kind words that preceded that by Senator Jubelirer. I personally have a special feeling in my heart for Senator Helfrick, and the video started by talking about integrity, honesty, and conviction. I think there are two other words that have to be added to that particular part of the video, and that has to be character and leadership, and maybe even a third word, compassion. Ed Helfrick is an individual who has demonstrated here on the floor of the Senate on a daily basis when we are in Session by acting the part of a person filled with all of those things, filled with integrity, filled with honesty, filled with conviction, a man of high moral character, and a very compassionate individual.

I think the greatest thing I can say about Ed Helfrick and the way he has left an everlasting feeling in my heart, first, I truly like the man and truly honor him as an individual, as a professional, and as a family man. But I can recall, Ed would walk from his seat in the back, and I could see him look at me and I knew he wanted to come over and say something to me, and he would walk down and we would have a little bit of a discussion, and one time he asked me, how is Jimmy doing? He was our mutual friend from back home, and I would say, he is doing pretty well. And then I can recall the day he came to me a number of years ago, when we went through a very sad situation in the Senate with the passing away of Senator Francis Lynch. Those of you who were Members of the Senate at the time recall that Senator Lynch wanted to come to Harrisburg to cast a vote,

even though he was extremely ill, and unfortunately, 2 days after he did cast that vote, he passed away, and Senator Helfrick came to me and said, you did not have to bring Senator Lynch up from Philadelphia to cast that vote. If you needed somebody, if you had talked to me, I would have only been too happy as a Member of the Senate-not worrying about being a Republican-I would have only been too happy to cast that vote for him. That, to me, is truly emblematic of the type of person Ed Helfrick is.

But the one particular incident and particular episode that will stay with me forever is the day he came on the Senate floor, knowing full well of my work with St. Joe's Hospital, and in a private discussion, asked me to tell him about St. Joe's Hospital in Scranton. St. Joe's Hospital is a children and maternity hospital, and it basically takes care of children who are bom to unwed mothers and children who are bom severely disabled, and if any of you ever have the opportunity to go through St. Joseph's Hospital, which is part of the Scranton Diocese, you would see the tremendous work they do there and it would stay with you forever. So when Senator Helfrick asked me about the facility, I explained to him exactly what it was and what a great job they did, and he left. I got a letter a few weeks later from St. Joe's hospital telling me about the tremendous work of Senator Helfrick and the fact that he contributed, and I do not want to embarrass him, but I think it is important that everybody know that he contributed his gross salary that year to St. Joseph's Hospital in Scranton, and he did that because of his total commitment to the unborn, the pro-life movement, his total commitment to the church that he loved, the Catholic Church, and I think his total commitment to try to help children who were disabled and disadvantaged and less fortunate than children we may have or less fortunate than we are.

So there are a lot of things that will stay in my heart and a lot of fond memories I will have of Ed Helfrick, but the fondest memory I have is the fact that he is a very honest, very compassionate, and endearing individual. And I am sure he is sitting over there probably saying, do not say too much about me, because he is a very humble individual and a man about whom you really do not have to say a great deal, and he is probably a little uncomfortable sitting in his chair over there with his lovely wife, Rose, and I want to remember Ed Helfrick in that way.

First of all, I hope that he has many, many more years of health and happiness with his family, his lovely wife, children, and grandchildren, but I think Ed Helfrick, in my mind, will always be known not as Ed Helfrick the State Representative, and not Ed Helfrick the Member of the State Senate, and not Ed Helfrick the veteran of the Second World War or the man who has distinguished himself with an outstanding business career, but it will be Ed Helfrick the husband, Ed Helfrick the father, and Ed Helfrick the grandfather, because I think taking all titles and separating everything, there is nothing more important than his commitment to his family and the love of his family, his wife, his children, and his grandchildren.

Placed on everyone's desk today is something that I am going to take back to my home, and I think it bears reading on the floor of this Senate today. It says, "Having one friend makes our life worthwhile. Being a true friend makes one other person's life worthwhile. Having God for a friend makes everyone's life


worthwhile." Ed Helfrick, having you for a friend has emiched our lives, and it really makes our lives worthwhile.

To you and your lovely family, thank you, congratulations, and God bless you and thank you for being a colleague. Mrs. Helfrick, thank you for sharing your husband with us for so many years, because I know it was not easy with many of the things you had at home, but he is truly an outstanding man and in this particular body, you cannot replace Ed Helfrick, you can only succeed Ed Helfrick. So, thank you very much, and, Ed, God bless you.


