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JOURNAL OF THE House of Representatives OF THE STA TE OF ALABAMA FIRST EXTRAORDINARY SESSION OF 1996 HELD IN THE CITY OF MONTGOMERY, ALABAMA COMMENCING MONDAY, JANUARY 8, 1996 Vol 1 WITH AN INDEX PREPARED BY THE CLERK OF THE HOUSE Walker Printing Company Printers-Binders Montgomery, Alabama JOURNAL OF THE HOUSE OF REPRESENTATIVES OF THE STATE OF ALABAMA FIRST EXTRAORDINARY SESSION OF 1996 FIRST DAY House of Representatives Montgomery, Alabama Monday, January 8, 1996 Be it remembered that on the third day of January, 1996, His Excellency, Fob James, Governor of the State of Alabama, issued his proclamation convening the Legislature in extra session 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 Constitution 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 matters, 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 Alabama of 1901, to provide for punitive damages in civil actions and specific provisions governing punitive damages in the course 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. 4 JOURNAL OF THE HOUSE, 1996 1st Day 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 damages for emotional distress and mental anguish; prohibiting the recovery by bystanders, witnesses, or observers, of a physical injury suffered by another; 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 information. 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 offer 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 motions; and to provide for an appeal. 11. Resolution calling for promulgation of a rule by the Supreme Court of Alabama. FIRST EXTRAORDINARY SESSION 5 1st Day 12. Legislation providing for revisions to Alabama's laws governing medical malpractice. 13. Legislation providing for revisions to Alabama's laws governing 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 conduct of an agent. 16. Other legislation to secure reforms in the civil justice system. 17. Local legislation which requires consideration by the legislature at this particular time. IN WITNESS WHEREOF, I have hereunto set my hand as Governor 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 Pursuant to such proclamation, at the hour of 12 o'clock Noon on Monday, January 8, 1996, the Representatives in the Legislature of Alabama assembled in the Hall of the House of Representatives. 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 Rabbi Meir Rosenberg, the Knesseth Israel Congregation, Mountain Brook, Alabama. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Pettus Randall, Ill, 8th Grade, Eastwood Middle School, Tuscaloosa, Alabama. 6 JOURNAL OF THE HOUSE, 1996 1st Day ROLL CALL On a call of the roll of the House, the following members answered to their names: Mr. Speaker, Allen, Baker, Bandy, Black (L), Black (M), Box, Boyd, Burke, Buskey, Carns, Carothers, Carter, Clark (W), Clouse, Collins, Crigler, Curry, Dean, Dolbare, Dukes, Flowers, Ford, Fuller, Gaines, Galliher, Gaston, Gipson, Graham, Guin, Hall (L), Hamilton, Hammett, Haney, Hawk, Hawkins, Hayden, Hill, Hilliard, Hinshaw, Hogan, Holmes, Hooper, Houston, Jackson, Johnson (E), Johnson (R), Jorgensen, Kennedy, Knight (A), Knight (J), Laird, Layson, Lindsey, Maull, McAdory, McClammy, McDaniel, McKee, McMillan, Melton, Millican, Minnifield, Mitchell, Moore, Morrison, Morrow, Morton, Murphree, Newton (C), Newton (D), Page, Papucci, Parker (P), Parker (T), Payne, Penry, Perdue, Petelos, Pringle, Reed, Robinson, Rogers (J), Rogers (M), Sanderford, Sanderson, Seibenhener, Sims, Smith, Spratt, Starkey, Thomas (D), Thomas (J), Townsend, Turner, Turnham, Vance, Venable, Warren, White, Willis and Wren. -102 A quorum was present. LEAVES OF ABSENCE At the request of Representative Hammett, leave of absence was granted for Representative Drake. Also: At the request of Representative Hammett, leave of absence was granted for Representative Hall (A). Also: At the request of Representative Hammett, leave of absence was