OFFICIAL JOURNAL Message from the House OF THE PASSED SENATE BILLS AND SENATE JOINT RESOLUTIONS OF THE May 27, 2003 STATE OF ______To the Honorable President and Members of the Senate:

TWENTY-NINTH______DAY'S PROCEEDINGS I am directed to inform your honorable body that the House of Representatives has finally passed the following Senate Bills and Twenty-Ninth Regular Session of the Legislature Joint Resolutions: Under the Adoption of the Constitution of 1974 SENATE BILL NO. 256— ______BY SENATOR DARDENNE AN ACT Senate Chamber State Capitol To enact R.S. 42:1159, relative to electronic access to certain Baton Rouge, Louisiana information of the Board of Ethics; to require the Board of Ethics to make certain information accessible to the public via Tuesday, May 27, 2003 the Internet; and to provide for related matters. The Senate was called to order at 3:00 o'clock P.M., by Hon. Reported without amendments. John Hainkel, President of the Senate. Respectfully submitted, ROLL CALL ALFRED W. SPEER Clerk of the House of Representatives The roll being called, the following members answered to their names: Privilege Report of the Legislative Bureau PRESENT May 27, 2003 Mr. President Fontenot Malone Adley Gautreaux Marionneaux To the President and Members of the Senate: Bajoie Heitmeier McPherson Barham Hines Michot I am directed by your Legislative Bureau to submit the following Boissiere Holden Mount report: Cain Hollis Romero Chaisson Hoyt Schedler The following bills are approved as to construction and Cravins Irons Smith duplication. We advise and suggest the following amendments to the Dardenne Johnson Tarver engrossed bills. Dean Jones, B Theunissen Dupre Jones, CD Ullo HOUSE BILL NO. 92— Ellington Lambert BY REPRESENTATIVES PINAC, BALDONE, AND PEYCHAUD Fields Lentini AN ACT Total—37 To enact Chapter 8 of Code Title VII of Code Book III of Title 9 of ABSENT the Louisiana Revised Statutes of 1950, to be comprised of R.S. 9:3195 through 3199, and R.S. 37:1455(A)(33), relative to real Bean Thomas estate; to require certain disclosures; to provide for definitions; Total—2 to provide for applicability; to provide for exemptions; to provide for the duties of the seller; to provide for conditions for The President of the Senate announced there were 37 Senators termination of the real estate contract; to provide relative to present and a quorum. information contained in the property disclosure document; to provide relative to the liability of the seller; to provide relative Prayer to the duties and liability of a real estate licensee; to provide relative to other statutory disclosure obligations; to provide for The prayer was offered by Father Louis Oubre, following which certain penalties for real estate licensees, registrants, and the Senate joined in pledging allegiance to the flag of the United certificate holders; and to provide for related matters. States of America. Reported without amendments. Reading of the Journal HOUSE BILL NO. 157— BY REPRESENTATIVES DOWNER, FUTRELL, CAPELLA, R. CARTER, On motion of Senator Lambert, the reading of the Journal was FAUCHEUX, AND WELCH dispensed with and the Journal of yesterday was adopted. AN ACT To amend and reenact R.S. 29:407(D), relative to the Military Morning Hour Service Relief Act; to provide relative to reinstatement of dependents to group, blanket, or franchise life, health, medical, Messages from the House and accident insurance after release from military service; and to provide for related matters. The following Messages from the House were received and read as follows: Reported without amendments. Page 2 SENATE 29th DAY'S PROCEEDINGS May 27, 2003

HOUSE BILL NO. 254— Reported without amendments. BY REPRESENTATIVE MARTINY AN ACT HOUSE BILL NO. 452— To amend and reenact R.S. 38:2212.1(A)(1), relative to the Public BY REPRESENTATIVE FLAVIN Bid Law; to provide relative to the purchase of materials or AN ACT supplies; to increase the purchase amount for which To enact R.S. 37:1446(H), relative to real estate licensees; to provide advertisement and letting by contract are necessary; to increase for factors to determine independent contractor status of the purchase amount for which telephone or facsimile quotations salespersons and associate brokers; and to provide for related are necessary; and to provide for related matters. matters. Reported without amendments. Reported without amendments. HOUSE BILL NO. 320— HOUSE BILL NO. 506— BY REPRESENTATIVES DOWNER, FUTRELL, GARY SMITH, GALLOT, BY REPRESENTATIVE MARTINY HUNTER, MONTGOMERY, MURRAY, SNEED, WADDELL, AND AN ACT WALSWORTH To amend and reenact R.S. 44:36(D), relative to the preservation of AN ACT certain records accumulated by the Department of Public Safety To amend and reenact R.S. 44:132, to enact R.S. 44:20, and to repeal and Corrections, Corrections Services; to reduce the length of R.S. 29:284, relative to the recordation of discharge records time records pertaining to adult offenders must be kept and not from the armed forces; to provide for exemption of military destroyed by the Department of Public Safety and Corrections, discharge records from the public records law; to provide for Corrections Services; and to provide for related matters. release of confidential military discharge records to the veteran and to the executor of his estate or any family member of the Reported without amendments. veteran if the veteran is deceased; and to provide for related matters. HOUSE BILL NO. 631— BY REPRESENTATIVE CURTIS Reported without amendments. AN ACT To amend and reenact R.S. 33:2740.46(B)(2) and (C), relative to the HOUSE BILL NO. 324— Alexandria Central Economic Development District; to provide BY REPRESENTATIVE LANCASTER relative to the boundaries of the district; to decrease the AN ACT membership of the governing board of the district; to provide To repeal R.S. 49:191(12)(k), relative to the Department of Elections relative to the appointment, removal, and terms of board and Registration; to repeal the termination date of the members; and to provide for related matters. Department of Elections and Registration; to provide relative to the existence of the Department of Elections and Registration Reported without amendments. and the statutory entities made a part of the department by law; and to provide for related matters. HOUSE BILL NO. 695— BY REPRESENTATIVES MARTINY, ANSARDI, BOWLER, CAPELLA, Reported without amendments. DAMICO, GREEN, LANCASTER, AND TOOMY AN ACT HOUSE BILL NO. 325— To amend and reenact R.S. 44:11(C) and to enact R.S. 44:11(A)(4), BY REPRESENTATIVE LANCASTER relative to public records; to provide that certain information in AN ACT the personnel records of public employees is confidential under To enact R.S. 49:191(13)(k) and to repeal R.S. 49:191(12)(f), relative certain circumstances; to authorize disclosure of such to the Department of State, including provisions to provide for information under certain circumstances; and to provide for the re-creation of the Department of State and the statutory related matters. entities made a part of the department by law; to provide for the effective termination date for all statutory authority for the Reported without amendments. existence of such statutory entities; and to provide for related matters. HOUSE BILL NO. 709— BY REPRESENTATIVES DOWNER, FUTRELL, CAPELLA, R. CARTER, Reported without amendments. FAUCHEUX, AND WELCH AN ACT HOUSE BILL NO. 326— To amend and reenact R.S. 29:405(A), relative to the Military Service BY REPRESENTATIVE LANCASTER Relief Act; to provide for the payment of compensation of state AN ACT employees called to active service in the uniformed services; to To enact R.S. 49:191(13)(k) and to repeal R.S. 49:191(12)(g), provide for differential pay; to provide for clarification of relative to the Department of State Civil Service, including uniformed service for payment of supplemental pay; to provide provisions to provide for the re-creation of the Department of for applicability; and to provide for related matters. State Civil Service and the statutory entities made a part of the department by law; to provide for the effective termination date Reported without amendments. for all statutory authority for the existence of such statutory entities; and to provide for related matters. HOUSE BILL NO. 721— BY REPRESENTATIVES WINSTON AND STRAIN AND SENATOR Reported without amendments. THOMAS AN ACT HOUSE BILL NO. 327— To enact R.S. 49:149.27, relative to public buildings; to provide that BY REPRESENTATIVE LANCASTER the building in Covington known as the St. Tammany Livestock AN ACT Show Facility be renamed as the Bobby Fletcher Agricultural To amend and reenact R.S. 42:141(A) and (B), 161, and 162(A), Center; and to provide for related matters. relative to the oath of office taken by a public officer; to provide for when a public official shall take the oath of office and who Reported without amendments. may administer the oath; and to provide for related matters. 29th DAY'S PROCEEDINGS Page 3 SENATE May 27, 2003

HOUSE BILL NO. 792— vehicle credit transactions and consumer credit transactions; to BY REPRESENTATIVE L. JACKSON provide relative to written notices of delinquency charges; and AN ACT to provide for related matters. To enact R.S. 17:1603, relative to state buildings; to provide that the administration building at Southern University at Shreveport be Reported without amendments. renamed the Dr. Leonard C. Barnes Administration Building; and to provide for related matters. HOUSE BILL NO. 1146— BY REPRESENTATIVE HAMMETT Reported without amendments. AN ACT To amend and reenact R.S. 9:2772(A)(introductory paragraph) and HOUSE BILL NO. 858— (2), (B)(1)(a), and (G), R.S. 12:23(E)(2), 304(C)(2), 1171(A), BY REPRESENTATIVES LANCASTER AND HUNTER 1173, 1178(C), and 1179(A) and (C), R.S. 14:63(G)(1), AN ACT 63.9(B)(2), and 63.12(D), R.S. 36:509(C), R.S. 37:681, 682, To amend and reenact R.S. 42:1353, 1354, 1355(A), 1357(A)(1), 688, 689, 690, 691(B), 692, 693, 694, 696, 697, 697.1, 698, 1359(A), and 1360, relative to the election of the employee 700, 701, 702, 1736(A)(4) and (5) and (B), and member of the State Civil Service Commission; to provide 2950(D)(1)(a)(x), R.S. 41:642(B) and 1702(C), R.S. 44:41, and procedures for such election; and to provide for related matters. R.S. 56:438, to enact R.S. 12:204(F) and 1306(E), and to repeal R.S. 37:699, relative to professional engineers and professional Reported without amendments. land surveyors; to revise various statutes to reflect the proper designation of the Louisiana Professional Engineering and Land HOUSE BILL NO. 887— Surveying Board; to revise certain operating procedures of the BY REPRESENTATIVE ERDEY board; to provide rules for regulation of business entities other AN ACT than corporations; to provide for disciplinary and enforcement To amend and reenact R.S. 22:1150, relative to producers of record; actions and a procedure for such actions; to provide for to provide relative to authorization and recognition of such misdemeanors; to provide for fines for certain acts and offenses; producers by insurers; to provide with respect to change or and to provide for related matters. removal of such producers; to provide relative to payment of commissions; to make such provisions applicable to accident Reported without amendments. and health insurers and all bond business; and to provide for related matters. HOUSE BILL NO. 1196— BY REPRESENTATIVE L. JACKSON Reported without amendments. AN ACT To amend and reenact R.S. 25:380.52(C), relative to the Louisiana HOUSE BILL NO. 943— Delta Music Museum; to change the membership of the BY REPRESENTATIVE FLAVIN governing board of the museum; to change the terms of certain AN ACT members; and to provide for related matters. To amend and reenact R.S. 9:3143(6), 3144(A)(2), and 3150 and to enact R.S. 9:3144(B)(19), relative to home warranties; to Reported without amendments. provide for definitions; to provide for certain warranties; to provide for exclusions; to provide relative to civil actions; and HOUSE BILL NO. 1209— to provide for related matters. BY REPRESENTATIVE CAPELLA AN ACT Reported without amendments. To enact R.S. 22:2034, relative to insurance; to provide for dental referral plans; to provide for penalties; and to provide for related HOUSE BILL NO. 975— matters. BY REPRESENTATIVE SCHNEIDER AN ACT Reported without amendments. To enact R.S. 37:77.1, relative to accountants; to provide for the continued operation and certification of certain single-owner HOUSE BILL NO. 1230— CPA firms for a certain period of time following such owner's BY REPRESENTATIVE MARTINY death; and to provide for related matters. AN ACT To amend and reenact R.S. 44:4.1(B)(7) and to enact R.S. 15:570(E) Reported without amendments. and (F), relative to execution; to provide that the identities of certain persons who participate in executions of the death HOUSE BILL NO. 1053— sentence shall be confidential; and to provide for related matters. BY REPRESENTATIVE LANCASTER AN ACT Reported without amendments. To enact R.S. 42:6.1(A)(9) and R.S. 44:20, relative to tests prepared, administered, or scored by the office of the state examiner, HOUSE BILL NO. 1264— municipal fire and police civil service; to provide that certain BY REPRESENTATIVES SALTER AND ILES test-related information is confidential; to require certain AN ACT presentations of such test- related information to occur in To amend and reenact R.S. 38:2325(A), relative to the powers of the executive session; and to provide for related matters. Sabine River Authority; to establish a conservation pool level; to prohibit the generation of hydroelectric power under certain Reported without amendments. circumstances; to provide relative to limitations on other uses of water in the reservoir; and to provide for related matters. HOUSE BILL NO. 1067— BY REPRESENTATIVE PINAC Reported without amendments. AN ACT To amend and reenact R.S. 6:969.15(A)(introductory paragraph) and (1) and R.S. 9:3527(A)(introductory paragraph) and (1) and (C)(1) and to repeal R.S. 9:3527(C)(2), relative to consumer credit; to provide relative to delinquency charges in motor Page 4 SENATE 29th DAY'S PROCEEDINGS May 27, 2003

HOUSE BILL NO. 1343— AMENDMENT NO. 2 BY REPRESENTATIVE FLAVIN On page 7, line 19, following "U.S.C." and before "(a)(5)" change AN ACT "1681(i)" to "1681i" To amend and reenact R.S. 37:1448, 1455(A)(11), 1457, and 1458 and to enact R.S. 37:1455(A)(33), 1456(C), and 1459, relative HOUSE BILL NO. 1523— to licensing of real estate agents; to provide for penalties for BY REPRESENTATIVE ARNOLD unlicensed persons or persons whose license is suspended or AN ACT revoked who engage in certain real estate activity; to provide for To amend and reenact R.S. 6:969.37(B) and R.S. 9:3512(4) and certain rules of procedure for administrative and judicial 3514(A), relative to Louisiana Motor Vehicle Sales Finance Act; proceedings; and to provide for related matters. to increase certain fees; to provide for regulation of certain transactions under the Act; and to provide for related matters. Reported without amendments. Reported without amendments. HOUSE BILL NO. 1353— BY REPRESENTATIVES DOWNER, FAUCHEUX, MCDONALD, FUTRELL, HOUSE BILL NO. 1539— ALEXANDER, ANSARDI, ARNOLD, BALDONE, BAUDOIN, BEARD, BY REPRESENTATIVES PINAC, BRUCE, AND FRITH BOWLER, BROOME, BRUCE, CAPELLA, CRANE, CROWE, DAMICO, DANIEL, DARTEZ, DEWITT, DIEZ, DOERGE, DOWNS, DURAND, AN ACT ERDEY, FANNIN, FARRAR, FLAVIN, FRITH, GLOVER, GREEN, To amend and reenact R.S. 37:3393, 3394(B)(1)(b), (D), (G), and (I), GUILLORY, HAMMETT, HEATON, HEBERT, HILL, HONEY, HOPKINS, 3395(A), 3396(C) through (F), 3397, 3398(A)(introductory HUNTER, HUTTER, ILES, L. JACKSON, M. JACKSON, JOHNS, KATZ, KENNARD, KENNEY, LAFLEUR, LANCASTER, LANDRIEU, LEBLANC, paragraph), (1), and (6), (B), (C), and (D), 3400, 3401(A), (B), MARTINY, MURRAY, NEVERS, ODINET, PIERRE, PINAC, PITRE, and (C)(2) and (3)(c), 3403, 3405, 3406(A), (B), and (D), POWELL, QUEZAIRE, ROMERO, SALTER, SCALISE, SCHNEIDER, 3407(A)(1), (2), and (5) and (B), 3408(A), (B), (C)(introductory SCHWEGMANN, SHAW, GARY SMITH, JACK SMITH, JANE SMITH, paragraph) and (1), (D)(introductory paragraph), (1), and (2), JOHN SMITH, SNEED, STELLY, STRAIN, THOMPSON, TOWNSEND, TUCKER, WADDELL, WALKER, WALSWORTH, WELCH, AND WRIGHT and (F), 3409(A)(introductory paragraph) and (6) and (B) AND SENATOR THEUNISSEN through (F), 3410, 3411, and 3413 and R.S. 48:443(A), to enact AN ACT R.S. 37:3392(11) through (15), 3395(C) and (D), 3401(D), To amend and reenact R.S. 29:253(A)(2) and (3), relative to the 3409(A)(8), (9), and (10), and to repeal R.S. 37:3392(5), (8), Veterans' Affairs Commission; to provide for the nomination, and (10), 3398(E), 3399, 3401(C)(1) and (3)(b), 3402, 3404, appointment, and terms of office of the members; and to provide and 3406(C), relative to real estate appraisers; to provide for for related matters. definitions; to provide for licensure of real estate appraiser trainees, residential certified real estate appraisers, and general Reported without amendments. certified real estate appraisers; to provide for the board and its powers and duties; to provide for applications and classes of HOUSE BILL NO. 1354— licensure; to provide for examinations and education and BY REPRESENTATIVES DOWNER, BRUNEAU, GALLOT, LANCASTER, experience requirements; to provide for license terms; to provide MONTGOMERY, MURRAY, PITRE, SCALISE, JOHN SMITH, WADDELL, AND WALSWORTH for nonresident licensees; to provide for renewals; to prohibit AN ACT licensure to certain entities; to provide for the principal place of To amend and reenact R.S. 18:1307(C), relative to an application to business of a licensee; to provide for the use and display of vote absentee by mail; to provide for the application of a licenses; to provide for fees and disciplinary proceedings; to member of the United States Service or person who resides provide relative to standards, documents to be retained, false outside the United States to be valid through two subsequent information, and penalties; and to provide for related matters. federal general elections; to require the registrar to provide written reasons for rejecting the application of a United States Reported without amendments. Service member or other person residing outside the United States; and to provide for related matters. HOUSE BILL NO. 1594— BY REPRESENTATIVES K. CARTER, BAYLOR, BROOME, CURTIS, GALLOT, GLOVER, GREEN, GUILLORY, HONEY, HUDSON, HUNTER, L. Reported without amendments. JACKSON, M. JACKSON, LUCAS, MORRELL, MURRAY, PEYCHAUD, PIERRE, QUEZAIRE, RICHMOND, SWILLING, AND WELCH HOUSE BILL NO. 1448— AN ACT BY REPRESENTATIVES HEBERT, ERDEY, BOWLER, CAPELLA, To enact R.S. 18:18(A)(8), relative to the duties and powers of the MORRISH, GARY SMITH, BALDONE, GLOVER, SCALISE, AND secretary of state; to provide for the secretary of state to be WALSWORTH AN ACT responsible for the implementation of voter registration week; To enact Part XXXI-A of Chapter 1 of Title 22 of the Louisiana and to provide for related matters. Revised Statutes of 1950, to be comprised of R.S. 22:1481 through 1494, relative to the use of credit information for Reported without amendments. personal insurance; to provide for requirements and restrictions; HOUSE BILL NO. 1649— to provide for corrections; to provide for notification; to provide BY REPRESENTATIVE MARTINY for filings; to provide for indemnification; to provide for AN ACT applicability; and to provide for related matters. To enact R.S. 44:11(D), relative to confidentiality of certain information in personnel records; to provide that certain Reported with amendments. information in the personnel records of a public employee or public official shall be confidential; and to provide for related LEGISLATIVE BUREAU AMENDMENTS matters. Amendments proposed by Legislative Bureau to Reengrossed House Reported without amendments. Bill No. 1448 by Representative Hebert AMENDMENT NO. 1 On page 2, line 5, following "dwelling" and before "insurance" change "dire" to "fire" 29th DAY'S PROCEEDINGS Page 5 SENATE May 27, 2003

HOUSE BILL NO. 1669— HOUSE BILL NO. 2005 (Substitute for House Bill No. 1082 by BY REPRESENTATIVES THOMPSON, R. CARTER, BAUDOIN, Representative Hebert)— CAZAYOUX, DOWNS, FANNIN, FRITH, HILL, KENNEY, MORRISH, JACK BY REPRESENTATIVE HEBERT SMITH, AND STRAIN AN ACT AN ACT To enact R.S. 22:1513.1, relative to review of dental claims; to To amend and reenact Part VI of Chapter 5 of Title 3 of the Louisiana provide relative to appeals of denied dental claims; and to Revised statutes of 1950, to be comprised of R.S. 3:551.1 provide for related matters. through 551.12, relative to the production and sale of eggs in Louisiana; to provide relative to the composition of the Reported without amendments. Louisiana Egg Commission; to provide relative to the authority of the commission and the authority of the commissioner of HOUSE BILL NO. 2011 (Substitute for House Bill No. 1382 by agriculture and forestry to regulate the egg business; to provide Representative Lancaster)— relative to research on and marketing of eggs; to provide for fees BY REPRESENTATIVES LANCASTER, DEWITT, BRUNEAU, ANSARDI, and assessments; to provide relative to certain violations and BALDONE, BOWLER, CAPELLA, MARTINY, SCALISE, SNEED, AND penalties therefor; and to provide for related matters. STRAIN AN ACT Reported without amendments. To amend and reenact R.S. 24:35.5(A)(11), (12), (52), (53), (74), (75), (79), (80), (81), and (82), (B), and (C), to provide for the HOUSE BILL NO. 1691— composition of House of Representative Districts Nos. 11, 12, BY REPRESENTATIVE HEBERT 52, 53, 74, 75, 79, 80, 81, and 82; to provide for the precincts AN ACT used to compose such districts; to provide for severability; to To enact Part V-A of Chapter 1 of Title 22 of the Louisiana Revised provide for effectiveness; and to provide for related matters. Statutes of 1950, to be comprised of R.S. 22:191 through 200, and R.S. 22:1078 (B)(19)and (20), and to repeal Part V-B of Reported without amendments. Chapter 1 of Title 22 of the Louisiana Revised Statutes of 1950, comprised of R.S. 22:201 through 210.1, relative to viatical HOUSE BILL NO. 2012 (Substitute for House Bill No. 1422 by settlements of life insurance; to provide for licenses; to provide Representative Hebert)— for revocation and denial; to provide for contracts; to provide for BY REPRESENTATIVE HEBERT privacy; to provide for examinations and investigations; to AN ACT provide for disclosures; to provide for rules; to provide for To amend and reenact R.S. 22:173.1(C)(introductory paragraph) and prohibitions; to provide for advertising; to provide for fraud; to to enact R.S. 22:173.1(L), relative to standard nonforfeiture law provide for legal proceedings; to provide for unfair trade for individual deferred annuities; to provide for minimum practices; to provide for authority of the commissioner of values; to provide for net considerations; to provide for interest insurance; to provide for fees; and to provide for related matters. rates; to provide for the authority of the commissioner; to provide for rules; and to provide for related matters. Reported without amendments. Reported with amendments. HOUSE BILL NO. 1769 (Substitute for House Bill No. 698 by Representative Pinac)— LEGISLATIVE BUREAU AMENDMENTS BY REPRESENTATIVE PINAC AN ACT Amendments proposed by Legislative Bureau to Engrossed House To amend and reenact R.S. 40:1568.1, relative to orders of the fire Bill No. 2012 by Representative Hebert marshal; to provide that the fire marshal shall order an investigation of any fire resulting in any human death; and to AMENDMENT NO. 1 provide for related matters. On page 2, lines 18 and 19, following "in" and before "; and" change "Subsection (L)(2) of this Section" to "Paragraph (2) of this Reported without amendments. Subsection" HOUSE BILL NO. 1796— AMENDMENT NO. 2 BY REPRESENTATIVE BRUNEAU On page 3, line 13, change "Subparagraph (L)(2)(d) of this Section" AN ACT to "Subparagraph (2)(d) of this Subsection" To amend and reenact R.S. 12:954 (introductory paragraph) and (3), 959, 965 and 969 and to enact R.S. 12:954(4); relative to AMENDMENT NO. 3 corporations; to make technical corrections to the Industrial or On page 3, line 25, following "in" and before "by" change Economic Development Corporations law; and to provide for "Subparagraph (L)(2)(b) of this Section" to "Subparagraph (2)(b) of related matters. this Subsection" Reported without amendments. AMENDMENT NO. 4 On page 4, line 9, change "Paragraph (L)(3) of this Section" to HOUSE BILL NO. 1833— "Paragraph (3) of this Subsection" BY REPRESENTATIVE MORRISH AN ACT Respectfully submitted, To amend and reenact R.S. 22:1142(A)(introductory paragraph) and LOUIS LAMBERT (4) and R.S. 40:1428(A)(3), relative to insurance fraud; to Chairman provide for licensing; to provide for funding; and to provide for related matters. Adoption of Legislative Bureau Report Reported without amendments. On motion of Senator Lambert, the Legislative Bureau amendments were adopted and the Bills and Joint Resolutions were read by title and passed to a third reading. Page 6 SENATE 29th DAY'S PROCEEDINGS May 27, 2003

Messages from the House HOUSE BILL NO. 892— BY REPRESENTATIVE HAMMETT The following Messages from the House were received and read AN ACT as follows: To amend and reenact R.S. 51:2453(4) and to enact R.S. 47:6007(C)(4), relative to economic development incentives; to provide that certain out-of-state employees locating in Louisiana Message from the House qualify as "new direct jobs" when determining the amount of rebates under the Quality Jobs Rebate Program; to provide ASKING CONCURRENCE IN relative to certain transactions of motion picture investors; to HOUSE BILLS AND JOINT RESOLUTIONS provide for an effective date; and to provide for related matters. May 27, 2003 HOUSE BILL NO. 976— BY REPRESENTATIVE JACK SMITH To the Honorable President and Members of the Senate: AN ACT To enact R.S. 32:63.2, relative to speed limits; to provide for speed I am directed to inform your honorable body that the House of limits on Louisiana Highway 182; and to provide for related Representatives has finally passed and asks your concurrence in the matters. following House Bills and Joint Resolutions: HOUSE BILL NO. 1051— HOUSE BILL NO. 150— BY REPRESENTATIVE HEBERT BY REPRESENTATIVE TUCKER AN ACT AN ACT To amend and reenact Code of Civil Procedure Article 1920, relative To enact R.S. 45:844.4 and 844.8, relative to telephonic solicitations; to court costs; to require the non-prevailing party to pay all costs to provide relative to solicitations to wireless subscribers; to if the suit is frivolous; and to provide for related matters. provide for definitions; to prohibit certain solicitations; to provide for responsibility; to provide for investigations and HOUSE BILL NO. 1564— penalties; and to provide for related matters. BY REPRESENTATIVE WALSWORTH AN ACT HOUSE BILL NO. 859— To amend and reenact R.S. 46:236.5(C), relative to hearing officers; BY REPRESENTATIVE LANCASTER to provide for the use of hearing officers in expedited AN ACT proceedings relative to domestic matters; to expand the authority To amend and reenact R.S. 37:1474(B), relative to the Louisiana of hearing officers; to provide for the entering of default State Board of Home Inspectors; to include the International judgments; to provide for the granting of uncontested matters; Society of Home Inspectors among the organizations that to authorize the referral for mediation, evaluations, and drug provide a list of names for selection of the members of the tests; to provide for contempt of court; to provide a process for board; and to provide for related matters. objecting to a hearing officer's recommendations; to provide for final judgments; and to provide for related matters. HOUSE BILL NO. 883— BY REPRESENTATIVE BROOME HOUSE BILL NO. 1617— AN ACT BY REPRESENTATIVE DEVILLIER To amend and reenact R.S. 33:2870, 2891.4, 4720.16(C), AN ACT 4720.29(A), and 4720.30(C) and to enact R.S. 33:2881, To amend and reenact Civil Code Article 1833, relative to signatures 4720.16(D), and 4720.29(D), relative to the post-adjudication on authentic acts; to require legible hand printed or typed sale or donation of adjudicated property; to authorize the names; to provide for defect of form; and to provide for related purchaser or donee of such property to record an affidavit matters. relative to notice procedures; to provide relative to the cancellation of encumbrances recorded against such property HOUSE BILL NO. 1820— and to require the clerks of court to cancel encumbrances BY REPRESENTATIVE M. JACKSON recorded against such property; to exempt such property from AN ACT certain provisions governing the transfer of property acquired by To enact Code of Evidence Article 518, relative to privileged the state or political subdivisions; and to provide for related communications; to provide for a testimonial privilege for matters. certain communications made to a trained peer support member; to provide for definitions; and to provide for related matters. HOUSE BILL NO. 1339— BY REPRESENTATIVE GLOVER HOUSE BILL NO. 1708— AN ACT BY REPRESENTATIVES HAMMETT AND FAUCHEUX To rename a portion of Louisiana Highway 3132 between Interstate AN ACT 20 and Interstate 49, located in Caddo Parish, the Terry To enact Part V of Chapter 9 of Title 56 of the Louisiana Revised Bradshaw Passway; and to provide for related matters. Statutes of 1950, to be comprised of R.S. 56:1950.1 and 1950.2, relative to historic roads and Louisiana byways; to designate the HOUSE BILL NO. 1237— Louisiana as a Louisiana byway; and to BY REPRESENTATIVE WALSWORTH provide for related matters. AN ACT To amend and reenact Code of Civil Procedure Articles 2332(A), HOUSE BILL NO. 173— 2636(1), and 3722 and to repeal Code of Civil Procedure Article BY REPRESENTATIVE PINAC 2639, relative to foreclosure; to provide for appraisals in judicial AN ACT sales under fieri facias; to provide for authentic evidence in To enact R.S. 45:844.12(4)(g), relative to telephonic solicitations; to executory proceedings; to provide for enforcement by ordinary provide for definitions; to provide for exceptions; and to provide process; and to provide for related matters. for related matters. 29th DAY'S PROCEEDINGS Page 7 SENATE May 27, 2003

