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Journal of the House

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TUESDAY, JANUARY 4, 2000

At ten o'clock in the forenoon the Speaker called the House to order.

Devotional Exercises

Devotional exercises were conducted by Rabbi Joshua Chasan of the Ohavi Zedek Synagogue, Burlington.

Pledge of Allegiance

Page Nick Hadsel-Mares of Burlington, led the House in the Pledge of Allegiance.

Proposed State Song

The Speaker introduced The Burlington Choral Society who sang the proposed Vermont State Song, "These Green Mountains", composed by Diane B. Martin and arranged by Rita Buglass Gluck.

Communication from Governor

"October 13, 1999

The Honorable Michael Obuchowski

Speaker of the House

State House

Montpelier, Vermont 05602

Dear Mr. Speaker:

I have the honor to inform you that I have appointed David Rogers of Castleton to serve the unexpired term of Arthur Pratt, Representative of District Rutland-1.

Sincerely,

/s/Howard Dean, MD

Governor"

Committee Appointment

The Speaker appointed Rep. Rogers of Castleton to the committee on Local Government.

Communication from Representative Karen Moore

"The Honorable Michael Obuchowski

Speaker of the House

Mr. Donald Milne

Clerk of the House

Vermont House of Representatives

115 State Street

Drawer 33

Montpelier, VT 05633-5301

Dear Mr. Speaker and Mr. Clerk

Please accept this letter as notice of my resignation from my elected office of State Representative for Rutland District 6-3, effective January 1, 2000.

It has been an honor and a privilege to serve my constituents. I leave office with many wonderful experiences and warm memories.

I wish to thank you and the members of the General Assembly for your support and friendship throughout my years of service.

Sincerely,

s/s Representative Karen J. Moore"

House Bills Introduced

House bills of the following titles were severally introduced. Pending first reading of the bills, on motion of Rep. Tracy of Burlington, the rules were suspended and the bills were read the first time by number and referred or placed on the Calendar as follows:

H. 569

By Rep. Koch of Barre Town,

An act relating to reconsideration votes;

To the Committee on Local Government.

H. 570

By Reps. Vinton of Colchester and Zuckerman of Burlington,

An act relating to the operation of personal watercraft;

To the committee on Transportation.

H. 571

By Rep. Rusten of Halifax,

An act relating to unmanageable children;

To the committee on Health and Welfare.

H. 572

By Rep. Dunne of Hartland,

An act relating to the ordering and shipping of vinous beverages for personal use;

To the committee on General, Housing and Military Affairs.

H. 573

By Rep. Koch of Barre Town,

An act relating to wage withholding orders;

To the committee on Judiciary.

H. 574

By Rep. LaBarge of Grand Isle,

An act relating to emergency relief to Vermont apple growers;

To the committee on Agriculture.

H. 575

By Reps. Gervais of Enosburg, Allard of St. Albans Town, Edwards of Swanton, Howrigan of Fairfield, Keenan of St. Albans City, Neiman of Georgia, Perry of Richford, Robb of Swanton and Willett of St. Albans City,

An act relating to naming Georgia interstate rest areas in honor of the rest area task force;

To the committee on Transportation.

H. 576

By Rep. LaBarge of Grand Isle,

An act relating to suspended or revoked driver licenses;

To the committee on Transportation.

H. 577

By Rep. Doyle of Richmond,

An act relating to antique snowmobiles;

To the committee on Transportation.

H. 578

By Rep. Colvin of Bennington,

An act relating to extending the maximum length of certain variances from air pollution control rules;

To the committee on Natural Resources and Energy.

H. 579

By Rep. Hummel of Underhill,

An act relating to exempting single family residences with mother-in-law apartments from the water supply and wastewater law;

To the committee on Natural Resources and Energy.

H. 580

By Rep. Starr of Troy,

An act relating to the North East States Association for Agricultural Stewardship;

To the committee on Agriculture.

H. 581

By Rep. Rusten of Halifax (By request)

An act relating to allowing municipal governments to restrict the use of air compression brakes;

To the committee on Transportation.

H. 582

By Rep. Hummel of Underhill,

An act relating to interest on judgments;

To the committee on Judiciary.

H. 583

By Rep. Costello of Brattleboro,

An act relating to identification for purchase of alcoholic beverages and tobacco products;

To the committee on General, Housing and Military Affairs.

H. 584

By Rep. Bourdeau of Hyde Park,

An act relating to the Village of Hyde Park Charter;

To the committee on Local Government.

H. 585

By Rep. Sweetser of Essex,

An act relating to medical expense tax credit;

To the committee on Ways and Means.

H. 586

By Rep. Koch of Barre Town,

An act relating to commercial lines insurance deregulation;

To the committee on Commerce.

H. 587

By Rep. Koch of Barre Town,

An act relating to repeal of limits on campaign contributions and expenditures;

To the committee on Local Government.