granted for Representative Letson. RESOLUTIONS The following resolutions were introduced: By Representative Hammett: H.R. 1. NOTIFY SENATE BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES, That the Clerk of the House of Representatives notify the Senate that the House is now in session and is ready for the transaction of public business. FIRST EXTRAORDINARY SESSION 7 1st Day On motion of Representative Hammett, the rules were suspended and the resolution, H.R. 1, was adopted. Also: By Representative Hammett: H.J.R. 2. COMMITTEE APPOINTED TO NOTIFY GOVERNOR LEGISLA TURE IS IN SESSION. BE IT RESOLVED BY THE LEGISLATURE OF ALABAMA, BOTH HOUSES THEREOF CONCURRING, That a committee of six, consisting of three members of the House, to be named by the Speaker of the House, and three members of the Senate, to be named by the Presiding Officer of the Senate, be appointed to notify the Governor that the Legislature is now in session and is ready for the transaction of business. On motion of Representative Hammett, the rules were suspended and the resolution, H.J.R. 2, was adopted. COMMITTEE APPOINTED The Speaker appointed as a committee on the part of the House, Representatives Haney, Flowers and Hooper. Also: By Representative Hammett: H.J.R. 3. COMMITTEE APPOINTED TO ESCORT GOVERNOR TO JOINT SESSION OF LEGISLATURE. BE IT RESOLVED BY THE LEGISLATURE OF ALABAMA, BOTH HOUSES THEREOF CONCURRING, That a joint session of the House and Senate be held at 2:30 p.m. on Monday, January 8, 1996, for the purpose of hearing the message of the Honorable Fob James, Governor of Alabama. BE IT FURTHER RESOLVED, That a committee of six, consisting of three members of the House, to be named by the Speaker of the House, and three members of the Senate, to be named by the Presiding Officer of the Senate, be appointed to wait upon the Governor and advise him that the two Houses will meet in joint session at the hour named above, for the purpose of receiving his message, and that said Committee also serve as a Committee to escort the Governor to the House Chamber in the Alabama State House for the joint session. On motion of Representative Hammett, the rules were suspended and the resolution, H.J.R. 3, was adopted. 8 JOURNAL OF THE HOUSE, 1996 1st Day COMMITTEE APPOINTED The Speaker appointed as a committee on the part of the House, Representatives Maull, Morrison and Graham. MESSAGE FROM THE SENATE Mr. Speaker: I have been directed by the Senate to advise the House that the Senate is now in session and is ready for the transaction of public business. McDOWELL LEE Secretary MOTION TO ADJOURN ADOPTED Representative Hammett offered the motion that when the House adjourns today, it adjourns to meet again at 6:00 o'clock p.m. on Tuesday, January 9, 1996, and the motion was adopted. INTRODUCTION OF BILLS Upon a call of Districts, bills were introduced, severally read one time and referred to appropriate standing committees as follows: By Representative Morrison: H. 1. Relating to motor vehicle distinctive license tags; to amend Section 32-6-302 of the Code of Alabama 1975, relating to the issuance of distinctive license tags or plates to certain educators and retired educators; to provide for a reduction in the fees for the distinctive tags or plates; to allow spouses of the educators to purchase the distinctive license tags or plates; to further provide for distinctive motor vehicle license tags or plates for members of the Most Worshipful Grand Lodge of the Free and Accepted Masons of the State of Alabama or Scottish Rites Masons; to provide for the fees for the distinctive license tags or plates and for the disposition of the net proceeds from the fees; and to provide for a delayed effective date. COMMITTEE ON WAYS AND MEANS By Representative Fuller: H. 2. To make a conditional supplemental appropriation from the State General Fund to the Unified Judicial System (Administrative Office of Courts) in the sum of $922,000 for the fiscal year ending