Senator BRIGHTBILL. Madam President, I will be brief. I was quoted in the video, but the one thing I want to mention is that Ed Helfrick's retirement marks the last of the greatest generation who have served here in the Pennsylvania Senate, and those of us who were bom during World War II and of course grew up in the late 1940s and 1950s had great respect for all of those who fought in that conflict. As I got to know Ed Helfrick, I learned different things about him. One of the first things I learned when I came here was not only was he principled, but the fact that he was very dedicated, and I quickly learned that when Ed Helfrick had a belief, Ed Helfrick had a belief, and he was confident in his own value system, which he should have been, and therefore was always very principled in his behavior and in the support of his beliefs.

As I got to know Ed better, though, I learned some things about him that I really should have suspected but did not know, and I mentioned it in the tape, that Ed was a risk-taker and the kind of risk-taker who brings about change and improvement to America. Most times you think risk-takers are people who are able to start with nothing and build a business, and very frankly, that is the way America has grown. In Ed's case, he started with pieces of a truck, and he and his partner got together and built a truck and built a business, and we saw on the tape some of the work that they are doing and the value of that work. As he progressed and built the business, it is clear to me that he had to take many risks, and I am sure many times he was concerned about the things that he was doing, not from any point of view other than the fact that when you are in business, there is a chance and a risk, and you need to do that to move ahead.

One of the things that Ed told me was that he was a paratrooper. There was a general in his area, and I forget the man's name who was a paratrooper, and Ed wanted to follow in his footsteps, and I believe, if my recollection is correct, that he made a jump in Japan, this was post-war, but in serving with the paratroopers, he was there ready to defend America.

One of the more interesting aspects of Ed's life and one that has not been touched on is the fact that at some point he and his partner bought and owned a gold mine, I think, for about a year, and I cannot see Ed from where I am speaking, I may be exaggerating this story, but as I understand it, they would mine gold all week, and at the end of the week, Ed would load it on a boat, put on his .357 Magnum pistol, his shotgun, and take the gold down the river, kind of like Indiana Jones, and deliver it. I am not sure, and I cannot remember if Rose was at home or with him that year. Rose, were you with him that year or were you at home?

Mrs. HELFRICK. Yes, I was there. Not on the boat, but I was there.

Senator BRIGHTBILL. She was there. Well, let me tell you, Rose, you know, Ed is getting too much adulation today, and you are not getting enough.

Mrs. HELFRICK. That is right. Senator BRIGHTBILL. Where were you? In Honduras? Senator HELFRICK. French Guyana. Senator BRIGHTBILL. Okay, French Guyana. The point is

that while Ed went off and had all the fim of starting a business and running a business and taking gold out of a gold mine and taking the gold down the river, what was Rose doing? She was having and raising five children. And, of course, then Ed goes off and gets into politics, and as I understand that story, he agreed to run for one term to help out the local Republican committee because they needed a candidate for the House, and he said-if my recollection is wrong here, Ed, correct me, but my recollection is that you told them that you would do it for one term and that was it, and then they would have to find somebody else. Well, it took them a while, but they finally found somebody else. The important thing is, Rose is putting up with all this.

Now, I can tell you, having been a houseguest of Ed and Rose, she makes the best fish. My little boy, we call him Tian, his name is Christian, always comments on the good fish, and whenever my wife makes fish, of course it is not fresh caught either, but she always tries to pawn it off on Christian saying that this is just like Mrs. Helfrick made. He can tell the difference.

You know, in the final analysis as you go through this life, there is really not much that you can depend on, but one of the things that is of great value, and it may be the only thing that is of real value, is your family, and your children in particular. It was commented on again that Ed had five children, and I believe his son is now running the business, and from what I have learned about people, there is actually no greater thrill for someone who starts with nothing, builds a business and creates a business, and then has the good fortune to see his son or daughter pick up the mantle of that business and succeed with that business. I have seen that happen in my hometown, I know it has happened all across America, and again, this is part of what makes America great.

So do we have an example here of the greatest generation? Absolutely, positively. Ed Helfrick, are we going to miss you? Absolutely, positively, and I can tell you, there are certain issues that are going to come up when we are going to think about you, Ed Helfrick.

