OFFICIAL JOURNAL In compliance with Article IV, Section 5(H)(3) of the Louisiana Constitution of 1974, the individual on the attached page has been OF THE appointed and previously submitted for your consideration. SENATE However, I wish for the confirmation to be stopped and the name OF THE withdrawn from submission. STATE OF LOUISIANA ______Sincerely, M.J. “Mike” Foster, Jr. Governor FORTY-SEVENTH______DAY'S PROCEEDINGS Twenty-Third Regular Session of the Legislature Louisiana Highway Safety Commission Under the Adoption of the Constitution of 1974 Sanders J. Butler, III ______Louisiana Racing Commission Senate Chamber State Capitol Baton Rouge, Louisiana Michael J. Smith (Resigned) Monday, June 16, 1997 Reports of Committees The Senate was called to order at 8:30 o'clock A.M., by Hon. The following reports of committees were received and read: Randy Ewing, President of the Senate. House Bills and Joint Resolutions ROLL CALL on Second Reading The roll being called, the following members answered to their Reported by Committees names: Senator Hainkel asked for and obtained a suspension of the rules PRESENT to take up at this time the following House Bills and Joint Resolutions just reported by Committees. Mr. President Dyess Lambert Bagneris Ellington Landry SUPPLEMENTAL REPORT OF COMMITTEE ON Bajoie Fields Lentini Barham Greene Malone FINANCE Bean Guidry Robichaux Branch Hainkel Romero Senator Hainkel, Chairman on behalf of the Committee on Cain Heitmeier Schedler Finance, submitted the following report: Campbell Hines Short Casanova Hollis Siracusa June 13, 1997 Cox Irons Smith Cravins Johnson Tarver To the President and Members of the Senate: Dardenne Jones Theunissen Dean Jordan Ullo I am directed by your Committee on Finance to submit the Total—39 following report: ABSENT HOUSE BILL NO. 2— Total—0 BY REPRESENTATIVES ALARIO, LEBLANC, AND DOWNER AND SENATORS BARHAM AND HAINKEL The President of the Senate announced there were 39 Senators AN ACT present and a quorum. To provide with respect to the capital outlay budget and the capital outlay program for state government, state institutions, and other public entities; to provide for the designation of projects and Prayer improvements; to provide for the financing thereof making appropriations from certain sources; and to provide for related The prayer was offered by Senator Dyess, following which the matters. Senate joined in pledging allegiance to the flag of the United States of America. Reported with amendments. Reading of the Journal HOUSE BILL NO. 366— BY REPRESENTATIVE TRAVIS On motion of Senator Dyess, the reading of the Journal was AN ACT dispensed with and the Journal of yesterday was adopted. To amend and reenact R.S. 51:1286(C)(1)(introductory paragraph) and to repeal R.S. 51:1286(C)(3), relative to the Louisiana Tourism Promotion District; to remove the limitation on the amount of the Morning Hour proceeds of the sales and use tax levied by the district which are to be used for costs of collection of the tax and for the promotion of Messages from the Governor tourism; to amend and reenact Section 3 of Act No. 535 of the 1988 Regular Session of the Legislature, as amended by Section The following messages from the Governor were received and read 2 of Act No. 285 of the 1992 Regular Session of the Legislature; as follows: to provide with respect to the Louisiana Tax Free Shopping June 16, 1997 Program; and to provide for related matters. The Honorable President and Members of the Senate Reported favorably. Ladies and Gentlemen: Page 2 SENATE 47th DAY'S PROCEEDINGS June 16, 1997

HOUSE BILL NO. 720— provide relative to the duties and responsibilities of the State Board BY REPRESENTATIVE DUPRE of Elementary and Secondary Education, the state Department of A JOINT RESOLUTION Education, and city and parish school boards; to provide relative to Proposing to amend Article VII, Section 4(D) of the Constitution of the Louisiana Educational Assessment Testing Commission; to Louisiana, to increase the maximum amount of the severance tax provide for implementation; and to provide for related matters. on certain natural resources which is remitted to parish governing authorities; to provide for submission of the proposed amendment Reported with amendments. to the electors; and to provide for related matters. HOUSE BILL NO. 2134— Reported with amendments. BY REPRESENTATIVES WINDHORST AND DEWITT AN ACT HOUSE BILL NO. 873— To enact R.S. 40:1379(D), relative to the office of state police, public BY REPRESENTATIVES DOWNER, ALARIO, R. ALEXANDER, BARTON, safety services, of the Department of Public Safety and BRUNEAU, CRANE, DANIEL, DEWITT, DEVILLE, DIMOS, DONELON, DUPRE, FLAVIN, FRITH, HEBERT, JETSON, JOHNS, KENNEY, Corrections; to provide for personnel who are commissioned police LANCASTER, LEBLANC, LONG, MCDONALD, MCMAINS, MICHOT, employees of the office; and to provide for related matters. RIDDLE, SCALISE, JOHN SMITH, STELLY, THOMPSON, TRICHE, WIGGINS, CLARKSON, FRUGE, AND WRIGHT AND SENATOR EWING A JOINT RESOLUTION Reported with amendments. Proposing to amend Article VII, Sections 10(B) and (D)(2) and 10.3 of HOUSE BILL NO. 2370— the Constitution of Louisiana, relative to the expenditure of state BY REPRESENTATIVE LEBLANC funds; to provide for allowable uses of nonrecurring revenues; to AN ACT restructure and rename the "Revenue Stabilization/Mineral Trust To appropriate funds from certain sources to be allocated to designated Fund" within the state treasury; to establish certain accounts within agencies and designated purposes in specific amounts for the the fund; to provide for deposit of certain monies into the fund; to purpose of making supplemental appropriations for certain provide for allowable uses of monies in the fund; to provide for initiatives for the funding of said agencies and purposes during the submission of the proposed amendment to the electors; and to 1996-1997 Fiscal Year and for retiring or defeasing debt of the provide for related matters. state; to void a certain provision of Act 45 of the 1996 Regular Session of the Legislature; and to provide for related matters. Reported with amendments. Reported with amendments. HOUSE BILL NO. 852— BY REPRESENTATIVE JACK SMITH A JOINT RESOLUTION HOUSE BILL NO. 2520 (Substitute for House Bill No. 510 by Representative Crane)— Proposing to amend Article VII, Section 7(B) of the Constitution of BY REPRESENTATIVE CRANE Louisiana, relative to the Interim Emergency Board; to allow the AN ACT board to appropriate funds to avert an impending emergency; to To enact R.S. 17:3386(C) and (D), relative to retention of surplus provide for submission of the proposed amendment to the electors; funds; to provide for limitations on surplus funds which may be and to provide for related matters. retained from one fiscal year and carried forward to the next fiscal year; and to provide for related matters. Reported with amendments. Reported with amendments. HOUSE BILL NO. 1348— BY REPRESENTATIVES LEBLANC AND DOWNER AND SENATOR BAGNERIS Respectfully submitted, AN ACT JOHN J. HAINKEL, JR. To appropriate funds to defray the expenses of the Louisiana Judiciary, Chairman including the Supreme Court, Courts of Appeal, District Courts, Criminal District Court of Orleans Parish, and other courts; and to HOUSE BILL NO. 2— BY REPRESENTATIVES ALARIO, LEBLANC, AND DOWNER AND provide for related matters. SENATORS BARHAM AND HAINKEL AN ACT Reported with amendments. To provide with respect to the capital outlay budget and the capital outlay program for state government, state institutions, and other HOUSE BILL NO. 1530— BY REPRESENTATIVE WINDHORST public entities; to provide for the designation of projects and AN ACT improvements; to provide for the financing thereof making To amend and reenact R.S. 47:820.5(B)(2), relative to the uses of toll appropriations from certain sources; and to provide for related revenues from the Greater New Orleans Mississippi River Bridges; matters. to provide for additional projects that may be funded by excess revenues; and to provide for related matters. Reported with amendments by the Committee on Finance. Reported with amendments. SENATE COMMITTEE AMENDMENTS HOUSE BILL NO. 1865— Amendments proposed by Senate Committee on Finance to Re- BY REPRESENTATIVE BRUN reengrossed House Bill No. 2 by Representative Alario AN ACT To amend and reenact R.S. 17:24.4 and to repeal R.S. 17:100.7, relative AMENDMENT NO. 1 to the assessment of public elementary and secondary school On page 8, delete lines 7 through 12, and insert the following: students; to provide for the Achievement and Performance Program for Students, including provisions relative to the "Payable from State General Fund (Direct) $2,695,000 Louisiana Education Assessment Program; to provide for certain Payable from Federal Funds $5,000,000 testing of students; to provide relative to testing requirements and Payable from General Obligation Bonds the schedule for testing; to provide for student progression plans; Priority 1 $4,800,000 to provide for content standards and for performance standards; to Priority 5 $29,475,000 47th DAY'S PROCEEDINGS Page 3 SENATE June 16, 1997

Total $41,970,000" On page 29, delete line 35, and insert the following: AMENDMENT NO. 2 "(East Baton Rouge)" On page 8, delete lines 31 through 35 AMENDMENT NO. 13 AMENDMENT NO. 3 On page 31, delete lines 28 through 33, and insert the following: On page 8, delete lines 40 through 43, and insert the following: "Payable from Fees and Self- "Payable from General Obligation Bonds Generated Revenues $14,000,000 Priority 5 $3,000,000" Payable from General Obligation Bonds Priority 5 $16,000,000 AMENDMENT NO. 4 Total $30,000,000" On page 9, delete lines 26 through 32, and insert the following: AMENDMENT NO. 14 "Payable from General Obligation Bonds On page 32, after line 44, insert the following: Priority 2 $1,630,000" "09/321 LEONARD J. CHABERT MEDICAL CENTER AMENDMENT NO. 5 On page 11, delete line 9, and insert the following: (890) Cat Scan, Acquisition (Terrebonne) "prepayments on reimbursement contracts $54,000 Payable from State General Fund (Direct) $720,000" Payable from State General Fund (Direct) $174,000 Total $228,000" AMENDMENT NO. 15 On page 35, delete lines 11 through 16, and insert the following: AMENDMENT NO. 6 On page 14, between lines 21 and 22, insert the following: "Payable from Federal Funds $65,250,000 Payable from General Obligation Bonds "(60) Fort St. Jean Baptiste State Commemorative Priority 2 $3,155,000 Area, Planning and Construction Priority 5 $15,660,000 (Natchitoches) Total $84,065,000" Payable from State General Fund (Direct) $600,000" AMENDMENT NO. 16 AMENDMENT NO. 7 On page 39, delete lines 17 through 21, and insert the following: On page 17, between lines 35 and 36, insert the following: "Payable from Federal Funds $1,469,846 "(100) Hickory Avenue (LA 3154) Payable from General Obligation Bonds Plan Redesign, Right of Way, Utilities, Priority 1 $3,105,000 Drainage, and Construction Payable from General Obligation Bonds (Jefferson) Priority 2 $135,000 Payable from State General Fund (Direct) $250,000" Total $4,709,846" AMENDMENT NO. 8 AMENDMENT NO. 17 On page 18, between lines 13 and 14, insert the following: On page 46, delete line 19, and insert the following: "(115) DeRidder By-Pass (LA 3226) "Payable from Fees and Self- Construction, Right of Way, and Utilities Generated Revenues $1,000,000 (Beauregard) Payable from Revenue Bonds $8,950,000 Payable from State General Fund (Direct) $50,000" Total $9,950,000" AMENDMENT NO. 9 AMENDMENT NO. 18 On page 19, delete lines 3 and 4, and insert the following: On page 47, delete lines 23 through 26, and insert the following: "$78,000,000 TTF, $30,000,000 Fed) "Payable from Fees and Self- (up to $2,000,000 TTF may be used to" Generated Revenues $750,000 Payable from General Obligation Bonds AMENDMENT NO. 10 Priority 2 $110,000 On page 22, delete line 35, and insert the following: Priority 5 $1,230,000 Total $2,090,000" "Fund - Regular $1,245,000" AMENDMENT NO. 19 AMENDMENT NO. 11 On page 48, between lines 15 and 16, insert the following: On page 24, between lines 24 and 25, insert the following: "19/698 EDUCATIONAL SUPPORT SERVICES "(1517) LaSalle Parish Maintenance Unit/ Project Engineers Office Relocation, ( ) Bunkie Youth Center Acquisitions, Supplemental Funding Renovations, and Major Repairs (LaSalle) (Avoyelles) Payable from Transportation Trust Payable from State General Fund (Direct) $467,600 Fund - Regular $40,000" The capital outlay budget request for this project was submitted after the AMENDMENT NO. 12 November 1st deadline, but it has been recommended by the secretary Page 4 SENATE 47th DAY'S PROCEEDINGS June 16, 1997 of the Department of Economic Development pursuant to the provisions (Iberia) of R. S. 39:112." Payable from State General Fund (Direct) $350,000" AMENDMENT NO. 20 AMENDMENT NO. 27 On page 48, between lines 22 and 23, insert the following: On page 57, between lines 5 and 6, insert the following: "19 /711 LOUISIANA TECHNICAL COLLEGE "(1442 ) Road Improvements (1.1 miles) of the West BATON ROUGE CAMPUS Service Road off 1-49 North of LA Highway 175, Engineering, Utilities ( ) Cooling Tower Renovation, Right of Way, and Construction Planning and Construction (DeSoto) (East Baton Rouge) Payable from State General Fund (Direct) $900,000" Payable from State General Fund (Direct) $25,000 AMENDMENT NO. 28 ( ) Male and Female Restroom Renovation On page 57, between lines 20 and 21, insert the following: to Meet Federal ADA Requirements, Planning and Construction "50 /J21 FRANKLIN PARISH (East Baton Rouge) Payable from State General Fund (Direct) $75,000" (818) Turkey Creek Lake Improvements Planning and Construction AMENDMENT NO. 21 (Franklin) On page 49, delete lines 6 through 9, and insert the following: Payable from State General Fund (Direct) $70,000" "Payable from General Obligation Bonds AMENDMENT NO. 29 Priority 5 $1,380,000" On page 57, between lines 21 and 22, insert the following: AMENDMENT NO. 22 "(819) South Lewis St. Widening On page 50, delete lines 32 through 36, and insert the following: (LA Highway 674 to US Hwy 90) Planning and Construction "Payable from State General Fund (Direct) $2,000,000 (Iberia) Payable from General Obligation Bonds Payable from State General Fund (Direct) $400,000" Priority 1 $1,500,000 Priority 2 $1,500,000 AMENDMENT NO. 30 Payable from funds previously appropriated On page 57, line 29, change "Hebertville" to "Hubertville" to the Judiciary and surplus funds of the Judiciary, and interest earnings on such AMENDMENT NO. 31 funds $4,675,768 Total $9,675,768" On page 57, at the end of line 33, change "$450,000" to "$50,000" AMENDMENT NO. 23 AMENDMENT NO. 32 On page 51, between lines 27 and 28, insert the following: On page 57, at the end of line 36, change "$4,650,000" to "$4,250,000" "36/L10 ORLEANS LEVEE DISTRICT AMENDMENT NO. 33 (1449) Basin Canal Park Landscaping On page 57, line 37, change "$450,000" to "$50,000" Planning and Construction (Orleans) AMENDMENT NO. 34 Payable from State General Fund (Direct) $50,000 On page 58, between lines 1 and 2, insert the following: The capital outlay budget request for this project was submitted after the "(821) Drainage Improvements/Airline November 1st deadline, but it has been approved by the Joint Legislative Highway Bridge Over 17th Street Canal Capital Outlay Committee pursuant to R. S. 39:112." (Jefferson) Payable from State General Fund (Direct) $350,000 AMENDMENT NO. 24 Payable from Fees and Self- On page 51, between lines 32 and 33, insert the following: Generated Revenues $36,000 "36/L21 EAST JEFFERSON LEVEE DISTRICT Total $386,000" (786) Jefferson Lakefront Linear Park AMENDMENT NO. 35 Improvements, Planning and Construction On page 58, between lines 6 and 7, insert the following: (Jefferson) Payable from State General Fund (Direct) $376,000" "(828) Bruning House Breakwater Planning and Construction AMENDMENT NO. 25 (Jefferson) On page 52, line 9, after "Projects", delete the remainder of the line Payable from State General Fund (Direct) $578,000" AMENDMENT NO. 26 AMENDMENT NO. 36 On page 52, between lines 32 and 33, insert the following: On page 58, between lines 6 and 7, insert the following: "(1189) Mooring Pier Repairs "(834) Barataria Blvd. Drainage Improvements Planning and Construction Barataria Blvd./Patriot Street To Ames Blvd. 47th DAY'S PROCEEDINGS Page 5 SENATE June 16, 1997

Planning and Construction On page 62, between lines 5 and 6, insert the following: (Jefferson) Payable from State General Fund (Direct) $500,000" "50/M18 BASKIN AMENDMENT NO. 37 (1248) Town Hall/Senior Citizens Complex On page 58, between lines 17 and 18, insert the following: Planning and Construction (Franklin) "(840) Ames Boulevard Drainage Improvements Payable from State General Fund (Direct) $50,000" Provide Subsurface Drainage along Ames Blvd. between Barataria Blvd. and Ellender School AMENDMENT NO. 42 Planning and Construction On page 62, between lines 19 and 20, insert the following: (Jefferson) Payable from State General Fund (Direct) $189,000" "50/M24 BERWICK AMENDMENT NO. 38 (1249) Sanitary Sewer Collection On page 59, between lines 21 and 22, insert the following: and Transport System Planning and Construction "50/J43 SABINE PARISH (St. Mary) Payable from State General Fund (Direct) $230,000 (869) Sabine Parish Public Health Unit Planning, Construction, and Acquisitions 50/M31 BREAUX BRIDGE ($308,500 Local Match) (Sabine) ( ) Reese Street Improvement Payable from State General Fund (Direct) $936,264" (LA 328 in Breaux Bridge) Planning and Construction AMENDMENT NO. 39 (St. Martin) On page 60, between lines 28 and 29, insert the following: Payable from State General Fund (Direct) $400,000 "50/J50 ST. MARTIN PARISH The capital outlay budget request for this project was submitted after the November 1st deadline, but it has been approved by the Joint Legislative (876) St. Martin Parish Ag Building Capital Outlay Committee pursuant to the provisions of R.S. 39:112. Renovation/Code Update 114 Court House Street, Breaux Bridge, La., Provided, however, that $400,000 of the State General Fund (Direct) Planning and Construction appropriation for this project is not payable from revenues becoming (St. Martin) available as a result of the advance payment of debt in Fiscal Year 1996- Payable from State General Fund (Direct) $438,000" 97." (877) Improvements To Bayou Portage AMENDMENT NO. 43 Guidry, Coulee De Portage And Coulee On page 62, between lines 30 and 31, insert the following: Nicholas, Planning and Construction (St. Martin) "50/M57 COVINGTON Payable from funds received by the State Bond Commission as a result of (908) Menetre Boat Launch Site prepayments on reimbursement contracts $1,500,000 Paving and Improvements (St. Tammany) AMENDMENT NO. 40 Payable from State General Fund (Direct) $56,000" On page 61, after line 42, insert the following: (910) Covington Water Well and Connecting Lines "( ) Town of Franklinton Industrial Park Planning and Construction Acquisition, Site Preparation and Improvements, (St. Tammany) Planning, and Construction Payable from funds received by the (Washington) State Bond Commission as a result of Payable from State General Fund (Direct) $250,000 prepayments on reimbursement contracts $500,000 The capital outlay budget request for this project was submitted after the (911) First Avenue Park, Phase II November 1st deadline, but it has been recommended by the secretary Planning and Construction of the Department of Economic Development pursuant to the provisions (St. Tammany) of R.S. 39:112. Payable from State General Fund (Direct) $87,999" 50/J64 WINN PARISH AMENDMENT NO. 44 On page 62, between lines 38 and 39, insert the following: ( ) Gum Springs Road, Parish Road 774 in Winn Parish, Repair and Reconstruction "(1258) Franklin Industrial Corridor (Winn) Waterline Extension, Planning and Payable from State General Fund (Direct) $480,000 Construction (St. Mary) The capital outlay budget request for this project was submitted after the Payable from State General Fund (Direct) $250,000" November 1st deadline, but has been recommended by the secretary of the Department of Economic Development pursuant to R. S. 39:112." AMENDMENT NO. 45 On page 64, between lines 26 and 27, insert the following: AMENDMENT NO. 41 Page 6 SENATE 47th DAY'S PROCEEDINGS June 16, 1997

"50/MH8 MANDEVILLE "50/MR9 SLIDELL (929) Galvez Street Ditch Improvements (1285) Slidell Campus of UNO Planning and Construction Acquisition of Leased Campus for UNO ($186,000 Local Match) (St. Tammany) (St. Tammany) Payable from State General Fund (Direct) $470,000" Payable from State General Fund (Direct) $930,000" AMENDMENT NO. 53 AMENDMENT NO. 46 On page 68, delete line 10, and insert the following: On page 64, delete lines 29 through 32. and insert the following: "Planning and Construction "(Ouachita)" ($200,000 Local Match) (Webster) AMENDMENT NO. 47 Payable from State General Fund (Direct) $300,000" On page 64, delete lines 37 through 39, and insert the following: AMENDMENT NO. 54 "Total $ 3,500,000" On page 68, between lines 25 and 26, insert the following: AMENDMENT NO. 48 "50/MV2 WEST MONROE On page 65, between lines 31 and 32, insert the following: (955) West Monroe Horse and Livestock "(930) Behrman Park Improvements, Pavilion, Planning, Design, and Construction Planning and Construction ($5,000,000 Local Match for Priority 5 Only) (Orleans) (Ouachita) Payable from State General Fund (Direct) $800,000" Payable from State General Fund (Direct) $250,000 AMENDMENT NO. 49 Provided, however, that $250,000 of the State General Fund (Direct) On page 66, between lines 37 and 38, insert the following: appropriation for this project is not payable from revenues becoming available as a result of the advance payment of debt in Fiscal Year 1996- "($100,000 Non-State Match)" 97." AMENDMENT NO. 50 AMENDMENT NO. 55 On page 66, between lines 40 and 41, insert the following: On page 71, between lines 30 and 31, insert the following: "50/ML8 NORWOOD "(963) Enterprise Park, Land Acquisition, Access Roads And Infrastructure Improvements, ( ) Water Well Renovations, Planning And Construction Planning and Construction (Orleans) (East Feliciana) Payable from State General Fund (Direct) $500,000" Payable from State General Fund (Direct) $198,000 AMENDMENT NO. 56 The capital outlay budget request for this project was submitted after the On page 72, between lines 10 and 11, insert the following: November 1st deadline, but it has been recommended by the secretary of the Department of Economic Development, pursuant to the "50 /N55 NORTHEAST ECONOMIC DEVELOPMENT provisions of R. S. 39:112. DISTRICT 50/MM5 OLLA (1482) Lake Providence Economic Development Convention Center, Completion of Building, ( ) Castor Creek Reservoir and Roof, and Renovation of Interior Dam, Study Planning and Construction (Caldwell, LaSalle, Winn) (East Carroll) Payable from State General Fund (Direct) $35,000" Payable from State General Fund (Direct) $450,000 AMENDMENT NO. 51 The capital outlay budget request for this project was submitted after the On page 67, after line 40, insert the following: November 1st deadline, but has been approved by the Joint Legislative Capital Outlay Committee pursuant to R. S. 39:112." "(948) Municipal Auditorium: Renovation Phase III Auditorium Improvements AMENDMENT NO. 57 Planning and Construction On page 72, line 36, change "RESOURCE" to "RESEARCH" (Caddo) Payable from State General Fund (Direct) $1,250,000 AMENDMENT NO. 58 On page 75, between lines 4 and 5, insert the following: (949) East West Road - Norris Ferry to I-49 Phase II "($200,000 Non-State Match)" Planning and Construction (Caddo) AMENDMENT NO. 59 Payable from State General Fund (Direct) $720,000" On page 75, between lines 27 and 28, insert the following: AMENDMENT NO. 52 "50 /ND1 ESLER INDUSTRIAL DEVELOPMENT On page 68, between lines 6 and 7, insert the following: DISTRICT 47th DAY'S PROCEEDINGS Page 7 SENATE June 16, 1997

(1325) Rehabilitation of Water Service at Cravins Johnson Tarver Esler Commerce Park and Airport Dardenne Jones Theunissen Planning and Construction Dean Jordan Ullo (Rapides) Total—39 Payable from State General Fund (Direct) $87,500 ABSENT Payable from Federal Funds $262,500 Total $350,000 Total—0 (1326) Improvement of Sanitary Sewer The President of the Senate announced there were 39 Senators System at Esler Commerce present and a quorum. Park and Airport Planning and Construction Senate Business Resumed (Rapides) Payable from State General Fund (Direct) $93,750 Payable from Federal Funds $281,250 Reports of Committees, Resumed Total $375,000 The following reports of committees were received and read: 50/NC9 RAPIDES COLISEUM AUTHORITY REPORT OF COMMITTEE ON (1324) Rapides Parish Coliseum Capital Preventive Maintenance Projects RETIREMENT Upgrading of Existing Facilities Planning and Construction Senator Heitmeier, Chairman on behalf of the Committee on (Rapides) Retirement, submitted the following report: Payable from State General Fund (Direct) $310,400" June 16, 1997 AMENDMENT NO. 60 On page 75, between lines 35 and 36, insert the following: To the President and Members of the Senate: "50/ND6 LAFOURCHE PARISH RECREATION DISTRICT I am directed by your Committee on Retirement to submit the following report: (853) Lafourche Parish Recreation District No. 2 Emergency, Recreation, and Community HOUSE BILL NO. 237— BY REPRESENTATIVE HEBERT Center AN ACT ($500,000 Local Match) To amend and reenact R.S. 11:565.1, relative to the Louisiana State (Lafourche) Employees' Retirement System; to provide with respect to service Payable from State General Fund (Direct) $487,840" credit and the actuarial purchase thereof; to authorize judges and officers of the court the option of purchasing credit for service as On motion of Senator Hainkel, the committee amendment was law clerk for a district judge; and to provide for related matters. adopted. Under the provisions of Joint Rule No. 3 of the Rules of the Senate, the amended bill was read by title and referred to the Legislative Reported favorably. Bureau. HOUSE BILL NO. 443— Recess BY REPRESENTATIVE HUDSON AN ACT On motion of Senator Landry, the Senate took a recess until 1:30 To amend and reenact R.S. 11:564, relative to the Louisiana State o'clock P.M. Employees' Retirement System; to allow judges to purchase judicial credit for service as an employee of an indigent defender After Recess program on an actuarial basis; to change the date allowable for purchasing such service credits; and to provide for related matters. The Senate was called to order at 1:30 o'clock P.M. by the President of the Senate. Reported favorably. HOUSE BILL NO. 570— ROLL CALL BY REPRESENTATIVE WARNER AN ACT The roll being called, the following members answered to their To amend and reenact R.S. 11:3363.1(H)(1) and (2) and (J), relative to names: the Firefighters' Pension and Relief Fund in the city of New Orleans; to provide relative to allowing a member, beneficiary, or PRESENT survivor to bring a civil action against the fund to enforce laws governing the retirement system; to provide with respect to the use Mr. President Dyess Lambert of commission recapture arrangement fee contracts for investment Bagneris Ellington Landry advisory services; and to provide for related matters. Bajoie Fields Lentini Barham Greene Malone Reported favorably. Bean Guidry Robichaux Branch Hainkel Romero Cain Heitmeier Schedler Campbell Hines Short Casanova Hollis Siracusa Cox Irons Smith Page 8 SENATE 47th DAY'S PROCEEDINGS June 16, 1997

HOUSE BILL NO. 571— Reported favorably. BY REPRESENTATIVE WARNER AN ACT HOUSE BILL NO. 1365— To amend and reenact R.S. 11:3378(B) and 3386, relative to the BY REPRESENTATIVE WARNER Firefighters' Pension and Relief Fund in the city of New Orleans; AN ACT to increase the amount for death benefits for deceased members; To amend and reenact R.S. 11:3383(A), 3384(B), and 3385.1(K)(4) to provide for an effective date when such death benefits become and to repeal R.S. 11:3380, relative to the Firefighters' Pension and payable; to reduce the years of creditable service for qualifying for Relief Fund in the city of New Orleans; to discontinue the a service retirement benefit under certain circumstances; and to minimum benefit to beneficiaries of deceased firefighters; to provide for related matters. provide with respect to standarizing the formula for the computation of retirement benefits; to make a technical correction Reported favorably. within the provisions of the Deferred Retirement Option Plan; to repeal the one dollar per day sick benefit for members who have HOUSE BILL NO. 573— exhausted such sick leave; and to provide for related matters. BY REPRESENTATIVE WARNER AN ACT Reported favorably. To amend and reenact R.S.11:3378(A)(1) and (2)(b) and (d), relative to the Firefighters' Pension and Relief Fund in the city of New HOUSE BILL NO. 1626— Orleans; to provide with respect to benefits; to further provide for BY REPRESENTATIVE DANIEL the continuation of widows and widowed mothers survivors AN ACT benefits upon remarriage; and to provide for related matters. To amend and reenact R.S. 11:450(D)(1), relative to the Louisiana State Employees' Retirement System; to provide with respect to the Reported favorably. Deferred Retirement Option Plan and the calculation of the base benefit of a member upon the entry of that member into the plan; HOUSE BILL NO. 574— to further provide an effective date and for retroactive application; BY REPRESENTATIVE WARNER and to provide for related matters. AN ACT To amend and reenact R.S. 11:3370(G), relative to the Firefighters' Reported favorably. Pension and Relief Fund in the City of New Orleans; to increase the maximum allowable limit on investment in equities; and to HOUSE BILL NO. 1975— provide for related matters. BY REPRESENTATIVE MONTGOMERY AN ACT Reported favorably. To amend and reenact R.S. 11:2175(E)(1), relative to the Sheriffs' Pension and Relief Fund; to provide with respect to reemployment HOUSE BILL NO. 575— after retirement; to provide income limits during reemployment on BY REPRESENTATIVE WARNER a part-time basis; and to provide for related matters. AN ACT To amend and reenact R.S. 11:3378(A)(1), relative to the Firefighters' Reported favorably. Pension and Relief Fund in the city of New Orleans; to provide with respect to survivor benefits; to provide for survivor benefit Respectfully submitted, payments when a firefighter dies within thirty days of an injury FRANCIS C. HEITMEIER received in the line of duty; to provide with respect to retroactive Chairman applicability of those survivor benefits; and to provide for related matters. REPORT OF COMMITTEE ON Reported favorably. LOCAL AND MUNICIPAL AFFAIRS HOUSE BILL NO. 952— BY REPRESENTATIVE THOMAS Senator Bajoie, Chairman on behalf of the Committee on Local AN ACT and Municipal To amend and reenact R.S. 11:3049 and to enact R.S. 11:3039.1, Affairs, submitted the following report: relative to the City of Bogalusa Employees' Retirement System; to provide with respect to the creation of a Deferred Retirement June 16, 1997 Option Plan; to provide with respect to the management and investment of the retirement system funds; to provide with respect To the President and Members of the Senate: to the deposit and distribution of such funds thereof; to provide for an effective date; and to provide for related matters. I am directed by your Committee on Local and Municipal Affairs to submit the following report: Reported favorably. HOUSE BILL NO. 1409— HOUSE BILL NO. 1180— BY REPRESENTATIVE BARTON BY REPRESENTATIVE MONTGOMERY AN ACT AN ACT To amend and reenact Section 2(A) of Act No. 19 of the 1970 Regular To amend and reenact R.S. 11:2178(I)(2) and (M)(7), (8), and (9) and Session of the Legislature, as amended by Act No. 623 of the 1974 to repeal R.S. 11:2178(M)(13) and (14), relative to the Sheriffs' Regular Session, Act No. 629 of the 1979 Regular Session, Act Pension and Relief Fund; to provide with respect to the Deferred No. 465 of the 1990 Regular Session, and Act No. 303 of the Retirement Option Plan; to provide for interest payable on deposits 1993 Regular Session, relative to the Shreveport-Bossier in the plan after termination of employment; to remove the penalty Convention and Tourist Commission; to provide relative to the for reemployment after withdrawal of funds from the plan; to composition of the commission; to establish limits on the terms a repeal certain distribution and assignability options in the plan; and commissioner may serve; and to provide for related matters. to provide for related matters. Reported with amendments. 47th DAY'S PROCEEDINGS Page 9 SENATE June 16, 1997

Respectfully submitted, HOUSE BILL NO. 571— DIANA E. BAJOIE BY REPRESENTATIVE WARNER Chairwoman AN ACT To amend and reenact R.S. 11:3378(B) and 3386, relative to the Firefighters' Pension and Relief Fund in the city of New Orleans; House Bills and Joint Resolutions to increase the amount for death benefits for deceased members; on Second Reading to provide for an effective date when such death benefits become Reported by Committees payable; to reduce the years of creditable service for qualifying for a service retirement benefit under certain circumstances; and to Senator Hainkel asked for and obtained a suspension of the rules provide for related matters. to take up at this time the following House Bills and Joint Resolutions just reported by Committees. Reported favorably by the Committee on Retirement. Under the provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was HOUSE BILL NO. 237— read by title and referred to the Legislative Bureau. BY REPRESENTATIVE HEBERT AN ACT HOUSE BILL NO. 573— To amend and reenact R.S. 11:565.1, relative to the Louisiana State BY REPRESENTATIVE WARNER Employees' Retirement System; to provide with respect to service AN ACT credit and the actuarial purchase thereof; to authorize judges and To amend and reenact R.S.11:3378(A)(1) and (2)(b) and (d), relative to officers of the court the option of purchasing credit for service as the Firefighters' Pension and Relief Fund in the city of New law clerk for a district judge; and to provide for related matters. Orleans; to provide with respect to benefits; to further provide for the continuation of widows and widowed mothers survivors Reported favorably by the Committee on Retirement. Under the benefits upon remarriage; and to provide for related matters. provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was read by title and referred to the Legislative Bureau. Reported favorably by the Committee on Retirement. Under the provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was HOUSE BILL NO. 336— read by title and referred to the Legislative Bureau. BY REPRESENTATIVES SCALISE, BARTON, BOWLER, BRUN, BRUNEAU, CLARKSON, FONTENOT, FRUGE, JENKINS, LANCASTER, PINAC, POWELL, SCHNEIDER, STELLY, WALSWORTH, WIGGINS, AND WINSTON AND HOUSE BILL NO. 574— SENATORS HAINKEL, DARDENNE, DEAN, HOLLIS, AND SHORT BY REPRESENTATIVE WARNER A JOINT RESOLUTION AN ACT Proposing to add Article X, Section 31 of the Constitution of Louisiana, To amend and reenact R.S. 11:3370(G), relative to the Firefighters' relative to public employees; to prohibit any municipality from Pension and Relief Fund in the City of New Orleans; to increase adopting or enforcing a policy requiring municipal fire or police the maximum allowable limit on investment in equities; and to employees to reside or have a domicile in a particular place unless provide for related matters. a proposition to allow such policy is approved by a majority of those voting thereon in an election held for such purpose; to Reported favorably by the Committee on Retirement. Under the provide for certain limitations; to provide for submission of the provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was proposed amendment to the electors; and to provide for related read by title and referred to the Legislative Bureau. matters. HOUSE BILL NO. 575— Reported favorably by the Committee on Finance. Under the BY REPRESENTATIVE WARNER provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was AN ACT read by title and referred to the Legislative Bureau. To amend and reenact R.S. 11:3378(A)(1), relative to the Firefighters' Pension and Relief Fund in the city of New Orleans; to provide HOUSE BILL NO. 443— with respect to survivor benefits; to provide for survivor benefit BY REPRESENTATIVE HUDSON payments when a firefighter dies within thirty days of an injury AN ACT received in the line of duty; to provide with respect to retroactive To amend and reenact R.S. 11:564, relative to the Louisiana State applicability of those survivor benefits; and to provide for related Employees' Retirement System; to allow judges to purchase matters. judicial credit for service as an employee of an indigent defender program on an actuarial basis; to change the date allowable for Reported favorably by the Committee on Retirement. Under the purchasing such service credits; and to provide for related matters. provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was read by title and referred to the Legislative Bureau. Reported favorably by the Committee on Retirement. Under the provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was HOUSE BILL NO. 720— read by title and referred to the Legislative Bureau. BY REPRESENTATIVE DUPRE A JOINT RESOLUTION HOUSE BILL NO. 570— Proposing to amend Article VII, Section 4(D) of the Constitution of BY REPRESENTATIVE WARNER Louisiana, to increase the maximum amount of the severance tax AN ACT on certain natural resources which is remitted to parish governing To amend and reenact R.S. 11:3363.1(H)(1) and (2) and (J), relative to authorities; to provide for submission of the proposed amendment the Firefighters' Pension and Relief Fund in the city of New to the electors; and to provide for related matters. Orleans; to provide relative to allowing a member, beneficiary, or survivor to bring a civil action against the fund to enforce laws Reported with amendments by the Committee on Finance. governing the retirement system; to provide with respect to the use of commission recapture arrangement fee contracts for investment SENATE COMMITTEE AMENDMENTS advisory services; and to provide for related matters. Amendments proposed by Senate Committee on Finance to Engrossed Reported favorably by the Committee on Retirement. Under the House Bill No. 720 by Representative Dupre provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was read by title and referred to the Legislative Bureau. AMENDMENT NO. 1 Page 10 SENATE 47th DAY'S PROCEEDINGS June 16, 1997

On page 1, line 4, after "authorities;" insert "to provide an effective (a) In accordance with and as limited by the provisions of date;" Article VII, Section 10.3, at a minimum, twenty-five percent shall be appropriated for deposit in the Louisiana Stabilization Fund. AMENDMENT NO. 2 (b) After satisfying the requirements of Subsubparagraph (a) On page 2, line 3, delete "seven hundred fifty" and insert "five hundred" of this Subparagraph, the remainder may be appropriated only for the purpose of retiring or for the following purposes: AMENDMENT NO. 3 (i) Retiring or defeasance of bonds in advance and in addition to On page 2, line 5, after "production occurs." insert the following: the existing amortization requirements of the state. (ii) Providing for payments against the unfunded accrued "Effective July 1, 1999, one-third of the sulphur severance tax, but liability of the public retirement systems which are in addition to not to exceed one hundred thousand dollars; one-third of the any payments required for the annual amortization of the lignite severance tax, but not to exceed one hundred thousand unfunded accrued liability of the public retirement systems, dollars; one-fifth of the severance tax on all natural resources, required by Article X, Section 29(E)(2)(c) of this constitution; other than sulphur, lignite, or timber, but not to exceed seven however, any such payment to the public retirement systems shall hundred fifty thousand dollars; and three-fourths of the timber not be used, directly or indirectly, to fund cost-of-living increases severance tax shall be remitted to the governing authority of the for such systems. parish in which severance or production occurs." * * * §10.3. Revenue Louisiana Stabilization/Mineral Trust Fund AMENDMENT NO. 4 Section 10.3. (A) There is hereby established in the state treasury On page 2, line 19, after "dollars" insert "effective July 1, 1999" a Revenue Louisiana Stabilization/Mineral Trust Fund hereinafter referred to as the fund. Money shall be deposited in the fund as On motion of Senator Hainkel, the committee amendment was follows:" adopted. Under the provisions of Joint Rule No. 3 of the Rules of the Senate, the amended bill was read by title and referred to the Legislative AMENDMENT NO. 4 Bureau. On page 3, delete lines 1 through 24 HOUSE BILL NO. 873— BY REPRESENTATIVES DOWNER, ALARIO, R. ALEXANDER, BARTON, AMENDMENT NO. 5 BRUNEAU, CRANE, DANIEL, DEWITT, DEVILLE, DIMOS, DONELON, On page 4, delete lines 24 through 26, and insert the following: DUPRE, FLAVIN, FRITH, HEBERT, JETSON, JOHNS, KENNEY, LANCASTER, LEBLANC, LONG, MCDONALD, MCMAINS, MICHOT, RIDDLE, SCALISE, JOHN SMITH, STELLY, THOMPSON, TRICHE, WIGGINS, "(3) All money appropriated in accordance with Article VII, CLARKSON, FRUGE, AND WRIGHT AND SENATOR EWING Section 10(D) of this constitution shall be deposited in the fund. A JOINT RESOLUTION (B) Money in the fund shall be invested as provided by law. Proposing to amend Article VII, Sections 10(B) and (D)(2) and 10.3 of Earnings realized in each fiscal year on the investment of monies in the the Constitution of Louisiana, relative to the expenditure of state fund shall be deposited to the credit of the fund. The money in the fund funds; to provide for allowable uses of nonrecurring revenues; to shall not be available for appropriation except under the following restructure and rename the "Revenue Stabilization/Mineral Trust conditions: Fund" within the state treasury; to establish certain accounts within (1) If the official forecast of recurring money for a the next fiscal the fund; to provide for deposit of certain monies into the fund; to year is less than revenues received by the state in the preceding the provide for allowable uses of monies in the fund; to provide for official forecast of recurring money for the current fiscal year, the submission of the proposed amendment to the electors; and to difference, not to exceed one-third of the fund, may be incorporated into provide for related matters. the next year's official forecast only after the consent of two-thirds of the elected members of each house of the legislature. If the legislature Reported with amendments by the Committee on Finance. is not in session, the two-thirds requirement may be satisfied upon obtaining the written consent of two-thirds of the elected members of SENATE COMMITTEE AMENDMENTS each house of the legislature in a manner provided by law. The amount of the fund so incorporated may be appropriated for any purpose. Amendments proposed by Senate Committee on Finance to Re- (2) If a deficit for the current fiscal year is projected due to a Reengrossed House Bill No. 873 by Representative Downer decrease in the official forecast of recurring money, an amount equal to one-third of the fund not to exceed the projected deficit may be AMENDMENT NO. 1 appropriated after the consent of two-thirds of the elected members of On page 1, line 3, after "relative to" delete the remainder of the line and each house of the legislature. Between sessions of the legislature the insert the following: appropriation may be made only after the written consent of two-thirds of the elected members of each house of the legislature. "appropriations; to abolish the Revenue Stabilization/Mineral Trust (3) In no event shall the amount included in the official forecast Fund and establish the Louisiana Stabilization Fund; to provide that the for the next fiscal year plus the amount appropriated in the current fiscal legislature appropriate certain nonrecurring revenue to the Louisiana year exceed one-third of the fund balance at the beginning of the current Stabilization Fund; to provide for credits to and investment of the fund; fiscal year. to provide for instances when the fund may be appropriated; to provide (4) The legislature may annually appropriate earnings realized on for a maximum fund balance; and to specify an election for submission investment of monies in the fund but only for the following purposes: of the proposition to electors; and provide a ballot proposition." first, to provide for the annual amortization of the unfunded accrued liability of the public retirement systems, required by Article X, Section AMENDMENT NO. 2 29 of this constitution and for such further payments against the On page 1, delete lines 4 through 9 unfunded accrued liability as the legislature may provide; second, to provide for the retirement in advance of maturity through redemption, AMENDMENT NO. 3 purchase, or repayment of state debt; and third, after satisfying the On page 2, delete lines 20 through 26 and insert the following: above requirements, as provided by law. (C) The base may be increased every ten years beginning in the "(2) Except as otherwise provided in this constitution, the year 2000 by a law enacted by two-thirds of the elected members of appropriation of any money designated in the official forecast as each house of the legislature. Any such increase shall not exceed fifty nonrecurring shall be made only as follows: percent in the aggregate of the increase in the consumer price index for 47th DAY'S PROCEEDINGS Page 11 SENATE June 16, 1997 the immediately preceding ten years. No appropriation to the fund On motion of Senator Hainkel, the committee amendment was shall be made if such appropriation would cause the fund balance adopted. Under the provisions of Joint Rule No. 3 of the Rules of the to exceed four percent of total state revenue receipts for the Senate, the amended bill was read by title and referred to the Legislative previous fiscal year." Bureau. AMENDMENT NO. 6 HOUSE BILL NO. 952— Delete pages 5 through 7 BY REPRESENTATIVE THOMAS AN ACT AMENDMENT NO. 7 To amend and reenact R.S. 11:3049 and to enact R.S. 11:3039.1, On page 8, delete lines 1 through 16 relative to the City of Bogalusa Employees' Retirement System; to provide with respect to the creation of a Deferred Retirement AMENDMENT NO. 8 Option Plan; to provide with respect to the management and On page 8, delete lines 24 through 26, and insert the following: investment of the retirement system funds; to provide with respect to the deposit and distribution of such funds thereof; to provide for "To abolish the Revenue Stabilization/Mineral Trust Fund and to an effective date; and to provide for related matters. establish in its stead the Louisiana Stabilization Fund. At least 25% of nonrecurring revenue, as available, is to be deposited into the fund Reported favorably by the Committee on Retirement. Under the annually. With a 2/3rd's vote of each house of the legislature, up to 1/3rd provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was of the fund can be appropriated but only if there is a projected deficit in read by title and referred to the Legislative Bureau. the budget or the state's revenues are projected to drop for the ensuing HOUSE BILL NO. 1180— fiscal year. The fund is capped at 4% of the previous year's total state BY REPRESENTATIVE MONTGOMERY revenue. Also authorizes nonrecurring money to be used for payments AN ACT in addition to the annual amortization requirements for the unfunded To amend and reenact R.S. 11:2178(I)(2) and (M)(7), (8), and (9) and accrued liability of the public retirement systems. (Amends Article VII, to repeal R.S. 11:2178(M)(13) and (14), relative to the Sheriffs' Sections 10(B) and (D)(2) and 10.3) " Pension and Relief Fund; to provide with respect to the Deferred Retirement Option Plan; to provide for interest payable on deposits AMENDMENT NO. 9 in the plan after termination of employment; to remove the penalty On page 9, delete lines 1 through 17 for reemployment after withdrawal of funds from the plan; to repeal certain distribution and assignability options in the plan; and On motion of Senator Hainkel, the committee amendment was to provide for related matters. adopted. Under the provisions of Joint Rule No. 3 of the Rules of the Senate, the amended bill was read by title and referred to the Legislative Reported favorably by the Committee on Retirement. Under the Bureau. 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. 852— BY REPRESENTATIVE JACK SMITH HOUSE BILL NO. 1348— A JOINT RESOLUTION BY REPRESENTATIVES LEBLANC AND DOWNER AND SENATOR Proposing to amend Article VII, Section 7(B) of the Constitution of BAGNERIS Louisiana, relative to the Interim Emergency Board; to allow the AN ACT board to appropriate funds to avert an impending emergency; to To appropriate funds to defray the expenses of the Louisiana Judiciary, provide for submission of the proposed amendment to the electors; including the Supreme Court, Courts of Appeal, District Courts, and to provide for related matters. Criminal District Court of Orleans Parish, and other courts; and to provide for related matters. Reported with amendments by the Committee on Finance. Reported with amendments by the Committee on Finance. SENATE COMMITTEE AMENDMENTS SENATE COMMITTEE AMENDMENTS Amendments proposed by Senate Committee on Finance to Engrossed House Bill No. 852 by Representative Jack Smith Amendments proposed by Senate Committee on Finance to Reengrossed House Bill No. 1348 by Representative LeBlanc AMENDMENT NO. 1 On page 1, line 4, after "impending" insert "flood" AMENDMENT NO. 1 On page 1, line 4, after "courts;" insert "to provide for civil legal AMENDMENT NO. 2 assistance to certain needy persons and to create a fund for such On page 1, line 16, after "impending" insert "flood" purpose;" AMENDMENT NO. 3 AMENDMENT NO. 2 On page 2, line 8, after "shall be" delete the remainder of the line and On page 8, between lines 19 and 20, insert the following: insert "a situation consisting of an anticipated flood emergency which endangers an existing flood protection structure. The appropriation or "Section 3. A. The Fund for Louisianians in Need of Civil Legal indebtedness incurred for an impending flood emergency shall not Assistance, hereafter referred to in this Section as the "fund", is hereby exceed two hundred fifty thousand dollars for any one event or created in the state treasury. The fund shall be administered by the state occurrence." treasurer on behalf of the office of the judicial administrator of the Louisiana Supreme Court. AMENDMENT NO. 4 B. Monies in the fund shall be subject to annual appropriation by On page 2, delete lines 18 through 20, and insert "avert an impending the legislature but only as provided in this Section. Monies in the fund flood emergency defined to be an anticipated situation which endangers shall be invested by the state treasurer in the same manner as monies in an existing flood protection structure. Appropriations for such purposes the state general fund. Interest earned on investment of monies in the shall not exceed two hundred fifty thousand dollars for any one fund shall be deposited in and credited to the fund. All unexpended and situation. (Amends Article VII, Section 7(B))" unencumbered monies in the fund at the end of the fiscal year shall remain in the fund. Page 12 SENATE 47th DAY'S PROCEEDINGS June 16, 1997

C. Subject to and in accordance with the provisions of thisSection HOUSE BILL NO. 1365— and any applicable rules promulgated by the Louisiana Supreme Court, BY REPRESENTATIVE WARNER the administrator shall negotiate an agreement with a prime contractor AN ACT for the administration of programs of civil legal assistance. The terms To amend and reenact R.S. 11:3383(A), 3384(B), and 3385.1(K)(4) of each such contract shall be prescribed by the supreme court. Unless and to repeal R.S. 11:3380, relative to the Firefighters' Pension and prohibited from doing so, or otherwise restricted by its contract with the Relief Fund in the city of New Orleans; to discontinue the administrator or by any applicable rule or order of the supreme court, the minimum benefit to beneficiaries of deceased firefighters; to prime contractor may subcontract with one or more eligible service provide with respect to standarizing the formula for the providers for the provision of civil legal assistance. computation of retirement benefits; to make a technical correction D. Expenditures shall be made from the fund only for the purpose within the provisions of the Deferred Retirement Option Plan; to of providing legal assistance to indigents and defraying the reasonable repeal the one dollar per day sick benefit for members who have expenses incurred by the administrator in administering the fund. exhausted such sick leave; and to provide for related matters. E. The following monies shall be deposited into the fund, or if any provision of law requires that they first be deposited elsewhere, shall be Reported favorably by the Committee on Retirement. Under the transferred to the fund as soon thereafter as is practicable: provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was (1) Donations or grants to the fund from any person or entity, read by title and referred to the Legislative Bureau. including but not limited to any individual, corporation, foundation, bar association, or agencies of government other than the state of Louisiana. HOUSE BILL NO. 1409— BY REPRESENTATIVE BARTON (2) Any monies held by a court in connection with a judgment or AN ACT settlement disposing of a class action which are ordered to be paid to the To amend and reenact Section 2(A) of Act No. 19 of the 1970 Regular fund because they have not been timely claimed by class members who Session of the Legislature, as amended by Act No. 623 of the 1974 might have been entitled to claim them, or are otherwise no longer Regular Session, Act No. 629 of the 1979 Regular Session, Act subject to the timely claim of any known private person. No. 465 of the 1990 Regular Session, and Act No. 303 of the (3) Such funds as may be provided for deposit into the fund by the 1993 Regular Session, relative to the Shreveport-Bossier Louisiana State Bar Association. Convention and Tourist Commission; to provide relative to the (4) Any fines or assessments paid in compliance with judicial composition of the commission; to establish limits on the terms a sanctions which a judge or a court orders to be paid into the fund. commissioner may serve; and to provide for related matters. (5) Any other revenues lawfully made available. F. The administrator shall each year cause an independent audit to Reported with amendments by the Committee on Local and be made of the fund and shall promptly provide the report of the audit Municipal Affairs. findings to the governor, the president of the Senate, the speaker of the House of Representatives, and the chief justice of the supreme court, SENATE COMMITTEE AMENDMENTS together with an annual report indicating the amount and source of monies deposited into the fund, the names of the fund's prime Amendments proposed by Senate Committee on Local and Municipal contractors, subcontractors, grantees, and recipients, the amount of Affairs to Reengrossed House Bill No. 1409 by Representative Barton funds disbursed to each recipient, and such other financial and performance information as the supreme court may require by rule. AMENDMENT NO. 1 G. The legislature may direct the state treasury to deposit any On page 2, at the end of line 3, delete “two of whom shall have” monies appropriated to the fund on a quarterly or other basis as may be determined in each year's appropriation. AMENDMENT NO. 2 H. As used in this Section, the following terms shall have the On page 2, delete line 4 completely meaning ascribed in this Section unless the context clearly requires a different meaning: AMENDMENT NO. 3 (1) "Administrator" shall mean the judicial administrator of the On page 2, at the beginning of line 5, delete “commission and” Louisiana Supreme Court. (2) "Civil legal assistance" shall mean the creation, fostering, On motion of Senator Bajoie, the committee amendment was promotion, development, coordination, and provision of programs adopted. Under the provisions of Joint Rule No. 3 of the Rules of the offering and providing legal counsel and representation by attorneys and Senate, the amended bill was read by title and referred to the Legislative other legal services for the needy or indigent persons in civil matters and Bureau. all legal matters other than criminal cases, including but not limited to judicial proceedings, arbitrations, alternative dispute resolution HOUSE BILL NO. 1530— procedures, mediation procedures, and legal ombudsmanship. BY REPRESENTATIVE WINDHORST (3) "Eligible service provider" shall mean a nonprofit corporation AN ACT organized under the laws of Louisiana which, in addition, meets any To amend and reenact R.S. 47:820.5(B)(2), relative to the uses of toll other requirements which the supreme court by rule may impose. revenues from the Greater New Orleans Mississippi River Bridges; (4) "Prime contractor" shall mean the Louisiana Bar Foundation, to provide for additional projects that may be funded by excess the Louisiana State Bar Association, or an eligible service provider with revenues; and to provide for related matters. whom the judicial administrator contracts for the administration of programs of civil legal assistance. Preference in negotiating and Reported with amendments by the Committee on Finance. entering into such contracts shall be given first to the Louisiana Bar Foundation and next to the Louisiana State Bar Association." SENATE COMMITTEE AMENDMENTS On motion of Senator Hainkel, the committee amendment was Amendments proposed by Senate Committee on Finance to adopted. Under the provisions of Joint Rule No. 3 of the Rules of the Reengrossed House Bill No. 1530 by Representative Windhorst Senate, the amended bill was read by title and referred to the Legislative Bureau. AMENDMENT NO. 1 Delete Senate Committee Amendment proposed by the Senate Committee on Transportation, Highways, and Public Works and adopted by the Senate on May 22, 1997 AMENDMENT NO. 2 47th DAY'S PROCEEDINGS Page 13 SENATE June 16, 1997

