OFFICIAL JOURNAL Message from the House OF THE CONCURRING IN SENATE SENATE CONCURRENT RESOLUTIONS OF THE May 24, 2007 STATE OF ______To the Honorable President and Members of the Senate:

SIXTEENTH DAY'S______PROCEEDINGS I am directed to inform your honorable body that the House of Representatives has finally concurred in the following Senate Thirty-Third Regular Session of the Legislature Concurrent Resolutions: Under the Adoption of the Constitution of 1974 SENATE CONCURRENT RESOLUTION NO. 66— ______BY SENATORS CHEEK, ADLEY AND MALONE AND REPRESENTATIVES MONTGOMERY AND JANE SMITH Senate Chamber A CONCURRENT RESOLUTION State Capitol To commend Breanna Spivy for her many extraordinary Baton Rouge, Louisiana achievements and her outstanding ability to overcome adversity Tuesday, May 29, 2007 and physical impediment. The Senate was called to order at 3:00 o'clock P.M., by Hon. Reported without amendments. Donald E. Hines, President of the Senate. Respectfully submitted, ROLL CALL ALFRED W. SPEER Clerk of the House of Representatives The roll being called, the following members answered to their names: Privilege Report of the Legislative Bureau PRESENT May 29, 2007 Mr President Dupre McPherson Adley Ellington Michot To the President and Members of the Senate: Amedee Fields Mount Bajoie Gautreaux B Murray I am directed by your Legislative Bureau to submit the Barham Gautreaux N Nevers following report: Boasso Heitmeier Quinn Broome Hollis Romero The following bills are approved as to construction and Cain Jackson Schedler duplication. Cassidy Jones Shepherd Chaisson Kostelka Smith HOUSE BILL NO. 254— Cheek Lentini Theunissen BY REPRESENTATIVES ERDEY, MONTGOMERY, ARNOLD, CURTIS, GEYMANN, HARRIS, KLECKLEY, ROBIDEAUX, SCHNEIDER, AND Cravins Malone Ullo TRAHAN Duplessis Marionneaux AN ACT Total - 38 To enact R.S. 11:2173(C), relative to the Sheriffs' Pension and Relief ABSENT Fund; to provide for advance education for candidates for membership on the board of trustees; to provide for educational Fontenot requirements; to provide for place and manner of educational Total - 1 sessions; to provide for costs of such educational sessions; and to provide for related matters. The President of the Senate announced there were 38 Senators present and a quorum. Reported without amendments. Prayer HOUSE BILL NO. 303— BY REPRESENTATIVE TRAHAN The prayer was offered by Pastor Eugene Wellington, following AN ACT which the Senate joined in pledging allegiance to the flag of the To amend and reenact R.S. 6:1094(C)(1), relative to licensees under United States of America. the Residential Mortgage Lending Act; to provide for continuing professional education for persons seeking to Reading of the Journal reinstate or renew their license; and to provide for related matters. On motion of Senator Bajoie, the reading of the Journal was dispensed with and the Journal of yesterday was adopted. Reported without amendments. HOUSE BILL NO. 307— Morning Hour BY REPRESENTATIVES DAMICO AND PINAC AN ACT Rules Suspended To amend and reenact R.S. 37:1442(B), (C), and (D), 1443(4)(a) and (b), and 1462(A), relative to the Louisiana Real Estate Senator Barham asked for and obtained a suspension of the rules Commission; to provide for a delinquent renewal time period for for the purpose of allowing the Committee on Judiciary B to continue active or inactive license or registration; to provide an increase meeting while the Senate is in session. in delinquent renewal fees; to provide for conditions for recovery relative to consent judgments; and to provide for Messages from the House related matters. The following Messages from the House were received and read Reported without amendments. as follows:

363 Page 2 SENATE 16th DAY'S PROCEEDINGS May 29, 2007

HOUSE BILL NO. 314— Respectfully submitted, BY REPRESENTATIVE BRUCE ARTHUR J. "ART" LENTINI AN ACT Chairman To amend and reenact R.S. 6:1088(F)(4), to enact R.S. 6:103(B)(16), 1083(3.2), and 1088.1, and to repeal R.S. 6:1092(J), relative to the Office of Financial Institutions; to provide for the disclosure Adoption of Legislative Bureau Report of information in connection with an online licensing system; to provide for a definition of licensing system; to provide for On motion of Senator Lentini, the Bills and Joint Resolutions rejection of a renewal application for licensure; to provide for were read by title and passed to a third reading. the establishment and implementation of a licensing system; to provide for collection and imposition of fees by a third party; Introduction of and to provide for related matters. Senate Concurrent Resolutions Reported without amendments. Senator Bajoie asked for and obtained a suspension of the rules for the purpose of introducing and reading the following Senate HOUSE BILL NO. 317— Concurrent Resolutions a first and second time and acting upon them BY REPRESENTATIVES GEYMANN AND SCHNEIDER as follows: AN ACT To enact R.S. 6:1090(I), relative to the Residential Mortgage Lending SENATE CONCURRENT RESOLUTION NO. 67— Act; to provide for a restriction on licensees; and to provide for BY SENATOR BROOME related matters. A CONCURRENT RESOLUTION To establish a statewide Task Force on Poverty to outline Reported without amendments. comprehensive approaches for reducing poverty with tangible goals in mind. HOUSE BILL NO. 355— BY REPRESENTATIVE KLECKLEY The resolution was read by title. Senator Broome moved to AN ACT adopt the Senate Concurrent Resolution. To amend and reenact R.S. 37:766 and 780(B)(1), relative to the practice of dentistry; to provide for employment of dental ROLL CALL hygienists; to provide for operations of dental hygienists; to provide for the committee's authority relative to administrative The roll was called with the following result: hearings; and to provide for related matters. YEAS Reported without amendments. Mr President Chaisson McPherson HOUSE BILL NO. 387— BY REPRESENTATIVE FARRAR Adley Cheek Mount AN ACT Amedee Dupre Murray To amend and reenact R.S. 37:2805(B)(1)(d), 2808(2), 2809(A)(9), Bajoie Gautreaux B Nevers and 2810(B), relative to the procedures of the Louisiana Board Barham Gautreaux N Romero of Chiropractic Examiners; to provide for licensing Broome Kostelka Smith requirements; to provide for fees; and to provide for related Cain Lentini Theunissen matters. Cassidy Malone Ullo Total - 24 Reported without amendments. NAYS HOUSE BILL NO. 439— Total - 0 BY REPRESENTATIVE DOERGE ABSENT AN ACT To amend and reenact R.S. 11:788(B)(2), to enact R.S. 11:449(E), Boasso Fontenot Marionneaux and to repeal R.S. 11:788(B)(3), relative to the Teachers' Cravins Heitmeier Michot Retirement System of Louisiana and the Louisiana State Duplessis Hollis Quinn Employees' Retirement System; to provide with respect to Ellington Jackson Schedler eligibility to redeposit all or any part of an eligible rollover Fields Jones Shepherd distribution by retirees who received a qualified distribution Total - 15 pursuant to the Katrina Emergency Tax Relief Act of 2005 or the Gulf Opportunity Zone Act of 2005; to provide for an The Chair declared the Senate had adopted the Senate effective date; and to provide for related matters. Concurrent Resolution and ordered it sent to the House. Reported without amendments. SENATE CONCURRENT RESOLUTION NO. 68— BY SENATOR BAJOIE HOUSE BILL NO. 457— A CONCURRENT RESOLUTION BY REPRESENTATIVE ARNOLD AND SENATOR B. GAUTREAUX To commend Antoine Dominique "Fats" Domino for his exceptional AN ACT and unique rock 'n roll singing style and to designate June 19, To amend and reenact R.S. 11:2260(A)(9) and R.S. 24:513(C)(1), 2007, as "Fats" Domino Day in Louisiana. relative to the Firefighters' Retirement System; to provide relative to audits of employers conducted by the system's board The resolution was read by title. Senator Bajoie moved to adopt of trustees or the legislative auditor; to provide relative to the the Senate Concurrent Resolution. powers and duties of the board and the legislative auditor with respect to such audits; to provide for access by the legislative ROLL CALL auditor to system and employer books, records, documents, and accounts; to provide penalties for failure of an employer to The roll was called with the following result: provide access to records; to provide for an effective date; and to provide for related matters. Reported without amendments.

364 16th DAY'S PROCEEDINGS Page 3 SENATE May 29, 2007

YEAS Message from the House Mr President Chaisson McPherson ASKING CONCURRENCE IN Adley Cheek Mount HOUSE BILLS AND JOINT RESOLUTIONS Amedee Dupre Murray Bajoie Gautreaux B Nevers May 24, 2007 Barham Gautreaux N Romero Broome Kostelka Smith To the Honorable President and Members of the Senate: Cain Lentini Theunissen Cassidy Malone Ullo I am directed to inform your honorable body that the House of Total - 24 Representatives has finally passed and asks your concurrence in the NAYS following House Bills and Joint Resolutions: Total - 0 HOUSE BILL NO. 682— ABSENT BY REPRESENTATIVES JOHNS AND LAFLEUR AN ACT Boasso Fontenot Marionneaux To amend and reenact R.S. 37:1041(C)(2)(a), relative to the practice Cravins Heitmeier Michot of optometry; to provide for the definition of diagnostic and Duplessis Hollis Quinn therapeutic pharmaceutical agent; and to provide for related Ellington Jackson Schedler matters. Fields Jones Shepherd Total - 15 HOUSE BILL NO. 197— BY REPRESENTATIVE TOOMY AND SENATOR SHEPHERD The Chair declared the Senate had adopted the Senate AN ACT Concurrent Resolution and ordered it sent to the House. To amend and reenact R.S. 27:93(A)(4)(a), relative to riverboat admission fees levied by Jefferson Parish; to provide for the use SENATE CONCURRENT RESOLUTION NO. 69— of such fees in the incorporated areas of the West Bank of BY SENATOR BAJOIE Jefferson Parish for specified purposes; to provide for an A CONCURRENT RESOLUTION effective date; and to provide for related matters. To commend Delta Sigma Theta Sorority, Inc., for its achievements and community service and to designate May 30, 2007, as Delta HOUSE BILL NO. 238— Sigma Theta Sorority "Red and White" Day at the Legislature BY REPRESENTATIVE WOOTON of Louisiana. AN ACT To amend and reenact R.S. 27:29.3(A), relative to non-gaming The resolution was read by title. Senator Bajoie moved to adopt supplier permits; to increase the amount of business a supplier the Senate Concurrent Resolution. of non-gaming goods and services must conduct with certain gaming licensees to require the issuance of a non-gaming ROLL CALL supplier permit; to provide for the adoption of rules for reporting by certain suppliers; and to provide for related matters. The roll was called with the following result: HOUSE BILL NO. 277— BY REPRESENTATIVE BOWLER YEAS AN ACT To amend and reenact R.S. 32:861(A)(1), relative to compulsory Mr President Chaisson McPherson motor vehicle liability security; to exempt certain motor vehicles Adley Cheek Mount from required coverage; and to provide for related matters. Amedee Dupre Murray Bajoie Gautreaux B Nevers HOUSE BILL NO. 294— Barham Gautreaux N Romero BY REPRESENTATIVE CHANDLER Broome Kostelka Smith AN ACT Cain Lentini Theunissen To amend and reenact R.S. 15:1105.1(A)(introductory paragraph), Cassidy Malone Ullo 1105.3(B), and 1105.5(B), relative to the Central Louisiana Total - 24 Juvenile Detention Center Authority; to change the name of the NAYS authority to the Central Louisiana Youth Authority; to remove the requirement that the board of commissioners meetings be Total - 0 held at the domicile of the board; and to provide for related ABSENT matters. Boasso Fontenot Marionneaux HOUSE BILL NO. 397— Cravins Heitmeier Michot BY REPRESENTATIVE SMILEY Duplessis Hollis Quinn AN ACT Ellington Jackson Schedler To enact R.S. 56:109.3, relative to deer hunting; to provide relative Fields Jones Shepherd to the taking of deer in the Maurepas Swamp Wildlife Total - 15 Management Area; to authorize the use of dogs during a portion of the open season; and to provide for related matters. The Chair declared the Senate had adopted the Senate Concurrent Resolution and ordered it sent to the House. HOUSE BILL NO. 429— BY REPRESENTATIVE M. POWELL AN ACT Messages from the House To enact R.S. 17:154.5 and 3996(B)(21), relative to school schedules; to require that public elementary and secondary schools be The following Messages from the House were received and read closed on certain election dates; to provide exceptions; to as follows: provide applicability to charter schools; to provide for implementation; to provide an effective date; and to provide for related matters.

365 Page 4 SENATE 16th DAY'S PROCEEDINGS May 29, 2007

HOUSE BILL NO. 519— of the fees; to provide for the use of revenue derived from the BY REPRESENTATIVES ELCIE GUILLORY AND GRAY fees; and to provide for related matters. AN ACT To enact R.S. 14:35.3(B)(3) and (L), relative to domestic abuse HOUSE BILL NO. 460— battery; to provide for criminal penalties for domestic abuse BY REPRESENTATIVE MICKEY GUILLORY battery when the battery involves strangulation; to provide for AN ACT definitions; and to provide for related matters. To amend and reenact R.S. 14:67.16(C)(1)(b), (2)(b), (3)(b), and (4)(b) and to enact R.S. 14:67.16(C)(1)(c), (2)(c), (3)(c), and HOUSE BILL NO. 599— (4)(c), relative to identity theft; to increase penalties for the BY REPRESENTATIVES WADDELL AND FRITH crime of identity theft when the victim is sixty years of age or AN ACT older, under the age of seventeen, or disabled; and to provide for To amend and reenact R.S. 56:116(C), relative to hunting deer; to related matters. define primitive firearms that may be used during the special hunting seasons for muzzleloaders; and to provide for related HOUSE BILL NO. 632— matters. BY REPRESENTATIVE STRAIN AN ACT HOUSE BILL NO. 613— To enact R.S. 40:2183(E), relative to hospices; to place an eighteen- BY REPRESENTATIVE DORSEY month moratorium on the issuance of hospice licenses; to AN ACT exempt certain facilities from the moratorium; and to provide To enact R.S. 27:93(A)(10), relative to riverboat admission fees; to for related matters. authorize the local governing authority in East Baton Rouge Parish where riverboats are berthed to levy a fee based on HOUSE BILL NO. 645— monthly net gaming proceeds in lieu of admission fees; to BY REPRESENTATIVE ELBERT GUILLORY provide for the establishment of the amount of the fee by AN ACT contract; and to provide for related matters. To enact R.S. 15:828.3, relative to the Department of Public Safety and Corrections; to create the Prison Substance Abuse and HOUSE BILL NO. 614— Rehabilitation Pilot Program; to provide for definitions; to BY REPRESENTATIVES BEARD AND SCALISE provide for implementation of the program; to provide with AN ACT respect to services offered by the program; and to provide for To enact R.S. 14:32.9, relative to partial birth abortion; to prohibit related matters. partial birth abortion; to provide for criminal penalties; to provide for a civil action for damages; to provide for a medical Respectfully submitted, review of the conduct of the physician; to provide for ALFRED W. SPEER definitions; to provide for an effective date; and to provide for Clerk of the House of Representatives related matters. HOUSE BILL NO. 157— House Bills and Joint Resolutions BY REPRESENTATIVES WALSWORTH, ALEXANDER, BADON, on First Reading BARROW, CHANDLER, DANIEL, DOWNS, ELBERT GUILLORY, HONEY, KENNEY, MCDONALD, MONTGOMERY, M. POWELL, T. POWELL, RITCHIE, TRAHAN, AND WALKER The following House Bills and Joint Resolutions were read a AN ACT first time by their titles and placed on the Calendar for their second To amend and reenact R.S. 17:164.1(A), relative to requirements for reading: school bus crossing control devices; to provide that the State Board of Elementary and Secondary Education shall adopt rules HOUSE BILL NO. 157— BY REPRESENTATIVES WALSWORTH, ALEXANDER, BADON, and regulations requiring that every school bus used in the BARROW, CHANDLER, DANIEL, DOWNS, ELBERT GUILLORY, transportation of students be equipped with a crossing control HONEY, KENNEY, MCDONALD, MONTGOMERY, M. POWELL, T. device by a specified date; and to provide for related matters. POWELL, RITCHIE, TRAHAN, AND WALKER AN ACT HOUSE BILL NO. 222— To amend and reenact R.S. 17:164.1(A), relative to requirements for BY REPRESENTATIVE JOHNS school bus crossing control devices; to provide that the State AN ACT Board of Elementary and Secondary Education shall adopt rules To amend and reenact R.S. 15:1152, 1153(A)(2), 1154(D) and (E), and regulations requiring that every school bus used in the 1157, 1158, 1159, and 1161(A), (B), and (D), relative to prison transportation of students be equipped with a crossing control enterprises; to authorize prison enterprises to provide products device by a specified date; and to provide for related matters. and services to public employees; to delete provisions requiring that products and services be provided at the cost to the The bill was read by title; lies over under the rules. department for providing the goods and services; to provide for a professional timber management consultant; to provide HOUSE BILL NO. 197— consultation relative to and concurrence in the development of BY REPRESENTATIVE TOOMY AND SENATOR SHEPHERD budgets regarding prison enterprises; to provide relative to sales AN ACT of goods and services; to authorize the use of inmate labor in To amend and reenact R.S. 27:93(A)(4)(a), relative to riverboat maintaining existing production and service facilities; to provide admission fees levied by Jefferson Parish; to provide for the use relative to proceeds of sales; to provide relative to sales of of such fees in the incorporated areas of the West Bank of livestock breeding services and fees charged for services; and to Jefferson Parish for specified purposes; to provide for an provide for related matters. effective date; and to provide for related matters. HOUSE BILL NO. 288— The bill was read by title; lies over under the rules. BY REPRESENTATIVE ODINET AN ACT HOUSE BILL NO. 222— To enact R.S. 40:2266.1.1, relative to the Acadiana Criminalistics BY REPRESENTATIVE JOHNS Laboratory Commission, the North Louisiana Criminalistics AN ACT Laboratory Commission, the Southeast Louisiana Regional To amend and reenact R.S. 15:1152, 1153(A)(2), 1154(D) and (E), Criminalistics Laboratory Commission, and any other 1157, 1158, 1159, and 1161(A), (B), and (D), relative to prison criminalistics laboratory commission; to provide for the enterprises; to authorize prison enterprises to provide products collection of fees for certain criminal violations; to provide for and services to public employees; to delete provisions requiring a fee schedule for criminal violations; to provide for collection that products and services be provided at the cost to the

366 16th DAY'S PROCEEDINGS Page 5 SENATE May 29, 2007

department for providing the goods and services; to provide for HOUSE BILL NO. 429— a professional timber management consultant; to provide BY REPRESENTATIVE M. POWELL consultation relative to and concurrence in the development of AN ACT budgets regarding prison enterprises; to provide relative to sales To enact R.S. 17:154.5 and 3996(B)(21), relative to school schedules; of goods and services; to authorize the use of inmate labor in to require that public elementary and secondary schools be maintaining existing production and service facilities; to provide closed on certain election dates; to provide exceptions; to relative to proceeds of sales; to provide relative to sales of provide applicability to charter schools; to provide for livestock breeding services and fees charged for services; and to implementation; to provide an effective date; and to provide for provide for related matters. related matters. The bill was read by title; lies over under the rules. The bill was read by title; lies over under the rules. HOUSE BILL NO. 238— HOUSE BILL NO. 460— BY REPRESENTATIVE WOOTON BY REPRESENTATIVE MICKEY GUILLORY AN ACT AN ACT To amend and reenact R.S. 27:29.3(A), relative to non-gaming To amend and reenact R.S. 14:67.16(C)(1)(b), (2)(b), (3)(b), and supplier permits; to increase the amount of business a supplier (4)(b) and to enact R.S. 14:67.16(C)(1)(c), (2)(c), (3)(c), and of non-gaming goods and services must conduct with certain (4)(c), relative to identity theft; to increase penalties for the gaming licensees to require the issuance of a non-gaming crime of identity theft when the victim is sixty years of age or supplier permit; to provide for the adoption of rules for reporting older, under the age of seventeen, or disabled; and to provide for by certain suppliers; and to provide for related matters. related matters. The bill was read by title; lies over under the rules. The bill was read by title; lies over under the rules. HOUSE BILL NO. 277— HOUSE BILL NO. 519— BY REPRESENTATIVE BOWLER BY REPRESENTATIVES ELCIE GUILLORY AND GRAY AN ACT AN ACT To amend and reenact R.S. 32:861(A)(1), relative to compulsory To enact R.S. 14:35.3(B)(3) and (L), relative to domestic abuse motor vehicle liability security; to exempt certain motor vehicles battery; to provide for criminal penalties for domestic abuse from required coverage; and to provide for related matters. battery when the battery involves strangulation; to provide for definitions; and to provide for related matters. The bill was read by title; lies over under the rules. The bill was read by title; lies over under the rules. HOUSE BILL NO. 288— BY REPRESENTATIVE ODINET HOUSE BILL NO. 599— AN ACT BY REPRESENTATIVES WADDELL AND FRITH To enact R.S. 40:2266.1.1, relative to the Acadiana Criminalistics AN ACT Laboratory Commission, the North Louisiana Criminalistics To amend and reenact R.S. 56:116(C), relative to hunting deer; to Laboratory Commission, the Southeast Louisiana Regional define primitive firearms that may be used during the special Criminalistics Laboratory Commission, and any other hunting seasons for muzzleloaders; and to provide for related criminalistics laboratory commission; to provide for the matters. collection of fees for certain criminal violations; to provide for a fee schedule for criminal violations; to provide for collection The bill was read by title; lies over under the rules. of the fees; to provide for the use of revenue derived from the fees; and to provide for related matters. HOUSE BILL NO. 613— BY REPRESENTATIVE DORSEY AN ACT The bill was read by title; lies over under the rules. To enact R.S. 27:93(A)(10), relative to riverboat admission fees; to HOUSE BILL NO. 294— authorize the local governing authority in East Baton Rouge BY REPRESENTATIVE CHANDLER Parish where riverboats are berthed to levy a fee based on AN ACT monthly net gaming proceeds in lieu of admission fees; to To amend and reenact R.S. 15:1105.1(A)(introductory paragraph), provide for the establishment of the amount of the fee by 1105.3(B), and 1105.5(B), relative to the Central Louisiana contract; and to provide for related matters. Juvenile Detention Center Authority; to change the name of the authority to the Central Louisiana Youth Authority; to remove The bill was read by title; lies over under the rules. the requirement that the board of commissioners meetings be held at the domicile of the board; and to provide for related HOUSE BILL NO. 614— BY REPRESENTATIVES BEARD AND SCALISE matters. AN ACT To enact R.S. 14:32.9, relative to partial birth abortion; to prohibit The bill was read by title; lies over under the rules. partial birth abortion; to provide for criminal penalties; to HOUSE BILL NO. 397— provide for a civil action for damages; to provide for a medical BY REPRESENTATIVE SMILEY review of the conduct of the physician; to provide for AN ACT definitions; to provide for an effective date; and to provide for To enact R.S. 56:109.3, relative to deer hunting; to provide relative related matters. to the taking of deer in the Maurepas Swamp Wildlife Management Area; to authorize the use of dogs during a portion The bill was read by title; lies over under the rules. of the open season; and to provide for related matters. HOUSE BILL NO. 632— BY REPRESENTATIVE STRAIN The bill was read by title; lies over under the rules. AN ACT To enact R.S. 40:2183(E), relative to hospices; to place an eighteen- month moratorium on the issuance of hospice licenses; to exempt certain facilities from the moratorium; and to provide for related matters.

