OFFICIAL JOURNAL HOUSE BILL NO. 266— BY REPRESENTATIVES MILLS, BOBBY BADON, BARRAS, OF THE CHAMPAGNE, GEYMANN, GISCLAIR, MICKEY GUILLORY, HARDY, HARRISON, SAM JONES, LEBAS, MONTOUCET, PERRY, RICHARD, ROBIDEAUX, ST. GERMAIN, TRAHAN, AND WOOTON AND SENATE SENATORS HEBERT AND LAFLEUR OF THE AN ACT To enact R.S. 56:578.14, relative to crawfish and shrimp; to provide STATE OF LOUISIANA for notice of foreign or domestic crawfish or shrimp in certain ______situations; to provide for penalties; and to provide for related matters. THIRTY-SEVENTH______DAY'S PROCEEDINGS Thirty-Fourth Regular Session of the Legislature Reported without amendments. Under the Adoption of the Constitution of 1974 HOUSE BILL NO. 699— BY REPRESENTATIVE ST. GERMAIN AND SENATOR DUPRE ______AN ACT Senate Chamber To enact Subpart B-2 of Part II of Chapter 1 of Title 56 of the State Capitol Louisiana Revised Statutes of 1950, to be comprised of R.S. Baton Rouge, Louisiana 56:69.21 through 69.31, relative to the Wildlife Violator Tuesday, June 3, 2008 Compact; to provide for findings; to provide for definitions; to provide issuing citations to a resident of a participating state; to The Senate was called to order at 2:15 o'clock P.M., by Hon. provide for home state procedures; to provide for a compact Joel T. Chaisson II, President of the Senate. administrator; to provide for entering, amending, and withdrawal of compact; to provide for severability; and to Morning Hour provide for related matters. Reported without amendments. CONVENING ROLL CALL HOUSE BILL NO. 798— The roll being called, the following members answered to their BY REPRESENTATIVES HUTTER AND BALDONE names: AN ACT To repeal Louisiana Administrative Code 76.V.501(B)(1) and (3)(b), PRESENT relative to oyster leases and to provide for a process for lifting of the moratorium on new oyster leases. Mr. President Donahue Morrish Adley Dorsey Murray Reported without amendments. Alario Gautreaux B Riser Amedee Hebert Shaw HOUSE BILL NO. 1328— Broome Heitmeier Smith BY REPRESENTATIVES MILLS, BOBBY BADON, GISCLAIR, AND HARRISON Cheek LaFleur Thompson AN ACT Cravins Long To amend and reenact R.S. 30:83(F)(6), 84(A)(1) and (2), and 86(A) Crowe Martiny and to enact R.S. 30:83(I), relative to the Oilfield Site Total - 22 Restoration Law; to provide for the duties and powers of the ABSENT Oilfield Site Restoration Commission and the secretary of the Department of Natural Resources; and to provide for related Cassidy Jackson Nevers matters. Duplessis Kostelka Quinn Dupre Marionneaux Shepherd Reported without amendments. Erdey McPherson Walsworth Gautreaux N Michot Respectfully submitted, Gray Mount ROB MARIONNEAUX Total - 16 Chairman The President of the Senate announced there were 22 Senators present and a quorum. Adoption of Legislative Bureau Report On motion of Senator Marionneaux, the Bills were read by title Prayer and passed to a third reading. The prayer was offered by Pastor Brian Doré, following which the Senate joined in pledging allegiance to the flag of the United Rules Suspended States of America. Senator B. Gautreaux asked for and obtained a suspension of the rules for the purpose of allowing the Committee on Judiciary A to Reading of the Journal continue to meet while the Senate is in Session. On motion of Senator Long, the reading of the Journal was dispensed with and the Journal of June 2, 2008, was adopted. Introduction of Senate Resolutions Senator B. Gautreaux asked for and obtained a suspension of the Privilege Report of the rules for the purpose of introducing and reading the following Senate Legislative Bureau Resolutions a first and second time and acting upon them as follows: June 3, 2008 SENATE RESOLUTION NO. 108— BY SENATOR MARIONNEAUX To the President and Members of the Senate: A RESOLUTION To express the sincere and heartfelt condolences of the Senate of the I am directed by your Legislative Bureau to submit the Legislature of Louisiana to the family of Louisiana Army following report: National Guard Sergeant Brandon Boudreaux upon his death on active duty. The following bills are approved as to construction and duplication. The resolution was read by title; lies over under the rules.

1093 Page 2 SENATE 37th DAY'S PROCEEDINGS June 3, 2008

SENATE RESOLUTION NO. 109— HOUSE BILL NO. 1235— BY SENATOR MARIONNEAUX BY REPRESENTATIVES LEGER AND MORRELL A RESOLUTION AN ACT To express the sincere and heartfelt condolences of the Senate of the To amend and reenact R.S. 33:4096(A)(3), relative to the Sewerage Legislature of Louisiana to the family of United States Army and Water Board of New Orleans; to provide relative to water Sergeant Terrell W. Gilmore upon his death in combat in service provided by the board; to authorize the board to Operation Iraqi Freedom. terminate water service in certain circumstances; to provide for the removal of water equipment from the premises of a water The resolution was read by title; lies over under the rules. consumer; to provide relative to board charges for water service after termination; and to provide for related matters. Messages from the House HOUSE BILL NO. 1384— (Substitute for House Bill No. 1268 The following Messages from the House were received and read by Representative Marchand) BY REPRESENTATIVE MARCHAND as follows: AN ACT To amend and reenact R.S. 37:1271 and to enact R.S. 37:1262(4) and Message from the House 1276.1, relative to the practice of telemedicine; to require a license to practice telemedicine; to make certain requirements ASKING CONCURRENCE IN of persons practicing telemedicine; to provide for a definition of HOUSE BILLS AND JOINT RESOLUTIONS telemedicine; to require the Louisiana State Board of Medical Examiners to issue a license to practice telemedicine to certain June 2, 2008 physicians; to require the promulgation of rules; and to provide for related matters. To the Honorable President and Members of the Senate: HOUSE BILL NO. 1011— I am directed to inform your honorable body that the House of BY REPRESENTATIVE LAFONTA Representatives has finally passed and asks your concurrence in the AN ACT following House Bills and Joint Resolutions: To enact R.S. 18:177.1, relative to registration of voters; to require the Department of Public Safety and Corrections to provide HOUSE BILL NO. 159— certain information concerning registration and reinstatement to BY REPRESENTATIVE BOBBY BADON certain persons; to require the Department of Public Safety and AN ACT Corrections to provide certain persons with voter registration To amend and reenact R.S. 11:2260(A)(11)(g), relative to the applications; and to provide for related matters. Firefighters' Retirement System and the Firemen's Pension and Relief Fund for the city of Lafayette; to provide relative to HOUSE BILL NO. 326— mergers between those systems; to provide relative to benefits BY REPRESENTATIVE ARNOLD and cost-of-living adjustments of individuals who have been AN ACT merged into the Firefighters' Retirement System; to provide for To amend and reenact R.S. 9:2447, 3410, and 3432(C), R.S. remedies relative to the rights and benefits accruing to such 12:23(G)(2)(b), 171(A)(introductory paragraph) and (B), individuals by virtue of such merger; and to provide for related 205.1(B), 263(A)(introductory paragraph) and (B), matters. 316(A)(introductory paragraph) and (B), 419(A), 469, and 1364, R.S. 14:325(A), R.S. 49:222, and R.S. 51:214(D) and (E), HOUSE BILL NO. 1068— 216(A)(1), and 217(B), relative to fees charged by the secretary BY REPRESENTATIVE KLECKLEY of state; to provide relative to the authority of the secretary of AN ACT state to determine and to collect certain fees; to provide for To amend and reenact R.S. 11:441(A) and 544(B)(3), (D), and (E), certain fees charged by the secretary of state; and to provide for and to enact R.S. 11:544(F), relative to certain enforcement related matters. personnel within the office of alcohol and tobacco control, Department of Revenue, who are members of the Louisiana HOUSE BILL NO. 726— State Employees' Retirement System; to provide for retirement BY REPRESENTATIVES HARDY, ABRAMSON, ARMES, AUBERT, eligibility; to provide relative to the deposit of monies in the AUSTIN BADON, BALDONE, BARROW, BURRELL, CHAMPAGNE, CORTEZ, DIXON, FRANKLIN, GISCLAIR, HINES, HONEY, GIROD Department of Revenue Alcohol and Tobacco Control Officers JACKSON, LAFONTA, LEGER, MARCHAND, MILLS, MONTOUCET, Fund; to provide for the abolition of such fund; to provide an MORRELL, NORTON, RITCHIE, ROBIDEAUX, PATRICIA SMITH, AND effective date; and to provide for related matters. TRAHAN AN ACT HOUSE BILL NO. 1259— To enact R.S. 14:40.5, relative to the public display of a noose for the BY REPRESENTATIVE EDWARDS purpose of intimidation; to create the crime of public display of AN ACT a noose with the intent to intimidate; to provide for penalties; To enact R.S. 44:9 (A)(4) and (K), relative to expungement of arrest and to provide for related matters. records in misdemeanor and felony cases; to provide that no fee shall be charged if the case was never prosecuted or if there was HOUSE BILL NO. 936— an acquittal; to require the expungement fees to be imposed in BY REPRESENTATIVE LEGER all other cases; to authorize the sheriff to charge a processing fee AN ACT for expungement of arrest records when ordered to do so by a To amend and reenact R.S. 39:1311(D) and to enact R.S. 39:1305(F), court; and to provide for related matters. relative to the Louisiana Local Government Budget Act; to provide for inclusion of certain judgments and settlement HOUSE BILL NO. 1382— (Substitute for House Bill No. 409 by agreements as expenditures in budgets of certain municipalities; Representative Arnold) to provide for escrowing of revenue sharing funds when such BY REPRESENTATIVE ARNOLD judgments and agreements constitute more than a certain portion AN ACT of total expenditures; to provide relative to the payment of To amend and reenact R.S. 40:1749.14(A) and to enact R.S. judgments and agreements; to provide relative to borrowing by 40:1749.12(14), relative to markings on underground utilities certain municipalities for capital purposes; and to provide for and facilities; to provide for guidelines for centers that locate related matters. and mark underground facilities or utilities; and to provide for related matters.

1094 37th DAY'S PROCEEDINGS Page 3 SENATE June 3, 2008

HOUSE BILL NO. 1077— HOUSE BILL NO. 1278— BY REPRESENTATIVE ROBIDEAUX BY REPRESENTATIVE WADDELL AN ACT AN ACT To enact R.S. 11:620, relative to the Louisiana State Employees' To enact R.S. 17:3048.1(B)(4), relative to eligible schools for use of Retirement System; to provide for the transfer of service for a TOPS-Tech Award pursuant to the Tuition Opportunity members of existing hazardous duty plans to the Hazardous Program for Students; to include certain schools having a valid Duty Services Plan; to provide for the transfer of membership and current certificate of registration issued by the State Board thereto; to provide for the purchase of an actuarial upgrade of of Cosmetology and proprietary schools having a valid and service credit; and to provide for related matters. current license issued by the Board of Regents; to provide conditions; to provide relative to award amounts at such schools; HOUSE BILL NO. 1084— to provide limitations; to provide effectiveness; to provide an BY REPRESENTATIVE ROBIDEAUX effective date; and to provide for related matters. AN ACT To enact R.S. 11:62(5)(g) and (h) and 444(A)(2)(d) and Subpart D of HOUSE BILL NO. 1297— Part VII of Chapter 1 of Subtitle II of Title 11 of the Louisiana BY REPRESENTATIVES BARROW AND ELBERT GUILLORY Revised Statutes of 1950, to be comprised of R.S. 11:611 AN ACT through 619, relative to the Louisiana State Employees' To enact R.S. 33:1236.28, relative to buildings and structures that Retirement System; to provide relative to certain enforcement endanger the public health and welfare; to authorize parish and personnel who are members of such system; to provide for municipal ordinances, rules, and regulations to require securing calculation of benefits; to provide for contributions; to provide or condemnation and demolition or removal or both of such for an effective date; to provide for the creation of a Hazardous structures and maintenance of property; to provide for notice; to Duty Services Plan; to provide for the employee contribution provide for costs and payment of costs and procedures therefor; rate, eligibility, calculation of benefits, and certification for to authorize national guard assistance in removal and demolition members of the Hazardous Duty Services Plan; to provide for of structures under certain conditions; and to provide for related disability and survivors benefits; to provide for an effective date; matters. and to provide for related matters. HOUSE BILL NO. 1331— HOUSE BILL NO. 1135— BY REPRESENTATIVE PATRICIA SMITH BY REPRESENTATIVES ST. GERMAIN, ANDERS, BOBBY BADON, AN ACT BARRAS, CHAMPAGNE, CORTEZ, ELBERT GUILLORY, MICKEY To amend and reenact R.S. 17:233(B)(1) and R.S. GUILLORY, GUINN, HARRISON, HENDERSON, SAM JONES, LAMBERT, LEBAS, LEGER, MILLS, MONTOUCET, MORRIS, PERRY, RITCHIE, 32:431(B)(1)(introductory paragraph) and (2), ROBIDEAUX, AND WHITE AND SENATORS AMEDEE, CRAVINS, B. (C)(1)(a)(introductory paragraph), (D), (E), and (F) and to enact GAUTREAUX, HEBERT, MARIONNEAUX, AND MICHOT R.S. 17:233(C) and (D) and R.S. 32:431(B)(3), relative to AN ACT school attendance; to provide for the suspension of the driver's To amend and reenact R.S. 30:2000.2, 2000.4(A)(5)(introductory licenses of certain truant students; to require notification to the paragraph) and (B)(4), (6), (7), and (9), 2000.5, 2000.8(C), and office of motor vehicles relative thereto; to provide for 2000.9(C), to enact R.S. 30:2000.4(A)(1.1) and (B)(11), reinstatement of such driver's licenses; to provide for a hearing 2000.11, and 2000.12, and to repeal R.S. 30:2000.4(B)(8) and process and hardship cases; to prohibit employment certificates 2000.10, relative to the Atchafalaya Basin program; to provide from being issued to certain truant students; to provide for the for an annual plan to be submitted to the legislature; to provide revocation of employment certificates previously issued to relative to the duties of the secretary of the Department of certain truant students; and to provide for related matters. Natural Resources; to provide for the duties of the Atchafalaya Basin Research and Promotion Board; to provide for the duties HOUSE BILL NO. 1383— (Substitute for House Bill No. 1281 of the Atchafalaya Basin Advisory Committee; to create the by Representative Wooton) technical advisory group and provide for its chair and BY REPRESENTATIVE WOOTON AND SENATOR DUPRE responsibilities; to provide relative to an annual plan; to create AN ACT the Atchafalaya Basin Conservation Fund; to provide for To enact R.S. 36:610(L) and R.S. 56:433.1, relative to taking oysters revenues and expenditures for the fund; and to provide for from the public seed grounds; to provide for an oyster seed related matters. ground vessel permit; to provide for eligibility for such permit; to provide for the terms and conditions of such permit; to HOUSE BILL NO. 1232— establish the Oyster Seed Ground Vessel Permit Appeals Board; BY REPRESENTATIVE RICHARD and to provide for related matters. AN ACT To amend and reenact R.S. 44:4.1(B)(29) and R.S. 47:2106, relative Respectfully submitted, to the postponement of the payment of ad valorem taxes; to ALFRED W. SPEER provide for an exception to the laws relative to public records; Clerk of the House of Representatives to provide for the postponement of the payment of ad valorem taxes; to provide for definitions; to provide conditions and House Bills and Joint Resolutions requirements under which postponement may be permitted; to provide for the application and reapplication process and to Senator B. Gautreaux asked for and obtained a suspension of the provide forms; to provide time limits; to provide for notification rules to take up at this time the following House Bills and Joint to political subdivisions; to provide for an objection to Resolutions just received from the House which were taken up, read postponement and a review process; to provide for an effective a first and second time by their titles and acted upon as follows: date; to provide for notice to the tax debtor of the right to have the payment of ad valorem taxes postponed; to provide for the HOUSE BILL NO. 159— payment of the postponed taxes in installments; to provide for BY REPRESENTATIVE BOBBY BADON a tax sale if an installment is not timely paid; to provide for the AN ACT tax collector to compile a list of all persons whose taxes were To amend and reenact R.S. 11:2260(A)(11)(g), relative to the postponed; to provide for the remission of the postponed taxes; Firefighters' Retirement System and the Firemen's Pension and and to provide for related matters. Relief Fund for the city of Lafayette; to provide relative to mergers between those systems; to provide relative to benefits and cost-of-living adjustments of individuals who have been merged into the Firefighters' Retirement System; to provide for

1095 Page 4 SENATE 37th DAY'S PROCEEDINGS June 3, 2008

remedies relative to the rights and benefits accruing to such State Employees' Retirement System; to provide for retirement individuals by virtue of such merger; and to provide for related eligibility; to provide relative to the deposit of monies in the matters. Department of Revenue Alcohol and Tobacco Control Officers Fund; to provide for the abolition of such fund; to provide an The bill was read by title and referred by the President to the effective date; and to provide for related matters. Committee on Retirement. The bill was read by title and referred by the President to the HOUSE BILL NO. 326— Committee on Retirement. BY REPRESENTATIVE ARNOLD AN ACT HOUSE BILL NO. 1077— To amend and reenact R.S. 9:2447, 3410, and 3432(C), R.S. BY REPRESENTATIVE ROBIDEAUX 12:23(G)(2)(b), 171(A)(introductory paragraph) and (B), AN ACT 205.1(B), 263(A)(introductory paragraph) and (B), To enact R.S. 11:620, relative to the Louisiana State Employees' 316(A)(introductory paragraph) and (B), 419(A), 469, and 1364, Retirement System; to provide for the transfer of service for R.S. 14:325(A), R.S. 49:222, and R.S. 51:214(D) and (E), members of existing hazardous duty plans to the Hazardous 216(A)(1), and 217(B), relative to fees charged by the secretary Duty Services Plan; to provide for the transfer of membership of state; to provide relative to the authority of the secretary of thereto; to provide for the purchase of an actuarial upgrade of state to determine and to collect certain fees; to provide for service credit; and to provide for related matters. certain fees charged by the secretary of state; and to provide for related matters. The bill was read by title and referred by the President to the Committee on Retirement. The bill was read by title and referred by the President to the Committee on Senate and Governmental Affairs. HOUSE BILL NO. 1084— BY REPRESENTATIVE ROBIDEAUX HOUSE BILL NO. 726— AN ACT BY REPRESENTATIVES HARDY, ABRAMSON, ARMES, AUBERT, To enact R.S. 11:62(5)(g) and (h) and 444(A)(2)(d) and Subpart D of AUSTIN BADON, BALDONE, BARROW, BURRELL, CHAMPAGNE, Part VII of Chapter 1 of Subtitle II of Title 11 of the Louisiana CORTEZ, DIXON, FRANKLIN, GISCLAIR, HINES, HONEY, GIROD JACKSON, LAFONTA, LEGER, MARCHAND, MILLS, MONTOUCET, Revised Statutes of 1950, to be comprised of R.S. 11:611 MORRELL, NORTON, RITCHIE, ROBIDEAUX, PATRICIA SMITH, AND through 619, relative to the Louisiana State Employees' TRAHAN Retirement System; to provide relative to certain enforcement AN ACT personnel who are members of such system; to provide for To enact R.S. 14:40.5, relative to the public display of a noose for the calculation of benefits; to provide for contributions; to provide purpose of intimidation; to create the crime of public display of for an effective date; to provide for the creation of a Hazardous a noose with the intent to intimidate; to provide for penalties; Duty Services Plan; to provide for the employee contribution and to provide for related matters. rate, eligibility, calculation of benefits, and certification for members of the Hazardous Duty Services Plan; to provide for The bill was read by title and referred by the President to the disability and survivors benefits; to provide for an effective date; Committee on Judiciary C. and to provide for related matters. HOUSE BILL NO. 936— The bill was read by title and referred by the President to the BY REPRESENTATIVE LEGER Committee on Retirement. AN ACT To amend and reenact R.S. 39:1311(D) and to enact R.S. 39:1305(F), HOUSE BILL NO. 1135— relative to the Louisiana Local Government Budget Act; to BY REPRESENTATIVES ST. GERMAIN, ANDERS, BOBBY BADON, provide for inclusion of certain judgments and settlement BARRAS, CHAMPAGNE, CORTEZ, ELBERT GUILLORY, MICKEY agreements as expenditures in budgets of certain municipalities; GUILLORY, GUINN, HARRISON, HENDERSON, SAM JONES, LAMBERT, LEBAS, LEGER, MILLS, MONTOUCET, MORRIS, PERRY, RITCHIE, to provide for escrowing of revenue sharing funds when such ROBIDEAUX, AND WHITE AND SENATORS AMEDEE, CRAVINS, B. judgments and agreements constitute more than a certain portion GAUTREAUX, HEBERT, MARIONNEAUX, AND MICHOT of total expenditures; to provide relative to the payment of AN ACT judgments and agreements; to provide relative to borrowing by To amend and reenact R.S. 30:2000.2, 2000.4(A)(5)(introductory certain municipalities for capital purposes; and to provide for paragraph) and (B)(4), (6), (7), and (9), 2000.5, 2000.8(C), and related matters. 2000.9(C), to enact R.S. 30:2000.4(A)(1.1) and (B)(11), 2000.11, and 2000.12, and to repeal R.S. 30:2000.4(B)(8) and The bill was read by title and referred by the President to the 2000.10, relative to the Atchafalaya Basin program; to provide Committee on Local and Municipal Affairs. for an annual plan to be submitted to the legislature; to provide relative to the duties of the secretary of the Department of HOUSE BILL NO. 1011— Natural Resources; to provide for the duties of the Atchafalaya BY REPRESENTATIVE LAFONTA Basin Research and Promotion Board; to provide for the duties AN ACT of the Atchafalaya Basin Advisory Committee; to create the To enact R.S. 18:177.1, relative to registration of voters; to require technical advisory group and provide for its chair and the Department of Public Safety and Corrections to provide responsibilities; to provide relative to an annual plan; to create certain information concerning registration and reinstatement to the Atchafalaya Basin Conservation Fund; to provide for certain persons; to require the Department of Public Safety and revenues and expenditures for the fund; and to provide for Corrections to provide certain persons with voter registration related matters. applications; and to provide for related matters. The bill was read by title and referred by the President to the The bill was read by title and referred by the President to the Committee on Finance. Committee on Senate and Governmental Affairs. HOUSE BILL NO. 1232— HOUSE BILL NO. 1068— BY REPRESENTATIVE RICHARD BY REPRESENTATIVE KLECKLEY AN ACT AN ACT To amend and reenact R.S. 44:4.1(B)(29) and R.S. 47:2106, relative To amend and reenact R.S. 11:441(A) and 544(B)(3), (D), and (E), to the postponement of the payment of ad valorem taxes; to and to enact R.S. 11:544(F), relative to certain enforcement provide for an exception to the laws relative to public records; personnel within the office of alcohol and tobacco control, to provide for the postponement of the payment of ad valorem Department of Revenue, who are members of the Louisiana taxes; to provide for definitions; to provide conditions and

1096 37th DAY'S PROCEEDINGS Page 5 SENATE June 3, 2008

requirements under which postponement may be permitted; to to authorize national guard assistance in removal and demolition provide for the application and reapplication process and to of structures under certain conditions; and to provide for related provide forms; to provide time limits; to provide for notification matters. to political subdivisions; to provide for an objection to postponement and a review process; to provide for an effective The bill was read by title and referred by the President to the date; to provide for notice to the tax debtor of the right to have Committee on Local and Municipal Affairs. the payment of ad valorem taxes postponed; to provide for the payment of the postponed taxes in installments; to provide for HOUSE BILL NO. 1331— a tax sale if an installment is not timely paid; to provide for the BY REPRESENTATIVE PATRICIA SMITH tax collector to compile a list of all persons whose taxes were AN ACT postponed; to provide for the remission of the postponed taxes; To amend and reenact R.S. 17:233(B)(1) and R.S. and to provide for related matters. 32:431(B)(1)(introductory paragraph) and (2), (C)(1)(a)(introductory paragraph), (D), (E), and (F) and to enact The bill was read by title and referred by the President to the R.S. 17:233(C) and (D) and R.S. 32:431(B)(3), relative to Committee on Revenue and Fiscal Affairs. school attendance; to provide for the suspension of the driver's licenses of certain truant students; to require notification to the HOUSE BILL NO. 1235— office of motor vehicles relative thereto; to provide for BY REPRESENTATIVES LEGER AND MORRELL reinstatement of such driver's licenses; to provide for a hearing AN ACT process and hardship cases; to prohibit employment certificates To amend and reenact R.S. 33:4096(A)(3), relative to the Sewerage from being issued to certain truant students; to provide for the and Water Board of New Orleans; to provide relative to water revocation of employment certificates previously issued to service provided by the board; to authorize the board to certain truant students; and to provide for related matters. terminate water service in certain circumstances; to provide for the removal of water equipment from the premises of a water The bill was read by title and referred by the President to the consumer; to provide relative to board charges for water service Committee on Education. after termination; and to provide for related matters. HOUSE BILL NO. 1382— (Substitute for House Bill No. 409 by The bill was read by title and referred by the President to the Representative Arnold) Committee on Local and Municipal Affairs. BY REPRESENTATIVE ARNOLD AN ACT HOUSE BILL NO. 1259— To amend and reenact R.S. 40:1749.14(A) and to enact R.S. BY REPRESENTATIVE EDWARDS 40:1749.12(14), relative to markings on underground utilities AN ACT and facilities; to provide for guidelines for centers that locate To enact R.S. 44:9 (A)(4) and (K), relative to expungement of arrest and mark underground facilities or utilities; and to provide for records in misdemeanor and felony cases; to provide that no fee related matters. shall be charged if the case was never prosecuted or if there was an acquittal; to require the expungement fees to be imposed in The bill was read by title and referred by the President to the all other cases; to authorize the sheriff to charge a processing fee Committee on Commerce, Consumer Protection, and International for expungement of arrest records when ordered to do so by a Affairs. court; and to provide for related matters. HOUSE BILL NO. 1383— (Substitute for House Bill No. 1281 The bill was read by title and referred by the President to the by Representative Wooton) Committee on Judiciary C. BY REPRESENTATIVE WOOTON AND SENATOR DUPRE AN ACT HOUSE BILL NO. 1278— To enact R.S. 36:610(L) and R.S. 56:433.1, relative to taking oysters BY REPRESENTATIVE WADDELL from the public seed grounds; to provide for an oyster seed AN ACT ground vessel permit; to provide for eligibility for such permit; To enact R.S. 17:3048.1(B)(4), relative to eligible schools for use of to provide for the terms and conditions of such permit; to a TOPS-Tech Award pursuant to the Tuition Opportunity establish the Oyster Seed Ground Vessel Permit Appeals Board; Program for Students; to include certain schools having a valid and to provide for related matters. and current certificate of registration issued by the State Board of Cosmetology and proprietary schools having a valid and The bill was read by title and referred by the President to the current license issued by the Board of Regents; to provide Committee on Natural Resources. conditions; to provide relative to award amounts at such schools; to provide limitations; to provide effectiveness; to provide an HOUSE BILL NO. 1384— (Substitute for House Bill No. 1268 effective date; and to provide for related matters. by Representative Marchand) BY REPRESENTATIVE MARCHAND The bill was read by title and referred by the President to the AN ACT Committee on Education. To amend and reenact R.S. 37:1271 and to enact R.S. 37:1262(4) and 1276.1, relative to the practice of telemedicine; to require a HOUSE BILL NO. 1297— license to practice telemedicine; to make certain requirements BY REPRESENTATIVES BARROW AND ELBERT GUILLORY of persons practicing telemedicine; to provide for a definition of AN ACT telemedicine; to require the Louisiana State Board of Medical To enact R.S. 33:1236.28, relative to buildings and structures that Examiners to issue a license to practice telemedicine to certain endanger the public health and welfare; to authorize parish and physicians; to require the promulgation of rules; and to provide municipal ordinances, rules, and regulations to require securing for related matters. or condemnation and demolition or removal or both of such structures and maintenance of property; to provide for notice; to The bill was read by title and referred by the President to the provide for costs and payment of costs and procedures therefor; Committee on Health and Welfare.

1097 Page 6 SENATE 37th DAY'S PROCEEDINGS June 3, 2008

Reports of Committees HOUSE BILL NO. 1270— BY REPRESENTATIVES PERRY, BOBBY BADON, BALDONE, BILLIOT, HENRY BURNS, CHAMPAGNE, CHANEY, ELLINGTON, GISCLAIR, The following reports of committees were received and read: ELBERT GUILLORY, HARDY, HAZEL, HOFFMANN, HOWARD, JOHNSON, LEBAS, LITTLE, RICHARD, RICHMOND, GARY SMITH, REPORT OF COMMITTEE ON JANE SMITH, AND ST. GERMAIN AN ACT To amend and reenact R.S. 39:364(A)(1) and to enact R.S. AGRICULTURE, FORESTRY, 39:364(A)(4) and Chapter 23-B of Title 3 of the Louisiana AQUACULTURE, AND RURAL DEVELOPMENT Revised Statutes of 1950, to be comprised of R.S. 3:3761 through 3763, relative to the development of a biofuel industry Senator Francis C. Thompson, Chairman on behalf of the development initiative; to provide for pilot programs; to provide Committee on Agriculture, Forestry, Aquaculture, and Rural for state incentives; to provide for the purchase or lease of fleet Development, submitted the following report: vehicles; to provide for the purchase of biofuels; and to provide for related matters. June 3, 2008 Reported favorably. To the President and Members of the Senate: HOUSE BILL NO. 1355— (Substitute for House Bill No. 1045 I am directed by your Committee on Agriculture, Forestry, by Representative Ellington) Aquaculture, and Rural Development to submit the following report: BY REPRESENTATIVE ELLINGTON AN ACT HOUSE BILL NO. 1193— To amend and reenact R.S. 3:559.28 and to repeal R.S. 3:559.25(C), BY REPRESENTATIVE RITCHIE relative to the Aquatic Chelonian Research and Promotion AN ACT Board; to provide for the powers of the board; to provide for To amend and reenact R.S. 3:2772(B) and to enact R.S. 3:2772(G), deposit and disbursements of assessments into a special fund; (H), and (I), relative to kennel licenses for dog breeders; to and to provide for related matters. provide for license fees; to provide for penalties; and to provide for related matters. Reported with amendments. Reported with amendments. HOUSE BILL NO. 1376— (Substitute for House Bill No. 501 by Representative Mills) HOUSE BILL NO. 1253— BY REPRESENTATIVE MILLS AND SENATOR HEBERT BY REPRESENTATIVE SIMON AN ACT AN ACT To amend and reenact R.S. 3:556.1, relative to promotion and To amend and reenact R.S. 3:304, 496, 544(D), marketing of crawfish; to require cooperative effort by the 556.3(B)(introductory paragraph), 557.4(A), (C), and (D), Commissioner of Agriculture and the secretary of the 558.3(B), 561(3), 562, 563, 565, 567(E) and (F), 663(1) and (2), Department of Wildlife and Fisheries to promote Louisiana 665(A) and (B), 666(5), 671, 732(A), 742, wild-caught and farm-raised crawfish; and to provide for related 1204(A)(1)(a)(introductory paragraph) and (b), (2), and (3), (B), matters. (C), and (D)(5), (7), (8), (9), (10), and (12), 1205(A)(4), (B), (C), (D), (E), (F)(1) and (5), (G), (H), (I)(1), (2), (3), (4), (5), Reported favorably. and (7), (J), (K), and (L), 1206, 1207(B) and (G), 1311(2), 1312(A), 1432(A), 1891(5) and (13), 1892(A)(1), 1961, 1962, HOUSE BILL NO. 1381— (Substitute for House Bill No. 1194 1963, 1965, 1967, 1968, 1969, 1970, 2005, 2091(A), (B)(1), (7), by Representative Ritchie) and (9), and (L), 2093(introductory paragraph) and (8), 2094, BY REPRESENTATIVE RITCHIE 2095, 2096, 2097(A)(3), 2099, 2100(A), 2131, 2171, 2172, AN ACT 2173, 2174, 2175, 2176, 2177, 2178, 2180, 2181, 2182, 2183, To amend and reenact R.S. 44:4.1(B)(29) and to enact R.S. 2184, 2186, 2187, 2221(A) and (C), 2223, 2224, 2226, 2228, 47:1515.3, relative to cooperative agreements; to provide for a 2232, 2261, 2262, 2263, 2264, 2341, 2342, 2343, 2344, 2345, cooperative agreement between the Department of Agriculture 2346, 2347, 2358.1, 2358.3(8), 2358.4, 2358.5(introductory and Forestry and the Department of Revenue; to provide for paragraph) and (1), 2358.6, 2358.7(A) and (B), 2358.8(A), collection of delinquent timber severance taxes; and to provide 2358.9, 2358.10, 2358.11, 2358.12(B), (C), and (D), 2358.13(1), for related matters. (2), (3), (4), and (8), 2358.14(B), 2391, 2433, 2435, 2436, 2437, 2438, 2452(A), 2453(A), 2651, 2802(1), 2859(A), 3002(1), Reported favorably. 3106(A), 3112, 3202(8), 3362(3), 3363(A) and (B)(3), 3801(A)(1), (B), and (C)(4), (6), and (8), and 3807(B)(4), R.S. Respectfully submitted, 30:2011(D)(20), and R.S. 36:621(C)(1), 627(A) and (E), 628(A) FRANCIS C. THOMPSON and (B), 629(O), and 802.12 and to enact R.S. 3:1(4), 559.4(K), Chairman and 2091(B)(16) and (M), relative to the Department of Agriculture and Forestry; to provide for technical changes; to REPORT OF COMMITTEE ON provide for definitions; to provide for Louisiana Crawfish Promotion and Research Board; to provide for the Catfish JUDICIARY B Promotion and Research Program; to provide for a name change of the Louisiana State Livestock Sanitary Board; to provide for Senator Daniel R. Martiny, Chairman on behalf of the commission members; to provide for a name change of the Committee on Judiciary B, submitted the following report: assistant commissioner of the office of marketing; to provide for the Dairy Industry Promotion Board; to provide for Louisiana June 3, 2008 Aquaculture Development Act; to provide for the Livestock Brand Commission; to provide for the authority of the To the President and Members of the Senate: commissioner; to provide for the power to deal with contagious diseases of animals; to provide for a name change of the United I am directed by your Committee on Judiciary B to submit the States Bureau of Animal Industry; to provide for the name following report: change for pet turtles; and to provide for related matters. Reported with amendments.

