OFFICIAL JOURNAL Appointment of Conference Committee OF THE on Senate Bill No. 892

SENATE The President of the Senate appointed the following members to OF THE confer with a like committee from the House for the purpose of considering the disagreement on Senate Bill No. 892: Senators STATE OF LOUISIANA ______Cravins, Romero and Smith. THIRTY-NINTH DAY'S PROCEEDINGS ______Messages from the House Twenty-Seventh Regular Session of the Legislature The following Messages from the House were received and read Under the Adoption of the as follows: Constitution of 1974 ______Message from the House Senate Chamber State Capitol ASKING CONCURRENCE IN Baton Rouge, Louisiana HOUSE BILLS AND JOINT RESOLUTIONS Monday, June 11, 2001 June 11, 2001 The Senate was called to order at 10:00 o'clock A.M., by Hon. John Hainkel, President of the Senate. To the Honorable President and Members of the Senate:

ROLL CALL I am directed to inform your honorable body that the House of Representatives has finally passed and asks your concurrence in the following House Bills and Joint Resolutions: The roll being called, the following members answered to their names: SENATE BILL NO. 1044— BY SENATOR SMITH PRESENT AN ACT To amend and reenact R.S. 47:463.8(B) and (D), relative to special Mr. President Fields, C Lambert license plates; to eliminate the regular motor vehicle registration Bajoie Fields, W Lentini license fee for special license plates for antique motor vehicles Barham Fontenot Marionneaux and motorcycles; and to provide for related matters. Boissiere Gautreaux McPherson Campbell Heitmeier Michot Reported without amendments. Chaisson Hines Mount Cravins Hollis Romero SENATE BILL NO. 503— Dardenne Hoyt Smith BY SENATOR HINES Dean Irons Theunissen AN ACT Dupre Jones, B Thomas To amend and reenact R.S. 37:913(5), relative to registered nurses; to Ellington Jones, C Ullo revise the definition of "authorized prescriber" to allow such Total—33 prescribers to prescribe medical devices or appliances; and to ABSENT provide for related matters.

Bean Johnson Schedler Reported without amendments. Cain Malone Tarver Total—6 SENATE BILL NO. 510— BY SENATOR SCHEDLER The President of the Senate announced there were 33 Senators AN ACT present and a quorum. To enact R.S. 44:4(29), relative to public records; to exempt certain records and information in the possession of the Louisiana State Prayer Board of Examiners of Psychologists from the provisions of the public records act; to provide for public access to certain records; and to provide for related matters. The prayer was offered by Rev. Rodney Wood, following which the Senate joined in pledging allegiance to the flag of the United States Reported without amendments. of America. SENATE BILL NO. 672— Reading of the Journal BY SENATOR MCPHERSON AN ACT On motion of Senator Lambert, the reading of the Journal was To amend and reenact R.S. 17:179(A), relative to student dispensed with and the Journal of yesterday was adopted. identification badges; to authorize certain local school boards in certain parishes to issue student identification badges; and to Morning Hour provide for related matters. Page 2 SENATE 39th DAY'S PROCEEDINGS June 11, 2001

Reported without amendments. SENATE BILL NO. 104— BY SENATOR ULLO SENATE BILL NO. 740— AN ACT BY SENATOR BOISSIERE To enact R.S. 28:53.2(E), relative to protective custody; to establish AN ACT a criminal penalty for executing a statement specifying the need To repeal R.S. 22:36, relative to domestic incorporated insurers; for another person to be taken into protective custody that he repeals the requirement for temporary bonds to be posted by knows or should know is false; and to provide for related original incorporators of insurance companies prior to issuance matters. of certificates of authority by the Department of Insurance; and to provide for related matters. Reported without amendments.

Reported without amendments. SENATE BILL NO. 680— BY SENATOR MCPHERSON SENATE BILL NO. 764— AN ACT BY SENATOR DARDENNE To authorize and empower the Board of Commissioners of the Red AN ACT River, Atchafalaya, and Bayou Boeuf Levee District to exchange To amend and reenact R.S. 17:525(A), relative to school districts; to title to certain properties in Rapides Parish with the Hemphill continue the applicability of provisions concerning promotion Star Church and Hemphill Star Cemetery; and to provide for of certain school employees to certain school districts; and to related matters. provide for related matters. Reported without amendments. Reported without amendments. SENATE BILL NO. 941— SENATE BILL NO. 12— BY SENATOR HAINKEL BY SENATOR LENTINI AN ACT AN ACT To enact R.S. 4:266, relative to racing; to provide with respect to To amend and reenact Code of Criminal Procedure Art. 793, relative Louisiana horsemen injury compensation fund; to provide for to trial by jury; to allow jurors in criminal cases to take notes workers' compensation group benefits program; and to provide under certain conditions; to authorize jurors to use such notes for related matters. during deliberations; and to provide for related matters. Reported without amendments. Reported without amendments. SENATE BILL NO. 769— SENATE BILL NO. 105— BY SENATORS GAUTREAUX AND CAIN BY SENATOR ULLO AN ACT AN ACT To amend and reenact R.S. 33:1236(60), relative to parishes; to To amend and reenact Code of Criminal Procedure Art. 659, relative continue the authority of sewage districts in certain parishes to to insanity proceedings; to provide with respect to costs; to have privileges against property for unpaid service charges or provide for fixing fees and expenses for mental examinations; to sewage disposal services; and to provide for related matters. require the trial judge to utilize the fee schedule provided by law when fixing fees and expenses for court ordered mental Reported without amendments. examinations and reports prior to commitment; and to provide for related matters. SENATE BILL NO. 954— BY SENATOR DARDENNE Reported without amendments. AN ACT To amend and reenact R.S. 9:2801, relative to partition of community SENATE BILL NO. 1076— property; to provide for orders partitioning retirement and other BY SENATORS HOYT AND SCHEDLER deferred work benefits; and to provide for related matters. AN ACT To enact Civil Code Art. 136.1 and Children's Code Art. 1015(8), Reported without amendments. relative to visitation rights; to provide that if the child was conceived through the commission of a felony rape, the natural SENATE BILL NO. 955— parent who committed the felony rape shall be denied visitation BY SENATORS DARDENNE AND SCHEDLER rights; to provide that the commission of a felony rape which AN ACT resulted in the conception of the child shall be grounds for To amend and reenact R.S. 9:2799(A)(1) and (B), relative to termination of parental rights; and to provide for related matters. limitation of liability for damages from donations; to provide with respect to the donation of vitamins without incurring Reported without amendments. liability for damages; to provide for limitation of liability for food bank distributors; to provide for definitions; and to provide for related matters.

Reported without amendments. 39th DAY'S PROCEEDINGS Page 3 SENATE June 11, 2001

SENATE BILL NO. 1002— Reported without amendments. BY SENATOR HAINKEL AN ACT SENATE BILL NO. 494— To amend and reenact R.S. 37:693(B)(3), relative to land surveyor BY SENATOR HINES interns; to provide for the qualifications of land surveyor AN ACT interns; and to provide for related matters. To enact R.S. 9:391.1, relative to legitimation of illegitimate children; to provide for the legitimate status of a child conceived and born Reported without amendments. after the death of the husband of the mother; to provide conditions under which such status is achieved; and to provide SENATE BILL NO. 228— for related matters. BY SENATORS MOUNT AND THEUNISSEN AND REPRESENTATIVES FLAVIN, GUILLORY, JOHNS AND STELLY AN ACT Reported without amendments. To name Interstate 210 located in the city of Lake Charles as the Doug Fournet Memorial Parkway; and to provide for related Respectfully submitted, matters. ALFRED W. SPEER Clerk of the House of Representatives Reported without amendments. Privilege Report of the SENATE BILL NO. 420— Legislative Bureau BY SENATORS HAINKEL AND SCHEDLER AN ACT June 11, 2001 To amend and reenact Section 1 of Act No. 1 of the 1989 Regular Session of the Legislature, relative to the Crescent City To the President and Members of the Senate: Connection; to recognize the contributions of Captain Neville Levy; and to provide for related matters. I am directed by your Legislative Bureau to submit the following report: Reported without amendments. The following bills are approved as to construction and SENATE BILL NO. 234— duplication. We advise and suggest the following amendments to the BY SENATOR FONTENOT engrossed bills. AN ACT To enact R.S. 32:1306(C)(3)(d), relative to motor vehicle inspections; HOUSE BILL NO. 29— to provide for the applicability of certain additional fees; and to BY REPRESENTATIVES DIEZ AND FARRAR provide for related matters. AN ACT To enact R.S. 44:4(29), relative to applicability of the laws relative Reported without amendments. to public records; to exempt public school students' names, addresses, and telephone numbers from such law; to provide SENATE BILL NO. 418— exceptions; to provide for effectiveness; and to provide for BY SENATOR SCHEDLER related matters. AN ACT To amend and reenact R.S. 12:982.1, relative to dentists; to provide Reported without amendments. for professional limited liability companies; to authorize formation of a limited liability company by a single dentist; and HOUSE BILL NO. 51— to provide for related matters. BY REPRESENTATIVE E. ALEXANDER AN ACT Reported without amendments. To enact R.S. 47:463.83, relative to motor vehicles; to provide relative to license plates; to create the Festival International de SENATE BILL NO. 379— Louisiane prestige license plate; to provide for the color and BY SENATORS ELLINGTON AND SMITH design of such plates; to provide for a minimum number of AN ACT applicants; to provide for fees for such plates; to designate the To enact Part XXIII of Chapter 13 of Title 38 of the Louisiana use of such fees; to authorize the promulgation of rules and Revised Statutes of 1950, to be comprised of R.S. 38:3087.141 regulations; and to provide for related matters. through 3087.155, relative to water conservation; to provide for the creation of the Castor Creek Reservoir District and a board Reported without amendments. of commissioners for the district; to provide for jurisdiction, powers, and functions of the district and the board, including HOUSE BILL NO. 52— authority for taxation and expropriation; to provide for BY REPRESENTATIVES BOWLER AND SCALISE enforcement of rules and regulations of the board; to provide for AN ACT violations and penalties; to provide for the powers and duties of To amend and reenact R.S. 47:463.61, relative to motor vehicles; to certain state departments and agencies; and to provide for related provide relative to the "Choose Life" prestige license plate; to matters. provide for the design and color of such plate; to provide relative Page 4 SENATE 39th DAY'S PROCEEDINGS June 11, 2001

to the fee for such plate; to provide relative to the use of such relative to the fees for such plate, including a royalty fee for the fees; to repeal provisions relative to the Choose Life Advisory use of the organizational design and logo on such plates; to Council; to repeal provisions relative to the membership, terms, designate the use of such royalty fees; to authorize the duties, and pay for members of such council; to repeal promulgation of rules and regulations; to require a contract requirement that qualified organizations submit annual audits; to relative to royalty fees; and to provide for related matters. prohibit qualified organizations from disclosing certain information; and to provide for related matters. Reported without amendments.

Reported without amendments. HOUSE BILL NO. 279— BY REPRESENTATIVE MONTGOMERY HOUSE BILL NO. 148— AN ACT BY REPRESENTATIVE PINAC To enact R.S. 47:463.83 and R.S. 47:463.84, relative to motor vehicle AN ACT prestige license plates; to create the retired employees of the To amend and reenact R.S. 49:191(13) and to repeal R.S. Department of Transportation and Development prestige license 49:191(11)(c), relative to the Department of Public Service, plate; to create the Louisiana Water and Waste Water Operators including provisions to provide for the re-creation of the prestige license plate; to provide for the issuance of designs, Department of Public Service and the statutory entities made a colors, and fees for plates; to authorize the promulgation of rules part of the department by law; to provide for the effective and regulations; and to provide for related matters. termination date for all statutory authority for the existence of such statutory entities; and to provide for related matters. Reported without amendments.

Reported without amendments. HOUSE BILL NO. 285— BY REPRESENTATIVE JOHN SMITH HOUSE BILL NO. 186— AN ACT BY REPRESENTATIVE STRAIN To enact R.S. 47:463.83, relative to motor vehicles prestige license AN ACT plates; to create the Rotary International prestige license plate; To amend and reenact R.S. 47:463.18(A) and (C)(1), relative to to provide for the issuance of such plate; to provide for the color special prestige license plates for veterans and retired veterans; and design of such plate; to provide relative to the fees for such to provide for issuance of such plates for motorcycles; and to plate; to authorize the promulgation of rules and regulations; and provide for related matters. to provide for related matters.

Reported without amendments. Reported without amendments.

HOUSE BILL NO. 196— HOUSE BILL NO. 309— BY REPRESENTATIVE PINAC BY REPRESENTATIVE MONTGOMERY AN ACT AN ACT To amend and reenact R.S. 37:2165(D) and to repeal R.S. 37:2172, To amend and reenact R.S. 32:1254(K)(2), relative to motor vehicle relative to contractors; to provide relative to the membership of dealers; to provide relative to application and licensure the Residential Building Contractors Subcommittee; to provide procedures for motor vehicle dealers; and to provide for related relative to exemptions; to repeal certain provisions relative to matters. penalties; and to provide for related matters. Reported without amendments. Reported without amendments. HOUSE BILL NO. 358— HOUSE BILL NO. 212— BY REPRESENTATIVES TRICHE AND DOWNER BY REPRESENTATIVE HUNTER AN ACT AN ACT To amend and reenact R.S. 32:666(A)(introductory paragraph) and To enact R.S. 24:7, relative to the legislature; to provide relative to 667(B)(4), relative to traffic accidents; to require chemical tests committee meetings; to allow certain committee meetings to be to be given in certain traffic accidents; to require suspension of conducted by video conference; to allow each house of the a driver's license in certain circumstances; and to provide for legislature to adopt rules to facilitate meetings by video related matters. conference; and to provide for related matters. Reported without amendments. Reported without amendments. HOUSE BILL NO. 394— HOUSE BILL NO. 258— BY REPRESENTATIVES DOWNER, CLARKSON, FUTRELL, LANDRIEU, BY REPRESENTATIVE DURAND PERKINS, SCALISE, WINSTON, AND POWELL AN ACT AN ACT To enact R.S. 47:463.83, relative to motor vehicles; to provide To enact R.S. 47:463.83, relative to motor vehicle prestige license relative to license plates; to create the Charity School of Nursing plates; to create the U.S. Naval Academy prestige license plate; prestige license plate; to provide for the issuance of such plate; to provide for the issuance of such plate; to provide for the color to provide for the design and color of such plate; to provide and design of such plate; to provide relative to the fees for such 39th DAY'S PROCEEDINGS Page 5 SENATE June 11, 2001

plate, including a royalty fee for use of the academy's seal and HOUSE BILL NO. 446— design; to require a contract relative to royalty fees; to authorize BY REPRESENTATIVE GARY SMITH the promulgation of rules and regulations; and to provide for AN ACT related matters. To enact R.S. 47:463.83 and R.S. 56:10(B)(11), relative to motor vehicle prestige license plates; to create the white tail deer Reported without amendments. prestige license plate; to provide for the issuance of such plate; to provide relative to the fees for such plate; to create a special HOUSE BILL NO. 429— account in the Conservation Fund and to provide for remittance BY REPRESENTATIVE LANCASTER AND SENATOR ULLO of certain fees to the account; to authorize the promulgation of AN ACT rules and regulations; and to provide for related matters. To enact R.S. 49:191(12)(j) and to repeal R.S. 49:191(11)(i), relative to the Department of Elections and Registration, including Reported without amendments. provisions to provide for the re-creation of the Department of Elections and Registration and the statutory entities made a part HOUSE BILL NO. 448— of the department by law; to provide for the effective BY REPRESENTATIVES JOHN SMITH AND ILES termination date for all statutory authority for the existence of AN ACT such statutory entities; and to provide for related matters. To enact R.S. 47:463.83, relative to motor vehicle prestige license plates; to provide for creation of the Kiwanis International Reported without amendments. prestige license plate; to provide for the issuance of such plate; to provide for the color and design of such plate; to provide HOUSE BILL NO. 432— relative to the fees for such plate; to authorize the promulgation BY REPRESENTATIVE MURRAY of rules and regulations; and to provide for related matters. AN ACT To enact R.S. 47:463.83, relative to motor vehicle prestige license Reported without amendments. plates; to provide for the creation of the Most Worshipful Prince Hall Grand Lodge F & AM organization prestige license HOUSE BILL NO. 481— plate; to provide for the issuance of such plate; to provide for BY REPRESENTATIVE PINAC the color and design of such plate; to provide relative to the fees AN ACT for such plate, including a royalty fee for use of the To amend and reenact R.S. 37:2152(A)(introductory paragraph) and organization's logo; to provide for the use of such fees; to require (5)(introductory paragraph), 2153(C), and 2156(C)(2) and to a contract relative to royalty fees; to authorize the promulgation enact R.S. 37:2162(K), relative to contractors; to provide of rules and regulations; and to provide for related matters. relative to board members; to allow the board to contract for certain services; to provide relative to the collection of funds; to Reported without amendments. allow the board to bring civil proceedings against certain persons; and to provide for related matters. HOUSE BILL NO. 433— BY REPRESENTATIVE MURRAY Reported without amendments. AN ACT To enact R.S. 47:463.83, relative to motor vehicle prestige license HOUSE BILL NO. 559— plates; to provide for creation of the Esther Grand Chapter BY REPRESENTATIVE DIEZ Order of Eastern Star- Prince Hall Affiliation prestige license AN ACT plate; to provide for the issuance of such plate; to provide for To amend and reenact R.S. 2:803(B), relative to the Airport the color and design of such plate; to provide relative to fees for Construction and Development Priority Program; to decrease such plate, including a royalty fee for use of the organization's the state's proportion of funding for certain airport projects; to logo; to provide for the use of such fees; to require a contract provide relative to the placement of projects in the program; and relative to royalty fees; to authorize the promulgation of rules to provide for related matters. and regulations; and to provide for related matters. Reported without amendments. Reported without amendments. HOUSE BILL NO. 584— BY REPRESENTATIVE PINAC HOUSE BILL NO. 437— BY REPRESENTATIVE PINAC AN ACT AN ACT To amend and reenact R.S. 51:1822(G), relative to business To amend and reenact R.S. 22:1117(A), relative to prohibitions of opportunity sellers and agents; clarifies provisions relative to insurers, agents, and brokers; to provide for distribution of the bonding requirements as they apply to business profits; and to provide for related matters. opportunities; and to provide for related matters.

Reported without amendments. Reported without amendments. Page 6 SENATE 39th DAY'S PROCEEDINGS June 11, 2001

HOUSE BILL NO. 624— HOUSE BILL NO. 652— BY REPRESENTATIVE FLAVIN BY REPRESENTATIVE HUDSON AN ACT AN ACT To amend and reenact R.S. 30:103.1, relative to reporting To enact R.S. 40:2115(D), relative to smoking in hospitals; to requirements of operators and producers to owners of unleased provide penalties for smoking in non-smoking areas; and to mineral interests; to provide for quarterly reporting of the provide for related matters. amount of and price received for production and occasional costs of operations; and to provide for related matters. Reported without amendments.

Reported without amendments. HOUSE BILL NO. 653— BY REPRESENTATIVE HUDSON HOUSE BILL NO. 629— AN ACT BY REPRESENTATIVE M. JACKSON To amend and reenact R.S. 6:969.26(D), relative to the Louisiana AN ACT Motor Vehicle Sales Finance Act; to require sellers or lenders to To enact R.S. 47:463.83, relative to motor vehicle prestige license offer gap insurance coverage; and to provide for related matters. plates; to provide for creation of the Kappa Alpha Psi Fraternity, Incorporated prestige license plate; to provide for Reported without amendments. the issuance of such plate; to provide for the color and design of such plate; to provide relative to the fees for such plate; to HOUSE BILL NO. 690— provide for the creation of the "Kappa Kamp" fund within the BY REPRESENTATIVE DIEZ state treasury; to provide for the deposit of certain monies into AN ACT the fund; to provide for the use of such monies; to authorize the To amend and reenact Chapter 13-B of Title 38 of the Louisiana promulgation of rules and regulations; and to provide for related Revised Statutes of 1950, to be comprised of R.S. 38:3098 matters. through 3098.8, relative to the licensing of water well pump installers; to provide for licensing and education of water well Reported with amendments. pump installers; to change the composition of the advisory committee responsible for certain regulations affecting water LEGISLATIVE BUREAU AMENDMENTS well drillers; and to provide for related matters.

Amendments proposed by Legislative Bureau to Engrossed House Reported without amendments. Bill No. 629 by Representative M. Jackson HOUSE BILL NO. 701— BY REPRESENTATIVE FARRAR AMENDMENT NO. 1 AN ACT On page 2, line 19, following "Article" and before the end of the line To enact R.S. 33:3819(C), relative to the per diem of commissioners change "VIII" to "VII" of certain waterworks districts in Rapides Parish; to provide for the per diem to be paid to members of the boards of HOUSE BILL NO. 635— BY REPRESENTATIVE MCVEA commissioners of Rapides Parish Waterworks District Number AN ACT Three and Kolin Ruby Wise Waterworks District 11A in To amend and reenact R.S. 28:771(D), R.S. 36:254(F)(1) and 258(G), Rapides Parish; to provide for meetings for which per diem may and R.S. 46:2661(4), 2662(A), 2663(A) and (C), and 2665(A), be paid; and to provide for related matters. relative to the Capital Area Human Services District, to add the parishes of East Feliciana and West Feliciana to the district; to Reported without amendments. provide for representation of said parishes on the governing board of the district; to provide an effective date; and to provide HOUSE BILL NO. 711— BY REPRESENTATIVES CLARKSON AND DOWNER for related matters. AN ACT To amend and reenact R.S. 36:109(E)(15) and R.S. 37:3391, 3392(9), Reported without amendments. 3394(A), (B)(1)(introductory paragraph), and (H), and 3406(B) and (D), relative to the Louisiana Real Estate Appraisers State HOUSE BILL NO. 638— BY REPRESENTATIVE RICHMOND Board of Certification; to remove the board from under the AN ACT jurisdiction of the Louisiana Real Estate Commission; to revise To enact R.S. 47:463.83, relative to motor vehicle prestige license the name of the board; to change the membership of the board; plates; to create the Crescent City prestige license plate; to to revise the quorum requirements of the board; and to provide provide for the issuance of such plate; to provide for the design for related matters. and color of such plate; to provide relative to the fees for such plates; to designate the use of such fees; to authorize the Reported without amendments. promulgation of rules and regulations; and to provide for related matters.

Reported without amendments. 39th DAY'S PROCEEDINGS Page 7 SENATE June 11, 2001

HOUSE BILL NO. 715— HOUSE BILL NO. 809— BY REPRESENTATIVE DIEZ BY REPRESENTATIVE FRITH AN ACT AN ACT To amend and reenact R.S. 32:771(2), 773.1(A)(2)(m) and (n), and To amend and reenact R.S. 33:2955(A)(1)(d), relative to the rate of 773.2(D) and to enact R.S. 32:773.1(A)(2)(p) and 773.2(F), interest paid on funds of political subdivision invested in time relative to used motor vehicle dealers; to provide relative to a certificates of deposit; to provide for the minimum rate of new marine, motorcycle, or all-terrain vehicle dealer's area of interest; and to provide for related matters. responsibility; to provide for notices and hearings; and to provide for related matters. Reported without amendments.

Reported without amendments. HOUSE BILL NO. 835— BY REPRESENTATIVE PINAC HOUSE BILL NO. 756— AN ACT BY REPRESENTATIVES MURRAY AND TUCKER To amend and reenact R.S. 32:1252(2.2) and (19.3) and AN ACT 1254(N)(1)(c) and to enact R.S. 32:1254(N)(3)(j), relative to To amend and reenact R.S. 33:9033.3(A), relative to sales tax motor vehicle dealers; to provide for definitions; to provide incremental financing in certain municipalities; to provide that relative to dual licensure of motor vehicle dealers; to provide certain municipalities may implement sales tax increment relative to certain disclosures; to provide for violations; and to financing for certain economic development projects; to provide provide for related matters. for an effective date; and to provide for related matters. Reported without amendments. Reported without amendments. HOUSE BILL NO. 847— HOUSE BILL NO. 780— BY REPRESENTATIVE JACK SMITH BY REPRESENTATIVE DURAND AN ACT AN ACT To amend and reenact R.S. 33:1999(A), relative to firefighters; to To enact R.S. 33:1236(21)(e) and (30)(d), relative to the authority of provide benefits for those firefighters not scheduled to work on the St. Martin Parish governing authority to regulate nuisances; a holiday; and to provide for related matters. to authorize the parish governing authority to regulate and provide for the removal of grass, weeds, trash, noxious matter, Reported without amendments. and the like, and of junk, wrecked or used automobiles, and other discarded items, in unincorporated areas in subdivisions or in HOUSE BILL NO. 865— clearly established residential areas on state highways or parish BY REPRESENTATIVE JOHNS roads; to provide procedures, including charging the property AN ACT owners for costs; to provide for enforcement, including To amend and reenact R.S. 37:1241(A)(17), relative to grounds for provisions for charges to operate as a lien on the property; to pharmacist sanctions by the Louisiana Board of Pharmacy; to provide for the ranking of such liens; and to provide for related limit the grounds for sanction to certain instances for selecting matters. an equivalent drug product if the practitioner instructs otherwise; and to provide for related matters. Reported without amendments. Reported without amendments. HOUSE BILL NO. 782— BY REPRESENTATIVE DURAND HOUSE BILL NO. 903— AN ACT BY REPRESENTATIVE R. ALEXANDER To enact R.S. 33:4681(C), relative to coliseum authority AN ACT commissions; to provide relative to the membership of the To enact R.S. 33:381(C)(21), relative to the village of Sikes; to Acadiana Fairgrounds Commission; and to provide for related authorize the governing authority of the village to provide for matters. the filling of the office of chief of police by appointment or in the alternative to abolish the office of police chief; to provide for Reported without amendments. the method of appointment and for the salary, term, duties, qualifications, supervision, and residency of an appointed police HOUSE BILL NO. 801— chief; to authorize the mayor and the board of aldermen to enter BY REPRESENTATIVE DONELON a cooperative endeavor for law enforcement services; and to AN ACT provide for related matters. To amend and reenact R.S. 22:636(A)(1)(a) and 636.4(A) and (C)(2)(a) and to enact R.S. 22:636(G) and (H), relative to Reported without amendments. insurance policies; to provide for notices; to provide for nonrenewal; to provide for cancellation; and to provide for related matters.

Reported without amendments. Page 8 SENATE 39th DAY'S PROCEEDINGS June 11, 2001

HOUSE BILL NO. 1010— HOUSE BILL NO. 1122— BY REPRESENTATIVES THOMPSON, BAUDOIN, FRITH, PIERRE, JACK BY REPRESENTATIVE PINAC SMITH, AND TOWNSEND AN ACT AN ACT To repeal R.S. 6:969.5, relative to the Motor Vehicle Sales Finance To amend and reenact R.S. 30:142(E)(1)(a), relative to in-kind Act; to repeal certain provisions allowing parties to choose royalty natural gas sales; to provide for sales by the state applicable law. mineral board to satisfy and meet bona fide human needs; to provide for the price for in-kind royalty natural gas for human Reported without amendments. needs; and to provide for related matters. HOUSE BILL NO. 1128— Reported without amendments. BY REPRESENTATIVE PINAC AN ACT HOUSE BILL NO. 1024— To amend and reenact R.S. 32:1254(N)(3)(a), (b), (c), and BY REPRESENTATIVE PINAC (f)(introductory paragraph) and (iii), relative to motor vehicle AN ACT dealers; to provide for violations; to provide relative to the sale To enact Chapter 4 of Code Title IX of Code Book III of Title 9 of of certain vehicles; to provide relative to certain conditional sales the Louisiana Revised Statutes of 1950, to be comprised of R.S. contracts; and to provide for related matters. 9:3370 and 3371, relative to sale/lease-back commercial transactions; to provide for valid sale/lease-back transactions; to Reported without amendments. provide for applicability; to provide for definitions; and to provide for related matters. HOUSE BILL NO. 1132— BY REPRESENTATIVE WELCH Reported without amendments. AN ACT To enact R.S. 47:463.83, relative to motor vehicle prestige license HOUSE BILL NO. 1036— plates; to provide for the creation of the Alpha Kappa Alpha BY REPRESENTATIVE DARTEZ Sorority prestige license plate; to provide for the issuance of AN ACT such plate; to provide for the color and design of such plate; to To enact R.S. 47:463.83, relative to motor vehicle prestige license provide relative to the fees for such plate, including a royalty fee plates; to provide for the creation of Rotary District 6200 for use of the organization's logo; to provide for the use of such prestige license plate; to provide for the issuance of such plate; fees; to require a contract relative to royalty fees; to authorize to provide for the color and design of such plate; to provide the promulgation of rules and regulations; and to provide for relative to the fees for such plate, including a royalty fee for use related matters. of the organization's logo; to provide for the use of such fees; to require a contract relative to royalty fees; to authorize the Reported without amendments. promulgation of rules and regulations; and to provide for related matters. HOUSE BILL NO. 1141— BY REPRESENTATIVE PINAC Reported without amendments. AN ACT To amend and reenact R.S. 6:969.18(F), and R.S. 9:3512(4), 3514(A), HOUSE BILL NO. 1046— and 3516(13), relative to motor vehicle sales finance; to provide BY REPRESENTATIVES CLARKSON AND K. CARTER AND SENATOR for the disclosure of certain fees and charges; to revise certain IRONS AN ACT terminology regarding motor vehicle credit transactions; to To amend and reenact R.S. 9:5625(G), relative to the prescriptive provide for definitions; and to provide for related matters. period applicable to actions involving zoning violations in historical preservation and landmark areas; to increase the Reported without amendments. prescriptive period to ten years; and to provide for related HOUSE BILL NO. 1144— matters. BY REPRESENTATIVE MORRISH AN ACT Reported without amendments. To enact R.S. 33:423.12, relative to the town of Iowa; to authorize the chief of police to effect certain disciplinary actions; and to HOUSE BILL NO. 1063— provide for related matters. BY REPRESENTATIVES LEBLANC, DEWITT, AND WINSTON AN ACT To amend and reenact R.S. 24:802(B)(1), (2), (3), (8), and (9) and Reported without amendments. (D), relative to the Louisiana Advisory Commission on HOUSE BILL NO. 1151— Intergovernmental Relations; to provide for the membership and BY REPRESENTATIVE POWELL quorum of the commission; and to provide for related matters. AN ACT To enact R.S. 15:255(G), relative to witness fees paid to off-duty law Reported without amendments. enforcement officers; to authorize the city of Hammond to transfer money in the witness fee fund to the general fund of 39th DAY'S PROCEEDINGS Page 9 SENATE June 11, 2001

that city to purchase police equipment; to provide for HOUSE BILL NO. 1231— maintaining certain balances; and to provide for related matters. BY REPRESENTATIVE PINAC AN ACT Reported without amendments. To amend and reenact R.S. 6:641(E), 646(B)(3), 651(C), 653.1(A), and 656(A)(1)(a), to enact R.S. 6:649(A)(3) and 661.1, and to HOUSE BILL NO. 1164— repeal R.S. 6:657, relative to credit unions; to provide for BY REPRESENTATIVE LUCAS primary insurance; to provide for examination by the AN ACT commissioner; to provide for supervisory committee To amend and reenact R.S. 33:4702(2)(introductory paragraph) and examinations; to provide for private mortgage insurance; to to enact R.S. 33:4702(B)(2)(j), relative to the New Orleans provide for branching notification; to provide for teleconference Business and Industrial District; to provide relative to the board meetings; to repeal provision on reserve transfers; and to membership of the board of commissioners; and to provide for provide for related matters. related matters. Reported without amendments. Reported without amendments. HOUSE BILL NO. 1232— HOUSE BILL NO. 1194— BY REPRESENTATIVE CLARKSON BY REPRESENTATIVE LAFLEUR AN ACT AN ACT To amend and reenact R.S. 37:3392(10), 3396(D) and (E), 3398(B), To enact R.S. 22:622.2, relative to motor vehicle liability policies; to and 3408(B), relative to real estate appraisers; to provide for provide for coverage; to provide for exclusions and limitations; definitions; to revise provisions relative to the certification and and to provide for related matters. examination of real estate appraisers; to provide for continuing education; and to provide for related matters. Reported without amendments. Reported without amendments. HOUSE BILL NO. 1201— BY REPRESENTATIVE WELCH HOUSE BILL NO. 1290— AN ACT BY REPRESENTATIVES SWILLING AND MORRELL To amend and reenact R.S. 40:1095(A) and (B), relative to medical AN ACT treatment; to authorize minors to consent to certain medical To enact R.S. 33:2826, relative to the parish of Orleans and the city treatment under certain circumstances; and to provide for related of New Orleans; to establish the New Orleans East/Lake Forest matters. Shopping Center Economically Disadvantaged Enterprise Zone; to specify the boundaries of the zone; to authorize the city of Reported without amendments. New Orleans to grant tax exemptions; and to provide for related matters. HOUSE BILL NO. 1210— BY REPRESENTATIVE R. ALEXANDER Reported without amendments. AN ACT To enact R.S. 33:4564.5, relative to a recreation district in Jackson HOUSE BILL NO. 1307— Parish; to provide relative to the membership of the board of BY REPRESENTATIVE GUILLORY commissioners; to provide relative to the terms of office of the AN ACT members of the board of commissioners; and to provide for To enact R.S. 33:4720.15.1, relative to the sale of adjudicated related matters. property; to authorize the governing authority of Calcasieu Parish to sell, without notification to political subdivisions Reported without amendments. created by the parish, abandoned property that has been adjudicated to the parish; to provide for cancellation of certain HOUSE BILL NO. 1211— tax liens, assessments, or other charges; and to provide for BY REPRESENTATIVES PRATT, LANDRIEU, AND K. CARTER related matters. AN ACT To amend and reenact R.S. 25:745(A)(3) and 767(B), relative to Reported without amendments. historic preservation districts and landmark commissions in the Garden District area of New Orleans; to provide an exception HOUSE BILL NO. 1319— from certain exemptions to the application of laws relative to BY REPRESENTATIVE BROOME such districts and commissions in the Garden District area of AN ACT New Orleans; and to provide for related matters. To amend and reenact R.S. 25:123(B), 124(B), and 124.1(C), relative to depositories for public documents; to provide relative to the Reported without amendments. duties of the recorder of state documents; to provide relative to state agency liaisons; to provide relative to the rules and regulation of state depositories; and to provide for related matters.

Reported without amendments. Page 10 SENATE 39th DAY'S PROCEEDINGS June 11, 2001

HOUSE BILL NO. 1330— examinations; to provide for inactive certificates and BY REPRESENTATIVE MORRISH reactivations; to provide for certificates for managers; to provide AN ACT for renewals of certificates; to provide for the registration and To amend and reenact R.S. 22:250.34(B), relative to health insurance regulation of beauty shops; to prohibit the employment of coverage; to exempt certain claims from limitations on review or certain persons at beauty shops; to provide for booth rental audit of claims by health insurers and heath maintenance permits; to provide for the registration and regulation of organizations; and to provide for related matters. cosmetology schools; to provide for the regulation of satellite classrooms; to require the display of certificates; to provide for Reported without amendments. records to be maintained; to provide for fees assessed; to provide for grounds for certain administrative actions by the HOUSE BILL NO. 1335— board; to provide for fines assessed by inspectors; to provide BY REPRESENTATIVE WELCH AN ACT for investigations; to provide for violations and penalties; to To enact R.S. 47:463.83 relative to motor vehicle prestige license allow the board to institute actions for injunctions; to allow the plates; to provide for the creation of the Laborers' International board to petition for certain court orders; to provide for the Union of North America (LIUNA) organization prestige license review of board orders; and to provide for related matters. plate; to provide for the issuance of such plate; to provide for the color and design of such plate; to provide relative to the fees Reported without amendments. for such plate; to provide for the use of such fees; to require a HOUSE BILL NO. 1533— contract relative to the issuance of the plate; to authorize the BY REPRESENTATIVE DANIEL promulgation of rules and regulations; and to provide for related AN ACT matters. To amend and reenact R.S. 40:1662.3(5), (6), (7), (8)(introductory paragraph), (12), (14), (15), (17), and (19), Reported without amendments. 1662.4(A)(introductory paragraph), 1662.6(A) and (B)(introductory paragraph) and (5), 1662.7(A), (B), (C), HOUSE BILL NO. 1418— (D)(introductory paragraph), (E), and (F), 1662.8(A) and BY REPRESENTATIVE PIERRE AN ACT (B)(introductory paragraph), 1662.9(C) and (E), 1662.11(A), To amend and reenact R.S. 56:14(C), relative to the Saltwater Fishery 1662.12(A)(2) and (5), 1662.13(A)(1)(b), 1662.14(A)(2), Enforcement Fund; to provide for revenues which may be (3)(introductory paragraph) and (b), and (5), (C)(2), (3), and (5), deposited to the fund; and to provide for related matters. 1662.15(B)(2), and 1662.16 and to enact R.S. 40:1662.3(20), (21), and (22), 1662.6(B)(10), 1662.7(D)(4), 1662.8(B)(2)(e) Reported without amendments. and (f), and 1662.9(A)(7) and (8), relative to the licensing of single station fire alarm contractors and their employees; to HOUSE BILL NO. 1478— provide for definitions; to provide for applications for licenses; BY REPRESENTATIVE SALTER to provide for the issuance of the license; to provide relative to AN ACT certain notifications; to provide for requirements for licensure; To amend and reenact R.S. 46:2683(B)(introductory paragraph), to provide for prohibited activities; to provide for educational relative to licensure of community-based service providers; to requirements; to provide for the renewal of licenses; to provide exempt councils on aging from fees associated with such for fees; to provide for membership on the Alarm Services licenses; and to provide for related matters. Advisory Board; to provide for penalties for violations; to provide relative to effect of law on local regulation; and to Reported without amendments. provide for related matters.

HOUSE BILL NO. 1485— Reported without amendments. BY REPRESENTATIVES PINAC, BRUNEAU, AND MURRAY AN ACT HOUSE BILL NO. 1562— To amend and reenact R.S. 36:4.1(B)(1), to enact Chapter 6-A of BY REPRESENTATIVE DONELON Title 37 of the Louisiana Revised Statutes of 1950, to be AN ACT comprised of R.S. 37:561 through 607, and to repeal Chapter 6 To enact R.S. 9:3576.24, relative to the Collection Agency Regulation of Title 37 of the Louisiana Revised Statutes of 1950, comprised Act; to provide for designation of records of a collection agency of R.S. 37:491 through 556, relative to cosmetology; to provide as "trade secrets"; to make the taking of a collection agency's relative to definitions; to provide for the creation of the business records a crime; to provide for a cause of action; and to Louisiana Board of Cosmetology; to provide for the membership provide for related matters. and powers and duties of the board; to provide for the conduct of board business; to provide for the compensation of board Reported without amendments. members; to prohibit certain information from being divulged; to provide for the "Cosmetologists' Board Fund"; to prohibit certain activities without a certificate of registration; to establish qualifications for certificates; to provide for continuing education for teachers; to provide for temporary and special permits; to establish an examination team and to provide for conducting 39th DAY'S PROCEEDINGS Page 11 SENATE June 11, 2001

HOUSE BILL NO. 1603— HOUSE BILL NO. 1703— BY REPRESENTATIVE M. JACKSON BY REPRESENTATIVE RICHMOND AN ACT AN ACT To enact R.S. 47:463.83, relative to motor vehicle prestige license To enact R.S. 21:4, relative to hotels and lodging houses; to authorize plates; to provide for the creation of Omega Psi Phi fraternity municipalities or city or parish governing authorities to prohibit prestige license plate; to provide for the issuance of such plate; the hourly rental of rooms; and to provide for related matters. to provide for the color and design of such plate; to provide relative to the fees for such plate, including a royalty fee for use Reported without amendments. of the organization's logo; to provide for the use of such fees; to require a contract relative to royalty fees; to authorize the HOUSE BILL NO. 1708— promulgation of rules and regulations; and to provide for related BY REPRESENTATIVE ERDEY matters. AN ACT To amend and reenact R.S. 47:463.23(A), relative to special prestige Reported without amendments. license plates for active and retired firefighters; to provide for issuance of such plates for motorcycles; and to provide for HOUSE BILL NO. 1649— related matters. BY REPRESENTATIVE JACK SMITH AN ACT Reported without amendments. To amend and reenact R.S. 33:2740.31(C)(1), relative to the Berwick Development District; to provide relative to the membership of HOUSE BILL NO. 1732— the board of commissioners; to provide relative to the terms of BY REPRESENTATIVES LEBLANC, DEWITT, WINSTON, R. ALEXANDER, DOERGE, DURAND, GUILLORY, ILES, L. JACKSON, KATZ, MCCALLUM, office of the members of the board of commissioners; and to PERKINS, SCHWEGMANN, SHAW, AND WELCH provide for related matters. AN ACT To amend and reenact R.S. 46:460.6(A), (B)(1)(a), and (D) and to Reported without amendments. enact R.S. 46:460.6(B)(3)(d) and (e) and (4), relative to individual development accounts; to allow TANF funds to be HOUSE BILL NO. 1685— used therefor; and to provide for related matters. BY REPRESENTATIVE DANIEL AND SENATOR DARDENNE AN ACT Reported without amendments. To amend and reenact R.S. 4:421(A)(2) and (4), 424(A)(6), (7), and (8), and 426(C)(1)(a) and (2), relative to athlete agents; to HOUSE BILL NO. 1738— provide for changes in the definitions; to provide for exceptions; BY REPRESENTATIVE LANDRIEU to provide relative to an athlete's eligibility; to provide relative AN ACT to prohibited activities and to change the penalties for certain To enact R.S. 28:445 to create the Developmental Disabilities Trust violations; and to provide for related matters. Fund; to provide for the deposit of monies into the fund and/or the use of such monies; and to provide for related matters. Reported without amendments. Reported without amendments. HOUSE BILL NO. 1689— BY REPRESENTATIVE LEBLANC HOUSE BILL NO. 1742— AN ACT BY REPRESENTATIVE CLARKSON To enact R.S. 46:460.1, relative to submission of quarterly reports; AN ACT to require the Department of Social Services to submit copies of To amend and reenact R.S. 37:1437(C)(2)(a) and (5)(a) and 1466(H), federal quarterly reports; and to provide for related matters. relative to the Louisiana Real Estate Commission; to provide with respect to licensure requirements for real estate brokers and Reported without amendments. salespersons; to provide for certain insurance coverage on certain licensees of the commission; and to provide for related matters. HOUSE BILL NO. 1696— BY REPRESENTATIVES PIERRE, FRITH, AND MCDONALD Reported without amendments. AN ACT To amend and reenact R.S. 41:1701, 1702(C), (D)(intro. para.) and HOUSE BILL NO. 1747— (1), (F), (G)(1) and (2), (H), and (I), 1703(B), 1706, 1707(A) BY REPRESENTATIVE PINAC and (B), 1708, 1709, 1711(A), 1712(C) and (D), 1713(A), and AN ACT 1714(C) and to enact R.S. 41:1701.1, relative to the State Land To amend and reenact R.S. 6:824(A)(1), relative to repayment of Office; to designate the agency which has the responsibility for loans; to change the minimum grace period for repayment of a administration and management of the state's water bottoms; and loan; and to provide for related matters. to provide for related matters. Reported without amendments. Reported without amendments. Page 12 SENATE 39th DAY'S PROCEEDINGS June 11, 2001

HOUSE BILL NO. 1753— the auditor to certain software and hardware in carrying out his BY REPRESENTATIVE PINAC duties; to provide relative to the audits of the Department of AN ACT Education and of local school boards and performance and To amend and reenact R.S. 51:1253(10), 1255(20), and 1262(A)(11) statistical data provided with financial statements of local school and to repeal R.S. 51:1262(A)(12), relative to the Department boards; to provide relative to actuarial notes prepared by the of Culture, Recreation and Tourism; to change the definition of legislative auditor; to replace references to predecessor officers "tourist"; to provide for the powers and duties of the office of of the legislative auditor with references to the legislative auditor tourism; to provide for the promulgation of rules; to authorize or the Louisiana Tax Commission; and to provide for related a welcome center at Butte LaRose; to repeal provisions matters. authorizing welcome centers near Angie and in eastern New Orleans; and to provide for related matters. Reported without amendments.

Reported without amendments. HOUSE BILL NO. 1828— BY REPRESENTATIVE TOWNSEND HOUSE BILL NO. 1759— AN ACT BY REPRESENTATIVES LEBLANC, DEWITT, WINSTON, R. ALEXANDER, To amend and reenact R.S. 37:1262(1), relative to the practice of DOERGE, DURAND, GUILLORY, ILES, L. JACKSON, KATZ, MCCALLUM, PERKINS, SCHWEGMANN, SHAW, AND WELCH medicine, surgery, or midwifery; to exclude, under certain AN ACT conditions, the selection, delivery, or administration of To enact R.S. 46:460.3, relative to work activities under the anesthesia from the definition of "the practice of medicine, Temporary Assistance for Needy Families programs; to specify surgery, or midwifery"; and to provide for related matters. that adult basic education and literacy training shall be considered vocational educational training; and to provide for Reported without amendments. related matters. HOUSE BILL NO. 1834— Reported without amendments. BY REPRESENTATIVES LANCASTER AND WALSWORTH AN ACT HOUSE BILL NO. 1777— To enact R.S. 18:1505.3(D), relative to campaign advertising; to BY REPRESENTATIVE DIEZ prohibit persons from making or accepting certain payments AN ACT regarding campaign advertising; to require publishers and To amend and reenact R.S. 32:772(F)(1), (2), (5), and (8), broadcasters to file certain reports with the supervisory 774(G)(1)(a), and 776(D) and to repeal R.S. 32:774(B)(4)(b) and committee; to provide for penalties; and to provide for related 774.1, relative to used motor vehicle dealers; to provide for the matters. retention of records; to provide for the regulation of trade shows; to provide for applications; to provide for bonding Reported without amendments. requirements; to provide relative to immediate revocation of a license; to provide relative to extended warranty contracts; and HOUSE BILL NO. 1845— to provide for related matters. BY REPRESENTATIVES PRATT AND K. CARTER AND SENATOR BAJOIE AN ACT Reported without amendments. To enact R.S. 47:463.83, relative to motor vehicle prestige license plates; to provide for the creation of the Delta Sigma Theta HOUSE BILL NO. 1815— Sorority prestige license plate; to provide for the issuance of BY REPRESENTATIVE TRICHE such plate; to provide for the color and design of such plate; to AN ACT provide relative to the fees for such plate, including a royalty fee To enact R.S. 24:523, relative to notifications to the legislative for use of the organization's logo; to provide for the use of such auditor and district attorney; to require that agency heads notify fees; to require a contract relative to royalty fees; to authorize the legislative auditor and district attorney of the the promulgation of rules and regulations; and to provide for misappropriation of public funds or assets; and to provide for related matters. related matters. Reported without amendments. Reported without amendments. HOUSE BILL NO. 1888— HOUSE BILL NO. 1816— BY REPRESENTATIVE MONTGOMERY BY REPRESENTATIVE TRICHE AN ACT AN ACT To amend and reenact R.S. 32:1254(H), (I)(1), and (M)(3), relative to To amend and reenact R.S. 9:1586, R.S. 11:1472(B), R.S. 13:753, licensees of the Louisiana Motor Vehicle Commission; to R.S. 17:1755, R.S. 24:513(A)(1)(a), 513.1(A), 513.3(C), 514(I), provide for applications for licenses; to provide for the renewal 516(A)(1), 521(B) and (E), R.S. 33:536, 650, and 1446, R.S. of such licenses; to provide relative to fees assessed for such 34:24(B)(2), R.S. 39:408, R.S. 44:4(6), R.S. 47:1966, 1993(B), licenses; to provide relative to bonding requirements; and to and 2064, and R.S. 49:208 and 209 and to enact R.S. 24:513(M), provide for related matters. relative to the legislative auditor; to provide for the issuance, receiving, and maintaining of reports; to provide for access by Reported without amendments. 39th DAY'S PROCEEDINGS Page 13 SENATE June 11, 2001

HOUSE BILL NO. 1890— HOUSE BILL NO. 1903— BY REPRESENTATIVE KENNARD BY REPRESENTATIVE QUEZAIRE AN ACT AN ACT To amend and reenact R.S. 33:1971, relative to fire ground authority; To amend and reenact R.S. 32:863(A)(3)(b) and (c), relative to to provide for the fire ground authority at certain emergency compulsory motor vehicle liability security; to provide for uses scenes; and to provide for related matters. of compulsory insurance reinstatement fees; and to provide for related matters. Reported without amendments. Reported without amendments. HOUSE BILL NO. 1893— BY REPRESENTATIVE CLARKSON HOUSE BILL NO. 1942— AN ACT BY REPRESENTATIVES TRICHE AND HEBERT To amend and reenact R.S. 47:463.58, relative to the Life Center Full AN ACT Gospel Baptist Cathedral prestige plate; to provide for the use To enact R.S. 47:463.83, relative to motor vehicle prestige license of funds; and to provide for related matters. plates; to provide for the creation the Seniors-Our Heritage prestige license plate; to provide for the issuance of such plates; Reported without amendments. to provide for the color and design of such plate; to provide relative to the fees for such plate, including a royalty fee; to HOUSE BILL NO. 1896— provide for the use of such fees; to authorize the promulgation BY REPRESENTATIVE L. JACKSON of rules and regulations; and to provide for related matters. AN ACT To amend and reenact R.S. 40:1300.161, 1300.162(B), and Reported without amendments. 1300.163(A), (B)(introductory paragraph) and (7), and (C) and to enact R.S. 40:1300.163(D) and (E), relative to hepatitis C; to HOUSE BILL NO. 1959— state legislative intent; to provide relative to protocols and BY REPRESENTATIVE FUTRELL guidelines for prevention, detection, diagnosis, and treatment; to AN ACT provide for a program of training regarding treatment, detection, To enact R.S. 33:4574(C)(1)(b)(v), relative to the Baton Rouge Area and prevention of the disease; to provide for voluntary testing; Convention and Visitors Bureau; to provide relative to the terms to provide for training for counselors; and to provide for related of office of the board of commissioners of the bureau; and to matters. provide for related matters.

Reported without amendments. Reported without amendments.

HOUSE BILL NO. 1900— HOUSE BILL NO. 1982— BY REPRESENTATIVES KATZ AND DIEZ BY REPRESENTATIVE GLOVER AN ACT AN ACT To amend and reenact R.S. 47:463(A)(3), relative to applications for To enact R.S. 33:1992(D), relative to the minimum monthly salary of prestige license plates; to change the minimum number of certain fire department employees; to provide for the minimum applications required for the design and issuance of prestige monthly salary of a fire alarm operator or dispatcher or any license plates after January 1, 2002; and to provide for related other person doing such work for certain municipal fire matters. departments; and to provide for related matters.

Reported without amendments. Reported without amendments.

