Journal of the Alabama House of Representatives, 1992, volume 3 (regular session)

1336 Pages·1992·36.7 MB·English

by  Alabama. Legislature

JOURNAL
OFTHE
House of Representatives
OFTHE
STATE OF ALABAMA
REGULAR SESSION
OF 1992
HELD IN THE CITY OF MONTGOMERY, ALABAMA
COMMENCING TUESDAY, FEBRUARY 4, 1992
Vol. 3
WITH AN INDEX PREPARED BY THE
CLERK OF THE HOUSE
EBSCO Printing Company
Printers -Binders
Birmingham, Alabama
Copyright 1992
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REGULAR SESSION 2449
25th Day
TWENTY-FIFTH DAY
House of Representatives
Montgomery, Alabama
Thursday, April 23, 1992
The House met pursuant to adjournment.
PRAYER
The session was opened with prayer by Reverend Harold Hermetz, St.
Paul's Lutheran Church, Cullman, Alabama.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Donna Lee, Charles Henderson Middle
School, Troy, Alabama.
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, Bryant, Bugg, Burke, Buskey (JE), Buskey (JL), Butler,
Cagle, Campbell, Carns, Carothers, Carter, Clark (W), Clay, Collins, Cosby, Crow,
Cullins, Curry, Dolbare, Drake, Escott-Russell, Flowers, Ford, Freeman, Fuller,
Gaines, Gaston, Goodwin, Grayson, Gullatt, Hall, Hamilton, Hammett, Haney,
Harper, Harvey, Hawkins, Haynes, Higginbotham, Hill, Holladay, Holley, Holmes,
Hooper, Johnson, Kennedy, Knight, Kvalheim, Laird, Layson, Letson, Lindsey,
Mathis, McClain, McDaniel, McDowell, McKee, McMillan, Melton, Mikell, Millican,
Morrow, Morton, Newton (C), Newton (D), Parker (P), Payne, Penry, Perdue,
Petelos, Poole, Powell, Rich, Richardson, Rockhold, Rogers (F), Sanderford,
Sanderson, Smith (C), Smith (R), Spratt, Starkey, Thomas, Turner, Turnham,
Venable, Walker, Warren, White, Williams, Willis and Zoghby.
-102
A quorum was present.
2450 JOURNAL OF THE HOUSE, 1992
25th Day
REPORT OF STANDING COMMITTEE ON RULES
House of Representatives:
Your Standing Committee on Rules begs leave to report that it has carefully
examined the Journal of the House for the twenty-fourth legislative day and finds
the same to be correct.
TOMMY CARTER
Chairman
MOTION TO SUSPEND RULES AND ADOPT REPORT OF
THE STANDING COMMITTEE ON RULES
Representative Ford offered the motion to suspend the rules in order to
dispense with the reading at length of the Journal of the House of Representatives
for the twenty-fourth legislative day and to adopt the Report of the Standing
Committee on Rules.
DIVISION OF THE QUESTION
Representative Laird called for the Division of the Question, and the call was
sustained.
MOTION TO SUSPEND RULES LOST
The question was then on the motion offered by Representative Ford to
suspend the rules in order to dispense with the reading at length of the Journal of
the House of Representatives for the twenty-fourth legislative day, and the motion
was lost, lacking a four-fifths vote.
Yeas 52; Nays 24.
Yea:
Mr. Speaker, Barnes, Beasley, Black (L), Black (M), Bowling, Box, Bryant,
Bugg, Burke, Buskey (JE), Butler, Cagle, Campbell, Carns, Carothers, Collins,
Dolbare, Ford, Fuller, Gaston, Gullatt, Hall, Harvey, Hawkins, Haynes,
Higginbotham, Holladay, Holley, Hooper, Johnson, Kennedy, Lindsey, Mathis,
McDowell, Millican, Morrow, Penry, Petelos, Poole, Rockhold, Rogers (F),
Smith (C), Spratt, Starkey, Turner, Turnham, Venable, Warren, White, Williams
and Zoghby.