HOUSE BILL NO. 1672— HOUSE BILL NO. 2020 (Substitute for House Bill No. 1546 by BY REPRESENTATIVES BROOME, WELCH, LUCAS, AND MURRAY Representative Bowler)— AN ACT BY REPRESENTATIVE BOWLER To enact R.S. 1:58.2, relative to special days; to recognize and AN ACT designate the third Saturday in June as "Juneteenth Day"; to To amend and reenact R.S. 9:2273, relative to trusts; to provide for provide that this date shall be observed by the state; and to the definition of corporate trustee; and to provide for related provide for related matters. matters. HOUSE BILL NO. 811— HOUSE BILL NO. 1839— BY REPRESENTATIVE MURRAY BY REPRESENTATIVES BAYLOR AND L. JACKSON AN ACT AN ACT To enact Chapter 31 of Title 48 of the Louisiana Revised Statues of To enact Children's Code Article 423(C)(6), relative to the authority 1950, to be comprised of R.S. 48:2091 through 2094, relative to of hearing officers in juvenile court; to authorize hearing officers the Orleans and Jefferson Parish Transportation Authority; to to hear and make recommendations on all restraining orders create the Orleans and Jefferson Parish Transportation Authority filed in accordance with Children's Code Articles 1569 and to discuss and coordinate transportation issues pertaining to 1570; and to provide for related matters. Orleans and Jefferson Parish; and to establish the boundaries thereof; to provide for a board of commissioners; to provide for HOUSE BILL NO. 1928— membership of such board its powers, duties, and functions; and BY REPRESENTATIVE DOWNER to provide for related matters. AN ACT To amend and reenact R.S. 48:229, relative to the state highway HOUSE BILL NO. 1794— system; to provide relative to priority reports on construction BY REPRESENTATIVE R. CARTER projects; to provide relative to the factors the Deptartment of AN ACT Transportation and Development shall consider when deciding To amend and reenact Code of Civil Procedure Article 970(C), the order of priorities; to require the department to consider relative to offer of judgment procedures; to provide for attorney certain factors when determining the order of priority projects; fees; and to provide for related matters. and to provide for related matters. HOUSE BILL NO. 1814— Respectfully submitted, BY REPRESENTATIVE DIEZ ALFRED W. SPEER AN ACT Clerk of the House of Representatives To amend and reenact R.S. 48:274.1(A), relative to highways; to provide relative to logo signs on interstate highways and other certain highways; to authorize the department to contract with House Bills and Joint Resolutions a qualified third party for the placement and maintenance of on First Reading logo signs; to provide relative to the contract and accounting of revenues between the parties; to provide relative to fees for The following House Bills and Joint Resolutions were read a certain logo signs; to authorize the promulgation of rules and first time by their titles and placed on the Calendar for their second regulations; and to provide for related matters. reading: HOUSE BILL NO. 1840— HOUSE BILL NO. 150— BY REPRESENTATIVE DARTEZ BY REPRESENTATIVE TUCKER AN ACT AN ACT To amend and reenact R.S. 37:1104(A), (B)(1) and (2)(a) and (C), To enact R.S. 45:844.4 and 844.8, relative to telephonic solicitations; 1116(B)(introductory paragraph) and (C)(introductory to provide relative to solicitations to wireless subscribers; to paragraph), 1120(A)(introductory paragraph), and 1121 and to provide for definitions; to prohibit certain solicitations; to repeal R.S. 37:1104(B)(2)(d) and 1106(A)(9), relative to provide for responsibility; to provide for investigations and licensed marriage and family therapists; to provide for changes penalties; and to provide for related matters. to the content of the board; to delete the examination fee for marriage and family license applicants; to provide for The bill was read by title; lies over under the rules. replacements for vacancies that arise in the board; and to provide for related matters. HOUSE BILL NO. 173— BY REPRESENTATIVE PINAC AN ACT HOUSE BILL NO. 1861— BY REPRESENTATIVES BRUCE AND PINAC To enact R.S. 45:844.12(4)(g), relative to telephonic solicitations; to AN ACT provide for definitions; to provide for exceptions; and to provide To amend and reenact R.S. 6:101(B)(1) and (4), relative to the for related matters. commissioner of the Office of Financial Institutions; to provide for qualifications; and to provide for related matters. The bill was read by title; lies over under the rules. HOUSE BILL NO. 1935— HOUSE BILL NO. 811— BY REPRESENTATIVE KATZ BY REPRESENTATIVE MURRAY AN ACT AN ACT To amend and reenact R.S. 47:463(A)(3), relative to special prestige To enact Chapter 31 of Title 48 of the Louisiana Revised Statues of license plates; to require an organization to prepay the 1950, to be comprised of R.S. 48:2091 through 2094, relative to secretary of the office of motor vehicles for one thousand license the Orleans and Jefferson Parish Transportation Authority; to plates or provide a guarantee that one thousand license plates create the Orleans and Jefferson Parish Transportation Authority will be purchased before such a plate is created; and to provide to discuss and coordinate transportation issues pertaining to for related matters. Orleans and Jefferson Parish; and to establish the boundaries thereof; to provide for a board of commissioners; to provide for membership of such board its powers, duties, and functions; and to provide for related matters. Page 8 SENATE 29th DAY'S PROCEEDINGS May 27, 2003

The bill was read by title; lies over under the rules. The bill was read by title; lies over under the rules. HOUSE BILL NO. 859— HOUSE BILL NO. 1339— BY REPRESENTATIVE LANCASTER BY REPRESENTATIVE GLOVER AN ACT AN ACT To amend and reenact R.S. 37:1474(B), relative to the Louisiana To rename a portion of Louisiana Highway 3132 between Interstate State Board of Home Inspectors; to include the International 20 and Interstate 49, located in Caddo Parish, the Terry Society of Home Inspectors among the organizations that Bradshaw Passway; and to provide for related matters. provide a list of names for selection of the members of the board; and to provide for related matters. The bill was read by title; lies over under the rules. The bill was read by title; lies over under the rules. HOUSE BILL NO. 1564— BY REPRESENTATIVE WALSWORTH HOUSE BILL NO. 883— AN ACT BY REPRESENTATIVE BROOME To amend and reenact R.S. 46:236.5(C), relative to hearing officers; AN ACT to provide for the use of hearing officers in expedited To amend and reenact R.S. 33:2870, 2891.4, 4720.16(C), proceedings relative to domestic matters; to expand the authority 4720.29(A), and 4720.30(C) and to enact R.S. 33:2881, of hearing officers; to provide for the entering of default 4720.16(D), and 4720.29(D), relative to the post-adjudication judgments; to provide for the granting of uncontested matters; sale or donation of adjudicated property; to authorize the to authorize the referral for mediation, evaluations, and drug purchaser or donee of such property to record an affidavit tests; to provide for contempt of court; to provide a process for relative to notice procedures; to provide relative to the objecting to a hearing officer's recommendations; to provide for cancellation of encumbrances recorded against such property final judgments; and to provide for related matters. and to require the clerks of court to cancel encumbrances recorded against such property; to exempt such property from The bill was read by title; lies over under the rules. certain provisions governing the transfer of property acquired by the state or political subdivisions; and to provide for related HOUSE BILL NO. 1617— matters. BY REPRESENTATIVE DEVILLIER AN ACT The bill was read by title; lies over under the rules. To amend and reenact Civil Code Article 1833, relative to signatures on authentic acts; to require legible hand printed or typed HOUSE BILL NO. 892— names; to provide for defect of form; and to provide for related BY REPRESENTATIVE HAMMETT matters. AN ACT To amend and reenact R.S. 51:2453(4) and to enact R.S. The bill was read by title; lies over under the rules. 47:6007(C)(4), relative to economic development incentives; to provide that certain out-of-state employees locating in Louisiana HOUSE BILL NO. 1672— qualify as "new direct jobs" when determining the amount of BY REPRESENTATIVES BROOME, WELCH, LUCAS, AND MURRAY rebates under the Quality Jobs Rebate Program; to provide AN ACT relative to certain transactions of motion picture investors; to To enact R.S. 1:58.2, relative to special days; to recognize and provide for an effective date; and to provide for related matters. designate the third Saturday in June as "Juneteenth Day"; to provide that this date shall be observed by the state; and to The bill was read by title; lies over under the rules. provide for related matters. HOUSE BILL NO. 976— The bill was read by title; lies over under the rules. BY REPRESENTATIVE JACK SMITH AN ACT HOUSE BILL NO. 1708— To enact R.S. 32:63.2, relative to speed limits; to provide for speed BY REPRESENTATIVES HAMMETT AND FAUCHEUX limits on Louisiana Highway 182; and to provide for related AN ACT matters. To enact Part V of Chapter 9 of Title 56 of the Louisiana Revised Statutes of 1950, to be comprised of R.S. 56:1950.1 and 1950.2, The bill was read by title; lies over under the rules. relative to historic roads and Louisiana byways; to designate the Louisiana Great River Road as a Louisiana byway; and to HOUSE BILL NO. 1051— provide for related matters. BY REPRESENTATIVE HEBERT AN ACT The bill was read by title; lies over under the rules. To amend and reenact Code of Civil Procedure Article 1920, relative to court costs; to require the non-prevailing party to pay all costs HOUSE BILL NO. 1794— if the suit is frivolous; and to provide for related matters. BY REPRESENTATIVE R. CARTER AN ACT The bill was read by title; lies over under the rules. To amend and reenact Code of Civil Procedure Article 970(C), relative to offer of judgment procedures; to provide for attorney HOUSE BILL NO. 1237— fees; and to provide for related matters. BY REPRESENTATIVE WALSWORTH AN ACT The bill was read by title; lies over under the rules. To amend and reenact Code of Civil Procedure Articles 2332(A), 2636(1), and 3722 and to repeal Code of Civil Procedure Article HOUSE BILL NO. 1814— 2639, relative to foreclosure; to provide for appraisals in judicial BY REPRESENTATIVE DIEZ sales under fieri facias; to provide for authentic evidence in AN ACT executory proceedings; to provide for enforcement by ordinary To amend and reenact R.S. 48:274.1(A), relative to highways; to process; and to provide for related matters. provide relative to logo signs on interstate highways and other certain highways; to authorize the department to contract with a qualified third party for the placement and maintenance of 29th DAY'S PROCEEDINGS Page 9 SENATE May 27, 2003

logo signs; to provide relative to the contract and accounting of will be purchased before such a plate is created; and to provide revenues between the parties; to provide relative to fees for for related matters. certain logo signs; to authorize the promulgation of rules and regulations; and to provide for related matters. The bill was read by title; lies over under the rules. The bill was read by title; lies over under the rules. HOUSE BILL NO. 2020 (Substitute for House Bill No. 1546 by Representative Bowler)— HOUSE BILL NO. 1820— BY REPRESENTATIVE BOWLER BY REPRESENTATIVE M. JACKSON AN ACT AN ACT To amend and reenact R.S. 9:2273, relative to trusts; to provide for To enact Code of Evidence Article 518, relative to privileged the definition of corporate trustee; and to provide for related communications; to provide for a testimonial privilege for matters. certain communications made to a trained peer support member; to provide for definitions; and to provide for related matters. The bill was read by title; lies over under the rules. The bill was read by title; lies over under the rules. Messages from the House HOUSE BILL NO. 1839— The following Messages from the House were received and read BY REPRESENTATIVES BAYLOR AND L. JACKSON as follows: AN ACT To enact Children's Code Article 423(C)(6), relative to the authority of hearing officers in juvenile court; to authorize hearing officers Message from the House to hear and make recommendations on all restraining orders filed in accordance with Children's Code Articles 1569 and ASKING CONCURRENCE IN 1570; and to provide for related matters. HOUSE CONCURRENT RESOLUTIONS The bill was read by title; lies over under the rules. May 27, 2003 HOUSE BILL NO. 1840— To the Honorable President and Members of the Senate: BY REPRESENTATIVE DARTEZ AN ACT I am directed to inform your honorable body that the House of To amend and reenact R.S. 37:1104(A), (B)(1) and (2)(a) and (C), Representatives has finally passed and asks your concurrence in the 1116(B)(introductory paragraph) and (C)(introductory following House Concurrent Resolutions: paragraph), 1120(A)(introductory paragraph), and 1121 and to repeal R.S. 37:1104(B)(2)(d) and 1106(A)(9), relative to HOUSE CONCURRENT RESOLUTION NO. 171— licensed marriage and family therapists; to provide for changes BY REPRESENTATIVE FAUCHEUX to the content of the board; to delete the examination fee for A CONCURRENT RESOLUTION marriage and family license applicants; to provide for To commend Courtney Porteous Millet upon being named the 2002 replacements for vacancies that arise in the board; and to Louisiana Elementary School Principal of the Year. provide for related matters. HOUSE CONCURRENT RESOLUTION NO. 173— BY REPRESENTATIVE ODINET The bill was read by title; lies over under the rules. A CONCURRENT RESOLUTION To request the commissioner of agriculture and forestry to examine HOUSE BILL NO. 1861— BY REPRESENTATIVES BRUCE AND PINAC agricultural commodities imported into Louisiana from the state AN ACT of California to confirm their compliance with public health and To amend and reenact R.S. 6:101(B)(1) and (4), relative to the safety standards. commissioner of the Office of Financial Institutions; to provide for qualifications; and to provide for related matters. Respectfully submitted, ALFRED W. SPEER The bill was read by title; lies over under the rules. Clerk of the House of Representatives HOUSE BILL NO. 1928— House Concurrent Resolutions BY REPRESENTATIVE DOWNER AN ACT Senator Lambert asked for and obtained a suspension of the To amend and reenact R.S. 48:229, relative to the state highway rules to take up at this time the following House Concurrent system; to provide relative to priority reports on construction Resolutions just received from the House which were taken up, read projects; to provide relative to the factors the Deptartment of a first and second time by their titles and acted upon as follows: Transportation and Development shall consider when deciding the order of priorities; to require the department to consider HOUSE CONCURRENT RESOLUTION NO. 171— certain factors when determining the order of priority projects; BY REPRESENTATIVE FAUCHEUX and to provide for related matters. A CONCURRENT RESOLUTION To commend Courtney Porteous Millet upon being named the 2002 The bill was read by title; lies over under the rules. Louisiana Elementary School Principal of the Year. HOUSE BILL NO. 1935— The resolution was read by title. Senator Chaisson moved to BY REPRESENTATIVE KATZ concur in the House Concurrent Resolution. AN ACT To amend and reenact R.S. 47:463(A)(3), relative to special prestige license plates; to require an organization to prepay the secretary of the office of motor vehicles for one thousand license plates or provide a guarantee that one thousand license plates Page 10 SENATE 29th DAY'S PROCEEDINGS May 27, 2003

ROLL CALL HOUSE BILL NO. 106— BY REPRESENTATIVE CAZAYOUX The roll was called with the following result: AN ACT To amend and reenact R.S. 14:102.12(introductory paragraph) and to YEAS enact R.S. 14:102.18, relative to the seizure and euthanizing of dogs; to authorize law enforcement officers and animal control Mr. President Fields Lentini officers to seize dogs which cause death or inflict serious bodily Bajoie Gautreaux Malone injury on human beings; to provide for a hearing to determine Boissiere Hines McPherson whether such dogs shall be euthanized; to provide for owner Cain Hollis Michot liability for costs and expenses of keeping the dog in certain Chaisson Hoyt Mount circumstances; and to provide for related matters. Cravins Irons Romero Dardenne Johnson Smith On motion of Senator Lambert, the bill was read by title and Dean Jones, B Tarver referred to the Committee on Agriculture, Forestry, Aquaculture and Dupre Jones, CD Ullo Rural Development. Ellington Lambert HOUSE BILL NO. 140— Total—29 BY REPRESENTATIVES ANSARDI AND JOHNS NAYS AN ACT To amend and reenact Children's Code Article 1131 and to enact Total—0 Chapter 2-A of Title XI of the Children's Code, to be comprised ABSENT of Articles 1107.1 through 1107.9, relative to voluntary surrender for adoption; to provide rules to facilitate the intent to Adley Heitmeier Theunissen surrender process; to provide forms to be used in intent to Barham Holden Thomas surrender cases; to provide procedural safeguards in intent to Bean Marionneaux surrender cases; and to provide for related matters. Fontenot Schedler Total—10 On motion of Senator Lambert, the bill was read by title and referred to the Committee on Judiciary A. The Chair declared the Senate had concurred in the House Concurrent Resolution and ordered it returned to the House. HOUSE BILL NO. 515— BY REPRESENTATIVE PINAC HOUSE CONCURRENT RESOLUTION NO. 173— AN ACT BY REPRESENTATIVE ODINET To enact R.S. 14:331.1 and to repeal Part XV of Chapter 2 of Code A CONCURRENT RESOLUTION Title XII of Code Book III of Title 9 of the Louisiana Revised To request the commissioner of agriculture and forestry to examine Statutes of 1950, comprised of R.S. 9:3573.1 through 3573.16, agricultural commodities imported into Louisiana from the state relative to credit repair services; to prohibit the business of of California to confirm their compliance with public health and credit repair services in the state; to provide for exceptions; to safety standards. provide for penalties for violations; to provide relative to the Office of Financial Institutions; to repeal licensing and On motion of Senator Lambert, the resolution was read by title regulatory requirements; and to provide for related matters. and referred to the Committee on Agriculture, Forestry, Aquaculture and Rural Development. On motion of Senator Lambert, the bill was read by title and referred to the Committee on Commerce, Consumer Protection and House Bills and Joint Resolutions Internal Affairs. on Second Reading to be Referred HOUSE BILL NO. 1190— The following House Bills and Joint Resolutions were read by BY REPRESENTATIVE PINAC title and referred to committees as follows: AN ACT To amend and reenact R.S. 6:1083(6), 1087(B)(1), (10), and (C), HOUSE BILL NO. 88— 1088(F)(5), 1089(A)(1) and (B)(1) and (2), BY REPRESENTATIVES STRAIN, NEVERS, POWELL, SCHWEGMANN, 1090(B)(2)(introductory paragraph) and (3), 1091(C)(1), SHAW, FLAVIN, GUILLORY, JOHNS, LANCASTER, JOHN SMITH, 1096(G), 1097(B)(introductory paragraph), and 1099(B), to WADDELL, WALKER, WINSTON, AND WOOTON AND SENATORS enact R.S. 6:1086(C), 1090(B)(4), 1092(J), 1094(G), and DUPRE, GAUTREAUX, ADLEY, CAIN, ROMERO, AND THEUNISSEN AN ACT 1096(I), and to repeal R.S. 6:1087(D) and 1092(D), relative to To amend and reenact R.S. 27:392(B)(2)(b) and (3) through (6) and residential mortgage lending activities; to expand the definition to enact R.S. 27:392(B)(7), relative to the Pari-mutuel Live of originator; to provide for and eliminate licensing exemptions; Racing Facility Economic Redevelopment and Gaming Control to provide for licensing qualifications; to define acquisition or Act; to provide for the distribution of certain revenues; to make control of a licensee; to allow the commissioner to disseminate certain technical corrections; to establish the Equine Health information; to provide for licensing of previously exempt Studies Program Fund in the state treasury; to provide for a person; to prohibit and punish certain practices; and to provide portion of the monies in the Pari-mutuel Live Racing Facility for related matters. Gaming Control Fund to be deposited into the Equine Health Studies Program Fund; to provide for the use of the monies in On motion of Senator Lambert, the bill was read by title and such fund; to provide for an effective date; and to provide for referred to the Committee on Commerce, Consumer Protection and related matters. Internal Affairs. On motion of Senator Lambert, the bill was read by title and referred to the Committee on Judiciary B. 29th DAY'S PROCEEDINGS Page 11 SENATE May 27, 2003

HOUSE BILL NO. 1315— late charges and penalties; to provide for uniform standards for BY REPRESENTATIVE TRICHE notary examinations; to provide for the authority and duties of AN ACT the secretary of state; to provide for certain fees; to provide for To amend and reenact R.S. 32:432(A) and to enact R.S. 32:414(P) a database of all notaries; to provide for the authority of ex and 432(C) and R.S. 47:296.2, relative to individual income tax; officio notaries; and to provide for related matters. to suspend drivers' licenses for failure to pay individual income tax; to deny the renewal of drivers' licenses for failure to pay On motion of Senator Lambert, the bill was read by title and individual income tax; to provide for promulgation of rules; to referred to the Committee on Judiciary A. provide for an effective date; and to provide for related matters. HOUSE BILL NO. 1979— On motion of Senator Lambert, the bill was read by title and BY REPRESENTATIVE FRITH referred to the Committee on Revenue and Fiscal Affairs. AN ACT To enact R.S. 47:511(C), relative to accounts created under the HOUSE BILL NO. 1406— International Registration Plan interstate compact; to provide for BY REPRESENTATIVE ROMERO the refund of registration or licensure fees to owners of vehicles AN ACT registered or licensed under certain circumstances; to provide To enact R.S. 45:164(E), relative to common carriers; to provide procedures for such refunds; to provide for limitation of relative to movers of household goods; to require all movers of liability; and to provide for related matters. household goods to comply with certain requirements; and to provide for related matters. On motion of Senator Lambert, the bill was read by title and referred to the Committee on Transportation, Highways, and Public On motion of Senator Lambert, the bill was read by title and Works. referred to the Committee on Transportation, Highways, and Public Works. HOUSE BILL NO. 2019 (Substitute for House Bill No. 1715 by Representative Glover)— HOUSE BILL NO. 1492— BY REPRESENTATIVES GLOVER AND L. JACKSON BY REPRESENTATIVES MONTGOMERY AND MURRAY AN ACT AN ACT To enact R.S. 40:31.2, relative to public health; creates the To amend and reenact R.S. 27:392(B)(2)(b) and (3) through (6) and Interagency Task Force on Health Literacy; and to provide for to enact R.S. 27:392(B)(7), relative to the distribution of related matters. revenues derived under the Pari-mutuel Live Racing Facility Economic Redevelopment and Gaming Control Act; to authorize On motion of Senator Lambert, the bill was read by title and appropriations of such revenues to certain entities serving the referred to the Committee on Health and Welfare. blind; to establish the Equine Health Studies Program Fund in the state treasury and to provide for the deposit of monies into the fund and for the uses of such monies; to provide for certain Reports of Committees dedications; to make certain technical corrections; to provide for The following reports of committees were received and read: an effective date; and to provide for related matters. On motion of Senator Lambert, the bill was read by title and REPORT OF COMMITTEE ON referred to the Committee on Judiciary B. FINANCE HOUSE BILL NO. 1756— BY REPRESENTATIVES PEYCHAUD, L. JACKSON, CURTIS, HONEY, Senator Dardenne, Chairman on behalf of the Committee on MURRAY, RICHMOND, JACK SMITH, SWILLING, WALKER, WELCH, Finance, submitted the following report: WINSTON, BROOME, K. CARTER, M. JACKSON, AND MORRELL AND SENATOR IRONS AN ACT May 22, 2003 To enact R.S. 40:600.6(A)(4)(b)(vi) and (25) and Chapter 3-B of Title 40 of the Louisiana Revised Statutes of 1950, to be To the President and Members of the Senate: comprised of R.S. 40:600.26, and Subpart X of Part I of Chapter 1 of Subtitle II of Title 47 of the Louisiana Revised Statutes of I am directed by your Committee on Finance to submit the 1950, to be comprised of R.S. 47:120.64, relative to the following report: Louisiana Housing Finance Agency; to create the Louisiana Housing Trust Fund; to provide for use of the trust fund to assist SENATE BILL NO. 61— BY SENATOR C. JONES low-income individuals and families by providing for AN ACT development, rehabilitation, and preservation of affordable To enact Part III-A of Chapter 39 of Title 51 of the Louisiana housing; to provide for deposit of certain monies into the trust Revised Statutes of 1950, to be comprised of R.S. 51:2326 fund; to provide for authority to administer the trust fund; to through 2330, relative to economic development activities; to exempt the trust fund from the Administrative Procedure Act; to provide for the creation of the Monroe and Northeast Louisiana provide for a refund checkoff on individual state income tax Technology and Business Incubation Center; to provide returns for the trust fund; and to provide for related matters. definitions; to provide for qualifications; to provide for grants; and to provide for related matters. On motion of Senator Lambert, the bill was read by title and referred to the Committee on Local and Municipal Affairs. Reported favorably. HOUSE BILL NO. 1854— BY REPRESENTATIVE BOWLER SENATE BILL NO. 213— BY SENATOR DARDENNE AN ACT A JOINT RESOLUTION To amend and reenact R.S. 35:12 and 191(C)(2)(a) and to enact R.S. Proposing to add Article VII, Section 10.11 of the Constitution of 35:202, 215, 216, and 409, relative to notaries public; to provide Louisiana, relative to state funds; to create the Louisiana Coastal for the use of identification numbers on notarized documents; to Restoration Fund in the state treasury; to provide for deposit of require the filing of annual reports and filing fees; to provide for Page 12 SENATE 29th DAY'S PROCEEDINGS May 27, 2003

monies into the fund; to provide for investment and uses of SENATE BILL NO. 262— monies in the fund; and to specify an election for submission of BY SENATOR MOUNT the proposition to electors and provide a ballot proposition. AN ACT To enact R.S. 33:4712.8, relative to economic development for the Reported with amendments. city of Westlake; to authorize the city of Westlake to transfer certain property no longer needed for public purposes; to SENATE BILL NO. 326— provide for the creation of a board to govern the sale of such BY SENATOR BAJOIE property; to provide for the purpose, powers, duties and AN ACT membership of the board; to provide for the authority of the To enact Chapter 14-E of Title 46 of the Louisiana Revised Statutes board; to provide for the duties of the governing authority of the of 1950, to be comprised of R.S. 46:1445 through 1448, relative city of Westlake with respect to the board; and to provide for to child care workers; to provide a scholarship to child care related matters. workers who obtain child care training from programs approved by the Department of Social Services; to require the Department Reported with amendments by the Committee on Local and of Social Services to establish the amount of the scholarship to Municipal Affairs. be paid; and to provide for related matters. SENATE COMMITTEE AMENDMENTS Reported with amendments. Amendments proposed by Senate Committee on Local and Municipal SENATE BILL NO. 504— Affairs to Original Senate Bill No. 262 by Senator Mount BY SENATOR DARDENNE AN ACT AMENDMENT NO. 1 To enact Part II-A of Chapter 2 of Title 49 of the Louisiana Revised On page 9, line 23, delete "shall be" Statutes of 1950, to be comprised of R.S. 49:214.51, relative to funds for coastal restoration; to create the Louisiana Coastal On motion of Senator Bajoie, the committee amendment was Restoration Fund; to provide for sources of funding and for adopted. The amended bill was read by title and ordered engrossed authorized uses; and to provide for related matters. and passed to a third reading. Reported with amendments. SENATE BILL NO. 706— BY SENATOR IRONS SENATE BILL NO. 561— AN ACT BY SENATOR MCPHERSON To enact R.S. 17:406.6, relative to parental involvement in schools; AN ACT to provide for the establishment of a demonstration program in To amend and reenact the introductory paragraph of R.S. 36:801 and certain school systems; to provide for the definition, selection to enact R.S. 36:610(J) and Subpart I-1 of Part I of Chapter 2 of and duties of an independent parent review board; to provide Title 56 of the Louisiana Revised Statutes of 1950, to be relative to the evaluation of parental involvement programs; to comprised of R.S. 56:799.1 through 799.4, relative to the White require a report of findings to the State Board of Elementary and Lake Property Fund; to create the White Lake Property Fund in Secondary Education; and to provide for related matters. the state treasury as a fund within the Louisiana Wildlife and Fisheries Conservation Fund; to provide for deposits of monies Reported with amendments by the Committee on Education. into the fund; to provide for investment and uses of monies in the fund; to create the White Lake Property Advisory Board; to SENATE COMMITTEE AMENDMENTS provide for its domicile, membership and duties; to authorize the board to solicit and accept donations; to provide for an effective Amendments proposed by Senate Committee on Education to date; and to provide for related matters. Original Senate Bill No. 706 by Senator Irons Reported favorably. AMENDMENT NO. 1 On page 1, line 4, after "systems;" insert "to provide for the selection SENATE BILL NO. 594— of participating schools;" and after "definition," insert "qualification," BY SENATOR MCPHERSON AN ACT AMENDMENT NO. 2 To amend and reenact R.S. 30:2154(B)(1)(a) and the introductory On page 2, line 2, after "Behind" change "Law" to "Act" paragraph of (b) and to enact R.S. 30:2154(B)(9), relative to environmental quality; to provide for the disposal of sewage or AMENDMENT NO. 3 treated waste water; to provide for a definition; to provide for On page 2, line 11, after "(2)(a)" delete "The" and insert "(i) Provided limitations; and to provide for related matters. that funds are available through the Temporary Assistance to Needy Families program, the" Reported favorably. Respectfully submitted, AMENDMENT NO. 4 JAY DARDENNE On page 2, line 14, after "selected" insert " by the independent review Chairman panel from among all eligible schools identified" Senate Bills and Joint Resolutions AMENDMENT NO. 5 on Second Reading On page 2, line 15, after "board" insert "as having either a lower test Reported by Committees score result for students on the most recent Louisiana Educational Assessment Program test than its immediately prior result or not less The following Senate Bills and Joint Resolutions reported by than a five point improvement in such scores as determined by the Committees were taken up and acted upon as follows: state Department of Education for use in determining the school's school performance score as part of the School and District Accountability Program" 29th DAY'S PROCEEDINGS Page 13 SENATE May 27, 2003