On page 2, at the beginning of line 23, delete "extension of Peters Road On page 6, at the beginning of line 14, insert "and rigorous student to Louisiana Highway 23" achievement standards set with reference to test scores of students of the same grade level nationally" On motion of Senator Hainkel, the committee amendment was adopted. Under the provisions of Joint Rule No. 3 of the Rules of the AMENDMENT NO. 7 Senate, the amended bill was read by title and referred to the Legislative Delete Senate Committee Amendment No. 12 proposed by the Senate Bureau. Committee on Education and adopted by the Senate on May 30, 1997 HOUSE BILL NO. 1626— AMENDMENT NO. 8 BY REPRESENTATIVE DANIEL On page 6, at the end of line 20, insert the following: AN ACT To amend and reenact R.S. 11:450(D)(1), relative to the Louisiana State "The State Board of Elementary and Secondary Education, Employees' Retirement System; to provide with respect to the upon initial implementation of the tests provided for in this Deferred Retirement Option Plan and the calculation of the base Subsection, shall establish by rule adopted in accordance with the benefit of a member upon the entry of that member into the plan; Administrative Procedure Act the adequate test score to determine to further provide an effective date and for retroactive application; successful performance of the student on each test provided for by and to provide for related matters. this Subsection." Reported favorably by the Committee on Retirement. Under the AMENDMENT NO. 9 provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was On page 7, line 1 after "to" and before "a" insert " "at least" read by title and referred to the Legislative Bureau. On motion of Senator Hainkel, the committee amendment was HOUSE BILL NO. 1865— adopted. Under the provisions of Joint Rule No. 3 of the Rules of the BY REPRESENTATIVE BRUN AN ACT Senate, the amended bill was read by title and referred to the Legislative To amend and reenact R.S. 17:24.4 and to repeal R.S. 17:100.7, relative Bureau. to the assessment of public elementary and secondary school HOUSE BILL NO. 1975— students; to provide for the Achievement and Performance BY REPRESENTATIVE MONTGOMERY Program for Students, including provisions relative to the AN ACT Louisiana Education Assessment Program; to provide for certain To amend and reenact R.S. 11:2175(E)(1), relative to the Sheriffs' testing of students; to provide relative to testing requirements and Pension and Relief Fund; to provide with respect to reemployment the schedule for testing; to provide for student progression plans; after retirement; to provide income limits during reemployment on to provide for content standards and for performance standards; to a part-time basis; and to provide for related matters. provide relative to the duties and responsibilities of the State Board of Elementary and Secondary Education, the state Department of Reported favorably by the Committee on Retirement. Under the Education, and city and parish school boards; to provide relative to provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was the Louisiana Educational Assessment Testing Commission; to read by title and referred to the Legislative Bureau. provide for implementation; and to provide for related matters. HOUSE BILL NO. 2134— Reported with amendments by the Committee on Finance. BY REPRESENTATIVES WINDHORST AND DEWITT AN ACT SENATE COMMITTEE AMENDMENTS To enact R.S. 40:1379(D), relative to the office of state police, public safety services, of the Department of Public Safety and Amendments proposed by Senate Committee on Finance to Corrections; to provide for personnel who are commissioned police Reengrossed House Bill No. 1865 by Representative Brun employees of the office; and to provide for related matters. AMENDMENT NO. 1 Reported with amendments by the Committee on Finance. On page 6, line 2, after "content" and before "standards" delete "and performance" SENATE COMMITTEE AMENDMENTS AMENDMENT NO. 2 Amendments proposed by Senate Committee on Finance to Engrossed On page 6, line 2, after "standards" and before "shall" insert "and House Bill No. 2134 by Representative Windhorst rigorous student achievement standards set with reference to test scores of students of the same grade level nationally" AMENDMENT NO. 1 On page 1, line 13, after "Section" delete the period and insert ", AMENDMENT NO. 3 provided that nothing prescribed in this Section shall in any way qualify On page 6, at the end of line 8, delete "and" and at the beginning of line or authorize such other police employees to receive state supplemental 9 delete "performance" pay." AMENDMENT NO. 4 On motion of Senator Hainkel, the committee amendment was On page 6, line 9, after "standards" and before "shall" insert "and adopted. Under the provisions of Joint Rule No. 3 of the Rules of the rigorous student achievement standards set with reference to test scores Senate, the amended bill was read by title and referred to the Legislative of students of the same grade level nationally" Bureau. AMENDMENT NO. 5 HOUSE BILL NO. 2370— On page 6, line 13, after "content" and before "standards" delete "and BY REPRESENTATIVE LEBLANC performance" AN ACT To appropriate funds from certain sources to be allocated to designated AMENDMENT NO. 6 agencies and designated purposes in specific amounts for the purpose of making supplemental appropriations for certain initiatives for the funding of said agencies and purposes during the 1996-1997 Fiscal Year and for retiring or defeasing debt of the Page 14 SENATE 47th DAY'S PROCEEDINGS June 16, 1997

state; to void a certain provision of Act 45 of the 1996 Regular I am directed to inform your honorable body that the House of Session of the Legislature; and to provide for related matters. Representatives has finally passed and asks your concurrence in the following House Bills and Joint Resolutions: Reported with amendments by the Committee on Finance. HOUSE BILL NO. 2408— SENATE COMMITTEE AMENDMENTS BY REPRESENTATIVE MORRELL AN ACT Amendments proposed by Senate Committee on Finance to To amend and reenact R.S. 27:318(A), relative to certain video draw Reengrossed House Bill No. 2370 by Representative LeBlanc poker device revenues; to provide with respect to the distribution of device revenues at particular licensed establishments; and to AMENDMENT NO. 1 provide for related matters. On page 1, line 22, delete "6,000,000" and insert "5,400,000" Respectfully submitted, AMENDMENT NO. 2 ALFRED W. SPEER On page 4, between lines 15 and 16, insert the following: Clerk of the House of Representatives "19-662 LOUISIANA EDUCATIONAL TELEVISION AUTHORITY Message from the House Payable out of the State General Fund (Direct) for PASSED SENATE BILLS AND a one-time match for federal funds for purposes of JOINT RESOLUTIONS providing a cost sharing of a transmitting tower with station KNOE in Monroe $ 600,000" June 16, 1997 On motion of Senator Hainkel, the committee amendment was To the Honorable President and Members of the Senate: adopted. Under the provisions of Joint Rule No. 3 of the Rules of the Senate, the amended bill was read by title and referred to the Legislative I am directed to inform your honorable body that the House of Bureau. Representatives has finally passed the following Senate Bills and Joint Resolutions: HOUSE BILL NO. 2520 (Substitute for House Bill No. 510 by Representative Crane)— SENATE BILL NO. 460— BY REPRESENTATIVE CRANE BY SENATOR HINES AN ACT AN ACT To enact R.S. 17:3386(C) and (D), relative to retention of surplus To amend and reenact the introductory paragraph of R.S. funds; to provide for limitations on surplus funds which may be 39:1482(F)(1), relative to professional, personal, consulting, and retained from one fiscal year and carried forward to the next fiscal social services procurement; to provide for an exception from the year; and to provide for related matters. procurement code for certain special education services; and to provide for related matters. Reported with amendments by the Committee on Finance. Reported without amendments. SENATE COMMITTEE AMENDMENTS SENATE BILL NO. 833— Amendments proposed by Senate Committee on Finance to BY SENATORS HAINKEL, DARDENNE AND EWING Reengrossed House Bill No. 2520 by Representative Crane AN ACT To amend and reenact R.S. 43:1(A), relative to public printing; to AMENDMENT NO. 1 provide an exemption for certain schools and higher education On page 2, line 2, change "three" to "two" institutions from the requirement of print purchases through the central purchasing agency in the division of administration; and to AMENDMENT NO. 2 provide for related matters. On page 2, line 3, after "prior" insert "fiscal" Reported without amendments. On motion of Senator Hainkel, the committee amendment was adopted. Under the provisions of Joint Rule No. 3 of the Rules of the SENATE BILL NO. 834— BY SENATORS HAINKEL, DARDENNE AND EWING Senate, the amended bill was read by title and referred to the Legislative AN ACT Bureau. To amend and reenact R.S. 38:2290(B), relative to closed specifications of products used in the construction of public buildings; to permit Messages from the House the use of closed specifications where a person has the right to exclusive distribution of the product in certain limited The following Messages from the House were received and read circumstances; and to provide for related matters. as follows: Reported without amendments. Message from the House SENATE BILL NO. 837— ASKING CONCURRENCE IN BY SENATORS HAINKEL, DARDENNE AND EWING HOUSE BILLS AND JOINT RESOLUTIONS AN ACT To amend and reenact R.S. 39:1596, relative to methods of source June 16, 1997 selection, to provide for small purchase procurements; and to provide for related matters. To the Honorable President and Members of the Senate: Reported without amendments. 47th DAY'S PROCEEDINGS Page 15 SENATE June 16, 1997

SENATE BILL NO. 839— Respectfully submitted, BY SENATORS HAINKEL, DARDENNE AND EWING ALFRED W. SPEER AN ACT Clerk of the House of Representatives To amend and reenact R.S. 39:1594(I), relative to the Louisiana Procurement Code; to provide with respect to methods of source selection; to provide for exemption; and to provide for related House Bills and Joint Resolutions matters. Senator Hainkel asked for and obtained a suspension of the rules Reported without amendments. to take up at this time the following House Bills and Joint Resolutions just received from the House which were taken up, read a first and second time by their titles and acted upon as follows: SENATE BILL NO. 846— BY SENATOR SCHEDLER AN ACT HOUSE BILL NO. 2408— To amend and reenact R.S. 47:463.8(A)(1) and (B), relative to motor BY REPRESENTATIVE MORRELL vehicles; to provide relative to antique license plates; to provide AN ACT relative to plates for antique vehicles; to authorize the issuance of To amend and reenact R.S. 27:318(A), relative to certain video draw such plates to trucks; and to provide for related matters. poker device revenues; to provide with respect to the distribution of device revenues at particular licensed establishments; and to Reported without amendments. provide for related matters. On motion of Senator Bagneris, the bill was read by title and SENATE BILL NO. 593— BY SENATORS HAINKEL, DARDENNE, EWING, BAGNERIS AND referred to the Committee on Judiciary B. SCHEDLER AN ACT Special Order of the Day To amend and reenact Children's Code Art. 672, relative to children in need of care whose custody is assigned to the Department of Social The following Senate Resolution on Third Reading and Final Services; to provide for the department's authority over placements Passage, which was made Special Order of the Day No. 1, was taken up and allocation of resources; to provide for the obligation of other and acted upon as follows: public agencies and institutions; and to provide for related matters. SENATE RESOLUTION NO. 43— Reported without amendments. BY SENATORS HOLLIS, BAGNERIS, CRAVINS, AND HEITMEIER A RESOLUTION SENATE BILL NO. 594— To approve a new casino operating contract. BY SENATORS HAINKEL, DARDENNE, EWING AND BAGNERIS AN ACT On motion of Senator Hollis, the bill was read by title and returned To amend and reenact R.S. 40:600.4(A)(2), relative to the Louisiana to the Calendar, subject to call. Housing Finance Agency; to provide for membership of the board of commissioners; and to provide for related matters. Special Order of the Day Reported without amendments. The following House Bill on Third Reading and Final Passage, SENATE BILL NO. 635— which was made Special Order of the Day No. 2, was taken up and BY SENATORS HAINKEL, DARDENNE, EWING AND ROMERO acted upon as follows: AN ACT To enact R.S. 30:136.3, relative to the Department of Natural HOUSE BILL NO. 2513 (Substitute for House Bill No. 401 by Resources; to provide relative to the office of mineral resources; to Representative Donelon)— BY REPRESENTATIVES DONELON, MCMAINS, CLARKSON, JOHNS, AND create the Mineral Resources Audit and Collection Fund in the WIGGINS state treasury; to provide relative to the monies in such fund; and AN ACT to provide for related matters. To enact the Omnibus Premium Reduction Act of 1997, to amend and reenact Civil Code Article 2924(B), R.S. 22:1406(D)(1)(a), and Reported without amendments. R.S. 32:863.1(C)(1)(b) and 863.2(A)(1) and (2) and to enact Civil Code Article 2324.3, Code of Evidence Article 416, and R.S. SENATE BILL NO. 829— 32:863.1(F) and 866, all relative to the recovery of certain civil BY SENATORS HAINKEL, DARDENNE AND EWING AN ACT damages and other factors which relate to the availability and cost To amend and reenact R.S. 39:1503(A)(1) and (2), relative to of obtaining security to cover such damages; to provide for the rate consulting and social service contracts; to reduce the number of of judicial interest; to provide for the reduction of damages arising advertisements required for request for proposals; to reduce the out of a motor vehicle accident by an amount paid or payable from time requirement for advertising prior to accepting proposals for collateral sources and for the admissibility of the payment of consulting services; and to provide for related matters. expenses or costs from a collateral source; to authorize the issuance of "economic-only" uninsured motorists coverage; to provide with Reported without amendments. respect to proof of compulsory motor vehicle liability security; to provide for the seizure and sequestration of vehicles which are SENATE BILL NO. 831— operated without proof of insurance; to provide for the redemption BY SENATORS HAINKEL, DARDENNE AND EWING of those vehicles; to provide for notification of issuance and AN ACT cancellation of insurance; to reduce otherwise recoverable damages To amend and reenact R.S. 38:2241(A)(2), relative to public contracts; for failure to maintain liability insurance coverage; to require the to increase the minimum contract amount for required reduction in automobile liability insurance rates; to provide for the performance and payment bonds from five thousand to ten filing of insurance rate reductions; to provide for contingency rules thousand dollars; and to provide for related matters. for premium rate filings; to provide with respect to the severability of provisions hereof; to authorize the taking of a declaratory Reported without amendments. judgment; to provide an effective date; and to provide for related matters. Page 16 SENATE 47th DAY'S PROCEEDINGS June 16, 1997

On motion of Senator Hainkel, the bill was read by title and Mr. President Ellington Lambert returned to the Calendar, subject to call. Bajoie Fields Landry Barham Greene Lentini Rules Suspended Bean Guidry Malone Branch Hainkel Romero Senator Hainkel asked for and obtained a suspension of the rules Cain Heitmeier Schedler for the purpose of advancing to the order of Campbell Hines Short Cox Hollis Siracusa Cravins Irons Smith House Bills and Joint Resolutions on Dardenne Johnson Tarver Third Reading Dean Jones Theunissen and Final Passage Dyess Jordan Total—35 The following House Bills and Joint Resolutions on third reading NAYS and final passage were taken up and acted upon as follows: Total—0 HOUSE BILL NO. 9— ABSENT BY REPRESENTATIVE BRUNEAU AN ACT Bagneris Robichaux To amend and reenact R.S. 9:2796(A), relative to offenses and quasi Casanova Ullo offenses; to limit liability of krewes conducting parades held on Total—4 streets or waterways, or in buildings; and to provide for related matters. The Chair declared the bill was passed. The title was read and adopted. Senator Hainkel moved to reconsider the vote by which the Rules Suspended bill was passed and laid the motion on the table. Senator Branch asked for a suspension of the rules for the purpose HOUSE BILL NO. 32— of invoking 5 minute cloture. BY REPRESENTATIVES GUILLORY, BRUCE, DUPRE, HEATON, PERKINS, AND ROMERO AN ACT Senator Jordan objected. To amend and reenact R.S. 27:101(A), 266(A), and 322(A), relative to gaming establishments; to prohibit use of property titles for gaming ROLL CALL activities; and to provide for related matters. The roll was called with the following result: The bill was read by title. Senator Cox moved the final passage of the bill. YEAS Bajoie Dyess Malone ROLL CALL Barham Ellington Romero The roll was called with the following result: Bean Hainkel Schedler Branch Heitmeier Short YEAS Cain Hines Siracusa Campbell Jones Smith Mr. President Ellington Landry Casanova Lambert Tarver Bajoie Fields Lentini Dardenne Landry Theunissen Barham Greene Malone Dean Lentini Branch Guidry Romero Total—26 Cain Heitmeier Schedler NAYS Campbell Hines Short Casanova Hollis Siracusa Fields Irons Jordan Cox Irons Smith Guidry Johnson Ullo Cravins Johnson Tarver Total—6 Dardenne Jones Theunissen ABSENT Dean Jordan Ullo Dyess Lambert Mr. President Cravins Robichaux Total—35 Bagneris Greene Cox Hollis NAYS Total—7 Total—0 ABSENT The Chair declared the rules were suspended and 5 minute cloture was invoked. Bagneris Hainkel Bean Robichaux The bill was read by title. Senator Hainkel moved the final passage Total—4 of the bill. The Chair declared the bill was passed. The title was read and ROLL CALL adopted. Senator Cox moved to reconsider the vote by which the bill was passed and laid the motion on the table. The roll was called with the following result: YEAS 47th DAY'S PROCEEDINGS Page 17 SENATE June 16, 1997

HOUSE BILL NO. 43— Total—37 BY REPRESENTATIVE WARNER NAYS AN ACT To amend and reenact R.S. 14:100(C)(2), relative to the crime of hit- Total—0 and-run driving; to increase the penalty where death or serious ABSENT bodily injury results from the accident; and to provide for related matters. Greene Robichaux Total—2 The bill was read by title. Senator Jordan moved the final passage of the bill. The Chair declared the bill was passed. The title was read and adopted. Senator Dardenne moved to reconsider the vote by which the ROLL CALL bill was passed and laid the motion on the table. The roll was called with the following result: HOUSE BILL NO. 48— BY REPRESENTATIVES MURRAY, A. ALEXANDER, AND WELCH YEAS AN ACT To enact R.S. 15:1204(12), relative to the Louisiana Commission on Mr. President Dyess Lambert Law Enforcement and Administration of Criminal Justice; to Bajoie Ellington Landry require the commission to develop and implement a state medal of Barham Fields Lentini honor program for law enforcement officers killed in the line of Bean Guidry Malone duty; and to provide for related matters. Branch Hainkel Romero Cain Heitmeier Schedler On motion of Senator Bagneris, the bill was read by title and Campbell Hines Short returned to the Calendar, subject to call. Casanova Hollis Siracusa Cox Irons Smith HOUSE BILL NO. 76— BY REPRESENTATIVES FONTENOT, BARTON, CHAISSON, CLARKSON, Cravins Johnson Tarver DANIEL, DOERGE, DOWNER, FAUCHEUX, FLAVIN, FRITH, GUILLORY, Dardenne Jones Theunissen HILL, HOLDEN, ILES, LANCASTER, MCCAIN, MCMAINS, MICHOT, MITCHELL, MONTGOMERY, MORRISH, PIERRE, POWELL, RIDDLE, JACK Dean Jordan Ullo SMITH, STELLY, STRAIN, TRICHE, VITTER, WALSWORTH, WESTON, AND Total—36 WIGGINS NAYS AN ACT To amend and reenact R.S. 14:91.8 and R.S. 26:793(C)(1), relative to Total—0 crimes involving tobacco products; to prohibit the possession of ABSENT tobacco products by minors; to provide exceptions; and to provide for related matters. Bagneris Greene Robichaux Total—3 The bill was read by title. Senator Branch moved the final passage of the bill. The Chair declared the bill was passed. The title was read and adopted. Senator Jordan moved to reconsider the vote by which the bill ROLL CALL was passed and laid the motion on the table. The roll was called with the following result: HOUSE BILL NO. 44— BY REPRESENTATIVE WARNER AN ACT YEAS To enact R.S. 40:964(Schedule II)(D)(2), relative to controlled dangerous substances; to add Gamma Hydroxybutyric Acid as a Mr. President Dyess Lambert Schedule II depressant; and to provide for related matters. Bagneris Ellington Landry Bajoie Fields Lentini The bill was read by title. Senator Dardenne moved the final Barham Guidry Malone passage of the bill. Bean Hainkel Romero Branch Heitmeier Schedler Cain Hines Short ROLL CALL Campbell Hollis Siracusa Casanova Irons Smith The roll was called with the following result: Cravins Johnson Tarver Dardenne Jones Theunissen YEAS Dean Jordan Ullo Total—36 Mr. President Dyess Landry NAYS Bagneris Ellington Lentini Bajoie Fields Malone Total—0 Barham Guidry Romero ABSENT Bean Hainkel Schedler Branch Heitmeier Short Cox Greene Robichaux Cain Hines Siracusa Total—3 Campbell Hollis Smith Casanova Irons Tarver The Chair declared the bill was passed. The title was read and Cox Johnson Theunissen adopted. Senator Branch moved to reconsider the vote by which the bill Cravins Jones Ullo was passed and laid the motion on the table. Dardenne Jordan Dean Lambert Page 18 SENATE 47th DAY'S PROCEEDINGS June 16, 1997

HOUSE BILL NO. 79— Cravins Jones Ullo BY REPRESENTATIVE BARTON Dardenne Jordan AN ACT Dean Lambert To amend and reenact R.S. 13:1880(A), relative to the qualifications of Total—37 marshals of city courts; to provide for residence and educational NAYS requirements; to provide exceptions; and to provide for related matters. Total—0 ABSENT The bill was read by title. Senator Malone moved the final passage of the bill. Greene Robichaux Total—2 ROLL CALL The Chair declared the bill was passed. The title was read and The roll was called with the following result: adopted. Senator Theunissen moved to reconsider the vote by which the bill was passed and laid the motion on the table. YEAS HOUSE BILL NO. 91— Mr. President Dyess Lambert BY REPRESENTATIVES DUPRE, DOWNER, GAUTREAUX, MCDONALD, AND MARIONNEAUX Bagneris Ellington Lentini AN ACT Bajoie Fields Malone To amend and reenact R.S. 14:30.1(A)(2), relative to the crime of Barham Guidry Romero second degree murder; to include second degree kidnapping as one Bean Hainkel Schedler of the crimes during the perpetration of which a killing of a person Branch Heitmeier Short constitutes second degree murder; and to provide for related Cain Hines Siracusa matters. Campbell Hollis Smith Cox Irons Tarver The bill was read by title. Senator Lentini moved the final passage Cravins Johnson Theunissen of the bill. Dardenne Jones Ullo Dean Jordan Total—35 ROLL CALL NAYS The roll was called with the following result: Total—0 ABSENT YEAS Casanova Landry Mr. President Dyess Lambert Greene Robichaux Bagneris Ellington Landry Total—4 Bajoie Fields Lentini Barham Greene Malone The Chair declared the bill was passed. The title was read and Bean Guidry Romero adopted. Senator Malone moved to reconsider the vote by which the bill Branch Hainkel Schedler was passed and laid the motion on the table. Cain Heitmeier Short Campbell Hines Siracusa HOUSE BILL NO. 84— Casanova Hollis Smith BY REPRESENTATIVE FLAVIN Cox Irons Tarver AN ACT Cravins Johnson Theunissen To amend and reenact R.S. 15:708(A)(1) and to enact R.S. 30:2536(E), Dardenne Jones Ullo relative to limitation of liability; to include litter detail within labor Dean Jordan permitted by prisoners; to limit the liability of the sheriff for injury Total—38 or loss sustained by or caused by a prisoner except for intentional NAYS or grossly negligent acts; and to provide for related matters. Total—0 The bill was read by title. Senator Theunissen moved the final ABSENT passage of the bill. Robichaux ROLL CALL Total—1 The roll was called with the following result: The Chair declared the bill was passed. The title was read and adopted. Senator Lentini moved to reconsider the vote by which the bill YEAS was passed and laid the motion on the table. Mr. President Dyess Landry HOUSE BILL NO. 105— BY REPRESENTATIVE DUPRE Bagneris Ellington Lentini AN ACT Bajoie Fields Malone To amend and reenact Code of Criminal Procedure Art. 814(A)(10), Barham Guidry Romero relative to responsive verdicts in criminal trials; to change the Bean Hainkel Schedler order in which "simple rape" and "sexual battery" appear as Branch Heitmeier Short responsive verdicts to the crime of forcible rape; and to provide for Cain Hines Siracusa related matters. Campbell Hollis Smith Casanova Irons Tarver Cox Johnson Theunissen 47th DAY'S PROCEEDINGS Page 19 SENATE June 16, 1997

The bill was read by title. Senator Lentini moved the final passage ABSENT of the bill. Jordan Robichaux ROLL CALL Total—2 The roll was called with the following result: The Chair declared the bill was passed. The title was read and adopted. Senator Cain moved to reconsider the vote by which the bill YEAS was passed and laid the motion on the table. Mr. President Dyess Lambert HOUSE BILL NO. 113— BY REPRESENTATIVES ANSARDI, BRUNEAU, LANCASTER, AND Bagneris Ellington Landry MONTGOMERY AND SENATOR DARDENNE Bajoie Fields Lentini AN ACT Barham Greene Malone To amend and reenact R.S. 27:13(C)(6) and to enact R.S. 27:24(D), Bean Guidry Romero relative to the Louisiana Gaming Control Board; to remove the Branch Hainkel Schedler authority of the board to adopt certain prohibitions against gaming Cain Heitmeier Short licensees and permittees contributing to candidates or committees; Campbell Hines Siracusa to prohibit board members and employees and their family Casanova Hollis Smith members from receiving a contribution or loan from gaming Cox Irons Tarver licensees and permittees; to provide that the board shall not adopt Cravins Johnson Theunissen rules regarding campaign finance more restrictive than the Dardenne Jones Ullo Campaign Finance Disclosure Act; and to provide for related Dean Jordan matters. Total—38 NAYS The bill was read by title. Senator Dardenne moved the final passage of the bill. Total—0 ABSENT ROLL CALL Robichaux The roll was called with the following result: Total—1 YEAS The Chair declared the bill was passed. The title was read and adopted. Senator Lentini moved to reconsider the vote by which the bill Mr. President Dean Lentini was passed and laid the motion on the table. Bagneris Dyess Malone Bajoie Ellington Robichaux HOUSE BILL NO. 109— BY REPRESENTATIVES SALTER, DIMOS, FRUGE, JOHNS, MCCALLUM, Barham Fields Romero MCMAINS, AND WRIGHT Bean Greene Schedler AN ACT Branch Guidry Short To enact R.S. 17:416.11, relative to liability of school employees; to Cain Hainkel Siracusa provide that certain employees of school boards and approved Campbell Hines Smith nonpublic schools shall not be liable for acts related to their Casanova Hollis Tarver employment duties except in certain circumstances; and to provide Cox Jones Theunissen for related matters. Cravins Jordan Ullo Dardenne Lambert The bill was read by title. Senator Cain moved the final passage of Total—35 the bill. NAYS ROLL CALL Landry Total—1 The roll was called with the following result: ABSENT YEAS Heitmeier Irons Johnson Total—3 Mr. President Dyess Landry Bagneris Ellington Lentini The Chair declared the bill was passed. The title was read and Bajoie Fields Malone adopted. Senator Dardenne moved to reconsider the vote by which the Barham Greene Romero bill was passed and laid the motion on the table. Bean Guidry Schedler Branch Hainkel Short HOUSE BILL NO. 118— BY REPRESENTATIVES CARTER, BRUCE, HEATON, KENNARD, PERKINS, Cain Heitmeier Siracusa AND ROMERO Campbell Hines Smith AN ACT Casanova Hollis Tarver To enact R.S. 14:52.1, relative to simple arson; to create the crime of Cox Irons Theunissen simple arson of a religious building; to provide penalties; and to Cravins Johnson Ullo provide for related matters. Dardenne Jones Dean Lambert The bill was read by title. Senator Fields moved the final passage Total—37 of the bill. NAYS Total—0 Page 20 SENATE 47th DAY'S PROCEEDINGS June 16, 1997

ROLL CALL The Chair declared the bill was passed. The title was read and adopted. Senator Short moved to reconsider the vote by which the bill The roll was called with the following result: was passed and laid the motion on the table. YEAS HOUSE BILL NO. 160— BY REPRESENTATIVE LONG AN ACT Mr. President Dean Lambert To enact R.S. 13:2614, relative to justice of the peace courts; to provide Bagneris Dyess Landry for territorial jurisdiction of justice of the peace courts and Bajoie Ellington Lentini constables in Natchitoches Parish; and to provide for related Barham Fields Malone matters. Bean Greene Robichaux Branch Guidry Romero The bill was read by title. Senator Smith moved the final passage Cain Hainkel Siracusa of the bill. Campbell Hines Smith Casanova Hollis Theunissen Cox Jones Ullo ROLL CALL Dardenne Jordan Total—32 The roll was called with the following result: NAYS YEAS Total—0 ABSENT Mr. President Dyess Lentini Bagneris Ellington Malone Cravins Johnson Tarver Bajoie Fields Robichaux Heitmeier Schedler Barham Greene Romero Irons Short Bean Guidry Schedler Total—7 Branch Hainkel Short Cain Heitmeier Siracusa The Chair declared the bill was passed. The title was read and Campbell Hines Smith adopted. Senator Fields moved to reconsider the vote by which the bill Casanova Hollis Tarver was passed and laid the motion on the table. Cox Jones Theunissen Cravins Jordan Ullo HOUSE BILL NO. 119— Dardenne Lambert BY REPRESENTATIVES CARTER, BRUCE, HEATON, KENNARD, PERKINS, Dean Landry AND ROMERO Total—37 AN ACT NAYS To enact R.S. 14:62.6, relative to simple burglary; to create the crime of simple burglary of a religious building; to provide penalties; and to Total—0 provide for related matters. ABSENT The bill was read by title. Senator Short moved the final passage Irons Johnson of the bill. Total—2 ROLL CALL The Chair declared the bill was passed. The title was read and adopted. Senator Smith moved to reconsider the vote by which the bill The roll was called with the following result: was passed and laid the motion on the table. YEAS HOUSE BILL NO. 161— BY REPRESENTATIVE MCCAIN Mr. President Dean Lentini AN ACT Bagneris Dyess Malone To amend and reenact Code of Civil Procedure Art. 4843(E)(1) and to Bajoie Ellington Robichaux enact Code of Civil Procedure Art. 4843(F), relative to trial courts Barham Fields Romero of limited jurisdiction; to increase the amount in dispute for civil Bean Greene Schedler jurisdiction of the city court in Plaquemine; and to provide for Branch Guidry Short related matters. Cain Hainkel Siracusa Campbell Hines Smith The bill was read by title. Senator Greene moved the final passage Casanova Hollis Tarver of the bill. Cox Jones Theunissen Cravins Jordan Ullo ROLL CALL Dardenne Lambert Total—35 The roll was called with the following result: NAYS YEAS Landry Total—1 Mr. President Ellington Lentini ABSENT Bajoie Fields Robichaux Barham Greene Romero Heitmeier Irons Johnson Bean Guidry Schedler Total—3 Branch Hainkel Short Cain Heitmeier Siracusa 47th DAY'S PROCEEDINGS Page 21 SENATE June 16, 1997

Campbell Hines Smith The bill was read by title. Senator Cox moved the final passage of Cox Hollis Tarver the bill. Cravins Jones Theunissen Dardenne Jordan Ullo ROLL CALL Dean Lambert Dyess Landry The roll was called with the following result: Total—34 NAYS YEAS Total—0 Mr. President Dyess Landry ABSENT Bagneris Ellington Lentini Bajoie Fields Malone Bagneris Irons Malone Barham Greene Robichaux Casanova Johnson Bean Guidry Romero Total—5 Branch Hainkel Schedler Cain Heitmeier Short The Chair declared the bill was passed. The title was read and Campbell Hines Siracusa adopted. Senator Greene moved to reconsider the vote by which the bill Cox Hollis Smith was passed and laid the motion on the table. Cravins Jones Tarver Dardenne Jordan Theunissen HOUSE BILL NO. 180— Dean Lambert Ullo BY REPRESENTATIVE BARTON AN ACT Total—36 To amend and reenact R.S. 14:108(B)(2), relative to the crime of NAYS resisting an officer; to include city marshals and deputies as "officers" for purposes of the crime; and to provide for related Total—0 matters. ABSENT The bill was read by title. Senator Malone moved the final passage Casanova Irons Johnson of the bill. Total—3 The Chair declared the bill was passed. The title was read and ROLL CALL adopted. Senator Cox moved to reconsider the vote by which the bill was passed and laid the motion on the table. The roll was called with the following result: HOUSE BILL NO. 185— YEAS BY REPRESENTATIVE DIMOS AN ACT Mr. President Dyess Lentini To amend and reenact Code of Civil Procedure Articles 2127.2(A) and Bajoie Ellington Malone (B) and 2127.3, relative to preparation of the record on appeal; to Barham Fields Robichaux require the delivery of the transcript to the clerk of court five days Bean Greene Romero prior to the return date; and to provide for related matters. Branch Guidry Schedler Cain Heitmeier Short The bill was read by title. Senator Cox moved the final passage of Campbell Hines Siracusa the bill. Casanova Hollis Smith Cox Jones Tarver ROLL CALL Cravins Jordan Theunissen Dardenne Lambert Ullo The roll was called with the following result: Dean Landry Total—35 YEAS NAYS Mr. President Dean Landry Total—0 Bagneris Dyess Lentini ABSENT Bajoie Ellington Robichaux Barham Fields Romero Bagneris Irons Bean Greene Schedler Hainkel Johnson Branch Guidry Short Total—4 Cain Hainkel Siracusa Campbell Heitmeier Smith The Chair declared the bill was passed. The title was read and Casanova Hollis Tarver adopted. Senator Malone moved to reconsider the vote by which the bill Cox Irons Theunissen was passed and laid the motion on the table. Cravins Jordan Ullo Dardenne Lambert HOUSE BILL NO. 184— Total—35 BY REPRESENTATIVE DIMOS AN ACT NAYS To amend and reenact Code of Civil Procedure Article 5186, relative to payment of costs incurred by indigents; to provide for the filing and Total—0 the effect of recordation of an affidavit of account; and to provide ABSENT for related matters. Hines Jones Johnson Malone Page 22 SENATE 47th DAY'S PROCEEDINGS June 16, 1997

Total—4 attempting to transmit the disease to a law enforcement police officer who tests positive for the disease; and to provide for related The Chair declared the bill was passed. The title was read and matters. adopted. Senator Cox moved to reconsider the vote by which the bill was passed and laid the motion on the table. The bill was read by title. Senator Short moved the final passage of the bill. HOUSE BILL NO. 194— BY REPRESENTATIVES MORRELL AND HEATON AN ACT ROLL CALL To amend and reenact Code of Criminal Procedure Art. 553(A) and R.S. 32:57(C) and (D), relative to violations of traffic regulations; The roll was called with the following result: to require certain courts to establish procedures for one-time- appearance disposition of traffic offenses; to require local YEAS governing authorities to allow payment of fines by credit card; and to provide for related matters. Mr. President Dyess Lambert Bagneris Ellington Landry The bill was read by title. Senator Bagneris moved the final Bajoie Fields Lentini passage of the bill. Barham Greene Malone Bean Guidry Robichaux Branch Hainkel Romero ROLL CALL Cain Heitmeier Schedler Campbell Hines Short The roll was called with the following result: Casanova Hollis Siracusa Cox Irons Smith YEAS Cravins Johnson Tarver Dardenne Jones Theunissen Mr. President Dyess Landry Dean Jordan Ullo Bagneris Ellington Lentini Total—39 Bajoie Fields Malone NAYS Barham Greene Robichaux Bean Guidry Romero Total—0 Branch Hainkel Schedler ABSENT Cain Heitmeier Short Campbell Hines Siracusa Total—0 Casanova Hollis Smith Cox Irons Tarver The Chair declared the bill was passed. The title was read and Cravins Johnson Theunissen adopted. Senator Short moved to reconsider the vote by which the bill Dardenne Jones Ullo was passed and laid the motion on the table. Dean Lambert Total—38 HOUSE BILL NO. 221— NAYS BY REPRESENTATIVES JOHNS AND FAUCHEUX AN ACT Jordan To amend and reenact R.S. 27:101(A), 266(A), and 322(A), relative to Total—1 gaming establishments; to prohibit use of cash assistance checks ABSENT for gaming activities; and to provide for related matters. Total—0 On motion of Senator Jones, the bill was read by title and returned to the Calendar, subject to call. The Chair declared the bill was passed. The title was read and adopted. Senator Bagneris moved to reconsider the vote by which the Rules Suspended bill was passed and laid the motion on the table. Senator Hainkel asked for and obtained a suspension of the rules HOUSE BILL NO. 196— for the purpose of advancing to the order of BY REPRESENTATIVE SCHNEIDER A JOINT RESOLUTION Proposing to amend Article VII, Section 23(C) of the Constitution of House Bills and Joint Resolutions on Louisiana, to provide relative to public notice of any public meeting Third Reading and Final Passage, at which an increase in authorized millages after reappraisal will be Subject to Call acted upon by the taxing authority; to provide for submission of the proposed amendment to the electors; and to provide for related The following House Bills and Joint Resolutions on third reading matters. and final passage, subject to call, were taken up and acted upon as follows: On motion of Senator Bagneris, the bill was read by title and returned to the Calendar, subject to call. Called from the Calendar HOUSE BILL NO. 202— BY REPRESENTATIVES WIGGINS, HILL, JOHNS, SHAW, AND TRICHE Senator Hainkel asked that House Bill No. 2315 be called from the AN ACT Calendar at this time for its final passage. To enact Code of Criminal Procedure Art. 221, relative to arrest; to provide that a law enforcement officer may be tested for infectious disease if he is exposed to potential infectious disease; to provide that an offender must be tested for infectious disease after 47th DAY'S PROCEEDINGS Page 23 SENATE June 16, 1997

HOUSE BILL NO. 2315— AMENDMENT NO. 13 BY REPRESENTATIVE WILKERSON On page 15, line 24, after "insured" insert the following: AN ACT To enact R.S. 32:706.1(C), relative to new and used motor vehicle "in excess of the first ten thousand dollars in bodily injury and dealers; to provide notice of wrecked vehicles; and to provide for property damages, respectively" related matters. AMENDMENT NO. 14 Floor Amendments Sent Up On page 16, line 2, change "fifteen" to "ten" Senator Cravins sent up floor amendments which were read. AMENDMENT NO. 15 On page 19, line 13, change "forty" to "twenty-five" SENATE FLOOR AMENDMENTS Motion Amendments proposed by Senators Hainkel and Cravins to Reengrossed House Bill No. 2513 by Representative Donelon Senator Guidry moved to table the amendment. AMENDMENT NO. 1 Senator Cravins objected. Delete Senate Committee Amendment Nos. 1 through 6, 16 and 17, proposed by the Senate Committee on Insurance and adopted by the Senate on June 5, 1997 ROLL CALL AMENDMENT NO. 2 The roll was called with the following result: On page 1, line 4, after "(b)" insert "and (F)," and after "enact" delete "Civil Code" YEAS AMENDMENT NO. 3 Bean Irons Malone On page 1, delete line 5 Branch Jordan Robichaux Fields Lambert AMENDMENT NO. 4 Guidry Lentini On page 1, line 6, delete "and 866" and insert "R.S. 32:866" Total—10 NAYS AMENDMENT NO. 5 On page 2, line 25, delete "and Civil Code Article 2324.3 is hereby Bagneris Ellington Romero enacted" Bajoie Greene Schedler Barham Hainkel Short AMENDMENT NO. 6 Cain Heitmeier Siracusa On page 3, delete lines 1 through 15 Campbell Hines Smith Casanova Hollis Tarver AMENDMENT NO. 7 Cravins Johnson Theunissen On page 6, delete lines 15 through 26, and on page 7, delete lines 1 Dardenne Jones Ullo through 9 Dean Landry Total—26 AMENDMENT NO. 8 ABSENT On page 8, at the end of line 24, insert the following: Mr. President Cox Dyess "The commissioner shall develop a form to be used for the Total—3 selection of the type and amount of uninsured motorist coverage. A properly completed and signed form shall create a rebuttable The Chair declared the Senate refused to table the amendment. presumption that the insured knowingly and intelligently waived or selected the uninsured motorist coverage selected, if any." Rules Suspended AMENDMENT NO. 9 Senator Dean asked for a suspension of the rules for the purpose On page 9, line 5, after "limits" insert "or selects coverage which of granting the speaker an additional 5 minutes. excludes non-economic damages" Senator Branch objected. AMENDMENT NO. 10 On page 9, at the end of line 7 insert the following: ROLL CALL "Nothing in this Section shall be construed to invalidate selection The roll was called with the following result: or rejection forms executed prior to one hundred twenty days following rate reduction day." YEAS AMENDMENT NO. 11 Bagneris Fields Robichaux On page 9, line 20, after "(b)" insert "and (F) Bajoie Greene Romero Barham Heitmeier Schedler AMENDMENT NO. 12 Bean Hollis Short On page 15, line 21, after "policy" insert the following: Casanova Irons Smith Dardenne Johnson Tarver "for amounts in excess of the first ten thousand dollars in bodily Dean Jordan Ullo injury and property damages, respectively" Dyess Lambert Ellington Landry Page 24 SENATE 47th DAY'S PROCEEDINGS June 16, 1997

Total—25 Bagneris Dyess Robichaux NAYS Bajoie Ellington Romero Barham Hainkel Schedler Branch Siracusa Bean Heitmeier Short Cain Theunissen Branch Hines Siracusa Total—4 Cain Hollis Smith ABSENT Campbell Johnson Tarver Casanova Jordan Theunissen Mr. President Guidry Lentini Cox Lambert Ullo Campbell Hainkel Malone Cravins Landry Cox Hines Dardenne Lentini Cravins Jones Total—34 Total—10 NAYS The Chair declared the rules were suspended and the speaker was Guidry Irons granted an additional 5 minutes. Total—2 ABSENT Motion Fields Greene Jones Senator Landry moved for a division of the question on the above Total—3 floor amendments. The Chair declared Amendments No. 2 through 7 were adopted. Without objection, the division of the question was ordered. On motion of Senator Cravins Amendment No. 8 was withdrawn. Senator Cravins moved the adoption of Amendment No. 1. Senator Cravins moved the adoption of Amendments No. 9 Senator Guidry objected. through 11. ROLL CALL Senator Guidry objected. The roll was called with the following result: ROLL CALL YEAS The roll was called with the following result: Mr. President Dardenne Malone YEAS Bagneris Dean Robichaux Bajoie Dyess Romero Mr. President Dean Lambert Barham Ellington Schedler Bagneris Dyess Lentini Bean Hainkel Siracusa Bajoie Ellington Malone Branch Heitmeier Smith Barham Fields Robichaux Cain Hines Tarver Bean Guidry Romero Campbell Hollis Theunissen Branch Hainkel Schedler Casanova Jordan Ullo Cain Heitmeier Short Cox Lambert Campbell Hines Siracusa Cravins Lentini Casanova Hollis Smith Total—31 Cox Irons Tarver NAYS Cravins Johnson Theunissen Dardenne Jones Ullo Fields Irons Jones Total—36 Guidry Johnson Landry NAYS Total—6 ABSENT Jordan Landry Total—2 Greene Short ABSENT Total—2 Greene The Chair declared Amendment No. 1 was adopted. Total—1 Senator Cravins moved the adoption of Amendments No. 2 The Chair declared Amendments No. 9 through 11 were adopted. through 7. Senator Cravins moved the adoption of Amendments No. 12 and Senator Guidry objected. 13. ROLL CALL Senator Guidry objected. The roll was called with the following result: ROLL CALL YEAS The roll was called with the following result: Mr. President Dean Malone YEAS 47th DAY'S PROCEEDINGS Page 25 SENATE June 16, 1997

Mr. President Dean Malone Barham Dyess Schedler Bagneris Dyess Robichaux Bean Ellington Short Barham Ellington Romero Branch Hainkel Siracusa Bean Hainkel Schedler Cain Heitmeier Smith Branch Heitmeier Short Campbell Hines Tarver Cain Hines Siracusa Casanova Hollis Theunissen Campbell Hollis Smith Cox Jordan Ullo Casanova Johnson Tarver Cravins Lambert Cox Lambert Theunissen Total—29 Cravins Landry Ullo NAYS Dardenne Lentini Total—32 Bajoie Irons Lentini NAYS Fields Johnson Malone Guidry Landry Fields Irons Jordan Total—8 Guidry Jones ABSENT Total—5 ABSENT Greene Jones Total—2 Bajoie Greene Total—2 The Chair declared Amendment No. 15 was adopted. The Chair declared Amendments No. 12 and 13 were adopted. Floor Amendments Sent Up Senator Cravins moved the adoption of Amendment No. 14. Senator Hainkel sent up floor amendments which were read. Senator Guidry objected. SENATE FLOOR AMENDMENTS ROLL CALL Amendments proposed by Senators Hainkel and Cravins to Reengrossed House Bill No. 2513 by Representative Donelon The roll was called with the following result: AMENDMENT NO. 1 YEAS On page 8, at the end of line 24, insert the following: Mr. President Cravins Jordan "The commissioner shall develop a form to be used for the Bagneris Dardenne Robichaux selection of the type and amount of uninsured motorist coverage. Barham Dean Romero A properly completed and signed form shall create a rebuttable Bean Dyess Schedler presumption that the insured knowingly waived or selected the Branch Ellington Short uninsured motorist coverage selected, if any." Cain Hainkel Siracusa Campbell Heitmeier Smith On motion of Senator Hainkel, the amendments were adopted. Casanova Hines Tarver Cox Hollis Theunissen Floor Amendments Sent Up Total—27 NAYS Senator Heitmeier sent up floor amendments which were read. Bajoie Johnson Lentini SENATE FLOOR AMENDMENTS Fields Jones Malone Guidry Lambert Ullo Amendments proposed by Senator Cravins to Reengrossed House Bill Irons Landry No. 2513 by Representative Donelon Total—11 ABSENT AMENDMENT NO. 1 Delete Senate Committee Amendment No. 18, proposed by the Senate Greene Committee on Insurance and adopted by the Senate on June 5, 1997 Total—1 AMENDMENT NO. 2 The Chair declared Amendment No. 14 was adopted. On page 8, line 18, delete "both" and after "loss" delete the remainder of the line and delete line 19 in its entirety Senator Cravins moved the adoption of Amendment No. 15. AMENDMENT NO. 3 Senator Malone objected. On page 8, line 20, delete "loss" ROLL CALL On motion of Senator Heitmeier, the amendments were adopted. The roll was called with the following result: Floor Amendments Sent Up YEAS Senator Heitmeier sent up floor amendments which were read. Mr. President Dardenne Robichaux SENATE FLOOR AMENDMENTS Bagneris Dean Romero Page 26 SENATE 47th DAY'S PROCEEDINGS June 16, 1997

Amendments proposed by Senator Heitmeier to Reengrossed House Bill AMENDMENT NO. 10 No. 2513 by Representative Donelon On page 18, line 21, after "thirty days of" change ""rate reduction day"" to "the effective date of this Section" AMENDMENT NO. 1 Delete Senate Committee Amendment No. 13 proposed by the Senate AMENDMENT NO. 11 Committee on Insurance and adopted by the Senate on June 5, 1997 On page 19, line 9, after "days after" change ""rate reduction day"" to "the effective date of Section 9.(A) of this Act" AMENDMENT NO. 2 On page 13, between lines 15 and 16, insert the following: Motion "(5) If any cancellation of a motor vehicle liability policy Senator Bean moved the previous question on the entire subject occurs at the request of the insured, the insurer shall not be matter. obligated to cancel such policy earlier than ten days prior to the date of receipt by the insurer of the request for cancellation made Senator Guidry objected. by the insured. * * *" ROLL CALL On motion of Senator Heitmeier, the amendments were adopted. The roll was called with the following result: Floor Amendments Sent Up YEAS Senator Lambert sent up floor amendments which were read. Bagneris Cravins Romero Bean Ellington Smith SENATE FLOOR AMENDMENTS Branch Hainkel Tarver Cain Heitmeier Theunissen Amendments proposed by Senator Lambert to Reengrossed House Bill Campbell Hines No. 2513 by Representative Donelon Cox Jordan Total—16 AMENDMENT NO. 1 NAYS On page 2, line 4, delete “to provide for contingency rules for premium rate filings;” Bajoie Guidry Lentini Barham Hollis Malone AMENDMENT NO. 2 Casanova Irons Robichaux On page 16, line 3, after "areas" delete the remainder of the line and Dardenne Johnson Schedler insert in lieu thereof the following: Dean Jones Short Dyess Lambert Siracusa ". The Louisiana Insurance Rating Commission shall meet no later Fields Landry Ullo than thirty days after the effective date of this Section for the Total—21 specific purpose of reducing rates by a minimum of ten percent." ABSENT Mr. President Greene AMENDMENT NO. 3 Total—2 On page 16, delete lines 4 through 8 in their entirety The Chair declared the Senate refused to call the previous question AMENDMENT NO. 4 on the entire subject matter. On page 16, line 14, after "areas" delete the remainder of the line and insert in lieu thereof the following: Rules Suspended ". The Louisiana Insurance Rating Commission shall meet no later Senator Guidry asked for a suspension of the rules for the purpose than thirty days after the effective date of this Section for the of granting the speaker an additional 5 minutes. specific purpose of reducing rates by a minimum of ten percent." Senator Bean objected. AMENDMENT NO. 5 On page 16, delete lines 15 through 20 ROLL CALL AMENDMENT NO. 6 The roll was called with the following result: On page 16, at the end of line 23, after "than" change "thirty" to "fifteen" YEAS AMENDMENT NO. 7 Barham Guidry Landry On page 16, line 24, after "days after" change ""rate reduction day"" to Cain Hines Lentini "the effective date of this Section" Casanova Hollis Malone Dardenne Irons Romero AMENDMENT NO. 8 Dean Johnson Schedler On page 17, line 1, after "filings" delete the remainder of the line and Ellington Jones Short insert in lieu thereof "by reducing rates by a minimum of ten percent no Fields Lambert Ullo later than thirty days after the effective date of this Section." Total—21 NAYS AMENDMENT NO. 9 On page 17, delete lines 2 through 15 in their entirety Bajoie Dyess Smith 47th DAY'S PROCEEDINGS Page 27 SENATE June 16, 1997

