The Montgomery Advertiser from Montgomery, Alabama • 2

PAGE 2A WEDNESDAY, FEBRUARY 27,1985 State House Delays Vote On Electricity Boundaries 7 i -i 9 Aft more In the long-run. Chris Conway, a lobbyist for Alabama Power, said the bill will affect all electricity producers. "It specifies territories for all three. It's not just a municipality legislation," he said. "There's no way to eliminate duplication without drawing permanent boundaries." Last year, the Legislature passed a similar bill that was ruled unconstitutional by a federal judge in Montgomery.

Last year's bill failed to exempt the Tennessee Valley Authority, which sells electricity to industries in North Alabama, an omission that rendered the measure unconstitutional in the eyes of U.S. District Judge Robert Varner. But the new bill specifically excludes the TV A from the boundary limitations. Twenty-three cooperatives and 36 municipalities own their own electric systems. Conway said the bill will have to go before the court again to ensure its constitutionality, but this time probably will go to a state judge because the federal TV A has been exempted.

"This goes right back to state court for the validation process," he said. The 36 electricity producing cities are Foley, Fairhope, Robertsdale, Evergreen, Andalusia, Opp, Harford, Dothan, Elba, Luverne, Brundidge, Troy, Tuskegee, Opelika, LaFayette, Alexander City, Lannet, Bessemer, Tarrant, Piedmont, Cullman, Alber-tville, Hartselle, Decatur, Gun-tersville, Fort Payne, Huntsville, Scot-tsboro, Athens, Courtland, Russel-lville, Tuscumbia, Muscle Shoals, Florence, Sheffield and Sylacauga. By PEGGY WTLHIDE Advertiser Staff Writer The Alabama House delayed action Tuesday on legislation that would establish permanent boundaries for electricity suppliers and prohibit electricity-producing cities from selling their service outside city limits. The House convened at 4 p.m., and Speaker Tom Drake said the lawmakers did not have enough time to vote on the measure, more commonly called "territorial" legislation. "There was no way that I saw it that we could have passed territorial without going all night," said Drake, D-Cullman.

The legislation, which is opposed by 36 cities that produce electricity, will be the first matter on the agenda when the House convenes at 9 a.m. Thursday. Wednesday traditionally is reserved for committee meetings. Rep. Jim Campbell, D-Anniston and sponsor of the bill, said it has enough votes to pass.

Currently, Alabama Power rural electric cooperatives and the electricity-producing cities can sell electricity in Alabama. In some areas of the state, customers can choose from any of the three. The bill is supported by Alabama Power and the rural cooperatives, which contend the duplication is costly to consumers. But the cities contend the legislation would create a "Berlin Wall" that unfairly restricts their trade. Alabama power officials admit cities can offer lower electric rates because they.

can take advantage of tax-free municipal bonds. But they claim that duplication of poles, wires and transformers costs consumers Lit- ul Pay Plan Deal OK'd ByTeague (continued from page 1A) considered quotas," he said. Teague argued that without quotas, every teacher with the required years of experience would be promoted to master teacher, the top step of the career ladder, in some school systems. Browder said the problem would be solved by requiring that the state compile and publish data on teacher evaluations before the Legislature reconsiders the plan in 1987. If some systems appeared to be too liberal in their evaluations, legislators could change the plan.

Under the bill, the plan's career ladder would be established in September with two rungs. All teachers who have attained tenure would be classified as professional teachers, and non-tenured teachers would be classified as probationary teachers. During the next year, an evaluation system to be used for decisions on promotions would be drawn up by a 35-member committee. The evaluation would go into effect in September 1986. The top two steps of the four-step ladder would not be added until 1987 after the 1986 legislative and gubernatorial elections.

Browder said the bill be will present to Ways and Means on Wednesday would make it explicit that the second phase would be contingent on the governor's recommendation and action by the Legislature after a year of trying out the evaluations. Browder said there also would be accommodation for more local control, but it is not the control Teague requested. Teague wanted a bill that would establish state minimum standards for promotion on the career ladder and allow local school systems to set higher standards. Browder said his version would spell out that local boards could add steps to the ladder with higher standards if local systems paid teachers more for attaining those higher standards. Some members of the Reform Commission, including Alabama Education Association Executive Secretary Paul Hubbert, said it would violate the equal protection provision of the state constitution to allow local systems to set different standards for the same pay.