367 Page 6 SENATE 16th DAY'S PROCEEDINGS May 29, 2007

The bill was read by title; lies over under the rules. A CONCURRENT RESOLUTION To commend posthumously Reverend Avery Alexander, a founding HOUSE BILL NO. 645— member of the Louisiana Legislative Black Caucus, upon the BY REPRESENTATIVE ELBERT GUILLORY celebration of the thirtieth anniversary of the caucus. AN ACT To enact R.S. 15:828.3, relative to the Department of Public Safety HOUSE CONCURRENT RESOLUTION NO. 140— and Corrections; to create the Prison Substance Abuse and BY REPRESENTATIVES RICHMOND, BADON, BARROW, BAYLOR, Rehabilitation Pilot Program; to provide for definitions; to BURRELL, K. CARTER, CURTIS, DORSEY, GALLOT, GRAY, ELBERT GUILLORY, ELCIE GUILLORY, HARRIS, HONEY, HUNTER, JACKSON, provide for implementation of the program; to provide with JEFFERSON, LAFONTA, MARCHAND, MORRELL, PIERRE, QUEZAIRE, respect to services offered by the program; and to provide for AND WILLIAMS AND SENATORS BAJOIE, BROOME, CRAVINS, related matters. DUPLESSIS, FIELDS, JACKSON, JONES, MURRAY, AND SHEPHERD A CONCURRENT RESOLUTION The bill was read by title; lies over under the rules. To commend Thomas Jasper, a founding member of the Louisiana Legislative Black Caucus, upon the celebration of the thirtieth HOUSE BILL NO. 682— anniversary of the caucus. BY REPRESENTATIVES JOHNS AND LAFLEUR AN ACT HOUSE CONCURRENT RESOLUTION NO. 141— To amend and reenact R.S. 37:1041(C)(2)(a), relative to the practice BY REPRESENTATIVES RICHMOND, BADON, BARROW, BAYLOR, BURRELL, K. CARTER, CURTIS, DORSEY, GALLOT, GRAY, ELBERT of optometry; to provide for the definition of diagnostic and GUILLORY, ELCIE GUILLORY, HARRIS, HONEY, HUNTER, JACKSON, therapeutic pharmaceutical agent; and to provide for related JEFFERSON, LAFONTA, MARCHAND, MORRELL, PIERRE, QUEZAIRE, matters. AND WILLIAMS AND SENATORS BROOME, CRAVINS, DUPLESSIS, FIELDS, JACKSON, JONES, MURRAY, AND SHEPHERD The bill was read by title; lies over under the rules. A CONCURRENT RESOLUTION To commend Senator Diana E. Bajoie, a founding member of the Louisiana Legislative Black Caucus, upon the celebration of the Messages from the House thirtieth anniversary of the caucus. The following Messages from the House were received and read HOUSE CONCURRENT RESOLUTION NO. 142— as follows: BY REPRESENTATIVES RICHMOND, BADON, BARROW, BAYLOR, BURRELL, K. CARTER, CURTIS, DORSEY, GALLOT, GRAY, ELBERT GUILLORY, ELCIE GUILLORY, HARRIS, HONEY, HUNTER, JACKSON, Message from the House JEFFERSON, LAFONTA, MARCHAND, MORRELL, PIERRE, QUEZAIRE, AND WILLIAMS AND SENATORS BAJOIE, BROOME, CRAVINS, ASKING CONCURRENCE IN DUPLESSIS, FIELDS, JACKSON, JONES, MURRAY, AND SHEPHERD HOUSE CONCURRENT RESOLUTIONS A CONCURRENT RESOLUTION To commend Louis Charbonnet III, a founding member of the May 24, 2007 Louisiana Legislative Black Caucus, upon the celebration of the thirtieth anniversary of the caucus. To the Honorable President and Members of the Senate: HOUSE CONCURRENT RESOLUTION NO. 143— BY REPRESENTATIVES RICHMOND, BADON, BARROW, BAYLOR, I am directed to inform your honorable body that the House of BURRELL, K. CARTER, CURTIS, DORSEY, GALLOT, GRAY, ELBERT Representatives has finally passed and asks your concurrence in the GUILLORY, ELCIE GUILLORY, HARRIS, HONEY, HUNTER, JACKSON, following House Concurrent Resolutions: JEFFERSON, LAFONTA, MARCHAND, MORRELL, PIERRE, QUEZAIRE, AND WILLIAMS AND SENATORS BAJOIE, BROOME, CRAVINS, DUPLESSIS, FIELDS, JACKSON, JONES, MURRAY, AND SHEPHERD HOUSE CONCURRENT RESOLUTION NO. 135— A CONCURRENT RESOLUTION BY REPRESENTATIVE TRAHAN A CONCURRENT RESOLUTION To commend Johnny Jackson, Jr., a founding member of the To urge and request the thirteen state and statewide public retirement Louisiana Legislative Black Caucus, upon the celebration of the systems to meet voluntarily on at least a semi-annual basis to thirtieth anniversary of the caucus. share and discuss investment strategies. HOUSE CONCURRENT RESOLUTION NO. 144— BY REPRESENTATIVES RICHMOND, BADON, BARROW, BAYLOR, HOUSE CONCURRENT RESOLUTION NO. 136— BURRELL, K. CARTER, CURTIS, DORSEY, GALLOT, GRAY, ELBERT BY REPRESENTATIVE WALSWORTH GUILLORY, ELCIE GUILLORY, HARRIS, HONEY, HUNTER, JACKSON, A CONCURRENT RESOLUTION JEFFERSON, LAFONTA, MARCHAND, MORRELL, PIERRE, QUEZAIRE, AND WILLIAMS AND SENATORS BAJOIE, BROOME, CRAVINS, To commend Dr. James N. Stafford upon his service as a member of DUPLESSIS, FIELDS, JACKSON, JONES, MURRAY, AND SHEPHERD the State Board of Elementary and Secondary Education for five A CONCURRENT RESOLUTION terms, to recognize and record his myriad accomplishments and To commend Joseph Delpit, a founding member of the Louisiana his remarkable contributions to the field of education, and to Legislative Black Caucus, upon the celebration of the thirtieth recognize May 31, 2007, as James N. Stafford Day. anniversary of the caucus. HOUSE CONCURRENT RESOLUTION NO. 138— HOUSE CONCURRENT RESOLUTION NO. 145— BY REPRESENTATIVE DANIEL BY REPRESENTATIVES RICHMOND, BADON, BARROW, BAYLOR, A CONCURRENT RESOLUTION BURRELL, K. CARTER, CURTIS, DORSEY, GALLOT, GRAY, ELBERT To commend the Republic of China (Taiwan) for its close economic GUILLORY, ELCIE GUILLORY, HARRIS, HONEY, HUNTER, JACKSON, JEFFERSON, LAFONTA, MARCHAND, MORRELL, PIERRE, QUEZAIRE, and business ties with the state of Louisiana and to urge and AND WILLIAMS AND SENATORS BAJOIE, BROOME, CRAVINS, request the president of the United States to direct the United DUPLESSIS, FIELDS, JACKSON, JONES, MURRAY, AND SHEPHERD States trade representative to negotiate a free trade agreement A CONCURRENT RESOLUTION between the United States and Taiwan. To commend posthumously Nick Connor, a founding member of the Louisiana Legislative Black Caucus, upon the celebration of the HOUSE CONCURRENT RESOLUTION NO. 139— thirtieth anniversary of the caucus. BY REPRESENTATIVES RICHMOND, BADON, BARROW, BAYLOR, BURRELL, K. CARTER, CURTIS, DORSEY, GALLOT, GRAY, ELBERT GUILLORY, ELCIE GUILLORY, HARRIS, HONEY, HUNTER, JACKSON, HOUSE CONCURRENT RESOLUTION NO. 146— JEFFERSON, LAFONTA, MARCHAND, MORRELL, PIERRE, QUEZAIRE, BY REPRESENTATIVES RICHMOND, BADON, BARROW, BAYLOR, AND WILLIAMS AND SENATORS BAJOIE, BROOME, CRAVINS, BURRELL, K. CARTER, CURTIS, DORSEY, GALLOT, GRAY, ELBERT DUPLESSIS, FIELDS, JACKSON, JONES, MURRAY, AND SHEPHERD GUILLORY, ELCIE GUILLORY, HARRIS, HONEY, HUNTER, JACKSON, JEFFERSON, LAFONTA, MARCHAND, MORRELL, PIERRE, QUEZAIRE, AND WILLIAMS AND SENATORS BAJOIE, BROOME, CRAVINS, DUPLESSIS, FIELDS, JACKSON, JONES, MURRAY, AND SHEPHERD

368 16th DAY'S PROCEEDINGS Page 7 SENATE May 29, 2007

A CONCURRENT RESOLUTION The resolution was read by title. Senator Barham moved to To commend Sidney Barthelemy, a founding member of the concur in the House Concurrent Resolution. Louisiana Legislative Black Caucus, upon the celebration of the thirtieth anniversary of the caucus. ROLL CALL HOUSE CONCURRENT RESOLUTION NO. 147— The roll was called with the following result: BY REPRESENTATIVES RICHMOND, BADON, BARROW, BAYLOR, BURRELL, K. CARTER, CURTIS, DORSEY, GALLOT, GRAY, ELBERT GUILLORY, ELCIE GUILLORY, HARRIS, HONEY, HUNTER, JACKSON, YEAS JEFFERSON, LAFONTA, MARCHAND, MORRELL, PIERRE, QUEZAIRE, AND WILLIAMS AND SENATORS BAJOIE, BROOME, CRAVINS, DUPLESSIS, FIELDS, JACKSON, JONES, MURRAY, AND SHEPHERD Mr President Cheek Murray A CONCURRENT RESOLUTION Adley Dupre Nevers To commend Alphonse Jackson, Jr., a founding member of the Amedee Gautreaux B Quinn Louisiana Legislative Black Caucus, upon the celebration of the Bajoie Gautreaux N Romero thirtieth anniversary of the caucus. Barham Kostelka Smith Broome Lentini Theunissen HOUSE CONCURRENT RESOLUTION NO. 148— Cain Malone Ullo BY REPRESENTATIVES RICHMOND, BADON, BARROW, BAYLOR, Cassidy McPherson BURRELL, K. CARTER, CURTIS, DORSEY, GALLOT, GRAY, ELBERT Chaisson Mount GUILLORY, ELCIE GUILLORY, HARRIS, HONEY, HUNTER, JACKSON, JEFFERSON, LAFONTA, MARCHAND, MORRELL, PIERRE, QUEZAIRE, Total - 25 AND WILLIAMS AND SENATORS BAJOIE, BROOME, CRAVINS, NAYS DUPLESSIS, FIELDS, JACKSON, JONES, MURRAY, AND SHEPHERD A CONCURRENT RESOLUTION Total - 0 To commend Richard Turnley, Jr., a founding member of the ABSENT Louisiana Legislative Black Caucus, upon the celebration of the thirtieth anniversary of the caucus. Boasso Fontenot Marionneaux Cravins Heitmeier Michot HOUSE CONCURRENT RESOLUTION NO. 149— Duplessis Hollis Schedler BY REPRESENTATIVE BADON Ellington Jackson Shepherd A CONCURRENT RESOLUTION Fields Jones To urge and request the governor, the Saints organization, and the Total - 14 Louisiana Department of Economic Development to study and consider selecting the site of Plaza Mall in New Orleans East as The Chair declared the Senate had concurred in the House the site for a new stadium and practice facility for the New Concurrent Resolution and ordered it returned to the House. Orleans Saints. HOUSE CONCURRENT RESOLUTION NO. 138— HOUSE CONCURRENT RESOLUTION NO. 150— BY REPRESENTATIVE DANIEL BY REPRESENTATIVE GALLOT AND SENATOR KOSTELKA A CONCURRENT RESOLUTION A CONCURRENT RESOLUTION To commend the Republic of China (Taiwan) for its close economic To record and acknowledge the extraordinary accomplishments and and business ties with the state of Louisiana and to urge and singular contributions of Frederick C. Hobdy, former head request the president of the United States to direct the United basketball coach and athletic director at Grambling State States trade representative to negotiate a free trade agreement University, and to urge and request Grambling State University between the United States and Taiwan. and the University of Louisiana System to recognize his accomplishments and contributions and consider naming the On motion of Senator Bajoie, the resolution was read by title university's assembly center in his honor. and referred to the Committee on Commerce, Consumer Protection, and International Affairs. Respectfully submitted, ALFRED W. SPEER HOUSE CONCURRENT RESOLUTION NO. 139— Clerk of the House of Representatives BY REPRESENTATIVES RICHMOND, BADON, BARROW, BAYLOR, BURRELL, K. CARTER, CURTIS, DORSEY, GALLOT, GRAY, ELBERT GUILLORY, ELCIE GUILLORY, HARRIS, HONEY, HUNTER, JACKSON, House Concurrent Resolutions JEFFERSON, LAFONTA, MARCHAND, MORRELL, PIERRE, QUEZAIRE, AND WILLIAMS AND SENATORS BAJOIE, BROOME, CRAVINS, Senator Bajoie asked for and obtained a suspension of the rules DUPLESSIS, FIELDS, JACKSON, JONES, MURRAY, AND SHEPHERD to take up at this time the following House Concurrent Resolutions A CONCURRENT RESOLUTION just received from the House which were taken up, read a first and To commend posthumously Reverend Avery Alexander, a founding second time by their titles and acted upon as follows: member of the Louisiana Legislative Black Caucus, upon the celebration of the thirtieth anniversary of the caucus. HOUSE CONCURRENT RESOLUTION NO. 135— BY REPRESENTATIVE TRAHAN The resolution was read by title. Senator Murray moved to A CONCURRENT RESOLUTION concur in the House Concurrent Resolution. To urge and request the thirteen state and statewide public retirement systems to meet voluntarily on at least a semi-annual basis to ROLL CALL share and discuss investment strategies. The roll was called with the following result: On motion of Senator Bajoie, the resolution was read by title and referred to the Committee on Retirement. YEAS HOUSE CONCURRENT RESOLUTION NO. 136— Mr President Cheek Mount BY REPRESENTATIVE WALSWORTH Adley Duplessis Murray A CONCURRENT RESOLUTION Amedee Dupre Nevers To commend Dr. James N. Stafford upon his service as a member of Bajoie Gautreaux B Quinn the State Board of Elementary and Secondary Education for five Barham Gautreaux N Romero terms, to recognize and record his myriad accomplishments and Broome Kostelka Smith his remarkable contributions to the field of education, and to Cain Lentini Theunissen recognize May 31, 2007, as James N. Stafford Day.

369 Page 8 SENATE 16th DAY'S PROCEEDINGS May 29, 2007

Cassidy Malone Ullo The resolution was read by title. Senator Murray moved to Chaisson McPherson concur in the House Concurrent Resolution. Total - 26 NAYS ROLL CALL Total - 0 The roll was called with the following result: ABSENT YEAS Boasso Heitmeier Michot Cravins Hollis Schedler Mr President Cheek McPherson Ellington Jackson Shepherd Adley Duplessis Mount Fields Jones Amedee Dupre Murray Fontenot Marionneaux Bajoie Fields Nevers Total - 13 Barham Gautreaux B Quinn Broome Gautreaux N Romero The Chair declared the Senate had concurred in the House Cain Kostelka Smith Concurrent Resolution and ordered it returned to the House. Cassidy Lentini Theunissen Chaisson Malone Ullo HOUSE CONCURRENT RESOLUTION NO. 140— Total - 27 BY REPRESENTATIVES RICHMOND, BADON, BARROW, BAYLOR, BURRELL, K. CARTER, CURTIS, DORSEY, GALLOT, GRAY, ELBERT NAYS GUILLORY, ELCIE GUILLORY, HARRIS, HONEY, HUNTER, JACKSON, JEFFERSON, LAFONTA, MARCHAND, MORRELL, PIERRE, QUEZAIRE, Total - 0 AND WILLIAMS AND SENATORS BAJOIE, BROOME, CRAVINS, DUPLESSIS, FIELDS, JACKSON, JONES, MURRAY, AND SHEPHERD ABSENT A CONCURRENT RESOLUTION To commend Thomas Jasper, a founding member of the Louisiana Boasso Heitmeier Marionneaux Legislative Black Caucus, upon the celebration of the thirtieth Cravins Hollis Michot anniversary of the caucus. Ellington Jackson Schedler Fontenot Jones Shepherd The resolution was read by title. Senator Murray moved to Total - 12 concur 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. 142— The roll was called with the following result: BY REPRESENTATIVES RICHMOND, BADON, BARROW, BAYLOR, BURRELL, K. CARTER, CURTIS, DORSEY, GALLOT, GRAY, ELBERT YEAS GUILLORY, ELCIE GUILLORY, HARRIS, HONEY, HUNTER, JACKSON, JEFFERSON, LAFONTA, MARCHAND, MORRELL, PIERRE, QUEZAIRE, AND WILLIAMS AND SENATORS BAJOIE, BROOME, CRAVINS, Mr President Cheek Mount DUPLESSIS, FIELDS, JACKSON, JONES, MURRAY, AND SHEPHERD Adley Duplessis Murray A CONCURRENT RESOLUTION Amedee Dupre Nevers To commend Louis Charbonnet III, a founding member of the Bajoie Gautreaux B Quinn Louisiana Legislative Black Caucus, upon the celebration of the Barham Gautreaux N Romero thirtieth anniversary of the caucus. Broome Kostelka Smith Cain Lentini Theunissen The resolution was read by title. Senator Murray moved to Cassidy Malone Ullo concur in the House Concurrent Resolution. Chaisson McPherson Total - 26 ROLL CALL NAYS The roll was called with the following result: Total - 0 ABSENT YEAS Boasso Heitmeier Michot Mr President Duplessis Marionneaux Cravins Hollis Schedler Adley Dupre McPherson Ellington Jackson Shepherd Amedee Fields Mount Fields Jones Bajoie Gautreaux B Murray Fontenot Marionneaux Barham Gautreaux N Nevers Total - 13 Broome Jackson Quinn Cain Jones Romero The Chair declared the Senate had concurred in the House Cassidy Kostelka Smith Concurrent Resolution and ordered it returned to the House. Chaisson Lentini Theunissen Cheek Malone Ullo HOUSE CONCURRENT RESOLUTION NO. 141— Total - 30 BY REPRESENTATIVES RICHMOND, BADON, BARROW, BAYLOR, BURRELL, K. CARTER, CURTIS, DORSEY, GALLOT, GRAY, ELBERT NAYS GUILLORY, ELCIE GUILLORY, HARRIS, HONEY, HUNTER, JACKSON, JEFFERSON, LAFONTA, MARCHAND, MORRELL, PIERRE, QUEZAIRE, Total - 0 AND WILLIAMS AND SENATORS BROOME, CRAVINS, DUPLESSIS, FIELDS, JACKSON, JONES, MURRAY, AND SHEPHERD ABSENT A CONCURRENT RESOLUTION To commend Senator Diana E. Bajoie, a founding member of the Boasso Fontenot Michot Louisiana Legislative Black Caucus, upon the celebration of the Cravins Heitmeier Schedler thirtieth anniversary of the caucus. Ellington Hollis Shepherd Total - 9

370 16th DAY'S PROCEEDINGS Page 9 SENATE May 29, 2007

The Chair declared the Senate had concurred in the House Cain Kostelka Smith Concurrent Resolution and ordered it returned to the House. Cassidy Lentini Theunissen Chaisson Malone Ullo HOUSE CONCURRENT RESOLUTION NO. 143— Cheek Marionneaux BY REPRESENTATIVES RICHMOND, BADON, BARROW, BAYLOR, Duplessis McPherson BURRELL, K. CARTER, CURTIS, DORSEY, GALLOT, GRAY, ELBERT GUILLORY, ELCIE GUILLORY, HARRIS, HONEY, HUNTER, JACKSON, Total - 31 JEFFERSON, LAFONTA, MARCHAND, MORRELL, PIERRE, QUEZAIRE, NAYS AND WILLIAMS AND SENATORS BAJOIE, BROOME, CRAVINS, DUPLESSIS, FIELDS, JACKSON, JONES, MURRAY, AND SHEPHERD Total - 0 A CONCURRENT RESOLUTION ABSENT To commend Johnny Jackson, Jr., a founding member of the Louisiana Legislative Black Caucus, upon the celebration of the Boasso Fontenot Schedler thirtieth anniversary of the caucus. Cravins Heitmeier Shepherd Ellington Hollis The resolution was read by title. Senator Murray moved to Total - 8 concur 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. The roll was called with the following result: HOUSE CONCURRENT RESOLUTION NO. 145— BY REPRESENTATIVES RICHMOND, BADON, BARROW, BAYLOR, YEAS BURRELL, K. CARTER, CURTIS, DORSEY, GALLOT, GRAY, ELBERT GUILLORY, ELCIE GUILLORY, HARRIS, HONEY, HUNTER, JACKSON, JEFFERSON, LAFONTA, MARCHAND, MORRELL, PIERRE, QUEZAIRE, Mr President Duplessis McPherson AND WILLIAMS AND SENATORS BAJOIE, BROOME, CRAVINS, Adley Dupre Michot DUPLESSIS, FIELDS, JACKSON, JONES, MURRAY, AND SHEPHERD Amedee Fields Mount A CONCURRENT RESOLUTION Bajoie Gautreaux B Murray To commend posthumously Nick Connor, a founding member of the Barham Gautreaux N Nevers Louisiana Legislative Black Caucus, upon the celebration of the Broome Jackson Quinn thirtieth anniversary of the caucus. Cain Jones Romero Cassidy Kostelka Smith The resolution was read by title. Senator Bajoie moved to Chaisson Lentini Theunissen concur in the House Concurrent Resolution. Cheek Malone Ullo Total - 30 ROLL CALL NAYS The roll was called with the following result: Total - 0 ABSENT YEAS Boasso Fontenot Marionneaux Mr President Dupre McPherson Cravins Heitmeier Schedler Adley Fields Michot Ellington Hollis Shepherd Amedee Gautreaux B Mount Total - 9 Bajoie Gautreaux N Murray Barham Hollis Nevers The Chair declared the Senate had concurred in the House Broome Jackson Quinn Concurrent Resolution and ordered it returned to the House. Cain Jones Romero Cassidy Kostelka Smith Senator N. Gautreaux in the Chair Chaisson Lentini Theunissen Cheek Malone Ullo HOUSE CONCURRENT RESOLUTION NO. 144— Duplessis Marionneaux BY REPRESENTATIVES RICHMOND, BADON, BARROW, BAYLOR, Total - 32 BURRELL, K. CARTER, CURTIS, DORSEY, GALLOT, GRAY, ELBERT NAYS GUILLORY, ELCIE GUILLORY, HARRIS, HONEY, HUNTER, JACKSON, JEFFERSON, LAFONTA, MARCHAND, MORRELL, PIERRE, QUEZAIRE, AND WILLIAMS AND SENATORS BAJOIE, BROOME, CRAVINS, Total - 0 DUPLESSIS, FIELDS, JACKSON, JONES, MURRAY, AND SHEPHERD ABSENT A CONCURRENT RESOLUTION To commend Joseph Delpit, a founding member of the Louisiana Boasso Fontenot Shepherd Legislative Black Caucus, upon the celebration of the thirtieth Cravins Heitmeier anniversary of the caucus. Ellington Schedler Total - 7 The resolution was read by title. Senator Bajoie 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. 146— The roll was called with the following result: BY REPRESENTATIVES RICHMOND, BADON, BARROW, BAYLOR, BURRELL, K. CARTER, CURTIS, DORSEY, GALLOT, GRAY, ELBERT GUILLORY, ELCIE GUILLORY, HARRIS, HONEY, HUNTER, JACKSON, YEAS JEFFERSON, LAFONTA, MARCHAND, MORRELL, PIERRE, QUEZAIRE, AND WILLIAMS AND SENATORS BAJOIE, BROOME, CRAVINS, Mr President Dupre Michot DUPLESSIS, FIELDS, JACKSON, JONES, MURRAY, AND SHEPHERD Adley Fields Mount A CONCURRENT RESOLUTION Amedee Gautreaux B Murray To commend Sidney Barthelemy, a founding member of the Bajoie Gautreaux N Nevers Louisiana Legislative Black Caucus, upon the celebration of the Barham Jackson Quinn thirtieth anniversary of the caucus. Broome Jones Romero

