OFFICIAL JOURNAL Messages from the Governor OF THE The following messages from the Governor were received and SENATE read as follows: OF THE STATE OF STATE OF LOUISIANA ______Office of the Governor FORTY-SECOND DAY'S PROCEEDINGS June 8, 2004 ______Thirtieth Regular Session of the Legislature To the Honorable President of the Senate: Under the Adoption of the Constitution of 1974 Please be advised that the following individuals have been ______commissioned as Notaries Public for the parishes indicated 05-17-04 through 06-04-04. In compliance with Article IV, Section 5(H)(3) of Senate Chamber State Capitol the Louisiana Constitution of 1974, I hereby present them for your Baton Rouge, Louisiana review. Friday, June 11, 2004 Appreciatively, Kathleen Babineaux Blanco The Senate was called to order at 9:30 o'clock A.M., by Hon. Governor Donald E. Hines, President of the Senate. Acadia Allen ROLL CALL Todd M. Swartzendruber Sandra Rawlings Henry 1021 N. Avenue G, Apt. 12 P.O. Box 163 The roll being called, the following members answered to their Crowley, La 70526 Ragley, La 70657 names: Ascension PRESENT Lyn S. Savoie P.O. Box 3513 Mr. President Dupre Kostelka Baton Rouge, La 70821 Adley Ellington Lentini Amedee Fields Malone Avoyelles Bajoie Fontenot Marionneaux Marilyn Monsour Blalock Rebecca M. Laborde Barham Gautreaux, B McPherson 4246 Aspen Court P.O. Box 806 Boasso Gautreaux, N Michot Pineville, La 71360 Marksville, La 71351 Boissiere Hainkel Mount Cain Heitmeier Nevers Bossier Chaisson Holden Schedler Dianna R. Arnold Carrie Jean Ball English Cheek Hollis Smith 611 Laura Lane 201 Hayes Ball Rd. Cravins Irons Theunissen Haughton, La 71037 Haughton, La 71037 Dardenne Jackson Ullo Duplessis Jones Dale N. Montgomery, II Debra B. Opperman Total—38 P.O. Box 69 419 Maple Ridge ABSENT Benton, La 71006 Bossier City, La 71111

Romero Caddo Total—1 Kimberly Barr Melody Bassett P.O. Box 312 6007 Financial Plaza, Ste. 704 The President of the Senate announced there were 38 Senators Vivian, La 71082 Shreveport, La 71129 present and a quorum. Lacinda Brantley Rebecca M. Gilley Prayer 3215 Knight St., Apt. 172 6007 Financial Plaza, Ste. 704 Shreveport, La 71105 Shreveport, La 71129 The prayer was offered by Pastor Ernest Morris, following which the Senate joined in pledging allegiance to the flag of the United John Marshall Rice States of America. 1030 Kings Hwy. Shreveport, La 71104 Reading of the Journal Calcasieu On motion of Senator Bajoie, the reading of the Journal was Faye Forsythe Gloria L. Longoria Hardesty dispensed with and the Journal of yesterday was adopted. 3522 McKinley St. 3616 Ryan St. Lake Charles, La 70607 Lake Charles, La 70605 Morning Hour Joel M. Lutz

1533 Page 2 SENATE 42nd DAY'S PROCEEDINGS June 11, 2004

1114 Ryan St. Renee' A. Dupuis Bobby Robertson George Lake Charles, La 70601 520 Robert Lee Circle 2014 W. Pinhook, Ste. 100 Lafayette, La 70506 Lafayette, La 70508 Concordia Desoto Gayle M. Cowan Twilla Dyess Jacqueline M. Godeaux Jessica M. Hughes 3215 Dunbarton Rd. 877 Hwy. 171 S., Apt. 29 208 Burlington Ave. 106 Longpoint Rd. Ferriday, La 71334 Stonewall, La 71078 Broussard, La 70518 Youngsville, La 70592

East Baton Rouge Benjamin N. Mader Annette V. Meaux Dorie Abadie Phillip L. Alleman 406 Dafney Dr. 3505 Golden Grain Rd. 10305 Springrose Ave. 16195 State Bank Dr., Ste. 400 Lafayette, La 70503 Rayne, La 70578 Baton Rouge, La 70810 Prairieville, La 70769 Darlene Monette Sally Theresa Segura Marcy C. Bienvenu Scott David Chenevert 218 Nova Scotia Dr. 1300 Lady of the Lake Rd. 2336 Dawson's Creek Lane 8555 United Plaza Blvd., 5th FL. Lafayette, La 70507 Saint Martinville, La 70582 Baton Rouge, La 70808 Baton Rouge, La 70809 Lasalle Diane J. Ourso Rhonda Payne Candace G. Poole 1223 East Stanwick Place 6067 Mire Hwy. P.O. Drawer 2075 Baton Rouge, La 70810 Church Point, La 70525 Jena, La 71342

Lincoln Beverly C. Robinson-Downs Dominique Jones Sam Stacie Ambrose Cheryl J. Anderson 300 Louisiana Ave. 1885 North Third St. P.O. Box 344 1610 Furman St. Baton Rouge, La 70802 Baton Rouge, La 70802 Choudrant, La 71227 Ruston, La 71270

Yokeetta Williams Tillman John Wesley Williams, Jr. Livingston 855 S. Flannery Rd. #329 2900 Moss St., Ste. B Jacquelyn J. Reed Jason M. Verdigets Baton Rouge, La 70815 Lafayette, La 70501 440 Foster St. 35995 Portsmouth Denham Springs, La 70726 Denham Springs, La 70706 Evangeline Judy Lormand Kathy Fontenot Meyers 202 East St. P.O. Box 268 Madison Natchitoches Ville Platte, La 70586 Ville Platte, La 70586 Len Neumann Janice M. Cross 13 Crothers Dr. 5879 Hwy.. 1 By-pass Rick Miller Tallulah, La 71282 Natchitoches, La 71457 357 Colt Ave. Ville Platte, La 70586 Sylvia L. McGaskey Betty S. St. Andrie 244 Keyser Ave. P.O. Box 602 Grant Iberia Natchitoches, La 71457 Montgomery, La 71454 Betty S. St. Andrie Carl S. Jolivette P.O. Box 602 511 Orleans Ave. Orleans Montgomery, La 71454 New Iberia, La 70563 Janet M. Buggee David S. Daly 909 Poydras St., Ste. 2000 3900 N. Causeway, Ste. 1450 Jefferson , La 70112 Metairie, La 70002 Kristen J. Bryant Brian J. Eiselen 1546 Gretna Blvd. 525 Huey P. Long Ave. Vicki A. Elmer Sally Dunlap Fleming Harvey, La 70058 Gretna, La 70053 909 Poydras St., Ste. 2500 522 Calhoun St. New Orleans, La 70112 New Orleans, La 70118 Ronald J. Guillot, Jr. Mei-Yee Kung 701 Poydras St., Ste. 4700 3350 Ridgelake Dr., Ste. 200 Suzan E. Jackson Shirley H. Kirkes New Orleans, La 70139 Metairie, La 70002 5790 Crowder Blvd. 2941 N. Rampart New Orleans, La 70127 New Orleans, La 70117 Ery M. Saint-Louis William Allen Schafer P.O. Box 339 8480 Hwy. 23, Ste. 300 Peter Michael Mansfield Harvey, La 70059 Belle Chasse, La 70037 701 Poydras St., Ste. 4500 New Orleans, La 70139 Lafayette William J. Bayard, III Kelly D. Delhomme Ouachita 109 Stewart St. 201 W. Butcher Switch Rd. Tonya Courson Kimberly S. Duke Lafayette, La 70502 Lafayette, La 70507 P.O. Box 2954 3355 Deborah Dr.

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West Monroe, La 71294 Monroe, La 71201 135 Oak Dr. 1300 Lady of the Lake Rd. St. Martinville, La 70582 St. Martinville, La 70582 Allison Flowers Travis Oliver, IV 246 John Kent Rd. P.O. Box 2484 Angela U. Theriot Calhoun, La 71225 Monroe, La 71207 4584 Catahoula Hwy. St. Martinville, La 70582 Rapides Elizabeth Ashley Brunet-Robert Rita Ellis St. Tammany 701 Murray St. 5211 Crestwood Dr. Heather W. Blackburn Tiffany M. Carrasco Alexandria, La 71309 Alexandria, La 71301 5100 Village Walk, Ste. 300 67176 Preacher Kennedy Rd. Covington, La 70433 Pearl River, La 70452 Michael C. Monceaux 4601 Coliseum Blvd. Pamela B. Eiffert Matthew D. Monson Alexandria, La 71303 222 Baronne St. 2014 Green Court New Orleans, La 70112 Mandeville, La 70448 Sabine Vicki Cook Nikki Lynn Colette A. Salter Anne Arata Spell 1373 S. Nolan Trace 182 Donna St. 182 Live Oak St. 943 Ellis St. Florien, La 71429 Many, La 71449 Mandeville, La 70448 Franklinton, La 70438

Tonya Parker Orsborn Pauline F. Simoneau Doyle P. Spell, Jr. 1000 Fisher Rd. 1000 Fisher Rd. 943 Ellis St. Many, La 71449 Many, La 71449 Franklinton, La 70438

St. Bernard St. Charles Tangipahoa Tensas Michael R. Sanchez Nicole E. Hadaway Tasha Lamkin-Dameron Phyllis Landers Stewart P.O. Box 784 One Shell Square, 50th FL. P.O. Box 1404 5 West Circle Dr. Meraux, La 70075 New Orleans, La 70139 Hammond, La 70404 Vidalia, La 71373

St. Landry Terrebonne Josephine R. Barrow Byron D. Boudreaux David H. Duval 115 Saylock Ln. 1537 Alberta St. P.O. Box 3017 Opelousas, La 70570 Opelousas, La 70570 Houma, La 70361

Dorothy M. Labrie Leslie D. Lacroix 751 Opal St. 3586 Hwy. 359 Introduction of Eunice, La 70535 Washington, La 70589 Senate Concurrent Resolutions

Tressa O. Miller Brenda V. Ortego Senator Bajoie asked for and obtained a suspension of the rules 4766 I 49 N. Service Rd. 2373 Hemlock Dr. for the purpose of introducing and reading the following Senate Opelousas, La 70570 Opelousas, La 70570 Concurrent Resolutions a first and second time and acting upon them as follows:

Roy J. Richard, Jr. Donald Robinson, Jr. SENATE CONCURRENT RESOLUTION NO. 154— P.O. Box 868 P.O. Box 264 BY SENATOR MARIONNEAUX Opelousas, La 70571 Washington, La 70589 A CONCURRENT RESOLUTION To urge and request the Joint Legislative Committee on Capital Dane A. St. Cyr Bridgette Soileau Outlay, with the assistance of and input from the commissioner 190 Harmon Ln. 100 W. Belllevue of administration, to develop recommendations for a new capital Opelousas, La 70570 Opelousas, La 70570 outlay budget process that encompasses a true priority system for capital projects throughout the state of Louisiana. Kenneth L. Turner Christie Veazey 550 West Laurel St. 145 Campbell Dr. The resolution was read by title. Senator Marionneaux moved Eunice, La 70535 Opelousas, La 70570 to adopt the Senate Concurrent Resolution. ROLL CALL Brenda Venable 100 Jeanne St. The roll was called with the following result: Eunice, La 70535 YEAS St. Martin Anita W. Moak Sally T. Segura Mr. President Dupre Kostelka

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Adley Ellington Lentini HOUSE CONCURRENT RESOLUTION NO. 279— Amedee Fields Marionneaux BY REPRESENTATIVE BAUDOIN Bajoie Fontenot Michot A CONCURRENT RESOLUTION Barham Gautreaux, B Mount To urge and request the Department of Health and Hospitals, the Cain Gautreaux, N Nevers Department of Environmental Quality, the Department of Chaisson Hainkel Smith Wildlife and Fisheries, and the Department of Agriculture and Cheek Holden Theunissen Forestry and to urge and request the federal agency for toxic Dardenne Hollis Ullo substances and disease registry to cooperate in a study to Duplessis Jones determine the immediate risks to and the cumulative impact on Total—29 humans, crops, wildlife, and fisheries living and or located in NAYS areas within a close proximity to chemical and petrochemical plants in Louisiana, particularly facilities involved in the Total—0 handling of hazardous waste and the environmental impact of ABSENT such entities in the areas in which they are located, especially the increased rate of cancer that occurs in the industrial corridor Boasso Irons Romero of the state that has come to be known as "Cancer Alley". Boissiere Jackson Schedler Cravins Malone HOUSE CONCURRENT RESOLUTION NO. 312— BY REPRESENTATIVE DURAND Heitmeier McPherson A CONCURRENT RESOLUTION Total—10 T o urge and request the Department of Health and Hospitals to investigate, study, and develop a plan or strategy to modernize The Chair declared the Senate had adopted the Senate and improve the state mental health system, focusing Concurrent Resolution and ordered it sent to the House. particularly on an assessment of the current operation and maintenance of Eastern Louisiana Mental Health System, Messages from the House State Hospital, the New Orleans Adolescent Hospital, and Southeast Louisiana Hospital, with the resulting The following Messages from the House were received and read plan or strategy detailing how Louisiana can modify the current as follows: system to reflect the best practices in mental health care today.

Message from the House Respectfully submitted, ALFRED W. SPEER ASKING CONCURRENCE IN Clerk of the House of Representatives HOUSE CONCURRENT RESOLUTIONS House Concurrent Resolutions June 11, 2004 Senator Bajoie asked for and obtained a suspension of the rules To the Honorable President and Members of the Senate: to take up at this time the following House Concurrent Resolutions just received from the House which were taken up, read a first and I am directed to inform your honorable body that the House of second time by their titles and acted upon as follows: Representatives has finally passed and asks your concurrence in the following House Concurrent Resolutions: HOUSE CONCURRENT RESOLUTION NO. 218— BY REPRESENTATIVES RICHMOND AND DORSEY HOUSE CONCURRENT RESOLUTION NO. 218— A CONCURRENT RESOLUTION BY REPRESENTATIVES RICHMOND AND DORSEY To create the Domestic Violence Law Enforcement Training Task A CONCURRENT RESOLUTION Force to study current domestic violence training procedures for To create the Domestic Violence Law Enforcement Training Task all Louisiana law enforcement officers and to make Force to study current domestic violence training procedures for recommendations to the legislature. all Louisiana law enforcement officers and to make recommendations to the legislature. On motion of Senator Bajoie, the resolution was read by title and referred to the Committee on Judiciary B. HOUSE CONCURRENT RESOLUTION NO. 270— BY REPRESENTATIVE BROOME HOUSE CONCURRENT RESOLUTION NO. 270— A CONCURRENT RESOLUTION BY REPRESENTATIVE BROOME To urge and request the House and Senate Committees on Health and A CONCURRENT RESOLUTION Welfare to evaluate, research, and analyze policies, programs, To urge and request the House and Senate Committees on Health and statutes, and regulations to develop a comprehensive work plan Welfare to evaluate, research, and analyze policies, programs, that removes barriers impeding community-based alternatives, statutes, and regulations to develop a comprehensive work plan effectively and efficiently utilizes long-term care resources, and that removes barriers impeding community-based alternatives, is responsive to the support service needs of disabled and aged effectively and efficiently utilizes long-term care resources, and persons in the most integrated settings possible. is responsive to the support service needs of disabled and aged persons in the most integrated settings possible.

1536 42nd DAY'S PROCEEDINGS Page 5 SENATE June 11, 2004

The resolution was read by title. Senator Fields moved to Adley Ellington Lentini concur in the House Concurrent Resolution. Bajoie Fields Marionneaux Barham Fontenot McPherson ROLL CALL Boasso Gautreaux, B Michot Cain Gautreaux, N Mount The roll was called with the following result: Chaisson Heitmeier Nevers Cheek Holden Smith YEAS Dardenne Hollis Theunissen Duplessis Irons Ullo Mr. President Dupre Kostelka Total—30 Adley Ellington Lentini NAYS Amedee Fields Marionneaux Total—0 Bajoie Fontenot McPherson ABSENT Barham Gautreaux, B Michot Boasso Gautreaux, N Mount Amedee Hainkel Malone Cain Hainkel Nevers Boissiere Jackson Romero Chaisson Holden Smith Cravins Kostelka Schedler Cheek Hollis Theunissen Total—9 Dardenne Irons Ullo Duplessis Jones The Chair declared the Senate had concurred in the House Total—32 Concurrent Resolution and ordered it returned to the House. NAYS HOUSE CONCURRENT RESOLUTION NO. 312— Total—0 BY REPRESENTATIVE DURAND ABSENT A CONCURRENT RESOLUTION To urge and request the Department of Health and Hospitals to investigate, study, and develop a plan or strategy to modernize Boissiere Jackson Schedler Cravins Malone and improve the state mental health system, focusing Heitmeier Romero particularly on an assessment of the current operation and maintenance of Eastern Louisiana Mental Health System, Total—7 Central Louisiana State Hospital, the New Orleans Adolescent The Chair declared the Senate had concurred in the House Hospital, and Southeast Louisiana Hospital, with the resulting Concurrent Resolution and ordered it returned to the House. plan or strategy detailing how Louisiana can modify the current system to reflect the best practices in mental health care today. HOUSE CONCURRENT RESOLUTION NO. 279— BY REPRESENTATIVE BAUDOIN The resolution was read by title. Senator Hines moved to concur A CONCURRENT RESOLUTION in the House Concurrent Resolution. To urge and request the Department of Health and Hospitals, the Department of Environmental Quality, the Department of ROLL CALL Wildlife and Fisheries, and the Department of Agriculture and Forestry and to urge and request the federal agency for toxic The roll was called with the following result: substances and disease registry to cooperate in a study to determine the immediate risks to and the cumulative impact on YEAS humans, crops, wildlife, and fisheries living and or located in areas within a close proximity to chemical and petrochemical Mr. President Ellington Lentini plants in Louisiana, particularly facilities involved in the Adley Fields Marionneaux handling of hazardous waste and the environmental impact of Bajoie Fontenot McPherson such entities in the areas in which they are located, especially Barham Gautreaux, B Michot the increased rate of cancer that occurs in the industrial corridor Boasso Gautreaux, N Mount of the state that has come to be known as "Cancer Alley". Cain Hainkel Nevers Chaisson Holden Smith The resolution was read by title. Senator Hines moved to concur Cheek Hollis Theunissen in the House Concurrent Resolution. Dardenne Irons Ullo Duplessis Jones ROLL CALL Dupre Kostelka Total—31 The roll was called with the following result: NAYS

YEAS Total—0 ABSENT Mr. President Dupre Jones

1537 Page 6 SENATE 42nd DAY'S PROCEEDINGS June 11, 2004

Amedee Heitmeier Romero HOUSE CONCURRENT RESOLUTION NO. 177— Boissiere Jackson Schedler BY REPRESENTATIVE SALTER Cravins Malone A CONCURRENT RESOLUTION Total—8 To create a task force to study the effects on regular education classes of the increase in the number of students identified as The Chair declared the Senate had concurred in the House Section 504 students and to provide for the task force to submit Concurrent Resolution and ordered it returned to the House. a written report of its findings and recommendations to the House Committee on Education and the Senate Committee on House Concurrent Resolutions Education prior to the beginning of the 2005 Regular Session. on Second Reading The resolution was read by title. Senator Smith moved to concur in the House Concurrent Resolution. T he following House Concurrent Resolutions were read and acted upon as follows: ROLL CALL HOUSE CONCURRENT RESOLUTION NO. 159— BY REPRESENTATIVE SHEPHERD The roll was called with the following result: A CONCURRENT RESOLUTION To urge and request the Louisiana State Law Institute to study the YEAS procedures for providing notice of executory judgments and to make specific recommendations for revisions to Louisiana laws Mr. President Duplessis Jones in order to bring uniformity of procedures and to ensure Adley Dupre Lentini adequate notice to judgment debtors. Amedee Ellington Marionneaux Bajoie Fields McPherson The resolution was read by title. Senator Ullo moved to concur Barham Gautreaux, B Michot in the House Concurrent Resolution. Boasso Gautreaux, N Mount Cain Hainkel Nevers ROLL CALL Chaisson Holden Smith Cheek Hollis Theunissen The roll was called with the following result: Dardenne Irons Ullo Total—30 YEAS NAYS

Mr. President Dupre Kostelka Total—0 Adley Ellington Lentini ABSENT Bajoie Fields Marionneaux Barham Gautreaux, B McPherson Boissiere Heitmeier Malone Boasso Gautreaux, N Michot Cravins Jackson Romero Cain Hainkel Mount Fontenot Kostelka Schedler Chaisson Holden Nevers Total—9 Cheek Hollis Smith Dardenne Irons Theunissen The Chair declared the Senate had concurred in the House Duplessis Jones Ullo Concurrent Resolution and ordered it returned to the House. Total—30 NAYS HOUSE CONCURRENT RESOLUTION NO. 179— BY REPRESENTATIVES MARCHAND AND MURRAY A CONCURRENT RESOLUTION Total—0 To urge and request collaboration with the Department of Health and ABSENT Hospitals to study any unintended, negative effects on students of the implementation of the Louisiana Educational Assessment Amedee Fontenot Malone Program for the 21st Century (LEAP 21) for the time period of Boissiere Heitmeier Romero 1999 through 2004. Cravins Jackson Schedler Total—9 On motion of Senator Bajoie, the resolution was read by title and referred to the Committee on Education. The Chair declared the Senate had concurred in the House Concurrent Resolution and ordered it returned to the House. HOUSE CONCURRENT RESOLUTION NO. 180— BY REPRESENTATIVE DOVE A CONCURRENT RESOLUTION To urge and request the Department of Natural Resources, the Department of Environmental Quality, and the Department of Wildlife and Fisheries to work cooperatively to attain a goal of

1538 42nd DAY'S PROCEEDINGS Page 7 SENATE June 11, 2004

taking no more than forty-five days to process drilling permits Cheek Irons Ullo and coastal use permits. Dardenne Jackson Duplessis Jones The resolution was read by title. Senator Dupre moved to Total—31 concur in the House Concurrent Resolution. NAYS

ROLL CALL Total—0 ABSENT The roll was called with the following result: Boissiere Heitmeier Romero YEAS Cravins Kostelka Schedler Fontenot Lentini Mr. President Dupre Malone Total—8 Adley Ellington Marionneaux Amedee Fields McPherson The Chair declared the Senate had concurred in the House Bajoie Gautreaux, B Michot Concurrent Resolution and ordered it returned to the House. Barham Gautreaux, N Mount Boasso Holden Nevers HOUSE CONCURRENT RESOLUTION NO. 198— Cain Hollis Smith BY REPRESENTATIVE ST. GERMAIN A CONCURRENT RESOLUTION Chaisson Irons Theunissen To urge and request the Department of Transportation and Cheek Jackson Ullo Dardenne Jones Development to study the practicality and feasibility of Duplessis Lentini installing traffic control signals at the intersection of Louisiana Total—31 Highway 402 and and the intersection of NAYS Louisiana Highway 70 and Lee Drive in Assumption Parish. The resolution was read by title. Senator Amedee moved to Total—0 ABSENT concur in the House Concurrent Resolution.

Boissiere Hainkel Romero ROLL CALL Cravins Heitmeier Schedler Fontenot Kostelka The roll was called with the following result: Total—8 YEAS The Chair declared the Senate had concurred in the House Concurrent Resolution and ordered it returned to the House. Mr. President Ellington Malone Adley Fields Marionneaux HOUSE CONCURRENT RESOLUTION NO. 196— Bajoie Gautreaux, B McPherson BY REPRESENTATIVE SMILEY Barham Gautreaux, N Michot A CONCURRENT RESOLUTION Boasso Hainkel Mount To request the Department of Transportation and Development to Cain Holden Nevers install a red light at the intersection of Louisiana Highway 42 Chaisson Hollis Smith and in the village of Port Vincent. Cheek Irons Theunissen Dardenne Jackson Ullo The resolution was read by title. Senator Amedee moved to Duplessis Jones concur in the House Concurrent Resolution. Dupre Lentini Total—31 ROLL CALL NAYS

The roll was called with the following result: Total—0 ABSENT YEAS Amedee Fontenot Romero Mr. President Dupre Malone Boissiere Heitmeier Schedler Adley Ellington Marionneaux Cravins Kostelka Amedee Fields McPherson Total—8 Bajoie Gautreaux, B Michot Barham Gautreaux, N Mount The Chair declared the Senate had concurred in the House Boasso Hainkel Nevers Concurrent Resolution and ordered it returned to the House. Cain Holden Smith Chaisson Hollis Theunissen

1539 Page 8 SENATE 42nd DAY'S PROCEEDINGS June 11, 2004

HOUSE CONCURRENT RESOLUTION NO. 207— Cain Holden Nevers BY REPRESENTATIVE BROOME Chaisson Hollis Smith A CONCURRENT RESOLUTION Cheek Irons Theunissen To memorialize the United States Congress to increase and provide Dardenne Jackson Ullo for advanced funding for the federal Weatherization Assistance Duplessis Jones Program for low-income persons (WAP) and the Low-Income Ellington Lentini Home Energy Assistance Program (LIHEAP). Total—31 NAYS The resolution was read by title. Senator Fields moved to concur in the House Concurrent Resolution. Total—0 ABSENT ROLL CALL Amedee Dupre Romero The roll was called with the following result: Boissiere Fontenot Schedler Cravins Kostelka YEAS Total—8

Mr. President Dupre Jones The Chair declared the Senate had concurred in the House Adley Ellington Lentini Concurrent Resolution and ordered it returned to the House. Amedee Fields Malone Bajoie Gautreaux, B Marionneaux HOUSE CONCURRENT RESOLUTION NO. 214— Barham Gautreaux, N McPherson BY REPRESENTATIVE BEARD Boasso Hainkel Michot A CONCURRENT RESOLUTION Cain Heitmeier Mount To urge and request the Department of Transportation and Chaisson Holden Nevers Development to study and consider implementing new Cheek Hollis Smith technology regarding designing highways and highway building Dardenne Irons Theunissen materials which would prolong the life of concrete and asphalt Duplessis Jackson Ullo and accommodate overweight vehicles without the need for Total—33 excessive and frequent maintenance and to report its findings to NAYS the House and Senate Transportation, Highways and Public Works Committees prior to the convening of the 2005 Regular Total—0 Session. ABSENT The resolution was read by title. Senator Dardenne moved to Boissiere Fontenot Romero concur in the House Concurrent Resolution. Cravins Kostelka Schedler Total—6 ROLL CALL

The Chair declared the Senate had concurred in the House The roll was called with the following result: Concurrent Resolution and ordered it returned to the House. YEAS HOUSE CONCURRENT RESOLUTION NO. 208— BY REPRESENTATIVE DURAND Mr. President Dupre Jones A CONCURRENT RESOLUTION Adley Ellington Malone To urge and request the Department of Health and Hospitals, office Bajoie Fields Marionneaux of public health, to make vaccinations and prophylaxis available Barham Gautreaux, B McPherson to first responders upon the availability of funding. Boasso Gautreaux, N Michot Cain Hainkel Mount The resolution was read by title. Senator Hines moved to concur Chaisson Heitmeier Nevers in the House Concurrent Resolution. Cheek Holden Smith Dardenne Hollis Theunissen ROLL CALL Duplessis Jackson Ullo Total—30 The roll was called with the following result: NAYS

YEAS Total—0 ABSENT Mr. President Fields Malone Adley Gautreaux, B Marionneaux Amedee Fontenot Lentini Bajoie Gautreaux, N McPherson Boissiere Irons Romero Barham Hainkel Michot Cravins Kostelka Schedler Boasso Heitmeier Mount

1540 42nd DAY'S PROCEEDINGS Page 9 SENATE June 11, 2004

Total—9 ROLL CALL

The Chair declared the Senate had concurred in the House The roll was called with the following result: Concurrent Resolution and ordered it returned to the House. YEAS HOUSE CONCURRENT RESOLUTION NO. 226— BY REPRESENTATIVE FRITH Mr. President Dupre Kostelka A CONCURRENT RESOLUTION To urge and request the Department of Wildlife and Fisheries to Adley Ellington Malone Amedee Fields Marionneaux study the scheduling and management of muzzleloader season Bajoie Gautreaux, N McPherson for deer hunting. Barham Hainkel Michot Boasso Heitmeier Mount The resolution was read by title. Senator N. Gautreaux moved Cain Holden Nevers to concur in the House Concurrent Resolution. Chaisson Hollis Smith Cheek Irons Theunissen ROLL CALL Dardenne Jackson Ullo Duplessis Jones The roll was called with the following result: Total—32 NAYS YEAS Total—0 Mr. President Dupre Jackson ABSENT Adley Ellington Jones Bajoie Fields Malone Boissiere Gautreaux, B Schedler Barham Gautreaux, B Marionneaux Cravins Lentini Boasso Gautreaux, N McPherson Fontenot Romero Cain Hainkel Michot Total—7 Chaisson Heitmeier Mount Cheek Holden Nevers The Chair declared the Senate had concurred in the House Dardenne Hollis Smith Concurrent Resolution and ordered it returned to the House.

Duplessis Irons Ullo HOUSE CONCURRENT RESOLUTION NO. 237— Total—30 BY REPRESENTATIVE DOWNS NAYS A CONCURRENT RESOLUTION To urge and request the office of motor vehicles and the Board of Total—0 Elementary and Secondary Education to include in driver ABSENT education courses rules of the road regarding the need for slower traffic to keep right. Amedee Fontenot Romero Boissiere Kostelka Schedler The resolution was read by title. Senator Barham moved to Cravins Lentini Theunissen concur in the House Concurrent Resolution. Total—9 ROLL CALL The Chair declared the Senate had concurred in the House Concurrent Resolution and ordered it returned to the House. The roll was called with the following result:

HOUSE CONCURRENT RESOLUTION NO. 229— BY REPRESENTATIVE STRAIN YEAS A CONCURRENT RESOLUTION T o urge and request the Department of Transportation and Mr. President Dupre Jones Development to perform a traffic study at the intersection of Adley Ellington Kostelka Louisiana Highway 437 and Louisiana Highway 40 in Amedee Fields Malone Covington, Louisiana. Bajoie Gautreaux, B Marionneaux Barham Gautreaux, N McPherson The resolution was read by title. Senator Nevers moved to Boasso Hainkel Michot concur in the House Concurrent Resolution. Cain Heitmeier Mount Chaisson Holden Nevers Cheek Hollis Smith Dardenne Irons Theunissen Duplessis Jackson Ullo Total—33

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NAYS Cravins Romero Fontenot Schedler Total—0 Total—4 ABSENT The Chair declared the Senate had concurred in the House Boissiere Fontenot Romero Concurrent Resolution and ordered it returned to the House. Cravins Lentini Schedler Total—6 HOUSE CONCURRENT RESOLUTION NO. 252— BY REPRESENTATIVE MORRISH The Chair declared the Senate had concurred in the House A CONCURRENT RESOLUTION Concurrent Resolution and ordered it returned to the House. To create the Naturopathic Medicine Task Force to study the feasibility of licensing naturopathic physicians. HOUSE CONCURRENT RESOLUTION NO. 241— BY REPRESENTATIVE FAUCHEUX The resolution was read by title. Senator Theunissen moved to A CONCURRENT RESOLUTION concur in the House Concurrent Resolution. To memorialize the United States Congress to amend 18 U.S.C. 922(g)(1) to allow a person convicted of a crime punishable by ROLL CALL more than one year in prison to possess a firearm for the limited purpose of hunting. The roll was called with the following result:

On motion of Senator Amedee, the resolution was read by title YEAS and returned to the Calendar, subject to call. Mr. President Dupre Kostelka HOUSE CONCURRENT RESOLUTION NO. 243— Adley Ellington Lentini BY REPRESENTATIVE DURAND Amedee Fields Malone A CONCURRENT RESOLUTION To urge and request the Department of Transportation and Bajoie Gautreaux, B Marionneaux Barham Gautreaux, N McPherson Development to consider making recommendations for changes Boasso Hainkel Michot in qualifications for businesses applying for specific information Boissiere Heitmeier Mount logo signs along interstates and fully controlled access highway Cain Holden Nevers rights-of-way, and to report such recommendations to the Chaisson Hollis Smith House and Senate Transportation, Highways and Public Works Cheek Irons Theunissen Committees prior to the convening of the 2005 Regular Session. Dardenne Jackson Ullo Duplessis Jones The resolution was read by title. Senator Hines moved to concur Total—35 in the House Concurrent Resolution. NAYS

ROLL CALL Total—0 ABSENT The roll was called with the following result: Cravins Romero YEAS Fontenot Schedler Total—4 Mr. President Dupre Kostelka Adley Ellington Lentini The Chair declared the Senate had concurred in the House Amedee Fields Malone Concurrent Resolution and ordered it returned to the House. Bajoie Gautreaux, B Marionneaux Barham Gautreaux, N McPherson HOUSE CONCURRENT RESOLUTION NO. 253— Boasso Hainkel Michot BY REPRESENTATIVE CRANE Boissiere Heitmeier Mount A CONCURRENT RESOLUTION Cain Holden Nevers To urge and request the Board of Regents to use opportunities and Chaisson Hollis Smith resources available through the national "Changing Direction: Cheek Irons Theunissen Integrating Higher Education Financial Aid and Financing Dardenne Jackson Ullo Policies" project of the Western Interstate Commission for Duplessis Jones Higher Education to involve appropriate state officials in Total—35 activities and discussions that will facilitate the development of specific plans and recommendations pursuant to Act No. 1105 of the 2003 Regular Session relative to the formulation by the NAYS board and subsequent consideration for approval by the legislature of a state tuition and fee policy, will assist the board Total—0 in the development of a comprehensive state plan for ABSENT postsecondary student financial assistance, and will better

1542 42nd DAY'S PROCEEDINGS Page 11 SENATE June 11, 2004

enable the board to meet the need for overall state financial ROLL CALL strategies and policies that support the goals and objectives of the board's Master Plan for Public Postsecondary Education: The roll was called with the following result: 2001. YEAS The resolution was read by title. Senator Dardenne moved to concur in the House Concurrent Resolution. Mr. President Duplessis Jones Adley Dupre Kostelka ROLL CALL Amedee Ellington Lentini Bajoie Fields Marionneaux The roll was called with the following result: Barham Gautreaux, B McPherson Boasso Gautreaux, N Michot YEAS Boissiere Hainkel Mount Cain Heitmeier Nevers Mr. President Dupre Lentini Chaisson Holden Smith Adley Ellington Malone Cheek Hollis Theunissen Amedee Fields Marionneaux Bajoie Gautreaux, B McPherson Dardenne Irons Ullo Barham Gautreaux, N Michot Total—33 Boasso Hainkel Mount NAYS Boissiere Heitmeier Nevers Cain Holden Smith Total—0 Chaisson Hollis Theunissen ABSENT Cheek Irons Ullo Dardenne Jones Cravins Jackson Romero Duplessis Kostelka Fontenot Malone Schedler Total—34 Total—6 NAYS The Chair declared the Senate had concurred in the House Total—0 Concurrent Resolution and ordered it returned to the House. ABSENT HOUSE CONCURRENT RESOLUTION NO. 258— Cravins Jackson Schedler BY REPRESENTATIVES SHEPHERD AND HONEY Fontenot Romero A CONCURRENT RESOLUTION Total—5 To urge and request the Louisiana State Board of Private Investigator Examiners to take appropriate steps to provide for the offering The Chair declared the Senate had concurred in the House of courses in private investigation at Southern University. Concurrent Resolution and ordered it returned to the House. The resolution was read by title. Senator Fields moved to HOUSE CONCURRENT RESOLUTION NO. 256— concur in the House Concurrent Resolution. BY REPRESENTATIVE JACKSON A CONCURRENT RESOLUTION ROLL CALL To direct all pertinent health care provider licensing boards and commissions and law enforcement and firefighters associations The roll was called with the following result: to provide their licensees and professionals access to comprehensive hepatitis C continuing education information. YEAS

On motion of Senator Bajoie, the resolution was read by title and Mr. President Duplessis Jones referred to the Committee on Health and Welfare. Adley Dupre Kostelka Amedee Ellington Lentini HOUSE CONCURRENT RESOLUTION NO. 257— Bajoie Fields Marionneaux BY REPRESENTATIVE FRITH Barham Gautreaux, B McPherson A CONCURRENT RESOLUTION Boasso Gautreaux, N Michot T o urge and request charter fishing boat captains to respond to Boissiere Hainkel Mount surveys of effort conducted by the Department of Wildlife and Cain Heitmeier Nevers Fisheries. Chaisson Holden Smith The resolution was read by title. Senator N. Gautreaux moved Cheek Hollis Theunissen Dardenne Irons Ullo to concur in the House Concurrent Resolution. Total—33 NAYS

1543 Page 12 SENATE 42nd DAY'S PROCEEDINGS June 11, 2004

Total—0 education, including but not limited to the advantages and ABSENT disadvantages of such a governance structure and any potential cost savings associated therewith, and to report study findings Cravins Jackson Romero and recommendations in writing to the legislature, with copies Fontenot Malone Schedler sent to the House Committee on Education and the Senate Total—6 Committee on Education at least sixty days prior to the start of the 2005 Regular Session. The Chair declared the Senate had concurred in the House Concurrent Resolution and ordered it returned to the House. On motion of Senator Bajoie, the resolution was read by title and referred to the Committee on Education. Senator Ellington in the Chair HOUSE CONCURRENT RESOLUTION NO. 273— HOUSE CONCURRENT RESOLUTION NO. 259— BY REPRESENTATIVE DORSEY BY REPRESENTATIVE JEFFERSON A CONCURRENT RESOLUTION A CONCURRENT RESOLUTION To urge and request the Department of Public Safety and Corrections To urge and request the Louisiana State Law Institute to study the to request an opinion from the office of the attorney general enforcement of liens and privileges under the Private Works Act regarding the constitutionality of utilizing medications to and to make specific recommendations for revisions to Louisiana facilitate confessions prior to imposition of capital punishment laws in order to prevent homeowners from having to pay a and to examine the feasibility of utilizing medications to claimant for amounts due under a construction contract when facilitate confessions of other crimes prior to the imposition of such obligations have already been paid but have been capital punishment. misapplied or misappropriated by the general contractor. On motion of Senator Bajoie, the resolution was read by title and The resolution was read by title. Senator Irons moved to concur referred to the Committee on Judiciary B. in the House Concurrent Resolution. HOUSE CONCURRENT RESOLUTION NO. 313— BY REPRESENTATIVE BEARD ROLL CALL A CONCURRENT RESOLUTION To urge and request the Department of Transportation and The roll was called with the following result: Development to review its programs, operations, powers, functions, and duties and identify any programs, operations, YEAS powers, functions, or duties which are not directly related to the transportation infrastructure of this state or which are Mr. President Duplessis Jones substantially similar to programs, operations, powers, functions, Dupre Kostelka Adley and duties of other governmental entities and to report its Amedee Ellington Lentini findings to the Senate Committee on Transportation, Highways, Bajoie Fields Malone and Public Works and to the subcommittee on Public Works- Barham Gautreaux, B McPherson Planning and Construction of the House Committee on Boasso Gautreaux, N Michot T ransportation, Highways, and Public Works no later than Boissiere Hainkel Mount January 1, 2005. Cain Heitmeier Nevers Chaisson Holden Smith The resolution was read by title. Senator Dardenne moved to Cheek Hollis Theunissen concur in the House Concurrent Resolution. Dardenne Irons Ullo Total—33 ROLL CALL NAYS The roll was called with the following result:

Total—0 ABSENT YEAS

Cravins Jackson Romero Mr. President Dupre Lentini Adley Ellington Malone Fontenot Marionneaux Schedler Fields Marionneaux Total—6 Amedee Bajoie Gautreaux, B McPherson Gautreaux, N Michot The Chair declared the Senate had concurred in the House Barham Concurrent Resolution and ordered it returned to the House. Boasso Hainkel Mount Boissiere Heitmeier Nevers HOUSE CONCURRENT RESOLUTION NO. 263— Cain Holden Smith BY REPRESENTATIVE DOWNS Chaisson Irons Theunissen A CONCURRENT RESOLUTION Cheek Jackson Ullo To urge and request the Board of Regents to study the need for and Dardenne Jones feasibility of establishing a single board for the governance, Duplessis Kostelka management, and supervision of all public postsecondary Total—34

1544 42nd DAY'S PROCEEDINGS Page 13 SENATE June 11, 2004

NAYS HOUSE CONCURRENT RESOLUTION NO. 315— BY REPRESENTATIVES JOHN SMITH AND HILL AND SENATOR CAIN Total—0 A CONCURRENT RESOLUTION ABSENT To commend the Dixie Darlin' Cloggers for their outstanding accomplishments. Cravins Hollis Schedler Fontenot Romero The resolution was read by title. Senator Cain moved to concur Total—5 in the House Concurrent Resolution. The Chair declared the Senate had concurred in the House ROLL CALL Concurrent Resolution and ordered it returned to the House.

