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JOURNAL OFTHE House of Representatives OFTHE STATE OF ALABAMA REGULAR SESSION OF 1994 HELD IN THE CITY OF MONTGOMERY, ALABAMA COMMENCING TUESDAY, JANUARY 11, 1994 Vol. 3 WITH AN INDEX PREPARED BY THE CLERK OF THE HOUSE EBSCO Printing Company Printers-Binders Birmingham, Alabama JOURNAL OF THE HOUSE OF REPRESENTATIVES OF THE STATE OF ALABAMA REGULAR SESSION OF 1994 TWENTY-THIRD DAY House of Representatives Montgomery, Alabama Thursday, March 24, 1994 The House met pursuant to adjournment. PRAYER The session was opened with prayer by Representative James Cullins. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Kelly Atchison, 12th Grade, Jackson High School, Jackson, 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, Bryant, Burke, Buskey, Butler, Cagle, Campbell, Carns, Carothers, Carter, Clark (W), Clay, Collins, Cosby, Crow, Cullins, Curry, Dolbare, Drake, Flowers, Ford, Freeman, Fuller, Gaines, Gaston, Goodwin, Gullatt, Hall (A), Hall (L), Hamilton, Hammett, Haney, Harper, Harvey, Hawkins, Haynes, Higginbotham, Hill, Hilliard, Hogan, Holladay, Holley, Holmes, Hooper, Johnson, Kennedy, Knight (A), Knight (J), Kvalheim, Laird, Layson, Letson, Lindsey, Mathis, McClain, McDaniel, McDowell, McKee, McMIiian, Melton, Mikell, Millican, Morrow, Morton, Newton (C), Newton (D), Page, Parker (P), Parker (T), Payne, Penry, Perdue, Petelos, Poole, Powell, Rich, Richardson, Rockhold, Rogers (F), Rogers (J), Sanderford, Sanderson, Smith (C), Smith (R), Spratt, Starkey, Thomas, Turner, Turnham, Venable, Walker, Warren, White, Williams, Willis and Zoghby. -104 A quorum was present. 2160 JOURNAL OF THE HOUSE, 1994 23rd 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-second legislative day and finds the same to be correct. TOMMY CARTER Chairman On motion of Representative Carter, the reading at length of the Journal of the House for the twenty-second legislative day was dispensed with, the Report of the Standing Committee on Rules was concurred in and adopted and the Journal for the twenty-second legislative day was approved. LEAVE OF ABSENCE At the request of Representative Zoghby, leave of absence was granted for Representative Box. RESOLUTIONS The following resolutions were introduced: By Representative Campbell: H.J.R. 317. RELATIVE TO MEETING DAYS BE IT RESOLVED BY THE LEGISLATURE OF ALABAMA, BOTH HOUSES THEREOF CONCURRING, That when the two houses adjourn today, Thursday, March 24, 1994, they adjourn to meet again on Tuesday, April 5, 1994. On motion of Representative Campbell, the rules were suspended and the resolution, H.J.R. 317, was adopted. Also: By Representative Campbell: H.R. 318. RELATIVE TO MEETING DAYS BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES, That when we adjourn today, Thursday, March 24, 1994, we adjourn to meet again on Tuesday, April 5, 1994, at 1 :00 p.m. REGULAR SESSION 2161 23rd Day On motion of Representative Campbell, the rules were suspended and the resolution, H.R. 318, was adopted. REPORT OF STANDING COMMITTEE ON RULES Representative Carter, Chairman of the Standing Committee on Rules, reported that said Committee, in session, had acted on the following resolution and ordered same returned to the House with a favorable report: H.J.R. 236. ESTABLISHING THE DEPARTMENT OF EXAMINERS OF PUBLIC ACCOUNTS AS A REPOSITORY FOR AUDIT REPORTS OF ENTITIES RECEIVING OR DISBURSING, OR BOTH, PUBLIC FUNDS. On motion of Representative Carter, the resolution, H.J.R. 236, was adopted. REPORT OF STANDING COMMITTEE ON RULES Representative Carter, Chairman of the Standing Committee on Rules, reported that said Committee, in session, had acted on the following resolution and ordered same returned to the House with a favorable report: S.J.R. 90. ESTABLISHING AN ADVISORY COMMITTEE ON THE LOCA TION OF THE NATIONAL BIOMEDICAL TRACER FACILITY IN THE STATE OF ALABAMA. AMENDMENT OFFERED Representative Venable offered the following amendment to the resolution, S.J.R. 90: Amendment to S.J.R. 90 on page 2, lines 32 and 33, by striking after the word "exceed" the following: "fifteen thousand dollars ($15,000) and inserting in lieu thereof the following: "seven thousand, five hundred dollars ($7,500.00)" AMENDMENT ADOPTED And the amendment was adopted. On motion of Representative Carter, the resolution, S.J.R. 90, as amended, was adopted. 