HOUSE BILL NO. 1902— HOUSE BILL NO. 2006— BY REPRESENTATIVE DOWNER BY REPRESENTATIVE BAYLOR AN ACT AN ACT To enact R.S. 32:1736 and R.S. 45:180.3, relative to the non- To enact R.S. 40:1300.134(C) and (D), relative to FQHC consentual towing of motor vehicles; to require certain reimbursement; to provide for payment methodologies; to information on the billing invoice; to provide relative to certain provide for applicable dates; and to provide for related matters. written contracts; to require certain property owners to place certain signage; to provide relative to signage on certain private Reported without amendments. property; to require uniform fees; to provide relative to the enforcement of these provisions, including the inspection of HOUSE BILL NO. 2027— billing invoices; to provide relative to penalties for BY REPRESENTATIVE DOWNER noncompliance; to provide relative to a cause of action; to AN ACT provide relative to recoverable costs; and to provide for related To amend and reenact R.S. 32:402(B)(1), relative to drivers' licenses; matters. to provide relative to traffic violations; to provide for penalties; and to provide for related matters. Reported without amendments. Reported without amendments. Page 14 SENATE 39th DAY'S PROCEEDINGS June 11, 2001

HOUSE BILL NO. 2054 (Substitute for House Bill No. 1130 HOUSE BILL NO. 2072 (Substitute for House Bill 1709 by by Representative Pinac)— Representative Diez)— BY REPRESENTATIVE PINAC BY REPRESENTATIVE DIEZ AN ACT AN ACT To amend and reenact R.S. 32:1254(N)(6)(o), (r), and (t)(ii), 1254.1, To enact Chapter 29 of Title 48 of the Louisiana Revised Statutes of and 1256.1, relative to motor vehicle dealers; to provide relative 1950, to be comprised of R.S. 48:2061 through 2073, relative to to violations; to provide relative to warranty work claims; to the Department of Transportation and Development; to create provide for failure of manufacturers to deliver certain motor and provide relative to the Louisiana Transportation Authority; vehicles; to provide relative to facilities requirements; to provide to provide for certain definitions; to provide relative to the relative to audits of dealer records by manufacturers; to provide purpose, powers, jurisdiction and duties of the authority; to for venue and choice of law; and to provide for related matters. establish a board of directors; to provide relative to directors; to provide relative to bonds, tolls, and other revenue; to provide Reported without amendments. relative to certain projects, acquisition of land, and utilities; to provide relative to public records; to provide for the cessation HOUSE BILL NO. 2056 (Substitute for House Bill No. 443 of tolls; and to provide for related matters. by Representative Scalise) — BY REPRESENTATIVES SCALISE, BRUNEAU, LANCASTER, AND Reported without amendments. LANDRIEU AN ACT To enact R.S. 18:1505.2(I)(3) and 1505.4(D), relative to penalties for HOUSE BILL NO. 2074 (Substitute for House Bill No. 143 by Representative Flavin)— violations of the Campaign Finance Disclosure Act; to prohibit BY REPRESENTATIVE FLAVIN the expenditure of campaign funds by a candidate or his AN ACT principal or subsidiary campaign committee while a campaign To amend and reenact R.S. 33:130.556(B)(1), relative to the North finance fine, fee, or penalty remains unpaid; to provide for Lake Charles Economic Development District; to require the penalties; to provide relative to the suspension from office of an approval of the governing authorities of both the city of Lake elected official who has not complied with a final order imposing Charles and the parish of Calcasieu before the board may call an a campaign finance fine, fee, or penalty; to provide for the election for general obligation, ad valorem property tax secured manner of compliance with an order imposing a campaign bonds; and to provide for related matters. finance, fine, fee, or penalty; and to provide for related matters. Reported without amendments. Reported with amendments. Respectfully submitted, LEGISLATIVE BUREAU AMENDMENTS LOUIS LAMBERT Chairman Amendments proposed by Legislative Bureau to Reengrossed House Bill No. 2056 by Representative Scalise Adoption of Legislative Bureau Report AMENDMENT NO. 1 On motion of Senator Lambert, the Legislative Bureau In Senate Committee Amendment No. 5 proposed by the Senate amendments were adopted and the Bills and Joint Resolutions were Committee on Senate and Governmental Affairs and adopted by the read by title and passed to a third reading. Senate on June 7, 2001, on line 12, change "3" to "4"

AMENDMENT NO. 2 Reports of Committees On page 1, line 2, delete "and 1505.4(D)" The following reports of committees were received and read: HOUSE BILL NO. 2067 (Substitute for House Bill No. 582 by Representative Pinac) — REPORT OF COMMITTEE ON BY REPRESENTATIVE PINAC AN ACT SENATE AND GOVERNMENTAL AFFAIRS To amend and reenact R.S. 9:3576.3(2)(b)(i), 3576.5(D), 3576.15(A) and (C), and 3576.16 and to enact R.S. 9:3576.3(9) and Senator Ullo, Chairman on behalf of the Committee on Senate 3576.21(H)(5), relative to collection agencies; to provide relative and Governmental Affairs, submitted the following report: to definitions; to provide for examination of records; to provide relative to surety bond or other requirements; to provide relative June 11, 2001 to powers of the commissioner; to provide for revocation of licenses; and to provide for related matters. To the President and Members of the Senate:

Reported without amendments. I am directed by your Committee on Senate and Governmental Affairs to submit the following report: 39th DAY'S PROCEEDINGS Page 15 SENATE June 11, 2001

SENATE CONCURRENT RESOLUTION NO. 157— Chairman BY SENATOR ELLINGTON A CONCURRENT RESOLUTION REPORT OF COMMITTEE ON To urge and request the Senate and Governmental Affairs Committee and the House and Governmental Affairs Committee to function JUDICIARY C as a joint committee to study certain exceptions to the Code of Governmental Ethics. Senator Lentini, Chairman on behalf of the Committee on Judiciary C, submitted the following report: Reported favorably. June 08, 2001 HOUSE CONCURRENT RESOLUTION NO. 188— BY REPRESENTATIVES TOOMY, KATZ, AND GARY SMITH AND SENATOR HOLLIS To the President and Members of the Senate: A CONCURRENT RESOLUTION To memorialize the United States Congress to support House I am directed by your Committee on Judiciary C to submit the Resolution 527 making changes to Section 527 of the Internal following report: Revenue Code, relative to reports by state and local political committees. HOUSE BILL NO. 426— BY REPRESENTATIVE FUTRELL Reported favorably. AN ACT Respectfully submitted, To enact R.S. 14:91.1, relative to offenses affecting the health and CHRIS ULLO morals of minors; to create the crime of unlawful presence of a Chairman sexually violent predator; to prohibit the unlawful presence of a sexually violent predator on or near certain areas; to provide REPORT OF COMMITTEE ON for exceptions; to provide for notification to school officials; to provide for definitions; to provide for penalties; and to provide REVENUE AND FISCAL AFFAIRS for related matters.

Senator Barham, Chairman on behalf of the Committee on Reported with amendments. Revenue and Fiscal Affairs, submitted the following report: HOUSE BILL NO. 1669— June 8, 2001 BY REPRESENTATIVE MORRELL AN ACT To enact Code of Criminal Procedure Article 814(A)(59), relative to To the President and Members of the Senate: responsive verdicts; to provide for responsive verdicts for solicitation of crime against nature; and to provide for related I am directed by your Committee on Revenue and Fiscal Affairs matters. to submit the following report: Reported favorably. HOUSE CONCURRENT RESOLUTION NO. 208— BY REPRESENTATIVES ANSARDI AND MURRAY A CONCURRENT RESOLUTION HOUSE BILL NO. 1944— To urge and request the Department of Revenue to take all actions BY REPRESENTATIVE MARTINY AN ACT which are reasonable and necessary to collect all income taxes To amend and reenact R.S. 14:40.1(A), relative to the crime of owed to the state which are attributable to the income of terrorizing; to provide with respect to the definition of that nonresident professional athletes and professional sports crime; and to provide for related matters. franchises. Reported favorably. Reported favorably. HOUSE BILL NO. 1987— HOUSE CONCURRENT RESOLUTION NO. 209— BY REPRESENTATIVE THOMPSON BY REPRESENTATIVE ALARIO AN ACT A CONCURRENT RESOLUTION To amend and reenact R.S. 15:121, relative to grand juries; to provide To urge and request the secretary of the Department of Revenue to with respect to the authority of grand juries to inspect prisons take every possible action within the boundaries of the law to and hospitals; to authorize the filing of reports; and to provide ensure that no additional state tax burden is placed on the for related matters. citizens of Louisiana as a result of the passage of federal income tax relief and the mailing of tax rebate checks. Reported favorably. Reported favorably. Respectfully submitted, ARTHUR J. "ART" LENTINI Respectfully submitted, Chairman ROBERT J. BARHAM Page 16 SENATE 39th DAY'S PROCEEDINGS June 11, 2001

REPORT OF COMMITTEE ON Chairwoman

LOCAL AND MUNICIPAL AFFAIRS REPORT OF COMMITTEE ON

Senator Bajoie, Chairman on behalf of the Committee on Local JUDICIARY A and Municipal Affairs, submitted the following report: Senator Ellington, Chairman on behalf of the Committee on June 8, 2001 Judiciary A, submitted the following report:

To the President and Members of the Senate: June 8, 2001

I am directed by your Committee on Local and Municipal To the President and Members of the Senate: Affairs to submit the following report: I am directed by your Committee on Judiciary A to submit the HOUSE BILL NO. 386— following report: BY REPRESENTATIVE MORRISH AN ACT SENATE CONCURRENT RESOLUTION NO. 156— To amend and reenact R.S. 39:1305(A), 1306(A), and 1309(A), BY SENATOR ELLINGTON relative to annual budgets of parish governing authorities; to A CONCURRENT RESOLUTION change the time for completion and adoption of such budgets; to To establish the Louisiana Adoption Study Committee to study the authorize parish governing authorities to adopt their annual adoption proceedings in the state. budgets within thirty days after the fiscal year begins; and to provide for related matters. Reported favorably.

Reported favorably. HOUSE CONCURRENT RESOLUTION NO. 181— BY REPRESENTATIVES MCMAINS, JOHNS, CLARKSON, SNEED, AND DOWNER HOUSE BILL NO. 387— BY REPRESENTATIVE MORRISH A CONCURRENT RESOLUTION AN ACT To direct the Louisiana State Law Institute to study adoption To amend and reenact R.S. 39:1305(A), 1306(A), and 1309(A), procedures and the constitutionality of certain procedures for relative to the annual budgets of the parish governing authorities; the termination of parental rights. to change the time for completion and adoption of such budgets by the Jefferson Davis Parish governing authority; to authorize Reported favorably. the Jefferson Davis Parish governing authority to adopt its annual budget within thirty days after the fiscal year begins; and HOUSE CONCURRENT RESOLUTION NO. 189— BY REPRESENTATIVES ERDEY AND MCMAINS to provide for related matters. A CONCURRENT RESOLUTION To direct the Louisiana State Law Institute to study disavowal Reported favorably. actions by the husband of the mother and related matters and make specific recommendations for revisions of Louisiana laws HOUSE BILL NO. 417— BY REPRESENTATIVE DURAND to the Louisiana Legislature prior to January 1, 2003. AN ACT To amend and reenact R.S. 33:172(E), relative to annexation; to Reported favorably. prohibit certain annexations of territory in St. Martin Parish by the town of Broussard without the approval of the governing HOUSE BILL NO. 744— BY REPRESENTATIVES DEVILLIER AND CLARKSON authority of the parish; and to provide for related matters. AN ACT To amend and reenact Civil Code Article 114, relative to periodic Reported with amendments. support; to provide for modification; and to provide for related matters. HOUSE BILL NO. 418— BY REPRESENTATIVE DURAND AN ACT Reported favorably. To amend and reenact R.S. 33:172(E), relative to annexation; to prohibit certain annexations of territory in St. Martin Parish HOUSE BILL NO. 1370— BY REPRESENTATIVE THOMPSON without approval of the parish governing authority; and to AN ACT provide for related matters. To enact R.S. 14:56.3, relative to genetically engineered crops; to create the crime of criminal damage to genetically engineered Reported with amendments. crops, crop facilities, or crop information; and to provide for related matters. Respectfully submitted, DIANA E. BAJOIE Reported favorably. 39th DAY'S PROCEEDINGS Page 17 SENATE June 11, 2001

HOUSE BILL NO. 1863— Reported favorably. BY REPRESENTATIVE FRUGE AN ACT HOUSE BILL NO. 659— To enact R.S. 9:4822(M), relative to the Private Works Act; to BY REPRESENTATIVE PINAC provide for construction contracts; to provide for the furnishing AN ACT of bonds in certain circumstances; to provide for payment of To amend and reenact R.S. 30:2281, relative to liens and privileges of costs of the bond; to provide for prospective application; and to the Department of Environmental Quality for cost of provide for related matters. remediation; to provide for the filing of a notice of lien; to provide priorities for security interests on remediated property; Reported favorably. to provide for the extent of the department's interest; and to provide for related matters. Respectfully submitted, NOBLE E. ELLINGTON Reported with amendments. Chairman Respectfully submitted, REPORT OF COMMITTEE ON JAMES DAVID CAIN Chairman ENVIRONMENTAL QUALITY

Senator Cain, Chairman on behalf of the Committee on REPORT OF COMMITTEE ON Environmental Quality, submitted the following report: EDUCATION June 8, 2001 Senator Theunissen, Chairman on behalf of the Committee on To the President and Members of the Senate: Education, submitted the following report:

I am directed by your Committee on Environmental Quality to June 8, 2001 submit the following report: To the President and Members of the Senate: HOUSE CONCURRENT RESOLUTION NO. 157— BY REPRESENTATIVE DAMICO I am directed by your Committee on Education to submit the A CONCURRENT RESOLUTION following report: To urge and request the Department of Environmental Quality to study the feasibility of a consortium of southern states to HOUSE CONCURRENT RESOLUTION NO. 146— identify common environmental issues, analyze current state and BY REPRESENTATIVE FAUCHEUX federal laws and programs addressing such issues, and to work A CONCURRENT RESOLUTION toward regional solutions that benefit those southern states. To urge and request the State Board of Elementary and Secondary Education to study the feasibility of implementing the Student Reported favorably. Achievement Guarantee in Education (SAGE) program in public schools and to report the study findings and recommendations, HOUSE CONCURRENT RESOLUTION NO. 187— in writing, to the House Committee on Education and the Senate BY REPRESENTATIVES STRAIN AND KENNEY Committee on Education at least sixty days prior to the A CONCURRENT RESOLUTION beginning of the 2002 Regular Session. To urge and request the Ground Water Management Commission and the Ground Water Management Advisory Task Force to Reported with amendments. develop a cooperative aquifer and groundwater stewardship policy with the neighboring states of Mississippi, Arkansas, HOUSE CONCURRENT RESOLUTION NO. 202— and Texas. BY REPRESENTATIVES WALSWORTH, DOWNER, STELLY, AND KATZ A CONCURRENT RESOLUTION Reported favorably. To urge and request the State Board of Elementary and Secondary Education to study certain issues relative to dyslexia and related HOUSE CONCURRENT RESOLUTION NO. 203— disorders, including but not limited to current methods for the BY REPRESENTATIVES DAMICO, PERKINS, GARY SMITH, BAUDOIN, identification of students with dyslexia or related disorders, the GALLOT, KENNEY, MORRISH, SHAW, JANE SMITH, STRAIN, WADDELL, AND WOOTON adequacy of educational programs and services provided to such A CONCURRENT RESOLUTION students, the adequacy of funding provided for such programs To urge and request the House Committee on Environment and the and services, appropriate training for teachers and other school Senate Committee on Environmental Quality to jointly study employees in providing instruction to students identified with the current status, enforcement, and effectiveness of litter laws dyslexia or related disorders, and the extent to which local school in the state and to report study findings and recommendations systems in the state are in compliance with current state laws to the House of Representatives and the Senate prior to the and policies of the State Board of Elementary and Secondary convening of the 2002 Regular Session. Education relative to these issues, and to report the study Page 18 SENATE 39th DAY'S PROCEEDINGS June 11, 2001

findings and recommendations, in writing, to the House Reported with amendments. Committee on Education and the Senate Committee on Education by not later than October 1, 2001. Respectfully submitted, GERALD J. THEUNISSEN Reported with amendments. Chairman

HOUSE CONCURRENT RESOLUTION NO. 214— House Bills and Joint Resolutions BY REPRESENTATIVE GALLOT A CONCURRENT RESOLUTION on Second Reading To urge and request the Board of Supervisors for the University of Reported by Committees Louisiana System to adhere without waiver to board policies and procedures relative to personnel actions to fill chief executive Senator Theunissen asked for and obtained a suspension of the vacancies at institutions under its supervision and management. rules to take up at this time the following House Bills and Joint Resolutions just reported by Committees. Reported favorably. HOUSE BILL NO. 386— HOUSE CONCURRENT RESOLUTION NO. 217— BY REPRESENTATIVE MORRISH BY REPRESENTATIVE CRANE AN ACT A CONCURRENT RESOLUTION To amend and reenact R.S. 39:1305(A), 1306(A), and 1309(A), To urge and request the public postsecondary education management relative to annual budgets of parish governing authorities; to boards to use the authority granted each of them by R.S. change the time for completion and adoption of such budgets; to 17:3351(A)(5)(b)(i) and establish, by not later than the Fall authorize parish governing authorities to adopt their annual semester of the 2003-2004 academic year, tuition and mandatory budgets within thirty days after the fiscal year begins; and to attendance fee amounts applicable to nonresident students at provide for related matters. institutions under their respective supervision and management that at least equal the average amount of annual tuition and Reported favorably by the Committee on Local and Municipal mandatory attendance fees for the ensuing fiscal year applicable Affairs. Under the provisions of Joint Rule No. 3 of the Rules of the to nonresident students, at institutions in states comprising the Senate, the bill was read by title and referred to the Legislative Southern Regional Education Board, excluding Louisiana, which Bureau. are in the same category as established by the Southern Regional Education Board. HOUSE BILL NO. 387— BY REPRESENTATIVE MORRISH AN ACT Reported favorably. To amend and reenact R.S. 39:1305(A), 1306(A), and 1309(A), relative to the annual budgets of the parish governing authorities; HOUSE CONCURRENT RESOLUTION NO. 222— BY REPRESENTATIVES WADDELL, BAYLOR, BRUCE, GALLOT, to change the time for completion and adoption of such budgets GLOVER, HOPKINS, MONTGOMERY, SHAW, JANE SMITH, AND by the Jefferson Davis Parish governing authority; to authorize TOWNSEND the Jefferson Davis Parish governing authority to adopt its A CONCURRENT RESOLUTION annual budget within thirty days after the fiscal year begins; and To urge and request the Board of Regents to study and report in to provide for related matters. writing to the legislature its findings and recommendations on how the state can best meet the needs in northwest Louisiana of Reported favorably by the Committee on Local and Municipal students in general and nontraditional students in particular who Affairs. Under the provisions of Joint Rule No. 3 of the Rules of the seek to obtain a law degree from a Louisiana public university Senate, the bill was read by title and referred to the Legislative and who find that this curriculum is not offered at any such Bureau. institution that is located within a reasonable distance to the students needing the services, with such study to include but not HOUSE BILL NO. 417— limited to meeting these needs by establishing a new public law BY REPRESENTATIVE DURAND school or establishing a branch of such an institution. AN ACT To amend and reenact R.S. 33:172(E), relative to annexation; to Reported favorably. prohibit certain annexations of territory in St. Martin Parish by the town of Broussard without the approval of the governing HOUSE BILL NO. 815— authority of the parish; and to provide for related matters. BY REPRESENTATIVE K. CARTER AN ACT Reported with amendments by the Committee on Local and To enact R.S. 17:3048.1(V), relative to the Tuition Opportunity Municipal Affairs. Program for Students; to provide for the Associate Award, including provisions for initial and continuing eligibility SENATE COMMITTEE AMENDMENTS requirements and amounts; to provide relative to use of the Associate Award by certain students at eligible colleges and Amendments proposed by Senate Committee on Local and universities; to provide limitations; to provide for effectiveness; Municipal Affairs to Engrossed House Bill No. 417 by and to provide for related matters. Representative Durand 39th DAY'S PROCEEDINGS Page 19 SENATE June 11, 2001

AMENDMENT NO. 1 On motion of Senator Lentini, the committee amendment was On page 1, line 18, delete "on July 9, 1999" 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. 2 Legislative Bureau. On page 2, line 4, change "July 9, 1999" to "August 15, 2001" HOUSE BILL NO. 659— On motion of Senator Bajoie, the committee amendment was BY REPRESENTATIVE PINAC adopted. Under the provisions of Joint Rule No. 3 of the Rules of AN ACT the Senate, the amended bill was read by title and referred to the To amend and reenact R.S. 30:2281, relative to liens and privileges of Legislative Bureau. the Department of Environmental Quality for cost of remediation; to provide for the filing of a notice of lien; to HOUSE BILL NO. 418— provide priorities for security interests on remediated property; BY REPRESENTATIVE DURAND to provide for the extent of the department's interest; and to AN ACT provide for related matters. To amend and reenact R.S. 33:172(E), relative to annexation; to prohibit certain annexations of territory in St. Martin Parish Reported with amendments by the Committee on Environmental without approval of the parish governing authority; and to Quality. provide for related matters. SENATE COMMITTEE AMENDMENTS Reported with amendments by the Committee on Local and Municipal Affairs. Amendments proposed by Senate Committee on Environmental Quality to Reengrossed House Bill No. 659 by Representative Pinac SENATE COMMITTEE AMENDMENTS AMENDMENT NO. 1 Amendments proposed by Senate Committee on Local and Municipal On page 2, line 12, after "lien" insert the following: "but only to the Affairs to Engrossed House Bill No. 418 by Representative Durand extent of the fair market value that the property had prior to remedial action by the state, and prior recorded security interests shall be AMENDMENT NO. 1 subordinate to the state lien for any amount in excess of such pre- On page 1, line 17, delete "on July 9, 1999" remediation fair market value."

AMENDMENT NO. 2 On motion of Senator Cain, the committee amendment was On page 2, line 3, change "July 9, 1999" to "August 15, 2001" 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 On motion of Senator Bajoie, the committee amendment was Legislative Bureau. adopted. Under the provisions of Joint Rule No. 3 of the Rules of the Senate, the amended bill was read by title and referred to the HOUSE BILL NO. 744— Legislative Bureau. BY REPRESENTATIVES DEVILLIER AND CLARKSON AN ACT HOUSE BILL NO. 426— To amend and reenact Civil Code Article 114, relative to periodic BY REPRESENTATIVE FUTRELL support; to provide for modification; and to provide for related AN ACT matters. To enact R.S. 14:91.1, relative to offenses affecting the health and morals of minors; to create the crime of unlawful presence of a Reported favorably by the Committee on Judiciary A. Under sexually violent predator; to prohibit the unlawful presence of the provisions of Joint Rule No. 3 of the Rules of the Senate, the bill a sexually violent predator on or near certain areas; to provide was read by title and referred to the Legislative Bureau. for exceptions; to provide for notification to school officials; to provide for definitions; to provide for penalties; and to provide HOUSE BILL NO. 815— for related matters. BY REPRESENTATIVE K. CARTER AN ACT Reported with amendments by the Committee on Judiciary C. To enact R.S. 17:3048.1(V), relative to the Tuition Opportunity Program for Students; to provide for the Associate Award, SENATE COMMITTEE AMENDMENTS including provisions for initial and continuing eligibility requirements and amounts; to provide relative to use of the Amendments proposed by Senate Committee on Judiciary C to Associate Award by certain students at eligible colleges and Engrossed House Bill No. 426 by Representative Futrell universities; to provide limitations; to provide for effectiveness; and to provide for related matters. AMENDMENT NO. 1 On page 2, delete lines 4 through 6 Reported with amendments by the Committee on Education.

AMENDMENT NO. 2 SENATE COMMITTEE AMENDMENTS On page 2, at the beginning of line 7, change "(2) The" to "if the" Page 20 SENATE 39th DAY'S PROCEEDINGS June 11, 2001

Amendments proposed by Senate Committee on Education to HOUSE BILL NO. 1370— Engrossed House Bill No. 815 by Representative K. Carter BY REPRESENTATIVE THOMPSON AN ACT AMENDMENT NO. 1 To enact R.S. 14:56.3, relative to genetically engineered crops; to On page 2, delete lines 7 through 13 and insert the following: create the crime of criminal damage to genetically engineered crops, crop facilities, or crop information; and to provide for " (2)(a) A student receiving an Associate Award shall be limited related matters. to pursuing an academic undergraduate degree at the associate degree level or a skill or occupational training program, including a vocational Reported favorably by the Committee on Judiciary A. Under or technical education certificate or diploma program, or a the provisions of Joint Rule No. 3 of the Rules of the Senate, the bill nonacademic undergraduate degree with such award." was read by title and referred to the Legislative Bureau.

AMENDMENT NO. 2 HOUSE BILL NO. 1669— BY REPRESENTATIVE MORRELL On page 2, at the beginning of line 14, insert "(b)" AN ACT To enact Code of Criminal Procedure Article 814(A)(59), relative to AMENDMENT NO. 3 responsive verdicts; to provide for responsive verdicts for On page 2, line 18, delete "or university" and delete "which" solicitation of crime against nature; and to provide for related matters. AMENDMENT NO. 4 On page 2, line 19, delete "meets the requirements of this Subsection" Reported favorably by the Committee on Judiciary C. Under the provisions of Joint Rule No. 3 of the Rules of the Senate, the bill AMENDMENT NO. 5 was read by title and referred to the Legislative Bureau. On page 2, line 21, after "college" delete the remainder of the line and insert a period and the following: "However, except as provided HOUSE BILL NO. 1863— otherwise in Subparagraph (b) of this Paragraph, the award of a BY REPRESENTATIVE FRUGE student who pursues any such educational program at an eligible AN ACT college or university that offers academic degrees at the baccalaureate To enact R.S. 9:4822(M), relative to the Private Works Act; to level or higher shall be in an amount to be determined by the provide for construction contracts; to provide for the furnishing administering agency to equal the weighted average of amounts paid of bonds in certain circumstances; to provide for payment of under this Subsection for students attending public postsecondary costs of the bond; to provide for prospective application; and to institutions which offer academic undergraduate degrees at the provide for related matters. associate degree level but which do not offer academic degrees at the baccalaureate level or higher." Reported favorably by the Committee on Judiciary A. Under the provisions of Joint Rule No. 3 of the Rules of the Senate, the bill AMENDMENT NO. 6 was read by title and referred to the Legislative Bureau. On page 2, line 23, after "at any" insert "eligible" HOUSE BILL NO. 1944— AMENDMENT NO. 7 BY REPRESENTATIVE MARTINY On page 2, line 24, after "state" delete the remainder of the line AN ACT To amend and reenact R.S. 14:40.1(A), relative to the crime of AMENDMENT NO. 8 terrorizing; to provide with respect to the definition of that On page 3, line 3, after "colleges" delete the remainder of the line, crime; and to provide for related matters. delete line 4, and on line 5, delete "associate degree level" and insert "that offer academic undergraduate degrees at the associate degree Reported favorably by the Committee on Judiciary C. Under level but which do not offer academic degrees at the baccalaureate the provisions of Joint Rule No. 3 of the Rules of the Senate, the bill level or higher" was read by title and referred to the Legislative Bureau.

AMENDMENT NO. 10 HOUSE BILL NO. 1987— On page 3, line 7, after "public" insert "technical" and after "colleges" BY REPRESENTATIVE THOMPSON AN ACT delete "and" To amend and reenact R.S. 15:121, relative to grand juries; to provide with respect to the authority of grand juries to inspect prisons AMENDMENT NO. 11 and hospitals; to authorize the filing of reports; and to provide On page 3, line 8, delete "universities meeting the requirements of this for related matters. Subsection" Reported favorably by the Committee on Judiciary C. Under On motion of Senator Theunissen the committee amendment the provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was adopted. The amended bill was read by title and recommitted to was read by title and referred to the Legislative Bureau. the Committee on Finance. 39th DAY'S PROCEEDINGS Page 21 SENATE June 11, 2001

Reconsideration AMENDMENT NO. 3 On page 1, line 16, delete "building" and insert "site" On motion of Senator C. Jones, pursuant to the previous notice given, the vote by which the following bill failed to pass on AMENDMENT NO. 4 Thursday, June 7, 2001 was reconsidered. On page 2, line 2, delete "less than ten" and insert "a population not in excess of thirty-six" HOUSE BILL NO. 761— BY REPRESENTATIVE MARTINY AMENDMENT NO. 5 AN ACT On page 2, line 3, delete "students." and insert "people, as To amend and reenact R.S. 27:302(A)(5)(i), relative to the Video determined by the latest federal decennial census." Draw Poker Devices Control Law; to provide with respect to the denomination of bills and coins which a video draw poker HOUSE FLOOR AMENDMENTS device accepts; and to provide for related matters. Amendments proposed by Representatives R. Carter and Bowler to On motion of Senator Lambert, the bill was read by title and Engrossed Senate Bill No. 221 by Senator Hines returned to the Calendar, subject to call. AMENDMENT NO. 1 Senate Bills and Joint Resolutions Delete Amendment No. 3 proposed by the House Committee on Returned from the House House and Governmental Affairs and adopted by the House on May of Representatives with Amendments 24, 2001.

The following Senate Bills and Joint Resolutions returned from AMENDMENT NO. 2 the House of Representatives with amendments were taken up and On page 1, line 16, after "any" delete "school building level" and acted upon as follows: insert "classroom teacher"

SENATE BILL NO. 36— Senator Hines moved to reject the amendments proposed by the BY SENATORS CAIN AND ROMERO House. AN ACT To amend and reenact R.S. 27:323(B)(2), relative to the Louisiana ROLL CALL Gaming Control Law; to provide with respect to video draw poker devices; to provide for the Video Draw Poker Device The roll was called with the following result: Purse Supplement Fund; to provide for the allocation of funds provided to the Louisiana Quarterhorse Association; and to YEAS provide for related matters. Barham Fields, W Lambert On motion of Senator Lambert, the bill was read by title and Boissiere Fontenot Marionneaux returned to the Calendar, subject to call. Campbell Gautreaux McPherson Chaisson Heitmeier Michot SENATE BILL NO. 221— Cravins Hines Mount BY SENATORS HINES AND THEUNISSEN Dardenne Hollis Smith AN ACT Dean Hoyt Theunissen To enact R.S. 42:1123(28), relative to the Code of Governmental Dupre Irons Thomas Ethics; to exempt former city or parish school board employees Ellington Jones, B Ullo from the prohibition against contracting with, or being employed Fields, C Jones, C by such board within a certain period of time; to provide for Total—29 limitations; and to provide for related matters. NAYS

The bill was read by title. Returned from the House of Total—0 Representatives with the following amendments: ABSENT HOUSE COMMITTEE AMENDMENTS Mr. President Johnson Schedler Bajoie Lentini Tarver Amendments proposed by House Committee on House and Bean Malone Governmental Affairs to Engrossed Senate Bill No. 221 by Senator Cain Romero Hines Total—10 AMENDMENT NO. 1 The Chair declared the amendments proposed by the House On page 1, line 4, delete "contracting with, or" were rejected. Senator Hines moved to reconsider the vote by which the amendments were rejected and laid the motion on the table. AMENDMENT NO. 2 On page 1, line 15, delete "contracting with or" Page 22 SENATE 39th DAY'S PROCEEDINGS June 11, 2001

SENATE BILL NO. 239— Chaisson Heitmeier Michot BY SENATORS C. JONES AND CRAVINS Cravins Hines Mount AN ACT Dardenne Hollis Smith To amend and reenact R.S. 14:52.1(B), 56.2(D), 62.1(B) and (C), Dean Hoyt Theunissen 67.15(C), 69.1(B)(2), 70.1(B), 82(D), 91.7(C), 92.2(B), 92.3(C), Dupre Irons Thomas 95(D) and (E), 106(G)(2)(a), (3), and (4), 106.1(C)(2), 119(D), Ellington Jones, B Ullo 119.1(D), 122.1(D), 123(C)(1) and (2), 283(B)(2), (3), and (4), Total—30 352, and 402.1(B), R.S. 15:529.1(A)(1)(b)(ii) and (c)(ii), NAYS 1303(B), and 1304(B), R.S. 27:262(C), (D), and (E), 309(C), and 375(C), R.S. 40:966(B)(1), (C)(1), (D), (E), and (F), 967(B)(1), Total—0 (2), (3), and (4)(a) and (b), and (F)(1)(a) and (b), (2), and (3), ABSENT 979(A), 981, 981.1, 981.2(B) and (C), and 981.3(A)(1) and (E), and Code of Criminal Procedure Art. 893(A), and to enact R.S. Bajoie Johnson Romero 15:574.22 and R.S. 40:966(G), relative to non-violent crimes; to Bean Lentini Schedler provide relative to mandatory sentences for such crimes; to Cain Malone Tarver remove such mandatory sentences; and to provide for related Total—9 matters. The Chair declared the amendments proposed by the House On motion of Senator Lambert, the bill was read by title and were concurred in. Senator W. Fields moved to reconsider the vote returned to the Calendar, subject to call. by which the amendments were concurred in and laid the motion on the table. SENATE BILL NO. 372— BY SENATOR W. FIELDS SENATE BILL NO. 412— AN ACT BY SENATOR ELLINGTON To amend and reenact R.S. 48:442(3)(d) and to enact R.S. AN ACT 48:442(3)(e), relative to expropriation; to require certain To enact Part XXIII of Chapter 13 of Title 38 of the Louisiana notification to the owners of property; and to provide for Revised Statutes of 1950, to be comprised of R.S. 38:3087.141 related matters. through 3087.155, relative to water conservation; to provide for the creation of the Turkey Creek Reservoir District and a board The bill was read by title. Returned from the House of of commissioners for the district; to provide for jurisdiction, Representatives with the following amendments: powers, and functions of the district and the board, including authority for taxation and expropriation; to provide for HOUSE COMMITTEE AMENDMENTS enforcement of rules and regulations of the board; to provide for violations and penalties; to provide for the powers and duties of Amendments proposed by House Committee on Civil Law and certain state departments and agencies; and to provide for related Procedure to engrossed Senate Bill No. 372 by Senator Fields matters.

AMENDMENT NO. 1 The bill was read by title. Returned from the House of On page 2, line 10, after "property" insert a comma "," and add "to Representatives with the following amendments: the extent that they are known," HOUSE COMMITTEE AMENDMENTS AMENDMENT NO. 2 On page 2, at the end of line 10, after "requested" add "to the owner Amendments proposed by House Committee on Transportation, or owners' last known address" Highways and Public Works to Reengrossed Senate Bill No. 412 by Senator Ellington AMENDMENT NO. 3 On page 2, line 11, change "forty-five" to "thirty" AMENDMENT NO. 1 On page 1, at the beginning of line 4, change "3087.155" to Senator W. Fields moved to concur in the amendments proposed "3087.148" by the House. AMENDMENT NO. 2 ROLL CALL On page 1, line 6, after "jurisdiction" delete the remainder of the line and delete lines 7 through 10 in their entirety and insert "; and to" The roll was called with the following result: AMENDMENT NO. 3 YEAS On page 1, at the end of line 14, change "3087.155" to "3087.148"

Mr. President Fields, C Jones, C AMENDMENT NO. 4 Barham Fields, W Lambert On page 2, line 11, after "Franklin" insert a period "." and delete the Boissiere Fontenot Marionneaux remainder of the line and delete lines 12 through 18 in their entirety Campbell Gautreaux McPherson 39th DAY'S PROCEEDINGS Page 23 SENATE June 11, 2001

AMENDMENT NO. 5 Bajoie Hines Romero On page 2, at the beginning of line 22, delete "A." Bean Johnson Schedler Cain Lentini Tarver AMENDMENT NO. 6 Fields, W Malone On page 3, delete lines 1 through 27 in their entirety Total—11

AMENDMENT NO. 7 The Chair declared the amendments proposed by the House On page 4, at the beginning of line 5, change "seven" to "nine" were concurred in. Senator Ellington moved to reconsider the vote by which the amendments were concurred in and laid the motion on the AMENDMENT NO. 8 table. On page 4, line 9, change "seven" to "nine" SENATE BILL NO. 431— AMENDMENT NO. 9 BY SENATOR MICHOT On page 4, line 19, change "Two" to "Four" and "six" to "twelve" AN ACT To amend and reenact Civil Code Art. 2315, relative to liability for AMENDMENT NO. 10 acts which cause damage; to provide for the recovery of sales tax On page 5, line 22, after "may" delete the colon ":" and delete lines 23 paid by the owner of the property damaged; to provide that through 27 in their entirety and delete page 6 and on page 7 delete damages shall include any sales tax paid by the owner on the lines 1 through 9 and at the beginning of line 10 delete "(11) Do" and property damaged; and to provide for related matters. insert "do" The bill was read by title. Returned from the House of AMENDMENT NO. 11 Representatives with the following amendments: On page 7, delete lines 20 through 27 in their entirety and delete pages 8 through 11 and on page 12 delete lines 1 through 20 HOUSE COMMITTEE AMENDMENTS

AMENDMENT NO. 12 Amendments proposed by House Committee on Civil Law and On page 12, line 21, change "3087.151" to "3087.148" Procedure to Engrossed Senate Bill No. 431 by Senator Michot

AMENDMENT NO. 13 AMENDMENT NO. 1 On page 12, line 22, change "3087.151" to "3087.148" On page 2, delete lines 4 through 6 in their entirety and insert the following: "any sales taxes paid by the owner on the repair or AMENDMENT NO. 14 replacement of the property damaged." On page 12, delete lines 26 and 27 in their entirety and delete pages 13 and 14 Senator Michot moved to concur in the amendments proposed by the House. Senator Ellington moved to concur in the amendments proposed by the House. ROLL CALL

ROLL CALL The roll was called with the following result:

The roll was called with the following result: YEAS

YEAS Mr. President Fields, W Lambert Barham Fontenot Marionneaux Mr. President Fields, C Marionneaux Boissiere Gautreaux McPherson Barham Fontenot McPherson Campbell Heitmeier Michot Boissiere Gautreaux Michot Chaisson Hines Mount Campbell Heitmeier Mount Dardenne Hollis Smith Chaisson Hollis Smith Dean Hoyt Theunissen Cravins Hoyt Theunissen Dupre Irons Thomas Dardenne Irons Thomas Ellington Jones, B Ullo Dean Jones, B Ullo Fields, C Jones, C Dupre Jones, C Total—29 Ellington Lambert NAYS Total—28 NAYS Total—0 ABSENT Total—0 ABSENT Bajoie Johnson Schedler Bean Lentini Tarver Page 24 SENATE 39th DAY'S PROCEEDINGS June 11, 2001

Cain Malone Total—12 Cravins Romero Total—10 The Chair declared the amendments proposed by the House were rejected. Senator Fontenot moved to reconsider the vote by The Chair declared the amendments proposed by the House which the amendments were rejected and laid the motion on the table. were concurred in. Senator Michot moved to reconsider the vote by which the amendments were concurred in and laid the motion on the SENATE BILL NO. 511— table. BY SENATORS LENTINI AND DUPRE AND REPRESENTATIVE DOWNER AN ACT SENATE BILL NO. 501— To amend and reenact Code of Criminal Procedure Art. 924 and to BY SENATOR FONTENOT enact Code of Criminal Procedure Art. 926.1, Art. 930.3(7), and AN ACT R.S. 15:151.2(G), relative to post conviction relief; to provide To enact R.S. 32:418, relative to driver licenses; to authorize certain for a procedure for filing post conviction relief to allow DNA persons to register with the United States Selective Service when testing; to establish a two year period within which an applying for a driver's license or identification card; to require application may be filed; to provide for the burden of proof in the office of motor vehicles to electronically forward certain such proceeding; to provide for definitions; to provide for the information to the Selective Service System; to provide for an selection of a laboratory; to provide for the protection of effective date; and to provide for related matters. evidence during pendency of the application; to require preservation of certain evidence from all cases concluding with The bill was read by title. Returned from the House of a verdict or plea of guilty until August 31, 2003; to provide for Representatives with the following amendments: a procedure to count the number of applications filed; to create the DNA Testing Post-Conviction Relief for Indigents Fund; to HOUSE COMMITTEE AMENDMENTS provide relative to legislative appropriations; to provide for the Louisiana Indigent Defender Assistance Board to administer Amendments proposed by House Committee on Transportation, such funds; and to provide for related matters. Highways and Public Works to Engrossed Senate Bill No. 501 by Senator Fontenot On motion of Senator Lambert, the bill was read by title and returned to the Calendar, subject to call. AMENDMENT NO. 1 On page 1, line 13, after "age," and before "be" change "shall" to SENATE BILL NO. 560— "may" BY SENATOR HINES AN ACT Senator Fontenot moved to reject the amendments proposed by To enact R.S. 40:2212(C), relative to basic benefit plans provided the House. under a health care cost control program; to prohibit the basic benefit plan from excluding direct reimbursement to advance ROLL CALL practice registered nurses; to require reimbursement for advanced practice registered nurses at a rate equal to that paid other health care providers for performance of the same services; and to The roll was called with the following result: provide for related matters. YEAS The bill was read by title. Returned from the House of Representatives with the following amendments: Mr. President Fields, C Lambert Barham Fields, W Marionneaux HOUSE FLOOR AMENDMENTS Boissiere Fontenot McPherson Campbell Gautreaux Michot Amendments proposed by Representative Durand to Engrossed Chaisson Heitmeier Mount Senate Bill No. 560 by Senator Hines Dardenne Hollis Smith Dean Hoyt Theunissen AMENDMENT NO. 1 Dupre Irons Thomas On page 1, line 4, delete "advance practice registered nurses" and Ellington Jones, B Ullo insert "certain types of nurse practitioners;" Total—27 NAYS AMENDMENT NO. 2

On page 1, line 5, delete "advanced practice registered nurses" and Total—0 insert "such nurse practitioners" ABSENT AMENDMENT NO. 3 Bajoie Hines Malone On page 1, line 14, after "provided by" delete the remainder of the Bean Johnson Romero line and at the beginning of line 15 delete "registered nurse" and insert Cain Jones, C Schedler "a pediatric or family nurse practitioner who provides" Cravins Lentini Tarver 39th DAY'S PROCEEDINGS Page 25 SENATE June 11, 2001

AMENDMENT NO. 4 within sixty days of their nomination; and to provide for related On page 2, line 3, delete "an advanced practice registered nurse" and matters. insert "a pediatric or family nurse practitioner" On motion of Senator Lambert, the bill was read by title and AMENDMENT NO. 5 returned to the Calendar, subject to call. On page 2, after line 4, add the following: "(3) Any qualified plan shall incorporate pediatric and family nurse practitioners as primary SENATE BILL NO. 632— care providers." BY SENATOR DARDENNE AN ACT Senator Hines moved to reject the amendments proposed by the To enact Subpart F of Part II-A of Chapter 1 of Subtitle 1 of Title 39 House. of the Louisiana Revised Statutes of 1950, to be comprised of R.S. 39:99.1 through 99.20, relative to tobacco settlement ROLL CALL financing; to provide for legislative findings and intent; to provide for definitions; to create the Tobacco Settlement Financing Corporation and to provide for a board; to provide for The roll was called with the following result: staffing of the corporation; to provide for tax exemptions; to provide for bond validation actions; to provide for the sale of YEAS certain tobacco assets; to provide for the issuance of bonds and for the security for payment of bonds; to provide for ancillary Mr. President Fields, C Marionneaux contracts and swaps; and to provide for related matters. Barham Fields, W McPherson Boissiere Fontenot Michot On motion of Senator Lambert, the bill was read by title and Campbell Gautreaux Mount returned to the Calendar, subject to call. Chaisson Heitmeier Smith Cravins Hines Theunissen SENATE BILL NO. 702— Dardenne Hollis Thomas BY SENATOR DARDENNE Dean Hoyt Ullo AN ACT Dupre Irons To enact R.S. 17:154.4, relative to public school schedules; to require Ellington Jones, B the governing authority of any city, parish, or other local public Total—28 school system to schedule and conduct an additional NAYS instructional day under certain circumstances; and to provide for related matters. Total—0 ABSENT The bill was read by title. Returned from the House of Representatives with the following amendments: Bajoie Jones, C Romero Bean Lambert Schedler HOUSE COMMITTEE AMENDMENTS Cain Lentini Tarver Johnson Malone Amendments proposed by House Committee on Education to Total—11 Engrossed Senate Bill No. 702 by Senator Dardenne

The Chair declared the amendments proposed by the House AMENDMENT NO. 1 were rejected. Senator Hines moved to reconsider the vote by which On page 1, line 12, after "closes school" and before "as" insert "for a the amendments were rejected and laid the motion on the table. day"

SENATE BILL NO. 564— AMENDMENT NO. 2 BY SENATOR ROMERO On page 1, line 15, after "of school" and before "in" insert "for each AN ACT day school was closed" To enact 9:203(D), relative to marriage; to authorize federal court judges to perform marriage ceremonies within the state; and to Senator Dardenne moved to concur in the amendments proposed provide for related matters. by the House. On motion of Senator Lambert, the bill was read by title and returned to the Calendar, subject to call. ROLL CALL

SENATE BILL NO. 574— The roll was called with the following result: BY SENATOR ULLO AN ACT YEAS To amend and reenact R.S. 42:1132(B)(2)(a), relative to the appointment of members to the Board of Ethics; to require that Mr. President Fields, C Jones, B the appointment of the members to the Board of Ethics be made Barham Fields, W Lambert Campbell Fontenot Marionneaux Page 26 SENATE 39th DAY'S PROCEEDINGS June 11, 2001

Chaisson Gautreaux McPherson SENATE BILL NO. 753— Cravins Heitmeier Mount BY SENATOR BOISSIERE Dardenne Hines Smith AN ACT Dean Hollis Theunissen To amend and reenact R.S. 22:1304(A) and to enact R.S. 22:1304(C), Dupre Hoyt Thomas relative to insurers; to provide for examinations and Ellington Irons investigations of insurers; to provide for examinations of third Total—26 party administrators for insurers or self-insurance funds; and to NAYS provide for related matters.

Total—0 The bill was read by title. Returned from the House of ABSENT Representatives with the following amendments:

Bajoie Jones, C Schedler HOUSE COMMITTEE AMENDMENTS Bean Lentini Tarver Boissiere Malone Ullo Amendments proposed by House Committee on Insurance to Cain Michot Engrossed Senate Bill No. 753 by Senator Boissiere Johnson Romero Total—13 AMENDMENT NO. 1 On page 1, line 5, at the beginning of the line before "self-insurance" The Chair declared the amendments proposed by the House insert "certain" were concurred in. Senator Dardenne moved to reconsider the vote by which the amendments were concurred in and laid the motion on AMENDMENT NO. 2 the table. On page 1, line 12, after "fund," and before "all" insert "other than a group self-insured fund provided for in R.S. 23:1195 et seq." SENATE BILL NO. 703— BY SENATOR MALONE Senator Boissiere moved to concur in the amendments proposed AN ACT by the House. To amend and reenact R.S. 51:423(A), relative to unfair sales practices; to prohibit the sale of information by retail or ROLL CALL wholesale grocers concerning customers derived from the issuance to and use of certain cards by customers; and to The roll was called with the following result: provide for related matters. YEAS On motion of Senator Lambert, the bill was read by title and returned to the Calendar, subject to call. Barham Fields, C Jones, C Boissiere Fields, W Lambert SENATE BILL NO. 730— Campbell Fontenot Marionneaux BY SENATOR HINES Chaisson Gautreaux McPherson AN ACT Cravins Heitmeier Michot To amend and reenact the introductory paragraph of R.S. 37:1031(B) Dardenne Hines Mount and (C), and 1032, relative to the Joint Administration Dean Hollis Smith Committee on Prescriptive Authority for Advanced Practice Dupre Hoyt Theunissen Registered Nurses; to provide for its membership; to provide for Ellington Jones, B Thomas its powers and duties; to provide an effective date; and to Total—27 provide for related matters. NAYS On motion of Senator Lambert, the bill was read by title and Irons returned to the Calendar, subject to call. Total—1 ABSENT SENATE BILL NO. 750— BY SENATOR SCHEDLER AN ACT Mr. President Johnson Schedler To enact R.S. 40:1299.44(C)(9), relative to the patient's Bajoie Lentini Tarver compensation fund; to provide for self-insured health care Bean Malone Ullo providers; to provide for removal from petition; and to provide Cain Romero for related matters. Total—11

On motion of Senator Lambert, the bill was read by title and The Chair declared the amendments proposed by the House returned to the Calendar, subject to call. were concurred in. Senator Boissiere moved to reconsider the vote by which the amendments were concurred in and laid the motion on the table. 39th DAY'S PROCEEDINGS Page 27 SENATE June 11, 2001

SENATE BILL NO. 963— by which the amendments were concurred in and laid the motion on BY SENATOR LENTINI the table. AN ACT To amend and reenact Code of Civil Procedure Art. 4231, relative to SENATE BILL NO. 1031— tutorship; to provide a limited disqualification for certain BY SENATOR FONTENOT parents convicted of a felony; and to provide for related matters. AN ACT To amend and reenact R.S. 32:1726(B), relative to motor vehicles; to On motion of Senator Lambert, the bill was read by title and provide for the maximum charge for storage of certain unclaimed returned to the Calendar, subject to call. vehicles; and to provide for related matters.

SENATE BILL NO. 1025— The bill was read by title. Returned from the House of BY SENATOR MCPHERSON Representatives with the following amendments: AN ACT To amend and reenact R.S. 48:461.4(b)(3), relative to advertising HOUSE FLOOR AMENDMENTS signs; to provide that certain signs shall not be placed in a stacked configuration; and to provide for related matters. Amendments proposed by Representative Diez to Engrossed Senate Bill No. 1031 by Senator Fontenot The bill was read by title. Returned from the House of Representatives with the following amendments: AMENDMENT NO. 1

HOUSE FLOOR AMENDMENTS On page 1, line 16, after "R.S. 32:1728" and before the period "." delete "(B) Amendments proposed by Representative R. Carter to Engrossed Senate Bill No. 1025 by Senator McPherson Senator Fontenot moved to concur in the amendments proposed by the House. AMENDMENT NO. 1 On page 2, delete line 16 and insert: "remain in place for five years." ROLL CALL Senator McPherson moved to concur in the amendments The roll was called with the following result: proposed by the House. YEAS ROLL CALL Barham Fields, W Marionneaux The roll was called with the following result: Boissiere Fontenot McPherson Campbell Gautreaux Michot YEAS Chaisson Heitmeier Mount Cravins Hines Smith Mr. President Fields, C Lambert Dardenne Hollis Theunissen Barham Fields, W Marionneaux Dean Hoyt Thomas Boissiere Fontenot McPherson Dupre Irons Ullo Campbell Gautreaux Michot Ellington Jones, B Chaisson Heitmeier Mount Fields, C Lambert Cravins Hines Smith Total—28 Dardenne Hollis Theunissen NAYS Dean Hoyt Thomas Dupre Irons Total—0 Ellington Jones, B ABSENT Total—28 NAYS Mr. President Johnson Romero Bajoie Jones, C Schedler Total—0 Bean Lentini Tarver ABSENT Cain Malone Total—11 Bajoie Jones, C Schedler Bean Lentini Tarver The Chair declared the amendments proposed by the House Cain Malone Ullo were concurred in. Senator Fontenot moved to reconsider the vote by Johnson Romero which the amendments were concurred in and laid the motion on the Total—11 table. The Chair declared the amendments proposed by the House were concurred in. Senator McPherson moved to reconsider the vote Page 28 SENATE 39th DAY'S PROCEEDINGS June 11, 2001

SENATE BILL NO. 1074— Bean Lentini Tarver BY SENATOR LAMBERT (BY REQUEST) Cain Malone AN ACT Total—11 To amend and reenact R.S. 45:1194, relative to contests of public service commission actions; to provide for consideration by the The Chair declared the amendments proposed by the House public service commission of additional evidence in certain were concurred in. Senator Lambert moved to reconsider the vote by circumstances; to require a remand for such consideration and to which the amendments were concurred in and laid the motion on the provide for the actions which may be taken upon such remand; table. and to provide for related matters. Appointment of Conference Committee The bill was read by title. Returned from the House of Representatives with the following amendments: on House Bill No. 945

HOUSE FLOOR AMENDMENTS The President of the Senate appointed on the Conference Committee on House Bill No. 945 the following members of the Amendments proposed by Representative Faucheux to Reengrossed Senate: Senators Lentini, Marionneaux and Chaisson. Senate Bill No. 1074 by Senator Lambert Appointment of Conference Committee AMENDMENT NO. 1 on House Bill No. 987 On page 1, line 6, after "reprimand;" and before "and" insert "to provide for effectiveness;" The President of the Senate appointed on the Conference Committee on House Bill No. 987 the following members of the AMENDMENT NO. 2 Senate: Senators B. Jones, Barham and Dardenne. On page 2, between lines 18 and 19, insert the following: Appointment of Conference Committee "Section 2. The provisions of this Act shall not have retroactive on Senate Bill No. 776 effect and shall only apply to actions brought after the effective date of the Act." The President of the Senate appointed the following members to confer with a like committee from the House for the purpose of AMENDMENT NO. 3 considering the disagreement on Senate Bill No. 776: Senators B. On page 2, at the beginning of line 19, change "Section 2." to "Section Jones, Theunissen and W. Fields. 3." Senator Lambert in the Chair Senator Lambert moved to concur in the amendments proposed by the House. Senate Bills and Joint Resolutions Returned from the House ROLL CALL of Representatives with Amendments, The roll was called with the following result: Subject to Call

YEAS The following Senate Bills and Joint Resolutions returned from the House of Representatives, subject to call with amendments were Barham Fields, W Marionneaux taken up and acted upon as follows: Boissiere Fontenot McPherson Campbell Gautreaux Michot Called from the Calendar Chaisson Heitmeier Mount Cravins Hines Smith Senator Ullo asked that Senate Bill No. 574 be called from the Dardenne Hollis Theunissen Calendar at this time. Dean Hoyt Thomas Dupre Irons Ullo SENATE BILL NO. 574— Ellington Jones, B BY SENATOR ULLO Fields, C Lambert AN ACT Total—28 To amend and reenact R.S. 42:1132(B)(2)(a), relative to the NAYS appointment of members to the Board of Ethics; to require that the appointment of the members to the Board of Ethics be made Total—0 within sixty days of their nomination; and to provide for related ABSENT matters.

