OFFICIAL JOURNAL Bagneris Rule OF THE Senator Bean moved to suspend the rules to pass over controversial Senate and House Conference Committee Reports temporarily with the SENATE intention of taking them up later, in their regular order. OF THE STATE OF Without objection, so ordered. ______Introduction of FIFTY-FIRST DAY'S PROCEEDINGS ______Senate Concurrent Resolutions Twenty-Fifth Regular Session of the Legislature Under the Adoption of the Senator Bean asked for and obtained a suspension of the rules for Constitution of 1974 the purpose of introducing and reading the following Senate Concurrent ______Resolutions a first and second time and acting upon them as follows: Senate Chamber SENATE CONCURRENT RESOLUTION NO. 171— State Capitol BY SENATOR EWING Baton Rouge, Louisiana A CONCURRENT RESOLUTION Monday, June 21, 1999 To urge and request the Senate Committee on Judiciary C and the House Committee on the Administration of Criminal Justice to The Senate was called to order at 8:00 o'clock A.M., by Hon. function as a joint committee to study the dissemination of Randy Ewing, President of the Senate. materials harmful to minors by electronic mail, Internet, or commercial on-line services. ROLL CALL The resolution was read by title. Senator Ewing moved to adopt the Senate Concurrent Resolution. The roll being called, the following members answered to their names: ROLL CALL PRESENT The roll was called with the following result: Mr. President Dyess Lambert Bajoie Ellington Landry YEAS Barham Fields C Lentini Bean Fields W Malone Mr. President Fields W Robichaux Boissiere Greene Robichaux Barham Hainkel Romero Branch Hainkel Romero Bean Heitmeier Schedler Cain Heitmeier Schedler Cain Hines Smith Campbell Hines Smith Casanova Hollis Tarver Casanova Hollis Tarver Cox Irons Theunissen Cox Irons Theunissen Dardenne Landry Thomas Cravins Johnson Thomas Ellington Lentini Dardenne Jones Ullo Fields C Malone Dean Jordan Total—25 Total—38 NAYS ABSENT Total—0 Siracusa ABSENT Total—1 Bajoie Dean Jordan The President of the Senate announced there were 38 Senators Boissiere Dyess Lambert present and a quorum. Branch Greene Siracusa Campbell Johnson Ullo Cravins Jones Prayer Total—14 The prayer was offered by Senator Ewing, following which the The Chair declared the Senate had adopted the Senate Concurrent Senate joined in pledging allegiance to the flag of the of Resolution and ordered it sent to the House. America. Messages from the House Reading of the Journal The following Messages from the House were received and read On motion of Senator Lentini, the reading of the Journal was as follows: dispensed with and the Journal of yesterday was adopted. Message from the House Morning Hour ASKING CONCURRENCE IN Rules Suspended HOUSE CONCURRENT RESOLUTIONS Senator Barham asked for a suspension of the rules for the purpose June 21, 1999 of invoking 5 minute cloture. To the Honorable President and Members of the Senate: Without objection, so ordered. Page 2 SENATE 51st DAY'S PROCEEDINGS June 21, 1999

I am directed to inform your honorable body that the House of Ellington Lentini Representatives has finally passed and asks your concurrence in the Total—26 following House Concurrent Resolutions: NAYS HOUSE CONCURRENT RESOLUTION NO. 356— Total—0 BY REPRESENTATIVE SCALISE ABSENT A CONCURRENT RESOLUTION To urge and request the State Board of Elementary and Secondary Bajoie Dyess Lambert Education to make special provisions in the minimum foundation Branch Greene Siracusa program formula adopted by the board for the 1999-2000 school Campbell Hainkel Ullo year to restore the level of funding through the minimum Casanova Jones foundation program formula to at least the 1998-1999 funding Cravins Jordan level for all "Hold Harmless" school systems. Total—13 HOUSE CONCURRENT RESOLUTION NO. 357— The Chair declared the Senate had concurred in the House BY REPRESENTATIVES WILKERSON AND ALEXANDER A CONCURRENT RESOLUTION Concurrent Resolution and ordered it returned to the House. To commend and congratulate the Lincoln Parish Branch of the HOUSE CONCURRENT RESOLUTION NO. 357— National Association for the Advancement of Colored People for BY REPRESENTATIVES WILKERSON AND ALEXANDER its work in the voter registration movement in Lincoln Parish, A CONCURRENT RESOLUTION Louisiana. To commend and congratulate the Lincoln Parish Branch of the National Association for the Advancement of Colored People for HOUSE CONCURRENT RESOLUTION NO. 358— its work in the voter registration movement in Lincoln Parish, BY REPRESENTATIVES PRATT, COPELIN, FARVE, GREEN, MORRELL, MURRAY, AND WILLARD AND SENATORS BOISSIERE, BAJOIE, IRONS, Louisiana. AND JOHNSON A CONCURRENT RESOLUTION The resolution was read by title. Senator Ewing moved to concur To commend Mr. Nat LaCour upon the occasion of his retirement as in the House Concurrent Resolution. president of United Teachers of after twenty-eight years of service with that organization, to congratulate Mr. LaCour ROLL CALL upon his election in July of 1998 as executive vice president of the American Federation of Teachers, and to recognize his many The roll was called with the following result: accomplishments. YEAS Respectfully submitted, ALFRED W. SPEER Mr. President Fields C Lentini Clerk of the House of Representatives Barham Fields W Malone Bean Hainkel Robichaux House Concurrent Resolutions Boissiere Heitmeier Romero Cain Hines Schedler Senator Bean asked for and obtained a suspension of the rules to Casanova Hollis Smith take up at this time the following House Concurrent Resolutions just Cox Irons Tarver received from the House which were taken up, read a first and second Dardenne Johnson Theunissen time by their titles and acted upon as follows: Ellington Landry Thomas Total—27 HOUSE CONCURRENT RESOLUTION NO. 356— NAYS BY REPRESENTATIVE SCALISE A CONCURRENT RESOLUTION Total—0 To urge and request the State Board of Elementary and Secondary ABSENT Education to make special provisions in the minimum foundation program formula adopted by the board for the 1999-2000 school Bajoie Dean Jordan year to restore the level of funding through the minimum Branch Dyess Lambert foundation program formula to at least the 1998-1999 funding Campbell Greene Siracusa level for all "Hold Harmless" school systems. Cravins Jones Ullo Total—12 The resolution was read by title. Senator Ellington 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. 358— The roll was called with the following result: BY REPRESENTATIVES PRATT, COPELIN, FARVE, GREEN, MORRELL, MURRAY, AND WILLARD AND SENATORS BOISSIERE, BAJOIE, IRONS, AND JOHNSON YEAS A CONCURRENT RESOLUTION To commend Mr. Nat LaCour upon the occasion of his retirement as Mr. President Fields C Malone president of United Teachers of New Orleans after twenty-eight Barham Fields W Robichaux years of service with that organization, to congratulate Mr. LaCour Bean Heitmeier Romero upon his election in July of 1998 as executive vice president of the Boissiere Hines Schedler American Federation of Teachers, and to recognize his many Cain Hollis Smith accomplishments. Cox Irons Tarver Dardenne Johnson Theunissen The resolution was read by title. Senator Johnson moved to concur Dean Landry Thomas in the House Concurrent Resolution. 51st DAY'S PROCEEDINGS Page 3 SENATE June 21, 1999

ROLL CALL Casanova Irons Theunissen Cox Johnson Thomas The roll was called with the following result: Dardenne Landry Ullo Dean Lentini YEAS Total—29 NAYS Mr. President Fields C Malone Barham Fields W Robichaux Total—0 Bean Heitmeier Romero ABSENT Boissiere Hines Schedler Cain Hollis Smith Branch Greene Lambert Casanova Irons Tarver Campbell Hainkel Siracusa Cox Johnson Theunissen Cravins Jones Dardenne Landry Thomas Dyess Jordan Ellington Lentini Total—10 Total—26 NAYS The Chair declared the Senate had concurred in the House Concurrent Resolution and ordered it returned to the House. Total—0 ABSENT Rules Suspended Bajoie Dyess Lambert Senator Barham asked for and obtained a suspension of the rules Branch Greene Siracusa for the purpose of taking up at this time. Campbell Hainkel Ullo Cravins Jones Reports of Committees Dean Jordan Total—13 The following reports of committees were received and read: The Chair declared the Senate had concurred in the House SENATE CONFERENCE COMMITTEE REPORT Concurrent Resolution and ordered it returned to the House. Senate Bill No. 855 by Dardenne Rules Suspended June 20, 1999 Senator Schedler asked for and obtained a suspension of the rules for the purpose of taking up at this time. To the Honorable President and Members of the Senate and to the Honorable Speaker and Members of the House of Representatives: House Concurrent Resolutions We, the conferees appointed to confer over the disagreement to be Adopted, Subject to Call between the two houses concerning Senate Bill 855 by Dardenne The following House Concurrent Resolutions subject to call were recommend the following concerning the Reengrossed bill: read and acted upon as follows: 1. That House Committee Amendments Nos. 1 through 6 proposed by House Committee on Civil Law and Procedure and adopted by Called from the Calendar the House on May 6, 1999 be adopted. Senator Schedler asked that House Concurrent Resolution No. 190 2. That House Floor Amendments Nos. 1, 2, 4, 5, 6, and 7 proposed be called from the Calendar at this time. by Representative DeWitt and adopted by the House on June 16, 1999 be adopted. HOUSE CONCURRENT RESOLUTION NO. 190— BY REPRESENTATIVES SHAW AND WIGGINS A CONCURRENT RESOLUTION 3. That House Floor Amendment No. 3 proposed by Representative To direct the Louisiana State Law Institute to study the feasibility of DeWitt adopted by the House on June 16, 1999 be rejected. adopting the Uniform Transfer on Death Securities Registration Act in this state and make specific recommendations for revisions 4. That the following amendment to the reengrossed bill be adopted: to Louisiana laws in order to adopt the act in this state. AMENDMENT NO.1 The resolution was read by title. Senator Schedler moved to On page 2, delete lines 7 and 8 in their entirety and insert the following: concur in the House Concurrent Resolution. "fifteen twenty-five thousand dollars in value of a the homestead, except in the case of obligations arising directly as a result of a catastrophic or terminal illness or injury, in which case the exemption shall apply to the ROLL CALL full value of the homestead based upon its value one year before such seizure. For the purposes of this Section, "catastrophic or terminal illness The roll was called with the following result: or injury" shall mean an illness or injury which creates uninsured obligations to health care providers of more than ten thousand dollars YEAS and which are greater than fifty percent of the annual adjusted gross income of the debtor, as established by an average of federal income tax Mr. President Ellington Malone returns for the three preceding years." Bajoie Fields C Robichaux Barham Fields W Romero AMENDMENT NO. 2 Bean Heitmeier Schedler On page 3, line 13, delete "(a)" and delete lines 19 through 26 in their Boissiere Hines Smith entirety Cain Hollis Tarver Page 4 SENATE 51st DAY'S PROCEEDINGS June 21, 1999

Respectfully submitted, AMENDMENT NO. 3 On page 1, line 7, after "standards;" add "to provide relative to certain Senators: Representatives: fees;" John L. "Jay" Dardenne Charles W. DeWitt, Jr. Foster L. Campbell F. Charles McMains, Jr. AMENDMENT NO. 4 J. Robert J. Carter On page 1, line 10, after "(C)" add "(2) and" after "(4)" change "is" to "are" and after "reenacted" add "and R.S. 48:381.2(F) and 381.3 are Rules Suspended hereby enacted" Senator Dardenne asked for and obtained a suspension of the rules AMENDMENT NO. 5 for the purpose of considering the Conference Committee Report. On On page 2, between lines 3 and 4 add the following: motion of Senator Dardenne, a vote was taken on the adoption of the report. "(2) Requirements for telecommunication resources to be provided to the state in instances where "shared resources" agreements are ROLL CALL utilized. As used in this Section, "shared resources" shall include in-kind services. The roll was called with the following result: * * *" YEAS AMENDMENT NO. 6 On page 2, after line 6, add the following: Mr. President Ellington Landry Bajoie Fields C Lentini R.S. 381.2(F) is all proposed new law. Barham Fields W Malone "F. The fee for fiber optic telecommunication installations placed Bean Greene Robichaux within a controlled access highway right-of-way shall not exceed the Boissiere Hainkel Romero actual cost of the administration of the program. The department may Cain Heitmeier Smith reduce fees in exchange for shared resources. The department is Casanova Hines Tarver authorized to reduce fees for its agents, defined for the purposes of this Cox Hollis Theunissen Subsection as those applicants who erect facilities on behalf of the Dardenne Irons Thomas department in order to conduct department work. Dean Johnson Ullo §381.3. Rights-of-way; wireless telecommunications tower managers Total—30 R.S. 48:381.3 is all proposed new law. NAYS The chief engineer or his duly authorized representative may enter into agreements with a wireless telecommunications tower manager to Total—0 manage such towers for specified periods as follows: ABSENT (1) One or more telecommunications towers owned and operated solely by the department may be managed for a period less than that set Branch Dyess Lambert forth in Article 3473 of the Civil Code. Campbell Jones Schedler (2) Telecommunication towers in either of the following categories Cravins Jordan Siracusa may be managed for a period less than that set forth in Article 3486 of Total—9 the Civil Code: (a) One or more telecommunication towers owned or operated by The Chair declared the Conference Committee Report was the department which have been strengthened by the wireless adopted. Senator Dardenne moved to reconsider the vote by which the telecommunications tower manager. report was adopted and laid the motion on the table. (b) One or more telecommunication towers erected by the wireless telecommunications tower manager on public or highway rights-of-way. SENATE CONFERENCE COMMITTEE REPORT Section 2. This Act shall become effective upon signature by the governor or, if not signed by the governor, upon expiration of the time Senate Bill No. 889 by Senator Landry for bills to become law without signature by the governor, as provided in Article III, Section 18 of the Constitution of Louisiana. If vetoed by June 20, 1999 the governor and subsequently approved by the legislature, this Act shall become effective on the day following such approval." To the Honorable President and Members of the Senate and to the Honorable Speaker and Members of the House of Representatives: Respectfully submitted, We, the conferees appointed to confer over the disagreement Senators: Representatives: between the two houses concerning Senate Bill 889 by Senator Landry Ron Landry Jack D. Smith recommend the following concerning the Engrossed bill: Mike Smith John "Juba" Diez Paulette Irons Dirk Deville 1. That House Floor Amendments proposed by Representative Jack Smith and adopted by the House on June 1, 1999 be rejected. Rules Suspended 2. That the following amendments to the engrossed bill be adopted: Senator Landry asked for and obtained a suspension of the rules for the purpose of considering the Conference Committee Report. On AMENDMENT NO. 1 motion of Senator Landry, a vote was taken on the adoption of the On page 1, line 2, after "(C)" add "(2) and" and after "(4)" add "and to report. enact R.S. 48:381.2(F) and 381.3 AMENDMENT NO. 2 On page 1, line 6, after the semicolon ";" add "to provide relative to wireless telecommunication tower management;" 51st DAY'S PROCEEDINGS Page 5 SENATE June 21, 1999

ROLL CALL Noble E. Ellington , Jr. Jon D. Johnson Stephen J. Windhorst The roll was called with the following result: Rules Suspended YEAS Senator Ullo asked for and obtained a suspension of the rules for Mr. President Ellington Lentini the purpose of considering the Conference Committee Report. On Bajoie Fields C Malone motion of Senator Ullo, a vote was taken on the adoption of the report. Barham Fields W Robichaux Bean Hainkel Romero ROLL CALL Boissiere Heitmeier Schedler Cain Hines Smith The roll was called with the following result: Casanova Hollis Tarver Cox Irons Theunissen YEAS Dardenne Johnson Thomas Dean Landry Ullo Mr. President Ellington Lentini Total—30 Bajoie Fields C Malone NAYS Barham Fields W Robichaux Bean Greene Romero Total—0 Boissiere Hainkel Schedler ABSENT Cain Heitmeier Smith Campbell Hines Tarver Branch Dyess Jordan Casanova Hollis Theunissen Campbell Greene Lambert Cox Irons Thomas Cravins Jones Siracusa Dardenne Johnson Ullo Total—9 Dean Landry Total—32 The Chair declared the Conference Committee Report was NAYS adopted. Senator Landry moved to reconsider the vote by which the report was adopted and laid the motion on the table. Total—0 ABSENT SENATE CONFERENCE COMMITTEE REPORT Branch Jones Siracusa Senate Bill No. 1008 by Ullo Cravins Jordan Dyess Lambert June 20, 1999 Total—7 To the Honorable President and Members of the Senate and to the The Chair declared the Conference Committee Report was Honorable Speaker and Members of the House of Representatives: adopted. Senator Ullo moved to reconsider the vote by which the report was adopted and laid the motion on the table. We, the conferees appointed to confer over the disagreement between the two houses concerning Senate Bill 1008 by Ullo SENATE CONFERENCE COMMITTEE REPORT recommend the following concerning the Engrossed bill: Senate Bill No. 1050 by Heitmeier 1. That House Committee Amendment No. 1 proposed by the House Committee on Appropriations and adopted by the House on June June 20, 1999 6, 1999 be adopted. To the Honorable President and Members of the Senate and to the 2. That House Floor Amendment No. 1 proposed by Representative Honorable Speaker and Members of the House of Representatives: Alario and adopted by the House on June 16, 1999 be rejected. We, the conferees appointed to confer over the disagreement 3. That House Floor Amendment No. 2 proposed by Representative between the two houses concerning Senate Bill 1050 by Senator Alario and adopted by the House on June 16, 1999 be adopted. Heitmeier recommend the following concerning the Engrossed bill: 4. That the following amendments to the Engrossed bill be adopted: 1. That House Floor Amendments No. 1 through 5 proposed by Representative LeBlanc and adopted by the House of AMENDMENT NO. 1 Representatives on June 14, 1999, be rejected. On page 5, delete lines 25 through 27 and insert the following: 2. That the following amendments to the reengrossed bill be adopted: "Section 3. The provisions of this Act shall be implemented to the extent funded in that Act which originated as House Bill No. 1 of the AMENDMENT NO. 1 1999 Regular Session of the Legislature. However, any parish not On page 2, line 9, after "subdivisions" insert the following: ", other than funded in that Act which originated as House Bill No.1 of the 1999 the Department of Public Safety and Corrections and the Department Regular Session of the Legislature may be funded through interagency of Wildlife and Fisheries, and headquartered in a municipality with a transfers between agencies for which appropriations were made if population in excess of four hundred fifty thousand, and" approved by the joint Legislative Committee on the Budget." AMENDMENT NO. 2 Respectfully submitted, On page 2, line 12, after "areas" delete the remainder of the line and delete line 13 and on line 14 delete "hundred fifty thousand" Senators: Representatives: J. Chris Ullo Charles A. Riddle, III. Page 6 SENATE 51st DAY'S PROCEEDINGS June 21, 1999

Respectfully submitted, Francis C. Heitmeier Ed Murray Senators: Representatives: Don Cravins Pinkie Wilkerson Francis Heitmeier Steve Windhorst Lambert Boissiere Joe Toomy Rules Suspended Noble Ellington Jerry LeBlanc Senator Boissiere asked for and obtained a suspension of the rules Rules Suspended for the purpose of considering the Conference Committee Report. On motion of Senator Boissiere, a vote was taken on the adoption of the Senator Heitmeier asked for and obtained a suspension of the rules report. for the purpose of considering the Conference Committee Report. On motion of Senator Heitmeier, a vote was taken on the adoption of the ROLL CALL report. The roll was called with the following result: ROLL CALL YEAS The roll was called with the following result: Mr. President Fields C Lentini YEAS Bajoie Fields W Malone Barham Hainkel Robichaux Mr. President Fields C Lentini Bean Heitmeier Romero Bajoie Fields W Robichaux Boissiere Hines Schedler Barham Hainkel Romero Cain Hollis Smith Bean Heitmeier Schedler Casanova Irons Tarver Boissiere Hines Smith Cox Johnson Theunissen Cain Hollis Tarver Dardenne Jones Thomas Cox Irons Theunissen Dean Jordan Ullo Dardenne Johnson Thomas Ellington Landry Ellington Landry Ullo Total—32 Total—27 NAYS NAYS Total—0 Dean Malone ABSENT Total—2 ABSENT Branch Dyess Siracusa Campbell Greene Branch Dyess Lambert Cravins Lambert Campbell Greene Siracusa Total—7 Casanova Jones Cravins Jordan The Chair declared the Conference Committee Report was Total—10 adopted. Senator Boissiere moved to reconsider the vote by which the report was adopted and laid the motion on the table. The Chair declared the Conference Committee Report was adopted. Senator Heitmeier moved to reconsider the vote by which the CONFERENCE COMMITTEE REPORT report was adopted and laid the motion on the table. House Bill No. 49 By Representative Holden SENATE CONFERENCE COMMITTEE REPORT June 20, 1999 Senate Bill No. 1067 by Boissiere To the Honorable Speaker and Members of the House of June 20, 1999 Representatives and the Honorable President and Members of the Senate. To the Honorable President and Members of the Senate and to the Honorable Speaker and Members of the House of Representatives: Ladies and Gentlemen: We, the conferees appointed to confer over the disagreement We, the conferees appointed to confer over the disagreement between the two houses concerning Senate Bill 1067 by Senator between the two houses concerning House Bill No. 49 by Boissiere recommend the following concerning the Reengrossed bill: Representative Holden, recommend the following concerning the engrossed bill: 1. That House Committee Amendments proposed by the House Committee on Retirement and adopted by the House of 1. That Senate Floor Amendment No. 1, proposed by Senator Smith Representatives on June 14, 1999, be rejected. and adopted by the Senate on June 9, 1999, be accepted. 2. That House Floor Amendment No. 1 proposed by Representative 2. That Senate Floor Amendment No. 1, proposed by Senator C. Murray and adopted by the House of Representatives on June 14, Fields and adopted by the Senate on June 16, 1999, be accepted. 1999, be rejected. 3. That Senate Floor Amendments Nos. 1 through 4, proposed by Respectfully submitted, Senator Campbell and adopted by the Senate on June 16, 1999, be rejected. Senators: Representatives: 51st DAY'S PROCEEDINGS Page 7 SENATE June 21, 1999

Respectfully submitted, On page 4, line 6, after "commission" and before "shall" insert a comma "," and "as provided for in this Part," Representatives: Senators: Melvin "Kip" Holden Ken Hollis Respectfully submitted, John D. Travis Foster L. Campbell James David Cain Representatives: Senators: Matthew P. "Pete" Schneider, III Chris Ullo Rules Suspended F. Charles "Chuck" McMains, Jr. Tom Schedler C. Emile "Peppi" Bruneau, Jr. Arthur J. "Art" Lentini Senator Hollis asked for and obtained a suspension of the rules for the purpose of considering the Conference Committee Report. On Rules Suspended motion of Senator Hollis, a vote was taken on the adoption of the report. Senator Schedler asked for and obtained a suspension of the rules ROLL CALL for the purpose of considering the Conference Committee Report. On motion of Senator Schedler, a vote was taken on the adoption of the The roll was called with the following result: report. YEAS ROLL CALL Mr. President Dyess Lentini The roll was called with the following result: Bajoie Ellington Malone Barham Fields C Robichaux YEAS Bean Fields W Romero Boissiere Heitmeier Schedler Mr. President Dyess Jordan Cain Hines Smith Bajoie Ellington Landry Campbell Hollis Tarver Barham Fields C Lentini Casanova Irons Theunissen Bean Fields W Malone Dardenne Johnson Thomas Boissiere Hainkel Robichaux Dean Jones Ullo Cain Heitmeier Romero Total—30 Campbell Hines Smith NAYS Casanova Hollis Tarver Cox Irons Theunissen Jordan Landry Dardenne Johnson Thomas Total—2 Dean Jones Ullo ABSENT Total—33 NAYS Branch Greene Siracusa Cox Hainkel Total—0 Cravins Lambert ABSENT Total—7 Branch Greene Schedler The Chair declared the Conference Committee Report was Cravins Lambert Siracusa adopted. Senator Hollis moved to reconsider the vote by which the Total—6 report was adopted and laid the motion on the table. The Chair declared the Conference Committee Report was CONFERENCE COMMITTEE REPORT adopted. Senator Schedler moved to reconsider the vote by which the report was adopted and laid the motion on the table. House Bill No. 92 By Representative Schneider et al. CONFERENCE COMMITTEE REPORT June 20, 1999 House Bill No. 140 By Representative Long To the Honorable Speaker and Members of the House of Representatives and the Honorable President and Members of the June 18, 1999 Senate. To the Honorable Speaker and Members of the House of Ladies and Gentlemen: Representatives and the Honorable President and Members of the Senate. We, the conferees appointed to confer over the disagreement between the two houses concerning House Bill No. 92 by Ladies and Gentlemen: Representative Schneider et al., recommend the following concerning the reengrossed bill: We, the conferees appointed to confer over the disagreement between the two houses concerning House Bill No. 140 by 1. That Senate Floor Amendment No. 1 proposed by Senator Representative Long, recommend the following concerning the Dardenne and adopted by the Senate on June 11, 1999, be reengrossed bill: rejected. 1. That Amendment No. 1 proposed by the Senate Committee on 2. That the following amendment to the reengrossed bill be adopted: Retirement and adopted by the Senate on June 7, 1999, be rejected. AMENDMENT NO. 1 Page 8 SENATE 51st DAY'S PROCEEDINGS June 21, 1999

2. That Amendment Nos. 2 through 4 proposed by the Senate The Chair declared the Conference Committee Report was Committee on Retirement and adopted by the Senate on June 7, adopted. Senator Heitmeier moved to reconsider the vote by which the 1999, be adopted. report was adopted and laid the motion on the table.

3. That the following amendments to the reengrossed bill be adopted: CONFERENCE COMMITTEE REPORT AMENDMENT NO. 1 House Bill No. 214 By Representative Marionneaux On page 1, delete lines 6 through 8, and insert the following: June 20, 1999 "payment thereof; to provide regarding reporting procedures applicable to the reemployment of retirees and certain assessments relative thereto; To the Honorable Speaker and Members of the House of and to provide for related matters." Representatives and the Honorable President and Members of the Senate. AMENDMENT NO. 2 On page 2, after line 24, add: Ladies and Gentlemen: "Section 2. A. Notwithstanding the provisions of any other law to We, the conferees appointed to confer over the disagreement the contrary, and specifically including the provisions of R.S. 11:707 between the two houses concerning House Bill No. 214 by and 737, any liability of Northwestern State University of Louisiana Representative Marionneaux, recommend the following concerning the arising as a result of audit findings by the Teachers' Retirement System, reengrossed bill: pertaining in whole or in part to fiscal year 1996-1997, that the university failed to give notice of any retiree's return to active service and 1. That the Legislative Bureau Amendments adopted by the Senate an erroneous payment of benefits resulted therefrom, is hereby clearly on April 27, 1999, be adopted. and unequivocally extinguished by operation of law. B. The provisions of this Section shall become effective on July 2. That the Senate Floor Amendments proposed by Senator Hines 1, 1999. and adopted by the Senate on April 26, 1999, be adopted. Respectfully submitted, 3. That the Senate Floor Amendments proposed by Senator Hines and adopted by the Senate on May 4, 1999, be adopted. Represenatatives: Senators: Jimmy D. Long, Sr. Francis C. Heitmeier 4. That the following amendments to the reengrossed bill be adopted: Victor T. Stelly Jesse K. Hollis, Jr. Joe R. Salter John T. Schedler AMENDMENT NO. 1 On page 2, after line 3, insert the following: Rules Suspended "D. This Section shall not apply to the use by a surviving spouse Senator Heitmeier asked for and obtained a suspension of the rules of the human ova or sperm of the deceased spouse in order to conceive for the purpose of considering the Conference Committee Report. On a child, provided that prior to his death the deceased spouse signed a motion of Senator Heitmeier, a vote was taken on the adoption of the consent form authorizing such a donation." report. Respectfully submitted, ROLL CALL Representatives: Senators: The roll was called with the following result: Robert M. Marionneaux, Jr. Donald E. Hines Stephen J. Windhorst John T. "Tom" Schedler YEAS Jerry A. Thomas Mr. President Ellington Lentini Rules Suspended Bajoie Fields C Malone Barham Fields W Robichaux Senator Hines asked for and obtained a suspension of the rules for Bean Hainkel Romero the purpose of considering the Conference Committee Report. On Boissiere Heitmeier Schedler motion of Senator Hines, a vote was taken on the adoption of the report. Cain Hines Smith Campbell Hollis Tarver ROLL CALL Casanova Irons Theunissen Cox Johnson Thomas The roll was called with the following result: Dardenne Jones Ullo Dean Jordan YEAS Dyess Landry Total—34 Mr. President Ellington Lentini NAYS Bajoie Fields C Malone Barham Fields W Robichaux Total—0 Bean Hainkel Romero ABSENT Boissiere Heitmeier Schedler Cain Hines Smith Branch Greene Siracusa Campbell Hollis Tarver Cravins Lambert Casanova Irons Theunissen Total—5 Cox Johnson Thomas Dardenne Jones Ullo Dean Jordan 51st DAY'S PROCEEDINGS Page 9 SENATE June 21, 1999

Dyess Landry Mr. President Fields C Lentini Total—34 Bajoie Fields W Malone NAYS Barham Greene Robichaux Bean Hainkel Romero Total—0 Boissiere Heitmeier Schedler ABSENT Cain Hines Smith Campbell Hollis Tarver Branch Greene Siracusa Casanova Irons Theunissen Cravins Lambert Cox Johnson Thomas Total—5 Dardenne Jones Ullo Dyess Jordan The Chair declared the Conference Committee Report was Ellington Landry adopted. Senator Hines moved to reconsider the vote by which the Total—34 report was adopted and laid the motion on the table. NAYS CONFERENCE COMMITTEE REPORT Dean Total—1 House Bill No. 233 By Representatives Downer, et al. ABSENT June 20, 1999 Branch Lambert Cravins Siracusa To the Honorable Speaker and Members of the House of Total—4 Representatives and the Honorable President and Members of the Senate. The Chair declared the Conference Committee Report was adopted. Senator Dardenne moved to reconsider the vote by which the Ladies and Gentlemen: report was adopted and laid the motion on the table. We, the conferees appointed to confer over the disagreement CONFERENCE COMMITTEE REPORT between the two houses concerning House Bill No. 233 by Representatives Downer, et al., recommend the following concerning House Bill No. HB 369 By Representative Holden the engrossed bill: June 20, 1999 1. That Senate Floor Amendments Nos. 1 through 4 proposed by Senator Dardenne and adopted by the Senate on June 14, 1999, be To the Honorable Speaker and Members of the House of adopted. Representatives and the Honorable President and Members of the Senate. 2. That the following amendment be adopted: Ladies and Gentlemen: AMENDMENT NO. 1 In Senate Floor Amendment No. 4 proposed by Senator Dardenne and We, the conferees appointed to confer over the disagreement adopted by the Senate on June 14, 1999, on page 1, delete line 18 in its between the two houses concerning House Bill No. HB 369 by entirety and insert in lieu thereof the following: Representative Holden, recommend the following concerning the engrossed bill: "Intelligence Project. However, a general virtual code blueprint and a demonstrable and marketable major segment of a virtual code shall be 1. That Senate Floor Amendments Nos. 1 through 4 proposed by delivered to the Law Institute before the close of the fiscal year. Senator Barham and adopted by the Senate on June 14, 1999, be Additionally, the Law Institute shall report to the Budgetary Control rejected. Council not later than March 1, 2000, relative to the project's progress in meeting the deliverables goal." Respectfully submitted, Respectfully submitted, Representatives: Senators: Melvin "Kip" Holden J. "Max" Jordan, Jr. Representatives: Senators: Joseph F. Toomy Wilson E. Fields Hunt Downer Randy L. Ewing Yvonne Welch Emile Bruneau John Joseph Hainkel, Jr. Jerry Luke LeBlanc John L. Dardenne, Jr. Rules Suspended Rules Suspended Senator W. Fields asked for and obtained a suspension of the rules for the purpose of considering the Conference Committee Report. Senator Dardenne asked for and obtained a suspension of the rules for the purpose of considering the Conference Committee Report. On Motion motion of Senator Dardenne, a vote was taken on the adoption of the report. Senator W. Fields moved that the Conference Committee Report be adopted. ROLL CALL Senator Barham moved as a substitute motion that the bill be The roll was called with the following result: recommitted to the Conference Committee. YEAS Senator W. Fields objected. Page 10 SENATE 51st DAY'S PROCEEDINGS June 21, 1999

ROLL CALL CONFERENCE COMMITTEE REPORT The roll was called on the substitute motion with the following House Bill No. 635 By Representative Weston, result: Long and Thompson YEAS June 20, 1999 Mr. President Dean Jordan To the Honorable Speaker and Members of the House of Bajoie Dyess Malone Representatives and the Honorable President and Members of the Barham Ellington Romero Senate. Bean Greene Schedler Boissiere Hainkel Smith Ladies and Gentlemen: Cain Heitmeier Tarver Casanova Hollis Ullo We, the conferees appointed to confer over the disagreement Dardenne Jones between the two houses concerning House Bill No. 635 by Total—23 Representative Weston, Long, and Thompson, recommend the NAYS following concerning the engrossed bill: Campbell Irons Robichaux 1. That the Amendment proposed by the Legislative Bureau and Cox Johnson Theunissen adopted by the Senate on June 10, 1999, be adopted. Fields C Lambert Thomas Fields W Landry 2. The the following amendment to the engrossed bill be adopted: Hines Lentini Total—13 AMENDMENT NO. 1 ABSENT On page 1, line 18, change "41:1605(B)" to "41:1608(B)" Branch Cravins Siracusa Respectfully submitted, Total—3 Representatives: Senators: The Chair declared the bill was recommitted to Conference Sharon Weston Kenneth Michael Smith Committee. Jerry Luke LeBlanc John Joseph Hainkel, Jr. Wilfred T. Pierre Senator Arthur J. Lentini CONFERENCE COMMITTEE REPORT Rules Suspended House Bill No. HB 886 By Representatives Murray, et al. Senator Smith asked for and obtained a suspension of the rules for June 20, 1999 the purpose of considering the Conference Committee Report. On motion of Senator Smith, a vote was taken on the adoption of the report. To the Honorable Speaker and Members of the House of Representatives and the Honorable President and Members of the ROLL CALL Senate. The roll was called with the following result: Ladies and Gentlemen: YEAS We, the conferees appointed to confer over the disagreement between the two houses concerning House Bill No. HB 886 by Mr. President Dyess Landry Representatives Murray, et al., recommend the following concerning the Bajoie Ellington Lentini reengrossed bill: Barham Fields C Malone Bean Fields W Robichaux 1. That all Senate Committee Amendments proposed by the Senate Boissiere Hainkel Romero Committee on Conmmerce and Consumer Protection and adopted Cain Heitmeier Schedler by the Senate on June 3, 1999, be adopted. Campbell Hines Smith Casanova Hollis Tarver 2. That Senate Floor Amendments 1 through 8 proposed by Senator Cox Irons Theunissen Landry and adopted by the Senate on June 8, 1999, be rejected. Cravins Johnson Thomas Dardenne Jones Ullo Respectfully submitted, Dean Lambert Total—35 Representatives: Senators: NAYS Edwin Murray J. Ken Hollis, Jr. Joseph F. Toomy J. "Tom" Schedler Total—0 C. E. "Peppi" Bruneau, Jr. Wilson E. Fields ABSENT Rules Suspended Branch Jordan Greene Siracusa Senator Hollis asked for and obtained a suspension of the rules for Total—4 the purpose of considering the Conference Committee Report. The Chair declared the Conference Committee Report was On motion of Senator Hollis the Conference Committee Report adopted. Senator Smith moved to reconsider the vote by which the was recommitted to the Conference Committee. report was adopted and laid the motion on the table. 51st DAY'S PROCEEDINGS Page 11 SENATE June 21, 1999

CONFERENCE COMMITTEE REPORT Dardenne Jordan Ullo Dyess Lambert House Bill No. 998 By Representative John Smith and Triche Fields C Lentini Total—31 20 June 1999 NAYS To the Honorable Speaker and Members of the House of Dean Ellington Landry Representatives and the Honorable President and Members of the Total—3 Senate. ABSENT Ladies and Gentlemen: Mr. President Cravins Siracusa Branch Greene We, the conferees appointed to confer over the disagreement Total—5 between the two houses concerning House Bill No. 998 by Representatives John Smith and Triche, recommend the following The Chair declared the Conference Committee Report was concerning the reengrossed bill: adopted. Senator Romero moved to reconsider the vote by which the report was adopted and laid the motion on the table. 1. That the amendments proposed by the Senate Committee on Natural Resources and adopted by the Senate on 6 June 1999 be CONFERENCE COMMITTEE REPORT rejected. House Bill No. 1072 By Representative Alexander 2. That the floor amendments proposed by the Legislative Bureau and adopted by the Senate on 8 June 1999 be rejected. June 20, 1999 3. That the following amendments be adopted: To the Honorable Speaker and Members of the House of Representatives and the Honorable President and Members of the AMENDMENT NO. 1 Senate. On page 1, line 1, change "(11)(g)" to "(12)(a)" Ladies and Gentlemen: AMENDMENT NO. 2 On page 1, line 17, change "2002" to "2004" We, the conferees appointed to confer over the disagreement between the two houses concerning House Bill No. 1072 by AMENDMENT NO. 3 Representative Alexander, recommend the following concerning the On page 2, line 5, change "(11)(g)" to "(12)(a)" engrossed bill: AMENDMENT NO. 4 1. That Senate Committee Amendments Nos. 1 and 2 proposed by On page 2, delete lines 15 and 16 and insert in lieu thereof the the Senate Committee on Insurance and adopted by the Senate on following: "(12) July 1, 2003:" June 8, 1999, be adopted. AMENDMENT NO. 5 2. That Senate Committee Amendment No. 3 proposed by the Senate On page 2, line 17, change "(g)" to "(a)" Committee on Insurance and adopted by the Senate on June 8, 1999, be rejected. Respectfully submitted, 3. That the following amendment to the engrossed bill be adopted: Representatives: Senators: John Smith Craig Romero AMENDMENT NO. 1 Herman Hill Ken Hollis On page 4, line 11, after "after" delete the remainder of the line and at D.A. "Butch" Gautreaux Chris Ullo the beginning of line 12, delete "of this Act." and insert "January 1, 2000." Rules Suspended Respectfully submitted, Senator Romero asked for and obtained a suspension of the rules for the purpose of considering the Conference Committee Report. On Representatives: Senators: motion of Senator Romero, a vote was taken on the adoption of the James J. Donelon Gregory W. Tarver, Sr. report. Rodney M. Alexander Donald E. Hines Jay B. McCallum John T. "Tom" Shedler ROLL CALL Rules Suspended The roll was called with the following result: Senator Hines asked for and obtained a suspension of the rules for YEAS the purpose of considering the Conference Committee Report. On motion of Senator Hines, a vote was taken on the adoption of the report. Bajoie Fields W Malone Barham Hainkel Robichaux ROLL CALL Bean Heitmeier Romero Boissiere Hines Schedler The roll was called with the following result: Cain Hollis Smith Campbell Irons Tarver YEAS Casanova Johnson Theunissen Cox Jones Thomas Mr. President Ellington Landry Page 12 SENATE 51st DAY'S PROCEEDINGS June 21, 1999

Bajoie Fields C Lentini Message from the House Barham Fields W Malone Bean Hainkel Robichaux DISAGREEMENT TO HOUSE BILL Boissiere Heitmeier Romero Cain Hines Schedler June 21, 1999 Campbell Hollis Smith Casanova Irons Tarver To the Honorable President and Members of the Senate: Cox Johnson Theunissen Dardenne Jones Thomas I am directed to inform your honorable body that the House of Dean Jordan Ullo Representatives has refused to concur in the proposed Senate Dyess Lambert Amendment(s) to House Bill No. 504 by Representative Windhorst, and Total—35 ask the President to appoint on the part of the Senate a committee to NAYS confer with a like committee from the House on the disagreement; and to inform your honorable body that the Speaker of the House of Total—0 Representatives has appointed the following members as conferees on ABSENT the part of the House: Representatives Windhorst, Salter, and Wright. Branch Greene Cravins Siracusa Respectfully submitted, Total—4 ALFRED W. SPEER Clerk of the House of Representatives The Chair declared the Conference Committee Report was adopted. Senator Hines moved to reconsider the vote by which the report was adopted and laid the motion on the table. Message from the House DISAGREEMENT TO HOUSE BILL Messages from the House June 21, 1999 The following Messages from the House were received and read as follows: To the Honorable President and Members of the Senate: Message from the House I am directed to inform your honorable body that the House of Representatives has refused to concur in the proposed Senate CONCURRING IN Amendment(s) to House Bill No. 1371 by Representative Travis, and SENATE CONCURRENT RESOLUTIONS ask the President to appoint on the part of the Senate a committee to confer with a like committee from the House on the disagreement. June 21, 1999 Respectfully submitted, To the Honorable President and Members of the Senate: ALFRED W. SPEER Clerk of the House of Representatives I am directed to inform your honorable body that the House of Representatives has finally concurred in the following Senate Message from the House Concurrent Resolutions: ADOPTION OF SENATE CONCURRENT RESOLUTION NO. 170— CONFERENCE COMMITTEE REPORT BY SENATOR WILSON FIELDS A CONCURRENT RESOLUTION To create the Used Oil Study Commission to study and make June 21, 1999 recommendations relative to the safe collection, treatment, and disposal of used oil in Louisiana. To the Honorable President and Members of the Senate: Reported without amendments. I am directed to inform your honorable body that the House of Representatives has adopted the Report of the Conference Committee on the disagreement to House Bill No. 92: SENATE CONCURRENT RESOLUTION NO. 171— BY SENATOR EWING A CONCURRENT RESOLUTION Respectfully submitted, To urge and request the Senate Committee on Judiciary C and the ALFRED W. SPEER House Committee on the Administration of Criminal Justice to Clerk of the House of Representatives function as a joint committee to study the dissemination of materials harmful to minors by electronic mail, Internet, or Message from the House commercial on-line services. ADOPTION OF Reported without amendments. CONFERENCE COMMITTEE REPORT Respectfully submitted, June 21, 1999 ALFRED W. SPEER Clerk of the House of Representatives To the Honorable President and Members of the Senate: I am directed to inform your honorable body that the House of Representatives has adopted the Report of the Conference Committee on the disagreement to House Bill No. 140: 51st DAY'S PROCEEDINGS Page 13 SENATE June 21, 1999

Respectfully submitted, Mr. President Dyess Lambert ALFRED W. SPEER Bajoie Ellington Landry Clerk of the House of Representatives Barham Fields C Lentini Bean Fields W Malone Message from the House Boissiere Greene Robichaux Branch Hainkel Romero ADOPTION OF Cain Heitmeier Schedler CONFERENCE COMMITTEE REPORT Campbell Hines Smith Casanova Hollis Tarver June 21, 1999 Cox Irons Theunissen Cravins Johnson Thomas To the Honorable President and Members of the Senate: Dardenne Jones Ullo Dean Jordan I am directed to inform your honorable body that the House of Total—38 Representatives has adopted the Report of the Conference Committee ABSENT on the disagreement to House Bill No. 232: Siracusa Respectfully submitted, Total—1 ALFRED W. SPEER Clerk of the House of Representatives The President of the Senate announced there were 38 Senators present and a quorum. Message from the House Senate Business Resumed ADOPTION OF CONFERENCE COMMITTEE REPORT Messages from the House June 21, 1999 The following Messages from the House were received and read as follows: To the Honorable President and Members of the Senate: Message from the House I am directed to inform your honorable body that the House of Representatives has adopted the Report of the Conference Committee ADOPTION OF on the disagreement to House Bill No. 233: CONFERENCE COMMITTEE REPORT Respectfully submitted, June 21, 1999 ALFRED W. SPEER Clerk of the House of Representatives To the Honorable President and Members of the Senate: Appointment of Conference Committee I am directed to inform your honorable body that the House of on House Bill No. 504 Representatives has adopted the Report of the Conference Committee on the disagreement to Senate Bill No. 1076: The President of the Senate appointed on the Conference Committee on House Bill No. 504 the following members of the Senate: Respectfully submitted, Senators Ellington, Heitmeier, and Jordan. ALFRED W. SPEER Clerk of the House of Representatives Appointment of Conference Committee on House Bill No. 1371 Message from the House The President of the Senate appointed on the Conference ADOPTION OF Committee on House Bill No. 1371 the following members of the CONFERENCE COMMITTEE REPORT Senate: Senators Hollis, Campbell, and Theunissen. June 21, 1999 Recess To the Honorable President and Members of the Senate: On motion of Senator Irons, the Senate took a recess until 10:15 I am directed to inform your honorable body that the House of o'clock A.M. Representatives has adopted the Report of the Conference Committee on the disagreement to Senate Bill No. 1067: After Recess Respectfully submitted, The Senate was called to order at 10:15 o'clock A.M. by the ALFRED W. SPEER President of the Senate. Clerk of the House of Representatives ROLL CALL Message from the House The roll being called, the following members answered to their RECOMMITAL OF names: CONFERENCE COMMITTEE REPORT PRESENT June 21, 1999 Page 14 SENATE 51st DAY'S PROCEEDINGS June 21, 1999

To the Honorable President and Members of the Senate: I am directed to inform your honorable body that the House of Representatives has adopted the Report of the Conference Committee I am directed to inform your honorable body that the House of on the disagreement to Senate Bill No. 854: Representatives has recommitted the Report of the Conference Committee on the disagreement to Senate Bill No. 1060: Respectfully submitted, ALFRED W. SPEER Respectfully submitted, Clerk of the House of Representatives ALFRED W. SPEER Clerk of the House of Representatives Message from the House Message from the House ADOPTION OF CONFERENCE COMMITTEE REPORT ADOPTION OF CONFERENCE COMMITTEE REPORT June 21, 1999 June 21, 1999 To the Honorable President and Members of the Senate: To the Honorable President and Members of the Senate: I am directed to inform your honorable body that the House of Representatives has adopted the Report of the Conference Committee I am directed to inform your honorable body that the House of on the disagreement to Senate Bill No. 806: Representatives has adopted the Report of the Conference Committee on the disagreement to Senate Bill No. 1050: Respectfully submitted, ALFRED W. SPEER Respectfully submitted, Clerk of the House of Representatives ALFRED W. SPEER Clerk of the House of Representatives Message from the House Message from the House ADOPTION OF CONFERENCE COMMITTEE REPORT ADOPTION OF CONFERENCE COMMITTEE REPORT June 21, 1999 June 21, 1999 To the Honorable President and Members of the Senate: To the Honorable President and Members of the Senate: I am directed to inform your honorable body that the House of Representatives has adopted the Report of the Conference Committee I am directed to inform your honorable body that the House of on the disagreement to Senate Bill No. 761: Representatives has adopted the Report of the Conference Committee on the disagreement to Senate Bill No. 893: Respectfully submitted, ALFRED W. SPEER Respectfully submitted, Clerk of the House of Representatives ALFRED W. SPEER Clerk of the House of Representatives Message from the House Message from the House ADOPTION OF CONFERENCE COMMITTEE REPORT ADOPTION OF CONFERENCE COMMITTEE REPORT June 21, 1999 June 21, 1999 To the Honorable President and Members of the Senate: To the Honorable President and Members of the Senate: I am directed to inform your honorable body that the House of Representatives has adopted the Report of the Conference Committee I am directed to inform your honorable body that the House of on the disagreement to Senate Bill No. 685: Representatives has adopted the Report of the Conference Committee on the disagreement to Senate Bill No. 889: Respectfully submitted, ALFRED W. SPEER Respectfully submitted, Clerk of the House of Representatives ALFRED W. SPEER Clerk of the House of Representatives Message from the House Message from the House ADOPTION OF CONFERENCE COMMITTEE REPORT ADOPTION OF CONFERENCE COMMITTEE REPORT June 21, 1999 June 21, 1999 To the Honorable President and Members of the Senate: To the Honorable President and Members of the Senate: 51st DAY'S PROCEEDINGS Page 15 SENATE June 21, 1999

I am directed to inform your honorable body that the House of I am directed to inform your honorable body that the House of Representatives has adopted the Report of the Conference Committee Representatives has adopted the Report of the Conference Committee on the disagreement to Senate Bill No. 648: on the disagreement to Senate Bill No. 15: Respectfully submitted, Respectfully submitted, ALFRED W. SPEER ALFRED W. SPEER Clerk of the House of Representatives Clerk of the House of Representatives Message from the House Message from the House ADOPTION OF RECOMMITTAL OF CONFERENCE COMMITTEE REPORT CONFERENCE COMMITTEE REPORT June 21, 1999 June 21, 1999 To the Honorable President and Members of the Senate: To the Honorable President and Members of the Senate: I am directed to inform your honorable body that the House of I am directed to inform your honorable body that the House of Representatives has adopted the Report of the Conference Committee Representatives has recommitted the Report of the Conference on the disagreement to Senate Bill No. 598: Committee on the disagreement to Senate Bill No. 242: Respectfully submitted, Respectfully submitted, ALFRED W. SPEER ALFRED W. SPEER Clerk of the House of Representatives Clerk of the House of Representatives Message from the House Message from the House ADOPTION OF ADOPTION OF CONFERENCE COMMITTEE REPORT CONFERENCE COMMITTEE REPORT June 21, 1999 June 21, 1999 To the Honorable President and Members of the Senate: To the Honorable President and Members of the Senate: I am directed to inform your honorable body that the House of I am directed to inform your honorable body that the House of Representatives has adopted the Report of the Conference Committee Representatives has adopted the Report of the Conference Committee on the disagreement to Senate Bill No. 540: on the disagreement to House Concurrent Resolution No. 259: Respectfully submitted, Respectfully submitted, ALFRED W. SPEER ALFRED W. SPEER Clerk of the House of Representatives Clerk of the House of Representatives Message from the House Message from the House ADOPTION OF ADOPTION OF CONFERENCE COMMITTEE REPORT CONFERENCE COMMITTEE REPORT June 21, 1999 June 21, 1999 To the Honorable President and Members of the Senate: To the Honorable President and Members of the Senate: I am directed to inform your honorable body that the House of I am directed to inform your honorable body that the House of Representatives has adopted the Report of the Conference Committee Representatives has adopted the Report of the Conference Committee on the disagreement to Senate Bill No. 392: on the disagreement to House Bill No. 2251: Respectfully submitted, Respectfully submitted, ALFRED W. SPEER ALFRED W. SPEER Clerk of the House of Representatives Clerk of the House of Representatives Message from the House Message from the House ADOPTION OF ADOPTION OF CONFERENCE COMMITTEE REPORT CONFERENCE COMMITTEE REPORT June 21, 1999 June 21, 1999 To the Honorable President and Members of the Senate: To the Honorable President and Members of the Senate: Page 16 SENATE 51st DAY'S PROCEEDINGS June 21, 1999

I am directed to inform your honorable body that the House of I am directed to inform your honorable body that the House of Representatives has adopted the Report of the Conference Committee Representatives has adopted the Report of the Conference Committee on the disagreement to House Bill No. 2242: on the disagreement to House Bill No. 2119: Respectfully submitted, Respectfully submitted, ALFRED W. SPEER ALFRED W. SPEER Clerk of the House of Representatives Clerk of the House of Representatives Message from the House Message from the House ADOPTION OF ADOPTION OF CONFERENCE COMMITTEE REPORT CONFERENCE COMMITTEE REPORT June 21, 1999 June 21, 1999 To the Honorable President and Members of the Senate: To the Honorable President and Members of the Senate: I am directed to inform your honorable body that the House of I am directed to inform your honorable body that the House of Representatives has adopted the Report of the Conference Committee Representatives has adopted the Report of the Conference Committee on the disagreement to House Bill No. 2230: on the disagreement to House Bill No. 2079: Respectfully submitted, Respectfully submitted, ALFRED W. SPEER ALFRED W. SPEER Clerk of the House of Representatives Clerk of the House of Representatives Message from the House Message from the House ADOPTION OF ADOPTION OF CONFERENCE COMMITTEE REPORT CONFERENCE COMMITTEE REPORT June 21, 1999 June 21, 1999 To the Honorable President and Members of the Senate: To the Honorable President and Members of the Senate: I am directed to inform your honorable body that the House of I am directed to inform your honorable body that the House of Representatives has adopted the Report of the Conference Committee Representatives has adopted the Report of the Conference Committee on the disagreement to House Bill No. 2174: on the disagreement to House Bill No. 1923: Respectfully submitted, Respectfully submitted, ALFRED W. SPEER ALFRED W. SPEER Clerk of the House of Representatives Clerk of the House of Representatives Message from the House Message from the House ADOPTION OF ADOPTION OF CONFERENCE COMMITTEE REPORT CONFERENCE COMMITTEE REPORT June 21, 1999 June 21, 1999 To the Honorable President and Members of the Senate: To the Honorable President and Members of the Senate: I am directed to inform your honorable body that the House of I am directed to inform your honorable body that the House of Representatives has adopted the Report of the Conference Committee Representatives has adopted the Report of the Conference Committee on the disagreement to House Bill No. 2136: on the disagreement to House Bill No. 1868: Respectfully submitted, Respectfully submitted, ALFRED W. SPEER ALFRED W. SPEER Clerk of the House of Representatives Clerk of the House of Representatives Message from the House Message from the House ADOPTION OF ADOPTION OF CONFERENCE COMMITTEE REPORT CONFERENCE COMMITTEE REPORT June 21, 1999 June 21, 1999 To the Honorable President and Members of the Senate: To the Honorable President and Members of the Senate: 51st DAY'S PROCEEDINGS Page 17 SENATE June 21, 1999

I am directed to inform your honorable body that the House of I am directed to inform your honorable body that the House of Representatives has adopted the Report of the Conference Committee Representatives has adopted the Report of the Conference Committee on the disagreement to House Bill No. 1793: on the disagreement to House Bill No. 1072: Respectfully submitted, Respectfully submitted, ALFRED W. SPEER ALFRED W. SPEER Clerk of the House of Representatives Clerk of the House of Representatives Message from the House Reports of Committees, Resumed ADOPTION OF The following reports of committees were received and read: RECOMMITTAL COMMITTEE REPORT CONFERENCE COMMITTEE REPORT June 21, 1999 House Bill No. 1500 By Representative Jetson To the Honorable President and Members of the Senate: June 20, 1999 I am directed to inform your honorable body that the House of Representatives has recommitted the Report of the Conference To the Honorable Speaker and Members of the House of Committee on the disagreement to House Bill No. 1775: Representatives and the Honorable President and Members of the Senate. Respectfully submitted, ALFRED W. SPEER Ladies and Gentlemen: Clerk of the House of Representatives We the conferees appointed to confer over the disagreement Message from the House between the two houses concerning House Bill No. 1500 by Representative Jetson, recommend the following concerning the ADOPTION OF Engrossed bill: CONFERENCE COMMITTEE REPORT 1. That Senate Committee Amendments Nos. 1, 2, and 4 proposed June 21, 1999 by the Senate Committee on Education and adopted by the Senate on June 10, 1999, be adopted. To the Honorable President and Members of the Senate: 2. That Senate Committee Amendment No. 3 proposed by the Senate I am directed to inform your honorable body that the House of Committee on Education and adopted by the Senate on June 10, Representatives has adopted the Report of the Conference Committee 1999, be rejected. on the disagreement to House Bill No. 1453: 3. That the Senate Floor Amendment proposed by Senators W. Fields Respectfully submitted, and Hines and adopted by the Senate on June 16, 1999, be ALFRED W. SPEER rejected. Clerk of the House of Representatives 4. That the following amendment to the engrossed bill be adopted: Message from the House AMENDMENT NO. 1 On page 2, at the end of line 12, add "Performance-based criteria as ADOPTION OF established by the State Board of Elementary and Secondary Education CONFERENCE COMMITTEE REPORT shall be used to allocate such funds on an annual basis." June 21, 1999 Respectfully submitted, To the Honorable President and Members of the Senate: Representatives: Senators: I am directed to inform your honorable body that the House of Charles McDonald Tom Greene Representatives has adopted the Report of the Conference Committee Raymond Jetson Wilson Fields on the disagreement to House Bill No. 1362: Renee Pratt Donald Hines Respectfully submitted, Rules Suspended ALFRED W. SPEER Clerk of the House of Representatives Senator W. Fields asked for and obtained a suspension of the rules for the purpose of considering the Conference Committee Report. On motion of Senator W. Fields, a vote was taken on the adoption of the Message from the House report. ADOPTION OF CONFERENCE COMMITTEE REPORT ROLL CALL June 21, 1999 The roll was called with the following result: To the Honorable President and Members of the Senate: YEAS Mr. President Dean Landry Barham Dyess Lentini Page 18 SENATE 51st DAY'S PROCEEDINGS June 21, 1999

Bean Ellington Malone require all used oil collection centers, transfer facilities, and transporters Boissiere Fields C Robichaux as defined in LAC 33:V.4001, which are or will be located in a parish Branch Fields W Schedler with a population of between nine thousand eight hundred seventy and Cain Greene Smith nine thousand eight hundred ninety people based on the 1990 federal Campbell Heitmeier Tarver census, to obtain licenses or permits authorizing such centers, facilities, Casanova Hines Theunissen and transporters to handle used oil in compliance with this Section, if Cox Hollis Thomas any such centers, facilities, and transporters are also conducting Cravins Irons Ullo processing as defined in LAC 33:V.4001. Such processing includes, Dardenne Johnson but is not limited to, physical separation of water from the used oil. Total—32 Nothing in this Subsection shall apply to businesses that primarily NAYS engage in oil changes. Further, nothing in this Subsection shall apply to any center, facility, or transporter, that is validly permitted or licensed Total—0 and that began operations prior to January 1, 1999." ABSENT Respectfully submitted, Bajoie Jordan Siracusa Hainkel Lambert Representatives: Senators: Jones Romero N. J. Damico Louis J. Lambert Total—7 Daniel Martiny Ronald Bean Ernest Wooton The Chair declared the Conference Committee Report was adopted. Senator W. Fields moved to reconsider the vote by which the Rules Suspended report was adopted and laid the motion on the table. Senator W. Fields asked for and obtained a suspension of the rules CONFERENCE COMMITTEE REPORT for the purpose of considering the Conference Committee Report. On motion of Senator W. Fields, a vote was taken on the adoption of the House Bill No. 1592 By Representatives Damico, report. DeWitt, Downer, McMains, and Diez June 20, 1999 ROLL CALL To the Honorable Speaker and Members of the House of The roll was called with the following result: Representatives and the Honorable President and Members of the Senate. YEAS Mr. President Dardenne Jones Ladies and Gentlemen: Bajoie Dean Lambert Barham Dyess Lentini We, the conferees appointed to confer over the disagreement Bean Ellington Robichaux between the two houses concerning House Bill No. 1592 by Boissiere Fields C Romero Representatives Damico, DeWitt, Downer, McMains, and Diez, Branch Fields W Schedler recommend the following concerning the reengrossed bill: Cain Heitmeier Smith Campbell Hines Tarver 1. That Senate Committee Amendments Nos. 1 through 6 proposed Casanova Hollis Theunissen by the Senate Committee on Environmental Quality and adopted Cox Irons Ullo by the Senate on May 26, 1999, be adopted. Cravins Johnson Total—32 2. The Senate Floor Amendments Nos. 1 through 4 proposed by Senator Wilson Fields and adopted by the Senate on June 3, 1999, NAYS be rejected. Landry Malone Total—2 3. That the following amendments to the reengrossed bill be adopted: ABSENT AMENDMENT NO. 1 Greene Jordan Thomas On page 1, line 2, after "R.S. 30:2289.1(D)" insert "and 2417(N)" Hainkel Siracusa AMENDMENT NO. 2 Total—5 On page 1, line 6, after "fees;" insert "to require certain used oil facilities The Chair declared the Conference Committee Report was to obtain licenses or permits from the department;" adopted. Senator W. Fields moved to reconsider the vote by which the AMENDMENT NO. 3 report was adopted and laid the motion on the table. On page 1, line 8, after "R.S. 30:2289.1(D)", delete "is" and insert "and 2417(N) are" CONFERENCE COMMITTEE REPORT AMENDMENT NO. 4 House Bill No. 1639 By Representative Scalise On page 2, between lines 2 and 3, insert the following: June 18, 1999 "* * * To the Honorable Speaker and Members of the House of §2417. Used oil; collection; recycling and reuse; disposal Representatives and the Honorable President and Members of the * * * N. Notwithstanding any other provision of law to the contrary, the Senate. regulations and guidelines promulgated pursuant to this Section shall 51st DAY'S PROCEEDINGS Page 19 SENATE June 21, 1999

Ladies and Gentlemen: June 20, 1999 We, the conferees appointed to confer over the disagreement To the Honorable Speaker and Members of the House of between the two houses concerning House Bill No. HB 1639 by Representatives and the Honorable President and Members of the Representative Scalise, recommend the following concerning the Senate. engrossed bill: Ladies and Gentlemen: 1. That Senate Floor Amendments Nos. 1 through 10 proposed by Senator Dardenne and adopted by the Senate on June 14, 1999, be We, the conferees appointed to confer over the disagreement adopted. between the two houses concerning House Bill No. 1453 by Representative Martiny, recommend the following concerning the 2. That Senate Floor Amendment proposed by Senator C. Fields and engrossed bill: adopted by the Senate on June 14, 1999, be rejected. 1. That Senate Committee Amendment No. 1, proposed by the 3. That the following amendment to the engrossed bill be adopted: Senate Committee on Senate and Governmental Affairs and adopted by the Senate on June 3, 1999, be adopted. AMENDMENT NO. 1 On page 3, between lines 13 and 14, insert the following: 2. That the following amendments to the engrossed bill be adopted: "G. The provisions of this Section shall not apply to assault AMENDMENT NO. 1 weapons manufactured in violation of 18 U.S.C. § 922 (v)." On page 1, line 2, between "to" and "enact" insert "amend and reenact R.S. 33:1564(C) and to" Respectfully submitted, AMENDMENT NO. 2 Representatives: Senators: On page 1, at the end of line 6, add "to require release of certain information by coroners;" F. Charles McMains, Jr. Chris Ullo C. E. "Peppi" Bruneau, Jr. AMENDMENT NO. 3 On page 1, line 9, after "Section 1." and before "R.S." insert " R.S. Rules Suspended 33:1564(C) is hereby amended and reenacted and" Senator Dardenne asked for and obtained a suspension of the rules AMENDMENT NO. 4 for the purpose of considering the Conference Committee Report. On On page 3, after line 5, insert the following: motion of Senator Dardenne, a vote was taken on the adoption of the report. "§1564. Notification of next of kin * * * ROLL CALL C. The coroner or his designee may shall release to the news The roll was called with the following result: media or any family member the reported name, age, preliminary diagnosis, and status of death, whether unclassified or classified, YEAS pending final autopsy or investigation results concerning a death under investigation. However, nothing in this Subsection shall authorize the Mr. President Dean Lambert release of the information set forth herein prior to notification of the Bajoie Dyess Landry next of kin to the deceased unless no next of kin can be determined or, Barham Ellington Lentini despite reasonable efforts by the coroner's office, no next of kin can be Bean Greene Malone located. This Subsection shall not require the release of information in Boissiere Hainkel Romero non-coroner cases or in cases pertaining to criminal litigation in Branch Heitmeier Schedler contravention of the provisions of R.S. 33:1563(J)." Cain Hines Smith Campbell Hollis Tarver AMENDMENT NO. 5 Casanova Irons Theunissen On page 3, line 2, after "Subsection" delete the comma "," and insert Cox Johnson Thomas "and notwithstanding the provisions of R.S. 33:1564(C)," Dardenne Jones Ullo Total—33 Respectfully submitted, NAYS Representatives: Senators: Robichaux Daniel R. Martiny John L. "Jay" Dardenne Total—1 Charles D. Lancaster Chris Ullo ABSENT Jennifer Sneed Jerry A. Thomas Cravins Fields W Siracusa Rules Suspended Fields C Jordan Total—5 Senator Ullo asked for and obtained a suspension of the rules for the purpose of considering the Conference Committee Report. On The Chair declared the Conference Committee Report was motion of Senator Ullo, a vote was taken on the adoption of the report. adopted. Senator Dardenne moved to reconsider the vote by which the report was adopted and laid the motion on the table. ROLL CALL CONFERENCE COMMITTEE REPORT The roll was called with the following result: House Bill No. 1453 By Representative Martiny YEAS Page 20 SENATE 51st DAY'S PROCEEDINGS June 21, 1999

Mr. President Ellington Landry Victor T. Stelly Ron J. Landry Bajoie Fields C Lentini Thomas R. Warner Lynn B. Dean Barham Fields W Malone Bean Greene Robichaux Rules Suspended Boissiere Hainkel Romero Branch Heitmeier Schedler Senator Heitmeier asked for and obtained a suspension of the rules Cain Hines Smith for the purpose of considering the Conference Committee Report. On Campbell Hollis Tarver motion of Senator Heitmeier, a vote was taken on the adoption of the Casanova Irons Theunissen report. Cox Johnson Thomas Dardenne Jones Ullo Dean Jordan ROLL CALL Dyess Lambert Total—37 The roll was called with the following result: NAYS YEAS Total—0 Mr. President Ellington Landry ABSENT Bajoie Fields C Lentini Barham Fields W Malone Cravins Siracusa Bean Greene Robichaux Total—2 Boissiere Hainkel Romero Branch Heitmeier Schedler The Chair declared the Conference Committee Report was Cain Hines Smith adopted. Senator Ullo moved to reconsider the vote by which the report Campbell Hollis Tarver was adopted and laid the motion on the table. Casanova Irons Theunissen Cox Johnson Thomas CONFERENCE COMMITTEE REPORT Dardenne Jones Ullo Dyess Jordan House Bill No. 1712 By Representative Montgomery Total—35 NAYS June 20, 1999 Total—0 To the Honorable Speaker and Members of the House of Representatives and the Honorable President and Members of the ABSENT Senate. Cravins Lambert Dean Siracusa Ladies and Gentlemen: Total—4 We, the conferees appointed to confer over the disagreement The Chair declared the Conference Committee Report was between the two houses concerning House Bill No. 1712 by adopted. Senator Heitmeier moved to reconsider the vote by which the Representative Montgomery, recommend the following concerning the engrossed bill: report was adopted and laid the motion on the table. 1. That Amendment No. 2 proposed by the Senate Committee on CONFERENCE COMMITTEE REPORT Retirement and adopted by the Senate on May 25, 1999, be rejected. House Bill No. 1793 By Representative R. Alexander 2. That the following amendments to the engrossed bill be adopted: June 21, 1999 To the Honorable Speaker and Members of the House of AMENDMENT NO. 1 Representatives and the Honorable President and Members of the On page 2, line 3, between "to" and "as" delete "contributions" and insert: Senate. "the following: Ladies and Gentlemen: (1) Contributions" We, the conferees appointed to confer over the disagreement between the two houses concerning House Bill No. 1793 by AMENDMENT NO. 2 Representative R. Alexander, recommend the following concerning the On page 2, line 4, after "Paragraph" add a period "." and delete "and engrossed bill: the" and insert: "(2) The" 1. That Senate Committee Amendments Nos. 1 through 5 proposed AMENDMENT NO. 3 by the Senate Committee on Local and Municipal Affairs and On page 2, between lines 5 and 6, insert: adopted by the Senate on June 9, 1999 be adopted. "(3) A deferred retirement option plan participant shall be treated 2. That the following amendment to the engrossed bill be adopted. as retired for puposes of eligibility to serve in an active member position on the board of trustees." AMENDMENT NO. 1 Respectfully submitted, On page 1, line 12, after "of the" change "most recent" to "1990" Representatives: Senators: Respectfully submitted, Francis C. Heitmeier 51st DAY'S PROCEEDINGS Page 21 SENATE June 21, 1999

Representatives: Senators: AMENDMENT NO. 2 Randy Ewing On page 2, after line 20, insert the following: Sharon Weston Broome Diana E. Bajoie Jay McCallum Mike Smith "Section 2. For the express purpose for the maintenance, operation and the construction of an expansion to the parish health unit and Rules Suspended parking lot by the Vermilion Parish Police Jury, the secretary of the Department of Health and Hospitals, notwithstanding any other Senator Bajoie asked for and obtained a suspension of the rules for provision of law to the contrary, is hereby authorized and empowered the purpose of considering the Conference Committee Report. On to convey, transfer, assign, lease, and deliver any interest, excluding motion of Senator Bajoie, a vote was taken on the adoption of the report. mineral rights, the state may have to the following two described properties to the Vermilion Parish Police Jury: ROLL CALL A certain parcel of ground designated as Lot No. Two of the The roll was called with the following result: Stebbins Addition to the City of Abbeville, Vermilion Parish, Louisiana, measuring eighty feet on the East and West lines YEAS thereof, 156.8 feet on the North line thereof, and 156.3 feet on the South line thereof, and being bounded on the North by strip of land Mr. President Dyess Landry to be below described and Railroad right of way, South by Lot Four Bajoie Ellington Lentini of said Stebbins Addition, West by Lot One of said Stebbins Barham Fields C Malone Addition, and East by South St. Charles Street. Bean Fields W Robichaux Boissiere Greene Romero A strip of land in this Town of Abbeville, Vermilion Parish, Branch Hainkel Schedler Louisiana, measuring 1.5 feet on its East line,.7 feet on its West Cain Heitmeier Smith line, by the depth East and West of the brick building, a portion of Campbell Hines Tarver which is on said strip of land (said building being 61.5 feet wide on Casanova Hollis Theunissen its North line), and being bounded South by the property firstly Cox Irons Thomas above described, and on the North, East and West by right of way Dardenne Johnson Ullo belonging to the and New Orleans Railroad Company. Dean Jones Total—35 With all buildings and improvements thereon situated and thereto belonging. And all as per plat of survey thereof prepared by Noy NAYS O. Lewis, licensed surveyor, under date of May 1, 1954, and being Total—0 the same property acquired by the Department of Health and ABSENT Hospitals under cash sale dated June 22, 1976. Cravins Lambert Lot 13 and the Southern 2 feet of Lot 11, Stebbins Addition, City Jordan Siracusa of Abbeville, Vermilion Parish, Louisiana. The subject site Total—4 measures 82 feet frontage on the East side of South St. Charles Street by a depth of 146 feet between equal and parallel lines; The Chair declared the Conference Committee Report was together with all buildings and improvements thereon situated and adopted. Senator Bajoie moved to reconsider the vote by which the thereto belonging, and being the same property acquired by the report was adopted and laid the motion on the table. Department of Health and Hospitals under cash sale dated February 11, 1985. CONFERENCE COMMITTEE REPORT Section 4. The secretary of the Department of Health and House Bill No. 1867 By Representative Alexander Hospitals, on behalf of the state of Louisiana, is hereby authorized to enter into such agreements, covenants, conditions, and stipulations and June 20, 1999 to execute such documents as are necessary to properly effectuate any conveyance, transfer, assignment, lease or delivery of title, excluding To the Honorable Speaker and Members of the House of mineral rights, to the property described in Section 2 herein, and as Representatives and the Honorable President and Members of the more specifically described in any such agreements entered into and Senate. documents executed by and between the secretary of the Department of Health and Hospitals and the Vermilion Parish Police Jury for the Ladies and Gentlemen: benefit received by the department from the maintenance, operation and the construction of an expansion to the parish health unit and parking We, the conferees appointed to confer over the disagreement lot by the Vermilion Parish Police Jury" between the two houses concerning House Bill No. 1867 by Representative Alexander, recommend the following concerning the Respectfully submitted, engrossed bill: Representatives: Senators: 1. That all Senate Committee Amendments proposed by the Senate Rodney M. Alexander Donald E. Hines Committee on Health and Welfare and adopted by the Senate on Mickey Frith John T. Schedler June 9, 1999, be adopted. Jay B. McCallum 2. That the following amendments to the reengrossed bill be adopted: Rules Suspended AMENDMENT NO. 1 Senator Hines asked for and obtained a suspension of the rules for On page 1, at the end of line 4, insert "to provide for the transfer of the purpose of considering the Conference Committee Report. On certain state property to the Vermillion Parish Police Jury for the motion of Senator Hines, a vote was taken on the adoption of the report. maintenance and operation of the parish health unit;" Page 22 SENATE 51st DAY'S PROCEEDINGS June 21, 1999

ROLL CALL "In addition to the elected members and user agency representative, the assistant director of facility planning and control shall participate as the The roll was called with the following result: seventh member of the board."