HOUSE CONCURRENT RESOLUTION NO. 314— The roll was called with the following result: BY REPRESENTATIVES JOHN SMITH AND SALTER AND SENATOR CAIN YEAS A CONCURRENT RESOLUTION To commend Vic Ortiz upon his retirement as athletic director from Mr. President Dupre Kostelka Anacoco High School in Anacoco, to recognize and record his Adley Ellington Lentini myriad accomplishments and his remarkable contributions to Amedee Fields Malone Vernon Parish, and to extend to him the best wishes of the Bajoie Gautreaux, B Marionneaux Legislature of Louisiana as he embarks on new challenges and Barham Gautreaux, N McPherson endeavors. Boasso Hainkel Michot Boissiere Heitmeier Mount The resolution was read by title. Senator Smith moved to concur Cain Holden Nevers in the House Concurrent Resolution. Chaisson Hollis Smith Cheek Irons Theunissen ROLL CALL Dardenne Jackson Ullo Duplessis Jones The roll was called with the following result: Total—35 NAYS YEAS Total—0 Mr. President Dupre Lentini ABSENT Adley Ellington Malone Amedee Fields Marionneaux Cravins Romero Bajoie Gautreaux, B McPherson Fontenot Schedler Barham Gautreaux, N Michot Total—4 Boasso Hainkel Mount Boissiere Heitmeier Nevers The Chair declared the Senate had concurred in the House Cain Holden Smith Concurrent Resolution and ordered it returned to the House. Chaisson Irons Theunissen Cheek Jackson Ullo HOUSE CONCURRENT RESOLUTION NO. 316— Dardenne Jones BY REPRESENTATIVES JOHN SMITH AND SALTER AND SENATOR CAIN A CONCURRENT RESOLUTION Duplessis Kostelka To commend the Simpson High School Lady Bronco Softball Team Total—34 upon winning the 2004 Class B State Softball Championship. NAYS The resolution was read by title. Senator Cain moved to concur Total—0 in the House Concurrent Resolution. ABSENT

Cravins Hollis Schedler ROLL CALL Fontenot Romero The roll was called with the following result: Total—5 The Chair declared the Senate had concurred in the House Concurrent Resolution and ordered it returned to the House. YEAS Mr. President Dupre Kostelka Adley Ellington Lentini Amedee Fields Malone Bajoie Gautreaux, B Marionneaux Barham Gautreaux, N McPherson

1545 Page 14 SENATE 42nd DAY'S PROCEEDINGS June 11, 2004

Boasso Hainkel Michot HOUSE CONCURRENT RESOLUTION NO. 318— Boissiere Heitmeier Mount BY REPRESENTATIVE LAMBERT AND SENATOR AMEDEE Cain Holden Nevers A CONCURRENT RESOLUTION Chaisson Hollis Smith To commend Mrs. Louise M. Powers upon the occasion of her one Cheek Irons Theunissen hundredth birthday. Dardenne Jackson Ullo Duplessis Jones The resolution was read by title. Senator Amedee moved to Total—35 concur in the House Concurrent Resolution. NAYS ROLL CALL Total—0 ABSENT The roll was called with the following result:

Cravins Romero YEAS Fontenot Schedler Total—4 Mr. President Dupre Kostelka Adley Ellington Lentini The Chair declared the Senate had concurred in the House Amedee Fields Malone Concurrent Resolution and ordered it returned to the House. Bajoie Gautreaux, B Marionneaux Barham Gautreaux, N McPherson HOUSE CONCURRENT RESOLUTION NO. 317— Boasso Hainkel Michot BY REPRESENTATIVES JOHN SMITH AND DEWITT AND Boissiere Heitmeier Mount SENATOR CAIN Cain Holden Nevers A CONCURRENT RESOLUTION Chaisson Hollis Smith To commend the Pirates of Hicks High School upon winning the Cheek Irons Theunissen Class C state baseball championship. Dardenne Jackson Ullo Duplessis Jones The resolution was read by title. Senator Cain moved to concur Total—35 in the House Concurrent Resolution. NAYS

ROLL CALL Total—0 ABSENT The roll was called with the following result: Cravins Romero YEAS Fontenot Schedler Total—4 Mr. President Dupre Lentini Adley Ellington Malone The Chair declared the Senate had concurred in the House Amedee Fields Marionneaux Concurrent Resolution and ordered it returned to the House. Bajoie Gautreaux, B McPherson Barham Gautreaux, N Michot HOUSE CONCURRENT RESOLUTION NO. 319— Boasso Hainkel Mount BY REPRESENTATIVES HUTTER AND ODINET Boissiere Heitmeier Nevers A CONCURRENT RESOLUTION Cain Holden Smith To urge and request the governor to include in the executive budget Chaisson Hollis Theunissen to be submitted to the legislature for Fiscal Year 2005-2006, Cheek Jackson Ullo sufficient funding for classroom-based technology for public Dardenne Jones elementary and secondary schools. Duplessis Kostelka Total—34 The resolution was read by title. Senator Boasso moved to NAYS concur in the House Concurrent Resolution.

Total—0 ROLL CALL ABSENT The roll was called with the following result: Cravins Irons Schedler Fontenot Romero YEAS Total—5 Mr. President Dupre Kostelka The Chair declared the Senate had concurred in the House Adley Ellington Lentini Concurrent Resolution and ordered it returned to the House. Amedee Fields Malone Bajoie Gautreaux, B Marionneaux Barham Gautreaux, N McPherson

1546 42nd DAY'S PROCEEDINGS Page 15 SENATE June 11, 2004

Boasso Hainkel Michot HOUSE CONCURRENT RESOLUTION NO. 321— Boissiere Heitmeier Mount BY REPRESENTATIVE TRICHE Cain Holden Nevers A CONCURRENT RESOLUTION Chaisson Hollis Smith To request the Department of Transportation and Development to Cheek Irons Theunissen install, by August 15, 2004, a flashing signal light on Louisiana Dardenne Jackson Ullo Highway 308 at the Bayou Lafourche bridge at Louisiana Duplessis Jones Highway 648. Total—35 NAYS The resolution was read by title. Senator Dupre moved to concur in the House Concurrent Resolution. Total—0 ROLL CALL ABSENT The roll was called with the following result: Cravins Romero Fontenot Schedler YEAS Total—4 Adley Dupre Kostelka The Chair declared the Senate had concurred in the House Amedee Ellington Lentini Concurrent Resolution and ordered it returned to the House. Bajoie Fields Malone Barham Gautreaux, B Marionneaux HOUSE CONCURRENT RESOLUTION NO. 320— Boasso Gautreaux, N McPherson BY REPRESENTATIVE JOHN SMITH AND SENATOR CAIN Boissiere Hainkel Michot A CONCURRENT RESOLUTION Cain Heitmeier Mount To commend Mariam Molani upon being named the 2004 Louisiana Chaisson Holden Nevers Junior High/Middle School Student of the Year. Cheek Hollis Smith Dardenne Jackson Theunissen The resolution was read by title. Senator Cain moved to concur Duplessis Jones Ullo in the House Concurrent Resolution. Total—33 NAYS ROLL CALL Total—0 The roll was called with the following result: ABSENT

YEAS Mr. President Fontenot Romero Cravins Irons Schedler Mr. President Dupre Lentini Total—6 Adley Ellington Malone Amedee Fields Marionneaux The Chair declared the Senate had concurred in the House Bajoie Gautreaux, B McPherson Concurrent Resolution and ordered it returned to the House. Barham Gautreaux, N Michot Boasso Hainkel Mount HOUSE CONCURRENT RESOLUTION NO. 322— Boissiere Heitmeier Nevers BY REPRESENTATIVE PIERRE Cain Holden Smith A CONCURRENT RESOLUTION Chaisson Hollis Theunissen To create the State of Louisiana Task Force on Energy Sector Cheek Jackson Ullo Workforce and Economic Development. Dardenne Jones Duplessis Kostelka On motion of Senator Michot, the resolution was read by title Total—34 and returned to the Calendar, subject to call. NAYS Mr. President in the Chair Total—0 ABSENT Recess

Cravins Irons Schedler On motion of Senator Hainkel, the Senate took a recess until Fontenot Romero 11:00 o'clock A.M. Total—5 After Recess The Chair declared the Senate had concurred in the House Concurrent Resolution and ordered it returned to the House. The Senate was called to order at 11:00 o'clock A.M. by the President of the Senate.

1547 Page 16 SENATE 42nd DAY'S PROCEEDINGS June 11, 2004

ROLL CALL for wage payments; to provide for wage claims; and to provide for related matters. The roll being called, the following members answered to their names: Reported with amendments.

PRESENT HOUSE BILL NO. 1673— BY REPRESENTATIVES JEFFERSON, ANSARDI, ARNOLD, BADON, BALDONE, BAUDOIN, BOWLER, BROOME, BURRELL, K. Mr. President Dupre Kostelka CARTER, CAZAYOUX, CURTIS, DARTEZ, DORSEY, DURAND, Adley Ellington Lentini FARRAR, GALLOT, GLOVER, GRAY, E. GUILLORY, HEATON, HEBERT, HILL, HONEY, HUNTER, HUTTER, JACKSON, Amedee Fields Malone JEFFERSON, KENNARD, LANCASTER, MARCHAND, MARTINY, Bajoie Fontenot Marionneaux MCDONALD, MCVEA, MONTGOMERY, MORRELL, MURRAY, ODINET, PIERRE, PINAC, QUEZAIRE, RICHMOND, ROMERO, Barham Gautreaux, B McPherson SALTER, ST. GERMAIN, WALKER, AND WRIGHT Boasso Gautreaux, N Michot AN ACT Boissiere Hainkel Mount To enact R.S. 23:1604, relative to self-employment; to provide for Cain Heitmeier Nevers the self-employment assistance program; to provide for Chaisson Holden Schedler definitions; to provide for weekly amounts payable; to provide Cheek Hollis Smith for maximum amounts payable; to establish eligibility criteria; to Cravins Irons Theunissen provide for exceptions; to limit participation of individuals; to Dardenne Jackson Ullo provide for the financing of the self-employment assistance Duplessis Jones allowance; to provide for effective and termination dates; to Total—38 provide for the appeal of nonacceptance into the program; to ABSENT require the adoption of rules; to require the production of an annual report; and to provide for related matters. Romero Total—1 Reported with amendments.

The President of the Senate announced there were 38 Senators Respectfully submitted, present and a quorum. MELVIN "KIP" HOLDEN Chairman Senate Business Resumed REPORT OF COMMITTEE ON Reports of Committees JUDICIARY A The following reports of committees were received and read: Senator Lentini, Chairman on behalf of the Committee on REPORT OF COMMITTEE ON Judiciary A, submitted the following report:

LABOR AND INDUSTRIAL RELATIONS June 10, 2004

Senator Holden, Chairman on behalf of the Committee on Labor To the President and Members of the Senate: and Industrial Relations, submitted the following report: I am directed by your Committee on Judiciary A to submit the June 11, 2004 following report:

To the President and Members of the Senate: HOUSE BILL NO. 15— BY REPRESENTATIVE TOWNSEND I am directed by your Committee on Labor and Industrial AN ACT To amend and reenact R.S. 13:2111, relative to the City Court of Relations to submit the following report: Natchitoches; to authorize the transfer of surplus funds or SENATE BILL NO. 37— unclaimed fees from the court's civil fee account to the court's BY SENATOR HOLDEN judicial expense account; and to provide for related matters. AN ACT To enact Chapter 6-A of Title 23 of the Louisiana Revised Statute of Reported with amendments. 1950, to be comprised of R.S. 23:665 through 676, relative to employment; to provide with respect to payment of wages; to HOUSE BILL NO. 208— provide for definitions; to provide for department duties; to BY REPRESENTATIVE GALLOT provide for payment of wages; to provide for payment after AN ACT t ermination of employment; to provide for payment of To enact R.S. 33:1704.5, relative to the City Court of Ruston; to commission and bonuses; to provide for form of payment; to increase the fees that the office of marshal is entitled to charge provide for delivery of payment; to provide for deduction from for services provided in civil matters; and to provide for related wages; to provide for criminal penalties; to provide for security matters.

1548 42nd DAY'S PROCEEDINGS Page 17 SENATE June 11, 2004

Reported favorably. HOUSE BILL NO. 1464— BY REPRESENTATIVE CROWE HOUSE BILL NO. 209— AN ACT BY REPRESENTATIVE GALLOT To amend and reenact R.S. 9:5141(C) and (D) and R.S. 35:17(B), AN ACT relative to public records on immovable property; to provide To enact R.S. 33:1702.3, relative to the marshal of the City Court of relative to social security and other taxpayer identification Ruston; to prohibit the marshal from receiving a salary greater numbers; and to provide for related matters. than the salary of the sheriff of Lincoln Parish; and to provide for related matters. Reported favorably.

Reported favorably. Respectfully submitted, ARTHUR J. "ART" LENTINI HOUSE BILL NO. 525— Chairman BY REPRESENTATIVE QUEZAIRE AN ACT Senate Bills and Joint Resolutions To amend and reenact R.S. 35:399(B), relative to ex officio notaries for police departments; to provide for the authority of ex officio on Second Reading notaries; to provide for certain sworn reports; and to provide for Reported by Committees related matters. Senator Holden asked for and obtained a suspension of the rules Reported favorably. to take up at this time the following Senate Bills and Joint Resolutions just reported by Committees. HOUSE BILL NO. 627— BY REPRESENTATIVE BURNS SENATE BILL NO. 37— AN ACT BY SENATOR HOLDEN To amend and reenact R.S. 9:1783(A)(1) and to repeal R.S. AN ACT 9:2005(3), relative to trusts; to provide for person qualifying as To enact Chapter 6-A of Title 23 of the Louisiana Revised Statute of trustee; to repeal certain provision authorizing the seizure of 1950, to be comprised of R.S. 23:665 through 676, relative to interests in trusts. employment; to provide with respect to payment of wages; to provide for definitions; to provide for department duties; to Reported favorably. provide for payment of wages; to provide for payment after termination of employment ; to provide for payment of HOUSE BILL NO. 727— commission and bonuses; to provide for form of payment; to BY REPRESENTATIVE PINAC provide for delivery of payment; to provide for deduction from AN ACT wages; to provide for criminal penalties; to provide for security To amend and reenact R.S. 6:103(I) and R.S. 9:3518.1(E) and to enact for wage payments; to provide for wage claims; and to provide R.S. 6:103(B)(10) and (J), relative to the Office of Financial for related matters. Institutions; to provide for the use of confidential information; to provide for governmental immunity of the office and its Reported with amendments by the Committee on Labor and agents and employees under certain circumstances; and to Industrial Relations. provide for related matters. SENATE COMMITTEE AMENDMENTS Reported favorably. Amendments proposed by Senate Committee on Labor and Industrial HOUSE BILL NO. 1297— Relations to Original Senate Bill No. 37 by Senator Holden BY REPRESENTATIVES TOWNSEND AND CAZAYOUX AN ACT AMENDMENT NO. 1 To amend and reenact R.S. 1:13 and R.S. 13:3712(A) and to enact On page 1, line 2, after "To" delete the remainder of the line and R.S. 24:177, all relative to interpretation of laws; to specifically insert in lieu thereof the following: "amend and reenact R.S. 23:633," provide that certain elements of a bill are not law; to provide with respect to audio and video recordings of legislative AMENDMENT NO. 2 proceedings; to provide with respect to legislative intent; to On page 1, line 2, delete "of R.S. 23:665 through 676," define the extent to which certain elements of a bill are considered to determine legislative intent; and to provide for AMENDMENT NO. 3 related matters. On page 1, line 4, after "wages;" delete the remainder of the line and delete lines 5 through 7 in their entirety. Reported with amendments. AMENDMENT NO. 4 On page 1, line 8, after "penalties;" delete the remainder of the line.

AMENDMENT NO. 5 On page 1, line 9, delete "provide for wage claims;"

1549 Page 18 SENATE 42nd DAY'S PROCEEDINGS June 11, 2004

AMENDMENT NO. 6 On motion of Senator Holden, the committee amendment was On page 1, line 11, after "Section 1." delete the remainder of the line adopted. The amended bill was read by title and ordered engrossed and insert in lieu thereof the following: "R.S. 23:633 is hereby and passed to a third reading. amended and reenacted to read as follows:" House Bills and Joint Resolutions AMENDMENT NO. 7 on Second Reading On page 1, delete lines 12 through 17 in their entirety and insert in Reported by Committees lieu thereof the following: "§633. Payment twice monthly of certain occupations; penalty Senator Lentini asked for and obtained a suspension of the rules for violations to take up at this time the following House Bills and Joint R.S. 23:633(A) is all proposed new law. Resolutions just reported by Committees. A. It shall be the duty of each employer subject to this Section to inform his employees at the time of hire what wages they will be HOUSE BILL NO. 15— paid, the method in which they will be paid and the frequency of BY REPRESENTATIVE TOWNSEND payment along with any subsequent changes thereto. Except as AN ACT provided under paragraph B of this Section, any employer that fails To amend and reenact R.S. 13:2111, relative to the City Court of to designate paydays must pay his employees on the first and Natchitoches; to authorize the transfer of surplus funds or sixteenth days of the month or as near as is practicable to those days. unclaimed fees from the court's civil fee account to the court's A. B. Every person, engaged in manufacturing of any kind, or judicial expense account; and to provide for related matters. engaged in boring for oil and in mining operations, employing ten or more employees, and every public service corporation, shall make full Reported with amendments by the Committee on Judiciary A. payment to employees for services performed as often as once every two weeks or twice during each calendar month, which pay days shall SENATE COMMITTEE AMENDMENTS be two weeks apart as near as is practicable, and such payment or settlement shall include all amounts due for labor or services Amendments proposed by Senate Committee on Judiciary A to performed up to not more than ten days previous to the time of Engrossed House Bill No. 15 by Representative Townsend payment, except that public service corporations shall not be required to make payment for labor or services performed up to more than AMENDMENT NO. 1 fifteen days prior to the time of payment, provided that, except in On page 1, line 2, after "R.S. 13:2111" delete the remainder of the line cases of public service corporations, this Section shall not apply to and insert in lieu thereof "and to enact R.S. 13:2080.1(C), relative to the clerical force or to salesmen. city courts; to provide relative to the City Court of Natchitoches; to B. C. For purposes of this Section, the term “employee” does provide relative to certain other city courts; to authorize" not include any individual employed in a bona fide executive, administrative, supervisory, or professional capacity. or any AMENDMENT NO. 2 employee considered exempt pursuant to the federal Fair Labor On page 1, line 9, after "reenacted" insert "and R.S. 13:2080.1(C) is Standards Act. hereby enacted" R.S. 23:633(D) is all proposed new law. D. Employers shall post, in the same location where they post AMENDMENT NO. 3 other employee notices required by state or federal laws, a notice On page 1, between lines 9 and 10, insert the following: provided by the Louisiana Department of Labor that states, as "§2080.1. Miscellaneous city court; fees; surplus in civil fee follows: “Your employer has a duty to inform you at the time of account your hire what your wage rate will be, how often you will be paid * * * and how you will be paid, and of any subsequent changes thereto. If C. When a surplus of filing fees and costs or unclaimed fees and your employer should, for reasons within his control, fail to pay you costs has accumulated in the civil fee account of any city court in a according to that agreement, you must first lodge a complaint with city having a population of not less than seven thousand and not him. If no action is taken to resolve your complaint, you may report more than seven thousand two hundred, according to the latest the violation to the office of labor within the Louisiana Department decennial census, and the surplus or unclaimed fees and costs have of Labor.” remained unclaimed for a period of five years or more, the judge of C. D. Whoever violates any provision of this Section shall be the court may transfer the amount of the surplus or the amount of fined not less than twenty-five dollars nor more than two hundred the unclaimed fees and costs that remain unclaimed to the operating and fifty dollars, for each day’s violation. A second such violation fund known as the judicial expense account of the court after notice may, in addition to such fines, subject a person to imprisonment to the depositors by publication in the legal journal of the parish or of or imprisoned for not less than ten days, or both, for each day’s by other reasonable means to the operating fund known as the judicial violation." expense account of the court. The provisions of this Subsection shall not affect any claim or right granted to a claimant by the provisions AMENDMENT NO. 8 of the Uniform Unclaimed Property Act, R.S. 9:151 et seq. After Delete pages 2 through 7 in their entirety and on page 8, delete lines transfer of the surplus funds from the civil fee account to the judicial 1 through 13 in their entirety. expense account of the court, the city court shall remain liable for the full amount of any viable claim for unclaimed property in accordance with any other provision of law.

1550 42nd DAY'S PROCEEDINGS Page 19 SENATE June 11, 2004

* * *" agents and employees under certain circumstances; and to provide for related matters. On motion of Senator Lentini, the committee amendment was adopted. Under the provisions of Joint Rule No. 3 of the Rules of Reported favorably by the Committee on Judiciary A. Under the Senate, the amended bill was read by title and referred to the the provisions of Joint Rule No. 3 of the Rules of the Senate, the bill Legislative Bureau. was read by title and referred to the Legislative Bureau.

HOUSE BILL NO. 208— HOUSE BILL NO. 1297— BY REPRESENTATIVE GALLOT BY REPRESENTATIVES TOWNSEND AND CAZAYOUX AN ACT AN ACT To enact R.S. 33:1704.5, relative to the City Court of Ruston; to To amend and reenact R.S. 1:13 and R.S. 13:3712(A) and to enact increase the fees that the office of marshal is entitled to charge R.S. 24:177, all relative to interpretation of laws; to specifically for services provided in civil matters; and to provide for related provide that certain elements of a bill are not law; to provide matters. with respect to audio and video recordings of legislative proceedings; to provide with respect to legislative intent; to Reported favorably by the Committee on Judiciary A. Under define the extent to which certain elements of a bill are the provisions of Joint Rule No. 3 of the Rules of the Senate, the bill considered to determine legislative intent; and to provide for was read by title and referred to the Legislative Bureau. related matters.

HOUSE BILL NO. 209— Reported with amendments by the Committee on Judiciary A. BY REPRESENTATIVE GALLOT AN ACT SENATE COMMITTEE AMENDMENTS To enact R.S. 33:1702.3, relative to the marshal of the City Court of Ruston; to prohibit the marshal from receiving a salary greater Amendments proposed by Senate Committee on Judiciary A to than the salary of the sheriff of Lincoln Parish; and to provide Reengrossed House Bill No. 1297 by Representative Townsend for related matters. AMENDMENT NO. 1 Reported favorably by the Committee on Judiciary A. Under On page 2, lines 21 and 22, delete "duly adopted" and at the end of the provisions of Joint Rule No. 3 of the Rules of the Senate, the bill line 22, change the period "." to a comma "," and add "adopted by the was read by title and referred to the Legislative Bureau. same vote and, except for gubernatorial veto, time limitations for introduction and third reading and final passage, according the same HOUSE BILL NO. 525— procedures and formalities required for enactment of the law, and BY REPRESENTATIVE QUEZAIRE AN ACT while not controlling, such resolution may be persuasive in To amend and reenact R.S. 35:399(B), relative to ex officio notaries circumstances determined to be appropriate by the courts." for police departments; to provide for the authority of ex officio notaries; to provide for certain sworn reports; and to provide for AMENDMENT NO. 2 related matters. On page 2, line 26, delete "the legislature is presumed to have" and insert in lieu thereof "there exists a rebuttable presumption that the Reported favorably by the Committee on Judiciary A. Under legislature" 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. 3 On page 3, line 16, delete "shall" and insert in lieu thereof "may only" HOUSE BILL NO. 627— BY REPRESENTATIVE BURNS AMENDMENT NO. 4 AN ACT On page 3, line 17, after "documents" delete the remainder of the line To amend and reenact R.S. 9:1783(A)(1) and to repeal R.S. and delete line 18 in its entirety and insert in lieu thereof "as an aid in 9:2005(3), relative to trusts; to provide for person qualifying as determining legislative intent and not to establish legislative intent." trustee; to repeal certain provision authorizing the seizure of interests in trusts. On motion of Senator Lentini, the committee amendment was adopted. Under the provisions of Joint Rule No. 3 of the Rules of Reported favorably by the Committee on Judiciary A. Under the Senate, the amended bill was read by title and referred to the the provisions of Joint Rule No. 3 of the Rules of the Senate, the bill Legislative Bureau. was read by title and referred to the Legislative Bureau. HOUSE BILL NO. 1464— HOUSE BILL NO. 727— BY REPRESENTATIVE CROWE BY REPRESENTATIVE PINAC AN ACT AN ACT To amend and reenact R.S. 9:5141(C) and (D) and R.S. 35:17(B), To amend and reenact R.S. 6:103(I) and R.S. 9:3518.1(E) and to enact relative to public records on immovable property; to provide R.S. 6:103(B)(10) and (J), relative to the Office of Financial relative to social security and other taxpayer identification Institutions; to provide for the use of confidential information; numbers; and to provide for related matters. to provide for governmental immunity of the office and its

1551 Page 20 SENATE 42nd DAY'S PROCEEDINGS June 11, 2004

Reported favorably by the Committee on Judiciary A. Under AMENDMENT NO. 5 the provisions of Joint Rule No. 3 of the Rules of the Senate, the bill On page 5, after line 6, insert the following: was read by title and referred to the Legislative Bureau. "Section 2. This Act shall become effective on January 1, 2005."

HOUSE BILL NO. 1673— On motion of Senator Holden, the committee amendment was BY REPRESENTATIVES JEFFERSON, ANSARDI, ARNOLD, BADON, adopted. Under the provisions of Joint Rule No. 3 of the Rules of BALDONE, BAUDOIN, BOWLER, BROOME, BURRELL, K. CARTER, CAZAYOUX, CURTIS, DARTEZ, DORSEY, DURAND, the Senate, the amended bill was read by title and referred to the FARRAR, GALLOT, GLOVER, GRAY, E. GUILLORY, HEATON, Legislative Bureau. HEBERT, HILL, HONEY, HUNTER, HUTTER, JACKSON, JEFFERSON, KENNARD, LANCAST ER, MARCHAND, MARTINY, MCDONALD, MCVEA, MONTGOMERY, MORRELL, MURRAY, Senate Bills and Joint Resolutions ODINET, PIERRE, PINAC, QUEZAIRE, RICHMOND, ROMERO, SALTER, ST. GERMAIN, WALKER, AND WRIGHT on Second Reading AN ACT To enact R.S. 23:1604, relative to self-employment; to provide for The following Senate Bills and Joint Resolutions were taken up the self-employment assistance program; to provide for and acted upon as follows: definitions; to provide for weekly amounts payable; to provide for maximum amounts payable; to establish eligibility criteria; to SENATE BILL NO. 879 (Substitute for Senate Bill 867 by provide for exceptions; to limit participation of individuals; to Senator Irons)— provide for the financing of the self-employment assistance BY SENATOR JONES allowance; to provide for effective and termination dates; to AN ACT provide for the appeal of nonacceptance into the program; to To enact R.S. 17:427.4, relative to public schools and school children; require the adoption of rules; to require the production of an to benefit schools and children by encouraging the availability of annual report; and to provide for related matters. qualified teachers; to provide for a program designed to provide incentives for qualified teachers to locate and work in Reported with amendments by the Committee on Labor and disadvantaged areas; to authorize the development and Industrial Relations. establishment of a teachers’ homebuyer program for certain certified teachers; to establish an advisory panel to develop such SENATE COMMITTEE AMENDMENTS program; to provide for program approval; to authorize the state treasurer to administer the program; and to provide for related Amendments proposed by the Senate Committee on Labor and matters. Industrial Relations to Engrossed House Bill No. 1673 by Representative Jefferson On motion of Senator Ullo, the bill was read by title and ordered engrossed and passed to a third reading. AMENDMENT NO. 1 On page 1, line 2, after "R.S. 23:" insert "1553(B)(12) and" and after House Bills and Joint Resolutions "self-employment;" insert "to provide for non-charging of benefits;" on Second Reading Reported by Committees AMENDMENT NO. 2 On page 1, line 11, after "R.S. 23:" insert "1553(B)(12) and" and after The following House Bills and Joint Resolutions reported by "1604" delete "is" and insert "are" Committees were taken up and acted upon as follows:

AMENDMENT NO. 3 HOUSE BILL NO. 27— On page 1, between lines 11 and 12 insert the following: BY REPRESENTATIVE E. GUILLORY "§1553. Noncharging of benefits; recoupment; social charge AN ACT account; social charge tax rate To enact R.S. 49:170.12, relative to state symbols; to designate * * * gumbo as the official state cuisine; and to provide for related B. matters. * * * (12) Amounts noncharged as the result of the application of Reported favorably by the Committee on Senate and R.S. 23:1604 shall be recouped as a social charge to all employers. Governmental 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. 4 On page 4, delete lines 14 through 18 in their entirety and insert in HOUSE BILL NO. 73— lieu thereof the following: BY REPRESENTATIVE PITRE "F. Financing costs of a self-employment assistance allowance. A JOINT RESOLUTION Proposing to amend Article XIII, Section 2 of the Constitution of Notwithstanding any provision of the law to the contrary, for the purposes of R.S. 23:1536 any benefits paid to individuals who are in Louisiana, relative to constitutional conventions; to provide that the law calling for a constitutional convention may limit the the Self-Employment Assistance Program with the approval of the matters to be considered by the constitutional convention; to administrator, shall not be charged to the experience rating record of base period employers." provide relative to the effectiveness of certain proposals by a constitutional convention; to provide for submission of the

1552 42nd DAY'S PROCEEDINGS Page 21 SENATE June 11, 2004

proposed amendment to the electors; and to provide for related United States; to provide for eligibility for preference points in matters. the state police service for service during wars declared by congress; to provide that certain war periods and armed conflicts Reported favorably by the Committee on Senate and for eligibility for preference points for veterans for state police Governmental Affairs. Under the provisions of Joint Rule No. 3 of service shall be as provided by law; to provide for submission the Rules of the Senate, the bill was read by title and referred to the of the proposed amendment to the electors; and to provide for Legislative Bureau. related matters.