AMENDMENT NO. 6 On page 2, at the end of line 8, change “ninety-” to “eighty-” On page 2, between lines 15 and 16, insert the following: "(ii) The independent parent review board shall select from AMENDMENT NO. 4 among the eligible schools a cross section of ten elementary, middle, On page 2, line 9, after “pounds” and before the period “.” insert and high schools after considering both the test scores and an “regardless of the total gross weight of any tandem axle or tandem assessment of school readiness." steering axle” AMENDMENT NO. 7 AMENDMENT NO. 5 On page 3, between lines 11 and 12, insert the following: On page 2, delete lines 10 through 27, and on page 3, delete lines 1 "(b) To qualify for selection as an independent parent review through 27, and on page 4, delete lines 1 through 5 board, the nonprofit community-based organization shall: (i) Have been in existence for at least four years prior to On motion of Senator Heitmeier, the committee amendment was consideration. adopted. The amended bill was read by title and ordered engrossed (ii) Have an available research-based model for systemic and passed to a third reading. evaluation that can be implemented at scale. (iii) Provide professional development to teachers, SENATE BILL NO. 836— administrators, and district level managers. BY SENATOR MCPHERSON (iv) Have experience working in the target communities on AN ACT related issues. To enact Subpart F of Part I of Subpart 6 of Title 33 of the Revised (v) Have documented success. Statutes of 1950, to be comprised of R.S. 33:2740.71 through (vi) Have experience working with urban schools and families 33:2740.87, relative to special districts; to authorize of school-aged children. municipalities and parishes to create business improvement (vii) Be able to engage in research activities. districts; to provide for definitions; to provide for the (viii) Have experience with building and working in community- establishment of a business improvement development district; based collaboratives with related agencies." to provide for a board of commissioners; to provide for powers and duties of the board; to provide for the issuance of bonds; to AMENDMENT NO. 8 provide for assessments upon a vote of the electors of the On page 3, line 12, change "(b)" to "(c)" district; to provide for fees and charges; to provide for termination of the district; and to provide for related matters. On motion of Senator Theunissen, the committee amendment was adopted. The amended bill was read by title and ordered Reported favorably by the Committee on Local and Municipal engrossed and passed to a third reading. Affairs. On motion of Senator Bajoie, the bill was read by title, ordered engrossed, and passed to a third reading. SENATE BILL NO. 724— BY SENATOR SMITH AND REPRESENTATIVE TOWNSEND SENATE BILL NO. 840— AN ACT BY SENATOR JOHNSON To amend and reenact R.S. 32:1305(H), relative to motor vehicles; to AN ACT provide for a safety inspection program for vehicles which To enact R.S. 9:1123.115.1, relative to condominiums; to provide for transport forest products; and to provide for related matters. the collection utilities by local governmental entities; to authorize certain sales involving abandoned units; to authorize Reported favorably by the Committee on Transportation, certain donations of abandoned or blighted property units by Highways, and Public Works. On motion of Senator Heitmeier, the municipalities or parishes; and to provide for related matters. bill was read by title, ordered engrossed, and passed to a third reading. Reported with amendments by the Committee on Local and Municipal Affairs. SENATE BILL NO. 744— BY SENATOR SMITH AND REPRESENTATIVE TOWNSEND SENATE COMMITTEE AMENDMENTS AN ACT To amend and reenact R.S. 32:386(D) and 387(C)(2) and (3)(a) and Amendments proposed by Senate Committee on Local and Municipal (b), and to enact R.S. 32:386(L), relative to motor carriers; to Affairs to Original Senate Bill No. 840 by Senator Johnson provide for weight limits on vehicles transporting forest products; and to provide for related matters. AMENDMENT NO. 1 On page 1, line 3, between "collection" and "utilities" insert "of" Reported with amendments by the Committee on Transportation, Highways, and Public Works. AMENDMENT NO. 2 On page 1, line 13, between "association" and "shall" insert ", SENATE COMMITTEE AMENDMENTS provided that the association is in good faith regarding the management of the condominium property," Amendments proposed by Senate Committee on Transportation, Highways, and Public Works to Original Senate Bill No. 744 by AMENDMENT NO. 3 Senator Smith On page 2, line 24, between "33:4720.26" and the comma "," insert "(1)" AMENDMENT NO. 1 On page 1, line 2, after “R.S. 32:386(D) and” delete the remainder of On motion of Senator Bajoie, the committee amendment was the line adopted. The amended bill was read by title and ordered engrossed and passed to a third reading. AMENDMENT NO. 2 On page 1, line 7, after “R.S. 32:386(D)” delete “and 387(C)(2) and (3)(a) and (b) are” and insert “is” AMENDMENT NO. 3 Page 14 SENATE 29th DAY'S PROCEEDINGS May 27, 2003

SENATE BILL NO. 862— On page 1, at the end of line 4, between "positions" and the semi- BY SENATOR DARDENNE colon ";" insert "from the civil service system" AN ACT To amend and reenact R.S. 17:6(A)(15), 45(A), 442, 443, 462, 471, AMENDMENT NO. 5 492, 493(A), (B), and (C), 522, 523, and 532(B), and 533 and On page 1, line 8, change "(8) is hereby amended and reenacted" to to enact R.S. 17:6(A)(16), 7(26), and 81(A)(3), relative to tenure "(13) and (14) are hereby enacted" for public elementary and secondary school employees; to provide relative to the causes for terminating certain permanent AMENDMENT NO. 6 school employees in public elementary and secondary schools; On page 2, delete lines 3, 4, and 5 and insert the following: to provide relative to the process used in tenure decisions and "R.S. 33:2451(A)(13) is all proposed new law. hearings; to authorize city, parish, and other local school boards (13) The Workforce Investment Act Operations Director. and the state board to grant newly employed teachers tenure R.S. 33:2451(A)(14) is all proposed new law. without a probationary period under certain circumstances; to (14) The Courthouse and Jail Building Superintendent." provide for the establishment of a panel of administrative law judges; and to provide for related matters. On motion of Senator Bajoie, the committee amendment was adopted. The amended bill was read by title and ordered engrossed Reported with amendments by the Committee on Education. and passed to a third reading. SENATE COMMITTEE AMENDMENTS SENATE BILL NO. 1012— BY SENATOR MICHOT Amendments proposed by Senate Committee on Education to AN ACT Original Senate Bill No. 862 by Senator Dardenne To amend and reenact R.S. 33:4547.1, 4547.2, and 4547.3 and to enact R.S. 33:4547.4, relative to public contracts; to provide for AMENDMENT NO. 1 award of performance based energy efficiency contracts through On page 2, line 27, after "Provide" delete ", by rule," and after "for" the request for proposal process; and to provide for related insert "any training needed for" matters. AMENDMENT NO. 2 Reported with amendments by the Committee on Local and On page 3, line 1, delete "be available to" and insert "conduct and Municipal Affairs. rule on any hearing in" SENATE COMMITTEE AMENDMENTS AMENDMENT NO. 3 On page 3, line 2, after "or school" delete the remainder of the line Amendments proposed by Senate Committee on Local and Municipal Affairs to Original Senate Bill No. 1012 by Senator Michot AMENDMENT NO. 4 On page 3, line 4, after "tenure" insert "pursuant to Part A of Chapter AMENDMENT NO. 1 13-B of Title 49 of the Louisiana Revised Statutes of 1950" On page 1, line 2, after "4547.2" delete the remainder of the line and on line 3, delete "33:4547.4" and insert "and to repeal R.S. On motion of Senator Theunissen, the committee amendment 33:4547.3" was adopted. The amended bill was read by title and ordered engrossed and passed to a third reading. AMENDMENT NO. 2 On page 1, line 7, change "4547.2, and 4547.3" to "and 4547.2" SENATE BILL NO. 1008— BY SENATOR MCPHERSON AMENDMENT NO. 3 AN ACT On page 1, delete line 8 in its entirety and insert"reenacted to read as To amend and reenact R.S. 33:2451(A)(8), relative to the civil follows:" service system and personnel administration in Rapides Parish; to extend the rules of the civil service system to certain federal AMENDMENT NO. 4 program director positions; and to provide for related matters. On page 1, line 10, delete "A." Reported with amendments by the Committee on Local and AMENDMENT NO. 5 Municipal Affairs. On page 1, line 11, after "equipment" insert "and may utilize actual savings derived therefrom" and after "Such" delete "a" SENATE COMMITTEE AMENDMENTS AMENDMENT NO. 6 Amendments proposed by Senate Committee on Local and Municipal On page 1, delete line 12 in its entirety and insert "contracts shall be Affairs to Original Senate Bill No. 1008 by Senator McPherson exempt" AMENDMENT NO. 1 AMENDMENT NO. 7 On page 1, line 2, change "amend and reenact" to "enact" and change On page 1, line 13, after "R.S. 38:2212" delete the remainder of the "(8)" to "(13) and (14)" line AMENDMENT NO. 2 AMENDMENT NO. 8 On page 1, line 3, change "extend the rules of" to "exempt" On page 1, delete line 14 in its entirety, and insert "and may use the rules and regulations promulgated by the office of facility planning AMENDMENT NO. 3 and control as a guideline, provided that when state funds are On page 1, line 4, change "the civil service system to certain federal" involved, such contracts shall be subject to the rules and regulations to "certain" promulgated by the office of facility planning and control. Additionally, the political subdivision shall not be required to obtain AMENDMENT NO. 4 the review and approval of the division of administration, office of facility planning and control in order to enter into performance based 29th DAY'S PROCEEDINGS Page 15 SENATE May 27, 2003 energy efficiency contracts. Any such rules promulgated as they relate On page 5, delete lines 1 through 27 in their entirety to performance based energy efficient contracts by political subdivisions shall additionally be subject to legislative oversight by AMENDMENT NO. 18 the Senate Committee on Local and Municipal Affairs and the House On page 6, delete lines 1 through 27 in their entirety Committee on Municipal, Parochial and Cultural Affairs. The rules shall be adopted by December 31, 2003." AMENDMENT NO. 19 On page 7, delete lines 1 through 17 in their entirety AMENDMENT NO. 9 On page 1, delete line 15 in its entirety and insert in lieu thereof the On motion of Senator Bajoie, the committee amendment was following: adopted. The amended bill was read by title and ordered engrossed B. For the purposes of this Chapter, a performance-based energy and passed to a third reading. efficiency contract shall be defined as a contract for energy efficiency services and equipment in which the payment obligation for each year SENATE BILL NO. 1036— of the contract is either: BY SENATOR C. JONES (1) Set as a percentage of the annual energy cost savings AN ACT attributable to the services or equipment under the contract; or To enact R.S. 17:1383 through 1385, relative to school districts; to (2) Guaranteed by the person under contract to be less than the establish a Priority Education Zone; to provide for enrollment of annual energy cost savings attributable to the services or equipment school systems and enlistment of resource providers; to provide under the contract. for the administration and operation of the Priority Education Zone; to provide relative to the Minimum Foundation Program; AMENDMENT NO. 10 and to provide for related matters. On page 2, delete lines 1 through 27 in their entirety Reported with amendments by the Committee on Education. AMENDMENT NO. 11 On page 3, delete lines 1 through 7 SENATE COMMITTEE AMENDMENTS AMENDMENT NO. 12 Amendments proposed by Senate Committee on Education to On page 3, line 9, delete "A." Original Senate Bill No. 1036 by Senator C. Jones AMENDMENT NO. 13 AMENDMENT NO. 1 On page 3, line 13, change "first" to "last" On page 3, line 13, after "A." change "The" to "Out of funds available, the" AMENDMENT NO. 14 On page 3, line 16, change "forty-two" to "sixty" AMENDMENT NO. 2 On page 4, line 10, after "Education" change "shall" to "may" AMENDMENT NO. 15 On page 3, delete lines 18 through 27 in their entirety and insert in On motion of Senator Theunissen, the committee amendment lieu thereof the following: was adopted. The amended bill was read by title, ordered engrossed "B. The request for proposals shall indicate the relative and recommitted to the Committee on Finance. importance of price and other evaluation factors and shall clearly define the criteria to be used in evaluating the proposals and the time SENATE BILL NO. 1120— frames within which the work must be completed. BY SENATOR MICHOT C. Award shall be made to the responsible offerer whose AN ACT proposal is determined by the using agency of the governing body of To enact Chapter 34 of Title 40 of the Louisiana Revised Statutes of the political subdivision to be the most advantageous, taking into 1950, to be comprised of R.S. 40:2841 through 2846; relative to consideration price and the evaluation factors set forth in the request durable medical equipment; to enact the Durable Medical for proposals. Equipment Licensure Law; to provide for definitions; to provide D. Written or oral discussions shall be conducted with all for licensing of durable medical equipment; to provide for responsible offerers who submit proposals determined to be penalties and enforcement; and to provide for related matters. reasonably susceptible of being selected for award. Discussions need not be conducted: Reported with amendments by the Committee on Health and (1) With respect to prices, where such prices are fixed by law or Welfare. regulation, except that consideration shall be given to competitive terms and conditions; or SENATE COMMITTEE AMENDMENTS (2) Where time of delivery or performance will not permit discussions; or Amendments proposed by Senate Committee on Health and Welfare (3) Where it can be clearly demonstrated and documented from to Original Senate Bill No. 1120 by Senator Michot the existence of adequate competition or accurate prior cost experience with that particular service that acceptance of an initial AMENDMENT NO. 1 offer without discussion would result in fair and reasonable prices, On page 1, line 3 delete "2846" and insert "2848" and after "relative and the request for proposals notifies all offerers of the possibility to" delete "durable medical" and insert "customized wheelchairs that the award may be made on the basis of the initial offers. (manual or power), standing frames, gait trainers, and other adaptive E. A request for proposals or other solicitation may be cancelled positioning devices;" or all proposals may be rejected if it is determined that such action is taken in the best interest of the political subdivision. AMENDMENT NO. 2 Section 2. R.S. 33:4547.3 is hereby repealed in its entirety." On page 1, delete line 4 and insert "to enact the Customized Wheelchair and Adaptive Positioning Devices Certification Law; to" AMENDMENT NO. 16 On page 4, delete lines 1 through 27 in their entirety AMENDMENT NO. 3 AMENDMENT NO. 17 Page 16 SENATE 29th DAY'S PROCEEDINGS May 27, 2003

On page 1, line 5 delete "licensing of durable medical" and insert AMENDMENT NO. 19 "certification of customized wheelchairs and adaptive positioning On page 3, line 11 delete "(10)" and insert "(9)" and delete "supplier" devices providers;" and insert "provider" AMENDMENT NO. 4 AMENDMENT NO. 20 On page 1, line 6 delete "equipment;" On page 3, line 12 delete "supplier" and insert "provider" and delete "consumer" and insert "recipient" AMENDMENT NO. 5 On page 1, line 10, delete "2846" and insert "2848" AMENDMENT NO. 21 On page 3, between lines 17 and 18, insert "(12) "Assistive AMENDMENT NO. 6 Technology Supplier (ATS)" means a person credentialed by the On page 1, line 12 delete "DURABLE MEDICAL" and insert Rehabilitation Engineering and Assistive Technology Society of "CUSTOMIZED WHEELCHAIR AND ADAPTIVE POSITIONING North America (RESNA) to conduct all evaluations for customized DEVICES" wheelchairs or other adaptive positioning devices in cooperation with the physical or occupational therapist who is working with the AMENDMENT NO. 7 recipient." On page 1, line 13 delete "EQUIPMENT LICENSURE" and insert "CERTIFICATION" AMENDMENT NO. 22 On page 3, line 18 delete "supplier" and insert "provider" AMENDMENT NO. 8 On page 1, line 15 delete "Durable Medical Equipment Licensure" AMENDMENT NO. 23 and insert "Customized Wheelchair and Adaptive Positioning On page 3, line 20 delete "supplier" and insert "provider" Devices Certification" AMENDMENT NO. 24 AMENDMENT NO. 9 On page 3, line 22 delete "supplier's" and insert "provider's" On page 2, delete lines 2 and 3 and insert "This Chapter may be cited as the Customized Wheelchair and Adaptive Positioning Devices AMENDMENT NO. 25 Certification Law". On page 4, line 1 delete "supplier" and insert "provider" AMENDMENT NO. 10 AMENDMENT NO. 26 On page 2, delete lines 9 and 10 and insert "(1) "Recipient" means On page 4, delete line 2 and insert "§2844. Certification of providers an individual who is eligible for and enrolled in the Louisiana of customized wheelchairs or other adaptive positioning devices Medicaid Program." AMENDMENT NO. 27 AMENDMENT NO. 11 On page 4, line 4 delete "license" and insert "certification" On page 2 delete lines 18 through 21 and insert "(3) "Customized Wheelchair and Adaptive Positioning Devices Certification" means AMENDMENT NO. 28 any customized wheelchair, whether manual or power, standing On page 4, delete lines 5 through 7 and insert "provider of frames, gait trainers, and other adaptive positioning devices that are customized wheelchairs or other adaptive positioning devices shall prescribed by a patient's treating physician in this state." be submitted to the certifying agency by the provider on the form furnished by the certifying agency." AMENDMENT NO. 12 On page 2, line 22 delete "Supplier" and insert "Provider" and after AMENDMENT NO. 29 "entity" delete the remainder of the line and insert "enrolled in the On page 4, delete lines 8 through 13 and insert "B. If a customized Louisiana Medicaid Program that supplies customized wheelchairs or wheelchairs or other adaptive positioning devices provider sells, other adaptive positioning devices prescribed by a physician directly leases, or otherwise provides customized wheelchairs or other to the recipient, in accordance with rules and regulations promulgated adaptive positioning devices at more than one location it shall obtain by the Department of Health and Hospitals." certification for each location where customized wheelchairs or other adaptive positioning devices are sold, leased, or otherwise furnished. AMENDMENT NO. 13 C. The certifying agency shall not issue a certification to conduct On page 2, delete lines 23 and 24 business as a customized wheelchairs or other adaptive positioning devices provider to:" AMENDMENT NO. 14 On page 2, line 25 delete "Licensing" and insert "Certifying" AMENDMENT NO. 30 On page 4, delete lines 19 through 21 and insert "D. A customized AMENDMENT NO. 15 wheelchairs or other adaptive positioning devices provider shall: On page 2, line 27 delete "licensing" and insert "certification" (1) Deliver all customized wheelchairs or other adaptive positioning devices to each recipient by a full time employee that:" AMENDMENT NO. 16 On page 3, delete lines 2 through 4 AMENDMENT NO. 31 On page 4, delete lines 23 through 25 and insert "(b) Instructs AMENDMENT NO. 17 recipients concerning the use, setup, and maintenance of the On page 3, line 5 delete "(8)" and insert "(7)" and delete "supplier" customized wheelchairs or other adaptive positioning devices sold, and insert "provider" and on line 6 delete "supplier" and insert leased or otherwise furnished by the provider." "provider" and on line 8 delete "supplier" and insert "provider" AMENDMENT NO. 32 AMENDMENT NO. 18 On page 4, line 26 delete "medical products sold, leased, or otherwise On page 3, delete lines 9 and 10 and insert "(8) "Supply" means the provided by the supplier" and insert "customized wheelchairs or other distribution of customized wheelchairs and adaptive positioning adaptive positioning devices furnished" devices to a recipient by a provider." AMENDMENT NO. 33 29th DAY'S PROCEEDINGS Page 17 SENATE May 27, 2003

On page 5, line 1, delete "customer or beneficiary" and insert On page 6, line 20, delete "Suppliers" and insert "Providers" and after "recipient" "the state" insert "of Louisiana" AMENDMENT NO. 34 AMENDMENT NO. 50 On page 5, line 5, after "equipment" delete the remainder of the line On page 6, line 21, after "with the" delete the remainder of the line and delete line 6 and insert "supplied by the provider." and delete line 22 and insert "certification procedures provided in the rules and regulations adopted by the licensing agency in accordance AMENDMENT NO. 35 with the Administrative Procedure Act." On page 5, line 7, delete "customers" and insert "Louisiana." and delete line 8 AMENDMENT NO. 51 On page 6, line 23, delete "Suppliers" and insert "Providers" AMENDMENT NO. 36 On page 5, delete line 9 and insert "(4) The provider of customized AMENDMENT NO. 52 wheelchairs or other adaptive positioning devices shall:" On page 6, line 24, delete "businesses" and insert "Medicaid certification" AMENDMENT NO. 37 On page 5, line 12, delete "power" and delete line 13 and insert AMENDMENT NO. 53 "customized wheelchairs or other adaptive positioning devices On page 6, line 27, delete "license" and insert "certificate" supplied by the provider." AMENDMENT NO. 54 AMENDMENT NO. 38 On page 7, line 13, delete "license" and insert "certificate" On page 5, line 15, after "on all" delete the remainder of the line and delete line 16 and insert "customized wheelchairs or other adaptive AMENDMENT NO. 55 positioning devices supplied by the provider." On page 7, line 15, delete "license" and insert "certificate" AMENDMENT NO. 39 AMENDMENT NO. 56 On page 5, line 24, after "When" delete the remainder of the line and On page 7, line 16, delete "license" and insert "certificate" insert "supplying customized wheelchairs or other adaptive positioning devices," and on line 25 delete "supplier" and insert AMENDMENT NO. 57 "provider" and delete "consumer" and insert "recipient" On page 7, line 21, delete "license" and insert "certificate" and delete "power mobility equipment" and insert "customized wheelchairs or AMENDMENT NO. 40 other adaptive positioning devices" On page 6, line 1, delete "power mobility equipment" and insert "customized wheelchairs or other adaptive positioning devices" AMENDMENT NO. 58 On page 7, line 22, delete "supplier" and insert "provider" AMENDMENT NO. 41 On page 6, line 3, delete "power mobility equipment" and insert AMENDMENT NO. 59 "customized wheelchairs or other adaptive positioning devices" On page 7, line 23, delete "power mobility equipment" and insert "customized wheelchairs or other adaptive positioning devices" AMENDMENT NO. 42 On page 6, line 5, delete "power mobility equipment supplier" and AMENDMENT NO. 60 insert "customized wheelchairs or other adaptive positioning devices On page 7, line 24, delete "supplier" and insert "provider" provider" AMENDMENT NO. 61 AMENDMENT NO. 43 On page 7, line 26, delete "license" and insert "certificate" On page 6, line 6, delete "power mobility equipment" and insert "customized wheelchairs or other adaptive positioning devices" AMENDMENT NO. 62 On page 8, line 12, delete "power mobility equipment" and insert AMENDMENT NO. 44 "customized wheelchairs or other adaptive positioning devices" On page 6, line 9, delete "power" and on line 10, delete "mobility equipment" and insert "customized wheelchairs or other adaptive AMENDMENT NO. 63 positioning devices" On page 8, delete lines 16 and 17 and insert "Medicaid program established under Title XIX of the Social Security Act, 42 U.S.C.A. AMENDMENT NO. 45 1396 et seq., as amended, relating to" On page 6, line 11, delete "consumer" and insert "recipient" AMENDMENT NO. 64 AMENDMENT NO. 46 On page 8, delete line 19 and insert "Medicaid providers." On page 6, line 12, delete "power mobility equipment" and insert "customized wheelchairs or other adaptive positioning devices" AMENDMENT NO. 65 On page 8, line 20, delete "license" and insert "certificate" AMENDMENT NO. 47 On page 6, line 14, delete "power mobility equipment" and insert AMENDMENT NO. 66 "customized wheelchairs or other adaptive positioning devices" On page 8, line 22, delete "license" and insert "certificate" AMENDMENT NO. 48 AMENDMENT NO. 67 On page 6, line 15, delete "power" and on line 16, delete "mobility On page 8, line 23, delete "license" and insert "certificate" equipment supplier" and insert "customized wheelchairs or other adaptive positioning devices provider" AMENDMENT NO. 68 On page 8, line 25, delete "license" and insert "certificate" AMENDMENT NO. 49 AMENDMENT NO. 69 Page 18 SENATE 29th DAY'S PROCEEDINGS May 27, 2003

On page 8, line 26, after "guilty by a" delete "license" and insert Reported favorably by the Committee on Local and Municipal "certificate" and after "employee of a" delete "license" and insert Affairs. Under the provisions of Joint Rule No. 3 of the Rules of the "certificate" Senate, the bill was read by title and referred to the Legislative Bureau. AMENDMENT NO. 70 On page 9, line 1, after "related to the" delete the remainder of the HOUSE BILL NO. 129— line and insert "supply of customized wheelchairs or other adaptive BY REPRESENTATIVE LANCASTER positioning devices." AN ACT To amend and reenact R.S. 17:270(A) and 271(A)(2) and (B) and AMENDMENT NO. 71 R.S. 32:402.1(A)(1) and (2)(introductory paragraph) and 402.2 On page 9, delete line 2 and to enact R.S. 32:402.1(A)(3), relative to driver education and training; to require instruction relative to organ and tissue AMENDMENT NO. 72 donation during driver education, training, improvement, and On page 9, after line 3, insert the following: remediation programs; to provide relative to an exemption to " §2847. Rules; regulations; certification procedures such instruction under certain circumstances; and to provide for R.S. 40:2847 is all proposed new law. related matters. The certification agency shall promulgate and publish rules, regulations, and certification procedures to provide for the Reported favorably by the Committee on Education. Under the implementation of the Customized Wheelchair and Adaptive provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was Positioning Devices Certification Law in accordance with the read by title and referred to the Legislative Bureau. Administrative Procedure Act. §2848. Federal approval HOUSE BILL NO. 131— R.S. 40:2848 is all proposed new law. BY REPRESENTATIVE BALDONE Implementation of the Customized Wheelchair and Adaptive AN ACT Positioning Devices Certification Law shall be contingent upon To amend and reenact R.S. 56:10(B)(1)(b) and 578.12(B), relative to approval by the United States Department of Health and Human shrimp fishing; to limit use of funds in the Shrimp Marketing Services, Centers for Medicare and Medicaid Services." and Promotion Account; and to provide for related matters. On motion of Senator Schedler, the committee amendment was Reported favorably by the Committee on Natural Resources. adopted. The amended bill was read by title and ordered engrossed Under the provisions of Joint Rule No. 3 of the Rules of the Senate, and passed to a third reading. the bill was read by title and referred to the Legislative Bureau. HOUSE BILL NO. 174— Senate Bills and Joint Resolutions BY REPRESENTATIVE DOERGE on Second Reading AN ACT To enact Part XXVI of Chapter 13 of Title 38 of the Louisiana The following Senate Bills and Joint Resolutions were taken up Revised Statutes of 1950, to be comprised of R.S. 38:3087.191 and acted upon as follows: through 3087.203, to create and provide for the Webster Parish Watershed District; to provide for the boundaries and purposes SENATE BILL NO. 1132 (Substitute for Senate Bill No. of the district; to create and provide for a board of 1108)— commissioners of the district; to provide for the powers and BY SENATORS HINES AND FIELDS duties of the board; to authorize the board to promulgate rules AN ACT and regulations and to provide for the enforcement thereof; to To enact Part LVIII of Chapter 5 of Title 40 of the Louisiana Revised provide for violations and penalties; to provide relative to the Statutes of 1950, to be comprised of R.S. 40:1300.191 through powers and duties of the Department of Transportation and 1300.196, relative to the Louisiana Elderly Medication Program; Development with respect to the district; to provide for the to provide definitions; to create the Louisiana Elderly regulation of commercial establishments and to provide relative Medication Program; to provide for eligibility; to provide for the to licensing of such establishments and fees to be imposed responsibilities of the office of elderly affairs within the thereon; to provide for creation and construction of playgrounds governor's office; to provide for annual reporting; and to provide and recreational facilities; to provide relative to mineral leases; for related matters. and to provide for related matters. On motion of Senator Schedler, the bill was read by title and Reported favorably by the Committee on Transportation, ordered engrossed and passed to a third reading. Highways, and Public Works. Under the provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was read by title and House Bills and Joint Resolutions referred to the Legislative Bureau. on Second Reading HOUSE BILL NO. 200— Reported by Committees BY REPRESENTATIVE MONTGOMERY AN ACT The following House Bills and Joint Resolutions reported by To amend and reenact R.S. 33:1236(49)(b)(i), relative to derelict Committees were taken up and acted upon as follows: structures; to authorize the governing authority of the parish of Bossier to compel or require property owners to repair or HOUSE BILL NO. 83— demolish such structures and to charge the property owners BY REPRESENTATIVE BRUCE therefor; to provide for the collection of such charges and AN ACT enforcement thereof; and to provide for related matters. To enact R.S. 33:9055.1, relative to the DeSoto Parish Ambulance Service District; to provide for an increase in the membership of Reported favorably by the Committee on Local and Municipal the board of commissioners of the district; and to provide for Affairs. Under the provisions of Joint Rule No. 3 of the Rules of the related matters. Senate, the bill was read by title and referred to the Legislative Bureau. 29th DAY'S PROCEEDINGS Page 19 SENATE May 27, 2003

