The Montgomery Advertiser from Montgomery, Alabama • 19

Montgomery Advertiser Thursday, June 17, 1993 3 GOYiWM Lawmakers say no need for electronic gambling monopoly Equal opportunity: One lawmaker said if an electronic gambling bill passes, all counties they want the machines Sen. Parsons said. State Department of Public Safety officials in May told Sen. Parsons there are about 10.000 electronic gambling machines such as video poker already operating illegally at bars and truck stops. Public Safety Director George McMinn said the state could generate new tax revenue by putting license fees and taxes on those existing machines.

The machines take in about $260 million annually and officials say requiring the owners to buy stickers and pay a tax on the profits could generate about $18 million a year. should get to decide if courts rule that Indian tribes can open them on Indian lands, under the proposed gambling legislation. Mayor Dow, Mr. McGregor and Mayor Arrington want Gov. Jim Folsom Jr.

to put revenue measures on the agenda of a special legislative session likely to be called June 28 on government ethics and campaign financing. By Bill Poovey ASSOCIATED PRESS WRITER Electronic gambling machines should not be confined to the four Alabama counties with dog tracks if the Legislature decides to give voters that option, two legislators said Wednesday. State Rep. Steve McMillan, R-Bay Minette, said if an electronic gambling machine bill passes it should give voters in every county the opportunity to decide if they want them. "I think they are going to have to do something like that to get Teague's loyalty questioned Comments: Bettye Fine Collins says disagreeing with a rule is 'perilously close to insubordination' By Mary Orndorff ADVERTISER STAFF WRITER 'J'A member of the state Board of Education, saying she agrees with recent criticism of Superintendent Wayne Teague, is questioning his lpyalty because of comments he made after last week's meeting.

-r Bettye Fine Collins, R-Bir-mingham, said Dr. Teague came close to insubordination" in disagreeing with a regulation the board passed Thursday. "It is totally unacceptable for the superintendent to suggest that he would employ tactics to circumvent the board's decision," Mrs. Collins said in a statement released to news Collins won an extensive battle when the board voted 4-3 to, ban the use of psychotherapeutic techniques in schools. It was a regulation she sponsored and had fhe backing of several conservative watchdog organizations.

I' Counselors and school employees' denied the controversial techniques were used and fought the ban1 they said could hamper their work, depending on its interpretation. Dr. Teague told the Montgom- That would open the door to the gambling bill. State Sen. Mac Parsons, D-Hueytown, said people he has talked to about the prospect of legal gambling machines don't understand why they would be limited to four counties.

"This idea of creating a monopoly doesn't make sense to anybody outside the Legislature," governor," she said. Gov. Folsom is chairman of the state board. Mrs. Collins said the board should have input in Dr.

Teague's proposal to the governor's reform task force, instead of later "validating what has already occurred." "The people of this state don't give much weight to this board, and I want it to have some credibility," she said. "He works for us." Mrs. Collins is on record as opposing Dr. Teague's contract renewal in 1992 but proposed that he receive a pay raise in March 1993. A lobbyist for Mr.

Milo Dakin, has said the state" would reap up to $40 million annually if the machines ar are p'lft ird an at the tracks and in Prichar Mobile, where ollicials eventually put a casino at a new waterfront hotel. Mtm Rep. McMillan also said Legislature should not allow the machines without first creating tf statewide gambling commission. He said the state will chance to regulate the gambling industry if legislation allowing thtf slot machines and other gambling devices is passed first. IS that spending campaign fundsfBt personal use is illegal and qijj tion whether the commissjOiP.

could issue that opinion based; s-n a Montgomery Circuit judge's charge to the jury in former Gov. Guy Hunt's ethics case. They cite part of the Fair Car-paign Practices Act that lists a number of possible uses for cafff-paign donations and conclubVS donations "may be used for any other lawful purpose." ''-vn A spokeswoman for Gov. Jim Folsom Jr. said the court action shouldn't affect his plans to calj-a special session on ethics later this month.

