1331 Tuesday, May 2, 2000

Journal of the House

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Tuesday, May 2, 2000

At nine o'clock and thirty minutes in the forenoon the Speaker called the House to order.

Devotional Exercises

Devotional exercises were conducted by Representative Thomas Koch of Barre Town.

House Resolution Referred to Committee

H.R. 41

Reps. Bouricius of Burlington and Corren of Burlington offered a House resolution, entitled

House resolution directing the convening of an executive session of a committee of the whole and the issuing of a subpoena to the auditor of accounts;

Whereas, the Vermont Economic Progress Council, pursuant to section 5930a of Title 32, is charged with approving tax stabilization agreements and tax exemptions and credits to certain businesses, and

Whereas, in total, the various tax expenditures that the council has approved exceed the total amount of money available in all of the state’s general and transportation fund stabilization reserves, and exceed the state’s total annual corporate income tax revenues, and

Whereas, the House Committee on Ways and Means has introduced H.859 to revise the statutes governing the council, including the accountability, guidelines and limits for approving stabilization agreements and awarding tax exemptions and credits, and

Whereas, the auditor of accounts has conducted an audit of the council’s activities, pursuant to a confidentiality protocol between the auditor and the council, and

Whereas, the audit report will not be released publicly until after the council has completed reviewing the document which is not scheduled to occur until after the projected adjournment date of the General Assembly, and

Whereas, the audit report is essential information for the House in its consideration of H.859, which however must remain confidential until publicly released by the auditor, and

Whereas, pursuant to Rule 83 of the House of Representatives, the House may resolve itself into a committee of the whole, and

Whereas, sitting as a committee of the whole, the House can meet in executive session, pursuant to Chapter II, Section 8 of the Vermont Constitution, to review the audit of the council while maintaining confidentiality, and

Whereas, the appropriate mechanism for the House to obtain the audit, prior to its public release, is for the House to exercise its inherent subpoena authority, now therefore be it

Resolved by the House of Representatives:

That on Thursday, May 4, the House shall resolve itself into a committee of the whole for the exclusive purpose of meeting in executive session to review the audit report prepared by the auditor of accounts regarding the Vermont Economic Progress Council, and be it further

Resolved: That the members and officers of the House shall swear or affirm to maintain the confidentiality of all information obtained in the executive session, and be it further

Resolved: That members of the auditor’s staff as designated by the auditor, members of the Vermont Economic Progress Council board and its staff as designated by the chair of the board, and staff of the legislative council as designated by the chief legislative counsel, similarly sworn, shall be permitted to be presented during the executive session, and be it further

Resolved: That the legislative council shall draft a subpoena directing the auditor of accounts to appear in the House chamber on Thursday, May 4, 2000 at 10:00 a.m. for an executive session of the committee of the whole, and shall bring with him 152 numbered copies legended “CONFIDENTIAL” of the audit report related to the Vermont Economic Progress Council which shall be retained by the auditor at the conclusion of the executive session, and be it further

Resolved: That the sergeant at arms is directed to serve the auditor of accounts with a copy of the subpoena no later than 5:00 p.m. on Tuesday, May2, at the auditor’s office in Montpelier, and be it further

Resolved: That the Clerk of the House is directed to send a copy of this resolution to the auditor of accounts, the Vermont Economic Progress Council, the chief legislative counsel and to the sergeant at arms.

Which was read and, in the Speaker’s discretion, treated as a bill and referred to the committee on Rules.

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. 258

Joint resolution designating September 24 as juvenile diabetes awareness day

Offered by: Representatives Edwards of Swanton, Allard of St. Albans Town, Barney of Highgate, Gervais of Enosburg, Howrigan of Fairfield, Keenan of St. Albans City, Neiman of Georgia, Perry of Richford and Robb of Swanton

Whereas, the students of Swanton Central School are trying to raise the awareness of juvenile diabetes, and

Whereas, one of their close friends was recently diagnosed with juvenile diabetes, and

Whereas, everyday, for the rest of his life, their friend must inject himself with four shots of insulin, and prick his finger five times to monitor his blood sugar level, and

Whereas, their friend must carefully watch his diet and exercise appropriately, and