Mr. President Johnson Romero The bill was read by title. Returned from the House of Bajoie Jones, C Schedler Representatives with the following amendments: 39th DAY'S PROCEEDINGS Page 29 SENATE June 11, 2001

HOUSE COMMITTEE AMENDMENTS Cain McPherson Total—11 Amendments proposed by House Committee on House and Governmental Affairs to Engrossed Senate Bill No. 574 by Senator The Chair declared the amendments proposed by the House Ullo were concurred in. Senator Ullo moved to reconsider the vote by which the amendments were concurred in and laid the motion on the AMENDMENT NO. 1 table. On page 1, line 3, between "appointment" and "of" insert "or election" Called from the Calendar

AMENDMENT NO. 2 Senator Hines asked that Senate Bill No. 730 be called from the On page 1, line 4, after "Ethics be" delete the remainder of the line Calendar at this time. and on line 5 delete "nomination;" and insert the following: "completed not later than sixty days after the receipt of the names of SENATE BILL NO. 730— the nominees; to provide for election and appointment of members to BY SENATOR HINES the board in the event no one is appointed or elected in the sixty-day AN ACT period;" To amend and reenact the introductory paragraph of R.S. 37:1031(B) and (C), and 1032, relative to the Joint Administration AMENDMENT NO. 3 Committee on Prescriptive Authority for Advanced Practice On page 2, line 13 after "members" delete the remainder of the line Registered Nurses; to provide for its membership; to provide for and delete line 14 in its entirety and insert "no later than sixty days its powers and duties; to provide an effective date; and to after the receipt of the names of the nominees." provide for related matters.

AMENDMENT NO. 4 The bill was read by title. Returned from the House of On page 2, at the end of line 14, insert the following: "Should the Representatives with the following amendments: governor fail to make an appointment in the sixty-day period, the nominee listed first on the list of nominees shall be deemed appointed HOUSE COMMITTEE AMENDMENTS to fill the vacancy. Should the Senate or House of Representatives, whichever is appropriate, fail to elect a member from the list of Amendments proposed by House Committee on Health and Welfare nominees in the sixty-day period, the nominee listed first on the list to Engrossed Senate Bill No. 730 by Senator Hines of nominees shall be deemed elected to fill the vacancy." AMENDMENT NO. 1 Senator Ullo moved to concur in the amendments proposed by On page 2, at the end of line 11, after "Louisiana" and before the House. "Association" insert "State Nurses"

ROLL CALL AMENDMENT NO. 2 On page 2, at the end of line 11, add a period "." and delete line 12 in The roll was called with the following result: its entirety

YEAS LEGISLATIVE BUREAU AMENDMENTS

Barham Fields, W Lambert Amendments proposed by Legislative Bureau to Engrossed Senate Boissiere Fontenot Marionneaux Bill No. 730 by Senator Hines Campbell Gautreaux Michot Chaisson Heitmeier Mount AMENDMENT NO. 1 Cravins Hines Smith On page 1, line 2, following "reenact" and before "R.S." delete "the Dardenne Hollis Theunissen introductory paragraph of" Dean Hoyt Thomas Dupre Irons Ullo AMENDMENT NO. 2 Ellington Jones, B On page 1, line 8, following "Section 1." and before "R.S." delete Fields, C Jones, C "The introductory paragraph of" Total—28 NAYS AMENDMENT NO. 3 On page 2, line 22, following "in" and before "urban" change "a" to Total—0 "an" ABSENT AMENDMENT NO. 4 Mr. President Johnson Romero On page 4, line 13, following "by the Louisiana" change "Association Bajoie Lentini Schedler of Nurse Practitioners" to "State Nurses Association" Bean Malone Tarver Page 30 SENATE 39th DAY'S PROCEEDINGS June 11, 2001

Senator Hines moved to reject the amendments proposed by the On page 2, after line 5, add the following: House. "Section 3. The provisions of R.S. 9:203(D) as enacted by this ROLL CALL Act shall terminate and be null, void, and without effect on July 1, 2001." The roll was called with the following result: Senator Romero moved to concur in the amendments proposed YEAS by the House.

Barham Fields, W Lambert ROLL CALL Boissiere Fontenot Marionneaux Campbell Gautreaux Michot The roll was called with the following result: Chaisson Heitmeier Mount Cravins Hines Romero YEAS Dardenne Hollis Smith Dean Hoyt Theunissen Bajoie Fields, C Lambert Dupre Irons Thomas Barham Fields, W Marionneaux Ellington Jones, B Ullo Boissiere Fontenot Michot Fields, C Jones, C Campbell Gautreaux Mount Total—29 Chaisson Heitmeier Romero NAYS Cravins Hines Theunissen Dardenne Hollis Thomas Total—0 Dean Hoyt Ullo ABSENT Dupre Jones, B Ellington Jones, C Mr. President Johnson Schedler Total—28 Bajoie Lentini Tarver NAYS Bean Malone Cain McPherson Total—0 Total—10 ABSENT

The Chair declared the amendments proposed by the House Mr. President Johnson Schedler were rejected. Senator Hines moved to reconsider the vote by which Bean Lentini Smith the amendments were rejected and laid the motion on the table. Cain Malone Tarver Irons McPherson Called from the Calendar Total—11

Senator Romero asked that Senate Bill No. 564 be called from The Chair declared the amendments proposed by the House the Calendar at this time. were concurred in. Senator Romero moved to reconsider the vote by which the amendments were concurred in and laid the motion on the SENATE BILL NO. 564— table. BY SENATOR ROMERO AN ACT Called from the Calendar To enact 9:203(D), relative to marriage; to authorize federal court judges to perform marriage ceremonies within the state; and to Senator C. Jones asked that Senate Bill No. 239 be called from provide for related matters. the Calendar at this time.

The bill was read by title. Returned from the House of SENATE BILL NO. 239— Representatives with the following amendments: BY SENATORS C. JONES AND CRAVINS AN ACT HOUSE FLOOR AMENDMENTS To amend and reenact R.S. 14:52.1(B), 56.2(D), 62.1(B) and (C), 67.15(C), 69.1(B)(2), 70.1(B), 82(D), 91.7(C), 92.2(B), 92.3(C), Amendments proposed by Representative Bowler to Engrossed 95(D) and (E), 106(G)(2)(a), (3), and (4), 106.1(C)(2), 119(D), Senate Bill No. 564 by Senator Romero 119.1(D), 122.1(D), 123(C)(1) and (2), 283(B)(2), (3), and (4), 352, and 402.1(B), R.S. 15:529.1(A)(1)(b)(ii) and (c)(ii), AMENDMENT NO. 1 1303(B), and 1304(B), R.S. 27:262(C), (D), and (E), 309(C), and On page 1, line 3, after "state;" and before "and" insert "to provide 375(C), R.S. 40:966(B)(1), (C)(1), (D), (E), and (F), 967(B)(1), for termination of the authority;" (2), (3), and (4)(a) and (b), and (F)(1)(a) and (b), (2), and (3), 979(A), 981, 981.1, 981.2(B) and (C), and 981.3(A)(1) and (E), AMENDMENT NO. 2 and Code of Criminal Procedure Art. 893(A), and to enact R.S. 39th DAY'S PROCEEDINGS Page 31 SENATE June 11, 2001

15:574.22 and R.S. 40:966(G), relative to non-violent crimes; to AMENDMENT NO. 12 provide relative to mandatory sentences for such crimes; to On page 13, delete lines 26 and 27 in their entirety and on page 14, remove such mandatory sentences; and to provide for related delete lines 1 through 5 in their entirety and insert in lieu thereof the matters. following:

The bill was read by title. Returned from the House of "(ii) If the third felony or either of and the two prior felonies is Representatives with the following amendments: a felony are felonies defined as either a crime of violence under R.S. 14:2(13) or as a violation of the Uniform Controlled Dangerous HOUSE COMMITTEE AMENDMENTS Substances Law punishable by imprisonment for more than five ten years or more or any other crime crimes punishable by imprisonment Amendments proposed by House Committee on Administration of for more than twelve years or more, or any combination of such Criminal Justice to Reengrossed Senate Bill No. 239 by Senator C. crimes, the person shall be imprisoned for the remainder of his Jones natural life, without benefit of parole, probation, or suspension of sentence." AMENDMENT NO. 1 On page 1, line 2, after "reenact" and before "62.1(B)" delete "R.S. AMENDMENT NO. 13 14:52.1, 56.2(D)," and insert "R.S. 14:56.2(D)," On page 14, delete lines 10 through 12, and insert the following:

AMENDMENT NO. 2 "(ii) If the fourth or subsequent felony or any and two of the prior felonies is a felony are felonies defined as either a crime of On page 1, line 3, after "92.3(C)," and before "95(D)" insert "94(C), violence under R.S. 14:2(13) or as a violation of the Uniform" (E), and (F)," AMENDMENT NO. 14 AMENDMENT NO. 3 On page 14, line 15, after "for" and before "twelve" delete "more On page 1, at the end of line 7, delete "R.S. 40:966(B)(1)" and insert than" "R.S. 40:966(B)," AMENDMENT NO. 15 AMENDMENT NO. 4 On page 14, line 15, after "years" and before the comma "," insert "or On page 1, at the beginning of line 9, after "(F)(1)" and before the more, or any combination of such crimes" comma "," delete "(a) and (b)" AMENDMENT NO. 16 AMENDMENT NO. 5 On page 14, line 24, after "risk review panels." delete the remainder On page 1, line 15, after "Section 1." and before "62.1(B)" delete of the line and delete line 25 in its entirety "R.S. 14:52.1(B), 56.2(D)" and insert "R.S. 14:56.2(D)," AMENDMENT NO. 17 AMENDMENT NO. 6 On page 15, line 2, after "(1)" delete the remainder of the line in its On page 1, line 16, after "92.3(C)," insert "94(C), (E), and (F)," entirety and insert in lieu thereof "One member shall be a board certified psychologist. This member" AMENDMENT NO. 7 On page 2, delete lines 4 through 12 in their entirety AMENDMENT NO. 18 On page 15, between lines 9 and 10, insert the following: AMENDMENT NO. 8 On page 7, line 5, after "years," insert "at least five years of which "(4) A retired judge with criminal law expertise, who shall be shall be served without benefit of parole, probation, or suspension of appointed by the governor. sentence." (5) A probation or parole officer with a minimum of ten years experience, who shall be appointed by the governor." AMENDMENT NO. 9 On page 7, line 11 after "life" insert "at least seven years of which AMENDMENT NO. 19 shall be served without benefit of parole, probation, or suspension of On page 15, line 21, after "meet" and before "on" delete "once a sentence." month and may meet"

AMENDMENT NO. 10 AMENDMENT NO. 20 On page 7, line 25, after "years" delete the period "." and insert "at On page 15, line 26, after "the" and before "information" delete least two years of which shall be served without benefit of parole, "boards of pardons and parole," and insert "Board of Pardons and the probation, or suspension of sentence." Board of Parole"

AMENDMENT NO. 11 AMENDMENT NO. 21 On page 8, line 2, after "years" insert "at least five years of which On page 16, line 3, after "the duty" and before "to evaluate" insert a shall be served without benefit of parole, probation, or suspension of comma "," and insert "in accordance with the rules promulgated sentence." pursuant to Subsection H of this Section," Page 32 SENATE 39th DAY'S PROCEEDINGS June 11, 2001

AMENDMENT NO. 22 (3) Except as provided in Subsections E and F hereof F or G of On page 16, line 6, after "confinement." delete the remainder of the this Section, on a third or subsequent conviction for violation of line and lines 7 and 8 in their entirety" Subsection C of this Section with regard to marijuana, tetrahydrocannabinol or chemical derivatives thereof, the offender AMENDMENT NO. 23 shall be sentenced to imprisonment with or without hard labor for not On page 17, line 12, after "the" and before "or" delete "pardon more than twenty years. board," and insert "Board of Pardons" (4) A conviction for the violation of any other statute or ordinance with the same elements as R.S. 40:966(C) prohibiting the AMENDMENT NO. 24 possession of marijuana, tetrahydrocannabinol or chemical derivatives On page 17, at the end of line 13, delete "parole" and at the beginning thereof, shall be considered as a prior conviction for the purposes of of line 14 delete "board." and insert "Board of Parole." this Subsection relating to penalties for second, third, or subsequent offenders." AMENDMENT NO. 25 On page 17, at the end of line 15, insert "Any recommendation of the AMENDMENT NO. 34 panel shall not be binding on the Board of Pardons or the Board of On page 22, line 23, change "thirty" to "forty" Parole." AMENDMENT NO. 35 AMENDMENT NO. 26 On page 23, line 3, change "fifteen" to "twenty-five" On page 17, line 16, after "within" and before "days" delete "ninety" and insert "one hundred twenty" AMENDMENT NO. 36 On page 23, line 4, change "thirty" to "forty" AMENDMENT NO. 27 On page 20, line 4, after "Section 4." delete "R.S. 40:966(B)(1)," and AMENDMENT NO. 37 insert "R.S. 40:966(B)," On page 23, at the end of line 10, after "by" change "Subsection E." to "Subsections D or F." AMENDMENT NO. 28 On page 20, line 5, after "(F)(1)" and before the comma "," delete AMENDMENT NO. 38 "(a) and (b)" On page 23, line 23, after "ten years" add a comma "," and add "at least two years of which shall be served without benefit of parole, AMENDMENT NO. 29 probation, or suspension of sentence," On page 20, line 16, before "not less than five" insert "imprisonment for" AMENDMENT NO. 39 On page 24, line 3, after "thirty years," add "at least ten years of AMENDMENT NO. 30 which shall be served without benefit of parole, probation, or On page 20, line 17, change "thirty" to "fifty" suspension of sentence,"

AMENDMENT NO. 31 AMENDMENT NO. 40 On page 20, line 17, after "labor" and before "without" insert "at least On page 24, line 12, after "years" and before "and" insert a comma "," five years of which shall be served" and add "at least ten years of which shall be served without benefit of parole, probation, or suspension of sentence," AMENDMENT NO. 32 On page 20, delete line 20, in its entirety and insert: AMENDMENT NO. 41 On page 25, delete line 15 and insert the following: "(2) Any other controlled dangerous substance classified in Schedule I, shall upon conviction be sentenced to a term of "(c) Any person who knowingly or intentionally possesses four imprisonment at hard labor for not less than five years nor more than hundred grams or more of cocaine or of a mixture or substance thirty years, at least five years of which shall be served without containing a detectable amount of cocaine or of its analogues as benefit of parole, probation, or suspension of sentence, and pay a provided in Schedule II(A)(4) of R.S. 40:964, shall be sentenced to fine of not more than fifty thousand dollars." serve a term of imprisonment at hard labor of not less than thirty fifteen years, nor more than sixty thirty years and to pay a fine of AMENDMENT NO. 33 not less than two hundred fifty thousand dollars, nor more than six On page 22, delete line 10 and insert in lieu thereof the following: hundred thousand dollars."

"(2) Except as provided in Subsections E and F hereof F or G AMENDMENT NO. 42 of this Section, on a second conviction for violation of Subsection C On page 30, line 13, after "shall" and before "be punished" delete of this Section with regard to marijuana, tetrahydrocannabinol or "not" chemical derivatives thereof, the offender shall be fined not more than two thousand dollars, imprisoned with or without hard labor for not AMENDMENT NO. 43 more than five years, or both. On page 31, line 20, after "R.S. 14:81.2" delete the comma "," and insert a period "." and delete the remainder of the line and delete lines 39th DAY'S PROCEEDINGS Page 33 SENATE June 11, 2001

21 and 22 in their entirety and on line 23, delete "40:966(D) and (F) parole, probation, or suspension of sentence; to provide minimum and 967(G)." sentences of imprisonment for certain offenses; to provide with respect to sentencing for multiple felony convictions; to provide with HOUSE FLOOR AMENDMENTS respect to the suspension of sentences for certain crimes; to provide with respect to sentencing for violations of the Uniform Controlled Amendments proposed by Representative Hunter to Reengrossed Dangerous Substances Law; to create the Louisiana Risk Review Senate Bill No. 239 by Senator C. Jones Panel; to provide for membership of the panel; to provide for the powers and duties of the panel; to provide for the adoption of rules; AMENDMENT NO. 1 to clarify penalty provisions with regard to violations involving On page 32, after line 1, insert the following: certain Schedule II controlled dangerous substances; and to provide for related matters." "Section 7. This Act shall become effective upon signature by the governor or, if not signed by the governor, upon expiration of the AMENDMENT NO. 3 time for bills to become law without signature by the governor, as On page 23, line 15, after "is" and before "a" insert "an amphetamine provided in Article III, Section 18 of the Constitution of Louisiana. or methamphetamine or which is" If vetoed by the governor and subsequently approved by the legislature, this Act shall become effective on the day following such AMENDMENT NO. 4 approval." On page 23, line 18, after "R.S. 40:964" delete the comma "," and delete the remainder of the line and insert "shall" HOUSE FLOOR AMENDMENTS HOUSE FLOOR AMENDMENTS Amendments proposed by Representative Hunter to Reengrossed Senate Bill No. 239 by Senator C. Jones Amendments proposed by Representative Futrell to Reengrossed Senate Bill No. 239 by Senator C. Jones et al. AMENDMENT NO. 1 Delete Committee Amendment Nos. 2, 6, 8, 9, 10, and 11 proposed AMENDMENT NO. 1 by the House Committee on Administration of Criminal Justice and On page 1, line 4, after "(2)(a)" and before "106.1" delete the comma adopted by the House on May 29, 2001. "," and "(3), and (4)," and insert "and (3),"

AMENDMENT NO. 2 AMENDMENT NO. 2 On page 1, line 3, after "92.3(C)," delete the remainder of the line On page 2, line 1, after "(2)(a)" and before "106.1" delete the comma "," and "(3), and (4)," and insert "and (3)," AMENDMENT NO. 3 On page 1, line 16, after "92.3(C)," delete the remainder of the line AMENDMENT NO. 3 On page 8, delete lines 19 through 24 AMENDMENT NO. 4 On page 6, delete lines 8 through 27 in their entirety HOUSE FLOOR AMENDMENTS

AMENDMENT NO. 5 Amendments proposed by Representative Walsworth to On page 7, delete lines 1 through 27 in their entirety Reengrossed Senate Bill No. 239 by Senators C. Jones and Cravins

AMENDMENT NO. 6 AMENDMENT NO. 1 On page 8, delete lines 1 through 4 in their entirety On page 1, line 5, after "123(C)(1) and (2)," and before "352" delete "283(B)(2), (3), and (4)," HOUSE FLOOR AMENDMENTS AMENDMENT NO. 2 Amendments proposed by Representative Martiny to Rengrossed On page 2, line 2, after "123(C)(1) and (2)," and before "352" delete Senate Bill No. 239 by Senator C. Jones "283(B)(2), (3), and (4),"

AMENDMENT NO. 1 AMENDMENT NO. 3 In House Committee Amendment No. 18 proposed by the House On page 10, delete lines 24 through 27 in their entirety and on page Committee on Administration of Criminal Justice and adopted by the 11, delete lines 1 through 19 in their entirety House on May 24, 2001, on line 1, change "expertise" to "experience" HOUSE FLOOR AMENDMENTS AMENDMENT NO. 2 On page 1, delete line 13 in its entirety and insert the following: Amendments proposed by Representative Bruneau to Rengrossed Senate Bill No. 239 by Senator C. Jones "remove mandatory sentences for certain offenses; to reduce the length of incarceration in the penalty provisions for certain offenses; AMENDMENT NO. 1 to provide that the the sentence for certain offenses can be subject to Page 34 SENATE 39th DAY'S PROCEEDINGS June 11, 2001

In House Committee Amendment No. 12 proposed by the House Amendments proposed by Representative Fruge to Reengrossed Committee on Administration of Criminal Justice and adopted by the Senate Bill No. 239 by Senator C. Jones House on May 24, 2001, on line 11, after "as" and before "a" delete "either" and on line 12, after "14:2(13)" and before "or" insert a AMENDMENT NO. 1 comma "," and add "a sex offense as defined in R.S. 15:540 et seq. On page 17, delete lines 16 through 20 when the victim is under the age of eighteen at the time of commission of the offense," Senator C. Jones moved to reject the amendments proposed by the House. AMENDMENT NO. 2 In House Committee Amendment No. 13 proposed by the House ROLL CALL Committee on Administration of Criminal Justice and adopted by the House on May 24, 2001, on line 21, after "as" and before "a" delete The roll was called with the following result: "either" and on line 22, after "14:2(13)" and before "or" insert a comma "," and add "a sex offense as defined in R.S. 15:540 et seq. YEAS when the victim is under the age of eighteen at the time of commission of the offense," Bajoie Fields, C Jones, C Barham Fields, W Lambert AMENDMENT NO. 3 Boissiere Fontenot Marionneaux Delete House Committee Amendment No. 22 proposed by the House Campbell Gautreaux McPherson Committee on Administration of Criminal Justice and adopted by the Chaisson Heitmeier Michot House on May 24, 2001 Cravins Hines Mount Dardenne Hollis Romero AMENDMENT NO. 4 Dean Hoyt Theunissen On page 16, line 6, after "confinement" change the period "." to a Dupre Irons Thomas semicolon ";" and delete the remainder of the line and delete lines 7 Ellington Jones, B Ullo and 8 in their entirety and add the following: "however, the panel Total—30 shall not evaluate the risk of danger to society presented by any NAYS person convicted of a sex offense as defined in R.S. 15:540 et seq. when the victim is under the age of eighteen at the time of Total—0 commission of the offense, or convicted of a violation of the Uniform ABSENT Controlled Dangerous Substances Law other than possession as defined in R.S. 40:966(C), 967(C), 968(C), 969(C) and 970(C)." Mr. President Johnson Schedler Bean Lentini Smith HOUSE FLOOR AMENDMENTS Cain Malone Tarver Total—9 Amendments proposed by Representative Devillier to Reengrossed Senate Bill No. 239 by Senator C. Jones The Chair declared the amendments proposed by the House were rejected. Senator C. Jones moved to reconsider the vote by AMENDMENT NO. 1 which the amendments were rejected and laid the motion on the table. On page 16, at the end of line 8, add the following: " Notwithstanding any other provision of law to the contrary, no convicted person Senate Bills and Joint Resolutions on sentenced under R.S. 15:529.1 shall be eligible for risk review under Third Reading the provisions of this Section." and Final Passage HOUSE FLOOR AMENDMENTS The following Senate Bills and Joint Resolutions on third reading Amendments proposed by Representative Perkins to Reengrossed and final passage were taken up and acted upon as follows: Senate Bill No. 239 by Senators C. Jones and Cravins SENATE BILL NO. 1108 (Substitute for Senate Bill No. 593 by Senator Cain)— AMENDMENT NO. 1 BY SENATOR FONTENOT On page 1, at the end of line 2, delete "67:15(C)," AN ACT To amend and reenact R.S. 36:4.1(B)(1), to enact Chapter 6-A of AMENDMENT NO. 2 Title 37 of the Louisiana Revised Statutes of 1950, to be On page 1, at the end of line 15, delete "67:15(C)," comprised of R.S. 37:561 through 607, and to repeal Chapter 6 of Title 37 of Louisiana Revised Statutes of 1950, comprised of AMENDMENT NO. 3 R.S. 37:491 through 556, relative to cosmetology; to provide On page 3, delete lines 4 through 18 in their entirety relative to definitions; to provide for the creation of the Louisiana Board of Cosmetology; to provide for the membership HOUSE FLOOR AMENDMENTS and powers and duties of the board; to provide for the conduct of board business; to provide for the compensation of board 39th DAY'S PROCEEDINGS Page 35 SENATE June 11, 2001

members; to prohibit certain information from being divulged; to Fields, W Lambert provide for the "Cosmetologists' Board Fund"; to prohibit Total—28 certain activities without a certificate of registration; to establish NAYS qualifications for certificates; to provide for continuing education for teachers; to provide for temporary and special permits; to Total—0 establish an examination team and to provide for conducting ABSENT examinations; to provide for inactive certificates and reactivations; to provide for certificates for managers; to provide Mr. President Dupre McPherson for renewals of certificates; to provide for the registration and Bean Johnson Schedler regulation of beauty shops; to prohibit the employment of Cain Lentini Tarver certain persons at beauty shops; to provide for booth rental Cravins Malone permits; to provide for the registration and regulation of Total—11 cosmetology schools; to provide for the regulation of satellite classrooms; to require the display of certificates; to provide for The Chair declared the bill was passed. The title was read and records to be maintained; to provide for fees assessed; to adopted. Senator Ellington moved to reconsider the vote by which provide for grounds for certain administrative actions by the the bill was passed and laid the motion on the table. board; to provide for fines assessed by inspectors; to provide for investigations; to provide for violations and penalties; to HOUSE BILL NO. 1083— allow the board to institute actions for injunctions; to allow the BY REPRESENTATIVES MCMAINS AND ANSARDI board to petition for certain court orders; to provide for the (On Recommendation of the Louisiana State Law Institute) review of board orders; and to provide for related matters. TRUSTS: Provides for a revision of certain provisions governing trustees On motion of Senator Fontenot, the bill was read by title and AN ACT returned to the Calendar, subject to call. To amend and reenact R.S. 9:2082, 2086, 2087, 2090, 2127, and 2142, to authorize and direct the Louisiana State Law Institute House Bills and Joint Resolutions on to redesignate Subpart E of Part V of Chapter 1 of Code Title II of Code Book III of Title 9 of the Louisiana Revised Statutes of Third Reading 1950 as Subpart F and to enact a new Subpart E of Part V of and Final Passage Chapter 1 of Code Title II of Code Book III of Title 9 of the Louisiana Revised Statutes of 1950 to be comprised of R.S. The following House Bills and Joint Resolutions on third reading 9:2158 through 2163, and to repeal R.S. 9:2116, relative to the and final passage were taken up and acted upon as follows: Louisiana Trust Code, to provide for a duty of impartiality in the administration of a trust; to provide for self-dealing by a HOUSE BILL NO. 1070— corporate trustee; to provide for delegating performance; to BY REPRESENTATIVE TRICHE AN ACT provide for prudent administration; to provide for the standard of care in investing and management; to provide for income and To amend and reenact R.S. 40:1299.58(A)(introductory paragraph) and (2) and to enact R.S. 40:1299.58(F), relative to consent to principal; to provide for remedies when a trustee has abused his discretion; to provide for effective dates and transitional medical treatment; to allow the administrator or manager to provide medical consent for certain mentally retarded or provisions; and to provide for related matters. developmentally disabled individuals; and to provide for related matters. The bill was read by title. Senator Ellington moved the final passage of the bill. The bill was read by title. Senator Ellington moved the final passage of the bill. ROLL CALL

ROLL CALL The roll was called with the following result:

The roll was called with the following result: YEAS

YEAS Bajoie Fields, C Jones, C Barham Fields, W Lambert Bajoie Fontenot Marionneaux Boissiere Fontenot Marionneaux Campbell Gautreaux McPherson Barham Gautreaux Michot Boissiere Heitmeier Mount Chaisson Heitmeier Mount Cravins Hines Romero Campbell Hines Romero Chaisson Hollis Smith Dardenne Hollis Smith Dean Hoyt Theunissen Dardenne Hoyt Theunissen Dean Irons Thomas Dupre Irons Thomas Ellington Jones, B Ullo Ellington Jones, B Ullo Fields, C Jones, C Total—30 Page 36 SENATE 39th DAY'S PROCEEDINGS June 11, 2001

NAYS HOUSE BILL NO. 1178— BY REPRESENTATIVE MARTINY Total—0 AN ACT ABSENT To amend and reenact R.S. 27:306(A)(4)(c)(iv) and to enact R.S. 27:301(B)(16) and (17) and 311(L), relative to Video Draw Mr. President Johnson Michot Poker Devices Control Law; to provide for and require a video Bean Lentini Schedler draw poker employee permit fee; to provide with respect to Cain Malone Tarver diesel and gasoline fuel sales at qualified truck stop facilities; and Total—9 to provide for related matters.

The Chair declared the bill was passed. The title was read and Floor Amendments Sent Up adopted. Senator Ellington moved to reconsider the vote by which the bill was passed and laid the motion on the table. Senator Dardenne sent up floor amendments which were read.

HOUSE BILL NO. 1169— SENATE FLOOR AMENDMENTS BY REPRESENTATIVE DAMICO AN ACT Amendments proposed by Senator Dardenne to Engrossed House To amend and reenact R.S. 30:2158(A)(1) and to repeal R.S. Bill No. 1178 by Representative Martiny 30:2154(B)(6), 2161(D), and 2301 through 2326, R.S. 33:4169.1(F), and R.S. 36:239(G), and 804(1), relative to the AMENDMENT NO. 1 Louisiana Resource and Recovery Development Authority; to On page 2, line 19, after "business" insert the following: "and provide for its dissolution; and to provide for related matters. consistent with the requirements of Subpart E of Part VIII of Chapter 1 of Title 51 of the Louisiana Revised Statutes of 1950, comprised of The bill was read by title. Senator Fontenot moved the final R.S. 51:421 through 427, and the requirements of Chapter 13 of Title passage of the bill. 51 of the Louisiana Revised Statutes of 1950, comprised of R.S. 51:1401 through 1419," ROLL CALL On motion of Senator Dardenne, the amendments were adopted. The roll was called with the following result: The bill was read by title. Senator Cravins moved final passage YEAS of the amended bill.

Bajoie Fields, W Marionneaux ROLL CALL Barham Fontenot McPherson Boissiere Gautreaux Michot The roll was called with the following result: Campbell Heitmeier Mount Chaisson Hines Romero YEAS Cravins Hollis Smith Dardenne Hoyt Theunissen Mr. President Fields, W Jones, C Dean Irons Thomas Bajoie Gautreaux Lentini Dupre Jones, B Ullo Boissiere Heitmeier Michot Ellington Jones, C Campbell Hines Mount Fields, C Lambert Chaisson Hollis Romero Total—31 Cravins Hoyt Theunissen NAYS Dardenne Irons Thomas Dean Jones, B Ullo Total—0 Total—24 ABSENT NAYS

Mr. President Johnson Schedler Barham Fields, C Marionneaux Bean Lentini Tarver Dupre Fontenot Smith Cain Malone Total—6 Total—8 ABSENT

The Chair declared the bill was passed. The title was read and Bean Johnson McPherson adopted. Senator Fontenot moved to reconsider the vote by which Cain Lambert Schedler the bill was passed and laid the motion on the table. Ellington Malone Tarver Total—9

The Chair declared the bill failed to pass. 39th DAY'S PROCEEDINGS Page 37 SENATE June 11, 2001

Notice of Reconsideration The bill was read by title. Senator Boissiere moved the final passage of the bill. Senator Cravins, pursuant to Senate Rule Number 11.12, gave notice that before the expiration of the Morning Hour of the next ROLL CALL succeeding legislative day of the Senate, he would move to reconsider the vote by which the bill failed to pass. The roll was called with the following result:

HOUSE BILL NO. 1179— YEAS BY REPRESENTATIVE FARRAR AN ACT Bajoie Fontenot Lentini To amend and reenact R.S. 30:2057(B)(5), to provide authority for Barham Gautreaux Michot municipalities of less than five thousand persons to burn trees, Boissiere Heitmeier Mount brush, grass, or other vegetable matter within their corporate Campbell Hines Romero limits; and to provide for related matters. Chaisson Hollis Smith Dardenne Hoyt Theunissen The bill was read by title. Senator Ellington moved the final Dean Jones, B Thomas passage of the bill. Dupre Jones, C Ullo Ellington Lambert ROLL CALL Total—26 NAYS The roll was called with the following result: Fields, C Fields, W Marionneaux YEAS Total—3 ABSENT Bajoie Fields, W Lambert Barham Fontenot Marionneaux Mr. President Irons Schedler Boissiere Gautreaux McPherson Bean Johnson Tarver Campbell Heitmeier Michot Cain Malone Chaisson Hines Mount Cravins McPherson Dardenne Hollis Romero Total—10 Dean Hoyt Smith Dupre Irons Theunissen The Chair declared the bill was passed. The title was read and Ellington Jones, B Thomas adopted. Senator Boissiere moved to reconsider the vote by which Fields, C Jones, C Ullo the bill was passed and laid the motion on the table. Total—30 NAYS HOUSE BILL NO. 1318— BY REPRESENTATIVE DAMICO Total—0 AN ACT ABSENT To amend and reenact R.S. 30:2503(A)(2)(a), relative to the Louisiana Environmental Education Commission; to provide relative to Mr. President Cravins Malone membership on the commission; and to provide for related Bean Johnson Schedler matters. Cain Lentini Tarver Total—9 The bill was read by title. Senator Fontenot moved the final passage of the bill. The Chair declared the bill was passed. The title was read and adopted. Senator Ellington moved to reconsider the vote by which ROLL CALL the bill was passed and laid the motion on the table. The roll was called with the following result: HOUSE BILL NO. 1305— BY REPRESENTATIVE BRUNEAU YEAS AN ACT To amend and reenact R.S. 18:402(D) and 514 and R.S. 44:201.1 and Bajoie Fields, C Lambert 231.1, relative to the offices of recorder of mortgages and register Barham Fields, W Lentini of conveyances for the parish of Orleans; to provide that the Boissiere Fontenot Marionneaux elections for the offices of recorder of mortgages and register of Cain Gautreaux Michot conveyances for the parish of Orleans shall be conducted at the Campbell Hines Mount regular congressional election; to provide for the beginning and Chaisson Hollis Romero ending of the terms for such offices; to provide for the extension Dardenne Hoyt Smith of the current terms for such offices; and to provide for related Dean Irons Theunissen matters. Page 38 SENATE 39th DAY'S PROCEEDINGS June 11, 2001

Dupre Jones, B Thomas Bajoie Fields, W Lentini Ellington Jones, C Ullo Barham Fontenot Marionneaux Total—30 Boissiere Gautreaux Michot NAYS Campbell Heitmeier Mount Chaisson Hines Romero Total—0 Cravins Hollis Smith ABSENT Dardenne Hoyt Theunissen Dean Irons Thomas Mr. President Heitmeier McPherson Dupre Jones, B Ullo Bean Johnson Schedler Ellington Jones, C Cravins Malone Tarver Fields, C Lambert Total—9 Total—31 NAYS The Chair declared the bill was passed. The title was read and adopted. Senator Fontenot moved to reconsider the vote by which Total—0 the bill was passed and laid the motion on the table. ABSENT

Mr. President in the Chair Mr. President Johnson Schedler Bean Malone Tarver HOUSE BILL NO. 1369— Cain McPherson BY REPRESENTATIVE FRITH Total—8 AN ACT To enact R.S. 15:712, relative to correctional facilities; to provide that The Chair declared the amended bill was passed. The title was citizens may request wardens or superintendents to intercept read and adopted. Senator Hoyt moved to reconsider the vote by mail from prisoners to those citizens; to provide for a limitation which the bill was passed and laid the motion on the table. of liability for wardens and superintendents for mail transmitted by prisoners; and to provide for related matters. HOUSE BILL NO. 1459— BY REPRESENTATIVE DONELON Floor Amendments Sent Up AN ACT To amend and reenact R.S. 14:102.5(C), relative to the crime of Senator Hoyt sent up floor amendments which were read. dogfighting; to increase the penalties for violations of that crime; and to provide for related matters. SENATE FLOOR AMENDMENTS The bill was read by title. Senator Dean moved the final passage Amendments proposed by Senator CFields to Engrossed House Bill of the bill. No. 1369 by Representative Frith ROLL CALL AMENDMENT NO. 1 On page 1, line 5, after "prisoners;" insert "to limit warden's The roll was called with the following result: authority;" YEAS AMENDMENT NO. 2 On page 2, after line 11, insert the following: "D. Notwithstanding Bajoie Fields, W Lentini the provisions of this Section, a warden or superintendent described Barham Fontenot Marionneaux in this Section shall be limited to the review of the name and address Boissiere Gautreaux McPherson shown on the outgoing mail for comparison to the list described in Campbell Hines Michot Subsection (A) of this Section, and shall not review, censor, or Chaisson Hollis Mount otherwise modify or tamper with the contents of such outgoing mail." Dardenne Hoyt Romero Dean Irons Smith On motion of Senator Hoyt, the amendments were adopted. Dupre Jones, B Theunissen Ellington Jones, C Thomas The bill was read by title. Senator Hoyt moved final passage of Fields, C Lambert Ullo the amended bill. Total—30 NAYS ROLL CALL Total—0 The roll was called with the following result: ABSENT

YEAS Mr. President Cravins Malone Bean Heitmeier Schedler 39th DAY'S PROCEEDINGS Page 39 SENATE June 11, 2001

Cain Johnson Tarver the Motor Fuels Underground Storage Tank Fund; to provide Total—9 definitions; to provide for response actions and response action contractors; to provide for expenditure of funds; to provide for The Chair declared the bill was passed. The title was read and remediation, indemnification, and liability; to provide for adopted. Senator Dean moved to reconsider the vote by which the financial responsibility; to provide for the composition of the bill was passed and laid the motion on the table. advisory board; and to provide for related matters.

HOUSE BILL NO. 1482— The bill was read by title. Senator Fontenot moved the final BY REPRESENTATIVE DAMICO passage of the bill. AN ACT To amend and reenact R.S. 49:191(13) and to repeal R.S. ROLL CALL 49:191(11)(h), relative to the Department of Environmental Quality; to provide for the re-creation of the Department of The roll was called with the following result: Environmental Quality and the statutory entities made a part of the department by law; to provide for the effective termination YEAS date for all statutory authority for the existence of such statutory entities; and to provide for related matters. Bajoie Fields, W Lentini Barham Fontenot McPherson The bill was read by title. Senator Fontenot moved the final Boissiere Gautreaux Michot passage of the bill. Campbell Heitmeier Mount Chaisson Hines Romero ROLL CALL Cravins Hollis Smith Dardenne Hoyt Theunissen The roll was called with the following result: Dean Irons Thomas Dupre Jones, B Ullo YEAS Ellington Jones, C Fields, C Lambert Bajoie Fields, W Marionneaux Total—31 Barham Fontenot McPherson NAYS Boissiere Gautreaux Michot Campbell Hines Mount Total—0 Chaisson Hollis Romero ABSENT Cravins Hoyt Smith Dardenne Irons Theunissen Mr. President Johnson Schedler Dean Jones, B Thomas Bean Malone Tarver Dupre Jones, C Ullo Cain Marionneaux Ellington Lambert Total—8 Fields, C Lentini Total—31 The Chair declared the bill was passed. The title was read and NAYS adopted. Senator Fontenot moved to reconsider the vote by which the bill was passed and laid the motion on the table. Total—0 ABSENT HOUSE BILL NO. 1497— BY REPRESENTATIVES PINAC, FRITH, AND THOMPSON Mr. President Heitmeier Schedler AN ACT Bean Johnson Tarver To amend and reenact R.S. 3:3370(A), relative to standard contracts Cain Malone for termite protection; to provide for the form of the contract; Total—8 to provide for the transfer of such contracts; and to provide for related matters. The Chair declared the bill was passed. The title was read and adopted. Senator Fontenot moved to reconsider the vote by which The bill was read by title. Senator Smith moved the final the bill was passed and laid the motion on the table. passage of the bill.

Senator Lambert in the Chair ROLL CALL

HOUSE BILL NO. 1483— The roll was called with the following result: BY REPRESENTATIVE DAMICO AN ACT YEAS To amend and reenact R.S. 30:2194(B), 2195.2(A)(1)(c)(i), (2), and (5), 2195.3(A)(10), 2195.8(B), and 2195.9(A) and to repeal R.S. Barham Fields, W Lentini 30:2195.2(B)(1)(c), relative to underground storage tanks and Page 40 SENATE 39th DAY'S PROCEEDINGS June 11, 2001

Boissiere Fontenot Marionneaux "(2) Any facility required to pay a fee pursuant to this Section Campbell Gautreaux McPherson and any retail gas station exempt from reporting pursuant to R.S. Chaisson Hines Michot 30:2370 shall not be required to pay an additional fee to the Cravins Hollis Mount committee other than the fees already imposed by the local Dardenne Hoyt Romero emergency planning committee for the collection of information Dean Irons Smith required by this Chapter. As to each and every fee paid to the state Dupre Jones, B Theunissen emergency planning authority by any facility subject to this Section, Ellington Jones, C Thomas other than retail gas stations exempt from reporting pursuant to R.S. Fields, C Lambert Ullo 30:2370, the state emergency planning authority shall remit ten Total—30 percent of the amount of the total fee collected to the local emergency NAYS planning committee established pursuant to this Section in the parish in which the fee was assessed and collected. Total—0 ABSENT (3) Each local emergency planning committee receiving funds pursuant to this Section shall utilize such funds only for performing Mr. President Cain Malone the services required in this Chapter and the Superfund Amendments Bajoie Heitmeier Schedler and Reauthorization Act of 1986, Title III, 42 U.S.C. 11022. Bean Johnson Tarver Total—9 (3)(4) In the case of owners or operators reporting facilities with numbers of hazardous materials referenced above at multiple The Chair declared the bill was passed. The title was read and locations throughout the state, no owner or operator shall be assessed adopted. Senator Smith moved to reconsider the vote by which the total annual fees, pursuant to this Section, in excess of more than two bill was passed and laid the motion on the table. thousand dollars.

HOUSE BILL NO. 1556— (4)(5) The annual per facility for small businesses as defined in BY REPRESENTATIVES KENNARD AND DURAND this Chapter shall not exceed twenty-five dollars each for the state AN ACT and any local emergency planning committee provided herein. To amend and reenact R.S. 30:2373(D)(2) and (E)(2) and 2374(B)(1), relative to the Hazardous Materials Information Development, Section 2. R.S. 30:2368(D) is hereby repealed in its entirety." Preparedness and Response Act; provides additional persons who may be subject to civil penalties for violations; provides On motion of Senator Fontenot, the amendments were adopted. applicable penalties; provides for reduction in certain fees; provides an extension date for certain fees; and to provide for The bill was read by title. Senator Fontenot moved final passage related matters. of the amended bill.

Floor Amendments Sent Up ROLL CALL

Senator Fontenot sent up floor amendments which were read. The roll was called with the following result:

SENATE FLOOR AMENDMENTS YEAS

Amendments proposed by Senator Fontenot to Reengrossed House Barham Fields, W McPherson Bill No. 1556 by Representative Kennard Boissiere Fontenot Michot Campbell Gautreaux Mount AMENDMENT NO. 1 Chaisson Hollis Romero Delete amendments adopted by the Committee on Environmental Cravins Hoyt Smith Quality on May 22, 2001. Dardenne Irons Theunissen Dean Jones, B Thomas AMENDMENT NO. 2 Dupre Jones, C Ullo On page 1, line 2, after "2374(B)" delete "(1)" and insert a comma "," Ellington Lambert and insert "to enact R.S. 30:2374(B)(5), and to repeal R.S. Fields, C Lentini 30:2368(D)" Total—28 NAYS AMENDMENT NO. 4 On page 1, line 9, after "2374(B)" delete "(1)" and on line 10, after Total—0 "reenacted" insert a comma "," and insert "R.S. 30:2374(B)(5) is ABSENT hereby enacted and R.S. 30:2368(D) is hereby repealed." Mr. President Heitmeier Marionneaux AMENDMENT NO. 5 Bajoie Hines Schedler On page 3, delete line 2, and insert the following: Bean Johnson Tarver 39th DAY'S PROCEEDINGS Page 41 SENATE June 11, 2001

Cain Malone proceedings; to provide relative to conflict of interests; and to Total—11 provide for related matters.

The Chair declared the amended bill was passed. The title was On motion of Senator Lambert, the bill was read by title and read and adopted. Senator Fontenot moved to reconsider the vote by returned to the Calendar, subject to call. which the bill was passed and laid the motion on the table. HOUSE BILL NO. 1635— HOUSE BILL NO. 1579— BY REPRESENTATIVE HOPKINS AND SENATOR BOISSIERE BY REPRESENTATIVE DAMICO AN ACT AN ACT To amend and reenact R.S. 27:304, relative to a video poker gaming To amend and reenact R.S. 30:2418(I) and to enact R.S. 30:2412(4.1), device licensee; to authorize advertisements or participation in (5.2), and (6.1), relative to waste tires and the Waste Tire certain promotions; and to provide for related matters. Management Fund; to provide definitions; to provide fees to be levied on the sale of new tires; to provide size classifications of On motion of Senator Boissiere, the bill was read by title and tires; and to provide for related matters. returned to the Calendar, subject to call.

The bill was read by title. Senator Fontenot moved the final HOUSE BILL NO. 1648— passage of the bill. BY REPRESENTATIVE TOWNSEND AN ACT ROLL CALL To amend and reenact R.S. 26:80(A)(4) and 280(A)(4), relative to alcoholic beverages permits, to provide for qualifications for applicants; and to provide for related matters. The roll was called with the following result:

YEAS Floor Amendments Sent Up

Barham Fontenot Marionneaux Senator Lentini sent up floor amendments which were read. Boissiere Gautreaux McPherson Campbell Heitmeier Michot SENATE FLOOR AMENDMENTS Chaisson Hines Mount Cravins Hollis Romero Amendments proposed by Senator Lentini to Engrossed House Bill Dardenne Hoyt Smith No. 1648 by Representative Townsend Dean Irons Theunissen Dupre Jones, B Thomas AMENDMENT NO. 1 Ellington Jones, C Ullo On page 1, line 2, after "280(A)(4)" add "and (C) and to enact R.S. Fields, C Lambert 26:80(C)(3)" Fields, W Lentini Total—31 AMENDMENT NO. 2 NAYS On page1, line 6, after "280(A)(4)" add "and (C)"

Total—0 AMENDMENT NO. 3 ABSENT On page 1, line 7, after "reenacted" add "and R.S. 26:80(C)(3) is hereby enacted" Mr. President Cain Schedler Bajoie Johnson Tarver AMENDMENT NO. 4 Bean Malone On page 1, after line 17, add the following: Total—8 C. * * * The Chair declared the bill was passed. The title was read and adopted. Senator Fontenot moved to reconsider the vote by which (3) Notwithstanding any other provisions of law to the contrary, the bill was passed and laid the motion on the table. the commissioner may accept from a publicly traded corporation, other than any gaming entity regulated under the provisions of R.S. HOUSE BILL NO. 1602— 27:20, et seq., R.S. 27:41, et seq., or R.S. 27:301, et seq., the BY REPRESENTATIVE MCMAINS necessary documentation of those persons described in Subsection D AN ACT of this Section and three officers of the corporation in full satisfaction To amend and reenact Children's Code Articles 1124(B) and (C), of the requirements of this Section. 1137(D), 1138(C) and (E), and 1139(A) and to enact Children's Code Article 1180(C) and R.S. 46:1402.1, relative to adoptions; * * *" to provide for service of notice of opposition to adoption; to provide for the presentation of evidence; to provide for the form AMENDMENT NO. 5 of certain affidavits; to provide for the jurisdiction for adoption On page 2, after line 10, add the following: Page 42 SENATE 39th DAY'S PROCEEDINGS June 11, 2001

"C.(1) If the applicant is a corporation or a limited liability A. No wholesale dealer shall sell, offer to sell, or deliver any company, all officers and directors and all stockholders or members tobacco product to any retail dealer in this state, and no retail dealer owning in the aggregate more than five percent of the stock or of the in tobacco products shall buy or accept delivery for any such membership interest in a limited liability company and the person or product, for any consideration other than cash or on terms requiring persons who shall conduct or manage the business shall possess the payment not later than the thirtieth day following that on which qualifications required of an applicant and shall furnish their federal actual delivery is made. If any payment is not made punctually identification number, their Louisiana Department of Revenue when due the vendor shall immediately notify the commissioner business account number, their social security number, and their thereof and the commissioner shall promptly notify all wholesale correct home address. The requirements as to citizenship and dealers in the state of the default and thereafter no person shall sell residence do not apply to officers, directors, and stockholders of any tobacco product to the retailer in default on any other terms than corporations or members of limited liability companies. The cash delivery, until otherwise authorized by the commissioner. corporation or limited liability company shall be either organized Under penalty of suspension of his permit, the retailer who is in under the laws of the state of Louisiana or qualified to do business default shall pay his obligation in full within ten days from the date within the state of Louisiana. it became due. B. Whoever violates any of the provisions of this Section may (2) Notwithstanding any other provisions of law to the have his license suspended for not more than five days for the first contrary, the commissioner may accept from a publicly traded offense and not more than thirty days for a subsequent offense. Each corporation, other than any gaming entity regulated under the failure of a retail dealer to make payment for any default before the provisions of R.S. 27:20, et seq., R.S. 27:41, et seq., or R.S. 27:301, expiration of the period of suspension constitutes a subsequent et seq., the necessary documentation of those persons described in offense. In addition, the retail dealer may be required to make Subsection D of this Section and three officers of the corporation in payment in cash for all tobacco products subsequently sold or full satisfaction of the requirements of this Section. delivered to him. C. The commissioner shall make and publish rules and * * * regulations for the enforcement of this Section." Section 2. This Act shall become effective upon signature by the governor or, if not signed by the governor, upon expiration of the time On motion of Senator McPherson, the amendments were for bills to become law without signature by the governor, as adopted. provided by Article III, Section 18 of the Constitution of Louisiana. If vetoed by the governor and subsequently approved by the On motion of Senator Lentini, the amended bill was read by title legislature, this Act shall become effective on the day following such and returned to the Calendar, subject to call. approval." HOUSE BILL NO. 1662— On motion of Senator Lentini, the amendments were adopted. BY REPRESENTATIVE LANDRIEU AN ACT Floor Amendments Sent Up To amend and reenact R.S. 35:336(A) and 337(B), relative to notaries public and commissioners; to provide for the appointment of one deputy by the custodian of notarial records; to provide for Senator McPherson sent up floor amendments which were read. the preservation of records and documents; to provide for the dedication of certain fees; and to provide for related matters. SENATE FLOOR AMENDMENTS The bill was read by title. Senator Hainkel moved the final Amendments proposed by Senator McPherson to Engrossed House passage of the bill. Bill No. 1648 by Representative Townsend

AMENDMENT NO. 1 ROLL CALL On page 1, line 2, after "280(A)(4)," insert "and to enact R.S. 26:911.1, relative to alcohol and beverage control, to provide" The roll was called with the following result:

AMENDMENT NO. 2 YEAS On page 1, line 3, after "applicants" insert "of permits; to provide for certain cash or short-term credit sales of certain tobacco products" Mr. President Fields, C Lambert Bajoie Fields, W Lentini AMENDMENT NO. 3 Barham Fontenot Marionneaux On page 1, line 7, after "reenacted" insert "and R.S. 26:911.1 is Boissiere Gautreaux Michot hereby enacted" Campbell Heitmeier Mount Chaisson Hines Romero AMENDMENT NO. 4 Cravins Hollis Smith On page 2, after line 10, insert the following: Dardenne Hoyt Theunissen Dean Irons Thomas "§911.1. Cash or short-term credit sales only; timely payment; Dupre Jones, B Ullo penalty for violation Ellington Jones, C 39th DAY'S PROCEEDINGS Page 43 SENATE June 11, 2001

Total—32 penalty of suspension of his permit, the retailer who is in default NAYS shall pay his obligation in full within ten days from the date it became due. Total—0 B. Whoever violates any of the provisions of this Section may ABSENT have his license suspended for not more than two days for the first offense and not more than ten days for a subsequent offense. Each Bean Malone Tarver failure of a retail dealer to make payment for any default before the Cain McPherson expiration of the period of suspension constitutes a subsequent Johnson Schedler offense. In addition, the retail dealer may be required to make Total—7 payment in cash for all tobacco products subsequently sold or delivered to him. The Chair declared the bill was passed. The title was read and C. The commissioner shall make and publish rules and adopted. Senator Hainkel moved to reconsider the vote by which the regulations for the enforcement of this Section." bill was passed and laid the motion on the table. On motion of Senator McPherson, the amendments were HOUSE BILL NO. 1682— adopted. BY REPRESENTATIVE TOWNSEND AN ACT The bill was read by title. Senator Lentini moved final passage To enact R.S. 26:71.1(1)(g), (h), and (i) and 271.2(1)(g), (h), and (i), of the amended bill. relative to permits for alcoholic beverages; to provide requirements for Class A-General retail permits; and to provide ROLL CALL for related matters. The roll was called with the following result: Floor Amendments Sent Up YEAS Senator McPherson sent up floor amendments which were read. Bajoie Fields, C Lambert SENATE FLOOR AMENDMENTS Barham Fields, W Lentini Boissiere Fontenot Marionneaux Amendments proposed by Senator McPherson to Engrossed House Campbell Gautreaux Michot Bill No. 1682 by Representative Townsend Chaisson Hines Mount Cravins Hollis Romero AMENDMENT NO. 1 Dardenne Hoyt Smith On page 1, line 2, before "relative" insert "and 911.1, relative to Dean Irons Theunissen alcohol and tobacco control, to provide" Dupre Jones, B Thomas Ellington Jones, C Ullo AMENDMENT NO. 2 Total—30 On page 1, line 4, after "permits;" insert "to provide for certain cash NAYS or short-term credit sales of certain tobacco products;" Total—0 AMENDMENT NO. 3 ABSENT On page 1, line 7, before "are" insert ", and 911.1" Mr. President Heitmeier McPherson AMENDMENT NO. 4 Bean Johnson Schedler On page 2, after line 25, insert the following: Cain Malone Tarver Total—9 "§911.1. Cash or short-term credit sales only; timely payment; penalty for violation The Chair declared the amended bill was passed. The title was read and adopted. Senator Lentini moved to reconsider the vote by A. No wholesale dealer shall sell, offer to sell, or deliver any which the bill was passed and laid the motion on the table. tobacco product to any retail dealer in this state, and no retail dealer in tobacco products shall buy or accept delivery for any such HOUSE BILL NO. 1788— product, for any consideration other than cash or on terms requiring BY REPRESENTATIVE RIDDLE payment not later than the thirtieth day following that on which AN ACT actual delivery is made. If any payment is not made punctually when To amend and reenact Code of Civil Procedure Article 3061, relative due the vendor shall immediately notify the commissioner thereof and to a judgment of possession; to require the judgment to include the commissioner shall promptly notify all wholesale dealers in the the names and addresses of the heirs or legatees and surviving state of the default and thereafter no person shall sell any tobacco spouse; and to provide for related matters. product to the retailer in default on any other terms than cash delivery, until otherwise authorized by the commissioner. Under Page 44 SENATE 39th DAY'S PROCEEDINGS June 11, 2001

The bill was read by title. Senator Chaisson moved the final Dupre Irons Theunissen passage of the bill. Ellington Jones, B Thomas Fields, C Jones, C Ullo ROLL CALL Total—30 NAYS The roll was called with the following result: Total—0 YEAS ABSENT

Bajoie Fields, W Lentini Mr. President Cravins McPherson Barham Fontenot Marionneaux Bean Johnson Schedler Boissiere Gautreaux Michot Cain Malone Tarver Campbell Heitmeier Mount Total—9 Chaisson Hines Romero Cravins Hollis Smith The Chair declared the bill was passed. The title was read and Dardenne Hoyt Theunissen adopted. Senator Dardenne moved to reconsider the vote by which Dean Irons Thomas the bill was passed and laid the motion on the table. Dupre Jones, B Ullo Ellington Jones, C HOUSE BILL NO. 1913— BY REPRESENTATIVES STRAIN, BAUDOIN, BRUCE, R. CARTER, Fields, C Lambert CAZAYOUX, DEVILLIER, DURAND, FRITH, FRUGE, HILL, ILES, KENNEY, Total—31 LAFLEUR, MORRISH, NEVERS, JACK SMITH, AND THOMPSON NAYS AN ACT To amend and reenact R.S. 3:2097, relative to diseases of animals and Total—0 unsanitary animal products; to provide definitions; to provide ABSENT for the unlawful transport of certain diseased animals and adulterated meat; to provide for civil penalties; to provide for Mr. President Johnson Schedler criminal penalties; and to provide for related matters. Bean Malone Tarver Cain McPherson The bill was read by title. Senator Thomas moved the final Total—8 passage of the bill.

