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JOURNAL OF THE SENATE OF THE STATE OF ALABAMA FIRST EXTRAORDINARY SESSION OF 1996 HELD IN THE CITY OF MONTGOMERY COMMENCING MONDAY, JANUARY 8, 1996 VOL.1 WITH AN INDEX PREPARED BY THE SECRETARY OF THE SENATE CONTENT To facilitate research in the Senate Journal, the following informa tion is included at the end for your convenience: 1. Legislative roster, listing names and addresses of all members of the current Legislature by district; 2. Listing of legislative days, with calendar dates and pages on which each day begins; 3. Topic index of general bills listed alphabetically by subject matter; 4. Topic index of local bills listed alphabetically by counties; 5. Topic index of resolutions; 6. Miscellaneous index, including all items not categorized as bills or resolutions; 8. Sponsor index, listing all Senate bills and resolutions alpha betically by author; 9. Senate bill numerical index, with short titles; 10. House bill numerical index, with short titles; 11. Senate joint resolution, Senate resolution numerical index, with short titles; 12. House joint resolution numerical index, with short titles; 13. Actlndex. Copyright 1996 State of Alabama JOURNAL OF THE SENATE OF THE STATE OF ALABAMA FIRST EXTRAORDINARY SESSION OF 1996 FIRST LEGISLATIVE DAY MONDAY, JANUARY 8, 1996 BE IT REMEMBERED, that on the 8th day of January, A.O., 1996, Fob James, Jr., Governor of the State of Alabama, issued his procla mation in words and figures as follows, to-wit: STATE OF ALABAMA PROCLAMATION BY THE GOVERNOR WHEREAS, there exists an extraordinary occasion in the State of Alabama, which demands the convening of the Legislature of Alabama, in extraordinary session, as prescribed by Article V, Section 122 of the Con stitution of Alabama of 1901. NOW, THEREFORE, I, Fob James, Jr. as Governor of the State of Alabama, do hereby proclaim and direct that the Legislature of the State of Alabama shall convene in extraordinary session at the seat of government, Alabama State House, in Montgomery, Alabama at 12 o'clock noon on January 8, 1996 and do hereby designate the following subjects and mat ters, which I, as Governor, deem necessary to be considered and acted upon by said Legislature, in extraordinary session assembled: 1. Legislation to propose an amendment to the Constitution of 4 JOURNAL OF THE SENATE, 1996 1st Day Alabama of 1901, to provide for punitive damages in civil actions and spe cific provisions governing punitive damages in the courts of this state. 2. Legislation to amend Section 6-5-391 and 6-5-410, Code of Alabama, 1975, relating to wrongful death, to provide that compensatory damages may be recovered in civil actions for wrongful death. 3. Legislation to amend Section 6-5-100, Code of Alabama 1975, relating to a right of action for fraud, to provide further for the right of action by requiring the element of reasonable reliance. 4. Legislation to provide for mandatory mediation prior to trial and at any time where requested by all parties, any party, or by order of the court. 5. Legislation to provide for the recovery of compensatory dam ages for emotional distress and mental anguish; prohibiting the recovery by bystanders, witnesses, or observers, of a physical injury suffered by an other; and providing that the act shall not be construed to grant or create a cause of action or to apply to actions of wrongful death. 6. Legislation to create a privilege known as the "Self-Analysis Privilege" which allows an organization to refuse disclosure of certain in formation. 7. Legislation to amend Section 6-3-21.1, Code of Alabama, 1975, relating to a change or transfer of venue in civil actions, to provide that in exercising its discretion to transfer an action or claim the trial court may give plaintiff's choice of forum a preponderance of weight greater than any other single factor considered alone, but shall not be required to give such choice great weight. 8. Legislation to amend Rule 47 of the Alabama Rules of Civil Procedure, relating to the selection of jurors and alternate jurors, and to provide further for the selection of jurors. 9. Legislation to amend Rule 51 of the Alabama Rules of Civil Procedure, relating to the instructions to the jury by the court, to require that a judge provide the jury with a written copy of all jury instructions to be included in the court's charge. 