"He's already said he strengthen the law," Peggy Roberts said. "So eveti in its clarified state I don't thfiijv it's as tough as the governor wants it. It might help some- tr clarify it, but I don't think would clear up all the question and all that he thinks needs to done." The legislators asked the couirt to determine whether the Fair Campaign Practices Act language conflicts with or supersedes tMp ethics law against profiting frorn one's public office, whether the secretary of state or Ethics Commission has jurisdiction over campaign accounts, and "the rights, duties, obligations and liabilities of all parties to this action." Staff Writer Katherine Bouma contributed to this report "If we passed a bill up here that had voluntary limits on'-1' Senate campaign, and if I didn't go by it, I think the public wouTd be against me and I think "ft would do irreparable damage me," he said. The Senate voted Wednesday to table a Shelf' amendment that would have elfrn-inated all public financing and spending limits from the carrr-paign reform bill. "si 3 LLOYD OALLMANSTAFF It doesn't matter a hill of beans what he thinks about said shown with board member Don Cleckler at the June 10 meeting.

Rep. McMillan said. Mobile Mayor Mike Dow, Birmingham Mayor Richard Arring-ton and dog track magnate Milton McGregor are pushing to allow electronic gambling machines at the tracks in Mobile, Jefferson, Greene and Macon counties and at other locations in Mobile and Prichard. Each of the counties would be required to hold referendums on gambling machines. The tracks and the other locations in Mobile and Prichard could open casinos if federal 'You don't criticize your employer board member Bettye Fine Collins, ery Advertiser after the meeting that it might be the "worst policy decision" the board had made, but he is employed by the board and must follow its policy.

The superintendent pointed out during the meeting that the same board voted last year to give him the authority to exempt any local school systems from state regulations if they prove a need. "It is not an automatic thing 1 we review them closely," Dr. Teague said of the waiver requests. Mrs. Collins said he was out of line.

"You don't criticize your employer it doesn't matter a hill of beans what he thinks about tional, state officials have been scrambling to find a solution. And Auburn University and the University of Alabama want their voices heard. They will submit written arguments next week on why they should be included in the remedy phase. UA attorney Glenn Powell has argued their exclusion would be "a serious mistake, and they would in no way be intrusive. The Auburn president and UA System chancellor say they are interested in making their schools' training and technology resources available for the system's overhaul and in making sure their budgets are not diminished.

One of the judge's findings in the case is that elementary and secondary schools are grossly underfunded. "There will be ample opportunities throughout the remedial process for the universities as were a harbinger of the debate voters can expect in 1994, when the majority of the court will be up for election. "All of the judicial races in 1994 are going to be a lot more carefully watched by the public," said Rick Heartsill, spokesman for the Civil Justice Reform Committee. The committee a coalition of trade associations and businesses seeking limits on lawsuits said the $4 million verdict against BMW has damaged Alabama's business image and is one the thing passed," for Special session: A spokeswoman for the governor said the court action shouldn't affect his plans STAFF REPORT Five state legislators asked a Montgomery court Wednesday to settle an apparent conflict between two state laws governing personal use of campaign gifts. Although the Legislature last month approved a new law on the subject, it is not retroactive, and the Alabama Ethics Commission's advisory opinion against using campaign contributions for personal matters is causing problems for many public officials, said lawyer Calvin M.

"Whitesell Jr. of Montgomery. Mr. Whitesell and his father, Calvin Whitesell filed the complaint in Montgomery Circuit Court for state Sen. Crum Foshee, D-Andalusia, and state Reps.

Seth Hammett, D-Andalusia; Joe Carothers, D-Dothan; Taylor Harper, D-Grand Bay; and Dewayne Freeman, D-Hunts-ville. Named as defendants are Secretary of State Jim Bennett and the five members of the Ethics Commission. The legislators object to the Ethics Commission's position ing to limit spending on congressional campaigns. Sen. Shelby, a Democrat who lost his bid to strip public financing from a campaign reform bill, said if Congress set voluntarily spending limits for House and Senate races, candidates would have to comply or face the wrath of the public.