HOUSE BILL NO. 206— HOUSE BILL NO. 366— BY REPRESENTATIVES MONTGOMERY, L. JACKSON, AND JANE BY REPRESENTATIVE BRUCE SMITH AN ACT AN ACT To enact R.S. 25:217.1, relative to certain DeSoto Parish library To amend and reenact R.S. 19:121, relative to expropriation of funds; to prohibit diversion of such funds; and to provide for property by a declaration of taking by the cities of Bossier City related matters. and Shreveport; to redefine property subject to such expropriation; to direct the Louisiana State Law Institute to Reported favorably by the Committee on Local and Municipal appropriately rename the Part heading; and to provide for related Affairs. Under the provisions of Joint Rule No. 3 of the Rules of the matters. Senate, the bill was read by title and referred to the Legislative Bureau. Reported favorably by the Committee on Local and Municipal Affairs. Under the provisions of Joint Rule No. 3 of the Rules of the HOUSE BILL NO. 405— Senate, the bill was read by title and referred to the Legislative BY REPRESENTATIVE L. JACKSON Bureau. AN ACT To amend and reenact Sections 4 and 5 of Act No. 573 of the 1975 HOUSE BILL NO. 250— Regular Session of the Legislature, as amended by Act No. 554 BY REPRESENTATIVE DANIEL of the 1978 Regular Session of the Legislature, Act No. 411 of AN ACT the 1980 Regular Session of the Legislature, and Act No. 163 To amend and reenact R.S. 56:639.8(E), relative to the Artificial Reef of the 1984 Regular Session of the Legislature, relative to the Development Fund; to include evaluation of the program in the Downtown Development District of the city of Shreveport; to authorized uses of the fund; and to provide for related matters. provide with respect to the responsibility of the Downtown Development Authority to encourage and aid in the Reported favorably by the Committee on Natural Resources. preservation, revitalization, and beautification of property within Under the provisions of Joint Rule No. 3 of the Rules of the Senate, the Downtown Development District; to provide with respect to the bill was read by title and referred to the Legislative Bureau. the authority to provide financial assistance for such preservation, revitalization, and beautification; and to provide HOUSE BILL NO. 271— for related matters. BY REPRESENTATIVE PITRE AN ACT Reported favorably by the Committee on Local and Municipal To amend and reenact R.S. 56:649.3, relative to hunting and fishing Affairs. Under the provisions of Joint Rule No. 3 of the Rules of the licenses; to expand the privileges accorded under the Senate, the bill was read by title and referred to the Legislative combination lifetime hunting and sports fishing license; to Bureau. provide for recreational fishing gear licenses; and to provide for related matters. HOUSE BILL NO. 422— BY REPRESENTATIVES PEYCHAUD AND MURRAY Reported favorably by the Committee on Natural Resources. AN ACT Under the provisions of Joint Rule No. 3 of the Rules of the Senate, To amend and reenact Section 8.1(D)(2) of Act No. 170 of the 1968 the bill was read by title and referred to the Legislative Bureau. Regular Session, as enacted by Act No. 155 of the 1984 Regular Session and amended by Act No. 101 of the 1997 Regular HOUSE BILL NO. 282— Session, relative to the Redevelopment Authority; BY REPRESENTATIVES DEWITT AND MURRAY to provide relative to the proper address for notifying the A JOINT RESOLUTION property owner prior to a determination that the property is Proposing to amend Article XII, Section 8.1(C)(1)(f) and (g) of the blighted and subject to acquisition by the authority; and to Constitution of Louisiana and to repeal Article XII, Section provide for related matters. 8.1(C)(1)(h), relative to the Louisiana Workers' Compensation Corporation; to provide for appointment of members to the Reported favorably by the Committee on Local and Municipal board of directors; to remove provision for the appointment of Affairs. Under the provisions of Joint Rule No. 3 of the Rules of the a representative from the state office of risk management; to Senate, the bill was read by title and referred to the Legislative provide for submission of the proposed amendment to the Bureau. electors; and to provide for related matters. HOUSE BILL NO. 450— Reported favorably by the Committee on Labor and Industrial BY REPRESENTATIVE DOWNER Relations. Under the provisions of Joint Rule No. 3 of the Rules of AN ACT the Senate, the bill was read by title and referred to the Legislative To amend and reenact R.S. 32:418, relative to the office of motor Bureau. vehicles; to provide for registration of certain persons with the United States Selective Service when applying for a driver's HOUSE BILL NO. 306— license, permit, or identification card; to provide for registration BY REPRESENTATIVES DEWITT AND MURRAY of other persons upon reaching eighteen years; and to provide AN ACT for related matters. To amend and reenact R.S. 23:1398(A)(4) and (5) and (D) and to repeal R.S. 23:1398(A)(6), relative to Louisiana Workers' Reported with amendments by the Committee on Transportation, Compensation Corporation; to provide for the appointment of Highways, and Public Works. members to the board of directors; to provide for the submission of nominees for the board of directors; to repeal the provision that allows for the appointment of a representative from the SENATE COMMITTEE AMENDMENTS office of risk management; and to provide for related matters. Amendments proposed by Senate Committee on Transportation, Highways, and Public Works to Engrossed House Bill No. 450 by Reported favorably by the Committee on Labor and Industrial Representative Downer Relations. Under the provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was read by title and referred to the Legislative AMENDMENT NO. 1 Bureau. Page 20 SENATE 29th DAY'S PROCEEDINGS May 27, 2003

On page 1, line 2, after "R.S. 32:418" insert "and R.S. HOUSE BILL NO. 536— 40:1321(D)(1)" BY REPRESENTATIVE BOWLER AN ACT AMENDMENT NO. 2 To enact R.S. 32:295.3, relative to the Highway Regulatory Act; to On page 3, between lines 5 and 6, insert the following: provide for seat belt and motor vehicle liability security "Section 2. R.S. 40:1321(D)(1) is hereby amended and reenacted checkpoints; to require all law enforcement agencies involved in to read as follows: traffic enforcement to establish guidelines for seat belt and §1321. Special identification cards; issuance; fees; expiration motor vehicle liability security checkpoints; and to provide for and renewal; promulgation of rules; promotion of use; persons less related matters. than twenty-one years of age; the Protect and Save our Children Program; Selective Service Registration Reported favorably by the Committee on Transportation, * * * Highways, and Public Works. Under the provisions of Joint Rule D.(1)(a) Each special identification card issued to a person No. 3 of the Rules of the Senate, the bill was read by title and under the age of sixteen shall expire every two years for the three- referred to the Legislative Bureau. dollar identification card and every four years for the five-dollar identification card and may be renewed only by personal appearance. HOUSE BILL NO. 544— Each special identification card for a person sixteen years of age or BY REPRESENTATIVE DANIEL older shall expire every four years but may be renewed. The OMV AN ACT may issue the special identification for a period of less than four years To enact R.S. 49:213.9, relative to coastal zone management; to in circumstances of medical, legal presence, or other special prohibit certain activities on dunes located in the coastal zone; restriction. Where the OMV issues a special identification card to a to provide for penalties; and to provide for related matters. properly documented alien student or a nonresident alien, the special identification card shall both: Reported with amendments by the Committee on Natural (a) (i) Expire on the date for which the alien's immigration Resources. documents expire or four years after issuance, whichever is sooner. (b) (ii) Contain a restriction code which declares that the special SENATE COMMITTEE AMENDMENTS identification card holder is an alien student or a nonresident alien. (b)(i)Any United States male citizen or immigrant who is fifteen Amendments proposed by Senate Committee on Natural Resources years of age, but less than eighteen years of age, shall provide to Reengrossed House Bill No. 544 by Representative Daniel personal information, including a social security number, if available, to the office of motor vehicles when applying to receive or renew a AMENDMENT NO. 1 special identification card for the purpose of registration with the On page 1, line 8, delete “specifically permitted” and insert in lieu Selective Service. Upon the applicant attaining the age of eighteen thereof the following: “operating under a permit issued” years of age, the applicant shall automatically be registered with the Selective Service. The office of motor vehicles shall forward to the On motion of Senator Romero, the committee amendment was Selective Service System, in an electronic format, the necessary adopted. Under the provisions of Joint Rule No. 3 of the Rules of the personal information required for registration with the Selective Senate, the amended bill was read by title and referred to the Service after receiving the application to issue or renew a special Legislative Bureau. identification card. The application for issuance or renewal of a HOUSE BILL NO. 554— special identification card shall include all information required BY REPRESENTATIVES DEVILLIER AND PIERRE according to the provisions of R.S. 32:418. AN ACT (ii) The office of motor vehicles shall not issue or renew any To amend and reenact R.S. 56:8(84), 305(G), 323(A), and 491(1) and special identification card to any person who refuses to provide to enact R.S. 56:305(B)(17) and 501, relative to commercial personal information for registration with the Selective Service." shrimping; to authorize commercial taking of freshwater shrimp in certain waters; to provide relative to nets and other conditions AMENDMENT NO. 3 on such taking; to provide for a gear license and the fee therefor; On page 3, at the beginning of line 6, change "Section 2." to "Section to provide penalties for violations; and to provide for related 3." matters. On motion of Senator Heitmeier, the committee amendment was Reported favorably by the Committee on Natural Resources. adopted. Under the provisions of Joint Rule No. 3 of the Rules of the Under the provisions of Joint Rule No. 3 of the Rules of the Senate, Senate, the amended bill was read by title and referred to the the bill was read by title and referred to the Legislative Bureau. Legislative Bureau. HOUSE BILL NO. 555— HOUSE BILL NO. 454— BY REPRESENTATIVES KENNEY AND PIERRE BY REPRESENTATIVE JACK SMITH AN ACT AN ACT To amend and reenact R.S. 56:327(A)(1)(b)(i), relative to the sale of To amend and reenact R.S. 56:578.10 and 578.11, relative to catfish bass fingerlings; to authorize the sale of longer fingerlings of packaging; to prohibit the possession or exchange of certain certain bass species; and to provide for related matters. mislabeled catfish; to provide for prohibitions on the possession or exchange of certain species of catfish; to provide relative to Reported favorably by the Committee on Natural Resources. inspection of catfish packaging facilities; to provide for penalties Under the provisions of Joint Rule No. 3 of the Rules of the Senate, for violations; and to provide for related matters. the bill was read by title and referred to the Legislative Bureau. Reported favorably by the Committee on Natural Resources. HOUSE BILL NO. 556— Under the provisions of Joint Rule No. 3 of the Rules of the Senate, BY REPRESENTATIVE ODINET the bill was read by title and referred to the Legislative Bureau. AN ACT To amend and reenact R.S. 56:499(C), relative to fishing nets; to prohibit the use of certain devices with skimmer nets; and to provide for related matters. 29th DAY'S PROCEEDINGS Page 21 SENATE May 27, 2003

Reported favorably by the Committee on Natural Resources. Reported favorably by the Committee on Natural Resources. Under the provisions of Joint Rule No. 3 of the Rules of the Senate, Under the provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was read by title and referred to the Legislative Bureau. the bill was read by title and referred to the Legislative Bureau. HOUSE BILL NO. 560— HOUSE BILL NO. 616— BY REPRESENTATIVES JACK SMITH AND PIERRE BY REPRESENTATIVE FAUCHEUX (BY REQUEST) AN ACT AN ACT To enact R.S. 34:851.36, relative to boating; to require boating To enact R.S. 17:81(O), to require that expenditures by city, parish, safety courses for persons operating certain motorboats; to and other local school boards to reimburse school board provide penalties for violations; and to provide for related members for certain travel and related expenses be in accordance matters. with travel regulations prescribed by the division of administration for state executive branch employees; to provide Reported with amendments by the Committee on Transportation, for an effective date; and to provide for related matters. Highways, and Public Works. Reported with amendments by the Committee on Education. SENATE COMMITTEE AMENDMENTS SENATE COMMITTEE AMENDMENTS Amendments proposed by Senate Committee on Transportation, Highways, and Public Works to Engrossed House Bill No. 560 by Amendments proposed by Senate Committee on Education to Representative Jack Smith Engrossed House Bill No. 616 by Representative Faucheux AMENDMENT NO. 1 AMENDMENT NO. 1 On page 1, line 8, delete "No" and insert "Except as provided in On page 2, line 1, change "be" to "not exceed those permitted" Subsection B of this Section, no" On motion of Senator Theunissen, the committee amendment AMENDMENT NO. 2 was adopted. Under the provisions of Joint Rule No. 3 of the Rules On page 1, between lines 14 and 15, insert the following: of the Senate, the amended bill was read by title and referred to the "B. A motorboat may be operated if any person on board or Legislative Bureau. participating in any boating activity from the motorboat is over the age of eighteen and, if required to have completed a boating safety HOUSE BILL NO. 712— course under the provisions of Subsection A of this Section, has BY REPRESENTATIVES HAMMETT, KENNEY, AND THOMPSON completed the required boating safety course." AN ACT To enact Part XXVI of Chapter 13 of Title 38 of the Louisiana AMENDMENT NO. 3 Revised Statutes of 1950, to be comprised of R.S. 38:3087.191 On page 1, line 15, change "B." to "C." through 3087.207, relative to Lake St. Joseph in Tensas Parish; to create the Lake St. Joseph Recreation and Water Conservation On motion of Senator Heitmeier, the committee amendment was District; to create and provide for a board of commissioners of adopted. Under the provisions of Joint Rule No. 3 of the Rules of the such district; to provide for the powers and duties of the district Senate, the amended bill was read by title and referred to the and the board; to authorize the board to levy taxes and parcel Legislative Bureau. fees, issue bonds, and incur debt; to authorize the board to promulgate rules and regulations to accomplish the purposes of HOUSE BILL NO. 561— the district and to provide for the enforcement thereof; to BY REPRESENTATIVES JACK SMITH AND PIERRE provide for violations and penalties; to provide relative to the AN ACT powers and duties of the Department of Transportation and To amend and reenact R.S. 56:302.3(B)(5) and 500(A), relative to Development with respect to the district; to provide for the recreational gear licenses; to provide for the use of a larger trawl regulation of commercial establishments; to provide for creation on a recreational gear license; to provide relative to the gear fee and construction of playgrounds and recreational facilities; to required for a larger trawl; and to provide for related matters. provide relative to mineral leases; and to provide for related matters. Reported favorably by the Committee on Natural Resources. Under the provisions of Joint Rule No. 3 of the Rules of the Senate, Reported favorably by the Committee on Natural Resources. the bill was read by title and referred to the Legislative Bureau. Under the provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was read by title and referred to the Legislative Bureau. HOUSE BILL NO. 562— BY REPRESENTATIVES JACK SMITH AND PIERRE HOUSE BILL NO. 750— AN ACT BY REPRESENTATIVE CAZAYOUX To repeal R.S. 34:851.8 and 851.31(B), relative to the operation of AN ACT a motorboat; to repeal a prohibition on operation of a motorboat To amend and reenact R.S. 17:239, to prohibit the use or operation while intoxicated; and to repeal certain penalty provisions. of any electronic telecommunication device by a student in any public elementary and secondary school or on the grounds Reported favorably by the Committee on Transportation, thereof or in any school bus used to transport public school Highways, and Public Works. Under the provisions of Joint Rule No. students; to provide exceptions; to provide relative to penalties; 3 of the Rules of the Senate, the bill was read by title and referred to to provide for effectiveness; to provide for an effective date; and the Legislative Bureau. to provide for related matters. HOUSE BILL NO. 563— Reported with amendments by the Committee on Education. BY REPRESENTATIVES JACK SMITH AND PIERRE AN ACT SENATE COMMITTEE AMENDMENTS To amend and reenact R.S. 56:302.10, relative to recreational fishing; to provide relative to penalties for the sale of recreational Amendments proposed by Senate Committee on Education to catches; and to provide for related matters. Engrossed House Bill No. 750 by Representative Cazayoux Page 22 SENATE 29th DAY'S PROCEEDINGS May 27, 2003

AMENDMENT NO. 1 HOUSE BILL NO. 988— On page 2, between lines 18 and 19, insert the following: "D. Nothing BY REPRESENTATIVES LEBLANC, PITRE, AND QUEZAIRE AND in this Section shall prohibit the use and operation by any person, SENATOR MICHOT including students, of any electronic telecommunication device AN ACT described in Subsection A of this Section in the event of an To enact R.S. 40:1742.2, relative to mobility-impaired parking; to emergency. Emergency means an actual or imminent threat to public authorize parish governing authorities to grant variances in the health or safety which may result in loss of life, injury, or property times during which parking spaces are reserved at certain damage." facilities; and to provide for related matters. On motion of Senator Theunissen, the committee amendment Reported favorably by the Committee on Transportation, was adopted. Under the provisions of Joint Rule No. 3 of the Rules Highways, and Public Works. Under the provisions of Joint Rule of the Senate, the amended bill was read by title and referred to the No. 3 of the Rules of the Senate, the bill was read by title and Legislative Bureau. referred to the Legislative Bureau. HOUSE BILL NO. 1122— HOUSE BILL NO. 900— BY REPRESENTATIVES QUEZAIRE AND CAZAYOUX BY REPRESENTATIVES GARY SMITH AND PIERRE AN ACT AN ACT To amend and reenact R.S. 56:8(116) and 322(E)(4) and to enact To amend and reenact R.S. 2:653(A) and 654(B)(introductory R.S. 56:305(B)(4)(f) and 322.1, relative to commercial fishing; paragraph), (1), and (9), (H)(introductory paragraph) and (2), to provide for the commercial harvest of shad and skipjack and (J) and to enact R.S. 2:654(B)(14), (15), and (16) and (H)(4) herring with a shad gill net in certain waters; to provide for through (8), relative to the Louisiana Airport Authority; to restrictions and penalties; and to provide for related matters. provide relative to the territorial boundaries of such authority; to increase the number of members of the board of Reported with amendments by the Committee on Natural commissioners; to provide relative to the term of office for such Resources. members; to provide relative to the quorum for the board of commissioners; and to provide for related matters. SENATE COMMITTEE AMENDMENTS Reported favorably by the Committee on Transportation, Amendments proposed by Senate Committee on Natural Resources Highways, and Public Works. Under the provisions of Joint Rule to Engrossed House Bill No. by 900 Representatives Gary Smith and No. 3 of the Rules of the Senate, the bill was read by title and Pierre referred to the Legislative Bureau. HOUSE BILL NO. 1154— AMENDMENT NO. 1 BY REPRESENTATIVE DIEZ On page 1, line 2, after "R.S. 56:8" and before "(116)" insert "(38) AN ACT and" To amend and reenact R.S. 32:387.7, relative to special permits; to provide relative to special permits for trucks hauling sugarcane; AMENDMENT NO. 2 to provide relative to violations of the authorized weight limit; On page 1, line 3, after "fishing;" insert "to provide relative to the to provide relative to an appeal process for violations; to definition of the word fish;" prohibit the issuance of special permits to certain trucks beginning August 1, 2008; to authorize the promulgation of AMENDMENT NO. 3 rules and regulations; and to provide for related matters. On page 1, line 8, after "R.S. 56:8" and before "(116)" insert "(38) and" Reported favorably by the Committee on Transportation, Highways, and Public Works. Under the provisions of Joint Rule AMENDMENT NO. 4 No. 3 of the Rules of the Senate, the bill was read by title and On page 1, below line 15, add the following: "(38) "Fish" (noun) referred to the Legislative Bureau. means all finfish, shellfish, and crustaceans, and all other species of aquatic life. HOUSE BILL NO. 1207— * * *" BY REPRESENTATIVE PITRE AN ACT On motion of Senator Romero, the committee amendment was To enact R.S. 33:31, relative to local governmental subdivisions; to adopted. Under the provisions of Joint Rule No. 3 of the Rules of the provide for state preemption relative to regulation of cellular Senate, the amended bill was read by title and referred to the telephone or other electronic communications device usage in Legislative Bureau. motor vehicles; to prohibit local governmental subdivisions from enacting ordinances or other provisions regulating the use HOUSE BILL NO. 901— of cellular telephones or other electronic communications BY REPRESENTATIVES DEVILLIER AND PIERRE devices in motor vehicles; and to provide for related matters. AN ACT To amend and reenact R.S. 56:8(116), 305(B)(16), and 322(E)(2) and Reported favorably by the Committee on Transportation, to enact R.S. 56:305(B)(17) and 322.1, relative to commercial Highways, and Public Works. Under the provisions of Joint Rule fishing; to provide for the commercial harvest of shad and No. 3 of the Rules of the Senate, the bill was read by title and skipjack herring with a shad seine; to provide for restrictions and referred to the Legislative Bureau. penalties; and to provide for related matters. HOUSE BILL NO. 1296— Reported favorably by the Committee on Natural Resources. BY REPRESENTATIVE TRICHE Under the provisions of Joint Rule No. 3 of the Rules of the Senate, AN ACT the bill was read by title and referred to the Legislative Bureau. To enact R.S. 47:296.2 and R.S. 56:647(C), relative to the suspension or denial of recreational hunting and fishing licenses; to provide for the suspension, revocation, or denial of the issuance of certain licenses for failure to pay the individual income tax; to 29th DAY'S PROCEEDINGS Page 23 SENATE May 27, 2003

provide for promulgation of rules; to provide for an effective charter and the school's officers and employees shall be exempt from date; and to provide for related matters. all statutory mandates or other statutory requirements that are applicable to public schools and to public school officers and Reported with amendments by the Committee on Natural employees except for the following laws otherwise applicable to Resources. public schools with the same grades: * * * SENATE COMMITTEE AMENDMENTS (20) Code of Governmental Ethics, R.S. 42:1101 et seq., with the exception of R.S. 42:1119 as it applies to any person employed Amendments proposed by Senate Committee on Natural Resources by a charter school prior to August 15, 2003. to Reengrossed House Bill No.l 296 Representative Triche * * * §3999. Application of Chapter AMENDMENT NO. 1 Each All charter schools shall be governed in its entirety by the On page 1, line 3, delete “recreational” law in effect at the time the charter was entered into, except as such charter is subsequently amended to provide otherwise as the result of AMENDMENT NO. 2 the agreement of both parties to such charter amendment. If the On page 1, line 16, change “two” to “five” charter is amended to make applicable any new charter school law provisions, then all such provisions shall apply to the charter school. On motion of Senator Romero, the committee amendment was The chartering authority shall approve the request of a charter school adopted. Under the provisions of Joint Rule No. 3 of the Rules of the to amend their charter agreement to allow the school to begin Senate, the amended bill was read by title and referred to the operating under the most recently enacted law provisions on August Legislative Bureau. 15, 2003. Thereafter, if the provisions of this Chapter are amended, all charter schools shall comply with the law as amended within HOUSE BILL NO. 1309— ninety days of its effective date." BY REPRESENTATIVE R. CARTER AN ACT On motion of Senator Theunissen, the committee amendment To amend and reenact R.S. 17:3991(A)(1), relative to charter was adopted. Under the provisions of Joint Rule No. 3 of the Rules schools; to prohibit a charter school from employing the of the Senate, the amended bill was read by title and referred to the members of the governing or management board of such school; Legislative Bureau. to provide certain limitations relative to family members serving on a charter school governing or management board; to provide HOUSE BILL NO. 1346— for compliance; and to provide for related matters. BY REPRESENTATIVE ALARIO AN ACT Reported with amendments by the Committee on Education. To amend and reenact R.S. 33:461(A)(4), relative to the assessment and collection of municipal taxes; to provide that municipal SENATE COMMITTEE AMENDMENTS property taxes in the city of Westwego shall be due and payable on March thirty-first of each year; to provide for their collection; Amendments proposed by Senate Committee on Education to and to provide for related matters. Engrossed House Bill No. 1309 by Representative R. Carter Reported favorably by the Committee on Local and Municipal AMENDMENT NO. 1 Affairs. Under the provisions of Joint Rule No. 3 of the Rules of the On page 1, line 2, after "R.S. 17:3991(A)(1)" and before the comma Senate, the bill was read by title and referred to the Legislative insert "and 3999, and to enact R.S. 17:3996(B)(20)" Bureau. AMENDMENT NO. 2 HOUSE BILL NO. 1470— On page 1, line 6, after "compliance" and before the semicolon insert BY REPRESENTATIVES SALTER, NEVERS, AND WALSWORTH "with the code of governmental ethics; to provide for exceptions; to AN ACT provide for applicability of charter school law" To amend and reenact R.S. 17:3129.1(A) and to enact R.S. 17:3351(D), relative to the articulation of courses among and AMENDMENT NO. 3 recognition of course credit by state public colleges and On page 1, line 9, change "is" to "and 3999 are" and after "reenacted" universities; to provide for certain written reports by the Board insert ", and R.S. 17:3996(B)(20) is hereby enacted" of Regents; to provide relative to the duties and responsibilities of public postsecondary management boards; to require that AMENDMENT NO. 4 students and prospective students at any state public college and On page 2, line 5, after "(c)" insert "(i)" university receive certain information relative to course offerings at the institution; to provide for effectiveness; and to provide for AMENDMENT NO. 5 related matters. On page 2, line 7, after "school" insert a period "." and begin a new paragraph and change "and not" to "(ii) Not" Reported favorably by the Committee on Education. Under the provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was AMENDMENT NO. 6 read by title and referred to the Legislative Bureau. On page 2, line 12, after "related." begin a new paragraph and insert "(iii)" HOUSE BILL NO. 1554— BY REPRESENTATIVES MURRAY, DEWITT, AND TUCKER AMENDMENT NO. 7 AN ACT On page 2, after line 15, insert as follows: To amend and reenact R.S. 23:1514(A)(1), (B), and (C), "§3996. Charter schools; exemptions 1553(B)(7)(a) (introductory paragraph), (8), (9)(a)(introductory * * * paragraph), (10), and (11)(a)(introductory paragraph) and to B. Notwithstanding any state law, rule, or regulation to the repeal R.S. 23:1474(J), relative to the workforce development contrary and except as may be otherwise specifically provided for in training account; to provide for individual, standardized training an approved charter, a charter school established and operated in of incumbent workers; to provide for eligibility requirements for accordance with the provisions of this Chapter and its approved businesses; to establish procedure for requests for training and reimbursements; to provide to selection of training provider; to Page 24 SENATE 29th DAY'S PROCEEDINGS May 27, 2003

allow the use of funds to cover unemployment insurance AMENDMENT NO. 1 functions; and to provide for related matters. On page 2, at the end of line 3, delete "and" Reported with amendments by the Committee on Labor and AMENDMENT NO. 2 Industrial Relations. On page 2, delete lines 4 and 5 and on line 6, delete "hundred thirty thousand persons, all" SENATE COMMITTEE AMENDMENTS On motion of Senator Theunissen, the committee amendment Amendments proposed by Senate Committee on Labor and Industrial was adopted. Under the provisions of Joint Rule No. 3 of the Rules Relations to Reengrossed House Bill No. 1554 by Representatives of the Senate, the amended bill was read by title and referred to the Murray, Dewitt, and Tucker Legislative Bureau. AMENDMENT NO. 1 HOUSE BILL NO. 1728— On page 1, line 3, after “(introductory paragraph),” delete “(8),” and BY REPRESENTATIVE PINAC “(10),” AN ACT To amend and reenact R.S. 56:1948.5(20), to enact R.S. AMENDMENT NO. 2 56:1948.5(58) through (62), and to repeal R.S. 56:1948.5(36), On page 1, line 4, after “(J),” insert “1535(D) and (E),” (39), (40), (42), (43), and (45), relative to Louisiana Byways designations; to provide for the inclusion of certain highways AMENDMENT NO. 3 and section of highways in statutory provisions of the Louisiana On page 1, line 10, after “functions;” insert “to repeal new employer Byways; and to provide for related matters. first experience rates;” Reported favorably by the Committee on Transportation, AMENDMENT NO. 4 Highways, and Public Works. Under the provisions of Joint Rule On page 1, line 13, after “(introductory paragraph),”delete “(8),” No. 3 of the Rules of the Senate, the bill was read by title and referred to the Legislative Bureau. AMENDMENT NO. 5 On page 1, line 14, delete “(10),” HOUSE BILL NO. 1747— BY REPRESENTATIVES BROOME, M. JACKSON, AND WELCH AMENDMENT NO. 6 AN ACT On page 2, line 15, after “than” delete “two” and insert “three” To enact R.S. 33:1236(21)(h), relative to the cutting of grass and obnoxious weeds in the parish of East Baton Rouge; to require AMENDMENT NO. 7 the governing authority of the parish to provide additional notice On page 3, line 15, before “workers” insert “incumbent” to property owners who fail to cut such grass and weeds; and to provide for related matters. AMENDMENT NO. 8 On page 5, delete lines 8 through 15 Reported favorably by the Committee on Local and Municipal Affairs. Under the provisions of Joint Rule No. 3 of the Rules of the AMENDMENT NO. 9 Senate, the bill was read by title and referred to the Legislative On page 5, delete lines 23 through 26 Bureau. HOUSE BILL NO. 1793— AMENDMENT NO. 10 BY REPRESENTATIVE DEWITT On page 6, delete lines 1 through 4 AN ACT To amend and reenact R.S. 47:463.2(A), relative to special AMENDMENT NO. 11 personalized prestige license plates for motor vehicles; to On page 6, line 12, after “(J)” delete “is” and insert “, 1535 (D) and increase the fee for issuance of certain special personalized (E) are” prestige license plates; and to provide for related matters. AMENDMENT NO. 12 Reported favorably by the Committee on Transportation, On page 6, line 12, after “in” delete “its” and insert “their” Highways, and Public Works. Under the provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was read by title and On motion of Senator C. Jones, the committee amendment was referred to the Legislative Bureau. adopted. Under the provisions of Joint Rule No. 3 of the Rules of the Senate, the amended bill was read by title and referred to the HOUSE BILL NO. 1834— Legislative Bureau. BY REPRESENTATIVES SWILLING AND RICHMOND AN ACT HOUSE BILL NO. 1662— To enact R.S. 47:463.111, 463.112, 463.113, and 463.114, relative BY REPRESENTATIVES K. CARTER AND PEYCHAUD to motor vehicles prestige license plates; to provide for the AN ACT creation of a special prestige license plate for the Beacon Light To enact R.S. 17:29, relative to school social workers; to require the Baptist Church; to provide for the creation of a special prestige employment of a full-time social worker in each city, parish, and license plate for the Greater St. Stephens Ministries; to provide other local public school identified as a failing school in certain for the creation of a special prestige license plate for the New parishes; to provide for definitions; to provide for applicability; Home Ministries; to provide for the creation of a special prestige to provide for effectiveness; and to provide for related matters. license plate for the Camphor Memorial United Methodist Church; to provide for the issuance of such plates; to provide Reported with amendments by the Committee on Education. relative to the fees of such plates; to provide for the uses of such fees; to authorize the promulgation of rules and regulations; and SENATE COMMITTEE AMENDMENTS to provide for related matters. Amendments proposed by Senate Committee on Education to Reported favorably by the Committee on Transportation, Engrossed House Bill No. 1662 by Representative K. Carter Highways, and Public Works. Under the provisions of Joint Rule 29th DAY'S PROCEEDINGS Page 25 SENATE May 27, 2003

