Senate Daily Journal
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OFFICIAL JOURNAL P. O. Box 94183 Capitol Station OF THE Baton Rouge, Louisiana 70804 SENATE By Facsimile to 504 581 4069 OF THE Dear Senator Hainkel: STATE OF LOUISIANA _______ Please accept this letter as notice of my intention to resign as District 36 State Senator effective Tuesday, December 31, 2002, due FIRST DAY'S PROCEEDINGS to my recent election as District 5 representative on the Louisiana _______ Public Service Commission. I will assume my new office as a Twenty-Ninth Regular Session of the Legislature member of the PSC on Wednesday, January 1, 2003. Under the Adoption of the Constitution of 1974 It is my desire to work with you to ensure theat the residents of _______ District 36 go without Senate representation for as short a period as possible. I am also interested in saving the taxpayers the expense of Senate Chamber State Capitol an unscheduled election. I understand that a tax proposition election Baton Rouge, Louisiana is scheduled January 18, 2003. As you consider dates for a special election to fill the unexpired portion of my Senate term, please Monday, March 31, 2003 consider this date -- assuming it meets all statutory requirements for the election to choose my successor. The Senate was called to order at 12:00 o'clock noon, by Hon. John Hainkel, President of the Senate. Thank you for your assistance in this matter. I have enjoyed serving with you and all my Senate colleagues over the years. ROLL CALL Please contact me if you have any questions or concerns. Yours very truly, The roll being called, the following members answered to their FOSTER L. CAMPBELL JR. names: Thus done and signed before me, Notary Public, at Bossier City, PRESENT Louisiana, on this 20th day of November, 2002. Mr. President Fields Lentini ESKRIDGE "SAM" SMITH, NOTARY PUBLIC Adley Fontenot Malone Bajoie Gautreaux Marionneaux Messages from the Lt. Governor Barham Heitmeier McPherson Bean Hines Michot The following messages from the Lt. Governor were received Boissiere Holden Mount and read as follows: Cain Hollis Romero Chaisson Hoyt Smith SECRETARY OF STATE Cravins Irons Tarver State of Louisiana Dardenne Johnson Theunissen Dean Jones, B Thomas February 18, 2003 Dupre Jones, CD Ellington Lambert To the President of the Senate Total—37 State of Louisiana ABSENT Sir: Schedler Ullo Total—2 I have the honor to submit to you the name of Robert Adley who has been duly elected to fill the vacancy occurring in your Honorable The President of the Senate announced there were 37 Senators Body caused by the resignation of Foster L. Campbell, Jr. present and a quorum. Robert Adley has been officially proclaimed duly and legally Prayer elected as State Senator from the 36th Senatorial District of the State of Louisiana. The prayer was offered by Bishop William Hutchinson, following which the Senate joined in pledging allegiance to the flag With best wishes, of the United States of America. FOX MCKEITHEN Secretary of State Morning Hour Senator C. D. Jones moved that all the Senators should be Petitions, Memorials and administered the Oath of Office. Communications Administering the Oath of Office The following petitions, memorials and communications were received and read: The oath prescribed by Article X, Section 30, of the Constitution was administered by Hon. John Hainkel, President of the Senate, to SENATE the following hereinafter named Senator-elect: Robert Adley. State of Louisiana November 20, 2002 Rules Suspended The Honorable John J. Hainkel Jr. Senator Lambert asked for and obtained a suspension of the President, Louisiana Senate rules for the purpose of taking up at this time. Page 2 SENATE 1st DAY'S PROCEEDINGS March 31, 2003 Introduction of Senate Resolutions SENATE CONCURRENT RESOLUTION NO. 1— BY SENATOR LAMBERT Senator Lambert asked for and obtained a suspension of the A CONCURRENT RESOLUTION rules for the purpose of introducing and reading the following Senate To memorialize the Congress of the United States to hold a national Resolutions a first and second time and acting upon them as follows: referendum to maintain the words "one nation under God" in the Pledge of Allegiance. SENATE RESOLUTION NO. 1 BY SENATOR LAMBERT The resolution was read by title. Senator Lambert moved to A RESOLUTION adopt the Senate Concurrent Resolution. BE IT RESOLVED by the Senate of the State of Louisiana that a committee of five be appointed to notify the House of ROLL CALL Representatives that the Senate is now duly convened and organized and prepared to transact such business as may be The roll was called with the following result: brought before it. YEAS On motion of Senator Lambert, the resolution was read by title and adopted. Mr. President Fontenot Malone Adley Gautreaux Marionneaux In compliance with the resolution the President of the Senate Barham Heitmeier McPherson appointed the following committee: Bean Hines Michot Boissiere Holden Mount Senators