1098 37th DAY'S PROCEEDINGS Page 7 SENATE June 3, 2008

HOUSE CONCURRENT RESOLUTION NO. 95— HOUSE BILL NO. 206— BY REPRESENTATIVE BURRELL BY REPRESENTATIVES WOOTON AND BALDONE A CONCURRENT RESOLUTION AN ACT To authorize and request the Department of Public Safety and To amend and reenact R.S. 15:561.5(14), relative to conditions of Corrections to study the feasibility and effectiveness of supervised release; to provide for the defraying of costs; to providing substance abuse counseling in all jails and prisons in provide which entity receives supervised release payments; and the state of Louisiana, and to report its findings to the House of to provide for related matters. Representatives prior to the convening of the 2009 Regular Session. Reported favorably. Reported with amendments. HOUSE BILL NO. 289— BY REPRESENTATIVE WOOTON HOUSE BILL NO. 120— AN ACT BY REPRESENTATIVE WOOTON To direct the Louisiana State Law Institute to redesignate the AN ACT provisions of R.S. 15:574.4(A)(2) regarding intensive To amend and reenact R.S. 15:833(A), (B)(1) and (3), and (C) and to incarceration and intensive parole supervision as R.S. enact R.S. 15:833(D) and 833.2, relative to the temporary 15:574.4.1. release of inmates; to provide for eligibility for temporary furlough; to provide for the release of inmates for medical care Reported favorably. under certain circumstances; to provide for temporary secured release of inmates; to provide for applicability; and to provide HOUSE BILL NO. 399— for related matters. BY REPRESENTATIVE WOOTON AN ACT Reported with amendments. To amend and reenact R.S. 40:1379.3(D)(1)(a), (b), (c), (e), and (g)(introductory paragraph) and (T)(2) and to enact R.S. HOUSE BILL NO. 123— 40:1379.3(J)(4) and (T)(3), relative to statewide permits for BY REPRESENTATIVES WOOTON AND BALDONE concealed handguns; to amend provisions regarding approved AN ACT firearms courses required to demonstrate competency; to To amend and reenact R.S. 15:574.12(G)(1)(a), relative to provide a time limit from completion of a course and submission information regarding offenders while incarcerated; to provide of an application for a concealed handgun permit; to provide for for the release of certain pieces of information to the public definitions; to provide with respect to reciprocity with other pertaining to an individual's activities while incarcerated; and to states; to provide regarding handgun competence and length of provide for related matters. time; and to provide for related matters. Reported favorably. Reported favorably. HOUSE BILL NO. 124— HOUSE BILL NO. 460— BY REPRESENTATIVES WOOTON AND BALDONE BY REPRESENTATIVE TUCKER AN ACT AN ACT To amend and reenact R.S. 14:134.1, relative to malfeasance in To amend and reenact R.S. 46:2751(B)(1)(introductory paragraph) office; to provide relative to prohibited sexual conduct between and (a) and to enact R.S. 46:2751(B)(1)(f), relative to the persons confined in correctional institutions and law Juvenile Justice Reform Act Implementation Commission; to enforcement officers; to expand the crime to include work- provide for the membership of the commission; and to provide release facilities and the division of probation and parole; to for related matters. make technical changes; to provide that the penalty provision provides that the sentence imposed be served at hard labor; and Reported favorably. to provide for related matters. HOUSE BILL NO. 492— Reported with amendments. BY REPRESENTATIVE RICHMOND AN ACT HOUSE BILL NO. 125— To amend and reenact R.S. 32:663, relative to toxicology BY REPRESENTATIVES ELBERT GUILLORY AND NORTON laboratories; to provide that certain professional organizations AN ACT may be considered for certification; to provide for termination To amend and reenact R.S. 15:874(5), relative to inmate of certification; and to provide for related matters. compensation accounts; to provide for the use of interest income earned from the investment of inmates' money; and to provide Reported favorably. for related matters. HOUSE BILL NO. 505— Reported favorably. BY REPRESENTATIVE WOOTON AN ACT HOUSE BILL NO. 127— To enact R.S. 11:608, relative to retired probation and parole BY REPRESENTATIVES WOOTON, BALDONE, AND ELBERT officers; to allow officers to purchase their firearms upon GUILLORY retirement; to provide for certain criteria; and to provide for AN ACT related matters. To amend and reenact R.S. 15:574.4(A)(2)(c)(ii), relative to eligibility for participation in intensive incarceration and Reported favorably. intensive parole supervision; to provide with respect to number of years an offender may be committed to the Department of HOUSE BILL NO. 531— Public Safety and Corrections and be eligible for intensive BY REPRESENTATIVE WOOTON incarceration and intensive parole supervision; and to provide AN ACT for related matters. To amend and reenact R.S. 15:574.9(G)(2)(a)(ii) and Code of Criminal Procedure Article 900(A)(6)(b)(i)(bb), relative to Reported favorably. probation and parole revocation; to amend the definition of a

1099 Page 8 SENATE 37th DAY'S PROCEEDINGS June 3, 2008

technical violation to include certain violations regarding within thirty days of occurrence; to require the posting of notice controlled dangerous substances and drug paraphernalia; and to to employees and their representatives; to provide for liability provide for related matters. and penalties; and to provide for related matters. Reported favorably. Reported with amendments by the Committee on Labor and Industrial Relations. HOUSE BILL NO. 748— BY REPRESENTATIVE WOOTON SENATE COMMITTEE AMENDMENTS AN ACT To amend and reenact R.S. 15:824(B)(1)(c)(introductory paragraph) Amendments proposed by Senate Committee on Labor and Industrial and 831(A) and to enact R.S. 15:705(E), relative to the health Relations to Original Senate Bill No. 276 by Senator Kostelka care of inmates; to provide that a parish governing authority or the Department of Public Safety and Corrections shall reimburse AMENDMENT NO. 1 health care providers for costs of extraordinary medical Change the name of the author to CASSIDY expenses of inmates at the published Medicare or Medicaid rate; and to provide for related matters. AMENDMENT NO. 2 On page 1, line 2 after "1203(B)" delete the remainder of the line and Reported favorably. insert "and R.S. 40:2203.1(A), (C), and (G) and to enact R.S. 23:1034.3 and R.S. 40:2203(H)" HOUSE BILL NO. 778— BY REPRESENTATIVE RICHMOND AN ACT AMENDMENT NO. 3 To amend and reenact Code of Criminal Procedure Article On page 1, line 3 delete "23:1308" 926.1(A)(1) and (H)(3), relative to post-conviction relief DNA testing; to extend the time period in which to file an application AMENDMENT NO. 4 for post-conviction DNA testing; to extend the time period for On page 1, delete lines 6 through 8 and insert the following: preservation of biological material which can be subject to DNA "agreements to employees; to provide for liability and penalties; to testing once application for DNA testing has been served; and provide for an effective date; and to" to provide for related matters. AMENDMENT NO. 5 On page 1 delete lines 11 and 12 and insert the following: "Section Reported favorably. 1. R.S. 23:1203(B) is hereby amended and reenacted and R.S. HOUSE BILL NO. 1152— 23:1034.3 is hereby enacted to read as follows:" BY REPRESENTATIVE RICHMOND AN ACT AMENDMENT NO. 6 To amend and reenact R.S. 16:51(A)(4), (8), (9), (14), (22), (32), and On page 1, between lines 12 and 13 insert the following: (41), relative to assistant district attorneys; to provide for "§1034.3. Workers' compensation medical service agreements additional assistant district attorneys for certain judicial districts; A. Workers' compensation medical service agreements shall to provide for an effective date; and to provide for related be in writing and shall be in one of the two following forms: matters. (1) A direct provider agreement entered into between a payor, as defined in R.S. 23:1142, and a health care provider Reported favorably. which establishes reimbursement rates for services provided pursuant to R.S. 23:1203. HOUSE BILL NO. 1153— (2) A preferred provider organization agreement which BY REPRESENTATIVE HAZEL complies with the requirements of R.S. 40:2201, et seq. AN ACT B. Workers' compensation medical service agreements To enact R.S. 14:95.9, relative to wearing or possessing body armor; entered into or renewed after August 1, 2009, shall not include to prohibit wearing or possessing body armor on school any provisions for medical services other than those provided property, school-sponsored functions, or firearm- free zones; to pursuant to R.S. 23:1203, unless the health care provider is given provide for definitions; to provide for penalties; to provide for the option in writing to reject that portion of the agreement exceptions; and to provide for related matters. pertaining to medical services provided pursuant to R.S. 23:1203. C.(1) When reimbursement for non-emergency medical Reported favorably. services provided pursuant to R.S. 23:1203 is made pursuant to any preferred provider organization agreement, prior written Respectfully submitted, notice shall be given to the health care provider. Such notice DANIEL R. MARTINY shall identify in writing the preferred provider organization Chairman under which the reimbursement shall be made. (2) Except as provided in Subsection D of this Section, Senate Bills and Joint Resolutions written notification pursuant to this Subsection shall be made either at the time treatment is authorized or at the time services on Second Reading are rendered. In either event, written notice shall be given prior Reported by Committees to medical services being rendered. (3) For the purposes of this Section, the following shall not The following Senate Bills and Joint Resolutions reported by constitute written notice: Committees were taken up and acted upon as follows: (a) Electronic mail. (b) Text message. SENATE BILL NO. 276— (c) Instant message. BY SENATOR CASSIDY (d) Any similar electronic notification. AN ACT (4) For the purposes of this Section and with regard to To amend and reenact R.S. 23:1203(B) and 1302 and preferred provider organizations: R.S.40:2203.1(B)(5) and to enact R.S. 23:1308, relative to (a) The notice requirement of this Subsection shall be workers' compensation, to provide for utilization of preferred satisfied by issuance of a workers' compensation benefit card to provider organization agreements by insurers; to provide for the employee, identifying the preferred provider organization notice of such agreements to be communicated to providers; to under which reimbursement shall be made. provide for notice of such agreements to employees; to provide for notice to an employer of a compensable injury or accident

1100 37th DAY'S PROCEEDINGS Page 9 SENATE June 3, 2008

(b) Issuance of such preferred provider organization written in R.S. 23:1142, when providing workers' compensation medical notification is for identification purposes only, and does not benefits pursuant to R.S. 23:1203. Damages or attorney fees guarantee eligibility for workers' compensation benefits. assessed under this Section shall not be recoverable from any (c) If more than one preferred provider organization is payor, as defined in R.S. 23:1142, when providing workers' utilized, the written notification required pursuant to this compensation medical benefits pursuant to R.S. 23:1203. Subsection shall identify the order in which the preferred H. When reimbursement for non-emergency medical provider organizations are to be accessed. services provided pursuant to R.S. 23:1203 is made pursuant to (5) This Subsection shall not apply when a payor, as defined any preferred provider organization agreement, the provisions in R.S. 23:1142, does either of the following: of R.S. 23:1034.3(B), (C), and (D) shall apply. (a) Contracts directly with a provider for alternative rates Section 3. This Act shall have prospective effect only on and of payment. after its effective date. Nothing contained herein shall have (b) Provides reimbursement pursuant to its own preferred retrospective effect, nor shall anything contained herein be used in provider organization network. any way in any litigation pending on the effective date hereof to D. If non-emergency medical treatment is sought or create any presumption with respect to, or serve as evidence for or obtained by the injured worker outside of normal business hours against, any practice, activity, or circumstance under contention in and without preauthorization being first obtained, the payor shall such litigation. have seventy-two hours from receipt of written notice of the Section 4. This Act shall become effective on January 1, 2009." treatment to comply with the notice requirements contained in Subsection C of this Section. On motion of Senator Riser, the committee amendment was E. Violation of this Section shall subject the payor, as adopted. The amended bill was read by title, ordered engrossed, and defined in R.S. 23:1142, to penalties of twelve percent of the passed to a third reading. amount discounted or fifty dollars per day, whichever is greater. The penalty provided for in this Subsection shall not exceed two SENATE BILL NO. 290— thousand dollars and shall be subject to the statutory maximum BY SENATOR KOSTELKA set forth in R.S. 23:1201(F). Reasonable attorney fees may also AN ACT be awarded. To amend and reenact R.S. 47:1512 and to enact R.S. 47:1512.1, * * *" relative to collection of taxes; to provide for the secretary of the Department of Revenue's authority to employ private counsel; AMENDMENT NO. 7 to create the Department of Revenue Tax Enforcement On page 2, delete lines 4 through 15 and insert the following: "for the Equalization Fund; and to provide for related matters. service, or the contracted rate under a workers' compensation medical services agreement which complies with the provisions Reported with amendments by the Committee on Finance. of R.S. 23:1034.3, whichever is less. Any out-of-state provider is also to be subject to the" SENATE COMMITTEE AMENDMENTS AMENDMENT NO. 8 Amendments proposed by Senate Committee on Finance to On page 2, delete lines 19 through 29 and delete page 3 and on page Engrossed Senate Bill No. 290 by Senator Kostelka 4, delete lines 1 through 10 and insert the following: "Section 2. R.S. 40:2203.1(A), (C), and (G) are hereby amended AMENDMENT NO. 1 and reenacted and R.S. 40:2203.1(H) is hereby enacted to read as On page 1, line 2, delete "and to enact R.S. 47:1512.1" follows: §2203.1. Prohibition of certain practices by preferred provider AMENDMENT NO. 2 organizations On page 1, line 3, after "Revenue's" insert "and other collector's" A.(1) Except as otherwise provided in this Subsection, the requirements of this Section shall apply to all preferred provider AMENDMENT NO. 3 organization agreements that are applicable to medical services On page 1, delete line 4, and insert: "employ private counsel;" rendered in this state and to group purchasers as defined in this Part. (2) The provisions of this Section shall not apply to a group AMENDMENT NO. 4 purchaser when providing health benefits through its own network or On page 1, line 5, delete "Equalization Fund;" direct provider agreements or to such agreements of a group purchaser. AMENDMENT NO. 5 (3) The provisions of Subsection B of this Section shall not On page 1, delete lines 9 through 17, on page 2, delete line 1, and apply to medical services provided pursuant to R.S. 23:1203. insert: (4) The provisions of Subsection H of this Section shall apply "A. During any fiscal year except for the fiscal years only to medical services provided pursuant to R.S. 23:1203. provided for in Subsection B of this Section, the collector * * * secretary is authorized to enter into contracts to employ private C. A preferred provider organization agreement shall not be counsel to assist in the collection of any taxes, penalties or interest applied or used on a retroactive basis unless all providers of medical due under this Sub-title, or to represent him in any proceeding under services that are affected by the application of alternative rates of this Sub-title. If any taxes, penalties or interest due under this title payment receive written notification from the entity that seeks such are referred to an attorney at law for collection under a contract an arrangement and agree in writing to be reimbursed at the entered into during such fiscal year, an additional charge for alternative rates of payment. Any amendment to a preferred attorney fees, in the amount of ten per centum (10%) of the taxes, provider organization agreement which alters, modifies, or penalties and interest due, shall be paid by the tax debtor. changes the alternative rates of payment shall be effective only B.(1) Notwithstanding any provision of law to the contrary, upon the written consent of the provider. during any fiscal year in which a minimum of five million dollars * * * is appropriated to the Department of Revenue to fund the G. Failure to comply with the provisions of Subsection A, B, C, attorney fees and costs provided for in this Subsection for that D, or F F, or H of this Section shall subject a group purchaser to fiscal year, the secretary may only enter into a contract to employ damages payable to the provider of double the fair market value of private counsel to assist in the collection of tax, penalty, or the medical services provided, but in no event less than the greater of interest due in which the private counsel shall be paid reasonable fifty dollars per day of noncompliance or two thousand dollars, attorney fees and costs and the contract shall not provide for the together with attorney fees to be determined by the court. A provider employment of such counsel on a contingency fee basis or any may institute this action in any court of competent jurisdiction. The other basis dependent on the outcome of the matter. provisions of this Subsection shall not apply to a payor, as defined

1101 Page 10 SENATE 37th DAY'S PROCEEDINGS June 3, 2008

(2) The payment of private counsel fees and costs under the expense and the objects, structures or other obstructions may be contracts provided for in Paragraph (1) of this Subsection may be attached and may be removed from the levee or land at the risk made at the" and expense of the state, its agency, or subdivision in order to remove the menace to the levee or the obstacle to the AMENDMENT NO. 6 improvement or maintenance of the waterway." On page 2, between lines 4 and 5, insert: "(3) The provisions of this Subsection shall not apply to any On motion of Senator McPherson, the committee amendment contract of employment with private counsel entered into during was adopted. The amended bill was read by title, ordered engrossed, any fiscal year in which a minimum of five million dollars as and passed to a third reading. provided for in Paragraph (1) of this Subsection is not appropriated to the Department of Revenue." House Bills and Joint Resolutions AMENDMENT NO. 7 on Second Reading On page 2, delete lines 11 through 29, and delete pages 3 and 4, and Reported by Committees insert: "Section 2. This Act shall become effective upon signature by The following House Bills and Joint Resolutions reported by the governor or, if not signed by the governor, upon expiration of the Committees were taken up and acted upon as follows: time for bills to become law without signature by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. HOUSE BILL NO. 178— BY REPRESENTATIVES GISCLAIR, ABRAMSON, AUBERT, AUSTIN If vetoed by the governor and subsequently approved by the BADON, BOBBY BADON, BALDONE, BARRAS, BARROW, BILLIOT, legislature, this Act shall become effective on the day following such HENRY BURNS, BURRELL, CARMODY, CHAMPAGNE, CHANDLER, approval." CHANEY, CONNICK, CORTEZ, CROMER, DIXON, DOWNS, EDWARDS, ELLINGTON, FRANKLIN, HARDY, HARRISON, HAZEL, HENDERSON, HILL, HINES, HOFFMANN, HONEY, HOWARD, HUTTER, KATZ, LEBAS, On motion of Senator Alario, the committee amendment was LEGER, LIGI, LORUSSO, MILLS, MONTOUCET, MORRELL, MORRIS, adopted. The amended bill was read by title, ordered reengrossed, NORTON, PEARSON, PETERSON, POPE, PUGH, RICHARD, RICHARDSON, RITCHIE, SCHRODER, JANE SMITH, PATRICIA SMITH, and passed to a third reading. ST. GERMAIN, TALBOT, TEMPLET, TRAHAN, TUCKER, WILLIAMS, WILLMOTT, AND WOOTON SENATE BILL NO. 589— AN ACT BY SENATOR MURRAY To enact R.S. 17:170.3, relative to immunizations; to require certain AN ACT students to provide documentation of immunization against To amend and reenact R.S. 38:225(B) and to repeal R.S. meningococcal disease; to provide for rules and regulations; to 38:301(C)(2)(e), relative to levees; to repeal provision which provide for exceptions; and to provide for related matters. allows for the removal of certain obstructions on levees at the expense of the owner; to repeal provision which allows for Reported favorably by the Committee on Education. Under the discretionary compensation to such land owners; and to provide provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was for related matters. read by title and referred to the Legislative Bureau. Reported with amendments by the Committee on Transportation, HOUSE BILL NO. 229— Highways and Public Works. BY REPRESENTATIVE ROBIDEAUX AN ACT SENATE COMMITTEE AMENDMENTS To amend and reenact R.S. 11:602, relative to the Louisiana State Employees' Retirement System; to provide relative to the Amendments proposed by Senate Committee on Transportation, number of years of service required for retirement eligibility in Highways and Public Works to Original Senate Bill No. 589 by the corrections secondary component of the system; to provide Senator Murray for an effective date; and to provide for related matters. AMENDMENT NO. 1 Reported favorably by the Committee on Retirement. Under the On page 1, line 3, change "repeal" to "modify 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. AMENDMENT NO. 2 On page 1, line 11, after "B." insert "(1)" HOUSE BILL NO. 230— BY REPRESENTATIVE ROBIDEAUX AMENDMENT NO. 3 AN ACT On page 1, delete lines 15 and 16, and insert: "its agency or To amend and reenact R.S. 11:446(D), relative to the Louisiana State subdivision at interest at the expense of the owner, agent, or person Employees' Retirement System; to provide relative to the responsible therefor. The objects, structures, or other obstructions automatic change to the maximum benefit to a retiree upon the may be" death of his named beneficiary; to provide for an effective date; and to provide for related matters. AMENDMENT NO. 4 On page 1, at the end of line 17, insert "the" Reported favorably by the Committee on Retirement. Under the provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was AMENDMENT NO. 5 read by title and referred to the Legislative Bureau. On page 2, delete line 1, and on line 2, delete "interest" and insert: "owners or persons responsible therefor" HOUSE BILL NO. 232— BY REPRESENTATIVES DOERGE, ARNOLD, MONTOUCET, PEARSON, AND POPE AND SENATORS B. GAUTREAUX AND HEBERT AMENDMENT NO. 6 AN ACT On page 2, between lines 3 and 4, insert: To amend and reenact R.S. 11:233(B)(4) and 2252(9), relative to the "(2) However, if the owner, agent, or person responsible for Firefighters' Retirement System; to provide with respect to the the object, structure, or obstruction has a permit from the levee inclusion of certain deferred compensation in the definition of district for the placement of such object, structure, or obstruction "earnable compensation"; to provide an effective date; and to within the areas provided for in Subsection A of this Section, and provide for related matters. the permit does not require the permit holder to remove, abate, or repair damage from such object, structure, or obstruction, then the objects may be removed or the menace abated and any damage repaired by the state, its agency or subdivision at its own

1102 37th DAY'S PROCEEDINGS Page 11 SENATE June 3, 2008

Reported favorably by the Committee on Retirement. Under the full salary and benefits; to provide with respect to employer and provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was employee contributions; and to provide for related matters. read by title and referred to the Legislative Bureau. Reported favorably by the Committee on Retirement. The bill HOUSE BILL NO. 233— was read by title and recommitted to the Committee on Finance. BY REPRESENTATIVES DOERGE AND MONTOUCET AN ACT HOUSE BILL NO. 308— To amend and reenact R.S. 11:461(B)(3)(b), relative to the Louisiana BY REPRESENTATIVE WHITE AND SENATOR NEVERS State Employees' Retirement System; to provide relative to the AN ACT calculation of disability benefits for certain members; and to To amend and reenact R.S. 11:1305(D)(1), relative to the State Police provide for related matters. Pension and Retirement System; to provide for the purchase of service credit; to provide for an effective date; and to provide Reported favorably by the Committee on Retirement. Under the for related matters. provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was read by title and referred to the Legislative Bureau. Reported favorably by the Committee on Retirement. Under the provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was HOUSE BILL NO. 258— read by title and referred to the Legislative Bureau. BY REPRESENTATIVE LITTLE AN ACT HOUSE BILL NO. 312— To enact R.S. 48:390(G), relative to railroad grade crossing closures; BY REPRESENTATIVE ARNOLD to prohibit the closure of certain railroad grade crossings; to AN ACT provide for applicability; to provide for retroactivity; and to To amend and reenact R.S. 47:1903.2, relative to the Orleans Parish provide for related matters. Assessor; to provide that the assessor shall be responsible for all of the obligations of the Board of Assessors of Orleans Parish; Reported with amendments by the Committee on Transportation, to provide for an effective date; and to provide for related Highways and Public Works. matters. SENATE COMMITTEE AMENDMENTS Reported favorably by the Committee on Local and Municipal Affairs. Under the provisions of Joint Rule No. 3 of the Rules of the Amendments proposed by Senate Committee on Transportation, Senate, the bill was read by title and referred to the Legislative Highways and Public Works to Reengrossed House Bill No. 258 by Bureau. Representative Little HOUSE BILL NO. 321— AMENDMENT NO. 1 BY REPRESENTATIVE TRAHAN On page 1, line 2, after "grade" delete the remainder of the line, AN ACT delete line 3, and insert: "crossings; to provide for prescription To amend and reenact R.S. 17:3983(A)(4), relative to charter regarding certain crossings; to require re-opening of certain crossings; schools; to provide relative to the limitation on the number of to provide for" charter school proposals that can be entered into; and to provide for related matters. AMENDMENT NO. 2 On page 1, delete lines 9 through 15, and insert: Reported favorably by the Committee on Education. Under the "G.(1) Notwithstanding the provisions of this Section, R.S. provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was 48:390.1, or any other provision of law or rule to the contrary, the read by title and referred to the Legislative Bureau. closing of a railroad grade crossing by a railroad company shall not be considered interruption for purposes of acquisitive prescription, HOUSE BILL NO. 349— and any crossing closed by a railroad since January 1, 2006 shall be BY REPRESENTATIVE TRAHAN re-opened upon the attainment of thirty years peaceful and otherwise AN ACT uninterrupted use or possession of servitude of use or passage across To amend and reenact R.S. 17:3992(A)(1) and (3) and 3995(A)(6)(a), the railroad grade crossing with or without just title. relative to charter schools; to change the renewal period for an (2) For the purposes of this Subsection, a crossing shall include approved charter school from ten-year periods to periods of not a private rural residence or agricultural crossing or other means of less than three nor more than ten years; to provide for an access over the railroad right-of-way. effective date; and to provide for related matters. Section 2. The provisions of this Act shall be retroactive. Section 3. This Act shall become effective upon signature by Reported favorably by the Committee on Education. Under the the governor or, if not signed by the governor, upon expiration of the provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was time for bills to become law without signature by the governor, as read by title and referred to the Legislative Bureau. provided by Article III, Section 18 of the Constitution of Louisiana. HOUSE BILL NO. 356— If vetoed by the governor and subsequently approved by the BY REPRESENTATIVE GALLOT legislature, this Act shall become effective on the day following such AN ACT approval." To amend and reenact R.S. 11:2175(E)(3), relative to the Sheriffs' Pension and Relief Fund; to provide for recalculation of benefits On motion of Senator McPherson, the committee amendment and restoration of service credit for certain rehired retirees; to was adopted. Under the provisions of Joint Rule No. 3 of the Rules provide for repayment of benefits to the system upon of the Senate, the amended bill was read by title and referred to the reemployment; to provide eligibility requirements for Legislative Bureau. recalculation of benefits and restoration of service credit; and to provide for related matters. HOUSE BILL NO. 303— BY REPRESENTATIVE HAZEL AN ACT Reported favorably by the Committee on Retirement. Under the To amend and reenact R.S. 11:1631(F), relative to the District provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was Attorneys' Retirement System; to provide for the reemployment read by title and referred to the Legislative Bureau. of certain retirees; to allow such reemployed retirees to receive

1103 Page 12 SENATE 37th DAY'S PROCEEDINGS June 3, 2008

HOUSE BILL NO. 408— HOUSE BILL NO. 461— BY REPRESENTATIVE HOFFMANN BY REPRESENTATIVE RITCHIE AN ACT A JOINT RESOLUTION To amend and reenact R.S. 47:1907(G) and to enact R.S. Proposing to add Article VII, Section 18(G)(6) of the Constitution of 47:1907(F)(1)(d), relative to assessors certification and Louisiana, relative to the special assessment level when the continuing education requirements; to require certain additional homestead has been sold or expropriated under certain courses and examinations; to provide for an effective date; and circumstances; to authorize the transfer of the special to provide for related matters. assessment level to a new homestead in cases where a homestead has been sold or expropriated under certain Reported favorably by the Committee on Local and Municipal circumstances; to provide for submission of the proposed Affairs. Under the provisions of Joint Rule No. 3 of the Rules of the amendment to the electors; and to provide for related matters. Senate, the bill was read by title and referred to the Legislative Bureau. Reported favorably by the Committee on Revenue and Fiscal Affairs. Under the provisions of Joint Rule No. 3 of the Rules of the HOUSE BILL NO. 419— Senate, the bill was read by title and referred to the Legislative BY REPRESENTATIVES EDWARDS AND WHITE Bureau. AN ACT To amend and reenact R.S. 33:1233(A)(2)(b)(ii), relative to the HOUSE BILL NO. 520— compensation of members of certain parish governing BY REPRESENTATIVE MONTOUCET authorities; to provide for an increase in the maximum allowable AN ACT monthly salary of such members; to authorize certain governing To repeal R.S. 11:1113, relative to the Louisiana School Employees' authorities to increase the salary of certain officers; and to Retirement System, to remove the prohibition of being a provide for related matters. member of two retirement systems; and to provide for related matters. Reported favorably by the Committee on Local and Municipal Affairs. Under the provisions of Joint Rule No. 3 of the Rules of the Reported favorably by the Committee on Retirement. Under the Senate, the bill was read by title and referred to the Legislative provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was Bureau. read by title and referred to the Legislative Bureau. HOUSE BILL NO. 422— HOUSE BILL NO. 523— BY REPRESENTATIVE GREENE BY REPRESENTATIVES CONNICK AND WILLMOTT AN ACT AN ACT To repeal Part I of Chapter 1 of Subtitle IV of Title 47 of the To enact R.S. 33:1373(F), relative to Jefferson Parish; to authorize Louisiana Revised Statutes of 1950, comprised of R.S. 47:2401 the parish to take certain judicial actions against certain owners through 2426, relative to the inheritance tax; to repeal the tax; of certain premises; and to provide for related matters. and to provide for an effective date. Reported with amendments by the Committee on Local and Reported with amendments by the Committee on Revenue and Municipal Affairs. Fiscal Affairs. SENATE COMMITTEE AMENDMENTS SENATE COMMITTEE AMENDMENTS Amendments proposed by Senate Committee on Local and Municipal Amendments proposed by Senate Committee on Revenue and Fiscal Affairs to Engrossed House Bill No. 523 by Representative Connick Affairs to Engrossed House Bill No. 422 by Representative Greene AMENDMENT NO. 1 AMENDMENT NO. 1 On page 1, delete line 15 On page 1, between lines 7 and 8, insert: "Section 2. Inheritance taxes due to the state shall prescribe as AMENDMENT NO. 2 provided in the constitution, in three years from the thirty-first day of On page 1, line 16, change "(b)" to "(a)" and at the end of the line, December of the year in which such taxes became due. Inheritance change the period "." to "; or" taxes due to the state for deaths occurring before July 1, 2004 for which no inheritance tax return has been filed before January 1, 2010 AMENDMENT NO. 3 shall be deemed due on January 1, 2010." On page 1, line 17, change "(c)" to "(b)" and at the end of the line, change the period "." to "; or" AMENDMENT NO. 2 On page 1, line 8, change "Section 2." to "Section 3." AMENDMENT NO. 4 On page 1, line 18, change "(d)" to "(c)" and at the end of the line, On motion of Senator Adley, the committee amendment was change the period "." to "; or" 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 AMENDMENT NO. 5 Legislative Bureau. On page 1, after line 18, add the following: "(d) It is known that the owner is deceased." HOUSE BILL NO. 438— BY REPRESENTATIVE LIGI AMENDMENT NO. 6 AN ACT On page 2, line 1, change "(e) It " to To amend and reenact R.S. 49:1015(F)(3), relative to drug testing by "(2) If the parish takes an action as provided in Paragraph (1) of certain public employers of certain public employees; to provide this Subsection when it" for the application of certain drug testing requirements to certain parishes and municipalities; and to provide for related matters. AMENDMENT NO. 7 On page 2, line 3, between "judicially" and the period "." and insert Reported favorably by the Committee on Local and Municipal ", the court shall appoint a curator ad hoc as provided in Paragraph Affairs. Under the provisions of Joint Rule No. 3 of the Rules of the (3) who shall open the succession." Senate, the bill was read by title and referred to the Legislative Bureau. AMENDMENT NO. 8 On page 2, line 9, change "(3)" to "(4)"

1104 37th DAY'S PROCEEDINGS Page 13 SENATE June 3, 2008

On motion of Senator Gray, the committee amendment was On motion of Senator McPherson, the committee amendment adopted. Under the provisions of Joint Rule No. 3 of the Rules of the was adopted. Under the provisions of Joint Rule No. 3 of the Rules Senate, the amended bill was read by title and referred to the of the Senate, the amended bill was read by title and referred to the Legislative Bureau. Legislative Bureau. HOUSE BILL NO. 524— HOUSE BILL NO. 610— BY REPRESENTATIVE LEBAS BY REPRESENTATIVE WHITE AN ACT AN ACT To enact R.S. 47:1925.9, relative to assessment districts; to provide To amend and reenact R.S. 38:2212(A)(1)(f) and 2212.1(B)(4), relative to the assessor in the Evangeline Parish Assessment relative to public contracts; to provide the option for contractors District; to authorize the assessor in such district to receive an to electronically submit bids for public contracts; to provide for automobile expense allowance; and to provide for related the receipt of electronic bids by political subdivisions; and to matters. provide for related matters. Reported favorably by the Committee on Local and Municipal Reported with amendments by the Committee on Transportation, Affairs. Under the provisions of Joint Rule No. 3 of the Rules of the Highways and Public Works. Senate, the bill was read by title and referred to the Legislative Bureau. SENATE COMMITTEE AMENDMENTS HOUSE BILL NO. 574— Amendments proposed by Senate Committee on Transportation, BY REPRESENTATIVE GARY SMITH Highways and Public Works to Reengrossed House Bill No. 610 by AN ACT Representative White To enact R.S. 17:7(27), relative to student and school employee interactions at public elementary and secondary schools; to AMENDMENT NO. 1 require the State Board of Elementary and Secondary Education On page 3, line 29, after "receipt of" insert "electronic" to adopt rules and regulations prohibiting certain interactions except in accordance with specified guidelines and limitations; On motion of Senator McPherson, the committee amendment to provide for exceptions; to provide for implementation, was adopted. Under the provisions of Joint Rule No. 3 of the Rules oversight, and enforcement of such guidelines and limitations by of the Senate, the amended bill was read by title and referred to the public school governing authorities; to provide for effectiveness; Legislative Bureau. to provide an effective date; and to provide for related matters. HOUSE BILL NO. 657— Reported favorably by the Committee on Education. Under the BY REPRESENTATIVE TRAHAN provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was AN ACT read by title and referred to the Legislative Bureau. To amend and reenact R.S. 17:6(A)(14)(b), relative to school employees; to prohibit school employees from being required to HOUSE BILL NO. 604— complete certain paperwork under certain circumstances; and to BY REPRESENTATIVE MILLS provide for related matters. AN ACT To enact R.S. 33:4574.1.1(A)(45), relative to hotel occupancy taxes Reported favorably by the Committee on Education. Under the levied by tourist commissions; to authorize tourist commissions provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was in a class of parishes to levy additional taxes; and to provide for read by title and referred to the Legislative Bureau. related matters. HOUSE BILL NO. 665— Reported favorably by the Committee on Local and Municipal BY REPRESENTATIVE MILLS Affairs. Under the provisions of Joint Rule No. 3 of the Rules of the AN ACT Senate, the bill was read by title and referred to the Legislative To enact R.S. 33:2711(D), relative to sales and use taxes levied by Bureau. municipalities; to authorize certain municipal governing authorities to create sales tax districts; to authorize the levy of HOUSE BILL NO. 608— an additional local sales and use tax in a sales tax district under BY REPRESENTATIVE TIM BURNS certain circumstances; to provide for the collection and the AN ACT disposition of the proceeds of the sales and use tax levied in a To amend and reenact R.S. 47:463.103(E) and 490.19(A), relative to sales tax district; to provide for an effective date; and to provide special prestige license plates; to remove certain provisions for for related matters. certain specified plates requiring a minimum number of applicants; to provide relative to military honor license plates; Reported with amendments by the Committee on Local and and to provide for related matters. Municipal Affairs. Reported with amendments by the Committee on Transportation, SENATE COMMITTEE AMENDMENTS Highways and Public Works. Amendments proposed by Senate Committee on Local and Municipal SENATE COMMITTEE AMENDMENTS Affairs to Reengrossed House Bill No. 665 by Representative Mills Amendments proposed by Senate Committee on Transportation, AMENDMENT NO. 1 Highways and Public Works to Reengrossed House Bill No. 608 by On page 1, line 14, after "population of" delete the remainder of the Representative Tim Burns line and delete lines 15 through 17 and insert "fewer than ten thousand persons according to the most recent" AMENDMENT NO. 1 On page 1, line 2, delete "463.103(E) and" AMENDMENT NO. 2 On page 2, between lines 20 and 21 insert: AMENDMENT NO. 2 "(2) The additional tax authorized by this Subsection shall not On page 1, line 7, delete "463.103(E) and" and change "are" to "is" apply to the rental and leasing of motor vehicles." AMENDMENT NO. 3 AMENDMENT NO. 3 On page 1, delete lines 9 through 17 On page 2, line 21, change "(2)" to "(3)"

1105 Page 14 SENATE 37th DAY'S PROCEEDINGS June 3, 2008

On motion of Senator Gray, the committee amendment was Reported favorably by the Committee on Transportation, adopted. Under the provisions of Joint Rule No. 3 of the Rules of the Highways and Public Works. Under the provisions of Joint Rule No. Senate, the amended bill was read by title and referred to the 3 of the Rules of the Senate, the bill was read by title and referred to Legislative Bureau. the Legislative Bureau. HOUSE BILL NO. 704— HOUSE BILL NO. 814— BY REPRESENTATIVE ST. GERMAIN BY REPRESENTATIVE TEMPLET AN ACT AN ACT To amend and reenact R.S. 11:2256(B)(1)(a), relative to the To amend and reenact R.S. 32:295(I) and to enact R.S. 32:414(T), Firefighters' Retirement System; to provide with respect to relative to child restraint systems; to provide for fines for failure benefits payable to the surviving spouse of a deceased member to properly restrain a child; to provide for suspensions of if the member suffers a line of duty death; to provide for an licenses under certain circumstances; and to provide for related effective date; and to provide for related matters. matters. Reported with amendments by the Committee on Retirement. Reported favorably by the Committee on Transportation, Highways and Public Works. Under the provisions of Joint Rule No. SENATE COMMITTEE AMENDMENTS 3 of the Rules of the Senate, the bill was read by title and referred to the Legislative Bureau. Amendments proposed by Senate Committee on Retirement to Engrossed House Bill No. 704 by Representative St. Germain HOUSE BILL NO. 832— BY REPRESENTATIVE HENRY AMENDMENT NO. 1 AN ACT On page 1, line 16 after "(a)" and before "If" insert "(i)" To amend and reenact R.S. 32:387(J) and to enact R.S. 32:387(H)(1)(c) and (K), relative to permits for transportation AMENDMENT NO. 2 of sealed containers; to provide that a permit for a sealed ocean On page 1, delete lines 19 and 20 in their entirety and insert in lieu container be issued for the container rather than the transport thereof: "average final compensation. vehicle; to provide that regulations for vehicles transporting (ii) The board of trustees shall promulgate rules pursuant to the intermodal containers be applicable to all domestic and Administrative Procedure Act, R.S. 49:950 et seq., to provide for a international trade; and to provide for related matters. procedure for determining whether a member was killed in the line of duty. The board shall use its discretion in applying the procedure. Reported with amendments by the Committee on Transportation, The board's promulgation of the rules and application of the Highways and Public Works. procedure shall be in compliance with its fiduciary obligations as set forth in this Title." SENATE COMMITTEE AMENDMENTS On motion of Senator B. Gautreaux, the committee amendment Amendments proposed by Senate Committee on Transportation, was adopted. Under the provisions of Joint Rule No. 3 of the Rules Highways and Public Works to Reengrossed House Bill No. 832 by of the Senate, the amended bill was read by title and referred to the Representative Henry Legislative Bureau. AMENDMENT NO. 1 HOUSE BILL NO. 733— On page 2, delete lines 16 through 20, and on line 21, delete "is in BY REPRESENTATIVE SCHRODER effect" and insert: "applicant shall indicate on the application the VIN AN ACT number of the vehicle for which the permit shall be issued permit To amend and reenact R.S. 33:1236(54), relative to parish littering issued shall not require the specific identification of the vehicle ordinances; to provide relative to the enforcement of such carrying the permitted container. The permit shall be issued based ordinances and penalties for violations in certain parishes; to upon the specific container and seal number. The annual fee for the provide exceptions; and to provide for related matters. permit shall be fifty dollars per vehicle. If the vehicle for which the permit is issued is no longer usable by the owner or operator, the Reported favorably by the Committee on Local and Municipal permit may be transferred to a replacement vehicle. However, such Affairs. Under the provisions of Joint Rule No. 3 of the Rules of the transfer shall be authorized only one time during the year for which Senate, the bill was read by title and referred to the Legislative the permit is in effect." Bureau. AMENDMENT NO. 2 HOUSE BILL NO. 754— On page 3, line 8, after "tridem." delete the remainder of the line, and BY REPRESENTATIVE DIXON delete lines 9 through 14, and insert: "The applicant shall indicate on AN ACT the application the VIN number of the vehicle for which the permit To enact R.S. 17:416.20, relative to student conduct standards; to shall be issued permit issued shall not require the specific require public elementary and secondary school governing identification of the vehicle carrying the permitted container. The authorities to take certain actions relative to student awareness permit shall be issued based upon the specific container and seal and understanding of applicable discipline rules and code of number. The annual fee for the permit shall be five hundred dollars conduct requirements; to provide guidelines; to provide per vehicle. If the vehicle for which the permit is issued is no longer effectiveness; to provide an effective date; and to provide for usable by the owner or operator, the permit may be transferred to a related matters. replacement vehicle. However, such transfer shall be authorized only one time during the year for which the permit is in effect." Reported favorably by the Committee on Education. Under the provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was On motion of Senator McPherson, the committee amendment read by title and referred to the Legislative Bureau. was 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. 765— Legislative Bureau. BY REPRESENTATIVE HUTTER AN ACT To enact R.S. 38:84(C), relative to federal flood insurance; to require a parish or municipality to comply with all applicable federal flood plain management and flood insurance programs under certain circumstances; and to provide for related matters.

