69
OFFICIAL JOURNAL OF THE SENATE OF THE STATE OF LOUISIANA _______ THIRTY-SIXTH DAY'S PROCEEDINGS _______ Twenty-Ninth Regular Session of the Legislature Under the Adoption of the Constitution of 1974 _______ Senate Chamber State Capitol Baton Rouge, Louisiana Thursday, June 5, 2003 The Senate was called to order at 1:00 o'clock P.M., by Hon. John Hainkel, President of the Senate. ROLL CALL The roll being called, the following members answered to their names: PRESENT Mr. President Fontenot Malone Adley Gautreaux Marionneaux Bajoie Heitmeier McPherson Barham Hines Michot Boissiere Holden Mount Cain Hollis Romero Chaisson Hoyt Schedler Cravins Irons Smith Dardenne Johnson Tarver Dean Jones, B Theunissen Dupre Jones, CD Thomas Ellington Lambert Ullo Fields Lentini Total—38 ABSENT Bean Total—1 The President of the Senate announced there were 38 Senators present and a quorum. Prayer The prayer was offered by Senator Smith, following which the Senate joined in pledging allegiance to the flag of the United States of America. Reading of the Journal On motion of Senator Lambert, the reading of the Journal was dispensed with and the Journal of yesterday was adopted. Morning Hour Privilege Report of the Legislative Bureau June 5, 2003 To the President and Members of the Senate: I am directed by your Legislative Bureau to submit the following report: The following bills are approved as to construction and duplication. We advise and suggest the following amendments to the engrossed bills. HOUSE BILL NO. 21— BY REPRESENTATIVE MARTINY AN ACT To amend and reenact R.S. 14:220(A), relative to the crime of failure to return rented or leased motor vehicles; to authorize commercial couriers to send notices of return or surrender; and to provide for related matters. Reported without amendments. HOUSE BILL NO. 64— BY REPRESENTATIVE BALDONE AN ACT To amend and reenact Code of Civil Procedure Article 1922, relative to money judgments; to require the inclusion of date of birth of the judgment debtors; and to provide for related matters. Reported without amendments. HOUSE BILL NO. 72— BY REPRESENTATIVE BALDONE AN ACT To amend and reenact R.S. 9:196, relative to tutorship by nature; to authorize a natural tutor to act in matters involving not more than ten thousand dollars; and to provide for related matters. Reported without amendments. HOUSE BILL NO. 87— BY REPRESENTATIVES JOHNS AND ANSARDI AN ACT To amend and reenact Civil Code Articles 395 and 1482 and Code of Civil Procedure Articles 4541(introductory paragraph), 4548, 4549(A)(1), and 4552(B) and to enact Code of Civil Procedure Article 4541(B), relative to the interdiction of persons; to provide for the capacity of an interdict; to provide for the proof of incapacity; to provide for the petition for interdiction; to provide for temporary interdiction; to provide for the recordation of judgments; and to provide for related matters. Reported without amendments. HOUSE BILL NO. 101— BY REPRESENTATIVES POWELL AND R. CARTER AN ACT To amend and reenact Code of Civil Procedure Article 4843(E) and to enact Code of Civil Procedure Article 4843(J), relative to the civil jurisdiction of the City Court of Hammond; to increase the jurisdictional amount of the court; and to provide for related matters. Reported without amendments. HOUSE BILL NO. 106— BY REPRESENTATIVE CAZAYOUX AN ACT To amend and reenact R.S. 14:102.12(introductory paragraph) and to enact R.S. 14:102.18, relative to the seizure and euthanizing of dogs; to authorize law enforcement officers and animal control officers to seize dogs which cause death or inflict serious bodily injury on human beings; to provide for a hearing to determine whether such dogs shall be euthanized; to provide for owner liability for costs and expenses of keeping the dog in certain circumstances; and to provide for related matters. Reported without amendments.

June 5, 2003senate.la.gov/SessionInfo/2003/RS/Journals/06-05-2003.pdfJun 05, 2003  · Baton Rouge, Louisiana Thursday, June 5, 2003 The Senate was called to order at 1:00 o'clock

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Page 1: June 5, 2003senate.la.gov/SessionInfo/2003/RS/Journals/06-05-2003.pdfJun 05, 2003  · Baton Rouge, Louisiana Thursday, June 5, 2003 The Senate was called to order at 1:00 o'clock

OFFICIAL JOURNALOF THE

SENATEOF THE

STATE OF LOUISIANA_______THIRTY-SIXTH DAY'S PROCEEDINGS_______

Twenty-Ninth Regular Session of the LegislatureUnder the Adoption of the

Constitution of 1974_______

Senate ChamberState Capitol

Baton Rouge, LouisianaThursday, June 5, 2003

The Senate was called to order at 1:00 o'clock P.M., by Hon.John Hainkel, President of the Senate.

ROLL CALL

The roll being called, the following members answered to theirnames:

PRESENT

Mr. President Fontenot MaloneAdley Gautreaux MarionneauxBajoie Heitmeier McPhersonBarham Hines MichotBoissiere Holden MountCain Hollis RomeroChaisson Hoyt SchedlerCravins Irons SmithDardenne Johnson TarverDean Jones, B TheunissenDupre Jones, CD ThomasEllington Lambert UlloFields Lentini Total—38

ABSENT

Bean Total—1

The President of the Senate announced there were 38 Senatorspresent and a quorum.

Prayer

The prayer was offered by Senator Smith, following which theSenate joined in pledging allegiance to the flag of the United Statesof America.

Reading of the Journal

On motion of Senator Lambert, the reading of the Journal wasdispensed with and the Journal of yesterday was adopted.

Morning Hour

Privilege Report of theLegislative Bureau

June 5, 2003

To the President and Members of the Senate:

I am directed by your Legislative Bureau to submit the followingreport:

The following bills are approved as to construction andduplication. We advise and suggest the following amendments to theengrossed bills.

HOUSE BILL NO. 21—BY REPRESENTATIVE MARTINY

AN ACTTo amend and reenact R.S. 14:220(A), relative to the crime of failure

to return rented or leased motor vehicles; to authorizecommercial couriers to send notices of return or surrender; andto provide for related matters.

Reported without amendments.

HOUSE BILL NO. 64—BY REPRESENTATIVE BALDONE

AN ACTTo amend and reenact Code of Civil Procedure Article 1922, relative

to money judgments; to require the inclusion of date of birth ofthe judgment debtors; and to provide for related matters.

Reported without amendments.

HOUSE BILL NO. 72—BY REPRESENTATIVE BALDONE

AN ACTTo amend and reenact R.S. 9:196, relative to tutorship by nature; to

authorize a natural tutor to act in matters involving not morethan ten thousand dollars; and to provide for related matters.

Reported without amendments.

HOUSE BILL NO. 87—BY REPRESENTATIVES JOHNS AND ANSARDI

AN ACTTo amend and reenact Civil Code Articles 395 and 1482 and Code of

Civil Procedure Articles 4541(introductory paragraph), 4548,4549(A)(1), and 4552(B) and to enact Code of Civil ProcedureArticle 4541(B), relative to the interdiction of persons; toprovide for the capacity of an interdict; to provide for the proofof incapacity; to provide for the petition for interdiction; toprovide for temporary interdiction; to provide for therecordation of judgments; and to provide for related matters.

Reported without amendments.

HOUSE BILL NO. 101—BY REPRESENTATIVES POWELL AND R. CARTER

AN ACTTo amend and reenact Code of Civil Procedure Article 4843(E) and

to enact Code of Civil Procedure Article 4843(J), relative to thecivil jurisdiction of the City Court of Hammond; to increase thejurisdictional amount of the court; and to provide for relatedmatters.

Reported without amendments.

HOUSE BILL NO. 106—BY REPRESENTATIVE CAZAYOUX

AN ACTTo amend and reenact R.S. 14:102.12(introductory paragraph) and to

enact R.S. 14:102.18, relative to the seizure and euthanizing ofdogs; to authorize law enforcement officers and animal controlofficers to seize dogs which cause death or inflict serious bodilyinjury on human beings; to provide for a hearing to determinewhether such dogs shall be euthanized; to provide for ownerliability for costs and expenses of keeping the dog in certaincircumstances; and to provide for related matters.

Reported without amendments.

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Page 2 SENATE 36th DAY'S PROCEEDINGSJune 5, 2003

HOUSE BILL NO. 140—BY REPRESENTATIVES ANSARDI AND JOHNS

AN ACTTo amend and reenact Children's Code Article 1131 and to enact

Chapter 2-A of Title XI of the Children's Code, to be comprisedof Articles 1107.1 through 1107.9, relative to voluntarysurrender for adoption; to provide rules to facilitate the intent tosurrender process; to provide forms to be used in intent tosurrender cases; to provide procedural safeguards in intent tosurrender cases; and to provide for related matters.

Reported without amendments.

HOUSE BILL NO. 162—BY REPRESENTATIVE MARTINY AND SENATOR CRAVINS

AN ACTTo amend and reenact R.S. 4:702(C)(1), 704(D), 707(C)(4) and (5),

708(B), and 724(B)(2), relative to charitable gaming; to includecommercial lessors in the charitable gaming licensing system; toprohibit the secretary of the Department of Revenue or anyemployee of the office of charitable gaming from having afinancial interest in a commercial lessor; to provide formandatory training for members of a charitable organizationseeking a charitable gaming license who are designated to hold,operate, and conduct the games of chance; to provide for themaximum payout on electronic bingo machines; to repealprovision of law allowing only one parent-teacher association orbooster club for each school; and to provide for related matters.

Reported without amendments. AN ACT

HOUSE BILL NO. 169—BY REPRESENTATIVE BALDONE

AN ACTTo enact R.S. 4:740, relative to the Charitable Raffles, Bingo and

Keno Licensing Law; to define a session for charitable gamingpurposes; to provide for the length of a charitable gamingsession; to provide for the number of sessions which may beconducted per day; to provide with respect to the activitieswhich are considered part of the session; and to provide forrelated matters.

Reported without amendments.

HOUSE BILL NO. 171—BY REPRESENTATIVES ANSARDI AND JOHNS

AN ACTTo amend and reenact Children's Code Articles 412, 603(13),

615(E)(2), 616, 668(A), 675(B)(4), 897(D), 899(D), 1037,1039, 1115(C), 1120, 1122(C) and (F), 1171,1173(A)(introductory paragraph) and (3), 1178(B), 1192,1218(D), 1222(B), 1269.1(A)(introductory paragraph), and1269.3(A) and to enact Children's Code Articles 603(12.1),612.1, 1122(B)(11), and 1130.1, relative to the continuousrevision of the Children's Code; to provide for theconfidentiality of records; to define "institutional abuse orneglect"; to provide for mandatory reporting of abuse; to provide AN ACTfor the investigation of facilities; to provide for disposition of To amend and reenact R.S. 11:2223(A) and (B)(1) and to enact R.S.reports; to provide for the purpose of a central registry; to 11:2214(A)(2)(d) and (e), relative to the Municipal Policeprovide for case plans; to provide for disposition after a Employees' Retirement System; to provide with respect todelinquent act; to provide formalities in termination judgments; membership in the system; to provide for physical examinations;to provide for preplacement approval; to provide for the act of to establish deadlines for submission of certain forms; to requiresurrender form; to provide for pre-surrender counseling; to submission of waivers for preexisting conditions; to provideprovide for the determination of parental capacity; to provide for eligibility criteria for disability benefits; to provide for ana current certification in private adoptions; to provide effective date; and to provide for related matters.requirements for home study; to provide for disclosure ofinformation in adoptions; to provide for continued contact after Reported with amendments.adoptions; and to provide for related matters.

Reported with amendments.

LEGISLATIVE BUREAU AMENDMENTS

Amendments proposed by Legislative Bureau to Engrossed HouseBill No. 171 by Representative Ansardi

AMENDMENT NO. 1On page 19, line 6, following "(B)(6)" and before "of" insert acomma ","

AMENDMENT NO. 2On page 29, lines 3 and 16, following "Article" change "1120.1" to"1130.1"

AMENDMENT NO. 3On page 34, line 24, following "Article" change "1120.1" to "1130.1"

AMENDMENT NO. 4On page 35, line 12, following "Article" change "1120.1" to "1130.1"

HOUSE BILL NO. 179—BY REPRESENTATIVE POWELL

AN ACTTo amend and reenact R.S. 9:2715(B)(1), relative to the transfer of

structured settlement rights; to provide for venue for filing theex parte petition in the parish in which the payee resides; and toprovide for related matters.

Reported without amendments.

HOUSE BILL NO. 204—BY REPRESENTATIVE MONTGOMERY

To amend and reenact R.S. 11:710(B), relative to the Teachers'Retirement System of Louisiana; to provide with respect toreemployment of retirees; to relieve certain retirees reemployedin part-time positions with the Louisiana High School AthleticAssociation from making contributions to the system; to relievethe association from making employer contributions on behalfof any such retiree; to provide for an effective date; and toprovide for related matters.

Reported without amendments.

HOUSE BILL NO. 205—BY REPRESENTATIVE MONTGOMERY

AN ACTTo amend and reenact R.S. 11:221(A)(2) and (C), relative to the

Municipal Police Employees' Retirement System; to providerelative to modification of benefits as a result of earned incomeattributable to gainful employment; to provide relative toearnings statements; to relieve certain disability retirees fromearnings limitations and from submitting annual incomestatements; and to provide for related matters.

Reported without amendments.

HOUSE BILL NO. 217—BY REPRESENTATIVE MONTGOMERY

LEGISLATIVE BUREAU AMENDMENTS

Amendments proposed by Legislative Bureau to Engrossed HouseBill No. 217 by Representative Montgomery

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36th DAY'S PROCEEDINGS Page 3 SENATEJune 5, 2003

AMENDMENT NO. 1On page 3, line 22, change "11:224" to "11:225"

HOUSE BILL NO. 219—BY REPRESENTATIVE MONTGOMERY

AN ACT matters; to provide for fees of office for service in certain civilTo amend and reenact R.S. 11:2214(A)(2)(a), relative to the matters; and to provide for related matters.

Municipal Police Employees' Retirement System; to providewith respect to membership in the retirement system; to remove Reported without amendments.the age limitation on membership for certain elected chiefs; toprovide for an effective date; and to provide for related matters.

Reported without amendments.

HOUSE BILL NO. 232—BY REPRESENTATIVE FUTRELL

AN ACT be operated as a single fund; to provide for the yearly transfer ofTo amend and reenact R.S. 15:542(B)(introductory paragraph), certain surpluses remaining in the fund; and to provide for

(1)(introductory paragraph), and (2)(a), relative to sex offender related matters.registration and notification; to require sex offenders to providea description of their physical characteristics; and to provide for Reported without amendments.related matters.

Reported without amendments.

HOUSE BILL NO. 234—BY REPRESENTATIVE KENNARD

AN ACT presence of certain persons while machines are in use; to specifyTo amend and reenact R.S. 14:95(H), relative to illegal carrying of the persons authorized to pay out cash prizes; and to provide for

weapons; to include coroners in the list of officials who may related matters.carry a concealed handgun when certified by the Council onPeace Officer Standards and Training; and to provide for related Reported without amendments.matters.

Reported without amendments.

HOUSE BILL NO. 243—BY REPRESENTATIVE ANSARDI

AN ACT with respect to survivor benefits; to provide a maximum benefitTo amend and reenact Children's Code Articles 424.1(A), 1015(7), for surviving spouses of active members killed as a result of

1101, and 1193(introductory paragraph); to enact Chapter 13 of injuries sustained in the line of duty; to provide for an effectiveTitle XI of the Children's Code, to be comprised of Articles date; and to provide for related matters.1149 through 1160; and to repeal Children's Code Articles 1701through 1706, relative to safe haven relinquishments of infants; Reported without amendments.to provide for CASA appointments; to provide for defenses toprosecution; to provide for emergency care facilityresponsibilities; to provide for medical evaluations of the infant;to provide for hearings for parents to reclaim parental rights; toprovide procedures when a non-relinquishing parent cannot beidentified; to provide procedural safeguards; and to provide forrelated matters.

Reported without amendments.

HOUSE BILL NO. 247—BY REPRESENTATIVE MONTGOMERY

AN ACTTo amend and reenact R.S. 11:2223(E), relative to the Municipal

Police Employees' Retirement System; to provide with respectto disabilities received in the performance of official duties; toinclude blindness and loss of a limb as service-relateddisabilities for which a benefit equal to a member's final averagecompensation is payable; to provide for an effective date; and toprovide for related matters.

Reported without amendments.

HOUSE BILL NO. 248—BY REPRESENTATIVE TOOMY

AN ACTTo amend and reenact R.S. 13:3886(A) and (B)(1) and R.S.

33:1428(A)(1), (6), (12)(a) and (d), and (13)(c) and (e), relativeto fees of office for services and duties of sheriffs in civil

HOUSE BILL NO. 260—BY REPRESENTATIVE ERDEY

AN ACTTo enact R.S. 15:571.11(C)(5), relative to the disposition of the

Criminal Court Fund for the Twenty-First Judicial District; toprovide that the accounts comprising the Criminal Court Fund

HOUSE BILL NO. 270—BY REPRESENTATIVE MARTINY AND SENATOR CRAVINS

AN ACTTo amend and reenact R.S. 4:715(A)(3) and 727(A) and to enact R.S.

4:724(H), relative to charitable gaming; to provide for the

HOUSE BILL NO. 284—BY REPRESENTATIVE MONTGOMERY

AN ACTTo amend and reenact R.S. 11:2220(B)(1)(a)(ii), relative to the

Municipal Police Employees' Retirement System; to provide

HOUSE BILL NO. 294—BY REPRESENTATIVE MORRELL

AN ACTTo amend and reenact R.S. 15:529.1(C), relative to the habitual

offender law; to provide for applicability based upon the periodof time between each conviction; and to provide for relatedmatters.

Reported without amendments.

HOUSE BILL NO. 340—BY REPRESENTATIVE BALDONE

AN ACTTo amend and reenact R.S. 13:3204(A) and 3205, relative to personal

jurisdiction over nonresidents; to provide for service of processin divorce proceedings; to provide for service of process insummary proceedings; to provide for the rendering ofjudgments; and to provide for related matters.

Reported without amendments.

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Page 4 SENATE 36th DAY'S PROCEEDINGSJune 5, 2003

HOUSE BILL NO. 376—BY REPRESENTATIVE FAUCHEUX

AN ACTTo amend and reenact Code of Criminal Procedure Article 814(A)(5),

relative to responsive verdicts; to provide that "guilty ofnegligent homicide" may be rendered as a responsive verdict toan indictment which charges the offense of manslaughter; and toprovide for related matters.

Reported without amendments.

HOUSE BILL NO. 409—BY REPRESENTATIVE MARTINY

AN ACTTo enact R.S. 27:25.1, relative to the Video Draw Poker Devices

Control Law; to prohibit the assessment of costs on theprevailing party in an administrative proceeding or an appeal;and to provide for related matters.

Reported without amendments.

HOUSE BILL NO. 420—BY REPRESENTATIVES MURRAY AND HEATON

AN ACTTo enact R.S. 13:1222, relative to the clerk of the Orleans Parish

Civil District Court; to authorize the clerk to purchase or leasetwo motor vehicles for the use of the office and to pay thepremiums on the insurance for those motor vehicles; and toprovide for related matters.

Reported without amendments.

HOUSE BILL NO. 455—BY REPRESENTATIVE JACK SMITH

AN ACTTo amend and reenact R.S. 26:80(F) and 280(F), relative to permits

to sell alcoholic beverages of high and low alcoholic content; toprovide that a person is not necessarily disqualified fromreceiving a permit for certain felony convictions; and to providefor related matters.

Reported without amendments.

HOUSE BILL NO. 462—BY REPRESENTATIVES MARTINY AND WELCH

AN ACTTo amend and reenact R.S. 15:708(A)(1)(a), relative to work

programs for prisoners in parish prisons; to provide forparticipation in work activities on the property of, or in thebuildings or other improvements of, certain tax-exemptorganizations; and to provide for related matters.

Reported without amendments. AN ACT

HOUSE BILL NO. 464—BY REPRESENTATIVE MARTINY

AN ACTTo enact R.S. 27:311.1, relative to the Video Draw Poker Devices

Control Law; to provide relative to requirements for submittingcertain information when filing an application for an additionallicense; to provide for applicability; and to provide for relatedmatters.

Reported without amendments. AN ACT

HOUSE BILL NO. 481—BY REPRESENTATIVE MARTINY

AN ACTTo enact Part XIII of Chapter 2 of Title 15 of the Louisiana Revised

Statutes of 1950, to be comprised of R.S. 15:521 through 523,and R.S. 44:3(G), relative to evidence; to provide for proof of anofficial driving record by certificate of the assistant secretary ofthe Department of Public Safety and Corrections, office of motor

vehicles, or his designee; to provide for the admissibility ofofficial driving records; to provide for notice of opposing partiesand opportunity to cross-examine experts; to provide thatcertificates of official driving records are not public records; andto provide for related matters.

Reported without amendments.

HOUSE BILL NO. 504—BY REPRESENTATIVE MARTINY

AN ACTTo amend and reenact R.S. 15:1111(I), relative to the work release

program; to provide that a person convicted of distribution orpossession with intent to distribute certain amounts of cocaineor marijuana may be eligible to participate in the work releaseprogram; and to provide for related matters.

Reported without amendments.

HOUSE BILL NO. 505—BY REPRESENTATIVE MARTINY

AN ACTTo amend and reenact R.S. 15:893.1, relative to assignment of

inmates to Work Training Facility North; to provide that personsconvicted of certain violations of the Uniform ControlledDangerous Substances Law are eligible for assignment; to repealobsolete provisions; and to provide for related matters.

Reported without amendments.

HOUSE BILL NO. 508—BY REPRESENTATIVE MARTINY

AN ACTTo amend and reenact R.S. 15:571.3(D), relative to diminution of

sentence for good behavior; to delete provisions which prohibitcertain inmates from being eligible to receive a diminution ofsentence for good behavior; and to provide for related matters.

Reported without amendments.

HOUSE BILL NO. 509—BY REPRESENTATIVE MARTINY

AN ACTTo enact R.S. 14:2(13)(gg), (hh), (ii), (jj), (kk), (ll), (mm), (nn), and

(oo), relative to crimes of violence; to add certain crimes to thelisting of crimes designated as crimes of violence; and to providefor related matters.

Reported without amendments.

HOUSE BILL NO. 520—BY REPRESENTATIVE JOHNS

To enact R.S. 9:2794(D), relative to expert witnesses; to provide forqualifications of expert witnesses in medical malpractice actionsagainst physicians; to provide for definitions; to provide forcourt discretion in determining qualifications; to provide forexceptions; and to provide for related matters.

Reported without amendments.

HOUSE BILL NO. 545—BY REPRESENTATIVE DANIEL

To enact R.S. 30:2054(B)(2)(b)(ix), relative to air quality control; toprovide for powers of the secretary of the Department ofEnvironmental Quality; to provide for an exemption frompermitting regulations for certain sources of air emissions; andto provide for related matters.

Reported without amendments.

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36th DAY'S PROCEEDINGS Page 5 SENATEJune 5, 2003

HOUSE BILL NO. 577—BY REPRESENTATIVE MARTINY

AN ACTTo enact R.S. 46:1844(M)(3), relative to the right of victims of crime

to seek restitution; to provide that if the court or the parole AN ACTboard requires a convicted criminal defendant to pay restitution To enact Code of Criminal Procedure Article 895(A)(13), relative toto a victim, and if the victim records the restitution order, the conditions of parole; to provide that the court may requirevictim shall not be required to pay the fee which the clerk of certain additional conditions of probation; to provide forcourt collects for recording documents; and to provide for agreements to searches of the person, personal effects, property,related matters. place of residence, or vehicle of that person; to provide relative

Reported without amendments. be conducted with or without a warrant of arrest or with or

HOUSE BILL NO. 580—BY REPRESENTATIVE DANIEL

AN ACTTo amend and reenact R.S. 11:1136(A) and to enact R.S.

11:1136(D), relative to the Louisiana School Employees'Retirement System; to provide with respect to the conversion ofleave to membership credit; to prohibit the conversion of leave AN ACTof less than one-tenth of one year; and to provide for related To enact R.S. 33:4548.5(A)(20) and 4548.6(N), relative to thematters. powers of the Louisiana Local Government Environmental

Reported without amendments. that the authority may make loans to political subdivisions under

HOUSE BILL NO. 590—BY REPRESENTATIVE FAUCHEUX

AN ACTTo enact R.S. 13:851, relative to fees in criminal matters in the

Fortieth Judicial District Court; to require an additional fee incriminal matters, including traffic cases; to provide for use of thefee by the office of the clerk of court; to provide for an annualaudit; and to provide for related matters. AN ACT

Reported without amendments. 13:2496.3(G)(6) and (7), relative to the first appearance hearing

HOUSE BILL NO. 623—BY REPRESENTATIVES THOMPSON, BAUDOIN, BRUCE, CAZAYOUX,DOWNS, FANNIN, FRITH, HILL, KENNEY, LAFLEUR, MORRISH, JACKSMITH, AND STRAIN AND SENATOR SMITH

AN ACTTo amend and reenact R.S. 3:4278.2, relative to timber sales; to

provide relative to the removal of timber without consent ofcertain minority ownership interests; to require publication ofadvertisements and other notification; to provide for thecommencement of harvesting timber; to provide for the rights ofnonconsenting owners; to provide for evidence of violations;and to provide for related matters.

Reported without amendments.

HOUSE BILL NO. 682—BY REPRESENTATIVE BALDONE

AN ACTTo amend and reenact R.S. 40:1299.39.1(D)(2) and 1299.47(D)(2),

relative to a medical review panel proceeding under the MedicalMalpractice Act; to provide that the panel may considerevidence discovered by interrogatories; and to provide forrelated matters.

Reported without amendments.

HOUSE BILL NO. 706—BY REPRESENTATIVES MARTINY AND SCHNEIDER

AN ACTTo enact R.S. 15:574.4(H)(4)(r), relative to conditions of parole; to

provide that the Board of Parole may require additionalconditions of parole; to provide for agreements to searches ofthe person, personal effects, property, place of residence, orvehicle of that person; to provide relative to the conducting ofthe searches; to provide that the searches may be conducted withor without a warrant of arrest or with or without a search warrantunder certain conditions; and to provide for related matters.

Reported without amendments.

HOUSE BILL NO. 707—BY REPRESENTATIVES MARTINY AND SCHNEIDER

to conducting of the searches; to provide that the searches may

without a search warrant under certain conditions; and toprovide for related matters.

Reported without amendments.

HOUSE BILL NO. 711—BY REPRESENTATIVES HAMMETT AND DEWITT

Facilities and Community Development Authority; to provide

any loan guaranty program of any department or agency of theUnited States; to authorize political subdivisions to borrow fromthe authority; and to provide for related matters.

Reported without amendments.

HOUSE BILL NO. 733—BY REPRESENTATIVE MURRAY

To amend and reenact R.S. 13:2496.3(H) and to enact R.S.

officer of the Municipal Court of New Orleans; to provide foradditional duties of the office; to provide for the provisionsterminating the office and evaluation by the Judicial Council oncontinuing the office; and to provide for related matters.

Reported with amendments.

LEGISLATIVE BUREAU AMENDMENTS

Amendments proposed by Legislative Bureau to Reengrossed HouseBill No. 733 by Representative Murray

AMENDMENT NO. 1In Senate Committee Amendment No. 3 proposed by the SenateCommittee on Judiciary B, adopted by the Senate on June 4, 2003, online 9, following "office;" insert close quotes """

HOUSE BILL NO. 752—BY REPRESENTATIVES CAZAYOUX AND BRUCE

AN ACTTo amend and reenact Code of Criminal Procedure Article

202(A)(introductory paragraph) and to enact Code of CriminalProcedure Article 202(D), relative to arrest warrants; to providefor issuance of the warrant by facsimile transmission; and toprovide for related matters.

Reported without amendments.

HOUSE BILL NO. 796—BY REPRESENTATIVE MARTINY

AN ACTTo enact R.S. 14:231, relative to offenses against property; to create

the crime of air bag fraud; to provide for definitions; to providefor criminal penalties; and to provide for related matters.

Reported without amendments.

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Page 6 SENATE 36th DAY'S PROCEEDINGSJune 5, 2003

HOUSE BILL NO. 815— HOUSE BILL NO. 866—BY REPRESENTATIVE MARTINY BY REPRESENTATIVE BEARD

AN ACT AN ACTTo amend and reenact R.S. 14:64.3, relative to attempted armed To enact R.S. 11:431, relative to the Louisiana State Employees'

robbery; to provide for enhanced penalties when a firearm is Retirement System; to provide relative to the purchase of serviceused in the commission of the crime; and to provide for related credit; to provide for the purchase of service credit by a systemmatters. member who was previously a teacher in a nonpublic school; to

Reported without amendments. offset the increased liability of the system; to provide for an

HOUSE BILL NO. 818—BY REPRESENTATIVE PINAC

AN ACTTo amend and reenact R.S. 11:1481(1)(a), relative to the Louisiana

Assessors' Retirement Fund; to provide for financing of thefund; to provide for tax deductions; to provide for an effectivedate; and to provide for related matters.

Reported without amendments.

HOUSE BILL NO. 819—BY REPRESENTATIVES PINAC AND ARNOLD

AN ACTTo amend and reenact R.S. 11:1471, relative to the Assessors' Reported without amendments.

Retirement Fund; to provide relative to the board of trustees; toprovide for membership thereon; to provide for electionprocedures; to provide for an effective date; and to provide forrelated matters.

Reported without amendments.

HOUSE BILL NO. 845—BY REPRESENTATIVES MARTINY, ANSARDI, CAPELLA, DAMICO,LANCASTER, SCALISE, AND TOOMY AND SENATOR LENTINI

AN ACTTo amend and reenact R.S. 15:703, relative to prisoners in parish

jails; to provide with respect to the duties, obligations, andliability of parish governing authorities for medical care requiredto be provided for prisoners in parish jails; to provide withrespect to procedures for prisoners for damages which occur as AN ACTa result of the medical care which is provided for those To enact R.S. 11:1139, relative to the Louisiana School Employees'prisoners; and to provide for related matters. Retirement System; to provide for creditable service; to provide

Reported without amendments. state school board; and to provide for related matters.

HOUSE BILL NO. 849—BY REPRESENTATIVES MARTINY AND BRUCE

AN ACTTo enact R.S. 14:35.3, relative to offenses against the person; to

create the crime of domestic abuse battery; to provide for AN ACTdefinitions; to provide for criminal penalties; to provide for To amend and reenact R.S. 11:1137, relative to the Louisiana Schooladditional penalties when a minor child twelve years or younger Employees' Retirement System; to provide with respect to theis present during the commission of a domestic abuse battery; purchase of substitute service by any active, contributingand to provide for related matters. member of the retirement system; to establish the procedure for

Reported with amendments.

LEGISLATIVE BUREAU AMENDMENTS

Amendments proposed by Legislative Bureau to Reengrossed HouseBill No. 849 by Representative Martiny

AMENDMENT NO. 1In Senate Committee Amendment No. 6 proposed by the SenateCommittee on Judiciary C and adopted by the Senate on June 4,2003, between lines 19 and 20, insert "Section 2. R.S. 14:143(C)(18)is hereby enacted to read as follows:"

provide that such purchase shall be actuarially sufficient to

effective date; and to provide for related matters.

Reported without amendments.

HOUSE BILL NO. 876—BY REPRESENTATIVES JOHNS, PERKINS, BOWLER, BROOME, TRICHE,AND WINSTON

AN ACTTo amend and reenact R.S. 40:34(B)(1)(a)(iv), relative to vital

records forms; to provide for contents of the birth certificate; toprovide for the surname of an illegitimate child in certaincircumstances; to provide for an effective date; and to providefor related matters.

HOUSE BILL NO. 903—BY REPRESENTATIVE SCHNEIDER

AN ACTTo amend and reenact R.S. 11:1755(C), relative to the Municipal

Employees' Retirement System of Louisiana; to provide withrespect to repayment of withdrawn employee contributions; toallow such repayment to be made by a trustee-to-trustee transfer;to provide for an effective date; and to provide for relatedmatters.

Reported without amendments.

HOUSE BILL NO. 904—BY REPRESENTATIVE SCHNEIDER

for purchase of credit for service as an employee of an out-of-

Reported without amendments.

HOUSE BILL NO. 905—BY REPRESENTATIVE SCHNEIDER

such purchases; and to provide for related matters.

Reported without amendments.

HOUSE BILL NO. 907—BY REPRESENTATIVE SCHNEIDER

AN ACTTo amend and reenact R.S. 11:2260(A)(2)(introductory paragraph)

and (a)(introductory paragraph), (c), (d), (e), and (f) and (6) andto enact R.S. 11:2260(A)(2)(g), relative to the Firefighters'Retirement System of Louisiana; to provide for the membershipof the board of trustees; to provide quorum requirements; toprovide for an effective date; and to provide for related matters.

Reported without amendments.

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36th DAY'S PROCEEDINGS Page 7 SENATEJune 5, 2003

HOUSE BILL NO. 908— HOUSE BILL NO. 986—BY REPRESENTATIVE SCHNEIDER BY REPRESENTATIVE MURRAY

AN ACT AN ACTTo enact R.S. 11:1751.1, relative to the Municipal Employees' To amend and reenact R.S. 11:163(B) and to enact R.S. 11:163(C),

Retirement System of Louisiana; to exempt certain elected relative to the Louisiana State Employees' Retirement System;officials from making contributions to the system and to provide to provide for purchase of service credit for time on leavethat they are ineligible for membership; to provide for employer without pay; to provide for an effective date; and to provide forcontributions; to provide for an effective date; and to provide for related matters.related matters.

Reported without amendments.

HOUSE BILL NO. 912—BY REPRESENTATIVE SCHNEIDER

AN ACT To amend and reenact R.S. 14:34.6(A)(2), relative to the crime ofTo enact R.S. 11:1305(D), relative to the Louisiana State Police disarming a peace officer; to provide for applicability to park

Retirement System; to provide for the purchase of service credit wardens; and to provide for related matters.for employment with certain law enforcement agencies; and toprovide for related matters. Reported without amendments.

Reported without amendments.

HOUSE BILL NO. 913—BY REPRESENTATIVE SCHNEIDER

AN ACT relative to the motion for summary judgment; to provide forTo amend and reenact R.S. 11:1312(H) and 1335, relative to the delays for filing; and to provide for related matters.

Louisiana State Police Pension and Retirement System; toprovide with respect to the conversion of annual leave and sick Reported without amendments.leave upon termination of employment; to provide relative tolump sum payments for leave conversion; to allow deposit ofsuch payments directly into the member's Deferred RetirementOption Plan account; to provide for placing Deferred RetirementOption Plan account balances in liquid asset money marketinvestments; to provide for an effective date; and to provide forrelated matters.

Reported without amendments.

HOUSE BILL NO. 924—BY REPRESENTATIVES HUNTER AND BRUCE

AN ACTTo amend and reenact R.S. 15:541(14.1) and to enact R.S. 14:283(E),

relative to sex offender registration; to require a personconvicted of video voyeurism to register as a sex offender; toadd the crime of video voyeurism to the definition of a sexoffense for the purposes of sex offender registration; and toprovide for related matters.

Reported without amendments.

HOUSE BILL NO. 939—BY REPRESENTATIVES BRUCE, HOPKINS, L. JACKSON, ANDMONTGOMERY AND SENATOR BEAN

AN ACT relationship to the regulatory authority of the governingTo enact R.S. 9:2796.2, relative to civil liability; to provide for the authority of the municipality or parish with regard to charitable

limitation of liability for activities sponsored by a nonprofit gaming; and to provide for related matters.organization which operates an animal sanctuary; and to providefor related matters. Reported with amendments.

Reported without amendments.

HOUSE BILL NO. 945—BY REPRESENTATIVE HOPKINS

AN ACTTo enact R.S. 13:2583.3, relative to justice of the peace courts in

Caddo Parish; to authorize each constable of a justice of thepeace court to appoint a deputy constable for that ward; and toprovide for related matters.

Reported without amendments.

Reported without amendments.

HOUSE BILL NO. 997—BY REPRESENTATIVE LAFLEUR

AN ACT

HOUSE BILL NO. 998—BY REPRESENTATIVES GALLOT AND L. JACKSON

AN ACTTo amend and reenact Code of Civil Procedure Article 966(B),

HOUSE BILL NO. 1009—BY REPRESENTATIVE SCHWEGMANN

AN ACTTo enact R.S. 14:34.5.1, relative to offenses against the person; to

create the crime of battery of a bus operator; to provide fordefinitions; to provide for criminal penalties; and to provide forrelated matters.

Reported without amendments.

HOUSE BILL NO. 1062—BY REPRESENTATIVES MARTINY, ANSARDI, DAMICO, ANDLANCASTER

AN ACTTo amend and reenact R.S. 4:707(A)(introductory paragraph) and (B)

through (G), 709(A)(introductory paragraph) and (B), 710, 711,and 713(A) and to enact R.S. 4:706(C) and 707(H) and (I),relative to the conducting and regulation of charitable gaming;to provide for the licensing and regulation of charitable gamingby the governing authority of a municipality or parish; toprovide for the authority of the governing authority of themunicipality or parish with respect to the regulation ofcharitable gaming; to provide for the regulatory authority of theoffice of charitable gaming, Department of Revenue, in

LEGISLATIVE BUREAU AMENDMENTS

Amendments proposed by Legislative Bureau to Reengrossed HouseBill No. 1062 by Representative Martiny

AMENDMENT NO. 1On page 9, line 9, change "4:703(9)" to "4:703(10)"

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Page 8 SENATE 36th DAY'S PROCEEDINGSJune 5, 2003

HOUSE BILL NO. 1103— HOUSE BILL NO. 1153—BY REPRESENTATIVE FRUGE BY REPRESENTATIVES DOWNER, R. CARTER, FAUCHEUX, TOOMY,

AN ACTTo amend and reenact R.S. 9:4753, relative to privileges; to provide

for the lien on proceeds recovered on account of injuries; toprovide for the requirements necessary to effectuate the lien; andto provide for related matters.

Reported without amendments.

HOUSE BILL NO. 1115—BY REPRESENTATIVES TRICHE, CURTIS, DANIEL, DEVILLIER,FAUCHEUX, FRUGE, HUDSON, KENNARD, MCVEA, JACK SMITH, JOHNSMITH, STRAIN, DOWNER, MONTGOMERY, AND PIERRE ANDSENATORS MICHOT, ADLEY, CRAVINS, HINES, HOLDEN, ANDMALONE

AN ACTTo amend and reenact R.S. 11:62(5)(d), 581(B)(1), and 582(A) and

(C), relative to the Louisiana State Employees' RetirementSystem; to provide relative to the employee contribution rate forwildlife agents; to provide for definitions; to provide relative toretirement benefits for wildlife agents; to provide for an effectivedate; and to provide for related matters.

Reported without amendments.

HOUSE BILL NO. 1126—BY REPRESENTATIVE HUNTER

AN ACTTo enact R.S. 13:2081.3, relative to the City Court of Monroe; to

authorize the court to transfer certain funds into the court'sgeneral operational account; to provide for expenditure of thefunds; and to provide for related matters.

Reported without amendments.

HOUSE BILL NO. 1143—BY REPRESENTATIVES RICHMOND, LUCAS, MURRAY, AND ODINETAND SENATOR BAJOIE

AN ACTTo amend and reenact R.S. 16:11(A), relative to the annual salary of

assistant district attorneys payable by the state; to authorize thedistrict attorney of Orleans Parish to reallocate the total amountfixed for the annual salary of his assistant district attorneys; andto provide for related matters.

Reported without amendments.

HOUSE BILL NO. 1144—BY REPRESENTATIVE RICHMOND

AN ACTTo amend and reenact R.S. 16:16(A) and 16.1 and to enact R.S.

16:16.3, relative to court costs in criminal matters; to provide forfees for the office of the district attorney in the parish ofOrleans; to provide for an additional nonrefundable fee incriminal matters; to require the judicial administrator of theCriminal District Court for the parish of Orleans to remit themoney monthly to the district attorney's office; to provide forexpenditure of the money collected; and to provide for relatedmatters.

Reported without amendments.

HOUSE BILL NO. 1145—BY REPRESENTATIVE HUTTER

AN ACTTo enact Civil Code Article 1582.1, relative to donations; to provide

for witnesses; to prohibit persons from witnessing testaments;and to provide for related matters.

Reported without amendments.

AND WELCHAN ACT

To enact R.S. 33:2012, to enact the Louisiana Fire Service Bill ofRights; and to provide for related matters.

Reported without amendments.

HOUSE BILL NO. 1174—BY REPRESENTATIVE DAMICO

AN ACTTo amend and reenact R.S. 30:2011(D)(9) and to enact R.S.

36:254(A)(15) and 354(A)(18), relative to significant dischargesor releases; to require the secretaries of Departments ofEnvironmental Quality, Health and Hospitals, and NaturalResources to give public notice of certain discharges andreleases; and to provide for related matters.

Reported without amendments.

