Journal of the Alabama House of Representatives, 1991, volume 1 (organizational and regular sessions)

1024 Pages·1991·33.1 MB·English

by  Alabama. Legislature

JOURNAL
OFTHE
House of Representatives
OFTHE
STATE OF ALABAMA
ORGANIZATIONAL SESSION
OF 1991
HELD IN THE CITY OF MONTGOMERY
COMMENCING TUESDAY, JANUARY 9, 1991
Vol. 1
WITH AN INDEX PREPARED BY THE
CLERK OF THE HOUSE
Copyright 1991
State of Alabama
JOURNAL
OFTHE
HOUSE OF REPRESENTATIVES
OFTHE
STATE OF ALABAMA
REGULAR SESSION
OF 1991
FIRSTDAY
House of Representatives
Montgomery, Alabama
Tuesday, January 8, 1991
JOURNAL
of the House of Representatives of the State of Alabama of the Organizational
Session of 1991, begun and held at the State House in the City of Montgomery,
State of Alabama, on the second Tuesday in January, 1991, being the eighth day
of the month in the Year of our Lord, One Thousand Nine Hundred and Ninety
Onc, at 12 o'clock, M., on which day, the day fixed by law ,tnd the Constitution
for the meeting of the Legislature of Alabama, the House was called to order by
the Honorable James S. Clark, Speaker of the House of Representatives.
PRAYER
The session was opened with prayer by Reverend Joe Lisenby, Pastor, First
United Methodist Church, Eufaula, Alabama.
CERTIFICATION OF RESULTS FOR GENERAL EUX."71ON
HELD ON NOVEMBlt:R 6, 1990 lt'OR MEMBERS
OF THE ALABAMA HOUSE OF REPRESENTATIVES
STA TE OF ALABAMA
I, Perry A. Hand, Secretary of State, of the State of Alabama, having custody
of the Great and Principal Seal of said State, do hereby certify that pursuant to
the Code of Alabama, 1975 as amended, I, Perry A. Hand Secretary of State of
the State of Alabama, do hereby certify that the results of the General Election
4 JOURNAL OF THE HOUSE, 1991
1st D-.ty
held in Alabama on November 6, 1990, were opened and counted and that the
results so tabulated are attached hereto listing those duly elected members of the
Alabama House of Representatives.
District No. I, Nelson R. Starkey, Jr.; District No. 2, Marcel Black; District
No. 3, J. W. (Joe) Goodwin; District No. 4, James H. (Goat) Hamilton; District No.
5, Tommy Carter; District No. 6, Tom Butler; District No. 7, Sam Letson; District
No. 8, Morris Anderson; District No. 9, Paul Parker; District No. IO, Morris J.
"Mo" Brooks, Jr.; District No. 11, Tom Drake; District No. 12, W. C. "Bill"
Bowling; District No. 13, Tom Hogan; District No. 14, Johnny Cagle; District No.
15, Allen Layson; District No. 16, Max "Spider" Newman; District No. 17, Mike
Millican; District No. 18, Johnny Mack Morrow; District No. 19, George Grayson;
District No. 20, Howard Sanderford; District No. 21, Dewayne l<'reeman; District
No. 22, Albert Hall; District No. 23, Ben Richardson; District No. 24, Ralph Burke;
District No. 25, Kerry Rich; District No. 26, W. F. (Frank) McDaniel; District No.
27, Bob Harvey; District No. 28, Joe Ford; District No. 29, June Bugg; District No.
30, Roy Smith; District No. 31, Jack B. Venable; District No. 32, Clare1u-e Haynes;
District No. 33, Ron Johnson; District No. 34, Gerald Willis; District No. 35, Bohhy
Crow; District No. 36, James M. Campbell; District No. 37, Richard Laird; District
No. 38, Bill Fuller; District No. 39, Richard Lindsey; District No. 40, Al Knight;
District No. 41, Mike Hill; District No. 42, Hugh Holladay; District No. 4], .Ja1.:k
Biddle, Ill; District No. 44, Arthur Payne; District No. 45, Albert G. Morton;
District No. 46, Jim Carns; District No. 47, Allen Sanderson; District No. 48, John
H. Hawkins, Jr.; District No. 49, Tony Petclos; l)istrict No. 50, Johnny L. Curry;
District No. 51, Frank Rogers; District No. 52, John W. Rogers; District No. 53,
Demetrius C. Newton; District No. 54, George Perdue; District No. 55, Mark
Gaines; District No. 56, Bobby Greene McDowell; District No. 57, Edward B. (E.