Bean Heitmeier Tarver Total—23 Branch Jordan Theunissen NAYS Campbell Robichaux Cox Siracusa Barham Ellington Siracusa Total—13 Bean Hainkel Smith ABSENT Cravins Heitmeier Tarver Dean Jordan Theunissen Mr. President Cravins Hainkel Dyess Schedler Bagneris Greene Total—14 Total—5 ABSENT The Chair declared the rules were suspended and the speaker was Bagneris Greene granted an additional 5 minutes. Total—2 Motion The Chair declared the amendments were adopted. Senator Hainkel moved the previous question on the entire subject The bill was read by title. Senator Cravins moved final passage of matter. the amended bill. Senator Fields objected. ROLL CALL ROLL CALL The roll was called with the following result: The roll was called with the following result: YEAS YEAS Mr. President Dean Lentini Bagneris Dyess Malone Bagneris Dardenne Robichaux Bajoie Ellington Robichaux Bajoie Dean Romero Barham Fields Romero Barham Dyess Schedler Bean Guidry Schedler Bean Ellington Short Branch Hainkel Short Branch Hainkel Siracusa Cain Heitmeier Siracusa Cain Heitmeier Smith Campbell Hines Smith Campbell Hines Tarver Casanova Hollis Tarver Casanova Johnson Theunissen Cox Irons Theunissen Cox Jordan Cravins Johnson Ullo Cravins Lentini Dardenne Lambert Total—28 Total—35 NAYS NAYS Fields Irons Landry Jones Jordan Landry Guidry Jones Malone Total—3 Hollis Lambert Ullo ABSENT Total—9 ABSENT Greene Total—1 Mr. President Greene Total—2 The Chair declared the amended bill was passed. The title was read and adopted. Senator Cravins moved to reconsider the vote by The Chair declared the previous question was called on the entire which the bill was passed and laid the motion on the table. subject matter. Messages from the House Senator Lambert moved adoption of the amendments. The following Messages from the House were received and read Senator Cravins objected. as follows: ROLL CALL Message from the House The roll was called with the following result: PASSED SENATE BILLS AND JOINT RESOLUTIONS YEAS June 16, 1997 Mr. President Fields Landry Bajoie Guidry Lentini To the Honorable President and Members of the Senate: Branch Hines Malone Cain Hollis Robichaux I am directed to inform your honorable body that the House of Campbell Irons Romero Representatives has finally passed the following Senate Bills and Joint Casanova Johnson Short Resolutions: Cox Jones Ullo Dardenne Lambert Page 28 SENATE 47th DAY'S PROCEEDINGS June 16, 1997

SENATE BILL NO. 1555 (SUBSTITUTE FOR SENATE SENATE BILL NO. 1173— BILL NO. 851 BY SENATOR BY SENATORS HAINKEL, DARDENNE AND EWING SHORT)— AN ACT BY SENATOR SHORT To amend and reenact R.S. 39:1645(B) relative to state procurement; AN ACT to provide for purchase of used equipment by colleges and To amend and reenact R.S. 47:463.20(A), 463.25(A), 463.27(A), universities; to provide for certification; and to provide for related 463.29(A), 463.32(A), 463.34(A), 463.36(A), 463.37(A), matters. 463.38(A), 463.41(A), 463.42(A), and 463.45(A), relative to motor vehicles; to authorize the issuance of certain prestige plates Reported without amendments. for recreational vehicles; and to provide for related matters. SENATE BILL NO. 1217— Reported without amendments. BY SENATOR EWING AN ACT SENATE BILL NO. 1342— To amend and reenact R.S. 30:2524 and to enact R.S. 30:2525(C)(19), BY SENATOR SIRACUSA relative to litter; to create the Louisiana Litter Abatement Grant AN ACT Program; to provide relative to grant authority of the program; to To enact Chapter 2-C of Title 38 of the Louisiana Revised Statutes of provide relative to approved uses of grant money; to require 1950, to be comprised of R.S. 38:106 through 110, relative to the monetary match by recipients of grant money; to require the construction of interim flood protection projects on the Atchafalaya promulgation of rules and regulations; and to provide for related River in Terrebonne, Assumption, St. Martin and St. Mary matters. parishes; to authorize the Department of Transportation and Development to serve as the non-federal sponsor for the Reported without amendments. construction of these projects; to authorize the department to contract with agencies of the federal government, other state SENATE BILL NO. 1005— agencies, and political subdivisions of the state for the purposes of BY SENATOR MALONE the projects; and to provide for related matters. AN ACT To enact R.S. 42:854, relative to health insurance; to authorize partial Reported without amendments. payment of health insurance premiums on behalf of certain public officials; and to provide for related matters. SENATE BILL NO. 1373— BY SENATOR SCHEDLER Reported without amendments. AN ACT To amend and reenact R.S. 48:271, relative to signs; to authorize the Respectfully submitted, Department of Transportation and Development to erect signs to ALFRED W. SPEER certain tourist attractions, tourist information centers, and state Clerk of the House of Representatives parks; and to provide for related matters. Privilege Report of the Reported without amendments. Legislative Bureau SENATE BILL NO. 1481— BY SENATOR ULLO June 16, 1997 AN ACT To amend and reenact R.S. 34:3251, relative to ports; to provide relative To the President and Members of the Senate: to the Grand Isle Port Commission; to require gubernatorial appointment of commission members; to require terms of office I am directed by your Legislative Bureau to submit the following concurrent with the governor; to require Senate confirmation of report: appointees; and to provide for related matters. The following bills are approved as to construction and duplication. Reported without amendments. We advise and suggest the following amendments to the engrossed bills. SENATE BILL NO. 1482— HOUSE CONCURRENT RESOLUTION NO. 93— BY SENATOR LAMBERT BY REPRESENTATIVE DEWITT AN ACT A CONCURRENT RESOLUTION To amend and reenact R.S. 34:2472, relative to the South Louisiana To suspend until sixty days after final adjournment of the 1998 Regular Port Commission; to provide for the domicile and regular meeting Session of the Legislature the provisions of R.S. 46:706(A)(1) and location for the commission; and to provide for related matters. (2) which provide for retention and expenditure of certain funds by the Louisiana Health Care Authority. Reported without amendments. Reported without amendments. SENATE BILL NO. 1171— BY SENATORS HAINKEL, DARDENNE, AND EWING HOUSE BILL NO. 33— AN ACT BY REPRESENTATIVES RIDDLE, BRUNEAU, COPELIN, HOLDEN, JETSON, LANCASTER, LANDRIEU, SCALISE, WALSWORTH, AND WILLARD-LEWIS To amend and reenact R.S. 39:1593, relative to state procurement AN ACT contracts; to provide for facsimile solicitations for procurement in To enact R.S. 43:31.1, relative to the printing of public documents; to certain state contracts; to provide for certain documentation; to require a needs assessment before printing certain public provide for competitive procurement methods other than sealed documents; and to provide for related matters. bids under certain circumstances; and to provide for related matters. Reported without amendments. Reported without amendments. 47th DAY'S PROCEEDINGS Page 29 SENATE June 16, 1997

HOUSE BILL NO. 71— AMENDMENT NO. 2 BY REPRESENTATIVE FAUCHEUX On page 2, line 26, following "substance" and before "that" insert a AN ACT comma "," To enact R.S. 13:2614, relative to justice of the peace courts; to provide for the territorial jurisdiction of justice of the peace courts in St. AMENDMENT NO. 3 James Parish; to provide for an additional justice of the peace and On page 3, line 2, following "practitioner" and before "is" insert ", constable; to provide for elections; and to provide for related which" matters. AMENDMENT NO. 4 Reported without amendments. On page 6, line 18, following "distress," and before "anguish" change "medical" to "mental" HOUSE BILL NO. 75— BY REPRESENTATIVE FAUCHEUX HOUSE BILL NO. 242— AN ACT BY REPRESENTATIVE ROUSSELLE To enact R.S. 13:2614, relative to particular justice of the peace courts; AN ACT to provide for territorial jurisdiction of justice of the peace courts To amend and reenact R.S. 9:5625(A), relative to prescription; to in St. John the Baptist Parish; to provide for an additional justice provide for the prescriptive period for enforcement of violations of of the peace and constable; to provide for elections; and to provide zoning restrictions, building restrictions, or subdivision regulations for related matters. and for use violations; and to provide for related matters. Reported without amendments. Reported without amendments. HOUSE BILL NO. 136— HOUSE BILL NO. 255— BY REPRESENTATIVES WIGGINS, BARTON, JOHNS, AND TRICHE BY REPRESENTATIVE TRAVIS AN ACT AN ACT To amend and reenact R.S. 13:760, relative to clerks of court; to provide To amend and reenact R.S. 37:3562(F), relative to licensing fees for for exemption from liability for clerks of court acting in conformity massage therapists; to provide for the disposition of monies with an order of the court; and to provide for related matters. received by the Louisiana Board of Massage Therapy; and to provide for related matters. Reported without amendments. Reported without amendments. HOUSE BILL NO. 189— BY REPRESENTATIVE FAUCHEUX HOUSE BILL NO. 260— AN ACT BY REPRESENTATIVES WIGGINS, BARTON, JOHNS, PERKINS, AND To amend and reenact R.S. 13:46(A) and (B) and to enact R.S. TRICHE 13:46(D), relative to the Judicial Compensation Commission; to AN ACT require the commission to study and make recommendations To amend and reenact R.S. 9:2799, relative to offenses and quasi regarding the cost-of-living adjustments for the Judges' offenses; to provide with respect to the donation of food without Noncontributory Retirement Plan and other changes in judges' incurring liability for damages; to provide exceptions for intentional retirement; to provide with respect to legislative action on acts or omissions only; to eliminate the requirement that the food commission recommendations; to provide for termination of the bank have certain liability insurance; and to provide for related commission; and to provide for related matters. matters. Reported without amendments. Reported without amendments. HOUSE BILL NO. 226 (Duplicate of Senate Bill No. 1139)— HOUSE BILL NO. 460— BY REPRESENTATIVE WIGGINS AND SENATOR DEAN AND BY REPRESENTATIVE WINDHORST COAUTHORED BY REPRESENTATIVES BOWLER, BRUN, CARTER, AN ACT CLARKSON, CRANE, DIMOS, DONELON, FONTENOT, FORSTER, FRITH, FRUGE, HILL, JOHNS, LANCASTER, MARTINY, MCCALLUM, POWELL, To amend and reenact R.S. 37:2863(1) and (7) and to enact R.S. SCALISE, SHAW, TRICHE, VITTER, WALSWORTH, WARNER, WILKERSON, 36:409(N) and (O) and 602(D), R.S. 37:3274(A)(12) and R.S. WINDHORST, WINSTON, AND WRIGHT AND SENATORS DARDENNE, HAINKEL, HOLLIS, ROMERO, SHORT 49:191(11)(a) and to repeal R.S. 32:703.1, R.S. 36:409(H), R.S. AN ACT 37:2865, R.S. 49:191(9)(a), and R.S. 51:911.45 and 911.46(B), To enact Chapter 4 of Code Title V of Title 9 of the Louisiana Revised and R.S. 56:605(B)(4), relative to the Department of Public Safety Statutes of 1950, to be comprised of R.S. 9:2800.61 through and Corrections, including provisions to provide for the re-creation, 2800.76, relative to offenses and quasi offenses; to enact the termination, or transfer of the Department of Public Safety and Louisiana Drug Dealer Liability Act; to define terms; to provide Corrections and the statutory entities made a part of the department for actions for civil damages against certain persons participating by law; to provide for the effective termination date for all statutory in the marketing of illegal controlled substances; to provide for authority for the existence of such statutory entities; to provide for parties, procedures, and recovery of damages; and to provide for the termination of certain boards under the jurisdiction of the related matters. department, including the Motor Vehicle Advisory Board, the Certified Stress Analysts Board, the Liquefied Petroleum Gas Reported with amendments. Commission, and the board of review of Mobile Homes and Manufacturing; to provide for transfer of responsibilities from the LEGISLATIVE BUREAU AMENDMENTS Certified Stress Analysts Board to the Louisiana State Board of Private Security Examiners; to provide for transfer of Amendments proposed by Legislative Bureau to Reengrossed House responsibilities from the Liquefied Petroleum Gas Commission to Bill No. 226 by Representative Wiggins the office of state police; to provide for the transfer of enforcement responsibilities for wildlife and fisheries laws and regulations from AMENDMENT NO. 1 the Department of Wildlife and Fisheries to the Department of On page 1, lines 2 and 10, following "Title V" and before "of" insert Public Safety and Corrections; and to provide for related matters. "Code Book III" Reported without amendments. Page 30 SENATE 47th DAY'S PROCEEDINGS June 16, 1997

HOUSE BILL NO. 466— On page 3, line 19, following "the" and before "of" change BY REPRESENTATIVE FAUCHEUX "requirement" to "requirements" AN ACT To amend and reenact R.S. 13:2592(B), relative to justices of the peace; AMENDMENT NO. 3 to authorize justices of the peace in certain parishes to appoint ad On page 3, line 19, following "9(B)" and before "relative" insert "of the hoc justices of the peace under certain circumstances; and to Constitution of Louisiana" provide for related matters. HOUSE BILL NO. 774— Reported without amendments. BY REPRESENTATIVE WILKERSON AN ACT HOUSE BILL NO. 488— To enact R.S. 46:460.4, relative to the Incentive Award Program; to BY REPRESENTATIVE WILKERSON require the Department of Social Services in consultation with the AN ACT Department of Education to develop and implement the award To enact Civil Code Article 2364.1, relative to the law on matrimonial program; to require the department in developing the program to regimes; to provide that the seizure of community property for an define the standards to be used to measure progress; to develop the intentional wrong by a spouse entitles the other spouse to procedure to be used to collect relevant data; to require the reimbursement of one-half the value thereof; and to provide for compilation of relevant data into an annual progress report which related matters. ranks the parishes according to progress made in the past year; to provide for the delivery of such report; and to provide for at least Reported without amendments. ten parishes that will be eligible for the award; to provide for distribution of the financial award; to provide for allowable uses of HOUSE BILL NO. 564— the award; to condition the award upon the receipt of federal bonus BY REPRESENTATIVE TRAVIS AN ACT award funds by the state provided for in federal welfare reform To enact R.S. 42:1123(24), relative to Code of Governmental Ethics; to legislation; and to provide for related matters. provide for recusal from participation in actions of the State Licensing Board for Contractors in certain circumstances; and to Reported without amendments. provide for related matters. HOUSE BILL NO. 775— BY REPRESENTATIVE WILKERSON Reported without amendments. AN ACT To amend and reenact R.S. 39:200(I)(2), relative to data processing HOUSE BILL NO. 630— procurement; to add a representative of the office of attorney BY REPRESENTATIVE WARNER AN ACT general to the data processing procurement support team and to To enact R.S. 14:95(I) and R.S. 17:1805(G), to authorize certain college delete the legislative representative; and to provide for related and university police officers to carry concealed handguns; and to matters. provide for related matters. Reported without amendments. Reported without amendments. HOUSE BILL NO. 814— BY REPRESENTATIVE DIEZ HOUSE BILL NO. 642— AN ACT BY REPRESENTATIVE FAUCHEUX AN ACT To amend and reenact Code of Civil Procedure Art. 1457(B), relative To amend and reenact R.S. 15:1156 and to enact R.S. 15:708(A)(4), to written interrogatories; to authorize the filing of additional relative to labor performed by state prisoners confined in parish interrogatories only after contradictory hearing; and to provide for prisons; to allow such prisoners to perform work for Prison related matters. Enterprise projects in that parish; to provide for compensation and for deposit of monies earned; to provide for promulgation of rules Reported without amendments. for enforcement; and to provide for related matters. HOUSE BILL NO. 867— BY REPRESENTATIVES LEBLANC, DEVILLE, AND JENKINS Reported without amendments. A JOINT RESOLUTION Proposing to amend Article III, Section 16(A), Article IV, Section HOUSE BILL NO. 695— 5(G)(2), Article VII, Sections 10(B) and (C)(1), 10.1(C)(1), BY REPRESENTATIVES TRAVIS, DOWNER, DEWITT, MURRAY, AND WESTON 10.3(B)(4), 10.4(A)(1), 10.5(C), 11(A) and (C), and 27(B), Article AN ACT VIII, Section 13(B), and Article X, Sections 13(A) and 51 of the To amend and reenact R.S. 51:1753(B)(8) and to enact R.S. 51:1766, Constitution of Louisiana, to remove limitations that exist on relative to the economically disadvantaged business program; to multiyear budgets; to provide for submission of the proposed provide for a bonding program; and to provide for related matters. amendment to the electors; and to provide for related matters. Reported with amendments. Reported without amendments. LEGISLATIVE BUREAU AMENDMENTS HOUSE BILL NO. 886— BY REPRESENTATIVES MARIONNEAUX AND BRUCE Amendments proposed by Legislative Bureau to Reengrossed House AN ACT Bill No. 695 by Representative Travis To enact R.S. 14:34.5, relative to the crime of battery; to create the crime of aggravated second degree battery; to provide penalties; AMENDMENT NO. 1 and to provide for related matters. On page 3, line 15, following "C" and before "and" change "hereof" to "of this Section" Reported without amendments. AMENDMENT NO. 2 47th DAY'S PROCEEDINGS Page 31 SENATE June 16, 1997

HOUSE BILL NO. 908— HOUSE BILL NO. 1103— BY REPRESENTATIVE BRUCE BY REPRESENTATIVES TRAVIS, DOWNER, DEWITT, DURAND, FLAVIN, AN ACT FRITH, GAUTREAUX, HILL, POWELL, SCHNEIDER, AND WESTON To amend and reenact Code of Criminal Procedure Art. 881(B) and to AN ACT enact Code of Criminal Procedure Arts. 822 and 881(C), relative To amend and reenact R.S. 51:936(B), to enact R.S. 36:4(B)(1)(f) and to post-conviction motions and sentencing of criminal defendants; Chapter 12 of Title 51 of the Louisiana Revised Statutes of 1950, to provide that the district attorney shall be notified of such to be comprised of R.S. 51:1361 through 1368, and to repeal Part motions; to provide that such motions shall be tried contradictorily; II of Chapter 7 of Title 6 of the Louisiana Revised Statutes of to provide for commencement of execution of consecutive 1950, comprised of R.S. 6:551 through 568, relative to the sentences; and to provide for related matters. Louisiana International Trade Development Act; to provide for a short title; to provide for a declaration of purpose; to provide for Reported without amendments. definition of terms; to create and provide relative to the Louisiana International Trade Development Board; to provide for the HOUSE BILL NO. 910— protection from personal liability of directors; to provide for powers BY REPRESENTATIVE CHAISSON of the board; to provide for annual reports, examinations, and AN ACT audits; to provide for coordination and cooperation with other To enact R.S. 13:2582(F), 2583(E), and 2614, relative to justice of the entities; and to provide for related matters. peace courts; to provide for the territorial jurisdiction of justice of the peace courts in St. Charles Parish; to provide for the election of Reported without amendments. justices and constables; to provide for terms of office; and to provide for related matters. HOUSE BILL NO. 1108— BY REPRESENTATIVES R. ALEXANDER, DEWITT, AND GAUTREAUX Reported without amendments. AN ACT To enact Part XIII of Chapter 11 of Title 40 of the Louisiana Revised HOUSE BILL NO. 928— Statutes of 1950, to be comprised of R.S. 40:2199, relative to the BY REPRESENTATIVE FAUCHEUX Department of Health and Hospitals; to establish as a misdemeanor AN ACT the opening or operation of certain health care facilities without a To enact Code of Criminal Procedure Art. 900(D), relative to hearings license; to provide for fines upon conviction; to provide for civil on the revocation of probation; to provide requirements for those liability when the violation poses a threat to the health, safety, hearings; and to provide for related matters. rights, or welfare of a resident or client of a health care facility; to provide for the adoption of rules and regulations which define Reported without amendments. specific classifications of violations, articulate factors in assessing fines, and which explain the treatment of continuing and repeat HOUSE BILL NO. 980— deficiencies; to provide for a schedule of violations and related BY REPRESENTATIVE FRITH fines; to limit the amount of aggregate fines which may be assessed AN ACT for violations determined in a month; to provide for the adoption To repeal Code of Criminal Procedure Art. 894.1(D)(3), (4), and (5), of rules and regulations which provide for notice to health care relative to criminal sentencing guidelines; to repeal the requirement facilities of any violation, for an informal reconsideration process, that the court must notify convicted felons of eligibility for parole; and for an appeal procedure including judicial review; to limit to repeal the requirement that the court must calculate the appeals to suspensive appeals; to require the health care facility to prospective release date based upon diminution of sentence for furnish a bond with an appeal; to provide with respect to the bond good behavior; to repeal the requirement that the court must including the minimum amount of such bond and the provisions calculate the prospective parole eligibility date. of such bond; to authorize the department to institute civil actions to collect fines; to require civil fines collected to be deposited into Reported without amendments. the state treasury in the Health Care Facility Fund and to provide for the fund; to provide for purposes for which the fund may be HOUSE BILL NO. 1076— used; to authorize the secretary to promulgate rules and regulations BY REPRESENTATIVES RIDDLE AND DEWITT AN ACT to provide for administration of the fund; and to provide for related To amend and reenact R.S. 27:92(B)(2)(a)(i), 270(A)(2)(a), and matters. 312(B)(2)(a) and R.S. 47:9029(B)(2), relative to the allocation of certain gaming and lottery proceeds to the Compulsive and Reported without amendments. Problem Gaming Fund; to increase the allocation of monies to the HOUSE BILL NO. 1130— fund; and to provide for related matters. BY REPRESENTATIVES ALARIO, HEBERT, LONG, RIDDLE, SCALISE, JACK SMITH, THORNHILL, AND WELCH Reported without amendments. AN ACT To amend and reenact R.S. 33:2002(A), 2218.2(A), and 2218.8(B), HOUSE BILL NO. 1102— relative to extra compensation and supplemental pay for firemen, BY REPRESENTATIVES TRAVIS, DOWNER, DEWITT, AND FRITH police officers, and deputy sheriffs; to increase such extra AN ACT compensation and supplemental pay; and to provide for related To enact Part V of Chapter 39 of Title 51 of the Louisiana Revised matters. Statutes of 1950, to be comprised of R.S. 51:2341 through 2345, relative to economic development; to create and provide relative to Reported without amendments. a regional initiatives program; to provide for financial assistance to certain organizations; to provide for the promulgation of rules and HOUSE BILL NO. 1131— regulations; and to provide for related matters. BY REPRESENTATIVES ALARIO, HEBERT, RIDDLE, JACK SMITH, THORNHILL, AND WELCH Reported without amendments. AN ACT To amend and reenact R.S. 17:1682.1(A), relative to the appropriation of state general funds for the education of children of certain firefighters killed or disabled in performance of duty; to provide for the amount of the payment of general fund monies for a cash grant Page 32 SENATE 47th DAY'S PROCEEDINGS June 16, 1997

to such children for a book allowance; and to provide for related HOUSE BILL NO. 1264— matters. BY REPRESENTATIVES MCDONALD, DOWNER, AND THOMPSON AN ACT Reported without amendments. To enact R.S. 42:456.1, relative to public employees; to permit payroll withholding for the deposit of funds into a Louisiana Student HOUSE BILL NO. 1177— Tuition Assistance and Revenue Trust Program education savings BY REPRESENTATIVE LEBLANC account; to provide guidelines for and limitations on such AN ACT withholdings; to provide for the adoption of certain rules by the To repeal R.S. 49:259, relative to the Department of Justice Claims Louisiana Tuition Trust Authority; to provide for effectiveness; Recovery Fund. and to provide for related matters. Reported without amendments. Reported without amendments. HOUSE BILL NO. 1221 (Duplicate of Senate Bill No. 566)— HOUSE BILL NO. 1318— BY REPRESENTATIVE MCMAINS AND SENATOR DARDENNE AND BY REPRESENTATIVE LEBLANC COAUTHORED BY REPRESENTATIVES DEWITT AND VITTER AN ACT AN ACT To repeal R.S. 39:1641(F), relative to leases of space for state agencies; To amend and reenact R.S. 13:5107(D) and to enact Code of Civil to repeal the exemption for leasing of certain space without the Procedure Arts. 7(A)(6), 1201(C), and 1672(C) and R.S. 9:5801, approval of the commissioner of administration; and to provide for relative to citation and service of process; to require service of related matters. citation to be requested within ninety days of commencement of the action or the filing of supplemental or amended pleadings in Reported without amendments. certain civil proceedings and in certain suits against the state, a state agency, or a political subdivision; to provide for waiver of HOUSE BILL NO. 1326— such requirement; to provide for involuntary dismissal of suit in BY REPRESENTATIVE THOMPSON certain cases and the effects thereof; and to provide for related AN ACT matters. To enact R.S. 14:74(A)(3), relative to the offense of criminal neglect of family; to provide for the factors to be considered in determining Reported without amendments. if necessitous circumstances exist; and to provide for related matters. HOUSE BILL NO. 1233— BY REPRESENTATIVE MICHOT Reported without amendments. AN ACT To appropriate funds out of the General Fund of the state of Louisiana HOUSE BILL NO. 1347— to be used to pay the stipulated judgment in the suit entitled "Dr. BY REPRESENTATIVE LEBLANC AND SENATOR HAINKEL Ernest M. Yongue, Dr. Charles W. Boustany, Sr., Dr. Joseph C. AN ACT Musso, and Dr. Bruce Lance Craig versus the State of Louisiana To amend and reenact R.S. 24:604.1 and 652 and R.S. 39:29(A), through its treasurer, Ken Duncan", and to provide for related 30(B), 32(B), 33, 36 through 38, 51(A), 55(B), 57, and 73(B) matters. and (C), to enact R.S. 39:2(29), 32(I), and 57.1, and to repeal R.S. 39:2(5) and R.S. 48:76(A), relative to the operating budget Reported without amendments. process; to provide for operating budget development, enactment, and execution; and to provide for related matters. HOUSE BILL NO. 1251— BY REPRESENTATIVES WINDHORST AND DEWITT Reported without amendments. AN ACT To amend and reenact R.S. 15:574.4(A)(2)(e), relative to the intensive HOUSE BILL NO. 1361— incarceration and intensive parole supervision program for certain BY REPRESENTATIVE TRICHE inmates; to provide for the duration of intensive incarceration; and AN ACT to provide for related matters. To amend and reenact the Title of Act No. 113 of the 1950 Regular Session of the Legislature, as last amended by Act No. 196 of the Reported without amendments. 1992 Regular Session of the Legislature, relative to the Bayou Lafourche Fresh Water District; to provide for the purposes of the HOUSE BILL NO. 1254— district and the powers and duties of the board of commissioners; BY REPRESENTATIVES WINDHORST, DEWITT, CLARKSON, FRITH, and to provide for related matters. FRUGE, JOHNS, MCCALLUM, MCMAINS, WIGGINS, AND WRIGHT AN ACT To enact Part XVI of Chapter 7 of Title 15 of the Louisiana Revised Reported without amendments. Statutes of 1950, to be comprised of R.S. 15:1181 through 1190, HOUSE BILL NO. 1374— relative to suits by prisoners; to enact the Prison Litigation Reform BY REPRESENTATIVE DONELON Act, providing for civil actions with respect to prison conditions, AN ACT the remedies or relief that may be granted and conditions and To enact Code of Civil Procedure Articles 2087(D) and 2123(C), restrictions thereon, the effects of consent decrees and private relative to the procedure for appealing; to provide that the time settlement agreements, the appointment of experts, the award of within which to take a devolutive or suspensive appeal is attorney fees, and the assessment, disposition, and consequences interrupted in cases wherein the proceeding is removed to federal of actions that are malicious, frivolous, groundless, or otherwise court; and to provide for related matters. lacking in merit; to provide for the payment of filing fees and costs and for the use of compensatory damages to pay outstanding Reported without amendments. restitution orders; and to provide for related matters. Reported without amendments. 47th DAY'S PROCEEDINGS Page 33 SENATE June 16, 1997

HOUSE BILL NO. 1377— HOUSE BILL NO. 1466— BY REPRESENTATIVES DOWNER AND WINDHORST BY REPRESENTATIVE MCMAINS AN ACT AN ACT To enact Chapter 6-A of Title 15 of the Louisiana Revised Statutes of To amend and reenact R.S. 9:2794(B), relative to the locale rule in 1950, to be comprised of R.S. 15:601 through 620, relative to medical malpractice actions; to limit the right of a party to DNA testing of certain criminal defendants; to establish DNA subpoena a physician, dentist, optometrist, or chiropractic databases and data banks of DNA samples; to provide for physician, without his consent and in order to obtain his deposition definitions; to provide for powers and duties of state police; to or testimony for trial; and to provide for related matters. provide for compatibility with the Federal Bureau of Investigation; to provide for instances where DNA samples are taken; to provide Reported without amendments. for certain procedures; to provide for imposition of costs; to provide for confidentiality; to provide for removal of records and HOUSE BILL NO. 1505— destruction of samples; to create a DNA detection fund and BY REPRESENTATIVES CLARKSON AND LONG provide for uses of monies in the fund; and to provide for related AN ACT matters. To amend and reenact R.S. 39:1498(A)(7), relative to approval of contracts; to provide for more specific contract information for Reported without amendments. service contracts prior to approval; and to provide for related matters. HOUSE BILL NO. 1380 (Duplicate of Senate Bill No. 1130)— BY REPRESENTATIVE DOWNER AND SENATOR DARDENNE AND Reported without amendments. COAUTHORED BY REPRESENTATIVES BRUN, MCDONALD, LONG, DEWITT, ALARIO, DUPRE, HUDSON, ILES, JOHNS, KENNEY, LEBLANC, MCCAIN, MCMAINS, MICHOT, POWELL, SALTER, SHAW, THOMAS, HOUSE BILL NO. 1584— WALSWORTH, WIGGINS, THOMPSON, FLAVIN, FRITH, AND SCHNEIDER BY REPRESENTATIVES MCDONALD AND DOWNER AND SENATORS HAINKEL, BEAN, ROMERO, SCHEDLER, SMITH, AND AN ACT THEUNISSEN To amend and reenact R.S. 17:3092(1) and (2), 3093(D)(1)(f) and (h), AN ACT 3095(A)(2), (B), (C)(6) and (7), (D), (F), and (G), 3096(B)(2)(a), To enact R.S. 17:354, relative to state funds; to provide for creation of (D), and (E)(2), 3098(C) and (D), and 3099(A) and (C) and to the Teacher Supplies Fund; to provide for deposit of monies into enact R.S. 17:3091(C) and 3092(10) and R.S. 47:1508(B)(17), the fund; to provide for uses of monies in the fund; and to provide relative to the Louisiana Student Tuition Assistance and Revenue for related matters. Trust Program; to provide legislative intent; to provide program definitions; to provide relative to program administration by the Reported without amendments. Louisiana Tuition Trust Authority and for powers and duties of the authority; to provide for adoption by the authority of certain rules HOUSE BILL NO. 1403— BY REPRESENTATIVE WRIGHT AND SENATOR SMITH pursuant to the Administrative Procedure Act; to provide relative AN ACT to education savings accounts and education assistance accounts; To enact R.S. 13:961(F)(1)(g) and (h), relative to court reporters; to to provide relative to the termination of depositor's agreements; to provide for fees in civil and criminal cases in the Twenty-eighth provide relative to the Louisiana Education and Tuition Savings and Thirty-fifth Judicial District Courts; and to provide for related Fund; to provide for release to the office of student financial matters. assistance of a taxpayer's reported federal adjusted gross income under specified circumstances; and to provide for related matters. Reported without amendments. Reported without amendments. HOUSE BILL NO. 1442— BY REPRESENTATIVE CLARKSON HOUSE BILL NO. 1598— AN ACT BY REPRESENTATIVE CLARKSON To amend and reenact R.S. 24:653(A), relative to the Joint Legislative AN ACT Committee on the Budget; to authorize the committee to study To repeal R.S. 39:1512(B) through (G), relative to reimbursement of service contract requests to determine the impact of privatizing costs; to delete provision for advance payment on service state government functions; and to provide for related matters. contracts; and to provide for related matters. Reported without amendments. Reported without amendments. HOUSE BILL NO. 1462— HOUSE BILL NO. 1601— BY REPRESENTATIVES JETSON AND DEWITT BY REPRESENTATIVE DOERGE AN ACT AN ACT To enact Part L of Chapter 5 of Title 40 of the Louisiana Revised To appropriate funds out of the General Fund of the state of Louisiana Statutes of 1950, to be comprised of R.S. 40:1300.111 through for the Fiscal Year 1996-1997 to the Department of Public Safety 1300.113, relative to health care and morbidity reporting; to and Corrections to be credited to the special fund in the state recognize the Department of Health and Hospitals, office of public treasury created by R.S. 33:2003 for payment of supplemental health, as a state health care data clearinghouse; to provide for the salaries to certain fire department personnel, as provided in R.S. collection and dissemination of health care data by the Department 33:2002, for the purpose of paying uncollected back supplemental of Health and Hospitals, office of public health; to require state pay to Tom Guy Mandino of the Minden Fire Department, agencies to provide information to the office of public health; to contingent upon certain conditions. require licensed health care providers to provide information; to provide for confidentiality of reported data; to provide penalties for Reported without amendments. violations regarding confidentiality of information; to provide HOUSE BILL NO. 1615— penalties for failure to provide such information; and to provide for BY REPRESENTATIVE TRICHE related matters. AN ACT To repeal R.S. 33:2006(C), relative to the Fireman's Supplemental Pay Reported without amendments. Board; to eliminate the fire marshal as an ex officio member of the board. Page 34 SENATE 47th DAY'S PROCEEDINGS June 16, 1997

Reported without amendments. HOUSE BILL NO. 1806— BY REPRESENTATIVES R. ALEXANDER AND DEWITT HOUSE BILL NO. 1738— AN ACT BY REPRESENTATIVE FARVE To enact Part XI-A of Chapter 11 of Title 40 of the Louisiana Revised AN ACT Statutes of 1950, to be comprised of R.S. 40:2197, relative to rural To enact R.S. 15:827(A)(5), relative to the duties of the Department of health clinics; to authorize the Department of Health and Hospitals Public Safety and Corrections; to require the department to devise to license rural health clinics; to prohibit operation of a rural health and offer a comprehensive program of released offender transition clinic without a license; to require the department to prescribe and services; and to provide for related matters. publish minimum standards, rules, and regulations as necessary; to provide that licenses issued for rural health clinics are not Reported without amendments. transferrable or assignable between persons, rural health clinics, or both; to provide for the location of each rural health clinic; to HOUSE BILL NO. 1739— require each location of a rural health clinic to be separately BY REPRESENTATIVE FARVE (BY REQUEST) licensed; to provide for exemptions; to define rural health clinic AN ACT and midlevel practitioner; and to provide for related matters. To amend and reenact R.S. 15:874(2) and (4)(c) and (d) and to enact R.S. 15:874(4)(e), relative to inmate's compensation accounts; to Reported without amendments. provide for deposits and uses of monies in inmate's savings accounts once the account balance reaches two hundred fifty HOUSE BILL NO. 1814— dollars; and to provide for related matters. BY REPRESENTATIVE FAUCHEUX AN ACT Reported without amendments. To amend and reenact R.S. 14:81(A) and 93.2, relative to crimes committed against juveniles; to remove the requirement that the HOUSE BILL NO. 1744— offender in the crime of indecent behavior with a juvenile must be BY REPRESENTATIVE GUILLORY over the age of seventeen; to prohibit the body piercing of a minor AN ACT without the consent of a parent or legal custodian; and to provide To enact R.S. 32:1504(C), relative to transportation of hazardous for related matters. materials; to provide for inspection of rail cars transporting hazardous materials; and to provide for related matters. Reported without amendments. Reported without amendments. HOUSE BILL NO. 1822— BY REPRESENTATIVE MARTINY HOUSE BILL NO. 1754— AN ACT BY REPRESENTATIVE TOOMY To amend and reenact R.S. 33:2218.4(D) and to enact R.S. AN ACT 23:1021(10)(e), relative to state supplemental pay; to exclude state To enact R.S. 14:93.20, relative to the unlawful sale, purchase, and supplemental pay from the calculation of average weekly wage for possession of alcoholic beverages; to provide for the crime of purposes of workers' compensation benefits for municipal police unlawful shipments of beverage alcohol to Louisiana consumers officers; and to provide for related matters. under certain cirmumstances; to provide for registration and for payment of fees and taxes on authorized shipments; to provide for Reported without amendments. an exception; to provide for penalties; and to provide for related matters. HOUSE BILL NO. 1843— BY REPRESENTATIVE FORSTER Reported without amendments. AN ACT To appropriate funds out of Federal Funds for the Fiscal Year 1997- HOUSE BILL NO. 1801— 1998 to the Department of Labor for immediate deposit into the BY REPRESENTATIVE DEWITT Employment Security Administration Fund for specific purposes. AN ACT To enact R.S. 9:4870(B)(4), relative to privileges on immovables; to Reported without amendments. provide for the ranking of liens and privileges on oilfield property in favor of the commissioner of conservation; and to provide for HOUSE BILL NO. 1872— related matters. BY REPRESENTATIVE HOLDEN AN ACT Reported without amendments. To amend and reenact R.S. 14:138, relative to crimes of official misconduct and corrupt practices; to provide for an exception to HOUSE BILL NO. 1802— the crime of public payroll fraud; and to provide for related matters. BY REPRESENTATIVE DEWITT AN ACT Reported without amendments. To amend and reenact R.S. 9:4863(A) and to enact R.S. 9:4863(D), relative to privileges that attach to certain oil, gas, and water wells; HOUSE BILL NO. 1876— to provide an exception for equipment brought onto a lease for the BY REPRESENTATIVE WIGGINS plugging and abandonment of wells and the closure of related pits; AN ACT to provide an exception for tubular goods recovered as a result of To authorize the Department of Health and Hospitals to lease certain plugging and abandoning operations; and to provide for related property to Alexandria Affordable Housing, Inc; and to provide for matters. related matters. Reported without amendments. Reported without amendments. 47th DAY'S PROCEEDINGS Page 35 SENATE June 16, 1997

HOUSE BILL NO. 1911— HOUSE BILL NO. 1948— BY REPRESENTATIVES DOWNER, BRUN, MCDONALD, LONG, DEWITT, BY REPRESENTATIVE WIGGINS ALARIO, DUPRE, ILES, KENNEY, MCCAIN, MCMAINS, MICHOT, POWELL, AN ACT SALTER, THOMAS, WALSWORTH, WIGGINS, LEBLANC, RIDDLE, AND THOMPSON AND SENATORS DARDENNE, BEAN, SCHEDLER, SMITH, To amend and reenact R.S. 37:1106, relative to the Louisiana Licensed AND THEUNISSEN Professional Counselors Board of Examiners; to provide for fees AN ACT and the amount of such fees to be collected by the Louisiana To enact R.S. 17:3921.2, relative to state funds; to provide for creation Licensed Professional Counselors Board of Examiners; to provide of the Classroom-based Technology Fund within the state treasury; for late fees; to provide for the method of payment for such fees; to provide for deposit of monies into the fund; to provide for use to authorize the board to assess costs connected with disciplinary and distribution of monies in the fund; to provide for creation of actions; to authorize the board to collect fines not to exceed a the State Technology Advisory Committee; to provide for a grant certain amount; and to provide for related matters. program to help provide educational technologies for Louisiana's elementary and secondary school students; and to provide for Reported without amendments. related matters. HOUSE BILL NO. 1952— Reported without amendments. BY REPRESENTATIVE HEBERT AN ACT HOUSE BILL NO. 1921— To enact R.S. 33:2218.2(C)(8)(c), relative to supplemental monthly BY REPRESENTATIVE THOMPSON compensation for certain full-time law enforcement officers; to AN ACT provide for eligibility for supplemental pay for certain elected city To amend and reenact R.S. 3:313(7), 315(9), 318, and 322(C) and to marshals; and to provide for related matters. enact R.S. 3:313(10) and 323(D) and Part III of Chapter 4-A of Title 3 of the Louisiana Revised Statutes of 1950, to be comprised Reported without amendments. of R.S. 3:331 through 338, relative to the Louisiana Rural Development Law; to provide for the definition of rural areas; to HOUSE BILL NO. 2090— provide for functions, powers, and duties of the office of rural BY REPRESENTATIVE DEWITT development; to provide for contract authority; to create and AN ACT provide relative to the rural development loan program; to create To amend and reenact R.S. 40:1300.52(D)(1) and 1300.53(A), relative and provide relative to the Rural Development Loan Fund; and to to criminal history checks performed by the office of state police; provide for related matters. to provide that information regarding convictions of certain offenses shall be provided to employers; to provide that an Reported without amendments. employer may refuse to hire persons convicted of certain offenses; and to provide for related matters. HOUSE BILL NO. 1932— BY REPRESENTATIVES MCDONALD, DOWNER, BARTON, BAUDOIN, Reported without amendments. CRANE, DOERGE, HILL, KENNEY, LONG, POWELL, PRATT, AND SHAW AND SENATOR EWING HOUSE BILL NO. 2098— AN ACT BY REPRESENTATIVE DEWITT To amend and reenact R.S. 17:3042.1(A)(3) and (4), (B), (C), and (D) AN ACT and 3042.2(A) and (B) and to enact R.S. 17:3042.1(A)(5), relative To amend and reenact R.S. 40:1379.3(H), relative to concealed to loans for students enrolled in collegiate teacher preparation handgun permits; to provide for the issuance of concealed handgun programs; to provide relative to eligibility requirements including permits for up to four years; and to provide for related matters. certain test scores and grade point averages; to provide relative to the authority of the commission to make such loans; to remove a Reported without amendments. provision relative to grade point average requirement exceptions; to provide relative to loan amounts for certain applicants; to HOUSE BILL NO. 2100— remove provisions relative to loans for graduate school students; BY REPRESENTATIVE DEWITT and to provide for related matters. AN ACT To amend and reenact R.S. 40:1379.3(I)(3)(introductory paragraph) and Reported with amendments. (M), relative to the concealed handgun permit law; to change references to "weapon" to "handgun"; and to provide for related LEGISLATIVE BUREAU AMENDMENTS matters. Amendments proposed by Legislative Bureau to Engrossed House Bill Reported without amendments. No. 1932 by Representative McDonald HOUSE BILL NO. 2111— AMENDMENT NO. 1 BY REPRESENTATIVE DONELON In Senate Committee Amendment No. 1 proposed by the Senate AN ACT Committee on Education adopted by the Senate on May 30, 1997, on To enact R.S. 22:15, relative to automobile insurance; to create the line 2, following "(A)(5)" insert "and (6)," Council on Automobile Insurance Rates and Enforcement; to provide for the membership, authority, quorum, public hearings AMENDMENT NO. 2 and records, employment, supervision, and compensation of In Senate Committee Amendment No. 4 proposed by the Senate personnel, duties, obligations, and report of the council; and to Committee on Education adopted by the Senate on May 30, 1997, on provide for related matters. line 12, following "(A)(5)" insert "and (6)," Reported without amendments. AMENDMENT NO. 3 In Senate Committee Amendment No. 5 proposed by the Senate HOUSE BILL NO. 2120— Committee on Education adopted by the Senate on May 30, 1997, on BY REPRESENTATIVE TRAVIS line 19, insert three asterisks "***" AN ACT To amend and reenact R.S. 37:3503(2) through (8)(a), (9), and (10), 3504(B), 3505(A)(1) and (5), (B)(6), (C), and (D), 3506, 3514(A)(2) and (F)(1), and 3516(A)(2)(introductory paragraph), Page 36 SENATE 47th DAY'S PROCEEDINGS June 16, 1997

to enact R.S. 37:3503(11), and 3507(A)(7), and to repeal R.S. (v) Undercover agents working with the United States, this state, 37:3503(8)(b)(vii), relative to private investigators; to provide for or any political subdivision while engaged in the performance of their definitions; to provide relative to the membership of the Louisiana official duties. State Board of Private Investigator Examiners; to provide for the powers, duties, and responsibilities of the board; to provide for (vi) A person primarily engaged in the business of furnishing position of executive director and his duties; to provide for confidential information for the purposes of a consumer reporting qualifications of licensee; to provide for investigator registration agency, as defined by the Federal Fair Credit Reporting Act, 15 U.S.C. cards; to provide for fees; and to provide for related matters. 1681 et seq. Reported with amendments. (vii) A person licensed by the Louisiana State Board of Private Security Examiners only when investigating at his place of employment LEGISLATIVE BUREAU AMENDMENTS during the performance of his duties pursuant to R.S. 37:3272(18). Amendments proposed by Legislative Bureau to Reengrossed House (viii) (vii) A person or corporation which employs persons who do Bill No. 2120 by Representative Travis private investigative work in connection with the affairs of such employer exclusively and who have an employer-employee relationship AMENDMENT NO. 1 with such employer. Neither such persons or corporations nor their On page 1, line 2 and page 1, line 14, following "through" and before employees shall be required to register or be licensed under this Chapter. "(10)" delete "(8)(a), (9), and" (ix) (viii) A person engaged as a professional employment AMENDMENT NO. 2 screening consultant conducting a face to face interview with an On page 1, line 14, following the comma "," and before "to" insert applicant or candidate for employment." "and" and following "37:3503(11)" delete the comma "," AMENDMENT NO. 6 AMENDMENT NO. 3 On page 3, line 23, following "large" and before "from" delete On page 1, line 5, following "3507(A)(7)," and before "relative" delete "appointed" "and to repeal R.S 37:3503(8)(b)(vii)" AMENDMENT NO. 7 AMENDMENT NO. 4 On page 3, line 26, before "from" delete "appointed" On page 2, line 9, following "3503" and before the comma "," change "(8)" to "(7)" AMENDMENT NO. 8 On page 7, line 24, delete line 24 in its entirety AMENDMENT NO. 5 On page 3, delete line 7 in its entirety and insert: HOUSE BILL NO. 2132— BY REPRESENTATIVES WINDHORST AND DEWITT "(i) Crimes or wrongs committed. AN ACT To amend and reenact R.S. 40:1379.3.1(A), to establish a fee for the (ii) Identity, habits, conduct, business, occupation, honesty, issuance of duplicate concealed handgun permits; and to provide integrity, credibility, knowledge, trustworthiness, efficiency, loyalty, for related matters. activity, movement, whereabouts, affiliations, associations, transactions, acts, reputation, or character of any person. Reported without amendments. (iii) The location, disposition, or recovery of stolen property. HOUSE BILL NO. 2136— BY REPRESENTATIVES WINDHORST AND DEWITT AN ACT (iv) The cause or responsibility for fires, libels, losses, accidents, To amend and reenact R.S. 40:1379.3(C)(1), to provide for penalties of damages, or injuries to persons or to properties. However, scientific a fine or suspension of the permit if a holder of a concealed research laboratories, technical experts, and licensed engineers shall not handgun permit fails to notify the proper authorities of a change of be included in this definition. the name or address of the permit holder; and to provide for related matters. (v) Securing evidence to be used before any court, board, officer, or investigative committee. Reported without amendments. (b) This definition shall not include any of the following: HOUSE BILL NO. 2162— BY REPRESENTATIVE STRAIN (i) Insurer employees or agents and insurance adjusters or claims AN ACT agents who make appraisals for the monetary value or settlement of To enact R.S. 15:571.22, relative to certain immunities from liability for damages or monetary value or settlement of personal injuries. probation and parole officers; to provide that such officers are immune from civil and criminal liability for release of information (ii) An officer or employee of the United States, this state, or any necessary for public protection; to provide for limitation of political subdivision of either while such officer or employee is engaged immunity; and to provide for related matters. in the performance of his official duties within the course and scope of his employment with the United States, this state, or any political Reported without amendments. subdivision. HOUSE BILL NO. 2269— (iii) A person engaged exclusively in the business of obtaining and BY REPRESENTATIVE MONTGOMERY furnishing information as to the financial rating or credit worthiness of AN ACT persons. To amend and reenact R.S. 27:93(A)(2)(i) and to enact R.S. 27:93(A)(7), relative to admission fees for riverboats; to provide (iv) An attorney at law licensed to practice in this state and his for allocation of the boarding fee levied in Bossier Parish; to employees. provide restrictions; to provide with respect to the use of the fee; and to provide for related matters. 47th DAY'S PROCEEDINGS Page 37 SENATE June 16, 1997

Reported without amendments. crime victim's assistance information phone line; and to provide for related matters. HOUSE BILL NO. 2284— BY REPRESENTATIVE HEBERT Reported without amendments. AN ACT To enact R.S. 42:1123(24), relative to the ethics code; to provide that HOUSE BILL NO. 2335— the ethics code shall not prohibit clients of certain charitable BY REPRESENTATIVE GREEN organizations from serving on the boards of such organizations; AN ACT and to provide for related matters. To enact R.S. 9:196, relative to the care of minor children; to authorize a natural tutor to act on behalf of a minor in matters involving less Reported without amendments. than seven thousand five hundred dollars without qualifying for the office of tutor; and to provide for related matters. HOUSE BILL NO. 2289— BY REPRESENTATIVES R. ALEXANDER AND DEWITT Reported without amendments. AN ACT To enact Subpart I of Part XI of Chapter 7 of Title 15 of the Louisiana HOUSE BILL NO. 2346— Revised Statutes of 1950, to be comprised of R.S. 15:1105 BY REPRESENTATIVE BRUCE through 1105.7, relative to juvenile detention facilities; to create AN ACT and provide with respect to the Central Louisiana Juvenile To amend and reenact Code of Criminal Procedure Arts. 871(B) and Detention Facility Authority for certain parishes; to provide for a (C), relative to the affixing of fingerprints to the bill of indictment; board of commissioners of the authority and for the composition, to require that the fingerprints of persons convicted of certain administration, powers, and duties of the board, including the misdemeanor crimes must be affixed to the bill of indictment; and power to incur debt, issue bonds, and levy taxes; and to provide for to provide for related matters. related matters. Reported without amendments. Reported with amendments. HOUSE BILL NO. 2361— LEGISLATIVE BUREAU AMENDMENTS BY REPRESENTATIVES LANDRIEU AND WELCH AN ACT Amendments proposed by Legislative Bureau to Engrossed House Bill To amend and reenact R.S. 33:2002(A), relative to extra compensation No. 2289 by Representative Rodney Alexander for firefighters; to clarify the application of certain training standards for supplemental pay eligibility; and to provide for related AMENDMENT NO. 1 matters. In Senate Committee Amendment No. 5 proposed by the Senate Committee on Judiciary A adopted by the Senate on June 13, 1997, on Reported without amendments. line 29, after "composed" and before "directors" insert "of eleven" HOUSE BILL NO. 2365— HOUSE BILL NO. 2300— BY REPRESENTATIVE GLOVER BY REPRESENTATIVE DOWNER AN ACT AN ACT To enact R.S. 36:109(E)(4) and Chapter 16-A of Title 37 of the To amend and reenact R.S. 9:3861(A)(introductory paragraph) and (1), Louisiana Revised Statutes of 1950, to be comprised of R.S. relative to a military power of attorney; to provide with respect to 37:1391 through 1401, relative to licensing and regulation of those who may execute a military power of attorney; and to locksmiths; to create the State Licensing Board for Locksmiths; to provide for related matters. provide for membership, terms, powers, and duties of the board; to provide for licensing of locksmiths; to provide for licensing fees; Reported without amendments. to provide for exemptions and exceptions to licensing requirements; to provide for license renewal, inactive status, denial, HOUSE BILL NO. 2302— suspension, and revocation of licenses; to provide for an BY REPRESENTATIVE RIDDLE implementation period; to provide for prohibited activities and AN ACT penalties for violations; and to provide for related matters. To enact Part III-F of Title 19 of the Louisiana Revised Statutes of 1950, comprised of R.S. 19:135 through 135.8, relative to Reported with amendments. expropriation by a declaration of taking; to provide for the expropriation of property in this manner by certain parishes; to LEGISLATIVE BUREAU AMENDMENTS provide for definitions; to provide for authority to expropriate; to provide for the contents and place of filing of the petition; to Amendments proposed by Legislative Bureau to Reengrossed House provide for the prayer of the petition and for an ex parte order of Bill No. 2365 by Representative Glover deposit of estimated compensation; to provide for vesting of title; to provide for notice to the owner of the property; to provide for AMENDMENT NO. 1 contesting the validity of the expropriation and for waiver of On page 6, line 13, following "required" and before the period "." defenses; to provide for the answer by the owner; to provide the change "herein" to "by this Chapter" penalty for the nonuse of the expropriated property; and to provide for related matters. AMENDMENT NO. 2 On page 12, line 4, following "(B)" delete "of this" and on line 5, delete Reported without amendments. "Chapter" HOUSE BILL NO. 2325— HOUSE BILL NO. 2386— BY REPRESENTATIVE TOOMY BY REPRESENTATIVES LONG, ALARIO, BOWLER, BRUN, CRANE, AN ACT DAMICO, DEWITT, DIEZ, DIMOS, DONELON, DUPRE, DURAND, FAUCHEUX, FONTENOT, FRITH, GAUTREAUX, HEBERT, JOHNS, To amend and reenact R.S. 46:1844(A)(2), (C)(2), (H), (K)(2)(a) and KENNARD, LANCASTER, LEBLANC, MARTINY, MCCALLUM, (3)(b), (M)(1), and (Y), relative to rights of crime victims; to MCDONALD, MCMAINS, MORRISH, PINAC, POWELL, QUEZAIRE, SALTER, SCALISE, JOHN SMITH, STELLY, THOMAS, TRICHE, WIGGINS, AND provide for rights of victims; to provide for the establishment of a WINSTON AND SENATORS BEAN, HINES, LANDRY, AND SIRACUSA Page 38 SENATE 47th DAY'S PROCEEDINGS June 16, 1997