HOUSE BILL NO. 1178—BY REPRESENTATIVE DEVILLIER

AN ACTTo amend and reenact R.S. 14:20(4), relative to justifiable homicide;

to provide that a homicide committed by a person engaged in theacquisition, distribution, or possession with intent to distributea controlled dangerous substance is not justifiable in certaincircumstances; and to provide for related matters.

Reported without amendments.

HOUSE BILL NO. 1227—BY REPRESENTATIVE BOWLER

AN ACTTo amend and reenact R.S. 9:315.40(2) and R.S. 46:236.3(A)(1), to

enact R.S. 46:236.1.1 through 236.1.10, and to repeal R.S.46:236.1, relative to child support programs; to provide fordefinitions; to provide for the responsibilities of the department;to provide for the promulgation of rules; to provide for theauthority of the secretary; to provide for a financial institutiondata match system; to provide for the disclosure of records; toprovide limitations of liability; to authorize consumer reporting;to direct the Louisiana State Law Institute to place theprovisions of Part II of Chapter 3 of the Louisiana RevisedStatutes of 1950, comprised of R.S. 46:231 through 261, intonew Subparts A, B, and C and to amend the headings ofSubparts B and C; and to provide for related matters.

Reported without amendments.

HOUSE BILL NO. 1266—BY REPRESENTATIVE TOWNSEND

AN ACTTo amend and reenact Code of Criminal Procedure Article 914(B),

relative to appeals; to provide for the time in which a motion foran appeal must be made; and to provide for related matters.

Reported without amendments.

HOUSE BILL NO. 1279—BY REPRESENTATIVE SCHNEIDER

AN ACTTo amend and reenact R.S. 11:1301, to enact R.S. 11:1336 through

1338, to designate R.S. 11:1301 through 1338 as Part I ofChapter 4 of Title 11 of the Louisiana Revised Statutes of 1950,and to enact Part II of said Chapter 4, to be comprised of R.S.11:1341 through 1344, relative to the Louisiana State PoliceRetirement System; to provide for definitions; to create anexcess benefit plan; to provide with respect to qualification ofthe retirement system under Section 401(a) of the InternalRevenue Code; to provide for an effective date; and to providefor related matters.

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36th DAY'S PROCEEDINGS Page 9 SENATEJune 5, 2003

Reported without amendments. employee contributions based on emergency circumstances; to

HOUSE BILL NO. 1281—BY REPRESENTATIVE BALDONE

AN ACTTo amend and reenact R.S. 13:2586(C)(2) and 2587.1, R.S.

32:414(A)(3)(a) and (b), and R.S. 30:2522(3), 2531, 2531.5(D),2531.6(A)(2), 2535(E), and 2544(D) and to repeal R.S.30:2531.2, relative to littering; to provide for definitions; toprohibit intentional and simple littering; to provide for criminaland civil penalties; to provide for special court costs; to providefor jurisdiction of justices of the peace; to provide forprosecutorial powers of constables; to provide for enforcement;to provide for litter receptacles; to provide for litter-free zones;and to provide for related matters.

Reported without amendments. To amend and reenact Code of Criminal Procedure Article

HOUSE BILL NO. 1331—BY REPRESENTATIVE WINSTON

AN ACTTo enact R.S. 40:34(B)(1)(h)(vi), relative to birth certificates; to

provide for the inclusion of the name of the father; to provide forcertain evidence and procedures; and to provide for relatedmatters.

Reported without amendments. To amend and reenact R.S. 40:1299.44(C)(5), relative to the Medical

HOUSE BILL NO. 1347—BY REPRESENTATIVE TOOMY

AN ACTTo amend and reenact R.S. 13:717(C), (D)(1) and (2)(e),

(F)(introductory paragraph), and (H) and 718(A), (B), and (I)(2)and to repeal R.S. 13:717(E) and 718(G), relative to the officesof commissioner for the Twenty-Fourth Judicial District Court;to provide for the qualifications and salary of thecommissioners; to repeal the authority of the commissioners tohear criminal trials; to repeal the termination date of the office AN ACTof commissioner; to require the sheriff of Jefferson Parish to To enact R.S. 27:301(B)(16) and 311.1 through 311.6, relative to thecollect the premium fee from each commercial surety Video Draw Poker Devices Control Law; to provide for theunderwriting criminal bail bonds in Jefferson Parish; and to issuance of video draw poker employee permits; to provide forprovide for related matters. definitions; to require a video draw poker employee permit to

Reported without amendments. provide for classes of permits; to provide for suitability

HOUSE BILL NO. 1352—BY REPRESENTATIVE LAFLEUR

AN ACTTo amend and reenact R.S. 14:40.2(B)(3), relative to the crime of

stalking; to provide that orders issued by a magistrateprohibiting contact with the victim of the crime of stalking canserve as the basis for increased penalties; and to provide for AN ACTrelated matters. To amend and reenact R.S. 3:3105(B) and to enact R.S. 3:3107,

Reported without amendments. requirements of cervid species into Louisiana; to provide for

HOUSE BILL NO. 1501—BY REPRESENTATIVES SCHNEIDER, BEARD, DANIEL, MCDONALD,MCVEA, AND SHAW

AN ACTTo amend and reenact R.S. 11:2252, 2253(A)(1)(a)(ii) and (C),

2256(A)(5) and (E)(3), 2260(A)(6) and (8), 2261(A), and2262(D)(2), to enact R.S. 11:2253(D), 2256(B)(1)(f), and2260.1, and to repeal R.S. 11:2260(A)(11)(f), relative to theFirefighters’ Retirement System; to provide with respect to thedefinition of terms; to provide for determinations of eligibilityfor membership in the system; to terminate the authority tomerge employees of certain fire protection districts into thesystem; to provide for application of provisions of law regardingreemployment of retirees to all employees of the system; todefine the term "surviving eligible spouse" for purposes ofpaying survivor benefits; to authorize the payment of refunded

establish quorum and voting requirements for the members ofthe board of trustees; to delete provisions related to the jointadministration with another retirement system; to provideauthority for the correction of administrative errors; to establishstandards by which system funds are invested; to provide withregard to delinquent contributions; to repeal provisions relativeto the merger of individuals into the system, otherwise known as"Act 89 mergers"; to provide for effective dates; and to providefor related matters.

Reported without amendments.

HOUSE BILL NO. 1528—BY REPRESENTATIVE TOWNSEND

AN ACT

814(A)(26) and (27), relative to responsive verdicts; to providefor responsive verdicts for theft and attempted theft; and toprovide for related matters.

Reported without amendments.

HOUSE BILL NO. 1549—BY REPRESENTATIVES DEWITT AND JOHNS

AN ACT

Malpractice Act; to provide relative to the Patient'sCompensation Fund; to provide for discovery; to provide forjury trials; to provide for the effect of certain provisions; and toprovide for related matters.

Reported without amendments.

HOUSE BILL NO. 1789 (Substitute for House Bill No. 465 byRepresentative Martiny)—BY REPRESENTATIVE MARTINY

work as a video draw poker employee; to provide definitions; to

determinations; to provide for the term of a video draw pokeremployee permit; and to provide for related matters.

Reported without amendments.

HOUSE BILL NO. 1797—BY REPRESENTATIVE KENNEY

relative to the importation of cervid species; to provide for entry

penalties; to provide for quarantines; and to provide for relatedmatters.

Reported without amendments.

HOUSE BILL NO. 1806—BY REPRESENTATIVE TOOMY

AN ACTTo amend and reenact R.S. 15:598 and to enact R.S. 15:587.4,

relative to criminal history records checks; to provide withrespect to the authority of a municipal or parish fire department,a fire protection district, or a volunteer fire department to requiresuch background checks; to provide for fees for processing suchrecords checks; and to provide for related matters.

Reported without amendments.

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Page 10 SENATE 36th DAY'S PROCEEDINGSJune 5, 2003

HOUSE BILL NO. 1812— HOUSE BILL NO. 1934—BY REPRESENTATIVE FAUCHEUX BY REPRESENTATIVE BALDONE

AN ACT AN ACTTo enact R.S. 9:2796.2, relative to liability for damages; to provide To amend and reenact R.S. 40:1299.96(A)(2)(b), relative to health

for certain causes of action related to bonfire presentations on care records; to provide that defense counsel and insurancethe Mississippi River levee; to provide for permits; to provide companies shall have access to health care records; and tofor certain restrictions; to provide for definitions; and to provide provide for related matters.for related matters.

Reported without amendments.

HOUSE BILL NO. 1839—BY REPRESENTATIVES BAYLOR AND L. JACKSON

AN ACT To amend and reenact R.S. 27:15(D) and (E), relative to theTo enact Children's Code Article 423(C)(6), relative to the authority Louisiana Gaming Control Law; to provide that civil penalties

of hearing officers in juvenile court; to authorize hearing officers imposed by the Louisiana Gaming Control Board are applicableto hear and make recommendations on all restraining orders to the land-based casino and live horse racing facilitiesfiled in accordance with Children's Code Articles 1569 and conducting slot machine gaming; and to provide for related1570; and to provide for related matters. matters.

Reported without amendments. Reported without amendments.

HOUSE BILL NO. 1849— HOUSE BILL NO. 1956—BY REPRESENTATIVE DEWITT BY REPRESENTATIVE WELCH

AN ACT AN ACTTo amend and reenact R.S. 4:714(B) and to enact R.S. 4:725.1, To enact R.S. 40:2405.4, relative to peace officers; to require

relative to charitable gaming; to authorize the conducting of applicants for jobs as peace officers to provide a DNA sampleprogressive pull-tabs; to create an exception to the total amount and fingerprint prior to commencing the discharge of duties asof prizes which can be awarded in any one charitable gaming a peace officer; to require law enforcement agencies to conductsession; and to provide for related matters. criminal background checks of applicants for the job of peace

Reported without amendments. peace officers; to provide for the adoption of rules; to provide

HOUSE BILL NO. 1855—BY REPRESENTATIVE MORRELL

AN ACTTo amend and reenact R.S. 14:95.1(A), relative to possession or

concealment of a firearm; to provide that it is unlawful for anyperson who has been convicted of a crime which is defined as asex offense in R.S. 15:541(14.1) to possess a firearm or to carrya concealed weapon; and to provide for related matters.

Reported without amendments. AN ACT

HOUSE BILL NO. 1856—BY REPRESENTATIVE LAFLEUR

AN ACTTo enact R.S. 14:71(H) and (I), relative to the crime of issuing

worthless checks; to provide for the evidence which may beintroduced to prove violations of that crime; and to provide forrelated matters.

Reported without amendments. AN ACT

HOUSE BILL NO. 1891—BY REPRESENTATIVE BALDONE

AN ACTTo amend and reenact R.S. 15:542.1(H)(1), relative to registration of

sex offenders; to provide relative to exceptions of registrationrequirements; and to provide for related matters.

Reported without amendments.

HOUSE BILL NO. 1907—BY REPRESENTATIVE WINSTON

AN ACTTo amend and reenact R.S. 9:355.12 and 355.13, relative to

relocating the residence of a child; to provide for thedetermining factors; to provide relative to the burden of proof;and to provide for related matters.

Reported without amendments.

Reported without amendments.

HOUSE BILL NO. 1940—BY REPRESENTATIVE WOOTON

AN ACT

officers; to provide for voluntary testing of currently employed

for storage of DNA material and procedures prior to testing; toprovide for purposes for which the DNA may be tested; toprovide for alternative samples; to provide for definitions; toprovide for penalties for unauthorized use of DNA samples; andto provide for related matters.

Reported without amendments.

HOUSE BILL NO. 1959—BY REPRESENTATIVE WINSTON

To enact R.S. 26:85.1, relative to the Alcoholic Beverage ControlLaw; to authorize a person to engage in business as amanufacturer and as a retailer at the same time under specifiedcircumstances; and to provide for related matters.

Reported without amendments.

HOUSE BILL NO. 1981—BY REPRESENTATIVE MARTINY

To enact R.S. 14:106.2, relative to offenses affecting the generalpeace and order; to prohibit the engaging of certain sexual actsin public; to provide for criminal penalties; and to provide forrelated matters.

Reported without amendments.

HOUSE BILL NO. 2008 (Substitute for House Bill No. 1676 byRepresentatives Kennard and Ansardi)—BY REPRESENTATIVES ANSARDI, KENNARD, AND MURRAY

AN ACTTo amend and reenact R.S. 13:3041, 3042, 3044(C), and 3106 and

R.S. 23:965(A)(1) and to enact R.S. 13:3042.1 and 3050,relative to jury service; to provide for public policy; to providefor waivers of petit jury service; to provide for postponementsof petit jury service; to provide for frequency of service onjuries; to provide for the Lengthy Trial Fund; to provide forapplicability of certain provisions in Orleans Parish; to provide

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36th DAY'S PROCEEDINGS Page 11 SENATEJune 5, 2003

for the prohibition against dismissal of employees for juryservice; and to provide for related matters.

Reported without amendments.

HOUSE BILL NO. 2009 (Substitute for House Bill No. 1012 byRepresentative Devillier)—BY REPRESENTATIVE DEVILLIER

AN ACT chairman of the state and the private medical review panelsTo enact R.S. 40:962.1.1, relative to the Uniform Controlled within one year from the date of request; to provide for the

Dangerous Substances Law; to provide for the crime of dismissal of claims; to provide for unanimous decisions by statepossession of twelve grams or more of ephedrine, and private medical review panels; to provide for the paymentpseudoephedrine, or phenylpropanolamine or their salts; to of the costs; to provide for the posting of a cash or surety bondprovide for penalties; to provide for applicability; and to provide in certain circumstances; and to provide for related matters.for related matters.

Reported without amendments.

HOUSE BILL NO. 2013 (Substitute Bill for House Bill No. 1725 Representative Winston)—by Representative Townsend)—BY REPRESENTATIVE TOWNSEND

AN ACT To enact R.S. 15:587.1(H), relative to the Louisiana Bureau ofTo amend and reenact R.S. 44:4.1(B)(1) and to enact Part XVI of Criminal Identification and Information; to provide with respect

Chapter 5 of Title 3 of the Louisiana Revised Statutes of 1950, to the duty to provide information; to provide that licensed childto be comprised of R.S. 3:559.1 through 559.13 and R.S. placement agencies and persons authorized to conduct36:629(Q) and 919.7 and R.S. 56:319(F), relative to preplacement home studies shall have access to criminal historyaquacultural development; to create the Louisiana Aquaculture information on certain persons; and to provide for relatedCoordinating Council; to provide for the membership, matters.organization, powers, and duties of the Louisiana AquacultureCoordinating Council; to provide for the powers of the Reported without amendments.commissioner of the Department of Agriculture and Forestry; toprovide relative to authority from the Department of Wildlifeand Fisheries to possess certain fish; to require certain aquaticproducers to obtain a license or permit; to provide for fees forthe issuance of such license of permit; to establish criteria forinspecting licensed facilities; to provide for the deposit anddisbursement of fees and penalties; to enumerate violations; toprovide for investigations of facilities; to provide civil penaltiesfor violations; and to provide for related matters.

Reported with amendments.

LEGISLATIVE BUREAU AMENDMENTS

Amendments proposed by Legislative Bureau to Reengrossed HouseBill No. 2013 by Representative Townsend

AMENDMENT NO. 1On page 11, line 13, following "by" and before "of" change Adoption of Legislative Bureau Report"Paragraph(C)(2)" to "Subsection C"

AMENDMENT NO. 2On page 16, line 3 change "551.12" to "559.12"

AMENDMENT NO. 3In Senate Committee Amendment No. 6 proposed by the SenateCommittee on Agriculture, Forestry, Aquaculture, and RuralDevelopment adopted by the Senate on June 4, 2003, on line 25,following "page 21," delete the remainder of the line and insert in lieuthereof "delete lines 5 through 8 in their entirety"

AMENDMENT NO. 4In Senate Committee Amendment No. 7 proposed by the SenateCommittee on Agriculture, Forestry, Aquaculture, and RuralDevelopment adopted by the Senate on June 4, 2003, on line 27,change "Section 5" to "Section 4"

HOUSE BILL NO. 2014 (Substitute for House Bill No. 1224 byRepresentative Walsworth)—BY REPRESENTATIVES WALSWORTH, DEWITT, AND JOHNS

AN ACTTo amend and reenact R.S. 40:1299.39.1(A)(2)(c) and (I)(3) and (4)

and 1299.47(A)(2)(c) and (I)(2)(b) and to enact R.S.40:1299.47(I)(2)(c) and (d), relative to medical malpracticereview panels; to provide for the failure to appoint an attorney

Reported without amendments.

HOUSE BILL NO. 2017 (Substitute for House Bill No. 641 by

BY REPRESENTATIVE WINSTONAN ACT

HOUSE BILL NO. 2028 (Substitute for House Bill No. 1240 byRepresentative Townsend) (Duplicate of SB 1040)—BY REPRESENTATIVE TOWNSEND

AN ACTTo amend and reenact R.S. 26:2(7), 71(A)(introductory paragraph)

and (1), 80(B) and (C)(2), 85, 271(A)(introductory paragraph)and (5), 273(A)(2) through (5) and (B), and 280(B) and to enactR.S. 26:2(20), relative to alcoholic beverages; to require certainpersons to obtain a permit to deal in alcoholic beverages; toprovide for requirements; to provide exemptions; and to providefor related matters.

Reported without amendments.Respectfully submitted,

LOUIS LAMBERTChairman

On motion of Senator Lambert, the Legislative Bureauamendments were adopted and the Bills and Joint Resolutions wereread by title and passed to a third reading.

Introduction ofSenate Concurrent Resolutions

Senator Lambert asked for and obtained a suspension of therules for the purpose of introducing and reading the following SenateConcurrent Resolutions a first and second time and acting upon themas follows:

SENATE CONCURRENT RESOLUTION NO. 124—BY SENATOR MOUNT

A CONCURRENT RESOLUTIONTo commend and congratulate Mr. Edwin Roscoe Dixon on the

occasion of his 100th birthday.

The resolution was read by title. Senator Mount moved to adoptthe Senate Concurrent Resolution.

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Page 12 SENATE 36th DAY'S PROCEEDINGSJune 5, 2003

ROLL CALL

The roll was called with the following result:

YEAS

Mr. President Hines McPhersonBarham Hollis MichotBoissiere Hoyt MountChaisson Irons RomeroDardenne Johnson SmithDupre Jones, CD TarverEllington Lambert TheunissenFontenot Lentini ThomasGautreaux Malone UlloHeitmeier Marionneaux Total—29

NAYS Total—0

ABSENT

Adley Cravins Jones, BBajoie Dean SchedlerBean FieldsCain Holden Total—10

The Chair declared the Senate had adopted the SenateConcurrent Resolution and ordered it sent to the House.

SENATE CONCURRENT RESOLUTION NO. 125—BY SENATOR B. JONES

A CONCURRENT RESOLUTIONTo urge and request the Department of Transportation and

Development to place the appropriate signs on Interstate 20identifying the Delta Ouachita Campus of the LouisianaTechnical College and the West Ouachita Industrial Park.

On motion of Senator Lambert, the resolution was read by titleand referred to the Committee on Transportation, Highways, andPublic Works.

Messages from the House

The following Messages from the House were received and readas follows:

Message from the House

ASKING CONCURRENCE INHOUSE BILLS AND JOINT RESOLUTIONS

June 5, 2003

To the Honorable President and Members of the Senate:

I am directed to inform your honorable body that the House ofRepresentatives has finally passed and asks your concurrence in thefollowing House Bills and Joint Resolutions:

HOUSE BILL NO. 274—BY REPRESENTATIVE WALKER Representative Hebert)—

AN ACTTo appropriate funds out of the General Fund of the state of

Louisiana for Fiscal Year 2003-2004 to be used to pay certainjudgments against the state; to pay the judgments rendered in"Mary A. Brouillette v. Gilchrist Construction Company and thestate of Louisiana through the Department of Transportation andDevelopment" c/w Billy Hendrix, et al v. Gilchrist ConstructionCompany, et al; to pay the consent judgments in "Janice Marie

Miller, et ux and Amanda Heather Belgard, et ux v. State ofLouisiana, through the Department of Transportation andDevelopment"; to provide for interest; to provide for costs; andto provide for related matters.

HOUSE BILL NO. 1202—BY REPRESENTATIVES FUTRELL AND MONTGOMERY

AN ACTTo amend and reenact R.S. 37:2150, 2150.1(4), 2156.1(C), (F), and

(H), 2156.2(D), and 2159(D) and to enact R.S. 37:2156.1(M),relative to the state Licensing Board for Contractors; to providefor legislative intent; to provide for licensure and regulation ofpersons who perform heating, ventilation, air conditioning, andrefrigeration work; and to provide for related matters.

HOUSE BILL NO. 1261—BY REPRESENTATIVE DANIEL

AN ACTTo appropriate funds out of the General Fund of the state of

Louisiana for Fiscal Year 2003-2004 to be used to pay certainjudgments against the state; to pay the consent judgment in"Kasey J. Kidder v. State of Louisiana, through the Departmentof Transportation and Development"; to pay the consentjudgment in "Louisiana United Businesses Self Insured Fund v.the State of Louisiana, Department of Transportationconsolidated with David L. Blount v. the State of Louisiana,through the Department of Transportation and Development"; topay the consent judgment in "Patrick Outlaw v. State ofLouisiana, through the Department of Transportation andDevelopment, et al"; to pay the consent judgments in "DonGross, individually and as natural tutor of his minor children,Don Terrell Spears and Adarian Dante Spears, and MitchellDominic v. State of Louisiana, through the Department ofTransportation and Development"; and to provide for relatedmatters.

HOUSE BILL NO. 1654—BY REPRESENTATIVE LAFLEUR

AN ACTTo appropriate funds out of the General Fund of the state of

Louisiana to be used to pay certain judgments against the state;to pay the consent judgments in the suits entitled "Kerry KathrynGordon Benoit and Breanna Hope Benoit v. The HartfordCasualty Insurance, et al."; "Betty Frady Huddleston v. State ofLouisiana, Department of Transportation and Development;"Dorothy Calico and Kelly Calico v. Angelo Iafrate, LouisianaDepartment of Transportation and Development, ABCContracting Company, DEF Insurance Company and XYZInsurance Company; "Dale Rice, individually and on behalf ofJonathan T. Rice v. Zulema VA. Miller, Johnny C. Miller, theParish of East Feliciana, the State of Louisiana through theDepartment of Transportation and Development,Transcontinental Pipeline Gas Company and XYZ InsuranceCompany"; "Linda Rainey, as the tutor of Kody Michel v. Stateof Louisiana, Department of Transportation and Developmentand Department of Public Works; the Parish of St. Tammany;Town of Abita Springs; Wal-Mart, Inc., and XYZ EngineeringCompany"; and "Pique-Weinstein-Pique-Architects, Inc. v.Louisiana Stadium and Exposition District"; to provide forinterest; to provide for court costs; to provide for an effectivedate; and to provide for related matters.

HOUSE BILL NO. 2005 (Substitute for House Bill No. 1082 by

BY REPRESENTATIVE HEBERTAN ACT

To enact R.S. 22:1513.1, relative to review of dental claims; toprovide relative to appeals of denied dental claims; and toprovide for related matters.

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36th DAY'S PROCEEDINGS Page 13 SENATEJune 5, 2003

Respectfully submitted, Casualty Insurance, et al."; "Betty Frady Huddleston v. State ofALFRED W. SPEER Louisiana, Department of Transportation and Development;

Clerk of the House of Representatives "Dorothy Calico and Kelly Calico v. Angelo Iafrate, Louisiana

House Bills and Joint Resolutionson First Reading

The following House Bills and Joint Resolutions were read afirst time by their titles and placed on the Calendar for their secondreading:

HOUSE BILL NO. 274—BY REPRESENTATIVE WALKER

AN ACTTo appropriate funds out of the General Fund of the state of

Louisiana for Fiscal Year 2003-2004 to be used to pay certainjudgments against the state; to pay the judgments rendered in"Mary A. Brouillette v. Gilchrist Construction Company and thestate of Louisiana through the Department of Transportation andDevelopment" c/w Billy Hendrix, et al v. Gilchrist ConstructionCompany, et al; to pay the consent judgments in "Janice MarieMiller, et ux and Amanda Heather Belgard, et ux v. State ofLouisiana, through the Department of Transportation andDevelopment"; to provide for interest; to provide for costs; andto provide for related matters.

The bill was read by title; lies over under the rules.

HOUSE BILL NO. 1202—BY REPRESENTATIVES FUTRELL AND MONTGOMERY

AN ACTTo amend and reenact R.S. 37:2150, 2150.1(4), 2156.1(C), (F), and

(H), 2156.2(D), and 2159(D) and to enact R.S. 37:2156.1(M),relative to the state Licensing Board for Contractors; to providefor legislative intent; to provide for licensure and regulation of The following House Bills and Joint Resolutions were read apersons who perform heating, ventilation, air conditioning, and first time by their titles and placed on the Calendar for their secondrefrigeration work; and to provide for related matters. reading:

The bill was read by title; lies over under the rules.

HOUSE BILL NO. 1261—BY REPRESENTATIVE DANIEL

AN ACTTo appropriate funds out of the General Fund of the state of

Louisiana for Fiscal Year 2003-2004 to be used to pay certainjudgments against the state; to pay the consent judgment in"Kasey J. Kidder v. State of Louisiana, through the Departmentof Transportation and Development"; to pay the consentjudgment in "Louisiana United Businesses Self Insured Fund v.the State of Louisiana, Department of Transportationconsolidated with David L. Blount v. the State of Louisiana,through the Department of Transportation and Development"; topay the consent judgment in "Patrick Outlaw v. State ofLouisiana, through the Department of Transportation andDevelopment, et al"; to pay the consent judgments in "DonGross, individually and as natural tutor of his minor children,Don Terrell Spears and Adarian Dante Spears, and MitchellDominic v. State of Louisiana, through the Department ofTransportation and Development"; and to provide for relatedmatters.

The bill was read by title; lies over under the rules.

HOUSE BILL NO. 1654—BY REPRESENTATIVE LAFLEUR

AN ACTTo appropriate funds out of the General Fund of the state of

Louisiana to be used to pay certain judgments against the state;to pay the consent judgments in the suits entitled "Kerry KathrynGordon Benoit and Breanna Hope Benoit v. The Hartford

Department of Transportation and Development, ABCContracting Company, DEF Insurance Company and XYZInsurance Company; "Dale Rice, individually and on behalf ofJonathan T. Rice v. Zulema VA. Miller, Johnny C. Miller, theParish of East Feliciana, the State of Louisiana through theDepartment of Transportation and Development,Transcontinental Pipeline Gas Company and XYZ InsuranceCompany"; "Linda Rainey, as the tutor of Kody Michel v. Stateof Louisiana, Department of Transportation and Developmentand Department of Public Works; the Parish of St. Tammany;Town of Abita Springs; Wal-Mart, Inc., and XYZ EngineeringCompany"; and "Pique-Weinstein-Pique-Architects, Inc. v.Louisiana Stadium and Exposition District"; to provide forinterest; to provide for court costs; to provide for an effectivedate; and to provide for related matters.

The bill was read by title; lies over under the rules.

HOUSE BILL NO. 2005 (Substitute for House Bill No. 1082 byRepresentative Hebert)—BY REPRESENTATIVE HEBERT

AN ACTTo enact R.S. 22:1513.1, relative to review of dental claims; to

provide relative to appeals of denied dental claims; and toprovide for related matters.

The bill was read by title; lies over under the rules.

House Bills and Joint Resolutionson First Reading

HOUSE BILL NO. 61—BY REPRESENTATIVE LANCASTER

AN ACTTo appropriate funds out of the General Fund of the state of

Louisiana for Fiscal Year 2003-2004 to be used to pay theconsent judgment in the suit entitled "Wayne B. Posey v.Department of Transportation and Development for the State ofLouisiana, and Aluminum Company of America, Inc."; toprovide for interest; and to provide for related matters.

On motion of Senator Lambert, the bill was read by title andreferred to the Committee on Finance.

HOUSE BILL NO. 62—BY REPRESENTATIVE GALLOT

AN ACTTo appropriate funds out of the General Fund of the state of

Louisiana for Fiscal Year 2003-2004 to be used to pay theconsent judgment in the suit entitled "Paula Jo Odom v. State ofLouisiana, through the Louisiana Department of Transportationand Development"; to provide for court costs; and to provide forrelated matters.

On motion of Senator Lambert, the bill was read by title andreferred to the Committee on Finance.

HOUSE BILL NO. 73—BY REPRESENTATIVE BRUCE

AN ACTTo appropriate funds out of the General Fund of the state of

Louisiana for Fiscal Year 2003-2004 to be used to pay the finaljudgment in the suit entitled "Thomas Adams, et ux v. The Stateof Louisiana through the Department of Transportation and

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Page 14 SENATE 36th DAY'S PROCEEDINGSJune 5, 2003

Development"; to provide for interest; to provide for court costs;and to provide for related matters.

On motion of Senator Lambert, the bill was read by title andreferred to the Committee on Finance.

HOUSE BILL NO. 74—BY REPRESENTATIVE ROMERO

AN ACT District"; to provide for interest; and to provide for relatedTo appropriate funds out of the General Fund of the state of matters.

Louisiana for Fiscal Year 2003-2004 to be used to pay theconsent judgment in the suit entitled "Dora Salazar, et al v. State On motion of Senator Lambert, the bill was read by title andof Louisiana, Department of Transportation and Development"; referred to the Committee on Finance.and to provide for related matters.

On motion of Senator Lambert, the bill was read by title andreferred to the Committee on Finance.

HOUSE BILL NO. 79—BY REPRESENTATIVE BRUNEAU

AN ACT State of Louisiana through the Department of Transportation andTo appropriate funds out of the General Fund of the state of Development and ABC Insurance Company"; and to provide for

Louisiana for Fiscal Year 2003-2004 to be used to pay the final related matters.judgment in the suit entitled "Ralph Buras v. Darryl M. Schultz,Judges of Orleans Parish Criminal District Court and the State On motion of Senator Lambert, the bill was read by title andof Louisiana"; to provide for interest; to provide for court costs; referred to the Committee on Finance.and to provide for related matters.

On motion of Senator Lambert, the bill was read by title andreferred to the Committee on Finance.HOUSE BILL NO. 159—

BY REPRESENTATIVE ERDEYAN ACT judgment in the suit entitled "Rhonda Johnson, on behalf of her

To appropriate funds out of the General Fund of the state of minor daughter, Renata Johnson v. Melvin Dumas, Sr., hisLouisiana for Fiscal Year 2003-2004 to be used to pay the employer, St. James Catholic Church, and their liabilityjudgment in the suit entitled "Mary E. Shackelford, et al v. insurance company, Virginia Surety Company, Randy Folse, andCheryl A. Harris, et al c/w Cheryl A. Harris v. State of the Louisiana Department of Transportation and Development";Louisiana, Department of Transportation and Development"; to to provide for interest; to provide for costs; and to provide forprovide for interest and court costs; and to provide for related related matters.matters.

On motion of Senator Lambert, the bill was read by title and referred to the Committee on Finance.referred to the Committee on Finance.

HOUSE BILL NO. 202—BY REPRESENTATIVE FAUCHEUX

AN ACT Proposing to amend Article III, Section 11 of the Constitution ofTo appropriate funds out of the General Fund of the state of Louisiana, relative to the legislative auditor; to prohibit certain

Louisiana for Fiscal Year 2003-2004 to be used to pay the final political activities by the legislative auditor and his employees;judgment in favor of J. Caldarera & Co., Inc. in the suit entitled to prohibit any former legislative auditor from qualifying for"Sizeler Architects, et al v. State of Louisiana through the elected public office for a certain time period; to provide forLouisiana Stadium and Exposition District"; to provide for submission of the proposed amendment to the electors; and tointerest; and to provide for related matters. provide for related matters.

On motion of Senator Lambert, the bill was read by title and On motion of Senator Lambert, the bill was read by title andreferred to the Committee on Finance. referred to the Committee on Senate and Governmental Affairs.

HOUSE BILL NO. 237— HOUSE BILL NO. 643—BY REPRESENTATIVE CROWE BY REPRESENTATIVE BRUNEAU

AN ACT AN ACTTo appropriate funds out of the General Fund of the state of To appropriate funds out of the General Fund of the state of

Louisiana for Fiscal Year 2003-2004 to be used to pay the Louisiana for Fiscal Year 2003-2004 to be used to pay theconsent judgment in the suit entitled "Gladys Breland and consent judgment in the suit entitled "Nellie L. Smith, MotherKenneth Breland v. David A. McKenzie, Aleman's Auto Sales, of Tron E. Smith, Deceased v. State of Louisiana, through theInc., Herbert McKenzie Auto Sales, Canal Indemnity Insurance Department of Transportation and Development"; and to provideCompany, First Oak Brook Syndicate, and Louisiana for related matters.Department of Transportation and Development"; and to providefor related matters. On motion of Senator Lambert, the bill was read by title and

On motion of Senator Lambert, the bill was read by title andreferred to the Committee on Finance.

HOUSE BILL NO. 275—BY REPRESENTATIVE ALARIO

AN ACTTo appropriate funds out of the General Fund of the state of

Louisiana for Fiscal Year 2003-2004 to be used to pay the finaljudgment in the suit entitled "Sizeler Architects, A ProfessionalCorporation, and J. Caldarera Company, Inc. v. The State ofLouisiana through the Louisiana Stadium and Exposition

HOUSE BILL NO. 289—BY REPRESENTATIVE TUCKER

AN ACTTo appropriate funds out of the General Fund of the state of

Louisiana for Fiscal Year 2003-2004 to be used to pay theconsent judgment in the suit entitled "Cassandra Fontenette v.

HOUSE BILL NO. 371—BY REPRESENTATIVE FAUCHEUX

AN ACTTo appropriate funds out of the General Fund of the state of

Louisiana for Fiscal Year 2003-2004 to be used to pay the final

On motion of Senator Lambert, the bill was read by title and

HOUSE BILL NO. 576—BY REPRESENTATIVES LEBLANC, DEWITT, HAMMETT, AND MURRAY

A JOINT RESOLUTION

referred to the Committee on Finance.

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36th DAY'S PROCEEDINGS Page 15 SENATEJune 5, 2003

HOUSE BILL NO. 798— HOUSE BILL NO. 863—BY REPRESENTATIVE PERKINS BY REPRESENTATIVE DURAND

AN ACT AN ACTTo appropriate funds out of the General Fund of the state of To appropriate funds out of the General Fund of the state of

Louisiana to be used to pay the consent judgment in the suit Louisiana for Fiscal Year 2003-2004 to be used to pay theentitled "Linda Berthelot v. Linda F. Jones, and State of consent judgment in the suit entitled "Alison Bond and DennisLouisiana, through the Department of Transportation and W. Bond v. Blake E. Ewen, Kelley P. Ewen, State of LouisianaDevelopment"; to provide for interest; and to provide for related through the Department of Transportation and Development,matters. City of Baton Rouge/Parish of East Baton Rouge, Boston Old

On motion of Senator Lambert, the bill was read by title and provide for related matters.referred to the Committee on Finance.

HOUSE BILL NO. 831—BY REPRESENTATIVE LEBLANC

AN ACTTo appropriate funds out of the General Fund of the state of

Louisiana for Fiscal Year 2003-2004 to be used to pay the final AN ACTjudgment in the suit entitled "Christine Vallien, Individually, on To appropriate funds out of the General Fund of the state ofbehalf of the estate of her husband, Leonard C. Vallien, and on Louisiana to be used to pay the consent judgment in the suitbehalf of her minor children, Joy Renee Vallien, Tiffany entitled "Louis Bravo, individually, and for and on behalf of theRochelle Vallien, and Leonard C. Vallien, Jr. v. State of community of acquets and gains, and Betty Bravo v. Parish ofLouisiana through the Department of Transportation and Jefferson, Board of Commissioners for the East Jefferson LeveeDevelopment"; to pay the consent judgment in "Kim Fitch, et al. District, C."Bud" Taulli Construction Company, Inc., Manualv. Eddie Lewis, et al."; and to pay the consent judgment in "Kim Anaya, and the XYZ Insurance Company"; to provide forSonnier, et ux. v. Allstate Insurance Co., et al." to provide for interest; and to provide for related matters.interest; to provide for court costs; and to provide for relatedmatters. On motion of Senator Lambert, the bill was read by title and

On motion of Senator Lambert, the bill was read by title andreferred to the Committee on Finance.

HOUSE BILL NO. 838—BY REPRESENTATIVE QUEZAIRE

AN ACT Louisiana for Fiscal Year 2003-2004 to be used to pay theTo appropriate funds out of the General Fund of the state of consent judgment in the suit entitled "Regan Taylor, et al v.

Louisiana for Fiscal Year 2003-2004 to be used to pay the Rhett B. Price, et al"; and to provide for related matters.consent judgment in the suit entitled "Virgil Joffrion, Sr. v. TheState of Louisiana, through the Department of Transportation On motion of Senator Lambert, the bill was read by title andand Development, consolidated with Joan Grissafe v. The State referred to the Committee on Finance.of Louisiana, through the Department of Transportation andDevelopment"; and to provide for related matters.

On motion of Senator Lambert, the bill was read by title andreferred to the Committee on Finance.

HOUSE BILL NO. 843—BY REPRESENTATIVE FARRAR

AN ACT child, Tommy Jonathan Lanasa v. Michele A. Harrison, AllstateTo appropriate funds out of the General Fund of the state of Insurance Company, and the State of Louisiana through the

Louisiana for Fiscal Year 2003-2004 to be used to pay consent Department of Transportation and Development, c/w Michele A.judgments against the state in the suits entitled "Ann Hickman, Harrison v. State of Louisiana through the Department ofDouglas L. Hickman, and Emily Hickman v. State of Louisiana, Transportation and Development"; to provide for interest; tothrough the Department of Transportation and Development"; provide for court costs; and to provide for related matters."Terry L. Westbrooks, et al. v. State of Louisiana, Departmentof Transportation and Development"; "Vickie Gayle Evans v. On motion of Senator Lambert, the bill was read by title andState of Louisiana, Department of Transportation and referred to the Committee on Finance.Development, et al."; "Bobby Allison v. Highlands InsuranceCompany, et al."; "Billy Hendrix, et al. v. Gilchrist ConstructionCompany, et al."; "Joseph Wiltz v. City of Alexandria PublicWorks Division and Charlisle Contracting"; and "Melvin Smithand Lenora Smith v. State of Louisiana Department ofTransportation and Development, et al."; to provide for costs;and to provide for related matters.

On motion of Senator Lambert, the bill was read by title andreferred to the Committee on Finance.

Colony Insurance Co., and ABC Insurance Company"; and to

On motion of Senator Lambert, the bill was read by title andreferred to the Committee on Finance.

HOUSE BILL NO. 882—BY REPRESENTATIVE ALARIO

referred to the Committee on Finance.

HOUSE BILL NO. 891—BY REPRESENTATIVE GALLOT

AN ACTTo appropriate funds out of the General Fund of the state of

HOUSE BILL NO. 902—BY REPRESENTATIVE SCHNEIDER

AN ACTTo appropriate funds out of the General Fund of the state of

Louisiana for Fiscal Year 2003-2004 to be used to pay the finaljudgment in the suit entitled "David P. Lanasa, Clare P. Lanasa,for/on behalf of the Estate of Debra Ann Lanasa, and her minor

HOUSE BILL NO. 934—BY REPRESENTATIVE BROOME

AN ACTTo appropriate funds out of the General Fund of the state of

Louisiana for Fiscal Year 2003-2004 to be used to pay theconsent judgment in the suit entitled "Latasha Butler,Individually and as Administratrix of the Estate of Her MinorChildren, Tamara Butler and Lexie Butler v. State of Louisiana,through the Department of Transportation and Development"; toprovide for an effective date; and to provide for related matters.

On motion of Senator Lambert, the bill was read by title andreferred to the Committee on Finance.

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Page 16 SENATE 36th DAY'S PROCEEDINGSJune 5, 2003

HOUSE BILL NO. 984—BY REPRESENTATIVE SALTER

AN ACTTo appropriate funds out of the General Fund of the state of

Louisiana to be used to pay the consent judgment in the suitentitled "Lashondria Howard, et al. v. State of Louisiana, et al.consolidated with Julia Faye Hamilton Guice, et al. v. ZurichAmerican Insurance Company, et al., Lyndon PropertyInsurance Co., et al. v. Union Parish Police Jury, et al., AN ACTconsolidated with Darrell Foster, et al. v. State of Louisiana, et To appropriate funds out of the General Fund of the state ofal."; to provide for court costs; and to provide for related Louisiana for Fiscal Year 2003-2004 to be used to pay consentmatters. judgments in the suits against the state entitled "Thelonious

On motion of Senator Lambert, the bill was read by title and and Development"; "Virginia Serpas v. the State of Louisiana,referred to the Committee on Finance. through the Department of Transportation and Development";

HOUSE BILL NO. 1077—BY REPRESENTATIVE PINAC

AN ACTTo amend and reenact R.S. 27:312(C)(1)(b)(introductory paragraph)

and to enact R.S. 33:171(C), relative to municipal annexations;to provide relative to monies distributed to certain parishes andmunicipalities from the Video Draw Poker Device Fund relativeto such annexations; and to provide for related matters.