HOUSE BILL NO. 180— Reported favorably by the Committee on Senate and BY REPRESENTATIVES FUTRELL AND DORSEY Governmental Affairs. Under the provisions of Joint Rule No. 3 of AN ACT the Rules of the Senate, the bill was read by title and referred to the To enact R.S. 18:425.2, relative to the authority of parish boards of Legislative Bureau. election supervisors to provide for two commissioners to work half of an election day; to authorize any parish board of election HOUSE BILL NO. 382— supervisors in the event of a shortage of commissioners to create BY REPRESENTATIVE E. GUILLORY t wo equal work shifts for commissioners; to authorize such AN ACT parish board of election supervisors to select commissioners to To enact R.S. 18:463(E), relative to the qualifying of candidates for serve one or two shifts on an election day; to provide for a elected office; to require the Board of Ethics to work with the commissioner who serves for one shift to receive half of the attorney general to provide information to any candidate who compensation a commissioner would receive for a full day; to qualifies for elective office summarizing provisions of law require the State Board of Election Supervisors to prescribe regarding dual officeholding, conflicts of interest, and prohibited uniform rules for the selection, scheduling, and procedures for transactions, payments, contracts, and employment applicable creating two equal shifts for commissioners on election day; to to public officials; and to provide for related matters. provide for the effectiveness of such provisions; and to provide for related matters. Reported favorably by the Committee on Senate and Governmental Affairs. Under the provisions of Joint Rule No. 3 of Reported favorably by the Committee on Senate and the Rules of the Senate, the bill was read by title and referred to the Governmental Affairs. Under the provisions of Joint Rule No. 3 of Legislative Bureau. the Rules of the Senate, the bill was read by title and referred to the Legislative Bureau. HOUSE BILL NO. 431— BY REPRESENTATIVE TOWNSEND HOUSE BILL NO. 258— AN ACT BY REPRESENTATIVE CRANE AND SENATOR ULLO To amend and reenact R.S. 17:1964(C)(2)(o)(ii)(bb) and (iii), relative AN ACT to certain fees imposed by the board of directors of the To amend and reenact R.S. 17:1951, relative to the special school Louisiana School of Math, Science, and the Arts; to remove district; to specify that children with exceptionalities enrolled in provisions relative to a room deposit fee; to authorize a security state-operated facilities and receiving special education services deposit fee and limit the amount of such fee; to provide relative provided by the special school district shall be enrolled as to the room and board fee, including limiting the amount of such residents of such facilities; to specify that eligible children fee; to provide an effective date; and to provide for related enrolled in state-operated mental health facilities and receiving matters. appropriate educational services by the special school district shall be enrolled as residents of such facilities; to authorize the Reported favorably by the Committee on Education. Under the special school district to enter into certain interagency provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was agreements; to provide appropriate services to certain children read by title and referred to the Legislative Bureau. who are not residents of state-operated facilities and to eligible individuals enrolled as residents in state-operated facilities; and HOUSE BILL NO. 493— to provide for related matters. BY REPRESENTATIVE HONEY AN ACT Reported favorably by the Committee on Education. Under the To amend and reenact R.S. 17:1170 and 1200, relative to leaves of provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was absence for certain employees of city, parish, and other local read by title and referred to the Legislative Bureau. public school boards; to include guidance counselors who hold valid professional ancillary certificates in counseling issued by HOUSE BILL NO. 261— the state Department of Education in the definitions of persons BY REPRESENTATIVES FUTRELL, ARNOLD, BRUNEAU, GALLOT, eligible for certain sabbatical leave and sick leave benefits JEFFERSON, LANCASTER, MONTGOMERY, MURRAY, PITRE, provided by law; to provide an effective date; and to provide for AND SMILEY A JOINT RESOLUTION related matters. Proposing to amend Article X, Sections 10(A)(2) and 48(A)(2) of the Reported favorably by the Committee on Education. Under the Constitution of Louisiana, relative to the eligibility for preference points for veterans for civil service and state police provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was service; to provide eligibility for veterans who served for a read by title and referred to the Legislative Bureau. certain period of continuous service on active duty after a certain date and have served honorably in the armed forces of the

1553 Page 22 SENATE 42nd DAY'S PROCEEDINGS June 11, 2004

HOUSE BILL NO. 667— On motion of Senator Malone, the committee amendment was BY REPRESENTATIVE MORRELL adopted. Under the provisions of Joint Rule No. 3 of the Rules of AN ACT the Senate, the amended bill was read by title and referred to the To amend and reenact R.S. 38:2212(C)(2)(b), relative to Legislative Bureau. advertisement and letting public contracts to the lowest bidder; to provide relative to addenda to plans and specifications prior HOUSE BILL NO. 740— to opening of bids; and to provide for related matters. BY REPRESENTATIVE WADDELL AN ACT Reported favorably by the Committee on Transportation, To amend and reenact R.S. 17:6(A)(11), relative to the general Highways, and Public Works. Under the provisions of Joint Rule powers of the State Board of Elementary and Secondary No. 3 of the Rules of the Senate, the bill was read by title and referred Education; to require the board to adopt rules and regulations; to to the Legislative Bureau. provide that certain public high school students who fail to pass the high school graduation exit exam shall be awarded a HOUSE BILL NO. 682— certificate of attendance; to specify that nothing shall prohibit BY REPRESENTATIVE TOWNSEND AND SENATORS BARHAM such a student from being issued a diploma upon successful AND MALONE AN ACT passage of the graduation exit exam; to provide that nothing shall To amend and reenact R.S. 56:115(A) and to enact R.S. 56:108, interfere with any local public school board's authority to adopt relative to hunting for deer or turkey; to provide for the issuance policies relative to participation by students in graduation and use of harvest records, which authorize the taking of deer or ceremonies; and to provide for related matters. turkey; to provide for penalties; to provide the season for taking Reported with amendments by the Committee on Education. deer; and to provide for related matters.

Reported with amendments by the Committee on Natural SENATE COMMITTEE AMENDMENTS Resources. Amendments proposed by Senate Committee on Education to SENATE COMMITTEE AMENDMENTS Engrossed House Bill No. 740 by Representative Waddell

Amendments proposed by Senate Committee on Natural Resources AMENDMENT NO. 1 to Reengrossed House Bill No. 682 by Representative Townsend On page 1, line 5, delete "of attendance"

AMENDMENT NO. 1 AMENDMENT NO. 2 On page 1, delete line 2, and insert “To enact R.S. 56:108, relative to On page 2, line 8, delete "of attendance" hunting for deer” On motion of Senator Ullo, the committee amendment was AMENDMENT NO. 2 adopted. Under the provisions of Joint Rule No. 3 of the Rules of On page 1, delete lines 4 and 5, and insert “taking of deer or turkey; the Senate, the amended bill was read by title and referred to the and to provide for related matters.” Legislative Bureau. HOUSE BILL NO. 866— AMENDMENT NO. 3 BY REPRESENTATIVE QUEZAIRE On page 1, line 7, delete “R.S. 56:115(A) is hereby amended and AN ACT reenacted and” To amend and reenact R.S. 32:306, relative to equipment on motor vehicles; to provide relative to stop lamps and turn signals on AMENDMENT NO. 4 motor vehicles; and to provide for related matters. On page 1, delete lines 9 through 18 and insert “§108. Deer and turkey harvest records and tagging Reported favorably by the Committee on Transportation, A. The Wildlife and Fisheries Commission may promulgate and Highways, and Public Works. Under the provisions of Joint Rule adopt rules and regulations in accordance with the Administrative No. 3 of the Rules of the Senate, the bill was read by title and Procedure Act in relation to deer or turkey harvest records and referred to the Legislative Bureau. tagging. Such rules and regulations may include the following: tagging requirements, gender, age, antler requirements, take, possession, limit, HOUSE BILL NO. 953— and reporting requirements. BY REPRESENTATIVE MCVEA B. Deer tagging shall only occur when a reduced buck limit is AN ACT adopted by the commission.” To amend and reenact R.S. 33:4303, relative to Gas Utility District No. 1 of West Feliciana Parish; to increase the membership of AMENDMENT NO. 5 the board of commissioners of the district; to provide for the On page 2, delete lines 1 through 29 appointment and terms of office of board members; and to provide for related matters. AMENDMENT NO. 6 On page 3, delete lines 1 through 17 Reported favorably by the Committee on Local and Municipal Affairs. Under the provisions of Joint Rule No. 3 of the Rules of the

1554 42nd DAY'S PROCEEDINGS Page 23 SENATE June 11, 2004

Senate, the bill was read by title and referred to the Legislative Amendments proposed by Senate Committee on Education to Bureau. Engrossed House Bill No. 1062 by Representative Salter

HOUSE BILL NO. 960— AMENDMENT NO. 1 BY REPRESENTATIVE FARRAR On page 1, line 2, after "R.S. 17:3351.11" insert "and 3351.12" AN ACT To enact R.S. 33:2740.25(D), relative to Rapides Parish and the cities AMENDMENT NO. 2 of Alexandria and Pineville; to authorize the governing On page 1, line 5, after "Centers" insert "and certain graduate authorities of Rapides Parish and the cities of Alexandria and programs" Pineville to levy a sales tax on cigarette papers; to provide for the dedication of the proceeds of the tax; and to provide for AMENDMENT NO. 3 related matters. On page 1, line 8, after "R.S. 17:3351.11" insert "and 3351.12" and change "is" to "are" Reported favorably by the Committee on Local and Municipal Affairs. Under the provisions of Joint Rule No. 3 of the Rules of the AMENDMENT NO. 4 Senate, the bill was read by title and referred to the Legislative On page 5, between lines 3 and 4, insert the following: Bureau. "§3351.12. Board of Supervisors of Louisiana State University and Agricultural and Mechanical College; Professional Program Fee; HOUSE BILL NO. 1020— masters degree in business administration; Louisiana State University BY REPRESENTATIVE GALLOT AN ACT and Agricultural and Mechanical College To enact R.S. 42:1123(18)(c), relative to contractual relationships A. In addition to the authority granted to the Board of between hospital service district board or commission members Supervisors of Louisiana State University and Agricultural and and hospitals; to allow certain physician members of a hospital Mechanical College by other provisions of this Title authorizing such service district board or commission to lease certain space from board to provide for and impose fees and in accordance with the a hospital under the jurisdiction of the board or commission; and provisions of Article VII, Section 2.1(A) of the Constitution of to provide for related matters. Louisiana, the board may impose a Professional Program Fee in the amount not to exceed two thousand dollars per semester on students Reported with amendments by the Committee on Senate and enrolled full time in seeking a Masters of Business Administration Governmental Affairs. degree at Louisiana State University and Agricultural and Mechanical College. SENATE COMMITTEE AMENDMENTS B. The fee authorized in this Section shall be effective for both resident and nonresident students and shall be in effect beginning in Amendments proposed by Senate Committee on Senate and the Fall 2005 semester. C. The authority to impose the fee amounts provided by Governmental Affairs to Engrossed House Bill No. 1020 by Representative Gallot Subsection A of this Section shall include the authority to provide for a schedule of gradual imposition until the maximum amount is AMENDMENT NO. 1 imposed and to impose proportional amounts for part-time students On page 1, at the end of line 19, insert "However, such licensed and for summer sessions." physician shall recuse himself from participating in any transaction On motion of Senator Ullo the committee amendment was involving a lease agreement to which he is permitted by this Subparagraph to be a party." adopted. The amended bill was read by title and recommitted to the Committee on Revenue and Fiscal Affairs. On motion of Senator Jones, the committee amendment was HOUSE BILL NO. 1163— adopted. Under the provisions of Joint Rule No. 3 of the Rules of BY REPRESENTATIVE LAFLEUR the Senate, the amended bill was read by title and referred to the AN ACT Legislative Bureau. To amend and reenact R.S. 40:2404(9) and to enact R.S. 17:416.19 and R.S. 40:2404(11), relative to school resource officers; to HOUSE BILL NO. 1062— provide for the contracting of school resource officers by school BY REPRESENTATIVES SALTER, ALEXANDER, BADON, CRANE, DOWNS, FANNIN, HONEY, KENNEY, M. POWELL, T. POWELL, systems; to provide for definitions and qualifications; and to RITCHIE, JANE SMITH, AND TRAHAN provide for related matters. AN ACT To enact R.S. 17:3351.11, to authorize the Board of Supervisors of Reported favorably by the Committee on Education. Under the Louisiana State University and Agricultural and Mechanical provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was College to impose specific tuition and attendance fee amounts read by title and referred to the Legislative Bureau. for students attending the Louisiana State University Health Sciences Centers; to provide for fee amounts; to provide for HOUSE BILL NO. 1260— waivers for certain students; and to provide for related matters. BY REPRESENTATIVE CAZAYOUX AN ACT Reported with amendments by the Committee on Education. To enact R.S. 32:200 and 300.2, relative to motor vehicles; to prohibit the operation of certain motor scooters on sidewalks; SENATE COMMITTEE AMENDMENTS to provide for certain exceptions; to provide relative to electric

1555 Page 24 SENATE 42nd DAY'S PROCEEDINGS June 11, 2004 personal assistive mobility devices; to provide relative to the On motion of Senator Ullo, the committee amendment was operation of such devices; 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 Reported with amendments by the Committee on Legislative Bureau. Transportation, Highways, and Public Works. HOUSE BILL NO. 1444— SENATE COMMITTEE AMENDMENTS BY REPRESENTATIVE SMILEY (BY REQUEST) AN ACT Amendments proposed by Senate Committee on Transportation, To amend and reenact R.S. 18:1307(A)(3), relative to applications to Highways, and Public Works to Reengrossed House Bill No. 1260 by vote absentee by mail; to provide for the address given to a Representative Cazayoux registrar of voters by a person submitting an application to vote absentee by mail; and to provide for related matters. AMENDMENT NO. 1 On page 1, line 2, after "vehicles;" delete the remainder of the line and Reported with amendments by the Committee on Senate and delete line 3 in its entirety and insert the following: "to provide Governmental Affairs. relative to operation of certain motor scooters; to authorize parish or municipal governing authorities to authorize the operation of certain SENATE COMMITTEE AMENDMENTS scooters under certain circumstances; to provide" Amendments proposed by Senat e Committee on Senate and AMENDMENT NO. 2 Governmental Affairs to Engrossed House Bill No. 1444 by On page 1, line 8, after "sidewalks" delete the remainder of the line Representative Smiley

AMENDMENT NO. 3 AMENDMENT NO. 1 On page 1, delete line 9 in its entirety and at the beginning of line 10, On page 1, line 2, after "R.S.18: " insert "1300.21(D) and" and after change "any" to "Any" "relative to" insert "the provision in the election code; to provide for additional clarification on criteria for new gaming elections in areas AMENDMENT NO. 4 annexed by parishes; to provide" On page 1, between lines 12 and 13, insert: AMENDMENT NO. 2 "* * *" On page 1, line 6, after "R.S.18: " insert "1300.21(D) and" and change "is" to "are" On motion of Senator Ellington, the committee amendment was adopted. Under the provisions of Joint Rule No. 3 of the Rules of AMENDMENT NO. 3 the Senate, the amended bill was read by title and referred to the On page 1, between lines 6 and 7, insert the following: Legislative Bureau. "§1300.21. Discontinuance of certain gaming activities, except as continued by local election HOUSE BILL NO. 1357— * * * BY REPRESENTATIVE STRAIN D. If a majority of the electors voting in the election vote in AN ACT favor of permitting the continuation of any gaming activity, then such To enact Chapter 20-B-6 of Title 17 of the Louisiana Revised gaming activity may be conducted within in each such respective Statutes of 1950, to be comprised of R.S. 17:3042.61 through parish boundaries as the parish boundaries are recognized and taxed 3042.66, relative to a loan program for certain veterinary by the respective local governing authority at the time of the 1996 students; to authorize the Louisiana Student Financial congressional general election, as provided by law, regardless of Assistance Commission to make loans to certain students whether the parish boundaries may, subsequent to such vote, be enrolled in certain veterinary programs; to provide for legislative moved, established or otherwise recognized or taxed whether via the findings and purpose, definitions, eligibility requirements, statutory process provided for in R.S. 50:221 et seq., R.S. 33:141 et commission rules and regulations, loan amounts, loan seq., annexation or in any other manner for any reason whatsoever. forgiveness, contract requirements, and funding; and to provide If a majority of the electors voting in the election vote not to continue for related matters. any gaming activity in the parish, then no license or permit shall be issued to conduct such gaming activity and no such gaming activity Reported with amendments by the Committee on Education. may be permitted in that within each such respective parish boundaries as the parish boundaries are recognized and taxed by the SENATE COMMITTEE AMENDMENTS respective local governing authority at the time of the 1996 congressional general election, regardless of whether the parish Amendments proposed by Senate Committee on Education to boundaries may, subsequent to such vote, be moved, established or Reengrossed House Bill No. 1357 by Representative Strain otherwise recognized or taxed whether via the statutory process provided for in R.S. 50:221 et seq., R.S. 33:141 et seq., annexation or AMENDMENT NO. 1 in any other manner for any reason whatsoever. If any such gaming On page 2, line 19, change "a student" to "not more than four activity was, prior to May 9, 1996, authorized, licensed, or students each year" and change "meets" to "each meet" permitted, and conducted in any parish in which the voters vote against continuance of such gaming activity, the licensees or permittees for such gaming activity shall discontinue gaming activity

1556 42nd DAY'S PROCEEDINGS Page 25 SENATE June 11, 2004 in that parish upon expiration of their current gaming license or upon members of the legislature for the employment of legislative revocation, suspension, or return thereof if such revocation, assistants; and to provide for related matters. suspension, or return occurs prior to expiration of the license. Video draw poker licenses may be renewed twice following the election Reported favorably by the Committee on Senate and provided the licensee is in compliance with the law and the rules Governmental Affairs. The bill was read by title and recommitted to adopted thereunder. The regulatory and licensing agency for the the Committee on Finance. regulation of video draw poker operations, as authorized by R.S. 27:301 et seq., and for the regulation of riverboats upon which gaming HOUSE BILL NO. 1580— may be conducted as authorized by R.S. 27:41 et seq., shall obtain the BY REPRESENTATIVE BAYLOR results of the election and shall not issue any licenses in parishes AN ACT where a majority of the voters voting in the election have voted To enact R.S. 32:143.2, relative to highways; to prohibit the blocking against continuance of gaming activities within the respective parish of private driveways, highways, and public rights-of-way under boundaries as the parish boundaries are recognized and taxed by the certain circumstances; to provide relative to penalties; and to respective local governing authority at the time of the 1996 provide for related matters. congressional general election in that parish, regardless of whether the parish boundaries may, subsequent to such vote, be moved, Reported favorably by the Committee on Transportation, established or otherwise recognized or taxed whether via the statutory Highways, and Public Works. Under the provisions of Joint Rule process provided for in R.S. 50:221 et seq, R.S. 33:141 et seq., No. 3 of the Rules of the Senate, the bill was read by title and annexation or in any other manner for any reason whatsoever. referred to the Legislative Bureau. * * *" HOUSE BILL NO. 1610— On motion of Senator Jones, the committee amendment was BY REPRESENTATIVES MORRISH AND WALSWORTH AN ACT adopted. Under the provisions of Joint Rule No. 3 of the Rules of To enact R.S. 22:228.8 and R.S. 42:802(C), relative to health the Senate, the amended bill was read by title and referred to the insurance; to authorize the Office of Group Benefits and Legislative Bureau. political subdivisions of the state to establish health savings accounts and other similar accounts as authorized by federal law; HOUSE BILL NO. 1448— BY REPRESENTATIVES ODINET AND HUTTER to authorize political subdivisions of the state to contribute AN ACT funds toward such accounts; to provide relative to the uses of To enact R.S. 17:85.5 and 85.6, relative to naming certain athletic such accounts; and to provide for related matters. facilities; to authorize the parish school board in certain parishes to name a baseball stadium and a gymnasium in honor of a Reported favorably by the Committee on Local and Municipal former coach and a former teacher, respect ively; to provide Affairs. Under the provisions of Joint Rule No. 3 of the Rules of the limitations; and to provide for related matters. Senate, the bill was read by title and referred to the Legislative Bureau. Reported favorably by the Committee on Education. Under the provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was HOUSE BILL NO. 1623— BY REPRESENTATIVE HOPKINS read by title and referred to the Legislative Bureau. AN ACT To enact R.S. 30:5.2, relative to units for coal seam natural gas, unit HOUSE BILL NO. 1510— BY REPRESENTATIVE DORSEY operations and unit operators; and to provide for related AN ACT matters. To enact R.S. 40:1379.5, relative to the powers, functions, and duties of public safety services of the Department of Public Safety and Reported favorably by the Committee on Natural Resources. Corrections; to provide that public safety services shall be Under the provisions of Joint Rule No. 3 of the Rules of the Senate, responsible for the performance of certain functions and duties the bill was read by title and referred to the Legislative Bureau. within the state capitol complex; to provide relative to the HOUSE BILL NO. 1636— responsibility of the deputy secretary for public safety services BY REPRESENTATIVE GLOVER relative to such functions and duties; to define the state capitol AN ACT complex for such purposes; and to provide for related matters. To amend and reenact R.S. 18:102(A)(2), 102.1, 104(A)(6), and 172, relative to interdicted voters; to provide for ineligibility to vote Reported favorably by the Committee on Senate and of persons under full interdiction; to provide for voting rights for Governmental Affairs. Under the provisions of Joint Rule No. 3 of persons under limited interdiction under certain circumstances; the Rules of the Senate, the bill was read by title and referred to the and to provide for related matters. Legislative Bureau. Reported favorably by the Committee on Senate and HOUSE BILL NO. 1515— BY REPRESENTATIVE BADON Governmental Affairs. Under the provisions of Joint Rule No. 3 of AN ACT the Rules of the Senate, the bill was read by title and referred to the To amend and reenact R.S. 24:31.5(A)(1) and (4), relative to Legislative Bureau. legislative assistants; to provide for the salary available to

1557 Page 26 SENATE 42nd DAY'S PROCEEDINGS June 11, 2004

HOUSE BILL NO. 1647— On motion of Senator Fields, the committee amendment was BY REPRESENTATIVE FAUCHEUX adopted. Under the provisions of Joint Rule No. 3 of the Rules of AN ACT the Senate, the amended bill was read by title and referred to the To amend and reenact R.S. 25:380.35(A), relative to the Garyville Legislative Bureau. Timbermill Museum; to provide with respect to the transfer of ownership of the building known as the St. John the Baptist HOUSE BILL NO. 1657— theater to the museum; to provide for acceptance of the transfer BY REPRESENTATIVE DARTEZ by the board; and to provide for related matters. AN ACT To amend and reenact R.S. 18:463(A)(2) and to enact R.S. 18:491(C) Reported favorably by the Committee on Education. Under the and 492(A)(5), relative to qualifying for elective public office; to provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was require certain certifications on the notice of candidacy; to read by title and referred to the Legislative Bureau. provide that falsely certifying certain information on the notice of candidacy constitutes grounds for objection to candidacy; to HOUSE BILL NO. 1652— provide that the Supervisory Committee on Campaign Finance BY REPRESENTATIVES THOMPSON AND STRAIN Disclosure has standing to object to the candidacy of certain AN ACT persons on certain grounds; to provide for definitions; to To amend and reenact R.S. 17:3041.10 and 3041.11 and to enact provide for penalties; and to provide for related matters. Chapter 20-A-2 of Title 17 of the Louisiana Revised Statutes of 1950, to be comprised of R.S. 17:3041.21 through 3041.26, Reported with amendments by the Committee on Senate and relative to the tuition payment program for medical school Governmental Affairs. students; to provide relat ive to program eligibility criteria, purposes, definitions, number of recipients, and contractual SENATE COMMITTEE AMENDMENTS obligations; and to provide for related matters. Amendments proposed by Senate Committee on Senate and Reported favorably by the Committee on Education. The bill Governmental Affairs to Reengrossed House Bill No. 1657 by was read by title and recommitted to the Committee on Revenue and Representative Dartez Fiscal Affairs. AMENDMENT NO. 1 HOUSE BILL NO. 1655— BY REPRESENTATIVE BOWLER On page 3, line 8, after "18:463(A)(2)" insert "and the fines, fees or AN ACT penalties have not been satisfied, or the defendant has not entered To enact R.S. 42:267 and to repeal R.S. 14:316, relative to naming into an arrangement for payment of such fines, fees or penalties at public buildings and certain other public property in honor of a the time of the hearing on the objection to candidacy" living person; to remove criminal penalties for violation of the On motion of Senator Jones, the committee amendment was prohibition on naming such buildings or property in honor of a living person; to provide for the enforcement of the prohibition adopted. Under the provisions of Joint Rule No. 3 of the Rules of and of provisions requiring changing the name and removing the Senate, the amended bill was read by title and referred to the evidence of the name; and to provide for related matters. Legislative Bureau.

Reported favorably by the Committee on Senate and HOUSE BILL NO. 1666— BY REPRESENTATIVE DANIEL Governmental Affairs. Under the provisions of Joint Rule No. 3 of AN ACT the Rules of the Senate, the bill was read by title and referred to the To amend and reenact R.S. 30:213(A), relative to geophysical Legislative Bureau. surveys and information;to provide for ownership of the data gathered through such surveys; and to provide for related HOUSE BILL NO. 1656— matters. BY REPRESENTATIVE WRIGHT AN ACT To enact R.S. 33:3834.1, relative to water supply; to provide that the Reported favorably by the Committee on Natural Resources. governing authorities of waterworks systems are not required to Under the provisions of Joint Rule No. 3 of the Rules of the Senate, hire an engineer for certain public works; and to provide for the bill was read by title and referred to the Legislative Bureau. related matters. HOUSE BILL NO. 1682— BY REPRESENTATIVES HONEY AND DANIEL Reported with amendments by the Committee on Local and AN ACT Municipal Affairs. To amend and reenact R.S. 12:202.1(C), relative to quasi-public nonprofit corporations; to provide that such corporation created SENATE COMMITTEE AMENDMENTS to acquire and operate a public transportation system in East Baton Rouge Parish is a political subdivision; to provide that the Amendments proposed by Senate Committee on Local and Municipal assets of such corporation are public property; and to provide Affairs to Engrossed House Bill No. 1656 by Representative Wright for related matters.

AMENDMENT NO. 1 Reported favorably by the Committee on Local and Municipal On page 1, line 10, change "twenty-five" to "fifty" Affairs. Under the provisions of Joint Rule No. 3 of the Rules of the

1558 42nd DAY'S PROCEEDINGS Page 27 SENATE June 11, 2004

Senate, the bill was read by title and referred to the Legislative Rules Suspended Bureau. Senator Fontenot asked for and obtained a suspension of the HOUSE BILL NO. 1720 (Substitute for House Bill No. 1669 rules for the purpose of advancing to the order of by Rep. Broome)— BY REPRESENTATIVE BROOME AN ACT House Concurrent Resolutions To enact Chapter 31 of Title 25 of the Louisiana Revised Statutes of Subject to Call 1950, to be comprised of R.S. 25:1270.1 through 1270.4, to establish the Neighborhood Enhancement Program within the The following House Concurrent Resolutions, subject to call Department of Culture, Recreation and Tourism; to provide for were read and acted upon as follows: program requirements; and to provide for related matters. Called from the Calendar Reported with amendments by the Committee on Local and Municipal Affairs. Senator Fontenot asked that House Concurrent Resolution No. 322 be called from the Calendar at this time. SENATE COMMITTEE AMENDMENTS HOUSE CONCURRENT RESOLUTION NO. 322— Amendments proposed by Senate Committee on Local and Municipal BY REPRESENTATIVE PIERRE Affairs to Engrossed House Bill No. 1720 by Representative Broome A CONCURRENT RESOLUTION To create the State of Louisiana Task Force on Energy Sector AMENDMENT NO. 1 Workforce and Economic Development. On page 1, line 20, delete "since at least 1951" The resolution was read by title. AMENDMENT NO. 2 On page 2, at the end of line 17, insert the following: “ For this Floor Amendments Sent Up purpose, the total number of authorized positions for the department may be increased by not more than one position.” Senator Fontenot sent up floor amendments which were read.

AMENDMENT NO. 3 SENATE FLOOR AMENDMENTS On page 4, at the end of line 12, after “population” delete the remainder of the line and delete line 13 in its entirety and insert the Amendments proposed by Senator Fontenot to Original House following: “is in households with incomes less than one hundred fifty Concurrent Resolution No. 322 by Senator Fontenot percent of the federal poverty level.” AMENDMENT NO. 1 AMENDMENT NO. 4 On page 3, between lines 16 and 17, insert: On page 4, line 24, after “A.” and before “No more” delete “Program " (21) A member appointed by the mayor of the city of New limits.” Orleans. (22) A member appointed by the Louisiana AFL-CIO to AMENDMENT NO. 5 represent that organization." On page 5, line 14, change "2011" to "2010" On motion of Senator Fontenot, the amendments were adopted. On motion of Senator Fields, the committee amendment was adopted. Under the provisions of Joint Rule No. 3 of the Rules of Senator Fontenot moved to concur in the amended House the Senate, the amended bill was read by title and referred to the Concurrent Resolution. Legislative Bureau. ROLL CALL HOUSE BILL NO. 1721 (Substitute for House Bill No. 1684 by Representative Gary Smith)— The roll was called with the following result: BY REPRESENTATIVE GARY SMITH AN ACT YEAS To enact Chapter 13-D of Title 33 of the Louisiana Revised Statutes of 1950, to be comprised of R.S. 33:4720.51 through 4720.59, Mr. President Duplessis Jones relative to St. Charles Parish; to provide with respect to blighted Adley Dupre Kostelka property; to authorize St. Charles Parish to acquire and dispose Amedee Ellington Malone of such property under certain circumstances; to provide Bajoie Fields Marionneaux definitions; and to provide for related matters. Barham Fontenot McPherson Boasso Gautreaux, B Michot Reported favorably by the Committee on Local and Municipal Boissiere Gautreaux, N Mount Affairs. Under the provisions of Joint Rule No. 3 of the Rules of the Cain Heitmeier Nevers Senate, the bill was read by title and referred to the Legislative Chaisson Holden Smith Bureau. Cheek Hollis Theunissen

1559 Page 28 SENATE 42nd DAY'S PROCEEDINGS June 11, 2004

Cravins Irons Ullo (3) One Louisiana resident member of the Aircraft Owners and Dardenne Jackson Pilots Association from a list of three names submitted by its Total—35 president. NAYS (4) One member of the Department of Transportation and Development from a list of three names submitted by the secretary Total—0 of the department. (5) One Louisiana resident member of the Helicopters ABSENT International Association from a list of three names submitted by its president. Hainkel Romero (6) Two members of the Louisiana Airport Managers Lentini Schedler Association, one representing a commercial service airport and one Total—4 representing a general aviation airport, from two lists of three names, one list from commercial service airports and one list for general The Chair declared the Senate had concurred in the amended aviation airports, submitted by its president. House Concurrent Resolution and ordered it returned to the House. (7) One member of the Louisiana Agricultural Aviation Association from a list of three names submitted by its president. Senator Fields in the Chair (8) One Louisiana resident member of the Experimental Aircraft Association from a list of three names submitted by its president. Senate Concurrent Resolutions (9) The president of the Senate or his designee. Returned from the House of Representatives (10) The speaker of the House of Representatives or his designee." with Amendments Senator Theunissen moved to concur in the amendments The following Senate Concurrent Resolutions returned from the proposed by the House. House of Representatives with amendments were taken up and acted upon as follows: ROLL CALL SENATE CONCURRENT RESOLUTION NO. 3— BY SENATOR THEUNISSEN The roll was called with the following result: A CONCURRENT RESOLUTION To continue the Governor's Aviation Advisory Commission, as YEAS created by Senate Concurrent Resolution 78 of the 1997 Regular Session of the Legislature of Louisiana. Mr. President Dupre Kostelka Adley Ellington Malone The resolution was read by title. Returned from the House of Amedee Fields Marionneaux Representatives with the following amendments: Bajoie Fontenot McPherson Barham Gautreaux, B Michot HOUSE FLOOR AMENDMENTS Boasso Gautreaux, N Mount Cain Heitmeier Nevers Amendments proposed by Representative Faucheux to Original Chaisson Holden Smith Senate Concurrent Resolution No. 3 by Senator Theunissen Cravins Hollis Theunissen Dardenne Irons Ullo AMENDMENT NO. 1 Duplessis Jones On page 1, line 3, after "Louisiana" insert ", and to provide for its Total—32 membership" NAYS

AMENDMENT NO. 2 Total—0 On page 1, line 13, after "Louisiana," delete the remainder of the line ABSENT and insert "and revises the" Boissiere Jackson Schedler AMENDMENT NO. 3 Cheek Lentini On page 1, between lines 14 and 15, insert as follows: Hainkel Romero "BE IT FURTHER RESOLVED that the commission shall be Total—7 composed of the following members who shall be appointed by the governor: The Chair declared the amendments proposed by the House (1) One Louisiana resident member of the Air Transport Pilot were concurred in. Senator Theunissen moved to reconsider the vote Association from a list of three names submitted by its president. by which the amendments were concurred in and laid the motion on (2) One Louisiana resident member of the National Business the table. Aviation Association from a list of three names submitted by its president.

1560 42nd DAY'S PROCEEDINGS Page 29 SENATE June 11, 2004

SENATE CONCURRENT RESOLUTION NO. 16— The Chair declared the amendments proposed by the House BY SENATOR DARDENNE were concurred in. Senator Dardenne moved to reconsider the vote A CONCURRENT RESOLUTION by which the amendments were concurred in and laid the motion on To urge and request judges who sentence juveniles to the custody of the table. the office of youth development to require immunization for Hepatitis B as a condition of sentencing. SENATE CONCURRENT RESOLUTION NO. 20— BY SENATOR NEVERS The resolution was read by title. Returned from the House of A CONCURRENT RESOLUTION Representatives with the following amendments: To memorialize the Congress of the United States to appropriate and expedite funding for the development of a hurricane evacuation HOUSE COMMITTEE AMENDMENTS route in Louisiana and .

Amendments proposed by House Committee on Administration of The resolution was read by title. Returned from the House of Criminal Justice to Original Senate Concurrent Resolution No. 16 by Representatives with the following amendments: Senator Dardenne HOUSE COMMITTEE AMENDMENTS AMENDMENT NO. 1 On page 1, at the end of line 2, delete "the office of youth" and at the Amendments proposed by House Committee on Transportation, beginning of line 3, delete "development" and insert in lieu thereof Highways and Public Works to Original Senate Concurrent "local juvenile detention facilities" Resolution No. 20 by Senator Nevers

AMENDMENT NO. 2 AMENDMENT NO. 1 On page 2, line 7, delete "the office of youth development" and insert On page 1, between lines 16 and 17, insert the following: in lieu thereof "local juvenile detention facilities" "WHEREAS, additionally, the proposed evacuation route should include a four-lane route from Paris Road, which is also known as AMENDMENT NO. 3 Louisiana Highway 47, and connect in New Orleans into the On page 2, line 11, delete "the office of youth development" and proposed four-lane evacuation route from New Orleans, Louisiana to insert in lieu thereof "local juvenile detention facilities" the Mississippi state line; and"

Senator Dardenne moved to concur in the amendments proposed AMENDMENT NO. 2 by the House. On page 1, delete line 17 and insert the following: "WHEREAS, since Highway 25 and Highway 47 are already ROLL CALL designated as evacuation routes, each of the"

The roll was called with the following result: Senator Nevers moved to concur in the amendments proposed by the House. YEAS ROLL CALL Mr. President Ellington Lentini Adley Fields Malone The roll was called with the following result: Amedee Fontenot Marionneaux Bajoie Gautreaux, B McPherson YEAS Barham Gautreaux, N Michot Boasso Heitmeier Mount Mr. President Dupre Kostelka Cain Holden Nevers Adley Ellington Lentini Chaisson Hollis Smith Amedee Fields Malone Cravins Irons Theunissen Bajoie Fontenot Marionneaux Dardenne Jackson Ullo Barham Gautreaux, B McPherson Duplessis Jones Boasso Gautreaux, N Michot Dupre Kostelka Cain Heitmeier Mount Total—34 Chaisson Holden Nevers NAYS Cravins Hollis Smith Dardenne Jackson Theunissen Total—0 Duplessis Jones Ullo ABSENT Total—33 NAYS Boissiere Hainkel Schedler Cheek Romero Total—0 Total—5 ABSENT

Boissiere Hainkel Romero

1561 Page 30 SENATE 42nd DAY'S PROCEEDINGS June 11, 2004

Cheek Irons Schedler Hainkel Romero Schedler Total—6 Total—3

The Chair declared the amendments proposed by the House The Chair declared the amendments proposed by the House were concurred in. Senator Nevers moved to reconsider the vote by were concurred in. Senator McPherson moved to reconsider the vote which the amendments were concurred in and laid the motion on the by which the amendments were concurred in and laid the motion on table. the table.

Mr. President in the Chair SENATE CONCURRENT RESOLUTION NO. 31— BY SENATOR HOLDEN SENATE CONCURRENT RESOLUTION NO. 24— A CONCURRENT RESOLUTION BY SENATOR MCPHERSON To urge and request the state Department of Education to provide to A CONCURRENT RESOLUTION the Louisiana Legislature, through the members of the Senate To urge and request the governor to adopt a policy that ensures the Committee on Education and the House Committee on public's right to access and use, for both navigation and fishing, Education, a report on school performance, as measured by the naturally navigable waterways in the state. school and district accountability program, excluding the effect of the test results of students who are classified as special The resolution was read by title. Returned from the House of education students, other than those that are gifted and talented. Representatives with the following amendments: The resolution was read by title. Returned from the House of HOUSE COMMITTEE AMENDMENTS Representatives with the following amendments:

Amendments proposed by House Committee on Natural Resources HOUSE COMMITTEE AMENDMENTS to Engrossed Senate Concurrent Resolution No. 24 by Senator McPherson Amendments proposed by House Committee on Education to Original Senate Concurrent Resolution No. 31 by Senator Holden AMENDMENT NO. 1 On page 1, line 2, delete "adopt a policy that ensures" and insert AMENDMENT NO. 1 "support policies that ensure" On page 1, line 2, after "request the" and before "to provide" change "state Department of Education" to "State Board of Elementary and AMENDMENT NO. 2 Secondary Education" On page 2, line 23, after "governor" delete the remainder of the line and insert in lieu thereof "to support policies that" AMENDMENT NO. 2 On page 2, line 16, after "request the" and before "to provide" change Senator McPherson moved to concur in the amendments "state Department of Education" to "State Board of Elementary and proposed by the House. Secondary Education"

ROLL CALL Senator Holden moved to concur in the amendments proposed by the House. The roll was called with the following result: ROLL CALL YEAS The roll was called with the following result: Mr. President Duplessis Jones Adley Dupre Kostelka YEAS Amedee Ellington Lentini Bajoie Fields Malone Mr. President Duplessis Jones Barham Fontenot Marionneaux Adley Dupre Kostelka Boasso Gautreaux, B McPherson Amedee Ellington Lentini Boissiere Gautreaux, N Michot Bajoie Fields Malone Cain Heitmeier Mount Barham Fontenot Marionneaux Chaisson Holden Nevers Boasso Gautreaux, B McPherson Cheek Hollis Smith Boissiere Gautreaux, N Michot Cravins Irons Theunissen Cain Heitmeier Mount Dardenne Jackson Ullo Chaisson Holden Nevers Total—36 Cheek Hollis Smith NAYS Cravins Irons Theunissen Dardenne Jackson Ullo Total—0 Total—36 ABSENT NAYS

1562 42nd DAY'S PROCEEDINGS Page 31 SENATE June 11, 2004

Total—0 ABSENT Total—0 ABSENT Hainkel Romero Schedler Total—3 Hainkel Romero Schedler Total—3 The Chair declared the amendments proposed by the House were concurred in. Senator Holden moved to reconsider the vote by The Chair declared the amendments proposed by the House which the amendments were concurred in and laid the motion on the were concurred in. Senator N. Gautreaux moved to reconsider the table. vote by which the amendments were concurred in and laid the motion on the table. SENATE CONCURRENT RESOLUTION NO. 36— BY SENATOR N. GAUTREAUX SENATE CONCURRENT RESOLUTION NO. 46— A CONCURRENT RESOLUTION BY SENATOR MCPHERSON To urge and request the Department of Health and Hospitals to A CONCURRENT RESOLUTION study the feasibility and the fiscal impact of raising the To create the Louisiana Task Force on Electronic Medical Records to Medicaid eligibility income level to one hundred percent of the study electronic prescribing and electronic medical records to federal poverty level for those with disabilities. improve the quality and safety of health care in this state.