8.) McClain; District No. 58, David Barnes; District No. 59, Lewis G. Spratt, Sr.;
District No. 61, Bryant Melton, Jr.; District No. 62, Phil Poole; District No. 63, Tim
Parker; District No. 64, James E. (Jimmy) Warren; Dbtrict No. 65, Jeff Dolh,u·e;
District No. 66, Harrell Blakeney; District No. 67, Lucius Black; District No. 68,
Jenkins Bryant, Jr.; District No. 69, James Louis Thomas; District No. 70, W. F.
"Noopie" Cosby, Jr.; District No. 71, Horace W. Powell; District No. 72, Curtis
Smith; District No. 73, Perry 0. Hooper, Jr.; District No. 74, Bob McKee; District
No. 75, Claud Walker; District No. 76, Mike Mikell; District No. 77, John L.
Buskey; District No. 78, Alvin Holmes; District No. 79, Pete Turnham; District No.
80, G. J. (Dukh) Higginbotham; District No. 81, James T. Cullins; l>istrict No. 82,
George H. Clay; District No. 83, Jane Gullatt; District No. 84, J,unes S. (Jimmy)
Clark; District No. 85, John P. Beasley; District No. 86, Joe Carothers; District No.
87, Nathan Mathis; District No. 88, R. Nolan Willi.uns; Distrkt No. 89, Steve
Flowers; District No. 90, Charles Newton; District No. 91, Jimmy W. Holley;
District No. 92, Seth Hammett; District No. 93, F. P. "Skippy" White; District No.
94, Walter E. Penry, Jr.; District No. 95, Steve McMillan; District No. 96, Mike
Box; District No. 97, Mary S. Zoghby; District No. 98, William "Bill" ('I.irk;
District No. 99, James E. Buskey; District No. 100, Victor Gaston; l>i~trict No. l01,
Ken Kvalheim; District No. 102, J. E. Turner; District No. 103, Yvonne Kennedy;
District No. 104, Lois Rockhold; District No. 105, Taylor Harper.
* The certified vote totals indicated that Sundra E. Escott received the most
votes. However, due to her failure to file a financial disclosure report, in accor
dance with provisions of the Fair Campaign Practices Act, Act No. 88-873. Ms.
ORGANIZATIONAL SESSION 5
1st Day
Escott was not issued a Certificate of Election. A special general election is being
held Tuesday, January 8, 1991 in House District 60. Ms. Escott is the Democratic
nominee.
In Testimony Whereof, I have hereunto set my hand and affixed the Great
Seal of the State of Alabama, at the Capitol, City of Montgomery on this day.
January 7. 1991
PERRY A. HAND
Secretary of State
State of Alabama
OATH OF OFFICE
The oath of office prescribed by the Constitution of the State of Alabama was
administered to the above Representatives-elect by the Honorable Sonny Hornsby,
Chief Justice, Alabama Supreme Court.
ROLL CALL
On a call of the roll of the House, the following members answered to their
names:
Mr. Speaker, Anderson, Barnes, Beasley, Biddle, Black (L), Black (M),
Blakeney, Bowling, Box, Brooks, Bryant, Bugg, Burke, Buskey (JE), Buskey (JL),
Butler, Cagle, Campbell, Carns, Carothers, Carter, Clark (W), Clay, Cosby, Crow,
Cullins, Curry, Dolbare, Drake, Flowers, Ford, Freeman, Fuller, Gaines, Gaston,
Goodwin, Grayson, Gullatt, Hall, Hamilton, Hammett, Harper, Harvey, Hawkins,
Haynes, Higginbotham, Hill, Hogan, Holladay, Holley, Holmes, Hooper, Johnson,
Kennedy, Knight, Kvalheim, Laird, Layson, Letson, Lindsey, Mathis, McClain,
McDaniel, McDowell, McKee, McMillan, Melton, Mikell, Millican, Morrow,
Morton, Newman, Newton (C), Newton (D), Parker (P), Parker (T), Payne, Penry,
Perdue, Petelos, Poole, Powell, Rich, Richardson, Rockhold, Rogers (I<'),
Rogers (J), Sanderford, Sanderson, Smith(<.:), Smith (R), Spratt, Starkey, Thomas,
Turner, Turnham, Venable, Walker, Warren, White, Williams, Willis and Zoghby.