AN ACT HOUSE BILL NO. 2471— To amend and reenact R.S. 46:450.1(C), (D), and (E) and to enact R.S. BY REPRESENTATIVE POWELL 46:450.1(F) and (G), relative to the system for electronic AN ACT distribution of certain public entitlement benefits; to require the To amend and reenact R.S. 37:2809(A)(2) and (8), to enact R.S. contract program for such distribution system to provide merchants 37:2809(A)(11), and to repeal Part II of Chapter 36 of Title 37 of the option to utilize commercial automated teller machines and the Louisiana Revised Statutes of 1950, comprised of R.S. point of sale terminals to interface with the electronic benefits 37:2830.1 through 2830.7, relative to the Louisiana Board of transfer provider; to require the contract program to provide for Chiropractic Examiners; to increase maximum fees for a certificate reimbursement by the electronic benefits transfer provider of of internship and a certificate of chiropractic assistant to perform certain costs incurred by merchants in the processing of benefits chiropractic X-rays; to add a fee for annual X-ray certificate under the electronic issuance system; to require the contract registration; to repeal provisions relative to chiropractic program to provide that the cash back provisions of the electronic management consultants; and to provide for related matters. issuance system allow the merchant to charge the recipient reasonable and customary charges and contain a schedule of fees Reported without amendments. and charges for the provision of cash back services; to provide that participation in the program not cause or require any merchant to HOUSE BILL NO. 2476— BY REPRESENTATIVE LEBLANC incur any expense or cost; to require that the statewide expansion AN ACT and implementation of the electronic issuance program shall To amend and reenact R.S. 24:603(1), 653(F), and 655 and R.S. 39:2, include and incorporate the provisions hereof and contracts with 36 (introductory paragraph), and 73(B) and (C)(2) and (3) and to merchants and providers not be required for participation in the enact R.S. 24:522(C)(10) and (I) and R.S. 39:31, 32(I) and (J), program until certain acts occur; and to provide for related matters. and 51(C) and Subpart D of Part II of Chapter 1 of Subtitle I of Title 39 of the Louisiana Revised Statutes of 1950, to be Reported without amendments. comprised of R.S. 39:87.1 through 87.4, relative to operating budgets; to provide for the duties of the legislative auditor and the HOUSE BILL NO. 2391— BY REPRESENTATIVE WIGGINS legislative fiscal officer; to provide for the duties and powers of the AN ACT Joint Legislative Committee on the Budget; to provide for To enact R.S. 13:1000 and 1908, relative to certain district and city definitions; to provide for a strategic planning process for certain courts; to provide for the assessment of additional costs in criminal agencies; to require production and submission of certain planning matters for the support of court-appointed special advocate and budgeting documents; to provide relative to transfers of funds (CASA) programs; to provide for applicability to parishes with a and the impacts of same on performance; to provide for contents population within a certain range; and to provide for related of executive budget and the General Appropriation Bill; to provide matters. for performance budgeting requirements and procedures; to provide for performance measures within appropriations; to require Reported without amendments. reporting of performance data by certain agencies; to provide for provisions for rewards and penalties associated with performance HOUSE BILL NO. 2435— of certain agencies; to authorize the granting of rewards or BY REPRESENTATIVE FONTENOT imposition of penalties by Joint Legislative Committee on the AN ACT Budget; to provide for inclusion of provisions granting rewards or To enact R.S. 46:460.4 and Part V of Chapter 14 of Title 49 of the imposing penalties within certain instruments; and to provide for Louisiana Revised Statutes of 1950, to be comprised of R.S. related matters. 49:1021, relative to testing certain persons for use of drugs; to provide for legislative policy; to direct the secretary of the Reported with amendments. Department of Social Services in consultation with the secretary of the Department of Health and Hospitals and the commissioner of LEGISLATIVE BUREAU AMENDMENTS administration to establish a mandatory drug testing program for certain adults in the Temporary Assistance for Needy Families Amendments proposed by Legislative Bureau to Reengrossed House Block Grant Program; to provide for the suspension of a program Bill No. 2476 by Representative LeBlanc participant identified as an illegal drug user in certain circumstances; to provide for a program of education and AMENDMENT NO. 1 rehabilitation; to provide for random drug tests for certain persons On page 23, line 1, following "Subsection" and before "of" change "F" receiving something of value from the state; to provide for rules to "E" and regulations; and to provide for related matters. HOUSE BILL NO. 2480— Reported without amendments. BY REPRESENTATIVE PERKINS AN ACT HOUSE BILL NO. 2466— To enact R.S. 14:90.3, relative to offenses affecting general morality; to BY REPRESENTATIVE CLARKSON create the crime of gambling by computer; to provide definitions; AN ACT to provide penalties; to provide exceptions; and to provide for To amend and reenact R.S. 46:56(F)(4)(c) and to enact R.S. 46:1425, related matters. relative to child care facilities; to require the Department of Social Services to provide certain information related to child care Reported without amendments. facilities; to provide for the release of confidential information pertaining to child abuse investigations; and to provide for related HOUSE BILL NO. 2490— matters. BY REPRESENTATIVE WILLARD-LEWIS AN ACT Reported without amendments. To enact R.S. 46:460.4, relative to Temporary Assistance for Needy Families Block Grant benefits; to require the Department of Social Services to provide for a six-month income disregard for recipients of Temporary Assistance for Needy Families Block Grant benefits; to require the department to promulgate rules and regulations relative to the earned income disregard program; to provide relative 47th DAY'S PROCEEDINGS Page 39 SENATE June 16, 1997

to exceptions to the state time limitations imposed upon the receipt On motion of Senator Bagneris, the Legislative Bureau of TANF benefits; and to provide for related matters. amendments were adopted and the Bills and Joint Resolutions were read by title and passed to a third reading. Reported without amendments. Rules Suspended HOUSE BILL NO. 2492— BY REPRESENTATIVES WINSTON AND BRUCE AN ACT Senator Hainkel asked for and obtained a suspension of the rules To enact R.S. 37:1285.2, relative to the practice of medicine; to provide for the purpose of taking up at this time. for the establishment of the Advisory Committee on Pain of the Louisiana State Board of Medical Examiners; to provide for the Reports of Committees membership, powers, and duties of said committee; and to provide for related matters. The following reports of committees were received and read: Reported without amendments. S U P P L E M E N T A L HOUSE BILL NO. 2495— REPORT OF COMMITTEE ON BY REPRESENTATIVE WALSWORTH AN ACT To amend and reenact R.S. 18:55(A)(2) and (3)(a) and (C) and JUDICIARY C 59(B)(2) and (3)(a), (C)(2) and (3)(a), and (E), relative to the compensation of certain registrars of voters, chief deputy registrars, Senator Jordan, Chairman on behalf of the Committee on Judiciary and confidential assistants; to provide for a salary increase for C, submitted the following report: certain registrars of voters, chief deputy registrars, and confidential assistants; to provide for changes to the pay schedule for each; and June 13, 1997 to provide for related matters. To the President and Members of the Senate: Reported without amendments. I am directed by your Committee on Judiciary C to submit the HOUSE BILL NO. 2503— following report: BY REPRESENTATIVES GUILLORY, HOLDEN, JETSON, AND WESTON AN ACT HOUSE BILL NO. 521— To enact Part L of Chapter 5 of Title 40 of the Louisiana Revised BY REPRESENTATIVE DUPRE Statutes of 1950, to be comprised of R.S. 40:1300.111 through AN ACT 1300.114, relative to health care; to enact the Federal Qualified To amend and reenact R.S. 32:661(A) and (C)(1), 661.1(A) and (C)(1), Health Centers (FQHCs) Preservation Act; to provide for 662, 666(A)(3), 667(B)(1), and 668(A)(1) and (4) and legislative findings and purpose; to provide definitions; to provide (B)(1)(a)(introductory paragraph) and (b), and to enact R.S. for certain reimbursements in the state Medicaid plan; to provide 32:667(B)(5) and 668(B)(1)(d), relative to the Implied Consent for promulgation of such reimbursement provisions; and to provide Law; to provide for substances for which tests may be for related matters. administered; to provide for the consequences, including driver's license suspensions, of submitting to or refusing to submit to such Reported with amendments. tests; to provide for the method of measuring blood alcohol concentration or level; to provide for the levels of blood alcohol LEGISLATIVE BUREAU AMENDMENTS concentration; to provide for administrative hearing procedures; and to provide for related matters. Amendments proposed by Legislative Bureau to Reengrossed House Bill No. 2503 by Representative Guillory Reported with amendments. HOUSE BILL NO. 1839— AMENDMENT NO. 1 BY REPRESENTATIVE WINDHORST On page 4, line 15, following "and" and before "received" insert AN ACT "payments" To amend and reenact R.S. 40:2601(5), 2606, 2611(L), 2612(E) and (G), and 2616(A), (B)(3)(b), (C), and (D), to enact R.S. AMENDMENT NO. 2 40:2616(E) and (F) and R.S. 15:1225, and to repeal Chapter 13 of On page 4, line 23, following "U.S.C." and before "340" change ", Title 32, comprised of R.S. 32:1550 through 1553, relative to Section 501(c)(3) or" to "501(c)(2), or Section" seizure and forfeiture of contraband and controlled dangerous substances; to provide definitions; to provide with respect to HOUSE BILL NO. 2512 (Substitute For House Bill No. 2081 forfeiture proceedings; to provide for a drug asset forfeiture grant by Representative Hunter)— trust fund; to provide for administration of the fund; to reduce the BY REPRESENTATIVE HUNTER AN ACT amount of the cost bond requirement for recovery of seized To enact R.S. 9:4814, relative to the Private Works Act; to provide for property by an owner or interest holder; to change the burden of assessment of civil penalties against contractors for failure to pay proof required in forfeiture proceedings; to provide for sales of materialmen and laborers; to provide for recovery of funds owed, seized items; and to provide for related matters. including costs and attorney fees; and to provide for related matters. Reported with amendments. HOUSE BILL NO. 2372— Reported without amendments. BY REPRESENTATIVES KENNARD, BRUCE, CLARKSON, CRANE, DIEZ, Respectfully submitted, DIMOS, DONELON, DUPRE, FLAVIN, FONTENOT, FRITH, GAUTREAUX, DENNIS BAGNERIS HILL, ILES, JOHNS, KENNEY, LANCASTER, LEBLANC, MCDONALD, MCMAINS, MORRISH, POWELL, QUEZAIRE, SCALISE, SCHNEIDER, JACK Chairman SMITH, JOHN SMITH, STELLY, STRAIN, THOMAS, THOMPSON, TRICHE, VITTER, WALSWORTH, WIGGINS, WILLARD-LEWIS, AND WRIGHT Adoption of Legislative Bureau Report AN ACT Page 40 SENATE 47th DAY'S PROCEEDINGS June 16, 1997

To amend and reenact R.S. 49:1015(C), (D), and (E) and to enact R.S. Reported with amendments. 49:1015(F), (G), and (H), relative to testing public employees for use of drugs; to provide relative to drug testing of public employees HOUSE BILL NO. 857— in safety-sensitive or security-sensitive positions; to authorize BY REPRESENTATIVE MURRAY public employers to require samples from an employee for drug A JOINT RESOLUTION testing under certain circumstances; to provide with respect to Proposing to amend Article VII, Section 25(A) of the Constitution of testing for reasonable suspicion of drug use; to provide for Louisiana, to provide relative to the sale of property for unpaid disciplinary action only under certain circumstances; to provide taxes in certain municipalities; to authorize sales with no minimum under certain circumstances for the payment of certain costs by the bid under certain conditions; to provide relative to proceeds of such public employer; to provide for certain exceptions; to provide for sales and remaining liabilities on the property; to provide for voluntary drug testing of public employees; and to provide for submission of the proposed amendment to the electors; and to related matters. provide for related matters. Reported with amendments. Reported favorably. Respectfully submitted, HOUSE BILL NO. 2426— BY REPRESENTATIVE HOLDEN J. LOMAX JORDAN, JR. AN ACT Chairman To enact R.S. 17:1855, relative to public higher education tuition and attendance fees; to authorize the Board of Supervisors of Southern REPORT OF COMMITTEE ON University and Agricultural and Mechanical College to impose certain specified tuition and attendance fee amounts; and to REVENUE AND FISCAL AFFAIRS provide for related matters. Senator Barham, Chairman on behalf of the Committee on Reported favorably. Revenue and Fiscal Affairs, submitted the following report: Respectfully submitted, June 16, 1997 ROBERT J. BARHAM Chairman To the President and Members of the Senate: REPORT OF COMMITTEE ON I am directed by your Committee on Revenue and Fiscal Affairs to submit the following report: SENATE AND GOVERNMENTAL AFFAIRS HOUSE CONCURRENT RESOLUTION NO. 196— BY REPRESENTATIVE ALARIO Senator Dardenne, Chairman on behalf of the Committee on A CONCURRENT RESOLUTION Senate and Governmental Affairs, submitted the following report: To urge and request the Department of Revenue and Taxation to suspend the application and enforcement of the provisions of R.S. June 16, 1997 47:300.1 through 300.3 as enacted by Act No. 41 of the 1996 Regular Session of the legislature, applicable to taxable periods To the President and Members of the Senate: after December 31, 1996, and to continue enforcement of the provisions of Parts I and II of Chapter 1 of Title 47 as existed prior I am directed by your Committee on Senate and Governmental to enactment of Act No. 41 of the 1996 Regular Session of the Affairs to submit the following report: Legislature. HOUSE BILL NO. 646— BY REPRESENTATIVES FONTENOT AND JENKINS Reported favorably. AN ACT To enact R.S. 42:1116.1 and 1141(B)(3), relative to the ethics code; to HOUSE CONCURRENT RESOLUTION NO. 222— BY REPRESENTATIVE FORSTER provide for random drug testing of elected officials; to provide for A CONCURRENT RESOLUTION the development, administration, and enforcement of the drug To urge and request the Department of Revenue and Taxation to grant testing program for elected officials by the Board of Ethics; to to the Kiefer UNO Lakefront Arena an exemption from state sales declare the intention and policy of the legislature; to provide for and use taxes on admission tickets pursuant to R.S. 39:468. certain assistance by the legislative auditor, commissioner of administration, and the secretary of the Department of Health and Reported favorably. Hospitals; to require payment of costs of the program by the Board of Ethics; to provide that testing positive for illegal drugs is HOUSE BILL NO. 235— prohibited; to provide that failure to submit to a drug test required BY REPRESENTATIVE FLAVIN under the program is prohibited; to provide for penalties; to provide AN ACT for definitions; to provide for implementation of the program; and To amend and reenact R.S. 30:2205(A)(1), relative to the hazardous to provide for related matters. waste tax; to provide for the uses of the tax funds; and to provide for related matters. Reported with amendments. Reported favorably. HOUSE BILL NO. 2521 (Substitute for House Bill No. 2244 By Representative Downer, et al.)— HOUSE BILL NO. 394— BY REPRESENTATIVE DOWNER AND SENATOR EWING AND BY REPRESENTATIVE ALARIO REPRESENTATIVES BRUNEAU, R. ALEXANDER, DIEZ, DIMOS, DUPRE, FORSTER, LEBLANC, MCCAIN, MCDONALD, MCMAINS, PIERRE, JOHN AN ACT SMITH, STELLY, AND TRICHE To amend and reenact R.S. 27:91(A)(5) and (6) and to enact R.S. AN ACT 27:91(A)(7) and (8), relative to riverboat gaming permit and To amend and reenact R.S. 47:6011(A)(2), to enact R.S. 24:38(D), (E), license fees; to reduce the fee for gaming employee permit and (F) and Part II-A of Chapter 1 of Title 24 of the Louisiana renewals; and to provide for related matters. 47th DAY'S PROCEEDINGS Page 41 SENATE June 16, 1997

Revised Statutes of 1950, to be comprised of R.S. 24:41 through REPORT OF COMMITTEE ON 48, and to repeal R.S. 49:135 and 150.1, relative to the state capitol complex; to define the state capitol complex boundaries; to FINANCE provide for the authority of the Legislative Budgetary Control Council relative to the state capitol complex; to provide for the Senator Hainkel, Chairman on behalf of the Committee on composition, duties, and powers of the commission; to create the Finance, submitted the following report: office of capitol complex facility management; to provide for its duties and responsibilities with respect to the state capitol complex; June 16, 1997 to provide relative to security for the state capitol complex; to provide for the allocation of space within the state capitol complex; To the President and Members of the Senate: and to provide for related matters. I am directed by your Committee on Finance to submit the Reported with amendments. following report: Respectfully submitted, HOUSE BILL NO. 62— BY REPRESENTATIVES FAUCHEUX, FRITH, HEBERT, MICHOT, AND JAY DARDENNE ROUSSELLE CHAIRMAN AN ACT To appropriate funds out of the General Fund of the state of Louisiana REPORT OF COMMITTEE ON for Fiscal Year 1997-1998 to the Department of Public Safety and Corrections to be used to pay back supplemental pay to certain TRANSPORTATION, HIGHWAYS, AND PUBLIC constables and justices of the peace. WORKS Reported with amendments. Senator Landry, Chairman on behalf of the Committee on HOUSE BILL NO. 429— Transportation, Highways, and Public Works, submitted the following BY REPRESENTATIVE WARNER report: A JOINT RESOLUTION Proposing to add Article VIII, Section 16 of the Constitution of June 16, 1997 Louisiana, to authorize the legislature to provide for the creation, governance, management, and control of a community college To the President and Members of the Senate: system and for the transfer of the supervision and control of certain educational institutions and programs; to provide certain I am directed by your Committee on Transportation, Highways, preconditions for enacting legislation creating a community college and Public Works to submit the following report: system; to provide for submission of the proposed amendment to the electors; and to provide for related matters. HOUSE BILL NO. 670— BY REPRESENTATIVE GAUTREAUX Reported favorably. AN ACT To amend and reenact R.S. 32:364, relative to motor vehicles; to require HOUSE BILL NO. 693— that passenger cars be equipped with fenders, covers, or other BY REPRESENTATIVES TRAVIS, DOWNER, AND DEWITT devices so as to minimize the spray of water or other materials; and AN ACT to provide for related matters. To amend and reenact R.S. 51:2312(A)(introductory paragraph) and to enact Part V of Chapter 39 of Title 51 of the Louisiana Revised Reported favorably. Statutes of 1950, to be comprised of R.S. 51:2341 and 2342 and to repeal R.S. 51:2312.1, relative to the Economic Development HOUSE BILL NO. 2042— Awards Program; to transfer administration of the program; to BY REPRESENTATIVE DEWITT create the Economic Development Awards Fund and provide for AN ACT disposition of the funds; and to provide for related matters. To amend and reenact R.S. 32:707(K), relative to certificates of title; to designate the Department of Public Safety and Corrections to Reported with amendments. assess civil penalties to anyone who has sold or dismantled a total loss vehicle in violation of the law; and to provide for related HOUSE BILL NO. 726— matters. BY REPRESENTATIVE FAUCHEUX AN ACT Reported favorably. To enact Chapter 26 of Title 48 of the Louisiana Revised Statutes of 1950, to be comprised of R.S. 48:2021 through 2026, relative to HOUSE BILL NO. 2463— the South Central Regional Transportation Authority; to create the BY REPRESENTATIVE TOOMY South Central Regional Transportation Authority and to establish AN ACT the boundaries thereof; to provide for a board of commissioners; To enact R.S 48:1104.1, relative to roads, bridges, and ferries; to to provide for the membership of such board and its powers, provide relative to high occupancy lanes; to authorize the duties, and functions; and to provide for related matters. establishment of certain high occupancy toll lanes; to provide terms, conditions, definitions, requirements, and procedures; and Reported favorably. to provide for related matters. HOUSE BILL NO. 863— Reported with amendments. BY REPRESENTATIVE MURRAY AN ACT Respectfully submitted, To amend and reenact R.S. 24:31, 31.1(A) and (C)(1), 502, 503, 504, RON LANDRY 506, and 507 and to enact R.S. 24:651(E), relative to the Chairman compensation of members of the legislature; to provide for the salary of members of the legislature; to provide for the salaries of Page 42 SENATE 47th DAY'S PROCEEDINGS June 16, 1997

certain officers of the legislature; to provide relative to the salaries administration of the Mental Health Trust Fund; to authorize the of certain officers of the Joint Legislative Committee on the office of mental health, Department of Health and Hospitals to Budget; to change the per diem payments to members of the retain their year-end balances; and to provide for related matters. legislature; to change the mileage allowance to members of the legislature; and to provide for related matters. Reported with amendments. Reported favorably. HOUSE BILL NO. 1904— BY REPRESENTATIVES LONG, CLARKSON, CRANE, DEVILLE, DEWITT, HEBERT, HOPKINS, LEBLANC, MCDONALD, PRATT, SCALISE, HOUSE BILL NO. 1002— THOMPSON, THORNHILL, TRICHE, WINDHORST, RIDDLE, AND BY REPRESENTATIVE JACK SMITH WALSWORTH AND SENATOR HAINKEL AN ACT AN ACT To enact R.S. 15:834.1, relative to the housing of persons employed and To enact Subpart F of Part I of Chapter 16 of Subtitle III of Title 39 of living at state correctional institutions; to provide that the secretary the Louisiana Revised Statutes of 1950, to be comprised of R.S. of the Department of Public Safety and Corrections shall 39:1493.1 through 1493.3, relative to public contracts; to provide promulgate rules and regulations regarding the allowance of free for creation of the Commission for the Review and Improvement housing for such persons; and to provide for related matters. of Services Procurement to review the procurement of services by the departments of the executive branch of state government; to Reported favorably. provide for its membership and duration; to provide for review teams within each department of the executive branch of HOUSE BILL NO. 1366— government; to provide for reporting by the commission and the BY REPRESENTATIVE WESTON review teams; and to provide for related matters. AN ACT To enact R.S. 33:2218.2(G), relative to supplemental pay; to clarify that Reported favorably. persons employed by municipalities shall include employees of consolidated governments; and to provide for related matters. HOUSE BILL NO. 1905— BY REPRESENTATIVE WESTON Reported favorably. AN ACT To amend and reenact R.S. 17:202(D) and 204, relative to the In- HOUSE BILL NO. 1640— School Intervention Pilot Program; to extend the termination date BY REPRESENTATIVE STELLY of the program; to provide for participation of additional schools; AN ACT and to provide for related matters. To amend and reenact R.S. 17:154.1(B), 154.2(B)(1), 225, 236, 346.1, 421.3(A)(introductory paragraph), 496.1, and 497(A)(2), relative Reported favorably. to the school year; to provide for an incremental increase in the number of instructional days and the minimum session of HOUSE BILL NO. 1959— attendance; to provide relative to the effectiveness of such BY REPRESENTATIVES LONG, CLARKSON, CRANE, DEVILLE, DEWITT, increases; and to provide for related matters. HEBERT, HOPKINS, LEBLANC, MCDONALD, PRATT, RIDDLE, SCALISE, THOMPSON, THORNHILL, TRICHE, AND WINDHORST AND SENATOR HAINKEL Reported favorably. AN ACT To amend and reenact R.S. 39:1489, 1497(introductory paragraph), and HOUSE BILL NO. 1644— BY REPRESENTATIVE VITTER 1500 and to enact R.S. 39:1496(C) and 1497(5) through (8), AN ACT relative to state procurement of professional, personal, consulting, To amend and reenact R.S. 15:571.4(B)(2) and 574.4(I)(2), relative to and social services; to provide for additional certification, forfeiture of diminution of sentence and parole; to remove monitoring, and reporting requirements relative to professional, maximum amount of good time forfeited if a condition of parole is personal, consulting, and social service contracts; to authorize violated; to provide that good time diminution of sentence which establishment of procurement support teams for consulting would have been earned if parole had not been granted is also services; and to provide for related matters. forfeited for parole violations; and to provide for related matters. Reported favorably. Reported favorably. HOUSE BILL NO. 1977— BY REPRESENTATIVES BRUN, CRANE, AND MCDONALD HOUSE BILL NO. 1820— BY REPRESENTATIVE MCMAINS AN ACT AN ACT To amend and reenact R.S. 17:3881(B), 3882(6), 3883(A)(3), (4), (6), To enact R.S. 39:1533.1, relative to the establishment of reversionary and (7)(a) and (B)(3) and Subpart B of Part II of Chapter 39 of medical trusts; to establish the "Master Reversionary Trust Fund" Title 17 of the Louisiana Revised Statutes of 1950, to be in the state treasury; to provide for the deposit of certain monies in comprised of R.S. 17:3891 through 3895, all relative to the fund; to provide for the administration of the fund; and to professional employee quality development; to rename the Teacher provide for related matters. Assessment Program as the Teacher Assistance and Assessment Program; to provide relative to the definition of a teacher for Reported favorably. program purposes; to provide for exemptions from the program; to provide relative to the assessment of participating teachers' HOUSE BILL NO. 1890— qualifications for certification; to remove provisions relative to BY REPRESENTATIVES SHAW AND DEWITT support teams and to provide instead for mentor teachers to AN ACT perform certain duties and responsibilities; to remove provisions To enact R.S. 28:26 and R.S. 39:82(I), relative to budgetary controls; to relative to support and assessment semesters, conferences, establish within the state treasury the Mental Health Trust Fund; classroom observations, professional development plans, and to provide for administration of the fund by the office of mental assessment reports; to provide relative to the assessment process health, Department of Health and Hospitals; to provide for deposit and assessment teams; to remove provisions relative to the and use of monies in the fund; to provide for definition of selection and training of assessors; to provide relative to the overcollections; to provide for legislative oversight of the issuance of teaching credentials; to provide an effective date; and to provide for related matters. 47th DAY'S PROCEEDINGS Page 43 SENATE June 16, 1997

Reported favorably. Senator Hainkel asked for and obtained a suspension of the rules to take up at this time the following House Bills and Joint Resolutions HOUSE BILL NO. 2067— just reported by Committees. BY REPRESENTATIVE LEBLANC AN ACT HOUSE BILL NO. 62— To provide for the establishment and re-establishment of agency BY REPRESENTATIVES FAUCHEUX, FRITH, HEBERT, MICHOT, AND ancillary funds, to be specifically known as internal service funds, ROUSSELLE auxiliary funds, or enterprise funds for certain state institutions, AN ACT officials, and agencies; to provide for appropriation of funds; and To appropriate funds out of the General Fund of the state of Louisiana to regulate the administration of said funds. for Fiscal Year 1997-1998 to the Department of Public Safety and Corrections to be used to pay back supplemental pay to certain Reported with amendments. constables and justices of the peace. HOUSE BILL NO. 2273 — Reported with amendments by the Committee on Finance. BY REPRESENTATIVES DOWNER, LEBLANC, AND ALARIO AND SENATOR HAINKEL SENATE COMMITTEE AMENDMENTS AN ACT To amend Act No. 45 of the 1996 Regular Session of the Legislature, Amendments proposed by Senate Committee on Finance to Engrossed relative to the capital outlay budget, by adding thereto a new House Bill No. 62 by Representative Faucheux section; to provide for certain additional appropriations; to amend certain appropriations; and to provide for related matters. AMENDMENT NO. 1 On page 2, line 3, after "individuals" insert ", if eligibility has been Reported with amendments. verified and certified by the Secretary of State," HOUSE BILL NO. 2356— On motion of Senator Hainkel, the committee amendment was BY REPRESENTATIVE LEBLANC AN ACT adopted. Under the provisions of Joint Rule No. 3 of the Rules of the To provide with respect to the Revenue Sharing Fund and the allocation Senate, the amended bill was read by title and referred to the Legislative and distribution thereof for Fiscal Year 1997-1998, and to provide Bureau. for related matters. HOUSE BILL NO. 235— BY REPRESENTATIVE FLAVIN Reported with amendments. AN ACT To amend and reenact R.S. 30:2205(A)(1), relative to the hazardous HOUSE BILL NO. 2367— waste tax; to provide for the uses of the tax funds; and to provide BY REPRESENTATIVES DOWNER, BRUNEAU, LANCASTER, AND HUNTER AND SENATORS EWING, BAGNERIS, BARHAM, AND for related matters. DARDENNE AN ACT Reported favorably by the Committee on Revenue and Fiscal To appropriate the sum of Thirty-nine Million Eighty-six Thousand One Affairs. Under the provisions of Joint Rule No. 3 of the Rules of the Hundred Sixty-two and No/100 ($39,086,162.00) Dollars, or so Senate, the bill was read by title and referred to the Legislative Bureau. much thereof as may be necessary, out of the state general fund and to appropriate the sum of Three Hundred Fifty Thousand and HOUSE BILL NO. 394— No/100 ($350,000.00) Dollars from the state general fund to BY REPRESENTATIVE ALARIO provide for the Legislative Auditor Ancillary Enterprise Fund and AN ACT to appropriate One Million Five Hundred Thousand and No/100 To amend and reenact R.S. 27:91(A)(5) and (6) and to enact R.S. ($1,500,000.00) Dollars out of the state general fund to provide for 27:91(A)(7) and (8), relative to riverboat gaming permit and the maintenance of the Capitol Building, Pentagon Courts, Arsenal license fees; to reduce the fee for gaming employee permit Building, and for the arsenal and capitol gardens and to appropriate renewals; and to provide for related matters. self-generated funds, to defray the expenses of the Louisiana Legislature, including the expenses of the House of Reported with amendments by the Committee on Revenue and Representatives and the Senate, of legislative service agencies, and Fiscal Affairs. of the Louisiana State Law Institute; and otherwise to provide with respect to the appropriations and allocations herein made. SENATE COMMITTEE AMENDMENTS Reported with amendments. Amendments proposed by Senate Committee on Revenue and Fiscal Affairs to Engrossed House Bill No. 394 by Representative Alario Respectfully submitted, JOHN HAINKEL AMENDMENT NO. 1 Chairman On page 1, line 2, after "reenact R.S. 27:" insert "81(A)," Rules Suspended AMENDMENT NO. 2 On page 1, line 4, after "renewals;" insert "to exempt from the licensing Senator Barham asked for and obtained a suspension of the rules requirement certain maritime employees;" for the purpose of hearing House Bill No. 2273 in the Committee on Revenue and Fiscal Affairs without the required 24 hour notice. AMENDMENT NO. 3 On page 1, line 7, after "R.S. 27:" insert "81(A)," House Bills and Joint Resolutions AMENDMENT NO. 4 on Second Reading On page 1, between lines 8 and 9, insert the following: Reported by Committees "§81. Issuance of permits to certain persons furnishing services or goods Page 44 SENATE 47th DAY'S PROCEEDINGS June 16, 1997

A. In addition to issuing permits to suppliers and On page 2, line 12, after "any" insert "abused substance or" and after manufacturers as provided for in R.S. 27:82 and 83, the division "substance" insert "as set forth in" and shall maintain a permanent record of and may issue permits to any person who furnishes significant services or goods, as defined by AMENDMENT NO. 5 the division, to a licensee; however, no license or permit of the On page 2, line 13, delete "listed in Schedule I, II, III, IV, or V of" board shall be required for any person employed for purely maritime purposes who is required as a condition of his AMENDMENT NO. 6 position to be licensed or certified by the United States Coast On page 2, line 17, after "any" insert "abused substance or" Guard. For purposes of this Section, significant services or goods shall mean those services and goods which are material and AMENDMENT NO. 7 integral to the operation of a riverboat or the conducting of gaming On page 2, line 17, after "substance" insert "as set forth in" operations. the division shall require any such person to comply with the requirements of this Chapter, and with the rules and AMENDMENT NO. 8 regulations of the division. On page 2, line 18, delete "listed in Schedule I, II, III, IV, or V of" * * *" AMENDMENT NO. 9 On page 2, line 23, after "any" insert "abused substance or" On motion of Senator Barham, the committee amendment was adopted. Under the provisions of Joint Rule No. 3 of the Rules of the AMENDMENT NO. 10 Senate, the amended bill was read by title and referred to the Legislative On page 2, line 24, after "substance" insert "as set forth in" Bureau. AMENDMENT NO. 11 HOUSE BILL NO. 429— On page 2, line 24, delete "listed in Schedule" and on line 25, delete " BY REPRESENTATIVE WARNER I, II, III, IV, or V of" A JOINT RESOLUTION Proposing to add Article VIII, Section 16 of the Constitution of AMENDMENT NO. 12 Louisiana, to authorize the legislature to provide for the creation, On page 3, line 1, after "designate" insert "in writing and under what governance, management, and control of a community college conditions" system and for the transfer of the supervision and control of certain educational institutions and programs; to provide certain AMENDMENT NO. 13 preconditions for enacting legislation creating a community college On page 3, line 9, after "designate" insert "in writing and under what system; to provide for submission of the proposed amendment to conditions" the electors; and to provide for related matters. AMENDMENT NO. 14 Reported favorably by the Committee on Finance. Under the On page 4, between lines 3 and 4, insert the following: provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was "(e) The name and employing agency of all law enforcement read by title and referred to the Legislative Bureau. officers involved in the stop, detention, investigation, or arrest of the person." HOUSE BILL NO. 521— BY REPRESENTATIVE DUPRE AMENDMENT NO. 15 AN ACT To amend and reenact R.S. 32:661(A) and (C)(1), 661.1(A) and (C)(1), On page 4, line 12, after "any" insert "abused substance or" 662, 666(A)(3), 667(B)(1), and 668(A)(1) and (4) and AMENDMENT NO. 16 (B)(1)(a)(introductory paragraph) and (b), and to enact R.S. On page 4, line 13, after "substance" insert "as set forth in" 32:667(B)(5) and 668(B)(1)(d), relative to the Implied Consent Law; to provide for substances for which tests may be AMENDMENT NO. 17 administered; to provide for the consequences, including driver's On page 4, line 13, delete "listed in Schedule I, II, III, IV, or V" and on license suspensions, of submitting to or refusing to submit to such line 14, delete the first word "of" tests; to provide for the method of measuring blood alcohol concentration or level; to provide for the levels of blood alcohol AMENDMENT NO. 18 concentration; to provide for administrative hearing procedures; and to provide for related matters. On page 4, line 17, after "any" insert "abused substance or" AMENDMENT NO. 19 Reported with amendments by the Committee on Judiciary C. On page 4, line 18, after "substance" insert "as set forth in" SENATE COMMITTEE AMENDMENTS AMENDMENT NO. 21 On page 4, line 18, delete "listed in Schedule" and on line 19, delete " Amendments proposed by Senate Committee on Judiciary C to I, II, III, IV, or V of" Reengrossed House Bill No. 521 by Representative Dupre AMENDMENT NO. 22 AMENDMENT NO. 1 On page 1, line 4, after "and (b)," delete the remainder of the line On page 4, line 25, after "any" insert "abused substance or" AMENDMENT NO. 23 AMENDMENT NO. 2 On page 4, line 25, after "substance" insert "as set forth in" On page 1, line 15, after "reenacted" delete the remainder of the line and delete line 16, and insert "to read as follows:" AMENDMENT NO. 24 AMENDMENT NO. 3 On page 4, line 26, delete "listed in Schedule I, II, III, IV, or V of" On page 2, line 2, after "or" insert "abused substance or" AMENDMENT NO. 25 On page 5, delete lines 18 through 22 in their entirety and insert the AMENDMENT NO. 4 following: 47th DAY'S PROCEEDINGS Page 45 SENATE June 16, 1997

"(d) The name and employing agency of all law enforcement SENATE COMMITTEE AMENDMENTS officers involved in the stop, detention, investigation, or arrest of the person." Amendments proposed by Senate Committee on Senate and Governmental Affairs to Reengrossed House Bill No. 646 by AMENDMENT NO. 26 Representative Fontenot On page 7, delete lines 1 through 7 and insert " * * * " AMENDMENT NO. 1 AMENDMENT NO. 27 On page 1, line 5, after “by the” change “Board of Ethics” to On page 7, line 11, after "any" insert "abused substance or" “Department of Health and Hospitals” AMENDMENT NO. 28 AMENDMENT NO. 2 On page 7, line 12, after "substance" insert "as set forth in" On page 1, line 5, before “to declare” insert “ to provide for the adoption of rules for the program by the Board of Ethics;” AMENDMENT NO. 29 On page 7, line 12, delete "listed in Schedule I, II, III, IV, or V of" AMENDMENT NO. 3 On page 1, line 7, after “auditor” delete the remainder of the line and AMENDMENT NO. 30 delete line 8 in its entirety and insert in lieu thereof “; to require” On page 8, line 10, after "any" insert "abused substance or" AMENDMENT NO. 4 AMENDMENT NO. 31 On page 2, line 8, after “shall” delete the remainder of the line and On page 8, line 11, after "substance" insert "as set forth in" insert “adopt rules for a program of” AMENDMENT NO. 32 AMENDMENT NO. 5 On page 8, line 11, delete "listed in Schedule I, II," and on line 12 delete On page 2, line 13, after “phencyclidine” insert “, except that a drug " III, IV, or V of" taken in accordance with a lawful prescription shall not be considered an illegal drug” AMENDMENT NO. 33 On page 9, delete lines 13 through 24 in their entirety AMENDMENT NO. 6 On page 2, line 14, after “shall” delete “develop a” and insert in lieu AMENDMENT NO. 34 thereof “adopt rules for the On page 10, line 16, before "controlled" insert "abused substance or" AMENDMENT NO. 7 AMENDMENT NO. 35 On page 2, line 17, after “shall” change “develop” to “adopt rules for” On page 10, line 16, after "substance" delete "listed" and insert "as set forth in" AMENDMENT NO. 8 On page 2, line 19, after “The” delete the remainder of the line AMENDMENT NO. 36 On page 10, line 17, delete "in Schedule I, II, III, IV, or V of" AMENDMENT NO. 9 On page 2, lines 20 and 21, delete “, at the request of the board, provide AMENDMENT NO. 37 assistance in the” and insert in lieu thereof “be responsible for the” On page 10, line 23, after "test" insert a period "." and delete the remainder of the line, delete lines 24 and 25 and on page 11, delete lines AMENDMENT NO. 10 1 and 2 in their entirety On page 3, line 1, after “program” delete “developed by the board” AMENDMENT NO. 38 On motion of Senator Dardenne, the committee amendment was On page 11, delete lines 19 through 24 adopted. Under the provisions of Joint Rule No. 3 of the Rules of the Senate, the amended bill was read by title and referred to the Legislative On motion of Senator Jordan, the committee amendment was Bureau. adopted. Under the provisions of Joint Rule No. 3 of the Rules of the Senate, the amended bill was read by title and referred to the Legislative HOUSE BILL NO. 670— Bureau. BY REPRESENTATIVE GAUTREAUX AN ACT HOUSE BILL NO. 646— To amend and reenact R.S. 32:364, relative to motor vehicles; to require BY REPRESENTATIVES FONTENOT AND JENKINS that passenger cars be equipped with fenders, covers, or other AN ACT devices so as to minimize the spray of water or other materials; and To enact R.S. 42:1116.1 and 1141(B)(3), relative to the ethics code; to to provide for related matters. provide for random drug testing of elected officials; to provide for the development, administration, and enforcement of the drug Reported favorably by the Committee on Transportation, testing program for elected officials by the Board of Ethics; to Highways, and Public Works. Under the provisions of Joint Rule No. declare the intention and policy of the legislature; to provide for 3 of the Rules of the Senate, the bill was read by title and referred to the certain assistance by the legislative auditor, commissioner of Legislative Bureau. administration, and the secretary of the Department of Health and Hospitals; to require payment of costs of the program by the Board HOUSE BILL NO. 693— of Ethics; to provide that testing positive for illegal drugs is BY REPRESENTATIVES TRAVIS, DOWNER, AND DEWITT prohibited; to provide that failure to submit to a drug test required AN ACT under the program is prohibited; to provide for penalties; to provide To amend and reenact R.S. 51:2312(A)(introductory paragraph) and to for definitions; to provide for implementation of the program; and enact Part V of Chapter 39 of Title 51 of the Louisiana Revised to provide for related matters. Statutes of 1950, to be comprised of R.S. 51:2341 and 2342 and to repeal R.S. 51:2312.1, relative to the Economic Development Reported with amendments by the Committee on Senate and Awards Program; to transfer administration of the program; to Governmental Affairs. Page 46 SENATE 47th DAY'S PROCEEDINGS June 16, 1997

create the Economic Development Awards Fund and provide for HOUSE BILL NO. 857— disposition of the funds; and to provide for related matters. BY REPRESENTATIVE MURRAY A JOINT RESOLUTION Reported with amendments by the Committee on Finance. Proposing to amend Article VII, Section 25(A) of the Constitution of Louisiana, to provide relative to the sale of property for unpaid SENATE COMMITTEE AMENDMENTS taxes in certain municipalities; to authorize sales with no minimum bid under certain conditions; to provide relative to proceeds of such Amendments proposed by Senate Committee on Finance to Engrossed sales and remaining liabilities on the property; to provide for House Bill No. 693 by Representative Travis submission of the proposed amendment to the electors; and to provide for related matters. AMENDMENT NO. 1 On page 1, delete lines 5 through 7, and insert the following: Reported favorably by the Committee on Revenue and Fiscal Affairs. Under the provisions of Joint Rule No. 3 of the Rules of the "51:2312.1, relative to economic development; to transfer Senate, the bill was read by title and referred to the Legislative Bureau. administration of the Economic Development Award Program; to create the Economic Development Award Fund and to provide for disposition HOUSE BILL NO. 863— BY REPRESENTATIVE MURRAY of the funds; to require transfer of certain monies in the Louisiana AN ACT Economic Development Fund and the Workforce Development and To amend and reenact R.S. 24:31, 31.1(A) and (C)(1), 502, 503, 504, Training Fund to the state general fund;" 506, and 507 and to enact R.S. 24:651(E), relative to the compensation of members of the legislature; to provide for the AMENDMENT NO. 2 salary of members of the legislature; to provide for the salaries of On page 5, between lines 15 and 16, insert: certain officers of the legislature; to provide relative to the salaries of certain officers of the Joint Legislative Committee on the “ Section 4. Notwithstanding any law to the contrary, including R.S. Budget; to change the per diem payments to members of the 51:2315, for the fiscal year beginning on July 1, 1997, the state legislature; to change the mileage allowance to members of the treasurer shall transfer eight million five hundred thousand dollars from legislature; and to provide for related matters. the Louisiana Economic Development Fund to the state general fund for purposes of funding economic development initiatives and projects in Reported favorably by the Committee on Finance. Under the the fiscal year 1997-98 General Appropriation Act. provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was read by title and referred to the Legislative Bureau. Section 5. Notwithstanding any law to the contrary, including R.S. 51:2334, for the fiscal year beginning on July 1, 1997, the state HOUSE BILL NO. 1002— treasurer shall transfer five hundred thousand dollars from the BY REPRESENTATIVE JACK SMITH Workforce Development and Training Fund to the state general fund for AN ACT purposes of funding economic and workforce development initiatives in To enact R.S. 15:834.1, relative to the housing of persons employed and the fiscal year 1997-98 General Appropriation Act. living at state correctional institutions; to provide that the secretary of the Department of Public Safety and Corrections shall Section 6. Sections 4 and 5 of this Act shall become effective on promulgate rules and regulations regarding the allowance of free July 1, 1997; if vetoed by the governor and subsequently approved by housing for such persons; and to provide for related matters. the legislature, this Act shall become effective on July 1, 1997, or on the day following such approval by the legislature, whichever is later.” Reported favorably by the Committee on Finance. Under the provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was AMENDMENT NO. 3 read by title and referred to the Legislative Bureau. On page 5, line 16, delete "Section 4. This" and insert "Section 7. Sections 1, 2, and 3 of this" HOUSE BILL NO. 1366— BY REPRESENTATIVE WESTON On motion of Senator Hainkel, the committee amendment was AN ACT adopted. Under the provisions of Joint Rule No. 3 of the Rules of the To enact R.S. 33:2218.2(G), relative to supplemental pay; to clarify that Senate, the amended bill was read by title and referred to the Legislative persons employed by municipalities shall include employees of Bureau. consolidated governments; and to provide for related matters. HOUSE BILL NO. 726— Reported favorably by the Committee on Finance. Under the BY REPRESENTATIVE FAUCHEUX provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was AN ACT read by title and referred to the Legislative Bureau. To enact Chapter 26 of Title 48 of the Louisiana Revised Statutes of 1950, to be comprised of R.S. 48:2021 through 2026, relative to HOUSE BILL NO. 1640— the South Central Regional Transportation Authority; to create the BY REPRESENTATIVE STELLY South Central Regional Transportation Authority and to establish AN ACT the boundaries thereof; to provide for a board of commissioners; To amend and reenact R.S. 17:154.1(B), 154.2(B)(1), 225, 236, 346.1, to provide for the membership of such board and its powers, 421.3(A)(introductory paragraph), 496.1, and 497(A)(2), relative duties, and functions; and to provide for related matters. to the school year; to provide for an incremental increase in the number of instructional days and the minimum session of Reported favorably by the Committee on Finance. Under the attendance; to provide relative to the effectiveness of such provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was increases; and to provide for related matters. read by title and referred to the Legislative Bureau. Reported favorably by the Committee on Finance. 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. 47th DAY'S PROCEEDINGS Page 47 SENATE June 16, 1997

HOUSE BILL NO. 1644— AMENDMENT NO. 7 BY REPRESENTATIVE VITTER On page 2, line 8, after "forfeiture." delete the remainder of the line and AN ACT delete lines 9 through 10 To amend and reenact R.S. 15:571.4(B)(2) and 574.4(I)(2), relative to forfeiture of diminution of sentence and parole; to remove AMENDMENT NO. 8 maximum amount of good time forfeited if a condition of parole is On page 4, delete lines 10 through 12 violated; to provide that good time diminution of sentence which would have been earned if parole had not been granted is also AMENDMENT NO. 9 forfeited for parole violations; and to provide for related matters. On page 4, line 13, change "E." to "D." Reported favorably by the Committee on Finance. Under the AMENDMENT NO. 10 provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was On page 4, between lines 16 and 17 insert the following: read by title and referred to the Legislative Bureau. "§2608. Commencement of forfeiture proceedings; property release requirements HOUSE BILL NO. 1820— Forfeiture proceedings shall be commenced as follows: BY REPRESENTATIVE MCMAINS AN ACT (1)(a) When the district attorney intends to forfeit To enact R.S. 39:1533.1, relative to the establishment of reversionary property, pursuant to the provisions of this Chapter, he medical trusts; to establish the "Master Reversionary Trust Fund" shall provide the owner and interest holder with a in the state treasury; to provide for the deposit of certain monies in written assertion within forty-five days after actual or the fund; to provide for the administration of the fund; and to constructive seizure, except in cases in which the property provide for related matters. is held for evidentiary purpose, the district attorney shall institute forfeiture proceedings within forty-five days Reported favorably by the Committee on Finance. Under the after the final disposition of all criminal proceedings provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was association with the conduct giving rise to forfeiture. If read by title and referred to the Legislative Bureau. the district attorney fails to initiate forfeiture proceedings against property seized for forfeiture by serving Notice of HOUSE BILL NO. 1839— Pending Forfeiture within one hundred and twenty days after BY REPRESENTATIVE WINDHORST its seizure for forfeiture or if the state fails to pursue forfeiture AN ACT of the property upon which a timely claim has been properly To amend and reenact R.S. 40:2601(5), 2606, 2611(L), 2612(E) and served by filing a Petition for Forfeiture proceeding within (G), and 2616(A), (B)(3)(b), (C), and (D), to enact R.S. ninety days after Notice of Pending Forfeiture, or if the 40:2616(E) and (F) and R.S. 15:1225, and to repeal Chapter 13 of district attorney fails to provide a written assertion, Title 32, comprised of R.S. 32:1550 through 1553, relative to pursuant to the provisions to this Subsection, the property seizure and forfeiture of contraband and controlled dangerous shall be released from its seizure for forfeiture on the request substances; to provide definitions; to provide with respect to of an owner or interest holder, pending further proceedings forfeiture proceedings; to provide for a drug asset forfeiture grant pursuant to the provisions of this Chapter. trust fund; to provide for administration of the fund; to reduce the amount of the cost bond requirement for recovery of seized (b) When no formal written assertion Notice of Pending property by an owner or interest holder; to change the burden of Forfeiture or Notice of Seizure for Forfeiture has been given proof required in forfeiture proceedings; to provide for sales of to the claimant, within the time delays provided herein, the seized items; and to provide for related matters. claimant may file a Motion for Release of Seized Property under pursuant to the criminal jurisdiction of the court. Reported with amendments by the Committee on Judiciary C. (2) If, after Notice of Pending Forfeiture, a claimant files a SENATE COMMITTEE AMENDMENTS request for stipulation of exemption pursuant to Section 2610 of this Chapter, the district attorney may delay filing its Amendments proposed by Senate Committee on Judiciary C to judicial forfeiture proceeding for a total of one hundred and Reengrossed House Bill No. 1839 by Representative Windhorst eighty days after the service of Notice of Pending Forfeiture. AMENDMENT NO. 1 * * *" On page 1, line 2, after "2606", insert "2608(1) and (2)" AMENDMENT NO. 11 AMENDMENT NO. 2 On page 5, delete lines 6 through 17 and insert the following: On page 1, line 3, after "2616(A)," delete the remainder of the line and "the civil in rem petition. No claimant shall be required to pay on line 4, delete "R.S. 15:1225," court costs to contest a forfeiture proceeding, except in a final judgment." AMENDMENT NO. 3 On page 1, line 7, after "proceedings;" delete the remainder of the line, AMENDMENT NO. 12 delete lines 8 and 9, and on line 10, delete "property by an owner or On page 5, line 21, after "In" delete "an uncontested forfeiture case" interest holder;" and insert "a forfeiture case wherein no claim is timely filed pursuant to the provisions of this Chapter," AMENDMENT NO. 4 On page 1, line 14, between "2606," and "2611(L)" insert "2608(1) and AMENDMENT NO. 13 (2)," On page 5, line 23, delete "contested" AMENDMENT NO. 5 AMENDMENT NO. 14 On page 5, change line 15 to "2616(A) are hereby amended and On page 5, line 25, after "evidence" delete "The" and delete line 26 reenacted" and change line 16 to "to read as follows:" AMENDMENT NO. 15 AMENDMENT NO. 6 On page 6, delete lines 1 through 4 On page 2, at the beginning of line 7, delete "an" and insert "a written" Page 48 SENATE 47th DAY'S PROCEEDINGS June 16, 1997

AMENDMENT NO. 16 Reported favorably by the Committee on Finance. Under the On page 6, delete lines 24 through 26 and on page 7, delete lines 1 provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was through 26 in their entirety read by title and referred to the Legislative Bureau.

