Journal of the Alabama House of Representatives, 1991, volume 4 (regular session)

1142 Pages·1991·30 MB·English

by  Alabama. Legislature

JOURNAL
OF THE
House of Representatives
OFTHE
STATE OF ALABAMA
REGULAR SESSION
OF 1991
HELD IN THE CITY OF MONTGOMERY
COMMENCING TUESDAY, APRIL 16, 1991
Vol. 4
WITH AN INDEX PREPARED BY THE
CLERK OF THE HOUSE
Copyright 1991
State of Alabama
REGULAR SESSION
29th 0-.ay
TWENTY-NINTH DAY
House or Repr~ntalives
Montgomery, Alab.tma
Thursday, July 18, 1991
The Hou~e met punua111 1o adjournment.
PRAYER
The session was opened with prayer hy Ren:1·end Johnny Jones, First Assem
hlJ or God, Montgomery, Alabama.
PLEDGE (U' AI.J.EGIANCE
The Pledge of Allegiance was led by Kenny Davis, 10th Grade, Stanhope
!<]more High School, Millhrook, Alabama.
ROLi.CALL
On a call or the roll of the House, the following members answered to their
names:
l~q,n.:scnt,11h·cs Anderson, Barnes, Bea~ley, lliddlc, 111.11:k (L), lll;1rk (1\1),
Hlakcnq, Howling, Hox, lfrJ,1111, Bugg, Burke, Hu~kcy (.JI<'.), Huskey I.I I.), Huller,
Cai;lc-, (';1111pbell, ('ams, ('arolhe1·s, Carter, nark 1W), (.'lay, ('oshy, Crow,
Cullin.~, Curry, Dolhare, Drake, l~scolt-Russell, Flo\\er~, Ford, Freeman, Fuller,
Gaines, Gaston, Grayson, Gullatt, Hall, Hamillon, lfammett, Hm1ey, tlarper,
Harvey, Hawkins, Haynes, Higginhotham, Hill, Hog,111, Holl;1day, Holley, Hooper,
Johnson, Kennedy, Knight, Kvalheim, Laird, Layson, Lebon, Lindsey, Mathis,
l\kClain, McDaniel, McDowell, McKee, McMillau, Melton, Mikell, Millican,
Morrow, Morton, Newman, Newton (C), Parker (P), Parker (T), Payne, Penry,
Perdue, Petelos, Poole, Powell, Rich, Richardson, Rockhold, Rogers (I<'),
Rogers (J), Sanderford, Sanderson, Smith (C), Smith (R), Spratt, Starkey, Thomas,
Turner, Turnham, Venable, Walker, Warren, White, Williams, Willis and Zoghhy.
-101
A 11uorum was present.
REPORT OF STANDING COMMIITEF. ON RULES
House of Representatives:
Your Standing Committee on Rules hegs leave to report that it has carefully
examined the Journal of the House for the twenty-eighth legislative day and finds
the same to be correct.
TOMMY CARTER
Chairman
3108 JOURNAL OF THE HOUSE, 1991
29th Day
MOTION TO SUSPEND RULES AND ADOPT REPORT OF
THE STANDING COMMITTEE ON RULES LOST
The motion offered by Representative Carter to suspend the rules in order to
dispense with the reading at length of the Journal of the House of Representatives
for the twenty-eighth legislative day and to concur in and adopt the Report of the
Standing Committee on Rules was lost, lacking a four-fifths vote.
Yeas 44; Nays 31.
Yea:
Representatives Beasley, Bowling, Box, Bryant, Burke, Campbell, Carter,
Cullins, Drake, Ford, Gaines, Gaston, Hamilton, Hammett, Haney, Harper,
Harvey, Hawkins, Hill, Holley, Kennedy, Knight, Kvalheim, Laird, Lindsey,
Mathis, McDaniel, McMillan, Melton, Mikell, Newman, Newton (C), Penry,
Petelos, Powell, Rich, Sanderford, Sanderson, Smith (R), Starkey, Turner,
Walker, White and Zoghby.
-44
Nay:
Representatives Anderson, Bugg, Buskey (JE), Butler, Cagle, Clark (W),
Cosby, Crow, Dolbare, Flowers, Freeman, Fuller, Hall, Haynes, Hogan, Johnson,
Layson, McKee, Millican, Morrow, Parker (P), Parker (T), Payne, Perdue,
Poole, Rockhold, Turnham, Venable, Warren, Williams and Willis.
-31
READING OF JOURNAL
The Speaker directed the Clerk to read the Journal of the House for the
twenty-eighth legislative day, and the reading commenced.
MOTION TO SUSPEND RULES ADOPTED
On motion of Representative Buskey (JE), the rules were suspended in order
to dispense with further reading at length of the Journal of the House of
Representatives for the twenty-eighth legislative day.
REPORT OF THE STANDING COMMITIEE ON RULES ADOPTED
And the Report of the Standing Committee on Rules was concurred in and
adopted, and the Journal for the twenty-eighth legislative day was approved.
REGULAR SESSION 3109
29th Day
LEAVES OF ~ENCE
At the request of Representative Buskey (JL), leave of absence was granted
for Representative Holmes.