No. 3 of the Rules of the Senate, the bill was read by title and referred On motion of Senator Michot, the bill which is a duplicate of to the Legislative Bureau. Senate Bill No. 742, was read by title and lies over under the rules. HOUSE BILL NO. 1841— Motion to Recommit BY REPRESENTATIVE FANNIN AN ACT Senator Dardenne asked for and obtained a suspension of the To amend and reenact R.S. 56:1685(C)(20), relative to Caney Creek rules and recommitted House Bill No. 1614 from the Committee on Lake State Park; to rename the state park Jimmie Davis State Finance to the Committee on Revenue and Fiscal Affairs. Park; and to provide for related matters. Reported favorably by the Committee on Natural Resources. Senate Bills and Joint Resolutions Under the provisions of Joint Rule No. 3 of the Rules of the Senate, Returned from the House the bill was read by title and referred to the Legislative Bureau. of Representatives with Amendments HOUSE BILL NO. 1890— The following Senate Bills and Joint Resolutions returned from BY REPRESENTATIVE TOWNSEND the House of Representatives with amendments were taken up and AN ACT acted upon as follows: To amend and reenact R.S. 17:1966, relative to extracurricular activities; to permit students attending the Louisiana School for SENATE BILL NO. 138— Math, Science, and the Arts to be eligible to participate in BY SENATOR DARDENNE extracurricular activities at certain state-approved nonpublic AN ACT schools; and to provide for related matters. To amend and reenact R.S. 22:2016(A) and to enact R.S. 22:215.24, relative to health insurance; to provide for health insurance Reported favorably by the Committee on Education. Under the coverage for services rendered by registered nurse first provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was assistants; and to provide for related matters. read by title and referred to the Legislative Bureau. The bill was read by title. Returned from the House of HOUSE BILL NO. 1899— Representatives with the following amendments: BY REPRESENTATIVE DIEZ AN ACT HOUSE COMMITTEE AMENDMENTS To amend and reenact R.S. 32:380(A) and to repeal R.S. 32:380(E), relative to the width of vehicles; to increase the width of certain Amendments proposed by House Committee on Insurance to vehicles allowed to travel on certain highways; to repeal Engrossed Senate Bill No. 138 by Senator Dardenne provisions relative to reasonable access for vehicles or combinations of vehicles, in excess of certain widths, between AMENDMENT NO. 1 the interstate system and other highways; and to provide for On page 2, line 3, after "shall" delete the remainder of the line and related matters. insert "not deny coverage of the perioperative registered nurse first assistant" Reported favorably by the Committee on Transportation, Highways, and Public Works. Under the provisions of Joint Rule No. AMENDMENT NO. 2 3 of the Rules of the Senate, the bill was read by title and referred to On page 2, at the beginning of the line 4, delete "such coverage, all" the Legislative Bureau. AMENDMENT NO. 3 HOUSE BILL NO. 1903— BY REPRESENTATIVE MCVEA On page 2, line 6, at the end of the line delete the period"." and insert AN ACT the following: "if the insurer covers the same such perioperative To enact R.S. 38:2212(A)(1)(d)(ii), relative to letting public RNFA services when they are rendered by an advanced practice contracts; to provide for an exception for certain construction registered nurse, a physician assistant, or a physician other than the projects undertaken by public entities; to provide for an effective operating surgeon." date; and to provide for related matters. AMENDMENT NO. 4 Reported favorably by the Committee on Transportation, On page 2, between lines 13 and 14, add the following: Highways, and Public Works. Under the provisions of Joint Rule No. "C. As used in this Section: 3 of the Rules of the Senate, the bill was read by title and referred to (1) "Perioperative nursing" means a practice of nursing in which the Legislative Bureau. the nurse provides preoperative, intraoperative, and postoperative nursing care to surgical patients. (2) "Recognized program" means a program that address all Rules Suspended content of the core curriculum for registered nurse first assistant as established by the Association of Operating Room Nurses or its Senator Michot asked for and obtained a suspension of the rules successor organization. for the purpose of recalling House Bill No. 599 from the Committee (3) "Registered nurse first assistant" or "RNFA" means a person on Judiciary A. who has met all of the following requirements: (a) Is licensed as a registered nurse in accordance with state law. HOUSE BILL NO. 599— BY REPRESENTATIVES JOHNS AND FRUGE (b) Is experienced in perioperative nursing. AN ACT (c) Has successfully completed a recognized program." To amend and reenact R.S. 40:1299.41(A)(1) and to enact R.S. 40:1299.41(A)(21), relative to medical malpractice; to provide LEGISLATIVE BUREAU AMENDMENTS for definitions; to provide for emergency medical services rendered in certain circumstances; and to provide for related Amendments proposed by Legislative Bureau to Engrossed Senate matters. Bill No. 138 by Senator Dardenne AMENDMENT NO. 1 Page 26 SENATE 29th DAY'S PROCEEDINGS May 27, 2003

In House Committee Amendment No. 4 proposed by the House Committee on Insurance on line 18, following "that" and before "all" Total—0 change "address" to "addresses" ABSENT HOUSE FLOOR AMENDMENTS Bean Heitmeier Schedler Ellington Holden Theunissen Amendments proposed by Representative Flavin to Engrossed Senate Fontenot Marionneaux Thomas Bill No. 138 by Senator Dardenne Total—9 AMENDMENT NO. 1 The Chair declared the amendments proposed by the House were On page 2, after line 25 add the following: concurred in. Senator Dardenne moved to reconsider the vote by "Section 2. Should House Bill No. 1606 of the 2003 Regular which the amendments were concurred in and laid the motion on the Session become law, the provisions of that Act shall not apply to the table. provisions of Senate Bill No. 138 of the 2003 Regular Session, should it become law." SENATE BILL NO. 364— BY SENATORS THEUNISSEN AND MOUNT HOUSE FLOOR AMENDMENTS AN ACT To amend and reenact R.S. 17:3048.1(A)(1)(a)(iii), relative to the Amendments proposed by Representative Flavin to Engrossed Senate Tuition Opportunity Program for Students; to provide relative to Bill No. 138 by Senator Dardenne the duration of residency required for an independent and a dependent student; to provide relative to the eligibility of the AMENDMENT NO. 1 dependent child of a member of the United States Armed Forces Delete House Committee Amendments Nos. 1, 2, and 3 of the who is not and does not become a resident of the state, but who amendments proposed by the House Committee on Insurance and lives in the state under permanent change of station orders; to adopted by the House of Representatives on May 19, 2003. revise certain language; to revise certain citizenship requirements; to reinstate awards to certain students based on AMENDMENT NO. 2 citizenship status; and to provide for related matters. On page 2, line 3, after "shall" delete the remainder of the line and delete lines 4 through 6 in their entirety and insert the following The bill was read by title. Returned from the House of "not deny coverage of perioperative services rendered by a registered Representatives with the following amendments: nurse first assistant if the insurer covers the same such first assistant perioperative services when they are rendered by an advanced HOUSE COMMITTEE AMENDMENTS practice nurse, a physician assistant, or a physician other than the operating surgeon. Payments to RNFAs for such services shall be Amendments proposed by House Committee on Education to Re- subject to the same credentialing and contracting requirements that reengrossed Senate Bill No. 364 by Senators Theunissen and Mount apply to other health care providers paid for such services." AMENDMENT NO. 1 AMENDMENT NO. 3 On page 3, line 8, after "(aa)" and before the comma "," insert "of this In Amendment No. 4 of the amendments proposed by the House Item" Committee on Insurance and adopted by the House of Representatives on May 19, 2003, on page 1, line 15, after AMENDMENT NO. 2 "Perioperative" delete the remainder of the line and at the beginning On page 3, line 16, after "(aa)" and before the comma "." insert "of of line 16, delete "the nurse provides" and insert "services" means" this Item" AMENDMENT NO. 4 Senator Theunissen moved to concur in the amendments In Amendment No. 4 of the amendments proposed by the House proposed by the House. Committee on Insurance and adopted by the House of Representatives on May 19, 2003, on page 1, line 17, after "care" ROLL CALL insert "provided" The roll was called with the following result: Senator Dardenne moved to concur in the amendments proposed by the House. YEAS ROLL CALL Mr. President Fields Lambert Adley Fontenot Lentini The roll was called with the following result: Bajoie Gautreaux Malone Barham Hines McPherson YEAS Boissiere Holden Michot Cain Hollis Mount Mr. President Dupre Lambert Chaisson Hoyt Romero Adley Fields Lentini Dardenne Irons Smith Bajoie Gautreaux Malone Dean Johnson Tarver Barham Hines McPherson Dupre Jones, B Theunissen Boissiere Hollis Michot Ellington Jones, CD Ullo Cain Hoyt Mount Total—33 Chaisson Irons Romero NAYS Cravins Johnson Smith Dardenne Jones, B Tarver Total—0 Dean Jones, CD Ullo ABSENT Total—30 NAYS Bean Heitmeier Schedler 29th DAY'S PROCEEDINGS Page 27 SENATE May 27, 2003

Cravins Marionneaux Thomas Bean Heitmeier Schedler Total—6 Ellington Holden Theunissen Fontenot Marionneaux Thomas The Chair declared the amendments proposed by the House were Total—9 concurred in. Senator Theunissen moved to reconsider the vote by which the amendments were concurred in and laid the motion on the The Chair declared the amendments proposed by the House were table. concurred in. Senator Cain moved to reconsider the vote by which the amendments were concurred in and laid the motion on the table. SENATE BILL NO. 459— BY SENATORS CAIN, MCPHERSON, MOUNT, SCHEDLER AND SENATE BILL NO. 471— THEUNISSEN BY SENATORS HOYT, THEUNISSEN, THOMAS, DARDENNE AND AN ACT MOUNT AND REPRESENTATIVE CRANE To amend and reenact R.S. 17:3048.1(A)(1)(a)(iii), relative to the AN ACT Tuition Opportunity Program for Students; to provide relative to To amend and reenact R.S. 9:154(A)(15) and (C), R.S. 17:3092(1) the eligibility of the dependent child of a member of the United and (12), 3096(C), 3098(B)(2), and 3129.4(C)(1), and R.S. States armed forces who is not and does not become a resident 44:4.1(8), and to enact R.S. 9:154(A)(16), R.S. of the state, but who lives in the state under permanent change 17:3093(D)(1)(i), 3096(A)(1)(e) and (E)(3)(d), and 3098(B)(3), of station orders; to revise certain language; and to provide for relative to the Student Tuition Assistance and Revenue Trust related matters. Program; to provide for administration of the program; to provide for certain education savings accounts to be presumed The bill was read by title. Returned from the House of as abandoned property; to provide for and expand program Representatives with the following amendments: participation; to provide for interest on accounts; to provide for refunds upon termination; to provide for the designation of HOUSE COMMITTEE AMENDMENTS beneficiaries; to exclude certain records pertaining to education savings accounts from the public records law; and to provide for Amendments proposed by House Committee on Education to related matters. Engrossed Senate Bill No. 459 by Senator Cain The bill was read by title. Returned from the House of AMENDMENT NO. 1 Representatives with the following amendments: On page 2, line 26, after "than" and before "days" change "sixty" to "one hundred eighty" LEGISLATIVE BUREAU AMENDMENTS AMENDMENT NO. 2 Amendments proposed by Legislative Bureau to Reengrossed Senate On page 3, delete lines 11 through 21 and insert in lieu thereof the Bill No. 471 by Senator Hoyt following: "(bb) Notwithstanding the requirements of Subitem (aa) of this Item, a student who graduates from a public or approved AMENDMENT NO. 1 nonpublic high school in Louisiana in the 2000-2001 school year or On page 1, line 3, following "44:4.1" and before "(8)" insert "(B)" thereafter shall be deemed to meet the residency requirements of this Item if the student is a citizen of the United States and resides in this AMENDMENT NO. 2 state for the period of his last two full years of high school On page 2, line 9, change "five year" to "five-year" culminating in graduation as certified by the high school and the student is the dependent child of a nonresident member of the United Senator Hoyt moved to concur in the amendments proposed by States armed forces who is residing in this state under permanent the House. change of station orders but who does not claim Louisiana as his state of legal residence." ROLL CALL Senator Cain moved to concur in the amendments proposed by The roll was called with the following result: the House. YEAS ROLL CALL Mr. President Fields Lentini The roll was called with the following result: Adley Fontenot Malone Bajoie Gautreaux McPherson YEAS Barham Hines Michot Boissiere Holden Mount Mr. President Dupre Lambert Cain Hollis Romero Adley Fields Lentini Chaisson Hoyt Smith Bajoie Gautreaux Malone Cravins Irons Tarver Barham Hines McPherson Dardenne Johnson Ullo Boissiere Hollis Michot Dean Jones, CD Cain Hoyt Mount Dupre Lambert Chaisson Irons Romero Total—31 Cravins Johnson Smith NAYS Dardenne Jones, B Tarver Dean Jones, CD Ullo Total—0 Total—30 ABSENT NAYS Bean Jones, B Theunissen Total—0 Ellington Marionneaux Thomas ABSENT Heitmeier Schedler Total—8 Page 28 SENATE 29th DAY'S PROCEEDINGS May 27, 2003

The bill was read by title. Returned from the House of The Chair declared the amendments proposed by the House were Representatives with the following amendments: concurred in. Senator Hoyt moved to reconsider the vote by which the amendments were concurred in and laid the motion on the table. HOUSE FLOOR AMENDMENTS SENATE BILL NO. 581— Amendments proposed by Representative Richmond to Engrossed BY SENATOR LENTINI Senate Bill No. 873 by Senator Johnson AN ACT To enact R.S. 22:1514.3, relative to liability insurance; to prohibit AMENDMENT NO. 1 certain acts by bail bond producers; to provide for penalties for On page 1, line 14, after "property" and before "within" insert "or prohibited acts; and to provide for related matters. private property without the owner's permission" The bill was read by title. Returned from the House of Senator Johnson moved to concur in the amendments proposed Representatives with the following amendments: by the House. HOUSE COMMITTEE AMENDMENTS ROLL CALL Amendments proposed by House Committee on Insurance to The roll was called with the following result: Reengrossed Senate Bill No. 581 by Senator Lentini YEAS AMENDMENT NO. 1 On page 2, line 4, at the end of the line delete the period "." and insert Adley Fontenot Lentini in lieu thereof the following: "or for representation at a bail bond Bajoie Gautreaux Malone hearing. Whenever a bail bond producer engages an attorney on Barham Hines McPherson behalf of a defendant, the bail bond producer shall obtain prior Boissiere Holden Michot written consent from the defendant." Cain Hollis Mount Chaisson Hoyt Romero Senator Lentini moved to concur in the amendments proposed Dardenne Irons Smith by the House. Dean Johnson Tarver Dupre Jones, B Theunissen ROLL CALL Ellington Jones, CD Ullo Fields Lambert The roll was called with the following result: Total—32 NAYS YEAS Total—0 Mr. President Ellington Jones, CD ABSENT Adley Fields Lambert Bajoie Fontenot Lentini Mr. President Heitmeier Thomas Barham Gautreaux Malone Bean Marionneaux Boissiere Hines McPherson Cravins Schedler Cain Holden Michot Total—7 Chaisson Hollis Mount Cravins Hoyt Romero The Chair declared the amendments proposed by the House were Dardenne Irons Smith concurred in. Senator Johnson moved to reconsider the vote by Dean Johnson Tarver which the amendments were concurred in and laid the motion on the Dupre Jones, B Ullo table. Total—33 NAYS Senate Concurrent Resolutions Total—0 on Second Reading ABSENT Reported by Committees Bean Marionneaux Theunissen The following Senate Concurrent Resolutions reported by Heitmeier Schedler Thomas Committees were taken up and acted upon as follows: Total—6 SENATE CONCURRENT RESOLUTION NO. 84— The Chair declared the amendments proposed by the House were BY SENATOR ADLEY concurred in. Senator Lentini moved to reconsider the vote by which A CONCURRENT RESOLUTION the amendments were concurred in and laid the motion on the table. To urge and request the commissioner of administration, the Board of Supervisors of Community and Technical Colleges, and the HOUSE BILL NO. 873— Board of Regents to undertake the funding of a new campus for BY REPRESENTATIVE R. CARTER AND SENATOR HAINKEL the Louisiana Technical College - Northwest Campus. AN ACT To appropriate funds out of the General Fund of the state of Reported favorably by the Committee on Education. Louisiana for Fiscal Year 2003-2004 to be used to pay the consent judgment in the suit entitled "Missouri Pacific Railroad The resolution was read by title. Senator Adley moved to adopt Company v. The Greater Baton Rouge Port Commission and the the Senate Concurrent Resolution. State of Louisiana, ex rel the Department of Transportation and Development"; and to provide for related matters. 29th DAY'S PROCEEDINGS Page 29 SENATE May 27, 2003

ROLL CALL Mr. President Heitmeier Thomas Bean Marionneaux The roll was called with the following result: Cravins Schedler Total—7 YEAS The Chair declared the Senate had adopted the Senate Adley Fontenot Lentini Concurrent Resolution and ordered it sent to the House. Bajoie Gautreaux Malone Barham Hines McPherson SENATE CONCURRENT RESOLUTION NO. 99— Boissiere Holden Michot BY SENATOR SCHEDLER Cain Hollis Mount A CONCURRENT RESOLUTION Chaisson Hoyt Romero To urge and request the Board of Regents to establish a special Dardenne Irons Smith committee to study and provide recommendations on the Dean Johnson Tarver implementation of criminal background checks for employees at Dupre Jones, B Theunissen institutions of postsecondary education. Ellington Jones, CD Ullo Fields Lambert Reported with amendments by the Committee on Education. Total—32 NAYS SENATE COMMITTEE AMENDMENTS

Total—0 Amendments proposed by Senate Committee on Education to ABSENT Original Senate Concurrent Resolution No. 99 by Senator Schedler Mr. President Heitmeier Thomas AMENDMENT NO. 1 Bean Marionneaux On page 2, between lines 19 and 20, insert as follows: "(12) The Cravins Schedler president of Campus Ten, or his designee." Total—7 AMENDMENT NO. 2 The Chair declared the Senate had adopted the Senate On page 3, line 19, after "System," delete "and" Concurrent Resolution and ordered it sent to the House. AMENDMENT NO. 3 SENATE CONCURRENT RESOLUTION NO. 98— On page 3, at the end of line 20, before the period insert ", and the BY SENATOR THEUNISSEN president of Campus Ten" A CONCURRENT RESOLUTION To urge and request the Board of Regents to study the feasibility of On motion of Senator Theunissen, the committee amendment offering community college services through Louisiana was adopted. Technical College-Sowela campus in Lake Charles at other regional technical college branch campuses, including the On motion of Senator Lambert, the resolution was read by title Morgan Smith campus in Jennings, and to determine how the and returned to the Calendar, subject to call. state can best meet the educational needs of students and the economic and workforce development needs of the southwest Senate Bills and Joint Resolutions on region of the state. Third Reading Reported favorably by the Committee on Education. and Final Passage The resolution was read by title. Senator Theunissen moved to The following Senate Bills and Joint Resolutions on third adopt the Senate Concurrent Resolution. reading and final passage were taken up and acted upon as follows: SENATE BILL NO. 153— ROLL CALL BY SENATOR SCHEDLER A JOINT RESOLUTION The roll was called with the following result: Proposing to add Article VII, Section 10.11 of the Constitution of Louisiana, relative to the establishment of the Medicaid Trust YEAS Fund for the Elderly; to create the fund; to provide for monies deposited into the fund, including those received as the result of Adley Fontenot Lentini the intergovernmental transfer program; to provide for allocation Bajoie Gautreaux Malone of monies in the fund, through the Elderly Support Fund; to Barham Hines McPherson provide for unencumbered and unexpended funds to remain in Boissiere Holden Michot the trust fund at the end of each fiscal year; to specify an Cain Hollis Mount election for submission of the proposition to electors and Chaisson Hoyt Romero provide a ballot proposition; and to provide for related matters. Dardenne Irons Smith Dean Johnson Tarver On motion of Senator Lambert, the bill was read by title and Dupre Jones, B Theunissen returned to the Calendar, subject to call. Ellington Jones, CD Ullo Fields Lambert SENATE BILL NO. 792— Total—32 BY SENATOR BARHAM NAYS AN ACT To amend and reenact R.S. 30:2030(B) and enact R.S. Total—0 30:2030(A)(1)(c) and (d), relative to the Department of ABSENT Environmental Quality; to authorize the classification of security Page 30 SENATE 29th DAY'S PROCEEDINGS May 27, 2003

sensitive information and personal identification information as emergency; to provide for isolation and quarantine of infected confidential; and to provide for related matters. citizens; to provide for an organizational and operational structure that is compatible with the Louisiana Emergency On motion of Senator Barham, the bill was read by title and Assistance and Disaster Act of 1993; and to provide for related returned to the Calendar, subject to call. matters. SENATE BILL NO. 793— Floor Amendments Sent Up BY SENATOR B. JONES AN ACT Senator Lambert sent up floor amendments which were read. To amend and reenact R.S. 37:2401(1)(b) and 2410(A) and to enact R.S. 37:2410(D), (E), (F), and (G) and 2422, relative to the practice of physical therapy; to provide for referrals from SENATE FLOOR AMENDMENTS chiropractors; and to provide for related matters. Amendments proposed by Senator Lambert on behalf of the Legislative Bureau to Engrossed Senate Bill No. 908 by Senator On motion of Senator B. Jones, the bill was read by title and Hainkel returned to the Calendar, subject to call. AMENDMENT NO. 1 SENATE BILL NO. 869— BY SENATOR JOHNSON AND REPRESENTATIVE LANDRIEU On page 4, line 12, following "stage" and before "collecting" change AN ACT "or" to "of" To amend and reenact R.S. 40:1261(B) and (D), relative to smoking in the Louisiana Superdome; to prohibit smoking in all areas of On motion of Senator Lambert, the amendments were adopted. the Louisiana Superdome; to provide sanctions for violators; to provide for the promulgation of rules; and to provide for related On motion of Senator Hainkel, Senate Bill No. 908 as amended matters. was recommitted to the Committee on Finance. The bill was read by title. Senator Johnson moved the final SENATE BILL NO. 942— BY SENATOR THOMAS passage of the bill. AN ACT To authorize the secretary for the Department of Health and Hospitals ROLL CALL and the commissioner of administration, for and on behalf of the state, to enter into an agreement with respect to the exchange of The roll was called with the following result: certain properties in Washington Parish; and to provide for related matters. YEAS On motion of Senator Lambert, the bill was read by title and Adley Fontenot Malone returned to the Calendar, subject to call. Bajoie Gautreaux McPherson Barham Hines Michot SENATE BILL NO. 990— Boissiere Holden Mount BY SENATOR HINES Cain Hoyt Romero AN ACT Chaisson Irons Smith To amend and reenact R.S. 33:2011(B), relative to health insurance; Dardenne Johnson Tarver to provide for the classification of certain types of cancer as Dean Jones, B Theunissen occupational diseases or infirmities connected with the duties of Dupre Jones, CD Ullo a firefighter; and to provide for related matters. Ellington Lambert Fields Lentini The bill was read by title. Senator Hines moved the final Total—31 passage of the bill. NAYS ROLL CALL Total—0 ABSENT The roll was called with the following result: Mr. President Heitmeier Schedler YEAS Bean Hollis Thomas Cravins Marionneaux Adley Fields Lambert Total—8 Bajoie Fontenot Lentini Barham Gautreaux Malone The Chair declared the bill was passed. The title was read and Boissiere Hines McPherson adopted. Senator Johnson moved to reconsider the vote by which the Cain Holden Michot bill was passed and laid the motion on the table. Chaisson Hollis Romero Cravins Hoyt Smith Senator Lambert in the Chair Dardenne Irons Tarver Dupre Johnson Theunissen SENATE BILL NO. 908— Ellington Jones, CD Ullo BY SENATOR HAINKEL Total—30 AN ACT NAYS To enact Chapter 9 of Title 29 of the Louisiana Revised Statutes of 1950, to be comprised of R.S. 29:760 through 772, relative to Dean Jones, B Mount emergency health powers; to provide for a plan dealing with a Total—3 health emergency; to provide who can declare such an ABSENT emergency, for what length of time and who can end such an 29th DAY'S PROCEEDINGS Page 31 SENATE May 27, 2003

Mr. President Heitmeier Schedler AMENDMENT NO. 1 Bean Marionneaux Thomas On page 1, line 2, following "2682" and before the comma "," insert Total—6 "(5) and to enact 2682(8)" The Chair declared the bill was passed. The title was read and AMENDMENT NO. 2 adopted. Senator Hines moved to reconsider the vote by which the On page 1, line 5, following "2682" and before "is" insert "(5)" bill was passed and laid the motion on the table. AMENDMENT NO. 3 SENATE BILL NO. 1052— On page 1, line 5, following "reenacted" and before "to" insert "and BY SENATOR HINES 2682(8) is enacted" AN ACT To enact R.S. 9:2713.1 and to amend and reenact R.S. 40:32(1), R.S. On motion of Senator Lambert, the amendments were adopted. 40:34(B)(1)(a)(viii), (h)(v), (i) and (j), relative to gestational surrogacy contracts; to provide for the definition of gestational The bill was read by title. Senator Bajoie moved final passage surrogacy contracts; to provide for the conditions for the of the amended bill. enforceability of gestational surrogacy contracts; to provide for a definition of genetic parents; to provide for information to be included on vital records forms; and to provide for related ROLL CALL matters. The roll was called with the following result: The bill was read by title. Senator Hines moved the final YEAS passage of the bill. Adley Fontenot McPherson ROLL CALL Bajoie Gautreaux Michot Barham Hines Mount The roll was called with the following result: Boissiere Holden Romero Cain Hollis Schedler YEAS Chaisson Hoyt Smith Cravins Irons Tarver Adley Fields Lentini Dardenne Johnson Theunissen Bajoie Fontenot Malone Dupre Jones, CD Ullo Barham Gautreaux McPherson Ellington Lambert Boissiere Hines Michot Fields Malone Cain Holden Mount Total—31 Chaisson Hollis Romero NAYS Cravins Hoyt Schedler Dardenne Irons Smith Total—0 Dean Johnson Tarver ABSENT Dupre Jones, B Theunissen Ellington Jones, CD Ullo Mr. President Heitmeier Marionneaux Total—33 Bean Jones, B Thomas NAYS Dean Lentini Total—8 Total—0 ABSENT The Chair declared the amended bill was passed. The title was read and adopted. Senator Bajoie moved to reconsider the vote by Mr. President Heitmeier Marionneaux which the bill was passed and laid the motion on the table. Bean Lambert Thomas Total—6 SENATE BILL NO. 1088— BY SENATOR MCPHERSON The Chair declared the bill was passed. The title was read and AN ACT adopted. Senator Hines moved to reconsider the vote by which the To amend and reenact R.S. 28:826(B), relative to the disability bill was passed and laid the motion on the table. services planning group; to provide for additional members of the consumer task force; and to provide for related matters. SENATE BILL NO. 1072— BY SENATOR BAJOIE AN ACT Floor Amendments Sent Up To amend and reenact R.S. 46:2682, relative to community care Senator Lambert sent up floor amendments which were read. services; to provide for definitions; and to provide for related matters. SENATE FLOOR AMENDMENTS Floor Amendments Sent Up Amendments proposed by Senator Lambert on behalf of the Legislative Bureau to Engrossed Senate Bill No. 1088 by Senator Senator Lambert sent up floor amendments which were read. McPherson SENATE FLOOR AMENDMENTS AMENDMENT NO. 1 On page 1, line 2, following "To" and before the comma "," change Amendments proposed by Senator Lambert on behalf of the "amend and reenact R.S. 28:826(B)" to "enact R.S. 28:826(B)(2)(s) Legislative Bureau to Engrossed Senate Bill No. 1072 by Senator through (z)" Bajoie AMENDMENT NO. 2 Page 32 SENATE 29th DAY'S PROCEEDINGS May 27, 2003