371 Page 10 SENATE 16th DAY'S PROCEEDINGS May 29, 2007

The resolution was read by title. Senator Bajoie moved to ABSENT concur in the House Concurrent Resolution. Boasso Fontenot Schedler ROLL CALL Ellington Heitmeier Total - 5 The roll was called with the following result: The Chair declared the Senate had concurred in the House YEAS Concurrent Resolution and ordered it returned to the House. Mr President Dupre Michot HOUSE CONCURRENT RESOLUTION NO. 148— BY REPRESENTATIVES RICHMOND, BADON, BARROW, BAYLOR, Adley Fields Mount BURRELL, K. CARTER, CURTIS, DORSEY, GALLOT, GRAY, ELBERT Amedee Gautreaux B Murray GUILLORY, ELCIE GUILLORY, HARRIS, HONEY, HUNTER, JACKSON, Bajoie Gautreaux N Nevers JEFFERSON, LAFONTA, MARCHAND, MORRELL, PIERRE, QUEZAIRE, AND WILLIAMS AND SENATORS BAJOIE, BROOME, CRAVINS, Barham Hollis Quinn DUPLESSIS, FIELDS, JACKSON, JONES, MURRAY, AND SHEPHERD Broome Jackson Romero A CONCURRENT RESOLUTION Cain Jones Shepherd To commend Richard Turnley, Jr., a founding member of the Cassidy Kostelka Smith Louisiana Legislative Black Caucus, upon the celebration of the Chaisson Lentini Theunissen thirtieth anniversary of the caucus. Cheek Malone Ullo Cravins Marionneaux The resolution was read by title. Senator Bajoie moved to Duplessis McPherson concur in the House Concurrent Resolution. Total - 34 NAYS ROLL CALL Total - 0 ABSENT The roll was called with the following result: Boasso Fontenot Schedler YEAS Ellington Heitmeier Total - 5 Mr President Dupre Michot Adley Fields Mount The Chair declared the Senate had concurred in the House Amedee Gautreaux B Murray Concurrent Resolution and ordered it returned to the House. Bajoie Gautreaux N Nevers Barham Hollis Quinn HOUSE CONCURRENT RESOLUTION NO. 147— Broome Jackson Romero BY REPRESENTATIVES RICHMOND, BADON, BARROW, BAYLOR, Cain Jones Shepherd BURRELL, K. CARTER, CURTIS, DORSEY, GALLOT, GRAY, ELBERT Cassidy Kostelka Smith GUILLORY, ELCIE GUILLORY, HARRIS, HONEY, HUNTER, JACKSON, Chaisson Lentini Theunissen JEFFERSON, LAFONTA, MARCHAND, MORRELL, PIERRE, QUEZAIRE, AND WILLIAMS AND SENATORS BAJOIE, BROOME, CRAVINS, Cheek Malone Ullo DUPLESSIS, FIELDS, JACKSON, JONES, MURRAY, AND SHEPHERD Cravins Marionneaux A CONCURRENT RESOLUTION Duplessis McPherson To commend Alphonse Jackson, Jr., a founding member of the Total - 34 Louisiana Legislative Black Caucus, upon the celebration of the NAYS thirtieth anniversary of the caucus. Total - 0 The resolution was read by title. Senator Bajoie moved to ABSENT concur in the House Concurrent Resolution. Boasso Fontenot Schedler ROLL CALL Ellington Heitmeier Total - 5 The roll was called with the following result: The Chair declared the Senate had concurred in the House YEAS Concurrent Resolution and ordered it returned to the House. Mr President Dupre Michot HOUSE CONCURRENT RESOLUTION NO. 149— Adley Fields Mount BY REPRESENTATIVE BADON Amedee Gautreaux B Murray A CONCURRENT RESOLUTION Bajoie Gautreaux N Nevers To urge and request the governor, the Saints organization, and the Barham Hollis Quinn Louisiana Department of Economic Development to study and Broome Jackson Romero consider selecting the site of Plaza Mall in New Orleans East as Cain Jones Shepherd the site for a new stadium and practice facility for the New Cassidy Kostelka Smith Orleans Saints. Chaisson Lentini Theunissen Cheek Malone Ullo On motion of Senator Bajoie, the resolution was read by title Cravins Marionneaux and referred to the Committee on Commerce, Consumer Protection, Duplessis McPherson and International Affairs. Total - 34 HOUSE CONCURRENT RESOLUTION NO. 150— NAYS BY REPRESENTATIVE GALLOT AND SENATOR KOSTELKA A CONCURRENT RESOLUTION Total - 0 To record and acknowledge the extraordinary accomplishments and singular contributions of Frederick C. Hobdy, former head basketball coach and athletic director at Grambling State University, and to urge and request Grambling State University and the University of Louisiana System to recognize his

372 16th DAY'S PROCEEDINGS Page 11 SENATE May 29, 2007

accomplishments and contributions and consider naming the I am directed by your Committee on Transportation, Highways university's assembly center in his honor. and Public Works to submit the following report: The resolution was read by title. Senator Kostelka moved to SENATE BILL NO. 132— concur in the House Concurrent Resolution. BY SENATOR ADLEY AN ACT To amend and reenact R.S. 48:78, relative to the Transportation Trust ROLL CALL Fund; to prohibit the use of monies in the fund for the operational budget of the Department of Transportation and The roll was called with the following result: Development; to provide for an effective date; and to provide YEAS for related matters. Mr President Dupre McPherson Reported with amendments. Adley Ellington Michot SENATE BILL NO. 296— Amedee Fields Mount BY SENATOR MURRAY Bajoie Gautreaux B Murray AN ACT Barham Gautreaux N Nevers To repeal R.S. 38:225(B) and 301(C)(2)(e), relative to levees; to Broome Hollis Quinn repeal provision which allows for the removal of certain Cain Jackson Romero obstructions on levees at the expense of the owner; to repeal Cassidy Jones Shepherd provision which allows for discretionary compensation to such Chaisson Kostelka Smith land owners; and to provide for related matters. Cheek Lentini Theunissen Cravins Malone Ullo Reported favorably. Duplessis Marionneaux Total - 35 SENATE BILL NO. 310— NAYS BY SENATOR DUPLESSIS AND REPRESENTATIVE K. CARTER AN ACT Total - 0 To amend and reenact R.S. 38:281(9), 291(K)(1), 330.12(A), and ABSENT 336(A) and to enact R.S. 38:281(10), relative to the Orleans Levee District; to clarify and provide for the ownership and Boasso Heitmeier management of certain property of the district; to provide for an Fontenot Schedler effective date; and to provide for related matters. Total - 4 Reported favorably. The Chair declared the Senate had concurred in the House Concurrent Resolution and ordered it returned to the House. Respectfully submitted, NOBLE E. ELLINGTON Mr. President in the Chair Chairman House Bills and Joint Resolutions REPORT OF COMMITTEE ON on Second Reading to be Referred EDUCATION The following House Bills and Joint Resolutions were read by title and referred to committees as follows: Senator J. Chris Ullo, Chairman on behalf of the Committee on Education, submitted the following report: HOUSE BILL NO. 360— BY REPRESENTATIVE TOWNSEND May 24, 2007 AN ACT To amend and reenact R.S. 49:316.1(A)(2)(b) and (C), relative to To the President and Members of the Senate: contracts; to provide with respect to state contracts for the provision and processing of credit and debit cards or devices; to I am directed by your Committee on Education to submit the authorize certain contracts by public institutions of higher following report: education; and to provide for related matters. SENATE CONCURRENT RESOLUTION NO. 41— BY SENATORS N. GAUTREAUX, HINES, ADLEY, CAIN, CRAVINS, On motion of Senator Bajoie, the bill was read by title and MURRAY, NEVERS, ROMERO, SMITH AND THEUNISSEN referred to the Committee on Finance. A CONCURRENT RESOLUTION To urge and request the Board of Supervisors of Louisiana Reports of Committees Community and Technical Colleges to submit written quarterly reports to the Senate Select Committee on Vocational-Technical The following reports of committees were received and read: Education, the Senate Committee on Education, and the House Committee on Education regarding the progress made in REPORT OF COMMITTEE ON implementing the plan for regional coordination and support of the campuses comprising the Louisiana Technical College. TRANSPORTATION, HIGHWAYS AND PUBLIC WORKS Reported favorably. SENATE BILL NO. 84— Senator Noble E. Ellington, Chairman on behalf of the BY SENATOR BAJOIE Committee on Transportation, Highways and Public Works, AN ACT submitted the following report: To enact R.S. 17:10.5(C)(3), relative to elementary and secondary education; to provide with respect to school property under the May 24, 2007 control of the Recovery School District; to provide that the Recovery School District return certain school property to the To the President and Members of the Senate:

373 Page 12 SENATE 16th DAY'S PROCEEDINGS May 29, 2007

Orleans Parish School Board by July 1, 2008; and to provide for SENATE BILL NO. 175— related matters. BY SENATOR MURRAY AN ACT Reported by substitute. To enact R.S. 9:5625(G)(3), relative to prescription; to provide for the running of prescription to bring an action to enforce a zoning SENATE BILL NO. 154— restriction or regulation or violation thereof applicable to the BY SENATOR ULLO Vieux Carre section of the city of New Orleans; and to provide AN ACT for related matters. To enact R.S. 17:1990(B)(1)(c), relative to the Recovery School District; to provide that the district has the same authority to Reported favorably. procure services afforded to city, parish, or other local public school systems; and to provide for related matters. SENATE BILL NO. 232— BY SENATOR BAJOIE Reported with amendments. AN ACT To enact Chapter 3-F of Title 40 of the Louisiana Revised Statutes of SENATE BILL NO. 299— 1950, to be comprised of R.S. 40:600.71 through 600.74, BY SENATOR BROOME relative to housing counseling centers; to provide for definitions; AN ACT to provide for the functions of such centers; to provide for an To enact R.S. 17:7(26), relative to the duties, functions, and effective date; and to provide for related matters. responsibilities of the State Board of Elementary and Secondary Education; to require the State Board of Elementary and Reported with amendments. Secondary Education to develop, adopt, and provide for the implementation of a visual arts curriculum and a performing arts SENATE BILL NO. 233— curriculum in public schools; to provide implementation BY SENATOR CRAVINS timelines and requirements; to provide for the development of AN ACT certain curriculum guides; to provide relative to professional To enact R.S. 33:2740.67, relative to the hotel/motel occupancy tax; development and training; to require certain instruction in visual to provide for authorization of the city of Opelousas governing arts and performing arts; to provide for the adoption of rules and authority to levy and collect a hotel/motel occupancy tax within regulations; to provide relative to funding; and to provide for the city of Opelousas; to provide for the purposes for which the related matters. proceeds of the tax may be used; to provide for an effective date; and to provide for related matters. Reported with amendments. Reported with amendments. Respectfully submitted, J. CHRIS ULLO SENATE BILL NO. 234— BY SENATOR SMITH AND REPRESENTATIVES CHANDLER, FANNIN Chairman AND TOWNSEND AN ACT REPORT OF COMMITTEE ON To enact Subpart B-37 of Part IV of Chapter 1 of Title 33 of the Louisiana Revised Statutes of 1950, to be comprised of R.S. LOCAL AND MUNICIPAL AFFAIRS 33:130.731 through 130.739, relative to economic development; to create the Winn Parish Economic Development District; to Senator , Chairman on behalf of the Committee on provide for the territorial jurisdiction of the district; to provide Local and Municipal Affairs, submitted the following report: for a board of commissioners; to provide for employees of the district; to provide for the powers, duties, and functions of the May 24, 2007 district; to provide for obligations of the district; and to provide for related matters. To the President and Members of the Senate: Reported with amendments. I am directed by your Committee on Local and Municipal Affairs to submit the following report: SENATE BILL NO. 262— BY SENATOR ADLEY SENATE BILL NO. 16— AN ACT BY SENATOR SMITH AND REPRESENTATIVE CHANDLER To amend and reenact R.S. 45:301, relative to the La. Public Service AN ACT Commission; to prohibit the supply of natural gas to a local To amend and reenact R.S. 33:130.152(A), (B), (C), and (H), relative distributing system from being disconnected or shut-off without to the Grant Parish Economic Development District; to provide prior notice or opportunity for a hearing; authorizes the La. for membership of the board of commissioners; to provide for Public Service Commission to promulgate certain rules and removal from the board; to provide for quorum; to provide for regulations; and to provide for related matters. effective date; and to provide for related matters. Reported with amendments. Reported favorably. SENATE BILL NO. 300— SENATE BILL NO. 79— BY SENATOR MURRAY BY SENATOR THEUNISSEN AN ACT AN ACT To enact Part V of Chapter 16 of Title 25 of the Louisiana Revised To enact R.S. 33:4574 (F)(6) and 4574.1(R), relative to Jefferson Statute of 1950, comprised of R.S. 25:792 through 794, and to Davis Parish Tourist Commission; to provide for the authority enact R.S. 47:332.53, relative to Orleans Parish; to create the and composition of the commission; to provide for occupancy French Quarter-Marigny Historic Area Management District; to taxes levied by the commission; to provide for an effective date; provide relative to the purposes, governance, duties and and to provide for related matters. authority of the district; to provide relative to funds of the district; to provide for an effective date; and to provide for Reported with amendments. related matters. Reported by substitute.

374 16th DAY'S PROCEEDINGS Page 13 SENATE May 29, 2007

SENATE BILL NO. 318— SENATE BILL NO. 21— BY SENATOR SHEPHERD BY SENATOR SMITH AN ACT AN ACT To amend and reenact R.S. 38:330.12(A), (B), (C), and (D), and to To amend and reenact R.S. 3:4411(A), relative to the timber enact R.S. 38:330.12(F) and 346, relative to the management of severance tax; to increase the portion of the timber severance tax non-flood protection functions and activities of certain levee allocated to the state which is dedicated to the Forestry districts; to create the Greater New Orleans Economic Productivity Fund; and to provide for related matters. Development Authority; to provide for its membership; to provide for its powers, duties, and functions; to provide for the Reported favorably. transfer of operation, administration, and management authority of non-flood protection functions and activities of the Orleans SENATE BILL NO. 62— Levee District from the division of administration to the BY SENATORS AMEDEE, ADLEY, CHAISSON, CRAVINS, FONTENOT, N. GAUTREAUX, HINES, KOSTELKA, MCPHERSON AND MICHOT AND authority; to provide for effectiveness; and to provide for related REPRESENTATIVE FAUCHEUX matters. AN ACT To enact R.S. 47:6026, relative to tax credits; to authorize a Reported with amendments. procedure for granting a student career option tax credit against income and corporation franchise tax to certain businesses; and SENATE BILL NO. 338— to provide for related matters. BY SENATOR SCHEDLER AN ACT To amend and reenact Section 2.1(G)(1) and to enact Section 2.1(P) Reported with amendments. of Act No. 180 of the 1984 Regular Session of the Legislature, SENATE BILL NO. 68— as amended by Act No. 562 of the 2003 Regular Session of the BY SENATOR CASSIDY Legislature, Act No. 1214 of the 2003 Regular Session of the AN ACT Legislature, and Act No. 682 of the 2004 Regular Session of the To enact R.S. 47:6026, relative to tax credits; to provide for tax Legislature, relative to St. Tammany Parish Hospital Service credits for monetary contributions to certain public higher District No. 2; to provide for term limits; to provide relative to education institutions and associated foundations and alumni certain members of the board of commissioners; and to provide associations in support of academic programs; to provide for the for related matters. uses of such contributions; to provide for the transfer of the credits; to require the promulgation of rules and regulations; and Reported favorably. to provide for related matters. HOUSE BILL NO. 74— Reported with amendments. BY REPRESENTATIVES CROWE AND STRAIN AN ACT SENATE BILL NO. 135— To enact R.S. 33:1573.1, relative to the office of the coroner of St. BY SENATORS DUPLESSIS, LENTINI, MICHOT, MURRAY AND Tammany Parish; to provide relative to the receipt by the SHEPHERD AND REPRESENTATIVES RICHMOND AND K. CARTER coroner of certain ad valorem tax revenues; to provide relative AN ACT to a cooperative endeavor agreement between the parish and the To amend and reenact R.S. 47:6019(A)(1)(a) and (2)(a) and to repeal coroner; to provide for the powers and duties of the specified Section 3 of Act No. 60 of the 2002 Regular Session of the office of the coroner and the fiscal operation of the coroner's Legislature as amended by Act No. 12 of the 2004 First office; to provide for salaries; to provide for an annual report; Extraordinary Session of the Legislature, relative to the state and to provide for related matters. historic rehabilitation credit; to expand the applicability of the credit to certain structures; to remove the credit cap of five Reported favorably. million dollars; and to provide for related matters. Respectfully submitted, Reported with amendments. CLEO FIELDS Chairman SENATE BILL NO. 138— BY SENATOR FONTENOT REPORT OF COMMITTEE ON AN ACT To amend and reenact R.S. 47:6018, relative to tax credits; to grant REVENUE AND FISCAL AFFAIRS a refundable credit against income and corporate franchise tax for the purchase of certain items from certain contractors Senator Willie L. Mount, Chairman on behalf of the Committee employing inmate labor; and to provide for related matters. on Revenue and Fiscal Affairs, submitted the following report: Reported favorably. May 24, 2007 SENATE BILL NO. 155— BY SENATORS JACKSON, CHAISSON, HINES, MOUNT AND NEVERS To the President and Members of the Senate: AN ACT To amend and reenact R.S. 47:297.7 and to repeal R.S. 47:297(D), I am directed by your Committee on Revenue and Fiscal Affairs relative to the individual income tax; to provide for a child tax to submit the following report: credit; to repeal the education tax credit; and to provide for related matters. SENATE BILL NO. 12— BY SENATOR THEUNISSEN AN ACT Reported with amendments. To amend and reenact R.S. 47:301(8)(c), relative to state sales tax SENATE BILL NO. 188— exemptions for political subdivisions; to require the issuance of BY SENATORS DUPLESSIS, LENTINI, MICHOT, MURRAY AND an exemption identification number upon request by a political SHEPHERD AND REPRESENTATIVES RICHMOND AND K. CARTER subdivision; to authorize the promulgation of rules and AN ACT regulations; and to provide for related matters. To amend and reenact R.S. 47:6016, relative to the new markets tax credit; to define certain terms; to increase the amount of the Reported favorably. credit; to provide for carrying forward unused credits; to remove the credit cap of five million dollars; to provide for the transfer

375 Page 14 SENATE 16th DAY'S PROCEEDINGS May 29, 2007

or sale of the credit; to provide for the promulgation of rules and SENATE BILL NO. 332— regulations; to provide for effectiveness; and to provide for BY SENATOR NEVERS related matters. AN ACT To enact R.S. 47:6026, relative to tax credits; to authorize a Reported with amendments. procedure for granting apprenticeship tax credits against income and corporation franchise tax to certain employers; and to SENATE BILL NO. 218— provide for related matters. BY SENATORS MURRAY, BAJOIE AND SCHEDLER AND REPRESENTATIVE ARNOLD Reported with amendments. AN ACT To enact R.S. 47:6026, relative to income tax credits; to provide for SENATE BILL NO. 339— income tax credits related to musical or theatrical productions BY SENATOR FONTENOT and musical or theatrical facility infrastructure projects; and to AN ACT provide for related matters. To amend and reenact R. S. 47:6021(C)(1), (D), and (E)(5) and to enact R.S. 47:6021(I), relative to income tax credits; to provide Reported with amendments. relative to income tax credits for brownfields investors; to increase the percentage of investment eligible for credit; to SENATE BILL NO. 242— revise the application and approval process; to authorize the BY SENATOR BOASSO credits to be transferred; and to provide for related matters. AN ACT To enact R.S. 47:6026, relative to income tax credits; to provide for Reported with amendments. a refundable credit against state income taxes to certain taxpayers in the amount of the difference between the current SENATE BILL NO. 345— property and casualty insurance premium and the 2005 property BY SENATOR ROMERO and casualty insurance premium; to provide for an effective AN ACT date; and to provide for related matters. To enact R.S. 39:562(N), relative to the general obligation bonds limit of indebtedness; to provide for the limit of indebtedness of Reported favorably. parishes and any parish wide hurricane flood protection and drainage district for certain purposes; to provide certain terms SENATE BILL NO. 255— and conditions; and to provide for related matters. BY SENATOR HOLLIS AN ACT Reported favorably. To amend and reenact R.S. 47:843(B) and (F) and 851(B)(1) and (2)(b), relative to tobacco tax; to provide relative to discounts to SENATE BILL NO. 346— out-of-state wholesale tobacco dealers; to remove the authority BY SENATORS BROOME AND CAIN of the secretary of the Department of Revenue to enter into AN ACT reciprocal agreements for discount purposes; and to provide for To enact R.S. 47:293(2) and (6)(a)(i), relative to income tax related matters. deductions; to provide for a marriage strengthening income tax deduction; and to provide for related matters. Reported with amendments. Reported favorably. SENATE BILL NO. 272— BY SENATOR ROMERO Respectfully submitted, AN ACT WILLIE L. MOUNT To enact R.S. 47:301(7)(l), (10)(dd), (14)(g)(iii), and 18(o), relative Chairman to sales tax of the state and its political subdivisions; to provide for an exclusion from such taxes for certain drilling rigs and REPORT OF COMMITTEE ON their component parts; and to provide for related matters. Reported with amendments. JUDICIARY A SENATE BILL NO. 328— Senator Arthur J. "Art" Lentini, Chairman on behalf of the BY SENATOR HOLLIS Committee on Judiciary A, submitted the following report: AN ACT To enact R.S. 47:6026, relative to income tax credits; to provide for May 29, 2007 a refundable credit against state income taxes to certain taxpayers for their property and casualty insurance premium; to To the President and Members of the Senate: provide for an effective date; and to provide for related matters. I am directed by your Committee on Judiciary A to submit the Reported with amendments. following report: SENATE BILL NO. 331— HOUSE BILL NO. 32— BY SENATORS ELLINGTON AND CAIN BY REPRESENTATIVE HILL AN ACT AN ACT To amend and reenact R.S. 47:301(3)(j) and (13)(m), and to repeal To enact R.S. 13:2619, relative to the justice of the peace court in R.S. 47:302(T), 321(J), and 331(R), relative to exclusions from Ward 1 of Allen Parish; to authorize the constable of the court the sales and use tax of the state and any political subdivision to utilize certain surplus automobiles; and to provide for related whose boundaries are coterminous with those of the state; to matters. provide for an exclusion for the sales price and cost price of electric power or energy and natural gas used by certain Reported favorably. taxpayers; to provide for an effective date; and to provide for related matters. HOUSE BILL NO. 392— BY REPRESENTATIVE MORRELL AN ACT Reported favorably. To amend and reenact Code of Criminal Procedure Article 404(A)(2), relative to the appointment of the jury commission in Orleans Parish; to provide for the appointment by the en banc