H. 588

By Reps. Gervais of Enosburg Falls, Edwards of Swanton, Howrigan of Fairfield, Neiman of Georgia, Perry of Richford and Willett of St. Albans City;

An act relating to limited liability for an alleged farm nuisance;

To the committee on Agriculture.

H. 589

By Reps. Weiss of Northfield and Masland of Thetford,

An act relating to operation of a vessel used for towing persons on water skis;

To the committee on Transportation.

H. 590

By Rep. Sweetser of Essex,

An act relating to special registration plates for members of the Vermont National Guard;

To the committee on Transportation.

H. 591

By Reps. Weiss of Northfield, Masland of Thetford and Valsangiacomo of Barre City,

An act relating to joint ownership for prebates;

To the committee on Ways and Means.

H. 592

By Reps. Fox of Essex, Heath of Westford and Sweaney of Windsor,

An act relating to the Town of Essex Charter;

To the committee on Local Government.

H. 593

By Rep. LaBarge of Grand Isle,

An act relating to preserving the ability to navigate in specified portions of Lake Champlain;

To the committee on Fish, Wildlife and Water Resources.

H. 594

By Reps. Doyle of Richmond and McNamara of Burlington,

An act relating to chronic fatigue syndrome;

To the committee on Health and Welfare.

H. 595

By Rep. Pembroke of Bennington,

An act relating to motor vehicles;

To the committee on Transportation.

H. 596

By Rep. Keenan of St. Albans City,

An act relating to mutual insurance companies and mutual insurance holding companies;

To the committee on Commerce.

H. 597

By Rep. Keenan of St. Albans City,

An act relating to children working at baseball games;

To the committee on General, Housing and Military Affairs.

H. 598

By Reps. Osman of Plainfield and Alfano of Calais,

An act designating the Vermont state song;

To the committee on General, Housing and Military Affairs.

H. 599

By Rep. Poirier of Barre City,

An act relating to the licensure of health care professionals in the event of a disaster;

To the committee on Health and Welfare.

H. 600

By Rep. Sweetser of Essex,

An act relating to space leased or owned by the state and used by veterans' organizations;

To the committee on Institutions.

H. 601

By Reps. Little of Shelburne, Koch of Barre Town, Sullivan of Burlington and Weiss of Northfield,

An act relating to limitations on the ability to enforce against a failure to obtain a required municipal land use permit;

To the committee on Local Government.

H. 602

By the Committee on Transportation,

An act relating to trucks;

Read the first time and under the rule, placed on the Calendar for notice tomorrow.

Joint Resolution Adopted

J.R.H. 131

The Entire Membership of the House of Representatives offered a joint resolution, entitled

Joint resolution in memory of former Representative Arthur D. Pratt;

Offered by: The entire membership of the House of Representatives

Whereas, Arthur Pratt was a lifelong and much-admired resident of Rutland County, and

Whereas, he was a graduate of Castleton State College and later earned a graduate degree in education from the College of St. Joseph in Rutland, and

Whereas, Arthur Pratt dedicated much of his life to public education as a school teacher at Fair Haven Union High School, the teaching principal at Middletown Springs Elementary School and, administratively, as chair of the board of the Addison-Rutland Supervisory Union School District, and

Whereas, he was an enthusiastic farmer, and for many years was the proprietor of the Castlewood Firewood Company, and

Whereas, most importantly, Arthur Pratt was an extraordinary public servant in the town of Castleton where his service as a member of the selectboard and as town manager was truly dedicated to improving the municipality's quality of life, and

Whereas, in recognition of his outstanding record as a municipal official, the citizens of Castleton, Fair Haven and West Haven elected him to represent them as their member in the House of Representatives, and

Whereas, during his year in Montpelier, he worked diligently and conscientiously, both as a member of the Committee on Local Government and Elections and on the floor of the House, on behalf of his constituents, and

Whereas, the members of the General Assembly were saddened to learn of the death of their friend and colleague, Arthur Pratt, now therefore be it

Resolved by the Senate and House of Representatives:

That the General Assembly extends its sincere condolences to the family of former Representative Arthur D. Pratt, and be it further

Resolved: That the Secretary of State be directed to send a copy of this resolution to his companion, Pamela Hidde of Castleton, his daughters, Avis Sawyer of Castleton and Pamela Sweatt of Poultney, and to his sons, Carlton of Fair Haven, Gregory of Castleton, and Zachary of Lansing, Michigan and to Joan Pratt of Castleton.

Which was read and adopted on the part of the House.

Joint Resolutions Placed on Calendar

The Speaker placed before the House the following resolutions which were read and in the Speaker's discretion, placed on the Calendar for action tomorrow under Rule 52.