Last night I picked up the front page of the paper, and what do I see there but a story about a man who was discharged from prison because of the DNA test that cleared him, and when I looked at that story, what did I think about? I thought about Ed Helfrick and the issues that he has raised regarding life. So we will miss you, Ed. You will be gone, but you certainly will not be forgotten.

The PRESIDENT. Yes, we will miss you. I just wanted to add one more word to that, Senator Helfrick. I think I probably traveled your area more than any other candidate in this room. I think I know your area better and spent more time there, but I am also so excited to see that Senator Tim Shaffer is here in tribute to you, because whether you realize it or not, you were his


mentor. As State Treasurer, Senator Tim Shaffer and I chaired the bipartisan commission on public pension fund investments, and I want to tell you, you were watching over us through all of that. So I thank you for all of the good work that you have done for us.

Thank you very much. The PRESIDENT. The Chair recognizes the gentleman from

Fayette, Senator Kasunic. Senator KASUNIC. Madam President, I stand here today to

wish a very dear friend of mine lots of luck and health and happiness. I had the opportunity and the pleasure to serve as the Democratic chairman of the Committee on Game and Fisheries for 8 years, and I had the honor and distinction of serving with a man whom I will call a dear friend, and a friendship developed that I will cherish forever. I do not believe in my career, or perhaps in my lifetime, that I have ever met a more compassionate, more caring, or kinder person than Senator Ed Helfrick. He worked in a bipartisan manner, willing to work with you, and took more pride in giving and working with you and helping others than he took in receiving in his own accomplishments, and I think that says a lot about the character of the gentleman whom we are honoring here today.

As I said, I will always value and cherish our friendship, and I wish you and your lovely wife, Rose, many years of health and happiness, and I hope that we get the opportunity to visit with you and see you again many times in the future. So, Senator Helfrick, thank you so much for your advice and your help, and thank you for your friendship. Good luck.

The PRESIDENT. The Chair recognizes the gentlewoman from Philadelphia, Senator Kitchen.

Senator KITCHEN. Madam President, I have to stand and say a few words about a very special relationship that developed here in the Senate. In fact, one of the weekly newspapers did a story on my relationship with Senator Helfrick and how we worked together, and they termed us strange bedfellows. Several people read it and several people saw it on the Internet, and folks could not understand how a wealthy man, though he came from meager beginnings and worked himself up to be a wealthy man, and a woman like me-in fact, I worked myself up, but unfortunately, I am not a millionaire yet-representing an urban area, could become close and see eye-to-eye on many issues, but the fact is, we did. We saw a lot, felt a lot of the same ways about issues affecting poor people in Pennsylvania, and I will never forget the support that he lent to me on some of the issues which were very, very detrimental to my district.

I also just want to thank him for being the compassionate person that he is. Last year, some children in my district had the chance to go to Knoebel's Park, and if the people here want to have a real treat, they should visit, but thanks to Senator Helfrick, I had a much-needed day off along with the children, and they were very excited. I had to tell them the story of Senator Helfrick and why he did things like this, because they could not quite understand it either.

So, he is quite a man, a man whom you will meet just once in your lifetime. I am glad that I met him, and I truly, truly will miss him and I miss him now, and it just dawned on me that he will not be back.

Thank you.

The PRESIDENT. The Chair recognizes the gentleman from Lancaster, Senator Armstrong.

Senator ARMSTRONG. Madam President, it is nice to see my good friend again, Ed. He and I came here together in 1977.1 think there are six of us in this room who were in the same class in the House, and we were over there stuck in the basement, and I think we shared a secretary. Between six Representatives, I think we had one long-distance phone that we could dial out. That is the way to keep government down, I will tell you, revert back to maybe one phone for six of us. We sat beside each other in the Senate and we sat beside each other in caucus, and we developed a very close relationship.

As we all know, he is extremely successful. He did it the hard way: he earned every penny. He started with nothing and built quite an empire. He never mentioned about his banking. In my district, there is a multibillion dollar bank, and Ed is the largest single shareholder of that bank. But as Senator Mellow was saying, he said some words - honor, integrity, character, compassion. I had the same words written down in my little notes here about Ed, because that is what you think about when you think of Ed Helfrick. He is a man whose word is his bond. He is not a showboat, he is not a grandstander, and he is not a flashy dresser either.