YEAS AMENDMENT NO. 4 On page 3, line 7, change "seventh" to "eighth" Mr. President Dyess Lambert Bajoie Ellington Lentini AMENDMENT NO. 5 Barham Fields C Malone On page 3, after line 18, insert the following: Bean Fields W Robichaux Boissiere Greene Romero "Section 2. The current Louisiana State Board of Architectural Branch Hainkel Schedler Examiners is hereby authorized and directed to conduct an election for membership on the Louisiana Architects Selection Board under the Cain Heitmeier Smith provisions of this Act. The election shall be conducted at a time and in Campbell Hines Tarver such a manner that the members elected pursuant to such election shall Casanova Hollis Theunissen begin their respective terms on September 15, 1999. Notwithstanding Cox Irons Thomas any provision of law to the contrary, the term of office of any member Cravins Johnson Ullo serving on the board on September 14, 1999 shall terminate at midnight Dardenne Jones on September 14, 1999. Dean Jordan Section 3. This Act shall become effective upon signature by the Total—37 governor or, if not signed by the governor, upon expiration of the time NAYS for bills to become law without signature by the governor, as provided in Article III, Section 18 of the Constitution of Louisiana. If vetoed by Landry the governor and subsequently approved by the legislature, this Act shall Total—1 become effective on the day following such approval." ABSENT Respectfully submitted, Siracusa Total—1 Representatives: Senators: William Daniel Ron Landry The Chair declared the Conference Committee Report was Vic Stelly Louis Lambert adopted. Senator Hines moved to reconsider the vote by which the Paulette Irons report was adopted and laid the motion on the table. Rules Suspended CONFERENCE COMMITTEE REPORT Senator Landry asked for and obtained a suspension of the rules for House Bill No. 2079 By Representative Daniel the purpose of considering the Conference Committee Report. On motion of Senator Landry, a vote was taken on the adoption of the June 20, 1999 report. To the Honorable Speaker and Members of the House of Representatives and the Honorable President and Members of the ROLL CALL Senate. The roll was called with the following result: Ladies and Gentlemen: YEAS We, the conferees appointed to confer over the disagreement between the two houses concerning House Bill No. 2079 by Mr. President Ellington Lambert Representative Daniel, recommend the following concerning the Bajoie Fields C Landry engrossed bill: Barham Fields W Lentini Bean Greene Malone 1. That the Senate Floor Amendments proposed by Senator Lambert Boissiere Hainkel Robichaux and adopted by the Senate on June 16, 1999, be rejected. Branch Heitmeier Romero Cain Hines Schedler 2. That the Senate Floor Amendments proposed by Senator Landry Campbell Hollis Smith and adopted by the Senate on June 16, 1999, be rejected. Cox Irons Tarver Cravins Johnson Theunissen 3. That the following amendments to the engrossed bill be adopted: Dardenne Jones Thomas Dyess Jordan Ullo AMENDMENT NO. 1 Total—36 On page 1, line 5, after "architects: and before "to provide for" insert: NAYS "to provide relative to the election and term of members of the board;" Total—0 AMENDMENT NO. 2 ABSENT On page 1, line 14, change "seven" to "eight" Casanova Dean Siracusa AMENDMENT NO. 3 Total—3 On page 2, line 13, after the period "." and before "The" insert: The Chair declared the Conference Committee Report was adopted. Senator Landry moved to reconsider the vote by which the report was adopted and laid the motion on the table. 51st DAY'S PROCEEDINGS Page 23 SENATE June 21, 1999

CONFERENCE COMMITTEE REPORT To the Honorable Speaker and Members of the House of Representatives and the Honorable President and Members of the House Bill No. 2119 By Representatives Waddell and Winston Senate. June 20, 1999 Ladies and Gentlemen: To the Honorable Speaker and Members of the House of We, the conferees appointed to confer over the disagreement Representatives and the Honorable President and Members of the between the two houses concerning House Bill No. 2136 by Senate. Representative Downer, recommend the following concerning the engrossed bill: Ladies and Gentlemen: 1. That all the amendments proposed by the Senate Committee on We, the conferees appointed to confer over the disagreement Retirement and adopted by the Senate on June 7, 1999, be between the two houses concerning House Bill No. 2119 by rejected. Representatives Waddell and Winston, recommend the following concerning the engrossed bill: Respectfully submitted, 1. That the Senate Floor Amendments Nos. 1 through 9 proposed by Representatives: Senators: Senator Irons adopted by the Senate June 16, 1999, be rejected. Huntington B. Downer, Jr. Francis C. Heitmeier Victor T. Stelly Ronald C. Bean Respectfully submitted, Ronnie Johns Lambert C. Boissiere, Jr. Representatives: Senators: Rules Suspended Wayne Waddell Jay Dardenne Charles D. Lancaster, Jr. Ron Bean Senator Heitmeier asked for and obtained a suspension of the rules Diane Winston Paulette R. Irons for the purpose of considering the Conference Committee Report. On motion of Senator Heitmeier, a vote was taken on the adoption of the Rules Suspended report. Senator Dardenne asked for and obtained a suspension of the rules ROLL CALL for the purpose of considering the Conference Committee Report. On motion of Senator Dardenne, a vote was taken on the adoption of the The roll was called with the following result: report. YEAS ROLL CALL Mr. President Dyess Lambert The roll was called with the following result: Bajoie Ellington Landry Barham Fields C Lentini YEAS Bean Fields W Malone Boissiere Greene Robichaux Mr. President Dyess Lambert Branch Hainkel Romero Bajoie Ellington Landry Cain Heitmeier Schedler Barham Fields C Lentini Campbell Hollis Smith Bean Fields W Malone Casanova Irons Tarver Boissiere Greene Robichaux Cox Johnson Theunissen Branch Hainkel Romero Cravins Jones Thomas Campbell Heitmeier Schedler Dardenne Jordan Ullo Casanova Hollis Smith Total—36 Cox Irons Tarver NAYS Cravins Johnson Theunissen Dardenne Jones Thomas Total—0 Dean Jordan Ullo ABSENT Total—36 NAYS Dean Hines Siracusa Total—3 Total—0 ABSENT The Chair declared the Conference Committee Report was adopted. Senator Heitmeier moved to reconsider the vote by which the Cain Hines Siracusa report was adopted and laid the motion on the table. Total—3 CONFERENCE COMMITTEE REPORT The Chair declared the Conference Committee Report was adopted. Senator Dardenne moved to reconsider the vote by which the House Bill No. 1923 By Representatives McMains, report was adopted and laid the motion on the table. Ansardi and McCain CONFERENCE COMMITTEE REPORT June 20, 1999 House Bill No. 2136 By Representative Downer To the Honorable Speaker and Members of the House of Representatives and the Honorable President and Members of the June 20, 1999 Senate. Page 24 SENATE 51st DAY'S PROCEEDINGS June 21, 1999

Ladies and Gentlemen: The Chair declared the Senate refused to recommit the bill to the We, the conferees appointed to confer over the disagreement Conference Committee. between the two houses concerning House Bill No. 1923 by Representatives McMains, Ansardi and McCain, recommend the ROLL CALL following concerning the reengrossed bill: The roll was called on the original motion to adopt the Conference 1. That the Senate Committee Amendments proposed by the Senate Committee Report with the following result: Committee on Judiciary A and adopted by the Senate on June 2, 1999, be adopted. YEAS

2. That the Legislative Bureau Amendments proposed by the Mr. President Dyess Landry Legislative Bureau and adopted by the Senate on June 4, 1999, be Bajoie Ellington Lentini adopted. Barham Fields C Malone Bean Fields W Robichaux 3. That Senate Floor Amendments Nos. 1 through 4 proposed by Boissiere Heitmeier Schedler Senator Cain and adopted by the Senate on June 10, 1999, be adopted. Branch Hines Tarver Campbell Hollis Theunissen 4. That Senate Floor Amendments Nos. 5 and 6 proposed by Senator Casanova Irons Thomas Cain and adopted by the Senate on June 10, 1999, be rejected. Cox Johnson Ullo Dardenne Jones Respectfully submitted, Dean Lambert Total—31 Representatives: Senators: NAYS Charles F. McMains, Jr. Ron Landry Audrey A. McCain Senator Chris Ullo Cain Greene Jordan James David Cain Cravins Hainkel Total—5 Rules Suspended ABSENT Senator Landry asked for and obtained a suspension of the rules for Romero Siracusa Smith the purpose of considering the Conference Committee Report. Total—3 Senator Landry moved that the Conference Committee Report be The Chair declared the Conference Committee Report was adopted. adopted. Senator Landry moved to reconsider the vote by which the report was adopted and laid the motion on the table. Senator Cain moved as a substitute motion that the Conference Committee Report be recommitted to the Conference Committee. CONFERENCE COMMITTEE REPORT Senator Landry objected. House Bill No. 2174 By Representative Stelly ROLL CALL June 20, 1999 To the Honorable Speaker and Members of the House of The roll was called on the substitute motion with the following Representatives and the Honorable President and Members of the result: Senate. YEAS Ladies and Gentlemen: Barham Dean Malone We, the conferees appointed to confer over the disagreement Bean Ellington Romero between the two houses concerning House Bill No. 2174 by Boissiere Greene Schedler Representative Stelly, recommend the following concerning the Branch Hainkel Smith engrossed bill: Cain Hollis Theunissen Casanova Jordan 1. That the amendments proposed by the Senate Committee on Total—17 Retirement and adopted by the Senate on May 25, 1999, be NAYS adopted. Bajoie Fields W Lambert 2. That the following amendments to the engrossed bill be adopted: Campbell Heitmeier Landry Cox Hines Robichaux AMENDMENT NO. 1 Cravins Irons Tarver On page 1, delete lines 3 through 5 in their entirety and insert "R.S. Dardenne Johnson Ullo 11:102(B)(2)(c) and 153.1, relative to all state and statewide public Fields C Jones retirement systems; to provide with respect to the purchase of credit for Total—17 certain military service;" ABSENT AMENDMENT NO. 2 Mr. President Lentini Thomas On page 1, at the beginning of line 15, delete "R.S. 11:102(B)(2)(c) is" Dyess Siracusa and insert "R.S. 11:102(B)(2)(c) and 153.1 are" Total—5 51st DAY'S PROCEEDINGS Page 25 SENATE June 21, 1999

AMENDMENT NO. 3 Total—1 On page 2, after line 26, add: ABSENT

"§153.1. Service credit; state national guard; coast guard; reserve forces Fields W Siracusa Thomas A.(1) Any member of a state or statewide public retirement system Total—3 shall be eligible to purchase credit for service in the state national guard, coast guard, or reserve forces, subject to the provisions of this Section. The Chair declared the Conference Committee Report was (2) In order to obtain such credit the member shall pay into the adopted. Senator Hainkel moved to reconsider the vote by which the applicable system an amount required under the provisions of R.S. report was adopted and laid the motion on the table. 11:158. The amount to be paid shall be paid in one lump sum or in such installments as shall be agreed upon by the member and the applicable Senator Barham in the Chair board of trustees, but all such payments shall be paid in full within three years after the date of the application for purchase of credit for such CONFERENCE COMMITTEE REPORT service. B.(1) Any such employee seeking to purchase credit for military House Bill No. 2242 By Representative Curtis service under the provisions of this Section shall first submit to the applicable state or statewide public retirement system an official copy of June 18, 1999 the employee's retirement points as maintained by the employee's respective military branch. To the Honorable Speaker and Members of the House of (2) Any such employee shall be entitled to purchase military credit Representatives and the Honorable President and Members of the in the applicable state or statewide public retirement system based on his Senate. accrued points and in an amount equal to one day of retirement credit for each point, not to exceed a total of four years of retirement credit. Ladies and Gentlemen: C.(1) Any purchase of credit under the provisions of this Section shall be subject to the provisions of R.S. 11:153(E), (F), and (G). We, the conferees appointed to confer over the disagreement (2) Each state and statewide public retirement system shall cause between the two houses concerning House Bill No. 2242 by to be promulgated such regulations as are necessary for the Representative Curtis, recommend the following concerning the administration of such purchases made pursuant to this Section. engrossed bill: D. The provisions of this Section shall apply to all purchases of credit for service in the state national guard, coast guard, or reserve 1. That Senate Committee Amendment No. 1 proposed by the Senate forces, which are transacted on and after July 1, 1999. The provisions Committee on Local and Municipal Affairs and adopted by the of R.S. 11:153 shall govern all such purchases transacted on or before Senate on June 1, 1999 be adopted. June 20, 1999." 2. That Senate Floor Amendments Nos. 1 and 2 proposed by Senator Respectfully submitted, Dyess and adopted by the Senate on June 3, 1999 be rejected. Representatives: Senators: 3. That Senate Floor Amendments Nos. 3 through 12, proposed by Victor T. Stelly John J. Hainkel, Jr. Senator Dyess and adopted by the Senate on June 3, 1999 be Daniel T. Flavin Ron J. Landry adopted. Ronnie Johns 4. That the Legislative Bureau amendment adopted by the Senate on Rules Suspended June 2, 1999 be rejected. Senator Hainkel asked for and obtained a suspension of the rules 5. That the following amendments to the engrossed bill be adopted: for the purpose of considering the Conference Committee Report. On motion of Senator Hainkel, a vote was taken on the adoption of the AMENDMENT NO. 1 report. On page 1, line 2, after "R.S. 33:2740.46," insert "2740.47, and 2740.48," ROLL CALL AMENDMENT NO. 2 The roll was called with the following result: On page 1, line 2, change "the city of Alexandria;" to "economic development districts;" YEAS AMENDMENT NO. 3 Mr. President Dean Lambert On page 1, at the end of line 3, after "Alexandria" delete the semi-colon Bajoie Dyess Landry ";" and insert "and the New Orleans Central City Economic Barham Ellington Lentini Development District;" Bean Fields C Malone Boissiere Greene Robichaux AMENDMENT NO. 4 Branch Hainkel Romero On page 1, line 4, change "district;" to "districts;" Cain Heitmeier Schedler Campbell Hines Smith AMENDMENT NO. 5 Casanova Hollis Tarver On page 1, line 5, change "district," to "districts," Cox Irons Theunissen AMENDMENT NO. 6 Cravins Johnson Ullo On page 1, line 7, change "district" to "Alexandria Central Economic Dardenne Jones Development District" Total—35 NAYS AMENDMENT NO. 7 Jordan Page 26 SENATE 51st DAY'S PROCEEDINGS June 21, 1999

On page 1, line 8, between "bonds;" and "and to" insert "to provide Sharon Weston Broome Diana E. Bajoie relative to the governing authority of economic districts in certain Wilfred Pierre Charles D. Jones parishes;" Rules Suspended AMENDMENT NO. 8 On page 1, line 13, change "R.S. 33:2740.46 is" to "R.S. 33:2740.46, Senator Bajoie asked for and obtained a suspension of the rules for 2740.47, and 2740.48 are" the purpose of considering the Conference Committee Report. On motion of Senator Bajoie, a vote was taken on the adoption of the AMENDMENT NO. 9 report. On page 7, between lines 13 and 14, insert the following: "§2740.47. New Orleans Central City Economic Development District ROLL CALL A. The New Orleans Central City Economic Development District, hereinafter referred to as the "district", is hereby created and is The roll was called with the following result: declared to be a body politic and political subdivision of the state of Louisiana, as defined in Article VI, Section 44 of the Constitution of YEAS Louisiana. The district, acting through its board of commissioners, the governing authority of said district, is hereby granted all of the rights, Bajoie Dyess Lambert powers, privileges, and immunities granted to political subdivisions for Barham Ellington Landry industrial, commercial, research, and economic development purposes, Bean Fields C Lentini excluding the powers of expropriation and taxation. Boissiere Fields W Malone B. The district is established for the primary object and purpose of Branch Hainkel Romero establishing and adopting a master economic development plan for the Cain Heitmeier Schedler central city area. Campbell Hines Smith C. The boundaries of the district shall be comprised of that area Casanova Hollis Tarver of the city bounded by Howard Avenue, Carondelet Street, Simon Cox Irons Theunissen Bolivar and Washington Ave. Cravins Johnson Ullo D.(1) The board of commissioners, hereinafter referred to as the Dardenne Jones board, shall be composed of the following members: Dean Jordan (a)(i) One member shall be the mayor of New Orleans or his Total—34 designee. NAYS (ii) One member shall be appointed by the mayor of New Orleans. (b) One member shall be the city councilman who represents the Total—0 district, or his designee. ABSENT (c)(i) One member shall be the state senator who represents the district or his designee. Mr. President Robichaux Thomas (ii) One member shall be appointed by the state senator who Greene Siracusa represents the district. Total—5 (d) Each state representative who represents the district shall be a member or shall appoint a designee. The Chair declared the Conference Committee Report was (e) Three members shall be members of and appointed by Central adopted. Senator Bajoie moved to reconsider the vote by which the City Partnership. report was adopted and laid the motion on the table. (f) Two members shall be members of and appointed by the Aretha Castle Halley Business Association. CONFERENCE COMMITTEE REPORT (2) The state senator who represents the district shall call the first meeting of the board no later than January 31, 2000. At the first House Bill No. 2251 By Representative Flavin meeting the members shall elect a chair, a vice chairman, secretary, and any other officers needed. June 20, 1999 (3) In preparation of the economic development plan, as provided in Subsection A of this Section, the board shall make careful and To the Honorable Speaker and Members of the House of comprehensive surveys and studies of present conditions and future Representatives and the Honorable President and Members of the economic growth of the district. A plan shall be made with the general Senate. purpose of guiding and accomplishing coordinated, adjusted, and harmonious economic development of the district, which will, in Ladies and Gentlemen: accordance with present and future needs, best promote the natural, cultural, and economic resources of the district and the citizens and We, the conferees appointed to confer over the disagreement businesses in the district. between the two houses concerning House Bill No. 2251 by §2740.48. Board of commissioners, certain economic and industrial Representative Flavin, recommend the following concerning the development districts engrossed bill: Notwithstanding any provision of law to the contrary, members of the board of commissioners in an economic and industrial development 1. That Amendment Nos. 1, 2, and 4, proposed by the Senate district in any parish with a population of between seventy-eight Committee on Retirement and adopted by the Senate on June 7, thousand and eighty-four thousand as of the most recent federal census 1999, be rejected. shall be eligible for reappointment to the board at the expiration of any full or interim term. Furthermore, nine members of such a board shall 2. That Amendment No. 3 proposed by the Senate Committee on constitute a quorum." Retirement and adopted by the Senate on June 7, 1999, be adopted. Respectfully submitted, Respectfully submitted, Representatives: Senators: Israel B. Curtis B. G. Dyess Representatives: Senators: 51st DAY'S PROCEEDINGS Page 27 SENATE June 21, 1999

Daniel T. Flavin Francis C. Heitmeier Senators: Representatives: Victor T. Stelly Ron J. Landry Ron Landry Sherman Copeland Ronnie Johns John T. Schedler John Hainkel Edwin R. Murray Randy Ewing Rules Suspended Rules Suspended Senator Heitmeier asked for and obtained a suspension of the rules for the purpose of considering the Conference Committee Report. On Senator Landry asked for and obtained a suspension of the rules for motion of Senator Heitmeier, a vote was taken on the adoption of the the purpose of considering the Conference Committee Report. On report. motion of Senator Landry, a vote was taken on the adoption of the report. ROLL CALL ROLL CALL The roll was called with the following result: The roll was called with the following result: YEAS YEAS Bajoie Ellington Lambert Barham Fields C Landry Bajoie Ellington Lambert Bean Fields W Lentini Barham Fields C Landry Boissiere Hainkel Malone Bean Fields W Lentini Branch Heitmeier Romero Boissiere Greene Malone Cain Hines Schedler Branch Hainkel Romero Casanova Hollis Smith Cain Heitmeier Schedler Cox Irons Tarver Casanova Hines Smith Cravins Johnson Theunissen Cox Hollis Tarver Dardenne Jones Ullo Cravins Irons Theunissen Dean Jordan Dardenne Johnson Ullo Total—32 Dean Jones NAYS Dyess Jordan Total—34 Total—0 NAYS ABSENT Total—0 Mr. President Greene Thomas ABSENT Campbell Robichaux Dyess Siracusa Mr. President Robichaux Thomas Total—7 Campbell Siracusa Total—5 The Chair declared the Conference Committee Report was adopted. Senator Heitmeier moved to reconsider the vote by which the The Chair declared the Conference Committee Report was report was adopted and laid the motion on the table. adopted. Senator Landry moved to reconsider the vote by which the report was adopted and laid the motion on the table. Rules Suspended SENATE CONFERENCE COMMITTEE REPORT Senator Landry asked for and obtained a suspension of the rules for the purpose of reconsidering the vote by which the previous Conference Senate Bill No. 540 by Senator Hines Committee Report on Senate Bill No. 54 was adopted in consideration of a corrected Conference Committee Report. June 18, 1999 SENATE CONFERENCE COMMITTEE REPORT To the Honorable President and Members of the Senate and to the Honorable Speaker and Members of the House of Representatives: Senate Bill No. 54 by Senators Landry We, the conferees appointed to confer over the disagreement June 20, 1999 between the two houses concerning Senate Bill 540 by Senator Hines recommend the following concerning the Engrossed bill: To the Honorable President and Members of the Senate and to the Honorable Speaker and Members of the House of Representatives: 1. That House Floor Amendments proposed by Representative Deville and adopted by the House on June 15, 1999 be rejected. We, the conferees appointed to confer over the disagreement between the two houses concerning Senate Bill 54 by Senator Landry 2. That the following amendments to the engrossed bill be adopted. recommend the following concerning the Re-reengrossed bill: AMENDMENT NO. 1 1. That House Committee Amendment Nos. 1 through 3 proposed by On page 1, line 5, after "incarcerated" insert "or when the parents are the House Committee on Ways and Means and adopted by the legally separated or living apart" House on June 9, 1999 be adopted. AMENDMENT NO. 2 Respectfully submitted, On page 2, after line 12, insert the following: Page 28 SENATE 51st DAY'S PROCEEDINGS June 21, 1999

"D. If the parents of a minor child or children of the marriage are Respectfully submitted, legally separated or living apart for a period of six months, the grandparents or siblings of the child or children may have reasonable Senators: Representatives: visitation rights to the child or children during their minority, if the court Tom Schedler John "Juba" Diez in its discretion find that such visitation rights would be in the best Paulette Irons D.A. "Butch" Gautreaux interest of the child or children." Mitchell R. Theriot Respectfully submitted, Rules Suspended Senators: Representatives: Senator Schedler asked for and obtained a suspension of the rules Donald E. Hines Troy Hebert for the purpose of considering the Conference Committee Report. J. "Max" Jordan, Jr. John Dirk Deville Jay Dardenne F. Charles McMains Senator Schedler moved that the Conference Committee Report be adopted. Rules Suspended Senator Landry moved as a substitute motion that the Conference Senator Hines asked for and obtained a suspension of the rules for Committee Report be recommitted to the Conference Committee. the purpose of considering the Conference Committee Report. On motion of Senator Hines, a vote was taken on the adoption of the report. Senator Schedler objected. ROLL CALL ROLL CALL The roll was called with the following result: The roll was called on the substitute motion with the following YEAS result:

Bajoie Dyess Jordan YEAS Barham Ellington Lambert Bean Fields C Landry Bajoie Fields C Malone Boissiere Fields W Lentini Bean Hines Romero Branch Greene Malone Cain Hollis Tarver Cain Hainkel Robichaux Campbell Johnson Theunissen Campbell Heitmeier Romero Cox Jones Thomas Casanova Hines Schedler Cravins Jordan Ullo Cox Hollis Smith Dean Lambert Cravins Irons Tarver Dyess Landry Dardenne Johnson Theunissen Total—22 Dean Jones Ullo NAYS Total—36 NAYS Barham Ellington Lentini Casanova Hainkel Schedler Dardenne Heitmeier Smith Total—0 Total—9 ABSENT ABSENT Mr. President Siracusa Thomas Mr. President Fields W Robichaux Total—3 Boissiere Greene Siracusa Branch Irons The Chair declared the Conference Committee Report was Total—8 adopted. Senator Hines moved to reconsider the vote by which the report was adopted and laid the motion on the table. The Chair declared the bill was recommitted to Conference Committee. Senator Hainkel in the Chair SENATE CONFERENCE COMMITTEE REPORT SENATE CONFERENCE COMMITTEE REPORT Senate Bill No. 893 by Jones Senate Bill No. 598 by Senator Schedler June 20, 1999 June 20, 1999 To the Honorable President and Members of the Senate and to the To the Honorable President and Members of the Senate and to the Honorable Speaker and Members of the House of Representatives: Honorable Speaker and Members of the House of Representatives: We, the conferees appointed to confer over the disagreement We, the conferees appointed to confer over the disagreement between the two houses concerning Senate Bill 893 by Senator Jones between the two houses concerning Senate Bill 598 by Senator Schedler recommend the following concerning the reengrossed bill: recommend the following concerning the Engrossed bill: 1. That House Floor Amendments No. 1 and 2 proposed by 1. That the House Committee Amendments proposed by the House Representative Windhorst and adopted by the House on June 15, Committee on Transportation, Highways, and Public Works and 1999, be rejected. adopted by the House on May 27, 1999 be adopted. 51st DAY'S PROCEEDINGS Page 29 SENATE June 21, 1999

2. That House Floor Amendments No.1 through No. 4 proposed by AMENDMENT NO. 1 Representative Hunter and adopted by the House on June 15, On page 1, line 4, between "Parish;" and "to" insert the following: "to 1999, be rejected. direct the transfer of certain properties in West Feliciana Parish between the Department of Wildlife and Fisheries and the office of state parks, Respectfully submitted, Department of Culture, Recreation and Tourism;" Senators: Representatives: AMENDMENT NO. 2 Charles D. Jones Willie Hunter, Jr. On page 3, between lines 5 and 6 insert the following: Noble E. Ellington Edwin R. Murray Lomax Jordan "Section 6. The Department of Wildlife and Fisheries, within one year of the effective date of this Section, shall transfer approximately Rules Suspended three hundred sixty-five acres of property within the Tunica Wildlife Management Area to the office of state parks, Department of Culture, Senator Jones asked for and obtained a suspension of the rules for Recreation and Tourism, as described: the purpose of considering the Conference Committee Report. On motion of Senator Jones, a vote was taken on the adoption of the report. TRACT ONE: A certain tract or parcel of land, together with all buildings and improvements thereon and with all the rights, ways, privileges, servitudes, prescriptions and advantages ROLL CALL thereunto belonging or in any way appertaining, consisting of all The roll was called with the following result: of the property owned by the Department of Wildlife and Fisheries in Township 1 South, Range 4 West, Section 54, West Feliciana YEAS Parish, Louisiana, lying to the west and southwest of an artificial boundary identified as the Old L & A Rail Road grade and Mr. President Dardenne Jones extending to the Mississippi River per the Edgar Tobin Aerial Bajoie Dean Jordan Survey, Map Number P-365; and, Barham Dyess Landry Bean Ellington Lentini TRACT TWO: A certain tract or parcel of land, together with Boissiere Fields C Malone all buildings and improvements thereon and with all the rights, Branch Fields W Romero ways, privileges, servitudes, prescriptions and advantages Cain Hainkel Schedler thereunto belonging or in any way appertaining, consisting of all Campbell Heitmeier Smith of the property owned by the Department of Wildlife and Fisheries Casanova Hines Tarver in Township 1 south, Range 4 West, Sections 28 and 54, West Cox Hollis Theunissen Feliciana Parish, Louisiana, lying to the south and west of an Cravins Johnson Ullo artificial boundary identified as a road or trail known to the parties Total—33 herein authorized, and commencing in the northwest corner of NAYS Section 54 and extending in a northeasterly direction into Section 28 and thereafter turning and extending in a southeasterly direction Total—0 back to the section line common to Sections 28 and 54 and thereafter turning and extending in a southwesterly direction ABSENT through Section 54 to the old L & A Rail Road grade identified Greene Lambert Siracusa above. See attached plat. Irons Robichaux Thomas Section 7. The office of state parks, Department of Culture, Total—6 Recreation and Tourism, within one year of the effective date of this The Chair declared the Conference Committee Report was Section, shall transfer approximately three hundred acres to the adopted. Senator Jones moved to reconsider the vote by which the Department of Wildlife and Fisheries as described: report was adopted and laid the motion on the table. Property transferred to the State of Louisiana by Exchange Oil and Gas Corporation on the 29th day of October, 1982, and more SENATE CONFERENCE COMMITTEE REPORT particularly described to wit: Senate Bill No. 1060 by Barham TRACT ONE: A certain tract or parcel or land, together with all buildings and improvements thereon, and all the rights, ways, June 20, 1999 privileges, servitudes, prescriptions and advantages thereunto To the Honorable President and Members of the Senate and to the belonging or in anywise appertaining, situated in Section 69, Honorable Speaker and Members of the House of Representatives: Township 1 South, Range 4 West, St. Helena Meridian, West Feliciana Parish, Louisiana, containing 132.04 acres, more or less, We, the conferees appointed to confer over the disagreement and described as follows: Beginning at the Southwest corner of between the two houses concerning Senate Bill 1060 by Barham Section 69, thence North 0 degrees 30 minutes east 43.60 chains recommend the following concerning the Engrossed bill: to an X on a gum tree, thence East 32.60 chains to an X on a Holly and Gum at the intersection of Mrs. Row's fence; thence North 82 1. That House Floor Amendment Nos. 1 through 4 proposed by degrees 15 minutes West 7.00 chains to a corner; thence south 8 Representative Jack Smith and adopted by the House on June 4, degrees 00 minutes West 6.00 chains to a corner; thence West 1999, be adopted. 22.84 chains to point of beginning. 2. That House Floor Amendment Nos. 1 through 3 proposed by TRACT TWO: A certain tract or parcel of land, together with Representative Marionneaux and adopted by the House on June 4, all buildings and improvements thereon and with all the rights, 1999, be rejected. ways, privileges, servitudes, prescriptions and advantages thereunto belonging or in anywise appertaining, situated in Section 3. That the following amendments to the engrossed bill be adopted: 79, Township 1 South Range 4 West, St. Helena Meridian, West Feliciana Parish, Louisiana, containing 108.83 acres, more or less, Page 30 SENATE 51st DAY'S PROCEEDINGS June 21, 1999

and bounded now or formerly as follows: On the North by Lot Total—0 Number 4 of the partition of the lands of the heirs of J. H. ABSENT Hobgood; on the East by Louisiana State Highway Number 66; formerly Highway No. 124, on the South by lands of the heirs of Greene Heitmeier Siracusa Steve Bellish and Douglas M. Hamilton and on the West by lands Total—3 of Douglas M. Hamilton, less and except 50 acres thereof sold by Dr. John H. Hobgood, et al to the State of Louisiana, as will appear The Chair declared the Conference Committee Report was by reference to said act of sale of record in Book 45, at page 322 adopted. Senator Barham moved to reconsider the vote by which the of the conveyance records of West Feliciana Parish, Louisiana. report was adopted and laid the motion on the table.

TRACT THREE: A certain tract or parcel of land, together SENATE CONFERENCE COMMITTEE REPORT with all buildings and improvements thereon and all the rights thereunto belonging or anywise appertaining, situated in Sections Senate Bill No. 1076 by Senator Dean 78 and 79, 92 and 96, Township 1 South, Range 4 West, St. Helena Meridian, West Feliciana Parish, Louisiana, being more June 21, 1999 particularly shown as Lot Number 5 on map of survey by R. F. Havard and James H. Kilbourne, Surveyor, which is attached to To the Honorable President and Members of the Senate and to the that certain act of partition between the heirs of Henry Hobgood Honorable Speaker and Members of the House of Representatives: and recorded in Book 44, page 373 of the conveyance records of West Feliciana Parish, Louisiana, containing 108.83 acres. We, the conferees appointed to confer over the disagreement between the two houses concerning Senate Bill 1076 by Senator Dean Being the same property acquired on June 23, 1970 by the recommend the following concerning the Engrossed bill: Exchange Oil and Gas Corporation and registered in the records of the Clerk of Court of West Feliciana Parish, State of Louisiana, 1. That all House Committee Amendments proposed by the House entry Nos. 9973 and 9974 in COB 61, folio 241, etc. Committee on Natural Resources and adopted by the House of Representatives on June 2, 1999 be rejected. Section 8. The secretary of the Department of Wildlife and Fisheries, the assistant secretary of the office of the state parks, and the 2. That the following amendments be adopted: secretary of the Department of Culture, Recreation and Tourism are hereby authorized, empowered and directed to prepare such documents AMENDMENT NO. 1 as may be necessary to convey, assign and transfer title to the property On page 1, line 9, between "reports;" and "and to" insert the following: described in Sections 4 and 5 of this Act." "to provide for payment of funds to judicially expropriated owners;" AMENDMENT NO. 3 AMENDMENT NO. 2 On page 3, line 6, change "Section 4" to "Section 9" On page 5, between lines 6 and 7 insert the following: Respectfully submitted, "(C) Notwithstanding any other law or court order to the contrary, the Orleans Levee District shall pay the claims for royalties, plus interest Senators: Representatives: in those amounts determined under Act No. 1364 of the 1997 Regular Robert J. Barham Robert Marionneaux, Jr. Session to all "judicially expropriated owners" of land in the Bohemia Thomas A. Greene John R. Smith Spillway as identified in Exhibit "A" in the "Motion and Order For Jack D. Smith Leave to Pay Claims" filed in the Twenty-fifth District Court for the Parish of Plaquemines, State of Louisiana, Docket Number 31-357 on Rules Suspended December 8, 1998. After the effective date of this Act, the Orleans Levee District, upon receiving appropriate identification from the Senator Barham asked for and obtained a suspension of the rules individual claimants listed in said Exhibit "A", shall pay to those for the purpose of considering the Conference Committee Report. On claimants a sum equal to the amount of their claims as shown in said motion of Senator Barham, a vote was taken on the adoption of the Exhibit "A". The payments made by the Orleans Levee District, as report. legislatively mandated herein, shall not be construed as a waiver of any of the rights, claims, appeals, writs or defenses of the Orleans Levee District as to any other claimants, nor even as to the "judicially ROLL CALL expropriated owners" except to the extent of payments made under this The roll was called with the following result: Act." YEAS Respectfully submitted, Mr. President Dean Lambert Senators: Representatives: Bajoie Dyess Landry Lynn B. Dean Kenneth L. Odinet, Sr. Barham Ellington Lentini Craig F. Romero Stephen J. Windhorst Bean Fields C Malone Ernest D. Wooton Boissiere Fields W Robichaux Branch Hainkel Romero Rules Suspended Cain Hines Schedler Campbell Hollis Smith Senator Dean asked for and obtained a suspension of the rules for Casanova Irons Tarver the purpose of considering the Conference Committee Report. On Cox Johnson Theunissen motion of Senator Dean, a vote was taken on the adoption of the report. Cravins Jones Thomas Dardenne Jordan Ullo Total—36 NAYS 51st DAY'S PROCEEDINGS Page 31 SENATE June 21, 1999

ROLL CALL On page 2, line 19, change "(3)" to "(2)" The roll was called with the following result: AMENDMENT NO. 6 On page 2, line 25, change "(4)" to "(3)" YEAS AMENDMENT NO. 7 Mr. President Dyess Landry On page 2, line 27, change "one" to "three" Bajoie Ellington Lentini Barham Fields C Malone AMENDMENT NO. 8 Bean Fields W Robichaux On page 3, line 4, change "(5)" to "(4)" Boissiere Hainkel Romero Branch Heitmeier Schedler AMENDMENT NO. 9 Cain Hines Smith On page 3, line 6, change "one" to "three" Campbell Hollis Tarver Casanova Irons Theunissen AMENDMENT NO. 10 Cox Johnson Thomas On page 3, at the end of line 17, after "victim" insert Cravins Jones Ullo Dardenne Jordan "and any other person who has suffered a financial loss as a result of the Dean Lambert offense" Total—37 NAYS Respectfully submitted, Total—0 Senators: Representatives: ABSENT Randy L. Ewing Stephen J. Windhorst J. Lomax Jordan, Jr. Michael John Michot Greene Siracusa Charles D. Jones Total—2 Rules Suspended The Chair declared the Conference Committee Report was adopted. Senator Dean moved to reconsider the vote by which the Senator Ewing asked for and obtained a suspension of the rules for report was adopted and laid the motion on the table. the purpose of considering the Conference Committee Report. On motion of Senator Ewing, a vote was taken on the adoption of the SENATE CONFERENCE COMMITTEE REPORT report. Senate Bill No. 113 by Senator Ewing ROLL CALL June 20, 1999 The roll was called with the following result: To the Honorable President and Members of the Senate and to the YEAS Honorable Speaker and Members of the House of Representatives: Mr. President Dean Lambert We, the conferees appointed to confer over the disagreement Bajoie Dyess Landry between the two houses concerning Senate Bill 113 by Senator Ewing Barham Ellington Lentini recommend the following concerning the Engrossed bill: Bean Fields C Malone Boissiere Fields W Robichaux 1. That House Floor Amendment Nos. 1 through 3 proposed by Branch Hainkel Romero Representative Wilkerson and adopted by the House on April 13, Cain Hines Schedler 1999 be rejected. Campbell Hollis Smith Casanova Irons Tarver 2. That House Floor Amendment No. 1 proposed by Representative Cox Johnson Theunissen Michot and adopted by the House on May 25, 1999 be rejected. Cravins Jones Thomas Dardenne Jordan Ullo 3. That the following amendments to the reengrossed bill be adopted: Total—36 NAYS AMENDMENT NO. 1 On page 2, between lines 6 and 7 insert: Total—0 ABSENT "(l) Armed forces identification number." Greene Heitmeier Siracusa AMENDMENT NO. 2 Total—3 On page 2, line 9, between "obtain" and "credit" insert The Chair declared the Conference Committee Report was ", whether contemporaneously or not,' adopted. Senator Ewing moved to reconsider the vote by which the report was adopted and laid the motion on the table. AMENDMENT NO. 3 On page 2, delete lines 11 through 13 in their entirety SENATE CONFERENCE COMMITTEE REPORT AMENDMENT NO.4 Senate Bill No. 450 by Senator Dardenne On page 2, line 14, change "(2)" to "C.(1)" June 21, 1999 AMENDMENT NO. 5 Page 32 SENATE 51st DAY'S PROCEEDINGS June 21, 1999

To the Honorable President and Members of the Senate and to the by amendment to the appropriate report of such candidate, political Honorable Speaker and Members of the House of Representatives: committee, or other person. "Knowingly and willfully", for purposes of this Subsection, means conduct which could have been avoided We, the conferees appointed to confer over the disagreement through the exercise of due diligence. Such penalties shall be as between the two houses concerning Senate Bill 450 by Senator provided in Subsection A above. Dardenne recommend the following concerning the Reengrossed bill: C. Notwithstanding the provisions of Subsection A of this Section and the provisions of R.S. 42:1157, for committees that are supporting, 1. That House Committee Amendments No. 1, 3, 4, 5, 6, 8, 9, 12, opposing, or otherwise influencing the nomination or election of a 13, 14, 16, 17, and 18 proposed by the House Committee on person to public office the maximum amount of the penalty that shall be House and Governmental Affairs and adopted by the House on imposed for knowingly failing to file or knowingly failing to timely file April 22, 1999, be adopted. any reports required by this chapter for a special election shall be the total of the expenditures made for the purpose of supporting, opposing, 2. That House Committee Amendments No. 2, 7, 10, 11, and 15 or otherwise influencing the nomination or election of a person or proposed by the House Committee on House and Governmental persons to public office in such special election or the maximum penalty Affairs and adopted by the House on April 22, 1999, be rejected. under the provisions of Subsection A of this Section, whichever is less. This Subsection shall not apply to a candidate's principal campaign 3. That House Floor Amendment No. 1 proposed by Representative committee or any designated subsidiary committee of a candidate." Copelin and adopted by the House on April 28, 1999, be adopted. Section 2. R.S. 42:1119(B)(2)(a)(ii), 1124(D) and 1157(A)(1) are hereby amended and reenacted and R.S. 42:1157(A)(5) is hereby 4. That House Floor Amendment No. 1 proposed by Representative enacted to read as follows:" Lancaster and adopted by the House on April 28, 1999, be adopted. AMENDMENT NO. 3 On page 4, line 24, after "this" delete the remainder of the line and 5. That Amendments No. 1 and 2 proposed by the Legislative Bureau delete lines 25 and 26 in their entirety and insert the following: "Item and adopted on June 26, 1999, be adopted. may be assessed a late fee of fifty dollars per day, not to exceed on thousand five hundred dollars, subject to the provisions of R.S. 6. That the following amendments to the Reengrossed bill be 42:1157.2 adopted: (b) * * *" AMENDMENT NO. 1. AMENDMENT NO. 4 On page 1, line 6, after "Ethics;" delete the remainder of the line and On page 5, line 6, after "this" delete the remainder of the line and delete insert the following: "to make the imposition of late fees for not timely line 7 in its entirety and insert the following: "Item may be assessed a filing certain campaign finance reports discretionary; to make the late fee of fifty dollars per day, not to exceed one thousand five hundred imposition of certain civil penalties discretionary; to provide for the dollars, subject to the provisions of R.S. 42:1157.2" maximum late fees" Respectfully submitted, AMENDMENT NO. 2 On page 2, delete lines 25 through 27, and on page 3, delete lines 1 Senators: Representatives: through 27, and on page 4, delete lines 1 through 14, and insert in lieu Jay Dardenne Charles Lancaster thereof the following: Robert Barham Sherman Copelin Thomas Greene C.E. "Peppi" Bruneau, Jr. (3)(a) If a person, other than a political committee, required to file is supporting or opposing a candidate or candidates, the penalty Rules Suspended applicable to such candidate or candidates as provided in Subparagraph (a),(b), or (c) of Paragraph (2) of this Subsection shall apply. Senator Dardenne asked for and obtained a suspension of the rules (b) If a person, other than a political committee, required to file is for the purpose of considering the Conference Committee Report. On supporting or opposing candidates with different penalty levels, the motion of Senator Dardenne, a vote was taken on the adoption of the penalty shall be the highest penalty for any such candidate. report. (4)(a) For reports required by this Chapter which are required to be filed between the time a candidate qualifies and election day, in addition to any penalties required by which may be imposed under this ROLL CALL Section or any other law, the supervisory committee shall may impose The roll was called with the following result: on any person required to file such a report who has not filed such report by the sixth day after the report is due, after a hearing by the YEAS supervisory committee pursuant to the provisions of R.S. 18:1511.4(C), with notice to the party who is the subject of the hearing, an additional Mr. President Dean Jordan civil penalty not to exceed ten thousand dollars. Bajoie Dyess Lambert (b) For all other reports required by this Chapter, in addition to any Barham Ellington Landry penalties required by which may be imposed by this Section or any Bean Fields C Lentini other law, the supervisory committee shall may impose on any person Boissiere Fields W Malone required to file such a report who has not filed such report by the Branch Greene Robichaux eleventh day after the report is due, after a hearing by the supervisory Cain Heitmeier Romero committee pursuant to the provisions of R.S. 18:1511.4(C), with notice Campbell Hines Schedler to the party who is the subject of the hearing, an additional civil penalty Casanova Hollis Smith not to exceed ten thousand dollars. Cox Irons Tarver B. Any candidate, the treasurer or chairman of any political Cravins Johnson Theunissen committee, or any other person required to file reports under this Dardenne Jones Ullo Chapter who knowingly and willfully fails to disclose, or knowingly and Total—36 willfully fails to accurately disclose, any information required by this Chapter to be disclosed in the reports required herein, shall may be NAYS assessed a civil penalty for each day until such information is disclosed 51st DAY'S PROCEEDINGS Page 33 SENATE June 21, 1999

Total—0 A. A juror must rely upon his memory in reaching a verdict may be ABSENT permitted to take notes, unless timely objection is made by the state, any defendant, or the court. If taking notes is permitted: Hainkel Siracusa Thomas (1) The court shall provide the needed writing implements. Total—3 (2) Jurors may, but need not, take notes and such notes may be used during the jury's deliberations but shall not be preserved for review The Chair declared the Conference Committee Report was on appeal. adopted. Senator Dardenne moved to reconsider the vote by which the (3) The trial judge shall ensure the confidentiality of the notes report was adopted and laid the motion on the table. during the course of trial and the jury's deliberations, and shall cause the notes to be destroyed immediately upon return of the verdict. He shall Mr. President in the Chair not be permitted to refer to notes or to have access to any written evidence. SENATE CONFERENCE COMMITTEE REPORT B. Testimony shall not be repeated to the jury. Upon the request of a juror and in the discretion of the court, the jury may take with it or Senate Bill No. 562 by Senator Jordan have sent to it a written copy of all instructions and charges, as provided in Article 801, and any object or document received in evidence when June 20, 1999 a physical examination thereof is required to enable the jury to arrive at a verdict. To the Honorable President and Members of the Senate and to the * * * Honorable Speaker and Members of the House of Representatives: Art. 801. Time for charge; when written charge required A. The court shall charge the jury after the presentation of all We, the conferees appointed to confer over the disagreement evidence and arguments. The court shall reduce its charge to writing if between the two houses concerning Senate Bill 562 by Senator Jordan it is requested to do so by either a defendant or the state prior to the recommend the following concerning the Engrossed bill: swearing of the first witness at the trial on the merits or at any time by a juror. The court's written charge shall be read to the jury. The court 1. That House Floor Amendment Nos. 1 through 3 proposed by shall deliver a copy thereof to the defendant, and to the state, and, unless Representative McCain and adopted by the House on May 19, timely objection is made by the state, any defendant, or the court, to the 1999 be rejected. jury prior to reading it to the jury. B. Any party may not assign as error the giving or failure to give 2. That House Floor Amendment Nos. 4 through 8 proposed by a jury charge or any portion thereof unless an objection thereto is made Representative McCain and adopted by the House on May 19, before the jury retires or within such time as the court may reasonably 1999 be adopted. cure the alleged error. The nature of the objection and grounds therefor shall be stated at the time of objection. The court shall give the party an 3. That House Floor Amendment No. 1 proposed by Representative opportunity to make the objection out of the presence of jury. Green and adopted by the House on June 11, 1999 be adopted. * * * Art. 808. Manner of giving further charges after jury retires 4. That House Floor Amendment Nos. 1 through 4 proposed by If the jury or any member thereof, after having retired to deliberate Representative Perkins and adopted by the House on June 11, upon the verdict, desires further charges, the officer in charge shall 1999 be rejected. bring the jury into the courtroom, and the court shall in the presence of the defendant, his counsel, and the district attorney, further charge the 5. That House Floor Amendment No. 5 proposed by Representative jury. The further charge may be verbal, but shall be in writing if any Perkins and adopted by the House on June 11, 1999 be adopted. party or any juror so requests and such written further charges may be brought into the jury room and used by the jury in its deliberations to 6. That the following amendments to the engrossed bill be adopted: reach a verdict." AMENDMENT NO. 1 Respectfully submitted, On page 1, line 2, change "Art. 327(A)(4) and (B)," to "Articles 204, 210, 327(A)(4) and (B), 338, 793, 801, and 808" Senators: Representatives: J. Lomax Jordan, Jr. Anthony Richard Perkins AMENDMENT NO. 2 Ron Landry Stephen J. Windhorst On page 1, line 3, change "bail undertakings" to "criminal procedure" Rules Suspended AMENDMENT NO. 3 On page 1, line 4, after "charge;" insert "to provide with respect to Senator Jordan asked for and obtained a suspension of the rules for service of summons and execution of arrest warrants; to provide with the purpose of considering the Conference Committee Report. respect to service of a summons in criminal matters; to provide for the time period for executing arrest warrants in certain cases; to provide for Ruling from the Chair the form of the bail order; to provide for requirements of the bail undertaking; to allow jurors in criminal cases to take notes and use them Senator Romero asked for a ruling from the Chair as to whether during deliberations; to permit written instructions and charges to go to the amendment was germane to the bill. the jury room and be used during deliberations;" The Chair ruled that the amendment was not germane to the bill. AMENDMENT NO. 4 On page 1, line 6, change "Art." to "Articles 204, 210," and after "(B)" On motion of Senator Jordan, the report was recommitted to the insert ", 338, 793, 801 and 808" Conference Committee. AMENDMENT NO. 5 SENATE CONFERENCE COMMITTEE REPORT On page 2, after line 8, add the following: Senate Bill No. 310 by Senator Dyess "* * * Art. 793. Use of evidence in jury room; reading of recorded testimony Page 34 SENATE 51st DAY'S PROCEEDINGS June 21, 1999

June 21, 1999 applicant may be denied acceptance to a program or denied a license upon completion of a program. The institution shall provide a copy of To the Honorable President and Members of the Senate and to the such standards to any person making application. Honorable Speaker and Members of the House of Representatives: * * * §2048.31. Allied health professionals training programs; student We, the conferees appointed to confer over the disagreement admittance; documentation; records; authorization to between the two houses concerning Senate Bill 310 by Senator Dyess obtain criminal history record information recommend the following concerning the Engrossed bill: * * * B. Such records shall be submitted to the State Board of 1. That House Floor Amendments No. 7 proposed by Representative Elementary and Secondary Education Board of Regents and the higher Green and adopted by the House of Representatives on June 11, postsecondary education management boards on a quarterly basis and 1999 be adopted. shall also be submitted to the Allied Health Professionals Supply and Demand Commission on whatever schedule they request. 2. That House Floor Amendments No. 1, 2, 3, 4, 5, 6, 8, 9, 10, 11, R.S. 17:2048.31(C) is all proposed new law. 12, and 13 proposed by Representative Green and adopted by the C.(1) The Board of Supervisors of Community and Technical House of Representatives on June 11, 1999 be rejected. Colleges may: (a) Request and obtain state and national criminal history record 3. That the following amendments to the engrossed bill be adopted: information on any person making application to enroll as a student in a health occupations training program at a vocational institute or AMENDMENT NO. 1 community college. On page 1, line 2, after "2048.32(A)" insert ", and R.S. 37:969(B)(4)," (b) Charge and collect from an applicant, in addition to all other applicable fees and costs, such amount as may be incurred by the board AMENDMENT NO. 1 in requesting and obtaining criminal history record information on the On page 1, line 3, after "R.S. 37:969" change "(A)(6)" to "(B)(5)" applicant. (c) In cooperation with the Louisiana Bureau of Criminal AMENDMENT NO. 2 Identification and Information of the office of state police within the On page 1, lines 5 and 9, change "require" to "authorize" Department of Public Safety and Corrections promulgate the rules and regulations, and establish procedures in accordance with the AMENDMENT NO. 3 Administrative Procedure Act that are necessary to implement the On page 2, delete lines 7 through 27, delete pages 2 through 8, and on provisions of this Subsection. page 9, delete lines 1 through 4 in their entirety, and insert in lieu (2) Any and all state or national criminal history record information thereof the following: obtained by the board which is not already a matter of public record shall be deemed nonpublic and confidential information restricted to the "§2047. Nurse training programs; student demand; documentation; exclusive use of the board, its members, officers, investigators, agents, report; authorization to obtain criminal history record and attorneys in evaluating the applicant's eligibility or disqualification information for enrollment. No such information or records related thereto shall, * * * except with the written consent of the applicant or by order of a court B. Such records shall be submitted to the State Board of of competent jurisdiction, be released or otherwise disclosed by the Elementary and Secondary Education Board of Regents and the board to any other person or agency. postsecondary education management boards on a quarterly basis (3) The board shall provide each institution under its jurisdiction and shall also be submitted to the Nursing Supply and Demand with written standards specifying the requirements that must be met by Commission on whatever schedule they request. an applicant to a health occupations training program and the grounds R.S. 17:2047(C) is all proposed new law. on which an applicant may be denied acceptance to a program or denied C. (1) The Board of Supervisors of Community and Technical any license or permit upon completion of a program. The institution Colleges may: shall provide a copy of such standards to any person making application. (a) Request and obtain state and national criminal history record §2048.32. Allied health professionals training programs; expansion or information on any person making application to enroll as a student in establishment; salary of faculty members a nurse training program at any vocational institute or community A. The State Board of Elementary and Secondary Education, the college. Board of Regents, and the higher postsecondary education (b) Charge and collect from an applicant, in addition to all other management boards shall seek to expand or establish additional training applicable fees and costs, such amount as may be incurred by the board programs for identified allied health professionals whenever the in requesting and obtaining criminal history record information on the information reported pursuant to R.S. 17:2048.31 indicates a consistent applicant. lack of availability of places in existing training programs for qualified (c) In cooperation with the Louisiana State Board of Practical applicants. Nurse Examiners and the Louisiana Bureau of Criminal Identification * * * and Information of the office of state police within the Department of Section 2. R.S. 37:969(B)(4) is hereby amended and reenacted, Public Safety and Corrections, promulgate the rules and regulations, and and R.S. 37:969(B)(5) and 969.1 are hereby enacted to read as follows: establish procedures in accordance with the Administrative Procedure §969. Duties and powers of the board Act that are necessary to implement the provisions of this Subsection. * * * (2) Any and all state or national criminal history record information B. The board may: obtained by the board which is not already a matter of public record shall * * * be deemed nonpublic and confidential information restricted to the (4)(a) Request and obtain state and national criminal history exclusive use of the board, its members, officers, investigators, agents, record information on any person applying for any license or and attorneys in evaluating the applicant's eligibility or disqualification permit which the board is authorized by law to issue, including for enrollment. No such information or records related thereto shall, permission to enroll as a student in nurse training courses. except with the written consent of the applicant or by order of a court of (b) Charge and collect from an applicant for any license or competent jurisdiction, be released or otherwise disclosed by the board permit which the board is authorized to issue, including permission to any other person or agency. to enroll as a student in nursing courses, in addition to all other (3) The board shall provide each institution under its jurisdiction applicable fees and costs, such amount as may be incurred by the with written standards specifying the requirements that must be met by board in requesting and obtaining criminal history record an applicant to a nurse training program and the grounds on which an information on the applicant. 51st DAY'S PROCEEDINGS Page 35 SENATE June 21, 1999

(c) Promulgate the rules, regulations and procedures, in applicant or by order of a court of competent jurisdiction, be released or cooperation with the Louisiana Bureau of Criminal Identification otherwise disclosed by the board to any other person or agency." and Information of the office of state police within the Department of Public Safety and Corrections, in accordance with the Respectfully submitted, Administrative Procedure Act that are necessary to implement the provisions of this Paragraph. Senators: Representatives: (5) Adopt and revise all rules and regulations necessary to B. G. Dyess Randy E. Wiggins implement the provisions of this Part. Tom Greene Rodney Alexander * * * Donald Hines Kyle M. Green §969.1. Louisiana State Board of Practical Nurse Examiners; authorization to obtain criminal history record information Rules Suspended R.S. 37:969.1 is all proposed new law. A. As used in this Section the following terms shall have the Senator Dyess asked for and obtained a suspension of the rules for following meaning: the purpose of considering the Conference Committee Report. On (1) "Applicant" means a person who has made application to the motion of Senator Dyess, a vote was taken on the adoption of the report. board for the issuance or reinstatement of any form of licensure. (2) "Board" means the Louisiana State Board of Practical Nurse Examiners. ROLL CALL (3) "Bureau" means the Louisiana Bureau of Criminal The roll was called with the following result: Identification and Information of the office of state police within the Department of Public Safety and Corrections. YEAS (4) "Criminal history record information" means information collected by state and federal criminal justice agencies on individuals Mr. President Ellington Landry consisting of identifiable descriptions and notations of arrests, Bajoie Fields C Lentini detentions, indictments, bills of information, or any formal criminal Barham Fields W Malone charges, and any disposition arising therefrom, including sentencing and Bean Greene Robichaux criminal correctional supervision and release, but does not include Boissiere Hainkel Romero intelligence for investigatory purposes, nor does it include any Branch Heitmeier Schedler identification information which does not indicate involvement of the Cain Hines Smith individual in the criminal justice system. Campbell Hollis Tarver (5) "FBI" means the Federal Bureau of Investigation of the United Casanova Irons Theunissen States Department of Justice. Cox Johnson Thomas (6) "Licensure" means any license or permit which the board is Dardenne Jones Ullo authorized to issue, including permission to enroll as a student in clinical Dean Jordan nursing courses. Dyess Lambert B.(1) In addition to any other requirements established by law or Total—37 board rules, the board may: NAYS (a) Require that any person applying for any license or permit which the board is authorized by law to issue provide written consent to Total—0 the board to request and obtain state and national criminal history record ABSENT information on such person as a condition to the consideration of his or her application. Cravins Siracusa (b) Charge and collect from the applicant, in addition to all other Total—2 applicable fees and costs, such amount as may be incurred by the board in requesting and obtaining state and national criminal history record The Chair declared the Conference Committee Report was information on the applicant. adopted. Senator Dyess moved to reconsider the vote by which the (2) The board shall provide each applicant with a copy of the report was adopted and laid the motion on the table. written standards specifying the requirements that must be met by an applicant for licensure and the grounds on which a license may be denied or revoked. SENATE CONFERENCE COMMITTEE REPORT C. In accordance with the provisions and procedures prescribed by Senate Bill No. 406 by Heitmeier this Section, or any other law or board rule, the board may request and obtain state and national criminal history record information from the June 21, 1999 Louisiana Bureau of Criminal Identification and Information of the office of state police within the Department of Public Safety and To the Honorable President and Members of the Senate and to the Corrections and the Federal Bureau of Investigation of the United States Honorable Speaker and Members of the House of Representatives: Department of Justice relative to any person applying for a license to determine the applicant's suitability and eligibility for licensure. We, the conferees appointed to confer over the disagreement D. Upon request by the board, the bureau shall conduct a search between the two houses concerning Senate Bill 406 by Senator of its criminal history record information relative to the applicant and Heitmeier recommend the following concerning the Engrossed bill: report the results of its search to the board within sixty days after receipt of any such request. The bureau may charge the board a reasonable 1. That House Floor Amendments No. 1 through 4 proposed by processing fee for conducting and reporting on any such search. Representative Daniel and adopted by the House of E. Any and all state or national criminal history record information Representatives on May 25, 1999, be rejected. obtained by the board from the bureau or FBI which is not already a matter of public record shall be deemed nonpublic and confidential 2. That the following amendments to the engrossed bill be adopted: information restricted to the exclusive use of the board, its members, officers, investigators, agents, and attorneys in evaluating the applicant's AMENDMENT NO. 1 eligibility or disqualification for licensure. No such information or On page 1, line 2, delete "R.S. 11:1162(A)(7)" and insert "R.S. records related thereto shall, except with the written consent of the 11:441(F) and 1162(A)(7) and to enact R.S. 11:721.1(C)" Page 36 SENATE 51st DAY'S PROCEEDINGS June 21, 1999

AMENDMENT NO. 2 Barham Fields W Lentini On page 1, line 3, after "System" insert ", the Louisiana State Bean Greene Malone Employees' Retirement System, and the Teachers' Retirement System Branch Hainkel Robichaux of Louisiana" Cain Heitmeier Romero Campbell Hines Schedler AMENDMENT NO. 3 Casanova Hollis Smith On page 1, line 4, after "trustees;" insert "to provide with respect to the Cox Irons Tarver reemployment of certain retirees; to provide for retirement eligibility at Dardenne Johnson Theunissen any age after twenty-five years of service for employees of the bridge Dean Jones Thomas police section of the Crescent City Connection Division of the Dyess Jordan Ullo Department of Transportation and Development;" Total—36 NAYS AMENDMENT NO. 4 On page 1, delete line 8, and insert "Section 1. R.S. 11:441(F) and Total—0 1162(A)(7) are hereby amended and reenacted and R.S. 11:721.1(C) is ABSENT hereby enacted to read" Boissiere Cravins Siracusa AMENDMENT NO. 5 Total—3 On page 1, between lines 9 and 10, insert: The Chair declared the Conference Committee Report was "§441. Eligibility for retirement adopted. Senator Heitmeier moved to reconsider the vote by which the * * * report was adopted and laid the motion on the table. F. Notwithstanding the provisions of Subsection A of this Section or any other provision of law to the contrary, employees of the bridge SENATE CONFERENCE COMMITTEE REPORT police section of the Crescent City Connection Division of the Department of Transportation and Development who are members of Senate Bill No. 388 by Senator Dardenne the system shall be eligible for retirement at any age upon attaining twenty-five or more years of service credit, at least ten of which were June 21, 1999 served immediately prior to application for retirement in a position with the bridge police section of the Crescent City Connection To the Honorable President and Members of the Senate and to the Division of the Department of Transportation and Development. Honorable Speaker and Members of the House of Representatives: This retirement option shall only be available to employees hired after July 1, 1997, and the employee contribution rate shall be 8.5% for these We, the conferees appointed to confer over the disagreement employees. between the two houses concerning Senate Bill 388 by Senator * * * Dardenne recommend the following concerning the Engrossed bill: §721.1. Option to participate in system * * * 1. That House Floor Amendments No. 1, 2, 3, and 4, proposed by R.S. 11:721.1(C) is all proposed new law. Representative Jack Smith in the set of amendments designated C. Notwithstanding any provision of law to the contrary, any HFASB388 1080VI and adopted by the House of Representatives person who has a doctorate degree and who was employed by the State on June 9, 1999, be rejected. Board of Elementary and Secondary Education for at least seven years and who is or was employed by the East Baton Rouge Parish School 2. That House Floor Amendments No. 1 and 2 proposed by System for at least sixteen years and who is employed by that system at Representative Jack Smith in the set of amendments designated as any time during 1999 as supervisor of social studies teachers shall not HFASB 388 1074 V3 and adopted by the House of have their retirement benefits reduced or suspended during such Representatives on June 9, 1999, be rejected. employment. * * *" 3. That the following amendments to the engrossed bill be adopted: Respectfully submitted, AMENDMENT NO. 1 On page 1, line 2, after "R.S." insert "18:604(B)(1) and (2)(a) and" Senators: Representatives: Francis C. Heitmeier Vic Stelly AMENDMENT NO. 2 Ron Landry William Daniel On page 1, line 5, after "(31)(a)," delete the rest of the line and insert "to Lambert Boissiere Mike Walsworth enact R.S. 13:2583(F), and to repeal R.S. 13:1882(B), relative to constables" Rules Suspended AMENDMENT NO. 3 Senator Heitmeier asked for and obtained a suspension of the rules On page 1, line 8, between "process;" and "and" insert "to provide for for the purpose of considering the Conference Committee Report. On succession of office for constables and marshals;" motion of Senator Heitmeier, a vote was taken on the adoption of the report. AMENDMENT NO. 4 On page 1, between lines 10 and 11, insert the following: ROLL CALL "Section 1. R.S. 18:604(B)(1) and (2)(a) are hereby amended and reenacted to read as follows: The roll was called with the following result: §604. Marshal of city or municipal court; temporary absence; vacancy * * * YEAS B.(1) When a vacancy occurs in the office of constable or marshal of a city or municipal court, the clerk of the city or municipal court in Mr. President Ellington Lambert which the vacancy occurs shall immediately notify the appropriate Bajoie Fields C Landry governing authority which shall, within ten days after the vacancy 51st DAY'S PROCEEDINGS Page 37 SENATE June 21, 1999 occurs, fill the vacancy by appointment. and the unexpired term of the Rules Suspended office is one year or less, the chief deputy shall assume such duties and position and shall serve for the remainder of the expired term. However, Senator Dardenne asked for and obtained a suspension of the rules in those cases where there is no such person to assume the duties when for the purpose of considering the Conference Committee Report. On the vacancy occurs, the appropriate governing authority shall within ten motion of Senator Dardenne, a vote was taken on the adoption of the days, appoint a person having the qualifications of the office to assume report. the duties of the office for the remainder of the unexpired term. The appointment shall be made by the governing authority of the parish, unless the jurisdiction of the city or municipal court is wholly within the ROLL CALL municipal city limits, in which case, such appointment shall be made The roll was called with the following result: within ten days by the municipal governing authority. If the appropriate governing authority fails to fill the vacancy within ten days, the governor YEAS shall fill the vacancy. The judge of the city or municipal court which he serves shall fix the amount of the bond. Mr. President Dyess Landry (2)(a) When the unexpired term exceeds one year, the chief deputy Bajoie Ellington Lentini shall assume such duties and position and shall serve until the successor Barham Fields C Malone is elected and takes office. If there is no such person to assume the Bean Fields W Robichaux duties when the vacancy occurs, the appropriate governing authority Boissiere Hainkel Romero shall within ten days appoint a person having the qualifications of the Branch Heitmeier Schedler office to assume the duties of the office until the successor is elected and Cain Hines Smith takes office. If the appropriate governing authority fails to fill the Campbell Hollis Tarver vacancy within ten days, the governor shall fill the vacancy. The Casanova Irons Theunissen appropriate governing authority shall, within ten days after the vacancy Cox Johnson Thomas occurs, issue a proclamation ordering a special election to fill the Cravins Jones Ullo vacancy and shall specify in the proclamation, in accordance with R.S. Dardenne Jordan 18:402, the dates on which the primary and general elections shall be Dean Lambert held and, in accordance with R.S. 18:467, 467.1, and 468, the dates of Total—37 the qualifying period for candidates in the special election. In selecting NAYS the dates for such special elections, the appropriate governing authority shall first choose a gubernatorial or congressional election date; if no Total—0 such date is available within one year following the occurrence of the vacancy, the appropriate governing authority shall select another election ABSENT date as provided for in R.S. 18:402. If the appropriate governing Greene Siracusa authority fails to issue the proclamation within ten days after the Total—2 vacancy occurs, the governor shall issue the proclamation." The Chair declared the Conference Committee Report was AMENDMENT NO. 5 adopted. Senator Dardenne moved to reconsider the vote by which the On page 1, line 11, change "Section 1." to "Section 2." report was adopted and laid the motion on the table. AMENDMENT NO. 6 On page 6, after line 2, insert the following: Recess "Section 3. R.S. 13:2583(F) is hereby enacted to read as follows: On motion of Senator Dardenne, the Senate took a recess until §2583. Constables; election; term of office; qualifications 1:00 o'clock P.M. * * * F. When a vacancy occurs in the office of constable or marshal After Recess and the unexpired term of the office is one year or less, the chief deputy shall assume such duties and position and shall serve for the remainder The Senate was called to order at 1:00 o'clock P.M. by the of the unexpired term. However, in those cases where there is no such President of the Senate. person to assume the duties when the vacancy occurs, the appropriate governing authority shall within ten days, appoint a person having the ROLL CALL qualifications of the office to assume the duties of the office for the remainder of the unexpired term. If the unexpired term exceeds one The roll being called, the following members answered to their year, the chief deputy or, if no such person, the person appointed, shall names: assume such duties and position and shall serve until the successor is elected and takes office. PRESENT Section 4. R.S. 13:1882(B) is hereby repealed. Mr. President Dyess Lambert Section 5. If any provision of this Act or the application thereof to Bajoie Ellington Landry any person or circumstance is suspended or held invalid, such Barham Fields C Lentini suspension or invalidity shall not affect other provisions of this Act or Bean Fields W Malone the application of this Act that can be given effect without the suspended Boissiere Greene Robichaux or invalid provision or application, and to this end the provisions of this Branch Hainkel Romero Act are hereby declared severable. Cain Heitmeier Schedler Campbell Hines Smith Respectfully submitted, Casanova Hollis Tarver Cox Irons Theunissen Senators: Representatives: Cravins Johnson Thomas Jay Dardenne Jack D. Smith, Jr. Dardenne Jones Ullo Noble Ellington John Dirk Deville Dean Jordan Lambert Boissiere Joseph F. Toomy Total—38 Page 38 SENATE 51st DAY'S PROCEEDINGS June 21, 1999