J.R.H. 132

Joint resolution honoring Charles Schulz, the father of the Peanuts Comic Strip

Offered by: Representative Poirier of Barre City

Whereas, the adoring father of the Peanuts comic strip, Charles Schulz, and his loveable characters, Snoopy, the imaginative and cunning dog who aspires to be the flying ace foe of the "Red Baron"; Charlie Brown, the little boy who is his less-than-triumphal owner; Lucy, Charlie's opinionated colleague; her brother Linus who refuses to forego his precious blanket; and Schroeder, whose keyboard talents, whether performed as a gentle pianissimo, or a resounding fortissimo, have musically serenaded many a strip, have brought joy to newspaper readers for nearly half a century, and

Whereas, even as a doodling young lad, Charles Schulz aspired to a career as a daily comic strip cartoonist, and

Whereas, Charlie Brown first appeared in a single-paneled comic in the Saturday Evening Post, and

Whereas, after assuming weekly residency as "L'il Folks" on the pages of the St. Paul Pioneer Press, the lives of Charlie Brown and friends were expanded into a full-length Universal Feature Syndicate comic strip named Peanuts, and an American legend was born, and

Whereas, the hilarious and poignant adventures of Charlie Brown's entourage have grown in popularity, and they now appear in 2,600 newspapers in 75 nations and in 21 languages, and

Whereas, the Peanuts characters have traveled far beyond their colorful newsprint home to adorn calendars, clothes, toys, videos, lunch boxes, and a Macy's Thanksgiving Day Parade balloon, and

Whereas, Charlie Brown has been the star of his own Broadway salute and Snoopy's aeronautical exploits have been musically acclaimed, and

Whereas, Charles Schulz, who, sadly, has recently been diagnosed with colon cancer, has decided that Charlie Brown's daily ball playing, Schroeder's concertizing and, yes, even Lucy's haranguing of her cohorts, must immediately cease with their final newspaper appearance on January 4, 2000, and

Whereas, the Peanuts characters will live on in many media and in the hearts of children everywhere, regardless of their ages, now therefore be it

Resolved by the Senate and House of Representatives:

That the General Assembly congratulates Charles Schulz for brightening our lives each day with his wonderful array of Peanuts' characters and stories, and wishes him a speedy recovery, and be it further

Resolved: That the Secretary of State be directed to send a copy of this resolution to the father of Charlie Brown, Charles Schulz, in Santa Rosa, California.

J.R.H. 133

Joint resolution designating November 19, 2000 as Gold Star Mothers' Recognition Day

Offered by: Representatives Tracy of Burlington and Dunne of Hartland

Whereas, the mothers of United States Armed Forces personnel who have perished in combat have made the ultimate contribution to our nation's defense and preservation, and

Whereas, these gallant women have suffered a deeply personal tragedy that will remain with them, on a daily basis, for the rest of their lives, and

Whereas, in recognition of their sacrifice, on behalf of our nation, the General Assembly finds it appropriate and fitting to honor these special mothers, and

Whereas, across the nation, the third Sunday in November is being designated as Gold Star Mothers' Recognition Day in honor of these very special women, now therefore be it

Resolved by the Senate and House of Representatives:

That Sunday, November 19, 2000 is designated as Gold Star Mothers' Recognition Day In Vermont, and be it further

Resolved: That the Secretary of State be directed to send a copy of this resolution to the state headquarters, or chief state officer, of all veterans organizations in Vermont.

J.R.H. 134

Joint resolution congratulating the Grace Cottage Hospital on 50 years of medical service

Offered by: Representatives Darrow of Newfane, Darrow of Dummerston, Deen of Westminster and Partridge of Windham

Whereas, in 1938, Dr. Carlos Otis commenced the practice of medicine in space that he rented from retired school principal Mary Plumb in the former Fletcher homestead in Townshend, and

Whereas, Dr. Otis quickly recognized that the West River communities of Windham County required a more comprehensive health care facility than an individual physician's private practice, and

Whereas, a few years later, Mary Plumb offered to donate the entire Fletcher homestead for conversion into a cottage hospital, and

Whereas, on August 7, 1949, the Grace Cottage Hospital, named in honor of Grace Grout, whose husband Dr. Abel Grout was the facility's primary financial benefactor, opened to the appreciation of hundreds of grateful area residents, and

Whereas, over the decades, adjacent houses were donated to the hospital for use as nursing and community care homes, and

Whereas, in 1993, when threatened with closure by the state for lack of a proper emergency escape path from the second floor, the hospital's many supporters gallantly rallied to its rescue and helped secure the funding for a new $2.5 million wing, and

Whereas, in this era of hospital mergers and consolidations, the uniquely rural and intimate Grace Cottage Hospital continues to meet the emergency and secondary care needs of the surrounding towns, and

Whereas, the legacy of Dr. Carlos Otis, who continued as administrator of the hospital until 1990, and served as the chair of its board until his death in 1994, is perpetuated in the Otis Health Care Center (of which Grace Cottage Hospital is an integral component) and the annual Hospital Fair Day and Grace Cottage Stork Parade that features persons whose life began in the loving surroundings of Grace Cottage Hospital, now therefore be it

Resolved by the Senate and House of Representatives:

That the General Assembly congratulates Grace Cottage Hospital on its 50th anniversary and extends best wishes to this unique community health care institution for its future prosperity and vitality, and be it further

Resolved: That the Secretary of State be directed to send a copy of this resolution to Al LaRochelle, the hospital administrator at Grace Cottage Hospital.

