Senate Journal 05041999
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OFFICIAL JOURNAL To the Honorable President and members of the Senate: OF THE Please be advised that the following individuals have been commissioned as Notaries Public for the parishes indicated through SENATE April 30, 1999. In compliance with Article IV, Section 5(H)(3) of the OF THE Louisiana Constitution of 1974, I do hereby present them for your review. STATE OF LOUISIANA _______ Sincerely, M. J. "MIKE" FOSTER, JR. TWENTY-FIRST _______DAY'S PROCEEDINGS Twenty-Fifth Regular Session of the Legislature Caddo Under the Adoption of the Saralynn Beasley Margaret E. Sampson Constitution of 1974 7521 Millbrook Dr. 239 Carrollton Ave. _______ Shreveport, La 71105 Shreveport, La 71105-3311 Senate Chamber State Capitol Calcasieu Baton Rouge, Louisiana Jackie Boyer P. O. Box 12234 Tuesday, May 4, 1999 Lake Charles, La 70612-2234 The Senate was called to order at 1:30 o'clock P.M., by Hon. East Baton Rouge Randy Ewing, President of the Senate. Tina M. Dennis Ryan P. Riley 4728 Alvin Dark #3 265 S. Foster ROLL CALL Baton Rouge, La 70820 Baton Rouge, La 70806 The roll being called, the following members answered to their Michele L. Staggs Cynthia Tippit names: P. O. Box 18147 6512 E. Myrtle Ave. Baton Rouge, La 70893 Baker, La 70714 PRESENT Evangeline Lafayette Mr. President Dyess Lambert Kelly P. Tate Kelly C. Domingue Bajoie Ellington Landry 2346 East Main 3206 Moss St. Barham Fields C Lentini Ville Platte, La 70586 Lafayette, La 70507 Bean Fields W Malone Boissiere Greene Robichaux Orleans Branch Hainkel Romero William M. Blackston Kris Elliott Cain Heitmeier Schedler 650 Poydras St., Ste. 2100 3624 Inwood Ave. Campbell Hines Siracusa New Orleans, La 70130 New Orleans, La 70131 Casanova Hollis Smith Cox Irons Tarver Pointe Coupee Cravins Johnson Theunissen Haley D. Major Stephanie Smith Dardenne Jones Thomas 640-c Napoleon St. P. O. Box 248 Dean Jordan Ullo New Roads, La 70760 New Roads, La 70760 Total—39 ABSENT Rapides Michael Bearb Thomas C. Cardwell Total—0 515 Washington St. 515 Washington St. Alexandria, La 71309 Alexandria, La 71309 The President of the Senate announced there were 39 Senators present and a quorum. Larry Coutee Paul Rutledge 515 Washington St. 515 Washington St. Prayer Alexandria, La 71309 Alexandria, La 71309 The prayer was offered by Senator Cox, following which the Wanda Smith-lee Senate joined in pledging allegiance to the flag of the United States of 6503 Springhill Rd. America. Pineville, La 71360 Sabine Reading of the Journal Brandy L. Soileau 29342 Hwy. 191 On motion of Senator Cox, the reading of the Journal was Many, La 71449 dispensed with and the Journal of yesterday was adopted. St. Mary Morning Hour Betty Augman Doreen Francis P. O. Box 1670 P. O. Box 1670 Messages from the Governor Morgan City, La 70381 Morgan City, La 70381 The following messages from the Governor were received and read Leroy Hose Herbert Johnson as follows: P. O. Box 1670 P. O. Box 1670 State of Louisiana Morgan City, La 70381 Morgan City, La 70381 OFFICE OF THE GOVERNOR Baton Rouge Gary Pederson P. O. Box 1670 May 4, 1999 Morgan City, La 70381 Page 2 SENATE 21st DAY'S PROCEEDINGS May 4, 1999 St. Tammany HOUSE BILL NO. 1174— Patricia D. Daret Kim Kelly BY REPRESENTATIVES CRANE, DEWITT, AND MURRAY 1280 Clausel St. 4331 Iberville St. AN ACT Mandeville, La 70448 Mandeville, La 70471 To amend and reenact R.S. 23:1727, relative to unemployment compensation contributions; to provide that certain assessments do Nell Pounds not affect certain security interests; to provide for a lien for future P. O. Box 990 unpaid contributions, interest, and penalties; to provide for the Sun, La 70463 ranking of liens; and to provide for related matters. Webster Reported without amendments. Christa Lynn Brabham 400 Hanson Dr. HOUSE BILL NO. 1183— BY REPRESENTATIVES THOMPSON AND MURRAY Doyline, La 71203 AN ACT To amend and reenact R.S. 22:233(A)(introductory paragraph) and Part Privilege Report of the VI-B of Chapter 1 of Title 22 of the Louisiana Revised Statutes of Legislative Bureau 1950, to be comprised of R.S. 22:244 through 248, to enact R.S. 22:231(G), 232(29), and 233(A)(3), and to repeal R.S. May 4, 1999 22:6(2)(b)(ii), relative to health insurance; to authorize pilot programs developed by the Department of Insurance for increasing To the President and Members of the Senate: access to affordable health insurance; to authorize development of such pilot programs for small employers that include options for I am directed by your Legislative Bureau to submit the following reinsurance of excess risk, enhanced benefit design options, and report: purchasing cooperatives; to authorize the Louisiana Health Insurance Association to maintain a small employer insurance risk The following bills are approved