ABSENT Senator Casanova in the Chair Siracusa CONFERENCE COMMITTEE REPORT Total—1 House Bill No. 67 By Representative Hunter The President of the Senate announced there were 38 Senators June 18, 1999 present and a quorum. To the Honorable Speaker and Members of the House of Senate Business Resumed Representatives and the Honorable President and Members of the Senate. Messages from the House Ladies and Gentlemen: The following Messages from the House were received and read as follows: We, the conferees appointed to confer over the disagreement between the two houses concerning House Bill No. 67 by Representative Hunter, recommend the following concerning the Message from the House reengrossed bill: ADOPTION OF 1. That the Legislative Bureau amendments proposed by the CONFERENCE COMMITTEE REPORT Legislative Bureau and adopted by the Senate on June 9, 1999 be June 21, 1999 rejected. 2. That Senate Committee amendments Nos. 1 through 12 proposed To the Honorable President and Members of the Senate: by the Senate Committee on Judiciary C and adopted by the Senate I am directed to inform your honorable body that the House of on June 8, 1999 be rejected. Representatives has adopted the Report of the Conference Committee on the disagreement to Senate Bill No. 450: 3. That the following amendments to the reengrossed bill be adopted. Respectfully submitted, AMENDMENT NO. 1 ALFRED W. SPEER Clerk of the House of Representatives On page 1, line 7, change "penalty" to "penalties" AMENDMENT NO. 2 Message from the House On page 1, delete lines 8 through 10 in their entirety ADOPTION OF AMENDMENT NO. 3 CONFERENCE COMMITTEE REPORT On page 2, delete lines 1 through 4 in their entirety and insert in lieu thereof the following: June 21, 1999 "A. "Video voyeurism" is: To the Honorable President and Members of the Senate: (1) The use of any camera, videotape, photo-optical, photo- electric, or any other image recording device for the purpose of I am directed to inform your honorable body that the House of observing, viewing, photographing, filming, or videotaping a person Representatives has adopted the Report of the Conference Committee where that person has not consented to the observing, viewing, on the disagreement to Senate Bill No. 362: photographing, filming, or videotaping and it is for a lewd or lascivious purpose; or Respectfully submitted, (2) The transfer of an image obtained by activity described in ALFRED W. SPEER Paragraph (1) of this Subsection by live or recorded telephone message, Clerk of the House of Representatives electronic mail, the Internet, or a commercial online service." Message from the House AMENDMENT NO. 4 On page 3, delete lines 4 through 22 in their entirety and insert in lieu ADOPTION OF thereof the following: CONFERENCE COMMITTEE REPORT "C. The provisions of this Section shall not apply to the June 21, 1999 transference of such images by a telephone company, cable television company, or any of its affiliates, an Internet provider, or commercial To the Honorable President and Members of the Senate: online service provider, or to the carrying, broadcasting, or performing of related activities in providing telephone, cable television, Internet, or I am directed to inform your honorable body that the House of commercial online services." Representatives has adopted the Report of the Conference Committee on the disagreement to Senate Bill No. 113: Respectfully submitted, Respectfully submitted, Representatives: Senators: ALFRED W. SPEER Willie Hunter, Jr J. Lomax "Max" Jordan Clerk of the House of Representatives Stephen J. Windhorst Robert J. Barham Michael A. Walsworth Reports of Committees, Resumed The following reports of committees were received and read: 51st DAY'S PROCEEDINGS Page 39 SENATE June 21, 1999

Rules Suspended Boissiere Greene Romero Branch Hainkel Schedler Senator Barham asked for and obtained a suspension of the rules Cain Heitmeier Smith for the purpose of considering the Conference Committee Report. Cox Hollis Tarver Cravins Johnson Theunissen Dardenne Jones Ullo Motion Dean Lambert Senator Barham moved that the Conference Committee Report be Total—29 adopt. NAYS Senator Landry moved as a substitute motion that the Conference Mr. President Hines Landry Committee Report be recommitted to the Conference Committee. Casanova Jordan Total—5 Senator Barham objected. ABSENT Campbell Irons Thomas Rules Suspended Fields W Siracusa Total—5 Senator Bajoie asked for a suspension of the rules for the purpose of invoking 2 minute cloture. The Chair declared the previous question was called on the motion to recommit the Conference Committee Report. Senator Landry objected. ROLL CALL ROLL CALL The roll was called on the substitute motion with the following The roll was called with the following result: result: YEAS YEAS Bajoie Dyess Lentini Boissiere Cravins Robichaux Bean Ellington Malone Cain Dyess Romero Boissiere Greene Romero Campbell Jordan Cain Hollis Schedler Cox Landry Casanova Irons Tarver Total—10 Cox Johnson Theunissen NAYS Cravins Jones Ullo Dardenne Lambert Mr. President Greene Lentini Total—23 Bajoie Hainkel Malone NAYS Barham Heitmeier Schedler Bean Hines Smith Branch Hines Robichaux Branch Hollis Tarver Dean Jordan Smith Casanova Irons Theunissen Hainkel Landry Dardenne Johnson Thomas Total—8 Dean Jones Ullo ABSENT Ellington Lambert Total—26 Mr. President Fields C Siracusa ABSENT Barham Fields W Thomas Campbell Heitmeier Fields C Fields W Siracusa Total—8 Total—3 The Chair declared the rules were suspended and 2 minute cloture The Chair declared the Senate refused to recommit the bill to the was invoked. Conference Committee. Motion ROLL CALL Senator Jones moved the previous question on the motion to The roll was called on the original motion to adopt the Conference recommit the Conference Committee Report. Committee Report with the following result: Senator Jordan objected. YEAS ROLL CALL Mr. President Dyess Lambert Bajoie Ellington Lentini The roll was called with the following result: Barham Fields C Malone Bean Greene Romero YEAS Boissiere Hainkel Schedler Branch Heitmeier Smith Bajoie Dyess Lentini Cain Hollis Tarver Barham Ellington Malone Casanova Irons Theunissen Bean Fields C Robichaux Cravins Johnson Thomas Page 40 SENATE 51st DAY'S PROCEEDINGS June 21, 1999

Dardenne Jones Ullo "Millennium Trust and the Louisiana Fund in the state treasury; to Dean Jordan create the Health Excellence Fund, the Education Excellence Fund, Total—32 and the TOPS Fund within the Millennium Trust; to provide for NAYS deposit of monies into the Millennium Trust and the credit of monies to the funds within the trust; to provide for deposit and Campbell Fields W Landry credit of monies in the Louisiana Fund; to provide for investment Total—3 and uses of monies in the Trust and in the funds; to create the ABSENT Millennium Leverage Fund in the state treasury, and to provide for deposit, use, and investment of monies in the fund; to provide for Cox Robichaux the issuance of revenue bonds and the security for the payment of Hines Siracusa such bonds; to provide for the expenditure of the proceeds of such Total—4 bonds; to authorize use of certain funds for security for such bonds; to provide for submission of the proposed" The Chair declared the Conference Committee Report was adopted. Senator Barham moved to reconsider the vote by which the AMENDMENT NO. 3 report was adopted and laid the motion on the table. On page 2, line 1, change "Section 10.8" to "Sections 10.8, 10.9, and 10.10" CONFERENCE COMMITTEE REPORT House Bill No. 640 By Representatives Downer, et al. AMENDMENT NO. 4 On page 2, line 3, after "10.8." delete the remainder of the line and June 21, 1999 insert "Millennium Trust" To the Honorable Speaker and Members of the House of AMENDMENT NO. 5 Representatives and the Honorable President and Members of the On page 2, delete lines 4 and 5 in their entirety and insert the following: Senate. "Section 10.8. Millennium Trust" Ladies and Gentlemen: AMENDMENT NO. 6 We, the conferees appointed to confer over the disagreement On page 2, delete line 8 in its entirety and at the beginning of line 9, between the two houses concerning House Bill No. 640 by delete ""TOPS Trust" and insert in lieu thereof "permanent trust the Representatives Downer, et al., recommend the following concerning "Millennium Trust" the re-reengrossed bill: AMENDMENT NO. 7 1. That the Senate Committee Amendments proposed by the Senate On page 2, at the end of line 11, change "TOPS Trust" to "Millennium Committee on Finance and adopted by the Senate on June 11, Trust" 1999, be rejected. AMENDMENT NO. 8 2. That the Senate Floor Amendment proposed by Senator Hines which added language on page 5, between lines 20 and 21 of On page 2, at the beginning of line 12, delete "a portion of all" and Senate Floor Amendment No. 3 proposed by Senator Ewing and insert "certain" adopted by the Senate on June 15, 1999, be rejected. AMENDMENT NO. 9 3. That the Senate Floor Amendment proposed by Senator Schedler On page 2, line 19, after "income" and before "and" delete "on and adopted by the Senate on June 15, 1999, be rejected. investment of" and after "gains on investment" insert "of the" 4. That the Senate Floor Amendment proposed by Senator Cox and AMENDMENT NO. 10 adopted by the Senate on June 15, 1999, be rejected. On page 2, line 20, change "TOPS" to "Millennium" 5. That the Senate Floor Amendment proposed by Senator Hines, AMENDMENT NO. 11 which amendment affected Senate Floor Amendment No. 3 On page 2, line 21, change "TOPS" to "Millennium" proposed by Senator Ewing by changing and adding language on page 4, line 49, and adopted by the Senate on June 15, 1999, be AMENDMENT NO. 12 rejected. On page 2, delete lines 23 through 26, delete pages 3 through 5, and on page 6, delete lines 1 through 23, all in their entirety and insert in lieu 6. That the Senate Floor Amendment proposed by Senator Ellington thereof the following: and adopted by the Senate on June 15, 1999, be rejected. (a) Fiscal Year 2000-2001, forty-five percent of the total 7. That the set of Senate Floor Amendments proposed by Senator monies received that year. Ewing and adopted by the Senate on June 15, 1999, be rejected. (b) Fiscal Year 2001-2002, sixty percent of the total monies received that year. 8. That the following amendments to the re-reengrossed bill be (c) Fiscal Year 2002-2003 and each fiscal year thereafter, adopted: seventy-five percent of the total monies received that year. (d) For Fiscal Year 2000-2001, Fiscal Year 2001-2002, and AMENDMENT NO. 1 Fiscal Year 2002-2003, ten percent of the total monies received in On page 1, line 2, change "Section 10.8" to "Sections 10.8, 10.9, and each of those years for credit to the Education Excellence Fund 10.10" which, notwithstanding the provisions of Paragraph (C)(1) of this Section, shall be appropriated for the purposes provided in AMENDMENT NO. 2 Subsubparagraph (d) of Subparagraph (3) of Paragraph (C) of this On page 1, line 3, after "create the" delete the remainder of the line, Section. delete lines 4 through 6 in their entirety and insert in lieu thereof the (2) The Health Excellence Fund shall be established as a following: special fund within the Millennium Trust. The treasurer shall 51st DAY'S PROCEEDINGS Page 41 SENATE June 21, 1999

credit to the Health Excellence Fund one-third of the Settlement (c) Each appropriation from the Health Excellence Fund shall Agreement proceeds deposited each year into the Millennium include performance expectations to ensure accountability in the Trust, and one-third of all investment earnings on the investment expenditure of such monies. of the Millennium Trust. The treasurer shall report annually to the (3) Appropriations from the Education Excellence Fund shall legislature as to the amount of Millennium Trust investment be limited as follows: earnings credited to the Health Excellence Fund. (a) Fifteen percent of monies available for appropriation in (3) The Education Excellence Fund shall be established as any fiscal year from the Education Excellence Fund shall be a special fund within the Millennium Trust. The treasurer shall appropriated to the state superintendent of education for credit to the Education Excellence Fund one-third of the distribution on behalf of all children attending private elementary Settlement Agreement proceeds deposited each year into the and secondary schools that have been approved by the State Board Millennium Trust, and one-third of all investment earnings on the of Elementary and Secondary Education, both academically and as investment of the Millennium Trust. The treasurer shall report required for such school to received money from the state. annually to the legislature and the state superintendent of education (b) Appropriations shall be made each year to the Louisiana as to the amount of Millennium Trust investment earnings credited School for the Deaf, the Louisiana School for the Visually to the Education Excellence Fund. Impaired, the Louisiana Special Education Center in Alexandria, (4) The TOPS Fund shall be established as a special fund the Louisiana School for Math, Science, and the Arts, the New within the Millennium Trust. The treasurer shall deposit in and Orleans Center for Creative Arts and the Louis Armstrong High credit to the TOPS Fund one-third of the Settlement Agreement School for the Arts, after such schools are operational, to provide proceeds deposited into the Millennium Trust, and one-third of all for a payment to each school of seventy-five thousand dollars plus investment earnings on the investment of the Millennium Trust. an allocation for each pupil equal to the average statewide per pupil The treasurer shall report annually to the legislature as to the amount provided each city, parish, and local school system amount of Millennium Trust investment earnings credited to the pursuant to Subsubparagraphs (d) and (e) of this Subparagraph. TOPS Fund. (c) Appropriations may be made for independent public (5) The amount of Settlement Agreement revenues deposited schools which have been approved by the State Board of in the Millennium Trust and credited to the respective funds may Elementary and Secondary Education or any city, parish, or other be increased and the amount of such revenues deposited into the local school system and for alternative schools and programs which Louisiana Fund may be decreased by a specific legislative are authorized and approved by the State Board of Elementary and instrument which receives a favorable vote of two-thirds of the Secondary Education but are not subject to the jurisdiction and elected members of each house of the legislature. management of any city, parish, or local school system, to provide (B) Investment. Monies credited to the Millennium Trust for an allocation for each pupil, which shall be the average pursuant to Paragraph (A) of this Section shall be invested by the statewide per pupil amount provided in each city, parish, or local treasurer with the same authority and subject to the same school system pursuant to Subsubparagraphs (d) and (e) of this restrictions as the Louisiana Education Quality Trust Fund. Subparagraph. However, the portion of monies in the Millennium Trust which (d) Beginning Fiscal Year 2000-2001 and for each fiscal year may be invested in stock may be increased to no more than fifty through the end of Fiscal Year 2006-2007, of the monies available percent by a specific legislative instrument which receives a for appropriation after providing for the purposes enumerated in favorable vote of two-thirds of the elected members of each house Subsubparagraphs (a), (b), and (c) of this Subparagraph, the of the legislature. The legislature shall provide for procedures for following appropriations shall be made to the state superintendent the investment of such monies by law. The treasurer may contract, of education for distribution as follows: subject to the approval of the State Bond Commission, for the (i) Thirty percent of the funds available to be divided equally management of such investments and, if a contract is entered into, among each city, parish, and other local school system. amounts necessary to pay the costs of the contract shall be (ii) Seventy percent of the funds available to be divided appropriated from the Millennium Trust. among each city, parish and other local school system in amounts (C) Appropriations. (1) Appropriations from the Health which are proportionate to each school's share of the total state Excellence Fund, Education Excellence Fund, and TOPS Fund share of the Minimum Foundation Program appropriation as shall be limited to an annual amount not to exceed the estimated contained in the most recent Minimum Foundation Program aggregate annual earnings from interest, dividends, and realized budget letter approved by the State Board of Elementary and capital gains on investment of the trust as recognized by the Secondary Education. Revenue Estimating Conference. Amounts determined to be (e) Beginning Fiscal Year 2007-2008 and for each fiscal year available for appropriation shall be those aggregate investment thereafter, of the monies available for appropriation after providing earnings which are in excess of an inflation factor as determined for the purposes enumerated in Subsubparagraphs (a), (b), and (c) by the Revenue Estimating Conference. The amount of realized of this Subparagraph, one hundred percent of the monies available capital gains on investment which may be included in the for appropriation in any fiscal year shall be appropriated for each aggregate earnings available for appropriation in any year shall not city, parish, and other local school system on a pro-rata basis which exceed the aggregate of earnings from interest and dividends for is based on the ratio of the student population of that school or that year. school system to that of the total state student population as (2) Appropriations from the Health Excellence Fund shall be contained in the most recent Minimum Foundation Program. restricted to the following purposes: (f) Monies appropriated pursuant to this Subparagraph shall (a) Initiatives to ensure the optimal development of be restricted to expenditure for pre-kindergarten through twelfth Louisiana's children through the provision of appropriate health grade instructional enhancement for students, including early care, including children's health insurance, services provided by childhood education programs focused on enhancing the school-based health clinics, rural health clinics, and primary care preparation of at-risk children for school, remedial instruction and clinics, and early childhood intervention programs targeting assistance to children who fail to achieve the required scores on children from birth through age four including programs to reduce any tests passage of which are required pursuant to state law or infant mortality. rule for advancement to a succeeding grade or other educational (b) Initiatives to benefit the citizens of Louisiana with respect programs approved by the legislature. Expenditures for to health care through pursuit of innovation in advanced health maintenance or renovation of buildings, capital improvements, and care sciences, and the provision of comprehensive chronic disease increases in employee salaries are prohibited. The state management services. superintendent of education shall be responsible for allocating all money due private schools. Page 42 SENATE 51st DAY'S PROCEEDINGS June 21, 1999

(g) Each recipient school or school system shall annually (4) Initiatives to diminish tobacco-related injury and death to prepare and submit to the state Department of Education, Louisiana's citizens through educational efforts, cessation hereinafter the "department", a prioritized plan for expenditure of assistance services, promotion of a tobacco-free lifestyle, and funds it expects to receive in the coming year from the Education enforcement of the requirements of the Settlement Agreement by Excellence Fund. The plan shall include performance expectations the attorney general. to ensure accountability in the expenditure of such monies. The C. Each appropriation from the Louisiana Fund shall include department shall review such plans for compliance with the performance expectations to ensure accountability in the requirements of this Subparagraph and to assure that the expenditure of such monies. Any unexpended and unencumbered expenditure plans will support excellence in educational practice. monies in each fund at the end of a fiscal year shall remain in the No funds may be distributed to any school or school system until respective fund. its plan has received both legislative and departmental approval as §10.10. Millennium Leverage Fund provided by law. A. Millennium Leverage Fund. Notwithstanding the (h) No amount appropriated as required in this Paragraph provision of Article VII, Sections 10.8 and 10.9 of this shall displace, replace, or supplant appropriations from the general constitution, the legislature may provide, by passage of a specific fund for elementary and secondary education, including legislative instrument by a favorable vote of two-thirds of the implementing the Minimum Foundation Program. This elected members of each house of the legislature, for the deposit of Subsubparagraph shall mean that no appropriation for any fiscal all or a portion of monies received by the state as a result of the year from the Education Excellence Fund shall be made for any Master Settlement Agreement, hereinafter the "Settlement purpose for which a general fund appropriation was made in the Agreement", executed November 23, 1998, and approved by previous year unless the total appropriations for the fiscal year from Consent Decree and Final Judgment entered in the case "Richard the state general fund for such purpose exceed general fund P. Ieyoub, Attorney General, ex rel. State of Louisiana v. Philip appropriations of the previous year. Nor shall any money allocated Morris, Incorporated, et al.", bearing Number 98-6473 on the to a city or parish school board pursuant to this Paragraph displace, docket of the Fourteenth Judicial District for the parish of replace, or supplant locally generated revenue, which means that Calcasieu, state of Louisiana; after satisfying the requirements of no allocation to any city or parish school board from the Article VII, Section 9(B) of this constitution, into the Millennium investment earnings attributable to the Education Excellence Fund Leverage Fund which is hereby established as a special permanent shall be expended for any purpose for which a local revenue source trust fund in the state treasury. The Millennium Leverage Fund was expended for that purpose for the previous year unless the shall hereinafter be referred to as the "Leverage Fund". total of the local revenue amount expended that fiscal year exceeds B. Investment. Monies deposited in the Leverage Fund shall the total of such local revenue amounts for the previous fiscal year. be invested and administered by the treasurer. Notwithstanding (i) The treasurer shall maintain within the state treasury a any provision of this constitution to the contrary, a portion of the record of the amounts appropriated and credited for each entity monies in the Leverage Fund, not to exceed fifty percent, may be through appropriations authorized in this Subparagraph and which invested in stock. The legislature shall provide for the procedure remain in the state treasury. Notwithstanding any other provisions for the investment of such monies by law. The treasurer shall of this constitution to the contrary, such amounts, and investment contract, subject to approval of the State Bond Commission, for earnings attributable to such amounts, shall remain to the credit of the management of such investments. The monies in the Leverage each recipient entity at the close of each fiscal year. Fund shall be available for appropriation to pay expenses incurred (4) Appropriations from the TOPS Fund shall be restricted to in the investment and management of monies in the fund. support of state programs for financial assistance for students C. Revenue Bonds. The State Bond Commission, or its attending Louisiana institutions of postsecondary education. successor, may issue and sell bonds, notes, or other obligations, §10.9. Louisiana Fund hereinafter the "bonds" secured by a pledge of a portion of the Section 10.9. Louisiana Fund monies received by the state as a result of the Settlement A. The Louisiana Fund is established in the state treasury as Agreement which are otherwise to be deposited in the Leverage a special fund. After allocation of money to the Bond Security and Fund as provided in this Section. Such bonds may be issued only Redemption Fund as provided in Article VII, Section 9(B) of this in amounts authorized by the legislature by two-thirds of the constitution, the treasurer shall deposit in and credit to the elected members of each house of the legislature. If settlement Louisiana Fund all remaining monies received as a result of the revenues are pledged to secure any revenue bonds issued pursuant Settlement Agreement after deposits into the Millennium Trust as to this Section, any portion thereof needed to pay principal, provided in Section 10.8 of this Article, and all interest income on interest, or premium, if any, and other obligations incident to the the investment of monies in the Louisiana Fund. Monies in the issuance, security, prepayment, defeasance, and payment in respect Louisiana Fund shall be invested by the treasurer in the same thereof may be expended by the treasurer without the need for an manner as the state general fund. appropriation, provided that the prepayment or defeasance has B. Appropriations from the Louisiana Fund shall be been approved by the legislature. Bonds so issued may also be restricted to the following purposes: further secured by a collateralization of all or a portion of monies (1) Initiatives to ensure the optimal development of in the Leverage Fund. If bonds are issued subject to such a Louisiana's children through enhancement of educational collateralization, the treasurer may pay from the Leverage Fund opportunities and the provision of appropriate health care, which any principal, interest, or premium, if any, and other obligations shall include but not be limited to: incident to the issuance, security, prepayment, defeasance, and (a) Early childhood intervention programs targeting children payment in respect thereof without the need for an appropriation, from birth through age four, including programs to reduce infant provided that the prepayment or defeasance has been approved by mortality. the legislature. The net proceeds of any bonds issued pursuant to (b) Support of state programs for children's health insurance. this Section shall be deposited in and credited to the Leverage (c) School-based health clinics, rural health clinics, and Fund. Any revenue bonds issued under authority of this Section primary care clinics. shall not be general obligation bonds secured by the full faith and (2) Initiatives to benefit the citizens of Louisiana with respect credit of the state. to health care through pursuit of innovation in advanced health D. Appropriations. (1) The legislature may annually care sciences, provision of comprehensive chronic disease appropriate the bond proceeds credited to the Leverage Fund and management services, and expenditures for capital improvements all earnings, income, and realized capital gains on investment of for state health care facilities. monies in the Leverage Fund as recognized as available for (3) Provision of direct health care services for tobacco-related appropriation in the official forecast of the Revenue Estimating illnesses. Conference. The Revenue Estimating Conference shall include in 51st DAY'S PROCEEDINGS Page 43 SENATE June 21, 1999

its forecast of monies available for appropriation only that amount authorize appropriation of monies from the Education Excellence of earnings, income, and realized capital gains which are in excess Fund, not to exceed one-third of the annual earnings on investment of inflation as determined by the conference. of the Millennium Trust, for support of public and private (2) Appropriations may be made only for the following elementary and secondary schools, particularly for activities which purposes: ensure educational excellence; to limit appropriations to such (a) Twenty-five percent shall be available for appropriation schools for the purposes of pre-kindergarten through twelfth grade for the purposes as provided in the TOPS Fund. instructional activities; to require each recipient school or school (b) Twenty-five percent shall be available for appropriation system to develop a plan for expenditure of such monies to include for the purposes as provided in the Health Excellence Fund. performance expectations, which plan shall require both legislative (c) Twenty-five percent shall be available for appropriation approval and approval by the Department of Education, and to as provided in the Education Excellence Fund. allow retention of unspent balances in the treasury of certain (d) Twenty-five percent shall be available for appropriation recipient entities; to authorize appropriation of monies from the as provided in the Louisiana Fund. TOPS Fund, not to exceed one-third of the annual earnings on (e) The amounts available for appropriation for each of the investment of the Millennium Trust, for state programs for tuition purposes contained in Subparagraphs (a) through (c) of this assistance to students of Louisiana institutions of postsecondary Paragraph may be increased, and the amount available for education; to authorize appropriation of monies from the Louisiana appropriation for the purposes of Subparagraph (d) may be Fund for initiatives for education and health care for children, for decreased by a specific legislative instrument which receives a health care services research, disease management services, health favorable vote of two-thirds of the elected members of each house care for tobacco-related illness, capital improvements of state of the legislature. health care facilities, and for activities associated with reduction of E. Termination. The legislature may, by passage of a specific tobacco-related injury and death; to require reporting of legislative instrument by a favorable vote of two-thirds of the performance expectations associated with expenditure of monies elected members of each house of the legislature, provide for the appropriated from the Louisiana Fund; to create the Millennium termination of deposits to the Leverage Fund. Any such Leverage Fund (Leverage Fund) in the state treasury; to authorize, termination shall be made in such a manner so as to not impair the pursuant to a two-thirds vote by each house of the legislature on a obligation, validity, or security of any bonds issued under the specific legislative instrument, the deposit of all or a portion of the authority of this Section. Upon termination, the amount of any settlement revenues into the Leverage Fund; to provide for settlement revenues over and above the amount pledged for investment of monies in the Leverage Fund, including up to 50% security of any bonds issued pursuant to the authority granted in in stocks; to provide for the issuance of revenue bonds secured by this Section, shall be deposited in and credited as provided in monies in the Leverage Fund in amounts authorized by two-thirds Article VII, Section 10.8 and 10.9 of this constitution. vote of each house of the legislature; to prohibit issuing from the Leverage Fund general obligation bonds pledging the full faith and AMENDMENT NO. 13 credit of the state; to authorize appropriation of such bond proceeds On page 7, delete lines 8 through 26 in their entirety and delete page 8 and any investment earnings recognized in the official forecast as in its entirety and insert in lieu thereof the following: in excess of inflation for the following purposes: 25% for the purposes of the TOPS Fund, 25% for purposes of the Health "To establish the Millennium Trust and the Louisiana Fund in the Excellence Fund, 25% for the purposes of the Education state treasury; to provide that the source of monies deposited into Excellence Fund, and 25% for the purposes of the Louisiana Fund; the Millennium Trust and the Louisiana Fund shall be monies to authorize increasing the appropriations to the TOPS, Health received under the Master Settlement Agreement approved by Excellence, and Education Excellence Funds and decreasing the Consent Decree in the case "Richard P. Ieyoub v. Philip Morris, appropriation for the purposes of the Louisiana Fund, but only Incorporated, et al." (Tobacco Settlement); to provide that such pursuant to a two-thirds vote of each house of the legislature on a settlement proceeds shall be deposited into the Millennium Trust specific legislative instrument; to provide for terminating the as follows: in Fiscal Year 2000-2001, forty-five percent of the deposit of settlement monies into the Leverage Fund only pursuant total proceeds, in Fiscal Year 2001-2002, sixty percent of the total to a two-thirds vote of each house of the legislature on a specific proceeds, in Fiscal Year 2002-2003 and thereafter, seventy-five legislative instrument; and to provide that any such termination be percent of the total proceeds; in Fiscal Years 2000-2001 through performed in such a manner as not to impair the validity or security 2002-2003; to provide that an additional ten percent of each year's of such bonds issued from the Leverage Fund. (Effective July 1, total proceeds shall be deposited for credit to the Education 2000) (Adds Article VII, Sections 10.8, 10.9, and 10.10)" Excellence Fund for appropriation to public elementary and secondary schools; to provide for deposit of the remaining Respectfully submitted, settlement proceeds into the Louisiana Fund; to allow for increase of the amount deposited in the Millennium Trust by specific Representatives: Senators: legislative instrument enacted by a two-thirds vote of the Hunt Downer Randy Ewing legislature; to establish the Health Excellence Fund, the Education Jerry Luke LeBlanc John J. Hainkel, Jr. Excellence Fund, and the TOPS Fund as special funds within the Charles DeWitt Millennium Trust; to provide for investment of monies in the Millennium Trust and to authorize investment of no more than Rules Suspended thirty-five percent of such monies in stock, provided such authorization may be increased to no more than fifty percent if Senator Ewing asked for and obtained a suspension of the rules for authorized by a two-thirds vote of each house of the legislature; to the purpose of considering the Conference Committee Report. provide that all dividends, interest earnings, and realized capital gains from investment of the Millennium Trust be credited one- third each to the Health Excellence Fund, the Education Motion Excellence Fund, and the TOPS Fund; to authorize appropriation Senator Bajoie moved the previous question on the entire subject of monies from the Millennium Trust for expenses related to matter. investment of the Trust; to authorize appropriation of monies from the Health Excellence Fund, not to exceed one-third of the annual Senator Landry objected. earnings on investment of the Millennium Trust, for the purpose of initiatives for health care for children, innovations in health care sciences, and provision of disease management services; to Page 44 SENATE 51st DAY'S PROCEEDINGS June 21, 1999

ROLL CALL To the Honorable Speaker and Members of the House of Representatives and the Honorable President and Members of the The roll was called with the following result: Senate. YEAS Ladies and Gentlemen: Bajoie Ellington Lentini We, the conferees appointed to confer over the disagreement Bean Hainkel Romero between the two houses concerning House Bill No. 1547 by Boissiere Heitmeier Schedler Representatives Downer, et al, recommend the following concerning Branch Hines Smith the reengrossed bill: Cain Hollis Tarver Cox Johnson Theunissen 1. That the Senate Floor Amendments proposed by Senator Ewing Cravins Jones Thomas and adopted by the Senate on June 15, 1999 be rejected. Dyess Lambert Total—23 2. That the following amendments to the reengrossed bill be adopted. NAYS AMENDMENT NO. 1 Campbell Fields C Malone On page 1, line 4, delete "and 98.2" and insert "through 98.5" Casanova Fields W Robichaux Dardenne Greene Ullo AMENDMENT NO. 2 Dean Landry On page 1, line 4, change "R.S. 46:977" to "R.S. 39:98.6 and R.S. Total—11 46:977" ABSENT AMENDMENT NO. 3 Mr. President Irons Siracusa On page 1, at the end of line 5, delete "TOPS" and delete line 6 in Barham Jordan its entirety and at the beginning of line 7 delete "treasury funds;" Total—5 and insert: "Millennium Trust, Louisiana Fund, and the Millennium Leverage Fund within the state treasury; to create the The Chair declared the previous question was called on the entire Health Excellence Fund, the Education Excellence Fund, and the subject matter. TOPS Fund within the Millennium Trust;" On motion of Senator Ewing, a vote was taken on the adoption of AMENDMENT NO. 4 the report. On page 2, at the end of line 2 delete "and" and at the beginning of line 3 delete "98.2" and insert "through 98.5" ROLL CALL AMENDMENT NO. 5 On page 2, line 5, after "98.1." delete the remainder of the line and The roll was called with the following result: insert "Creation of Funds" YEAS AMENDMENT NO. 6 Mr. President Dyess Landry On page 2, line 7 after "fund the" delete the remainder of the line Bajoie Ellington Lentini and at the beginning of line 7, delete "the "TOPS Trust" and insert Barham Fields C Malone "Millennium Trust" Bean Fields W Robichaux Boissiere Hainkel Romero AMENDMENT NO. 7 Branch Heitmeier Schedler On page 2, at the beginning of line 11, change "TOPS" to Cain Hines Smith "Millennium" and between "Trust" and "monies" delete "a portion Campbell Hollis Tarver of" and insert "certain" Casanova Irons Theunissen Cox Johnson Thomas AMENDMENT NO. 8 Cravins Jones Ullo On page 2, line 19, change "TOPS" to "Millennium" Dardenne Lambert Total—35 AMENDMENT NO. 9 NAYS On page 2, line 20, change "TOPS" to "Millennium" Dean Greene Jordan AMENDMENT NO. 10 Total—3 On page 2, line 22, change "fifteen" to "forty-five" ABSENT AMENDMENT NO. 11 Siracusa On page 2, line 24, change "twenty" to "sixty" Total—1 AMENDMENT NO. 12 The Chair declared the Conference Committee Report was Delete page 3 in its entirety and on page 4, delete lines 1 through adopted. Senator Ewing moved to reconsider the vote by which the 3 in their entirety and insert in lieu thereof the following: report was adopted and laid the motion on the table. "(3) Fiscal Year 2002-2003 and each fiscal year thereafter, seventy-five percent of the total monies received that year. CONFERENCE COMMITTEE REPORT (4) For Fiscal Year 2000-2001, Fiscal Year 2001-2002, and Fiscal House Bill No. 1547 By Representatives Downer, et al Year 2002-2003, ten percent of the total monies received in each of June 21,1999 those years for credit to the Education Excellence Fund which, 51st DAY'S PROCEEDINGS Page 45 SENATE June 21, 1999 notwithstanding the provisions of R.S. 39:98.3(A), shall be appropriated AMENDMENT NO. 25 for the purposes provided in R.S. 39:98.3(C)(4). On page 6, at the beginning of line 18, change "(a)" to "(1)" B. The Health Excellence Fund shall be established as a special fund within the Millennium Trust. The treasurer shall credit to the AMENDMENT NO. 26 Health Excellence Fund one-third of the Settlement Agreement proceeds On page 6, at the beginning of line 21, change "(b)" to "(2)" deposited each year into the Millennium Trust and one-third of all dividend and interest income and all realized capital gains on investment AMENDMENT NO. 27 of monies in the Millennium Trust. On page 6, at the beginning of line 25, change "(5)" to "E." C. The Education Excellence Fund shall be established in the state treasury as a special fund within the Millennium Trust. The treasurer AMENDMENT NO. 28 shall credit to the Education Excellence Fund one-third of the Settlement On page 6, line 26, delete "TOPS Trust and" Agreement proceeds deposited into the Millennium Trust and one-third of all dividend and interest income and all realized capital gains on AMENDMENT NO. 29 investment of monies in the Millennium Trust. Delete pages 7 and 8 in their entirety and insert in lieu thereof the D. The TOPS Fund shall be established in the state treasury as a following: special fund within the Millennium Trust. The treasurer shall credit to the TOPS Fund one-third of the Settlement Agreement proceeds "Millennium Trust to the Joint Legislative Committee on the Budget deposited into the Millennium Trust and one-third of all dividend and and the commissioner of administration for their review. With respect interest income and all realized capital gains on investment of monies in to the Education Excellence Fund, the report shall also be provided to the Millennium Trust. the state superintendent of education. §98.2. Investment of Millennium Trust §98.3. Appropriations from the Health Excellence Fund, the Education A. The treasurer is authorized and directed to invest monies in the Excellence Fund, and the TOPS Fund Millennium Trust which are available for investment in the following A. Appropriations from the Health Excellence Fund, the investments:" Education Excellence Fund and the TOPS Fund shall be limited to an annual amount not to exceed the estimated aggregate annual earnings AMENDMENT NO. 13 from interest, dividends, and realized capital gains on investment of the On page 4, at the beginning of line 4, change "(a)" to "(1)" Millennium Trust as recognized by the Revenue Estimating Conference. Amounts determined to be available for appropriation shall AMENDMENT NO. 14 be those in excess of an inflation factor as determined by the Revenue On page 4, at the beginning of line 16, change "(b)" to "(2)" Estimating Conference. The amount of realized capital gains on investment which may be included in the aggregate earnings available AMENDMENT NO. 15 for appropriation from the Millennium Trust in any fiscal year shall not On page 4, at the beginning of line 19, change "(c)" to "(3)" exceed the aggregate of earnings from interest and dividends for that year. Appropriations from the Health Excellence Fund, the Education AMENDMENT NO. 16 Excellence Fund, and the TOPS Fund shall include performance On page 5, at the beginning of line 1, change "(d)" to "(4)" expectations to ensure accountability in the expenditure of such monies. B. Appropriations from the Health Excellence Fund shall be AMENDMENT NO. 17 restricted to the following purposes: On page 5, at the beginning of line 7, change "(e)" to "(5)" (1) Initiatives to ensure the optimal development of Louisiana's children through: AMENDMENT NO. 18 (a) Provision of appropriate health care through the Children's On page 5, line 11, after "exceed" and before "percent" change Health Insurance Program established by R.S. 46:976. "fifty" to "thirty-five" (b) Services provided by school-based health clinics, rural health clinics, and primary care clinics. AMENDMENT NO. 19 (c) Early childhood intervention programs targeting children from On page 5, line 12, after "treasurer in the" delete the remainder of the birth through age four, including programs to reduce infant mortality. line and insert: (2) A program of research grants and projects that encourage the pursuit of innovation in advanced health care sciences; such program "Millennium Trust. However, the portion of monies in the Millennium shall support clinical and laboratory research efforts based in Louisiana Trust which may be invested in stock may be increased to no more than universities, as well as institutions represented in the membership of the fifty percent by a specific legislative instrument which receives a Medical Education Commission as provided in R.S. 17:1519.8, and favorably vote of two-thirds of the elected member of each house of the shall fund grants for both basic and applied research in advanced health legislature. Any" care sciences; such program shall encourage institutional commitment and leveraging of state monies to secure private and federal funds and AMENDMENT NO. 20 shall be administered by the Board of Regents through an objective, On page 5, at the beginning of line 22, change "(f)" to "(6)" competitive process subject to peer review. The Board of Regents shall annually submit to the legislature and the governor, not less than forty- AMENDMENT NO. 21 five days prior to the beginning of each regular session of the legislature, On page 6, at the beginning of line 1, change "(2)" to "(B)" and change a proposed program and budget for the expenditure of the funds "Subsection" to "Section" appropriated to the Board of Regents for these purposes. (3) Provision of comprehensive chronic disease management AMENDMENT NO. 22 services, including outpatient pharmacy for indigent and needy citizens On page 6, at the beginning of line 5, change "(3)" to "C." and on line of Louisiana, by the facilities of the Louisiana State University Medical 6 change "Subsection" to "Section" Center, including but not limited to the Health Care Services Division. C. Appropriations from the Education Excellence Fund shall be AMENDMENT NO. 23 restricted as follows: On page 6, line 15, change "(4)" to "D." (1) Fifteen percent of monies available for appropriation in any fiscal year from the Education Excellence Fund shall be appropriated to AMENDMENT NO. 24 the state superintendent of education for distribution on behalf of all On page 6, line 17, change "Paragraph" to "Subsection" children attending private elementary and secondary schools that have been approved by the State Board of Elementary and Secondary Page 46 SENATE 51st DAY'S PROCEEDINGS June 21, 1999

Education, both academically and as required for such school to was made the previous year unless the total appropriations for the fiscal received money from the state. year from the state general fund for such purpose exceeds general fund (2) Appropriations shall be made each year to the Louisiana appropriations of the previous year. Nor shall any money allocated to School for the Deaf, the Louisiana School for the Visually Impaired, the a city or parish school board pursuant to this Section displace, replace, Louisiana Special Education Center in Alexandria, the Louisiana School or supplant locally generated revenue, meaning that no allocation to any for Math, Science, and the Arts, the New Orleans Center for Creative city or parish school board from the investment earnings attributable to Arts and the Louis Armstrong High School for the Arts, after such the Education Excellence Fund shall be expended for any purpose for schools are operational, to provide for a payment to each school of which a local revenue source was expended the previous fiscal year seventy-five thousand dollars plus an allocation for each pupil equal to unless the total of the local revenue amount expended that fiscal year the average statewide per pupil amount provided each city, parish, and exceeds the total of such local revenue amounts for the previous year. local school system pursuant to Paragraphs (4) and (5) of this (9) The treasurer shall maintain within the state treasury a record Subsection. of the amounts appropriated and credited for each entity through (3) Appropriations may be made for independent public schools appropriations authorized in this Subsection and which remain in the which have been approved by the State Board of Elementary and state treasury. Notwithstanding any other provisions of this constitution Secondary Education or any city, parish, or other local school system, to the contrary, such amounts, and investment earnings attributable to and alternative schools and programs which are authorized and such amounts, shall remain to the credit of each recipient entity at the approved by the State Board of Elementary and Secondary Education close of each fiscal year. and are not subject to the jurisdiction and management of any city, D. Appropriations from the TOPS Fund shall be restricted to parish, or local school systems to provide for an allocation for each support of the state's program for financial assistance for students pupil, which shall be the average statewide per pupil amount provided attending Louisiana institutions of post-secondary education as in each city, parish, or local school system pursuant to Paragraphs (4) established in Chapter 20-G of Title 17 of the Louisiana Revised and (5) of this Subsection. Statutes of 1950. (4) Beginning Fiscal Year 2000-2001 and for each fiscal year E. Recommendations and requests for expenditure or funding through the end of Fiscal Year 2006-2007, of the monies available for from the Health Excellence Fund and TOPS Fund shall be made in appropriation after providing for the purposes enumerated in Paragraphs accordance with the provisions of R.S. 39:98.4(C) through (F)." (1), (2), and (3) of this Subsection, the following appropriations shall be made to the state superintendent of education for distribution as follows: AMENDMENT NO. 30 (a) Thirty percent of the funds available to be divided equally On page 9, at the beginning of line 1, change "98.2." to "98.4." among each city, parish and other local school system. (b) Seventy percent of the funds available to be divided among AMENDMENT NO. 31 each city, parish, and other local school system in amounts which are On page 9, line 7, delete "TOPS Trust Fund and Health Trust proportionate to each school's share of the total state share of the Fund." and insert in lieu thereof: "Millennium Trust" Minimum Foundation Program appropriation as contained in the most recent Minimum Foundation Program budget letter approved by the AMENDMENT NO. 32 State Board of Elementary and Secondary Education. On page 11, delete lines 1 through 15 in their entirety and insert in (5) Beginning Fiscal Year 2007-2008 and for each year thereafter, lieu thereof the following: one hundred percent of the monies available for appropriation in any fiscal year form the Education Excellence Fund shall be distributed to "(a) A program of research grants and projects that encourage the each city, parish, or other local school system, to be apportioned to the pursuit of innovation in advanced health care sciences; such program recipient entities on a pro-rata basis which is based on the ratio of the shall support clinical and laboratory research efforts based in Louisiana student population of that school or school system to that of the total universities, as well as institutions represented in the membership of the state student population. Medical Education Commission as provided in R.S. 17:1519.8, and (6) Monies appropriated pursuant to this Subsection shall be shall fund grants for both basic and applied research in advanced health restricted to expenditure for prekindergarten through twelfth grade care sciences; such program shall encourage institutional commitment instructional enhancement for students, including early childhood and leveraging of state monies to secure private and federal funds and education programs focused on enhancing the preparation of at-risk shall be administered by the Board of Regents through an objective, children for school, remedial instruction and assistance to children who competitive process subject to peer review. The Board of Regents shall fail to achieve the required scores on any tests passage of which are annually submit to the legislature and the governor, not less than forty- required pursuant to state law or rule for advancement to a succeeding five days prior to the beginning of each regular session of the legislature, grade, or other educational programs approved by the legislature. a proposed program and budget for the expenditure of the funds Expenditures for maintenance or renovation of buildings, capital appropriated to the Board of Regents for these purposes." improvements, and increases in employee salaries are prohibited. The state superintendent of education shall be responsible for receiving and AMENDMENT NO. 33 allocating all money due private schools. On page 12, delete lines 13 and 14 in their entirety (7) Each recipient school or school system shall annually prepare and submit to the state Department of Education, hereinafter the AMENDMENT NO. 34 "department", a prioritized plan for expenditure of funds it expects to On page 13, between lines 21 and 22, insert the following: receive in the coming year from the Education Excellence Fund. The plan shall include performance expectations to ensure accountability in §98.5. Millennium Leverage Fund the expenditure of such monies. The department shall review such A. Millennium Leverage Fund. Notwithstanding any provision of plans for compliance with the requirements of this Paragraph and to law to the contrary, the legislature may provide, by passage of a specific assure that the expenditure plans will support excellence in educational legislative instrument by a favorable vote of the elected members of practice. No funds may be distributed to any school system until its each house of the legislature, for the deposit of all or a portion of monies plan has been approved by the department and by the appropriate received by the state as a result of the Master Settlement Agreement, standing committees of the legislature. hereinafter the "Settlement Agreement", executed November 23, 1998, (8) No amount appropriated as required in this Subsection shall and approved by Consent Decree and Final Judgment entered in the displace, replace, or supplant appropriations from the general fund for case "Richard P. Ieyoub, Attorney General, ex rel. State of Louisiana v. elementary and secondary education, including implementing the Philip Morris, Incorporated, et al.", bearing Number 98-6473 on the Minimum Foundation Program. This Paragraph shall mean that no docket of the Fourteenth Judicial District for the parish of Calcasieu, appropriation for any fiscal year from the Education Excellence Fund state of Louisiana; after satisfying the requirements of Article VII, shall be made for any purpose for which a general fund appropriation Section 9(B) of this constitution, into the Millennium Leverage Fund 51st DAY'S PROCEEDINGS Page 47 SENATE June 21, 1999 which is hereby established as a special permanent trust fund in the state Section, shall be deposited in and credited as provided in Article VII, treasury. The Millennium Leverage Fund shall hereinafter be referred Section 10.7 and 10.8." to as the "Leverage Fund". B. Investment. Monies deposited in the Leverage Fund shall be AMENDMENT NO. 35 invested and administered by the treasurer. Notwithstanding any On page 13, line 23, change "39:98.1," to "39:98.6" provision of law to the contrary, a portion of the monies in the Leverage Fund, not to exceed fifty percent, may be invested in stock. The AMENDMENT NO. 36 legislature shall provide for the procedure for the investment of such On page 14, line 2, change "§98.1" to "§98.6" monies by law. The treasurer shall contract, subject to approval of the State Bond Commission, for the management of such investments. The AMENDMENT NO. 37 monies in the Leverage Fund shall be available for appropriation to pay On page 16, delete lines 1 through 16 in their entirety and insert expenses incurred in the investment and management of monies in the the following: fund. C. Revenue Bonds. The State Bond Commission, or its successor, (a) A program of research grants and projects that encourage the may issue and sell bonds, notes, or other obligations, hereinafter "bonds" pursuit of innovation in advanced health care sciences; such program secured by a pledge of a portion of the monies received by the state as shall support clinical and laboratory research efforts based in Louisiana a result of the Settlement Agreement which are otherwise to be universities, as well as institutions represented in the membership of the deposited in the Leverage Fund as provided in this Section. Such bonds Medical Education Commission as provided in R.S. 17:1519.8, and may be issued only in amounts authorized by the legislature by two- shall fund grants for both basic and applied research in advanced health thirds of the elected members of each house of the legislature. If care sciences; such program shall encourage institutional commitment settlement revenues are pledged to secure any revenue bonds issued and leveraging of state monies to secure private and federal funds; and pursuant to this Section, any portion thereof needed to pay principal, further, such program shall be administered by the Board of Regents interest, or premium, if any, and other obligations incident to the through an objective, peer-review based competitive process. The issuance, security, prepayment, defeasance, and payment in respect Board of Regents shall annually submit to the legislature and the thereof may be expended by the treasurer without the need for an governor, not less than forty-five days prior to the beginning of each appropriation provided that the prepayment or defeasance has been regular session of the legislature, a proposed program and budget for the approved by the legislature. Bonds so issued may also be further expenditure of the funds appropriated to the Board of Regents for these secured by a collateralization of all or a portion of monies in the purposes." Leverage Fund. If bonds are issued subject to such a collateralization, the treasurer may pay from the Leverage Fund any principal, interest, or AMENDMENT NO. 38 premium, if any, and other obligations incident to the issuance, security, On page 18, line 23, change "39:98.1" to "39:98.6" prepayment, defeasance, and payment in respect thereof without the need for an appropriation provided that the prepayment or defeasance AMENDMENT NO. 39 has been approved by the legislature. The net proceeds of any bonds On page 19, line 2, after "Fund." delete the remainder of the line issued pursuant to this Section shall be deposited in and credited to the and delete line 3 in its entirety Leverage Fund. Any revenue bonds issued under authority of this Section shall not be general obligation bonds secured by the full faith Respectfully submitted, and credit of the state. D. Appropriations. (1) The legislature may annually appropriate Representatives: Senators: the bond proceeds credited to the Leverage Fund and all earnings, Hunt Downer Randy Ewing income, and realized capital gains on investment of monies in the Jerry Luke LeBlanc John J. Hainkel, Jr. Leverage Fund as recognized as available for appropriation in the official Charles DeWitt Foster Campbell forecast of the Revenue Estimating Conference. The Revenue Estimating Conference shall include in its forecast of monies available Rules Suspended for appropriation only that amount of earnings, income, and realized capital gains which are in excess of inflation as determined by the Senator Cain asked for and obtained a suspension of the rules for conference. the purpose of considering the Conference Committee Report. On (2) Appropriations may be made only for the following purposes: motion of Senator Cain, a vote was taken on the adoption of the report. (a) Twenty-five percent shall be available for appropriation for the purposes as provided in the TOPS Fund. (b) Twenty-five percent shall be available for appropriation for the ROLL CALL purposes as provided in the Health Excellence Fund. The roll was called with the following result: (c) Twenty-five percent shall be available for appropriation as provided in the Education Excellence Fund. YEAS (d) Twenty-five percent shall be available for appropriation as provided in the Louisiana Fund. Mr. President Dyess Lambert (e) The amounts available for appropriation for each of the purposes Bajoie Ellington Landry contained in Subparagraphs (a) through (c) of this Paragraph may be Barham Fields C Lentini increased, and the amount available for appropriation for the purposes Bean Fields W Malone of Subparagraph (d) may be decreased by a specific legislative Boissiere Greene Robichaux instrument which receives a favorable vote of two-thirds of the elected Branch Hainkel Romero members of each house of the legislature. Cain Heitmeier Schedler E. Termination. The legislature may, by passage of a specific Campbell Hines Smith legislative instrument by a favorable vote of the elected members of each Casanova Hollis Tarver house of the legislature, provide for the termination of deposits to the Cox Irons Theunissen Leverage Fund. Any such termination shall be made in such a manner Cravins Johnson Thomas so as to not impair the obligation, validity, or security of any bonds Dardenne Jones Ullo issued under the authority of this Section. Upon termination, the Dean Jordan amount of any settlement revenues over and above the amount pledged Total—38 for security of any bonds issued pursuant to the authority granted in this NAYS Page 48 SENATE 51st DAY'S PROCEEDINGS June 21, 1999

Total—0 Casanova Hines Smith ABSENT Cox Hollis Tarver Cravins Irons Theunissen Siracusa Dardenne Johnson Ullo Total—1 Total—36 NAYS The Chair declared the Conference Committee Report was adopted. Senator Cain moved to reconsider the vote by which the report Total—0 was adopted and laid the motion on the table. ABSENT CONFERENCE COMMITTEE REPORT Jordan Siracusa Thomas House Bill No. 232 By Representative Barton Total—3 June 20, 1999 The Chair declared the Conference Committee Report was adopted. Senator Hainkel moved to reconsider the vote by which the To the Honorable Speaker and Members of the House of report was adopted and laid the motion on the table. Representatives and the Honorable President and Members of the Senate. CONFERENCE COMMITTEE REPORT House Bill No. 1131 By Representative Diez Ladies and Gentlemen: June 20, 1999 We, the conferees appointed to confer over the disagreement between the two houses concerning House Bill No. 232 by To the Honorable Speaker and Members of the House of Representative Barton, recommend the following concerning the Representatives and the Honorable President and Members of the engrossed bill: Senate. 1. That the Senate Committee Amendments proposed by the Senate Ladies and Gentlemen: committee on Local and Municipal Affairs and adopted by the Senate on June 4, 1999, be adopted. We, the conferees appointed to confer over the disagreement between the two houses concerning House Bill No. 1131 by 2. That the Senate Floor Amendments proposed by Senator Campbell Representative Diez, recommend the following concerning the and adopted by the Senate on June 10, 1999, be rejected. engrossed bill: 3. That the following amendment to the engrossed bill be adopted: 1. That Senate Floor Amendments Nos. 1 through 4 proposed by Senator and adopted by the Senate on June 11, 1999, AMENDMENT NO. 1 be rejected. On page 2, after line 4, insert the following: Respectfully submitted, "Section 2. This Act shall become effective on July 1, 1999; if vetoed by the governor and subsequently approved by the legislature, Representatives: Senators: this Act shall become effective on July 1, 1999, or on the day following John "Juba" Diez Ron Landry such approval by the legislature, whichever is later." Reggie Dupre Kenneth "Mike" Smith Mitchell Theriot Respectfully submitted, Rules Suspended Representatives: Senators: Robert Barton Diana Bajoie Senator Landry asked for and obtained a suspension of the rules for Jerry Luke LeBlanc John J. Hainkel, Jr. the purpose of considering the Conference Committee Report. On motion of Senator Landry, a vote was taken on the adoption of the Rules Suspended report. Senator Hainkel asked for and obtained a suspension of the rules ROLL CALL for the purpose of considering the Conference Committee Report. On motion of Senator Hainkel, a vote was taken on the adoption of the The roll was called with the following result: report. YEAS ROLL CALL Mr. President Dyess Lentini The roll was called with the following result: Bajoie Ellington Malone Bean Hainkel Robichaux YEAS Boissiere Heitmeier Romero Branch Hines Schedler Mr. President Dean Jones Cain Hollis Smith Bajoie Dyess Lambert Casanova Irons Tarver Barham Ellington Landry Cravins Johnson Theunissen Bean Fields C Lentini Dardenne Jones Thomas Boissiere Fields W Malone Dean Landry Ullo Branch Greene Robichaux Total—30 Cain Hainkel Romero NAYS Campbell Heitmeier Schedler 51st DAY'S PROCEEDINGS Page 49 SENATE June 21, 1999

Barham Fields C Lambert AMENDMENT NO. 6 Campbell Fields W On page 1, between lines 11 and 12 insert the following: Cox Greene Total—7 “§2.1. Public records; forms and methods; electronic signatures ABSENT and filings; timely filing of papers A. Notwithstanding any other provision of law to the Jordan Siracusa contrary, any public record maintained by the commissioner of Total—2 insurance may be kept in any written, photographic, microfilm, or other similar form or method, or may be kept by any magnetic, The Chair declared the Conference Committee Report was electronic, optical, or similar form of data compilation which is adopted. Senator Landry moved to reconsider the vote by which the approved for such use in a rule promulgated by the commissioner. report was adopted and laid the motion on the table. No such magnetic, electronic, optical, or similar form of data compilation shall be approved unless it provides reasonable CONFERENCE COMMITTEE REPORT safeguards against erasure or alteration. House Bill No. 1775 By Representative Donelon B. The commissioner may, at his discretion, cause any public record maintained by him or any part thereof be microfilmed, or June 20, 1999 otherwise reproduced, in order to accomplish efficient storage and preservation of such records. To the Honorable Speaker and Members of the House of C. A certified copy of a public record maintained by the Representatives and the Honorable President and Members of the commissioner shall be deemed to be an original for all purposes Senate. and shall be admissible in evidence in all courts or administrative agencies as if it were the original. Ladies and Gentlemen: D. Subject to such guidelines and limitations as may be promulgated by the commissioner, electronic signatures are hereby We, the conferees appointed to confer over the disagreement authorized. between the two houses concerning House Bill No. 1775 by E. The commissioner shall promulgate rules to regulated the use Representative Donelon, recommend the following concerning the of electronic signatures. Such rules may include any or all of the reengrossed bill: following: (1) Limitations upon which documents may be signed 1. That the amendment proposed by the Senate Committee on electronically. Insurance and adopted by the Senate on June 3, 1999 be rejected. (2) Security requirements, which may include but not be limited to the following: 2. That Senate Floor Amendments proposed by Senator Cravins and (a) The use of alphanumeric or similar codes, fingerprints, or other adopted by the Senate on June 9, 1999 be rejected. identifying methods. (b) Prohibitions against disclosure of codes or other identifiers to 3. That Senate Floor Amendments proposed by Senator Bean and other persons. adopted by the Senate on June 9, 1999 be rejected. (c) Responsibility of individuals for unauthorized signatures. F. The commissioner may permit or require rate, form or any other 4. That the following amendments to the reengrossed bill be adopted: filings, along with any accompanying supplementary rate information or supporting information, to be filed electronically. AMENDMENT NO. 1 G. If the commissioner permits or requires electronic filings On page 1, line 2, after "337" and before "and 1301(A)(2)" insert ", pursuant to Paragraph F. of this Section, the commissioner shall arrange 861(A)(introductory paragraph), 1005(J), 1114(K)(2)(f) and (M)(2)," for payment of filing fees by electronic funds transfer. H. The time for acting on filings made electronically shall be the AMENDMENT NO. 2 same as the time for acting on filings made in writing. Filings made On page 1, line 3, at the beginning of the line before "relative" change electronically shall be considered received by the commissioner when "22:774(C) and 1351.1," to the following: received in the electronic data processing system used by the "22:2.1, 5(16) and (17), 774(C), 1113(A)(2)(a)(xx), and 1451(G)," commissioner to review filings, unless received on a weekend or legal holiday, in which case filings are deemed received on the next business AMENDMENT NO. 3 day. Communications from the commissioner to persons making filings On page 1, line 7, after "commissioner;" and before "and to" insert the electronically shall be considered received by that person when the following: communication is sent to the person making the filing. I. Grounds for approval, disapproval or withdrawal of approval for "to provide for public records, procedures, forms, methods, and filings made electronically shall be the same grounds for these actions conditions; to provide for admissibility into evidence; to provide for as to filings made in writing, except that the commissioner may waive electronic signatures; to provide for definitions; to provide for life filing requirements relating to filings made in writing, such as insurance; to provide for small companies and exemptions from certain requirements for original signatures or the number of copies, and the reporting, registration, and filings; to provide for rules and regulations; commissioner may disapprove or withdraw approval of a filing if it does to provide for home service life insurance; to provide for licensing, not comply with the commissioner’s requirements for electronic filings. marketing, and other requirements;" J. Filings made electronically shall be subject to the law of this state relating to inspection of public records pursuant to the Public AMENDMENT NO. 4 Records Act, Title 44 of the Louisiana Revised Statutes, or any other On page 1, line 9, after "337" and before "and 1301(A)(2)" insert ", applicable law. 861(A)(introductory paragraph), 1005(J), 1114(K)(2)(f) and (M)(2)," K. The commissioner may promulgate rules and regulations which the commissioner deems necessary for the administration of electronic AMENDMENT NO. 5 filings. On page 1, line 10, after "R.S." and before "are" change "22:774(C) and L. Notwithstanding any other law to the contrary, the filing of 1351.1," to the following: papers, including but not limited to applications, forms, reports, returns, "22:2.1, 5(16) and (17), 774(C), 1113(A)(2)(a)(xx), and statements, and filings of any kind with the commissioner subject to the 1451(G)," exceptions and provisions in Paragraphs A. through K. above shall not Page 50 SENATE 51st DAY'S PROCEEDINGS June 21, 1999 be subject to the provisions of R.S. 1:60 but shall be subject to other * * * relevant provisions of law or rules or regulations of the commissioner. (2) The following shall be exempt from the requirement for a * * * written examination: * * * §5. General definitions (f) Any applicant for a license to represent an industrial life, health, In this code, unless the context otherwise requires, the and accident, service, or nonprofit, or home service insurer or an insurer following definitions shall be applicable: which currently sells a combination of ordinary and industrial life, * * * health, and accident insurance which has more than fifty percent of its (16) "Directive" means a written communication or order issued premium income from industrial premium income. For the purpose of by or on behalf of the commissioner of insurance to a person whose this Subsection only, industrial premium income is defined as premiums activities are regulated by this Title, which instructs the person to act in payable on a monthly or more frequent basis, written by debit agents conformance with this Title, or any rule or regulation adopted in operating under a debit agency system. accordance with the Administrative Procedure Act. * * * (17) "Small company" shall mean a domestic life insurer which M. does business exclusively in the state of Louisiana, with admitted assets * * * not exceeding ten million dollars and having gross annual premiums not (2)(a) A temporary license shall be issued by the commissioner of exceeding two million dollars." insurance to an applicant who represents a combination insurer. A "combination insurer", for purposes of this Subsection only, is defined * * *" as an insurer which currently sells a combination of ordinary and AMENDMENT NO. 7 industrial insurance which has in excess of fifty percent of its premiums On page 3, between lines 6 and 7 insert the following: income from industrial life insurance. The temporary license shall only be issued to an applicant where the appointing insurer shall certify to the "§861. Reports; risk-based capital commissioner that the applicant, when appointed, will be primarily A. Unless it appears in the discretion of the commissioner that the engaged in the sale of policies and the collection of premiums payable condition of a small company renders the continuance of its business on a monthly or more frequent basis marketed under a debit agency hazardous to the public or its insureds, a small company shall not be system. The temporary license shall remain in effect for ninety days required to submit to the department a risk-based capital report required from the issuance of the license. Within that period, the temporary by this Section. Every other domestic insurer shall submit to the licensee shall successfully complete a written examination for the class department on or prior to March first of each year a report of its risk- or classes of business in which the agent is engaged. The authority to act based capital levels as of the end of the prior calendar year, in a form as a home service life insurance agent shall be granted to an applicant that contains information required by the risk-based capital instructions. by the commissioner for a time period to commence with the date of In addition, every other domestic insurer shall file the risk-based capital certified mailing of the license application by the insurer and shall report: terminate upon the issuance or denial of a permanent license. The sponsoring insurer must certify that the applicant will be primarily * * * engaged in the selling and servicing of guaranteed life insurance products on the basis set forth in the "Home Service Marketing §1005. Registration of insurers Distribution System" as defined in Subparagraph (c) of this Paragraph. * * * The insurer must have a reasonable expectation that the applicant meets J. Exemptions the requirements for licensure set forth in Subsection L of this Section. (1) The provisions of this Section shall not apply to any insurer, For the purpose of limiting the authority contained herein, a guaranteed information, or transaction if and to the extent that the commissioner by life product means a policy in which the premiums, face amount of rule, regulation, or order shall exempt the same from the provisions of coverage, and nonforfeiture values, if any, are guaranteed at issue by its this Section. provisions. (2) Unless it appears in the discretion of the commissioner that the (b) The holder of a permanent license to represent a combination condition of a small company renders the continuance of its business or industrial insurer shall be required to take the written examination in hazardous to the public or its insureds, a small company shall not be the event he is employed by an ordinary company. A home service life required to submit to the department a registration statement required by insurance agent shall be required to obtain a life insurance license if his this Section, but shall be considered a registered insurer for the purposes duties exceed those defined in Subparagraph (a) of this Paragraph. of the following: (c) "Home service marketing distribution system" is a system of (a) Subsection E of this Section, marketing insurance products in which fifty percent or more of the (b) R.S. 22:1006(A), and premium income is derived from policies of insurance which are sold, (c) R.S. 22:1007. serviced, or collected by agents visiting in the home or business of the * * * insured, owner, or premium payor and in which policies are issued on a monthly or more frequent premium payment basis or by single §1113. Requirements; general license; penalties; validity of premium payment and in which the agent is charged and debited with contracts the responsibility for collection of the premium payments. A. * * * * * * (2) No insurance agent, insurance broker, surplus lines insurance broker, or insurance solicitor shall make an application for, procure, §1451. Annual reports required negotiate for, or place for others, any policies for any lines of insurance * * * as to which he is not then qualified and duly licensed. G. Unless it appears in the discretion of the commissioner that the (a) An insurance agent may receive qualification for a license condition of a small company renders the continuance of its business in one or more of the following lines: hazardous to the public or its insureds, a small company shall be * * * exempted from the following filings required by this Section: (xx) Home service life. (1) Quarterly statements. * * * (2) Management discussion and analysis accompanying the annual statement. §1114. Requirements; additional (3) Computer diskette filings of the annual statement." * * * K. AMENDMENT NO. 8 51st DAY'S PROCEEDINGS Page 51 SENATE June 21, 1999

On page 3, delete lines 16 through 25. AMENDMENT NO. 1 On page 1, line 2, after "reenact" delete the remainder of the line and Respectfully submitted, delete lines 3 and 4 in their entirety and insert " R.S. 4:705(2) as enacted by House Bill No. 1365 of the 1999 Regular Session of the Representatives: Senators: Legislature to add such provision to Chapter 11 of Title 4 as enacted by James J. "Jim" Donelon Gregory W. Tarver, Sr. House Bill No. 1365 of the 1999 Regular Session of the Legislature, Shirley D. Bowler Ronald C. "Ron" Bean relative to the powers and duties of the office of charitable gaming to Dan W. Morrish Donald R."Don" Cravins increase" Rules Suspended AMENDMENT NO. 2 On page 1, delete lines 8 through 10 and insert the following: Senator Cravins asked for and obtained a suspension of the rules for the purpose of considering the Conference Committee Report. On "Section 1. R.S. 4:705(2) as enacted by House Bill No. 1365 of the motion of Senator Cravins, a vote was taken on the adoption of the 1999 Regular Session of the Legislature is hereby amended and report. reenacted to add such provision to Chapter 11 of Title 4 as enacted by House Bill No. 1365 of the 1999 Regular Session of the Legislature to ROLL CALL read as follows:" AMENDMENT NO. 3 The roll was called with the following result: On page 1, delete lines 11 through 17 in their entirety YEAS AMENDMENT NO. 4 Bajoie Ellington Landry On page 2, delete lines 1 through 11 in their entirety and insert in lieu Barham Fields C Lentini thereof the following: Bean Fields W Malone Boissiere Greene Robichaux "§705. Office functions, duties, and responsibilities Branch Heitmeier Romero The office shall have the following functions, duties, and Cain Hines Schedler responsibilities: Campbell Hollis Smith * * * Cox Irons Tarver Cravins Johnson Theunissen (2) To establish, assess, and collect the following fees for issuance Dardenne Jones Thomas of licenses and special licenses and for license renewals as follows: Dean Jordan Ullo (a) Manufacturer's license and renewal fee shall be two thousand Dyess Lambert five hundred dollars. Total—35 (b) Distributor's license and renewal fee shall not be more than two NAYS hundred fifty dollars, except the license and renewal fee for a private contractor licensed to conduct games of chance authorized under the Casanova provisions of R.S. 4:729 shall be two hundred dollars. Total—1 (c) Licensed organization's license and renewal fee shall be Seventy- ABSENT five dollars. (d) Special events license and renewal fee shall be one hundred Mr. President Hainkel Siracusa dollars. (e) Commercial lessor's license and renewal fee shall be five Total—3 hundred dollars." The Chair declared the Conference Committee Report was AMENDMENT NO. 5 adopted. Senator Cravins moved to reconsider the vote by which the On page 2, after line 11 insert the following: report was adopted and laid the motion on the table. "Section 2. Notwithstanding the provisions of Section 5 of House Bill No. 1365 of this 1999 Regular Session of the Louisiana Legislature, CONFERENCE COMMITTEE REPORT which has been finally passed by both houses of the Louisiana House Bill No. 1362 By Representative Windhorst Legislature, the provisions of this Act shall supercede and take June 20, 1999 precedence over any conflicting provisions contained in House Bill No. 1365 of this 1999 Regular Session." To the Honorable Speaker and Members of the House of Representatives and the Honorable President and Members of the Respectfully submitted, Senate. Representatives: Senators: Ladies and Gentlemen: Stephen J. Windhorst Noble E. Ellington Joe R. Salter Jesse Kendrick "Ken" Hollis, Jr. We, the conferees appointed to confer over the disagreement Thomas David Wright John L. "Jay" Dardenne, Jr. between the two houses concerning House Bill No. 1362 by Representative Windhorst, recommend the following concerning the Rules Suspended reengrossed bill: Senator Dardenne asked for and obtained a suspension of the rules 1. That Senate Committee Amendments Nos. 1 through 6 proposed for the purpose of considering the Conference Committee Report. On by the Senate Committee on Judiciary B and adopted by the Senate motion of Senator Dardenne, a vote was taken on the adoption of the on June 14, 1999 be rejected. report. 2. That the following amendments to the reengrossed bill be adopted. Page 52 SENATE 51st DAY'S PROCEEDINGS June 21, 1999