J.R.H. 135

Joint resolution authorizing the use of the State House by the Vermont Principals' Association, the Vermont State Department of Education, and the Vermont State Board of Education

Offered by: Representatives Weiss of Northfield, Brooks of Montpelier, Cross of Winooski, Poirier of Barre City, Robb of Swanton and Stevens of Newbury

Whereas, the school principals of Vermont are the instrumental leaders of local education, and

Whereas, the young people of Vermont are the citizens and leaders of Vermont's future, and

Whereas, it is the responsibility of the leaders of today to guide and encourage the leaders of tomorrow, and

Whereas, the Vermont Principals' Association, the Vermont State Department of Education and the Vermont State Board of Education will sponsor a conference to provide leadership for Vermont's children, now therefore be it

Resolved by the Senate and House of Representatives:

That the Sergeant at Arms is authorized to make available to the Vermont Principals' Association, the Vermont State Department of Education and the Vermont State Board of Education the use of the State House on Tuesday, September 19, 2000.

J.R.H. 136

Joint resolution honoring the AmeriCorps program of national service in Vermont

Offered by: Representative Tracy of Burlington

Whereas, AmeriCorps began in 1994 as a partnership between the federal government and state commissions, and

Whereas, more than 600 persons have served as AmeriCorps volunteers in Vermont under the auspices of the Vermont Commission on National and Community Service, and

Whereas, AmeriCorps volunteers have served as outstanding citizen volunteers in diverse Vermont organizations including the Vermont Youth Development Corps of the Washington County Youth Services Bureau, Lyndon State College's Literacy in the Kingdom and Northeast Kingdom Initiative and the Vermont Youth Conservation Corps, and

Whereas, these outstanding young Vermonters have assisted in disaster relief operations, helped to preserve the scenic Vermont environment, introduced and made accessible the joy of reading for both children and adults, and improved the daily lives of thousands of Vermonters, and

Whereas, October 20, 1999 marked the fifth anniversary of the establishment of AmeriCorps and on October 29, 1999, a special Vermont AmeriCorps commemoration was held at the State House, now therefore be it

Resolved by the Senate and House of Representatives:

That the General Assembly congratulates both the Corporation for National Service and its affiliate, the Vermont Commission on National and Community Service, as they commence a second half-decade of service to the United States of America, and, in particular, to the state of Vermont, and be it further

Resolved: That the Secretary of State be directed to send a copy of this resolution to Harris Wofford, the chief executive officer of the Corporation for National Service in Washington, D.C. and to Jane Williams, the executive director of the Vermont Commission on National Service.

J.R.H. 137

Joint resolution in memory of John Fitzgerald Kennedy Jr., Carolyn Bessette Kennedy and Lauren Bessette

Offered by: Representatives Tracy of Burlington and Dunne of Hartland

Whereas, John Fitzgerald Kennedy Jr. tragically lost his father and uncle at an early age, and a brother who died in infancy, and

Whereas, while he lent his celebrity status as the only surviving son of former President Kennedy to many worthy charities, he simultaneously sought to have a private life away from the gawking news photographers and curiosity seekers, and

Whereas, after graduating from Brown University and New York University Law School, he served as an assistant Manhattan District Attorney and later as the publisher of George Magazine, and

Whereas, in 1996, on a secluded Georgia island, John Fitzgerald Kennedy Jr. wed Carolyn Bessette Kennedy, who was his loving partner in life, and

Whereas, recently he began a new avocation as an aviator, fulfilling a life-long fascination with flying and a desire to become a pilot, and

Whereas, on Friday, July 23, 1999, while piloting his plane, and accompanied by his wife and sister-in-law Lauren Bessette, he was lost at sea in the haze of cloud-filled night, and

Whereas, Vermont and the entire nation were stunned at the untimely deaths of John Fitzgerald Kennedy Jr., Carolyn Bessette Kennedy and Lauren Bessette, now therefore be it

Resolved by the Senate and House of Representatives:

That the General Assembly extends its most profound sympathy to the Kennedy and Bessette families on the loss of their beloved John, Carolyn and Lauren, and be it further

Resolved: That the Secretary of State be directed to send a copy of this resolution to Caroline Kennedy Schlossberg, Senator Edward M. Kennedy, Anne and Dr. Richard Freeman and to William Bessette.