as to construction and duplication. account; to abolish the Basic Health Insurance Plan Pilot Program Development Council and its advisory committee; and to provide HOUSE BILL NO. 63— for related matters. BY REPRESENTATIVES SCHNEIDER, BRUCE, AND MARIONNEAUX AN ACT Reported without amendments. To amend and reenact R.S. 15:571.3(C)(4), relative to the earning of Respectfully submitted, diminution of sentence for good behavior; to provide that such ARTHUR J. LENTINI diminution is not allowed for inmates incarcerated for certain Chairman attempted sex offenses; and to provide for related matters. Adoption of Legislative Bureau Report Reported without amendments. On motion of Senator Lentini, the Bills and Joint Resolutions were read by title and passed to a third reading. HOUSE BILL NO. 750— BY REPRESENTATIVES MARTINY, ANSARDI, BOWLER, DAMICO, LANCASTER, SCALISE, AND VITTER AND SENATORS HAINKEL, HOLLIS, Reports of Committees LENTINI, AND ULLO AN ACT The following reports of committees were received and read: To enact R.S. 23:1034(E), relative to public employers' liability for workers' compensation; to provide that workers' compensation is REPORT OF COMMITTEE ON an injured public employee's exclusive remedy in certain circumstances; and to provide for related matters. AGRICULTURE Reported without amendments. Senator Cain, Chairman on behalf of the Committee on HOUSE BILL NO. 751— Agriculture, submitted the following report: BY REPRESENTATIVES MARTINY, ANSARDI, BOWLER, DAMICO, LANCASTER, SCALISE, AND VITTER AND SENATORS HAINKEL, May 4, 1999 LENTINI, AND ULLO AN ACT To the President and Members of the Senate: To enact R.S. 23:1034(E), relative to workers' compensation for public employees; to clarify the definition of "public employees"; and to I am directed by your Committee on Agriculture to submit the provide for related matters. following report: Reported without amendments. SENATE CONCURRENT RESOLUTION NO. 75— BY SENATOR BARHAM HOUSE BILL NO. 1103— A CONCURRENT RESOLUTION BY REPRESENTATIVE THERIOT To urge and request the commissioner of agriculture and forestry, with AN ACT the advice of the Louisiana Forestry Commission, to proceed To amend and reenact R.S. 22:1405(B), relative to the Property without delay in promulgating rules and regulations in accordance Insurance Association of Louisiana; to provide with respect to the with the Administrative Procedure Act, provided that such membership of the board of directors of the association; and to promulgation is required by the passage of any legislation during provide for related matters. the 1999 Regular Session of the legislature, which addresses the transportation and receipt of forest products and further to conduct Reported without amendments. a comprehensive study of all existing civil and criminal statutes as they relate to the sale and removal of forest products. Reported favorably. 21st DAY'S PROCEEDINGS Page 3 SENATE May 4, 1999 SENATE CONCURRENT RESOLUTION NO. 76— ROLL CALL BY SENATOR MALONE A CONCURRENT RESOLUTION To urge and request the Senate Committee on Agriculture and the The roll was called with the following result: House Committee on Agriculture to meet as a joint committee to study the state laws concerning the sale of jointly owned timber YEAS and issues related thereto. Mr. President Dyess Lambert Reported favorably. Bajoie Ellington Landry Barham Fields C Lentini Bean Fields W Malone HOUSE BILL NO. 912— BY REPRESENTATIVE TOOMY Boissiere Greene Robichaux AN ACT Branch Hainkel Romero To amend and reenact R.S. 3:3004(A) and to repeal R.S. 40:1379.5, Cain Heitmeier Schedler relative to the office of state police; to delete the requirement that Campbell Hines Siracusa state police impound livestock found at large upon public Casanova Hollis Smith highways; to abolish the violent crimes unit within the office of Cox Irons Tarver state police; and to provide for related matters. Cravins Johnson Theunissen Dardenne Jones Thomas Reported favorably. Dean Jordan Ullo Total—39 HOUSE BILL NO. 1844— NAYS BY REPRESENTATIVES DIEZ, DEWITT, DOWNER, MCMAINS, CRANE, BRUCE, AND FRITH AND SENATORS DARDENNE, EWING, HAINKEL, BARHAM, SCHEDLER Total—0 AN ACT ABSENT To amend and reenact Section 1(A) of Act No. 207 of the 1990 Regular Session of the Legislature, relative to the Departments of Total—0 Agriculture and Forestry and Transportation and Development; to remove the Department of Transportation and Development from The Chair declared the bill was passed. The title was read and participation in designing and developing a brochure presenting an adopted. Senator Greene moved to reconsider the vote by which the bill ecological tour of Louisiana's natural and scenic resources along was passed and laid the motion on the table. Interstate 49; to provide for an effective date; and to provide for related