On page 1, line 6, following "Section 1." and before "to read" change AMENDMENT NO. 2 "R.S. 28:826(B) is hereby amended and reenacted" to "R.S. On page 13, line 8, at the beginning of the line and before "persons" 28:826(B)(2)(s) through (z) are hereby enacted" change "thousands" to "thousand" On motion of Senator Lambert, the amendments were adopted. On motion of Senator Lambert, the amendments were adopted. The bill was read by title. Senator McPherson moved final On motion of Senator Bajoie, the amended bill was read by title passage of the amended bill. and returned to the Calendar, subject to call. ROLL CALL SENATE BILL NO. 1101— BY SENATOR HOLDEN AND REPRESENTATIVE WESTON-BROOME The roll was called with the following result: AN ACT To enact Part IV of Chapter 10 of Title 46 of the Louisiana Revised YEAS Statutes of 1950, to be comprised of R.S. 46:1091 through 1093, relative to hospital service districts; to create a parish hospital Adley Fontenot Malone service district in certain parishes and provide for the powers, Bajoie Gautreaux McPherson duties, functions, and responsibilities of the district; to provide Barham Hines Michot for a governing board of commissioners of each district and for Boissiere Holden Mount membership of the board; to authorize the issuance of bonds; Cain Hollis Romero and to provide for related matters. Chaisson Hoyt Schedler Cravins Irons Smith Floor Amendments Sent Up Dardenne Johnson Tarver Dean Jones, B Theunissen Senator Lambert sent up floor amendments which were read. Dupre Jones, CD Ullo Ellington Lambert SENATE FLOOR AMENDMENTS Fields Lentini Total—34 Amendments proposed by Senator Lambert on behalf of the NAYS Legislative Bureau to Engrossed Senate Bill No. 1101 by Senator Holden Total—0 ABSENT AMENDMENT NO. 1 On page 2, line 3, following "hundred" and before "ten" delete "and" Mr. President Heitmeier Thomas Bean Marionneaux On motion of Senator Lambert, the amendments were adopted. Total—5 On motion of Senator Holden, the amended bill was read by title The Chair declared the amended bill was passed. The title was and returned to the Calendar, subject to call. read and adopted. Senator McPherson moved to reconsider the vote by which the bill was passed and laid the motion on the table. SENATE BILL NO. 1104— BY SENATOR HOLLIS SENATE BILL NO. 1090— AN ACT BY SENATOR BAJOIE To enact Chapter 16 of Title 24 of the Louisiana Revised Statutes of AN ACT 1950, comprised of R.S. 24:851 through 857, relative to To amend and reenact R.S. 39:1533(A) and to enact R.S. 28:771(E), legislative committees; to create and provide for the Joint Chapter 16 of Title 28 of the Louisiana Revised Statutes of Legislative Committee on Science and Technology; and to 1950, to be comprised of R.S. 28:851 through 856, and R.S. provide for related matters. 36:254(H) and 258(H), relative to human services; to create a human services authority in parishes with a population in excess The bill was read by title. Senator Hollis moved the final of four hundred seventy-five thousand persons as of the most passage of the bill. recent decennial census; to provide for powers, duties, and functions of the authority; to create a governing board and ROLL CALL provide for its membership, powers, duties, and functions; to provide for the transfer of certain powers, duties, and functions The roll was called with the following result: from the Department of Health and Hospitals to the authority; to provide for the transfer of employees; and to provide for related YEAS matters. Adley Fontenot Lentini Floor Amendments Sent Up Bajoie Gautreaux Malone Barham Heitmeier McPherson Senator Lambert sent up floor amendments which were read. Boissiere Hines Michot Cain Holden Mount SENATE FLOOR AMENDMENTS Chaisson Hollis Romero Cravins Hoyt Schedler Amendments proposed by Senator Lambert on behalf of the Dardenne Irons Smith Legislative Bureau to Engrossed Senate Bill No. 1090 by Senator Dean Johnson Tarver Bajoie Dupre Jones, B Theunissen Ellington Jones, CD Ullo AMENDMENT NO. 1 Fields Lambert On page 4, line 8, change "services" to "service" Total—35 NAYS 29th DAY'S PROCEEDINGS Page 33 SENATE May 27, 2003

SENATE BILL NO. 792— Total—0 BY SENATOR BARHAM ABSENT AN ACT To amend and reenact R.S. 30:2030(B) and enact R.S. Mr. President Marionneaux 30:2030(A)(1)(c) and (d), relative to the Department of Bean Thomas Environmental Quality; to authorize the classification of security Total—4 sensitive information and personal identification information as confidential; and to provide for related matters. The Chair declared the bill was passed. The title was read and adopted. Senator Hollis moved to reconsider the vote by which the Floor Amendments Sent Up bill was passed and laid the motion on the table. Senator Barham sent up floor amendments which were read. SENATE BILL NO. 1111— BY SENATOR SCHEDLER SENATE FLOOR AMENDMENTS AN ACT To enact R.S. 38:2251(L) and R.S. 39:1595(K), relative to public Amendments proposed by Senator Barham to Engrossed Senate Bill contracts; to provide that a preference be given to products No. 792 by Senator Barham printed in Louisiana; and to provide for related matters. AMENDMENT NO. 1 The bill was read by title. Senator Schedler moved the final On page 2, line 7, after "sensitive" delete "such as" and at the passage of the bill. beginning of line 8 delete "information" ROLL CALL AMENDMENT NO. 2 On page 2, line 12, after "Protect" delete "personal identification The roll was called with the following result: information, such as" YEAS AMENDMENT NO. 3 On page 2, line 13, after "and" delete "such" Adley Fontenot Malone Bajoie Gautreaux McPherson AMENDMENT NO. 4 Barham Heitmeier Michot On page 2, line 14, after "may" delete "choose to" Boissiere Hines Mount Cain Holden Romero On motion of Senator Barham, the amendments were adopted. Chaisson Hollis Schedler Cravins Hoyt Smith Floor Amendments Sent Up Dardenne Johnson Tarver Dean Jones, B Theunissen Senator Holden sent up floor amendments which were read. Dupre Jones, CD Ullo Ellington Lambert SENATE FLOOR AMENDMENTS Fields Lentini Total—34 Amendments proposed by Senator Holden to Engrossed Senate Bill NAYS No. 792 by Senator Barham

Total—0 AMENDMENT NO. 1 ABSENT On page 2, at the end of line 22, insert the following: "The department shall comply with all state and federal environmental laws Mr. President Irons Thomas and regulations. Further, the department shall not withhold any Bean Marionneaux requested information from any state or federal agency which has Total—5 regulatory oversight over the department." The Chair declared the bill was passed. The title was read and On motion of Senator Holden, the amendments were adopted. adopted. Senator Schedler moved to reconsider the vote by which the bill was passed and laid the motion on the table. The bill was read by title. Senator Barham moved final passage of the amended bill. Senate Bills and Joint Resolutions on Third Reading ROLL CALL and Final Passage The roll was called with the following result: The following Senate Bills and Joint Resolutions on third reading and final passage were taken up and acted upon as follows: YEAS Adley Fontenot Lentini Called from the Calendar Bajoie Gautreaux Malone Barham Heitmeier Marionneaux Senator Barham asked that Senate Bill No. 792 be called from Boissiere Hines McPherson the Calendar at this time for its final passage. Cain Holden Michot Chaisson Hollis Mount Cravins Hoyt Romero Dardenne Irons Schedler Dean Johnson Smith Page 34 SENATE 29th DAY'S PROCEEDINGS May 27, 2003

Dupre Jones, B Tarver HOUSE CONCURRENT RESOLUTION NO. 42— Ellington Jones, CD Theunissen BY REPRESENTATIVE CRANE Fields Lambert Ullo A CONCURRENT RESOLUTION Total—36 To establish a multidisciplinary advisory council to provide advice to NAYS the state Department of Education on specific health-related matters as requested by the state superintendent of education on Total—0 an as-needed basis. ABSENT Reported favorably by the Committee on Education. Mr. President Bean Thomas Total—3 The resolution was read by title. Senator Dardenne moved to concur in the House Concurrent Resolution. The Chair declared the amended bill was passed. The title was read and adopted. Senator Barham moved to reconsider the vote by ROLL CALL which the bill was passed and laid the motion on the table. The roll was called with the following result: House Concurrent Resolutions on Second Reading YEAS Reported by Committees Adley Fontenot Lentini Bajoie Gautreaux Malone The following House Concurrent Resolutions reported by Barham Heitmeier Marionneaux Committees were taken up and acted upon as follows: Boissiere Hines McPherson Cain Holden Michot HOUSE CONCURRENT RESOLUTION NO. 37— Chaisson Hollis Mount BY REPRESENTATIVE WELCH Cravins Hoyt Romero A CONCURRENT RESOLUTION Dardenne Irons Schedler To urge and request each public postsecondary education Dean Johnson Smith management board, in consultation with the Board of Regents, Dupre Jones, B Tarver to develop and implement policies to require each institution Ellington Jones, CD Theunissen under its respective jurisdiction to provide information to first- Fields Lambert Ullo time entering freshmen relative to the dangers of credit card debt Total—36 as part of a freshman orientation program or other admissions NAYS process. Total—0 Reported favorably by the Committee on Education. ABSENT The resolution was read by title. Senator Fields moved to Mr. President Bean Thomas concur in the House Concurrent Resolution. Total—3 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: HOUSE CONCURRENT RESOLUTION NO. 89— YEAS BY REPRESENTATIVES MCDONALD AND DOWNER A CONCURRENT RESOLUTION Adley Fontenot Lentini To memorialize congress to cease all funding for programs which Bajoie Gautreaux Malone encourage farmers to leave grain in their fields to supply food Barham Heitmeier Marionneaux for migrating ducks and other aquatic avian species and to Boissiere Hines McPherson memorialize the United States Fish and Wildlife Service to study Cain Holden Michot the impact of such activities. Chaisson Hollis Mount Cravins Hoyt Romero Reported favorably by the Committee on Natural Resources. Dardenne Irons Schedler Dean Johnson Smith The resolution was read by title. Senator Barham moved to Dupre Jones, B Tarver concur in the House Concurrent Resolution. Ellington Jones, CD Theunissen Fields Lambert Ullo ROLL CALL Total—36 NAYS The roll was called with the following result:

Total—0 YEAS ABSENT Adley Fontenot Lentini Mr. President Bean Thomas Bajoie Gautreaux Malone Total—3 Barham Heitmeier Marionneaux Boissiere Hines McPherson The Chair declared the Senate had concurred in the House Cain Holden Michot Concurrent Resolution and ordered it returned to the House. Chaisson Hollis Mount Cravins Hoyt Romero Dardenne Irons Schedler 29th DAY'S PROCEEDINGS Page 35 SENATE May 27, 2003

Dean Johnson Smith Reported favorably by the Committee on Education. Dupre Jones, B Tarver Ellington Jones, CD Theunissen The resolution was read by title. Senator Theunissen moved to Fields Lambert concur in the House Concurrent Resolution. Total—35 NAYS ROLL CALL

Total—0 The roll was called with the following result: ABSENT YEAS Mr. President Thomas Bean Ullo Mr. President Fields Malone Total—4 Adley Fontenot Marionneaux Bajoie Gautreaux McPherson The Chair declared the Senate had concurred in the House Barham Heitmeier Michot Concurrent Resolution and ordered it returned to the House. Boissiere Hines Mount Cain Holden Romero HOUSE CONCURRENT RESOLUTION NO. 114— Chaisson Hollis Schedler BY REPRESENTATIVE LAFLEUR Cravins Hoyt Smith A CONCURRENT RESOLUTION Dardenne Irons Tarver To continue the existence of the Louisiana Commission on French Dean Johnson Theunissen and the Louisiana French Study Committee, created in 2001 to Dupre Jones, CD Ullo assess the condition of the French language in Louisiana. Ellington Lentini Total—35 Reported favorably by the Committee on Education. NAYS

The resolution was read by title. Senator Cravins moved to Total—0 concur in the House Concurrent Resolution. ABSENT ROLL CALL Bean Lambert Jones, B Thomas The roll was called with the following result: Total—4 YEAS The Chair declared the Senate had concurred in the House Concurrent Resolution and ordered it returned to the House. Adley Fontenot Malone Bajoie Gautreaux Marionneaux HOUSE CONCURRENT RESOLUTION NO. 158— Barham Heitmeier McPherson BY REPRESENTATIVE STRAIN Boissiere Hines Michot A CONCURRENT RESOLUTION Cain Holden Mount To urge and request the Department of Transportation and Chaisson Hollis Romero Development to install a traffic signal or three-way stop signs Cravins Hoyt Smith on Louisiana Highway 437 at its intersection with Louisiana Dardenne Irons Tarver Highway 40. Dean Johnson Theunissen Dupre Jones, CD Ullo Reported favorably by the Committee on Transportation, Ellington Lambert Highways, and Public Works. Fields Lentini Total—34 The resolution was read by title. Senator Schedler moved to NAYS concur in the House Concurrent Resolution.

Total—0 ROLL CALL ABSENT The roll was called with the following result: Mr. President Jones, B Thomas Bean Schedler YEAS Total—5 Mr. President Fontenot Malone The Chair declared the Senate had concurred in the House Adley Gautreaux Marionneaux Concurrent Resolution and ordered it returned to the House. Bajoie Heitmeier McPherson Barham Hines Michot Mr. President in the Chair Boissiere Holden Mount Cain Hollis Romero HOUSE CONCURRENT RESOLUTION NO. 148— Chaisson Hoyt Schedler BY REPRESENTATIVES MURRAY AND HUNTER Cravins Irons Smith A CONCURRENT RESOLUTION Dardenne Johnson Tarver To request the State Board of Elementary and Secondary Education Dupre Jones, CD Theunissen to submit detailed written plans relative to the implementation Ellington Lambert Ullo of the state takeover of failing schools to the House Committee Fields Lentini on Education and the Senate Committee on Education not later Total—35 than September 15, 2003. NAYS Page 36 SENATE 29th DAY'S PROCEEDINGS May 27, 2003

Dean HOUSE BILL NO. 57— Total—1 BY REPRESENTATIVE BALDONE ABSENT AN ACT To amend and reenact Code of Evidence Article 515(C)(10), relative Bean Jones, B Thomas to testimonial privileges; to provide for the accountant-client Total—3 privilege in domestic proceedings; and to provide for related matters. The Chair declared the Senate had concurred in the House Concurrent Resolution and ordered it returned to the House. The bill was read by title. Senator Dupre moved the final passage of the bill. House Bills and Joint Resolutions on Third Reading ROLL CALL and Final Passage The roll was called with the following result: The following House Bills and Joint Resolutions on third YEAS reading and final passage were taken up and acted upon as follows: Adley Fontenot Lentini HOUSE BILL NO. 10— Bajoie Gautreaux Malone BY REPRESENTATIVES NEVERS AND BRUCE Barham Heitmeier Marionneaux AN ACT Boissiere Hines McPherson To amend and reenact R.S. 14:93.3(E), relative to cruelty to the Cain Holden Michot infirmed; to provide for increased penalties for second or Chaisson Hollis Mount subsequent convictions; and to provide for related matters. Cravins Hoyt Romero Dardenne Irons Schedler On motion of Senator Lambert, the bill was read by title and Dean Johnson Smith returned to the Calendar, subject to call. Dupre Jones, B Tarver Ellington Jones, CD Theunissen HOUSE BILL NO. 13— BY REPRESENTATIVE GALLOT Fields Lambert Ullo AN ACT Total—36 To enact R.S. 33:1448(K), relative to group insurance for retired NAYS sheriffs and deputy sheriffs; to require the sheriff in Claiborne Parish to pay for dental, hospital, surgical, and medical Total—0 insurance for certain retired sheriffs and deputy sheriffs; and to ABSENT provide for related matters. Mr. President Bean Thomas The bill was read by title. Senator Adley moved the final Total—3 passage of the bill. The Chair declared the bill was passed. The title was read and adopted. Senator Dupre moved to reconsider the vote by which the ROLL CALL bill was passed and laid the motion on the table. The roll was called with the following result: HOUSE BILL NO. 76— BY REPRESENTATIVE DOERGE YEAS AN ACT To amend and reenact Code of Civil Procedure Article 4843(H), Adley Fontenot Lentini relative to the civil jurisdiction of the City Court of Springhill; Bajoie Gautreaux Malone to increase the jurisdictional amount of the court; and to provide Barham Heitmeier Marionneaux for related matters. Boissiere Hines McPherson Cain Holden Michot The bill was read by title. Senator Adley moved the final Chaisson Hollis Mount passage of the bill. Cravins Hoyt Romero Dardenne Irons Schedler Dean Johnson Smith ROLL CALL Dupre Jones, B Tarver Ellington Jones, CD Theunissen The roll was called with the following result: Fields Lambert Ullo Total—36 YEAS NAYS Mr. President Fontenot Malone Adley Gautreaux Marionneaux Total—0 Bajoie Heitmeier McPherson ABSENT Barham Hines Michot Boissiere Holden Mount Mr. President Bean Thomas Cain Hollis Romero Total—3 Chaisson Hoyt Schedler Cravins Irons Smith The Chair declared the bill was passed. The title was read and Dardenne Johnson Tarver adopted. Senator Adley moved to reconsider the vote by which the Dean Jones, B Theunissen bill was passed and laid the motion on the table. Dupre Jones, CD Ullo Ellington Lambert 29th DAY'S PROCEEDINGS Page 37 SENATE May 27, 2003

Fields Lentini ROLL CALL Total—37 NAYS The roll was called with the following result:

Total—0 YEAS ABSENT Mr. President Fontenot Malone Bean Thomas Adley Gautreaux Marionneaux Total—2 Bajoie Heitmeier McPherson Barham Hines Michot The Chair declared the bill was passed. The title was read and Boissiere Holden Mount adopted. Senator Adley moved to reconsider the vote by which the Cain Hollis Romero bill was passed and laid the motion on the table. Chaisson Hoyt Schedler Cravins Irons Smith HOUSE BILL NO. 175— Dardenne Johnson Tarver BY REPRESENTATIVES BRUNEAU AND KATZ Dean Jones, B Theunissen AN ACT Dupre Jones, CD Ullo To amend and reenact R.S. 40:31.33(A), relative to safe drinking Ellington Lambert water; to change the method of assessment of the safe drinking Fields Lentini water administration fee; and to provide for related matters. Total—37 NAYS The bill was read by title. Senator Fontenot moved the final passage of the bill. Total—0 ABSENT ROLL CALL Bean Thomas The roll was called with the following result: Total—2 YEAS The Chair declared the bill was passed. The title was read and adopted. Senator Marionneaux moved to reconsider the vote by Mr. President Gautreaux Malone which the bill was passed and laid the motion on the table. Adley Heitmeier Marionneaux Bajoie Hines McPherson HOUSE BILL NO. 263— Barham Holden Michot BY REPRESENTATIVES BALDONE AND DOWNER Boissiere Hollis Mount AN ACT Cain Hoyt Romero To enact R.S. 13:2109.5, relative to the City Court of Houma; to Cravins Irons Schedler authorize the transfer of surplus funds or unclaimed fees from Dardenne Johnson Smith the court's civil fee account to the court's general operational Dean Jones, B Tarver fund; and to provide for related matters. Ellington Jones, CD Theunissen Fields Lambert Ullo On motion of Senator Dupre, the bill was read by title and Fontenot Lentini returned to the Calendar, subject to call. Total—35 NAYS HOUSE BILL NO. 445— BY REPRESENTATIVES WELCH AND DANIEL Total—0 AN ACT ABSENT To enact R.S. 13:992.1, relative to court costs in the Nineteenth Judicial District Court; to authorize the Nineteenth Judicial Bean Dupre District Court and the clerk of court of the Nineteenth Judicial Chaisson Thomas District Court to impose additional costs of court and service Total—4 charges in certain civil matters; to provide for collection of such costs and charges; to establish a judicial building fund; to The Chair declared the bill was passed. The title was read and provide for the dedication and disbursement of such funds; and adopted. Senator Fontenot moved to reconsider the vote by which to provide for related matters. the bill was passed and laid the motion on the table. On motion of Senator Adley, the bill was read by title and HOUSE BILL NO. 223— recommitted to the Committee on Revenue and Fiscal Affairs. BY REPRESENTATIVE MURRAY AN ACT Senator Lambert in the Chair To enact Code of Civil Procedure Article 4061.1, relative to natural tutors; to provide exceptions from qualifying in certain HOUSE BILL NO. 479— circumstances; to provide for the filing of petitions for delictual BY REPRESENTATIVE BRUNEAU actions on behalf of minors; to provide for the form of the AN ACT petition; and to provide for related matters. To enact R.S. 9:1113, relative to the partition of immovable property; to provide for private sale in certain circumstances; to provide The bill was read by title. Senator Marionneaux moved the final for petition by minority interests for partition; to provide for passage of the bill. appraisal; to provide for time limitations; to provide for distribution of proceeds; and to provide for related matters. The bill was read by title. Senator Hainkel moved the final passage of the bill. Page 38 SENATE 29th DAY'S PROCEEDINGS May 27, 2003

Floor Amendments Sent Up ROLL CALL Senator Marionneaux sent up floor amendments which were The roll was called with the following result: read. YEAS SENATE FLOOR AMENDMENTS Mr. President Fields Malone Amendments proposed by Senator Marionneaux to Engrossed House Adley Fontenot Marionneaux Bill No. 518 by Representative Johns Bajoie Gautreaux McPherson Barham Heitmeier Michot AMENDMENT NO. 1 Boissiere Hines Mount On page 1, line 11, after "A." insert "(1)" Cain Holden Romero Chaisson Hollis Schedler AMENDMENT NO. 2 Cravins Hoyt Smith On page 2, between lines 3 and 4, insert the following: "Subparagrah Dardenne Irons Tarver 1 of this Paragraph shall not apply when the manufacturer, distributor Dean Johnson Theunissen or seller of the food or non-alcoholic beverage knew or should have Dupre Jones, CD Ullo known of its harmful effects." Ellington Lambert Total—35 Senator Marionneaux moved adoption of the amendments. NAYS Senator Michot objected. Total—0 ABSENT ROLL CALL Bean Lentini The roll was called with the following result: Jones, B Thomas Total—4 YEAS The Chair declared the bill was passed. The title was read and Bajoie Fields Jones, CD adopted. Senator Hainkel moved to reconsider the vote by which the Cain Heitmeier Marionneaux bill was passed and laid the motion on the table. Cravins Holden Total—8 HOUSE BILL NO. 484— NAYS BY REPRESENTATIVE JOHN SMITH AN ACT Mr. President Fontenot McPherson To amend and reenact Code of Civil Procedure Article 4843(I), Adley Gautreaux Michot relative to the civil jurisdiction of the City Court of Leesville; to Barham Hollis Mount increase the jurisdictional amount of the court; and to provide Boissiere Hoyt Romero for related matters. Chaisson Irons Schedler Dardenne Johnson Smith On motion of Senator Cain, the bill was read by title and Dean Jones, B Tarver returned to the Calendar, subject to call. Dupre Lambert Theunissen Ellington Malone Ullo Mr. President in the Chair Total—27 ABSENT HOUSE BILL NO. 485— BY REPRESENTATIVES TOOMY, FAUCHEUX, AND WELCH Bean Lentini AN ACT Hines Thomas To amend and reenact R.S. 13:782(A)(1), relative to clerks of district Total—4 courts including the civil clerk of court for the Civil District Court for the Parish of Orleans and the criminal clerk of court The Chair declared the amendments were rejected. for the Criminal District Court for the Parish of Orleans; to provide for a salary increase for the various clerks whose salary The bill was read by title. Senator Michot moved the final is based on the population of their respective parishes; and to passage of the bill. provide for related matters. On motion of Senator Heitmeier, the bill was read by title and ROLL CALL returned to the Calendar, subject to call. The roll was called with the following result: HOUSE BILL NO. 518— BY REPRESENTATIVES JOHNS, CAZAYOUX, DAMICO, DOWNER, YEAS FLAVIN, FRITH, FRUGE, FUTRELL, KATZ, MORRISH, NEVERS, PITRE, POWELL, SCALISE, STELLY, STRAIN, THOMPSON, WALSWORTH, WINSTON, AND WOOTON AND SENATORS CHAISSON, GAUTREAUX, Mr. President Gautreaux McPherson MICHOT, AND THEUNISSEN Adley Heitmeier Michot AN ACT Barham Hines Mount To enact R.S. 9:2799.6, relative to a limitation of liability for Boissiere Hollis Romero damages related to the consumption of certain products; to limit Chaisson Hoyt Schedler the liability of manufacturers, distributors, and sellers of food Cravins Irons Smith and non-alcoholic beverages; to define terms; to provide for Dardenne Johnson Tarver applicability; and to provide for related matters. Dean Jones, B Theunissen 29th DAY'S PROCEEDINGS Page 39 SENATE May 27, 2003

Dupre Jones, CD Ullo Total—4 Ellington Lambert Fontenot Malone The Chair declared the bill was passed. The title was read and Total—31 adopted. Senator Dupre moved to reconsider the vote by which the NAYS bill was passed and laid the motion on the table. Bajoie Holden HOUSE BILL NO. 755— Fields Marionneaux BY REPRESENTATIVE KENNARD Total—4 AN ACT ABSENT To enact R.S. 40:1472.10(A)(9), relative to the regulation of explosives; to provide for additional grounds for denial, Bean Lentini revocation, or suspension of certain explosives licenses; and to Cain Thomas provide for related matters. Total—4 Floor Amendments Sent Up The Chair declared the bill was passed. The title was read and adopted. Senator Michot moved to reconsider the vote by which the Senator Holden sent up floor amendments which were read. bill was passed and laid the motion on the table. SENATE FLOOR AMENDMENTS HOUSE BILL NO. 597— BY REPRESENTATIVE TOOMY Amendments proposed by Senator Holden to Reengrossed House Bill AN ACT No. 755 by Senator Holden To amend and reenact R.S. 13:47, relative to the Judicial Compensation Commission; to provide for legislative approval AMENDMENT NO. 1 of the commission's report; to provide for an effective date for In Senate Committee Amendment No. 2 proposed by the Senate salary recommendations; to provide for procedures for approval Committee on Judiciary C and adopted by the Senate on May 21, of the concurrent resolution; and to provide for related matters. 2003, on page 1, line 2, after "insert" delete the remainder of the line and insert "(a) through (r), (t)" On motion of Senator Lambert, the bill was read by title and returned to the Calendar, subject to call. On motion of Senator Holden, the amendments were adopted. Senator Lambert in the Chair The bill was read by title. Senator Chaisson moved final passage of the amended bill. HOUSE BILL NO. 736— BY REPRESENTATIVE BALDONE AN ACT ROLL CALL To amend and reenact R.S. 14:100(C)(1), relative to offenses The roll was called with the following result: affecting the public safety; to change the criminal penalties for the crime of hit-and-run driving when there is evidence of YEAS alcohol or drug use prior to the traffic accident; and to provide for related matters. Adley Fontenot Malone Barham Gautreaux Marionneaux The bill was read by title. Senator Dupre moved the final Boissiere Heitmeier McPherson passage of the bill. Cain Hines Michot Chaisson Holden Mount ROLL CALL Cravins Hollis Romero Dardenne Hoyt Schedler The roll was called with the following result: Dean Irons Smith Dupre Johnson Tarver YEAS Ellington Jones, CD Theunissen Fields Lambert Ullo Adley Fontenot Malone Total—33 Bajoie Gautreaux Marionneaux NAYS Barham Heitmeier McPherson Boissiere Hines Michot Total—0 Cain Holden Mount ABSENT Chaisson Hollis Romero Cravins Hoyt Schedler Mr. President Bean Lentini Dardenne Irons Smith Bajoie Jones, B Thomas Dean Johnson Tarver Total—6 Dupre Jones, B Theunissen Ellington Jones, CD Ullo The Chair declared the amended bill was passed. The title was Fields Lambert read and adopted. Senator Chaisson moved to reconsider the vote by Total—35 which the bill was passed and laid the motion on the table. NAYS HOUSE BILL NO. 756— Total—0 BY REPRESENTATIVE KENNARD ABSENT AN ACT To amend and reenact R.S. 40:1472.3(C)(2), relative to regulation of Mr. President Lentini explosives; to provide for nonrefundable license fees; and to Bean Thomas provide for related matters. Page 40 SENATE 29th DAY'S PROCEEDINGS May 27, 2003

The bill was read by title. Senator Chaisson moved the final Mr. President Bean Thomas passage of the bill. Total—3 ROLL CALL The Chair declared the bill was passed. The title was read and adopted. Senator Chaisson moved to reconsider the vote by which The roll was called with the following result: the bill was passed and laid the motion on the table. YEAS Mr. President in the Chair Adley Fontenot Malone HOUSE BILL NO. 801— Bajoie Gautreaux Marionneaux BY REPRESENTATIVE TOOMY Barham Heitmeier McPherson AN ACT Boissiere Hines Michot To enact Chapter 1-C of Title 13 of the Louisiana Revised Statutes of Cain Holden Mount 1950, to be comprised of R.S. 13:61, relative to the Judicial Chaisson Hollis Romero Council of the Supreme Court of Louisiana; to require the Cravins Hoyt Schedler council to establish guidelines for the approval of the creation of Dardenne Irons Smith new judgeships and offices of commissioner, magistrate, and Dean Johnson Tarver hearing officer; to require the council to provide information to Dupre Jones, B Theunissen the appropriate standing committees of the legislature; to Ellington Jones, CD Ullo provide for exceptions; and to provide for related matters. Fields Lambert Total—35 The bill was read by title. Senator Dardenne moved the final NAYS passage of the bill.