The resolution was read by title. Returned from the House of The resolution was read by title. Returned from the House of Representatives with the following amendments: Representatives with the following amendments:

HOUSE COMMITTEE AMENDMENTS HOUSE COMMITTEE AMENDMENTS

Amendments proposed by House Committee on Health and Welfare Amendments proposed by House Committee on Health and Welfare to Original Senate Concurrent Resolution No. 36 by Senator N. to Engrossed Senate Concurrent Resolution No. 46 by Senator Gautreaux McPherson

AMENDMENT NO. 1 AMENDMENT NO. 1 On page 2, after line 6, add the following: On page 1, delete lines 2 through 4 in their entirety and insert "To "BE IT FURTHER RESOLVED that a copy of this Resolution direct the Department of Health and Hospitals to study the shall be transmitted to the secretary of the Department of Health feasibility of real-time electronic prescribing and electronic medical and Hospitals." records to improve the quality and safety of health care and reduce fraud and abuse of prescription drugs." AMENDMENT NO. 2 On page 2, at the end of line 4, after "Financing," and before "report" AMENDMENT NO. 2 change "will" to "shall" On page 1, line 12, after "WHEREAS," and before "electronic" insert "real-time" Senator N. Gautreaux moved to concur in the amendments proposed by the House. AMENDMENT NO. 3 On page 1, delete lines 15 and 16 and insert in lieu thereof: ROLL CALL "WHEREAS, the Legislature of Louisiana acknowledges that The roll was called with the following result: abuse of prescription drugs is a growing problem; and WHEREAS, real-time electronic monitoring of prescription YEAS writing and fulfillment can be an effective tools for preventing fraud and abuse of prescription drugs; and Mr. President Duplessis Jones WHEREAS, the Department of Healt h and Hospitals should Adley Dupre Kostelka determine the feasibility of the administering a pilot program to Amedee Ellington Lentini demonstrate the effectiveness of real-time prescription writing, Bajoie Fields Malone monitoring, and fulfillment not later than August 2004." Barham Fontenot Marionneaux Boasso Gautreaux, B McPherson AMENDMENT NO. 4 Boissiere Gautreaux, N Michot On page 2, delete lines 1 through 29 in their entirety and inert in lieu Cain Heitmeier Mount thereof: Chaisson Holden Nevers "BE IT FURTHER RESOLVED that the Department of Health Cheek Hollis Smith and Hospitals shall study the feasibility of real-time electronic Cravins Irons Theunissen prescribing and electronic medical records to improve the quality and Dardenne Jackson Ullo safety of health care and reduce fraud and abuse of prescription drugs Total—36 and report its findings to the legislature not later than March 1, 2005. NAYS

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BE IT FURTHER RESOLVED that a suitable copy of this AMENDMENT NO. 3 Resolution shall be transmitted to the secretary of the Department of On page 2, line 1, after "Supervisors of" delete the remainder of the Health and Hospitals." line and at the beginning of line 2, delete "Technical College System" and insert "Community and Technical Colleges" Senator McPherson moved to reject the amendments proposed by the House. AMENDMENT NO. 4 On page 2, line 5, after "from the Board of Supervisors of" delete the ROLL CALL remainder of the line and at the beginning of line 6, change "Community and Technical College System," to "Community and The roll was called with the following result: Technical Colleges,"

YEAS AMENDMENT NO. 5 On page 2, at the beginning of line 7, change "of community colleges Mr. President Duplessis Jones and vocational technical schools" to "of the community and technical Adley Dupre Kostelka colleges" Amedee Ellington Lentini Bajoie Fields Malone AMENDMENT NO. 6 Barham Fontenot Marionneaux On page 2, line 9, after "within the" and before "based" change Boasso Gautreaux, B McPherson "system" to "Louisiana Community and Technical College System" Boissiere Gautreaux, N Michot Cain Heitmeier Mount AMENDMENT NO. 7 Chaisson Holden Nevers On page 2, at the beginning of line 16, change "commission" to Cheek Hollis Smith "commissioner" Cravins Irons Theunissen Dardenne Jackson Ullo AMENDMENT NO. 8 Total—36 On page 2, at the end of line 17, delete "the Louisiana" NAYS AMENDMENT NO. 9 Total—0 On page 2, at the end of line 18, change "College." to "Colleges." ABSENT Senator Holden moved to concur in the amendments proposed Hainkel Romero Schedler by the House. Total—3 ROLL CALL The Chair declared the amendments proposed by the House were rejected. Senator McPherson moved to reconsider the vote by The roll was called with the following result: which the amendments were rejected and laid the motion on the table. YEAS SENATE CONCURRENT RESOLUTION NO. 49— BY SENATOR HOLDEN Mr. President Dupre Kostelka A CONCURRENT RESOLUTION Adley Ellington Lentini To urge and request the Board of Regents to develop a plan for the Amedee Fields Malone coordinated expansion of community colleges throughout the Bajoie Fontenot Marionneaux state which accounts for and includes the provision of Barham Gautreaux, B McPherson educational services as well as the needed capital facility. Boasso Gautreaux, N Michot Boissiere Heitmeier Mount The resolution was read by title. Returned from the House of Chaisson Holden Nevers Representatives with the following amendments: Cheek Hollis Smith Cravins Irons Theunissen HOUSE COMMITTEE AMENDMENTS Dardenne Jackson Ullo Duplessis Jones Amendments proposed by House Committee on Education to Total—35 Reengrossed Senate Concurrent Resolution No. 49 by Senator Holden NAYS

AMENDMENT NO. 1 Total—0 On page 1, line 3, after "of" and before "throughout" change ABSENT "community colleges" to "the community and technical colleges" Cain Romero AMENDMENT NO. 2 Hainkel Schedler On page 1, line 13, after "WHEREAS," and before "the Board" delete Total—4 "as"

1564 42nd DAY'S PROCEEDINGS Page 33 SENATE June 11, 2004

The Chair declared the amendments proposed by the House Cain Hainkel Nevers were concurred in. Senator Holden moved to reconsider the vote by Chaisson Heitmeier Smith which the amendments were concurred in and laid the motion on the Cheek Holden Theunissen table. Cravins Hollis Ullo Dardenne Irons SENATE CONCURRENT RESOLUTION NO. 84— Total—35 BY SENATOR MCPHERSON AND REPRESENTATIVE DURAND NAYS A CONCURRENT RESOLUTION To urge and request that the Department of Health and Hospitals Total—0 study the issue of the health care delivery system in Louisiana ABSENT and the establishment of a more integrated delivery system statewide. Kostelka Romero Lentini Schedler The resolution was read by title. Returned from the House of Total—4 Representatives with the following amendments: The Chair declared the amendments proposed by the House HOUSE FLOOR AMENDMENTS were concurred in. Senator McPherson moved to reconsider the vote by which the amendments were concurred in and laid the motion on Amendments proposed by Representative Durand to Original Senate the table. Concurrent Resolution No. 84 by Senator McPherson SENATE CONCURRENT RESOLUTION NO. 95— AMENDMENT NO. 1 BY SENATOR MCPHERSON AND REPRESENTATIVE DURAND On page 1, between lines 9 and 10, insert the following: A CONCURRENT RESOLUTION "WHEREAS, the charity hospital system currently faces To establish a framework for permanent regional health care a drastic funding and health care services delivery crisis and the consortiums designed to continue the work begun by the regional closure of even one hospital would be devastating to health care summits called by the governor in 2004. delivery in this state; and" The resolution was read by title. Returned from the House of AMENDMENT NO. 2 Representatives with the following amendments: On page 2, at the end of line 7, delete the period "." and insert "; and" HOUSE COMMITTEE AMENDMENTS AMENDMENT NO. 3 On page 2, between lines 7 and 8, insert the following: Amendments proposed by House Committee on Health and Welfare "WHEREAS, by providing more local control, in conjunction to Original Senate Concurrent Resolution No. 95 by Senator with local and state funding, the hospitals may be in a better position McPherson to survive and deliver health care services." AMENDMENT NO. 1 AMENDMENT NO. 4 On page 4, line 5, change "of" to "from" On page 2, between lines 10 and 11, insert the following: "BE IT FURTHER RESOLVED, that the Department of Health AMENDMENT NO. 2 and Hospitals shall also focus on providing for local control and On page 4, delete lines 15-16 operations of the hospitals and finding possible means of revenue, in addition to any state revenue." AMENDMENT NO. 3 On page 4, line 26, after "shall" insert "submit a written " Senator McPherson moved to concur in the amendments proposed by the House. AMENDMENT NO. 4 On page 4, line 27, between "and" and "at" insert "report" ROLL CALL Senator McPherson moved to concur in the amendments The roll was called with the following result: proposed by the House. ROLL CALL YEAS The roll was called with the following result: Mr. President Duplessis Jackson Adley Dupre Jones YEAS Amedee Ellington Malone Bajoie Fields Marionneaux Mr. President Dupre Kostelka Barham Fontenot McPherson Adley Ellington Lentini Boasso Gautreaux, B Michot Amedee Fields Malone Boissiere Gautreaux, N Mount Bajoie Fontenot Marionneaux

1565 Page 34 SENATE 42nd DAY'S PROCEEDINGS June 11, 2004

Barham Gautreaux, B McPherson WHEREAS, the legislature finds that the proposed strategic plan Boasso Gautreaux, N Michot should accomplish the goals of civil commitment for sexually violent Boissiere Hainkel Mount predators, with a focus on the best clinical practices delivered in an Cain Heitmeier Nevers efficient safe environment in a comprehensive and fiscally Chaisson Holden Smith responsible manner, particularly on the lack of resources, increasing Cheek Hollis Theunissen need for community services, impact on the civil mental health Cravins Irons Ullo population, and maintaining public safety; and Dardenne Jackson WHEREAS, the legislature finds that the existing Forensic Duplessis Jones Strategic Task Force originally established by Senate Concurrent Total—37 Resolution No. 28 of the 2002 Regular Session is the appropriate NAYS body to study the specific issue of identification, commitment, and treatment of sexually violent predators and to recommend a strategic Total—0 plan to the legislature for consideration." ABSENT AMENDMENT NO. 2 Romero Schedler On page 2, between lines 10 and 11, insert the following: Total—2 "BE IT FURTHER RESOLVED that the legislature does hereby create a subcommittee, within the Forensic Strategic Task Force, to The Chair declared the amendments proposed by the House specifically study the issue of identification, commitment, and were concurred in. Senator McPherson moved to reconsider the vote treatment of sexually violent predators, in order to develop and by which the amendments were concurred in and laid the motion on implement an effective comprehensive statewide system of control, the table. monitoring, and treatment of this identified population. BE IT FURTHER RESOLVED that within thirty days after the SENATE CONCURRENT RESOLUTION NO. 110— final passage of this Resolution, that the chairmen of the Forensic BY SENATOR CHAISSON Strategic Task Force shall appoint a chairman of the subcommittee to A CONCURRENT RESOLUTION study civil commitment of sexually violent predators. To extend the authority for the Forensic Strategic Task Force until BE IT FURTHER RESOLVED that the subcommittee chairman July 1, 2006. shall have authority and responsibility for facilitating and overseeing the work of the subcommittee and shall designate working members The resolution was read by title. Returned from the House of with appropriate skill, training and expertise in the area of Representatives with the following amendments: identification, commitment, and treatment of sexually violent predators, in order to develop and implement an effective HOUSE COMMITTEE AMENDMENTS comprehensive statewide system of control, monitoring, and treatment of this identified population in a professional and timely Amendments proposed by House Committee on House and manner. Governmental Affairs to Original Senate Concurrent Resolution No. BE IT FURTHER RESOLVED that the subcommittee chairman 110 by Senator Chaisson shall have authority and responsibility for facilitating and overseeing a review of the current authority, responsibility, and effectiveness of AMENDMENT NO. 1 the DPS&C in identification and treatment of sexually violent On page 2, delete line 6 and insert the following: "comprehensive p redators and the current process of communication between law study; and enforcement agencies regarding their status while these individuals are WHEREAS, the legislature finds that there exists a small but under the custody and control of the DPS&C. extremely dangerous number of sexually violent predators who, BE IT FURTHER RESOLVED that within sixty days after the because of a mental abnormality, are likely to commit a sex offense if final passage of this Resolution, the subcommittee shall examine the not treated for their mental abnormality. The legislature further finds laws of the various states and identify each state that has enacted that because the current judicial commitment procedure under R.S. identification, treatment, and civil commitment laws for sexually 28:54 et seq., is intended to provide short-term treatment to violent predators and shall begin review of those programs. individuals with serious mental disorders, it is inadequate to address BE IT FURTHER RESOLVED that, within one hundred eighty the special needs of sexually violent predators and the risk they days after final passage of this Resolution, the subcommittee shall present to society; and complete the study of the individual identification, treatment, and WHEREAS, the legislature finds that a strategic plan regarding civil commitment programs and shall submit a summary of its identification, treatment, and an involuntary civil commitment findings to both the chairman of the subcommittee and the chairmen process for the potentially long-term control, care, and treatment of of the full Forensic Strategic Task Force. sexually violent predators is necessary; and BE IT FURTHER RESOLVED that this subcommittee report WHEREAS, the legislature finds that a review of the current shall contain information, including but not limited to: authority, responsibility, and effectiveness of the Department of (a) The type of identification, treatment, and civil commitment Public Safety and Corrections ("DPS&C") in identification and scheme for sexually violent predators, whether it is an in-patient or treatment of sexually violent predators and the current process of community-based program, and the report shall also address how communication between law enforcement agencies regarding their different jurisdictions have dealt with issues regarding less restrictive status, while these individuals are under the custody and control of alternatives. DPS&C is necessary; and

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(b) Total overall costs of each identification, treatment, and Bajoie Fontenot Marionneaux commitment scheme for a sexually violent predator, including Barham Gautreaux, B McPherson whether funds are state general funds or have federal matching funds. Boasso Gautreaux, N Michot (c) Total manpower needs of each identification, treatment, and Boissiere Hainkel Mount commitment scheme for sexually violent predators. Cain Heitmeier Nevers (d) Successful legal challenges in both state and federal courts to Chaisson Holden Smith each identification, treatment, and commitment scheme for sexually Cheek Hollis Theunissen violent predators. Cravins Irons Ullo (e) Anticipated procedural and administrative problems related Dardenne Jackson to the adoption of each identification, treatment and commitment Duplessis Jones scheme for sexually violent predators. Total—37 (f) Anticipated needs with regard to in-patient facilities or NAYS community-based facilities or group homes. (g) Rate of recidivism for each identification, treatment, and civil Total—0 commitment scheme for sexually violent predators. ABSENT (h) Documentation of unanticipated problems encountered by each identification, treatment, and civil commitment scheme for Romero Schedler sexually violent predators. Total—2 (i) Documentation of overall perceived success of each identification, treatment, and commitment scheme for sexually violent The Chair declared the amendments proposed by the House predators. were concurred in. Senator Mount moved to reconsider the vote by (j) A review of the current authority, responsibility, and which the amendments were concurred in and laid the motion on the effectiveness of the DPS&C in identification and treatment of table. sexually violent predators and the current process of communication between law enforcement agencies regarding their status while these SENATE CONCURRENT RESOLUTION NO. 121— individuals are under the custody and control of the DPS&C. BY SENATOR FIELDS BE IT FURTHER RESOLVED that, within two hundred A CONCURRENT RESOLUTION seventy days after the final passage of this Resolution, designated To create the Predatory Lending Prevention Task Force to study the members of the subcommittee will conduct on-site visits of a conditions in the Louisiana housing finance market and address representative sample of the civil commitment programs in identified the issues and concerns relative to protecting Louisiana citizens jurisdictions and shall submit a report on each visit to both the from predatory lending practices. chairman of the subcommittee and the chairmen of the full Forensic Strategic Task Force. The resolution was read by title. Returned from the House of BE IT FURTHER RESOLVED that, within one year after the Representatives with the following amendments: final passage of this Resolution, the subcommittee shall submit a proposal for a strategic plan for a civil commitment scheme containing a detailed fiscal note to the chairman of the subcommittee, the chairmen of the full task force, the chairman of the Senate Committee on Judiciary C, the chairman of the House Committee on HOUSE COMMITTEE AMENDMENTS the Administration of Criminal Justice, the president of the Senate, and the speaker of the House of Representatives. Amendments proposed by House Committee on House and BE IT FURTHER RESOLVED that such proposal shall outline Governmental Affairs to Original Senate Concurrent Resolution No. how the proposed scheme will accomplish the goals of civil 121 by Senator Fields commitment for sexually violent predators, with a focus on best clinical practices delivered in an efficient safe environment in a AMENDMENT NO. 1 comprehensive and fiscally responsible manner, particularly on the On page 1, line 2, after "To" and before "to study" delete "create the lack of resources, increasing need for community services, impact on Predatory Lending Prevention Task Force" and insert "request the civil mental health population, and maintaining public safety." House Committee on Commerce and the Senate Committee on Commerce, Consumer Protection, and International Affairs to meet Senator Mount moved to concur in the amendments proposed and function as a joint committee" by the House. AMENDMENT NO. 2 ROLL CALL On page 2, delete line 9, and insert "request the House Committee on Commerce and the Senate Committee on Commerce, Consumer The roll was called with the following result: Protection, and International Affairs to meet and function as a joint committee to study the conditions in the" YEAS AMENDMENT NO. 3 Mr. President Dupre Kostelka On page 2, line 12, after "that the" delete the remainder of the line Adley Ellington Lentini and delete lines 13 through 30 and on page 3, delete lines 1 through Amedee Fields Malone 3 and insert the following: "joint committee shall specifically solicit the input, recommendations, and advice of the following:

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(1) The Louisiana Bankers Association. ABSENT (2) The Office of the Attorney General. (3) The Office of Financial Institutions. Romero Schedler (4) The Greater New Orleans Fair Housing Action Center. Total—2 (5) The Louisiana Consumer Finance Association. (6) The Louisiana Chapter of the American Association of The Chair declared the amendments proposed by the House Retired Persons. were concurred in. Senator Fields moved to reconsider the vote by (7) The Louisiana Chapter of the Association for Community which the amendments were concurred in and laid the motion on the Organizations for Reform Now. table. (8) The Southern University College of Business. (9) The E.J. Ourso College of Business Administration at SENATE CONCURRENT RESOLUTION NO. 136— Louisiana StateUniversity. BY SENATOR JACKSON (10) The Community Bankers of Louisiana. A CONCURRENT RESOLUTION (11) The Greater Baton Rouge Area Community Economic To continue and provide for the Louisiana Task Force on Indigent Development Coalition. Defense Services. (12) The Louisiana Land Title Association. (13) The Louisiana Mortgage Lenders Association." The resolution was read by title. Returned from the House of Representatives with the following amendments: AMENDMENT NO. 4 On page 3, line 5, after "assist the" and before "by providing" delete HOUSE COMMITTEE AMENDMENTS "Predatory Lending Prevention Task Force" and insert "joint committee" Amendments proposed by House Committee on Administration of Criminal Justice to Original Senate Concurrent Resolution No. 136 by AMENDMENT NO. 5 Senator Jackson On page 3, delete lines 8 through 10 in their entirety AMENDMENT NO. 1 AMENDMENT NO. 6 On page 5, between lines 11 and 12, insert "(38) The director of the On page 3, line 11, after "RESOLVED that" delete the remainder of Juvenile Justice Project of Louisiana." the line and delete lines 12 through 14 and insert the following: "the joint committee shall conduct such research, meetings, and Senator Jackson moved to concur in the amendments proposed hearings as it deems appropriate and shall compile its findings and by the House. recommendations into a final report, including any suggested or recommended legislation, which shall be submitted to the Louisiana ROLL CALL Legislature prior to January 1, 2006." The roll was called with the following result: Senator Fields moved to concur in the amendments proposed by the House. YEAS

ROLL CALL Mr. President Dupre Kostelka Adley Ellington Lentini The roll was called with the following result: Amedee Fields Malone Bajoie Fontenot Marionneaux YEAS Barham Gautreaux, B McPherson Boasso Gautreaux, N Michot Mr. President Dupre Kostelka Boissiere Hainkel Mount Adley Ellington Lentini Cain Heitmeier Nevers Amedee Fields Malone Chaisson Holden Smith Bajoie Fontenot Marionneaux Cheek Hollis Theunissen Barham Gautreaux, B McPherson Cravins Irons Ullo Boasso Gautreaux, N Michot Dardenne Jackson Boissiere Hainkel Mount Duplessis Jones Cain Heitmeier Nevers Total—37 Chaisson Holden Smith NAYS Cheek Hollis Theunissen Cravins Irons Ullo Total—0 Dardenne Jackson ABSENT Duplessis Jones Total—37 Romero Schedler NAYS Total—2

Total—0

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The Chair declared the amendments proposed by the House ROLL CALL were concurred in. Senator Jackson moved to reconsider the vote by which the amendments were concurred in and laid the motion on the The roll was called with the following result: table. YEAS Rules Suspended Mr. President Dupre Kostelka Senator Bajoie asked for and obtained a suspension of the rules Adley Ellington Lentini for the purpose of taking up at this time. Amedee Fields Malone Bajoie Fontenot Marionneaux Senate Concurrent Resolutions Barham Gautreaux, B McPherson to be Adopted, Subject to Call Boasso Gautreaux, N Michot Boissiere Hainkel Mount The following Senate Concurrent Resolutions to be adopted, Cain Heitmeier Nevers subject to call, were taken up and acted upon as follows: Chaisson Holden Smith Cheek Hollis Theunissen Called from the Calendar Cravins Irons Ullo Dardenne Jackson Senator Bajoie asked that Senate Concurrent Resolution No. 151 Duplessis Jones be called from the Calendar at this time for its final passage. Total—37 NAYS SENATE CONCURRENT RESOLUTION NO. 151— BY SENATOR BAJOIE Total—0 A CONCURRENT RESOLUTION ABSENT To establish a group to study and make recommendations regarding assisted living communities in Louisiana to ensure that sound Romero Schedler public policy, regulations, and laws are based upon best Total—2 practices. The Chair declared the Senate had adopted the amended Senate Floor Amendments Sent Up Concurrent Resolution and ordered it sent to the House.

Senator Bajoie sent up floor amendments which were read. Rules Suspended

SENATE FLOOR AMENDMENTS Senator Bajoie asked for and obtained a suspension of the rules for the purpose of taking up at this time. Amendments proposed by Senator Bajoie to Engrossed Senate Concurrent Resolution No. 151 by Senator Bajoie Senate Bills and Joint Resolutions on Third Reading AMENDMENT NO. 1 and Final Passage On page 2, between lines 29 and 30, insert the following: The following Senate Bills and Joint Resolutions on third reading “(20) A representative of the Louisiana Nursing Home Association. and final passage were taken up and acted upon as follows: (21) A representative of the Louisiana Long Term Care Foundation.” SENATE BILL NO. 787— AMENDMENT NO. 2 BY SENATOR CRAVINS On page 3, delete lines 5 and 6 AN ACT To enact R.S. 33:9038.25, relative to special districts; to create the AMENDMENT NO. 3 city of Opelousas Special District; to provide for the purpose On page 3, delete line 18 and insert “the Louisiana Assisted Living and governance of the district; to provide for its rights and Association, the Louisiana Nursing Home Association, and the powers, including the authority for tax increment financing by Louisiana Long Term Care Foundation.” the district; to provide for an effective date; and to provide for related matters. On motion of Senator Bajoie, the amendments were adopted. On motion of Senator Bajoie, the bill was read by title and The resolution was read by title. Senator Bajoie moved to adopt returned to the Calendar, subject to call. the amended Senate Concurrent Resolution. Rules Suspended

Senator Amedee asked for and obtained a suspension of the rules for the purpose of taking up at this time.

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House Concurrent Resolutions The resolution was read by title. Senator Duplessis moved to on Second Reading concur in the House Concurrent Resolution. Reported by Committees ROLL CALL The following House Concurrent Resolutions reported by Committees were taken up and acted upon as follows: The roll was called with the following result:

HOUSE CONCURRENT RESOLUTION NO. 25— YEAS BY REPRESENTATIVE FAUCHEUX A CONCURRENT RESOLUTION Mr. President Dupre Lentini To urge and request the Louisiana High School Athletic Association Adley Ellington Malone to prepare warnings regarding dietary supplements containing Amedee Fields Marionneaux ephedra for distribution at high schools in the state of Louisiana. Bajoie Fontenot McPherson Barham Gautreaux, B Michot Reported favorably by the Committee on Education. Boasso Gautreaux, N Mount Boissiere Hainkel Nevers The resolution was read by title. Senator Amedee moved to Chaisson Heitmeier Smith concur in the House Concurrent Resolution. Cheek Holden Theunissen Cravins Hollis Ullo ROLL CALL Dardenne Jackson Duplessis Jones The roll was called with the following result: Total—34 NAYS YEAS Total—0 Mr. President Dardenne Jones ABSENT Adley Duplessis Lentini Amedee Dupre Malone Cain Kostelka Schedler Bajoie Ellington Marionneaux Irons Romero Barham Gautreaux, B McPherson Total—5 Boasso Gautreaux, N Michot Boissiere Hainkel Mount The Chair declared the Senate had concurred in the House Cain Heitmeier Nevers Concurrent Resolution and ordered it returned to the House. Chaisson Holden Smith Cheek Hollis Theunissen HOUSE CONCURRENT RESOLUTION NO. 79— Cravins Irons Ullo BY REPRESENTATIVE DURAND Total—33 A CONCURRENT RESOLUTION NAYS To urge and request the Louisiana Health Works Commission to convene a task force to study the status of salaries of Total—0 postsecondary education faculty in nursing and allied health ABSENT occupations, relative to corresponding salaries of other faculty, nurses, and allied health practitioners in the private sector and Fields Jackson Romero to submit a written report of its findings and recommendations Fontenot Kostelka Schedler to improve the level of faculty salaries for these individuals to Total—6 the Louisiana Health Works Commission, the Louisiana Board of Regents, the House Committee on Health and Welfare, the The Chair declared the Senate had concurred in the House Senate Committee on Health and Welfare, the House Committee Concurrent Resolution and ordered it returned to the House. on Education, and the Senate Committee on Education prior to the convening of the 2005 Regular Session. HOUSE CONCURRENT RESOLUTION NO. 76— BY REPRESENTATIVES RICHMOND, BAYLOR, AND GLOVER Reported favorably by the Committee on Education. A CONCURRENT RESOLUTION To create the Louisiana Housing and Community Development The resolution was read by title. Senator N. Gautreaux moved Advisory Task Force to study and develop recommendations to concur in the House Concurrent Resolution. for regional and statewide strategies and initiatives to meet the housing and community development needs of Louisiana. ROLL CALL

Reported favorably by the Committee on Local and Municipal The roll was called with the following result: Affairs. YEAS

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Mr. President Dupre Kostelka Irons Romero Schedler Adley Ellington Lentini Total—3 Amedee Fields Malone Bajoie Fontenot Marionneaux The Chair declared the Senate had concurred in the House Barham Gautreaux, B McPherson Concurrent Resolution and ordered it returned to the House. Boasso Gautreaux, N Michot Boissiere Hainkel Mount HOUSE CONCURRENT RESOLUTION NO. 143— Cain Heitmeier Nevers BY REPRESENTATIVE LAFLEUR Chaisson Holden Smith A CONCURRENT RESOLUTION Cheek Hollis Theunissen To urge and request the Department of Transportation and Cravins Irons Ullo Development to designate Louisiana Highway 167 within Dardenne Jackson Evangeline Parish as a Blue Star Memorial Highway in honor of Duplessis Jones the citizens of Evangeline Parish who have served, are now Total—37 serving, or will serve in the armed forces of the United States NAYS and to authorize placement of a Blue Star Memorial Highway monument along this route. Total—0 ABSENT Reported favorably by the Committee on Transportation, Highways, and Public Works. Romero Schedler Total—2 The resolution was read by title. Senator Hines moved to concur in the House Concurrent Resolution. The Chair declared the Senate had concurred in the House Concurrent Resolution and ordered it returned to the House. ROLL CALL

HOUSE CONCURRENT RESOLUTION NO. 121— The roll was called with the following result: BY REPRESENTATIVE QUEZAIRE A CONCURRENT RESOLUTION YEAS To authorize and direct the Department of Public Safety and Corrections to include the image of a pelican on the standard Mr. President Duplessis Jones private passenger motor vehicle license plate. Adley Dupre Kostelka Amedee Ellington Lentini Reported favorably by the Committee on Transportation, Bajoie Fields Malone Highways, and Public Works. Barham Fontenot Marionneaux Boasso Gautreaux, B McPherson The resolution was read by title. Senator Amedee moved to Boissiere Gautreaux, N Michot concur in the House Concurrent Resolution. Cain Hainkel Mount Chaisson Heitmeier Nevers ROLL CALL Cheek Holden Smith Cravins Hollis Theunissen The roll was called with the following result: Dardenne Jackson Ullo Total—36 YEAS NAYS

Mr. President Duplessis Jones Total—0 Adley Dupre Kostelka Amedee Ellington Lentini Bajoie Fields Malone Barham Fontenot Marionneaux ABSENT Boasso Gautreaux, B McPherson Boissiere Gautreaux, N Michot Irons Romero Schedler Cain Hainkel Mount Total—3 Chaisson Heitmeier Nevers Cheek Holden Smith The Chair declared the Senate had concurred in the House Cravins Hollis Theunissen Concurrent Resolution and ordered it returned to the House. Dardenne Jackson Ullo Total—36 HOUSE CONCURRENT RESOLUTION NO. 148— NAYS BY REPRESENTATIVES BURRELL, JEFFERSON, AND MARCHAND A CONCURRENT RESOLUTION Total—0 To urge and request the House Committee on Municipal, Parochial ABSENT and Cultural Affairs and the Senate Committee on Local and Municipal Affairs to meet and function as a joint committee to

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study and make recommendations for the creation of a state HOUSE CONCURRENT RESOLUTION NO. 172— office of urban reengineering and reinvestment, including but not BY REPRESENTATIVES JANE SMITH AND CAZAYOUX limited to its structure, powers, duties, functions, A CONCURRENT RESOLUTION responsibilities, and funding, and in conducting such study to To urge and request the Louisiana School Boards Association, the obtain assistance, information, and recommendations from Louisiana Association of School Superintendents, and the certain organizations and agencies. Louisiana Association of School Executives to make available without delay to each of their members copies of Opinion No. Reported favorably by the Committee on Local and Municipal 03-0351 issued November 13, 2003, by the office of the state Affairs. attorney general confirming the authority of local public school boards to adopt regulations concerning the possession by On motion of Senator Jackson, the resolution was read by title students of cellular telephones while students are in school, on and returned to the Calendar, subject to call. school grounds, and in school buses, provided such regulations meet certain standards and guidelines, the letter requesting the HOUSE CONCURRENT RESOLUTION NO. 154— opinion, and this Resolution. BY REPRESENTATIVE WINSTON A CONCURRENT RESOLUTION Reported favorably by the Committee on Education. To urge and request the Department of Transportation and Development to seek immediate funding to widen and replace T he resolution was read by title. Senator Malone moved to the two-lane bridge located along which concur in the House Concurrent Resolution. crosses the Tchefuncte River in St. Tammany Parish. ROLL CALL Reported favorably by the Committee on Transportation, Highways, and Public Works. The roll was called with the following result:

The resolution was read by title. Senator Hainkel moved to YEAS concur in the House Concurrent Resolution. Mr. President Duplessis Jones ROLL CALL Adley Dupre Kostelka Amedee Ellington Lentini The roll was called with the following result: Bajoie Fields Malone Barham Fontenot Marionneaux YEAS Boasso Gautreaux, B McPherson Boissiere Gautreaux, N Michot Mr. President Dupre Jones Cain Hainkel Mount Adley Ellington Kostelka Chaisson Heitmeier Nevers Amedee Fields Lentini Cheek Holden Smith Bajoie Fontenot Malone Cravins Hollis Theunissen Barham Gautreaux, B Marionneaux Dardenne Jackson Ullo Boasso Gautreaux, N McPherson Total—36 Boissiere Hainkel Michot NAYS Cain Heitmeier Mount Chaisson Holden Nevers Total—0 Cheek Hollis Smith ABSENT Cravins Irons Theunissen Dardenne Jackson Ullo Irons Romero Schedler Total—36 Total—3 NAYS The Chair declared the Senate had concurred in the House Total—0 Concurrent Resolution and ordered it returned to the House. ABSENT HOUSE CONCURRENT RESOLUTION NO. 174— Duplessis Romero Schedler BY REPRESENTATIVE MARTINY Total—3 A CONCURRENT RESOLUTION To urge and request the chairman of the Greater New Orleans The Chair declared the Senate had concurred in the House Expressway Commission, commonly referred to as "The Concurrent Resolution and ordered it returned to the House. Causeway Commission" to comply with current law providing for the free and unhampered passage by firemen on toll bridges and ferries.

Reported favorably by the Committee on Transportation, Highways, and Public Works.

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The resolution was read by title. Senator Lentini moved to Cravins Irons Ullo concur in the House Concurrent Resolution. Dardenne Jackson Duplessis Jones ROLL CALL Total—37 NAYS The roll was called with the following result: Total—0 YEAS ABSENT

Mr. President Duplessis Jackson Romero Schedler Adley Dupre Jones Total—2 Amedee Ellington Lentini Bajoie Fields Malone The Chair declared the Senate had concurred in the House Barham Fontenot Marionneaux Concurrent Resolution and ordered it returned to the House. Boasso Gautreaux, B McPherson Boissiere Gautreaux, N Michot HOUSE CONCURRENT RESOLUTION NO. 190— Cain Hainkel Mount BY REPRESENTATIVE DOWNS Chaisson Heitmeier Nevers A CONCURRENT RESOLUTION Cheek Holden Smith To request the Department of Transportation and Development to Cravins Hollis Theunissen erect "slower traffic keep right" signs on all state highways with Dardenne Irons Ullo four or more lanes. Total—36 Reported favorably by the Committee on Transportation, NAYS Highways, and Public Works. Total—0 ABSENT The resolution was read by title. Senator Kostelka moved to concur in the House Concurrent Resolution. Kostelka Romero Schedler Total—3 ROLL CALL

The Chair declared the Senate had concurred in the House The roll was called with the following result: Concurrent Resolution and ordered it returned to the House. YEAS HOUSE CONCURRENT RESOLUTION NO. 186— BY REPRESENTATIVE QUEZAIRE Mr. President Dupre Kostelka A CONCURRENT RESOLUTION Adley Ellington Lentini To urge and request the governor to support the Sea Point container Amedee Fields Malone transfer facility project. Bajoie Fontenot Marionneaux Barham Gautreaux, B McPherson Reported favorably by the Committee on Transportation, Boasso Gautreaux, N Michot Highways, and Public Works. Boissiere Hainkel Mount Cain Heitmeier Nevers The resolution was read by title. Senator Marionneaux moved Chaisson Holden Smith to concur in the House Concurrent Resolution. Cheek Hollis Theunissen Cravins Irons Ullo ROLL CALL Dardenne Jackson Duplessis Jones The roll was called with the following result: Total—37 NAYS YEAS Total—0 Mr. President Dupre Kostelka ABSENT Adley Ellington Lentini Amedee Fields Malone Romero Schedler Bajoie Fontenot Marionneaux Total—2 Barham Gautreaux, B McPherson Boasso Gautreaux, N Michot The Chair declared the Senate had concurred in the House Boissiere Hainkel Mount Concurrent Resolution and ordered it returned to the House. Cain Heitmeier Nevers Chaisson Holden Smith Cheek Hollis Theunissen

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HOUSE CONCURRENT RESOLUTION NO. 193— ROLL CALL BY REPRESENTATIVE STRAIN A CONCURRENT RESOLUTION The roll was called with the following result: To urge and request the Department of Transportation and Development to install a traffic signal at the intersection of YEAS Louisiana Highways 442, 443, and 40 in Loranger, Louisiana. Mr. President Dupre Kostelka Reported favorably by the Committee on Transportation, Adley Ellington Lentini Highways, and Public Works. Amedee Fields Malone Bajoie Fontenot Marionneaux The resolution was read by title. Senator Nevers moved to Barham Gautreaux, B McPherson concur in the House Concurrent Resolution. Boasso Gautreaux, N Michot Boissiere Hainkel Mount ROLL CALL Cain Heitmeier Nevers Chaisson Holden Smith The roll was called with the following result: Cheek Hollis Theunissen Cravins Irons Ullo YEAS Dardenne Jackson Duplessis Jones Mr. President Dupre Kostelka Total—37 Adley Ellington Lentini NAYS Amedee Fields Malone Bajoie Fontenot Marionneaux Total—0 Barham Gautreaux, B McPherson ABSENT Boasso Gautreaux, N Michot Boissiere Hainkel Mount Romero Schedler Cain Heitmeier Nevers Total—2 Chaisson Holden Smith Cheek Hollis Theunissen The Chair declared the Senate had concurred in the House Cravins Irons Ullo Concurrent Resolution and ordered it returned to the House. Dardenne Jackson Duplessis Jones HOUSE CONCURRENT RESOLUTION NO. 204— Total—37 BY REPRESENTATIVE ROMERO A CONCURRENT RESOLUTION To memorialize the United States Congress to provide for franking NAYS privileges for persons called to active service in the armed forces of the United States so that their families can send them Total—0 supplies, gifts, or other personal items while serving our country ABSENT in foreign countries.