2162 JOURNAL OF lHE HOUSE, 1994 23rd Day REPORT OF STANDING COMMITTEE ON RULES Representative Carter, Chairman of the Standing Committee on Rules, reported that said Committee, in session, had acted on the following resolution and ordered same returned to the House with a favorable report: S.J.R. 95. PROMOTING THE APPOINTMENT OF WOMEN TO STATE AND PUBLIC BOARDS, COMMISSIONS, AND AUlHORITIES. AMENDMENT OFFERED Representative Zoghby offered the following amendment to the resolution, S.J.R. 95: Amend S.J.R. 95 on page 2, line 3 by striking after the word "That" the following: "each appointing authority" and inserting in lieu thereof the following: "The Alabama Women's Commission" AMENDMENT ADOPTED And the amendment was adopted. On motion of Representative Carter, the resolution, S.J.R. 95, as amended, was adopted. REPORT OF STANDING COMMITTEE ON RULES Representative Carter, Chairman of the Standing Committee on Rules, reported that said Committee, in session, had acted on the following resolution and ordered same returned to the House with a favorable report: S.J.R. 100. RECOGNIZING lHE CONTRIBUTIONS OF EXXON TO THE MOBILE AREA AND lHE STATE OF ALABAMA. On motion of Representative Carter, the resolution, S.J.R. 100, was adopted. REPORT OF STANDING COMMITTEE ON RULES Representative Carter, Chairman of the Standing Committee on Rules, reported that said Committee, in session, had acted on the following resolution and ordered same returned to the House with a favorable report: S.J.R. 101. COMMENDING THE LEFLORE GIRLS' BASKETBALL TEAM. REGULAR SESSION 2163 23rd Day On motion of Representative Carter, the resolution, S.J.R. 101, was adopted. REPORT OF STANDING COMMITTEE ON RULES Representative Carter, Chairman of the Standing Committee on Rules, reported that said Committee, in session, had acted on the following resolution and ordered same returned to the House with a favorable report: S.J.R. 103. EXTENDING LEGISLATIVE SUPPORT TO MR. DAVID HOUSEL, AUBURN UNIVERSITY ATHLETIC DIRECTOR. On motion of Representative Carter, the resolution, S.J.R. 103, was adopted. REPORT OF STANDING COMMITTEE ON RULES Representative Carter, Chairman of the Standing Committee on Rules, reported that said Committee, in session, had acted on the following resolution and ordered same returned to the House with a favorable report: S.J.R. 104. EXTENDING THE TIME THAT THE JOINT LEGISLATIVE COMMITTEE ON SOUTHERN LEADERSHIP GOALS SHALL REPORT ITS FINDINGS AND EXTENDING THE LIFE OF THE COMMITTEE. On motion of Representative Carter, the resolution, S.J.R. 104, was adopted. REPORT OF STANDING COMMITTEE ON RULES Representative Carter, Chairman of the Standing Committee on Rules, reported that said Committee, in session, had acted on the following resolution and ordered same returned to the House with a favorable report: H.J.R. 307. HONORING MRS. KITTY STONE OF JACKSON, ALABAMA. On motion of Representative Carter, the resolution, H.J.R. 307, was adopted. REPORT OF STANDING COMMITTEE ON RULES Representative Carter, Chairman of the Standing Committee on Rules, reported that said Committee, in session, had acted on the following resolution and ordered same returned to the House with a favorable report: 2164 JOURNAL OF THE HOUSE, 1994 23rd Day H.J.R. 308. MOURNING THE DEATH OF W. C. BRAGG OF VERNON, ALABAMA. On motion of Representative Carter, the resolution, H.J.R. 308, was adopted. REPORT OF STANDING COMMITTEE ON RULES Representative Carter, Chairman of the Standing Committee on Rules, reported that said Committee, in session, had acted on the following resolution and ordered same returned to the House with a favorable report: H.J.R. 309. COMMENDING COACH J. D. SHELWOOD, THE ALABAMA JUNIOR AND COMMUNITY COLLEGE CONFERENCE SOUTHERN DIVISION COACH OF THE YEAR. On motion of Representative Carter, the resolution, H.J.R. 309, was adopted. REPORT OF STANDING COMMITTEE ON RULES Representative Carter, Chairman of the Standing Committee on Rules, reported that said Committee, in session, had acted on the following resolution and ordered same returned to the House with a favorable report: H.J.R. 310. RECOGNIZING ROBERT JAMES MOORE ON HIS APPOINT MENT AS U.S. MARSHAL IN THE SOUTHERN DISTRICT OF ALABAMA. On motion of Representative Carter, the resolution, H.J.R. 310, was adopted. REPORT OF STANDING COMMITTEE ON RULES Representative Carter, Chairman of the Standing Committee on Rules, reported that said Committee, in session, had acted on the following resolution and ordered same returned to the House with a favorable report: H.J.R. 311. COMMENDING TODD INGLE OF LYNN HIGH SCHOOL FOR OUTSTANDING ACHIEVEMENT. On motion of Representative Carter, the resolution, H.J.R. 311, was adopted. REGULAR SESSION 2165 23rd Day REPORT OF STANDING COMMITTEE ON RULES Representative Carter, Chairman of the Standing Committee on Rules, reported that said Committee, in session, had acted on the following resolution and ordered same returned to the House with a favorable report: H.J.R. 312. COMMENDING TODD TITTLE OF LYNN HIGH SCHOOL FOR OUTSTANDING ACHIEVEMENT. On motion of Representative Carter, the resolution, H.J.R. 312, was adopted. 