1106 37th DAY'S PROCEEDINGS Page 15 SENATE June 3, 2008

HOUSE BILL NO. 874— HOUSE BILL NO. 931— BY REPRESENTATIVE TUCKER BY REPRESENTATIVES GEYMANN AND KLECKLEY AN ACT AN ACT To amend and reenact R.S. 33:3701 through 3705, relative to railroad To amend and reenact R.S. 33:9576(C)(4), relative to Calcasieu crossings; to provide applicability to parishes; to provide for Parish; to provide relative to the Calcasieu Parish Gaming acquisition of railroad crossings; to provide relative to access to Revenue District; to provide relative to funds distributed to state highways, streets, or alleys; to provide for dispute Calcasieu Parish and the city of Lake Charles by such district; resolution by the Louisiana Department of Transportation and to provide relative to the expenditure and distribution of such Development; to provide for the allocation and payment of funds by the governing authorities of the parish and the city; to costs; and to provide for related matters. require the governing authorities of the parish and the city to prepare reports regarding such expenditures and distributions; Reported with amendments by the Committee on Transportation, and to provide for related matters. Highways and Public Works. Reported favorably by the Committee on Local and Municipal SENATE COMMITTEE AMENDMENTS Affairs. 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 Amendments proposed by Senate Committee on Transportation, Bureau. Highways and Public Works to Engrossed House Bill No. 874 by Representative Tucker HOUSE BILL NO. 980— BY REPRESENTATIVE HENRY BURNS AMENDMENT NO. 1 AN ACT On page 1, line 5, delete "Louisiana Department of Transportation To enact R.S. 33:2501(C)(3) and R.S. 33:2561(C)(3), relative to and Development" and insert "Public Service Commission" municipal fire and police civil service; to provide relative to hearings by local civil service boards on disciplinary actions; to AMENDMENT NO. 2 authorize rehearings under certain circumstances; and to provide On page 2, line 8, after "of the," delete the remainder of line and for related matters. insert "Public Service Commission" Reported favorably by the Committee on Local and Municipal AMENDMENT NO. 3 Affairs. Under the provisions of Joint Rule No. 3 of the Rules of the On page 2, delete line 9 in its entirety Senate, the bill was read by title and referred to the Legislative Bureau. AMENDMENT NO. 4 On page 2, line 10 delete "regulations" HOUSE BILL NO. 1005— BY REPRESENTATIVE ABRAMSON AN ACT AMENDMENT NO. 5 To amend and reenact R.S. 33:9091.3 and to enact R.S. 33:9091.12, On page 2, line 10, delete "department's" and insert "commission's" relative to Orleans Parish; to provide relative to the Audubon Area Security District; to create the Upper Audubon Security On motion of Senator McPherson, the committee amendment District; to provide relative to the purpose, governance, and was adopted. Under the provisions of Joint Rule No. 3 of the Rules powers and duties of the districts; to provide relative to the of the Senate, the amended bill was read by title and referred to the funding of the districts, including the levy of taxes and fees; to Legislative Bureau. provide for the merger of the Audubon Area Security District or HOUSE BILL NO. 886— a part thereof with another district or a part thereof; and to BY REPRESENTATIVE MORRELL provide for related matters. AN ACT To amend and reenact R.S. 40:600.14, relative to the Louisiana Reported with amendments by the Committee on Local and Housing Finance Agency; to provide relative to the issuance of Municipal Affairs. bonds by such agency; to require the agency to give notice to certain persons prior to a meeting of the State Bond Commission SENATE COMMITTEE AMENDMENTS in which the agency is seeking approval to issue certain bonds for certain purposes; to provide relative to a procedure therefor; Amendments proposed by Senate Committee on Local and Municipal to require certain political subdivisions to hold a public hearing Affairs to Reengrossed House Bill No. 1005 by Representative in certain circumstances; and to provide for related matters. Abramson Reported favorably by the Committee on Revenue and Fiscal AMENDMENT NO. 1 Affairs. Under the provisions of Joint Rule No. 3 of the Rules of the On page 12, line 1, delete "or members" Senate, the bill was read by title and referred to the Legislative Bureau. AMENDMENT NO. 2 On page 12, line 2, after "encompasses" and before "the area" insert HOUSE BILL NO. 905— "all or the greater portion of" BY REPRESENTATIVE TUCKER AN ACT AMENDMENT NO. 3 To amend and reenact R.S. 33:9039.15(B), relative to community On page 12, line 4, delete "or members" development districts; to provide for the appointment rather than the election of certain members of certain boards of AMENDMENT NO. 4 commissioners of community development districts; and to On page 12, line 8, delete "or members" provide for related matters. AMENDMENT NO. 5 Reported favorably by the Committee on Local and Municipal On page 13, delete lines 22 through 26 in their entirety and at the Affairs. Under the provisions of Joint Rule No. 3 of the Rules of the beginning of line 27, change "(9)" to "(7)" Senate, the bill was read by title and referred to the Legislative Bureau. AMENDMENT NO. 6 On page 13, line 28 after "his" delete the remainder of the line and on page 14, line 1, after "his" and before "actions" delete "or her" and on line 2, after "his" and before "duties" delete "or her"

1107 Page 16 SENATE 37th DAY'S PROCEEDINGS June 3, 2008

On motion of Senator Gray, the committee amendment was SENATE COMMITTEE AMENDMENTS 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 Amendments proposed by Senate Committee on Local and Municipal Legislative Bureau. Affairs to Engrossed House Bill No. 1057 by Representative Nowlin HOUSE BILL NO. 1023— AMENDMENT NO. 1 BY REPRESENTATIVES BARRAS, CHAMPAGNE, AND SAM JONES On page 2, on line 28 after "Federal funds" insert "or other lawful AN ACT purposes" To enact Subpart B-40 of Part IV of Chapter 1 of Title 33 of the Louisiana Revised Statutes of 1950, to be comprised of R.S. On motion of Senator Gray, the committee amendment was 33:130.761 through 130.771, relative to economic development; adopted. Under the provisions of Joint Rule No. 3 of the Rules of the to create and provide with respect to the Iberia Economic Senate, the amended bill was read by title and referred to the Development Authority; to provide relative to the board of Legislative Bureau. commissioners for the authority; to provide for the powers, duties, and functions of the authority; to authorize various HOUSE BILL NO. 1078— financial activities by the board of commissioners, including the BY REPRESENTATIVE ROBIDEAUX authority to levy taxes, incur debt, and issue bonds to AN ACT accomplish the purposes of the authority; to exempt the To amend and reenact R.S. 11:444(B)(3) and (C), relative to the authority from all state taxation; and to provide for related Louisiana State Employees' Retirement System; to provide matters. relative to the computation of retirement benefits; to provide for adjustments to retirement benefits commencing prior to age Reported with amendments by the Committee on Local and sixty-two; to provide for an exception to the adjustment of Municipal Affairs. benefits for persons providing police protection, firefighting services, and emergency medical services; to provide for the SENATE COMMITTEE AMENDMENTS adjustment of retirement benefits commencing after age sixty- five; to provide for an effective date; and to provide for related Amendments proposed by Senate Committee on Local and Municipal matters. Affairs to Reengrossed House Bill No. 1023 by Representative Barras Reported favorably by the Committee on Retirement. Under the AMENDMENT NO. 1 provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was On page 8, line 2, change "Part" to "Subpart" read by title and referred to the Legislative Bureau. On motion of Senator Gray, the committee amendment was HOUSE BILL NO. 1093— adopted. Under the provisions of Joint Rule No. 3 of the Rules of the BY REPRESENTATIVE CONNICK Senate, the amended bill was read by title and referred to the AN ACT Legislative Bureau. To enact R.S. 33:1236(49)(e), relative to the powers of parish governing authorities; to provide relative to contempt fines and HOUSE BILL NO. 1053— court costs charged to property owners in a parish for failure to BY REPRESENTATIVE HARRISON repair or demolish derelict structures; to authorize the governing AN ACT authority of a parish to place the contempt fines and court costs To amend and reenact R.S. 17:1941 through 1947 and to repeal R.S. on the ad valorem tax rolls of the parish; to provide procedures 17:1942.1, 1947.1, 1948 through 1954, and 1958, all relative to therefor; to provide for the collection of such contempt fines and the education of children with exceptionalities; to provide for a court costs; to authorize a collection fee for the sheriff of such comprehensive revision of the educational opportunities for parish; to provide relative to any action brought to contest the children with exceptionalities provisions; to provide for a placing of such contempt fines and court costs on the tax rolls; statement of policy; to provide for definitions; to provide for and to provide for related matters. administration; to provide for responsibilities of local education agencies; to provide relative to special schools and school Reported with amendments by the Committee on Local and districts, safeguards, and funding for special educational Municipal Affairs. services; to repeal provisions relative to notice of proposed rules, strategic plans and guidelines; assistance for local SENATE COMMITTEE AMENDMENTS educational agencies, purchase of special education and related services, personnel development systems, an advisory panel, and Amendments proposed by Senate Committee on Local and Municipal liability limitations for certain providers; and to provide for Affairs to Engrossed House Bill No. 1093 by Representative Connick related matters. AMENDMENT NO. 1 Reported favorably by the Committee on Education. Under the On page 1, line3, after "fines" insert ", other fines," provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was read by title and referred to the Legislative Bureau. AMENDMENT NO. 2 On page 1, line 6, change "rolls" to "bills" HOUSE BILL NO. 1057— BY REPRESENTATIVE NOWLIN AMENDMENT NO. 3 AN ACT On page 1, line 7, after "fines" insert ", other fines," To enact R.S. 33:2740.69, relative to the hotel occupancy tax; to authorize the city of Natchitoches to levy and collect an AMENDMENT NO. 4 additional hotel occupancy tax within the city; to provide On page 1, line 9, after "fines" insert ", other fines," relative to the purposes for which the proceeds of the tax may be used; and to provide for related matters. AMENDMENT NO. 5 On page 1, line 9, change "rolls" to "bills" Reported with amendments by the Committee on Local and Municipal Affairs. AMENDMENT NO. 6 On page 2, line 1, after "fines" insert ", other fines," AMENDMENT NO. 7 On page 2, line 3, change "rolls" to "bills"

1108 37th DAY'S PROCEEDINGS Page 17 SENATE June 3, 2008

AMENDMENT NO. 8 procedures to select the chairman and vice chairman; to provide On page 2, line 6, after "fines" insert ", other fines," for the terms of the membership; to authorize the removal of members under certain circumstances; to provide for designees AMENDMENT NO. 9 of the council members; to establish the goals of the council; to On page 2, line 7, change "rolls" to "bills" require the adoption of a strategic plan; to establish the duties and functions of the council; to establish the organizational AMENDMENT NO. 10 structure of the council; to provide for workforce investment On page 2, line 8, after "fines" insert ", other fines," boards; to authorize the governor to designate workforce development areas; to authorize the creation of local workforce AMENDMENT NO. 11 development boards; to provide for the training for local On page 2, line 10, after "fines" insert ", other fines," workforce development board members; to authorize the commission to charter boards; to authorize the governor to AMENDMENT NO. 12 certify boards; to provide the membership of boards; to provide On page 2, line 16, after "fines" insert ", other fines," for the removal of workforce investment board members; to provide for the responsibilities of the board; to establish the AMENDMENT NO. 13 board's duties; to provide for the components of the local On page 2, line 20, change "rolls" to "bills" workforce development system; to require the adoption of local and regional workforce development plans; to require the On motion of Senator Gray, the committee amendment was adoption of a budget; to require the submission of a report; to adopted. Under the provisions of Joint Rule No. 3 of the Rules of the require approval of the board's fiscal agent; to provide for Senate, the amended bill was read by title and referred to the contracting service delivery; to provide relative to conflicts of Legislative Bureau. interests; to provide for the eligibility of incentives and waivers; to allow the application for nonprofit status; to authorize the HOUSE BILL NO. 1104— employment of staff; to include the Louisiana Workforce BY REPRESENTATIVES TUCKER, HONEY, PONTI, TRAHAN, Commission as a department within the executive branch of ABRAMSON, ANDERS, ARMES, ARNOLD, AUBERT, AUSTIN BADON, BOBBY BADON, BALDONE, BARRAS, BILLIOT, BURFORD, HENRY government; to provide for its officers, duties, and offices; to BURNS, TIM BURNS, BURRELL, CARMODY, CARTER, CHAMPAGNE, provide for the termination of the Louisiana Workforce CHANDLER, CHANEY, CONNICK, CORTEZ, CROMER, DANAHAY, Commission; to require the commission to submit certain DOERGE, DOVE, DOWNS, ELLINGTON, FANNIN, FOIL, FRANKLIN, GALLOT, GEYMANN, GISCLAIR, GREENE, ELBERT GUILLORY, reports; to require the Louisiana Workforce Investment Council MICKEY GUILLORY, GUINN, HARDY, HARRISON, HAZEL, to submit certain reports; and to provide for related matters. HENDERSON, HENRY, HILL, HINES, HOFFMANN, HOWARD, HUTTER, GIROD JACKSON, JOHNSON, ROSALIND JONES, SAM JONES, KATZ, KLECKLEY, LABRUZZO, LAFONTA, LAMBERT, LEBAS, LEGER, LIGI, Reported favorably by the Committee on Labor and Industrial LITTLE, LOPINTO, LORUSSO, MARCHAND, MCVEA, MILLS, Relations. Under the provisions of Joint Rule No. 3 of the Rules of MONTOUCET, MORRELL, MORRIS, NOWLIN, PEARSON, PERRY, the Senate, the bill was read by title and referred to the Legislative PETERSON, POPE, PUGH, RICHARDSON, RICHMOND, RITCHIE, ROBIDEAUX, ROY, SCHRODER, SIMON, SMILEY, GARY SMITH, JANE Bureau. SMITH, ST. GERMAIN, TALBOT, TEMPLET, WADDELL, WHITE, WILLIAMS, WILLMOTT, AND WOOTON HOUSE BILL NO. 1139— AN ACT BY REPRESENTATIVE POPE To amend and reenact R.S. 23:1 through 12, 14(A), 15, 16, 71, 72(1) AN ACT and (3), 73(A)(1)(introductory paragraph) and (2), (B), (C), (D), To amend and reenact R.S. 32:125(B)(1) and 300.1(A), relative to and (E)(2), 74, 75(D), 76(C), 1472(1), 2042 through 2046, traffic regulation; to provide that a driver shall slow down to a 2047(A), 2048 through 2056, 2061 through 2063, 2065 through speed twenty-five miles per hour below the posted speed limit 2067, 2069(A), 2070, 2091(A)(introductory paragraph) and (1), upon approach of an emergency vehicle; to provide for low- (B)(introductory paragraph) and (8), and (C), 2092, 2100, speed vehicles; and to provide for related matters. 2151(A), (B), and (E), 2152, 2153, 2191, and 2192, R.S. 36:3(2), (3), (4), (6), and (7), 4(A)(6), 8(E)(1), 301 through 307, Reported with amendments by the Committee on Transportation, 308(A) and (D), 309(B), (C)(introductory paragraph) and (4), Highways and Public Works. (D), (E), and (F), 310, and 313, and R.S. 49:191(3)(g) and 968(B)(5) and (21)(b), to enact R.S. 23:17 through 20, 33, 34, SENATE COMMITTEE AMENDMENTS 72(4) and (5), 73(A)(1)(d), 75(E), 77, 78, and 2193 through 2212 and R.S. 36:8(E)(2)(j), and to repeal R.S. 23:2064, 2068, Amendments proposed by Senate Committee on Transportation, and 2093 through 2099 and R.S. 36:4(B)(14), 311, and 312, Highways and Public Works to Engrossed House Bill No. 1139 by relative to the Department of Labor; to change the name of the Representative Pope Department of Labor to the Louisiana Workforce Commission; to provide for the creation of the commission; to provide for the AMENDMENT NO. 1 executive director of the commission; to establish the purpose On page 1, line 2, after "(B)(1)" insert "and (2)" of the commission; to establish the powers and duties of the commission; to provide for employee performance evaluations; AMENDMENT NO. 2 to require the integration of certain workforce development On page 1, delete lines 3 and 4, and insert "to provide for driver programs; to provide for client accessibility; to authorize the actions upon approach to certain emergency vehicles; to provide for executive director to delegate certain functions; to require the low-" design and implementation of a plan for workforce training and services; to provide for the administration of funding; to provide AMENDMENT NO. 3 relative to block grants for local workforce development areas; On page 1, delete lines 12 through 18 and insert: to establish legislative intent; to provide for definitions; to "B. When an authorized emergency any vehicle making use of require the maintenance of a comprehensive labor market any visual signals as authorized by law, including the display of information system; to require entities to cooperate with the alternately flashing amber or yellow warning lights is parked on or commission; to provide for the availability of consumer near the highway, the driver of every other vehicle, as soon as it is information; to provide with respect to data exchange; to safe, shall proceed as follows except when otherwise directed by a provide for the Occupational Forecasting Conference and its police officer: duties; to provide for the development and management of (1) When driving on an interstate highway or other highway workforce system information resources; to change the name of with two or more lanes traveling in the same direction as the the Louisiana Workforce Commission to the Louisiana emergency vehicle, yield the right of way by making a lane change Workforce Investment Council and to establish its purposes; to into a lane not adjacent to that of the authorized vehicle, if possible provide for the membership of the council; to provide with due regard to safety and traffic conditions or if unable to make

1109 Page 18 SENATE 37th DAY'S PROCEEDINGS June 3, 2008 a lane change, slow to a reasonably safe speed of twenty-five miles with the secretary of the Department of Revenue; to provide a per hour until it is safe to proceed at the posted speed limit and merge conclusive presumption of authority of person signing return, into the lane farthest from the emergency vehicle. agreement, form, or other document on behalf of a person or (2) When driving on a two-lane road, slow to a speed of twenty- other legal entity; to provide for an effective date; and to five miles per hour or the posted speed, whichever is lower, until it provide for related matters. is safe to proceed at the posted speed limit Maintain a safe speed for road conditions, if unable or unsafe to change lanes." Reported favorably by the Committee on Revenue and Fiscal Affairs. Under the provisions of Joint Rule No. 3 of the Rules of the On motion of Senator McPherson, the committee amendment Senate, the bill was read by title and referred to the Legislative was adopted. Under the provisions of Joint Rule No. 3 of the Rules Bureau. of the Senate, the amended bill was read by title and referred to the Legislative Bureau. HOUSE BILL NO. 1190— BY REPRESENTATIVE HENRY BURNS HOUSE BILL NO. 1141— AN ACT BY REPRESENTATIVES LEGER AND HUTTER To repeal R.S. 2:1(5) and 2 through 4, relative to aeronautics; to AN ACT repeal the definition of "aircraft registrar;" to repeal the To amend and reenact R.S. 38:247(D) and to enact R.S. 38:247(E) provisions relative to aircraft registration; and to repeal the and R.S. 49:213.4(E), relative to hurricane protection projects; provisions regarding qualifications of pilots to obtain, possess, to prohibit any state agency or entity from entering into certain and display licenses. contracts with the United States Army Corps of Engineers relative to hurricane protection projects; and to provide for Reported favorably by the Committee on Transportation, related matters. 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 referred to Reported with amendments by the Committee on Transportation, the Legislative Bureau. Highways and Public Works. HOUSE BILL NO. 1206— SENATE COMMITTEE AMENDMENTS BY REPRESENTATIVES DOVE AND BALDONE AND SENATORS DUPRE AND B. GAUTREAUX AN ACT Amendments proposed by Senate Committee on Transportation, To enact Chapter 34 of Title 25 of the Louisiana Revised Statutes of Highways and Public Works to Engrossed House Bill No. 1141 by 1950, to be comprised of R.S. 25:1311 through 1316 and R.S. Representative Leger 36:744(M) and 801.21, relative to the South Louisiana Wetlands Discovery Center; to provide for legislative intent; to provide for AMENDMENT NO. 1 creation, domicile, and membership of a commission; to provide On page 1, at the end of line 19, insert: "The independent third-party for powers and duties of the commission; to provide for reviewer and evaluator provided for in the contract shall be approved donations and grants; to provide for operating funds; to place the by both the United States Corp of Engineers and the nonfederal center and the commission in the Department of State and to sponsor." provide for the powers and functions of the department and the AMENDMENT NO. 2 secretary of state relative thereto; to provide for rules; and to On page 2, at the end of line 14, insert: "The independent third-party provide for related matters. reviewer and evaluator provided for in the contract shall be approved Reported favorably by the Committee on Local and Municipal by both the United States Corp of Engineers and the nonfederal Affairs. Under the provisions of Joint Rule No. 3 of the Rules of the sponsor." Senate, the bill was read by title and referred to the Legislative On motion of Senator McPherson, the committee amendment Bureau. was adopted. Under the provisions of Joint Rule No. 3 of the Rules HOUSE BILL NO. 1240— of the Senate, the amended bill was read by title and referred to the BY REPRESENTATIVE HONEY Legislative Bureau. AN ACT To amend and reenact R.S. 47:463.31(C) and (E), relative to special HOUSE BILL NO. 1169— college and university license plates; to provide for an annual BY REPRESENTATIVE RITCHIE AN ACT royalty fee; to provide for the amount of fees forwarded to the To amend and reenact R.S. 47:1838(introductory paragraph), relative specific institution; and to provide for related matters. to the Louisiana Tax Commission; to authorize the continued Reported favorably by the Committee on Transportation, assessment and collection of fees assessed in connection with Highways and Public Works. Under the provisions of Joint Rule No. services performed by the commission; and to provide for 3 of the Rules of the Senate, the bill was read by title and referred to related matters. the Legislative Bureau. Reported favorably by the Committee on Revenue and Fiscal HOUSE BILL NO. 1252— Affairs. Under the provisions of Joint Rule No. 3 of the Rules of the BY REPRESENTATIVE MONTOUCET Senate, the bill was read by title and referred to the Legislative AN ACT Bureau. To enact R.S. 33:1994.1, relative to hours of work for firemen; to provide relative to the maximum number of consecutive hours HOUSE BILL NO. 1188— firemen may be required to work; to provide exceptions; to BY REPRESENTATIVE GREENE AN ACT provide for the minimum number of consecutive hours off duty To enact R.S. 47:1671, relative to authorized signatures on tax to which a fireman shall be entitled under certain circumstances; returns, agreements, and other documents; to require persons and to provide for related matters. who sign a document to have authority or power to execute the Reported favorably by the Committee on Local and Municipal document; to provide for the validity of returns, agreements, Affairs. Under the provisions of Joint Rule No. 3 of the Rules of the forms, and other documents executed or entered into, or filed, Senate, the bill was read by title and referred to the Legislative Bureau.

1110 37th DAY'S PROCEEDINGS Page 19 SENATE June 3, 2008

HOUSE BILL NO. 1256— AMENDMENT NO. 2 BY REPRESENTATIVE DOWNS On page 1, line 14, after "train" delete the semicolon ";" AN ACT To amend and reenact R.S. 17:53, relative to city, parish, and other AMENDMENT NO. 3 local public school board members; to provide that school board On page 2, between lines 8 and 9, insert the following: members shall receive training and instruction annually; to "C. The driver of any school bus, in addition to the require that a certain minimum number of hours focus on certain requirements of Subsection B of this Section, after coming to a topics for school board members in certain districts; to provide complete stop, shall open the door of the school bus and shall leave for effectiveness; and to provide for related matters. it open while ascertaining that no train or other vehicle is approaching on the railroad track from either side and until Reported favorably by the Committee on Education. Under the immediately prior to proceeding over the railroad crossing." provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was read by title and referred to the Legislative Bureau. On motion of Senator McPherson, the committee amendment was adopted. Under the provisions of Joint Rule No. 3 of the Rules HOUSE BILL NO. 1276— of the Senate, the amended bill was read by title and referred to the BY REPRESENTATIVE CHAMPAGNE AN ACT Legislative Bureau. To enact R.S. 33:3819(E), relative to the Southeast Waterworks District No. 2 of Vermilion Parish; to authorize the Vermilion Rules Suspended Parish governing authority to increase the per diem paid to the members of the board of commissioners of the district; and to Senator Marionneaux asked for and obtained a suspension of the provide for related matters. rules for the purpose of taking up at this time. Reported favorably by the Committee on Local and Municipal Senate Resolutions Just Advanced Affairs. Under the provisions of Joint Rule No. 3 of the Rules of the to a Second Reading Senate, the bill was read by title and referred to the Legislative Bureau. The following Senate Resolutions just advanced to a second reading were read and acted upon as follows: HOUSE BILL NO. 1347— BY REPRESENTATIVES AUSTIN BADON, TIM BURNS, CARTER, CONNICK, CROMER, GREENE, HAZEL, HENRY, LIGI, LORUSSO, SENATE RESOLUTION NO. 108— MONICA, PEARSON, PERRY, PUGH, ROBIDEAUX, SCHRODER, BY SENATOR MARIONNEAUX SMILEY, TALBOT, AND TUCKER A RESOLUTION AN ACT To express the sincere and heartfelt condolences of the Senate of the To enact Chapter 43 of Title 17 of the Louisiana Revised Statutes of Legislature of Louisiana to the family of Louisiana Army 1950, to be comprised of R.S. 17:4011 through 4025, relative to National Guard Sergeant Brandon Boudreaux upon his death on educational options for parents and other legal guardians; to active duty. establish and provide for the implementation of the Student Scholarships for Educational Excellence Program; to provide for On motion of Senator Marionneaux, the resolution was read by legislative findings; to provide for definitions; to provide title and adopted. relative to the duties and responsibilities of the State Board of Elementary and Secondary Education and the state Department SENATE RESOLUTION NO. 109— of Education; to provide relative to eligibility and participation BY SENATORS MARIONNEAUX, ADLEY, ALARIO, AMEDEE, BROOME, CASSIDY, CHAISSON, CHEEK, CRAVINS, CROWE, DONAHUE, requirements for students and schools; to provide relative to DORSEY, DUPLESSIS, DUPRE, ERDEY, B. GAUTREAUX, N. selection and enrollment of eligible students; to provide relative GAUTREAUX, GRAY, HEBERT, HEITMEIER, JACKSON, KOSTELKA, to funding and payments to eligible schools including eligible LAFLEUR, LONG, MARTINY, MCPHERSON, MICHOT, MORRISH, MOUNT, MURRAY, NEVERS, QUINN, RISER, SHAW, SHEPHERD, nonpublic schools; to provide relative to testing; to provide for SMITH, THOMPSON AND WALSWORTH reports; and to provide for related matters. A RESOLUTION To express the sincere and heartfelt condolences of the Senate of the Reported favorably by the Committee on Finance. Under the Legislature of Louisiana to the family of United States Army provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was Sergeant Terrell W. Gilmore upon his death in combat in read by title and referred to the Legislative Bureau. Operation Iraqi Freedom. HOUSE BILL NO. 1362— (Substitute for House Bill No. 1061 On motion of Senator Marionneaux, the resolution was read by by Representative Hutter) title and adopted. BY REPRESENTATIVE HUTTER AN ACT To enact R.S. 32:173.1 and to repeal R.S. 32:173, relative to railroad Rules Suspended crossings; to provide that commercial motor vehicles and buses transporting passengers abide by federal regulations pertaining Senator Marionneaux asked for and obtained a suspension of the to stopping at railroad crossings; and to provide for related rules for the purpose of taking up at this time. matters. Senate Resolutions Reported with amendments by the Committee on Transportation, on Second Reading, Subject to Call Highways and Public Works. The following Senate Resolutions, subject to call, were read and SENATE COMMITTEE AMENDMENTS acted upon as follows: Amendments proposed by Senate Committee on Transportation, Highways and Public Works to Reengrossed House Bill No. 1362 by Called from the Calendar Representative Hutter Senator Marionneaux asked that Senate Resolution No. 99 be AMENDMENT NO. 1 called from the Calendar at this time. On page 1, line 13, after "thereafter" insert ", the driver shall"

1111 Page 20 SENATE 37th DAY'S PROCEEDINGS June 3, 2008

SENATE RESOLUTION NO. 99— House Bills and Joint Resolutions on BY SENATORS MARIONNEAUX, ADLEY, ALARIO, AMEDEE, BROOME, CASSIDY, CHAISSON, CHEEK, CRAVINS, CROWE, DONAHUE, Third Reading DORSEY, DUPLESSIS, DUPRE, ERDEY, B. GAUTREAUX, N. GAUTREAUX, GRAY, HEBERT, HEITMEIER, JACKSON, KOSTELKA, and Final Passage LAFLEUR, LONG, MARTINY, MCPHERSON, MICHOT, MORRISH, MOUNT, MURRAY, NEVERS, QUINN, RISER, SHAW, SHEPHERD, The following House Bills and Joint Resolutions on Third SMITH, THOMPSON AND WALSWORTH Reading and Final Passage were taken up and acted upon as follows: A RESOLUTION To express the sincere and heartfelt condolences of the Senate of the HOUSE BILL NO. 340— Legislature of Louisiana to the family of United States Marine BY REPRESENTATIVE MORRELL Corps Lance Corporal Thomas Adams, Jr., for his loss in the AN ACT Desert Shield Theater of Operations while bravely serving his To amend and reenact R.S. 42:1124.2(A), relative to financial country during the mission to restore freedom and democracy to disclosure; to require certain public employees in the the conquered people of Kuwait. Department of Public Safety and Corrections to file financial disclosure reports; to provide for penalties; and to provide for On motion of Senator Marionneaux, the resolution was read by related matters. title and adopted. Floor Amendments Sent Up Senate Concurrent Resolutions on Second Reading Senator Cassidy sent up floor amendments which were read. Reported by Committees SENATE FLOOR AMENDMENTS The following Senate Concurrent Resolutions reported by Committees were taken up and acted upon as follows: Amendments proposed by Senator Cassidy to Engrossed House Bill No. 340 by Representative Morrell SENATE CONCURRENT RESOLUTION NO. 65— BY SENATOR CROWE AMENDMENT NO. 1 A CONCURRENT RESOLUTION On page 1, line 19, after "and Corrections." insert "However, the To memorialize the Congress of the United States to provide provisions of this Subsection shall not require the disclosure of the financial support for the establishment and construction of a location or address of a warden's residence, whether that residence is general aviation facility in the lower portion of Plaquemines titled in his name or in the name of his spouse or of one of his Parish. children." Reported favorably by the Committee on Transportation, On motion of Senator Cassidy, the amendments were adopted. Highways and Public Works. Floor Amendments Sent Up The resolution was read by title. Senator Crowe moved to adopt the Senate Concurrent Resolution. Senator Cassidy sent up floor amendments which were read. ROLL CALL SENATE FLOOR AMENDMENTS The roll was called with the following result: Amendments proposed by Senator Cassidy to Engrossed House Bill No. 340 by Representative Morrell YEAS AMENDMENT NO. 1 Mr. President Dupre McPherson On page 1, line 19, after "and Corrections." insert "However, the Adley Erdey Morrish provisions of this Subsection shall not require the disclosure of the Alario Gautreaux B Mount location or address of the place of employment of the spouse of the Amedee Gautreaux N Murray warden." Broome Gray Nevers Cassidy Hebert Quinn On motion of Senator Cassidy, the amendments were adopted. Cheek Heitmeier Riser Cravins Kostelka Shaw The bill was read by title. Senator Cravins moved the final Crowe LaFleur Shepherd passage of the amended bill. Donahue Long Smith Dorsey Marionneaux Thompson ROLL CALL Duplessis Martiny Walsworth Total - 36 The roll was called with the following result: NAYS YEAS Total - 0 ABSENT Cravins Gray Murray Duplessis Heitmeier Jackson Michot Gautreaux B Jackson Total - 2 Total - 7 NAYS The Chair declared the Senate had adopted the Senate Concurrent Resolution and ordered it sent to the House. Adley Dupre Nevers Alario Erdey Quinn Amedee Hebert Riser Broome Kostelka Shaw

1112 37th DAY'S PROCEEDINGS Page 21 SENATE June 3, 2008

Cassidy Long Shepherd Notice Regarding Vote Cheek Marionneaux Smith Crowe Michot Thompson Senator Michot stated he appeared as absent on the vote on Donahue Morrish Walsworth House Bill No. 370. He had intended to vote yea on the bill. He Dorsey Mount asked that the Official Journal so state. Total - 26 ABSENT HOUSE BILL NO. 635— BY REPRESENTATIVE GREENE Mr. President LaFleur McPherson AN ACT Gautreaux N Martiny To amend and reenact R.S. 42:1124.2(A), relative to financial Total - 5 disclosure; to require certain persons to file financial disclosure reports; to provide for penalties; and to provide for related The Chair declared the amended bill failed to pass. matters. Notice of Reconsideration On motion of Senator Amedee, the bill was read by title and returned to the Calendar, subject to call. Senator Cravins, pursuant to Senate Rule Number 11.12, gave notice that before the expiration of the Morning Hour of the next HOUSE BILL NO. 678— BY REPRESENTATIVES GREENE, ABRAMSON, FOIL, ROSALIND succeeding legislative day of the Senate, he would move to JONES, AND LEGER reconsider the vote by which the amended bill failed to pass. AN ACT To amend and reenact R.S. 42:1125(B) and (C), relative to HOUSE BILL NO. 370— gubernatorial transition and inauguration; to provide for BY REPRESENTATIVES HENRY, AUSTIN BADON, BOBBY BADON, BARRAS, BARROW, BURFORD, HENRY BURNS, TIM BURNS, reporting of contributions and expenditures; to provide relative CARMODY, CARTER, CAZAYOUX, CHAMPAGNE, CHANEY, CONNICK, to applicability and effectiveness; and to provide for related CORTEZ, CROMER, DANAHAY, EDWARDS, ELLINGTON, FANNIN, matters. GEYMANN, GREENE, GUINN, HARRISON, HAZEL, HINES, HOFFMANN, HOWARD, HUTTER, JOHNSON, KATZ, KLECKLEY, LABRUZZO, LAMBERT, LEBAS, LIGI, LITTLE, LOPINTO, LORUSSO, MCVEA, MILLS, On motion of Senator Amedee, the bill was read by title and MONICA, MORRIS, NORTON, NOWLIN, PEARSON, PERRY, POPE, returned to the Calendar, subject to call. PUGH, RICHARD, RICHARDSON, SCHRODER, SIMON, SMILEY, GARY SMITH, JANE SMITH, TALBOT, TEMPLET, TRAHAN, TUCKER, WADDELL, WHITE, WILLIAMS, WILLMOTT, AND WOOTON AND HOUSE BILL NO. 842— SENATORS DONAHUE, MARTINY, MICHOT, MORRISH, NEVERS, AND BY REPRESENTATIVES GALLOT AND TUCKER SCALISE AN ACT AN ACT To amend and reenact R.S. 18:1495.7(A), R.S. 42:1124(A)(1), To enact R.S. 40:1299.36, relative to human cloning; to prohibit the (C)(8), and (D)(2), 1124.2(A) and (C)(5)(b), (c), and (d) and (8), expenditure of public funding for the purpose of human cloning; 1124.3(A), and 1124.4(D)(1)(a), and Section 6 of Act No. 1 of to provide for exceptions; to provide for an effective date; and the 2008 First Extraordinary Session of the Legislature and to to provide for related matters. enact R.S. 42:1124.3(D)(3) and Section 7 of Act No. 1 of the 2008 First Extraordinary Session of the Legislature, relative to The bill was read by title. Senator Morrish moved the final financial disclosure; to provide relative to certain disclosures by passage of the bill. certain public servants; to provide relative to certain disclosures by candidates for certain offices; to provide relative to deadlines ROLL CALL for filing certain such disclosures; to provide relative to the content of such disclosures; to provide for certain actions by the The roll was called with the following result: Board of Ethics relative to such disclosures; to provide for definitions; to provide for penalties; to provide for effectiveness; YEAS and to provide for related matters. Mr. President Dupre McPherson The bill was read by title. Senator Kostelka moved the final Adley Erdey Morrish passage of the bill. Alario Gautreaux B Mount Amedee Gautreaux N Murray ROLL CALL Broome Gray Nevers Cassidy Hebert Quinn The roll was called with the following result: Cheek Heitmeier Riser Cravins Kostelka Shaw YEAS Crowe LaFleur Smith Donahue Long Thompson Mr. President Erdey Michot Dorsey Marionneaux Walsworth Adley Gautreaux B Morrish Duplessis Martiny Alario Gautreaux N Mount Total - 35 Amedee Gray Murray NAYS Broome Hebert Nevers Cassidy Heitmeier Quinn Total - 0 Cheek Jackson Riser ABSENT Cravins Kostelka Shaw Crowe LaFleur Shepherd Jackson Michot Shepherd Donahue Long Smith Total - 3 Dorsey Marionneaux Thompson Duplessis Martiny Walsworth The Chair declared the bill was passed and returned to the Dupre McPherson House. Senator Morrish moved to reconsider the vote by which the Total - 38 bill was passed and laid the motion on the table.