ROLL CALL AMENDMENT NO. 3 On page 1, line 12, after "commissioner;" insert the following: The roll was called with the following result: "to provide relative to insurance fraud; to provide for an insurance YEAS fraud investigation unit within the Department of Public Safety and Corrections; to provide for the powers, duties, and responsibilities; Mr. President Dyess Lambert to provide for the duties and responsibilities of insurers; to provide Bajoie Ellington Landry immunity from liability; to provide with respect to rewards; to Barham Fields C Lentini provide for reports to the legislature; to provide for reports of fraud Bean Fields W Malone investigations within the Department of Insurance; to provide Boissiere Greene Robichaux relative to the confidentiality of certain records; to provide for a Branch Hainkel Romero special assessment fee; to create a special fund;" Cain Heitmeier Schedler Campbell Hines Smith AMENDMENT NO. 4 Casanova Hollis Tarver On page 1, line 17, change "and 644.1" to "644.1, and 1451(G)," Cox Irons Theunissen Cravins Johnson Thomas Dardenne Jones Ullo AMENDMENT NO. 5 Dean Jordan On page 4, delete line 11 in its entirety Total—38 NAYS AMENDMENT NO. 6 On page 5, between lines 7 and 8, insert the following: Total—0 ABSENT "Section 2. R.S. 22:1214 and 1245 are hereby amended and reenacted to read as follows: Siracusa Total—1 §1241. Purpose and powers The purpose of this Part is to create within the Department of The Chair declared the Conference Committee Report was Insurance a section of insurance fraud. This section shall be adopted. Senator Dardenne moved to reconsider the vote by which the charged with the responsibility, when requested by the report was adopted and laid the motion on the table. commissioner of insurance, to conduct investigations and background criminal checks on all applicants for a license or CONFERENCE COMMITTEE REPORT certificate of authority to transact a business of insurance. In the House Bill No. 1868 By Representative Donelon event the applicant is a corporation, partnership, or other legal entity, the criminal searches shall be limited to those individuals June 20, 1999 who are directors, officers, employees, consultants, or individuals who own or control at least ten percent of the entity. If the section To the Honorable Speaker and Members of the House of has reason to believe, whether acting on its own initiative or as a Representatives and the Honorable President and Members of the result of complaints, that a person has engaged in, or is engaging Senate. in, an act or practice that violates this Part or any other provision of the Insurance Code, it may examine and investigate into the Ladies and Gentlemen: affairs of such person and may administer oaths and affirmations, We, the conferees appointed to confer over the disagreement serve subpoenas ordering the attendance of witnesses, and collect between the two houses concerning House Bill No. 1868 by evidence. If during the course of investigation, the Department of Representative Donelon, recommend the following concerning the Insurance determines that there may be a violation of any criminal reengrossed bill: law, the investigation shall then be turned over to the Louisiana Department of Justice, the Department of Public Safety and 1. That Senate Committee Amendments Nos. 1, 4, 5,and 7 through Corrections, public safety services, office of state police, and other 11 proposed by the Senate Committee on Insurance and adopted appropriate law enforcement and/or prosecutorial agency, for by the Senate on May 13, 1999, be adopted. further investigation, enforcement, or prosecution. * * * 2. That Senate Committee Amendments Nos. 2, 3, and 6 proposed by §1245. Duties of companies and others the Senate Committee on Insurance and adopted by the Senate on Any person, company, or other legal entity including but not May 13, 1999, be rejected. limited to those engaged in the business of insurance, including agents, brokers, and adjusters, which believes that a fraudulent 3. That Amendment No. 1 proposed by the Legislative Bureau and claim is being made, shall within sixty days of the receipt of such adopted by the Senate on May 17, 1999, be adopted. notice, send to the section of insurance fraud, on a form prescribed by the section, the information requested and such additional 4. That the following amendments to the reengrossed bill be adopted. information relative to the claim and the parties claiming loss or damages because of an occurrence and/or accident as the section AMENDMENT NO. 1 may require. The section of insurance fraud shall review such On page 1, at the end of line 2, delete "and" and delete line 3 in its reports and select such claims as, in its judgment, may require entirety and insert "1112(1), 1241, and 1245 and R.S. further investigation. It shall then cause an independent 23:1293(A)(3), to enact R.S. 22:5(16), 6(15), (16), and (17), examination of the facts surrounding such claim to be made to 624(B)(8) and (9)," determine the extent, if any, to which fraud, deceit, or intentional misrepresentation of any kind exists in the submission of the claim. AMENDMENT NO. 2 The section of insurance fraud shall report any alleged violations On page 1, line 4, after "644.1," insert "1451(G), and Subpart B of law which its investigations disclose to the appropriate licensing of Part III of Chapter 6 of Title 40 of the Louisiana Revised agency, the insurance fraud investigation unit of public safety Statutes of 1950, to be comprised of R.S. 40:1421 through 1429," services, office of state police, the Department of Justice, and 51st DAY'S PROCEEDINGS Page 53 SENATE June 21, 1999

prosecutive authority having jurisdiction with respect to any such (1) Initiate independent inquiries and conduct independent violation. investigations into allegations of insurance fraud in any * * * municipality or parish of the state of Louisiana and perform other Section 3. R.S. 23:1293(A)(3) is hereby amended and related law enforcement duties. reenacted to read as follows: (2) Respond to notification or complaints alleging insurance §1293. Confidentiality of records; exceptions; penalties for fraud generated by federal, state, and local police, other law violation enforcement authorities, governmental agencies or units, and any A. other person. * * * (3) Review notices and reports of insurance fraud, select the (3) Nothing in this Section shall prohibit the communication incidents of suspected fraud that, in its judgment, require further of facts, documents, or other information which are part of an detailed investigation, and conduct the investigations. employee's record if requested by a federal or state prosecuting B. The insurance fraud investigation unit shall have the attorney, by the office of state police, public safety services, authority to: Department of Public Safety and Corrections, in the conduct of an (1) Issue subpoenas to examine any person under oath and insurance fraud investigation, or by the attorney general of this to compel the production of records, books, papers, contracts, and state. The office may also share information with any state or other documents. Subpoenas shall be served in the same manner federal agency for the purpose of investigating or determining tax as if issued by a district court. If any person fails to obey a fraud or the offset of any governmental benefit or worker's subpoena issued and served pursuant to this Subsection, upon compensation benefits. application of the insurance fraud investigation unit, the * * * Nineteenth Judicial District Court or the district court in the Section 4. Subpart B of Part III of Chapter 6 of Title 40 of the judicial district where the subpoena was served may issue an order Louisiana Revised Statutes of 1950, comprised of R.S. 40:1421 requiring the person to comply with the subpoena. Any failure to through 1429, is hereby enacted to read as follows: obey the order of the court may be punished by the court as SUBPART B. INSURANCE FRAUD INVESTIGATION UNIT contempt. §1421. Definitions (2) Administer oaths and affirmation. As used in this Chapter, the following words shall have the (3) Share records and evidence with federal, state or local law following meanings: enforcement or regulatory agencies. (1) "Commissioner" means commissioner of insurance. (4) Make criminal referrals to prosecuting authorities. The (2) "Fraud unit" or "unit" means the insurance fraud district attorney of the judicial district where a criminal referral has investigation unit within the office of state police, Department of been made shall, for the purpose of assisting in such prosecution, Public Safety and Corrections. have the authority to appoint as special deputy district attorneys, (3) "Fraud support unit" means the insurance fraud support licensed attorneys in the employment of the insurance fraud unit within the Department of Justice. investigation unit. The district attorney shall have the right and (3) "Insurance fraud" means any commission or attempted discretion to proceed against any person or organization on commission of criminal acts or practices as provided in R.S. criminal referrals. 22:1242, 1243, or 1244 which involves any type of insurance as (5) Conduct investigations outside of this state. If the provided in R.S. 22:6. information the fraud unit seeks to obtain is located outside this (4) "Insurance policy" means a contract or other written state, the person from whom the information is sought may make instrument between an insured and insurer setting forth the the information available to the fraud unit to examine at the place obligations and responsibilities of each party. where the information is located. The fraud unit may designate (5) "Insurance premium finance company" means a person representatives, including officials of the state in which the matter engaged or purporting to engage in the business of advancing is located, to inspect the information on behalf of the fraud unit, money, directly or indirectly, to an insurer or producer at the and the fraud unit may respond to similar requests from officials of request of an insured pursuant to the terms of a premium finance other states. agreement, including but not limited to loan contracts, notes, C. The police employees of the unit shall have the same agreements, or obligations, wherein the insured has assigned the duties and powers as are provided for other police employees of the unearned premiums, accrued dividends, or loss payments as office in R.S. 40:1379 and such other duties as are assigned by the security for such advancement in payment of premiums on deputy secretary of public safety services of the Department of insurance policies only, and does not include the financing of Public Safety and Corrections. insurance premiums purchased in connection with the financing of goods and services. §1423. Access to evidence, documentation, and related materials (6) "Insurance professional" means an adjuster, agent, A. The insurance investigation fraud unit is authorized to managing general agent, surplus lines broker, reinsurance have direct access to information compiled by the Federal Bureau intermediary, insurance consultant, broker, or attorney-in-fact. of Investigation, as contained in the National Crime Identification (7) "Insurance transaction", "insurance business", and Center. "business of insurance" include solicitation, negotiations B. The unit is authorized to request access to evidence, preliminary to execution of an insurance contract, execution of an documentation, and related materials located within this state insurance contract and the transaction of matters subsequent to pertinent to an investigation or examination and in the possession execution of a contract and arising out of it, and matters arising out or control of an insurer or an insurance professional. The person of any relationship among or between an insured, an insurer and so requested shall either make the material available to the unit or a third party for which an insurance policy provides coverage. shall make the material available for inspection or examination by (8) "Insured" means any person covered by an insurance a designated representative of the unit. policy. (9) "Insurer" means any person or company subject to §1424. Reporting suspected fraud regulation pursuant to Title 22 of the Louisiana Revised Statutes. A. If any person or any insurer, any employee thereof, or any insurance professional has knowledge of or has reason to believe §1422. Insurance fraud investigation unit; powers and duties that a violation of R.S. 22:1242, 1243, or 1244 will be, is being, or A. There is hereby created an insurance fraud investigation has been committed, that person shall notify the insurance fraud unit in the Department of Public Safety and Corrections, public investigation unit and shall furnish and disclose any information in safety services, office of state police. The purposes of this unit his possession concerning the fraudulent act to the unit subject to shall be to: any legal privilege protecting such information. Page 54 SENATE 51st DAY'S PROCEEDINGS June 21, 1999

B. All applications for insurance and all claim forms provided (3) The results achieved as a consequence of such expenditures, and required by an insurer or required by law as a condition of including the number of notifications or inquiries received, the number payment of a claim shall contain a statement, permanently affixed of inquiries and investigations undertaken, the number of inquiries to to or included as a part of the application or claim form, that clearly which an investigation was not initiated, the number of arrests, the states in substance the following: number of files presented to prosecutors, the number of prosecutions, "Any person who knowingly presents a false or fraudulent claim the number of convictions, and the total dollar amount of restitution for payment of a loss or benefit or knowingly presents false resulting from the operation of the insurance fraud investigation unit. information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison." §1428. Special assessment; creation of fund C. The lack of the statement required by Subsection B of this A.(1) Except as provided in Paragraph (2) of this Subsection, the Section shall not constitute a defense in any criminal prosecution. commissioner of insurance may assess a fee on the direct premiums The statement shall not be required to appear on applications and received by each insurer licensed by the Department of Insurance to forms relating to reinsurance. conduct business in this state. Such fee shall be imposed by rule adopted by the commissioner in accordance with the Administrative §1425. Receipt of information; immunity from liability Procedure Act, R.S. 49:950 et seq. The total fees assessed for any year A. Any insurer providing information to an authorized shall not exceed the amount necessary to pay the costs of investigation, representative of the unit pursuant to this Subpart shall have the enforcement, and prosecution of insurance fraud by in this state by the right to request relevant information and receive the information programs to which funds are allocated in Paragraph (4) of this requested within thirty days. Subsection. The total fee assessed in any year shall not exceed an B. There shall be no cause of action in the nature of amount equal to 0.000375 multiplied times the annual direct premium defamation, libel, slander, invasion of privacy, negligence, or any dollars received that are subject to the fee. other cause of action against any person furnishing information (2) The fee shall not be assessed on premiums received on life concerning any suspected, anticipated, or completed criminal or insurance policies, annuities, credit insurance, reinsurance contracts, fraudulent insurance act as described in this Part which involve any reinsurance agreements, or reinsurance claims transactions. The fee type of insurance as defined in R.S. 22:6. This immunity from shall not be assessed on fifty percent of the premiums received on health liability shall apply when the information is provided to or received and accident insurance policies. from a person employed by or authorized by an insurer whose (3) On and after January 1, 2002, if the fee assessed for the activities include the investigation or reporting of suspected previous year exceeds by five percent of the cumulative costs of the fraudulent insurance acts. The immunity shall apply to furnishing, previous year of operating the insurance fraud programs to which funds disclosing, or requesting information on such suspected fraudulent are allocated, the fee assessment for the next year shall be reduced by insurance acts to or from the unit as to a person employed by or the amount of the excess in proportion to the assessment. authorized by other insurers or insurer organizations acting in the (4) The fees collected shall be used solely for the purposes of this same capacity including the National Association of Insurance Subpart and shall be allocated as follows: Commissioners, another insurer, any federal or state governmental (a) Seventy-five percent of the fees collected shall be allocated to entity established for the purposes of detecting and preventing the insurance fraud investigation unit within the office of state police. insurance fraud, or the National Insurance Crime Bureau. (b) Fifteen percent of the fees collected shall be allocated to the C. No insurer, its officers or employees, insurance professional, or Department of Justice to be used solely for the insurance fraud support any other person shall be subject to such cause of action for cooperating unit. with or furnishing evidence or information regarding any suspected (c) Ten percent of the fees collected shall be allocated to the criminal violation to the unit. Department of Insurance to be used solely for the section of insurance D. This Section shall not provide immunity for those disclosing or fraud. furnishing false information with actual malice or willful intent to injure B. The fee established in this Section shall be paid to any person. commissioner of insurance and shall be deposited immediately upon E. This Section shall not abrogate or modify in any way receipt into the state treasury. jurisprudential or statutory privileges or immunities heretofore enjoyed C. After compliance with the requirements of Article VII, Section by any person or entity described in this Section, nor shall it authorize 9(B) of the Constitution of Louisiana relative to the Bond Security and the unit to make public insurance company records which are Redemption Fund, an amount equal to that deposited as required by proprietary in nature. Subsection B of this Section shall be credited to a special fund hereby created in the state treasury to be know as the Insurance Fraud §1426. Reward fund Investigation Fund. The monies in this fund shall be used solely as The Department of Public Safety and Corrections, office of state provided by Subsection A of this Section and only in the amounts police, in cooperation with and with voluntarily funding by authorized appropriated by the legislature. All unexpended and unencumbered insurers and insurance professionals, may establish and operate a fund monies in this fund at the end of the fiscal year shall remain in such to offer monetary rewards for information sufficient to procure fund. conviction in a court of appropriate jurisdiction of a person or persons responsible for insurance fraud. No law enforcement officer, employee §1429. Sunset of the office of commissioner of insurance, employee of an insurance This Subpart shall be null, void, and unenforceable on July 1, company, or any insurance professional shall be eligible to receive such 2004." reward. AMENDMENT NO. 7 §1427. Reports On page 5, line 8, after "Section" change "2." to " 5." The insurance fraud investigation unit shall submit an annual report to the governor and the insurance committees of each house of AMENDMENT NO. 8 the legislature no later than February fifteenth of each year on the On page 5, at the beginning of line 11, change "Section 3." to "Section progress made in deterring insurance fraud. Such report shall detail: 6." (1) All expenditures and receipts of the insurance fraud investigation unit. AMENDMENT NO. 9 (2) The uses to which these funds were put, including payment of On page 5, at the beginning of line 18, delete "Section 4. The salaries and expenses, purchases of equipment and supplies, and other provisions of Section 2" and insert "Section 7. The provisions of expenditures by type. Section 5" 51st DAY'S PROCEEDINGS Page 55 SENATE June 21, 1999

AMENDMENT NO. 10 2. That Senate Committee Amendments No. 23, proposed by the On page 5, after line 19, insert the following: Senate Committee on Commerce and Consumer Protection and "Section 8. The provision of Sections 2, 3, and 4 of this Act shall adopted by the Senate on June 3, 1999, be rejected. become effective on January 1, 2000." 3. That Amendments Nos. 1 through 7 proposed by the Legislative Respectfully submitted, Bureau and adopted by the Senate on June 4, 1999, be adopted. Representatives: Senators: 4. That Senate Floor Amendments Nos. 1 through 3 proposed by James J. "Jim" Donelon Ronald C. "Ron" Bean Senator Campbell and adopted by the Senate on June 10, 1999, be Charles W. "Charlie" DeWitt, Jr. Donald R. "Don" Cravins rejected. Rules Suspended 5. That Senate Floor Amendments Nos. 1 and 2 proposed by Senator Hollis and adopted by the Senate on June 10, 1999, be adopted. Senator Cravins asked for and obtained a suspension of the rules for the purpose of considering the Conference Committee Report. On 6. That Senate Floor Amendment No. 3 proposed by Senator Hollis motion of Senator Cravins, a vote was taken on the adoption of the and adopted by the Senate on June 10, 1999, be rejected. report. 7. That the following amendments to the engrossed bill be adopted: ROLL CALL AMENDMENT NO. 1 On page 1, line 2, after "R.S." delete the remainder of the line and insert The roll was called with the following result: in lieu thereof "9:3514, 3517(C), 3521(A) and (B)(introductory paragraph), 3528(A) and (B), 3531, 3543(A), 3554(I), (J), and (L), YEAS 3555(D), 3556.1(A), and 3561.1(A) and to enact R.S. 9:3511(E), Mr. President Dyess Lambert 3530(F), 3554(E)(3)(c), and Chapter 2-A of Title 9 of the" Bajoie Ellington Landry Barham Fields C Lentini AMENDMENT NO. 2 Bean Fields W Malone On page 1, line 6, after "loans" delete the remainder of the line and at Boissiere Greene Robichaux the beginning of line 7, delete "of "licensed lender"" and insert in lieu Branch Hainkel Romero thereof a comma "," and "licensed lenders, and consumer credit" Cain Heitmeier Schedler Campbell Hines Smith AMENDMENT NO. 3 Casanova Hollis Tarver On page 1, line 12, after "regulations;" and before "and" insert the Cox Irons Theunissen following: Cravins Johnson Thomas Dardenne Jones Ullo to provide for convenience fees; to provide for the scope of the Dean Jordan Louisiana Consumer Credit Law; to provide for disclosures of the Total—38 contract; to provide for definitions; to provide for additional fees and charges; to provide for maximum charges after negotiations; to provide NAYS for maximum deferral charges; to provide for disclosure of prepayment Total—0 information; to provide relative to property insurance; to provide for ABSENT revocations or suspensions; to provide for the institution of civil actions; to provide for examination authority; to provide relative to the Louisiana Siracusa Consumer Credit Education Fund; to provide for the maintenance of Total—1 records; to provide for application and license fees; The Chair declared the Conference Committee Report was AMENDMENT NO. 4 adopted. Senator Cravins moved to reconsider the vote by which the On page 1, line 14, after "R.S." and before "hereby" delete "9:3516(22) is" and insert in lieu thereof "9:3514, 3517(C), 3521(A) and report was adopted and laid the motion on the table. (B)(introductory paragraph), 3528(A) and (B), 3531, 3543(A), 3554(I), (J), and (L), 3555(D), 3556.1(A), and 3561.1(A) are" and at the end of CONFERENCE COMMITTEE REPORT line 14, add "R.S. 3511(E), 3530(F), 3554(E)(3)(c), and" and on line House Bill No. 1919 By Representatives Travis and Murray 16, after "3578.8, " and before "hereby" change "is" to "are" June 20, 1999 AMENDMENT NO. 5 To the Honorable Speaker and Members of the House of On page 2, delete lines 1 through 8 in their entirety and insert in lieu Representatives and the Honorable President and Members of the thereof the following: Senate. §3511. Scope Ladies and Gentlemen: * * * We, the conferees appointed to confer over the disagreement between the two houses concerning House Bill No. 1919 by E. All consumer credit transactions shall comply with federal Representatives Travis and Murray, recommend the following Regulation Z of the Board of Governors of the Federal Reserve System. concerning the engrossed bill: Failure to comply with Regulation Z is a violation of this Chapter. 1. That Senate Committee Amendments Nos. 1 through 22 and 24 * * * through 28, proposed by the Senate Committee on Commerce and Consumer Protection and adopted by the Senate on June 3, 1999, §3514. Agreement to contract; disclosures of the contract be adopted. Page 56 SENATE 51st DAY'S PROCEEDINGS June 21, 1999

A. The parties to a transaction other than a consumer credit of a month. A deferral charge may be collected at the time it is assessed transaction may contract with one another that such transactions shall or at any time thereafter. Deferral charges on a precomputed consumer be subject to the provisions of this Chapter, in which event the credit transaction may be computed on a pro rata basis or any other transaction shall be a consumer credit transaction within the provisions method of calculation that does not yield a greater sum than the of this Chapter. However, a licensed lender under this Chapter, who is maximum rates permitted in this Chapter. In lieu of the above, the not at the same time licensed under R.S. 6:951 et seq., may not contract entire unpaid balance of the transaction may be deferred by charging an a class one retail installment transaction subject to R.S. 6:951 et seq. amount equal to the rate previously stated to the consumer times the under the provisions of this Chapter. This restriction shall apply only to balance at the time of deferral for the period of deferral. In such a case, licensed lenders under this Chapter, who are not at the same time the transaction maturity date will be extended by the number of months licensed under R.S. 6:951 et seq., and shall not apply to supervised that the balance is deferred. financial organizations that are exempt from licensing under both B. The parties may agree in writing at the time of a precomputed statutes. Unless a creditor is exempt from the licensing requirements of consumer credit transaction that if an installment is not paid within ten this Chapter under R.S. 9:3560, a creditor may not contract more than days after its due date, the extender of credit may unilaterally grant a four transactions under the provisions of this Chapter over any calendar deferral and make charges as provided in this Section, provided the year without first complying with the licensing requirements under Part transaction consists of more than one installment. No deferral charge IX of this Chapter. may be made for a period after the date that the extender of credit elects B. Written credit contracts and agreements shall accurately reflect to accelerate the maturity of the agreement. A delinquency charge made the actual terms, conditions, and repayment schedule agreed to by the by the extender of credit on an installment may not be retained if a parties. If a loan is to be repaid on demand, in a lump sum, or at deferral charge is made pursuant to this Section with respect to the undefined intervals of time, interest on the loan shall be computed by the period of delinquency. actuarial or simple interest method when allocating payments made on the loan. * * * * * * §3530. Fees; origination; notary, documentation; over-the-credit-limit fee §3517. Terms; construction; additional fees and charges * * * * * * F.(1) A lender may charge the consumer the convenience fee C. Except to the extent specifically limited in amount or prohibited authorized by R.S. 47:532.1(C) for services performed by a public by this Chapter, an extender of credit may impose and collect additional license tag agent. Such fee shall not be charged to the consumer more fees and charges contractually provided for under the consumer's than once. promissory note or credit agreement. Those fees and charges that are (2) Notwithstanding any other law to the contrary, the convenience not considered to be finance charges for Federal Truth in Lending fee authorized by R.S. 47:532.1(C) shall not be considered as interest, purposes shall not be considered to be loan finance charges or credit nor shall it be included in the calculation of interest. service charges for purposes of this Chapter. The commissioner shall prescribe, by rule not inconsistent with the provisions of this Chapter, §3531. Right to prepay additional fees and charges which may be imposed and collected by an extender of credit if such fees and charges have been contractually A. Notwithstanding any contrary provision of a consumer credit provided for in the consumer's promissory note, or credit contract or transaction, the consumer may prepay in full the unpaid balance at any agreement. time. An extender of credit may within its discretion accept the amount tendered by the consumer to be a prepayment in full of a simple interest * * * loan if the amount tendered is within one dollar, or to the extent provided by federal law, more or less, of the amount actually owed. §3521. Maximum charges after negotiations Under such circumstances, the extender of credit may retain any excess amount tendered by the consumer provided that the amount tendered A. The obligation arising out of any consumer credit sale, does not exceed the amount actually owed by more than one dollar, or including a revolving charge account, may be evidenced by a written to the extent provided by federal law. agreement which may provide for a credit service charge not in excess B.(1) The extender of credit shall provide the consumer, within of the maximum loan finance charge which could be charged, five days of the date a written request is received from the consumer, contracted for, or received by a supervised financial organization, lender with the amount necessary to prepay the account in full; and if the who files notification pursuant to R.S. 9:3564, or licensed lender in a amount disclosed includes an amount which is required to be refunded consumer loan transaction where the principal is the same as the amount under this Section with respect to such prepayment, the amount of such financed and the term is a corresponding term. refund. B. Such written agreement must be transferred or assigned to a (2) A consumer shall be entitled to receive one such disclosure of supervised financial organization, lender who files notification pursuant information statement each year without charge. Thereafter, the to R.S. 9:3564, or a licensed lender within thirty-five days from the date extender of credit may impose a reasonable fee to cover the cost of of making. If such written agreement is not so transferred or assigned providing an additional disclosure statement; however, the charge within the said time limit, the seller or holder shall: imposed must be disclosed to the consumer before furnishing such disclosure statement. * * * * * * §3528. Maximum deferral charges §3543. Property insurance A. With respect to a precomputed consumer credit transaction payable in more than one installment, the parties before or after default A. An extender of credit may, in addition, request or require a may agree in writing to a deferral of all or part of one or more unpaid consumer to insure property, all or part of which is involved in a installments, and the extender of credit may make and collect a charge contract or agreement, made under the authority of this Chapter, and not exceeding the rate previously stated to the consumer calculated include the cost of the insurance as a separate charge in the contract or without regard to differences in the lengths of months, but agreement. The property shall be described so as to readily identify it proportionately for a part of a month, counting each day as one-thirtieth and such description shall be included as part of the contract or 51st DAY'S PROCEEDINGS Page 57 SENATE June 21, 1999 agreement. This insurance and the premiums or charges thereon shall such monies. Notwithstanding any other law to the contrary, the bear a reasonable relationship to the amount, term, and conditions of the commissioner shall not have the authority to bring a class action for or contract or agreement, and to the existing hazards or risk of loss, against any party. damage, or destruction. This insurance and the premiums or charges thereon shall also bear a reasonable relationship to the character and * * * value of the property insured or to be insured, when, in the event of loss, such insurance policy does not pay off the entire balance of the loan. L. The commissioner shall have authority to examine the books, Such insurance shall not provide for unusual or exceptional risks or records, and accounts of all persons regulated under or making loans coverages which are not ordinarily included in policies issued to the subject to the Louisiana Consumer Credit Law. Such examination shall general public. not occur more frequently than once a year unless there arises the necessity for an additional examination based on a probable cause. * * * * * * §3554. Powers of commissioner §3555. Injunctions; investigations; enforcement actions; civil penalties; * * * costs E. The commissioner may, upon notice to a person regulated by * * * this Chapter and reasonable opportunity to be heard at an administrative hearing, revoke or suspend the license, notification, or registration if: D. Civil penalties paid to the commissioner, and overcharge violations of five dollars or less per consumer ordered by the * * * commissioner to be refunded, and paid to the commissioner, shall be (3) credited to a special fund hereby created in the state treasury to be known as the Louisiana Consumer Credit Education Fund. Such * * * monies shall be deposited in the fund after compliance with the requirements of Article VII, Section 9(B) of the Constitution of (c) The commissioner finds any fact or condition exists which, if Louisiana relative to the Bond Security and Redemption Fund, and prior it had existed at the time of the original application for licensure, to such monies being placed in the state general fund. The monies in notification, or registration, would have warranted the refusal of its this fund shall be invested by the state treasury in the same manner as issuance. monies in the state general fund, and interest earned on the investment of such monies shall be credited to the fund. The monies in the fund, * * * and any interest or dividend which may be earned, shall be used solely to finance education programs for consumers and lenders concerning I.(1) The commissioner may remove from office any individual the provisions of the consumer credit laws, and for reimbursement of with power to direct the management or policies of a person regulated the office of financial institutions' costs in enforcing the provisions of by this Chapter, including but not limited to any officer, director, or this Chapter as provided in R.S. 9:3554(A)(3). manager, if any such individual is convicted of, pleads guilty to, or is found guilty after a plea of nolo contendere, of any felony under any * * * state or federal law, or of a misdemeanor of which fraud is an essential element or which involves any aspect of the business of making loans. §3556.1. Records; rules Prior to such removal, the commissioner shall serve written notice upon such individual and upon the person regulated by this Chapter, of his A. Each person regulated by this Part shall maintain records of its intent to remove such individual from office. If such individual remains consumer credit sales or loans as required by the commissioner or by in office thirty days after such written notice, the commissioner may rule. Persons who make consumer credit sales and do not transfer or revoke the license or other privileges granted by this Chapter without assign their agreements to a supervised financial organization, a lender any further notification or a hearing. who files notification pursuant to R.S. 9:3564, or a licensed lender within thirty-five days, as provided by R.S. 9:3521, shall comply with (2) The commissioner may, upon notice to an individual with the the Records Retention Rule for licensed lenders, and shall promptly power to direct the management or policies of a person regulated by this notify the commissioner that such person is collecting or otherwise Chapter, including but not limited to any officer, director, or manager, enforcing consumer sales agreements or consumer loans and shall and after reasonable opportunity to be heard at an administrative further retain copies of all such documents and contracts on file for hearing, remove the individual from participating in the affairs of a examination by the commissioner. licensee if that individual has been prohibited, temporarily or permanently, by any other state or federal regulator from participating * * * in activities for which he is licensed under this Chapter. §3561.1. License; examination; renewal fees; records J. When the commissioner has If it is found, after an administrative hearing, that consumers who have done business with the A. The initial application, survey, and license fee for a license to extender of credit have been aggrieved by an improper loan finance make consumer loans shall be five hundred dollars and shall be payable charge, credit service charge, deferral charge, delinquency charge, or only by cashier's check, certified check, or money order. No portion of improper rebate, or has included an improper item in the amount the fee shall be refunded if the application is denied. Such application, financed, he shall bring the commissioner may institute a civil action on survey, and license fee shall be nonrefundable. If the license is not behalf of such consumers in any form which he deems appropriate to issued for any reason, upon written request of the applicant, the fee shall effectuate the provisions of this Subsection, in order to recover any such be applied to the submission of a new application. money improperly exacted from the consumer by the extender of credit provided that sixty days have passed after giving notice by certified mail * * * of his intentions. All monies recovered shall be returned to the aggrieved consumer who shall be made a party to such litigation in a AMENDMENT NO. 6 manner deemed to be reasonable and which shall assure prompt and On page 4, between lines 18 and 19, insert the following: expeditious payment to the consumer, in whole or in part, and is calculated to minimize the expenses associated with the distribution of Page 58 SENATE 51st DAY'S PROCEEDINGS June 21, 1999

"(7) Renew or roll over a deferred presentment transaction or small loan. However, a licensee may accept a partial payment of twenty- 1. That the following Senate Committee Amendments proposed by five percent of the amount advanced plus fees charged and enter into a the Senate Committee on Finance and adopted by the Senate on new deferred presentment transaction or renew the small loan for the June 9, 1999, be adopted: Nos. 1 through 72, 74, 76 through 88, remaining balance owed. Once a deferred presentment transaction or 90 through 112, 114, and 117 through 143. small loan has been completed, a consumer may enter into a new transaction or loan with the licensee. A deferred presentment 2. That the following Senate Committee Amendments proposed by transaction or small loan shall be considered completed when the the Senate Committee on Finance and adopted by the Senate on amount advanced has been paid in full by the consumer." June 9, 1999, be rejected: Nos. 73, 75, 89, 113, 115, and 116. Respectfully submitted, 3. That the following Senate Floor Amendments in the set of 46 amendments (designated No. 890) proposed by Senator Hainkel Representatives: Senators: and adopted by the Senate on June 11, 1999, be adopted: Nos. 1 John D. Travis Ken Hollis through 7, 9 through 28, 30, 31, 36, and 39 through 46. Dan Flavin Gerald Theunissen Edwin A. Murray 4. That the following Senate Floor Amendments in the set of 46 amendments (designated No. 890) proposed by Senator Hainkel Rules Suspended and adopted by the Senate on June 11, 1999, be rejected: Nos. 8, 29, 32 through 35, 37, and 38. Senator Hollis asked for and obtained a suspension of the rules for the purpose of considering the Conference Committee Report. On 5. That the set of two Senate Floor Amendments (designated No. motion of Senator Hollis, a vote was taken on the adoption of the report. 896) proposed by Senator Hainkel and adopted by the Senate on June 11, 1999, be adopted. ROLL CALL 6. That Senate Floor Amendments Nos. 2 though 11 in the set of 12 The roll was called with the following result: amendments (designated No. 903) proposed by Senator Hainkel and adopted by the Senate on June 11, 1999, be adopted. YEAS 7. That Senate Floor Amendments Nos. 1 and 12 in the set of 12 Mr. President Dean Jones amendments (designated No. 903) proposed by Senator Hainkel Bajoie Dyess Landry and adopted by the Senate on June 11, 1999, be rejected. Barham Ellington Lentini Bean Fields C Malone 8. That the Senate Floor Amendment (designated No. 904) proposed Boissiere Fields W Robichaux by Senator Hainkel and adopted by the Senate on June 11, 1999, Branch Greene Romero be adopted. Cain Hainkel Schedler Campbell Heitmeier Smith 9. That the set of two Senate Floor Amendments (designated No. Casanova Hines Theunissen 912) proposed by Senator Hainkel and adopted by the Senate on Cox Hollis Thomas June 11, 1999, be adopted. Cravins Irons Ullo Dardenne Johnson 10. That the Senate Floor Amendment (designated No. 925) proposed Total—35 by Senator Hainkel and adopted by the Senate on June 11, 1999, NAYS be adopted. Jordan 11. That the set of seven Senate Floor Amendments (designated No. Total—1 932) proposed by Senator Hainkel and adopted by the Senate on ABSENT June 11, 1999, be rejected. Lambert Siracusa Tarver 12. That the Senate Floor Amendment (designated VICKNAIN384) Total—3 proposed by Senators Hainkel and Hines and adopted by the Senate on June 11, 1999, be rejected. The Chair declared the Conference Committee Report was adopted. Senator Hollis moved to reconsider the vote by which the 13. That the Senate Floor Amendment (designated No. 893 ) proposed report was adopted and laid the motion on the table. by Senator Bajoie and adopted by the Senate on June 11, 1998, be adopted. CONFERENCE COMMITTEE REPORT 14. That the Senate Floor Amendment (designated No. 929 ) House Bill No. 1 By Representative LeBlanc proposed by Senator Bajoie and adopted by the Senate on June 11, 1999, be adopted. June 21, 1999 15. That the set of two Senate Floor Amendments (designated No. To the Honorable Speaker and Members of the House of 902) proposed by Senator Cain and adopted by the Senate on June Representatives and the Honorable President and Members of the 11, 1999, be adopted. Senate. 16. That the Senate Floor Amendment (designated No. 909) proposed Ladies and Gentlemen: by Senator Cain and adopted by the Senate on June 11, 1999, be adopted. We, the conferees appointed to confer over the disagreement between the two houses concerning House Bill No. 1 by Representative 17. That the set of two Senate Floor Amendments (designated No. LeBlanc, recommend the following concerning the reengrossed bill: 920) proposed by Senator Ellington and adopted by the Senate on June 11, 1999, be rejected. 51st DAY'S PROCEEDINGS Page 59 SENATE June 21, 1999

18. That the set of five Senate Floor Amendments (designated Role, Scope, and Mission Statement: The mission of the Louisiana VICKNAIN383) proposed by Senator Ellington and adopted by Technical College System is to provide the residents of Louisiana with the Senate on June 11, 1999, be adopted. quality instructional curricula which will enhance both their personal and job skills development, resulting in skilled employees for business 19. That the Senate Floor Amendment (designated No. 923) proposed and industry while contribution to the productive resources of the by Senators Hines and Landry and adopted by the Senate on June nation. Each campus strives to meet its goal of providing a well- 11, 1999, be adopted. trained and credentialed workforce necessary to support economic development, to provide all citizens the training necessary to support 20. That the Senate Floor Amendment (designated No. 930) proposed economic development, to provide all citizens the training necessary by Senators Hines and Landry and adopted by the Senate on June for immediate or future employment opportunities, and to provide for 11, 1999, be rejected. life-long learning opportunities.

21. That the Senate Floor Amendment (designated VICKNAIN378) General Performance Information: 1996-2000 proposed by Senator Hines and adopted by the Senate on June 11, 1999, be rejected. Cumulative enrollment (total students served) 54,965 Enrollment in preparatory programs 29,868 22. That the Senate Floor Amendment (designated MITCHELB602) Enrollment in short-term programs 25,097 proposed by Senator Hollis and adopted by the Senate on June 11, FTEs 17,178 1999, be adopted. Completers 16,338 23. That the Senate Floor Amendment (designated No. 879) proposed Placements 11,544 by Senator Jones and adopted by the Senate on June 11, 1999, be adopted. Objective: To improve oversight procedures as measured by a 2% increase in both completers and placements at the technical college 24. That the Senate Floor Amendment (designated VICKNAIN381) campuses statewide. proposed by Senators Jones and Cox and adopted by the Senate on Performance Indicators: June 11, 1999, be rejected. Percent increase in completers 2% Percent increase in placements 2% 25. That the following amendments to the reengrossed bill be adopted: Number of completers 13,915 Number of placements 11,630 AMENDMENT NO. 1 In Senate Committee Amendment No. 2 proposed by the Senate Objective: Through the Pell Grant activity, to improve oversight of the Committee on Finance and adopted by the Senate on June 9, 1999, on technical college campus financial aid operations as measured by a 2% page 1, at the end of line 11, change "1,350,000" to "1,500,000". reduction in the number of Pell Grant recipient data records which are submitted in error and must be corrected. AMENDMENT NO. 2 Performance Indicators: In Senate Committee Amendment No. 2 proposed by the Senate Percent reduction in errors 2% Committee on Finance and adopted by the Senate on June 9, 1999, on Total amount of Pell Grants paid in LTC system $9,000,000 page 1, delete lines 12 through 14 in their entirety. Objective: To improve the management process by reducing the AMENDMENT NO. 3 approval time for short-term training programs for technical colleges In Senate Committee Amendment No. 49 proposed by the Senate from 50 days to 25 days. Committee on Finance and adopted by the Senate on June 9, 1999, on Performance Indicators: page 9, delete lines 30 through 34 in their entirety. Average approval time (in days) for programs 25 Number of short-term training programs funded 30 AMENDMENT NO. 4 In Senate Committee Amendment No. 93 proposed by the Senate Objective: To ensure that Carl D. Perkins funds are expended Committee on Finance and adopted by the Senate on June 9, 1999, on according to federal law and that there is a 5% reduction in the number page 15, delete lines 24 and 25 in their entirety and insert in lieu thereof of technical college campuses which have carryover funds. the following: Performance Indicators: Number of technical colleges with carryover funds 40 "Tobacco Settlement Revenues for a program of Percent reduction in the number of campuses with carryover funds research grants and projects in advanced health care 4.8% sciences to support clinical and laboratory research efforts based in Louisiana universities and institutions Objective: To ensure that eligible Pell Grant students are paid in a represented in the membership of the Medical Education timely fashion as measured by 100% payment of all requests submitted. Commission as provided in R.S. 17:1519.8, to fund Performance Indicators: both basic and applied research, encourage institutional Percent of students paid 100% commitment and leveraging of state funds, to be Number of students paid 4,900 administered by the Board of Regents through an Maximum grant per student $3,000 objective peer review based competitive process $10,000,000 Objective: Through the tuition/exemption activity, to improve the Provided, however, that of the $10,000,000 appropriated herein, the teacher certification process for post-secondary vocational instructors as sum of $1,000,000 shall be used for cessation and prevention of measured by a 5% increase in the number of instructors who are smoking programs." elevated from temporary to permanent certification. Performance Indicators: AMENDMENT NO. 5 Number of instructors completing certification for permanent status In Senate Committee Amendment No. 118 proposed by the Senate 55 Committee on Finance and adopted by the Senate on June 9, 1999, on Percent increase in the number of instructors completing certification page 18, delete lines 28 and 29 in their entirety and insert in lieu thereof for permanent status 5.8% the following: Page 60 SENATE 51st DAY'S PROCEEDINGS June 21, 1999

The Board shall submit performance indicators for the system and AMENDMENT NO. 14 individual campuses to the Joint Legislative Committee on the Budget On page 94, at the end of line 29, change "97.9%" to "97.8%" and the Division of Administration no later than August 15, 1999." AMENDMENT NO. 15 AMENDMENT NO. 6 On page 105, after line 50, insert the following: In Amendment No. 1 of the set of two Senate Floor amendments (designated No. 902) proposed by Senator Cain and adopted by the "In the event that Senate Bill No. 110 of the 1999 Regular Session of Senate on June 11, 1999, on page 1, line 6, after "Bill No. 1103" delete the Legislature is enacted into law, an amount not to exceed $100,000 the remainder of the line. of State General Fund (Direct) is hereby appropriated to fully fund the provisions of such Act, provided that such State General Fund (Direct) AMENDMENT NO. 7 monies shall be obtained through reductions of not less than $100,000 On page 19, line 26, after the period "." and before "Further", insert the effected by the commissioner of administration from the State General following: Fund (Direct) appropriations contained in any budget unit in Schedule 08. The secretary of the Department of Public Safety and Corrections "The commissioner of administration is hereby authorized and directed is directed to work with the office of risk management's "Return to to correct the means of financing and expenditures for any appropriation Work" Program so as to effect a similar amount of savings to offset any contained in Schedule 20-901 - Sales Tax Dedications to reflect the such reduction, and the commissioner of administration is further enactment of any law enacted by the 1999 Regular Session of the directed to distribute any such savings effected through the "Return to Legislature which affects any such means of financing or expenditure." Work" Program within the department to any budget units to minimize such reduction. Additionally, the secretary shall quarterly report to the AMENDMENT NO. 8 Joint Legislative Committee on the Budget on the implementation of On page 27, between lines 10 and 11, insert the following: these provisions and any savings effected through the "Return to Work" Program." "Payable out of the State General Fund (Direct) for expert witness and legal fees in the organ AMENDMENT NO. 16 allocation lawsuit $150,000 On page 120, between lines 18 and 19, insert the following: EXPENDITURES: "In the event that House Bill No. 925 of the 1999 Regular Session of Operating Expenses of the Louisiana Free-Net $500,000 the Legislature is enacted into law and implemented, the first $1,002,680 in savings which are determined to be directly attributable TOTAL EXPENDITURES $500,000 to that Act as determined by the Revenue Estimating Conference shall be used to the extent available to pay 100% of allowable costs to rural MEANS OF FINANCING: hospitals for outpatient services rendered to Medicaid eligible State General Fund (Direct) $150,000 recipients." State General Fund (Direct) from tobacco settlement revenues $350,000 AMENDMENT NO. 17 On page 123, at the end of line 17, change "198,584,910" to TOTAL MEANS OF FINANCING $500,000" "198,434,910" AMENDMENT NO. 9 AMENDMENT NO. 18 On page 30, between lines 7 and 8, insert the following: On page 126, line 20, change "220,294,652" to "220,144,652" "Payable out of the State General Fund by AMENDMENT NO. 19 Interagency Transfers from the Department of On page 126, line 22, change "48,672,019" to "48,522,019" Labor for operating expenses of the Workforce Development Commission $300,000" AMENDMENT NO. 20 On page 126, line 29, change "220,294,652" to "220,144,652" AMENDMENT NO. 10 On page 65, at the end of line 19, change "200,000" to "250,000" AMENDMENT NO. 21 On page 126, after line 49, insert the following: AMENDMENT NO. 11 On page 81, between lines 35 and 36, insert the following: "Provided, however, that of the State General Fund (Direct) appropriation contained herein the amount of $700,000 shall be "In the event that Senate Bill No. 1068 of the 1999 Regular Session of allocated as follows: LSU Medical Center - New Orleans, $99,500; the Legislature is enacted into law, the commissioner of administration LSU Medical Center - Shreveport Sickle Cell Center of Northern is hereby directed to reduce the State General Fund (Direct) Louisiana, $174,500; Tulane University Sickle Cell Center of Southern appropriations in the Office of Management and Finance Program in the Louisiana, $99,500; Acadian Sickle Cell Anemia Foundation, $49,500; amount of $1,922,000 for support of Special School District No. 2 as Baton Rouge Sickle Cell Anemia Foundation, $49,500; Northeast provided in such Act." Louisiana Sickle Cell Anemia Foundation, $49,500; Northwest Louisiana Sickle Cell Anemia Foundation, $49,500; Sickle Cell Anemia AMENDMENT NO. 12 Research Foundation, $49,500; Louisiana Association for Sickle Cell On page 84, between lines 20 and 21, insert the following: Anemia Foundation, $29,500; and Acadian Sickle Cell Anemia Rehabilitation and Education Program ( Lake Charles), $49,500." "Payable out of the State General Fund (Direct) for seven (7) positions and associated funding for AMENDMENT NO. 22 the Mental Health Transition Unit within the On page 149, delete lines 27 through 40 in their entirety Health Services Program at the Louisiana State Penitentiary $442,093" AMENDMENT NO. 23 On page 150, lines 22, change "86,411,754" to "84,811,754" AMENDMENT NO. 13 On page 87, line 6, change "$26.71" to "$27.58" AMENDMENT NO. 24 51st DAY'S PROCEEDINGS Page 61 SENATE June 21, 1999

On page 150, between lines 38 and 39, insert the following: AMENDMENT NO. 38 On page 177, at the end of line 6, change "18,439,688" to "Payable out of the State General Fund (Direct) "17,624,688" to Community Based Programs for a contract with Friends Helping Families for information AMENDMENT NO. 39 and referral services $150,000" On page 177, at the end of line 49, change "18,439,688" to "17,624,688" AMENDMENT NO. 25 On page 161, line 48, change "30,110,685" to "29,960,685" AMENDMENT NO. 40 On page 178, at the end of line 6, change "8,538,108" to "5,651,781" AMENDMENT NO. 26 On page 161, line 51, change "30,240,159" to "30,390,159" AMENDMENT NO. 41 On page 178, at the end of line 20, change "18,439,688" to AMENDMENT NO. 27 "17,624,688" On page 162, line 5, change "2,090,054" to "1,267,181" AMENDMENT NO. 42 AMENDMENT NO. 28 On page 178, between lines 38, and 39, insert the following: On page 162, line 15, change "2,090,054" to "1,267,181" "Payable out of the State General Fund by AMENDMENT NO. 29 Statutory Dedications from the Wildlife On page 162, line 19, change "1,965,054" to "1,142,181" Habitat and Natural Heritage Trust Fund to the Office of Wildlife for construction of a AMENDMENT NO. 30 boat launch and parking lot at the department's On page 162, line 20, change "2,090,054" to "1,267,181" Point au Chien Wildlife Management Area $150,000 AMENDMENT NO. 31 Payable out of the State General Fund by On page 162, between lines 22 and 23, insert the following: Statutory Dedications from the Louisiana Alligator Resource Fund to the Office of "Payable out of the State General Fund by Wildlife for additional marketing by the Fees and Self-generated revenues from prior Fur and Alligator Council $200,000 year collections, in the event that House Bill No. 1365 of the 1999 Regular Session of the Payable out of the State General Fund by Legislature is enacted into law $421,843" Statutory Dedications from the Louisiana Duck Stamp Fund to the Office of Wildlife for payment AMENDMENT NO. 32 to the U.S. Army Corps of Engineers for a cooperative On page 173, after line 49, insert the following: project on Catahoula Lake $77,000" "Provided, however, that of the federal funds appropriated herein the AMENDMENT NO. 43 amount of $300,000 shall be transferred to the Office of Lifelong On page 178, at the beginning of line 45, delete "Federal Funds" and Learning to support efforts to improve statewide employment training insert in lieu thereof the following: "State General Fund by Interagency programs and systems. Transfers" Provided, however, that of the funds appropriated herein the amount of AMENDMENT NO. 44 $100,000 shall be allocated for training associated with the National On page 188, line 24, change "11,000,000" to "16,500,000" Center for Advanced Manufacturing Planning, Construction and Equipment." AMENDMENT NO. 45 On page 188, delete lines 34 through 38 in their entirety AMENDMENT NO. 33 On page 175, at the end of line 41, change "13,994,629" to AMENDMENT NO. 46 "12,104,629" On page 215, delete lines 46 through 49 in their entirety, and on page 216, delete lines 1 through 38 in their entirety AMENDMENT NO. 34 On page 176, at the end of line 38, change "17,524,669" to AMENDMENT NO. 47 "15,634,669" On page 216, between lines 38 and 39, insert the following: AMENDMENT NO. 35 "Provided, however, that all salaries and job responsibilities of On page 176, at the end of line 42, change "14,066,861" to administrative staff of the Board of Supervisors of Community and "12,176,861" Technical Colleges shall be reported to the Joint Legislative Committee on the Budget not later than September 1, 1999." AMENDMENT NO. 36 On page 176, at the end of line 50, change "17,524,669" to AMENDMENT NO. 48 "15,634,669" On page 216, delete lines 42 and 43 in their entirety and insert in lieu thereof the following: AMENDMENT NO. 37 On page 177, between lines 3 and 4, insert the following: "the Board of Regents, with a report on the approved plan submitted to the Joint "Payable out of the State General Fund by Legislative Committee on the Budget $2,400,000" Statutory Dedications from the Saltwater Fishery Enforcement Fund, in the event Senate Bill No. AMENDMENT NO. 49 1038 of the 1999 Regular Session of the On page 288, between lines 30 and 31, insert the following: Legislature is enacted into law $1,890,000" Page 62 SENATE 51st DAY'S PROCEEDINGS June 21, 1999

"In the event that Senate Bill No. 1068 of the 1999 Regular Session of treasurer is hereby directed to effect such transfer in accordance with the the Legislature is enacted into law, the commissioner of administration provisions of such Act. is hereby directed to reduce the State General Fund (Direct) appropriations in the Minimum Foundation Program in the amount of Provided, however, that in the event House Bill No. 976 of the 1999 $936,913 for support of Special School District No. 2 as provided in Regular Session of the Legislature is enacted into law, the treasurer is such Act." hereby directed to transfer and distribute all funds remaining in the Shreveport Riverfront and Convention Center Fund to the Shreveport AMENDMENT NO. 50 Riverfront and Convention Center and Independence Stadium Fund." On page 290, after line 55, insert the following: AMENDMENT NO. 53 "EXPENDITURES: On page 309, at the end of line 23, change "200,000" to "400,000" Special School District No. 2 Instruction Authorized Positions (99), in the event that Respectfully submitted, Senate Bill No. 1068 of the 1999 Regular Session of the Legislature is enacted into law $2,858,913 Representatives: Senators: Jerry Luke LeBlanc John J. Hainkel, Jr. TOTAL EXPENDITURES $2,858,913 Hunt Downer Randy Ewing Charles DeWitt John L. Dardenne, Jr. MEANS OF FINANCE: State General Fund (Direct) $2,858,913 Rules Suspended TOTAL MEANS OF FINANCING $2,858,913" Senator Hainkel asked for and obtained a suspension of the rules for the purpose of considering the Conference Committee Report. On AMENDMENT NO. 51 motion of Senator Hainkel, a vote was taken on the adoption of the On page 303, delete lines 24 through 30 and insert in lieu thereof the report. following: "Provided, however, that the St. Tammany Parish Tourism Commission ROLL CALL and the St. Tammany Parish Economic and Industrial Development District may enter into a cooperative endeavor agreement with the East The roll was called with the following result: St. Tammany Convention Center to provide funding of not more than $350,000 for the East St. Tammany Convention Center." YEAS Mr. President Dean Jones AMENDMENT NO. 52 Bajoie Dyess Lambert On page 305, after line 47, insert the following: Barham Ellington Lentini Bean Fields C Robichaux "Payable out of the State General Fund by Boissiere Fields W Romero Statutory Dedications out of the Rapides Branch Greene Schedler Parish Coliseum Fund in accordance with Cain Hainkel Smith the provisions of R.S. 47:322.32 $75,000 Campbell Heitmeier Tarver Casanova Hines Theunissen Payable out of the State General Fund by Cox Hollis Thomas Statutory Dedications out of the Baker Economic Cravins Irons Ullo Development Fund, but only in the event House Dardenne Johnson Bill No. 2076 of the 1999 Regular Session of Total—35 the Legislature is enacted into law $45,000 NAYS Payable out of the State General Fund by Jordan Landry Malone Statutory Dedications out of the New Orleans Total—3 Area Tourism and Economic Development ABSENT Fund in accordance with R.S. 47:322.38, in the event Senate Bill No. 1108 of the 1999 Siracusa Regular Session of the Legislature is enacted into law $7,700,000 Total—1 The Chair declared the Conference Committee Report was Provided, however, that in the event House Bill No. 117 of the 1999 adopted. Senator Hainkel moved to reconsider the vote by which the Regular Session of the Legislature is enacted into law, the treasurer is hereby directed to transfer and distribute all funds remaining in the report was adopted and laid the motion on the table. Houma-Terrebonne Tourist Commission Fund to the Houma Area Convention and Visitors Bureau. CONFERENCE COMMITTEE REPORT Provided, however, that in the event House Bill No. 765 of the 1999 House Bill No. 2 By Representative Alario, et al. Regular Session of the Legislature is enacted into law, the treasurer is hereby directed to transfer and distribute all funds remaining in the June 21, 1999 Livingston Parish Tourism Improvement Fund to the Livingston Parish To the Honorable Speaker and Members of the House of Tourism and Economic Development Fund. Representatives and the Honorable President and Members of the Provided, however, that in the event that any legislation introduced in Senate. the 1999 Regular Session of the Legislature is enacted which provides for the transfer and distribution of funds remaining in the St. Tammany Ladies and Gentlemen: Parish Tourist Commission Fund to the St. Tammany Parish Fund, the 51st DAY'S PROCEEDINGS Page 63 SENATE June 21, 1999

We, the conferees appointed to confer over the disagreement AMENDMENT NO. 2 between the two houses concerning House Bill No. 2 by Representative On page 19, delete line 16, and insert the following: Alario, et al. recommend the following concerning the re-reengrossed bill: "Fund Surplus $582,799 Payable from State General Fund (Direct) $417,201 1. That Senate Committee Amendment Nos. 1 through 3, 5 through Total $1,000,000" 22, 24 through 35, 37 through 42, 44 through 50, 52 through 67, 69 through 97, 100, 101, 104, 106, 107, 110 through 112, 116 AMENDMENT NO. 3 through 133, 135 through 140, 142 through 156, 158 through On page 20, between lines 34 and 35, insert the following: 160, 162, 163, and 165 through 171, proposed by the Senate Committee on Revenue and Fiscal Affairs and adopted by the "(49) Bogue Chitto State Park, Land Acquisition, Senate on June 7, 1999, be adopted. Planning and Construction (Washington) 2. That Senate Committee Amendment Nos. 4, 23, 36, 43, 51, 68, Payable from State General Fund by Statutory 98, 99, 102, 103, 105, 108, 109, 113, 114, 115, 134, 141, 157, Dedications out of the Washington Parish 161, and 164, proposed by the Senate Committee on Revenue and Infrastructure and Park Fund $100,000 Fiscal Affairs and adopted by the Senate on June 7, 1999, be Payable from General Obligation Bonds rejected. Priority 2 $500,000 Priority 5 $2,300,000 3. That Senate Committee Amendment Nos. 1 through 5, 7 through Total $2,900,000 30, 35, 39, 40, 42, 43, 47, 49, and 56, proposed by the Senate Committee on Finance and adopted by the Senate on June 14, Provided, however, that the $100,000 appropriation provided 1999, be adopted. herein out of the Washington Parish Infrastructure and Park Fund shall become effective only upon the granting of a line of credit by 4. That Senate Committee Amendment Nos. 6, 31, 32, 33, 34, 36, the State Bond Commission for this project." 37, 38, 41, 44, 45, 46, 48, and 50 through 55 proposed by the Senate Committee on Finance and adopted by the Senate on June AMENDMENT NO. 4 14, 1999, be rejected. On page 47, between lines 20 and 21, insert the following: 5. That the Senate Floor Amendment proposed by Senator Robichaux "Payable from Fees and Self-Generated Revenues $175,000" and adopted by the Senate on June 15, 1999, be rejected. AMENDMENT NO. 5 6. That the Senate Floor Amendment of the set of 1 proposed by On page 47, line 24, change "$410,000" to "$585,000" Senator Barham and adopted by the Senate on June 15, 1999, be rejected. AMENDMENT NO. 6 On page 58, between lines 34 and 35, insert the following: 7. That Amendment Nos. 1, 2, 3, 4, 5, 6, and 8 of the set of Senate Floor Amendments proposed by Senator Hainkel and adopted by "(465) Telephone Cable and Switch Upgrade, the Senate on June 15, 1999, be adopted. Planning and Construction (Lafourche) 8. That Amendment No. 7 of the set of Senate Floor Amendments Payable from General Obligation Bonds proposed by Senator Hainkel and adopted by the Senate on June Priority 2 $200,000 15, 1999, be rejected. Priority 5 $1,000,000 Total $1,200,000" 9. That the Senate Floor Amendment proposed by Senator Lambert and adopted by the Senate on June 15, 1999, be adopted. AMENDMENT NO. 7 On page 64, between lines 6 and 7, insert the following: 10. That Amendment Nos. 1 through 5, 7 through 13, and 15 through 18 of the set of 18 of Senate Floor Amendments proposed by "(490) Life Safety Renovations Senator Barham and adopted by the Senate on June 15, 1999, be to Center for Workforce Development, adopted. Planning and Construction (Orleans) 11. That Amendment Nos. 6 and 14 of the set of 18 of Senate Floor Payable from General Obligation Bonds Amendments proposed by Senator Barham and adopted by the Priority 2 $625,000 Senate on June 15, 1999, be rejected. Provided, however, that funding for this project may be substituted with 12. That Senate Floor Amendments of the set of 2 proposed by Senator funding received from the Louisiana Asbestos Detection and Abatement Barham and adopted by the Senate on June 15, 1999, be adopted. Fund." 13. That the Senate Floor Amendment proposed by Senator AMENDMENT NO. 8 Theunissen and adopted by the Senate on June 15, 1999, be On page 64, delete lines 22 and 23, and insert the following: adopted. "Priority 5 $2,530,000 14. That the following amendments to the re-reengrossed bill be Total $2,730,000" adopted: AMENDMENT NO. 9 AMENDMENT NO. 1 On page 70, between lines 39 and 40, insert "(Local Match Required)" On page 15, delete line 14, and insert the following: AMENDMENT NO. 10 "Fund Surplus $1,500,000 On page 72, between lines 31 and 32, insert "(Local Match Required)" Payable from State General Fund (Direct) $500,000" Page 64 SENATE 51st DAY'S PROCEEDINGS June 21, 1999

AMENDMENT NO. 11 AMENDMENT NO. 24 On page 73, between lines 20 and 21, insert the following: On page 83, after line 41, insert the following: "( ) Life Safety Code Renovations "( ) Infrastructure Improvements for Distribution (Assumption) Center for the Purpose of Economic Development Payable from State General Fund (Direct) $100,000" Efforts in Tangipahoa Parish, Including Acquisition of Land, Engineering, Planning, AMENDMENT NO. 12 Site Improvements and Construction and On page 74, between lines 34 and 35, insert "(Local Match Required)" Improvements to State Road 3158 (Airport Road) (Tangipahoa) AMENDMENT NO. 13 Payable from General Obligation Bonds On page 74, delete lines 36 and 37, and insert the following: Priority 2 $500,000 Priority 5 $4,000,000 "Payable from State General Fund (Direct) $189,000" Total $4,500,000" AMENDMENT NO. 14 AMENDMENT NO. 25 On page 75, delete lines 12 and 13, and insert the following: On page 85, between lines 10 and 11, insert "(Local Match Required)" "Payable from State General Fund (Direct) $47,500" AMENDMENT NO. 26 On page 85, delete lines 12 and 13, and insert the following: AMENDMENT NO. 15 On page 75, between lines 28 and 29 insert "(Local Match Required)" "Payable from State General Fund (Direct) $60,000" AMENDMENT NO. 16 AMENDMENT NO. 27 On page 76, between lines 14 and 15, insert the following: On page 85, between lines 18 and 19, insert "(Local Match Required)" "50/J19 EAST FELICIANA AMENDMENT NO. 28 On page 85, delete lines 20 and 21, and insert the following: ( ) Republic of West Florida Historical Association, Inc., Acquisition of "Payable from State General Fund (Direct) $45,000" Buildings (East Feliciana) AMENDMENT NO. 29 Payable from State General Fund (Direct) $75,000" On page 85, after line 37, insert the following: AMENDMENT NO. 17 "50/M02 ABITA SPRINGS On page 76, between lines 17 and 18, insert "(Local Match Required)" ( ) Move Natural Gas Line Located Along AMENDMENT NO. 18 Highway 36 On page 76, delete lines 19 and 20, insert the following: (Local Match Required) (St. Tammany) "Payable from State General Fund (Direct) $400,000" Payable from State General Fund (Direct) $100,000" AMENDMENT NO. 19 AMENDMENT NO. 30 On page 76, delete lines 37 and 38, and insert the following: On page 88, between lines 3 and 4, insert "(Local Match Required)" "Priority 2 $ 200,000 AMENDMENT NO. 31 Priority 5 $1,535,000" On page 88, delete lines 5 and 6, and insert the following: AMENDMENT NO. 20 "Payable from State General Fund (Direct) $45,000" On page 78, between lines 25 and 26, insert "(Local Match Required)" AMENDMENT NO. 32 AMENDMENT NO. 21 On page 89, delete lines 5 and 6, and insert the following: On page 78, delete line 28, and insert the following: "Payable from State General Fund (Direct) $150,000" "Fund Surplus $275,000 Payable from State General Fund (Direct) $275,000 AMENDMENT NO. 33 Total $550,000" On page 89, delete line 20 AMENDMENT NO. 22 AMENDMENT NO. 34 On page 78, after line 46, insert the following: On page 89, delete lines 22 and 23, and insert the following: "( ) West Bank Civic Center, "Payable from State General Fund (Direct) $210,840" Planning, Construction and Land Acquisition AMENDMENT NO. 35 (Jefferson) On page 89, between lines 23 and 24, insert the following: Payable from State General Fund (Direct) $75,000" "50/MA6 GRAMBLING AMENDMENT NO. 23 On page 80, delete lines 19 and 20, and insert the following: (706) Acquisition of Fire Truck Which Has Sufficient Ladder Capacity to Evacuate "Payable from State General Fund (Direct) $75,000" Any Dormitory Building at Grambling 51st DAY'S PROCEEDINGS Page 65 SENATE June 21, 1999

State University On page 95, line 22, after "Gilbert" and before "Playground" insert (Lincoln) "/Cuccia Byrnes" Payable from State General Fund (Direct) $150,000" AMENDMENT NO. 50 AMENDMENT NO. 36 On page 95, between lines 23 and 24, insert "($50,000 Local Match)" On page 90, between lines 11 and 12, insert "($600,000 Local Match)" AMENDMENT NO. 51 AMENDMENT NO. 37 On page 95, delete lines 27 and 28, and insert the following: On page 90, between lines 37 and 38, insert "(Local Match Required)" "Priority 5 $325,000 AMENDMENT NO. 38 Total $350,000" On page 90, delete lines 39 and 40, and insert the following: AMENDMENT NO. 52 "Payable from State General Fund (Direct) $75,000" On page 95, between lines 30 and 31, insert "(Local Match Required)" AMENDMENT NO. 39 AMENDMENT NO. 53 On page 91, between lines 2 and 3, insert "(Local Match Required)" On page 96, delete lines 25 and 26, and insert the following: AMENDMENT NO. 40 "Payable from State General Fund (Direct) $200,000" On page 92, delete lines 6 through 8, and insert the following: AMENDMENT NO. 54 "($831,747 Local Match) On page 98, between lines 24 and 25, insert the following: (Ouachita) Payable from State General Fund from "50/MT3 TALLULAH Tobacco Settlement Revenues $250,000 Payable from General Obligation Bonds ( ) For Economic Development Purposes Priority 2 $500,000 (Local Match Required) Total $750,000" (Madison) Payable from State General Fund (Direct) $25,000" AMENDMENT NO. 41 On page 92, between lines 13 and 14, insert "($1,750,000 Local AMENDMENT NO. 55 Match)" On page 99, between lines 10 and 11, insert "(Local Match Required)" AMENDMENT NO. 42 AMENDMENT NO. 56 On page 92, delete lines 17 and 18, and insert the following: On page 99, delete lines 12 and 13, and insert the following: "Priority 5 $1,450,000 "Payable from State General Fund (Direct) $10,000" Total $1,750,000" AMENDMENT NO. 57 AMENDMENT NO. 43 On page 99, delete lines 25 and 26, and insert the following: On page 92, after line 45, insert the following: "Payable from State General Fund (Direct) $300,000" "( ) Renovation of Building for Environmental and Educational Center at Black Bayou Lake AMENDMENT NO. 58 National Wildlife Refuge, Planning On page 100, delete lines 4 through 9, and insert the following: and Construction (Ouachita) "Payable from State General Fund (Direct) $500,000" Payable from the balance of State General Fund cash previously allocated under the authority of Act 479 AMENDMENT NO. 59 of 1997 for Northeast Louisiana University Underground On page 100, between lines 12 and 13, insert the following: Electrical Loop Repairs, Construction $60,000" AMENDMENT NO. 44 "( ) Sala Avenue Restoration Building On page 93, between lines 9 and 10, insert "(Local Match Required)" Renovation, Planning, Construction and Land Acquisition AMENDMENT NO. 45 (Jefferson) On page 93, between lines 25 and 26, insert "(Local Match Required)" Payable from State General Fund (Direct) $300,000" AMENDMENT NO. 46 AMENDMENT NO. 60 On page 94, between lines 2 and 3, insert "(Local Match Required)" On page 101, between lines 26 and 27, insert the following: AMENDMENT NO. 47 "( ) Ernest N. Morial Convention Center, On page 95, between lines 7 and 8, insert "($447,500 Local Match)" Phase 4 Expansion, Planning, Development and Construction AMENDMENT NO. 48 (Local Match Required) On page 95, delete lines 11 and 12, and insert the following: (Orleans) Payable from General Obligation Bonds "Priority 5 $317,500 Priority 2 $400,000" Total $447,500" AMENDMENT NO. 61 AMENDMENT NO. 49 On page 105, between lines 41 and 42, insert "(Local Match Required)" Page 66 SENATE 51st DAY'S PROCEEDINGS June 21, 1999

AMENDMENT NO. 62 Casanova Hines Smith On page 105, delete lines 43 and 44, and insert the following: Cox Hollis Tarver Cravins Irons Thomas "Payable from State General Fund (Direct) $160,000" Dardenne Jones Ullo Total—36 AMENDMENT NO. 63 NAYS On page 110, between lines 33 and 34, insert "(Local Match Required)" Total—0 AMENDMENT NO. 64 ABSENT On page 111, between lines 13 and 14, insert "(Local Match Required)" Johnson Siracusa Theunissen AMENDMENT NO. 65 Total—3 On page 111, delete lines 16 and 17, and insert the following: The Chair declared the Conference Committee Report was "Priority 3 $553,000" adopted. Senator Barham moved to reconsider the vote by which the report was adopted and laid the motion on the table. AMENDMENT NO. 66 On page 112, between lines 28 and 29, insert the following: Senator Barham in the Chair "The state may accept in satisfaction, in whole or in part, of any local match requirement for any project funded in this Act, except for parish CONFERENCE COMMITTEE REPORT jails as otherwise provided herein, cash, land, or other property unless House Bill No. HB1784 By Representative McMains a specific match requirement is provided for such project." June 20, 1999 AMENDMENT NO. 67 On page 118, line 15, after "Program" delete the remainder of the line, To the Honorable Speaker and Members of the House of and at the beginning of line 16, delete "Development" and the comma Representatives and the Honorable President and Members of the "," Senate. AMENDMENT NO. 68 Ladies and Gentlemen: On page 120, line 28, after "Bonds" delete the remainder of the line, and on page 121 delete line 1, and at the beginning of line 2, delete We, the conferees appointed to confer over the disagreement "executed, whichever occurs first" between the two houses concerning House Bill No. HB1784 by Representative McMains, recommend the following concerning the Respectfully submitted, engrossed bill: Representatives: Senators: 1. That the Senate Floor Amendment proposed by Senator Landry John A. Alario, Jr. Robert J. Barham and adopted by the Senate on June 15, 1999, be rejected. Hunt Downer John J. Hainkel, Jr. Jerry L. LeBlanc Randy L. Ewing Respectfully submitted, Rules Suspended Representatives: Senators: F. Charles McMains, Jr. John Hainkel Senator Barham asked for and obtained a suspension of the rules Charles W. DeWitt, Jr. Chris Ullo for the purpose of considering the Conference Committee Report. Gregory L. Fruge Motion Rules Suspended Senator Ellington moved the previous question on the entire Senator Hainkel asked for and obtained a suspension of the rules subject matter. for the purpose of considering the Conference Committee Report. Without objection, so ordered. Motion On motion of Senator Barham, a vote was taken on the adoption Senator Hainkel moved that the Conference Committee Report be of the report. adopted. ROLL CALL Senator Landry moved as a substitute motion that the Conference Committee Report be recommitted to the Conference Committee. The roll was called with the following result: Senator Hainkel objected. YEAS Rules Suspended Mr. President Dean Jordan Bajoie Dyess Lambert Senator C. Fields asked for a suspension of the rules for the Barham Ellington Landry purpose of granting the speaker an additional 2 minutes. Bean Fields C Lentini Boissiere Fields W Malone Senator Bajoie objected. Branch Greene Robichaux Cain Hainkel Romero Campbell Heitmeier Schedler 51st DAY'S PROCEEDINGS Page 67 SENATE June 21, 1999

ROLL CALL Motion The roll was called with the following result: Senator Bajoie moved the previous question on the entire subject matter. YEAS Senator Landry objected. Barham Fields W Malone Branch Greene Robichaux ROLL CALL Cain Hines Schedler Campbell Hollis Smith The roll was called with the following result: Casanova Johnson Tarver Cox Jones Thomas YEAS Cravins Jordan Ullo Dyess Landry Bajoie Ellington Malone Fields C Lentini Barham Greene Romero Total—25 Bean Hainkel Schedler NAYS Boissiere Heitmeier Smith Branch Hollis Tarver Bajoie Ellington Romero Cain Irons Theunissen Bean Hainkel Theunissen Dardenne Jones Thomas Boissiere Heitmeier Dyess Lambert Ullo Dean Irons Total—24 Total—10 NAYS ABSENT Campbell Fields W Landry Mr. President Lambert Cravins Hines Lentini Dardenne Siracusa Dean Johnson Robichaux Total—4 Fields C Jordan Total—11 The Chair declared the rules were suspended and the speaker was ABSENT granted an additional 2 minutes. Mr. President Cox Rules Suspended Casanova Siracusa Total—4 Senator Jordan asked for a suspension of the rules for the purpose of granting the speaker an additional 2 minutes. The Chair declared the previous question was called on the entire subject matter. Senator Hainkel objected. Rules Suspended ROLL CALL Senator Cox asked for a suspension of the rules for the purpose of The roll was called with the following result: granting the speaker an additional 2 minutes. YEAS Senator Hainkel objected. Barham Ellington Jordan ROLL CALL Bean Fields C Landry Campbell Fields W Lentini The roll was called with the following result: Cox Greene Malone Cravins Hines Robichaux YEAS Dardenne Johnson Schedler Dyess Jones Barham Fields W Landry Total—20 Casanova Heitmeier Lentini NAYS Cox Hines Robichaux Cravins Irons Schedler Bajoie Hainkel Romero Dardenne Johnson Tarver Boissiere Heitmeier Smith Dyess Jones Ullo Branch Hollis Tarver Ellington Jordan Cain Irons Theunissen Fields C Lambert Dean Lambert Thomas Total—22 Total—15 NAYS ABSENT Bean Dean Romero Mr. President Siracusa Boissiere Greene Smith Casanova Ullo Branch Hainkel Theunissen Total—4 Cain Hollis Thomas Campbell Malone The Chair declared the rules were suspended and the speaker was Total—14 granted an additional 2 minutes. ABSENT Page 68 SENATE 51st DAY'S PROCEEDINGS June 21, 1999