The Chair declared the bill was passed. The title was read and ROLL CALL adopted. Senator Chaisson 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. 1793— YEAS BY REPRESENTATIVE RIDDLE AN ACT Bajoie Fontenot Lentini To enact R.S. 9:2801.1, relative to the partition of community Barham Gautreaux Marionneaux property interests in federal or state statutory pension or Boissiere Heitmeier McPherson retirement plans; to provide for the allocation and assignment of Chaisson Hines Michot ownership of certain community property; and to provide for Cravins Hollis Mount related matters. Dardenne Hoyt Romero Dean Irons Smith The bill was read by title. Senator Dardenne moved the final Dupre Jones, B Theunissen passage of the bill. Ellington Jones, C Ullo Fields, W Lambert ROLL CALL Total—29 NAYS The roll was called with the following result: Total—0 YEAS ABSENT

Bajoie Fields, W Lambert Mr. President Fields, C Tarver Barham Fontenot Lentini Bean Johnson Thomas Boissiere Gautreaux Marionneaux Cain Malone Campbell Heitmeier Michot Campbell Schedler Chaisson Hines Mount Total—10 Dardenne Hollis Romero Dean Hoyt Smith 39th DAY'S PROCEEDINGS Page 45 SENATE June 11, 2001

The Chair declared the bill was passed. The title was read and Cravins Hines Mount adopted. Senator Thomas moved to reconsider the vote by which the Dardenne Hollis Romero bill was passed and laid the motion on the table. Dean Hoyt Smith Dupre Irons Theunissen HOUSE BILL NO. 1925— Ellington Jones, B Ullo BY REPRESENTATIVE DAMICO Total—30 AN ACT NAYS To amend and reenact R.S. 30:2040, R.S. 37:3155, and 3156(A) and to repeal R.S. 37:3151(6), relative to commercial solid waste Total—0 disposal facilities; to provide that the Department of ABSENT Environmental Quality shall classify commercial solid waste disposal facilities; to provide that the department shall Mr. President Johnson Schedler determine the number of certified operators at such facilities; to Bean Malone Tarver prohibit the siting of certain solid or hazardous waste facilities Cain McPherson Thomas within certain parishes; and to provide for related matters. Total—9

Floor Amendments Sent Up The Chair declared the amended bill was passed. The title was read and adopted. Senator Fontenot moved to reconsider the vote by Senator Fontenot sent up floor amendments which were read. which the bill was passed and laid the motion on the table.

SENATE FLOOR AMENDMENTS HOUSE BILL NO. 1971— BY REPRESENTATIVES GARY SMITH AND PINAC Amendments proposed by Senator Fontenot to Reengrossed House AN ACT Bill No. 1925 by Representative Damico To enact R.S. 47:843(D)(4) and 865(C)(3)(c), relative to tobacco products; to provide that certain activities relative to cigarettes AMENDMENT NO. 1 shall be unlawful; to provide for the seizure, sale, and On page 1, line 2, delete "R.S. 30:2040" destruction of cigarettes; to provide for filing of injunctive actions; to provide for an effective date; and to provide for AMENDMENT NO. 2 related matters. On page 1, line 7 and 8, delete "to prohibit the siting of certain solid or hazardous waste facilities within certain parishes;" The bill was read by title. Senator Lentini moved the final passage of the bill. AMENDMENT NO. 3 On page 1, delete lines 13 and 14. ROLL CALL

AMENDMENT NO. 4 The roll was called with the following result: On page 2, delete lines 1 through 22. YEAS AMENDMENT NO. 5 On page 2, line 23, change "Section 2." to "Section 1." Bajoie Fields, C Lentini Barham Fields, W Marionneaux AMENDMENT NO. 6 Boissiere Gautreaux Michot On page 4, line 4, change "Section 3." to "Section 2." Campbell Heitmeier Mount Chaisson Hines Romero On motion of Senator Fontenot, the amendments were adopted. Cravins Hollis Smith Dardenne Hoyt Theunissen The bill was read by title. Senator Fontenot moved final passage Dean Irons Thomas of the amended bill. Dupre Jones, C Ullo Ellington Lambert ROLL CALL Total—29 NAYS The roll was called with the following result: Total—0 YEAS ABSENT

Bajoie Fields, C Jones, C Mr. President Johnson Schedler Barham Fields, W Lambert Bean Jones, B Tarver Boissiere Fontenot Lentini Cain Malone Campbell Gautreaux Marionneaux Fontenot McPherson Chaisson Heitmeier Michot Total—10 Page 46 SENATE 39th DAY'S PROCEEDINGS June 11, 2001

ROLL CALL The Chair declared the bill was passed. The title was read and adopted. Senator Lentini 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. 2038— BY REPRESENTATIVE PERKINS Bajoie Fields, W Lentini AN ACT Barham Fontenot Marionneaux To enact R.S. 14:44.2, relative to the crime of aggravated kidnapping; Boissiere Gautreaux McPherson to create the crime of aggravated kidnapping of a child; to Campbell Heitmeier Michot provide for penalties; and to provide for related matters. Chaisson Hines Mount Cravins Hollis Romero The bill was read by title. Senator Fontenot moved the final Dardenne Hoyt Smith passage of the bill. Dean Irons Thomas Dupre Jones, B Ullo ROLL CALL Ellington Jones, C Fields, C Lambert The roll was called with the following result: Total—31 NAYS YEAS Theunissen Bajoie Fields, W Lentini Total—1 Barham Fontenot Marionneaux ABSENT Boissiere Gautreaux Michot Campbell Heitmeier Mount Mr. President Johnson Tarver Chaisson Hines Romero Bean Malone Cravins Hollis Smith Cain Schedler Dardenne Hoyt Theunissen Total—7 Dean Irons Thomas Dupre Jones, B Ullo The Chair declared the bill was passed. The title was read and Ellington Jones, C adopted. Senator Irons moved to reconsider the vote by which the Fields, C Lambert bill was passed and laid the motion on the table. Total—31 NAYS Rules Suspended

Total—0 Senator Hollis asked for and obtained a suspension of the rules ABSENT for the purpose of reverting to the Morning Hour. Mr. President Johnson Schedler Bean Malone Tarver Appointment of Conference Committee Cain McPherson on Senate Bill No. 704 Total—8 The President of the Senate appointed the following members to The Chair declared the bill was passed. The title was read and confer with a like committee from the House for the purpose of adopted. Senator Fontenot moved to reconsider the vote by which considering the disagreement on Senate Bill No. 704: Senators the bill was passed and laid the motion on the table. Fontenot, Hollis and Michot.

HOUSE BILL NO. 2062 (Substitute for House Bill No. 1699 Appointment of Conference Committee by Representative Schwegmann)— on Senate Bill No. 501 BY REPRESENTATIVE SCHWEGMANN AN ACT The President of the Senate appointed the following members to To enact R.S. 3:2364 and R.S. 36:4(V), relative to animals; to provide confer with a like committee from the House for the purpose of definitions; to create the Louisiana Animal Welfare Commission; considering the disagreement on Senate Bill No. 501: Senators to provide for membership of the commission; to provide for the Fontenot, Heitmeier and Theunissen. power and authority of the commission; to create the Louisiana Animal Welfare Fund; and to provide for related matters. Appointment of Conference Committee The bill was read by title. Senator Irons moved the final passage on Senate Bill No. 239 of the bill. The President of the Senate appointed the following members to confer with a like committee from the House for the purpose of 39th DAY'S PROCEEDINGS Page 47 SENATE June 11, 2001 considering the disagreement on Senate Bill No. 239: Senators C. HOUSE BILL NO. 154— Jones, Cravins and Hainkel. BY REPRESENTATIVE R. CARTER AN ACT Appointment of Conference Committee To amend and reenact R.S. 11:1763(F)(2), relative to the Municipal Employees' Retirement System; to provide with respect to the on Senate Bill No. 560 Deferred Retirement Option Plan; to provide with respect to the beginning date for payment of interest on a member's Deferred The President of the Senate appointed the following members to Retirement Option Plan account; to provide an effective date; confer with a like committee from the House for the purpose of and to provide for related matters. considering the disagreement on Senate Bill No. 560: Senators Hines, Schedler and Bean. Reported favorably.

Appointment of Conference Committee HOUSE BILL NO. 529— on Senate Bill No. 730 BY REPRESENTATIVE WELCH AN ACT The President of the Senate appointed the following members to To amend and reenact R.S. 11:542(C)(4) and 883.1(C)(4), relative to confer with a like committee from the House for the purpose of the Louisiana State Employees' Retirement System and the considering the disagreement on Senate Bill No. 730: Senators Hines, Teachers' Retirement System; to provide with respect to the Schedler and Chaisson. payment of cost-of-living adjustments and the criteria used for determining eligibility therefor; to provide an effective date; and Appointment of Conference Committee to provide for related matters. on Senate Bill No. 221 Reported favorably. The President of the Senate appointed the following members to HOUSE BILL NO. 1205— confer with a like committee from the House for the purpose of BY REPRESENTATIVE DANIEL considering the disagreement on Senate Bill No. 221: Senators Hines, AN ACT Ullo and Theunissen. To amend and reenact R.S. 11:2178(K)(1), relative to the Sheriffs' Pension and Relief Fund; to provide with respect to cost-of- Reports of Committees living adjustments, the maximum limit applicable to monthly adjustments to increase the minimum monthly adjustment The following reports of committees were received and read: payable; to provide an effective date; and to provide for related matters. REPORT OF COMMITTEE ON Reported favorably. RETIREMENT HOUSE BILL NO. 1821— Senator Boissiere, Chairman on behalf of the Committee on BY REPRESENTATIVE CROWE Retirement, submitted the following report: AN ACT To enact R.S. 11:1755(E), relative to the Municipal Employees' June 11, 2001 Retirement System; to provide with respect to service credit, including but not limited to the conversion of certain unused To the President and Members of the Senate: earned annual and sick leave to retirement credit on the basis of an established conversion formula; to provide an effective date; I am directed by your Committee on Retirement to submit the and to provide for related matters. following report: Reported with amendments. HOUSE BILL NO. 110— BY REPRESENTATIVE CURTIS Respectfully submitted, AN ACT LAMBERT BOISSIERE, JR. To amend and reenact R.S. 11:788(B), relative to the Teachers' Chairman Retirement System; to provide with respect to the Deferred Retirement Option Plan and lump sum distributions made from House Bills and Joint Resolutions the Deferred Retirement Option Plan Account; to provide with on Second Reading respect to the redeposit of monies into the system's fund; to Reported by Committees provide an effective date; and to provide for related matters. Senator Boissiere asked for and obtained a suspension of the Reported favorably. rules to take up at this time the following House Bills and Joint Resolutions just reported by Committees. Page 48 SENATE 39th DAY'S PROCEEDINGS June 11, 2001

HOUSE BILL NO. 110— an established conversion formula; to provide an effective date; BY REPRESENTATIVE CURTIS and to provide for related matters. AN ACT To amend and reenact R.S. 11:788(B), relative to the Teachers' Reported with amendments by the Committee on Retirement. Retirement System; to provide with respect to the Deferred Retirement Option Plan and lump sum distributions made from SENATE COMMITTEE AMENDMENTS the Deferred Retirement Option Plan Account; to provide with respect to the redeposit of monies into the system's fund; to Amendments proposed by Senate Committee on Retirement to provide an effective date; and to provide for related matters. Engrossed House Bill No. 1821 by Representative Crowe

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 3, line 15, delete "annual" read by title and referred to the Legislative Bureau. AMENDMENT NO. 2 HOUSE BILL NO. 154— On page 3, line 16, after "shall be paid" insert "to the board" BY REPRESENTATIVE R. CARTER AN ACT To amend and reenact R.S. 11:1763(F)(2), relative to the Municipal AMENDMENT NO. 3 Employees' Retirement System; to provide with respect to the On page 3, line 17, between "member" and "." insert "within thirty Deferred Retirement Option Plan; to provide with respect to the days of the date that the member retires" beginning date for payment of interest on a member's Deferred Retirement Option Plan account; to provide an effective date; On motion of Senator Boissiere, the committee amendment was and to provide for related matters. 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 Reported favorably by the Committee on Retirement. Under the Legislative Bureau. provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was read by title and referred to the Legislative Bureau. Rules Suspended

HOUSE BILL NO. 529— Senator McPherson asked for and obtained a suspension of the BY REPRESENTATIVE WELCH rules for the purpose of taking up at this time. AN ACT To amend and reenact R.S. 11:542(C)(4) and 883.1(C)(4), relative to Senate Bills and Joint Resolutions on the Louisiana State Employees' Retirement System and the Third Reading and Final Passage, Teachers' Retirement System; to provide with respect to the Subject to Call payment of cost-of-living adjustments and the criteria used for determining eligibility therefor; to provide an effective date; and The following Senate Bills and Joint Resolutions on third reading to provide for related matters. and final passage, subject to call, were taken up and acted upon as follows: Reported favorably by the Committee on Retirement. The bill was read by title and recommitted to the Committee on Finance. Called from the Calendar HOUSE BILL NO. 1205— BY REPRESENTATIVE DANIEL Senator McPherson asked that Senate Bill No. 141 be called AN ACT from the Calendar at this time. To amend and reenact R.S. 11:2178(K)(1), relative to the Sheriffs' Pension and Relief Fund; to provide with respect to cost-of- SENATE BILL NO. 141— living adjustments, the maximum limit applicable to monthly BY SENATOR MCPHERSON adjustments to increase the minimum monthly adjustment A JOINT RESOLUTION payable; to provide an effective date; and to provide for related Proposing to amend Article X, Section 20 of the Constitution of matters. Louisiana, relative to municipal fire and police civil service; to remove certain prohibitions against political activity by Reported favorably by the Committee on Retirement. The bill members of the municipal fire and police civil service; to was read by title and recommitted to the Committee on Revenue and authorize political activities by members of municipal fire and Fiscal Affairs. police civil service; to prohibit solicitation of contributions for political purposes from any member of the municipal fire and HOUSE BILL NO. 1821— police civil service; to prohibit the punishment or coercion of BY REPRESENTATIVE CROWE any member in the classified service of the municipal fire and AN ACT police civil service to influence his vote or other political To enact R.S. 11:1755(E), relative to the Municipal Employees' activity; to prescribe penalties for violations; and to specify an Retirement System; to provide with respect to service credit, election for submission of the proposition to electors and including but not limited to the conversion of certain unused provide a ballot proposition. earned annual and sick leave to retirement credit on the basis of 39th DAY'S PROCEEDINGS Page 49 SENATE June 11, 2001

On motion of Senator McPherson, the bill was read by title and On motion of Senator B. Jones, the bill was read by title and withdrawn from the files of the Senate. withdrawn from the files of the Senate.

Called from the Calendar Called from the Calendar

Senator Ellington asked that Senate Bill No. 370 be called from Senator Bajoie asked that Senate Bill No. 805 be called from the the Calendar at this time. Calendar at this time.

SENATE BILL NO. 370— SENATE BILL NO. 805— BY SENATOR ELLINGTON BY SENATOR BAJOIE AN ACT AN ACT To enact Code of Civil Procedure Art. 1563 and Art. 1563.1, relative To amend and reenact Paragraph (P)(1) of Article XIV, Section 47 of to exemplary damages; to require the court to order separate the 1921 Constitution of Louisiana, as amended, continued as a trials on the issues of liability and damages; to require a statute pursuant to Article XIV, Section 16(A)(10) of the 1974 determination of cause in fact relative to the injury, loss or death Constitution of Louisiana, relative to the Louisiana Stadium and for compensatory damages; to require a specific determination Exposition District; to provide for the allocation and distribution of facts supporting a finding of wanton and reckless disregard of certain revenues of the district; and to provide for related for public safety in the handling, storing, or transporting of matters. certain hazardous or toxic substances; to provide for definitions; to provide for limitations on awards of exemplary damages; to On motion of Senator Bajoie, the bill was read by title and provide for a presumption of unreasonableness of certain awards withdrawn from the files of the Senate. of exemplary damages; to provide for exemplary damage award procedures; to provide relative to interest and suspensive Called from the Calendar appeals; to provide relative to civil actions, including class actions; to provide for effectiveness; and to provide for related Senator Cravins asked that Senate Bill No. 862 be called from the matters. Calendar at this time.

On motion of Senator Ellington, the bill was read by title and SENATE BILL NO. 862— withdrawn from the files of the Senate. BY SENATORS CRAVINS, IRONS AND DEAN AN ACT Called from the Calendar To enact R.S. 23:968, relative to employment; to provide with respect to interference with individual rights; to prohibit Senator Dardenne asked that Senate Bill No. 630 be called from discriminatory practices because of actual or perceived sexual the Calendar at this time. orientation; to provide for definitions; to provide for exemptions; and to provide for related matters. SENATE BILL NO. 630— BY SENATOR DARDENNE On motion of Senator Cravins, the bill was read by title and AN ACT withdrawn from the files of the Senate. To amend and reenact R.S. 32:295.1(E), relative to the failure to use safety belts; to provide that the failure to use a safety belt shall Called from the Calendar be used as evidence to determine comparative negligence, apportionment of fault, or mitigation of damages; and to provide Senator Irons asked that Senate Bill No. 1101 be called from the for related matters. Calendar at this time.

On motion of Senator Dardenne, the bill was read by title and SENATE BILL NO. 1101 (Substitute for Senate Bill 1092 by withdrawn from the files of the Senate. Senator Irons)— BY SENATOR IRONS Called from the Calendar AN ACT To amend and reenact R.S. 14:511, relative to loansharking; to Senator B. Jones asked that Senate Bill No. 657 be called from provide for determination of the crime of loansharking relative the Calendar at this time. to the imposition of certain fees and charges; to provide penalties for such determinations; to eliminate exemptions from SENATE BILL NO. 657— prosecution for loansharking for transactions related to banking BY SENATORS B. JONES, DARDENNE AND GAUTREAUX AND and civil law provisions; to provide for defenses to prosecution; REPRESENTATIVES LANCASTER, MONTGOMERY AND GARY SMITH and to provide for related matters. AN ACT To enact R.S. 47:296.2, relative to taxes; to provide for a rule to cease On motion of Senator Irons, the bill was read by title and business activity and suspend certain state-granted authority to withdrawn from the files of the Senate. do certain businesses for willful failure to pay certain assessments and judgments; and to provide for related matters. Page 50 SENATE 39th DAY'S PROCEEDINGS June 11, 2001

Recess Reports of Committees

On motion of Senator Lambert, the Senate took a recess until The following reports of committees were received and read: 1:30 o'clock P.M. REPORT OF COMMITTEE ON After Recess JUDICIARY B The Senate was called to order at 1:30 o'clock P.M. by the President of the Senate. Senator Cravins, Chairman on behalf of the Committee on Judiciary B, submitted the following report: ROLL CALL June 11, 2001 The roll being called, the following members answered to their names: To the President and Members of the Senate:

PRESENT I am directed by your Committee on Judiciary B to submit the following report: Mr. President Fields, W Malone Bajoie Fontenot Marionneaux HOUSE CONCURRENT RESOLUTION NO. 190— Barham Gautreaux McPherson BY REPRESENTATIVE JOHN SMITH AND SENATOR CAIN A CONCURRENT RESOLUTION Boissiere Heitmeier Michot To urge and request that the Department of Public Safety and Cain Hines Mount Corrections recognize, except at Louisiana State Penitentiary at Campbell Hollis Romero Angola, the certification training and licensing of corrections Chaisson Hoyt Schedler officers who have received that training at the Louisiana Cravins Irons Smith Technical College, Oakdale campus. Dardenne Johnson Tarver Dean Jones, B Theunissen Reported favorably. Dupre Jones, C Thomas Ellington Lambert Ullo HOUSE CONCURRENT RESOLUTION NO. 206— Fields, C Lentini BY REPRESENTATIVE MARTINY AND SENATOR CAIN Total—38 A CONCURRENT RESOLUTION ABSENT To urge and request the Department of Public Safety and Corrections to study the feasibility of transferring certain geriatric inmates Bean to private nursing homes. Total—1 Reported favorably. The President of the Senate announced there were 38 Senators present and a quorum. HOUSE BILL NO. 1042— BY REPRESENTATIVE WOOTON Senate Business Resumed AN ACT To amend and reenact R.S. 27:65(B)(11) and to enact R.S. 27:239.1, Senator Lambert in the Chair relative to the Louisiana Gaming Control Law; to provide that electronic cards can be used for making wagers on riverboats and Introduction of Senate Resolutions at the official gaming establishment; to provide with respect to the type of electronic cards which may be used; and to provide for related matters. Senator Lambert asked for and obtained a suspension of the rules for the purpose of introducing and reading the following Senate Reported with amendments. Resolutions a first and second time and acting upon them as follows: Respectfully submitted, SENATE RESOLUTION NO. 44— BY SENATOR MARIONNEAUX DONALD R. CRAVINS A RESOLUTION Chairman To urge and request that the United States Environmental Protection Agency assist in the investigation of vinyl chloride House Bills and Joint Resolutions contamination of the water system at the Myrtle Grove Trailer on Second Reading Park in the city of Plaquemine, parish of Iberville. Reported by Committees On motion of Senator Marionneaux, the resolution was read by title and adopted. 39th DAY'S PROCEEDINGS Page 51 SENATE June 11, 2001

Senator Cravins asked for and obtained a suspension of the rules On motion of Senator Cravins, the committee amendment was to take up at this time the following House Bills and Joint adopted. Under the provisions of Joint Rule No. 3 of the Rules of Resolutions just reported by Committees. the Senate, the amended bill was read by title and referred to the Legislative Bureau. HOUSE BILL NO. 1042— BY REPRESENTATIVE WOOTON Rules Suspended AN ACT To amend and reenact R.S. 27:65(B)(11) and to enact R.S. 27:239.1, Senator Cain asked for and obtained a suspension of the rules for relative to the Louisiana Gaming Control Law; to provide that the purpose of taking up at this time. electronic cards can be used for making wagers on riverboats and at the official gaming establishment; to provide with respect to the type of electronic cards which may be used; and to provide Senate Bills and Joint Resolutions for related matters. Returned from the House of Representatives with Amendments, Reported with amendments by the Committee on Judiciary B. Subject to Call

SENATE COMMITTEE AMENDMENTS The following Senate Bills and Joint Resolutions returned from the House of Representatives subject to call with amendments were Amendments proposed by Senate Committee on Judiciary B to taken up and acted upon as follows: Reengrossed House Bill No. 1042 by Representative Wooton Called from the Calendar AMENDMENT NO. 1 On page 1, line 2, after "239.1" and before the "," insert "and 361(F)" Senator Cain asked that Senate Bill No. 36 be called from the Calendar at this time. AMENDMENT NO. 2 On page 1, line 9, after "27:239.1" delete "is" and insert "and 361(F) SENATE BILL NO. 36— are" BY SENATORS CAIN AND ROMERO AN ACT AMENDMENT NO. 3 To amend and reenact R.S. 27:323(B)(2), relative to the Louisiana On page 1, at the end of line 17, after "chips," and before "or" insert Gaming Control Law; to provide with respect to video draw "vouchers, coupons," poker devices; to provide for the Video Draw Poker Device Purse Supplement Fund; to provide for the allocation of funds AMENDMENT NO. 4 provided to the Louisiana Quarterhorse Association; and to On page 2, line 3, delete "but are not limited to those" and insert provide for related matters. "which are" The bill was read by title. Returned from the House of AMENDMENT NO. 5 Representatives with the following amendments: On page 2, line 9, after "chips," and before "or" insert "vouchers, coupons," HOUSE COMMITTEE AMENDMENTS

AMENDMENT NO. 6 Amendments proposed by House Committee on Administration of On page 2, line 11, delete "that" and at the end of the line delete Criminal Justice to Rengrossed Senate Bill No. 36 by Senators Cain "include but are not limited" and Romero

AMENDMENT NO. 7 AMENDMENT NO. 1 On page 2, line 12, delete "to those" and insert "which are" On page 1, line 6, after "Association" and before the semicolon ";" insert "and the Quarterhorse Racing Association of Louisiana;" AMENDMENT NO. 8 On page 2, after line 14, insert the following: AMENDMENT NO. 2 On page 2, line 6, after "quarterhorses" and before "first" delete "* * * "The" and insert "Within fifteen days of receipt of the" §361. Conduct of slot machine gaming; temporary conduct * * * AMENDMENT NO. 3 (F) Wagering at an eligible live racing facility may be made with On page 2, at the end of line 7, delete "shall be" and delete lines 8 tokens, chips, vouchers, coupons, or electronic cards issued by the through 19 in their entirety and insert the following: "to the Louisiana licensed eligible facility or an approved facility manager acting on Quarterhorse Breeders Association shall be disbursed as follows: behalf of the facility. Electronic cards may be used which are affixed with a magnetic storage media, a "smart card" or those containing an (a) Twenty-five thousand dollars shall be paid to the Louisiana integrated circuit chip, but excluding credit cards issued by any other Quarterhorse Association to be used for the promotion of youth entity or institution." interest in quarterhorses. Page 52 SENATE 39th DAY'S PROCEEDINGS June 11, 2001

(b) Twenty-five thousand dollars shall be paid to the a procedure to count the number of applications filed; to create Quarterhorse Racing Association of Louisiana to be spent at the the DNA Testing Post-Conviction Relief for Indigents Fund; to direction of a majority of the voting members of the board of provide relative to legislative appropriations; to provide for the directors." Louisiana Indigent Defender Assistance Board to administer such funds; and to provide for related matters. Senator Cain moved to concur in the amendments proposed by the House. HOUSE COMMITTEE AMENDMENTS

ROLL CALL Amendments proposed by House Committee on Administration of Criminal Justice to Reengrossed Senate Bill No. 511 by Senator The roll was called with the following result: Lentini

YEAS AMENDMENT NO. 1 On page 1, line 5, after "a" and before "year" change "two" to "four" Bajoie Fontenot Marionneaux Barham Gautreaux McPherson AMENDMENT NO. 2 Boissiere Heitmeier Mount On page 1, line 6, after the semicolon ";" and before "to" insert "to Cain Hines Smith provide for exceptions;" Chaisson Hollis Tarver Cravins Hoyt Theunissen AMENDMENT NO. 3 Dardenne Irons Thomas On page 1, line 11, after "until" and before the semicolon ";" change Dupre Jones, B Ullo "August 31, 2003" to "August 31, 2005" Ellington Lambert Fields, W Lentini AMENDMENT NO. 4 Total—28 On page 2, line 25, after "Until" and before the comma "," change NAYS "August 31, 2003" to "August 31, 2005"

Dean Malone Michot AMENDMENT NO. 5 Total—3 On page 3, line 2, after the period "." and before "On" insert ABSENT "However, in cases in which the defendant has been sentenced to death prior to the effective date of this Act, the petition may be filed Mr. President Fields, C Romero at any time." Bean Johnson Schedler Campbell Jones, C AMENDMENT NO. 6 Total—8 On page 3, line 3, after "after" and before the comma "," change "August 31, 2003" to "August 31, 2005" The Chair declared the amendments proposed by the House were concurred in. Senator Cain moved to reconsider the vote by AMENDMENT NO. 7 which the amendments were concurred in and laid the motion on the On page 3, line 6, after "on" and before the comma "," change table. "August 31, 2003" to "August 31, 2005"

Called from the Calendar AMENDMENT NO. 8 On page 5, line 17, after "(3)" and before "clerks" change "The" to Senator Lentini asked that Senate Bill No. 511 be called from the "After service of the application on the district attorney, the" Calendar at this time. AMENDMENT NO. 9 SENATE BILL NO. 511— On page 5, line 20, after "until" and before the comma "," change BY SENATORS LENTINI AND DUPRE AND REPRESENTATIVE DOWNER "August 31, 2003" to "August 31, 2005" and after "all" delete the AN ACT remainder of the line and delete line 21 in its entirety and insert in lieu To amend and reenact Code of Criminal Procedure Art. 924 and to thereof "items of evidence in their possession which are known to enact Code of Criminal Procedure Art. 926.1, Art. 930.3(7), and contain biological material that can be subjected to DNA testing, in R.S. 15:151.2(G), relative to post conviction relief; to provide all cases that, as of" for a procedure for filing post conviction relief to allow DNA testing; to establish a two year period within which an AMENDMENT NO. 10 application may be filed; to provide for the burden of proof in On page 5, between lines 23 and 24, add the following: such proceeding; to provide for definitions; to provide for the selection of a laboratory; to provide for the protection of "(4) In all cases in which the defendant has been sentenced to evidence during pendency of the application; to require death prior to the effective date of this Act, the clerks of court of preservation of certain evidence from all cases concluding with each parish and all law enforcement agencies, including but not a verdict or plea of guilty until August 31, 2003; to provide for limited to district attorneys, sheriffs, the office of state police, local 39th DAY'S PROCEEDINGS Page 53 SENATE June 11, 2001 police agencies, and crime laboratories shall preserve, until the AMENDMENT NO. 8 execution of sentence is completed, all items of evidence in their In House Committee Amendment No. 10 proposed by the House possession which are known to contain biological material that can be Committee on Administration of Criminal Justice and adopted by the subjected to DNA testing." House of Representatives on May 29, 2001, on page 2, after line 13, add the following: HOUSE FLOOR AMENDMENTS "(5) Notwithstanding the provisions of Paragraphs H(3) and (4), Amendments proposed by Representative Murray to Reengrossed after service of the application on the district attorney and the law Senate Bill No. 511 by Senator Lentini, et al. enforcement agency in possession of the evidence, the clerks of court of each parish and all law enforcement agencies, including but not AMENDMENT NO. 1 limited to district attorneys, sheriffs, the office of state police, local On page 4, at the end of line 2, add "In making this finding the court police agencies, and crime laboratories may forward for proper shall evaluate and consider the evidentiary importance of the DNA storage and preservation all items of evidence described in Paragraph sample to be tested." H(3) to a laboratory accredited in forensic DNA analysis by the American Society of Crime Laboratory Directors/Laboratory HOUSE FLOOR AMENDMENTS Accreditation Board (ASCLD/LAB)."

Amendments proposed by Representative Martiny to Reengrossed Senator Lentini moved to reject the amendments proposed by Senate Bill No. 511 by Senator Lentini the House.

AMENDMENT NO. 1 ROLL CALL Delete House Committee Amendment No. 5 proposed by the House Committee on Administration of Criminal Justice and adopted by the The roll was called with the following result: House of Representatives on May 29, 2001. YEAS AMENDMENT NO. 2 On page 2, line 25, after "(1)" and before "August" change "Until" to Bajoie Gautreaux Marionneaux "Prior to" Barham Heitmeier McPherson Boissiere Hines Michot AMENDMENT NO. 3 Cain Hollis Mount On page 3, delete lines 6 and 7 in their entirety and insert in lieu Chaisson Hoyt Smith thereof the following: Cravins Irons Tarver Dardenne Jones, B Theunissen "(2) Notwithstanding the provisions of Paragraph A(1), in cases Dean Jones, C Thomas in which the defendant has been sentenced to death prior to the Dupre Lambert Ullo effective date of this Act, the application for DNA testing under the Ellington Lentini provisions of this Article may be filed at any time." Fontenot Malone Total—31 AMENDMENT NO. 4 NAYS On page 4, line 12, after "F." and before "If" insert the following: "Once an application has been filed and the court determines the Total—0 location of the evidence sought to be tested, the court shall serve a ABSENT copy of the application on the district attorney and the law enforcement agency who has possession of the evidence to be tested, Mr. President Fields, C Romero including but not limited to sheriffs, the office of state police, local Bean Fields, W Schedler police agencies, and crime laboratories." Campbell Johnson Total—8 AMENDMENT NO. 5 On page 5, line 5, change "Paragraph" to "Subsection" The Chair declared the amendments proposed by the House were rejected. Senator Lentini moved to reconsider the vote by which AMENDMENT NO. 6 the amendments were rejected and laid the motion on the table. On page 5, line 13, after "attorney" and before the comma "," insert "and the law enforcement agency in possession of the evidence" Called from the Calendar

AMENDMENT NO. 7 Senator Malone asked that Senate Bill No. 703 be called from the In House Committee Amendment No. 8 proposed by the House Calendar at this time. Committee on Administration of Criminal Justice and adopted by the House of Representatives on May 29, 2001, on page 1, line 24, after "attorney" and before the comma "," insert "and the law enforcement agency in possession of the evidence" Page 54 SENATE 39th DAY'S PROCEEDINGS June 11, 2001

SENATE BILL NO. 703— AMENDMENT NO. 2 BY SENATOR MALONE On page 2, line 2, after "purposes" insert "pursuant to a subpoena or AN ACT court order" To amend and reenact R.S. 51:423(A), relative to unfair sales practices; to prohibit the sale of information by retail or Senator Malone moved to concur in the amendments proposed wholesale grocers concerning customers derived from the by the House. issuance to and use of certain cards by customers; and to provide for related matters. ROLL CALL The bill was read by title. Returned from the House of The roll was called with the following result: Representatives with the following amendments: YEAS HOUSE COMMITTEE AMENDMENTS Bajoie Fontenot Lentini Amendments proposed by House Committee on Commerce to Barham Gautreaux Malone Engrossed Senate Bill No. 703 by Senator Malone Cain Heitmeier Marionneaux Chaisson Hines Michot AMENDMENT NO. 1 Cravins Hollis Mount On page 1, delete lines 14 through 16 and on page 2, delete line 1 Dardenne Hoyt Smith through 4 and insert the following: Dean Irons Tarver Dupre Jones, B Theunissen "(2) Except as provided herein, no retail or wholesale grocery Ellington Jones, C Thomas store, with a physical location in this state, that issues membership Fields, W Lambert Ullo cards for the purpose of discount pricing, shall sell or otherwise Total—30 transfer or make available to any unaffiliated person any information NAYS other than the name, address, and telephone number obtained or derived from the issuance or use of such cards. However, such Total—0 information may be shared or transferred under any of the following ABSENT circumstances: (a) The grocery store discloses in a clear and conspicuous Mr. President Campbell McPherson manner when application for the card is made that information may Bean Fields, C Romero be shared or transferred to unaffiliated third parties and that the card Boissiere Johnson Schedler applicant may choose to opt out of such share or transfer with Total—9 unaffiliated third parties. (b) The information is transferred to law enforcement agents for The Chair declared the amendments proposed by the House the official law enforcement purposes. were concurred in. Senator Malone moved to reconsider the vote by (c) The information is sold or transferred to agents of the seller which the amendments were concurred in and laid the motion on the for purposes directly related to the use of such card." table. LEGISLATIVE BUREAU AMENDMENTS Called from the Calendar Amendments proposed by Legislative Bureau to Engrossed Senate Bill No. 703 by Senator Malone Senator Lentini asked that Senate Bill No. 963 be called from the Calendar at this time. AMENDMENT NO. 1 SENATE BILL NO. 963— On page 1, line 7, following "hereby" and before "to" change BY SENATOR LENTINI "enacted" to "amended and reenacted" AN ACT To amend and reenact Code of Civil Procedure Art. 4231, relative to AMENDMENT NO. 2 tutorship; to provide a limited disqualification for certain In House Committee Amendment No. 1 proposed by the House parents convicted of a felony; and to provide for related matters. Committee on Commerce and adopted by the House on May 23, 2001, on line 18 before "official" delete "the" The bill was read by title. Returned from the House of Representatives with the following amendments: HOUSE FLOOR AMENDMENTS HOUSE COMMITTEE AMENDMENTS Amendments proposed by Representative Flavin to Engrossed Senate Bill No. 703 by Senator Malone Amendments proposed by House Committee on Civil Law and Procedure to Engrossed Senate Bill No. 963 by Senator Lentini AMENDMENT NO. 1 Delete Amendment No. 1 proposed by the House Committee on AMENDMENT NO. 1 Commerce and adopted by the House on May 24, 2001 39th DAY'S PROCEEDINGS Page 55 SENATE June 11, 2001

On page 2, at the end of line 7, delete "this" SENATE CONCURRENT RESOLUTION NO. 156— BY SENATOR ELLINGTON AMENDMENT NO. 2 A CONCURRENT RESOLUTION On page 2, line 8, after "Paragraph" and before "do" insert "A" To establish the Louisiana Adoption Study Committee to study the adoption proceedings in the state. AMENDMENT NO. 3 On page 2, line 11, after "a" and before "parent" insert "natural" Reported favorably by the Committee on Judiciary A.

AMENDMENT NO. 4 The resolution was read by title. Senator Ellington moved to On page 2, line 11, after "theft" and before "or" insert "of funds" adopt the Senate Concurrent Resolution.

AMENDMENT NO. 5 ROLL CALL On page 2, line 12, after "funds" change the period "." to a comma "," and add "a crime of violence as defined in R.S. 14:2(13), a sex offense The roll was called with the following result: as defined in R.S. 15:542 or R.S. 46:1844, or any other crime against an individual under the age of eighteen years." YEAS

Senator Lentini moved to concur in the amendments proposed Bajoie Fontenot Malone by the House. Barham Gautreaux Marionneaux Boissiere Heitmeier McPherson ROLL CALL Cain Hines Michot Chaisson Hollis Mount The roll was called with the following result: Cravins Hoyt Romero Dardenne Irons Smith YEAS Dean Jones, B Tarver Dupre Jones, C Theunissen Bajoie Fontenot Malone Ellington Lambert Thomas Barham Gautreaux Marionneaux Fields, W Lentini Ullo Boissiere Heitmeier McPherson Total—33 Cain Hines Michot NAYS Chaisson Hollis Mount Cravins Hoyt Romero Total—0 Dardenne Irons Smith ABSENT Dean Jones, B Tarver Dupre Jones, C Theunissen Mr. President Campbell Johnson Ellington Lambert Thomas Bean Fields, C Schedler Fields, W Lentini Ullo Total—6 Total—33 NAYS The Chair declared the Senate had adopted the Senate Concurrent Resolution and ordered it sent to the House. Total—0 ABSENT SENATE CONCURRENT RESOLUTION NO. 157— BY SENATOR ELLINGTON A CONCURRENT RESOLUTION Mr. President Campbell Johnson To urge and request the Senate and Governmental Affairs Committee Bean Fields, C Schedler and the House and Governmental Affairs Committee to function Total—6 as a joint committee to study certain exceptions to the Code of Governmental Ethics. The Chair declared the amendments proposed by the House were concurred in. Senator Lentini moved to reconsider the vote by Reported favorably by the Committee on Senate and which the amendments were concurred in and laid the motion on the Governmental Affairs. table. The resolution was read by title. Senator Ellington moved to Senate Concurrent Resolutions adopt the Senate Concurrent Resolution. on Second Reading Reported by Committees ROLL CALL

Senator Lentini asked for and obtained a suspension of the rules The roll was called with the following result: to take up at this time the following Senate Concurrent Resolutions just reported by Committees. YEAS Page 56 SENATE 39th DAY'S PROCEEDINGS June 11, 2001

Bajoie Fontenot Marionneaux On motion of Senator Theunissen, the committee amendment Barham Gautreaux McPherson was adopted. Boissiere Heitmeier Michot Cain Hines Mount The resolution was read by title. Senator Theunissen moved to Chaisson Hollis Romero concur in the amended House Concurrent Resolution. Cravins Hoyt Smith Dardenne Irons Tarver ROLL CALL Dean Jones, B Theunissen Dupre Lambert Thomas The roll was called with the following result: Ellington Lentini Ullo Fields, W Malone YEAS Total—32 NAYS Bajoie Fontenot Marionneaux Barham Gautreaux Michot Total—0 Boissiere Heitmeier Mount ABSENT Cain Hines Romero Chaisson Hollis Smith Mr. President Fields, C Schedler Cravins Hoyt Tarver Bean Johnson Dardenne Irons Theunissen Campbell Jones, C Dean Jones, B Thomas Total—7 Dupre Jones, C Ullo Ellington Lambert The Chair declared the Senate had adopted the Senate Fields, W Lentini Concurrent Resolution and ordered it sent to the House. Total—31 NAYS House Concurrent Resolutions on Second Reading Malone Reported by Committees Total—1 ABSENT Senator Theunissen asked for and obtained a suspension of the rules to take up at this time the following House Concurrent Mr. President Fields, C Schedler Resolutions just reported by Committees. Bean Johnson Campbell McPherson HOUSE CONCURRENT RESOLUTION NO. 146— Total—7 BY REPRESENTATIVE FAUCHEUX A CONCURRENT RESOLUTION The Chair declared the Senate had concurred in the amended To urge and request the State Board of Elementary and Secondary House Concurrent Resolution and ordered it returned to the House. Education to study the feasibility of implementing the Student Achievement Guarantee in Education (SAGE) program in public HOUSE CONCURRENT RESOLUTION NO. 157— schools and to report the study findings and recommendations, BY REPRESENTATIVE DAMICO in writing, to the House Committee on Education and the Senate A CONCURRENT RESOLUTION Committee on Education at least sixty days prior to the To urge and request the Department of Environmental Quality to beginning of the 2002 Regular Session. study the feasibility of a consortium of southern states to identify common environmental issues, analyze current state and Reported with amendments by the Committee on Education. federal laws and programs addressing such issues, and to work toward regional solutions that benefit those southern states. SENATE COMMITTEE AMENDMENTS Reported favorably by the Committee on Environmental Amendments proposed by Senate Committee on Education to Quality. Engrossed House Concurrent Resolution No. 146 by Representative Faucheux The resolution was read by title. Senator Fontenot moved to concur in the House Concurrent Resolution. AMENDMENT NO. 1 On page 2, line 9, change "; and" to a period "." ROLL CALL

AMENDMENT NO. 2 The roll was called with the following result: On page 2, delete lines 10 through 27 YEAS AMENDMENT NO. 3 On page 3, delete lines 1 through 19 Bajoie Fontenot Malone 39th DAY'S PROCEEDINGS Page 57 SENATE June 11, 2001

Barham Gautreaux Marionneaux Bean Fields, C Schedler Boissiere Heitmeier Michot Total—6 Cain Hines Mount Chaisson Hollis Romero The Chair declared the Senate had concurred in the House Cravins Hoyt Smith Concurrent Resolution and ordered it returned to the House. Dardenne Irons Tarver Dean Jones, B Theunissen HOUSE CONCURRENT RESOLUTION NO. 187— Dupre Jones, C Thomas BY REPRESENTATIVES STRAIN AND KENNEY Ellington Lambert Ullo A CONCURRENT RESOLUTION Fields, W Lentini To urge and request the Ground Water Management Commission and Total—32 the Ground Water Management Advisory Task Force to NAYS develop a cooperative aquifer and groundwater stewardship policy with the neighboring states of Mississippi, Arkansas, Total—0 and Texas. ABSENT Reported favorably by the Committee on Environmental Mr. President Fields, C Schedler Quality. Bean Johnson Campbell McPherson The resolution was read by title. Senator Thomas moved to Total—7 concur in the House Concurrent Resolution.

The Chair declared the Senate had concurred in the House ROLL CALL Concurrent Resolution and ordered it returned to the House. The roll was called with the following result: HOUSE CONCURRENT RESOLUTION NO. 181— BY REPRESENTATIVES MCMAINS, JOHNS, CLARKSON, SNEED, AND YEAS DOWNER A CONCURRENT RESOLUTION Bajoie Fontenot Malone To direct the Louisiana State Law Institute to study adoption Barham Gautreaux Marionneaux procedures and the constitutionality of certain procedures for Boissiere Heitmeier Michot the termination of parental rights. Cain Hines Mount Chaisson Hollis Romero Reported favorably by the Committee on Judiciary A. Cravins Hoyt Smith Dardenne Irons Tarver The resolution was read by title. Senator Ellington moved to Dean Jones, B Theunissen concur in the House Concurrent Resolution. Dupre Jones, C Thomas Ellington Lambert Ullo ROLL CALL Fields, W Lentini Total—32 The roll was called with the following result: NAYS

YEAS Total—0 ABSENT Bajoie Fontenot Malone Barham Gautreaux Marionneaux Mr. President Fields, C Schedler Boissiere Heitmeier McPherson Bean Johnson Cain Hines Michot Campbell McPherson Chaisson Hollis Mount Total—7 Cravins Hoyt Romero Dardenne Irons Smith The Chair declared the Senate had concurred in the House Dean Jones, B Tarver Concurrent Resolution and ordered it returned to the House. Dupre Jones, C Theunissen Ellington Lambert Thomas HOUSE CONCURRENT RESOLUTION NO. 188— Fields, W Lentini Ullo BY REPRESENTATIVES TOOMY, KATZ, AND GARY SMITH AND Total—33 SENATOR HOLLIS NAYS A CONCURRENT RESOLUTION To memorialize the United States Congress to support House Total—0 Resolution 527 making changes to Section 527 of the Internal ABSENT Revenue Code, relative to reports by state and local political committees. Mr. President Campbell Johnson Page 58 SENATE 39th DAY'S PROCEEDINGS June 11, 2001

Reported favorably by the Committee on Senate and Cravins Hoyt Romero Governmental Affairs. Dardenne Irons Smith Dean Jones, B Tarver The resolution was read by title. Senator Heitmeier moved to Dupre Jones, C Theunissen concur in the House Concurrent Resolution. Ellington Lambert Thomas Fields, W Lentini Ullo ROLL CALL Total—33 NAYS The roll was called with the following result: Total—0 YEAS ABSENT

Bajoie Fontenot Malone Mr. President Campbell Johnson Barham Gautreaux Marionneaux Bean Fields, C Schedler Boissiere Heitmeier McPherson Total—6 Cain Hines Michot Chaisson Hollis Mount The Chair declared the Senate had concurred in the House Cravins Hoyt Romero Concurrent Resolution and ordered it returned to the House. Dardenne Irons Smith Dean Jones, B Tarver HOUSE CONCURRENT RESOLUTION NO. 202— Dupre Jones, C Theunissen BY REPRESENTATIVES WALSWORTH, DOWNER, STELLY, AND KATZ A CONCURRENT RESOLUTION Ellington Lambert Thomas To urge and request the State Board of Elementary and Secondary Fields, W Lentini Ullo Education to study certain issues relative to dyslexia and related Total—33 disorders, including but not limited to current methods for the NAYS identification of students with dyslexia or related disorders, the

adequacy of educational programs and services provided to such Total—0 students, the adequacy of funding provided for such programs ABSENT and services, appropriate training for teachers and other school employees in providing instruction to students identified with Mr. President Campbell Johnson dyslexia or related disorders, and the extent to which local school Bean Fields, C Schedler systems in the state are in compliance with current state laws Total—6 and policies of the State Board of Elementary and Secondary Education relative to these issues, and to report the study The Chair declared the Senate had concurred in the House findings and recommendations, in writing, to the House Concurrent Resolution and ordered it returned to the House. Committee on Education and the Senate Committee on Education by not later than October 1, 2001. HOUSE CONCURRENT RESOLUTION NO. 189— BY REPRESENTATIVES ERDEY AND MCMAINS A CONCURRENT RESOLUTION Reported with amendments by the Committee on Education. To direct the Louisiana State Law Institute to study disavowal actions by the husband of the mother and related matters and SENATE COMMITTEE AMENDMENTS make specific recommendations for revisions of Louisiana laws to the Louisiana Legislature prior to January 1, 2003. Amendments proposed by Senate Committee on Education to Reengrossed House Concurrent Resolution No. 202 by Reported favorably by the Committee on Judiciary A. Representative Walsworth

The resolution was read by title. Senator Ellington moved to AMENDMENT NO. 1 concur in the House Concurrent Resolution. On page 3, line 18, change "requires" to "require"

ROLL CALL AMENDMENT NO. 2 On page 5, line 3, change "also shall" to "is also requested to" The roll was called with the following result: On motion of Senator Theunissen, the committee amendment YEAS was adopted.