-104
A quorum was present.
The House then proceeded with the election of its permanent officers.
ELECTION OF SPEAKER
Representative Tommy Carter of Limestone County placed in nomination for
Speaker of the House of Representatives, the Honorable James S. Clark of
Barbour and Russell Counties, which was seconded by Representative Joe
6 JOURNAL OF THE HOUSE, 1991
1st Day
Carothers, Jr. of Houston County, Representative Yvonne Kennedy of Mobile
County and Representative John W. Rogers of Jefferson County. Representative
Jimmy W. Holley of Coffee County placed in nomination for Speaker of the House
of Representatives, the Honorable Tom Drake of Cullman and Morgan Counties,
which was seconded by Representative Jack Biddle, III of Jeffen,on County.
There being no further nominations, the Speaker declared the nominations closed.
The Honorable James S. Clark having received a majority of the votes cast
of those elected to the House of Representatives was declared duly and
constitutionally elected Speaker of the House of Representatives for the term
prescribed by law. Those who voted for the Honorable James S. ( "lark are:
Representatives Anderson, Barnes, Beasley, Black (L), Black (M), Bowling,
Box, Bryant, Bugg, Burke, Buskey (JE), Buskey (JL), Butler, Cagle, <.:ampbell,
Carns, Carothers, Carter, Clark (J), Clark (W), Curry, Dolbare, Flowers, Ford,
Freeman, Fuller, Gaines, Gaston, Gullatt, Hall, Harper, Harvey, Hawkins,
Haynes, Higginbotham, Hogan, Holladay, Hooper, Johnson, Kennedy, Kvalheim,
Letson, Lindsey, Mathis, McClain, McDaniel, McDowell, Millican, Morrow,
Newman, Newton (C), Parker (P), Parker (T), Penry, Petelos, Powell, Rockhold,
Rogers (F), Rogers (J), Sanderson, Smith (C), Spratt, Starkey, Thomas, Turnham,
Warren, White, Williams and Zoghby.
-69
Those who voted for the Honorable Tom Drake are:
Representatives Biddle, Blakeney, Brooks, Clay, Cosby, Crow, Cullins,
Drake, Goodwin, Grayson, Hamilton, Hammett, Hill, Holley, Holmes, Knight,
Laird, Layson, McKee, McMillan, Melton, Mikell, Morton, Newton (D), Payne,
Perdue, Poole, Rich, Richardson, Sanderford, Smith (R), Turner, Venable, Walker
and Willis.
-35
OAm OF 01''FICE
The oath of oflice prescribed by the Constitution of the State of Alabama was
then administered to the Honorable James S. Clark by Judge Gorman Houston.
ELECfION 01'' SPEAKER PKO TEMPOKE
Representative Bill Fuller of Chambers County placed in nomin.1tion for
Speaker Pro Tempore of the House, Representative James M. Campbell of
Calhoun County, which was seconded by Represent.1tive J,me Gullatt of Rus~ell
County, Representative Nelson R. Starkey, Jr. of Lauderdale County and
Representative Buskey (JE) of Mobile County. Represenl.1tive Ben T. Richardson
of Jackson County placed in nomination for Speaker Pro Temporc of the House of
Representatives, the Honorable Demetrius C. Newton of Jefferson County, which
was seconded by Representative George Perdue of Jefferson County,
Representative Alvin Holmes of Montgomery <.:ounty and Representative Bryant
Melton of Jefferson County. There being no further nominations, the Speaker
ORGANIZATIONAL SESSION 7
ht Day
declared the nominations closed.
The Honorable James M. Campbell having received a majority of the votes
cast of those elected to the House of Representatives was declared duly and
constitutionally elected Speaker Pro Tempore of the House of Representatives for
the term prescribed by law. Those who voted for the Honorable James M.
Campbell are:
Representatives Anderson, Beasley, Black (L), Black (M), Bowling, Box,
Bryant, Bugg, Burke, Buskey (JE), Buskey (JL), Butler, Cagle, Campbell, Carns,
Carothers, Carter, Clark (J), Crow, Cullins, Curry, Dolbare, Flowers, Ford,
Freeman, Fuller, Gaines, Gaston, Gullatt, Hall, Harper, Harvey, Hawkins,
Haynes, Higginbotham, Hogan, Holladay, Hooper, Johnson, Knight, Kvalhelm,
Letson, Lindsey, Mathis, McClain, McDaniel, McDowell, Millican, Morrow,
Newman, Newton (C), Parker (P), Parker (T), Penry, Petelos, Powell, Rockhold,
Rogers (F), Rogers (J), Sanderson, Smith (C), Spratt, Starkey, Thomas, Turnham,
Warren, White, Williams, Willis and Zoghby.
-70
Those who voted for the Honorable Demetrius C. Newton are:
Representatives Barnes, Biddle, Blakeney, Brooks, Clark (W), Clay, Cosby,
Drake, Grayson, Hamilton, Hammett, Hill, Holley, Holmes, Kennedy, Laird,
Layson, McKee, McMillan, Melton, Mikell, Morton, Newton (D), Payne, Perdue,
Poole, Rich, Richardson, Sanderford, Smith (R), Turner, Venable and Walker.
-33
OAm OF OFFICE
The oath of office prescribed by the Constitution of the State of Alabama was
then administered to Representative James M. Campbell by Justice Sonny
Hornsby.
RF.SOLlITIONS
The following resolutions were introduced:
By Representative Campbell:
H.R. 1. NOTIFY SENATE
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES, That the
Clerk of the House of Representatives inform the Senate of Alabama that the
House of Representatives has perfected its organization and elected its permanent
officers and is now ready for the transaction of public business; that he
communicate to the Senate the names of the several offices elected by the House.
On motion of Representative Campbell, the resolution, H.R. I, was adopted.
8 JOURNAL OF THE HOUSE, 1991
1st Day
Also:
By Representative Campbell:
H.J.R. 2. COMMITTEE APPOINTED TO NOTIFY GOVERNOR LEGIS
LATURE IS IN SESSION
BE IT RESOLVED BY THE LEGISLATURE OF ALAUAMA, HOTH
HOUSES THEREOF CONCURRING, That a committee of six, consisting of three
members of the Senate to be appointed by the presiding olliccr of the Senate, and
three members on the part of the House to be appointed by the Speaker, he named
to wait upon the Governor of Alabama and inform him of the organization of the
Legislature, and its readiness to transact business.
On motion of Representative Campbell, the resolution, HJ.R. 2, was adopted.
ffiMMI'ITEE APPOINTED
The Speaker appointed as a committee on the part of the House,
Representatives Turner, Grayson and McKee.
Also:
By Representative Campbell:
H.R. 3. CREATING A SEATING AND OFFICE SPACE COMMITTEE
BE IT RESOLVlm HY THE HOUSE OF REPRESl<~NTATIVES, That a
Committee consisting of seven members of the House, one from each
Congressional District, be appointed by the Speaker of the House to assign scats
and ollice space to the several members of the House.
On motion of Representative Campbell, the resolution, H.R. 3, w.ts adopted.
COMMITIEE APPOINTED
The Speaker appointed as a committee on the part of the House,
Representatives Beasley, Chairman; Box; Johnson; Burke; Hall; Hawkins and
Bryant.
Also:
Hy Representative Campbell:
H.J.R. 4. CREATING A LEGISLATIVE PARKING COMMITTEE
ORGANIZATIONAL SESSION 9
1st Day
BE IT RESOLVED BY THE LEGISLATURE OF ALABAMA, BOTH
HOUSES THEREOF CONCURRING, That there is hereby created a joint commit
tee to work with the Chief of Services and Capitol Police, Department of ft'inance,
and in assigning parking places to members of the Legisl.1ture. Said Committee
shall consist of three members of the House, to be appointed by the Speaker, and
three members of the Senate, to be appointed by the Presiding Ollicer of the
Senate.
On motion of Representative Campbell, the resolution, H.J.R. 4, was adopted.
COMMfITEE APPOINTED
The Speaker appointed as a committee on the part of the House,
Representatives Starkey, Thomas and Curry.