Mr. President Bajoie Siracusa June 20, 1999 Total—3 To the Honorable Speaker and Members of the House of The Chair declared the rules were suspended and the speaker was Representatives and the Honorable President and Members of the granted an additional 2 minutes. Senate. ROLL CALL Ladies and Gentlemen: The roll was called on the substitute motion with the following We, the conferees appointed to confer over result: the disagreement between the two houses concerning House Bill No. HB 886 by Representatives Murray, et al., recommend the following YEAS concerning the reengrossed bill: Bajoie Fields W Lambert 1. That all Senate Committee Amendments Campbell Greene Landry proposed by the Senate Committee on Cox Hines Robichaux Conmmerce and Consumer Protection Dyess Jones and adopted by the Senate on June 3, Fields C Jordan 1999, be adopted. Total—13 NAYS 2. That Senate Floor Amendments 1 through 8 proposed by Senator Landry Mr. President Dean Malone and adopted by the Senate on June 8, Barham Ellington Romero 1999, be rejected. Boissiere Hainkel Schedler Branch Heitmeier Smith Respectfully submitted, Cain Hollis Theunissen Casanova Irons Thomas Representatives: Senators: Cravins Johnson Ullo Edwin R. Murray J. Ken Hollis Dardenne Lentini Joseph F. Toomy J. "Tom" Schedler Total—23 C.E. "Peppi" Bruneau, Jr. Wilson E. Fields ABSENT Rules Suspended Bean Siracusa Tarver Total—3 Senator Hollis asked for and obtained a suspension of the rules for the purpose of considering the Conference The Chair declared the bill was Senate Committee Report. On motion of Senator Hollis, a vote was taken on refused to recommit the bill to the Conference Committee. the adoption of the report. ROLL CALL ROLL CALL The roll was called on the original motion The roll was called with the following to adopt with the following result: result: YEAS YEAS Mr. President Dean Malone Mr. President Dardenne Lambert Barham Ellington Romero Bajoie Dyess Landry Bean Hainkel Schedler Barham Ellington Lentini Boissiere Heitmeier Smith Bean Fields C Malone Branch Hines Theunissen Boissiere Greene Robichaux Cain Hollis Thomas Branch Hainkel Romero Casanova Irons Ullo Cain Heitmeier Smith Cravins Johnson Campbell Hollis Tarver Dardenne Lentini Casanova Irons Theunissen Total—25 Cox Johnson Thomas NAYS Cravins Jones Ullo Total—33 Bajoie Fields C Lambert NAYS Campbell Fields W Landry Cox Greene Robichaux Dean Jordan Schedler Dyess Jones Total—3 Total—11 ABSENT ABSENT Fields W Hines Siracusa Jordan Siracusa Tarver Total—3 Total—3 The Chair declared the Conference Committee Report was CONFERENCE COMMITTEE REPORT adopted. Senator Hollis moved to reconsider the vote by which the House Bill No. HB 886 By Representatives Murray, et al. report was adopted and laid the motion on the table. 51st DAY'S PROCEEDINGS Page 69 SENATE June 21, 1999

CONFERENCE COMMITTEE REPORT ROLL CALL House Bill No. 2027 By Representative LeBlanc The roll was called with the following result: June 21, 1999 YEAS To the Honorable Speaker and Members of the House of Mr. President Dean Jones Representatives and the Honorable President and Members of the Bajoie Dyess Lambert Senate. Barham Ellington Lentini Bean Fields C Malone Ladies and Gentlemen: Boissiere Fields W Romero Branch Greene Schedler We, the conferees appointed to confer over the disagreement Cain Hainkel Smith between the two houses concerning House Bill No. 2027 by Campbell Heitmeier Tarver Representative LeBlanc, recommend the following concerning the Casanova Hines Theunissen reengrossed bill: Cox Hollis Thomas Cravins Irons Ullo 1. That Senate Committee Amendments Nos. 2 through 6 proposed Dardenne Johnson by the Senate Committee on Finance and adopted by the Senate on Total—35 June 14, 1999, be adopted. NAYS 2. That Senate Committee Amendment Nos. 1, 7, 8, 9 proposed by Jordan Landry the Senate Committee on Finance and adopted by the Senate on Total—2 June 14, 1999, be rejected. ABSENT 3. That Senate Floor Amendment No. 2 of the set of two Robichaux Siracusa amendments proposed by Senator Hainkel and adopted by the Total—2 Senate on June 15, 1999, be adopted. The Chair declared the Conference Committee Report was 4. That Senate Floor Amendment No. 1 of the set of two adopted. Senator Hainkel moved to reconsider the vote by which the amendments proposed by Senator Hainkel and adopted by the report was adopted and laid the motion on the table. Senate on June 15, 1999, be rejected. CONFERENCE COMMITTEE REPORT 5. That the following amendments to the reengrossed bill be adopted: House Bill No. 504 By Representative Windhorst AMENDMENT NO. 1 On page 1, delete lines 8 and 9 in their entirety and insert in lieu thereof June 21, 1999 the following: To the Honorable Speaker and Members of the House of "Section 1. The sum of Seven Million Nine Hundred Twenty Representatives and the Honorable President and Members of the Thousand One Hundred Six and No/100 ($7,920,106.00) Dollars is Senate. hereby appropriated out of" Ladies and Gentlemen: AMENDMENT NO. 2 On page 1, line 13, after "Cost Fund," and before "and the sum" insert We, the conferees appointed to confer over the disagreement the following: between the two houses concerning House Bill No. 504 by Representative Windhorst, recommend the following concerning the "the sum of One Thousand Three Hundred and No/100 ($1,300.00) reengrossed bill: Dollars is hereby appropriated out of the State General Fund by Statutory Dedications from the Vermilion Parish Enterprise Fund," 1. That the Senate Committee Amendments proposed by the Senate Committee on Judiciary B and adopted by the Senate on May 26, AMENDMENT NO. 3 1999, be rejected. On page 5, delete lines 6 through 10 in their entirety 2. That the following amendments to the reengrossed bill be adopted: Respectfully submitted, AMENDMENT NO. 1 Representatives: Senators: On page 2, line 24, after "except" change "the" to "that the" Jerry Luke LeBlanc John Joseph Hainkel, Jr. Hunt Downer John L. Dardenne, Jr. AMENDMENT NO. 2 Charles W. DeWitt, Jr. Jesse Kendrick Hollis, Jr. On page 2, line 25, after "police" and before the period "." insert "shall cease to exist on December 31, 1999, or when the Department of Rules Suspended Revenue, office of charitable gaming assumes regulatory authority of charitable gaming, whichever is sooner" Senator Hainkel asked for and obtained a suspension of the rules for the purpose of considering the Conference Committee Report. On Respectfully submitted, motion of Senator Hainkel, a vote was taken on the adoption of the report. Representatives: Senators: Stephen J. Windhorst J. Lomax "Max" Jordan, Jr. Joe R. Salter Noble Edward Ellington Thomas R. "Tommy" Wright Francis C. Heitmeier Page 70 SENATE 51st DAY'S PROCEEDINGS June 21, 1999

Rules Suspended Respectfully submitted, Senator Jordan asked for and obtained a suspension of the rules for Representatives: Senators: the purpose of considering the Conference Committee Report. On Diane Winston John Hainkel, Jr. motion of Senator Jordan, a vote was taken on the adoption of the Jerry Luke LeBlanc Diana Bajoie report. Jay Dardenne ROLL CALL Rules Suspended The roll was called with the following result: Senator Hainkel asked for and obtained a suspension of the rules for the purpose of considering the Conference Committee Report. On YEAS motion of Senator Hainkel, a vote was taken on the adoption of the report. Mr. President Dean Jordan Bajoie Dyess Landry ROLL CALL Barham Ellington Lentini Bean Fields C Malone The roll was called with the following result: Boissiere Fields W Romero Branch Greene Schedler YEAS Cain Hainkel Smith Campbell Heitmeier Tarver Bajoie Dyess Lambert Casanova Hollis Theunissen Barham Ellington Landry Cox Irons Ullo Bean Fields C Lentini Cravins Johnson Boissiere Fields W Malone Dardenne Jones Branch Greene Romero Total—34 Cain Heitmeier Schedler NAYS Campbell Hines Smith Casanova Hollis Tarver Total—0 Cox Irons Theunissen ABSENT Cravins Johnson Thomas Dardenne Jones Ullo Hines Robichaux Thomas Dean Jordan Lambert Siracusa Total—35 Total—5 NAYS The Chair declared the Conference Committee Report was Total—0 adopted. Senator Jordan moved to reconsider the vote by which the ABSENT report was adopted and laid the motion on the table. Mr. President Robichaux CONFERENCE COMMITTEE REPORT Hainkel Siracusa Total—4 House Bill No. HB1187 By Representative Winston, et al. The Chair declared the Conference Committee Report was June 20, 1999 adopted. Senator Hainkel moved to reconsider the vote by which the report was adopted and laid the motion on the table. To the Honorable Speaker and Members of the House of Representatives and the Honorable President and Members of the CONFERENCE COMMITTEE REPORT Senate. House Bill No. 743 By Representative Crane Ladies and Gentlemen: June 20, 1999 We, the conferees appointed to confer over the disagreement between the two houses concerning House Bill No. HB1187 by To the Honorable Speaker and Members of the House of Representative Winston, et al., recommend the following concerning the Representatives and the Honorable President and Members of the reengrossed bill: Senate. 1. That all Senate Committee Amendments proposed by the Senate Ladies and Gentlemen: Committee on Finance and adopted by the Senate on June 16, 1999, be adopted. We, the conferees appointed to confer over the disagreement between the two houses concerning House Bill No. 743 by 2. That the following amendments to the reengrossed bill be adopted: Representative Crane, recommend the following concerning the reengrossed bill: AMENDMENT NO. 1 On page 1, line 5, after "grounds;", insert "to provide a preference for 1. That Senate Committee Amendments Nos. 1 through 3, proposed works of art of Louisiana artists;" by the Senate Committee on Judiciary C and adopted by the Senate on June 9, 1999, be adopted. AMENDMENT NO. 2 On page 4, at the end of line 16, insert "When selecting such works of Respectfully submitted, art, preference shall be given to works of art of Louisiana artists." Representatives: Senators: 51st DAY'S PROCEEDINGS Page 71 SENATE June 21, 1999

Carl Crane J. Lomax Jordan, Jr. Respectfully submitted, Stephen J. Windhorst Arthur J. "Art" Lentini Warren Triche Representatives: Senators: Carl Crane John Hainkel, Jr. Rules Suspended Jerry Luke LeBlanc Jay Dardenne Warren Triche Senator Jordan asked for and obtained a suspension of the rules for the purpose of considering the Conference Committee Report. On Rules Suspended motion of Senator Jordan, a vote was taken on the adoption of the report. Senator Dardenne asked for and obtained a suspension of the rules for the purpose of considering the Conference Committee Report. On ROLL CALL motion of Senator Dardenne, a vote was taken on the adoption of the report. The roll was called with the following result: ROLL CALL YEAS The roll was called with the following result: Bajoie Dyess Lambert Barham Ellington Landry YEAS Bean Fields C Lentini Boissiere Fields W Malone Bajoie Dyess Landry Branch Greene Romero Barham Ellington Lentini Cain Hainkel Schedler Bean Fields C Malone Campbell Heitmeier Smith Boissiere Fields W Romero Casanova Hollis Tarver Branch Greene Schedler Cox Irons Theunissen Cain Heitmeier Smith Cravins Johnson Thomas Campbell Hollis Tarver Dardenne Jones Ullo Casanova Irons Theunissen Dean Jordan Cox Johnson Thomas Total—35 Cravins Jones Ullo NAYS Dardenne Jordan Dean Lambert Total—0 Total—34 ABSENT NAYS Mr. President Robichaux Total—0 Hines Siracusa ABSENT Total—4 Mr. President Hines Siracusa The Chair declared the Conference Committee Report was Hainkel Robichaux adopted. Senator Jordan moved to reconsider the vote by which the Total—5 report was adopted and laid the motion on the table. The Chair declared the Conference Committee Report was CONFERENCE COMMITTEE REPORT adopted. Senator Dardenne moved to reconsider the vote by which the report was adopted and laid the motion on the table. House Bill No. HB1424 By Representative Crane, et al. CONFERENCE COMMITTEE REPORT June 20, 1999 House Bill No. HB 2230 By Representatives Damico, et al To the Honorable Speaker and Members of the House of Representatives and the Honorable President and Members of the June 19, 1999 Senate. To the Honorable Speaker and Members of the House of Ladies and Gentlemen: Representatives and the Honorable President and Members of the Senate. We, the conferees appointed to confer over the disagreement between the two houses concerning House Bill No. HB1424 by Ladies and Gentlemen: Representative Crane, et al., recommend the following concerning the engrossed bill: We, the conferees appointed to confer over the disagreement between the two houses concerning House Bill No. HB 2230 by 1. That Senate Floor Amendment No. 1 proposed by Senator Jordan Representatives Damico, et al, recommend the following concerning the and adopted by the Senate on June 15, 1999 be rejected. reengrossed bill: 2. That the following amendment to the engrossed bill be adopted: 1. That Senate Committee Amendment No. 1, proposed by the Senate Committee on Environmental Quality and adopted by the On page 1, delete lines 9 through 12 and insert in lieu thereof: "In Senate on June 10, 1999, be adopted. any civil proceeding, no state agency shall be obliged by subpoena to provide any document, record, or any other item for which 2. That Senate Committee Amendment No. 2, proposed by the reasonable cost or fee has not been paid." Senate Committee on Environmental Quality and adopted by the Senate on June 10, 1999, be rejected. Page 72 SENATE 51st DAY'S PROCEEDINGS June 21, 1999

Respectfully submitted, 3. That Senate Floor Amendment No. 6 proposed by Senator Ellington and adopted by the Senate on June 14, 1999 be rejected. Representatives: Senators: N. J. Damico Louis J. Lambert 4. That the following amendments to the reengrossed bill be adopted. Daniel Martiny Max Malone Melvin Holden Ronald Bean AMENDMENT NO. 1 On page 6, between lines 23 and 24, insert the following: Rules Suspended "§81. Issuance of permits to certain persons furnishing services or Senator Malone asked for and obtained a suspension of the rules goods for the purpose of considering the Conference Committee Report. On * * * motion of Senator Malone, a vote was taken on the adoption of the C. In addition to issuing permits as provided in R.S. 27:82 and 83 report. and Subsection A of this Section, the division shall issue a permit to any person who provides maritime crew, staff, or maritime services, including consulting services involving maritime issues, directly related ROLL CALL to the maintenance and operation of a riverboat. The person, or if the person is a corporation or firm, an officer of the corporation or firm The roll was called with the following result: furnishing such crew or such maritime services shall possess, as a minimum, credentials equivalent to those required by the United States YEAS Coast Guard to be licensed as a master, chief engineer, or pilot. Any Bajoie Dyess Landry person offering to provide maritime crew, staff, or such direct maritime Barham Ellington Lentini services after October 1, 1999, shall be issued a permit in accordance Bean Fields C Malone with the provisions of this Subsection prior to providing such crew, Boissiere Fields W Romero staff, or maritime services to a riverboat. The provisions of this Branch Greene Schedler Subsection do not apply to any individual who is an employee of the Cain Heitmeier Smith riverboat licensee for whom such services are performed. Persons Campbell Hollis Tarver required to obtain a permit to provide other services including janitorial, Casanova Irons Theunissen marine architectural, engineering and construction, and dredging shall Cox Johnson Thomas obtain a permit for such services as otherwise provided for in this Cravins Jones Ullo Chapter. Dardenne Jordan * * *" Dean Lambert Total—34 Respectfully submitted, NAYS Representatives: Senators: Total—0 Audrey A. McCain Noble E. Ellington Stephen J. Windhorst John L. "Jay" Dardenne, Jr. ABSENT Billy W. Montgomery Jesse Kendrick "Ken" Hollis, Jr. Mr. President Hines Siracusa Hainkel Robichaux Rules Suspended Total—5 Senator Ellington asked for and obtained a suspension of the rules The Chair declared the Conference Committee Report was for the purpose of considering the Conference Committee Report. On adopted. Senator Malone moved to reconsider the vote by which the motion of Senator Ellington, a vote was taken on the adoption of the report was adopted and laid the motion on the table. report. CONFERENCE COMMITTEE REPORT ROLL CALL House Bill No. 792 By Representative McCain The roll was called with the following result: June 21, 1999 YEAS To the Honorable Speaker and Members of the House of Bajoie Ellington Lambert Representatives and the Honorable President and Members of the Barham Fields C Landry Senate. Bean Fields W Lentini Boissiere Greene Malone Ladies and Gentlemen: Branch Hainkel Romero Campbell Heitmeier Schedler We, the conferees appointed to confer over the disagreement Casanova Hollis Smith between the two houses concerning House Bill No. 792 by Cox Irons Tarver Representative McCain, recommend the following concerning the Cravins Johnson Theunissen reengrossed bill: Dardenne Jones Thomas Dyess Jordan Ullo 1. That Senate Committee Amendments Nos. 1 through 3 proposed Total—33 by the Senate Committee on Judiciary B and adopted by the Senate NAYS on June 8, 1999 be adopted. Cain Dean 2. That Senate Floor Amendments Nos. 1 through 5 proposed by Total—2 Senator Ellington and adopted by the Senate on June 14, 1999 be ABSENT adopted. 51st DAY'S PROCEEDINGS Page 73 SENATE June 21, 1999

Mr. President Robichaux Total—0 Hines Siracusa ABSENT Total—4 Mr. President Hines Siracusa The Chair declared the Conference Committee Report was Total—3 adopted. Senator Ellington moved to reconsider the vote by which the report was adopted and laid the motion on the table. The Chair declared the Conference Committee Report was adopted. Senator Ellington moved to reconsider the vote by which the CONFERENCE COMMITTEE REPORT report was adopted and laid the motion on the table. House Bill No. 2265 By Representative Wiggins CONFERENCE COMMITTEE REPORT June 20, 1999 House Bill No. 1242 By Representative Holden To the Honorable Speaker and Members of the House of June 20, 1999 Representatives and the Honorable President and Members of the Senate. To the Honorable Speaker and Members of the House of Representatives and the Honorable President and Members of the Ladies and Gentlemen: Senate. We, the conferees appointed to confer over the disagreement Ladies and Gentlemen: between the two houses concerning House Bill No. 2265 by Representative Wiggins, recommend the following concerning the We, the conferees appointed to confer over the disagreement engrossed bill: between the two houses concerning House Bill No. 1242 by Representative holden, recommend the following concerning the 1. That Senate Floor Amendments proposed by Senator Ellington and engrossed bill: adopted by the Senate on June 14, 1999, be rejected. 1. That Senate Floor Amendment No. 1 proposed by Senator Hainkel 2. That the following amendment to the engrossed bill be adopted: and adopted by the Senate on June 16, 1999, be rejected. AMENDMENT NO. 1 2. That Senate Floor Amendments Nos. 2 through 6 proposed by On page 2, line 2, after "program" delete the remainder of the line and Senator Hainkel and adopted by the Senate on June 16, 1999, be insert in lieu thereof the following: "in public elementary and secondary adopted. schools and shall make the program available to nonpublic elementary and secondary schools." 3. That the following amendments to the engrossed bill be adopted: Respectfully submitted, AMENDMENT NO. 1 On page 6, at the end of line 12, change "three" to "ten" Representatives: Senators: Randy Wiggins Noble E. Ellington AMENDMENT NO. 2 Charles McDonald J. Lomax Jordan, Jr. On page 6, between lines 23 and 24, insert the following: Sherman Copelin Mike Smith "G. The authority hereby created shall enter into a cooperative Rules Suspended endeavor agreement or contract with the Louisiana Local Government Environmental Facilities and Community Development Authority to Senator Ellington asked for and obtained a suspension of the rules administer the authority and provide for the implementation of this for the purpose of considering the Conference Committee Report. On Chapter." motion of Senator Ellington, a vote was taken on the adoption of the report. AMENDMENT NO. 3 On page 8, at the end of line 18, insert the following: "All bonds and other indebtedness shall be issued through or by the Louisiana Local ROLL CALL Government Environmental Facilities and Community Development The roll was called with the following result: Authority." AMENDMENT NO. 4 YEAS On page 10, line 4, after "board" and before the comma "," insert Bajoie Dyess Lambert "through or by the Louisiana Local Government Environmental Barham Ellington Landry Facilities and Community Development Authority" Bean Fields C Lentini Boissiere Fields W Malone Respectfully submitted, Branch Greene Robichaux Cain Hainkel Romero Representatives: Senators: Campbell Heitmeier Schedler Melvin Holden Robert J. Barham Casanova Hollis Smith John A. Alario, Jr. John J. Hainkel, Jr. Cox Irons Tarver Emile Bruneau, Jr. Cleo Fields Cravins Johnson Theunissen Dardenne Jones Thomas Rules Suspended Dean Jordan Ullo Total—36 Senator C. Fields asked for and obtained a suspension of the rules NAYS for the purpose of considering the Conference Committee Report. On Page 74 SENATE 51st DAY'S PROCEEDINGS June 21, 1999 motion of Senator C. Fields, a vote was taken on the adoption of the 4. That Senate Floor Amendments Nos. 1 and 2 proposed by Senator report. Jones and referenced as Set No. 1090 and adopted by the Senate on June 16, 1999 be rejected. ROLL CALL 5. That the following amendments to the reengrossed bill be adopted: The roll was called with the following result: AMENDMENT NO. 2 YEAS n page 1, line 2, after "To" and before "enact" insert "amend and reenact R.S. 27:15(B)(1) and 31(A)(1) and to" Bajoie Ellington Lambert Barham Fields C Landry AMENDMENT NO. 3 Boissiere Fields W Lentini On page 1, line 2, after "enact" and before "and" delete "R.S. 14:67.16" Branch Greene Malone and insert R.S. 27:21(G) and Chapter 8 of Title 27 of the Louisiana Cain Hainkel Romero Revised Statutes of 1950, to be comprised of R.S. 27:421," Campbell Heitmeier Schedler Casanova Hollis Smith AMENDMENT NO. 4 Cox Irons Tarver On page 1, at the beginning of line 3, insert "to provide a procedure for Cravins Johnson Theunissen negotiation and approval of Indian gaming compacts; to provide relative Dardenne Jones Thomas to approval authority for Indian gaming compacts; to provide relative to Dyess Jordan Ullo the terms of such compacts; to provide for requirements of Indian Total—33 gaming compacts; to provide limitations upon those compacts; to NAYS provide with respect to the dissemination of information;" Dean AMENDMENT NO. 5 Total—1 On page 1, line 4, after "Law;" delete the remainder of the line and on ABSENT line 5, delete "swindling;" Mr. President Hines Siracusa AMENDMENT NO. 6 Bean Robichaux On page 1, line 7, after "Section 1." and before "hereby" delete "R.S. Total—5 14:67.16 is" and insert "R.S. 27:15(B)(1) and 31(A)(1) are hereby amended and reenacted and R.S. 27:21(G) and Chapter 8 of Title 27 of The Chair declared the Conference Committee Report was the Louisiana Revised Statutes of 1950, comprised of R.S. 27:421, are" adopted. Senator C. Fields moved to reconsider the vote by which the report was adopted and laid the motion on the table. AMENDMENT NO. 7 On page 1, delete lines 8 through 17 in their entirety Personal Privilege AMENDMENT NO. 8 Senator Bean asked for and obtained the floor of the Senate on a On page 2, delete lines 1 through 22 and insert in lieu thereof the point of personal privilege, and stated he appeared as absent on the vote following: on House Bill No. 1242. He had intended to vote yea on the Conference "§15. Board's authority, responsibilities Committee Report. He asked that the Official Journal so state. * * * B. The board shall: CONFERENCE COMMITTEE REPORT (1) Have all regulatory authority, control, and jurisdiction, including investigation, licensing, and enforcement, and all power House Bill No. 434 By Representative Green incidental or necessary to such regulatory authority, control, and jurisdiction over all aspects of gaming activities and operations as June 21, 1999 authorized pursuant to the provisions of the Louisiana Riverboat To the Honorable Speaker and Members of the House of Economic Development and Gaming Control Act, the Louisiana Representatives and the Honorable President and Members of the Economic Development and Gaming Corporation Act, and the Video Draw Poker Devices Control Law, except as otherwise specified in this Senate. Title. Further, the board shall have all regulatory, enforcement, and supervisory authority which exists in the state as to gaming on Indian Ladies and Gentlemen: lands as provided in the provisions of Act No. 888 of the 1990 Regular We, the conferees appointed to confer over the disagreement Session of the Legislature and Act No. 817 of the 1993 Regular Session between the two houses concerning House Bill No. 434 by of the Legislature and R. S. 27:421. Representative Green, recommend the following concerning the * * * reengrossed bill: §21. Records of board deemed open, exceptions * * * 1. That Senate Floor Amendment No. 1 proposed by Senator Jordan G. Notwithstanding any provision of law to the contrary, any information or documents disseminated to anyone other than the and adopted by the Senate on June 16, 1999 be rejected. gaming enforcement section, office of state police, Department of 2. That Senate Floor Amendments Nos. 1 through 4 proposed by Public Safety and Corrections, the Louisiana Gaming Control Board or Senator Romero and adopted by the Senate on June 16, 1999 be its attorney, or a law enforcement agency shall be deemed public and non confidential as otherwise provided by this Section. rejected. * * * 3. That Senate Floor Amendment No. 1 proposed by Senator Jones §31. Transfer of obligations, funding sources, and functions and referenced as Set No. 1086 be rejected. A.(1) Beginning May 1, 1996, the board established in this Title shall undertake and become the sole and exclusive regulatory and supervisory board for gaming operations and activities authorized by the Louisiana Riverboat Economic Development and Gaming Control Act, 51st DAY'S PROCEEDINGS Page 75 SENATE June 21, 1999 the Louisiana Economic Development and Gaming Corporation Act, Senator Bajoie objected. and the Video Draw Poker Devices Control Law. Further, the board shall have all regulatory, enforcement, and supervisory authority which ROLL CALL exists in the state as to gaming on Indian lands as provided in the provisions of Act No. 888 of the 1990 Regular Session of the The roll was called with the following result: Legislature and Act No. 817 of the 1993 Regular Session of the Legislature and R.S. 27:421. The board created in this Title shall be YEAS the successor to any board of directors, president, board, commission, or committee established prior to May 1, 1996, to regulate gaming under Barham Fields C Lentini such laws as well as successor to any authority heretofore granted to any Boissiere Fields W Malone other office or division within the Department of Public Safety and Branch Greene Robichaux Corrections or any other state department or agency, except as otherwise Campbell Heitmeier Romero specifically provided herein. Cox Hollis Smith * * * Dardenne Johnson Tarver CHAPTER 8. INDIAN GAMING COMPACTS Dean Jones Theunissen §421. Indian gaming compacts; negotiations; terms Dyess Jordan Ullo A. Subject to the provisions of Subsection B of this Section, the Ellington Landry governor shall have authority, on behalf of the state, to enter into and Total—26 sign Indian gaming compacts which authorize federally recognized NAYS Indian tribes to conduct the specific gaming activities authorized in the compact within and upon their Indian reservation lands, and as Bajoie Cain Schedler permitted under the Indian Gaming Regulatory Act, 25 U.S.C. 2701 et Bean Irons seq. Total—5 B. Notwithstanding any provision of law to the contrary, the ABSENT governor shall have authority, on behalf of the state, to enter into and sign Indian gaming compacts which authorize federally recognized Mr. President Hainkel Siracusa Indian tribes to conduct the specific gaming activities authorized in the Casanova Hines Thomas compact within and upon their Indian lands as permitted under the Cravins Lambert Indian Gaming Regulatory Act, 25 U.S.C. 2701 et seq. A compact Total—8 between the state of Louisiana and a federally recognized Indian tribe as authorized by this Subsection may be binding upon the state for a period The Chair declared the rules were suspended and the speaker was up to fifteen years provided that the Indian lands are located within a granted an additional 2 minutes. parish. C. If the conditions of Subsection B of this Section are met, such gaming compact may be for a term up to fifteen years, provided that Motion such compact shall expire two years after the effective date of legislation Senator Jones moved that the Conference Committee Report be as may be enacted which repeals authorization to conduct all legislatively authorized forms of Class III gaming, as presently defined adopted. by the Indian Gaming Regulatory Act, or, from the date on which the Senator Jordan moved as a substitute motion that the Conference legislation provides that all such gaming shall actually cease, whichever Committee Report be recommitted to the Conference Committee. is later. D. No gaming compact shall be entered into, extended, Without objection, so ordered. renegotiated, or approved by the governor unless a contribution compact is entered into or has been entered into between the state and the tribe. E. No Indian gaming compact shall be effective until approved by CONFERENCE COMMITTEE REPORT majority vote of each house of the legislature by mail ballot, Act, or House Bill No. 1445 By Representative Windhorst resolution." June 20, 1999 Respectfully submitted, To the Honorable Speaker and Members of the House of Representatives: Senators: Representatives and the Honorable President and Members of the Kyle M. Green Noble E. Ellington Senate. Roy J. Quezaire J. Chris Ullo Ladies and Gentlemen: Rules Suspended We, the conferees appointed to confer over the disagreement Senator Jones asked for and obtained a suspension of the rules for between the two houses concerning House Bill No. 1445 by the purpose of considering the Conference Committee Report. Representative Windhorst, recommend the following concerning the reengrossed bill: Ruling from the Chair 1. That Senate Committee Amendments Nos. 1 through 4 proposed Senator Jordan asked for a ruling from the Chair as to whether by the Senate Committee on Judiciary B and adopted on the Senate Amendment No. 8 was germane to the bill. on May 26, 1999, be rejected. The Chair ruled that the amendment was germane to the bill. Respectfully submitted, Rules Suspended Representatives: Senators: Stephen J. Windhorst Noble E. Ellington Senator Dean asked for a suspension of the rules for the purpose Audrey A. McCain Donald R. Cravins of granting the speaker an additional 2 minutes. Tommy Wright B. G. Dyess Page 76 SENATE 51st DAY'S PROCEEDINGS June 21, 1999

Rules Suspended Edwin A. Murray Donald R. Cravins Senator Ellington asked for and obtained a suspension of the rules Rules Suspended for the purpose of considering the Conference Committee Report. On motion of Senator Ellington, a vote was taken on the adoption of the Senator Hainkel asked for and obtained a suspension of the rules report. for the purpose of considering the Conference Committee Report. On motion of Senator Hainkel, a vote was taken on the adoption of the ROLL CALL report. The roll was called with the following result: ROLL CALL YEAS The roll was called with the following result: Bajoie Dyess Jordan YEAS Barham Ellington Lambert Bean Fields C Malone Bajoie Dyess Lambert Boissiere Fields W Romero Barham Ellington Lentini Branch Greene Schedler Bean Fields C Malone Cain Hainkel Smith Boissiere Fields W Romero Campbell Heitmeier Tarver Branch Greene Schedler Casanova Hines Theunissen Cain Hainkel Smith Cox Hollis Thomas Campbell Heitmeier Tarver Cravins Irons Ullo Casanova Hines Theunissen Dardenne Johnson Cox Hollis Thomas Dean Jones Cravins Irons Ullo Total—34 Dardenne Johnson NAYS Dean Jones Total—34 Landry Lentini NAYS Total—2 ABSENT Jordan Landry Total—2 Mr. President Robichaux Siracusa ABSENT Total—3 Mr. President Robichaux Siracusa The Chair declared the Conference Committee Report was Total—3 adopted. Senator Ellington moved to reconsider the vote by which the report was adopted and laid the motion on the table. The Chair declared the Conference Committee Report was adopted. Senator Hainkel moved to reconsider the vote by which the CONFERENCE COMMITTEE REPORT report was adopted and laid the motion on the table. House Bill No. 2120 By Representative Scalise CONFERENCE COMMITTEE REPORT June 20, 1999 House Bill No. HB1776 By Representative Damico To the Honorable Speaker and Members of the House of June 20, 1999 Representatives and the Honorable President and Members of the Senate. To the Honorable Speaker and Members of the House of Representatives and the Honorable President and Members of the Ladies and Gentlemen: Senate. We, the conferees appointed to confer over the disagreement Ladies and Gentlemen: between the two houses concerning House Bill No. 2120 by Representative Scalise, recommend the following concerning the We, the conferees appointed to confer over the disagreement engrossed bill: between the two houses concerning House Bill No. HB1776 by Representative Damico, recommend the following concerning the 1. That Senate floor amendments proposed by Senator Hainkel and engrossed bill: adopted by the Senate on June 11, 1999, be rejected. 1. That Amendment No. 1 proposed by the Legislative Bureau and 2. That the following amendments to the engrossed bill be adopted. adopted by the Senate on June 4, 1999, be accepted. AMENDMENT NO. 1 2. That the Senate Committee Amendments No. 2 and 5 proposed by On page 1, line 15, after "transfer" and before "any" insert " up to the Senate Committee on Judiciary B and adopted by the Senate on twenty percent annually of" June 10, 1999, be accepted. Respectfully submitted, 3. That the Senate Committee Amendments No. 1, 3 and 4 proposed by the Senate Committee on Judiciary B and adopted by the Senate Representatives: Senators: on June 10, 1999, be rejected. James J. "Jim" Donelon Gregory W. Tarver, Sr. Steve Scalise John Hainkel 4. That the following amendments to the engrossed bill be adopted: 51st DAY'S PROCEEDINGS Page 77 SENATE June 21, 1999

AMENDMENT NO. 1 CONFERENCE COMMITTEE REPORT On page 1, line 2, after "To" and before "enact" insert "amend and reenact R.S. 33:2002 and 2218.2(A) and to" House Bill No. 2076 By Representative Perkins AMENDMENT NO. 2 June 20, 1999 On page 1, line 5, after "servers" and before the semicolon ";", insert "and certain police officers who patrol bridges; to provide eligibility for To the Honorable Speaker and Members of the House of supplemental pay for ten Chitimacha tribe of Louisiana firemen" Representatives and the Honorable President and Members of the Senate. AMENDMENT NO. 3 On page 1, line 7, after "R.S." and before "33:2218.8(G)", insert Ladies and Gentlemen: "33:2002 and 2218.2(A) are hereby amended and reenacted and" We, the conferees appointed to confer over the disagreement AMENDMENT NO. 4 between the two houses concerning House Bill No. 2076 by On page 1, between lines 7 and 8, insert the following: Representative Perkins, recommend the following concerning the engrossed bill: §2002. Extra compensation A.(1) In addition to the compensation now paid by any 1. That the Senate Floor Amendments proposed by Senator Thomas municipality, parish, fire protection district, or other political subdivision and adopted by the Senate on June 16, 1999, be rejected. maintaining a fire department, or by the Chitimacha tribe of Louisiana, hereinafter referred to as "tribe", or by any nonprofit corporation Respectfully submitted, contracting with any such political subdivision to provide fire protection services, to every paid, regularly employed employee who is paid not Representatives: Senators: less than three hundred dollars per month, not including supplemental Tony Perkins Robert Barham pay, as distinguished from part-time employees and volunteers of such Jerry Luke LeBlanc Jerry Thomas fire department, who are carried on the payroll of such fire department, Melvin "Kip" Holden Mike Branch and every employee as defined herein who is paid from funds of the parish or municipality or tribe obtained through lawfully adopted bond Rules Suspended issues or lawfully assessed taxes, either directly or through a board or commission set up by law or ordinance of the parish or municipality or Senator Branch asked for and obtained a suspension of the rules tribe, shall be paid extra compensation by the state in the amount of for the purpose of considering the Conference Committee Report. On three hundred dollars per month for each such paid employee who has motion of Senator Branch, a vote was taken on the adoption of the completed or who hereafter completes one year of service. report. (2) The term "employee" as used herein expressly excludes any person hired primarily to perform secretarial and clerical duties, switchboard operators, secretaries, record clerks, maintenance personnel, ROLL CALL and mechanics; it shall expressly exclude employees hired after March 31, 1986, who have not completed and passed a certified fireman's The roll was called with the following result: training program equal to National Fire Protection Association Standard 1001 or a firemen's training program as approved by the Louisiana State YEAS University Firemen Training Program in accordance with R.S. 40:1541 Bajoie Ellington Lambert et seq.; and it shall also expressly exclude part-time employees and Barham Fields C Landry volunteers of such municipal, parish, tribe, or fire protection district fire Bean Fields W Lentini departments. Boissiere Greene Malone B. In computing the period of service required by Subsection A of Branch Hainkel Robichaux this Section, prior service of employees who have returned or who Cain Heitmeier Romero hereafter return to such service shall be included; provided that service Campbell Hines Schedler in any municipal, parish, tribe, or fire protection district fire department, Casanova Hollis Smith whether with the same fire department or not, shall be used in Cox Irons Tarver computing such prior service. Cravins Johnson Theunissen C. Notwithstanding any other provision of law to the contrary, the Dardenne Jones Thomas compensation for tribal officers of the Chitimacha tribe of Louisiana Dyess Jordan Ullo shall be for no more than ten such firemen. Total—36 NAYS Respectfully submitted, Dean Representatives: Senators: Total—1 N. J. Damico Francis Heitmeier ABSENT Stephen J. Windhorst Noble E. Ellington Mr. President Siracusa Motion Total—2 Senator Heitmeier moved that the Conference Committee Report The Chair declared the Conference Committee Report was be adopted. adopted. Senator Branch moved to reconsider the vote by which the report was adopted and laid the motion on the table. Senator Hollis moved as a substitute motion that the Conference Committee Report be recommitted to the Conference Committee. SENATE CONFERENCE COMMITTEE REPORT Without objection, so ordered. Senate Bill No. 562 by Senator Jordan Page 78 SENATE 51st DAY'S PROCEEDINGS June 21, 1999

June 21, 1999 June 21, 1999 To the Honorable President and Members of the Senate and to the To the Honorable President and Members of the Senate and to the Honorable Speaker and Members of the House of Representatives: Honorable Speaker and Members of the House of Representatives: We, the conferees appointed to confer over the disagreement We, the conferees appointed to confer over the disagreement between the two houses concerning Senate Bill 562 by Senator Jordan between the two houses concerning Senate Bill 242 by Senator Landry recommend the following concerning the Engrossed bill: recommend the following concerning the Engrossed bill: 1. That House Floor Amendment Nos. 1 through 8 proposed by 1. That House Floor Amendments Nos. 1 through 3 and 5 adopted on Representative McCain and adopted by the House on May 19, April 8, 1999 be accepted. 1999 be adopted. 2. That House Floor Amendments Nos. 4 and 6 adopted on April 8, 2. That House Floor Amendment No. 1 proposed by Representative 1999 be rejected. Green and adopted by the House of June 11, 1999 be adopted. 3. That the following amendments to the engrossed bill be adopted: 3. That House Floor Amendment Nos. 1 through 5 proposed by Representative Perkins and adopted by the House on June 11, AMENDMENT NO. 1 1999 be adopted. On page 1, delete lines 13 and 14 and insert: “do all other things incidental thereto. Along the main line levees of the Mississippi river Respectfully submitted, in Jefferson, St. Charles, and St. John Parishes, levee boards and levee and drainage boards may construct bicycle paths and Senators: Representatives: walkways along the top of the” J. Lomax Jordan, Jr. Audrey A. McCain Charles D. Jones Anthony R. Perkins AMENDMENT NO. 2 Ron Landry Stephen Windhorst On page 2, after line 5, insert the following: Rules Suspended “R.S. 38:301(E) is all proposed new law. E. (1) Neither a levee board nor a levee and drainage board that Senator Jordan asked for and obtained a suspension of the rules for constructs a bicycle path or walkway as provided in Subsection A, nor the purpose of considering the Conference Committee Report. On the owner, operator or lessee of property utilized for levee and levee motion of Senator Jordan, a vote was taken on the adoption of the drainage purposes, shall be liable for any personal injury, property report. damage, or other loss which occurs while a person enters onto such property to utilize the bicycle path or walkway constructed by the levee ROLL CALL board or the levee and drainage board. (2) Nothing contained in this Section shall prevent or restrict a The roll was called with the following result: landowner, operator, lessee or adjacent landowners from the normal, reasonable and foreseeable use of levee property upon which a bicycle YEAS path or walkway is constructed. (3) Nothing contained in this Section shall be construed to prevent Bajoie Ellington Landry any landowner from seeking compensation under existing law for use Barham Fields C Lentini of such landowner's property pursuant to this Section. Bean Fields W Malone (4) Nothing contained in this Section shall be construed to require Boissiere Greene Robichaux the removal or modification of any existing structure or pipeline lawfully Branch Hainkel Romero placed upon or crossing a levee in order to construct a bicycle path or Cain Heitmeier Schedler walkway.” Campbell Hines Smith Casanova Hollis Tarver Respectfully submitted, Cox Irons Theunissen Cravins Johnson Thomas Senators: Representatives: Dardenne Jones Ullo Ron Landry Juba Diez Dean Jordan Mitch Theriot Dyess Lambert Joel Chaisson Total—37 NAYS Rules Suspended Total—0 Senator Landry asked for and obtained a suspension of the rules for ABSENT the purpose of considering the Conference Committee Report. Mr. President Siracusa Rules Suspended Total—2 Senator Malone asked for a suspension of the rules for the purpose The Chair declared the Conference Committee Report was of granting the speaker an additional 2 minutes. adopted. Senator Jordan moved to reconsider the vote by which the report was adopted and laid the motion on the table. Senator Irons objected. SENATE CONFERENCE COMMITTEE REPORT Senate Bill No. 242 by Senator Landry 51st DAY'S PROCEEDINGS Page 79 SENATE June 21, 1999

ROLL CALL To the Honorable President and Members of the Senate and to the Honorable Speaker and Members of the House of Representatives: The roll was called with the following result: We, the conferees appointed to confer over the disagreement YEAS between the two houses concerning Senate Bill 396 by Landry recommend the following concerning the Engrossed bill: Boissiere Fields C Lentini Campbell Fields W Malone 1. That Legislative Bureau amendments proposed by the Legislative Casanova Greene Robichaux Bureau and adopted by the House on May 12, 1999 be adopted. Cox Hines Romero Cravins Hollis Schedler 2. That House Floor Amendment No. 1 through 3 proposed by Dardenne Johnson Smith Representative Morrell and adopted by the House on June 10, Dyess Jones Thomas 1999 be rejected. Ellington Landry Ullo Total—24 Respectfully submitted, NAYS Senators: Representatives: Bajoie Branch Hainkel Ronald J. "Ron" Landry John C. "Juba" Diez Barham Cain Irons Gregory W. Tarver James J. Donelon Bean Dean Theunissen Arthur J. Lentini Total—9 ABSENT Rules Suspended Mr. President Jordan Siracusa Senator Landry asked for and obtained a suspension of the rules for Heitmeier Lambert Tarver the purpose of considering the Conference Committee Report. Total—6 Motion The Chair declared the rules were suspended and the speaker was granted an additional 2 minutes. Senator Landry moved that the Conference Committee Report be adopted. On motion of Senator Landry, a vote was taken on the adoption of the report. Senator C. Fields moved as a substitute motion that the Conference Committee Report be recommitted to the Conference Committee. ROLL CALL Senator Landry objected. The roll was called with the following result: ROLL CALL YEAS The roll was called on the substitute motion with the following Bajoie Dean Johnson result: Bean Dyess Jones Boissiere Ellington Landry YEAS Branch Fields C Lentini Cain Fields W Robichaux Bajoie Cox Irons Campbell Greene Romero Boissiere Dean Jones Casanova Hainkel Schedler Cain Fields C Cox Heitmeier Tarver Campbell Fields W Cravins Hollis Theunissen Total—10 Dardenne Irons Ullo NAYS Total—30 NAYS Mr. President Greene Malone Barham Hainkel Romero Barham Smith Bean Heitmeier Schedler Malone Thomas Branch Hines Smith Total—4 Casanova Hollis Tarver ABSENT Cravins Johnson Theunissen Dardenne Lambert Thomas Mr. President Jordan Siracusa Dyess Landry Ullo Hines Lambert Ellington Lentini Total—5 Total—26 ABSENT The Chair declared the Conference Committee Report was adopted. Senator Landry moved to reconsider the vote by which the Jordan Robichaux Siracusa report was adopted and laid the motion on the table. Total—3 SENATE CONFERENCE COMMITTEE REPORT The Chair declared the Senate refused to recommit the bill to the Conference Committee Report. Senate Bill No. 396 by Landry June 20, 1999 Page 80 SENATE 51st DAY'S PROCEEDINGS June 21, 1999

ROLL CALL On page 4, between lines 19 and 20, insert the following: The roll was called on the original motion to adopt with the "Section 2. following result: §322.38. Disposition of certain collections in parishes with a population of more than four hundred seventy-five thousand YEAS Orleans Parish A. The avails of the tax imposed by R.S. 47:321 from the sale of Mr. President Ellington Landry services as defined in R.S. 47:301(14)(a) in any parish with a population Bajoie Fields C Lentini of more than four hundred seventy-five thousand according to the latest Barham Fields W Malone federal census Orleans Parish under the provisions of R.S. 47:321(C) Bean Greene Romero and 322 in each fiscal year shall be credited to the Bond Security and Boissiere Hainkel Schedler Redemption Fund, and after a sufficient amount is allocated from that Branch Heitmeier Smith fund to pay all the obligations secured by the full faith and credit of the Cain Hines Tarver state which become due and payable within any fiscal year, the treasurer Campbell Hollis Theunissen shall pay the remainder of such funds into a special fund which is Casanova Irons Thomas hereby created in the state treasury and designated as the "New Orleans Cox Johnson Ullo Area Tourism and Economic Development Fund". Dardenne Jones B. * * * Dyess Lambert (2) To the New Orleans Business and Industrial District each state Total—34 senator and state representative whose district includes all or any portion NAYS of Orleans Parish, to be administered through the Louisiana Stadium and Exposition District (hereinafter "the district"), the remainder of the Dean money in the fund after the other distributions provided for in this Total—1 Subsection., to be used within Orleans Parish for the provision of grants ABSENT for tourism, economic development, and other activities, all as provided in Subsection C of this Section. Cravins Robichaux C.(1) Of the total appropriation from the fund which has been Jordan Siracusa allocated pursuant to Paragraph B(2) of this Section for the provision of Total—4 grants, and which consists of monies placed into the fund on and after July 1, 1999, thirty-five percent shall be designated for grants to be The Chair declared the Conference Committee Report was selected by each state senator whose district includes all or any portion adopted. Senator Landry moved to reconsider the vote by which the of Orleans Parish, and sixty-five percent shall be designated for grants report was adopted and laid the motion on the table. to be selected by each state representative whose district includes all or any portion of Orleans Parish, in consultation with the board of SENATE CONFERENCE COMMITTEE REPORT commissioners of the district. The amount available for allocation by each senator shall be determined by dividing the population within Senate Bill No. 1108 by Senators Thomas, Schedler, and Hainkel Orleans Parish for the respective district by the total parish population and then multiplying such ratio by thirty-five percent of the total June 21 1999 appropriation. The amount available for allocation by each representative shall be determined by dividing the population within To the Honorable President and Members of the Senate and to the Orleans Parish for the respective district by the total parish population Honorable Speaker and Members of the House of Representatives: and then multiplying such ratio by sixty-five percent of the total appropriation. Population data from the latest federal census shall be We, the conferees appointed to confer over the disagreement used in establishing allocation ratios. between the two houses concerning Senate Bill 1108 by Senators (2) The board of commissioners of the district shall have Thomas, Schedler, and Hainkel recommend the following concerning administrative responsibility and authority for funds allocated pursuant the Reengrossed bill: to Paragraph (B)(2) of this Section, shall consult with the appropriate representative or senator having authority to determine the grants to be 1. That House Floor Amendment No. 1 proposed by Representative distributed each year from the funds so allocated, but shall not have the Schneider and adopted by the House on June 10, 1999, be authority to expend, obligate, allocate, or otherwise control any of such adopted. funds except as specifically provided in this Subsection. (3) Grants shall be available for activities, projects, or programs 2. That House Floor Amendments No. 1, 2, and 3 proposed by undertaken for a public purpose, including but not limited to tourism, Representative Thornhill and adopted by the House on June 10, recreation, economic development, capital outlay, education, and 1999, be rejected. services for youth and the elderly. (4) Grants shall be exclusively available to public and private 3. That House Floor Amendments No. 1, 2, and 4 proposed by nonprofit entities, and such funds shall be expended only for a public Representatives Murray and Copelin and adopted by the House on purpose. No grantee which is a private, nonprofit corporation shall be June 10, 1999, be adopted. involved in any political activity. "Political activity" shall mean an effort to support or oppose a proposition or the election of a candidate for 4. That House Floor Amendment No. 3 proposed by Representatives political office or to support or oppose a particular political party in an Murray and Copelin and adopted by the House on June 10, 1999, election. be rejected. (5) The board of commissioners of the district shall develop a grant application process which shall be used by entities seeking grants. 5. That the following amendment to the reengrossed bill be adopted: Grant applications shall include at a minimum: (a) A detailed narrative describing the grant applicant, the AMENDMENT NO. 1 proposed activity or project and its value, and the objectives to be On page 1, line 11, between "322.37(A)" and "and" insert: accomplished through the use of grant funds. "322.38(A),(B)(2), and (C)," (b) A detailed budget for the activity or project, including measurable indicators of achievement of performance expectations. AMENDMENT NO. 2 51st DAY'S PROCEEDINGS Page 81 SENATE June 21, 1999

(c) If the grant applicant is a private, nonprofit entity, information Branch Johnson on the entity's purpose, its size, the names and addresses of the members Dean Landry of its governing body, and its taxpayer identification number. Total—4 (6) The board of commissioners of the district shall monitor and ABSENT evaluate the use of grant funds. The grantee shall cooperate in providing any information requested by the district relative to the funded Mr. President Lambert Siracusa activity. Each grantee shall be subject to audit by the legislative auditor Fields C Robichaux Tarver in accordance with R.S. 24:513. Total—6 (7) Following a hearing and upon a finding that any grant provided pursuant to this Subsection is not in compliance with the requirements The Chair declared the Conference Committee Report was of this Subsection, the board of commissioners of the district, with the adopted. Senator Bajoie moved to reconsider the vote by which the concurrence of the representative or senator whose funds were provided, report was adopted and laid the motion on the table. may revoke further funding of such grant. CD. All unexpended and unencumbered monies in the fund at the Messages from the House end of any fiscal year shall remain in the fund. The monies in the fund shall be invested by the treasurer in the same manner as the monies in The following Messages from the House were received and read the state general fund, and all interest earned shall be deposited into the as follows: fund. Section 3. All unexpended and unencumbered monies in the fund at the end of fiscal year 1998-1999, shall remain in the fund and shall Message from the House be appropriated and distributed only for the purposes and to the persons and entities under the terms and conditions provided in Section 2 of this RECOMMITAL OF Act. However, forty percent of such monies shall be designated for CONFERENCE COMMITTEE REPORT grants by each state senator and sixty percent shall be designated for June 21, 1999 grants by each state representative, whose district includes all or any portion of Orleans Parish. The amount of such unexpended and To the Honorable President and Members of the Senate: unencumbered monies available for allocation by each senator shall be determined by dividing the population within Orleans Parish for the I am directed to inform your honorable body that the House of respective district by the total parish population and then multiplying Representatives has recommitted the Report of the Conference such ratio by forty percent of the total amount of such monies. The Committee on the disagreement to House Bill No. 434: amount of such unexpended and unencumbered monies available for allocation by each representative shall be determined by dividing the Respectfully submitted, population and then multiplying such ratio by sixty percent of the total ALFRED W. SPEER amount of such monies. Notwithstanding the foregoing provisions of Clerk of the House of Representatives this Section, all such unexpended and unencumbered monies allocated to the senator representing Senatorial District 6 are hereby allocated to the New Orleans Police Foundation." Message from the House Respectfully submitted, RECOMMITAL OF CONFERENCE COMMITTEE REPORT Senators: Representatives: John J. Hainkel, Jr. Edwin R. Murray June 21, 1999 Diana E. Bajoie C. E. "Peppi" Bruneau, Jr. Sherman Copelin To the Honorable President and Members of the Senate: I am directed to inform your honorable body that the House of Rules Suspended Representatives has recommitted the Report of the Conference Senator Bajoie asked for and obtained a suspension of the rules for Committee on the disagreement to House Bill No. 1776: the purpose of considering the Conference Committee Report. On Respectfully submitted, motion of Senator Bajoie, a vote was taken on the adoption of the report. ALFRED W. SPEER Clerk of the House of Representatives ROLL CALL The roll was called with the following result: Reports of Committees, Resumed YEAS The following reports of committees were received and read: Bajoie Dyess Jordan SENATE CONFERENCE COMMITTEE REPORT Barham Ellington Lentini Bean Fields W Malone Senate Bill No. 480 by Senator Heitmeier Boissiere Greene Romero Cain Hainkel Schedler June 21, 1999 Campbell Heitmeier Smith To the Honorable President and Members of the Senate and to the Casanova Hines Theunissen Honorable Speaker and Members of the House of Representatives: Cox Hollis Thomas Cravins Irons Ullo We, the conferees appointed to confer over the disagreement Dardenne Jones between the two houses concerning Senate Bill 480 by Senator Total—29 Heitmeier recommend the following concerning the engrossed bill: NAYS Page 82 SENATE 51st DAY'S PROCEEDINGS June 21, 1999

1. That House Committee Amendments No. 1 through 3. proposed June 21, 1999 by the House Committee on Transportation, Highways and Public Works and adopted by the House on May 19, 1999, be adopted. To the Honorable President and Members of the Senate and to the Honorable Speaker and Members of the House of Representatives: 2. That House Floor Amendments No. 1. through 3. proposed by Representative Alario and adopted by the House on June 11, 1999, We, the conferees appointed to confer over the disagreement be rejected. between the two houses concerning Senate Bill 871 by Senator Hainkel recommend the following concerning the Reengrossed bill: 3. That the following amendment to the reengrossed bill be adopted: 1. That all House Committee Amendments proposed by the House AMENDMENT NO. 1 Committee on Labor and Industrial Relations and adopted by the On page 2, line 17, after "U.S. Highway 90." insert "The Crescent House of Representatives on June 2, 1999 be adopted. City Connection police shall exercise concurrent police jurisdiction with the sheriff of the parish of Jefferson and the police chiefs of 2. That all House Floor Amendments proposed by Representative the cities of Gretna and Westwego under the provisions of this Bruneau and adopted by the House of Representatives on June 14, Section unless the sheriff of the parish of Jefferson and the police 1999 be rejected. chiefs of the cities of Gretna and Westwego give written notification that such concurrent police jurisdiction is terminated 3. That House Floor Amendment proposed by Representative Michot by that law enforcement agency as to the exercise of concurrent and adopted by the House of Representatives on June 14, 1999 be jurisdiction within its law enforcement jurisdiction. adopted. Respectfully submitted, Respectfully submitted, Senators: Representatives: Senators: Representatives: Francis Heitmeier John A. Alario, Jr. John J. Hainkel, Jr. C. E. "Peppi" Bruneau Diana E. Bajoie John C. Diez Robert J. Barham Charles W. DeWitt, Jr. Joseph F. Toomy Charles D. Jones Michael John Michot Rules Suspended Rules Suspended Senator Heitmeier asked for and obtained a suspension of the rules Senator Hainkel asked for and obtained a suspension of the rules for the purpose of considering the Conference Committee Report. On for the purpose of considering the Conference Committee Report. On motion of Senator Heitmeier, a vote was taken on the adoption of the motion of Senator Hainkel, a vote was taken on the adoption of the report. report. ROLL CALL ROLL CALL The roll was called with the following result: The roll was called with the following result: YEAS YEAS Bajoie Ellington Jordan Mr. President Dean Jones Barham Fields C Lambert Bajoie Dyess Lambert Bean Fields W Lentini Barham Ellington Landry Boissiere Greene Malone Bean Fields C Malone Branch Hainkel Romero Boissiere Fields W Robichaux Cain Heitmeier Schedler Branch Greene Schedler Campbell Hines Smith Cain Hainkel Smith Casanova Hollis Tarver Campbell Heitmeier Tarver Cox Irons Theunissen Casanova Hines Theunissen Dardenne Johnson Ullo Cox Hollis Thomas Dyess Jones Cravins Irons Ullo Total—32 Dardenne Johnson NAYS Total—35 NAYS Dean Landry Total—2 Total—0 ABSENT ABSENT Mr. President Robichaux Thomas Jordan Romero Cravins Siracusa Lentini Siracusa Total—5 Total—4 The Chair declared the Conference Committee Report was The Chair declared the Conference Committee Report was adopted. Senator Heitmeier moved to reconsider the vote by which the adopted. Senator Hainkel moved to reconsider the vote by which the report was adopted and laid the motion on the table. report was adopted and laid the motion on the table. SENATE CONFERENCE COMMITTEE REPORT SENATE CONFERENCE COMMITTEE REPORT Senate Bill No. 871 by Senator Hainkel Senate Bill No. 1087 by Schedler 51st DAY'S PROCEEDINGS Page 83 SENATE June 21, 1999

June 21, 1999 ABSENT To the Honorable President and Members of the Senate and to the Mr. President Bajoie Siracusa Honorable Speaker and Members of the House of Representatives: Total—3 We, the conferees appointed to confer over the disagreement The Chair declared the Senate refused to recommit the bill to the between the two houses concerning Senate Bill 1087 by Senator Conference Committee. Schedler recommend the following concerning the Engrossed bill: ROLL CALL 1. That the set of House Floor Amendments No. 1 through 6 proposed by Representative Daniel and adopted by the House of The roll was called on the original motion to adopt with the Representatives on June 16, 1999, be rejected. following result: 2. That the set of House Floor Amendments No. 1 and 2 that begin YEAS with "On page 2, line 12," proposed by Representative Daniel and adopted by the House of Representatives on June 16, 1999, be Mr. President Dyess Lentini rejected. Bajoie Ellington Malone Barham Greene Romero 3. That House Floor Amendments No. 1 through 6 proposed by Bean Hainkel Schedler Representative Stelly and adopted by the House of Representatives Boissiere Heitmeier Smith on June 16, 1999, be rejected. Branch Hines Tarver Cain Hollis Theunissen 4. That the following amendments to the engrossed bill be adopted: Casanova Irons Thomas Cravins Johnson Ullo AMENDMENT NO. 1 Dardenne Jones On page 2, line 12, after "system" insert "provided the application for Dean Lambert such merger is submitted on or before October 15, 1999, and that Total—31 any cost resulting from the merger shall not be paid for by the NAYS system or from the fund established in R.S. 22:1419(A)" Campbell Fields W Robichaux Respectfully submitted, Cox Jordan Fields C Landry Senators: Representatives: Total—7 Tom Schedler Vic Stelly ABSENT Art Lentini Francis C. Heitmeier Siracusa Total—1 Motion The Chair declared the Conference Committee Report was Senator Schedler moved that the Conference Committee Report be adopted. Senator Schedler moved to reconsider the vote by which the adopted. report was adopted and laid the motion on the table. Senator Cox moved as a substitute motion that the Conference SENATE CONFERENCE COMMITTEE REPORT Committee Report be recommitted to the Conference Committee. Senate Bill No. 328 by Heitmeier Senator Schedler objected. June 21, 1999 ROLL CALL To the Honorable President and Members of the Senate and to the The roll was called with the following result: Honorable Speaker and Members of the House of Representatives: YEAS We, the conferees appointed to confer over the disagreement between the two houses concerning Senate Bill 328 by Senator Cain Dyess Jordan Heitmeier recommend the following concerning the Engrossed bill: Campbell Fields C Landry Cox Fields W Robichaux 1. That the set of five House Committee Amendments No. 1 through Cravins Johnson 5 proposed by the House Committee on Retirement and adopted Total—11 by the House of Representatives on June 14, 1999, be rejected. NAYS 2. That the set of eight House Floor Amendments No. 1 through 8 Barham Hainkel Romero proposed by Representative Daniel and adopted by the House of Bean Heitmeier Schedler Representatives on June 15, 1999, be rejected. Boissiere Hines Smith Branch Hollis Tarver 3. That the set of six House Floor Amendments No. 1 through 6 Casanova Irons Theunissen proposed by Representative Wilkerson and adopted by the House Dardenne Jones Thomas of Representatives on June 16, 1999, be rejected. Dean Lambert Ullo Ellington Lentini 4. That the set of four House Floor Amendments No. 1 through 4 Greene Malone proposed by Representative Alario and adopted by the House of Total—25 Representatives on June 16, 1999, be rejected. Page 84 SENATE 51st DAY'S PROCEEDINGS June 21, 1999

5. That House Floor Amendments No. 6 and 7 proposed by (b) The chief executive officer of the State Group Benefits Representatives Curtis and Daniel and adopted by the House of Program. Representatives on June 15, 1999, be adopted. (2) Such election shall be made in writing and filed with the Louisiana State Employees’ Retirement System within sixty days after 5. That House Floor Amendments No. 1, 2, 3, 4, and 5 proposed by such appointment. Elections will be effective as of the date of Representatives Curtis and Daniel and adopted by the House of appointment. If an eligible employee fails to make the election timely, Representatives on June 15, 1999, be rejected. he shall become a member of the retirement system’s defined benefit plan as of the date of appointment. 6. That the following amendments to the engrossed bill be adopted: B.(1) Any participating member of the defined benefit plan, who would otherwise be eligible to participate in this optional retirement plan AMENDMENT NO. 1 under the provisions of Subsection A of this Section, may irrevocably On page 1, delete "R. S. 11:448(A) and 450(C) and (D)(3)" and insert elect to participate in this optional retirement plan under the provisions "R. S. 11:62(5)(b), 441(D)(3), 448(A), and 450(B), (C),and (D)(3) and of this Subpart, but any such election shall be filed in writing with the 922, and to enact R. S. 11:441(D)(4), 11:502 through 502.6, and 503" Louisiana State Employees’ Retirement System prior to September 1, 2000, or the member shall remain in the defined benefit plan. AMENDMENT NO. 1 (2) If, pursuant to this Paragraph, an election is made by a current On page 1, line 3, after "System" insert "and the Teachers' Retirement member of the defined benefit plan to participate in the optional System of Louisiana" and retirement plan, then the employee contributions that were made on on page 1, line 6, after "credit;" insert "to provide for retirement behalf of such member in the defined benefit plan shall be transferred eligibility and contribution rates for correctional officers, probation and to the participant’s optional retirement plan. parole officers, and security personnel employed by the Department of (3) Any otherwise eligible employee who has service credit in the Public Safety and Corrections; to provide for creation of an optional defined benefit plan shall be ineligible to participate in the optional retirement plan for certain state employees; to provide for type of benefit retirement plan, unless such employee transfers all such credit from the in an optional retirement plan; to provide for a death benefit for retirees defined benefit plan to this optional retirement plan in accordance with over sixty-five;" this Subsection. §502.3 Contributions AMENDMENT NO. 2 A.(1)(a) Each participant in this optional retirement plan shall On page 1, delete lines 9 and 10, and insert: contribute monthly the same amount that would have been contributed to the defined benefit plan, as if the participant were a member of that "Section 1. R.S. 11:62(5)(b), 441(D)(3), 448(A), 450(B), (C), and plan. (D)(3), and 922 are hereby amended and reenacted and R.S. (b) The entirety of each participant’s contribution, less any 11:441(D)(4), 502 through 502.6, and 503 are hereby enacted to read monthly fee established by the Board of Trustees for the Louisiana State as follows:" Employees’ Retirement System to cover the cost of administration and maintenance of the optional retirement plan, shall be remitted to the AMENDMENT NO. 3 applicable designated provider or providers for application to the On page 2, between lines 26 and 27, insert the following: participant’s account or accounts. (2) Participant’s contributions may be made by employer pick-up "SUBPART F. OPTIONAL RETIREMENT PLAN in accordance with the provisions of Section 414(h)(2) of the United §502. Creation of optional retirement plan States Internal Revenue Code or any amendment thereto. There is created an optional retirement plan for certain unclassified B. (1) Each employer agency, institution, or board shall contribute state employees who would otherwise be eligible to become members to the Louisiana State Employees’ Retirement System on behalf of each of the Louisiana State Employees’ Retirement System. Those eligible participant in this optional retirement plan the same amount that would employees who select this optional benefit shall not be considered have been contributed to the defined benefit plan. eligible for any benefits provided by the defined benefit plan, and cannot (2)(a) Upon receipt of this contribution, the Louisiana State maintain any service credit in the defined benefit plan once this option Employees’ Retirement System shall promptly pay over to the is elected. appropriate designated provider or providers an amount equal to the §502.1 Selection of providers employer’s portion of the normal cost contribution as set forth in the The Board of Trustees of the Louisiana State Employees’ actuarial valuation of the retirement system which is approved annually Retirement System shall select no more than three providers with which by the Public Retirement Systems’ Actuarial Committee. That amount participants will be authorized to place their contributions in products shall be credited to the participant’s account or accounts, subject to any that shall be selected by the Board. In selecting the providers, the board other applicable provisions of this Section. shall consider, among other things, the following: (b) Notwithstanding the provisions of Subparagraph (a) of this A. The tax status of the product. Paragraph, the Louisiana State Employees’ Retirement System shall B. The portability of the products offered by the providers. retain and apply to the unfunded accrued liability the amount if any, of C. The types of products offered by the providers. the employer contributions paid on behalf of any optional retirement D. The relation of the costs and benefits as relates to the amount plan participant which exceeds the employer’s portion of the normal of the contributions to be made pursuant to the provisions of this cost contribution. Subpart. (3)(a) In addition to the amount retained pursuant to Paragraph (2) E. The ability of the designated provider or providers to provide of this Subsection, an additional contribution shall be retained, by the the rights and benefits under the products. system, subject to the following procedures. The annual actuarial §502.2 Eligibility; irrevocable election valuation presented to the Public Retirement System’s Actuarial A.(1) The following unclassified state employees shall be eligible Committee pursuant to R.S. 11:127(C) shall identify any adverse to make an irrevocable election to participate in this optional retirement actuarial impact occurring on and after July 1, 2000, as the result of plan: participation of the employees set forth in this Subpart. Then, the (a)(i) Any unclassified state employee who is appointed by a system actuary shall identify and recommend the additional amount of statewide elected official and whose appointment is subject to the employer’s portion of the normal cost contributions made on behalf confirmation by the Louisiana Senate. of optional retirement plan participants that is necessary to be retained (ii) Any unclassified state employee who is a member of the to offset such adverse actuarial impact, if any. immediate staff of any such employee described in Item (i) of this (b) Any additional amount of the employer’s portion of the normal Subparagraph. cost contributions recommended to be retained pursuant to Subparagraph (a) of this Paragraph, shall be retained from such 51st DAY'S PROCEEDINGS Page 85 SENATE June 21, 1999 employer contributions that are made in the then current plan year. That than July 1, 2000, and the employer agencies, institutions, and boards amount shall be increased or decreased annually thereafter according to shall implement the optional retirement plan on July 1, 2000. the same procedures in the amount needed to offset such adverse * * * actuarial impact to the system, if any. §503. Death Benefit (4) The process of retaining contributions, as identified in R.S. 11:503 is all proposed new law. Paragraphs (B) (2) and (3) of this Subsection shall continue until the After a retiree reaches the age of sixty-five, upon that retiree's death unfunded accrued liability of the retirement system is fully amortized. he shall be entitled to a death benefit in the amount of two thousand C. Notwithstanding the provisions of Subsections A and B of this dollars, to be payable in a lump sum to the deceased retiree's named Section, the Louisiana State Employees’ Retirement System shall not beneficiary, or if there is no named beneficiary then to the deceased remit any funds or contributions to any provider or providers from an retiree's estate. employer agency, institution, or board until the correct and total amount * * * to be remitted to the Louisiana State Employees’ Retirement System §922. Purpose under Subsections A and B of this Section is received each month from The purpose of the optional retirement plan is to provide retirement the employer agency, institution, or board. and death benefits to the participants while affording the maximum §502.4. Limitations; unclassified employees portability of these benefits to the participants. Benefits shall be Any eligible unclassified employee who elects to participate in this provided by the purchase of annuity contracts, fixed or variable in optional retirement plan shall always be ineligible for membership in the nature, or a combination thereof, at the option of the participant. defined benefit plan, even if he is employed in a position covered by the * * *" defined benefit plan and shall only be entitled to those benefits set out in this Subpart. If any such optional retirement plan participant assumes AMENDMENT NO. 4 a new position covered by the retirement plan then he shall continue to On page 2, line 27, after "Section 2." insert the following: participate in the optional retirement plan, notwithstanding the provisions of R.S. 11:417. If any such optional retirement plan "Notwithstanding any law to the contrary, the Louisiana State participant assumes a new position in state service not covered by the Employees' Retirement System shall be authorized to utilize proceeds, defined benefit plan he must at that time begin membership in the on a one time basis, from its Employee Experience Account to fund this retirement system which provides benefits for that position in state benefit in an amount equal to the present value of future normal costs, service. plus the increase in the accrued liability resulting from all prospective §502.5. Benefits not obligation of the state; unclassified employees benefits provided in Section 1 for all current members and retirees, and A. Any eligible employee who elects to participate in this optional the provisions of R.S. 11:542(C) shall be inapplicable to this benefit, but retirement plan shall agree that the benefits payable to participants are only to the extent necessary to fund this benefit. not the obligations of the state of Louisiana or the Louisiana State Section 3. The authority for enrollment of employees in the Employees' Retirement System and that such benefits and other rights Optional Retirement Plan, as set forth in R.S. 11:502.2 in Section 1 of of the optional retirement plan are the sole liability and responsibility of this Act, shall terminate on July 1, 2001 and, thereafter, no further the designated provider or providers to which contributions have been employees shall be enrolled or transferred for participation therein. made. Furthermore, each such participant shall in accordance with this Those employees who either enrolled in or transferred into the Optional agreement expressly waive his or her rights set forth in Article X. Retirement Plan on or before June 30, 2001 shall continue participation Section 29(A) and (B) of the Louisiana Constitution. therein in accordance with the provisions of law applicable thereto. B.(1) Benefits shall be payable to such optional retirement plan Section 4." participants or their beneficiaries by the designated provider or providers and not by the Louisiana State Employees’ Retirement System, in Respectfully submitted, accordance with the contract types provided by the providers selected and the contracts approved for use in the optional retirement plan by the Senators: Representatives: board. Francis C. Heitmeier John Alario (2) Additionally, the board may approve direct transfers by and Ron Landry William Daniel between providers. Lambert Boissiere (3) Participants in the optional retirement plan shall not be entitled Rules Suspended to any benefits to which members in the defined benefit plan are entitled, including but not limited to disability benefits, survivor benefits, Senator Heitmeier asked for and obtained a suspension of the rules participation in the Deferred Retirement Option Plan, and any cost of for the purpose of considering the Conference Committee Report. On living adjustments granted to retirees of the defined benefit plan. motion of Senator Heitmeier, a vote was taken on the adoption of the (4) Participants in the optional retirement plan shall specifically report. acknowledge and do hereby waive any of the benefits that accrue to members in the defined benefit plan. C. Any such optional retirement plan participant receiving ROLL CALL retirement benefits under Subsection B of this Section shall be eligible to participate in the State Employees’ Group Benefits Program in The roll was called with the following result: accordance with its laws and regulations. D. By participating in the optional retirement plan, the participant YEAS and the provider shall be responsible for complying with all applicable Bajoie Ellington Lambert provisions of the Internal Revenue Code, and if any violation of that Barham Fields C Landry Code occurs as a result of the participant’s participation in the optional Bean Fields W Lentini retirement plan, it will be the responsibility and liability of the participant Boissiere Greene Malone and the provider and not the Louisiana State Employees’ Retirement Branch Hainkel Robichaux System. Cain Heitmeier Romero E. There shall be no liability on the part of and no cause of action Campbell Hines Smith of any nature shall arise against the Louisiana State Employees’ Casanova Hollis Tarver Retirement System, or its agents or employees, for any action taken in Cox Irons Theunissen the performance of the duties under this Subsection Cravins Johnson Thomas §502.6 Implementation Dardenne Jones Ullo The Board of Trustees of the Louisiana State Employees’ Dyess Jordan Retirement System shall implement the optional retirement plan no later Page 86 SENATE 51st DAY'S PROCEEDINGS June 21, 1999