On motion of Senator Lambert, the bill was read by title and To appropriate funds out of the General Fund of the state ofreferred to the Committee on Judiciary B. Louisiana to be used to pay the consent judgment in the suit

HOUSE BILL NO. 1095—BY REPRESENTATIVE WRIGHT

AN ACTTo appropriate funds out of the General Fund of the state of

Louisiana to be used to pay the consent judgment in the suitentitled "Louis D. Cockerham, Sr. v. State of Louisiana,Department of Transportation and Development"; to provide forcourt costs; and to provide for related matters.

On motion of Senator Lambert, the bill was read by title and To appropriate funds out of the General Fund of the state ofreferred to the Committee on Finance. Louisiana to be used to pay the consent judgment in the suit

HOUSE BILL NO. 1139—BY REPRESENTATIVE ERDEY

AN ACTTo appropriate funds out of the General Fund of the state of

Louisiana to be used to pay the consent judgment in the suitentitled "James E. Leonard, et al. v. State of Louisiana throughthe Dept. of Transportation and Development"; to provide forcosts; and to provide for related matters. AN ACT

On motion of Senator Lambert, the bill was read by title and Louisiana to be used to pay the amended judgment in the claimreferred to the Committee on Finance. against the state entitled "National Beverage Company v.

HOUSE BILL NO. 1176—BY REPRESENTATIVE DOWNER

AN ACTTo appropriate funds out of the General Fund of the state of

Louisiana to be used to pay the consent judgment in the suitentitled "Troy A. Rousse, et al. v. State of Louisiana, through theDepartment of Transportation and Development, et al."; and toprovide for related matters. AN ACT

On motion of Senator Lambert, the bill was read by title and Louisiana to be used to pay certain judgments against the state;referred to the Committee on Finance. to pay certain judgments against the state; to pay the consent

HOUSE BILL NO. 1239—BY REPRESENTATIVE FRITH

AN ACTTo appropriate funds out of the General Fund of the state of

Louisiana for Fiscal Year 2003-2004 to be used to pay theconsent judgment in the suit entitled "Gwendolyn Derouen, BradLee Derouen, Wendy Lynn Guidry and Kurt Lee Derouen v.

State of Louisiana, Department of Transportation andDevelopment"; and to provide for related matters.

On motion of Senator Lambert, the bill was read by title andreferred to the Committee on Finance.

HOUSE BILL NO. 1247—BY REPRESENTATIVE MURRAY

Dukes v. The State of Louisiana Department of Transportation

and "Anna Landry v. State of Louisiana through the Departmentof Transportation and Development"; to provide for interest; toprovide for costs; and to provide for related matters.

On motion of Senator Lambert, the bill was read by title andreferred to the Committee on Finance.

HOUSE BILL NO. 1248—BY REPRESENTATIVES HUTTER AND ODINET

AN ACT

entitled "Evelyn Deffes v. State of Louisiana through theDepartment of Transportation and Development"; and to providefor related matters.

On motion of Senator Lambert, the bill was read by title andreferred to the Committee on Finance.

HOUSE BILL NO. 1249—BY REPRESENTATIVE ROMERO

AN ACT

entitled "Julaine C. LeBlanc, et al. v. State Farm InsuranceCompany, et al."; and to provide for related matters.

On motion of Senator Lambert, the bill was read by title andreferred to the Committee on Finance.

HOUSE BILL NO. 1285—BY REPRESENTATIVE DOWNER

To appropriate funds out of the General Fund of the state of

Secretary, Department of Revenue and Taxation, State ofLouisiana"; and to provide for related matters.

On motion of Senator Lambert, the bill was read by title andreferred to the Committee on Finance.

HOUSE BILL NO. 1314—BY REPRESENTATIVE DEVILLIER

To appropriate funds out of the General Fund of the state of

judgment in the suit entitled "McKinley Thompson v. State ofLouisiana through the Department of Transportation andDevelopment and East Feliciana Parish Sheriff's Office"; to paythe consent judgment in the suit entitled "Curtis K. Stafford, Jr.,Bonnie Bridges Stafford and Kendall R. Stafford v. State FarmMutual Automobile Insurance Company and State of Louisiana,through the Department of Transportation and Development"; topay the consent judgment in the suit entitled "Curtis K. Stafford,Jr., Bonnie Bridges Stafford and Kendall R. Stafford v. State

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36th DAY'S PROCEEDINGS Page 17 SENATEJune 5, 2003

Farm Mutual Automobile Insurance Company and State ofLouisiana, through the Department of Transportation andDevelopment; and to provide for related matters.

On motion of Senator Lambert, the bill was read by title andreferred to the Committee on Finance.

HOUSE BILL NO. 1335—BY REPRESENTATIVE R. CARTER

AN ACT Jr., et al."; to pay the consent judgment in the suit entitledTo appropriate funds out of the General Fund of the state of "Gramercy Insurance Company v. Louisiana Department of

Louisiana for Fiscal Year 2003-2004 to be used to pay the Economic Development, Louisiana Small Business Bondingconsent judgment in the suit entitled "Keith E. Ridgel and Tara Assistance Program and Hibernia National Bank"; to pay certainRidgel v. Emile G. Hardin, ABC Insurance Company, Illinois judgments of the Board of Tax Appeals in the claims ofCentral Railroad Company d/b/a Canadian National/Illinois "Newpark Environmental Services, Inc. v. State of Louisiana";Central Railroad, DEF Insurance Company, and the State of to provide for interest; and to provide for related matters.Louisiana through the Department of Transportation andDevelopment"; and to provide for related matters. On motion of Senator Lambert, the bill was read by title and

On motion of Senator Lambert, the bill was read by title andreferred to the Committee on Finance.

HOUSE BILL NO. 1369—BY REPRESENTATIVE M. JACKSON

AN ACT Louisiana for Fiscal Year 2003-2004 to be used to pay certainTo appropriate funds out of the General Fund of the state of judgments against the state for fees and costs associated with

Louisiana for Fiscal Year 2003-2004 to be used to pay consent legal representation of certain juveniles; to provide for interest;judgments in the suits against the state entitled "Nakisha Rogers to provide for an effective date; and to provide for relatedv. Kenyatta Thomas, Allstate Insurance Company and the State matters.of Louisiana through the Department of Transportation andDevelopment"; "Kenyatta Thomas v. the State of Louisiana, On motion of Senator Lambert, the bill was read by title andthrough the Department of Transportation and Development"; referred to the Committee on Finance.and "Wiley Boyett, Elaine Boyett Rachal, Roger Van Boyett andDebra Boyett Allen v. Kemper Insurance Group, et al."; toprovide for costs; and to provide for related matters.

On motion of Senator Lambert, the bill was read by title andreferred to the Committee on Finance.

HOUSE BILL NO. 1461—BY REPRESENTATIVE GARY SMITH

AN ACT related matters.To appropriate funds out of the General Fund of the state of

Louisiana for Fiscal Year 2003-2004 to be used to pay certain On motion of Senator Lambert, the bill was read by title andjudgments against the state; to pay the consent judgment in the referred to the Committee on Commerce, Consumer Protection andsuit entitled "Levar Green, et al. v. Department of Transportation International Affairs.and Development, et al."; to pay the consent judgment in the suitentitled "John Kolwe and Sheila Kolwe v. State of Louisiana,through the Department of Transportation and Development"; topay the final judgment in "Mathilda Curry v. Mutual ServicesCasualty Insurance Co., Hung Vu, and Department ofTransporation and Development, State of Louisiana"; to providefor interest; to provide for costs; to provide for an effective date;and to provide for related matters.

On motion of Senator Lambert, the bill was read by title andreferred to the Committee on Finance.

HOUSE BILL NO. 1463—BY REPRESENTATIVE TOWNSEND

AN ACTTo amend and reenact R.S. 27:306(A)(4)(c)(ii)(cc), relative to

qualified truck stops for the operation of video draw pokerdevices; to provide for the number of hours per day therestaurant at a qualified truck stop must be open; and to providefor related matters.

On motion of Senator Lambert, the bill was read by title andreferred to the Committee on Judiciary B.

HOUSE BILL NO. 1481—BY REPRESENTATIVE LANCASTER

AN ACTTo appropriate funds out of the General Fund of the state of

Louisiana for Fiscal Year 2003-2004 to be used to pay certainjudgments against the state; to pay the consent judgment in thesuit entitled "Carl Walther, et al. v. Department of Labor andDepartment of State Civil Service"; to pay the consent judgmentin the suit entitled "Justin Phillips, et al. v. Elwood Matherne,

referred to the Committee on Finance.

HOUSE BILL NO. 1518—BY REPRESENTATIVE LANDRIEU

AN ACTTo appropriate funds out of the General Fund of the state of

HOUSE BILL NO. 1547—BY REPRESENTATIVE SALTER

AN ACTTo enact R.S. 51:2303(11) and 2315(D), relative to special treasury

funds; to establish the Rural Economic Development Accountwithin the Louisiana Economic Development Fund; to providefor deposit and use of monies in the account; to provide fordefinitions; to provide for effectiveness; and to provide for

HOUSE BILL NO. 1622—BY REPRESENTATIVE LAFLEUR

AN ACTTo appropriate funds out of the General Fund of the state of

Louisiana to be used to pay the consent judgment in the suitentitled "Derrick Shane Miller v. State of Louisiana through theDepartment of Transportation and Development and PrairieConstruction Company"; to provide for costs; to provide for aneffective date; and to provide for related matters.

On motion of Senator Lambert, the bill was read by title andreferred to the Committee on Finance.

HOUSE BILL NO. 1651—BY REPRESENTATIVE LANDRIEU AND SENATOR JOHNSON

AN ACTTo appropriate funds out of the General Fund of the state of

Louisiana for Fiscal Year 2003-2004 to be used to pay certainjudgments against the state; to pay the final judgment in the suitentitled "Darlene Rogers and Carol Barnes v. State of Louisiana,through the Department of Transportation and Development"; topay the final judgment in the suit entitled "William W. Rosen v.State of Louisiana through the Department of Transportation andDevelopment, ABC Construction Company, and ABC InsuranceCompany"; to pay the consent judgment in the suit entitled

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Page 18 SENATE 36th DAY'S PROCEEDINGSJune 5, 2003

"Michael Perry v. the State of Louisiana, through theDepartment of Transportation and Development and Parish ofSt. Bernard;" to pay the consent judgment in the suit entitled"William Serigne v. State of Louisiana, through the Departmentof Transportation and Development, et al.;" to pay the consentjudgment in the suit entitled "Jerry L. Fox v. Alton B.Honeycutt, et al.;" to pay the consent judgment in "Tina MarieHebert v. Robert Metzler, Barriere Construction Co., Inc., St.Paul Fire & Marine Insurance Company and Atlanta CasualtyCompanies"; to provide for interest; to provide for costs; and toprovide for related matters.

On motion of Senator Lambert, the bill was read by title andreferred to the Committee on Finance.

HOUSE BILL NO. 1673—BY REPRESENTATIVE LAFLEUR

AN ACTTo appropriate funds out of the General Fund of the state of

Louisiana to be used to pay the consent judgment in the suitentitled "Natalie Ortego v. Crowell Lumber Company and St.Paul Fire and Marine Insurance Company"; to provide for costs;to provide for an effective date; and to provide for relatedmatters.

On motion of Senator Lambert, the bill was read by title andreferred to the Committee on Finance.

HOUSE BILL NO. 1742—BY REPRESENTATIVE HUTTER

AN ACTTo appropriate funds out of the General Fund of the state of

Louisiana to be used to pay the consent judgment in the suitentitled "Walter Diggs, Jr., husband of/and Mary Diggs v.Louisiana Department of Transportation and Development"; toprovide for an effective date; and to provide for related matters.

On motion of Senator Lambert, the bill was read by title andreferred to the Committee on Finance.

HOUSE BILL NO. 1792—BY REPRESENTATIVE HUDSON

AN ACTTo appropriate funds out of the General Fund of the state of

Louisiana for Fiscal Year 2003-2004 to be used to pay certainconsent judgments against the state; to pay the consent judgmentin the suit entitled "Joseph Powell v. State of Louisiana, throughthe Department of Transportation and Development"; to pay theconsent judgment in the suit entitled "Nelda Powell v. State ofLouisiana, through the Department of Transportation andDevelopment"; and to provide for related matters.

On motion of Senator Lambert, the bill was read by title andreferred to the Committee on Finance.

HOUSE BILL NO. 1873—BY REPRESENTATIVE JOHN SMITH

AN ACTTo appropriate funds out of the General Fund of the state of

Louisiana for Fiscal Year 2003-2004 to be used to pay theconsent judgments in the suits entitled "Albert J. Rohlfs andHelen M. Rohlfs v. Great West Casualty Co., et al" and "JamesLuther, et ux. v. Janie Audra Mason, et al."; and to provide forrelated matters.

On motion of Senator Lambert, the bill was read by title andreferred to the Committee on Finance.

HOUSE BILL NO. 1916—BY REPRESENTATIVE DARTEZ

AN ACTTo amend and reenact R.S. 33:2333(B)(2)(a) and to repeal R.S.

33:2333(B)(3), relative to the disposition of stolen, seized, orrelinquished property; to provide with respect to the dispositionof noncontraband property; and to provide for related matters.

On motion of Senator Lambert, the bill was read by title andreferred to the Committee on Local and Municipal Affairs.

HOUSE BILL NO. 1953—BY REPRESENTATIVE ARNOLD

AN ACTTo appropriate funds out of the General Fund of the state of

Louisiana for Fiscal Year 2003-2004 to be used to pay theconsent judgments in the suits entitled "Leora Gernados, et al v.Toby E. Vallian and the Department of Transportation andDevelopment" and "Terri C. Gernados v. Toby E. Vallian, etal."; and to provide for related matters.

On motion of Senator Lambert, the bill was read by title andreferred to the Committee on Finance.

HOUSE BILL NO. 1983—BY REPRESENTATIVE MCDONALD

AN ACTTo appropriate funds out of the General Fund of the state of

Louisiana for Fiscal Year 2003-2004 to be used to pay certainjudgments against the state; to pay the judgment in the suitentitled "Stuart Hughes Smith, et ux. v. State of Louisiana,Department of Transportation and Development et al"; to paythe judgment in the suit entitled "Marcus Ray Bennett v. FordMotor Company and State of Louisiana, Department ofTransportation and Development"; to pay the judgment in thesuit entitled "The Estate of Gabriel Taylor Murray, et al v. Stateof Louisiana, Department of Transportation and Development";and to provide for related matters.

On motion of Senator Lambert, the bill was read by title andreferred to the Committee on Finance.

Reports of Committees

The following reports of committees were received and read:

REPORT OF COMMITTEE ON

LABOR AND INDUSTRIAL RELATIONS

Senator C. Jones, Chairman on behalf of the Committee onLabor and Industrial Relations, submitted the following report:

June 5, 2003

To the President and Members of the Senate:

I am directed by your Committee on Labor and IndustrialRelations to submit the following report:

SENATE CONCURRENT RESOLUTION NO. 112—BY SENATOR C. JONES

A CONCURRENT RESOLUTIONTo create and provide with respect to a Workers’ Compensation

Advisory Council to study the workers’ compensation laws ofthe state and make recommendations regarding proposedlegislation before the next regular session of the legislature.

Reported with amendments.

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36th DAY'S PROCEEDINGS Page 19 SENATEJune 5, 2003

HOUSE CONCURRENT RESOLUTION NO. 101— HOUSE BILL NO. 1656—BY REPRESENTATIVE NEVERS BY REPRESENTATIVE STRAIN

A CONCURRENT RESOLUTION AN ACTTo urge and request the Department of Labor to review its operation To amend and reenact R.S. 23:1121(B), relative to workers'

of the incumbent worker training program in rural areas. compensation; to provide for the selection of a treating

Reported favorably.

HOUSE BILL NO. 301—BY REPRESENTATIVE MURRAY

AN ACTTo repeal R.S. 23:1225(C)(1)(b), relative to workers' compensation; AN ACT

to repeal the provision allowing the reduction of benefits for To amend and reenact R.S. 23:1031.1(E), relative to workers'receipt of old-age benefits received under the Social Security compensation; to repeal provisions allowing notice to constituteAct. a claim for disability; and to provide for related matters.

Reported favorably. Reported favorably.

HOUSE BILL NO. 1031— HOUSE BILL NO. 1898—BY REPRESENTATIVE TUCKER BY REPRESENTATIVE PITRE

AN ACT AN ACTTo amend and reenact R.S. 23:631(A)(1), relative to the payment of To amend and reenact R.S. 23:1226(B)(3), relative to workers'

employees; to provide for the payment of employee's wages compensation; to provide for the filing of claims involvingupon separation from employment; and to provide for related vocational counselors; to provide for an employee's right ofmatters. action; to provide for an expeditious procedure to compel an

Reported favorably.

HOUSE BILL NO. 1097—BY REPRESENTATIVE PITRE

AN ACTTo amend and reenact R.S. 23:1131(B)(1) and (2) and 1208(G),

relative to workers' compensation; to provide for the release ofearnings records; to provide for consent of the release ofrecords; to provide for confidentiality of such records; and toprovide for related matters.

Reported favorably.

HOUSE BILL NO. 1294—BY REPRESENTATIVE BOWLER

AN ACTTo amend and reenact R.S. 23:1310.5(B), relative to disputed

workers' compensation claims; to provide for appellateprocedures of disputed claims; to permit the appeals to be takenwithin certain time periods; and to provide for related matters.

Reported favorably.

HOUSE BILL NO. 1541—BY REPRESENTATIVE STRAIN

AN ACTTo enact R.S. 23:1871(Q), relative to educational, licensing, and

employment data and reports; to provide for data sharing amongcertain state agencies, education programs, and licensing boardsfor the purposes of health occupational forecasting andreporting; and to provide for related matters.

Reported favorably.

HOUSE BILL NO. 1642—BY REPRESENTATIVE GUILLORY

AN ACTTo enact R.S. 23:897(M), relative to employment; to provide that an

employer may withhold employee's wages to cover cost ofmedical and drug testing under certain circumstances; to providethat the employee must sign a contract for such withholding; andto provide for related matters.

Reported favorably.

physician; and to provide for related matters.

Reported favorably.

HOUSE BILL NO. 1712—BY REPRESENTATIVE SCALISE

employee's cooperation; and to provide for related matters.

Reported favorably.

Respectfully submitted,CHARLES D. JONES

Chairman

REPORT OF COMMITTEE ON

JUDICIARY B

Senator Cravins, Chairman on behalf of the Committee onJudiciary B, submitted the following report:

June 5, 2003

To the President and Members of the Senate:

I am directed by your Committee on Judiciary B to submit thefollowing report:

HOUSE BILL NO. 2018 (Substitute for House Bill No. 1683 byRepresentative Landrieu, et al.)—BY REPRESENTATIVES LANDRIEU, HUNTER, MARTINY, WINSTON,ALARIO, ANSARDI, ARNOLD, BALDONE, BAUDOIN, BAYLOR,BROOME, BRUCE, CAPELLA, K. CARTER, CROWE, DAMICO, DANIEL,DARTEZ, DOERGE, DOWNER, DOWNS, FAUCHEUX, FRITH, GALLOT,GLOVER, GREEN, GUILLORY, HEATON, HEBERT, HILL, HONEY,HUDSON, ILES, L. JACKSON, JOHNS, KENNARD, LAFLEUR, LUCAS,MORRELL, MORRISH, MURRAY, NEVERS, ODINET, PEYCHAUD,PIERRE, PITRE, POWELL, QUEZAIRE, RICHMOND, ROMERO,SCHWEGMANN, JACK SMITH, SNEED, STELLY, STRAIN, TOOMY,TOWNSEND, WELCH, WOOTON, WRIGHT, CAZAYOUX, AND DANIELAND SENATORS CRAVINS, BAJOIE, LENTINI, MICHOT, MOUNT,BOISSIERE, CHAISSON, FIELDS, HOLDEN, HOLLIS, IRONS, B. JONES,MARIONNEAUX, SCHEDLER, TARVER, AND THOMAS

AN ACTTo amend and reenact R.S. 46:2601(A)(1), 2603(A) and (B)(2),

2604, and 2607 and to enact R.S. 15:902.2 and 902.3, Part XI-Aof Chapter 7 of Title 15 of the Louisiana Revised Statutes of1950, to be comprised of R.S. 15:1110, Chapter 14 of Title 15of the Louisiana Revised Statutes of 1950, to be comprised ofR.S. 15:1461 through 1464, Subpart C-1 of Part III of Chapter1 of Title 17 of the Louisiana Revised Statutes of 1950, to becomprised of R.S. 17:251 and 252, R.S. 36:4(E), Part I ofChapter 45 of Title 46 of the Louisiana Revised Statutes of1950, to be comprised of R.S. 46:2600, R.S. 46:2605.1, 2605.2,and 2605.3, Part III of Chapter 45 of Title 46 of the LouisianaRevised Statutes of 1950, to be comprised of R.S. 46:2608

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Page 20 SENATE 36th DAY'S PROCEEDINGSJune 5, 2003

through 2610, and Chapter 59 of Title 46 of the LouisianaRevised Statutes of 1950, to be comprised of R.S. 46:2751through 2757, to designate Part II of Chapter 45, comprisingR.S. 46:2601 through 2606 as "Part II. Children's Cabinet,Children's Budget, and Affiliated Boards", all relative to thereform of juvenile justice; to create the Juvenile Justice ReformAct of 2003; to provide with respect to the closure of SwansonCorrectional Center for Youth-Madison Parish Unit; to create ajuvenile placement review process; to establish juveniledetention standards and licensing procedures; to establishinteragency agreements for sharing of juvenile information; tocreate the Juvenile Justice Reform Act ImplementationCommission, including as one of its duties the creation of a planfor a single state entity for providing services to children andtheir families; to create the Education/Juvenile JusticePartnership Act; to continue until August 15, 2008, theChildren's Cabinet; to provide definitions for certain provisionsgoverning the Children's Cabinet and related boards andprograms; to provide with respect to the powers and duties ofthe Children's Cabinet; to provide with respect to the preparationof the children's budget; to create the Children's CabinetResearch Council; to create the Louisiana Juvenile JusticePlanning and Coordination Board; to provide for thestandardization of service regions; to create the LouisianaChildren's Children, Youth, and Families Investment Fund, tocreate the Community-based Sanctions and Services GrantProgram; and to provide for related matters.

Reported with amendments.Respectfully submitted,

DONALD R. CRAVINSChairman

REPORT OF COMMITTEE ON

NATURAL RESOURCES

Senator Romero, Chairman on behalf of the Committee onNatural Resources, submitted the following report:

June 5, 2003

To the President and Members of the Senate:

I am directed by your Committee on Natural Resources tosubmit the following report:

HOUSE CONCURRENT RESOLUTION NO. 216—BY REPRESENTATIVES THOMPSON, WALSWORTH, HAMMETT,KENNEY, AND KATZ AND SENATORS BARHAM AND C.D. JONES

A CONCURRENT RESOLUTIONTo memorialize the United States Congress and the United States

Department of the Interior to rename the Tensas River NationalWildlife Refuge, the Theodore Roosevelt-Tensas River NationalWildlife Refuge.

Reported favorably.

HOUSE BILL NO. 236—BY REPRESENTATIVE TOWNSEND

AN ACTTo enact R.S. 36:609(B)(4), relative to the responsibilities of the

office of wildlife, Department of Wildlife and Fisheries; toprovide that the firearm and hunter education programs shall beadministered by the office of wildlife; and to provide for relatedmatters.

Reported favorably.

HOUSE BILL NO. 469—BY REPRESENTATIVE SALTER

AN ACTTo amend and reenact R.S. 56:643(B)(2), relative to hunting and

fishing licenses; to provide for qualifications for a licenseavailable to state residents on active military duty; and toprovide for related matters.

Reported with amendments.

HOUSE BILL NO. 812—BY REPRESENTATIVE TOWNSEND

AN ACTTo amend and reenact R.S. 56:410.7 and the introductory paragraph

of Section 5 of Act No. 191 of the 1926 Regular Session of theLegislature, as enacted by Act No. 120 of the 1946 RegularSession of the Legislature, and amended by Act No. 307 of the1948 Regular Session of the Legislature, and Act No. 17 of the1956 First Extraordinary Session of the Legislature, and ActNo. 66 of the 1988 Regular Session of the Legislature, and ActNo. 539 of the 1990 Regular Session of the Legislature, and ActNo. 550 of the 1995 Regular Session of the Legislature, relativeto the Northwest Louisiana Game and Fish PreserveCommission; to provide relative to certain powers to regulate thetaking of game and fish; to provide relative to permitted andprohibited fishing gear on Black Lake, Clear Lake, and PrairieLake; to provide relative to possession of a recreational uselicense on said lakes; to provide penalties; and to provide forrelated matters.

Reported favorably.

HOUSE BILL NO. 991—BY REPRESENTATIVE PIERRE

AN ACTTo enact R.S. 56:428.3, relative to oyster leases; to authorize future

renewal of leases which were not renewed due to temporaryimpacts of coastal restoration projects; and to provide for relatedmatters.

Reported favorably.

HOUSE BILL NO. 1137—BY REPRESENTATIVE TOWNSEND

AN ACTTo amend and reenact R.S. 56:103(B) and (C)(1) and 104(A)(3) and

(4) and to repeal R.S. 56:140, to authorize the taking of bobcatsand foxes under a big game hunting license; and to provide forrelated matters.

Reported favorably.

HOUSE BILL NO. 1323—BY REPRESENTATIVE PIERRE

AN ACTTo amend and reenact R.S. 30:706 and 707, relative to fees paid for

the hazardous liquid pipeline program; to provide relative to thecollection and amounts of such fees; and to provide for relatedmatters.

Reported favorably.

HOUSE BILL NO. 1327—BY REPRESENTATIVE PIERRE

AN ACTTo amend and reenact R.S. 30:560 and 561, relative to pipeline safety

inspection fees; to provide relative to the collection and amountsof such fees; to provide relative to persons responsible forpaying such fees; and to provide for related matters.

Reported favorably.

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36th DAY'S PROCEEDINGS Page 21 SENATEJune 5, 2003

HOUSE BILL NO. 1567— HOUSE BILL NO. 52—BY REPRESENTATIVES K. CARTER AND MURRAY BY REPRESENTATIVE GARY SMITH

AN ACT AN ACTTo authorize and provide for a cooperative endeavor agreement for To enact R.S. 29:732.1, relative to states of emergency; to prohibit

use of certain state property in Orleans Parish with the city of telemarketing activity during a declared state of emergency; toNew Orleans; and to provide for related matters. provide for definitions; and to provide for related matters.

Reported favorably. Reported with amendments by the Committee on Commerce,

HOUSE BILL NO. 1809—BY REPRESENTATIVE THOMPSON

AN ACTTo amend and reenact R.S. 34:855.3(G) and to enact R.S.

34:855.3(H) and R.S. 56:1687(11), relative to the office of stateparks; to prohibit operation of personal watercraft on any bodyof water located wholly within Poverty Point Reservoir StatePark; to authorize the secretary of the Department of Culture,Recreation and Tourism to make, alter, amend, and promulgaterules regulating recreational use of such water bodies; to providefor penalties; and to provide for related matters.

Reported with amendments.Respectfully submitted,

CRAIG F. ROMEROChairman

House Bills and Joint Resolutions AMENDMENT NO. 3on Second Reading

Reported by Committees

The following House Bills and Joint Resolutions reported byCommittees were taken up and acted upon as follows:

HOUSE BILL NO. 35—BY REPRESENTATIVE TOOMY AND SENATOR HEITMEIER

A JOINT RESOLUTIONProposing to amend Article VI, Section 14 of the Constitution of

Louisiana, relative to increasing the financial burden of schoolboards; to provide that no law or state executive order, rule, orregulation requiring increased expenditures for any purposeshall be applicable to a school board except under certaincircumstances; to provide for exceptions; to provide forsubmission of the proposed amendment to the electors; and toprovide for related matters.

Reported with amendments by the Committee on Senate andGovernmental Affairs.

SENATE COMMITTEE AMENDMENTS

Amendments proposed by Senate Committee on Senate andGovernmental Affairs to Engrossed House Bill No. 35 byRepresentative Toomy

AMENDMENT NO. 1On page 3, between lines 9 and 10, insert the following:

"(9) A law applicable to a city, parish or other local publicschool board providing for health insurance and retirement benefitsfor school employees."

AMENDMENT NO. 2On page 3, line 25, after “revenue” insert “, and shall not apply to alaw applicable to a school board providing for health insurance andretirement benefits for employees”

On motion of Senator Ullo the committee amendment wasadopted. The amended bill was read by title and recommitted to theCommittee on Finance.

Consumer Protection and International Affairs.

SENATE COMMITTEE AMENDMENTS

Amendments proposed by Senate Committee on Commerce,Consumer Protection and International Affairs to Engrossed HouseBill No. 52 by Representative Gary Smith

AMENDMENT NO. 1On page 1, line 2 change "29:732.1" to "Chapter 8-I of Title 45 of theLouisiana Revised Statutes of 1950, to be comprised of R.S.45:844.21 through 844.23"

AMENDMENT NO. 2On page 1, line 6 change "29:732.1" to "Chapter 8-I of Title 45 of theLouisiana Revised Statutes of 1950, comprised of R.S. 45:844.21through 844.23"

On page 1, between lines 6 and 7 insert the following:"Chapter 8-I Telephonic Solicitation Prohibited During State ofEmergency

AMENDMENT NO. 4On page 1, line 7 change "732.1" to "844.21"

AMENDMENT NO. 5On page 2, between lines 9 and 10 insert the following:

"(3) "Commission" means the Louisiana Public ServiceCommission.

§844.22 Duties of the CommissionA. Upon declaration of a state of emergency by the governor, the

Commission shall immediately notify such telephonic solicitor thatan emergency has been declared and that during such state ofemergency telephonic solicitation is prohibited.

B. The Commission shall adopt and formulate rules andregulations to implement the provisions of this Chapter."

AMENDMENT NO. 6On page 2, delete lines 10 through 15 and insert the following:

"§844.23 Violations; penaltiesA. The commission shall investigate any complaint received

concerning violations of this Chapter. If, after investigating suchcomplaint, the commission finds there has been a violation of thisChapter, the commission, after notice and hearing, shall impose anadministrative penalty against the telephonic solicitor not to exceedone thousand five hundred dollars for each violation.

B. Any telephonic solicitor found by the commission to be inviolation of this Chapter, who refuses to pay the fine assessed, shallafter notice and hearing, be assessed additional cost and reasonableattorney fees related to the collection of the fine."

AMENDMENT NO. 7On page 2, line 16 change "D." to "C." and change "Section" to"Chapter"

On motion of Senator Hollis, the committee amendment wasadopted. Under the provisions of Joint Rule No. 3 of the Rules of theSenate, the amended bill was read by title and referred to theLegislative Bureau.

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Page 22 SENATE 36th DAY'S PROCEEDINGSJune 5, 2003

HOUSE BILL NO. 133—BY REPRESENTATIVE PINAC

AN ACTTo amend and reenact R.S. 36:801.1(A) and 803(A), R.S. 44:5(A),

and R.S. 49:191(13)(c) and 968(B)(1), to enact R.S. 36:4.1(G),and to repeal R.S. 36:4.1(B)(2), relative to economicdevelopment; to provide for the transfer of certain licensingagencies; to provide relative to public records; to provide for thetermination of certain state entities; to provide for the review ofagency rules; to provide for the transfer of the Louisiana StateRacing Commission; and to provide for related matters.

Reported with amendments by the Committee on Commerce,Consumer Protection and International Affairs.

SENATE COMMITTEE AMENDMENTS

Amendments proposed by Senate Committee on Commerce,Consumer Protection and International Affairs to Reengrossed HouseBill No. 133 by Representative Pinac

AMENDMENT NO. 1 To amend and reenact R.S. 18:463(A)(2) and to enact R.S. 18:495,On page 1, delete line 3 and insert "49:968(B)(1), to enact R.S. relative to qualifying for public office; to provide for the notice36:4.1(G) and R.S. 49:191(14), and to repeal" of candidacy; to require certain certifications; to provide for

AMENDMENT NO. 2 provide for payment of attorney fees and court costs underOn page 1, line 4 after "R.S. 36:4.1(B)(2)" and before the comma "," certain circumstances; to provide for criminal penalties; and toinsert "and R.S. 49:191(13)(c)" provide for related matters.

AMENDMENT NO. 3 Reported with amendments by the Committee on Senate andOn page 4, delete lines 22 through 25 and insert the following: Governmental Affairs.

"(14) July 1, 2006;(a) Those entities transferred to or placed within the office of the

governor pursuant to R.S. 36:4(V) and 4.1."

AMENDMENT NO. 4 Governmental Affairs to Reengrossed House Bill No. 154 byOn page 5, line 23 after "R.S. 36:4.1(B)(2)" and before "hereby" Representative Pitre delete "is" and insert "and R.S. 49:191(13)(c) are"

On motion of Senator Hollis, the committee amendment was On page 1, line 5, after "circumstances;" delete the remainder of theadopted. Under the provisions of Joint Rule No. 3 of the Rules of the line and delete line 6, and insert "to provide for"Senate, the amended bill was read by title and referred to theLegislative Bureau. AMENDMENT NO. 2

HOUSE BILL NO. 150—BY REPRESENTATIVE TUCKER

AN ACTTo enact R.S. 45:844.4 and 844.8, relative to telephonic solicitations;

to provide relative to solicitations to wireless subscribers; toprovide for definitions; to prohibit certain solicitations; toprovide for responsibility; to provide for investigations andpenalties; and to provide for related matters.

Reported with amendments by the Committee on Commerce,Consumer Protection and International Affairs.

SENATE COMMITTEE AMENDMENTS

Amendments proposed by Senate Committee on Commerce, AN ACTConsumer Protection and International Affairs to Engrossed House To enact R.S. 45:844.12(4)(g), relative to telephonic solicitations; toBill No. 150 by Representative Tucker provide for definitions; to provide for exceptions; and to provide

AMENDMENT NO. 1On page 1, delete line 2 through 16 and insert the following: Reported favorably by the Committee on Commerce, Consumer

"To amend and reenact R.S. 45:844.12(3), relative to telephonic Protection and International Affairs. Under the provisions of Jointsolicitation; to provide for mobile telecommunication services; and Rule No. 3 of the Rules of the Senate, the bill was read by title andto provide for related matters. referred to the Legislative Bureau.

Be it enacted by the Legislature of Louisiana:Section 1. R.S. 45:844.12(3) is hereby amended to read as

follows:§844.12. Definitions

As used in this Chapter, the following terms and phrases shallhave the meanings hereinafter ascribed to them:

* * *(3) "Residential telephonic subscriber" means any natural person

who has subscribed to residential telephonic service from atelecommunications service provider or a provider of mobiletelecommunications service as defined in R.S. 47:301(14)(i)(ii)(bb),or any other natural person living or residing with such person.

* * *"

AMENDMENT NO. 2Delete pages 2 through 5 in their entirety.

On motion of Senator Hollis, the committee amendment wasadopted. Under the provisions of Joint Rule No. 3 of the Rules of theSenate, the amended bill was read by title and referred to theLegislative Bureau.

HOUSE BILL NO. 154—BY REPRESENTATIVE PITRE

AN ACT

actions objecting to candidacy under certain circumstances; to

SENATE COMMITTEE AMENDMENTS

Amendments proposed by Senate Committee on Senate and

AMENDMENT NO. 1

On page 1, line 18, after “not” delete “a convicted felon”

AMENDMENT NO. 3On page 2, line 1, after “candidate” insert “for conviction of a felony”

AMENDMENT NO. 4On page 3, delete lines 7 through 10, in their entirety

On motion of Senator Ullo, the committee amendment wasadopted. Under the provisions of Joint Rule No. 3 of the Rules of theSenate, the amended bill was read by title and referred to theLegislative Bureau.

HOUSE BILL NO. 173—BY REPRESENTATIVE PINAC

for related matters.

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36th DAY'S PROCEEDINGS Page 23 SENATEJune 5, 2003

HOUSE BILL NO. 178— HOUSE BILL NO. 323—BY REPRESENTATIVE BALDONE BY REPRESENTATIVE JOHNS

AN ACT AN ACTTo amend and reenact R.S. 33:1448(G) and to enact R.S. To amend and reenact R.S. 46:236.8(G)(2), relative to medical

33:1448(K), relative to group insurance premiums; to provide support orders; to provide for enrollment in a health plan orfor the payment of insurance premiums for retired sheriffs and program; and to provide for related matters.deputy sheriffs in Terrebonne Parish; and to provide for relatedmatters. Reported favorably by the Committee on Insurance. Under the

Reported favorably by the Committee on Insurance. Under the read by title and referred to the Legislative Bureau.provisions of Joint Rule No. 3 of the Rules of the Senate, the bill wasread by title and referred to the Legislative Bureau.

HOUSE BILL NO. 201—BY REPRESENTATIVE WALKER AND SENATOR HINES

AN ACT relative to consumer credit; to provide relative to consumer loanTo amend and reenact R.S. 33:130.581(A), 130.582(A)(introductory licensees; to provide for change of control; to provide relative to

paragraph) and (5) and (B), and 130.584(A), (B)(introductory fees for consumer loan licenses; and to provide for relatedparagraph) and (1), (2), (5), (10), (11), and (14), and (C)(2) and matters.to enact R.S. 33:130.582(A)(6), (7), and (8) and130.584(B)(15), (16), (17), (18), and (19), relative to the Reported with amendments by the Committee on Commerce,Economic Development Board for the Parish of Avoyelles; to Consumer Protection and International Affairs.increase the membership of the board; to provide relative to themembership of the advisory board to the economic developmentboard; to provide relative to the appointment of advisory boardmembers; to provide relative to the terms of office of the Amendments proposed by Senate Committee on Commerce,members of such boards; and to provide for related matters. Consumer Protection and International Affairs to Engrossed House

Reported with amendments by the Committee on Commerce,Consumer Protection and International Affairs. AMENDMENT NO. 1

SENATE COMMITTEE AMENDMENTS

Amendments proposed by Senate Committee on Commerce, On motion of Senator Hollis, the committee amendment wasConsumer Protection and International Affairs to Engrossed House adopted. Under the provisions of Joint Rule No. 3 of the Rules of theBill No. 201 by Representative Walker Senate, the amended bill was read by title and referred to the

AMENDMENT NO. 1On page 2, line 25, change "fifteen" to "sixteen"

AMENDMENT NO. 2On page 3, line 1, change "Eight" to "Nine"

AMENDMENT NO. 3On page 3, line 2, change "eight" to "nine"

AMENDMENT NO. 4On page 3, line 17, change "four" to "five"

AMENDMENT NO. 5On page 5, line 5 after "parish" insert ", appointed by the LouisianaAFL-CIO"

On motion of Senator Hollis, the committee amendment wasadopted. Under the provisions of Joint Rule No. 3 of the Rules of theSenate, the amended bill was read by title and referred to theLegislative Bureau.

HOUSE BILL NO. 231—BY REPRESENTATIVE TOWNSEND

AN ACTTo enact R.S. 49:170.8, relative to state symbols; to provide that the

Natchitoches Meat Pie is the official state meat pie of Louisiana;and to provide for related matters.

Reported favorably by the Committee on Senate andGovernmental Affairs. Under the provisions of Joint Rule No. 3 ofthe Rules of the Senate, the bill was read by title and referred to theLegislative Bureau.

provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was

HOUSE BILL NO. 335—BY REPRESENTATIVE PINAC

AN ACTTo amend and reenact R.S. 9:3561(D) and 3561.1(A) and (B),

SENATE COMMITTEE AMENDMENTS

Bill No. 335 by Representative Pinac

On page 3, line 8 after "for" delete " a hearing" and insert "aninformal meeting, not subject to the Administrative Procedure Act"

Legislative Bureau.

HOUSE BILL NO. 359—BY REPRESENTATIVE BRUNEAU

AN ACTTo amend and reenact R.S. 17:71.3(E)(2)(a) and (c), relative to the

use of divided precincts in school board redistricting; to providerelative to precincts divided by the boundary between a city anda parish school system; to prohibit conducting an election usinga ballot based on a plan that violates restrictions on the use ofdivided precincts; and to provide for related matters.

Reported favorably by the Committee on Senate andGovernmental Affairs. Under the provisions of Joint Rule No. 3 ofthe Rules of the Senate, the bill was read by title and referred to theLegislative Bureau.

HOUSE BILL NO. 400—BY REPRESENTATIVE BRUNEAU

AN ACTTo amend and reenact R.S. 18:104(F), 451.1, 532.1(C)(3)(b) and

(G)(2)(d), 1922(B), and 1941(A) and to enact R.S. 18:1941(C)and 1942, relative to preclearance of reapportionment andredistricting plans; to require certain notice thereof to thesecretary of state; to change references to the Department ofJustice; and to provide for related matters.

