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Journal of the Senate

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WEDNESDAY, JANUARY 5, 2000

The Senate was called to order by the President.

Devotional Exercises

Devotional exercises were conducted by the Reverend David M. Hall of Montpelier.

Message from the House

A message was received from the House of Representatives by Mr. Palmisano, its First Assistant Clerk, as follows:

Mr. President:

I am directed to inform the Senate the House has adopted Joint Resolutions of the following titles:

J.R.H. 132. Joint resolution honoring Charles Schulz, the father of the Peanuts comic strip.

J.R.H. 133. Joint resolution designating November 19, 2000, as Gold Star Mothers' Recognition Day.

J.R.H. 134. Joint resolution congratulating the Grace Cottage Hospital on 50 years of medical service.

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.

J.R.H. 136. Joint resolution honoring the AmeriCorps program of national service in Vermont.

J.R.H. 137. Joint resolution in memory of John Fitzgerald Kennedy, Jr., Carolyn Bessette Kennedy and Lauren Bessette.

J.R.H. 139. Joint resolution in memory of David Pearl Cilley.

J.R.H. 140. Joint resolution in memory of James Goldstone, co-founder and chair of the Vermont Film Commission.

J.R.H. 142. Joint resolution designating January 29 as Thomas Paine Day.

J.R.H. 143. Joint resolution congratulating Matt Gissel on winning the 1999 National Monopoly Championship.

J.R.H. 144. Joint resolution extending best wishes for a speedy recovery to Robert Gensburg of St. Johnsbury.

J.R.H. 146. Joint resolution in memory of George Hodge of Topsham.

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

The House has considered a Joint Resolution originating in the Senate of the following title:

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

And has adopted the same in concurrence.

Joint Resolutions Adopted on the Part of the Senate

Joint Senate resolution of the following title was offered, read and adopted on the part of the Senate, and is as follows:

By Senators 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, Shumlin and Spaulding,

J.R.S. 69. Joint resolution in memory of former Senate President Pro Tempore Robert A. Bloomer.

Whereas, Robert A. Bloomer was a dedicated public servant who worked on behalf of Vermonters in both elected and appointed positions, and

Whereas, during World War II, he served his country as a pilot in the 8th Air Force of the U.S. Army Air Corps, and

Whereas, after his graduation from both the University of Vermont and Boston University Law School, he commenced a half-century-long legal career in his family's law firm, Bloomer and Bloomer, and

Whereas, he followed his father's path to the General Assembly, having been first elected in 1963 to a term in the Senate, returning in 1966, and then resuming his legislative tenure in 1973 and remaining in the chamber until 1984, and

Whereas, during his latter tenure in the Senate, Robert A. Bloomer was named in 1975, to chair both the Senate Rules and Judiciary Committees, and, concurrently, his colleagues repeatedly elected him Senate President Pro Tempore, and

Whereas, he was highly respected by members of both political parties, and

Whereas, more recently, Robert A. Bloomer had returned to the public arena serving for the past nine years as chair of the District 1 Environmental Board, and

Whereas, aside from his legal and public service responsibilities, he was an enthusiastic sportsman as a motorcyclist, golfer, hiker and member of many local athletic teams, and

Whereas, Robert A. Bloomer was a member of many fraternal organizations, including the Elks, the American Legion and the Masons, and

Whereas, most importantly, Robert A. Bloomer was deeply devoted to his family, including his wife of 54 years, Mary Beth, his four sons, Robert Jr., Richard, William and Thomas, as well as being the proud grandfather of eight grandchildren, and

Whereas, the death of Robert A. Bloomer leaves Vermont bereft of an outstanding leader, and his many friends deprived of his wonderful camaraderie, now therefore be it

RESOLVED BY THE SENATE AND HOUSE OF REPRESENTATIVES:

That the General Assembly respectfully remembers the former distinguished Senate President Pro Tempore Robert A. Bloomer, and extends its sincere condolences to his family, and be it further

RESOLVED: That the Secretary of State be directed to send a copy of this resolution to his widow, Mary Beth Bloomer.