Total—35 Casanova Greene Jordan NAYS Dean Hainkel Total—5 Dean ABSENT Total—1 ABSENT Mr. President Robichaux Johnson Siracusa Mr. President Schedler Siracusa Total—4 Total—3 The Chair declared the Conference Committee Report was The Chair declared the Conference Committee Report was adopted. Senator Heitmeier moved to reconsider the vote by which the adopted. Senator Heitmeier moved to reconsider the vote by which the report was adopted and laid the motion on the table. report was adopted and laid the motion on the table. Rules Suspended CONFERENCE COMMITTEE REPORT Senator Dardenne asked for and obtained a suspension of the rules House Bill No. HB1776 By Representative Damico for the purpose of taking up at this time. June 21, 1999 House Concurrent Resolutions on To the Honorable Speaker and Members of the House of Third Reading Representatives and the Honorable President and Members of the and Final Passage Senate. The following House Concurrent Resolutions on third reading and Ladies and Gentlemen: final passage were taken up and acted upon as follows: We, the conferees appointed to confer over the disagreement HOUSE CONCURRENT RESOLUTION NO. 6— between the two houses concerning House Bill No. HB1776 by BY REPRESENTATIVE WINDHORST Representative Damico, recommend the following concerning the A CONCURRENT RESOLUTION engrossed bill: To amend the Department of Public Safety and Corrections, office of state police, division of charitable gaming control rules (LAC 1. That Amendment No. 1 proposed by the Legislative Bureau and 42:I.1731(C), LAC 42:I.1742(B)(1), LAC 42:I.1757(A), LAC adopted by the Senate on June 4, 1999, be accepted. 42:I.1787(A)(2), and LAC 42:I.2215), to provide that certain pull- tabs may be defaced two hours following the session, to provide 2. That all Senate Committee Amendments proposed by the Senate for the timely payment for charitable gaming supplies, and to Committee on Judiciary B and adopted by the Senate on June 10, provide for prohibited combination of interests for commercial 1999, be accepted. lessors and their immediate family members; to provide with respect to the model accounting system; and to repeal the Respectfully submitted, Department of Public Safety and Corrections, office of state police, division of charitable gaming control rule (LAC Representatives: Senators: 42:I.1725(D)(1)(d)), which provides that a bingo caller is a N. J. Damico Francis Heitmeier position of managerial capacity, and to direct the Louisiana Jerry Luke LeBlanc Art Lentini Register to print the amendments in the Louisiana Administrative Stephen J. Windhorst Noble E. Ellington Code. The resolution was read by title. Senator Dardenne moved to Rules Suspended concur in the House Concurrent Resolution. Senator Heitmeier asked for and obtained a suspension of the rules for the purpose of considering the Conference Committee Report. On ROLL CALL motion of Senator Heitmeier, a vote was taken on the adoption of the report. The roll was called with the following result: ROLL CALL YEAS Bajoie Ellington Lambert The roll was called with the following result: Barham Fields C Landry Bean Fields W Lentini YEAS Boissiere Greene Malone Branch Heitmeier Romero Bajoie Dyess Landry Cain Hines Schedler Barham Ellington Lentini Campbell Hollis Tarver Bean Fields C Malone Cox Irons Theunissen Boissiere Fields W Romero Cravins Johnson Thomas Branch Heitmeier Schedler Dardenne Jones Ullo Cain Hines Smith Total—30 Campbell Hollis Tarver NAYS Cox Irons Theunissen Cravins Jones Thomas Casanova Dyess Smith Dardenne Lambert Ullo Dean Jordan Total—30 Total—5 NAYS ABSENT 51st DAY'S PROCEEDINGS Page 87 SENATE June 21, 1999

Mr. President Robichaux Cain Hainkel Malone Hainkel Siracusa Campbell Heitmeier Romero Total—4 Casanova Hines Schedler Cox Hollis Smith The Chair declared the Senate had concurred in the House Cravins Irons Theunissen Concurrent Resolution and ordered it returned to the House. Dardenne Johnson Thomas Dyess Jones Ullo HOUSE CONCURRENT RESOLUTION NO. 40— Total—33 BY REPRESENTATIVES DEWITT, DOWNER, MCMAINS, DIEZ, AND NAYS CRANE AND SENATORS DARDENNE, EWING, HAINKEL, BARHAM, AND SCHEDLER A CONCURRENT RESOLUTION Dean To suspend until sixty days after final adjournment of the 2000 Regular Total—1 Session of the Legislature the provisions of Chapter 6-A of Title 15 ABSENT of the Louisiana Revised Statutes of 1950, comprised of R.S. 15:601 through 620 and providing for the DNA Detection of Mr. President Robichaux Tarver Sexual and Violent Offenders Law. Bajoie Siracusa Total—5 The resolution was read by title. Senator Dardenne 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. 158— BY REPRESENTATIVE MONTGOMERY The roll was called with the following result: A CONCURRENT RESOLUTION To repeal any and all rules adopted by the Department of Health and YEAS Hospitals requiring operators of emergency medical vehicles to possess a valid Class "D" driver's license. Barham Ellington Jordan Bean Fields C Lambert The resolution was read by title. Senator Hines moved to concur Boissiere Fields W Landry in the House Concurrent Resolution. Branch Greene Lentini Cain Hainkel Malone Campbell Heitmeier Romero ROLL CALL Casanova Hines Schedler Cox Hollis Smith The roll was called with the following result: Cravins Irons Theunissen Dean Johnson Thomas YEAS Dyess Jones Ullo Total—33 Bajoie Dyess Jordan NAYS Barham Ellington Lambert Bean Fields C Landry Total—0 Boissiere Fields W Lentini ABSENT Branch Greene Malone Cain Hainkel Romero Mr. President Dardenne Siracusa Campbell Heitmeier Schedler Bajoie Robichaux Tarver Casanova Hines Smith Total—6 Cox Hollis Theunissen Cravins Irons Thomas The Chair declared the Senate had concurred in the House Dardenne Johnson Ullo Concurrent Resolution and ordered it returned to the House. Dean Jones Total—35 HOUSE CONCURRENT RESOLUTION NO. 127— NAYS BY REPRESENTATIVE JOHN SMITH A CONCURRENT RESOLUTION Total—0 To approve the Coastal Wetlands Conservation and Restoration Plan for ABSENT Fiscal Year 1999-2000, as adopted by the Wetlands Conservation and Restoration Authority. Mr. President Siracusa Robichaux Tarver The resolution was read by title. Senator Romero moved to concur Total—4 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: Rules Suspended YEAS Senator Heitmeier asked for and obtained a suspension of the rules for the purpose of taking up at this time. Barham Ellington Jordan Bean Fields C Lambert Reports of Committees Boissiere Fields W Landry Branch Greene Lentini The following reports of committees were received and read: Page 88 SENATE 51st DAY'S PROCEEDINGS June 21, 1999

Mr. President in the Chair be comprised of R.S. 11:502 through 502.6, R.S. 11:2256(A)(4) and (5), and 2260(A)(11)(b)" CONFERENCE COMMITTEE REPORT House Bill No. 1973 By Representative Daniel AMENDMENT NO. 11 On page 1, between lines 13 and 14, insert: June 21, 1999 "§62. Employees contributions established To the Honorable Speaker and Members of the House of Employee contributions to state and statewide public Representatives and the Honorable President and Members of the retirement systems shall be as follows: Senate. * * * (5) Louisiana State Employees' Retirement System Ladies and Gentlemen: * * * (b)(i) Correction officers, probation and parole officers, We, the conferees appointed to confer over the disagreement and security officers of the Louisiana Department of Public between the two houses concerning House Bill No. 1973 by Safety and Corrections -- 9%. Representative Daniel, recommend the following concerning the (ii) Correction officers, probation and parole officers, engrossed bill: and security officers of the Department of Public Safety and Corrections who have terminated participation in the deferred 1. That the amendments proposed by the Senate Committee on retirement option plan but not employment --7.5%. Retirement and adopted by the Senate on June 7, 1999, be * * * rejected. §441. Eligibility for retirement * * * 2. That the following amendments to the engrossed bill be adopted: D. * * * AMENDMENT NO. 5 (3) Notwithstanding any other provision of law to the On page 1, line 2, after "reenact" delete "R.S. 11:2256(A)(1) and contrary, effective July 1, 1999, correctional officers, (2) and (C)" and insert in lieu thereof "R.S. 11:62(5)(b), probation and parole officers, and security personnel 441(D)(3), 450(B), 922, 1316, 2214(A)(2)(b)(ii), 2225(A)(11)(a) employed by the Louisiana Department of Public Safety and and (e), 2253(A)(1)(b)(ii), and 2256(A)(1) and (2) and (C)" Corrections shall be eligible for retirement at any age upon attaining twenty-five or more years of service, at least ten of AMENDMENT NO. 6 which were served immediately prior to application for On page 1, at the end of line 2, delete "R.S." and at the beginning retirement in a position with the Louisiana Department of of line 3, delete "11:2256(A)(4) and (5)," and insert "R.S. Public Safety and Corrections. 11:441(D)(4), Subpart F of Part IV of Chapter 1 of Subtitle II of (4) For purposes of this Subsection, Louisiana Title 11 of the Louisiana Revised Statues of 1950, to be comprised Department of Public Safety and Corrections includes of R.S. 11:502 through 502.6, 2256(A)(4) and (5), and predecessor and successor agencies to such department. 2260(A)(11)(h)," * * * §450. Termination of participation AMENDMENT NO. 7 * * * On page 1, line 3, between "to" and "the" insert "the Louisiana B. Upon termination of participation in the plan but not State Employees' Retirement System, the Teachers' Retirement employment, credits to the account shall cease, and no System, the State Police Pension and Retirement System; retirement benefits shall be paid to the participant until Municipal Police Employees' Retirement System" employment is terminated. No payment shall be made based on credits in the account until employment is terminated. AMENDMENT NO. 8 Employer and employee contributions shall resume. On page 1, at the end of line 3, change the semi-colon ";" to a Correction officers, probation and parole officers, and comma "," and add "and the Baton Rouge City Parish Employees' security officers of the Department of Public Safety and Retirement System; to provide with respect to the employee Corrections who have ended their participation in the contribution rate and retirement eligibility criteria for certain deferred retirement option plan but not employment shall members who have terminated participation in the Deferred make contributions at the rate established in R.S. Retirement Option Plan; to provide with respect to the benefits of 11:62(5)(b)(ii). minor children whose parent is killed in the line of duty with no * * * surviving spouse; to provide with respect to the merger of SUBPART F. OPTIONAL RETIREMENT PLAN individual members from the Baton Rouge City Parish Employees' §502. Creation of optional retirement plan Retirement System to the applicable fire and police statewide There is created an optional retirement plan for certain system and the procedures related thereto; to provide with respect unclassified state employees who would otherwise be eligible to the creation, implementation, and administration of certain to become members of the Louisiana State Employees’ optional retirement plans;" Retirement System. Those eligible employees who select this optional benefit shall not be considered eligible for any AMENDMENT NO. 9 benefits provided by the defined benefit plan, and cannot On page 1, line 11, between "Section 1." and "are hereby" delete maintain any service credit in the defined benefit plan once "R.S. 11:2256(A)(1) and (2) and (C)" and insert in lieu thereof this option is elected. "R.S. 11:62(5)(b), 441(D)(3), 450(B), 922, 1316, §502.1 Selection of providers 2214(A)(2)(b)(ii), 2225(A)(11)(a) and (e), 2253(A)(1)(b)(ii), and The Board of Trustees of the Louisiana State 2256(A)(1) and (2) and (C)" Employees’ Retirement System shall select no more than three providers with which participants will be authorized to AMENDMENT NO. 10 place their contributions in products that shall be selected by On page 1, line 12, delete "and R.S. 11:2256(A)(4) and (5)" and the board. In selecting the providers, the board shall consider, insert "R.S. 11:441(D), Subpart F of Part IV of Chapter 1 of among other things, the following: Subtitle II of Title 11 of the Louisiana Revised Statutes of 1950, to A. The tax status of the product. 51st DAY'S PROCEEDINGS Page 89 SENATE June 21, 1999

B. The portability of the products offered by the to the appropriate designated provider or providers an amount providers. equal to the employer’s portion of the normal cost C. The types of products offered by the providers. contribution as set forth in the actuarial valuation of the D. The relation of the costs and benefits as relates to the retirement system which is approved annually by the Public amount of the contributions to be made pursuant to the Retirement Systems’ Actuarial Committee. That amount shall provisions of this Subpart. be credited to the participant’s account or accounts, subject E. The ability of the designated provider or providers to to any other applicable provisions of this Section. provide the rights and benefits under the products. (b) Notwithstanding the provisions of Subparagraph (a) §502.2 Eligibility; irrevocable election of this Paragraph, the Louisiana State Employees’ Retirement A.(1) The following unclassified state employees shall System shall retain and apply to the unfunded accrued liability be eligible to make an irrevocable election to participate in the amount if any, of the employer contributions paid on this optional retirement plan: behalf of any optional retirement plan participant which (a)(i) Any unclassified state employee who is appointed exceeds the employer’s portion of the normal cost by a statewide elected official and whose appointment is contribution. subject to confirmation by the Louisiana Senate. (3)(a) In addition to the amount retained pursuant to (ii) Any unclassified state employee who is a member Paragraph (2) of this Subsection, an additional contribution of the immediate staff of any such employee described in shall be retained by the system, subject to the following Item (i) of this Subparagraph. procedures. The annual actuarial valuation presented to the (b) The chief executive officer of the State Group Public Retirement System’s Actuarial Committee pursuant to Benefits Program. R.S. 11:127(C) shall identify any adverse actuarial impact (2) Such election shall be made in writing and filed with occurring on and after July 1, 2000, as the result of the Louisiana State Employees’ Retirement System within participation of the employees set forth in this Subpart. Then, sixty days after such appointment. Elections will be effective the system actuary shall identify and recommend the as of the date of appointment. If an eligible employee fails to additional amount of the employer’s portion of the normal make the election timely, he shall become a member of the cost contributions made on behalf of optional retirement plan retirement system’s defined benefit plan as of the date of participants that is necessary to be retained to offset such appointment. adverse actuarial impact, if any. B.(1) Any participating member of the defined benefit (b) Any additional amount of the employer’s portion of plan, who would otherwise be eligible to participate in this the normal cost contributions recommended to be retained optional retirement plan under the provisions of Subsection pursuant to Subparagraph (a) of this Paragraph, shall be A of this Section, may irrevocably elect to participate in this retained from such employer contributions that are made in optional retirement plan under the provisions of this Subpart, the then current plan year. That amount shall be increased or but any such election shall be filed in writing with the decreased annually thereafter according to the same Louisiana State Employees’ Retirement System prior to procedures in the amount needed to offset such adverse September 1, 2000, or the member shall remain in the actuarial impact to the system, if any. defined benefit plan. (4) The process of retaining contributions, as identified (2) If, pursuant to this Paragraph, an election is made by in Paragraphs (B) (2) and (3) of this Subsection shall a current member of the defined benefit plan to participate in continue until the unfunded accrued liability of the retirement the optional retirement plan, then the employee contributions system is fully amortized. that were made on behalf of such member in the defined C. Notwithstanding the provisions of Subsections A and benefit plan shall be transferred to the participant’s optional B of this Section, the Louisiana State Employees’ Retirement retirement plan. System shall not remit any funds or contributions to any (3) Any otherwise eligible employee who has service provider or providers from an employer agency, institution, or credit in the defined benefit plan shall be ineligible to board until the correct and total amount to be remitted to the participate in the optional retirement plan, unless such Louisiana State Employees’ Retirement System under employee transfers all such credit from the defined benefit Subsections A and B of this Section is received each month plan to this optional retirement plan in accordance with this from the employer agency, institution, or board. Subsection. §502.4. Limitations; unclassified employees §502.3 Contributions Any eligible unclassified employee who elects to A.(1)(a) Each participant in this optional retirement plan participate in this optional retirement plan shall always be shall contribute monthly the same amount that would have ineligible for membership in the defined benefit plan, even if been contributed to the defined benefit plan, as if the he is employed in a position covered by the defined benefit participant were a member of that plan. plan and shall only be entitled to those benefits set out in this (b) The entirety of each participant’s contribution, less Subpart. If any such optional retirement plan participant any monthly fee established by the Board of Trustees for the assumes a new position covered by the retirement plan then Louisiana State Employees’ Retirement System to cover the he shall continue to participate in the optional retirement plan, cost of administration and maintenance of the optional notwithstanding the provisions of R.S. 11:417. If any such retirement plan, shall be remitted to the applicable designated optional retirement plan participant assumes a new position provider or providers for application to the participant’s in state service not covered by the defined benefit plan he account or accounts. must at that time begin membership in the retirement system (2) Participant’s contributions may be made by which provides benefits for that position in state service. employer pick-up in accordance with the provisions of §502.5. Benefits not obligation of the state; unclassified Section 414(h)(2) of the United States Internal Revenue employees Code or any amendment thereto. A. Any eligible employee who elects to participate in this B. (1) Each employer agency, institution, or board shall optional retirement plan shall agree that the benefits payable contribute to the Louisiana State Employees’ Retirement to participants are not the obligations of the state of Louisiana System on behalf of each participant in this optional or the Louisiana State Employees' Retirement System and retirement plan the same amount that would have been that such benefits and other rights of the optional retirement contributed to the defined benefit plan. plan are the sole liability and responsibility of the designated (2)(a) Upon receipt of this contribution, the Louisiana provider or providers to which contributions have been made. State Employees’ Retirement System shall promptly pay over Furthermore, each such participant shall in accordance with Page 90 SENATE 51st DAY'S PROCEEDINGS June 21, 1999

this agreement expressly waive his or her rights set forth in * * * Article X. Section 29(A) and (B) of the Louisiana §2214. Membership Constitution. A. The membership of the retirement system shall be B.(1) Benefits shall be payable to such optional composed as follows: retirement plan participants or their beneficiaries by the * * * designated provider or providers and not by the Louisiana (2) State Employees’ Retirement System, in accordance with the * * * contract types provided by the providers selected and the (b) contracts approved for use in the optional retirement plan by * * * the board. (ii) The Subject to the provisions of R.S. (2) Additionally, the board may approve direct transfers 11:2225(A)(11)(a)(ii), the mandatory membership provisions by and between providers. of this Paragraph shall apply to the municipality of Baton (3) Participants in the optional retirement plan shall not Rouge if with respect to all law enforcement employees be entitled to any benefits to which members in the defined meeting the definition of "employee" under the provisions of benefit plan are entitled, including but not limited to disability this Chapter after the boards of trustees of this retirement benefits, survivor benefits, participation in the Deferred system and of the Baton Rouge City Parish Employees' Retirement Option Plan, and any cost of living adjustments Retirement System enter into an agreement to merge the any granted to retirees of the defined benefit plan. members of the latter system who qualify as employees under (4) Participants in the optional retirement plan shall the provisions of R.S. 11:2213(11) this Chapter into this specifically acknowledge and do hereby waive any of the system. However, any such agreement shall only be effective benefits that accrue to members in the defined benefit plan. upon ratification by ordinance of the Metropolitan Council of C. Any such optional retirement plan participant the city of Baton Rouge and the parish of East Baton Rouge, receiving retirement benefits under Subsection B of this with the approval of the mayor-president, and subsequent Section shall be eligible to participate in the State Employees’ approval by the Joint Legislative Committee on Retirement. Group Benefits Program in accordance with its laws and * * * regulations. §2225. Administration D. By participating in the optional retirement plan, the A. Board of trustees: participant and the provider shall be responsible for * * * complying with all applicable provisions of the Internal (11)(a)(i) Every municipality which has a police Revenue Code, and if any violation of that Code occurs as a retirement plan or system shall merge its active members into result of the participant’s participation in the optional the Municipal Police Employees' Retirement System and such retirement plan, it will be the responsibility and liability of the merger shall be binding on all parties; however, any merger participant and the provider and not the Louisiana State of the law enforcement members of the Baton Rouge City Employees’ Retirement System. Parish Employees' Retirement System into this system shall E. There shall be no liability on the part of and no cause be subject to the provisions of R.S. 11:2214(A)(2)(b)(ii) and of action of any nature shall arise against the Louisiana State Subparagraph (ii) of this Paragraph. Such merger shall be Employees’ Retirement System, or its agents or employees, preceded by an actuarial investigation of the assets and for any action taken in the performance of the duties under liabilities of the system being merged. The municipalities this Subsection which provide retirement with sixteen, twenty, or twenty-five §502.6 Implementation years of service credit at any age shall guarantee and pay its The Board of Trustees of the Louisiana State regular retirement benefits to any employee who takes a Employees’ Retirement System shall implement the optional deferred retirement with sixteen, twenty, or twenty-five years retirement plan no later than July 1, 2000, and the employer of service credit prior to reaching age fifty or fifty-five until agencies, institutions, and boards shall implement the optional the retiree reaches the age of fifty or fifty-five and is eligible retirement plan on July 1, 2000. to receive a benefit from the Municipal Police Employees' * * * Retirement System. The municipality paying the benefit shall §922. Purpose in computing said benefit use the salary and all years of The purpose of the optional retirement plan is to provide service credit that would have been used had no merger taken retirement and death benefits to the participants while place and if the municipality is one where military service affording the maximum portability of these benefits to the credit cannot be purchased until the member has twenty years participants. Benefits shall be provided by the purchase of of service credit, the computation of the benefit shall not annuity contracts, fixed or variable in nature, or a include any years of military service credit unless the member combination thereof, at the option of the participant. actually has twenty years of service credit without the military * * * service credit. The municipality shall pay to the Municipal §1316. Death in the line of duty; Pension pension of Police Employees' Retirement System in one cash payment surviving spouse of deceased employee; minor children an amount equal to sixty percent of the accrued liability, as with no surviving spouse determined or approved by the actuary for the Municipal A. The surviving spouse of any state police employee Police Employees' Retirement System, for all members and whose death results from injury received in line of duty shall service credit merged or at the option of the municipality, be pensioned at seventy-five percent of the salary being such payment may be made in annual payments plus seven received by the employee at the time of the injury. This percent interest compounded annually over a period not pension shall be paid only so long as the surviving spouse is exceeding thirty years. eligible under the provisions of this Chapter. (ii) Notwithstanding any other provision of law to the B.(1) If there is no surviving spouse of any state police contrary, the consolidated government of the City of Baton employee whose death results from injury received in line of Rouge and Parish of East Baton Rouge may merge into this duty, then any surviving minor children shall be pensioned at system less than all of the active law enforcement members the amounts set forth in Subsection A of this Section. of the Baton Rouge City Parish Employees' Retirement (2) As each minor child reaches eighteen years of age, System meeting the definition of "employee" under the or twenty-three years of age if a student, he shall receive no provisions of this Chapter. Such a partial merger shall be further benefits and the monthly pension shall be reduced by undertaken subsequent to a one time, thirty day election the amount previously paid to him. period, to be conducted by the consolidated government of 51st DAY'S PROCEEDINGS Page 91 SENATE June 21, 1999

the City of Baton Rouge and Parish of East Baton Rouge. of the mayor-president, and subsequent approval by the Joint During this election period, each active law enforcement Legislative Committee on Retirement. member may elect either to: (1) maintain his individual * * * membership in the Baton Rouge City Parish Employees' §2260. Administration Retirement System: or (2) transfer his membership to this A. Board of trustees: retirement system. Such election shall be irrevocable. Any * * * partial merger of these active law enforcement employees into (11) this system shall be preceded by an actuarial investigation of * * * the assets and liabilities in the system to the credit of the (h) Notwithstanding any other provision of law to the employees being merged. To each employee electing to avail contrary, the board of trustees for this system is hereby himself of the provisions of this Subparagraph, the authorized to enter into an agreement with the consolidated consolidated government shall guarantee by individual government of the city of Baton Rouge and parish of East guarantee of benefits contracts with each individual employee Baton Rouge to merge less than all of the firefighter members electing to merge additional benefits not payable under the of the Baton Rouge City Parish Employees' Retirement Municipal Police Employees' Retirement System. The System meeting the definition of "employee" under the municipality shall pay to the Municipal Police Employees' provisions of this Chapter. Such a partial merger shall be Retirement System in one cash payment an amount equal to undertaken subsequent to a one time, thirty day election sixty percent of the accrued liability, as determined or period, to be conducted by the consolidated government of approved by the actuary for this system, for all members and the City of Baton Rouge and Parish of East Baton Rouge. service credit merged or at the option of the municipality, During this election each active firefighter member may elect such payment may be made in annual payments plus seven either to: (1) maintain his individual membership in the percent interest compounded annually over a period not Baton Rouge City Parish Employee's Retirement System; or exceeding thirty years. Subsequent to such partial merger, all (2) transfer his members to this retirement system. Such newly hired law enforcement employees meeting the election shall be irrevocable. Any partial merger of these definition of "employee" as contained in this Chapter shall be active firefighter employees into this system shall be preceded enrolled in this system as a condition of employment. This by an actuarial investigation of the assets and liabilities in the Subparagraph shall be subject to Subparagraphs (b) through system to the credit of the employees being merged. To each (h) of this Paragraph. employee electing to avail himself of the provisions of this * * * Subparagraph, the consolidated government shall guarantee (e) Notwithstanding any other provision of law to the by individual guarantee of benefits contracts with each contrary, any police officer who is a member of any individual employee electing to merge additional benefits not municipal retirement system, except the police retirement payable under the Firefighters' Retirement System. The system maintained by the city of Baton Rouge, shall be municipality shall pay to this system in one cash payment an eligible to enter into a merger agreement where the individual amount equal to sixty percent of the accrued liability, as officer and this system are the sole parties to the agreement; determined or approved by the actuary for this system, for all provided that the municipal retirement system is not a police members and service credit merged, or at the option of the retirement plan or system that is subject to the mandatory municipality, such payment may be made in annual payments merger requirements set forth in this Section. The merger plus seven percent interest compounded annually over a shall be accomplished by transferring all of the member's period not exceeding thirty years. Subsequent to such partial individual accredited service along with all of the employee merger, all newly hired firefighter employees meeting the and employer contributions plus interest at the board- definition of "employee" as contained in this Chapter shall be approved actuarial valuation rate of the transferring system. enrolled in this system as a condition of employment. This If the funds transferred are less than sixty percent of the subparagraph shall be subject to the provisions of liabilities transferred under the merger, the member shall pay Subparagraphs (a), (b), (c), (d), and (e) of this Paragraph." the balance up to the sixty percent requirement. The remaining amount due shall be paid from the fund established AMENDMENT NO. 12 in R.S. 22:1419(A) for the merger of retirement systems and funds with this system. This Subparagraph shall be subject On page 3, after line 15, add: to the provisions of Subparagraph (d) of this Paragraph. * * * "Section 2.A. This Act shall become effective upon §2253. Membership signature by the governor or, if not signed by the governor, A. The membership of the retirement system shall be upon expiration of the time for bills to become law without composed as follows: signature by the governor, as provided in Article III, Section (1) 18 of the Constitution of Louisiana. If vetoed by the * * * governor and subsequently approved by the legislature, this (b) Act shall become effective on the day following such * * * approval. (ii) The Subject to the provisions of R.S. B. The authority for enrollment of employees in the 11:2260(A)(11)(h), the mandatory membership provisions of Optional Retirement Plan, as set forth in R.S. 11:502.2 in this Paragraph shall apply to the municipality, parish, and fire Section 1 of this Act, shall terminate on July 1, 2001 and, protection districts in and for the parish of East Baton Rouge thereafter, no further employees shall be enrolled or if with respect to firefighter employees meeting the definition transferred for participation therein. Those employees who of "employee" under the provisions of this Chapter when the either enrolled in or transferred into the Optional Retirement boards of trustees of this retirement system and of the Baton Plan on or before June 30, 2001 shall continue participation Rouge City Parish Employees' Retirement System enter into therein in accordance with the provisions of law applicable an agreement to merge the any members of the latter system, thereto." who qualify as employees under the provisions of R.S. 11:2252(9), this Chapter, into this system. However, any Respectfully submitted, such agreement shall only be effective upon ratification by ordinance of the Metropolitan Council of the city of Baton Representatives: Senators: Rouge and the parish of East Baton Rouge, with the approval William B. Daniel Francis C. Heitmeier Page 92 SENATE 51st DAY'S PROCEEDINGS June 21, 1999

Victor T. Stelly Arthur J. Lentini Message from the House Ronnie Johns Lambert C. Boissiere, Jr. ADOPTION OF Rules Suspended CONFERENCE COMMITTEE REPORT Senator Heitmeier asked for and obtained a suspension of the rules June 21, 1999 for the purpose of considering the Conference Committee Report. On motion of Senator Heitmeier, a vote was taken on the adoption of the To the Honorable President and Members of the Senate: report. I am directed to inform your honorable body that the House of ROLL CALL Representatives has adopted the Report of the Conference Committee on the disagreement to Senate Bill No. 30: The roll was called with the following result: Respectfully submitted, YEAS ALFRED W. SPEER Clerk of the House of Representatives Mr. President Dyess Lambert Bajoie Ellington Landry Message from the House Barham Fields C Lentini Bean Fields W Malone ADOPTION OF Boissiere Greene Robichaux CONFERENCE COMMITTEE REPORT Branch Hainkel Romero Cain Heitmeier Schedler June 21, 1999 Campbell Hines Smith Casanova Hollis Tarver To the Honorable President and Members of the Senate: Cox Irons Theunissen Cravins Johnson Thomas I am directed to inform your honorable body that the House of Dardenne Jones Ullo Representatives has adopted the Report of the Conference Committee Dean Jordan on the disagreement to Senate Bill No. 388: Total—38 NAYS Respectfully submitted, ALFRED W. SPEER Total—0 Clerk of the House of Representatives ABSENT Message from the House Siracusa Total—1 ADOPTION OF CONFERENCE COMMITTEE REPORT The Chair declared the Conference Committee Report was adopted. Senator Heitmeier moved to reconsider the vote by which the June 21, 1999 report was adopted and laid the motion on the table. To the Honorable President and Members of the Senate: Messages from the House I am directed to inform your honorable body that the House of The following Messages from the House were received and read Representatives has adopted the Report of the Conference Committee as follows: on the disagreement to Senate Bill No. 396: Message from the House Respectfully submitted, ALFRED W. SPEER ADOPTION OF Clerk of the House of Representatives CONFERENCE COMMITTEE REPORT Message from the House June 21, 1999 ADOPTION OF To the Honorable President and Members of the Senate: CONFERENCE COMMITTEE REPORT I am directed to inform your honorable body that the House of June 21, 1999 Representatives has adopted the Report of the Conference Committee on the disagreement to Senate Bill No. 242: To the Honorable President and Members of the Senate: Respectfully submitted, I am directed to inform your honorable body that the House of ALFRED W. SPEER Representatives has adopted the Report of the Conference Committee Clerk of the House of Representatives on the disagreement to Senate Bill No. 406: Respectfully submitted, ALFRED W. SPEER Clerk of the House of Representatives 51st DAY'S PROCEEDINGS Page 93 SENATE June 21, 1999

Message from the House Message from the House ADOPTION OF ADOPTION OF CONFERENCE COMMITTEE REPORT CONFERENCE COMMITTEE REPORT June 21, 1999 June 21, 1999 To the Honorable President and Members of the Senate: To the Honorable President and Members of the Senate: I am directed to inform your honorable body that the House of I am directed to inform your honorable body that the House of Representatives has adopted the Report of the Conference Committee Representatives has adopted the Report of the Conference Committee on the disagreement to Senate Bill No. 480: on the disagreement to Senate Bill No. 1087: Respectfully submitted, Respectfully submitted, ALFRED W. SPEER ALFRED W. SPEER Clerk of the House of Representatives Clerk of the House of Representatives Message from the House Message from the House ADOPTION OF ADOPTION OF CONFERENCE COMMITTEE REPORT CONFERENCE COMMITTEE REPORT June 21, 1999 June 21, 1999 To the Honorable President and Members of the Senate: To the Honorable President and Members of the Senate: I am directed to inform your honorable body that the House of I am directed to inform your honorable body that the House of Representatives has adopted the Report of the Conference Committee Representatives has adopted the Report of the Conference Committee on the disagreement to Senate Bill No. 562: on the disagreement to Senate Bill No. 1108: Respectfully submitted, Respectfully submitted, ALFRED W. SPEER ALFRED W. SPEER Clerk of the House of Representatives Clerk of the House of Representatives Message from the House Message from the House ADOPTION OF ADOPTION OF CONFERENCE COMMITTEE REPORT CONFERENCE COMMITTEE REPORT June 21, 1999 June 21, 1999 To the Honorable President and Members of the Senate: To the Honorable President and Members of the Senate: I am directed to inform your honorable body that the House of I am directed to inform your honorable body that the House of Representatives has adopted the Report of the Conference Committee Representatives has adopted the Report of the Conference Committee on the disagreement to Senate Bill No. 871: on the disagreement to House Bill No. 1: Respectfully submitted, Respectfully submitted, ALFRED W. SPEER ALFRED W. SPEER Clerk of the House of Representatives Clerk of the House of Representatives Message from the House Message from the House ADOPTION OF ADOPTION OF CONFERENCE COMMITTEE REPORT CONFERENCE COMMITTEE REPORT June 21, 1999 June 21, 1999 To the Honorable President and Members of the Senate: To the Honorable President and Members of the Senate: I am directed to inform your honorable body that the House of I am directed to inform your honorable body that the House of Representatives has adopted the Report of the Conference Committee Representatives has adopted the Report of the Conference Committee on the disagreement to Senate Bill No. 1060: on the disagreement to House Bill No. 2: Respectfully submitted, Respectfully submitted, ALFRED W. SPEER ALFRED W. SPEER Clerk of the House of Representatives Clerk of the House of Representatives Page 94 SENATE 51st DAY'S PROCEEDINGS June 21, 1999

Message from the House Message from the House ADOPTION OF ADOPTION OF CONFERENCE COMMITTEE REPORT CONFERENCE COMMITTEE REPORT June 21, 1999 June 21, 1999 To the Honorable President and Members of the Senate: To the Honorable President and Members of the Senate: I am directed to inform your honorable body that the House of I am directed to inform your honorable body that the House of Representatives has adopted the Report of the Conference Committee Representatives has adopted the Report of the Conference Committee on the disagreement to House Bill No. 504: on the disagreement to House Bill No. 1187: Respectfully submitted, Respectfully submitted, ALFRED W. SPEER ALFRED W. SPEER Clerk of the House of Representatives Clerk of the House of Representatives Message from the House Message from the House ADOPTION OF ADOPTION OF CONFERENCE COMMITTEE REPORT CONFERENCE COMMITTEE REPORT June 21, 1999 June 21, 1999 To the Honorable President and Members of the Senate: To the Honorable President and Members of the Senate: I am directed to inform your honorable body that the House of I am directed to inform your honorable body that the House of Representatives has adopted the Report of the Conference Committee Representatives has adopted the Report of the Conference Committee on the disagreement to House Bill No. 640: on the disagreement to House Bill No. 1242: Respectfully submitted, Respectfully submitted, ALFRED W. SPEER ALFRED W. SPEER Clerk of the House of Representatives Clerk of the House of Representatives Message from the House Message from the House ADOPTION OF ADOPTION OF CONFERENCE COMMITTEE REPORT CONFERENCE COMMITTEE REPORT June 21, 1999 June 21, 1999 To the Honorable President and Members of the Senate: To the Honorable President and Members of the Senate: I am directed to inform your honorable body that the House of I am directed to inform your honorable body that the House of Representatives has adopted the Report of the Conference Committee Representatives has adopted the Report of the Conference Committee on the disagreement to House Bill No. 743: on the disagreement to House Bill No. 1424: Respectfully submitted, Respectfully submitted, ALFRED W. SPEER ALFRED W. SPEER Clerk of the House of Representatives Clerk of the House of Representatives Message from the House Message from the House ADOPTION OF ADOPTION OF CONFERENCE COMMITTEE REPORT CONFERENCE COMMITTEE REPORT June 21, 1999 June 21, 1999 To the Honorable President and Members of the Senate: To the Honorable President and Members of the Senate: I am directed to inform your honorable body that the House of I am directed to inform your honorable body that the House of Representatives has adopted the Report of the Conference Committee Representatives has adopted the Report of the Conference Committee on the disagreement to House Bill No. 792: on the disagreement to House Bill No. 1445: Respectfully submitted, Respectfully submitted, ALFRED W. SPEER ALFRED W. SPEER Clerk of the House of Representatives Clerk of the House of Representatives 51st DAY'S PROCEEDINGS Page 95 SENATE June 21, 1999

Message from the House Message from the House ADOPTION OF ADOPTION OF CONFERENCE COMMITTEE REPORT CONFERENCE COMMITTEE REPORT June 21, 1999 June 21, 1999 To the Honorable President and Members of the Senate: To the Honorable President and Members of the Senate: I am directed to inform your honorable body that the House of I am directed to inform your honorable body that the House of Representatives has adopted the Report of the Conference Committee Representatives has adopted the Report of the Conference Committee on the disagreement to House Bill No. 1547: on the disagreement to House Bill No. 1973: Respectfully submitted, Respectfully submitted, ALFRED W. SPEER ALFRED W. SPEER Clerk of the House of Representatives Clerk of the House of Representatives Message from the House Message from the House ADOPTION OF ADOPTION OF CONFERENCE COMMITTEE REPORT CONFERENCE COMMITTEE REPORT June 21, 1999 June 21, 1999 To the Honorable President and Members of the Senate: To the Honorable President and Members of the Senate: I am directed to inform your honorable body that the House of I am directed to inform your honorable body that the House of Representatives has adopted the Report of the Conference Committee Representatives has adopted the Report of the Conference Committee on the disagreement to House Bill No. 1775: on the disagreement to House Bill No. 2027: Respectfully submitted, Respectfully submitted, ALFRED W. SPEER ALFRED W. SPEER Clerk of the House of Representatives Clerk of the House of Representatives Message from the House Message from the House ADOPTION OF ADOPTION OF CONFERENCE COMMITTEE REPORT CONFERENCE COMMITTEE REPORT June 21, 1999 June 21, 1999 To the Honorable President and Members of the Senate: To the Honorable President and Members of the Senate: I am directed to inform your honorable body that the House of I am directed to inform your honorable body that the House of Representatives has adopted the Report of the Conference Committee Representatives has adopted the Report of the Conference Committee on the disagreement to House Bill No. 1776: on the disagreement to House Bill No. 2076: Respectfully submitted, Respectfully submitted, ALFRED W. SPEER ALFRED W. SPEER Clerk of the House of Representatives Clerk of the House of Representatives Message from the House Message from the House ADOPTION OF ADOPTION OF CONFERENCE COMMITTEE REPORT CONFERENCE COMMITTEE REPORT June 21, 1999 June 21, 1999 To the Honorable President and Members of the Senate: To the Honorable President and Members of the Senate: I am directed to inform your honorable body that the House of I am directed to inform your honorable body that the House of Representatives has adopted the Report of the Conference Committee Representatives has adopted the Report of the Conference Committee on the disagreement to House Bill No. 1784: on the disagreement to House Bill No. 2120: Respectfully submitted, Respectfully submitted, ALFRED W. SPEER ALFRED W. SPEER Clerk of the House of Representatives Clerk of the House of Representatives Page 96 SENATE 51st DAY'S PROCEEDINGS June 21, 1999

Message from the House HOUSE CONCURRENT RESOLUTION NO. 360— BY REPRESENTATIVES WIGGINS, THORNHILL, FRUGE, FRITH, SHAW, BAUDOIN, DIEZ, FONTENOT, JENKINS, WRIGHT, AND PERKINS ADOPTION OF A CONCURRENT RESOLUTION CONFERENCE COMMITTEE REPORT To authorize the public, private, or parochial elementary and secondary school boards of this state to adopt rules or policies concerning June 21, 1999 donations from gaming licensees or permittees to the schools within those systems which are more restrictive than rules adopted To the Honorable President and Members of the Senate: or administrative actions enforced by the Louisiana Gaming Control Board. I am directed to inform your honorable body that the House of Representatives has adopted the Report of the Conference Committee Respectfully submitted, on the disagreement to House Bill No. 2265: ALFRED W. SPEER Clerk of the House of Representatives Respectfully submitted, ALFRED W. SPEER House Concurrent Resolutions Clerk of the House of Representatives Senator Bean asked for and obtained a suspension of the rules to Rules Suspended take up at this time the following House Concurrent Resolutions just received from the House which were taken up, read a first and second Senator Ewing asked for and obtained a suspension of the rules for time by their titles and acted upon as follows: the purpose of taking up at this time. HOUSE CONCURRENT RESOLUTION NO. 263— Messages from the House BY REPRESENTATIVE LANDRIEU A CONCURRENT RESOLUTION The following Messages from the House were received and read To create a special joint legislative committee on juvenile courts and as follows: juvenile justice to study and make recommendations regarding the resource needs of the four juvenile courts of the state, and possibly other courts having juvenile jurisdiction, with respect to the Message from the House adequacy of their operational funding and capital facilities, and the availability of secured detention, alternative sanctions, and ASKING CONCURRENCE IN treatment services in their respective jurisdictions. HOUSE CONCURRENT RESOLUTIONS On motion of Senator Bean, the resolution was read by title and June 21, 1999 returned to the Calendar, subject to call. To the Honorable President and Members of the Senate: HOUSE CONCURRENT RESOLUTION NO. 353— BY REPRESENTATIVES JENKINS, DEWITT, AND WIGGINS I am directed to inform your honorable body that the House of A CONCURRENT RESOLUTION Representatives has finally passed and asks your concurrence in the To commend and congratulate the Honorable Carl N. Gunter, Jr. for his following House Concurrent Resolutions: twenty years of distinguished service as a member of the Louisiana House of Representatives, and to express the appreciation of the HOUSE CONCURRENT RESOLUTION NO. 353— Legislature of Louisiana for his accomplishments and contributions BY REPRESENTATIVES JENKINS, DEWITT, AND WIGGINS to the people of Louisiana. A CONCURRENT RESOLUTION To commend and congratulate the Honorable Carl N. Gunter, Jr. for his The resolution was read by title. Senator Dyess moved to concur twenty years of distinguished service as a member of the Louisiana in the House Concurrent Resolution. House of Representatives, and to express the appreciation of the Legislature of Louisiana for his accomplishments and contributions to the people of Louisiana. ROLL CALL HOUSE CONCURRENT RESOLUTION NO. 263— The roll was called with the following result: BY REPRESENTATIVE LANDRIEU A CONCURRENT RESOLUTION YEAS To create a special joint legislative committee on juvenile courts and juvenile justice to study and make recommendations regarding the Mr. President Dyess Jordan resource needs of the four juvenile courts of the state, and possibly Bajoie Ellington Lambert other courts having juvenile jurisdiction, with respect to the Barham Fields C Landry adequacy of their operational funding and capital facilities, and the Bean Fields W Lentini availability of secured detention, alternative sanctions, and Branch Greene Malone treatment services in their respective jurisdictions. Cain Hainkel Robichaux Campbell Heitmeier Romero HOUSE CONCURRENT RESOLUTION NO. 359— Casanova Hines Schedler BY REPRESENTATIVES DOWNER, DEWITT, LEBLANC AND THOMPSON Cox Hollis Smith AND SENATORS EWING, HAINKEL AND DARDENNE A CONCURRENT RESOLUTION Cravins Irons Thomas To create the Tobacco Revenue Enhancement Task Force to study and Dardenne Johnson Ullo make recommendations regarding alternative methods by which to Dean Jones Total—35 enhance available revenue from tobacco proceeds. NAYS Total—0 ABSENT 51st DAY'S PROCEEDINGS Page 97 SENATE June 21, 1999

Boissiere Tarver Bajoie Ellington Lambert Siracusa Theunissen Barham Fields C Landry Total—4 Bean Fields W Lentini Branch Greene Malone The Chair declared the Senate had concurred in the House Cain Hainkel Robichaux Concurrent Resolution and ordered it returned to the House. Campbell Heitmeier Romero Casanova Hines Schedler Senator Hainkel in the Chair Cox Hollis Smith Dardenne Johnson Theunissen HOUSE CONCURRENT RESOLUTION NO. 359— Dean Jones Thomas BY REPRESENTATIVES DOWNER, DEWITT, LEBLANC AND THOMPSON Dyess Jordan Ullo AND SENATORS EWING, HAINKEL AND DARDENNE Total—33 A CONCURRENT RESOLUTION NAYS To create the Tobacco Revenue Enhancement Task Force to study and make recommendations regarding alternative methods by which to Total—0 enhance available revenue from tobacco proceeds. ABSENT The resolution was read by title. Senator Ewing moved to concur Mr. President Cravins Siracusa in the House Concurrent Resolution. Boissiere Irons Tarver Total—6 ROLL CALL The Chair declared the Senate had concurred in the House The roll was called with the following result: Concurrent Resolution and ordered it returned to the House. YEAS Rules Suspended Mr. President Dyess Lambert Senator Hines asked for and obtained a suspension of the rules for Bajoie Ellington Landry the purpose of taking up at this time. Barham Fields C Lentini Bean Fields W Malone Boissiere Greene Robichaux Reports of Committees Branch Hainkel Romero Cain Heitmeier Schedler The following reports of committees were received and read: Campbell Hines Smith Casanova Hollis Theunissen CONFERENCE COMMITTEE REPORT Cox Irons Thomas House Concurrent Resolution No. 259 By Representative Cravins Johnson Ullo Alexander Dardenne Jones Dean Jordan June 20, 1999 Total—37 NAYS To the Honorable Speaker and Members of the House of Representatives and the Honorable President and Members of the Total—0 Senate. ABSENT Ladies and Gentlemen: Siracusa Tarver Total—2 We, the conferees appointed to confer over the disagreement between the two houses concerning House Concurrent Resolution No. The Chair declared the Senate had concurred in the House 259 by Representative Alexander, recommend the following concerning Concurrent Resolution and ordered it returned to the House. the reengrossed resolution: HOUSE CONCURRENT RESOLUTION NO. 360— 1. That the Senate Floor Amendment proposed by Senator Bajoie and BY REPRESENTATIVES WIGGINS, THORNHILL, FRUGE, FRITH, SHAW, adopted by the Senate on June 18, 1999, be rejected. BAUDOIN, DIEZ, FONTENOT, JENKINS, WRIGHT, AND PERKINS A CONCURRENT RESOLUTION Respectfully submitted, To authorize the public, private, or parochial elementary and secondary school boards of this state to adopt rules or policies concerning Representatives: Senators: donations from gaming licensees or permittees to the schools Rodney Alexander Donald Hines within those systems which are more restrictive than rules adopted Kay Iles Noble Ellington or administrative actions enforced by the Louisiana Gaming Melinda Schwegmann Control Board. Rules Suspended The resolution was read by title. Senator Dyess moved to concur in the House Concurrent Resolution. Senator Hines asked for and obtained a suspension of the rules for the purpose of considering the Conference Committee Report. On ROLL CALL motion of Senator Hines, a vote was taken on the adoption of the report. The roll was called with the following result: YEAS Page 98 SENATE 51st DAY'S PROCEEDINGS June 21, 1999

ROLL CALL Bajoie Ellington Landry Barham Fields C Lentini The roll was called with the following result: Bean Fields W Malone Boissiere Greene Robichaux YEAS Branch Hainkel Romero Cain Heitmeier Schedler Bajoie Ellington Lambert Campbell Hines Smith Barham Fields C Landry Casanova Hollis Theunissen Bean Fields W Lentini Cox Irons Thomas Boissiere Greene Malone Cravins Johnson Ullo Branch Hainkel Robichaux Dardenne Jones Cain Heitmeier Romero Dean Jordan Campbell Hines Schedler Total—37 Casanova Hollis Smith NAYS Cox Irons Theunissen Cravins Johnson Thomas Total—0 Dardenne Jones Ullo ABSENT Dyess Jordan Total—35 Siracusa Tarver NAYS Total—2 Total—0 The Chair declared the Senate had concurred in the House ABSENT Concurrent Resolution and ordered it returned to the House. Mr. President Siracusa Called from the Calendar Dean Tarver Total—4 Senator W. Fields asked that House Concurrent Resolution No. 9 be called from the Calendar at this time. The Chair declared the Conference Committee Report was adopted. Senator Hines moved to reconsider the vote by which the HOUSE CONCURRENT RESOLUTION NO. 9— report was adopted and laid the motion on the table. BY REPRESENTATIVE TRAVIS A CONCURRENT RESOLUTION To authorize Meeks Land and Timber Company to file suit or to Rules Suspended prosecute any suit now pending against the state of Louisiana through the division of administration, state land office, concerning Senator Branch asked for and obtained a suspension of the rules a claim of ownership or possession, or both, of present or former for the purpose of taking up at this time. water bottoms under or in the vicinity of the middle fork of Thompson Creek in West Feliciana Parish, and concerning the House Concurrent Resolutions to be Adopted ownership of and the rights to the minerals associated with those Subject to Call water bottoms, and to provide for related matters. The resolution was read by title. Senator W. Fields moved to The following House Concurrent Resolutions were read and acted concur in the House Concurrent Resolution. upon as follows: ROLL CALL Called from the Calendar The roll was called with the following result: Senator Branch asked that House Concurrent Resolution No. 248 be called from the Calendar at this time. YEAS HOUSE CONCURRENT RESOLUTION NO. 248— Bajoie Dean Jordan BY REPRESENTATIVE PERKINS Barham Dyess Lambert A CONCURRENT RESOLUTION Bean Ellington Landry To encourage each city and parish school board to adopt any necessary Boissiere Fields C Lentini policies to permit teachers to maintain any or all records mandated Branch Fields W Malone by law, regulation, or requirement of the State Board of Cain Hainkel Romero Elementary and Secondary Education, the state Department of Campbell Heitmeier Schedler Education, the school board, or any school administrative Casanova Hollis Smith personnel or school system under the jurisdiction of the board, Cox Irons Theunissen through the use of electronic data processing. Cravins Johnson Ullo Dardenne Jones The resolution was read by title. Senator Branch moved to concur Total—32 in the House Concurrent Resolution. NAYS ROLL CALL Total—0 ABSENT The roll was called with the following result: Mr. President Robichaux Thomas YEAS Greene Siracusa Hines Tarver Mr. President Dyess Lambert Total—7 51st DAY'S PROCEEDINGS Page 99 SENATE June 21, 1999

On motion of Senator Ullo, the resolution was read by title and The Chair declared the Senate had concurred in the House adopted. Concurrent Resolution and ordered it returned to the House. SENATE RESOLUTION NO. 78— BY SENATOR ROMERO Called from the Calendar A RESOLUTION To commend Ian Calais on his outstanding record of achievements in Senator Dardenne asked that House Concurrent Resolution No. both academics and athletics. 241 be called from the Calendar at this time. HOUSE CONCURRENT RESOLUTION NO. 241— BY REPRESENTATIVE WALSWORTH On motion of Senator Romero, the resolution was read by title and A CONCURRENT RESOLUTION adopted. To request the Louisiana State Law Institute to study the adoption of amendments to Chapter 9 of the Uniform Commercial Code, and SENATE RESOLUTION NO. 79— BY SENATOR JONES to redraft and add comments to House Bill 2130 of the 1999 A RESOLUTION Regular Session so that it may be reintroduced in a subsequent To establish the Dr. Martin Luther King, Jr. Commission; to provide for session, and to report its findings and recommendations no later its membership, powers and responsibilities; and to provide for than January 1, 2000. related matters. The resolution was read by title. Senator Dardenne moved to On motion of Senator Jones, the resolution was read by title and concur in the House Concurrent Resolution. adopted. ROLL CALL Rules Suspended The roll was called with the following result: Senator Romero asked for and obtained a suspension of the rules for the purpose of taking up at this time. YEAS Bajoie Dyess Lambert Senate Concurrent Resolutions Barham Ellington Landry to be Adopted, Subject to Call Bean Fields C Lentini Boissiere Fields W Malone The following Senate Concurrent Resolutions to be adopted, Branch Greene Robichaux subject to call, were taken up and acted upon as follows: Cain Hainkel Romero Campbell Heitmeier Schedler Called from the Calendar Casanova Hollis Smith Cox Irons Theunissen Senator Romero asked that Senate Concurrent Resolution No. 70 Cravins Johnson Ullo be called from the Calendar at this time. Dardenne Jones Dean Jordan SENATE CONCURRENT RESOLUTION NO. 70— Total—34 BY SENATOR ROMERO NAYS A CONCURRENT RESOLUTION To urge and request the Louisiana Public Service Commission to Total—0 investigate the use of regulated funds by public utility companies ABSENT for non-regulated contracting activities. Mr. President Siracusa Thomas The resolution was read by title. Senator Romero moved to adopt Hines Tarver the Senate Concurrent Resolution. Total—5 ROLL CALL The Chair declared the Senate had concurred in the House Concurrent Resolution and ordered it returned to the House. The roll was called with the following result: Introduction of Resolutions, YEAS Senate and Concurrent Barham Fields C Lambert Senator Bean asked for and obtained a suspension of the rules for Bean Fields W Landry the purpose of introducing and reading the following Resolutions, Boissiere Greene Lentini Senate and Concurrent, a first and second time and acting upon them as Branch Hainkel Malone follows: Cain Heitmeier Romero Campbell Hines Schedler SENATE RESOLUTION NO. 77— Casanova Hollis Smith BY SENATOR ULLO Cox Irons Theunissen A RESOLUTION Dardenne Johnson Ullo To urge and request the Senate Committee on Judiciary A to study and Dean Jones make recommendations with respect to the liability the state may Dyess Jordan have relative to certain aspects of Medicaid and uncompensated Total—31 care expenditures. NAYS Ellington Page 100 SENATE 51st DAY'S PROCEEDINGS June 21, 1999

Total—1 notify the House of Representatives that the Senate has completed ABSENT its labors and is now ready to adjourn sine die. Mr. President Robichaux Thomas On motion of Senator Bean, the resolution was read by title and Bajoie Siracusa adopted. Cravins Tarver Total—7 In compliance with the resolution the President of the Senate appointed the following committee: Senators Thomas, Malone, Irons, The Chair declared the Senate had adopted the Senate Concurrent Ellington, and Jones. Resolution and ordered it sent to the House. Reports of Committees Messages from the House The committee to notify the Governor that the Senate had The following Messages from the House were received and read completed its labors and was ready to adjourn sine die returned and as follows: reported it had performed that duty. The President of the Senate thanked the Committee and discharged it. Message from the House The committee to notify the House of Representatives that the RECOMMITAL OF Senate had completed its labors and was ready to adjourn sine die CONFERENCE COMMITTEE REPORT returned and reported it had performed that duty. The President of the Senate thanked the committee and discharged it. June 21, 1999 Committee from the To the Honorable President and Members of the Senate: House of Representatives I am directed to inform your honorable body that the House of A committee from the House of Representatives appeared before Representatives has recommited the Report of the Conference the Bar of the Senate and informed the Senate that the House of Committee on the disagreement to Senate Bill No. 328: Representatives was organized and ready to adjourn sine die. Respectfully submitted, ALFRED W. SPEER Mr. President in the Chair Clerk of the House of Representatives Privilege Report of the Committee on Introduction of Senate Resolutions Senate and Governmental Affairs The following Senate Resolutions were introduced and acted upon ENROLLMENTS as follows: Senator Dardenne, Chairman on behalf of the Committee on Rules Suspended Senate and Governmental Affairs, submitted the following report: Senator Bean asked for and obtained a suspension of the rules for June 21, 1999 the purpose of taking up at this time. To the President and Members of the Senate: Introduction of Senate Resolutions I am directed by your Committee on Senate and Governmental Senator Bean asked for and obtained a suspension of the rules for Affairs to submit the following report: the purpose of introducing and reading the following Senate Resolutions a first and second time and acting upon them as follows: The following Senate Bills have been properly enrolled: SENATE RESOLUTION NO. 80 SENATE BILL NO. 154— BY SENATOR BEAN BY SENATOR SMITH A RESOLUTION AN ACT BE IT RESOLVED by the Senate of the State of Louisiana that a To amend and reenact R.S. 56:303(A), (B), and (D), 303.1, and committee of five be appointed by the President of the Senate to 303.4(A), and to enact R.S. 56:303.4(C), relative to commercial serve with a like committee from the House of Representatives to fishing licenses; to create the "fresh products license"; and to notify the Governor that the Legislature of the State of Louisiana provide for related matters. has completed its labors and is now ready to adjourn sine die. SENATE BILL NO. 170— BY SENATOR HAINKEL On motion of Senator Bean, the resolution was read by title and AN ACT adopted. To amend and reenact R.S. 17:3973(2)(b)(ii), (iii), and (iv), 3983(A)(2)(a)(ii), and 3991(B)(1) and (3) and (C)(6)(a), relative In compliance with the resolution the President of the Senate to charter schools; to provide relative to the types of charter schools appointed the following committee: Senators Hainkel, Dardenne, and the eligibility of pupils to attend such schools; to provide Barham, Schedler, Boissiere, and Lentini. relative to denial of a chartering proposal by a local school board; to provide relative to admission requirements; to provide relative SENATE RESOLUTION NO. 81 BY SENATOR BEAN to faculty requirements; and to provide for related matters. A RESOLUTION BE IT RESOLVED by the Senate of the State of Louisiana that a committee of five be appointed by the President of the Senate to 51st DAY'S PROCEEDINGS Page 101 SENATE June 21, 1999

SENATE BILL NO. 296— debt for purposes of State Bond Commission approval; and to BY SENATORS GREENE AND DARDENNE provide for related matters. AN ACT To amend and reenact R.S. 17:47(D), 500.2 and 1202, relative to sick SENATE BILL NO. 919— leave for school personnel; to eliminate the prohibition on certain BY SENATOR EWING AND REPRESENTATIVE BAYLOR, CLARKSON, deductions from the salary of a teacher or school bus driver under DUPRE, FONTENOT, GLOVER, HUDSON, JETSON, PIERRE, PINAC, PRATT, QUEZAIRE, WESTON, WILKERSON, WILLARD, WINSTON AND WRIGHT certain circumstances; to provide for the granting of certain AN ACT extended sick leave under certain circumstances; to provide for To enact Chapter 27 of Title 25 of the Louisiana Revised Statutes of additional compensation to certain teachers; to provide for the 1950, to be comprised of R.S. 25:1231 through 1236, and R.S. responsibilities of city and parish school boards and the State Board 36:744(O) and 919.6, relative to museums; to establish the Eddie of Elementary and Secondary Education; and to provide for related G. Robinson Museum Commission; to provide for its domicile; to matters. provide for membership; to provide for the powers and duties of the commission; to provide relative to funding; and to provide for SENATE BILL NO. 297 (Duplicate of House Bill No. 1792)— BY SENATOR GREENE AND REPRESENTATIVE MCDONALD AND related matters. COAUTHORED BY SENATOR DARDENNE AND REPRESENTATIVE DOWNER SENATE BILL NO. 936 (Duplicate of House Bill No. 1885)— AN ACT BY SENATOR THOMAS AND REPRESENTATIVE THOMPSON To amend and reenact R.S. 17:46(A) through (G) and (N), 1171(A), AN ACT 1172 through 1177, and 1184, relative to sabbatical leave for To amend and reenact R.S. 37:1518(A)(4), 1526(A)(2) and (B), teachers and college faculty; to repeal the authority for the granting 1549(A), 1551, 1552(3) and (4), 1553(4)(b), 1554(A), 1556, of such leaves for rest and recuperation; to provide relative to the 1557(C), and 1558 and to enact R.S. 37:1552(5), 1553(6), relative effect of such repeal on leaves previously granted; to provide for to professions and occupations; to provide relative to certain the granting of medical sabbatical leaves; to provide for the veterinary practices and technicians; to provide relative to the application and eligibility requirements for such medical sabbatical Louisiana Veterinary Practice Law, veterinary technicians, and leaves; and to provide for related matters. certified euthanasia technicians; to provide for definitions and duties; to provide for board powers and duties; to provide grounds SENATE BILL NO. 770— and procedures for disciplinary actions; to provide for applications BY SENATOR DARDENNE and for fee schedules; to provide for rules and regulations; to AN ACT provide penalties for violations; and to provide for related matters. To amend and reenact R.S. 37:751(B) and (L), 753(J), 759, 760(A)(4), (7), and (10), 761(A)(5), 764(A)(6), 770(A)(1), and (C), SENATE BILL NO. 217— 776(A)(9) and (17), 780(A)(1) and (B)(1) and (2), 781(A), (B), BY SENATOR MALONE and (C), 786(A), the introductory paragraph of 786.1(A), A JOINT RESOLUTION 788(B)(3), 789(A), and 794, to enact R.S. 37:751(N), 770(E), Proposing to amend Article IV, Section 5(E)(1) of the Constitution of 777(A)(24) and (25), 786(E), and 788(C) and (D), and to repeal Louisiana, relative to the powers and duties of the governor; to R.S. 37:751(F) and (G), 761.1, 764.1, and 769, relative to the limit the automatic pardon provision to persons convicted of a non- practice of dentistry; to provide for definitions; to provide for violent crime and certain crimes of violence; to specify an election appointments and powers and duties of the Louisiana State Board date for submission of the proposition to electors and provide a of Dentistry; to provide for board reports to the governor; to ballot proposition. provide for certain requirements for applicants for licensure and license renewals; to provide for refusal to issue, suspension, Respectfully submitted, revocation or restriction of dental or dental hygienists license; to JAY DARDENNE provide for ownership and operation of a dental practice; to provide Chairman for a board hearing, notice, and penalty on charges against an unlicensed person; to provide relative to the issuance of subpoenas; The foregoing Senate Bills were signed by the President of the to provide for appeal and stay of board decisions; to provide for Senate. violations and penalties; to provide for dispensing and administering controlled substances and for records thereof; to Privilege Report of the Committee on repeal provisions relative to retired dentists and retired dental hygienists; to repeal certain provisions relative to fees and costs; Senate and Governmental Affairs and to provide for related matters. ENROLLMENTS SENATE BILL NO. 775— BY SENATOR DARDENNE AND REPRESENTATIVE MARIONNEAUX Senator Dardenne, Chairman on behalf of the Committee on AN ACT Senate and Governmental Affairs, submitted the following report: To amend and reenact R.S. 14:30(A)(5), relative to first degree murder; to clarify certain definitions; and to provide for related matters. June 21, 1999 SENATE BILL NO. 832 (Duplicate of House Bill No. 544)— To the President and Members of the Senate: BY SENATOR ROMERO AND REPRESENTATIVE JOHNS AN ACT To amend and reenact Code of Civil Procedure Article 1732, relative to I am directed by your Committee on Senate and Governmental civil jury trials; to repeal the prohibition against jury trials in suits Affairs to submit the following report: on admiralty or general maritime claims in state court; and to provide for related matters. The following Senate Concurrent Resolutions have been properly enrolled: SENATE BILL NO. 833— BY SENATOR JOHNSON AN ACT To amend and reenact R.S. 39:1410.60(C)(1), relative to local government finances; to provide with respect to the definition of Page 102 SENATE 51st DAY'S PROCEEDINGS June 21, 1999

SENATE CONCURRENT RESOLUTION NO. 106— grandfather, great-grandfather, businessman, civic and community BY SENATOR CAIN leader. A CONCURRENT RESOLUTION To repeal Joint Rule No. 5 of the Joint Rules of the Senate and House Respectfully submitted, of Representatives, relative to the designation of a legislative JAY DARDENNE instrument as a duplicate of an instrument introduced in the other Chairman house; to repeal provisions relative to duplicate bills. The foregoing Senate Concurrent Resolutions were signed by the SENATE CONCURRENT RESOLUTION NO. 132— President of the Senate. BY SENATORS ULLO AND DARDENNE A CONCURRENT RESOLUTION To urge and request manufacturers and sellers of firearms and Message to the Governor ammunition who sell or distribute within the state of Louisiana to provide suggestions or advice on how to provide for additional SIGNED SENATE BILLS forms of safety or security relative to the sale, distribution, handling, use or storage of firearms or ammunition. June 21, 1999 SENATE CONCURRENT RESOLUTION NO. 144— To the Honorable Governor of the State of Louisiana: BY SENATOR DARDENNE AND REPRESENTATIVE LEBLANC A CONCURRENT RESOLUTION To direct the Joint Legislative Committee on the Budget to create a task The President of the Senate and the Speaker of the House of force to study the practices and standards followed by certain Representatives have signed the following Senate Bills: departments of the executive branch of state government, with SENATE BILL NO. 110— respect to contracting with nonprofit organizations, in order to BY SENATORS HOLLIS, BEAN, CAIN, COX, DYESS, HAINKEL, HINES, better assist such organizations in developing consistent LAMBERT, LANDRY, LENTINI, SCHEDLER, SIRACUSA, SMITH, TARVER, professional standards of excellence applicable to contracts with THEUNISSEN, THOMAS, ULLO, BAJOIE, BARHAM, BOISSIERE, CAMPBELL, CRAVINS, DARDENNE, DEAN, ELLINGTON, EWING, C. certain departments and agencies of state government. FIELDS, W. FIELDS, GREENE, IRONS, JORDAN, MALONE AND ROBICHAUX AND REPRESENTATIVES ANSARDI, BARTON, BAYLOR, BOWLER, BRUCE, BRUNEAU, CHAISSON, CLARKSON, DAMICO, DOERGE, SENATE CONCURRENT RESOLUTION NO. 151— DUPRE, DURAND, FAUCHEUX, FRITH, GAUTREAUX, GLOVER, HEATON, BY SENATOR ELLINGTON HEBERT, HILL, HOLDEN, JENKINS, JOHNS, KENNARD, LANCASTER, A CONCURRENT RESOLUTION LANDRIEU, LONG, MCDONALD, MICHOT, MONTGOMERY, MURRAY, To create a Juvenile Justice Study Commission to study the current ODINET, PERKINS, PINAC, POWELL, QUEZAIRE, SCHNEIDER, SCHWEGMANN, SHAW, JACK SMITH, STELLY, VITTER, WADDELL, system of serving at-risk children and youth and make WESTON, WIGGINS, WINDHORST, PRATT, TRICHE, SCALISE AND recommendations regarding ways to increase the use of programs WILKERSON and services designed to prevent and/or divert youth from being AN ACT adjudicated to the Department of Public Safety and Corrections. To enact R.S. 32:429.1, relative to the Department of Public Safety and Corrections; to provide for the establishment of a toll free hotline SENATE CONCURRENT RESOLUTION NO. 163— in the Department of Public Safety and Corrections; to provide for BY SENATOR HOLLIS the accurate and complete information to be provided and the A CONCURRENT RESOLUTION hours of operation; to require the hotline be operated by a person; To create and provide with respect to a joint legislative committee to and to provide for related matters. study and make recommendations with respect to a "do not call" list for Louisiana telephone subscribers who do not wish to receive SENATE BILL NO. 151— telephone solicitation calls. BY SENATOR BEAN AN ACT SENATE CONCURRENT RESOLUTION NO. 165— To amend and reenact the introductory paragraph of R.S. 15:41(B)(2), BY SENATOR HEITMEIER relative to search warrants; to provide for the disposition of A CONCURRENT RESOLUTION property seized in connection with criminal proceedings; to reduce To urge and request the Senate Commerce and Consumer Protection the time a court is required to hold property after seizure; and to Committee and the House Commerce Committee to meet and provide for related matters. function as a joint committee to study the various aspects regarding access to multi-tenant buildings by all registered or certificated SENATE BILL NO. 158— telecommunications providers on a nondiscriminatory basis. BY SENATORS LENTINI AND SCHEDLER AN ACT SENATE CONCURRENT RESOLUTION NO. 168— To enact R.S. 40:1299.44(D)(6), relative to medical malpractice; to BY SENATORS EWING, BAJOIE, BARHAM, BEAN, BOISSIERE, BRANCH, prohibit certain indemnity agreements by the Patient's CAIN, CAMPBELL, CASANOVA, COX, CRAVINS, DARDENNE, DEAN, DYESS, ELLINGTON, C. FIELDS, W. FIELDS, GREENE, HAINKEL, Compensation Fund Oversight Board and its employees, agents, HEITMEIER, HINES, HOLLIS, IRONS, JOHNSON, JONES, JORDAN, and representatives; to provide for discovery of certain evidence; LAMBERT, LANDRY, LENTINI, MALONE, ROBICHAUX, ROMERO, SCHEDLER, SIRACUSA, SMITH, TARVER, THEUNISSEN, THOMAS AND and to provide for related matters. ULLO A CONCURRENT RESOLUTION SENATE BILL NO. 270— To recognize and commend Coach Wilbert Ellis on six hundred career BY SENATOR DYESS wins and for his inspiration to the Grambling State University AN ACT baseball program, to pay tribute to his many contributions to To enact R.S. 40:1496(G) and 1501(E)(9), relative to fire protection Grambling State University and his community, and to wish him districts; to provide relative to the appointment of members in much success in the continuation of his celebrated career. certain parishes; to authorize the governing authority of the fire protection districts located in Rapides Parish to levy additional ad SENATE CONCURRENT RESOLUTION NO. 169— valorem taxes; to provide for voter approval of such tax; and to BY SENATOR ELLINGTON AND REPRESENTATIVE KENNEY provide for related matters. A CONCURRENT RESOLUTION To express the condolences of the Legislature of Louisiana upon the death of William E. "Bill" Young, Sr., husband, father, 51st DAY'S PROCEEDINGS Page 103 SENATE June 21, 1999