AMENDMENT NO. 17 HOUSE BILL NO. 1905— On page 8, delete lines 1 through 26 in their entirety BY REPRESENTATIVE WESTON AN ACT AMENDMENT NO. 18 To amend and reenact R.S. 17:202(D) and 204, relative to the In- On page 9, delete lines 1 through 23 in their entirety School Intervention Pilot Program; to extend the termination date of the program; to provide for participation of additional schools; AMENDMENT NO. 19 and to provide for related matters. On page 9, line 24 change "Section 3." to "Section 2." Reported favorably by the Committee on Finance. Under the On motion of Senator Jordan, the committee amendment was provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was adopted. Under the provisions of Joint Rule No. 3 of the Rules of the read by title and referred to the Legislative Bureau. Senate, the amended bill was read by title and referred to the Legislative Bureau. HOUSE BILL NO. 1959— BY REPRESENTATIVES LONG, CLARKSON, CRANE, DEVILLE, DEWITT, HEBERT, HOPKINS, LEBLANC, MCDONALD, PRATT, RIDDLE, SCALISE, HOUSE BILL NO. 1890— THOMPSON, THORNHILL, TRICHE, AND WINDHORST AND SENATOR BY REPRESENTATIVES SHAW AND DEWITT HAINKEL AN ACT AN ACT To enact R.S. 28:26 and R.S. 39:82(I), relative to budgetary controls; to To amend and reenact R.S. 39:1489, 1497(introductory paragraph), and establish within the state treasury the Mental Health Trust Fund; 1500 and to enact R.S. 39:1496(C) and 1497(5) through (8), to provide for administration of the fund by the office of mental relative to state procurement of professional, personal, consulting, health, Department of Health and Hospitals; to provide for deposit and social services; to provide for additional certification, and use of monies in the fund; to provide for definition of monitoring, and reporting requirements relative to professional, overcollections; to provide for legislative oversight of the personal, consulting, and social service contracts; to authorize administration of the Mental Health Trust Fund; to authorize the establishment of procurement support teams for consulting office of mental health, Department of Health and Hospitals to services; and to provide for related matters. retain their year-end balances; and to provide for related matters. Reported favorably by the Committee on Finance. Under the Reported with amendments by the Committee on Finance. provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was read by title and referred to the Legislative Bureau. SENATE COMMITTEE AMENDMENTS HOUSE BILL NO. 1977— Amendments proposed by Senate Committee on Finance to Engrossed BY REPRESENTATIVES BRUN, CRANE, AND MCDONALD House Bill No. 1890 by Representative Shaw AN ACT To amend and reenact R.S. 17:3881(B), 3882(6), 3883(A)(3), (4), (6), AMENDMENT NO. 1 and (7)(a) and (B)(3) and Subpart B of Part II of Chapter 39 of On page 2, line 7, after "Hospitals" delete the remainder of the line and Title 17 of the Louisiana Revised Statutes of 1950, to be insert a period comprised of R.S. 17:3891 through 3895, all relative to professional employee quality development; to rename the Teacher AMENDMENT NO. 2 Assessment Program as the Teacher Assistance and Assessment On page 2, delete line 8 Program; to provide relative to the definition of a teacher for program purposes; to provide for exemptions from the program; to AMENDMENT NO. 3 provide relative to the assessment of participating teachers' On page 2, line 10, after "overcollections" insert "not to exceed one qualifications for certification; to remove provisions relative to hundred thousand dollars" support teams and to provide instead for mentor teachers to perform certain duties and responsibilities; to remove provisions On motion of Senator Hainkel, the committee amendment was relative to support and assessment semesters, conferences, adopted. Under the provisions of Joint Rule No. 3 of the Rules of the classroom observations, professional development plans, and Senate, the amended bill was read by title and referred to the Legislative assessment reports; to provide relative to the assessment process Bureau. and assessment teams; to remove provisions relative to the selection and training of assessors; to provide relative to the HOUSE BILL NO. 1904— issuance of teaching credentials; to provide an effective date; and BY REPRESENTATIVES LONG, CLARKSON, CRANE, DEVILLE, DEWITT, to provide for related matters. HEBERT, HOPKINS, LEBLANC, MCDONALD, PRATT, SCALISE, THOMPSON, THORNHILL, TRICHE, WINDHORST, RIDDLE, AND WALSWORTH AND SENATOR HAINKEL Reported favorably by the Committee on Finance. Under the AN ACT provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was To enact Subpart F of Part I of Chapter 16 of Subtitle III of Title 39 of read by title and referred to the Legislative Bureau. the Louisiana Revised Statutes of 1950, to be comprised of R.S. 39:1493.1 through 1493.3, relative to public contracts; to provide HOUSE BILL NO. 2042— BY REPRESENTATIVE DEWITT for creation of the Commission for the Review and Improvement AN ACT of Services Procurement to review the procurement of services by To amend and reenact R.S. 32:707(K), relative to certificates of title; to the departments of the executive branch of state government; to designate the Department of Public Safety and Corrections to provide for its membership and duration; to provide for review assess civil penalties to anyone who has sold or dismantled a total teams within each department of the executive branch of loss vehicle in violation of the law; and to provide for related government; to provide for reporting by the commission and the matters. review teams; and to provide for related matters. Reported favorably by the Committee on Transportation, Highways, and Public Works. Under the provisions of Joint Rule No. 47th DAY'S PROCEEDINGS Page 49 SENATE June 16, 1997

3 of the Rules of the Senate, the bill was read by title and referred to the Payable from State General Fund (Direct) $5,000,000" Legislative Bureau. AMENDMENT NO. 5 HOUSE BILL NO. 2067— On page 3, delete lines 35 through 41 BY REPRESENTATIVE LEBLANC AN ACT AMENDMENT NO. 6 To provide for the establishment and re-establishment of agency On page 7, delete lines 1 through 6 ancillary funds, to be specifically known as internal service funds, auxiliary funds, or enterprise funds for certain state institutions, AMENDMENT NO. 7 officials, and agencies; to provide for appropriation of funds; and On page 8, delete lines 9 through 12 to regulate the administration of said funds. AMENDMENT NO. 8 Reported with amendments by the Committee on Finance. On page 10, between lines 33 and 34, insert the following: SENATE COMMITTEE AMENDMENTS "50/NB3 MCKINLEY HIGH SCHOOL ALUMNI Amendments proposed by Senate Committee on Finance to (1312) Old McKinley High Alumni Reengrossed House Bill No. 2067 by Representative LeBlanc Community Center, Planning and Renovation AMENDMENT NO. 1 (East Baton Rouge) On page 6, between lines 9 and 10, insert the following: Payable from State General Fund (Direct) $1,000,000" "Payable out of the State General Fund from On motion of Senator Hainkel, the committee amendment was Fees and Self-generated Revenues for additional adopted. Under the provisions of Joint Rule No. 3 of the Rules of the maintenance costs $400,000" Senate, the amended bill was read by title and referred to the Legislative Bureau. On motion of Senator Hainkel, the committee amendment was adopted. Under the provisions of Joint Rule No. 3 of the Rules of the HOUSE BILL NO. 2356— Senate, the amended bill was read by title and referred to the Legislative BY REPRESENTATIVE LEBLANC Bureau. AN ACT To provide with respect to the Revenue Sharing Fund and the allocation HOUSE BILL NO. 2273 — and distribution thereof for Fiscal Year 1997-1998, and to provide BY REPRESENTATIVES DOWNER, LEBLANC, AND ALARIO AND for related matters. SENATOR HAINKEL AN ACT To amend Act No. 45 of the 1996 Regular Session of the Legislature, Reported with amendments by the Committee on Finance. relative to the capital outlay budget, by adding thereto a new section; to provide for certain additional appropriations; to amend SENATE COMMITTEE AMENDMENTS certain appropriations; and to provide for related matters. Amendments proposed by Senate Committee on Finance to Reported with amendments by the Committee on Finance. Reengrossed House Bill No. HB2356 by Representative LeBlanc SENATE COMMITTEE AMENDMENTS AMENDMENT NO. 1 On page 32, between lines 10 and 11, insert the following "Fire District Amendments proposed by Senate Committee on Finance to No. 6" Reengrossed House Bill No. 2273 by Representative Downer On motion of Senator Hainkel, the committee amendment was AMENDMENT NO. 1 adopted. Under the provisions of Joint Rule No. 3 of the Rules of the On page 2, delete line 11, and insert the following: Senate, the amended bill was read by title and referred to the Legislative Bureau. "Payable from State General Fund (Direct) $2,000,000" HOUSE BILL NO. 2367— BY REPRESENTATIVES DOWNER, BRUNEAU, LANCASTER, AND AMENDMENT NO. 2 HUNTER AND SENATORS EWING, BAGNERIS, BARHAM, AND On page 2, delete line 16, and insert the following: DARDENNE AN ACT "Payable from State General Fund (Direct) $4,000,000" To appropriate the sum of Thirty-nine Million Eighty-six Thousand One Hundred Sixty-two and No/100 ($39,086,162.00) Dollars, or so AMENDMENT NO. 3 much thereof as may be necessary, out of the state general fund On page 2, delete line 21, and insert the following: and to appropriate the sum of Three Hundred Fifty Thousand and No/100 ($350,000.00) Dollars from the state general fund to "Payable from State General Fund (Direct) $15,000,000" provide for the Legislative Auditor Ancillary Enterprise Fund and to appropriate One Million Five Hundred Thousand and No/100 AMENDMENT NO. 4 ($1,500,000.00) Dollars out of the state general fund to provide for On page 2, between lines 21 and 22, insert the following: the maintenance of the Capitol Building, Pentagon Courts, Arsenal Building, and for the arsenal and capitol gardens and to appropriate "(11) Major Repairs, Renovations and self-generated funds, to defray the expenses of the Louisiana Equipment Replacement for State Legislature, including the expenses of the House of Office Buildings, Planning and Representatives and the Senate, of legislative service agencies, and Construction of the Louisiana State Law Institute; and otherwise to provide with (Caddo, East Baton Rouge, respect to the appropriations and allocations herein made. Lafayette, Orleans, Ouachita, Rapides, St. Tammany) Reported with amendments by the Committee on Finance. Page 50 SENATE 47th DAY'S PROCEEDINGS June 16, 1997

SENATE COMMITTEE AMENDMENTS On page 3, line 19, change "Five Hundred Ninety-nine" to "Seven Hundred Ninety-four" Amendments proposed by Senate Committee on Finance to Reengrossed House Bill No. 2367 by Representative Downer, et al AMENDMENT NO. 21 On page 3, line 20, change "($9,599,449.00)" to "($9,794,449.00)" AMENDMENT NO. 1 On page 1, line 2, change "Eighty-six" to "Nine Hundred Seventy-one" AMENDMENT NO. 22 On page 11, between lines 4 and 5, insert the following: AMENDMENT NO. 2 On page 1, line 3, change "($39,086,162.00)" to "($39,971,162.00)" "Section 8.A. Out of the total amount herein appropriated from the state general fund, Six Hundred Ninety Thousand and No/100 AMENDMENT NO. 3 ($690,000.00) Dollars is hereby allocated to the House of On page 2, line 1, change "Eighty-six" to "Nine Hundred Seventy-one" Representatives to provide the salary adjustments authorized by that Act which originated as Senate Bill No. 896 of the 1997 AMENDMENT NO. 4 Regular Session, in the event that the bill is enacted into law. On page 2, line 2, change "($39,086,162.00)" to "($39,971,162.00)" B. Out of the total amount herein appropriated from the state AMENDMENT NO. 5 general fund, One Hundred Ninety-five Thousand and No/100 On page 2, line 19, change "Twenty-five Million Eight Hundred ($195,000.00) Dollars is hereby allocated to the Senate to provide Seventy-nine" to "Twenty-six Million Seven Hundred Sixty-four" the salary adjustments authorized by that Act which originated as Senate Bill No. 896 of the 1997 Regular Session, in the event that AMENDMENT NO. 6 the bill is enacted into law." On page 2, line 20, change "($25,879,865.00)" to "($26,764,865.00)" AMENDMENT NO. 23 AMENDMENT NO. 7 On page 11, line 5, change "Section 8." to "Section 9." On page 2, line 22, after "Representatives" delete the remainder of the line On motion of Senator Hainkel, the committee amendment was adopted. Under the provisions of Joint Rule No. 3 of the Rules of the AMENDMENT NO. 8 Senate, the amended bill was read by title and referred to the Legislative On page 2, line 23, delete "House of Representatives" Bureau. AMENDMENT NO. 9 HOUSE BILL NO. 2372— On page 2, line 24, delete "as established by law" BY REPRESENTATIVES KENNARD, BRUCE, CLARKSON, CRANE, DIEZ, DIMOS, DONELON, DUPRE, FLAVIN, FONTENOT, FRITH, GAUTREAUX, HILL, ILES, JOHNS, KENNEY, LANCASTER, LEBLANC, MCDONALD, AMENDMENT NO. 10 MCMAINS, MORRISH, POWELL, QUEZAIRE, SCALISE, SCHNEIDER, JACK SMITH, JOHN SMITH, STELLY, STRAIN, THOMAS, THOMPSON, TRICHE, On page 2, line 25, delete "or by resolution of the House of VITTER, WALSWORTH, WIGGINS, WILLARD-LEWIS, AND WRIGHT Representatives" AN ACT To amend and reenact R.S. 49:1015(C), (D), and (E) and to enact R.S. AMENDMENT NO. 11 49:1015(F), (G), and (H), relative to testing public employees for On page 3, at the end of line 1, delete "as" use of drugs; to provide relative to drug testing of public employees in safety-sensitive or security-sensitive positions; to authorize AMENDMENT NO. 12 public employers to require samples from an employee for drug On page 3, line 2, delete "established by law or by resolution of the testing under certain circumstances; to provide with respect to Senate" testing for reasonable suspicion of drug use; to provide for disciplinary action only under certain circumstances; to provide AMENDMENT NO. 13 under certain circumstances for the payment of certain costs by the On page 3, at the end of line 3, delete "as" public employer; to provide for certain exceptions; to provide for voluntary drug testing of public employees; and to provide for AMENDMENT NO. 14 related matters. On page 3, line 4, delete "established by law or by resolution of the Senate" Reported with amendments by the Committee on Judiciary C. AMENDMENT NO. 15 SENATE COMMITTEE AMENDMENTS On page 3, line 9, delete "as established by law or by resolution of the" Amendments proposed by Senate Committee on Judiciary C to AMENDMENT NO. 16 Reengrossed House Bill No. 2372 by Representative Kennard On page 3, line 10, delete "respective house of the legislature" AMENDMENT NO. 1 AMENDMENT NO. 17 On page 1, line 2, delete "49:1015(C), (D), and (E)" and insert On page 3, line 14, after "library services;" insert "provision of signing "49:1002(A) and (B) and 1015" services for the hearing impaired during sessions of the Senate and House of Representatives; AMENDMENT NO. 2 On page 1, line 4, after the first word "of" insert "alcohol and" and after AMENDMENT NO. 18 the second "to" and before "drug" insert "alcohol or" On page 3, line 17, change "Two Hundred Eighty" to "Nine Hundred Seventy" AMENDMENT NO. 3 On page 1, at the end of line 11, add "to provide definitions;" AMENDMENT NO. 19 On page 3, line 18, change "($16,280,416.00)" to "($16,970,416.00)" AMENDMENT NO. 4 AMENDMENT NO. 20 47th DAY'S PROCEEDINGS Page 51 SENATE June 16, 1997

On page 1, line 14, delete "49:1015(C), (D), and (E)" and insert On page 2, line 25, after "shall" delete "be required to" and delete line "49:1002(A) and (B) and 1015" 26 and insert the following: "have successfully completed alcohol or drug screening training certified by the Department of Health and AMENDMENT NO. 5 Hospitals. The Department of Health and Hospitals shall promulgate On page 1, after line 16, insert the following: rules and regulations for the implementation and administration of this "§1002. Applicability Section. The agency head, and his designee" A. This Chapter applies to testing for the presence of marijuana, opioids, cocaine, amphetamines, and phencyclidine. AMENDMENT NO. 19 This Chapter also applies to testing for the presence of alcohol as On page 3, at the beginning of line 1, delete "when applicable," and provided in R. S. 49:1015. after "passed" and before "drug" delete "a" and insert "an alcohol or" B. This Chapter does not preclude or regulate the testing for drugs other than those specified in Subsection A of this Section or AMENDMENT NO. 21 other controlled substances as defined in 21 U.S.C. 812, Schedules On page 3, line 2, after "the" and before "drug" insert "alcohol or" I, II, III, IV, and alcohol, except for alcohol as provided in R. S. 49:1015." AMENDMENT NO. 22 On page 3, at the end of line 5, add "alcohol or" AMENDMENT NO. 6 On page 2, delete line 2, and insert the following: AMENDMENT NO. 23 On page 3, line 9, after "action." add the following: "In addition to "A. A public employer may require, as a condition of continued general and special damages, exemplary damages may be awarded upon employment, samples from his employees to test for the presence of proof that the injuries on which the action is based were caused by a alcohol or drugs following an accident during the course and scope of wanton or reckless disregard for the rights and safety of others." his employment, under other circumstances which result in reasonable suspicion that alcohol or drugs are being used, or as a part of a AMENDMENT NO. 24 monitoring program established by the employer to assure compliance On page 3, line 11, after "to" and before "drug" insert "alcohol or" and with terms of a rehabilitation agreement. between "testing" and the period "." insert "by submitting their names to be included in the random alcohol or drug testing pool" B. A public employer may require samples from prospective employees, as a condition of hiring, to test for the presence of AMENDMENT NO. 25 alcohol or drugs. On page 3, line 12, after "employee" and before "drug" insert "alcohol * * *" or" AMENDMENT NO. 7 On page 2, line at the end of line 3, add "alcohol or" AMENDMENT NO. 26 On page 3, at the end of line 14, add the following: "In addition, alcohol AMENDMENT NO. 8 testing shall be performed in accordance with the accepted methodology On page 2, line 7, change "affect" to "endanger" implemented by the United States Department of Transportation." AMENDMENT NO. 9 AMENDMENT NO. 27 On page 2, line 11, after "delivery," and before "drug" insert "alcohol On page 3, line 15, after "(2)" insert "(a)" or" AMENDMENT NO. 28 AMENDMENT NO. 10 On page 3, line 16, after "for" and before "drugs" insert "alcohol or" and On page 2, line 12, after "to" and before "drugs" insert "alcohol or" after "drugs" insert "in accordance with the provisions of this Chapter," and after "positive for" and before "drugs" insert "alcohol or" AMENDMENT NO. 11 On page 2, line 14, after "security-sensitive" insert a period "." and AMENDMENT NO. 29 delete the remainder of the line and delete line 15 On page 3, line 17, after "occasions." and before "shall" delete "This" and insert: "This Subparagraph shall not be applicable to any full-time AMENDMENT NO. 12 commissioned law enforcement officer or to any employee of On page 2, line 16, after "samples" insert ", in accordance with the corrections services of the Department of Public Safety and Corrections. provisions of this Chapter," (b) The provisions of this Paragraph" AMENDMENT NO. 13 AMENDMENT NO. 30 On page 2, line 17, after "of" and before "drugs" insert "alcohol or" On page 3, delete line 19 through 22 and insert the following: "All pre- employment, random, reasonable suspicion, and post-accident alcohol AMENDMENT NO. 14 or drug testing for public employees shall include both initial and On page 2, line 18, after "that" and before "drugs" insert "alcohol or" confirmatory testing in accordance with the provisions of this Chapter." AMENDMENT NO. 15 AMENDMENT NO. 31 On page 2, line 20, after "absenteeism" and before the comma "," insert On page 4, line 8, after "(D)(3)" delete the remainder of the line "which is not medically related" AMENDMENT NO. 32 AMENDMENT NO. 16 On page 4, after line 10, add the following: On page 2, line 22, after "notified" and before "and" insert "in writing" "I. For purposes of testing for the presence of alcohol: and after "regarding" insert "any" (1) "Collection site" means a place designated by the employer where individuals present themselves for the purpose of providing a AMENDMENT NO. 17 specimen of their urine to be analyzed for the presence of drugs, or a On page 2, at the end of line 23, delete "a" and insert "an alcohol or" saliva specimen for analysis for the presence of alcohol. (2) "Collection site person" means a person who instructs and AMENDMENT NO. 18 assists individuals at a collection site and who receives and makes a preliminary observation of the urine specimen provided by those Page 52 SENATE 47th DAY'S PROCEEDINGS June 16, 1997 individuals and performs alcohol screening tests in accordance with 48, and to repeal R.S. 49:135 and 150.1, relative to the state implemented ideology of the United States Department of capitol complex; to define the state capitol complex boundaries; to Transportation. A collection site person shall have successfully provide for the authority of the Legislative Budgetary Control completed training to carry out this function, and be certified by the state Council relative to the state capitol complex; to provide for the of Louisiana. Certification will be granted by the Department of Health composition, duties, and powers of the commission; to create the and Hospital, Bureau of Health Standards. The department shall office of capitol complex facility management; to provide for its promulgate rules and regulations relative to certification of collection site duties and responsibilities with respect to the state capitol complex; personnel." to provide relative to security for the state capitol complex; to provide for the allocation of space within the state capitol complex; On motion of Senator Jordan, the committee amendment was and to provide for related matters. adopted. Under the provisions of Joint Rule No. 3 of the Rules of the Senate, the amended bill was read by title and referred to the Legislative Reported with amendments by the Committee on Senate and Bureau. Governmental Affairs. HOUSE BILL NO. 2426— SENATE COMMITTEE AMENDMENTS BY REPRESENTATIVE HOLDEN AN ACT Amendments proposed by Senate Committee on Senate and To enact R.S. 17:1855, relative to public higher education tuition and Governmental Affairs to Reengrossed House Bill No. 2521 by attendance fees; to authorize the Board of Supervisors of Southern Representative Downer University and Agricultural and Mechanical College to impose certain specified tuition and attendance fee amounts; and to AMENDMENT NO. 1 provide for related matters. On page 1, lines 9 and 10, change "facility management;" to "preservation;" and delete the remainder of line 10 and on line 11, delete Reported favorably by the Committee on Revenue and Fiscal "to the state capitol complex;" Affairs. 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. AMENDMENT NO. 2 On page 2, line 9, after "D." delete the remainder of the line and delete HOUSE BILL NO. 2463— lines 10 through 12 BY REPRESENTATIVE TOOMY AN ACT To enact R.S 48:1104.1, relative to roads, bridges, and ferries; to AMENDMENT NO. 3 provide relative to high occupancy lanes; to authorize the On page 2, line 13, change "(2)" to "(1)" establishment of certain high occupancy toll lanes; to provide terms, conditions, definitions, requirements, and procedures; and AMENDMENT NO. 4 to provide for related matters. On page 2, lines 15 and 16 delete "for maintenance and operation and" Reported with amendments by the Committee on Transportation, AMENDMENT NO. 5 Highways, and Public Works. On page 2, line 18, change "(3)" to "(2)" SENATE COMMITTEE AMENDMENTS AMENDMENT NO. 6 On page 2, line 24, change "facility management" to "preservation" Amendments proposed by Senate Committee on Transportation, Highways, and Public Works to Reengrossed House Bill No. 2463 by AMENDMENT NO. 7 Representative Toomy On page 3, line 13, change "facility management" to "preservation" and after "purpose;" delete "staff;" AMENDMENT NO. 1 On page 1, line 15, after "occupants" change the comma "," to "in AMENDMENT NO. 8 accordance with rules and regulations to be adopted by the Crescent City On page 3, line 15, change "facility management" to "preservation" Connection division of the Department of Transportation and Development." AMENDMENT NO. 9 On page 3, line 17, after "office." delete the remainder of the line and AMENDMENT NO. 2 delete lines 18 through 25 and on page 4, delete lines 1 through 11 On page 1, delete lines 16 and 17 AMENDMENT NO. 10 AMENDMENT NO. 3 On page 4, line 12, change "D." to "B." and on line 17, change "E." to On page 3, delete lines 1 through 3 in their entirety "C." On motion of Senator Landry, the committee amendment was AMENDMENT NO. 11 adopted. Under the provisions of Joint Rule No. 3 of the Rules of the On page 4, line 21, after "complex" change "facility management" to Senate, the amended bill was read by title and referred to the Legislative "preservation" Bureau. AMENDMENT NO. 12 HOUSE BILL NO. 2521 (Substitute for House Bill No. 2244 By On page 5, delete lines 20 through 26 and on page 6, delete lines 1 Representative Downer, et al.)— through 7 BY REPRESENTATIVE DOWNER AND SENATOR EWING AND REPRESENTATIVES BRUNEAU, R. ALEXANDER, DIEZ, DIMOS, DUPRE, AMENDMENT NO. 13 FORSTER, LEBLANC, MCCAIN, MCDONALD, MCMAINS, PIERRE, JOHN SMITH, STELLY, AND TRICHE On page 6, line 8, change "C." to "B." AN ACT To amend and reenact R.S. 47:6011(A)(2), to enact R.S. 24:38(D), (E), AMENDMENT NO. 14 and (F) and Part II-A of Chapter 1 of Title 24 of the Louisiana On page 8, delete lines 15 through 18 and insert: Revised Statutes of 1950, to be comprised of R.S. 24:41 through "state shall assist the office of capitol complex preservation in its work." 47th DAY'S PROCEEDINGS Page 53 SENATE June 16, 1997

AMENDMENT NO. 15 Under the provisions of Joint Rule No. 3 of the Rules of the On page 10, line 9, after "Council" insert "and the commissioner of Senate, the bill was read by title and referred to the Legislative Bureau. administration Rules Suspended AMENDMENT NO. 16 On page 11, line 5, after "buildings," insert "and" and after "Museum" Senator Bean asked for and obtained a suspension of the rules for delete the remainder of the line and delete lines 6 and 7 and insert "shall the purpose of taking up at this time. be as provided in this" AMENDMENT NO. 17 House Bills and Joint Resolutions on On page 11, line 8, after "Section." delete the remainder of the line and Third Reading delete line 9 and insert "The provisions of" and Final Passage Resumed AMENDMENT NO. 18 The following House Bills and Joint Resolutions on third reading On page 11, line 11, after "Barracks" insert "and the Old Arsenal and final passage were taken up and acted upon as follows: Magazine Museum." and delete the remainder of the line and delete lines 12 through 14 HOUSE BILL NO. 245— BY REPRESENTATIVE JACK SMITH AMENDMENT NO. 19 AN ACT On page 11, line 21, after "Barracks buildings," insert "and Old Arsenal To amend and reenact Civil Code Arts. 2315.1(D) and 2315.2(D) and Magazine Museum shall be determined" and delete lines 22 through 24 to enact Civil Code Arts. 2315.1(A)(4) and (E) and 2315.2(A)(4) and (E), relative to offenses and quasi offenses; to provide for AMENDMENT NO. 20 survival and wrongful death actions by a tutor and by On page 12, at the beginning of line 10 after "buildings" change "," to grandparents; and to provide for related matters. "and Old Arsenal Magazine Museum not allocated under the" and delete the remainder of the line and delete lines 11 and 12 The bill was read by title. Senator Landry moved the final passage of the bill. AMENDMENT NO. 21 On page 13, line 9, change "facility management" to "preservation" ROLL CALL AMENDMENT NO. 22 The roll was called with the following result: On page 13, delete lines 19 through 26 and on page 14, line 1, change "Section 6." to "Section 5." YEAS On motion of Senator Dardenne, the committee amendment was Mr. President Dyess Landry adopted. Under the provisions of Joint Rule No. 3 of the Rules of the Bagneris Ellington Lentini Senate, the amended bill was read by title and referred to the Legislative Bajoie Fields Malone Bureau. Barham Greene Robichaux Bean Guidry Romero Rules Suspended Branch Heitmeier Short Cain Hines Smith Senator Branch asked for and obtained a suspension of the rules Casanova Hollis Tarver for the purpose of recalling House Bill No. 1291 from the Committee Cox Irons Theunissen on Finance. Cravins Johnson Ullo Dardenne Jordan HOUSE BILL NO. 1291— Dean Lambert BY REPRESENTATIVE KENNARD Total—34 AN ACT NAYS To enact R.S. 15:739, relative to the Prison Reform Act of 1995; to provide that incarcerated prisoners must be tested for infectious Hainkel disease after involvement in an incident that may transmit or Total—1 expose the disease to another person; to provide for counseling and ABSENT health care services; to provide procedures for ordering and administering the tests; and to provide for related matters. Campbell Schedler Jones Siracusa Under the provisions of Joint Rule No. 3 of the Rules of the Total—4 Senate, the bill was read by title and referred to the Legislative Bureau. The Chair declared the bill was passed. The title was read and Rules Suspended adopted. Senator Landry moved to reconsider the vote by which the bill was passed and laid the motion on the table. Senator Barham asked for and obtained a suspension of the rules for the purpose of recalling House Bill No. 715 from the Committee on HOUSE BILL NO. 250— BY REPRESENTATIVE TRAVIS Revenue and Fiscal Affairs. AN ACT To amend and reenact R.S. 32:1254(N)(1)(c), relative to motor vehicle HOUSE BILL NO. 715— BY REPRESENTATIVES DAMICO AND MURRAY dealers; to require licenses for a dealer to operate as a motor AN ACT vehicle lessor or used motor vehicle dealer at more than one To amend and reenact R.S. 4:169(A)(1) and (B), relative to license fees location; and to provide for related matters. charged by the racing commission; to increase certain fees; and to provide for related matters. Page 54 SENATE 47th DAY'S PROCEEDINGS June 16, 1997

Floor Amendments Sent Up ROLL CALL Senator Dean sent up floor amendments which were read. The roll was called with the following result: SENATE FLOOR AMENDMENTS YEAS Amendments proposed by Senator Dean to Engrossed House Bill No. Bagneris Fields Malone 258 by Senator Travis Bajoie Greene Robichaux Barham Guidry Romero AMENDMENT NO. 1 Bean Heitmeier Schedler On page 1, line 2, after "(C)" insert "and (D)" Branch Hines Short Cain Hollis Siracusa AMENDMENT NO. 2 Casanova Irons Smith On page 1, line 4, after "threat;" insert "to provide definitions," Cox Johnson Tarver Dardenne Jones Theunissen AMENDMENT NO. 3 Dean Jordan Ullo On page 1, line 6, delete "is" and insert "and (D) are" Dyess Lambert Ellington Lentini AMENDMENT NO. 4 Total—34 On page 1, line 18, delete the "asterisks" and insert the following: NAYS

"D. For purposes of this Section, fowl, including cocks, shall not Mr. President Landry be defined as animals. Only t The following birds shall also be Total—2 identified as animals for purposes of this Section: ABSENT * * *" Campbell Cravins Hainkel Motion Total—3 Senator Cain moved to table the amendment. The Chair declared the bill was passed. The title was read and adopted. Senator Branch moved to reconsider the vote by which the bill Senator Dean objected. was passed and laid the motion on the table. HOUSE BILL NO. 269— ROLL CALL BY REPRESENTATIVES DURAND, BRUCE, KENNEY, AND ROMERO AN ACT The roll was called with the following result: To enact R.S. 14:42(A)(6) and (D) and 43.4(A)(6) and (D), relative to the crimes of aggravated rape and aggravated oral sexual battery; YEAS to provide when offense is committed against a physically or mentally infirm victim the offense is aggravated; to provide Bagneris Fields Malone definitions; and to provide for related matters. Bean Greene Romero Branch Heitmeier Short On motion of Senator Bagneris, the bill was read by title and Cain Hines Siracusa returned to the Calendar, subject to call. Casanova Hollis Smith Cox Jones Theunissen HOUSE BILL NO. 273— Dyess Jordan Ullo BY REPRESENTATIVE HILL Ellington Lambert AN ACT Total—23 To amend and reenact R.S. 11:1921(A)(3)(b), relative to the Parochial NAYS Employees' Retirement System; to provide with respect to membership; to provide an option for school board members to Mr. President Dean Landry terminate participation; to provide for refunds; and to provide for Bajoie Guidry Lentini related matters. Barham Irons Robichaux Dardenne Johnson Schedler Floor Amendments Sent Up Total—12 ABSENT Senator Landry sent up floor amendments which were read. Campbell Hainkel SENATE FLOOR AMENDMENTS Cravins Tarver Total—4 Amendments proposed by Senator Landry to Engrossed House Bill No. 273 by Representative Hill The Chair declared the amendment was tabled. AMENDMENT NO. 1 The bill was read by title. Senator Branch moved the final passage On page 1, line 2, after "reenact" add "R.S. 11:1549(A) and" of the bill. AMENDMENT NO. 2 On page 1, line 3, after "System" add " and the Clerks' of Court Retirement and Relief Fund;" and after "membership" add " of the Parochial Employees' Retirement System" AMENDMENT NO. 3 47th DAY'S PROCEEDINGS Page 55 SENATE June 16, 1997

On page 1, line 5, after "participation" add "in such fund" HOUSE BILL NO. 284— BY REPRESENTATIVE MCCAIN AMENDMENT NO. 4 AN ACT On page 1, line 5, after "refunds;" add "to provide relative to cost-of- To amend and reenact R.S. 9:315.12, relative to the guidelines for the living adjustments within the Clerks' of Court Retirement and Relief determination of child support; to require the Department of Social Fund; to provide for an effective date;" Services and the Louisiana District Attorneys Association to assist the legislature in the federally mandated periodic review thereof; AMENDMENT NO. 5 and to provide for related matters. On page 1, line 10, after "1." add "R.S. 11:1549(A) and" and after "(b)" change "is" to "are" On motion of Senator Bagneris, the bill was read by title and returned to the Calendar, subject to call. AMENDMENT NO. 6 On page 1, between lines 11 and 12 add the following: HOUSE BILL NO. 285— BY REPRESENTATIVE MURRAY AN ACT "§1549. Cost-of-living adjustments To amend and reenact Children's Code Art. 312(B), relative to original criminal court jurisdiction in certain juvenile matters; to provide for A. The board of trustees may, upon majority vote of the jurisdiction of certain criminal matters to the Municipal Court of board, grant or provide a cost-of-living adjustment to retired New Orleans; and to provide for related matters. members who have been retired for at least one full calendar year as provided for in Subsection D, but only in the event that. The bill was read by title. Senator Landry moved the final passage of the bill. (1) The Retirement Price Index for the preceding fiscal year experienced an increase of three percent, and ROLL CALL (2) At at the end of the system's current fiscal year the funded ratio of the system, as of the end of the previous fiscal year, The roll was called with the following result: equals or exceeds the target ratio as of that date for the system. YEAS * * *" Bagneris Ellington Landry AMENDMENT NO. 7 Bajoie Fields Lentini On page 2, after line 16, add the following: Barham Greene Malone Bean Guidry Robichaux "Section 2. This Act shall become effective on July 1, 1997" Branch Hainkel Romero Cain Heitmeier Schedler On motion of Senator Landry, the amendments were adopted. Campbell Hines Short Casanova Hollis Siracusa The bill was read by title. Senator Landry moved final passage of Cox Irons Smith the amended bill. Cravins Johnson Tarver Dardenne Jones Theunissen Dean Jordan Ullo ROLL CALL Dyess Lambert Total—38 The roll was called with the following result: NAYS YEAS Total—0 ABSENT Mr. President Ellington Landry Bagneris Fields Lentini Mr. President Bajoie Greene Malone Total—1 Barham Guidry Robichaux Bean Hainkel Romero The Chair declared the bill was passed. The title was read and Branch Heitmeier Schedler adopted. Senator Landry moved to reconsider the vote by which the bill Cain Hines Short was passed and laid the motion on the table. Campbell Hollis Siracusa Casanova Irons Smith HOUSE BILL NO. 303— Cox Johnson Tarver BY REPRESENTATIVES DOWNER, BRUCE, DUPRE, KENNARD, AND Dardenne Jones Theunissen ROMERO Dean Jordan Ullo AN ACT Dyess Lambert To enact R.S. 14:222.2, relative to the counterfeiting of cellular Total—38 telephones; to create the crime of cellular telephone counterfeiting; NAYS to provide for definitions; to provide for penalties; and to provide for related matters. Total—0 ABSENT The bill was read by title. Senator Robichaux moved the final passage of the bill. Cravins Total—1 The Chair declared the amended bill was passed. The title was read and adopted. Senator Landry moved to reconsider the vote by which the bill was passed and laid the motion on the table. Page 56 SENATE 47th DAY'S PROCEEDINGS June 16, 1997

ROLL CALL The Chair declared the bill was passed. The title was read and The roll was called with the following result: adopted. Senator Cox moved to reconsider the vote by which the bill was passed and laid the motion on the table. YEAS HOUSE BILL NO. 327— BY REPRESENTATIVE FRITH Mr. President Ellington Landry AN ACT Bagneris Fields Lentini To amend and reenact Code of Criminal Procedure Arts. Bajoie Greene Malone 831(A)(introductory paragraph) and 833(A) and to enact Code of Barham Guidry Robichaux Criminal Procedure Art. 522, relative to a defendant's appearance Bean Hainkel Romero at pretrial motions and hearings; to provide that a defendant may Branch Heitmeier Schedler appear through audio-visual transmission if allowed by local rule Cain Hines Short and approved by defense counsel; and to provide for related Campbell Hollis Siracusa matters. Casanova Irons Smith Cox Johnson Tarver The bill was read by title. Senator Theunissen moved the final Cravins Jones Theunissen passage of the bill. Dardenne Jordan Ullo Dyess Lambert Total—38 ROLL CALL NAYS The roll was called with the following result: Total—0 ABSENT YEAS Dean Mr. President Ellington Lentini Total—1 Bagneris Fields Malone Bajoie Greene Robichaux The Chair declared the bill was passed. The title was read and Barham Guidry Romero adopted. Senator Robichaux moved to reconsider the vote by which the Bean Hainkel Schedler bill was passed and laid the motion on the table. Branch Heitmeier Short Cain Hines Siracusa HOUSE BILL NO. 320— Casanova Hollis Smith BY REPRESENTATIVE STELLY Cox Irons Tarver AN ACT Cravins Johnson Theunissen To amend and reenact R.S. 13:964.1(A), relative to the court reporters' Dardenne Jordan Ullo indigent transcript fund in the Fourteenth Judicial District; to Dean Lambert require that the fund be used to pay court reporters for certain Dyess Landry transcriptions from juvenile cases; and to provide for related Total—37 matters. NAYS The bill was read by title. Senator Cox moved the final passage of Total—0 the bill. ABSENT ROLL CALL Campbell Jones Total—2 The roll was called with the following result: The Chair declared the bill was passed. The title was read and YEAS adopted. Senator Theunissen moved to reconsider the vote by which the bill was passed and laid the motion on the table. Bagneris Ellington Landry Bajoie Fields Lentini HOUSE BILL NO. 341— BY REPRESENTATIVE TOOMY Barham Greene Malone AN ACT Bean Guidry Robichaux To amend and reenact R.S. 33:1430, relative to sheriffs' fees; to provide Branch Hainkel Romero for the rate at which sheriffs are paid for their attendance in court; Cain Heitmeier Schedler and to provide for related matters. Campbell Hines Short Casanova Hollis Siracusa On motion of Senator Bagneris, the bill was read by title and Cox Irons Smith returned to the Calendar, subject to call. Cravins Johnson Tarver Dardenne Jones Theunissen HOUSE BILL NO. 371— Dean Jordan Ullo BY REPRESENTATIVE LONG Dyess Lambert AN ACT Total—38 To enact R.S. 13:2111, relative to the City Court of Natchitoches; to NAYS authorize the transfer of surplus funds from the court's civil fee account to the court's general operational fund; and to provide for Total—0 related matters. ABSENT The bill was read by title. Senator Smith moved the final passage Mr. President of the bill. Total—1 47th DAY'S PROCEEDINGS Page 57 SENATE June 16, 1997

Cravins Irons Siracusa ROLL CALL Dardenne Johnson Smith Dean Jones Tarver The roll was called with the following result: Dyess Jordan Theunissen Ellington Lambert Ullo YEAS Total—36 NAYS Mr. President Dyess Lambert Bagneris Ellington Landry Total—0 Bajoie Fields Lentini ABSENT Barham Greene Malone Bean Guidry Robichaux Bagneris Bean Branch Branch Hainkel Romero Total—3 Cain Heitmeier Schedler Campbell Hines Short The Chair declared the bill was passed. The title was read and Casanova Hollis Siracusa adopted. Senator Smith moved to reconsider the vote by which the bill Cox Irons Smith was passed and laid the motion on the table. Cravins Johnson Tarver Dardenne Jones Theunissen HOUSE BILL NO. 461— BY REPRESENTATIVE DIMOS Dean Jordan Ullo AN ACT Total—39 To amend and reenact R.S. 9:3509(B)(2), 4331.1(A), and 4770, and NAYS R.S. 10:9-102(1), 9-105(1)(h), and 9-201, relative to commercial transactions; to define "goods", provide for the effect of a security Total—0 agreement, provide for applicability of provisions governing ABSENT secured transactions and preference of ranking rules under Chapter 9 of the Louisiana Commercial Laws; to provide for the sale of Total—0 promissory notes; to clarify the rate of interest applicable to certain commercial, business, or agricultural loans after declaration of The Chair declared the bill was passed. The title was read and default; and to provide for related matters. adopted. Senator Smith moved to reconsider the vote by which the bill was passed and laid the motion on the table. The bill was read by title. Senator Smith moved the final passage of the bill. HOUSE BILL NO. 388— BY REPRESENTATIVE MCCAIN AN ACT ROLL CALL To enact R.S. 15:242 and 578.1, relative to criminal procedure; to provide that the record of the arrest and the placement of a person The roll was called with the following result: in a pretrial diversion program arrested for driving while intoxicated become public record; and to provide for related YEAS matters. Mr. President Ellington Lentini On motion of Senator Bagneris, the bill was read by title and Bagneris Fields Malone returned to the Calendar, subject to call. Bajoie Greene Robichaux Barham Hainkel Romero HOUSE BILL NO. 408— Bean Heitmeier Schedler BY REPRESENTATIVE SALTER Branch Hines Short AN ACT Campbell Hollis Siracusa To amend and reenact R.S. 13:998(A) and (E)(1)(introductory Casanova Johnson Smith paragraph), relative to fees in certain civil matters; to require the Cox Jones Tarver clerks of the district courts in Sabine and DeSoto Parishes to assess Dardenne Jordan Theunissen an additional fee, in certain civil matters, for support of various Dean Lambert Ullo nonprofit organizations providing shelter for battered women and Dyess Landry their children; to provide for the disposition of such fee; and to Total—35 provide for related matters. NAYS The bill was read by title. Senator Smith moved the final passage Total—0 of the bill. ABSENT ROLL CALL Cain Guidry Cravins Irons The roll was called with the following result: Total—4 YEAS The Chair declared the bill was passed. The title was read and adopted. Senator Smith moved to reconsider the vote by which the bill Mr. President Fields Landry was passed and laid the motion on the table. Bajoie Greene Lentini Barham Guidry Malone Cain Hainkel Robichaux Campbell Heitmeier Romero Casanova Hines Schedler Cox Hollis Short Page 58 SENATE 47th DAY'S PROCEEDINGS June 16, 1997

HOUSE BILL NO. 464— Dean Lambert BY REPRESENTATIVE DOWNER Total—38 AN ACT NAYS To amend and reenact Children's Code Articles 1189(3), 1270, 1271(A), and 1272, relative to adoptions; to authorize biological Total—0 siblings to register with the voluntary registry in an attempt to ABSENT locate an adopted sibling; and to provide for related matters. Hainkel The bill was read by title. Senator Barham moved the final passage Total—1 of the bill. The Chair declared the bill was passed. The title was read and ROLL CALL adopted. Senator Theunissen moved to reconsider the vote by which the bill was passed and laid the motion on the table. The roll was called with the following result: HOUSE BILL NO. 497— YEAS BY REPRESENTATIVE MCCAIN AN ACT Bagneris Fields Lentini To amend and reenact R.S. 15:1174(2) and to enact R.S. 15:1171(D) Bajoie Hainkel Malone and 1177(B), all relative to the administrative remedy procedure Barham Heitmeier Robichaux for prisoners; to provide with respect to status as an "offender"; to Bean Hines Romero provide with respect to delivery of decisions on applications for Branch Hollis Schedler judicial review; and to provide for related matters. Campbell Irons Short Casanova Johnson Siracusa On motion of Senator Bagneris, the bill was read by title and Dardenne Jones Smith returned to the Calendar, subject to call. Dean Jordan Tarver Dyess Lambert Theunissen HOUSE BILL NO. 498— BY REPRESENTATIVE MCCAIN Ellington Landry Ullo AN ACT Total—33 To enact R.S. 15:1178 and 1179, relative to the administrative remedy NAYS procedure for complaints and grievances filed by prisoners; to provide for pretrial screening of applications for judicial review Total—0 arising out of that procedure; to provide for service of process in ABSENT those applications; and to provide for related matters. Mr. President Cox Greene On motion of Senator Bagneris, the bill was read by title and Cain Cravins Guidry returned to the Calendar, subject to call. Total—6 HOUSE BILL NO. 504— The Chair declared the bill was passed. The title was read and BY REPRESENTATIVE WIGGINS AND SENATORS DYESS AND adopted. Senator Barham moved to reconsider the vote by which the ELLINGTON bill was passed and laid the motion on the table. AN ACT To amend and reenact R.S. 27:43(B)(1), relative to gaming activities HOUSE BILL NO. 495— allowed on designated rivers and waterways; to provide that the BY REPRESENTATIVE JOHNS portion of the Red River within the borders of Rapides Parish is AN ACT not a designated river or designated waterway upon which gaming To enact R.S. 9:2800.11, relative to offenses and quasi offenses; to activities may be conducted; and to provide for related matters. provide for a limitation of liability of a municipal or parish airport authority in certain parishes for damage to aircraft parked on The bill was read by title. Senator Dyess moved the final passage airport property; and to provide for related matters. of the bill. The bill was read by title. Senator Theunissen moved the final ROLL CALL passage of the bill. The roll was called with the following result: ROLL CALL YEAS The roll was called with the following result: Mr. President Ellington Landry YEAS Bagneris Fields Lentini Barham Greene Malone Mr. President Dyess Landry Bean Guidry Robichaux Bagneris Ellington Lentini Branch Hainkel Romero Bajoie Fields Malone Cain Heitmeier Schedler Barham Greene Robichaux Campbell Hines Short Bean Guidry Romero Casanova Hollis Siracusa Branch Heitmeier Schedler Cox Irons Smith Cain Hines Short Cravins Johnson Tarver Campbell Hollis Siracusa Dardenne Jones Theunissen Casanova Irons Smith Dean Jordan Ullo Cox Johnson Tarver Dyess Lambert Cravins Jones Theunissen Total—38 Dardenne Jordan Ullo NAYS 47th DAY'S PROCEEDINGS Page 59 SENATE June 16, 1997

Total—0 ROLL CALL ABSENT The roll was called with the following result: Bajoie Total—1 YEAS The Chair declared the bill was passed. The title was read and Bagneris Fields Lentini adopted. Senator Dyess moved to reconsider the vote by which the bill Bajoie Greene Malone was passed and laid the motion on the table. Barham Guidry Robichaux Bean Hainkel Romero HOUSE BILL NO. 509— Branch Heitmeier Schedler BY REPRESENTATIVE CARTER AN ACT Cain Hines Short To amend and reenact R.S. 14:70.1(B), relative to the crime of Campbell Hollis Siracusa Medicaid fraud; to provide with respect to the penalties for the Casanova Irons Smith crime; and to provide for related matters. Cox Johnson Tarver Cravins Jones Theunissen The bill was read by title. Senator Short moved the final passage Dardenne Jordan Ullo of the bill. Dyess Lambert Ellington Landry Total—37 ROLL CALL NAYS The roll was called with the following result: Total—0 ABSENT YEAS Mr. President Dean Mr. President Dyess Lambert Total—2 Bagneris Ellington Landry Bajoie Fields Lentini The Chair declared the bill was passed. The title was read and Barham Greene Malone adopted. Senator Cox moved to reconsider the vote by which the bill Bean Guidry Robichaux was passed and laid the motion on the table. Branch Hainkel Romero Cain Heitmeier Schedler HOUSE BILL NO. 520— Campbell Hines Short BY REPRESENTATIVE DUPRE Casanova Hollis Siracusa AN ACT Cox Irons Smith To amend and reenact Code of Criminal Procedure Art. 887(C) and Cravins Johnson Tarver (D), R.S. 14:98(A)(1)(b) and (c), (F)(1), and (G), R.S. 32:411(G), Dardenne Jones Theunissen 411.1(D), 414(A)(1)(a), 661(C)(1)(c), 661.1(C)(1)(c), 662(A), Dean Jordan Ullo 666(A)(introductory paragraph), 667(A)(introductory paragraph) Total—39 and (A)(3) and (B)(1) and (2), 668(A)(4) and (B)(1)(b), and NAYS 853(A)(1)(c)(i), R.S. 40:1379.7, R.S. 44:9(A)(2), and R.S. 46:1805(B)(1) and 1809(B)(4)(e) and to enact R.S. 14:98(K) and Total—0 98.1 and R.S. 32:408.3 and 853(A)(1)(d), relative to levels of ABSENT blood alcohol for purposes of certain driving offenses, driver's license sanctions, implied consent law provisions, and certain Total—0 driving records; to provide that lower blood alcohol levels apply to persons under the age of twenty-one years for purposes of The Chair declared the bill was passed. The title was read and committing the offenses and for purposes of related driver's license adopted. Senator Short moved to reconsider the vote by which the bill sanctions, implied consent law provisions, and certain driving was passed and laid the motion on the table. records; to create the offense of underage driving under the influence of alcohol; to provide for definitions and penalties; to HOUSE BILL NO. 514— allow for participation in certain substance abuse programs; to BY REPRESENTATIVES DIMOS, ANSARDI, AND MCMAINS provide for requirements of driver improvement programs; to AN ACT include the offense of underage DUI in provisions relating to To enact Chapter 3 of the Louisiana Code of Evidence, to be comprised defendant's liability for costs and forwarding of costs for of Articles 301 through 308, and to enact Louisiana Code of maintenance of equipment, notification of vehicle owner, and Evidence Article 804(B)(5), to repeal Civil Code Articles 1849, provisions related to crime victims reparations; and to provide for 1850, 1851, and 1852, and to provide for the redesignation of related matters. Louisiana Code of Evidence Articles 804(B)(5) and (6), all relative to evidence in civil proceedings; to provide for the definition, effect, and application of presumptions and prima facie evidence Floor Amendments Sent Up as used in legislation governing civil proceedings; to provide for definitions; to provide with respect to conclusive and rebuttable Senator Short sent up floor amendments which were read. presumptions; to provide for jury instructions; to provide for a residual hearsay exception when the declarant is unavailable to SENATE FLOOR AMENDMENTS testify; to repeal certain Civil Code Articles relative to presumptions; and to provide for related matters. Amendments proposed by Senator Short to Reengrossed House Bill No. 520 by Representative Dupre The bill was read by title. Senator Cox moved the final passage of the bill. AMENDMENT NO. 1 Page 60 SENATE 47th DAY'S PROCEEDINGS June 16, 1997