10. Legislation to provide further for offers of judgment prior to trial in the circuit courts of the state; to amend Rule 68 of the Alabama Rules of Civil Procedure relating to offers of judgment; to provide that an FIRST EXTRAORDINARY SESSION 5 1st Day offe r or demand by one party to an adverse party to allow judgment to be taken against the offerer may be accepted within 10 days after service of the offer or demand or such or other period of time as the offer or demand may state; to provide that such an offer or demand, if not accepted within 10 days after service thereof (if the offer is silent as to the time for which it shall remain open), or within any period the offer may state, shall be deemed to have been rejected; to require payment of certain attorneys' fees and out of-pocket expenses if last demand was greater than $50,000 or less, and if the offer is found to have been unreasonably rejected, then upon motion of the opposing party, the trial court may order reimbursement of some or all attorney's fees and out-of-pocket expenses; to require an order on said mo tions; and to provide for an appeal. 11. Resolution calling for promulgation of a rule by the Supreme Court of Alabama. 12. Legislation providing for revisions to Alabama's laws govern ing medical malpractice. 13. Legislation providing for revisions to Alabama's laws govern ing products liability. 14. Legislation to amend the Mini-Code (Sections 5-19-1, et seq. of the Code of Alabama, 1975). 15. Legislation concerning the liability of a principal for the con duct of an agent. 16. Other legislation to secure reforms in the civil justice system. 17. Local legislation which requires consideration by the legisla ture at this particular time. IN WITNESS WHEREOF, I have hereunto set my hand as Gover nor of the State of Alabama and caused this Proclamation to be attested by the Secretary of State at the State Capitol, in the City of Montgomery, on this the 3rd day of January, 1996. FOB JAMES, JR., Governor. ATTEST: JIM BENNETT, Secretary of State. 6 JOURNAL OF THE SENATE, 1996 1st Day Pursuant to such proclamation at the hour of 12 o'clock Noon, Monday, January 8, 1996, the Senators in the Legislature of Alabama as sembled in the Senate Chamber. The Senate was called to order by Lieutenant Governor Siegelman, President and Presiding Officer of the Senate. McDowell Lee, Secretary, was present and acted as such according to law. PRAYER The Session was opened with prayer by the Reverend Jiles Wil liams, Jr., Pastor, New Providence Missionary Baptist Church, Montgom ery, Alabama. PLEDGE OF ALLEGIANCE The Senators were led in the Pledge of Allegiance to the Flag of the United States of America by Davis Prince, Taylor Road Academy, Mont gomery, Alabama. ROLL CALL Present: Senators: Adams, Amari, Armistead, Bailey, Barron, Bedford, Biddle, Butler, Clay, Davidson, Denton, Dial, Dixon, Figures, Freeman, Ghee, Hale, Hill, Lang ford, Lindsey, Lipscomb, Little, McClain, Mitchell, Mitchem, Myers, Poole, Roberts, Sanders, Smith, Smitherman, Steele, Waggoner, and Windom-34 LEAVE OF ABSENCE On motion of Senator Mitchell, leave of absence was granted Sena tor Escott-Russell for today. MOTION TO ADJOURN Senator Mitchell moved that when the Senate adjourns today, it adjourn to meet again on Tuesday, January 9, 1996, at 11 o'clock A.M., which motion was adopted. RESOLUTION Senator Mitchell offered the following Senate Joint Resolution, to- wit: SJR 1. COMMITTEE APPOINTED TO NOTIFY GOVER- NOR THAT LEGISLATURE IS IN SESSION. FIRST EXTRAORDINARY SESSION 7 1st Day BE IT RESOLVED BY THE SENATE OF ALABAMA, THE HOUSE OF REPRESENTATIVES CONCURRING, That a committee of three members of the Senate, to be named by the Presiding Officer of the Senate, and three members of the House, to be named by the Speaker of the House, be appointed to notify the Governor that the Legislature is now in session and is ready for the transaction of business. On motion of Senator Mitchell, the Rules were suspended and the Resolution was adopted by the Senate. And the President and Presiding Officer of the Senate appointed as committee on part of the Senate to notify the Governor, Senators Davidson, Mitchem, and Smith. MESSAGE FROM THE HOUSE Mr. President: I have been directed by the House to advise the Senate that the House is now in session and is ready for the transaction of public business. GREG PAPPAS, Clerk. RESOLUTIONS Senator Mitchell offered the following Senate Joint Resolution, to- wit: SJR 2. COMMITTEE APPOINTED TO ESCORT GOVER- NOR TO JOINT SESSION OF THE LEGISLATURE. BE IT RESOLVED BY THE SENATE OF ALABAMA, THE HOUSE OF REPRESENTATIVES CONCURRING, That a joint session of the House and Senate be held at 2:30 P.M. on January 8, 1996, for the purpose of hearing the message of the Honorable Fob James, Governor of Alabama. AND BE IT FURTHER RESOLVED, That a committee of three from the Senate, to be named by the Presiding Officer of the Senate, and three from the House, to be named by the Speaker of the House, be ap pointed to wait upon the Governor and advise him for the purpose of receiv ing his message, and that said committee also serve as a committee to escort the Governor to the House for the joint session. On motion of Senator Mitchell, the Rules were suspended and the Resolution was adopted by the Senate. 