Whereas, diabetes, regardless of the type, is a serious disease, and

Whereas, every three minutes, an American dies from diabetes, and every 40 seconds, someone is diagnosed with diabetes, and

Whereas, a diabetic is more likely to get strokes, experience kidney failures, get nerve disease, go blind, or suffer from heart disease, and

Whereas, diabetes is a disease no one can predict, and is the sixth leading cause of death in the United States, and

Whereas, diabetes is a disease which affects millions of persons and their families, and

Whereas, 35,000 Vermonters have diabetes and approximately 250 are afflicted with juvenile diabetes, and

Whereas, nationally, 16 million Americans suffer from diabetes, and unfortunately, 5.4 million of these persons are not diagnosed, and

Whereas, worldwide, 120 million persons have diabetes, and the World Health Organization estimates this number will increase to 300 million by the year 2025, and

Whereas, it is extremely important that every Vermonter be made aware that diabetes can strike him or her at any time, and that education is the best way to overcome its effects on the world’s population, now therefore be it

Resolved by the Senate and House of Representatives:

That the General Assembly designates September 24 of each year as Juvenile Diabetes Awareness Day, and be it further

Resolved: That the Secretary of State be directed to send a copy of this resolution to the Vermont affiliate of the American Diabetes Association, and to the Swanton Central School.

J.R.H. 259

Joint resolution designating March 16, 2001 as Liberty Day

Offered by: Representatives Helm of Castleton and Rogers of Castleton

Whereas, the liberties Vermonters cherish are enshrined in the Declaration of Independence, the United States Constitution, and the first ten amendments to the Constitution known as the Bill of Rights, and

Whereas, James Madison, was a primary drafter of the United States Constitution which replaced the ineffective Articles of Confederation as the basis of our form of national government, and

Whereas, James Madison maintained detailed written accounts of the Constitutional Convention that were not published until the last of the document’s signers, who was James Madison, died, and

Whereas, James Madison, in collaboration with Alexander Hamilton and John Jay, wrote a series of newspaper articles urging the states to ratify the new Constitution, and

Whereas, these historically significant articles became collectively known as the “Federalist Papers”, and remain a fundamental resource outlining the political theories that shaped the government of the United States, and

Whereas, James Madison held many important positions in the government of the United States, including United States Congressman, Secretary of State and ultimately, President of the United States, and

Whereas, March 16, 2001 marks the 250th anniversary of the birth of James Madison, now therefore be it

Resolved by the Senate and House of Representatives:

That the General Assembly designates March 16, 2001 as Liberty Day in Vermont.

J.R.H. 260

Joint resolution congratulating Richard Goodro on his distinguished municipal public service career in the town of Middlebury

Offered by: Representatives Ginevan of Middlebury and Nuovo of Middlebury

Whereas, Richard Goodro has served the citizens of Middlebury as a dedicated municipal public servant for over a quarter of a century, and

Whereas, he first assumed public office in 1974, when the voters elected him as Middlebury Town Auditor, and

Whereas, the citizens of Middlebury were so pleased with his performance as town auditor, that at the annual town meeting in 1976, they elected Richard Goodro to the important joint positions of town clerk and town treasurer, and

Whereas, he courteously, diligently and faithfully executed the duties prescribed for each of these offices, pursuant to the Middlebury Charter and ordinances for the following 23 years, as the voters always renewed his electoral contract at the expiration of his term, and

Whereas, Richard Goodro’s talents and wisdom were recognized beyond his home municipality’s borders as he was appointed to the state’s Public Records Advisory Board and several panels under the jurisdiction of the Secretary of State, and

Whereas, he is one of the very few Vermont town clerks who has graduated from the New England town clerk certification program, the classes for which were held in Rhode Island, and

Whereas, Richard Goodro volunteered many hours for, and was an active member of, the Vermont Town Clerks and Treasurers Association, and

Whereas, when not working on matters related to Middlebury municipal affairs or the interests of all Vermont’s town governments, he participated in a number of worthy activities, including the Middlebury Music Boosters, of which he served as president, the Middlebury Community Players and the Addison County Court Diversion Board on which he continues to serve, and

Whereas, along with his wife Daryl, he has fostered improved international relations by hosting foreign students who are attending Middlebury High School, and then remaining in contact with these students after they return to their native lands, and

Whereas, after distinguishing himself as an exemplary municipal public servant, Richard Goodro is now enjoying his retirement while continuing as an active citizen of Middlebury, now therefore be it

Resolved by the Senate and House of Representatives:

That the General Assembly congratulates Richard Goodro on his many contributions to the administration of municipal government, in both Middlebury and all of Vermont, and wishes him a happy retirement with his wife and family, and be it further

Resolved: That the Secretary of State be directed to send a copy of this resolution to Richard Goodro in Middlebury.