Romero Schedler Reported favorably by the Committee on Senate and Total—2 Governmental Affairs.

The Chair declared the Senate had concurred in the House The resolution was read by title. Senator Hines moved to concur Concurrent Resolution and ordered it returned to the House. in the House Concurrent Resolution.

HOUSE CONCURRENT RESOLUTION NO. 197— ROLL CALL BY REPRESENTATIVES CRANE, BROOME, SALTER, AND HUNTER AND SENATORS HOLDEN AND ULLO A CONCURRENT RESOLUTION The roll was called with the following result: To create the Adult Learning Task Force within the office of the governor for the purpose of reviewing policies and programs YEAS related to adult learning in the state of Louisiana and to provide that the task force shall submit a written report to the Mr. President Ellington Lentini Legislature of Louisiana on the state of adult learning in Adley Fields Malone Louisiana by not later than January 30, 2005. Amedee Fontenot Marionneaux Bajoie Gautreaux, B McPherson Reported favorably by the Committee on Education. Barham Gautreaux, N Michot Boasso Hainkel Mount The resolution was read by title. Senator Dardenne moved to Cain Heitmeier Nevers concur in the House Concurrent Resolution. Chaisson Holden Schedler Cheek Hollis Smith

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Cravins Irons Theunissen HOUSE CONCURRENT RESOLUTION NO. 254— Dardenne Jackson Ullo BY REPRESENTATIVE WRIGHT Duplessis Jones A CONCURRENT RESOLUTION Dupre Kostelka To urge and request the Board of Regents to study the advantages Total—37 and disadvantages of having a member of the House Committee NAYS on Education and a member of the Senate Committee on Education serve as members of the Board of Regents and to Total—0 submit a written report of its findings and recommendations to ABSENT the House Committee on Education and the Senate Committee on Education prior to the beginning of the 2005 Regular Session. Boissiere Romero Total—2 Reported favorably by the Committee on Education.

The Chair declared the Senate had concurred in the House The resolution was read by title. Senator Ullo moved to concur Concurrent Resolution and ordered it returned to the House. in the House Concurrent Resolution.

HOUSE CONCURRENT RESOLUTION NO. 211— ROLL CALL BY REPRESENTATIVE FAUCHEUX A CONCURRENT RESOLUTION The roll was called with the following result: To urge and request the commissioner of conservation, the Louisiana Municipal Association, and the Police Jury Association to YEAS study compliance by Louisiana cities, towns, villages, and special districts in an underground utility regional damage Mr. President Dupre Kostelka prevention program. Adley Ellington Lentini Amedee Fields Malone Reported favorably by the Committee on Natural Resources. Bajoie Fontenot Marionneaux Barham Gautreaux, B McPherson The resolution was read by title. Senator Amedee moved to Boasso Gautreaux, N Michot concur in the House Concurrent Resolution. Boissiere Hainkel Mount Cain Heitmeier Nevers ROLL CALL Chaisson Holden Schedler Cheek Hollis Smith The roll was called with the following result: Cravins Irons Theunissen Dardenne Jackson Ullo YEAS Duplessis Jones Total—38 Mr. President Dupre Kostelka NAYS Adley Ellington Lentini Amedee Fields Malone Total—0 Bajoie Fontenot Marionneaux ABSENT Barham Gautreaux, B McPherson Boasso Gautreaux, N Michot Romero Boissiere Hainkel Mount Total—1 Cain Heitmeier Nevers Chaisson Holden Schedler The Chair declared the Senate had concurred in the House Cheek Hollis Smith Concurrent Resolution and ordered it returned to the House. Cravins Irons Theunissen Dardenne Jackson Ullo HOUSE CONCURRENT RESOLUTION NO. 255— Duplessis Jones BY REPRESENTATIVE WRIGHT Total—38 A CONCURRENT RESOLUTION NAYS To urge and request the State Board of Elementary and Secondary Education to study the advantages and disadvantages of having Total—0 a member of the House Committee on Education and a member ABSENT of the Senate Committee on Education serve as members of the State Board of Elementary and Secondary Education and to Romero submit a written report of its findings and recommendations to Total—1 the House Committee on Education and the Senate Committee The Chair declared the Senate had concurred in the House on Education prior to the beginning of the 2005 Regular Session. Concurrent Resolution and ordered it returned to the House. Reported favorably by the Committee on Education.

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The resolution was read by title. Senator Ullo moved to concur Cain Heitmeier Nevers in the House Concurrent Resolution. Chaisson Holden Schedler Cheek Hollis Smith ROLL CALL Cravins Jackson Theunissen Dardenne Jones Ullo The roll was called with the following result: Total—36 NAYS YEAS Total—0 Mr. President Dupre Kostelka ABSENT Adley Ellington Lentini Amedee Fields Malone Hainkel Irons Romero Bajoie Fontenot Marionneaux Total—3 Barham Gautreaux, B McPherson Boasso Gautreaux, N Michot The Chair declared the Senate had concurred in the House Boissiere Hainkel Mount Concurrent Resolution and ordered it returned to the House. Cain Heitmeier Nevers Chaisson Holden Schedler HOUSE CONCURRENT RESOLUTION NO. 278— Cheek Hollis Smith BY REPRESENTATIVE DORSEY A CONCURRENT RESOLUTION Cravins Irons Theunissen To urge and request the Department of Public Safety and Dardenne Jackson Ullo Duplessis Jones Corrections, office of motor vehicles, to study the fees and taxes Total—38 imposed by Louisiana and other states on pickup trucks and NAYS sport utility vehicles (SUVs), and to report its findings and recommendations to the Legislature of Louisiana prior to the Total—0 convening of the 2005 Regular Session. ABSENT Reported favorably by the Committee on Transportation, Romero Highways, and Public Works. Total—1 The resolution was read by title. Senator Fields moved to The Chair declared the Senate had concurred in the House concur in the House Concurrent Resolution. Concurrent Resolution and ordered it returned to the House. ROLL CALL HOUSE CONCURRENT RESOLUTION NO. 267— BY REPRESENTATIVE MCVEA The roll was called with the following result: A CONCURRENT RESOLUTION To urge and request the Department of Public Safety and YEAS Corrections, office of state police, to provide for the re-routing of traffic on during the Clinton Mr. President Dupre Kostelka Community Market event. Adley Ellington Lentini Amedee Fields Malone Reported favorably by the Committee on Transportation, Bajoie Fontenot Marionneaux Highways, and Public Works. Barham Gautreaux, B McPherson Boasso Gautreaux, N Michot The resolution was read by title. Senator Ellington moved to Boissiere Hainkel Mount concur in the House Concurrent Resolution. Cain Heitmeier Nevers Chaisson Holden Schedler ROLL CALL Cheek Hollis Smith Cravins Irons Theunissen The roll was called with the following result: Dardenne Jackson Ullo Duplessis Jones YEAS Total—38 NAYS Mr. President Duplessis Kostelka Adley Dupre Lentini Total—0 Amedee Ellington Malone ABSENT Bajoie Fields Marionneaux Barham Fontenot McPherson Romero Boasso Gautreaux, B Michot Total—1 Boissiere Gautreaux, N Mount

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The Chair declared the Senate had concurred in the House Reported favorably by the Committee on Transportation, Concurrent Resolution and ordered it returned to the House. Highways, and Public Works.

HOUSE CONCURRENT RESOLUTION NO. 280— The resolution was read by title. Senator Ellington moved to BY REPRESENTATIVE ODINET concur in the House Concurrent Resolution. A CONCURRENT RESOLUTION To urge and request the Department of Transportation and ROLL CALL Development to erect directional signage on West Judge Perez Drive in Arabi, Louisiana indicating the exit to St. Louise de The roll was called with the following result: Marillac Elementary School. YEAS Reported favorably by the Committee on Transportation, Highways, and Public Works. Mr. President Dupre Kostelka The resolution was read by title. Senator Dardenne moved to Adley Ellington Lentini Amedee Fields Malone concur in the House Concurrent Resolution. Bajoie Fontenot Marionneaux Barham Gautreaux, B McPherson ROLL CALL Boasso Gautreaux, N Michot Boissiere Hainkel Mount The roll was called with the following result: Cain Heitmeier Nevers Chaisson Holden Schedler YEAS Cheek Hollis Smith Cravins Irons Theunissen Mr. President Dupre Kostelka Dardenne Jackson Ullo Adley Ellington Lentini Duplessis Jones Amedee Fields Malone Total—38 Bajoie Fontenot Marionneaux NAYS Barham Gautreaux, B McPherson Boasso Gautreaux, N Michot Total—0 Boissiere Hainkel Mount ABSENT Cain Heitmeier Nevers Chaisson Holden Schedler Romero Cheek Hollis Smith Total—1 Cravins Irons Theunissen Dardenne Jackson Ullo The Chair declared the Senate had concurred in the House Duplessis Jones Concurrent Resolution and ordered it returned to the House. Total—38 NAYS HOUSE CONCURRENT RESOLUTION NO. 297— BY REPRESENTATIVE BALDONE Total—0 A CONCURRENT RESOLUTION ABSENT To memorialize the Department of the Interior to reevaluate the establishment of duck season, taking into consideration changes Romero in climate and bird migration patterns. Total—1 Reported favorably by the Committee on Natural Resources. The Chair declared the Senate had concurred in the House Concurrent Resolution and ordered it returned to the House. The resolution was read by title. Senator Dupre moved to concur in the House Concurrent Resolution. HOUSE CONCURRENT RESOLUTION NO. 283— BY REPRESENTATIVE WRIGHT ROLL CALL A CONCURRENT RESOLUTION To urge and request the Department of Transportation and The roll was called with the following result: Development to make it a priority to erect appropriate signage along multilane state and interstate highways indicating that the YEAS left lane is for passing only and that slower traffic must keep right in an effort to educate the motoring public and that the Mr. President Dupre Jones Department of Public Safety and Corrections, office of motor Amedee Ellington Kostelka vehicles, include no less than one question on the knowledge test Bajoie Fields Lentini it administers for issuance of drivers' licenses regarding the Barham Fontenot Malone requirement that slower traffic travel in the right lane. Boasso Gautreaux, B McPherson Boissiere Gautreaux, N Michot

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Cain Hainkel Mount Rules Suspended Chaisson Heitmeier Nevers Cheek Holden Schedler Senator Bajoie asked for and obtained a suspension of the rules Cravins Hollis Smith for the purpose of taking up at this time. Dardenne Irons Theunissen Duplessis Jackson Ullo House Bills and Joint Resolutions on Total—36 Third Reading NAYS and Final Passage Marionneaux The following House Bills and Joint Resolutions on third reading Total—1 ABSENT and final passage were taken up and acted upon as follows: HOUSE BILL NO. 1154— Adley Romero BY REPRESENTATIVE DURAND Total—2 AN ACT To amend and reenact Children's Code Article 603(3) and to repeal The Chair declared the Senate had concurred in the House R.S. 46:1441.6(A), relative to child care; to relocate the Concurrent Resolution and ordered it returned to the House. responsibilities of the investigations of abuse and neglect; to change definitions; and to provide for related matters. HOUSE CONCURRENT RESOLUTION NO. 299— BY REPRESENTATIVE BALDONE The bill was read by title. Senator Jackson moved the final A CONCURRENT RESOLUTION To urge and request the Department of Wildlife and Fisheries to passage of the bill. study the feasibility of permitting the taking of pen-raised mallard south of Interstate 10 and north of Louisiana Highway ROLL CALL 14. The roll was called with the following result: Reported favorably by the Committee on Natural Resources. YEAS The resolution was read by title. Senator N. Gautreaux moved to concur in the House Concurrent Resolution. Mr. President Dupre Kostelka Adley Ellington Lentini ROLL CALL Amedee Fields Malone Bajoie Fontenot Marionneaux The roll was called with the following result: Barham Gautreaux, B McPherson Boasso Gautreaux, N Michot YEAS Boissiere Hainkel Mount Cain Heitmeier Nevers Mr. President Duplessis Jones Chaisson Holden Schedler Adley Dupre Lentini Cheek Hollis Smith Irons Theunissen Amedee Ellington Marionneaux Cravins Jackson Ullo Bajoie Fields Michot Dardenne Barham Fontenot Mount Duplessis Jones Boasso Gautreaux, B Nevers Total—38 Boissiere Gautreaux, N Schedler NAYS Cain Hainkel Smith Chaisson Heitmeier Theunissen Total—0 Cheek Holden Ullo ABSENT Cravins Hollis Dardenne Jackson Romero Total—34 Total—1 NAYS The Chair declared the bill was passed. The title was read and adopted. Senator Jackson moved to reconsider the vote by which the Malone McPherson Total—2 bill was passed and laid the motion on the table. ABSENT Senator McPherson in the Chair Irons Kostelka Romero Total—3 The Chair declared the Senate had concurred in the House Concurrent Resolution and ordered it returned to the House.

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HOUSE BILL NO. 1165— ROLL CALL BY REPRESENTATIVE MORRISH AN ACT The roll was called with the following result: To amend and reenact R.S. 38:1794(B)(2), relative to drainage districts; to provide relative to compensation of certain YEAS members; and to provide for related matters. Mr. President Dupre Kostelka The bill was read by title. Senator Theunissen moved the final Adley Ellington Lentini passage of the bill. Amedee Fields Malone Bajoie Fontenot Marionneaux ROLL CALL Barham Gautreaux, B McPherson Boasso Gautreaux, N Michot The roll was called with the following result: Boissiere Hainkel Mount Cain Heitmeier Nevers YEAS Chaisson Holden Schedler Cheek Hollis Smith Mr. President Dupre Kostelka Cravins Irons Theunissen Adley Ellington Lentini Dardenne Jackson Ullo Amedee Fields Malone Duplessis Jones Bajoie Fontenot Marionneaux Total—38 Barham Gautreaux, B McPherson NAYS Boasso Gautreaux, N Michot Boissiere Hainkel Mount Total—0 Cain Heitmeier Nevers ABSENT Chaisson Holden Schedler Cheek Hollis Smith Romero Cravins Irons Theunissen Total—1 Dardenne Jackson Ullo Duplessis Jones The Chair declared the bill was passed. The title was read and Total—38 adopted. Senator Dardenne moved to reconsider the vote by which NAYS the bill was passed and laid the motion on the table.

Total—0 HOUSE BILL NO. 1217— ABSENT BY REPRESENTATIVE DURAND AN ACT Romero To enact R.S. 40:2006(A)(2)(n) and Part VII-A of Chapter 11 of Total—1 Title 40 of the Louisiana Revised Statutes of 1950, to be comprised of R.S. 40:2192 through R.S. 40:2192.4, relative to The Chair declared the bill was passed. The title was read and pediatric day health care facilities; to provide for licensing; and adopted. Senator Theunissen moved to reconsider the vote by which to provide for related matters. the bill was passed and laid the motion on the table. The bill was read by title. Senator McPherson moved the final Mr. President in the Chair passage of the bill.

HOUSE BILL NO. 1181— ROLL CALL BY REPRESENTATIVES DANIEL AND BROOME AN ACT The roll was called with the following result: To amend and reenact R.S. 33:2881 and R.S. 47:2183(C)(1) and(E), relative to tax sales of immovable property and acquisition of YEAS adjudicated property from a political subdivision; to provide with respect to notice of sale by tax sale purchaser; to provide Mr. President Duplessis Jones relative to the affidavit authorized to be filed by the purchaser Adley Dupre Kostelka or donee of property adjudicated to a political subdivision; and Amedee Ellington Lentini to provide for related matters. Bajoie Fields Malone Barham Fontenot Marionneaux The bill was read by title. Senator Dardenne moved the final Boasso Gautreaux, B McPherson passage of the bill. Boissiere Gautreaux, N Michot Cain Hainkel Mount Chaisson Heitmeier Schedler Cheek Holden Smith Cravins Hollis Theunissen

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Dardenne Jackson Ullo (1) The legal name and address of the company receiving the Total—36 investment. NAYS (2) A brief description of the nature of the business. (3) The NAICS code for the investment. Total—0 (4) The date and amount of the investment. ABSENT (5) The percent guaranteed, the guaranteed amount, and from whom the guarantee was received. Irons Nevers Romero (6) Whether the investment was a participation purchased or Total—3 sold, and whom it was purchased from or sold to. * * *" The Chair declared the bill was passed. The title was read and adopted. Senator McPherson moved to reconsider the vote by which AMENDMENT NO. 6 the bill was passed and laid the motion on the table. On page 12, between lines 15 and 16, insert the following: "(7) Unless approved by the commissioner, the total amount of HOUSE BILL NO. 1261— financing assistance provided by a licensee outside of this state shall BY REPRESENTATIVE PINAC not exceed fifty percent of the total financing assistance provided by AN ACT such licensee on a cumulative basis." To amend and reenact R.S. 51:2386, 2387, 2388, 2389(E)(1)(c) and (F)(1), 2391, 2392, 2393, 2394, 2395(A), (B)(2)(a), (D), and On motion of Senator Hollis, the amendments were adopted. (F)(3), 2396(D)(6), (F), and (G)(1)(d), and 2397(A)(1)(b) and (2), (D), (E), and (G)(2)(a), relative to the Louisiana Business The bill was read by title. Senator Hollis moved final passage of and Industrial Corporation Act; to provide for participation of the amended bill. Louisiana limited liability companies; to provide for certain additional licensing requirements; and to provide for related ROLL CALL matters. The roll was called with the following result: Floor Amendments Sent Up YEAS Senator Hollis sent up floor amendments which were read. Mr. President Duplessis Kostelka SENATE FLOOR AMENDMENTS Adley Dupre Lentini Amedee Ellington Malone Amendments proposed by Senator Hollis to Reengrossed House Bill Bajoie Fields Marionneaux No. 1261 by Representative Pinac Barham Fontenot McPherson Boasso Gautreaux, B Michot AMENDMENT NO. 1 Boissiere Gautreaux, N Mount Delete Senate Committee Amendment No. 1 proposed by the Senate Cain Heitmeier Nevers Committee on Commerce, Consumer Protection, and International Chaisson Holden Smith Affairs and adopted by the Senate on June 3, 2004. Cheek Hollis Theunissen Cravins Jackson Ullo AMENDMENT NO. 2 Dardenne Jones On page 1, line 4 between "(G)(2)(a)" and the comma "," insert "and Total—35 to enact R.S. 51:2389(H)" NAYS

AMENDMENT NO. 3 Total—0 On page 1, line 6 after "requirements;" insert "to provide for certain ABSENT additional reporting requirements;" Hainkel Romero AMENDMENT NO. 4 Irons Schedler On page 1, line 11 after "reenacted" insert "and R.S. 51:2389(H) is Total—4 hereby enacted" The Chair declared the amended bill was passed. The title was AMENDMENT NO. 5 read and adopted. Senator Hollis moved to reconsider the vote by On page 6, between lines 5 and 6 insert the following: which the bill was passed and laid the motion on the table. "H. If the licensee elects to provide financing assistance outside of this state, then beginning October 1, 2004, and each quarter Recess thereafter, the licensee shall report to the commissioner a listing of all financing assistance provided to business firms that the licensee made On motion of Senator Bajoie, the Senate took a recess until 1:30 during the previous calendar quarter. Such report shall segregate all o'clock P.M. investments made outside of this state and include but not be limited to the following:

1580 42nd DAY'S PROCEEDINGS Page 49 SENATE June 11, 2004

After Recess HOUSE CONCURRENT RESOLUTION NO. 265— BY REPRESENTATIVE PITRE The Senate was called to order at 1:30 o'clock P.M. by the A CONCURRENT RESOLUTION To urge and request the State Land Office to prioritize its surveying President of the Senate. efforts so as to complete the coastal parishes first.

ROLL CALL The resolution was read by title. Senator B. Gautreaux moved to concur in the House Concurrent Resolution. The roll being called, the following members answered to their names: ROLL CALL PRESENT The roll was called with the following result: Mr. President Dupre Kostelka Adley Ellington Lentini YEAS Amedee Fields Malone Dupre Marionneaux Bajoie Fontenot Marionneaux Mr. President Ellington McPherson Barham Gautreaux, B McPherson Adley Boasso Gautreaux, N Michot Amedee Gautreaux, B Michot Boissiere Hainkel Mount Barham Gautreaux, N Mount Boasso Heitmeier Nevers Cain Heitmeier Nevers Hollis Schedler Chaisson Holden Romero Boissiere Irons Smith Cheek Hollis Schedler Cain Jackson Theunissen Cravins Irons Smith Chaisson Dardenne Jackson Theunissen Cheek Jones Ullo Duplessis Jones Ullo Cravins Kostelka Total—39 Duplessis Lentini Total—31 ABSENT NAYS Total—0 Total—0 The President of the Senate announced there were 39 Senators ABSENT present and a quorum. Bajoie Fontenot Malone Dardenne Hainkel Romero Senate Business Resumed Fields Holden Total—8 Appointment of Conference Committee on Senate Concurrent Resolution No. 46 The Chair declared the Senate had concurred in the House Concurrent Resolution, and ordered it returned to the House. The President of the Senate appointed the following members to confer with a like committee from the House for the purpose of Mr. President in the Chair considering the disagreement on Senate Concurrent Resolution No. 46: Senators McPherson, Jackson and N. Gautreaux. Rules Suspended

Appointment of Conference Committee Senator Smith asked for and obtained a suspension of the rules on House Bill No. 648 for the purpose of taking up at this time.

The President of the Senate appointed on the Conference Introduction of Senate Resolutions Committee on House Bill No. 648 the following members of the Senate: Senators Heitmeier, Boissiere and McPherson. Senator Bajoie asked for and obtained a suspension of the rules for the purpose of introducing and reading the following Senate Senator Michot in the Chair Resolutions a first and second time and acting upon them as follows:

Rules Suspended SENATE RESOLUTION NO. 128— BY SENATOR HOLLIS Senator B. Gautreaux asked for and obtained a suspension of the A RESOLUTION rules for the purpose of recalling House Concurrent Resolution No. To urge and request the governor to contact the state of 265 from the Committee on Natural Resources. regarding an illegal, high-speed car race from Dallas to New Orleans known as the "Bull Run".

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On motion of Senator Hollis, the resolution was read by title and Mr. President Fields Lentini adopted. Amedee Fontenot Malone Boissiere Gautreaux, B Marionneaux SENATE RESOLUTION NO. 129— Cain Gautreaux, N McPherson BY SENATOR HOLLIS Chaisson Hainkel Michot A RESOLUTION Cheek Heitmeier Mount To express the sincere condolences of the Senate of the Legislature of Cravins Holden Nevers Louisiana upon the death of Ray Charles, a true American Dardenne Hollis Schedler musical icon. Duplessis Irons Smith Dupre Jackson Theunissen On motion of Senator Hollis, the resolution was read by title and Ellington Jones Ullo adopted. Total—33 NAYS SENATE RESOLUTION NO. 130— BY SENATOR MARIONNEAUX Boasso A RESOLUTION Adley To amend and readopt Rule No. 1.2(C) of the Rules of the Order of Barham Kostelka the Senate, to provide that the Senate president shall designate Total—4 a place in the Senate balcony for the news media. ABSENT

On motion of Senator Bajoie, the resolution was read by title and Bajoie Romero referred to the Committee on Senate and Governmental Affairs. Total—2 The Chair declared the Senate had adopted the Senate Rules Suspended Concurrent Resolution and ordered it sent to the House. Senator Ullo asked for and obtained a suspension of the rules for the purpose of taking up at this time. Senator Ellington in the Chair

Senate Concurrent Resolutions Motion to Recommit Reported by Committees Senator Hollis asked for and obtained a suspension of the rules and recommitted House Bill No. 1489 from the Committee on The following Senate Concurrent Resolutions reported by Judiciary A to the Committee on Commerce, Consumer Protection Committees were taken up and acted upon as follows: and International Affairs.

Rules Suspended House Bills and Joint Resolutions on Senator Marionneaux asked for a suspension of the rules for the Third Reading purpose of invoking 5 minute cloture. and Final Passage, Resumed

Without objection, so ordered. The following House Bills and Joint Resolutions on third reading and final passage were taken up and acted upon as follows: SENATE CONCURRENT RESOLUTION NO. 122— BY SENATOR ULLO HOUSE BILL NO. 1264— A CONCURRENT RESOLUTION BY REPRESENTATIVE DANIEL To provide for legislative approval of the formula to determine the AN ACT cost of a minimum foundation program of education in all public To amend and reenact R.S. 13:3715.1(J), relative to medical records; elementary and secondary schools as well as to equitably to provide for the exemption of the State Board of Physical allocate the funds to each parish, city and other local school Therapy Examiners from the requirement to subpoena medical systems as developed by the State Board of Elementary and records through notice or affidavit; and to provide for related Secondary Education and adopted by the board on March 12, matters. 2004, and as subsequently revised pursuant to board action on April 15, 2004. Floor Amendments Sent Up

The resolution was read by title. Senator Ullo moved to adopt Senator Marionneaux sent up floor amendments which were the Senate Concurrent Resolution. read.

ROLL CALL SENATE FLOOR AMENDMENTS

The roll was called with the following result: Amendments proposed by Senator Marionneaux to Engrossed House Bill No. 1264 by Representative Daniel YEAS AMENDMENT NO. 1

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On page 1, line 2, between “13:3715.1(J)” and the comma “,” insert The bill was read by title. Senator Duplessis moved the final “and to enact R.S. 13:3715.1(M)” passage of the bill.

AMENDMENT NO. 2 ROLL CALL On page 1, line 2, after “reenacted” insert “R.S. 13:3715.1(M) is hereby enacted” The roll was called with the following result:

AMENDMENT NO. 3 YEAS On page 2, after line 14, insert the following: “M. Notwithstanding any other provision of law to the Mr. President Dupre Kostelka contrary, once a licensed physical therapist has provided an initial Adley Ellington Lentini physical therapy evaluation, in accordance with R.S. 37:2401(1)(d), Amedee Fields Malone to the referring or treating physician dentist or podiatrist, the licensed Bajoie Fontenot Marionneaux physical therapist shall not be subject to any further obligation Barham Gautreaux, B McPherson regarding the continuing treatment or care of the patient.” Boasso Gautreaux, N Michot Boissiere Hainkel Mount On motion of Senator Marionneaux, the amendments were Cain Heitmeier Nevers adopted. Chaisson Holden Schedler Cheek Hollis Smith The bill was read by title. Senator Marionneaux moved final Cravins Irons Theunissen passage of the amended bill. Dardenne Jackson Ullo Duplessis Jones ROLL CALL Total—38 NAYS The roll was called with the following result: Total—0 YEAS

Adley Ellington Lentini Amedee Fields Malone ABSENT Bajoie Fontenot Marionneaux Barham Gautreaux, B McPherson Romero Boasso Gautreaux, N Michot Total—1 Boissiere Hainkel Mount Cain Heitmeier Nevers The Chair declared the bill was passed. The title was read and Chaisson Holden Schedler adopted. Senator Duplessis moved to reconsider the vote by which Cheek Hollis Smith the bill was passed and laid the motion on the table. Cravins Irons Theunissen Dardenne Jackson Ullo HOUSE BILL NO. 1402— Duplessis Jones BY REPRESENTATIVES WALKER, DURAND, DORSEY, GLOVER, Kostelka GRAY, KATZ, LABRUZZO, WALSWORTH, AND WINSTON Dupre AN ACT Total—37 To enact R.S. 37:1226.2 and to repeal R.S. 37:1226.1, relative to NAYS prescription drugs; to provide for prescription drug returns and exchanges; to provide for redispensing; to provide for Total—0 requirements of donations; to provide for the authority of the ABSENT board to promulgate rules; to provide for limitations of liability; and to provide for related matters. Mr. President Romero Total—2 The bill was read by title. Senator McPherson moved the final passage of the bill. The Chair declared the amended bill was passed. The title was read and adopted. Senator Marionneaux moved to reconsider the vote by which the bill was passed and laid the motion on the table. ROLL CALL The roll was called with the following result: HOUSE BILL NO. 1309— BY REPRESENTATIVE SHEPHERD AN ACT YEAS To enact R.S. 33:9029.2(D), relative to cooperative endeavor agreements; to require certain provisions requiring repayment of Mr. President Dupre Kostelka benefits received from the state; and to provide for related Adley Ellington Lentini matters. Amedee Fields Malone Bajoie Fontenot Marionneaux

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Barham Gautreaux, B McPherson ABSENT Boasso Gautreaux, N Michot Boissiere Hainkel Mount Romero Cain Heitmeier Nevers Total—1 Chaisson Holden Schedler Cheek Hollis Smith The Chair declared the bill was passed. The title was read and Cravins Irons Theunissen adopted. Senator Schedler moved to reconsider the vote by which the Dardenne Jackson Ullo bill was passed and laid the motion on the table. Duplessis Jones Total—38 HOUSE BILL NO. 1499— NAYS BY REPRESENTATIVE FLAVIN AN ACT Total—0 To amend and reenact R.S. 22:6(16)(a), relative to credit life, health, ABSENT and accident insurance; to provide for requirements; to provide for credit obligations; and to provide for related matters. Romero Total—1 The bill was read by title. Senator Cravins moved the final passage of the bill. The Chair declared the bill was passed. The title was read and adopted. Senator McPherson moved to reconsider the vote by which ROLL CALL the bill was passed and laid the motion on the table. The roll was called with the following result: Mr. President in the Chair YEAS HOUSE BILL NO. 1403— BY REPRESENTATIVE GRAY Mr. President Dupre Lentini AN ACT Adley Ellington Malone To amend and reenact R.S. 40:1058.2(A)(9), relative to substance Amedee Fields Marionneaux abuse/addiction treatment facilities; to delete the requirement Bajoie Fontenot McPherson that rules and regulations contain procedures for annual on-site Barham Gautreaux, B Michot surveys and complaint investigations; and to provide for related Boasso Gautreaux, N Mount matters. Boissiere Heitmeier Nevers Cain Holden Schedler The bill was read by title. Senator Schedler moved the final Chaisson Hollis Smith passage of the bill. Cheek Irons Theunissen Cravins Jackson Ullo ROLL CALL Dardenne Jones Duplessis Kostelka The roll was called with the following result: Total—37 NAYS

Total—0 YEAS ABSENT

Mr. President Dupre Kostelka Hainkel Romero Adley Ellington Lentini Total—2 Amedee Fields Malone Bajoie Fontenot Marionneaux The Chair declared the bill was passed. The title was read and Barham Gautreaux, B McPherson adopted. Senator Cravins moved to reconsider the vote by which the Boasso Gautreaux, N Michot bill was passed and laid the motion on the table. Boissiere Hainkel Mount Cain Heitmeier Nevers HOUSE BILL NO. 1500— Chaisson Holden Schedler BY REPRESENTATIVE HAMMETT AN ACT Cheek Hollis Smith Cravins Irons Theunissen To amend and reenact R.S. 37:698(A)(6), (9), and (10), (D)(2), (E), Dardenne Jackson Ullo and (F), and (M) and 700(D)(2), (E), (F), (J), (L), (M), (N), (O), Duplessis Jones and (Q), to enact R.S. 37:698(A)(19) and 700(A)(9) and (10), and to repeal R.S. 37:698(O) and 700(P), relative to professional Total—38 NAYS engineers and professional surveyors; to revise provisions relative to the disciplining of licensees and certificate holders and enforcement proceedings against non-licensees and non- Total—0 certificate holders; and to provide for related matters.

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The bill was read by title. Senator Ellington moved the final AMENDMENT NO. 2 passage of the bill. On page 1, at the bottom of the page, insert: "B. The provision of this Section shall be applicable only in ROLL CALL parishes which both (1) have a population of at least fifty thousand but less than one hundred twenty-five thousand according to the The roll was called with the following result: most recent decennial federal census and (2) have the Red River as a boundary or have the Red River flowing through them." YEAS On motion of Senator N. Gautreaux, the amendments were Mr. President Dupre Lentini adopted. Adley Ellington Malone Amedee Fields Marionneaux The bill was read by title. Senator Adley moved final passage Bajoie Fontenot McPherson of the amended bill. Barham Gautreaux, B Michot Boasso Gautreaux, N Mount ROLL CALL Boissiere Heitmeier Nevers Cain Holden Schedler The roll was called with the following result: Chaisson Hollis Smith Cheek Irons Theunissen YEAS Cravins Jackson Ullo Dardenne Jones Mr. President Dupre Lentini Duplessis Kostelka Adley Ellington Malone Total—37 Amedee Fields Marionneaux NAYS Bajoie Fontenot McPherson Barham Gautreaux, B Michot Total—0 Boasso Gautreaux, N Mount ABSENT Boissiere Heitmeier Nevers Cain Holden Schedler Hainkel Romero Chaisson Hollis Smith Total—2 Cheek Irons Theunissen Cravins Jackson Ullo The Chair declared the bill was passed. The title was read and Dardenne Jones adopted. Senator Ellington moved to reconsider the vote by which Duplessis Kostelka the bill was passed and laid the motion on the table. Total—37 NAYS HOUSE BILL NO. 1504— BY REPRESENTATIVE MONTGOMERY Total—0 AN ACT ABSENT To enact R.S. 39:1405.3, relative to the issuance of industrial revenue bonds; to require the approval of the issuance of such bonds by Hainkel Romero local governmental entities prior to State Bond Commission Total—2 approval; to provide for an effective date; and to provide for related matters. The Chair declared the amended bill was passed. The title was read and adopted. Senator Adley moved to reconsider the vote by Floor Amendments Sent Up which the bill was passed and laid the motion on the table.

Senator N. Gautreaux sent up floor amendments which were HOUSE BILL NO. 1514— read. BY REPRESENTATIVE K. CARTER AN ACT SENATE FLOOR AMENDMENTS To amend and reenact R.S. 22:1410(I) and to enact R.S. 22:1401.1, relative to rates for commercial lines of property and casualty Amendments proposed by Senator N. Gautreaux to Reengrossed insurance; to provide for file and use; to provide for the office of House Bill No. 1504 by Representative Montgomery property and casualty; to provide for procedures; to provide for rules and regulations; and to provide for related matters.

