Erdey Montgomery Walsworth OFFICIAL JOURNAL Fannin Morrell Welch Farrar Morrish Winston OF THE Faucheux Murray Wooton Flavin Nevers Wright HOUSE OF Frith Odinet Total—104 REPRESENTATIVES ABSENT OF THE Landrieu Total—1 STATE OF LOUISIANA The Speaker announced that there were 104 members present and a quorum. TWENTY-NINTH DAY'S PROCEEDINGS Prayer Prayer was offered by Rep. Lucas. Twenty-ninth Regular Session of the Legislature Pledge of Allegiance Under the Adoption of the Constitution of 1974 Rep. Jane Smith led the House in reciting the Pledge of Allegiance to the Flag of the United States of America. House of Representatives Reading of the Journal State Capitol On motion of Rep. Frith, the reading of the Journal was Baton Rouge, Louisiana dispensed with. Thursday, May 22, 2003 On motion of Rep. Frith, the Journal of May 21, 2003, was adopted. The House of Representatives was called to order at 1:00 P.M., by the Honorable Charlie DeWitt, Speaker of the House of Suspension of the Rules Representatives. On motion of Rep. Bruneau, the rules were suspended in order Morning Hour to allow the Committee on Appropriations to meet while the House was in session. ROLL CALL Petitions, Memorials and The roll being called, the following members answered to their names: Communications PRESENT The following petitions, memorials, and communications were received and read: Mr. Speaker Fruge Perkins Alario Futrell Peychaud Message from the Senate Alexander Gallot Pierre Ansardi Glover Pinac HOUSE CONCURRENT RESOLUTIONS Arnold Green Pitre Baldone Guillory Powell May 21, 2003 Baudoin Hammett Quezaire Baylor Heaton Richmond To the Honorable Speaker and Members of the House of Beard Hebert Romero Representatives: Bowler Hill Salter Broome Honey Scalise I am directed to inform your honorable body that the Senate has Bruce Hopkins Schneider concurred in the following House Concurrent Resolutions: Bruneau Hudson Schwegmann Capella Hunter Shaw House Concurrent Resolution No. 166 Carter, K Hutter Smith, G.—56th Returned without amendments. Carter, R Iles Smith, J.D.—50th Cazayoux Jackson, L Smith, J.H.—8th Respectfully submitted, Crane Jackson, M Smith, J.R.—30th Crowe Johns Sneed MICHAEL S. BAER, III Curtis Katz Stelly Secretary of the Senate Damico Kennard Strain Daniel Kenney Swilling Message from the Senate Dartez LaFleur Thompson Devillier Lancaster Toomy HOUSE BILLS Diez LeBlanc Townsend Doerge Lucas Triche May 21, 2003 Downer Martiny Tucker Downs McDonald Waddell To the Honorable Speaker and Members of the House of Durand McVea Walker Representatives: Page 2 HOUSE 29th Day's Proceedings - May 22, 2003 I am directed to inform your honorable body that the Senate has finally passed the following House Bills: SENATE BILL NO. 476— BY SENATOR BAJOIE House Bill No. 147 AN ACT Returned with amendments. To enact R.S. 14:67.22, relative to theft; to create the crime of theft of a used building component; to provide for criminal penalties; House Bill No. 214 to provide for definitions; and to provide for related matters. Returned with amendments. Read by title. House Bill No. 280 Returned with amendments. SENATE BILL NO. 522— BY SENATOR C. JONES House Bill No. 456 AN ACT Returned with amendments. To amend and reenact Code of Criminal Procedure Art. 926.1 (A)(1), (H)(3), and (K) and R.S. 15:151.2(G) and to enact Code of House Bill No. 749 Criminal Procedure Art. 926.1(A)(3) and 930.7(D), relative to Returned with amendments. post conviction relief; to provide relative to DNA testing; to extend the period of time in which an application for post House Bill No. 778 conviction relief through DNA testing can be made; to require Returned with amendments. appointment of counsel for an indigent petitioner for such relief; to create the Court Appointed Counsel for Post-Conviction House Bill No. 959 Relief for Indigents in Non-Capital Cases Fund; to place such Returned with amendments. fund under the authority of the Indigent Defense Assistance Board; and to provide for related matters. House Bill No. 1129 Returned with amendments. Read by title. SENATE BILL NO. 801— House Bill No. 1136 BY SENATOR MARIONNEAUX Returned with amendments. AN ACT To enact R.S. 15:587(E), relative to criminal history records; to allow House Bill No. 1342 certain employers or their representatives to obtain criminal Returned with amendments. history records of persons applying for employment; and to provide for related matters. Respectfully submitted, Read by title. MICHAEL S. BAER, III Secretary of the Senate SENATE BILL NO. 806— BY SENATOR JOHNSON Message from the Senate AN ACT To enact R.S. 17:285.1 and R.S. 40:1797.1, relative to firearms and SENATE BILLS firearm safety devices; to provide for firearm accident prevention programs in public elementary schools; to