Bajoie Fontenot Malone The resolution was read by title. Senator Ellington moved to Barham Gautreaux Marionneaux concur in the amended House Concurrent Resolution. Boissiere Heitmeier McPherson Cain Hines Michot Chaisson Hollis Mount 39th DAY'S PROCEEDINGS Page 59 SENATE June 11, 2001

ROLL CALL Dean Jones, B Tarver Dupre Jones, C Theunissen The roll was called with the following result: Ellington Lambert Thomas Fields, W Lentini Ullo YEAS Total—33 NAYS Bajoie Fontenot Malone Barham Gautreaux Marionneaux Total—0 Boissiere Heitmeier McPherson ABSENT Cain Hines Michot Chaisson Hollis Mount Mr. President Campbell Johnson Cravins Hoyt Romero Bean Fields, C Schedler Dardenne Irons Smith Total—6 Dean Jones, B Tarver Dupre Jones, C Theunissen The Chair declared the Senate had concurred in the House Ellington Lambert Thomas Concurrent Resolution and ordered it returned to the House. Fields, W Lentini Ullo Total—33 HOUSE CONCURRENT RESOLUTION NO. 208— NAYS BY REPRESENTATIVES ANSARDI AND MURRAY A CONCURRENT RESOLUTION

To urge and request the Department of Revenue to take all actions Total—0 which are reasonable and necessary to collect all income taxes ABSENT owed to the state which are attributable to the income of nonresident professional athletes and professional sports Mr. President Campbell Johnson franchises. Bean Fields, C Schedler Total—6 Reported favorably by the Committee on Revenue and Fiscal Affairs. The Chair declared the Senate had concurred in the amended House Concurrent Resolution and ordered it returned to the House. On motion of Senator Lambert, the resolution was read by title and returned to the Calendar, subject to call. HOUSE CONCURRENT RESOLUTION NO. 203— BY REPRESENTATIVES DAMICO, PERKINS, GARY SMITH, BAUDOIN, GALLOT, KENNEY, MORRISH, SHAW, JANE SMITH, STRAIN, WADDELL, HOUSE CONCURRENT RESOLUTION NO. 209— AND WOOTON BY REPRESENTATIVE ALARIO A CONCURRENT RESOLUTION A CONCURRENT RESOLUTION To urge and request the House Committee on Environment and the To urge and request the secretary of the Department of Revenue to Senate Committee on Environmental Quality to jointly study take every possible action within the boundaries of the law to the current status, enforcement, and effectiveness of litter laws ensure that no additional state tax burden is placed on the in the state and to report study findings and recommendations citizens of Louisiana as a result of the passage of federal income to the House of Representatives and the Senate prior to the tax relief and the mailing of tax rebate checks. convening of the 2002 Regular Session. Reported favorably by the Committee on Revenue and Fiscal Reported favorably by the Committee on Environmental Affairs. Quality. On motion of Senator Lambert, the resolution was read by title The resolution was read by title. Senator Fontenot moved to and returned to the Calendar, subject to call. concur in the House Concurrent Resolution. HOUSE CONCURRENT RESOLUTION NO. 214— ROLL CALL BY REPRESENTATIVE GALLOT A CONCURRENT RESOLUTION The roll was called with the following result: To urge and request the Board of Supervisors for the University of Louisiana System to adhere without waiver to board policies and YEAS procedures relative to personnel actions to fill chief executive vacancies at institutions under its supervision and management. Bajoie Fontenot Malone Barham Gautreaux Marionneaux Reported favorably by the Committee on Education. Boissiere Heitmeier McPherson Cain Hines Michot The resolution was read by title. Senator W. Fields moved to Chaisson Hollis Mount concur in the House Concurrent Resolution. Cravins Hoyt Romero Dardenne Irons Smith Page 60 SENATE 39th DAY'S PROCEEDINGS June 11, 2001

ROLL CALL Cain Hollis Mount Chaisson Hoyt Romero The roll was called with the following result: Dardenne Irons Smith Dean Jones, B Tarver YEAS Dupre Jones, C Theunissen Ellington Lambert Thomas Bajoie Fontenot Malone Fields, W Lentini Ullo Barham Gautreaux Marionneaux Fontenot Malone Boissiere Heitmeier McPherson Total—32 Cain Hines Michot NAYS Chaisson Hollis Mount Cravins Hoyt Romero Total—0 Dardenne Irons Smith ABSENT Dean Jones, B Tarver Dupre Jones, C Theunissen Mr. President Cravins Schedler Ellington Lambert Thomas Bean Fields, C Fields, W Lentini Ullo Campbell Johnson Total—33 Total—7 NAYS The Chair declared the Senate had concurred in the House Total—0 Concurrent Resolution and ordered it returned to the House. ABSENT HOUSE CONCURRENT RESOLUTION NO. 222— BY REPRESENTATIVES WADDELL, BAYLOR, BRUCE, GALLOT, Mr. President Campbell Johnson GLOVER, HOPKINS, MONTGOMERY, SHAW, JANE SMITH, AND Bean Fields, C Schedler TOWNSEND Total—6 A CONCURRENT RESOLUTION To urge and request the Board of Regents to study and report in The Chair declared the Senate had concurred in the House writing to the legislature its findings and recommendations on Concurrent Resolution and ordered it returned to the House. how the state can best meet the needs in northwest Louisiana of students in general and nontraditional students in particular who HOUSE CONCURRENT RESOLUTION NO. 217— seek to obtain a law degree from a Louisiana public university BY REPRESENTATIVE CRANE and who find that this curriculum is not offered at any such A CONCURRENT RESOLUTION institution that is located within a reasonable distance to the To urge and request the public postsecondary education management students needing the services, with such study to include but not boards to use the authority granted each of them by R.S. limited to meeting these needs by establishing a new public law 17:3351(A)(5)(b)(i) and establish, by not later than the Fall school or establishing a branch of such an institution. semester of the 2003-2004 academic year, tuition and mandatory attendance fee amounts applicable to nonresident students at Reported favorably by the Committee on Education. institutions under their respective supervision and management that at least equal the average amount of annual tuition and The resolution was read by title. Senator Theunissen moved to mandatory attendance fees for the ensuing fiscal year applicable concur in the House Concurrent Resolution. to nonresident students, at institutions in states comprising the Southern Regional Education Board, excluding Louisiana, which ROLL CALL are in the same category as established by the Southern Regional Education Board. The roll was called with the following result:

Reported favorably by the Committee on Education. YEAS

The resolution was read by title. Senator Theunissen moved to Bajoie Gautreaux McPherson concur in the House Concurrent Resolution. Boissiere Heitmeier Michot Cain Hines Mount ROLL CALL Chaisson Hollis Romero Dardenne Hoyt Tarver The roll was called with the following result: Dean Irons Theunissen Dupre Jones, C Thomas YEAS Fields, W Lambert Ullo Fontenot Lentini Bajoie Gautreaux Marionneaux Total—26 Barham Heitmeier McPherson NAYS Boissiere Hines Michot 39th DAY'S PROCEEDINGS Page 61 SENATE June 11, 2001

Barham Jones, B Smith Barham Fields, C Total—3 Bean Johnson ABSENT Total—7

Mr. President Ellington Marionneaux The Chair declared the Senate had concurred in the House Bean Fields, C Schedler Concurrent Resolution and ordered it returned to the House. Campbell Johnson Cravins Malone Called from the Calendar Total—10 Senator Ullo asked that House Concurrent Resolution No. 209 The Chair declared the Senate had concurred in the House be called from the Calendar at this time. Concurrent Resolution and ordered it returned to the House. HOUSE CONCURRENT RESOLUTION NO. 209— House and Concurrent Resolutions BY REPRESENTATIVE ALARIO to be Adopted, Subject to Call A CONCURRENT RESOLUTION To urge and request the secretary of the Department of Revenue to take every possible action within the boundaries of the law to The following House and Concurrent Resolutions to be adopted, ensure that no additional state tax burden is placed on the subject to call, were taken up and acted upon as follows: citizens of Louisiana as a result of the passage of federal income tax relief and the mailing of tax rebate checks. Called from the Calendar The resolution was read by title. Senator Ullo moved to concur Senator Chaisson asked that House Concurrent Resolution No. in the House Concurrent Resolution. 208 be called from the Calendar at this time.

HOUSE CONCURRENT RESOLUTION NO. 208— ROLL CALL BY REPRESENTATIVES ANSARDI AND MURRAY A CONCURRENT RESOLUTION The roll was called with the following result: To urge and request the Department of Revenue to take all actions which are reasonable and necessary to collect all income taxes YEAS owed to the state which are attributable to the income of nonresident professional athletes and professional sports Bajoie Fontenot Marionneaux franchises. Barham Gautreaux McPherson Boissiere Heitmeier Michot The resolution was read by title. Senator Chaisson moved to Cain Hines Mount concur in the House Concurrent Resolution. Chaisson Hollis Romero Cravins Hoyt Smith ROLL CALL Dardenne Jones, B Tarver Dean Jones, C Theunissen The roll was called with the following result: Dupre Lambert Thomas Ellington Lentini Ullo YEAS Fields, W Malone Total—32 Bajoie Gautreaux Marionneaux NAYS Boissiere Heitmeier McPherson Cain Hines Michot Total—0 Chaisson Hollis Mount ABSENT Cravins Hoyt Romero Dardenne Irons Smith Mr. President Fields, C Schedler Dean Jones, B Tarver Bean Irons Dupre Jones, C Theunissen Campbell Johnson Ellington Lambert Thomas Total—7 Fields, W Lentini Ullo Fontenot Malone The Chair declared the Senate had concurred in the House Total—32 Concurrent Resolution and ordered it returned to the House. NAYS House Bills and Joint Resolutions on Total—0 Third Reading ABSENT and Final Passage, Resumed

Mr. President Campbell Schedler Page 62 SENATE 39th DAY'S PROCEEDINGS June 11, 2001

The following House Bills and Joint Resolutions on third reading Dean Jones, B Tarver and final passage were taken up and acted upon as follows: Dupre Jones, C Theunissen Ellington Lambert Thomas HOUSE BILL NO. 24— Fields, W Lentini Ullo BY REPRESENTATIVES STRAIN, E. ALEXANDER, BOWLER, BRUCE, Total—33 BRUNEAU, CLARKSON, CROWE, DANIEL, DIEZ, DOWNER, FARRAR, FLAVIN, FRUGE, FUTRELL, HILL, HUTTER, JOHNS, KENNARD, NAYS LANCASTER, LUCAS, MARTINY, NEVERS, ODINET, POWELL, SCHNEIDER, SHAW, JANE SMITH, SNEED, STELLY, SWILLING, THOMPSON, TOOMY, TRICHE, TUCKER, WINSTON, AND WRIGHT AND Total—0 SENATORS HAINKEL, CHAISSON, DARDENNE, DUPRE, ELLINGTON, ABSENT GAUTREAUX, MCPHERSON, MICHOT, MOUNT, SMITH, AND THOMAS AN ACT Mr. President Campbell Johnson To amend and reenact R.S. 18:1463(A), (C)(2)(introductory Bean Fields, C Schedler paragraph), and (D) and 1472(A) and to enact R.S. Total—6 18:1463(C)(4), relative to election offenses; to prohibit a person from misrepresenting that he or any committee or organization The Chair declared the amended bill was passed. The title was under his control speaks for or on behalf of any candidate, read and adopted. Senator Dardenne moved to reconsider the vote by political party, or any employee or agent thereof; to prohibit which the bill was passed and laid the motion on the table. willfully and knowingly participating in or conspiring to participate in a plan for any such misrepresentation; to provide HOUSE BILL NO. 276— for legal remedy and penalties; to provide for attorney fees for BY REPRESENTATIVE MONTGOMERY a petitioner who is successful in obtaining injunctive relief; to AN ACT provide for the inclusion in the informational packet on election To amend and reenact R.S. 4:184(D), relative to racing; to require offenses for candidates of information pertaining to applicable racing associations to make purses for special accredited enforcement procedures; and to provide for related matters. Louisiana bred thoroughbred races at least equal to purses for races of comparable quality; and to provide for related matters. Floor Amendments Sent Up The bill was read by title. Senator Hollis moved the final Senator Dardenne sent up floor amendments which were read. passage of the bill.

SENATE FLOOR AMENDMENTS ROLL CALL

Amendments proposed by Senator Dardenne to Engrossed House Bill The roll was called with the following result: No. 24 by Representative Strain YEAS AMENDMENT NO. 1 On page 3, between lines 23 and 24, insert the following: Bajoie Fontenot Marionneaux Barham Gautreaux McPherson "(c) A radio or television broadcaster who broadcasts a paid Boissiere Heitmeier Michot political announcement or advertisement, the content of which the Cain Hines Mount broadcaster had no input in or control over, is not subject to the Campbell Hollis Romero provisions of this Paragraph. Chaisson Hoyt Smith Cravins Irons Tarver On motion of Senator Dardenne, the amendments were adopted. Dardenne Jones, B Theunissen Dean Jones, C Thomas The bill was read by title. Senator Dardenne moved final Dupre Lambert Ullo passage of the amended bill. Ellington Lentini Fields, W Malone ROLL CALL Total—34 NAYS The roll was called with the following result: Total—0 YEAS ABSENT

Bajoie Fontenot Malone Mr. President Fields, C Schedler Barham Gautreaux Marionneaux Bean Johnson Boissiere Heitmeier McPherson Total—5 Cain Hines Michot Chaisson Hollis Mount The Chair declared the bill was passed. The title was read and Cravins Hoyt Romero adopted. Senator Hollis moved to reconsider the vote by which the Dardenne Irons Smith bill was passed and laid the motion on the table. 39th DAY'S PROCEEDINGS Page 63 SENATE June 11, 2001

HOUSE BILL NO. 292— Boissiere Gautreaux McPherson BY REPRESENTATIVE MONTGOMERY Cain Heitmeier Michot AN ACT Campbell Hines Mount To amend and reenact R.S. 4:179.2, relative to horse racing; to Chaisson Hollis Romero provide relative to horsemen's organizations; and to provide for Cravins Hoyt Smith related matters. Dardenne Irons Tarver Dean Jones, B Theunissen The bill was read by title. Senator Hollis moved the final Dupre Jones, C Thomas passage of the bill. Ellington Lambert Ullo Fields, C Lentini ROLL CALL Total—35 NAYS The roll was called with the following result: Total—0 YEAS ABSENT

Bajoie Fontenot Marionneaux Mr. President Johnson Barham Gautreaux McPherson Bean Schedler Boissiere Heitmeier Michot Total—4 Cain Hines Mount Campbell Hollis Romero The Chair declared the bill was passed. The title was read and Chaisson Hoyt Smith adopted. Senator Irons moved to reconsider the vote by which the Cravins Irons Tarver bill was passed and laid the motion on the table. Dardenne Jones, B Theunissen Dean Jones, C Thomas HOUSE BILL NO. 461— Dupre Lambert Ullo BY REPRESENTATIVES DANIEL AND CLARKSON Ellington Lentini AN ACT Fields, W Malone To enact R.S. 22:215.22, relative to health insurance benefits; to Total—34 prohibit exclusion by certain health insurance policies, contracts, NAYS and plans of coverage of a correctable medical condition otherwise covered by the policy, contract, or plan solely Total—0 because the condition results in infertility; and to provide for ABSENT related matters.

Mr. President Fields, C Schedler Floor Amendments Sent Up Bean Johnson Total—5 Senator Irons sent up floor amendments which were read.

The Chair declared the bill was passed. The title was read and SENATE FLOOR AMENDMENTS adopted. Senator Hollis moved to reconsider the vote by which the bill was passed and laid the motion on the table. Amendments proposed by Senator Irons to Engrossed House Bill No. 461 by Representative Daniel HOUSE BILL NO. 377— BY REPRESENTATIVES ILES, PERKINS, AND SCHWEGMANN AMENDMENT NO. 1 AN ACT On page 1, line 2, after "22:215.22" and before the comma "," insert To enact R.S. 51:2247.1, relative to breastfeeding; to prohibit "and 215.23" discrimination against mothers who breastfeed their babies; to provide for the right to breastfeed; to provide that breastfeeding AMENDMENT NO. 2 is not a violation of law; and to provide for related matters. On page 1, line 6, after "infertility;" insert the following: "to require certain health insurance policies, contracts, and plans to provide The bill was read by title. Senator Irons moved the final passage coverage for prescription birth control drugs; to provide relative to of the bill. copayments or coinsurances; to provide for exclusions;"

ROLL CALL AMENDMENT NO. 3 On page 1, line 8, after "22:215.22" delete "is" and insert "and 215.23 The roll was called with the following result: are"

YEAS AMENDMENT NO. 4 On page 2, after line 15, insert the following: Bajoie Fields, W Malone Barham Fontenot Marionneaux Page 64 SENATE 39th DAY'S PROCEEDINGS June 11, 2001

"§215.23. Requirement for coverage of contraceptives and contract of this type, including a group insurance plan, the State contraceptive services Employees' Group Benefits Program, or any policy of group, family A. Every health insurance policy, contract, or plan specified in group, blanket, or franchise health and accident insurance, a self- Subsection D of this Section which is delivered or issued for delivery insurance plan, and a contract or agreement with a health maintenance in this state and which provides coverage for prescription drugs shall organization or a preferred provider organization. provide coverage for any birth control drug that is approved by the E. The provisions of this Section shall only apply to birth United States Food and Drug Administration and that is obtained by control drugs and shall not be construed to apply to any prescription as defined in R.S. 37:1164(44). antiprogestin or other abortifacient class drug. B. No such health insurance policy, contract, or plan shall F. The provisions of this Section shall not apply to individually impose a different copayment or coinsurance for a medically underwritten, guaranteed renewable limited benefit health insurance prescribed birth control drug other than that which is imposed for any policies. other prescribed drug. G. The provisions of this Section shall be effective on October C.(1) Any employer which is a religious organization may 1, 2001 and shall apply to every policy, contract, or plan delivered, request, and the issuer of a health insurance policy, plan, or contract issued for delivery, or renewed in this state on or after such date." shall grant, an exclusion from coverage under such policy, plan, or contract for coverage of birth control drugs as required by Subsection Senator Irons moved adoption of the amendments. A of this Section if such coverage conflicts with the religious beliefs and practices of the organization. Senator Theunissen objected. (2) Every religious employer that invokes the exemption provided under this Section shall provide written notice to all ROLL CALL employees and to all prospective employees at the time an offer of employment is made: The roll was called with the following result: (a) Listing the contraceptive health services that the employer refuses to cover for religious reasons; and YEAS (b) Describing how an employee may directly access contraceptive services under this Section. Bajoie Dean Jones, B (3) Health insurers shall allow enrollees in a health plan Barham Ellington Jones, C exempted under this Section to directly purchase coverage for birth Boissiere Fields, C Marionneaux control drugs. The cost to the enrollee shall not exceed the enrollee's Cain Fields, W Mount pro rata share of the price the religious employer would have paid for Campbell Gautreaux Smith such coverage had the religious employer not invoked the religious Chaisson Heitmeier Tarver exemption. Cravins Hines (4) Nothing in this Section shall be construed to exclude coverage Dardenne Irons for prescription contraceptive supplies ordered by a health care Total—22 provider for reasons other than contraceptive purposes, such as NAYS decreasing the risk of ovarian cancer or eliminating symptoms of menopause, or for prescription contraception that is necessary to Dupre Malone Theunissen preserve the life or health of the insured. Fontenot McPherson Thomas (5) A religious employer may not discriminate against an Hoyt Michot Ullo individual who chooses to obtain insurance coverage of or Lentini Romero prescriptions for birth control drugs. Total—11 (6) Any religious employer that invokes the religious exemption ABSENT provided under this Section must provide annual, written notice thereof to the commissioner. The commissioner shall maintain a Mr. President Hollis Lambert separate file of all such written notices and shall make them available Bean Johnson Schedler to any member of the public upon his or her request. Total—6 (7) For purposes of this Section, a "religious employer" is an entity for which each of the following is true: The Chair declared the amendments were adopted. (a) The inculcation of religious benefits is the primary purpose of the entity. The bill was read by title. Senator Irons moved final passage of (b) The entity primarily employs persons who share the the amended bill. religious beliefs of the entity. (c) The entity serves primarily persons who share the religious ROLL CALL tenets of the entity. (d) The entity is a nonprofit organization pursuant to the 26 The roll was called with the following result: U.S.C.A., §501(c)(3), as amended. D. As used in this Section, health insurance policy, contract, or YEAS plan shall include every hospital, health, or medical expense insurance policy, hospital or medical service contract, employee welfare benefit Bajoie Dupre Jones, B plan, health and accident insurance policy, or any other insurance Barham Ellington Jones, C 39th DAY'S PROCEEDINGS Page 65 SENATE June 11, 2001

Boissiere Fields, C Lambert Mr. President Irons McPherson Cain Fields, W Marionneaux Bean Johnson Schedler Campbell Gautreaux Mount Total—6 Chaisson Heitmeier Smith Cravins Hines Tarver The Chair declared the bill was passed. The title was read and Dardenne Hollis adopted. Senator Thomas moved to reconsider the vote by which the Dean Irons bill was passed and laid the motion on the table. Total—25 NAYS HOUSE BILL NO. 555— BY REPRESENTATIVE L. JACKSON Mr. President Malone Theunissen AN ACT Fontenot McPherson Thomas To enact R.S. 44:4(29), relative to exempting certain information Hoyt Michot Ullo provided to a communications district from the Public Records Lentini Romero Law; to provide that certain proprietary information supplied Total—11 to a communications district by a service provider is exempt ABSENT from the Public Records Law; and to provide for related matters.

Bean Johnson Schedler The bill was read by title. Senator Dupre moved the final Total—3 passage of the bill.

The Chair declared the amended bill was passed. The title was ROLL CALL read and adopted. Senator Irons 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. 548— YEAS BY REPRESENTATIVE R. CARTER AN ACT Bajoie Fields, W Marionneaux To enact R.S. 42:1123(28), relative to exceptions to the Code of Barham Fontenot McPherson Governmental Ethics; to provide for an exception to allow a Boissiere Gautreaux Michot mayor of a municipality with a population not in excess of five Cain Heitmeier Mount thousand persons who is a licensed physician to contract for the Campbell Hines Romero provision of health care services with the health insurer of the Chaisson Hollis Smith employees of his municipality; and to provide for related Cravins Hoyt Tarver matters. Dardenne Jones, B Theunissen Dean Jones, C Thomas The bill was read by title. Senator Thomas moved the final Dupre Lambert Ullo passage of the bill. Ellington Lentini Fields, C Malone ROLL CALL Total—34 NAYS The roll was called with the following result: Total—0 YEAS ABSENT

Bajoie Fields, C Lentini Mr. President Irons Schedler Barham Fields, W Malone Bean Johnson Boissiere Fontenot Marionneaux Total—5 Cain Gautreaux Michot Campbell Heitmeier Mount The Chair declared the bill was passed. The title was read and Chaisson Hines Romero adopted. Senator Dupre moved to reconsider the vote by which the Cravins Hollis Smith bill was passed and laid the motion on the table. Dardenne Hoyt Tarver Dean Jones, B Theunissen HOUSE BILL NO. 680— Dupre Jones, C Thomas BY REPRESENTATIVE PINAC Ellington Lambert Ullo AN ACT Total—33 To amend and reenact R.S. 6:1011, 1031, 1032, 1033(A), NAYS 1034(introductory paragraph), 1035(1) and (2), 1036(introductory paragraph), 1037(A)(introductory paragraph) Total—0 and (1), (B), (C), and (G)(1), 1038, 1039, 1040(A) and (B), ABSENT 1041(B), 1042, 1047(introductory paragraph) and (3), 1048, 1051(A) and (B), 1052(A), and 1053(A)(2) and R.S. 36:108(C) Page 66 SENATE 39th DAY'S PROCEEDINGS June 11, 2001

and to enact R.S. 6:1034(3), relative to the sale of checks and HOUSE BILL NO. 825— money transmission; to provide relative to currency exchange BY REPRESENTATIVES BROOME AND L. JACKSON services; to provide for definitions; to provide for licensure AN ACT requirements and exemptions from licensure; to provide relative To enact R.S. 44:4(29), relative to exemptions from the public to qualifications for licensure and the submission of records law; to provide that the information in 911 calls and calls applications; to provide relative to licensure fees, renewal fees, to other public safety agencies is exempt from the public records delinquency charges, and bonding requirements; to provide laws; to provide for those classes of persons to whom such relative to investigation of applicants; to provide relative to the information is not prohibited from being released; and to provide maintenance of a bond; to provide relative to the liability of for related matters. licensees; to provide relative to an annual report filed with the commissioner; to provide for trusts imposed on proceeds; to Motion provide relative to suspension or revocation of licenses; to provide relative to accounts opened by licensees; to provide Senator Michot moved to return the bill to the Involuntary relative to reports made to the commissioner; to provide for the Calendar. functions of the office of financial institutions; and to provide for related matters. Senator Dupre objected.

The bill was read by title. Senator Hollis moved the final ROLL CALL passage of the bill. The roll was called with the following result: ROLL CALL YEAS The roll was called with the following result: Bajoie Fields, W Michot YEAS Barham Fontenot Mount Boissiere Hollis Romero Bajoie Fontenot Marionneaux Cravins Hoyt Smith Barham Gautreaux McPherson Dardenne Irons Theunissen Boissiere Heitmeier Michot Dean Jones, B Thomas Cain Hines Mount Ellington Lambert Ullo Campbell Hollis Romero Fields, C Lentini Chaisson Hoyt Smith Total—23 Dardenne Irons Tarver NAYS Dean Jones, B Theunissen Dupre Jones, C Thomas Cain Gautreaux Marionneaux Ellington Lambert Ullo Campbell Heitmeier McPherson Fields, C Lentini Chaisson Hines Tarver Fields, W Malone Dupre Malone Total—34 Total—11 NAYS ABSENT

Cravins Mr. President Johnson Schedler Total—1 Bean Jones, C ABSENT Total—5

Mr. President Johnson The Chair declared the bill was returned to the Involuntary Bean Schedler Calendar. Total—4 HOUSE BILL NO. 868— The Chair declared the bill was passed. The title was read and BY REPRESENTATIVE GREEN AN ACT adopted. Senator Hollis moved to reconsider the vote by which the To amend and reenact R.S. 37:2706(A)(2), 2707(A)(2), and bill was passed and laid the motion on the table. 2708(A)(2), relative to social workers; to provide for licensure and certification; to provide for graduates of nonaccredited Mr. President in the Chair schools with five years of work experience to qualify for certification and licensure; and to provide for related matters.

The bill was read by title. Senator Bajoie moved the final passage of the bill. 39th DAY'S PROCEEDINGS Page 67 SENATE June 11, 2001

ROLL CALL Dupre Jones, C Ullo Ellington Lambert The roll was called with the following result: Total—35 NAYS YEAS Total—0 Bajoie Fields, W Malone ABSENT Barham Fontenot Marionneaux Boissiere Gautreaux McPherson Bean McPherson Cain Heitmeier Michot Johnson Schedler Campbell Hines Mount Total—4 Chaisson Hollis Romero Cravins Hoyt Smith The Chair declared the bill was passed. The title was read and Dardenne Irons Tarver adopted. Senator Theunissen moved to reconsider the vote by which Dean Jones, B Theunissen the bill was passed and laid the motion on the table. Dupre Jones, C Thomas Ellington Lambert Ullo HOUSE BILL NO. 919— Fields, C Lentini BY REPRESENTATIVE DURAND AN ACT Total—35 To amend and reenact R.S. 37:3003(B)(1), relative to the practice of NAYS occupational therapy; to provide that such therapy may be

based on a referral or order from an advanced practice registered Total—0 nurse; and to provide for related matters. ABSENT The bill was read by title. Senator Hines moved the final Mr. President Johnson passage of the bill. Bean Schedler Total—4 ROLL CALL The Chair declared the bill was passed. The title was read and adopted. Senator Bajoie 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. 892— BY REPRESENTATIVE MORRISH Bajoie Fields, W Malone AN ACT Barham Fontenot Marionneaux To amend and reenact R.S. 22:1245(B) and R.S. 40:1424(A), relative Boissiere Gautreaux McPherson to insurance fraud; to provide for the Department of Insurance; Cain Heitmeier Michot to provide for the office of state police; to provide for the Campbell Hines Mount Department of Justice; to provide for notification of violations; Chaisson Hollis Romero to provide for referrals; and to provide for related matters. Cravins Hoyt Smith Dardenne Irons Tarver The bill was read by title. Senator Theunissen moved the final Dean Jones, B Theunissen passage of the bill. Dupre Jones, C Thomas Ellington Lambert Ullo ROLL CALL Fields, C Lentini Total—35 The roll was called with the following result: NAYS

YEAS Total—0 ABSENT Mr. President Fields, C Lentini Bajoie Fields, W Malone Mr. President Johnson Barham Fontenot Marionneaux Bean Schedler Boissiere Gautreaux Michot Total—4 Cain Heitmeier Mount Campbell Hines Romero The Chair declared the bill was passed. The title was read and Chaisson Hollis Smith adopted. Senator Hines moved to reconsider the vote by which the Cravins Hoyt Tarver bill was passed and laid the motion on the table. Dardenne Irons Theunissen Dean Jones, B Thomas Page 68 SENATE 39th DAY'S PROCEEDINGS June 11, 2001

HOUSE BILL NO. 980— ROLL CALL BY REPRESENTATIVE TRICHE AN ACT The roll was called with the following result: To amend and reenact R.S. 9:315.40(4), (5), and (8), 315.41, 315.42(B), 315.43, 315.44(A)(introductory paragraph) and (3), YEAS 315.45, and 315.47, to enact R.S. 9:315.40(9), and to repeal R.S. 9:315.48, relative to administrative suspension of licenses for Bajoie Fontenot Marionneaux nonpayment of child support; to extend the authority of the Barham Gautreaux Michot Department of Social Services, Support Enforcement Services Boissiere Heitmeier Mount Program, office of family support, to suspend motor vehicle Cain Hines Romero operator licenses and professional, occupational, business, or Campbell Hollis Schedler industrial licenses; and to repeal certain provisions relative to Chaisson Hoyt Smith rulemaking; and to provide for related matters. Dardenne Irons Tarver Dean Jones, B Theunissen The bill was read by title. Senator Chaisson moved the final Dupre Jones, C Thomas passage of the bill. Ellington Lambert Ullo Fields, C Lentini ROLL CALL Fields, W Malone Total—34 The roll was called with the following result: NAYS

YEAS Total—0 ABSENT Bajoie Fields, W Lentini Barham Fontenot Marionneaux Mr. President Cravins McPherson Boissiere Gautreaux McPherson Bean Johnson Cain Heitmeier Michot Total—5 Campbell Hines Mount Chaisson Hollis Romero The Chair declared the bill was passed. The title was read and Cravins Hoyt Schedler adopted. Senator Hines moved to reconsider the vote by which the Dardenne Irons Smith bill was passed and laid the motion on the table. Dean Johnson Tarver Dupre Jones, B Theunissen HOUSE BILL NO. 1001— Ellington Jones, C Thomas BY REPRESENTATIVE R. ALEXANDER Fields, C Lambert Ullo AN ACT Total—36 To repeal R.S. 36:254.1, relative to the powers and duties of the NAYS secretary of the Department of Health and Hospitals; to remove the requirement that the secretary appoint administrators to Total—0 each of nine administrative regions and to delete the regions. ABSENT The bill was read by title. Senator B. Jones moved the final Mr. President Bean Malone passage of the bill. Total—3 ROLL CALL The Chair declared the bill was passed. The title was read and adopted. Senator Chaisson moved to reconsider the vote by which The roll was called with the following result: the bill was passed and laid the motion on the table. YEAS HOUSE BILL NO. 999— BY REPRESENTATIVE R. ALEXANDER Bajoie Fields, W Malone AN ACT Barham Fontenot Marionneaux To amend and reenact R.S. 46:450.2(A) and (B), relative to Boissiere Gautreaux Michot nonemergency, nonambulance transportation for Medicaid Cain Heitmeier Mount recipients; to provide for items included in an annual inspection; Campbell Hines Romero to provide for vehicle inspection; to provide for rulemaking by Chaisson Hollis Schedler the department; and to provide for related matters. Cravins Hoyt Smith Dardenne Irons Tarver The bill was read by title. Senator Hines moved the final Dean Jones, B Theunissen passage of the bill. Dupre Jones, C Thomas Ellington Lambert Ullo 39th DAY'S PROCEEDINGS Page 69 SENATE June 11, 2001

Fields, C Lentini HOUSE BILL NO. 1004— Total—35 BY REPRESENTATIVE TRICHE NAYS AN ACT To amend and reenact R.S. 40:6(C) and to enact R.S. 40:6(D) and (E), Total—0 relative to violations of the state Sanitary Code; to provide for ABSENT the addition of the state health officer and the secretary of the Department of Health and Hospitals to those who may seek an Mr. President Johnson injunction against violators of the state Sanitary Code; to Bean McPherson provide for the secretary of the Department of Health and Total—4 Hospitals to assess civil fines or other sanctions against violators of the state Sanitary Code; to provide for exceptions; The Chair declared the bill was passed. The title was read and and to provide for related matters. adopted. Senator B. Jones 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 Fontenot moved the final passage of the bill. HOUSE BILL NO. 1002— BY REPRESENTATIVE R. ALEXANDER ROLL CALL AN ACT To amend and reenact R.S. 40:1232.1, relative to emergency medical The roll was called with the following result: service personnel; to establish a fee schedule; to provide exceptions; and to provide for related matters. YEAS

The bill was read by title. Senator Hines moved the final Bajoie Gautreaux Marionneaux passage of the bill. Barham Heitmeier Michot Cain Hines Mount ROLL CALL Campbell Hollis Romero Chaisson Hoyt Schedler The roll was called with the following result: Cravins Irons Tarver Dardenne Jones, B Theunissen YEAS Dupre Jones, C Thomas Fields, C Lambert Ullo Bajoie Fontenot Marionneaux Fields, W Lentini Barham Gautreaux Michot Fontenot Malone Cain Heitmeier Mount Total—31 Campbell Hines Romero NAYS Chaisson Hollis Schedler Cravins Hoyt Smith Mr. President Ellington Dardenne Irons Tarver Dean Smith Dean Jones, B Theunissen Total—4 Dupre Jones, C Thomas ABSENT Ellington Lambert Ullo Fields, C Lentini Bean Johnson Fields, W Malone Boissiere McPherson Total—34 Total—4 NAYS The Chair declared the bill was passed. The title was read and Total—0 adopted. Senator Fontenot moved to reconsider the vote by which ABSENT the bill was passed and laid the motion on the table.

Mr. President Boissiere McPherson HOUSE BILL NO. 1006— Bean Johnson BY REPRESENTATIVE R. ALEXANDER Total—5 AN ACT To amend and reenact R.S. 40:1235.2(E)(3) and 1236.2(E)(4), relative The Chair declared the bill was passed. The title was read and to ambulance and air ambulance providers; to delete annual adopted. Senator Hines moved to reconsider the vote by which the inspection requirements as a condition of license renewal; to bill was passed and laid the motion on the table. require annual review of documents; to provide for inspections and verifications for license renewal; and to provide for related matters.

The bill was read by title. Senator Hines moved the final passage of the bill. Page 70 SENATE 39th DAY'S PROCEEDINGS June 11, 2001

Fields, C Jones, C Thomas ROLL CALL Fields, W Lambert Ullo Total—30 The roll was called with the following result: NAYS

YEAS Cravins Dean Malone Total—3 Bajoie Fontenot Malone ABSENT Barham Gautreaux Marionneaux Cain Heitmeier Michot Bean Ellington Marionneaux Chaisson Hines Mount Campbell Johnson McPherson Cravins Hollis Romero Total—6 Dardenne Hoyt Schedler Dean Irons Smith The Chair declared the bill was passed. The title was read and Dupre Jones, B Tarver adopted. Senator Hines moved to reconsider the vote by which the Ellington Jones, C Theunissen bill was passed and laid the motion on the table. Fields, C Lambert Thomas Fields, W Lentini Ullo HOUSE BILL NO. 1138— Total—33 BY REPRESENTATIVE PINAC AN ACT NAYS To amend and reenact R.S. 6:376(A), (B), and (C)(2) and to enact

R.S. 6:351(C) and (D) and 352.1, relative to share exchanges; to Total—0 provide for authorization; to provide for procedure; to provide ABSENT for stockholder rights; and to provide for related matters. Mr. President Boissiere Johnson The bill was read by title. Senator Hollis moved the final Bean Campbell McPherson passage of the bill. Total—6

The Chair declared the bill was passed. The title was read and ROLL CALL adopted. Senator Hines 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. 1008— YEAS BY REPRESENTATIVE R. ALEXANDER AN ACT Bajoie Fontenot Marionneaux To amend and reenact R.S. 28:567(E) and R.S. 40:2103(C) and Barham Gautreaux McPherson 2116.32(F)(2), relative to the licensure of health care facilities; Boissiere Heitmeier Michot to extend the moratorium on licensure of mental health clinics Cain Hines Mount and mental health centers; to extend the moratorium on Medicaid Campbell Hollis Romero enrollment of long-term care hospital facilities and beds; to Chaisson Hoyt Schedler extend the moratorium on licensure of home health agencies; to Dardenne Irons Smith provide for an effective date; and to provide for related matters. Dean Jones, B Tarver Dupre Jones, C Theunissen The bill was read by title. Senator Hines moved the final Ellington Lambert Thomas passage of the bill. Fields, C Lentini Ullo Fields, W Malone ROLL CALL Total—35 NAYS The roll was called with the following result: Total—0 YEAS ABSENT

Mr. President Fontenot Lentini Mr. President Cravins Bajoie Gautreaux Michot Bean Johnson Barham Heitmeier Mount Total—4 Boissiere Hines Romero Cain Hollis Schedler The Chair declared the bill was passed. The title was read and Chaisson Hoyt Smith adopted. Senator Hollis moved to reconsider the vote by which the Dardenne Irons Tarver bill was passed and laid the motion on the table. Dupre Jones, B Theunissen 39th DAY'S PROCEEDINGS Page 71 SENATE June 11, 2001

HOUSE BILL NO. 1140— Fields, C Lentini BY REPRESENTATIVES CLARKSON AND WINSTON AND SENATOR Total—35 BAJOIE AN ACT NAYS To enact R.S. 22:215.11(A)(5), relative to health insurance coverage; to provide for direct access without any requirement for Ullo specialty referral for minimum mammography examinations; and Total—1 to provide for related matters. ABSENT Bean Boissiere Johnson Floor Amendments Sent Up Total—3 Senator Schedler sent up floor amendments which were read. The Chair declared the amended bill was passed. The title was read and adopted. Senator Bajoie moved to reconsider the vote by SENATE FLOOR AMENDMENTS which the bill was passed and laid the motion on the table. Amendments proposed by Senator Schedler to Engrossed House Bill No. 1140 by Representative Clarkson Personal Privilege

AMENDMENT NO. 1 Senator Ullo asked for and obtained the floor of the Senate on a On page 1, line 2, after "22:215.11(A)(5)" insert "and 642.1" point of personal privilege, and stated he had voted in error on House Bill No. 1140. He voted nay on the bill and had intended to vote yea. AMENDMENT NO. 2 He asked that the Official Journal so state. On page 1, line 7, after "22.215.11(A)(5)" insert "and 642.1" and HOUSE BILL NO. 1173— change "is" to "are" BY REPRESENTATIVE BRUNEAU AN ACT AMENDMENT NO. 3 To amend and reenact R.S. 44:1(A)(2) and to enact R.S. 44:4.1, On page 1, after line 17, insert the following: relative to exceptions, exemptions, and limitations to the public records law; to define "public records"; to provide for the " * * * incorporation into Chapter 1 of Title 44 of the Louisiana Revised Statutes of 1950, by citation, various exceptions, §642.1 Assignment of health insurance benefits exemptions, and limitations to the laws regarding public records; and to provide for related matters. A health insurance issuer shall recognize an assignment of any benefits payable under health insurance coverage by an insured, The bill was read by title. Senator Ullo moved the final passage beneficiary, subscriber, or enrollee to any health care provider and of the bill. shall not include any language or provision prohibiting any such assignment in any form, policy, subscriber agreement, certificate of ROLL CALL coverage, or evidence of coverage." The roll was called with the following result: On motion of Senator Schedler, the amendments were adopted. YEAS The bill was read by title. Senator Bajoie moved final passage of the amended bill. Mr. President Fields, C Malone Bajoie Fields, W Marionneaux ROLL CALL Barham Fontenot McPherson Boissiere Gautreaux Michot The roll was called with the following result: Cain Heitmeier Mount Campbell Hollis Romero YEAS Chaisson Hoyt Schedler Cravins Irons Smith Mr. President Fields, W Malone Dardenne Jones, B Tarver Bajoie Fontenot Marionneaux Dean Jones, C Theunissen Barham Gautreaux McPherson Dupre Lambert Thomas Cain Heitmeier Michot Ellington Lentini Ullo Campbell Hines Mount Total—36 Chaisson Hollis Romero NAYS Cravins Hoyt Schedler Dardenne Irons Smith Total—0 Dean Jones, B Tarver ABSENT Dupre Jones, C Theunissen Ellington Lambert Thomas Page 72 SENATE 39th DAY'S PROCEEDINGS June 11, 2001

Bean Hines Johnson The bill was read by title. Senator Hoyt moved the final passage Total—3 of the bill.

The Chair declared the bill was passed. The title was read and ROLL CALL adopted. Senator Ullo 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. 1209— YEAS BY REPRESENTATIVE LANCASTER AN ACT Mr. President Fields, W Marionneaux To amend and reenact R.S. 49:992(E) and (F) and to enact R.S. Bajoie Fontenot McPherson 49:992(G), relative to the failure of a state department, agency, Barham Gautreaux Michot or other entity to conduct adjudications as required by law; to Boissiere Heitmeier Mount provide for attorney fees in a successful suit; to provide for a Cain Hines Romero civil action to require that a state government entity conduct an Campbell Hollis Schedler adjudication using the division of administrative law; and to Chaisson Hoyt Smith provide for related matters. Cravins Irons Tarver Dardenne Jones, B Theunissen The bill was read by title. Senator Dardenne moved the final Dean Jones, C Thomas passage of the bill. Dupre Lambert Ullo Ellington Lentini ROLL CALL Fields, C Malone Total—37 The roll was called with the following result: NAYS

YEAS Total—0 ABSENT Bajoie Fontenot Marionneaux Barham Gautreaux McPherson Bean Johnson Cain Heitmeier Michot Total—2 Campbell Hines Mount Chaisson Hollis Romero The Chair declared the bill was passed. Cravins Hoyt Schedler Dardenne Irons Smith Reconsidered Dean Jones, B Tarver Dupre Jones, C Theunissen Ellington Lambert Thomas On motion of Senator Hoyt the vote by which the bill was just Fields, C Lentini Ullo passed was reconsidered. Fields, W Malone HOUSE BILL NO. 1216— Total—35 BY REPRESENTATIVE FRITH NAYS AN ACT To enact R.S. 40:1300.143(3)(a)(iv) and (v), relative to the Rural Boissiere Hospital Preservation Act; to add certain hospitals to the Total—1 definition of rural hospital; to provide an effective date; and to ABSENT provide for related matter

Mr. President Bean Johnson Floor Amendments Sent Up Total—3 Senator Campbell sent up floor amendments which were read. The Chair declared the bill was passed. The title was read and adopted. Senator Dardenne moved to reconsider the vote by which SENATE FLOOR AMENDMENTS the bill was passed and laid the motion on the table. Amendments proposed by Senator Campbell to Engrossed House HOUSE BILL NO. 1216— BY REPRESENTATIVE FRITH Bill No. 1216 by Representative Frith AN ACT To enact R.S. 40:1300.143(3)(a)(iv) and (v), relative to the Rural AMENDMENT NO. 1 Hospital Preservation Act; to add certain hospitals to the On page 1, line 14, change "June 30, 2000" to "May 1, 2001" definition of rural hospital; to provide an effective date; and to provide for related matters. Senator Campbell moved the adoption of the amendments. 39th DAY'S PROCEEDINGS Page 73 SENATE June 11, 2001

Senator Hoyt objected Dardenne McPherson Total—4 ROLL CALL The Chair declared the amended bill was passed. The title was The roll was called with the following result: read and adopted. Senator Hoyt moved to reconsider the vote by which the bill was passed and laid the motion on the table. YEAS HOUSE BILL NO. 1227— Boissiere Fields, C Malone BY REPRESENTATIVE PINAC AN ACT Cain Fields, W Marionneaux To amend and reenact R.S. 6:415 and 416(B)(1), relative to Campbell Gautreaux Smith prohibited loan practices; to delete certain prohibitions; to Chaisson Heitmeier Tarver provide for discretionary penalties; and to provide for related Cravins Irons Theunissen matters. Dean Jones, B Thomas Dupre Lambert The bill was read by title. Senator Michot moved the final Ellington Lentini passage of the bill. Total—22 NAYS ROLL CALL Mr. President Hollis Mount Dardenne Hoyt Romero The roll was called with the following result: Fontenot Jones, C Ullo Hines Michot YEAS Total—11 ABSENT Bajoie Fontenot McPherson Barham Gautreaux Michot Bajoie Bean McPherson Boissiere Heitmeier Mount Barham Johnson Schedler Cain Hines Romero Total—6 Campbell Hollis Schedler Chaisson Hoyt Smith The Chair declared the amendments were adopted. Cravins Irons Tarver Dardenne Jones, C Theunissen The bill was read by title. Senator Hoyt moved final passage of Dupre Lambert Thomas the amended bill. Ellington Lentini Ullo Fields, C Malone ROLL CALL Fields, W Marionneaux Total—34 NAYS The roll was called with the following result: Dean YEAS Total—1 ABSENT Mr. President Fields, W Malone Bajoie Fontenot Marionneaux Mr. President Johnson Barham Gautreaux Michot Bean Jones, B Boissiere Heitmeier Mount Total—4 Cain Hines Romero Campbell Hollis Schedler The Chair declared the bill was passed. The title was read and Chaisson Hoyt Smith adopted. Senator Michot moved to reconsider the vote by which the Cravins Irons Tarver bill was passed and laid the motion on the table. Dean Jones, B Theunissen Dupre Jones, C Thomas HOUSE BILL NO. 1233— Ellington Lambert Ullo BY REPRESENTATIVE PINAC Fields, C Lentini AN ACT Total—35 To amend and reenact R.S. 6:290, 793, and 1310, relative to financial NAYS institutions; to provide for annual directors' examinations; to provide for promulgation of rules; and to provide for related Total—0 matters. ABSENT The bill was read by title. Senator Hollis moved the final Bean Johnson passage of the bill. Page 74 SENATE 39th DAY'S PROCEEDINGS June 11, 2001

Ellington Lambert Thomas ROLL CALL Fields, W Lentini Ullo Total—36 The roll was called with the following result: NAYS

YEAS Total—0 ABSENT Mr. President Fields, W Malone Bajoie Fontenot Marionneaux Mr. President Bean Fields, C Barham Gautreaux McPherson Total—3 Boissiere Heitmeier Michot Cain Hines Mount The Chair declared the bill was passed. The title was read and Campbell Hollis Romero adopted. Senator Hollis moved to reconsider the vote by which the Chaisson Hoyt Schedler bill was passed and laid the motion on the table. Cravins Irons Smith Dardenne Johnson Tarver HOUSE BILL NO. 1238— Dean Jones, B Theunissen BY REPRESENTATIVE PINAC AN ACT Dupre Jones, C Thomas To amend and reenact R.S. 9:2130(A), relative to transfer of fiduciary Ellington Lambert Ullo accounts; to change the filing fee for transfer of fiduciary account Fields, C Lentini agreements; and to provide for related matters. Total—38 NAYS The bill was read by title. Senator Hollis moved the final

passage of the bill. Total—0 ABSENT ROLL CALL Bean Total—1 The roll was called with the following result:

The Chair declared the bill was passed. The title was read and YEAS adopted. Senator Hollis moved to reconsider the vote by which the bill was passed and laid the motion on the table. Bajoie Fields, W Malone Barham Fontenot Marionneaux HOUSE BILL NO. 1237— Boissiere Gautreaux McPherson BY REPRESENTATIVE PINAC Cain Heitmeier Michot AN ACT Campbell Hines Mount To enact R.S. 6:121.8, relative to financial institutions; to make Chaisson Hollis Romero unlawful the submission of false information on certain Cravins Hoyt Schedler applications to the commissioner; to provide for certain Dardenne Johnson Smith penalties; and to provide for related matters. Dean Jones, B Tarver Dupre Jones, C Theunissen The bill was read by title. Senator Hollis moved the final Ellington Lambert Thomas passage of the bill. Fields, C Lentini Ullo Total—36 ROLL CALL NAYS

The roll was called with the following result: Total—0 ABSENT YEAS Mr. President Bean Irons Bajoie Fontenot Malone Total—3 Barham Gautreaux Marionneaux Boissiere Heitmeier McPherson The Chair declared the bill was passed. The title was read and Cain Hines Michot adopted. Senator Hollis moved to reconsider the vote by which the Campbell Hollis Mount bill was passed and laid the motion on the table. Chaisson Hoyt Romero Cravins Irons Schedler Dardenne Johnson Smith Dean Jones, B Tarver Dupre Jones, C Theunissen 39th DAY'S PROCEEDINGS Page 75 SENATE June 11, 2001

HOUSE BILL NO. 1250— HOUSE BILL NO. 1254— BY REPRESENTATIVES DEVILLIER, MCMAINS, AND QUEZAIRE AND BY REPRESENTATIVES CLARKSON, ALARIO, DAMICO, ODINET, SENATOR GAUTREAUX TOOMY, AND TUCKER AN ACT AN ACT To enact R.S. 40:1300.143(3)(a)(iv), relative to the Rural Hospital To enact R.S. 44:4(29), relative to exemptions from the public Preservation Act; to add certain hospital facilities to the records law; to provide that the personal information of toll definition of rural hospital; to provide an effective date; and to patrons of the Crescent City Connection and the Greater New provide for related matters. Orleans Expressway is exempt from the public records law; and to provide for related matters. Floor Amendments Sent Up The bill was read by title. Senator Heitmeier moved the final Senator Campbell sent up floor amendments which were read. passage of the bill.