Floor Amendments Sent Up AMENDMENT NO. 1 Delete Senate Committee Amendment No. 3, proposed by the Senate Senator Fields sent up floor amendments which were read. Committee on Revenue and Fiscal Affairs and adopted by the Senate on June 2, 2004. SENATE FLOOR AMENDMENTS

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Amendments proposed by Senator Fields to Reengrossed House Bill HOUSE BILL NO. 1569— No. 1514 by Representative Karen Carter BY REPRESENTATIVE JACK SMITH AN ACT AMENDMENT NO. 1 To enact R.S. 22:249, relative to health care access for the low- On page 1, line 3 delete “commercial lines” income uninsured; to authorize the establishment of community- based health care access programs; and to provide for relat ed AMENDMENT NO. 2 matters. On page 1, line 5 after “regulations;” insert “to prohibit use of credit information in determining whether to refuse, to issue or renew;” The bill was read by title. Senator B. Gautreaux moved the final passage of the bill. AMENDMENT NO. 3 On page 3, between lines 3 and 4 insert the following: ROLL CALL “E. Credit scoring and the use of information concerning a person’s credit worthiness is prohibited in determining whether or The roll was called with the following result: not to issue or renew any policy of personal liability insurance or in determining the policy premium to be paid. Credit scoring and the use YEAS of information concerning a person’s credit worthiness may be used in determining any interest rate to be charged when financing a Mr. President Dupre Lentini premium payment.” Adley Ellington Malone Amedee Fields Marionneaux AMENDMENT NO. 4 Bajoie Fontenot McPherson On page 3, line 4 change “E.” to “F.” Barham Gautreaux, B Michot Boasso Gautreaux, N Mount Senator Fields moved adoption of the amendments. Boissiere Heitmeier Nevers Cain Holden Schedler Senator Hainkel objected. Chaisson Hollis Smith Cheek Irons Theunissen ROLL CALL Cravins Jackson Ullo Dardenne Jones The roll was called with the following result: Duplessis Kostelka Total—37 YEAS NAYS

Amedee Cravins Irons Total—0 Bajoie Duplessis Jackson ABSENT Boissiere Dupre Jones Cain Fields Marionneaux Hainkel Romero Chaisson Gautreaux, N McPherson Total—2 Cheek Holden Total—17 The Chair declared the bill was passed. The title was read and NAYS adopted. Senator B. Gautreaux moved to reconsider the vote by which the bill was passed and laid the motion on the table. Adley Hollis Schedler Barham Lentini Smith Senator Marionneaux in the Chair Dardenne Malone Theunissen Ellington Michot Ullo HOUSE BILL NO. 1584— Fontenot Mount BY REPRESENTATIVES RICHMOND, FRITH, AND JACKSON Hainkel Nevers AN ACT Total—16 To enact R.S. 40:1236.13(D) and (E), relative to automated external ABSENT defibrillators; to require physical fitness facilities and institutions of higher education that compete in intercollegiate sport contests to have an automated external defibrillator on its Mr. President Gautreaux, B Kostelka Boasso Heitmeier Romero premises; and to provide for related matters. Total—6 Floor Amendments Sent Up The Chair declared the amendments were adopted. Senator Irons sent up floor amendments which were read. On motion of Senator Boissiere, the amended bill was read by title and returned to the Calendar, subject to call. SENATE FLOOR AMENDMENTS

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Amendments proposed by Senator Michot to Reengrossed House Personal Privilege Bill No. 1584 by Representative Richmond Senator Adley asked for and obtained the floor of the Senate on AMENDMENT NO. 1 a point of personal privilege, and stated he had voted in error on On page 1, line 2 after "(D)" delete "and" and insert a comma and House Bill No. 1584. He voted yea on the bill and had intended to after "(E)" and before the comma insert "and (F)" vote nay. He asked that the Official Journal so state.

AMENDMENT NO. 2 HOUSE BILL NO. 1603— On page 1, line 7, after "(D)" delete "and" and insert a comma and BY REPRESENTATIVES MARCHAND AND MURRAY after "(E)" and before "are" insert a comma and "and (F)" AN ACT To enact R.S. 40:1262, relative to smoking; to prohibit smoking in the AMENDMENT NO. 3 Senator Nat G. Kiefer University of New Orleans Lakefront On page 1, line 15, after “membership” and before “over” insert “of” Arena; and to provide for related matters.

AMENDMENT NO. 4 The bill was read by title. Senator Duplessis moved the final On page 1, line 16, delete “fifty persons” passage of the bill.

AMENDMENT NO. 5 ROLL CALL On page 2, between lines 6 and 7 insert: “F. The office of public health within the Department of Health The roll was called with the following result: and Hospitals, through its center for community health, emergency medical services shall promulgate all necessary rules and regulations YEAS to implement the provisions of Subsections (D) and (E) of this Section. Such rules and regulations shall, at a minimum, provide for Mr. President Dupre Kostelka compliance, enforcement, and penalties.” Adley Ellington Lentini Amedee Fields Malone On motion of Senator Adley, the amendments were adopted. Bajoie Fontenot Marionneaux Barham Gautreaux, B McPherson The bill was read by title. Senator Irons moved final passage of Boasso Gautreaux, N Michot the amended bill. Boissiere Hainkel Mount ROLL CALL Cain Heitmeier Nevers Chaisson Holden Romero The roll was called with the following result: Cheek Hollis Schedler Cravins Irons Smith YEAS Dardenne Jackson Theunissen Duplessis Jones Ullo Mr. President Duplessis Jones Total—39 Adley Ellington Marionneaux NAYS Bajoie Fields Michot Boasso Gautreaux, N Mount Total—0 Chaisson Heitmeier Schedler ABSENT Cheek Holden Smith Cravins Irons Theunissen Total—0 Dardenne Jackson Ullo Total—24 The Chair declared the bill was passed. The title was read and NAYS adopted. Senator Duplessis moved to reconsider the vote by which the bill was passed and laid the motion on the table. Amedee Fontenot Malone Barham Hollis Nevers HOUSE BILL NO. 1618— Cain Kostelka BY REPRESENTATIVE FAUCHEUX AN ACT Dupre Lentini To amend and reenact R.S. 22:192(A)(4), 1142(A)(7) and (18), Total—10 ABSENT 1241(B), 1241.1(C), 1760(A)(3), and 3044(B)(6), relative to licensing requirements; to provide for criminal convictions; to provide for denial, suspension, or revocation of licenses; to Boissiere Hainkel Romero Gautreaux, B McPherson provide for certificates of authority; to provide for consultants; Total—5 to provide for statements; and to provide for related matters.

The Chair declared the amended bill was passed. The title was On motion of Senator Boissiere, the bill was read by title and read and adopted. Senator Irons moved to reconsider the vote by returned to the Calendar, subject to call. which the bill was passed and laid the motion on the table.

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HOUSE BILL NO. 1699 (Substitute for House Bill No. 614 ROLL CALL by Representative Ansardi)— BY REPRESENTATIVE ANSARDI The roll was called with the following result: AN ACT To amend and reenact Civil Code Articles 2036 and 2037 and to YEAS repeal Chapter 7 of Code Title IV of Code Book III of Title 9 of the Louisiana Revised Statutes of 1950, comprised of R.S. Adley Ellington Lentini 9:2790.1 through 2790.12, relative to civil actions; to provide Amedee Fields Malone relative to insolvency and the revocatory action; to repeal the Bajoie Fontenot Marionneaux Uniform Fraudulent Transfer Act; and to provide for related Barham Gautreaux, B McPherson matters. Boasso Gautreaux, N Michot Boissiere Hainkel Mount The bill was read by title. Senator Hollis moved the final Cain Heitmeier Nevers passage of the bill. Chaisson Holden Schedler Cheek Hollis Smith ROLL CALL Cravins Irons Theunissen Dardenne Jackson Ullo The roll was called with the following result: Duplessis Jones Dupre Kostelka YEAS Total—37 NAYS Adley Ellington Lentini Amedee Fields Malone Total—0 Bajoie Fontenot Marionneaux ABSENT Barham Gautreaux, B McPherson Boasso Gautreaux, N Michot Mr. President Romero Boissiere Hainkel Mount Total—2 Cain Heitmeier Nevers Chaisson Holden Schedler The Chair declared the bill was passed. The title was read and Cheek Hollis Smith adopted. Senator Mount moved to reconsider the vote by which the Cravins Irons Theunissen bill was passed and laid the motion on the table. Dardenne Jackson Ullo Duplessis Jones HOUSE BILL NO. 26— Dupre Kostelka BY REPRESENTATIVES BOWLER AND QUEZAIRE Total—37 AN ACT NAYS To amend and reenact R.S. 32:412(A)(1), (2), (5), and (6) and (B)(1), (2), and (7)(e)(i)(aa), (cc), (dd)(I), (ee), and (ii)(aa), (cc), (dd)(I), Total—0 and (ee), relative to driver's license fees; to provide for ABSENT continuation of fees and provisions for use of those fees beyond the date for termination of certain additional fee; and to provide Mr. President Romero for related matters. Total—2 The bill was read by title. Senator Dupre moved the final The Chair declared the bill was passed. The title was read and passage of the bill. adopted. Senator Hollis moved to reconsider the vote by which the bill was passed and laid the motion on the table. ROLL CALL

HOUSE BILL NO. 1716 (Substitute for House Bill No. 399 The roll was called with the following result: by Representative Johns)— BY REPRESENTATIVE JOHNS YEAS AN ACT To amend and reenact R.S. 22:3078 and to enact R.S. 22:3080(E), Adley Fields Malone relative to medical necessity review; to revise provisions Amedee Fontenot Marionneaux relative to informal reconsideration and second level review of Barham Gautreaux, B McPherson adverse determinations; and to provide for related matters. Boissiere Gautreaux, N Michot Cain Heitmeier Mount The bill was read by title. Senator Mount moved the final Chaisson Holden Nevers passage of the bill. Cheek Hollis Schedler Cravins Irons Smith Dardenne Jackson Theunissen Duplessis Jones Ullo

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Dupre Kostelka HOUSE BILL NO. 160— Ellington Lentini BY REPRESENTATIVE FRITH Total—34 AN ACT NAYS To amend and reenact R.S. 56:435.1(A), (C), and (G), to enact R.S. 56:435.1.1, and to repeal R.S. 56:435.1(H), relative to oyster Boasso Hainkel harvesting; to authorize the use of certain dredges in Calcasieu Total—2 Lake; and to provide for related matters. ABSENT The bill was read by title. Senator Theunissen moved the final Mr. President Bajoie Romero passage of the bill. Total—3 ROLL CALL The Chair declared the bill was passed. The title was read and adopted. Senator Dupre moved to reconsider the vote by which the The roll was called with the following result: bill was passed and laid the motion on the table. YEAS Mr. President in the Chair Mr. President Dupre Kostelka HOUSE BILL NO. 104— Adley Ellington Lentini BY REPRESENTATIVES TOOMY AND FRITH Amedee Fields Malone AN ACT Bajoie Fontenot Marionneaux To amend and reenact R.S. 1:55(E)(1)(b), relative to state holidays Barham Gautreaux, B McPherson for the offices of clerks of court; to provide that the offices of Boasso Gautreaux, N Michot district, parish, and city clerks of court shall be closed on any Boissiere Hainkel Mount day that the governor proclaims a state holiday; and to provide Cain Heitmeier Nevers for related matters. Chaisson Holden Schedler Cheek Hollis Smith The bill was read by title. Senator Ullo moved the final passage Cravins Irons Theunissen of the bill. Dardenne Jackson Ullo Duplessis Jones ROLL CALL Total—38 NAYS The roll was called with the following result: Total—0 YEAS ABSENT

Mr. President Dupre Kostelka Romero Adley Ellington Lentini Total—1 Amedee Fields Malone Bajoie Fontenot Marionneaux The Chair declared the bill was passed. The title was read and Barham Gautreaux, B McPherson adopted. Senator Theunissen moved to reconsider the vote by which Boasso Gautreaux, N Michot the bill was passed and laid the motion on the table. Boissiere Hainkel Mount Cain Heitmeier Nevers HOUSE BILL NO. 176— Chaisson Holden Schedler BY REPRESENTATIVE KENNEY Cheek Hollis Smith AN ACT To enact R.S. 33:2711.20, relative to municipal sales and use taxes; Cravins Irons Theunissen Dardenne Jackson Ullo to authorize the governing authority of the village of Baskin to Duplessis Jones levy and collect an additional sales and use tax; to provide for Total—38 voter approval; and to provide for related matters. NAYS The bill was read by title. Senator Ellington moved the final

Total—0 passage of the bill. ABSENT ROLL CALL Romero Total—1 The roll was called with the following result:

The Chair declared the bill was passed. The title was read and YEAS adopted. Senator Ullo moved to reconsider the vote by which the bill was passed and laid the motion on the table. Mr. President Ellington Lentini Adley Fields Malone

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Amedee Fontenot Marionneaux Romero Bajoie Gautreaux, B McPherson Total—1 Barham Gautreaux, N Michot Boasso Hainkel Mount The Chair declared the bill was passed. The title was read and Boissiere Heitmeier Nevers adopted. Senator Kostelka moved to reconsider the vote by which Chaisson Holden Schedler the bill was passed and laid the motion on the table. Cheek Hollis Smith Cravins Irons Theunissen HOUSE BILL NO. 429— Dardenne Jackson Ullo BY REPRESENTATIVE DOVE Duplessis Jones AN ACT Dupre Kostelka To enact R.S. 49:214.7, relative to the coastal restoration and Total—37 preservation program; to establish a program for barrier islands NAYS and shorelines stabilization and preservation; and to provide for related matters. Cain Total—1 The bill was read by title. Senator Dupre moved the final ABSENT passage of the bill.

Romero 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 Ellington moved to reconsider the vote by which YEAS the bill was passed and laid the motion on the table. Mr. President Dupre Kostelka HOUSE BILL NO. 290— Adley Ellington Lentini BY REPRESENTATIVE GALLOT Amedee Fields Malone AN ACT Bajoie Fontenot Marionneaux To amend and reenact R.S. 47:463.44(A), relative to special prestige Barham Gautreaux, B McPherson license plates; to provide relative to issuance of the Louisiana Boasso Gautreaux, N Michot educators special prestige license plate; to provide relative to Boissiere Hainkel Mount eligibility requirements for issuance of such plate; and to provide Cain Heitmeier Nevers for related matters. Chaisson Holden Schedler Cheek Hollis Smith The bill was read by title. Senator Kostelka moved the final Cravins Irons Theunissen passage of the bill. Dardenne Jackson Ullo Duplessis Jones ROLL CALL Total—38 NAYS The roll was called with the following result: Total—0 YEAS ABSENT

Mr. President Dupre Kostelka Romero Adley Ellington Lentini Total—1 Amedee Fields Malone Bajoie Fontenot Marionneaux The Chair declared the bill was passed. The title was read and Barham Gautreaux, B McPherson adopted. Senator Dupre moved to reconsider the vote by which the Boasso Gautreaux, N Michot bill was passed and laid the motion on the table. Boissiere Hainkel Mount Cain Heitmeier Nevers HOUSE BILL NO. 430— Chaisson Holden Schedler BY REPRESENTATIVE MURRAY Cheek Hollis Smith AN ACT Cravins Irons Theunissen To amend and reenact R.S. 18:1505.2(L)(2), relative to prohibitions Dardenne Jackson Ullo against campaign contributions loans, and transfers of funds by Duplessis Jones certain persons substantially interested in the gaming industry Total—38 in this state; to provide that such prohibitions do not apply to NAYS contributions, loans, or transfers of funds to certain accounts of political committees of recognized political parties organized Total—0 under laws of another jurisdiction; to provide limitations; and to ABSENT provide for related matters.

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The bill was read by title. Senator Jones moved the final Chaisson Gautreaux, B Ullo passage of the bill. Cheek Holden Cravins Irons ROLL CALL Total—16 NAYS The roll was called with the following result: Adley Fontenot Mount YEAS Amedee Gautreaux, N Nevers Barham Hainkel Schedler Mr. President Dardenne Holden Boasso Hollis Smith Bajoie Duplessis Jackson Cain Kostelka Theunissen Boissiere Fields Jones Dardenne Lentini Cheek Fontenot Marionneaux Dupre Michot Cravins Gautreaux, B Total—19 Total—14 ABSENT NAYS Heitmeier McPherson Adley Ellington Michot Marionneaux Romero Amedee Gautreaux, N Mount Total—4 Barham Hainkel Nevers Boasso Hollis Schedler The Chair declared the bill failed to pass. Cain Kostelka Smith Chaisson Lentini Theunissen Notice of Reconsideration Dupre Malone Ullo Total—21 Senator Boissiere, pursuant to Senate Rule Number 11.12, gave ABSENT notice that before the expiration of the Morning Hour of the next succeeding legislative day of the Senate, he would move to reconsider Heitmeier McPherson the vote by which the bill failed to pass. Irons Romero Total—4 HOUSE BILL NO. 487— BY REPRESENTATIVES T. POWELL, SCALISE, AND SCHNEIDER The Chair declared the bill failed to pass. AN ACT To enact R.S. 17:3048.1(X), to establish an additional means for Notice of Reconsideration certain students to qualify for a Tuition Opportunity Program for Students Opportunity, Performance, and Honors awards; to Senator Jones, pursuant to Senate Rule Number 11.12, gave provide relative to award eligibility, applicability, limitations, notice that before the expiration of the Morning Hour of the next effectiveness, and payment amounts; to provide for an effective succeeding legislative day of the Senate, he would move to reconsider date; and to provide for related matters. the vote by which the bill failed to pass. T he bill was read by title. Senator Nevers moved the final HOUSE BILL NO. 441— passage of the bill. BY REPRESENTATIVE GALLOT AN ACT ROLL CALL To amend and reenact R.S. 42:284(B), relative to local finance; to provide relative to the requirement that certain parish officials The roll was called with the following result: and entities submit expenditure reports to the parish governing authority and clerk of court; to exempt parish sheriffs from certain requirements; and to provide for related matters. YEAS The bill was read by title. Senator Boissiere moved the final passage of the bill. Mr. President Dupre Kostelka Adley Ellington Lentini ROLL CALL Amedee Fields Malone Bajoie Fontenot Marionneaux The roll was called with the following result: Barham Gautreaux, B McPherson Boasso Gautreaux, N Michot YEAS Boissiere Hainkel Mount Cain Heitmeier Nevers Mr. President Duplessis Jackson Chaisson Holden Schedler Bajoie Ellington Jones Cheek Hollis Smith Boissiere Fields Malone Cravins Irons Theunissen

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Dardenne Jackson Ullo HOUSE BILL NO. 661— Duplessis Jones BY REPRESENTATIVE GEYMANN Total—38 AN ACT NAYS To enact R.S. 33:130.72(D) and (E), relative to the Ward One Economic Development Board of Calcasieu Parish; to provide Total—0 for filling of vacancies, removal, and appointment of board ABSENT members; and to provide for related matters.

Romero The bill was read by title. Senator Mount moved the final Total—1 passage of the bill.

The Chair declared the bill was passed. The title was read and ROLL CALL adopted. Senator Nevers 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. 610— YEAS BY REPRESENTATIVES DANIEL, KATZ, AND ST. GERMAIN AN ACT Mr. President Dupre Kostelka To amend and reenact R.S. 33:4169(A)(1) and (B)(1), relative to Adley Ellington Lentini water and sewerage collection; to require certain provisions in Amedee Fields Malone agreements between water and sewerage service providers; and Bajoie Fontenot Marionneaux to provide for related matters. Barham Gautreaux, B McPherson Boasso Gautreaux, N Michot The bill was read by title. Senator Fields moved the final Boissiere Hainkel Mount passage of the bill. Cain Heitmeier Nevers Chaisson Holden Schedler ROLL CALL Cheek Hollis Smith Cravins Irons Theunissen The roll was called with the following result: Dardenne Jackson Ullo Duplessis Jones YEAS Total—38 NAYS Mr. President Dupre Kostelka Adley Ellington Lentini Total—0 Amedee Fields Malone ABSENT Bajoie Fontenot Marionneaux Barham Gautreaux, B McPherson Romero Boasso Gautreaux, N Michot Total—1 Boissiere Hainkel Mount Cain Heitmeier Nevers The Chair declared the bill was passed. The title was read and Chaisson Holden Schedler adopted. Senator Mount moved to reconsider the vote by which the Cheek Hollis Smith bill was passed and laid the motion on the table. Cravins Irons Theunissen Dardenne Jackson Ullo HOUSE BILL NO. 666— Duplessis Jones BY REPRESENTATIVE CRANE Total—38 AN ACT NAYS To enact R.S. 17:3805(F), relative to the Education Excellence Fund; to provide that fund amounts and related investment earnings Total—0 credited for a recipient entity shall revert to the fund whenever ABSENT the entity no longer meets the conditions required for it to be eligible for fund allocations; to provide for an effective date; and Romero to provide for related matters. Total—1 The bill was read by title. Senator Ullo moved the final passage The Chair declared the bill was passed. The title was read and of the bill. adopted. Senator Fields moved to reconsider the vote by which the bill was passed and laid the motion on the table. ROLL CALL The roll was called with the following result:

YEAS

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Mr. President Dupre Kostelka ABSENT Adley Ellington Lentini Amedee Fields Malone Hainkel Romero Bajoie Fontenot Marionneaux Total—2 Barham Gautreaux, B McPherson Boasso Gautreaux, N Michot The Chair declared the bill was passed. The title was read and Boissiere Hainkel Mount adopted. Senator Ellington moved to reconsider the vote by which Cain Heitmeier Nevers the bill was passed and laid the motion on the table. Chaisson Holden Schedler Cheek Hollis Smith HOUSE BILL NO. 788— Cravins Irons Theunissen BY REPRESENTATIVE PIERRE Dardenne Jackson Ullo AN ACT Duplessis Jones To enact R.S. 49:214.30(C)(9), relative to issuance of coastal use Total—38 permits; to authorize consideration of an applicant's compliance NAYS history prior to issuance of such permit; and to provide for related matters. Total—0 ABSENT The bill was read by title. Senator B. Gautreaux moved the final passage of the bill. Romero Total—1 ROLL CALL

The Chair declared the bill was passed. The title was read and The roll was called with the following result: adopted. Senator Ullo moved to reconsider the vote by which the bill was passed and laid the motion on the table. YEAS

HOUSE BILL NO. 756— Mr. President Dupre Kostelka BY REPRESENTATIVE KENNEY Adley Ellington Lentini AN ACT Amedee Fields Malone To enact R.S. 25:215(B)(13), relative to the Caldwell Parish Library; Bajoie Fontenot Marionneaux to transfer the administration of and accounting functions for Barham Gautreaux, B McPherson funds of the library from the Caldwell Parish Police Jury to the Boasso Gautreaux, N Michot Caldwell Parish Library Board of Control; and to provide for Boissiere Hainkel Mount related matters. Cain Heitmeier Nevers Chaisson Holden Schedler The bill was read by title. Senator Ellington moved the final Cheek Hollis Smith passage of the bill. Cravins Irons Theunissen Dardenne Jackson Ullo ROLL CALL Duplessis Jones Total—38 The roll was called with the following result: NAYS

YEAS Total—0 ABSENT Mr. President Dupre Lentini Adley Ellington Malone Romero Amedee Fields Marionneaux Total—1 Bajoie Fontenot McPherson Barham Gautreaux, B Michot The Chair declared the bill was passed. The title was read and Boasso Gautreaux, N Mount adopted. Senator B. Gautreaux moved to reconsider the vote by Boissiere Heitmeier Nevers which the bill was passed and laid the motion on the table. Cain Holden Schedler Chaisson Hollis Smith HOUSE BILL NO. 881— Cheek Irons Theunissen BY REPRESENTATIVE QUEZAIRE Cravins Jackson Ullo AN ACT Dardenne Jones To amend and reenact R.S. 32:408(A)(8)(introductory paragraph) and Duplessis Kostelka (b), relative to issuance of drivers' licenses; to provide relative to Total—37 knowledge and skills test specifications for issuance of certain NAYS classes of drivers' licenses; to exempt drivers of certain vehicles from test specifications; to provide relative to qualifications for Total—0 such exemptions; and to provide for related matters.

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The bill was read by title. Senator Ellington moved the final Mr. President Ellington Lentini passage of the bill. Adley Fields Malone Amedee Fontenot Marionneaux ROLL CALL Barham Gautreaux, B McPherson Boasso Gautreaux, N Michot The roll was called with the following result: Boissiere Hainkel Mount Cain Heitmeier Nevers YEAS Chaisson Holden Schedler Cheek Hollis Smith Mr. President Dupre Kostelka Cravins Irons Theunissen Adley Ellington Lentini Dardenne Jackson Ullo Amedee Fields Malone Duplessis Jones Bajoie Fontenot Marionneaux Dupre Kostelka Barham Gautreaux, B McPherson Total—37 Boasso Gautreaux, N Michot NAYS Boissiere Hainkel Mount Cain Heitmeier Nevers Total—0 Chaisson Holden Schedler ABSENT Cheek Hollis Smith Cravins Irons Theunissen Bajoie Romero Dardenne Jackson Ullo Total—2 Duplessis Jones Total—38 The Chair declared the bill was passed. The title was read and NAYS adopted. Senator Malone moved to reconsider the vote by which the bill was passed and laid the motion on the table. Total—0 ABSENT HOUSE BILL NO. 921— BY REPRESENTATIVES BAYLOR AND K. CARTER Romero AN ACT To amend and reenact R.S. 56:1685(B)(1)(w), (C), and (D), to enact Total—1 The Chair declared the bill was passed. The title was read and R.S. 56:1685(B)(1)(x) and (y), and to repeal R.S. 56:1685(E), adopted. Senator Ellington moved to reconsider the vote by which relative to the office of state parks; to provide for the the bill was passed and laid the motion on the table. classification of holdings; to revise the lists of state historic sites, state parks, and state preservation areas; to remove HOUSE BILL NO. 903— recognition of certain special holdings; and to provide for related BY REPRESENTATIVE QUEZAIRE matters. AN ACT To amend and reenact R.S. 32:1311(D)(introductory paragraph), The bill was read by title. Senator Malone moved the final (1)(introductory paragraph) and (a), and (2)(a), relative to passage of the bill. vehicle inspections; to provide for exemptions from inspection requirements; and to provide for related matters. ROLL CALL

On motion of Senator Bajoie, the bill was read by title and The roll was called with the following result: returned to the Calendar, subject to call. YEAS HOUSE BILL NO. 915— BY REPRESENTATIVES BAYLOR AND K. CARTER Mr. President Dupre Kostelka AN ACT Adley Ellington Lentini To amend and reenact R.S. 56:1687.1, relative to the office of state Amedee Fields Malone parks; to remove provisions relative to the posting of boundaries Bajoie Fontenot Marionneaux of certain lands under the jurisdiction of the office of state parks; Barham Gautreaux, B McPherson and to provide for related matters. Boasso Gautreaux, N Michot Boissiere Hainkel Mount The bill was read by title. Senator Malone moved the final Cain Heitmeier Nevers passage of the bill. Chaisson Holden Schedler Cheek Hollis Smith ROLL CALL Cravins Irons Theunissen Dardenne Jackson Ullo The roll was called with the following result: Duplessis Jones Total—38 YEAS NAYS

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The Chair declared the bill was passed. The title was read and Total—0 adopted. Senator Barham moved to reconsider the vote by which the ABSENT bill was passed and laid the motion on the table.

Romero HOUSE BILL NO. 962— Total—1 BY REPRESENTATIVE E. GUILLORY AN ACT The Chair declared the bill was passed. The title was read and To amend and reenact R.S. 33:130.551(A) and (B) and 130.552(A)(1) adopted. Senator Malone moved to reconsider the vote by which the and (2), relative to the North Lake Charles Economic bill was passed and laid the motion on the table. Development District; to change the name of the district; to provide for the membership of the board; to provide for HOUSE BILL NO. 950— termination of existing board terms; to establish initial terms for BY REPRESENTATIVE GALLOT new board members; and to provide for related matters. AN ACT To amend and reenact R.S. 38:2862, 2866, 2868, 2869(3), (4), and The bill was read by title. Senator Mount moved the final (10)(introductory paragraph) and (d) and (g), and 2870 and to passage of the bill. repeal R.S. 38:2869(10)(e), relative to the Claiborne Parish Watershed District; to provide relative to the purposes of the ROLL CALL district; to provide relative to the board of commissioners of the district; to provide relative to qualifications, term limits, and The roll was called with the following result: removal of board members; to provide relative to the powers of the board; to provide relative to rules and regulations YEAS p romulgated by the board and the enforcement thereof; to provide relative to civil service status of employees; to provide Mr. President Dupre Kostelka for violations and penalties; and to provide for related matters. Adley Ellington Lentini Amedee Fields Malone T he bill was read by title. Senator Barham moved the final Bajoie Fontenot Marionneaux passage of the bill. Barham Gautreaux, B McPherson Boasso Gautreaux, N Michot ROLL CALL Boissiere Hainkel Mount Cain Heitmeier Nevers The roll was called with the following result: Chaisson Holden Romero Cheek Hollis Schedler YEAS Cravins Irons Smith Dardenne Jackson Theunissen Mr. President Dupre Kostelka Duplessis Jones Ullo Adley Ellington Lentini Total—39 Amedee Fields Malone NAYS Bajoie Fontenot Marionneaux Barham Gautreaux, B McPherson Total—0 Boasso Gautreaux, N Michot ABSENT Boissiere Hainkel Mount Cain Heitmeier Nevers Total—0 Chaisson Holden Schedler Cheek Hollis Smith The Chair declared the bill was passed. The title was read and Cravins Irons Theunissen adopted. Senator Mount moved to reconsider the vote by which the Dardenne Jackson Ullo bill was passed and laid the motion on the table. Duplessis Jones Total—38 HOUSE BILL NO. 974— BY REPRESENTATIVES ARNOLD AND TUCKER AN ACT NAYS To enact R.S. 33:4570.21, to create the Algiers Park Commission; to provide relative to the purpose, membership, and powers of the Total—0 commission; and to provide for related matters. ABSENT The bill was read by title. Senator Hainkel moved the final Romero passage of the bill. Total—1

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ROLL CALL Cravins Irons Smith Dardenne Jackson Theunissen The roll was called with the following result: Duplessis Jones Ullo Total—39 NAYS

YEAS Total—0 ABSENT Mr. President Dupre Kostelka Adley Ellington Lentini Total—0 Amedee Fields Malone Bajoie Fontenot Marionneaux The Chair declared the bill was passed. The title was read and Barham Gautreaux, B McPherson adopted. Senator Barham moved to reconsider the vote by which the Boasso Gautreaux, N Michot bill was passed and laid the motion on the table. Boissiere Hainkel Mount Cain Heitmeier Nevers Senator Ellington in the Chair Chaisson Holden Romero Cheek Hollis Schedler HOUSE BILL NO. 1041— Cravins Irons Smith BY REPRESENTATIVES TUCKER, ARNOLD, BAYLOR, FUTRELL, KATZ, LAMBERT, MARCHAND, AND RITCHIE Dardenne Jackson Theunissen AN ACT Duplessis Jones Ullo To enact R.S. 33:4734 and 4780.51, relative to municipal and parish Total—39 zoning; to provide for advance notice of zoning actions to certain NAYS military installations; and to provide for related matters.

Total—0 On motion of Senator Bajoie, the bill was read by title and ABSENT returned to the Calendar, subject to call.

Total—0 HOUSE BILL NO. 1066— BY REPRESENTATIVES BAYLOR AND K. CARTER The Chair declared the bill was passed. The title was read and AN ACT adopted. Senator Hainkel moved to reconsider the vote by which the To amend and reenact R.S. 36:207(A)(4)(a) and R.S. 56:1681(A)(2) bill was passed and laid the motion on the table. and (3), (B)(1), and (C), relative to state parks; to change the appointment process of the assistant secretary of the office of HOUSE BILL NO. 975— state parks; to change the membership of the State Parks and BY REPRESENTATIVE GALLOT Recreation Commission; and to provide for related matters. AN ACT To amend and reenact R.S. 38:2874, relative to the Claiborne Parish The bill was read by title. Senator Malone moved the final Watershed District; to authorize the Wildlife and Fisheries passage of the bill. Commission to regulate the commercial and recreational use of nets and traps on Lake Claiborne; and to provide for related matters. ROLL CALL

The bill was read by title. Senator Barham moved the final The roll was called with the following result: passage of the bill. YEAS

ROLL CALL Mr. President Dupre Kostelka Adley Ellington Lentini The roll was called with the following result: Amedee Fields Malone Bajoie Fontenot Marionneaux YEAS Barham Gautreaux, B McPherson Boasso Gautreaux, N Michot Dupre Kostelka Mr. President Boissiere Hainkel Mount Ellington Lentini Adley Cain Heitmeier Nevers Amedee Fields Malone Chaisson Holden Romero Bajoie Fontenot Marionneaux Cheek Hollis Schedler Barham Gautreaux, B McPherson Cravins Irons Smith Boasso Gautreaux, N Michot Dardenne Jackson Theunissen Boissiere Hainkel Mount Duplessis Jones Ullo Heitmeier Nevers Cain Total—39 Chaisson Holden Romero NAYS Cheek Hollis Schedler

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Total—0 Dardenne Jackson ABSENT Duplessis Kostelka Total—37 Total—0 NAYS

The Chair declared the bill was passed. The title was read and Total—0 adopted. Senator Malone moved to reconsider the vote by which the ABSENT bill was passed and laid the motion on the table. Jones Lentini HOUSE BILL NO. 1082— Total—2 BY REPRESENTATIVE BURNS AN ACT The Chair declared the bill was passed. The title was read and To amend and reenact R.S. 33:102, 106, and 109 and to enact R.S. adopted. Senator Jackson moved to reconsider the vote by which the 33:101(5), 103.1, and 109.1, relative to parish and municipal bill was passed and laid the motion on the table. planning commissions; to provide relative to training requirements of members of such commissions and members of HOUSE BILL NO. 1180— advisory boards to such commissions; to provide relative to BY REPRESENTATIVE MURRAY master plans adopted by such commissions; to provide relative AN ACT to the relationship between such master plans and plans of the To amend and reenact R.S. 24:513(I)(1)(a) and (c)(ii), (iii), and (iv), state and other political subdivisions; and to provide for related relative to the powers and duties of the legislative auditor; to matters. provide relative to discretion of auditor to determine frequency of audit and level of assurance required, depending on amount of On motion of Senator Bajoie, the bill was read by title and revenue received by auditee; to provide relative to amounts of returned to the Calendar, subject to call. revenue received by auditee; to provide relative to frequency of audits and levels of assurances required for audits; and to HOUSE BILL NO. 1127— provide for related matters. BY REPRESENTATIVES BURRELL, BAYLOR, GLOVER, JEFFERSON, LAMBERT, MARCHAND, AND RITCHIE The bill was read by title. Senator Schedler moved the final AN ACT To enact Chapter 5-M of Title 25 of the Louisiana Revised Statutes passage of the bill. of 1950, to be comprised of R.S. 25:380.101 through 380.106, and R.S. 36:744(X) and 801.17, to create the McNeill Street ROLL CALL Pumping Station Museum in the Department of State; to provide relative to the governing authority of the museum The roll was called with the following result: including its composition, powers, duties, responsibilities, meetings, and officers; to provide for the adoption of rules and regulations including fees; to provide for receipt and use of funds YEAS and property; to provide relative to the authority of the secretary of state with respect to the museum; to provide Mr. President Duplessis Kostelka relative to personnel and budgets of the museum; and to provide Adley Dupre Malone for related matters. Amedee Ellington Marionneaux Bajoie Fields McPherson The bill was read by title. Senator Jackson moved the final Barham Fontenot Michot passage of the bill. Boasso Gautreaux, B Mount Boissiere Gautreaux, N Nevers ROLL CALL Cain Heitmeier Romero Chaisson Holden Schedler The roll was called with the following result: Cheek Irons Smith Cravins Jackson Theunissen YEAS Dardenne Jones Ullo Total—36 Mr. President Dupre Malone NAYS Adley Ellington Marionneaux Amedee Fields McPherson Total—0 Bajoie Fontenot Michot ABSENT Barham Gautreaux, B Mount Boasso Gautreaux, N Nevers Hainkel Hollis Lentini Boissiere Hainkel Romero Total—3 Cain Heitmeier Schedler The Chair declared the bill was passed. The title was read and Chaisson Holden Smith Cheek Hollis Theunissen adopted. Senator Schedler moved to reconsider the vote by which the Cravins Irons Ullo bill was passed and laid the motion on the table.

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HOUSE BILL NO. 1193— HOUSE BILL NO. 1325— BY REPRESENTATIVE K. CARTER BY REPRESENTATIVE MURRAY AN ACT AN ACT To enact Chapter 15 of Title 23 of the Louisiana Revised Statutes of To amend and reenact R.S. 39:1303(A), 1307(A), and 1950, to be comprised of R.S. 23:3001 through 3004, relative to 1311(A)(introductory paragraph), relative to budgetary wages; to create the Equal Pay Commission; to provide for its procedures for political subdivisions; to provide for the membership; to provide for meetings; to provide for findings and applicability of certain requirements for public participation in recommendations; to provide for the termination of the the budgetary process; to provide for the applicability of certain commission; and to provide for related matters. requirements related to budgetary authority and control; and to provide for related matters. The bill was read by title. Senator Holden moved the final passage of the bill. The bill was read by title. Senator Schedler moved the final passage of the bill. ROLL CALL ROLL CALL The roll was called with the following result: The roll was called with the following result: YEAS YEAS Mr. President Dupre Malone Adley Ellington Marionneaux Mr. President Dupre Malone Amedee Fields McPherson Adley Ellington Marionneaux Bajoie Fontenot Michot Amedee Fields McPherson Barham Gautreaux, B Mount Bajoie Fontenot Michot Boasso Gautreaux, N Nevers Barham Gautreaux, B Mount Boissiere Heitmeier Romero Boasso Gautreaux, N Nevers Cain Holden Schedler Boissiere Hainkel Romero Chaisson Hollis Smith Cain Heitmeier Schedler Cheek Irons Theunissen Chaisson Holden Smith Cravins Jackson Ullo Cheek Hollis Theunissen Dardenne Jones Cravins Irons Ullo Duplessis Lentini Dardenne Jones Total—37 Duplessis Lentini NAYS Total—37 NAYS Kostelka Total—1 Total—0 ABSENT ABSENT

Hainkel Jackson Kostelka Total—1 Total—2

The Chair declared the bill was passed. The title was read and The Chair declared the bill was passed. The title was read and adopted. Senator Holden moved to reconsider the vote by which the adopted. Senator Schedler moved to reconsider the vote by which the bill was passed and laid the motion on the table. bill was passed and laid the motion on the table.

