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JOURNAL OF THE SENATE OF THE STATE OF ALABAMA REGULAR SESSION OF 1996 HtLD IN TH.E CITY OF MONTGOMERY COMMENCING TUESDAY, FEBRUARY 6, 1996 VOL.3 WITH AN INDEX PREPARED BY THE SECRETARY OF THE SENATE CONTENT To facilitate research in the Senate Journal, the following informa tion is included at the end for your convenience: 1. Legislative roster, listing names and addresses of all members of the current Legislature by district; 2. Listing of legislative days, with calendar dates and pages on which each day begins; 3. Topic index of general bills listed alphabetically by subject matter; 4. Topic index of local bills listed alphabetically by counties; 5. Topic index of resolutions; 6. Miscellaneous index, including all items not categorized as bills or resolutions; 8. Sponsor index, listing all Senate bills and resolutions alpha betically by author; 9. Senate bill numerical index, with short titles; 10. House bill numerical index, with short titles; 11. Senate joint resolution, Senate resolution numerical index, with short titles; 12. House joint resolution numerical index, with short titles; 13. Act Index. Copyright 1996 State of Alabama TWENTY-NINTH LEGISLATIVE DAY THURSDAY, MAY 9, 1996 The Senate met pursuant to adjournment, Lieutenant Governor Siegelman presiding. PRAYER The Session was opened with prayer by Mr. Charles Moore, Dea con, Hall Memorial C.M.E. Church, Montgomery, Alabama. PLEDGE OF ALLEGIANCE The Senators were led in the Pledge of Allegiance to the Flag of the United States of America by Brett Partain, Rudd Junior High School, Bir mingham, Alabama. ROLL CALL Present: Senators: Adams, Amari, Armistead, Bailey, Barron, Bedford, Biddle, Butler, Clay, Davidson, Denton, Dial, Dixon, Escott-Russell, Figures, Freeman, Ghee, Hale, Hill, Langford, Lindsey, Lipscomb, Little, McClain, Mitchell, Mitchem, Myers, Poole, Roberts, Sanders, Smith, Smitherman, Steele, Waggoner, and Windom -35 REPORT OF COMMITTEE ON RULES ON REVISION OF THE JOURNAL Mr. President: Your Standing Committee on Rules begs leave to report that said committee, in session, has carefully examined the Journal of the Senate for the Twenty-Eighth Legislative Day and finds same correct and containing all original entries and references thereto required by the Constitution. PAT LINDSEY, Chairperson. COMMITTEE REPORT On motion of Senator Lindsey, the foregoing report was concurred in and approved by the Senate. REGULAR SESSION 2251 29th Day JOURNAL And on motion of Senator Mitchell, the reading of the Journal of yesterday was dispensed with and same adopted by the Senate. MOTION TO ADJOURN Senator Mitchell moved that when the Senate adjourns today, it adjourn to meet again on Monday, May 20, 1996, at 9 o'clock A.M., which motion was adopted. REPORT OF COMMITTEE ON RULES Mr. President: Your Standing Committee on Rules begs leave to report that said committee, in session, has compared the following enrolled Senate Bill with the original Senate Bill, and finds same correctly enrolled, to-wit: SB 226. To amend Section 12-15-34 of the Code of Alabama 1975, relating to the transfer of cases from juvenile court to criminal court, to provide that a child charged with certain serious offenses whose juvenile case is transferred to criminal court shall not be granted youthful offender status. PAT LINDSEY, Chairperson. SIGNING OF BILLS The Presiding Officer of the Senate, in the presence of the Senate, after the reading thereof at length had been dispensed with by a two-thirds vote of a quorum of the Senate present, and immediately after its title had been publicly read at length by the Secretary of the Senate, signed the fore going Bill, the title of which is set out in the foregoing report from the Committee on Rules. REPORT OF COMMITTEE ON RULES Mr. President: Your Standing Committee on Rules begs leave to report that said committee, in session, has compared the following enrolled Senate Bill with the original Senate Bill, and finds same correctly enrolled, to-wit: SB 464. To amend Sections 34-8-1, 34-8-2, 34-8-4, 34-8-6, 34- 2252 JOURNAL OF THE SENATE, 1996 29th Day 8-7, 34-8-8, 34-8-9, 34-8-20, 34-8-22, 34-8-24, and 34-8-28 of the Code of Alabama 1975, relating to the contractors licensing board; to further define the term general contractor; to provide for the licensing of subcon tractors; to remove the requirement that the Governor may remove a board member at any time; to provide further for licensing fees, disciplinary pro cedures and fines, advertisements for bids, notice of meetings, compensa tion and expenses of members of the board, and certain allocations to pub lic institutions of higher learning; and to provide for penalties. PAT LINDSEY, Chairperson. SIGNING OF BILLS The Presiding Officer of the Senate, in the presence of the Senate, after the reading thereof at length had been dispensed with by a two-thirds vote of a quorum of the Senate present, and immediately after its title had been publicly read at length by the Secretary of the Senate, signed the fore going Bill, the title of which is set out in the foregoing report from the Committee on Rules. MESSAGE FROM THE HOUSE Mr. President: The House has