Reported favorably by the Committee on Senate andGovernmental Affairs. Under the provisions of Joint Rule No. 3 ofthe Rules of the Senate, the bill was read by title and referred to theLegislative Bureau.

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Page 24 SENATE 36th DAY'S PROCEEDINGSJune 5, 2003

HOUSE BILL NO. 406—BY REPRESENTATIVE L. JACKSON

AN ACTTo amend and reenact R.S. 40:2018.1(A), (B)(1)(introductory

paragraph) and (a) and (b), (E), and (F), relative to the LouisianaCommission on HIV and AIDS; to change the name of thecommission to the Louisiana Commission on HIV, AIDS andHepatitis C; to add hepatitis C to the responsibilities of thecommission; to provide for membership on the commission; andto provide for related matters.

Reported favorably by the Committee on Health and Welfare.Under the provisions of Joint Rule No. 3 of the Rules of the Senate,the bill was read by title and referred to the Legislative Bureau.

HOUSE BILL NO. 440—BY REPRESENTATIVE MORRISH

AN ACTTo enact R.S. 22:1405(I)(3), relative to the Property Insurance

Association of Louisiana; to provide for records; to provide forpublic protection classifications; to provide for certain localofficials; and to provide for related matters.

Reported favorably by the Committee on Insurance. Under theprovisions of Joint Rule No. 3 of the Rules of the Senate, the bill wasread by title and referred to the Legislative Bureau.

HOUSE BILL NO. 447—BY REPRESENTATIVE TRICHE

AN ACTTo amend and reenact R.S. 42:1132(B)(1) and (3)(b) and 1133(A),

relative to the Board of Ethics; to reduce the membership of theboard; to provide for the quorum of the board; to providerelative to the appointment or election of members to the board;to provide for staggered terms; to provide for implementation;and to provide for related matters.

Reported with amendments by the Committee on Senate andGovernmental Affairs.

SENATE COMMITTEE AMENDMENTS

Amendments proposed by Senate Committee on Senate andGovernmental Affairs to Engrossed House Bill No. 447 byRepresentative Triche

AMENDMENT NO. 1 To amend and reenact R.S. 9:3550(B)(3), (E)(1) and (2), and (F) andOn page 1, line 3, change "reduce" to "provide for" to repeal R.S. 9:3530(A)(4), relative to insurance premium

AMENDMENT NO. 2 provide for related matters.On page 2, line 13, change "seven" to "eleven"

AMENDMENT NO. 3 Protection and International Affairs. Under the provisions of JointOn page 1, line 14, after "appoint" delete the remainder of the line Rule No. 3 of the Rules of the Senate, the bill was read by title andand delete lines 15 through 16 in their entirety and insert "five referred to the Legislative Bureau.members, who shall be representative of the state's population in raceand gender as near as practicable, and who shall be subject to Senateconfirmation. At least one member shall be appointed from eachPublic Service Commission District."

AMENDMENT NO. 4On page 2, delete lines 1 through 2 in their entirety

AMENDMENT NO. 5On page 2, line 20, change "One" to "Two" and change "member" to"members"

AMENDMENT NO. 6On page 2, after line 25 insert the following: "(iv) Three membersshall be appointed by the governor for a four-year term. "

AMENDMENT NO. 7

On page 3, line 1, change"(iv)" to "(v)"

AMENDMENT NO. 8On page 3, line 3, change "(v)" to "(vi)"

AMENDMENT NO. 9On page 3, line 5, change "(vi)" to "(vii)"

AMENDMENT NO. 10On page 3, line 7, change "(vii)" to "(viii)"

AMENDMENT NO. 11On page 3, line 11, change "Four" to "Six"

On motion of Senator Ullo, the committee amendment wasadopted. Under the provisions of Joint Rule No. 3 of the Rules of theSenate, the amended bill was read by title and referred to theLegislative Bureau.

HOUSE BILL NO. 471—BY REPRESENTATIVE SHAW

AN ACTTo amend and reenact R.S. 37:1358(B), relative to acupuncturists; to

revise certain employment and supervision requirements foracupuncturist's assistants; and to provide for related matters.

Reported favorably by the Committee on Health and Welfare.Under the provisions of Joint Rule No. 3 of the Rules of the Senate,the bill was read by title and returned to the Calendar, Subject toCall.

HOUSE BILL NO. 482—BY REPRESENTATIVE PERKINS

AN ACTTo enact R.S. 46:236.1(B)(4), relative to family and child support

programs; to authorize the implementation of an access andvisitation program; to provide for certain activities; and toprovide for related matters.

Reported favorably by the Committee on Health and Welfare.Under the provisions of Joint Rule No. 3 of the Rules of the Senate,the bill was read by title and referred to the Legislative Bureau.

HOUSE BILL NO. 483—BY REPRESENTATIVE PINAC

AN ACT

finance companies; to provide for an origination fee; and to

Reported favorably by the Committee on Commerce, Consumer

HOUSE BILL NO. 517—BY REPRESENTATIVES JOHNS, BALDONE, BROOME, BRUCE,DOERGE, FRITH, M. JACKSON, AND PINAC

AN ACTTo amend and reenact R.S. 6:333(F)(14) and R.S.

46:236.1(D)(1)(d)(ii) and (v), relative to the financial institutiondata match system; to require financial institutions to report theaverage daily account balance on all accounts for noncustodialparents who owe past-due support; and to provide for relatedmatters.

Reported favorably by the Committee on Commerce, ConsumerProtection and International Affairs. Under the provisions of JointRule No. 3 of the Rules of the Senate, the bill was read by title andreferred to the Legislative Bureau.

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36th DAY'S PROCEEDINGS Page 25 SENATEJune 5, 2003

HOUSE BILL NO. 591—BY REPRESENTATIVE GALLOT

AN ACTTo amend and reenact R.S. 18:102, relative to persons ineligible to

register to vote; to provide for the eligibility of a personconvicted of a felony prior to adoption of the 1974 Constitutionof Louisiana who has fully satisfied and completed his sentenceto register to vote and vote; and to provide for related matters. AN ACT

Reported favorably by the Committee on Senate and (3)(a)(introductory paragraph), (iii) and (iv), (b), and (c), andGovernmental Affairs. Under the provisions of Joint Rule No. 3 of (4), and (H) and to enact R.S. 9:3550(D)(1)(d), relative tothe Rules of the Senate, the bill was read by title and referred to the premium finance companies; to provide for electronicLegislative Bureau. notification; to provide for cancellation of insurance policies;

HOUSE BILL NO. 603—BY REPRESENTATIVE DANIEL

AN ACTTo amend and reenact R.S. 37:2150.1(4), (6), and (11) and to enact

R.S. 37:2157(A)(9), relative to contractors; to provide fordefinitions; to provide for an exemption for certain persons; andto provide for related matters.

Reported favorably by the Committee on Commerce, Consumer AN ACTProtection and International Affairs. Under the provisions of Joint To amend and reenact R.S. 6:966(A), relative to motor vehicles salesRule No. 3 of the Rules of the Senate, the bill was read by title and finance; to provide for seizure and disposition of collateral; toreferred to the Legislative Bureau. provide for the confession of judgment; and to provide for

HOUSE BILL NO. 622—BY REPRESENTATIVE PINAC

AN ACTTo amend and reenact R.S. 32:1252(10) and 1254(N)(1)(a) and to

enact R.S. 32:1254.1(D), relative to motor vehicles; to revise thedefinition of "franchise"; to provide for the effect of enactmentsand rules on licensees; to provide relative to warranty and salesincentive audits; and to provide for related matters.

Reported favorably by the Committee on Commerce, Consumer To amend and reenact R.S. 32:1260, relative to motor vehicle damageProtection and International Affairs. Under the provisions of Joint disclosure; to broaden the application of the motor vehicleRule No. 3 of the Rules of the Senate, the bill was read by title and damage disclosure provisions; and to provide for related matters.referred to the Legislative Bureau.

HOUSE BILL NO. 633—BY REPRESENTATIVE HUTTER

AN ACTTo enact R.S. 49:170.8, to designate the Creole Tomato as the state

vegetable plant; and to provide for related matters.

Reported with amendments by the Committee on Senate and AN ACTGovernmental Affairs. To enact Chapter 49 of Title 51 of the Louisiana Revised Statutes of

SENATE COMMITTEE AMENDMENTS

Amendments proposed by Senate Committee on Senate and require the Public Service Commission to set certain rates,Governmental Affairs to Engrossed House Bill No. 633 by terms, and contents of net energy metering contracts; to provideRepresentative Hutter for definitions; to provide for an effective date; and to provide

AMENDMENT NO. 1On page 1, line 3, after "plant;" insert "to designate the sweet potato Reported favorably by the Committee on Commerce, Consumeras the state vegetable;" Protection and International Affairs. Under the provisions of Joint

AMENDMENT NO. 2 referred to the Legislative Bureau.On page 1, line 6, at the end of the line insert "; state vegetable"

AMENDMENT NO. 3On page 1, line 7, before "There" insert "A."

AMENDMENT NO. 4On page 1, after line 10 insert the following:

"B. There shall be an official state vegetable. The official statevegetable shall be the sweet potato. Its use on official documents ofthe state and with the insignia of the state is hereby authorized."

On motion of Senator Ullo, the committee amendment wasadopted. Under the provisions of Joint Rule No. 3 of the Rules of theSenate, the amended bill was read by title and referred to theLegislative Bureau.

HOUSE BILL NO. 685—BY REPRESENTATIVE PINAC

To amend and reenact R.S. 9:3550(D)(2), (E)(1) and (3), (G)(1), (2),

and to provide for related matters.

Reported favorably by the Committee on Commerce, ConsumerProtection and International Affairs. Under the provisions of JointRule No. 3 of the Rules of the Senate, the bill was read by title andreferred to the Legislative Bureau.

HOUSE BILL NO. 686—BY REPRESENTATIVE PINAC

related matters.

Reported favorably by the Committee on Commerce, ConsumerProtection and International Affairs. Under the provisions of JointRule No. 3 of the Rules of the Senate, the bill was read by title andreferred to the Legislative Bureau.

HOUSE BILL NO. 687—BY REPRESENTATIVE PINAC

AN ACT

Reported favorably by the Committee on Commerce, ConsumerProtection and International Affairs. Under the provisions of JointRule No. 3 of the Rules of the Senate, the bill was read by title andreferred to the Legislative Bureau.

HOUSE BILL NO. 789—BY REPRESENTATIVE DANIEL

1950, to be comprised of R.S. 51:3025 through 3027, relative toenergy; to enact the Louisiana Renewable Energy DevelopmentAct; to authorize the use of net energy metering in Louisiana; to

for related matters.

Rule No. 3 of the Rules of the Senate, the bill was read by title and

HOUSE BILL NO. 814—BY REPRESENTATIVE FAUCHEUX

AN ACTTo enact R.S. 40:1058.1.1, relative to substance abuse and addiction

treatment; to provide for substance abuse and addictiontreatment facilities; to require the Department of Health andHospitals to promulgate rules and standards for licensing orcertification of such facilities; and to provide for related matters.

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Page 26 SENATE 36th DAY'S PROCEEDINGSJune 5, 2003

Reported favorably by the Committee on Health and Welfare.Under the provisions of Joint Rule No. 3 of the Rules of the Senate,the bill was read by title and referred to the Legislative Bureau.

HOUSE BILL NO. 841—BY REPRESENTATIVE ANSARDI

AN ACT the appropriate legislative oversight committee be in a certainTo amend and reenact R.S. 22:212(7)(c), relative to health and form; and to provide for related matters.

accident insurance; to provide relative to the method of deliveryof health and accident insurance policies to policyholders by Reported favorably by the Committee on Senate andinsurers or agents; and to provide for related matters. Governmental Affairs. Under the provisions of Joint Rule No. 3 of

Reported with amendments by the Committee on Insurance. Legislative Bureau.

SENATE COMMITTEE AMENDMENTS HOUSE BILL NO. 1002—

Amendments proposed by Senate Committee on Insurance toEngrossed House Bill No.841 by Representative Ansardi

AMENDMENT NO. 1On page 2, at the end of line 11, add “electronically”

On motion of Senator Tarver, the committee amendment wasadopted. Under the provisions of Joint Rule No. 3 of the Rules of theSenate, the amended bill was read by title and referred to theLegislative Bureau.

HOUSE BILL NO. 885—BY REPRESENTATIVES BRUNEAU, LANCASTER, AND JOHN SMITH

AN ACTTo amend and reenact R.S. 18:55(A)(2) and (4)(a) and 59(B)(2) and

(4)(a) and (C)(2) and (4)(a), relative to registrars of voters; toprovide for a salary increase for registrars of voters, chief deputyregistrars, and confidential assistants to registrars of voters; andto provide for related matters.

Reported favorably by the Committee on Senate andGovernmental Affairs. Under the provisions of Joint Rule No. 3 ofthe Rules of the Senate, the bill was read by title and referred to theLegislative Bureau.

HOUSE BILL NO. 927—BY REPRESENTATIVE GUILLORY

AN ACTTo enact R.S. 46:18, relative to disability; to provide for access to

medical records; to provide for costs associated withphotocopying; and to provide for related matters.

Reported favorably by the Committee on Health and Welfare.Under the provisions of Joint Rule No. 3 of the Rules of the Senate,the bill was read by title and referred to the Legislative Bureau.

HOUSE BILL NO. 969—BY REPRESENTATIVE BOWLER

AN ACTTo amend and reenact R.S. 22:2(A)(1), R.S. 23:1, R.S. 30:2003(A),

and R.S. 51:121 and 921 and to enact R.S. 22:1368, relative tostate agencies and the regulation of business and industry; to Amendments proposed by Senate Committee on Commerce,provide relative to the insurance industry; to provide for the Consumer Protection and International Affairs to Engrossed Houseconduct of certain adjudications involving insurance by the Bill No. 1037 by Representative Pinac Division of Administrative Law; to provide relative to laborlaws; to provide relative to regulation and control over the state's AMENDMENT NO. 1environment; to provide relative to commerce and economic On page 1, at the end of line 15, delete "the"development in the state; and to provide for related matters.

Reported favorably by the Committee on Senate and On page 1, delete line 16 and insert the following: "Louisiana state-Governmental Affairs. Under the provisions of Joint Rule No. 3 of chartered financial institutions and other financial entities regulatedthe Rules of the Senate, the bill was read by title and referred to the by the Office of Financial Institutions, and the state legislature"Legislative Bureau.

HOUSE BILL NO. 980—BY REPRESENTATIVES SNEED AND LANCASTER

AN ACTTo amend and reenact R.S. 49:968(C)(1), relative to the

Administrative Procedure Act; to require that the copy of a ruleas it is proposed for adoption, amendment, or repeal provided to

the Rules of the Senate, the bill was read by title and referred to the

BY REPRESENTATIVE PINACAN ACT

To amend and reenact R.S. 9:3578.4(C) and 3578.6(A)(1), relative toconsumer credit; to provide relative to deferred presentmenttransactions and small loans; to provide for an exception forattorney fees and costs; to provide for prohibited acts; and toprovide for related matters.

Reported favorably by the Committee on Commerce, ConsumerProtection and International Affairs. Under the provisions of JointRule No. 3 of the Rules of the Senate, the bill was read by title andreferred to the Legislative Bureau.

HOUSE BILL NO. 1018—BY REPRESENTATIVE JOHNS

AN ACTTo amend and reenact R.S. 37:1178 and to enact R.S.

37:1182(A)(22), (23), and (24), 1216, and 1217, relative to theLouisiana Pharmacy Practice Act; to provide for expensereimbursement for Louisiana Board of Pharmacy members; toprovide the board the authority to conduct criminal backgroundchecks; to provide the board the authority to conductidentification verification; to provide the board the authority torequire evaluations; and to provide for related matters.

Reported favorably by the Committee on Health and Welfare.Under the provisions of Joint Rule No. 3 of the Rules of the Senate,the bill was read by title and referred to the Legislative Bureau.

HOUSE BILL NO. 1037—BY REPRESENTATIVE PINAC

AN ACTTo amend and reenact R.S. 6:101(A), relative to banking; to provide

for the authority of the commissioner of financial institutions; toprovide for the authority of the legislature; and to provide forrelated matters.

Reported with amendments by the Committee on Commerce,Consumer Protection and International Affairs.

SENATE COMMITTEE AMENDMENTS

AMENDMENT NO. 2

AMENDMENT NO. 3On page 2, line 2 after "of the" delete the remainder of the line anddelete line 3 in its entirety and insert the following: "same. The

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36th DAY'S PROCEEDINGS Page 27 SENATEJune 5, 2003

provisions of this Subsection are subject to and do not supersede the AMENDMENT NO. 2provisions of Part VI, Interstate Banking, of Chapter 6 of Title 6 of On page 5, delete line 4 and insert the following:the Revised Statutes of 1950. The provisions of this Subsection shall "(6) Provides dangerous drugs, controlled substances, or othernot apply to any litigation pending on the effective date of this Act." restricted chemical substances to"

On motion of Senator Hollis, the committee amendment was On motion of Senator Schedler, the committee amendment wasadopted. Under the provisions of Joint Rule No. 3 of the Rules of the adopted. Under the provisions of Joint Rule No. 3 of the Rules of theSenate, the amended bill was read by title and referred to the Senate, the amended bill was read by title and referred to theLegislative Bureau. Legislative Bureau.

HOUSE BILL NO. 1048— HOUSE BILL NO. 1120—BY REPRESENTATIVE BROOME BY REPRESENTATIVE DAMICO

AN ACT AN ACTTo amend and reenact R.S. 9:2800.2, relative to social workers; to To amend and reenact R.S. 8:70 and 73(B), relative to cemeteries; to

provide for the limitation of liability of social workers; and to increase the fee for new or renewal certificates of authority toprovide for related matters. operate a cemetery; to increase annual regulatory fees; and to

Reported favorably by the Committee on Commerce, ConsumerProtection and International Affairs. Under the provisions of Joint Reported favorably by the Committee on Commerce, ConsumerRule No. 3 of the Rules of the Senate, the bill was read by title and Protection and International Affairs. Under the provisions of Jointreferred to the Legislative Bureau. Rule No. 3 of the Rules of the Senate, the bill was read by title and

HOUSE BILL NO. 1049—BY REPRESENTATIVE WELCH

AN ACTTo repeal R.S. 37:2810(C)(3), relative to the licensing of AN ACT

chiropractors; to repeal the time limitations placed on an To amend and reenact R.S. 6:1083(6), 1087(B)(1), (10), and (C),inactive license status. 1088(F)(5), 1089(A)(1) and (B)(1) and (2),

Reported favorably by the Committee on Health and Welfare. 1096(G), 1097(B)(introductory paragraph), and 1099(B), toUnder the provisions of Joint Rule No. 3 of the Rules of the Senate, enact R.S. 6:1086(C), 1090(B)(4), 1092(J), 1094(G), andthe bill was read by title and referred to the Legislative Bureau. 1096(I), and to repeal R.S. 6:1087(D) and 1092(D), relative to

HOUSE BILL NO. 1100—BY REPRESENTATIVES THOMPSON, BRUCE, DOERGE, GLOVER,HAMMETT, HUNTER, KENNEY, MCDONALD, MONTGOMERY, SALTER,TOWNSEND, AND WALSWORTH AND SENATORS ADLEY, BEAN,MALONE, AND TARVER

AN ACTTo amend and reenact R.S. 17:1519(5) and 3215(6)(b), to enact R.S.

17:1518, and to repeal R.S. 17:1519.1(B)(4), relative to E.A.Conway Medical Center; to merge the E.A. Conway MedicalCenter, its funds, property, records, obligations, functions, andemployees with the Louisiana State University Health SciencesCenter at Shreveport; and to provide for related matters.

Reported favorably by the Committee on Health and Welfare.Under the provisions of Joint Rule No. 3 of the Rules of the Senate,the bill was read by title and referred to the Legislative Bureau.

HOUSE BILL NO. 1108—BY REPRESENTATIVE MONTGOMERY

AN ACTTo amend and reenact R.S. 37:3372(3), (9), (10), and (11), 3375(B),

3376(G)(2), 3379(A)(6), and 3383 and to enact R.S.37:3372(12) and 3376(G)(3), relative to mental healthprofessionals; to revise the qualifications to become acompulsive gambling counselor; and to provide for relatedmatters.

Reported with amendments by the Committee on Health andWelfare.

SENATE COMMITTEE AMENDMENTS

Amendments proposed by Senate Committee on Health and Welfareto Reengrossed House Bill No. 1108 by Representative Montgomery

AMENDMENT NO. 1On page 4, between lines 17 and 18, insert the following:

"(c) Has passed a nationally recognized compulsive gamblingcounselor test approved by the state board."

provide for related matters.

referred to the Legislative Bureau.

HOUSE BILL NO. 1190—BY REPRESENTATIVE PINAC

1090(B)(2)(introductory paragraph) and (3), 1091(C)(1),

residential mortgage lending activities; to expand the definitionof originator; to provide for and eliminate licensing exemptions;to provide for licensing qualifications; to define acquisition orcontrol of a licensee; to allow the commissioner to disseminateinformation; to provide for licensing of previously exemptperson; to prohibit and punish certain practices; and to providefor related matters.

Reported with amendments by the Committee on Commerce,Consumer Protection and International Affairs.

SENATE COMMITTEE AMENDMENTS

Amendments proposed by Senate Committee on Commerce,Consumer Protection and International Affairs to Reengrossed HouseBill No. 1190 by Representative Pinac

AMENDMENT NO. 1On page 3, line 25 change “and their exclusive agent under writtenagreement” to “and their exclusive agent under written agreement”

On motion of Senator Hollis, the committee amendment wasadopted. Under the provisions of Joint Rule No. 3 of the Rules of theSenate, the amended bill was read by title and referred to theLegislative Bureau.

HOUSE BILL NO. 1328—BY REPRESENTATIVES PINAC AND NEVERS

AN ACTTo enact Chapter 24-A of Title 37 of the Louisiana Revised Statutes

of 1950, to be comprised of R.S. 37:2181 through 2192, relativeto licensing; to provide for licensing for persons who performmold assessment and mold remediation services; to providerelative to the State Licensing Board for Contractors; to providefor a purpose and scope; to provide for definitions; to providefor the board's powers and duties; to provide for qualifications,applications, and fees; to provide for exceptions; to providerelative to written reports; to prohibit certain activities; toprovide for license renewals; to provide for administrative

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Page 28 SENATE 36th DAY'S PROCEEDINGSJune 5, 2003

actions and penalties; to provide for cease and desist orders and On page 5, line 15 after "(a)" delete the remainder of the line andinjunctive relief; and to provide for related matters. insert "Twenty-four hours of training in mold remediation and basic

Reported with amendments by the Committee on Commerce,Consumer Protection and International Affairs. AMENDMENT NO. 20

SENATE COMMITTEE AMENDMENTS

Amendments proposed by Senate Committee on Commerce, On page 5, line 17 change "(c)" to "(b)"Consumer Protection and International Affairs to Reengrossed HouseBill No. 1328 by Representative Pinac AMENDMENT NO. 22

AMENDMENT NO. 1On page 1, line 4 after "perform" delete the remainder of the line. AMENDMENT NO. 23

AMENDMENT NO. 2 “(4) The fee provided for in this Subsection shall not be chargedOn page 2, line 1 after "MOLD" delete "ASSESSMENT AND" to a licensed residential building contractor who performs mold

AMENDMENT NO. 3On page 2, line 5 after "remediation" delete "and mold assessment" AMENDMENT NO. 24

AMENDMENT NO. 4On page 2, delete lines 19 through 25 in their entirety. AMENDMENT NO. 25

AMENDMENT NO. 5On page 3, line 1 change "(5)" to "(4)" AMENDMENT NO. 26

AMENDMENT NO. 6 line 22 delete "assessor","On page 3, line 15 after "practice of" delete "mold assessment and"

AMENDMENT NO. 7 adopted. Under the provisions of Joint Rule No. 3 of the Rules of theOn page 3, line 17 delete "assessment and mold" Senate, the amended bill was read by title and referred to the

AMENDMENT NO. 8On page 3, line 22 after "conduct" delete "mold assessment and thoselicensed to conduct"

AMENDMENT NO. 9On page 3, delete lines 25 and 26 in their entirety.

AMENDMENT NO. 10On page 4, delete lines 1 through 3 in their entirety.

AMENDMENT NO. 11On page 4, line 4 change "(2)" to "A."

AMENDMENT NO. 12On page 4, line 11 after "performs" delete "mold assessment" and atthe beginning of line 12 delete "or"

AMENDMENT NO. 13On page 4, line 14 after "performs" delete "mold assessment or"

AMENDMENT NO. 14On page 4, line 18 after "performs" delete "mold assessment or"

AMENDMENT NO. 15On page 4, line 21 after "performing" delete "mold assessment or"

AMENDMENT NO. 16On page 4, line 23 after "performs" delete "mold assessment" and online 24 delete "or"

AMENDMENT NO. 17On page 5, delete lines 1 through 3 in their entirety.

AMENDMENT NO. 18On page 5, line 9 after "remediation" delete "or" and on line 10 delete"mold assessment"

AMENDMENT NO. 19

mold assessment."

On page 5, delete line 16 in its entirety.

AMENDMENT NO. 21

On page 6, line 6 after "perform" delete "mold assessment or"

On page 6, between lines 18 and 19 insert the following:

remediation services when acting within the scope of his license.”

On page 7, line 8 after "and any" delete "mold assessment or"

On page 8, line 18 after "performs" delete "mold assessment or"

On page 8 line 21 after "remediator"," delete ""licensed mold" and on

On motion of Senator Hollis, the committee amendment was

Legislative Bureau.

HOUSE BILL NO. 1433—BY REPRESENTATIVE L. JACKSON

AN ACTTo amend and reenact R.S. 37:913(3)(a)(vii) and (viii) and (b), (7),

(8), and (9) and 930(B)(2), (D), and (E), to enact R.S.37:918(18) and 930(F), and to repeal Part VI of Chapter 11 ofTitle 37 of the Louisiana Revised Statutes of 1950, comprised ofR.S. 37:1031 through 1034, relative to registered nurses; toprovide relative to prescriptive authority and medical diagnosis;to provide for promulgation of rules and regulations by theboard; to abolish the prescriptive authority committee; and toprovide for related matters.

Reported with amendments by the Committee on Health andWelfare.

SENATE COMMITTEE AMENDMENTS

Amendments proposed by Senate Committee on Health and Welfareto Reengrossed House Bill No. 1433 by Representative L. Jackson

AMENDMENT NO. 1On page 2, lines 18 and 19, delete "certain acts of" and insert "certainacts of" and after "diagnosis," insert "in accordance with R.S.37:913(8) and (9), or"

AMENDMENT NO. 2On page 2, line 21, after "legend and" insert "certain"

AMENDMENT NO. 3On page 3, line 21, after "or dentists." insert "Except as otherwiseprovided in R.S. 37:930, acts of medical diagnosis and prescriptionby an advanced practice registered nurse shall be under the directionof a licensed physician or dentist and in accordance with acollaborative practice agreement."

AMENDMENT NO. 4

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36th DAY'S PROCEEDINGS Page 29 SENATEJune 5, 2003

On page 4, line 4, after "or dentists" delete the period "." and insert Reported with amendments by the Committee on Insurance."which shall include but not be limited to the following provisions:

(a) Availability of the collaborating physician or dentist forconsultation or referral, or both.

(b) Methods of management of the collaborative practice which Amendments proposed by Senate Committee on Insurance toshall include clinical practice guidelines. Engrossed House Bill No. 1606 by Representative Morrish

(c) Coverage of the health care needs of a patient during anyabsence of the advanced practice registered nurse, physician, or AMENDMENT NO. 1dentist." On page 1, line 15, change "2003" to "2004"

AMENDMENT NO. 5 AMENDMENT NO. 2On page 5, delete line 4, and insert "of a physician or dentist shall be" On page 2, line 25, change "2003" to "2004"

AMENDMENT NO. 6 On motion of Senator Tarver, the committee amendment wasOn page 5, delete lines 10 and 11 and insert ""registered nurse when adopted. Under the provisions of Joint Rule No. 3 of the Rules of theprescribed by a physician or dentist who is licensed to" Senate, the amended bill was read by title and referred to the

AMENDMENT NO. 7On page 5, line 19, after "procedure" insert "in accordance with acollaborative practice agreement."

AMENDMENT NO. 8On page 5, line 22 after "have" insert "a collaborative practiceagreement or"

On motion of Senator Schedler, the committee amendment wasadopted. Under the provisions of Joint Rule No. 3 of the Rules of theSenate, the amended bill was read by title and referred to theLegislative Bureau.

HOUSE BILL NO. 1494—BY REPRESENTATIVE TUCKER

AN ACTTo enact Part VI-A of Chapter 20 of Title 37 of the Louisiana

Revised Statutes of 1950, to be comprised of R.S. 37:1742,relative to direct billing of anatomical pathology services; toprovide for rules and regulations relative to billing for suchservices; to provide for penalties for violations; and to providefor related matters.

Reported favorably by the Committee on Health and Welfare.Under the provisions of Joint Rule No. 3 of the Rules of the Senate,the bill was read by title and referred to the Legislative Bureau.

HOUSE BILL NO. 1548—BY REPRESENTATIVE PINAC

AN ACTTo enact R.S. 36:109(B) and Part VI of Chapter 3 of Title 51 of the

Louisiana Revised Statutes of 1950, to be comprised of R.S.51:971 through 978, relative to economic development; to createthe Louisiana Applied Polymer Technology ExtensionConsortium and its board of directors and advisory committee;to provide for the transfer of the consortium and the advisorycommittee; to provide for the membership and powers andduties of the board and advisory committee; to provide for thepowers and duties of the consortium; to provide for a plan ofoperation; to provide for funding and audits; and to provide forrelated matters.

Reported favorably by the Committee on Commerce, ConsumerProtection and International Affairs. Under the provisions of JointRule No. 3 of the Rules of the Senate, the bill was read by title andreferred to the Legislative Bureau.

HOUSE BILL NO. 1606—BY REPRESENTATIVES MORRISH AND FAUCHEUX

AN ACTTo amend and reenact R.S. 22:230.5(C) and to enact R.S.

22:230.5(D) and 2016.1, relative to health insurance; to providewith respect to health insurance benefits and options mandatedby law; to provide for a moratorium on additional statutorymandates; and to provide for related matters.

SENATE COMMITTEE AMENDMENTS

Legislative Bureau.

HOUSE BILL NO. 1613—BY REPRESENTATIVES WINSTON, R. CARTER, DOERGE, DURAND,GLOVER, GUILLORY, ILES, L. JACKSON, M. JACKSON, KATZ,MCDONALD, PERKINS, SCHWEGMANN, SHAW, STRAIN, WALKER,AND WELCH

AN ACTTo enact R.S. 46:52.1, relative to public welfare and assistance; to

establish the intent of the legislature in the delivery of socialservices through a "no wrong door" concept; to define"integrated case management" and "service integration"; torequire the secretary of the Department of Social Services todevelop an integrated case management model which includesmultidisciplinary teams; to require the participation of multipledepartments in the development of an integrated casemanagement model; and to provide for related matters.

Reported favorably by the Committee on Health and Welfare.Under the provisions of Joint Rule No. 3 of the Rules of the Senate,the bill was read by title and referred to the Legislative Bureau.

HOUSE BILL NO. 1672—BY REPRESENTATIVES BROOME, WELCH, LUCAS, AND MURRAY

AN ACTTo enact R.S. 1:58.2, relative to special days; to recognize and

designate the third Saturday in June as "Juneteenth Day"; toprovide that this date shall be observed by the state; and toprovide for related matters.

Reported favorably by the Committee on Senate andGovernmental Affairs. Under the provisions of Joint Rule No. 3 ofthe Rules of the Senate, the bill was read by title and referred to theLegislative Bureau.

HOUSE BILL NO. 1788—BY REPRESENTATIVE MORRISH AND SENATOR DARDENNE

AN ACTTo enact Subpart B of Part XXX of Chapter 1 of Title 22 of the

Louisiana Revised Statutes of 1950, to be comprised of R.S.22:1430 through 1430.17, and to repeal R.S. 22:1406.1 through1406.13 and 1431 through 1445, relative to residential andcommercial property insurance; to provide for the LouisianaCitizens Property Insurance Corporation; to provide for theFAIR Plan; to provide for the Coastal Plan; to provide for aboard of directors; to provide for the Louisiana Insurance RatingCommission; to provide for corporate powers; to provide forcertain immunity; to provide for a plan of operation; to providefor assessments; to provide for charges and surcharges; toprovide for participating insurers; to provide for eligibility; toprovide for insurance; to provide for rates; to provide forcontributions by the state; to provide for plan deficits; and toprovide for related matters.

Reported with amendments by the Committee on Insurance.

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Page 30 SENATE 36th DAY'S PROCEEDINGSJune 5, 2003

SENATE COMMITTEE AMENDMENTS

Amendments proposed by Senate Committee on Insurance toReengrossed House Bill No. 1788 by Representative Morrish, et al. AMENDMENT NO. 17

AMENDMENT NO. 1On page 5, line 16, delete "Insurance Rating Commission" and insert AMENDMENT NO. 18in lieu thereof "Senate Committee on Insurance and the Louisiana On page 16, line 5, delete "neither" and delete "nor the"House Committee on Insurance"

AMENDMENT NO. 2 On page 16, line 6, delete "Louisiana Insurance Rating Commission"On page 9, line 15, after "members" insert ",who shall be and after "shall" insert "not"representative of the state's population as near as practicable"

AMENDMENT NO. 3 On page 16, line 10, delete "Insurance Rating Commission" andOn page 9, line 24, change "One representative" to "Five insert in lieu thereof "Senate Committee on Insurance and therepresentatives" and after "governor" insert a comma (,) and insert the Louisiana House Committee on Insurance"following: "two of which shall be individuals who represent propertyand casualty insurance companies licensed by the department of AMENDMENT NO. 21insurance and writing property insurance in this state, and the On page 17, line 6, delete "Insurance Rating Commission" and insertremaining three representatives shall be appointed at large." in lieu thereof "Senate Committee on Insurance and the Louisiana

AMENDMENT NO. 4On page 9, delete line 25 AMENDMENT NO. 22

AMENDMENT NO. 5 in lieu thereof "Senate Committee on Insurance and the LouisianaOn page 10, line 1, change "(7)" to "(6)" House Committee on Insurance"

AMENDMENT NO. 6 AMENDMENT NO. 23On page 10, line 4, change "(8)" to "(7)" On page 23, line 15, delete "oversight"

AMENDMENT NO. 7 On motion of Senator Tarver, the committee amendment wasOn page 10, line 7, change "(9)" to "(8)" and change "Two members" adopted. Under the provisions of Joint Rule No. 3 of the Rules of theto "One member" and change "four" to "three" Senate, the amended bill was read by title and referred to the

AMENDMENT NO. 8On page 10, line 10, change "(10)" to "(9)" and change "Twomembers" to "One member" and change "four" to "three"

AMENDMENT NO. 9On page 10, line 12, change "(11)" to "(10)" and change "Twomembers" to "One member" and change "four" to "three"

AMENDMENT NO. 10On page 10, line 14, change "(12)" to "(11)"

AMENDMENT NO. 11On page 14, line 9, delete "Insurance Rating Commission" and insertin lieu thereof "Senate Committee on Insurance and the LouisianaHouse Committee on Insurance"

AMENDMENT NO. 12On page 15, lines 5, 17, 22, delete "Insurance Rating Commission"and insert in lieu thereof "Senate Committee on Insurance and theLouisiana House Committee on Insurance"

AMENDMENT NO. 13On page 15, line 13, after "specific risks;" insert the following:"procedures for the development of Requests For Proposals, whichshall incorporate an open access plan, and shall be prerequisite to anyservicing company contract;"

AMENDMENT NO. 14On page 15, line 23, delete "Insurance Rating" and insert in lieuthereof "Senate Committee on Insurance and the Louisiana HouseCommittee on Insurance"

AMENDMENT NO. 15On page 15, line 24, delete "Commission"

AMENDMENT NO. 16

On page 15, line 26, after "year." delete the remainder of the line inits entirety

On page 16, delete lines 1 through 3 in their entirety.

AMENDMENT NO. 19

AMENDMENT NO. 20

House Committee on Insurance"

On page 18, line 8, delete "Insurance Rating Commission" and insert

Legislative Bureau.

HOUSE BILL NO. 1795—BY REPRESENTATIVE FUTRELL

AN ACTTo amend and reenact R.S. 51:122, relative to monopolies; to provide

relative to the capacity of parent entities and wholly ownedsubsidiaries to conspire; and to provide for related matters.

Reported favorably by the Committee on Commerce, ConsumerProtection and International Affairs. Under the provisions of JointRule No. 3 of the Rules of the Senate, the bill was read by title andreferred to the Legislative Bureau.

HOUSE BILL NO. 1863—BY REPRESENTATIVES BRUCE AND PINAC

AN ACTTo amend and reenact R.S. 37:2167(B)(1), relative to residential

building contractors; to authorize the submission of a certificateevidencing liability protection provided by a liability trust fundin lieu of liability insurance; and to provide for related matters.

Reported favorably by the Committee on Commerce, ConsumerProtection and International Affairs. Under the provisions of JointRule No. 3 of the Rules of the Senate, the bill was read by title andreferred to the Legislative Bureau.

HOUSE BILL NO. 1864—BY REPRESENTATIVE FRITH

AN ACTTo amend and reenact R.S. 9:3578.6(A)(2), relative to deferred

presentment and small loan lenders; to prohibit certain activities;and to provide for related matters.

Reported with amendments by the Committee on Commerce,Consumer Protection and International Affairs.

SENATE COMMITTEE AMENDMENTS

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36th DAY'S PROCEEDINGS Page 31 SENATEJune 5, 2003

Amendments proposed by Senate Committee on Commerce, with respect to the authority of the commissioner of insuranceConsumer Protection and International Affairs to Engrossed House and the attorney general; and to provide for related matters.Bill No. 1864 by Representative Frith

AMENDMENT NO. 1 provisions of Joint Rule No. 3 of the Rules of the Senate, the bill wasOn page 2, line 1, after "services and" insert "telephone-related" read by title and referred to the Legislative Bureau.

On motion of Senator Hollis, the committee amendment wasadopted. Under the provisions of Joint Rule No. 3 of the Rules of theSenate, the amended bill was read by title and referred to theLegislative Bureau.

HOUSE BILL NO. 1869—BY REPRESENTATIVE PINAC

AN ACTTo amend and reenact R.S. 45:1163.1(A)(4), relative to common

carrier or public utility rate increases; to provide that the filingof a proposed schedule shall only apply with respect to increasesof rates of services which are deemed noncompetitive; and toprovide for related matters.

Reported favorably by the Committee on Commerce, ConsumerProtection and International Affairs. Under the provisions of JointRule No. 3 of the Rules of the Senate, the bill was read by title andreferred to the Legislative Bureau.

HOUSE BILL NO. 1874—BY REPRESENTATIVE JOHN SMITH

AN ACTTo enact R.S. 40:1300.143(3)(a)(viii), relative to the Rural Hospital AMENDMENT NO. 1

Preservation Act; to add certain hospitals to the definition of a On page 3, line 12, after “Employers” insert “who are not eligiblerural hospital; to provide for an effective date; and to provide for under Paragraph (2) of this Section but” and delete “at an annualrelated matters. wage” and insert in lieu thereof “with an annual family income”

Reported favorably by the Committee on Health and Welfare. AMENDMENT NO. 2Under the provisions of Joint Rule No. 3 of the Rules of the Senate, On page 3, line 13, change “one hundred fifty” to “two hundred” andthe bill was read by title and referred to the Legislative Bureau. delete semicolon (;) after "level"

HOUSE BILL NO. 1877—BY REPRESENTATIVE GARY SMITH

AN ACTTo enact R.S. 22:214.3(C), relative to health insurance; to require

health care providers and hospitals to provide certaininformation, including a claim form, to patients upon request;and to provide for related matters.

Reported favorably by the Committee on Insurance. Under theprovisions of Joint Rule No. 3 of the Rules of the Senate, the bill wasread by title and referred to the Legislative Bureau.