(Laughter.) I remember one time he had shoes on that looked like he just

came out of a mine. They were kind of dirty, and we were talking and someone said they thought he bought his shoes at K-mart, and Senator Kukovich said, he owns K-mart.

(Laughter.) One time I invited him down to my district to meet the

Governor, at that time Governor Thomburgh, who was coming to my district, and I said, Ed, come on down, we will get the Governor and go for a hot air balloon ride. He said, that is a great idea, I will be down. So, sure enough, he came down. He flew down in his chopper and landed in my backyard. So my three sons and I got on the chopper and went down to the golf course where the Governor was and there was a ceremony down there. After it was all over, we wanted to get Governor Thomburgh and Ed and myself up in this hot air balloon, but the Governor would have no parts of it. He would not go 10 feet off the ground, but Ed and I did that and had a really nice hot air balloon ride and landed on an Amish farm. After about an hour flight, we threw a rope down and these Amishmen pulled us down, and one was Gid Fisher. Every time I see him to this day, he always reminds me of this, but it was Gid Fisher and his 10 boys. He had 10 boys, and the oldest boy was 11. Afterwards, we went in and had homemade root beer and homemade ice cream. He invited us into his house, and it really developed into quite a unique relationship with Gid, because I know when Secretary Yerusalim came down and wanted to show the dangers of the Amish on the highway, and because of that relationship, starting then he got into politics. After we were leaving there, Ed took some money out and secretly gave it to the Amish kids, and they thought it was Christmas. They were yelling and screaming. I asked what was going on. He did not say, but he had slipped them some money, and they were really happy about that. Then we took the chopper back to my farm and landed. To this day, my neighbors think I take a chopper back and forth to Harrisburg.


(Laughter.) One thing did gripe me a while back. They were talking about

perks here in Harrisburg, and one of the things they singled out is that, of all people, Ed Helfrick drives a Mercedes. Well, he drives a Mercedes because he can afford it, and that is the one he has back home. What they did not say in the article was that he gives his salary away to charity every year. That was not in the article at all. So it is amazing that they would just talk about one side of him.

He is a very passionate person. He is passionate about life, living life, and protecting life , whether it is the unborn or those on death row, and do not stand in his way, because he means business. He is extremely proud of his children. He talked about his children all the time, and I get them confused, but one daughter was a pilot who flew jumbo jets and trained on, I think, L-l Oil's or one of those giant planes, and taught pilots here in the United States to fly the L-1011. Another daughter was involved in mergers and acquisitions, and his son was involved in business, but he was extremely proud of his children and would talk about them all the time.

To Ed and Rose, I wish the very best. Rose, thanks for sharing him with us all these years. He has been a tremendous addition to this Senate, and we are going to miss him and we love him.

The PRESIDENT. The Chair recognizes the gentleman from Westmoreland, Senator Kukovich.

Senator KUKOVICH. Madam President, I have been moved by some of the words of my colleagues, and I share some of the issues that Shirley Kitchen referred to about Senator Helfrick. I am very grateful that I have not been referred to in the press as a strange bedfellow with Senator Helfrick. But a lot of Members are unaware of what a mentor he has been, I think, to many people here. Senator Kasunic would probably not know how to hunt or fish if it were not for Senator Helfrick, and I know for certain that Senator Armstrong would not know how to invest if it were not for Senator Helfrick. But the terms that have been used about his decency and his honesty cannot be overstated. Over the last 25 years or so, when politics seems to have become more strident and more partisan, he has been a hallmark of bipartisanship and civihty. As much as it pains me to see a young person with so much potential move on and leave this place, I think he is one of the few people, I can probably count them on one hand, who have a certain power that is rare, here in particular. When most people think of power and political power, they think of it in maybe a more raw or more crude form. I think religious leaders and theologians might define his power in a spiritual way. I do not know if I can speak to that, but I do know he is one of those rare people who has the power of moral persuasion because of who he is and how he has lived his life.

This institution is diminished by your leaving. I will miss you, and I truly feel that I am a better person for knowing you, and I hope you and Rose have a wonderful time in your retirement.