J.R.H. 138

Joint resolution in memory of David W. Curtis

Offered by: Representatives Dunne of Hartland, Lippert of Hinesburg, Obuchowski of Rockingham and Tracy of Burlington

Whereas, David Curtis was a unique individual whose philosophical and political outlook underwent a dramatic metamorphosis over the course of his sadly shortened but extremely fruitful life, and

Whereas, his youth was spent in Montpelier to which he would later return as a legislator and defender general whose commitment to defending his clients before the state's judiciary was never in doubt, and

Whereas, upon graduating from the University of Vermont, where David Curtis had led the charge for the Goldwater presidential candidacy, and Boston College Law School, he embarked on an extraordinary professional and personal journey, and

Whereas, he initially practiced corporate law in Burlington, and, during the 1977-1978 biennium, represented the citizens of Charlotte in the House of Representatives as a proud member of the Republican Caucus, and

Whereas, his decision to become a defender of those who were most in need of the legal profession's protection was foreshadowed by his work as the attorney who succeeded in having the state's anti-abortion law declared unconstitutional, and

Whereas, after becoming politically active in the Democratic Party and after completing his tenure as deputy defender general, David Curtis moved to Tennessee where he assumed the mantle of the truly downtrodden as a Legal Aid attorney and became an active member of that state's gay community, and

Whereas, after working as an attorney on behalf of the Lakota Indians in South Dakota, he returned to his native Vermont where in 1985, Democratic Governor Madeleine Kunin appointed this former Goldwater Republican as Vermont's defender general, and

Whereas, subsequently after protecting the indigent with resources provided by the state for public criminal defenses, he resumed his legal partnership with former Governor Phil Hoff, and took on leadership with the Vermont Democratic Party, ultimately assuming the role of state chair, and

Whereas, during his final years, despite his own personal health problems, David Curtis became an eloquent spokesperson and advocate for those living with the HIV virus and AIDS, and

Whereas, upon David Curtis's death, his memorial service was in reality a warm and joyous celebration of his life, attended by the hundreds who gathered with his three children, David Curtis Jr., Julia and Christopher, at the Unitarian Universalist Church in Burlington, now therefore be it

Resolved by the Senate and House of Representatives:

That the General Assembly extends its sincere sympathy to the children of David W. Curtis, and be it further

Resolved: That the Secretary of State be directed to send a copy of this resolution to each of his three children, David W. Curtis Jr., Julia Curtis and Christopher Curtis.

J.R.H. 139

Joint resolution in memory of David Pearl Cilley

Offered by: Representative Milne of Washington

Whereas, David Cilley's lifelong service to the municipal, fraternal and religious sectors in the town of Tunbridge was truly remarkable, and

Whereas, he unquestionably represented the highest civic virtues of his native Orange County town, and

Whereas, David Cilley, upon graduating from South Royalton High School, entered his family's business, the Boardway and Cilley Funeral Home, which he directed for over 45 years, and

Whereas, as a trained emergency medical technician, he operated the Boardway and Cilley Ambulance Service, and

Whereas, for many years, David Cilley was always on call for the Tunbridge Volunteer Fire Department, and for 20 years he served as the department's treasurer and trustee, and

Whereas, he served the citizens of Tunbridge in many public offices, including town auditor, trustee of public funds, cemetery commissioner, and justice of the peace, and

Whereas, David Cilley was intimately associated with his hometown's premier institution, the Tunbridge World's Fair, where he served for 42 years as a director as well as superintendent of decorations, machinery, entertainment and antiques, and more recently, as superintendent of concessions, and

Whereas, his fraternal affiliations included the Lions and the Masons, and

Whereas, David Cilley's concern for the well-being of his fellow human beings motivated him to join the American Red Cross where he held many positions in the Orange County chapter, including county disaster relief director, and

Whereas, he was an active sportsman, who as treasurer of the Tunbridge Trout Club, was an avid fisherman as well as hunter and swimmer, and

Whereas, he solemnly practiced his religious faith as a veteran member of the Tunbridge Congregational Church Parish Council, and

Whereas, David Pearl Cilley's sudden death has deprived the townspeople of Tunbridge of a leading citizen, community leader, and most importantly, a dear friend, now therefore be it

Resolved by the Senate and House of Representatives:

That the General Assembly expresses its sincere sympathy to the family of David Pearl Cilley, including his wife Elaine, his sister Joanne, his son Dennis, his daughters Susan, Patricia and Brenda, his six grandchildren and three stepgrandchildren, and be it further

Resolved: That the Secretary of State be directed to send a copy of this resolution to Elaine Cilley in Tunbridge.