Hubbert said that if the bill did allow varying standards for the same pay, AEA would take it to court "before the ink is dry on the governor's signature." -PIMM kj Mart State Sen. Larry Dixon, left, talks with Malcolm Brassell says Brassell's bill wouldn't pass and could hurt reform Dixon Won't Introduce Holiday Pay Bill Senate Education Committee Passes Bill on School Standards By RICK HARMON Advertiser Sufi Writer State Sen. Larry Dixon refused a request Tuesday to introduce a bill calling for legislators to return $155,000 they received in expenses for a Christmas and New Year's holiday recess. The Montgomery Republican told members of the Taxpayers Defense Fund who presented him with a 600-signature petition that he would not introduce the bill because "it had no chance to pass" and could endanger a legislative-pay reform bill that did. "In order to introduce this bill without it going to the Rules Committee, I would have to get the rest of the Senate to vote to suspend the rules," said Dixon, "and that would require a unanimous vote of the Senate." "I promise you there are at least one or two senators who will want that money and after already surviving the heat of a prolonged court battle on the subject, they aren't about to vote to give it up now." Dixon, who said be fought the holiday expenses for more than four hours on the Senate floor before he was outvoted, said be would introduce the bill despite its poor chance of success if be weren't convinced it would dam age the chances of the legislative-pay bill being passed.

The bill, sponsored by Rep. Jack Venable, D-Tallassee, is a proposed constitutional amendment that stems in part from the lawsuit that was filed against the Legislature after lawmakers voted to receive $85-a-day in expenses for a 13-day recess. Under Alabama law legislators receive $10 a day in salary and $85 a day in expenses while the Legislature is in session, plus $600 for office expenses. Venable's bill would establish an annual salary for lawmakers based on the average salary of a state employee, which is now about $21,238 a year. The bill also would call for legislators to receive up to $40 a day in expenses, which is what state employees now receive.

Dixon says legislators have long raised expense pay to avoid raising their salaries by constitutional amendment. He also said the Venable bill would both more honestly tepresent real salary and help avoid misunderstandings about the amount of expenses, legislators actually receive. But Tuesday he told Taxpayers Defense Fund founder Malcolm Brassell "But there are people in the legislature who are totally happy with the way things are and don't want a change," he added. The amendment was offered by Rep. Mo Brooks, R-Huntsville, and was narrowly approved when the bill passed the House Judiciary Committee.

Brooks contends that without his amendment, the bill will constitu-tionalize "double-dipping" by teachers who also serve as legislators. But members of the committee who voted against Brooks's amendment said teachers should be treated the same as a private pralaioiow, and not (continued from page 1A) education are often at odds. Randy Quinn, executive director of the Association of School Administrators, said loss of revenue in the Minimum Fund program did not devastate local systems, but forced them to reduce planned services. "Everyone had to make some shifts locally and they had to make adjustments," said Quinn. "This would assure them of set funding." The Minimum Program funds are divided among the state's 67 county school systems and 59 city school systems on an enrollment basis.

For example, a school system with 1,000 students receives more state funds than a system with 300 pupils. The state funds can be used for capital outlay or operating expenses, Legislative-pay Proposal Hinges on Removal of Teacher-legislator Provision Neither Side Offered Concessions that the Venable bill would never pass if other senators thought the representatives supporting it "were making a grandstand play" about the holiday expenses. "The Venable bill could resolve the confusion surrounding legislative pay once and for all," he said. "Your bill is a popular one, but believe me, regardless of what I do, it's going to get sent to the Rules Committee where it will never be heard from again." Brassell was not convinced. "In other words, what you are telling us," said Brassell, "is that we should just give the $155,000 away." Dixon said that the group "had no other choice." "The courts have ruled on the matter," said Dixon, "and I can promise you, you sure aren't going to stop the expenses this way." Dixon admitted be was upset at the way the group had met with him.

"It a real breach of etiquette," said Dixon. "I can't believe Mr. Brassell would ask if he could talk with me and then call a press conference I was supposed to be part of without telling me anything about it" have to pay a penalty for serving in the legislature. The bill is in the form of a constitutional amendment that must be approved by the Alabama voters. Legislator-educators currently can collect $85 a day in legislative expense pay plus their state teaching salaries.

Venable introduced the bill after lawmakers were criticized for taking a 13-day paid recess during the Christmas holidays. The legislature presently is paid on a per-day basis, but Venable's bill would set an annual legislative salary equal to the average 'salary of state employees. according to Storer Cable Communications General Manager Wayne Watkins. WAKA has had a Channel designation in Selma. Watkins said Tuesday that the Christian Broadcasting Network, currently on Channel 8, will be moved to Channel 13, with the Financial News Network shifted to an as-yet undetermined channel designation above 11 "As far as we are concerned, it's just another channel and we hope it will be a positive addition to our lineup," Watkins said of WAKA.