Joint Resolution Referred

Joint Senate resolution of the following title was offered, read the first time and is as follows:

By Senator Illuzzi,

J.R.S. 70. Joint resolution relating to the taxing of electronic commerce sales transacted over the Internet.

Whereas, the Internet is a collection of computer networks that enables the user to communicate electronically with other users in states and around the world, and

Whereas, millions of organizations and consumers are engaging in electronic commerce through their Internet connection, and

Whereas, business-to-consumer sales transacted through the Internet are projected to exceed $100 billion in 2002, up from just $1.5 billion in 1997 and $8 billion in 1998, and

Whereas, businesses, consumers, and others engaging in interstate and foreign commerce through the Internet could become subject to complex tax structures in multiple jurisdictions, and

Whereas, the myriad state and local sales and use tax systems could place a significant administrative burden on remote sellers, and

Whereas, under current court decisions, some Internet vendors and other remote sellers cannot be legally compelled to collect sales and use taxes from consumers in other states, and

Whereas, the difficulties in requiring sales and use tax collections from remote sellers place local "main street" merchants at an unfair competitive disadvantage, and

Whereas, state sales and use tax revenues comprise, on average, one-third of state revenues and provide over one-half of state revenues in six states, and

Whereas, states have the primary responsibility for education, public safety, transportation, and health and human services, and

Whereas, the projected growth of electronic commerce transactions will have a substantial negative impact on state sales and use tax revenues, and

Whereas, state legislatures recognize the critical role that the telecommunications and information technology industries will continue to play in job creation and economic development, and

Whereas, state legislatures recognize that there is a need for a simplified and more uniform sales tax structure that is not an impediment to the growth and financial success of these industries, now therefore be it

RESOLVED BY THE SENATE AND HOUSE OF REPRESENTATIVES:

That the Vermont General Assembly endorses the following principles governing sales and use taxes:

(1) that state and local tax systems should treat transactions involving goods and services, including telecommunications and electronic commerce, in a competitively-neutral manner, and

(2) that a simplified sales and use tax system that treats all transactions in a competitively-neutral manner will strengthen and preserve the sales and use tax as vital state and local revenue sources and preserve state fiscal sovereignty, and

(3) that Internet and Internet vendors should not receive preferential tax treatment at the expense of local "main street" merchants, nor should such vendors be burdened with special, discriminatory or multiple taxes, and

(4) that there is a need to undertake significant simplification of state and local sales and use taxes to reduce the administrative burden of collection, and

(5) that under such a simplified system, remote sellers, without regard to physical presence in the purchaser's state, should be required to collect sales and use taxes from the purchaser and remit such taxes to the purchaser's state, and

(6) that there should be encouragement of current and future cooperative efforts by states to simplify the operation and administration of sales and use taxes, and

(7) that there should be opposition to any federal action to preempt the sovereign and constitutional right of the state of Vermont to determine its own tax policies in all areas, including telecommunications and electronic commerce, and be it further

RESOLVED: That the Secretary of State be directed to send a copy of this resolution to United States Secretary of Commerce William Daley and to the members of the Vermont Congressional Delegation.

Thereupon, the President, in his discretion, treated the joint resolution as a bill and it was referred to the Committee on Finance.

Joint Resolution Adopted on the Part of the Senate

Joint Senate resolution of the following title was offered, read and adopted on the part of the Senate, and is as follows:

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

J.R.S. 71. Joint resolution honoring Charles A. "Charlie" Bristow and Claudia Horack Bristow, legislative counselors extraordinaire, on their retirement from the Legislative Council staff.