J.R.H. 140

Joint resolution in memory of James Goldstone, cofounder and chair of the Vermont Film Commission

Offered by: Representatives Dunne of Hartland, Miller of Shaftsbury and Milne of Washington

Whereas, James Goldstone, a cofounder, and at the time of his death, chair, of the Vermont Film Commission, was instrumental in placing Vermont on the cinematic map, and

Whereas, after graduating from Dartmouth College, and earning a master's degree in drama at Bennington College, he embarked on a prolific filmmaking career that included writing, directing and producing for both the large silver and small television screens, and

Whereas, he directed many of the major stars of American film, including Henry Fonda, Paul Newman, Sidney Poitier, Richard Widmark and Joanne Woodward, and

Whereas, the work of James Goldstone was critically acclaimed as evidenced by the prestigious film industry awards that he received, and

Whereas, he was an active leader in major film and television organizations, including the Academy of Motion Picture Arts and the Academy of Television Arts and Sciences, and

Whereas, in his role as a visiting professor in film at the Columbia University School of the Arts Graduate Film Division, and as a member of the Dartmouth College Film Advisory Board, James Goldstone sought to pass on his decades of professional experience to a younger generation of aspiring filmmakers, and

Whereas, inspired by his fond memories of Bennington College, in 1988 James Goldstone and his wife Ruth moved to Shaftsbury from where he assumed a prominent role in the state's artistic community, including the Oldcastle Theatre Company, the Vermont Arts Council, and, most significantly as a cofounder and chair of the Vermont Film Commission, and

Whereas, due to his efforts, there is a growing awareness among American and international filmmakers that Vermont is a wonderful place to shoot both small and large productions, now therefore be it

Resolved by the Senate and House of Representatives:

That the General Assembly extends its sincere condolences to the family of James Goldstone, whose career as a film director, teacher and arts advocate has left a lasting cinematic legacy for the nation, and in particular the state of Vermont, and be it further

Resolved: That the Secretary of State be directed to send a copy of this resolution to Ruth Goldstone

J.R.H. 142

Joint resolution designating January 29 as Thomas Paine Day

Offered by: Representative Tracy of Burlington

Whereas, on the advice of Benjamin Franklin, in 1774 Thomas Paine journeyed from his native England to the American colonies, and

Whereas, immediately upon his arrival in Philadelphia he put his quill pen to paper, condemning slavery in his first monograph, entitled "African Slavery," that appeared in 1775, and

Whereas, sensing that time was opportune for the 13 colonies to separate from Great Britain and form a newly independent nation, on January 10, 1776, Thomas Paine historic publication, entitled "Common Sense," appeared strongly advocating American Independence, and

Whereas, in "Common Sense" he set forth his opinions on the English monarchy and the ripeness of the year 1776 for American self government, and

Whereas, Thomas Paine cited the need for a navy to defend American shores, rightly observing in a reference to the British military that "the power which hath endeavored to subdue us, is of all others, the most improper to defend us," and

Whereas, the publication of "Common Sense" was a significant influence in the Continental Congress's decision to adopt the Declaration of Independence, and

Whereas, once independence was declared, Thomas Paine served as Secretary to Congress's Committee on Foreign Affairs, and wrote the highly influential "American Crisis" series as he marched with Washington's army, and

Whereas, he was so committed to the cause of American Independence that he donated his copyright and royalties to the struggling national government, and

Whereas, at the time of the French Revolution, Thomas Paine eloquently defended its goals, if not always its methods, in his "Rights of Man," and

Whereas, he was an inspiration for future American journalists, and has recently been honored with a special exhibit by the Newseum in Arlington,Virginia, now therefore be it

Resolved by the Senate and House of Representatives:

That the 29th of January is designated as Thomas Paine Day, and be it further

Resolved: That the Secretary of State be directed to send a copy of this resolution to the Thomas Paine National Historical Association in New Rochelle, New York, and to Robert N. Walsh.

J.R.H. 143

Joint resolution congratulating Matt Gissel on winning the 1999 National Monopoly Championship

Offered by: Representatives Allard of St. Albans City, Keenan of St. Albans City and Willett of St. Albans City

Whereas, the game of Monopoly, whose goal is to enable eager players to strategically purchase and amass an impressive fortune of railroads and real estate, originated as a wishful dream conceived amidst the economic doldrums of the Great Depression, and

Whereas, its international popularity is evidenced by its availability in 80 countries and in 26 different languages, and

Whereas, as a young boy, Matt Gissel participated in the annual spring vacation Monopoly tournament that children's librarian Sue Wade stages at the St. Albans Free Library, and

Whereas, the skills that Matt learned at his hometown library served him well in 1999 when he won the Vermont Monopoly championship title, and

Whereas, this achievement entitled him to represent Vermont at the National Monopoly Game Championship in Las Vegas, and

Whereas, a now shrewd 20 year-old Monopoly veteran, Matt outlasted his competitors from 48 other states and was declared the winner, and

Whereas, he thus earned the right to represent the United States at the World Monopoly Game Championship to be held in Toronto in 2000, now therefore be it

Resolved by the Senate and House of Representatives:

That the General Assembly congratulates Matt Gissel on winning the 1999 National Monopoly Game Championship and wishes him well as he prepares for the international competition in Toronto, and be it further

Resolved: That the Secretary of State be directed to send a copy of this resolution to Matt Gissel in St. Albans.