HOUSE BILL NO. 1197— HOUSE BILL NO. 1414— BY REPRESENTATIVES BAYLOR AND K. CARTER BY REPRESENTATIVE CROWE AN ACT AN ACT To amend and reenact R.S. 25:341(D), (E), (F), and (G), 342(A)(1) To amend and reenact R.S. 38:1674.16(D)(2), relative to drainage and (B)(2), and 343, and R.S. 36:207(A)(1) and (2), 208(C), and districts in St. Tammany Parish; to authorize an increase in the 909 and to enact R.S. 25:341(H), relative to the Louisiana State additional maintenance and operation tax levied by the St. Museum; to change the appointment process of certain members Tammany Parish Drainage District No. 4; and to provide for of the museum's board of directors and the museum's related matters. professional director; to provide for the director's salary; to provide relative to board meetings; and to provide for related The bill was read by title. Senator Schedler moved the final matters. passage of the bill.

On motion of Senator Malone, the bill was read by title and returned to the Calendar, subject to call.

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ROLL CALL Dardenne Jackson Theunissen Duplessis Jones Ullo The roll was called with the following result: Total—39 NAYS YEAS Total—0 Mr. President Ellington Malone ABSENT Adley Fields Marionneaux Bajoie Fontenot McPherson Total—0 Barham Gautreaux, B Michot Boasso Gautreaux, N Mount The Chair declared the bill was passed. The title was read and Boissiere Hainkel Nevers adopted. Senator Duplessis moved to reconsider the vote by which Cain Heitmeier Romero the bill was passed and laid the motion on the table. Chaisson Holden Schedler Cheek Hollis Smith HOUSE BILL NO. 1438— Cravins Irons Theunissen BY REPRESENTATIVE MURRAY Dardenne Jackson Ullo AN ACT Duplessis Jones To repeal R.S. 23:1021(12) and 1225(D), relative to workers' Dupre Lentini compensation benefits; to repeal provisions that provide for a Total—37 reduction or offset of workers' compensation benefits payable NAYS to professional athletes.

The bill was read by title. Senator B. Gautreaux moved the final Total—0 ABSENT passage of the bill.

Amedee Kostelka 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 Schedler moved to reconsider the vote by which the YEAS bill was passed and laid the motion on the table. Mr. President Duplessis Jackson HOUSE BILL NO. 1432— Amedee Dupre Jones BY REPRESENTATIVE THOMPSON Bajoie Ellington Malone AN ACT Barham Fields Marionneaux To amend and reenact R.S. 39:1217.1, relative to public contracts for Boissiere Fontenot McPherson local depositing authorities; to delete certain exemptions for Cain Gautreaux, B Michot local depositing authorities located in a parish or municipality Chaisson Gautreaux, N Mount with a population of less than one hundred thousand; to provide Cheek Hainkel Romero for an effective date; and to provide for related matters. Cravins Holden Smith Dardenne Irons Theunissen The bill was read by title. Senator Duplessis moved the final Total—30 passage of the bill. NAYS

ROLL CALL Boasso Lentini Schedler Kostelka Nevers The roll was called with the following result: Total—5 ABSENT YEAS Adley Hollis Mr. President Dupre Kostelka Heitmeier Ullo Adley Ellington Lentini Total—4 Amedee Fields Malone Bajoie Fontenot Marionneaux The Chair declared the bill was passed. The title was read and Barham Gautreaux, B McPherson adopted. Senator B. Gautreaux moved to reconsider the vote by Boasso Gautreaux, N Michot which the bill was passed and laid the motion on the table. Boissiere Hainkel Mount Cain Heitmeier Nevers Chaisson Holden Romero Cheek Hollis Schedler Cravins Irons Smith

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HOUSE BILL NO. 1454— BY REPRESENTATIVE KENNEY ROLL CALL AN ACT To enact R.S. 33:4712.10, relative to naming a welcoming center; to The roll was called with the following result: authorize the municipal governing aut hority in certain municipalities to name a welcoming center in honor of a YEAS legislator; to provide limitations; and to provide for related matters. Mr. President Dupre Lentini Adley Ellington Marionneaux The bill was read by title. Senator Smith moved the final Amedee Fields McPherson passage of the bill. Bajoie Fontenot Michot Barham Gautreaux, B Mount ROLL CALL Boasso Gautreaux, N Nevers Boissiere Heitmeier Romero The roll was called with the following result: Cain Holden Schedler Chaisson Hollis Smith YEAS Cheek Irons Theunissen Cravins Jackson Ullo Mr. President Dupre Kostelka Dardenne Jones Adley Ellington Lentini Duplessis Kostelka Amedee Fields Malone Total—37 Bajoie Fontenot Marionneaux NAYS Barham Gautreaux, B McPherson Boasso Gautreaux, N Michot Total—0 Boissiere Hainkel Mount ABSENT Cain Heitmeier Nevers Chaisson Holden Romero Hainkel Malone Cheek Hollis Schedler Total—2 Cravins Irons Smith Dardenne Jackson Theunissen The Chair declared the bill was passed. The title was read and Duplessis Jones Ullo adopted. Senator N. Gautreaux moved to reconsider the vote by Total—39 which the bill was passed and laid the motion on the table. NAYS HOUSE BILL NO. 1620— Total—0 BY REPRESENTATIVE SCHNEIDER ABSENT AN ACT To amend and reenact R.S. 46:2583(A)(1) and to enact R.S. Total—0 47:463.4.3, relative to mobility impaired persons; to prohibit the manufacture, sale, possession, or use of counterfeit mobility- The Chair declared the bill was passed. The title was read and impaired parking placards; to provide relative to penalties for adopted. Senator Smith moved to reconsider the vote by which the violations; to dedicate a certain portion of fines; and to provide bill was passed and laid the motion on the table. for related matters.

HOUSE BILL NO. 1532— The bill was read by title. Senator Schedler moved the final BY REPRESENTATIVE TUCKER passage of the bill. AN ACT To direct the Department of Transportation and Development to ROLL CALL limit certain access along a state highway; and to provide for related matters. The roll was called with the following result:

On motion of Senator Bajoie, the bill was read by title and YEAS returned to the Calendar, subject to call. Mr. President Dupre Kostelka HOUSE BILL NO. 1599— BY REPRESENTATIVE BAUDOIN Adley Ellington Lentini AN ACT Amedee Fields Malone To amend and reenact R.S. 32:196, relative to traffic violations; to Bajoie Fontenot Marionneaux prohibit certain persons or means of conveyance attaching to Barham Gautreaux, B McPherson vehicles upon a highway; and to provide for related matters. Boasso Gautreaux, N Michot Boissiere Hainkel Mount The bill was read by title. Senator N. Gautreaux moved the final Cain Heitmeier Nevers passage of the bill. Chaisson Holden Romero

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Cheek Hollis Schedler The Chair declared the bill was passed. The title was read and Cravins Irons Smith adopted. Senator Theunissen moved to reconsider the vote by which Dardenne Jackson Theunissen the bill was passed and laid the motion on the table. Duplessis Jones Ullo Total—39 Senator Fields in the Chair NAYS HOUSE BILL NO. 69— Total—0 BY REPRESENTATIVE ANSARDI ABSENT AN ACT To amend and reenact Children's Code Articles 607(A), 666(B), Total—0 884(B), and 1016(B), relative to the protection of children; to The Chair declared the bill was passed. The title was read and provide with respect to counsel appointed for a child; to provide adopted. Senator Schedler moved to reconsider the vote by which the for adjudication orders of a child's family in need of services; to bill was passed and laid the motion on the table. provide for the right to counsel when the child is in the custody of the state; and to provide for related matters. HOUSE BILL NO. 1713 (Substitute for House Bill No. 215 by Representative Gray)— The bill was read by title. Senator Lentini moved the final BY REPRESENTATIVES GRAY, ALEXANDER, CROWE, DOWNS, passage of the bill. FANNIN, HONEY, KENNEY, T. POWELL, RITCHIE, JANE SMITH, AND TRAHAN AN ACT ROLL CALL To repeal R.S. 17:52.2, 171, 172, 173, 335, 429, and 430, and Subparts J and K of Part III of Chapter 1 of Title 17 of the The roll was called with the following result: Louisiana Revised Statutes of 1950, comprised of R.S. 17:349.1 through 349.5 and R.S. 17:350.2 through 350.14, respectively, YEAS relative to the operation and control of schools; to repeal certain unconstitutional provisions relative to the operation and control Mr. President Dupre Kostelka of schools and other obsolete provisions relative to the Adley Ellington Lentini operation of schools and trade or vocational schools on a Amedee Fields Malone segregated basis; and to provide for related matters. Bajoie Fontenot Marionneaux Barham Gautreaux, B McPherson The bill was read by title. Senator Theunissen moved the final Boasso Gautreaux, N Michot passage of the bill. Boissiere Hainkel Mount Cain Heitmeier Nevers ROLL CALL Chaisson Holden Romero Cheek Hollis Schedler The roll was called with the following result: Cravins Irons Smith Dardenne Jackson Theunissen YEAS Duplessis Jones Ullo Total—39 Mr. President Dupre Kostelka NAYS Adley Ellington Lentini Amedee Fontenot Malone Total—0 Barham Gautreaux, B Marionneaux ABSENT Boasso Gautreaux, N McPherson Boissiere Hainkel Mount Total—0 Cain Heitmeier Nevers Chaisson Holden Romero The Chair declared the bill was passed. The title was read and Cheek Hollis Schedler adopted. Senator Lentini moved to reconsider the vote by which the Cravins Irons Smith bill was passed and laid the motion on the table. Dardenne Jackson Theunissen Duplessis Jones Ullo HOUSE BILL NO. 108— BY REPRESENTATIVE FAUCHEUX Total—36 AN ACT NAYS To amend and reenact Code of Civil Procedure Article 2412(A), relative to garnishments; to provide for notice of garnishment to Total—0 the judgment debtor; and to provide for related matters. ABSENT On motion of Senator Amedee, the bill was read by title and Fields Michot Bajoie returned to the Calendar, subject to call. Total—3

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HOUSE BILL NO. 126— ROLL CALL BY REPRESENTATIVES ANSARDI AND LANCASTER AN ACT The roll was called with the following result: To amend and reenact R.S. 13:3727, relative to the admissibility of evidence; to provide for the presumption of originality; to YEAS provide for the period of time for which an instrument is required to be recorded; and to provide for related matters. Mr. President Dupre Malone The bill was read by title. Senator Kostelka moved the final Adley Ellington Marionneaux Amedee Fields McPherson passage of the bill. Bajoie Gautreaux, B Michot Barham Gautreaux, N Mount ROLL CALL Boasso Hainkel Nevers Boissiere Heitmeier Romero The roll was called with the following result: Cain Holden Schedler Chaisson Hollis Smith YEAS Cheek Irons Theunissen Cravins Jackson Ullo Mr. President Dupre Malone Dardenne Jones Adley Fields Marionneaux Duplessis Lentini Amedee Fontenot McPherson Total—37 Bajoie Gautreaux, B Michot NAYS Barham Hainkel Mount Boasso Heitmeier Nevers Total—0 Boissiere Holden Romero ABSENT Cain Hollis Schedler Chaisson Irons Smith Fontenot Kostelka Cheek Jackson Theunissen Total—2 Cravins Jones Ullo Dardenne Kostelka The Chair declared the bill was passed. The title was read and Duplessis Lentini adopted. Senator Kostelka moved to reconsider the vote by which Total—37 the bill was passed and laid the motion on the table. NAYS HOUSE BILL NO. 129— Gautreaux, N BY REPRESENTATIVES ANSARDI AND LANCASTER Total—1 AN ACT ABSENT To amend and reenact R.S. 9:5166, relative to judgments; to provide for the partial cancellation of judgments; to provide for the filing Ellington of an affidavit; and to provide for related matters. Total—1 The bill was read by title. Senator Kostelka moved the final The Chair declared the bill was passed. The title was read and passage of the bill. adopted. Senator Kostelka moved to reconsider the vote by which the bill was passed and laid the motion on the table. ROLL CALL

HOUSE BILL NO. 128— The roll was called with the following result: BY REPRESENTATIVES ANSARDI AND LANCASTER AN ACT YEAS To amend and reenact Code of Civil Procedure Article 4134(A) and to enact Code of Civil Procedure Article 4134(D), relative to Mr. President Dupre Kostelka tutorship; to provide for the recordation of a certificate of Adley Ellington Lentini inventory; to require the inclusion of certain information; to Amedee Fields Malone provide for the prescription of the minor's mortgage; to provide Bajoie Fontenot Marionneaux for the cancellation of the mortgage; and to provide for related Barham Gautreaux, B McPherson matters. Boasso Gautreaux, N Michot Boissiere Hainkel Mount The bill was read by title. Senator Kostelka moved the final Cain Heitmeier Nevers passage of the bill. Chaisson Holden Romero Cheek Hollis Schedler Cravins Irons Smith Dardenne Jackson Theunissen Duplessis Jones Ullo

1602 42nd DAY'S PROCEEDINGS Page 71 SENATE June 11, 2004

Total—39 Total—0 NAYS The Chair declared the bill was passed. The title was read and Total—0 adopted. Senator Kostelka moved to reconsider the vote by which ABSENT the bill was passed and laid the motion on the table.

Total—0 HOUSE BILL NO. 166— BY REPRESENTATIVES ANSARDI AND LANCASTER The Chair declared the bill was passed. The title was read and AN ACT adopted. Senator Kostelka moved to reconsider the vote by which To amend and reenact R.S. 20:1(D), relative to the homestead the bill was passed and laid the motion on the table. exemption from seizure; to provide for the waiver of the homestead exemption; to provide for the separate property of HOUSE BILL NO. 161— a spouse; and to provide for related matters. BY REPRESENTATIVE FAUCHEUX AN ACT The bill was read by title. Senator Kostelka moved the final To enact R.S. 13:2588, relative to justices of the peace; to authorize passage of the bill. justices of the peace to charge a fee for performing marriage ceremonies; to establish a maximum fee which justices of the ROLL CALL peace may charge for performing marriage ceremonies; and to provide for related matters. The roll was called with the following result:

On motion of Senator Amedee, the bill was read by title and YEAS returned to the Calendar, subject to call. Mr. President Ellington Lentini HOUSE BILL NO. 165— Adley Fields Malone BY REPRESENTATIVES ANSARDI AND LANCASTER Bajoie Fontenot Marionneaux AN ACT Barham Gautreaux, B McPherson To enact R.S. 9:5169.1, relative to mortgages; to provide for the Boasso Hainkel Michot erasure of mortgages; to provide for the form for erasure; to Boissiere Heitmeier Mount provide for the execution of a release by the holder of the Cain Holden Nevers promissory note; to require the cancellation of a mortgage by the Cheek Hollis Romero clerks of court and recorder of mortgages; to provide for an Cravins Irons Schedler exemption from liability; and to provide for related matters. Dardenne Jackson Smith Duplessis Jones Theunissen The bill was read by title. Senator Kostelka moved the final Dupre Kostelka Ullo passage of the bill. Total—36 NAYS ROLL CALL Amedee Chaisson Gautreaux, N The roll was called with the following result: Total—3 ABSENT YEAS Total—0 Mr. President Dupre Kostelka Adley Ellington Lentini The Chair declared the bill was passed. The title was read and Amedee Fields Malone adopted. Senator Kostelka moved to reconsider the vote by which Bajoie Fontenot Marionneaux the bill was passed and laid the motion on the table. Barham Gautreaux, B McPherson Boasso Gautreaux, N Michot HOUSE BILL NO. 169— Boissiere Hainkel Mount BY REPRESENTATIVE FAUCHEUX Cain Heitmeier Nevers AN ACT Chaisson Holden Romero To amend and reenact Code of Civil Procedure Article 1235.1, Cheek Hollis Schedler relative to service of process on persons; to provide procedures Cravins Irons Smith for service on incarcerated persons; and to provide for related Dardenne Jackson Theunissen matters. Duplessis Jones Ullo Total—39 On motion of Senator B. Gautreaux, the bill was read by title and NAYS returned to the Calendar, subject to call.

Total—0 Mr. President in the Chair ABSENT

1603 Page 72 SENATE 42nd DAY'S PROCEEDINGS June 11, 2004

HOUSE BILL NO. 182— Mr. President Dupre Lentini BY REPRESENTATIVE JACKSON Adley Ellington Malone AN ACT Amedee Fields Marionneaux To enact R.S. 13:1904.1, relative to the destruction of certain records Barham Gautreaux, B McPherson in the City Court of Baton Rouge; to authorize the clerk of court Boasso Gautreaux, N Michot to destroy certain civil and criminal records; to provide for time Boissiere Hainkel Mount limitations in the destructions of records; to provide for Cain Heitmeier Nevers requirements prior to destruction; and to provide for related Chaisson Holden Romero matters. Cheek Hollis Schedler Cravins Jackson Smith The bill was read by title. Senator Fields moved the final Dardenne Jones Theunissen passage of the bill. Duplessis Kostelka Ullo Total—36 ROLL CALL NAYS

The roll was called with the following result: Total—0 ABSENT YEAS Bajoie Fontenot Irons Mr. President Fields Malone Total—3 Adley Fontenot Marionneaux Amedee Gautreaux, B McPherson The Chair declared the bill was passed. The title was read and Barham Gautreaux, N Michot adopted. Senator Kostelka moved to reconsider the vote by which Boasso Hainkel Mount the bill was passed and laid the motion on the table. Boissiere Heitmeier Nevers Cain Holden Romero HOUSE BILL NO. 964— Chaisson Hollis Schedler BY REPRESENTATIVES WHITE, MCVEA, AND HONEY Cheek Irons Smith AN ACT Cravins Jackson Theunissen To amend and reenact Code of Civil Procedure Article 4843(E)(1) and Dardenne Jones Ullo (H), relative to the jurisdiction of city courts; to increase the Dupre Kostelka jurisdictional amount in dispute in the City Court of Zachary; Ellington Lentini to increase the jurisdictional amount of a city court with Total—37 territorial jurisdiction in a city with a certain population; and to NAYS provide for related matters.

Total—0 The bill was read by title. Senator Holden moved the final ABSENT passage of the bill.

Bajoie Duplessis 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 Fields moved to reconsider the vote by which the YEAS bill was passed and laid the motion on the table. Mr. President Ellington Malone HOUSE BILL NO. 254— Adley Fontenot Marionneaux BY REPRESENTATIVES ANSARDI AND LANCASTER Amedee Gautreaux, B McPherson AN ACT Barham Gautreaux, N Michot To amend and reenact R.S. 9:2092(B)(2), relative to trust Boasso Hainkel Mount instruments; to provide for the effect against third parties for the Boissiere Heitmeier Nevers failure of an inter vivos trust instrument to be in proper form; Cain Holden Romero and to provide for related matters. Chaisson Hollis Schedler Cheek Irons Smith The bill was read by title. Senator Kostelka moved the final Cravins Jackson Theunissen passage of the bill. Dardenne Jones Ullo Duplessis Kostelka ROLL CALL Dupre Lentini Total—37 The roll was called with the following result: NAYS

YEAS Total—0

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ABSENT ROLL CALL

Bajoie Fields The roll was called with the following result: Total—2 YEAS The Chair declared the bill was passed. The title was read and adopted. Senator Holden moved to reconsider the vote by which the Mr. President Dupre Malone bill was passed and laid the motion on the table. Adley Ellington Marionneaux Amedee Fields McPherson HOUSE BILL NO. 1495— Bajoie Fontenot Michot BY REPRESENTATIVE BADON Barham Gautreaux, B Mount AN ACT Boasso Gautreaux, N Nevers To amend and reenact Code of Civil Procedure Article 2293(C), Boissiere Heitmeier Romero relative to notice of seizure of immovable property; to provide Cain Holden Schedler for notice to be given to tenants of seized property; and to Chaisson Hollis Smith provide for related matters. Cheek Irons Theunissen Cravins Jackson Ullo The bill was read by title. Senator Duplessis moved the final Dardenne Jones passage of the bill. Duplessis Lentini ROLL CALL Total—37 NAYS The roll was called with the following result: Hainkel YEAS Total—1 ABSENT Mr. President Dupre Kostelka Adley Ellington Lentini Kostelka Amedee Fields Malone Total—1 Bajoie Fontenot Marionneaux Barham Gautreaux, B McPherson The Chair declared the bill was passed. The title was read and Boasso Gautreaux, N Michot adopted. Senator Boasso moved to reconsider the vote by which the Boissiere Hainkel Mount bill was passed and laid the motion on the table. Cain Heitmeier Nevers Chaisson Holden Romero HOUSE BILL NO. 651— Cheek Hollis Schedler BY REPRESENTATIVES PIERRE AND DANIEL Cravins Irons Smith AN ACT Dardenne Jackson Theunissen To amend and reenact R.S. 30:87(A), (B), and (F) and to repeal R.S. Duplessis Jones Ullo 30:87(G), relative to oilfield site restoration fees; to increase Total—39 such fee after a certain date; and to provide for related matters. NAYS The bill was read by title. Senator Malone moved the final Total—0 passage of the bill. ABSENT ROLL CALL Total—0 The roll was called with the following result: The Chair declared the bill was passed. The title was read and adopted. Senator Duplessis moved to reconsider the vote by which YEAS the bill was passed and laid the motion on the table. Mr. President Dupre Jones HOUSE BILL NO. 77— Adley Ellington Malone BY REPRESENTATIVE HUTTER Bajoie Fontenot Romero AN ACT Boasso Gautreaux, B Schedler To amend and reenact R.S. 15:255(A)(1) and (D)(1) and to enact R.S. Boissiere Holden Smith 15:255(A)(4), relative to fees paid to off-duty law enforcement Cheek Hollis Theunissen officers who are witnesses in criminal cases; to require the Duplessis Jackson Ullo witness fees to only be paid from the specified fund; and to Total—21 provide for related matters. NAYS The bill was read by title. Senator Boasso moved the final Amedee Cravins Kostelka passage of the bill. Barham Fields Michot

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Cain Gautreaux, N Mount "§1214. Methods, acts, and practices which are defined herein as Chaisson Hainkel Nevers unfair or deceptive acts or practices in the business of insurance: Total—12 * * * ABSENT (7) Unfair discrimination. * * * Dardenne Irons Marionneaux R.S.22: 1214(7)(j) is all proposed new law. Heitmeier Lentini McPherson j. With regards to automobile liability insurance, refusing to issue Total—6 insurance coverage or increasing insurance premiums solely based upon a lapse in insurance coverage where the insured is serving in the The Chair declared the bill failed to pass. military and has been deployed and has performed military services out of state and where the individual has previously surrendered his Notice of Reconsideration automobile license number plate to the office of motor vehicles in compliance with R.S. 47:505(B). This Paragraph shall apply to all Senator Malone, pursuant to Senate Rule Number 11.12, gave existing and new insurance policies as well as renewals of existing notice that before the expiration of the Morning Hour of the next policies. succeeding legislative day of the Senate, he would move to reconsider * * *" the vote by which the bill failed to pass. On motion of Senator Ellington, the amendments were adopted. Senator Bajoie in the Chair The bill was read by title. Senator Irons moved final passage of HOUSE BILL NO. 797— the amended bill. BY REPRESENTATIVES TUCKER, K. CARTER, ERDEY, FUTRELL, JOHNS, ALARIO, ALEXANDER, ANSARDI, ARNOLD, BALDONE, BAUDOIN, BAYLOR, BROOME, BRUCE, BRUNEAU, BURNS, ROLL CALL BURRELL, CROWE, CURTIS, DAMICO, DANIEL, DEWITT, DOERGE, DORSEY, DOVE, DURAND, FANNIN, FARRAR, The roll was called with the following result: FAUCHEUX, FLAVIN, FRITH, GLOVER, GRAY, E. GUILLORY, M. GUILLORY, HILL, HONEY, HUTTER, JACKSON, JEFFERSON, KATZ, KENNEY, LABRUZZO, LANCASTER, MARCHAND, YEAS MARTINY, MCDONALD, MURRAY, PIERRE, PITRE, M. POWELL, T. POWELL, QUEZAIRE, RICHMOND, RITCHIE, ROMERO, SALTER, SCALISE, SHEPHERD, GARY SMITH, JACK SMITH, JOHN Mr. President Dupre Lentini SMITH, ST. GERMAIN, STRAIN, THOMPSON, TOOMY, TOWNSEND, TRAHAN, WALKER, WALSWORTH, AND WHITE Adley Ellington Malone AN ACT Amedee Fields Marionneaux To enact R.S. 22:1425, relative to automobile liability insurance; to Bajoie Fontenot McPherson provide for active military personnel; to provide for premium Barham Gautreaux, B Michot discounts; to provide for rebates; to provide for rules and Boasso Gautreaux, N Mount regulations; to provide for the authority of the commissioner of Boissiere Hainkel Nevers insurance; and to provide for related matters. Cain Heitmeier Romero Chaisson Holden Schedler Floor Amendments Sent Up Cheek Hollis Smith Cravins Irons Theunissen Senator Ellington sent up floor amendments which were read. Dardenne Jackson Ullo Duplessis Jones SENATE FLOOR AMENDMENTS Total—38 NAYS Amendments proposed by Senator Ellington to Reengrossed House Bill No. 797 by Representative Tucker Total—0 ABSENT AMENDMENT NO. 1 On page 1, line 2, after "R.S. 22:" insert "1214(7)(j) and" Kostelka Total—1 AMENDMENT NO. 2 On page 1, line 5, after "insurance;" insert the following: The Chair declared the amended bill was passed. The title was "and to prohibit unfair trade practices as they relate to the issuance read and adopted. Senator Irons moved to reconsider the vote by of insurance to those who are or have participated in certain military which the bill was passed and laid the motion on the table. services;" HOUSE BILL NO. 836— BY REPRESENTATIVES GLOVER AND HOPKINS AMENDMENT NO. 3 AN ACT On page 1, line 7, after "R.S. 22:" insert "1214(7)(j)" and change "is" To amend and reenact R.S. 11:3724(8), as enacted by Act No. 74 of to "are" the 1991 Regular Session of the Legislature of Louisiana, relative to the Police Pension and Relief Fund of the City of Shreveport; AMENDMENT NO. 4 to provide relative to survivor benefits; to repeal R.S. On page 1, between lines 7 and 8, insert the following:

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11:3724(8) as amended and reenacted by prior Acts of the Legislature of Louisiana; to provide for an effective date; and to ROLL CALL provide for related matters. The roll was called with the following result: The bill was read by title. Senator Jackson moved the final passage of the bill. YEAS

ROLL CALL Mr. President Dupre Kostelka Adley Ellington Lentini The roll was called with the following result: Amedee Fields Malone Bajoie Fontenot Marionneaux YEAS Barham Gautreaux, B McPherson Boasso Gautreaux, N Michot Mr. President Dupre Lentini Boissiere Hainkel Mount Adley Ellington Malone Cain Heitmeier Nevers Amedee Fontenot Marionneaux Chaisson Holden Romero Bajoie Gautreaux, B Michot Cheek Hollis Schedler Barham Gautreaux, N Mount Cravins Irons Smith Boasso Hainkel Nevers Dardenne Jackson Theunissen Boissiere Heitmeier Romero Duplessis Jones Ullo Cain Holden Schedler Total—39 Chaisson Hollis Smith NAYS Cheek Irons Theunissen Cravins Jackson Ullo Total—0 Dardenne Jones ABSENT Duplessis Kostelka Total—37 Total—0 NAYS The Chair declared the bill was passed. The title was read and Total—0 adopted. Senator Boasso moved to reconsider the vote by which the ABSENT bill was passed and laid the motion on the table.

Fields McPherson HOUSE BILL NO. 938— Total—2 BY REPRESENTATIVE TUCKER AN ACT The Chair declared the bill was passed. The title was read and To enact R.S. 11:266.1(E), relative to the state retirement systems; adopted. Senator Jackson moved to reconsider the vote by which the to provide relative to investment requirements; to provide for bill was passed and laid the motion on the table. reporting; to provide for an effective date; and to provide for related matters. HOUSE BILL NO. 846— BY REPRESENTATIVE MORRISH Floor Amendments Sent Up AN ACT To amend and reenact R.S. 30:2418(G), (H)(3) and (4), (I), (J), and Senator McPherson sent up floor amendments which were read. (O)(3), relative to waste tires; to provide for fees collected on the sale of tires; and to provide for related matters. SENATE FLOOR AMENDMENTS

On motion of Senator Bajoie, the bill was read by title and Amendments proposed by Senator McPherson to Engrossed House returned to the Calendar, subject to call. Bill No. 938 by Representative Tucker

HOUSE BILL NO. 870— AMENDMENT NO. 1 BY REPRESENTATIVES TUCKER, DOERGE, GALLOT, HEBERT, HILL, KENNARD, MONTGOMERY, JOHN SMITH, ST. GERMAIN, On page 1, line 2, after "(E)" insert "and 441(G)" TRAHAN, TRICHE, AND WALSWORTH AND SENATOR BOSSIERE AN ACT AMENDMENT NO. 2 To amend and reenact R.S. 11:2257(F)(2) and (H), relative to the On page 1, line 3, after "date;" insert "to provide for continuance of Firefighters' Retirement System; to provide definitions of terms; insurance coverage for elected officials under certain conditions;" to remove the authorization for retired members to participate in the Deferred Retirement Option Plan; to provide for an AMENDMENT NO. 3 effective date; and to provide for related matters. On page 1, line 9, after "(E)" delete "is" and insert "and 441(G) are"

The bill was read by title. Senator Boasso moved the final AMENDMENT NO. 4 passage of the bill. On page 1, between lines 14 and 15, insert the following:

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" * * * On motion of Senator Barham, the amendments were adopted. §441. Eligibility for retirement * * * The bill was read by title. Senator Boissiere moved final passage G. Any elected official who has served in his current elective of the amended bill. office more than ten years and less than fifteen years, who is, as of June 1, 2004, vested in the Louisiana State Employees Retirement ROLL CALL System, and is not yet eligible to draw retirement benefits, shall be allowed to retire, delaying benefits until the official is age fifty-five, The roll was called with the following result: and, if willing to pay both the state and employee share of the state group benefits premiums, shall be allowed to purchase insurance YEAS coverage, beyond the time frame provided under COBRA, until such time as the official is of an age to receive full retirement benefits. Mr. President Dupre Kostelka These provisions shall not be applicable after December 1, 2007." Adley Ellington Lentini Amedee Fields Malone On motion of Senator McPherson, the amendments were Bajoie Fontenot Marionneaux adopted. Barham Gautreaux, B McPherson Boasso Gautreaux, N Michot On motion of Senator Heitmeier, the amended bill was read by Boissiere Hainkel Mount title and returned to the Calendar, subject to call. Cain Heitmeier Nevers Chaisson Holden Romero HOUSE BILL NO. 984— Cheek Hollis Schedler BY REPRESENTATIVE PINAC Cravins Irons Smith AN ACT Dardenne Jackson Theunissen To amend and reenact R.S. 11:1423(C), relative to the Louisiana Duplessis Jones Ullo Assessors' Retirement Fund; to provide relative to retirement Total—39 options; to provide relative to option reductions; to provide for NAYS an effective date; and to provide for related matters.

Total—0 On motion of Senator McPherson, the bill was read by title and ABSENT returned to the Calendar, subject to call.

Total—0 HOUSE BILL NO. 1006— BY REPRESENTATIVES SCHNEIDER AND MONTGOMERY AN ACT The Chair declared the amended bill was passed. The title was To amend and reenact R.S. 11:62(introductory paragraph) and (9), read and adopted. Senator Boissiere moved to reconsider the vote by relative to employee contribution rates; to authorize the board which the bill was passed and laid the motion on the table. of trustees of the Sheriffs' Pension and Relief Fund to increase the employee contribution rate in consultation with the fund's HOUSE BILL NO. 1101— BY REPRESENTATIVES ANSARDI, DAMICO, MARTINY, AND actuary; to specify a maximum rate allowable; to provide for an WOOTON AND SENATORS BOISSIERE, LENTINI, AND ULLO effective date; and to provide for related matters. AN ACT To enact R.S. 33:2740.18.2, relative to the hotel occupancy tax; to Floor Amendments Sent Up authorize the Jefferson Parish Council to levy and collect an additional hotel occupancy tax within Jefferson Parish; to Senator Barham sent up floor amendments which were read. provide for the purposes for which the proceeds of the tax may be used; and to provide for related matters. SENATE FLOOR AMENDMENTS Floor Amendments Sent Up Amendments proposed by Senator Barham to Engrossed House Bill No. 1006 by Representative Schneider Senator Lentini sent up floor amendments which were read.

SENATE FLOOR AMENDMENTS AMENDMENT NO. 1 On page 1, after line 20, insert the following: Amendments proposed by Senator Lentini to Reengrossed House Bill "Section 2. The board of trustees of the Sheriffs' Pension and No. 1101 by Representative Ansardi Relief Fund shall use the authority granted in Section 1 of this Act to increase the employee contribution rate sufficiently so that the costs AMENDMENT NO. 1 of any additional benefits granted to the employees by the Acts On page 2, line 24, after "and" insert "in the municipalities of which originated as House Bill Nos. 1007, 1008, and 1194 are shared Jefferson Parish" equally between the employees and employers."

AMENDMENT NO. 2 AMENDMENT NO. 2 On page 2, line 1, change "Section 2." to "Section 3." On page 2, line 25, after "tourism," change "on behalf of" to "in"

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AMENDMENT NO. 3 Floor Amendments Sent Up On page 2, line 26, after "body" insert "and in the municipalities by a mayor-designated body" Senator McPherson sent up floor amendments which were read.

AMENDMENT NO. 4 SENATE FLOOR AMENDMENTS On page 2, line 27, after "the" insert "programs of the" Amendments proposed by Senator McPherson to Engrossed House AMENDMENT NO. 5 Bill No. 1271 by Representative DeWitt On page 2, delete line 28, and add in lieu thereof "Visitors Bureau and the programs of the Kenner Convention and Visitors Bureau." AMENDMENT NO. 1 On page 1, line 2, after "(A)" insert "and to enact R.S. 11:441(G)" On motion of Senator Lentini, the amendments were adopted. AMENDMENT NO. 2 The bill was read by title. Senator Hollis moved final passage of On page 1, line 3, delete "who are" and insert "and certain other the amended bill. members"

ROLL CALL AMENDMENT NO. 3 On page 1, line 6, after "date;" insert "to provide for continuance of The roll was called with the following result: insurance coverage for elected officials under certain conditions;"

YEAS AMENDMENT NO. 4 On page 1, delete lines 12 and 13 and insert the following: Mr. President Ellington Lentini "Section 1. R.S. 11:62 (introductory paragraph) and (5) (c) are Adley Fields Malone hereby amended and reenacted and R.S. 11:441(G) is hereby enacted Amedee Fontenot Marionneaux to read as follows:" Bajoie Gautreaux, B McPherson Barham Gautreaux, N Michot AMENDMENT NO. 5 Boasso Hainkel Mount On page 2, between lines 1 and 2, insert the following: Boissiere Heitmeier Nevers "§441. Eligibility for retirement Chaisson Holden Romero * * * Cheek Hollis Schedler G. Any elected official who has served in his current elective Cravins Irons Smith office more than ten years and less than fifteen years, who is, as of Dardenne Jackson Theunissen June 1, 2004, vested in the Louisiana State Employees Retirement Duplessis Jones Ullo System, and is not yet eligible to draw retirement benefits, shall be Dupre Kostelka allowed to retire, delaying benefits until the official is age fifty-five, Total—38 and, if willing to pay both the state and employee share of the state NAYS group benefits premiums, shall be allowed to purchase insurance coverage, beyond the time frame provided under COBRA, until such Total—0 time as the official is of an age to receive full retirement benefits. ABSENT These provisions shall not be applicable after December 1, 2007."

Cain On motion of Senator McPherson, the amendments were Total—1 adopted.