Whereas, Charles A. "Charlie" Bristow and Claudia Horack grew up on the same street in the balmy semitropical city of New Orleans, and

Whereas, after marrying, and completing their respective degree programs at divisions of the city's foremost institution of higher education, Tulane University, Charlie in law and Claudia in political science at Newcomb College, Charlie began to practice law and Claudia assumed responsibilities as a mother of three boys, and

Whereas, longing for the invigorating life that can only be experienced in Vermont's Green Mountains, the Bristows migrated northward when Charlie accepted a post as a Vermont Assistant Attorney General, and

Whereas, despite their shock at the truly arctic conditions that can prevail in Montpelier during the winter, they persevered as Charlie Bristow blazed a distinguished career path that included service as a district court judge, Deputy Attorney General, Commissioner of Public Safety, a law school professor at both Vermont Law School and New England School of Law, counsel to the Department of Environmental Conservation and ultimately as the much respected and admired counsel to the House and Senate Judiciary Committees, and

Whereas, Claudia Bristow, recognizing the virtues of a life at the legal bar, sought to follow her husband's impressive footsteps as she enrolled in Vermont Law School from which she graduated in 1978, and

Whereas, she embarked on an equally distinguished legal career that has included a long and respected tenure as a legislative counselor where she developed a special expertise in the fields of administrative, electoral, municipal, professional regulatory and retirement law, and

Whereas, her work in the General Assembly was briefly interrupted, as she served a term as Deputy Secretary of State, where she gained important firsthand experience implementing many of the laws that she had drafted, and

Whereas, the Bristows have decided that as the 20th century concludes, it is also time for them to put down their drafting quills, and bicycle and ski into the sunset, and

Whereas, the members of the General Assembly will miss the Bristows' wise counsel, cordiality, and, most significantly, their distinctive Louisiana drawls, now therefore be it

RESOLVED BY THE SENATE AND HOUSE OF REPRESENTATIVES:

That the General Assembly recognizes the outstanding contribution that Charlie and Claudia Bristow have made to the clarity and layperson's comprehension of the laws enacted by this legislature and wishes them the very happiest of times in the years ahead, and be it further

RESOLVED: That the Secretary of the Senate and the Clerk of the House are directed jointly to present a copy of this resolution to Charles A. Bristow and Claudia Horack Bristow at a reception to be held in their honor, on the afternoon of January 6, 2000, in the State House.

Bills Introduced

Senate bills of the following titles were severally introduced, read the first time and referred:

By Senators Sears and Bloomer,

S. 209. An act relating to health insurance plan participating physicians.

To the Committee on Health and Welfare.

By Senators Greenwood, Bahre, Doyle, Rivers, Sears and Shumlin,

S. 210. An act relating to small schools support grant for union and joint contract school districts.

To the Committee on Education.

By Senator Ide,

S. 211. An act relating to incompatible offices.

To the Committee on Government Operations.

By Senator Bahre,

S. 212. An act relating to individual health insurance policies.

To the Committee on Finance.

By Senators Shumlin and Crowley,

S. 213. An act relating to the National World War II Memorial Fund.

To the Committee on Appropriations.

By Senators Ide and Sears,

S. 214. An act relating to disarming a law enforcement officer.

To the Committee on Judiciary.

By Senator Bahre,

S. 215. An act relating to fees for special motor vehicle plates for safety organizations.

To the Committee on Transportation.

By Senator Bahre,

S. 216. An act relating to utility property valuation.

To the Committee on Finance.

By Senator Bahre,

S. 217. An act relating to recording fees.

To the Committee on Government Operations.

By Senator Ide,

S. 218. An act relating to prepaid tuition plan.

To the Committee on Education.

By Senator Ankeney,

S. 219. An act relating to improving the quality and affordability of child care services.

To the Committee on Health and Welfare.

By Senator Ankeney,

S. 220. An act relating to the operation of trucks on interstate highways.

To the Committee on Transportation.

By Senators Sears, Chard, Costes, Crowley, Ide, Leddy, Ready and Shumlin,

S. 221. An act relating to an expanded voting period for the 2000 general election.

To the Committee on Government Operations.

By Senators Munt and Rivers,

S. 222. An act relating to the coordination, financing and distribution of long-term care services.

To the Committee on Health and Welfare.

By Senator Illuzzi,

S. 223. An act relating to nonambulatory livestock.

To the Committee on Agriculture.