-52
REGULAR SESSION 2451
25th Day
Nay:
Representatives Biddle, Blakeney, Crow, Cullins, Drake, Goodwin, Hamilton,
Haney, Hill, Knight, Laird, Layson, McKee, McMillan, Mikell, Morton, Newton (C),
Payne, Rich, Richardson, Sanderford, Smith (R), Walker and Willis.
-24
READING OF JOURNAL
The Speaker directed the Clerk to read the Journal of the House for the
twenty-fourth legislative day, and the reading commenced.
REPORT OF THE STANDING COMMITTEE ON RULES ADOPTED
The reading at length of the Journal of the House of Representatives for the
twenty-fourth legislative day having been completed, and on motion of
Representative Ford, the Report of the Standing Committee on Rules was con
curred in and adopted, and the Journal for the twenty-fourth legislative day was
approved.
LEAVES OF ABSENCE
At the request of Representative McDowell, leave of absence was granted
for Representative Rogers (J).
Also:
At the request of Representative Poole, leave of absence was granted for
Representative Parker (T).
Also:
At the request of Representative Cagle, leave of absence was granted for
Representative Hogan.
REPORT FILED
Pursuant to Act No. 248, Representative Frank P. White, Chairman, and
Senator Mac Parsons, Vice-Chairperson, submitted the Report of the Joint Prison
Committee, and the report was ordered filed.
2452 JOURNAL OF THE HOUSE, 1992
25th Day
MESSAGE FROM THE SENATE
Mr. Speaker:
The Senate has concurred in and adopted the House amendment to the
following Senate Bill:
S. 408. Relating to Lauderdale County; exempting senior citizen centers
and community centers which primarily sponsor senior citizens' activities from all
county and municipal ad valorem taxes.
MCDOWELL LEE
Secretary
MESSAGE FROM THE SENATE
Mr. Speaker:
The Senate has passed the following House Bill and returns same herewith
to the House:
H. 647. Relating to Washington County; to change the composition of the
Washington County Commission; to provide that the Washington County
Commission shall consist of five members elected from five single-member
districts; to provide that the Probate Judge of Washington County shall serve as
the ex-officio non-voting Chair of the commission and shall preside at all meetings
thereof; to provide for the terms of the members of the commission; to require that
the members of the commission shall reside within the boundaries of the single
member district he or she is elected to represent; and to repeal all conflicting laws.
MCDOWELL LEE
Secretary
MESSAGE FROM THE SENATE
Mr. Speaker:
The Senate has concurred in and adopted the following House Joint
Resolutions and returns same herewith to the House:
H.J.R. 211. DESIGNATING THE CITY OF ATMORE AS THE OFFICIAL
"ALABAMA RAIL WELCOME CENTER" FOR THE STATE OF ALABAMA.
REGULAR SESSION 2453
25th Day
Also:
H.J.R. 291. COMMENDING MARTHA LEE TUMLIN OF ETOWAH
COUNTY AS NATIONAL DISTINGUISHED PRINCIPAL.
MCDOWELL LEE
Secretary
BILLS ON SECOND READING
Representative Harper, Chairperson of the Standing Committee on Ways
and Means, reported that said Committee in session had acted on the following
bills and ordered same returned to the House with a favorable report, and they
were severally read a second time and placed on the Calendar, to-wit:
S. 23. Creating the Impaired Drivers Trust Fund in the state treasury to
provide rehabilitative services to residents of the state with certain types of
injuries.
S. 118. To amend Sections 32-6-230, 32-6-231, 32-6-232, 32-6-233,
32-6-234, and 40-12-300, of the Code of Alabama 1975, relating to motor vehicle
registration and license tags and placards of handicapped persons; and to
establish license fees.
H. 511. To make an appropriation from the Alabama Special Educational
Trust Fund for the support and maintenance of Educational Resources, Incorpo
rated (commonly known as the Freedom Forum) for the fiscal year ending
September 30, 1993, and to require an operations plan and audited financial
statement prior to release of any funds.
H. 621. To amend Section 36-27-15.2, Code of Alabama 1975, relating to
the granting of creditable service in the retirement systems for service out-of-state,
to increase the creditable service allowable and authorize credit or either public
education service or public service in other states.