1113 Page 22 SENATE 37th DAY'S PROCEEDINGS June 3, 2008

NAYS ROLL CALL Total - 0 The roll was called with the following result: ABSENT YEAS Total - 0 Mr. President Dupre McPherson The Chair declared the bill was passed and returned to the Adley Erdey Morrish House. Senator Kostelka moved to reconsider the vote by which the Alario Gautreaux B Mount bill was passed and laid the motion on the table. Amedee Gautreaux N Murray Broome Gray Nevers HOUSE BILL NO. 911— Cassidy Hebert Quinn BY REPRESENTATIVES GALLOT, ARNOLD, BOBBY BADON, BALDONE, BILLIOT, BURRELL, DIXON, DOWNS, GISCLAIR, HARDY, Cheek Heitmeier Riser HINES, HUTTER, LEGER, NORTON, RICHARD, ST. GERMAIN, TUCKER, Cravins Kostelka Shaw AND WOOTON Crowe LaFleur Shepherd AN ACT Donahue Long Smith To amend and reenact R.S. 42:1123(13), relative to the acceptance of Dorsey Marionneaux Thompson certain things of economic value; to provide relative to the Duplessis Martiny Walsworth acceptance of complimentary admission to certain events by Total - 36 public servants; and to provide for related matters. NAYS On motion of Senator Broome, the bill was read by title and Total - 0 returned to the Calendar, subject to call. ABSENT HOUSE BILL NO. 1002— Jackson Michot BY REPRESENTATIVE GALLOT Total - 2 AN ACT To amend and reenact R.S. 42:1113(D)(1)(a)(iii) and (iv) and (c), (2), The Chair declared the amended bill was passed and returned to (3), and (4) and 1114.3(A)(1) and (2), to enact R.S. the House. Senator LaFleur moved to reconsider the vote by which 42:1113(D)(5), and to repeal R.S. 42:1113(E), relative to the bill was passed and laid the motion on the table. conflicts of interest; to provide relative to certain contracts involving certain public servants and certain affiliated persons HOUSE BILL NO. 1360— (Substitute for House Bill No. 412 by and entities; to provide relative to restrictions of such contracts; Representative Mills) to provide for disclosure relative to such contracts; to provide BY REPRESENTATIVES MILLS AND ELLINGTON for enforcement and penalties; to provide relative to AN ACT applicability; to provide exceptions; to provide for effectiveness; To enact R.S. 22:170.2, relative to life insurance policies and and to provide for related matters. annuities; to provide with respect to any such policy or annuity issued to fund a pre-need funeral contract; to provide for the On motion of Senator Broome, the bill was read by title and relationship of a funeral establishment to such a policy or returned to the Calendar, subject to call. contract; and to provide for related matters. HOUSE BILL NO. 1113— BY REPRESENTATIVE MONICA Floor Amendments Sent Up AN ACT To amend and reenact R.S. 22:1021, 1024, and 1027 and to repeal Senator Hebert sent up floor amendments which were read. R.S. 22:1023, 1025, and 1026, relative to statutory deposits of insurers; to provide for the amount of the deposit; to provide for SENATE FLOOR AMENDMENTS delivery of home state certifications; to eliminate surety bonds in lieu of deposits; to eliminate additional deposits of surety Amendments proposed by Senator Hebert to Reengrossed House Bill insurers; to eliminate conditions of additional deposits; and to No. 1360 by Representative Mills provide for related matters. AMENDMENT NO. 1 On page 1, line 10, after "contract" delete "shall not" and insert Floor Amendments Sent Up "may" Senator LaFleur sent up floor amendments which were read. AMENDMENT NO. 2 On page 1, line 20, after "insurer" strike "shall not" and insert "may" SENATE FLOOR AMENDMENTS AMENDMENT NO. 3 Amendments proposed by Senator LaFleur to Engrossed House Bill On page 2, between lines 4 and 5, insert the following: No. 1113 by Representative Monica "C. If the funeral establishment named as a primary beneficiary or assignee does not provide the funeral services or merchandise for AMENDMENT NO. 1 the insured, the contingent beneficiary named in the life insurance On page 2, after line 17 insert the following: policy, or annuity, shall receive the proceeds of the life insurance "Section 3. This Act shall become effective on January 1, policy or annuity. 2009." D. The insured may name the funeral establishment as beneficiary of a life insurance policy or annuity in an irrevocable On motion of Senator LaFleur, the amendments were adopted. waiver of their right to surrender the coverage for cash. The insured may also sign an irrevocable waiver of their right to obtain a loan The bill was read by title. Senator LaFleur moved the final against the coverage. The insured may also grant the general passage of the amended bill.

1114 37th DAY'S PROCEEDINGS Page 23 SENATE June 3, 2008 establishment the ownership of the coverage with an irrevocable HOUSE BILL NO. 299— waiver. The insured may also assign the coverage to a funeral BY REPRESENTATIVE MORRELL establishment with an irrevocable waiver." AN ACT To enact R.S. 33:2740.69, relative to Orleans Parish; to create the Senator Hebert moved adoption of the amendments. Gentilly Development District within the parish; to provide relative to the boundaries, purpose, and powers and duties of the Senator LaFleur objected. district; to provide relative to district funding, including the authority to levy taxes; and to provide for related matters. ROLL CALL On motion of Senator Murray, the bill was read by title and The roll was called with the following result: returned to the Calendar, subject to call. HOUSE BILL NO. 359— YEAS BY REPRESENTATIVES LAFONTA, ABRAMSON, ARNOLD, AUSTIN BADON, BALDONE, BILLIOT, BURRELL, DANAHAY, DIXON, Amedee Hebert Quinn FRANKLIN, GISCLAIR, HARDY, HARRISON, HINES, ROSALIND JONES, LEGER, MARCHAND, MORRELL, NORTON, RICHARD, RICHMOND, Gautreaux N Marionneaux Shepherd AND TUCKER AND SENATOR MURRAY Total - 6 AN ACT NAYS To enact R.S. 17:170.3, relative to immunizations; to require certain school boards to provide information relative to human Mr. President Dorsey Martiny papillomavirus to certain students; to provide for rules and Adley Erdey Michot regulations; and to provide for related matters. Alario Gautreaux B Morrish Cassidy Gray Mount The bill was read by title. Senator Gray moved the final passage Cheek Heitmeier Murray of the bill. Cravins Kostelka Shaw Crowe LaFleur Smith Donahue Long Walsworth ROLL CALL Total - 24 ABSENT The roll was called with the following result: Broome Jackson Riser YEAS Duplessis McPherson Thompson Dupre Nevers Mr. President Duplessis Marionneaux Total - 8 Adley Dupre Martiny Alario Erdey McPherson The Chair declared the amendments were rejected. Amedee Gautreaux B Morrish Cassidy Gray Mount The bill was read by title. Senator LaFleur moved the final Cheek Hebert Murray passage of the bill. Cravins Heitmeier Quinn Donahue Kostelka Shepherd Dorsey LaFleur Smith ROLL CALL Total - 27 NAYS The roll was called with the following result: Crowe Riser Thompson YEAS Long Shaw Walsworth Total - 6 Mr. President Erdey Morrish ABSENT Adley Gautreaux B Mount Alario Gautreaux N Murray Broome Jackson Nevers Amedee Gray Nevers Gautreaux N Michot Broome Hebert Quinn Total - 5 Cassidy Heitmeier Riser Cheek Kostelka Shaw The Chair declared the bill was passed and returned to the Cravins LaFleur Shepherd House. Senator Gray moved to reconsider the vote by which the bill Crowe Long Smith was passed and laid the motion on the table. Donahue Marionneaux Thompson Dorsey Martiny Walsworth HOUSE BILL NO. 773— Duplessis McPherson BY REPRESENTATIVE MICHAEL JACKSON Dupre Michot AN ACT Total - 37 To enact R.S. 33:9097.4, relative to East Baton Rouge Parish; to NAYS create the Capital Heights Neighborhood Improvement District within the parish; to provide relative to the purpose, Total - 0 governance, and powers and duties of the district; to provide for ABSENT the imposition and collection of a parcel fee and for the use thereof; and to provide for related matters. Jackson Total - 1 On motion of Senator Broome, the bill was read by title and returned to the Calendar, subject to call. The Chair declared the bill was passed and returned to the House. Senator LaFleur moved to reconsider the vote by which the bill was passed and laid the motion on the table.

1115 Page 24 SENATE 37th DAY'S PROCEEDINGS June 3, 2008

HOUSE BILL NO. 805— AMENDMENT NO. 3 BY REPRESENTATIVES HENRY BURNS, JANE SMITH, AND ST. On page 1, line 5 after "title;" insert "to provide certain terms, GERMAIN AN ACT conditions, procedures and requirements; to provide procedures for To enact R.S. 47:463.136, relative to motor vehicle special prestige title and registration of certain trailers and mobile homes; to provide license plates; to provide for the creation of the St. Jude relative to rules and regulations;" Children's Research Hospital special prestige license plate; to provide for the issuance of such plate; to provide relative to the AMENDMENT NO. 4 fee for such plate; to provide for the use of such fee; to authorize On page 1, line 8 after "reenacted" insert "and R.S. 32:707.4 is the promulgation of rules and regulations; to provide for an hereby enacted" effective date; and to provide for related matters. AMENDMENT NO. 5 On page 3, between lines 6 and 7 insert the following: The bill was read by title. Senator Shaw moved the final "* * * passage of the bill. §707.4. Alternate procedure to title trailers A. Every owner of a trailer, light-trailer, boat trailer, farm trailer, ROLL CALL travel trailer, and mobile home, as defined according to R.S. 47:451, which has not been previously titled or licensed in another state, and The roll was called with the following result: for which no record exists with the Department, shall be eligible to receive a certificate of title and register the trailer with the YEAS Department of Public Safety and Corrections if the following conditions are met: Mr. President Dupre Michot (1) The individual applicant shall sign a Hold Harmless Adley Erdey Morrish Affidavit, on a form approved by the department, in the presence of Alario Gautreaux B Mount a commissioned notary public of this state. Amedee Gray Murray (2) The individual applicant shall sign a sworn affidavit Broome Hebert Nevers describing in full detail the act translative of ownership by which the Cassidy Heitmeier Quinn individual applicant claims to have acquired ownership of the trailer Cheek Kostelka Shaw in question, list any individuals involved in the acquisition of the Cravins LaFleur Shepherd trailer, and the purchase price of the trailer. This affidavit shall Crowe Long Smith include the full description of the trailer, make, model, and vehicle Donahue Marionneaux Thompson identification number, and the affiant shall sign the affidavit in the Dorsey Martiny Walsworth presence of a commissioned notary public of this state. Duplessis McPherson (3) The individual applicant shall sign a motor vehicle Total - 35 application issued by the Department of Public Safety and NAYS Corrections office of motor vehicles. (4) In the event the individual applicant cannot provide Total - 0 documentation proving ownership of the trailer, either a bill of sale ABSENT or receipt, the individual applicant must obtain two sworn affidavits from individuals who shall have personal knowledge of the manner Gautreaux N Jackson Riser in which the individual applicant acquired the ownership of the trailer Total - 3 in question. The affiant shall sign and date the affidavit, which shall include the full description of the trailer, make, model, and vehicle The Chair declared the bill was passed and returned to the identification number, in the presence of a commissioned notary House. Senator Shaw moved to reconsider the vote by which the bill public of this state. was passed and laid the motion on the table. (5) The owner of the trailer shall obtain a physical inspection of the trailer conducted by a Louisiana post-certified law enforcement HOUSE BILL NO. 809— officer as provided for in R.S. 47:477. BY REPRESENTATIVE LOPINTO (6) The owner of the trailer shall obtain a NCIC Check issued by AN ACT a Louisiana post-certified law enforcement officer or motor vehicle To amend and reenact R.S. 32:410(A)(3)(a)(ii) and 707(B) and to officer. enact R.S. 47:501(C), relative to requirements for driver's (B) Upon meeting the requirements of Paragraphs (A)(1) licenses, motor vehicle registrations, and certificates of title; to through (6) of this Section, the individual applicant shall present to provide for the definition of full legal name; to provide relative the department the documentation required in Paragraphs (A)(1) to application requirements for motor vehicle registrations and through (6) of this Section together with any fees or taxes that may certificates of title; and to provide for related matters. be due. (C) Upon the submission of the above referenced documentation Floor Amendments Sent Up to the department, the owner of the trailer shall be eligible to receive a Louisiana registration of the trailer and vehicle license plate for the Senator McPherson sent up floor amendments which were read. trailer in conjunction to R.S. 47:462. The department shall not issue a certificate of title for the trailer until the completion of one year SENATE FLOOR AMENDMENTS from the date of registration in which a motor vehicle officer must conduct a NCIC Check. With the verification from NCIC, the motor Amendments proposed by Senator McPherson to Engrossed House vehicle office shall print a Louisiana motor vehicle title for the trailer Bill No. 809 by Representative Lopinto and mail the title to the stated registered owner. (D) The department shall promulgate any rules and regulations AMENDMENT NO. 1 as are necessary to implement the provisions of this Section. On page 1, line 2 after "47:501(C)" and before "," insert "and 707.4" (E) The issuance of a title pursuant to this Section shall not preclude another person from judicially asserting their ownership to AMENDMENT NO. 2 the trailer in question." On page 1, line 3 after "vehicle" and before "registrations" insert "and trailer" AMENDMENT NO. 6 On page 4, line 3 after "Act" insert ", except for the provisions enacting R.S. 32:707.4,"

1116 37th DAY'S PROCEEDINGS Page 25 SENATE June 3, 2008

AMENDMENT NO. 7 Donahue Long Smith On page 4, after line 5 insert the following: Dorsey Marionneaux Thompson "Section 4. The provisions of R.S. 32:707.4 shall become Duplessis Martiny Walsworth effective on August 15, 2008." Dupre McPherson Total - 38 On motion of Senator McPherson, the amendments were NAYS adopted. Total - 0 The bill was read by title. Senator McPherson moved the final ABSENT passage of the amended bill. Total - 0 ROLL CALL The Chair declared the bill was passed and returned to the The roll was called with the following result: House. Senator Chaisson moved to reconsider the vote by which the bill was passed and laid the motion on the table. YEAS HOUSE BILL NO. 17— Mr. President Dupre McPherson BY REPRESENTATIVE ELLINGTON Adley Erdey Michot AN ACT Alario Gautreaux B Morrish To enact R.S. 13:961(F)(1)(t), relative to court reporters for the Amedee Gautreaux N Murray Thirty-Seventh Judicial District Court in Caldwell Parish; to Broome Gray Nevers provide for the fees to be charged for transcriptions and copies Cassidy Hebert Quinn in all cases; and to provide for related matters. Cheek Heitmeier Riser Cravins Kostelka Shaw The bill was read by title. Senator Riser moved the final passage Crowe LaFleur Shepherd of the bill. Donahue Long Smith Dorsey Marionneaux Thompson ROLL CALL Duplessis Martiny Walsworth Total - 36 The roll was called with the following result: NAYS YEAS Total - 0 ABSENT Mr. President Dupre Michot Adley Erdey Morrish Jackson Mount Alario Gautreaux B Mount Total - 2 Amedee Gautreaux N Murray Broome Hebert Nevers The Chair declared the amended bill was passed and returned to Cassidy Heitmeier Quinn the House. Senator McPherson moved to reconsider the vote by Cheek Kostelka Riser which the bill was passed and laid the motion on the table. Cravins LaFleur Shaw Crowe Long Shepherd HOUSE BILL NO. 1112— Donahue Marionneaux Smith BY REPRESENTATIVES GARY SMITH, BILLIOT, DIXON, AND Dorsey Martiny Thompson GISCLAIR Duplessis McPherson AN ACT Total - 35 To amend and reenact R.S. 38:100(introductory paragraph), 101, and NAYS 103(B), relative to the Westwego to Harvey Canal hurricane protection project; to provide for the extension of the West Total - 0 Bank and vicinity hurricane protection project; and to provide ABSENT for related matters. Gray Jackson Walsworth The bill was read by title. Senator Chaisson moved the final Total - 3 passage of the bill. The Chair declared the bill was passed and returned to the ROLL CALL House. Senator Riser 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. 27— YEAS BY REPRESENTATIVE JOHNSON AN ACT Mr. President Erdey Michot To enact R.S. 33:452, relative to mayors' courts; to require the Adley Gautreaux B Morrish appointment of a court magistrate for the mayor's court in Alario Gautreaux N Mount Evergreen; to provide for the powers of the magistrate; to Amedee Gray Murray provide for the salary of the magistrate; and to provide for Broome Hebert Nevers related matters. Cassidy Heitmeier Quinn Cheek Jackson Riser The bill was read by title. Senator Riser moved the final passage Cravins Kostelka Shaw of the bill. Crowe LaFleur Shepherd

1117 Page 26 SENATE 37th DAY'S PROCEEDINGS June 3, 2008

ROLL CALL The Chair declared the bill was passed and returned to the House. Senator Walsworth 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. 42— BY REPRESENTATIVE MONTOUCET Mr. President Erdey Morrish AN ACT Adley Gautreaux B Mount To amend and reenact R.S. 32:791(I), relative to used motor vehicle Alario Gautreaux N Murray dealers; to repeal an exemption that used motor vehicle dealers Amedee Gray Nevers selling certain all-terrain vehicles not be required to carry Broome Hebert Quinn minimum garage liability insurance coverage; and to provide for Cassidy Heitmeier Riser related matters. Cheek Kostelka Shaw Cravins LaFleur Shepherd The bill was read by title. Senator Morrish moved the final Crowe Long Smith passage of the bill. Donahue Marionneaux Thompson Dorsey Martiny Walsworth ROLL CALL Duplessis McPherson Dupre Michot The roll was called with the following result: Total - 37 NAYS YEAS Total - 0 Mr. President Dupre Michot ABSENT Adley Erdey Morrish Alario Gautreaux B Mount Jackson Amedee Gray Murray Total - 1 Broome Hebert Nevers Cassidy Heitmeier Riser The Chair declared the bill was passed and returned to the Cheek Kostelka Shaw House. Senator Riser moved to reconsider the vote by which the bill Cravins LaFleur Shepherd was passed and laid the motion on the table. Crowe Long Smith Donahue Marionneaux Thompson HOUSE BILL NO. 40— Dorsey Martiny Walsworth BY REPRESENTATIVES HAZEL AND NORTON Duplessis McPherson AN ACT Total - 35 To amend and reenact R.S. 14:82(B), (C), (D), and (E) and 82.1(B) NAYS and to enact R.S. 14:82(F) and 82.1(C), relative to prostitution; to provide with respect to the crimes of prostitution and Total - 0 prostitution involving persons under age seventeen; to provide ABSENT for a definition of "sexual intercourse"; and to provide for related matters. Gautreaux N Jackson Quinn Total - 3 The bill was read by title. Senator Walsworth moved the final passage of the bill. The Chair declared the bill was passed and returned to the House. Senator Morrish 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. 43— BY REPRESENTATIVE GEYMANN AN ACT YEAS To amend and reenact R.S. 51:1943(A)(1), relative to express Mr. President Dupre Michot warranties on new motor vehicles; to provide for changes in Adley Erdey Morrish express warranties on new motor vehicles; and to provide for Alario Gautreaux B Mount related matters. Amedee Gautreaux N Murray Broome Gray Nevers On motion of Senator Broome, the bill was read by title and Cassidy Hebert Quinn returned to the Calendar, subject to call. Cheek Heitmeier Riser HOUSE BILL NO. 53— Cravins LaFleur Shaw BY REPRESENTATIVE MILLS Crowe Long Shepherd AN ACT Donahue Marionneaux Smith To amend and reenact R.S. 29:735.2(A), relative to immunity of Dorsey Martiny Thompson health care providers providing emergency health care during a Duplessis McPherson Walsworth declared state of emergency; to extend the immunity of health Total - 36 care providers when rendering such care anywhere in the state; NAYS to provide for limitations; and to provide for related matters. Total - 0 The bill was read by title. Senator Cassidy moved the final ABSENT passage of the bill. Jackson Kostelka Total - 2

1118 37th DAY'S PROCEEDINGS Page 27 SENATE June 3, 2008

ROLL CALL The Chair declared the bill was passed and returned to the House. Senator Cheek moved to reconsider the vote by which the The roll was called with the following result: bill was passed and laid the motion on the table. YEAS HOUSE BILL NO. 73— BY REPRESENTATIVE AUSTIN BADON Mr. President Erdey Morrish AN ACT Adley Gautreaux B Mount To enact R.S. 14:95.1.2, relative to offenses affecting the public Alario Gautreaux N Murray safety; to create the crime of illegally supplying a felon with Amedee Gray Nevers ammunition; to provide for definitions; to provide for penalties; Broome Hebert Quinn and to provide for related matters. Cassidy Heitmeier Riser Cheek Kostelka Shaw On motion of Senator Gray, the bill was read by title and Cravins LaFleur Shepherd returned to the Calendar, subject to call. Crowe Long Smith HOUSE BILL NO. 98— Donahue Marionneaux Thompson BY REPRESENTATIVES LOPINTO, BILLIOT, CONNICK, HENRY, GIROD Dorsey Martiny Walsworth JACKSON, LABRUZZO, LIGI, TALBOT, AND WOOTON AND SENATOR Duplessis McPherson MARTINY Dupre Michot AN ACT Total - 37 To amend and reenact R.S. 42:1441.3(E) and (G), relative to public NAYS liability; to provide for civil liability for political subdivisions; to provide for the determination of master for liability purposes; Total - 0 to provide for political subdivisions acting as third-party payors; ABSENT and to provide for related matters. Jackson The bill was read by title. Senator Martiny moved the final Total - 1 passage of the bill. The Chair declared the bill was passed and returned to the ROLL CALL House. Senator Cassidy 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. 65— YEAS BY REPRESENTATIVE MORRIS AN ACT Mr. President Erdey Morrish To amend and reenact R.S. 40:1730.22(A) and (D), relative to the Adley Gautreaux B Mount Louisiana State Uniform Construction Code Council; to provide Alario Gautreaux N Murray for term limits on members of the council and a term limit for its Amedee Gray Nevers chairman; to provide for payment of expenses and mileage Broome Hebert Quinn incurred by members while attending council meetings; and to Cassidy Heitmeier Riser provide for related matters. Cheek Kostelka Shaw Cravins LaFleur Shepherd The bill was read by title. Senator Cheek moved the final Crowe Long Smith passage of the bill. Donahue Marionneaux Thompson Dorsey Martiny Walsworth ROLL CALL Duplessis McPherson Dupre Michot The roll was called with the following result: Total - 37 NAYS YEAS Total - 0 Mr. President Dupre Michot ABSENT Adley Erdey Morrish Alario Gautreaux B Murray Jackson Amedee Gautreaux N Nevers Total - 1 Broome Gray Quinn Cassidy Hebert Riser The Chair declared the bill was passed and returned to the Cheek Heitmeier Shaw House. Senator Martiny moved to reconsider the vote by which the Cravins LaFleur Shepherd bill was passed and laid the motion on the table. Crowe Long Smith Donahue Marionneaux Thompson HOUSE BILL NO. 143— Dorsey Martiny Walsworth BY REPRESENTATIVE CROMER Duplessis McPherson AN ACT Total - 35 To enact R.S. 13:5202(E), relative to the City Court of Slidell; to NAYS provide for the civil jurisdictional amount for the small claims division; and to provide for related matters. Total - 0 ABSENT The bill was read by title. Senator Crowe moved the final passage of the bill. Jackson Kostelka Mount Total - 3

1119 Page 28 SENATE 37th DAY'S PROCEEDINGS June 3, 2008

ROLL CALL HOUSE BILL NO. 154— BY REPRESENTATIVE MILLS AN ACT The roll was called with the following result: To enact R.S. 46:437.13(D), relative to the Department of Health and Hospitals; to provide authority for the department to certify that YEAS health care providers enrolled in the Medical Assistance Mr. President Erdey Morrish Program are out of business; to provide that out-of-business Adley Gautreaux B Mount providers cannot collect overpayments; and to provide for Alario Gautreaux N Murray related matters. Amedee Gray Nevers Broome Hebert Quinn The bill was read by title. Senator Cassidy moved the final Cassidy Heitmeier Riser passage of the bill. Cheek Kostelka Shaw Cravins LaFleur Shepherd ROLL CALL Crowe Long Smith Donahue Marionneaux Thompson The roll was called with the following result: Dorsey Martiny Walsworth Duplessis McPherson YEAS Dupre Michot Total - 37 Mr. President Erdey Michot NAYS Adley Gautreaux B Morrish Alario Gautreaux N Mount Total - 0 Amedee Gray Murray ABSENT Broome Hebert Nevers Cassidy Heitmeier Quinn Jackson Cheek Jackson Riser Total - 1 Cravins Kostelka Shaw Crowe LaFleur Shepherd The Chair declared the bill was passed and returned to the Donahue Long Smith House. Senator Crowe moved to reconsider the vote by which the Dorsey Marionneaux Thompson bill was passed and laid the motion on the table. Duplessis Martiny Walsworth Dupre McPherson HOUSE BILL NO. 144— Total - 38 BY REPRESENTATIVE CROMER NAYS AN ACT To amend and reenact R.S. 13:2487.2, relative to qualifications of Total - 0 office for the City Court of Slidell; to increase the time that a ABSENT city judge must have been licensed to practice law in the state prior to his election; and to provide for related matters. Total - 0 The bill was read by title. Senator Donahue moved the final The Chair declared the bill was passed and returned to the passage of the bill. House. Senator Cassidy moved to reconsider the vote by which the bill was passed and laid the motion on the table. ROLL CALL Senator Broome in the Chair The roll was called with the following result: HOUSE BILL NO. 157— YEAS BY REPRESENTATIVES CONNICK, BILLIOT, HENRY, LABRUZZO, LIGI, LOPINTO, WILLMOTT, AND WOOTON AND SENATORS HEITMEIER AND MARTINY Mr. President Erdey Morrish AN ACT Adley Gautreaux B Mount To amend and reenact R.S. 33:1373(D) and (E) and to enact R.S. Alario Gautreaux N Murray 33:1373(F) and (G), relative to powers of parish governing Amedee Gray Nevers authorities; to provide for civil judicial proceedings instituted on Broome Hebert Quinn the environmental docket; to provide for appeals; to provide for Cassidy Heitmeier Riser security; to provide for contempt; and to provide for related Cheek Kostelka Shaw matters. Cravins LaFleur Shepherd Crowe Long Smith Donahue Marionneaux Thompson Floor Amendments Sent Up Dorsey Martiny Walsworth Duplessis McPherson Senator Quinn sent up floor amendments which were read. Dupre Michot Total - 37 SENATE FLOOR AMENDMENTS NAYS Amendments proposed by Senator Quinn to Engrossed House Bill Total - 0 No. 157 by Representative Connick ABSENT AMENDMENT NO. 1 Jackson On page 2, line 14, between "defendant" and the comma "," insert Total - 1 "who takes an appeal" The Chair declared the bill was passed and returned to the On motion of Senator Quinn, the amendments were adopted. House. Senator Donahue 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 Quinn moved the final passage of the amended bill.

1120 37th DAY'S PROCEEDINGS Page 29 SENATE June 3, 2008

ROLL CALL HOUSE BILL NO. 188— BY REPRESENTATIVES KLECKLEY AND MONICA AN ACT The roll was called with the following result: To amend and reenact R.S. 22:215.13(D), relative to group health insurance; to provide for noncontinuation of benefits; and to YEAS provide for related matters. Mr. President Erdey Morrish Adley Gautreaux B Mount The bill was read by title. Senator Cravins moved the final Alario Gautreaux N Murray passage of the bill. Amedee Gray Nevers Broome Hebert Quinn ROLL CALL Cassidy Heitmeier Riser Cheek Kostelka Shaw The roll was called with the following result: Cravins LaFleur Shepherd Crowe Long Smith YEAS Donahue Marionneaux Thompson Dorsey Martiny Walsworth Mr. President Erdey Morrish Duplessis McPherson Adley Gautreaux B Mount Dupre Michot Alario Gautreaux N Murray Total - 37 Amedee Gray Nevers NAYS Broome Hebert Quinn Cassidy Heitmeier Riser Total - 0 Cheek Kostelka Shaw ABSENT Cravins LaFleur Shepherd Crowe Long Smith Jackson Donahue Marionneaux Thompson Total - 1 Dorsey Martiny Walsworth Duplessis McPherson The Chair declared the amended bill was passed and returned to Dupre Michot the House. Senator Quinn moved to reconsider the vote by which the Total - 37 bill was passed and laid the motion on the table. NAYS HOUSE BILL NO. 177— Total - 0 BY REPRESENTATIVES PONTI AND SCHRODER ABSENT AN ACT To amend and reenact R.S. 40:1573(3) and 1578.7(B), relative to the Jackson State Uniform Fire Prevention Code; to provide for definitions; Total - 1 to provide for exemptions to the State Uniform Fire Prevention Code; and to provide for related matters. The Chair declared the bill was passed and returned to the House. Senator Cravins moved to reconsider the vote by which the The bill was read by title. Senator Cassidy moved the final bill was passed and laid the motion on the table. passage of the bill. HOUSE BILL NO. 191— BY REPRESENTATIVE KLECKLEY ROLL CALL AN ACT To enact R.S. 22:250.34(E), relative to health insurance; to provide The roll was called with the following result: with respect to limitations on retroactive denial and recoupment YEAS of health insurance claims; and to provide for related matters. Mr. President Dupre Michot On motion of Senator Mount, the bill was read by title and Adley Erdey Morrish returned to the Calendar, subject to call. Alario Gautreaux B Mount HOUSE BILL NO. 197— Amedee Gautreaux N Murray BY REPRESENTATIVE EDWARDS Broome Gray Nevers AN ACT Cassidy Hebert Quinn To amend and reenact R.S. 32:1261(2)(j), relative to the repair of Cheek Heitmeier Riser school buses; to allow additional service providers for body Cravins Kostelka Shaw work performed on school buses; and to provide for related Crowe LaFleur Shepherd matters. Donahue Long Smith Dorsey Martiny Thompson The bill was read by title. Senator Nevers moved the final Duplessis McPherson Walsworth passage of the bill. Total - 36 NAYS ROLL CALL Marionneaux Total - 1 The roll was called with the following result: ABSENT YEAS Jackson Mr. President Erdey Michot Total - 1 Adley Gautreaux B Morrish Alario Gautreaux N Mount The Chair declared the bill was passed and returned to the Amedee Gray Murray House. Senator Cassidy moved to reconsider the vote by which the Broome Hebert Nevers bill was passed and laid the motion on the table. Cassidy Heitmeier Quinn

1121 Page 30 SENATE 37th DAY'S PROCEEDINGS June 3, 2008

Cheek Jackson Riser HOUSE BILL NO. 205— Cravins Kostelka Shaw BY REPRESENTATIVES MILLS AND LEBAS Crowe LaFleur Shepherd AN ACT Donahue Long Smith To amend and reenact R.S. 37:1207(B), 1208, 1213, 1214, and Dorsey Marionneaux Thompson 1230(C), relative to the Louisiana Pharmacy Practice Act; to Duplessis Martiny Walsworth provide for applications for renewal of licenses, registrations, Dupre McPherson certificates, and pharmacy permits; to provide for the waiver of Total - 38 renewal requirements while in military service; to provide for NAYS required notifications for changes of employment and mailing address; and to provide for related matters. Total - 0 ABSENT On motion of Senator Hebert, the bill was read by title and returned to the Calendar, subject to call. Total - 0 HOUSE BILL NO. 208— BY REPRESENTATIVE ARNOLD The Chair declared the bill was passed and sent to the House. AN ACT Senator Nevers moved to reconsider the vote by which the bill was To amend and reenact R.S. 36:746(A)(introductory paragraph), (B), passed and laid the motion on the table. (C), and (D) and R.S. 49:229(A) and (C)(introductory HOUSE BILL NO. 198— paragraph) and (3), relative to the First Stop Shop within the BY REPRESENTATIVE ARNOLD Department of State; to change the name from the First Stop AN ACT Shop to the office of GeauxBiz; and to provide for related To amend and reenact R.S. 40:1730.22(C), 1730.26(2), and matters. 1730.28(A)(introductory paragraph) and (C), relative to the adoption of the state uniform construction code; to provide for The bill was read by title. Senator Duplessis moved the final the adoption of an amendment to the state uniform construction passage of the bill. code after a showing that the amendment provides a reasonable degree of affordability; to require the review and evaluation of ROLL CALL each new edition of the International Residential Code upon its release; to require the update of the state uniform construction The roll was called with the following result: code within two years of the release of the latest edition; to require the evaluation, adoption, and amendment of only the YEAS latest editions of the codes and standards comprising the state uniform construction code; to require the evaluation and Mr. President Erdey Michot adoption of the latest edition of the International Residential Adley Gautreaux B Morrish Code; and to provide for related matters. Alario Gautreaux N Mount Amedee Gray Murray The bill was read by title. Senator Donahue moved the final Broome Hebert Nevers passage of the bill. Cassidy Heitmeier Quinn Cheek Jackson Riser ROLL CALL Cravins Kostelka Shaw Crowe LaFleur Shepherd The roll was called with the following result: Donahue Long Smith Dorsey Marionneaux Thompson YEAS Duplessis Martiny Walsworth Dupre McPherson Mr. President Erdey Michot Total - 38 Adley Gautreaux B Morrish NAYS Alario Gautreaux N Mount Amedee Gray Murray Total - 0 Broome Hebert Nevers ABSENT Cassidy Heitmeier Quinn Cheek Jackson Riser Total - 0 Cravins Kostelka Shaw Crowe LaFleur Shepherd The Chair declared the bill was passed and returned to the Donahue Long Smith House. Senator Duplessis moved to reconsider the vote by which the Dorsey Marionneaux Thompson bill was passed and laid the motion on the table. Duplessis Martiny Dupre McPherson HOUSE BILL NO. 220— BY REPRESENTATIVE ARNOLD Total - 37 AN ACT NAYS To amend and reenact R.S. 37:2156(A), 2168, and 2188(A), relative to licensing by the Louisiana State Licensing Board for Total - 0 Contractors; to provide for single or multiple year licensing of ABSENT contractors; to provide for new expiration dates on a contractor's Walsworth license; to provide for certain options for new licenses; and to Total - 1 provide for related matters. The Chair declared the bill was passed and returned to the The bill was read by title. Senator Duplessis moved the final House. Senator Donahue moved to reconsider the vote by which the passage of the bill. bill was passed and laid the motion on the table.