SENATE FLOOR AMENDMENTS ROLL CALL

Amendments proposed by Senator Campbell to Engrossed House Bill The roll was called with the following result: No. 1250 by Representative Devillier YEAS AMENDMENT NO. 1 On page 1, line 16, change "July 1, 1994" to "May 1, 2001" Bajoie Gautreaux Marionneaux Boissiere Heitmeier Mount On motion of Senator Campbell, the amendments were adopted. Cain Hines Romero Campbell Hoyt Schedler The bill was read by title. Senator Gautreaux moved final Chaisson Irons Smith passage of the amended bill. Cravins Johnson Tarver Dardenne Jones, B Theunissen ROLL CALL Fields, C Jones, C Thomas Fields, W Lentini Ullo The roll was called with the following result: Fontenot Malone Total—29 YEAS NAYS

Bajoie Fontenot Marionneaux Mr. President Dean Michot Barham Gautreaux McPherson Barham Ellington Boissiere Heitmeier Michot Total—5 Cain Hines Mount ABSENT Campbell Hollis Romero Chaisson Hoyt Schedler Bean Hollis McPherson Cravins Irons Smith Dupre Lambert Dardenne Johnson Tarver Total—5 Dean Jones, B Theunissen Dupre Jones, C Thomas The Chair declared the bill was passed. The title was read and Ellington Lambert Ullo adopted. Senator Heitmeier moved to reconsider the vote by which Fields, C Lentini the bill was passed and laid the motion on the table. Fields, W Malone Total—37 Personal Privilege NAYS Senator Cain asked for and obtained the floor of the Senate on a Total—0 point of personal privilege, and stated he had voted in error on House ABSENT Bill No. 1254. He voted yea on the bill and had intended to vote nay. He asked that the Official Journal so state. Mr. President Bean Total—2 HOUSE BILL NO. 1289— BY REPRESENTATIVE PINAC The Chair declared the amended bill was passed. The title was AN ACT read and adopted. Senator Gautreaux moved to reconsider the vote To enact R.S. 6:532(10.1), relative to bank structure; to provide for by which the bill was passed and laid the motion on the table. definitions; to repeal certain criteria for determining whether to grant a certificate of authority for a branch office; and to provide for related matters. Page 76 SENATE 39th DAY'S PROCEEDINGS June 11, 2001

The bill was read by title. Senator Michot moved the final Cravins Johnson Smith passage of the bill. Dardenne Jones, B Tarver Dean Jones, C Theunissen ROLL CALL Dupre Lambert Thomas Ellington Lentini Ullo The roll was called with the following result: Fields, C Malone Total—35 YEAS NAYS

Bajoie Fontenot Marionneaux Total—0 Barham Gautreaux McPherson ABSENT Boissiere Heitmeier Michot Cain Hines Mount Mr. President Hines Campbell Hollis Romero Bean Irons Chaisson Hoyt Schedler Total—4 Cravins Johnson Smith Dardenne Jones, B Tarver The Chair declared the bill was passed. The title was read and Dupre Jones, C Theunissen adopted. Senator Hollis moved to reconsider the vote by which the Ellington Lambert Thomas bill was passed and laid the motion on the table. Fields, C Lentini Ullo Fields, W Malone HOUSE BILL NO. 1436— Total—35 BY REPRESENTATIVE PINAC AN ACT NAYS To amend and reenact R.S. 6:1083(6) and (12)(b), 1087(B)(10) and (12), (C)(1)(a), (2)(a) and (d), (D)(3), and (E), 1088(C)(1)(a), Dean (E)(3) and (4) and (F), 1090(B)(1), 1091(A), 1092(C), 1096(B), Total—1 1098(A) and (B), and R.S. 9:3560(A)(10), to enact R.S. ABSENT 6:1087(F), 1088(F)(5), 1089(B)(3), 1090(E), (F), and (G), 1092(G) and (H), 1096(H), and 1099, and to repeal R.S. Mr. President Bean Irons 6:1083(7.1) and 1087(C)(2)(b), 1088(B), 1093(C), and Total—3 1095(A)(2), relative to the Residential Mortgage Lending Act; to provide for definitions; to provide for licensure requirements, The Chair declared the bill was passed. The title was read and exemptions, fees, and renewals; to provide for lending adopted. Senator Michot moved to reconsider the vote by which the restrictions; to provide for recordkeeping; to provide for refunds bill was passed and laid the motion on the table. of authorized fees to consumers; to provide for disclosure statements; to provide for loan brokerage contracts; to provide HOUSE BILL NO. 1313— BY REPRESENTATIVE PINAC for criminal penalties; and to provide for related matters. AN ACT To amend and reenact R.S. 6:243(B)(2) and (4), and Floor Amendments Sent Up (D)(1)(introductory paragraph), 822(3)(d), and 1230(A) and to enact R.S. 6:243(D)(1)(c) relative to financial institutions; to Senator Heitmeier sent up floor amendments which were read. provide for the holding of immovable property by certain financial institutions; to provide for property valuations and SENATE FLOOR AMENDMENTS appraisals; and to provide for related matters. Amendments proposed by Senator Heitmeier to Reengrossed House The bill was read by title. Senator Hollis moved the final Bill No. 1436 by Representative Pinac passage of the bill. AMENDMENT NO. 1 ROLL CALL On page 1, line 6, change "and (H)" to "(H), and (I)"

The roll was called with the following result: AMENDMENT NO. 2 On page 2, line 1, change "and (H)" to "(H), and (I)" YEAS AMENDMENT NO. 3 Bajoie Fields, W Marionneaux On page 12, between lines 4 and 5, insert the following: Barham Fontenot McPherson Boissiere Gautreaux Michot "I. The commissioner may share information about any Cain Heitmeier Mount particular entity which is chartered, licensed, or registered by the Campbell Hollis Romero commissioner with any state or federal agency having concurrent Chaisson Hoyt Schedler 39th DAY'S PROCEEDINGS Page 77 SENATE June 11, 2001 jurisdiction over such entity with the Office of Financial Institutions." ROLL CALL

On motion of Senator Heitmeier, the amendments were adopted. The roll was called with the following result:

The bill was read by title. Senator Hollis moved final passage of YEAS the amended bill. Mr. President Fields, W McPherson ROLL CALL Bajoie Gautreaux Michot Barham Heitmeier Mount The roll was called with the following result: Boissiere Hines Romero Cain Hollis Schedler YEAS Campbell Irons Smith Chaisson Johnson Tarver Bajoie Fields, W Malone Cravins Jones, B Theunissen Barham Fontenot Marionneaux Dardenne Jones, C Thomas Boissiere Gautreaux McPherson Dean Lambert Ullo Cain Heitmeier Michot Ellington Lentini Campbell Hines Mount Fields, C Marionneaux Chaisson Hollis Romero Total—34 Cravins Hoyt Schedler NAYS Dardenne Johnson Smith Dean Jones, B Tarver Dupre Hoyt Dupre Jones, C Theunissen Fontenot Malone Ellington Lambert Thomas Total—4 Fields, C Lentini Ullo ABSENT Total—36 NAYS Bean Total—1 Total—0 ABSENT The Chair declared the bill was passed. The title was read and adopted. Senator Bajoie moved to reconsider the vote by which the Mr. President Bean Irons bill was passed and laid the motion on the table. Total—3 HOUSE BILL NO. 1520— The Chair declared the amended bill was passed. The title was BY REPRESENTATIVE PINAC read and adopted. Senator Hollis moved to reconsider the vote by AN ACT which the bill was passed and laid the motion on the table. To enact R.S. 9:3565(E), relative to notification fees; to provide for payment of fees and penalties prior to issuance of a new license; HOUSE BILL NO. 1517— and to provide for related matters. BY REPRESENTATIVE CLARKSON AN ACT The bill was read by title. Senator Hollis moved the final To enact Chapter 28-A of Title 46 of the Louisiana Revised Statutes passage of the bill. of 1950, to be comprised of R.S. 46:2151, relative to dating violence; to provide that victims of dating partners are entitled ROLL CALL to the same benefits as family and household members under the Protection from Family Violence Act; to provide for the The roll was called with the following result: definition of a "dating partner"; and to provide for related matters. YEAS

Motion Bajoie Fontenot Marionneaux Barham Gautreaux McPherson Senator Cravins moved the previous question on the entire Boissiere Heitmeier Michot subject matter. Cain Hines Mount Campbell Hollis Romero Without objection, so ordered. Chaisson Irons Schedler Dardenne Johnson Smith The bill was read by title. Senator Bajoie moved the final Dean Jones, B Tarver passage of the bill. Dupre Jones, C Theunissen Ellington Lambert Thomas Fields, C Lentini Ullo Page 78 SENATE 39th DAY'S PROCEEDINGS June 11, 2001

Fields, W Malone The Chair declared the bill was passed. The title was read and Total—35 adopted. Senator Schedler moved to reconsider the vote by which the NAYS bill was passed and laid the motion on the table.

Total—0 HOUSE BILL NO. 1620— ABSENT BY REPRESENTATIVE PINAC AN ACT Mr. President Cravins To enact R.S. 6:121.7, relative to troubled financial institutions and Bean Hoyt holding companies; to allow the addition of directors and Total—4 executive officers; to provide for definitions; to provide for notice; and to provide for related matters. The Chair declared the bill was passed. The title was read and adopted. Senator Hollis moved to reconsider the vote by which the The bill was read by title. Senator Hollis moved the final bill was passed and laid the motion on the table. passage of the bill.

HOUSE BILL NO. 1589— ROLL CALL BY REPRESENTATIVE R. ALEXANDER AN ACT The roll was called with the following result: To amend and reenact R.S. 40:1235(A)(2)(b) and (B)(2), and to enact R.S. 40:1235(A)(2)(d), and to repeal R.S. 40:1231(18) and YEAS 1235(B)(1), (D)(1)(b) and (d), and (E), relative to qualifications and standards for ambulances; to delete references to invalid Bajoie Fontenot McPherson coaches; to prohibit transportation of someone on a stretcher Barham Gautreaux Michot unless in an ambulance; to delete exemptions for certain Boissiere Heitmeier Mount ambulances owned and operated by licensed hospitals; to delete Cain Hollis Romero the authority of parishes and municipalities to elect not to Campbell Hoyt Schedler comply; and to provide for related matters. Chaisson Irons Smith Dardenne Johnson Tarver The bill was read by title. Senator Schedler moved the final Dean Jones, B Theunissen passage of the bill. Dupre Jones, C Thomas Ellington Lambert Ullo ROLL CALL Fields, C Lentini Fields, W Malone The roll was called with the following result: Total—34 NAYS YEAS Total—0 Bajoie Fontenot Marionneaux ABSENT Barham Gautreaux Michot Boissiere Heitmeier Mount Mr. President Cravins Marionneaux Cain Hines Romero Bean Hines Campbell Hollis Schedler Total—5 Chaisson Irons Smith Dardenne Johnson Tarver The Chair declared the bill was passed. The title was read and Dean Jones, B Theunissen adopted. Senator Hollis moved to reconsider the vote by which the Dupre Jones, C Thomas bill was passed and laid the motion on the table. Ellington Lambert Ullo Fields, C Lentini HOUSE BILL NO. 1668— Fields, W Malone BY REPRESENTATIVE PINAC Total—34 AN ACT NAYS To amend and reenact R.S. 6:1137(N) and 1163(A)(1), relative to savings banks; to provide for definitions; to provide for articles Total—0 of incorporation; and to provide for related matters. ABSENT The bill was read by title. Senator Michot moved the final Mr. President Cravins McPherson passage of the bill. Bean Hoyt Total—5 39th DAY'S PROCEEDINGS Page 79 SENATE June 11, 2001

ROLL CALL On page 1, line 4, delete “R.S. 6:234(A)(3)” and insert “R.S. 6:103(B)(8)(a), 234(A)(3)” The roll was called with the following result: AMENDMENT NO. 3 YEAS On page 1, line 9, after “liabilities;” insert “to provide for the records of the office of financial institutions;” Bajoie Fontenot Marionneaux Barham Gautreaux McPherson AMENDMENT NO. 4 Boissiere Heitmeier Michot On page 1, line 12, delete “R.S. 6:213(A)(2)” and insert “R.S. Cain Hines Mount 6:103(C), 213(A)(2)” Campbell Hollis Romero Chaisson Hoyt Schedler AMENDMENT NO. 5 Dardenne Johnson Smith On page 1, line 14, delete “R.S. 6:234(A)(3)” and insert “R.S. Dean Jones, B Tarver 6:103(B)(8)(a), 234(A)(3)” Dupre Jones, C Theunissen Ellington Lambert Thomas AMENDMENT NO. 6 Fields, C Lentini Ullo On page 1, after line 15, insert the following: Fields, W Malone Total—35 “§103. Records of the office of financial institutions NAYS * * * B. The commissioner, in his sole discretion, may disclose or Total—0 cause the employees of the office of financial institutions to disclose: ABSENT * * * (8)(a) Information about a certified public accountant, real estate Mr. President Cravins appraiser, or attorney to their respective boards and associations. Bean Irons * * * Total—4 C. Records made by the office shall be retained by the office for seven years. except those records that pertain to the internal business The Chair declared the bill was passed. The title was read and operations of the office. adopted. Senator Michot moved to reconsider the vote by which the * * *” bill was passed and laid the motion on the table. On motion of Senator Heitmeier, the amendments were adopted. HOUSE BILL NO. 1673— BY REPRESENTATIVE PINAC The bill was read by title. Senator Michot moved final passage AN ACT of the amended bill. To amend and reenact R.S. 6:213(A)(2), 215(C), 254(A)(introductory paragraph) and (B)(introductory paragraph), 263, and ROLL CALL 365.1(A)(1) and to enact R.S. 6:234(A)(3), 261(C), 365(A)(2)(c), 366(E), and 367, relative to state banks; to The roll was called with the following result: provide for articles of incorporation and amendments thereto; to provide for capital stock; to provide for stock-purchase YEAS rights; to provide for an increase in capital; to provide for cash dividends; to provide for conversions and mergers of certain Bajoie Fontenot Malone institutions; to provide for purchase of assets and liabilities; and Barham Gautreaux McPherson to provide for related matters. Cain Heitmeier Michot Campbell Hines Mount Floor Amendments Sent Up Chaisson Hollis Romero Dardenne Hoyt Schedler Senator Heitmeier sent up floor amendments which were read. Dean Johnson Smith Dupre Jones, B Tarver SENATE FLOOR AMENDMENTS Ellington Jones, C Theunissen Fields, C Lambert Thomas Amendments proposed by Senator Heitmeier to Reengrossed House Fields, W Lentini Ullo Bill No. 1673 by Representative Pinac Total—33 NAYS AMENDMENT NO. 1 On page 1, line 2, delete “R.S. 6:213(A)(2)” and insert “R.S. Marionneaux 6:103(C), 213(A)(2)” Total—1 ABSENT AMENDMENT NO. 2 Page 80 SENATE 39th DAY'S PROCEEDINGS June 11, 2001

Mr. President Boissiere Irons Dean Mount Bean Cravins Total—2 Total—5 ABSENT

The Chair declared the amended bill was passed. The title was Mr. President Irons read and adopted. Senator Michot moved to reconsider the vote by Bean Jones, B which the bill was passed and laid the motion on the table. Total—4

HOUSE BILL NO. 1719— The Chair declared the amended bill was passed. The title was BY REPRESENTATIVE R. ALEXANDER read and adopted. Senator B. Jones moved to reconsider the vote by AN ACT which the bill was passed and laid the motion on the table. To amend and reenact R.S. 39:198(D)(introductory paragraph), (3), and (9) and 1514(A)(1)(b), and to enact R.S. 39:1514(A)(1)(e), HOUSE BILL NO. 1749— relative to multiyear contracts; to authorize the Department of BY REPRESENTATIVE DURAND Health and Hospitals to enter into ten-year contracts for fiscal AN ACT intermediary services; to authorize such department to enter into To amend and reenact R.S. 17:436.1(B)(1)(a) and (c) and (4) and (H) five-year contracts for the administration of the Medicaid early and to enact R.S. 17:436.1(I), relative to advanced practice periodic screening diagnosis and treatment program (EPSDT), registered nurses; to provide for authorization to order school primary care case management (PCCM), and home and nurses to administer medication to students; to include advanced community-based services waivers; and to provide for related practice registered nurses in the definition of authorized matters. prescriber; and to provide for related matters.

Floor Amendments Sent Up The bill was read by title. Senator Hines moved the final passage of the bill. Senator B. Jones sent up floor amendments which were read. ROLL CALL SENATE FLOOR AMENDMENTS The roll was called with the following result: Amendments proposed by Senator BJones to Reengrossed House Bill No. 1719 by Representative Alexander YEAS

AMENDMENT NO. 1 Bajoie Fontenot McPherson Delete Senate Committee Amendments 1 through 7, proposed by the Barham Gautreaux Michot Senate Health and Welfare Committee and adopted by the Senate on Boissiere Heitmeier Mount May 24, 2001 Cain Hines Romero Campbell Hollis Schedler On motion of Senator B. Jones, the amendments were adopted. Chaisson Hoyt Smith Cravins Irons Tarver The bill was read by title. Senator B. Jones moved final passage Dardenne Johnson Theunissen of the amended bill. Dean Jones, C Thomas Dupre Lambert Ullo ROLL CALL Fields, C Lentini Fields, W Malone The roll was called with the following result: Total—34 NAYS YEAS Total—0 Bajoie Fields, W Malone ABSENT Barham Fontenot Marionneaux Boissiere Gautreaux McPherson Mr. President Ellington Marionneaux Cain Heitmeier Michot Bean Jones, B Campbell Hines Romero Total—5 Chaisson Hollis Schedler Cravins Hoyt Smith The Chair declared the bill was passed. The title was read and Dardenne Johnson Tarver adopted. Senator Hines moved to reconsider the vote by which the Dupre Jones, C Theunissen bill was passed and laid the motion on the table. Ellington Lambert Thomas Fields, C Lentini Ullo Total—33 NAYS 39th DAY'S PROCEEDINGS Page 81 SENATE June 11, 2001

HOUSE BILL NO. 1750— Barham Fontenot McPherson BY REPRESENTATIVE PINAC Boissiere Gautreaux Michot AN ACT Cain Heitmeier Mount To amend and reenact R.S. 6:282(A), (B), (C)(1), 285(A), 714(A), Campbell Hines Romero and 1188(C) and to repeal R.S. 6:1188(D), relative to financial Chaisson Hollis Schedler institutions; to require election of a chairman of the board of Cravins Hoyt Smith directors; and to provide for related matters. Dardenne Johnson Tarver Dean Jones, C Theunissen The bill was read by title. Senator Michot moved the final Dupre Lambert Thomas passage of the bill. Ellington Lentini Ullo Fields, C Malone ROLL CALL Total—35 NAYS The roll was called with the following result: Total—0 YEAS ABSENT

Bajoie Fields, W Malone Mr. President Irons Barham Fontenot McPherson Bean Jones, B Boissiere Gautreaux Michot Total—4 Cain Heitmeier Mount Campbell Hines Romero The Chair declared the bill was passed. The title was read and Chaisson Hollis Schedler adopted. Senator Hines moved to reconsider the vote by which the Cravins Hoyt Smith bill was passed and laid the motion on the table. Dardenne Johnson Tarver Dean Jones, B Theunissen HOUSE BILL NO. 1843— Dupre Jones, C Thomas BY REPRESENTATIVES DARTEZ AND KATZ Ellington Lambert Ullo AN ACT Fields, C Lentini To amend and reenact R.S. 37:1102 and 1103 and to enact R.S. Total—35 37:1105(G) and 1116 through 1124, relative to marriage and NAYS family therapy; to provide for legislative findings and purpose; to provide for definitions; to create and provide for the Marriage Marionneaux and Family Therapy Advisory Committee and its powers and Total—1 duties; to provide for licensure of marriage and family therapists ABSENT and exemptions from licensure; to provide for prohibited acts and penalties; and to provide for related matters. Mr. President Bean Irons Total—3 Floor Amendments Sent Up

The Chair declared the bill was passed. The title was read and Senator B. Jones sent up floor amendments which were read. adopted. Senator Michot moved to reconsider the vote by which the bill was passed and laid the motion on the table. SENATE FLOOR AMENDMENTS

HOUSE BILL NO. 1776— Amendments proposed by Senator B. Jones to Reengrossed House BY REPRESENTATIVE DURAND Bill No. 1843 by Representatives Dartez and Katz AN ACT To amend and reenact R.S. 37:3200(3), relative to licensed radiologic AMENDMENT NO. 1 technologists; to include advanced practice registered nurses in On page 1, line 2, after "37:1102" change "and" to "," and after the definition of "licensed practitioner"; and to provide for "1103" insert "and 1104(A) and (B)" related matters. AMENDMENT NO. 2 The bill was read by title. Senator Hines moved the final On page 1, line 2, change "1124" to "1122" passage of the bill. AMENDMENT NO. 3 ROLL CALL On page 1, line 11 after "37:1102" change "and" to "," and after "1103" insert "and 1104(A) and (B)" The roll was called with the following result: AMENDMENT NO. 4 YEAS On page 1, line 12, change "1124" to "1122"

Bajoie Fields, W Marionneaux Page 82 SENATE 39th DAY'S PROCEEDINGS June 11, 2001

AMENDMENT NO. 5 (iv) Maintain complete records of all meetings, proceedings, and On page 5, line 13, after "supervision" insert "for a licensed marriage hearings conducted by the advisory committee. and family therapist" (d) The non-board member shall serve a term of three years. * * *" AMENDMENT NO. 6 On page 5, line 17, after "institution" insert "for a licensed marriage AMENDMENT NO. 8 and family therapist" On page 6, delete lines 5 through 26 and delete pages 7 and 8 in their entirety AMENDMENT NO. 7 On page 5, between lines 22 and 23, insert the following: AMENDMENT NO. 9 On page 9, delete lines 1 through 15 "§1104. Louisiana Licensed Professional Counselors Board of Examiners AMENDMENT NO. 10 A. There is hereby created in the Department of Health and On page 9, line 16, change "1118" to "1116" Hospitals the Louisiana Licensed Professional Counselors Board of Examiners, hereafter referred to as the "board", consisting of seven AMENDMENT NO. 11 nine members, who shall be residents of the state of Louisiana. Each On page 10, line 22, after "institution" insert "as defined in R.S. term shall be for four years. Seven appointments to the board shall 37:1103(12)" be made by the governor from a list of qualified candidates submitted by the executive board of the Louisiana Counseling Association. Two AMENDMENT NO. 12 appointments to the board shall be made by the governor from On page 10, line 23, after "institution" insert "as defined in R.S. a list of qualified candidates submitted by the Louisiana 37:1103(12)" Association of Marriage and Family Therapy. Each appointment by the governor shall be submitted to the Senate for confirmation. AMENDMENT NO. 13 B.(1) The membership of the board shall consist of three On page 11, line 2, after "supervision" insert "as defined in R.S. licensed professional counselors, three educators who are licensed 37:1103(11)" professional counselors and whose function is the training of mental health counselors in accredited programs, two licensed marriage AMENDMENT NO. 14 and family therapists and one individual from the public at large. On page 11, line 5, change "1119" to "1117" The professional membership of the board shall be licensed under this Chapter. The board shall perform such duties and exercise such AMENDMENT NO. 15 powers as this Chapter prescribes and confers upon it. No member On page 11, line 21, change "1120" to "1118" of the board shall be liable in any civil action for any act performed in good faith in the execution of his duties under this Chapter. AMENDMENT NO. 16 On page 12, line 10, change "1121" to "1119" R.S. 37:1104(B)(2) is all proposed new law. (2)(a) The Licensed Professional Counselor board shall establish a AMENDMENT NO. 17 Marriage and Family Therapy Advisory Committee, which shall On page 12, line 19, change "1122" to "1120" consist of the two board members appointed by the governor from a list of names submitted by the Louisiana Association of Marriage and AMENDMENT NO. 18 Family and one additional non-board member appointed by the On page 14, line 4, change "1123" to "1121" governor from a list of names submitted by the Louisiana Association of Marriage and Family Therapy. AMENDMENT NO. 19 (b) The functions of the advisory committee shall be established On page 15, line 4, change "1124" to "1122" by rules and regulations developed by the advisory committee, promulgated by the board, and approved jointly by the House & On motion of Senator B. Jones, the amendments were adopted. Senate Health and Welfare Committee. (c) The functions and duties of the advisory board may include Floor Amendments Sent Up but are not limited to the following: (i) Develop rules and regulations in accordance with the Senator B. Jones sent up floor amendments which were read. Administrative Procedure Act as it may deem necessary to implement the provisions of this Chapter for promulgation and SENATE FLOOR AMENDMENTS implementation by the board. (ii) Examine and qualify all applicants for licensure as marriage Amendments proposed by Senator B. Jones to Reengrossed House and family therapists and recommend to the board each successful Bill No. 1843 by Representative Dartez and Katz applicant for licensure, attesting to his professional qualifications to be a marriage and family therapist. AMENDMENT NO. 1 (iii) Develop for the board application forms for licensure On page 3, line 12, between "of" and "family" insert pursuant to this Chapter. "psychotherapeutic and" 39th DAY'S PROCEEDINGS Page 83 SENATE June 11, 2001

AMENDMENT NO. 2 Bajoie Fontenot Malone On page 3, line 13, after "families." delete the remainder of the line Barham Gautreaux Marionneaux Boissiere Heitmeier McPherson AMENDMENT NO. 3 Cain Hines Michot On page 3, delete lines 14 through 17 in their entirety Chaisson Hollis Mount Cravins Hoyt Romero On motion of Senator B. Jones, the amendments were adopted. Dardenne Irons Schedler Dean Johnson Smith The bill was read by title. Senator B. Jones moved final passage Dupre Jones, B Tarver of the amended bill. Ellington Jones, C Theunissen Fields, C Lambert Thomas ROLL CALL Fields, W Lentini Ullo Total—36 The roll was called with the following result: NAYS

YEAS Total—0 ABSENT Bajoie Fontenot Lentini Barham Gautreaux Malone Mr. President Bean Campbell Boissiere Heitmeier Michot Total—3 Cain Hines Mount Chaisson Hollis Romero The Chair declared the bill was passed. The title was read and Cravins Hoyt Schedler adopted. Senator Ullo moved to reconsider the vote by which the bill Dardenne Irons Smith was passed and laid the motion on the table. Dupre Johnson Tarver Ellington Jones, B Theunissen HOUSE BILL NO. 1886— Fields, C Jones, C Thomas BY REPRESENTATIVE JOHNS AN ACT Fields, W Lambert Ullo To enact R.S. 44:4(29), relative to records of the Louisiana Board of Total—33 Pharmacy; to except certain records from the laws relative to NAYS public records; and to provide for related matters. Dean Total—1 Floor Amendments Sent Up ABSENT Senator McPherson sent up floor amendments which were read. Mr. President Campbell McPherson Bean Marionneaux SENATE FLOOR AMENDMENTS Total—5 Amendments proposed by Senator McPherson to Engrossed House The Chair declared the amended bill was passed. The title was Bill No. 1886 by Representative Johns read and adopted. Senator B. Jones moved to reconsider the vote by which the bill was passed and laid the motion on the table. AMENDMENT NO. 1 On page1, line 2, delete "To enact R.S. 44:4(29), relative to" and HOUSE BILL NO. 1857— insert the following: BY REPRESENTATIVE LANCASTER AN ACT "To amend and reenact R.S. 37:1241(A)(17) and to enact R.S. To enact R.S. 24:513(I)(1)(c)(i)(cc), relative to the audit of a justice 37:1226.1 and R.S. 44:4(29), relative to pharmacy; to prohibit of the peace and a constable of a justice of the peace court; to prescription drugs from being accepted for return, exchange, or provide for the manner of auditing the financial statements of a redispensing after removal from a pharmacy premises unless certain justice of the peace and a constable of a justice of the peace requirements are met; to authorize certain drugs to be transferred court; and to provide for related matters. from a facility licensed by the Department of Health and Hospitals to a provisional, permitted pharmacy under certain procedures; to The bill was read by title. Senator Ullo moved the final passage limit the grounds for sanction to certain instances for selecting an of the bill. equivalent drug product if the practitioner instructs otherwise; to provide for the" ROLL CALL AMENDMENT NO. 2 The roll was called with the following result: On page 1, line 6, after "Section 1." delete the remainder of the line and insert the following: YEAS Page 84 SENATE 39th DAY'S PROCEEDINGS June 11, 2001

"R.S. 37:1226.1 is hereby enacted to read as follows: * * *

§1226.1. Prescription drug returns, exchanges, and redispensing; (17)(a) Has knowingly selected an equivalent drug product if prohibition; exceptions; transfers to provisional the practitioner or authorized prescriber instructs otherwise by any permitted pharmacies means, on the prescription drug order. by either of the following: (i) On a written prescription drug order, handwriting a mark in A. Any drugs dispensed on prescription to a patient shall not a check-off box labeled with "Dispense as Written", or the be accepted for return, exchange, or redispensing by any pharmacist abbreviation "DAW", or both, and personally handwriting his or pharmacy after such drugs have been removed from the pharmacy signature on a printed-single-signature line. A written prescription premises where they were dispensed except: drug order shall indicate the practitioner's or authorized prescriber's (1) In a hospital with a permitted hospital pharmacy on site, name, licensure designation, and practice affiliation, if any. drugs may be returned to the pharmacy in accordance with good (ii) On an oral prescription, verbally indicating that a specific professional practice standards. brand name drug or product is ordered by the practitioner or (2)(a) In facilities licensed by the Department of Health and authorized prescriber or his agent. The pharmacist shall note such Hospitals where United States Pharmacopeia (USP) storage information on the file copy of the prescription. requirements can be assured, legend drugs, except controlled (b) The patient shall be informed of, and consent to, the substances, dispensed in unit dose or in individually sealed doses equivalent drug product interchange when the practitioner or may be transferred to a provisional permitted pharmacy for relabeling authorized prescriber permits the equivalent drug product and dispensing to the indigent, free of charge, pursuant to a valid interchange. prescription order. (c) In order to comply with 42 CFR 447.332, for prescriptions (b) The pharmacist-in-charge of the provisional permitted reimbursable by Medicaid or Medicare, the practitioner or authorized pharmacy shall be responsible to determine the suitability of the prescriber may only prohibit equivalent drug product interchange by product for reuse. handwriting the words "brand medically necessary" or "brand (i) No product where integrity cannot be assured shall be necessary" directly on the written prescription drug order or on a accepted for redispensing by the pharmacist. sheet attached to the prescription. Recipients of Medicaid or (ii) A redispensed prescription medication shall be assigned the Medicare prescription benefits demonstrate implied consent by their expiration date stated on the package. participation in the program, provided the practitioner or authorized (iii) No product shall be redispensed more than one time. prescriber has not prohibited equivalent drug product interchange in B.(1) Pursuant to a voluntary agreement between a facility the manner specified in Subparagraph (a) of this Paragraph. licensed by the Department of Health and Hospitals and a pharmacy holding a provisional permit from the Louisiana Board of Pharmacy, * * * legend drugs, except controlled substances, may be transferred from the facility to the pharmacy provided the following procedures are Section 3. R.S. 44:4(29) is hereby enacted to read as satisfied: follows: (a) The physical transfer shall be accomplished by a person authorized to do so by the provisional permitted pharmacy. AMENDMENT NO. 3 (b) The patient’s name, prescription number, and any other On page 2, at the end of line 3, insert the following: identifying marks shall be obliterated from the packaging prior to removal from the facility. "Section 4. The provisions of Section 2 of this Act shall become (c) The drug name, strength, and expiration date shall remain on effective on January 1, 2002." the medication package label. (d) An inventory list of the drugs shall accompany the drugs On motion of Senator McPherson, the amendments were being transferred. At a minimum, the list shall contain the medication adopted. name, strength, expiration date, and quantity. (2) Expired drugs shall not be transferred and personnel The bill was read by title. Senator Romero moved final passage designated by the facility shall destroy them on-site. of the amended bill.

Section 2. R.S. 37:1241(A)(17) is hereby amended and reenacted ROLL CALL to read as follows: The roll was called with the following result: §1241. Refusal, restriction, suspension, or revocation of license YEAS A. The board may, after due notice and hearing, assess a fine not to exceed the sum of five thousand dollars for each offense, refuse Bajoie Fontenot Marionneaux to license, register, certify, or permit any applicant, refuse to renew Barham Gautreaux Michot the license or permit of any person, or may revoke, summarily Boissiere Heitmeier Mount suspend, suspend, place on probation, reprimand, issue a warning Cain Hines Romero against the person who was issued the license, registration, certificate, Campbell Hollis Schedler permit, or any other designation deemed necessary to engage in the Chaisson Hoyt Smith practice of pharmacy upon proof that the person: Cravins Irons Tarver 39th DAY'S PROCEEDINGS Page 85 SENATE June 11, 2001

Dardenne Johnson Theunissen AMENDMENT NO. 6 Dupre Jones, C Thomas On page on 3, line 10, after "within" delete "one year" and insert "six Ellington Lambert Ullo months" Fields, C Lentini Fields, W Malone AMENDMENT NO. 7 Total—34 On page 3, between lines 11 and 12, insert the following: NAYS "(2) In the event that a rural hospital submits a claim for health Dean care services to a health insurance insurer more than sixty days after Total—1 the date of service, the provisions of R.S. 22:250.31 through 250.33, ABSENT 250.35, and 250.37 of that Part shall not apply. In this event, a health insurance issuer shall be allowed sixty days from the date of Mr. President Jones, B receipt to process and pay an eligible claim." Bean McPherson Total—4 Senator Schedler moved adoption of the amendments.

The Chair declared the amended bill was passed. The title was Senator Hoyt objected. read and adopted. Senator Romero moved to reconsider the vote by which the bill was passed and laid the motion on the table. ROLL CALL

HOUSE BILL NO. 1907— The roll was called with the following result: BY REPRESENTATIVE FRITH AN ACT YEAS To amend and reenact R.S. 22:215.18(H) and to enact R.S. 22:215.18(A)(7) and (I), 250.31(7), and 250.34(C), relative to Bajoie Lentini Schedler health insurance claims; to provide with respect to payment of Boissiere Michot Tarver claims submitted by rural hospitals; and to provide for related Cravins Mount matters. Jones, C Romero Total—10 Floor Amendments Sent Up NAYS

Senator Schedler sent up floor amendments which were read. Cain Fontenot Lambert Campbell Gautreaux Malone SENATE FLOOR AMENDMENTS Chaisson Heitmeier Marionneaux Dean Hines McPherson Amendments proposed by Senator Schedler to Engrossed House Bill Dupre Hollis Smith No. 1907 by Representative Frith Ellington Hoyt Theunissen Fields, C Johnson Thomas AMENDMENT NO. 1 Fields, W Jones, B Ullo On page 2, line 7, after "H." add "(1)" Total—24 ABSENT AMENDMENT NO. 2 On page 2, line 11, after "within" delete "one year" and insert "six Mr. President Bean Irons months" Barham Dardenne Total—5 AMENDMENT NO. 3 On page 2, between lines 12 and 13, insert the following: The Chair declared the amendments were rejected.

"(2) In the event that a rural hospital submits a claim for health The bill was read by title. Senator Hoyt moved the final passage care services to a health insurance insurer more than sixty days after of the bill. the date of service, the provisions of R.S. 22:250.31 through 250.33, 250.35, and 250.37 shall not apply. In this event, a health insurance ROLL CALL issuer shall be allowed sixty days from the date of receipt to process and pay an eligible claim." The roll was called with the following result: AMENDMENT NO. 4 YEAS On page 3, line 7, after "C." add "(1)" Mr. President Fields, W Malone AMENDMENT NO. 5 Bajoie Fontenot Marionneaux On page 3, line 8, after "insurance" delete "insurer" and insert "issuer" Barham Gautreaux McPherson Page 86 SENATE 39th DAY'S PROCEEDINGS June 11, 2001

Boissiere Heitmeier Michot Total—3 Cain Hines Mount Campbell Hollis Romero The Chair declared the bill was passed. The title was read and Chaisson Hoyt Schedler adopted. Senator Heitmeier moved to reconsider the vote by which Cravins Irons Smith the bill was passed and laid the motion on the table. Dardenne Johnson Tarver Dean Jones, B Theunissen HOUSE BILL NO. 1935— Dupre Jones, C Thomas BY REPRESENTATIVE LANCASTER Ellington Lambert Ullo AN ACT Fields, C Lentini To amend and reenact R.S. 18:1491.6(D)(1) and to enact R.S. Total—38 18:1491.6(I), relative to reporting pursuant to the Campaign NAYS Finance Disclosure Act; to provide with regard to the reports required by the Campaign Finance Disclosure Act; and to Total—0 provide for related matters. ABSENT The bill was read by title. Senator Ullo moved the final passage Bean of the bill. Total—1 ROLL CALL The Chair declared the bill was passed. The title was read and adopted. Senator Hoyt 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. 1924— BY REPRESENTATIVES PINAC, LAFLEUR, AND MURRAY Bajoie Fields, W Lentini AN ACT Barham Fontenot Malone To amend and reenact R.S. 6:965(C) and 966(A) and (D) through (M) Boissiere Gautreaux Marionneaux and to repeal R.S. 6:966(N), relative to the procedure for Cain Heitmeier Michot repossession of motor vehicles under the Louisiana Motor Campbell Hines Mount Vehicle Sales Finance Act; and to provide for related matters. Chaisson Hollis Romero Cravins Hoyt Schedler The bill was read by title. Senator Heitmeier moved the final Dardenne Irons Smith passage of the bill. Dean Johnson Tarver Dupre Jones, B Theunissen ROLL CALL Ellington Jones, C Thomas Fields, C Lambert Ullo The roll was called with the following result: Total—36 NAYS YEAS Total—0 Bajoie Fontenot Malone ABSENT Barham Gautreaux McPherson Boissiere Heitmeier Michot Mr. President Bean McPherson Cain Hines Mount Total—3 Campbell Hollis Romero Chaisson Hoyt Smith The Chair declared the bill was passed. The title was read and Cravins Johnson Tarver adopted. Senator Ullo moved to reconsider the vote by which the bill Dardenne Jones, B Theunissen was passed and laid the motion on the table. Dean Jones, C Thomas Dupre Lambert Ullo HOUSE BILL NO. 2051 (Substitute Bill for House Bill No. Ellington Lentini 1486 by Representative Pinac)— Total—32 BY REPRESENTATIVE PINAC NAYS AN ACT To amend and reenact R.S. 51:1923(2), (3), and (7), 1924(A), (B), Fields, C Irons (D)(2)(introductory paragraph) and (a) and (4), and (G), 1925, Fields, W Marionneaux 1926(D), (F)(1)(introductory paragraph), (2), and (3), (G)(2), Total—4 and (H), 1927(A), (B), and (C)(introductory paragraph) and (5), ABSENT 1928(A) and (B)(1) and (2), 1929(introductory paragraph) and (6), 1929.1(A), 1931, 1932(A), and 1934 and to enact R.S. Mr. President Bean Schedler 51:1922.1 and 1923(10), relative to the office of financial institutions; to provide relative to the Louisiana Capital 39th DAY'S PROCEEDINGS Page 87 SENATE June 11, 2001

Companies Tax Credit Program; to provide relative to the companies; to provide for an effective date; and to provide for administration of the program between the Department of related matters. Economic Development and the Office of Financial Institutions; to provide for definitions; to provide relative to tax credits; to The bill was read by title. Senator B. Jones moved the final provide relative to certification and continuance of certification passage of the bill. of capital companies; to prohibit certain activities; to provide relative to decertification; to provide for the promulgation of ROLL CALL rules and regulations; to provide relative to advisory opinions; to provide for termination of the program; to provide for certain The roll was called with the following result: tax exemptions; and to provide for related matters. YEAS The bill was read by title. Senator Hollis moved the final passage of the bill. Mr. President Fields, W Malone Bajoie Fontenot Marionneaux ROLL CALL Barham Gautreaux McPherson Boissiere Heitmeier Michot The roll was called with the following result: Cain Hines Mount Campbell Hollis Romero YEAS Chaisson Hoyt Schedler Cravins Irons Smith Bajoie Fields, W Lentini Dardenne Johnson Tarver Barham Fontenot Malone Dean Jones, B Theunissen Boissiere Gautreaux Marionneaux Dupre Jones, C Thomas Cain Heitmeier McPherson Ellington Lambert Ullo Campbell Hines Michot Fields, C Lentini Chaisson Hollis Mount Total—38 Cravins Hoyt Romero NAYS Dardenne Irons Schedler Dean Johnson Smith Total—0 Dupre Jones, B Tarver ABSENT Ellington Jones, C Thomas Fields, C Lambert Ullo Bean Total—36 Total—1 NAYS The Chair declared the bill was passed. The title was read and Total—0 adopted. Senator B. Jones moved to reconsider the vote by which ABSENT the bill was passed and laid the motion on the table.

Mr. President Bean Theunissen Rules Suspended Total—3 Senator Dardenne asked for and obtained a suspension of the The Chair declared the bill was passed. The title was read and rules for the purpose of reverting to the order of adopted. Senator Hollis moved to reconsider the vote by which the bill was passed and laid the motion on the table. Senate Bills and Joint Resolutions Returned from the House Mr. President in the Chair of Representatives with Amendments, Subject to Call Rules Suspended The following Senate Bills and Joint Resolutions returned from Senator B. Jones asked for and obtained a suspension of the the House of Representatives subjcet to call with amendments were rules for the purpose of calling House Bill No. 990 out of its regular taken up and acted upon as follows: order on third reading and final passage and taking it up at this time.

HOUSE BILL NO. 990— Called from the Calendar BY REPRESENTATIVE HAMMETT AN ACT Senator Dardenne asked that Senate Bill No. 632 be called from To amend and reenact R.S. 47:114(B), relative to the individual the Calendar at this time. income tax; to provide for semimonthly electronic filing of withholding tax returns and payments by certain third party Page 88 SENATE 39th DAY'S PROCEEDINGS June 11, 2001

SENATE BILL NO. 632— On page 22, line 15, after "Trust" and before the period "." insert BY SENATOR DARDENNE "except as provided in R.S. 39:99.12B.(3)" AN ACT To enact Subpart F of Part II-A of Chapter 1 of Subtitle 1 of Title 39 Senator Dardenne moved to concur in the amendments proposed of the Louisiana Revised Statutes of 1950, to be comprised of by the House. R.S. 39:99.1 through 99.20, relative to tobacco settlement financing; to provide for legislative findings and intent; to ROLL CALL provide for definitions; to create the Tobacco Settlement Financing Corporation and to provide for a board; to provide for The roll was called with the following result: staffing of the corporation; to provide for tax exemptions; to provide for bond validation actions; to provide for the sale of YEAS certain tobacco assets; to provide for the issuance of bonds and for the security for payment of bonds; to provide for ancillary Bajoie Gautreaux McPherson contracts and swaps; and to provide for related matters. Barham Heitmeier Michot Boissiere Hines Mount The bill was read by title. Returned from the House of Cain Hollis Romero Representatives with the following amendments: Chaisson Hoyt Schedler Cravins Irons Smith HOUSE COMMITTEE AMENDMENTS Dardenne Johnson Tarver Dean Jones, B Theunissen Amendments proposed by House Committee on Ways and Means Dupre Jones, C Thomas to Reengrossed Senate Bill No. 632 by Senator Dardenne Ellington Lambert Ullo Fontenot Lentini AMENDMENT NO. 1 Total—32 On page 7, at the end of line 8, delete "except" and delete line 9 in its NAYS entirety Campbell Fields, W Marionneaux AMENDMENT NO. 2 Fields, C Malone On page 7, delete line 10 in its entirety and insert "as designated by Total—5 the" ABSENT AMENDMENT NO. 3 Mr. President Bean On page 7, line 13, after "Members" delete the remainder of the line Total—2 and on line 14 delete "service" The Chair declared the amendments proposed by the House AMENDMENT NO. 4 were concurred in. Senator Dardenne moved to reconsider the vote On page 7, line 19, delete "two hundred dollars" and insert "the by which the amendments were concurred in and laid the motion on amount of per diem authorized for members of the legislature" the table. AMENDMENT NO. 5 On page 8, line 6, change "Four" to "Seven" Called from the Calendar

AMENDMENT NO. 6 Senator Schedler asked that Senate Bill No. 750 be called from On page 10, line 19, after "years" and before "the" change "from" to the Calendar at this time. "after" SENATE BILL NO. 750— BY SENATOR SCHEDLER AMENDMENT NO. 7 AN ACT On page 12, line 22, after "date" and before "one" change "which" to To enact R.S. 40:1299.44(C)(9), relative to the patient's "that is" compensation fund; to provide for self-insured health care providers; to provide for removal from petition; and to provide AMENDMENT NO. 8 for related matters. On page 13, line 24, after "to" and before "percent" change "forty" to "sixty" The bill was read by title. Returned from the House of Representatives with the following amendments: AMENDMENT NO. 9 On page 14, line 1, after "to" and before "percent" change "forty" to HOUSE FLOOR AMENDMENTS "sixty" Amendments proposed by Representative Schneider to Engrossed AMENDMENT NO. 10 Senate Bill No. 750 by Senator Schedler 39th DAY'S PROCEEDINGS Page 89 SENATE June 11, 2001

AMENDMENT NO. 1 House Bills and Joint Resolutions on On page 1, between lines 6 and 7, insert the following: Third Reading and Final Passage, Resumed "§1299.44. Patient's Compensation Fund * * * The following House Bills and Joint Resolutions on third reading C. If the insurer of a health care provider or a self-insured health and final passage were taken up and acted upon as follows: care provider has agreed to settle its liability on a claim against its insured and claimant is demanding an amount in excess thereof from HOUSE BILL NO. 42— the patient's compensation fund for a complete and final release, then BY REPRESENTATIVES DOWNER AND CLARKSON the following procedure must be following: AN ACT * * *" To amend and reenact R.S. 9:3261(B) and to enact R.S. 9:3261(A)(5), relative to leases; to provide for the rights of military personnel AMENDMENT NO. 2 when terminating a residential lease in certain circumstances; to On page 1, line 10, after "for" and before the comma "," change "any provide for submission of certain documents to the lessor; and future claim" to "such claim or any other claim arising from the same to provide for related matters. cause of action" The bill was read by title. Senator Romero moved the final AMENDMENT NO. 3 passage of the bill. On page 1, line 11, after "petition" delete the remainder of the line and insert a comma "," and add the following: "and his name shall be ROLL CALL removed from any judgment that is rendered in the proceeding. Such release shall be filed with the clerk" The roll was called with the following result:

Senator Schedler moved to concur in the amendments proposed YEAS by the House. Barham Fontenot Malone ROLL CALL Boissiere Gautreaux Marionneaux Cain Heitmeier McPherson The roll was called with the following result: Campbell Hines Michot Chaisson Hollis Mount YEAS Cravins Hoyt Romero Dardenne Irons Schedler Bajoie Fontenot Marionneaux Dean Johnson Smith Barham Gautreaux McPherson Dupre Jones, B Tarver Boissiere Heitmeier Michot Ellington Jones, C Theunissen Cain Hines Mount Fields, C Lambert Thomas Campbell Hollis Romero Fields, W Lentini Ullo Chaisson Hoyt Schedler Total—36 Cravins Irons Smith NAYS Dardenne Johnson Tarver Dean Jones, B Theunissen Total—0 Dupre Jones, C Thomas ABSENT Ellington Lambert Ullo Fields, C Lentini Mr. President Bajoie Bean Fields, W Malone Total—3 Total—37 NAYS The Chair declared the bill was passed. The title was read and adopted. Senator Romero moved to reconsider the vote by which the Total—0 bill was passed and laid the motion on the table. ABSENT HOUSE BILL NO. 57— Mr. President Bean BY REPRESENTATIVES ANSARDI AND BOWLER Total—2 AN ACT To repeal R.S. 13:4751(C)(2)(d), relative to the petition for name The Chair declared the amendments proposed by the House change of a minor; to remove the requirement of service of were concurred in. Senator Schedler moved to reconsider the vote by process when a parent has failed to communicate without just which the amendments were concurred in and laid the motion on the cause for ten years. table. The bill was read by title. Senator Lentini moved the final passage of the bill. Page 90 SENATE 39th DAY'S PROCEEDINGS June 11, 2001

Dupre Jones, C Thomas ROLL CALL Ellington Lambert Ullo Fields, C Lentini The roll was called with the following result: Total—38 NAYS YEAS Total—0 Bajoie Fontenot Marionneaux ABSENT Barham Gautreaux McPherson Boissiere Heitmeier Michot Bean Cain Hines Mount Total—1 Campbell Hollis Romero Chaisson Hoyt Schedler The Chair declared the bill was passed. The title was read and Cravins Irons Smith adopted. Senator Thomas moved to reconsider the vote by which the Dardenne Johnson Tarver bill was passed and laid the motion on the table. Dean Jones, B Theunissen Dupre Jones, C Thomas HOUSE BILL NO. 101— Ellington Lambert Ullo BY REPRESENTATIVE HILL AN ACT Fields, C Lentini To amend and reenact Civil Code Article 2347 and to enact R.S. Fields, W Malone 3:4278.2(F), relative to community property; to require the Total—37 concurrence of both spouses for the alienation, encumbrance, NAYS lease, or harvest of community timber; and to provide for related

matters. Total—0 ABSENT The bill was read by title. Senator Cain moved the final passage of the bill. Mr. President Bean Total—2 ROLL CALL The Chair declared the bill was passed. The title was read and adopted. Senator Lentini 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. 98— BY REPRESENTATIVE R. CARTER Mr. President Fields, C Malone AN ACT Bajoie Fontenot Marionneaux To amend and reenact R.S. 8:655(A)(1), relative to the right of Barham Gautreaux McPherson disposal of human remains; to provide for preference of a Boissiere Heitmeier Mount surviving spouse subject to certain conditions; and to provide Cain Hines Romero for related matters. Campbell Hollis Schedler Chaisson Hoyt Smith The bill was read by title. Senator Thomas moved the final Cravins Irons Tarver passage of the bill. Dardenne Johnson Theunissen Dean Jones, C Thomas ROLL CALL Dupre Lambert Ullo Ellington Lentini The roll was called with the following result: Total—35 NAYS YEAS Total—0 Mr. President Fields, W Malone ABSENT Bajoie Fontenot Marionneaux Barham Gautreaux McPherson Bean Jones, B Boissiere Heitmeier Michot Fields, W Michot Cain Hines Mount Total—4 Campbell Hollis Romero Chaisson Hoyt Schedler The Chair declared the bill was passed. The title was read and Cravins Irons Smith adopted. Senator Cain moved to reconsider the vote by which the bill Dardenne Johnson Tarver was passed and laid the motion on the table. Dean Jones, B Theunissen 39th DAY'S PROCEEDINGS Page 91 SENATE June 11, 2001

HOUSE BILL NO. 102— Dardenne Jones, B Theunissen BY REPRESENTATIVE MURRAY Dean Malone Thomas AN ACT Ellington Michot To amend and reenact R.S. 13:691(A) and to enact R.S. 13:691(B)(6), Total—17 relative to district court judges; to provide for an additional ABSENT salary for each of the chief judges of a district court; and to provide for related matters. Mr. President Hines Ullo Bean Marionneaux Floor Amendments Sent Up Total—5

Senator Ellington sent up floor amendments which were read. The Chair declared the amended bill failed to pass.

SENATE FLOOR AMENDMENTS Notice of Reconsideration

Amendments proposed by Senator Ellington to Reengrossed House Senator Johnson, pursuant to Senate Rule Number 11.12, gave Bill No. 102 by Representative Murray notice that before the expiration of the Morning Hour of the next succeeding legislative day of the Senate, he would move to reconsider AMENDMENT NO. 1 the vote by which the bill failed to pass. On page 2, line 6, after "Orleans" change "shall" to "may" HOUSE BILL NO. 234— On motion of Senator Ellington, the amendments were adopted. BY REPRESENTATIVE PERKINS AN ACT Floor Amendments Sent Up To amend and reenact R.S. 9:237, relative to matrimonial regime laws; to provide for the license-issuing officer to deliver to each Senator Johnson sent up floor amendments which were read. prospective spouse a summary of the covenant marriage law; and to provide for related matters. SENATE FLOOR AMENDMENTS The bill was read by title. Senator Fontenot moved the final Amendments proposed by Senator Johnson to Reengrossed House passage of the bill. Bill No. 102 by Representative Murray ROLL CALL AMENDMENT NO. 1 On page 2, line 15, after "judges." insert: "The provisions of this The roll was called with the following result: Paragraph shall only apply to judges who are currently on the bench and serving and shall terminate upon their retirement or replacement YEAS as chief judge." Bajoie Fields, W Malone On motion of Senator Johnson, the amendments were adopted. Barham Fontenot McPherson Boissiere Gautreaux Michot The bill was read by title. Senator Johnson moved final passage Cain Heitmeier Mount of the amended bill. Campbell Hollis Romero Chaisson Hoyt Schedler ROLL CALL Cravins Irons Smith Dardenne Johnson Tarver The roll was called with the following result: Dean Jones, B Theunissen Dupre Jones, C Thomas YEAS Ellington Lambert Ullo Fields, C Lentini Bajoie Fields, W Lambert Total—35 Boissiere Fontenot Lentini NAYS Chaisson Gautreaux McPherson Cravins Heitmeier Romero Total—0 Dupre Johnson Tarver ABSENT Fields, C Jones, C Total—17 Mr. President Hines NAYS Bean Marionneaux Total—4 Barham Hollis Mount Cain Hoyt Schedler Campbell Irons Smith Page 92 SENATE 39th DAY'S PROCEEDINGS June 11, 2001

The Chair declared the bill was passed. The title was read and The President of the Senate appointed on the Conference adopted. Senator Fontenot moved to reconsider the vote by which Committee on House Concurrent Resolution No. 92 the following the bill was passed and laid the motion on the table. members of the Senate: Senators Gautreaux, Romero and Malone.

HOUSE BILL NO. 255— Appointment of Conference Committee BY REPRESENTATIVE DIEZ AN ACT on Senate Bill No. 511 To amend and reenact R.S. 48:251(B) and 252(A)(introductory paragraph), relative to the Department of Transportation and The President of the Senate appointed the following members to Development; to provide relative to contracts for construction confer with a like committee from the House for the purpose of and maintenance projects; to increase the contract limit for such considering the disagreement on Senate Bill No. 511: Senators projects; to increase the minimum aggregate estimated cost of Lentini, Fontenot and Chaisson. contracts over which the department must send invitations for quotations; and to provide for related matters. Appointment of Conference Committee on House Bill No. 1796 The bill was read by title. Senator Heitmeier moved the final passage of the bill. The President of the Senate appointed on the Conference Committee on House Bill No. 1796 the following members of the ROLL CALL Senate: Senators Ullo, Hoyt and Hainkel.