"The best limits would be voluntary limits," he said. "You don't need somebody to give you taxpayer's (money) to enforce it. street. "They tell you, our governor, Wednesday. Hunt said his ethics conviction Holly Pond farm But, he said, as well ceived from people Shelby says public pressure should -be used to limit campaign spending Plaintiffs ask to keep colleges out of case Limits: The best limits would be voluntary Richard Shelby said By David Pace ASSOCIATED PRESS WRITER WASHINGTON U.S.

Sen. Richard Shelby said Wednesday that Congress should rely on public pressure not public financ Opponents of the regulation argued national trends are toward site-based management and allowing local schools boards more authority in making decisions. Mrs. Collins said the regulation "covers practices and techniques which teachers and counselors are not legally qualified or authorized to use." She also is seeking an attorney general's opinion on Dr. Teague's recent promotion to a Cabinet-level position with Gov.

Jim Folsom Jr. "I am also concerned with the possible conflict of interest in his serving two masters, the State Board of Education and the Bo Torbert well as other concerned segments of the state to offer their guidance and expertise," attorneys for the kindergarten through 12th-grade schools wrote. C.C. "Bo" Torbert earlier told the judge that the universities' support and assistance would be welcomed. "But formal intervention would be disruptive and cause unwarranted legal fees," he said.

reason BMW selected South Carolina, rather than Alabama, its new plant. A.W. Bolt, the Anniston lawyer who convinced a Birmingham jury to return the big verdict, said, "It would appear from what BMW and its cheering section have been trying to do, they are going to make it a public issue. They are trying to beat the drums about it." He speaks from experience, having run unsuccessfully for the Supreme Court in 1988, when big jury awards were an issue. v-- Li I.

Disruption: They argue permitting intervention would 'open the floodgates' By Mary Orndorff ADVERTISER STAFF WRITER The elementary and secondary schools that sued to overturn the way Alabama spends its money on them are asking a judge not to Tet the state's two largest universities in on the case. "Permitting the universities to intervene would open the floodgates to numerous other entities and individuals with concerns of a-similar nature," according to court documents filed Wednesday. Since the Alabama Coalition for Equity and other groups succeeded in having the school funding formula declared unconstitu Hunt turns 60 while awaiting appeal removal from office following his April 22 and his move back to his have been "a real trying experience." "it has been a real rewarding experience" because of the support he has re- he sees in restaurants or on the; THE ASSOCIATED PRESS Ousted Gov. Guy Hunt, who turns 60 today, said he's spending his days visiting with supporters, working in his garden and listening to the whip-poorwills. "If I hadn't been so mistreated, it'd be like throwing Br'er Rabbit in the briar patch," he said.

BMW case shows future court debate PUBLIC MEETINGS TODAY Montgomery Board of Adjustment: Meets at 2 p.m. in council chambers at City Hall, 103 N. Perry St. 'We are with you and you're sR he said in a telephone 3JI i theS Commission on Higher Edu-1 p.m. at Alabama State Universi-j facility, 1020 Bell St.

St. in Prattville. Environmental Management: rYn Iifle i ncrtn I ri Tntii boat sewaee numn-out stations, i Committees of the Alabama cation: Meet from 2 p.m. to 4 ty in the Joe L. Reed Acadome.

Board of Montgomery Housing Authority: Meets at 3:30 p.m. at the authority's training Judgment: Some say the $4 million verdict against BMW has damaged Alabama's business image By Phillip Rawls ASSOCIATED PRESS WRITER The arguments the Alabama Supreme Court heard Tuesday about a $4 million jury verdict Autauga County Commission: Meets at 5:30 p.m. at thd Mr. Bolt opposed Justice Mark Kennedy and had the support of many organizations involved in the Civil Justice Reform Committee. Now, the business side sees him as one of the lawyers hurting the state's economic climate.

Justice Kennedy will be up for re-election in 1994, as will Justices Sonny Hornsby, Hugh Maddox and Oscar Adams. Justice Henry Steagall is retiring so his seat will be up for grabs, too. a. county courthouse, 134 Court Alabama Department of rrA i if a ri at 7 TY at a nlan to eain federal grants for I Montgomery County Volunteer Firefighters Association: Meets to discuss a volunteer fire department tax at 7 p.m. all South Montgomery County Academy in Grady..