September 30, 1996. COMMITTEE ON WAYS AND MEANS FIRST EXTRAORDINARY SESSION 9 1st Day By Representative Fuller: H. 3. Relating to toll roads and toll bridges; to amend Section 23-1-81, Code of Alabama 1975, to allow county commissions to grant licenses to establish or to operate toll bridges, and to amend Section 37-4-1, Code of Alabama 1975, to remove toll bridges from the definition of utilities. COMMITTEE ON WAYS AND MEANS By Representative Fuller: H. 4. To make appropriations from the General Fund in the State Treasury in the amount of $1,500,000 for both the 1995-1996 fiscal year and the 1996-1997 fiscal year to the Legislature for capital outlay purposes for the acquisition of computer equipment and software. COMMITTEE ON WAYS AND MEANS By Representative Payne: H. 5. To amend Section 22-52-1.2 of the Code of Alabama 1975, relating to mental health and mental retardation; to provide for the exclusion of the home address and the telephone number of the petitioner from the copy of the petition seeking involuntary commitment provided to the respondent. COMMITTEE ON JUDICIARY By Representatives Curry, Hill, Knight (A), Gaines, and Smith (With Notice and Proof): H. 6. Relating to Shelby County; to provide for the assessment of additional court costs in the circuit court and district court of the county for the purpose of funding the county law library. COMMITTEE ON LOCAL LEGISLATION NO. 7 I HEREBY CERTIFY THAT THE NOTICE AND PROOF IS ATTACHED TO THE BILL, H. 6, AS REQUIRED IN THE GENERAL ACTS OF ALABAMA, 1975, ACT NO. 919. GREG PAPPAS, CLERK By Representative Reed (With Notice and Proof): H. 7. To authorize the operator of the greyhound racetrack licensed by the Macon County Racing Commission to transmit televised racing events to other racetracks in the State of Alabama and to locations outside the state for pari mutuel wagering thereon and to create and administer pari-mutuel pools that 10 JOURNAL OF THE HOUSE, 1996 1st Day include bettors at locations receiving the televised racing events; to authorize the operator of the racetrack licensed by the Macon County Racing Commission to receive televised racing events from racetracks in the state and outside the state for pari-mutuel wagering thereon, to conduct pari-mutuel wagering on such racing events, and to participate in pari-mutuel pools that include bettors on such racing events at other locations; to facilitate pari-mutuel wagering on both live and televised racing events by prescribing new schedule of takeouts from pari-mutuel pools that are permitted to be withdrawn by the operator of the greyhound race track licensed by the Macon County Racing Commission; to provide for changing the hours of operation for the racetrack licensed by the Macon County Racing Commission; and to amend Act No. 83-575 to modify the compensation and expense allowances of members of the Macon County Racing Commission. COMMITTEE ON LOCAL LEGISLATION NO. 1 I HEREBY CERTIFY THAT THE NOTICE AND PROOF IS ATTACHED TO THE BILL, H. 7, AS REQUIRED IN THE GENERAL ACTS OF ALABAMA, 1975, ACT NO. 919. GREG PAPPAS, CLERK By Representatives Ford, Galliher, and Page (With Notice and Proof): H. 8. Relating to Etowah County; to amend Act No. 95-284, H. 73, 1995 Regular Session, levying a sales and use tax; and to further provide for the disposition of the proceeds of the revenue raised from the tax. COMMITTEE ON LOCAL LEGISLATION NO. 1 I HEREBY CERTIFY THAT THE NOTICE AND PROOF IS ATTACHED TO THE BILL, H. 8, AS REQUIRED IN THE GENERAL ACTS OF ALABAMA, 1975, ACT NO. 919. GREG PAPPAS, CLERK By Representative McAdory: H. 9. To propose an amendment to the Constitution of Alabama of 1901, to provide that the Legislature, by local act, may provide for the election of the members of the board of education in the City of Bessemer in Jefferson County and may provide further for the operation of the board. COMMITTEE ON LOCAL LEGISLATION NO. 2 The above bill was read a first time at length as required by the Constitution.