1122 37th DAY'S PROCEEDINGS Page 31 SENATE June 3, 2008

ROLL CALL HOUSE BILL NO. 241— BY REPRESENTATIVE WOOTON AN ACT The roll was called with the following result: To enact R.S. 14:72.1.1, relative to misappropriation without violence; to create the crime of forgery of insurance or an YEAS insurance identification card; to provide for definitions; to Mr. President Erdey Michot provide for penalties; and to provide for related matters. Adley Gautreaux B Morrish Alario Gautreaux N Mount On motion of Senator Mount, the bill was read by title and Amedee Gray Murray returned to the Calendar, subject to call. Broome Hebert Nevers HOUSE BILL NO. 247— Cassidy Heitmeier Quinn BY REPRESENTATIVE WOOTON Cheek Jackson Riser AN ACT Cravins Kostelka Shaw To amend and reenact R.S. 27:306(A)(4)(b)(introductory paragraph) Crowe LaFleur Shepherd and (7)(a), relative to the Video Draw Poker Devices Control Donahue Long Smith Law; to provide for the determination of the number of video Dorsey Marionneaux Thompson draw poker devices operated at truck stops based upon average Duplessis Martiny Walsworth monthly fuel sales calculated annually; to provide for the Dupre McPherson operation of twenty-five video draw poker devices at new truck Total - 38 stop facilities for ninety days without average fuel sale NAYS requirements; to provide for average monthly fuel sales calculated quarterly for the first year of operation and for Total - 0 monthly fuel sales calculated annually thereafter; and to provide ABSENT for related matters. Total - 0 The bill was read by title. Senator Chaisson moved the final passage of the bill. The Chair declared the bill was passed and returned to the House. Senator Duplessis moved to reconsider the vote by which the bill was passed and laid the motion on the table. ROLL CALL HOUSE BILL NO. 224— The roll was called with the following result: BY REPRESENTATIVES KLECKLEY AND MONICA AN ACT YEAS To amend and reenact R.S. 22:1078(B)(2), relative to fees assessed by the commissioner of insurance; to provide that each health Mr. President Dupre Michot maintenance organization shall pay an annual financial Alario Gautreaux B Mount regulation fee; and to provide for related matters. Amedee Gray Murray Cheek Jackson Quinn The bill was read by title. Senator Cravins moved the final Cravins LaFleur Shepherd passage of the bill. Dorsey Marionneaux Thompson Duplessis Martiny Total - 20 ROLL CALL NAYS The roll was called with the following result: Adley Kostelka Riser Broome Long Shaw YEAS Cassidy McPherson Smith Mr. President Erdey Michot Donahue Morrish Walsworth Adley Gautreaux B Morrish Erdey Nevers Alario Gautreaux N Mount Total - 14 Amedee Gray Murray ABSENT Broome Hebert Nevers Cassidy Heitmeier Quinn Crowe Hebert Cheek Jackson Riser Gautreaux N Heitmeier Cravins Kostelka Shaw Total - 4 Crowe LaFleur Shepherd Donahue Long Smith The Chair declared the was passed and returned to the House. Dorsey Marionneaux Thompson Senator Chaisson moved to reconsider the vote by which the bill was Duplessis Martiny Walsworth passed and laid the motion on the table. Dupre McPherson Total - 38 Notice Regarding Vote NAYS Senator Thompson stated he had voted in error on House Bill Total - 0 No. 247. He voted yea on the bill and had intended to vote nay. He ABSENT asked that the Official Journal so state. Total - 0 HOUSE BILL NO. 251— BY REPRESENTATIVES WOOTON AND BALDONE AN ACT The Chair declared the amended bill was passed and returned to To amend and reenact R.S. 15:574.10, relative to conviction of a the House. Senator Cravins moved to reconsider the vote by which felony while on parole; to provide that a new sentence of the bill was passed and laid the motion on the table. imprisonment of a conviction while a person is on parole shall be served concurrently; and to provide for related matters.

1123 Page 32 SENATE 37th DAY'S PROCEEDINGS June 3, 2008

The bill was read by title. Senator Amedee moved the final NAYS passage of the bill. Total - 0 ROLL CALL ABSENT The roll was called with the following result: Gautreaux N Total - 1 YEAS The Chair declared the bill was passed and returned to the Mr. President Gautreaux B Morrish House. Senator McPherson moved to reconsider the vote by which Adley Gautreaux N Mount the bill was passed and laid the motion on the table. Alario Gray Murray Amedee Hebert Nevers HOUSE BILL NO. 298— Broome Heitmeier Quinn BY REPRESENTATIVE ELLINGTON Cassidy Jackson Riser AN ACT Cheek Kostelka Shaw To enact R.S. 13:2115, relative to the City Court of Winnsboro; to Cravins LaFleur Shepherd authorize the transfer of surplus or unclaimed funds from the Crowe Long Smith court's civil fee account to the court's general operational fund; Donahue Marionneaux Thompson and to provide for related matters. Dorsey Martiny Walsworth Dupre McPherson The bill was read by title. Senator Riser moved the final passage Erdey Michot of the bill. Total - 37 NAYS ROLL CALL Total - 0 The roll was called with the following result: ABSENT YEAS Duplessis Total - 1 Mr. President Erdey Michot Adley Gautreaux B Morrish The Chair declared the bill was passed and returned to the Alario Gautreaux N Mount House. Senator Amedee moved to reconsider the vote by which the Amedee Gray Murray bill was passed and laid the motion on the table. Broome Hebert Nevers Cassidy Heitmeier Quinn HOUSE BILL NO. 290— Cheek Jackson Riser BY REPRESENTATIVES DIXON AND TUCKER Cravins Kostelka Shaw AN ACT Crowe LaFleur Shepherd To amend and reenact R.S. 42:1141(B)(1)(a) and (C)(1), (2), and (3), Donahue Long Smith relative to the enforcement of laws within the jurisdiction of the Dorsey Marionneaux Thompson Board of Ethics; to require the board to provide certain Duplessis Martiny Walsworth information to the accused and the complainant; to provide Dupre McPherson relative to deadlines for the provision of such information; to Total - 38 provide relative to the issuance of charges by the board; to NAYS provide relative to the content of such charges; to provide relative to hearings on such charges; to require the board to Total - 0 consider offering consent opinions; and to provide for related ABSENT matters. Total - 0 The bill was read by title. Senator McPherson moved the final passage of the bill. The Chair declared the bill was passed and returned to the House. Senator Riser moved to reconsider the vote by which the bill ROLL CALL was passed and laid the motion on the table. The roll was called with the following result: HOUSE BILL NO. 371— BY REPRESENTATIVE CONNICK AN ACT YEAS To enact R.S. 18:1505.2(I)(5), relative to the use of campaign funds Mr. President Erdey Morrish for payments or expenditures to family members of a candidate; Adley Gautreaux B Mount to prohibit the use of a campaign contribution, loan, or transfer Alario Gray Murray of funds by a candidate or the principal or any subsidiary Amedee Hebert Nevers political committee of a candidate to make any payment or Broome Heitmeier Quinn expenditure to any immediate family member of the candidate; Cassidy Jackson Riser to provide definitions and exceptions; to provide for penalties; Cheek Kostelka Shaw and to provide for related matters. Cravins LaFleur Shepherd Crowe Long Smith Floor Amendments Sent Up Donahue Marionneaux Thompson Dorsey Martiny Walsworth Senator Chaisson sent up floor amendments which were read. Duplessis McPherson Dupre Michot Total - 37

1124 37th DAY'S PROCEEDINGS Page 33 SENATE June 3, 2008

SENATE FLOOR AMENDMENTS NAYS Amendments proposed by Senator Chaisson to Engrossed House Bill Total - 0 No. 371 by Representative Connick ABSENT AMENDMENT NO. 1 Crowe Marionneaux On page 1, line 2, after "To" delete the remainder of the line and Total - 2 insert "amend and reenact R.S. 18:1483(14)(b), to enact R.S. 18:1505.2(I)(5), and to repeal R.S. 18:1483(14)(c) and 1501.2, The Chair declared the amended bill was passed and returned to relative to campaign finance; to provide for the use of campaign the House. Senator Martiny moved to reconsider the vote by which funds for payments or" the bill was passed and laid the motion on the table. AMENDMENT NO. 2 HOUSE BILL NO. 375— On page 1, line 7, after "exceptions;" insert "to provide for the BY REPRESENTATIVE DOVE definition of certain political committees; to remove provisions AN ACT requiring reporting of campaign contributions and expenditures by To amend and reenact R.S. 3:4383(C), R.S. 30:6.1(C), 77, 90(A), certain political organizations;" 101.10(A), 142(E)(3), 144(B), 1355(C)(4), 1356, 1402(A), 2004(9), 2011(D)(16) and (21)(e), 2050.7(E)(3), 2058(1), AMENDMENT NO. 3 2060(N)(10), 2106(B)(3), 2117(D) and (G), 2162(A)(2), On page 1, line 9, after "R.S. 18:" insert "1483(14)(b) is hereby 2179(C), 2191.1, 2195(B) and (E), 2195.9(A)(6), amended and reenacted and R.S. 18:" 2226(B)(introductory paragraph) and (E), 2377 (introductory paragraph), 2378(B), 2413(A)(8) and (9)(b), AMENDMENT NO. 4 2418(H)(introductory paragraph) and (3) and (J), 2457(C)(1), On page 1, between lines 9 and 10 insert the following: 2458(A)(1)(c), 2525(C)(18), and 2551(H), R.S. 31:149(A), R.S. "§1483. Definitions 38:245(B)(3), 3097.3(C)(10), and 3097.6(A), R.S. 41:16(B), As used in this Chapter, the following terms shall have the 134(D), 140(B), (C), and (F), 151(B), (C), (G), and meanings herein given to each unless the context clearly indicates (H),1702(D)(2)(d), and 1733(D), R.S. 49:213.4(A)(3), otherwise: 213.6(D)(1), 214.7(C), 214.9(C), 214.12(A)(1)(o), 214.37, * * * 953(F)(3)(h), and 968(B)(11), (13), and (22), and R.S. (14) * * * 56:109.2(B), 266(F), 279(E), 360.3(A)(5), 409.1(C), (b) Except as provided in Subparagraph (c) of this Paragraph, an 431.1(A)(2)(c), 575, 699.21(B)(12), 700.2(A)(3), 700.3(C), and An entity that during the reporting period has supported candidates 700.14(C), relative to the House Committee on Natural in states other than Louisiana; has received less than fifty percent of Resources and Environment; to provide for the oversight of its total receipts for the applicable reporting period from Louisiana rules and regulations, the receipt of certain reports, and the candidates or committees formed to support Louisiana candidates; approval of certain actions by the House Committee on Natural and has expended less than fifty percent, but not more than twenty Resources and Environment; to provide for instructions to the thousand dollars, of its total disbursements for the applicable Louisiana State Law Institute; and to provide for related matters. reporting period in support of or in opposition to Louisiana candidates shall not constitute a "political committee" for purposes Floor Amendments Sent Up of requirements of R.S. 18:1491.1 through 1491.8 which would require such an entity to keep records and submit reports. Senator Kostelka sent up floor amendments which were read. * * *" AMENDMENT NO. 5 SENATE FLOOR AMENDMENTS On page 3, before line 1 insert the following: "Section 2. R.S. 18:1483(14)(c) and 1501.2 are hereby Amendments proposed by Senator Kostelka to Reengrossed House repealed." Bill No. 375 by Representative Dove AMENDMENT NO. 6 AMENDMENT NO. 1 On page 3, line 1, change "Section 2." to "Section 3." On page 11, line 5, change "Beginning June 1, 1993, the" to "Beginning June 1, 1993, the The" On motion of Senator Chaisson, the amendments were adopted. On motion of Senator Kostelka, the amendments were adopted. The bill was read by title. Senator Martiny moved the final passage of the amended bill. Floor Amendments Sent Up ROLL CALL Senator Dupre sent up floor amendments which were read. The roll was called with the following result: SENATE FLOOR AMENDMENTS YEAS Amendments proposed by Senator Dupre to Reengrossed House Bill No. 375 by Representative Dove Mr. President Erdey Michot Adley Gautreaux B Morrish AMENDMENT NO. 1 Alario Gautreaux N Mount On page 2, line 2, after "Environment" insert "and the Senate Amedee Gray Murray Committee on Agriculture, Forestry, Aquaculture, and Rural Broome Hebert Nevers Development" Cassidy Heitmeier Quinn Cheek Jackson Riser AMENDMENT NO. 2 Cravins Kostelka Shaw On page 12, delete lines 13 and 14, and insert "Environment and the Donahue LaFleur Shepherd Senate Committee on Environmental Quality Committee of the Dorsey Long Smith Senate of all disbursements of monies from the Tank" Duplessis Martiny Thompson Dupre McPherson Walsworth Total - 36

1125 Page 34 SENATE 37th DAY'S PROCEEDINGS June 3, 2008

AMENDMENT NO. 3 Donahue Long Thompson On page 27, line 19, delete "However In addition" and insert Dorsey Marionneaux Walsworth "However" Dupre Martiny Total - 35 AMENDMENT NO. 4 NAYS On page 27, line 22, delete "the House Committee on the Environment and" and insert "the House Committee on the Natural Total - 0 Resources and Environment and" ABSENT On motion of Senator Dupre, the amendments were adopted. Duplessis Nevers Quinn Total - 3 The bill was read by title. Senator Dupre moved the final passage of the amended bill. The Chair declared the bill was passed and returned to the House. Senator Cravins 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. 391— BY REPRESENTATIVE WOOTON AN ACT YEAS To amend and reenact R.S. 15:542(D) and 542.1.4(A)(1) and to enact Mr. President Erdey Michot R.S. 15:542.1.4(A)(3), relative to sex offender registration; to Adley Gautreaux B Morrish provide with respect to the annual registration fee; to provide Alario Gray Mount that the crime of failure to register as a sex offender shall Amedee Hebert Murray include the failure to pay the registration fee; to provide for Broome Heitmeier Nevers criminal penalties; and to provide for related matters. Cassidy Jackson Quinn Cheek Kostelka Riser The bill was read by title. Senator Amedee moved the final Cravins LaFleur Shaw passage of the bill. Donahue Long Shepherd Dorsey Marionneaux Thompson ROLL CALL Duplessis Martiny Walsworth Dupre McPherson The roll was called with the following result: Total - 35 NAYS YEAS Total - 0 Mr. President Erdey Michot ABSENT Adley Gautreaux B Morrish Alario Gautreaux N Mount Crowe Gautreaux N Smith Amedee Gray Murray Total - 3 Broome Hebert Nevers Cassidy Heitmeier Quinn The Chair declared the amended bill was passed and returned to Cheek Jackson Riser the House. Senator Dupre moved to reconsider the vote by which the Cravins Kostelka Shaw bill was passed and laid the motion on the table. Crowe LaFleur Shepherd Donahue Long Smith HOUSE BILL NO. 385— Dorsey Marionneaux Thompson BY REPRESENTATIVE KLECKLEY Duplessis Martiny Walsworth AN ACT Dupre McPherson To amend and reenact R.S. 22:1430.12(A)(2) and (C) and R.S. Total - 38 44:4.1(B)(10), relative to the Louisiana Citizens Property NAYS Insurance Corporation; to provide for information required for ratemaking; to provide for confidentiality; to provide for the Total - 0 effective date of rate changes; and to provide for related matters. ABSENT The bill was read by title. Senator Cravins moved the final Total - 0 passage of the bill. The Chair declared the bill was passed and returned to the ROLL CALL House. Senator Amedee 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: Mr. President in the Chair YEAS HOUSE BILL NO. 392— Mr. President Erdey McPherson BY REPRESENTATIVES GALLOT, AUBERT, BILLIOT, BURRELL, CARMODY, DIXON, GISCLAIR, GREENE, HARRISON, HONEY, GIROD Adley Gautreaux B Michot JACKSON, MICHAEL JACKSON, ROSALIND JONES, KATZ, LEGER, Alario Gautreaux N Morrish LORUSSO, MORRELL, PETERSON, PONTI, RICHARD, RICHMOND, Amedee Gray Mount ROY, JANE SMITH, WILLIAMS, AND WILLMOTT Broome Hebert Murray AN ACT Cassidy Heitmeier Riser To amend and reenact R.S. 42:7(A)(1)(b)(i) and (ii), relative to Cheek Jackson Shaw public meetings; to provide relative to a provision authorizing Cravins Kostelka Shepherd a public body to consider matters not on the agenda of a meeting Crowe LaFleur Smith under certain circumstances; to provide for certain actions and requirements relative to such matters; and to provide for related matters.

1126 37th DAY'S PROCEEDINGS Page 35 SENATE June 3, 2008

The bill was read by title. Senator Murray moved the final The Chair declared the bill was passed and returned to the passage of the bill. House. Senator Martiny moved to reconsider the vote by which the bill was passed and laid the motion on the table. ROLL CALL HOUSE BILL NO. 413— BY REPRESENTATIVE WOOTON The roll was called with the following result: AN ACT To enact R.S. 14:67.26, relative to the theft of a motor vehicle; to YEAS create the crime of theft of a motor vehicle; to provide for the Mr. President Duplessis Morrish procedure for reporting a theft of a motor vehicle; to provide for Alario Dupre Murray penalties; and to provide for related matters. Amedee Erdey Quinn Broome Gray Riser Floor Amendments Sent Up Cassidy Heitmeier Shaw Cheek Kostelka Shepherd Senator Amedee sent up floor amendments which were read. Cravins LaFleur Smith Crowe Marionneaux Thompson SENATE FLOOR AMENDMENTS Donahue Martiny Walsworth Dorsey McPherson Amendments proposed by Senator Amedee to Engrossed House Bill Total - 29 No. 413 by Representative Wooton NAYS AMENDMENT NO. 1 Adley Hebert Mount On page 2, line 8, between "C." and "Whoever" insert "(1)" Gautreaux N Long Nevers Total - 6 AMENDMENT NO. 2 ABSENT On page 2, between lines 11 and 12, insert the following: "(2) Whoever commits the crime of theft of a motor vehicle Gautreaux B Jackson Michot when the misappropriation or taking amounts to a sum of three Total - 3 hundred dollars or more but less than five hundred dollars shall be imprisoned, with or without hard labor, for not more than two years, The Chair declared the bill was passed and returned to the or may be fined not more than two thousand dollars, or both. House. Senator Murray moved to reconsider the vote by which the (3) Whoever commits the crime of theft of a motor vehicle bill was passed and laid the motion on the table. when the misappropriation or taking amounts to a sum of less than three hundred dollars shall be imprisoned for not more than six HOUSE BILL NO. 400— months, or may be fined not more than one thousand dollars, or BY REPRESENTATIVE WOOTON both." AN ACT To amend and reenact R.S. 14:207(B), relative to motor vehicles; to On motion of Senator Amedee, the amendments were adopted. provide relative to the removal or alteration of identifying numbers; to provide for penalties; and to provide for related On motion of Senator Amedee, the amended bill was read by matters. title and returned to the Calendar, subject to call. The bill was read by title. Senator Martiny moved the final HOUSE BILL NO. 434— passage of the bill. BY REPRESENTATIVES WOOTON AND NORTON AN ACT To amend and reenact R.S. 15:1352(A)(introductory paragraph) and ROLL CALL R.S. 51:723(A) and (B) and to enact R.S. 15:1352(A)(18), relative to securities violations; to provide for racketeering The roll was called with the following result: provisions to be included in violations of Louisiana Securities Law; to provide criminal penalties for violations of Louisiana YEAS Securities Law; to provide for restitution; and to provide for Mr. President Dupre McPherson related matters. Adley Erdey Michot Alario Gautreaux B Morrish The bill was read by title. Senator Amedee moved the final Amedee Gautreaux N Mount passage of the bill. Broome Gray Murray Cassidy Hebert Nevers ROLL CALL Cheek Heitmeier Riser Cravins Jackson Shaw The roll was called with the following result: Crowe LaFleur Shepherd Donahue Long Smith YEAS Dorsey Marionneaux Thompson Duplessis Martiny Mr. President Erdey Michot Total - 35 Adley Gautreaux B Morrish NAYS Alario Gautreaux N Mount Amedee Gray Murray Total - 0 Broome Hebert Nevers ABSENT Cassidy Heitmeier Quinn Cheek Jackson Riser Kostelka Quinn Walsworth Cravins Kostelka Shaw Total - 3 Crowe LaFleur Shepherd

1127 Page 36 SENATE 37th DAY'S PROCEEDINGS June 3, 2008

Donahue Long Smith ROLL CALL Dorsey Marionneaux Thompson Duplessis Martiny Walsworth The roll was called with the following result: Dupre McPherson Total - 38 YEAS NAYS Mr. President Erdey Michot Total - 0 Adley Gautreaux B Morrish ABSENT Alario Gautreaux N Mount Amedee Gray Murray Total - 0 Broome Hebert Nevers Cassidy Heitmeier Quinn The Chair declared the bill was passed and returned to the Cheek Jackson Riser House. Senator Amedee moved to reconsider the vote by which the Cravins Kostelka Shaw bill was passed and laid the motion on the table. Crowe LaFleur Shepherd Donahue Long Smith HOUSE BILL NO. 448— Dorsey Marionneaux Thompson BY REPRESENTATIVE PONTI AN ACT Duplessis Martiny Walsworth To amend and reenact R.S. 37:3283(A)(1) and (C) and to enact R.S. Dupre McPherson 37:3272(A)(19), relative to security operations managers; to Total - 38 define security operations managers; to require the registration NAYS of security operations managers; to require administrative rules regarding the registration card; and to provide for related Total - 0 matters. ABSENT The bill was read by title. Senator Cassidy moved the final Total - 0 passage of the bill. The Chair declared the bill was passed and returned to the House. Senator Cassidy 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: Senator Amedee in the Chair YEAS HOUSE BILL NO. 478— BY REPRESENTATIVE HENRY BURNS Mr. President Erdey Michot AN ACT Adley Gautreaux B Morrish To enact R.S. 14:108.2, relative to offenses affecting law Alario Gautreaux N Mount enforcement; to create the crime of resisting a police officer Amedee Gray Murray with force or violence; to provide for definitions; to provide for Broome Hebert Nevers penalties; and to provide for related matters. Cassidy Heitmeier Quinn Cheek Jackson Riser Cravins Kostelka Shaw Floor Amendments Sent Up Crowe LaFleur Shepherd Donahue Long Smith Senator Jackson sent up floor amendments which were read. Dorsey Marionneaux Thompson Duplessis Martiny Walsworth SENATE FLOOR AMENDMENTS Dupre McPherson Total - 38 Amendments proposed by Senator Jackson to Engrossed House Bill NAYS No. 478 by Representative Henry Burns Total - 0 AMENDMENT NO. 1 ABSENT On page 1, line 12, after "Using" and before "threatening" delete "or" AMENDMENT NO. 2 Total - 0 On page 1, line 15, after "Using" and before "threatening" delete "or" The Chair declared the bill was passed and returned to the AMENDMENT NO. 3 House. Senator Cassidy moved to reconsider the vote by which the On page 2, line 9, after "both." delete the remainder of the line and bill was passed and laid the motion on the table. delete lines 10 and 11 in their entirety HOUSE BILL NO. 449— BY REPRESENTATIVE PONTI On motion of Senator Jackson, the amendments were adopted. AN ACT To amend and reenact R.S. 37:3276(A)(4) and 3276.1(A), relative to The bill was read by title. Senator Jackson moved the final the licensing suitability requirements of owners, officers, and passage of the amended bill. directors of private security companies; to provide for minimum qualifications for licensing and suitability; and to provide for ROLL CALL related matters. The roll was called with the following result: The bill was read by title. Senator Cassidy moved the final passage of the bill. YEAS Mr. President Erdey Michot Adley Gautreaux B Morrish Alario Gautreaux N Mount

1128 37th DAY'S PROCEEDINGS Page 37 SENATE June 3, 2008

Amedee Gray Murray HOUSE BILL NO. 497— Broome Hebert Nevers BY REPRESENTATIVE EDWARDS Cassidy Heitmeier Quinn AN ACT Cheek Jackson Riser To amend and reenact R.S. 13:841.2, relative to the clerk of court of Cravins Kostelka Shaw the Twenty-First Judicial District; to provide for the expenditure Crowe LaFleur Shepherd of certain fees; and to provide for related matters. Donahue Long Smith Dorsey Marionneaux Thompson The bill was read by title. Senator Nevers moved the final Duplessis Martiny Walsworth passage of the bill. Dupre McPherson Total - 38 ROLL CALL NAYS The roll was called with the following result: Total - 0 ABSENT YEAS Total - 0 Mr. President Erdey Michot Adley Gautreaux B Mount The Chair declared the amended bill was passed and returned to Alario Gautreaux N Murray the House. Senator Jackson moved to reconsider the vote by which Amedee Gray Nevers the bill was passed and laid the motion on the table. Broome Hebert Quinn Cassidy Heitmeier Shaw HOUSE BILL NO. 495— Cheek Jackson Shepherd BY REPRESENTATIVES LOPINTO, BILLIOT, CONNICK, LABRUZZO, Cravins LaFleur Smith LIGI, TALBOT, AND WOOTON AND SENATORS ALARIO, MARTINY, AND QUINN Crowe Long Thompson AN ACT Donahue Marionneaux Walsworth To amend and reenact R.S. 29:723(3.1) and to enact R.S. Duplessis Martiny 29:723(3.2), (3.3), and (3.4) and 730.3, relative to providing for Dupre McPherson evacuations and curfews during a disaster or state of emergency; Total - 34 to provide for definitions for voluntary, mandatory, and forced NAYS evacuations, and for essential or critical workforce; to authorize a parish president to issue evacuation orders; to authorize the Total - 0 governor to order evacuations; to provide for exceptions to a ABSENT mandatory evacuation order; to authorize the forcible removal or arrest of persons in violation; to authorize the implementation Dorsey Morrish of curfews; to authorize the regulation of assembly and sale of Kostelka Riser specific items; to provide for the lifting of the evacuation order; Total - 4 and to provide for related matters. The Chair declared the bill was passed and returned to the The bill was read by title. Senator Quinn moved the final House. Senator Nevers moved to reconsider the vote by which the passage of the bill. bill was passed and laid the motion on the table. HOUSE BILL NO. 500— ROLL CALL BY REPRESENTATIVE ARNOLD AN ACT The roll was called with the following result: To amend and reenact R.S. 34:1121(B)(introductory paragraph) and (3) and (9), relative to the composition of the Pilotage Fee YEAS Commission; to add an alternate at-large member to the commission; to provide for the level of participation of the Mr. President Erdey Michot alternate; and to provide for related matters. Adley Gautreaux B Morrish Alario Gautreaux N Mount On motion of Senator Broome, the bill was read by title and Amedee Gray Murray returned to the Calendar, subject to call. Broome Hebert Nevers Cassidy Heitmeier Quinn HOUSE BILL NO. 502— Cheek Jackson Riser BY REPRESENTATIVE ARNOLD Cravins Kostelka Shaw AN ACT Crowe LaFleur Shepherd To enact R.S. 32:702(16) and 718, relative to the sale of auto hulks; Donahue Long Smith to provide for the definition of auto hulk; to provide for Dorsey Marionneaux Thompson regulation of the sale of an auto hulk to a scrap metal processor Duplessis Martiny Walsworth or a licensed automotive dismantler and parts recycler; and to Dupre McPherson provide for related matters. Total - 38 NAYS On motion of Senator Broome, the bill was read by title and returned to the Calendar, subject to call. Total - 0 ABSENT HOUSE BILL NO. 516— BY REPRESENTATIVE CORTEZ Total - 0 AN ACT To amend and reenact R.S. 22:230.1(A), relative to health insurance; The Chair declared the bill was passed and returned to the to provide with respect to coverage of rehabilitative services, House. Senator Quinn moved to reconsider the vote by which the bill physical therapy, occupational therapy, and speech and language was passed and laid the motion on the table. pathology therapy; and to provide for related matters.

1129 Page 38 SENATE 37th DAY'S PROCEEDINGS June 3, 2008

The bill was read by title. Senator Cravins moved the final The Chair declared the bill was passed and returned to the passage of the bill. House. Senator Erdey moved to reconsider the vote by which the bill was passed and laid the motion on the table. ROLL CALL Mr. President in the Chair The roll was called with the following result: HOUSE BILL NO. 527— YEAS BY REPRESENTATIVE TIM BURNS AN ACT Mr. President Gautreaux B Morrish To amend and reenact Chapter 1 of Title II of Book III of the Civil Adley Gautreaux N Mount Code, to be comprised of Articles 1467 through 1469, and Alario Gray Murray Chapter 5 of Title II of Book III of the Civil Code, to be Amedee Hebert Nevers comprised of Articles 1523 through 1569.1, relative to Broome Heitmeier Quinn donations; to provide relative to methods of acquiring property Cassidy Jackson Riser gratuitously; to provide rules on donations; to provide formal Cheek Kostelka Shaw requirements for making donations; to provide for effectiveness Cravins LaFleur Shepherd of donations; to provide rules for the acceptance of donations; Donahue Long Smith to provide for exceptions to the rule of irrevocability of Dorsey Marionneaux Thompson donations; to provide for revocation for ingratitude; to provide Duplessis Martiny Walsworth for dissolution of donations; to provide actions for dissolving Dupre McPherson donations; and to provide for related matters. Erdey Michot Total - 37 The bill was read by title. Senator Donahue moved the final NAYS passage of the bill. Total - 0 ROLL CALL ABSENT The roll was called with the following result: Crowe Total - 1 YEAS The Chair declared the bill was passed and returned to the Mr. President Erdey Michot House. Senator Cravins moved to reconsider the vote by which the Adley Gautreaux B Morrish bill was passed and laid the motion on the table. Alario Gautreaux N Mount Amedee Gray Murray HOUSE BILL NO. 517— Broome Hebert Nevers BY REPRESENTATIVE WHITE Cassidy Heitmeier Quinn AN ACT Cheek Jackson Riser To amend and reenact R.S. 37:599(B), relative to per diem paid by Cravins Kostelka Shaw the Louisiana Board of Cosmetology; to provide for changes to Crowe LaFleur Shepherd per diem paid to members of the board; and to provide for Donahue Long Smith related matters. Dorsey Marionneaux Thompson Duplessis Martiny Walsworth The bill was read by title. Senator Erdey moved the final Dupre McPherson passage of the bill. Total - 38 NAYS ROLL CALL Total - 0 The roll was called with the following result: ABSENT YEAS Total - 0 Mr. President Dupre Michot The Chair declared the bill was passed and returned to the Adley Erdey Morrish House. Senator Donahue moved to reconsider the vote by which the Alario Gautreaux B Mount bill was passed and laid the motion on the table. Amedee Gautreaux N Murray Broome Gray Nevers HOUSE BILL NO. 545— Cassidy Hebert Quinn BY REPRESENTATIVE ARNOLD Cheek Heitmeier Riser AN ACT Cravins Jackson Shaw To amend and reenact R.S. 51:912.21(6) and (8), 912.22(5), (6), and Crowe LaFleur Shepherd (9), 912.23(1)(e), 912.24, 912.25(3), and 912.27(C) and to enact Donahue Long Smith R.S. 51:912.21(10), relative to minimum standards for Dorsey Marionneaux Thompson installation of manufactured homes; to provide for definitions; Duplessis Martiny Walsworth to provide for minimum standards for installation of Total - 36 manufactured homes; to provide for the design of foundations NAYS and piers; to provide for installation standards for anchors and tie-downs; to provide for installation standards for used Total - 0 manufactured homes in hurricane zones; to provide for ABSENT installation permit stickers; and to provide for related matters. Kostelka McPherson The bill was read by title. Senator Walsworth moved the final Total - 2 passage of the bill.

1130 37th DAY'S PROCEEDINGS Page 39 SENATE June 3, 2008

ROLL CALL action is pending may order consolidation of the actions for trial, upon the written consent of each section or division of the court in The roll was called with the following result: which any of the latter filed actions are pending, once a trial date has been set, and after a contradictory hearing, and upon a finding that YEAS common issues of fact and law predominate. * * *" Mr. President Erdey Michot Adley Gautreaux B Morrish AMENDMENT NO. 4 Alario Gautreaux N Mount On page 11, line 5, change "Section 4." to "Section 5." Amedee Gray Murray Broome Hebert Nevers AMENDMENT NO. 5 Cassidy Heitmeier Quinn On page 11, line 6, change "Section 5." to "Section 6." Cheek Jackson Riser Cravins Kostelka Shaw AMENDMENT NO. 6 Crowe LaFleur Shepherd On page 11, after line 7, add the following: Donahue Long Smith "Section 2. The provisions of Code of Civil Procedure Article Dorsey Marionneaux Thompson 1561(A) as amended and reenacted by Section 4 of this Act shall Duplessis Martiny Walsworth become effective upon signature by the governor or, if not signed by Dupre McPherson the governor, upon expiration of the time for bills to become law Total - 38 without signature by the governor, as provided by Article III, Section NAYS 18 of the Constitution of Louisiana. If vetoed by the governor and subsequently approved by the legislature, this Act shall become Total - 0 effective on the day following such approval." ABSENT On motion of Senator Marionneaux, the amendments were Total - 0 adopted. The Chair declared the bill was passed and returned to the The bill was read by title. Senator Marionneaux moved the final House. Senator Walsworth moved to reconsider the vote by which passage of the amended bill. the bill was passed and laid the motion on the table. ROLL CALL HOUSE BILL NO. 548— BY REPRESENTATIVE FOIL The roll was called with the following result: AN ACT To amend and reenact Code of Civil Procedure Articles 927, 1005, YEAS 1354, 1355, 1471, 1551(A), 1916, and 2592 and to repeal Code of Civil Procedure Article 1913(E), relative to the continuous Mr. President Erdey Michot revision of the Code of Civil Procedure; to provide for the Adley Gautreaux B Morrish peremptory exception; to provide for affirmative defenses; to Alario Gautreaux N Mount provide for subpoenas duces tecum; to provide for service of Amedee Gray Murray subpoenas by private person; to provide for the failure to Broome Hebert Nevers comply with an order compelling discovery; to provide for Cassidy Heitmeier Quinn pretrial conferences and orders; to provide for the preparation of Cheek Jackson Riser judgments and signing of judgments; to provide for the use of Cravins Kostelka Shaw summary proceedings; and to provide for related matters. Crowe LaFleur Shepherd Donahue Long Smith Floor Amendments Sent Up Dorsey Marionneaux Thompson Duplessis Martiny Walsworth Senator Marionneaux sent up floor amendments which were Dupre McPherson read. Total - 38 NAYS SENATE FLOOR AMENDMENTS Total - 0 Amendments proposed by Senator Marionneaux to Reengrossed ABSENT House Bill No. 548 by Representative Foil Total - 0 AMENDMENT NO. 1 On page 1, line 3, between "1551(A)," and "1916" insert "1561(A)," The Chair declared the amended bill was passed and returned to the House. Senator Marionneaux moved to reconsider the vote by AMENDMENT NO. 2 which the bill was passed and laid the motion on the table. On page 1, line 4, between "Procedure;" and "to" insert "to provide relative to consolidation of cases; to provide for consent;" HOUSE BILL NO. 553— BY REPRESENTATIVE ARNOLD AMENDMENT NO. 3 AN ACT On page 11, between lines 4 and 5, insert the following: To amend and reenact R.S. 51:911.22(10)(introductory paragraph), "Section 4. Code of Civil Procedure Article 1561(A) is hereby 911.24(J)(2) and (L), and 911.34 and to enact R.S. amended and reenacted to read as follows: 51:911.22(13) and (14), relative to the Uniform Standards Code Art. 1561. Consolidation for trial for Manufactured Housing; to provide for definitions; to provide A. When two or more separate actions are pending in the same for changes in guidelines for a retailer's license; to provide for court, the section or division of the court in which the first filed guidelines for suits filed by the Louisiana Manufactured Housing Commission; to provide for a venue for a suit filed by the commission; to provide for reasonable costs payable to the commission; and to provide for related matters.