Also:
At the request of Representative Campbell, leave of absence was granted for
Representative Clark (J).
Also:
At the request of Representative Drake, leave of absence was granted for
Representative Goodwin.
MESSAGE FROM THE SENATE
Mr. Speaker:
The Senate has passed the following House Bill and returns same herewith to
the House:
H. 1002. Relating to Mobile County, providing for additional compensation
to memhers of the hoard of directors of certain public utility authorities.
MCDOWELL LEE
Secretary
MESSAGE FROM THE SENATE
Mr. Speaker:
The Senate has passed the following House Bills and returns same herewith
to the House:
H. 1018. Relating to Walker County and the 14th Judicial Circuit, to levy
certain additional costs and charges or court, to provide said costs and charges
shall be placed in a special hazardous duty pay fund, to provide hazardous duty
pay for certain deputy sheriffs and jailers, to authorize the county commission to
increase the amount of hazardous duty payments, and to provide for implementa
tion of this act.
Also:
H. 1019. Relating to supernumerary district attorneys of the fourteenth
(14th) judicial circuit; to provide a salary supplement equal to the salary supple
ment paid to supernumerary district attorneys of the tenth (10th) judicial circuit.
3110 JOURNAL OF THE HOUSE, 1991
29th D-.1y
Also:
II. 1030. Relating lo Slu:lhy County, amending Section 1 of Act No. 191, H.
525, 1971 Regular Session, which provides a special expense allowance of
$2,400.00 per annum for the presiding circuit judge or the Eighteenth Judicial
Circuit above that or the other Circuit Judges, said allowance also being outside
the current $15,000.00 expense allowance for each Circuit Judge, so as to provide
that such $2,400.00 may be received by the presiding judge's confidential
employee at his designation.
Also:
H. 1025. Rdating to Walker County; to require the installation and mainte
nance of an improved system of indexing, recording and re-creation of documents
and plat system title to property and other documents recorded in the otlice of the
judge of probate; to provide the collection and disposition of a special indexing
and recording fee; to provide for the collection of adt.litional probate court cost
fees; and to provide that said system shall constitute oflicial and permanent
records in Walker County.
Also:
H. 1029. Relating to the Eighteenth Judicial Circuit of Alabama; to amend
Act No. 79-523, H. 426, 1979 Regular Session, so a!> to provide an increase in
expense allowance for each oflicial reporter within the said judicial circuit.
MCDOWELL LEE
Secretary
MESSAGE JiKOM THE SENATE
Mr. Speaker:
The Senate has passct.l the following House Hilb ant.I returns same herewith
to the House:
H. 9.\4. Relating to M,1co11 County; authorizing the Maco11 County boart.l of
ct.location lo increase the ccili11g for the !>upcrintcnt.lcnl of ct.location and lo !>cl the
salary of the superintendent of education; and providing for the board of educa
tion to incrcw,c or set expense ,tllowances, any other compensation and/or sup1,lc
ment a~ prnvidcd by law.
Also:
H. K92. Relating to Hale County; to pro\'it.lc for an additional CXJ)Cnsc
allowance for the county coroner.
Also:
II. K'J.~. Relating to Hale County; authorizing the cou11ly commission lo levy
REGULAR SESSION Jill
29th Day
a severance tax on those persons, firms and corporations severing pit run sand,
clay, sand-gravel, clay-gravel, sand-clay llnd gravel In the county; providing l'or
the collection of the tax by the department of revenue; and providing for enforce
ment and distribution of the proceeds of the tax.
Also:
H. 961. Relating lo DeKalb County; providing that the county commission or
other like governing body of such county shall have the power to levy and collect
additional privilege license taxes, gasoline taxes, sales and use taxes and other
taxes and/or fees; providing that any such tax levied by said governing body shall
become law either with or without a referendum in the sole discretion of said
governing body; providing for the disposition of the proceeds of such taxes; and
repealing conflicting laws.
MCDOWELL LEE
Secretary
MFSSAGK FROM THE SENAT E
Mr. Speaker:
The Senate has passed the following House Bills and returns same herewith
to the House:
H. 1043. Relating to Chilton County; providing certain additional compensa
tion for the poll workers to be paid from the county general fund.
Also:
H. 1044. Relating to Chilton County, to provide for an additional expense
allowance for the tax collector.
Also:
H. 1045. To alter, rearrange and extend the boundaries and corporate limits
of the municipality of Riverside, St. Clair County, Alabama, so as to annex certain
territory to the municipality.
Also:
H. 1046. To alter, rearrange and extend the boundaries and corporate limits
of the City of Pell City, St. Clair County, Alabama, so as to annex certain territory
to the city.
MCDOWELL LEE
Secretary
3112 JOURNAL OF THE HOUSE, 1991
29th Day
~AGE FROM 'IHE SENATE
Mr. Speaker:
The Senate has passed the following House Bills and returns same herewith
to the House:
H. 1042. Relating to Chilton County; authorizing the county coroner to
appoint deputies,
Also:
H. 1050. Relating to the City of Tuscaloosa in Tuscaloosa County; to amend
Section 11 of Act No. 249, S. 291, 1947 Regular Session (Acts 1947, p. 174), so as
to provide further for the civil service system governing the appointment of
certain employees of the city.