concurred in and adopted the following Senate Joint Resolutions and returns same herewith to the Senate: SJR 91. MOURNING THE DEATH OF MARTHA ANN MARDRE SCOTT OF OPELIKA, ALABAMA. Also: SJR 92. MOURNING THE DEATH OF WILLIAM H. TAY- LOR. Also: SJR 94. COMMENDING ROBERT A. COTHREN ON HIS DISTINGUISHED PROFESSIONAL CAREER. Also: SJR 102. COMMENDING JEREMY SAYLOR AS PHI THETA KAPPA REGIONAL PRESIDENT FOR THE STATE OF ALABAMA. REGULAR SESSION 2253 29th Day Also: SJR 114. COMMENDING THE COACHES CLUB FOR OUT STANDING COMMUNITY SERVICE TO BAYOU LA BATRE. Also: SJR 115. MOURNING THE DEATH OF SIDNEY J. IRBY, SR., OF MOBILE, ALABAMA. Also: SJR 120. CREATING A JOINT INTERIM LEGISLATIVE STUDY COMMl'ITEE ON THE STATE HEALTH PLANNING AND DEVELOPMENT AGENCY AND STATEWIDE HEALTH COORDI NATING COUNCIL. GREG PAPPAS, Clerk. MESSAGE FROM THE HOUSE Mr. President: The House has concurred in and adopted the following Senate Joint Resolutions and returns same herewith to the Senate: SJR 43. COMMENDING CALVIN BINION, AN OUT STANDING YOUNG ALABAMIAN. Also: SJR 103. DIRECTING THE DEPARTMENT OF TRANSPOR TATION TO CONDUCT A STUDY AND PRESENT A PLAN CON CERNING RAIL/HIGHWAY GRADE CROSSINGS. Also: SJR 112. HONORING MIRIAM P. ZEIGLER FOR HER PRO FESSIONAL ACHIEVEMENTS. Also: SJR 117. NAMING TOM DRAKE DRIVE IN CULLMAN COUNTY. 2254 JOURNAL OF THE SENATE, 1996 29th Day Also: SJR 118. HONORING KATHLEEN FRANKLIN OF THE TOADVINE COMMUNITY OF JEFFERSON COUNTY, ALABAMA, ON THE OCCASION OF HER 85TH BIRTHDAY. Also: SJR 122. COMMENDING WILSON GONCE, ALEXANDER CITY'S MAN OF THE YEAR FOR 1995. Also: SJR 123. COMMENDING MARTHA BELVIN DIXON OF ANDALUSIA, ALABAMA, FOR OUTSTANDING CONTRIBUTIONS TO THE ANDALUSIA/COVINGTON COUNTY COMMUNITY AND TO OTHERS. Also: SJR 124. MOURNING THE DEATH OF CAROLYN ANITA PLEASANTS EDEN. Also: SJR 125. CONGRATULATING THE MCGILL-TOOLEN HIGH SCHOOL LADY JACKET GOLF TEAM OF MOBILE, ALA BAMA. GREG PAPPAS, Clerk. MESSAGE FROM THE HOUSE Mr. President: The House has passed the following Senate Bills and returns same herewith to the Senate: SB 407. Relating to Hale County; to provide the collection and disposition of a special indexing fee. Also: SB 521. Relating to Choctaw County; providing for the estab- REGULAR SESSION 2255 29th Day lishment of a consolidated and unified system for assessment and collection of taxes under the supervision of an elected county official designated as the county revenue commissioner; providing for the election, power, duties, term of office, and compensation of the official; abolishing the offices of tax assessor and tax collector; and providing that the substantive provi sions of the act shall become effective on approval of the electors. Also: SB 729. Relating to Tuscaloosa County; authorizing the sheriff to operate a jail store and contract telephone installation for inmates; pro viding for the deposit of monies earned; and providing for the distribution and auditing of monies earned. Also: SB 738. Relating to Tuscaloosa County; to amend Act No. 56, 1953 Regular Session, as amended by Act No. 94-554, 1994 Regular Ses sion, (Acts, p. 1010), to further authorize the levy of sales and use taxes with respect to selling, storing, using, or otherwise consuming retail ma chines used in the mining, quarrying, compounding, processing, and manu facturing of tangible personal property. GREG PAPPAS, Clerk. MESSAGE FROM THE HOUSE Mr. President: The House has originated and passed the following House Bill and ordered same sent forthwith to the Senate without engrossment: By Rep. Gipson (With Notice and Proof): HB 1013. Relating to Autauga County; to levy a special fire pro tection tax in certain areas of the county; to provide for certain exemptions from the tax; to provide for the collection and distribution of funds derived from the tax; to provide for the expending and accounting of the funds; to provide for the treatment of funds upon dissolution or abandonment of a volunteer fire department; to provide that the county shall be immune from certain liability; and to provide for a referendum on this act. I HEREBY CERTIFY THAT THE NOTICE AND PROOF IS 2256 JOURNAL OF THE SENATE, 1996 29th Day ATTACHED TO THE BILL, HB 1013, AS REQUIRED IN THE GEN ERAL ACTS OF ALABAMA, 1975 ACT NO. 919. GREG PAPPAS, Clerk. GREG PAPPAS, Clerk. HOUSE MESSAGE The House Bill, the title of which is set out in the foregoing Mes sage from the House, was read one time and referred to appropriate Stand ing Committee, as follows: HB 1013 -to the Committee on Local Legislation No. 1 BUDGET ISOLATION RESOLUTION Senator Butler requested and received permission to suspend the Rules in order to bring up the Bill, HB 354. Senator Butler, B.I.R., HB 354, adopted. Yeas I 7 Nays 2 Yeas: Senators: Butler, Clay, Denton, Dial, Dixon, Figures, Freeman, Ghee, Langford, Lind sey, Lipscomb, Little, Mitchell, Myers, Smith, Smitherman, and Steele-I 7 Nays: Senators: Hale and Roberts - 2 BILLS ON THIRD READING RESUMED THE BILL: HB 354. Relating to Morgan County; authorizing the governing bodies of the Cities of Hartselle, Falkville, and Decatur to regulate the op eration of bingo games within their respective jurisdictions within the county and providing for penalties. was taken up.