1131 Page 40 SENATE 37th DAY'S PROCEEDINGS June 3, 2008

The bill was read by title. Senator Walsworth moved the final Duplessis Martiny Walsworth passage of the bill. Dupre McPherson Total - 38 ROLL CALL NAYS The roll was called with the following result: Total - 0 ABSENT YEAS Total - 0 Mr. President Erdey Michot Adley Gautreaux B Morrish The Chair declared the bill was passed and returned to the Alario Gautreaux N Mount House. Senator Heitmeier moved to reconsider the vote by which the Amedee Gray Murray bill was passed and laid the motion on the table. Broome Hebert Nevers Cassidy Heitmeier Quinn HOUSE BILL NO. 648— Cheek Jackson Riser BY REPRESENTATIVES GALLOT, JOHNSON, AND TUCKER Cravins Kostelka Shaw AN ACT Crowe LaFleur Shepherd To amend and reenact R.S. 42:1124.2(A) and 1124.3(A) and to enact Donahue Long Smith R.S. 42:1124.2(G)(5) and 1124.3(D)(3), relative to financial Dorsey Marionneaux Thompson disclosure; to require certain disclosures by certain public Duplessis Martiny Walsworth servants; to require certain disclosures by members of certain Dupre McPherson boards and commissions; to provide for definitions; to provide Total - 38 for penalties; and to provide for related matters. NAYS On motion of Senator Martiny, the bill was read by title and Total - 0 returned to the Calendar, subject to call. ABSENT HOUSE BILL NO. 653— BY REPRESENTATIVES LABRUZZO, ABRAMSON, AUSTIN BADON, Total - 0 BARROW, BILLIOT, BURFORD, TIM BURNS, BURRELL, CHANEY, CROMER, DOERGE, GISCLAIR, HARRISON, HAZEL, HINES, JOHNSON, KATZ, LEBAS, LIGI, LORUSSO, MILLS, NOWLIN, PETERSON, POPE, The Chair declared the bill was passed and returned to the RICHARD, SIMON, TALBOT, TUCKER, WHITE, WILLIAMS, AND House. Senator Walsworth moved to reconsider the vote by which WILLMOTT the bill was passed and laid the motion on the table. AN ACT To amend and reenact R.S. 28:53(B)(1), (F), (G)(2), and (J)(1) and HOUSE BILL NO. 586— (3) and to enact R.S. 28:53(B)(4), relative to mental health BY REPRESENTATIVE HARDY admissions by emergency certificate; to allow for the actual AN ACT examination of a patient conducted by a health care provider, To amend and reenact R.S. 15:262(C), relative to the protection of parish coroner, or authorized physician to be conducted by witnesses; to provide that witness protection may include the telemedicine utilizing video conferencing technology; to make establishment of a new identity and relocation and twenty-four- certain requirements for telemedicine examinations; to provide hour security; to provide for legislative appropriation of funds; for procedures related to the issuance of a certificate; to require and to provide for related matters. an in-person independent examination by the coroner in certain cases; and to provide for related matters. On motion of Senator Broome, the bill was read by title and returned to the Calendar, subject to call. The bill was read by title. Senator Mount moved the final passage of the bill. HOUSE BILL NO. 641— BY REPRESENTATIVE GIROD JACKSON AN ACT ROLL CALL To amend and reenact R.S. 40:1734(B), relative to accessibility to public or governmental facilities; to provide for changes to The roll was called with the following result: accessibility standards for new public facilities or governmental entities; and to provide for related matters. YEAS The bill was read by title. Senator Heitmeier moved the final Mr. President Erdey Michot passage of the bill. Adley Gautreaux B Morrish Alario Gautreaux N Mount ROLL CALL Amedee Gray Murray Broome Hebert Nevers The roll was called with the following result: Cassidy Heitmeier Quinn Cheek Jackson Riser YEAS Cravins Kostelka Shaw Crowe LaFleur Shepherd Mr. President Erdey Michot Donahue Long Smith Adley Gautreaux B Morrish Dorsey Marionneaux Thompson Alario Gautreaux N Mount Duplessis Martiny Walsworth Amedee Gray Murray Dupre McPherson Broome Hebert Nevers Total - 38 Cassidy Heitmeier Quinn NAYS Cheek Jackson Riser Cravins Kostelka Shaw Total - 0 Crowe LaFleur Shepherd ABSENT Donahue Long Smith Dorsey Marionneaux Thompson Total - 0

1132 37th DAY'S PROCEEDINGS Page 41 SENATE June 3, 2008

The Chair declared the bill was passed and returned to the ROLL CALL House. Senator Mount 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. 654— YEAS BY REPRESENTATIVES WOOTON, ABRAMSON, ANDERS, ARMES, ARNOLD, AUBERT, AUSTIN BADON, BOBBY BADON, BALDONE, BILLIOT, BURFORD, HENRY BURNS, BURRELL, CARMODY, Mr. President Erdey Michot CHAMPAGNE, CHANEY, CONNICK, DOWNS, GALLOT, GISCLAIR, Adley Gautreaux B Morrish ELBERT GUILLORY, MICKEY GUILLORY, GUINN, HARDY, HARRISON, HAZEL, HENRY, HINES, HOFFMANN, HONEY, HOWARD, Alario Gautreaux N Mount HUTTER, JOHNSON, ROSALIND JONES, KATZ, LEBAS, LEGER, LIGI, Amedee Gray Murray LOPINTO, LORUSSO, MORRELL, PEARSON, PONTI, POPE, PUGH, Broome Hebert Nevers RICHARD, RICHARDSON, RICHMOND, ROY, SIMON, GARY SMITH, JANE SMITH, PATRICIA SMITH, TEMPLET, TRAHAN, TUCKER, Cassidy Heitmeier Quinn WADDELL, WHITE, WILLIAMS, AND WILLMOTT Cheek Jackson Riser AN ACT Cravins Kostelka Shaw To amend and reenact R.S. 14:67.4(C), (D), and (E), 67.16(C)(4), Crowe LaFleur Shepherd (D), (E), (F), and (G), 67.22(C), 70.4(E)(1), (2), and (3), Donahue Long Smith 71.1(B), and 72.2(B) and to enact R.S. 14:67.16(H), 67.22(D), Dorsey Marionneaux Thompson 70.4(E)(4), 71.1(C), and 72.2(D), relative to offenses against Duplessis Martiny Walsworth property; to amend the criminal penalties for certain offenses Dupre McPherson against property; to require that persons convicted of certain Total - 38 offenses against property be ordered to make restitution; to NAYS provide for periodic payment plans when the offender is found to be indigent; and to provide for related matters. Total - 0 ABSENT The bill was read by title. Senator Martiny moved the final passage of the bill. Total - 0 ROLL CALL The Chair declared the bill was passed and returned to the House. Senator Martiny moved to reconsider the vote by which the The roll was called with the following result: bill was passed and laid the motion on the table. HOUSE BILL NO. 752— YEAS BY REPRESENTATIVE MONICA AN ACT Mr. President Erdey Michot To amend and reenact R.S. 14:102.8(D) and (E), relative to the crime Adley Gautreaux B Morrish of injuring or killing of a police animal; to amend the criminal Alario Gautreaux N Mount penalties for the crime of injuring or killing of a police animal; Amedee Gray Murray to require the offender to pay restitution; and to provide for Broome Hebert Nevers related matters. Cassidy Heitmeier Quinn Cheek Jackson Riser The bill was read by title. Senator Martiny moved the final Cravins Kostelka Shaw passage of the bill. Crowe LaFleur Shepherd Donahue Long Smith Dorsey Marionneaux Thompson ROLL CALL Duplessis Martiny Walsworth Dupre McPherson The roll was called with the following result: Total - 38 NAYS YEAS Total - 0 Mr. President Erdey Michot ABSENT Adley Gautreaux B Morrish Alario Gautreaux N Mount Total - 0 Amedee Gray Murray Broome Hebert Nevers The Chair declared the bill was passed and returned to the Cassidy Heitmeier Quinn House. Senator Martiny moved to reconsider the vote by which the Cheek Jackson Riser bill was passed and laid the motion on the table. Cravins Kostelka Shaw Crowe LaFleur Shepherd HOUSE BILL NO. 751— Donahue Long Smith BY REPRESENTATIVE WOOTON Dorsey Marionneaux Thompson AN ACT Duplessis Martiny Walsworth To enact R.S. 15:1352(A)(18), relative to racketeering; to add the Dupre McPherson crime of identity theft to the definition of "racketeering Total - 38 activity"; and to provide for related matters. NAYS The bill was read by title. Senator Martiny moved the final Total - 0 passage of the bill. ABSENT Total - 0 The Chair declared the bill was passed and returned to the House. Senator Martiny moved to reconsider the vote by which the bill was passed and laid the motion on the table.

1133 Page 42 SENATE 37th DAY'S PROCEEDINGS June 3, 2008

HOUSE BILL NO. 762— Donahue Long Smith BY REPRESENTATIVE CONNICK Dorsey Marionneaux Thompson AN ACT Duplessis Martiny Walsworth To amend and reenact R.S. 42:1120, relative to ethics; to provide Dupre McPherson relative to recusal of elected officials under certain Total - 38 circumstances; to allow for certain participation under certain NAYS circumstances; and to provide for related matters. Total - 0 The bill was read by title. Senator Alario moved the final ABSENT passage of the bill. Total - 0 ROLL CALL The Chair declared the bill was passed and returned to the The roll was called with the following result: House. Senator Walsworth moved to reconsider the vote by which the bill was passed and laid the motion on the table. YEAS HOUSE BILL NO. 877— Mr. President Erdey Michot BY REPRESENTATIVE MILLS AND SENATOR MICHOT Adley Gautreaux B Morrish AN ACT Alario Gautreaux N Mount To amend and reenact R.S. 37:3461, 3462(2) through (5), 3463(C), Amedee Gray Murray 3467(A)(2) and (3), 3469, 3470, 3472, 3473, 3474.1(A)(1), (2), Broome Hebert Nevers (5), and (6) and (B), 3478(C), 3479(A), and 3480 and to enact Cassidy Heitmeier Quinn R.S. 37:3462(6) through (16), 3467(B)(5), 3474, 3474.1(A)(7) Cheek Jackson Riser and (8) and (C) through (F), 3474.2, 3474.3, 3474.4, and 3477, Cravins Kostelka Shaw relative to the Louisiana Wholesale Drug Distributors Act; to Crowe LaFleur Shepherd provide for a short title; to provide for definitions; to set the Donahue Long Smith terms of board members; to provide for the powers and duties of Dorsey Marionneaux Thompson the board; to provide for qualifications and requirements for Duplessis Martiny Walsworth licensure; to provide for inspections; to provide for applicants Dupre McPherson from other states; to provide for the denial, revocation, or Total - 38 suspension of a license; to provide for enforcement proceedings; NAYS to provide for injunction proceedings; to provide for quarantine of a legend drug or device; to authorize the board to obtain Total - 0 criminal history record information; to provide for penalties; to ABSENT provide for fees; to provide for unauthorized sales; and to provide for related matters. Total - 0 On motion of Senator Broome, the bill was read by title and The Chair declared the bill was passed and returned to the returned to the Calendar, subject to call. House. Senator Alario moved to reconsider the vote by which the bill was passed and laid the motion on the table. HOUSE BILL NO. 920— BY REPRESENTATIVE FANNIN HOUSE BILL NO. 786— AN ACT BY REPRESENTATIVE PONTI To amend and reenact R.S. 40:1730.22(A), 1730.23(A) and (C), AN ACT 1730.24(B), 1730.25, 1730.30(A) and (B), and 1730.35(B), To amend and reenact R.S. 14:98(D)(1)(a) and (b)(introductory relative to the Louisiana State Uniform Construction Code; to paragraph) and (E)(1)(a) and (b)(introductory paragraph), prohibit a per diem or other compensation for the Louisiana relative to offenses involving operating a vehicle while State Uniform Construction Code Council; to provide for intoxicated; to provide with respect to the crime of operating a registration of third-party providers; to prohibit officers or vehicle while intoxicated; to amend the criminal penalties for providers from conducting a plan review or inspections in such crime; to provide relative to community service; and to certain circumstances; to provide for discretionary acts by provide for related matters. government agencies, employees, and officials; to define residential accessory structure; to exempt certain residential The bill was read by title. Senator Walsworth moved the final accessory structures from regulation; to provide for changes to passage of the bill. the application and issuance of certificates of registration; and to provide for related matters. ROLL CALL Floor Amendments Sent Up The roll was called with the following result: Senator Walsworth sent up floor amendments which were read. YEAS SENATE FLOOR AMENDMENTS Mr. President Erdey Michot Adley Gautreaux B Morrish Amendments proposed by Senator Walsworth to Reengrossed House Alario Gautreaux N Mount Bill No. 920 by Representative Fannin Amedee Gray Murray Broome Hebert Nevers AMENDMENT NO. 1 Cassidy Heitmeier Quinn On page 5, line 7 after "camp." delete the rest of the line and delete Cheek Jackson Riser lines 8 and 9 Cravins Kostelka Shaw Crowe LaFleur Shepherd On motion of Senator Walsworth, the amendments were adopted. The bill was read by title. Senator Walsworth moved the final passage of the amended bill.

1134 37th DAY'S PROCEEDINGS Page 43 SENATE June 3, 2008

ROLL CALL HOUSE BILL NO. 939— BY REPRESENTATIVE ARNOLD AN ACT The roll was called with the following result: To amend and reenact R.S. 45:1162, relative to the salaries of the Louisiana Public Service Commission; to increase the salaries YEAS for the members of the Louisiana Public Service Commission; Mr. President Erdey Michot and to provide for related matters. Adley Gautreaux B Morrish Alario Gautreaux N Mount On motion of Senator Broome, the bill was read by title and Amedee Gray Murray returned to the Calendar, subject to call. Broome Hebert Nevers HOUSE BILL NO. 941— Cassidy Heitmeier Quinn BY REPRESENTATIVE TALBOT Cheek Jackson Riser AN ACT Cravins Kostelka Shaw To enact R.S. 40:1730.40, relative to enforcement of building codes Crowe LaFleur Shepherd by municipalities and parishes; to provide for provisions of the Donahue Long Smith state constitution and home rule charters in relation to the state Dorsey Marionneaux Thompson construction code; and to provide for related matters. Duplessis Martiny Walsworth Dupre McPherson The bill was read by title. Senator Alario moved the final Total - 38 passage of the bill. NAYS Total - 0 ROLL CALL ABSENT The roll was called with the following result: Total - 0 YEAS The Chair declared the amended bill was passed and returned to Mr. President Erdey Michot the House. Senator Walsworth moved to reconsider the vote by Adley Gautreaux B Morrish which the bill was passed and laid the motion on the table. Alario Gautreaux N Mount HOUSE BILL NO. 925— Amedee Gray Murray BY REPRESENTATIVE CORTEZ Broome Hebert Nevers AN ACT Cassidy Heitmeier Quinn To enact R.S. 22:669.1, relative to health insurance; to provide Cheek Jackson Riser relative to benefits for certain health-related services lawfully Cravins Kostelka Shaw performed by a licensed marriage and family therapist; and to Crowe LaFleur Shepherd provide for related matters. Donahue Long Smith Dorsey Marionneaux Thompson The bill was read by title. Senator LaFleur moved the final Duplessis Martiny Walsworth passage of the bill. Dupre McPherson Total - 38 ROLL CALL NAYS Total - 0 The roll was called with the following result: ABSENT YEAS Total - 0 Mr. President Erdey Michot Adley Gautreaux B Morrish The Chair declared the bill was passed and returned to the Alario Gautreaux N Mount House. Senator Alario moved to reconsider the vote by which the Amedee Gray Murray bill was passed and laid the motion on the table. Broome Hebert Nevers HOUSE BILL NO. 967— Cassidy Heitmeier Quinn BY REPRESENTATIVE SIMON Cheek Jackson Riser AN ACT Cravins Kostelka Shaw To amend and reenact R.S. 46:2116.2(C)(4), relative to the State Crowe LaFleur Shepherd Personal Assistance Services Program; to allow individuals with Donahue Long Smith significant disabilities eligible for the program to choose a Dorsey Marionneaux Thompson qualified provider anywhere in the state; and to provide for Duplessis Martiny Walsworth related matters. Dupre McPherson Total - 38 The bill was read by title. Senator Nevers moved the final NAYS passage of the bill. Total - 0 ABSENT ROLL CALL Total - 0 The roll was called with the following result: The Chair declared the bill was passed and returned to the YEAS House. Senator LaFleur moved to reconsider the vote by which the Mr. President Erdey Michot bill was passed and laid the motion on the table. Adley Gautreaux B Morrish Alario Gautreaux N Mount Amedee Gray Murray

1135 Page 44 SENATE 37th DAY'S PROCEEDINGS June 3, 2008

Broome Hebert Nevers functions, and responsibilities for the department from the Cassidy Heitmeier Quinn department undersecretary to the department secretary; to Cheek Jackson Riser provide for their respective powers and responsibilities; and to Cravins Kostelka Shaw provide for related matters. Crowe LaFleur Shepherd Donahue Long Smith The bill was read by title. Senator Gray moved the final passage Dorsey Marionneaux Thompson of the bill. Duplessis Martiny Walsworth Dupre McPherson ROLL CALL Total - 38 NAYS The roll was called with the following result: Total - 0 YEAS ABSENT Mr. President Erdey Michot Total - 0 Adley Gautreaux B Morrish Alario Gautreaux N Mount The Chair declared the bill was passed and returned to the Amedee Gray Murray House. Senator Nevers moved to reconsider the vote by which the Broome Hebert Quinn bill was passed and laid the motion on the table. Cassidy Heitmeier Riser Cheek Jackson Shaw HOUSE BILL NO. 1020— Cravins Kostelka Shepherd BY REPRESENTATIVE GALLOT AN ACT Crowe LaFleur Smith To amend and reenact R.S. 24:51(2) and 55(E)(2) and R.S. 49:72(5), Donahue Long Thompson relative to lobbying; to provide relative to expenditures for the Dorsey Marionneaux Walsworth purpose of lobbying; to provide for the definition of Duplessis Martiny expenditure; to provide relative to expenditure reporting Dupre McPherson requirements; to provide for effectiveness; and to provide for Total - 37 related matters. NAYS The bill was read by title. Senator Kostelka moved the final Total - 0 passage of the bill. ABSENT Nevers ROLL CALL Total - 1 The roll was called with the following result: The Chair declared the bill was passed and returned to the House. Senator Gray moved to reconsider the vote by which the bill YEAS was passed and laid the motion on the table. Mr. President Erdey Michot HOUSE BILL NO. 1118— Adley Gautreaux B Morrish BY REPRESENTATIVE CHAMPAGNE Alario Gautreaux N Mount AN ACT Amedee Gray Murray To amend and reenact R.S. 16:17(C), relative to the salary of victims Broome Hebert Quinn assistance coordinators; to increase their annual salary; and to Cassidy Heitmeier Riser provide for related matters. Cheek Jackson Shaw Cravins Kostelka Shepherd The bill was read by title. Senator Dorsey moved the final Crowe LaFleur Smith passage of the bill. Donahue Long Thompson Dorsey Marionneaux Walsworth ROLL CALL Duplessis Martiny Dupre McPherson The roll was called with the following result: Total - 37 NAYS YEAS Total - 0 Mr. President Duplessis Martiny ABSENT Adley Dupre McPherson Alario Erdey Michot Nevers Amedee Gautreaux B Morrish Total - 1 Broome Gray Murray Cassidy Hebert Quinn The Chair declared the bill was passed and returned to the Cheek Heitmeier Shaw House. Senator Kostelka moved to reconsider the vote by which the Cravins Jackson Shepherd bill was passed and laid the motion on the table. Crowe Kostelka Smith Donahue LaFleur Thompson HOUSE BILL NO. 1114— Dorsey Long Walsworth BY REPRESENTATIVE GALLOT AN ACT Total - 33 To amend and reenact R.S. 36:475.1(B) and to enact R.S. NAYS 36:8(E)(2)(d) and 474(A)(12), relative to organization of the Riser Department of Social Services; to transfer certain powers, Total - 1

1136 37th DAY'S PROCEEDINGS Page 45 SENATE June 3, 2008

ABSENT ROLL CALL Gautreaux N Mount The roll was called with the following result: Marionneaux Nevers Total - 4 YEAS The Chair declared the bill was passed and returned to the Mr. President Dupre McPherson House. Senator Dorsey moved to reconsider the vote by which the Adley Erdey Michot bill was passed and laid the motion on the table. Alario Gautreaux B Morrish Amedee Gautreaux N Mount HOUSE BILL NO. 1122— Broome Gray Murray BY REPRESENTATIVES BOBBY BADON, ABRAMSON, ARNOLD, BARROW, HENRY BURNS, BURRELL, CARMODY, CHANDLER, DIXON, Cassidy Hebert Nevers EDWARDS, GALLOT, GISCLAIR, ELBERT GUILLORY, HARDY, HINES, Cheek Heitmeier Quinn GIROD JACKSON, ROSALIND JONES, SAM JONES, LABRUZZO, Cravins Jackson Shaw LAFONTA, LEGER, LIGI, MARCHAND, MONTOUCET, PUGH, JANE SMITH, PATRICIA SMITH, ST. GERMAIN, AND WADDELL Crowe Kostelka Smith AN ACT Donahue LaFleur Walsworth To amend and reenact R.S. 18:1309(A)(2) and 1400.8, relative to Dorsey Marionneaux voting; to provide for the office hours of the registrar of voters Duplessis Martiny during the early voting period; to provide relative to certain Total - 34 election expenses related to early voting; and to provide for NAYS related matters. Thompson The bill was read by title. Senator N. Gautreaux moved the final Total - 1 passage of the bill. ABSENT Long Riser Shepherd ROLL CALL Total - 3 The roll was called with the following result: The Chair declared the bill was passed and returned to the House. Senator Martiny moved to reconsider the vote by which the YEAS bill was passed and laid the motion on the table. Mr. President Dupre McPherson HOUSE BILL NO. 1147— Adley Erdey Michot BY REPRESENTATIVE CROMER Alario Gautreaux B Mount AN ACT Amedee Gray Murray To amend and reenact R.S. 40:1429, relative to the insurance fraud Broome Hebert Nevers investigation unit within the Department of Public Safety and Cassidy Heitmeier Quinn Corrections, public safety services, office of state police; to Cheek Jackson Riser extend the termination date of the unit; and to provide for Cravins Kostelka Shaw related matters. Crowe LaFleur Shepherd Donahue Long Smith The bill was read by title. Senator Nevers moved the final Dorsey Marionneaux Thompson passage of the bill. Duplessis Martiny Walsworth Total - 36 ROLL CALL NAYS The roll was called with the following result: Morrish Total - 1 YEAS ABSENT Mr. President Erdey Michot Gautreaux N Adley Gautreaux B Morrish Total - 1 Alario Gautreaux N Mount Amedee Gray Murray The Chair declared the bill was passed and returned to the Broome Hebert Nevers House. Senator N. Gautreaux moved to reconsider the vote by which Cassidy Heitmeier Quinn the bill was passed and laid the motion on the table. Cheek Jackson Riser Cravins Kostelka Shaw HOUSE BILL NO. 1131— (Substitute for House Bill No. 450 by Crowe LaFleur Shepherd Representative Wooton) BY REPRESENTATIVE WOOTON Donahue Long Smith AN ACT Dorsey Marionneaux Thompson To amend and reenact R.S. 27:44.1(D) and (G), relative to riverboat Duplessis Martiny Walsworth inspections; to provide for alternative inspections for riverboats Dupre McPherson licensed to conduct gaming activities; and to provide for related Total - 38 matters. NAYS The bill was read by title. Senator Martiny moved the final Total - 0 passage of the bill. ABSENT Total - 0 The Chair declared the bill was passed and returned to the House. Senator Nevers moved to reconsider the vote by which the bill was passed and laid the motion on the table.

1137 Page 46 SENATE 37th DAY'S PROCEEDINGS June 3, 2008

HOUSE BILL NO. 1170— Amedee Gray Murray BY REPRESENTATIVE ARNOLD Broome Hebert Nevers AN ACT Cassidy Heitmeier Quinn To enact R.S. 32:1274(E), relative to licensing fees charged by the Cheek Jackson Riser Louisiana Motor Vehicle Commission; to provide for licensing Cravins Kostelka Shaw fees of warrantors; and to provide for related matters. Crowe LaFleur Shepherd Donahue Long Smith On motion of Senator Broome, the bill was read by title and Dorsey Marionneaux Thompson returned to the Calendar, subject to call. Duplessis Martiny Walsworth Dupre McPherson HOUSE BILL NO. 1179— Total - 38 BY REPRESENTATIVE FOIL AN ACT NAYS To amend and reenact the heading of Part X of Chapter 1 of Code Title II of Code Book III of Title 9 of the Louisiana Revised Total - 0 Statutes of 1950 and to enact R.S. 9:2242, relative to trusts; to ABSENT provide for service of process; to provide for the appointment of a registered agent; to provide for the resignation of a registered Total - 0 agent; to provide for successor agents; and to provide for related The Chair declared the bill was passed and returned to the matters. House. Senator McPherson moved to reconsider the vote by which The bill was read by title. Senator Martiny moved the final the bill was passed and laid the motion on the table. passage of the bill. HOUSE BILL NO. 1204— BY REPRESENTATIVE WILLIAMS ROLL CALL AN ACT To enact R.S. 13:2586(C)(5) and 2589(C), relative to justice of the The roll was called with the following result: peace courts in Caddo Parish; to provide for jurisdiction over property standards violations; to provide for summons and YEAS subpoenas by constables; to provide for reimbursement; and to provide for related matters. Mr. President Erdey Michot Adley Gautreaux B Morrish Floor Amendments Sent Up Alario Gautreaux N Mount Amedee Gray Murray Senator Jackson sent up floor amendments which were read. Broome Hebert Nevers Cassidy Heitmeier Quinn SENATE FLOOR AMENDMENTS Cheek Jackson Riser Cravins Kostelka Shaw Amendments proposed by Senator Jackson to Engrossed House Bill Crowe LaFleur Shepherd No. 1204 by Representative Williams Donahue Long Smith Dorsey Marionneaux Thompson AMENDMENT NO. 1 Duplessis Martiny Walsworth On page 1, line 2, after "To" insert "amend and reenact R.S. Dupre McPherson 13:2586(D) and to" Total - 38 NAYS AMENDMENT NO. 2 On page 1, line 4, after "constables;" insert "to provide relative to Total - 0 appeals;" ABSENT AMENDMENT NO. 3 Total - 0 On page 1, line 7, after "Section 1." insert "R.S. 13:2586(D) is hereby amended and reenacted and" The Chair declared the bill was passed and returned to the House. Senator Martiny moved to reconsider the vote by which the AMENDMENT NO. 4 bill was passed and laid the motion on the table. On page 1, delete line 17 and insert "D. Persons found liable in a justice of the peace court for a HOUSE BILL NO. 1203— litter, removal, disposition, or abandonment violation pursuant to BY REPRESENTATIVES HAZEL, HOWARD, AND DOWNS Subsection C shall have the right of direct appeal to the district court AN ACT by trial de novo for the parish in which the justice of the peace court To amend and reenact R.S. 14:67.12, relative to the theft of timber; is situated. The appeal must be filed within ten days of the date of the to provide for the elements of the offense; to provide for judgment and notice of the appeal must be given within the ten-day criminal penalties for the theft of timber; and to provide for period to the justice of the peace who adjudicated the matter, the related matters. district court to which the matter is being appealed, and the district attorney for the district in which the parish and justice of the peace The bill was read by title. Senator McPherson moved the final court are located. The appeal from a decision of the district court passage of the bill. shall be the same as provided by law for appeals of civil matters adjudicated by a district court. If the judgment is sustained on appeal, ROLL CALL the defendant may be assessed additional court costs by the district court as authorized by law. The roll was called with the following result: * * *" YEAS On motion of Senator Jackson, the amendments were adopted. Mr. President Erdey Michot The bill was read by title. Senator Jackson moved the final Adley Gautreaux B Morrish passage of the amended bill. Alario Gautreaux N Mount

1138 37th DAY'S PROCEEDINGS Page 47 SENATE June 3, 2008

ROLL CALL The Chair declared the bill was passed and returned to the House. Senator Cheek moved to reconsider the vote by which the The roll was called with the following result: bill was passed and laid the motion on the table. YEAS HOUSE BILL NO. 1269— BY REPRESENTATIVE MILLS Mr. President Erdey Michot AN ACT Adley Gautreaux B Morrish To amend and reenact R.S. 40:2006.1(B), relative to Medicare Alario Gautreaux N Mount surveys for health care providers; to require approval from the Amedee Gray Murray Centers for Medicare and Medicaid Services for the Department Broome Hebert Nevers of Health and Hospitals to conduct initial Medicare surveys; and Cassidy Heitmeier Quinn to provide for related matters. Cheek Jackson Riser Cravins Kostelka Shaw The bill was read by title. Senator Mount moved the final Crowe LaFleur Shepherd passage of the bill. Donahue Long Smith Dorsey Marionneaux Thompson ROLL CALL Duplessis Martiny Walsworth Dupre McPherson The roll was called with the following result: Total - 38 NAYS YEAS Total - 0 Mr. President Erdey Michot ABSENT Adley Gautreaux B Morrish Alario Gautreaux N Mount Total - 0 Amedee Gray Murray Broome Hebert Nevers The Chair declared the amended bill was passed and returned to Cassidy Heitmeier Quinn the House. Senator Jackson moved to reconsider the vote by which Cheek Jackson Riser the bill was passed and laid the motion on the table. Cravins Kostelka Shaw Crowe LaFleur Shepherd HOUSE BILL NO. 1224— Donahue Long Smith BY REPRESENTATIVE NOWLIN Dorsey Marionneaux Thompson AN ACT Duplessis Martiny Walsworth To enact R.S. 40:2120.8, relative to home- and community-based Dupre McPherson service providers; to place a moratorium on licensure of new Total - 38 home- and community-based service providers that provide NAYS personal care attendant services, respite care services, and supervised independent living program services, with certain Total - 0 exceptions; to provide that the Department of Health and ABSENT Hospitals may license new or additional home- and community- based service providers if a need is determined to exist; to Total - 0 provide for the promulgation of rules and regulations; to provide a special effective date; and to provide for related matters. The Chair declared the bill was passed and returned to the House. Senator Mount moved to reconsider the vote by which the The bill was read by title. Senator Cheek moved the final bill was passed and laid the motion on the table. passage of the bill. HOUSE BILL NO. 1273— BY REPRESENTATIVE TUCKER ROLL CALL AN ACT To enact Chapter 62 of Title 46 of the Louisiana Revised Statutes of The roll was called with the following result: 1950, to be comprised of R.S. 46:2781 and 2782, relative to long-term care services; to provide for legislative findings; to YEAS direct the Department of Health and Hospitals to develop and Mr. President Erdey Michot implement cost control mechanisms for the Long-Term Personal Adley Gautreaux B Morrish Care Services program and the New Opportunities Waiver; to Alario Gautreaux N Mount provide for the convening of a stakeholder group; to allow the Amedee Gray Murray department to promulgate and adopt rules and regulations to Broome Hebert Nevers implement cost control mechanisms; to provide for a Cassidy Heitmeier Quinn presentation to the Joint Legislative Committee on the Budget Cheek Jackson Riser and the House and Senate committees on health and welfare Cravins Kostelka Shaw relative to implementation of such mechanisms; and to provide Crowe LaFleur Shepherd for related matters. Donahue Long Smith Dorsey Marionneaux Thompson Floor Amendments Sent Up Duplessis Martiny Walsworth Dupre McPherson Senator Alario sent up floor amendments which were read. Total - 38 NAYS SENATE FLOOR AMENDMENTS Total - 0 Amendments proposed by Senator Alario to Reengrossed House Bill ABSENT No. 1273 by Representative Tucker Total - 0

1139 Page 48 SENATE 37th DAY'S PROCEEDINGS June 3, 2008

AMENDMENT NO. 1 NAYS On page 4, line 14 after "Act," and insert "subject to approval by the joint legislative committee on the budget," Total - 0 ABSENT On motion of Senator Alario, the amendments were adopted. Total - 0 The bill was read by title. Senator Mount moved the final passage of the amended bill. The Chair declared the bill was passed and returned to the House. Senator Riser moved to reconsider the vote by which the bill ROLL CALL was passed and laid the motion on the table. The roll was called with the following result: HOUSE BILL NO. 1324— BY REPRESENTATIVE GIROD JACKSON AN ACT YEAS To amend and reenact R.S. 14:80(A) and 80.1(A), relative to carnal Adley Gautreaux B Morrish knowledge of a juvenile; to amend the elements of felony carnal Alario Gautreaux N Mount knowledge of a juvenile; to amend the elements of misdemeanor Amedee Gray Murray carnal knowledge of a juvenile; and to provide for related Broome Hebert Nevers matters. Cassidy Heitmeier Quinn Cheek Jackson Riser The bill was read by title. Senator Shepherd moved the final Cravins Kostelka Shaw passage of the bill. Crowe LaFleur Shepherd Donahue Long Smith ROLL CALL Dorsey Marionneaux Thompson Duplessis Martiny Walsworth The roll was called with the following result: Dupre McPherson Erdey Michot YEAS Total - 37 NAYS Mr. President Dupre Michot Adley Erdey Morrish Total - 0 Alario Gautreaux B Mount ABSENT Amedee Gautreaux N Murray Broome Hebert Nevers Mr. President Cassidy Heitmeier Quinn Total - 1 Cheek Jackson Riser Cravins LaFleur Shaw The Chair declared the amended bill was passed and returned to Crowe Long Shepherd the House. Senator Mount moved to reconsider the vote by which the Donahue Marionneaux Smith bill was passed and laid the motion on the table. Dorsey Martiny Thompson Duplessis McPherson Walsworth HOUSE BILL NO. 1311— Total - 36 BY REPRESENTATIVE PONTI NAYS AN ACT To amend and reenact R.S. 14:95(H), relative to the crime of illegal Total - 0 carrying of weapons; to provide for exceptions for United States ABSENT attorneys and assistant United States attorneys and investigators when POST certified; and to provide for related matters. Gray Kostelka Total - 2 The bill was read by title. Senator Riser moved the final passage of the bill. The Chair declared the bill was passed and returned to the House. Senator Shepherd 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: Senator N. Gautreaux in the Chair YEAS HOUSE BILL NO. 1333— BY REPRESENTATIVE MILLS Mr. President Erdey Michot AN ACT Adley Gautreaux B Morrish To enact Part II-A of Chapter 1 of Title 28 of the Louisiana Revised Alario Gautreaux N Mount Statutes of 1950, to be comprised of R.S. 28:31 through 37, Amedee Gray Murray relative to forensic supervised transitional residential and Broome Hebert Nevers aftercare facilities; to provide for definitions; to provide for the Cassidy Heitmeier Quinn licensure of such facilities; to authorize the Department of Cheek Jackson Riser Health and Hospitals to promulgate rules and regulations; to Cravins Kostelka Shaw authorize inspections; to provide for licensing fees; to provide Crowe LaFleur Shepherd for the punishment of violators; and to provide for related Donahue Long Smith matters. Dorsey Marionneaux Thompson Duplessis Martiny Walsworth The bill was read by title. Senator Mount moved the final Dupre McPherson passage of the bill. Total - 38

1140 37th DAY'S PROCEEDINGS Page 49 SENATE June 3, 2008

ROLL CALL The Chair declared the bill was passed and returned to the House. Senator Walsworth 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 Mr. President Erdey Morrish HOUSE BILL NO. 1341— Adley Gautreaux B Mount BY REPRESENTATIVE TUCKER Alario Gautreaux N Murray AN ACT Amedee Gray Nevers To amend and reenact R.S. 40:2179(B), relative to direct service Broome Heitmeier Quinn workers; to provide for minimum mandatory criteria for Cheek Jackson Riser relatives serving as direct service workers; and to provide for Cravins LaFleur Shaw related matters. Crowe Long Shepherd Donahue Marionneaux Smith Floor Amendments Sent Up Dorsey Martiny Thompson Duplessis McPherson Walsworth Senator Alario sent up floor amendments which were read. Dupre Michot Total - 35 SENATE FLOOR AMENDMENTS NAYS Amendments proposed by Senator Alario to Engrossed House Bill Hebert No. 1341 by Representative Tucker Total - 1 ABSENT AMENDMENT NO. 1 On page 1, line 15 change "July 1, 2008" to "January 1, 2009" Cassidy Kostelka Total - 2 Senator Alario moved adoption of the amendments. The Chair declared the bill was passed and returned to the Senator Long objected. House. Senator Mount moved to reconsider the vote by which the bill was passed and laid the motion on the table. ROLL CALL HOUSE BILL NO. 1336— The roll was called with the following result: BY REPRESENTATIVE AUBERT AN ACT To enact R.S. 42:1123(40), relative to the Code of Governmental YEAS Ethics; to provide for an exception to the Code of Governmental Mr. President Duplessis LaFleur Ethics to allow a person to obtain a permit, and enter into certain Alario Dupre Martiny incidental transactions, under the state uniform construction Broome Gautreaux B Murray code; and to provide for related matters. Cravins Heitmeier Dorsey Kostelka The bill was read by title. Senator Walsworth moved the final Total - 13 passage of the bill. NAYS ROLL CALL Adley Jackson Quinn Cassidy Long Riser The roll was called with the following result: Cheek McPherson Shepherd Crowe Morrish Smith YEAS Erdey Mount Thompson Gray Nevers Walsworth Mr. President Erdey Morrish Total - 18 Adley Gautreaux B Mount ABSENT Alario Gautreaux N Murray Amedee Gray Nevers Amedee Hebert Shaw Broome Hebert Quinn Donahue Marionneaux Cassidy Heitmeier Riser Gautreaux N Michot Cheek Jackson Shaw Total - 7 Cravins LaFleur Shepherd Crowe Long Smith The Chair declared the amendments were rejected. Donahue Marionneaux Thompson Dorsey Martiny Walsworth The bill was read by title. Senator Cassidy moved the final Duplessis McPherson passage of the bill. Dupre Michot Total - 37 NAYS ROLL CALL Total - 0 The roll was called with the following result: ABSENT YEAS Kostelka Mr. President Dupre Michot Total - 1 Adley Erdey Morrish Alario Gautreaux B Mount Amedee Gray Murray Broome Hebert Nevers