By Senator Illuzzi,

S. 224. An act relating to false personation.

To the Committee on Judiciary.

By Senator Illuzzi,

S. 225. An act relating to embezzlement.

To the Committee on Judiciary.

By Senator Illuzzi,

S. 226. An act relating to sexual exploitation of children.

To the Committee on Judiciary.

By Senator Illuzzi,

S. 228. An act relating to distinguished service medals.

To the Committee on General Affairs and Housing.

By Senator Illuzzi,

S. 229. An act relating to the penalty for fraudulent use or possession of a credit card or credit card number.

To the Committee on Judiciary.

By Senator Ready,

S. 230. An act relating to the use of fuel cells in net metering systems.

To the Committee on Natural Resources and Energy.

By Senators Kittell and Rivers,

S. 231. An act relating to the northeast states association for agricultural stewardship.

To the Committee on Appropriations.

By Senator Backus,

S. 232. An act relating to accessibility building standards for speculation housing.

To the Committee on General Affairs and Housing.

By Senator Leddy,

S. 233. An act relating to elderly self-neglect.

To the Committee on Health and Welfare.

By Senator Bartlett,

S. 234. An act relating to corrections regarding prohibition of discrimination in unfair labor practices.

To the Committee on General Affairs and Housing.

By Senators Ankeney, Cummings and Munt,

S. 235. An act relating to outreach services for Vermonters with dementia-related disorders.

To the Committee on Health and Welfare.

By Senator Shumlin,

S. 236. An act relating to military service credit.

To the Committee on Government Operations.

By Senator Bartlett,

S. 237. An act relating to minors and alcohol.

To the Committee on General Affairs and Housing.

By Senator Illuzzi,

S. 238. An act relating to simple assault.

To the Committee on Judiciary.

By Senator Ptashnik,

S. 239. An act relating to increasing unemployment compensation benefits and decreasing the unemployment insurance tax.

To the Committee on General Affairs and Housing.

By Senator Ready,

S. 240. An act relating to the management of stormwater runoff.

To the Committee on Natural Resources and Energy.

By Senator Ready,

S. 241. An act relating to regulating development surrounding limited access highway interchanges.

To the Committee on Natural Resources and Energy.

By Senators Canns and Illuzzi,

S. 242. An act relating to frivolous enforcement actions brought by the state.

To the Committee on Government Operations.

By Senator Riehle,

S. 243. An act relating to the tobacco control board.

To the Committee on Health and Welfare.

By Senator Ready,

S. 244. An act relating to establishing commercial building energy standards.

To the Committee on Natural Resources and Energy.

By Senators Doyle and Cummings,

S. 245. An act relating to Barre Opera House.

To the Committee on Institutions.

By Senators Doyle and Cummings,

S. 246. An act relating to additions to the checklist.

To the Committee on Government Operations.

By Senator Ready (by request),

S. 247. An act to prohibit the domestic sale of cigarettes manufactured for export.

To the Committee on General Affairs and Housing.

By Senator Illuzzi,

S. 248. An act relating to domestic partnerships.

To the Committee on Judiciary.

By Senator McCormack,

S. 249. An act relating to Medicaid and excluded resources.

To the Committee on Health and Welfare.

By Senator Rivers,

S. 250. An act relating to the Vermont Health Access Plan and prior insurance coverage.

To the Committee on Finance.

By Senator Rivers,

S. 251. An act relating to nonprofit hospital and medical service corporations.

To the Committee on Finance.

By Senator Rivers,

S. 252. An act relating to the Vermont Health Access Plan and Medicare eligibility.

To the Committee on Finance.

By Senator Rivers,

S. 253. An act relating to the Health Policy Council.

To the Committee on Health and Welfare.

By Senator Rivers,

S. 254. An act relating to quality assurance and consumer protection.

To the Committee on Health and Welfare.

By Senator McCormack,

S. 255. An act relating to discrimination on the basis of gender identity.

To the Committee on Judiciary.