HOUSE BILL NO. 1966—BY REPRESENTATIVES HEBERT, ALARIO, ARNOLD, BAUDOIN,BROOME, BRUCE, CAPELLA, K. CARTER, CRANE, CURTIS, DAMICO,DANIEL, DARTEZ, DIEZ, DOWNER, DOWNS, FANNIN, FARRAR, FRITH,FRUGE, FUTRELL, GALLOT, GLOVER, GUILLORY, HAMMETT,HEATON, HONEY, HUDSON, HUNTER, HUTTER, ILES, L. JACKSON, M.JACKSON, JOHNS, KATZ, KENNARD, LAFLEUR, LANCASTER,LANDRIEU, LEBLANC, LUCAS, MARTINY, MCDONALD, MCVEA,MONTGOMERY, MORRELL, MURRAY, NEVERS, ODINET, PEYCHAUD,PIERRE, PITRE, POWELL, QUEZAIRE, RICHMOND, ROMERO,SCHWEGMANN, SHAW, JACK SMITH, JANE SMITH, SNEED, STRAIN,SWILLING, TOWNSEND, WALKER, WINSTON, WOOTON, AND WRIGHT

AN ACTTo enact Part VI-E of Chapter 1 of Title 22 of the Louisiana Revised

Statutes of 1950, to be comprised of R.S. 22:250.41 through250.47, and to repeal R.S. 22:230.3, relative to health insurancecoverage; to provide with respect to billing of enrollees andinsureds by contracted health care providers and certainnoncontracted facility-based health care providers; to providefor notice and disclosure to enrollees and insureds by healthinsurance issuers and health care facilities relative toidentification of noncontracted providers and contractrelationships which could result in billing of insureds orenrollees; to provide for penalties and enforcement; to provide

Reported favorably by the Committee on Insurance. Under the

HOUSE BILL NO. 1989—BY REPRESENTATIVES HEBERT, DEWITT, BAYLOR, ERDEY, FRUGE,MORRISH, GARY SMITH, TOWNSEND, AND TUCKER

AN ACTTo enact R.S. 22:231(H) and 236(10) and Chapter 8 of Title 22 of the

Louisiana Revised Statutes of 1950, to be comprised of R.S.22:3101 through 3112, relative to minimal benefit hospital andmedical policies; to create the Louisiana Safety Net HealthInsurance Program; to provide for the Louisiana Health Plan; toprovide for eligibility; to provide for participation; to provide foremployers; to provide for administration and oversight; toprovide for the Office of Group Benefits; to provide forcoverage and benefits; to provide for policy forms andrequirements; and to provide for related matters.

Reported with amendments by the Committee on Insurance.

SENATE COMMITTEE AMENDMENTS

Amendments proposed by Senate Committee on Insurance toEngrossed House Bill No. 1989 by Representative Hebert

AMENDMENT NO. 3On page 3, line 14, delete “however, the employer”

AMENDMENT NO. 4On page 3, line 15, after “employees” delete the remainder of the lineand insert “whose family income is not more than two hundred"

AMENDMENT NO. 5On page 3, line 17, change “wage” to “family income” and change“one hundred fifty” to “two hundred”

AMENDMENT NO. 6On page 3, at the end of line 18, insert the following: “For purposesof this Chapter, a family may consist of the employee only, or whereapplicable, include the spouse and/or dependents of the employee.”

AMENDMENT NO. 7On page 3, line 24, delete period (.) after "policies" and delete“Pursuant thereto," and insert in lieu thereof the following: “thatallow enrollees or insureds access to at least one network alternativethat requires contracted health care providers to accept the amountpayable for covered health care services as payment in full for suchservices.”

AMENDMENT NO. 8On page 3, delete lines 25 and 26 in their entirety and insert in lieuthereof the following: “This network shall be specifically establishedfor the minimal benefit hospital and medical policies to be offeredpursuant to this Chapter.

AMENDMENT NO. 9On page 4, delete lines 1 and 2 in their entirety and insert "Healthinsurance"

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Page 32 SENATE 36th DAY'S PROCEEDINGSJune 5, 2003

AMENDMENT NO. 10On page 6, line 3, change "a fee" to "fees"

AMENDMENT NO. 11On page 6, between lines 16 and 17, insert the following:

“F. There shall be no liability on the part of and no cause ofaction of any nature shall arise or exist against the Louisiana HealthPlan, its agents, employees, or its board of directors for any actiontaken by them in the performance of their powers and duties underthis Chapter.”

AMENDMENT NO. 12 Rules SuspendedOn page 7, lines 15 and 25, change “applicant” to “producer”

AMENDMENT NO. 13On page 13, line 19, after "except" insert the following: "the UnfairTrade Practices provisions of Part XXVI of this Title provided intentis established that the health insurance issuer is committing orperforming with such frequency such practices as to indicate ageneral business practice, any financial solvency enumerated in thisChapter, or"

AMENDMENT NO. 14On page 14, line 12, after “person” insert comma (,) and insert"including a spouse or dependent,”

AMENDMENT NO. 15On page 14, line 13, after “coverage.” insert the following: “Adependent includes unmarried children under twenty-one years of ageor, in the case of full-time students, unmarried children under the ageof twenty-four, and unmarried grandchildren under twenty-one yearsof age in the legal custody of and residing with the grandparent or, inthe case of full-time students, unmarried grandchildren under the ageof twenty-four who are in the legal custody of and residing with thegrandparent, except that the policy may provide for continuingcoverage for any unmarried child or grandchild in the legal custodyof and residing with the grandparent who is incapable of self-sustaining employment by reason of mental retardation or physicalhandicap, who became so incapable prior to attainment of age twenty-one, and any other person dependent upon the employee."

On motion of Senator Tarver, the committee amendment wasadopted. Under the provisions of Joint Rule No. 3 of the Rules of theSenate, the amended bill was read by title and referred to theLegislative Bureau.

Rules Suspended

Senator Smith asked for and obtained a suspension of the rulesfor the purpose of recalling Senate Concurrent Resolution No. 47from the Committee on Agriculture, Forestry, Aquaculture and RuralDevelopment.

SENATE CONCURRENT RESOLUTION NO. 47—BY SENATOR SMITH

A CONCURRENT RESOLUTIONTo memorialize the Congress of the United States to provide an

exemption to the Sherman Anti-Trust Act to allow small andmedium sized United States based and owned lumbermanufacturers to sell their products through company ownedretail outlets.

On motion of Senator Smith, the resolution was read by title andwithdrawn from the files of the Senate.

Rules Suspended

Senator Mount asked for and obtained a suspension of the rulesfor the purpose of recalling Senate Bill No. 434 from the Committeeon Retirement.

SENATE BILL NO. 434—BY SENATOR MOUNT

AN ACTTo enact R.S. 11:2178(M), relative to the Sheriffs' Pension and Relief

Fund; to provide for a one-time cost-of-living adjustment; toprovide for retroactive application; and to provide for relatedmatters.

On motion of Senator Mount, the bill was read by title andwithdrawn from the files of the Senate.

Senator Mount asked for and obtained a suspension of the rulesfor the purpose of recalling Senate Bill No. 595 from the Committeeon Retirement.

SENATE BILL NO. 595—BY SENATOR MOUNT

AN ACTTo enact R.S. 11:153(L), relative to the Sheriffs' Pension and Relief

fund; to provide with respect to purchase of military servicecredit for years of active duty military service in the VietnamConflict; to provide with respect to employee contributions; toprovide with respect to employer contributions; to provide foran effective date; and to provide for related matters.

On motion of Senator Mount, the bill was read by title andwithdrawn from the files of the Senate.

Senator Lambert in the Chair

Senate Concurrent Resolutionson Second Reading

Reported by Committees

The following Senate Concurrent Resolutions reported byCommittees were taken up and acted upon as follows:

SENATE CONCURRENT RESOLUTION NO. 93—BY SENATOR MICHOT

A CONCURRENT RESOLUTIONTo urge and request the commissioner of administration to prepare a

report containing certain information on all performance-basedenergy efficiency contracts for services and equipment enteredinto by any state agency, board, or commission.

Reported favorably by the Committee on Finance.

The resolution was read by title. Senator Michot moved to adoptthe Senate Concurrent Resolution.

ROLL CALL

The roll was called with the following result:

YEAS

Bajoie Heitmeier MarionneauxBarham Hines McPhersonBoissiere Holden MichotCain Hollis MountChaisson Hoyt RomeroCravins Irons SmithDean Johnson TarverDupre Jones, CD TheunissenEllington Lambert ThomasFontenot Lentini UlloGautreaux Malone Total—32

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36th DAY'S PROCEEDINGS Page 33 SENATEJune 5, 2003

NAYS "BE IT FURTHER RESOLVED that the Boeuf River Band of Cherokees of Louisiana, will agree in writing with the governor of the Total—0 state of Louisiana not to apply in the next ninety-nine years for any

ABSENT gaming license, compact, or permit for any reservation within

Mr. President Dardenne Schedler "BE IT FURTHER RESOLVED that in the event it is not agreedAdley Fields to by the tribe, this Resolution is hereby null and void." Bean Jones, B Total—7 On motion of Senator Cravins, the committee amendment was

The Chair declared the Senate had adopted the SenateConcurrent Resolution and ordered it sent to the House. On motion of Senator Ellington, the amended resolution was

SENATE CONCURRENT RESOLUTION NO. 107—BY SENATOR SMITH

A CONCURRENT RESOLUTIONTo request the Bureau of Vital Statistics to report to the Governor's A CONCURRENT RESOLUTION

Commission on Marriage and Family divorce data for the state To create the Task Force on Regional and Local Economicover the last five years. Development to review industry attraction, expansion, and

Reported favorably by the Committee on Judiciary A. determine appropriate funding levels and revenue sources.

The resolution was read by title. Senator Smith moved to adopt Reported with amendments by the Committee on Commerce,the Senate Concurrent Resolution. Consumer Protection and International Affairs.

ROLL CALL

The roll was called with the following result:

YEAS

Barham Heitmeier MarionneauxBoissiere Hines McPhersonCain Holden MichotChaisson Hollis MountCravins Hoyt RomeroDardenne Irons SmithDean Johnson TarverDupre Jones, CD TheunissenEllington Lambert ThomasFontenot Lentini UlloGautreaux Malone Total—32

NAYS Total—0

ABSENT

Mr. President Bean SchedlerAdley FieldsBajoie Jones, B Total—7

The Chair declared the Senate had adopted the SenateConcurrent Resolution and ordered it sent to the House.

SENATE CONCURRENT RESOLUTION NO. 94—BY SENATOR ELLINGTON

A CONCURRENT RESOLUTIONTo recognize the Boeuf River Band of Cherokees as an Indian tribe

of Louisiana.

Reported with amendments by the Committee on Judiciary B.

SENATE COMMITTEE AMENDMENTS

Amendments proposed by Senate Committee on Judiciary B toOriginal Senate Concurrent Resolution No. 94 by Senator Ellington

AMENDMENT NO. 1On page 2, between lines 14 and 15 insert the following:

Louisiana prior to this Resolution being effective.

adopted.

returned to the Calendar Subject to Call.

SENATE CONCURRENT RESOLUTION NO. 100—BY SENATOR HAINKEL AND REPRESENTATIVE ALARIO

retention initiatives at the local and regional levels and to

SENATE COMMITTEE AMENDMENTS

Amendments proposed by Senate Committee on Commerce,Consumer Protection and International Affairs to Original SenateConcurrent Resolution No. 100 by Senator Hainkel

AMENDMENT NO. 1On page 3, between lines 19 and 20 insert the following:

"(41) The Louisiana River Pilots Association."

AMENDMENT NO. 2On page 4, line 24 after "Ports Association of Louisiana," insert "theLouisiana River Pilots Association,"

On motion of Senator Hollis, the committee amendment wasadopted.

On motion of Senator Hainkel, the amended resolution was readby title and ordered engrossed and passed to a third reading.

SENATE CONCURRENT RESOLUTION NO. 102—BY SENATOR THOMAS AND REPRESENTATIVE MORRISH

A CONCURRENT RESOLUTIONTo create and provide for a special task force to study and

recommend implementation of a consolidated database of publicdata provided by the Department of Health and Hospitals,Louisiana State University Health Sciences Center, office ofgroup benefits, and office of workers' compensation that willallow predictive modeling and other actuarial analysis that mayaffect LaDoc and related programs for the uninsured.

Reported with amendments by the Committee on Insurance.

SENATE COMMITTEE AMENDMENTS

Amendments proposed by Senate Committee on Insurance toOriginal Senate Concurrent Resolution No.102 by Senator Thomasand Representative Morrish

AMENDMENT NO. 1On page 2, delete lines 7 through 11 in their entirety

On motion of Senator Tarver, the committee amendment wasadopted.

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Page 34 SENATE 36th DAY'S PROCEEDINGSJune 5, 2003

The resolution was read by title. Senator Thomas moved toadopt the amended Senate Concurrent Resolution.

ROLL CALL

The roll was called with the following result:

YEAS

Bajoie Heitmeier MaloneBarham Hines MarionneauxBoissiere Holden McPhersonCain Hollis MichotChaisson Hoyt MountCravins Irons RomeroDardenne Johnson SmithDean Jones, B TarverDupre Jones, CD Theunissen The roll was called with the following result:Ellington Lambert ThomasGautreaux Lentini Ullo YEAS Total—33

NAYS Mr. President Gautreaux Marionneaux Bajoie Heitmeier McPherson Total—0 Barham Hines Michot

ABSENT Boissiere Holden Mount

Mr. President Bean Fontenot Chaisson Irons SmithAdley Fields Schedler Cravins Johnson Tarver Total—6 Dardenne Jones, B Theunissen

The Chair declared the Senate had adopted the amended Senate Ellington Lentini UlloConcurrent Resolution and ordered it engrossed and sent to the Fontenot MaloneHouse. Total—32

SENATE CONCURRENT RESOLUTION NO. 104—BY SENATOR BOISSIERE

A CONCURRENT RESOLUTIONTo suspend various sections of Title 37 of the Louisiana Revised

Statutes of 1950 and those portions of the LouisianaAdministrative Code as they may impose certain mandatoryrequirements for the continuation of any licensure orcertification for any individual while in the active militaryservice of the United States or any of its allies.

Reported favorably by the Committee on Senate andGovernmental Affairs. On motion of Senator Ullo, the resolution wasread by title, ordered engrossed, and passed to a third reading.

Senate Bills and Joint Resolutions onThird Reading

and Final Passage

The following Senate Bills and Joint Resolutions on thirdreading and final passage were taken up and acted upon as follows:

SENATE BILL NO. 996—BY SENATOR HAINKEL

AN ACTTo amend and reenact R.S. 11:62(5)(b) and 444(A)(2), and to enact

Subpart C-1 of Part VII of Chapter 1 of Subtitle II of Title 11 ofthe Louisiana Revised Statutes of 1950, to be comprised of R.S.11:611 through 612, relative to the Louisiana State Employees'Retirement System; to provide with respect to the employeecontribution rate, and retirement eligibility criteria and benefitsfor certain public safety services employees; and to provide forrelated matters.

Floor Amendments Sent Up

Senator Mount sent up floor amendments which were read.

SENATE FLOOR AMENDMENTS

Amendments proposed by Senator Mount to Engrossed Senate BillNo. 996 by Senator Hainkel

AMENDMENT NO. 1On page 3, line 18, change "state" to "certain" and at the end of line19, add the following: "This Subpart shall not apply to employees ofthe Lake Charles Harbor and Terminal District."

On motion of Senator Mount, the amendments were adopted.

The bill was read by title. Senator Boissiere moved finalpassage of the amended bill.

ROLL CALL

Cain Hoyt Romero

Dupre Jones, CD Thomas

NAYS

Dean Total—1

ABSENT

Adley Fields LambertBean Hollis Schedler Total—6

The Chair declared the amended bill was passed. The title wasread and adopted. Senator Boissiere moved to reconsider the vote bywhich the bill was passed and laid the motion on the table.

SENATE BILL NO. 86—BY SENATOR HINES

AN ACTTo enact Part LVIII of Chapter 5 of Title 40 of the Louisiana Revised

Statutes of 1950, to be comprised of R.S. 40:1300.191 through1300.201, relative to the Louisiana Seniors Pharmacy AssistanceProgram; to provide definitions; to create the Louisiana SeniorsPharmacy Assistance Program; to provide for eligibility,services, denial, modification, and suspension or termination ofservices and an appeal procedure and judicial review; to providefor reimbursement and recovery of costs for services provided;to provide for the powers, duties, and responsibilities of theDepartment of Health and Hospitals including funding; toprovide for annual reporting; to provide for promulgation ofrules and regulations; to provide for implementation; to providefor an effective date; and to provide for related matters.

The bill was read by title. Senator Hines moved the finalpassage of the bill.

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36th DAY'S PROCEEDINGS Page 35 SENATEJune 5, 2003

ROLL CALL

The roll was called with the following result:

YEAS

Bajoie Heitmeier MarionneauxBarham Hines McPhersonBoissiere Holden MichotCain Hollis MountChaisson Hoyt RomeroCravins Irons SmithDardenne Johnson TarverDean Jones, B TheunissenDupre Jones, CD ThomasEllington Lambert UlloFontenot LentiniGautreaux Malone Total—34

NAYS Total—0

ABSENT

Mr. President Bean SchedlerAdley Fields Total—5

The Chair declared the bill was passed. The title was read andadopted. Senator Hines moved to reconsider the vote by which thebill was passed and laid the motion on the table.

SENATE BILL NO. 281—BY SENATOR BOISSIERE

AN ACT Fontenot MaloneTo enact R.S. 11:1307(A)(3), relative to the State Police Pension and Total—32

Retirement System; to provide with respect to member benefits; NAYSto provide with respect to a retirement benefit longevity increasefor members who participated in the Deferred Retirement Option HoytPlan on or before June 30, 2003, and who continued in Total—1employment after participation in the Deferred Retirement ABSENTOption Plan without a break in service and who remained insuch continuous employment on July 1, 2003; to provide for an Mr. President Bean Ironseffective date; and to provide for related matters. Adley Fields Schedler

The bill was read by title. Senator Boissiere moved the finalpassage of the bill. The Chair declared the bill was passed. The title was read and

ROLL CALL

The roll was called with the following result:

YEAS

Bajoie Gautreaux MaloneBarham Heitmeier MarionneauxBoissiere Hines McPhersonCain Holden MichotChaisson Hollis MountCravins Irons RomeroDardenne Johnson SmithDean Jones, B TarverDupre Jones, CD TheunissenEllington Lambert ThomasFontenot Lentini Ullo Total—33

NAYS

Hoyt Total—1

ABSENT

Mr. President Bean SchedlerAdley Fields Total—5

The Chair declared the bill was passed. The title was read andadopted. Senator Boissiere moved to reconsider the vote by whichthe bill was passed and laid the motion on the table.

SENATE BILL NO. 329—BY SENATOR HAINKEL

AN ACTTo enact R.S. 11:431, relative to the Louisiana State Employees’

Retirement System; to provide for conversion of certain unusedleave to service credit; and to provide for related matters.

The bill was read by title. Senator Boissiere moved the finalpassage of the bill.

ROLL CALL

The roll was called with the following result:

YEAS

Bajoie Gautreaux MarionneauxBarham Heitmeier McPhersonBoissiere Hines MichotCain Holden MountChaisson Hollis RomeroCravins Johnson SmithDardenne Jones, B TarverDean Jones, CD TheunissenDupre Lambert ThomasEllington Lentini Ullo

Total—6

adopted. Senator Boissiere moved to reconsider the vote by whichthe bill was passed and laid the motion on the table.

SENATE BILL NO. 358—BY SENATOR MCPHERSON

AN ACTTo amend and reenact R.S. 40:2116(G), relative to intermediate care

facilities for the mentally retarded; to provide with respect to thefacility need review provisions for facilities of a particularnumber of beds; and to provide for related matters.

Floor Amendments Sent Up

Senator Lambert sent up floor amendments which were read.

SENATE FLOOR AMENDMENTS

Amendments proposed by Senator Lambert on behalf of theLegislative Bureau to Engrossed Senate Bill No. 358 by SenatorMcPherson

AMENDMENT NO. 1On page 1, line 2, change "amend and reenact" to "enact"

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Page 36 SENATE 36th DAY'S PROCEEDINGSJune 5, 2003

On motion of Senator Lambert, the amendments were adopted. On page 2, line 7, after "Superdome." insert the following:

The bill was read by title. Senator McPherson moved final contractor must present, for district approval, detailed plans for thepassage of the amended bill. painting project, which shall include the names of those people

ROLL CALL

The roll was called with the following result:

YEAS

Bajoie Gautreaux MaloneBarham Heitmeier MarionneauxBoissiere Hines McPhersonCain Holden MichotChaisson Hollis MountCravins Hoyt RomeroDardenne Johnson Smith The roll was called with the following result:Dean Jones, B TarverDupre Jones, CD Theunissen YEASEllington Lambert ThomasFontenot Lentini Ullo Bajoie Hines McPherson Total—33 Barham Holden Michot

NAYS Boissiere Hollis Mount Cain Irons Romero Total—0 Cravins Johnson Smith

ABSENT Dardenne Jones, B Tarver

Mr. President Bean Irons Dupre Lambert ThomasAdley Fields Schedler Ellington Lentini Ullo Total—6 Fontenot Malone

The Chair declared the amended bill was passed. The title was Total—31read and adopted. Senator McPherson moved to reconsider the vote NAYSby which the bill was passed and laid the motion on the table.

SENATE BILL NO. 403—BY SENATOR FONTENOT (By Request)

AN ACTTo enact Subpart I of Part VII of Chapter 1 of Title 49 of the

Louisiana Revised Statutes of 1950, to be comprised of R.S.49:150.21, relative to public buildings; to authorize the board ofcommissioners of the Louisiana Stadium and Exposition Districtto contract with a private entity to paint the flag of the UnitedStates of America and "God Bless America" on the roof of theLouisiana Superdome; and to provide for related matters.

Floor Amendments Sent Up

Senator Dardenne sent up floor amendments which were read.

SENATE FLOOR AMENDMENTS

Amendments proposed by Senator Dardenne to Engrossed Senate BillNo. 403 by Senator Fontenot

AMENDMENT NO. 1On page 2, line 6, after "district" and before "the" insert the AN ACTfollowing: "nor the State of Louisiana. Said contract will stipulate To amend and reenact R.S. 11:447, 448, 449, 450 and 451, and tothat the district and the State of Louisiana shall be held harmless for enact R.S. 11:451.1, 451.2, 451.3 and 451.4, relative to theany liability incurred as a result of the painting process, and the Louisiana State Employees' Retirement System; to provide forcontractor shall be responsible for removal of the paint in the event self-directed investment funds in the Deferred Retirementthat the naming rights to the Superdome are sold to a sponsor who Option Plan and to alter other provisions of the plan to bedesires that the painting be removed. The contractor shall post a compatible with the changes in the plan; to provide for anbond for performance payable, as appropriate, to the board of effective date; and to provide for related matters.commissioners of the Louisiana Stadium and Exposition District,with good and sufficient sureties approved by the board ofcommissioners, conditioned for the faithful performance of all dutiessurrounding the painting process."

AMENDMENT NO. 2

"B. Prior to the commencement of the painting process, the

involved in the project, the exact color of paint to be used as well asa small scale replica of the proposed finished product."

AMENDMENT NO. 3On page 2, line 8, change "B." to "C."

On motion of Senator Dardenne, the amendments were adopted.

The bill was read by title. Senator Fontenot moved final passageof the amended bill.

ROLL CALL

Dean Jones, CD Theunissen

Heitmeier Marionneaux

Gautreaux Total—1

ABSENT

Mr. President Chaisson SchedlerAdley FieldsBean Hoyt Total—7

The Chair declared the amended bill was passed. The title wasread and adopted. Senator Fontenot moved to reconsider the vote bywhich the bill was passed and laid the motion on the table.

Personal Privilege

Senator Gautreaux asked for and obtained the floor of the Senateon a point of personal privilege, and stated he had voted in error onSenate Bill No. 403. He voted nay on the bill and had intended tovote yea. He asked that the Official Journal so state.

SENATE BILL NO. 425—BY SENATOR BOISSIERE

Floor Amendments Sent Up

Senator Lambert sent up floor amendments which were read.

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36th DAY'S PROCEEDINGS Page 37 SENATEJune 5, 2003

SENATE FLOOR AMENDMENTS

Amendments proposed by Senator Lambert on behalf of the which the bill was passed and laid the motion on the table.Legislative Bureau to Engrossed Senate Bill No. 425 by SenatorBoissiere

AMENDMENT NO. 1On page 3, line 4, before "the" change "456" to "454"

AMENDMENT NO. 2On page 7, line 23, following "of" and before "Deferred" insert "the"

On motion of Senator Lambert, the amendments were adopted.

Floor Amendments Sent Up

Senator Boissiere sent up floor amendments which were read.

SENATE FLOOR AMENDMENTS

Amendments proposed by Senator Boissiere to Engrossed Senate BillNo. 425 by Senator Boissiere

AMENDMENT NO. 1On page 6, line 13, delete "(ii)"

AMENDMENT NO. 2On page 7, line 18, change "DROP" to "the Deferred RetirementOption Plan"

AMENDMENT NO. 3On page 9, line 5, in both instances, change "DROP" to "the DeferredRetirement Option Plan" and change "balances" to "balance"

AMENDMENT NO. 4On page 9, line 22, change "DROP" to "the Deferred RetirementOption Plan"

On motion of Senator Boissiere, the amendments were adopted.

The bill was read by title. Senator Boissiere moved finalpassage of the amended bill.

ROLL CALL

The roll was called with the following result:

YEAS

Bajoie Gautreaux MaloneBarham Heitmeier MarionneauxBoissiere Hines McPhersonCain Holden MichotChaisson Hoyt MountCravins Irons RomeroDardenne Johnson SmithDean Jones, B TarverDupre Jones, CD TheunissenEllington Lambert ThomasFontenot Lentini Ullo Total—33

NAYS Total—0

ABSENT

Mr. President Bean HollisAdley Fields Schedler Total—6

The Chair declared the amended bill was passed. The title wasread and adopted. Senator Boissiere moved to reconsider the vote by

SENATE BILL NO. 539—BY SENATOR FIELDS

AN ACTTo amend and reenact R.S. 18:44(A) and (B)(5)(b), 110(B)(1), 197,

402(B), (C), (F)(2) and (G), 431(A)(1)(b), 433(G)(1) and(H)(1)(introductory paragraph), 434(A)(1), (C)(introductoryparagraph), and (D)(1) and (2), 435(A) and (B), 436, 453,467(2), 468(A), 552(A)(introductory paragraph), 1272(A),1278(B), 1279, 1300(C)(1), 1300.7(A), 1306(A)(4) and (C)(2),1307(A)(8) and (D), 1308(A)(2)(a), 1311(D)(5)(a), 1314(C)(1)and (2) and (D), 1333(D)(1)(e) and (E)(1), 1355(6), 1401(B),1402(B)(1)(c), 1405(A), 1406(B), 1407, 1409(B)(1) and (2),1432(A), 1461(A)(17) and to enact R.S. 18:1275.1 through1275.23, relative to elections; to provide for a party primarysystem of elections for congressional offices, includingprovisions to provide for nomination of candidates for generalelections for congressional offices by party primary elections,including a first primary election and a second primary electionif no candidate receives a majority vote in the first primaryelection; for qualification of candidates for congressional officehaving no party affiliation in the general election; for election inthe general election by plurality vote; for voting forcongressional offices by a voter registered as affiliated with theparty in the party primary elections; to provide for voting ofunaffiliated voters in party primaries; to provide for electiondates; and to provide for related matters.

On motion of Senator Lambert, the bill was read by title andreturned to the Calendar, subject to call.

Mr. President in the Chair

SENATE BILL NO. 761—BY SENATOR CAIN

AN ACTTo amend and reenact R.S. 14:42(A)(4) and to enact Code of

Criminal Procedure Art. 336.1, relative to certain sex offenses;to provide relative to the crime of aggravated rape; to raise theage of the victim as an element of such crime; to require certainconsiderations by the court in determining release on bail foroffenses of such crime; to provide relative to the conditions ofrelease on bail for an indictment for such a crime; to providerelative to electronic monitoring; and to provide for relatedmatters.

The bill was read by title. Senator Cain moved the final passageof the bill.

ROLL CALL

The roll was called with the following result:

YEAS

Bajoie Gautreaux MaloneBarham Heitmeier MarionneauxBoissiere Hines McPhersonCain Holden MichotChaisson Hoyt MountCravins Irons RomeroDardenne Johnson SmithDean Jones, B TarverEllington Jones, CD TheunissenFontenot Lentini Ullo Total—30

NAYS

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Page 38 SENATE 36th DAY'S PROCEEDINGSJune 5, 2003

Mr. President Total—7 Total—1

ABSENT The Chair declared the amended bill was passed. The title was

Adley Fields Schedler which the bill was passed and laid the motion on the table.Bean Hollis ThomasDupre Lambert Total—8

The Chair declared the bill was passed. The title was read andadopted. Senator Cain moved to reconsider the vote by which the billwas passed and laid the motion on the table.

SENATE BILL NO. 785—BY SENATOR HOYT

AN ACTTo enact R.S. 37:2150.1(12) and (13), and 2157(9) and Part I of The bill was read by title. Senator C. Jones moved the final

Chapter 24 of Title 37 of the Revised Statutes of 1950, to be passage of the bill.comprised of R.S. 37:2175.1 through 2175.5, relative to homeimprovement contracting; to provide for the registration of homeimprovement contractors; to provide for requirements for certainhome improvement contracts; to provide fees for registration andrenewal; to provide for administrative penalties; to provide forexemptions from registration; and to provide for related matters.

Floor Amendments Sent Up

Senator Lambert sent up floor amendments which were read. Barham Heitmeier McPherson

SENATE FLOOR AMENDMENTS

Amendments proposed by Senator Lambert on behalf of the Cravins Irons SmithLegislative Bureau to Reengrossed Senate Bill No. 785 by Senator Dardenne Johnson TarverHoyt Dean Jones, B Theunissen

AMENDMENT NO. 1 Ellington Lentini UlloOn page 1, lines 2 and 11, following "2157" and before "(9)" insert Total—33"(A)" NAYS

On motion of Senator Lambert, the amendments were adopted. Total—0

The bill was read by title. Senator Hoyt moved final passage ofthe amended bill. Adley Fields Lambert

ROLL CALL

The roll was called with the following result:

YEAS

Mr. President Gautreaux McPhersonBajoie Heitmeier MichotBarham Hines MountBoissiere Holden RomeroCain Hoyt SmithChaisson Johnson TarverDardenne Jones, B TheunissenDean Jones, CD ThomasDupre Lentini UlloEllington MaloneFontenot Marionneaux Total—31

NAYS

Irons Total—1

ABSENT

Adley Fields SchedlerBean HollisCravins Lambert

read and adopted. Senator Hoyt moved to reconsider the vote by

SENATE BILL NO. 1036—BY SENATOR C. JONES

AN ACTTo enact R.S. 17:1383 through 1385, relative to school districts; to

establish a Priority Education Zone; to provide for enrollment ofschool systems and enlistment of resource providers; to providefor the administration and operation of the Priority EducationZone; to provide relative to the Minimum Foundation Program;and to provide for related matters.

ROLL CALL

The roll was called with the following result:

YEAS

Mr. President Fontenot MaloneBajoie Gautreaux Marionneaux

Boissiere Hines MichotCain Holden MountChaisson Hoyt Romero

Dupre Jones, CD Thomas

ABSENT

Bean Hollis Schedler Total—6

The Chair declared the bill was passed. The title was read andadopted. Senator C. Jones moved to reconsider the vote by which thebill was passed and laid the motion on the table.

SENATE BILL NO. 1076—BY SENATOR BOISSIERE

AN ACTTo enact R.S. 11:263(F), 266.1 and 268, relative to Louisiana state

public retirement or pension systems, funds, and plans; to directthe governing authorities of the state public retirement orpension systems, funds, and plans to prepare a policy whereinthe system, fund or plan shall propose how it intends to investin small and emerging businesses, venture capital firms, and in-state money management firms; to direct the governingauthorities of the state public retirement or pension systems,funds, and plans to prepare a policy wherein the system, fund orplan shall propose how it intends to use in or out-of-stateemerging businesses, money managers, and venture capitalfirms; to require each Louisiana state public retirement orpension system, fund, or plan to direct at least ten percent of allinvestment trades through a broker-dealer who maintains anoffice in Louisiana and ten percent through a broker-dealer whohas been incorporated and domiciled in Louisiana for at leasttwo years; to provide for an effective date; and to provide forrelated matters.

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36th DAY'S PROCEEDINGS Page 39 SENATEJune 5, 2003

Floor Amendments Sent Up

Senator Lambert sent up floor amendments which were read.

SENATE FLOOR AMENDMENTS

Amendments proposed by Senator Lambert on behalf of theLegislative Bureau to Reengrossed Senate Bill No. 1076 by Senator YEASBoissiere

AMENDMENT NO. 1 Barham Heitmeier MichotOn page 4, line 21, before "(D)" delete "Subparagraph" Boissiere Hines Mount

On motion of Senator Lambert, the amendments were adopted. Chaisson Hoyt Smith

The bill was read by title. Senator Boissiere moved final Dardenne Johnson Theunissenpassage of the amended bill. Dean Jones, B Thomas

ROLL CALL

The roll was called with the following result:

YEAS

Bajoie Hines McPhersonBarham Holden MichotBoissiere Hoyt MountCain Irons RomeroChaisson Johnson SmithDupre Jones, B TarverEllington Jones, CD TheunissenFontenot Lentini ThomasGautreaux Malone UlloHeitmeier Marionneaux Total—29

NAYS

Dean Total—1

ABSENT

Mr. President Cravins HollisAdley Dardenne LambertBean Fields Schedler Total—9

The Chair declared the amended bill was passed. The title wasread and adopted. Senator Boissiere moved to reconsider the vote bywhich the bill was passed and laid the motion on the table.

Senator Ellington in the Chair

SENATE BILL NO. 307—BY SENATOR SCHEDLER

AN ACTTo amend and reenact R.S. 40:1235(A)(2)(b) and 1235.2(A), relative

to qualifications to operate ambulances and ambulance providersand licensure; to provide an exception regarding heliports; andto provide for related matters.

On motion of Senator Schedler, the bill was read by title andreturned to the Calendar, subject to call.

SENATE BILL NO. 446—BY SENATOR CRAVINS

AN ACTTo enact R.S. 22:3071(32), relative to medical necessity review

organizations; to provide for definitions; and to provide forrelated matters.

The bill was read by title. Senator Cravins moved the finalpassage of the bill.

ROLL CALL

The roll was called with the following result:

Bajoie Gautreaux McPherson

Cain Holden Romero

Cravins Irons Tarver

Dupre Jones, CD UlloEllington LentiniFontenot Malone Total—31

NAYS

Marionneaux Total—1

ABSENT

Mr. President Fields SchedlerAdley HollisBean Lambert Total—7

The Chair declared the bill was passed. The title was read andadopted. Senator Cravins moved to reconsider the vote by which thebill was passed and laid the motion on the table.

SENATE BILL NO. 736—BY SENATOR C. JONES

AN ACTTo enact Part III of Chapter 4-A of Title 3 of the Louisiana Revised

Statutes of 1950, to be comprised of R.S. 3:331 through 335,relative to rural development; to provide for the Rural TownRevitalization Program; to provide a definition of "rural town";to provide for legislative findings and declaration; to create theRural Town Revitalization Fund; to provide for administrationof the fund; to provide for rules, regulations, and programguidelines; and to provide for related matters.

The bill was read by title. Senator C. Jones moved the finalpassage of the bill.

ROLL CALL

The roll was called with the following result:

YEAS

Bajoie Heitmeier McPhersonBarham Hines MichotBoissiere Holden MountCain Hoyt RomeroChaisson Irons SmithCravins Johnson TarverDardenne Jones, B TheunissenDupre Jones, CD ThomasEllington Lentini UlloFontenot MaloneGautreaux Marionneaux Total—31

NAYS

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Page 40 SENATE 36th DAY'S PROCEEDINGSJune 5, 2003

Dean Total—1

ABSENT

Mr. President Fields SchedlerAdley HollisBean Lambert Total—7

The Chair declared the bill was passed. The title was read andadopted. Senator C. Jones moved to reconsider the vote by which thebill was passed and laid the motion on the table.

SENATE BILL NO. 1110—BY SENATOR BOISSIERE

AN ACTTo enact Part I-B of Chapter 1 of Title 22 of the Louisiana Revised

Statutes of 1950, to be comprised of R.S. 22:25.1 through 25.2,relative to motor vehicle insurance; to authorize creation of adatabase to determine compliance with the Motor Vehicle SafetyResponsibility Law; to provide for procurement of a system totrack compliance; to provide for enforcement; and to provide forrelated matters.

The bill was read by title. Senator Boissiere moved the finalpassage of the bill.

ROLL CALL

The roll was called with the following result:

YEAS

Bajoie Heitmeier McPhersonBarham Hines MichotBoissiere Holden MountCain Hoyt RomeroChaisson Irons SmithCravins Johnson TarverDardenne Jones, B TheunissenDupre Jones, CD ThomasEllington Lentini UlloFontenot MaloneGautreaux Marionneaux Total—31

NAYS

Dean Total—1

ABSENT

Mr. President Fields SchedlerAdley HollisBean Lambert Total—7

The Chair declared the bill was passed. The title was read andadopted. Senator Boissiere moved to reconsider the vote by whichthe bill was passed and laid the motion on the table.

Senate Bills and Joint Resolutions onThird Reading and Final Passage,

Subject to Call

The following Senate Bills and Joint Resolutions on thirdreading and final passage, subject to call, were taken up and actedupon as follows:

Called from the Calendar

Senator McPherson asked that Senate Bill No. 419 be calledfrom the Calendar at this time for its final passage.

SENATE BILL NO. 419—BY SENATORS MCPHERSON, FIELDS AND ROMERO

AN ACTTo enact R.S. 9:2716, relative to contracts; to provide for the terms

for continuation of certain contracts; and to provide for relatedmatters.

On motion of Senator McPherson, the bill was read by title andwithdrawn from the files of the Senate.

Called from the Calendar

Senator Cravins asked that Senate Bill No. 448 be called fromthe Calendar at this time for its final passage.

SENATE BILL NO. 448—BY SENATOR CRAVINS

AN ACTTo amend and reenact R.S. 27:318(A) and to enact R.S. 27:311(F),

relative to Video Draw Poker Devices Control Law; to providewith respect to licensing by division; to provide that a deviceowner shall not be required to maintain minimum balance orsecurity under certain conditions; to provide for fines; to providefor the distribution of device revenues at licensedestablishments; and to provide for related matters.

On motion of Senator Cravins, the bill was read by title andwithdrawn from the files of the Senate.

Called from the Calendar

Senator Cravins asked that Senate Bill No. 758 be called fromthe Calendar at this time for its final passage.

SENATE BILL NO. 758—BY SENATOR CRAVINS

AN ACTTo enact R.S. 14:35.3 and 143(C)(18), relative to offenses against the

person; to create the crime of domestic abuse battery; to providefor definitions; to provide for criminal penalties; to provide foradditional penalties when a minor child twelve years or youngeris present during the commission of a domestic abuse battery; toprovide relative to the inclusion of convictions under other lawsin determinations of the existence of prior convictions; and toprovide for related matters.

On motion of Senator Cravins, the bill was read by title andwithdrawn from the files of the Senate.

Called from the Calendar

Senator Michot asked that Senate Bill No. 786 be called fromthe Calendar at this time for its final passage.

SENATE BILL NO. 786—BY SENATORS MICHOT, CRAVINS, AND HOYT ANDREPRESENTATIVES PINAC, ALEXANDER, BAUDOIN, BROOME,BRUCE, DANIEL, DURAND, FLAVIN, PIERRE, AND WALSWORTH

AN ACTTo enact Chapter 8-I of Title 45 of the Louisiana Revised Statues of

1950, to be comprised of R.S. 45:844.21 through 844.25,relative to an information and referral system; to provide for theauthority of the Public Service Commission, to create a planningboard to make recommendations to the commission, to providefor the requirements of the system and procedure for its

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36th DAY'S PROCEEDINGS Page 41 SENATEJune 5, 2003

planning, implementation, operation, and associated costs; andto provide for related matters.

On motion of Senator Michot, the bill was read by title andwithdrawn from the files of the Senate.

Called from the Calendar

Senator Michot asked that Senate Bill No. 965 be called fromthe Calendar at this time for its final passage.

SENATE BILL NO. 965—BY SENATOR MICHOT

AN ACTTo amend and reenact R.S. 13:5204(B) and 5209(B) and to enact On motion of Senator Thomas, the bill was read by title and

R.S. 13:5206.1, relative to small claim courts; to provide for the withdrawn from the files of the Senate.waiver of right to appeal; to provide for the transfer ofproceedings from small claims division; and to provide forrelated matters.

On motion of Senator Michot, the bill was read by title andwithdrawn from the files of the Senate.

Called from the Calendar

Senator Cravins asked that Senate Bill No. 995 be called fromthe Calendar at this time for its final passage.

SENATE BILL NO. 995—BY SENATOR CRAVINS

AN ACT relative to the use of such funds; and to provide for relatedTo amend and reenact Code of Criminal Procedure Art. 900(A)(5) matters.

relative to probation; to provide for revocation of probation; toprovide for service of suspended sentence; to limit such On motion of Senator Ellington, the bill was read by title andincarceration for certain violations; and to provide for related withdrawn from the files of the Senate.matters.

On motion of Senator Cravins, the bill was read by title andwithdrawn from the files of the Senate.

Called from the Calendar

Senator Irons asked that Senate Bill No. 1042 be called from theCalendar at this time for its final passage.