The Chair declared the amended bill was passed. The title was The bill was read by title. Senator Boissiere moved final passage read and adopted. Senator Hollis moved to reconsider the vote by of the amended bill. which the bill was passed and laid the motion on the table. ROLL CALL Mr. President in the Chair The roll was called with the following result: HOUSE BILL NO. 1271— BY REPRESENTATIVE DEWITT YEAS AN ACT To amend and reenact R.S. 11:62(introductory paragraph) and (5)(c) Mr. President Ellington Jones and R.S. 24:36(A), relative to employees of the state legislature Bajoie Fields Lentini who are members of the Louisiana State Employees' Retirement Boissiere Gautreaux, B Marionneaux System; to provide for an increase in the employee contribution Cain Gautreaux, N McPherson rate and accrual rate for certain members of the system; to Chaisson Heitmeier Nevers provide for leave conversion for legislative employees; to Cheek Holden Schedler provide for an effective date; and to provide for related matters. Cravins Hollis Theunissen Duplessis Irons Ullo

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Dupre Jackson ROLL CALL Total—26 NAYS The roll was called with the following result:

Adley Fontenot Mount YEAS Amedee Hainkel Romero Barham Kostelka Smith Mr. President Dupre Kostelka Boasso Malone Adley Ellington Lentini Dardenne Michot Amedee Fields Malone Total—13 Bajoie Fontenot Marionneaux ABSENT Barham Gautreaux, B McPherson Boasso Gautreaux, N Michot Total—0 Boissiere Hainkel Mount Cain Heitmeier Nevers The Chair declared the amended bill was passed. The title was Chaisson Holden Romero read and adopted. Senator Boissiere moved to reconsider the vote by Cheek Hollis Schedler which the bill was passed and laid the motion on the table. Cravins Irons Smith Dardenne Jackson Theunissen HOUSE BILL NO. 1478— Duplessis Jones Ullo BY REPRESENTATIVES WHITE, ALARIO, ALEXANDER, ANSARDI, ARNOLD, BADON, BALDONE, BAUDOIN, BAYLOR, BOWLER, Total—39 BRUCE, BRUNEAU, BURNS, BURRELL, R. CARTER, CRANE, NAYS CROWE, CURTIS, DAMICO, DANIEL, DARTEZ, DEWITT, DOERGE, DORSEY, DOVE, DOWNS, ERDEY, FANNIN, FARRAR, FAUCHEUX, FLAVIN, FRITH, FUTRELL, GALLOT, GEYMANN, GLOVER, GRAY, Total—0 E. GUILLORY, M. GUILLORY, HEBERT, HILL, HONEY, HOPKINS, ABSENT HUDSON, HUNTER, HUTTER, JEFFERSON, JOHNS, KATZ, LABRUZZO, LAFLEUR, LAMBERT, MARCHAND, MARTINY, MCDONALD, MCVEA, MONTGOMERY, MORRELL, MURRAY, Total—0 ODINET, PIERRE, PITRE, M. POWELL, T. POWELL, QUEZAIRE, RICHMOND, RITCHIE, SALTER, SCALISE, SHEPHERD, SMILEY, GARY SMITH, JACK SMITH, JANE SMITH, JOHN SMITH, ST. The Chair declared the amended bill was passed. The title was GERMAIN, STRAIN, THOMPSON, TOOMY, TOWNSEND, TRAHAN, read and adopted. Senator Fontenot moved to reconsider the vote by TRICHE, TUCKER, WADDELL, WALKER, WALSWORTH, WINSTON, WOOTON, AND WRIGHT which the bill was passed and laid the motion on the table. AN ACT To amend and reenact R.S. 51:2453(4) and to enact R.S. 51:2453(6) HOUSE BILL NO. 1718 (Substitute for House Bill No. 1606 and 2460(C) and (D), relative to the Louisiana Quality Jobs by Representative G. Smith)— Programs Act; to expand the definition of "new direct job" to BY REPRESENTATIVE GARY SMITH include employees of a facility management contractor in certain AN ACT instances; to provide for definitions; to provide for penalties; To amend and reenact R.S. 47:1852(B), 1852.1, and 1856(A)(1) and and to provide for related matters. to enact R.S. 47:1856(G), relative to the assessment of public service properties for ad valorem taxation; to specify filing requirements for certain reports; to increase the penalty for Floor Amendments Sent Up failure to timely file reports; to specify procedures for protesting assessments; and to provide for related matters. Senator Fontenot sent up floor amendments which were read.

SENATE FLOOR AMENDMENTS Floor Amendments Sent Up

Amendments proposed by Senator Fontenot to Reengrossed House Senator Ellington sent up floor amendments which were read. Bill No. 1478 by Representative White SENATE FLOOR AMENDMENTS AMENDMENT NO. 1 In Senate Committee Amendment No. 1, proposed by the Senate Amendments proposed by Senator Ellington to Reengrossed House Committee on Revenue and Fiscal Affairs and adopted by the Senate Bill No. 1718 by Representative Gary Smith on June 8, 2004, on page 1, line 7 and 8, change "credits" to "rebates" AMENDMENT NO. 1 On motion of Senator Fontenot, the amendments were adopted. On page 2, line 15, change "In" to "Except as provided in R.S. 47:1856(G), in" and delete "the correctness of" The bill was read by title. Senator Fontenot moved final passage of the amended bill. AMENDMENT NO. 2 On page 2, line 21, change "an assessment" to "a law or laws, including the application thereof, related to the valuation or assessment"

AMENDMENT NO. 3

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On page 2, line 23, change "may" to "shall" Introduction of Senate Resolutions

AMENDMENT NO. 4 Senator Bajoie asked for and obtained a suspension of the rules On page 2, line 24, after "and (C)." insert the following: "The for the purpose of introducing and reading the following Senate provisions of R.S. 47:1856(E) and (F) shall be applicable to such Resolutions a first and second time and acting upon them as follows: proceedings; however, the tax commission and all affected assessors and the officers responsible for the collection of any taxes owed SENATE RESOLUTION NO. 131— pursuant to such assessment shall be made parties to such suit. If BY SENATOR HOLDEN such suit affects assessments of property located in more than one A RESOLUTION parish, such suit may be brought in either the district court for the To commend and congratulate the Community Association for the parish in which the tax commission is domiciled or the district court Welfare of School Children for its contributions to East Baton of any one of the parishes in which the property is located and Rouge Parish and the surrounding area and to declare June 11, assessed. No bond or other security shall be necessary to perfect an 2004 as "Community Association for the Welfare of School appeal in such suit. Any appeal from a judgment of the district court Children Day". shall be heard by preference within sixty days of the lodging of the record in the court of appeal. The appeal shall be taken thirty days On motion of Senator Holden, the resolution was read by title from the date the judgment of the district court is rendered." and adopted.

On motion of Senator Ellington, the amendments were adopted. SENATE RESOLUTION NO. 132— BY SENATOR HOLDEN The bill was read by title. Senator Ellington moved final passage A RESOLUTION To commend and congratulate Mildred Clark for her long-standing of the amended bill. and dedicated efforts as a self-sacrificing individual who helped mobilize others to assist children and families of East Baton ROLL CALL Rouge Parish and the surrounding area, as a co-founder of the Community Association for the Welfare of School Children. The roll was called with the following result: On motion of Senator Holden, the resolution was read by title YEAS and adopted.

Mr. President Dupre Kostelka SENATE RESOLUTION NO. 133— Adley Ellington Lentini BY SENATOR HOLDEN Amedee Fields Malone A RESOLUTION Bajoie Fontenot Marionneaux To commend and congratulate Hazel Freeman for her long-standing Barham Gautreaux, B McPherson and dedicated efforts as a self-sacrificing individual who helped Boasso Gautreaux, N Michot mobilize others to assist children and families of East Baton Boissiere Hainkel Mount Rouge Parish and the surrounding area, as a co-founder of the Cain Heitmeier Nevers Community Association for the Welfare of School Children. Chaisson Holden Romero Cheek Hollis Schedler On motion of Senator Holden, the resolution was read by title Cravins Irons Smith and adopted. Dardenne Jackson Theunissen Rules Suspended Duplessis Jones Ullo Total—39 Senator Marionneaux asked for and obtained a suspension of the NAYS rules for the purpose of recalling Senate Resolution No. 130 from the Committee on Senate and Governmental Affairs. Total—0 ABSENT SENATE RESOLUTION NO. 130— BY SENATOR MARIONNEAUX Total—0 A RESOLUTION To amend and readopt Rule No. 1.2(C) of the Rules of the Order of The Chair declared the amended bill was passed. The title was the Senate, to provide that the Senate president shall designate read and adopted. Senator Ellington moved to reconsider the vote by a place in the Senate balcony for the news media. which the bill was passed and laid the motion on the table. On motion of Senator Marionneaux, the resolution was read by title and returned to the Calendar, subject to call. Rules Suspended

Senator Amedee asked for and obtained a suspension of the rules for the purpose of reverting to the Morning Hour.

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Privilege Report of the Committee on SENATE CONCURRENT RESOLUTION NO. 25— BY SENATOR MCPHERSON AND REPRESENTATIVES BAUDOIN, Senate and Governmental Affairs DOVE, FRITH, GEYMANN, HILL, HUTTER, LAMBERT, PIERRE, ROBIDEAUX, JACK SMITH AND ST. GERMAIN ENROLLMENTS A CONCURRENT RESOLUTION To urge and request The Honorable Kat hleen Babineaux Blanco, Senator Jones, Chairman on behalf of the Committee on Senate Governor of the State of Louisiana, to direct the state land office and Governmental Affairs, submitted the following report: to complete within the next four years an inventory of the waterbottoms in this state, and to provide sufficient funding June 11, 2004 through appropriations or other means for the accomplishment of this urgent and crucial task. To the President and Members of the Senate: SENATE CONCURRENT RESOLUTION NO. 27— BY SENATOR MCPHERSON I am directed by your Committee on Senate and Governmental A CONCURRENT RESOLUTION Affairs to submit the following report: To urge and request the Louisiana Department of Transportation and Development to study the feasibility of increasing the speed The following Senate Concurrent Resolutions have been limits on certain two-lane roads. properly enrolled: SENATE CONCURRENT RESOLUTION NO. 28— SENATE CONCURRENT RESOLUTION NO. 8— BY SENATOR MICHOT BY SENATOR ELLINGTON AND REPRESENTATIVES DURAND, E. A CONCURRENT RESOLUTION GUILLORY AND KATZ A CONCURRENT RESOLUTION To encourage the private sector to increase the number of options for To establish the Commission on Men's Health and Wellness to study long-term care and to urge Louisiana insurance companies to and make recommendations relative to improving the health of increase the options available for coverage of long-term care. men living in Louisiana and to require the commission to report SENATE CONCURRENT RESOLUTION NO. 29— such recommendations. BY SENATOR SMITH AND REPRESENTATIVE BEARD A CONCURRENT RESOLUTION SENATE CONCURRENT RESOLUTION NO. 9— To memorialize the Congress of the United States to preserve BY SENATOR B. GAUTREAUX A CONCURRENT RESOLUTION Louisiana's sovereignty related to public expressions of religious T o add two members to the Louisiana State Seafood Industry faith within the state of Louisiana. Advisory Board increasing the size of the board from twenty- SENATE CONCURRENT RESOLUTION NO. 30— three to twenty-five voting and non-voting members. BY SENATOR SMITH A CONCURRENT RESOLUTION SENATE CONCURRENT RESOLUTION NO. 14— To urge and request the Department of Wildlife and Fisheries to BY SENATOR DARDENNE A CONCURRENT RESOLUTION study the possible migration of triploid grass carp out of Saline To direct the office of the legislative auditor to do an in-depth Lake. financial and compliance audit on the relationships between the SENATE CONCURRENT RESOLUTION NO. 34— state public retirement systems board and the investment BY SENATORS ULLO AND HOLLIS AND REPRESENTATIVES advisors, consultants and managers. ALARIO, ARNOLD, BADON, BALDONE, BAUDOIN, BOWLER, BURNS, CURTIS, DAMICO, DARTEZ, DEWITT, DURAND, FANNIN, FAUCHEUX, FLAVIN, FRITH, GEYMANN, E. GUILLORY, HEBERT, SENATE CONCURRENT RESOLUTION NO. 22— HONEY, JOHNS, KATZ, KENNARD, LABRUZZO, LANCASTER, BY SENATOR MALONE MARCHAND, MCDONALD, MORRELL, MURRAY, ODINET, A CONCURRENT RESOLUTION PIERRE, PINAC, T. POWELL, QUEZAIRE, RICHMOND, RITCHIE, SCALISE, SHEPHERD, SMILEY, GARY SMITH, JANE SMITH, ST. To urge and request the commissioner of conservation to seek GERMAIN, STRAIN, TOOMY, TRAHAN, WALKER AND WOOTON agreement with bordering states, for their providing of timely A CONCURRENT RESOLUTION notification to Louisiana prior to certain oil and gas activity near To urge and request the governor and the Louisiana Department of the state boundary. Transportation and Development to make every effort to expedite the proposed widening of the Huey P. Long Bridge and SENATE CONCURRENT RESOLUTION NO. 23— improvements to the eastbank and westbank roadway BY SENATOR CAIN approaches. A CONCURRENT RESOLUTION To urge and request the Department of Public Safety and Corrections SENATE CONCURRENT RESOLUTION NO. 37— to inform the public of the requirements of R.S. 32:71(B) BY SENATOR SMITH requiring slower moving traffic to drive in the right-hand lane on A CONCURRENT RESOLUTION multilane highways, and to request state police to enforce the To urge and request the secretary of the Louisiana Department of penalties for violation as provided in law. Transportation and Development to consider the training of certain department employees to assist state police in accident investigation and reconstruction, specifically concerning the road operating environment.

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SENATE CONCURRENT RESOLUTION NO. 41— SENATE CONCURRENT RESOLUTION NO. 82— BY SENATOR FIELDS AND REPRESENTATIVE DORSEY BY SENATOR SCHEDLER A CONCURRENT RESOLUTION A CONCURRENT RESOLUTION To urge and request that the Department of Health and Hospitals To continue and provide with respect to the Louisiana Public Mental study the feasibility of passing on to the uninsured the reduced Health Review Commission. prices the state pays for prescription drugs for Medicaid beneficiaries. SENATE CONCURRENT RESOLUTION NO. 86— BY SENATORS NEVERS, HAINKEL AND SCHEDLER AND REPRESENTATIVES BALDONE, BAUDOIN, BOWLER, BRUNEAU, SENATE CONCURRENT RESOLUTION NO. 42— K. CARTER, R. CARTER, CURTIS, DAMICO, DOERGE, DORSEY, BY SENATOR SMITH DOWNS, FANNIN, FARRAR, FAUCHEUX, FRITH, GLOVER, GRAY, A CONCURRENT RESOLUTION E. GUILLORY, HEATON, HILL, HONEY, HUNTER, HUTTER, JEFFERSON, KATZ, KENNARD, KENNEY, MARCHAND, To urge and request the Department of Transportation and MCDONALD, MCVEA, MONTGOMERY, MORRELL, MURRAY, Development to use treated wood posts to support roadside ODINET, PIERRE, T. POWELL, QUEZAIRE, RICHMOND, RITCHIE, ROMERO, SALTER, SCALISE, SCHNEIDER, SMILEY, GARY signage and to investigate how the department may use more SMITH, JACK SMITH, JOHN SMITH, STRAIN, THOMPSON, wood products in the maintenance and construction of TOOMY, TOWNSEND, WALKER AND WHITE Louisiana's highways. A CONCURRENT RESOLUTION To urge and requests retailers within the state of Louisiana to SENATE CONCURRENT RESOLUTION NO. 43— promote Louisiana dairy products. BY SENATOR N. GAUTREAUX A CONCURRENT RESOLUTION SENATE CONCURRENT RESOLUTION NO. 88— To urge and request the Department of Health and Hospitals to BY SENATOR AMEDEE AND REPRESENTATIVES R. CARTER AND adopt by rule a procedure for an expedited Medicaid application WALKER process. A CONCURRENT RESOLUTION To urge and request that Louisiana State University Health Sciences SENATE CONCURRENT RESOLUTION NO. 48— Center - New Orleans and Tulane University Health Sciences BY SENATOR JONES AND REPRESENTATIVES ALEXANDER, Center cooperate with Aneurysm Outreach, Inc., a Louisiana CROWE, DOWNS, FANNIN, FUTRELL, HONEY, KENNEY, M. nonprofit organization dedicated to mobilizing people and POWELL, RITCHIE, JANE SMITH, AND WRIGHT A CONCURRENT RESOLUTION resources to eradicate aneurysms, by assisting in the provision To express Legislative support for Southern University Agricultural of portable ultrasound technology and necessary staff to and Mechanical College in the implementation of an aggressive develop a system to provide aneurysm screening statewide for economic development strategy known as Vision 2010 which is those considered to be most at risk. designed to transform education, quality of life, and economic SENATE CONCURRENT RESOLUTION NO. 90— development in our state by the creation of 2,010 jobs by the BY SENATOR SMITH year 2010. A CONCURRENT RESOLUTION To urge and request the Department of Wildlife and Fisheries to SENATE CONCURRENT RESOLUTION NO. 59— study the possible migration of triploid grass carp out of Iatt BY SENATOR MCPHERSON A CONCURRENT RESOLUTION Lake. To direct the Department of Health and Hospitals to investigate, study, and develop a plan or strategy to expedite intra- SENATE CONCURRENT RESOLUTION NO. 91— BY SENATOR SMITH AND REPRESENTATIVE TOWNSEND departmental information sharing designed to result in A CONCURRENT RESOLUTION improvement of data collection processes, program evaluation, To urge and request the Department of Wildlife and Fisheries to draw coordination of client services, and to avoid duplication of down Saline Lake, to apply herbicides to the lake, and to allow efforts. the Saline Lake Game and Fish Preserve Commission to stock the lake with triploid grass carp, under the direct supervision of SENATE CONCURRENT RESOLUTION NO. 62— BY SENATOR HOLDEN the department and its biologists. A CONCURRENT RESOLUTION SENATE CONCURRENT RESOLUTION NO. 92— To urge and request the secretary of the Department of BY SENATOR SMITH Environmental Quality and each member of the Louisiana A CONCURRENT RESOLUTION delegation to the United States Congress to support federal To urge and request the Department of Wildlife and Fisheries to draw regulations mandating restrictions on mercury emissions and down Iatt Lake, to apply herbicides to the lake, and to allow the discharges to reduce mercury contamination in the environment. Grant Parish Police Jury to stock the lake with triploid grass carp, under the direct supervision of the department and its SENATE CONCURRENT RESOLUTION NO. 76— biologists. BY SENATOR FIELDS AND REPRESENTATIVE DORSEY A CONCURRENT RESOLUTION To urge and request the Department of Social Services to study the SENATE CONCURRENT RESOLUTION NO. 104— BY SENATOR HOLDEN feasibility of implementing the "At Home Infant Care Act". A CONCURRENT RESOLUTION To urge and request the Louisiana Community & Technical College System to study the feasibility of adoption of the Ohio University "Skills Max" program which was created to incorporate assessments with job-matching opportunities.

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SENATE CONCURRENT RESOLUTION NO. 105— Respectfully submitted, BY SENATOR DUPRE CHARLES D. JONES A CONCURRENT RESOLUTION Chairman To recognize the Isle de Jean Charles Band of the Biloxi-Chitimacha Confederation of Muskogees ("BCCM"), the Bayou Lafourche The foregoing Senate Concurrent Resolutions were signed by the Band of the BCCM, the Grand Caillou/Dulac Band of the President of the Senate. BCCM, known collectively as the "BCCM Tribes" and the Pointe-au-Chien Indian Tribe ("PACIT"). Message to the Governor SENATE CONCURRENT RESOLUTION NO. 106— BY SENATOR LENTINI AND REPRESENTATIVE MARTINY SIGNED SENATE BILLS A CONCURRENT RESOLUTION To urge and request the Department of Public Safety and Corrections June 11, 2004 to extend and expand the pilot program for home incarceration and electronic monitoring that was established by Act No. 1139 To the Honorable Governor of the State of Louisiana: of the 2001 Regular Session. The President of the Senate and the Speaker of the House of SENATE CONCURRENT RESOLUTION NO. 113— Representatives have signed the following Senate Bills: BY SENATORS ULLO, DARDENNE, DUPLESSIS, DUPRE, HINES, HOLLIS, JACKSON, JONES, KOSTELKA, LENTINI, MICHOT, MOUNT, NEVERS, ROMERO, SCHEDLER, AND THEUNISSEN AND SENATE BILL NO. 97— REPRESENTATIVE SCALISE BY SENATOR ADLEY (By Request) A CONCURRENT RESOLUTION AN ACT To memorialize the Congress of the United States to develop sound To amend and reenact R.S. 37:2301, 2302(2) and (3), 2303(A)(5), energy policies that promote expansion and production of 2308, 2309(B), (D),(G), (H), (K) and (L), 2313(A)(2)(d) and (e), domestic crude oil reserves, and encourages the development of and 2317(B), relative to the maintenance and repair of citizen petroleum refining facilities in the United States. band radios; to repeal requirements that a person must be licensed by the Louisiana State Radio and Technicians Board in SENATE CONCURRENT RESOLUTION NO. 116— order to repair a citizen band radio; and to provide for related BY SENATOR MCPHERSON matters. A CONCURRENT RESOLUTION To urge and request the commissioner of administration to study the SENATE BILL NO. 105— feasibility of delegating, through the office of facility planning BY SENATOR DUPRE AND REPRESENTATIVE BALDONE and control, all or a portion of the office's administrative AN ACT responsibilities regarding any capital outlay project To amend and reenact R.S. 56:2(D), relative to wildlife and fisheries; appropriated to a non-state entity to the governing authority of to provide relative to the Wildlife and Fisheries Commission; to the non-state entity, or to an agency of such governing provide for the elections of the chairman and vice-chairman; and authority. to provide for related matters.

SENATE CONCURRENT RESOLUTION NO. 123— SENATE BILL NO. 138— BY SENATORS SMITH AND MCPHERSON BY SENATOR SCHEDLER AND REPRESENTATIVE STRAIN A CONCURRENT RESOLUTION AN ACT To urge and request the Department of Transport ation and To enact R.S. 13:2575.2, relative to administrative adjudication Development to study the laws that govern the operation of procedures and judicial reviews of code violations in the parish vehicles which haul Louisiana products on the highways and of St. Tammany; to provide additional administrative roadways of Louisiana in excess of the standard limitations set adjudication procedures in St. Tammany Parish; to provide forth in law, and to include in such study more particularly, additional judicial review procedures in St. Tammany Parish; and vehicles transporting forestry products in their natural state and to provide for related matters. vehicles transporting Louisiana-produced lignite coal and coke fuel. SENATE BILL NO. 140— BY SENATOR BAJOIE SENATE CONCURRENT RESOLUTION NO. 140— AN ACT BY SENATOR FIELDS To amend and reenact R.S. 40:1300.51(3) and to enact R.S. A CONCURRENT RESOLUTION 40:1300.51(2)(h), (i) and (j), relative to those employed to care To urge and request the Louisiana State Board of Private Investigator for the infirm; to provide for criminal background checks on Examiners to take appropriate steps to provide for the offering those seeking employment at agencies that care for the infirm; to of courses in private investigation at Southern University. provide a bar to employment in these agencies of persons convicted of certain offenses; to provide for an effective date; SENATE CONCURRENT RESOLUTION NO. 152— and to provide for related matters. BY SENATORS DUPRE, BOASSO, B. GAUTREAUX, N. GAUTREAUX, MOUNT, ROMERO, THEUNISSEN AND ULLO A CONCURRENT RESOLUTION To memorialize the Congress of the United States to enact legislation eliminating the “new shipper” bonding privilege.

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SENATE BILL NO. 152— SENATE BILL NO. 267— BY SENATORS MARIONNEAUX AND ROMERO BY SENATORS ULLO, HAINKEL, HOLLIS, LENTINI, DUPRE AND AN ACT HEITMEIER AND REPRESENTATIVES ALARIO, ANSARDI, BOWLER, DAMICO, LABRUZZO, LANCASTER, MARTINY, To amend and reenact the introductory paragraph of R.S. SCALISE, SHEPHERD, TOOMY, TUCKER AND WOOTON 32:387.7(A), 387.7(A)(3) and (B), and the introductory AN ACT paragraph of R.S. 32:387.9, 387.9(3) and (5), and to enact R.S. To rename the Lafitte Larose Boulevard to the Leo Kerner/Lafitte 32:387.7(A)(5) and 387.9(6), relative to special permits; to Parkway in Jefferson Parish; and to provide for related matters. provide for the issuance of special sugarcane and agronomic or horticultural permits to operators of vehicles; to provide for the SENATE BILL NO. 269— specificity of such permits; and to provide for related matters. BY SENATOR CAIN AN ACT SENATE BILL NO. 169— To re-designate a portion of U. S. 90 in Calcasieu Parish as the BY SENATOR IRONS AND REPRESENTATIVE RICHMOND “Veterans Memorial Highway 90.” AN ACT To amend and reenact Children's Code Articles 607(A) and 1016(B), SENATE BILL NO. 302— relative to the protection of children; to provide with respect to BY SENATOR HINES right to counsel for children in the cust ody of the state; to AN ACT provide for qualified counsel in child protection proceedings in To amend and reenact R.S. 40:1299.39.1(A)(1)(a) and accordance with federal Child Abuse Prevention and Treatment 1299.47(A)(1)(a), relative to medical malpractice; to provide for Act requirements; and to provide for related matters. medical review panel reports to be non-reportable; to provide for the filing of a request for a medical review panel to be non- SENATE BILL NO. 196— reportable; and to provide for related matters. BY SENATOR SMITH AN ACT SENATE BILL NO. 346— To amend and reenact R.S. 32:387(C)(3)(a)(ii), relative to weight and BY SENATORS CHAISSON AND AMEDEE load of vehicles; to provide relative to special permits for AN ACT vehicles which transport forestry products; to provide certain To amend and reenact R.S. 34:2471(A)(1)(d), (3)(d), (6), and (7), exceptions; and to provide for related matters. 2473(B)(3) and (F)(1) and (2), and 2474(B), and to enact R.S. 34:2471(A)(8), 2472(D), 2476.1, 2476.2, and 2476.3, relative to SENATE BILL NO. 227— the Port of South Louisiana; to provide for the membership, BY SENATOR DARDENNE AND REPRESENTATIVE RICHMOND powers, duties, and functions of the Port of South Louisiana (On Recommendation of the La State Law Institute) Commission; to provide relative to contracts for professional AN ACT services; to provide for the authority to issue bonds and levy To amend and reenact R.S. 9:1149.5, 4521 (introductory paragraph), taxes; to provide for economic and industrial development 4870(B)(introductory paragraph) and 4888(B)(introductory functions; and to provide for related matters. paragraph), R.S. 10:9-102(a)(2), (40), and (46), 9-107.1(b), 9- 107.2, 9-109(d)(11)(C), 9-304(b)(1), 9-309(1), 9-311(b), 9- SENATE BILL NO. 347— 406(f)(introductory paragraph), 9-408(c)(introductory BY SENATORS SMITH AND CAIN paragraph) and (d)(introductory paragraph), 9- AN ACT 409(a)(introductory paragraph), 9-501(a)(2), 9-513(a)(2) and To enact R.S. 48:282, relative to the sale of timber by the (c)(introductory paragraph) and 9-516(a)(2), R.S. 32:706(D) and Department of Transportation and Development; to authorize 710(F), and R.S. 39:1430.1, relative to security devices on the department to sell timber which has been cut or felled on movable property; to provide for uniformity between the state highway rights-of-way; to provide for the use of the Uniform Commercial Code and Louisiana law; to provide for proceeds; and to provide for related matters. definitions of account, fixture filings, and health-care-insurance- receivables; to provide for the consent of the beneficiary to a SENATE BILL NO. 359— security interest life insurance policy; to provide for exercising BY SENATOR HINES control conditioned on default; to provide for the scope of AN ACT fixture filings; to provide rules determining a bank's jurisdiction; To amend and reenact R.S. 40:1299.44(A)(3)(b) and (6)(a), to provide for the relation of titled motor vehicles to provisions 1299.45(A)(2), and 1299.47(A)(2)(a) and (b) and (C)(3)(f), and of commercial laws relative to secured transactions; to provide to enact R.S. 40:1299.47(A)(1)(g) and (C)(3)(g), (h), (i), and (j), for restrictions on assignments; to provide for the place of filing, relative to the Louisiana Medical Malpractice Act; to provide the need for filing termination statements, and for what with respect to claims covered under the Act; to provide that the constitutes filing; to provide for the relation of the oil and gas patient's compensation fund shall be maintained so as to provide lien law to provisions of commercial laws relative to secured a surplus of thirty percent of the annual surcharge premiums, transactions; to provide for security devices on a manufactured reserves established for individual claims, reserves established home; to provide for security devices by public entities; to for incurred but not reported claims, and expenses; to provide provide for the correction of citations; and to provide for related with respect to a corporation, partnership, limited liability matters. partnership, or limited liability company that desires to be qualified as a health care provider, with the payment of an additional surcharge, and the filing of a proof of financial responsibility with the board; to provide with respect to certain filing fees in connection with the naming of additional qualified

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defendants named in any amendment to the request for review; SENATE BILL NO. 822— to provide that all amendments to a request for review shall be BY SENATOR MCPHERSON filed with the division of administration and that upon receipt of AN ACT any amendment, the division of administration is required to To amend and reenact R.S. 32:661(A)(2)(b), relative to toxicology forward the amendment to the Patient's Compensation Fund screens on victims of all traffic fatalities; to provide for the use Oversight Board within five days; to provide with respect to of the most current scientific testing available to determine membership on a medical review panel; and to provide for content of alcohol at the time of death; and to provide for related related matters. matters.

SENATE BILL NO. 368— SENATE BILL NO. 4— BY SENATOR DUPRE AND REPRESENTATIVE BALDONE BY SENATOR MCPHERSON AN ACT AN ACT To amend and reenact R.S. 38:291(F)(1)(d) and (2), and to enact R.S. To enact R.S. 38:2225.2 and 2225.3, relative to public contracts; to 38:325(C)(4), relative to the Lafourche Basin Levee District; to prohibit the state and any state or local entity from executing provide for the authority, powers, duties, functions, and agreements to purchase unimproved property which agreement membership of the district; to provide for the scope of activities requires the successful design and construction of a structure of the district; and to provide for related matters. prior to transfer of title unless specifically authorized by law; to prohibit execution of certain contracts by the state or a political SENATE BILL NO. 434— subdivision of the state which provide for the purchase, lease, BY SENATOR THEUNISSEN or lease with option to purchase by the state or political AN ACT subdivision after completion of construction of a building or To amend and reenact R.S. 2:903(B), relative to airports; to provide other structure unless specifically authorized by law; to provide relative to the General Aviation and Reliever Airport for exceptions; and to provide for related matters. Maintenance Grant Program; to authorize the use of Transportation Trust Fund monies; to provide limitations; and SENATE BILL NO. 21— to provide for related matters. BY SENATOR DUPRE AND REPRESENTATIVES ALARIO, BADON, BALDONE, BAUDOIN, BAYLOR, BURRELL, DAMICO, DANIEL, DARTEZ, DEWITT, DORSEY, DOVE, DOWNS, FAUCHEUX, FRITH, SENATE BILL NO. 460— FUTRELL, GLOVER, HEBERT, HOPKINS, HUNTER, JEFFERSON, BY SENATORS DUPRE, LENTINI, MARIONNEAUX, NEVERS AND KATZ, KENNARD, LABRUZZO, LANCASTER, MARCHAND, DARDENNE AND REPRESENTATIVES BALDONE AND DANIEL MORRELL, MURRAY, ODINET, PIERRE, PITRE, T. POWELL, GARY SMITH, JANE SMITH, ST. GERMAINE, THOMPSON AND AN ACT WADDELL To amend and reenact R.S. 47:1703(A), relative to the homestead AN ACT exemption; to require any taxpayer entitled to the homestead To amend and reenact R.S. 9:5167.2, relative to the cancellation of exemption to own and occupy the homestead before a certain mortgage inscription; to limit certain mortgage inscription date in the calendar year in which the exemption is claimed; and cancellation requirements to residential mortgages; and to to provide for related matters. provide for related matters.

SENATE BILL NO. 487— SENATE BILL NO. 58— BY SENATOR HEITMEIER BY SENATORS BARHAM AND N. GAUTREAUX AND AN ACT REPRESENTATIVES RICHMOND AND MCDONALD To amend R.S. 32:413(B), relative to licenses; to waive collection of AN ACT To enact R.S. 40:2010.8(A)(23) and 2010.10, relative to nursing any charges required for duplicate licenses under certain homes; to add to the residents' bill of rights the right to have a conditions; and to provide for related matters. copy of the most recent Department of Health and Hospitals annual licensing survey results provided by the facility; to SENATE BILL NO. 496— require that the most recent Department of Health and Hospitals BY SENATORS SCHEDLER, ADLEY, AMEDEE, BARHAM, BOASSO, annual licensing survey results be provided to all residents, BOISSIERE, CHEEK, CRAVINS, DARDENNE, DUPRE, ELLINGTON, FIELDS, FONTENOT, B. GAUTREAUX, N. GAUTREAUX, HAINKEL, potential residents, and their sponsors; to provide procedure in HINES, HOLDEN, HOLLIS, IRONS, JONES, KOSTELKA, LENTINI, the case of failure to make such a document available; and to MICHOT, NEVERS, ROMERO, SMITH AND THEUNISSEN AND provide for related matters. REPRESENTATIVES ALARIO, ALEXANDER, ANSARDI, ARNOLD, BALDONE, BAUDOIN, BEARD, BOWLER, BROOME, BRUNEAU, BURNS, BURRELL, K. CARTER, CAZAYOUX, CRANE, CROWE, SENATE BILL NO. 94— CURTIS, DAMICO, DANIEL, DARTEZ, DEWITT, DORSEY, DOVE, BY SENATOR LENTINI DOWNS, FANNIN, FARRAR, FAUCHEUX, FRITH, FUTRELL, AN ACT GLOVER, GRAY, HAMMETT, HEBERT, HILL, HUTTER, JACKSON, To amend and reenact the Louisiana Code of Civil Procedure Arts. JEFFERSON, KATZ, KENNARD, KENNEY, LABRUZZO, LAFLEUR, LANCASTER, MARCHAND, MARTINY, MCDONALD, MURRAY, 1038 and 3601 and R.S. 13:4062, relative to civil law and PINAC, PITRE, M. POWELL, T. POWELL, RICHMOND, RITCHIE, procedure; relative to suits against the state; to provide relative SALTER, SCALISE, SCHNEIDER, GARY SMITH, JACK SMITH, to injunctions in such suits; to provide relative to a finding that JANE SMITH, JOHN SMITH, STRAIN, THOMPSON, TOWNSEND, the expenditure of such state funds would create a deficit; to TRICHE, TUCKER, WADDELL, WALSWORTH, WHITE, WINSTON, AND WRIGHT require an affidavit certifying such finding; to authorize any AN ACT party in the suit to traverse any such affidavit; to require a summary proceeding for such action to traverse; and to provide To designate a portion of Interstate 10 from the Mississippi state for related matters. line as the Stephen E. Ambrose Memorial Parkway; and to provide for related matters.

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SENATE BILL NO. 711— BY SENATOR MCPHERSON AND REPRESENTATIVE WALSWORTH AN ACT To enact R.S. 40:2009.22, relative to Medicaid nursing homes being Medicare Part A certified; to provide for nursing home operators to be required to participate in the Medicare Part A skilled nursing facility program; to provide for a permissive grace p eriod; to provide for penalties for failure to certify for Medicare; and to provide for related matters. SENATE BILL NO. 861— BY SENATORS N. GAUTREAUX, LENTINI AND ROMERO AND REPRESENTATIVES JOHNS AND RICHMOND AN ACT To amend and reenact R.S. 9:315.40(9) and 315.41(A) and to enact R.S. 9:315.40(4)(d), relative to child support; to provide relative to the suspension of licenses for nonpayment of child support; to provide for definitions; to include licenses for the operation of personal watercraft, motorboats, sailboats, all-terrain vehicles and trailers in the definition of licenses; to provide for the suspension of such additional licenses; and to provide for related matters. and they are hereby presented for executive approval.

Respectfully submitted, GLENN A. KOEPP Secretary of the Senate Leaves of Absence The following leaves of absence were asked for and granted:

Romero ½ Day

Adjournment Senator Bajoie moved that the Senate adjourn until Sunday, June 13, 2004, at 1:00 o'clock P.M. The President of the Senate declared the Senate adjourned until 1:00 o'clock P.M. on Sunday, June 13, 2004.

GLENN A. KOEPP Secretary of the Senate GAYE F. HAMILTON Journal Clerk

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