Delete Senate Committee Amendments 1, 3, and 4, proposed by the the vehicle at the time of the violation was not the owner and the Senate Committee on Judiciary C and adopted by the Senate on June owner did not know that the driver was operating the vehicle while 10, 1997 intoxicated. If this exemption is applicable, the vehicle shall not be released from impoundment until such time as towing and storage AMENDMENT NO. 2 fees have been paid. In addition, the vehicle shall be exempt from On page 1, line 3, after "and (c)," and before "(F)(1)" insert sale if all towing and storage fees are paid by a valid lienholder. "(B)(introductory paragraph), (C)(introductory paragraph), (D), (E), and The proceeds of the sale shall first be used to pay court costs and after "(F)(1) delete "and (G)" towing and storage costs, and the remainder shall be forwarded to the Council on Automobile Insurance Rates and Enforcement for AMENDMENT NO. 3 its use in studying other ways to reduce drunk driving and On page 1, delete line 9, and insert "and R.S. 32:853(A)(1)(d), relative insurance rates. to driving offenses involving alcoholic beverages; to provide with regard E.(1) On a fourth conviction of a fourth or subsequent to levels of blood alcohol for purposes of" offense, notwithstanding any other provision of law to the contrary and regardless of whether the fourth offense occurred before or AMENDMENT NO. 4 after an earlier conviction, the offender shall be sentenced to On page 1, line 11, after "records;" and before "to provide" insert "to imprisonment at hard labor for not less than ten nor more than provide for an increase in penalties for commission of the offense of thirty years, and may shall be fined not more than five thousand driving while intoxicated; to provide for mandatory imprisonment; to dollars. In addition, the court shall order that the vehicle being provide for the seizure and sale of the motor vehicle; to provide for the driven by the offender at the time of the offense be seized and distribution of the proceeds of the sale;" impounded, and be sold at auction in the same manner and under the same conditions as executions of writ of seizure and sale as AMENDMENT NO. 5 provided in Book V, Title II, Chapter 4 of the Code of Civil On page 3, line 23, after "and (c)," and before "(F)(1)" insert Procedure. The vehicle shall be exempt from sale if it was stolen, "(B)(introductory paragraph), (C)(introductory paragraph), (D), (E)," or if the driver of the vehicle at the time of the violation was not the owner and the owner did not know that the driver was AMENDMENT NO. 6 operating the vehicle while intoxicated. If this exemption is On page 4, line 8, after "based" and before "on grams" delete "either" applicable, the vehicle shall not be released from impoundment until such time as towing and storage fees have been paid. In AMENDMENT NO. 7 addition, the vehicle shall be exempt from sale if all towing and On page 4, line 9, after "blood" delete the remainder of the line and storage fees are paid by a valid lienholder. The proceeds of the sale delete line 10, and insert "; or" shall first be used to pay court costs and towing and storage costs, and the remainder shall be forwarded to the Council on AMENDMENT NO. 8 Automobile Insurance Rates and Enforcement for its use in On page 4, between lines 14 and 15 insert the following: studying other ways to reduce drunk driving and insurance rates. (2) At least one year two years of the sentence shall be B. On a first conviction, notwithstanding any other provision imposed without benefit of suspension of sentence, probation, or of law to the contrary, the offender shall be fined not less than one parole. In the discretion of the court, any additional portion or all hundred twenty-five dollars nor more than five hundred dollars of the sentence may be imposed without benefit of suspension of three hundred dollars nor more than one thousand dollars, and may sentence, probation, or parole. If a portion of the sentence is be imprisoned for not less than ten days nor more than six months. imposed with benefit of suspension of sentence, probation, or Imposition or execution of sentence shall not be suspended unless: parole, the court shall require the offender to participate in a court- * * * approved substance abuse program and a court-approved driver C. On a second conviction of a second offense, improvement program. If the offender has previously been notwithstanding any other provision of law to the contrary, required to participate in either or both of such programs pursuant regardless of whether the second offense occurred before or after to Subsection D of this Section, at least three years of the sentence the first conviction, the offender shall be fined not less than three shall be imposed without benefit of suspension of sentence, hundred dollars and not more than one thousand dollars seven probation, or parole. If the offender has previously been required hundred fifty dollars, nor more than one thousand dollars, and shall to participate in either or both of such programs under Subsection be imprisoned for not less than forty-eight hours and thereafter B or C of this Section, but not under Subsection D, at least two may be imprisoned for not less than thirty days nor more than six years of the sentence shall be imposed without benefit of months. Imposition or execution of sentence shall not be suspension of sentence, probation, or parole. If the offender has suspended unless: previously received the benefit of suspension of sentence, * * * probation, or parole as a fourth offender, no part of the sentence D. On a third conviction of a third offense, notwithstanding may be imposed with benefit of suspension of sentence, probation, any other provision of law to the contrary and regardless of or parole, and no portion of the sentence shall be imposed whether the offense occurred before or after an earlier conviction, concurrently with the remaining balance of any sentence to be the offender shall be imprisoned with or without hard labor for not served for a prior conviction for any offense." less than one year nor more than five years, and may shall be fined not more than two thousand dollars. At least six months of the Senator Short moved adoption of the amendments. sentence of imprisonment imposed shall be without benefit of probation, parole, or suspension of sentence. If a portion of the Senator Bean objected. sentence is imposed with benefit of probation, parole, or suspension of sentence, the court shall require the offender to ROLL CALL participate in a court-approved substance abuse program and/or participate in a court-approved driver improvement program. In The roll was called with the following result: addition, the court shall order that the vehicle being driven by the offender at the time of the offense shall be seized and impounded, YEAS and sold at auction in the same manner and under the same conditions as executions of writ of seizures and sale as provided in Mr. President Fields Robichaux Book V, Title II, Chapter 4, of the Code of Civil Procedure. The Bajoie Greene Romero vehicle shall be exempt from sale if it was stolen, or if the driver of Barham Guidry Schedler 47th DAY'S PROCEEDINGS Page 61 SENATE June 16, 1997

Branch Hainkel Short ROLL CALL Cain Heitmeier Siracusa Campbell Hollis Smith The roll was called with the following result: Casanova Irons Theunissen Dardenne Johnson Ullo YEAS Dyess Jones Ellington Lentini Mr. President Fields Lentini Total—28 Bagneris Greene Malone NAYS Bajoie Guidry Robichaux Barham Hainkel Romero Bean Hines Bean Heitmeier Schedler Cox Landry Branch Hines Short Total—4 Cain Hollis Siracusa ABSENT Campbell Irons Smith Casanova Johnson Tarver Bagneris Jordan Tarver Cox Jones Theunissen Cravins Lambert Dardenne Jordan Ullo Dean Malone Dyess Lambert Total—7 Ellington Landry Total—37 The Chair declared the amendments were adopted. NAYS The bill was read by title. Senator Lentini moved final passage of Total—0 the amended bill. ABSENT ROLL CALL Cravins Dean Total—2 The roll was called with the following result: The Chair declared the bill was passed. The title was read and YEAS adopted. Senator Lentini moved to reconsider the vote by which the bill was passed and laid the motion on the table. Mr. President Dyess Lentini Bagneris Ellington Malone HOUSE BILL NO. 523— Bajoie Fields Robichaux BY REPRESENTATIVE DUPRE Barham Greene Romero AN ACT Branch Guidry Schedler To amend and reenact R.S. 14:39.1(A), to provide with respect to the Cain Hainkel Short essential elements of the crime of vehicular negligent injuring; and Campbell Heitmeier Siracusa to provide for related matters. Casanova Hollis Smith Cox Irons Tarver The bill was read by title. Senator Lentini moved the final passage Cravins Johnson Theunissen of the bill. Dardenne Lambert Ullo Total—33 ROLL CALL NAYS The roll was called with the following result: Bean Hines Landry Total—3 YEAS ABSENT Mr. President Fields Lentini Dean Jones Jordan Bagneris Greene Malone Total—3 Bajoie Guidry Robichaux Barham Hainkel Romero The Chair declared the amended bill was passed. The title was Bean Heitmeier Schedler read and adopted. Senator Lentini moved to reconsider the vote by Branch Hines Short which the bill was passed and laid the motion on the table. Cain Hollis Siracusa Campbell Irons Smith HOUSE BILL NO. 522— Casanova Johnson Tarver BY REPRESENTATIVE DUPRE Cox Jones Theunissen AN ACT Dardenne Jordan Ullo To amend and reenact R.S. 14:32.1(A)(introductory paragraph) and (2), Dyess Lambert to provide with respect to the method of measuring blood alcohol Ellington Landry concentration for purposes of the crime of vehicular homicide; and Total—37 to provide for related matters. NAYS The bill was read by title. Senator Lentini moved the final passage Total—0 of the bill. ABSENT Cravins Dean Total—2 Page 62 SENATE 47th DAY'S PROCEEDINGS June 16, 1997

The Chair declared the bill was passed. The title was read and On page 7, line 21, after "training" insert "or licensing". adopted. Senator Lentini moved to reconsider the vote by which the bill was passed and laid the motion on the table. AMENDMENT NO. 2 On page 7, line 22, after "training" and before "regulation" insert "and HOUSE BILL NO. 524— licensing". BY REPRESENTATIVE DUPRE AN ACT AMENDMENT NO. 3 To amend and reenact R.S. 14:39.2(A), to provide with respect to the On page 7, line 25, after "requirements" delete "." and insert in lieu essential elements of the crime of first degree vehicular negligent thereof "in effect on June 1, 1997." injuring; and to provide for related matters. On motion of Senator Heitmeier, the amendments were adopted. The bill was read by title. Senator Lentini moved the final passage of the bill. Floor Amendments Sent Up ROLL CALL Senator Short sent up floor amendments which were read. The roll was called with the following result: SENATE FLOOR AMENDMENTS YEAS Amendments proposed by Senator Short to Reengrossed House Bill No. 551 by Representative Toomy, et al. Bajoie Fields Landry Bean Greene Lentini AMENDMENT NO. 1 Branch Guidry Malone On page 3, line 5, change "six" to "eight" Cain Hainkel Robichaux Campbell Heitmeier Romero AMENDMENT NO. 2 Casanova Hines Schedler On page 3, line 7, change "five" to "seven" Cox Hollis Short Cravins Irons Siracusa AMENDMENT NO. 3 Dardenne Johnson Smith On page 3, between lines 14 and 15 insert the following: Dean Jones Tarver Dyess Jordan Theunissen "(f) Highway Safety Council Ellington Lambert Ullo (g) Mothers Against Drunk Driving" Total—36 NAYS Senator Short moved adoption of the amendments. Total—0 Senator Landry objected. ABSENT Mr. President Bagneris Barham ROLL CALL Total—3 The roll was called with the following result: The Chair declared the bill was passed. The title was read and adopted. Senator Lentini moved to reconsider the vote by which the bill YEAS was passed and laid the motion on the table. Bajoie Fields Jordan HOUSE BILL NO. 551— Barham Greene Lambert BY REPRESENTATIVES TOOMY, ANSARDI, BAUDOIN, BRUCE, DIEZ, Branch Guidry Malone FAUCHEUX, FORSTER, FRITH, FRUGE, GAUTREAUX, HEATON, HEBERT, Campbell Hainkel Robichaux KENNEY, MICHOT, MORRELL, MORRISH, PERKINS, PIERRE, POWELL, PRATT, ROMERO, ROUSSELLE, SCALISE, SHAW, WALSWORTH, WELCH, Cox Heitmeier Romero WIGGINS, WILLARD-LEWIS, WINSTON, AND WRIGHT Cravins Hines Short AN ACT Dardenne Hollis Siracusa To enact Chapter 7 of Title 26 of the Louisiana Revised Statutes of Dean Irons Smith 1950, to be comprised of R.S. 26:901 through 909, relative to the Dyess Johnson Tarver Louisiana Responsible Vendor Program; to establish a program for Ellington Jones Theunissen the responsible sale, service, and consumption of alcoholic Total—30 beverages; to provide for definitions; to provide for qualification NAYS and certification as a responsible vendor; to provide for server training courses; to provide for suspension and revocation of Bean Landry Lentini permits and other penalties; to provide for fees; and to provide for Total—3 related matters. ABSENT Floor Amendments Sent Up Mr. President Cain Schedler Bagneris Casanova Ullo Senator Heitmeier sent up floor amendments which were read. Total—6 SENATE FLOOR AMENDMENTS The Chair declared the amendments were adopted. Amendments proposed by Senator Heitmeier to Reengrossed House Bill The bill was read by title. Senator Theunissen moved final passage No. 551 by Representative Toomy of the amended bill. AMENDMENT NO. 1 47th DAY'S PROCEEDINGS Page 63 SENATE June 16, 1997

ROLL CALL Mr. President Schedler Ullo Total—3 The roll was called with the following result: The Chair declared the bill was passed. The title was read and YEAS adopted. Senator Cox moved to reconsider the vote by which the bill was passed and laid the motion on the table. Bagneris Ellington Lambert Bajoie Fields Landry HOUSE BILL NO. 584— BY REPRESENTATIVES DIMOS, ANSARDI, AND MCMAINS Barham Greene Lentini AN ACT Bean Guidry Malone To amend and reenact Code of Civil Procedure Arts. 72, 82, 123(A), Branch Hainkel Robichaux 928(A), 929, 964, and 967, all relative to the continuous revision Campbell Heitmeier Romero of the Code of Civil Procedure; to provide for the effect of Casanova Hines Short judgments in certain actions involving property, venue in actions Cox Hollis Siracusa to partition community property, transfer of venue, time of Cravins Irons Smith pleading and trial of exceptions, motions to strike, and the use of Dardenne Johnson Tarver affidavits of expert witnesses in motions for summary judgment; Dean Jones Theunissen and to provide for related matters. Dyess Jordan Total—35 NAYS Floor Amendments Sent Up Total—0 Senator Cox sent up floor amendments which were read. ABSENT SENATE FLOOR AMENDMENTS Mr. President Schedler Cain Ullo Amendments proposed by Senator Cox to Engrossed House Bill No. Total—4 584 by Representative Dimos, et al The Chair declared the amended bill was passed. The title was AMENDMENT NO. 1 read and adopted. Senator Theunissen moved to reconsider the vote by On page 5, delete lines 20 through 29 in their entirety which the bill was passed and laid the motion on the table. AMENDMENT NO. 2 HOUSE BILL NO. 583— On page 6, delete lines 1 through 21 in their entirety BY REPRESENTATIVES DIMOS, ANSARDI, AND MCMAINS AN ACT On motion of Senator Cox, the amendments were adopted. To amend and reenact Code of Civil Procedure Articles 6, 925, 1671, 2002, and 5091(A)(1)(a), R.S. 13:1704(A)(3), R.S. 34:807, and Floor Amendments Sent Up Children's Code Articles 644(B) and 1024(B) and to repeal Code of Civil Procedure Article 7, relative to personal jurisdiction; to Senator Hainkel sent up floor amendments which were read. repeal the general appearance by a party in all proceedings; to repeal the implied waiver of objections by general appearance; to SENATE FLOOR AMENDMENTS provide that objection to jurisdiction is waived unless a declinatory exception is timely filed; and to provide for related matters. Amendments proposed by Senator Hainkel to Engrossed House Bill No. 584 by Representative Dimos The bill was read by title. Senator Cox moved the final passage of the bill. AMENDMENT NO. 1 Delete Senate Committee Amendments proposed by Senate Committee ROLL CALL on Judiciary A adopted by the Senate on June 10, 1997. The roll was called with the following result: AMENDMENT NO. 2 On page 1, lines 2 and 10, delete "(A)" YEAS AMENDMENT NO. 3 Bagneris Dyess Lambert On page 3, delete line 25 and insert in lieu thereof the following: Bajoie Ellington Landry Barham Fields Lentini B. Except as provided in Paragraph C, upon Upon the Bean Greene Malone contradictory motion of any defendant in, a civil case filed in a district Branch Guidry Robichaux court of this state in which a claim or cause of action is predicated solely Cain Heitmeier Romero upon a federal statute and is based upon acts or omissions originating Campbell Hines Short outside the territorial boundaries of this state may be dismissed on Casanova Hollis Siracusa the grounds of forum non conveniens. In considering the motion Cox Irons Smith for dismissal upon the grounds of forum non conveniens the court Cravins Johnson Tarver shall apply the following analysis: Dardenne Jones Theunissen (1) The court shall decide whether an available and adequate Dean Jordan foreign forum exists. Total—35 (2) If the court concludes an alternate forum exists, it shall NAYS then consider all of the relevant private interests. Private interest factors to be considered are: Hainkel (a) Relative ease of access to sources of proof. Total—1 (b) The availability of compulsory process for the attendance ABSENT of unwilling witnesses. Page 64 SENATE 47th DAY'S PROCEEDINGS June 16, 1997

(c) The cost of obtaining attendance of willing witnesses. Branch Hainkel Schedler (d) The possibility of view of the premises, if appropriate. Cain Hollis Siracusa (e) All other practical problems that make trial easy, Casanova Irons Smith expeditious, and inexpensive. Dean Landry Theunissen (3) The court should balance those factors weighing in favor Total—15 of dismissal with deference given to plaintiff's choice of forum. The ABSENT court need go no further if the private interest factors weigh in favor of dismissal on the grounds of forum non conveniens. Mr. President Johnson Romero (4) If the private interest factors do not weigh in favor of Cravins Lambert Tarver dismissal, the court shall then consider the public interest factors. Total—6 Public interest factors to be considered are: (a) The administrative difficulties flowing from court The Chair declared the amendment was tabled. congestion. (b) The unfairness of burdening citizens in an unrelated The bill was read by title. Senator Cox moved final passage of the forum with jury duty. amended bill. (c) The interest in having the trial in a forum that is familiar with the law that must govern the action. ROLL CALL (d) The local interest in having localized controversies decided at home. The roll was called with the following result: (5) No suit in which the plaintiff is domiciled in this state, and which is brought in a court which is otherwise a court of competent YEAS jurisdiction and proper venue, shall be dismissed pursuant to this Article. when it is shown that there exists a more appropriate forum outside of Mr. President Dyess Landry this state, taking into account the location where the acts giving rise to Bagneris Ellington Lentini the action occurred, the convenience of the parties and witnesses, and Bajoie Fields Robichaux the interest of justice, the court may dismiss the suit without prejudice; Barham Greene Romero however, no suit in which the plaintiff is domiciled in this state, and Bean Guidry Schedler which is brought in a court which is otherwise a court of competent Branch Heitmeier Short jurisdiction and proper venue, shall be dismissed pursuant to this Article. Cain Hines Siracusa C. In the interest of justice, and before the rendition of the Campbell Hollis Smith judgment of dismissal, the court shall require the defendant or Cox Irons Tarver defendants to file with the court a waiver of any defense based upon Cravins Jones Theunissen prescription that has matured since the commencement of the action in Dardenne Jordan Ullo Louisiana, provided that a suit on the same cause of action is Dean Lambert commenced in a court of competent jurisdiction in a foreign forum Total—35 within sixty days from the rendition of the judgment of dismissal. The NAYS court may further condition the judgment of dismissal to allow for reinstatement of the action in the same forum in the event a suit on Casanova Hainkel the same cause of action commenced in an appropriate foreign Total—2 forum within sixty days after the rendition of the judgment of ABSENT dismissal is (1) refused by a final judgment of the court of last resort of such a foreign forum or (2) such foreign forum is unable Johnson Malone to assume jurisdiction over the parties or the cause of action. Total—2 C. The provisions of Subsection B shall not apply to claims brought pursuant to 46 USC Section 688 or federal maritime law. The Chair declared the amended bill was passed. The title was read and adopted. Senator Cox moved to reconsider the vote by which * * * the bill was passed and laid the motion on the table. Motion HOUSE BILL NO. 585— BY REPRESENTATIVES DIMOS, ANSARDI, AND MCMAINS AN ACT Senator Guidry moved to table the amendment. To amend and reenact Code of Civil Procedure Articles 1236, 1314, 1424, 1464, 1551, and 5091.2, and R.S. 13:3203 and 3206, and Senator Hainkel objected. to enact Code of Civil Procedure Articles 1443(D), 2087(D), and 2123(C), all relative to the continuous revision of the Code of Civil ROLL CALL Procedure and ancillary procedural provisions; to provide for service on a physician, service on the clerk of court, the scope of The roll was called with the following result: discovery, restrictions on instructing a deponent not to answer, orders for physical or mental examinations by licensed examiners, YEAS pretrial and scheduling conferences, premature appeals, curators ad hoc in certain proceedings, venue under long-arm proceedings, Bajoie Dyess Jones "and nonresident" under long-arm jurisdiction; and to provide for Barham Ellington Jordan related matters. Bean Fields Lentini Campbell Guidry Robichaux The bill was read by title. Senator Cox moved the final passage of Cox Heitmeier Short the bill. Dardenne Hines Ullo Total—18 NAYS Bagneris Greene Malone 47th DAY'S PROCEEDINGS Page 65 SENATE June 16, 1997

ROLL CALL The Chair declared the bill was passed. The title was read and The roll was called with the following result: adopted. Senator Bean moved to reconsider the vote by which the bill was passed and laid the motion on the table. YEAS HOUSE BILL NO. 631— BY REPRESENTATIVE WINDHORST Bajoie Greene Malone AN ACT Barham Guidry Robichaux To amend and reenact R.S. 28:63(D), relative to the examination, Bean Heitmeier Romero admission, commitment, and treatment of persons suffering from Branch Hines Schedler mental illness and substance abuse; to limit liability of certain acts Cain Hollis Short of law enforcement officers; to provide with respect to the Campbell Irons Siracusa responsibilities of law enforcement; and to provide for related Cox Johnson Smith matters. Cravins Jones Tarver Dardenne Jordan Theunissen On motion of Senator Bagneris, the bill was read by title and Dyess Lambert Ullo returned to the Calendar, subject to call. Ellington Landry Fields Lentini HOUSE BILL NO. 637— Total—34 BY REPRESENTATIVE BRUNEAU NAYS AN ACT To amend and reenact Code of Civil Procedure Art. 1672(A), relative Casanova Dean Hainkel to the dismissal of civil actions; to authorize the trial judge to Total—3 dismiss an action for failure of the parties to appear at trial; and to ABSENT provide for related matters. Mr. President Bagneris On motion of Senator Bagneris, the bill was read by title and Total—2 returned to the Calendar, subject to call. The Chair declared the bill was passed. The title was read and HOUSE BILL NO. 638— adopted. Senator Cox moved to reconsider the vote by which the bill BY REPRESENTATIVE BRUNEAU was passed and laid the motion on the table. AN ACT To enact R.S. 13:4165, relative to courts and judicial procedure; to HOUSE BILL NO. 626— authorize district courts to appoint special masters in certain cases; BY REPRESENTATIVES MONTGOMERY, BRUCE, AND KENNARD and to provide for related matters. AN ACT To enact R.S. 15:587.2, relative to the Louisiana Bureau of Criminal The bill was read by title. Senator Hainkel moved the final passage Identification and Information; to provide that Louisiana State of the bill. University campus police have authority to conduct employee criminal background checks; to provide that Louisiana State ROLL CALL University campus police have access to criminal history information; and to provide for related matters. The roll was called with the following result: The bill was read by title. Senator Bean moved the final passage YEAS of the bill. Mr. President Fields Lentini ROLL CALL Bagneris Greene Malone Bajoie Guidry Robichaux The roll was called with the following result: Barham Hainkel Romero Bean Heitmeier Schedler YEAS Branch Hines Short Cain Hollis Siracusa Bajoie Ellington Landry Campbell Irons Smith Barham Fields Lentini Casanova Johnson Tarver Bean Greene Malone Cox Jones Theunissen Branch Guidry Robichaux Cravins Jordan Ullo Cain Heitmeier Romero Dardenne Lambert Campbell Hines Schedler Ellington Landry Casanova Hollis Short Total—37 Cox Irons Siracusa NAYS Cravins Johnson Smith Dardenne Jones Tarver Total—0 Dean Jordan Theunissen ABSENT Dyess Lambert Ullo Total—36 Dean Dyess NAYS Total—2 Total—0 The Chair declared the bill was passed. The title was read and ABSENT adopted. Senator Hainkel moved to reconsider the vote by which the bill was passed and laid the motion on the table. Mr. President Bagneris Hainkel Total—3 Page 66 SENATE 47th DAY'S PROCEEDINGS June 16, 1997

HOUSE BILL NO. 756— Barham Ellington Lentini BY REPRESENTATIVES PERKINS, DONELON, BRUN, DANIEL, DIEZ, Cain Fields Malone DIMOS, DOWNER, FARVE, FAUCHEUX, FLAVIN, FONTENOT, FRUGE, GAUTREAUX, JENKINS, JETSON, JOHNS, KENNARD, LANCASTER, Campbell Greene Schedler MCCALLUM, MURRAY, ROMERO, ROUSSELLE, THORNHILL, VITTER, Casanova Hines Short WALSWORTH, WESTON, WIGGINS, WILLARD-LEWIS, WINDHORST, AND WRIGHT AND SENATORS DEAN, GREENE, HAINKEL, AND SHORT Cox Jones Smith AN ACT Dardenne Jordan Tarver To amend and reenact Civil Code Articles 102 and 103 and R.S. 9:234 Dean Lambert Ullo and 245(A)(1) and to enact R.S. 9:224(C) and 225(A)(3), Part VII Dyess Landry of Chapter 1 of Code Title IV of Code Book I of Title 9 of the Total—23 Louisiana Revised Statutes of 1950, comprised of R.S. 9:272 NAYS through 275, and R.S. 9:307, 308, and 309, all relative to covenant marriages; to provide for a declaration on the application for a Bagneris Guidry Siracusa marriage license; to provide prerequisites to entering into a Bean Heitmeier Theunissen covenant marriage, including counseling; to authorize the entering Branch Hollis into a covenant marriage by couples already married; to provide Cravins Irons for indication thereof on the marriage certificate; to provide the Total—10 exclusive means to terminate a covenant marriage; to provide with ABSENT respect to jurisdiction, venue, and incidental relief; and to provide for related matters. Mr. President Hainkel Robichaux Bajoie Johnson Romero Rules Suspended Total—6 The Chair declared the rules were suspended and the speaker was Senator Barham asked for a suspension of the rules for the purpose granted an additional 5 minutes. of granting the speaker an additional 5 minutes. Senator Bean objected. Floor Amendments Sent Up ROLL CALL Senator Dardenne sent up floor amendments which were read. SENATE FLOOR AMENDMENTS The roll was called with the following result: Amendments proposed by Senator Dardenne to Reengrossed House Bill YEAS No. 756 by Representative Perkins Barham Greene Landry AMENDMENT NO. 1 Casanova Guidry Lentini In Senate Committee Amendment No. 4 proposed by Senate Committee Dardenne Hines Malone on Judiciary A and adopted by the Senate on June 10, 1997, on page 1, Dean Irons Short between lines 23 and 24, insert the following: Dyess Johnson Siracusa Ellington Jordan Smith "(7) The other spouse has physically or sexually abused the Fields Lambert Ullo spouse seeking the divorce or a child of one of the spouses." Total—21 NAYS Motion Bagneris Branch Hollis Bajoie Cox Schedler Senator Cain moved the previous question on the entire subject Bean Heitmeier Theunissen matter. Total—9 ABSENT Senator Jordan objected. Mr. President Cravins Robichaux ROLL CALL Cain Hainkel Romero Campbell Jones Tarver The roll was called with the following result: Total—9 YEAS The Chair declared the rules were suspended and the speaker was granted an additional 5 minutes. Bagneris Dardenne Malone Bajoie Dean Romero Rules Suspended Bean Ellington Schedler Branch Greene Short Senator Casanova asked for a suspension of the rules for the Cain Irons Siracusa purpose of granting the speaker an additional 5 minutes. Campbell Johnson Smith Cox Jones Theunissen Senator Irons objected. Cravins Jordan Total—23 ROLL CALL NAYS Barham Hainkel Landry The roll was called with the following result: Casanova Heitmeier Lentini Dyess Hines Robichaux YEAS Fields Hollis Ullo 47th DAY'S PROCEEDINGS Page 67 SENATE June 16, 1997

Guidry Lambert ABSENT Total—14 ABSENT Cravins Robichaux Total—2 Mr. President Tarver Total—2 The Chair declared the amended bill was passed. The title was read and adopted. Senator Greene moved to reconsider the vote by The Chair declared the previous question was called on the entire which the bill was passed and laid the motion on the table. subject matter. HOUSE BILL NO. 833— Senator Dardenne moved adoption of the amendments. BY REPRESENTATIVE BRUNEAU AN ACT Senator Greene objected. To amend and reenact R.S. 13:1383, relative to the Criminal District Court for the parish of Orleans; to require the city of New Orleans to provide space for judges and the magistrate section; and to ROLL CALL provide for related matters. The roll was called with the following result: On motion of Senator Hainkel, the bill was read by title and returned to the Calendar, subject to call. YEAS HOUSE BILL NO. 942— Mr. President Ellington Lambert BY REPRESENTATIVE MCCAIN Bagneris Fields Landry AN ACT Bajoie Guidry Lentini To enact Code of Criminal Procedure Art. 556.1, relative to guilty pleas Bean Hainkel Robichaux in felony cases; to provide that the court must inform the defendant Branch Heitmeier Romero of the charge and its penalty, his rights as a defendant, and the Cain Hines Schedler effect of a guilty plea; to provide that the court must determine if Campbell Hollis Smith the plea is voluntary; to provide for a verbatim record of these Casanova Irons Tarver proceedings; and to provide for related matters. Cox Johnson Theunissen Cravins Jones Ullo Floor Amendments Sent Up Dardenne Jordan Total—32 Senator Jordan sent up floor amendments which were read. NAYS SENATE FLOOR AMENDMENTS Dean Greene Dyess Short Amendments proposed by Senator Jordan to Engrossed House Bill No. Total—4 942 by Representative McCain ABSENT AMENDMENT NO. 1 Barham Malone Siracusa On page 1, line 3, change "felony" to "criminal" Total—3 AMENDMENT NO. 2 The Chair declared the amendments were adopted. On page 1, line 12, delete "a felony" and insert "any criminal" The bill was read by title. Senator Greene moved final passage of AMENDMENT NO. 3 the amended bill. On page 2, line 16, after "In" delete "a felony" and insert "any criminal" ROLL CALL AMENDMENT NO. 4 On page 2, line 19, after "agreement" insert ", and that the waiver of all The roll was called with the following result: constitutional and legal rights are knowingly and intelligently waived" YEAS AMENDMENT NO. 5 On page 3, at the beginning of line 1, delete "In a felony case, a" and Mr. President Fields Malone insert "A" Barham Greene Romero Branch Guidry Schedler AMENDMENT NO. 6 Cain Hainkel Short Campbell Irons Smith On page 3, delete lines 4 through 6, and insert the following: Casanova Johnson Tarver Dardenne Jones Theunissen "E. In any case where a subsequent offense carries an Dean Jordan Ullo enhanced penalty, the court shall inform the defendant of the Dyess Lambert penalties for subsequent offenses." Ellington Lentini Total—28 On motion of Senator Jordan, the amendments were adopted. NAYS The bill was read by title. Senator Jordan moved final passage of Bagneris Cox Hollis the amended bill. Bajoie Heitmeier Landry Bean Hines Siracusa Total—9 Page 68 SENATE 47th DAY'S PROCEEDINGS June 16, 1997

ROLL CALL Motion The roll was called with the following result: On motion of Senator Hainkel, House Bill No. 2 was made Special Order of the Day, No. 2 on Tuesday, June 17, 1997 immediately YEAS following the Morning Hour. Mr. President Ellington Landry Motion Bagneris Fields Lentini Bajoie Greene Malone On motion of Senator Hainkel, House Bill No. 2273 was made Barham Guidry Robichaux Special Order of the Day, No. 3 on Tuesday, June 17, 1997 Bean Hainkel Romero immediately following the Morning Hour. Branch Heitmeier Schedler Cain Hines Short Campbell Hollis Siracusa Motion Casanova Irons Smith On motion of Senator Hainkel, House Bill No. 2322 was made Cox Johnson Tarver Special Order of the Day, No. 4 on Tuesday, June 17, 1997 Cravins Jones Theunissen Dardenne Jordan Ullo immediately following the Morning Hour. Dyess Lambert Total—38 Motion NAYS On motion of Senator Hainkel, House Bill No. 2356 was made Total—0 Special Order of the Day, No. 5 on Tuesday, June 17, 1997 ABSENT immediately following the Morning Hour. Dean Motion Total—1 On motion of Senator Hainkel, House Bill No. 2367 was made The Chair declared the amended bill was passed. The title was Special Order of the Day, No. 6 on Tuesday, June 17, 1997 read and adopted. Senator Jordan moved to reconsider the vote by immediately following the Morning Hour. which the bill was passed and laid the motion on the table. Motion Motion to Make Special Order On motion of Senator Hainkel, House Bill No. 2370 was made Senator Hollis asked for a suspension of the rules for the purpose Special Order of the Day, No. 7 on Tuesday, June 17, 1997 of making Senate Resolution No. 43, which was just advanced to a third immediately following the Morning Hour. reading and final passage, Special Order of the Day No. 1 on Tuesday, June 17, 1997 immediately following the Morning Hour. Motion Senator Branch objected. On motion of Senator Hainkel, House Bill No. 1348 was made Special Order of the Day, No. 8 on Tuesday, June 17, 1997 ROLL CALL immediately following the Morning Hour. The roll was called with the following result: Motion YEAS On motion of Senator Hainkel, House Bill No. 2067 was made Special Order of the Day, No. 9 on Tuesday, June 17, 1997 Bagneris Fields Lambert immediately following the Morning Hour. Bajoie Guidry Landry Bean Hainkel Robichaux Campbell Heitmeier Romero Motion to Make Special Order Cox Hines Schedler Senator Bagneris asked for a suspension of the rules for the Cravins Hollis Siracusa purpose of making House Bill No. 863 Special Order of the Day No. 1 Dardenne Irons Theunissen on Wednesday, June 18, 1997 immediately following the Morning Dean Johnson Hour. Ellington Jones Total—25 Senator Malone objected. NAYS Barham Dyess Short ROLL CALL Branch Greene Smith Cain Jordan Ullo The roll was called with the following result: Casanova Malone Total—11 YEAS ABSENT Bagneris Greene Landry Mr. President Lentini Tarver Bajoie Hainkel Robichaux Total—3 Barham Heitmeier Short Bean Hines Siracusa The Chair declared the rules were suspended. Campbell Hollis Tarver 47th DAY'S PROCEEDINGS Page 69 SENATE June 16, 1997

Cox Johnson Theunissen House Bills and Joint Resolutions on Cravins Jones Ullo Dardenne Jordan Third Reading and Final Passage, Fields Lambert Subject to Call Total—25 NAYS The following House Bills and Joint Resolutions on third reading and final passage, subject to call, were taken up and acted upon as Branch Dyess Malone follows: Cain Ellington Schedler Dean Lentini Smith Called from the Calendar Total—9 ABSENT Senator Bagneris asked that House Bill No. 48 be called from the Calendar at this time for its final passage. Mr. President Guidry Romero Casanova Irons HOUSE BILL NO. 48— Total—5 BY REPRESENTATIVES MURRAY, A. ALEXANDER, AND WELCH AN ACT The Chair declared the rules were suspended. To enact R.S. 15:1204(12), relative to the Louisiana Commission on Law Enforcement and Administration of Criminal Justice; to HOUSE BILL NO. 943— require the commission to develop and implement a state medal of BY REPRESENTATIVE MCCAIN honor program for law enforcement officers killed in the line of AN ACT duty; and to provide for related matters. To amend and reenact Code of Criminal Procedure Art. 832, relative to the presence of the defendant at criminal proceedings; to provide The bill was read by title. Senator Bagneris moved the final for the waiver of the right to be present; to allow for simultaneous passage of the bill. audio-visual transmission; and to provide for related matters. ROLL CALL The bill was read by title. Senator Jordan moved the final passage of the bill. The roll was called with the following result: ROLL CALL YEAS The roll was called with the following result: Mr. President Ellington Lentini Bagneris Fields Malone YEAS Bajoie Greene Robichaux Barham Guidry Romero Mr. President Dyess Lentini Bean Heitmeier Schedler Bagneris Ellington Malone Branch Hines Short Barham Greene Robichaux Cain Hollis Siracusa Bean Guidry Romero Campbell Irons Smith Branch Heitmeier Schedler Casanova Johnson Tarver Cain Hines Short Cox Jones Theunissen Campbell Hollis Siracusa Dardenne Jordan Ullo Casanova Irons Smith Dean Lambert Cox Jordan Tarver Dyess Landry Dardenne Lambert Theunissen Total—37 Dean Landry Ullo NAYS Total—33 NAYS Total—0 ABSENT Bajoie Johnson Fields Jones Cravins Hainkel Total—4 Total—2 ABSENT The Chair declared the bill was passed. The title was read and Cravins Hainkel adopted. Senator Bagneris moved to reconsider the vote by which the Total—2 bill was passed and laid the motion on the table. The Chair declared the bill was passed. The title was read and Called from the Calendar adopted. Senator Jordan moved to reconsider the vote by which the bill was passed and laid the motion on the table. Senator Schedler asked that House Bill No. 196 be called from the Calendar at this time for its final passage. Rules Suspended HOUSE BILL NO. 196— Senator Bagneris asked for and obtained a suspension of the rules BY REPRESENTATIVE SCHNEIDER for the purpose of taking up at this time. A JOINT RESOLUTION Proposing to amend Article VII, Section 23(C) of the Constitution of Louisiana, to provide relative to public notice of any public meeting at which an increase in authorized millages after reappraisal will be acted upon by the taxing authority; to provide for submission of the Page 70 SENATE 47th DAY'S PROCEEDINGS June 16, 1997

proposed amendment to the electors; and to provide for related Barham Greene Romero matters. Bean Guidry Schedler Branch Heitmeier Short Floor Amendments Sent Up Cain Hines Siracusa Campbell Hollis Smith Senator Dean sent up floor amendments which were read. Casanova Irons Tarver Cox Johnson Theunissen SENATE FLOOR AMENDMENTS Cravins Jones Ullo Dardenne Jordan Amendments proposed by Senators Dean and Lambert to Reengrossed Dean Landry House Bill No. 196 by Representative Schneider Total—37 NAYS AMENDMENT NO. 1 On page 1, line 5, after "authority" insert "only after local voter Total—0 approval" ABSENT AMENDMENT NO. 2 Hainkel Lambert On page 2, line 6, after "authority" delete "without further" and insert Total—2 "only after local" and on line 7 change "but" to "and" The Chair declared the bill was passed. The title was read and AMENDMENT NO. 3 adopted. Senator Schedler moved to reconsider the vote by which the On page 2, line 13, after "newspaper" insert the following: bill was passed and laid the motion on the table. "in the area served by the taxing authority" Called from the Calendar Senator Dean moved adoption of the amendments. Senator Theunissen asked that House Bill No. 221 be called from the Calendar at this time for its final passage. Senator Schedler objected. HOUSE BILL NO. 221— BY REPRESENTATIVES JOHNS AND FAUCHEUX ROLL CALL AN ACT To amend and reenact R.S. 27:101(A), 266(A), and 322(A), relative to The roll was called with the following result: gaming establishments; to prohibit use of cash assistance checks for gaming activities; and to provide for related matters. YEAS Mr. President Dardenne Guidry Floor Amendments Sent Up Barham Dean Hollis Branch Fields Lambert Senator Jones sent up floor amendments which were read. Cain Greene Robichaux Total—12 SENATE FLOOR AMENDMENTS NAYS Amendments proposed by Senator Jones to Engrossed House Bill No. Bagneris Heitmeier Malone 221 by Representative Johns Bajoie Hines Schedler Bean Irons Short AMENDMENT NO. 1 Casanova Johnson Siracusa On page 1, lines 2 and 6, after "266(A)," insert "306(A)(5)," Cox Jones Smith Cravins Jordan Tarver AMENDMENT NO. 2 Dyess Landry Theunissen On page 1, line 4, after "activities;" insert "to provide for licensure of Ellington Lentini Ullo qualified truck stop facilities; to provide for the leasing of aspects of the Total—24 business within such facilities;" ABSENT AMENDMENT NO. 3 Campbell Hainkel Romero On page 2, between lines 9 and 10, insert the following: Total—3 "§306. State license qualifications; limitations; right to hearing The Chair declared the amendments were rejected. A.(1) * * * (5)(a) The qualified truck stop facility shall be owned or leased by The bill was read by title. Senator Schedler moved the final a person who meets all the personal qualifications for a Class A-General passage of the bill. retail permit or a Class A-Restaurant permit, as defined in Part II of Chapter 1 or Part II of Chapter 2 of Title 26 of the Louisiana Revised Statutes of 1950, to serve or sell alcoholic beverages for on-premises ROLL CALL consumption. However, when no such permit is obtainable or available, The roll was called with the following result: no such permit shall be required. R.S. 27:306(A)(5)(b) is all proposed new law. YEAS (b) An owner or lessor of a qualified truck stop facility may lease or sublease any restaurant or convenience store located on the premises Mr. President Dyess Lentini of the qualified truck stop facility to another person, provided that such Bagneris Ellington Malone person executes a written lease which contains a requirement that the Bajoie Fields Robichaux lessee or sublessee comply with the laws and regulations which govern the operation of video draw poker devices. If such lease or sublease is 47th DAY'S PROCEEDINGS Page 71 SENATE June 16, 1997 granted, the owner or lessor of such qualified truck stop facility shall Cain Heitmeier Siracusa maintain ultimate supervision and control of his entire truck stop Campbell Hines Smith premise. No such lessee or sublessee shall be required to meet Casanova Hollis Tarver suitability requirements unless he receives, as a result of the lease, any Cox Irons Theunissen video draw poker device operation revenue or unless he exercises some Cravins Johnson Ullo management or control over video draw pocker devices. Any violation Total—33 of the laws and regulations which govern the operation of video draw NAYS poker devices by such lessee or sublessee shall be considered a violation by the licensee. Hainkel Landry Short R.S. 27:306(A)(5)(c) is all proposed new law. Jordan Schedler (c) Any licensee who has leased or subleased a restaurant or Total—5 convenience store prior to August 15, 1997, which lease does not meet ABSENT the requirements provided in Subparagraph (b) of this Paragraph shall have until June 30, 1998 to comply with such provisions. Fields R.S. 27:306 (A)(5)(d) is all proposed new law. Total—1 (d) After June 30, 1998, no licensee of a qualified truck stop facility may have the fuel facility portion of the qualified truck stop The Chair declared the amended bill was passed. The title was facility under a lease or sublease. read and adopted. Senator Theunissen moved to reconsider the vote by * * *" which the bill was passed and laid the motion on the table. Senator Jones moved adoption of the amendments. Called from the Calendar Senator Landry objected. Senator Heitmeier asked that House Bill No. 341 be called from the Calendar at this time for its final passage. ROLL CALL HOUSE BILL NO. 341— The roll was called with the following result: BY REPRESENTATIVE TOOMY AN ACT YEAS To amend and reenact R.S. 33:1430, relative to sheriffs' fees; to provide for the rate at which sheriffs are paid for their attendance in court; Mr. President Dyess Jones and to provide for related matters. Bajoie Ellington Lambert Bean Guidry Smith Floor Amendments Sent Up Branch Heitmeier Tarver Cain Hines Theunissen Senator Heitmeier sent up floor amendments which were read. Cravins Hollis Ullo Dardenne Irons SENATE FLOOR AMENDMENTS Dean Johnson Total—22 Amendments proposed by Senator Heitmeier to Reengrossed House Bill NAYS No. 341 by Representative Toomy Barham Jordan Schedler AMENDMENT NO. 1 Casanova Landry Short On page 1, line 2, between "1430" and the comma "," insert: Cox Lentini Siracusa Greene Malone "and 1520(6)" Hainkel Robichaux Total—13 AMENDMENT NO. 2 ABSENT On page 1, line 3, between "court;" and "and" insert: Bagneris Fields "to provide for the rate at which the criminal sheriff of Orleans Parish Campbell Romero may charge for taking appearance bonds;" Total—4 AMENDMENT NO. 3 The Chair declared the amendments were adopted. On page 1, line 6, change "is" to "and 1520(6) are" The bill was read by title. Senator Theunissen moved final passage AMENDMENT NO. 4 of the amended bill. On page 2, between lines 9 and 10, insert: ROLL CALL "§1520. Fees of criminal sheriff The criminal sheriff of Orleans Parish shall collect from the parties, The roll was called with the following result: from witnesses, from sureties, and from sureties on bonds forfeited, the following fees and charges: YEAS * * * (6) For taking appearance bond or recognizance bond when Mr. President Dardenne Jones required to do so, seven fifteen dollars, unless suspended by the judges Bagneris Dean Lambert of the Criminal District Court of the Parish of Orleans. Bajoie Dyess Lentini * * *" Barham Ellington Malone Bean Greene Robichaux On motion of Senator Heitmeier, the amendments were adopted. Branch Guidry Romero Page 72 SENATE 47th DAY'S PROCEEDINGS June 16, 1997

The bill was read by title. Senator Heitmeier moved final passage Total—39 of the amended bill. NAYS ROLL CALL Total—0 ABSENT The roll was called with the following result: Total—0 YEAS The Chair declared the bill was passed. The title was read and Mr. President Dyess Landry adopted. Senator Jordan moved to reconsider the vote by which the bill Bagneris Ellington Lentini was passed and laid the motion on the table. Bajoie Fields Malone Barham Greene Robichaux Called from the Calendar Bean Guidry Romero Branch Heitmeier Schedler Senator Jordan asked that House Bill No. 388 be called from the Campbell Hines Short Calendar at this time for its final passage. Casanova Hollis Siracusa Cox Johnson Smith HOUSE BILL NO. 388— Cravins Jones Tarver BY REPRESENTATIVE MCCAIN Dardenne Jordan Theunissen AN ACT Dean Lambert Ullo To enact R.S. 15:242 and 578.1, relative to criminal procedure; to Total—36 provide that the record of the arrest and the placement of a person NAYS in a pretrial diversion program arrested for driving while intoxicated become public record; and to provide for related Cain Hainkel Irons matters. Total—3 ABSENT The bill was read by title. Senator Jordan moved the final passage of the bill. Total—0 ROLL CALL The Chair declared the amended bill was passed. The title was read and adopted. Senator Heitmeier moved to reconsider the vote by The roll was called with the following result: which the bill was passed and laid the motion on the table. YEAS Called from the Calendar Mr. President Ellington Landry Senator Jordan asked that House Bill No. 284 be called from the Bagneris Fields Lentini Calendar at this time for its final passage. Bajoie Greene Malone Barham Guidry Robichaux HOUSE BILL NO. 284— Branch Hainkel Romero BY REPRESENTATIVE MCCAIN Cain Heitmeier Schedler AN ACT Campbell Hines Short To amend and reenact R.S. 9:315.12, relative to the guidelines for the Casanova Hollis Siracusa determination of child support; to require the Department of Social Cox Irons Smith Services and the Louisiana District Attorneys Association to assist Cravins Johnson Tarver the legislature in the federally mandated periodic review thereof; Dardenne Jones Theunissen and to provide for related matters. Dean Jordan Ullo Dyess Lambert The bill was read by title. Senator Jordan moved the final passage Total—38 of the bill. NAYS ROLL CALL Total—0 ABSENT The roll was called with the following result: Bean YEAS Total—1 Mr. President Dyess Lambert The Chair declared the bill was passed. The title was read and Bagneris Ellington Landry adopted. Senator Jordan moved to reconsider the vote by which the bill Bajoie Fields Lentini was passed and laid the motion on the table. Barham Greene Malone Bean Guidry Robichaux Called from the Calendar Branch Hainkel Romero Cain Heitmeier Schedler Senator Jordan asked that House Bill No. 497 be called from the Campbell Hines Short Calendar at this time for its final passage. Casanova Hollis Siracusa Cox Irons Smith Cravins Johnson Tarver Dardenne Jones Theunissen Dean Jordan Ullo 47th DAY'S PROCEEDINGS Page 73 SENATE June 16, 1997

HOUSE BILL NO. 497— Branch Hainkel Romero BY REPRESENTATIVE MCCAIN Cain Heitmeier Schedler AN ACT Campbell Hines Short To amend and reenact R.S. 15:1174(2) and to enact R.S. 15:1171(D) Casanova Hollis Siracusa and 1177(B), all relative to the administrative remedy procedure Cox Irons Smith for prisoners; to provide with respect to status as an "offender"; to Cravins Johnson Tarver provide with respect to delivery of decisions on applications for Dardenne Jones Theunissen judicial review; and to provide for related matters. Dean Jordan Ullo Total—39 The bill was read by title. Senator Jordan moved the final passage NAYS of the bill. Total—0 ROLL CALL ABSENT The roll was called with the following result: Total—0 YEAS The Chair declared the bill was passed. The title was read and adopted. Senator Dardenne moved to reconsider the vote by which the Mr. President Dyess Lambert bill was passed and laid the motion on the table. Bagneris Ellington Landry Bajoie Fields Lentini Called from the Calendar Barham Greene Malone Bean Guidry Robichaux Senator Cox asked that House Bill No. 637 be called from the Branch Hainkel Romero Calendar at this time for its final passage. Cain Heitmeier Schedler Campbell Hines Short HOUSE BILL NO. 637— Casanova Hollis Siracusa BY REPRESENTATIVE BRUNEAU Cox Irons Smith AN ACT Cravins Johnson Tarver To amend and reenact Code of Civil Procedure Art. 1672(A), relative Dardenne Jones Theunissen to the dismissal of civil actions; to authorize the trial judge to Dean Jordan Ullo dismiss an action for failure of the parties to appear at trial; and to Total—39 provide for related matters. NAYS Floor Amendments Sent Up Total—0 ABSENT Senator Cox sent up floor amendments which were read. Total—0 SENATE FLOOR AMENDMENTS The Chair declared the bill was passed. The title was read and Amendments proposed by Senator Cox to Reengrossed House Bill No. adopted. Senator Jordan moved to reconsider the vote by which the bill 637 by Representative Bruneau was passed and laid the motion on the table. AMENDMENT NO. 1 Called from the Calendar On page 1, line 16, after "trial" insert the following: Senator Dardenne asked that House Bill No. 498 be called from "; however, where a case has been dismissed pursuant to this the Calendar at this time for its final passage. provision and it is claimed that there is a pending settlement, either party may reinstate the suit within 60 days of receipt of the notice HOUSE BILL NO. 498— of dismissal, and any cause of action which had not prescribed BY REPRESENTATIVE MCCAIN when the case was originally filed shall be fully reinstated as AN ACT though the case had never been dismissed" To enact R.S. 15:1178 and 1179, relative to the administrative remedy procedure for complaints and grievances filed by prisoners; to On motion of Senator Cox, the amendments were adopted. provide for pretrial screening of applications for judicial review arising out of that procedure; to provide for service of process in The bill was read by title. Senator Cox moved final passage of the those applications; and to provide for related matters. amended bill. The bill was read by title. Senator Dardenne moved the final passage of the bill. ROLL CALL The roll was called with the following result: ROLL CALL YEAS The roll was called with the following result: Mr. President Dyess Landry YEAS Bagneris Ellington Lentini Bajoie Fields Malone Mr. President Dyess Lambert Barham Greene Robichaux Bagneris Ellington Landry Bean Guidry Romero Bajoie Fields Lentini Branch Hainkel Schedler Barham Greene Malone Cain Heitmeier Short Bean Guidry Robichaux Page 74 SENATE 47th DAY'S PROCEEDINGS June 16, 1997

Campbell Hines Siracusa HOUSE BILL NO. 1392— Casanova Hollis Smith BY REPRESENTATIVE RIDDLE Cox Irons Tarver AN ACT Cravins Johnson Theunissen To amend and reenact R.S. 9:374(B), relative to community property; Dardenne Jones Ullo to authorize the court to award to one spouse the possession and Dean Jordan use of the community family home and other community property Total—38 subsequent to filing a petition for separation of property during the NAYS marriage; and to provide for related matters. Total—0 The bill was read by title. Senator Landry moved the final passage ABSENT of the bill. Lambert ROLL CALL Total—1 The roll was called with the following result: The Chair declared the amended bill was passed. The title was read and adopted. Senator Cox moved to reconsider the vote by which YEAS the bill was passed and laid the motion on the table. Mr. President Dyess Landry Called from the Calendar Bagneris Ellington Lentini Bajoie Fields Malone Senator Landry asked that House Bill No. 41 be called from the Barham Greene Robichaux Calendar at this time for its final passage. Bean Guidry Romero Branch Hainkel Schedler HOUSE BILL NO. 41— Cain Heitmeier Short BY REPRESENTATIVES RIDDLE AND FRITH Campbell Hines Siracusa AN ACT Casanova Hollis Smith To amend and reenact R.S. 9:315.13, relative to the guidelines for the Cox Irons Tarver determination of child support; to provide for allocation of the Cravins Johnson Theunissen federal and state tax dependency deductions in certain cases; and Dardenne Jones Ullo to provide for related matters. Dean Jordan Total—38 The bill was read by title. Senator Landry moved the final passage NAYS of the bill. Total—0 ROLL CALL ABSENT The roll was called with the following result: Lambert Total—1 YEAS The Chair declared the bill was passed. The title was read and Mr. President Dyess Lambert adopted. Senator Landry moved to reconsider the vote by which the bill Bagneris Ellington Landry was passed and laid the motion on the table. Bajoie Fields Lentini Barham Greene Malone Called from the Calendar Bean Guidry Robichaux Branch Hainkel Romero Senator Short asked that House Bill No. 600 be called from the Cain Heitmeier Schedler Calendar at this time for its final passage. Campbell Hines Short Casanova Hollis Siracusa HOUSE BILL NO. 600— Cox Irons Smith BY REPRESENTATIVES DOWNER, ANSARDI, BRUNEAU, DONELON, GREEN, LANCASTER, AND MCMAINS AND SENATORS BEAN AND SHORT Cravins Johnson Tarver AN ACT Dardenne Jones Theunissen To enact Part XXIV-B of Chapter 5 of Title 40 of the Louisiana Dean Jordan Ullo Revised Statutes of 1950, to be comprised of R.S. 40:1299.60 Total—39 through 1299.64, relative to declarations concerning life-sustaining NAYS procedures; to enact the Military Advance Medical Directives Act; and to provide for related matters. Total—0 ABSENT The bill was read by title. Senator Short moved the final passage of the bill. Total—0 The Chair declared the bill was passed. The title was read and ROLL CALL adopted. Senator Landry moved to reconsider the vote by which the bill was passed and laid the motion on the table. The roll was called with the following result: Called from the Calendar YEAS Mr. President Dyess Landry Senator Landry asked that House Bill No. 1392 be called from the Bagneris Ellington Lentini Calendar at this time for its final passage. Bajoie Fields Malone 47th DAY'S PROCEEDINGS Page 75 SENATE June 16, 1997