Adley, Johnson, Thomas, Ellington and Heitmeier, and Chaisson Hollis Romero Bajoie. Cravins Hoyt Smith Dardenne Irons Tarver SENATE RESOLUTION NO. 2 Dean Jones, B Theunissen BY SENATOR LAMBERT Dupre Jones, CD Thomas A RESOLUTION Ellington Lambert BE IT RESOLVED by the Senate of the State of Louisiana that a Fields Lentini committee of five be appointed to act with such a committee as Total—34 the House of Representatives may appoint to notify the NAYS Governor that the Legislature is now duly convened and organized and prepared to receive such communication as he Total—0 may desire to lay before it. ABSENT On motion of Senator Lambert, the resolution was read by title Bajoie Johnson Ullo and adopted. Cain Schedler Total—5 In compliance with the resolution the President of the Senate appointed the following committee: The Chair declared the Senate had adopted the Senate Concurrent Resolution and ordered it sent to the House. Senators Tarver, Cravins, Theunissen, Smith, and Marionneaux. SENATE CONCURRENT RESOLUTION NO. 2— Reports of Committees BY SENATOR LAMBERT A CONCURRENT RESOLUTION The committee appointed to notify the Governor that the Senate To invite the Honorable M. J. "Mike" Foster, Governor of Louisiana had convened and was prepared to transact business reported it had to address a joint session of the legislature. performed that duty. The President of the Senate thanked the Committee and discharged it. The resolution was read by title. Senator Mount moved to adopt the Senate Concurrent Resolution. The committee appointed to notify the House of Representatives that the Senate had convened and was prepared to transact business ROLL CALL reported it had performed that duty. The President of the Senate thanked the Committee and discharged it. The roll was called with the following result: Committee from the YEAS House of Representatives Mr. President Fields Lentini Adley Fontenot Malone A committee from the House of Representatives appeared before Bajoie Gautreaux Marionneaux the Bar of the Senate and informed the Senate that the House of Barham Heitmeier McPherson Representatives was organized and ready to proceed with business. Bean Hines Michot Boissiere Holden Mount Introduction of Chaisson Hollis Romero Senate Concurrent Resolutions Cravins Hoyt Smith Dardenne Irons Theunissen Senator Lambert asked for and obtained a suspension of the Dean Jones, B Thomas rules for the purpose of introducing and reading the following Senate Dupre Jones, CD Concurrent Resolutions a first and second time and acting upon them Ellington Lambert as follows: Total—34 NAYS 1st DAY'S PROCEEDINGS Page 3 SENATE March 31, 2003 Total—0 SENATE BILL NO. 5— ABSENT BY SENATOR MCPHERSON AN ACT Cain Schedler Ullo To enact Part IV-A of Chapter II of Title 18 of the Louisiana Revised Johnson Tarver Statutes of 1950, to be comprised of R.S. 18:1503.1 through Total—5 1503.3, relative to campaign finance; to establish criteria to identify political entities who are similarly related in The Chair declared the Senate had adopted the Senate membership, purpose and contributors; to require the Concurrent Resolution and ordered it sent to the House. Supervisory Committee on Campaign Finance Disclosure to make certain determinations and identify those entities who make such expenditures; to provide for notification to such Prefiled Senate Bills and entities; and to provide for related matters. Joint Resolutions to be Referred On motion of Senator Lambert, the bill was read by title and The following prefiled Senate Bills and Joint Resolutions were referred to the Committee on Senate and Governmental Affairs. read by title and referred to committees. SENATE BILL NO. 6— SENATE BILL NO. 1— BY SENATOR DUPRE BY SENATOR CAIN AN ACT A JOINT RESOLUTION To amend and reenact R.S. 18:463(A)(2), relative to notice of Proposing to amend Article VII, Section 11 and to repeal Article IV, candidacy forms; to provide that the candidacy form include Section 5(D) of the Constitution of Louisiana, relative to state information concerning the disposition of a felony conviction; fiscal matters; to provide for the submission of the state and to provide for related matters. operating budget and capital outlay program to the legislature and to cause a general appropriations bill to be submitted to the On motion of Senator Lambert, the bill was read by title and legislature; to specify an election for submission of the referred to the Committee on Senate and Governmental Affairs. proposition to electors and provide a ballot proposition. SENATE BILL NO. 7— On motion of Senator Lambert, the bill was read by title and BY SENATOR THEUNISSEN AND REPRESENTATIVES JOHN SMITH referred to the Committee on Finance. AND MCDONALD AN ACT SENATE BILL NO. 2— To amend and reenact R.S. 17:3048.1(A)(1)(a)(iii), relative to the BY SENATOR DUPRE Tuition Opportunity Program for Students; to provide for the AN ACT time period in which a nonresident on active duty with the To enact R.S.