SENATE BILL NO. 1042—BY SENATOR IRONS

AN ACT service district in certain parishes and provide for the powers,To amend and reenact R.S. 17:121(A)(2), (B), and (C)(1) and to duties, functions, and responsibilities of the district; to provide

enact R.S. 17:121(A)(3), (4), and (5), relative to the Orleans for a governing board of commissioners of each district and forParish School Board; to provide for the appointment and membership of the board; to authorize the issuance of bonds;membership of appointed members of the board; and to provide and to provide for related matters.for related matters.

On motion of Senator Irons, the bill was read by title andwithdrawn from the files of the Senate.

Called from the Calendar

Senator Cravins asked that Senate Bill No. 1087 be called from Amendments proposed by Senator Dardenne to Engrossed Senatethe Calendar at this time for its final passage. Bill No. 1101 by Senator Holden

SENATE BILL NO. 1087—BY SENATOR CRAVINS

AN ACTTo enact R.S. 13:2080.1(C), relative to city courts; to provide with

respect to the operating expenses of certain marshals; and toprovide for related matters.

On motion of Senator Cravins, the bill was read by title andwithdrawn from the files of the Senate.

Called from the Calendar

Senator Thomas asked that Senate Bill No. 1105 be called fromthe Calendar at this time for its final passage.

SENATE BILL NO. 1105—BY SENATOR THOMAS

AN ACTTo enact R.S. 13:2619, relative to justice of the peace courts in

Tangipahoa Parish; to provide for limited parishwide territorialjurisdiction of the justice of the peace courts in TangipahoaParish; to provide for continued effectiveness of existingdistricts; and to provide for related matters.

Called from the Calendar

Senator Ellington asked that Senate Bill No. 1113 be called fromthe Calendar at this time for its final passage.

SENATE BILL NO. 1113—BY SENATOR ELLINGTON

AN ACTTo amend and reenact R.S. 32:412(A)(1), (2), (5), and (6) and (B)(1),

(2), and (7)(e) and to enact R.S. 30:2511(D), relative to drivers'licenses; to increase the fee for issuance and renewal of drivers'licenses; to require funds from such fee increase to be forwardedto the Louisiana Environmental Education Fund; to provide

Called from the Calendar

Senator Holden asked that Senate Bill No. 1101 be called fromthe Calendar at this time for its final passage.

SENATE BILL NO. 1101—BY SENATOR HOLDEN AND REPRESENTATIVE WESTON-BROOME

AN ACTTo enact Part IV of Chapter 10 of Title 46 of the Louisiana Revised

Statutes of 1950, to be comprised of R.S. 46:1091 through 1093,relative to hospital service districts; to create a parish hospital

Floor Amendments Sent Up

Senator Dardenne sent up floor amendments which were read.

SENATE FLOOR AMENDMENTS

AMENDMENT NO. 1On page 1, line 8, between "bonds;" and "and to" insert thefollowing: "to require voter approval prior to the imposition of anytax or issuance of any bonded indebtedness;"

AMENDMENT NO. 2On page 2, line 4, between "thousand" and "and shall" insert thefollowing: "and each parish whose boundary is contiguous to suchparish"

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Page 42 SENATE 36th DAY'S PROCEEDINGSJune 5, 2003

AMENDMENT NO. 3 On motion of Senator Lentini, the bill was read by title andOn page 2, line 7, after "parish" delete the period "." and add the withdrawn from the files of the Senate.following: "and the boundaries of the parishes that are contiguous.

AMENDMENT NO. 4On page 4, at the end of line 1, add the following: "Notwithstandingany other provision of law to the contrary, no tax or bondedindebtedness shall be imposed or incurred in favor of a parishhospital service district authorized in this Part unless the tax orbonded indebtedness is approved by a majority of the electors of eachparish in the district voting in a special election called for thatpurpose."

On motion of Senator Dardenne, the amendments were adopted.

The bill was read by title. Senator Holden moved final passageof the amended bill.

ROLL CALL

The roll was called with the following result:

YEAS

Bajoie Gautreaux Malone Floor Amendments Sent UpBarham Heitmeier MarionneauxBoissiere Hines McPhersonCain Holden MichotChaisson Hoyt MountCravins Irons RomeroDardenne Johnson SmithDupre Jones, B TheunissenEllington Jones, CD ThomasFontenot Lentini Ullo Total—30

NAYS

Dean Total—1

ABSENT

Mr. President Fields SchedlerAdley Hollis TarverBean Lambert Total—8

The Chair declared the amended bill was passed. The title wasread and adopted. Senator Holden moved to reconsider the vote bywhich the bill was passed and laid the motion on the table.

Called from the Calendar

Senator Lentini asked that Senate Bill No. 1127 be called fromthe Calendar at this time for its final passage.

SENATE BILL NO. 1127—BY SENATOR LENTINI

AN ACTTo amend and reenact R.S. 47:303.1(B) through (H), and enact R.S.

47:303.1(I) through (M), relative to direct payment numbers; todelete the requirement that the taxpayer's primary business in thestate is that of a manufacturer; to clarify the requirementspecifying that a taxpayer have an annual average of fifteenmillion dollars of taxable purchases or leases of tangiblepersonal property and taxable services; to authorize a fee forissuance of a direct payment number; to require the taxpayer toagree to use sampling in the performance of audits; to specifythe applicable use of the direct payment number; to prohibit theuse of direct payment numbers by certain taxpayers; to providefor an effective date; and to provide for related matters.

Called from the Calendar

Senator Cain asked that Senate Bill No. 181 be called from theCalendar at this time for its final passage.

SENATE BILL NO. 181—BY SENATOR CAIN

A JOINT RESOLUTIONProposing to amend Section 5(B) and (C), 6(B) and (C), 7(B) and

(C), and 7.1 (B), (C), and (E) of Article VIII, to add Section 17of Article VIII, and to repeal Section 7.1(D) of Article VIII ofthe Constitution of Louisiana, relative to the Board of Regentsand the four postsecondary education management boards; toprovide for the selection of the members of each such board; toprovide for the appointment of certain members by the governor;to provide for the election of certain members by the Senate andHouse of Representatives of the legislature; to delete provisionswith expired effect; to provide for related matters; to provide foran effective date; and to specify an election for submission ofthe proposition to electors and provide a ballot proposition.

Senator Lambert sent up floor amendments which were read.

SENATE FLOOR AMENDMENTS

Amendments proposed by Senator Lambert on behalf of theLegislative Bureau to Engrossed Senate Bill No. 181 by Senator Cain

AMENDMENT NO. 1On page 7, line 9, following "this" change "Article" to "Section"

On motion of Senator Lambert, the amendments were adopted.

Floor Amendments Sent Up

Senator Ellington sent up floor amendments which were read.

SENATE FLOOR AMENDMENTS

Amendments proposed by Senator Ellington to Engrossed Senate BillNo. 181 by Senator Cain

AMENDMENT NO. 1On page 1, line 8, change "election" to "nomination"

AMENDMENT NO. 2On page 2, line 8, after "Terms." insert "(1)"

AMENDMENT NO. 3On page 2, line 9, after "district" insert ", one appointed by thegovernor with consent of the members of the Senate and oneappointed by the governor from among two persons nominated bythe members of the Senate representing any portion of thecongressional district and two persons nominated by the membersof the House of Representatives representing any portion of thecongressional district according to the respective rules of theSenate or House of Representatives, "

AMENDMENT NO. 4On page 2, line 10, delete ". The members shall either be"

AMENDMENT NO. 5On page 2, line 11, after "Senate," delete the remainder of the lineand delete line 12 and on line 13, delete "of the Senate or House ofRepresentatives"

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36th DAY'S PROCEEDINGS Page 43 SENATEJune 5, 2003

AMENDMENT NO. 6 On page 3, line 19, after "district" insert ", one appointed by theOn page 2, line 15, after "Article." insert a paragraph and "(2)" governor with consent of the Senate and one appointed by the

AMENDMENT NO. 7 the Senate representing any portion of the congressional districtOn page 2, line 17, after "diversity." insert "Nominations andappointments shall be made from among persons who areresidents of the congressional district to be represented by themember being appointed."

AMENDMENT NO. 8On page 2, line 20 change "or by election" to "or from among twopersons nominated by"

AMENDMENT NO. 9On page 2, delete line 21, and insert "the members of the Senaterepresenting any portion of the congressional district and twopersons nominated by the members of the House ofRepresentatives representing any portion of the congressionaldistrict according to the respective rules of the Senate or House ofRepresentatives, "

AMENDMENT NO. 10On page 2, line 22, change "selecting authority" to "appointingmethod"

AMENDMENT NO. 11On page 3, line 1, after "district" insert ", one appointed by thegovernor with consent of the Senate and one appointed by thegovernor from among two persons nominated by the members ofthe Senate representing any portion of the congressional districtand two persons nominated by the members of the House ofRepresentatives representing any portion of the congressionaldistrict according to the respective rules of the Senate or House ofRepresentatives, "

AMENDMENT NO. 12On page 3, line 2, delete ". The members shall either be"

AMENDMENT NO. 13 method"On page 3, line 3, after "Senate," delete the remainder of the line anddelete line 4 and on line 5, delete "respective rules of the Senate orHouse of Representatives."

AMENDMENT NO. 14On page 3, line 7, after "Article." insert "Nominations andappointments shall be made from among persons who areresidents of the congressional district to be represented by themember being appointed."

AMENDMENT NO. 15On page 3, line 10 change "or by election" to "or from amongpersons nominated by"

AMENDMENT NO. 16On page 3, delete line 11, and insert "the members of the Senaterepresenting any portion of the congressional district and twopersons nominated by the members of the House ofRepresentatives representing any portion of the congressionaldistrict according to the respective rules of the Senate or House ofRepresentatives, "

AMENDMENT NO. 17On page 3, line 12, change "selecting authority" to "appointingmethod"

AMENDMENT NO. 18On page 3, line 18, after "Terms." insert "(1)"

AMENDMENT NO. 19

governor from among two persons nominated by the members of

and two persons nominated by the members of the House ofRepresentatives representing any portion of the congressionaldistrict according to the respective rules of the Senate or Houseof Representatives, "

AMENDMENT NO. 20On page 3, line 20, delete ". The members shall either be" and inserta comma

AMENDMENT NO. 21On page 3, line 21, after "Senate" delete the remainder of the line anddelete line 22 and on line 23, delete "respective rules of the Senateor House of Representatives."

AMENDMENT NO. 22On page 3, between lines 25 and 26, insert the following"

"(2) Nominations and appointments shall be made fromamong persons who are residents of the congressional district tobe represented by the member being appointed."

AMENDMENT NO. 23On page 4, line 2 change "or by election" to "or from amongpersons nominated by"

AMENDMENT NO. 24On page 4, delete line 3, and insert "the members of the Senaterepresenting any portion of the congressional district and twopersons nominated by the members of the House ofRepresentatives representing any portion of the congressionaldistrict according to the respective rules of the Senate or Houseof Representatives, "

AMENDMENT NO. 25On page 4, line 4, change "selecting authority" to "appointing

AMENDMENT NO. 26On page 4, line 7, after "and Terms." insert "(1)"

AMENDMENT NO. 27On page 4, at the end of line 8 delete the comma ", "

AMENDMENT NO. 28On page 4, delete lines 9, 10 and 11 and on line 12, delete "providedin Section 17 of this Article"

AMENDMENT NO. 29On page 4, line 13, after "law." delete the remainder of the line anddelete line 14 and on line 15, delete "the Senate." and insert "Allmembers selected and appointed by the governor shall be appointedwith the consent of the Senate."

AMENDMENT NO. 30On page 4, line 16, after "district" insert ", one appointed by thegovernor with consent of the Senate and one appointed by thegovernor from among two persons nominated by the members ofthe Senate representing any portion of the congressional districtand two persons nominated by the members of the House ofRepresentatives representing any portion of the congressionaldistrict according to the respective rules of the Senate or Houseof Representatives, "

AMENDMENT NO. 31On page 4, line 17, after "members" insert "appointed by thegovernor with consent of the Senate"

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Page 44 SENATE 36th DAY'S PROCEEDINGSJune 5, 2003

AMENDMENT NO. 32 The bill was read by title. Senator Cain moved final passage ofOn page 4, line 17, after "large." insert "(2)"

AMENDMENT NO. 33On page 4, between on lines 22 after "Article." insert "Nominationsand appointments shall be made from among persons who areresidents of the congressional district to be represented by themember being appointed."

AMENDMENT NO. 34On page 4, line 26 change "by election by" to "from among personsnominated by the members of the Senate representing any portionof the congressional district and two persons nominated by themembers of the House of Representatives representing anyportion of the congressional district according to the respectiverules of the Senate or House of Representatives, "

AMENDMENT NO. 35On page 5, delete line 1 and insert "whichever was the"

AMENDMENT NO. 36On page 5, line 2, change "selecting authority" to "appointingmethod" Hines Lentini Ullo

AMENDMENT NO. 37 ABSENTOn page 6, delete lines 10 through 26 and on page 7, delete lines 1through 4 and insert the following: Adley Boissiere Marionneaux

"(A) Beginning with the expiration of the terms of members of Bajoie Cravinsthe Board of Regents and the boards of supervisors of each Bean Fieldspostsecondary education system that expire on or after January 12, Total—72004, the first succeeding member from each congressional shall beappointed by the governor with from among nominations of the The Chair declared the amended bill failed to pass. Senatormembers of the Senate and House of Representatives representing Hainkel moved to reconsider the vote by which the bill failed to passany portion of the congressional district and the next succeeding and laid the motion on the table.member shall be appointed by the governor with the consent of theSenate."

AMENDMENT NO. 38On page 7, line 8, after "shall be" delete the remainder of the line andinsert "appointed as"

AMENDMENT NO. 39On page 7, line 11, after "to be" delete the remainder of the line andinsert "appointed as provided in "

AMENDMENT NO. 40On page 7, line 24, delete "fifteen"

AMENDMENT NO. 41On page 8, line 2, delete ", seven"

AMENDMENT NO. 42On page 8, delete lines 3 through 17 and insert the following: "thegovernor shall appoint one member representing each congressionaldistrict with consent of the Senate and one member from among thetwo nominees of the members of the Senate representing any portionof the congressional district and the two nominees of the members ofthe House of Representatives representing any portion of thecongressional district; to provide that each appointment from the stateat large shall be appointed by the governor with the consent of theSenate; to provide that the first appointment from each congressionaldistrict shall be made from among those nominated by members ofthe legislature; to provide that the process for the members of eachhouse to nominate persons shall be according to the rules of therespective house; to provide for filling a vacancy for the remainder ofthe unexpired term in the same manner as the appointment of theposition being vacated; and to"

On motion of Senator Ellington, the amendments were adopted.

the amended bill.

ROLL CALL

The roll was called with the following result:

YEAS

Cain Ellington McPhersonChaisson Irons MichotDupre Malone Total—8

NAYS

Mr. President Holden MountBarham Hollis RomeroDardenne Hoyt SchedlerDean Johnson SmithFontenot Jones, B TarverGautreaux Jones, CD TheunissenHeitmeier Lambert Thomas

Total—24

Called from the Calendar

Senator Dardenne asked that Senate Bill No. 213 be called fromthe Calendar at this time for its final passage.

SENATE BILL NO. 213—BY SENATOR DARDENNE

A JOINT RESOLUTIONProposing to add Article VII, Section 10.11 of the Constitution of

Louisiana, relative to state funds; to create the Louisiana CoastalRestoration Fund in the state treasury; to provide for deposit ofmonies into the fund; to provide for investment and uses ofmonies in the fund; and to specify an election for submission ofthe proposition to electors and provide a ballot proposition.

Motion

On motion of Senator Dardenne, Senate Bill No. 213 was madeSpecial Order of the Day No. 1 on Monday, June 9, 2003immediately following the Morning Hour.

Called from the Calendar

Senator Dardenne asked that Senate Bill No. 504 be called fromthe Calendar at this time for its final passage.

SENATE BILL NO. 504—BY SENATOR DARDENNE

AN ACTTo enact Part II-A of Chapter 2 of Title 49 of the Louisiana Revised

Statutes of 1950, to be comprised of R.S. 49:214.51, relative tofunds for coastal restoration; to create the Louisiana CoastalRestoration Fund; to provide for sources of funding and forauthorized uses; and to provide for related matters.

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36th DAY'S PROCEEDINGS Page 45 SENATEJune 5, 2003

Motion

On motion of Senator Dardenne, Senate Bill No. 504 was madeSpecial Order of the Day No. 2 on Monday, June 9, 2003immediately following the Morning Hour.

Mr. President in the Chair

House Concurrent Resolutionson Second Reading

Reported by Committees

The following House Concurrent Resolutions reported byCommittees were taken up and acted upon as follows:

HOUSE CONCURRENT RESOLUTION NO. 80—BY REPRESENTATIVE FAUCHEUX

A CONCURRENT RESOLUTIONTo memorialize the U.S. Coast Guard, Eighth Coast Guard District,

to coordinate with the Louisiana oil spill coordinator's officeefforts to prevent dumping of materials from vessels in statecoastal waters.

Reported favorably by the Committee on Environmental Quality.

The resolution was read by title. Senator Chaisson moved toconcur in the House Concurrent Resolution.

ROLL CALL

The roll was called with the following result: Dardenne Jones, B Tarver

YEAS Ellington Malone Thomas

Mr. President Heitmeier McPherson Total—18Bajoie Hines Michot ABSENTBarham Holden MountBoissiere Hollis Romero Adley Fields McPhersonCain Hoyt Schedler Bean FontenotChaisson Irons Smith Cravins LambertDardenne Johnson Tarver Total—7Dean Jones, B TheunissenDupre Jones, CD Thomas The Chair declared the Senate failed to concur in the amendedEllington Lambert Ullo House Concurrent Resolution.Fontenot LentiniGautreaux Malone Total—34

NAYS Total—0

ABSENT

Adley Cravins MarionneauxBean Fields Total—5

The Chair declared the Senate had concurred in the HouseConcurrent Resolution and ordered it returned to the House.

HOUSE CONCURRENT RESOLUTION NO. 4—BY REPRESENTATIVE FAUCHEUX

A CONCURRENT RESOLUTIONTo urge and request the secretary of state to study internet voting.

Reported with amendments by the Committee on Senate andGovernmental Affairs.

SENATE COMMITTEE AMENDMENTS

Amendments proposed by Senate Committee on Senate andGovernmental Affairs to Engrossed House Concurrent ResolutionNo. 4 by Representative Faucheux

AMENDMENT NO. 1On page 2, line 6, change “legislature” to “Senate Committee onSenate and Governmental Affairs and the House Committee onHouse and Governmental Affairs”

On motion of Senator Ullo, the committee amendment wasadopted.

The resolution was read by title. Senator Chaisson moved toconcur in the amended House Concurrent Resolution.

ROLL CALL

The roll was called with the following result:

YEAS

Bajoie Gautreaux Jones, CDBoissiere Hines MarionneauxCain Holden MichotChaisson Irons RomeroDean Johnson Total—14

NAYS

Mr. President Hollis SchedlerBarham Hoyt Smith

Dupre Lentini Theunissen

Heitmeier Mount Ullo

HOUSE CONCURRENT RESOLUTION NO. 18—BY REPRESENTATIVE PINAC

A CONCURRENT RESOLUTIONTo authorize and request the Louisiana State Law Institute to review

the following statutory provisions and in all locations it deemsappropriate change current references to the Federal Savings andLoan Insurance Corporation to the Federal Deposit InsuranceCorporation.

Reported favorably by the Committee on Senate andGovernmental Affairs.

The resolution was read by title. Senator Hoyt moved to concurin the House Concurrent Resolution.

ROLL CALL

The roll was called with the following result:

YEAS

Mr. President Gautreaux MaloneBajoie Heitmeier MarionneauxBarham Hines McPhersonBoissiere Holden Michot

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Page 46 SENATE 36th DAY'S PROCEEDINGSJune 5, 2003

Cain Hollis MountChaisson Hoyt RomeroCravins Irons SchedlerDardenne Johnson SmithDean Jones, B TarverDupre Jones, CD TheunissenEllington Lambert UlloFontenot Lentini Total—35

NAYS Total—0

ABSENT

Adley FieldsBean Thomas Total—4

The Chair declared the Senate had concurred in the HouseConcurrent Resolution and ordered it returned to the House.

HOUSE CONCURRENT RESOLUTION NO. 25—BY REPRESENTATIVE PINAC

A CONCURRENT RESOLUTIONTo authorize and request the Louisiana State Law Institute to review

the following statutory provisions and in all locations it deemsappropriate change current references to the Federal Home LoanBank Board to the Office of Thrift Supervision.

Reported favorably by the Committee on Senate andGovernmental Affairs.

The resolution was read by title. Senator Hoyt moved to concurin the House Concurrent Resolution.

ROLL CALL

The roll was called with the following result:

YEAS

Mr. President Gautreaux MaloneBajoie Heitmeier MarionneauxBarham Hines McPhersonBoissiere Holden MichotCain Hollis MountChaisson Hoyt RomeroCravins Irons SchedlerDardenne Johnson SmithDean Jones, B TarverDupre Jones, CD TheunissenEllington Lambert UlloFontenot Lentini Total—35

NAYS Total—0

ABSENT

Adley FieldsBean Thomas Total—4

The Chair declared the Senate had concurred in the HouseConcurrent Resolution and ordered it returned to the House.

HOUSE CONCURRENT RESOLUTION NO. 74—BY REPRESENTATIVES WINSTON, R. CARTER, DOERGE, DURAND,GUILLORY, ILES, L. JACKSON, M. JACKSON, PERKINS, SCHWEGMANN,SHAW, STRAIN, AND WALKER

A CONCURRENT RESOLUTIONTo direct the office of community services within the Department of

Social Services to create a Foster Care and AdoptionManagement report which shall delineate and compare certainfoster care and adoption information.

Reported favorably by the Committee on Health and Welfare.

The resolution was read by title. Senator Bajoie moved toconcur in the House Concurrent Resolution.

ROLL CALL

The roll was called with the following result:

YEAS

Bajoie Holden McPhersonBarham Hollis RomeroCain Hoyt SchedlerChaisson Irons SmithCravins Johnson TarverDupre Jones, B ThomasGautreaux Jones, CDHines Marionneaux Total—22

NAYS

Mr. President Heitmeier MountDean Lentini TheunissenEllington Malone UlloFontenot Michot Total—11

ABSENT

Adley Boissiere FieldsBean Dardenne Lambert Total—6

The Chair declared the Senate had concurred in the HouseConcurrent Resolution and ordered it returned to the House.

HOUSE CONCURRENT RESOLUTION NO. 105—BY REPRESENTATIVE DURAND

A CONCURRENT RESOLUTIONTo memorialize the United States Congress to urge and request its

appropriate standing committees or subcommittees to study theimpact that the United States Food and Drug Administration'spolicies, rules, and regulations may have on pharmaceuticalcompanies and the development of new pharmaceuticals,including delays in developing and introducing newpharmaceuticals to the market, the cost of retesting drugs, thelength of patent times, less drug choices for consumers, and therising cost of pharmaceuticals.

Reported favorably by the Committee on Health and Welfare.

The resolution was read by title. Senator Hines moved to concurin the House Concurrent Resolution.

ROLL CALL

The roll was called with the following result:

YEAS

Mr. President Heitmeier McPherson

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36th DAY'S PROCEEDINGS Page 47 SENATEJune 5, 2003

Bajoie Hines MichotBarham Holden MountBoissiere Hollis RomeroCain Hoyt SchedlerChaisson Johnson SmithCravins Jones, B TarverDean Jones, CD TheunissenDupre Lambert ThomasEllington Lentini UlloFontenot MaloneGautreaux Marionneaux Total—34

NAYS Total—0

ABSENT

Adley Dardenne IronsBean Fields Total—5

The Chair declared the Senate had concurred in the HouseConcurrent Resolution and ordered it returned to the House.

HOUSE CONCURRENT RESOLUTION NO. 107—BY REPRESENTATIVE ILES

A CONCURRENT RESOLUTION ROLL CALLTo urge and request the Department of Social Services to include

information about the benefits of breastfeeding and lactationmanagement in their training programs for day care staff.

Reported favorably by the Committee on Health and Welfare.

The resolution was read by title. Senator Mount moved toconcur in the House Concurrent Resolution.

ROLL CALL

The roll was called with the following result:

YEAS

Mr. President Gautreaux MaloneBajoie Heitmeier MarionneauxBarham Hines McPhersonBoissiere Holden MichotCain Hollis MountChaisson Hoyt RomeroCravins Irons SchedlerDardenne Johnson SmithDean Jones, B TarverDupre Jones, CD TheunissenEllington Lambert ThomasFontenot Lentini Ullo Total—36

NAYS Total—0 Senator Lambert in the Chair

ABSENT

Adley Bean Fields Total—3

The Chair declared the Senate had concurred in the HouseConcurrent Resolution and ordered it returned to the House.

HOUSE CONCURRENT RESOLUTION NO. 120—BY REPRESENTATIVE BOWLER

A CONCURRENT RESOLUTIONTo urge and request the state legislatures in the United States to

oppose legislation to participate in Interstate Insurance ProductRegulation Compact.

Reported favorably by the Committee on Insurance.

On motion of Senator C. Jones, the resolution was read by titleand returned to the Calendar, subject to call.

HOUSE CONCURRENT RESOLUTION NO. 51—BY REPRESENTATIVE SHAW

A CONCURRENT RESOLUTIONTo urge and request the Department of Transportation and

Development to expend ten million dollars from thedepartment's discretionary fund account for the completion ofthe Interstate 49 North corridor.

Reported favorably by the Committee on Transportation,Highways, and Public Works.

The resolution was read by title. Senator Malone moved toconcur in the House Concurrent Resolution.

The roll was called with the following result:

YEAS

Cain Holden McPhersonChaisson Hollis MountDupre Hoyt SchedlerFields Johnson SmithFontenot Jones, CD TarverGautreaux Lambert ThomasHeitmeier LentiniHines Malone Total—22

NAYS

Mr. President Ellington MichotBarham Irons RomeroDardenne Jones, B TheunissenDean Marionneaux Ullo Total—12

ABSENT

Adley Bean CravinsBajoie Boissiere Total—5

The Chair declared the Senate had concurred in the HouseConcurrent Resolution and ordered it returned to the House.

HOUSE CONCURRENT RESOLUTION NO. 164—BY REPRESENTATIVE BALDONE

A CONCURRENT RESOLUTIONTo request the State Board of Elementary and Secondary Education

to study the issue of parental involvement in education andmethods to increase parental involvement.

Reported with amendments by the Committee on Education.

SENATE COMMITTEE AMENDMENTS

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Page 48 SENATE 36th DAY'S PROCEEDINGSJune 5, 2003

Amendments proposed by Senate Committee on Education to Chaisson Hoyt SchedlerOriginal House Concurrent Resolution No. 164 by Representative Dardenne Johnson SmithBaldone Dean Jones, B Tarver

AMENDMENT NO. 1 Ellington Lambert ThomasOn page 1, line 2, before "request" insert "urge and" Fields Lentini Ullo

AMENDMENT NO. 2 Gautreaux MarionneauxOn page 2, line 5, change "does hereby request" to "urges and Total—34requests" NAYS

On motion of Senator Theunissen, the committee amendment Total—0was adopted. ABSENT

The resolution was read by title. Senator Theunissen moved to Mr. President Bean Ironsconcur in the amended House Concurrent Resolution. Adley Cravins

ROLL CALL

The roll was called with the following result:

YEAS

Bajoie Heitmeier MarionneauxBarham Hines McPhersonBoissiere Holden MichotCain Hollis MountChaisson Hoyt RomeroDardenne Irons SchedlerDean Johnson SmithDupre Jones, B TarverEllington Jones, CD TheunissenFields Lambert ThomasFontenot Lentini UlloGautreaux Malone Total—35

NAYS Total—0

ABSENT

Mr. President BeanAdley Cravins Total—4

The Chair declared the Senate had concurred in the amendedHouse Concurrent Resolution and ordered it returned to the House.

HOUSE CONCURRENT RESOLUTION NO. 167—BY REPRESENTATIVE STRAIN

A CONCURRENT RESOLUTION Fontenot LentiniTo urge and request the Department of Transportation and Total—35

Development to improve the riding surface of Louisiana NAYSHighway 1062 in front of Loranger High School.

Reported favorably by the Committee on Transportation, Total—1Highways, and Public Works. ABSENT

The resolution was read by title. Senator Thomas moved to Mr. President Adley Beanconcur in the House Concurrent Resolution. Total—3

ROLL CALL

The roll was called with the following result:

YEAS

Bajoie Heitmeier McPhersonBarham Hines MichotBoissiere Holden MountCain Hollis Romero

Dupre Jones, CD Theunissen

Fontenot Malone

Total—5

The Chair declared the Senate had concurred in the HouseConcurrent Resolution and ordered it returned to the House.

HOUSE CONCURRENT RESOLUTION NO. 54—BY REPRESENTATIVE JOHNS

A CONCURRENT RESOLUTIONUrges and requests the Judicial Council of the Supreme Court of

Louisiana to study the implementation of parent coordinators tomanage high-conflict custody cases in the district courts.

Reported favorably by the Committee on Judiciary A.

The resolution was read by title. Senator Mount moved toconcur in the House Concurrent Resolution.

ROLL CALL

The roll was called with the following result:

YEAS

Bajoie Gautreaux MaloneBarham Heitmeier McPhersonBoissiere Hines MichotCain Holden MountChaisson Hollis RomeroCravins Hoyt SchedlerDardenne Irons SmithDean Johnson TarverDupre Jones, B TheunissenEllington Jones, CD ThomasFields Lambert Ullo

Marionneaux

The Chair declared the Senate had concurred in the HouseConcurrent Resolution and ordered it returned to the House.

HOUSE CONCURRENT RESOLUTION NO. 102—BY REPRESENTATIVE MORRELL

A CONCURRENT RESOLUTIONTo urge and request the Supreme Court of Louisiana to authorize a

non-citizen of the United States who has attended and graduatedfrom an accredited law school in the state of Louisiana to beeligible to take the Louisiana bar exam.

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36th DAY'S PROCEEDINGS Page 49 SENATEJune 5, 2003

Reported favorably by the Committee on Judiciary A. Adley Dean

On motion of Senator Lambert, the resolution was read by titleand returned to the Calendar, subject to call. The Chair declared the Senate had concurred in the House

HOUSE CONCURRENT RESOLUTION NO. 104—BY REPRESENTATIVE TOWNSEND

A CONCURRENT RESOLUTIONTo urge and request the Persons Committee of the Louisiana State A CONCURRENT RESOLUTION

Law Institute to study the advisability of legal distinctions To urge and request the Louisiana State Law Institute,among judgments in provisional proceedings incidental to a Marriage/Persons Committee to study Louisiana's visitationdivorce action. statutes and make specific recommendations on or before

Reported favorably by the Committee on Judiciary A.

On motion of Senator Lambert, the resolution was read by titleand returned to the Calendar, subject to call. The resolution was read by title. Senator Fields moved to

HOUSE CONCURRENT RESOLUTION NO. 112—BY REPRESENTATIVE PERKINS

A CONCURRENT RESOLUTIONTo direct the House Committee on Civil Law and Procedure and the

Senate Committee on Judiciary A to conduct hearings incooperation with the Governor's Commission on Marriage andFamilies regarding the empirical study of covenant marriagelegislation.

Reported favorably by the Committee on Judiciary A.

On motion of Senator Lambert, the resolution was read by titleand returned to the Calendar, subject to call.

HOUSE CONCURRENT RESOLUTION NO. 178—BY REPRESENTATIVE JOHN SMITH

A CONCURRENT RESOLUTIONTo memorialize the Congress of the United States to review and

consider eliminating provisions of law supplanting socialsecurity benefits for those receiving benefits from federal, state,or local government retirement systems.

Reported favorably by the Committee on Revenue and FiscalAffairs.

The resolution was read by title. Senator Cain moved to concurin the House Concurrent Resolution.

ROLL CALL

The roll was called with the following result:

YEAS

Bajoie Heitmeier MarionneauxBarham Hines McPherson A CONCURRENT RESOLUTIONBoissiere Holden Michot To create the Task Force on Legal Representation in Child ProtectionCain Hollis Mount Cases to study systemic issues and concerns related to theChaisson Hoyt Romero provision of legal representation for abused and neglectedCravins Irons Schedler children and their parents in child protection cases and to makeDardenne Johnson Tarver recommendations on how these services may be more effectivelyDupre Jones, B Theunissen and efficiently provided and funded.Ellington Jones, CD ThomasFields Lambert Ullo Reported favorably by the Committee on Judiciary A.Fontenot LentiniGautreaux Malone The resolution was read by title. Senator Bajoie moved to Total—34 concur in the House Concurrent Resolution.

NAYS Total—0

ABSENT

Mr. President Bean Smith

Total—5

Concurrent Resolution and ordered it returned to the House.

HOUSE CONCURRENT RESOLUTION NO. 38—BY REPRESENTATIVE BOWLER

January 15, 2004, for revisions to state laws.

Reported favorably by the Committee on Judiciary A.

concur in the House Concurrent Resolution.

ROLL CALL

The roll was called with the following result:

YEAS

Adley Gautreaux MaloneBajoie Heitmeier McPhersonBarham Hines MichotBoissiere Holden MountCain Hollis RomeroChaisson Hoyt SchedlerCravins Irons TarverDardenne Johnson TheunissenDupre Jones, B ThomasEllington Jones, CD UlloFields LambertFontenot Lentini Total—34

NAYS Total—0

ABSENT

Mr. President Dean SmithBean Marionneaux Total—5

The Chair declared the Senate had concurred in the HouseConcurrent Resolution and ordered it returned to the House.

HOUSE CONCURRENT RESOLUTION NO. 44—BY REPRESENTATIVES WINSTON, DURAND, KATZ, SCHWEGMANN,WALKER, AND WELCH

ROLL CALL

The roll was called with the following result:

YEAS

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Page 50 SENATE 36th DAY'S PROCEEDINGSJune 5, 2003

Adley Fontenot Lentini ABSENTBajoie Gautreaux MaloneBarham Heitmeier McPherson Mr. President Cravins Jones, CDBoissiere Hines Michot Bean Fields TheunissenCain Holden Mount Total—6Chaisson Hoyt RomeroCravins Irons Schedler The Chair declared the Senate had concurred in the HouseDardenne Johnson Tarver Concurrent Resolution and ordered it returned to the House.Dupre Jones, B TheunissenEllington Jones, CD ThomasFields Lambert Ullo Total—33

NAYS Total—0

ABSENT

Mr. President Dean MarionneauxBean Hollis Smith Total—6

The Chair declared the Senate had concurred in the HouseConcurrent Resolution and ordered it returned to the House.

HOUSE CONCURRENT RESOLUTION NO. 168—BY REPRESENTATIVE JACK SMITH

A CONCURRENT RESOLUTIONTo request the Judicial Council of the Supreme Court of Louisiana to

study the feasibility of the introduction into evidence oftranscripts stored or transferred by electronic means.

Reported favorably by the Committee on Judiciary A.

On motion of Senator Lambert, the resolution was read by titleand returned to the Calendar, subject to call.

HOUSE CONCURRENT RESOLUTION NO. 173—BY REPRESENTATIVE ODINET

A CONCURRENT RESOLUTIONTo request the commissioner of agriculture and forestry to examine

agricultural commodities imported into Louisiana from the stateof California to confirm their compliance with public health andsafety standards.

Reported favorably by the Committee on Agriculture, Forestry,Aquaculture and Rural Development.

The resolution was read by title. Senator Johnson moved toconcur in the House Concurrent Resolution.

ROLL CALL

The roll was called with the following result:

YEAS

Adley Gautreaux MaloneBajoie Heitmeier Marionneaux A CONCURRENT RESOLUTIONBarham Hines McPherson To memorialize the United States Congress to amend the provisionsBoissiere Holden Michot of Section 418(d)(6)(C) of Title 42 of the United States Code toCain Hollis Mount allow every state the right to divide retirement systemsChaisson Hoyt Romero established by the state or its political subdivisions into twoDardenne Irons Schedler parts, the first part being composed of members who desire toDean Johnson Smith participate jointly in both the state, statewide, or local retirementDupre Jones, B Tarver system and the federal social security system and the second partEllington Lambert Thomas of any such divided retirement system to be composed ofFontenot Lentini Ullo members who desire to participate solely in the state, statewide, Total—33 or local retirement system but not in the federal social security

NAYS system. Total—0 Reported with amendments by the Committee on Retirement.

HOUSE CONCURRENT RESOLUTION NO. 175—BY REPRESENTATIVE BAUDOIN

A CONCURRENT RESOLUTIONTo urge and request the Department of Environmental Quality and

the Department of Health and Hospitals to investigate the sourceof elevated dioxin levels in residents of Lafayette Parish and toreport their findings to the House Committee on theEnvironment and the Senate Committee on EnvironmentalQuality prior to the 2004 Regular Session.

Reported favorably by the Committee on Environmental Quality.

The resolution was read by title. Senator Hoyt moved to concurin the House Concurrent Resolution.

ROLL CALL

The roll was called with the following result:

YEAS

Adley Heitmeier McPhersonBajoie Hines MichotBarham Holden MountCain Hollis RomeroChaisson Irons SchedlerDardenne Johnson SmithDean Jones, B TarverDupre Jones, CD TheunissenEllington Lambert ThomasFields Lentini UlloFontenot MaloneGautreaux Marionneaux Total—34

NAYS Total—0

ABSENT

Mr. President Boissiere HoytBean Cravins Total—5

The Chair declared the Senate had concurred in the HouseConcurrent Resolution and ordered it returned to the House.

HOUSE CONCURRENT RESOLUTION NO. 182—BY REPRESENTATIVE WINSTON

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36th DAY'S PROCEEDINGS Page 51 SENATEJune 5, 2003

SENATE COMMITTEE AMENDMENTS HOUSE CONCURRENT RESOLUTION NO. 191—

Amendments proposed by Senate Committee on Retirement toOriginal House Concurrent Resolution No. 182 by RepresentativeWinston

AMENDMENT NO. 1On page 1, line 3, change "every state" to "the state of Louisiana"

AMENDMENT NO. 2On page 2, line 13, at the end of the line, delete "and" and on line 14delete "twenty-eight other states"

AMENDMENT NO. 3

On page 2, between lines 16 and 17 insert the following: "WHEREAS, the United States Congress is currently

considering United States House Resolution No. 743 which would ROLL CALLadd the state of Kentucky to the states allowed to have a dividedretirement system."

AMENDMENT NO. 4On page 2, line 19, change "every state" to "the state of Louisiana"

AMENDMENT NO. 5On page 2, between lines 26 and 27, insert the following:

"BE IT FURTHER RESOLVED the members of the LouisianaCongressional delegation are hereby urged and requested to takeaction to include the state of Louisiana to the states permitted to havea divided retirement system, either by amending H.R. 743 or otherfederal legislation."

On motion of Senator Boissiere, the committee amendment wasadopted.

The resolution was read by title. Senator Schedler moved toconcur in the amended House Concurrent Resolution.

ROLL CALL

The roll was called with the following result:

YEAS

Adley Fontenot LentiniBajoie Gautreaux MaloneBarham Heitmeier McPhersonBoissiere Hines MichotCain Holden MountChaisson Hollis RomeroCravins Hoyt SchedlerDardenne Irons SmithDean Johnson TarverDupre Jones, B TheunissenEllington Jones, CD ThomasFields Lambert Ullo Total—36

NAYS Total—0

ABSENT

Mr. President Bean Marionneaux Total—3

The Chair declared the Senate had concurred in the amendedHouse Concurrent Resolution and ordered it returned to the House.

BY REPRESENTATIVE THOMPSONA CONCURRENT RESOLUTION

To memorialize the United States Congress to support legislation toincrease the funds available through the USDA/CSREES tosupport the land-grant university system of education, research,and outreach and to express legislative support for, andmemorialize congress to support, implementation ofrecommendations of the 2003 Louisiana Agricultural CrisisSummit.

Reported favorably by the Committee on Agriculture, Forestry,Aquaculture and Rural Development.

The resolution was read by title. Senator Ellington moved toconcur in the House Concurrent Resolution.

The roll was called with the following result:

YEAS

Adley Heitmeier MarionneauxBajoie Hines McPhersonBarham Holden MichotBoissiere Hollis MountCain Hoyt RomeroChaisson Irons SmithCravins Johnson TarverDardenne Jones, B TheunissenDupre Jones, CD ThomasEllington Lambert UlloFields LentiniGautreaux Malone Total—34

NAYS

Dean Total—1

ABSENT

Mr. President FontenotBean Schedler Total—4

The Chair declared the Senate had concurred in the HouseConcurrent Resolution and ordered it returned to the House.

HOUSE CONCURRENT RESOLUTION NO. 66—BY REPRESENTATIVE SALTER

A CONCURRENT RESOLUTIONTo prohibit the Office of Elderly Affairs from making certain

planning and service area changes and federal fundingdistribution changes relative to the Older Americans Act.

Reported favorably by the Committee on Health and Welfare.

The resolution was read by title. Senator Smith moved to concurin the House Concurrent Resolution.

