Journal of the House
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THURSDAY, JANUARY 14, 1999
At nine o'clock and thirty minutes in the forenoon the Speaker called the
House to order.
Devotional Exercises
Devotional exercises were conducted by Reverend David Hall of Christ
Episcopal Church, Montpelier.
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
a joint resolutions of the following titles:
J.R.S. 4. Joint resolution relating to commemorating the sesquicentennial
of East Montpelier.
J.R.S. 5. Joint resolution relating to Town Meeting adjournment.
In the adoption of which the concurrence of the House is requested.
The Senate has considered joint resolutions originating in the House of the
following titles:
J.R.H. 1. Joint resolution in memory of former Representative Thomas M.
“Tom” Alberico.
J.R.H. 2. Joint resolution in memory of former Representative Gerald P.
“Gerry” Krasnow.
J.R.H. 3. Joint resolution in memory of former Representative Peter
Giuliani of Montpelier.
J.R.H. 4. Joint resolution in memory of former Speaker of the House Leroy
Eugene Lawrence of Sunderland.
J.R.H. 5. Joint resolution congratulating former Supreme Court Justice F.
Ray Keyser, Sr. on the occasion of his 100th birthday.
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J.R.H. 6. Joint resolution in memory of former Representative Alfred V.
Couture of Burlington.
J.R.H. 7. Joint resolution in memory of former Representative Thomas
Spater of Chester.
J.R.H. 8. Joint resolution in memory of former Representative George
Crosby.
J.R.H. 9. Joint resolution congratulating the Camels Hump Middle School
Odyssey of the Mind Vermont Championship Teams.
J.R.H. 12. Joint resolution congratulating the South Burlington High
School Football Rebels 1998 Division III Championship team.
And has adopted the same in concurrence.
Joint Resolution Placed on Calendar
The Speaker placed before the House the following resolution which was
read and in the Speakers discretion, placed on the Calendar for action
tomorrow under Rule 52.
J.R.H. 14
Joint resolution in memory of former Representative Elmer L. Faris of
Barnet
Offered by: Representative Larocque of Barnet
Whereas, Elmer Faris resided throughout his long life in the village of
Mosquitoville, and
Whereas, he was a graduate of Peacham Academy, on whose board of
trustees he subsequently served as both a member and its president, and
Whereas, Elmer Faris’ professional and personal life centered on the
outdoors, and
Whereas, Elmer Faris worked as a dairy farmer, and for 19 years as the
chief investigator and enforcement officer for the Vermont Department of
Water Resources, and
Whereas, he actively shared his enthusiasm for the outdoors through his
membership in many hunting and fishing organizations, and
Whereas, Elmer labored on behalf of the citizens of Barnet as both a
selectboard member and school director, and
Whereas, his knowledge of state government, and demonstrated
commitment to the civic well-being of his community, prompted his neighbors
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THURSDAY, JANUARY 14, 1999
to elect Elmer Faris to the Vermont House of Representatives for six
consecutive terms, and
Whereas, he was devoted to the Presbyterian Church in whose governance
he was an active participant, and
Whereas, Elmer Faris cared deeply about preserving the heritage, values,
and way of life that historically have been associated with rural northern
Vermont, and
Whereas, his many friends in the General Assembly will fondly remember
Elmer Faris as the mayor of Mosquitoville in recognition of his role as a
much-respected leader in his native village, and
Whereas, for 60 years he was the loving husband of Aline Faris, and was
the proud father of one daughter, Patricia and three sons, Kenneth, Douglas
and Theodore, and had four grandchildren, 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 Elmer L. Faris, and be it further
Resolved: That the Secretary of State be directed to send a copy of this
resolution to Mrs. Aline Faris.
Joint Resolution Referred to Committee
J.R.H. 15
Rep. Randall of Bradford offered a joint resolution, entitled
Joint resolution establishing a Bill of Rights Day;
Whereas, the Bill of Rights of the United States Constitution was ratified on
December 15, 1791, and
Whereas, a Bill of Rights Day would remind the citizens of Vermont that
they do possess certain inalienable rights, and
Whereas, a Bill of Rights Day would remind all members of government
that they are to serve the citizens, not to rule them, and that the citizens always
hold the right to restrain government, now therefore be it
Resolved by the Senate and House of Representatives:
That December 15, 1999, and every December 15 thereafter, be declared
Bill of Rights Day in Vermont, and be it further
Resolved: That all governmental bodies in Vermont are encouraged to
observe the annual Bill of Rights Day in a manner that brings to mind the
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meaning and importance of each of the ten provisions contained therein, and be
it further
Resolved: That on Bill of Rights Day, the Bill of Rights should be read in
all government-operated schools, and in all government meetings and
courtrooms convening that day, and be it further
Resolved: That on the first legislative session day following Bill of Rights
Day, the Bill of Rights shall be read aloud, in both houses of the legislature.