By Senator McCormack,

S. 256. An act relating to child welfare actions.

To the Committee on Judiciary.

By Senators Doyle and Cummings,

S. 257. An act relating to the Montpelier Historical Society.

To the Committee on Appropriations.

By Senator Doyle,

S. 258. An act relating to credit reports and direct mail offers of credit.

To the Committee on General Affairs and Housing.

By Senator Doyle,

S. 259. An act relating to campaign finance and political parties.

To the Committee on Government Operations.

By Senator Doyle,

S. 260. An act relating to free tuition at UVM and VSC for children of law enforcement officers killed in the line of duty.

To the Committee on Education.

By Senator Doyle,

S. 261. An act relating to an increase in the penalty for taking game out of season.

To the Committee on Natural Resources and Energy.

By Senators Doyle and Rivers,

S. 262. An act relating to a free permanent hunting and fishing license for persons permanently disabled.

To the Committee on Natural Resources and Energy.

By Senator Illuzzi,

S. 263. An act relating to cemetery depth and fencing requirements.

To the Committee on General Affairs and Housing.

By Senators Backus, Ankeney, Bartlett, Chard, Costes, Cummings, Illuzzi and Shumlin,

S. 264. An act relating to health care coverage and pension benefits for essential human service workers.

To the Committee on Health and Welfare.

By Senator Doyle,

S. 265. An act relating to the trust investment account.

To the Committee on Government Operations.

By Senator Doyle,

S. 266. An act relating to deputy state's attorneys.

To the Committee on Judiciary.

By Senators Doyle and Rivers,

S. 267. An act relating to the travel and recreation council.

To the Committee on Government Operations.

By Senator Doyle,

S. 268. An act relating to certifying emergency response personnel.

To the Committee on Government Operations.

By Senator Doyle,

S. 269. An act relating to barbers and cosmetologists.

To the Committee on Government Operations.

By Senator Doyle,

S. 270. An act relating to granting credit to group C members of the teachers' retirement system for service during the years they elected not to be members of the system.

To the Committee on Government Operations.

By Senators Costes and Kittell,

S. 271. An act relating to capital construction aid for the Franklin Northwest Supervisory Union.

To the Committee on Education.

By Senators Doyle and Riehle,

S. 272. An act relating to the establishment of a conquer cancer motor vehicle registration plate.

To the Committee on Transportation.

By Senator McCormack,

S. 273. An act relating to wrecker plates.

To the Committee on Transportation.

By Senator Greenwood,

S. 274. An act relating to an appropriation to pay underpayments in state aid paid to the Coventry School District.

To the Committee on Education.

By Senators Illuzzi, Canns, Greenwood and Ready,

S. 275. An act relating to the Governor's ATV Council.

To the Committee on Transportation.

By Senator Sears,

S. 276. An act relating to the term of office for family court magistrates.

To the Committee on Judiciary.

By Senator Doyle,

S. 277. An act relating to respite care.

To the Committee on Health and Welfare.

By Senators Costes, Illuzzi, Munt and Sears,

S. 278. An act relating to penalties for animal cruelty and civil immunity for persons who report cruelty.

To the Committee on Judiciary.

By Senator Ankeney,

S. 279. An act relating to mobile home park closures.

To the Committee on General Affairs and Housing.

By Senators Costes and Illuzzi,

S. 280. An act relating to transporting animals in open vehicles.

To the Committee on Transportation.

By Senators Canns and Illuzzi,

S. 281. An act relating to the inspection of the onboard diagnostic system of a motor vehicle.

To the Committee on Transportation.

By Senator Crowley,

S. 282. An act relating to the town highway bridge maintenance program.

To the Committee on Transportation.

By Senator Illuzzi,

S. 283. An act relating to the use of heart defibrillator machines with appropriate training.

To the Committee on Health and Welfare.

By Senators Illuzzi and Sears,

S. 284. An act relating to transporting regulated drugs into places of detention.

To the Committee on Judiciary.