J.R.H. 144

Joint resolution extending best wishes for a speedy recovery to Robert Gensburg of St. Johnsbury

Offered by: Representative Vincent of Waterbury

Whereas, Robert Gensburg of St. Johnsbury has been a respected member of the Vermont Bar for many years, and

Whereas, he has devoted much of his legal career defending persons whose causes and goals are not the most popular, and who might, consequently, be denied due process of law, and

Whereas, during the last few years, he has become best known as the lead counsel for Amada Brigham of Whiting and others, who turned to the courts in their effort to require the state to adopt a school funding system that was truly equitable and fair to the poorest of school districts as well as the wealthiest, and

Whereas, in its landmark ruling of Brigham v. State, the Vermont Supreme Court held that the existing system of basing the funding of public elementary and secondary education on the local property tax was inherently unconstitutional, and

Whereas, since the Brigham decision was announced, Robert Gensburg has enthusiastically and energetically defended the holding's validity, both in the courts of this state and at many public forums, and

Whereas, members of the General Assembly were saddened to learn that this very special legal trail-blazer has been diagnosed with leukemia, now therefore be it

Resolved by the Senate and House of Representatives:

That the General Assembly extends its hopes and wishes to Robert Gensburg for a return to good health, and be it further

Resolved: That the Secretary of State be directed to send a copy of this resolution to Robert Gensburg in St. Johnsbury.

Joint Resolution Referred to Committee

J.R.H. 141

Rep. Tracy of Burlington offered a joint resolution, entitled

Joint resolution urging the immediate release of the New Tribes Missionaries in Columbia;

J.R.H. 141

Joint resolution urging the immediate release of the New Tribes Missionaries in Colombia

Offered by: Representative Tracy of Burlington

Whereas, David Mankins, Mark Rich and Rich Tenenoff are missionaries who accepted assignments in Panama on behalf of the New Tribes Missions (NTM) organization, and

Whereas, on the night of January 31, 1993, while spending a quiet family evening at their Panamanian homes, each of these men was brutally kidnapped and forcibly removed to Colombia by a guerilla group known as the Revolutionary Armed Forces of Colombia (FARC) which the United States Department of State has designated as an international terrorist organization, and

Whereas, the FARC demanded a ransom of $5 million, and

Whereas, after a year of futile negotiations between the NTM and the FARC, the process collapsed and it was feared that these innocent victims of international terrorism had perished, and

Whereas, in February 1999, over six years after their abduction, the FARC informed the President of Costa Rica that the missionaries were miraculously still alive, and

Whereas, unequivocal demands for the FARC to release these men have come from the United States House of Representatives, the United States Department of State, the New Jersey Legislature, Human Rights Watch, and many organizations and individuals, and

Whereas, it is long past time that these three men be released in order that they can join their families and rebuild their lives, now therefore be it

Resolved by the Senate and House of Representatives:

That the General Assembly urges that David Mankins, Mark Rich and Rick Tenenoff be immediately released from their captivity, and be it further

Resolved: That the Secretary of State be directed to send copies of this resolution to the Assistant United States Secretary of State for InterAmerican Affairs, to the Colombian Ambassador to the United States and to Scott Ross at the New Tribes Mission in Sanford, Florida.

Which was read and, in the Speaker's discretion, treated as a bill and referred to the Committee on General, Housing and Military Affairs.

Message from the Senate

A message was received from the Senate by Mr. Gibson, its Secretary, as follows:

Mr. Speaker:

A quorum of the Senate has assembled and organized by the election of

DAVID A. GIBSON

of the Town of Brattleboro, as Successor Secretary of the Senate, who in turn has appointed

STEVEN D. MARSHALL

of the Town of Swanton, Assistant Secretary.

Message from the Senate

A message was received from the Senate by Mr. Marshall, its Assistant Secretary, as follows:

Mr. Speaker:

I am directed to inform the House that the Senate has on its part adopted joint resolutions of the following titles:

J.R.S. 66. Joint resolution to provide for a Joint Assembly to receive a combined State-of-the-State and budget message from the Governor

J.R.S. 67. Joint resolution relating to Town Meeting Adjournment.

J.R.S. 68. Joint resolution in memory of Robert Hadley Gibson, Secretary of the Vermont Senate.

In the adoption of which the concurrence of the House is requested.

Joint Resolution Adopted in Concurrence

J.R.S. 66

The Speaker placed before the House a joint resolution, entitled

Joint resolution relating to provide for a Joint Assembly to receive a combined State-of-the-State and budget message from the Governor;

By Senator Shumlin,

RESOLVED BY THE SENATE AND HOUSE OF REPRESENTATIVES:

That the two Houses meet in Joint Assembly on Tuesday, January 4, 2000, at one o'clock and forty-five minutes in the afternoon to receive a combined State-of-the-State and budget message from the Governor.