WAKA General Manager George Singleton said Tuesday that his station has had a CBS affiliation since 1973, "and as far as I know we will continue with CBS." Singleton said his station's plans to move into the Montgomery television market has led to a change in position by some in the business. "We've always been affected by the other stations that are based in Montgomery and seen here," said Singleton. develop programs to help children, he said. Addressing national issues, Kennedy said America's priorities are wrong when one-third of what we spend on defense could save all children from poverty, and tobacco is subsidized while aid to children is cut He added that Americans spend more money for alcohol than for social and welfare programs, more for furs than for the March of Dimes and more for video games than for the United Way. He criticized those who would demand that a welfare mother be prose-N cuted for stealing food stamps to feed her children, but "sigh and say.

That's simply the way life in response to the extravagant prices paid by the VS. Defense Department for common items. Independent Status Expensive By PEGGY WTLHEDE Advertiser Staff Writer A proposal to revamp the way Alabama lawmakers get paid may not survive unless they remove an amendment that prohibits legislators who are teachers from collecting their classroom salary while they are at the Capitol. The sponsor of the bill. Rep.

Jack Venable, D-Tallasee, said his legislative pay proposal will "never see the light of day unless that amendment comes off." "I'm going to to some work on it this week and see where it stands," he said. Farm Credit Vote Postponed (cod tinned from page IA) vances on crop price-support loans, normally not received until harvest time, to provide enough cash to plant crops now. Both proposals are opposed by the White House, which contends that its own credit help moves are the best way to salvage the farmers with the greatest chance of long-term survival while avoiding excessive cost to the Treasury. At the White House, President Reagan met with Republican congressional leaders and took a firm stand against additional aid for farmers. "The president was very strong that be did not think any additional farm-debt legislation was necessary and that he wanted to make clear be would not accept any add-ons to the farm legislation that we proposed and already put into motion," said White House spokesman Larry Speak es.

explained Quinn. The Education Committee also approved a bill that would allow state-paid teachers and administrators to continue working past the age of 70. Dubbed by some opponents the "Ralph Adams Relief Bill," the measure has already passed the House, and the Senate committee's approval moves it one step toward becoming law. Before it can become law, the bill must be passed by the full Senate and signed by the governor. Although supporters deny the measure was designed for Adams, the 69-year-old president of Troy State University, they admit the southeast Alabama school has not started looking for anyone to replace Adams, who, under current law, would be forced to retire in June when he turns 70.

"We would monitor the company's return on equity and rate base on a quarterly basis," said Greer. "If at any time the return was excessive, compared to the rates of other utilities, then the commission would call the company back and argue why further reductions might not take place." Commissioner Jim Sullivan refused to join Folsom and Greer in supporting the proposal, but said he would go along with any agreement reached between the public staff and Bell. Carlton Baker, Bell's vice president for Alabama operations, asked Greer and Folsom if they were willing to vote to take the commission proposal to the Supreme Court. "Will two of you go with that?" Baker asked. Baker said he would agree to the commission proposal if the commissioners would commit themselves to developing a rate stabilization plan.

When Folsom and Greer answered in the affirmative, Baker said, "You have my commitment." With that, the meeting was adjourned and the hearing room quickly emptied, leaving the public staff stunned. "I'm surprised that two commissioners would enter into a settlement with the company and not one other party in the docket," Ms. Battle said. "I'm shocked." Decides Alabama Oil, Gas Land dispute between Alabama and the fed eral government over the state's share of revenue collected from oil and gas deposits located within the government's three-mile boundary near Mobile Bay. The federal government has offered Alabama one-sixteenth of the revenue collected from the leases and any future oil and gas sales.

The state wants 50 percent of the money. Under a bill passed last month at Wallace's urging, any revenue the state collects from mineral deposits wiU be placed in a permanent trust fund. Wallace's bill created the Alabama Trust Fund and locked all future revenue from mineral deposits, plus $347.5 million that was collected from oil and gas leases last August, In the unspen-dable trust. All interest generated by trust estimated at $34 million this year -will be pumped into the state's General Fund. Wallace's bill passed over the objections of senators who wanted to earmark a portion of the royalties for building projects in cities and counties.

Man Helps Police Stop Con Operation (continued from page 1A) manager had found a bond and $30,000 in cash and negotiable bonds in the deposit bag, Adams said. The woman told Adams she would call him later to divide the money. Adams said she gave him her name and the manager's name. When Adams called the bank later in the day, he was told that it did not employ anyone by those names. Adams then called the police department, which sent detectives to wiretap his borne phone.

The detectives also placed a transmitter on him Friday morning, Adams said. A man who said he was the bank manager called Adams before the detectives arrived, Adams said. The man asked Adams to meet with him and the woman in order to make his cash deposit Adams said he told the man he had a doctor's appointment but could meet him Friday rooming. "I was lying. I was stalling for time," Adams said.