Thank you. The PRESIDENT. The Chair recognizes the gentleman from

Schuylkill, Senator Rhoades. Senator RHOADES. Madam President, it is kind of hard

because back in 1980 it was Senator Shaffer, Senator Fisher, Senator Helfrick, myself, and a fellow by the name of Senator Street, we all came in that class, and right now I am the only one

left. That is scary. But during those 23 years, I sat next to Ed. I sat in 43 and he sat in 44, and so I can say that for 23 years we have been colleagues, but I think a bigger thing is we have been friends, and it has been a good friendship. One of the things I admire about Ed, and it has been said many times this evening and it continues, one thing I learned very early on, when Ed had a defined position, it was defined. If it was pro-life, it was pro-life, and he argued that point. Wherever he was, he was there. He was strong in his convictions and he held firm to his values, and he would argue those values. He is truly a man of principle. I remember when a gambling issue came up. I guess it was about slot machines, but whatever it was, Ed locked in and that was it, there was no sense talking to him. Do not even bother, you knew where he was and he defended that position and he went there. And that is what I admired about him, his knowing what he said was where it was and you could take it to the bank.

You have all acknowledged his coal region background. One of the things is, I kind of knew about Ed before we got here, though, because when he was in the House he represented the western end of Schuylkill County - Hubley, Hegins, Upper Mahantango Township, that whole area there - and they were sorry to see him go when he did leave, because he knew all those areas. As a matter of fact, in the beginning when I had fundraisers, he and his wife would come to the fundraisers, and he knew more people there than I did, and part of that was all due to the fact that he may have represented the 27th Senatorial District, but he was really bom in the 29th Senatorial District. He was bom in Pottsville. So whenever he came back, he knew everyone in Pottsville, plus everyone in the coal industry, plus everyone he represented in the western end.

Tmly, too, and I have to say this, I guess what I like about Ed, and we have all said this, is that he had a great love for his family, for his wife, and for all of his children, because when we got into a conversation, he talked about his family, you could feel it coming out. That was more important to him than anything he did, including the Senate here, and that tells you more about the man than anything else. So if you look for a man who is pro-life, pro-family, and I will say pro-gun, because there is another thing he likes to do, and that is hunt. I think if he had the choice, he would probably spend more time in the bush chasing animals and fishing than doing anything else. Another thing, if you wanted to talk about flying, he could do that. If you wanted to talk about boating, he could do that for you. The man is very multidimensional, but the thing of that is, with all the things he has accomplished, with all the things he has done, he is a very unassuming man and a very loving man whose heart is as big as he is. He is as friendly as that, as understanding as that, and he is as good as that.

Ed, I wish you well. I am not going to say in your retirement, but in your new life, whatever you decide to do. It has been a pleasure sitting next to you, and it has been a pleasure being your friend for 23 years. Good luck and God bless.

The PRESIDENT. The Chair recognizes the gentleman from Mercer, Senator Robbins.

Senator ROBBINS. Madam President, briefly, Ed and Rose, when I first came to the Senate, one of the things I found about Ed, first, I do not want to get personal, but you do look like one


of those kinder, gentler souls and a little fuzzy teddy bear, but the truth is, when I found out that Ed had served with the 11th Airborne Division, those of you who do not understand, at the time few did that and fewer still survived, and that truly separated the men from the boys. It truly made a difference, and if not, somebody go back and get an old T-5 parachute and jump out of a C-46, and what I knew instantly is what all of you said tonight, that I never had to question something that Ed would say. When he said it, he meant it, and that is the way it was going to be, because those men who served in those great airborne units of the greatest generation were the ones who were truly unique, they were made of steel, and they would, when they made up their minds, they would fight to the bitter end. I knew that about Ed right from the beginning, and I think the one thing that has not been said today that I wanted to say, having been involved with veterans issues while I have been in the legislature, and the veterans of Pennsylvania need to know this, the greatest generation and Ed Helfrick, in particular, whenever there has been a major issue, even though he was mainly involved in the Committee on Agriculture and the Committee on Game and Fisheries, Ed Helfrick was always there to take care of the Pennsylvania veterans, the past and the present who are serving, and, Ed, we thank you for that and a job well done to a great gentleman, if I could say the last time, airborne.

The PRESIDENT. The Chair recognizes the gentleman from Bradford, Senator Madigan.