376 16th DAY'S PROCEEDINGS Page 15 SENATE May 29, 2007

judges of the criminal district court; to provide for appointment SENATE BILL NO. 62— by the en banc judges of the Criminal Division of the Forty-First BY SENATORS AMEDEE, ADLEY, CHAISSON, CRAVINS, FONTENOT, N. GAUTREAUX, HINES, KOSTELKA, MCPHERSON, MICHOT, Judicial District Court with the concurrence of the judges en DUPLESSIS, HOLLIS, MALONE, MARIONNEAUX, MOUNT AND banc civil division; to provide that the commissioners shall MURRAY AND REPRESENTATIVE FAUCHEUX serve at the pleasure of the court; and to provide for related AN ACT matters. To enact R.S. 47:6026, relative to tax credits; to authorize a procedure for granting a student career option tax credit against Reported favorably. income and corporation franchise tax to certain businesses; and to provide for related matters. HOUSE BILL NO. 780— BY REPRESENTATIVE FAUCHEUX AND SENATOR CHAISSON Reported with amendments by the Committee on Revenue and AN ACT Fiscal Affairs. To enact R.S. 9:203(E)(5), relative to marriage officiants, judges, and justices of the peace; to provide for the extension of authority SENATE COMMITTEE AMENDMENTS for certain federal judges to preside over a marriage ceremony for a particular period of time; and to provide for related Amendments proposed by Senate Committee on Revenue and Fiscal matters. Affairs to Original Senate Bill No. 62 by Senator Amedee Reported with amendments. AMENDMENT NO. 1 On page 1, line 15, delete "who may not be college bound" Respectfully submitted, ARTHUR J. "ART" LENTINI AMENDMENT NO. 2 Chairman On page 2, line 6, change "all types of" to "appropriate" and change "special needs" to "students with disabilities" Senate Bills and Joint Resolutions on Second Reading AMENDMENT NO. 3 Reported by Committees On page 2, line 7, delete "students" Senator Ullo asked for and obtained a suspension of the rules to AMENDMENT NO. 4 take up at this time the following Senate Bills and Joint Resolutions On page 2, line 11, change "Special needs student" to "Student just reported by Committees. with disabilities" SENATE BILL NO. 12— AMENDMENT NO. 5 BY SENATOR THEUNISSEN On page 2, line 21, change "five thousand dollars" to "two AN ACT thousand five hundred dollars" To amend and reenact R.S. 47:301(8)(c), relative to state sales tax exemptions for political subdivisions; to require the issuance of AMENDMENT NO. 6 an exemption identification number upon request by a political On page 2, line 25, after "student" insert "and a student with subdivision; to authorize the promulgation of rules and disabilities" regulations; and to provide for related matters. AMENDMENT NO. 7 Reported favorably by the Committee on Revenue and Fiscal On page 2, line 27, after "program" insert: "in the student's area Affairs. On motion of Senator Mount, the bill was read by title, of concentration" ordered engrossed, and passed to a third reading. AMENDMENT NO. 8 SENATE BILL NO. 16— On page 3, line 1, after "with" delete the remainder of the line, and BY SENATOR SMITH AND REPRESENTATIVE CHANDLER delete lines 2 through 5 AN ACT To amend and reenact R.S. 33:130.152(A), (B), (C), and (H), relative AMENDMENT NO. 9 to the Grant Parish Economic Development District; to provide On page 3, line 6, change "(iii) Employment in any business" to for membership of the board of commissioners; to provide for "employment in any appropriate business in the student's area of removal from the board; to provide for quorum; to provide for concentration" effective date; and to provide for related matters. AMENDMENT NO. 10 Reported favorably by the Committee on Local and Municipal On page 3, line 7, after "Education" insert a period "." and delete the Affairs. On motion of Senator Fields, the bill was read by title, remainder of the line, and delete lines 8 through 11 ordered engrossed, and passed to a third reading. AMENDMENT NO. 11 SENATE BILL NO. 21— On page 3, line 21, change "cooperative education" to "work- BY SENATORS SMITH AND NEVERS based" AN ACT To amend and reenact R.S. 3:4411(A), relative to the timber AMENDMENT NO. 12 severance tax; to increase the portion of the timber severance tax On page 4, line 6, after "corporation." delete the remainder of the allocated to the state which is dedicated to the Forestry line, and delete lines 7 through 12 Productivity Fund; and to provide for related matters. AMENDMENT NO. 13 Reported favorably by the Committee on Revenue and Fiscal On page 5, delete lines 5 through 7, and insert: Affairs. On motion of Senator Mount, the bill was read by title, "G. The Department of Education in consultation with the ordered engrossed, and passed to a third reading. Department of Revenue shall promulgate rules and regulations to carry out the purposes of this Section." On motion of Senator Mount, the committee amendment was adopted. The amended bill was read by title and ordered engrossed and passed to a third reading.

377 Page 16 SENATE 16th DAY'S PROCEEDINGS May 29, 2007

SENATE BILL NO. 68— such rules as the secretary of revenue may deem necessary to BY SENATOR CASSIDY implement the provisions of this Section. Such rules and AN ACT regulations shall be promulgated in accordance with the To enact R.S. 47:6026, relative to tax credits; to provide for tax Administrative Procedure Act." credits for monetary contributions to certain public higher education institutions and associated foundations and alumni AMENDMENT NO. 9 associations in support of academic programs; to provide for the On page 3, line 21, change "F" to "E" uses of such contributions; to provide for the transfer of the credits; to require the promulgation of rules and regulations; and On motion of Senator Mount, the committee amendment was to provide for related matters. adopted. The amended bill was read by title and ordered engrossed and passed to a third reading. Reported with amendments by the Committee on Revenue and Fiscal Affairs. SENATE BILL NO. 79— BY SENATOR THEUNISSEN SENATE COMMITTEE AMENDMENTS AN ACT To enact R.S. 33:4574 (F)(6) and 4574.1(R), relative to Jefferson Amendments proposed by Senate Committee on Revenue and Fiscal Davis Parish Tourist Commission; to provide for the authority Affairs to Engrossed Senate Bill No. 68 by Senator Cassidy and composition of the commission; to provide for occupancy taxes levied by the commission; to provide for an effective date; AMENDMENT NO. 1 and to provide for related matters. On page 1, line 3, delete "public" Reported with amendments by the Committee on Local and AMENDMENT NO. 2 Municipal Affairs. On page 1, line 13 delete "that offers" and delete lines 14 through 16 and insert: "as defined in R.S. 17:3215, 3216, or 3217 or a SENATE COMMITTEE AMENDMENTS regionally accredited independent institution of higher education that is domiciled in Louisiana and is a member of the Louisiana Amendments proposed by Senate Committee on Local and Municipal Association of Independent Colleges and Universities or to one of Affairs to Original Senate Bill No. 79 by Senator Theunissen the following: (a) A public higher education institution-affiliated AMENDMENT NO. 1 organization meeting the criteria prescribed in R.S. 17:3390(B) On page 1, line 17, after "members" and before the period "." insert with which such institution has an affiliate or collaborative "at large" agreement and which is officially recognized by such institution. (b) A private nonprofit corporation which supports an AMENDMENT NO. 2 independent institution of higher education with which such On page 2, delete lines 1 through 10 in their entirety and insert the institution has an affiliate or collaborative agreement and which following: is officially recognized by such institution." "(3) The Jefferson Davis Parish Police Jury shall appoint five members as follows: AMENDMENT NO. 3 (a) One member shall be appointed from a list of nominees On page 2, line 2, after "academic programs" delete the remainder submitted by the hotel/motel association. of the line and delete lines 3 through 7, and insert: "or centers. The (b) One member shall be appointed from a list of nominees term "academic purposes" shall include funding for faculty submitted by the city of Jennings. support and graduate student support, but shall exclude athletic (c) One member shall be appointed from a list of nominees programs." submitted by the town of Welsh. (d) One member shall be appointed from a list of nominees AMENDMENT NO. 4 submitted by the town of Lake Arthur. On page 2, line 9, delete "a total" and insert "monetary (e) One member shall be appointed from a list of nominees contributions of two hundred fifty dollars or more, up to a submitted by the town of Elton." maximum" On motion of Senator Fields, the committee amendment was AMENDMENT NO. 5 adopted. The amended bill was read by title and ordered engrossed On page 2, between lines 12 and 13 insert: and passed to a third reading. "(4) "Faculty" as used in this Section means a person who holds faculty rank, who is tenured or on tenured-track, and SENATE BILL NO. 84— whose principal activity is instructional or research as defined by BY SENATOR BAJOIE the United States Department of Education." AN ACT To enact R.S. 17:10.5(C)(3), relative to elementary and secondary AMENDMENT NO. 6 education; to provide with respect to school property under the On page 2, delete lines 13 and 14, and insert: control of the Recovery School District; to provide that the "(5) "Monetary contributions" as used in this Section means Recovery School District return certain school property to the cash or stocks, bonds, or other securities at their fair market Orleans Parish School Board by July 1, 2008; and to provide for value on the date of the contribution." related matters. AMENDMENT NO. 7 Reported by substitute by the Committee on Education. The bill On page 2, line 19, change "three" to "five" was read by title; the committee substitute bill was read. AMENDMENT NO. 8 SENATE BILL NO. — (Substitute of Senate Bill No. 84 by On page 2, delete lines 20 through 29, and on page 3, delete lines 1 Senator Bajoie) through 20 and insert: BY SENATOR BAJOIE "C. Upon receipt of a contribution in accordance with this AN ACT Section, each institution or institution-affiliated organization shall To enact R.S. 17:1990(B)(4)(b)(v), relative to the Recovery School submit to the donor a receipt of gift indicating the purpose for District; to require the district to develop a plan for the use of which the gift was made. school land, buildings, facilities, and property that are part of D. The Department of Revenue may, in consultation with the certain transferred schools; to provide for the return of management boards of higher education institutions, promulgate stewardship and control of certain unused school property to the

378 16th DAY'S PROCEEDINGS Page 17 SENATE May 29, 2007

transferring school system; to provide for timelines; and to SENATE BILL NO. 135— provide for related matters. BY SENATORS DUPLESSIS, LENTINI, MICHOT, MURRAY, SHEPHERD AND N. GAUTREAUX AND REPRESENTATIVES RICHMOND AND K. Be it enacted by the Legislature of Louisiana: CARTER Section 1. R.S. 17:1990(B)(4)(b)(v) is hereby enacted to read AN ACT as follows: To amend and reenact R.S. 47:6019(A)(1)(a) and (2)(a) and to repeal §1990. Recovery School District; creation; governance; operation Section 3 of Act No. 60 of the 2002 Regular Session of the * * * Legislature as amended by Act No. 12 of the 2004 First B. * * * Extraordinary Session of the Legislature, relative to the state (4) * * * historic rehabilitation credit; to expand the applicability of the (b) * * * credit to certain structures; to remove the credit cap of five (v)(aa) Not later than June 16, 2008, the district shall develop million dollars; and to provide for related matters. a written plan detailing the current and intended use of all land, buildings, facilities, and other property that are part of every Reported with amendments by the Committee on Revenue and school transferred to the district pursuant to R.S. 17:10.7 and for Fiscal Affairs. which it exercises the rights and responsibilities of ownership. (bb) Land, buildings, facilities, and other property that are SENATE COMMITTEE AMENDMENTS part of a transferred school for which the required plan provides for no future use as a school or a school site shall be returned to Amendments proposed by Senate Committee on Revenue and Fiscal the stewardship and control of the transferring school system. Affairs to Original Senate Bill No. 135 by Senator Duplessis * * * AMENDMENT NO. 1 On motion of Senator Ullo, the committee substitute bill was On page 1, line 2, between "(2)(a)" and "and" insert "and (B)(1), to adopted and becomes Senate Bill No. 363 by Senator Bajoie, enact R.S. 47:6019(C)," substitute for Senate Bill No. 84 by Senator Bajoie. AMENDMENT NO. 2 SENATE BILL NO. 363— (Substitute of Senate Bill No. 84 by On page 1, line 8, between "(2)(a)" and "are" insert "and (B)(1)" and Senator Bajoie) after "reenacted" insert "and R.S. 47:6019(C) is hereby enacted" BY SENATOR BAJOIE AN ACT To enact R.S. 17:1990(B)(4)(b)(v), relative to the Recovery School AMENDMENT NO. 3 District; to require the district to develop a plan for the use of On page 1, line 13, between "district," and "a" insert "a cultural school land, buildings, facilities, and property that are part of product district," certain transferred schools; to provide for the return of stewardship and control of certain unused school property to the AMENDMENT NO. 4 transferring school system; to provide for timelines; and to On page 1, line 14, change "National Register" to "nationally or provide for related matters. locally designated" AMENDMENT NO. 5 The bill was read by title; lies over under the rules. On page 1, line 16, between "Code" and the period insert "or SENATE BILL NO. 132— otherwise designated as an eligible structure by the state historic BY SENATOR ADLEY preservation office"and change "not exceed" to "not exceed be fixed AN ACT at an amount equal to" To amend and reenact R.S. 48:78, relative to the Transportation Trust Fund; to prohibit the use of monies in the fund for the AMENDMENT NO. 6 operational budget of the Department of Transportation and On page 2, line 6, between "No." and "of" insert "135" and change Development; to provide for an effective date; and to provide "this" to "the" for related matters. AMENDMENT NO. 7 Reported with amendments by the Committee on Transportation, On page 2, line 7, change "2014" to "2012" Highways and Public Works. AMENDMENT NO. 8 SENATE COMMITTEE AMENDMENTS On page 2, line 10 after "also" delete the remainder of the line and on line 11 delete "Historic Places or" Amendments proposed by Senate Committee on Transportation, Highways and Public Works to Original Senate Bill No. 132 by AMENDMENT NO. 9 Senator Adley On page 2, between lines 13 and 14 insert the following: "B.(1) Definitions. For purposes of this Section, the following AMENDMENT NO. 1 words and phrases shall have the meanings ascribed to them in this On page 1, line 14, change "even" to "event" Subsection: (a) "Cultural product district" shall mean a district created AMENDMENT NO. 2 by law or pursuant to law to encourage the creation of a hub of On page 1, line 17, after "Development" and before the period "." cultural activity, particularly housing for artists. insert ", provided that funding is otherwise made available from (a)(b)"Downtown development district" shall mean a downtown the state general fund or from federal funds for funding the development district or central business development district created operational budget of the department" by law, pursuant to law, or by ordinance adopted prior to January 1, 2002, in a home rule charter municipality. On motion of Senator Ellington, the committee amendment was (b)(c) "Eligible costs and expenses" shall mean qualified adopted. The amended bill was read by title and ordered engrossed rehabilitation expenditures as defined in Section 47c(2)(A) of the and passed to a third reading. Internal Revenue Code of 1986, as amended, except that "substantially rehabilitated" shall mean that the qualified rehabilitation expenditures must exceed ten thousand dollars. * * * C. No credit shall be allowed under this Section for any expenditures for which a taxpayer receives a credit, rebate, or

379 Page 18 SENATE 16th DAY'S PROCEEDINGS May 29, 2007 other tax incentive granted by the state under any other provision district shall comply with all other applicable provisions of Title of law." 38 of the Louisiana Revised Statutes of 1950." On motion of Senator Mount, the committee amendment was On motion of Senator Ullo, the committee amendment was adopted. The amended bill was read by title and ordered engrossed adopted. The amended bill was read by title and ordered engrossed and passed to a third reading. and passed to a third reading. SENATE BILL NO. 138— SENATE BILL NO. 155— BY SENATOR FONTENOT BY SENATORS JACKSON, CHAISSON, HINES, MOUNT AND NEVERS AN ACT AN ACT To amend and reenact R.S. 47:6018, relative to tax credits; to grant To amend and reenact R.S. 47:297.7 and to repeal R.S. 47:297(D), a refundable credit against income and corporate franchise tax relative to the individual income tax; to provide for a child tax for the purchase of certain items from certain contractors credit; to repeal the education tax credit; and to provide for employing inmate labor; and to provide for related matters. related matters. Reported favorably by the Committee on Revenue and Fiscal Reported with amendments by the Committee on Revenue and Affairs. On motion of Senator Mount, the bill was read by title, Fiscal Affairs. ordered engrossed, and passed to a third reading. SENATE COMMITTEE AMENDMENTS SENATE BILL NO. 154— BY SENATOR ULLO Amendments proposed by Senate Committee on Revenue and Fiscal AN ACT Affairs to Original Senate Bill No. 155 by Senator Jackson To enact R.S. 17:1990(B)(1)(c), relative to the Recovery School District; to provide that the district has the same authority to AMENDMENT NO. 1 procure services afforded to city, parish, or other local public On page 1, line 2, change "amend and reenact" to "enact" school systems; and to provide for related matters. On motion of Senator Mount, the committee amendment was Reported with amendments by the Committee on Education. adopted. The amended bill was read by title and ordered engrossed and passed to a third reading. SENATE COMMITTEE AMENDMENTS SENATE BILL NO. 175— Amendments proposed by Senate Committee on Education to BY SENATOR MURRAY Original Senate Bill No. 154 by Senator Ullo AN ACT To enact R.S. 9:5625(G)(3), relative to prescription; to provide for AMENDMENT NO. 1 the running of prescription to bring an action to enforce a zoning On page 1, line 2, between "(c)," and "relative" insert "(d), and (e)," restriction or regulation or violation thereof applicable to the Vieux Carre section of the city of New Orleans; and to provide AMENDMENT NO. 2 for related matters. On page 1, line 3, between "authority" and "to" insert "and autonomy" and between "services" and "afforded" insert "and Reported favorably by the Committee on Local and Municipal property" Affairs. On motion of Senator Fields, the bill was read by title, ordered engrossed, and passed to a third reading. AMENDMENT NO. 3 On page 1, line 4, between "systems;" and "and" insert the following: SENATE BILL NO. 188— "to provide relative to the procurement of materials, supplies, repairs, BY SENATORS DUPLESSIS, LENTINI, MICHOT, MURRAY, SHEPHERD AND N. GAUTREAUX AND REPRESENTATIVES RICHMOND AND K. and certain other goods and services; to provide relative to the CARTER disposition of property; to provide relative to contracts for public AN ACT works and professional services; to provide for compliance with To amend and reenact R.S. 47:6016, relative to the new markets tax applicable state law;" credit; to define certain terms; to increase the amount of the credit; to provide for carrying forward unused credits; to remove AMENDMENT NO. 4 the credit cap of five million dollars; to provide for the transfer On page 1, delete lines 11 through 13 and insert the following: or sale of the credit; to provide for the promulgation of rules and "(c) The school district shall have the same authority and regulations; to provide for effectiveness; and to provide for autonomy afforded to city, parish, or other local public school related matters. systems under state law regarding the procurement of services, including but not limited to personal, professional, consulting, Reported with amendments by the Committee on Revenue and and social services; the procurement of immovable property; and Fiscal Affairs. the leasing of movable property. (d) The school district shall not be required to utilize, or SENATE COMMITTEE AMENDMENTS obtain the approval of, any state agency, including but not limited to the division of administration or any office within the division Amendments proposed by Senate Committee on Revenue and Fiscal of administration, or any procurement support team or similar Affairs to Original Senate Bill No. 188 by Senator Duplessis group when procuring data processing and telecommunications goods or services, or in the procurement of materials, supplies, or AMENDMENT NO. 1 major repairs or in the disposition of property. However, the On page 1, line 4, change "to remove the credit cap of five million school district shall comply with all other applicable provisions dollars;" to "to provide for limits on the amount of credits and of Title 39 of the Louisiana Revised Statutes of 1950 regarding aggregate credits;" such procurement and disposition of property. (e) The school district shall not be required to utilize any AMENDMENT NO. 2 selection board, including but not limited to the Louisiana On page 2, line 11, after "means" delete the colon ":" Architects Selection Board, the Louisiana Engineers Selection Board, or the Louisiana Landscape Architects Selection Board AMENDMENT NO. 3 when contracting for any public work or professional service, or On page 2, line 12, delete "(a)", change "Twenty" to "twenty" and when contracting for any other service. However, the school delete "first"