The roll was called with the following result: Messages from the House

YEAS The following Messages from the House were received and read as follows: Mr. President Fields, W Malone Bajoie Fontenot McPherson Message from the House Barham Gautreaux Michot Boissiere Heitmeier Mount HOUSE CONFEREES APPOINTED Cain Hollis Romero Campbell Hoyt Schedler June 11, 2001 Chaisson Irons Smith Dardenne Johnson Tarver To the Honorable President and Members of the Senate: Dean Jones, B Theunissen Dupre Jones, C Ullo I am directed to inform your honorable body that the Speaker of Ellington Lambert the House of Representatives has appointed the following members, Fields, C Lentini on the part of the House of Representatives, to confer, with a like Total—34 committee from the Senate, on the disagreement to Senate Bill No. NAYS 239 by Senator Lentini:

Total—0 Representatives Hunter, Martiny and Bruneau. ABSENT Respectfully submitted, Bean Hines Thomas ALFRED W. SPEER Cravins Marionneaux Clerk of the House of Representatives Total—5 Message from the House The Chair declared the bill was passed. The title was read and adopted. Senator Heitmeier moved to reconsider the vote by which PASSED SENATE BILLS AND the bill was passed and laid the motion on the table. JOINT RESOLUTIONS

Rules Suspended June 11, 2001

Senator Ullo asked for and obtained a suspension of the rules for To the Honorable President and Members of the Senate: the purpose of reverting to the Morning Hour. I am directed to inform your honorable body that the House of Appointment of Conference Committee Representatives has finally passed the following Senate Bills and on House Concurrent Resolution No. 92 Joint Resolutions: 39th DAY'S PROCEEDINGS Page 93 SENATE June 11, 2001

SENATE BILL NO. 678— Reported with amendments. BY SENATORS B. JONES, DARDENNE AND GAUTREAUX AND REPRESENTATIVES HAMMETT, LANCASTER, MONTGOMERY AND GARY SMITH SENATE BILL NO. 196— AN ACT BY SENATOR ULLO To amend and reenact R.S. 26:78(A), 80(A)(10) and (E), 86, 278(A), AN ACT 280(A)(9) and (E), and 283, R.S. 27:306(F) and (H)1, and To amend and reenact R.S. 14:40.2(A), (B)(1)(a), and (C)(1), relative 310(B)(1)(e), R.S. 39:1594(G), R.S. 47:9050(B)(2), and to crimes; to redefine the crime of stalking; to increase the 9060(D), and to enact R.S. 38:2216(N), R.S. 39:1498(A)(10) penalty for such crime; to prohibit suspension of penalty for and 1616(5), R.S. 47:9(C), and R.S. 48:255(G), relative to tax such crime except under certain circumstances; to provide clearances; to expand the need for tax clearances to certain relative to definitions; and to provide for related matters. businesses and certain taxes; to require a tax clearance upon the renewal of certain licenses; and to provide for related matters. Reported with amendments. SENATE BILL NO. 992— Reported with amendments. BY SENATOR ULLO AN ACT SENATE BILL NO. 1104 (Substitute for Senate Bill 666 by To amend and reenact Children's Code Art. 791.1, the introductory Senator B. Jones, et Al)— paragraph of Art. 791.2 and Art. 791.4, to enact Children's Code BY SENATORS B. JONES, DARDENNE AND GAUTREAUX AND REPRESENTATIVES LANCASTER, MONTGOMERY AND GARY SMITH Art. 791.5, and to repeal Sections 2 and 3 of Act No. 1372 of AN ACT the 1999 Regular Session of the Legislature, relative to truancy To enact R.S. 47:1516.1, relative to the Department of Revenue; to and assessment and service centers; to authorize the creation of authorize the secretary to enter into contracts with debt a truancy and assessment and service center in certain judicial collection agencies for the collection of certain in-state tax districts encompassing the parishes of Bossier, Iberia, Lafayette liabilities; to provide for an effective date; and to provide for and Ouachita; to extend the period of effectiveness for the pilot related matters. program; to extend the period for reporting; and to provide for related matters. Reported with amendments. Reported with amendments. SENATE BILL NO. 109— BY SENATORS HINES AND SCHEDLER SENATE BILL NO. 965— AN ACT BY SENATORS HOYT, MCPHERSON AND THEUNISSEN AND To amend and reenact R.S. 37:1007(A)(1) and(A)(2)(c) and to enact REPRESENTATIVE DANIEL R.S. 37:1007(A)(2)(a)(xiv), (xv), (xvi), and (xvii), relative to the AN ACT Nurse Supply and Demand Commission; to increase the To enact R.S. 36:4(V) and Chapter 13-C of Title 38 of the Louisiana membership of the commission; to change the voting Revised Statutes of 1950, comprised of R.S. 38:3099.1 through requirements for adding members to the commission; and to 3099.4, relative to ground water resources in the state of provide for related matters. Louisiana; to create the Ground Water Management Commission in the office of the governor; to create the Ground Water Reported with amendments. Management Advisory Task Force; to provide for the powers, duties, functions, and responsibilities of each of these entities as SENATE BILL NO. 885— they relate to ground water management; to provide for adoption BY SENATOR MARIONNEAUX of rules and regulations for the determination of critical ground AN ACT water areas and possible limitation of access to ground water To amend and reenact Code of Criminal Procedure Art. 345(B), (C), sources and response to emergency situations; to require the and (D)(2), relative to letters of incarceration after detention of development of a plan for implementation of a statewide a defendant relative to forfeiture of bond; to authorize issuance comprehensive ground water management system; to provide for of such letters by any officer of the facility where the defendant the Louisiana Geological Survey; and to provide for related is incarcerated; to provide relative to proof of defendant's matters. incarceration; to provide relative to conditions required to satisfy judgment of bond forfeiture; and to provide for related Reported with amendments. matters. SENATE BILL NO. 748— Reported with amendments. BY SENATOR C. JONES AN ACT SENATE BILL NO. 1029— To amend and reenact R.S. 15:804(C), relative to prison districts; to BY SENATORS C. FIELDS AND SCHEDLER continue the membership of the board of governors of prison AN ACT districts in certain parishes; and to provide for related matters. To amend and reenact R.S. 49:321(C) and (D)(1) and to enact R.S. 49:321(A)(4), relative to security for deposit of state funds; to Reported with amendments. authorize the use of deposit guaranty bonds as security for deposits of state funds; and to provide for related matters. Page 94 SENATE 39th DAY'S PROCEEDINGS June 11, 2001

SENATE BILL NO. 990— SENATE BILL NO. 300— BY SENATOR C. JONES BY SENATOR CHAISSON AN ACT AN ACT To enact R.S. 33:2740.51, relative to special taxing districts; to create To amend and reenact R.S. 13:2589(A), relative to justice of the the Southside Economic Development District in the City of peace courts; to require a minimum monthly salary to be paid Monroe; and to provide for related matters. from the parish governing authority for certain justices of the peace and constables; to require attendance at the Justice of the Reported with amendments. Peace Training Course to receive such salary; and to provide for related matters. SENATE BILL NO. 1022— BY SENATOR JOHNSON Reported with amendments. AN ACT To amend and reenact R.S. 33:9033.3(A), relative to sales tax SENATE BILL NO. 655— incremental financing in certain municipalities; to provide that BY SENATOR DEAN certain municipalities may implement sales tax increment AN ACT financing for certain economic development projects; to provide To enact R.S. 3:2859, relative to the adoption and donation of for an effective date; and to provide for related matters. unclaimed horses; to authorize the adoption and donation of unclaimed horses; to provide for the establishment of adoption Reported with amendments. and donation guidelines; and to provide for related matters.

SENATE BILL NO. 191— Reported with amendments. BY SENATOR MICHOT AN ACT SENATE BILL NO. 1061— To enact R.S. 47:463.4(B)(5), relative to special license plates; to BY SENATOR ROMERO provide for the issuance of an additional hang tag for a mobility AN ACT impaired person under certain conditions; and to provide for To authorize and empower the state land office to sell the state's related matters. undivided interest in a certain parcel of land in St. Martin Parish at public auction; and to provide for related matters. Reported with amendments. Reported with amendments. SENATE BILL NO. 1041— BY SENATOR SCHEDLER SENATE BILL NO. 1060— AN ACT BY SENATOR ROMERO To enact R.S. 11:153(H), relative to the Municipal Police Employees' AN ACT Retirement System; to authorize members with a vested military To authorize the secretary of the Department of Public Safety and benefit to purchase credit for military service; and to provide for Corrections to exchange certain property in Lafayette Parish related matters. with Adrian Vega; to provide for property descriptions; to provide for reservation of mineral rights; to provide for terms Reported with amendments. and conditions; and to provide for related matters.

SENATE BILL NO. 1073— Reported with amendments. BY SENATORS ELLINGTON AND SMITH AN ACT SENATE BILL NO. 1064— To amend and reenact R.S. 56:578.11, relative to the labeling of BY SENATOR HAINKEL catfish packaging; to provide for the labeling of the country of AN ACT origin; to define farm-raised; and to provide for related matters. To enact R.S. 24:31.10 and 31.11, relative to expense allowances for legislators; to increase the monthly expense allowance in Reported with amendments. connection with the holding or conduct of office; to provide an effective date; and to provide for related matters. SENATE BILL NO. 1072— BY SENATORS B. JONES, HEITMEIER, BARHAM BEAN, CAIN, CHAISSON, Reported with amendments. DARDENNE, DEAN, DUPRE, ELLINGTON, FONTENOT, GAUTREAUX, HAINKEL, HINES, C. JONES, LENTINI, SCHEDLER, SMITH, THEUNISSEN, THOMAS AND ULLO SENATE BILL NO. 855— AN ACT BY SENATORS SCHEDLER, BAJOIE, MOUNT AND IRONS AND To repeal R.S. 17:71.3(E)(2)(d) and (3), relative to reapportionment REPRESENTATIVES TRICHE AND SCHWEGMANN of school boards; to repeal certain provisions relative to AN ACT subdivision of precincts to create certain school board districts; To enact R.S. 28:821(D) and 826, relative to community and family to allow certain school boards to divide precincts for the support systems; to create the Disability Services and Supports purpose of reapportionment; and to provide for related matters. System Planning Group; to provide for the membership of the planning group; to provide for the duties and functions of the Reported with amendments. planning group; to provide for expiration; and to provide for related matters. 39th DAY'S PROCEEDINGS Page 95 SENATE June 11, 2001

Reported with amendments. decrease certain agricultural preferences; and to provide for related matters. SENATE BILL NO. 865— BY SENATOR THOMAS Reported with amendments. AN ACT To enact R.S. 22:230.5, relative to health insurance coverage; to SENATE BILL NO. 616— provide with respect to health insurance benefits and options BY SENATOR HEITMEIER mandated by law; to provide for actuarial cost analysis and AN ACT periodic reevaluations of statutory mandates; and to provide for To amend and reenact R.S. 33:1975 and to enact R.S. 40:1392(C) and related matters. (D), relative to bridges; to provide for an exemption to tolls on the Crescent City Connection Bridge at New Orleans; to provide Reported with amendments. for enforcement of toll violations by a video or photo monitoring system; and to provide for related matters. SENATE BILL NO. 905— BY SENATOR HAINKEL AND REPRESENTATIVE DEWITT Reported with amendments. AN ACT To enact R.S. 24:39, relative to the state capitol complex; to provide SENATE BILL NO. 508— for security services within the state capitol complex; to create BY SENATOR SCHEDLER and to provide for the membership, powers, and duties of the AN ACT Capitol Security Control Council; to authorize the council to To amend and reenact R.S. 46:2691(A) and to enact R.S. 46:2691(C), establish rules and to provide for the enforcement thereof; to relative to the Medicaid Trust Fund for the Elderly; to provide provide for the authority of public safety services within the for investment of monies in the fund; to authorize the treasurer Department of Public Safety and Corrections; to provide for to use investment earnings to pay expenses of outside traffic and parking infractions within the state capitol complex; investment managers; to authorize use of funds for to provide for vehicle impoundment and the imposition of administrative expenses of treasurer as costs; and to provide for penalties for traffic and parking infractions; to provide for the related matters. duties of the secretary of the Senate and the clerk of the House of Representatives; and to provide for related matters. Reported with amendments.

Reported with amendments. SENATE BILL NO. 445— BY SENATOR DARDENNE SENATE BILL NO. 496— AN ACT BY SENATOR SCHEDLER To enact Chapter 55 of Title 46 of the Louisiana Revised Statutes of AN ACT 1950, to be comprised of R.S. 46:2701 through 2704, relative to To amend and reenact R.S. 17:3801(C)(1) and 3802(C)(4), relative to reimbursement of nursing homes participating in the Medicaid the Louisiana Education Quality Trust Fund; to provide for use program; to provide for legislative findings and purpose; to of monies in the fund for payment of investment management establish a case mix reimbursement methodology for nursing and administrative costs; and to provide for related matters. homes; to provide for exclusion of certain services; to provide for establishment of a committee to develop a plan and to Reported with amendments. provide for committee duties and responsibilities; to provide for promulgation of rules and regulations; to provide for an effective SENATE BILL NO. 569— date; to provide for reporting; and to provide for related matters. BY SENATOR ULLO AN ACT Reported with amendments. To amend and reenact Section 3 of Act No. 666 of the 1997 Regular Session, as amended by Section 2 of Act No. 599 of the 1999 SENATE BILL NO. 626— Regular Session, and to amend and reenact R.S. 56:700.2(A)(4), BY SENATOR MICHOT relative to the Underwater Obstruction Removal Fund; to AN ACT provide for annual deposits into the fund for an additional three To amend and reenact R.S. 32:772(F)(9) relative to the Louisiana years; to provide for a termination date; and to provide for Used Motor Vehicle and Parts Commission; to provide related matters. conditions for participation in trade shows by non-licensed dealers; and to provide for related matters. Reported with amendments. Reported without amendments. SENATE BILL NO. 417— BY SENATORS SCHEDLER, GAUTREAUX, HOYT, MARIONNEAUX, SENATE BILL NO. 694— SMITH AND THOMAS BY SENATOR HOYT AN ACT AN ACT To amend and reenact R.S. 38:2251(C)(6), (D), (E), (G), and (H) and To enact R.S. 47:1414(D), relative to the state Board of Tax Appeals; R.S. 39:1595(C)(7) through (H), relative to certain Public Bid to provide that qualified, licensed enrolled agents be allowed to Law and central purchasing procurement preferences; to represent taxpayers in matters before the board; and to provide for related matters. Page 96 SENATE 39th DAY'S PROCEEDINGS June 11, 2001

Reported without amendments. SENATE BILL NO. 100— BY SENATOR C. JONES SENATE BILL NO. 212— AN ACT BY SENATOR IRONS To amend and reenact R.S. 33:2334(A) and (B), relative to fire and AN ACT police departments; to provide with respect to appearance bond To enact R.S. 17:282.3, relative to courses of instruction; to authorize fees payable to municipal chiefs of police; to increase the fee; to local school systems to offer instruction in personal financial provide for the disposition thereof; and to provide for related management in public schools; to require the State Board of matters. Elementary and Secondary Education to adopt rules and guidelines; to establish a clearinghouse of materials and best Reported without amendments. practices; and to provide for related matters. SENATE BILL NO. 477— Reported without amendments. BY SENATOR SMITH AN ACT SENATE BILL NO. 918— To enact R.S. 33:1448(I), relative to public officers; to provide with BY SENATOR HOYT respect to sheriffs; to provide for group insurance for sheriffs AN ACT and deputy sheriffs; to require the sheriff of Winn Parish to pay To enact R.S. 27:312(C)(1)(b)(iii), relative to the Video Draw Poker certain premium costs of specified group insurance for certain Devices; to provide for the redistribution of monies in the Video retired employees; to provide limitations; and to provide for Draw Poker Device Fund; and to provide for related matters. related matters.

Reported without amendments. Reported without amendments.

SENATE BILL NO. 733— SENATE BILL NO. 571— BY SENATORS B. JONES, CAMPBELL, CHAISSON, AND HINES BY SENATOR ULLO AN ACT AN ACT To amend and reenact R.S. 40:1509, relative to fire protection To amend and reenact R.S. 33:441(A), relative to mayor's courts in districts; to continue the authority for certain membership on Lawrason Act municipalities; to authorize the use of probation the board of fire protection districts within certain parishes; and in such courts; and to provide for related matters. to provide for related matters. Reported without amendments. Reported without amendments. SENATE BILL NO. 154— SENATE BILL NO. 998— BY SENATOR HAINKEL BY SENATOR B. JONES AN ACT AN ACT To amend and reenact R.S. 33:1559(A) and (B), relative to the To enact R.S. 25:214.3, relative to general libraries; to authorize the compensation of coroners; to permit rather than require the state Lincoln Parish Police Jury to add two additional members to the to provide supplemental compensation to coroners; and to parish library board of control; to establish terms for the new provide for related matters. members; and to provide for related matters. Reported without amendments. Reported without amendments. SENATE BILL NO. 487— SENATE BILL NO. 809— BY SENATOR BOISSIERE BY SENATOR DARDENNE AN ACT AN ACT To amend and reenact R.S. 11:3821(D), relative to the Employees' To enact R.S. 11:1335, relative to State Police Pension and Retirement System of the Sewerage and Water Board of New Retirement System; to authorize lump sum payment for Orleans; to change the percentage of the pension fund portfolio accumulated annual and sick leave that exceeds one hundred which may be invested in equities; and to provide for related percent of the retirement benefit; and to provide for related matters. matters. Reported without amendments. Reported without amendments. SENATE BILL NO. 654— SENATE BILL NO. 878— BY SENATOR SCHEDLER BY SENATOR MARIONNEAUX AN ACT AN ACT To amend and reenact R.S. 48:1309.2(A)(2), relative to road lighting To amend and reenact R.S. 15:89, relative to prescription of forfeiture districts; to continue the applicability of certain service charges judgment; to provide for a limitation on the obligation of certain of road lighting districts in certain parishes; and to provide for bail bonds; and to provide for related matters. related matters.

Reported without amendments. Reported without amendments. 39th DAY'S PROCEEDINGS Page 97 SENATE June 11, 2001

SENATE BILL NO. 284— SENATE BILL NO. 1040— BY SENATOR ROMERO BY SENATOR CRAVINS AN ACT AN ACT To amend and reenact R.S. 46:1053(B)(4), relative to Iberia Parish To amend and reenact R.S. 13:2105.1(A) and to enact R.S. Hospital Service District No. 1; to provide relative to the terms 13:2105.1(D), relative to the Opelousas City Court; to authorize of office of members of the board of commissioners of the an increase in the fee collected by the marshal for the service of district; and to provide for related matters. subpoenas in criminal matters; to provide relative to qualifications of the marshal; and to provide for related matters. Reported without amendments. Reported without amendments. SENATE BILL NO. 489— BY SENATOR LENTINI SENATE BILL NO. 964— AN ACT BY SENATOR BOISSIERE To enact R.S. 40:1299.39(E)(3) and 1299.41(E)(4), relative to medical AN ACT malpractice; to provide that medical malpractice claims shall To amend and reenact R.S. 22:1406.1, relative to fire and have priority on a court's trial docket; and to provide for related homeowners insurance; to create the Fair Access to Insurance matters. Requirements Plan; and to provide for related matters.

Reported without amendments. Reported without amendments.

SENATE BILL NO. 1027— SENATE BILL NO. 1043— BY SENATOR CHAISSON BY SENATORS SCHEDLER, BAJOIE, CHAISSON, DEAN, HINES, B. JONES AN ACT AND MOUNT To amend and reenact R.S. 13:352(C), relative to courts of appeal; to AN ACT provide with respect to clerks of courts of appeal; to provide for To enact R.S. 46:159.1, relative to hospice care for terminally ill the expenditure of the balance from fees collected by each clerk; persons; to provide for the development of a pilot project for and to provide for related matters. hospice care in the Medicaid program; to provide an effective date; and to provide for related matters. Reported without amendments. Reported without amendments. SENATE BILL NO. 297— BY SENATOR SCHEDLER Respectfully submitted, AN ACT ALFRED W. SPEER To enact R.S. 37:2504(G), relative to office space for the Board of Clerk of the House of Representatives Examiners of Nursing Facility Administrators; to authorize the board to lease, lease purchase, or purchase office space; to Message from the House require approval from the division of administration; and to provide for related matters. CONCURRING IN SENATE CONCURRENT RESOLUTIONS Reported without amendments. June 11, 2001 SENATE BILL NO. 896— BY SENATOR HAINKEL To the Honorable President and Members of the Senate: AN ACT To amend and reenact R.S. 39:1220(A)(2), relative to selection of I am directed to inform your honorable body that the House of depositories; to provide for selection of certain depositories for Representatives has finally concurred in the following Senate local funds; and to provide for related matters. Concurrent Resolutions: Reported without amendments. SENATE CONCURRENT RESOLUTION NO. 140— BY SENATOR IRONS SENATE BILL NO. 298— A CONCURRENT RESOLUTION BY SENATOR SCHEDLER To memorialize the Congress of the United States to study the AN ACT feasibility of insurance coverage for loss, damage, or diminution To amend and reenact R.S. 39:1494.1(A)(3), relative to social service in value to property caused by drought. contracts; to expand the exemptions requiring requests for proposals for certain contracts; to provide an effective date; and Reported without amendments. to provide for related matters.

Reported without amendments. Page 98 SENATE 39th DAY'S PROCEEDINGS June 11, 2001

SENATE CONCURRENT RESOLUTION NO. 155— SENATE CONCURRENT RESOLUTION NO. 159— BY SENATOR MOUNT BY SENATOR MOUNT A CONCURRENT RESOLUTION A CONCURRENT RESOLUTION To urge and request the secretary of the Department of Health and To express sincere condolences upon the death of Malcolm Dewitt Hospitals to appoint a licensed physical therapist to serve as a Jones, Jr. member of the Medical Care Advisory Committee. The resolution was read by title. Senator Mount moved to Reported without amendments. adopt the Senate Concurrent Resolution.

Respectfully submitted, ROLL CALL ALFRED W. SPEER Clerk of the House of Representatives The roll was called with the following result:

Introduction of YEAS Senate Concurrent Resolutions Mr. President Fields, C Lentini Senator Lambert asked for and obtained a suspension of the rules Bajoie Fields, W Malone for the purpose of introducing and reading the following Senate Barham Fontenot McPherson Concurrent Resolutions a first and second time and acting upon them Boissiere Gautreaux Michot as follows: Cain Heitmeier Mount Campbell Hollis Romero SENATE CONCURRENT RESOLUTION NO. 158— Chaisson Hoyt Schedler BY SENATOR THOMAS AND REPRESENTATIVES NEVERS AND STRAIN Cravins Irons Smith A CONCURRENT RESOLUTION Dardenne Johnson Theunissen To establish the Washington Parish Reservoir Commission to study Dean Jones, B Thomas the feasibility of developing a reservoir in Washington Parish Dupre Jones, C Ullo and to examine and search for potential sites of such a reservoir. Ellington Lambert Total—35 The resolution was read by title. Senator Thomas moved to NAYS adopt the Senate Concurrent Resolution. Total—0 ROLL CALL ABSENT

The roll was called with the following result: Bean Marionneaux Hines Tarver YEAS Total—4

Mr. President Fields, C Lambert The Chair declared the Senate had adopted the Senate Bajoie Fields, W Lentini Concurrent Resolution and ordered it sent to the House. Barham Fontenot Michot Boissiere Gautreaux Mount Rules Suspended Cain Heitmeier Romero Chaisson Hollis Schedler Senator Schedler asked for and obtained a suspension of the rules Cravins Hoyt Smith for the purpose of recalling House Concurrent Resolution No. 140 Dardenne Irons Tarver from the Committee on Health and Welfare. Dean Johnson Theunissen Dupre Jones, B Thomas HOUSE CONCURRENT RESOLUTION NO. 140— Ellington Jones, C Ullo BY REPRESENTATIVE M. JACKSON Total—33 A CONCURRENT RESOLUTION NAYS To memorialize the United States Congress to increase and provide for advanced funding for the federal Weatherization Assistance Total—0 Program for Low-Income Persons ("WAP") and the Low- ABSENT Income Home Energy Assistance Program ("LIHEAP").

Bean Hines Marionneaux The resolution was read by title. Senator Schedler moved to Campbell Malone McPherson adopt the House Concurrent Resolution. Total—6

The Chair declared the Senate had adopted the Senate Concurrent Resolution and ordered it sent to the House. 39th DAY'S PROCEEDINGS Page 99 SENATE June 11, 2001

ROLL CALL Dupre Jones, B Tarver Ellington Jones, C Theunissen The roll was called with the following result: Fields, C Lambert Thomas Fields, W Lentini Ullo YEAS Total—33 NAYS Bajoie Fields, W Malone Barham Fontenot McPherson Cravins Boissiere Gautreaux Michot Total—1 Cain Heitmeier Mount ABSENT Campbell Hollis Romero Chaisson Hoyt Schedler Mr. President Campbell Marionneaux Cravins Irons Smith Bean Hines Dardenne Johnson Tarver Total—5 Dean Jones, B Theunissen Dupre Lambert Ullo The Chair declared the Senate had adopted the House Fields, C Lentini Concurrent Resolution, and ordered it returned to the House. Total—32 NAYS Reports of Committees

Total—0 The following reports of committees were received and read: ABSENT REPORT OF COMMITTEE ON Mr. President Hines Thomas Bean Jones, C FINANCE Ellington Marionneaux Total—7 Senator Dardenne, Chairman on behalf of the Committee on Finance, submitted the following report: The Chair declared the Senate had adopted the House Concurrent Resolution, and ordered it returned to the House. June 8, 2001

Rules Suspended To the President and Members of the Senate:

Senator Boissiere asked for and obtained a suspension of the I am directed by your Committee on Finance to submit the rules for the purpose of recalling House Concurrent Resolution No. following report: 223 from the Committee on Insurance. HOUSE BILL NO. 338— HOUSE CONCURRENT RESOLUTION NO. 223— BY REPRESENTATIVE DANIEL BY REPRESENTATIVE PRATT AN ACT A CONCURRENT RESOLUTION To amend and reenact R.S. 9:1151, relative to mineral leases; to To urge and request the Department of Insurance to conduct a pilot provide for change of ownership of newly created water program to test the feasibility of implementing a motor vehicle bottoms affected by mineral leases or interests; to provide for insurance verification system for the purchase of gasoline. continuation of mineral leases on lands or water bottoms affected by subsidence or erosion; and to provide for related The resolution was read by title. Senator Boissiere moved to matters. adopt the House Concurrent Resolution. Reported favorably. ROLL CALL HOUSE BILL NO. 471— The roll was called with the following result: BY REPRESENTATIVE GALLOT AN ACT To enact R.S. 47:302.51, 322.43, and 332.49, relative to the YEAS disposition of certain sales tax collections in Claiborne Parish; to establish the Claiborne Parish Tourism and Economic Bajoie Fontenot Malone Development Fund in the state treasury; to provide for deposit Barham Gautreaux McPherson of monies into the fund; to provide for uses of monies in the Boissiere Heitmeier Michot fund; and to provide for related matters. Cain Hollis Mount Chaisson Hoyt Romero Reported favorably. Dardenne Irons Schedler Dean Johnson Smith Page 100 SENATE 39th DAY'S PROCEEDINGS June 11, 2001

HOUSE BILL NO. 485— state entitled "Alloy Piping Products v. State of Louisiana"; and BY REPRESENTATIVES TOOMY AND JOHN SMITH AND SENATOR to provide for related matters. HEITMEIER AND REPRESENTATIVES ALARIO, ANSARDI, CAZAYOUX, CLARKSON, CROWE, DAMICO, DEVILLIER, DOERGE, DOWNER, DURAND, ERDEY, FARRAR, FLAVIN, FRITH, GLOVER, HEATON, Reported favorably. HEBERT, HILL, HUDSON, KATZ, KENNARD, LAFLEUR, LANCASTER, MARTINY, MCCALLUM, NEVERS, ODINET, POWELL, QUEZAIRE, RICHMOND, RIDDLE, ROMERO, SCALISE, SCHWEGMANN, GARY HOUSE BILL NO. 765— SMITH, JACK SMITH, SNEED, STRAIN, THOMPSON, TRICHE, TUCKER, BY REPRESENTATIVES SALTER AND DOWNER WOOTON, BROOME, AND HOLDEN AND SENATOR CAIN AN ACT A JOINT RESOLUTION To appropriate funds out of the General Fund of the state of Proposing to amend Article VII, Section 11(A) and to add Article VII, Louisiana to be used to pay the final judgment in the suit Section 10(D)(3) of the Constitution of Louisiana, relative to the entitled "Natchitoches Parish Port Commission v. Deblieux & expenditure of state funds; to require the payment by the state Kelley, Inc."; to provide for interest and other costs; and to of salary supplements to certain local law enforcement and fire provide for related matters. protection officers; to require the inclusion in the budget estimate and the appropriation of funds sufficient to fully fund Reported favorably. such state supplements; to prohibit the reduction of such appropriation, except under certain circumstances; to provide HOUSE BILL NO. 796— for submission of the proposed amendment to the electors; and BY REPRESENTATIVES WOOTON, CLARKSON, DOWNER, AND to provide for related matters. MCDONALD AND SENATORS HAINKEL AND THEUNISSEN AN ACT Reported favorably. To amend and reenact R.S. 17:3991(B)(1)(a), relative to charter school enrollment requirements; to exempt from such HOUSE BILL NO. 508— requirements certain charter schools established with the mission BY REPRESENTATIVE DANIEL of meeting the needs of children of military personnel; to A JOINT RESOLUTION provide conditions and exceptions; and to provide for related Proposing to amend Article VII, Section 14(B) of the Constitution of matters. Louisiana, to authorize the investment in stocks of certain funds of institutions of higher education or their management boards; Reported favorably. to provide for submission of the proposed amendment to the electors; and to provide for related matters. HOUSE BILL NO. 818— BY REPRESENTATIVE CRANE Reported favorably. AN ACT To amend and reenact R.S. 17:3048.1(C)(2)(c)(i), relative to core HOUSE BILL NO. 556— curriculum requirements for eligibility for the Tuition BY REPRESENTATIVE PINAC Opportunity Program for Students; to require that the Louisiana AN ACT Student Financial Assistance Commission provide a waiver To appropriate funds out of the General Fund of the state of procedure through the 2002-2003 school year for certain Louisiana for Fiscal Year 2000-2001 to be used to pay the students unable to meet specified high school core curriculum settlement in the suit entitled "Gordon P. Jeansonne v. Louisiana requirements; to provide guidelines for such waivers; to provide Department of Health and Human Resources, et al."; and to for an effective date; and to provide for related matters. provide for related matters. Reported favorably. Reported favorably. HOUSE BILL NO. 889— HOUSE BILL NO. 579— BY REPRESENTATIVES WINSTON, ILES, STRAIN, ALARIO, BAUDOIN, BY REPRESENTATIVE WADDELL BROOME, BRUCE, CLARKSON, DANIEL, DARTEZ, DURAND, ERDEY, FAUCHEUX, FRITH, GUILLORY, HEBERT, HILL, HOLDEN, HUNTER, AN ACT HUTTER, KATZ, LANCASTER, MARTINY, MCMAINS, MORRISH, NEVERS, To appropriate funds out of the General Fund of the state of PIERRE, PITRE, POWELL, PRATT, QUEZAIRE, ROMERO, SCHWEGMANN, Louisiana to be used to pay the recommendation for payment JANE SMITH, SNEED, WADDELL, WELCH, AND WOOTON rendered by the Board of Tax Appeals in the claim against the AN ACT state entitled "Gannett River States Publishing Corporation v. To enact R.S. 46:447.3, relative to adopted children; to require the State of Louisiana"; and to provide for related matters. state to provide in-hospital mental health treatment; to require the state to specify this requirement in the contract of adoption; Reported favorably. and to provide for related matters.

HOUSE BILL NO. 647— Reported favorably. BY REPRESENTATIVE DIEZ AN ACT To appropriate funds out of the General Fund of the state of Louisiana to be used to pay the recommendation for payment rendered by the Board of Tax Appeals in the claim against the 39th DAY'S PROCEEDINGS Page 101 SENATE June 11, 2001

HOUSE BILL NO. 894— for other nonmandatory purposes under certain circumstances; BY REPRESENTATIVE STRAIN and to provide for related matters. AN ACT To appropriate funds out of the General Fund of the state of Reported favorably. Louisiana for the Fiscal Year 2000-2001 to the estate of Nathan King and to Stephen McLain to compensate them for injuries HOUSE BILL NO. 1159— suffered as victims of violent crimes, pursuant to judgment by BY REPRESENTATIVE DANIEL the Board of Review of the Department of Employment AN ACT Security, as affirmed and revived by the Nineteenth Judicial To enact R.S. 42:1303.1, relative to the governmental deferred District Court for the parish of East Baton Rouge, state of compensation plan; to authorize the Louisiana Deferred Louisiana; and to provide for related matters. Compensation Commission to create a Section 401(a) plan as authorized by the Internal Revenue Code of 1954; to authorize Reported favorably. the commission to establish rules and regulations regulating the plan; and to provide for related matters. HOUSE BILL NO. 895— BY REPRESENTATIVE CAZAYOUX Reported favorably. AN ACT To appropriate funds out of the General Fund of the state of HOUSE BILL NO. 1256— Louisiana to be used to pay the certain judgments and BY REPRESENTATIVE BRUNEAU recommendations for payment rendered by the Board of Tax AN ACT Appeals and to provide for related matters. To appropriate funds out of the General Fund of the state of Louisiana to be used to pay the final judgment in the suit Reported with amendments. entitled "Steelcase, Inc. v. John Neely Kennedy, Secretary, Department of Revenue, State of Louisiana", and to provide for HOUSE BILL NO. 909— related matters. BY REPRESENTATIVE MCMAINS AN ACT Reported favorably. To appropriate funds out of the General Fund of the state of Louisiana to be used to pay the recommendation for payment HOUSE BILL NO. 1275— rendered by the Board of Tax Appeals in the claim against the BY REPRESENTATIVE WALSWORTH state entitled "Louisiana Health Service and Indemnity AN ACT Company d.b.a. Blue Cross and Blue Shield of Louisiana v. To appropriate funds out of the General Fund of the state of Secretary, Department of Revenue and Taxation, State of Louisiana to be used to pay the recommendation for payment Louisiana"; and to provide for related matters. rendered by the Board of Tax Appeals in the claim against the state entitled "Ouachita Coca-Cola Bottling Company, Inc. v. Reported favorably. State of Louisiana"; and to provide for related matters.

HOUSE BILL NO. 1015— Reported favorably. BY REPRESENTATIVE WRIGHT AN ACT HOUSE BILL NO. 1322— To amend and reenact R.S. 47:322.35(B), relative to the disposition BY REPRESENTATIVE DANIEL of certain sales tax collections in LaSalle Parish; to provide for AN ACT use of monies in the LaSalle Economic Development District To amend and reenact R.S. 49:327(C)(3), relative to the investment Fund; and to provide for related matters. of state funds; to authorize the investment in stocks or certain funds of institutions of higher education or their management Reported favorably. boards; to provide for an effective date; and to provide for related matters. HOUSE BILL NO. 1019— BY REPRESENTATIVES DANIEL, MORRISH, STRAIN, FAUCHEUX, Reported favorably. HEBERT, HUDSON, LEBLANC, SCALISE, JACK SMITH, STELLY, SWILLING, AND WINSTON AN ACT HOUSE BILL NO. 1340— BY REPRESENTATIVES SCHNEIDER, DANIEL, DOERGE, MCDONALD, To amend and reenact R.S. 39:75(C) and to enact R.S. 39:75(E) and TOOMY, AND WALSWORTH AND SENATOR BOISSIERE (F), relative to the expenditure of state funds and budgetary AN ACT procedure; to authorize the governor to make limited reductions To enact R.S. 11:710 and to repeal R.S. 11:707, 707.1, 708, 737, and to certain appropriations; to authorize the limited adjustment of 791, relative to the Teachers' Retirement System; to provide budgets for certain mandatory or protected expenditures, with respect to employment of retirees and the benefits payable appropriations, or allocations from the state general fund and to such retirees; to provide regarding contributions and employer dedicated funds under certain circumstances; to authorize limited reporting requirements related to such reemployment; to repeal redirection and transfer of funds supporting appropriations or certain provisions of law related to the reemployment of retirees allocations from the state general fund and dedicated funds, who did and those who did not participate in the Deferred including those constitutionally protected or mandated, for use Retirement Option Plan and those retirees who were hired Page 102 SENATE 39th DAY'S PROCEEDINGS June 11, 2001

pursuant to a critical shortage of teachers; to provide relative to supporting appropriations and allocations from dedicated funds the suspension or reduction of benefits of all reemployed for use for other purposes; and to provide for related matters. retirees; to provide an effective date; and to provide for related matters. Reported favorably.

Reported favorably. HOUSE BILL NO. 1565— BY REPRESENTATIVES LEBLANC, DEWITT, WINSTON, AND THOMPSON HOUSE BILL NO. 1347— AN ACT BY REPRESENTATIVE SCHNEIDER AND SENATOR BOISSIERE To amend and reenact R.S. 9:3555(D), R.S. 17:354(A) and (B), AN ACT 3129.6(A), and 4001(B), R.S. 30:136.3, R.S. 46:114.4(D), R.S. To repeal R.S. 11:143(H), relative to all public retirement or pension 47:299.20, 1061(B), 1838(4), and 2609(A), and R.S. 56:16(C) systems, funds, or plans; to repeal the restriction against and to repeal R.S. 17:354(C) and (D), 3129.6(C), and 3921.2, becoming a member of a system from which credit was R.S. 30:136.2, R.S. 47:2609(B) and (C), and R.S. 56.16, relative previously transferred; to provide an effective date; and to to special treasury funds; to provide for the deposit and use of provide for related matters. monies in certain special treasury funds; to provide for the use of monies in the Charter School Start-Up Loan Fund, the Reported favorably. Mineral Resources Audit and Collection Fund, the Section 201 Fund, the Fraud Detection Fund, the Higher Education HOUSE BILL NO. 1351— Initiatives Fund, and the Telecommunications for the Deaf Fund; BY REPRESENTATIVE THOMPSON to establish the Academic Improvement Fund as a special fund AN ACT in the state treasury; to repeal certain special treasury funds; to To authorize and provide for the transfer or lease of certain property provide for the transfer of certain balances and amounts by the to the Department of Culture, Recreation and Tourism; and to state treasurer; to provide for effective dates; and to provide for provide for related matters. related matters.

Reported favorably. Reported with amendments.

HOUSE BILL NO. 1368— HOUSE BILL NO. 1822— BY REPRESENTATIVE DANIEL BY REPRESENTATIVE MURRAY AN ACT AN ACT To provide for resolution of certain suits against the state related to To amend and reenact R.S. 47:322.38(D), relative to the expenditure the state sales and use taxes assessed on the purchase of certain of state funds; to provide for the disposition of certain monies manufactured and mobile homes; to create a special fund for the appropriated from the New Orleans Area Tourism and purpose of resolution of such lawsuits; to provide for the Economic Development Fund; to provide for the retention of deposit and use of monies in the fund; to provide for a process certain unexpended and unencumbered monies at the end of the for the return of certain monies paid with respect to such tax; to fiscal year; and to provide for related matters. provide for rulemaking; and to provide for related matters. Reported favorably. Reported with amendments. HOUSE BILL NO. 1870— HOUSE BILL NO. 1433— BY REPRESENTATIVE LEBLANC BY REPRESENTATIVE HOLDEN AN ACT AN ACT To appropriate funds from certain sources to be allocated to To appropriate funds out of the General Fund of the state of designated agencies and designated purposes in specific amounts Louisiana to be used to pay the final judgment in the suit for the purpose of making supplemental appropriations for the entitled "Missouri Pacific Railroad Company v. The Greater funding of said agencies and purposes and to substitute the Baton Rouge Port Commission and the State of Louisiana means of financing for certain capital outlay projects during the through the Department of Transportation and Development"; 2000-2001 Fiscal Year; and to provide for related matters. to provide for costs; and to provide for related matters. Reported with amendments. Reported favorably. HOUSE BILL NO. 1916— HOUSE BILL NO. 1528— BY REPRESENTATIVES FRUGE AND RIDDLE BY REPRESENTATIVES THOMPSON AND SCALISE AN ACT AN ACT To amend and reenact R.S. 39:51(D) and to enact R.S. 39:51(E), To amend and reenact R.S. 39:75(C)(1)(a), relative to the expenditure relative to the state operating budget; to require the of state funds and budgetary procedure; to authorize reductions commissioner of administration to provide certain information in certain appropriations and allocations to avoid a budget on employee positions and costs contained in the General deficit, including the limited adjustment of budgets for Appropriation Bill to the House Committee on Appropriations; expenditures from dedicated funds under certain circumstances; to require approval of the Joint Legislative Committee on the to authorize the limited redirection and transfer of funds Budget for certain additions of employee positions or increases 39th DAY'S PROCEEDINGS Page 103 SENATE June 11, 2001

in employee compensation for certain positions; to provide for and uses of the Tank Trust Fund; to provide for the use of the an effective date; and to provide for related matters. interest; to provide for ownership; to provide for abandoned underground storage tanks; to provide for liens and privileges for Reported with amendments. costs incurred by the state; and to provide for related matters.

HOUSE BILL NO. 1945— Reported favorably. BY REPRESENTATIVE MARTINY AN ACT Respectfully submitted, To enact R.S. 17:3048.1(A)(1)(c)(iii), relative to the Tuition JAY DARDENNE Opportunity Program for Students Performance Award; to Chairman provide eligibility requirements for an initial award; to provide conditions and limitations; to provide for an effective date; and House Bills and Joint Resolutions to provide for related matters. on Second Reading Reported favorably. Reported by Committees

HOUSE BILL NO. 1979— Senator Dardenne asked for and obtained a suspension of the BY REPRESENTATIVES MURRAY AND CURTIS rules to take up at this time the following House Bills and Joint AN ACT Resolutions just reported by Committees. To appropriate funds out of the General Fund of the state of Louisiana to be used to pay the Public Belt Railroad HOUSE BILL NO. 338— Commission certain amounts due pursuant to the joint BY REPRESENTATIVE DANIEL maintenance contract with the Department of Transportation AN ACT and Development relative to the Huey P. Long Bridge; to To amend and reenact R.S. 9:1151, relative to mineral leases; to provide for costs; and to provide for related matters. provide for change of ownership of newly created water bottoms affected by mineral leases or interests; to provide for Reported favorably. continuation of mineral leases on lands or water bottoms affected by subsidence or erosion; and to provide for related HOUSE BILL NO. 2007— matters. BY REPRESENTATIVE ALARIO AN ACT Reported favorably by the Committee on Finance. Under the To amend and reenact R.S. 17:3351(A)(introductory paragraph) and provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was to enact R.S. 17:3351(A)(5)(b)(vi), relative to the powers, read by title and referred to the Legislative Bureau. duties, and responsibilities of public postsecondary education management boards; to authorize the public postsecondary HOUSE BILL NO. 471— education management boards to establish and adjust tuition and BY REPRESENTATIVE GALLOT mandatory attendance fee amounts applicable to students who AN ACT are Louisiana residents; to provide limitations; to provide for an To enact R.S. 47:302.51, 322.43, and 332.49, relative to the effective date; and to provide for related matters. disposition of certain sales tax collections in Claiborne Parish; to establish the Claiborne Parish Tourism and Economic Reported with amendments. Development Fund in the state treasury; to provide for deposit of monies into the fund; to provide for uses of monies in the HOUSE BILL NO. 2013— fund; and to provide for related matters. BY REPRESENTATIVES MURRAY AND CURTIS AN ACT Reported favorably by the Committee on Finance. Under the To enact Subpart F of Part II-A of Chapter 1 of Subtitle I of Title 39 provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was of the Louisiana Revised Statutes of 1950, to be comprised of read by title and referred to the Legislative Bureau. R.S. 39:99, relative to special treasury funds; to create Sports Facility Assistance Fund as a special fund in the state treasury; HOUSE BILL NO. 485— to provide for deposit of monies into the fund; to provide for BY REPRESENTATIVES TOOMY AND JOHN SMITH AND SENATOR HEITMEIER AND REPRESENTATIVES ALARIO, ANSARDI, CAZAYOUX, uses of monies in the fund; to provide for an effective date; and CLARKSON, CROWE, DAMICO, DEVILLIER, DOERGE, DOWNER, to provide for related matters. DURAND, ERDEY, FARRAR, FLAVIN, FRITH, GLOVER, HEATON, HEBERT, HILL, HUDSON, KATZ, KENNARD, LAFLEUR, LANCASTER, MARTINY, MCCALLUM, NEVERS, ODINET, POWELL, QUEZAIRE, Reported favorably. RICHMOND, RIDDLE, ROMERO, SCALISE, SCHWEGMANN, GARY SMITH, JACK SMITH, SNEED, STRAIN, THOMPSON, TRICHE, TUCKER, WOOTON, BROOME, AND HOLDEN AND SENATOR CAIN HOUSE BILL NO. 2046— (Substitute for House Bill 1593 by A JOINT RESOLUTION Representative Damico) Proposing to amend Article VII, Section 11(A) and to add Article VII, BY REPRESENTATIVE DAMICO AN ACT Section 10(D)(3) of the Constitution of Louisiana, relative to the To amend and reenact R.S. 30:2195.6 and to enact R.S. 30:2195(F), expenditure of state funds; to require the payment by the state relative to the Motor Fuels Underground Storage Tank Trust of salary supplements to certain local law enforcement and fire Fund and underground storage tanks; to provide for the funding protection officers; to require the inclusion in the budget Page 104 SENATE 39th DAY'S PROCEEDINGS June 11, 2001

estimate and the appropriation of funds sufficient to fully fund HOUSE BILL NO. 765— such state supplements; to prohibit the reduction of such BY REPRESENTATIVES SALTER AND DOWNER appropriation, except under certain circumstances; to provide AN ACT for submission of the proposed amendment to the electors; and To appropriate funds out of the General Fund of the state of to provide for related matters. Louisiana to be used to pay the final judgment in the suit entitled "Natchitoches Parish Port Commission v. Deblieux & Reported favorably by the Committee on Finance. Under the Kelley, Inc."; to provide for interest and other costs; and to provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was provide for related matters. read by title and referred to the Legislative Bureau. Reported favorably by the Committee on Finance. Under the HOUSE BILL NO. 508— provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was BY REPRESENTATIVE DANIEL read by title and referred to the Legislative Bureau. A JOINT RESOLUTION Proposing to amend Article VII, Section 14(B) of the Constitution of HOUSE BILL NO. 796— Louisiana, to authorize the investment in stocks of certain funds BY REPRESENTATIVES WOOTON, CLARKSON, DOWNER, AND MCDONALD AND SENATORS HAINKEL AND THEUNISSEN of institutions of higher education or their management boards; AN ACT to provide for submission of the proposed amendment to the To amend and reenact R.S. 17:3991(B)(1)(a), relative to charter electors; and to provide for related matters. school enrollment requirements; to exempt from such requirements certain charter schools established with the mission Reported favorably by the Committee on Finance. Under the of meeting the needs of children of military personnel; to provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was provide conditions and exceptions; and to provide for related read by title and referred to the Legislative Bureau. matters. HOUSE BILL NO. 556— BY REPRESENTATIVE PINAC Reported favorably by the Committee on Finance. Under the AN ACT provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was To appropriate funds out of the General Fund of the state of read by title and referred to the Legislative Bureau. Louisiana for Fiscal Year 2000-2001 to be used to pay the settlement in the suit entitled "Gordon P. Jeansonne v. Louisiana HOUSE BILL NO. 818— BY REPRESENTATIVE CRANE Department of Health and Human Resources, et al."; and to AN ACT provide for related matters. To amend and reenact R.S. 17:3048.1(C)(2)(c)(i), relative to core curriculum requirements for eligibility for the Tuition Reported favorably by the Committee on Finance. Under the Opportunity Program for Students; to require that the Louisiana provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was Student Financial Assistance Commission provide a waiver read by title and referred to the Legislative Bureau. procedure through the 2002-2003 school year for certain students unable to meet specified high school core curriculum HOUSE BILL NO. 579— BY REPRESENTATIVE WADDELL requirements; to provide guidelines for such waivers; to provide AN ACT for an effective date; and to provide for related matters. To appropriate funds out of the General Fund of the state of Louisiana to be used to pay the recommendation for payment Reported favorably by the Committee on Finance. Under the rendered by the Board of Tax Appeals in the claim against the provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was state entitled "Gannett River States Publishing Corporation v. read by title and referred to the Legislative Bureau. State of Louisiana"; and to provide for related matters. HOUSE BILL NO. 889— BY REPRESENTATIVES WINSTON, ILES, STRAIN, ALARIO, BAUDOIN, Reported favorably by the Committee on Finance. Under the BROOME, BRUCE, CLARKSON, DANIEL, DARTEZ, DURAND, ERDEY, provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was FAUCHEUX, FRITH, GUILLORY, HEBERT, HILL, HOLDEN, HUNTER, HUTTER, KATZ, LANCASTER, MARTINY, MCMAINS, MORRISH, NEVERS, read by title and referred to the Legislative Bureau. PIERRE, PITRE, POWELL, PRATT, QUEZAIRE, ROMERO, SCHWEGMANN, JANE SMITH, SNEED, WADDELL, WELCH, AND WOOTON HOUSE BILL NO. 647— AN ACT BY REPRESENTATIVE DIEZ To enact R.S. 46:447.3, relative to adopted children; to require the AN ACT state to provide in-hospital mental health treatment; to require To appropriate funds out of the General Fund of the state of the state to specify this requirement in the contract of adoption; Louisiana to be used to pay the recommendation for payment and to provide for related matters. rendered by the Board of Tax Appeals in the claim against the state entitled "Alloy Piping Products v. State of Louisiana"; and Reported favorably by the Committee on Finance. Under the to provide for related matters. provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was read by title and referred to the Legislative Bureau. Reported favorably by the Committee on Finance. Under the provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was read by title and referred to the Legislative Bureau. 39th DAY'S PROCEEDINGS Page 105 SENATE June 11, 2001

HOUSE BILL NO. 894— HOUSE BILL NO. 1015— BY REPRESENTATIVE STRAIN BY REPRESENTATIVE WRIGHT AN ACT AN ACT To appropriate funds out of the General Fund of the state of To amend and reenact R.S. 47:322.35(B), relative to the disposition Louisiana for the Fiscal Year 2000-2001 to the estate of Nathan of certain sales tax collections in LaSalle Parish; to provide for King and to Stephen McLain to compensate them for injuries use of monies in the LaSalle Economic Development District suffered as victims of violent crimes, pursuant to judgment by Fund; and to provide for related matters. the Board of Review of the Department of Employment Security, as affirmed and revived by the Nineteenth Judicial Reported favorably by the Committee on Finance. Under the District Court for the parish of East Baton Rouge, state of provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was Louisiana; and to provide for related matters. read by title and referred to the Legislative Bureau.