SENATE BILL NO. 393— procedure; to provide for mandatory minimum sentences for BY SENATORS DARDENNE AND LANDRY AND REPRESENTATIVE certain sex offenders; to provide for conditions of parole, MURRAY AN ACT probation, and diminution or suspension of sentence for certain sex To amend and reenact R.S. 14:79(A)(1), R.S. 46:2132(4), 2135(A) and offenders; and to provide for related matters. (B), 2136(F) and 2137(A), Children’s Code Arts. 1569(B) and SENATE BILL NO. 559— 1571(B), and Code of Civil Procedure Art. 3603.1(B); and to BY SENATOR JORDAN enact Children’s Code Arts. 1570(I); and to repeal Children's Code AN ACT Art. 1569(G); relative to domestic violence; to provide for To amend and reenact R.S. 32:663, 664, 667, and 668, relative to violations of criminal stay-away orders; to provide relative to motor vehicles; to provide for operation of motor vehicles while temporary restraining and protective orders; to provide for the intoxicated; to provide for approval of methods used to determine duration of protective orders in domestic abuse cases; and to intoxication; to provide for license suspension and revocation provide for related matters. procedures for violations; and to provide for related matters. SENATE BILL NO. 426— SENATE BILL NO. 597 (DUPLICATE OF HOUSE BILL BY SENATOR MALONE NO. 679)— AN ACT BY SENATOR SCHEDLER AND REPRESENTATIVE JOHNS AND To amend and reenact R.S. 40:1472.1, 1472.2(1) and (12), 1472.3(A), COAUTHORED BY SENATOR HINES AND BY REPRESENTATIVE (B), (D), (E), (G), and (H), 1472.5(C), (E), (F), and (G), MCMAINS 1472.7(A), 1472.8, 1472.9(A) and (D), 1472.10(A)(1), (4), and AN ACT (6), and (B), the introductory paragraph of 1472.11(A), 1472.14, To amend and reenact R.S. 9:2797 and Civil Code Art.2322.1, and to 1472.16(B), and 1472.17, and to enact R.S. 40:1472.2(27) and enact R.S. 9:5628.1, relative to the prescriptive and peremptive (28) and 1472.20, relative to the regulation of explosives; provides periods for liability from the use of blood and tissue; to provide for that the deputy secretary for public safety services of the a prescriptive period of one year and a peremptive period of three Department of Public Safety and Corrections shall exercise the years from the date of the cause of action, act, omission, or neglect; power and authority of the secretary of the department in to provide for the effectiveness of such provisions; to provide for regulating explosives; to provide for certain exemptions to definitions; to provide relative to the burden of proof; to provide for reporting and licensing requirements; to provide for a fund for the the date actions must be filed; and to provide for related matters. administration of explosives regulation and licensing; to authorize the deputy secretary to grant written approval to licensees for SENATE BILL NO. 672— BY SENATOR HAINKEL alternative methods of handling, storage, use and sale of AN ACT explosives; to dedicate monies received from fines and penalties; To enact R.S. 49:316.1, relative to state agencies; to authorize state to establish the Explosives Trust Fund as a special fund in the state departments, agencies, boards, and commissions to accept credit, treasury; and to provide for related matters. debit or similar cards in payment of obligations; to authorize the treasurer to contract with providers for such card services to state SENATE BILL NO. 441— BY SENATOR COX AND REPRESENTATIVE JOHNS departments, agencies, boards and commissions; to require the AN ACT treasurer to promulgate rules and guidelines for the processing of To amend and reenact R.S. 33:4065.1 and 4065.2(A), (B) and (F), credit and debit card transactions with the treasury; and to provide 4065.3(C) and (G), 4065.4(B) and (C), and 4065.5 and R.S. for related matters. 40:5.6, to repeal R.S. 33:4065.2(D) and (H), and to rename the title of Subpart F-1 of Part II of Chapter 9 of Title 33 of the SENATE BILL NO. 819— BY SENATOR EWING Louisiana Revised Statutes of 1950, relative to safe drinking water; AN ACT to provide for the development, management, and maintenance of To amend and reenact R.S. 39:128(B), relative to certain higher safe water supplies for residential, commercial, and governmental education capital outlay projects; to increase the threshold for the users; to provide for monitoring of public water supplies; to exemption of such projects for the capital outlay process; and to provide for certain sewage and water districts and for the provide for related matters. composition and functions of such districts to develop, monitor, and maintain safe public water supplies and the disposal or SENATE BILL NO. 820— treatment of contaminated public water supplies in certain BY SENATOR EWING municipalities; and to provide for related matters. AN ACT To amend and reenact R.S. 24:603.1, relative to health insurance; to SENATE BILL NO. 454— require that an impact report be prepared and attached to proposed BY SENATOR DARDENNE AND REPRESENTATIVE LANCASTER legislation which provides for certain mandated health insurance AN ACT coverage prior to any committee hearing on the legislation; and to To amend and reenact R.S. 42:1102(8), relative to ethics; to provide for provide for related matters. the definition of "controlling interest"; and to provide for related matters. SENATE BILL NO. 886— BY SENATOR SMITH SENATE BILL NO. 476— AN ACT BY SENATOR HAINKEL To amend and reenact R.S. 33:1563(G), relative to coroners; to require AN ACT submission of information required for a death certificate within To amend and reenact R.S. 13:4581, relative to posting of civil bonds; ten days after the receipt of all test results associated with the to provide that the state, state agencies, and political subdivisions investigation into the cause and manner of death; and to provide shall not be required to furnish any appeal bond or any other bond for related matters. in any judicial proceedings; and to provide for related matters. SENATE BILL NO. 977— SENATE BILL NO. 511— BY SENATOR JOHNSON AND REPRESENTATIVES COPELIN AND BY SENATOR CRAVINS AND REPRESENTATIVES MURRAY AND MURRAY SCHNEIDER AN ACT AN ACT To enact R.S. 14:107.3, relative to the criminal offense of blighting of To amend and reenact R.S. 15:536, 537, 538(C)(1), and 574.4(B) and property; to provide for the offense; to provide for definitions; to Code of Criminal Procedure Art. 895(E), relative to criminal provide for penalties; and to provide for related matters. Page 104 SENATE 51st DAY'S PROCEEDINGS June 21, 1999

SENATE BILL NO. 1089— THOMPSON, THORNHILL, WARNER, WESTON, WIGGINS, WOOTON AND BY SENATORS HINES AND BAJOIE WRIGHT AN ACT AN ACT To amend and reenact R.S. 46:1403(A)(4), (8), and (9) and to enact To amend and reenact R.S. 40:1299.35.1, 1299.35.2, 1299.35.4, R.S. 46:1403(A)(10) and 1427, relative to day care facilities; to 1299.35.10(A)(18) and 1299.35.12, and to repeal R.S. define “day care center” and “relative”; to provide exceptions; and 40:1299.35.3, relative to abortion; to provide for definitions; to to provide for related matters. provide with respect to abortion after viability of the unborn child; to provide for legislative findings and purpose; to prohibit the SENATE BILL NO. 116— performance or inducement of an abortion unless performed or BY SENATORS CAIN, BARHAM, SMITH, DYESS, SCHEDLER, THOMAS, induced by a physician licensed by the state; to require the HINES AND ROMERO AND REPRESENTATIVES DEVILLE, SALTER, performance of an ultrasound test prior to performing or inducing THOMPSON AND WALSWORTH A JOINT RESOLUTION an abortion or termination of pregnancy after viability; to prohibit Proposing to amend Article VII, Section 14(B) of the Constitution of the performance or inducement of an abortion after viability; to Louisiana; to allow the state to donate asphalt removed from state provide for termination of pregnancy after viability under certain roads and highways to certain governing authorities; and to specify circumstances and for certification of reason thereof; to provide for an election for submission of the proposition to electors and certain information contained in an abortion report; to provide for provide a ballot proposition. emergency exceptions; to provide for severability provisions; and to provide for related matters. SENATE BILL NO. 256— BY SENATORS HINES, EWING, IRONS, BAJOIE, SCHEDLER, DARDENNE, SENATE BILL NO. 1075— HAINKEL, BARHAM, BEAN, BOISSIERE, CAIN, CAMPBELL, CASANOVA, BY SENATOR SMITH CRAVINS, DYESS, ELLINGTON, C. FIELDS, W. FIELDS, HOLLIS, JOHNSON, AN ACT JONES, LAMBERT, LANDRY, LENTINI, ROBICHAUX, SIRACUSA, SMITH, TARVER THEUNISSEN, THOMAS AND ULLO AND REPRESENTATIVES To amend and reenact R.S. 48:295.2(B), (D), and (E), and to enact R.S. DEWITT, DOWNER, MCMAINS, DURAND, FRITH, GLOVER, GUILLORY, 48:295.2(G), relative to contracts for transportation construction; HOLDEN, HUNTER, MURRAY, PRATT AND THOMPSON to provide hearings for disqualification of bidders and contractors AN ACT on such projects; to provide for certain reports to certain legislative To amend and reenact R.S. 46:976(A)(5), (B)(1) and (2), the committees; to provide for re-qualification; and to provide for introductory paragraph of (C), (D), and (E) and to repeal R.S. related matters. 46:976(F), relative to the Children's Health Insurance Program; to expand eligibility criteria for the program and for implementation SENATE BILL NO. 217— thereof; to provide relative to a private insurance model; to provide BY SENATOR MALONE an effective date; and to provide for related matters. A JOINT RESOLUTION Proposing to amend Article IV, Section 5(E)(1) of the Constitution of SENATE BILL NO. 257— Louisiana, relative to the powers and duties of the governor; to BY SENATORS DYESS AND ELLINGTON AND REPRESENTATIVE limit the automatic pardon provision to persons convicted of a non- WIGGINS violent crime and certain crimes of violence; to specify an election A JOINT RESOLUTION date for submission of the proposition to electors and provide a Proposing to amend Article VIII, Section 13(D) of the Constitution of ballot proposition. Louisiana, to remove the grant to the school system operated in Wards 9, 10, and 11 of Rapides Parish that it shall be regarded and SENATE BILL NO. 858— treated as a parish and shall have the authority granted parishes, BY SENATORS DARDENNE, EWING, HAINKEL, BARHAM, SCHEDLER, including the purposes of funding and the raising of certain local BEAN, DEAN AND ROMERO AND REPRESENTATIVES MCMAINS, DEWITT, DOWNER, JOHNS, CRANE, FLAVIN, SCALISE, SHAW, WIGGINS, revenues for the support of elementary and secondary schools; to CLARKSON AND WRIGHT provide for submission of the proposed amendment to the electors; AN ACT and to provide for related matters. To enact R.S. 48:35(F) through (I), relative to public liability; to provide for the duty of the Department of Transportation and Development SENATE BILL NO. 294— BY SENATOR HEITMEIER AND REPRESENTATIVE WINDHORST or any political subdivision of the state with respect to highway and A JOINT RESOLUTION bridge construction and maintenance; to provide for the Proposing to amend Article X, Section 10(A)(1) of the Constitution of inadmissibility of certain evidence; and to provide for related Louisiana, relative to state and city civil service rules; to authorize matters. supplemental pay to certain police officers from funds available; SENATE BILL NO. 1036 (Duplicate of House Bill No. 1316)— and to specify an election for submission of the proposition to BY SENATOR JOHNSON AND REPRESENTATIVE WILLARD electors and provide a ballot proposition. AN ACT To enact Chapter 29 of Title 33 of the Louisiana Revised Statutes of SENATE BILL NO. 863— BY SENATORS HAINKEL, DARDENNE, BARHAM, SCHEDLER AND 1950, to be comprised of R.S. 33:9061, relative to neighborhood LANDRY AND REPRESENTATIVES DEWITT, DOWNER, MCMAINS, DIEZ, improvement districts; to create the Lake Carmel Subdivision CRANE AND TOOMY Improvement District as a special taxing district in the parish of AN ACT Orleans; to provide relative to a board of commissioners created to To enact Chapter 48 of Title 34 of the Louisiana Revised Statutes of govern the district; to provide for the powers, duties, and functions 1950, to be comprised of R.S. 34:3471 through 3486, relative to of such board; to authorize the board, subject to voter approval; to the Millennium Port Authority; to create the authority and provide provide for the levying of a parcel fee; and to provide for related for a board of commissioners to govern the authority; to provide matters. for the authority's powers, duties, and responsibilities; and to provide for related matters. SENATE BILL NO. 154— BY SENATOR SMITH SENATE BILL NO. 1031— AN ACT BY SENATORS GREENE, CASANOVA, DYESS, HINES AND SCHEDLER To amend and reenact R.S. 56:303(A), (B), and (D), 303.1, and AND REPRESENTATIVES ANSARDI, BAUDOIN, BOWLER, CRANE, DEVILLE, DIEZ, DONELON, DOWNER, DUPRE, DURAND, FAUCHEUX, 303.4(A), and to enact R.S. 56:303.4(C), relative to commercial FLAVIN, FONTENOT, FRITH, FRUGE, GAUTREAUX, HEBERT, HOPKINS, fishing licenses; to create the "fresh products license"; and to HUDSON, JENKINS, JOHNS, KENNARD, KENNEY, LANCASTER, provide for related matters. LANDRIEU, MARTINY, MCCALLUM, MCDONALD, MICHOT, MONTGOMERY, NEVERS, ODINET, PERKINS, POWELL, RIDDLE, ROMERO, SCALISE, SCHNEIDER, SHAW, JACK SMITH, SNEED, 51st DAY'S PROCEEDINGS Page 105 SENATE June 21, 1999

SENATE BILL NO. 170— SENATE BILL NO. 832 (Duplicate of House Bill No. 544)— BY SENATOR HAINKEL BY SENATOR ROMERO AND REPRESENTATIVE JOHNS AN ACT AN ACT To amend and reenact R.S. 17:3973(2)(b)(ii), (iii), and (iv), To amend and reenact Code of Civil Procedure Article 1732, relative to 3983(A)(2)(a)(ii), and 3991(B)(1) and (3) and (C)(6)(a), relative civil jury trials; to repeal the prohibition against jury trials in suits to charter schools; to provide relative to the types of charter schools on admiralty or general maritime claims in state court; and to and the eligibility of pupils to attend such schools; to provide provide for related matters. relative to denial of a chartering proposal by a local school board; to provide relative to admission requirements; to provide relative SENATE BILL NO. 833— to faculty requirements; and to provide for related matters. BY SENATOR JOHNSON AN ACT SENATE BILL NO. 296— To amend and reenact R.S. 39:1410.60(C)(1), relative to local BY SENATORS GREENE AND DARDENNE government finances; to provide with respect to the definition of AN ACT debt for purposes of State Bond Commission approval; and to To amend and reenact R.S. 17:47(D), 500.2 and 1202, relative to sick provide for related matters. leave for school personnel; to eliminate the prohibition on certain deductions from the salary of a teacher or school bus driver under SENATE BILL NO. 919— certain circumstances; to provide for the granting of certain BY SENATOR EWING AND REPRESENTATIVE BAYLOR, CLARKSON, DUPRE, FONTENOT, GLOVER, HUDSON, JETSON, PIERRE, PINAC, PRATT, extended sick leave under certain circumstances; to provide for QUEZAIRE, WESTON, WILKERSON, WILLARD, WINSTON AND WRIGHT additional compensation to certain teachers; to provide for the AN ACT responsibilities of city and parish school boards and the State Board To enact Chapter 27 of Title 25 of the Louisiana Revised Statutes of of Elementary and Secondary Education; and to provide for related 1950, to be comprised of R.S. 25:1231 through 1236, and R.S. matters. 36:744(O) and 919.6, relative to museums; to establish the Eddie G. Robinson Museum Commission; to provide for its domicile; to SENATE BILL NO. 297 (Duplicate of House Bill No. 1792)— provide for membership; to provide for the powers and duties of BY SENATOR GREENE AND REPRESENTATIVE MCDONALD AND COAUTHORED BY SENATOR DARDENNE AND REPRESENTATIVE the commission; to provide relative to funding; and to provide for DOWNER related matters. AN ACT To amend and reenact R.S. 17:46(A) through (G) and (N), 1171(A), SENATE BILL NO. 936 (Duplicate of House Bill No. 1885)— 1172 through 1177, and 1184, relative to sabbatical leave for BY SENATOR THOMAS AND REPRESENTATIVE THOMPSON teachers and college faculty; to repeal the authority for the granting AN ACT of such leaves for rest and recuperation; to provide relative to the To amend and reenact R.S. 37:1518(A)(4), 1526(A)(2) and (B), effect of such repeal on leaves previously granted; to provide for 1549(A), 1551, 1552(3) and (4), 1553(4)(b), 1554(A), 1556, the granting of medical sabbatical leaves; to provide for the 1557(C), and 1558 and to enact R.S. 37:1552(5), 1553(6), relative application and eligibility requirements for such medical sabbatical to professions and occupations; to provide relative to certain leaves; and to provide for related matters. veterinary practices and technicians; to provide relative to the Louisiana Veterinary Practice Law, veterinary technicians, and SENATE BILL NO. 770— certified euthanasia technicians; to provide for definitions and BY SENATOR DARDENNE duties; to provide for board powers and duties; to provide grounds AN ACT and procedures for disciplinary actions; to provide for applications To amend and reenact R.S. 37:751(B) and (L), 753(J), 759, 760(A)(4), and for fee schedules; to provide for rules and regulations; to (7), and (10), 761(A)(5), 764(A)(6), 770(A)(1), and (C), provide penalties for violations; and to provide for related matters. 776(A)(9) and (17), 780(A)(1) and (B)(1) and (2), 781(A), (B), and (C), 786(A), the introductory paragraph of 786.1(A), and they are hereby presented for executive approval. 788(B)(3), 789(A), and 794, to enact R.S. 37:751(N), 770(E), 777(A)(24) and (25), 786(E), and 788(C) and (D), and to repeal Respectfully submitted, R.S. 37:751(F) and (G), 761.1, 764.1, and 769, relative to the MICHAEL S. BAER, III practice of dentistry; to provide for definitions; to provide for Secretary of the Senate appointments and powers and duties of the Louisiana State Board of Dentistry; to provide for board reports to the governor; to Message to the Secretary of State provide for certain requirements for applicants for licensure and license renewals; to provide for refusal to issue, suspension, revocation or restriction of dental or dental hygienists license; to SIGNED provide for ownership and operation of a dental practice; to provide SENATE CONCURRENT RESOLUTIONS for a board hearing, notice, and penalty on charges against an unlicensed person; to provide relative to the issuance of subpoenas; June 21, 1999 to provide for appeal and stay of board decisions; to provide for violations and penalties; to provide for dispensing and To the Honorable Secretary of State: administering controlled substances and for records thereof; to repeal provisions relative to retired dentists and retired dental The President of the Senate and the Speaker of the House of hygienists; to repeal certain provisions relative to fees and costs; Representatives have signed the following Senate Concurrent and to provide for related matters. Resolutions: SENATE BILL NO. 775— SENATE CONCURRENT RESOLUTION NO. 53— BY SENATOR DARDENNE AND REPRESENTATIVE MARIONNEAUX BY SENATOR HEITMEIER AN ACT A CONCURRENT RESOLUTION To amend and reenact R.S. 14:30(A)(5), relative to first degree murder; To urge and request the Department of Health and Hospitals to take to clarify certain definitions; and to provide for related matters. necessary steps to continue providing accessible health care services to the residents of Algiers, Louisiana. Page 106 SENATE 51st DAY'S PROCEEDINGS June 21, 1999

SENATE CONCURRENT RESOLUTION NO. 67— SENATE CONCURRENT RESOLUTION NO. 121— BY SENATOR DARDENNE BY SENATORS JOHNSON AND BARHAM A CONCURRENT RESOLUTION A CONCURRENT RESOLUTION To authorize and direct the commissioner of administration to establish To direct the governor of the state of Louisiana, the president of the a Year 2000 contingency planning committee to develop and Senate, and the speaker of the House of Representatives to, implement a statewide contingency plan as it relates to disruptions individually or jointly, take appropriate action to prohibit smoking caused by the Year 2000 problem. throughout the state capitol thereby creating and declaring the capitol a "smoke-free" environment. SENATE CONCURRENT RESOLUTION NO. 119— BY SENATOR C. FIELDS SENATE CONCURRENT RESOLUTION NO. 125— A CONCURRENT RESOLUTION BY SENATOR SCHEDLER To urge and request the Department of Transportation and A CONCURRENT RESOLUTION Development to install a left-turn signal at the intersection of To urge and request the Department of Public Safety and Corrections, Scenic Highway and Mills Avenue in Scotlandville in East Baton the Louisiana Highway Safety Commission, and the director of the Rouge Parish. Council on Automobile Insurance Rates and Enforcement (C.A.I.R.E.) to study the feasibility of implementing a driver SENATE CONCURRENT RESOLUTION NO. 126— violation point system. BY SENATORS BOISSIERE AND HAINKEL A CONCURRENT RESOLUTION SENATE CONCURRENT RESOLUTION NO. 133— To recognize the Louisiana Diabetes Council, Southeast Region, as an BY SENATORS HINES AND LANDRY organization dedicated toward improving the recognition, A CONCURRENT RESOLUTION education, and treatment of the disease, diabetes mellitus, and To urge and request the Department of Health and Hospitals to study reducing the long- term costs to the state for treating patients with the effect of existing diabetes management/education programs in diabetes mellitus and its many complications. the state. SENATE CONCURRENT RESOLUTION NO. 88— SENATE CONCURRENT RESOLUTION NO. 141— BY SENATOR BARHAM BY SENATOR HINES A CONCURRENT RESOLUTION A CONCURRENT RESOLUTION To urge and request the House Committee on Ways and Means and the To create a task force to study the impact of assisted conception and Senate Committee on Revenue and Fiscal Affairs to meet and to artificial means of reproduction relative to state law. function as a joint committee to study and investigate the tax laws of Louisiana and report to the legislature with respect thereto and SENATE CONCURRENT RESOLUTION NO. 153— to urge and request the Louisiana State Law Institute to form a BY SENATORS EWING, BARHAM, DARDENNE, ELLINGTON, HAINKEL AND TARVER committee on taxation to study and investigate particular areas of A CONCURRENT RESOLUTION the tax laws of Louisiana at the direction of and in consultation To urge and request the Board of Commissioners of the Louisiana with the joint committee and to report to the joint committee in the Stadium and Exposition District to rename the Superdome to the manner and as requested by the joint committee. "John J. McKeithen Superdome" and that Governor M. J. "Mike" Foster join with the legislature in requesting that the board take SENATE CONCURRENT RESOLUTION NO. 99— BY SENATORS HINES AND LANDRY such action. A CONCURRENT RESOLUTION To urge and request the Department of Health and Hospitals to study SENATE CONCURRENT RESOLUTION NO. 106— BY SENATOR CAIN the effect of disease management/education combined with A CONCURRENT RESOLUTION pharmaceutical compliance on health complications of asthma. To repeal Joint Rule No. 5 of the Joint Rules of the Senate and House of Representatives, relative to the designation of a legislative SENATE CONCURRENT RESOLUTION NO. 110— BY SENATORS DARDENNE AND LANDRY AND REPRESENTATIVES instrument as a duplicate of an instrument introduced in the other ALARIO, CLARKSON, MONTGOMERY, SCALISE, TRICHE AND WELCH house; to repeal provisions relative to duplicate bills. A CONCURRENT RESOLUTION To urge and request subcommittees of the House Committee on SENATE CONCURRENT RESOLUTION NO. 132— Appropriations, the House Committee on Health and Welfare, the BY SENATORS ULLO AND DARDENNE Senate Committee on Finance, and the Senate Committee on A CONCURRENT RESOLUTION Health and Welfare as herein provided to meet and to function as To urge and request manufacturers and sellers of firearms and a joint committee to identify and analyze the various waiting lists ammunition who sell or distribute within the state of Louisiana to of Louisiana citizens with mental retardation or other provide suggestions or advice on how to provide for additional developmental disabilities in need of community services and forms of safety or security relative to the sale, distribution, support and to study the effectiveness and funding of the handling, use or storage of firearms or ammunition. community services delivery system in meeting those needs. SENATE CONCURRENT RESOLUTION NO. 144— SENATE CONCURRENT RESOLUTION NO. 112— BY SENATOR DARDENNE AND REPRESENTATIVE LEBLANC BY SENATOR JONES A CONCURRENT RESOLUTION A CONCURRENT RESOLUTION To direct the Joint Legislative Committee on the Budget to create a task To urge and request the governor of the state of Louisiana to launch an force to study the practices and standards followed by certain initiative on violence in schools. departments of the executive branch of state government, with respect to contracting with nonprofit organizations, in order to SENATE CONCURRENT RESOLUTION NO. 115— better assist such organizations in developing consistent BY SENATOR JOHNSON AND REPRESENTATIVES DURAND AND professional standards of excellence applicable to contracts with HUDSON certain departments and agencies of state government. A CONCURRENT RESOLUTION To urge and request the Department of Health and Hospitals to utilize a portion of monies which may be appropriated to the department from monies the state receives from the tobacco settlement to research and study the high rate of lung cancer among black men residing in south Louisiana. 51st DAY'S PROCEEDINGS Page 107 SENATE June 21, 1999

SENATE CONCURRENT RESOLUTION NO. 151— SENATE CONCURRENT RESOLUTION NO. 136— BY SENATOR ELLINGTON BY SENATORS CAIN AND SMITH A CONCURRENT RESOLUTION A CONCURRENT RESOLUTION To create a Juvenile Justice Study Commission to study the current To memorialize the Congress of the United States to pass the Flag system of serving at-risk children and youth and make Protection Amendment, an amendment to the Constitution of the recommendations regarding ways to increase the use of programs United States giving Congress the authority to pass laws protecting and services designed to prevent and/or divert youth from being the United States flag from desecration. adjudicated to the Department of Public Safety and Corrections. SENATE CONCURRENT RESOLUTION NO. 138— SENATE CONCURRENT RESOLUTION NO. 163— BY SENATOR SCHEDLER BY SENATOR HOLLIS A CONCURRENT RESOLUTION A CONCURRENT RESOLUTION To create the Louisiana Public Mental Health Review Commission to To create and provide with respect to a joint legislative committee to study the feasibility of restructuring the public mental health study and make recommendations with respect to a "do not call" system to reflect the challenges facing the system in the twenty- list for Louisiana telephone subscribers who do not wish to receive first century. telephone solicitation calls. SENATE CONCURRENT RESOLUTION NO. 145— SENATE CONCURRENT RESOLUTION NO. 165— BY SENATOR LANDRY AND REPRESENTATIVE DIEZ BY SENATOR HEITMEIER A CONCURRENT RESOLUTION A CONCURRENT RESOLUTION To urge and request the Joint Committee on Transportation, Highways, To urge and request the Senate Commerce and Consumer Protection and Public Works to conduct a study of both deep draft and Committee and the House Commerce Committee to meet and shallow draft ports throughout the state. function as a joint committee to study the various aspects regarding access to multi-tenant buildings by all registered or certificated SENATE CONCURRENT RESOLUTION NO. 159— telecommunications providers on a nondiscriminatory basis. BY SENATORS DARDENNE, CAIN, CAMPBELL, COX, DEAN, DYESS, EWING, HINES, HOLLIS, LAMBERT, LANDRY, ROMERO, SCHEDLER, SMITH, THEUNISSEN AND ULLO SENATE CONCURRENT RESOLUTION NO. 168— A CONCURRENT RESOLUTION BY SENATORS EWING, BAJOIE, BARHAM, BEAN, BOISSIERE, BRANCH, CAIN, CAMPBELL, CASANOVA, COX, CRAVINS, DARDENNE, DEAN, To provide for legislative approval of the formula developed by the State DYESS, ELLINGTON, C. FIELDS, W. FIELDS, GREENE, HAINKEL, Board of Elementary and Secondary Education and adopted by the HEITMEIER, HINES, HOLLIS, IRONS, JOHNSON, JONES, JORDAN, board on June 10, 1999, to determine the cost of a minimum LAMBERT, LANDRY, LENTINI, MALONE, ROBICHAUX, ROMERO, SCHEDLER, SIRACUSA, SMITH, TARVER, THEUNISSEN, THOMAS AND foundation program of education in all public elementary and ULLO secondary schools as well as to equitably allocate the funds to A CONCURRENT RESOLUTION parish and city school systems. To recognize and commend Coach Wilbert Ellis on six hundred career wins and for his inspiration to the Grambling State University SENATE CONCURRENT RESOLUTION NO. 166— baseball program, to pay tribute to his many contributions to BY SENATOR BAJOIE AND REPRESENTATIVES PRATT AND WILKERSON Grambling State University and his community, and to wish him A CONCURRENT RESOLUTION much success in the continuation of his celebrated career. To commend and express sincere appreciation to Delta Sigma Theta Sorority, Inc., for selecting Baton Rouge, Louisiana as the site of SENATE CONCURRENT RESOLUTION NO. 169— its 37th Conference of the Southwest Region, and to designate BY SENATOR ELLINGTON AND REPRESENTATIVE KENNEY June 24 -27 Delta Sigma Theta Sorority Week in Louisiana. A CONCURRENT RESOLUTION To express the condolences of the Legislature of Louisiana upon the SENATE CONCURRENT RESOLUTION NO. 167— death of William E. "Bill" Young, Sr., husband, father, BY SENATOR HAINKEL grandfather, great-grandfather, businessman, civic and community A CONCURRENT RESOLUTION leader. To express the sincere condolences of the Legislature of Louisiana on the death of Cecil Morgan, political leader, business leader, judge, SENATE CONCURRENT RESOLUTION NO. 117— dean, Louisiana legend, father, grandfather, great grandfather, BY SENATORS IRONS AND C. FIELDS great-great grandfather, friend, and Christian. A CONCURRENT RESOLUTION To urge and request the State Board of Elementary and Secondary SENATE CONCURRENT RESOLUTION NO. 161— Education to establish a task force to study the feasibility of BY SENATORS COX AND CAIN AND REPRESENTATIVE HILL providing as a requirement for high school graduation a course of A CONCURRENT RESOLUTION study in life management and marriage and relationship skills or To commend Starks Business and Civic Association, the Starks the inclusion of such instruction in the health education Volunteer Fire Department, the Starks Historical Society, the curriculum, and to make a report to the Senate and House Starks Lions Club, the Starks VFW Post Number 4759, Willard committees on education prior to the 2000 Regular Session. and Evelyn White, James Ray Franks, James and Lillian Karr, Earl Stark, Sandy Treme, and Wayne Stanley for their efforts in SENATE CONCURRENT RESOLUTION NO. 124— developing and establishing the Mayhaw Festival. BY SENATOR SMITH A CONCURRENT RESOLUTION SENATE CONCURRENT RESOLUTION NO. 164— To memorialize the Congress of the United States to provide funding BY SENATORS THOMAS, SCHEDLER AND REPRESENTATIVE WINSTON for the construction of the Big Creek Recreation Access Project. A CONCURRENT RESOLUTION To express the sincere condolences of the Legislature of Louisiana upon SENATE CONCURRENT RESOLUTION NO. 131— the death of Albert "Smitty" Smith, husband, father, brother, BY SENATORS DARDENNE AND SCHEDLER veteran, civic/community leader, public service leader, friend, and A CONCURRENT RESOLUTION Christian. To create the Task Force on Motor Vehicle Speed Differential and Highway Safety to study and make recommendations as to the Respectfully submitted, feasibility of a speed differential between freight bearing motor MICHAEL S. BAER, III vehicles and other motor vehicles on the highways of the state or Secretary of the Senate other methods to address safety issues involving the interaction of such vehicles traveling throughout the state. Page 108 SENATE 51st DAY'S PROCEEDINGS June 21, 1999

Privilege Report of the Committee on SENATE RESOLUTION NO. 71— BY SENATOR COX Senate and Governmental Affairs A RESOLUTION To commend Father Raymond Anthony Michael Jones of Sacred Heart ENROLLMENTS Church for his commitment to promote religious and family values. Senator Dardenne, Chairman on behalf of the Committee on Senate and Governmental Affairs, submitted the following report: SENATE RESOLUTION NO. 72— BY SENATOR W. FIELDS AND C. FIELDS A RESOLUTION June 21, 1999 To express the sincere condolences of the Senate of the Legislature of Louisiana on the death of Karla Wade Johnson, mother, daughter, To the President and Members of the Senate: granddaughter, niece, godchild, civic/community leader, teacher, counselor, director, friend, and Christian. I am directed by your Committee on Senate and Governmental Affairs to submit the following report: SENATE RESOLUTION NO. 73— BY SENATORS HINES, BAJOIE, BARHAM, BEAN, BOISSIERE, BRANCH, The following Senate Resolutions have been properly enrolled: CAIN, CAMPBELL, CASANOVA, COX, CRAVINS, DARDENNE, DEAN, DYESS, ELLINGTON, EWING, C. FIELDS, W. FIELDS, GREENE, HAINKEL, HEITMEIER, HOLLIS, IRONS, JOHNSON, JONES, JORDAN, LAMBERT, SENATE RESOLUTION NO. 63— LANDRY, LENTINI, MALONE, ROBICHAUX, ROMERO, SCHEDLER, BY SENATORS LENTINI AND SCHEDLER SIRACUSA, SMITH, TARVER, THEUNISSEN, THOMAS AND ULLO A RESOLUTION A RESOLUTION To urge and request the Department of Health and Hospitals and the To invite the Honorable B.G. Dyess, Senator to present the opening Department of Environmental Quality to study development of a prayer at the Organizational Session of the Senate. system to monitor serious chemical exposures and other serious substance exposures to individuals. SENATE RESOLUTION NO. 74— BY SENATOR DYESS SENATE RESOLUTION NO. 64— A RESOLUTION BY SENATOR C. FIELDS AND W. FIELDS To commend and congratulate Kathryn Elizabeth Vandersteen on her A RESOLUTION high school accomplishments. To commend the Louisiana Leadership Institute, its director, Amanda Larkins, and those seniors participating in the program. SENATE RESOLUTION NO. 75— BY SENATOR HAINKEL SENATE RESOLUTION NO. 65— A RESOLUTION BY SENATOR HOLLIS To condemn canned-hunts. A RESOLUTION To commend Vinson and Claire Serio on their thirty years of active Respectfully submitted, civic and community service. JAY DARDENNE Chairman SENATE RESOLUTION NO. 66— BY SENATOR ELLINGTON The foregoing Senate Resolutions were signed by the President of A RESOLUTION the Senate and presented to the Secretary of State by the Secretary. To urge and request the Senate Committee on Judiciary B and the Senate Committee on Education to function as a joint committee; to study the feasibility of transferring the state and private juvenile Message from the House correction facilities educational programs from the Department of Public Safety and Corrections to a specially created school district SIGNED HOUSE CONCURRENT RESOLUTIONS within the State Board of Elementary and Secondary Education. June 21, 1999 SENATE RESOLUTION NO. 67— BY SENATOR ELLINGTON To the Honorable President and Members of the Senate: A RESOLUTION To commend Ken Ward for completing his doctoral dissertation in the I am directed to inform your honorable body that the Speaker of the area of legislative ethics. House of Representatives has signed the following House Concurrent Resolutions: SENATE RESOLUTION NO. 69— BY SENATORS CASANOVA, GREENE, BAJOIE, BARHAM, BEAN, HOUSE CONCURRENT RESOLUTION NO. 1— BOISSIERE, BRANCH, CAIN, CAMPBELL, COX, CRAVINS, DARDENNE, BY REPRESENTATIVE SALTER DEAN, ELLINGTON, EWING, C. FIELDS, W. FIELDS, HAINKEL, HEITMEIER, HINES, HOLLIS, IRONS, JOHNSON, JONES, JORDAN, A CONCURRENT RESOLUTION LAMBERT, LANDRY, LENTINI, MALONE, ROBICHAUX, ROMERO, To urge and request the office of elderly affairs not to make certain SCHEDLER, SMITH, TARVER, THEUNISSEN, THOMAS AND ULLO planning and service area changes and federal funding distribution A RESOLUTION changes relative to the Older Americans Act. To commend and congratulate Senator B. G. Dyess on his contributions to the state as a minister and public official. HOUSE CONCURRENT RESOLUTION NO. 23— BY REPRESENTATIVE WILKERSON SENATE RESOLUTION NO. 70— A CONCURRENT RESOLUTION BY SENATOR THOMAS AND REPRESENTATIVES STRAIN AND NEVERS To urge and request the State Board of Commerce and Industry to urge A RESOLUTION recipients of the industrial tax exemption to provide internships to To express the sincere condolences of the Senate of the Legislature of students attending Louisiana educational institutions. Louisiana upon the death of David W. Bickham, son, husband, father, brother, civic/community leader, friend and Christian. 51st DAY'S PROCEEDINGS Page 109 SENATE June 21, 1999

HOUSE CONCURRENT RESOLUTION NO. 38— To urge and request the federal government not to attempt to recover BY REPRESENTATIVE HEBERT any of the tobacco settlement money granted to the state of A CONCURRENT RESOLUTION Louisiana. To urge and request the legislature and its agencies to use plain language to the extent possible in the drafting of laws, rules, and HOUSE CONCURRENT RESOLUTION NO. 138— regulations and in all communications with the public and to urge BY REPRESENTATIVE PRATT and request the governor and the statewide elected officials to A CONCURRENT RESOLUTION request all executive branch agencies to use plain language to the To create the Task Force on Alternative Education Programs, hereafter extent possible in the drafting of rules and regulations and in all referred to as the "task force", to be in existence for the period communications with the public. from its first meeting not later than April 1, 2000, through October 31, 2000, to review the most effective operation of alternative HOUSE CONCURRENT RESOLUTION NO. 57— education programs for students, including any current programs BY REPRESENTATIVE LONG AND SENATOR SMITH in operation, and to report its findings and recommendations to the A CONCURRENT RESOLUTION House Committee on Education and the Senate Committee on To urge and request the Department of Transportation and Education at least sixty days prior to the beginning of the 2000 Development to select the route of the east-west corridor project Regular Session. from the Mississippi state line to the Texas state line in the vicinity of Louisiana Highway 84 and Louisiana Highway 6. HOUSE CONCURRENT RESOLUTION NO. 162— BY REPRESENTATIVE MURRAY HOUSE CONCURRENT RESOLUTION NO. 63— A CONCURRENT RESOLUTION BY REPRESENTATIVE FAUCHEUX AND SENATOR LAMBERT To urge and request the Honorable M.J. "Mike" Foster, governor of A CONCURRENT RESOLUTION Louisiana, to take appropriate action to prevent the New Orleans To urge and request the Department of Transportation and Saints football franchise from having to relocate to another city. Development to install a left-turn signal light at the intersection of Louisiana Highway 3125 and Louisiana Highway 3274 in St. HOUSE CONCURRENT RESOLUTION NO. 170— James Parish, Louisiana. BY REPRESENTATIVES DOWNER, DUPRE, GAUTREAUX, THERIOT, AND TRICHE AND SENATOR LANDRY HOUSE CONCURRENT RESOLUTION NO. 64— A CONCURRENT RESOLUTION BY REPRESENTATIVES DOWNER, BARTON, BAUDOIN, CRANE, DOERGE, To urge and request the Department of Transportation and KENNEY, LONG, MCDONALD, POWELL, PRATT, SALTER, SHAW, Development to divide Highway District 2 and create an additional WINSTON, WRIGHT, AND JETSON A CONCURRENT RESOLUTION district. To urge and request the Department of Public Safety and Corrections HOUSE CONCURRENT RESOLUTION NO. 173— and the Department of Labor to work together to develop a BY REPRESENTATIVES MURRAY AND QUEZAIRE comprehensive prison education, vocation, and rehabilitation A CONCURRENT RESOLUTION program which encourages industry-based training with competent To urge and request the Louisiana Public Service Commission to transferable skills. formulate and begin broadcasting public service announcements to warn consumers against the illegal practices of slamming and HOUSE CONCURRENT RESOLUTION NO. 90— cramming. BY REPRESENTATIVE CLARKSON A CONCURRENT RESOLUTION HOUSE CONCURRENT RESOLUTION NO. 180— To urge and request the House and Senate Committees on BY REPRESENTATIVES MCDONALD, BARTON, BAUDOIN, CRANE, Transportation, Highways and Public Works to review all CURTIS, DOERGE, KENNEY, NEVERS, POWELL, PRATT, SHAW, SNEED, information relative to the installation of the video or photo AND WRIGHT AND SENATORS GREENE, JONES, AND THEUNISSEN monitoring system on the Greater New Orleans Mississippi River A CONCURRENT RESOLUTION Bridge and to request the Crescent City Connection Division of the To create the Task Force on School Discipline and Safety, hereinafter Department of Transportation and Development to report to, and referred to as the "task force", to be in existence for the period submit such information to, the House and Senate Transportation, from its first meeting not later than July 15, 1999, through Highways and Public Works Committees. December 15, 1999, to study and review current policies, procedures, programs, and laws in place in Louisiana as well as in HOUSE CONCURRENT RESOLUTION NO. 93— other select states as the task force deems appropriate relative to BY REPRESENTATIVE WALSWORTH providing disciplined, safe, and productive learning environments A CONCURRENT RESOLUTION for all children, including effective measures for assisting students To urge and request the Louisiana State Law Institute to study and who engage in or who are at risk of engaging in disruptive and make recommendations to the legislature on Code of Civil disorderly behavior, and to report its findings and Procedure Article 1263, which provides for service of process on recommendations to the House Committee on Education and the a partnership through "any partner". Senate Committee on Education by not later than January 15, 2000. HOUSE CONCURRENT RESOLUTION NO. 101— BY REPRESENTATIVES DURAND, ALARIO, ALEXANDER, ANSARDI, HOUSE CONCURRENT RESOLUTION NO. 204— BARTON, BAUDOIN, BAYLOR, BOWLER, BRUCE, BRUNEAU, CARTER, BY REPRESENTATIVES WALSWORTH AND ALEXANDER CHAISSON, CLARKSON, COPELIN, CRANE, CURTIS, DAMICO, DANIEL, DEVILLE, DEWITT, DIEZ, DOERGE, DONELON, DOWNER, DUPRE, FARVE, A CONCURRENT RESOLUTION FAUCHEUX, FLAVIN, FONTENOT, FRITH, FRUGE, GAUTREAUX, GLOVER, To urge and request the State Board of Elementary and Secondary GREEN, GUILLORY, HAMMETT, HEATON, HEBERT, HILL, HOLDEN, HOPKINS, HUDSON, HUNTER, ILES, JENKINS, JETSON, JOHNS, KENNARD, Education to develop a program of instruction on school bus KENNEY, LANCASTER, LANDRIEU, LEBLANC, LONG, MARIONNEAUX, safety, to adopt policies requiring each city and parish school board MARTINY, MCCAIN, MCCALLUM, MCDONALD, MCMAINS, MICHOT, to provide such instruction to students in kindergarten through MITCHELL, MONTGOMERY, MORRELL, MORRISH, MURRAY, NEVERS, ODINET, PERKINS, PIERRE, PINAC, POWELL, PRATT, QUEZAIRE, RIDDLE, grade three, and to submit such proposed program of instruction to ROMERO, SALTER, SCALISE, SCHNEIDER, SCHWEGMANN, SHAW, JACK the House Committee on Education and the Senate Committee on SMITH, JOHN SMITH, SNEED, STELLY, STRAIN, THERIOT, THOMPSON, Education for review and comment at least thirty days prior to the THORNHILL, TOOMY, TRAVIS, TRICHE, WADDELL, WALSWORTH, WARNER, WELCH, WESTON, WIGGINS, WILKERSON, WILLARD, approval of such program by the board. WINDHORST, WINSTON, WOOTON, AND WRIGHT A CONCURRENT RESOLUTION Page 110 SENATE 51st DAY'S PROCEEDINGS June 21, 1999

HOUSE CONCURRENT RESOLUTION NO. 205— HOUSE CONCURRENT RESOLUTION NO. 43— BY REPRESENTATIVE WESTON AND SENATORS DARDENNE AND BY REPRESENTATIVE LONG JORDAN A CONCURRENT RESOLUTION A CONCURRENT RESOLUTION To urge and request the legislative auditor to conduct a comprehensive To memorialize the to amend federal law study and comparison of state-operated correctional and privately relating to the compensation of retired military personnel to permit operated facilities in Louisiana to determine the overall full, concurrent receipt of military longevity pay and service- effectiveness and efficiency of each. connected disability compensation pay. HOUSE CONCURRENT RESOLUTION NO. 46— HOUSE CONCURRENT RESOLUTION NO. 210— BY REPRESENTATIVE WRIGHT BY REPRESENTATIVE WILKERSON A CONCURRENT RESOLUTION A CONCURRENT RESOLUTION To urge and request the Department of Wildlife and Fisheries to study To urge and request the boards of trustees of all state and statewide the results and consequences of the introduction of livestock on the public retirement systems to establish an internship program for Dewey Wills Wildlife Management Area, and to report findings undergraduate college students who would not ordinarily have an and recommendations to the House and Senate Committees on opportunity to work directly in administrative or managerial Natural Resources prior to the convening of the 2000 Regular positions in major corporations and allow such students to be Session of the Legislature. exposed to the administrative and managerial functions involved in the business and financial aspects of the retirement industry. HOUSE CONCURRENT RESOLUTION NO. 56— BY REPRESENTATIVES ANSARDI AND CHAISSON AND SENATOR HOUSE CONCURRENT RESOLUTION NO. 222— LANDRY BY REPRESENTATIVE HOLDEN A CONCURRENT RESOLUTION A CONCURRENT RESOLUTION To memorialize the United States Congress to appropriate sufficient To memorialize the United States Congress to continue to support and funds to install lighting on Interstate Highway 10 and Interstate fund the United States-Asia Environmental Partnership, the Highway 310 in the vicinity of the intersection of Jefferson Parish, Environmental Technology Network for Asia, and the Council of Louisiana, and St. Charles Parish, Louisiana. State Governments' State Environmental Initiative. HOUSE CONCURRENT RESOLUTION NO. 58— HOUSE CONCURRENT RESOLUTION NO. 273— BY REPRESENTATIVE LONG AND SENATOR SMITH BY REPRESENTATIVE ALEXANDER A CONCURRENT RESOLUTION A CONCURRENT RESOLUTION To urge and request the Department of Transportation and To urge and request the Department of Public Safety and Corrections Development to investigate solutions to flooding problems at Black to honor out-of-state motor vehicle inspection stickers until their Lake/Clear Lake and to present to the legislature by March 1, expiration. 2000, a report detailing its findings and recommendations. HOUSE CONCURRENT RESOLUTION NO. 15— HOUSE CONCURRENT RESOLUTION NO. 59— BY REPRESENTATIVE ANSARDI BY REPRESENTATIVES RIDDLE, DEWITT, DOWNER, MCMAINS, DIEZ, A CONCURRENT RESOLUTION AND CRANE AND SENATORS DARDENNE, EWING, HAINKEL, BARHAM, SCHEDLER, AND LANDRY To memorialize the United States Department of Commerce, the United A CONCURRENT RESOLUTION States Department of Transportation, the National Transportation To authorize and request the Louisiana State Law Institute to review the Safety Board, and the United States Environmental Protection following statutory provisions and in all locations it deems Agency, to require all barges, cargo ships, and commercial vessels appropriate change current references to the Department of Health of any type transporting hazardous materials on the navigable and Human Resources to the correct agency indicated. waters of the state to identify all hazardous materials being transported by utilizing a placarding system recognized by the HOUSE CONCURRENT RESOLUTION NO. 89— United Nations or the North American Placarding System. BY REPRESENTATIVE WALSWORTH A CONCURRENT RESOLUTION HOUSE CONCURRENT RESOLUTION NO. 16— To designate the square dance as the American Folk Dance of the state BY REPRESENTATIVE MURRAY of Louisiana. A CONCURRENT RESOLUTION To request the House Committee on House and Governmental Affairs HOUSE CONCURRENT RESOLUTION NO. 99— and the Senate Committee on Senate and Governmental Affairs to BY REPRESENTATIVE QUEZAIRE meet and to function as a joint committee to study the feasibility of A CONCURRENT RESOLUTION increasing campaign contribution limits based on the rate of To urge and request the state Department of Health and Hospitals to inflation and to report the findings of the joint committee to the monitor any action by the federal government that would affect the legislature prior to the convening of the 2001 Regular Session. patients' rights to remain at the Gillis Long Hansen's Disease Center. HOUSE CONCURRENT RESOLUTION NO. 19— BY REPRESENTATIVES BAYLOR AND BAUDOIN HOUSE CONCURRENT RESOLUTION NO. 139— A CONCURRENT RESOLUTION BY REPRESENTATIVES DANIEL AND LEBLANC AND SENATORS To request the enforcement of littering laws and the renewal of efforts HAINKEL AND DARDENNE to beautify the communities of the state of Louisiana. A CONCURRENT RESOLUTION To request the House Committee on Civil Law and Procedure and the HOUSE CONCURRENT RESOLUTION NO. 36— Senate Committee on Judiciary A to meet and to function as a joint BY REPRESENTATIVE MICHOT committee to study and make recommendations with respect to the A CONCURRENT RESOLUTION practices of state departments, boards, and commissions relative to To urge and request the Department of Public Safety and Corrections, contracting for outside legal counsel for general counsel duties in office of motor vehicles, to extend its office hours and to open lieu of utilizing the attorney general as counsel. additional "express" offices. 51st DAY'S PROCEEDINGS Page 111 SENATE June 21, 1999

HOUSE CONCURRENT RESOLUTION NO. 183— HOUSE CONCURRENT RESOLUTION NO. 212— BY REPRESENTATIVE THOMPSON BY REPRESENTATIVE WESTON A CONCURRENT RESOLUTION A CONCURRENT RESOLUTION To urge and request the Department of Transportation and To urge and request the Department of Culture, Recreation and Development to study the drainage problems along Interstate Tourism to develop a plan for implementation of a golf trail in the Highway 20 in Richland Parish and especially in the towns of state of Louisiana and to submit such plan and related Rayville, Delhi, and Start. recommendations to the Legislature of Louisiana. HOUSE CONCURRENT RESOLUTION NO. 185— HOUSE CONCURRENT RESOLUTION NO. 221— BY REPRESENTATIVE FLAVIN BY REPRESENTATIVE MCCALLUM A CONCURRENT RESOLUTION A CONCURRENT RESOLUTION To memorialize the United States Congress to restore budget cuts to the To urge and request the Louisiana State Law Institute to study a U.S. Geological Survey's water resources programs, particularly the successor's rights relative to transfers of succession interests in State-Federal Cooperative program. immovable property prior to the judicial opening of the succession, the effect of creating a peremptive period for actions arising out of HOUSE CONCURRENT RESOLUTION NO. 197— transfers of succession interests in immovable property which BY REPRESENTATIVES STELLY, BOWLER, DANIEL, DURAND, FLAVIN, occurred prior to the judicial opening of the succession, and to JOHNS, SHAW, TRICHE, WILKERSON, AND WALSWORTH A CONCURRENT RESOLUTION report its findings and recommendations to the Legislature of To memorialize the Congress of the United States to preserve the right Louisiana no later than January 1, 2001. of state and local governments to operate pension plans for their HOUSE CONCURRENT RESOLUTION NO. 2— employees in place of the federal social security system and to BY REPRESENTATIVE GUILLORY develop legislation for responsible reform of the federal social A CONCURRENT RESOLUTION security system that does not include mandatory participation by To urge and request the Department of Transportation and employees of state and local governments. Development to study the traffic problems at the intersection of Prien Lake Road and Interstate 210 in Lake Charles, and to HOUSE CONCURRENT RESOLUTION NO. 200— consider the inclusion of traffic mitigation improvements at this BY REPRESENTATIVES LONG, ALARIO, ALEXANDER, ANSARDI, BARTON, BAUDOIN, BAYLOR, BOWLER, BRUCE, BRUNEAU, CARTER, intersection when compiling the Highway Priority Program. CHAISSON, CLARKSON, COPELIN, CRANE, CURTIS, DAMICO, DANIEL, DEVILLE, DEWITT, DIEZ, DOERGE, DONELON, DOWNER, DUPRE, DURAND, FARVE, FAUCHEUX, FLAVIN, FONTENOT, FRITH, FRUGE, HOUSE CONCURRENT RESOLUTION NO. 5— GAUTREAUX, GLOVER, GREEN, GUILLORY, HAMMETT, HEATON, BY REPRESENTATIVE MORRISH HEBERT, HILL, HOLDEN, HOPKINS, HUDSON, HUNTER, ILES, JENKINS, A CONCURRENT RESOLUTION JETSON, JOHNS, KENNARD, KENNEY, LANCASTER, LANDRIEU, To urge and request the Department of Public Safety and Corrections, LEBLANC, MARIONNEAUX, MARTINY, MCCAIN, MCCALLUM, MCDONALD, MCMAINS, MICHOT, MITCHELL, MONTGOMERY, office of state police, to strictly enforce the provisions of the MORRELL, MORRISH, MURRAY, NEVERS, ODINET, PERKINS, PIERRE, Louisiana Revised Statutes which govern vehicles driving on the PINAC, POWELL, PRATT, QUEZAIRE, RIDDLE, ROMERO, SALTER, right side of the road, overtaking, and passing. SCALISE, SCHNEIDER, SCHWEGMANN, SHAW, JACK SMITH, JOHN SMITH, SNEED, STELLY, STRAIN, THERIOT, THOMPSON, THORNHILL, TOOMY, TRAVIS, TRICHE, WADDELL, WALSWORTH, WARNER, WELCH, HOUSE CONCURRENT RESOLUTION NO. 7— WESTON, WIGGINS, WILKERSON, WILLARD, WINDHORST, WINSTON, BY REPRESENTATIVES LONG AND JOHN SMITH AND SENATOR SMITH WOOTON, AND WRIGHT AND SENATORS BRANCH, CASANOVA, DEAN, ELLINGTON, W. FIELDS, GREENE, AND THEUNISSEN A CONCURRENT RESOLUTION A CONCURRENT RESOLUTION To urge and request the Department of Transportation and To urge and request Northwestern State University, through its Development to establish a rest area at the and management board, to designate an existing scholarship available Highway 6 interchange and to urge and request the Department of to students enrolled in the College of Education in the name of the Culture, Recreation and Tourism to maintain a tourist information Honorable Everett G. Doerge, former State Representative. center at that site. HOUSE CONCURRENT RESOLUTION NO. 201— HOUSE CONCURRENT RESOLUTION NO. 11— BY REPRESENTATIVE FAUCHEUX AND SENATOR LANDRY BY REPRESENTATIVE LONG AND SENATOR SMITH A CONCURRENT RESOLUTION A CONCURRENT RESOLUTION To urge and request the Department of Transportation and To urge and request the Department of Transportation and Development to install lighting at the intersections of Interstate Development and United States Army Corps of Engineers to study Highway 55 and Interstate Highway 10 and Interstate Highway 10 drainage problems on the lower Cane River in Natchitoches Parish, and United States Highway 51 in La Place, Louisiana. Louisiana, and make recommendations to the legislature prior to the 2000 Regular Session. HOUSE CONCURRENT RESOLUTION NO. 211— BY REPRESENTATIVES FLAVIN, JOHNS, AND STELLY HOUSE CONCURRENT RESOLUTION NO. 12— A CONCURRENT RESOLUTION BY REPRESENTATIVE LONG AND SENATOR SMITH To urge and request the governor to renegotiate this state's obligation A CONCURRENT RESOLUTION under the federal Social Security Act and particularly Section 218 To urge and request the Department of Transportation and thereof, with the objective of releasing from participation therein Development to erect lighting at the intersection of Interstate those municipalities whose police departments are covered by both Highway 49 and Louisiana Highway 6 in Natchitoches Parish, the federal social security system and the Municipal Police Louisiana. Employees' Retirement System; further requests the governor to HOUSE CONCURRENT RESOLUTION NO. 13— make it a high state priority to work with this state's congressional BY REPRESENTATIVE JOHN SMITH delegation to accomplish the same objective through federal A CONCURRENT RESOLUTION legislation, if federal law, rule, or regulation preempts this state's To request that the Department of Natural Resources study the governor from such renegotiation. possibility of establishment of new rental and royalty requirements for the lease of state land and the possibility of incorporating such new requirements into existing leases. Page 112 SENATE 51st DAY'S PROCEEDINGS June 21, 1999

HOUSE CONCURRENT RESOLUTION NO. 18— HOUSE CONCURRENT RESOLUTION NO. 75— BY REPRESENTATIVE BAYLOR AND SENATOR BAJOIE BY REPRESENTATIVE HEBERT A CONCURRENT RESOLUTION A CONCURRENT RESOLUTION To encourage municipal officials to provide increased funding for To urge and request the Department of Natural Resources to study the youth-based facilities, programs, and services of recreation effects of the Keystone Lock and Dam located on Bayou Teche on departments and agencies as a budget priority. fields and siltation, and to report study findings and recommendations to the House and Senate Committees on Natural HOUSE CONCURRENT RESOLUTION NO. 20— Resources prior to the convening of the 2000 Regular Session of BY REPRESENTATIVE BAYLOR AND SENATOR BAJOIE the Legislature. A CONCURRENT RESOLUTION To proclaim support for the Boys and Girls Clubs of America and their HOUSE CONCURRENT RESOLUTION NO. 84— services to the youth of our communities and urge municipal BY REPRESENTATIVE DEWITT officials to become better informed about the benefits of working A CONCURRENT RESOLUTION with these organizations. To urge and request the Board of Supervisors of Louisiana State University and Agricultural and Mechanical College to reconsider HOUSE CONCURRENT RESOLUTION NO. 24— a recent change in its season ticket policy for football, basketball, BY REPRESENTATIVE WILLARD and baseball that provides for season ticket renewal only by the A CONCURRENT RESOLUTION account holder and for very limited changes in the account holder. To direct the Louisiana Gaming Control Board to study the feasibility, practicality, and effectiveness of offering compulsive gambling HOUSE CONCURRENT RESOLUTION NO. 87— services in more than one language. BY REPRESENTATIVE WALSWORTH A CONCURRENT RESOLUTION HOUSE CONCURRENT RESOLUTION NO. 26— To urge and request the Louisiana State Board of Examiners of Nursing BY REPRESENTATIVE THERIOT Facility Administrators to waive all or part of administrator-in- A CONCURRENT RESOLUTION training requirements for internships completed for persons with To direct the Department of Transportation and Development to install degrees in gerontology. a traffic light at the intersection of Louisiana Highway 1 and Louisiana Highway 3235 in Cut Off, Louisiana, Lafourche Parish HOUSE CONCURRENT RESOLUTION NO. 94— no later than one hundred twenty days after passage of this BY REPRESENTATIVES COPELIN AND WILKERSON Resolution. A CONCURRENT RESOLUTION To urge and request the House and Senate Health and Welfare HOUSE CONCURRENT RESOLUTION NO. 28— Committees to meet and function as a joint committee to study BY REPRESENTATIVE FAUCHEUX AND SENATOR LAMBERT potential reforms of the Medicaid system. A CONCURRENT RESOLUTION To urge and request the Department of Transportation and HOUSE CONCURRENT RESOLUTION NO. 98— Development to construct an exit ramp from Louisiana Highway BY REPRESENTATIVES HEBERT, ROMERO, AND WIGGINS AND 3213 to Louisiana Highway 641 in Gramercy, Louisiana. SENATOR ROMERO A CONCURRENT RESOLUTION HOUSE CONCURRENT RESOLUTION NO. 29— To memorialize the United States Congress to take appropriate action to BY REPRESENTATIVE FAUCHEUX provide that reimbursement of operational expenses of school bus A CONCURRENT RESOLUTION drivers who own their own school buses and are contract To urge and request the Department of Transportation and employees of a school system will not be taxed as income. Development to install a new traffic light at the intersection of Louisiana Highway 3274 and Louisiana Highway 3125 in HOUSE CONCURRENT RESOLUTION NO. 103— Gramercy, Louisiana. BY REPRESENTATIVES DURAND, DEWITT, DOWNER, MCMAINS, DIEZ, CRANE, DOERGE, FRITH, MICHOT, MORRELL, MURRAY, PINAC, POWELL, SCHNEIDER, AND SCHWEGMANN AND SENATORS DARDENNE, EWING, HOUSE CONCURRENT RESOLUTION NO. 30— HAINKEL, BARHAM, AND SCHEDLER BY REPRESENTATIVE FAUCHEUX A CONCURRENT RESOLUTION A CONCURRENT RESOLUTION To create a task force to study and make recommendations to the To urge and request the Department of Transportation and legislature on issues affecting the flammability of upholstered Development to update and modernize Louisiana Highway 3274, furniture. located in the town of Gramercy, Louisiana. HOUSE CONCURRENT RESOLUTION NO. 105— HOUSE CONCURRENT RESOLUTION NO. 66— BY REPRESENTATIVE LONG AND SENATOR SMITH BY REPRESENTATIVE JETSON A CONCURRENT RESOLUTION A CONCURRENT RESOLUTION To urge and request the Department of Transportation and To urge and request the division of administration to study and develop Development to raise the Black Lake Bridge located along a strategy to preserve public access to public waterways and to Louisiana Highway 9 in Natchitoches Parish and to include in the report findings and recommendations to the House and Senate bridge replacement project, listed in the Highway Priority Program Committees on Natural Resources prior to the convening of the and scheduled for construction in Fiscal Year 2001-2002, a plan 2000 Regular Session of the Legislature. to raise the approaches to such bridge. HOUSE CONCURRENT RESOLUTION NO. 74— HOUSE CONCURRENT RESOLUTION NO. 107— BY REPRESENTATIVE FARVE BY REPRESENTATIVES DANIEL, DOWNER, DEWITT, DIEZ, MCMAINS, A CONCURRENT RESOLUTION AND CRANE AND SENATORS DARDENNE, EWING, HAINKEL, BARHAM, To urge and request the Department of Public Safety and Corrections AND SCHEDLER to promulgate rules to authorize and encourage members of the A CONCURRENT RESOLUTION clergy to provide daily ministerial services to state and parish To memorialize the United States Congress to amend the Federal prisoners. Migratory Bird Conservation Act (16 U.S.C.A. 715) to authorize certain states to issue temporary federal duck stamp privileges through electronic license issuance systems. 51st DAY'S PROCEEDINGS Page 113 SENATE June 21, 1999

HOUSE CONCURRENT RESOLUTION NO. 121— reported average annual cost to the state and its political BY REPRESENTATIVE ILES AND SENATOR CAIN subdivisions to care for adults and juveniles incarcerated in A CONCURRENT RESOLUTION correctional facilities. To urge and request the Department of Transportation and Development to install a traffic light at the intersection of HOUSE CONCURRENT RESOLUTION NO. 236— Louisiana Highway No. 114 and Louisiana Highway No. 171 in BY REPRESENTATIVES WILKERSON AND DOWNER Beauregard Parish, Louisiana. A CONCURRENT RESOLUTION To urge and request the office of state parks of the Department of HOUSE CONCURRENT RESOLUTION NO. 142— Culture, Recreation and Tourism and other persons and agencies BY REPRESENTATIVE THERIOT to proceed with efforts to make Camp Ruston a state A CONCURRENT RESOLUTION commemorative area. To memorialize the Congress of the United States to authorize and to urge the governor of the state of Louisiana to support the HOUSE CONCURRENT RESOLUTION NO. 238— development of the "Comprehensive Hurricane Protection Plan for BY REPRESENTATIVES CLARKSON, FLAVIN, AND LEBLANC Coastal Louisiana" by the U.S. Army Corps of Engineers to A CONCURRENT RESOLUTION provide continuous hurricane protection from Morgan City to the To direct the Louisiana Real Estate Commission and the Louisiana Mississippi border. REALTORS Association to form a working task force to study the possibility of improving real estate licensee educational programs HOUSE CONCURRENT RESOLUTION NO. 143— throughout the state. BY REPRESENTATIVE POWELL AND SENATOR SCHEDLER A CONCURRENT RESOLUTION HOUSE CONCURRENT RESOLUTION NO. 242— To urge and request the Department of Transportation and BY REPRESENTATIVE WINSTON Development to install lighting at the intersections of Interstate A CONCURRENT RESOLUTION Highway 55 and U.S. Highway 190, Interstate Highway 55 and To urge and request the to adopt rules Wardline Road, and Interstate Highway 12 and U.S. Highway 51 governing the appointment of counsel for children in Child In in Hammond, Louisiana. Need of Care proceedings. HOUSE CONCURRENT RESOLUTION NO. 153— HOUSE CONCURRENT RESOLUTION NO. 245— BY REPRESENTATIVE JOHN SMITH BY REPRESENTATIVE WINSTON A CONCURRENT RESOLUTION A CONCURRENT RESOLUTION To establish the Louisiana Alligator Task Force and to provide for its To urge and request the Judicial Council of the Supreme Court of membership, powers, duties, and responsibilities, and to provide Louisiana to review child support guidelines for the purpose of for submission of a report. determining whether those guidelines are sufficient to implement the purposes for which they were enacted, to determine the effects HOUSE CONCURRENT RESOLUTION NO. 159— of inflation and economic development on those guidelines, and to BY REPRESENTATIVE THERIOT recommend any changes which the Judicial Council believes are A CONCURRENT RESOLUTION necessary in order to insure that those guidelines continue to reflect To memorialize the United States Congress to support the efforts of the needs of the children. United States Senators and and United States Representatives , , Jim HOUSE CONCURRENT RESOLUTION NO. 253— McCrery, William Jefferson, and John Cooksey to enact the BY REPRESENTATIVE PERKINS Conservation and Reinvestment Act of 1999. A CONCURRENT RESOLUTION To urge and request the State Board of Elementary and Secondary HOUSE CONCURRENT RESOLUTION NO. 172— Education to adopt rules and procedures permitting a city or parish BY REPRESENTATIVE FAUCHEUX AND SENATOR LANDRY school board, under specified circumstances, to add elective A CONCURRENT RESOLUTION courses to its program of studies for high school students without To urge and request the Department of Transportation and obtaining the approval of the state Department of Education and Development to install a left-turn lane and an acceleration lane on for BESE to treat successful completion of such courses by U.S. Highway 61 at the entrance to the Reserve Christian Church students in the same manner as successful completion by students and School in St. John Parish. of elective courses that have been approved by the department. HOUSE CONCURRENT RESOLUTION NO. 213— HOUSE CONCURRENT RESOLUTION NO. 255— BY REPRESENTATIVE QUEZAIRE AND SENATOR LANDRY BY REPRESENTATIVE WIGGINS A CONCURRENT RESOLUTION A CONCURRENT RESOLUTION To urge and request the Department of Transportation and To urge and request the Department of Culture, Recreation and Development to erect signs indicating the location of the Tourism and the Department of Transportation and Development community of Wallace, Louisiana. to preserve a portion of Military Highway as an historical route. HOUSE CONCURRENT RESOLUTION NO. 231— HOUSE CONCURRENT RESOLUTION NO. 282— BY REPRESENTATIVE WALSWORTH BY REPRESENTATIVE WINSTON A CONCURRENT RESOLUTION A CONCURRENT RESOLUTION To urge and request the Department of Public Safety and Corrections, To urge and request the House Committee on Health and Welfare and office of motor vehicles, to authorize third parties to administer the the Senate Committee on Health and Welfare to meet and function skills tests necessary to obtain drivers' licenses. as a joint committee to study the methods by which children are identified and placed when adoption is indicated. HOUSE CONCURRENT RESOLUTION NO. 234— BY REPRESENTATIVE MURRAY HOUSE CONCURRENT RESOLUTION NO. 351— A CONCURRENT RESOLUTION BY REPRESENTATIVES FAUCHEUX, CHAISSON, AND QUEZAIRE AND To urge and request the State Board of Elementary and Secondary SENATORS LAMBERT AND LANDRY Education to study the feasibility of developing, adopting, and A CONCURRENT RESOLUTION submitting to the legislature for its approval and funding a To commend Mr. Cleveland Farlough on the occasion of his retirement minimum foundation program formula that provides a base per from the position of Superintendent of Schools of St. John the pupil funding amount at least equal to one-half of the most recently Baptist Parish. Page 114 SENATE 51st DAY'S PROCEEDINGS June 21, 1999