380 16th DAY'S PROCEEDINGS Page 19 SENATE May 29, 2007

AMENDMENT NO. 4 AMENDMENT NO. 2 On page 2, delete lines 13 and 14 On page 9, line 7, delete lines 7 through 11, and insert: ", rebate, or other tax incentive is granted by the state under any other AMENDMENT NO. 5 provision of law." On page 2, line 16, after "investment" delete the colon ":" AMENDMENT NO. 3 AMENDMENT NO. 6 On page 14, between lines 27 and 28, insert: On page 2, line 17, delete "(a)" and change "The" to "The the " "G. The division of administration and the Department of Economic Development shall prepare, with input from the AMENDMENT NO. 7 Legislative Fiscal Office, a written report to be submitted to the On page 2, delete line 18 Senate Committee on Revenue and Fiscal Affairs and the House of Representatives Committee on Ways and Means no less than AMENDMENT NO. 8 sixty days prior to the start of the Regular Session of the On page 2, line 22, after "Code" delete the remainder of the line and Legislature in 2008, and every second year thereafter. The report delete lines 23 through 25 and insert ", including otherwise shall include the overall impact of the tax credits, the amount of qualified businesses located in any special GO Zone Targeted the tax credits issued, the number of net new jobs created, the Population or similar census tracts approved as eligible for amount of Louisiana payroll created, the economic impact of the receipt of qualified low-income community investments under tax credits and the state-certified musical and theatrical Section 45D of the Internal Revenue Code." productions and infrastructure projects, the amount of new infrastructure that has been developed in the state, and any other AMENDMENT NO. 9 factors that describe the impact of the program." On page 2, line 28, after "C." insert "(1)" On motion of Senator Mount, the committee amendment was AMENDMENT NO. 10 adopted. The amended bill was read by title and ordered engrossed On page 3, line 7, change "seventy-five" to "five" and passed to a third reading. AMENDMENT NO. 11 SENATE BILL NO. 232— On page 3, between lines 14 and 15, insert: BY SENATOR BAJOIE "(2) No credit shall be allowed under this Section for any AN ACT expenditures for which a taxpayer receives a credit, rebate, or To enact Chapter 3-F of Title 40 of the Louisiana Revised Statutes of other tax incentive granted by the state under any other 1950, to be comprised of R.S. 40:600.71 through 600.74, provision of law." relative to housing counseling centers; to provide for definitions; to provide for the functions of such centers; to provide for an AMENDMENT NO. 12 effective date; and to provide for related matters. On page 3, line 20, after "E." insert "The aggregate amount of credit for all taxpayers under this Section shall not exceed Reported with amendments by the Committee on Local and seventy-five million dollars, in the aggregate, over the life of the Municipal Affairs. program." SENATE COMMITTEE AMENDMENTS AMENDMENT NO. 13 On page 5, line 18, between "the" and "transfer" insert "application Amendments proposed by Senate Committee on Local and Municipal for and" Affairs to Original Senate Bill No. 232 by Senator Bajoie AMENDMENT NO. 14 AMENDMENT NO. 1 On page 5, at the beginning of line 22, insert "188" and change "this" On page1, line 3, change "600.74" to "600.76" and change "centers" to "the" to "assistance" AMENDMENT NO. 15 AMENDMENT NO. 2 On page 5, at the end of line 23, change "2013" to "2013 2012" On page 1, line 4, change "functions of such centers" to "source, funding and type of housing counseling assistance offered; to On motion of Senator Mount, the committee amendment was provide for a termination date" adopted. The amended bill was read by title and ordered engrossed and passed to a third reading. AMENDMENT NO. 3 On page 1, line 8, change "600.74" to "600.76" SENATE BILL NO. 218— BY SENATORS MURRAY, BAJOIE AND SCHEDLER AND AMENDMENT NO. 4 REPRESENTATIVE ARNOLD On page 1, line 9, change "CENTERS" to "ASSISTANCE" AN ACT To enact R.S. 47:6026, relative to income tax credits; to provide for AMENDMENT NO. 5 income tax credits related to musical or theatrical productions On page 1, line 12, change "Centers" to "Assistance" and musical or theatrical facility infrastructure projects; and to provide for related matters. AMENDMENT NO. 6 On page 2, line 7, change "housing counseling centers" to "non-profit Reported with amendments by the Committee on Revenue and organizations" Fiscal Affairs. AMENDMENT NO. 7 SENATE COMMITTEE AMENDMENTS On page 2, line 8, change "housing counseling" to "certified non- profit organizations" Amendments proposed by Senate Committee on Revenue and Fiscal Affairs to Original Senate Bill No. 218 by Senator Murray AMENDMENT NO. 8 On page 2, at the beginning of line 9, delete "centers" AMENDMENT NO. 1 On page 7, line 3, after "authorized" insert "until January 1, 2014" AMENDMENT NO. 9 On page 2, delete lines 14 through 18 in their entirety and insert the following:

381 Page 20 SENATE 16th DAY'S PROCEEDINGS May 29, 2007

"(1) "Division of administration" means the division of SENATE COMMITTEE AMENDMENTS administration created within the office of the governor by Title 39 of the Louisiana Revised Statutes of 1950. Amendments proposed by Senate Committee on Local and Municipal (2) "Road Home Corporation" means the nonprofit corporation Affairs to Original Senate Bill No. 233 by Senator Cravins authorized in Title 40 of the Louisiana Revised Statutes of 1950, or any corporation succeeding to the principal functions thereof or to AMENDMENT NO. 1 which the powers conferred upon the corporation shall be given by On page 1, line 17 after "shall be" delete "four" and insert "two" law." On motion of Senator Fields, the committee amendment was AMENDMENT NO. 10 adopted. The amended bill was read by title and ordered engrossed On page 2, between lines 25 and 26, insert the following: and passed to a third reading. "§600.74. Sources Housing counseling assistance shall be provided through private SENATE BILL NO. 234— nonprofit organizations certified through the Louisiana Housing BY SENATOR SMITH AND REPRESENTATIVES CHANDLER, FANNIN AND TOWNSEND Finance Agency. AN ACT §600.75. Funding To enact Subpart B-37 of Part IV of Chapter 1 of Title 33 of the A. The office of community development, within the division Louisiana Revised Statutes of 1950, to be comprised of R.S. of administration, or the Road Home Corporation, which is 33:130.731 through 130.739, relative to economic development; responsible for the delivery of the Road Home Housing Program, to create the Winn Parish Economic Development District; to shall set aside sufficient funds to accomplish and implement the provide for the territorial jurisdiction of the district; to provide requirements of this Chapter. for a board of commissioners; to provide for employees of the B. The office of community development shall conduct district; to provide for the powers, duties, and functions of the competitive negotiations by initiating the issuance of a request for district; to provide for obligations of the district; and to provide proposals containing a description of the services required and the for related matters. factors to be used in evaluating the proposals." Reported with amendments by the Committee on Local and AMENDMENT NO. 11 Municipal Affairs. On page 2, delete line 26 and insert "§600.76. Type of Assistance" SENATE COMMITTEE AMENDMENTS AMENDMENT NO. 12 Amendments proposed by Senate Committee on Local and Municipal On page 2, line 27, change "centers" to "assistance providers" Affairs to Original Senate Bill No. 234 by Senator Smith AMENDMENT NO. 13 On page 2, line 29, after "programs," and before "housing" delete AMENDMENT NO. 1 "any" On page 1, line 12 change "are" to "is" AMENDMENT NO. 2 AMENDMENT NO. 14 On page 4, line 18, after "grant," delete "expropriation, purchase, On page 3, at the beginning of line 1, insert "other" and delete "such" or otherwise" and insert "purchase, or otherwise, but not by AMENDMENT NO. 15 expropriation," On page 3, line 2, change "centers shall" to "assistance providers AMENDMENT NO. 3 shall also" On page 4, line 23, after "terminals." delete the remainder of the line AMENDMENT NO. 16 and delete lines 24 and 25 in their entirety On page 3, line 3, change "with" to "by" AMENDMENT NO. 4 AMENDMENT NO. 17 On page 6, line 24, after "purchase," delete "expropriation," On page 3, line 4, between "strategies" and the period "." insert "for AMENDMENT NO. 5 persons with special needs" On page 6, line 25, after "otherwise," insert "but not by AMENDMENT NO. 18 expropriation" On page 3, after line 9, insert the following: AMENDMENT NO. 6 "Section 3. The provisions of this Chapter shall cease to have On page 6, line 28, after "therewith." delete the remainder of the line effect on July 1, 2010." and delete line 29 On motion of Senator Fields, the committee amendment was adopted. The amended bill was read by title and ordered engrossed AMENDMENT NO. 7 and passed to a third reading. On page 7, line 1, delete the line in its entirety SENATE BILL NO. 233— On motion of Senator Fields, the committee amendment was BY SENATOR CRAVINS adopted. The amended bill was read by title and ordered engrossed AN ACT and passed to a third reading. To enact R.S. 33:2740.67, relative to the hotel/motel occupancy tax; to provide for authorization of the city of Opelousas governing SENATE BILL NO. 242— BY SENATOR BOASSO authority to levy and collect a hotel/motel occupancy tax within AN ACT the city of Opelousas; to provide for the purposes for which the To enact R.S. 47:6026, relative to income tax credits; to provide for proceeds of the tax may be used; to provide for an effective a refundable credit against state income taxes to certain date; and to provide for related matters. taxpayers in the amount of the difference between the current property and casualty insurance premium and the 2005 property Reported with amendments by the Committee on Local and and casualty insurance premium; to provide for an effective Municipal Affairs. date; and to provide for related matters.

382 16th DAY'S PROCEEDINGS Page 21 SENATE May 29, 2007

Reported favorably by the Committee on Revenue and Fiscal AMENDMENT NO. 1 Affairs. On motion of Senator Mount, the bill was read by title, On page 1, line 2 change "45:301" to "45:302" ordered engrossed, and passed to a third reading. AMENDMENT NO. 2 SENATE BILL NO. 255— On page 1, line 8 change "45:301" to "45:302" BY SENATOR HOLLIS AN ACT AMENDMENT NO. 3 To amend and reenact R.S. 47:843(B) and (F) and 851(B)(1) and On page 1, delete lines 9 through 13 and insert the following: (2)(b), relative to tobacco tax; to provide relative to discounts to "§302. Powers of the commission; scope out-of-state wholesale tobacco dealers; to remove the authority The commission shall supervise, govern, regulate and control the of the secretary of the Department of Revenue to enter into transportation or sale of natural gas moving by pipeline to local reciprocal agreements for discount purposes; and to provide for distributing systems for resale for the purpose of fixing and related matters. regulating the rates charged and the service furnished by such public utilities in connection with such transportation or sale. Reported with amendments by the Committee on Revenue and The power, authority and duties of the commission shall affect Fiscal Affairs. and include all matters and things directly connected with, concerning and growing out of the service given or rendered by such SENATE COMMITTEE AMENDMENTS pipelines transporting or selling natural gas to local distributing systems for resale with respect to any such transportation or sales. " Amendments proposed by Senate Committee on Revenue and Fiscal Affairs to Engrossed Senate Bill No. 255 by Senator Hollis AMENDMENT NO. 4 On page 1, line 14 after "any other" insert "provision of" AMENDMENT NO. 1 On page 1, line 2, change "R.S. 47:843(B)" to "R.S. 47:843(B), AMENDMENT NO. 5 (C)(3)," On page 1, at the beginning of line 16 after "without" insert "at least three hundred and sixty-five days" AMENDMENT NO. 2 On page 1, line 5, between "purposes;" and "and" insert "to increase AMENDMENT NO. 6 the tobacco tax discount;" On page 1, line 16 after "system and" delete the remainder of the line and at the beginning of line 17 delete "hearing" and insert AMENDMENT NO. 3 "three public hearings, one of which must be held in the locality On page 1, line 7, change "R.S. 47:843(B)" to "R.S. 47:843(B), of the local distribution system" (C)(3)," AMENDMENT NO. 7 AMENDMENT NO. 4 On page 1, line 17 after "rules" insert "and regulations" On page 2, line 3, change "six percent" to "six eight percent" AMENDMENT NO. 8 AMENDMENT NO. 5 On page 2, at the end of line 1, insert the following" "Such rules On page 2, between lines 3 and 4, insert: and regulations shall consider whether or not the local "C. * * * distribution system is captive to one pipeline; whether the local (3) Cigarette tax stamps shall be sold by the secretary of the distribution system has access to other pipelines; operational Department of Revenue to bonded registered Louisiana tobacco issues regarding the local distribution system; and the local dealers in the state of Louisiana who have a direct purchasing distribution systems pressure requirements." contract with a manufacturer at a discount of six eight percent from the face value, when purchased in quantities of not less than one On motion of Senator Fields, the committee amendment was hundred dollars face value, and the same provisions and discount adopted. The amended bill was read by title and ordered engrossed shall apply where the metered stamping machine or device is used." and passed to a third reading. AMENDMENT NO. 6 SENATE BILL NO. 272— On page 2, line 21, change "six percent" to "six eight percent" BY SENATORS ROMERO AND N. GAUTREAUX AN ACT AMENDMENT NO. 7 To enact R.S. 47:301(7)(l), (10)(dd), (14)(g)(iii), and 18(o), relative On page 3, line 3, change "six percent" to "six eight percent" to sales tax of the state and its political subdivisions; to provide for an exclusion from such taxes for certain drilling rigs and On motion of Senator Mount, the committee amendment was their component parts; and to provide for related matters. adopted. The amended bill was read by title and ordered reengrossed and passed to a third reading. Reported with amendments by the Committee on Revenue and Fiscal Affairs. SENATE BILL NO. 262— BY SENATOR ADLEY SENATE COMMITTEE AMENDMENTS AN ACT To amend and reenact R.S. 45:301, relative to the La. Public Service Amendments proposed by Senate Committee on Revenue and Fiscal Commission; to prohibit the supply of natural gas to a local Affairs to Original Senate Bill No. 272 by Senator Romero distributing system from being disconnected or shut-off without prior notice or opportunity for a hearing; authorizes the La. AMENDMENT NO. 1 Public Service Commission to promulgate certain rules and On page 1, line 2, after "R.S. 47:301" delete "(7)(l), (10)(dd), regulations; and to provide for related matters. (14)(g)(iii), and 18(o)" and insert "(14)(g)(iii)" Reported with amendments by the Committee on Local and AMENDMENT NO. 2 Municipal Affairs. On page 1, line 6, after "R.S. 47:301" delete "(7)(l), (10)(dd), (14)(g)(iii), and 18(o) are" and insert "(14)(g)(iii) is" SENATE COMMITTEE AMENDMENTS AMENDMENT NO. 3 Amendments proposed by Senate Committee on Local and Municipal On page 1, delete lines 13 through 17 Affairs to Original Senate Bill No. 262 by Senator Adley

383 Page 22 SENATE 16th DAY'S PROCEEDINGS May 29, 2007

AMENDMENT NO. 4 SENATE BILL NO. 300— On page 2, delete lines 1 through 10 BY SENATOR MURRAY AN ACT AMENDMENT NO. 5 To enact Part V of Chapter 16 of Title 25 of the Louisiana Revised On page 2, line 15, after "include the" delete the remainder of the Statute of 1950, comprised of R.S. 25:792 through 794, and to line and delete lines 16 through 19 and insert: "labor, or sale of enact R.S. 47:332.53, relative to Orleans Parish; to create the materials, services, and supplies, used for the repairing, French Quarter-Marigny Historic Area Management District; to renovating, or converting of any drilling rig, or machinery and provide relative to the purposes, governance, duties and equipment which are component parts thereof, which is used authority of the district; to provide relative to funds of the exclusively for the exploration or development of minerals district; to provide for an effective date; and to provide for outside the territorial limits of the state in Outer Continental related matters. Shelf waters." Reported by substitute by the Committee on Local and AMENDMENT NO. 6 Municipal Affairs. The bill was read by title; the committee On page 2, delete lines 27 through 29 substitute bill was read. AMENDMENT NO. 7 SENATE BILL NO. — (Substitute of Senate Bill No. 300 by On page 3, delete lines 1 through 9 Senator Murray) AN ACT AMENDMENT NO. 8 To enact Part V of Chapter 16 of Title 25 of the Louisiana Revised On page 3, line 10, change "Section 3" to "Section 2" Statute of 1950, comprised of R.S. 25:796 through 799, and to enact R.S. 47:332.53, relative to Orleans Parish; to create the On motion of Senator Mount, the committee amendment was French Quarter-Marigny Historic Area Management District; to adopted. The amended bill was read by title and ordered engrossed provide relative to the purposes, governance, duties and and passed to a third reading. authority of the district; to provide relative to funds of the district; to provide for an effective date; and to provide for SENATE BILL NO. 296— related matters. BY SENATOR MURRAY Notice of intention to introduce this Act has been AN ACT published. To repeal R.S. 38:225(B) and 301(C)(2)(e), relative to levees; to Be it enacted by the Legislature of Louisiana: repeal provision which allows for the removal of certain Section 1. Part V of Chapter 16 of Title 25 of the Louisiana obstructions on levees at the expense of the owner; to repeal Revised Statute of 1950, comprised of R.S. 25:796 through 799, is provision which allows for discretionary compensation to such hereby enacted to read as follows: land owners; and to provide for related matters. PART V. FRENCH QUARTER-MARIGNY HISTORIC AREA Reported favorably by the Committee on Transportation, MANAGEMENT DISTRICT Highways and Public Works. On motion of Senator Ellington, the §796. Short title bill was read by title, ordered engrossed, and passed to a third This Part shall be referred to as the "French reading. Quarter-Marigny Historic Area Management District." §797. Findings; declaration of necessity; and purpose SENATE BILL NO. 299— A. The legislature finds that: BY SENATOR BROOME (1) Hurricane Katrina caused extensive damage to the AN ACT cornerstone of the state's tourism industry, the French Quarter. To enact R.S. 17:7(26), relative to the duties, functions, and (2) Even though Louisiana's most historic district and iconic responsibilities of the State Board of Elementary and Secondary treasure was spared from extensive flooding and looting during Education; to require the State Board of Elementary and the aftermath of Hurricane Katrina, the French Quarter did not Secondary Education to develop, adopt, and provide for the survive the storm unscathed. The French Quarter not only implementation of a visual arts curriculum and a performing arts sustained wind and infrastructure damage, but its damage is curriculum in public schools; to provide implementation continuing to occur due to a tourism drought. timelines and requirements; to provide for the development of (3) The prolonged loss of tourists and visitors has pushed the certain curriculum guides; to provide relative to professional French Quarter's world renowned restaurants, antique stores, development and training; to require certain instruction in visual art galleries, museums, specialty shops, and hotels to the brink of arts and performing arts; to provide for the adoption of rules and closure. The loss of these businesses would create a void in regulations; to provide relative to funding; and to provide for Louisiana's hospitality industry and further tarnish the tourism related matters. appeal of New Orleans and of the state. (4) It is in the best interest and common good of the people Reported with amendments by the Committee on Education. of the state, the city of New Orleans, and the French Quarter, for the French Quarter's tarnished world image to be repaired by SENATE COMMITTEE AMENDMENTS improving the safety and quality of life of its visitors and residents, restoring its damaged or missing infrastructure, Amendments proposed by Senate Committee on Education to addressing its parking and mobility concerns, beautifying its Original Senate Bill No. 299 by Senator Broome appearance, and making it more appealing and inviting for its patrons. AMENDMENT NO. 1 (5) Although the city of New Orleans increased its funding On page 2, delete lines 25 and 26, and insert the following: of sanitation and public safety services in the French Quarter and "including a requirement that sixty minutes of instruction in the Marigny Triangle post-Katrina, the city's resources are limited performing arts and sixty minutes of instruction in the visual arts and must be divided city-wide among its many neighborhoods shall be provided to such students each school week." destroyed by Hurricane Katrina. Therefore, to protect and improve Louisiana's tourism industry and economy and to On motion of Senator Ullo, the committee amendment was preserve public health, safety, and welfare, it is necessary and adopted. The amended bill was read by title and ordered engrossed essential for the state to assist in revitalizing New Orleans' and passed to a third reading. flagging tourism industry by creating and funding an historic area management district to respond to post-Katrina dynamics that is composed of the state's most historic district, the French

384 16th DAY'S PROCEEDINGS Page 23 SENATE May 29, 2007

Quarter, and a section of its third most historic district, the Street and the middle of Iberville Street, appointed by the Faubourg Marigny. Louisiana Hotel and Lodging Association, Inc. B. Purpose. The purpose of the district shall be to (e) One person who is either employed full-time, or owns or strengthen the district as a vital component of Louisiana's operates a hotel, in the Vieux Carre or Faubourg Marigny tourism industry by investing and reinvesting public funds in the sections of the district, appointed by the Louisiana Hotel and district to aid in the preservation of the district's architecture, Lodging Association, Inc. quaint charm, and tout ensemble, to beautify its appearance, to (f) One person who is either employed full-time, or owns or improve public safety, to foster quality experiences and quality operates a business, in the district, appointed by the French of life within its boundaries, and to improve commercial and Quarter Business Association of Louisiana. residential vitality; thereby vastly increasing the quantity of the (g) One person who is either employed full-time, or owns or district's local, national, and international visitors and full-time operates a business, in the district, appointed by the Bourbon residents, as well as to protect and improve the tourism industry Street Merchants Association. and to promote economic development throughout the state. (h) One person who owns a business headquartered in the §798. Definitions district, appointed by the mayor of New Orleans. As used in this Part, unless the context requires otherwise, (i) One person who is domiciled and a qualified elector in the following terms shall have the following meaning: either of the parts of the Vieux Carre designated as VCR-1 or (1) "Board" means the board of commissioners of the VCR-2, appointed by the mayor of New Orleans. French Quarter-Marigny Historic Area Management District. (j) One person who is domiciled, owns or operates a business (2) "City" means the city of New Orleans. located, or is employed full-time, in the district, appointed by the (3) "District" means the French Quarter-Marigny Historic French Quarter Citizens, Inc. Area Management District. (k) One person who is domiciled, owns or operates a §799. Creation of the French Quarter-Marigny Historic Area business, or is employed full-time, in the district, appointed by Management District the Faubourg Marigny Improvement Association, Inc. A. Creation. (1) There is hereby created within the city of (l) One person who is employed full-time or owns or New Orleans a body politic and corporate which shall be known operates a business, in the district, appointed by the New Orleans as the French Quarter-Marigny Historic Area Management Metropolitan Convention and Visitors Bureau, Inc. District. The district shall be a political subdivision of the state, (2) Any qualification or condition that is a prerequisite for as defined in the Constitution of Louisiana, to exist until June 30, a member's appointment to, or membership on, the board shall 2014, unless such date is extended by law. be maintained throughout the member's term of office and (2) The district is created to provide the following functions: membership on the board. Any board member who, during the (a) Enhancing public safety and sanitation within the district member's term of office, fails to maintain any such qualification by financing supplemental safety and sanitation services as the or condition shall be automatically disqualified from membership board deems appropriate. on the board and the office shall become vacant. Prior to the (b) Providing supplemental resources for the enforcement of board taking action to disqualify a member and fill such vacancy, laws and regulations that relate to the quality of life for tourists, at least two weeks written notice shall be given by the board to residents, and businesses within the district as the board deems the appointing authority of the member. The vacancy may be appropriate. filled simultaneous with the occurrence of the vacancy. (c) Engaging in strategic planning, business and commercial (3) Except for the member provided for by R.S. development activities, administering capital improvement funds, 25:799(C)(1)(a), the members of the board shall serve four-year and administering programs. staggered terms. The initial appointees shall draw lots to (d) Taking such actions as may be advisable to enhance determine their terms of office: three members shall serve a commercial, civic, and cultural activity within the district, to two-year term, three members shall serve a three-year term, promote and aid in the conservation and preservation of the three members shall serve a four-year term, and two members district's quaint historic nature, character, qualities, and shall serve a five-year term. architecture, to foster quality events and quality of life in the (4) Any member who misses fifty percent or more of the district, to restore regional character to the district, to attract board's regular meetings in any calendar year shall be locals and tourists to visit the district, to facilitate and promote disqualified and removed automatically from office and that the development and improvement of public infrastructure person's position shall be vacant as of the first day of the next within the district, and to encourage new residents to live in the calendar month. Prior to such a vacancy or disqualification district. occurring, at least two weeks written notice shall be given by the B. Boundaries. The district shall be comprised of the area of board to the appointing authority. Such vacancy may be filled the city of New Orleans lying within the following boundaries: the simultaneously with the occurrence of the vacancy. The former Mississippi River, the center line of Canal Street, the rear member shall not be eligible for reappointment until expiration property line of the properties fronting on the lake side of North of the balance of the vacated term. Rampart Street, the rear property line of the properties fronting (5) Any vacancy in the membership of the board occurring on the downriver side of Esplanade Avenue, the rear property by reason of the expiration of the term of office, death, line of the properties fronting on the lake side of Royal Street, the resignation, disqualification, or otherwise shall be filled in the rear property line of the properties fronting on the upriver side same manner as the original appointment. of Touro Street, the rear property line of the properties fronting (6) Board members shall serve without pay or per diem. The on the lake side of North Rampart Street, and the center line of board may reimburse any member for reasonable and necessary Elysian Fields Avenue to the Mississippi River. expenses actually incurred with the authorization of the board in C. Governance. (1) The district shall be governed by a board the performance of duties on behalf of the district. of commissioners consisting of twelve members as follows: (7) The board shall have the power to organize and (a) The chairman of the Vieux Carre Commission or his reorganize the executive, administrative, clerical, and other designee. departments and forces of the district, and to fix the duties, (b) One person who is either domiciled, owns or operates a powers, and compensation of all employees, agents, and business, or employed full-time, in the district, appointed by the consultants of the district. Vieux Carre Property Owners, Residents and Associates, Inc. (8) The board shall elect yearly from its numbers, a (c) One person who either owns one or more restaurants in chairman, vice chairman, secretary, and treasurer and shall the district or is a corporate representative of a company owning establish their duties as may be regulated by rules adopted by the and operating one or more restaurants in the district, appointed board. The board shall meet in regular session no less than six by the Louisiana Restaurant Association, Inc. times a year and may meet in special session as convened by the (d) One person who is either employed full-time, or owns or chairman or upon written notice of six members, upon giving at operates a hotel, in the district between the center line of Canal least seventy-two hours written notice to all members. A