ROLL CALL

The roll was called with the following result:

YEAS

Adley Gautreaux MaloneBajoie Heitmeier MarionneauxBarham Hines McPhersonBoissiere Holden Michot

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Page 52 SENATE 36th DAY'S PROCEEDINGSJune 5, 2003

Cain Hollis MountChaisson Hoyt Romero The Chair declared the Senate had concurred in the HouseDardenne Johnson Smith Concurrent Resolution and ordered it returned to the House.Dean Jones, B TarverEllington Jones, CD TheunissenFields Lambert ThomasFontenot Lentini Ullo Total—33

NAYS Total—0

ABSENT

Mr. President Cravins IronsBean Dupre Schedler Total—6

The Chair declared the Senate had concurred in the HouseConcurrent Resolution and ordered it returned to the House.

HOUSE CONCURRENT RESOLUTION NO. 68—BY REPRESENTATIVE KATZ

A CONCURRENT RESOLUTIONTo memorialize congress to vote to ban partial birth abortions.

Reported favorably by the Committee on Health and Welfare.

On motion of Senator Lambert, the resolution was read by titleand returned to the Calendar, subject to call.

HOUSE CONCURRENT RESOLUTION NO. 94—BY REPRESENTATIVES THOMPSON AND HAMMETT

A CONCURRENT RESOLUTIONTo urge and request the Department of Economic Development to

develop a plan for a more aggressive promotional partnershipbetween the Department of Economic Development andEnterprise Corporation of the Delta.

Reported favorably by the Committee on Commerce, ConsumerProtection and International Affairs.

The resolution was read by title. Senator Smith moved to concurin the House Concurrent Resolution.

ROLL CALL

The roll was called with the following result:

YEAS

Adley Gautreaux Marionneaux To urge and request the Department of Economic Development toBajoie Heitmeier McPherson amend its rules to provide for promotion of Department of LaborBarham Hines Michot training programs.Boissiere Holden MountCain Hollis Romero Reported favorably by the Committee on Commerce, ConsumerChaisson Hoyt Schedler Protection and International Affairs.Cravins Irons SmithDardenne Johnson Tarver The resolution was read by title. Senator Thomas moved toDean Jones, B Theunissen concur in the House Concurrent Resolution.Dupre Jones, CD ThomasEllington Lambert UlloFields LentiniFontenot Malone Total—37

NAYS Total—0

ABSENT

Mr. President Bean Total—2

HOUSE CONCURRENT RESOLUTION NO. 98—BY REPRESENTATIVE NEVERS AND SENATOR ELLINGTON

A CONCURRENT RESOLUTIONTo urge and request the Department of Economic Development to

conduct a rural economic development summit.

Reported favorably by the Committee on Commerce, ConsumerProtection and International Affairs.

The resolution was read by title. Senator Thomas moved toconcur in the House Concurrent Resolution.

ROLL CALL

The roll was called with the following result:

YEAS

Adley Heitmeier MaloneBajoie Hines MarionneauxBarham Holden McPhersonCain Hollis MichotChaisson Hoyt MountCravins Irons RomeroDardenne Johnson SmithEllington Jones, B TarverFields Jones, CD TheunissenFontenot Lambert ThomasGautreaux Lentini Ullo Total—33

NAYS

Dean Total—1

ABSENT

Mr. President Boissiere SchedlerBean Dupre Total—5

The Chair declared the Senate had concurred in the HouseConcurrent Resolution and ordered it returned to the House.

HOUSE CONCURRENT RESOLUTION NO. 99—BY REPRESENTATIVE NEVERS AND SENATOR ELLINGTON

A CONCURRENT RESOLUTION

ROLL CALL

The roll was called with the following result:

YEAS

Adley Fontenot LentiniBajoie Gautreaux MaloneBarham Heitmeier McPhersonBoissiere Hines MichotCain Holden Mount

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36th DAY'S PROCEEDINGS Page 53 SENATEJune 5, 2003

Chaisson Hollis RomeroCravins Hoyt SchedlerDardenne Irons SmithDean Johnson TarverDupre Jones, B TheunissenEllington Jones, CD ThomasFields Lambert Ullo Total—36

NAYS Total—0

ABSENT

Mr. President Bean Marionneaux Total—3

The Chair declared the Senate had concurred in the HouseConcurrent Resolution and ordered it returned to the House.

HOUSE CONCURRENT RESOLUTION NO. 100—BY REPRESENTATIVE NEVERS

A CONCURRENT RESOLUTIONTo urge and request the Department of Economic Development to

develop incentives for businesses in rural areas and preparelegislation for the 2004 Regular Session.

Reported favorably by the Committee on Commerce, ConsumerProtection and International Affairs.

The resolution was read by title. Senator Thomas moved toconcur in the House Concurrent Resolution.

ROLL CALL

The roll was called with the following result:

YEAS

Adley Gautreaux MarionneauxBajoie Heitmeier McPhersonBarham Hines MichotBoissiere Holden MountCain Hollis RomeroChaisson Hoyt SchedlerCravins Irons SmithDardenne Johnson TarverDean Jones, B TheunissenDupre Jones, CD ThomasEllington Lambert UlloFields LentiniFontenot Malone Total—37

NAYS Total—0

ABSENT

Mr. President Bean Total—2

The Chair declared the Senate had concurred in the HouseConcurrent Resolution and ordered it returned to the House.

HOUSE CONCURRENT RESOLUTION NO. 106—BY REPRESENTATIVE JACK SMITH

A CONCURRENT RESOLUTIONTo memorialize the United States Congress to pass legislation for

prescription drug relief from the high cost of drugs for thoseover the age of sixty-five that are on Medicaid.

Reported favorably by the Committee on Health and Welfare.

Floor Amendments Sent Up

Senator Hines sent up floor amendments which were read.

SENATE FLOOR AMENDMENTS

Amendments proposed by Senator Hines to Original HouseConcurrent Resolution No. 106 by Representative Jack Smith

AMENDMENT NO. 1On page 1, line 4, change "Medicaid" to "Medicare"

AMENDMENT NO. 2On page 1, line 5, change "Medicaid" to "Medicare"

AMENDMENT NO. 3On page 1, line 10, change "Medicaid" to "Medicare"

AMENDMENT NO. 4On page 1, line 15, change "Medicaid" to "Medicare"

On motion of Senator Hines, the amendments were adopted.

The resolution was read by title. Senator Hines moved to concurin the amended House Concurrent Resolution.

ROLL CALL

The roll was called with the following result:

YEAS

Adley Heitmeier MarionneauxBajoie Hines McPhersonBarham Holden MichotBoissiere Hollis MountChaisson Hoyt RomeroCravins Irons SchedlerDardenne Johnson SmithDean Jones, B TarverDupre Jones, CD TheunissenFields Lambert ThomasFontenot Lentini UlloGautreaux Malone Total—35

NAYS Total—0

ABSENT

Mr. President CainBean Ellington Total—4

The Chair declared the Senate had concurred in the amendedHouse Concurrent Resolution and ordered it returned to the House.

HOUSE CONCURRENT RESOLUTION NO. 163—BY REPRESENTATIVE ALARIO

A CONCURRENT RESOLUTIONTo name the area surrounding the Superdome and the New Orleans

Arena the Governor John J. McKeithen Sports andEntertainment Complex.

Reported favorably by the Committee on Senate andGovernmental Affairs.

The resolution was read by title. Senator Ellington moved toconcur in the House Concurrent Resolution.

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Page 54 SENATE 36th DAY'S PROCEEDINGSJune 5, 2003

ROLL CALL

The roll was called with the following result:

YEAS

Adley Gautreaux MaloneBarham Heitmeier MarionneauxBoissiere Hines McPhersonCain Holden MichotChaisson Hollis MountCravins Hoyt SmithDardenne Irons TarverDean Johnson TheunissenDupre Jones, B Thomas Senator Schedler asked for and obtained a suspension of theEllington Jones, CD Ullo rules for the purpose of taking up at this time.Fields LambertFontenot Lentini Total—34

NAYS Total—0

ABSENT

Mr. President Bean SchedlerBajoie Romero Total—5

The Chair declared the Senate had concurred in the HouseConcurrent Resolution and ordered it returned to the House.

HOUSE CONCURRENT RESOLUTION NO. 187—BY REPRESENTATIVE BROOME

A CONCURRENT RESOLUTIONTo urge and request the Federal Communications Commission to

suspend the effective date of wireless number portability rulesuntil the completion of implementation of and compliance withcertain capabilities and mandates and to memorialize theCongress of the United States of America to enact legislationpreventing the Federal Communications Commission fromreimposing wireless number portability rules until such time asit finds that implementation of the capabilities necessary foremergency communications and homeland security andcompliance with the FCC's enhanced 911 mandates arecomplete.

Reported favorably by the Committee on Commerce, ConsumerProtection and International Affairs.

The resolution was read by title. Senator Holden moved toconcur in the House Concurrent Resolution.

ROLL CALL Cain Holden Mount

The roll was called with the following result:

YEAS

Adley Fontenot MarionneauxBajoie Gautreaux McPhersonBarham Heitmeier MichotBoissiere Hines MountCain Holden RomeroChaisson Hoyt SchedlerCravins Irons SmithDardenne Johnson TarverDean Jones, B TheunissenDupre Jones, CD UlloEllington LentiniFields Malone Total—34

NAYS Total—0

ABSENT

Mr. President Hollis ThomasBean Lambert Total—5

The Chair declared the Senate had concurred in the HouseConcurrent Resolution and ordered it returned to the House.

Rules Suspended

Senate Bills and Joint Resolutions onThird Reading and Final Passage,

Subject to Call

The following Senate Bills and Joint Resolutions on thirdreading and final passage, subject to call, were taken up and actedupon as follows:

Called from the Calendar

Senator Schedler asked that Senate Bill No. 307 be called fromthe Calendar at this time for its final passage.

SENATE BILL NO. 307—BY SENATOR SCHEDLER

AN ACTTo amend and reenact R.S. 40:1235(A)(2)(b) and 1235.2(A), relative

to qualifications to operate ambulances and ambulance providersand licensure; to provide an exception regarding heliports; andto provide for related matters.

The bill was read by title. Senator Schedler moved the finalpassage of the bill.

ROLL CALL

The roll was called with the following result:

YEAS

Adley Fontenot MaloneBajoie Gautreaux MarionneauxBarham Heitmeier McPhersonBoissiere Hines Michot

Chaisson Hollis RomeroCravins Hoyt SchedlerDardenne Irons SmithDean Jones, B TarverDupre Jones, CD TheunissenEllington Lambert ThomasFields Lentini Ullo Total—36

NAYS Total—0

ABSENT

Mr. President Bean Johnson Total—3

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36th DAY'S PROCEEDINGS Page 55 SENATEJune 5, 2003

The Chair declared the bill was passed. The title was read and from the Heirs of H. N. Saal by act of sale recorded in COB 83, Pageadopted. Senator Schedler moved to reconsider the vote by which the 302, of the Conveyance Records of Tangipahoa Parish.bill was passed and laid the motion on the table. and

Called from the Calendar

Senator Thomas asked that Senate Bill No. 942 be called fromthe Calendar at this time for its final passage.

SENATE BILL NO. 942—BY SENATOR THOMAS

AN ACTTo authorize the secretary for the Department of Health and Hospitals

and the commissioner of administration, for and on behalf of thestate, to enter into an agreement with respect to the exchange ofcertain properties in Washington Parish; and to provide forrelated matters.

Floor Amendments Sent Up

Senator Lambert sent up floor amendments which were read.

SENATE FLOOR AMENDMENTS

Amendments proposed by Senator Lambert on behalf of theLegislative Bureau to Engrossed Senate Bill No. 942 by SenatorThomas

AMENDMENT NO. 1On page 1, line 14, following "is to" insert "be"

On motion of Senator Lambert, the amendments were adopted.

Floor Amendments Sent Up

Senator Thomas sent up floor amendments which were read.

SENATE FLOOR AMENDMENTS

Amendments proposed by Senator Thomas to Engrossed Senate BillNo. 942 by Senator Thomas

AMENDMENT NO. 1On page 1, line 5, after "Parish;" insert the following: "to authorizethe Secretary of the Department of Social Services and thecommissioner of administration to enter into a cooperative agreementwith the parish governing authority of Tangipahoa Parish for thepurpose of utilization of certain real property for the operation of a911 system;"

AMENDMENT NO. 2On page 3, between lines 18 and 19, insert the following:"Section 3 is all proposed new law.

Section 3. The Secretary of the Department of Social Servicesand the commissioner of administration are hereby authorized to enterinto a cooperative agreement with the governing authority of theparish of Tangipahoa Parish for the lease of certain property ownedby the state and located in the parish of Tangipahoa together with allbuildings and improvements thereon for the purpose of the operationof a 911 system. The cooperative agreement shall be entered intoupon such terms and conditions as the parties shall agree. Theproperty is located in the city of Amite, Tangipahoa Parish, State ofLouisiana, more particularly described as follows, to-wit:

A certain piece and parcel of ground in the Town of Amite,Parish of Tangipahoa, State of Louisiana, fronting one hundred (100)feet on Oak Street and running back between parallel lines onehundred fifty (150) feet on Bay Street and being the East one-half oflots 12, 13, and 16 of Square 26, according to the plat made by J. H.Alford and being a portion of the same property acquired by Vendor

That certain parcel of ground described as fronting 50 feet on thenorth line of Oak Street, by a depth of 150 feet between parallel lines,more fully described as beginning at a point on the North line of OakStreet, 250 feet East of the Southwest corner of Square 26, Town ofAmite, Parish of Tangipahoa, State of Louisiana, which point is alsothe Southeast corner of the legacy to Mrs. Dorothy Thompson; thenNorth 150 feet; thence East 50 feet; thence South 150 feet; thenceWest 50 feet to point of beginning; said Lot bounded North bySchilling, South by Oak Street, East by Tangipahoa Parish WelfareDepartment and West by Mrs. Dorothy Thompson.Section 4 is all proposed new law.

Section 4. The commissioner of administration for and onbehalf of the state is authorized to execute such documents as arenecessary to properly effectuate such lease as described in Section 3of this Act.Section 5 is all proposed new law.

Section 5. The provisions of this Act of the legislature areseverable. If any provision or item of this Act, or any applicationthereof, is held invalid, such invalidity shall not affect otherprovisions, items, or applications of this Act."

AMENDMENT NO. 3On page 3, line 19, change "3" to "6"

On motion of Senator Thomas, the amendments were adopted.

Floor Amendments Sent Up

Senator Smith sent up floor amendments which were read.

SENATE FLOOR AMENDMENTS

Amendments proposed by Senator Smith to Engrossed Senate BillNo. 942 by Senator Thomas

AMENDMENT NO. 1On page 1, line 5, after "Parish;" insert the following: "to authorize and provide for the transfer or lease of certain stateproperty in a parish with a population between eighteen thousand fivehundred and nineteen thousand according to the latest federaldecennial census from the Department of Health and Hospitals to afire protection district within such parish, through the governingauthority of the district;"

AMENDMENT NO. 2On page 3, between lines 18 and 19, insert the following:

"Section 3 is all proposed new law.Section 3. Notwithstanding any other provision of law to the

contrary, the secretary of the Department of Health and Hospitals, ishereby authorized and empowered to convey, transfer, assign, lease,and deliver title to all or part of the following described property tothe governing authority of a fire protection district in a parish havinga population between eighteen thousand five hundred and nineteenthousand according to the latest federal decennial census, subject toall mineral rights being reserved by the state in the transaction andreceipt of consideration proportionate to the fair market value of theproperty:

A certain tract or parcel of land lying in Sections 5, 11 and 14T5N, R3W, District North of Red River, together with all buildingsand improvements thereon, all rights, ways and privilegesappurtenant thereto, being Lots 1, 2, 3, 9, 10, 11, 12, 13, 14, 15 and16 of the Subdivision of Village Plantation in said parish inaccordance with original plat by John W. Rhorer dated May 8, 1897,and recorded in Plat Book P, page 515 and more particularlydescribed as follows:

A certain tract of land belonging to the State of Louisiana,Central Louisiana State Hospital, commencing with the sectioncorner common to Sections 1,2,8 and 9, T5N, R3W, which is marked

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Page 56 SENATE 36th DAY'S PROCEEDINGSJune 5, 2003

by a 1" x 1" buggy axle, thence proceeding East a distance of Cain Hollis Romero2,700.0'; thence South 0?02' West a distance of 2,408.6'; thence Chaisson Hoyt SchedlerSouth 24? 48' east for 6,164.4'; thence North 87? 00' West for Cravins Irons Smith5,280.0' to a section corner common to Sections 10, 11 and 12, T5N, Dardenne Johnson TarverR3W, which is marked by a 1 ½" x 2" hewed oak stake; thence South Dean Jones, B Theunissen0? 16' West for 145.0'; to the North-east property corner of this tract, Dupre Jones, CD Thomaswhich is the point of beginning and is marked with a 4" x 4" hewed Ellington Lambert Ullomulberry stake; thence South 0? 16' West a distance of 2,609.39'; Fields Lentinithence South 6? 19' 20" West for 172.3'; thence along the center of Fontenot MaloneBayou Darro (Darrow) as follows: South 26? 20' 40" East for 997.7'; Total—37thence South 16? 29' 50" West for 384.3'; thence South 2? 48' 20" NAYSWest 334.2'; thence South 17? 32' 50" West for 222.5'; thence South 3? 31' 50" West for 306.5'; thence South 0? 03' 50" West for 716.5'; Total—0thence South 18? 00' 20" West for 398.5' to the mouth of Bayou ABSENTDarro (Darrow); thence South 61? 37' 20" West for 207.8'; thenceNorth 53? 22' 40" West for 4,951.71'; thence North 25? 44' 20" East Mr. President Beanfor 877.71'; thence South 89? 45' 20" West for 4,736.20'; thence Total—2South 0? 20' 20" West for 290.4'; thence South 89? 40' 40" West for834.41'; thence North 21? 36' 40" West for 930.49'; thence North 36? The Chair declared the amended bill was passed. The title was07' 40" West for 820.0'; thence North 46? 54' 40" West for 131.3'; read and adopted. Senator Thomas moved to reconsider the vote bythence North 47? 52' 50" East for 1,374.49'; thence North 89? 45' 20" which the bill was passed and laid the motion on the table.East for 9,190.19' to the point of beginning, and containing in all743.94 acres more or less.

LESS AND EXCEPT: That one certain tract of land containingapproximately 47 acres located in Section 11, T5N, R3W, lying eastof the center line of Bayou Darro (Darrow), and being that portion ofLot 10 of the Subdivision of Village Plantation as per plat recordedin Plat Book P, page 515, records of Grant Parish, Louisiana, lyingeast of said center line of Bayou Darro (Darrow).For greater certainty of description reference should be made to onecertain plat prepared by the Louisiana Department of Public Works,Baton Rouge, Louisiana dated November, 1955 and identified by File#I-276-1 which said plat shows the entire tract hereinabove describedwithin shaded lines as well as the excepted portions of approximately47 acres lying within the shaded lines of said plat and in theNortheast corner thereof.

Section 4 is all proposed new law.Section 4. Subject to any rights granted in any existing lease on

the property or on any part thereof, the secretary of the Departmentof Health and Hospitals, on behalf of the state of Louisiana, is herebyauthorized to enter into such agreements, covenants, conditions, andstipulations and to execute such documents as are necessary toproperly effectuate any conveyance, transfer, assignment, lease ordelivery of title, excluding mineral rights, to the property describedin Section 3 herein, and as more specifically described in any suchagreements entered into and documents executed by and between thesecretary of the Department of Health and Hospitals and thegoverning authority of a fire protection district in a parish with apopulation between eighteen thousand five hundred and nineteenthousand according to the latest federal decennial census. Such a fireprotection district is authorized to lease, or receive or acquire title to,all or part of the property described in Section 3."

AMENDMENT NO. 3On page 3, line 19, change "Section 3." to "Section 5."

On motion of Senator Smith, the amendments were adopted.

The bill was read by title. Senator Thomas moved final passageof the amended bill.

ROLL CALL

The roll was called with the following result:

YEAS

Adley Gautreaux MarionneauxBajoie Heitmeier McPhersonBarham Hines MichotBoissiere Holden Mount

Mr. President in the Chair

Called from the Calendar

Senator Fields asked that Senate Bill No. 539 be called from theCalendar at this time for its final passage.

SENATE BILL NO. 539—BY SENATOR FIELDS

AN ACTTo amend and reenact R.S. 18:44(A) and (B)(5)(b), 110(B)(1), 197,

402(B), (C), (F)(2) and (G), 431(A)(1)(b), 433(G)(1) and(H)(1)(introductory paragraph), 434(A)(1), (C)(introductoryparagraph), and (D)(1) and (2), 435(A) and (B), 436, 453,467(2), 468(A), 552(A)(introductory paragraph), 1272(A),1278(B), 1279, 1300(C)(1), 1300.7(A), 1306(A)(4) and (C)(2),1307(A)(8) and (D), 1308(A)(2)(a), 1311(D)(5)(a), 1314(C)(1)and (2) and (D), 1333(D)(1)(e) and (E)(1), 1355(6), 1401(B),1402(B)(1)(c), 1405(A), 1406(B), 1407, 1409(B)(1) and (2),1432(A), 1461(A)(17) and to enact R.S. 18:1275.1 through1275.23, relative to elections; to provide for a party primarysystem of elections for congressional offices, includingprovisions to provide for nomination of candidates for generalelections for congressional offices by party primary elections,including a first primary election and a second primary electionif no candidate receives a majority vote in the first primaryelection; for qualification of candidates for congressional officehaving no party affiliation in the general election; for election inthe general election by plurality vote; for voting forcongressional offices by a voter registered as affiliated with theparty in the party primary elections; to provide for voting ofunaffiliated voters in party primaries; to provide for electiondates; and to provide for related matters.

Floor Amendments Sent Up

Senator Lambert sent up floor amendments which were read.

SENATE FLOOR AMENDMENTS

Amendments proposed by Senator Lambert on behalf of theLegislative Bureau to Engrossed Senate Bill No. 539 by SenatorFields

AMENDMENT NO. 1On page 1, line 3 and page 2, line 9, following "(C)" and before thecomma "," insert "(introductory paragraph)"

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36th DAY'S PROCEEDINGS Page 57 SENATEJune 5, 2003

AMENDMENT NO. 2On page 1, line 5 and page 2, line 11, following "435(A)" and before"and" insert "(1)"

AMENDMENT NO. 3On page 1, line 5 and page 2, line 12, following "467" and before"(2)" insert "(introductory paragraph) and"

AMENDMENT NO. 4On page 9, line 26, following "A." and before "Right" insert "(1)"

AMENDMENT NO. 5On page 10, between lines 4 and 5, insert asterisks "* * *"

On motion of Senator Lambert, the amendments were adopted.

Floor Amendments Sent Up

Senator Fields sent up floor amendments which were read. Dupre Hoyt Theunissen

SENATE FLOOR AMENDMENTS

Amendments proposed by Senator Fields to Engrossed Senate BillNo. 539 by Senator Fields Bean Schedler

AMENDMENT NO. 1 Total—4On page 5, line 20 after "week." insert "If the date of the election fora second party primary is advanced pursuant to this Subsection, the The Chair declared the amended bill failed to pass.first party primary shall be also be advanced by the same number ofweeks."

On motion of Senator Fields, the amendments were adopted.

Floor Amendments Sent Up

Senator Fields sent up floor amendments which were read.

SENATE FLOOR AMENDMENTS

Amendments proposed by Senator Fields to Engrossed Senate BillNo. 539 by Senator Fields

AMENDMENT NO. 1On page 9, line 26, before "Each" insert "(1)"

AMENDMENT NO. 2On page 10, line 4, after "precinct." insert the following:

" The state central committee of each recognized political partyshall be responsible for filing the list of watchers for its slate ofcandidates for presidential elector. The list of watchers for anindependent or other party slate of candidates for presidential electorshall be filed by any person so authorized by the presidentialcandidate supported by the slate of electors. A letter of authorizationfrom the presidential candidate, or an authorized agent of hiscampaign, shall accompany the list of watchers.

* * *"

AMENDMENT NO. 3On page 35, line 9, after "signature" insert "or mark if the voter isunable to sign his name, signed by two witnesses who witnessed theapplicant's mark"

On motion of Senator Fields, the amendments were adopted.

The bill was read by title. Senator Fields moved final passageof the amended bill.

ROLL CALL

The roll was called with the following result:

YEAS

Mr. President Fields MaloneBajoie Holden McPhersonBoissiere Hollis MichotCain Irons RomeroCravins Johnson TarverDardenne Jones, CD Total—17

NAYS

Adley Fontenot LambertBarham Gautreaux LentiniChaisson Heitmeier MountDean Hines Smith

Ellington Jones, B Ullo Total—18

ABSENT

Marionneaux Thomas

Notice of Reconsideration

Senator Fields, pursuant to Senate Rule Number 11.12, gavenotice that before the expiration of the Morning Hour of the nextsucceeding legislative day of the Senate, he would move toreconsider the vote by which the bill failed to pass.

Personal Privilege

Senator Romero asked for and obtained the floor of the Senateon a point of personal privilege, and stated he had voted in error onSenate Bill No. 539. He voted yea on the bill and had intended tovote nay. He asked that the Official Journal so state.

Called from the Calendar

Senator Fontenot asked that Senate Bill No. 400 be called fromthe Calendar at this time for its final passage.

SENATE BILL NO. 400—BY SENATOR FONTENOT

AN ACTTo amend and reenact R.S. 37:1367(A), relative to professions and

occupations; to provide with respect to plumbers; to provide fora licensed journeyman plumber to supervise three apprentices ona job; and to provide for related matters.

Floor Amendments Sent Up

Senator Fontenot sent up floor amendments which were read.

SENATE FLOOR AMENDMENTS

Amendments proposed by Senator Fontenot to Engrossed Senate BillNo. 400 by Senator Fontenot

AMENDMENT NO. 1On page 2, line 8, after "supervise" delete the remainder of the lineand on line 9, delete "three"

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Page 58 SENATE 36th DAY'S PROCEEDINGSJune 5, 2003

AMENDMENT NO. 2On page 2, line 9, after "apprentices" delete the remainder of the lineand insert ", as governed by the Louisiana Department of Labor."

On motion of Senator Fontenot, the amendments were adopted.

The bill was read by title. Senator Fontenot moved final passageof the amended bill.

ROLL CALL

The roll was called with the following result:

YEAS

Adley Fontenot LentiniBajoie Gautreaux MaloneBarham Heitmeier MarionneauxBoissiere Hines McPhersonCain Holden MichotChaisson Hollis MountCravins Hoyt SmithDardenne Irons TarverDean Johnson TheunissenDupre Jones, B UlloEllington Jones, CDFields Lambert Total—34

NAYS Total—0

ABSENT

Mr. President Romero ThomasBean Schedler Total—5

The Chair declared the amended bill was passed. The title wasread and adopted. Senator Fontenot moved to reconsider the vote bywhich the bill was passed and laid the motion on the table.

Senator Lambert in the Chair

Called from the Calendar

Senator Hainkel asked that Senate Bill No. 908 be called fromthe Calendar at this time for its final passage.

SENATE BILL NO. 908—BY SENATOR HAINKEL

AN ACTTo enact Chapter 9 of Title 29 of the Louisiana Revised Statutes of

1950, to be comprised of R.S. 29:760 through 772, relative toemergency health powers; to provide for a plan dealing with ahealth emergency; to provide who can declare such anemergency, for what length of time and who can end such anemergency; to provide for isolation and quarantine of infectedcitizens; to provide for an organizational and operationalstructure that is compatible with the Louisiana EmergencyAssistance and Disaster Act of 1993; and to provide for relatedmatters.

The bill was read by title. Senator Hainkel moved the finalpassage of the bill.

ROLL CALL

The roll was called with the following result:

YEAS

Mr. President Fields LambertAdley Fontenot LentiniBajoie Gautreaux MaloneBarham Heitmeier MarionneauxBoissiere Hines McPhersonCain Holden MichotChaisson Hollis MountCravins Hoyt RomeroDardenne Irons SmithDean Johnson TarverDupre Jones, B TheunissenEllington Jones, CD Ullo Total—36

NAYS Total—0

ABSENT

Bean Schedler Thomas Total—3

The Chair declared the bill was passed. The title was read andadopted. Senator Hainkel moved to reconsider the vote by which thebill was passed and laid the motion on the table.

Rules Suspended

Senator Boissiere asked for and obtained a suspension of therules for the purpose of taking up at this time.

Senate Bills and Joint ResolutionsReturned from the House of

Representatives with Amendments

Senator Boissiere asked for and obtained a suspension of therules to take up at this time the following Senate Bills and JointResolutions just returned from the House of Representatives withamendments.

SENATE BILL NO. 330—BY SENATOR BOISSIERE

AN ACTTo enact R.S. 11:153(L), relative to the Sheriffs' Pension and Relief

Fund; to provide with respect to purchase of military servicecredit for years of active duty military service in the VietnamConflict; to provide with respect to employee contributions; toprovide with respect to employer contributions; to provide forseverability; to provide for an effective date; and to provide forrelated matters.

The bill was read by title. Returned from the House ofRepresentatives with the following amendments:

HOUSE FLOOR AMENDMENTS

Conforming Amendments proposed by Representative Montgomeryto Reengrossed Senate Bill No. 330 by Senator Boissiere (Duplicateof H.B. No. 955)

AMENDMENT NO. 1On page 1, line 3, after "provide" delete the remainder of the line anddelete lines 4 and 5 in their entirety and on line 6, delete"contributions; to provide for severability;" and insert "for the

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36th DAY'S PROCEEDINGS Page 59 SENATEJune 5, 2003

purchase of credit for military service; to provide for the payment of The Chair declared the amendments proposed by the House werethe additional actuarial cost;" rejected. Senator Boissiere moved to reconsider the vote by which

AMENDMENT NO. 2On page 1, delete lines 14 and 15 in their entirety, and on page 2,delete lines 1 through 17 in their entirety and on line 18 delete"funds." and insert the following:

"L.(1) Credit for military service in the armed forces of theUnited States during the period from January 1, 1959, throughDecember 31, 1975, may be purchased in the Sheriffs' Pension andRelief Fund by any person who is an active contributing member ofthe fund. Nothing in this Subsection shall be applied to allow aretiree or a participant in any deferred retirement option plan topurchase service credit pursuant to this Subsection.

(2) Notwithstanding the provisions of this Section or any otherprovision of law to the contrary:

(a) An active contributing member with at least six years ofservice credit in the fund may purchase additional service credit, notto exceed a total of four years, for regular military service during theperiod provided in Paragraph (1) of this Subsection.

(b) An active contributing member with nonregular statenational guard or federal military service for which retirement pointswere assigned during the time period provided in Paragraph (1) ofthis Subsection shall be eligible to purchase a maximum of two yearsof service credit.

(c) Notwithstanding any provision of this Section to thecontrary, an active contributing member may purchase service creditpursuant to Subparagraph (a) or (b) of this Paragraph but shall not bepermitted to purchase service credit pursuant to both Subparagraphs(a) and (b) of this Paragraph or any other provision of this Section.

(3) For each year of service credit purchased pursuant to thisSubsection, the member purchasing service credit shall pay to thefund employee contributions based on the rate of compensation andthe employee contribution rate in effect on the date of the purchaseof the service credit. The additional actuarial cost shall be paidthrough employer contributions."

AMENDMENT NO. 3On page 2, delete lines 21 through 25 in their entirety.

Senator Boissiere moved to reject the amendments proposed bythe House.

ROLL CALL

The roll was called with the following result:

YEAS

Adley Fontenot LentiniBajoie Gautreaux MaloneBarham Heitmeier MarionneauxCain Hines McPhersonChaisson Holden MichotCravins Hollis MountDardenne Hoyt RomeroDean Johnson SmithDupre Jones, B TarverEllington Jones, CD TheunissenFields Lambert Ullo Total—33

NAYS Total—0

ABSENT

Mr. President Boissiere SchedlerBean Irons Thomas Total—6

the amendments were rejected and laid the motion on the table.

Mr. President in the Chair

Rules Suspended

Senator Adley asked for and obtained a suspension of the rulesfor the purpose of reverting to the Morning Hour.

Messages from the House

The following Messages from the House were received and readas follows:

Message from the House

CONCURRING INSENATE CONCURRENT RESOLUTIONS

June 5, 2003

To the Honorable President and Members of the Senate:

I am directed to inform your honorable body that the House ofRepresentatives has finally concurred in the following SenateConcurrent Resolutions:

SENATE CONCURRENT RESOLUTION NO. 119—BY SENATOR SCHEDLER

A CONCURRENT RESOLUTIONTo urge and request the Department of Transportation and

Development to study the feasibility of adding an additional lanein each direction on a portion of Interstate 12 in St. TammanyParish.

Reported without amendments.

SENATE CONCURRENT RESOLUTION NO. 120—BY SENATOR HOLDEN

A CONCURRENT RESOLUTIONTo commend and congratulate Mike Graham upon the occasion of his

retirement and for his many years of service as a televisionweatherman on WAFB-TV Channel 9.

Reported without amendments.

SENATE CONCURRENT RESOLUTION NO. 121—BY SENATOR HAINKEL

A CONCURRENT RESOLUTIONTo commend and congratulate Dr. Donald J. Palmisano, MD, JD for

being elected president of the American Medical Association.

Reported without amendments.

SENATE CONCURRENT RESOLUTION NO. 99—BY SENATOR SCHEDLER

A CONCURRENT RESOLUTIONTo urge and request the Board of Regents to establish a special

committee to study and provide recommendations on theimplementation of criminal background checks for employees atinstitutions of postsecondary education.

Reported without amendments.

Respectfully submitted,ALFRED W. SPEER

Clerk of the House of Representatives

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Page 60 SENATE 36th DAY'S PROCEEDINGSJune 5, 2003

Message from the House

ASKING CONCURRENCE INHOUSE BILLS AND JOINT RESOLUTIONS

June 5, 2003

To the Honorable President and Members of the Senate:

I am directed to inform your honorable body that the House ofRepresentatives has finally passed and asks your concurrence in thefollowing House Bills and Joint Resolutions:

HOUSE BILL NO. 568—BY REPRESENTATIVES CRANE AND SCHNEIDER AND SENATORTHEUNISSEN

AN ACTTo amend and reenact R.S. 17:7.1(A)(4), relative to the certification

of teachers; to provide for certification requirements relative tothe teaching of reading for participants in certain alternateteacher education programs; and to provide for related matters.

HOUSE BILL NO. 862—BY REPRESENTATIVES ALARIO AND DANIEL

AN ACTTo amend and reenact R.S. 47:1907(A)(1), relative to assessors; to

authorize an increase in the annual compensation; to provide foran effective date; and to provide for related matters.

HOUSE BILL NO. 881—BY REPRESENTATIVE ALARIO

AN ACTTo appropriate funds out of the General Fund of the state of

Louisiana for Fiscal Year 2003-2004 to be used to pay certainjudgments against the state; to pay the consent judgment in thesuit entitled "Louis Merhige v. Board of Commissioners for theEast Jefferson Levee District, C. "Bud" Taulli ConstructionCompany, Inc., Manual Anaya, The Transportation InsuranceCompany, Parish of Jefferson, and the Department ofTransportation and Development, State of Louisiana"; to paythe judgment in "Yvonne Updegraff v. State of Louisiana,through the Department of Transportation and Development"; toprovide for interest; and to provide for related matters.

HOUSE BILL NO. 1290—BY REPRESENTATIVE TOWNSEND

AN ACTTo appropriate funds out of the General Fund of the state of

Louisiana to be used to pay certain judgments against the state;to pay the judgments in the suits entitled "Jonelle Clark v. JulieB. Roy, Allstate Insurance Company and State of Louisianathrough the Department of Transportation and Development";"Joe Farley, Jr., Mary Ann Farley Brooks, Rosetta FarleyFontenot, Elma Farley Alexander, Matthew Farley, Mose Farley,Henry E. Farley, Brenda Farley, Ollie Mae Farley Bell, andRobert L. Farley v. State of Louisiana, Department ofTransportation and Development, et al."; "Lisa M. John v.Rodney G. Freeman, Financial Indemnity Insurance, Valerie J.Hill, Progressive Security Insurance Co., and State of Louisiana,through the Department of Transportation and Development";"Rosemount, Inc. v. Secretary, Department of Revenue, State ofLouisiana"; "Automatic Switch Company v. John NeelyKennedy, Secretary, Department of Revenue, State ofLouisiana"; "Herman H. Boyett et ux v. State of Louisiana,Etc."; "Joseph Roy Lyons, husband of/and Myra Leger Lyons,individually and on behalf of his minor children, Joseph RoyLyons, Jr. and Andrew Robert Lyons v. State of Louisiana,through the Department of Transportation and Development,Daimler/Chrysler Corporation, Southside Chrysler Corporation,d/b/a North Loop Dodge"; and "Brenda Whirl v. State ofLouisiana, through the Department of Transportation and

Development, et al"; to provide for interest; to provide for costs;and to provide for related matters.

HOUSE BILL NO. 1370—BY REPRESENTATIVE DOWNS

AN ACTTo amend and reenact R.S. 39:330(B)(2), relative to state surplus

property; to provide for storage and sale of surplus property inthe possession of the commissioner of administration; to providefor an effective date; and to provide for related matters.

HOUSE BILL NO. 1403—BY REPRESENTATIVE ALARIO

AN ACTTo enact R.S. 39:128(B)(4), relative to the state capital construction

budget; to provide for exemptions from inclusion in the budgetfor certain projects undertaken by or on the campus of a statecollege, university, or higher education facility; to provide for aneffective date; and to provide for related matters.

HOUSE BILL NO. 1584—BY REPRESENTATIVES WELCH, CAZAYOUX, GALLOT, GLOVER,GUILLORY, L. JACKSON, M. JACKSON, KENNEY, LUCAS, MURRAY,TOWNSEND, AND WRIGHT AND SENATORS IRONS AND TARVER

AN ACTTo enact Part LVIII of Chapter 5 of Title 40 of the Louisiana Revised

Statutes of 1950, to be comprised of R.S. 40:1300.191, relativeto state funds; to establish the Community-based Primary HealthCare Initiative Fund in the state treasury; to provide for thedeposit of monies into the fund; to provide for uses of monies inthe fund; to provide for grants from the fund to communityhealth centers for operations and various community healthprograms and other purposes; to create the Community-basedPrimary Health Care Initiative within the Department of Healthand Hospitals; to provide for an effective date; and to providefor related matters.

HOUSE BILL NO. 558—BY REPRESENTATIVE PIERRE

AN ACTTo enact R.S. 56:434.1, relative to public oyster seed grounds; to

create the Public Oyster Seed Ground Development Account; toprovide for revenues and expenditures; to provide foradministration of the account; and to provide for related matters.

HOUSE BILL NO. 1685—BY REPRESENTATIVES PEYCHAUD AND MURRAY

AN ACTTo amend and reenact Sections 7(c), 9(b), (d), and (e), and 20(l) of

Act No. 170 of the 1968 Regular Session as amended by ActNo. 299 of the 1972 Regular Session and Act No. 135 of the1994 Third Extraordinary Session, relative to the New OrleansCommunity Improvement Act; to provide relative to electorateapproval of community improvement plans undertaken by theNew Orleans Redevelopment Authority; to provide with respectto disposition of property by the authority; and to provide forrelated matters.

HOUSE BILL NO. 731—BY REPRESENTATIVE PINAC

AN ACTTo amend and reenact R.S. 13:5063(C)(2)(b), relative to the Master

Settlement Agreement; to provide for escrow payments bytobacco product manufacturers; to provide for the state'sallocable share; to provide for the release of funds from escrow;and to provide for related matters.

Respectfully submitted,ALFRED W. SPEER

Clerk of the House of Representatives

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36th DAY'S PROCEEDINGS Page 61 SENATEJune 5, 2003

House Bills and Joint Resolutionson First Reading

The following House Bills and Joint Resolutions were read afirst time by their titles and placed on the Calendar for their secondreading:

HOUSE BILL NO. 558—BY REPRESENTATIVE PIERRE

AN ACTTo enact R.S. 56:434.1, relative to public oyster seed grounds; to

create the Public Oyster Seed Ground Development Account; toprovide for revenues and expenditures; to provide foradministration of the account; and to provide for related matters.

The bill was read by title; lies over under the rules.

HOUSE BILL NO. 568—BY REPRESENTATIVES CRANE AND SCHNEIDER AND SENATORTHEUNISSEN

AN ACTTo amend and reenact R.S. 17:7.1(A)(4), relative to the certification

of teachers; to provide for certification requirements relative tothe teaching of reading for participants in certain alternateteacher education programs; and to provide for related matters.

The bill was read by title; lies over under the rules.

HOUSE BILL NO. 731—BY REPRESENTATIVE PINAC

AN ACTTo amend and reenact R.S. 13:5063(C)(2)(b), relative to the Master

Settlement Agreement; to provide for escrow payments bytobacco product manufacturers; to provide for the state'sallocable share; to provide for the release of funds from escrow;and to provide for related matters.

The bill was read by title; lies over under the rules.