Also:
By Representative Campbell:
H.R. 5. RELATIVE TO MEETING DAYS
BI<: IT RESOLVED BY THE HOUSE OF REPRESENTATIVES, That when
we adjourn today, Tuesday, January 8, 1991, we adjourn to meet again on
Wednesday, January 9, 1991, at 10:00 A.M.
On motion of Representative Campbell, the resolution, H.R. 5, was .tdoptcd.
Also:
By Representative Campbell:
H.J.R. 6. RELATIVE TO MEETING DA VS AND JOINT SESSION
BE IT RESOLVED BY THE LEGISLATURE OF ALABAMA, BOTH
HOUSES THEREOF CONCURRING, That when the two houses adjourn tod.ty,
Tuesday, January 8, 1991, they adjourn to meet again on Wednesday, January 9,
1991.
BE IT FURTHER RESOLVED, That the House of Rcprcscnt.ttives and
Senate meet in joint convention in the Hall of the House of Representatives at
10:15 A.M. Ja,iuary 9, 1991, for the purpose of witnessing the opening and
publishing of the returns of the election of executive otlicers of the State of
Al.tbama at the General Election held on November 6, 1990, as required by
Section 115 of the Constitution of Alabama.
On motion of Representative Campbell, the resolution, H.J.R. 6, was adopted.
10 JOURNAL OF THE HOUSE, 1991
1st Day
Also:
By Representative Campbell:
H.J.R. 7. SETTING JOINT SESSION
BE IT RESOLVED BY THE LEGISLATURE OF ALABAMA, BOTH
HOUSES THEREOF CONCURRING, That the House of Representatives and
Senate meet in joint convention in the Hall of the House of Representatives at
10:30 A.M. Wednesday, January 9, 1991, for the purpose of receiving the written
comparisons, analyses, recommendations and proposed legislation from the
Chairman of the Alabama Commission on Tax and Fiscal Policy Reform as
required by Act No. 90-734 of the 1990 Regular Session of the Legislature.
On motion of Representative Campbell, the resolution, H.J.R. 7, was adopted.
Also:
By Representative Campbell:
HJ.R. 8. SETTING JOINT SESSION
BE IT RESOLVED BY THE LEGISLATURE OF ALABAMA, BOTH
HOUSES THEREOF CONCURRING, That the House of Representatives and
Senate meet in joint convention in the Hall of the House of Representatives at
11:00 A.M. Wednesday, January 9, 1991, for the purpose of receiving the report
of findings, conclusions and recommendations, including specific legislation, from
the Joint Interim Legislative Committee to Study the Funding and Allocation of
Revenues for Elementary/Secondary Schools in Alahama as re11uired by Act No.
90-503 of the 1990 Regular Session of the Legislature.
On motion of Representative Campbell, the resolution, H.J.R. 8, was adopted.
Also:
By Representatives Clark (J), Harper, Butler, Williams, Johnson, Hooper, Haynes,
Dolhare, Hogan, Freeman, Letson, Rogers (I<'), Millican, Rogers (J), Barnes,
Curry, Powell, McClain, Turnham, Carter, Cagle, Starkey, Smith (C), Hall,
Flowers, Higginbotham, Carothers, Hawkins, Gullatt, Parker (P), Beasley,
Penry, Kennedy, Black (M), Kvalheim, Zoghby, Rockhold, Harvey,
Campbell, Fuller, Newman, M.ithis, G.iston, Morrow, McDaniel, Ford,
Burke, Box, Hamilton, Hammett, Walker, McKee, Newton (C), Richardson,
Rich, P.irker (T), Blakeney, McMillan, Black (L), Cosby, Lindsey, Buskey
(JL), Clark (W), Layson, Bryant, Sanderford, Brooks, Smith (R), Melton,
Venable, Cullins, Turner, Goodwin, Mikell, Sprau, Bowling, Thomas, Carns,
Bugg, Willis, Laird, Poole, Knight, Holmes, Anderson, Biddle, Buskey (JE),
Clay, Crow, Drake, Gaines, Grayson, Hill, Holladay, Holley, McDowell,
Morton, Newton (D), Payne, Perdue, Petelos, Sanderson, Warren and White:
HJ.R. 9. EXPRESSING THE LEGISLATURE'S SUPPORT OJ<' PRESIDENT