385 Page 24 SENATE 16th DAY'S PROCEEDINGS May 29, 2007 majority of the board members, not including vacancies, shall beautify its appearance, to address its hospitality needs and its constitute a quorum. Except as provided in Paragraph (9) of this transportation and parking concerns, and to increase its Subsection, actions of the board require approval by the marketability and its tourism and residential appeal. affirmative vote of a majority of the members present and voting. (2) Notwithstanding any law to the contrary, this Part shall (9) No action of the board shall be authorized on any of the apply to the Vieux Carre section of the city. However, prior to following, unless approved by a majority of the total board any work of the board or the district on, abutting or affecting the membership: exterior of a building or a public sidewalk, street, or space in the (a) The adoption of bylaws and other rules and regulations Vieux Carre, or the appearance of the Vieux Carre, the proposed for conduct of the district's business. work shall be submitted to the Vieux Carre Commission for its (b) The hiring and firing of the district's administrator, who recommendation and approval. may be the administrator of the Downtown Development District. (3) The board, the district, or both shall obtain permits as (c) The adoption or amending of the annual budget. necessary and appropriate. (d) The election of officers. F. Funding. Funding for the district shall be in accordance (10) The board shall cause minutes and a record to be kept with R.S. 47:332.53. of all its proceedings. The board shall select a newspaper of G. Specifically included, though not limited hereby, under general circulation within its territorial jurisdiction as its official the purposes, objects, and powers of the district are the following journal in which it shall publish its minutes, and in which it shall within the district: publish all official notices as are required by law. (1) Creating and maintaining restroom facilities. (11) All board meetings shall be in accordance with the Open (2) Beautifying the district, improving its streetscapes and Meetings Law. the quality of its frontage, and making cosmetic improvements D.(1) In addition to the powers and duties elsewhere granted within the district. in this Section, the board is hereby granted and shall have and (3) Enhancing the district's walkability and pedestrian- may exercise all powers necessary or convenient for the carrying friendly environment. out of its objectives and purposes, including but not limited to the (4) Revitalizing and nurturing cultural, historical, heritage, following: and preservation of tourism. (a) To sue and be sued, and as such, to stand in judgment. (5) Providing facade grants and incentives to utilize vacant (b) To adopt, use, and alter at will a corporate seal. buildings, upper floors, and land. (c) To acquire by gift, grant, purchase, lease, or otherwise (6) Addressing transportation concerns. and to hold and use any property, real, personal, mixed, tangible, (7) Facilitating parking and mobility planning, strategies, or intangible, or any interest therein, necessary or desirable for and management. carrying out the objects and purposes of the district. (8) Improving commercial and residential vitality and (d) To sell, transfer, lease or convey any property acquired developing and implementing commercial planning, marketing, by it, or any interest therein, at any time to accomplish the and recruiting strategies. objects and purposes of the district subject to applicable law. (9) Facilitating lighting and signage upgrades, repairs, and Any such sale, transfer, lease or conveyance shall provide for a replacements. fair and equitable return of revenue to the district. (10) Aiding in the repair and upkeep of sidewalks, streets, (e) To enter into contracts to achieve the district's objectives and related infrastructure. and purposes. (11) Aiding in video camera installation and monitoring. (f) To appoint officers, agents, and employees, prescribe (12) Recruiting public amenities and services. their duties, and fix their compensation. (13) Fostering visually stimulating and quality pedestrian (g) To enter into cooperative endeavors or other contractual experiences. arrangement with the Downtown Development District for the (14) Fostering regional and district character. purposes of providing administration, management, and (15) Facilitating the removal and prevention of graffiti. operation services for the district and to provide for reasonable H. Nothing in the Part is intended nor shall be deemed to compensation for such services which the Downtown change or affect the structure or organization or the particular Development District is hereby authorized to enter into. distribution and redistribution of the powers and functions of the (h) To establish such funds or accounts as are necessary to home rule charter of the city. conduct the affairs of the district. Section 2. R.S. 47:332.53 is hereby enacted to read as follows: (i) To adopt rules and regulations to implement the §332.53. Disposition of certain collections in Orleans Parish provisions of this Part. Any rule or regulation promulgated or A. Except as provided for in R.S. 47:332.10, the avails of the adopted by the board shall be subject to legislative oversight by tax imposed by R.S. 47:331 and collected from within the French the House Commerce Committee and the Senate Committee on Quarter-Marigny Historic Area Management District in Orleans Commerce, Consumer Protection, and International Affairs in Parish under the provisions of R.S. 47:331 and 332 in each fiscal accordance with the Administrative Procedure Act. year shall be credited to the Bond Security and Redemption (2) Notwithstanding any power or authority granted Fund, and after a sufficient amount is allocated from that fund elsewhere in this Part, the board shall have no power or to pay all the obligations secured by the full faith and credit of authority: the state which become due and payable within any fiscal year, (a) To supersede the home rule powers and functions of the the treasurer shall pay the remainder of such funds into a special city. fund which is hereby created in the state treasury and designated (b) Related to levying taxes, creating bond indebtedness, as the "French Quarter-Marigny Historic Area Management exercising eminent domain, zoning, regulating historic District Fund." preservation or land use, permitting, or prosecuting or citing B. The monies in the French Quarter-Marigny Historic violations. Area Management District Fund shall be appropriated each (3) The board shall submit a report to the House Commerce fiscal year by the legislature. The monies in the fund shall be Committee and the Senate Committee on Commerce, Consumer appropriated to the French Quarter-Marigny Historic Area Protection, and International Affairs, no later than October first Management District. All unexpended and unencumbered of each year, relative to the activities and finances of the district monies in the fund shall remain in the fund. The monies in the during the immediately preceding fiscal year. The committees fund shall be invested by the treasurer in the same manner as the may also review the activities or finances of the district at such monies in the state general fund, and all interest earned shall be times as either or both committees deem appropriate. deposited into the fund. E.(1) All powers of the board shall be exercised for the best Section 3. This Act shall become effective upon signature by interest of the district to aid in the improvement of public safety, the governor or, if not signed by the governor, upon expiration of the quality of life, and infrastructure in the district, to aid in the time for bills to become law without signature by the governor, as preservation of its history, character, charm, and architecture, to provided by Article III, Section 18 of the Constitution of Louisiana.

386 16th DAY'S PROCEEDINGS Page 25 SENATE May 29, 2007

If vetoed by the governor and subsequently approved by the "Section 1. R.S. 38:346 is hereby enacted to read as follows:" legislature, this Act shall become effective on the day following such approval. AMENDMENT NO. 5 On page 2, delete lines 1 through 29 On motion of Senator Fields, the committee substitute bill was adopted and becomes Senate Bill No. 364 by Senator Murray, AMENDMENT NO. 6 substitute for Senate Bill No. 300 by Senator Murray. On page 3, delete lines 1 through 16 SENATE BILL NO. 364— (Substitute of Senate Bill No. 300 by AMENDMENT NO. 7 Senator Murray) On page 3, line 17 after "Authority;" insert "advising the division BY SENATOR MURRAY of administration on the" AN ACT To enact Part V of Chapter 16 of Title 25 of the Louisiana Revised AMENDMENT NO. 8 Statute of 1950, comprised of R.S. 25:796 through 799, and to On page 3, at the end of line 26 delete ""managing" and insert enact R.S. 47:332.53, relative to Orleans Parish; to create the "advising entity" French Quarter-Marigny Historic Area Management District; to provide relative to the purposes, governance, duties and AMENDMENT NO. 9 authority of the district; to provide relative to funds of the On page 3, at the beginning of line 27 delete "entity" as provided district; to provide for an effective date; and to provide for for in R.S. 38:330.12" related matters. AMENDMENT NO. 10 The bill was read by title; lies over under the rules. On page 3, at the beginning line 28 change "managing" to "advising the division of administration on" SENATE BILL NO. 310— BY SENATOR DUPLESSIS AND REPRESENTATIVE K. CARTER AN ACT AMENDMENT NO. 11 To amend and reenact R.S. 38:281(9), 291(K)(1), 330.12(A), and On page 4, at the end of line 2 change "Subsection F" to 336(A) and to enact R.S. 38:281(10), relative to the Orleans "Subsection E" Levee District; to clarify and provide for the ownership and management of certain property of the district; to provide for an AMENDMENT NO. 12 effective date; and to provide for related matters. On page 4, delete lines 10 through 17 Reported favorably by the Committee on Transportation, AMENDMENT NO. 13 Highways and Public Works. On motion of Senator Ellington, the On page 5, delete lines 25 through 29 bill was read by title, ordered engrossed, and passed to a third AMENDMENT NO. 14 reading. On page 6, delete lines 1 through 15 SENATE BILL NO. 318— BY SENATOR SHEPHERD AMENDMENT NO. 15 AN ACT On page 6, at the beginning of line 16 change "(8)" to "(1)" To amend and reenact R.S. 38:330.12(A), (B), (C), and (D), and to enact R.S. 38:330.12(F) and 346, relative to the management of AMENDMENT NO. 16 non-flood protection functions and activities of certain levee On page 6, line 17 delete "its management" and insert "the districts; to create the Greater New Orleans Economic management of the division of administration" Development Authority; to provide for its membership; to provide for its powers, duties, and functions; to provide for the AMENDMENT NO. 17 transfer of operation, administration, and management authority On page 6, at the beginning of line 19 change "(9)" to "(2)" of non-flood protection functions and activities of the Orleans Levee District from the division of administration to the AMENDMENT NO. 18 authority; to provide for effectiveness; and to provide for related On page 6, at the beginning of line 23 change "(10)" to "(3)" matters. AMENDMENT NO. 19 Reported with amendments by the Committee on Local and On page 6, delete lines 25 through 29 Municipal Affairs. AMENDMENT NO. 20 SENATE COMMITTEE AMENDMENTS On page 7, delete lines 1 through 12 Amendments proposed by Senate Committee on Local and Municipal AMENDMENT NO. 21 Affairs to Original Senate Bill No. 318 by Senator Shepherd On page 7, at the beginning of line 13 change "E." to "D." AMENDMENT NO. 1 AMENDMENT NO. 22 On page 1, line 2 after "To" delete the remainder of the line On page 7, at the beginning of line 16 change "F." to "E." AMENDMENT NO. 2 AMENDMENT NO. 23 On page 1, at the beginning of line 3 delete "and" and insert "enact On page 7, line 17 after "limited to" insert "advising the division of R.S. 38:" and after "to" delete "the" and insert "advising the division administration on" of administration on the" AMENDMENT NO. 24 AMENDMENT NO. 3 On page 7, delete lines 21 through 29 and insert the following: On page 1, line 6 after "functions;" delete the remainder of the line "(1) New Orleans Lakefront Airport. and delete line 7 and on line 8 delete "District from the division of (2) Lakefront Subdivision lanes and parks. administration to the authority;" (3) Lakeshore Drive and adjacent parks and green-space. (4) Mardi Gras Fountain. AMENDMENT NO. 4 (5) Lake Vista Community Center. On page 1, delete lines 12 through 17 and insert the following: (6) Former Naval Reserve Station.

387 Page 26 SENATE 16th DAY'S PROCEEDINGS May 29, 2007

(7) New Basin Canal Properties. On motion of Senator Mount, the committee amendment was (8) Orleans Marina. adopted. The amended bill was read by title and ordered engrossed (9) Seabrook boat launch and the Frank Davis fishing pier. and passed to a third reading. (10) Senator Ted Hickey Bridge. (11) South Shore Harbor and North Peninsula. SENATE BILL NO. 331— (12) The police station on Elysian Fields and in the Loft BY SENATORS ELLINGTON, CAIN, N. GAUTREAUX, MALONE AND NEVERS Building within the Franklin Avenue complex." AN ACT To amend and reenact R.S. 47:301(3)(j) and (13)(m), and to repeal AMENDMENT NO. 25 R.S. 47:302(T), 321(J), and 331(R), relative to exclusions from On page 8, delete lines 1 through 18 the sales and use tax of the state and any political subdivision whose boundaries are coterminous with those of the state; to AMENDMENT NO. 26 provide for an exclusion for the sales price and cost price of On page 8, at the beginning of line 19 change "(2)" to "(13)" electric power or energy and natural gas used by certain AMENDMENT NO. 27 taxpayers; to provide for an effective date; and to provide for On page 8, at the beginning of line 22 change "(3)" to "(14)" related matters. On motion of Senator Fields, the committee amendment was Reported favorably by the Committee on Revenue and Fiscal adopted. The amended bill was read by title and ordered engrossed Affairs. On motion of Senator Mount, the bill was read by title, and passed to a third reading. ordered engrossed, and passed to a third reading. SENATE BILL NO. 332— SENATE BILL NO. 328— BY SENATOR NEVERS BY SENATORS HOLLIS, N. GAUTREAUX, MALONE, MARIONNEAUX AND NEVERS AN ACT AN ACT To enact R.S. 47:6026, relative to tax credits; to authorize a To enact R.S. 47:6026, relative to income tax credits; to provide for procedure for granting apprenticeship tax credits against income a refundable credit against state income taxes to certain and corporation franchise tax to certain employers; and to taxpayers for their property and casualty insurance premium; to provide for related matters. provide for an effective date; and to provide for related matters. Reported with amendments by the Committee on Revenue and Reported with amendments by the Committee on Revenue and Fiscal Affairs. Fiscal Affairs. SENATE COMMITTEE AMENDMENTS SENATE COMMITTEE AMENDMENTS Amendments proposed by Senate Committee on Revenue and Fiscal Amendments proposed by Senate Committee on Revenue and Fiscal Affairs to Original Senate Bill No. 332 by Senator Nevers Affairs to Original Senate Bill No. 328 by Senator Hollis AMENDMENT NO. 1 AMENDMENT NO. 1 On page 1, line 13, delete "who may not" and on line 14 delete "be On page 1, delete line 2, and insert: "To enact R.S. 47:293(2) and college bound" (6)(a)(i), relative to income tax; to provide for a deduction" AMENDMENT NO. 2 AMENDMENT NO. 2 On page 2, line 21, after "such corporation." delete the remainder On page 1, line 3, change "income taxes to" to "taxable income for" of the line and delete lines 22 through 27 AMENDMENT NO. 3 AMENDMENT NO. 3 On page 1, delete lines 7 through 17, and on page 2, delete lines 1 On page 3, delete lines 20 through 22 and insert the following: through 14, and insert: "E. The Department of Labor, in consultation with the "Section 1. R.S. 47:293(2) and (6)(a)(i) are hereby enacted to Department of Revenue, shall promulgate rules and regulations read as follows: to carry out the purposes of this Section." §293. Definitions The following definitions shall apply throughout this Part, unless On motion of Senator Mount, the committee amendment was the context requires otherwise: adopted. The amended bill was read by title and ordered engrossed * * * and passed to a third reading. (2) "Homeowner's insurance premium deduction" for the purposes of this Part, means fifty-seven and one-half percent of SENATE BILL NO. 338— the amount by which the individual's homeowner's insurance BY SENATOR SCHEDLER premiums paid to insure a residence in the state for the tax year AN ACT exceeds the amount of the credit provided for regular assessments To amend and reenact Section 2.1(G)(1) and to enact Section 2.1(P) or emergency assessments levied by the Louisiana Citizens of Act No. 180 of the 1984 Regular Session of the Legislature, Property Insurance Corporation in R.S. 47:6025 for the tax year. as amended by Act No. 562 of the 2003 Regular Session of the * * * Legislature, Act No. 1214 of the 2003 Regular Session of the (6)(a) "Tax Table Income", for resident individuals, means Legislature, and Act No. 682 of the 2004 Regular Session of the adjusted gross income plus interest on obligations of a state or Legislature, relative to St. Tammany Parish Hospital Service political subdivision thereof, other than Louisiana and its District No. 2; to provide for term limits; to provide relative to municipalities, title to which obligations vested with the resident certain members of the board of commissioners; and to provide individual on or subsequent to January 1, 1980, and less: for related matters. (i) Homeowner's insurance premium deduction. * * * Reported favorably by the Committee on Local and Municipal Section 2. This Act shall apply to all tax years beginning after Affairs. On motion of Senator Fields, the bill was read by title, December 31, 2006." ordered engrossed, and passed to a third reading. AMENDMENT NO. 4 On page 2, line 15, change "Section 2." to "Section 3."

388 16th DAY'S PROCEEDINGS Page 27 SENATE May 29, 2007

SENATE BILL NO. 339— Reported favorably by the Committee on Judiciary A. Under the BY SENATOR FONTENOT provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was AN ACT read by title and referred to the Legislative Bureau. To amend and reenact R. S. 47:6021(C)(1), (D), and (E)(5) and to enact R.S. 47:6021(I), relative to income tax credits; to provide HOUSE BILL NO. 74— relative to income tax credits for brownfields investors; to BY REPRESENTATIVES CROWE AND STRAIN increase the percentage of investment eligible for credit; to AN ACT revise the application and approval process; to authorize the To enact R.S. 33:1573.1, relative to the office of the coroner of St. credits to be transferred; and to provide for related matters. Tammany Parish; to provide relative to the receipt by the coroner of certain ad valorem tax revenues; to provide relative Reported with amendments by the Committee on Revenue and to a cooperative endeavor agreement between the parish and the Fiscal Affairs. coroner; to provide for the powers and duties of the specified office of the coroner and the fiscal operation of the coroner's SENATE COMMITTEE AMENDMENTS office; to provide for salaries; to provide for an annual report; and to provide for related matters. Amendments proposed by Senate Committee on Revenue and Fiscal Affairs to Original Senate Bill No. 339 by Senator Fontenot 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. 1 Senate, the bill was read by title and referred to the Legislative On page 2, at the end of line 15, delete the period "." and insert: "as Bureau. provided for in Subsection(D)(2)(a)(ii) and (D)(2)(b)(ii) of this Section. HOUSE BILL NO. 392— (c) No credit shall be allowed under this Section for any BY REPRESENTATIVE MORRELL expenditures for which a taxpayer receives a credit, rebate, or AN ACT other tax incentive granted by the state under any other To amend and reenact Code of Criminal Procedure Article provision of law." 404(A)(2), relative to the appointment of the jury commission in Orleans Parish; to provide for the appointment by the en banc AMENDMENT NO. 2 judges of the criminal district court; to provide for appointment On page 5, line 4, change "production" to "site" by the en banc judges of the Criminal Division of the Forty-First Judicial District Court with the concurrence of the judges en On motion of Senator Mount, the committee amendment was banc civil division; to provide that the commissioners shall adopted. The amended bill was read by title and ordered engrossed serve at the pleasure of the court; and to provide for related and passed to a third reading. matters. SENATE BILL NO. 345— Reported favorably by the Committee on Judiciary A. Under the BY SENATOR ROMERO provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was AN ACT read by title and referred to the Legislative Bureau. To enact R.S. 39:562(N), relative to the general obligation bonds limit of indebtedness; to provide for the limit of indebtedness of HOUSE BILL NO. 780— parishes and any parish wide hurricane flood protection and BY REPRESENTATIVE FAUCHEUX AND SENATOR CHAISSON drainage district for certain purposes; to provide certain terms AN ACT and conditions; and to provide for related matters. To enact R.S. 9:203(E)(5), relative to marriage officiants, judges, and justices of the peace; to provide for the extension of authority Reported favorably by the Committee on Revenue and Fiscal for certain federal judges to preside over a marriage ceremony Affairs. On motion of Senator Mount, the bill was read by title, for a particular period of time; and to provide for related ordered engrossed, and passed to a third reading. matters. SENATE BILL NO. 346— Reported with amendments by the Committee on Judiciary A. BY SENATORS BROOME, CAIN, DUPLESSIS, DUPRE, N. GAUTREAUX, KOSTELKA, MALONE, MICHOT, MOUNT AND NEVERS SENATE COMMITTEE AMENDMENTS AN ACT To enact R.S. 47:293(2) and (6)(a)(i), relative to income tax Amendments proposed by Senate Committee on Judiciary A to deductions; to provide for a marriage strengthening income tax Reengrossed House Bill No. 780 by Representative Faucheux deduction; and to provide for related matters. AMENDMENT NO. 1 Reported favorably by the Committee on Revenue and Fiscal On page 1, delete lines 16 through 18 in their entirety Affairs. On motion of Senator Mount, the bill was read by title, ordered engrossed, and passed to a third reading. On motion of Senator Chaisson, the committee amendment was adopted. Under the provisions of Joint Rule No. 3 of the Rules of the House Bills and Joint Resolutions Senate, the amended bill was read by title and referred to the on Second Reading Legislative Bureau. Reported by Committees Senate Bills and Joint Resolutions Senator Ullo asked for and obtained a suspension of the rules to on Second Reading take up at this time the following House Bills and Joint Resolutions Reported by Committees just reported by Committees. The following Senate Bills and Joint Resolutions reported by HOUSE BILL NO. 32— Committees were taken up and acted upon as follows: BY REPRESENTATIVE HILL AN ACT SENATE BILL NO. 117— To enact R.S. 13:2619, relative to the justice of the peace court in BY SENATOR MALONE Ward 1 of Allen Parish; to authorize the constable of the court AN ACT to utilize certain surplus automobiles; and to provide for related To enact R.S. 56:292, relative to wild quadrupeds; to prohibit the matters. feeding of wild alligators; to provide exceptions; to provide terms and penalties; and to provide for related matters.