Total—0 ROLL CALL ABSENT The roll was called with the following result: Mr. President Lentini Bean Thomas YEAS Total—4 Mr. President Fontenot Malone The Chair declared the bill was passed. The title was read and Adley Gautreaux Marionneaux adopted. Senator Chaisson moved to reconsider the vote by which Bajoie Heitmeier McPherson the bill was passed and laid the motion on the table. Barham Hines Michot Boissiere Holden Mount HOUSE BILL NO. 757— Cain Hollis Romero BY REPRESENTATIVE KENNARD Chaisson Hoyt Schedler AN ACT Cravins Irons Smith To repeal R.S. 40:1472.3(F) and 1472.4(B)(2), relative to explosives; Dardenne Johnson Tarver to repeal provisions authorizing persons who do not possess a Dean Jones, B Theunissen license to work with explosives provided that the person is Dupre Jones, CD Ullo working under the immediate and personal supervision and Ellington Lambert control of a person with a valid license; and to provide for Fields Lentini related matters. Total—37 NAYS The bill was read by title. Senator Chaisson moved the final passage of the bill. Total—0 ABSENT ROLL CALL Bean Thomas The roll was called with the following result: Total—2 YEAS The Chair declared the bill was passed. The title was read and adopted. Senator Dardenne moved to reconsider the vote by which Adley Fontenot Lentini the bill was passed and laid the motion on the table. Bajoie Gautreaux Malone Barham Heitmeier Marionneaux HOUSE BILL NO. 869— Boissiere Hines McPherson BY REPRESENTATIVES MORRELL, HEATON, MARTINY, AND Cain Holden Michot WOOTON Chaisson Hollis Mount AN ACT Cravins Hoyt Romero To enact Code of Criminal Procedure Article 814(A)(50.1), relative Dardenne Irons Schedler to responsive verdicts; to provide for responsive verdicts for Dean Johnson Smith possession of cocaine; and to provide for related matters. Dupre Jones, B Tarver Ellington Jones, CD Theunissen The bill was read by title. Senator Chaisson moved the final Fields Lambert Ullo passage of the bill. Total—36 NAYS

Total—0 ABSENT 29th DAY'S PROCEEDINGS Page 41 SENATE May 27, 2003

ROLL CALL The Chair declared the bill was passed. The title was read and adopted. Senator Fontenot moved to reconsider the vote by which The roll was called with the following result: the bill was passed and laid the motion on the table. YEAS HOUSE BILL NO. 981— BY REPRESENTATIVE STRAIN Mr. President Fields Lambert AN ACT Adley Fontenot Lentini To amend and reenact R.S. 9:4751(2), relative to dieticians; to Bajoie Gautreaux Malone include "dietician" in a certain definition of "health care Barham Heitmeier Marionneaux provider"; and to provide for related matters. Boissiere Hines McPherson Cain Holden Michot On motion of Senator Lambert, the bill was read by title and Chaisson Hollis Mount returned to the Calendar, subject to call. Cravins Hoyt Romero HOUSE BILL NO. 1021— Dardenne Irons Smith BY REPRESENTATIVES DEVILLIER, BRUCE, AND MURRAY Dean Johnson Tarver AN ACT Dupre Jones, B Theunissen To amend and reenact R.S. 14:81.1(F) and 283(D) and R.S. Ellington Jones, CD Ullo 44:4.1(B)(26) and (27) and to enact R.S. 14:283(E) and R.S. Total—36 46:1845, relative to evidence of child pornography, obscenity, NAYS and video voyeurism; to declare that certain items of evidence are contraband; to provide for the seizure and disposition of Total—0 contraband involving child pornographic, video voyeuristic, and ABSENT obscene evidence; to provide relative to the privacy of victims; to provide for limitation of access to pornographic, video Bean Schedler Thomas voyeuristic, or obscene evidence; to provide for the disposition Total—3 of such evidence; to provide for definitions; to provide for a contradictory hearing; to provide for the disposition of evidence; The Chair declared the bill was passed. The title was read and to provide for the issuance of a court order; to provide for adopted. Senator Chaisson moved to reconsider the vote by which guidelines to be used when deciding whether to limit access to the bill was passed and laid the motion on the table. certain evidentiary items; to provide for exceptions to the public records law; and to provide for related matters. HOUSE BILL NO. 874— BY REPRESENTATIVE DAMICO AN ACT The bill was read by title. Senator Lentini moved the final To enact R.S. 30:2050.7(E)(4), relative to settlements by the secretary passage of the bill. of the Department of Environmental Quality of suits for civil penalties; to provide relative to uses of settlement money; to ROLL CALL authorize the payment of such settlements; and to provide for related matters. The roll was called with the following result: The bill was read by title. Senator Fontenot moved the final YEAS passage of the bill. Mr. President Fontenot Malone Adley Gautreaux Marionneaux ROLL CALL Bajoie Heitmeier McPherson The roll was called with the following result: Barham Hines Michot Boissiere Holden Mount YEAS Cain Hollis Romero Chaisson Hoyt Schedler Mr. President Fontenot Lentini Cravins Irons Smith Adley Gautreaux Malone Dardenne Johnson Tarver Bajoie Heitmeier Marionneaux Dean Jones, B Theunissen Barham Hines McPherson Dupre Jones, CD Ullo Boissiere Holden Michot Ellington Lambert Cain Hollis Mount Fields Lentini Chaisson Hoyt Romero Total—37 Dardenne Irons Schedler NAYS Dean Johnson Smith Dupre Jones, B Tarver Total—0 Ellington Jones, CD Theunissen ABSENT Fields Lambert Ullo Total—36 Bean Thomas NAYS Total—2

Total—0 The Chair declared the bill was passed. The title was read and ABSENT adopted. Senator Lentini moved to reconsider the vote by which the bill was passed and laid the motion on the table. Bean Cravins Thomas Total—3 Page 42 SENATE 29th DAY'S PROCEEDINGS May 27, 2003

HOUSE BILL NO. 1022— Dupre Lambert Theunissen BY REPRESENTATIVE DEVILLIER Ellington Lentini Ullo AN ACT Total—33 To amend and reenact R.S. 14:27(B), relative to attempt to commit a NAYS crime; to provide for an attempt to commit the crime of arson; and to provide for related matters. Fields Irons Jones, CD Total—3 The bill was read by title. Senator Lentini moved the final ABSENT passage of the bill. Mr. President Bean Thomas ROLL CALL Total—3 The roll was called with the following result: The Chair declared the bill was passed. The title was read and adopted. Senator Lentini moved to reconsider the vote by which the YEAS bill was passed and laid the motion on the table. Mr. President Fontenot Malone HOUSE BILL NO. 1025— Adley Gautreaux Marionneaux BY REPRESENTATIVES DEVILLIER AND BRUCE Bajoie Heitmeier McPherson AN ACT Barham Hines Michot To amend and reenact R.S. 14:93.2.1(B)(2), relative to child Boissiere Holden Mount desertion; to change the criminal penalties for a second or Cain Hollis Romero subsequent conviction of child desertion; and to provide for Chaisson Hoyt Schedler related matters. Cravins Irons Smith Dardenne Johnson Tarver The bill was read by title. Senator Lentini moved the final Dean Jones, B Theunissen passage of the bill. Dupre Jones, CD Ullo Ellington Lambert ROLL CALL Fields Lentini Total—37 The roll was called with the following result: NAYS YEAS Total—0 ABSENT Adley Gautreaux Malone Bajoie Heitmeier Marionneaux Bean Thomas Barham Hines McPherson Total—2 Boissiere Holden Michot Cain Hollis Mount The Chair declared the bill was passed. The title was read and Chaisson Hoyt Romero adopted. Senator Lentini moved to reconsider the vote by which the Cravins Irons Schedler bill was passed and laid the motion on the table. Dardenne Johnson Smith Dupre Jones, B Tarver HOUSE BILL NO. 1024— Ellington Jones, CD Theunissen BY REPRESENTATIVE DEVILLIER Fields Lambert Ullo AN ACT Fontenot Lentini To amend and reenact Code of Criminal Procedure Article 881.1, Total—35 relative to criminal sentences; to provide for the reconsideration NAYS of the sentence in felony and misdemeanor cases; to provide for the procedure to be used in filing a motion to reconsider a Total—0 sentence; to provide for the time limit to file such motion; to ABSENT provide for the form of the motion; to provide for a contradictory hearing; and to provide for related matters. Mr. President Dean Bean Thomas The bill was read by title. Senator Lentini moved the final Total—4 passage of the bill. The Chair declared the bill was passed. The title was read and ROLL CALL adopted. Senator Lentini moved to reconsider the vote by which the bill was passed and laid the motion on the table. The roll was called with the following result: HOUSE BILL NO. 1170— YEAS BY REPRESENTATIVE DAMICO AN ACT Adley Fontenot Malone To amend and reenact R.S. 30:2158(A)(2)(b) and 2226(H)(1), Bajoie Gautreaux Marionneaux relative to contamination of groundwater through migration; to Barham Heitmeier McPherson provide for prevention of migration from sanitary landfills; to Boissiere Hines Michot provide for prevention of migration at certain hazardous waste Cain Holden Mount sites; and to provide for related matters. Chaisson Hollis Romero Cravins Hoyt Schedler On motion of Senator Cain, the bill was read by title and Dardenne Johnson Smith returned to the Calendar, subject to call. Dean Jones, B Tarver 29th DAY'S PROCEEDINGS Page 43 SENATE May 27, 2003

HOUSE BILL NO. 1172— The bill was read by title. Senator Chaisson moved the final BY REPRESENTATIVE MORRELL passage of the bill. AN ACT To enact R.S. 13:1384, relative to criminal district courts; to provide for certain positions or office; and to provide for related matters. ROLL CALL The roll was called with the following result: The bill was read by title. Senator Irons moved the final passage of the bill. YEAS ROLL CALL Mr. President Fontenot Lentini Adley Gautreaux Malone The roll was called with the following result: Bajoie Heitmeier Marionneaux Barham Hines McPherson YEAS Boissiere Holden Michot Cain Hollis Mount Adley Hines Marionneaux Chaisson Hoyt Romero Bajoie Holden McPherson Dardenne Irons Schedler Barham Hollis Michot Dean Johnson Smith Boissiere Hoyt Mount Dupre Jones, B Tarver Cain Irons Romero Ellington Jones, CD Theunissen Cravins Johnson Schedler Fields Lambert Ullo Dardenne Jones, B Smith Total—36 Dupre Jones, CD Tarver NAYS Ellington Lambert Theunissen Gautreaux Lentini Ullo Total—0 Heitmeier Malone ABSENT Total—32 NAYS Bean Cravins Thomas Total—3 Dean Total—1 The Chair declared the bill was passed. The title was read and ABSENT adopted. Senator Chaisson moved to reconsider the vote by which the bill was passed and laid the motion on the table. Mr. President Chaisson Fontenot Bean Fields Thomas HOUSE BILL NO. 1284— Total—6 BY REPRESENTATIVES TOOMY, ANSARDI, CAPELLA, DAMICO, LANCASTER, AND MARTINY The Chair declared the bill was passed. The title was read and AN ACT adopted. Senator Irons moved to reconsider the vote by which the To amend and reenact R.S. 13:2562.24(D) and to enact R.S. bill was passed and laid the motion on the table. 13:2562.24(E), relative to the First and Second Parish Courts of Jefferson Parish; to authorize the Jefferson Parish Council and HOUSE BILL NO. 1177— the judges of the courts to provide for a security service charge BY REPRESENTATIVE MARTINY fee on each filing in the First and Second Parish Courts of AN ACT Jefferson Parish; to authorize the fee to be used to defray the To amend and reenact R.S. 47:2183, relative to tax sales of cost of the purchase, operation, and maintenance of courtroom immovable property; to provide for notice to the prior owner; to security devices; to authorize any excess in fees generated to be provide for applicability to parishes or municipalities; to provide used to defray the cost of other judicial equipment, facilities, for an effective date and to provide for related matters. building new facilities, or payment of any bond indebtedness; and to provide for related matters. On motion of Senator Lentini, the bill was read by title and returned to the Calendar, subject to call. On motion of Senator Lambert, the bill was read by title and returned to the Calendar, subject to call. HOUSE BILL NO. 1228— BY REPRESENTATIVE ANSARDI HOUSE BILL NO. 1383— AN ACT BY REPRESENTATIVE DURAND To amend and reenact Children's Code Article 423(A)(2) and (3), AN ACT relative to juvenile court; to authorize hearing officers to accept To amend and reenact Code of Criminal Procedure Article 279, agreements reached in mediation; to provide for application to relative to extradition costs and expenses; to provide that a parishes with a population over four hundred forty thousand; to person's commercial surety shall pay the expenses of extradition; provide for expiration; and to provide for related matters. and to provide for related matters. On motion of Senator Lambert, the bill was read by title and On motion of Senator Lambert, the bill was read by title and returned to the Calendar, subject to call. returned to the Calendar, subject to call. HOUSE BILL NO. 1250— HOUSE BILL NO. 1384— BY REPRESENTATIVE TRICHE BY REPRESENTATIVE DURAND AN ACT AN ACT To amend and reenact R.S. 47:1642, relative to the criminal penalty To amend and reenact Code of Criminal Procedure Article 339, for tax evasion; to increase the penalty for tax evasion; to relative to types of bail; to provide that defendants may combine provide for an effective date; and to provide for related matters. different types of bail; and to provide for related matters. Page 44 SENATE 29th DAY'S PROCEEDINGS May 27, 2003

On motion of Senator Lambert, the bill was read by title and provide for a salary increase for the various clerks whose salary returned to the Calendar, subject to call. is based on the population of their respective parishes; and to provide for related matters. HOUSE BILL NO. 1773— BY REPRESENTATIVE MURRAY AN ACT Motion To amend and reenact R.S. 13:1312(D), relative to judicial expense Senator Fields moved to return the bill to the Involuntary funds; to provide relative to funds of any civil district court and Calendar. city courts located in a parish with a population of greater than four hundred seventy thousand; to authorize the judges en banc Senator Heitmeier objected. to utilize the funds for a separate juvenile facility; to delete prohibition against raising additional fees; to delete requirement that additional funds be derived from other noncourt cost-related ROLL CALL sources; to delete the requirement that the Joint Legislative Committee on the Budget approve the plans and cost; and to The roll was called with the following result: provide for related matters. YEAS On motion of Senator Lambert, the bill was read by title and returned to the Calendar, subject to call. Mr. President Fields Malone Bajoie Hollis Michot HOUSE BILL NO. 1845— Dardenne Hoyt Theunissen BY REPRESENTATIVES DAMICO, PERKINS, PEYCHAUD, JANE SMITH, Dean Jones, B AND WADDELL Total—11 AN ACT NAYS To amend and reenact R.S. 30:2418(H)(introductory paragraph) and (3) and to enact R.S. 36:104(B)(8), relative to waste tires; to Adley Hines McPherson provide for agreements between the Departments of Barham Holden Mount Environmental Quality and Economic Development; to provide Boissiere Johnson Romero for use of the Waste Tire Management Fund; and to provide for Chaisson Jones, CD Schedler related matters. Ellington Lambert Smith Gautreaux Lentini Tarver On motion of Senator Lambert, the bill was read by title and Heitmeier Marionneaux Ullo returned to the Calendar, subject to call. Total—21 ABSENT HOUSE BILL NO. 1944— BY REPRESENTATIVE MONTGOMERY Bean Dupre Thomas AN ACT Cain Fontenot To amend and reenact R.S. 27:93(A)(2)(introductory paragraph) and Cravins Irons (a), (7)(introductory paragraph) and (e), and (8), to enact R.S. Total—7 27:93(A)(9), and to repeal R.S. 27:93(A)(2)(e), (f), and (i), relative to admission fees for riverboats; to provide for The Chair declared the Senate refused to return the bill to the allocation of funds derived from riverboat boarding fees on Involuntary Calendar. certain riverboats in Bossier Parish; to provide for the levying of boarding fees in Bossier Parish in certain cases; and to provide The bill was read by title. Senator Heitmeier moved the final for related matters. passage of the bill. On motion of Senator Adley, the bill was read by title and returned to the Calendar, subject to call. ROLL CALL Senator Lambert in the Chair The roll was called with the following result: YEAS House Bills and Joint Resolutions on Third Reading and Final Passage, Adley Hines Marionneaux Subject to Call Boissiere Holden McPherson Cain Hoyt Mount The following House Bills and Joint Resolutions on third Chaisson Johnson Romero reading and final passage, subject to call, were taken up and acted Dupre Jones, CD Schedler upon as follows: Ellington Lambert Smith Gautreaux Lentini Tarver Heitmeier Malone Ullo Called from the Calendar Total—24 NAYS Senator Heitmeier asked that House Bill No. 485 be called from the Calendar at this time for its final passage. Barham Dean Jones, B Cravins Fields Michot HOUSE BILL NO. 485— BY REPRESENTATIVES TOOMY, FAUCHEUX, AND WELCH Dardenne Hollis Theunissen AN ACT Total—9 To amend and reenact R.S. 13:782(A)(1), relative to clerks of district ABSENT courts including the civil clerk of court for the Civil District Court for the Parish of Orleans and the criminal clerk of court Mr. President Bean Irons for the Criminal District Court for the Parish of Orleans; to Bajoie Fontenot Thomas 29th DAY'S PROCEEDINGS Page 45 SENATE May 27, 2003

Total—6 The Chair declared the amended bill was passed. The title was read and adopted. Senator Cain moved to reconsider the vote by The Chair declared the bill was passed. The title was read and which the bill was passed and laid the motion on the table. adopted. Senator Heitmeier moved to reconsider the vote by which the bill was passed and laid the motion on the table. Rules Suspended Called from the Calendar Senator Adley asked for and obtained a suspension of the rules for the purpose of reverting to the Morning Hour. Senator Cain asked that House Bill No. 1170 be called from the Calendar at this time for its final passage. Messages from the House HOUSE BILL NO. 1170— The following Messages from the House were received and read BY REPRESENTATIVE DAMICO as follows: AN ACT To amend and reenact R.S. 30:2158(A)(2)(b) and 2226(H)(1), relative to contamination of groundwater through migration; to Message from the House provide for prevention of migration from sanitary landfills; to provide for prevention of migration at certain hazardous waste DISAGREEMENT TO HOUSE BILL sites; and to provide for related matters. May 27, 2003 Floor Amendments Sent Up To the Honorable President and Members of the Senate: Senator Cain sent up floor amendments which were read. I am directed to inform your honorable body that the House of Representatives has refused to concur in the proposed Senate SENATE FLOOR AMENDMENTS Amendment(s) to House Bill No. 987 by Representative DeWitt, and ask the President to appoint on the part of the Senate a committee to Amendments proposed by Senator Cain to Engrossed House Bill No. confer with a like committee from the House on the disagreement. 1170 by Representative Damico Respectfully submitted, AMENDMENT NO. 1 ALFRED W. SPEER Delete Senate Committee Amendment #1 and on page 2, line 1, after Clerk of the House of Representatives "migration." delete the remainder of the line and insert in the following: "For any permit application filed after July 1, 2003, for a new sanitary landfill site, or for an expansion of an existing landfill Message from the House site, such" PASSED SENATE BILLS AND On motion of Senator Cain, the amendments were adopted. JOINT RESOLUTIONS The bill was read by title. Senator Cain moved final passage of May 27, 2003 the amended bill. To the Honorable President and Members of the Senate: ROLL CALL I am directed to inform your honorable body that the House of Representatives has finally passed the following Senate Bills and The roll was called with the following result: Joint Resolutions: YEAS SENATE BILL NO. 33— BY SENATOR DUPRE Mr. President Fontenot Malone AN ACT Adley Gautreaux Marionneaux To amend and reenact R.S. 38:291(P)(2) and 304(B) and to enact Bajoie Heitmeier McPherson R.S. 38:291(P)(4), relative to the South Lafourche Levee Barham Hines Michot District; to provide for membership of the board of Boissiere Holden Mount commissioners; and to provide for related matters. Cain Hollis Romero Chaisson Hoyt Schedler Reported with amendments. Cravins Irons Smith Dardenne Johnson Tarver SENATE BILL NO. 34— Dean Jones, B Theunissen BY SENATOR DUPRE Dupre Jones, CD Ullo AN ACT Ellington Lambert To amend and reenact R.S. 38:291(T)(2) and 304(B) and to enact Fields Lentini R.S. 38:291(T)(4), relative to the North Lafourche Conservation, Total—37 Levee and Drainage District; to provide for membership of the NAYS board of commissioners; and to provide for related matters.

Total—0 Reported with amendments. ABSENT SENATE BILL NO. 44— Bean Thomas BY SENATOR MCPHERSON Total—2 AN ACT To amend and reenact R.S. 48:252(A)(2) and (B)(1), relative to roads and highways; provides for alternate bids on selected highway Page 46 SENATE 29th DAY'S PROCEEDINGS May 27, 2003

project contracts; requires quarterly reports on the bids; and to Reported without amendments. provide for related matters. SENATE BILL NO. 988— Reported with amendments. BY SENATORS MOUNT AND CAIN AND REPRESENTATIVE JOHNS AN ACT SENATE BILL NO. 64— To designate a certain portion of Louisiana Highway 27 in Calcasieu BY SENATOR SMITH AND REPRESENTATIVE TOWNSEND Parish as the Horace Lynn Jones Memorial Highway; and to AN ACT provide for related matters. To amend and reenact R.S. 9:5701, relative to prescription; to provide a ten-year prescriptive period for educational debts Reported without amendments. owed to certain institutions of higher education; and to provide for related matters. SENATE BILL NO. 591— BY SENATOR DARDENNE Reported with amendments. AN ACT To enact R.S. 33:9029.2(C), relative to cooperative endeavors SENATE BILL NO. 353— involving the state; to require approval of public contracts for BY SENATOR MCPHERSON such cooperative endeavors by the State Bond Commission prior AN ACT to execution; and to provide for related matters. To enact R.S. 32:408(B)(6), relative to driver’s licenses; to provide for the office of motor vehicles to issue a temporary driver’s Reported without amendments. permit under certain conditions; and to provide for related matters. SENATE BILL NO. 621— BY SENATOR MICHOT Reported without amendments. AN ACT To amend and reenact R.S. 47:463.94(C), relative to special prestige SENATE BILL NO. 665— license plates; to provide for the royalty fee for the Camp BY SENATOR HEITMEIER Woodmen license plate; and to provide for related matters. AN ACT To designate certain portions of Louisiana Highway 23 as the Mel Ott Reported without amendments. Parkway; and to provide for related matters. SENATE BILL NO. 854— Reported without amendments. BY SENATOR ELLINGTON AN ACT SENATE BILL NO. 829— To amend and reenact R.S. 32:364(A), relative to motor vehicles; to BY SENATOR BARHAM provide for certain safety devices on motor vehicles; and to AN ACT provide for related matters. To enact Part XXVI of Chapter 13 of Title 38, consisting of R.S. 38:3087.190 through 3087.194, relative to water conservation; Reported without amendments. to create the Morehouse Parish Lake Commission; to provide for powers, membership, officers, terms, meetings, and SENATE BILL NO. 1047 (Substitute for Senate Bill No. 48)— compensation of the commission; and to provide for related BY SENATOR HAINKEL matters. AN ACT To designate a portion of Interstate 55 as the “Congressman Jimmy Reported without amendments. Morrison Highway”. SENATE BILL NO. 1093— Reported without amendments. BY SENATOR FIELDS AN ACT SENATE BILL NO. 100— To enact R.S. 47:463.111, relative to motor vehicle license plates; to BY SENATOR CAIN AND REPRESENTATIVE HILL provide for a special prestige license plate for the Louisiana AN ACT Leadership Institute; to provide for its charge; to provide for the To designate a portion of Louisiana Highway 110 located in the town distribution and use of the monies; and to provide for related of Merryville as the "C.E. Buddy Slaydon Memorial Drive". matters. Reported without amendments. Reported without amendments. SENATE BILL NO. 172— SENATE BILL NO. 261— BY SENATOR MARIONNEAUX BY SENATOR HOYT AN ACT AN ACT To designate a certain portion of as the Martin To repeal R.S. 48:491(B)(3), relative to roads and highways; to Luther King, Jr. Parkway; and to provide for related matters. provide with respect to local and parish roads and eliminate an exception for Vermilion Parish; and to provide for related Reported without amendments. matters. SENATE BILL NO. 1043— Reported without amendments. BY SENATOR CAIN AN ACT SENATE BILL NO. 729— To designate a portion of Louisiana Highway 394 in Beauregard BY SENATOR MCPHERSON Parish as the “Clayton Iles Memorial Highway”. AN ACT To amend and reenact R.S. 32:387.5, relative to special permits; to Reported without amendments. authorize vehicles traveling under special permits to use a portion of Interstate 49 as an alternate route for certain highways; and to provide for related matters. 29th DAY'S PROCEEDINGS Page 47 SENATE May 27, 2003

SENATE BILL NO. 41— SENATE BILL NO. 953— BY SENATOR MCPHERSON BY SENATORS DARDENNE, FIELDS AND FONTENOT AN ACT AN ACT To amend and reenact R.S. 48:217(A), relative to roads and To amend and reenact R.S. 38:301(A)(3), relative to the authority of highways; to provide for the acquisition of rights-of-way on levee boards; to authorize the construction of bicycle paths and certain highway projects; and to provide for related matters. walkways along the main line levees of the in certain parishes; and to provide for related matters. Reported without amendments. Reported without amendments. SENATE BILL NO. 101— BY SENATOR CAIN AND REPRESENTATIVE HILL SENATE BILL NO. 32— AN ACT BY SENATOR DUPRE To designate a portion of Louisiana Highway 109 and Highway 389 AN ACT located in Beauregard Parish as the "Frank Hennigan Memorial To enact R.S. 38:291(U)(2)(d), relative to the Terrebonne Levee and Drive". Conservation District; to provide for the membership of the board of commissioners; and to provide for related matters. Reported without amendments. Reported without amendments. SENATE BILL NO. 339— BY SENATOR IRONS SENATE BILL NO. 113— AN ACT BY SENATOR DUPRE To enact R.S. 47:463.111, relative to motor vehicle license plates; to AN ACT provide for a special prestige license plate for Invest in Children; To enact R.S. 32:414(P), relative to motor vehicles; to provide for the to provide for its charge; to provide for the distribution and use suspension of a driver’s license for certain criminal violations; of the monies; and to provide for related matters. and to provide for related matters. Reported without amendments. Reported without amendments. SENATE BILL NO. 1106— SENATE BILL NO. 214— BY SENATOR THOMAS BY SENATORS DUPRE, CAIN, SCHEDLER, ADLEY, BARHAM, AN ACT BOISSIERE, CHAISSON, CRAVINS, DARDENNE, FIELDS, ELLINGTON, FONTENOT, GAUTREAUX, HINES, HOLDEN, HOLLIS, HOYT, IRONS, To designate a portion of Louisiana Highway 424 in Washington JOHNSON, B. JONES, LAMBERT, LENTINI, MALONE, MARIONNEAUX, Parish as the “Simon S. Thomas Memorial Highway”. MCPHERSON, MICHOT, MOUNT, ROMERO, SMITH, TARVER, THEUNISSEN AND THOMAS AND REPRESENTATIVES PITRE AND Reported without amendments. DOWNER A JOINT RESOLUTION SENATE BILL NO. 109— Proposing to amend Article VII, Sections 10.2(B) and (C) and BY SENATOR DUPRE 10.5(C) of the Constitution of Louisiana and to add Article VII, AN ACT Section 10(D)(2)(e) and (f) of the Constitution of Louisiana, To enact Part XV-A of Chapter 13 of Title 38 of the Louisiana relative to state funds; to provide for credit and appropriation of Revised Statutes of 1950, to be comprised of R.S. 38:3086.21 monies in the Mineral Revenue Audit and Settlement Fund for through 3086.26, and to repeal Act No. 113 of the 1950 Regular deposit in the Wetlands Conservation and Restoration Fund; to Session, Act No. 192 of the 1952 Regular Session, Act No. 13 provide for the cap on the balance of certain mineral revenues of the 1958 Extraordinary Session, Act No. 186 of the 1970 that can be in the balance of the Wetlands Conservation and Regular Session, Act No. 393 of the 1981 Regular Session, Act Restoration Fund; to provide for the allocation of appropriation No. 31 of the 1983 First Extraordinary Session, Act No. 905 of of nonrecurring revenues for deposit into the Wetlands the 1991 Regular Session, Act No. 196 of the 1992 Regular Conservation and Restoration Fund; and to specify an election Session, Act No. 953 of the 1995 Regular Session, Act No. 82 for submission of the proposition to electors and provide a ballot of the 1996 Extraordinary Session, Act No. 521 of the 1997 proposition. Regular Session, Act No. 2 of the 1998 Extraordinary Session, Act No. 803 of the 2001 Regular Session, Act No. 19 of the Reported with amendments. 2002 Extraordinary Session, and Act No. 95 of the 2002 Extraordinary Session, relative to the SENATE BILL NO. 577— Freshwater District; to codify certain existing laws governing the BY SENATOR FONTENOT creation and powers, duties, functions, and responsibilities of AN ACT the Bayou Lafourche Fresh Water District and the board of To enact R.S. 30:2025(D), relative to enforcement of environmental commissioners of the district; to provide for the powers, duties, violations; to provide for a program for expedited enforcement functions, and responsibilities of the board; to provide for the for minor environmental violations; to authorize the secretary to selection of commissioners from the parish of Lafourche; and to promulgate rules and regulations; and to provide for related provide for related matters. matters. Reported without amendments. Reported with amendments. SENATE BILL NO. 568— SENATE BILL NO. 144— BY SENATORS DUPRE, CAIN, SCHEDLER, ADLEY, BARHAM, BY SENATOR ROMERO BOISSIERE, CAIN, CHAISSON, CRAVINS, DARDENNE, FIELDS, AN ACT FONTENOT, GAUTREAUX, HINES, HOLLIS, HOYT, IRONS, LAMBERT, To enact R.S. 47:463.111, relative to motor vehicle license plates; to MCPHERSON, MICHOT, MOUNT, ROMERO, SMITH, TARVER AND provide for a special prestige license plate for Junior Golf; to THEUNISSEN provide for its charge; to provide for the distribution and use of AN ACT the monies; and to provide for related matters. To amend and reenact R.S. 39:97(C) and R.S. 49:213.7(B)(1) and (D) and to enact R.S. 39:34(B)(2)(d) and 54(B)(2)(d) and (e) Reported without amendments. and to repeal R.S. 49:213.7(B)(3), relative to state funds; to provide for credit and appropriation of monies in the Mineral Page 48 SENATE 29th DAY'S PROCEEDINGS May 27, 2003