Barham Greene Robichaux "The Commissioner may not approve a reorganization of an Bean Guidry Romero insurer pursuant to R.S. 22:820 unless, with respect to such Branch Hainkel Schedler reorganization, an opinion has been obtained from an actuarial firm Cain Heitmeier Short employing or associated with more than fifty actuaries who are Campbell Hines Siracusa members of the American Academy of Actuaries attesting that the Casanova Hollis Smith reorganization of the insurer does not unfairly enrich the officers Cox Irons Tarver and directors of the reorganizing insurer. Cravins Johnson Theunissen Dardenne Jones Ullo AMENDMENT NO. 2 Dean Jordan On page 12, line 1, between "R.S. 22:1004.4." and "No" insert the Total—38 following: NAYS "Except with respect to stock issued directly or indirectly for Total—0 ownership by the Mutual Insurance Holding Company, the ABSENT reorganized insurance company or the intermediate holding company shall, prior to the initial issuance of stock, obtain a Lambert fairness opinion with respect to the value of the stock to be issued Total—1 from an investment banking organization with experience and established credentials in the evaluation of insurance The Chair declared the bill was passed. The title was read and organizations." adopted. Senator Short moved to reconsider the vote by which the bill was passed and laid the motion on the table. AMENDMENT NO. 3 On page 12, after line 11, insert the following: Called from the Calendar "Section 2. The provisions of this Act shall not apply to any Senator Lentini asked that House Bill No. 1810 be called from the association subject to R.S. 22:1661." Calendar at this time for its final passage. Motion HOUSE BILL NO. 1810— BY REPRESENTATIVES DONELON, ANSARDI, CHAISSON, JOHNS, Senator Heitmeier moved for a division of the question on the MARTINY, MCMAINS, MICHOT, MONTGOMERY, PIERRE, JACK SMITH, STELLY, WINDHORST, AND BAYLOR AND SENATORS LENTINI, BEAN, above floor amendments. CRAVINS, HEITMEIER, HINES, AND TARVER AN ACT Without objection, the division of the question was ordered. To enact Part XVII-A of Chapter 1 of Title 22 of the Louisiana Revised Statutes of 1950, to be comprised of R.S. 22:820 and 821 and R.S. Senator Lentini moved the adoption of Amendments No. 1 and 2. 22:1004.1 through 1004.8, relative to domestic mutual insurance companies; to permit the conversion of the corporate status of Without objection, Amendments No. 1 and 2 were adopted. domestic insurers; to provide certain criteria, including the prior approval of the commissioner of insurance and certain Senator Lentini moved the adoption of Amendments No. 3. policyholders; to permit the domestic mutual company to convert to an intermediate holding company and mutual insurance holding Senator Heitmeier objected. company; to provide delineated authority of the commissioner for the intermediate and mutual holding companies; to provide that the ROLL CALL mutual insurance holding company and the intermediate holding company not to be considered engaging in the business of The roll was called with the following result: insurance; to provide certain definitions; to provide certain participation by the holding company in certain insurer's YEAS delinquency proceedings; to provide that a majority of the voting shares of the capital stock of the reorganized companies will be Mr. President Dean Landry held by the mutual insurance holding company; to exempt Bajoie Greene Lentini membership interests in the domestic mutual insurance holding Casanova Hines Robichaux company from the requirements of securities law; to provide Cox Irons Schedler majority ownership of the mutual insurance holding company to Cravins Johnson Theunissen the intermediate holding company; to provide that a good faith lack Dardenne Jordan of compliance with the notice requirements would not impair the Total—17 conversion; and to provide for related matters. NAYS Floor Amendments Sent Up Barham Ellington Malone Bean Fields Short Senator Lentini sent up floor amendments which were read. Branch Guidry Siracusa Cain Heitmeier Smith SENATE FLOOR AMENDMENTS Campbell Hollis Tarver Dyess Jones Ullo Amendments proposed by Senator Lentini to Engrossed House Bill No. Total—18 1810 by Representative Donelon ABSENT AMENDMENT NO. 1 Bagneris Lambert On page 5, line 11, between "interests." and "The" insert the following: Hainkel Romero Total—4 Page 76 SENATE 47th DAY'S PROCEEDINGS June 16, 1997

The Chair declared Amendment No. 3 was rejected. collector" or "collection agency" and "client", "Louisiana client" or "customer"; to provide for investigations and proceedings and On motion of Senator Lentini, the amended bill was read by title powers of the commissioner; to provide relative to licensing and and returned to the Calendar, subject to call. penalties; to delete references to the attorney general as being able to initiate investigations; to provide relative to licensing fees and Called from the Calendar branch office certificates, trust fund accounts, and administrative hearings; to provide relative to operating a collection agency Senator Hollis asked that House Bill No. 1240 be called from the without a license; and to provide for related matters. Calendar at this time for its final passage. Floor Amendments Sent Up HOUSE BILL NO. 1240— BY REPRESENTATIVES TRAVIS, DOWNER, AND DEWITT Senator Heitmeier sent up floor amendments which were read. AN ACT To amend and reenact R.S. 51:2461(A) and (B), relative to the SENATE FLOOR AMENDMENTS Louisiana Quality Jobs Program Act; to extend the date by which the Department of Economic Development shall submit a report Amendments proposed by Senator Heitmeier to Reengrossed House Bill regarding fiscal impact and new jobs created under the Louisiana No. 2310 by Representative Travis Quality Jobs Program Act; to extend the date beyond which no new applications to receive tax credits shall be approved; and to AMENDMENT NO. 1 provide for related matters. On page 8, line 3, after "client." and before "Within" insert the following: The bill was read by title. Senator Hollis moved the final passage of the bill. "A licensee may transfer monies into an interest bearing account until such time the monies are remitted to the client." ROLL CALL AMENDMENT NO. 2 The roll was called with the following result: On page 8, between lines 17 and 18, insert the following: YEAS "(3) Notwithstanding the provisions of Subsections D and E of this Section or any other law to the contrary, in lieu of a bank account Mr. President Dyess Landry insured by the Federal Deposit Insurance Corporation or the National Bagneris Ellington Lentini Credit Union Administration, a licensee may transfer client funds to a Bajoie Fields Malone money market mutual fund account provided such fund invests Barham Greene Robichaux exclusively in a portfolio of short-term marketable securities which are Bean Guidry Romero direct obligations of the U. S. Government, its agencies or Branch Hainkel Schedler instrumentalities, which are backed by the full faith and credit of the Cain Heitmeier Short United States, and in repurchase agreements pertaining to such Campbell Hines Siracusa securities, provided the licensee maintains in its client trust account and Casanova Hollis Smith money market mutual fund account one and one-half times the total Cox Irons Tarver amount due its clients. Client funds shall not be commingled with any Cravins Johnson Theunissen other licensee monies." Dardenne Jones Ullo Dean Jordan Motion Total—38 NAYS Senator Guidry moved to table the amendment. Total—0 Senator Heitmeier objected. ABSENT Lambert ROLL CALL Total—1 The roll was called with the following result: The Chair declared the bill was passed. The title was read and adopted. Senator Hollis moved to reconsider the vote by which the bill YEAS was passed and laid the motion on the table. Casanova Guidry Malone Cravins Irons Robichaux Called from the Calendar Dean Jones Ullo Fields Jordan Senator Hollis asked that House Bill No. 2310 be called from the Total—11 Calendar at this time for its final passage. NAYS HOUSE BILL NO. 2310 (Substitute for House Bill No. 1122 by Bajoie Ellington Lentini Representative Travis)— Barham Greene Schedler BY REPRESENTATIVE TRAVIS AN ACT Bean Hainkel Short To amend and reenact R.S. 9:3576.3(2)(a)(introductory paragraph) and Branch Heitmeier Siracusa (4), 3576.5(A), 3576.9(C)(2), 3576.10(B), 3576.11(B), 3576.14, Cain Hines Smith 3576.15(B) and (C), 3576.18(A), 3576.21(K), and 3576.22(B), Cox Hollis Tarver to enact R.S. 9:3576.5(C) and (D) and 3576.18(G), and to repeal Dardenne Johnson Theunissen R.S. 9:3576.17(C) through (F), relative to the Collection Agency Dyess Landry Regulation Act; to provide relative to the definition of "debt Total—23 47th DAY'S PROCEEDINGS Page 77 SENATE June 16, 1997

ABSENT Fields Jones Total—10 Mr. President Campbell Romero ABSENT Bagneris Lambert Total—5 Bajoie Cravins Romero Campbell Lambert Tarver The Chair declared the Senate refused to table the amendment. Total—6 Motion The Chair declared the amendments were adopted. Senator Hainkel moved the previous question on the entire subject The bill was read by title. Senator Hollis moved final passage of matter. the amended bill. Senator Heitmeier objected. ROLL CALL ROLL CALL The roll was called with the following result: The roll was called with the following result: YEAS YEAS Mr. President Ellington Robichaux Bagneris Greene Romero Barham Dean Lentini Barham Hainkel Schedler Bean Dyess Schedler Bean Heitmeier Short Branch Ellington Short Branch Hines Siracusa Cain Greene Siracusa Cain Hollis Smith Campbell Hainkel Smith Campbell Johnson Theunissen Casanova Heitmeier Tarver Casanova Jordan Ullo Cox Hollis Theunissen Dardenne Lentini Dardenne Jordan Dyess Malone Total—23 Total—28 NAYS NAYS Bagneris Guidry Jones Cox Guidry Landry Bajoie Hines Landry Dean Irons Cravins Irons Robichaux Fields Jones Fields Johnson Ullo Total—7 Total—12 ABSENT ABSENT Bajoie Lambert Mr. President Malone Cravins Tarver Lambert Romero Total—4 Total—4 The Chair declared the amended bill was passed. The title was The Chair declared the previous question was called on the entire read and adopted. Senator Hollis moved to reconsider the vote by which subject matter. the bill was passed and laid the motion on the table. Senator Heitmeier moved adoption of the amendments. Called from the Calendar Senator Guidry objected. Senator Johnson asked that House Bill No. 1337 be called from the Calendar at this time for its final passage. ROLL CALL HOUSE BILL NO. 1337— BY REPRESENTATIVES ANSARDI, DONELON, DOWNER, BAYLOR, The roll was called with the following result: CLARKSON, DUPRE, PIERRE, PRATT, QUEZAIRE, ROUSSELLE, WESTON, WILLARD-LEWIS, WINSTON, AND WRIGHT YEAS AN ACT To amend and reenact the title of Chapter 18 of Title 25 of the Mr. President Ellington Malone Louisiana Revised Statutes of 1950 and R.S. 25:851 and 856, to Bagneris Greene Schedler rename the "Louisiana Military History and State Weapons Barham Hainkel Short Museum" as the "Ansel M. Stroud, Jr. Military History and Bean Heitmeier Siracusa Weapons Museum"; and to provide for related matters. Branch Hollis Smith Casanova Johnson Theunissen The bill was read by title. Senator Johnson moved the final Dardenne Jordan Ullo passage of the bill. Dyess Lentini Total—23 ROLL CALL NAYS The roll was called with the following result: Cain Guidry Landry Cox Hines Robichaux YEAS Dean Irons Page 78 SENATE 47th DAY'S PROCEEDINGS June 16, 1997

Mr. President Dyess Jordan Called from the Calendar Bagneris Ellington Lentini Bajoie Fields Malone Senator Cox asked that House Bill No. 78 be called from the Barham Greene Robichaux Calendar at this time for its final passage. Bean Guidry Romero Branch Hainkel Schedler HOUSE BILL NO. 78— Cain Heitmeier Siracusa BY REPRESENTATIVE ILES Campbell Hines Smith AN ACT Casanova Hollis Tarver To enact R.S. 15:538(C), relative to probation and parole for sexual Cox Irons Theunissen offenders; to require as a condition of probation or parole Dardenne Johnson Ullo medroxyprogesterone acetate treatment for certain sexual Dean Jones offenders; and to provide for related matters. Total—35 NAYS Floor Amendments Sent Up Landry Senator Cox sent up floor amendments which were read. Total—1 ABSENT SENATE FLOOR AMENDMENTS Cravins Lambert Short Amendments proposed by Senator Cox to Reengrossed House Bill No. Total—3 78 by Representative Iles The Chair declared the bill was passed. The title was read and AMENDMENT NO. 1 adopted. Senator Johnson moved to reconsider the vote by which the On page 1, line 2, delete "probation and parole for" bill was passed and laid the motion on the table. AMENDMENT NO. 2 Called from the Calendar On page 1, line 3, change "require" to "provide" and change "or parole" to ", parole, and suspension or diminution of sentence" Senator Hainkel asked that House Bill No. 688 be called from the Calendar at this time for its final passage. AMENDMENT NO. 3 On page 1, line 8, between "suspension" and "of" insert "or diminution" HOUSE BILL NO. 688— BY REPRESENTATIVE STELLY AMENDMENT NO. 4 AN ACT On page 1, at the end of line 10, add "who is twelve years old or To amend and reenact R.S. 22:671(A), relative to automobile insurance; younger" to provide for certain conditions for automobile insurance for loaner vehicles; and to provide for related matters. AMENDMENT NO. 5 On page 1, line 11, delete "R.S. 14:41," The bill was read by title. Senator Hainkel moved the final passage of the bill. AMENDMENT NO. 6 On page 1, line 14, between "sentence" and "unless" insert "or ROLL CALL diminution of sentence if imposed as a condition by the sentencing court pursuant to R.S. 15:537," The roll was called with the following result: AMENDMENT NO. 7 YEAS On page 1, line 15, between "undergoes" and "medroxyprogesterone" insert the following: Mr. President Ellington Landry Bagneris Fields Lentini "a treatment plan based upon a mental health evaluation which Bajoie Greene Malone plan shall effectively deter recidivist sexual offenses by the Barham Guidry Robichaux offender, thereby reducing risk of reincarceration of the offender Branch Hainkel Romero and increasing safety of the public, and under which the offender Cain Heitmeier Schedler may reenter society. Campbell Hines Short (a) "Mental health evaluation", as used in this Subsection, means Casanova Hollis Siracusa an examination by a qualified mental health professional with Cox Irons Smith experience in treating sexual offenders. Dardenne Johnson Tarver (b) The treatment plan may include: Dean Jones Theunissen (i) The utilization of" Dyess Jordan Ullo Total—36 AMENDMENT NO. 8 NAYS On page 1, line 16, after "equivalent" delete the remainder of the line and insert the following: Total—0 ", as a preferred method of treatment. ABSENT (ii) A component of defined behavioral intervention if the evaluating qualified mental health professional determines that is Bean Cravins Lambert appropriate for the offender. Total—3 (c)" The Chair declared the bill was passed. The title was read and AMENDMENT NO. 9 adopted. Senator Hainkel moved to reconsider the vote by which the bill On page 2, line 1, between "suspension" and "of" insert "or diminution" was passed and laid the motion on the table. 47th DAY'S PROCEEDINGS Page 79 SENATE June 16, 1997

AMENDMENT NO. 10 Barham Greene Robichaux On page 2, delete lines 3 through 8, and insert the following: Bean Guidry Schedler Branch Hainkel Short "(2)(a) If on probation or parole or subject to a sentence that has Cain Heitmeier Siracusa been suspended, the offender shall begin medroxyprogesterone Campbell Hines Smith acetate, or chemically equivalent, treatment as ordered by the Casanova Hollis Tarver court. Cox Johnson Theunissen (b) If medroxyprogesterone acetate, or chemically equivalent, Dardenne Jones Ullo treatment is part of an incarcerated offender's treatment plan, the Dean Jordan offender shall begin such treatment six weeks prior to release. Total—32 (c) The offender shall continue treatments during incarceration and NAYS any suspended sentence, probation, or parole, unless it is determined that the treatment is no longer necessary." Fields Landry Total—2 AMENDMENT NO. 11 ABSENT On page 2, line 12, between "acetate" and "therapy" insert ", or chemical equivalent," Mr. President Irons Romero Cravins Lambert AMENDMENT NO. 12 Total—5 On page 2, between lines 16 and 17, insert the following: The Chair declared the previous question was called on the entire "(5) The offender shall be responsible for the costs of the subject matter. evaluation, the treatment plan, and the treatment. (6)(a) Chemical treatment pursuant to this Subsection shall be Senator Jones moved adoption of the amendments. administered by the state through a licensed medical practitioner. (b) Any physician or qualified mental health professional who acts Senator Cox objected. in good faith in compliance with this Subsection in the administration of treatment shall be immune from civil or criminal ROLL CALL liability for his actions in connection with such treatment. (7) Failure to continue or complete treatment pursuant to this The roll was called with the following result: Subsection shall be a ground for revocation of probation, parole, or suspension of sentence. Good time earned may be forfeited YEAS pursuant to R.S. 15:571.3." Bagneris Guidry Jones AMENDMENT NO. 13 Bajoie Hainkel Robichaux On page 2, line 17, change "(5)" to "(8)" Bean Heitmeier Tarver Cravins Hines Ullo On motion of Senator Cox, the amendments were adopted. Fields Johnson Total—14 Floor Amendments Sent Up NAYS Senator Jones sent up floor amendments which were read. Mr. President Dardenne Lentini Barham Dean Malone SENATE FLOOR AMENDMENTS Branch Dyess Schedler Cain Ellington Short Amendments proposed by Senator Jones to Reengrossed House Bill No. Campbell Greene Siracusa 78 by Representative Iles Casanova Hollis Smith Cox Jordan Theunissen AMENDMENT NO. 1 Total—21 On page 2, after line 19, insert the following: ABSENT "(6) Any performance of medroxyprogesterone acetate treatment Irons Landry or its chemical equivalent shall be approved by the Supreme Court Lambert Romero of Louisiana." Total—4 Motion The Chair declared the amendments were rejected. Senator Bean moved the previous question on the entire subject The bill was read by title. Senator Cox moved the final passage of matter. the amended bill. Senator Fields objected. ROLL CALL ROLL CALL The roll was called with the following result: The roll was called with the following result: YEAS YEAS Mr. President Dyess Lentini Bagneris Ellington Malone Bagneris Dyess Lentini Barham Fields Robichaux Bajoie Ellington Malone Bean Greene Schedler Page 80 SENATE 47th DAY'S PROCEEDINGS June 16, 1997

Branch Hainkel Short Called from the Calendar Cain Heitmeier Siracusa Campbell Hines Smith Senator Fields asked that House Bill No. 1360 be called from the Casanova Hollis Tarver Calendar at this time for its final passage. Cox Irons Theunissen Dardenne Johnson Ullo HOUSE BILL NO. 1360— Dean Jordan BY REPRESENTATIVE TRAVIS Total—32 AN ACT NAYS To authorize and empower the Department of Public Safety and Corrections to transfer title to certain property located in East Jones Feliciana Parish to the East Feliciana Parish Fire Protection Total—1 District; and to provide for related matters. ABSENT The bill was read by title. Senator Fields moved the final passage Bajoie Guidry Landry of the bill. Cravins Lambert Romero Total—6 ROLL CALL The Chair declared the amended bill was passed. The title was The roll was called with the following result: read and adopted. Senator Cox moved to reconsider the vote by which the bill was passed and laid the motion on the table. YEAS Called from the Calendar Bagneris Dyess Jordan Bajoie Ellington Landry Senator Fields asked that House Bill No. 1100 be called from the Barham Fields Lentini Calendar at this time for its final passage. Bean Greene Malone Branch Guidry Robichaux HOUSE BILL NO. 1100— Cain Hainkel Schedler BY REPRESENTATIVE TRAVIS Campbell Heitmeier Short AN ACT Casanova Hines Siracusa To authorize and provide for the transfer or lease of certain state Cox Hollis Smith property to the town of St. Francisville from the Department of Cravins Irons Tarver Health and Hospitals; to provide terms and conditions; and to Dardenne Johnson Theunissen provide for related matters. Dean Jones Ullo Total—36 The bill was read by title. Senator Fields moved the final passage NAYS of the bill. Total—0 ROLL CALL ABSENT The roll was called with the following result: Mr. President Lambert Romero Total—3 YEAS The Chair declared the bill was passed. The title was read and Mr. President Dyess Jordan adopted. Senator Fields moved to reconsider the vote by which the bill Bagneris Ellington Landry was passed and laid the motion on the table. Bajoie Fields Lentini Barham Greene Malone Rules Suspended Branch Guidry Robichaux Cain Hainkel Schedler Senator Bagneris asked for and obtained a suspension of the rules Campbell Heitmeier Short for the purpose of reverting to the Morning Hour. Casanova Hines Siracusa Cox Hollis Smith Cravins Irons Tarver Messages from the House Dardenne Johnson Theunissen The following Messages from the House were received and read Dean Jones Ullo as follows: Total—36 NAYS Message from the House Total—0 ABSENT PASSED SENATE BILLS AND JOINT RESOLUTIONS Bean Lambert Romero Total—3 June 16, 1997 The Chair declared the bill was passed. The title was read and To the Honorable President and Members of the Senate: adopted. Senator Fields moved to reconsider the vote by which the bill was passed and laid the motion on the table. I am directed to inform your honorable body that the House of Representatives has finally passed the following Senate Bills and Joint Resolutions: 47th DAY'S PROCEEDINGS Page 81 SENATE June 16, 1997

SENATE BILL NO. 1351— Bean Guidry Robichaux BY SENATORS HINES AND ROBICHAUX Branch Hainkel Schedler AN ACT Cain Heitmeier Short To enact 46:460.4, relative to public assistance; to provide for a six Casanova Hines Siracusa month disregard of certain earnings of certain persons; and to Cox Hollis Smith provide for related matters. Cravins Irons Tarver Dardenne Johnson Theunissen Reported without amendments. Dean Jones Ullo Total—36 SENATE BILL NO. 1364— NAYS BY SENATOR BAJOIE AND REPRESENTATIVES JETSON, PRATT, RIDDLE AND WILKERSON AN ACT Total—0 To enact R.S. 46:460.4, relative to welfare reform; to continue the ABSENT state's commitment to provide educational opportunities to promote the self-sufficiency of welfare recipients; and to provide for related Campbell Lambert Romero matters. Total—3 Reported without amendments. The Chair declared the Senate had adopted the Senate Concurrent Resolution and ordered it sent to the House. SENATE BILL NO. 549— BY SENATORS HAINKEL, DARDENNE, EWING AND ROMERO SENATE CONCURRENT RESOLUTION NO. 151— AN ACT BY SENATORS JOHNSON, BAGNERIS, FIELDS AND GREENE To enact R.S. 56:303.8, relative to the granting of licenses; to presume A CONCURRENT RESOLUTION the possession of fish for commercial purposes only; and to To urge and request the Joint Legislative Committee on Federal Oil provide for related matters. Overcharge Monies to consider using funds for weatherization services for low-income persons. Reported without amendments. The resolution was read by title. Senator Johnson moved to adopt SENATE BILL NO. 934— the Senate Concurrent Resolution. BY SENATORS ELLINGTON AND SCHEDLER AN ACT ROLL CALL To amend and reenact R.S. 46:1074, relative to hospital service districts; to authorize the hospital service district commission to sell and The roll was called with the following result: convey certain immovable property; to provide for certain requirements prior to the sale and conveyance; to provide for YEAS exemption; and to provide for related matters. Mr. President Dyess Landry Reported without amendments. Bagneris Ellington Lentini Bajoie Fields Malone Respectfully submitted, Barham Greene Robichaux ALFRED W. SPEER Bean Guidry Schedler Clerk of the House of Representatives Branch Hainkel Siracusa Cain Heitmeier Smith Introduction of Campbell Hines Tarver Senate Concurrent Resolutions Casanova Irons Theunissen Cox Johnson Ullo Senator Bagneris asked for and obtained a suspension of the rules Dardenne Jones for the purpose of introducing and reading the following Senate Dean Jordan Concurrent Resolutions a first and second time and acting upon them Total—34 as follows: NAYS SENATE CONCURRENT RESOLUTION NO. 150— Total—0 BY SENATOR BAJOIE AND REPRESENTATIVE BRUNEAU ABSENT A CONCURRENT RESOLUTION To urge and request the Judicial Compensation Commission to include Cravins Lambert Short salaries payable to commissioners of district courts in its study of Hollis Romero judicial salaries. Total—5 The resolution was read by title. Senator Bajoie moved to adopt The Chair declared the Senate had adopted the Senate Concurrent the Senate Concurrent Resolution. Resolution and ordered it sent to the House. ROLL CALL Reports of Committees The roll was called with the following result: The following reports of committees were received and read: YEAS SUPPLEMENTAL REPORT OF COMMITTEE ON Mr. President Dyess Jordan REVENUE AND FISCAL AFFAIRS Bagneris Ellington Landry Bajoie Fields Lentini Barham Greene Malone Page 82 SENATE 47th DAY'S PROCEEDINGS June 16, 1997

Senator Barham, Chairman on behalf of the Committee on improvements; to provide for the financing thereof making Revenue and Fiscal Affairs, submitted the following report: appropriations from certain sources; and to provide for related matters. June 16, 1997 Reported with amendments by the Committee on Revenue and To the President and Members of the Senate: Fiscal Affairs.

I am directed by your Committee on Revenue and Fiscal Affairs to SENATE COMMITTEE AMENDMENTS submit the following report: Amendments proposed by Senate Committee on Revenue and Fiscal HOUSE BILL NO. 2— Affairs to Re-Reengrossed House Bill No. 2 by Representative Alario BY REPRESENTATIVES ALARIO, LEBLANC, AND DOWNER AND SENATORS BARHAM AND HAINKEL AN ACT AMENDMENT NO. 1 To provide with respect to the capital outlay budget and the capital Delete Senate Committee Amendment No. 1, proposed by the Senate outlay program for state government, state institutions, and other Committee on Finance and adopted by the Senate on June 16, 1997, public entities; to provide for the designation of projects and and in the bill, on page 8, delete lines 7 through 12, and insert the improvements; to provide for the financing thereof making following: appropriations from certain sources; and to provide for related matters. "Payable from State General Fund (Direct) $2,695,000 Payable from Federal Funds $5,000,000 Reported with amendments. Payable from General Obligation Bonds Priority 1 $4,800,000 Respectfully submitted, Priority 5 $32,475,000 ROBERT J. BARHAM Total $44,970,000" Chairman AMENDMENT NO. 2 REPORT OF COMMITTEE ON On page 8, delete lines 29 through 30, and insert the following: "Priority 2 $5,115,000 REVENUE AND FISCAL AFFAIRS Total $6,315,000" Senator Barham, Chairman on behalf of the Committee on AMENDMENT NO. 3 Revenue and Fiscal Affairs, submitted the following report: On page 9, delete lines 13 through 18, and insert the following: June 16, 1997 "Priority 1 $925,000" To the President and Members of the Senate: AMENDMENT NO. 4 In Senate Committee Amendment No. 4, proposed by the Senate I am directed by your Committee on Revenue and Fiscal Affairs to Committee on Finance and adopted by the Senate on June 16, 1997, on submit the following report: page 1, line 18, change "Priority 2" to "Priority 5" HOUSE BILL NO. 2273 — AMENDMENT NO. 5 BY REPRESENTATIVES DOWNER, LEBLANC, AND ALARIO AND SENATOR HAINKEL On page 9, after line 44, insert the following: AN ACT To amend Act No. 45 of the 1996 Regular Session of the Legislature, "(42) Roofing and Waterproofing and Related Repairs, relative to the capital outlay budget, by adding thereto a new and Equipment Replacement for State Buildings, section; to provide for certain additional appropriations; to amend Planning and Construction certain appropriations; and to provide for related matters. (Statewide) Payable from General Obligation Bonds Reported favorably. Priority 5 $5,000,000" Respectfully submitted, AMENDMENT NO. 6 ROBERT J. BARHAM On page 10, delete lines 34 through 36, and insert the following: Chairman "Priority 3 $4,865,000" House Bills and Joint Resolutions AMENDMENT NO. 7 on Second Reading On page 11, delete line 35, and insert the following: Reported by Committees "Priority 2 $1,000,000 Senator Barham asked for and obtained a suspension of the rules Priority 5 $3,000,000 to take up at this time the following House Bills and Joint Resolutions Total $4,000,000" just reported by Committees. AMENDMENT NO. 8 HOUSE BILL NO. 2— On page 14, delete lines 6 through 9, and insert the following: BY REPRESENTATIVES ALARIO, LEBLANC, AND DOWNER AND SENATORS BARHAM AND HAINKEL AN ACT "prepayments on reimbursement contracts $460,000" To provide with respect to the capital outlay budget and the capital outlay program for state government, state institutions, and other AMENDMENT NO. 9 public entities; to provide for the designation of projects and On page 14, between lines 21 and 22, insert the following: 47th DAY'S PROCEEDINGS Page 83 SENATE June 16, 1997

"(58) Tunica Hills State Preservation Area Development, On page 18, between lines 13 and 14, insert the following: Planning and Construction - Trails and Interpretive Center "(116) LA 87 At Spur & LA 182 (LA 87) (West Feliciana) Construction, Right of Way, and Priority 2 $140,000 Utilities Planning And Construction Priority 5 $1,625,000 (Iberia) Total $1,765,000" Payable from General Obligation Bonds Priority 2 $300,000" AMENDMENT NO. 10 On page 15, between lines 29 and 30, insert the following: AMENDMENT NO. 17 Delete Senate Committee Amendment No. 8, proposed by the Senate "06/266 OFFICE OF FILM AND VIDEO Committee on Finance and adopted by the Senate on June 16, 1997, and in the bill, on page 18, between lines 13 and 14, insert the ( ) Louisiana Movie Production Studio following: Planning, Design, Site Preparation and Construction (East Baton Rouge) "(115) DeRidder By-Pass (LA 3226) Payable from General Obligation Bonds Construction, Right of Way, and Utilities Priority 2 $500,000 (Beauregard) Priority 3 $5,950,000 Payable from State General Fund (Direct) $50,000 Total $6,450,000 Payable from General Obligation Bonds Priority 2 $1,000,000 The capital outlay budget request for this project was submitted after the Total $1,050,000" November 1st deadline, but it has been recommended by the Joint Legislative Committee on Capital Outlay pursuant to the provisions of AMENDMENT NO. 18 R. S. 39:112." On page 18, delete lines 47 through 48, and insert the following: AMENDMENT NO. 11 "Priority 2 $800,000 On page 15, between lines 35 and 36, insert the following: Total $1,900,000" "(77) New Orleans East Visitors AMENDMENT NO. 19 Center Expansion, Planning And On page 18, at the bottom of the page, insert the following: Construction (Orleans) "( ) Widening Pinhook Road (LA 182) Payable from General Obligation Bonds from Verot School Road (LA 339) to the Priority 2 $300,000" Youngsville Highway (LA 89) to Four Lanes, Engineering, Rights of Way, Utilities, AMENDMENT NO. 12 and Construction (Aymar Comeaux - JCT 89 Widen On page 16, delete lines 11 through 12, and insert the following: to Four Lanes) (Lafayette) "Priority 5 $1,500,000 Payable from General Obligation Bonds Total $3,350,000" Priority 2 $220,000 Priority 5 $220,000 AMENDMENT NO. 13 Total $440,000" On page 17, delete lines 14 through 16, and insert the following: AMENDMENT NO. 20 "(Ruston) (LA 146) (Lincoln); Act 658 On page 21, after line 45, insert the following: of 1984 for US 80" "(1505) Lower Atchafalaya Interim Flood Protection Study AMENDMENT NO. 14 (St. Mary) On page 17, delete line 35, and insert the following: Priority 2 $500,000" "Bypass (Beauregard); Act 1096 of AMENDMENT NO. 21 1995 for Drainage for Highway 7 On page 22, between lines 1 and 2, insert the following: at I-20 Overpass (Webster) $2,170,820" "(113) At Bancker Ferry New Bridge AMENDMENT NO. 15 (la 690) Construction, Right Of Way, Delete Senate Committee Amendment No. 7, proposed by the Senate and Utilities Planning And Construction Committee on Finance and adopted by the Senate on June 16, 1997, (Vermilion) and in the bill, on page 17, between lines 35 and 36, insert the Payable from General Obligation Bonds following: Priority 2 $250,000" "(100) Hickory Avenue (LA 3154) AMENDMENT NO. 22 Plan Redesign, Right of Way, Utilities, On page 24, delete lines 33 and 34, and insert the following: Drainage, and Construction (Jefferson) "Fund - Regular $4,100,000 Payable from State General Fund (Direct) $250,000 Payable from General Obligation Bonds Payable from General Obligation Bonds Priority 2 $500,000 Priority 5 $500,000 Total $10,600,000 Total $750,000" Provided, however, that the $500,000 in Priority 2 AMENDMENT NO. 16 funding shall be used for Equipment Upgrade Page 84 SENATE 47th DAY'S PROCEEDINGS June 16, 1997 at the Harry P. Williams Airport in Patterson." AMENDMENT NO. 31 On page 37, between lines 10 and 11, insert the following: AMENDMENT NO. 23 On page 24, delete line 40, and insert the following: "Tiger Stadium - Weight/ Dressing/Medical Area "Priority 1 $3,500,000 Renovation, Planning Priority 5 $1,500,000 and Construction Total $5,000,000" (East Baton Rouge) Payable from Revenue Bonds $750,000" AMENDMENT NO. 24 Delete Senate Committee Amendment No. 13, proposed by the Senate AMENDMENT NO. 32 Committee on Finance and adopted by the Senate on June 16, 1997, On page 42, delete line 19, and insert the following: and in the bill, on page 31, delete lines 28 through 33, and insert the following: "Priority 5 $1,590,000" "Payable from Fees and Self- AMENDMENT NO. 33 Generated Revenues $14,000,000 On page 42, line 35, insert the following: Payable from General Obligation Bonds Priority 5 $21,000,000 "Priority 5 $6,440,000" Total $35,000,000" AMENDMENT NO. 34 AMENDMENT NO. 25 On page 43, delete line 19, and insert the following: On page 35, between lines 5 and 6, insert the following: "Priority 5 $2,000,000" "(515) Replacement of Chilled Water Cooling System (Bossier) AMENDMENT NO. 35 Payable from General Obligation Bonds On page 44, between lines 11 and 12, insert the following: Priority 2 $60,000" "(665) Hale Hall Renovation, AMENDMENT NO. 26 Planning and Construction On page 35, between lines 5 and 6, insert the following: (Lincoln) Payable from General Obligation Bonds "(519) Buildup and Reroof Resident Living Building Priority 2 $170,000" (Bossier) Payable from General Obligation Bonds AMENDMENT NO. 36 Priority 2 $260,000" On page 45, between lines 34 and 35, insert the following: AMENDMENT NO. 27 "(681) Renovation to East and West Caspari Hall On page 35, between lines 5 and 6, insert the following: Planning and Construction (Natchitoches) "(521) Buildup and Reroof Lower Roof Payable from Reimbursement Bonds of the Activity Center Priority 2 $247,882" (Bossier) Payable from General Obligation Bonds AMENDMENT NO. 37 Priority 2 $70,000" On page 47, delete lines 12 through 19 AMENDMENT NO. 28 AMENDMENT NO. 38 On page 35, between lines 5 and 6, insert the following: Delete Senate Committee Amendment No. 18, proposed by the Senate Committee on Finance and adopted by the Senate on June 16, 1997, "(522) Repair of Streets and Parking Lot and in the bill, on page 47, delete lines 23 through 26, and insert the (Bossier) following: Payable from General Obligation Bonds Priority 2 $435,000" "Payable from Fees and Self- Generated Revenue $750,000 AMENDMENT NO. 29 Payable from General Obligation Bonds Delete Senate Committee Amendment No. 15, proposed by the Senate Priority 2 $610,000 Committee on Finance and adopted by the Senate on June 16, 1997, Priority 5 $1,230,000 and in the bill, on page 35, delete lines 11 through 16, and insert the Total $2,590,000" following: AMENDMENT NO. 39 "Payable from Federal Funds $65,250,000 Delete Senate Committee Amendment No. 19, proposed by the Senate Payable from General Obligation Bonds Committee on Finance and adopted by the Senate on June 16, 1997, Priority 2 $ 3,155,000 and in the bill, on page 48, between lines 15 and 16, insert the Priority 3 $10,000,000 following: Priority 5 $ 5,660,000 Total $84,065,000" "19/698 EDUCATIONAL SUPPORT SERVICES AMENDMENT NO. 30 ( ) Bunkie Youth Center Acquisitions, On page 36, delete lines 45 through 47, and insert the following: Renovations, and Major Repairs (Avoyelles) "Priority 5 $5,955,000" Payable from State General Fund (Direct) $467,600 47th DAY'S PROCEEDINGS Page 85 SENATE June 16, 1997

Payable from General Obligation Bonds Priority 3 $19,520,000 Priority 2 $500,000 Total $29,195,768" Total $967,600 AMENDMENT NO. 47 The capital outlay budget request for this project was submitted after the On page 50, delete lines 41 through 42, and insert the following: November 1st deadline, but it has been recommended by the Department of Economic Development pursuant to the provisions of R. "Payable from General Obligation Bonds S. 39:112." Priority 2 $2,200,000 Priority 5 $4,400,000" AMENDMENT NO. 40 On page 48, between lines 15 and 16, insert the following: AMENDMENT NO. 48 On page 51, between lines 27 and 28, insert the following: "19/657 LOUISIANA SCHOOL FOR MATH, SCIENCE, AND ARTS "36/L10 ORLEANS LEVEE DISTRICT (699) Replacement of Annex Building (1178) Orleans Levee District, New (Natchitoches) Police Station, Planning And Construction Payable from General Obligation Bonds (Orleans) Priority 3 $125,000" Payable from General Obligation Bonds Priority 2 $700,000" AMENDMENT NO. 41 Delete Senate Committee Amendment No. 21, proposed by the Senate AMENDMENT NO. 49 Committee on Finance and adopted by the Senate on June 16, 1997, On page 51, between lines 27 and 28, insert the following: and in the bill, on page 49, delete lines 6 through 9, and insert the following: "(1179) East Beach, Planning And Construction "Payable from General Obligation Bonds (Orleans) Priority 5 $2,765,000" Payable from General Obligation Bonds Priority 2 $500,000" AMENDMENT NO. 42 On page 49, delete lines 10 through 19 AMENDMENT NO. 50 Delete Senate Committee Amendment No. 24, proposed by the Senate AMENDMENT NO. 43 Committee on Finance and adopted by the Senate on June 16, 1997, On page 49, delete line 20, and insert the following: and in the bill, on page 51, between lines 32 and 33, insert the following: "19 /744 GULF AREA TECHNICAL INSTITUTE/COLLEGE" "36/L21 EAST JEFFERSON LEVEE DISTRICT AMENDMENT NO. 44 (786) Jefferson Lakefront Linear Park On page 49, between lines 27 and 28, insert the following: Improvements, Planning and Construction (Jefferson) "(750) Addition And Repair Of The Payable from State General Fund (Direct) $376,000 Collision Repair Technology Department, Payable from General Obligation Bonds Planning And Construction Priority 3 $3,140,000 (Vermilion) Priority 5 $1,000,000 Priority 2 $430,000" Total $4,516,000" AMENDMENT NO. 45 AMENDMENT NO. 51 On page 49, delete line 37, and insert the following: On page 53, delete lines 13 through 18, and insert the following: "Payable from State General Fund (Direct) $225,000 "Construction ($1,000,000 Local Match) Payable from General Obligation Bonds (St. Bernard) Priority 2 $165,000 Payable from General Obligation Bonds Total $390,000" Priority 2 $100,000 Priority 5 $900,000 AMENDMENT NO. 46 Total $1,000,000" Delete Senate Committee Amendment No. 22, proposed by the Senate Committee on Finance and adopted by the Senate on June 16, 1997, AMENDMENT NO. 52 and in the bill, on page 50, delete lines 28 through 36, and insert the On page 53, delete lines 27 through 28, and insert the following: following: "(1195) Warehouse Facilities, "(R)(34) 400 Royal Street Renovation, Planning and Construction Planning and Construction ($4,000,000 Local Match)" (Orleans) Payable from State General Fund (Direct) $2,000,000 AMENDMENT NO. 53 Payable from State General Fund On page 54, delete lines 12 through 16, and insert the following: previously appropriated to the Judiciary or interest earnings on such appropriations $4,675,768 "(1197) Marine Vessel Manufacturing Payable from General Obligation Bonds Complex, Planning and Construction Priority 1 $1,500,000 ($850,000 Local Match) Priority 2 $1,500,000 (St. Mary) Page 86 SENATE 47th DAY'S PROCEEDINGS June 16, 1997

Payable from General Obligation Bonds (852) Larose Civic Center Major Repairs, Priority 2 $850,000" Planning and Construction ($136,335 Non-State Match) AMENDMENT NO. 54 On page 55, delete line 36, and insert the following: (Lafourche) Payable from General Obligation Bonds "Construction ($1,500,000 Local Match)" Priority 2 $195,000" AMENDMENT NO. 55 AMENDMENT NO. 62 On page 56, delete lines 42 through 44, and insert the following: On page 59, between lines 21 and 22, insert the following:

"Priority 3 $2,800,000" "50/J37 OUACHITA PARISH AMENDMENT NO. 56 (1430) Access Road for East Ouachita Delete Senate Committee Amendment No. 29, proposed by the Senate Recreation District - Sterlington Committee on Finance and adopted by the Senate on June 16, 1997, (Ouachita) and in the bill, on page 57, between lines 21 and 22, insert the Payable from General Obligation Bonds following: Priority 2 $175,000 "(819) South Lewis St. Widening LA The capital outlay request for this project was submitted after the Hwy 674 to US Hwy 90, Planning November 1st deadline, but it has been recommended by the Joint And Construction Legislative Committee on Capital Outlay pursuant to the provisions of (Iberia) R.S. 39:112." Payable from State General Fund (Direct) $400,000 Payable from General Obligation Bonds AMENDMENT NO. 63 Priority 3 $4,000,000 On page 59, between lines 21 and 22, insert the following: Total $4,400,000" "50/J35 NATCHITOCHES PARISH AMENDMENT NO. 57 Delete Senate Committee Amendment Nos. 31 and 32, proposed by the (1229) Four Laning LA 480 - in the vicinity of the Willamette Senate Committee on Finance and adopted by the Senate on June 16, Industries and Dodson Chip Plants 1997, and in the bill, on page 57, delete lines 33 through 37, and insert (Natchitoches) the following: Payable from General Obligation Bonds Priority 2 $250,000 "Payable from State General Fund (Direct) $50,000 Priority 5 $2,000,000 Payable from General Obligation Bonds Total $2,250,000" Priority 3 $4,600,000 Total $4,650,000 AMENDMENT NO. 64 On page 59, delete lines 30 through 34. Provided, however, that $50,000 of the State General Fund (Direct)" AMENDMENT NO. 65 AMENDMENT NO. 58 On page 59, between lines 35 and 36, insert the following: Delete Senate Committee Amendment No. 36, proposed by the Senate Committee on Finance and adopted by the Senate on June 16, 1997, "(1239) Ama to Luling Pump Station and in the bill, on page 58, between lines 6 and 7, insert the following: and Force Main, Planning and Construction (Local Match $182,000) "(834) Barataria Blvd. Drainage Improvements (St. Charles) Barataria Blvd./Patriot Street To Ames Blvd. Payable from General Obligation Bonds (Jefferson) Priority 2 $2,155,000" Payable from State General Fund (Direct) $500,000 Payable from General Obligation Bonds AMENDMENT NO. 66 Priority 2 $500,000 On page 59, delete lines 40 through 42, and insert the following: Priority 5 $3,655,000 Total $4,655,000 "Priority 3 $6,797,000" AMENDMENT NO. 59 AMENDMENT NO. 67 On page 58, delete lines 40 through 46 On page 60, delete lines 10 through 17 AMENDMENT NO. 60 AMENDMENT NO. 68 On page 58, after line 46, insert the following: On page 60, delete lines 18 through 28 "(825) Southeast La Urban Flood Control Project AMENDMENT NO. 69 Planning, Design, and Construction In Senate Committee Amendment No. 40, proposed by the Senate (Jefferson) Committee on Finance and adopted by the Senate on June 16, 1997, Payable from General Obligation Bonds delete lines 17 through 25, and in the bill, on page 61, between lines 35 Priority 2 $2,000,000" and 36, insert the following: AMENDMENT NO. 61 "( ) Town of Franklinton Industrial Park On page 59, between lines 12 and 13, insert the following: Acquisition, Site Preparation And Improvements, "50/J29 LAFOURCHE PARISH Planning and Construction 47th DAY'S PROCEEDINGS Page 87 SENATE June 16, 1997

(Washington) "(Ouachita) Payable from State General Fund (Direct) $250,000 Payable from General Obligation Bonds Payable from General Obligation Bonds Priority 2 $250,000" Priority 2 $250,000 Total $500,000" AMENDMENT NO. 76 Delete Senate Committee Amendment No. 48, proposed by the Senate The capital outlay budget request for this project was submitted after the Committee on Finance and adopted by the Senate on June 16, 1997, November 1st deadline, but it has been recommended by the and in the bill, on page 65, between lines 31 and 32, insert the Department of Economic Development pursuant to the provisions of following: R.S. 39:112. "(930) Behrman Park Improvements, AMENDMENT NO. 70 Planning and Construction On page 62, between lines 6 and 7, insert the following: (Orleans) Payable from State General Fund (Direct) $800,000 "(905) Governmental Building Elevators Payable from General Obligation Bonds Upgrade, Planning and Construction Priority 5 $700,000 (East Baton Rouge) Total $1,500,000" Payable from General Obligation Bonds Priority 2 $480,000" AMENDMENT NO. 77 On page 66, delete line 23, and insert the following: AMENDMENT NO. 71 On page 62, delete lines 7 through 11 "and Construction (Orleans) $215,000 Payable from General Obligation Bonds AMENDMENT NO. 72 Priority 2 $85,000 On page 62, between lines 30 and 31, insert the following: Total $300,000" "50/M60 DELCAMBRE AMENDMENT NO. 78 On page 67, delete lines 15 through 17 and insert the following: (912) Water System Improvements "Priority 2 $100,000 Repair and Replace, Planning And Priority 5 $500,000 Construction Total $600,000" (Vermilion, Iberia) Payable from General Obligation Bonds AMENDMENT NO. 79 Priority 2 $950,000" On page 68, between lines 6 and 7, insert the following: AMENDMENT NO. 73 "50/MR9 SLIDELL In Senate Committee Amendment No. 43, proposed by the Senate Committee on Finance and adopted by the Senate on June 16, 1997, (1286) Olde Towne Street Decor delete lines 29 through 34, and in the bill, on page 62, between lines 30 (St. Tammany) and 31, insert the following: Payable from General Obligation Bonds Priority 2 $270,000" "50/M57 COVINGTON AMENDMENT NO. 80 (910) Covington Water Well and Connecting Lines In Senate Committee Amendment No. 51, proposed by the Senate Planning and Construction Committee on Finance and adopted by the Senate on June 16, 1997, (St. Tammany) delete lines 18 through 22, and insert quotation marks """, and in the Payable from funds received by the bill, on page 67, at the bottom of the page, insert the following: State Bond Commission as a result of prepayments on reimbursement contracts $500,000 "(948) Municipal Auditorium Renovations Payable from General Obligation Bonds Phase III Auditorium Improvements Priority 5 $420,000 Planning and Construction Total $920,000" (Caddo) Payable from State General Fund (Direct) $1,250,000 AMENDMENT NO. 74 Payable from General Obligation Bonds On page 62, between lines 37 and 38, insert the following: Priority 2 $1,250,000 Total $2,500,000" "50/M80 ERATH AMENDMENT NO. 81 (923) Water Treatment Plant Land On page 68, delete lines 11 through 14. Acquisition, Site Development, Planning And Construction AMENDMENT NO. 82 (Vermilion) Delete Senate Committee Amendment No. 54, proposed by the Senate Payable from General Obligation Bonds Committee on Finance and adopted by the Senate on June 16, 1997, Priority 3 $1,770,000" and in the bill, on page 68, between lines 25 and 26, insert the following: AMENDMENT NO. 75 Delete Senate Committee Amendment Nos. 46 and 47, proposed by the "50/MV2 WEST MONROE Senate Committee on Finance and adopted by the Senate on June 16, 1997, and in the bill, on page 64, delete lines 29 through 39, and insert (955) West Monroe Horse and Livestock the following: Pavilion Planning, Design, and Construction ($5,000,000 Priority 5 Local Match Only) Page 88 SENATE 47th DAY'S PROCEEDINGS June 16, 1997

(Ouachita) "(Rapides) Payable from State General Fund (Direct) $250,000 Payable from General Obligation Bonds Payable from General Obligation Bonds Priority 1 $250,000 Priority 5 $5,000,000 Priority 5 $1,250,000 Total $5,250,000 Total $1,500,000 Provided however, that $250,000 of the State General Provided, however, the Southern Forest Heritage Museum and Fund (Direct) appropriation for this project is not payable Research Center provides an equal match to the General Obligation from revenues becoming available as a result of the advance Bonds Priority 5 appropriation herein; further provided, this required payment of debt in Fiscal Year 1996-1997." match may be the total of federal, other, or in-kind services or dollars." AMENDMENT NO. 83 AMENDMENT NO. 90 On page 69, between lines 6 and 7, insert the following: On page 75, between lines 27 and 28, insert the following: "50/N01 CALCASIEU PARISH SEWER DISTRICT "50/NC8 SOUTHERN DEVELOPMENT FOUNDATION (958) Mossville - Sewer Collection System - (1323) Zydeco Road Resurfacing To Planning and Construction Resurface Approximately One Mile (Calcasieu) Of Road in Plaisance, La. Payable from General Obligation Bonds (St. Landry) Priority 2 $250,000 Payable from General Obligation Bonds Priority 5 $950,000 Priority 2 $170,000" Total $1,200,000 On motion of Senator Barham, the committee amendment was Provided, however, no lines of credit shall be granted or bonds sold for adopted. Under the provisions of Joint Rule No. 3 of the Rules of the this project until matching federal funds are secured through the Senate, the amended bill was read by title and referred to the Legislative CDBG." Bureau. AMENDMENT NO. 84 HOUSE BILL NO. 2273 — On page 69, delete lines 14 through 17, and insert the following: BY REPRESENTATIVES DOWNER, LEBLANC, AND ALARIO AND SENATOR HAINKEL AN ACT "Priority 5 $3,000,000 To amend Act No. 45 of the 1996 Regular Session of the Legislature, Total $8,285,000" relative to the capital outlay budget, by adding thereto a new section; to provide for certain additional appropriations; to amend AMENDMENT NO. 85 certain appropriations; and to provide for related matters. On page 70, delete lines 6 through 16 Reported favorably by the Committee on Revenue and Fiscal AMENDMENT NO. 86 Affairs. Under the provisions of Joint Rule No. 3 of the Rules of the On page 71, delete lines 26 through 29 Senate, the bill was read by title and referred to the Legislative Bureau. AMENDMENT NO. 87 Delete Senate Committee Amendment No. 55, proposed by the Senate Rules Suspended Committee on Finance and adopted by the Senate on June 16, 1997, and in the bill, on page 71, between lines 30 and 31, insert the Senator Cox asked for and obtained a suspension of the rules for following: the purpose of recalling House Concurrent Resolution No. 191 from the Committee on Environmental Quality. "(963) Enterprise Park, Land Acquisition, Access Roads And Infrastructure Improvements, HOUSE CONCURRENT RESOLUTION NO. 191— BY REPRESENTATIVE GUILLORY Renovations, Planning And Construction A CONCURRENT RESOLUTION (Orleans) To memorialize congress to allow Louisiana to impose requirements on Payable from State General Fund (Direct) $500,000 the storage and transportation of hazardous materials by rail car Payable from General Obligation Bonds that are more stringent than federal requirements. Priority 2 $1,000,000 Total $1,500,000" The resolution was read by title. Senator Cox moved to concur in the House Concurrent Resolution. AMENDMENT NO. 88 On page 72, between lines 10 and 11, insert the following: "(967) Airport Cargo Building and Facility ROLL CALL and Structural Canopy Phase III, Planning and Construction The roll was called with the following result: ($14,200,000 Other Match) (East Baton Rouge) YEAS Payable from General Obligation Bonds Priority 2 $480,000 Mr. President Dyess Jordan Priority 5 $2,940,000 Bagneris Ellington Landry Total $3,420,000" Bajoie Fields Lentini Barham Greene Malone AMENDMENT NO. 89 Bean Guidry Robichaux On page 72, delete lines 39 through 43, and insert the following: Branch Hainkel Schedler Cain Heitmeier Short 47th DAY'S PROCEEDINGS Page 89 SENATE June 16, 1997