389 Page 28 SENATE 16th DAY'S PROCEEDINGS May 29, 2007

Boasso Hollis Romero Reported with amendments by the Committee on Natural Broome Jackson Schedler Resources. Cain Jones Shepherd Cassidy Kostelka Smith SENATE COMMITTEE AMENDMENTS Chaisson Lentini Theunissen Cheek Malone Ullo Amendments proposed by Senate Committee on Natural Resources Cravins Marionneaux to Original Senate Bill No. 117 by Senator Malone Duplessis McPherson Total - 37 AMENDMENT NO. 1 NAYS On page 1, line 14, after "alligators" and before the period, insert ", or (3) a swamp tour operator, registered with the department on Total - 0 a form provided by the department, who maintains at least fifty ABSENT thousand dollars in general liability insurance and who does not feed a wild alligator within one thousand feet of a residence, Fontenot Heitmeier structure or building" Total - 2 On motion of Senator Malone, the committee amendment was The Chair declared the Senate had adopted the amended Senate adopted. The amended bill was read by title and ordered engrossed Concurrent Resolution and ordered it engrossed and sent to the and passed to a third reading. House. Senator Ellington in the Chair Senate Bills and Joint Resolutions on Third Reading Senate and Concurrent Resolutions and Final Passage on Second Reading Reported by Committees The following Senate Bills and Joint Resolutions on Third Reading and Final Passage were taken up and acted upon as follows: The following Senate and Concurrent Resolutions reported by Committees were taken up and acted upon as follows: SENATE BILL NO. 208— BY SENATOR MOUNT SENATE CONCURRENT RESOLUTION NO. 64— AN ACT BY SENATOR JONES To enact Children's Code Article 603(13)(h) and Subpart G of Part III A CONCURRENT RESOLUTION of Chapter 1 of Code Title V of Code Book I of Title 9 of the To urge and request every mayor, sheriff and chief of police for the Louisiana Revised Statutes of 1950, to be comprised of R.S. state of Louisiana to make available the opportunity for every 9:358.1 through 358.9, relative to parenting coordinators; to person who has been arrested, but not convicted of a crime, the provide for the appointment of a parenting coordinator in child right to vote absentee in the fall 2007 election. custody cases; to provide for the qualifications of persons who may act as a parenting coordinator; to provide for the duties of Reported with amendments by the Committee on Senate and the parenting coordinator; to provide for the payment of costs; Governmental Affairs. to provide for the reporting of child abuse; to provide definitions, terms, procedures, and requirements; and to provide SENATE COMMITTEE AMENDMENTS for related matters. Amendments proposed by Senate Committee on Senate and Floor Amendments Sent Up Governmental Affairs to Original Senate Concurrent Resolution No. 64 by Senator Jones Senator Mount sent up floor amendments which were read. AMENDMENT NO. 1 SENATE FLOOR AMENDMENTS On page 1, line 4 change "election" to "elections" Amendments proposed by Senator Mount to Engrossed Senate Bill AMENDMENT NO. 2 No. 208 by Senator Mount On page 2, line 2 change "election" to "elections" AMENDMENT NO. 1 AMENDMENT NO. 3 On page 2, at the end of line 17, insert "No parenting coordinator On page 2, line 4 after "chief of police" insert "in the state" shall be appointed by the court if a party has been granted pauper status or is unable to pay his apportioned cost of the On motion of Senator Jones, the committee amendment was parenting coordinator." adopted. On motion of Senator Mount, the amendments were adopted. The resolution was read by title. Senator Jones moved to adopt the amended Senate Concurrent Resolution. The bill was read by title. Senator Mount moved the final passage of the amended 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 Michot Adley Ellington Mount Mr President Dupre McPherson Amedee Fields Murray Adley Ellington Michot Bajoie Gautreaux B Nevers Amedee Fields Mount Barham Gautreaux N Quinn Bajoie Gautreaux B Murray

390 16th DAY'S PROCEEDINGS Page 29 SENATE May 29, 2007

Barham Gautreaux N Nevers The bill was read by title. Senator Lentini moved the final Boasso Heitmeier Quinn passage of the bill. Broome Hollis Romero Cain Jackson Shepherd ROLL CALL Cassidy Jones Smith Chaisson Kostelka Theunissen The roll was called with the following result: Cheek Lentini Ullo Cravins Malone YEAS Duplessis Marionneaux Total - 37 Mr President Dupre McPherson NAYS Adley Ellington Michot Amedee Fields Mount Total - 0 Bajoie Gautreaux B Murray ABSENT Barham Gautreaux N Nevers Boasso Heitmeier Quinn Fontenot Schedler Broome Hollis Romero Total - 2 Cain Jackson Schedler Cassidy Jones Smith The Chair declared the amended bill was passed. The title was Chaisson Kostelka Theunissen read and adopted. Senator Mount moved to reconsider the vote by Cheek Lentini Ullo which the bill was passed and laid the motion on the table. Cravins Malone Duplessis Marionneaux SENATE BILL NO. 288— Total - 37 BY SENATORS B. GAUTREAUX AND ULLO AN ACT NAYS To amend and reenact R.S. 30:2522(7) and to enact R.S. 30:2525(C)(20), relative to Statewide Beautification; to provide Total - 0 for litter reduction; to establish regional litter abatement study ABSENT groups; to provide for their composition, powers, and duties; to provide terms and conditions; to provide for an effective date; Fontenot Shepherd and to provide for related matters. Total - 2 The Chair declared the bill was passed. The title was read and The bill was read by title. Senator B. Gautreaux moved the final adopted. Senator Lentini moved to reconsider the vote by which the passage of the bill. bill was passed and laid the motion on the table. ROLL CALL SENATE BILL NO. 361— (Substitute of Senate Bill No. 189 by Senator Duplessis) The roll was called with the following result: BY SENATORS DUPLESSIS, CHAISSON, HINES, KOSTELKA, MICHOT, MOUNT, NEVERS, DUPRE, N. GAUTREAUX, MURRAY AND SCHEDLER AND REPRESENTATIVES BALDONE, BRUCE, K. CARTER, CAZAYOUX, YEAS DORSEY, DOWNS, DURAND, FARRAR, ELCIE GUILLORY, HILL, KATZ, LAFLEUR, LAFONTA, PINAC, SALTER, GARY SMITH, ST. GERMAIN, Mr President Dupre McPherson TOWNSEND AND WALSWORTH Adley Ellington Michot AN ACT Amedee Fields Mount To enact Chapter 2 of Subtitle VII of the Louisiana Revised Statutes Bajoie Gautreaux B Murray of 1950, to be composed of R.S. 47:6101 through 6109, relative Barham Gautreaux N Nevers to tax credits; to provide for tax credits for individuals for child Boasso Heitmeier Quinn care expenses, for child care providers, for child care directors Broome Hollis Romero and staff, and for businesses providing or assisting child care Cain Jackson Schedler programs; to authorize the Department of Social Services to Cassidy Jones Shepherd establish certain criteria and systems to determine eligibility for Chaisson Kostelka Smith the kind and amount of tax credits; and to provide for related Cheek Lentini Theunissen matters. Cravins Malone Ullo Duplessis Marionneaux Floor Amendments Sent Up Total - 38 NAYS Senator Lentini sent up floor amendments which were read. Total - 0 SENATE FLOOR AMENDMENTS ABSENT Amendments proposed by Senator Lentini on behalf of the Fontenot Legislative Bureau to Engrossed Senate Bill No. 361 by Senator Total - 1 Duplessis The Chair declared the bill was passed. The title was read and AMENDMENT NO. 1 adopted. Senator B. Gautreaux moved to reconsider the vote by On page 1, line 17, following "school" and before "may" change which the bill was passed and laid the motion on the table. "failure" to "failures" SENATE BILL NO. 315— AMENDMENT NO. 2 BY SENATOR ELLINGTON On page 2, line 9, following "this" and before "," change "Section" AN ACT to "Chapter" To enact Code of Civil Procedure Article 3036, relative to successions, testament, and probate; to provide certain terms, AMENDMENT NO. 3 conditions, and procedures; to provide relative to legatees; to On page 8, line 4, following "Title" and before "," delete "47" provide certain notice requirements for legatees under certain circumstances; and to provide for related matters.

391 Page 30 SENATE 16th DAY'S PROCEEDINGS May 29, 2007

On motion of Senator Lentini, the amendments were adopted. Adley Ellington McPherson Amedee Fields Michot Floor Amendments Sent Up Bajoie Gautreaux B Mount Barham Gautreaux N Murray Senator Duplessis sent up floor amendments which were read. Boasso Heitmeier Nevers Broome Hollis Quinn SENATE FLOOR AMENDMENTS Cain Jackson Romero Cassidy Jones Schedler Amendments proposed by Senator Duplessis to Engrossed Senate Bill Chaisson Kostelka Smith No. 361 by Senator Duplessis Cheek Lentini Theunissen Cravins Malone Ullo AMENDMENT NO. 1 Total - 36 On page 9, line 17, change "Paragraph" to "Section" NAYS On motion of Senator Duplessis, the amendments were adopted. Total - 0 ABSENT The bill was read by title. Senator Duplessis moved the final passage of the amended bill. Duplessis Fontenot Shepherd Total - 3 ROLL CALL The Chair declared the bill was passed. The title was read and adopted. Senator Cassidy 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 SENATE BILL NO. 22— BY SENATOR BOASSO Mr President Dupre McPherson AN ACT Adley Ellington Michot To amend and reenact R.S. 18:1300.2(B) and 1300.3(A), relative to Amedee Fields Mount recall elections; to provide for the collection of electors' Bajoie Gautreaux B Murray signatures on recall petitions; to provide for registrar of voters Barham Gautreaux N Nevers certification; to provide for the total number of voters in a Boasso Heitmeier Quinn voting area; to provide for a definition of statewide elected Broome Hollis Romero official; to provide for statewide elected officials and state Cain Jackson Schedler legislators; and to provide for related matters. Cassidy Jones Smith Chaisson Kostelka Theunissen On motion of Senator Boasso, the bill was read by title and Cheek Lentini Ullo returned to the Calendar, subject to call. Cravins Malone Duplessis Marionneaux Total - 37 Mr. President in the Chair NAYS SENATE BILL NO. 74— BY SENATOR DUPRE Total - 0 AN ACT ABSENT To enact R.S. 40:2116(D)(4), relative to nursing facilities in Lafourche Parish; to except the relocation of nursing facilities Fontenot Shepherd in the parish from the moratorium on any additional nursing Total - 2 facilities or additional beds in nursing facilities under certain circumstances; to provide for an effective date; and to provide The Chair declared the amended bill was passed. The title was for related matters. read and adopted. Senator Duplessis moved to reconsider the vote by which the bill was passed and laid the motion on the table. Floor Amendments Sent Up SENATE BILL NO. 362— (Substitute of Senate Bill No. 311 by Senator Cassidy) Senator Dupre sent up floor amendments which were read. BY SENATORS CASSIDY, BOASSO, BROOME, CHEEK, CRAVINS, DUPLESSIS, ELLINGTON, FONTENOT, HINES, MICHOT, MOUNT, SENATE FLOOR AMENDMENTS QUINN, ROMERO AND SHEPHERD AN ACT Amendments proposed by Senator Dupre to Engrossed Senate Bill To enact R.S. 17:17.4, relative to health and physical education; to No. 74 by Senator Dupre provide for a health and physical education coordinator in the Department of Education, to provide relative to qualifications AMENDMENT NO. 1 and duties; to provide for monitoring and reporting On page 1, at the end of line 17, insert "The buildings and grounds requirements; to provide relative to implementation; to provide constituting the original nursing facility to be vacated may be for an effective date; and to provide for related matters. offered by donation to the state, political subdivision, or other public entity for uses consistent with public purposes." The bill was read by title. Senator Cassidy moved the final passage of the bill. On motion of Senator Dupre, the amendments were adopted. ROLL CALL The bill was read by title. Senator Dupre moved the final passage of the amended bill. The roll was called with the following result: YEAS Mr President Dupre Marionneaux

392 16th DAY'S PROCEEDINGS Page 31 SENATE May 29, 2007

ROLL CALL SENATE BILL NO. 223— BY SENATOR MICHOT AN ACT The roll was called with the following result: To amend and reenact R.S. 22:681 and R.S. 32:861(B)(2), (C)(1)(a) and (b), and 900(B)(2)(a), (b) and (c), relative to motor vehicle YEAS insurance; to provide for compulsory motor vehicle liability Mr President Dupre McPherson insurance limits; to provide for security and proof of financial Adley Ellington Michot responsibility; to increase the amount of insurance or security Amedee Fields Mount required; to increase the amount of deposit required in lieu of Bajoie Gautreaux B Murray liability bond or policy; to provide insurance coverage for rental Barham Gautreaux N Nevers motor vehicles; and to provide for related matters. Boasso Heitmeier Quinn Broome Hollis Romero The bill was read by title. Senator Michot moved the final Cain Jackson Schedler passage of the bill. Cassidy Jones Shepherd Chaisson Kostelka Smith ROLL CALL Cheek Lentini Theunissen Cravins Malone Ullo The roll was called with the following result: Duplessis Marionneaux Total - 38 YEAS NAYS Amedee Dupre Quinn Total - 0 Barham Ellington Romero ABSENT Boasso Jones Schedler Broome Malone Smith Fontenot Cassidy McPherson Theunissen Total - 1 Chaisson Michot Ullo Cravins Murray The Chair declared the amended bill was passed. The title was Duplessis Nevers read and adopted. Senator Dupre moved to reconsider the vote by Total - 22 which the bill was passed and laid the motion on the table. NAYS SENATE BILL NO. 93— Adley Gautreaux B Jackson BY SENATOR NEVERS Bajoie Gautreaux N Kostelka AN ACT Cheek Heitmeier Marionneaux To amend and reenact R.S. 22:215.5(A) and to enact R.S. Fields Hollis Shepherd 22:215.5(C) and (D), relative to health insurance; to provide for Total - 12 health insurance coverage for mental illness; to require coverage ABSENT for treatment for drugs and alcoholism under the same coverages and terms as those which are provided for the treatment of other Mr President Fontenot Mount illnesses; to exempt certain individual and limited benefit Cain Lentini policies from mandated coverage; and to provide for related Total - 5 matters. The Chair declared the bill was passed. The title was read and On motion of Senator Nevers, the bill was read by title and adopted. Senator Michot moved to reconsider the vote by which the returned to the Calendar, subject to call. bill was passed and laid the motion on the table. SENATE BILL NO. 97— SENATE BILL NO. 226— BY SENATOR SCHEDLER BY SENATOR FONTENOT AN ACT AN ACT To enact R.S. 40:2116(D)(4), relative to nursing facilities; to except To amend and reenact R.S. 40:4(A)(2)(b)(ii), (iii), (iv), and (v) and nursing facilities from the moratorium on additional beds for to enact R.S. 40:4(A)(2)(b)(vi) and (vii), relative to the sanitary nursing facilities under certain circumstances; and to provide for code; to provide for home-generated sharps waste; to provide for related matters. the packaging, storage, treatment, and transportation of home- generated sharps waste; and to provide for related matters. On motion of Senator Schedler, the bill was read by title and returned to the Calendar, subject to call. On motion of Senator Bajoie, the bill was read by title and returned to the Calendar, subject to call. SENATE BILL NO. 104— BY SENATOR JACKSON SENATE BILL NO. 240— AN ACT BY SENATOR AMEDEE To enact Chapter 53 of Title 51 of the Louisiana Revised Statutes of AN ACT 1950, to be comprised of R.S. 51:3101 through 3109, relative to To enact R.S. 40:1730.49, relative to commercial regulations; to banks and banking; to establish banking development districts provide for energy efficiency and conservation requirements for in certain areas; to authorize the commissioner of the Office of state-funded major facility projects; to provide for the design, Financial Institutions to promulgate certain rules and construction, and certification of certain major facility projects; regulations; to provide criteria for establishing banking services to provide for rules and regulations; to provide for inspections; in the proposed district; to provide for an application process; to and to provide for related matters. allow for the deposit of certain public funds in certain financial institutions; to authorize the abatement of taxes for a financial Floor Amendments Sent Up institution located in the district; and to provide for related matters. Senator Lentini sent up floor amendments which were read. On motion of Senator Jackson, the bill was read by title and returned to the Calendar, subject to call.

393 Page 32 SENATE 16th DAY'S PROCEEDINGS May 29, 2007

SENATE FLOOR AMENDMENTS Cravins Malone Ullo Duplessis Marionneaux Amendments proposed by Senator Lentini on behalf of the Total - 35 Legislative Bureau to Engrossed Senate Bill No. 240 by Senator NAYS Amedee Total - 0 AMENDMENT NO. 1 ABSENT On page 2, line 15, following "exceed" and before "the" insert "the requirements of" Cain Lentini Fontenot Quinn On motion of Senator Lentini, the amendments were adopted. Total - 4 The bill was read by title. Senator Amedee moved the final The Chair declared the bill was passed. The title was read and passage of the amended bill. adopted. Senator Boasso moved to reconsider the vote by which the bill was passed and laid the motion on the table. ROLL CALL Notice Regarding Vote The roll was called with the following result: Senator Cain stated he appeared as absent on the vote on Senate YEAS Bill No. 241. He had intended to vote yea on the bill. He asked that the Official Journal so state. Mr President Dupre Michot Adley Ellington Mount SENATE BILL NO. 273— Amedee Fields Murray BY SENATOR KOSTELKA Bajoie Gautreaux B Nevers AN ACT Barham Gautreaux N Quinn To amend and reenact R.S. 9:3550(G)(2) and (3)(a), relative to Boasso Heitmeier Romero insurance premium finance; to provide for actions to be taken by Broome Hollis Schedler a premium finance company to cancel an insurance contract Cain Jackson Shepherd when the loan payments are not made; and to provide for related Cassidy Jones Smith matters. Chaisson Kostelka Theunissen Cheek Malone Ullo On motion of Senator Bajoie, the bill was read by title and Cravins Marionneaux returned to the Calendar, subject to call. Duplessis McPherson Total - 37 SENATE BILL NO. 285— BY SENATOR MICHOT NAYS AN ACT To amend and reenact R.S. 51:2453(1), (2), (5), 2454(B), (C), Total - 0 2455(E)(2), 2457(A)(2)(b), (c), and (f)(i), 2461(B), and 2462, ABSENT and to enact R.S. 51:2453(6), and 2457(A)(2)(h), relative to the Louisiana Quality Jobs Program; to provide for the benefit rate; Fontenot Lentini to provide for wages; to designate certain distressed regions in Total - 2 this state; to provide for health care benefits; to extend the The Chair declared the amended bill was passed. The title was deadline to accept applications for the program; to provide for read and adopted. Senator Amedee moved to reconsider the vote by the applicability of existing contracts; and to provide for related which the bill was passed and laid the motion on the table. matters. SENATE BILL NO. 241— Floor Amendments Sent Up BY SENATOR BOASSO AN ACT Senator Lentini sent up floor amendments which were read. To enact R.S. 40:1300.143(3)(a)(xiii), relative to the Rural Hospital Preservation Act; to add certain hospitals to the definition of a SENATE FLOOR AMENDMENTS rural hospital; and to provide for related matters. Amendments proposed by Senator Lentini on behalf of the The bill was read by title. Senator Boasso moved the final Legislative Bureau to Engrossed Senate Bill No. 285 by Senator passage of the bill. Michot ROLL CALL AMENDMENT NO. 1 On page 1, lines 2 and 10, following "(5)" and before "," insert The roll was called with the following result: "(introductory paragraph)" YEAS AMENDMENT NO. 2 On page 12, line 1, change "R. S. 51:2453(2)(e)" to "R. S. Mr President Dupre McPherson 51:2453(2)(a)" Adley Ellington Michot Amedee Fields Mount AMENDMENT NO. 3 Bajoie Gautreaux B Murray On page 12, line 10, change "R. S. 51:2453(2)(f)" to "R. S. Barham Gautreaux N Nevers 51:2453(2)(b)" Boasso Heitmeier Romero Broome Hollis Schedler AMENDMENT NO. 4 Cassidy Jackson Shepherd On page 12, line 11, change "R. S. 51:2453(2)(g)" to "R. S. Chaisson Jones Smith 51:2453(2)(c)" Cheek Kostelka Theunissen

394 16th DAY'S PROCEEDINGS Page 33 SENATE May 29, 2007

AMENDMENT NO. 5 The following Senate Bills and Joint Resolutions on Third On page 12, line 27, change "SLS 07RS-647" to "No. 285" Reading and Final Passage, subject to call, were taken up and acted upon as follows: AMENDMENT NO. 6 On page 13, line 2, delete "SLS" and on line 3, change "07RS-647" Called from the Calendar to "285" Senator Cassidy asked that Senate Bill No. 206 be called from On motion of Senator Lentini, the amendments were adopted. the Calendar at this time. Floor Amendments Sent Up SENATE BILL NO. 206— BY SENATOR CASSIDY Senator Michot sent up floor amendments which were read. AN ACT To amend and reenact R.S. 40:34(B)(1)(a)(iii), (B)(1)(h)(i), SENATE FLOOR AMENDMENTS (B)(1)(h)(iii), (B)(1)(h)(iv), (B)(1)(h)(v) and (B)(1)(h)(vi), relative to the contents of a birth certificate; to provide for the Amendments proposed by Senator Michot to Engrossed Senate Bill full name of a child on a birth certificate; to provide for the full No. 285 by Senator Michot name of a father on a birth certificate; and to provide for related matters. AMENDMENT NO. 1 On page 9, line 17, change "(a)" to "(1)" On motion of Senator Cassidy, the bill was read by title and withdrawn from the files of the Senate. AMENDMENT NO. 2 On page 9, line 20, change "(b)" to "(2)" Rules Suspended AMENDMENT NO. 3 Senator Ullo asked for and obtained a suspension of the rules for On page 9, line 23, change "(i)" to "(a)" the purpose of reverting to the Morning Hour. AMENDMENT NO. 4 Introduction of Resolutions, On page 9, line 26, change "(ii)" to "(b)" Senate and Concurrent On motion of Senator Michot, the amendments were adopted. Senator Bajoie asked for and obtained a suspension of the rules for the purpose of introducing and reading the following Resolutions, The bill was read by title. Senator Michot moved the final Senate and Concurrent, a first and second time and acting upon them passage of the amended bill. as follows: ROLL CALL SENATE RESOLUTION NO. 48— BY SENATOR MARIONNEAUX The roll was called with the following result: A RESOLUTION To express the sincere and heartfelt condolences of the Senate of the YEAS Legislature of Louisiana to the family of United States Army National Guardsman Staff Sergeant George Ray Draughn, Jr., Mr President Ellington Michot upon his death in ground combat in Operation Iraqi Freedom. Adley Fields Murray Amedee Gautreaux B Nevers The resolution was read by title; lies over under the rules. Bajoie Gautreaux N Quinn Barham Heitmeier Romero SENATE RESOLUTION NO. 49— Broome Hollis Schedler BY SENATOR MARIONNEAUX Cain Jackson Shepherd A RESOLUTION Chaisson Jones Smith To express the sincere and heartfelt condolences of the Senate of the Cheek Kostelka Theunissen Legislature of Louisiana to the family of United States Marine Cravins Malone Ullo Corps Lance Corporal Donald E. Champlin upon his death in Duplessis Marionneaux ground combat action in support of Operation Iraqi Freedom. Dupre McPherson Total - 34 The resolution was read by title; lies over under the rules. NAYS SENATE RESOLUTION NO. 50— Boasso Cassidy BY SENATOR MARIONNEAUX Total - 2 A RESOLUTION ABSENT To express the sincere and heartfelt condolences of the Senate of the Legislature of Louisiana to the family of United States Army Fontenot Lentini Mount Staff Sergeant Jacob G. McMillan upon his death in ground Total - 3 combat in Iraq. The Chair declared the amended bill was passed. The title was The resolution was read by title; lies over under the rules. read and adopted. Senator Michot moved to reconsider the vote by SENATE RESOLUTION NO. 51— which the bill was passed and laid the motion on the table. BY SENATOR MARIONNEAUX A RESOLUTION Senate Bills and Joint Resolutions on To express the sincere and heartfelt condolences of the Senate of the Third Reading and Final Passage, Legislature of Louisiana to the family of United States Army Subject to Call Specialist Joseph Claude Dumas, Jr., upon his death in ground combat in Iraq. The resolution was read by title; lies over under the rules.