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 bill and ordered same returned to the House with a favorable report, with substitute, and it was read a second time and placed on the Calendar, to-wit: S. 125. (With Substitute): To create an Education Technology Fund within the State Treasury and to make an appropriation to the Education Technology Fund for six pilot programs to augment the science curriculum for the fiscal year ending September 30, 1994. 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. 321. Providing group health insurance for certain retired judges of probate and legislators in the state employees group health insurance plan and providing that the retired judges and legislators shall pay the entire cost for having such group health insurance. S. 388. To repeal Section 30-3-7 of the Code of Alabama 1975, relating to fees for investigation services performed by the Department of Human Resources in divorce and divorce modification proceedings, and providing for the deposit of the fees in the State General Fund. H. 462. To amend Section 37-1-11 of the Code of Alabama 1975, relating to compensation of the members of the Public Service Commission so as to further provide for the compensation of the members of the Public Service Commission and to provide for a method of periodically reviewing the salaries of the members of the Public Service Commission by the State Personnel Board, for a recommendation to the Governor concerning the salaries, and for either an approval or disapproval of a salary increase by the Governor. 2166 JOURNAL OF THE HOUSE, 1994 23rd Day 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 amendments, and it was read a second time and placed on the Calendar, to wit: H. 808. (With Substitute) (With Amendments): To amend Chapter 13 of Title 16 of the Code of Alabama 1975 and related provisions of the Code of Alabama 1975 for the following purposes, which amendments are contingent on adoption of, and are in conjunction with, an amendment to Article XIV of the Constitution of Alabama of 1901 that mandates the implementation of a foundation program for the annual funding of the public schools to the extent necessary for them to provide an education for all students in every local school district that is adequate according to the Constitution of Alabama and that is needed under the Constitution of Alabama for the implementation of such foundation program to provide for the determination of a total amount of funding to be provided to each local school district on a uniform, statewide basis using formulas that take into account the particular characteristics and needs of each local school district, including the number, size and grade level of each public school in the district, the number of students in the various grade levels of each school, the student-teacher ratios for various grade levels, the number of students participating in vocational or other special instruction programs, the number of students who, on the basis of reasonable criteria, are considered to be at risk of not being successful in school, and the number of students requiring special education because of physical or mental disabilities; to make provision for, and to conform the provisions of the Code of Alabama 1975, to the requirement under the aforesaid constitutional amendment that there shall be levied in each local school district an ad valorem tax of 20 mills and that each local school district shall provide additional local support for its public schools in an amount equivalent to 15 additional mills of property tax in the form of any combination of local property taxes, sales, use or other local taxes, or other funds provided to the local school district by the county, municipality or other political subdivision in which the local school district is located; to provide that each local school district shall receive, under the founda tion program, from the state an amount equal to the difference between the total amount of funding for the local school district determined under the foundation program and the 35 mills of local property tax or its equivalent as aforesaid required to be provided locally from within the local school district, provided that each local school district shall receive not less than the amount, adjusted for inflation and certain other factors, that it received in a specified year prior to the implementation of the foundation program and subject to certain prorations if total available funding from the state is less than the funding otherwise required under the foundation program; to provide for a state appropriation separate from the foundation program; to provide funding for transportation purposes for the local school districts; to make provision for, and conforming changes in the Code of Alabama 1975, to the division that is made by the aforesaid constitutional amend ment of the Alabama special educational trust fund into two funds named the Alabama public school fund and the higher education fund, including, but not