Which was read and adopted in concurrence.

Joint Resolution Placed on Calendar

J.R.S. 67

By Senator Shumlin

Joint resolution relating to Town Meeting Adjournment.

RESOLVED BY THE SENATE AND HOUSE OF REPRESENTATIVES:

That when the two Houses adjourn on Friday, March 3, 2000, or Saturday, March 4, 2000, it be to meet again no later than Tuesday, March 14, 2000, at ten o'clock in the forenoon.

Which was read and, in the Speaker's discretion, placed on the Calendar for action tomorrow under Rule 52.

Joint Resolution Adopted in Concurrence

J.R.S. 68

The Speaker placed before the House a joint resolution, entitled

Joint resolution in memory of Robert Hadley Gibson, Secretary of the Vermont Senate;

By Senators Shumlin, Ankeney, Backus, Bahre, Bartlett, Bloomer, Brownell, Canns, Chard, Costes, Crowley, Cummings, Doyle, Greenwood, Ide, Illuzzi, Kittell, Leddy, MacDonald, Maynard, Mazza, McCormack, Morrissey, Munt, Ptashnik, Ready, Riehle, Rivers, Sears and Spaulding,

Whereas, Robert H. Gibson served for four years as an officer in the United States Navy after graduating from Brattleboro High School and Amherst College; and

Whereas, Robert H. Gibson was an unabashed baseball fan, especially of the Detroit Tigers, an uncharacteristic loyalty for a native Vermonter, that dated not only from his days as a law student at the University of Michigan Law School but also from grade school days due to the influence of an attractive cousin from Michigan; and

Whereas, as a civicly-minded individual, Robert H. Gibson successfully held many positions of public trust, including Brattleboro Municipal Judge from 1963-1965, Brattleboro Town Moderator from 1965 until 1974, chair of the Windham County Tax Appeal Board in 1967, member of the Brattleboro Union High School Board from 1969 until 1972, and later Assistant Secretary of State from 1974 to 1976; and

Whereas; Robert H. Gibson served the Vermont Senate as Assistant Secretary from 1963-1966; and

Whereas, he was first elected as Secretary of the Senate in 1967; and

Whereas, Robert H. Gibson performed his senatorial responsibilities with enormous distinction, fairness and equanimity; and

Whereas, he was so highly respected by members of both political parties that, regardless of the partisan alignment of the Senate, he was unanimously and repeatedly reelected to this honorable position for 16 consecutive biennia, and continued to serve as the Senate's much-admired secretary until his death on October 9, 1999; and

Whereas, Robert H. Gibson was well known by his colleagues in the American Society of Legislative Clerks and Secretaries where his friendship and active participation was most welcomed for many years; and

Whereas, in addition to his outstanding work as a public servant, Robert H. Gibson was active in numerous civic, fraternal and religious organizations, including the Elks, the Kiwanis, the American Legion, the VFW, the Jaycees, the Brattleboro Community Chest campaign, and Christ Episcopal Church in Montpelier, for which he served as treasurer from 1982 until 1995; and

Whereas, the Vermont General Assembly has designated the Robert H. Gibson River Garden Park in his native Brattleboro in his honor; and

Whereas, he was the devoted husband of Kathryn Gibson, the father of Laura Gibson and the proud grandfather of three grandchildren, Robert, Michael and Ashley; now therefore be it

RESOLVED BY THE SENATE AND HOUSE OF REPRESENTATIVES:

That the General Assembly mourns with great sadness the passing of the highly esteemed Secretary of the Senate, Robert Hadley Gibson, whose knowledge of parliamentary procedure and legislative protocol was integral and indispensable to the orderly functioning of the Vermont Senate, as well as innumerable joint assemblies; and be it further

RESOLVED: That the Secretary of State be directed to send a copy of this resolution to his wife, Kathryn Gibson in Montpelier, and to his daughter, Laura Gibson in Brattleboro.

Which was read and adopted in concurrence.

Recess

At ten o'clock and forty minutes in the forenoon, the Speaker declared a recess until one o'clock and forty minutes in the afternoon.

Afternoon

At one o'clock and forty minutes in the afternoon, the Speaker called the House to order.

Joint Assembly

At one o'clock and forty-five minutes in the afternoon, the hour for the Joint Assembly having arrived, pursuant to the provisions of joint resolution, entitled

J.R.S. 66. Joint resolution to provide for a Joint Assembly to receive a combined State-of-the-State and budget message from the Governor;

The Senate appeared in the Hall of the House.

Thereupon, the Joint Assembly having concluded its session, at two o'clock and thirty minutes in the afternoon, the Speaker resumed the Chair.

Adjournment

At two o'clock and forty minutes in the afternoon, on motion of Rep. Fyfe of Newport City, the House adjourned until tomorrow at nine o'clock and thirty minutes in the forenoon.