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OFFICIAL JOURNAL SENATE RESOLUTION NO. 158— BY SENATOR GRAY OF THE A RESOLUTION To commend the Broadmoor Improvement Association for hosting SENATE the second annual Kids Count in Broadmoor event on Saturday, OF THE June 21, 2008 at St. Matthias Catholic Church. STATE OF LOUISIANA On motion of Senator Gray, the resolution was read by title and _______ adopted. FORTY-EIGHTH DAY'S PROCEEDINGS _______ SENATE CONCURRENT RESOLUTION NO. 128— BY SENATOR CROWE Thirty-Fourth Regular Session of the Legislature A CONCURRENT RESOLUTION Under the Adoption of the To urge and request the Senate Committee on Commerce, Consumer Constitution of 1974 _______ Protection and International Affairs and the House Committee on Commerce to meet and function as a joint committee to study Senate Chamber State Capitol the Hudson Initiative and to create the Hudson Initiative Task Baton Rouge, Louisiana Force to assist the joint committee. Friday, June 20, 2008 The resolution was read by title. Senator Crowe moved to adopt the Senate Concurrent Resolution. The Senate was called to order at 9:50 o'clock A.M., by Hon. Joel T. Chaisson II, President of the Senate. ROLL CALL Morning Hour The roll was called with the following result: CONVENING ROLL CALL YEAS The roll being called, the following members answered to their Mr. President Dupre Morrish names: Adley Erdey Mount Alario Gautreaux B Murray PRESENT Amedee Gautreaux N Quinn Broome Gray Riser Mr. President Erdey Morrish Cassidy Hebert Shaw Adley Gautreaux B Mount Cheek Kostelka Smith Amedee Gautreaux N Murray Crowe Long Thompson Broome Gray Nevers Donahue Marionneaux Walsworth Cassidy Hebert Riser Duplessis Martiny Cheek Kostelka Shaw Total - 29 Crowe Long Smith NAYS Donahue Marionneaux Thompson Duplessis Martiny Walsworth Total - 0 Dupre McPherson ABSENT Total - 29 ABSENT Cravins Jackson Michot Dorsey LaFleur Nevers Alario Heitmeier Michot Heitmeier McPherson Shepherd Cravins Jackson Quinn Total - 9 Dorsey LaFleur Shepherd Total - 9 The Chair declared the Senate had adopted the Senate Concurrent Resolution and ordered it sent to the House. The President of the Senate announced there were 29 Senators present and a quorum. SENATE CONCURRENT RESOLUTION NO. 129— BY SENATOR ERDEY A CONCURRENT RESOLUTION Prayer To urge and request the secretary of the Department of Transportation and Development to study prohibiting certain The prayer was offered by Dr. Jay Hogewood, following which trucks from using the far left lane on highways with three or the Senate joined in pledging allegiance to the flag of the United more lanes of traffic moving in the same direction and to report States of America. its findings to the legislature prior to the convening of the 2009 Regular Session. Reading of the Journal The resolution was read by title. Senator Erdey moved to adopt On motion of Senator Thompson, the reading of the Journal was the Senate Concurrent Resolution. dispensed with and the Journal of June 19, 2008, was adopted. ROLL CALL Introduction of Resolutions, Senate and Concurrent The roll was called with the following result: Senator Gray asked for and obtained a suspension of the rules YEAS for the purpose of introducing and reading the following Resolutions, Senate and Concurrent, a first and second time and acting upon them Mr. President Dupre Mount as follows: Adley Erdey Murray Alario Gautreaux B Nevers Amedee Gautreaux N Quinn Broome Gray Riser Cassidy Hebert Shaw Cheek Long Smith Crowe Marionneaux Thompson 1855 Page 2 SENATE 48th DAY'S PROCEEDINGS June 20, 2008 Donahue Martiny Walsworth Messages from the House Duplessis Morrish Total - 29 The following Messages from the House were received and read NAYS as follows: Total - 0 ABSENT Message from the House Cravins Jackson McPherson PASSED SENATE BILLS AND Dorsey Kostelka Michot JOINT RESOLUTIONS Heitmeier LaFleur Shepherd Total - 9 June 20, 2008 The Chair declared the Senate had adopted the Senate To the Honorable President and Members of the Senate: Concurrent Resolution and ordered it sent to the House. I am directed to inform your honorable body that the House of Representatives has finally passed the following Senate Bills and Privilege Report of the Joint Resolutions: Legislative Bureau SENATE BILL NO. 308— June 20, 2008 BY SENATOR DONAHUE AN ACT To the President and Members of the Senate: To amend and reenact Code of Civil Procedure Article 1425(C) and to enact Code of Civil Procedure Article 1425(F), relative to I am directed by your Legislative Bureau to submit the discovery and experts; to extend the deadline for filing expert following report: witness disclosures; to provide for a pre-trial hearing regarding the qualifications and admissibility of testimony of an expert The following bills are approved as to construction and witness; to provide procedures for conducting the hearing and duplication. We advise and suggest the following amendments to the appealing the decision of the judge; and