Also:
H. 1051. Relating to Tuscaloosa County and the Firemen's and Policemen's
Pension and Relief Fund for the City of Tuscaloosa; further amending Sections 4,
8 and 9 of Act No. 328, H. 854, 1959 Regular Session (Acts 1959, p. 907) as last
amended, which provide for the composition of the Board of Trustees and the
conduct of its business, so as to provide further for the membership of such board.
MCDOWELL LEE
Secretary
~AGE FROM 'IHE SENATE
Mr. Speaker:
The Senate has passed the following House Bills and returns same herewith
to the House:
H. 1031. Relating to Bibb County; providing for the mode of construction,
maintenance and repair of public roads, highways, bridges and ferries under the
county unit system; authorizing and requiring the county governing body to
employ and regulate the compensation of a county engineer; providing for the
manner of selecting said engineer; prescribing his qualitications; and requiring
bond; defining his authority, powers and duties and those of the county governing
body in relation to the roads, bridges and ferries of Bibb County; prohibiting the
performance of certain work on private property and providing civil fines for
violations; and providing for this bill to become effective on October 1, 1991.
Also:
H. 1033. Relating to Bibb County; providing for the use of electronic voting
systems in elections; providing the requirements for these systems; providing those
procedures to be used in connection with elections in which these systems are
REGULAR SESSION 3113
29th Day
used, including additional procedures for dividing precincts and designating
voting places therein; providing election officers for such polling places and
prescribing duties and compensation of such election officials.
Also:
H, 1034, Relating to Bibb County; authorizing the levy in such county of an
additional tax, paralleling the state sales tax provided for In article 1 of chapter
23 of Title 40 of the Code of Alabama 1975, as amended; providing for certain
exemptions; providing for the collection of such tax by the state department of
revenue, and for the distribution and use of the proceeds thereof; providing for the
enforcement of the act; providing penalties for violations of the act; and providing
for an effective date.
Also:
H. 1054. Relating to Cherokee County, to alter, rearrange and extend the
boundary lines and corporate limits of the Town of Leesburg, in Cherokee County,
Alabama.
Also:
H, 1052, Relating to Walker County; providing further for the compensation
of the members of the board of registrars.
MCDOWELL LEE
Secretary
MF.SSAGE FROM THE SENATE
Mr. Speaker:
The Senate has passed the following House Bills and returns same herewith
to the House:
H. 1063. To authorize the city council of the City of Talladega, Alabama,
acting pursuant to Amendment No. 373 to the Constitution of Alabama of 1901, to
increase the rate at which there is levied and collected by the City of Talladega,
on all taxable property situated within the City of Talladega, the special ad
valorem tax which is authorized in Amendment No. 13 to the Constitution, to a
maximum rate, for any tax year of the city, which is equal to $2.20 on each one
hundred dollars (22 mills on each dollar) of assessed value.
Also:
H. 1064. To provide that the Shelby County Commission may provide office
space for a Constituency Office to assist the members of the Shelby County Dele
gation to the Legislature in serving their constituents.
3114 JOURNAL OF THE HOUSE, 1991
29th Day
Also:
H. 1066. Relating to Crenshaw County, amending Act No. 89-486, H. 865,
1989 Regular Session, which levied a sales and use tax, so as to provide further
for the distril,ution of the proceeds from the tax.
Also:
H. 1067. Relating to Blount County; providing that the county commission
shall have the power to levy and collect additional privilege license taxes, excise
taxes, gasoline taxes and sales and use taxes; providing that any such tax levied
by said county commission shall become law either with or without a referendum
in the sole discretion of said county commission; and providing for the disposition
of the procecdii of such taxes.
Also:
H. 1069. Relating to Shelby County; providing further for the compensation
of the circuit clerk of the county.
MCDOWELL LEE
Secretary
~AGE FROM THE SENATE
Mr. Speaker:
The Senate has passed the following House Bills and returns same herewith
to the House:
H. 1056. Relating to Cullman County; to amend Section 1 of Act No. 1247,
H. 1642, Regular Session 1971 (Acts 1971, p. 2147), relating to the issuance of
pistol permits so as to increase the fee therefor.
Also:
H. 1059. Relating to Calhoun County; on and after the effective date of this
act, subject to hb or her having made a timely election, in writing, each commis
sioner of the Calhoun County commission shall be entitled to either have an
automobile furnished by Calhoun County, and payment or reimbursement for fuel
and oil, and repairs of said automobile, for use in carrying out his official duties
as a commissioner, or a certain expense allowance in lieu of use of an automobile
and payment or reimbursement for fuel, oil and repairs therefor.
Also:
H. 1057. Pertaining to Franklin County only; to permit a referendum of the
voters regarding a temporary one cent sales tax for the benefit of the public
schools so as to continue to ensure students with an uninterrupted quality instruc
tional program, and to avoid further damage to public education due to proration;