By Senators Bartlett, Ankeney, Canns, Costes, Crowley and Shumlin,

S. 285. An act relating to cash basis sales tax payments.

To the Committee on General Affairs and Housing.

By Senators Crowley, Bloomer and Maynard,

S. 286. An act relating to authorizing the drawdown of Lake Bomoseen.

To the Committee on Natural Resources and Energy.

By Senators Illuzzi and Ready,

S. 287. An act relating to expanding the dual goals of the housing and conservation trust to include activities designed to eliminate or abate sprawl.

To the Committee on Natural Resources and Energy.

By Senators Kittell, Ankeney, Costes, Illuzzi and Ready,

S. 288. An act relating to naming interstate rest areas in honor of Madeline Manahan.

To the Committee on Transportation.

By Senators Chard, Riehle and Sears,

S. 289. An act relating to postsecondary education for young adults who have been in state custody.

To the Committee on Education.

By Senators Maynard and Crowley,

S. 290. An act relating to loss of hunting privileges in Vermont if a hunting license is revoked by another state.

To the Committee on Natural Resources and Energy.

By Senators Cummings and Leddy,

S. 291. An act to create a permanent guardianship for minors.

To the Committee on Judiciary.

By Senators Munt, Rivers, Backus and Kittell,

S. 292. An act relating to early intervention for at-risk children between zero and five years of age.

To the Committee on Health and Welfare.

By Senator Bahre,

S. 293. An act relating to liability of producers of violent media events.

To the Committee on Judiciary.

By Senator Cummings,

S. 294. An act relating to the establishment of high-quality adult day care.

To the Committee on Health and Welfare.

By Senators Rivers, MacDonald and Ready,

S. 295. An act relating to genetically-engineered agricultural inputs.

To the Committee on Agriculture.

By Senator Illuzzi,

S. 296. An act relating to explosives and fireworks.

To the Committee on Judiciary.

By Senator Spaulding,

S. 297. An act relating to designating the state vegetable.

To the Committee on Agriculture.

By Senator Spaulding,

S. 298. An act relating to payment of fees for GED exams.

To the Committee on Education.

By Senator Spaulding,

S. 299. An act relating to distribution of wine by wineries.

To the Committee on General Affairs and Housing.

By Senators Rivers, Cummings, Kittell, Leddy, MacDonald, McCormack, Munt, Ready, Sears and Shumlin,

S. 300. An act relating to fair pricing of prescription drugs.

To the Committee on Health and Welfare.

Joint Resolutions Placed on Calendar

Joint resolution originating in the House of the following title was read the first time and is as follows:

J.R.H. 131. Joint resolution in memory of former Representative Arthur D. Pratt.

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.

Thereupon, in the discretion of the Chair, under Rule 51, the joint resolution was placed on the Calendar for action tomorrow.

Joint resolution originating in the House of the following title was read the first time and is as follows:

J.R.H. 132. Joint resolution honoring Charles Schulz, the father of the Peanuts Comic Strip.

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.

Thereupon, in the discretion of the Chair, under Rule 51, the joint resolution was placed on the Calendar for action tomorrow.

Joint resolution originating in the House of the following title was read the first time and is as follows:

J.R.H. 133. Joint resolution designating November 19, 2000, as Gold Star Mothers' Recognition Day.

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.

Thereupon, in the discretion of the Chair, under Rule 51, the joint resolution was placed on the Calendar for action tomorrow.

Joint resolution originating in the House of the following title was read the first time and is as follows:

J.R.H. 134. Joint resolution congratulating the Grace Cottage Hospital on 50 years of medical service.

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.

Thereupon, in the discretion of the Chair, under Rule 51, the joint resolution was placed on the Calendar for action tomorrow.

Joint resolution originating in the House of the following title was read the first time and is as follows:

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.

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.

Thereupon, in the discretion of the Chair, under Rule 51, the joint resolution was placed on the Calendar for action tomorrow.

Joint resolution originating in the House of the following title was read the first time and is as follows:

J.R.H. 136. Joint resolution honoring the AmeriCorps program of national service in Vermont.