Reported favorably by the Committee on Finance. Under the HOUSE BILL NO. 1019— provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was BY REPRESENTATIVES DANIEL, MORRISH, STRAIN, FAUCHEUX, HEBERT, HUDSON, LEBLANC, SCALISE, JACK SMITH, STELLY, read by title and referred to the Legislative Bureau. SWILLING, AND WINSTON AN ACT HOUSE BILL NO. 895— To amend and reenact R.S. 39:75(C) and to enact R.S. 39:75(E) and BY REPRESENTATIVE CAZAYOUX (F), relative to the expenditure of state funds and budgetary AN ACT procedure; to authorize the governor to make limited reductions To appropriate funds out of the General Fund of the state of to certain appropriations; to authorize the limited adjustment of Louisiana to be used to pay the certain judgments and budgets for certain mandatory or protected expenditures, recommendations for payment rendered by the Board of Tax appropriations, or allocations from the state general fund and Appeals and to provide for related matters. dedicated funds under certain circumstances; to authorize limited redirection and transfer of funds supporting appropriations or Reported with amendments by the Committee on Finance. allocations from the state general fund and dedicated funds, including those constitutionally protected or mandated, for use SENATE COMMITTEE AMENDMENTS for other nonmandatory purposes under certain circumstances; and to provide for related matters. Amendments proposed by Senate Committee on Finance to Engrossed House Bill No. 895 by Representative Cazayoux Reported favorably by the Committee on Finance. Under the provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was AMENDMENT NO. 1 read by title and referred to the Legislative Bureau. On page 1, line 7, after "Section 1." change "Seventy-six Thousand Three Hundred Eighty and No/100" to "Seventeen Thousand Six HOUSE BILL NO. 1159— Hundred Seventy-eight and No/100" BY REPRESENTATIVE DANIEL AN ACT AMENDMENT NO. 2 To enact R.S. 42:1303.1, relative to the governmental deferred On page 1, line 8, change "($76,380.00)" to "($17,678.00)" compensation plan; to authorize the Louisiana Deferred Compensation Commission to create a Section 401(a) plan as On motion of Senator Dardenne, the committee amendment was authorized by the Internal Revenue Code of 1954; to authorize adopted. Under the provisions of Joint Rule No. 3 of the Rules of the commission to establish rules and regulations regulating the the Senate, the amended bill was read by title and referred to the plan; and to provide for related matters. Legislative Bureau. Reported favorably by the Committee on Finance. Under the HOUSE BILL NO. 909— provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was BY REPRESENTATIVE MCMAINS read by title and referred to the Legislative Bureau. AN ACT To appropriate funds out of the General Fund of the state of HOUSE BILL NO. 1256— Louisiana to be used to pay the recommendation for payment BY REPRESENTATIVE BRUNEAU rendered by the Board of Tax Appeals in the claim against the AN ACT state entitled "Louisiana Health Service and Indemnity To appropriate funds out of the General Fund of the state of Company d.b.a. Blue Cross and Blue Shield of Louisiana v. Louisiana to be used to pay the final judgment in the suit Secretary, Department of Revenue and Taxation, State of entitled "Steelcase, Inc. v. John Neely Kennedy, Secretary, Louisiana"; and to provide for related matters. Department of Revenue, State of Louisiana", and to provide for related matters. Reported favorably by the Committee on Finance. Under the provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was Reported favorably by the Committee on Finance. Under the read by title and referred to the Legislative Bureau. provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was read by title and referred to the Legislative Bureau. Page 106 SENATE 39th DAY'S PROCEEDINGS June 11, 2001

HOUSE BILL NO. 1275— HOUSE BILL NO. 1351— BY REPRESENTATIVE WALSWORTH BY REPRESENTATIVE THOMPSON AN ACT AN ACT To appropriate funds out of the General Fund of the state of To authorize and provide for the transfer or lease of certain property Louisiana to be used to pay the recommendation for payment to the Department of Culture, Recreation and Tourism; and to rendered by the Board of Tax Appeals in the claim against the provide for related matters. state entitled "Ouachita Coca-Cola Bottling Company, Inc. v. State of Louisiana"; and to provide for related matters. Reported favorably by the Committee on Finance. Under the provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was Reported favorably by the Committee on Finance. Under the read by title and referred to the Legislative Bureau. provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was read by title and referred to the Legislative Bureau. HOUSE BILL NO. 1368— BY REPRESENTATIVE DANIEL HOUSE BILL NO. 1322— AN ACT BY REPRESENTATIVE DANIEL To provide for resolution of certain suits against the state related to AN ACT the state sales and use taxes assessed on the purchase of certain To amend and reenact R.S. 49:327(C)(3), relative to the investment manufactured and mobile homes; to create a special fund for the of state funds; to authorize the investment in stocks or certain purpose of resolution of such lawsuits; to provide for the funds of institutions of higher education or their management deposit and use of monies in the fund; to provide for a process boards; to provide for an effective date; and to provide for for the return of certain monies paid with respect to such tax; to related matters. provide for rulemaking; and to provide for related matters.

Reported favorably by the Committee on Finance. Under the Reported with amendments by the Committee on Finance. provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was read by title and referred to the Legislative Bureau. SENATE COMMITTEE AMENDMENTS

HOUSE BILL NO. 1340— Amendments proposed by Senate Committee on Finance to BY REPRESENTATIVES SCHNEIDER, DANIEL, DOERGE, MCDONALD, Reengrossed House Bill No. 1368 by Representative Daniel TOOMY, AND WALSWORTH AND SENATOR BOISSIERE AN ACT To enact R.S. 11:710 and to repeal R.S. 11:707, 707.1, 708, 737, and AMENDMENT NO. 1 791, relative to the Teachers' Retirement System; to provide On page 1, line 7, after "rulemaking;" and before "and to provide" with respect to employment of retirees and the benefits payable insert "to amend and reenact Section 2 of Act No. 30 of the 2000 to such retirees; to provide regarding contributions and employer Regular Session of the Legislature relative to the effective date;" reporting requirements related to such reemployment; to repeal certain provisions of law related to the reemployment of retirees AMENDMENT NO. 2 who did and those who did not participate in the Deferred On page 1, line 14, insert opening quotation marks before the word Retirement Option Plan and those retirees who were hired "Shirley” pursuant to a critical shortage of teachers; to provide relative to the suspension or reduction of benefits of all reemployed AMENDMENT NO. 3 retirees; to provide an effective date; and to provide for related On page 1, line 16, insert closing quotation marks after the word matters. “Parish”

Reported favorably by the Committee on Finance. Under the AMENDMENT NO. 4 provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was On page 1, line 17, insert opening quotation marks before the word read by title and referred to the Legislative Bureau. “Nancy”

HOUSE BILL NO. 1347— AMENDMENT NO. 5 BY REPRESENTATIVE SCHNEIDER AND SENATOR BOISSIERE On page 1, line 18, insert closing quotation marks after the word AN ACT “Louisiana” To repeal R.S. 11:143(H), relative to all public retirement or pension systems, funds, or plans; to repeal the restriction against AMENDMENT NO. 6 becoming a member of a system from which credit was On page 2, line 26, change the first word “this” to “the” previously transferred; to provide an effective date; and to provide for related matters. AMENDMENT NO. 7 On page 3, line 4, after “monies in the fund,” delete the remainder of Reported favorably by the Committee on Finance. Under the the line and insert “the amount of state sales or use taxes paid by provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was those persons who are plaintiffs on or before the effective date of this read by title and referred to the Legislative Bureau. Act”

AMENDMENT NO. 8 On page 3, line 5, delete the first words “use taxes” 39th DAY'S PROCEEDINGS Page 107 SENATE June 11, 2001

HOUSE BILL NO. 1528— AMENDMENT NO. 9 BY REPRESENTATIVES THOMPSON AND SCALISE On page 3, line 20, delete the words “a party to” and replace with AN ACT “listed on either the computer generated run or the manual list To amend and reenact R.S. 39:75(C)(1)(a), relative to the expenditure provided by the Office of Motor Vehicles which formed the basis for of state funds and budgetary procedure; to authorize reductions the judgment rendered on February 5, 2001, in” in certain appropriations and allocations to avoid a budget deficit, including the limited adjustment of budgets for AMENDMENT NO. 10 expenditures from dedicated funds under certain circumstances; On page 3, line 24, after “District Court;” insert “and those persons to authorize the limited redirection and transfer of funds who are not a party to” supporting appropriations and allocations from dedicated funds for use for other purposes; and to provide for related matters. AMENDMENT NO. 11 On page 4, line 8, change "twenty" to "eighty" Reported favorably by the Committee on Finance. Under the provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was AMENDMENT NO. 12 read by title and referred to the Legislative Bureau. On page 5, line 7, after "Act" insert "which shall include reasonable notification by mail to all claimants without any cost to the claimant HOUSE BILL NO. 1565— BY REPRESENTATIVES LEBLANC, DEWITT, WINSTON, AND THOMPSON for such notification" AN ACT To amend and reenact R.S. 9:3555(D), R.S. 17:354(A) and (B), AMENDMENT NO. 13 3129.6(A), and 4001(B), R.S. 30:136.3, R.S. 46:114.4(D), R.S. On page 5, between line 7 and 8, insert the following: 47:299.20, 1061(B), 1838(4), and 2609(A), and R.S. 56:16(C) and to repeal R.S. 17:354(C) and (D), 3129.6(C), and 3921.2, "Section 7. Section 2 of Act No. 30 of the 2000 Regular Session R.S. 30:136.2, R.S. 47:2609(B) and (C), and R.S. 56.16, relative of the Legislature is hereby amended and reenacted to read as follows: to special treasury funds; to provide for the deposit and use of * * * monies in certain special treasury funds; to provide for the use Section 2. This Act shall become effective if, as, and when a of monies in the Charter School Start-Up Loan Fund, the judgment in Shirley M. Avants, et al v. John Neely Kennedy, Mineral Resources Audit and Collection Fund, the Section 201 Secretary, No. 434575, Division D, Nineteenth Judicial District Fund, the Fraud Detection Fund, the Higher Education Court, Parish of East Baton Rouge, State of Louisiana, becomes final Initiatives Fund, and the Telecommunications for the Deaf Fund; and nonappealable or a written compromise settlement disposing of to establish the Academic Improvement Fund as a special fund all claims is finalized and signed. This Act shall become effective on in the state treasury; to repeal certain special treasury funds; to July 1, 2001." provide for the transfer of certain balances and amounts by the state treasurer; to provide for effective dates; and to provide for AMENDMENT NO. 14 related matters. On page 5, line 8, after "Section" change "7" to "8" Reported with amendments by the Committee on Finance. AMENDMENT NO. 15 On page 5, line 8, change "June" to "July SENATE COMMITTEE AMENDMENTS

AMENDMENT NO. 17 Amendments proposed by Senate Committee on Finance to On page 5, line 10, change "June" to "July" Reengrossed House Bill No. 1565 by Representative LeBlanc

On motion of Senator Dardenne, the committee amendment was AMENDMENT NO. 1 adopted. Under the provisions of Joint Rule No. 3 of the Rules of On page 1, delete line 6, and insert "47:2609(B) and (C), R.S. 56:16 the Senate, the amended bill was read by title and referred to the and to enact R.S. 39:137, relative to special treasury funds;" Legislative Bureau. AMENDMENT NO. 2 HOUSE BILL NO. 1433— BY REPRESENTATIVE HOLDEN On page 1, line 13, after “treasury;” insert the following: AN ACT “to establish the Deficit Elimination/Capital Outlay Escrow To appropriate funds out of the General Fund of the state of Replenishment Fund as a special fund in the state treasury;” Louisiana to be used to pay the final judgment in the suit entitled "Missouri Pacific Railroad Company v. The Greater AMENDMENT NO. 3 Baton Rouge Port Commission and the State of Louisiana On page 6, between lines 18 and 19 insert the following: through the Department of Transportation and Development"; to provide for costs; and to provide for related matters. “Section 5. R.S. 39:137 is hereby enacted to read as follows: 137. Deficit Elimination/Capital Outlay Escrow Replenishment Reported favorably by the Committee on Finance. Under the Fund provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was A. The Deficit Elimination/Capital Outlay Escrow read by title and referred to the Legislative Bureau. Replenishment Fund, hereafter referred to as fund, is hereby created in the State Treasury. The treasurer shall deposit into the fund the Page 108 SENATE 39th DAY'S PROCEEDINGS June 11, 2001 difference between the Official Forecast of revenue available for Tchoupitoulas Street, Race Street, and the Mississippi River to general purpose expenditures for Fiscal Year 2000-2001 adopted by be used for the same purposes as described above; and the the Revenue Estimating Conference on May 14, 2001, and actual cooperative endeavor agreement for this project between the collections of revenue available for general purpose expenditures in state and the Ernest N. Morial – New Orleans Exhibition Hall Fiscal Year 2000-2001 as promulgated by the Revenue Estimating Authority will require that any contract for this project executed Conference. After Fiscal Year 2000-2001, the treasurer shall deposit by the authority pursuant to a non-cash line of credit shall be in into the fund the difference between the Official Forecast of revenue accordance with the terms hereof $18,400,000; Schedule 08- available for general purpose expenditures for the fiscal year adopted 403C, Office of Youth Development-Bridge City for by the Revenue Estimating Conference at its last meeting before the Plumbing/Mechanical/Electrical Renovations, Construction in end of the fiscal year and actual collections of revenue available for Jefferson Parish $515,000; Schedule 08-414, Wade Correctional general purpose expenditures for that fiscal year as promulgated by Center for Caddo Detention Center Renovation, Construction in the Revenue Estimating Conference. Caddo Parish $190,000; Schedule 19-616 Southern University B. The treasurer shall first reserve Sixty-two Million and Baton Rouge for Site Improvement, Implementation of Master No/100 Dollars ($62,000,000.00) of the revenue deposited into the Plan, Planning and Construction in East Baton Rouge Parish fund for Fiscal Year 2000-2001 for the purpose of paying any deficit $35,000; Schedule 19-623, Grambling State University for incurred by current and prior year operations of the State Group Stadium Support Facility Construction in Lincoln Parish Benefits Program. $1,015,000; Schedule 19-629, University of Louisiana at C. If a positive balance remains in the fund after satisfying the Monroe for New Library Building, Construction, Equipment in requirements of Paragraph (A), the treasurer shall reserve Ten Million Ouachita Parish $30,000; Schedule19-662, La. Educational T.V. and No/100 ($10,000,000.00) Dollars as partial satisfaction of the Authority for KLTM Monroe, Transmitter, Transmission Line debt owed to that the State General Fund by the Health Care Service and Antenna Replacement, Planning and Construction in Division of the Louisiana State University System.” Ouachita Parish $230,000; Schedule 19-698 Education Support D. If a positive balance remains in the fund after satisfying the Services for Bunkie Youth Center Acquisitions, Renovations and requirements of Paragraphs (B) and (C), such balance shall be Major Repairs, Planning and Construction in Avoyelles Parish available to finance projects for which an appropriation is made in $25,000; Schedule 36-L08, Lake Borgne Basin Levee District for Priority 1 of the Act that originated as House Bill 2 of the 2001 Tidal Flood Protection for Reggio/Florisant Area in St. Bernard Regular Session as follows: Parish $15,000; Schedule 36-P06, Twin Parish Port Commission Schedule 06-262, Office of the State Library for State Library for Bulkheading and Site Improvements in Iberia Parish Expansion, Construction, and Equipment in East Baton Rouge $500,000; Schedule 36-P38, Natchitoches Parish Port for Parish $140,000; Schedule 07-274, Public Improvements for Relocation of La. Highway 486 at the Natchitoches Parish Port Morganza to the Gulf of Mexico Flood Control Feasibility near its Intersection with La. Highway 6 (0.8 Miles) in Study Planning, Design, Right of Way, and Construction of Natchitoches Parish $135,000; Schedule 50-J02, Allen Parish for Levees, Floodgates and Other Flood Control Systems Parish Health Units, Planning, Acquisition and Construction in ($61,870,000 Federal Match) in the parishes of Ascension, Allen Parish $590,000; Schedule 50-J09, Caddo Parish for Assumption, St. Mary, Terrebonne, West Baton Rouge, Iberia, Caddo Pine Island Oil and Historical Society Museum Iberville, Lafourche, Pointe Coupee and St. Martin $40,000; Construction in Caddo Parish $100,000; Schedule 50-J16, Schedule 07-276, Office of Engineering, District 2 Headquarters Desoto Parish for Keatchie Four Forks Road Improvements in and Sub-District Headquarters Relocation, Acquisition of Sites Desoto Parish $160,000; Schedule 50-J26, Jefferson Parish for and Buildings, Planning, Renovation, and Construction in Bayou Segnette Pump Station and Floodwall, Planning and Lafourche and Terrebonne parishes $500,000; Schedule 08-401, Construction ($325,000 Local Match) in Jefferson Parish Phelps Correctional Center for Waste Water Systems and Lift $535,000; Schedule 50-J26, Jefferson Parish for Jefferson Station Construction in Beauregard Parish $625,000; Schedule Highway Drainage Improvements in Jefferson Parish $5,000; 08-402, Louisiana State Penitentiary for Electrical Distribution Schedule 50-J26, Jefferson Parish for Sports Complex/Airline System Upgrade Construction in West Feliciana Parish Highway Improvements (Lasalle Tract) in Jefferson Parish $960,000; Schedule 50-N05 Ernest N. Morial Convention $200,000; Schedule 50-J27, Jefferson Davis Parish for Police Center, Phase 3 Expansion, Engineering, Design, Site Jury Annex, Planning and Construction in Jefferson Davis Development, and Construction ($12,000,000 Local Match) Parish $395,000; Schedule 50 J28, Lafayette Parish for Acadiana (Provided, however, that no resolution or ordinance adopted by recovery Center, Planning and Construction in Lafayette Parish the New Orleans City Council is in effect nor is any resolution $1,000,000; Schedule 50-J54, Tensas Parish for Fertilizer Plant or ordinance or other action taken by the said Council which Road Construction in Tensas Parish $60,000; Schedule 50- would prevent the completion and/or utilization of this project M54, Cotton Valley for Water System Improvements in and the property upon which it is located for and in accordance Webster Parish $50,000; Schedule 50-MG3, Leesville for with the intended use of this project as set forth in the capital Northside Industrial Park Building in Vernon Parish $385,000; outlay request and feasibility study for this project; the Schedule 50-ML4, New Roads for Morrison Parkway, Retaining property expropriated for this project is used (a) for the Wall Rehabilitation and Other Improvements ($100,000 non- purposes for which it was expropriated, including truck state match) in Pointe Coupee Parish $160,000; Schedule 50- marshaling, and/or future development, or (b) as all or part of the MN9, Pollock for Access Road for US Federal Correctional consideration granted by the Ernest N. Morial – New Orleans Complex, Land Acquisition, Planning and Construction in Grant Exhibition Hall Authority acquires other property in that part Parish $575,000; Schedule 50-MQ5, St. Martinville for The of the City of New Orleans bounded by Thalia Street, Acadian Memorial Renovations in St. Martin Parish $45,000; 39th DAY'S PROCEEDINGS Page 109 SENATE June 11, 2001

Schedule 50-MR1, Shreveport for Sci-Port Discovery On page 10, line 16, change “Section 13” to “Section 14" Center/Theater, Construction and Exhibit Acquistion ($3,200,000 Local Match) in Caddo Parish $3,965,000; AMENDMENT NO. 13 Schedule 50-N17, South Terrebonne Tidewater and On page 10, line 22, change “Section 14” to “Section 15" Conservation District for Hurricane Protection System, Construction, Equipment and Acquistion of Flood Gates in AMENDMENT NO. 14 Terrebonne Parish $95,000; Schedule 50-N18, Iberia Parish On page 11, line 3, change “Section 15” to “Section 16" Airport Authority for Aircraft Maintenance and Paint Hangar to Serve 747 Aircraft, Planning and Construction in Iberia Parish AMENDMENT NO. 15 $320,000; Schedule 50-N22 North West La. Juvenile Detention On page 11, line 8, change “Section 16” to “Section 17" Center Authority for Northwest Louisiana Detention Center and Ware Youth Center Vocational Training Center and Support AMENDMENT NO. 16 Buildings, Construction in Red River Parish $910,000; Schedule On page 11, line 12, change “Section 17” to “Section 18" 50-N83, Rapides Parish Airport Authority for Roof and Wall Panel Replacement, Planning and Construction in Rapides Parish AMENDMENT NO. 17 $5,000; Schedule 50-N98 Kingsley House for Kingsley House On page 11, line 17, change “Section 18” to “Section 19” Renovation and Expansion Planning and Construction in Orleans Parish $10,000; Schedule 50-NA2, Lafayette Airport AMENDMENT NO. 18 Commission for Major Infrastructure Improvements Planning On page 11, delete lines 22 through 26 in their entirety and insert the and Construction ($265,000 Local Match) in Lafayette Parish following: $545,000. E. If a positive balance remains in the fund after satisfying the "Section 20. Sections 3, 10, 13, 17, 18 and 20 of this Act shall requirements of Paragraph (B), (C), and (D), the treasurer shall become effective July 1, 2002. reserve an amount sufficient to eliminate any deficit that occurs in the Section 21. Sections 1, 2, 4, 5, 6, 7, 8, 9, 11, 12, 14, 15, 16, 19, State Group Benefits Program from operations in Fiscal Year 2001- and 21 shall become effective on July 1, 2001; if vetoed by the 2002 governor and subsequently approved by the legislature, Section 1, 2, F. Any monies remaining in the Deficit Elimination/Capital 4, 5, 6, 7, 8, 9, 11, 12, 14, 15, 16, 19 and 21 of this Act shall become Outlay Escrow Replenishment Fund after satisfying the requirements effective on July 1, 2001, or on the day following such approval by of Paragraphs (B), (C), (D), and (E) shall be transferred to the State the legislature, whichever is later. General Fund for satisfaction of any remaining debt owed to the State General Fund by the Health Care Service Division of the Louisiana AMENDMENT NO. 19 State University System.” On page 20, delete lines 1 and 2 in their entirety. G. This Section shall be null and void and of no effect beginning July 1, 2003." On motion of Senator Dardenne, the committee amendment was adopted. Under the provisions of Joint Rule No. 3 of the Rules of AMENDMENT NO. 4 the Senate, the amended bill was read by title and referred to the On page 6, line 19, change “Section 5.” to “Section 6.” Legislative Bureau.

AMENDMENT NO. 5 HOUSE BILL NO. 1822— On page 7, line 6, change “Section 6” to “Section 7” BY REPRESENTATIVE MURRAY AN ACT AMENDMENT NO. 6 To amend and reenact R.S. 47:322.38(D), relative to the expenditure On page 9, line 24, change “Section 7” to “Section 8” of state funds; to provide for the disposition of certain monies appropriated from the New Orleans Area Tourism and AMENDMENT NO. 7 Economic Development Fund; to provide for the retention of On page 10, line 9, change “Section 8” to “Section 9" certain unexpended and unencumbered monies at the end of the fiscal year; and to provide for related matters. AMENDMENT NO. 8 On page 10, line 11, change “Section 9” to “Section 10” Reported favorably by the Committee on Finance. Under the provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was AMENDMENT NO. 9 read by title and referred to the Legislative Bureau. On page 10, line 12, change “Section 10” to “Section 11” HOUSE BILL NO. 1870— BY REPRESENTATIVE LEBLANC AMENDMENT NO. 10 AN ACT On page 10, line 13, change “Section 11” to “Section 12" To appropriate funds from certain sources to be allocated to designated agencies and designated purposes in specific amounts AMENDMENT NO. 11 for the purpose of making supplemental appropriations for the On page 10, line 15, change “Section 12” to “Section 13” funding of said agencies and purposes and to substitute the means of financing for certain capital outlay projects during the AMENDMENT NO. 12 2000-2001 Fiscal Year; and to provide for related matters. Page 110 SENATE 39th DAY'S PROCEEDINGS June 11, 2001

Reported with amendments by the Committee on Finance. "Payable out of the State General Fund (Direct) for one-time salary supplements of $300 for SENATE COMMITTEE AMENDMENTS noncertificated support personnel employed by local school systems and for unclassified, non- Amendments proposed by Senate Committee on Finance to certificated support personnel employed by the Reengrossed House Bill No. 1870 by Representative LeBlanc Louisiana School for the Visually Impaired, the Louisiana School for the Deaf, the Louisiana AMENDMENT NO. 1 Special Education Center, the Louisiana School On page 1, after line 23, insert the following: for Math, Science and the Arts, the New Orleans Center for the Creative Arts, the Southern "05-252 DEPARTMENT OF ECONOMIC DEVELOPMENT University and LSU Lab Schools, the Special OFFICE OF BUSINESS DEVELOPMENT School Districts, and for nonpublic lunchroom employees eligible for state salary supplements $12,500,000 Payable out of the State General Fund (Direct) for deposit into the Statutory Dedications - Provided, however, the one-time salary supplements of $300 shall in Louisiana Economic Development Fund $6,000,000" no way affect existing salary schedules, or benefit formula for any noncertificated school support personnel. The one-time salary AMENDMENT NO. 2 supplements of $300 shall be made as one lump sum payment to On page 3, after line 43, insert the following: each individual affected and shall be considered a one-time payment effective for Fiscal Year 2001-2002 only. Any salary supplement "Payable out of the State General Fund (Direct) payments made in subsequent fiscal periods shall require additional for the Governor's Program for the gifted and appropriations. No contributions to retirement systems shall be talented at McNeese State University $116,500" made concomitant with these salary supplement payments, nor shall there be any effect on the computation of future retirement benefits. AMENDMENT NO. 3 Provided that appropriations in this Section shall be used to pay On page 5, after line 4, insert the following: salary supplements only for school personnel whose salary is paid for with state and local funds." "Section 3. Be it more or less estimated, the sum of Eight Hundred and Seventeen and No/100 $817.00) Dollars, is hereby AMENDMENT NO. 9 appropriated out of the general fund of the State of Louisiana to pay On page 7, between lines 38 and 39, insert the following: "Provided, judgment in the suit entitled Cynthia Caliste and Keith Evans v. the however, that the capital outlay appropriation contained in this State of Louisiana, bearing 19th Judicial Court, Division "A", Docket Section shall not be subject to the provisions of R.S. 39:82(A) No. 451164." through (E)."

AMENDMENT NO. 4 AMENDMENT NO. 10 On page 5, after line 4, insert the following: On page 7, line 39, change "Section 4." to "Section 8."

"Section 4. Be it more or less estimated, the sum of Eight On motion of Senator Dardenne, the committee amendment was Hundred, Seventy-three Thousand, Eight Hundred and one and adopted. Under the provisions of Joint Rule No. 3 of the Rules of No/100 ($873,801) Dollars, plus costs and interest through date of the Senate, the amended bill was read by title and referred to the payment, is hereby appropriated out of the general fund of the State Legislative Bureau. of Louisiana to pay judgment in the suit entitled "Krielow Brothers, Inc. v. State of Louisiana, Division of Administration, et al, bearing HOUSE BILL NO. 1916— number 461,228, Div. "I" of the Nineteenth Judicial District Court, BY REPRESENTATIVES FRUGE AND RIDDLE Parish of East Baton Rouge, State of Louisiana" AN ACT To amend and reenact R.S. 39:51(D) and to enact R.S. 39:51(E), MENDMENT NO. 5 relative to the state operating budget; to require the On page 5, line 5, change "3" to "5" commissioner of administration to provide certain information on employee positions and costs contained in the General AMENDMENT NO. 6 Appropriation Bill to the House Committee on Appropriations; On page 5, line 12, change "4" to "6" to require approval of the Joint Legislative Committee on the Budget for certain additions of employee positions or increases AMENDMENT NO. 7 in employee compensation for certain positions; to provide for On page 7, line 16, delete "30,785,000" and insert "12,385,000" an effective date; and to provide for related matters.

AMENDMENT NO. 8 Reported with amendments by the Committee on Finance. On page 7, between lines 38 and 39, insert the following: SENATE COMMITTEE AMENDMENTS "Section 7. SCHOOL SUPPORT PERSONNEL SALARY SUPPLEMENT Amendments proposed by Senate Committee on Finance to Reengrossed House Bill No. 1916 by Representative Fruge 39th DAY'S PROCEEDINGS Page 111 SENATE June 11, 2001

AMENDMENT NO. 1 On page 1, line 3, after "R.S. 17:3351(A)(5)(b)(vi)" insert "and R.S. On page 2, line 11, delete "four" and insert "ten" 17:1855(C)"

AMENDMENT NO. 2 AMENDMENT NO. 2 On page 2, delete lines 21 through 26 in their entirety and insert the On page 1, line 7, after "residents;" insert "to authorize the Board of following: Supervisors of Southern University and Agricultural and Mechanical College to impose certain program fee amounts;" "Section 2. This Act shall become effective on July 1, 2004." AMENDMENT NO. 3 On motion of Senator Dardenne, the committee amendment was On page 1, line 12, delete "R.S. 17:3351(A)(5)(b)(vi) is" and insert in adopted. Under the provisions of Joint Rule No. 3 of the Rules of lieu thereof: "R.S. 17:3351(A)(5)(b)(vi) and R.S. 17:1855(C) are" the Senate, the amended bill was read by title and referred to the Legislative Bureau. AMENDMENT NO. 4 On page 1, between lines 13 and 14 insert the following: HOUSE BILL NO. 1945— BY REPRESENTATIVE MARTINY §1855. Student tuition and attendance fees; program fees; authority AN ACT to impose To enact R.S. 17:3048.1(A)(1)(c)(iii), relative to the Tuition * * * Opportunity Program for Students Performance Award; to R.S. 17:1855(C) is all proposed new law. provide eligibility requirements for an initial award; to provide C. In addition to the authority granted the Board of Supervisors conditions and limitations; to provide for an effective date; and of Southern University and Agricultural and Mechanical College by to provide for related matters. R.S. 17:3351(A)(5) and in accordance with the provisions of Article VII, Section 2.1 of the Constitution of Louisiana, the board may Reported favorably by the Committee on Finance. Under the impose a program fee not to exceed two hundred dollars per student provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was per semester, for students at Southern University at Shreveport read by title and referred to the Legislative Bureau. pursuing the clinical portion of their studies in allied health programs, subject to the approval of the Joint Legislative Committee on the HOUSE BILL NO. 1979— Budget." BY REPRESENTATIVES MURRAY AND CURTIS AN ACT To appropriate funds out of the General Fund of the state of On motion of Senator Dardenne, the committee amendment was Louisiana to be used to pay the Public Belt Railroad adopted. Under the provisions of Joint Rule No. 3 of the Rules of Commission certain amounts due pursuant to the joint the Senate, the amended bill was read by title and referred to the maintenance contract with the Department of Transportation Legislative Bureau. and Development relative to the Huey P. Long Bridge; to HOUSE BILL NO. 2013— provide for costs; and to provide for related matters. BY REPRESENTATIVES MURRAY AND CURTIS AN ACT Reported favorably by the Committee on Finance. Under the To enact Subpart F of Part II-A of Chapter 1 of Subtitle I of Title 39 provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was of the Louisiana Revised Statutes of 1950, to be comprised of read by title and referred to the Legislative Bureau. R.S. 39:99, relative to special treasury funds; to create Sports Facility Assistance Fund as a special fund in the state treasury; HOUSE BILL NO. 2007— to provide for deposit of monies into the fund; to provide for BY REPRESENTATIVE ALARIO AN ACT uses of monies in the fund; to provide for an effective date; and To amend and reenact R.S. 17:3351(A)(introductory paragraph) and to provide for related matters. to enact R.S. 17:3351(A)(5)(b)(vi), relative to the powers, duties, and responsibilities of public postsecondary education Reported favorably by the Committee on Finance. Under the management boards; to authorize the public postsecondary provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was education management boards to establish and adjust tuition and read by title and referred to the Legislative Bureau. mandatory attendance fee amounts applicable to students who are Louisiana residents; to provide limitations; to provide for an HOUSE BILL NO. 2046— (Substitute for House Bill 1593 by Representative Damico) effective date; and to provide for related matters. BY REPRESENTATIVE DAMICO AN ACT Reported with amendments by the Committee on Finance. To amend and reenact R.S. 30:2195.6 and to enact R.S. 30:2195(F), relative to the Motor Fuels Underground Storage Tank Trust SENATE COMMITTEE AMENDMENTS Fund and underground storage tanks; to provide for the funding and uses of the Tank Trust Fund; to provide for the use of the Amendments proposed by Senate Committee on Finance to interest; to provide for ownership; to provide for abandoned Engrossed House Bill No. 2007 by Representative Alario underground storage tanks; to provide for liens and privileges for costs incurred by the state; and to provide for related matters. AMENDMENT NO. 1 Page 112 SENATE 39th DAY'S PROCEEDINGS June 11, 2001

Reported favorably by the Committee on Finance. Under the PRATT, QUEZAIRE, RICHMOND, RIDDLE, ROMERO, SALTER, SCALISE, SCHNEIDER, SCHWEGMANN, SHAW, GARY SMITH, JACK SMITH, JANE provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was SMITH, JOHN SMITH, SNEED, STELLY, STRAIN, SWILLING, THOMPSON, read by title and referred to the Legislative Bureau. TOOMY, TOWNSEND, TRICHE, TUCKER, WADDELL, WALSWORTH, WELCH, WINSTON, WOOTON AND WRIGHT A CONCURRENT RESOLUTION Rules Suspended To commend and express the deepest appreciation on behalf of the citizens of the state of Louisiana to Senator Diana E. Bajoie for Senator Dardenne asked for and obtained a suspension of the twenty-five years of dedicated, unselfish, and exemplary service rules for the purpose of hearing House Bill Nos. 542, 543, 696 and to the people of her district, the city of New Orleans, and the 1363 in the Committee on Finance without the required 24 hour state of Louisiana as a member of the Legislature of Louisiana. notice. SENATE CONCURRENT RESOLUTION NO. 154— Privilege Report of the Committee on BY SENATORS DUPRE, CHAISSON, AND GAUTREAUX AND REPRESENTATIVES BALDONE, DARTEZ, DOWNER, PITRE, TRICHE AND Senate and Governmental Affairs WOOTON A CONCURRENT RESOLUTION ENROLLMENTS To urge and request the governor to declare a state of emergency in Lafourche and Terrebonne parishes due to the effects of Senator Ullo, Chairman on behalf of the Committee on Senate Tropical Storm Allison. and Governmental Affairs, submitted the following report: SENATE CONCURRENT RESOLUTION NO. 17— June 11, 2001 BY SENATOR C. FIELDS A CONCURRENT RESOLUTION To the President and Members of the Senate: To urge and request the Department of State Civil Service to study modifying the civil service rules and regulations so as to accept I am directed by your Committee on Senate and Governmental certain college credits or degrees from schools which are a part Affairs to submit the following report: of the Louisiana Community and Technical College System.

The following Senate Concurrent Resolutions have been SENATE CONCURRENT RESOLUTION NO. 67— BY SENATORS IRONS, BAJOIE, B. JONES, MOUNT AND SCHEDLER properly enrolled: A CONCURRENT RESOLUTION To create a special legislative committee to provide oversight over the SENATE CONCURRENT RESOLUTION NO. 71— use of federal TANF funds. BY SENATOR IRONS AND REPRESENTATIVE K. CARTER A CONCURRENT RESOLUTION To urge and request the Department of Culture, Recreation and SENATE CONCURRENT RESOLUTION NO. 102— BY SENATOR C. JONES Tourism and the Department of Economic Development to A CONCURRENT RESOLUTION study the benefits of a Louisiana indigenous entertainment To amend and readopt Joint Rule No. 4(A)(2) of the Joint Rules of industry. the Senate and House of Representatives, relative to legislative instruments which establish a minimum or maximum mandatory SENATE CONCURRENT RESOLUTION NO. 144— prison sentence; to require that a copy of a fiscal note be BY SENATOR C. JONES AND REPRESENTATIVE HUNTER A CONCURRENT RESOLUTION attached to the instrument prior to its consideration by any To urge and request the Senate Committee on Judiciary B to study committee of either house of the legislature unless the committee the costs and economic impact of Louisiana's mandatory otherwise decides. minimum sentencing laws and the feasibility of the requirements that these sentencing laws place upon the state to fund the costs SENATE CONCURRENT RESOLUTION NO. 143— BY SENATOR CRAVINS of incarceration, and to make recommendations with respect to A CONCURRENT RESOLUTION less costly alternative sentencing options and programs. To urge and request the Department of Natural Resources and the Louisiana Home Builders Association to study the feasibility of SENATE CONCURRENT RESOLUTION NO. 153— adopting a statewide residential energy code and to create an BY SENATORS HAINKEL, BOISSIERE, HEITMEIER, IRONS, JOHNSON BARHAM, BEAN, CAIN, CAMPBELL, CHAISSON, CRAVINS, DARDENNE, advisory committee to assist the department in formulating a DEAN, DUPRE, ELLINGTON, C. FIELDS, W. FIELDS, FONTENOT, statewide residential energy code. GAUTREAUX, HINES, HOLLIS, HOYT, B. JONES, C. JONES, LAMBERT, LENTINI, MALONE, MARIONNEAUX, MCPHERSON, MICHOT, MOUNT, ROMERO, SCHEDLER, SMITH, TARVER, THEUNISSEN, THOMAS AND SENATE CONCURRENT RESOLUTION NO. 149— ULLO AND REPRESENTATIVES ALARIO, E. ALEXANDER, R. BY SENATORS HAINKEL, BOISSIERE, IRONS, SCHEDLER, BAJOIE, ALEXANDER, ANSARDI, BALDONE, BAUDOIN, BAYLOR, BOWLER, BARHAM, BEAN, CAIN, CAMPBELL, CHAISSON, CRAVINS, DARDENNE, BROOME, BRUCE, BRUNEAU, K. CARTER, R. CARTER, CAZAYOUX, DEAN, DUPRE, ELLINGTON, C. FIELDS, W. FIELDS, FONTENOT, CLARKSON, CRANE, CROWE, CURTIS, DAMICO, DANIEL, DARTEZ, GAUTREAUX, HEITMEIER, HINES, HOLLIS, HOYT, JOHNSON, B. JONES, DEVILLIER, DEWITT, DIEZ, DOERGE, DONELON, DOWNER, DURAND, C. JONES, LAMBERT, LENTINI, MALONE, MARIONNEAUX, MCPHERSON, ERDEY, FARRAR, FAUCHEUX, FLAVIN, FRITH, FRUGE, FUTRELL, MICHOT, MOUNT, ROMERO, SMITH, TARVER, THEUNISSEN, THOMAS GALLOT, GLOVER, GREEN, GUILLORY, HAMMETT, HEATON, HEBERT, AND ULLO AND REPRESENTATIVES TOOMY, RICHMOND AND GREEN HILL, HOLDEN, HOPKINS, HUDSON, HUNTER, HUTTER, ILES, L. JACKSON, M. JACKSON, JOHNS, KATZ, KENNARD, KENNEY, LAFLEUR, A CONCURRENT RESOLUTION LANCASTER, LANDRIEU, LEBLANC, LUCAS, MARTINY, MCCALLUM, To recognize and commend the Tulane University Green Wave MCDONALD, MCMAINS, MCVEA, MONTGOMERY, MORRELL, MORRISH, baseball team and the coaching staff on the team's superb play MURRAY, NEVERS, ODINET, PERKINS, PIERRE, PINAC, PITRE, POWELL, 39th DAY'S PROCEEDINGS Page 113 SENATE June 11, 2001

in the best-of-three NCAA Super Regional at Zephyr Field and SENATE BILL NO. 418— to extend best wishes on their pursuit of a national BY SENATOR SCHEDLER AND REPRESENTATIVE STRAIN championship in Omaha. AN ACT To amend and reenact R.S. 12:982.1, relative to dentists; to provide Respectfully submitted, for professional limited liability companies; to authorize CHRIS ULLO formation of a limited liability company by a single dentist; and Chairman to provide for related matters.

The foregoing Senate Concurrent Resolutions were signed by the SENATE BILL NO. 420— BY SENATORS HAINKEL AND SCHEDLER AND REPRESENTATIVES President of the Senate. BRUNEAU, CLARKSON AND SCHNEIDER AN ACT Privilege Report of the Committee on To amend and reenact Section 1 of Act No. 1 of the 1989 Regular Senate and Governmental Affairs Session of the Legislature, relative to the Crescent City Connection; to recognize the contributions of Captain Neville ENROLLMENTS Levy; and to provide for related matters. SENATE BILL NO. 494— Senator Ullo, Chairman on behalf of the Committee on Senate BY SENATOR HINES and Governmental Affairs, submitted the following report: AN ACT To enact R.S. 9:391.1, relative to legitimation of illegitimate children; June 11, 2001 to provide for the legitimate status of a child conceived and born after the death of the husband of the mother; to provide To the President and Members of the Senate: conditions under which such status is achieved; and to provide for related matters. I am directed by your Committee on Senate and Governmental Affairs to submit the following report: SENATE BILL NO. 503— BY SENATOR HINES AND REPRESENTATIVE DURAND The following Senate Bills have been properly enrolled: AN ACT To amend and reenact R.S. 37:913(5), relative to registered nurses; to SENATE BILL NO. 12— revise the definition of "authorized prescriber" to allow such BY SENATOR LENTINI prescribers to prescribe medical devices or appliances; and to AN ACT provide for related matters. To amend and reenact Code of Criminal Procedure Art. 793, relative to trial by jury; to allow jurors in criminal cases to take notes SENATE BILL NO. 510— under certain conditions; to authorize jurors to use such notes BY SENATOR SCHEDLER during deliberations; and to provide for related matters. AN ACT To enact R.S. 44:4(29), relative to public records; to exempt certain SENATE BILL NO. 104— records and information in the possession of the Louisiana State BY SENATOR ULLO Board of Examiners of Psychologists from the provisions of the AN ACT public records act; to provide for public access to certain To enact R.S. 28:53.2(E), relative to protective custody; to establish records; and to provide for related matters. a criminal penalty for executing a statement specifying the need for another person to be taken into protective custody that he SENATE BILL NO. 740— knows or should know is false; and to provide for related BY SENATOR BOISSIERE matters. AN ACT To repeal R.S. 22:36, relative to domestic incorporated insurers; SENATE BILL NO. 228— repeals the requirement for temporary bonds to be posted by BY SENATORS MOUNT AND THEUNISSEN AND REPRESENTATIVES original incorporators of insurance companies prior to issuance FLAVIN, GUILLORY, JOHNS, STELLY AND MORRISH AN ACT of certificates of authority by the Department of Insurance; and To name Interstate 210 located in the city of Lake Charles as the to provide for related matters. Doug Fournet Memorial Parkway; and to provide for related SENATE BILL NO. 105— matters. BY SENATOR ULLO AN ACT SENATE BILL NO. 234— To amend and reenact Code of Criminal Procedure Art. 659, relative BY SENATORS FONTENOT AND MARIONNEAUX AN ACT to insanity proceedings; to provide with respect to costs; to To enact R.S. 32:1306(C)(3)(d), relative to motor vehicle inspections; provide for fixing fees and expenses for mental examinations; to to provide for the applicability of certain additional fees; and to require the trial judge to utilize the fee schedule provided by law provide for related matters. when fixing fees and expenses for court ordered mental examinations and reports prior to commitment; and to provide for related matters. Page 114 SENATE 39th DAY'S PROCEEDINGS June 11, 2001

SENATE BILL NO. 379— SENATE BILL NO. 955— BY SENATORS ELLINGTON AND SMITH BY SENATORS DARDENNE AND SCHEDLER AN ACT AN ACT To enact Part XXIII of Chapter 13 of Title 38 of the Louisiana To amend and reenact R.S. 9:2799(A)(1) and (B), relative to Revised Statutes of 1950, to be comprised of R.S. 38:3087.141 limitation of liability for damages from donations; to provide through 3087.155, relative to water conservation; to provide for with respect to the donation of vitamins without incurring the creation of the Castor Creek Reservoir District and a board liability for damages; to provide for limitation of liability for of commissioners for the district; to provide for jurisdiction, food bank distributors; to provide for definitions; and to provide powers, and functions of the district and the board, including for related matters. authority for taxation and expropriation; to provide for enforcement of rules and regulations of the board; to provide for SENATE BILL NO. 1002— violations and penalties; to provide for the powers and duties of BY SENATOR HAINKEL certain state departments and agencies; and to provide for related AN ACT matters. To amend and reenact R.S. 37:693(B)(3), relative to land surveyor interns; to provide for the qualifications of land surveyor SENATE BILL NO. 672— interns; and to provide for related matters. BY SENATOR MCPHERSON AN ACT SENATE BILL NO. 372— To amend and reenact R.S. 17:179(A), relative to student BY SENATOR W. FIELDS identification badges; to authorize certain local school boards in AN ACT certain parishes to issue student identification badges; and to To amend and reenact R.S. 48:442(3)(d) and to enact R.S. provide for related matters. 48:442(3)(e), relative to expropriation; to require certain notification to the owners of property; and to provide for SENATE BILL NO. 680— related matters. BY SENATOR MCPHERSON AN ACT SENATE BILL NO. 412— To authorize and empower the Board of Commissioners of the Red BY SENATOR ELLINGTON River, Atchafalaya, and Bayou Boeuf Levee District to exchange AN ACT title to certain properties in Rapides Parish with the Hemphill To enact Part XXIII of Chapter 13 of Title 38 of the Louisiana Star Church and Hemphill Star Cemetery; and to provide for Revised Statutes of 1950, to be comprised of R.S. 38:3087.141 related matters. through 3087.148, relative to water conservation; to provide for the creation of the Turkey Creek Reservoir District and a board SENATE BILL NO. 764— of commissioners for the district; to provide for jurisdiction; and BY SENATOR DARDENNE to provide for related matters. AN ACT To amend and reenact R.S. 17:525(A), relative to school districts; to SENATE BILL NO. 1076— continue the applicability of provisions concerning promotion BY SENATORS HOYT AND SCHEDLER of certain school employees to certain school districts; and to AN ACT provide for related matters. To enact Civil Code Art. 136.1 and Children's Code Art. 1015(8), relative to visitation rights; to provide that if the child was SENATE BILL NO. 769— conceived through the commission of a felony rape, the natural BY SENATORS GAUTREAUX AND CAIN parent who committed the felony rape shall be denied visitation AN ACT rights; to provide that the commission of a felony rape which To amend and reenact R.S. 33:1236(60), relative to parishes; to resulted in the conception of the child shall be grounds for continue the authority of sewage districts in certain parishes to termination of parental rights; and to provide for related matters. have privileges against property for unpaid service charges or sewage disposal services; and to provide for related matters. SENATE BILL NO. 431— BY SENATOR MICHOT SENATE BILL NO. 941— AN ACT BY SENATOR HAINKEL To amend and reenact Civil Code Art. 2315, relative to liability for AN ACT acts which cause damage; to provide for the recovery of sales tax To enact R.S. 4:266, relative to racing; to provide with respect to paid by the owner of the property damaged; to provide that Louisiana horsemen injury compensation fund; to provide for damages shall include any sales tax paid by the owner on the workers' compensation group benefits program; and to provide property damaged; and to provide for related matters. for related matters. SENATE BILL NO. 564— SENATE BILL NO. 954— BY SENATOR ROMERO BY SENATOR DARDENNE AN ACT AN ACT To enact 9:203(D), relative to marriage; to authorize federal court To amend and reenact R.S. 9:2801, relative to partition of community judges to perform marriage ceremonies within the state; to property; to provide for orders partitioning retirement and other provide for termination of the authority; and to provide for deferred work benefits; and to provide for related matters. related matters. 39th DAY'S PROCEEDINGS Page 115 SENATE June 11, 2001

SENATE BILL NO. 574— SENATE BILL NO. 1074— BY SENATOR ULLO BY SENATOR LAMBERT (BY REQUEST) AN ACT AN ACT To amend and reenact R.S. 42:1132(B)(2)(a), relative to the To amend and reenact R.S. 45:1194, relative to contests of public appointment of members to the Board of Ethics; to require that service commission actions; to provide for consideration by the the appointment of the members to the Board of Ethics be made public service commission of additional evidence in certain within sixty days of their nomination; and to provide for related circumstances; to require a remand for such consideration and to matters. provide for the actions which may be taken upon such remand; and to provide for related matters. SENATE BILL NO. 702— BY SENATOR DARDENNE Respectfully submitted, AN ACT CHRIS ULLO To enact R.S. 17:154.4, relative to public school schedules; to require Chairman the governing authority of any city, parish, or other local public school system to schedule and conduct an additional The foregoing Senate Bills were signed by the President of the instructional day under certain circumstances; and to provide for Senate. related matters. Message to the Governor SENATE BILL NO. 703— BY SENATOR MALONE AN ACT SIGNED SENATE BILLS To amend and reenact R.S. 51:423(A), relative to unfair sales practices; to prohibit the sale of information by retail or June 11, 2001 wholesale grocers concerning customers derived from the issuance to and use of certain cards by customers; and to To the Honorable Governor of the State of Louisiana: provide for related matters. The President of the Senate and the Speaker of the House of SENATE BILL NO. 753— Representatives have signed the following Senate Bills: BY SENATOR BOISSIERE AN ACT SENATE BILL NO. 197— To amend and reenact R.S. 22:1304(A) and to enact R.S. 22:1304(C), BY SENATOR ULLO relative to insurers; to provide for examinations and AN ACT investigations of insurers; to provide for examinations of third To amend and reenact R.S. 8:1(6), 62, 75, 451, 454, 457(A) party administrators for insurers or self-insurance funds; and to (introductory paragraph), 459.1(B) and (D), 465(C)(2), and 662, provide for related matters. and R.S. 33:2740.1, and to enact R.S. 8:454.1, relative to cemeteries; to provide for the operation of perpetual or endowed SENATE BILL NO. 1025— care cemeteries; to provide for the makeup of the cemetery BY SENATOR MCPHERSON board; to increase fines for violations of board rules and AN ACT regulations; to provide relative to trust funds and the To amend and reenact R.S. 48:461.4(b)(3), relative to advertising administration thereof; to provide for the definition of "ward" signs; to provide that certain signs shall not be placed in a with regard to the maintenance of public cemeteries; and to stacked configuration; and to provide for related matters. provide for related matters.

SENATE BILL NO. 1031— SENATE BILL NO. 249— BY SENATOR FONTENOT BY SENATOR DUPRE AN ACT AN ACT To amend and reenact R.S. 32:1726(B), relative to motor vehicles; to To enact Part VI of Title 19 of the Louisiana Revised Statutes of provide for the maximum charge for storage of certain unclaimed 1950, to be comprised of R.S. 19:251 through 258, relative to vehicles; and to provide for related matters. expropriation by Terrebonne Parish Consolidated Government; to authorize the governing authority of the consolidated SENATE BILL NO. 1044— government to expropriate by a declaration of taking; to define BY SENATOR SMITH AN ACT terms; to provide for procedures; to provide for purposes of the To amend and reenact R.S. 47:463.8(B) and (D), relative to special expropriation; and to provide for related matters. license plates; to eliminate the regular motor vehicle registration license fee for special license plates for antique motor vehicles SENATE BILL NO. 251— BY SENATOR DUPRE and motorcycles; and to provide for related matters. AN ACT To enact Part VI of Title 19 of the Louisiana Revised Statutes of 1950, to be comprised of R.S. 19:251 through 258, relative to expropriation by the Consolidated Terrebonne Parish Waterworks District No. 1; to authorize the district to expropriate by a declaration of taking; to define terms; to Page 116 SENATE 39th DAY'S PROCEEDINGS June 11, 2001

provide for procedures; to provide for purposes of the expropriation; and to provide for related matters.

SENATE BILL NO. 738— BY SENATORS MOUNT AND SCHEDLER AN ACT To amend and reenact R.S. 15:440.4(A)(5), R.S. 23:1021(11), R.S. 24:932(4), R.S. 40:1299.39(A)(1)(a)(ii) and 1299.41, Children's Code Art. 326(A)(7), 1172, 1173(A)(2), 1272(D), and Code of Evidence Art. 510(A)(4)(c), relative to licensed professional counselors; to revise definitions; to provide for the authority of licensed professional counselors; to provide for an effective date; and to provide for related matters.

SENATE BILL NO. 1102—(Substitute for Senate Bill 543 by Senator Cain) (Duplicate of House Bill No. 1949) BY SENATOR C. FIELDS AND REPRESENTATIVE ERDEY AN ACT To amend and reenact R.S. 51:912.22 (4), relative to manufactured or mobile homes; to provide additional requirements for the installation of manufactured or mobile homes; and to provide for related matters.

and they are hereby presented for executive approval.

Respectfully submitted, MICHAEL S. BAER, III Secretary of the Senate

Leaves of Absence

The following leaves of absence were asked for and granted:

Bean 1 Day Cain ½ Day Johnson ½ Day Malone ½ Day Schedler ½ Day Tarver ½ Day

Adjournment

Senator Lambert moved that the Senate adjourn until Tuesday, June 12, 2001, at 9:00 o'clock A.M.

The President of the Senate declared the Senate adjourned until 9:00 o'clock A.M. on Tuesday, June 12, 2001.

MICHAEL S. BAER, III Secretary of the Senate

GAYE F. HAMILTON Journal Clerk