1141 Page 50 SENATE 37th DAY'S PROCEEDINGS June 3, 2008

Cassidy Heitmeier Quinn Messages from the House Cheek Jackson Riser Cravins Kostelka Shaw The following Messages from the House were received and read Crowe LaFleur Shepherd as follows: Donahue Long Smith Dorsey Martiny Thompson Duplessis McPherson Walsworth Message from the House Total - 36 PASSED SENATE BILLS AND NAYS JOINT RESOLUTIONS Total - 0 ABSENT June 3, 2008 Gautreaux N Marionneaux To the Honorable President and Members of the Senate: Total - 2 I am directed to inform your honorable body that the House of The Chair declared the bill was passed and returned to the Representatives has finally passed the following Senate Bills and House. Senator Cassidy moved to reconsider the vote by which the Joint Resolutions: bill was passed and laid the motion on the table. SENATE BILL NO. 336— BY SENATOR MICHOT AND REPRESENTATIVE ROBIDEAUX HOUSE BILL NO. 1359— (Substitute for House Bill No. 162 by AN ACT Representative Girod Jackson) To enact R.S. 47:1508(B)(25), relative to confidential character of BY REPRESENTATIVE GIROD JACKSON AN ACT tax records; to provide an exemption from the confidential To amend and reenact R.S. 15:542(F), relative to sex offender character of tax records for data related to cultural products registration and notification requirements; to authorize certain districts; and to provide for related matters. persons convicted of carnal knowledge of a juvenile to petition the court to waive sex offender registration and notification Reported without amendments. provisions; to provide for procedures; to provide for eligibility; SENATE BILL NO. 167— to provide for a contradictory hearing; and to provide for related BY SENATORS MURRAY AND WALSWORTH matters. AN ACT To enact R.S. 24:7, relative to the legislature; to provide relative to The bill was read by title. Senator Shepherd moved the final committee meetings; to allow certain committee meetings to be passage of the bill. conducted by video conference; to allow each house of the legislature to adopt rules to facilitate meetings by video ROLL CALL conference; and to provide for related matters. The roll was called with the following result: Reported without amendments. YEAS SENATE BILL NO. 197— BY SENATOR HEBERT Mr. President Dupre Michot AN ACT Adley Erdey Morrish To amend and reenact R.S. 30:2183(G)(1), relative to environmental Alario Gautreaux B Murray quality; to provide for a prescriptive period for instituting Amedee Gray Nevers prosecutions for violations of the Hazardous Waste Control Broome Hebert Quinn Law; and to provide for related matters. Cassidy Heitmeier Riser Cheek Jackson Shaw Reported without amendments. Cravins Kostelka Shepherd Crowe LaFleur Smith SENATE BILL NO. 86— Donahue Long Thompson BY SENATOR MARTINY AND REPRESENTATIVE RICHMOND Dorsey Martiny Walsworth AN ACT Duplessis McPherson To amend and reenact R.S. 15:572.1(A), relative to the Board of Total - 35 Pardons; to provide for membership on the Board of Pardons; NAYS and to provide for related matters. Gautreaux N Reported without amendments. Total - 1 SENATE BILL NO. 38— ABSENT BY SENATOR GRAY AN ACT Marionneaux Mount To amend and reenact Children's Code Articles 834, Total - 2 834.1(A)(Introductory Paragraph), (B), and (C), 835(A) and (C)(Introductory Paragraph), 836, 837(B) (Introductory The Chair declared the bill was passed and returned to the Paragraph), (C)(Introductory Paragraph), (D)(Introductory House. Senator Shepherd moved to reconsider the vote by which the Paragraph), and (F)(3), 837.1(A)(1), 838(A) and (B), and 869 bill was passed and laid the motion on the table. and to enact Children's Code Articles 305(E), 869.1, 869.2, and 869.3, relative to competency commissions and sanity Rules Suspended commissions; to provide for future proceedings in the case of a child, when a sanity or competency commission is ordered; to Senator Mount asked for and obtained a suspension of the rules provide for the appointment of the competency commission, its for the purpose of reverting to the Morning Hour. composition and its authority; to provide for the documentation to be provided to the commission; to provide for the filing and content of the commission's report; to provide for the contradictory hearing to determine competency and for the

1142 37th DAY'S PROCEEDINGS Page 51 SENATE June 3, 2008

admissibility of the commission's report and testimony by the SENATE BILL NO. 297— commissioners; to provide for the procedure after determination BY SENATOR DUPLESSIS of capacity and the burden of proof; to provide for restoration AN ACT service providers; to provide for the procedure when capacity is To amend and reenact R.S. 6:1088(D) and to enact R.S. regained; to provide for the appointment of a sanity commission; 6:1088.1(A)(8), relative to residential mortgage licensing; to to provide for the commission's composition, qualifications and provide for disclosure of information to certain regulatory authority; to provide for the documents which shall be provided agencies; and to provide for related matters. to the commission; to provide for the content and filing of the commission's report; to provide for an effective date; and to Reported without amendments. provide for related matters. SENATE BILL NO. 424— BY SENATOR WALSWORTH Reported without amendments. AN ACT SENATE BILL NO. 303— To enact R.S. 8:206, relative to cemeteries; to require a cemetery BY SENATOR LAFLEUR authority to provide a written contract for burial rights and AN ACT cemetery related merchandise and services to customers; to To enact Code of Evidence Art. 803.1, relative to hearsay; to provide provide for an effective date; and to provide for related matters. for exceptions to hearsay evidence; to provide relative to certain foreign records as evidence; to provide for definitions; to Reported without amendments. provide terms and conditions; to provide for certain criteria; and to provide for related matters. SENATE BILL NO. 427— BY SENATORS WALSWORTH AND THOMPSON AN ACT Reported without amendments. To amend and reenact R.S. 8:304, relative to cemeteries; to provide SENATE BILL NO. 102— relative to dedication of property to cemeteries; to require the BY SENATOR MORRISH filing of an act of dedication; to provide for certain terms, AN ACT conditions, and procedures; to provide for an effective date; and To amend and reenact R.S. 2:903(B), relative to the General Aviation to provide for related matters. and Reliever Airport Maintenance Grant Program; to increase the limit of Transportation Trust Fund monies made available to Reported without amendments. the program; and to provide for related matters. SENATE BILL NO. 711— BY SENATOR WALSWORTH Reported without amendments. AN ACT SENATE BILL NO. 146— To amend and reenact R.S. 32:387.17(A)(5), relative to special BY SENATORS NEVERS, ADLEY, ERDEY, B. GAUTREAUX, permits; to modify the provision terminating the authority of the HEITMEIER, MCPHERSON, MOUNT AND SHAW AND secretary of the Department of Transportation and Development REPRESENTATIVE RITCHIE to issue special permits for trucks transporting containerized AN ACT cargo in international trade intended for exportation within a To designate Louisiana Highway 3241 as the "B.B. "Sixty" Rayburn fifty-mile radius of the Port of Ouachita; and to provide for Memorial Highway"; and to provide for related matters. related matters. Reported without amendments. Reported without amendments. SENATE BILL NO. 525— SENATE BILL NO. 725— BY SENATOR ERDEY AND REPRESENTATIVE BILLIOT BY SENATOR MICHOT AN ACT AN ACT To enact R.S. 38:84(C), relative to authorization to comply with the To amend and reenact R.S. 51:943(A)(9), (10), (11), (12) and (13), federal flood insurance act; to require that parishes and relative to the Small Business Entrepreneurship Commission; to municipalities participate in and comply with federal flood plain provide for voting membership; and to provide for related management and flood insurance programs before construction matters. of local flood protection or storm damage reduction projects; and to provide for related matters. Reported without amendments. Reported without amendments. SENATE BILL NO. 14— BY SENATOR DUPRE SENATE BILL NO. 93— AN ACT BY SENATORS QUINN AND THOMPSON To amend and reenact R.S. 38:2212(A)(1)(d)(v), relative to levees; AN ACT to change the termination date for contracts awarded for certain To amend and reenact R.S. 52:52(C)(1), relative to Uniform Federal projects providing for the restoration and rehabilitation of Lien Registration; to provide for the notice and place of filing of certain levees under certain circumstances; to provide an a federal lien upon certain vessels; and to provide for related effective date; and to provide for related matters. matters. Reported with amendments. Reported without amendments. SENATE BILL NO. 116— SENATE BILL NO. 140— BY SENATORS MARTINY, ALARIO, MCPHERSON, QUINN AND BY SENATOR MARTINY SCALISE AND REPRESENTATIVES CONNICK, HENRY, LABRUZZO, AN ACT LIGI, LOPINTO, TALBOT, TEMPLET, WILLMOTT AND WOOTON To amend and reenact R.S. 32:391(A) and 398.1(A), relative to AN ACT traffic citations; to provide for electronic tickets or e-tickets; to To rename a portion of the West Bank Expressway in New Orleans, provide for the original signature or electronic signature of an Louisiana, the Harry Lee Expressway; and to provide for related arresting officer; and to provide for related matters. matters. Reported without amendments. Reported with amendments.

1143 Page 52 SENATE 37th DAY'S PROCEEDINGS June 3, 2008

SENATE BILL NO. 707— SENATE BILL NO. 81— BY SENATOR ERDEY BY SENATOR MARTINY AN ACT AN ACT To enact R.S. 15:1093.1, relative to regional juvenile justice To amend and reenact R.S. 39:1800.4(C), relative to state and local commissions; to provide for immunity from liability; to provide corrections facilities; to provide for certain contracts; to provide terms and conditions; and to provide for related matters. for management contracts involving capital expenditures; and to provide for related matters. Reported with amendments. Reported with amendments. SENATE BILL NO. 737— BY SENATOR MORRISH SENATE BILL NO. 305— AN ACT BY SENATOR DUPRE To designate Louisiana Highway 385 as the "Wilson Anthony AN ACT 'Boozoo' Chavis Memorial Highway" and Louisiana Highway To amend and reenact R.S. 56:30.3, to provide relative to certain 82 in Cameron Parish as the "Rodney Guilbeaux Memorial leases granted by the Department of Wildlife and Fisheries; to Highway. provide for the powers and duties of the secretary; to provide that certain lessees have the option to match the highest bid; to Reported with amendments. provide for terms, conditions, and exceptions; and to provide for related matters. SENATE BILL NO. 497— BY SENATOR CROWE Reported with amendments. AN ACT To amend and reenact R.S. 3:3801 (A)(1) and (B), 3803(14) and SENATE BILL NO. 57— 3808(B) (3) and (I) and to enact R.S. 3:3803(17), 3808(B)(4) BY SENATOR MARTINY and (5), relative to retail florists; to provide terms and conditions AN ACT of licenses and permits; to provide for the operation of To amend and reenact R.S. 14:403.2 and to enact Chapter 14 of Title automated floral climate-controlled vending kiosk systems; to 15 of the Louisiana Revised Statutes of 1950, to be comprised provide for definitions; and to provide for related matters. of R.S. 15:1501 through 1511, relative to abuse and neglect of adults; to provide with respect to the failure to report incidents Reported with amendments. of adult abuse and the filing of false reports; to provide relative to acts of retaliation against persons who in good faith report SENATE BILL NO. 777— suspected abuse or neglect of adults; to provide for immunities BY SENATOR MICHOT associated with good faith reporting; to provide for reporting of AN ACT adult abuse and neglect, and the assignment, investigation, and To amend and reenact R.S. 45:844.55(D)(2), relative to disposition of such reports by appropriate state agencies; to telecommunications; to provide for enforcement; to provide for provide penalties; and to provide for related matters. cost allocation and affiliate transaction rules; and to provide for related matters. Reported with amendments. Reported with amendments. SENATE BILL NO. 71— BY SENATOR MARTINY SENATE BILL NO. 488— AN ACT BY SENATORS THOMPSON AND WALSWORTH To enact the Code of Criminal Procedure Article 211.5, relative to AN ACT arrest; to provide for the issuance of a summons in certain To enact R.S. 29:725(J), relative to homeland security; to include the circumstances; to provide for exceptions; and to provide for legislature in the emergency operations plan; to provide for a related matters. working space in the state emergency operations center; and to provide for related matters. Reported with amendments. Reported with amendments. SENATE BILL NO. 237— BY SENATOR THOMPSON SENATE BILL NO. 623— AN ACT BY SENATOR THOMPSON To amend and reenact R.S. 14:79.1(A), relative to criminal AN ACT abandonment; to provide for the crime of criminal To amend and reenact R.S. 3:3801(A)(1) and (B), 3803(14), and abandonment; to provide for the elements of such crime; and to 3810 and to enact R.S. 3:3810.1 through 3810.3, relative to provide for related matters. violations of the Horticulture Law; to provide for adjudicatory proceedings; to provide for civil penalties; to provide for Reported with amendments. enforcement; to provide technical corrections; and to provide for related matters. SENATE BILL NO. 249— BY SENATORS MOUNT AND MORRISH AND REPRESENTATIVES Reported with amendments. FRANKLIN AND GEYMANN AN ACT SENATE BILL NO. 12— To amend and reenact R.S. 40:2116(D)(2) and to repeal R.S. BY SENATOR N. GAUTREAUX AND REPRESENTATIVE PERRY 40:2116(D)(3), relative to the moratorium on beds in nursing AN ACT facilities; to remove the prohibition on the replacement of To amend and reenact R.S. 56:799.4(B)(7) and to enact R.S. existing nursing facilities; and to provide for related matters. 56:799.4(B)(9), relative to the White Lake Property Advisory Board; to revise the composition of the White Lake Property Reported with amendments. Advisory Board; to provide Vermilion Parish School Board with one at-large member on the White Lake Property Advisory Board; and to provide for related matters. Reported with amendments.

1144 37th DAY'S PROCEEDINGS Page 53 SENATE June 3, 2008

SENATE BILL NO. 590— Called from the Calendar BY SENATOR BROOME AN ACT To enact R.S. 40:600.25.1, relative to mortgage foreclosures; to Senator Cheek asked that Senate Bill No. 684 be called from the provide with respect to mortgage foreclosure assistance for Calendar at this time. homeowners; and to provide for related matters. SENATE BILL NO. 684— BY SENATOR CHEEK Reported with amendments. AN ACT To amend and reenact R.S. 47:6022(E)(2)(b), relative to the SENATE BILL NO. 697— Louisiana digital interactive media producer tax credit; to delete BY SENATOR DUPRE AN ACT the requirement that the commissioner of administration approve To enact Subpart Z.1 of Part I of Chapter 1 of Subtitle II of Title 47 the issuance of a credit certification letter; to provide for an of the Louisiana Revised Statutes of 1950, to be comprised of effective date; and to provide for related matters. R.S. 47:120.82, relative to coastal protection; to provide for donations to the Coastal Protection and Restoration Fund; to On motion of Senator Cheek, the bill was read by title and provide relative to donation of tax refunds and donations in withdrawn from the files of the Senate. excess of tax due; and to provide for related matters. Messages from the House Reported with amendments. The following Messages from the House were received and read Respectfully submitted, as follows: ALFRED W. SPEER Clerk of the House of Representatives Message from the House Message from the House ASKING CONCURRENCE IN HOUSE CONCURRENT RESOLUTIONS CONCURRING IN SENATE CONCURRENT RESOLUTIONS June 3, 2008 June 2, 2008 To the Honorable President and Members of the Senate: To the Honorable President and Members of the Senate: I am directed to inform your honorable body that the House of Representatives has finally passed and asks your concurrence in the I am directed to inform your honorable body that the House of following House Concurrent Resolutions: Representatives has finally concurred in the following Senate Concurrent Resolutions: HOUSE CONCURRENT RESOLUTION NO. 81— BY REPRESENTATIVE NOWLIN SENATE CONCURRENT RESOLUTION NO. 88— A CONCURRENT RESOLUTION BY SENATOR CHAISSON AND REPRESENTATIVE WOOTON To create a task force to study and resolve problems between the A CONCURRENT RESOLUTION contract poultry growers and poultry integrators and to To commend James Michael Bell of Hahnville High School, son of recommend the best practices and approaches to resolving their Beth and Marlon Bell, upon his selection as a representative of problem; to require that a report of its findings and Louisiana at the Hugh O'Brian World Leadership Congress in recommendations be submitted to the House Committee on Washington, D.C. Agriculture, Forestry, Aquaculture, and Rural Development and the Senate Committee on Agriculture specifying its activities, Reported without amendments. problems, recommendations, and action taken on recommendations. SENATE CONCURRENT RESOLUTION NO. 90— BY SENATOR GRAY AND REPRESENTATIVE PETERSON HOUSE CONCURRENT RESOLUTION NO. 103— A CONCURRENT RESOLUTION BY REPRESENTATIVE HOWARD To commend Delta Sigma Theta Sorority, Inc., for its achievements A CONCURRENT RESOLUTION and community service and to designate June 4, 2008, as Delta To urge and request the Judicial Council of the Supreme Court of Sigma Theta Sorority "Red and White" Day at the Legislature Louisiana to study whether the caseload of the Eleventh Judicial of Louisiana. District Court, comprised of Sabine Parish, warrants the creation of an additional judgeship. Reported without amendments. HOUSE CONCURRENT RESOLUTION NO. 104— BY REPRESENTATIVES MONICA AND LEGER Respectfully submitted, A CONCURRENT RESOLUTION ALFRED W. SPEER To authorize and request that the Board of Examiners of Certified Clerk of the House of Representatives Shorthand Reporters study whether there is a shortage of certified court reporters in rural parishes of the state and report Rules Suspended its findings and recommendations to the House of Representatives prior to the convening of the 2009 Regular Senator Cheek asked for and obtained a suspension of the rules Session. for the purpose of taking up at this time. HOUSE CONCURRENT RESOLUTION NO. 114— Senate Bills and Joint Resolutions BY REPRESENTATIVE TRAHAN A CONCURRENT RESOLUTION on Second Reading to be Referred, To urge and request the Board of Regents, in fulfilling the board's Subject to Call constitutional duties to formulate and make timely revision of a master plan for postsecondary education, which shall include a The following Senate Bills and Joint Resolutions on Second formula for the equitable distribution of funds to the institutions Reading to be referred, subject to call were read and acted upon as of postsecondary education, to require, effective with Fiscal follows: Year 2009-2010 and thereafter, that at least fifteen percent of an

1145 Page 54 SENATE 37th DAY'S PROCEEDINGS June 3, 2008

institution's funding pursuant to the formula be allocated based HOUSE CONCURRENT RESOLUTION NO. 42— on performance standards, including but not limited to BY REPRESENTATIVE HARDY AND SENATOR CRAVINS improvements in student retention and graduation rates and A CONCURRENT RESOLUTION increases in the amounts of external funding generated for the To designate the city of Opelousas as the Zydeco Capital of the institution compared to institutional peers. World. HOUSE CONCURRENT RESOLUTION NO. 115— HOUSE CONCURRENT RESOLUTION NO. 107— BY REPRESENTATIVES TRAHAN, HARDY, AND HOFFMANN BY REPRESENTATIVE DOWNS A CONCURRENT RESOLUTION A CONCURRENT RESOLUTION To urge and request the State Board of Elementary and Secondary To urge and request the Board of Regents, in consultation with the Education, in consultation with the Louisiana High School public postsecondary education management boards, to study Athletic Association, to study all issues relative to minimum current policies and practices relative to the accessibility of academic eligibility requirements for participation by students textbooks and other instructional materials for use by blind in interscholastic athletics and other extracurricular activities, students at public postsecondary educational institutions and to including but not limited to a review of other states' policies and submit a written report of study findings and recommendations laws relative to such issue, and to submit a written report of to the House Committee on Education and the Senate study findings and recommendations to the House Committee Committee on Education not later than sixty days prior to the on Education and the Senate Committee on Education by not convening of the 2009 Regular Session. later than January 1, 2009. HOUSE CONCURRENT RESOLUTION NO. 110— BY REPRESENTATIVES JANE SMITH, HENRY BURNS, EDWARDS, HOUSE CONCURRENT RESOLUTION NO. 105— HOFFMANN, AND TRAHAN BY REPRESENTATIVE JANE SMITH A CONCURRENT RESOLUTION A CONCURRENT RESOLUTION To urge and request the State Board of Elementary and Secondary To urge and request the Louisiana Department of Veterans Affairs Education to revise the Louisiana Educational Assessment and the Veterans Affairs Commission to study and make Program testing schedule to provide for the administration of the recommendations before the 2009 Regular Session of the tests required pursuant to the program to begin no earlier than Legislature, to establish the Afghanistan, Iraq, Global War on the second week of April for the 2009-2010 school year and no Terror Bonus Plan and to recommend a program for payments earlier than the first week of May for the 2010-2011 school year to certain Louisiana residents who have been deployed for active and thereafter, and to adopt a policy prohibiting any public duty in either Operation Enduring Freedom, Operation Iraqi elementary or secondary school from starting the school year Freedom, or the Global War on Terror. prior to the last week of August. HOUSE CONCURRENT RESOLUTION NO. 176— BY REPRESENTATIVE KATZ HOUSE CONCURRENT RESOLUTION NO. 126— A CONCURRENT RESOLUTION BY REPRESENTATIVE LABRUZZO To recognize June 12, 2008, as the Daughters of the American A CONCURRENT RESOLUTION Revolution, Sons of the American Revolution, and Children of To urge and request the legislative auditor to conduct an audit of the the American Revolution Day in Louisiana. Greater New Orleans Expressway Commission. HOUSE CONCURRENT RESOLUTION NO. 132— HOUSE CONCURRENT RESOLUTION NO. 125— BY REPRESENTATIVE JANE SMITH BY REPRESENTATIVE BARROW A CONCURRENT RESOLUTION A CONCURRENT RESOLUTION To urge and request the State Board of Elementary and Secondary To urge and request the Department of Labor to study the need for an Education to study and review recommended best practices annual cost-of-living wage increase for direct support relative to the use of additional safety devices not currently professionals and design a plan for implementing such raises for required by law to alert motor vehicle drivers when a school bus direct support professionals. is preparing to stop or is stopped on a roadway for the loading HOUSE CONCURRENT RESOLUTION NO. 130— or unloading of riders or is stopped for other reasons as required BY REPRESENTATIVE ABRAMSON by law; to provide for the board to make certain determinations A CONCURRENT RESOLUTION relative to establishing a pilot program to be implemented To urge and request the Louisiana State Law Institute to study and during the 2009-2010 school year for the purpose of evaluating make recommendations on the revision of the laws relative to benefits to the safety of students, other bus riders, and bus the use and prohibition of counterletters. operators of requiring school buses to be equipped with such additional devices; to provide study guidelines; and to require HOUSE CONCURRENT RESOLUTION NO. 119— submission of a report on study findings and recommendations BY REPRESENTATIVE WOOTON to the House Committee on Education and the Senate A CONCURRENT RESOLUTION Committee on Education prior to the 2009 Regular Session of To urge and request nonprofit corporations located within the state of the Legislature. Louisiana who conduct charitable gaming to utilize charitable gaming proceeds solely for educational, charitable, patriotic, HOUSE CONCURRENT RESOLUTION NO. 131— religious, or public-spirited purposes within the state of BY REPRESENTATIVES ROY, ANDERS, FRANKLIN, KLECKLEY, LAFONTA, MONICA, AND PEARSON Louisiana. A CONCURRENT RESOLUTION HOUSE CONCURRENT RESOLUTION NO. 120— To urge and request the Department of Insurance to conduct a study BY REPRESENTATIVE HARDY on statutorily mandated health insurance benefits to determine A CONCURRENT RESOLUTION what each such statutory mandate costs in terms of absolute To urge and request the secretary of the Department of Public Safety dollars and as a percentage of total health insurance premiums. and Corrections, the sheriff, or any operator of a private correctional facility to provide notification within one hour of HOUSE CONCURRENT RESOLUTION NO. 143— BY REPRESENTATIVE HARDY discovery of the escape of a prisoner to the newspaper of general A CONCURRENT RESOLUTION circulation in the area where the prisoner escaped and to the To request the Department of Public Safety and Corrections to study radio and television media servicing the area where the prisoner and make recommendations on the feasibility of sentencing escaped for publication and broadcast. certain offenders who violate the Uniform Controlled Dangerous Substances Law to military service as an alternative to incarceration.

1146 37th DAY'S PROCEEDINGS Page 55 SENATE June 3, 2008

HOUSE CONCURRENT RESOLUTION NO. 85— HOUSE CONCURRENT RESOLUTION NO. 180— BY REPRESENTATIVE WILLIAMS BY REPRESENTATIVE PERRY A CONCURRENT RESOLUTION A CONCURRENT RESOLUTION To urge and request the House Committee on Health and Welfare To urge and request Louisiana State University to direct its academic and the Senate Committee on Health and Welfare to meet and faculty to prepare a report and outline on the social and function as a joint committee to study possible strategies, economic issues involved in the implementation of the rules and methods, and policies to prevent physicians and other health regulations of the National Flood Insurance Program as that care practitioners from prescribing an alternative brand of implementation affects the rebuilding efforts in all coastal medication because of financial incentives. Louisiana communities impacted by Hurricanes Katrina and Rita. HOUSE CONCURRENT RESOLUTION NO. 151— BY REPRESENTATIVES HOFFMANN, ARMES, AUBERT, AUSTIN HOUSE CONCURRENT RESOLUTION NO. 181— BADON, CARMODY, CARTER, CHANDLER, CHANEY, DIXON, DOWNS, BY REPRESENTATIVE MCVEA EDWARDS, LEGER, RICHARDSON, RITCHIE, PATRICIA SMITH, AND TRAHAN A CONCURRENT RESOLUTION A CONCURRENT RESOLUTION To urge and request the Department of Economic Development, the To urge and request the State Board of Elementary and Secondary division of administration, and the office of entertainment Education, in conjunction with the High School Redesign industry development to expeditiously move forward to review Commission, to develop and implement two separate curricular and approve infrastructure projects in the St. Francisville area. strands and two related diploma versions for high school students and to submit a written report on the status of such HOUSE CONCURRENT RESOLUTION NO. 182— BY REPRESENTATIVE PERRY development and implementation to the House Committee on A CONCURRENT RESOLUTION Education and the Senate Committee on Education not later than To urge and request the Vermilion Parish Police Jury to consider December 31, 2008. adoption of zoning ordinances to regulate the use of land HOUSE CONCURRENT RESOLUTION NO. 155— pursuant to authority granted to it and all parish governments by BY REPRESENTATIVE MILLS R.S. 33:4780.40 et seq. in an effort to protect and promote the A CONCURRENT RESOLUTION health, safety, and general welfare of the public. To urge and request the Department of Health and Hospitals to study the development and implementation of civil commitment HOUSE CONCURRENT RESOLUTION NO. 139— BY REPRESENTATIVE HARRISON procedures for the treatment of sexually violent predators and A CONCURRENT RESOLUTION child sexual predators. To urge and request the Louisiana Supreme Court to institute HOUSE CONCURRENT RESOLUTION NO. 116— mandatory continuing legal education for judges on the family BY REPRESENTATIVE TRAHAN law topics of child custody and child support guidelines. A CONCURRENT RESOLUTION To urge and request the State Board of Elementary and Secondary HOUSE CONCURRENT RESOLUTION NO. 129— Education, the Board of Supervisors of Community and BY REPRESENTATIVES LAFONTA AND GIROD JACKSON Technical Colleges, and the Board of Regents jointly to study A CONCURRENT RESOLUTION the feasibility and advisability of transferring the administration To direct the attorney general to investigate the design and of adult education programs from the State Board of Elementary construction defects in the foundations of homes built adjacent and Secondary Education to the Board of Supervisors of to canals in the Woodmere subdivision in Harvey, Louisiana. Community and Technical Colleges and to report study findings HOUSE CONCURRENT RESOLUTION NO. 149— and recommendations to the House Committee on Education BY REPRESENTATIVE LAFONTA and the Senate Committee on Education prior to the beginning A CONCURRENT RESOLUTION of the 2009 Regular Session. To urge and request the Louisiana Attorney Disciplinary Board to discipline prosecutors who violate the Rules of Professional HOUSE CONCURRENT RESOLUTION NO. 177— Conduct as adopted by the Supreme Court of Louisiana. BY REPRESENTATIVE GARY SMITH A CONCURRENT RESOLUTION To memorialize the United States Congress to extend the Gulf Respectfully submitted, Opportunity Zone Act of 2005 bonus depreciation benefit to all ALFRED W. SPEER parishes in the Gulf Opportunity Zone. Clerk of the House of Representatives HOUSE CONCURRENT RESOLUTION NO. 178— House Concurrent Resolutions BY REPRESENTATIVE PERRY on First Reading A CONCURRENT RESOLUTION To memorialize the United States Congress to take such actions as The following House Concurrent Resolutions were read a first are necessary to direct the Federal Emergency Management time by their titles and placed on the Calendar for their second Agency to review its recovery policies and programs and reading: prepare a report and outline on the social and economic issues involved in the implementation of the rules and regulations of HOUSE CONCURRENT RESOLUTION NO. 42— the National Flood Insurance Program, as that implementation BY REPRESENTATIVE HARDY AND SENATOR CRAVINS affects the rebuilding efforts in all coastal Louisiana A CONCURRENT RESOLUTION communities impacted by Hurricanes Katrina and Rita. To designate the city of Opelousas as the Zydeco Capital of the World. HOUSE CONCURRENT RESOLUTION NO. 179— BY REPRESENTATIVE PERRY The resolution was read by title; lies over under the rules. A CONCURRENT RESOLUTION To urge and request all state departments to review their recovery HOUSE CONCURRENT RESOLUTION NO. 81— policies and programs as they affect the rebuilding efforts in all BY REPRESENTATIVE NOWLIN coastal Louisiana communities impacted by Hurricanes Katrina A CONCURRENT RESOLUTION and Rita and to make recommendations to the Louisiana To create a task force to study and resolve problems between the Legislature as to practical alternatives to such policies to allow contract poultry growers and poultry integrators and to for the preservation of the unique culture of coastal Louisiana. recommend the best practices and approaches to resolving their problem; to require that a report of its findings and recommendations be submitted to the House Committee on

1147 Page 56 SENATE 37th DAY'S PROCEEDINGS June 3, 2008

Agriculture, Forestry, Aquaculture, and Rural Development and Program testing schedule to provide for the administration of the the Senate Committee on Agriculture specifying its activities, tests required pursuant to the program to begin no earlier than problems, recommendations, and action taken on the second week of April for the 2009-2010 school year and no recommendations. earlier than the first week of May for the 2010-2011 school year and thereafter, and to adopt a policy prohibiting any public The resolution was read by title; lies over under the rules. elementary or secondary school from starting the school year prior to the last week of August. HOUSE CONCURRENT RESOLUTION NO. 85— BY REPRESENTATIVE WILLIAMS The resolution was read by title; lies over under the rules. A CONCURRENT RESOLUTION To urge and request the House Committee on Health and Welfare HOUSE CONCURRENT RESOLUTION NO. 114— and the Senate Committee on Health and Welfare to meet and BY REPRESENTATIVE TRAHAN function as a joint committee to study possible strategies, A CONCURRENT RESOLUTION methods, and policies to prevent physicians and other health To urge and request the Board of Regents, in fulfilling the board's care practitioners from prescribing an alternative brand of constitutional duties to formulate and make timely revision of a medication because of financial incentives. master plan for postsecondary education, which shall include a formula for the equitable distribution of funds to the institutions The resolution was read by title; lies over under the rules. of postsecondary education, to require, effective with Fiscal Year 2009-2010 and thereafter, that at least fifteen percent of an HOUSE CONCURRENT RESOLUTION NO. 103— institution's funding pursuant to the formula be allocated based BY REPRESENTATIVE HOWARD on performance standards, including but not limited to A CONCURRENT RESOLUTION improvements in student retention and graduation rates and To urge and request the Judicial Council of the Supreme Court of increases in the amounts of external funding generated for the Louisiana to study whether the caseload of the Eleventh Judicial institution compared to institutional peers. District Court, comprised of Sabine Parish, warrants the creation of an additional judgeship. The resolution was read by title; lies over under the rules. The resolution was read by title; lies over under the rules. HOUSE CONCURRENT RESOLUTION NO. 115— BY REPRESENTATIVES TRAHAN, HARDY, AND HOFFMANN HOUSE CONCURRENT RESOLUTION NO. 104— A CONCURRENT RESOLUTION BY REPRESENTATIVES MONICA AND LEGER To urge and request the State Board of Elementary and Secondary A CONCURRENT RESOLUTION Education, in consultation with the Louisiana High School To authorize and request that the Board of Examiners of Certified Athletic Association, to study all issues relative to minimum Shorthand Reporters study whether there is a shortage of academic eligibility requirements for participation by students certified court reporters in rural parishes of the state and report in interscholastic athletics and other extracurricular activities, its findings and recommendations to the House of including but not limited to a review of other states' policies and Representatives prior to the convening of the 2009 Regular laws relative to such issue, and to submit a written report of Session. study findings and recommendations to the House Committee on Education and the Senate Committee on Education by not The resolution was read by title; lies over under the rules. later than January 1, 2009. HOUSE CONCURRENT RESOLUTION NO. 105— The resolution was read by title; lies over under the rules. BY REPRESENTATIVE JANE SMITH A CONCURRENT RESOLUTION HOUSE CONCURRENT RESOLUTION NO. 116— To urge and request the Louisiana Department of Veterans Affairs BY REPRESENTATIVE TRAHAN and the Veterans Affairs Commission to study and make A CONCURRENT RESOLUTION recommendations before the 2009 Regular Session of the To urge and request the State Board of Elementary and Secondary Legislature, to establish the Afghanistan, Iraq, Global War on Education, the Board of Supervisors of Community and Terror Bonus Plan and to recommend a program for payments Technical Colleges, and the Board of Regents jointly to study to certain Louisiana residents who have been deployed for active the feasibility and advisability of transferring the administration duty in either Operation Enduring Freedom, Operation Iraqi of adult education programs from the State Board of Elementary Freedom, or the Global War on Terror. and Secondary Education to the Board of Supervisors of Community and Technical Colleges and to report study findings The resolution was read by title; lies over under the rules. and recommendations to the House Committee on Education and the Senate Committee on Education prior to the beginning HOUSE CONCURRENT RESOLUTION NO. 107— of the 2009 Regular Session. BY REPRESENTATIVE DOWNS A CONCURRENT RESOLUTION To urge and request the Board of Regents, in consultation with the The resolution was read by title; lies over under the rules. public postsecondary education management boards, to study HOUSE CONCURRENT RESOLUTION NO. 119— current policies and practices relative to the accessibility of BY REPRESENTATIVE WOOTON textbooks and other instructional materials for use by blind A CONCURRENT RESOLUTION students at public postsecondary educational institutions and to To urge and request nonprofit corporations located within the state of submit a written report of study findings and recommendations Louisiana who conduct charitable gaming to utilize charitable to the House Committee on Education and the Senate gaming proceeds solely for educational, charitable, patriotic, Committee on Education not later than sixty days prior to the religious, or public-spirited purposes within the state of convening of the 2009 Regular Session. Louisiana. The resolution was read by title; lies over under the rules. The resolution was read by title; lies over under the rules. HOUSE CONCURRENT RESOLUTION NO. 110— HOUSE CONCURRENT RESOLUTION NO. 120— BY REPRESENTATIVES JANE SMITH, HENRY BURNS, EDWARDS, BY REPRESENTATIVE HARDY HOFFMANN, AND TRAHAN A CONCURRENT RESOLUTION A CONCURRENT RESOLUTION To urge and request the secretary of the Department of Public Safety To urge and request the State Board of Elementary and Secondary and Corrections, the sheriff, or any operator of a private Education to revise the Louisiana Educational Assessment correctional facility to provide notification within one hour of

1148 37th DAY'S PROCEEDINGS Page 57 SENATE June 3, 2008

discovery of the escape of a prisoner to the newspaper of general HOUSE CONCURRENT RESOLUTION NO. 139— circulation in the area where the prisoner escaped and to the BY REPRESENTATIVE HARRISON radio and television media servicing the area where the prisoner A CONCURRENT RESOLUTION escaped for publication and broadcast. To urge and request the Louisiana Supreme Court to institute mandatory continuing legal education for judges on the family The resolution was read by title; lies over under the rules. law topics of child custody and child support guidelines. HOUSE CONCURRENT RESOLUTION NO. 125— The resolution was read by title; lies over under the rules. BY REPRESENTATIVE BARROW A CONCURRENT RESOLUTION HOUSE CONCURRENT RESOLUTION NO. 143— To urge and request the Department of Labor to study the need for an BY REPRESENTATIVE HARDY annual cost-of-living wage increase for direct support A CONCURRENT RESOLUTION professionals and design a plan for implementing such raises for To request the Department of Public Safety and Corrections to study direct support professionals. and make recommendations on the feasibility of sentencing certain offenders who violate the Uniform Controlled Dangerous The resolution was read by title; lies over under the rules. Substances Law to military service as an alternative to incarceration. HOUSE CONCURRENT RESOLUTION NO. 126— BY REPRESENTATIVE LABRUZZO The resolution was read by title; lies over under the rules. A CONCURRENT RESOLUTION To urge and request the legislative auditor to conduct an audit of the HOUSE CONCURRENT RESOLUTION NO. 149— Greater New Orleans Expressway Commission. BY REPRESENTATIVE LAFONTA A CONCURRENT RESOLUTION The resolution was read by title; lies over under the rules. To urge and request the Louisiana Attorney Disciplinary Board to discipline prosecutors who violate the Rules of Professional HOUSE CONCURRENT RESOLUTION NO. 129— Conduct as adopted by the Supreme Court of Louisiana. BY REPRESENTATIVES LAFONTA AND GIROD JACKSON A CONCURRENT RESOLUTION The resolution was read by title; lies over under the rules. To direct the attorney general to investigate the design and construction defects in the foundations of homes built adjacent HOUSE CONCURRENT RESOLUTION NO. 151— to canals in the Woodmere subdivision in Harvey, Louisiana. BY REPRESENTATIVES HOFFMANN, ARMES, AUBERT, AUSTIN BADON, CARMODY, CARTER, CHANDLER, CHANEY, DIXON, DOWNS, EDWARDS, LEGER, RICHARDSON, RITCHIE, PATRICIA SMITH, AND The resolution was read by title; lies over under the rules. TRAHAN A CONCURRENT RESOLUTION HOUSE CONCURRENT RESOLUTION NO. 130— To urge and request the State Board of Elementary and Secondary BY REPRESENTATIVE ABRAMSON Education, in conjunction with the High School Redesign A CONCURRENT RESOLUTION Commission, to develop and implement two separate curricular To urge and request the Louisiana State Law Institute to study and strands and two related diploma versions for high school make recommendations on the revision of the laws relative to students and to submit a written report on the status of such the use and prohibition of counterletters. development and implementation to the House Committee on Education and the Senate Committee on Education not later than The resolution was read by title; lies over under the rules. December 31, 2008. HOUSE CONCURRENT RESOLUTION NO. 131— The resolution was read by title; lies over under the rules. BY REPRESENTATIVES ROY, ANDERS, FRANKLIN, KLECKLEY, LAFONTA, MONICA, AND PEARSON A CONCURRENT RESOLUTION HOUSE CONCURRENT RESOLUTION NO. 155— BY REPRESENTATIVE MILLS To urge and request the Department of Insurance to conduct a study A CONCURRENT RESOLUTION on statutorily mandated health insurance benefits to determine To urge and request the Department of Health and Hospitals to study what each such statutory mandate costs in terms of absolute the development and implementation of civil commitment dollars and as a percentage of total health insurance premiums. procedures for the treatment of sexually violent predators and The resolution was read by title; lies over under the rules. child sexual predators. HOUSE CONCURRENT RESOLUTION NO. 132— The resolution was read by title; lies over under the rules. BY REPRESENTATIVE JANE SMITH A CONCURRENT RESOLUTION HOUSE CONCURRENT RESOLUTION NO. 176— To urge and request the State Board of Elementary and Secondary BY REPRESENTATIVE KATZ Education to study and review recommended best practices A CONCURRENT RESOLUTION relative to the use of additional safety devices not currently To recognize June 12, 2008, as the Daughters of the American required by law to alert motor vehicle drivers when a school bus Revolution, Sons of the American Revolution, and Children of is preparing to stop or is stopped on a roadway for the loading the American Revolution Day in Louisiana. or unloading of riders or is stopped for other reasons as required by law; to provide for the board to make certain determinations The resolution was read by title; lies over under the rules. relative to establishing a pilot program to be implemented HOUSE CONCURRENT RESOLUTION NO. 177— during the 2009-2010 school year for the purpose of evaluating BY REPRESENTATIVE GARY SMITH benefits to the safety of students, other bus riders, and bus A CONCURRENT RESOLUTION operators of requiring school buses to be equipped with such To memorialize the United States Congress to extend the Gulf additional devices; to provide study guidelines; and to require Opportunity Zone Act of 2005 bonus depreciation benefit to all submission of a report on study findings and recommendations parishes in the Gulf Opportunity Zone. to the House Committee on Education and the Senate Committee on Education prior to the 2009 Regular Session of The resolution was read by title; lies over under the rules. the Legislature. The resolution was read by title; lies over under the rules.