Casanova Hines Siracusa HOUSE BILL NO. 2367— Cox Hollis Smith BY REPRESENTATIVES DOWNER, BRUNEAU, LANCASTER, AND HUNTER AND SENATORS EWING, BAGNERIS, BARHAM, AND Cravins Irons Tarver DARDENNE Dardenne Johnson Theunissen AN ACT Dean Jones Ullo To appropriate the sum of Thirty-nine Million Eighty-six Thousand One Total—36 Hundred Sixty-two and No/100 ($39,086,162.00) Dollars, or so NAYS much thereof as may be necessary, out of the state general fund and to appropriate the sum of Three Hundred Fifty Thousand and Total—0 No/100 ($350,000.00) Dollars from the state general fund to ABSENT provide for the Legislative Auditor Ancillary Enterprise Fund and to appropriate One Million Five Hundred Thousand and No/100 Campbell Lambert Romero ($1,500,000.00) Dollars out of the state general fund to provide for Total—3 the maintenance of the Capitol Building, Pentagon Courts, Arsenal Building, and for the arsenal and capitol gardens and to appropriate The Chair declared the Senate had concurred in the House self-generated funds, to defray the expenses of the Louisiana Concurrent Resolution, and ordered it returned to the House. Legislature, including the expenses of the House of Representatives and the Senate, of legislative service agencies, and Privilege Report of the of the Louisiana State Law Institute; and otherwise to provide with Legislative Bureau respect to the appropriations and allocations herein made. June 16, 1997 Reported without amendments. Respectfully submitted, To the President and Members of the Senate: DENNIS BAGNERIS Chairman I am directed by your Legislative Bureau to submit the following report: Adoption of Legislative Bureau Report The following bills are approved as to construction and duplication. On motion of Senator Bagneris, the Bills and Joint Resolutions were read by title and passed to a third reading. HOUSE BILL NO. 2— BY REPRESENTATIVES ALARIO, LEBLANC, AND DOWNER AND Privilege Report of the SENATORS BARHAM AND HAINKEL AN ACT Legislative Bureau To provide with respect to the capital outlay budget and the capital outlay program for state government, state institutions, and other June 16, 1997 public entities; to provide for the designation of projects and improvements; to provide for the financing thereof making To the President and Members of the Senate: appropriations from certain sources; and to provide for related matters. I am directed by your Legislative Bureau to submit the following report: Reported without amendments. The following bills are approved as to construction and duplication. HOUSE BILL NO. 2067— We advise and suggest the following amendments to the engrossed bills. BY REPRESENTATIVE LEBLANC AN ACT HOUSE BILL NO. 237— To provide for the establishment and re-establishment of agency BY REPRESENTATIVE HEBERT ancillary funds, to be specifically known as internal service funds, AN ACT auxiliary funds, or enterprise funds for certain state institutions, To amend and reenact R.S. 11:565.1, relative to the Louisiana State officials, and agencies; to provide for appropriation of funds; and Employees' Retirement System; to provide with respect to service to regulate the administration of said funds. credit and the actuarial purchase thereof; to authorize judges and officers of the court the option of purchasing credit for service as Reported without amendments. law clerk for a district judge; and to provide for related matters. HOUSE BILL NO. 2273 — Reported without amendments. BY REPRESENTATIVES DOWNER, LEBLANC, AND ALARIO AND SENATOR HAINKEL HOUSE BILL NO. 366— AN ACT BY REPRESENTATIVE TRAVIS To amend Act No. 45 of the 1996 Regular Session of the Legislature, AN ACT relative to the capital outlay budget, by adding thereto a new To amend and reenact R.S. 51:1286(C)(1)(introductory paragraph) and section; to provide for certain additional appropriations; to amend to repeal R.S. 51:1286(C)(3), relative to the Louisiana Tourism certain appropriations; and to provide for related matters. Promotion District; to remove the limitation on the amount of the proceeds of the sales and use tax levied by the district which are to Reported without amendments. be used for costs of collection of the tax and for the promotion of tourism; to amend and reenact Section 3 of Act No. 535 of the HOUSE BILL NO. 2356— 1988 Regular Session of the Legislature, as amended by Section BY REPRESENTATIVE LEBLANC 2 of Act No. 285 of the 1992 Regular Session of the Legislature; AN ACT to provide with respect to the Louisiana Tax Free Shopping To provide with respect to the Revenue Sharing Fund and the allocation Program; and to provide for related matters. and distribution thereof for Fiscal Year 1997-1998, and to provide for related matters. Reported without amendments. Reported without amendments. Page 90 SENATE 47th DAY'S PROCEEDINGS June 16, 1997

HOUSE BILL NO. 443— HOUSE BILL NO. 720— BY REPRESENTATIVE HUDSON BY REPRESENTATIVE DUPRE AN ACT A JOINT RESOLUTION To amend and reenact R.S. 11:564, relative to the Louisiana State Proposing to amend Article VII, Section 4(D) of the Constitution of Employees' Retirement System; to allow judges to purchase Louisiana, to increase the maximum amount of the severance tax judicial credit for service as an employee of an indigent defender on certain natural resources which is remitted to parish governing program on an actuarial basis; to change the date allowable for authorities; to provide for submission of the proposed amendment purchasing such service credits; and to provide for related matters. to the electors; and to provide for related matters. Reported without amendments. Reported without amendments. HOUSE BILL NO. 570— HOUSE BILL NO. 852— BY REPRESENTATIVE WARNER BY REPRESENTATIVE JACK SMITH AN ACT A JOINT RESOLUTION To amend and reenact R.S. 11:3363.1(H)(1) and (2) and (J), relative to Proposing to amend Article VII, Section 7(B) of the Constitution of the Firefighters' Pension and Relief Fund in the city of New Louisiana, relative to the Interim Emergency Board; to allow the Orleans; to provide relative to allowing a member, beneficiary, or board to appropriate funds to avert an impending emergency; to survivor to bring a civil action against the fund to enforce laws provide for submission of the proposed amendment to the electors; governing the retirement system; to provide with respect to the use and to provide for related matters. of commission recapture arrangement fee contracts for investment advisory services; and to provide for related matters. Reported without amendments. Reported without amendments. HOUSE BILL NO. 873— BY REPRESENTATIVES DOWNER, ALARIO, R. ALEXANDER, BARTON, BRUNEAU, CRANE, DANIEL, DEWITT, DEVILLE, DIMOS, DONELON, HOUSE BILL NO. 571— DUPRE, FLAVIN, FRITH, HEBERT, JETSON, JOHNS, KENNEY, BY REPRESENTATIVE WARNER LANCASTER, LEBLANC, LONG, MCDONALD, MCMAINS, MICHOT, AN ACT RIDDLE, SCALISE, JOHN SMITH, STELLY, THOMPSON, TRICHE, WIGGINS, To amend and reenact R.S. 11:3378(B) and 3386, relative to the CLARKSON, FRUGE, AND WRIGHT AND SENATOR EWING Firefighters' Pension and Relief Fund in the city of New Orleans; A JOINT RESOLUTION to increase the amount for death benefits for deceased members; Proposing to amend Article VII, Sections 10(B) and (D)(2) and 10.3 of to provide for an effective date when such death benefits become the Constitution of Louisiana, relative to the expenditure of state payable; to reduce the years of creditable service for qualifying for funds; to provide for allowable uses of nonrecurring revenues; to a service retirement benefit under certain circumstances; and to restructure and rename the "Revenue Stabilization/Mineral Trust provide for related matters. Fund" within the state treasury; to establish certain accounts within the fund; to provide for deposit of certain monies into the fund; to Reported without amendments. provide for allowable uses of monies in the fund; to provide for submission of the proposed amendment to the electors; and to HOUSE BILL NO. 573— provide for related matters. BY REPRESENTATIVE WARNER AN ACT Reported without amendments. To amend and reenact R.S.11:3378(A)(1) and (2)(b) and (d), relative to the Firefighters' Pension and Relief Fund in the city of New HOUSE BILL NO. 952— Orleans; to provide with respect to benefits; to further provide for BY REPRESENTATIVE THOMAS the continuation of widows and widowed mothers survivors AN ACT benefits upon remarriage; and to provide for related matters. To amend and reenact R.S. 11:3049 and to enact R.S. 11:3039.1, relative to the City of Bogalusa Employees' Retirement System; to Reported without amendments. provide with respect to the creation of a Deferred Retirement Option Plan; to provide with respect to the management and HOUSE BILL NO. 574— investment of the retirement system funds; to provide with respect BY REPRESENTATIVE WARNER to the deposit and distribution of such funds thereof; to provide for AN ACT an effective date; and to provide for related matters. To amend and reenact R.S. 11:3370(G), relative to the Firefighters' Pension and Relief Fund in the City of New Orleans; to increase Reported with amendments. the maximum allowable limit on investment in equities; and to provide for related matters. LEGISLATIVE BUREAU AMENDMENTS Reported without amendments. Amendments proposed by Legislative Bureau to Reengrossed House Bill No. 952 by Representative Thomas HOUSE BILL NO. 575— BY REPRESENTATIVE WARNER AMENDMENT NO. 1 AN ACT On page 6, line 2, following "R.S. 11:3407" and before "and" delete To amend and reenact R.S. 11:3378(A)(1), relative to the Firefighters' "(D)" Pension and Relief Fund in the city of New Orleans; to provide with respect to survivor benefits; to provide for survivor benefit HOUSE BILL NO. 1180— payments when a firefighter dies within thirty days of an injury BY REPRESENTATIVE MONTGOMERY received in the line of duty; to provide with respect to retroactive AN ACT applicability of those survivor benefits; and to provide for related To amend and reenact R.S. 11:2178(I)(2) and (M)(7), (8), and (9) and matters. to repeal R.S. 11:2178(M)(13) and (14), relative to the Sheriffs' Pension and Relief Fund; to provide with respect to the Deferred Reported without amendments. Retirement Option Plan; to provide for interest payable on deposits in the plan after termination of employment; to remove the penalty for reemployment after withdrawal of funds from the plan; to 47th DAY'S PROCEEDINGS Page 91 SENATE June 16, 1997

repeal certain distribution and assignability options in the plan; and Program for Students, including provisions relative to the to provide for related matters. Louisiana Education Assessment Program; to provide for certain testing of students; to provide relative to testing requirements and Reported without amendments. the schedule for testing; to provide for student progression plans; to provide for content standards and for performance standards; to HOUSE BILL NO. 1348— provide relative to the duties and responsibilities of the State Board BY REPRESENTATIVES LEBLANC AND DOWNER AND SENATOR of Elementary and Secondary Education, the state Department of BAGNERIS AN ACT Education, and city and parish school boards; to provide relative to To appropriate funds to defray the expenses of the Louisiana Judiciary, the Louisiana Educational Assessment Testing Commission; to including the Supreme Court, Courts of Appeal, District Courts, provide for implementation; and to provide for related matters. Criminal District Court of Orleans Parish, and other courts; and to provide for related matters. Reported without amendments. HOUSE BILL NO. 1975— Reported without amendments. BY REPRESENTATIVE MONTGOMERY AN ACT HOUSE BILL NO. 1365— To amend and reenact R.S. 11:2175(E)(1), relative to the Sheriffs' BY REPRESENTATIVE WARNER AN ACT Pension and Relief Fund; to provide with respect to reemployment To amend and reenact R.S. 11:3383(A), 3384(B), and 3385.1(K)(4) after retirement; to provide income limits during reemployment on and to repeal R.S. 11:3380, relative to the Firefighters' Pension and a part-time basis; and to provide for related matters. Relief Fund in the city of New Orleans; to discontinue the minimum benefit to beneficiaries of deceased firefighters; to Reported without amendments. provide with respect to standarizing the formula for the HOUSE BILL NO. 2134— computation of retirement benefits; to make a technical correction BY REPRESENTATIVES WINDHORST AND DEWITT within the provisions of the Deferred Retirement Option Plan; to AN ACT repeal the one dollar per day sick benefit for members who have To enact R.S. 40:1379(D), relative to the office of state police, public exhausted such sick leave; and to provide for related matters. safety services, of the Department of Public Safety and Corrections; to provide for personnel who are commissioned police Reported without amendments. employees of the office; and to provide for related matters. HOUSE BILL NO. 1409— Reported without amendments. BY REPRESENTATIVE BARTON AN ACT HOUSE BILL NO. 2370— To amend and reenact Section 2(A) of Act No. 19 of the 1970 Regular BY REPRESENTATIVE LEBLANC Session of the Legislature, as amended by Act No. 623 of the 1974 AN ACT Regular Session, Act No. 629 of the 1979 Regular Session, Act To appropriate funds from certain sources to be allocated to designated No. 465 of the 1990 Regular Session, and Act No. 303 of the agencies and designated purposes in specific amounts for the 1993 Regular Session, relative to the Shreveport-Bossier purpose of making supplemental appropriations for certain Convention and Tourist Commission; to provide relative to the initiatives for the funding of said agencies and purposes during the composition of the commission; to establish limits on the terms a 1996-1997 Fiscal Year and for retiring or defeasing debt of the commissioner may serve; and to provide for related matters. state; to void a certain provision of Act 45 of the 1996 Regular Session of the Legislature; and to provide for related matters. Reported without amendments. Reported without amendments. HOUSE BILL NO. 1530— BY REPRESENTATIVE WINDHORST AN ACT HOUSE BILL NO. 2520 (Substitute for House Bill No. 510 by Representative Crane)— To amend and reenact R.S. 47:820.5(B)(2), relative to the uses of toll BY REPRESENTATIVE CRANE revenues from the Greater New Orleans Mississippi River Bridges; AN ACT to provide for additional projects that may be funded by excess To enact R.S. 17:3386(C) and (D), relative to retention of surplus revenues; and to provide for related matters. funds; to provide for limitations on surplus funds which may be retained from one fiscal year and carried forward to the next fiscal Reported without amendments. year; and to provide for related matters. HOUSE BILL NO. 1626— Reported without amendments. BY REPRESENTATIVE DANIEL AN ACT Respectfully submitted, To amend and reenact R.S. 11:450(D)(1), relative to the Louisiana State DENNIS BAGNERIS Employees' Retirement System; to provide with respect to the Chairman Deferred Retirement Option Plan and the calculation of the base benefit of a member upon the entry of that member into the plan; Adoption of Legislative Bureau Report to further provide an effective date and for retroactive application; and to provide for related matters. On motion of Senator Bagneris, the Legislative Bureau amendments were adopted and the Bills and Joint Resolutions were Reported without amendments. read by title and passed to a third reading. HOUSE BILL NO. 1865— Message from the House BY REPRESENTATIVE BRUN AN ACT SIGNED HOUSE CONCURRENT RESOLUTIONS To amend and reenact R.S. 17:24.4 and to repeal R.S. 17:100.7, relative to the assessment of public elementary and secondary school June 16, 1997 students; to provide for the Achievement and Performance Page 92 SENATE 47th DAY'S PROCEEDINGS June 16, 1997

To the Honorable President and Members of the Senate: rules and regulations and definitions; to provide for assistance and participation by the Department of Wildlife and Fisheries; and to I am directed to inform your honorable body that the Speaker of the provide for related matters. House of Representatives has signed the following House Concurrent Resolutions: HOUSE BILL NO. 311— BY REPRESENTATIVE HEBERT HOUSE CONCURRENT RESOLUTION NO. 213— AN ACT BY REPRESENTATIVE TRAVIS To enact R.S. 17:176(E), relative to extracurricular activities; to provide A CONCURRENT RESOLUTION for eligibility for and participation in extracurricular interscholastic To urge and request local governing authorities to distinguish between athletic activities by certain students; to provide for conditions and licensed massage therapists and massage therapy establishments, limitations; to provide for effectiveness; and to provide for related and massage parlors and adult entertainment businesses in matters. establishing zoning regulations. HOUSE BILL NO. 329— HOUSE CONCURRENT RESOLUTION NO. 233— BY REPRESENTATIVE PINAC BY REPRESENTATIVE DURAND AN ACT A CONCURRENT RESOLUTION To enact R.S. 33:423.9, relative to the city of Crowley; to authorize the To urge and request the office of state parks to study the feasibility of chief of police of the city of Crowley to appoint, discipline, and converting a portion of Longfellow Evangeline State discharge police personnel subject to budgetary limitations; and to Commemorative Area in St. Martinville into an RV park to provide for related matters. provide for overnight camping for recreational vehicles and to report its findings to the House Committee on Municipal, Parochial HOUSE BILL NO. 338— and Cultural Affairs and the Senate Committee on Natural BY REPRESENTATIVE STELLY Resources. AN ACT To enact R.S. 17:2138, relative to requirements for admission to and asked that the President of the Senate affix his signature to the institutions of higher learning; to require a score of at least same. seventeen on the American College Test for residents of other states; and to provide for related matters. Respectfully submitted, ALFRED W. SPEER HOUSE BILL NO. 373— BY REPRESENTATIVE PRATT Clerk of the House of Representatives AN ACT To repeal Subpart C-1 of Part III of Chapter I of Title 17 of the The House Concurrent Resolutions contained herein were signed Louisiana Revised Statutes of 1950, comprised of R.S. 17:251 by the President of the Senate. through 254, relative to the Task Force on School Discipline. Message from the House HOUSE BILL NO. 649— BY REPRESENTATIVE HAMMETT SIGNED HOUSE BILLS AND AN ACT JOINT RESOLUTIONS To amend and reenact R.S. 17:416.7, relative to school dress codes; to authorize city and parish school boards to require a school dress June 16, 1997 code which includes the use of uniforms; to require notification by school boards to parents of such dress code; and to provide for To the Honorable President and Members of the Senate: related matters. I am directed to inform your honorable body that the Speaker of the HOUSE BILL NO. 658— House of Representatives has signed the following House Bills and Joint BY REPRESENTATIVE PERKINS AND SENATOR SHORT Resolutions: AN ACT To enact R.S. 17:2117, relative to public elementary and secondary HOUSE BILL NO. 111— schools; to provide that no public elementary or secondary school BY REPRESENTATIVE SALTER AND SENATORS CAIN AND SMITH governing authority, superintendent, administrator, or principal AN ACT shall prohibit any teacher from reading and posting certain To enact R.S. 32:1717(B)(4), relative to financial responsibility for tow writings, documents, and records; to prohibit certain content-based truck operators; to authorize the use of self-insurance as proof of censorship; to provide for notice of such to local school systems financial responsibility in lieu of insurance; and to provide for and employees; and to provide for related matters. related matters. HOUSE BILL NO. 659— HOUSE BILL NO. 117— BY REPRESENTATIVE PINAC BY REPRESENTATIVE ALARIO AN ACT AN ACT To amend and reenact R.S. 33:9102(B) and to enact Part V of Chapter To amend and reenact R.S. 33:132(B)(4) and (6), relative to Jefferson 31 of Title 33 of the Louisiana Revised Statutes of 1950, to be Parish membership on the New Orleans area regional planning comprised of R.S. 33:9131.5, relative to the Acadia Parish commission; to provide for the appointment of certain mayors from Communications District; to provide relative to the purposes of such parish to such commission; to provide relative to their terms such district; to provide relative to enhancement of emergency of office; and to provide for related matters. telecommunications service; to provide relative to service charges collected by the district including provisions relative to use of the HOUSE BILL NO. 267— proceeds from such charges, the telecommunications service users BY REPRESENTATIVE DOERGE liable for such charges, the rate of such charges, and the collection AN ACT and enforcement of such charges; and to provide for related To enact R.S. 17:282.1, relative to permitted courses of study; to matters. provide for a watercraft safety course in public secondary schools; to provide for course implementation; to provide for the purpose of the program and for participation in the program; to provide for 47th DAY'S PROCEEDINGS Page 93 SENATE June 16, 1997

HOUSE BILL NO. 662— HOUSE BILL NO. 1057— BY REPRESENTATIVE SALTER BY REPRESENTATIVE DOERGE AN ACT AN ACT To authorize and provide for the conveyance, transfer, or disposition of To enact R.S. 17:8(J), relative to textbooks for public elementary and certain property in the town of Zwolle, Sabine Parish, by the secondary schools; to require the State Board of Elementary and Sabine Parish School Board; to provide terms and conditions; to Secondary Education to establish a procedure enabling the provide for waiver of reversionary right or interest by the state; and governing authority of a public elementary or secondary school to to provide for related matters. order and receive certain textbooks directly from textbook publishers; to provide certain guidelines; to provide for HOUSE BILL NO. 796— implementation; and to provide for related matters. BY REPRESENTATIVE PRATT AN ACT HOUSE BILL NO. 1058— To enact R.S. 17:235.1, relative to school attendance; to require parents BY REPRESENTATIVE DURAND or guardians to complete an orientation course before their children AN ACT enter public school; to provide relative to course completion and To enact Part I-B of Chapter 5 of Title 33 of the Louisiana Revised guidelines; to provide for applicability and scheduling; to provide Statutes of 1950, to be comprised of R.S. 33:2456, to provide with exceptions; and to provide for related matters. respect to the city of St. Martinville; to authorize the municipal governing authority to establish a civil service system for municipal HOUSE BILL NO. 801— employees by ordinance; to provide procedures for adoption of BY REPRESENTATIVE ROUSSELLE AND SENATOR ROBICHAUX such ordinance; to provide for abolition or change in such civil AN ACT service system; to provide for applicability of the system; and to To amend and reenact R.S. 56:303.6(A)(1) and (B), relative to the provide for related matters. oyster harvester license; to provide for who must have such license; to provide for use of revenues generated by such license; HOUSE BILL NO. 1151— and to provide for related matters. BY REPRESENTATIVE JACK SMITH AN ACT HOUSE BILL NO. 885— To require the Department of Transportation and Development to erect BY REPRESENTATIVES MARIONNEAUX AND THOMPSON "Advance Warning" and "School Zone" signs and flashing caution AN ACT lights on Louisiana Highway 70 in Stevensville, Louisiana, which To enact R.S. 32:387.8, relative to special permits; to provide for a is located in St. Martin Parish on both sides of the Stevensville special permit for trucks hauling certain agricultural products; to Elementary School property and to erect "Advance Warning" and provide for weight limits under the special permit; to provide for "School Zone" signs and flashing caution lights on Louisiana prohibitions; and to provide for related matters. Highway 92 in the vicinity of the school grounds in Milton, Louisiana; to erect an "Advance Warning" sign on a specified area HOUSE BILL NO. 897— of Highway 61 in East Baton Rouge Parish; to erect flashing BY REPRESENTATIVE MONTGOMERY AN ACT caution lights at the intersection of Louisiana Highway 70 and To enact R.S. 41:897, relative to school boards; to authorize the Bossier Louisiana Highway 1016-1 in Assumption Parish; to erect a red Parish School Board to exchange unused school land, including light at the intersection of Louisiana Highway 1 North and Fort but not limited to sixteenth section land; to provide procedures, Street in the city of Plaquemine which is located in Iberville Parish; terms, and conditions, including advertisement, appraisals, and to erect a traffic signal light at a certain intersection in the parish of public hearings; and to provide for related matters. Lafourche; and to provide for related matters. HOUSE BILL NO. 1191— HOUSE BILL NO. 995— BY REPRESENTATIVE STRAIN AND SENATOR SCHEDLER BY REPRESENTATIVE MURRAY AN ACT AN ACT To amend and reenact R.S. 23:1021(10)(d), relative to the average To amend and reenact R.S. 23:184(introductory paragraph), relative to weekly wage calculations in workers' compensation claims; to employment of minors; to require written permission of parent or provide for the calculation of average weekly wage of an employee legal guardian prior to issuance of an employment certificate; and on a unit, piecework, commission, or other basis; and to provide to provide for related matters. for related matters. HOUSE BILL NO. 1284 (Duplicate of Senate Bill No. 985)— BY REPRESENTATIVE FORSTER AND SENATOR ELLINGTON HOUSE BILL NO. 971— AN ACT BY REPRESENTATIVE BARTON AN ACT To amend and reenact R.S. 23:1601(4), relative to unemployment To amend and reenact R.S. 43:142(A)(4), 171(A)(2)(d), 181(A)(2)(c), compensation; to provide that a claimant shall be disqualified from 201(B)(4), and 202(A), relative to the selection of newspapers for receiving benefits during a labor strike; to provide that a claimant official advertisements and publications; to require a newspaper to shall not be disqualified from receiving benefits during a labor be entered in a U.S. post office under a periodical permit rather lockout; and to provide for related matters. than a second class mailing permit to qualify as an official journal HOUSE BILL NO. 1379 (Duplicate of Senate Bill No. 1176)— and for the publication of certain advertisements and notices; and BY REPRESENTATIVE DOWNER AND SENATOR HAINKEL AND to provide for related matters. COAUTHORED BY REPRESENTATIVES BRUN, MCDONALD, DEWITT, ALARIO, DANIEL, DUPRE, FAUCHEUX, FRITH, HUDSON, ILES, JOHNS, KENNEY, LEBLANC, MCCAIN, MCMAINS, MICHOT, POWELL, SALTER, HOUSE BILL NO. 998— SCHNEIDER, SHAW, THOMPSON, WALSWORTH, AND WIGGINS AND BY REPRESENTATIVE PRATT AND SENATOR CAMPBELL SENATORS BARHAM, BEAN, BRANCH, CAIN, COX, CRAVINS, AN ACT DARDENNE, DYESS, ELLINGTON, EWING, FIELDS, GUIDRY, HEITMEIER, HINES, HOLLIS, JORDAN, LANDRY, MALONE, ROBICHAUX, ROMERO, To amend and reenact R.S. 17:416(A)(1)(c)(iii), relative to discipline in SCHEDLER, SHORT, SMITH, THEUNISSEN, AND ULLO public elementary and secondary schools; to provide guidelines for AN ACT and limitations on the return to class of a pupil removed by a To enact R.S. 17:3765, relative to state funds; to provide for creation of teacher for certain disciplinary reasons; to provide for an effective the School Leadership Development Fund; to provide for deposit date; and to provide for related matters. of monies into the fund; to provide for uses of monies in the fund; and to provide for related matters. Page 94 SENATE 47th DAY'S PROCEEDINGS June 16, 1997

HOUSE BILL NO. 1401— such boards for attendance at meetings and to provide otherwise BY REPRESENTATIVE SCHNEIDER AND SENATOR SCHEDLER relative to such per diem; and to provide for related matters. AN ACT To amend and reenact R.S. 33:1704.3(A), relative to fees of office of HOUSE BILL NO. 1827— Slidell city marshal; to provide for an increase in fees in civil BY REPRESENTATIVE SALTER matters; and to provide for related matters. AN ACT To amend and reenact R.S. 17:7(6)(b)(i), relative to the certification of HOUSE BILL NO. 1483— elementary and secondary school teachers; to provide for the BY REPRESENTATIVES DIEZ, DEWITT, BRUCE, ROUSSELLE, ALARIO, duties, functions, and responsibilities of the State Board of BRUNEAU, COPELIN, LANCASTER, AND TOOMY AN ACT Elementary and Secondary Education; to provide qualifications To designate one of the Canal Street ferries which travels from the east and requirements for the certification of teachers, including for any bank of the Mississippi River in New Orleans to the west bank of person certified to teach in another state who applies for the Mississippi River in Algiers as the Louis B. Porterie Ferry; and certification to teach in the public schools of Louisiana; to provide to provide for related matters. for issuance of a one-year nonrenewable provisional certificate; and to provide for related matters. HOUSE BILL NO. 1484— BY REPRESENTATIVES DIEZ AND DEWITT HOUSE BILL NO. 2055— AN ACT BY REPRESENTATIVE THORNHILL To amend and reenact R.S. 32:387(C)(3)(e), (4), and (5), relative to AN ACT special permits; to provide for an increase in fees for special To amend and reenact Section 2(B)(8) of Act No. 180 of the 1984 permits relative to vehicles transporting certain oversize loads on Regular Session of the Legislature, as amended by Act No. 999 of highways; and to provide for related matters. the 1991 Regular Session of the Legislature and Act No. 570 of the 1992 Regular Session of the Legislature, relative to the St. HOUSE BILL NO. 1485— Tammany Parish Hospital Service District No. 2; to provide BY REPRESENTATIVES DIEZ AND DEWITT relative to the compensation and expenses of board members; and AN ACT to provide for related matters. To amend and reenact R.S. 48:228.1(A), relative to the master characterization plan for maintenance prepared by the Department HOUSE BILL NO. 2123— of Transportation and Development; to delete the prohibition of BY REPRESENTATIVE FRITH utilizing the master maintenance plan in preparation of the AN ACT highway needs study; to delete the provision relative to the master To enact R.S. 33:362(A)(2)(d) and R.S. 33:1236(64), relative to the plan superseding the Highway Priority Program; and to provide for powers of governing authorities; to authorize governing authorities related matters. to seek reimbursement from former employees on whose behalf the governing authority paid licensure fees for a commercial HOUSE BILL NO. 1610— driver's license under certain circumstances; to limit reimbursement BY REPRESENTATIVE ROUSSELLE to the amount of the licensure fee paid by the municipality or AN ACT parish; to provide for liability of the former employee; and to To amend and reenact R.S. 56:428(B), relative to oyster leases; to provide for related matters. require that renewed leases shall retain the same lease number as the original lease; and to provide for related matters. HOUSE BILL NO. 2186— BY REPRESENTATIVE FORSTER HOUSE BILL NO. 1662— AN ACT BY REPRESENTATIVE KENNEY To amend and reenact R.S. 23:1493(2)(c), (3), and (4) and to enact R.S. AN ACT 23:1493(5), relative to unemployment insurance; to provide To amend and reenact Sections 1 and 5 of Act No. 1153 of the 1995 relative to legislative appropriation; to provide for timing of charges Regular Session of the Louisiana Legislature, relative to the Bayou against the fund; to correct reference for contribution de Chene Reservoir; to increase the pool level of the reservoir; to computations; to provide for accounting standards; and to provide redefine the boundaries of the reservoir and other lands within the for related matters. authority of the Bayou de Chene Reservoir Commission; and to provide for related matters. HOUSE BILL NO. 2242— BY REPRESENTATIVES THOMPSON, PRATT, DOWNER, ALARIO, A. ALEXANDER, R. ALEXANDER, ANSARDI, BARTON, BAUDOIN, BAYLOR, HOUSE BILL NO. 1668— BOWLER, BRUCE, BRUNEAU, CARTER, CHAISSON, CLARKSON, COPELIN, BY REPRESENTATIVE WALSWORTH CRANE, CURTIS, DANIEL, DEVILLE, DEWITT, DIEZ, DIMOS, DOERGE, AN ACT DONELON, DOWNER, DURAND, FARVE, FAUCHEUX, FLAVIN, FONTENOT, FORSTER, FRITH, FRUGE, GAUTREAUX, GLOVER, GREEN, To enact R.S. 33:1415(I) and R.S. 46:1051(E), relative to Hospital GUILLORY, HAMMETT, HEATON, HEBERT, HILL, HOLDEN, HUDSON, Service District No. 1 of the Parish of Ouachita; to provide relative HUNTER, ILES, JENKINS, JETSON, JOHNS, KENNARD, KENNEY, LANCASTER, LANDRIEU, LEBLANC, LONG, MARIONNEAUX, MARTINY, to the abolition or alteration of the boundaries of the district; and MCCAIN, MCCALLUM, MCDONALD, MICHOT, MITCHELL, to provide for related matters. MONTGOMERY, MORRISH, MURRAY, ODINET, PERKINS, PIERRE, PINAC, POWELL, QUEZAIRE, RIDDLE, ROMERO, ROUSSELLE, SALTER, SCALISE, SCHNEIDER, SHAW, JACK SMITH, JOHN SMITH, STELLY, STRAIN, HOUSE BILL NO. 1706— THERIOT, THOMAS, THORNHILL, TOOMY, TRAVIS, TRICHE, VITTER, BY REPRESENTATIVES PERKINS AND WESTON WARNER, WELCH, WESTON, WILKERSON, WILLARD-LEWIS, AN ACT WINDHORST, WINSTON, AND WRIGHT AND SENATOR SHORT To amend and reenact R.S. 38:3301, relative to the Amite River Basin AN ACT Drainage and Water Conservation District; to provide relative to its To enact R.S. 17:416(G), relative to student discipline; to provide for geographical boundaries; and to provide for related matters. the powers, duties, and responsibilities of the State Board of Elementary and Secondary Education; to require certain HOUSE BILL NO. 1750— determinations regarding compliance by public elementary and BY REPRESENTATIVE MCCAIN secondary schools with state laws and board policies on student AN ACT discipline; to provide relative to the approval of schools by the To enact R.S. 33:103(C)(1)(j) and 2536.3 and R.S. 40:401.10, relative board; and to provide for related matters. to the compensation of members of certain boards in certain municipalities; to authorize payment of per diem to members of 47th DAY'S PROCEEDINGS Page 95 SENATE June 16, 1997

HOUSE BILL NO. 2291— HOUSE BILL NO. 2450— BY REPRESENTATIVES MONTGOMERY, BARTON, AND DOERGE BY REPRESENTATIVES DANIEL AND JENKINS AND SENATOR AN ACT CAMPBELL To designate Interstate 220 in Bossier City and Shreveport as the AN ACT "Joseph D. Waggonner, Jr. Highway"; and to provide for related To enact R.S. 17:7(22), relative to the duties and responsibilities of the matters. State Board of Elementary and Secondary Education; to require that the board provide an annual report to each legislator listing HOUSE BILL NO. 2366— public elementary and secondary schools throughout the state in BY REPRESENTATIVE DAMICO accordance with certain indicators; to provide for the time of such AN ACT report; and to provide for related matters. To amend and reenact R.S. 23:1195(A)(1) and to enact R.S. 23:1195(D), relative to group self-insurance funds; to permit HOUSE BILL NO. 2474— hospital service districts and health care facilities established by BY REPRESENTATIVE WIGGINS police juries and municipalities to participate in group self- AN ACT insurance funds for workers' compensation purposes; and to To amend and reenact R.S. 23:1203 and 1307 and to enact R.S. provide for related matters. 23:1121(E), relative to workers' compensation; to provide that the physician who administers emergency treatment only shall not be HOUSE BILL NO. 2383— the physician of choice of either the employee or the employer; to BY REPRESENTATIVE ROUSSELLE provide that care, services, and treatment may be provided at out- AN ACT of-state facilities in certain instances; to provide medical expenses To amend and reenact R.S. 56:495(A)(47) through (60), (62), and for out-of-state providers and facilities; to require payors to (100) and to enact R.S. 56:495(A)(46.1), (46.2), (47.1), (47.2), communicate to the claimant information regarding the procedure (48.1), (48.2), (51.1), (52.1), (52.2), (52.3), (52.4), (54.1), (54.2), for requesting an independent medical exam; to require that the (55.1), (55.2), (56.1), (56.2), (56.3), (56.4), (56.5), (56.6), and information brochure specifically state the procedure for requesting (99.1), relative to the boundary between inside and outside waters an independent medical examination; and to provide for related for purposes of shrimping; to move the boundary line in and matters. around Plaquemines Parish to conform to the current coastline; to provide for an effective date; and to provide for related matters. HOUSE BILL NO. 9— BY REPRESENTATIVES BRUNEAU AND MURRAY HOUSE BILL NO. 2396— AN ACT BY REPRESENTATIVE KENNEY To amend and reenact R.S. 9:2796(A), relative to offenses and quasi AN ACT offenses; to limit liability of krewes conducting parades held on To enact R.S. 17:181 and to repeal R.S. 17:2006.1, relative to streets or waterways, or in buildings; and to provide for related secondary school vocational education; to require each governing matters. authority of a public secondary school to allocate certain funding for instructional materials and supplies for students enrolled in HOUSE BILL NO. 32— vocational agricultural, agribusiness, and agriscience programs; to BY REPRESENTATIVES GUILLORY, BRUCE, DUPRE, HEATON, PERKINS, ROMERO, DOWNER, A. ALEXANDER, BAYLOR, BOWLER, CLARKSON, provide for effectiveness; to repeal certain provisions relative to COPELIN, CURTIS, DANIEL, DOERGE, DURAND, FAUCHEUX, FLAVIN, funding for such students by the State Board of Elementary and GAUTREAUX, GLOVER, GREEN, HEBERT, HILL, HUDSON, HUNTER, ILES, JOHNS, KENNEY, LANDRIEU, LEBLANC, LONG, MARIONNEAUX, Secondary Education; and to provide for related matters. MCCAIN, MCDONALD, MCMAINS, MITCHELL, MONTGOMERY, MORRELL, MORRISH, MURRAY, ODINET, PIERRE, POWELL, PRATT, HOUSE BILL NO. 2400— QUEZAIRE, RIDDLE, SALTER, SCALISE, SHAW, JACK SMITH, STELLY, BY REPRESENTATIVE MURRAY STRAIN, THOMAS, THOMPSON, THORNHILL, TRAVIS, TRICHE, VITTER, WALSWORTH, WELCH, WESTON, WIGGINS, WILKERSON, WILLARD- AN ACT LEWIS, AND WRIGHT To enact R.S. 33:2923.1, relative to local finance; to authorize political AN ACT subdivisions to issue certificates of indebtedness for certain To amend and reenact R.S. 27:101(A), 266(A), and 322(A), relative to customary and necessary benefits; to provide for terms and gaming establishments; to prohibit use of property titles for gaming procedures for such issuance; and to provide for related matters. activities; and to provide for related matters. HOUSE BILL NO. 2409— HOUSE BILL NO. 43— BY REPRESENTATIVE MARIONNEAUX AND SENATOR GREENE BY REPRESENTATIVE WARNER AN ACT AN ACT To enact R.S. 56:318.1, relative to fishing; to provide relative to fishing To amend and reenact R.S. 14:100(C)(2), relative to the crime of hit- tournaments; to provide definitions, terms, conditions, and-run driving; to increase the penalty where death or serious requirements, and procedures; to provide for special permits for the bodily injury results from the accident; and to provide for related possession of certain fish; to provide for applications; and to matters. provide for related matters. HOUSE BILL NO. 44 (Duplicate of Senate Bill No. 1286)— HOUSE BILL NO. 2444— BY REPRESENTATIVE WARNER AND SENATOR DARDENNE BY REPRESENTATIVES BRUN AND THOMPSON AND SENATOR SHORT AN ACT AN ACT To enact R.S. 40:964(Schedule II)(D)(2), relative to controlled To enact R.S. 17:181, relative to public elementary school students; to dangerous substances; to add Gamma Hydroxybutyric Acid as a require each governing authority of a public elementary school to Schedule II depressant; and to provide for related matters. implement a reading program at each elementary school in accordance with certain guidelines; to provide for certain reports; HOUSE BILL NO. 79— to require the inclusion of reported information in school progress BY REPRESENTATIVE BARTON profiles; to provide for implementation and effectiveness; and to AN ACT provide for related matters. To amend and reenact R.S. 13:1880(A), relative to the qualifications of marshals of city courts; to provide for residence and educational requirements; to provide exceptions; and to provide for related matters. Page 96 SENATE 47th DAY'S PROCEEDINGS June 16, 1997

HOUSE BILL NO. 84— HOUSE BILL NO. 160— BY REPRESENTATIVE FLAVIN BY REPRESENTATIVE LONG AN ACT AN ACT To amend and reenact R.S. 15:708(A)(1) and to enact R.S. 30:2536(E), To enact R.S. 13:2614, relative to justice of the peace courts; to provide relative to limitation of liability; to include litter detail within labor for territorial jurisdiction of justice of the peace courts and permitted by prisoners; to limit the liability of the sheriff for injury constables in Natchitoches Parish; and to provide for related or loss sustained by or caused by a prisoner except for intentional matters. or grossly negligent acts; and to provide for related matters. HOUSE BILL NO. 161— HOUSE BILL NO. 91— BY REPRESENTATIVE MCCAIN BY REPRESENTATIVES DUPRE, DOWNER, GAUTREAUX, MCDONALD, AN ACT AND MARIONNEAUX To amend and reenact Code of Civil Procedure Art. 4843(E)(1) and to AN ACT enact Code of Civil Procedure Art. 4843(F), relative to trial courts To amend and reenact R.S. 14:30.1(A)(2), relative to the crime of of limited jurisdiction; to increase the amount in dispute for civil second degree murder; to include second degree kidnapping as one jurisdiction of the city court in Plaquemine; and to provide for of the crimes during the perpetration of which a killing of a person related matters. constitutes second degree murder; and to provide for related matters. HOUSE BILL NO. 180— BY REPRESENTATIVES BARTON AND SCHNEIDER HOUSE BILL NO. 105— AN ACT BY REPRESENTATIVE DUPRE To amend and reenact R.S. 14:108(B)(2), relative to the crime of AN ACT resisting an officer; to include city marshals and deputies as To amend and reenact Code of Criminal Procedure Art. 814(A)(10), "officers" for purposes of the crime; and to provide for related relative to responsive verdicts in criminal trials; to change the matters. order in which "simple rape" and "sexual battery" appear as responsive verdicts to the crime of forcible rape; and to provide for HOUSE BILL NO. 184— related matters. BY REPRESENTATIVE DIMOS AN ACT HOUSE BILL NO. 109— To amend and reenact Code of Civil Procedure Article 5186, relative to BY REPRESENTATIVES SALTER, DIMOS, FRUGE, JOHNS, MCCALLUM, payment of costs incurred by indigents; to provide for the filing and MCMAINS, AND WRIGHT AN ACT the effect of recordation of an affidavit of account; and to provide To enact R.S. 17:416.11, relative to liability of school employees; to for related matters. provide that certain employees of school boards and approved HOUSE BILL NO. 185— nonpublic schools shall not be liable for acts related to their BY REPRESENTATIVE DIMOS employment duties except in certain circumstances; and to provide AN ACT for related matters. To amend and reenact Code of Civil Procedure Articles 2127.2(A) and (B) and 2127.3, relative to preparation of the record on appeal; to HOUSE BILL NO. 113— require the delivery of the transcript to the clerk of court five days BY REPRESENTATIVES ANSARDI, BRUNEAU, LANCASTER, AND MONTGOMERY AND SENATOR DARDENNE prior to the return date; and to provide for related matters. AN ACT To amend and reenact R.S. 27:13(C)(6) and to enact R.S. 27:24(D), and asked that the President of the Senate affix his signature to the relative to the Louisiana Gaming Control Board; to remove the same. authority of the board to adopt certain prohibitions against gaming licensees and permittees contributing to candidates or committees; Respectfully submitted, to prohibit board members and employees and their family ALFRED W. SPEER members from receiving a contribution or loan from gaming Clerk of the House of Representatives licensees and permittees; to provide that the board shall not adopt rules regarding campaign finance more restrictive than the The House Bills and Joint Resolutions contained herein were Campaign Finance Disclosure Act; and to provide for related signed by the President of the Senate. matters. Privilege Report of the Committee on HOUSE BILL NO. 118— Senate and Governmental Affairs BY REPRESENTATIVES CARTER, BRUCE, HEATON, KENNARD, PERKINS, AND ROMERO AND SENATORS FIELDS AND SHORT AN ACT ENROLLMENTS To enact R.S. 14:52.1, relative to simple arson; to create the crime of simple arson of a religious building; to provide penalties; and to Senator Dardenne, Chairman on behalf of the Committee on provide for related matters. Senate and Governmental Affairs, submitted the following report: HOUSE BILL NO. 119— June 16, 1997 BY REPRESENTATIVES CARTER, BRUCE, HEATON, KENNARD, PERKINS, ROMERO, AND THOMPSON AND SENATORS FIELDS AND SHORT To the President and Members of the Senate: AN ACT To enact R.S. 14:62.6, relative to simple burglary; to create the crime of I am directed by your Committee on Senate and Governmental simple burglary of a religious building; to provide penalties; and to Affairs to submit the following report: provide for related matters. The following Senate Resolutions have been properly enrolled: 47th DAY'S PROCEEDINGS Page 97 SENATE June 16, 1997

SENATE RESOLUTION NO. 51— SENATE BILL NO. 145— BY SENATOR SHORT BY SENATORS BARHAM AND JONES AND REPRESENTATIVE A RESOLUTION THOMPSON To express the condolences of the Senate of the Legislature of Louisiana AN ACT upon the death of Sergeant Major David W. Langlois. To enact R.S. 38:330, relative to levee districts; to authorize such districts to act jointly in certain circumstances; to provide certain SENATE RESOLUTION NO. 53— limitations to such joint endeavors; and to provide for related BY SENATOR THEUNISSEN matters. A RESOLUTION To recognize and commend Monsignor Charles J. Dubois on a lifetime SENATE BILL NO. 235— of outstanding achievements, accomplishments, and devoted BY SENATOR LANDRY service to the Roman Catholic Church. AN ACT To amend and reenact R.S. 45:162(18) and 1177(A)(1), relative to Respectfully submitted, motor carriers; to provide relative to definitions; to provide relative JAY DARDENNE to the inspection and supervision fee levied on motor carriers and Chairman public utilities; to provide relative to the gross receipts of motor carriers for purposes of measuring the fee; to provide for an The foregoing Senate Resolutions were signed by the President of effective date; and to provide for related matters. the Senate and presented to the Secretary of State by the Secretary. SENATE BILL NO. 470— BY SENATORS COX, DARDENNE, JONES, BAGNERIS, BARHAM, Privilege Report of the Committee on ELLINGTON, GREENE, JORDAN, BAJOIE, BEAN, BRANCH, CAIN, CAMPBELL, CASANOVA, CRAVINS, DYESS, EWING, FIELDS, GUIDRY, Senate and Governmental Affairs HAINKEL, HEITMEIER, HINES, HOLLIS, IRONS, LAMBERT, LANDRY, LENTINI, MALONE, ROMERO, SCHEDLER, SHORT, SIRACUSA, SMITH, AND THEUNISSEN AND REPRESENTATIVES A. ALEXANDER, ENROLLMENTS FAUCHEUX, KENNARD, MCCALLUM, THERIOT, TOOMY AND WARNER AN ACT Senator Dardenne, Chairman on behalf of the Committee on To enact R.S. 49:149.24, to provide with respect to state buildings; to Senate and Governmental Affairs, submitted the following report: provide for the name of the Third Circuit Court of Appeals Building in Lake Charles. June 16, 1997 SENATE BILL NO. 504— To the President and Members of the Senate: BY SENATOR HINES AN ACT I am directed by your Committee on Senate and Governmental To amend and reenact R.S. 33:381(C)(1)(a), relative to municipal Affairs to submit the following report: officers; to change the position of the chief of police in the city of Oakdale from that of an appointed position to that of an elected The following Senate Bills have been properly enrolled: position; to provide for a special election; to provide for effective date; and to provide for related matters. SENATE BILL NO. 14— BY SENATORS BEAN AND SCHEDLER AND REPRESENTATIVE HEATON SENATE BILL NO. 521— AN ACT BY SENATOR BEAN To amend and reenact R.S. 32:301, relative to motor vehicles; to require AN ACT lighted headlamps under certain atmospheric conditions; and to To amend and reenact R.S. 40:1300.83(2), (3), and (4), 1300.84(A), provide for related matters. the introductory paragraph of R.S. 1300.84(B) and (B)(4), 1300.85, 1300.86, 1300.87, 1300.88, 1300.89(B), (C), and (D), SENATE BILL NO. 27— 1300.90, 1300.91, 1300.92, 1300.93, 1300.94, 1300.95, BY SENATOR HAINKEL 1300.96, and 1300.97, relative to the Louisiana Kidney Health AN ACT Care Law; to remove the Louisiana Kidney Health Care Program To redesignate a portion of Wardline Road and a portion of Columbus from the direction of the Department of Health and Hospitals and Drive in Tangipahoa Parish as University Avenue; and to provide to place it under the direction of the Louisiana State University for related matters. Medical Center at Shreveport; to replace references to the department with references to the medical center; to replace SENATE BILL NO. 34— references to the secretary with references to the chancellor; and BY SENATORS LENTINI, SHORT, BAGNERIS, BAJOIE, BARHAM, BEAN, BRANCH, CAIN, CASANOVA, COX, CRAVINS, DARDENNE, DEAN, to provide for related matters. ELLINGTON, EWING, FIELDS, GREENE, HOLLIS, JONES, LAMBERT, LANDRY, ROBICHAUX, SCHEDLER, THEUNISSEN AND ULLO AND REPRESENTATIVE DUPRE SENATE BILL NO. 580— BY SENATORS HAINKEL, DARDENNE, EWING, BAGNERIS AND AN ACT SCHEDLER AND REPRESENTATIVE CLARKSON To enact R.S. 14:34.5 and Code of Criminal Procedure Art. AN ACT 814(A)(14.1), relative to assault and battery; to create the crime of To enact R.S. 40:46.2, relative to vital records; to provide for paternity disarming of a peace officer; to provide definitions; to provide establishment services; to provide duties for the state registrar of penalties; to provide for responsive verdicts; and to provide for vital records; to provide relative to ex officio notaries public; to related matters. provide an effective date; and to provide for related matters. SENATE BILL NO. 66 (DUPLICATE OF HOUSE BILL NO. SENATE BILL NO. 590— 846)— BY SENATORS HAINKEL, DARDENNE, EWING AND BAGNERIS BY SENATOR LANDRY AND REPRESENTATIVE WINDHORST AN ACT AN ACT To amend and reenact R.S. 46:460.21, relative to state payment of legal To repeal R.S. 32:295.1(I), relative to traffic violations; to provide fees and expenses in child protection cases; to provide for the cases relative to moving violations; to repeal provision for decrease in in which the state shall make such payments; to provide for fine under certain conditions; and to provide for related matters. approved expenses and documentation; and to provide for related matters. Page 98 SENATE 47th DAY'S PROCEEDINGS June 16, 1997

SENATE BILL NO. 591— MICHAEL S. BAER, III BY SENATORS HAINKEL, DARDENNE, EWING AND BAGNERIS Secretary of the Senate AN ACT To amend and reenact R.S. 36:477(C)(1), relative to the office of GAYE F. HAMILTON community services of the Department of Social Services; to Journal Clerk provide for the purposes and functions of the office; to provide an effective date; and to provide for related matters. SENATE BILL NO. 596— BY SENATORS HAINKEL, DARDENNE, EWING, BAGNERIS AND SCHEDLER AN ACT To enact R.S. 46:236.10, relative to the child support enforcement program within the Department of Social Services; to create an automated state case registry of child support orders; to provide relative to linking of local registries; to define elements of the registry; to authorize exchange of information; to provide with respect to the federal case registry of child support orders; to provide with respect to the federal parent locator service; and to provide for related matters. SENATE BILL NO. 1093— BY SENATORS HAINKEL AND SCHEDLER AND REPRESENTATIVE WINSTON AN ACT To designate Louisiana Highway 3228 which connects Louisiana Highway 22 and North Causeway Boulevard Service Road located in St. Tammany Parish as Asbury Drive; and to provide for related matters. SENATE BILL NO. 1112— BY SENATOR DARDENNE AND REPRESENTATIVES FORSTER AND WIGGINS AN ACT To amend and reenact R.S. 23:1121(B) and 1124, relative to workers' compensation; to provide for expedited hearing relative to examination of injured employee; to provide with respect to refusal to submit to medical examinations; to provide for expedited hearing; and to provide for related matters. SENATE BILL NO. 1114— BY SENATOR DARDENNE AND REPRESENTATIVE FORSTER AN ACT To enact R.S. 23:1208(C)(4), relative to workers' compensation; to provide with respect to misrepresentations concerning benefits; to provide for definition; to provide for penalties; and to provide for related matters. SENATE BILL NO. 1450— BY SENATOR GUIDRY AN ACT To enact Chapter 13-B of Title 33 of the Louisiana Revised Statutes of 1950, to be comprised of R.S. 33:4720.25 through 4720.33, all relative to the sale and donation of abandoned or blighted housing in municipalities and parishes; to provide for a redemptive period; to provide for post-adjudication notices; to provide for liability; and to provide for related matters. Respectfully submitted, JAY DARDENNE Chairman The foregoing Senate Bills were signed by the President of the Senate and the Speaker of the House of Representatives and presented to the Governor by the Secretary. Adjournment Senator Bagneris moved that the Senate adjourn until Tuesday, June 17, 1997 at 9:00 o'clock A.M. The President of the Senate declared the Senate adjourned until 9:00 o'clock A.M. on Tuesday, June 17, 1997.