HOUSE CONCURRENT RESOLUTION NO. 85— Houston Independent School District and the feasibility of BY REPRESENTATIVE WALSWORTH implementing such programs in Louisiana and to report its findings A CONCURRENT RESOLUTION and recommendations to the House Committee on Education and To urge and request the Louisiana State Law Institute to study whether the Senate Committee on Education by not later than February 1, the Code of Civil Procedure should be amended to allow in certain 2000. cases, when prayed for by the plaintiff, the sale of mortgaged property under a writ of fifa without appraisal. HOUSE CONCURRENT RESOLUTION NO. 206— BY REPRESENTATIVES MCDONALD AND SHAW HOUSE CONCURRENT RESOLUTION NO. 147— A CONCURRENT RESOLUTION BY REPRESENTATIVE CARTER AND SENATOR THOMAS To urge and request the State Board of Elementary and Secondary A CONCURRENT RESOLUTION Education to direct efforts within the state Department of To urge and request the Department of Transportation and Education toward reducing the requirements for paperwork and Development to install a traffic light at the intersection of other noninstructional tasks placed on teachers, including a Louisiana Highway 38 and 13th Street in Kentwood, Louisiana, revision of procedures and requirements aimed at streamlining Tangipahoa Parish. paperwork, eliminating duplications, finding ways to more fully utilize teachers' talents during instructional time, eliminating the HOUSE CONCURRENT RESOLUTION NO. 149— waste of teachers' talents on noninstructional activities, and BY REPRESENTATIVES WILKERSON AND DURAND A CONCURRENT RESOLUTION developing plans that include more volunteer parents and others as To urge and request that Indian contribute to the state participants in extracurricular activities and to submit a written Compulsive and Problem Gambling Fund, monies from which are report on the progress of these efforts to the House Committee on used to treat and prevent compulsive gambling. Education and the Senate Committee on Education prior to the beginning of the 2000 Regular Session. HOUSE CONCURRENT RESOLUTION NO. 154— BY REPRESENTATIVE QUEZAIRE HOUSE CONCURRENT RESOLUTION NO. 250— BY REPRESENTATIVES FAUCHEUX, QUEZAIRE, CHAISSON, AND A CONCURRENT RESOLUTION ANSARDI AND SENATORS LANDRY AND LAMBERT To urge and request the Department of Agriculture and Forestry to A CONCURRENT RESOLUTION continue its excellent efforts encouraging merchants to To urge and request the Louisiana Highway Safety Commission to aggressively promote Louisiana products. study the cause or causes of the Mother's Day bus accident which occurred in New Orleans, Louisiana, and to report its findings and HOUSE CONCURRENT RESOLUTION NO. 157— recommendations for prevention of future bus accidents to the BY REPRESENTATIVES ROMERO, HEBERT, BRUNEAU, COPELIN, GREEN, HUNTER, LANCASTER, MONTGOMERY, SCALISE, WADDELL, House and Senate Transportation, Highways and Public Works WALSWORTH, WELCH, AND WILLARD Committees prior to January 1, 2000. A CONCURRENT RESOLUTION To memorialize the United States Congress to take such actions as are HOUSE CONCURRENT RESOLUTION NO. 261— necessary to ensure that United States military service personnel BY REPRESENTATIVE QUEZAIRE under the age of twenty-one are not sent to participate in any A CONCURRENT RESOLUTION combat operations carried out by ground troops in Yugoslavia. To urge and request higher education governing boards to appropriately fund intramural and recreational sport facilities and programs. HOUSE CONCURRENT RESOLUTION NO. 165— BY REPRESENTATIVE TRAVIS HOUSE CONCURRENT RESOLUTION NO. 272— A CONCURRENT RESOLUTION BY REPRESENTATIVE FARVE To approve the State of Louisiana Master Plan for Economic A CONCURRENT RESOLUTION Development, as adopted by the Louisiana Economic To urge and request the State Boxing and Wrestling Commission to Development Council. adopt rules and regulations which require all boxers to wear protective headgear when participating in boxing contests in HOUSE CONCURRENT RESOLUTION NO. 192— Louisiana. BY REPRESENTATIVES WILLARD, BAUDOIN, CURTIS, FARVE, KENNEY, NEVERS, POWELL, PRATT, ALARIO, ANSARDI, BARTON, BRUCE, CARTER, CLARKSON, COPELIN, DEWITT, DUPRE, FARVE, FAUCHEUX, HOUSE CONCURRENT RESOLUTION NO. 275— FRITH, FRUGE, GAUTREAUX, LANDRIEU, LEBLANC, MARTINY, BY REPRESENTATIVE MARIONNEAUX MCMAINS, MORRISH, ODINET, PERKINS, PIERRE, RIDDLE, ROMERO, A CONCURRENT RESOLUTION SALTER, SCHWEGMANN, THOMPSON, TRICHE, WADDELL, To urge and request the Department of Natural Resources and the WALSWORTH, WESTON, WIGGINS, WILKERSON, WINDHORST, AND WOOTON Department of Wildlife and Fisheries to jointly study and make A CONCURRENT RESOLUTION recommendations relative to drainage and sedimentation in False To urge and request each city and parish school board to adopt policies River. to prohibit students from wearing pants too loosely on the hips. HOUSE CONCURRENT RESOLUTION NO. 300— HOUSE CONCURRENT RESOLUTION NO. 202— BY REPRESENTATIVE QUEZAIRE BY REPRESENTATIVES FONTENOT AND FAUCHEUX A CONCURRENT RESOLUTION A CONCURRENT RESOLUTION To urge and request the Department of Public Safety and Corrections To urge and request the Wildlife and Fisheries Commission to study for to study the number of criminal offenders who are committed to possible revision the rules applicable to size and creel limits for the custody of that department for violations of the terms of parole black bass on the Amite River, Blind River, Tickfaw River, and or probation and to suggest possible alternatives to returning those Lake Maurepas with the intention of applying the same size and criminal offenders to prison. creel limits for black bass as those applicable to the Atchafalaya Basin and the Lake Verret-Lake Palourde area. HOUSE CONCURRENT RESOLUTION NO. 338— BY REPRESENTATIVE WELCH A CONCURRENT RESOLUTION HOUSE CONCURRENT RESOLUTION NO. 203— BY REPRESENTATIVES LONG, KENNEY, SALTER, THOMPSON, AND To declare June 21st through June 27th, 1999, as Delta Sigma Theta WRIGHT Week in Louisiana and to congratulate and commend the host of A CONCURRENT RESOLUTION the 37th Southwest Regional Conference of Delta Sigma Theta To urge and request the State Board of Elementary and Secondary Sorority, Inc. Education to study certain alternative education programs in the 51st DAY'S PROCEEDINGS Page 115 SENATE June 21, 1999

HOUSE CONCURRENT RESOLUTION NO. 340— HOUSE CONCURRENT RESOLUTION NO. 130— BY REPRESENTATIVE FARVE BY REPRESENTATIVES CARTER, POWELL, FAUCHEUX AND SENATOR A CONCURRENT RESOLUTION THOMAS To commend and congratulate the Gospel Music Workshop of America, A CONCURRENT RESOLUTION Incorporated, for holding its thirty-second annual convention in To urge and request the Department of Transportation and New Orleans, Louisiana. Development to increase the speed limit on Interstate Highway 55 between Pontchatoula, Louisiana, and LaPlace, Louisiana, from 60 HOUSE CONCURRENT RESOLUTION NO. 344— m.p.h. to 70 m.p.h. BY REPRESENTATIVE WELCH A CONCURRENT RESOLUTION HOUSE CONCURRENT RESOLUTION NO. 134— To commend Dr. Lonise Bias, noted lecturer and consultant, and BY REPRESENTATIVES GUILLORY, BAUDOIN, DAMICO, FONTENOT, HOLDEN, KENNEY, MARTINY, MORRISH, ROMERO, WADDELL, AND keynote speaker for the 37th Southwest Regional Conference of WOOTON Delta Sigma Theta Sorority, Inc. A CONCURRENT RESOLUTION To memorialize the United States Congress to enact legislation to allow HOUSE CONCURRENT RESOLUTION NO. 346— Louisiana to impose requirements on the storage and transportation BY REPRESENTATIVE WILKERSON of hazardous materials by rail car that are more stringent than A CONCURRENT RESOLUTION federal requirements. To express the condolences of the Legislature of Louisiana upon the death of Gregory A. Brown. HOUSE CONCURRENT RESOLUTION NO. 146— BY REPRESENTATIVE CARTER AND SENATOR THOMAS HOUSE CONCURRENT RESOLUTION NO. 37— A CONCURRENT RESOLUTION BY REPRESENTATIVE HEBERT To urge and request the Department of Transportation and A CONCURRENT RESOLUTION Development to install lighting at the intersection of Interstate To urge and request each state department and agency which employs Highway 55 and Louisiana Highway 40 at the Independence exit state classified employees to adopt a rewards and recognition policy in Tangipahoa Parish, Louisiana. in accordance with civil service regulations to recognize and reward outstanding achievements by its employees in the HOUSE CONCURRENT RESOLUTION NO. 155— performance of their public service. BY REPRESENTATIVE LONG AND SENATOR SMITH A CONCURRENT RESOLUTION HOUSE CONCURRENT RESOLUTION NO. 44— To urge and request the Department of Transportation and BY REPRESENTATIVE LANCASTER Development to include the Natchitoches By-Pass project in the A CONCURRENT RESOLUTION proper priority in the Highway Priority Program for FY 2000-2001 To urge and request the Louisiana State Law Institute to conduct a and to include an appropriate level of funding in the Capital Outlay feasibility study of adopting Chapters 2 and 2A of the Uniform Bill for FY 2001-2002. Commercial Code and repealing the Civil Code articles regarding sales and leases. HOUSE CONCURRENT RESOLUTION NO. 215— BY REPRESENTATIVES SCHNEIDER, BRUCE, KENNARD, WINDHORST, HOUSE CONCURRENT RESOLUTION NO. 82— PERKINS, ALEXANDER, BARTON, BAUDOIN, CARTER, CRANE, DAMICO, BY REPRESENTATIVE POWELL DONELON, DOWNER, FAUCHEUX, FRITH, GAUTREAUX, HEATON, HILL, JENKINS, KENNEY, LANCASTER, MCCALLUM, MONTGOMERY, A CONCURRENT RESOLUTION MORRISH, NEVERS, ODINET, POWELL, RIDDLE, ROMERO, SCALISE, To urge and request the Department of Health and Hospitals to enter SCHWEGMANN, THOMPSON, WIGGINS, AND WOOTON AND SENATORS into settlement negotiations with Options, Inc. over their dispute DYESS, HINES, IRONS, AND SCHEDLER regarding Medicaid reimbursement funds. A CONCURRENT RESOLUTION To condemn and reject an article in the July 1998 Psychological HOUSE CONCURRENT RESOLUTION NO. 125— Bulletin published by the American Psychological Association BY REPRESENTATIVE WIGGINS (Vol. 124, No. 1, pp. 22-53) which suggests that sexual relations A CONCURRENT RESOLUTION between adults and children may not always be harmful to To urge and request the office of state parks to consider developing a children. state park in the Pineville area. HOUSE CONCURRENT RESOLUTION NO. 216— HOUSE CONCURRENT RESOLUTION NO. 126— BY REPRESENTATIVES JOHN SMITH, HILL, AND ILES AND SENATOR BY REPRESENTATIVE FARVE CAIN A CONCURRENT RESOLUTION A CONCURRENT RESOLUTION To urge and request the Orleans Parish School Board to combine the To memorialize the United States Congress to take such actions as are Helen S. Edwards Elementary School, the G. W. Carver Middle necessary to adequately fund and staff the DeRidder Automated School, and the G. W. Carver Senior High School into the Helen Flight Service Station. S. Edwards/G. W. Carver Accelerated Center for Excellence for purposes of implementing on a pilot basis accelerated school HOUSE CONCURRENT RESOLUTION NO. 220— BY REPRESENTATIVES WILLARD AND CLARKSON AND SENATOR programs designed to improve the academic achievement levels of JOHNSON students. A CONCURRENT RESOLUTION To recognize the historical significance of Lincoln Beach and the HOUSE CONCURRENT RESOLUTION NO. 128— importance of its rehabilitation, to express legislative support for its BY REPRESENTATIVE DUPRE A CONCURRENT RESOLUTION rehabilitation, and to request that the assistant secretary of the To memorialize the United States Congress to enact the Estuary Habitat office of cultural development of the Department of Culture, Restoration Partnership Act to be introduced by United States Recreation and Tourism evaluate the site for possible inclusion on Senators John Chaffe and John Breaux. the National Register of Historic Places. HOUSE CONCURRENT RESOLUTION NO. 233— BY REPRESENTATIVE LONG A CONCURRENT RESOLUTION To urge and request the Board of Supervisors for the University of Louisiana System, the Board of Supervisors of Louisiana State University and Agricultural and Mechanical College, the Board of Page 116 SENATE 51st DAY'S PROCEEDINGS June 21, 1999

Supervisors of Southern University and Agricultural and HOUSE BILL NO. 95— Mechanical College, and the Board of Supervisors of Community BY REPRESENTATIVE DUPRE and Technical Colleges, in consultation with the Board of Regents, AN ACT to each adopt policies for the institutions under their respective To enact R.S. 32:670, relative to chemical test results for persons under jurisdictions to provide for the transfer and acceptance of all credits the age of twenty-one; to prohibit certain test results from being earned by students in programs and courses offered through the included on the official driving record of that person; to provide Southern Regional Electronic Campus and the application of such that those results may be used for administrative purposes; to credits toward meeting specific degree program requirements. provide that convictions based upon those results may be used for other purposes allowed by law; and to provide for related matters. HOUSE CONCURRENT RESOLUTION NO. 257— BY REPRESENTATIVES PERKINS, THORNHILL, JENKINS, THOMPSON, HOUSE BILL NO. 198— AND WRIGHT AND SENATOR SCHEDLER BY REPRESENTATIVES BRUNEAU, COPELIN, AND HOLDEN A CONCURRENT RESOLUTION AN ACT To appeal to the Congress of the United States to limit the appellate To enact R.S. 42:855, relative to the State Employees' Group Benefits jurisdiction of the federal courts regarding the specific medical Program; to prohibit requiring a refund of expenditures from a plan practice of partial-birth abortions. member or health care provider on certain paid claims on the basis of ineligibility under certain circumstances; and to provide for HOUSE CONCURRENT RESOLUTION NO. 266— related matters. BY REPRESENTATIVE WARNER A CONCURRENT RESOLUTION HOUSE BILL NO. 315— To memorialize the U.S. Congress to appoint a task force to develop a BY REPRESENTATIVES DUPRE, CRANE, DOWNER, GAUTREAUX, plan to close the Mississippi River Gulf Outlet. HEBERT, LONG, MCCALLUM, JACK SMITH, STELLY, THORNHILL, TRICHE, WELCH, AND DANIEL AN ACT HOUSE CONCURRENT RESOLUTION NO. 278— BY REPRESENTATIVE CLARKSON To amend and reenact R.S. 11:701(5)(c), relative to the Teachers' A CONCURRENT RESOLUTION Retirement System; to provide with respect to the inclusion of To the House Committee on Administration of Criminal Justice and the certain salary increases in calculating "average compensation" and Senate Committee on Judiciary C to study the feasibility of the recomputation of benefits for certain members and retirees; to protecting rape victims by limiting access to the identity of the provide for retroactive application; and to provide for related victim, and to report study findings and recommendations to the matters. legislature prior to the convening of the 2000 Regular Session. HOUSE BILL NO. 340 (Duplicate of Senate Bill No. 817)— BY REPRESENTATIVE WESTON AND SENATOR EWING AND HOUSE CONCURRENT RESOLUTION NO. 284— COAUTHORED BY REPRESENTATIVES FRITH AND SCHNEIDER BY REPRESENTATIVES WRIGHT AND DOWNER AND SENATOR SMITH AN ACT A CONCURRENT RESOLUTION To amend and reenact R.S. 14:70.4(D)(1), (E), and (F) and to enact To memorialize the United States Congress to take such actions as are R.S. 14:70.4(G), relative to the crime of access device fraud; to necessary to allow social security recipients born between 1917 provide for certain definitions; to provide for increased penalties; and 1921 to receive an equal amount of social security benefits as to provide with regard to restitution to victims; to provide for those recipients born between 1910 and 1916. aggregation of offenses; and to provide for related matters. and asked that the President of the Senate affix his signature to the HOUSE BILL NO. 465— same. BY REPRESENTATIVE MONTGOMERY AND SENATOR SCHEDLER AN ACT Respectfully submitted, To enact R.S. 14:40.2(E), relative to the crime of stalking; to provide for ALFRED W. SPEER certain written notices of convictions; and to provide for related Clerk of the House of Representatives matters. The House Concurrent Resolutions contained herein were signed HOUSE BILL NO. 538— by the President of the Senate. BY REPRESENTATIVE FAUCHEUX AN ACT Message from the House To enact R.S. 49:214.42, relative to coastal resources; to provide relative to mitigation of coastal wetlands losses; to create a Coastal SIGNED HOUSE BILLS AND Mitigation Account in the Wetlands Conservation and Restoration JOINT RESOLUTIONS Fund and provide for the deposit of certain monies into the account and the uses of monies in such account; to provide terms and June 21, 1999 conditions; and to provide for related matters. HOUSE BILL NO. 561— To the Honorable President and Members of the Senate: BY REPRESENTATIVES JOHNS, FLAVIN, STELLY, CLARKSON, AND SCHNEIDER I am directed to inform your honorable body that the Speaker of the AN ACT House of Representatives has signed the following House Bills and Joint To amend and reenact R.S. 14:40.2(B)(1) and (2) and Code of Criminal Resolutions: Procedure Article 335.1(A) and to enact R.S. 15:571.3(C)(5), all relative to the criminal offense of stalking; to provide for enhanced HOUSE BILL NO. 68— sentences when committed against certain victims; to prohibit BY REPRESENTATIVE SALTER diminution of sentence in certain cases; to provide for conditions AN ACT of release on bail; and to provide for related matters. To amend and reenact R.S. 33:4873(2) and R.S. 43:147(B), (C), and (D) and to repeal R.S. 33:4873(3), relative to local government spending on advertising; to increase the maximum amount which some local governing authorities may spend for such purposes; to provide for maximum rates charged for publication of legal minutes in official journals; and to provide for related matters. 51st DAY'S PROCEEDINGS Page 117 SENATE June 21, 1999

HOUSE BILL NO. 591— facility; to provide reporting requirements to parents, guardians, or BY REPRESENTATIVE MCCALLUM legal custodians; to provide for certain periods of safe harbor for AN ACT runaway youths at certain licensed facilities; and to provide for To enact R.S. 9:334(A)(4) and 4106(A)(3), relative to the qualifications related matters. of mediators; to provide that a person who has served as a state district, appellate, or supreme court judge for at least ten years and HOUSE BILL NO. 1314— has retired shall qualify as a mediator; and to provide for related BY REPRESENTATIVE ALARIO matters. AN ACT To enact R.S. 27:93(A)(8), relative to allocation of riverboat boarding HOUSE BILL NO. 617— fees; to provide for the allocation of riverboat boarding fees in BY REPRESENTATIVES MURRAY (BY REQUEST), HEATON, AND Jefferson Parish in certain cases; and to provide for related matters. WILLARD AND SENATOR JOHNSON A JOINT RESOLUTION HOUSE BILL NO. 1353— Proposing to amend Article VII, Section 21(H) of the Constitution of BY REPRESENTATIVE WESTON Louisiana, relative to ad valorem property tax exemptions; to AN ACT authorize the State Board of Commerce and Industry to enter into To enact Part XX of Chapter 2 of Code Title XII of Code Book III of tax exemption contracts, with a property owner proposing Title 9 of the Louisiana Revised Statutes of 1950, to be comprised expansion, restoration, improvement, or redevelopment of an of R.S. 9:3578.1 through 3578.5, relative to credit cards; to existing residential structure or structures that is at least forty years provide for registration of credit card companies on college old, certified as a blighted property located in Orleans Parish; to campuses; to prohibit certain debt collection actions; to provide for provide conditions for termination of such contracts; to provide for violations and penalties; and to provide for related matters. submission of the proposed amendment to the electors; and to provide for related matters. HOUSE BILL NO. 1391— BY REPRESENTATIVES MCMAINS, DEWITT, DOWNER, DIEZ, AND HOUSE BILL NO. 665— CRANE AND SENATORS DARDENNE, EWING, HAINKEL, BARHAM, AND BY REPRESENTATIVES BRUNEAU, LANCASTER, JOHN SMITH, SCHEDLER HAMMETT, AND ROMERO AN ACT AN ACT To amend and reenact R.S. 46:446(B), relative to Medicaid To amend and reenact R.S. 18:55(A)(2), 56, and 59(B)(2) and (4) and reimbursement; to provide for inclusion of certain information in (C)(2) and (4), relative to registrars of voters; to provide for a notice to the Department of Health and Hospitals prior to salary increase for registrars of voters, chief deputy registrars, and compromise of any claim for damages or compensation involving confidential assistants to registrars of voters; to reduce the number Medicaid recipients; and to provide for related matters. of population ranges for such salaries; to provide for implementation of the new salary and population ranges; and to HOUSE BILL NO. 1411— provide for related matters. BY REPRESENTATIVES PIERRE, DEWITT, DOWNER, MCMAINS, DIEZ, AND CRANE AND SENATORS DARDENNE, EWING, HAINKEL, BARHAM, AND SCHEDLER HOUSE BILL NO. 721— AN ACT BY REPRESENTATIVE HEBERT To amend and reenact R.S. 36:401(C)(1) and 405(A)(1)(b) and to enact AN ACT R.S. 36:408(E), relative to public safety services of the Department To amend and reenact Children's Code Article 412(B)(7), relative to of Public Safety and Corrections; to establish the office of legal confidentiality of juvenile records; to allow for disclosure of affairs within the department; to provide for the functions of office; delinquency adjudications for certain juveniles; and to provide for to provide for qualifications of the assistant secretary; and to related matters. provide for related matters. HOUSE BILL NO. 894— BY REPRESENTATIVE DANIEL HOUSE BILL NO. 1506— BY REPRESENTATIVE LANCASTER AN ACT AN ACT To amend and reenact R.S. 11:929(B), relative to the Teachers' To amend and reenact R.S. 18:463(A)(3) and (D) and to enact R.S. Retirement System; to provide with respect to the Optional 18:1472, relative to elections; to require that candidates be Retirement Plan; to provide regarding the payment of benefits provided information regarding election offenses; to require that a therefrom and the authorization for various methods for such summary of the laws relative to election offenses be given to each payments; to provide an effective date; and to provide for related candidate who qualifies for election; to require the notice of matters. candidacy to include a certification that the candidate is aware of the laws governing election offenses; to remove the requirement HOUSE BILL NO. 897— BY REPRESENTATIVES FAUCHEUX, DANIEL, AND JENKINS relative to acknowledgment of receipt of certain informational AN ACT packets; to provide for the preparation of informational packets To amend and reenact R.S. 47:301(10)(a)(iii) and (18)(a)(iii) and to concerning election offenses; to provide for the dissemination of enact R.S. 47:315.4 and 1711, relative to local sales and use tax; certain informational packets to candidates; and to provide for to exclude tangible personal property which is to be leased or related matters. rented; to authorize certain tax credits for sales and use taxes paid if there is a waiver of the homestead exemption; to provide certain HOUSE BILL NO. 1536— BY REPRESENTATIVE BOWLER AND SENATOR SCHEDLER terms, conditions, procedures, and requirements; and to provide for AN ACT related matters. To enact R.S. 9:4802(G)(3) and R.S. 38:2242(F), relative to privileges and liens; to provide for privileges and liens of sellers under the HOUSE BILL NO. 1178— BY REPRESENTATIVES MCDONALD AND WALSWORTH AND SENATORS Private Works Act and materialmen doing work with a public BAJOIE, HINES, IRONS, AND LANDRY entity; and to provide for related matters. AN ACT To amend and reenact R.S. 46:1352(introductory paragraph) and (1) and 1353(A), (C), and (D) and to enact R.S. 46:1353(E), (F), and (G), relative to runaway youth; to provide notice to parents, guardians, or legal custodians of runaway youths admitted into an approved runaway and homeless youth residence program or Page 118 SENATE 51st DAY'S PROCEEDINGS June 21, 1999

HOUSE BILL NO. 1664— authorize the levy of an emergency telephone service charge on BY REPRESENTATIVES WINDHORST, DEWITT, DOWNER, MCMAINS, certain wireless communications systems; to provide for the use of DIEZ, AND CRANE AND SENATORS DARDENNE, EWING, HAINKEL, BARHAM, AND SCHEDLER such service charge for certain enhancements to 911 service and AN ACT other purposes of the districts; to repeal certain existing authority To amend and reenact R.S. 15:569.1 and 570(D), relative to execution for an emergency telephone service charge; to provide for the of death sentences; to provide for the times during which death collection of the service charge; to provide for agreements between sentences may be executed; to provide with regard to victim communications districts and service suppliers for the purpose of notification; and to provide for related matters. making technological enhancements; to provide relative to audits of the districts; to provide relative to standards of service, the HOUSE BILL NO. 1715— sharing of certain confidential information, and the liability of the BY REPRESENTATIVE MONTGOMERY AND JENKINS districts and the service suppliers; and to provide for related AN ACT matters. To enact Subpart D of Part II of Chapter 4 of Title 33 of the Louisiana Revised Statutes of 1950, to be comprised of R.S. 33:2101, HOUSE BILL NO. 2103— relative to the provision of fire protection services; to authorize BY REPRESENTATIVE MONTGOMERY certain political subdivisions, subject to voter approval, to contract AN ACT with private companies for the provision of such services; and to To amend and reenact R.S. 38:2212(I), relative to the bidding provide for related matters. requirements for public contracts; to exempt volunteer citizen labor in certain situations; and to provide for related matters. HOUSE BILL NO. 1889— BY REPRESENTATIVES JETSON AND MCMAINS AND SENATORS HOUSE BILL NO. 2168— BOISSIERE, CAIN, COX, CRAVINS, DARDENNE, DEAN, DYESS, BY REPRESENTATIVES MCMAINS, FONTENOT, AND KENNARD ELLINGTON, C. FIELDS, W. FIELDS, HAINKEL, HEITMEIER, HINES, HOLLIS, IRONS, JOHNSON, JONES, LAMBERT, LANDRY, LENTINI, AN ACT MALONE, ROBICHAUX, ROMERO, SCHEDLER, SMITH, THEUNISSEN, To amend and reenact R.S. 38:3301 and 3309, relative to the Amite THOMAS, AND ULLO River Basin Drainage and Water Conservation District; to provide AN ACT for the geographical boundaries of the district; to provide relative To amend and reenact Children's Code Arts. 606(A)(1) and 610(A) and to Comite River Diversion Canal Impact Area; to provide relative (E), relative to Child In Need Of Care proceedings; to provide to taxing authority of the district; and to provide for related matters. relative to grounds in Child In Need of Care proceedings; to provide relative to child abuse reporting procedures; and to provide HOUSE BILL NO. 592— for related matters. BY REPRESENTATIVE COPELIN AN ACT HOUSE BILL NO. 1924— To amend and reenact R.S. 9:1841(1), relative to the Louisiana Trust BY REPRESENTATIVE DURAND Code; to provide for the distribution of the forced heir's legitime; AN ACT to provide for related matters. To amend and reenact R.S. 33:1426 and to enact R.S. 15:708(A)(5) and (F), relative to inmate labor; to authorize a sheriff to contract with HOUSE BILL NO. 732 (Duplicate of Senate Bill No. 676)— the United States government to provide certain services under BY REPRESENTATIVE TOOMY AND SENATOR HEITMEIER AND COAUTHORED BY REPRESENTATIVES BARTON, BRUNEAU, CRANE, certain circumstances; to authorize a sheriff to use inmate labor to DONELON, FAUCHEUX, FRUGE, HEATON, JENKINS, KENNARD, work on floodgates or locks situated on a waterway within a LANCASTER, MARTINY, MICHOT, SCALISE, SHAW, WIGGINS, parish; to prohibit inmate labor for private contractors; and to WINDHORST, WINSTON, FRITH, AND GLOVER AND SENATORS DEAN, provide for related matters. HAINKEL, LENTINI, AND ROMERO AN ACT HOUSE BILL NO. 2033— To enact R.S. 15:1229 and 1229.1, relative to the Commission on Law BY REPRESENTATIVE MCDONALD Enforcement and Administration of Criminal Justice; to establish AN ACT an automated victim notification system within the commission; to To amend and reenact R.S. 9:5701, relative to prescription; to provide provide for the functions, powers, and duties of the system; to for a thirty-year prescriptive period to apply to certain educational permit victims and their families to register for notification; to obligations owed to the state or its agencies; to provide for require other state and local agencies to report to the system; to applicability; and to provide for related matters. provide for limitation of liability; to provide for contingency depending upon receipt of adequate funding; and to provide for HOUSE BILL NO. 2102 (Duplicate of Senate Bill No. 939)— related matters. BY REPRESENTATIVE BARTON AND SENATOR EWING AND COAUTHORED BY REPRESENTATIVES DOWNER, DUPRE, AND WESTON HOUSE BILL NO. 746— AND SENATOR LANDRY BY REPRESENTATIVES HEBERT AND MORRELL AN ACT AN ACT To amend and reenact R.S. 33:9101(A) and (B)(4)(introductory To enact R.S. 37:1514(10) and Chapter 18-C of Title 37 of the paragraph), 9102, 9103(A)(1) and (E), 9105, and 9106(B)(1), and Louisiana Revised Statutes of 1950, to be comprised of R.S. Section 5(A)(4) through (6) and (B) of Act No. 155 of the 1982 37:1561 through 1570, relative to equine dentists; to allow persons Regular Session of the Louisiana Legislature, as amended by Act to apply for equine dentistry permits; to provide for certain No. 897 of the 1990 Regular Session, and Act No. 726 of 1995 exceptions to activities performed by licensed veterinarians; to Regular Session and Section 5(A)(1), (5), and (6) and (B)(1) of provide relative to procedures; to provide relative to rules and Act No. 788 of the 1979 Regular Session of the Louisiana regulations; and to provide for related matters. Legislature, as amended by Act No. 441 of the 1981 Regular Session, Act No. 7 of the 1982 Regular Session, and Act No. HOUSE BILL NO. 787— 1241 of the 1995 Regular Session, to enact R.S. 33:9109, and to BY REPRESENTATIVE DUPRE repeal Parts III through X of Chapter 31 of Title 33 of the AN ACT Louisiana Revised Statutes of 1950, comprised of R.S. 33:9131, To amend and reenact Code of Criminal Procedure Article 413(B), 9131.1, 9131.2, 9131.3, 9131.4, 9131.5, 9131.6, and 9131.7 relative to the selection of grand jury foremen; to provide for respectively, relative to communications districts; to provide for the method of selection; and to provide for related matters. creation of multiparish communications districts and to authorize contracts between districts; to provide relative to the rate of the emergency telephone service charge on landline phones; to 51st DAY'S PROCEEDINGS Page 119 SENATE June 21, 1999

HOUSE BILL NO. 791— qualifications; to provide that the owner or lessor of a qualified BY REPRESENTATIVE MCCAIN truck stop facility may lease or sublease certain business operations AN ACT located on his property; to provide exceptions; to provide for the To amend and reenact R.S. 40:2616(A), relative to allocation of definition of a slot machine; to provide for minimum wagers on forfeited property derived from asset forfeiture sales; to provide certain video draw poker devices; to repeal obsolete provisions of that motor vehicles may be retained for official use for a period of law; to define institutional investor; to provide with respect to six months; and to provide for related matters. institutional investors and suitability requirements; to provide with respect to interest holders in corporations holding licenses; to HOUSE BILL NO. 839— provide that within one hundred twenty days of receipt of license BY REPRESENTATIVE DURAND AN ACT application the Louisiana Gaming Control Board shall either issue To amend and reenact R.S. 37:3084(B)(1)(a) and 3088(B), to enact the license or provide explanation why license has not been issued R.S. 37:3092(C), 3093(C), and 3094, and to repeal R.S. within that time period; and to provide for related matters. 37:3093(A)(9), relative to the licensure and regulation of dietitians; HOUSE BILL NO. 1139— to provide for annual license renewal; to provide for the collection BY REPRESENTATIVE SALTER of costs incurred in disciplinary actions; to provide for exemptions AN ACT to licensure; to provide for representation of the board by the To enact R.S. 32:866(G) and (H), relative to compulsory liability attorney general; and to provide for related matters. security; to provide for recovery of civil damages; to provide for defenses; to provide for applicability; to provide for court costs; and HOUSE BILL NO. 858 (Duplicate of Senate Bill No. 1001)— to provide for related matters. BY REPRESENTATIVE JOHNS AND SENATOR SIRACUSA AND COAUTHORED BY REPRESENTATIVES CLARKSON AND WALSWORTH AN ACT HOUSE BILL NO. 1428— BY REPRESENTATIVES DIEZ, DEWITT, DOWNER, MCMAINS, AND To amend and reenact Code of Civil Procedure Article 123(B) and (C), CRANE AND SENATORS DARDENNE, EWING, HAINKEL, BARHAM, relative to forum non conveniens; to provide for transfer of certain SCHEDLER, AND BEAN civil cases to another court; to provide for dismissal of an action to AN ACT a more convenient forum outside the state; to authorize a court to To amend and reenact R.S. 32:364, relative to equipment on motor impose reasonable conditions in an order of dismissal; and to vehicles; to provide for the use of devices to minimize the spray or provide for related matters. splash of materials; and to provide for related matters. HOUSE BILL NO. 860— HOUSE BILL NO. 1473— BY REPRESENTATIVES KENNEY AND WRIGHT BY REPRESENTATIVES HOPKINS AND SCALISE AN ACT AN ACT To enact R.S. 48:491(D), relative to public roads; to provide that any To enact R.S. 15:1186(F), relative to prison litigation; to limit the road or street used by the public is a public road or street; to number of times a prisoner may file a lawsuit in forma pauperis if provide the local governing authority shall have the discretion to the prisoner has previously filed a frivolous lawsuit; and to provide maintain the road or street; and to provide for related matters. for related matters. HOUSE BILL NO. 862— HOUSE BILL NO. 1752— BY REPRESENTATIVE LANDRIEU BY REPRESENTATIVES CHAISSON, FAUCHEUX, AND MURRAY AN ACT AN ACT To appropriate funds out of the General Fund of the state of Louisiana To amend and reenact Code of Criminal Procedure Article 894(B) and to be used to pay certain judgments of the Board of Tax Appeals; to enact Code of Criminal Procedure Article 894(A)(5) and (D), and to provide for related matters. relative to operating a vehicle while intoxicated; to provide for storage of records; to provide for a storage and retrieval fee of HOUSE BILL NO. 925— records; to require proof of retention of records before setting aside BY REPRESENTATIVES HAMMETT, CARTER, AND THOMPSON AND a conviction; to require the Department of Public Safety and SENATORS HINES AND SCHEDLER AN ACT Corrections, office of motor vehicles, to be the repository of the To amend and reenact R.S. 40:1300.143(3) and 1300.144(A)(3)(b) and records and to maintain them for ten years; and to provide for to enact R.S. 40:1300.144(A)(3)(c), relative to the Rural Hospital related matters. Preservation Act; to provide for the definition of rural hospitals; to HOUSE BILL NO. 1874— provide for Medicaid reimbursement to out-of-state providers; to BY REPRESENTATIVE SCHNEIDER provide for a lower possible reimbursement rate for services AN ACT rendered; to authorize the secretary of the Department of Health To amend and reenact R.S. 37:2165(A), 2166(3), and 2170(A)(2) and and Hospitals to negotiate higher reimbursement rates to out-of- to enact R.S. 37:2156.1(A)(10), relative to the State Licensing state providers in certain circumstances; and to provide for related Board for Contractors; to provide for new classifications of matters. licenses; to provide relative to membership of certain committees; to provide relative to continuing education; to provide for certain HOUSE BILL NO. 1020 (Duplicate of Senate Bill No. 562)— exceptions; and to provide for related matters. BY REPRESENTATIVE MCCAIN AND SENATOR JORDAN AN ACT To amend and reenact Code of Criminal Procedure Articles 327(A)(4) HOUSE BILL NO. 2052 (Substitute for House Bill No. 1185 by Rep. Thornhill) (Duplicate of Senate Bill Nos. 655 and 496)— and (B) and 338, relative to criminal bail bonds; to provide for the BY REPRESENTATIVE THORNHILL AND SENATORS MALONE AND BEAN form of the bail order; to provide for requirements of the bail AND COAUTHORED BY REPRESENTATIVES BRUCE, ANSARDI, undertaking; and to provide for related matters. MARTINY, MURRAY, AND PINAC AND SENATOR SCHEDLER AN ACT HOUSE BILL NO. 1091— To amend and reenact R.S. 22:2027(F), to enact Part VI-D of Chapter BY REPRESENTATIVE MARTINY 1 of Title 22 of the Louisiana Revised Statutes of 1950, to be AN ACT comprised of R.S. 22:250.31 through 250.37, and to repeal R.S. To amend and reenact R.S. 27:301(B)(13), 306(A)(3) and (5)(b), and 22:657(G), relative to health insurance; to establish claim (7)(a), 309(B), and 313(A), to enact R.S. 27:301(B)(16), 310(F) submission standards for health insurance coverage; to provide for and (G), and 311(J), and to repeal R.S. 27:306(A)(6)(a) and (b)(i) late payment adjustments for claimants; to establish requirements and (ii) and (7)(b), relative to video draw poker license for the payment of medical care under health insurance coverage; Page 120 SENATE 51st DAY'S PROCEEDINGS June 21, 1999

to provide relative to timely payment of health insurance claims HOLDEN, HOPKINS, HUDSON, HUNTER, ILES, JENKINS, JETSON, JOHNS, KENNARD, KENNEY, LANCASTER, LEBLANC, LONG, MARIONNEAUX, and enrollee claims; to provide relative to coordination of benefits; MARTINY, MCCALLUM, MCDONALD, MCMAINS, MICHOT, MITCHELL, to provide for enforcement, including cease and desist orders, MORRELL, MORRISH, MURRAY, NEVERS, PERKINS, PINAC, POWELL, PRATT, QUEZAIRE, RIDDLE, ROMERO, SALTER, SCALISE, SCHNEIDER, penalties, and suspension or revocation of a certificate of authority; SHAW, JACK SMITH, JOHN SMITH, SNEED, STELLY, THOMPSON, and to provide for related matters. THORNHILL, TOOMY, TRAVIS, WADDELL, WALSWORTH, WELCH, WESTON, WIGGINS, WILKERSON, WINDHORST, WINSTON, WOOTON, AND WRIGHT AND SENATORS BAJOIE, BARHAM, BEAN, BOISSIERE, HOUSE BILL NO. 2055— CAMPBELL, CASANOVA, COX, DYESS, ELLINGTON, C. FIELDS, W. BY REPRESENTATIVES WINDHORST AND TOOMY FIELDS, HAINKEL, HEITMEIER, HINES, HOLLIS, IRONS, JOHNSON, JONES, AN ACT LAMBERT, MALONE, ROBICHAUX, SCHEDLER, SMITH, TARVER, To provide that the Jefferson Parish School Board may name an Air THEUNISSEN, THOMAS, AND ULLO Force Junior Reserve Officer Training Corps program building at AN ACT West Jefferson High School in honor of Colonel Louis B. Cole and To amend and reenact Section 4.A. of Act No. 541 of the 1976 Regular to authorize the Jefferson Parish School Board to name the Session of the Louisiana Legislature, as amended by Act No. 499 multipurpose building at the Paul J. Solis Elementary School of the 1978 Regular Session of the Louisiana Legislature, Act No. located in Gretna, Louisiana as the Virginia Phillips Gaudet 449 of the 1980 Regular Session of the Louisiana Legislature, Act Building; and to provide for related matters. No. 927 of the 1981 Regular Session of the Louisiana Legislature, Act No. 476 of the 1984 Regular Session of the Louisiana HOUSE BILL NO. 2056— Legislature, Act No. 259 of the 1989 Regular Session of the BY REPRESENTATIVES WINSTON AND JENKINS Louisiana Legislature, and Act No. 640 of the 1993 Regular AN ACT Session of the Louisiana Legislature and R.S. 51:291 and 293, To authorize the use of chelating agents and chelation therapy by relative to the Louisiana Stadium and Exposition District; to name physicians; for a certain period of time to provide for the nullity of and designate the Louisiana Superdome as the John J. McKeithen rules and regulations in conflict with this grant of authority; and to Superdome; to provide relative to trade names, trademarks and provide for related matters. service marks reserved to the district; to require legislative approval of any amendment to the contract or lease with the New Orleans HOUSE BILL NO. 2101— franchise of the National Football League and of any contract or BY REPRESENTATIVE JACK SMITH lease of the multi-purpose facility with a professional sports AN ACT franchise; and to provide for related matters. To enact R.S. 56:1684.1, relative to Cypremort Point State Park; to provide that no rule or regulation of the office of state parks HOUSE BILL NO. 2221— regulating design and aesthetic quality standards, construction, or BY REPRESENTATIVES MORRELL, FRITH, AND MURRAY usage of facilities at state parks shall be applicable to the AN ACT development, planning, and construction of facilities in Cypremort To amend and reenact R.S. 4:217(D)(2) relative to racing; to provide Point State Park; to provide for an oversight committee; and to relative to purse supplements; and to provide for related matters. provide for related matters. HOUSE BILL NO. 2226— HOUSE BILL NO. 2145— BY REPRESENTATIVE MARIONNEAUX BY REPRESENTATIVE LEBLANC AN ACT AN ACT To enact Chapter 8 of Title 27 of the Louisiana Revised Statutes of To provide with respect to the Revenue Sharing Fund and the allocation 1950, to be comprised of R.S. 27:401, relative to the Louisiana and distribution thereof for Fiscal Year 1999-2000; and to provide Gaming Control Law; to authorize raffles under two hundred fifty for related matters. dollars without requiring the issuance of a license; to define terms; and to provide for related matters. HOUSE BILL NO. 2165— BY REPRESENTATIVES THORNHILL AND SCHNEIDER HOUSE BILL NO. 2268 (Substitute for House Bill No. 1458 by AN ACT Representative Hebert)— To appropriate funds out of the General Fund of the state of Louisiana BY REPRESENTATIVE HEBERT for the Fiscal Year 1998-1999 to be used to pay the legal expenses AN ACT incurred by the Honorable Patricia Hedges, state district court To amend and reenact R.S. 22:228.7(A) and to enact R.S. 22:230.3, judge, relative to her successful defense of criminal charges relative to health insurance; to require the State Employees Group brought against her; and to provide for related matters. Benefits program to provide coverage for certain anesthesia and hospital charges for dental procedures; to provide relative to billing HOUSE BILL NO. 2166— insureds, enrollees, or subscribers for certain balances for medical BY REPRESENTATIVE WELCH care not paid or covered by health benefits; and to provide for AN ACT related matters. To amend and reenact R.S. 14:313, relative to offenses affecting the public generally; to provide an exception to wearing masks or HOUSE BILL NO. 64— hoods in public; and to provide for related matters. BY REPRESENTATIVES THOMPSON AND JENKINS AND SENATOR IRONS AN ACT HOUSE BILL NO. 2177— To enact R.S. 15:574.4(R), relative to parole eligibility of inmates; to BY REPRESENTATIVES QUEZAIRE, CRANE, KENNARD, AND FRITH require testing for certain infectious diseases prior to releasing AN ACT persons on parole; to provide for the testing procedure; to provide To amend and reenact R.S. 14:34.4, relative to the crime of battery of for payment of associated costs by the inmate; and to provide for school athletic contest officials; to include elementary school and related matters. recreation athletic officials; to provide for definitions; to provide for penalties; and to provide for related matters. HOUSE BILL NO. 157— BY REPRESENTATIVES FLAVIN, BARTON, MICHOT, PERKINS, PINAC, HOUSE BILL NO. 2208— TOOMY, AND WALSWORTH AND SENATOR ROMERO BY REPRESENTATIVES COPELIN, CHAISSON, DANIEL, DURAND, AN ACT FAUCHEUX, GLOVER, HEATON, HILL, LANDRIEU, MCCAIN, To enact R.S. 33:4725.1, relative to municipal zoning; to provide MONTGOMERY, ODINET, PIERRE, WARNER, WILLARD, ALARIO, ALEXANDER, ANSARDI, BAUDOIN, BAYLOR, BOWLER, BRUCE, certain restrictions on zoning of annexed property; to provide BRUNEAU, CARTER, CLARKSON, CRANE, CURTIS, DAMICO, DEVILLE, relative to waivers of such restrictions; and to provide for related DEWITT, DIEZ, DOWNER, DUPRE, FARVE, FLAVIN, FONTENOT, FRITH, FRUGE, GAUTREAUX, GREEN, GUILLORY, HAMMETT, HEBERT, matters. 51st DAY'S PROCEEDINGS Page 121 SENATE June 21, 1999

HOUSE BILL NO. 176— HOUSE BILL NO. 718— BY REPRESENTATIVES KENNARD, SCALISE, MCCALLUM, MCMAINS, BY REPRESENTATIVES DANIEL, BARTON, DOERGE, KENNEY, LONG, PERKINS, ROMERO, TRAVIS, WINDHORST, WOOTON, AND THOMPSON MCDONALD, POWELL, PRATT, WINSTON, WRIGHT, THOMPSON, AND AND SENATORS DARDENNE AND ULLO WADDELL AND SENATORS W. FIELDS AND HOLLIS AN ACT AN ACT To amend and reenact R.S. 14:64(B) and to enact R.S. 14:64.3, relative To enact R.S. 17:421.6, relative to teacher salaries; to provide a salary to the crime of armed robbery; to provide for increases in criminal adjustment for certain public school teachers having certificates penalties; to provide for enhanced penalties for use of firearms in issued by the National Board for Professional Teaching Standards; commission of the crime; and to provide for related matters. to provide conditions and guidelines for receiving the adjustment; to provide the minimum amount of the salary adjustment; to HOUSE BILL NO. 206— provide definitions; to provide for payment; to provide for the BY REPRESENTATIVE THOMPSON reimbursement to school boards of certain costs; to provide AN ACT limitations; to provide for effectiveness; and to provide for related To amend and reenact R.S. 14:34.3(B), relative to the crime of battery matters. of a school teacher; to provide with regard to penalties; and to provide for related matters. HOUSE BILL NO. 794— BY REPRESENTATIVE TOOMY HOUSE BILL NO. 324 (Duplicate of Senate Bill No. 934)— AN ACT BY REPRESENTATIVE WALSWORTH AND SENATOR EWING AND To amend and reenact R.S. 26:793(A), relative to the Alcoholic COAUTHORED BY REPRESENTATIVES FAUCHEUX, JENKINS, KENNEY, AND THOMPSON Beverage Control Law; to provide for additional powers of the AN ACT commissioner pertaining to Class A-Caterers Permit; and to To amend and reenact R.S. 36:802(introductory paragraph) and to enact provide for related matters. Chapter 27 of Title 25 of the Louisiana Revised Statutes of 1950, to be comprised of R.S. 25:1231 through 1237, and R.S. HOUSE BILL NO. 844— 36:209(Q), to create the Louisiana Purchase Bicentennial BY REPRESENTATIVES DURAND AND BRUCE AND SENATOR LANDRY Commission; to provide for membership on the commission and AN ACT its operation; to provide relative to powers, duties, and activities of To enact R.S. 14:35.2, relative to crimes; to create the crime of simple the commission; to provide relative to funds and property of the battery of the infirm; to provide for definitions; to provide for commission; to provide for termination of the commission; and to penalties; and to provide for related matters. provide for related matters. HOUSE BILL NO. 854— BY REPRESENTATIVES HEBERT, SCALISE, SCHNEIDER, AND HOUSE BILL NO. 350— THOMPSON BY REPRESENTATIVE TRAVIS AN ACT AN ACT To amend and reenact R.S. 15:831(B)(2), relative to health care for To amend and reenact R.S. 9:2721(B) and R.S. 35:1.1 and to enact R.S. prisoners in facilities operated by the Department of Public Safety 9:2721(C), relative to the recordation of transfers of immovable and Corrections; to authorize the department to adopt rules property; to require that certain taxpayer information be included requiring copayments from prisoners for medical and dental with the act of sale; to provide that certain taxpayer information be treatment received from public hospitals operated by the Louisiana supplied to the tax assessor; to provide for the validity of certain State University Medical Center; and to provide for related matters. acts, documents, or other instruments executed or passed before certain notary publics; and to provide for related matters. HOUSE BILL NO. 900— BY REPRESENTATIVES LEBLANC AND DOWNER AND SENATORS HOUSE BILL NO. 421— HAINKEL, ULLO, AND DARDENNE BY REPRESENTATIVE HOPKINS AND SENATOR HOLLIS AN ACT AN ACT To appropriate funds to defray the expenses of the Louisiana Judiciary, To amend and reenact R.S. 14:95(A)(5)(b)(i), relative to the crime of including the Supreme Court, Courts of Appeal, District Courts, illegal carrying of weapons; to provide for certain exceptions; and Criminal District Court of Orleans Parish, and other courts; and to to provide for related matters. provide for related matters. HOUSE BILL NO. 477— HOUSE BILL NO. 913— BY REPRESENTATIVES TRICHE, HOPKINS, LEBLANC, MCCALLUM, BY REPRESENTATIVE TOOMY SALTER, JACK SMITH, THOMPSON, AND KENNEY AND SENATOR AN ACT LANDRY A JOINT RESOLUTION To enact Code of Criminal Procedure Article 761.1, relative to rights of Proposing to amend Article VIII, Section 7.1(D) of the Constitution of crime victims and witnesses; to authorize a family member of a Louisiana, to provide relative to state general fund appropriations homicide victim to possess a picture in the courtroom; and to for certain higher education institutions; to prohibit the reduction provide for related matters. of such appropriations below certain amounts under certain HOUSE BILL NO. 1093— circumstances; to provide for submission of the proposed BY REPRESENTATIVE MCCAIN amendment to the electors; and to provide for related matters. AN ACT To amend and reenact R.S. 22:1065.1, relative to bail bond premium HOUSE BILL NO. 700— fees; to provide for payment requirements; to provide for collection BY REPRESENTATIVE MARIONNEAUX AND SENATOR DARDENNE AN ACT and distribution; to provide for authority of sheriffs; and to provide To amend and reenact R.S. 13:3714, relative to evidence of health care for related matters. charts and records; to provide for the introduction into evidence of HOUSE BILL NO. 1106— copies of such charts and records of various health care providers; BY REPRESENTATIVE THORNHILL AND SENATOR SCHEDLER and to provide for related matters. AN ACT To amend and reenact R.S. 51:2605(C)(1)(a) and to enact R.S. 51:2613(I), relative to the Louisiana Open Housing Act; to revise the definition of "housing for older persons"; to provide for enforcement by private persons and the awarding of attorney fees Page 122 SENATE 51st DAY'S PROCEEDINGS June 21, 1999

and cost to ensure substantial equivalency with federal law; and to to provide for prohibitions; to provide for rules and regulations; to provide for related matters. provide for requirement of licensure; to provide for exemptions from licensure, annual registration statements and fees; to provide HOUSE BILL NO. 1119— for applications for licensure, issuance of licenses, and application BY REPRESENTATIVES JOHNS AND THOMPSON and renewal fees; to provide for changes of name or location, AN ACT closures, and fees; to provide for restrictions; to provide for To amend and reenact R.S. 40:1379.3.1(A), relative to fees paid for recordkeeping and retention, examinations, and investigation of concealed handgun permits; to provide for reduced fees for certain complaints; to provide for suspension and revocation of licensure, persons; and to provide for related matters. exemptions, and disposition of funds; to create and provide for the Residential Mortgage Lending Board and its powers; to provide for HOUSE BILL NO. 1211— certification, examination, and continuing education; to provide for BY REPRESENTATIVE ALARIO AN ACT the scope of the provisions; to provide for residential mortgage To amend and reenact R.S. 48:461.4(introductory paragraph) and loans; to provide for items or charges not considered interest; to (a)(1), relative to the Department of Transportation and provide for residential mortgage loan brokerage contracts; and to Development; to provide relative to outdoor advertising; to include provide for related matters. certain land, buildings, and structures as areas where outdoor HOUSE BILL NO. 1272— advertising shall be permitted; to include certain illuminated signs, BY REPRESENTATIVE ALARIO marquees, and electronic readerboard systems as permitted signs; AN ACT to delete certain provisions relating to illuminated signs which To amend and reenact R.S. 49:327(B)(1)(b) and (e), relative to indicate customary public service information; and to provide for investments of monies on deposit in the state treasury by the state related matters. treasurer; to provide for restrictions on certain investments; and to provide for related matters. HOUSE BILL NO. 1227 (Duplicate of Senate Bill No. 385)— BY REPRESENTATIVE JACK SMITH AND SENATOR DARDENNE HOUSE BILL NO. 1279— AN ACT BY REPRESENTATIVES DEWITT, DOWNER, MCMAINS, DIEZ, AND To amend and reenact R.S. 32:407(A)(2), relative to drivers' licenses; CRANE AND SENATORS DARDENNE, HAINKEL, BARHAM, AND to provide relative to the Class "E" learner's license; to authorize SCHEDLER the holder of a Class "E" learner's license to drive while being AN ACT accompanied by a licensed parent, guardian, or adult at least age To amend and reenact R.S. 14:32.1(B) and to enact R.S. 14:100(B)(4) twenty-one or older, or a sibling at least eighteen or older; and to and (C)(3), relative to driving offenses; to define accident; to provide for related matters. provide for greater penalties if the driver was previously convicted of certain other crimes involving operation of a vehicle; to increase HOUSE BILL NO. 1248— maximum penalties for the crime of vehicular homicide; and to BY REPRESENTATIVES THOMPSON, LONG, AND WALSWORTH provide for related matters. AN ACT To amend and reenact R.S. 39:1595(C)(6) and to enact R.S. HOUSE BILL NO. 1320— 38:2212(R), 2313(F), R.S. 39:1503.1, 1595(C)(7), and 1595.7, BY REPRESENTATIVE FONTENOT R.S. 48:255(B)(7) and 287(G), and R.S. 51:1753.1 and 1753.2, AN ACT relative to public contracts; to provide a preference for paper and To amend and reenact R.S. 33:381(D) and 461(C) and to enact R.S. paper products manufactured and converted in Louisiana; to 47:2051.2, relative to the collection of municipal ad valorem taxes provide relative to a mentor-protégé program; to require incentives in Livingston Parish; to authorize an agreement between the for participation in such program when awarding certain public sheriff, the parish assessor, and the governing authority of the city contracts; and to provide for related matters. of Denham Springs which agreement would provide for the collection by the sheriff of taxes and other amounts on the HOUSE BILL NO. 1251— municipal tax rolls; to provide relative to the contents of such an BY REPRESENTATIVE GLOVER agreement; to provide for a public hearing; to provide relative to AN ACT the Lawrason Act requirements for municipal tax assessment and To amend and reenact R.S. 33:4574.1-A(A)(1)(x) and to enact R.S. collection as they relate to such agreements; and to provide for 33:4574.1-A(A)(1)(oo) and (H), relative to the hotel occupancy tax related matters. levied by certain local entities, to authorize the Shreveport-Bossier Convention and Tourist Commission; to increase the tax levied by HOUSE BILL NO. 1480— the commission; to authorize certain convention and visitor's BY REPRESENTATIVE TRAVIS bureaus or commissions located in certain parishes to levy an AN ACT additional hotel occupancy tax; to provide for the uses of the To amend and reenact R.S. 9:3572.3(A)(1) and (2) and (B) and proceeds of such increase; and to provide for related matters. 3576.19, and to enact R.S. 6:1074.1 and 1074.2, relative to consumer loan brokers and check cashing and currency exchanges; HOUSE BILL NO. 1263— to provide for an annual fee for licensure and renewal; to provide BY REPRESENTATIVES JOHN SMITH, DEWITT, DOWNER, MCMAINS, for a change of information and a fee; to provide for license fees DIEZ, AND CRANE AND SENATORS DARDENNE, EWING, HAINKEL, for licensure and regulation of check cashing and currency BARHAM, AND SCHEDLER AN ACT exchange facilities; to provide for civil penalties for violations; to To enact R.S. 30:86(E)(5), relative to the Oilfield Site Restoration Fund; provide relative to a licensee; to provide for collection; to provide to provide for an additional purpose for which monies in the fund for assignment; and to provide for related matters. may be disbursed and expended; and to provide for related matters. HOUSE BILL NO. 1483— BY REPRESENTATIVE DURAND HOUSE BILL NO. 1265— AN ACT BY REPRESENTATIVE MCMAINS AND SENATOR DARDENNE AN ACT To enact R.S. 33:172(E), relative to annexation; to prohibit certain To enact Chapter 14 of Title 6 of the Louisiana Revised Statutes of annexations of territory in St. Martin Parish; and to provide for 1950, to be comprised of R.S. 6:1081 through 1098, relative to related matters. residential mortgage brokers and lenders; to provide for a short title; to provide for legislative purpose; to provide for definitions; 51st DAY'S PROCEEDINGS Page 123 SENATE June 21, 1999

HOUSE BILL NO. 1512— authorizing phantom or simulated riverboat cruises; and to provide BY REPRESENTATIVE BARTON for related matters. AN ACT To amend and reenact R.S. 32:218, relative to soliciting on a roadway; HOUSE BILL NO. 1706— to provide relative to professional firefighters or other nonprofit BY REPRESENTATIVE MCCAIN organizations soliciting for charitable purposes; to provide for the AN ACT promulgation of rules and regulations; and to provide for related To enact R.S. 33:1448(G), relative to group insurance for sheriffs and matters. deputy sheriffs; to require the sheriff of Assumption Parish to pay certain premium costs of specified group insurance for certain HOUSE BILL NO. 1540— retired employees; to provide limitations; and to provide for related BY REPRESENTATIVE COPELIN matters. AN ACT To amend and reenact R.S. 46:2624(B)(introductory paragraph) and to HOUSE BILL NO. 1725— enact R.S. 46:2624(B)(7) and (8) and (I)(4), (5), and (6) and BY REPRESENTATIVES MCDONALD AND THOMPSON Chapter 53 of Title 46 of the Louisiana Revised Statutes of 1950, AN ACT comprised of R.S. 46:2681 through 2685, relative to community To amend and reenact R.S. 17:3048.1(A)(1)(a)(introductory based services; to provide for the licensure of certain providers of paragraph),(b), (c), and (d), (2), (3), (4)(introductory paragraph) community based services; to provide for charging, collection, and and (a), (B)(2)(introductory paragraph), (3)(introductory expenditure of fees on such providers; to establish the Community paragraph) and (a), (C)(2)(d) and (f), (D)(introductory paragraph), Based Services Trust Fund; to increase the membership and the (E), (P)(1)(a), and (R) and to enact R.S. 17:3048.1(C)(3), (S), and duties of the Louisiana Medical Assistance Trust Fund Advisory (T), relative to the Tuition Opportunity Program for Students; to Council; and to provide for related matters. provide for eligibility requirements, including residency and attainment of certain academic standards for continued program HOUSE BILL NO. 1576— participation; to provide for award payments, including purposes BY REPRESENTATIVES TRAVIS, DEWITT, DOWNER, MCMAINS, DIEZ, and use; to provide limitations on certain award payments and for AND CRANE AND SENATORS DARDENNE, EWING, HAINKEL, BARHAM, AND SCHEDLER their effectiveness; to provide for notification of certain program AN ACT changes; to provide for program administration; to provide for an To enact R.S. 40:1578.7, relative to fire safety and prevention; to adopt effective date; and to provide for related matters. a State Uniform Fire Prevention Code; to provide for adoption of the same code by political subdivisions of the state; to authorize the HOUSE BILL NO. 1743— promulgation of rules and regulations by the state fire marshal; and BY REPRESENTATIVE DANIEL to provide for related matters. AN ACT To amend and reenact R.S. 33:3953, 3956, 3965, 3982, 4043, 4044, HOUSE BILL NO. 1604— and 4065.1 and to enact Subpart F of Part I of Chapter 9 of Title BY REPRESENTATIVES JETSON, ODINET, PIERRE, AND GAUTREAUX 33 of the Louisiana Revised Statutes of 1950, to be comprised of AN ACT R.S. 33:3980.1, relative to the funding of sewerage systems; to To enact R.S. 30:127(G) and 148.6(C), R.S. 41:1217(E), R.S. 56:30.2 express legislative findings and intent; to authorize the levy of ad and 1855(J), relative to leased state lands; to require the lessee to valorem taxes or parcel fees to fund sewerage systems; and to maintain public access to public waterways through leased state provide for related matters. lands; to provide for restricted access in certain situations; to provide for exceptions for certain activities along the Tchefuncte HOUSE BILL NO. 1899— River; and to provide for related matters. BY REPRESENTATIVES TRAVIS, THOMPSON, AND NEVERS AN ACT HOUSE BILL NO. 1625— To amend and reenact R.S. 32:771(1) and (9) and 773.2(D) and to BY REPRESENTATIVES DIEZ, DEWITT, DOWNER, MCMAINS, AND enact R.S. 32:771(19), (20), (21), and (22), 773.1(A)(2)(m) and CRANE AND SENATORS DARDENNE, EWING, HAINKEL, BARHAM, AND (n), and 773.2(E), relative to the sale of certain marine and SCHEDLER motorcycle products regulated by the Louisiana Used Motor AN ACT Vehicle and Parts Commission; to provide for certain prohibited To amend and reenact R.S. 32:666(B) and 668(A)(introductory activities; to provide for certain appeals to the commission; and to paragraph), relative to chemical tests to determine blood alcohol provide for related matters. content of certain persons; to require law enforcement officers to execute a sworn report when the person submits to such testing; to HOUSE BILL NO. 1930— require that the officer provide certain information about the test; BY REPRESENTATIVE LANDRIEU to provide relative to hearings; to provide that such report is AN ACT competent evidence; and to provide for related matters. To amend and reenact R.S. 13:121 and 122, relative to the supreme court; to increase the number of deputy clerks that the court may HOUSE BILL NO. 1631— appoint; to delete the restriction on the number of deputy clerks in BY REPRESENTATIVES PERKINS AND JENKINS the salary provisions; and to provide for related matters. AN ACT To amend and reenact R.S. 9:224(C)(introductory paragraph), HOUSE BILL NO. 2032 (Substitute for House Bill No. 681 by 273(A)(1) and (2), and 275(B)(1) and (C)(1)(a) and (b)(i) and (ii) Representative Toomy)— and to enact R.S. 9:224(E), 273.1, and 275.1, relative to covenant BY REPRESENTATIVE TOOMY marriages; to provide relative to information requirements; to AN ACT provide relative to contents of declarations of intent; to provide To enact R.S. 26:81(F) and 281(J), relative to the Alcoholic Beverage forms for the recitation and affidavit of the parties and the Control Law; to provide relative to the location of licensed attestation of the counselor; and to provide for related matters. premises or businesses; to define "public library"; and to provide for related matters. HOUSE BILL NO. 1647— BY REPRESENTATIVE BARTON AN ACT To enact R.S. 27:24(E), relative to the rulemaking authority of the Louisiana Gaming Control Board; to prohibit the board from Page 124 SENATE 51st DAY'S PROCEEDINGS June 21, 1999

HOUSE BILL NO. 2059— provide for fines and penalties; to provide for procedures for denial, BY REPRESENTATIVES HEATON AND TRAVIS suspension, or revocation of licenses; to provide for the issuance AN ACT of cease and desist orders; and to provide for related matters. To amend and reenact R.S. 37:1361(A), 1371, 1373(A), 1378(A)(introductory paragraph), (2), (3), and (8), and (B) and to HOUSE BILL NO. 428— enact R.S. 37:1367(H), 1368(I), and 1377(H), relative to BY REPRESENTATIVE JOHN SMITH plumbers; to provide for the purposes of and regulation by the AN ACT State Plumbing Board; to require and provide for licensure of To require and provide for the transfer, lease, or cooperative endeavor medical gas and vacuum systems verifiers; to provide for fees; to of certain state property in Vernon Parish to the Vernon Parish provide relative to injunctions; to define medical gas and vacuum Police Jury; to provide certain conditions and requirements; and to systems verifier; to provide for disciplinary action; and to provide provide for related matters. for related matters. HOUSE BILL NO. 472— HOUSE BILL NO. 2125— BY REPRESENTATIVE COPELIN BY REPRESENTATIVE JOHNS AN ACT AN ACT To enact R.S. 18:1505.2(N), relative to campaign finance; to provide To amend and reenact R.S. 33:4576(B)(1) and (3) and to enact R.S. that the payment of interest on loans from a candidate shall not be 33:4576(B)(2)(f) and (g), relative to the West Calcasieu Parish considered personal use of campaign funds under certain Community Center Authority; to provide relative to the circumstances; and to provide for related matters. governance of the authority including the appointments and terms of members; and to provide for related matters. HOUSE BILL NO. 788— BY REPRESENTATIVE LANCASTER AND SENATOR DARDENNE HOUSE BILL NO. 2128— AN ACT BY REPRESENTATIVE MCCAIN To enact R.S. 18:1461(C), relative to election offenses; to provide that AN ACT any candidate who is elected to public office and is finally To enact R.S. 27:3(8) and 27, relative to the rulemaking authority of the convicted of an election offense related to his campaign for such Louisiana Gaming Control Board; to define institutional investor; public office shall forfeit such office; to provide for the time and to provide with respect to institutional investors and suitability manner in which such public office is declared vacant; to provide requirements; and to provide for related matters. for the filling of vacancies due to the forfeiture of the public office; and to provide for related matters. HOUSE BILL NO. 2197— BY REPRESENTATIVE FLAVIN HOUSE BILL NO. 1011— AN ACT BY REPRESENTATIVE CARTER To enact R.S. 38:2220.1 through 2220.4, relative to public contracts; to AN ACT authorize and provide for certain causes of action; to authorize a To amend and reenact R.S. 22:636.1(D)(4), relative to automobile cause of action against violators of the Public Bid Law; to provide liability policies; to provide for financed insurance premiums; to relative to the persons eligible to institute such an action; to provide provide for the return of premium funds; and to provide for related certain procedures, requirements, terms and conditions; to provide matters. relative to the office of the attorney general; to provide for orders, recovery, and certain awards by the court; to provide for summary HOUSE BILL NO. 1378— procedure; to provide for protection from disciplinary proceedings; BY REPRESENTATIVES KENNARD AND MORRELL and to provide for related matters. AN ACT To amend and reenact R.S. 44:9(E) and (F) and to enact R.S. 44:9(G), HOUSE BILL NO. 2228— (H), and (I), relative to expungement or destruction of criminal BY REPRESENTATIVE WESTON records; to provide for the procedure for the expungement of AN ACT records; to provide for maintenance of records for certain purposes; To amend and reenact R.S. 14:73.1(5) and (8) through (11) and to and to provide for related matters. enact R.S. 14:73.1(12) and (13) and 73.6, relative to computer- related crime; to provide for the commission of computer fraud; to HOUSE BILL NO. 1720— expand the definition of that crime to include certain acts involving BY REPRESENTATIVE WESTON unsolicited bulk electronic mail; to provide for penalties; and to AN ACT provide for related matters. To amend and reenact R.S. 40:1502.1(A)(1) and (2) and (C)(2)(a), relative to service charges assessed by certain fire protection HOUSE BILL NO. 292— districts; to provide relative to the assessment of such charge BY REPRESENTATIVE TRAVIS against grounds on which structures are situated; to provide AN ACT relative to structures subject to such assessment; and to provide for To amend and reenact R.S. 32:771(3), (4), (5), (6), (7), (12), (15), related matters. (16)(a), and (18), 772(F)(8), 773(A)(5) and (7)(a), 773.1(A)(1) and (2)(a), (b), (c), (d), (f), (g), (h), (i), (j), and (l)(introductory HOUSE BILL NO. 2018— paragraph) and (B), 773.2(A), (B), and (C), 774(A), (B)(3), BY REPRESENTATIVE WALSWORTH (D)(2), (E), (G)(1), and (J)(1), (3), and (4), 775(A)(3) and (F)(2) AN ACT and (3), 776(A)(2) and (C)(1)(a), 779, and 780(A) and (D) and to To amend and reenact R.S. 22:636.1(D)(3)(a), (b), (d), and (e), relative enact R.S. 32:760(A)(7)(c), 771(1.1), 772(F)(9), 773(C), to the cancellation of an automobile, property, casualty, or liability 775(A)(7)(f), (g), (h), and (i), and 777(D), relative to the Louisiana insurance policy; to provide for notification; to provide for return Used Motor Vehicle and Parts Commission; to provide for grounds of funds; and to provide for related matters. to deny application for, revoke, or suspend licenses; to provide for definitions; to provide for the powers and duties of the HOUSE BILL NO. 2051— BY REPRESENTATIVE HUDSON commission; to provide relative to licensure of dealers, AN ACT manufacturers, and distributors; to provide relative to certain To amend and reenact R.S. 40:1662.8(B)(3) and to enact R.S. unlawful acts; to provide for the repurchase of certain vehicles and 40:1498(D), relative to safety and fire protection; to provide parts; to provide for certain educational requirements for licensure; relative to per diem paid to members of the governing boards of to provide relative to fees for licensure; to provide for bonding; to certain fire protection districts; to provide concerning the 51st DAY'S PROCEEDINGS Page 125 SENATE June 21, 1999

application and qualification of an individual for an alarm A CONCURRENT STUDY REQUEST contracting license; and to provide for related matters. To urge and request the Senate and House Natural Resources committees to study the long term effects of taking water from HOUSE BILL NO. 2194— public water sources to be used for commercial purposes. BY REPRESENTATIVES SCHNEIDER AND CLARKSON AND SENATOR SCHEDLER SENATE STUDY REQUEST NO. 1— AN ACT BY SENATOR C. FIELDS To enact R.S. 56:1431, relative to Bayou Liberty in St. Tammany A STUDY REQUEST Parish; to provide for the clearing of a portion of such bayou; to To the Senate Committee on Insurance to study the costs and effects of prohibit and provide relative to expropriation of property along a pay at the pump insurance. portion of Bayou Liberty; to provide for conservation easements; and to provide for related matters. SENATE STUDY REQUEST NO. 2— BY SENATOR ELLINGTON HOUSE BILL NO. 2266 (Substitute for House Bill No. 2240 by A STUDY REQUEST Representative Marionneaux)— To the Senate Committee on Insurance to study the advantages and BY REPRESENTATIVE MARIONNEAUX disadvantages of Louisiana joining an Insurance Services AN ACT Organization. To amend and reenact R.S. 15:146(B)(1)(a) and to enact R.S. 13:996.36.1, relative to judicial funds; to authorize a certain SENATE STUDY REQUEST NO. 3— judicial district to assess additional fees or costs for judicial expense BY SENATOR SMITH funds; to provide for the maximum costs which may be imposed A STUDY REQUEST for judicial district indigent offender funds; and to provide for To urge and request the Senate Committee on Transportation, related matters. Highways, and Public Works to study the feasibility of developing a procedure to implement the reduction of speed limits due to HOUSE BILL NO. 2274 (Substitute for House Bill No. 1082 by construction or repair to be in effect only in areas of active Representative Glover)— construction or where workers are on site. BY REPRESENTATIVE GLOVER AN ACT SENATE STUDY REQUEST NO. 4— To enact R.S. 33:2476.1, relative to the municipal fire and police civil BY SENATOR IRONS service board in Shreveport; to provide relative to the composition A STUDY REQUEST of such board; to provide relative to the terms of members and To the Senate Committee on Labor and Industrial Relations to study the vacancies on such board; to provide relative to a quorum; and to prohibitions against discrimination based on actual or perceived provide for related matters. sexual orientation. and asked that the President of the Senate affix his signature to the Leaves of Absence same. The following leaves of absence were asked for and granted: Respectfully submitted, ALFRED W. SPEER Siracusa 1 Day Clerk of the House of Representatives The House Bills and Joint Resolutions contained herein were Adjournment signed by the President of the Senate. Senator Bean moved that the Senate adjourn Sine Die. Message from the House The President of the Senate declared the Senate adjourned Sine Die CONCURRING IN MICHAEL S. BAER, III SENATE CONCURRENT RESOLUTIONS Secretary of the Senate June 21, 1999 GAYE F. HAMILTON Journal Clerk To the Honorable President and Members of the Senate: I am directed to inform your honorable body that the House of Representatives has finally concurred in the following Senate Concurrent Resolutions: SENATE CONCURRENT RESOLUTION NO. 70— BY SENATOR ROMERO A CONCURRENT RESOLUTION To urge and request the Louisiana Public Service Commission to investigate the use of regulated funds by public utility companies for non-regulated contracting activities. Reported without amendments. Respectfully submitted, ALFRED W. SPEER Clerk of the House of Representatives SENATE CONCURRENT STUDY REQUEST NO. 1 BY SENATOR CAIN