The next morning, Adams met the woman in the shopping center where police were waiting. With police following, they drove to his bank on Norman Bridge Road. As they drove in his car, Adams gave the woman $2,000 in marked bills provided by police, Wilson said. Detectives stopped the car near Capital Plaza where they arrested the woman and the two men who had been following. Wilson said the three are suspected of engaging in three similiar swindles that occurred in the city in the past few months and four others that occurred years ago.

He said people often do not report flimflams because they are em-barassed that they were tricked. Adams, who retired in 1969, said be was not nervous or frightened during the operation. "I'm just glad I was able to carry out my ploy and get these folks out of circulation," be said. Last Performance Tenor Enrico Caruso gave his final performance Dec. 24, 1920, at the Metropolitan Opera House in New York City.

SETTING IT STRAIGHT State Rep. Billy Gray was incorrectly identified in The Advertiser on Friday. The Birmingham representative, who was pictured blowing a bubble in the House chamber, is a Republican. The Advertiser wants to correct errors that appear ia tali newspaper. Readers wishing to point oat errors, whether oars or those of oar soirees, sboold contact the dry editor at ZC-lill.

Clarifications will appear promptly in this space. (continued from page IA) from pay phones. Increase charges for local operator assistance. Increase charges for certain specialized business services. Increase charges for giving a customer a number from a distant telephone exchange.

Bell and the public staff returned to the negotiating table after an acrimonious session Monday, but neither side offered any concessions. After some discussion. Commissioner Jtm Folsom" Jr. introduced the commission proposal. Public staff counsel Euell Screws rejected it Screws said the public staff's last proposal would give the company a fair return, but if the company wasn't satisfied "we invite the company to come back tomorrow and ask for a new rate increase." Screws said businesses such as banks would be "hit tremendously" by taking the cap off WATS rates.

He said small businesses would derive no benefit from the commission proposal. Screws also rejected Bell's contention that the public staff bad refused to compromise on its demand that the October increase be cut to $25 million. In offering their proposal, Folsom and Commissioner Lynn Greer stipulated that Bell submit quarterly operating reports to the commission. Supreme Court Owns Submerged (coo tin aed from page LA) Lands division of the Alabama Department of Conservation, said the Dauphin Island-area land would be included the next time the state sells oil and gas leases. Mobil Oil according to Macrory, has already discovered large natural gas deposits in a tract of land located about five miles east of the Dauphin Island waterway.

He said the leases would not be offered until another controversy over ownership of the submerged lands near Mobile's Grant's Pass is set-tied. Both the state and the University of South Alabama claim ownership of thousands of acres of submerged land in the Mobile Bay area. The Legislature passed a bill in December 1983 giving the state control of Grant's Pass, but the University of South Alabama trustees filed suit accusing the state of stealing the property- The suit is pending, but state and university officials have said they are close to settling the controversy. Macrory also said Tuesday's ruling would have no bearing on another (continued from page 1A) According to Whitehurst shifting from network to independent status entails "astronomical out-of-pocket expenses." "It can be a profitable operation because of the popularity of reruns," said Whitehurst "But the fact remains that independents will have to buy everything instead of picking up shows from the network." WSFA has been affiliated with NBC for the 30 years it has been in business and has no intention of changing networks, said Whitehurst "We would have preferred to have the status quo remain, but competition can be very exciting," said Whitehurst "Regardless of what happens, we don't see any of the stations here folding." WAKA is licensed by the FCC as a Selma station, but is included in the Montgomery market by the Arbitron and Nielsen rating services. When it officially begins beaming its signal to a potential 600,000 viewers, it will be on Channel I in Montgomery, mony of abused children should be allowed in court Hearsay evidence also should be allowed so that therapists can testify about what children have told them about the abuse, he said.

He told the group he advocated increased penalties for sexual abuse of children and distribution of child pornography. Legislation providing such measures should be introduced in the Alabama Legislature late next month, Kennedy said. He said background checks should be made of daycare workers and teachers. Kennedy compared failing to check people who care for children for past sex crimes to failing to make sure bankers have not been bankrobbers. Kennedy is chairman of the Children's Trust Fund, a state agency created in 1983 that makes grants and Circuit Judge Urges Missing Children Legislation By ELIZABETH PATTERSON Special to the Advertiser Montgomery Circuit Judge H.

Mark Kennedy urged support Tuesday for legislation that would accelerate searches for missing children and create a missing children's center in Alabama. "There's something wrong when it's easier to find our cars than it is to find our children," Kennedy said. Kennedy also called for a law requiring law enforcement officers to put reports of missing children in a national computer system and a law requiring schools to notify parents each morning a child is absent from school. The judge addressed a meeting of about 35 mental health professionals and interested citizens in Montgomery. He said the use of videotape and anatomically correct dolls in the testi.