Alabama lawmakers say proposed legislation that would restrict houseboats and other large vessels from using state lakes won’t pass the Legislature in its current form, and a couple doubt any form of the bill will be enacted during this legislative session.The bill, in its most current form, would prohibit houseboats, vessels that exceed 30 feet, 6 inches and boats containing motors larger than 500 horsepower on manmade Alabama lakes not containing locks, which are lakes created by Alabama Power, including Lake Harris, Jordan Lake, Lay Lake, Logan Martin Lake, Mitchell Lake, Neely Henry Lake, Smith Lake and Weiss Lake.
An alternate bill proposed this week to the bill’s sponsor, Sen. Gerald Dial, D-Lineville, would contain a grandfather clause to allow those with houseboats currently on the lake to keep their vessels in those waters.
The bill has raised shackles among the lakes’ boaters and some legislators this week, who question the legislation’s motives. And those motives aren’t clear even among legislators.
Rep. Randy Wood, R-Anniston, is unsure of the bill’s origin, but said "it originated at Lake Harris." He cites poor public support for his opposition to the bill.
"The people don’t want it," he said. "If it does pass, it’ll be so watered down that it won’t change much. When we get back, we’ll be looking at it hard."
The bill will be read in the Senate when the session reconvenes March 28. Lawmakers have next week off for spring break.
The newer version of the bill would also exempt sailboats of any length from the ban, said Rep. Jim McClendon, R-Springville.
"They are really going after boaters," said McClendon, who has vehemently opposed the bill. "I think (the boaters) are justifiably upset. What if they said all RVs over 30 feet are banned from the highways because they burn gas?"
The bill’s companion legislation in the House, sponsored by Rep. Richard Laird, D-Roanoke, has passed the House Agriculture and Forestry Committee and is on the calendar to be read when the session reconvenes.
McClendon said the bill’s sponsors, who both represent the area covered by Harris Lake (Lake Wedowee), should have submitted local bills to cover that lake only if they wanted to satisfy their motives for the bills.
"For them to come into our districts and start dictating rules about our lakes is off base," McClendon said. "They are off base and it’s none of their business."
Alabama Power has voiced support for the bill, which has McClendon suspicious of the utility provider’s stake in the legislation.
"The power company’s interest in this is truly mystifying," McClendon said. "There’s some underlying motive. I would hate to think that Alabama Power would displace those folks.
"This is a diabolical bill. I am opposed to the bill in its current form and am not sure it can be altered well enough for me to support it. When the water skiing folks go back to school, those houseboat folks are still there buying groceries."
Rep. Blaine Galliher, R-Rainbow City, said Alabama Power has such an interest in the bill because of potential for developing the area around Lake Harris.
"It’s definitely a developer situation," he said. "Developers don’t want people living in boats on the lake. The big-money developers are wanting to protect their investment.
"I don’t think you can go in and tell people who have a boat on the lake that they can’t have that boat anymore."
McClendon said with Alabama Power in the debate, homeowners are facing a "David and Goliath" scenario.
"Alabama Power has full-time lobbyists. They have professionals pushing it," he said. "It’s not a fair fight. Boat owners hardly have a toe grip on the playing field.
"The power company is sensitive to public opinion, though, so that could be what makes the difference. People are not going to politically whip the power company."
Sen. Del Marsh, R-Anniston, said the bill has nothing to do with developing, but is an issue of lake pollution.
"It is not at all about that," he said. "We are all interested in reducing the amount of pollution, but you can do that without restricting these boats. This bill doesn’t have hardly any support. Many, including myself, would filibuster it if it came to the floor."
Marsh said the bill in its current form has been such a contentious issue because it was pushed through committee "rather quickly." Marsh sits on the Judiciary Committee, which voted 10-0 to place the bill on the calendar for floor debate.
Sen. Jim Preuitt, D-Talladega, who voiced support for the bill last week, said he doubts the bill will pass in its current form.
"We couldn’t require as strict restrictions as are in the bill," he said "When you go to changing laws that are going to affect as many people as this one, it shouldn’t be passed overnight. I’ve had a lot of calls about this bill, and I’m sure Sen. Dial has had a tremendous amount.
"It’s probably a subject we’ll address next session," he said.
Meanwhile, a bill to allow a statewide vote on a constitutional amendment to ban smoking in all public eating establishments and bars in the state passed the Senate 25-8 Tuesday. If the bill, sponsored by Sen. Vivian Figures, D-Mobile, passes in the House, it will allow state voters the chance to vote for or against a statewide smoking ban. Preuitt, who voted for the bill, said it is unclear whether the referendum would be placed on the gubernatorial primary or general election ballot.
Marsh voiced support for the bill, which he co-sponsored, and said the times are changing to public accommodations being free from smoke.
"This bill pretty much prohibits smoking across the board (if passed by vote)," he said. "I just think in the times we live in, we don’t have nearly as many people smoking. It’s more fair and gives an advantage to eating establishments to restrict smoking everywhere. Too many studies have determined that secondhand smoke is detrimental to your health."
Representatives would not comment on the legislation, saying they had not seen the bill.
In other actions, lawmakers:
O Will hear debate on Rep. Steve Hurst’s (D-Munford) bill to allow residents to use deadly force to defend themselves from attackers in their home or car. Republicans filibustered the bill early in the week in retaliation for Senate Judiciary Committee chairman Mell Smitherman, D-Jefferson, blocking the passage of a bill adding an additional murder charge for anyone accused of murdering a pregnant woman.
House Republicans united to filibuster all Senate bills until the bill came out of committee, but when it became apparent the bill would never leave committee this session, they attempted to push the bill through the House. Then, the bill faced another filibuster from the Black Caucus.
O Debated a bill that would allow state voters to initiate statewide votes on issues not acted on in the Legislature. The House debated but did not vote on the bill, and supporters don’t expect the bill to move this session.
O Passed through the Senate the state’s General Fund, which will undergo debate in the House when the session reconvenes.
O Passed through the House a bill to raise the threshold at which state residents pay Alabama income tax from $4,600 to $20,000. The bill would also change the per-dependant credit from $50 to $1,000.