HOUSE BILL NO. 862—BY REPRESENTATIVES ALARIO AND DANIEL

AN ACTTo amend and reenact R.S. 47:1907(A)(1), relative to assessors; to

authorize an increase in the annual compensation; to provide foran effective date; and to provide for related matters.

The bill was read by title; lies over under the rules.

HOUSE BILL NO. 881—BY REPRESENTATIVE ALARIO

AN ACTTo appropriate funds out of the General Fund of the state of

Louisiana for Fiscal Year 2003-2004 to be used to pay certainjudgments against the state; to pay the consent judgment in thesuit entitled "Louis Merhige v. Board of Commissioners for theEast Jefferson Levee District, C. "Bud" Taulli ConstructionCompany, Inc., Manual Anaya, The Transportation InsuranceCompany, Parish of Jefferson, and the Department ofTransportation and Development, State of Louisiana"; to paythe judgment in "Yvonne Updegraff v. State of Louisiana,through the Department of Transportation and Development"; toprovide for interest; and to provide for related matters.

The bill was read by title; lies over under the rules.

HOUSE BILL NO. 1290—BY REPRESENTATIVE TOWNSEND

AN ACTTo appropriate funds out of the General Fund of the state of

Louisiana to be used to pay certain judgments against the state;to pay the judgments in the suits entitled "Jonelle Clark v. JulieB. Roy, Allstate Insurance Company and State of Louisiana

through the Department of Transportation and Development";"Joe Farley, Jr., Mary Ann Farley Brooks, Rosetta FarleyFontenot, Elma Farley Alexander, Matthew Farley, Mose Farley,Henry E. Farley, Brenda Farley, Ollie Mae Farley Bell, andRobert L. Farley v. State of Louisiana, Department ofTransportation and Development, et al."; "Lisa M. John v.Rodney G. Freeman, Financial Indemnity Insurance, Valerie J.Hill, Progressive Security Insurance Co., and State of Louisiana,through the Department of Transportation and Development";"Rosemount, Inc. v. Secretary, Department of Revenue, State ofLouisiana"; "Automatic Switch Company v. John NeelyKennedy, Secretary, Department of Revenue, State ofLouisiana"; "Herman H. Boyett et ux v. State of Louisiana,Etc."; "Joseph Roy Lyons, husband of/and Myra Leger Lyons,individually and on behalf of his minor children, Joseph RoyLyons, Jr. and Andrew Robert Lyons v. State of Louisiana,through the Department of Transportation and Development,Daimler/Chrysler Corporation, Southside Chrysler Corporation,d/b/a North Loop Dodge"; and "Brenda Whirl v. State ofLouisiana, through the Department of Transportation andDevelopment, et al"; to provide for interest; to provide for costs;and to provide for related matters.

The bill was read by title; lies over under the rules.

HOUSE BILL NO. 1370—BY REPRESENTATIVE DOWNS

AN ACTTo amend and reenact R.S. 39:330(B)(2), relative to state surplus

property; to provide for storage and sale of surplus property inthe possession of the commissioner of administration; to providefor an effective date; and to provide for related matters.

The bill was read by title; lies over under the rules.

HOUSE BILL NO. 1403—BY REPRESENTATIVE ALARIO

AN ACTTo enact R.S. 39:128(B)(4), relative to the state capital construction

budget; to provide for exemptions from inclusion in the budgetfor certain projects undertaken by or on the campus of a statecollege, university, or higher education facility; to provide for aneffective date; and to provide for related matters.

The bill was read by title; lies over under the rules.

HOUSE BILL NO. 1584—BY REPRESENTATIVES WELCH, CAZAYOUX, GALLOT, GLOVER,GUILLORY, L. JACKSON, M. JACKSON, KENNEY, LUCAS, MURRAY,TOWNSEND, AND WRIGHT AND SENATORS IRONS AND TARVER

AN ACTTo enact Part LVIII of Chapter 5 of Title 40 of the Louisiana Revised

Statutes of 1950, to be comprised of R.S. 40:1300.191, relativeto state funds; to establish the Community-based Primary HealthCare Initiative Fund in the state treasury; to provide for thedeposit of monies into the fund; to provide for uses of monies inthe fund; to provide for grants from the fund to communityhealth centers for operations and various community healthprograms and other purposes; to create the Community-basedPrimary Health Care Initiative within the Department of Healthand Hospitals; to provide for an effective date; and to providefor related matters.

The bill was read by title; lies over under the rules.

HOUSE BILL NO. 1685—BY REPRESENTATIVES PEYCHAUD AND MURRAY

AN ACTTo amend and reenact Sections 7(c), 9(b), (d), and (e), and 20(l) of

Act No. 170 of the 1968 Regular Session as amended by ActNo. 299 of the 1972 Regular Session and Act No. 135 of the1994 Third Extraordinary Session, relative to the New Orleans

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Page 62 SENATE 36th DAY'S PROCEEDINGSJune 5, 2003

Community Improvement Act; to provide relative to electorateapproval of community improvement plans undertaken by theNew Orleans Redevelopment Authority; to provide with respectto disposition of property by the authority; and to provide forrelated matters.

The bill was read by title; lies over under the rules.

Messages from the House

The following Messages from the House were received and readas follows:

Message from the House

ASKING CONCURRENCE INHOUSE CONCURRENT RESOLUTIONS

June 5, 2003

To the Honorable President and Members of the Senate:

I am directed to inform your honorable body that the House ofRepresentatives has finally passed and asks your concurrence in thefollowing House Concurrent Resolutions:

HOUSE CONCURRENT RESOLUTION NO. 139—BY REPRESENTATIVES WINSTON AND FAUCHEUX

A CONCURRENT RESOLUTIONTo urge and request the Louisiana Judicial College to institute

mandatory continuing legal education for judges on the familylaw topics of child custody and child support guidelines.

HOUSE CONCURRENT RESOLUTION NO. 127—BY REPRESENTATIVES WINSTON, CROWE, SCHNEIDER, AND STRAINAND SENATORS SCHEDLER AND THOMAS

A CONCURRENT RESOLUTIONTo urge and request the secretary of the Department of Transportation

and Development to give certain notice regarding changes to thehighway priority program and to expand the number and scopeof capacity projects in the priority program.

HOUSE CONCURRENT RESOLUTION NO. 144—BY REPRESENTATIVE SALTER

A CONCURRENT RESOLUTIONTo create the Sabine River Authority Conservation Pool Level

Advisory Council to study the issues and concerns relative to theestablishment of a conservation pool level and prohibition ofhydroelectric power generation by the Sabine River Authority atToledo Bend Reservoir under certain circumstances.

HOUSE CONCURRENT RESOLUTION NO. 81—BY REPRESENTATIVE ODINET

A CONCURRENT RESOLUTIONTo direct the Louisiana Oyster Task Force to form a committee to

examine issues related to the future of the development of theoyster industry in Louisiana and to report its recommendationsto the legislature.

HOUSE CONCURRENT RESOLUTION NO. 149—BY REPRESENTATIVE ANSARDI

A CONCURRENT RESOLUTIONTo request the Judicial Council of the Supreme Court of Louisiana to

study funding sources for the Lengthy Trial Fund created byHouse Bill No. 2008 of the 2003 Regular Session in the eventthat this legislation is subsequently passed and enacted into law.

HOUSE CONCURRENT RESOLUTION NO. 157—BY REPRESENTATIVE ANSARDI

A CONCURRENT RESOLUTIONTo request the Judicial Council of the Supreme Court of Louisiana to

study the implementation of a one-day, one-trial system for petitjuries.

HOUSE CONCURRENT RESOLUTION NO. 172—BY REPRESENTATIVES BOWLER AND CAPELLA

A CONCURRENT RESOLUTIONTo request that the Louisiana State Law Institute study certain aspects

of laws related to immovable property, land titles, and trustproperty.

HOUSE CONCURRENT RESOLUTION NO. 176—BY REPRESENTATIVE DIEZ

A CONCURRENT RESOLUTIONTo urge and request the House and Senate Transportation, Highways

and Public Works Committees to study transportationcoordination and efficiency within the Port of New Orleans andto work with representatives from the state and private industriesto make recommendations to improve transportationcoordination and efficiency, and to report its findings to thelegislature prior to January 1, 2004.

Respectfully submitted,ALFRED W. SPEER

Clerk of the House of Representatives

House Concurrent Resolutions

Senator Lambert asked for and obtained a suspension of therules to take up at this time the following House ConcurrentResolutions just received from the House which were taken up, reada first and second time by their titles and acted upon as follows:

HOUSE CONCURRENT RESOLUTION NO. 81—BY REPRESENTATIVE ODINET

A CONCURRENT RESOLUTIONTo direct the Louisiana Oyster Task Force to form a committee to

examine issues related to the future of the development of theoyster industry in Louisiana and to report its recommendationsto the legislature.

On motion of Senator Lambert, the resolution was read by titleand referred to the Committee on Natural Resources.

HOUSE CONCURRENT RESOLUTION NO. 127—BY REPRESENTATIVES WINSTON, CROWE, SCHNEIDER, AND STRAINAND SENATORS SCHEDLER AND THOMAS

A CONCURRENT RESOLUTIONTo urge and request the secretary of the Department of Transportation

and Development to give certain notice regarding changes to thehighway priority program and to expand the number and scopeof capacity projects in the priority program.

On motion of Senator Lambert, the resolution was read by titleand referred to the Committee on Transportation, Highways, andPublic Works.

HOUSE CONCURRENT RESOLUTION NO. 139—BY REPRESENTATIVES WINSTON AND FAUCHEUX

A CONCURRENT RESOLUTIONTo urge and request the Louisiana Judicial College to institute

mandatory continuing legal education for judges on the familylaw topics of child custody and child support guidelines.

On motion of Senator Lambert, the resolution was read by titleand referred to the Committee on Judiciary A.

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36th DAY'S PROCEEDINGS Page 63 SENATEJune 5, 2003

HOUSE CONCURRENT RESOLUTION NO. 144—BY REPRESENTATIVE SALTER

A CONCURRENT RESOLUTIONTo create the Sabine River Authority Conservation Pool Level

Advisory Council to study the issues and concerns relative to theestablishment of a conservation pool level and prohibition ofhydroelectric power generation by the Sabine River Authority atToledo Bend Reservoir under certain circumstances. A CONCURRENT RESOLUTION

On motion of Senator Lambert, the resolution was read by title plans necessary for being able to use state owned or sponsoredand referred to the Committee on Transportation, Highways, and facilities for instructional purposes for the students of thePublic Works. Orleans Parish School System.

HOUSE CONCURRENT RESOLUTION NO. 149—BY REPRESENTATIVE ANSARDI

A CONCURRENT RESOLUTIONTo request the Judicial Council of the Supreme Court of Louisiana to

study funding sources for the Lengthy Trial Fund created by A CONCURRENT RESOLUTIONHouse Bill No. 2008 of the 2003 Regular Session in the event To urge and request the State Board of Elementary and Secondarythat this legislation is subsequently passed and enacted into law. Education to study issues relative to school entrance age

On motion of Senator Lambert, the resolution was read by title disadvantages of requiring that children be six years old priorand referred to the Committee on Judiciary A. to September thirtieth to enter the first grade, and to submit a

HOUSE CONCURRENT RESOLUTION NO. 157—BY REPRESENTATIVE ANSARDI

A CONCURRENT RESOLUTIONTo request the Judicial Council of the Supreme Court of Louisiana to

study the implementation of a one-day, one-trial system for petitjuries.

On motion of Senator Lambert, the resolution was read by title A CONCURRENT RESOLUTIONand referred to the Committee on Judiciary A. To urge and request the Board of Regents, in consultation with the

HOUSE CONCURRENT RESOLUTION NO. 172—BY REPRESENTATIVES BOWLER AND CAPELLA

A CONCURRENT RESOLUTIONTo request that the Louisiana State Law Institute study certain aspects

of laws related to immovable property, land titles, and trustproperty.

On motion of Senator Lambert, the resolution was read by titleand referred to the Committee on Judiciary A.

HOUSE CONCURRENT RESOLUTION NO. 176—BY REPRESENTATIVE DIEZ

A CONCURRENT RESOLUTIONTo urge and request the House and Senate Transportation, Highways

and Public Works Committees to study transportationcoordination and efficiency within the Port of New Orleans andto work with representatives from the state and private industriesto make recommendations to improve transportationcoordination and efficiency, and to report its findings to thelegislature prior to January 1, 2004.

On motion of Senator Lambert, the resolution was read by titleand referred to the Committee on Transportation, Highways, andPublic Works.

Reports of Committees

The following reports of committees were received and read:

REPORT OF COMMITTEE ON

EDUCATION

Senator Theunissen, Chairman on behalf of the Committee onEducation, submitted the following report:

June 5, 2003

To the President and Members of the Senate:

I am directed by your Committee on Education to submit thefollowing report:

SENATE CONCURRENT RESOLUTION NO. 110—BY SENATOR IRONS

To establish a special committee to study, discuss, and make the

Reported with amendments.

HOUSE CONCURRENT RESOLUTION NO. 196—BY REPRESENTATIVE HUTTER

requirements, including but not limited to the advantages and

written report of its findings and recommendations to the HouseCommittee on Education and the Senate Committee onEducation prior to the beginning of the 2004 Regular Session.

Reported favorably.

HOUSE CONCURRENT RESOLUTION NO. 197—BY REPRESENTATIVE HUTTER

Board of Supervisors of Community and Technical Colleges, tostudy all aspects of the effect on community colleges of fullimplementation at the state's public baccalaureate degreegranting institutions of admissions criteria as provided for in theBoard of Regents' Master Plan for Public PostsecondaryEducation: 2001, and to report in writing on study findings andrecommendations to the House Committee on Education and tothe Senate Committee on Education by not later than sixty daysprior to the convening of the 2004 Regular Session of theLegislature.

Reported favorably.

HOUSE BILL NO. 401—BY REPRESENTATIVE DEWITT

AN ACTTo enact R.S. 17:1501.2, to authorize the Board of Supervisors of

Louisiana State University and Agricultural and MechanicalCollege to impose specific tuition and attendance fee amountsfor students attending Louisiana State University at Alexandria;to provide for effectiveness; and to provide for related matters.

Reported favorably.

HOUSE BILL NO. 846—BY REPRESENTATIVES SALTER AND NEVERS

AN ACTTo amend and reenact R.S. 17:46(A)(1) and 1171(A), relative to

eligibility for sabbatical leave for certain teachers; to remove therequirement that a teacher shall be eligible for a medical leavesabbatical if the teacher's regular sick leave balance is twenty-five days or less; and to provide for related matters.

Reported favorably.

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Page 64 SENATE 36th DAY'S PROCEEDINGSJune 5, 2003

HOUSE BILL NO. 1236— HOUSE BILL NO. 1802—BY REPRESENTATIVE CRANE BY REPRESENTATIVES HUNTER, HONEY, AND PEYCHAUD

AN ACT AN ACTTo enact R.S. 17:3351.5(A)(7), relative to increases in tuition To enact R.S. 17:1855(D), to authorize the Board of Supervisors of

amounts for students at certain schools under the management Southern University and Agricultural and Mechanical Collegeof the Louisiana State University Board of Supervisors; to to impose specific increases in tuition amounts for studentsprovide for specified tuition increases for students attending the enrolled at the law center; to provide limitations; to provide forLouisiana State University School of Veterinary Medicine; to effectiveness; to provide an effective date; and to provide forprovide limitations; to provide for effectiveness; and to provide related matters.for related matters.

Reported favorably. Respectfully submitted,

HOUSE BILL NO. 1536—BY REPRESENTATIVE LEBLANC

AN ACTTo enact R.S. 17:3129.5, relative to a state tuition and fee policy; to

authorize the Board of Regents to study and formulate a statetuition and fee policy for public postsecondary educationinstitutions and systems; to provide for legislative review andapproval of such policy; to provide relative to policyimplementation and annual reports; and to provide for relatedmatters.

Reported with amendments.

HOUSE BILL NO. 1556—BY REPRESENTATIVES SCHWEGMANN AND PEYCHAUD

AN ACTTo enact R.S. 17:3351.7, to authorize the Board of Supervisors of

Louisiana State University and Agricultural and MechanicalCollege to impose a specified fee increase for students attendingthe University of New Orleans; to provide relative to waivers forcertain students; to provide limitations; to provide for aneffective date; and to provide for related matters.

Reported with amendments.

HOUSE BILL NO. 1619—BY REPRESENTATIVES MORRISH AND NEVERS

AN ACTTo enact Chapter 20-B-5 of Title 17 of the Louisiana Revised

Statutes of 1950, to be comprised of R.S. 17:3042.48 through3042.53, relative to a guaranteed loan program for certainnursing students; to authorize the Louisiana Student FinancialAssistance Commission to make loans to certain studentsenrolled in certain nursing programs; to provide for legislativefindings and purpose, eligibility requirements, commission rulesand regulations, loan amounts, loan forgiveness, contractrequirements, and funding; and to provide for related matters.

Reported favorably.

HOUSE BILL NO. 1786—BY REPRESENTATIVE ALARIO AND SENATOR B. JONES

AN ACTTo amend and reenact R.S. 17:3351.3(C) and to enact R.S.

17:1855.1, 3351.3(D), and 3351.7, to authorize the boards ofsupervisors of the Southern University System, the LouisianaState University System, and the University of Louisiana Systemto impose an academic excellence fee for students attending theinstitutions under the management and supervision of eachboard; to provide for the fee amounts; to provide relative towaivers for certain students; to provide limitations; to providefor effectiveness; and to provide for related matters.

Reported with amendments.

Reported favorably.

GERALD J. THEUNISSENChairman

REPORT OF COMMITTEE ON

LOCAL AND MUNICIPAL AFFAIRS

Senator Bajoie, Chairman on behalf of the Committee on Localand Municipal Affairs, submitted the following report:

June 5, 2003

To the President and Members of the Senate:

I am directed by your Committee on Local and MunicipalAffairs to submit the following report:

HOUSE BILL NO. 363—BY REPRESENTATIVE SALTER

AN ACTTo amend and reenact R.S. 40:1496.17(D), relative to the Parishwide

Fire Protection District of Red River Parish; to provide relativeto the administration of funds of the district; to provide that theboard of commissioners of the district shall administer suchfunds; to provide for implementation; and to provide for relatedmatters.

Reported with amendments.

HOUSE BILL NO. 719—BY REPRESENTATIVE JOHNS

AN ACTTo enact R.S. 33:4712.8, relative to property owned by the town of

Vinton; to provide relative to the disposition of such property;to provide relative to notices and procedures for suchdispositions; to provide relative to the contesting of suchdispositions; and to provide for related matters.

Reported favorably.

HOUSE BILL NO. 961—BY REPRESENTATIVE SALTER

AN ACTTo amend and reenact R.S. 33:383(A)(1) and to enact R.S. 33:383.2,

relative to municipal elections; to authorize the governingauthority in certain municipalities to hold municipal elections atthe same time as the gubernatorial election; and to provide forrelated matters.

Reported favorably.

HOUSE BILL NO. 964—BY REPRESENTATIVE LEBLANC

AN ACTTo amend and reenact Section 3(A) of Act No. 38 of the 1974

Regular Session of the Legislature, as amended by Act No. 673of the 1977 Regular Session of the Legislature, Act No. 940 ofthe 1981 Regular Session of the Legislature, Act No. 939 of the1986 Regular Session of the Legislature, and Act No. 40 of the1989 Regular Session of the Legislature, relative to the taxes

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36th DAY'S PROCEEDINGS Page 65 SENATEJune 5, 2003

levied by the governing authority of Lafayette Parish upon the AN ACToccupancy of hotel rooms and overnight camping facilities To amend and reenact R.S. 34:2021(D), 2022(A), (C)(2)(introductorywithin the parish, the proceeds of which are used to support the paragraph), and (I), 2024, 2027, and 2028 and to enact R.S.Lafayette Parish Convention and Visitors Commission; to 34:2022(K) and 2033 through 2037, relative to the Jeffersonprovide that the amount of such taxes shall not exceed four Parish Economic Development and Port District; to provide forpercent of the rent or fee charged for such occupancy; to provide rights and powers; to provide for sale of bonds; to provide forfor an effective date; and to provide for related matters. right of expropriation; to provide for general compliances; to

Reported with amendments. create and provide for additional powers; to create and provide

HOUSE BILL NO. 968—BY REPRESENTATIVES ARNOLD AND TUCKER

AN ACTTo amend and reenact R.S. 33:2740.27(D)(introductory paragraph),

(1), and (2), relative to the Algiers Development District; toprovide relative to the membership of the board ofcommissioners; to provide relative to the qualifications,appointment, and service of board members; and to provide forrelated matters.

Reported with amendments.

HOUSE BILL NO. 1271—BY REPRESENTATIVE L. JACKSON

AN ACTTo amend and reenact R.S. 33:2495(B)(1)(a)(introductory paragraph)

and to enact R.S. 33:2495(B)(3), relative to fire and police civilservice; to provide relative to formal training required of eachperson selected for appointment to the entry level position ofFire Communications Officer (I) in the city of Shreveport; toprovide for commencement of the working test period aftersuccessful completion of formal training; and to provide forrelated matters.

Reported favorably.

HOUSE BILL NO. 1312—BY REPRESENTATIVES GLOVER, BAYLOR, AND JANE SMITH

AN ACTTo enact R.S. 33:1976, relative to naming certain fire department

facilities; to authorize the municipal governing authority incertain municipalities to name the central fire station and relatedfacilities in honor of a former fire chief; to provide limitations;and to provide for related matters.

Reported favorably.

HOUSE BILL NO. 1452—BY REPRESENTATIVE HOPKINS

AN ACTTo enact R.S. 33:221.3, relative to municipal annexations; to provide Rules Suspended

relative to annexation of territory included within fire protectiondistricts in Caddo Parish; to provide relative to the proceduresgoverning such annexations; and to provide for related matters.

Reported favorably.

HOUSE BILL NO. 1591—BY REPRESENTATIVES MCDONALD AND THOMPSON

AN ACTTo enact R.S. 33:2740.55, to create the Bastrop Downtown

Development District; to provide relative to the boundaries andpurposes of the district; to provide relative to the governance ofthe district; to provide relative to district plans; to authorize thegoverning authority of the city of Bastrop to levy and collecttaxes and issue bonds on behalf of the district, subject toapproval of district voters; and to provide for related matters.

Reported with amendments.

HOUSE BILL NO. 1718—BY REPRESENTATIVES ANSARDI, TOOMY, AND TUCKER

create and provide for additional economic development; to

for revenue bonds; to create and provide for exemption from advalorem taxes; and to provide for related matters.

Reported with amendments.

HOUSE BILL NO. 1756—BY REPRESENTATIVES PEYCHAUD, L. JACKSON, CURTIS, HONEY,MURRAY, RICHMOND, JACK SMITH, SWILLING, WALKER, WELCH,WINSTON, BROOME, K. CARTER, M. JACKSON, AND MORRELL ANDSENATOR IRONS

AN ACTTo enact R.S. 40:600.6(A)(4)(b)(vi) and (25) and Chapter 3-B of

Title 40 of the Louisiana Revised Statutes of 1950, to becomprised of R.S. 40:600.26, and Subpart X of Part I of Chapter1 of Subtitle II of Title 47 of the Louisiana Revised Statutes of1950, to be comprised of R.S. 47:120.64, relative to theLouisiana Housing Finance Agency; to create the LouisianaHousing Trust Fund; to provide for use of the trust fund to assistlow-income individuals and families by providing fordevelopment, rehabilitation, and preservation of affordablehousing; to provide for deposit of certain monies into the trustfund; to provide for authority to administer the trust fund; toexempt the trust fund from the Administrative Procedure Act; toprovide for a refund checkoff on individual state income taxreturns for the trust fund; and to provide for related matters.

Reported favorably.

HOUSE BILL NO. 1886—BY REPRESENTATIVE TUCKER

AN ACTTo enact R.S. 33:9038.10, relative to economic development

districts; to provide for the annual baseline collection rate for taxincrements within certain districts; and to provide for relatedmatters.

Reported favorably.Respectfully submitted,

DIANA E. BAJOIEChairwoman

Senator B. Jones asked for and obtained a suspension of therules for the purpose of taking up at this time.

House Bills and Joint Resolutionson Second Reading JustReported by Committees

Senator B. Jones asked for and obtained a suspension of therules to take up at this time the following House Bills and JointResolutions just reported by Committees.

HOUSE BILL NO. 1786—BY REPRESENTATIVE ALARIO AND SENATOR B. JONES

AN ACTTo amend and reenact R.S. 17:3351.3(C) and to enact R.S.

17:1855.1, 3351.3(D), and 3351.7, to authorize the boards ofsupervisors of the Southern University System, the LouisianaState University System, and the University of Louisiana Systemto impose an academic excellence fee for students attending the

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Page 66 SENATE 36th DAY'S PROCEEDINGSJune 5, 2003

institutions under the management and supervision of eachboard; to provide for the fee amounts; to provide relative towaivers for certain students; to provide limitations; to providefor effectiveness; and to provide for related matters.

Reported with amendments by the Committee on Education.

SENATE COMMITTEE AMENDMENTS

Amendments proposed by Senate Committee on Education toReengrossed House Bill No. 1786 by Representative Alario

AMENDMENT NO. 1On page 1, line 3, change "and 3351.7" to "3351.7, and 3351.8"

AMENDMENT NO. 2On page 1, line 5, before "the" delete "and" and between "System"and "to" insert ", and the Louisiana Community and TechnicalCollege System"

AMENDMENT NO. 3On page 1, line 13, change "and 3351.7" to "3351.7, and 3351.8"

AMENDMENT NO. 4On page 5, between lines 6 and 7, insert the following:

"§3351.8. Academic excellence fee; amount; waivers; LouisianaCommunity and Technical College System

A. In addition to the authority granted to the Board ofSupervisors of Community and Technical Colleges by R.S.17:1871(B) and 3351(A)(5) and in accordance with Article VII,Section 2.1(A) of the Constitution of Louisiana, the board mayprovide for the assessment of an academic excellence fee at eachinstitution under its management and supervision effective for theFall, 2003, academic session and thereafter. The fee shall be inaddition to any other tuition or attendance fees and chargesestablished by the board.

B.(1) The fee amount per student shall not exceed seven dollarsand fifty cents dollars per credit hour per academic session and shall Senator Irons asked for and obtained a suspension of the rulesnot exceed ninety dollars per academic session. to take up at this time the following Senate Bills and Joint

(2) The fee shall not be a cost that is payable by the state on Resolutions just returned from the House of Representatives withbehalf of any student who is a recipient of an award under the Tuition amendments.Opportunity Program for Students.

(3) The fee shall be paid by all students. However, the boardshall establish criteria for waiving the fee in cases of financialhardship as determined by the board. Information relative to suchwaivers and the criteria and procedures for obtaining a waiver shallbe made available to all prospective students in a timely manner suchthat each student is informed of the availability of a waiver prior tothe student making a final decision concerning attendance at anyinstitution under the management and supervision of the board.

(4) The fee shall not be imposed on students in an apprenticeshipprogram.

C. Fee proceeds shall be used to promote academic excellenceat each institution by enhancing instructional programs. However, noproceeds shall be used to pay the salary of any university oruniversity system administrator."

On motion of Senator Theunissen the committee amendment wasadopted. The amended bill was read by title and recommitted to theCommittee on Revenue and Fiscal Affairs.

Messages from the House

The following Messages from the House were received and readas follows:

Message from the House

PASSED SENATE BILLS ANDJOINT RESOLUTIONS

June 5, 2003

To the Honorable President and Members of the Senate:

I am directed to inform your honorable body that the House ofRepresentatives has finally passed the following Senate Bills andJoint Resolutions:

SENATE BILL NO. 565—BY SENATORS IRONS, HAINKEL AND BAJOIE

AN ACTTo amend and reenact R.S. 9:242 and 243, relative to marriage; to

provide that certain officiants in Orleans Parish may waive theseventy-two hour delay for marriages; to provide relative topenalties; and to provide for related matters.

Reported with amendments.

Respectfully submitted,ALFRED W. SPEER

Clerk of the House of Representatives

Rules Suspended

Senator Irons asked for and obtained a suspension of the rulesfor the purpose of taking up at this time.

Senate Bills and Joint ResolutionsReturned from the House of

Representatives with Amendments

SENATE BILL NO. 565—BY SENATORS IRONS, HAINKEL AND BAJOIE

AN ACTTo amend and reenact R.S. 9:242 and 243, relative to marriage; to

provide that certain officiants in Orleans Parish may waive theseventy-two hour delay for marriages; to provide relative topenalties; and to provide for related matters.

The bill was read by title. Returned from the House ofRepresentatives with the following amendments:

LEGISLATIVE BUREAU AMENDMENTS

Amendments proposed by Legislative Bureau to Reengrossed SenateBill No. 565 by Senator Irons

AMENDMENT NO. 1On page 2, line 6, following "ceremony" and before "be" change"must" to "shall"

HOUSE FLOOR AMENDMENTS

Amendments proposed by Representative DeWitt to ReengrossedSenate Bill No. 565 by Senator Irons

AMENDMENT NO. 1On page 1, line 2, before the comma "," insert "and to enact R.S.9:203(E)" and on the same line, after "relative to" change "marriage"to "non-resident marriages"

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36th DAY'S PROCEEDINGS Page 67 SENATEJune 5, 2003

AMENDMENT NO. 2 DeanOn page 1, line 4, after "delay for" insert "non-resident" and on the Total—1same line, after "penalties;" and before "and" insert the following: ABSENT"to authorize federal judges whose official duty station includescertain municipalities to perform marriage ceremonies" Bean Gautreaux Thomas

AMENDMENT NO. 3On page 1, line 8, after "reenacted" and before "to" insert "and R.S. The Chair declared the amendments proposed by the House were9:203(E) is hereby enacted" concurred in. Senator Irons moved to reconsider the vote by which

AMENDMENT NO. 4On page 1, between lines 9 and 10, insert the following:

"§203. Officiant; judges and justices of the peace* * *

E. A judge of a court of the United States whose official dutystation includes a municipality having a population in excess of fortythousand but less than fifty thousand persons according to the latestdecennial census or a municipality having a population in excess oftwo hundred and fifteen thousand but less than two hundred andthirty-five thousand persons according to the latest decennial censusmay perform marriage ceremonies in the municipality located withinhis official duty station. For purposes of this Subsection, "judge" and"official duty station" have the same meaning as provided in 28U.S.C. 451 and 456, respectively. The authority granted by thisSubsection shall terminate on December 31, 2003.

* * *"

AMENDMENT NO. 5On page 2, line 4, after "delay", insert "for non-resident parties"

AMENDMENT NO. 6On page 2, at the end of line 7, add the following:" For purposes of this Subsection, "non-resident" shall mean a persondomiciled or residing in a jurisdiction other than the state ofLouisiana."

AMENDMENT NO. 7On page 2, after line 15, insert the following:

"Section 2. This Act shall become effective upon signature bythe governor or, if not signed by the governor, upon expiration of thetime for bills to become law without signature by the governor, asprovided by Article III, Section 18 of the Constitution of Louisiana.If vetoed by the governor and subsequently approved by thelegislature, this Act shall become effective On the day following suchapproval."

Senator Irons moved to concur in the amendments proposed bythe House.

ROLL CALL

The roll was called with the following result:

YEAS

Mr. President Fontenot MaloneAdley Heitmeier MarionneauxBajoie Hines McPhersonBarham Holden MichotBoissiere Hollis MountCain Hoyt RomeroChaisson Irons SchedlerCravins Johnson SmithDardenne Jones, B TarverDupre Jones, CD TheunissenEllington Lambert UlloFields Lentini Total—35

NAYS

Total—3

the amendments were concurred in and laid the motion on the table.

Introduction of Resolutions,Senate and Concurrent

Senator Fields asked for and obtained a suspension of the rulesfor the purpose of introducing and reading the following Resolutions,Senate and Concurrent, a first and second time and acting upon themas follows:

SENATE CONCURRENT RESOLUTION NO. 126—BY SENATOR FIELDS AND REPRESENTATIVE BOWLER

A CONCURRENT RESOLUTIONTo urge and request the Marriage/Persons Committee of the

Louisiana State Law Institute to replace references toillegitimate children in its revision of the Civil Code articles onfiliation.

The resolution was read by title. Senator Fields moved to adoptthe Senate Concurrent Resolution.

ROLL CALL

The roll was called with the following result:

YEAS

Adley Fields LambertBajoie Fontenot LentiniBarham Gautreaux MaloneBoissiere Heitmeier McPhersonCain Hines MountChaisson Holden SchedlerCravins Hollis SmithDardenne Hoyt TarverDean Irons UlloDupre JohnsonEllington Jones, CD Total—31

NAYS

Mr. President Romero Total—2

ABSENT

Bean Marionneaux TheunissenJones, B Michot Thomas Total—6

The Chair declared the Senate had adopted the SenateConcurrent Resolution and ordered it sent to the House.

Message from the House

SIGNED HOUSE CONCURRENT RESOLUTIONS

June 5, 2003

To the Honorable President and Members of the Senate:

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Page 68 SENATE 36th DAY'S PROCEEDINGSJune 5, 2003

I am directed to inform your honorable body that the Speaker of I am directed by your Committee on Senate and Governmentalthe House of Representatives has signed the following House Affairs to submit the following report:Concurrent Resolutions:

HOUSE CONCURRENT RESOLUTION NO. 217—BY REPRESENTATIVE HUTTER

A CONCURRENT RESOLUTIONTo proclaim April 7 annually as Honor the Elderly Day.

HOUSE CONCURRENT RESOLUTION NO. 223—BY REPRESENTATIVE WADDELL AND SENATOR MALONE

A CONCURRENT RESOLUTION various school employees; to eliminate the limit on the amountTo commend Samuel Maurice "Maury" Hicks, Jr. upon his of money that may be provided for such awards; to require

confirmation by the United States Senate as a federal district school board approval of the amount of money provided forjudge for the Western District of Louisiana. such awards; and to provide for related matters.

and asked that the President of the Senate affix his signature to thesame.

Respectfully submitted,ALFRED W. SPEER

Clerk of the House of Representatives

The House Concurrent Resolutions contained herein were signedby the President of the Senate.

Privilege Report of the Committee onSenate and Governmental Affairs

ENROLLMENTS

Senator Ullo, Chairman on behalf of the Committee on Senateand Governmental Affairs, submitted the following report:

June 5, 2003

To the President and Members of the Senate:

I am directed by your Committee on Senate and GovernmentalAffairs to submit the following report:

The following Senate Resolution has been properly enrolled:

SENATE CONCURRENT RESOLUTION NO. 106—BY SENATOR MOUNT

A CONCURRENT RESOLUTIONTo urge and request city, parish, and other local public school boards

and superintendents to consider the issues involved and establishpolicies which address the inappropriateness of permittingschool related activities planned and conducted for theparticipation of students in facilities which exist primarily tosupport the conduct of gaming.

Respectfully submitted,CHRIS ULLO

Chairman

The foregoing Senate Concurrent Resolution was signed by thePresident of the Senate.

Privilege Report of the Committee onSenate and Governmental Affairs

ENROLLMENTS

Senator Ullo, Chairman on behalf of the Committee on Senateand Governmental Affairs, submitted the following report:

June 5, 2003

To the President and Members of the Senate:

The following Senate Bills have been properly enrolled:

SENATE BILL NO. 50—BY SENATORS THEUNISSEN, HOYT AND MOUNT ANDREPRESENTATIVE JANE SMITH

AN ACTTo amend and reenact R.S. 17:432(A)(1), (B), (C), (D), and (E) and

432.1(A), (B)(1), (C), (D), and (E), relative to awards for

SENATE BILL NO. 55—BY SENATOR FIELDS AND REPRESENTATIVE PEYCHAUD

AN ACTTo enact R.S. 22:636.1(L), relative to automobile insurance; to

prohibit insurers from canceling automobile insurance undercertain circumstances; and to provide for related matters.

SENATE BILL NO. 112—BY SENATOR THEUNISSEN AND REPRESENTATIVE CRANE

AN ACTTo amend and reenact R.S. 17:10.4(D)(1), relative to school and

district accountability; to allow distinguished educators who areactive employees of a public postsecondary institution or anycity or parish or other local public school system to be granteda leave of absence from such employment up to six years; and toprovide for related matters.

SENATE BILL NO. 126—BY SENATOR THEUNISSEN AND REPRESENTATIVE CRANE

AN ACTTo amend and reenact R.S. 17:31(A)(1), the introductory paragraph

of (2)(a), (2)(a)(iv), the introductory paragraph of (2)(b),(2)(b)(iv) and (v), and (c), 32(B), the introductory paragraph of33(A), and 33(A)(2) and (B), and to enact R.S. 17:31(A)(2)(d)and (e), relative to the State Advisory Commission on TeacherEducation and Certification; to revise and increase themembership; to provide for the transaction of business; and toprovide for related matters.

SENATE BILL NO. 294—BY SENATOR DARDENNE

AN ACTTo amend and reenact R.S. 37:751(A)(6), 752(2), 780(B)(1), 791(B),

1744(A)(1) and (2), and 1745(A)(1) and (2) and to enact R.S.37:794(C) and (D), relative to the dental practice act; to providedefinitions; to provide with respect to the burden of proof anddecisions for certain hearings; to provide for inventoryrequirements; and to provide for related matters.

SENATE BILL NO. 378—BY SENATOR SCHEDLER AND REPRESENTATIVE DURAND

AN ACTTo enact R.S. 40:2009, relative to facilities participating in the

Medicaid Residential Treatment Option; to provide formandatory accreditation of facilities providing residentialsupports and services by the Joint Commission on theAccreditation of Health Care Organizations, the Council on theAccreditation of Rehabilitation Facilities, or the Council onAccreditation for Children and Family Services; and to providefor related matters.

Respectfully submitted,CHRIS ULLO

Chairman

The foregoing Senate Bills were signed by the President of theSenate.

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36th DAY'S PROCEEDINGS Page 69 SENATEJune 5, 2003

Message to the Governor

SIGNED SENATE BILLS

June 5, 2003

To the Honorable Governor of the State of Louisiana:

The President of the Senate and the Speaker of the House ofRepresentatives have signed the following Senate Bills:

SENATE BILL NO. 38—BY SENATORS IRONS, BARHAM, BOISSIERE, CAIN, CRAVINS,DARDENNE, DUPRE, GAUTREAUX, HOLDEN, HOLLIS, MICHOT,MOUNT, THEUNISSEN, ULLO AND HOYT AND REPRESENTATIVES E.ALEXANDER, BALDONE, BRUCE, K. CARTER, CRANE, CROWE,ERDEY, FAUCHEUX, FLAVIN, GALLOT, HUDSON, HUTTER, L.JACKSON, KATZ, LEBLANC, MURRAY, ODINET, PEYCHAUD, POWELL,QUEZAIRE, SCHNEIDER, JACK SMITH, TOWNSEND, WELCH,BAUDOIN, M. JACKSON, HONEY, NEVERS AND JANE SMITH

AN ACTTo amend and reenact R.S. 17:274(B), relative to required courses of

study; to require the free enterprise curriculum to includeinstruction in personal finance beginning with the 2004-2005school year; and to provide for related matters.

SENATE BILL NO. 83—BY SENATOR THEUNISSEN

AN ACTTo enact R.S. 49:191(14) and to repeal R.S. 49:191(12)(c), relative

to the Department of Education, including provisions to providefor the re-creation of the Department of Education and thestatutory entities made a part of the department by law; toprovide for the effective termination date for all statutoryauthority for the existence of such statutory entities; and toprovide for related matters.

SENATE BILL NO. 116—BY SENATOR DARDENNE

AN ACTTo enact R.S. 40:2155(B)(8) and (9), relative to adult residential care

homes; to provide for resident support during times ofemergency and natural disasters; and to provide for relatedmatters.

SENATE BILL NO. 788 (Duplicate of House Bill No. 1332)—BY SENATOR MICHOT AND REPRESENTATIVE CAZAYOUX

AN ACTTo amend and reenact R.S. 23:1221(4)(s)(v), relative to workers’

compensation, to provide for the extension of the catastrophicinjury sunset provision; and to provide for related matters.

SENATE BILL NO. 800—BY SENATOR BAJOIE AND REPRESENTATIVE PEYCHAUD

AN ACTTo amend and reenact R.S. 33:4720.27, 4720.29(A), 4720.30(A), and

4720.32, relative to post-adjudication donation of abandoned orblighted property; to provide for the redemptive period for post-adjudicated donations of abandoned or blighted property; toprovide that after a post-adjudication donation of abandoned orblighted property the tax debtor shall not have a right ofredemption; and to provide for related matters.

and they are hereby presented for executive approval.

Respectfully submitted,MICHAEL S. BAER, III

Secretary of the Senate

Leaves of Absence

The following leaves of absence were asked for and granted:

Bean 1 Day

Adjournment

Senator Lambert moved that the Senate adjourn until Monday,June 9, 2003, at 1:00 o'clock A.M.

The President of the Senate declared the Senate adjourned until1:00 o'clock P.M. on Monday, June 9, 2003.

MICHAEL S. BAER, IIISecretary of the Senate

GAYE F. HAMILTONJournal Clerk