Senator MADIGAN. Madam President, I would be remiss if I did not make a few remarks about my good friend. I am one of the six who are still in the Senate who came in in 1977 into the House of Representatives. That is when I first got to know Ed. When he moved on to the Senate, then I did also a little bit later. We shared Senate districts which were adjacent, and I came to respect Ed. I am not sure when we first started rooming at the same house, we went through several houses as we progressed through the legislature, but I found a true friend. I served on the Committee on Agriculture and the Committee on Game and Fisheries with Ed, and I had the privilege of hunting and fishing with him a number of times, but most of all, he was a true friend. I agree with everything that has been said here about Ed Helfrick and his beautiful wife, Rose. We shared Union County at one time and we would go to most of the events, and I know my wife, Peg, always looked forward to sharing with Ed and Rose at those events. But those are the things that memories are made of. It is truly an honor to be here today and honor Ed Helfrick for all that he has done for the Senate of Pennsylvania, for the Commonwealth of Pennsylvania, and for me, a true friend.

Thanks and God bless you, and enjoy your retirement. The PRESIDENT. The Chair recognizes the gentleman from

Cumberland, Senator Mowery. Senator MOWERY Madam President, this will be a short

story. I was also one of the six from 1977, and of course, I had known Ed for all those years. I guess I was the last one of the class to make it over here to the Senate, though, but I am certainly honored to be here. I have a little story I thought I would share, because Ed and a Representative by the name of Ben Wilson did a lot of flying together, and the story goes that they had an old car that they left over at the Harrisburg airport where they flew out of so it was transportation back and forth for

them. One night they were coming back from a plane flight, and it was kind of an ugly night out and the old car turned into the Cadillac dealership over here in Harrisburg because Ed was thinking about getting a new car. As the story goes, they pulled up in front and the salesman did not bother much with them because he looked at the car and thought, wow, I do not have to waste a whole lot of time with them. So Ed and Ben went in and they looked at the car, but the salesman paid no attention to them, so it closed at 9 o'clock and of course they left. The next morning Ed said, well, I think I will go back and look at those Cadillacs. He walked into the showroom and saw the one that he liked and said, I will take that one. So they asked, how do you want to finance it, and so forth? Now, Ed was dressed a little more appropriate during the day than he was the night before, and the salesman who was there that night was not available that morning, so Ed said, I will take the Cadillac, and asked how much it was. They gave him a price and he said, just a minute, I will write you a check. In his very humble way, he wrote out a check for the new Cadillac and handed it to the salesman. He said, there is only one thing, sir. I was here last night, and I want you to tell the salesman who was here and ignored me last night that I just was in this morning and bought the Cadillac and paid for it in total.

(Laughter.) Ed was always a great guy. I just want to say, Ed, everything

good that has been said about you, I concur with all those good things. We are going to miss you, but I know that you have a lot of other things going, and a little bird told me that you are already on to a big plot of ground and you are going to start another coal mine.

God bless you and good luck. The PRESIDENT. The Chair recognizes the gentleman from

Lancaster, Senator Wenger. Senator W^ENGER. Madam President, I really was not going

to get up and make remarks because of the fine comments that were made by all my colleagues, but I had to, Ed. I am also one who came in 1977, along with-well, that was quite a class, was it not? It was quite a class. Most of us ended up in the Senate, and quite a few of us are still here. Ed, you are the smart one, you decided to retire and go on to bigger and better things.

Most of the time Ed is a quiet, unassuming person, and he is the kind of a person who has had a varied career, and that is not unusual. A lot of people have a lot of jobs, but Ed was different, he was successful in all those career paths that he took. He was a farmer, and he would tell me about his farm and, of course, I have a farm. He chaired the Committee on Agriculture and I was a Member of that committee. He was a miner, he was a business person, a very successful business person, and he was a poUtician in the finest sense of the word. It makes me very proud, and in fact, it makes me angry when people speak disparagingly about politicians, because I have known so many people who have served in public office who are politicians who have been such fine people, and Ed Helfrick is the finest of all. He never wanted anything for himself. He devoted his life to helping others, he was faithful to his church, to his family, and contributed much to those who were less fortunate than he was. He is the kind of a person whom we need to emulate, because we have seen the kind of life he has lived.


So now, Ed, you are no longer in the Senate with us, but we will always think of you as Senator Ed. It will always be like that. You are respected today because you respected others. You have earned the respect that we pay you, and you have earned a happy and successful retirement, and I wish you the very best.

The PRESIDENT. The Chair recognizes the gentleman from Montgomery, Senator Greenleaf.