Which was read and, in the Speakers discretion, treated as a bill and
referred to the Committee on General, Housing and Military Affairs.
Joint Resolutions Placed on Calendar
Joint resolutions of the following titles were severally read and in the
Speaker’s discretion, placed on the Calendar for action tomorrow under Rule
52.
J.R.H. 16
Reps. Brooks of Montpelier, Dunne of Hartland and Obuchowski of
Rockingham offered a joint resolution, entitled
Joint resolution commemorating the 30th anniversary of the Apollo 11
Lunar Landing;
Whereas, for centuries, human beings have dreamed of traveling to the far
away and alluring constellations and galaxies whose twinkling lights grace
earth’s sky at night, and
Whereas, in May 1961, shortly after Alan Shepard became the first
American to successfully ride into space, President John F. Kennedy pledged
to the American people that this nation would land a man on the moon, and
return him safely to earth, before the conclusion of the 1960s, and
Whereas, a successful round trip to our nearest celestial neighbor, the moon,
was an essential introduction to interplanetary exploration, and
Whereas, by working diligently, and despite intervening tragedy, the Apollo
11 command module, under the expert guidance of American astronauts Neil
Armstrong and Buzz Aldrin, on July 20, 1969, successfully landed on the
moon, and
Whereas, this momentous success led the National Aeronautics and Space
Administration (NASA) to launch the Skylab and shuttle programs, and
Whereas, unlike a generation ago, there is now international cooperation in
space ventures that serves as the foundation for the new space station being
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THURSDAY, JANUARY 14, 1999
constructed in the heavens as a platform for astronomical and planetary study,
and
Whereas, as the community of nations commences this new era in space
endeavors, it is timely to recall the 30th anniversary of the first manned lunar
landing, now therefore be it
Resolved by the Senate and House of Representatives:
That the Vermont General Assembly is honored to commemorate the 30th
anniversary of the Apollo 11 Lunar Landing, and be it further
Resolved: That beginning in 1999, the twentieth of July of each year shall
be designated as Space Exploration Day, and be it further
Resolved: That the Secretary of State be directed to send a copy of this
resolution to the executive director of NASA in Washington, D.C.
J.R.H. 17
Offered by: The Health and Welfare Committee
Joint Resolution Relating to the Multi-State Tobacco Liability Settlement
Whereas, the tobacco industry has manufactured and sold products that are
responsible for the illness and death of hundreds of Vermonters every year, and
Whereas, Vermont, through its Medicaid program, spends millions of
dollars each year to treat the diseases caused by tobacco products, and
Whereas, the Vermont Attorney General, together with the Attorneys
General of the other states, has entered into a settlement agreement whereby
the tobacco industry has agreed to compensate the states for their tobaccorelated expenses, and
Whereas, it is the states which have been the leaders in recent years in the
fight against the tobacco industry for justice and public health, and
Whereas, some parties in Washington D.C. have suggested that the federal
government, after failing to address the public health threat posed by the
tobacco industry, should now be entitled to collect the majority of the
monetary recovery due from the tobacco industry for the harm caused to
Vermonters and the citizens of other states, and
Whereas, states such as Vermont have demonstrated that they are far more
capable, in the current environment, of addressing the tobacco-related illnesses
and other health care needs of their citizens than the federal government, and
Whereas, Vermont’s recent experience with the federal government and
health care policy has been one of frustration and disappointment over the
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intransigence and inflexibility displayed by Congress and the Health Care
Financing Administration, now therefore be it
Resolved by the Senate and the House of Representatives:
That the State of Vermont hereby expresses its adamant opposition to any
financial outcome of the multi-state tobacco settlement that does not include
transfer to and retention by Vermont, notwithstanding any third-party claims
by the federal government, of Vermont’s entire allocation of the award of
damages for the harm caused by the tobacco companies to Vermont and
Vermonters, and be it further
Resolved: That the State of Vermont hereby expresses its strong interest in
ensuring that Vermont retains maximum flexibility in designing and
implementing tobacco control, prevention and health care programs that are
effective and appropriate in meeting Vermonters’ health care needs, and be it
further
Resolved: That the Secretary of State is directed to send this Resolution to
the President of the United States and Vermont’s Congressional delegation.