Representative Harper, Chairperson of the Standing Committee on Ways
and Means, reported that said Committee in session had acted on the following bill
and ordered same returned to the House with a favorable report, with substitute
and amendment, and it was read a second time and placed on the Calendar, to
wit:
H. 658. (With Substitute) (With Amendment): To amend Section
16-13-52.1, subsection 2(b), Code of Alabama 1975, relating to teacher units
employed by local school boards from local funds, to permit local boards of
education to reduce the number of teacher units employed from local funds.
2454 JOURNAL OF THE HOUSE, 1992
25th Day
Representative Harper, Chairperson of the Standing Committee on Ways
and Means, reported that said Committee in session had acted on the following
bills and ordered same returned to the House with a favorable report, and they
were severally read a second time and placed on the Calendar, to-wit:
H. 690. Relating to motor vehicle licensing, registration, and taxation; to
authorize the establishment of a voluntary County On-Line Operational Registra
tion System to expedite updating motor vehicle registration on the state computer
database; to amend Sections 32-6-61, 32-6-63, 32-6-65, 40-12-240, 40-12-242,
40-12-248, 40-12-253, 40-12-258, 40-12-260, 40-12-261, 40-12-262, 40-12-264,
40-12-265, 40-12-269, 40-12-271, and 40-12-272 of the Code of Alabama 1975
relating to the staggered registration system; license decals and license plates;
late registration of a motor vehicle and operating a motor vehicle without a current
license plate; definitions; acquiring tags; special registration for wreckers; sending
registration receipts if the data is transferred electronically; penalties and fees;
special training fund; criminal sanctions for operating motor vehicles without
license plates or with license plates from other jurisdictions when Alabama
registrations are required; dealer tag fees; maximum number of dealer tags; motor
vehicle manufacturers' plates; fines for misuse of a dealer or a manufacturer tag;
the cost of replacement tags; sanctions for failure to comply with Department of
Revenue requirements in computing ad valorem taxes and failure to submit
registration information in conjunction with the County On-Line Operational
Registration System; fees received by county officials; assessment and collection
of ad valorem taxes on motor vehicles; Commissioner of Revenue's authority to
promulgate rules and regulations in Chapter 12 of Title 40 of the Code of Alabama
1975; to authorize the funding of the County On-Line Operational Registration
System and appropriate revenue for the administration of the system; to repeal
Sections 32-6-67, 32-6-72, 32-6-92, 40-12-259, 40-12-267, and 40-12-295 in their
entirety; and to provide effective dates for the various sections and subsections.
H. 709. To propose an amendment to the Constitution of Alabama of 1901,
authorizing counties to voluntarily institute and establish a one-stop
payment/issuing motor vehicle registration office for the collection of assessed ad
valorem taxes, license taxes, and other motor vehicle registration and license
fees; to provide for a voluntary referendum in a county; and to provide for certain
retroactive effect.
The above bill was read a second time at length as required by the
Constitution.
H. 833. To make a supplemental appropriation of up to $26,220,000 from
the Public Road and Bridge Fund to the State Highway Department for fiscal year
1991-92 for Federal Aid Matching $25,220,000 and State Maintenance
$1,000,000.
S. 13. Increasing benefits provided under the Peace Officers' Annuity and
Benefit Fund by amending Section 36-21-70 of the Code of Alabama 1975,
REGULAR SESSION 2455
25th Day
retroactive to October 1 , 1991 .
Representative Harper, Chairperson of the Standing Committee on Ways
and Means, reported that said Committee in session had acted on the following bill
and ordered same returned to the House with a favorable report, with amendment,
and it was read a second time and placed on the Calendar, to-wit:
H. 456. (With Amendment): To amend §8-17-91 by changing the amount of
proceeds received by the Department of Agriculture and Industries from $175,000
per month to 8 percent per month.