395 Page 34 SENATE 16th DAY'S PROCEEDINGS May 29, 2007

SENATE RESOLUTION NO. 52— Amedee Fields Murray BY SENATOR MARIONNEAUX Bajoie Gautreaux B Nevers A RESOLUTION Barham Gautreaux N Quinn To express the sincere and heartfelt condolences of the Senate of the Boasso Heitmeier Romero Legislature of Louisiana to the family of United States Army Broome Hollis Schedler Corporal Marcus A. Cain upon his death in combat in Iraq. Cain Jackson Shepherd Cassidy Jones Smith The resolution was read by title; lies over under the rules. Chaisson Kostelka Theunissen Cheek Malone Ullo Senator Bajoie in the Chair Cravins Marionneaux Duplessis McPherson SENATE CONCURRENT RESOLUTION NO. 70— Total - 37 BY SENATOR MCPHERSON NAYS A CONCURRENT RESOLUTION To commend Meredith Carstens Menache on receipt of the Student Total - 0 of the Year award from the Rapides Parish School Board and to ABSENT congratulate her for many outstanding scholastic achievements. Fontenot Lentini The resolution was read by title. Senator McPherson moved to Total - 2 adopt the Senate Concurrent Resolution. The Chair declared the Senate had adopted the Senate ROLL CALL Concurrent Resolution and ordered it sent to the House. The roll was called with the following result: Messages from the House YEAS The following Messages from the House were received and read as follows: Mr President Dupre Michot Adley Ellington Mount Amedee Fields Murray Message from the House Bajoie Gautreaux B Nevers Barham Gautreaux N Quinn ASKING CONCURRENCE IN Boasso Heitmeier Romero HOUSE BILLS AND JOINT RESOLUTIONS Broome Hollis Schedler Cain Jackson Shepherd May 29, 2007 Cassidy Jones Smith Chaisson Kostelka Theunissen To the Honorable President and Members of the Senate: Cheek Malone Ullo Cravins Marionneaux I am directed to inform your honorable body that the House of Duplessis McPherson Representatives has finally passed and asks your concurrence in the Total - 37 following House Bills and Joint Resolutions: NAYS HOUSE BILL NO. 734— BY REPRESENTATIVE DANIEL Total - 0 AN ACT ABSENT To amend and reenact R.S. 41:642, relative to sixteenth section and indemnity lands; to provide for erosion of and subsidence of Fontenot Lentini sixteenth section or indemnity lands; to provide for revenues Total - 2 generated by such lands; to provide for income beneficiaries; and to provide for related matters. The Chair declared the Senate had adopted the Senate Concurrent Resolution and ordered it sent to the House. HOUSE BILL NO. 156— BY REPRESENTATIVE TRICHE SENATE CONCURRENT RESOLUTION NO. 71— AN ACT BY SENATOR MARIONNEAUX To amend and reenact R.S. 37:2175.2(C), relative to home A CONCURRENT RESOLUTION improvement contractors; to provide for an exception to the To urge and request the Department of Public Safety and Corrections requirement that a home improvement contractor maintain to change the names of the three state juvenile residential workers' compensation insurance; to provide for the definition facilities from the Louis Jetson Correctional Center for Youth, of casual employee; and to provide for related matters. A.L. "Red" Swanson Correctional Center for Youth, and Bridge City Correctional Center for Youth to the Louis Jetson Center HOUSE BILL NO. 212— for Youth, A.L. "Red" Swanson Center for Youth, and Bridge BY REPRESENTATIVE PITRE City Center for Youth, respectively. AN ACT To enact R.S. 42:1113.1, relative to the Code of Governmental The resolution was read by title. Senator Marionneaux moved Ethics; to provide relative to the allocation or use of certain to adopt the Senate Concurrent Resolution. governmental property or resources during gubernatorially declared emergencies or disasters; to provide for penalties; and ROLL CALL to provide for related matters. The roll was called with the following result: HOUSE BILL NO. 210— BY REPRESENTATIVES FAUCHEUX, DARTEZ, GALLOT, ST. GERMAIN, TOOMY, AND WHITE YEAS AN ACT To amend and reenact R.S. 13:782(A)(1), relative to the salary of the Mr President Dupre Michot various clerks of district courts; to provide for the salary of the Adley Ellington Mount

396 16th DAY'S PROCEEDINGS Page 35 SENATE May 29, 2007

clerks of court based on parish population; to redefine the HOUSE CONCURRENT RESOLUTION NO. 58— population categories; and to provide for related matters. BY REPRESENTATIVE SCHNEIDER A CONCURRENT RESOLUTION Respectfully submitted, To urge and request the United States Postal Service not to remove ALFRED W. SPEER the mail forwarding service center from St. Tammany Parish. Clerk of the House of Representatives Respectfully submitted, House Bills and Joint Resolutions ALFRED W. SPEER on First Reading Clerk of the House of Representatives The following House Bills and Joint Resolutions were read a House Concurrent Resolutions first time by their titles and placed on the Calendar for their second Senator Bajoie asked for and obtained a suspension of the rules reading: to take up at this time the following House Concurrent Resolutions HOUSE BILL NO. 156— just received from the House which were taken up, read a first and BY REPRESENTATIVE TRICHE second time by their titles and acted upon as follows: AN ACT To amend and reenact R.S. 37:2175.2(C), relative to home HOUSE CONCURRENT RESOLUTION NO. 58— improvement contractors; to provide for an exception to the BY REPRESENTATIVE SCHNEIDER requirement that a home improvement contractor maintain A CONCURRENT RESOLUTION workers' compensation insurance; to provide for the definition To urge and request the United States Postal Service not to remove of casual employee; and to provide for related matters. the mail forwarding service center from St. Tammany Parish. On motion of Senator Bajoie, the resolution was read by title The bill was read by title; lies over under the rules. and referred to the Committee on Commerce, Consumer Protection, HOUSE BILL NO. 210— and International Affairs. BY REPRESENTATIVES FAUCHEUX, DARTEZ, GALLOT, ST. GERMAIN, TOOMY, AND WHITE Reports of Committees AN ACT To amend and reenact R.S. 13:782(A)(1), relative to the salary of the The following reports of committees were received and read: various clerks of district courts; to provide for the salary of the clerks of court based on parish population; to redefine the REPORT OF COMMITTEE ON population categories; and to provide for related matters. The bill was read by title; lies over under the rules. JUDICIARY C HOUSE BILL NO. 212— Senator Joel T. Chaisson, II, Chairman on behalf of the BY REPRESENTATIVE PITRE Committee on Judiciary C, submitted the following report: AN ACT To enact R.S. 42:1113.1, relative to the Code of Governmental May 29, 2007 Ethics; to provide relative to the allocation or use of certain governmental property or resources during gubernatorially To the President and Members of the Senate: declared emergencies or disasters; to provide for penalties; and to provide for related matters. I am directed by your Committee on Judiciary C to submit the following report: The bill was read by title; lies over under the rules. HOUSE CONCURRENT RESOLUTION NO. 40— HOUSE BILL NO. 734— BY REPRESENTATIVE CROWE BY REPRESENTATIVE DANIEL A CONCURRENT RESOLUTION AN ACT To urge and request local law enforcement agencies to consider To amend and reenact R.S. 41:642, relative to sixteenth section and collecting information regarding e-mail addresses, user names, indemnity lands; to provide for erosion of and subsidence of and instant messaging screen names from sex offenders and sixteenth section or indemnity lands; to provide for revenues child predators and to additionally urge and request that all generated by such lands; to provide for income beneficiaries; judges when imposing sentence on such offenders as a condition and to provide for related matters. of any sentence and probation that the defendant provide all such information to his probation officer which shall be made The bill was read by title; lies over under the rules. available to law enforcement. Messages from the House Reported favorably. HOUSE BILL NO. 21— The following Messages from the House were received and read BY REPRESENTATIVES WHITE, ALEXANDER, ANDERS, BAUDOIN, as follows: BRUCE, BURNS, R. CARTER, CAZAYOUX, CRANE, CROWE, DARTEZ, DOERGE, DORSEY, DOWNS, DURAND, FRITH, GREENE, HEBERT, HILL, HUTTER, JOHNS, KATZ, KENNARD, KENNEY, LAFLEUR, Message from the House LAMBERT, LORUSSO, MORRIS, PINAC, M. POWELL, ROMERO, SCALISE, SCHNEIDER, SMILEY, JACK SMITH, JANE SMITH, JOHN SMITH, STRAIN, THOMPSON, TOWNSEND, TRAHAN, TRICHE, AND ASKING CONCURRENCE IN WOOTON HOUSE CONCURRENT RESOLUTIONS AN ACT To amend and reenact R.S. 14:40.2(B)(1)(b), (2)(a) and (b), (4), and May 29, 2007 (5) and Code of Criminal Procedure Article 894(A)(1) and to enact R.S. 14:40.2(I), relative to the crime of stalking; to To the Honorable President and Members of the Senate: provide for increased penalties in certain circumstances; to provide that stalking convictions are not subject to expungement I am directed to inform your honorable body that the House of or benefit of probation, parole, or any suspension of sentence; to Representatives has finally passed and asks your concurrence in the provide that misdemeanor convictions for stalking shall not be following House Concurrent Resolutions:

397 Page 36 SENATE 16th DAY'S PROCEEDINGS May 29, 2007 subject to suspension of execution of sentence; and to provide for HOUSE BILL NO. 184— related matters. BY REPRESENTATIVES MARTINY, BALDONE, CAZAYOUX, DEWITT, AND JANE SMITH AN ACT Reported with amendments. To enact R.S. 14:67.24, relative to criminal offenses; to create the HOUSE BILL NO. 70— crime of theft of utility property; to provide for definitions and BY REPRESENTATIVE WADDELL penalties; and to provide for related matters. AN ACT To amend and reenact R.S. 40:966(E)(3), relative to possession of Reported favorably. marijuana; to provide for a fine as a penalty for third or subsequent conviction of possession of marijuana; and to HOUSE BILL NO. 186— BY REPRESENTATIVE TRICHE provide for related matters. AN ACT To enact R.S. 14:102.23, relative to offenses affecting public Reported favorably. sensibility; to prohibit the ownership or possession of a HOUSE BILL NO. 134— dangerous dog by persons convicted of certain felonies; to BY REPRESENTATIVE CHANDLER provide for definitions; to provide for penalties; and to provide AN ACT for related matters. To amend and reenact Code of Criminal Procedure Article 883.2, relative to restitution to victims of crime; to provide that if the Reported favorably. defendant agrees as a term of a plea agreement, the court shall order restitution to be paid to other victims of the defendant's HOUSE BILL NO. 243— BY REPRESENTATIVE DAMICO criminal conduct, although those persons are not the victims of AN ACT the criminal charge to which the defendant pleads; and to To amend and reenact Code of Criminal Procedure Article 731(B), provide for related matters. relative to the issuance of subpoenas; to authorize the clerk of court for the Twenty-Fourth Judicial District Court to sign Reported favorably. subpoenas electronically; and to provide for related matters. HOUSE BILL NO. 137— BY REPRESENTATIVE ST. GERMAIN Reported favorably. AN ACT To enact R.S. 40:2607(D) and 2608.1, relative to seizure and HOUSE BILL NO. 342— BY REPRESENTATIVE WOOTON forfeiture; to provide for the sale of certain seized property AN ACT pending forfeiture; to provide for procedures for conducting a To enact Code of Criminal Procedure Article 893.3(J)(6), relative to sale of seized property pending forfeiture; and to provide for the imposition of sentence on felony or specifically enumerated related matters. misdemeanor in which firearm was possessed, used, or discharged; to add the crime of domestic abuse battery as an Reported with amendments. enumerated misdemeanor offense; and to provide for related HOUSE BILL NO. 148— matters. BY REPRESENTATIVES FARRAR, BURRELL, R. CARTER, FAUCHEUX, GALLOT, ELBERT GUILLORY, LABRUZZO, M. POWELL, RICHMOND, Reported favorably. TOOMY, AND WHITE AN ACT HOUSE BILL NO. 423— To amend and reenact R.S. 16:11(A)(1), relative to the annual salary BY REPRESENTATIVE JANE SMITH of assistant district attorneys; to increase the annual salary of AN ACT assistant district attorneys payable by the state; and to provide To amend and reenact Code of Criminal Procedure Article 900(A)(5) for related matters. and R.S. 15:574.9(B) and to enact R.S. 15:574.9(G), relative to probation and parole; to provide with respect to revocation for Reported favorably. probation or parole for a technical violation; to clarify that those offenders whose probation or parole is revoked for a technical HOUSE BILL NO. 150— violation shall return to probation or parole after completing the BY REPRESENTATIVES ANSARDI AND MARTINY sentence for the technical violation; to provide for a AN ACT commencement date for the term of the revocation; to amend the To enact Code of Evidence Articles 507(E) and 508(E), relative to definition of "technical violation"; and to provide for related the subpoena of lawyers in civil and criminal cases; to provide matters. that the prohibition against the issuance of subpoenas requiring lawyers to reveal privileged or work product information Reported favorably. extends to prosecutors and lawyers representing the state or any political subdivision or employed by the Louisiana Legislature; HOUSE BILL NO. 462— and to provide for related matters. BY REPRESENTATIVE GREENE AN ACT Reported favorably. To amend and reenact R.S. 14:34.2(B)(3), relative to the crime of battery of a police officer; to provide for a minimum mandatory HOUSE BILL NO. 164— period of incarceration when the battery results in an injury BY REPRESENTATIVES CAZAYOUX AND WHITE requiring medical attention; and to provide for related matters. AN ACT To amend and reenact R.S. 15:574.4(A)(3) and (B), relative to parole Reported favorably. eligibility; to exclude persons convicted of armed robbery from certain parole eligibility provisions; and to provide for related Respectfully submitted, matters. JOEL T. CHAISSON, II Chairman Reported favorably.

398 16th DAY'S PROCEEDINGS Page 37 SENATE May 29, 2007

House Bills and Joint Resolutions HOUSE BILL NO. 70— BY REPRESENTATIVE WADDELL on Second Reading AN ACT Reported by Committees To amend and reenact R.S. 40:966(E)(3), relative to possession of marijuana; to provide for a fine as a penalty for third or Senator Chaisson asked for and obtained a suspension of the subsequent conviction of possession of marijuana; and to rules to take up at this time the following House Bills and Joint provide for related matters. Resolutions just reported by Committees. Reported favorably by the Committee on Judiciary C. Under the HOUSE BILL NO. 21— provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was BY REPRESENTATIVES WHITE, ALEXANDER, ANDERS, BAUDOIN, read by title and referred to the Legislative Bureau. BRUCE, BURNS, R. CARTER, CAZAYOUX, CRANE, CROWE, DARTEZ, DOERGE, DORSEY, DOWNS, DURAND, FRITH, GREENE, HEBERT, HILL, HUTTER, JOHNS, KATZ, KENNARD, KENNEY, LAFLEUR, HOUSE BILL NO. 134— LAMBERT, LORUSSO, MORRIS, PINAC, M. POWELL, ROMERO, BY REPRESENTATIVE CHANDLER SCALISE, SCHNEIDER, SMILEY, JACK SMITH, JANE SMITH, JOHN AN ACT SMITH, STRAIN, THOMPSON, TOWNSEND, TRAHAN, TRICHE, AND WOOTON To amend and reenact Code of Criminal Procedure Article 883.2, AN ACT relative to restitution to victims of crime; to provide that if the To amend and reenact R.S. 14:40.2(B)(1)(b), (2)(a) and (b), (4), and defendant agrees as a term of a plea agreement, the court shall (5) and Code of Criminal Procedure Article 894(A)(1) and to order restitution to be paid to other victims of the defendant's enact R.S. 14:40.2(I), relative to the crime of stalking; to criminal conduct, although those persons are not the victims of provide for increased penalties in certain circumstances; to the criminal charge to which the defendant pleads; and to provide that stalking convictions are not subject to expungement provide for related matters. or benefit of probation, parole, or any suspension of sentence; to provide that misdemeanor convictions for stalking shall not be Reported favorably by the Committee on Judiciary C. Under the subject to suspension of execution of sentence; and to provide provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was for related matters. read by title and referred to the Legislative Bureau. Reported with amendments by the Committee on Judiciary C. HOUSE BILL NO. 137— BY REPRESENTATIVE ST. GERMAIN AN ACT SENATE COMMITTEE AMENDMENTS To enact R.S. 40:2607(D) and 2608.1, relative to seizure and forfeiture; to provide for the sale of certain seized property Amendments proposed by Senate Committee on Judiciary C to pending forfeiture; to provide for procedures for conducting a Reengrossed House Bill No. 21 by Representative White sale of seized property pending forfeiture; and to provide for related matters. AMENDMENT NO. 1 On page 1, line 2, after "(2)(a) and (b)," change "(4)," to "(3), (4)," Reported with amendments by the Committee on Judiciary C. AMENDMENT NO. 2 SENATE COMMITTEE AMENDMENTS On page 1, line 10, after "(2)(a) and (b)," change "(4)," to "(3), (4)," Amendments proposed by Senate Committee on Judiciary C to AMENDMENT NO. 3 Reengrossed House Bill No. 137 by Representative St. Germain On page 2, line 1, change "less" to "more" AMENDMENT NO. 1 AMENDMENT NO. 4 On page 2, line 13, after “reached.” insert “Prior to such sale, the On page 2. line 1, after "than" delete the remainder of the line and property seized shall be published in the official journal of the insert "three" governing authority of the parish where the property is located and, if ordered by the seizing agency, in a newspaper which meets the AMENDMENT NO. 5 requirements of R.S. 43:140(3) for qualification as an official journal On page 2, line 2, after "labor," delete the remainder of the line and which has a larger or smaller circulation in the parish than the official journal.” AMENDMENT NO. 6 On page 2, line 3, delete "of sentence and may be" and insert "and" On motion of Senator Chaisson, the committee amendment was adopted. Under the provisions of Joint Rule No. 3 of the Rules of the AMENDMENT NO. 7 Senate, the amended bill was read by title and referred to the On page 2, delete line 24 and insert the following: Legislative Bureau. "(3) Any person who commits the offense of stalking against a person for whose benefit a protective order, a temporary restraining HOUSE BILL NO. 148— order, or any lawful order prohibiting contact with the victim issued BY REPRESENTATIVES FARRAR, BURRELL, R. CARTER, FAUCHEUX, by a judge or magistrate is in effect in either a civil or criminal GALLOT, ELBERT GUILLORY, LABRUZZO, M. POWELL, RICHMOND, proceeding, protecting the victim of the stalking from acts by the TOOMY, AND WHITE offender which otherwise constitute the crime of stalking, shall be AN ACT punished by imprisonment with or without hard labor for not less To amend and reenact R.S. 16:11(A)(1), relative to the annual salary than ninety days and not more than two years or fined not more than of assistant district attorneys; to increase the annual salary of five thousand dollars, or both." assistant district attorneys payable by the state; and to provide for related matters. AMENDMENT NO. 8 On page 3, line 3, delete "life" and insert "not less that ten years and Reported favorably by the Committee on Judiciary C. The bill not more than forty years" was read by title and recommitted to the Committee on Finance. On motion of Senator Chaisson, the committee amendment was HOUSE BILL NO. 150— BY REPRESENTATIVES ANSARDI AND MARTINY adopted. Under the provisions of Joint Rule No. 3 of the Rules of the AN ACT Senate, the amended bill was read by title and referred to the To enact Code of Evidence Articles 507(E) and 508(E), relative to Legislative Bureau. the subpoena of lawyers in civil and criminal cases; to provide that the prohibition against the issuance of subpoenas requiring

399 Page 38 SENATE 16th DAY'S PROCEEDINGS May 29, 2007

lawyers to reveal privileged or work product information HOUSE BILL NO. 423— extends to prosecutors and lawyers representing the state or any BY REPRESENTATIVE JANE SMITH political subdivision or employed by the Louisiana Legislature; AN ACT and to provide for related matters. To amend and reenact Code of Criminal Procedure Article 900(A)(5) and R.S. 15:574.9(B) and to enact R.S. 15:574.9(G), relative to Reported favorably by the Committee on Judiciary C. Under the probation and parole; to provide with respect to revocation for provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was probation or parole for a technical violation; to clarify that those read by title and referred to the Legislative Bureau. offenders whose probation or parole is revoked for a technical violation shall return to probation or parole after completing the HOUSE BILL NO. 164— sentence for the technical violation; to provide for a BY REPRESENTATIVES CAZAYOUX AND WHITE commencement date for the term of the revocation; to amend the AN ACT definition of "technical violation"; and to provide for related To amend and reenact R.S. 15:574.4(A)(3) and (B), relative to parole matters. eligibility; to exclude persons convicted of armed robbery from certain parole eligibility provisions; and to provide for related Reported favorably by the Committee on Judiciary C. Under the matters. provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was read by title and referred to the Legislative Bureau. Reported favorably by the Committee on Judiciary C. Under the provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was HOUSE BILL NO. 462— read by title and referred to the Legislative Bureau. BY REPRESENTATIVE GREENE AN ACT HOUSE BILL NO. 184— To amend and reenact R.S. 14:34.2(B)(3), relative to the crime of BY REPRESENTATIVES MARTINY, BALDONE, CAZAYOUX, DEWITT, battery of a police officer; to provide for a minimum mandatory AND JANE SMITH period of incarceration when the battery results in an injury AN ACT requiring medical attention; and to provide for related matters. To enact R.S. 14:67.24, relative to criminal offenses; to create the crime of theft of utility property; to provide for definitions and Reported favorably by the Committee on Judiciary C. Under the penalties; and to provide for related matters. provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was read by title and referred to the Legislative Bureau. Reported favorably by the Committee on Judiciary C. 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. Leaves of Absence HOUSE BILL NO. 186— The following leaves of absence were asked for and granted: BY REPRESENTATIVE TRICHE AN ACT Fontenot 1 Day To enact R.S. 14:102.23, relative to offenses affecting public sensibility; to prohibit the ownership or possession of a Adjournment dangerous dog by persons convicted of certain felonies; to provide for definitions; to provide for penalties; and to provide Senator Ellington moved that the Senate adjourn until for related matters. Wednesday, May 30, 2007, at 1:30 o'clock P.M. Reported favorably by the Committee on Judiciary C. Under the The President of the Senate declared the Senate adjourned until provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was 1:30 o'clock P.M. on Wednesday, May 30, 2007. read by title and referred to the Legislative Bureau. GLENN A. KOEPP HOUSE BILL NO. 243— Secretary of the Senate BY REPRESENTATIVE DAMICO AN ACT LYNDA E. WHEELER To amend and reenact Code of Criminal Procedure Article 731(B), Journal Clerk relative to the issuance of subpoenas; to authorize the clerk of court for the Twenty-Fourth Judicial District Court to sign subpoenas electronically; and to provide for related matters. Reported favorably by the Committee on Judiciary C. Under the provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was read by title and referred to the Legislative Bureau. HOUSE BILL NO. 342— BY REPRESENTATIVE WOOTON AN ACT To enact Code of Criminal Procedure Article 893.3(J)(6), relative to the imposition of sentence on felony or specifically enumerated misdemeanor in which firearm was possessed, used, or discharged; to add the crime of domestic abuse battery as an enumerated misdemeanor offense; and to provide for related matters. Reported favorably by the Committee on Judiciary C. 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.

400