J.R.H. 18
Offered by: Representatives Knox of Northfield, Koch of Barre Town,
Vinton of Colchester and Voyer of Morristown
Joint resolution authorizing the use of the State House by the Green
Mountain Boys’ State Program
Whereas, the Green Mountain Boys’ State Program brings together high
school students from all areas of Vermont to our capital city in order to view
firsthand the workings of state government, and
Whereas, the lessons learned by those students make a significant
contribution to their future growth as informed citizens and leaders of our state,
now therefore be it
Resolved by the Senate and House of Representatives:
That the Sergeant at Arms shall make available the chambers of the State
House for the Green Mountain Boys’ State Program on Thursday, June 24,
1999 from 8:30 am to 4:30 pm.
J.R.H. 19
Offered by: Representatives Bristol of Brattleboro, Costello of Brattleboro,
Darrow of Dummerston, Darrow of Newfane, Deen of Westminster, Milkey of
Brattleboro, Obuchowski of Rockingham, Partridge of Windham and Rusten of
Halifax
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THURSDAY, JANUARY 14, 1999
Joint resolution in memory of former Representative Anthony C.
Buraczynski of Brattleboro
Whereas, Anthony C. “Tony” Buraczynski, whose life began and concluded
in New Hampshire, was a leading civic and political leader in Windham
County, and
Whereas, while residing in Torrington, Connecticut, he opened a catering
business where he developed a flair for the fine culinary art of Polish cooking
that years later attracted the attention of First Lady Rosalyn Carter, and
Whereas, Tony Buraczynski experienced his first taste of electoral politics
as a member of the Torrington Town Council, and
Whereas, after returning to the north country and settling in Brattleboro,
Tony Buraczynski operated several locally popular businesses, including
King’s Cabins, King’s Bowling Center and King’s Drive-in, and
Whereas, in 1962, seeking to represent the citizens of Brattleboro in the
Vermont General Assembly, he successfully stood for election to the House of
Representatives, and
Whereas, his superb legislative skills and outgoing personality were the
hallmarks of his 26 years of representational service and earned him the
well-deserved honor of Dean of the House, and
Whereas, he brightened the long winter nights in Montpelier through his
successful effort to revitalize Farmers’ Night as a Wednesday night State
House tradition that now features a diverse cornucopia of music, drama and
dance performances, and
Whereas, Tony Buraczynski was active in many fraternal organizations,
including the Eagles, the Elks, the Knights of Columbus and the Rotary, whose
Brattleboro chapter honored him as its first Paul Harris Fellow, and
Whereas, Tony Buraczynski was happily married to his wife Katherine for
63 years, and was a loving father, grandfather and great-grandfather, 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 Anthony C. Buraczynski on the passing of the House’s
much admired long-time colleague and dean, and be it further
Resolved: That the Secretary of State be directed to send a copy of this
resolution to Katherine Buraczynski.
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52
J.R.S. 4.
Joint resolution relating to commemorating the sesquicentennial of East
Montpelier.
Whereas, the geographic area that is today encompassed within the
municipal boundary of East Montpelier was first incorporated in 1770 when
the crown colony of New York issued a charter or patent for the town of Kilby
in Albany County, and
Whereas, in 1781, the Vermont General Assembly incorporated the town of
Montpelier and included within this new municipality’s territory the present
town of East Montpelier, and
Whereas, in 1805, the Vermont General Assembly designated the town of
Montpelier as Vermont’s first permanent state capital, and
Whereas, the presence of the state capital spawned the development of a
thriving village along the banks of the Onion River which the General
Assembly separately incorporated in 1818, and
Whereas, the growing village was still considered a stepchild of the uphill
eastern portion of the town of Montpelier which still received the largest
proportion of highway taxes and served as the location of Town Meeting, and
Whereas, in 1848, legislation was introduced to divide Montpelier into two
towns, Montpelier and East Montpelier, and
Whereas, the residents of the uphill or eastern section of Montpelier
objected to this legislatively-mandated municipal split that, contrary to the
usual custom, had not been debated and approved at Town Meeting, and
Whereas, with the support of the village residents, the General Assembly,
which, pursuant to Chapter II, § 65 of the Vermont Constitution has the
express authority, regardless of a town’s actions to constitute towns, adopted
the measure as Act No. 6 of the 1848 legislative session, and
Whereas, despite the initial complaints, the residents of East Montpelier
came to appreciate the advantages of the division, and
Whereas, in commemoration of the town of East Montpelier’s
sesquicentennial anniversary, Assistant Town Clerk Paulie Coburn and Ann
Ormsbee have compiled an attractive, informative sesquicentennial calendar
that features old photographs and quotes from historical sources and Jennifer
Boyer has designed a handsome sesquicentennial commemorative plate, and
Whereas, most significantly, the proceeds from the sale of these items will
be used to restore East Montpelier town records so that they will be accessible
for future generations, and
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THURSDAY, JANUARY 14, 1999
Whereas, this combination of East Montpelier’s sesquicentennial
anniversary with a renewed effort to preserve the town’s documentary history
is a very laudable endeavor that can serve as an example for other
municipalities, now therefore be it
RESOLVED BY THE SENATE AND HOUSE OF REPRESENTATIVES:
That the General Assembly extends its congratulations to the town of East
Montpelier on its sesquicentennial anniversary and commends the citizens of
East Montpelier for using the occasion of this anniversary to better preserve
the town’s documentary history, and be it further
RESOLVED: That the Secretary of State be directed to send a copy of this
resolution to the chair of the East Montpelier Selectboard, to East Montpelier
Assistant Town Clerk, Paulie Coburn, to Ann Ormsbee, and to Jennifer Boyer.