J.R.H. 261

Joint resolution in memory of Giovanni “John” Zampieri

Offered by: Representative Larocque of Barnet

Whereas, John Zampieri devoted four decades to serving the citizens of Ryegate in a variety of municipal offices, and

Whereas, he commenced his town government career as a village trustee, and

Whereas, after closely monitoring the village’s operations, John Zampieri shifted his focus to public education as he sat on the town’s school board, and

Whereas, over the subsequent years, he has dedicated many hours to his local government duties, serving as a selectman, member of the board of civil authority and, most recently, until his death, as a cemetery commissioner, and

Whereas, in recognition of his over 40 years as an outstanding local official in Ryegate, on January 11, 2000, John Zampieri was inducted into the Secretary of State’s Town Officials Hall of Fame, and

Whereas, he was an active member, for over half a century, in the Pulaski Masonic Lodge, and for many years also belonged to the Cohase Lions Club in Well River, and

Whereas, he was a long standing member of the Woodsville Cottage Hospital’s Board of Trustees, and

Whereas, John Zampieri was employed for 15 years as a field man for the Cabot Cooperative, and

Whereas, he was the husband of Beatrice “Bea” Zampieri, the father of a daughter Vicki, four sons John, Michael, David and Thomas and seven grandchildren, and

Whereas, John Zampieri’s family and many friends will honor him at a memorial service to be held on Saturday, May 20 at 1:30 p.m. at the South Ryegate United Presbyterian Church where he worshiped for many years, now therefore be it

Resolved by the Senate and House of Representatives:

That the General Assembly extends its sincere condolences to the family of the late Giovanni “John” Zampieri, and be it further

Resolved: That the Secretary of State be directed to send a copy of this resolution to Beatrice Zampieri in South Ryegate.

J.R.H. 262

Joint resolution in memory of former Commissioner of Fish and Game, Edward F. Kehoe

Offered by: Representatives Helm of Castleton and Holmes of Bethel

Whereas, Edward F. Kehoe’s outstanding 17-year tenure, as Vermont’s most historically significant Commissioner of Fish and Game, was a period of innovative and inspiring leadership in the field of wildlife resource management, and

Whereas, Edward F. Kehoe’s life reflected a deep love for his native Vermont, and a determination to preserve the state’s natural heritage, while attentive to the needs and concerns of the state’s hunting and fishing communities, and

Whereas, Edward F. Kehoe was a Rutland native and, subsequent to graduation from Rutland High School, entered the United States Army, and

Whereas, Edward F. Kehoe was wounded during his World War II military service at the Battle of the Bulge and was awarded many military honors, including two Bronze Battle Stars, an American Campaign Medal, the Good Conduct Medal and a Purple Heart, and

Whereas, on returning home to Vermont, Edward F. Kehoe enthusiastically pursued his love of the outdoors as an avid hunter and angler, and

Whereas, when not casting his bait along a stream, or hunting in the woods, Edward F. Kehoe served as Castleton Town Manger from 1955 through 1965 and also served a term in the General Assembly, and

Whereas, while not a professional biologist, Edward F. Kehoe’s extensive experience as a sportsman, and his leadership skills, ideally suited him for the position of Commissioner of Fish and Game to which Governor Phil Hoff appointed him on August 16, 1965, and

Whereas, Edward F. Kehoe successfully met the challenges related to the crucial deer herd management issue, and

Whereas, his years at the department featured numerous milestones, including the establishment of two Green Mountain Conservation Camps to imbue young Vermonters with the requisite knowledge to safely and competently hunt and fish, and the expansion of the state’s wildlife management areas, and