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.

Thereupon, in the discretion of the Chair, under Rule 51, the joint resolution was placed on the Calendar for action tomorrow.

Joint resolution originating in the House of the following title was read the first time and is as follows:

J.R.H. 137. Joint resolution in memory of John Fitzgerald Kennedy, Jr., Carolyn Bessette Kennedy and Lauren Bessette.

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.

Thereupon, in the discretion of the Chair, under Rule 51, the joint resolution was placed on the Calendar for action tomorrow.

Joint resolution originating in the House of the following title was read the first time and is as follows:

J.R.H. 139. Joint resolution in memory of David Pearl Cilley.

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.

Thereupon, in the discretion of the Chair, under Rule 51, the joint resolution was placed on the Calendar for action tomorrow.

Joint resolution originating in the House of the following title was read the first time and is as follows:

J.R.H. 140. Joint resolution in memory of James Goldstone, co-founder and chair of the Vermont Film Commission.

Whereas, James Goldstone, a co-founder, 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 co-founder 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

Thereupon, in the discretion of the Chair, under Rule 51, the joint resolution was placed on the Calendar for action tomorrow.

Joint resolution originating in the House of the following title was read the first time and is as follows:

J.R.H. 142. Joint resolution designating January 29 as Thomas Paine Day.

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.

Thereupon, in the discretion of the Chair, under Rule 51, the joint resolution was placed on the Calendar for action tomorrow.

Joint resolution originating in the House of the following title was read the first time and is as follows:

J.R.H. 143. Joint resolution congratulating Matt Gissel on winning the 1999 National Monopoly Championship.

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.

Thereupon, in the discretion of the Chair, under Rule 51, the joint resolution was placed on the Calendar for action tomorrow.

Joint resolution originating in the House of the following title was read the first time and is as follows:

J.R.H. 144. Joint resolution extending best wishes for a speedy recovery to Robert Gensburg of St. Johnsbury.

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 Amanda 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.

Thereupon, in the discretion of the Chair, under Rule 51, the joint resolution was placed on the Calendar for action tomorrow.

Joint resolution originating in the House of the following title was read the first time and is as follows:

J.R.H. 146. Joint resolution in memory of George Hodge of Topsham.

Whereas, a native of Corinth, Vermont, George Hodge was a lifelong resident of Orange County, and

Whereas, he was employed in the bobbin manufacturing industry for nearly half a century, and

Whereas, George Hodge was a prominent participant and leader in the governmental and political affairs of Topsham, having served as school board director, grand juror, justice of the peace, fence viewer, chair of the town's budget committee for 26 years, and as chair of the Topsham Town Democratic Party Committee, and

Whereas, he was a deeply pious person, having been ordained an elder at the Topsham Presbyterian Church in 1936 where he was an active member for over 70 years, and

Whereas, George Hodge was long associated with many local organizations including Gideon's International, the Topsham Credit Union and the Valley Health Center of which he was a founder and trustee, and

Whereas, among the leisure activities that he enthusiastically pursued were gardening, fishing and photography, and

Whereas, most importantly, George Hodge was devoted to his family, including his wife Gertrude to whom he was wed for 59 years, his sons William and Paul, his daughters Georgianna, Martha and Cynthia, his 13 grandchildren and nine great-grandchildren, and

Whereas, with the passing of George Hodge, the town of Topsham has truly lost one of its leading luminaries and outstanding citizens, now therefore be it

RESOLVED BY THE SENATE AND HOUSE OF REPRESENTATIVES:

That the General Assembly extends its sincere sympathy to the family of George Hodge, who in so many ways made Topsham a better community, and be it further

RESOLVED: That the Secretary of State be directed to send a copy of this resolution to his widow Gertrude Hodge of Topsham.

Thereupon, in the discretion of the Chair, under Rule 51, the joint resolution was placed on the Calendar for action tomorrow.

Adjournment

On motion of Senator Shumlin, the Senate adjourned until eleven o'clock and thirty minutes in the morning.