Revenue Audit and Settlement Fund for deposit in the Wetlands SENATE CONCURRENT RESOLUTION NO. 105— Conservation and Restoration Fund; to provide for a cap on the BY SENATORS BAJOIE, BOISSIERE, IRONS, JOHNSON AND HAINKEL balance of certain mineral revenues that can be in the balance of A CONCURRENT RESOLUTION the Wetlands Conservation and Restoration Fund; to provide for To congratulate Marc Haydel Morial on his selection as president of the allocation of appropriation of nonrecurring revenues for the National Urban League and to commend his focus and his deposit into the Wetlands Conservation and Restoration Fund; determination to resolve the need to improve the economic to provide for an effective date; and to provide for related status of African Americans in America. matters. The resolution was read by title. Senator Bajoie moved to adopt Reported with amendments. the Senate Concurrent Resolution. SENATE BILL NO. 402— ROLL CALL BY SENATOR FONTENOT AN ACT The roll was called with the following result: To amend and reenact R.S. 30:2012(D), relative to environmental quality; to provide that the Department of Environmental YEAS Quality develop new criteria for compliance inspections; and to provide for related matters. Mr. President Fontenot Lentini Adley Gautreaux Malone Reported with amendments. Bajoie Heitmeier Marionneaux Barham Hines McPherson Respectfully submitted, Boissiere Holden Michot ALFRED W. SPEER Cain Hollis Mount Clerk of the House of Representatives Chaisson Hoyt Romero Cravins Irons Schedler Introduction of Resolutions, Dardenne Johnson Smith Senate and Concurrent Dupre Jones, B Tarver Ellington Jones, CD Theunissen Senator Lambert asked for and obtained a suspension of the Fields Lambert Ullo rules for the purpose of introducing and reading the following Total—36 Resolutions, Senate and Concurrent, a first and second time and NAYS acting upon them as follows: Dean SENATE RESOLUTION NO. 56— Total—1 BY SENATOR BAJOIE ABSENT A RESOLUTION To commend Delta Sigma Theta Sorority, Inc., for its achievements Bean Thomas and designates May 28, 2003, as Delta Sigma Theta Sorority Total—2 "Red and White" Day at the Senate of the Legislature of Louisiana. The Chair declared the Senate had adopted the Senate Concurrent Resolution and ordered it sent to the House. On motion of Senator Bajoie, the resolution was read by title and adopted. SENATE CONCURRENT RESOLUTION NO. 106— BY SENATOR MOUNT SENATE CONCURRENT RESOLUTION NO. 103— A CONCURRENT RESOLUTION BY SENATOR HOYT To urge and request city, parish, and other local public school boards A CONCURRENT RESOLUTION and superintendents to consider the issues involved and establish To memorialize the Congress of the United States to provide for policies which address the inappropriateness of permitting adequate and immediate protection, stabilization, and school related activities planned and conducted for the maintenance of the Intracoastal Waterway canal banks in participation of students in facilities which exist primarily to Southwest Louisiana. support the conduct of gaming. On motion of Senator Hoyt, the resolution was read by title and On motion of Senator Mount, the resolution was read by title referred to the Committee on Natural Resources. and referred to the Committee on Education. SENATE CONCURRENT RESOLUTION NO. 104— SENATE CONCURRENT RESOLUTION NO. 107— BY SENATOR BOISSIERE BY SENATOR SMITH A CONCURRENT RESOLUTION A CONCURRENT RESOLUTION To suspend various sections of Title 37 of the Louisiana Revised To request the Bureau of Vital Statistics to report to the Governor's Statutes of 1950 and those portions of the Louisiana Commission on Marriage and Family divorce data for the state Administrative Code as they may impose certain mandatory over the last five years. requirements for the continuation of any licensure or certification for any individual while in the active military On motion of Senator Smith, the resolution was read by title and service of the United States or any of its allies. referred to the Committee on Judiciary A. On motion of Senator Boissiere, the resolution was read by title Messages from the House and referred to the Committee on Senate and Governmental Affairs. The following Messages from the House were received and read as follows: 29th DAY'S PROCEEDINGS Page 49 SENATE May 27, 2003

Message from the House ROLL CALL ASKING CONCURRENCE IN HOUSE CONCURRENT RESOLUTIONS The roll was called with the following result: May 17, 2003 YEAS To the Honorable President and Members of the Senate: Mr. President Fontenot Malone Adley Gautreaux Marionneaux I am directed to inform your honorable body that the House of Bajoie Heitmeier McPherson Representatives has finally passed and asks your concurrence in the Barham Hines Michot following House Concurrent Resolutions: Boissiere Holden Mount Cain Hollis Romero HOUSE CONCURRENT RESOLUTION NO. 174— Chaisson Hoyt Schedler BY REPRESENTATIVE FAUCHEUX AND SENATOR LAMBERT Cravins Irons Smith A CONCURRENT RESOLUTION Dardenne Johnson Tarver To commend the Reserve Christian High School basketball team for Dean Jones, B Theunissen an exceptional season and for winning the Class B State Dupre Jones, CD Ullo Championship. Ellington Lambert Fields Lentini HOUSE CONCURRENT RESOLUTION NO. 175— Total—37 BY REPRESENTATIVE BAUDOIN NAYS A CONCURRENT RESOLUTION To urge and request the Department of Environmental Quality and Total—0 the Department of Health and Hospitals to investigate the source ABSENT of elevated dioxin levels in residents of Lafayette Parish and to report their findings to the House Committee on the Bean Thomas Environment and the Senate Committee on Environmental Total—2 Quality prior to the 2004 Regular Session. The Chair declared the Senate had concurred in the House HOUSE CONCURRENT RESOLUTION NO. 177— BY REPRESENTATIVES FRITH AND TOWNSEND Concurrent Resolution and ordered it returned to the House. A CONCURRENT RESOLUTION To urge and request the Department of Public Safety and Corrections HOUSE CONCURRENT RESOLUTION NO. 175— BY REPRESENTATIVE BAUDOIN to add the official job title of public officials, at their option, as A CONCURRENT RESOLUTION an item on a personal driver's license. To urge and request the Department of Environmental Quality and the Department of Health and Hospitals to investigate the source HOUSE CONCURRENT RESOLUTION NO. 178— BY REPRESENTATIVE JOHN SMITH of elevated dioxin levels in residents of Lafayette Parish and to A CONCURRENT RESOLUTION report their findings to the House Committee on the To memorialize the Congress of the United States to review and Environment and the Senate Committee on Environmental consider eliminating provisions of law supplanting social Quality prior to the 2004 Regular Session. security benefits for those receiving benefits from federal, state, or local government retirement systems. On motion of Senator Lambert, the resolution was read by title and referred to the Committee on Environmental Quality. HOUSE CONCURRENT RESOLUTION NO. 179— BY REPRESENTATIVE MURRAY HOUSE CONCURRENT RESOLUTION NO. 177— A CONCURRENT RESOLUTION BY REPRESENTATIVES FRITH AND TOWNSEND To recognize and commend Bishop Paul S. Morton, Sr. for his A CONCURRENT RESOLUTION service to the African American business community and the To urge and request the Department of Public Safety and Corrections city of New Orleans. to add the official job title of public officials, at their option, as an item on a personal driver's license. Respectfully submitted, ALFRED W. SPEER On motion of Senator Lambert, the resolution was read by title Clerk of the House of Representatives and referred to the Committee on Transportation, Highways, and Public Works. House Concurrent Resolutions HOUSE CONCURRENT RESOLUTION NO. 178— BY REPRESENTATIVE JOHN SMITH Senator Schedler asked for and obtained a suspension of the A CONCURRENT RESOLUTION rules to take up at this time the following House Concurrent To memorialize the Congress of the United States to review and Resolutions just received from the House which were taken up, read consider eliminating provisions of law supplanting social a first and second time by their titles and acted upon as follows: security benefits for those receiving benefits from federal, state, or local government retirement systems. HOUSE CONCURRENT RESOLUTION NO. 174— BY REPRESENTATIVE FAUCHEUX AND SENATOR LAMBERT On motion of Senator Lambert, the resolution was read by title A CONCURRENT RESOLUTION and referred to the Committee on Revenue and Fiscal Affairs. To commend the Reserve Christian High School basketball team for an exceptional season and for winning the Class B State Championship. The resolution was read by title. Senator Lambert moved to concur in the House Concurrent Resolution. Page 50 SENATE 29th DAY'S PROCEEDINGS May 27, 2003

HOUSE CONCURRENT RESOLUTION NO. 179— HOUSE BILL NO. 1896— BY REPRESENTATIVE MURRAY BY REPRESENTATIVE PITRE A CONCURRENT RESOLUTION AN ACT To recognize and commend Bishop Paul S. Morton, Sr. for his To enact R.S. 9:2800.13, relative to liability for damages related to service to the African American business community and the transportation of material by carrier; to provide for specific city of New Orleans. findings of fact; to provide for a determination of causation; to provide for evidence of negligence or fault; to provide for the The resolution was read by title. Senator Irons moved to concur applicability of comparative fault; and to provide for related in the House Concurrent Resolution. matters. ROLL CALL Respectfully submitted, ALFRED W. SPEER The roll was called with the following result: Clerk of the House of Representatives YEAS House Bills and Joint Resolutions on First Reading Adley Fontenot Lentini Bajoie Gautreaux Malone The following House Bills and Joint Resolutions were read a Barham Heitmeier McPherson first time by their titles and placed on the Calendar for their second Boissiere Hines Michot reading: Cain Holden Mount Chaisson Hollis Romero HOUSE BILL NO. 1348— Cravins Hoyt Schedler BY REPRESENTATIVE PITRE Dardenne Irons Smith AN ACT Dupre Johnson Tarver To amend and reenact R.S. 34:3254(C), relative to the Grand Isle Ellington Jones, CD Theunissen Port Commission; to provide with respect to the maximum Fields Lambert Ullo amount of indebtedness which may be incurred by the Total—33 commission; to provide that indebtedness incurred by the NAYS commission shall not be guaranteed by the town of Grand Isle; and to provide for related matters. Total—0 ABSENT The bill was read by title; lies over under the rules. Mr. President Dean Marionneaux HOUSE BILL NO. 1896— Bean Jones, B Thomas BY REPRESENTATIVE PITRE Total—6 AN ACT To enact R.S. 9:2800.13, relative to liability for damages related to The Chair declared the Senate had concurred in the House transportation of material by carrier; to provide for specific Concurrent Resolution and ordered it returned to the House. findings of fact; to provide for a determination of causation; to provide for evidence of negligence or fault; to provide for the applicability of comparative fault; and to provide for related Messages from the House matters. The following Messages from the House were received and read as follows: The bill was read by title; lies over under the rules. Message from the House Reports of Committees ASKING CONCURRENCE IN The following reports of committees were received and read: HOUSE BILLS AND JOINT RESOLUTIONS REPORT OF COMMITTEE ON May 17, 2003 JUDICIARY B To the Honorable President and Members of the Senate: Senator Cravins, Chairman on behalf of the Committee on I am directed to inform your honorable body that the House of Judiciary B, submitted the following report: Representatives has finally passed and asks your concurrence in the following House Bills and Joint Resolutions: May 27, 2003 HOUSE BILL NO. 1348— To the President and Members of the Senate: BY REPRESENTATIVE PITRE AN ACT I am directed by your Committee on Judiciary B to submit the To amend and reenact R.S. 34:3254(C), relative to the Grand Isle following report: Port Commission; to provide with respect to the maximum amount of indebtedness which may be incurred by the HOUSE BILL NO. 379— commission; to provide that indebtedness incurred by the BY REPRESENTATIVE FAUCHEUX commission shall not be guaranteed by the town of Grand Isle; AN ACT and to provide for related matters. To amend and reenact R.S. 13:2582(A), relative to justices of the peace; to require a high school diploma or equivalent as a qualification for office; to provide for applicability; and to provide for related matters. 29th DAY'S PROCEEDINGS Page 51 SENATE May 27, 2003

Reported favorably. Reported with amendments. HOUSE BILL NO. 720— HOUSE BILL NO. 1832— BY REPRESENTATIVE HILL BY REPRESENTATIVE FAUCHEUX AN ACT AN ACT To amend and reenact Children's Code Article 791.1, relative to the To enact R.S. 13:847(F), relative to fees clerks of court receive in truancy and assessment and service center pilot program; to criminal cases; to authorize a clerk of a district court in a parish authorize the creation of a truancy and assessment and service with a population of between forty-two thousand eight hundred center in the parish of Allen; and to provide for related matters. and forty-three thousand five hundred to receive an additional fee in expungement cases; to provide for use of the funds; and Reported with amendments. to provide for related matters. HOUSE BILL NO. 950— Reported favorably. BY REPRESENTATIVE WINSTON AN ACT HOUSE BILL NO. 1851— To amend and reenact Children's Code Articles 896(D) and 900(A) BY REPRESENTATIVES DEVILLIER, FARRAR, AND BRUCE and to enact Children's Code Article 898(C)(6), relative to the AN ACT delinquency of juveniles; to provide with respect to the effective To amend and reenact R.S. 40:1563.1(C) and to enact R.S. period of a deferred dispositional agreement, a judgment of 40:1563.1(D), relative to local arson investigators; to provide for disposition in a misdemeanor-grade adjudication, and a training, certification, and qualification; to clarify their powers judgment of disposition in a felony-grade adjudication; to and duties; and to provide for related matters. provide that these time periods may be extended for any juvenile participating or ordered to participate in a juvenile drug court Reported favorably. program; and to provide for related matters. Respectfully submitted, DONALD R. CRAVINS Reported favorably. Chairman HOUSE BILL NO. 1016— REPORT OF COMMITTEE ON BY REPRESENTATIVES DEVILLIER AND HEATON AN ACT To amend and reenact R.S. 15:574.4(A)(2)(a)(introductory JUDICIARY C paragraph), relative to eligibility for intensive parole supervision Senator Lentini, Chairman on behalf of the Committee on under the supervision of the Department of Public Safety and Judiciary C, submitted the following report: Corrections; to provide for eligibility of persons convicted of certain controlled dangerous substances; and to provide for May 27, 2003 related matters. To the President and Members of the Senate: Reported favorably. I am directed by your Committee on Judiciary C to submit the HOUSE BILL NO. 1023— BY REPRESENTATIVE DEVILLIER following report: AN ACT To enact R.S. 13:5304(B)(10.1), relative to eligibility for the drug SENATE BILL NO. 992— BY SENATOR DEAN division probation program; to provide that a prior conviction or AN ACT adjudication for simple battery shall not be the sole basis for To amend and reenact R.S. 14:89(B) and to enact R.S. 14:89(C), denying eligibility for the drug division probation program; and relative to crime; to provide relative to crime against nature; to to provide for related matters. provide for the exception of certain acts from such crime; and to provide for related matters. Reported favorably. Reported with amendments. HOUSE BILL NO. 1128— BY REPRESENTATIVE HUNTER AN ACT HOUSE BILL NO. 111— BY REPRESENTATIVE GUILLORY To amend and reenact Code of Civil Procedure Article 4843(D) and AN ACT (E)(2), relative to the civil jurisdiction of the City Court of To enact R.S. 14:72.3, relative to identification of an alleged Monroe; to increase the jurisdictional amount of the court; and offender; to provide that a victim of a crime involving theft of to provide for related matters. identity or personal information can obtain the identity of an alleged offender who is arrested for certain crimes; and to Reported favorably. provide for related matters. HOUSE BILL NO. 1776— BY REPRESENTATIVES MONTGOMERY AND L. JACKSON Reported favorably. AN ACT To amend and reenact R.S. 27:392(B)(2)(b), (3)(a), (b), and (c)(i), HOUSE BILL NO. 115— BY REPRESENTATIVE MARTINY (4), and (5), relative to the distribution of revenues derived AN ACT under the Pari-mutuel Live Racing Facility Economic To amend and reenact Code of Criminal Procedure Article Redevelopment and Gaming Control Act; to change the 871(B)(1)(a) and (2)(introductory paragraph), relative to dedication of certain monies derived from the conduct of slot criminal records; to provide that the sheriff shall attach, rather machine gaming in Bossier Parish; to make certain technical than affix, the fingerprints of each defendant convicted of a corrections; to provide for an effective date; and to provide for felony or of certain misdemeanors to the bill of indictment or related matters. information which resulted in the conviction; and to provide for related matters. Page 52 SENATE 29th DAY'S PROCEEDINGS May 27, 2003

Reported favorably. Reported favorably. HOUSE BILL NO. 116— HOUSE BILL NO. 1118— BY REPRESENTATIVE MARTINY BY REPRESENTATIVES TOOMY AND BRUCE AN ACT AN ACT To amend and reenact R.S. 40:2616(A)(2), relative to the allocation To enact R.S. 15:85.1, relative to original bonds; to provide for a fee of forfeited property; to delete the requirement that motor to be assessed in connection with certain criminal bonds posted; vehicles seized by law enforcement agencies and used in the to provide for the collection of the fees; to provide for the course and scope of undercover surveillance and investigation distribution of the fee proceeds; to provide for the creation of a of violations of the Uniform Controlled Dangerous Substances crime lab committee in each parish and to provide for its Law be sold after six months; and to provide for related matters. membership and duties; to provide for criteria in determining which persons may petition the court for a waiver of the fees; to Reported favorably. provide for refunds of the fees; and to provide for related matters. HOUSE BILL NO. 181— BY REPRESENTATIVE FLAVIN Reported with amendments. AN ACT To enact R.S. 45:163(C)(5) through (8), relative to the enforcement HOUSE BILL NO. 1460— agents of the Public Service Commission; to provide that those BY REPRESENTATIVES TOOMY, CAPELLA, R. CARTER, DARTEZ, enforcement agents shall be commissioned law enforcement FAUCHEUX, GALLOT, HEATON, M. JACKSON, AND WELCH officers; to provide for the powers of those enforcement agents, AN ACT including the authority to carry weapons; to provide for the To amend and reenact R.S. 26:932(5) and (7), 933(B)(introductory qualifications of those enforcement agents; to provide for the paragraph) and (C)(7), 934(5), 935(A), (B)(1)(a) and (2), and training of those enforcement agents; and to provide for related (C), and 939 and to enact R.S. 26:932(8) and (9), relative to the matters. Responsible Vendor Program; to include the serving or selling of tobacco products in the program; to include holders of Retail Reported favorably. Dealer Registration Certificates and Retail Dealer Permits in the program; to provide for definitions; to provide for suspension or HOUSE BILL NO. 221— revocation of a server's permit for selling or serving tobacco BY REPRESENTATIVE FARRAR products to an underage person; to provide for exceptions to the AN ACT suspension or revocation of a vendor's permit; and to provide for To enact Code of Criminal Procedure Article 885.1, relative to related matters. criminal penalties; to provide relative to the suspension of a driver's license for failing to pay fines assessed as a criminal Reported favorably. penalty within a certain period of time; to provide for the issuance of a temporary permit; to provide for notice; to provide HOUSE BILL NO. 1640— for the duration of the suspension; and to provide for related BY REPRESENTATIVES TOOMY AND FAUCHEUX matters. AN ACT To amend and reenact R.S. 32:57.1(B) and to enact R.S. 32:57.2, Reported with amendments. relative to suspended driver's license; to provide for the reinstatement penalty of an operator's license when an arrested HOUSE BILL NO. 877— person fails to honor a written promise to appear in court; to BY REPRESENTATIVE TOOMY provide for an additional fee to be paid to the office of the AN ACT prosecuting authority for certain expenses relative to the To amend and reenact R.S. 16:15(C) and (F), relative to fees a district suspended driver's license; and to provide for related matters. attorney may charge for collection on worthless or forged checks, drafts, or orders; to increase the fees based on the Reported favorably. amount of the worthless or forged check, draft, or order; to Respectfully submitted, increase the fee the district attorney is required to charge on ARTHUR J. "ART" LENTINI behalf of the person or entity that honored the worthless or Chairman forged check, draft, or order; and to provide for related matters. REPORT OF COMMITTEE ON Reported favorably. ENVIRONMENTAL QUALITY HOUSE BILL NO. 1011— BY REPRESENTATIVE DEVILLIER Senator Cain, Chairman on behalf of the Committee on AN ACT Environmental Quality, submitted the following report: To enact R.S. 40:1002, relative to controlled dangerous substances; to create the crime of the creation or operation of a clandestine May 27, 2003 laboratory for the unlawful manufacture of a controlled dangerous substance; to provide for penalties; and to provide for To the President and Members of the Senate: related matters. I am directed by your Committee on Environmental Quality to Reported with amendments. submit the following report: HOUSE BILL NO. 1093— BY REPRESENTATIVES TOOMY AND WELCH SENATE BILL NO. 757— BY SENATOR HOYT AN ACT AN ACT To amend and reenact R.S. 33:1421(A)(1), relative to the To enact R.S. 40:1154(C) and (D), relative to public health; to compensation of sheriffs in parishes with a population of four require the issuance of licenses for the installation of certain hundred thousand or less; to provide for certain salary increases; sewage treatment systems; to require the issuance of licenses for and to provide for related matters. the maintenance of certain sewage treatment systems; to provide 29th DAY'S PROCEEDINGS Page 53 SENATE May 27, 2003

for certain materials to be filed with the department by HOUSE BILL NO. 982— manufacturers of certain sewage treatment systems; and to BY REPRESENTATIVES WELCH, L. JACKSON, AND M. JACKSON provide for related matters. AN ACT To amend and reenact R.S. 37:2401(1)(b) and 2410(A) and to enact Reported with amendments. R.S. 37:2410(D), (E), (F), and (G) and 2422, relative to the practice of physical therapy; to provide for referrals from HOUSE CONCURRENT RESOLUTION NO. 80— chiropractors; and to provide for related matters. BY REPRESENTATIVE FAUCHEUX A CONCURRENT RESOLUTION Floor Amendments Sent Up To memorialize the U.S. Coast Guard, Eighth Coast Guard District, to coordinate with the Louisiana oil spill coordinator's office Senator B. Jones sent up floor amendments which were read. efforts to prevent dumping of materials from vessels in state coastal waters. SENATE FLOOR AMENDMENTS Reported favorably. Conforming Amendments proposed by Senator B. Jones to Reengrossed House Bill No. 982 by Representative Welch (Duplicate HOUSE BILL NO. 522— of Senate Bill No. 793) BY REPRESENTATIVES JANE SMITH, DAMICO, MONTGOMERY, PEYCHAUD, WADDELL, AND WOOTON AN ACT AMENDMENT NO. 1 To amend and reenact R.S. 30:2418(I) and to enact R.S. On page 3, line 14, immediately after “plan of care” delete the 30:2418(M)(3), relative to the disposal of waste tires; to provide remainder of the line in its entirety. for fees collected on new tires; to provide for criminal penalties for fraudulent violations of the Waste Tire Program; and to On motion of Senator B. Jones, the amendments were adopted. provide for related matters. Under the provisions of Joint Rule No. 5, the amended bill, Reported with amendments. which is a duplicate of Senate Bill No. 793, was read by title and referred to the Legislative Bureau. HOUSE BILL NO. 807— BY REPRESENTATIVES DURAND AND DAMICO Privilege Report of the Committee on AN ACT Senate and Governmental Affairs To amend and reenact R.S. 30:2374(B)(1), relative to the Hazardous Materials Information Development, Preparedness and Response Act; extends period for collection of certain fees; and to provide ENROLLMENTS for related matters. Senator Ullo, Chairman on behalf of the Committee on Senate Reported favorably. and Governmental Affairs, submitted the following report: HOUSE BILL NO. 886— May 27, 2003 BY REPRESENTATIVE DAMICO AN ACT To the President and Members of the Senate: To enact R.S. 30:2066, relative to fees paid to the Department of Environmental Quality; to authorize fees paid by major sources I am directed by your Committee on Senate and Governmental of air contaminants in severe and extreme ozone nonattainment Affairs to submit the following report: zones; to provide for the annual adjustment of such fees; to provide for definitions; to provide for exceptions; and to provide The following Senate Concurrent Resolutions have been for related matters. properly enrolled: Reported favorably. SENATE CONCURRENT RESOLUTION NO. 15— BY SENATORS GAUTREAUX, LAMBERT AND MCPHERSON AND HOUSE BILL NO. 1334— REPRESENTATIVE MURRAY BY REPRESENTATIVE BEARD A CONCURRENT RESOLUTION AN ACT To re-create and continue a study commission to coordinate state To enact R.S. 30:2074(B)(9), relative to water quality; to provide for policy options to mitigate the projected impact of global changes an effluent reduction credit banking system; to provide for rules in climate as they relate to Louisiana business, wetlands, and regulations; and to provide for related matters. agricultural activities, economy, and environment. Reported with amendments. SENATE CONCURRENT RESOLUTION NO. 51— Respectfully submitted, BY SENATOR CHAISSON JAMES DAVID CAIN A CONCURRENT RESOLUTION Chairman To urge and request the Department of Transportation and Development to study re-routing truck traffic from Jackson Rules Suspended Street in the city of Thibodaux. SENATE CONCURRENT RESOLUTION NO. 63— Senator B. Jones asked for and obtained a suspension of the BY SENATOR MOUNT rules for the purpose of recalling House Bill No. 982 from the A CONCURRENT RESOLUTION Committee on Health and Welfare. To create and provide with respect to a task force to study common driver distractions, including communications technology and nontechnological activities, and submit recommendations to the legislature. Page 54 SENATE 29th DAY'S PROCEEDINGS May 27, 2003

SENATE CONCURRENT RESOLUTION NO. 76— BY SENATOR FIELDS A CONCURRENT RESOLUTION To urge and request the Department of Transportation and Development and its secretary to work with the contractor in order to expedite the completion of the existing street projects on the campus of Southern University and Agricultural and Mechanical College in Baton Rouge on or before August 15, 2003. SENATE CONCURRENT RESOLUTION NO. 82— BY SENATOR SMITH A CONCURRENT RESOLUTION To urge and request the Louisiana Judicial College to institute mandatory continuing legal education for judges on the family law topics of child custody and child support guidelines. SENATE CONCURRENT RESOLUTION NO. 96— BY SENATOR HINES A CONCURRENT RESOLUTION To commend the student members and faculty advisors and sponsors of the Louisiana State University at Eunice Students in Free Enterprise Team. SENATE CONCURRENT RESOLUTION NO. 97— BY SENATOR HOYT A CONCURRENT RESOLUTION To proclaim May 21, 2003, as "Louisiana Chemical Industry Good Neighbor Day." Respectfully submitted, CHRIS ULLO Chairman The foregoing Senate Concurrent Resolutions were signed by the President of the Senate. Leaves of Absence The following leaves of absence were asked for and granted: Bean 1 Day Thomas 1 Day Adjournment Senator Lambert moved that the Senate adjourn until Wednesday, May 28, 2003, at 3:00 o'clock P.M. The President of the Senate declared the Senate adjourned until 3:00 o'clock P.M. on Wednesday, May 28, 2003. MICHAEL S. BAER, III Secretary of the Senate GAYE F. HAMILTON Journal Clerk