Senator GREENLEAF. Madam President, well, I am the last of the six. I was not going to speak, but I am. I have known Ed, obviously, ever since those days in the House, when we shared one staff person, and it was pretty crowded there and we got to know each other very well. I think I was the first one to come over to the Senate and Hal was the last to come over, and Ed is the first to retire. But he is really a role model and he decides the issues on moral principles, as everyone has said here. I am not going to repeat that again, but obviously, the debate that we had on the death penalty issue was motivated by his conviction, that was not going to happen without his involvement, without his support, and without his conviction in regard to the death penalty. His involvement with passing legislation involving mentally retarded individuals, the DNA evidence, and those issues were all motivated by his very intent conviction, and I think that is something that he wanted to accomplish here and he did accomplish. I want to congratulate him as the chairman of the Senate Committee on Judiciary for bringing that up, and it is something that is very, very important that he accomplished.

Even though I have known him all my life, it feels all my life at least in the political life here, one incident that he may remember which really pointed out what kind of a person he is, there have been occasions over the years that I have been here that I voted against leadership and voted against their recommendations. That happened a couple of times. This does not involve any of the leadership here today, but it was one late night when a piece of legislation came up, and this one particular gentleman was going to vote for this and it was something I was very passionately involved in and he changed his mind, he did not vote for it, and there was another vote that came up that he was very much interested in and I happened to vote against it. He was very upset with me and came tearing up to me, almost tackled me, and we went head to head over this, and who came to my rescue? Ed Helfrick, and he was not in favor of the legislation I was supportive of, but that bothered him just as a person and as a human being, and it just tells you what kind of person he is. So we are going to miss you, Ed, and congratulations on everything you have done here in the Senate.

The PRESIDENT. The Chair recognizes the gentleman from Dauphin, Senator Piccola.

Senator PICCOLA. Madam President, I was not going to rise to speak, but I have to correct the record. Senator Mowery, you were not the last of the six, I am the last of the six. We cannot even count, I guess. Senator Mowery, you were not the last one to come to the Senate, I was the last one to come to the Senate from the class of 76, that bicentennial year. But I will say this in echoing everything that was said about Ed Helfrick, Ed, you were the valedictorian of the class of 76. God bless you, best wishes in your retirement, we are going to miss you, we love you.

Thank you, Madam President.

The PRESIDENT. Senator-elect Gordner is here. I think he is going to have some big shoes to fill. We hope to welcome him soon.

The Chair recognizes the gentleman from Lebanon, Senator Brightbill.

Senator BRIGHTBILL. Madam President, since Representative Gordner, who will be Senator Gordner, is here and will be sworn in next week, we can make it a matter of record that it is going to be his first responsibility to watch over Stewart Greenleaf and make sure he is protected from the leader.

And the question recurring, Will the Senate adopt the resolution? A voice vote having been taken, the question was determined

in the affirmative. (Applause.)

The PRESIDENT. The Chair recognizes the gentleman from Northumberland, Senator Helfrick.

Senator HELFRICK. Madam President, I am going to address everybody here today as my buddies, because you are. I just said to Bob Jubelirer, I waited too long to tell everybody here what I think of them. I waited 23 years to tell you what I should have told you every day. I loved every one of you and I enjoyed the hospitality here. No one ever treated me bad here ever, and I tried not to do that to anyone else either. But when I say this, I say it from the bottom of my heart, and I think you know it almost any time I got up to speak, it was from the bottom of my heart. In all seriousness, I am going to miss every one of you and I appreciate how nice you have been to me in the 23 years that I have been here. I appreciate everything you had to say about me today. I will tell you, it makes me very humble, and I am not going to say that I do not deserve this, but you all do the same thing for the people you represent in your district that I did. You have the same responsibihty and I know you do the same things, and even though we do not agree on legislation, we differ on a lot of different things, I know that you all care about the people you represent. As someone said here today, people complain about politicians. You know, every time I get into a discussion at home and people talk about that, I say, you do not know what it is like down there. I served with those people, and I can guarantee you every one of those people, whether you agree or disagree with them, they are conscientiously trying to represent their constituents as they believe is the right way to represent them, and I know you do that. I know we differ on a lot of things, but as long as you continue to do that, I think you will be very successful here.

There is one other thing that I would like to say. I know we all go out and campaign hard, we try hard and work hard to be reelected, and I always felt that w

commonwealth of pennsylvania ^tqx&hxixbt ^journal2003/11/17 · advice and consent of the senate,...

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