to provide for related engrossed bills. matters. HOUSE BILL NO. 745— Reported with amendments. BY REPRESENTATIVE FRANKLIN AN ACT SENATE BILL NO. 342— To enact R.S. 33:2740.69, relative to Calcasieu Parish; to create and BY SENATOR ERDEY provide for the Lake Charles North Economic Development AN ACT District within such parish; to provide for the governance, plans, To enact R.S. 32:289 and 398.10(A)(6), relative to operating motor boundaries, and powers and duties of the district; and to provide vehicles; to prohibit certain persons from using a cellular for related matters. telephone while operating a motor vehicle; to provide for certain exceptions; to provide relative for violations; and to provide for Reported with amendments. related matters. LEGISLATIVE BUREAU AMENDMENTS Reported with amendments. Amendments proposed by Legislative Bureau to Reengrossed House SENATE BILL NO. 437— BY SENATOR WALSWORTH Bill No. 745 by Representative Franklin AN ACT AMENDMENT NO. 1 To amend and reenact R.S. 39:126, relative to capital outlay projects; In Senate Committee Amendment No. 6 proposed by the Senate to provide for certain change orders to be approved by the Joint Committee on Local and Municipal Affairs and adopted by the Legislative Committee on the Budget; and to provide for related Senate on June 19, 2008, on line 15, after "Chamber Southwest" add matters. "Louisiana" Reported with amendments. AMENDMENT NO. 2 SENATE BILL NO. 573— In Senate Committee Amendment No. 6 proposed by the Senate BY SENATOR MICHOT Committee on Local and Municipal Affairs and adopted by the AN ACT Senate on June 19, 2008, on line 16, change "Afro American To amend and reenact R.S. 39:1490(B)(5), 1522, and 1526(A), Chamber" to "African American Chamber of Commerce at Lake relative to procurement; to provide for appeals under the Charles, LA" Professional, Personal, Consulting, and Social Services Procedure Code; to clarify that an appeal to the First Circuit Respectfully submitted, Court of Appeal or the Louisiana Supreme Court is authorized ROB MARIONNEAUX by law under the code; to provide for an effective date; and to Chairman provide for related matters. Adoption of Legislative Bureau Report Reported with amendments. On motion of Senator Marionneaux, the Legislative Bureau SENATE BILL NO. 601— amendments were adopted and the Bill was read by title and passed BY SENATOR MICHOT to a third reading. AN ACT To enact Subpart P of Part II-A of Chapter 1 of Subtitle I of Title 39 of the Louisiana Revised Statutes of 1950, to be comprised of R.S. 39:100.71 through 100.77, relative to special treasury funds; to create the Post Employment Benefits Trust Fund as a special permanent trust in the state treasury; to establish sources of funding for the trust; to provide for the deposit, investment, 1856 48th DAY'S PROCEEDINGS Page 3 SENATE June 20, 2008 and use of monies in the fund; to establish the Board of Trustees 39:105, relative to capital outlay; to provide with respect to of the Post Employment Benefits Trust Fund; to provide for the capital outlay budget development and enactment; to provide composition and powers, duties, and functions of the board; to relative to the submission of capital outlay budget requests; to provide for reports; and to provide for related matters. provide relative to the standards for capital projects and evaluation of such projects; to provide relative to inclusion of Reported with amendments. certain non-state projects in the capital outlay budget; to provide for inclusion of certain revenue bond projects in the capital SENATE BILL NO. 644— outlay budget; to provide for an effective date; and to provide BY SENATORS ADLEY, ALARIO, BROOME, CASSIDY, CHEEK, for related matters. CRAVINS, CROWE, DONAHUE, DORSEY, DUPLESSIS, DUPRE, ERDEY, B. GAUTREAUX, N. GAUTREAUX, GRAY, HEBERT, HEITMEIER, JACKSON, KOSTELKA, LAFLEUR, LONG, MARIONNEAUX, MARTINY, Reported with amendments. MCPHERSON, MICHOT, MORRISH, MOUNT, MURRAY, NEVERS, RISER, SCALISE, SHEPHERD, SMITH AND WALSWORTH SENATE BILL NO. 566— AN ACT BY SENATOR CROWE To enact R.S.36:784(A)(8), relative to veterans' affairs; to provide for AN ACT a Louisiana Veterans' Honor Medal Program; to provide that the To enact Chapter 34 of Title 25 of the Louisiana Revised Statutes of secretary of veterans affairs shall manage the program; to 1950, to be comprised of R.S. 25:1311 through 1315, relative to provide for an advisory committee to assist the secretary of the Louisiana Wetlands Conservation and Hurricane Protection veterans affairs in operating the program; to provide for Tourist Center; to provide for legislative intent; to provide for eligibility of awards; and to provide for related matters. creation, domicile, and membership; to provide for powers and duties; to provide for donations and grants; to provide for Reported with amendments. operating funds; to provide for rules; and to provide for related matters. SENATE BILL NO. 652— BY SENATOR MICHOT Reported without amendments.