J.R.S. 5.
Joint resolution relating to Town Meeting adjournment.
RESOLVED BY THE SENATE AND HOUSE OF REPRESENTATIVES:
That when the two Houses adjourn on Friday, February 26, 1999, or
Saturday, February 27, 1999, it be to meet again no later than Tuesday, March
9, 1999, at ten o’clock in the forenoon.
House Bills Introduced
House bills of the following titles were severally introduced, read the first
time and referred as follows:
H. 32
By Rep. Sullivan of Burlington,
An act relating to municipal speed limits of 15 miles per hour;
To the committee on Transportation.
H. 33
By Rep. Brooks of Montpelier,
An act relating to witness travel expense reimbursement rate;
To the committee on Judiciary.
H. 34
By Reps. Sullivan of Burlington, Bouricius of Burlington, Clark of St.
Johnsbury, Corren of Burlington, Hingtgen of Burlington, Stevens of Newbury
and Zuckerman of Burlington
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An act relating to doing business with Burma (Myanmar);
To the committee on Government Operations.
H. 35
By Rep. LaBarge of Grand Isle,
An act relating to land conveyance in Grand Isle;
To the committee on Institutions.
H. 36
By Rep. Brooks of Montpelier,
An act relating to covering vehicles which transport loose cargo;
To the committee on Transportation.
H. 37
By Rep. Brooks of Montpelier,
An act relating to recreational vehicle sales and leases;
To the committee on Transportation.
H. 38
By Reps. Keenan of St. Albans City, Dominick of Starksboro, Mazur of
South Burlington, Milkey of Brattleboro, Moore of Rutland City, Parizo of
Essex, Smith of Sudbury, Vincent of Waterbury and Young of Orwell,
An act relating to secondary notice of life insurance cancellations;
To the committee on Commerce.
H. 39
By Reps. Keenan of St. Albans City, Anderson of Woodstock, Barbieri of
Wallingford, Carmolli of Rutland City, Colvin of Bennington, Dakin of
Colchester, Dominick of Starksboro, Edwards of Swanton, Hathaway of
Barton, Houston of Ferrisburgh, Hube of South Londonderry, Larocque of
Barnet, Mazur of South Burlington, Mazzariello of Rutland City, Milkey of
Brattleboro, Moore of Rutland City, Parizo of Essex, Partridge of Windham,
Schiavone of Shelburne, Smith of Sudbury, Vincent of Waterbury, Vinton of
Colchester and Young of Orwell,
An act relating to computer crimes;
To the committee on Judiciary.
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THURSDAY, JANUARY 14, 1999
Rules Suspended to take up amendment to Rule 3(b)
Rep. Tracy of Burlington moved that the rules be suspended to take up the
amendment to Rule 3(b) as follows:
House Rule 3(b) is amended until January 16, 1999, to read:
(b) Representatives who are not present to take this oath shall, when
they are present; take and subscribe the oath which shall be administered to
them by the Clerk, in the State House.
Which was agreed to.
Thereupon, the amendment was agreed to.
Joint Resolution Adopted
J.R.H. 13
Joint resolution relating to in memory of former Representative Thomas
Henry Candon of Rutland City;
Was taken up and adopted on the part of the House.
Adjournment
At nine o’clock and fifty minutes in the forenoon, on motion of Rep. Fyfe
of Newport City, the House adjourned.