8 JOURNAL OF THE SENATE, 1996 1st Day And the President and Presiding Officer of the Senate appointed as committee on part of the Senate to escort the Governor, Senators Mitchell, Amari, and Hale. Senator Mitchell then offered the following Senate Joint Resolu tion, to-wit: SJR 3. RELATIVE TO THE PRINTING OF THE ACTS AND JOURNALS. BE IT RESOLVED BY THE LEGISLATURE OF ALABAMA, BOTH HOUSES THEREOF CONCURRING, That the acts and journals of this Special Session in 1996, be bound with the Regular Session or any Special Sessions in 1996. On motion of Senator Mitchell, the Rules were suspended and the Resolution was adopted by the Senate. Senator Figures offered the following Senate Joint Resolution, to wit: SJR4. RELATIVE TO MEETING DAYS. BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALABAMA, BOTH HOUSES THEREOF CONCURRING, That when the two houses of the Legislature adjourn today, Monday, January 8, 1996, they adjourn to meet again on Tuesday, January 9, 1996, and when they adjourn on Tuesday, January 9, 1996, they adjourn to meet again on Wednes day, January 10, 1996, and when they adjourn on Wednesday, January 10, 1996, they adjourn to meet again on Tuesday, January 16, 1996. On motion of Senator Figures, the Rules were suspended and the Resolution was adopted by the Senate. INTRODUCTION OF BILLS Upon the call of districts, bills were introduced, severally read one time, and referred to appropriate standing committees, as follows: By Senator Butler (With Notice and Proof): SB 1. Relating to Madison County; exempting the Monrovia Parks and Recreation Association from the payment of all county and mu nicipal sales and use taxes; and exempting all property owned and used by FIRST EXTRAORDINARY SESSION 9 1st Day this organization from county and municipal ad valorem taxes. Committee on Local Legislation No. 1 I hereby certify that the notice and proof is attached to the Bill, SB 1, as required in the General Acts of Alabama, 1975, Act No. 919. McDOWELL LEE, Secretary. By Senator Butler: SB 2. To provide that full-time executive officers and employees of the Tennessee Valley Rehabilitation Center, Inc., may elect to become members of the Teachers' Retirement System; to provide that the center and employees of the center shall assume all administrative and contributory costs of membership and that no cost shall devolve upon the state and to provide for purchase of previous service credit in the system. Committee on Fiscal Responsibility and Accountability By Senator Langford (With Notice and Proof): SB 3. Relating to Montgomery County; providing further for the compensation of the elected official in the position of the revenue com missioner. Committee on Local Legislation No. 1 I hereby certify that the notice and proof is attached to the Bill, SB 3, as required in the General Acts of Alabama, 1975, Act No. 919. McDOWELL LEE, Secretary. By Senator Langford (With Notice and Proof): SB 4. Relating to Montgomery County; providing further for the compensation of the elected official in the position of judge of probate. Committee on Local Legislation No. 1 I hereby certify that the notice and proof is attached to the Bill, SB 10 JOURNAL OF THE SENATE, 1996 1st Day 4, as required in the General Acts of Alabama, 1975, Act No. 919. McDOWELL LEE, Secretary. By Senator McClain: SB 5. To amend Sections 40-2-40 and 40-2-41 of the Code of Alabama 1975, to provide further for the title and qualifications of the chief executive officer of the Department of Revenue. Committee on Governmental Affairs By Senator Langford: SB 6. To exempt the Government Management Information Users Group, Alabama Chapter, from the payment of all state, county, and municipal sales and use taxes. Committee on Fiscal Responsibility and Accountability By Senator Mitchell (With Notice and Proof): SB 7. Relating to Crenshaw County; authorizing the county commission to increase the expense allowance of its chair. Committee on Local Legislation No. 1 I hereby certify that the notice and proof is attached to the Bill, SB 7, as required in the General Acts of Alabama, 1975, Act No. 919. McDOWELL LEE, Secretary. By Senator Mitchell: SB 8. Relating to public records; to amend Sections 41-13- 20, 41-13-22, and 41-13-25 of the Code of Alabama 1975; and to provide further for the composition of the State Records Commission and the Local Government Records Commission. Committee on Governmental Affairs