1149 Page 58 SENATE 37th DAY'S PROCEEDINGS June 3, 2008

HOUSE CONCURRENT RESOLUTION NO. 178— I am directed by your Committee on Judiciary A to submit the BY REPRESENTATIVE PERRY following report: A CONCURRENT RESOLUTION To memorialize the United States Congress to take such actions as SENATE BILL NO. 700— are necessary to direct the Federal Emergency Management BY SENATOR QUINN Agency to review its recovery policies and programs and AN ACT prepare a report and outline on the social and economic issues To amend and reenact R.S. 44:4.1(B)(28) and to enact R.S. involved in the implementation of the rules and regulations of 46:236.1.11, relative to child support programs; to provide for the National Flood Insurance Program, as that implementation electronic data matching and cooperation between the affects the rebuilding efforts in all coastal Louisiana Department of Social Services and any insurance company communities impacted by Hurricanes Katrina and Rita. licensed to issue insurance policies in the state; to provide for liability; to provide for unauthorized disclosure; to provide for The resolution was read by title; lies over under the rules. an exception from the public records law; and to provide for related matters. HOUSE CONCURRENT RESOLUTION NO. 179— BY REPRESENTATIVE PERRY Reported with amendments. A CONCURRENT RESOLUTION To urge and request all state departments to review their recovery HOUSE BILL NO. 16— policies and programs as they affect the rebuilding efforts in all BY REPRESENTATIVE GREENE coastal Louisiana communities impacted by Hurricanes Katrina AN ACT and Rita and to make recommendations to the Louisiana To amend and reenact Code of Civil Procedure Article 4843(D), (E), Legislature as to practical alternatives to such policies to allow (F), and (G), relative to city court jurisdiction; to increase the for the preservation of the unique culture of coastal Louisiana. civil jurisdictional amount in dispute for the City Court of Baker, the City Court of Baton Rouge, the First and Second City The resolution was read by title; lies over under the rules. Courts of the city of New Orleans, and the City Court of Zachary; and to provide for related matters. HOUSE CONCURRENT RESOLUTION NO. 180— BY REPRESENTATIVE PERRY Reported with amendments. A CONCURRENT RESOLUTION To urge and request Louisiana State University to direct its academic HOUSE BILL NO. 29— faculty to prepare a report and outline on the social and BY REPRESENTATIVE MORRIS economic issues involved in the implementation of the rules and AN ACT regulations of the National Flood Insurance Program as that To amend and reenact Children's Code Article 327(A)(2), relative to implementation affects the rebuilding efforts in all coastal videotaped statements of protected persons; to provide with Louisiana communities impacted by Hurricanes Katrina and respect to the admissibility of videotaped statements of Rita. protected persons in juvenile proceedings; and to provide for related matters. The resolution was read by title; lies over under the rules. Reported favorably. HOUSE CONCURRENT RESOLUTION NO. 181— BY REPRESENTATIVE MCVEA HOUSE BILL NO. 129— A CONCURRENT RESOLUTION BY REPRESENTATIVES MONICA, MILLS, AND RICHARDSON To urge and request the Department of Economic Development, the AN ACT division of administration, and the office of entertainment To amend and reenact Code of Civil Procedure Article 4911(A) and industry development to expeditiously move forward to review 4912(A)(1) and (B), relative to justice of the peace courts; to and approve infrastructure projects in the St. Francisville area. increase the civil jurisdictional amount in dispute generally and in other specific cases; and to provide for related matters. The resolution was read by title; lies over under the rules. Reported favorably. HOUSE CONCURRENT RESOLUTION NO. 182— BY REPRESENTATIVE PERRY HOUSE BILL NO. 134— A CONCURRENT RESOLUTION BY REPRESENTATIVE HENRY To urge and request the Vermilion Parish Police Jury to consider AN ACT adoption of zoning ordinances to regulate the use of land To enact R.S. 13:4344.1, relative to the removal of mortgage pursuant to authority granted to it and all parish governments by inscriptions affecting property subject to judicial sale; to provide R.S. 33:4780.40 et seq. in an effort to protect and promote the for the contents and filing of an affidavit by a title insurer; to health, safety, and general welfare of the public. provide procedures for the removal of mortgage inscriptions; to provide a cause of action for improper cancellation; to provide The resolution was read by title; lies over under the rules. for indemnification and exemption from liability under certain circumstances; and to provide for related matters. Reports of Committees Reported favorably. The following reports of committees were received and read: HOUSE BILL NO. 136— BY REPRESENTATIVE HENRY REPORT OF COMMITTEE ON AN ACT To amend and reenact R.S. 13:917(A) and to enact R.S. 13:2562.26, JUDICIARY A relative to the destruction of useless records by clerks of court; to provide for time limitations on the destruction of records; to Senator Julie Quinn, Chairman on behalf of the Committee on provide for conformity of such provisions in parish courts in Judiciary A, submitted the following report: Jefferson Parish, including limitation of actions against the clerk or judge for destruction of such records; and to provide for June 3, 2008 related matters. To the President and Members of the Senate: Reported with amendments.

1150 37th DAY'S PROCEEDINGS Page 59 SENATE June 3, 2008

HOUSE BILL NO. 138— HOUSE BILL NO. 681— BY REPRESENTATIVE GEYMANN BY REPRESENTATIVE HUTTER AN ACT AN ACT To enact R.S. 13:2586(F), relative to constables of justice of the To amend and reenact Children's Code Article 814(D), relative to peace courts; to authorize constables of such courts to juveniles; to provide with respect to the taking of a child into effectuate service of process parishwide; and to provide for custody without a court order; to provide relative to duties of the related matters. peace officer; and to provide for related matters. Reported favorably. Reported favorably. HOUSE BILL NO. 139— HOUSE BILL NO. 682— BY REPRESENTATIVE HENRY BY REPRESENTATIVE HUTTER AN ACT AN ACT To amend and reenact Children's Code Article 415(B) and to enact To amend and reenact Children's Code Article 818, relative to Children's Code Article 415(A)(3), relative to the destruction of juveniles; to provide with respect to the identification inactive and closed files; to provide for destruction of certain procedures when taking children into custody; to authorize the domestic relations and adoption reports and records; to provide photographing and fingerprinting of children taken into custody guidelines for electronic reproduction; and to provide for related for felony and misdemeanor acts; to provide for the destruction matters. of fingerprint records in certain cases; and to provide for related matters. Reported with amendments. Reported with amendments. HOUSE BILL NO. 283— BY REPRESENTATIVE GREENE HOUSE BILL NO. 768— AN ACT BY REPRESENTATIVE ABRAMSON To amend and reenact Children's Code Articles 631(A) and 652, AN ACT relative to child in need of care proceedings; to provide relative To amend and reenact Code of Civil Procedure Article 2293(D), to filing petitions; to provide relative to discovery; and to relative to notice of seizure in judgment debtor cases; to delete provide for related matters. provisions requiring the automatic cancellation of the notice of seizure of property; to provide that a notice of seizure shall Reported favorably. prescribe ten years after the date of recordation; to authorize a method of reinscription; and to provide for related matters. HOUSE BILL NO. 388— BY REPRESENTATIVE GREENE Reported with amendments. AN ACT To amend and reenact Civil Code Articles 466 and 508, relative to HOUSE BILL NO. 781— component parts of immovable property; to provide relative to BY REPRESENTATIVE WADDELL buildings and other constructions; to provide relative to AN ACT accessories; and to provide for related matters. To enact Chapter 9 of Title 35 of the Louisiana Revised Statutes of 1950, to be comprised of R.S. 35:601 through 604, relative to Reported favorably. notaries public; to provide relative to the unlawful exercise of notarial powers; to provide for certain prohibitions; to provide HOUSE BILL NO. 393— for penalties; to provide for the filing of complaints; to provide BY REPRESENTATIVE GREENE for notice; to provide relative to evidence; to provide for the AN ACT development of forms; to provide for applicability to attorneys To amend and reenact Code of Civil Procedure Article 1702(E), licensed to practice law in this state; and to provide for related relative to default judgments; to provide for the confirmation of matters. default judgments in a demand for divorce; to require certification of service; to provide for a certification by the clerk Reported with amendments. of court; and to provide for related matters. HOUSE BILL NO. 815— Reported favorably. BY REPRESENTATIVE ABRAMSON AN ACT HOUSE BILL NO. 424— To amend and reenact R.S. 9:5681(A) and (D), relative to BY REPRESENTATIVE GREENE prescription; to provide time periods for setting aside the sale of AN ACT certain immovable property; to provide exceptions; and to To amend and reenact Code of Civil Procedure Article 74.4, relative provide for related matters. to venue; to provide for venue for a suit on a promissory note; and to provide for related matters. Reported favorably. Reported favorably. HOUSE BILL NO. 828— BY REPRESENTATIVE HENRY HOUSE BILL NO. 633— AN ACT BY REPRESENTATIVE ANDERS To amend and reenact Code of Civil Procedure Article 258(A) and AN ACT (C), relative to electronic filing of certain instruments; to require To enact R.S. 9:2795.5, relative to civil liability; to provide a compliance with the Louisiana Uniform Electronic Transactions limitation of liability for certain agritourism activities; to Act; to authorize any person to file certain electronic provide for definitions; to provide for exceptions; to require instruments; to repeal the requirement of the subsequent filing certain warnings; and to provide for related matters. of a written instrument; and to provide for related matters. Reported with amendments. Reported favorably.

1151 Page 60 SENATE 37th DAY'S PROCEEDINGS June 3, 2008

HOUSE BILL NO. 840— HOUSE BILL NO. 1354— (Substitute for House Bill No. 142 by BY REPRESENTATIVE HUTTER Representative Lopinto) AN ACT BY REPRESENTATIVE LOPINTO To amend and reenact R.S. 32:414.2(A)(2)(a) and (b), relative to AN ACT commercial motor vehicle drivers disqualification; to provide a To amend and reenact R.S. 29:732(A) and 734(B), relative to price definition of felony; and to provide for related matters. gouging during a declared state of emergency; to provide that the prices charged or the value received by individual merchants Reported favorably. may not exceed the prices ordinarily charged by the individual merchant; to delete specified activities as constituting prima HOUSE BILL NO. 863— facie proof of a violation; to provide for price changes BY REPRESENTATIVE ABRAMSON attributable to market conditions; to provide for business risk AN ACT expenses; and to provide for related matters. To amend and reenact R.S. 9:5682, relative to power of attorney; to provide for prescription of actions to set aside a document or Reported with amendments. instrument on the ground that a power of attorney was unauthorized or invalid; to provide for prescription of actions HOUSE BILL NO. 1356— (Substitute for House Bill No. 986 by involving documents recorded prior to August 15, 2008; and to Representative Abramson) provide for related matters. BY REPRESENTATIVE ABRAMSON AN ACT Reported favorably. To amend and reenact R.S. 9:5685, relative to the prescription of liens, privileges, and judgments; to provide for a ten-year HOUSE BILL NO. 879— prescriptive period for all liens, privileges, and judgments, BY REPRESENTATIVE SCHRODER including the effect of recordation, in favor of the state, its AN ACT agencies, and all political subdivisions thereof; to provide for To enact R.S. 13:2620, relative to justices of the peace; to provide for reinscription; to provide for definitions; and to provide for one justice of the peace in Ward 3 of St. Tammany Parish; to related matters. provide for one justice of the peace court; to abolish one office of justice of the peace; to continue the two offices of constable; Reported with amendments. to provide for an effective date; and to provide for related matters. Respectfully submitted, JULIE QUINN Reported favorably. Chairman HOUSE BILL NO. 1004— BY REPRESENTATIVE CONNICK Privilege Report of the Committee on AN ACT Senate and Governmental Affairs To amend and reenact R.S. 13:3667.3(B) and (C), R.S. 49:956.1, Code of Civil Procedure Article 1469(5), and Code of Criminal ENROLLMENTS Procedure Article 740 and to enact R.S. 13:3667.3(D) and (E), relative to the attendance and testimony of legislators and Senator Kostelka, Chairman on behalf of the Committee on legislative personnel in certain court and administrative Senate and Governmental Affairs, submitted the following report: proceedings; to provide for a definition of "legislative employee"; to provide with respect to the issuance of orders June 3, 2008 compelling discovery; to provide with respect to the issuance of subpoenas directing the testimony of matters of legislative To the President and Members of the Senate: speech and debate; to authorize the taking of supervisory writs; and to provide for related matters. I am directed by your Committee on Senate and Governmental Affairs to submit the following report: Reported favorably. The following Senate Concurrent Resolution has been properly HOUSE BILL NO. 1008— BY REPRESENTATIVE ABRAMSON enrolled: AN ACT To enact R.S. 9:1149.4(C) and R.S. 32:412.1(A)(3)(y), relative to the SENATE CONCURRENT RESOLUTION NO. 87— BY SENATOR QUINN immobilization of manufactured homes; to require the filing of A CONCURRENT RESOLUTION the recorded act of immobilization with the secretary of the To commend and congratulate the players, coach, owner, and staff of Department of Public Safety and Corrections; to require the the New Orleans Hornets Basketball Team for a terrific season secretary to create a public record of the filings; to provide for in the 2007-2008 National Basketball Association. a filing fee; to provide for a notice of the filing; to provide for the content of the filings; to provide for prospective application; Respectfully submitted, and to provide for related matters. ROBERT W. "BOB" KOSTELKA Chairman Reported with amendments. The foregoing Senate Concurrent Resolution was signed by the HOUSE BILL NO. 1127— (Substitute for House Bill No. 663 by President of the Senate. Representative Hutter) BY REPRESENTATIVE HUTTER AN ACT Message from the House To enact R.S. 9:2793.9, relative to civil liability; to provide a limitation of liability for certain religious organizations; to SIGNED HOUSE CONCURRENT RESOLUTIONS provide an exception for willful and wanton misconduct; and to provide for related matters. June 2, 2008 Reported favorably. To the Honorable President and Members of the Senate: I am directed to inform your honorable body that the Speaker of

1152 37th DAY'S PROCEEDINGS Page 61 SENATE June 3, 2008 the House of Representatives has signed the following House HOUSE CONCURRENT RESOLUTION NO. 158— Concurrent Resolutions: BY REPRESENTATIVES WHITE AND MCVEA AND SENATOR BROOME HOUSE CONCURRENT RESOLUTION NO. 11— A CONCURRENT RESOLUTION BY REPRESENTATIVE HILL To commend the Zachary High School baseball team upon winning A CONCURRENT RESOLUTION the 2008 Class 4A State Championship. To urge and request the Louisiana Department of Transportation and Development to designate the portion of Louisiana Highway HOUSE CONCURRENT RESOLUTION NO. 161— 165 North from Oakdale city limits to the Rapides Parish line as BY REPRESENTATIVE ELBERT GUILLORY the "Staff Sergeant Timothy B. Cole, Jr. Memorial Highway" A CONCURRENT RESOLUTION and to erect signage along this route reflecting this designation. To recognize Tuesday, June 3, 2008, as Louisiana District Attorney Elder Abuse Awareness Day and to encourage Louisiana HOUSE CONCURRENT RESOLUTION NO. 21— residents to celebrate the accomplishments of the state's seniors. BY REPRESENTATIVE GARY SMITH A CONCURRENT RESOLUTION and asked that the President of the Senate affix his signature to the To urge and request the Louisiana Department of Transportation and same. Development to study the feasibility of constructing center turn lanes on certain portions of Louisiana Highway 48 in St. Charles Respectfully submitted, Parish. ALFRED W. SPEER Clerk of the House of Representatives HOUSE CONCURRENT RESOLUTION NO. 27— BY REPRESENTATIVES CONNICK AND MORRELL The House Concurrent Resolutions contained herein were signed A CONCURRENT RESOLUTION by the President of the Senate. To urge and request the Department of Public Safety and Corrections to develop and implement a policy which allows for certified copies of state identification cards to be used as substantiating Message from the House documentation in obtaining a duplicate or replacement SIGNED HOUSE BILLS AND identification card. JOINT RESOLUTIONS HOUSE CONCURRENT RESOLUTION NO. 57— BY REPRESENTATIVE FOIL June 2, 2008 A CONCURRENT RESOLUTION To urge and request the Louisiana State Law Institute to study and To the Honorable President and Members of the Senate: make recommendations on the revision, reorganization, and consolidation of the laws on registry with particular emphasis on I am directed to inform your honorable body that the Speaker of the laws relative to the cancellation of mortgage and privilege the House of Representatives has signed the following House Bills inscriptions. and Joint Resolutions: HOUSE CONCURRENT RESOLUTION NO. 63— HOUSE BILL NO. 91— BY REPRESENTATIVE HARDY BY REPRESENTATIVE ARNOLD A CONCURRENT RESOLUTION AN ACT To urge and request the United States Congress to increase penalties To amend and reenact R.S. 6:2(16) and 4 and to enact R.S. 6:2(17), for any person who knowingly hires, or recruits or refers for a relative to financial institution employment references; to fee, for employment within this state, an individual who is not provide that trust companies may release certain information to authorized to work in the United States, or who knowingly other financial institutions; and to provide for related matters. continues to employ an unauthorized alien. HOUSE BILL NO. 140— HOUSE CONCURRENT RESOLUTION NO. 70— BY REPRESENTATIVES KLECKLEY AND MONICA BY REPRESENTATIVE LABRUZZO AN ACT A CONCURRENT RESOLUTION To amend and reenact R.S. 22:680(1)(a)(iv) and (4), relative to To amend the Department of Health and Hospitals, office of uninsured motorist coverage; to delete reference to repealed management and finance, bureau of health services financing statute; and to provide for related matters. rule (LAC 48:I.7441(A)(1)), which provides for the core requirements for certain addiction treatment programs, and to HOUSE BILL NO. 141— BY REPRESENTATIVES KLECKLEY AND MONICA direct the office of the state register to print the amendments in AN ACT the Louisiana Administrative Code. To amend and reenact R.S. 22:667.1(A), relative to residential HOUSE CONCURRENT RESOLUTION NO. 80— property insurance policies; to correct statutory reference to BY REPRESENTATIVE MICKEY GUILLORY homeowner's insurance; and to provide for related matters. A CONCURRENT RESOLUTION To authorize the Acadiana Region Supports and Services Center to HOUSE BILL NO. 156— BY REPRESENTATIVE ARNOLD enter into a cooperative endeavor agreement with the Acadiana AN ACT Region Supports and Services Center Families Association, Inc., To enact R.S. 37:3395.1, relative to the Louisiana Real Estate in the development of the Acadiana Region Institute for Appraisers Board; to create the Peer Review Committee within Community Growth, a nonprofit organization. the Louisiana Real Estate Appraisers Board; to provide for HOUSE CONCURRENT RESOLUTION NO. 157— powers and duties of the committee; to provide for BY REPRESENTATIVES WHITE AND RICHARDSON AND SENATORS reimbursement of expenses and mileage; to provide for ERDEY AND MARIONNEAUX exclusion from liability or damages; and to provide for related A CONCURRENT RESOLUTION matters. To commend the Central Private School baseball team upon winning the Mississippi Private School Association (MPSA) 2008 Class HOUSE BILL NO. 180— 2A State Championship. BY REPRESENTATIVE GALLOT AND SENATOR WALSWORTH AN ACT To enact R.S. 49:191(3)(m), relative to the termination and re- creation of statutory entities; to provide relative to the termination of the Department of Veterans Affairs and statutory

1153 Page 62 SENATE 37th DAY'S PROCEEDINGS June 3, 2008

entities made a part of the department; and to provide for HOUSE BILL NO. 670— related matters. BY REPRESENTATIVES WILLIAMS, BARROW, DOERGE, HINES, SIMON, AND WILLMOTT HOUSE BILL NO. 194— AN ACT BY REPRESENTATIVE KATZ To amend and reenact R.S. 46:1301(A)(introductory paragraph) and AN ACT (1) and (B), relative to autism services provided by the To enact R.S. 40:2116.36(E), relative to home health care providers; Department of Health and Hospitals; to transfer the center of to provide for the denial, revocation, or nonrenewal of a home excellence for autism to the office of citizens with health agency license; and to provide for related matters. developmental disabilities; to rename the center; to provide for formal agreements with the center; to establish the location of HOUSE BILL NO. 196— the center and any facilities; and to provide for related matters. BY REPRESENTATIVE KATZ AN ACT HOUSE BILL NO. 728— To enact R.S. 49:191(4) and to repeal R.S. 49:191(2)(c), relative to BY REPRESENTATIVE SIMON the Department of Health and Hospitals, including provisions to AN ACT provide for the re-creation of the Department of Health and To amend and reenact R.S. 37:146(B), (C), and (D) and to enact R.S. Hospitals and the statutory entities made a part of the 37:146.1, relative to qualifications for examination of architects; department by law; to provide for the effective termination date to provide for additional qualifications for examinations for for all statutory authority for the existence of such statutory applicants; to provide for the ability for the board to adopt rules; entities; and to provide for related matters. to provide for licensing for architects; and to provide for related matters. HOUSE BILL NO. 219— BY REPRESENTATIVE ARNOLD HOUSE BILL NO. 790— AN ACT BY REPRESENTATIVES FOIL, ABRAMSON, AUBERT, AUSTIN BADON, BOBBY BADON, CARMODY, CARTER, CHAMPAGNE, CHANDLER, To repeal R.S. 13:3737, relative to the quality review privilege of CHANEY, CONNICK, DOWNS, EDWARDS, FANNIN, GISCLAIR, accountants. GREENE, MICKEY GUILLORY, GUINN, HENRY, HINES, HOFFMANN, HOWARD, HUTTER, KATZ, KLECKLEY, LABRUZZO, LAMBERT, LEGER, LIGI, LOPINTO, LORUSSO, MONICA, MORRELL, MORRIS, HOUSE BILL NO. 223— PEARSON, PERRY, PONTI, PUGH, RICHARD, RICHARDSON, BY REPRESENTATIVES KLECKLEY AND MONICA ROBIDEAUX, SCHRODER, SIMON, SMILEY, JANE SMITH, ST. AN ACT GERMAIN, TEMPLET, TUCKER, WADDELL, WHITE, AND WILLMOTT To amend and reenact R.S. 22:1479, relative to insurers and other AN ACT entities regulated by the commissioner of insurance; to require To repeal R.S. 18:402(F)(5), relative to election dates; to eliminate life or health and accident insurers, health maintenance the July election date for bond, tax, and other proposition organizations, managing general agents, and third-party elections; and to provide for related matters. administrators to maintain written catastrophe response plans; and to provide for related matters. HOUSE BILL NO. 861— BY REPRESENTATIVES HINES, ABRAMSON, ANDERS, ARMES, ARNOLD, AUBERT, AUSTIN BADON, BOBBY BADON, BARRAS, HOUSE BILL NO. 320— BARROW, BILLIOT, BURFORD, HENRY BURNS, BURRELL, CARMODY, BY REPRESENTATIVE ARNOLD CARTER, CHAMPAGNE, CHANDLER, CHANEY, CONNICK, CORTEZ, AN ACT CROMER, DANAHAY, DIXON, DOERGE, DOWNS, EDWARDS, To amend and reenact R.S. 56:1948.6(C), relative to the Louisiana ELLINGTON, FANNIN, FOIL, GISCLAIR, GREENE, ELBERT GUILLORY, MICKEY GUILLORY, GUINN, HAZEL, HENDERSON, HENRY, HILL, Byways Program; to provide relative to the official logo; and to HOFFMANN, HOWARD, HUTTER, GIROD JACKSON, JOHNSON, provide for related matters. ROSALIND JONES, SAM JONES, KATZ, LABRUZZO, LAFONTA, LAMBERT, LEBAS, LEGER, LIGI, LITTLE, LOPINTO, LORUSSO, HOUSE BILL NO. 363— MCVEA, MILLS, MONICA, MONTOUCET, MORRIS, NORTON, NOWLIN, BY REPRESENTATIVE LEBAS PEARSON, PERRY, PONTI, POPE, PUGH, RICHARD, RICHARDSON, RICHMOND, ROY, SCHRODER, SIMON, SMILEY, GARY SMITH, JANE AN ACT SMITH, PATRICIA SMITH, ST. GERMAIN, TALBOT, TEMPLET, To amend and reenact R.S. 37:1479(A) and (B), relative to the TRAHAN, TUCKER, WADDELL, WHITE, WILLIAMS, WILLMOTT, AND licensing of home inspectors; to provide for the expiration of WOOTON AND SENATOR WALSWORTH licenses; to provide for the renewal of licenses; and to provide AN ACT for related matters. To enact Chapter 62 of Title 46 of the Louisiana Revised Statutes of 1950, to be comprised of R.S. 46:2881 and 2882, relative to the HOUSE BILL NO. 508— Umbilical Cord Blood Banking Program; to provide for a short BY REPRESENTATIVE ARNOLD title; to establish the program within the Department of Health AN ACT and Hospitals; to provide for the duties of the department; to To amend and reenact R.S. 37:77(H), 83(A), (B), and (C), and 86(C) provide for funding; and to provide for related matters. and to enact R.S. 37:73(18), relative to the Louisiana Accountancy Act; to provide for a definition; to provide for HOUSE BILL NO. 960— changes to the acceptance of peer reviews by the board; to BY REPRESENTATIVE GALLOT provide that peer reviews are privileged; to provide for changes AN ACT to unlawful acts by certified public accountants; and to provide To amend and reenact R.S. 18:1309.2, relative to a program for early for related matters. voting; to authorize the secretary of state to develop and implement a program for the conduct of early voting in HOUSE BILL NO. 606— additional locations; to require the secretary of state, clerks of BY REPRESENTATIVE LOPINTO court, and the registrars of voters to work together to develop AN ACT and implement the program; to require the approval of the To amend and reenact R.S. 22:1404(E) and (F) and to enact R.S. program by the House and Senate governmental affairs 22:1404(G), relative to automobile insurance rate reductions; to committees prior to implementation; to require the secretary of provide with respect to a rate reduction for automobiles that state to provide a report regarding the program to the House and have technology that aids in the recovery of stolen vehicles; and Senate governmental affairs committees; and to provide for to provide for related matters. related matters.

1154 37th DAY'S PROCEEDINGS Page 63 SENATE June 3, 2008

HOUSE BILL NO. 1017— 170(D)(5)(introductory paragraph), 173(A), 181, 182, 185.3(D), BY REPRESENTATIVE GALLOT 571.11(B), 572.8(G) and (H), and 574.9(A), R.S. 17:416(B)(2) AN ACT and (3)(d)(iv), (C)(1) and (2)(a)(i), and (E), 525(A)(1) and (C), To amend and reenact R.S. 18:18(A)(8)(b), 51(C), 108(B), 1518.1(I)(3) and (J), 1990(B)(1)(c) and (d), 110(B)(2)(b), 115(A)(3), 154(C), 171, 172, 193(E) and (F), 3048.1(A)(1)(a)(iii)(dd)(I) and (V)(3)(a), 3394.1, 3394.2(6), and 196(D), 425(B)(4), 443.2(7), 503, 532(B)(5), 532.1(B)(2)(b) and 3394.3(B)(introductory paragraph) and (1)(b), R.S. 23:101, (D), 535(B), 563(C)(2), 564(A), 566.2(B) and (G), 571, 1259(A) 107(C) and (D), 111(A), (B)(3)(e), and (F), 897(K) and (M), and (B)(1), (2)(introductory paragraph), and (5), 1275.14(B), 1191, 1195(A)(1) and (5)(a), (B)(introductory paragraph), (1)(a), 1284(F)(1), 1299.1(A), 1306(B)(2), 1307(C), 1309(B), 1313(D), (2)(b), and (3)(a), and (C)(5)(a) and (b)(vi), 1196(A)(2)(c)(i), 1402(A)(introductory paragraph) and (B)(1)(introductory (3)(b), and (5), 1209(A), (B), and (D), 1211, 1378(A)(6)(b), (B), paragraph), and 1903, to enact R.S. 18:2(12), 552(A)(4), (C), (D), and (F)(1) through (29) and (30)(a)(iii), 1300.7(C), (D), and (E), 1306(B)(3), 1309(J), and 1332(C), and 1392(introductory paragraph), (5), and (8)(a), 1532.1(B)(1)(a) to repeal R.S. 18:532.1(G) and (H), relative to the Louisiana and (b) and (2), (C)(1)(a) and (b), (2), and (3), and (E), 1541, Election Code; to provide relative to the powers and duties of 1552, 1553(A), (B)(3), (4), (5), and (10)(a) and (b), and (D)(4), the secretary of state; to provide relative to the duties of clerks and 1775(D)(2), R.S. 28:854(B)(1) and (C) and 894(A)(2) and of court; to provide relative to the duties of registrars of voters; (4), (B)(1), and (C), R.S. 32:784(B), R.S. 38:330.8(B)(4), 334.3, to provide relative to the duties of the secretary of the and 2212(C)(1), R.S. 56:320(A)(3) and 327(D) and to repeal Department of Public Safety and Corrections; to provide R.S. 14:50.1, 54, 85.1, and 91.14, relative to the Louisiana definitions; to provide relative to filling a vacancy in the office Revised Statutes of 1950; to provide for technical corrections to of registrar of voters; to provide relative to transfer and certain Revised Statutes; to provide for the Louisiana State Law cancellation of duplicate registrations; to provide relative to the Institute to redesignate certain provisions of Title 40 of the effectiveness of certain changes in registration; to provide Louisiana Revised Statutes of 1950; to remove certain relative to disclosure of voter information; to provide relative to unconstitutional provisions of Title 14 of the Louisiana Revised reporting of felony convictions; to provide relative to procedures Statutes of 1950. for challenge and cancellation of registration; to provide relative to reporting of judgments of interdiction; to provide relative to HOUSE BILL NO. 1062— the qualifications of commissioners; to provide relative to the BY REPRESENTATIVE MILLS submission of apportionment plans of the state central AN ACT committees of certain recognized political parties; to provide To amend and reenact R.S. 40:1058.3(C), relative to methadone relative to notice of withdrawal or disqualification of a maintenance programs; to extend the moratorium on methadone candidate; to provide relative to notice of location of precincts maintenance programs; to provide that the Department of Health and polling places; to provide relative to assistance in voting; to and Hospitals may license a new or additional methadone provide relative to procedures for voting; to provide relative to maintenance program if a need is determined to exist; to provide the counting and tabulation of provisional ballots for federal for the promulgation of rules and regulations; to provide for a office; to provide relative to procedures for counting and special effective date; and to provide for related matters. tabulating votes; to provide relative to arrangement of the voting machine ballot; to provide relative to selection of nominees in HOUSE BILL NO. 1130— (Substitute for House Bill No. 1095 congressional elections; to provide relative to requirements for by Representative Robideaux) statements of propositions or questions to be submitted to the BY REPRESENTATIVES ROBIDEAUX AND CORTEZ voters; to provide relative to recall elections; to provide relative AN ACT to election paraphernalia accompanying absentee by mail and To amend and reenact R.S. 22:1474(B)(5) and (D)(3) and to enact early voting ballots; to provide relative to the validity of certain R.S. 22:1474(D)(4), relative to life insurance, disability income, applications to vote absentee by mail by certain persons; to long-term care and annuity policies; to provide relative to provide relative to information required to be posted at an early exclusive use of certain records and information for individual voting polling place; to provide relative to persons present life insurance, disability income, long-term care and annuity during the counting and tabulation of absentee and early voting policies; to provide relative to ownership of life insurance, ballots; to provide relative to registration of persons approved disability income, long-term care and annuity files; to provide for participation in the special program for handicapped voters; relative to the right to retain files upon termination of affiliation to provide relative to parties to an action objecting to candidacy; between insurance company and producer; to provide relative to to provide relative to precincts; to provide for effectiveness; and all written or electronic records gathered and maintained by the to provide for related matters. producer; to provide relative to exclusion of real-time policy data and updates maintained on the insurance company HOUSE BILL NO. 1051— computer system or any data protected by the Gramm-Leach- BY REPRESENTATIVE KATZ Bliley Act or the security laws; and to provide for related AN ACT matters. To amend and reenact R.S. 40:2120.33(3), relative to adult brain injury facilities; to remove restrictions against related patients HOUSE BILL NO. 1361— (Substitute for House Bill No. 1080 within the same adult brain injury facility; and to provide for by Representative Patricia Smith) related matters. BY REPRESENTATIVE PATRICIA SMITH AND SENATOR BROOME AN ACT HOUSE BILL NO. 1058— To amend and reenact R.S. 40:2120.42(1), relative to adult day health BY REPRESENTATIVES GALLOT, TUCKER, AND WADDELL care providers; to change certain operational requirements; and AN ACT to provide for related matters. To amend and reenact R.S. 6:103(B)(14), (E)(1)(e), and (I), R.S. 9:2798.5(A), R.S. 10:9-526(a)(2) as amended by Act No. 319 of and asked that the President of the Senate affix his signature to the the 2007 Regular Session of the Legislature, R.S. same. 11:315(A)(introductory paragraph) and (B)(2)(introductory paragraph), 316(A)(introductory paragraph), 542.1(B), Respectfully submitted, 1942.1(A), 2178(D), (E)(5), and (J)(1) and (2), and ALFRED W. SPEER 2260(A)(9)(b)(iv), R.S. 13:961(B), (C), (D)(2), (E), and (I), R.S. Clerk of the House of Representatives 15:141, 142(F), 143(introductory paragraph), 147(B)(2), 148(A), 149, 160(E), 161(J), 162(C), 165(B)(1)(b), The House Bills and Joint Resolutions contained herein were signed by the President of the Senate.

1155 Page 64 SENATE 37th DAY'S PROCEEDINGS June 3, 2008

ATTENDANCE ROLL CALL PRESENT Mr. President Erdey Michot Adley Gautreaux B Morrish Alario Gautreaux N Mount Amedee Gray Murray Broome Hebert Nevers Cassidy Heitmeier Quinn Cheek Jackson Riser Cravins Kostelka Shaw Crowe LaFleur Shepherd Donahue Long Smith Dorsey Marionneaux Thompson Duplessis Martiny Walsworth Dupre McPherson Total - 38 ABSENT Total - 0 Adjournment Senator Broome moved that the Senate adjourn until Wednesday, June 4, 2008, at 1:30 o'clock P.M. The President of the Senate declared the Senate adjourned until 1:30 o'clock P.M. on Wednesday, June 4, 2008. GLENN A. KOEPP Secretary of the Senate LYNDA E. WHEELER Journal Clerk

1156