provide May 22, 2003 for an effective date; and to provide for related matters. To the Honorable Speaker and Members of the House of Read by title. Representatives: SENATE BILL NO. 923— I am directed to inform your honorable body that the Senate has BY SENATOR HOYT finally passed the following Senate Bills: AN ACT To amend and reenact Civil Code Arts. 2036 and 2037 and to enact Senate Bill Nos. 476, 522, 801, 806, 923, and 1025 Chapter 7 of Code Title IV of Code Book III of Title 9 of the Louisiana Revised Statutes of 1950, to be comprised of R.S. Respectfully submitted, 9:2790.1 through 2790.12, all relative to obligations; to provide for the Uniform Fraudulent Transfer Act; to provide for MICHAEL S. BAER, III definitions; to provide that certain transfers are fraudulent; to Secretary of the Senate provide for remedies of creditors; to provide for defenses, liability and protection of a transferee; to provide for extinguishment of a cause of action; and to provide for related Suspension of the Rules matters. On motion of Rep. Peychaud, the rules were suspended in order Read by title. to take up the bills contained in the message at this time. SENATE BILL NO. 1025— Senate Bills and Joint Resolutions BY SENATOR DARDENNE on First Reading AN ACT To amend and reenact R.S. 39:99.12(A), relative to the sale of The following Senate Bills and Joint Resolutions on first reading tobacco assets; to provide for the sale of certain assets; and to were taken up, read, and placed upon the calendar for their second provide for related matters. reading: Page 3 HOUSE 29th Day's Proceedings - May 22, 2003 Read by title. SENATE BILL NO. 27— BY SENATOR HAINKEL AN ACT Introduction of Resolutions, To amend and reenact R.S. 56:116.1(B)(1), relative to the use of House and House Concurrent aircraft in the taking of wild turkey and white-tailed deer; to prohibit the use of aircraft for the taking, or spotting of either The following members introduced the following entitled House species; and to provide for related matters. and House Concurrent Resolutions, which were read the first time by their titles and placed upon the calendar for their second reading: Read by title. HOUSE RESOLUTION NO. 77— Under the rules, the above bill was referred to the Committee on BY REPRESENTATIVE SCHNEIDER A RESOLUTION Natural Resources. To commend Wesley Clark and the Lake Castle North Private School SENATE BILL NO. 89— MathCounts team. BY SENATOR MCPHERSON AN ACT Read by title. To enact R.S. 39:199(G), relative to information technology; to provide for a program for the acquisition of data processing On motion of Rep. Schneider, and under a suspension of the equipment and software that allows small businesses to rules, the resolution was adopted. participate; to provide for the establishment of procedures; and to provide for related matters. HOUSE CONCURRENT RESOLUTION NO. 169— BY REPRESENTATIVE BROOME A CONCURRENT RESOLUTION Read by title. To provide with respect to the promotion and strengthening of Under the rules, the above bill was referred to the Committee on marriages. Appropriations. Read by title. SENATE BILL NO. 116— BY SENATOR DARDENNE Lies over under the rules. AN ACT To enact R.S. 40:2155(B)(8) and (9), relative to adult residential care HOUSE CONCURRENT RESOLUTION NO. 170— homes; to provide for resident support during times of BY REPRESENTATIVE WALSWORTH A CONCURRENT RESOLUTION emergency and natural disasters; and to provide for related To urge and request the state fire marshal to develop alternative matters. methods of providing education and training on fire safety and fire prevention procedures to the staff and residents of assisted Read by title. living facilities. Under the rules, the above bill was referred to the Committee on Read by title. Health and Welfare. SENATE BILL NO. 207— On motion of Rep. Walsworth, and under a suspension of the BY SENATOR BOISSIERE rules, the resolution was adopted. AN ACT To amend and reenact R.S. 14:27(D)(1) and to enact R.S. 14:27(E), Ordered to the Senate. relative to attempted crimes; to provide relative to attempts of certain crimes; to increase penalties for such attempts when the House and House Concurrent Resolutions victim is a peace officer; to define peace officer; and to provide for related matters. The following House and House Concurrent Resolutions lying over were taken up and acted upon as follows: Read by title. HOUSE RESOLUTION NO. 73— Under the rules, the above bill was referred to the Committee on BY REPRESENTATIVE MURRAY Administration of Criminal Justice. A RESOLUTION To adopt House Rule 6.8(H) of the Rules of Order of the House of SENATE BILL NO. 283— Representatives, to provide for recommittal of bills that provide BY SENATOR BOISSIERE exceptions to public records laws.