Representative Higginbotham, Chairperson of the Standing Committee on
Judiciary, reported that said Committee in session had acted on the following bills
and ordered same returned to the House with a favorable report, and they were
severally read a second time and placed on the Calendar, to-wit:
S. 190. To adopt and incorporate into the Code of Alabama 1975 those
general and permanent laws of the state enacted during the 1991 Regular and
First Special Sessions of the Legislature, as contained in the 1991 Cumulative
Supplement to certain volumes of the Code and in the 1991 Replacement
Volumes 18, 19, 19A, 22, and 22A of the Code; and to make corrections in certain
volumes of the cumulative supplement and the 1991 Replacement Volume 18.
H. 338. Relating to the manner and location of execution of persons
convicted of a capital offense to provide for execution of the death sentence by
lethal injection.
Representative Higginbotham, Chairperson of the Standing Committee on
Judiciary, reported that said Committee in session had acted on the following bills
and ordered same returned to the House with a favorable report, with amendment,
and they were severally read a second time and placed on the Calendar, to-wit:
H. 111. (With Amendment): To provide further for the administration,
powers, and duties of the Legislative Reference Service by amending Sections
29-7-2, 29-7-4, 29-7-5, and 29-7-6 and repealing Section 29-7-3 of the Code of
Alabama 1975.
H. 436. (With Amendment): To amend the Alabama Juvenile Justice Act,
Sections 12-15-1, 12-15-65 and 12-15-71, Code of Alabama 1975, so as to further
define the term wmultiple needs childw; to allow the court to refer a child to the
county children's services facilitation team for evaluation prior to adjudication as a
multiple needs child; and to establish procedures for adjudicating a child a
wmultiple needs childw. Further to create a state children's services facilitation
team and establish county children's services facilitation teams in each county, to
provide for membership on those teams, to delineate the duties of the teams, to
provide a time frame for presenting a preliminary and a final service plan; and to
place responsibility on member agencies for implementation of any court-ordered
2456 JOURNAL OF THE HOUSE, 1992
25th Day
service plan. To establish the executive council for the state children's services
facilitation team with policy-making authority. To establish a multiple needs child
fund and make appropriations from the state general fund and the special educa
tional trust fund to this fund for the fiscal year ending September 30, 1993.
Representative Thomas, Chairperson of the Standing Committee on State
Administration, reported that said Committee in session had acted on the following
bills and ordered same returned to the House with a favorable report, and they
were severally read a second time and placed on the Calendar, to-wit:
S. 457. To provide a voluntary checkoff designation on state income tax
returns for contributions to the Foster Care Trust Fund.
H. 798. Regulating further the manufacture and sale of alcoholic beverages;
providing for the licensing of microbreweries and the exemption of microbreweries
from the required separation of financial and business interests between classes
of business regulated by the alcoholic beverage control laws.
Representative Beasley, Chairperson of the Standing Committee on
Business and Labor, reported that said Committee in session had acted on the
following bill and ordered same returned to the House with a favorable report, with
amendments, and it was read a second time and placed on the Calendar, to-wit:
H. 754. (With Amendments): Relating to the annual licensing and bonding
of businesses, individuals, firms, associations, partnerships, companies, or
corporations engaged in the business of recovering or assisting in the recovery of
lost or unclaimed property under the Uniform Disposition of Unclaimed Property
Act, or any other property or outstanding obligation, whether or not monetary in
nature; and providing for requirements for qualification of licensing; providing for
penalties for violations; providing for rulemaking authority; and providing for the
distribution of fees.
Representative Beasley, Chairperson of the Standing Committee on
Business and Labor, reported that said Committee in session had acted on the
following bill and ordered same returned to the House with a favorable report, with
amendment, and it was read a second time and placed on the Calendar, to-wit:
H. 755. (With Amendment): To protect and preserve the property rights and
interests of an absent, incapacitated, or missing owner of property under the
provisions of Article 2 (commencing with Section 35-12-20) of Chapter 12 of Title
35 of the Code of Alabama 1975, and of those persons claiming for them, and to
provide civil penalties for those who violate those rights and interests.
Representative Beasley, Chairperson of the Standing Committee on
Business and Labor, reported that said Committee in session had acted on the
following bills and ordered same returned to the House with a favorable report,
and they were severally read a second time and placed on the Calendar, to-wit: