of the house of representativeshouse.louisiana.gov/h_journals/h_journals_all/2001_rs...alario green...

2789

OFFICIAL JOURNAL

OF THE

HOUSE OFREPRESENTATIVES

OF THE

STATE OF LOUISIANA

FORTY-NINTH DAY'S PROCEEDINGS

Twenty-seventh Regular Session of the LegislatureUnder the Adoption of the

Constitution of 1974

House of RepresentativesState Capitol

Baton Rouge, Louisiana

Sunday, June 17, 2001

The House of Representatives was called to order at 5:00 P.M., bythe Honorable Charlie DeWitt, Speaker of the House ofRepresentatives.

Morning Hour

ROLL CALL

The roll being called, the following members answered to theirnames:

PRESENT

Mr. Speaker Glover PerkinsAlario Green PierreAlexander, E Guillory PinacAlexander, R Hammett PitreAnsardi Heaton PowellBaldone Hebert PrattBaylor Hill QuezaireBowler Holden RichmondBroome Hopkins RiddleBruce Hudson RomeroBruneau Hunter SalterCarter, K Hutter ScaliseCarter, R Iles SchneiderCazayoux Jackson, L SchwegmannClarkson Jackson, M ShawCrane Johns Smith, G.—56thCrowe Katz Smith, J.D.—50thCurtis Kennard Smith, J.H.—8thDamico Kenney Smith, J.R.—30thDaniel LaFleur SneedDartez Lancaster StellyDevillier Landrieu StrainDiez LeBlanc SwillingDoerge Lucas ThompsonDonelon Martiny ToomyDowner McCallum TownsendDurand McDonald TricheErdey McMains TuckerFarrar McVea Waddell

Faucheux Montgomery WalsworthFlavin Morrell WelchFrith Morrish WinstonFruge Murray WootonFutrell Nevers WrightGallot Odinet Total—104

ABSENT

Baudoin Total—1

The Speaker announced that there were 104 members present anda quorum.

Prayer

Prayer was offered by Rep. Lucas.

Pledge of Allegiance

Rep. Lydia Jackson led the House in reciting the Pledge ofAllegiance to the Flag of the United States of America.

Reading of the Journal

On motion of Rep. Frith, the reading of the Journal was dispensedwith.

On motion of Rep. Frith, the Journal of June 15, 2001, wasadopted.

Suspension of the Rules

On motion of Rep. Sneed, the rules were suspended to limit theauthor or proponent handling the legislative instrument to ten minutesfor opening remarks and all subsequent speakers on the instrument tofive minutes.

Petitions, Memorials andCommunications

The following petitions, memorials, and communications werereceived and read:

Message from the Senate

SIGNED SENATE CONCURRENT RESOLUTIONS

June 16, 2001

To the Honorable Speaker and Members of the House ofRepresentatives:

I am directed to inform your honorable body that the President ofthe Senate has signed the following Senate Concurrent Resolutions:

Senate Concurrent Resolution Nos. 160, 163, 164, 4, 129, 147, 23, 25,29, 31, 54, 74, 92, 99, 100, and 103

and ask the Speaker of the House of Representatives to affix hissignature to the same.

Respectfully submitted,

MICHAEL S. BAER, IIISecretary of the Senate

The Senate Concurrent Resolutions contained herein were signedby the Speaker of the House.

HOUSE49th Day's Proceedings - June 17, 2001

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SIGNED SENATE BILLS AND JOINT RESOLUTIONS

June 17, 2001


I am directed to inform your honorable body that the President ofthe Senate has signed the following Senate Bills:

Senate Bill Nos. 200, 332, 936, 991, 1008, 1035, 1086, 11, 18, 53,152, 182, 193, 263, 453, 757, 779, 119, 230, 364, 365, 390, 807,822, 1046, 1054, 1105, 455, 722, 835, 881, 360, 438, 511, 665,887, 1041, and 240.

and ask the Speaker of the House of Representatives to affix hissignature to the same.



The Senate Bills contained herein were signed by the Speaker ofthe House.


HOUSE BILLS

June 15, 2001


I am directed to inform your honorable body that the Senate hasfinally passed the following House Bills:

House Bill No. 48Returned with amendments.








House Bill No. 774Returned without amendments.


























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House Bill No. 1665 House Bill No. 2046Returned with amendments. Returned with amendments.

House Bill No. 1669 Respectfully submitted,Returned without amendments.

House Bill No. 1716 Secretary of the SenateReturned with amendments.




















MICHAEL S. BAER, III


HOUSE CONCURRENT RESOLUTIONS

June 16, 2001


I am directed to inform your honorable body that the Senate hasconcurred in the following House Concurrent Resolutions:

House Concurrent Resolution No. 233Returned without amendments.




DISAGREEMENT TOSENATE CONCURRENT RESOLUTION

June 16, 2001


I am directed to inform your honorable body that the Senate hasrefused to concur in the proposed House Amendments to SenateConcurent Resolution No. 110 by Sen. Johnson, and ask the Speakerto appoint a committee to confer with a like committee from the Senateon the disagreement.




DISAGREEMENT TO SENATE BILL

June 16, 2001


I am directed to inform your honorable body that the Senate hasrefused to concur in the proposed House Amendments to Senate BillNo. 289 by Sen. Ullo, and ask the Speaker to appoint a committee toconfer with a like committee from the Senate on the disagreement.




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June 16, 2001


I am directed to inform your honorable body that the Senate hasrefused to concur in the proposed House Amendments to Senate BillNo. 442 by Sen. Dardenne, and ask the Speaker to appoint a committeeto confer with a like committee from the Senate on the disagreement.





June 16, 2001


I am directed to inform your honorable body that the Senate hasrefused to concur in the proposed House Amendments to Senate BillNo. 929 by Sen. Boissiere, and ask the Speaker to appoint a committeeto confer with a like committee from the Senate on the disagreement.




APPOINTMENT OFCONFERENCE COMMITTEE

June 16, 2001


I am directed to inform your honorable body that the President ofthe Senate has appointed the following committee to serve with a likecommittee from the House to confer on the disagreement to House BillNo. 309: Senators Hollis, Michot, and Malone.





June 16, 2001


I am directed to inform your honorable body that the President ofthe Senate has appointed the following committee to serve with a likecommittee from the House to confer on the disagreement to House BillNo. 456: Senators Bajoie, Johnson, and Fontenot.





June 15, 2001


I am directed to inform your honorable body that the President ofthe Senate has appointed the following committee to serve with a likecommittee from the House to confer on the disagreement to House BillNo. 510: Senators Boissiere, Gautreaux, and Hoyt.





June 15, 2001


I am directed to inform your honorable body that the President ofthe Senate has appointed the following committee to serve with a likecommittee from the House to confer on the disagreement to House BillNo. 632: Senators Ellington, Dardenne, and Barham.





June 15, 2001


I am directed to inform your honorable body that the President ofthe Senate has appointed the following committee to serve with a likecommittee from the House to confer on the disagreement to House BillNo. 665: Senators Lentini, Chaisson, and B. Jones.




2793



June 15, 2001


I am directed to inform your honorable body that the President ofthe Senate has appointed the following committee to serve with a likecommittee from the House to confer on the disagreement to House BillNo. 1103: Senators Barham, B. Jones, and Irons.





June 16, 2001


I am directed to inform your honorable body that the President ofthe Senate has appointed the following committee to serve with a likecommittee from the House to confer on the disagreement to House BillNo. 1187: Senators Heitmeier, C. Fields, and Schedler.





June 15, 2001


I am directed to inform your honorable body that the President ofthe Senate has appointed the following committee to serve with a likecommittee from the House to confer on the disagreement to House BillNo. 1211: Senators Bajoie, Irons, and Fontenot.





June 16, 2001


I am directed to inform your honorable body that the President ofthe Senate has appointed the following committee to serve with a likecommittee from the House to confer on the disagreement to House BillNo. 1330: Senators Tarver, Lentini, and Thomas.





June 16, 2001


I am directed to inform your honorable body that the President ofthe Senate has appointed the following committee to serve with a likecommittee from the House to confer on the disagreement to House BillNo. 1391: Senators Ellington, Heitmeier, and Barham.





June 15, 2001


I am directed to inform your honorable body that the President ofthe Senate has appointed the following committee to serve with a likecommittee from the House to confer on the disagreement to House BillNo. 1408: Senators Boissiere, Gautreaux, and Hoyt.





June 16, 2001


I am directed to inform your honorable body that the President ofthe Senate has appointed the following committee to serve with a likecommittee from the House to confer on the disagreement to House BillNo. 1584: Senators Bajoie, Schedler, and Hainkel.




2794



June 15, 2001


I am directed to inform your honorable body that the President ofthe Senate has appointed the following committee to serve with a likecommittee from the House to confer on the disagreement to House BillNo. 1897: Senators Cain, Fontenot, and Malone.





June 15, 2001


I am directed to inform your honorable body that the President ofthe Senate has appointed the following committee to serve with a likecommittee from the House to confer on the disagreement to House BillNo. 1905: Senators Cravins, Dardenne, and B. Jones.





June 16, 2001


I am directed to inform your honorable body that the President ofthe Senate has appointed the following committee to serve with a likecommittee from the House to confer on the disagreement to House BillNo. 1917: Senators Ellington, Marionneaux, and Dardenne.





June 16, 2001


I am directed to inform your honorable body that the President ofthe Senate has appointed the following committee to serve with a likecommittee from the House to confer on the disagreement to House BillNo. 1960: Senators Heitmeier, Schedler, and McPherson.





June 16, 2001


I am directed to inform your honorable body that the President ofthe Senate has appointed the following committee to serve with a likecommittee from the House to confer on the disagreement to House BillNo. 2025: Senators Bajoie, Boissiere, and Johnson.





June 16, 2001


I am directed to inform your honorable body that the President ofthe Senate has appointed the following committee to serve with a likecommittee from the House to confer on the disagreement to SenateConcurrent Resolution No. 110: Senators Johnson, Lentini, andCravins.





June 16, 2001


I am directed to inform your honorable body that the President ofthe Senate has appointed the following committee to serve with a likecommittee from the House to confer on the disagreement to Senate BillNo. 289: Senators Ullo, Barham, and Hollis.




2795



June 16, 2001


I am directed to inform your honorable body that the President ofthe Senate has appointed the following committee to serve with a likecommittee from the House to confer on the disagreement to Senate BillNo. 442: Senators Dardenne, Lentini, and Barham.





June 15, 2001


I am directed to inform your honorable body that the President ofthe Senate has appointed the following committee to serve with a likecommittee from the House to confer on the disagreement to Senate BillNo. 898: Senators Ellington, C. Fields, and Dardenne.




APPOINTMENT OFCONFERENCE COMMITTEE Respectfully submitted,

June 16, 2001


I am directed to inform your honorable body that the President ofthe Senate has appointed the following committee to serve with a likecommittee from the House to confer on the disagreement to Senate BillNo. 929: Senators Boissiere, Cravins, and B. Jones.




ADOPTION OF Respectfully submitted,CONFERENCE COMMITTEE REPORT

June 16, 2001


I am directed to inform your honorable body that the Senate hasadopted the report of the Conference Committee on the disagreementto House Concurrent Resolution No. 180.




ADOPTION OFCONFERENCE COMMITTEE REPORT

June 16, 2001


I am directed to inform your honorable body that the Senate hasadopted the report of the Conference Committee on the disagreementto House Bill No. 461.





June 16, 2001






June 16, 2001





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June 16, 2001



Respectfully submitted, June 16, 2001

MICHAEL S. BAER, III To the Honorable Speaker and Members of the House ofSecretary of the Senate Representatives:



June 16, 2001







June 16, 2001







June 16, 2001





















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June 16, 2001







June 16, 2001







June 16, 2001







June 16, 2001


I am directed to inform your honorable body that the Senate hasadopted the report of the Conference Committee on the disagreementto Senate Bill No. 20.














RECOMMITTEDCONFERENCE COMMITTEE REPORT

I am directed to inform your honorable body that the Senate hasrecommitted the report of the Conference Committee on thedisagreement to House Bill No. 632.




2798



June 16, 2001







June 16, 2001






ASKING CONCURRENCE INSENATE CONCURRENT RESOLUTIONS

June 16, 2001


I am directed to inform your honorable body that the Senate hasadopted and asks your concurrence in the following Senate ConcurrentResolutions:

Senate Concurrent Resolution No. 165




On motion of Rep. Winston, the rules were suspended in order totake up and consider Senate Concurrent Resolutions at this time.

Senate Concurrent Resolutions

The following Senate Concurrent Resolutions contained in themessage were taken up and acted upon as follows:

SENATE CONCURRENT RESOLUTION NO. 165—BY SENATOR CRAVINS

A CONCURRENT RESOLUTIONTo urge and request the attorney general to create within the

Department of Justice, office of the attorney general, a JuvenileRehabilitation Study Commission to conduct an assessment ofLouisiana's juvenile justice system, in particular the feasibility ofreducing Louisiana's over-reliance on secure care by assessingyouth in secure care and the availability and effectiveness of thecurrent non-secure programs.

Read by title.

On motion of Rep. Winston, and under a suspension of the rules,the resolution was concurred in.

Introduction of Resolutions,House and House Concurrent

The following members introduced the following entitled Houseand House Concurrent Resolutions, which were read the first time bytheir titles and placed upon the calendar for their second reading:

HOUSE RESOLUTION NO. 137—BY REPRESENTATIVE DEVILLIER

A RESOLUTIONTo urge and request the United States Environmental Protection

Agency to assist in the investigation of vinyl chloridecontamination of the water system at Myrtle Grove Trailer Park inPlaquemine, Louisiana.

Read by title.

On motion of Rep. Devillier, and under a suspension of the rules,the resolution was adopted.

HOUSE RESOLUTION NO. 138—BY REPRESENTATIVE MORRELL

A RESOLUTIONTo urge and request the House Committee on Labor and Industrial

Relations to study workers' compensation insurance rates.

Read by title.

On motion of Rep. Morrell, and under a suspension of the rules,the resolution was adopted.

Reconsideration

The following legislative instruments on reconsideration weretaken up and acted upon as follows:

SENATE BILL NO. 619—BY SENATOR HAINKEL

AN ACTTo enact R.S. 33:2841.1 relative to enforcement of taxes; to provide

that local governing authorities may privatize collection ofdelinquent ad valorem taxes; to provide for civil penalties; toprovide relative to notice of taxes due; to provide for the recoverycosts, expenses and attorney fees; and to provide for relatedmatters.

Read by title.

On motion of Rep. Landrieu, the vote by which the above SenateBill failed to pass on the previous legislative day was reconsidered.

Returned to the calendar under the rules.


2799

House Bills and Joint ResolutionsReturned from the Senate with Amendments

The following House Bills and Joint Resolutions returned from theSenate with amendments to be concurred in by the House were takenup and acted upon as follows:

HOUSE BILL NO. 417—BY REPRESENTATIVE DURAND

AN ACTTo amend and reenact R.S. 33:172(E), relative to annexation; to

prohibit certain annexations of territory in St. Martin Parish by thetown of Broussard without the approval of the governing authorityof the parish; and to provide for related matters.

Read by title.

The above bill was taken up with the amendments proposed by theSenate.

SENATE COMMITTEE AMENDMENTS

Amendments proposed by Senate Committee on Local and MunicipalAffairs to Engrossed House Bill No. 417 by Representative Durand

AMENDMENT NO. 1

On page 1, line 18, delete "on July 9, 1999"

AMENDMENT NO. 2

On page 2, line 4, change "July 9, 1999" to "August 15, 2001"

SENATE FLOOR AMENDMENTS

Amendments proposed by Senator Cravins to Engrossed House Bill No.417 by Representative Durand

AMENDMENT NO. 1

On page 2, between lines 6 and 7 insert the following:

"(3) Notwithstanding any other provision to the contrary, if as aresult of an annexation into a municipality, the sale tax rate ontransactions within the annexed area exceeds nine and one-half percent,then the revenue produced by the rate in excess of nine and one-halfpercent shall be shared equally between the parish, municipalities, andother sales tax districts."

Rep. Durand moved that the amendments proposed by the Senatebe concurred in.

ROLL CALL

The roll was called with the following result:

YEAS

Mr. Speaker Green PinacAlario Guillory PitreAlexander, R Hammett PowellAnsardi Hebert PrattBaldone Hill QuezaireBaylor Hopkins RichmondBroome Hudson RiddleBruneau Hunter RomeroCarter, K Iles SalterCarter, R Jackson, L ScaliseCazayoux Johns Schneider

Clarkson Katz SchwegmannCrane Kennard ShawCurtis Kenney Smith, G.—56thDamico LaFleur Smith, J.D.—50thDaniel Landrieu Smith, J.H.—8thDartez LeBlanc Smith, J.R.—30thDevillier Lucas SneedDiez Martiny StellyDoerge McCallum StrainDonelon McDonald SwillingDowner McMains ThompsonDurand McVea ToomyErdey Montgomery TownsendFarrar Morrell TricheFaucheux Morrish TuckerFlavin Murray WaddellFrith Nevers WelchFruge Odinet WinstonFutrell Perkins WootonGallot Pierre Wright Total—93

NAYS

Alexander, E Total—1

ABSENT

Baudoin Glover Jackson, MBowler Heaton LancasterBruce Holden WalsworthCrowe Hutter Total—11

The amendments proposed by the Senate were concurred in by theHouse.

HOUSE BILL NO. 426—BY REPRESENTATIVE FUTRELL

AN ACTTo enact R.S. 14:91.1, relative to offenses affecting the health and

morals of minors; to create the crime of unlawful presence of asexually violent predator; to prohibit the unlawful presence of asexually violent predator on or near certain areas; to provide forexceptions; to provide for notification to school officials; to providefor definitions; to provide for penalties; and to provide for relatedmatters.

Read by title.



Amendments proposed by Senate Committee on Judiciary C toEngrossed House Bill No. 426 by Representative Futrell

AMENDMENT NO. 1

On page 2, delete lines 4 through 6

AMENDMENT NO. 2

On page 2, at the beginning of line 7, change "(2) The" to "if the"

LEGISLATIVE BUREAU AMENDMENTS

Amendments proposed by Legislative Bureau to Engrossed House BillNo. 426 by Representative Futrell


2800

AMENDMENT NO. 1 Gallot Pinac

On page 2, line 12, following "to" and before "of Subsection B" delete Total—94"Paragraph 2 of" NAYS


Amendments proposed by Senator Lentini to Engrossed House Bill No.426 by Representative Futrell Mr. Speaker Devillier Iles

AMENDMENT NO. 1 Bruneau Heaton Perkins

On page 1, line ll, change "Unlawful presence of" to "It shall be Total—11unlawful for" and delete "is"


Amendments proposed by Senator Fontenot to Engrossed House BillNo. 426 by Representative Futrell

AMENDMENT NO. 1

On page 1, line 12, after "(1)" delete "To be physically present" andinsert "The physical presence of a sexually violent predator"

AMENDMENT NO. 2

On page 2, line 1, after "(2) delete "To physically reside" and insert"The physical residing of a sexually violent predator"

Rep. Futrell moved that the amendments proposed by the Senatebe concurred in.

ROLL CALL


YEAS

Alario Guillory PowellAlexander, E Hammett PrattAlexander, R Hebert QuezaireAnsardi Hill RichmondBaldone Hopkins RiddleBaylor Hudson RomeroBowler Hunter SalterBroome Hutter ScaliseBruce Jackson, L SchneiderCarter, K Johns SchwegmannCarter, R Katz ShawCazayoux Kennard Smith, G.—56thClarkson Kenney Smith, J.D.—50thCrane LaFleur Smith, J.H.—8thCurtis Lancaster Smith, J.R.—30thDamico Landrieu SneedDaniel LeBlanc StellyDartez Lucas StrainDiez Martiny SwillingDoerge McCallum ThompsonDonelon McDonald ToomyDowner McMains TownsendDurand McVea TricheErdey Montgomery TuckerFarrar Morrell WaddellFaucheux Morrish WalsworthFlavin Murray WelchFrith Nevers WinstonFruge Odinet WootonFutrell Pierre Wright

Green Pitre

Total—0

ABSENT

Baudoin Glover Jackson, M

Crowe Holden


HOUSE BILL NO. 437—BY REPRESENTATIVE PINAC

AN ACTTo amend and reenact R.S. 22:1117(A), relative to prohibitions of

insurers, agents, and brokers; to provide for distribution of profits;and to provide for related matters.

Read by title.



Amendments proposed by Senator Boissiere to Engrossed House BillNo. 437 by Representative Pinac

AMENDMENT NO. 1

On page 1, line 2, after "R.S. 22:1117(A)" insert "and 1243(A), to enactR.S. 22:1247(A)(3), and to repeal R.S. 22:1148(G) as enacted by Act158 of the 2001 Regular Session"

AMENDMENT NO. 2

On page 1, line 3, after "profits;" insert "to provide for insurance fraud;to provide for civil immunity; to remove provisions requiringcountersignatures under certain circumstances;

AMENDMENT NO. 3

On page 1, line 6, delete "R.S. 22:1117(A) is" and insert "R.S.22:1117(A) and 1243(A) are"

AMENDMENT NO. 4

On page 2, after line 3, insert the following:

"§1243. Prohibited activities and sanctions

A. Any person who, with the intent to injure, defraud, or deceiveany insurance company, or the Department of Insurance, or any insuredor other party in interest, or any third party claimant:

(1) Commits any fraudulent insurance act as defined in R.S.22:1242; or

(1) (2) Presents or causes to be presented any written or oralstatement including computer-generated documents as part of or insupport of or denial of a claim for payment or other benefit pursuant toan insurance policy, knowing that such statement contains any false,


2801

incomplete, or fraudulent information concerning any fact or thing AMENDMENT NO. 4material to such claim; or

(2) (3) Assists, abets, solicits, or conspires with another to prepareor make any written or oral statement that is intended to be presented to AMENDMENT NO. 5any insurance company, insured, or other party in interest or third partyclaimant in connection with, or in support of or denial, or any claim for On page 2, line 1, after "reinsurance;" delete the remainder of the line,payment of other benefit pursuant to an insurance policy, knowing that delete line 2 and insert the following:such statement contains any false, incomplete, or fraudulent informationconcerning any fact or thing material to such claim; is guilty of a felony "(2) The prohibition of this Subsection shall not apply to theand shall be subjected to a term of imprisonment, with or without hard distribution of profits to the owners of an insurance agency. Thelabor, not to exceed five years, or a fine not to exceed five thousand provisions of this Paragraph shall not apply to the Louisiana Workers'dollars, or both, on each count. Compensation Corporation."

* * * AMENDMENT NO. 6

Section 2. R.S. 22:1247(A)(3) is hereby enacted to read as follows: On page 2, below line 3, insert the following:

§1247. Civil immunity "§1263. Records of surplus line broker; bond requirements

A. No insurer, employees, or agents of any insurer, or any other A. Each licensed surplus line broker shall keep in his office in thisperson acting without malice, fraudulent intent, or bad faith, shall be state a full and true record of each surplus line contract, procured by himsubject to civil liability for libel, slander, or any other relevant tort, and including a copy of the daily report, if any, showing such of theno civil cause of action of any nature shall exist against such person or following items as may be applicable: entity by virtue of the filing of reports or furnishing other information,either orally or in writing, concerning suspected, anticipated, or (1) Amount of the insurance; completed fraudulent insurance acts when such reports or informationare required by this Part or required by the section of insurance fraud as (2) Gross premiums charged; a result of the authority herein granted or when such reports orinformation are provided to or received from: (3) Return premium paid, if any;

* * * (4) Rate of premium charged upon the several items of

(3) A person involved in the prevention and detection of fraudulentinsurance acts or that person's employees, agents, or representatives. (5) Effective date of the contract, and the terms thereof;

* * * (6) Name and address of the insurer;

Section 3. R.S. 22:1148(G) as enacted by Act 158 of the 2001 (7) Name and address of the insured; Regular Session is hereby repealed."


Amendments proposed by Senator Boissiere to Engrossed House Bill (9) Other information as may be required by the commissioner ofNo. 437 by Representative Pinac insurance, including but not limited to the address of the workers'

AMENDMENT NO. 1 23:1161.1 and the name and address of the person authorized by the

On page 1, line 2, after "R.S. 22:1117(A)" insert "and 1263" the licensed claims adjuster retained by the insurer.

AMENDMENT NO. 2 The record shall at all times be open to examination by the

On page 1, line 3, after "profits;" insert the following: by him of a surplus line broker, such examination shall be in compliance

"to provide for records of surplus line brokers; to provide for bond as the provisions of that Part are applicable to such examination. requirements;"

AMENDMENT NO. 3 state of Louisiana in the sum of forty thousand dollars with authorized

On page 1, line 6, delete "R.S. 22:1117(A) is" and insert in lieu thereof: conduct business in full compliance with this Title and that there will be

"R.S. 22:1117(A) and 1263 are" by the broker. No such bond shall be terminated without thirty days'

On page 1, line 9, change "A." to "A.(1)"

property;

(8) Brief general description of property insured and wherelocated;

compensation claims office established by the insurer pursuant to R.S.

insurer to settle workers' compensation claims through such office or of

commissioner of insurance and whenever an examination shall be made

with and pursuant to the provisions of Part XXVIII of this Title, insofar

B. Each surplus line broker shall maintain a bond in favor of the

sureties, approved by the commissioner, conditioned that the broker will

full accounting by the broker for monies, premiums, and taxes collected

written notice to the commissioner."

Rep. Pinac moved that the amendments proposed by the Senate berejected.


2802

ROLL CALL SENATE FLOOR AMENDMENTS

The roll was called with the following result: Amendments proposed by Senator Hoyt to Engrossed House Bill No.

YEAS

Mr. Speaker Futrell PierreAlario Gallot Pinac On page 1, line 3, after "sellers" delete "or lenders"Alexander, E Green PitreAlexander, R Hammett Powell AMENDMENT NO. 2Ansardi Hebert PrattBaldone Hill Quezaire On page 1, line 10, after "seller" delete "or lender"Baylor Hopkins RichmondBowler Hudson Riddle Rep. Hudson moved that the amendments proposed by the SenateBroome Hunter Romero be concurred in.Bruce Hutter SalterBruneau Iles ScaliseCarter, K Jackson, L SchneiderCarter, R Johns Schwegmann The roll was called with the following result:Cazayoux Katz ShawClarkson Kennard Smith, G.—56th YEASCrane Kenney Smith, J.D.—50thCrowe LaFleur Smith, J.H.—8th Mr. Speaker Gallot PowellCurtis Lancaster Smith, J.R.—30th Alario Green PrattDamico Landrieu Sneed Alexander, E Guillory QuezaireDaniel LeBlanc Strain Alexander, R Hammett RichmondDartez Lucas Swilling Ansardi Hebert RiddleDevillier Martiny Thompson Baldone Hill RomeroDiez McCallum Toomy Baylor Hopkins SalterDoerge McDonald Triche Bowler Hudson ScaliseDonelon McMains Tucker Broome Hunter SchneiderDowner McVea Waddell Bruce Hutter SchwegmannErdey Montgomery Walsworth Bruneau Iles ShawFarrar Morrell Welch Carter, K Jackson, L Smith, G.—56thFaucheux Morrish Winston Carter, R Johns Smith, J.D.—50thFlavin Murray Wooton Cazayoux Katz Smith, J.H.—8thFrith Nevers Wright Clarkson Kennard Smith, J.R.—30thFruge Odinet Crane Kenney Sneed Total—95 Damico Lancaster Stelly

NAYS Daniel Landrieu Strain Dartez Martiny Swilling Total—0 Devillier McCallum Thompson

ABSENT Diez McDonald Toomy

Baudoin Heaton Stelly Donelon McVea TricheDurand Holden Townsend Downer Montgomery TuckerGlover Jackson, M Durand Morrish WaddellGuillory Perkins Erdey Murray Walsworth Total—10 Farrar Nevers Welch

The amendments proposed by the Senate were rejected. Flavin Pierre Wooton

Conference committee appointment pending. Futrell Pitre

HOUSE BILL NO. 653—BY REPRESENTATIVE HUDSON

AN ACTTo amend and reenact R.S. 6:969.26(D), relative to the Louisiana

Motor Vehicle Sales Finance Act; to require sellers or lenders tooffer gap insurance coverage; and to provide for related matters.

Read by title.


653 by Representative Hudson

AMENDMENT NO. 1

ROLL CALL

Doerge McMains Townsend

Faucheux Odinet Winston

Frith Pinac Wright

Total—92NAYS

Total—0

ABSENT

Baudoin Heaton LucasCrowe Holden MorrellCurtis Jackson, M PerkinsFruge LaFleurGlover LeBlanc Total—13



2803


AN ACTTo amend and reenact R.S. 30:2281, relative to liens and privileges of

the Department of Environmental Quality for cost of remediation;to provide for the filing of a notice of lien; to provide priorities forsecurity interests on remediated property; to provide for the extentof the department's interest; and to provide for related matters.

Read by title.



Amendments proposed by Senate Committee on Environmental Qualityto Reengrossed House Bill No. 659 by Representative Pinac

AMENDMENT NO. 1 To amend and reenact R.S. 33:9033.3(A), relative to sales tax

On page 2, line 12, after "lien" insert the following: "but only to theextent of the fair market value that the property had prior to remedialaction by the state, and prior recorded security interests shall besubordinate to the state lien for any amount in excess of such pre-remediation fair market value."

Rep. Pinac moved that the amendments proposed by the Senate beconcurred in.

ROLL CALL


YEAS

Mr. Speaker Green PierreAlario Guillory PinacAlexander, E Hammett PitreAlexander, R Heaton PowellAnsardi Hebert PrattBaldone Hill QuezaireBaylor Hopkins RichmondBowler Hudson RiddleBroome Hunter RomeroBruce Hutter SalterBruneau Iles ScaliseCarter, K Jackson, L SchwegmannCarter, R Johns ShawCazayoux Katz Smith, G.—56thClarkson Kennard Smith, J.D.—50thCrane Kenney Smith, J.H.—8thCurtis LaFleur Smith, J.R.—30thDamico Lancaster SneedDaniel Landrieu StellyDevillier LeBlanc StrainDiez Lucas SwillingDoerge Martiny ThompsonDonelon McCallum ToomyDowner McDonald TownsendDurand McMains TricheErdey McVea TuckerFarrar Montgomery WaddellFaucheux Morrell WalsworthFlavin Morrish WelchFrith Murray WinstonFruge Nevers Wooton

Futrell Odinet WrightGallot Perkins Total—98

NAYS

Schneider Total—1

ABSENT

Baudoin Dartez HoldenCrowe Glover Jackson, M Total—6


HOUSE BILL NO. 756—BY REPRESENTATIVES MURRAY AND TUCKER

AN ACT

incremental financing in certain municipalities; to provide thatcertain municipalities may implement sales tax incrementfinancing for certain economic development projects; to providefor an effective date; and to provide for related matters.

Read by title.



Amendments proposed by Senator Bajoie to Engrossed House Bill No.756 by Representative Murray

AMENDMENT NO. 1

On page 1, line 2, after "R.S." insert "33:2740.3(D)(introductoryparagraph), (1), and (2)," and delete "33:9033.3(A),"

AMENDMENT NO. 2

On page 1, line 2, delete "sales tax incremental"

AMENDMENT NO. 3

On page 1, delete lines 3 and 4

AMENDMENT NO. 4

On page 1, line 5, after "economic development" delete the remainderof the line and insert in lieu thereof "; to provide for the board ofcommissioners of the Downtown Development District of the City ofNew Orleans; and"

AMENDMENT NO. 5

On page 1, line 11, after "R.S." insert "33:2740.3(D)(introductoryparagraph), (1), and (2)" and delete "33:9033.3(A)"

AMENDMENT NO. 6

On page 1, line 11, change "is" to "are"

AMENDMENT NO. 7

On page 1, between lines 12 and 13, insert the following:


2804

"§2740.3. The Downtown Development District of the City of New AMENDMENT NO. 9Orleans; creation, composition, and powers; preparation of plans;levy of ad valorem taxes and issuance of bonds On page 2 delete lines 1 through 25 in their entirety

* * * AMENDMENT NO. 10

D.(1) The board shall be composed of nine eleven members, at On page 23, delete lines 1 and 2 in their entiretyleast seven nine of whom shall be qualified voters of the city of NewOrleans, and shall have their principal place of business in, or own Rep. Murray moved that the amendments proposed by the Senateproperty in, the Downtown Development District. Such members shall be concurred in.possess additional qualifications and shall be appointed as follows:

(1) All (a) Nine of the members shall be appointed by the mayorwith the approval of the city council, provided, however, that the mayor The roll was called with the following result:will select five of such members from a list of eight nominees named bythe central area council of the chamber of commerce of the New YEASOrleans area, New Orleans Area Council of the New Orleans RegionalChamber of Commerce, or its successor. Mr. Speaker Gallot Pinac

Alario Glover Pitre(2) (b)The members of the board initially appointed by the mayor Alexander, E Green Powell

shall be appointed as follows: two members for one year each, two Alexander, R Guillory Prattmembers for two years each, two members for three years each, two Ansardi Hammett Quezairemembers for four years each, and one member for five years, the length Baldone Hill Richmondof the term for each individual appointed to be determined by lot. They Baylor Hopkins Riddleshall serve until their successors have been appointed and qualified. Bowler Hudson Romero

(c) The members of the board thereafter appointed by the mayor Bruce Iles Scaliseupon the expiration of the respective terms of the initial appointees shall Bruneau Jackson, L Schneiderbe selected and appointed in accordance with the procedures herein Carter, K Johns Schwegmannprescribed for the selection and appointment of the original members for Carter, R Katz Shawthe term of five years. However, vacancies shall be filled from Cazayoux Kennard Smith, G.—56thnominations submitted by the central area council of the chamber of Clarkson Kenney Smith, J.D.—50thcommerce of the New Orleans area New Orleans Area Council of the Crane LaFleur Smith, J.R.—30thNew Orleans Regional Chamber of Commerce in the following manner. Curtis Lancaster SneedThe mayor shall select and appoint one of two names submitted to him Damico Landrieu Stellyby the central area such council for each of the five vacancies for which Daniel LeBlanc Strainthe council is to submit nominees. If the selection and appointment by Devillier Lucas Swillingthe mayor does not take place within thirty days following submission Diez Martiny Thompsonof the nominees by the central area council, New Orleans Area Council Donelon McCallum Toomyof the New Orleans Regional Chamber of Commerce, the selection and Downer McDonald Townsendappointment shall be made by the city council. Any vacancy which Durand McMains Tricheoccurs prior to the expiration of the term for which a member of the Erdey McVea Tuckerboard has been appointed shall be filled in accordance with the Farrar Montgomery Waddellprocedures as set forth herein. However, the New Orleans Area Council Faucheux Morrell Walsworthof the New Orleans Regional Chamber of Commerce may submit Flavin Morrish Welchadditional nominees to either the mayor or the city council, as Frith Murray Winstonapplicable, until all vacancies pursuant to this Subsection are filled. Fruge Nevers Wright

Futrell Odinet(2)(a) Two members shall be jointly appointed by the state Total—92

senators and state representatives who represent the district in such NAYSmanner that both members are residents of the district and at least one member has his principal place of business in the district. Total—0

(b) Vacancies from among the members appointed by the statesenators and state representatives who represent the district shall be Baudoin Hebert Pierrefilled by the state senators and state representatives who represent the Crowe Holden Smith, J.H.—8thdistrict. Dartez Hutter Wooton

(c) The members of the board of commissioners of the Downtown Heaton PerkinsDevelopment District of the City of New Orleans appointed pursuant to Total—13this Paragraph shall serve a five-year term and until their successorshave been appointed and qualified. Thereafter they shall serve terms that The amendments proposed by the Senate were concurred in by theare concurrent with those of the legislators who made the appointment. House.

* * *"

AMENDMENT NO. 8

On page 1 delete lines 13 through 17 in their entirety

ROLL CALL

Broome Hunter Salter

ABSENT

Doerge Jackson, M


2805

HOUSE BILL NO. 801—BY REPRESENTATIVE DONELON

AN ACTTo 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 insurance policies;to provide for notices; to provide for nonrenewal; to provide forcancellation; and to provide for related matters.

Read by title.



Amendments proposed by Senate Committee on Insurance toReengrossed House Bill No. 801 by Representative Donelon

AMENDMENT NO. 1

On page 1, line 2, after "636.4(A)" delete the remainder of the line ininsert in lieu thereof ", (C)(2)(a), and (D)(1) and "

AMENDMENT NO. 2

On page 1, line 7, after "636.4(A)" delete the remainder of the line ininsert in lieu thereof ", (C)(2)(a), and (D)(1) are hereby"

AMENDMENT NO. 3

On page 3, at the end of line 18 insert the following:

"D.(1) An insurer may decide not to renew a policy if it deliversor mails to the first-named insured at the address shown on the policywritten notice it will not renew the policy. Such notice of nonrenewalshall be mailed or delivered at least sixty days before the expiration date.Such notice to the insured shall include the insured's loss runinformation for the period the policy has been in force within, but notto exceed, the last three years of coverage. If the notice is mailed lessthan sixty days before expiration, coverage shall remain in effect underthe same terms and conditions until sixty days after notice is mailed or AN ACTdelivered. Earned premium for any period of coverage that extends To amend and reenact R.S. 33:1999(A), relative to firefighters; tobeyond the expiration date shall be considered pro rata based upon the provide benefits for those firefighters not scheduled to work on aprevious year's rate. For purposes of this Section, the transfer of a holiday; and to provide for related matters.policyholder between companies within the same insurance group shallnot be a refusal to renew. In addition, changes in the deductible, Read by title.changes in rate, changes in the amount of insurance, or reductions inpolicy limits or coverage shall not be refusals to renew. The above bill was taken up with the amendments proposed by the

* * *"

Rep. Donelon moved that the amendments proposed by the Senatebe concurred in. Amendments proposed by Senator Fontenot to Reengrossed House Bill

ROLL CALL


YEAS

Mr. Speaker Gallot OdinetAlario Glover Pinac On page 2, delete lines 7 through 11Alexander, E Green PitreAlexander, R Guillory Powell Rep. Jack Smith moved that the amendments proposed by theAnsardi Hammett Pratt Senate be rejected.Baldone Heaton QuezaireBaylor Hebert RichmondBowler Hill RiddleBroome Hopkins Romero

Bruce Hudson SalterBruneau Hunter ScaliseCarter, K Hutter SchneiderCarter, R Iles SchwegmannCazayoux Jackson, L ShawClarkson Johns Smith, G.—56thCrane Katz Smith, J.D.—50thCurtis Kennard Smith, J.H.—8thDamico Kenney Smith, J.R.—30thDaniel LaFleur SneedDartez Lancaster StellyDevillier Landrieu StrainDiez LeBlanc SwillingDoerge Lucas ThompsonDonelon Martiny ToomyDowner McCallum TownsendDurand McDonald TuckerErdey McMains WaddellFarrar McVea WalsworthFaucheux Montgomery WelchFlavin Morrell WinstonFrith Morrish WootonFruge Murray WrightFutrell Nevers Total—98

NAYS Total—0

ABSENT

Baudoin Jackson, M TricheCrowe PerkinsHolden Pierre Total—7


HOUSE BILL NO. 847—BY REPRESENTATIVE JACK SMITH

Senate.


No. 847 by Representative Jack Smith

AMENDMENT NO. 1

On page 2, line 3, after "holiday" change "shall" to "may"

AMENDMENT NO. 2


2806

ROLL CALL HOUSE BILL NO. 1194—


YEAS

Mr. Speaker Gallot NeversAlario Glover OdinetAlexander, E Green PierreAlexander, R Guillory PinacAnsardi Hammett PitreBaldone Heaton PowellBaylor Hebert PrattBroome Hill QuezaireBruce Hopkins RichmondBruneau Hudson RiddleCarter, K Hunter RomeroCarter, R Hutter SalterCazayoux Iles ScaliseClarkson Jackson, L SchneiderCrane Johns SchwegmannCurtis Katz ShawDamico Kennard Smith, G.—56thDaniel Kenney Smith, J.D.—50thDartez LaFleur Smith, J.R.—30thDevillier Lancaster SneedDiez Landrieu StellyDoerge LeBlanc StrainDonelon Lucas SwillingDowner Martiny ThompsonDurand McCallum ToomyErdey McDonald TownsendFarrar McMains TricheFaucheux McVea TuckerFlavin Montgomery WalsworthFrith Morrell WinstonFruge Morrish WootonFutrell Murray Wright Total—96

NAYS

Bowler Smith, J.H.—8th Waddell Total—3

ABSENT

Baudoin Holden PerkinsCrowe Jackson, M Welch Total—6

The amendments proposed by the Senate were rejected.

Conference committee appointment pending.

HOUSE BILL NO. 1042—BY REPRESENTATIVE WOOTON

AN ACT Doerge Martiny ThompsonTo amend and reenact R.S. 27:65(B)(11) and to enact R.S. 27:239.1, Donelon McCallum Toomy

relative to the Louisiana Gaming Control Law; to provide that Downer McDonald Townsendelectronic cards can be used for making wagers on riverboats and Erdey McMains Tricheat the official gaming establishment; to provide with respect to the Farrar McVea Tuckertype of electronic cards which may be used; and to provide for Faucheux Montgomery Waddellrelated matters. Flavin Morrell Walsworth

Read by title. Fruge Murray Winston

Motion

On motion of Rep. Wooton, the bill was returned to the calendar.

BY REPRESENTATIVE LAFLEURAN ACT

To enact R.S. 22:622.2, relative to motor vehicle liability policies; toprovide for coverage; to provide for exclusions and limitations; andto provide for related matters.

Read by title.



Amendments proposed by Senator Hainkel to Engrossed House Bill No.1194 by Representative LaFleur

AMENDMENT NO. 1

On page 1, line 9, after "shall" delete "exclude or"

AMENDMENT NO. 2

On page 1, line 11, between "insured" and "." insert "in any amount lessthan the face value of the policy"

Rep. LaFleur moved that the amendments proposed by the Senatebe concurred in.

ROLL CALL


YEAS

Mr. Speaker Green PinacAlario Guillory PitreAlexander, E Hammett PowellAlexander, R Heaton PrattAnsardi Hebert QuezaireBaldone Hill RichmondBaylor Hopkins RiddleBowler Hudson RomeroBroome Hunter SalterBruce Hutter ScaliseBruneau Iles SchneiderCarter, K Jackson, L SchwegmannCarter, R Johns ShawClarkson Kennard Smith, G.—56thCrane Kenney Smith, J.H.—8thCurtis LaFleur Smith, J.R.—30thDamico Lancaster SneedDaniel Landrieu StellyDartez LeBlanc StrainDevillier Lucas Swilling

Frith Morrish Welch

Futrell Nevers WootonGallot Odinet WrightGlover Pierre Total—95


2807

NAYS Erdey McCallum Toomy Farrar McDonald Townsend Total—0 Faucheux McMains Triche

ABSENT Flavin McVea Tucker

Baudoin Durand Perkins Fruge Morrell WalsworthCazayoux Holden Smith, J.D.—50th Futrell Morrish WelchCrowe Jackson, M Gallot Murray WinstonDiez Katz Glover Nevers Wright Total—10 Green Odinet

The amendments proposed by the Senate were concurred in by the NAYSHouse.

HOUSE BILL NO. 1322—BY REPRESENTATIVE DANIEL

AN ACTTo amend and reenact R.S. 49:327(C)(3), relative to the investment of Mr. Speaker Baylor Perkins

state funds; to authorize the investment in stocks or certain fundsof institutions of higher education or their management boards; toprovide for an effective date; and to provide for related matters.

Read by title.



Amendments proposed by Senator Campbell to Engrossed House BillNo. 1322 by Representative Daniel

AMENDMENT NO. 1

On page 2, line 5, after "not to exceed" change "sixty-five" to "thirty-five"

Rep. Daniel moved that the amendments proposed by the Senatebe concurred in.

ROLL CALL


YEAS

Alario Guillory PierreAlexander, E Hammett PinacAlexander, R Heaton PitreAnsardi Hebert PowellBaldone Hill PrattBroome Holden QuezaireBruce Hopkins RichmondBruneau Hudson RiddleCarter, K Hunter RomeroCarter, R Hutter SalterCazayoux Iles ScaliseClarkson Jackson, L SchneiderCrane Jackson, M SchwegmannCurtis Johns ShawDamico Katz Smith, G.—56thDaniel Kennard Smith, J.D.—50thDartez Kenney Smith, J.H.—8thDevillier LaFleur Smith, J.R.—30thDiez Lancaster SneedDoerge Landrieu StellyDonelon LeBlanc StrainDowner Lucas SwillingDurand Martiny Thompson

Frith Montgomery Waddell

Total—98

Bowler Total—1

ABSENT

Baudoin Crowe Wooton Total—6


HOUSE BILL NO. 1340—BY REPRESENTATIVES SCHNEIDER, DANIEL, DOERGE, MCDONALD,TOOMY, AND WALSWORTH AND SENATOR BOISSIERE

AN ACTTo enact R.S. 11:710 and to repeal R.S. 11:707, 707.1, 708, 737, and

791, relative to the Teachers' Retirement System; to provide withrespect to employment of retirees and the benefits payable to suchretirees; to provide regarding contributions and employer reportingrequirements related to such reemployment; to repeal certainprovisions of law related to the reemployment of retirees who didand those who did not participate in the Deferred RetirementOption Plan and those retirees who were hired pursuant to acritical shortage of teachers; to provide relative to the suspensionor reduction of benefits of all reemployed retirees; to provide aneffective date; and to provide for related matters.

Read by title.



Amendments proposed by Senate Committee on Retirement toReengrossed House Bill No. 1340 by Representative Schneider, et al.

AMENDMENT NO. 1

On page 4, between lines 8 and 9, insert:

"Section 2. Upon the effective date of this Act, the system shallcease the collection of the penalty in the form of any suspension orreduction of benefits that is based on employment occurring on or afterJanuary 1, 2000, but only as such reduction or suspension is applicableto any retiree of the system who has been reemployed as a chiefcampus-based administrator, provided that any such administrator hasbeen reemployed in that capacity for at least three consecutive yearsimmediately preceding the effective date of this Act."

AMENDMENT NO. 2

On page 4, at the beginning of line 9, delete "Section 2." and insert"Section 3."

AMENDMENT NO. 3


2808

On page 4, at the beginning of line 11, delete "Section 3." and insert The above bill was taken up with the amendments proposed by the"Section 4."

Rep. Schneider moved that the amendments proposed by theSenate be concurred in.

ROLL CALL


YEAS

Mr. Speaker Gallot PerkinsAlario Green PierreAlexander, E Guillory PinacAlexander, R Hammett PitreAnsardi Heaton PowellBaldone Hebert PrattBaylor Hill QuezaireBowler Holden RichmondBroome Hopkins RiddleBruce Hudson RomeroBruneau Hunter SalterCarter, K Hutter ScaliseCarter, R Iles SchneiderClarkson Jackson, L SchwegmannCrane Jackson, M ShawCrowe Johns Smith, G.—56thCurtis Kennard Smith, J.D.—50thDamico Kenney Smith, J.H.—8thDaniel Lancaster Smith, J.R.—30thDartez Landrieu SneedDevillier LeBlanc StellyDiez Lucas StrainDoerge Martiny ThompsonDonelon McCallum ToomyDowner McDonald TownsendDurand McMains TricheErdey McVea TuckerFarrar Montgomery WaddellFaucheux Morrell WalsworthFlavin Morrish WelchFrith Murray WinstonFruge Nevers WrightFutrell Odinet Total—98

NAYS Total—0

ABSENT

Baudoin Katz WootonCazayoux LaFleurGlover Swilling Total—7


HOUSE BILL NO. 1347—BY REPRESENTATIVE SCHNEIDER AND SENATOR BOISSIERE

AN ACTTo repeal R.S. 11:143(H), relative to all public retirement or pension

systems, funds, or plans; to repeal the restriction against becominga member of a system from which credit was previouslytransferred; to provide an effective date; and to provide for relatedmatters.

Read by title.

Senate.


Amendments proposed by Senator Fontenot to Engrossed House BillNo. 1347 by Representative Schneider and Senator Boissiere

AMENDMENT NO. 1

On page 1, at the beginning of line 2, after "To" insert "amend andreenact R.S. 42:851(A)(2)(a)(ii) and to"

AMENDMENT NO. 2

On page 1, line 2, after "relative to" insert "public employees; to providewith respect to"

AMENDMENT NO. 3


"Section 1. R.S. 42:851(A)(2)(a)(ii) is hereby amended andreenacted to read as follows:

§851. Authority for employee benefit programs; payroll deduction forpayment of premiums

A.

* * *

(2)(a) For purposes of this Section, an employee is defined as:

* * *

(ii) A retiree as defined by the rules and regulations of the Boardof Trustees of the State Employees Group Benefits Program or an activeor retired employee of the Louisiana Naval War Memorial Commission;

* * *"

AMENDMENT NO. 4

On page 1, line 10, change "Section 1." to "Section 2."

AMENDMENT NO. 5


Rep. Schneider moved that the amendments proposed by theSenate be concurred in.

ROLL CALL


YEAS

Mr. Speaker Green PerkinsAlario Guillory PierreAlexander, E Hammett PinacAlexander, R Heaton PitreAnsardi Hebert PowellBaldone Hill PrattBaylor Holden QuezaireBowler Hopkins RichmondBroome Hudson RiddleBruneau Hunter Romero


2809

Carter, K Hutter Salter Alexander, R Heaton PitreCarter, R Iles Scalise Ansardi Hebert PowellClarkson Jackson, L Schneider Baldone Hill PrattCrane Jackson, M Schwegmann Baylor Holden QuezaireCrowe Johns Shaw Bowler Hopkins RichmondCurtis Katz Smith, G.—56th Broome Hudson RiddleDamico Kennard Smith, J.D.—50th Bruce Hunter RomeroDaniel Kenney Smith, J.H.—8th Bruneau Hutter SalterDartez Lancaster Smith, J.R.—30th Carter, K Iles ScaliseDevillier Landrieu Sneed Carter, R Jackson, L SchneiderDoerge LeBlanc Stelly Clarkson Jackson, M SchwegmannDonelon Lucas Strain Crane Johns ShawDowner Martiny Swilling Crowe Katz Smith, G.—56thDurand McCallum Thompson Damico Kennard Smith, J.D.—50thErdey McDonald Toomy Daniel Kenney Smith, J.H.—8thFarrar McMains Townsend Dartez Lancaster Smith, J.R.—30thFaucheux McVea Triche Devillier Landrieu SneedFlavin Montgomery Tucker Diez LeBlanc StellyFrith Morrell Waddell Doerge Lucas StrainFruge Morrish Walsworth Donelon Martiny SwillingFutrell Murray Welch Downer McCallum ThompsonGallot Nevers Winston Erdey McDonald ToomyGlover Odinet Wright Farrar McMains Townsend Total—99 Faucheux McVea Triche

NAYS Flavin Montgomery Tucker Frith Morrell Waddell Total—0 Fruge Morrish Walsworth

ABSENT Futrell Murray Welch

Baudoin Cazayoux LaFleur Glover Odinet WrightBruce Diez Wooton Total—99 Total—6 NAYS

The amendments proposed by the Senate were concurred in by the Total—0House. ABSENT

HOUSE BILL NO. 1351—BY REPRESENTATIVE THOMPSON

AN ACTTo authorize and provide for the transfer or lease of certain property to

the Department of Culture, Recreation and Tourism; and toprovide for related matters.

Read by title.

The above bill was taken up with the amendments proposed by the AN ACTSenate. To amend and reenact R.S. 4:421(A)(2) and (4), 424(A)(6), (7), and


Amendments proposed by Senate Committee on Natural Resources to activities and to change the penalties for certain violations; and toEngrossed House Bill No. 1351 by Representative Thompson provide for related matters.

AMENDMENT NO. 1 Read by title.

On page 1, line 6, between "The" and "commissioner" insert "Poverty The above bill was taken up with the amendments proposed by thePoint Reservoir District, through the" Senate.


ROLL CALL

The roll was called with the following result:YEAS AMENDMENT NO. 1

Mr. Speaker Green Perkins On page 1, line 2, after "(4)," and before "424" insert "422(A)(1),Alario Guillory Pierre 423(B)(introductory paragraph)," and at the end of the line, delete "and"Alexander, E Hammett Pinac

Gallot Nevers Winston

Baudoin Curtis LaFleurCazayoux Durand Wooton Total—6


HOUSE BILL NO. 1685—BY REPRESENTATIVE DANIEL AND SENATOR DARDENNE

(8), and 426(C)(1)(a) and (2), relative to athlete agents; to providefor changes in the definitions; to provide for exceptions; to providerelative to an athlete's eligibility; to provide relative to prohibited


Amendments proposed by Senate Committee on Commerce andConsumer Protection to Reengrossed House Bill No. 1685 byRepresentative Daniel


2810

AMENDMENT NO. 2 On page 4, after line 16, insert the following:

On page 1, line 3, after "(2)," and before "relative" insert "and "* * *433(A)(introductory paragraph) and (C), to enact R.S. 4:424(C), and torepeal R.S. 4:433(B)," §433. Athletes and athlete agents; unlawful Unlawful payments;

AMENDMENT NO. 3

On page 1, line 5, after "eligibility;" and before "to" insert the following: contrary, it shall be unlawful for any registered athlete agent, agent or

"to provide relative to registration of athlete agents; to provide relative activity requiring registration as an athlete agent, or any other person toto agent contracts;" make or offer a monetary payment, or anything of value in excess of

AMENDMENT NO. 4 where such offer does any one or both of the following:

On page 1, line 9, after "(4)," and before "424" insert "422(A)(1), * * *423(B)(introductory paragraph)," and at the end of the line, delete "and"

AMENDMENT NO. 5 Section shall be guilty of a misdemeanor and shall be imprisoned for not

On page 1, line 10, after "(2)" and before "are" insert a comma "," and fined not more than ten thousand dollars, or both."and 433(A)(introductory paragraph) and (C)" and after "reenacted" andbefore "to" insert "and R.S. 4:424(C) is hereby enacted" Section 2. R.S. 4:433(B) is hereby repealed in its entirety."

AMENDMENT NO. 6 Rep. Daniel moved that the amendments proposed by the Senate


"§422. Registration of agents

A.(1) An athlete agent shall register with the division as providedin this Chapter before the athlete agent may contact, directly or YEASindirectly, an athlete while the athlete is located in this state or while theathlete is out of this state if the athlete's transportation was provided for Alario Green Pinacor paid by the athlete agent. Alexander, E Guillory Pitre

* * * Ansardi Heaton Pratt

§423. Agent's contract; schedule of fees; maximum fee; notification; Baylor Hill Richmondpenalty Bowler Holden Riddle

* * * Bruce Hudson Salter

B. The following provision shall be printed on the face of the Carter, K Hutter Schneideragent contract a separate document, which shall be attached to the agent Carter, R Iles Schwegmanncontract and signed by the athlete and shall be considered an addendum Clarkson Jackson, L Shawto the contract, in at least ten-point type that is bold-faced, capitalized, Crane Jackson, M Smith, G.—56thunderlined, or otherwise set out from the surrounding written material Crowe Johns Smith, J.D.—50thso as made to be conspicuous: Curtis Katz Smith, J.H.—8th

* * *" Daniel Kenney Sneed

AMENDMENT NO. 7 Devillier LeBlanc Strain

On page 4, between lines 3 and 4, insert the following: Doerge Martiny Thompson

"C.(1) The provisions of this Chapter shall not prohibit an athlete Downer McDonald Townsendagent from entering into an agent contract or professional sport services Durand McMains Trichecontract with an athlete who is being recruited by an institution of Erdey McVea Tuckerhigher education. Farrar Montgomery Waddell

(2) The provisions of this Chapter shall not prohibit an athlete Flavin Morrish Welchagent from entering into an agent contract or a professional sport Frith Murray Winstonservices contract with an athlete who is participating in sport contests at Fruge Nevers Wootonan institution of higher education. Futrell Odinet Wright

* * *" Glover Pierre

AMENDMENT NO. 8 NAYS

penalties

A. Notwithstanding any other provision of this Chapter to the

employee of any registered athlete agent, or any person engaging in

five hundred dollars, to an athlete or a member of his immediate family

C. Any person found to be in violation of the provisions of this

more than one year five years, with or without hard labor, or may be

be concurred in.

ROLL CALL


Alexander, R Hammett Powell

Baldone Hebert Quezaire

Broome Hopkins Romero

Bruneau Hunter Scalise

Damico Kennard Smith, J.R.—30th

Dartez Landrieu Stelly

Diez Lucas Swilling

Donelon McCallum Toomy

Faucheux Morrell Walsworth

Gallot Perkins

Total—100


2811

Alexander, R Hebert Pitre Total—0 Ansardi Hill Powell

ABSENT Baylor Holden Pratt

Mr. Speaker Cazayoux Lancaster Bruce Hudson RichmondBaudoin LaFleur Bruneau Hunter Riddle Total—5 Carter, K Hutter Romero

The amendments proposed by the Senate were concurred in by the Cazayoux Jackson, L ScaliseHouse. Clarkson Jackson, M Schneider

HOUSE BILL NO. 1732—BY REPRESENTATIVES LEBLANC, DEWITT, WINSTON, R. ALEXANDER,DOERGE, DURAND, GUILLORY, ILES, L. JACKSON, KATZ, MCCALLUM,PERKINS, SCHWEGMANN, SHAW, AND WELCH

AN ACTTo amend and reenact R.S. 46:460.6(A), (B)(1)(a), and (D) and to

enact R.S. 46:460.6(B)(3)(d) and (e) and (4), relative to individualdevelopment accounts; to allow TANF funds to be used therefor;and to provide for related matters.

Read by title.



Amendments proposed by Senator Schedler to Reengrossed House BillNo. 1732 by Representative LeBlanc

AMENDMENT NO. 1

On page 1, line 3, after "relative to" and before "individual" insert"TANF funds; to provide for"

AMENDMENT NO. 2

On page 1, line 4, after "therefor;" and before "and" insert "to providefor certain rulemaking authority;"

AMENDMENT NO. 3

On page 2, after line 23, insert:

"Section 2. Notwithstanding any provision of law to the contrary,the Department of Social Services is authorized to adopt suchemergency rules as are necessary to facilitate the expenditure of TANFfunds appropriated in that Act which originated as House Bill No. 1 ofthe 2001 Regular Session of the Legislature.

Section 3. Sections 2 and 3 of this Act shall become effectiveupon signature by the governor or, if not signed by the governor, uponexpiration of the time for bills to become law without signature by thegovernor, as provided in Article III, Section 18 of the Constitution ofLouisiana. If vetoed by the governor and subsequently approved by thelegislature, this Act shall become effective on the day following suchapproval."

Rep. LeBlanc moved that the amendments proposed by the Senatebe concurred in.

ROLL CALL


YEAS

Alario Hammett PierreAlexander, E Heaton Pinac

Broome Hopkins Quezaire

Carter, R Iles Salter

Crane Johns SchwegmannCrowe Katz ShawCurtis Kennard Smith, G.—56thDamico Kenney Smith, J.D.—50thDaniel LaFleur Smith, J.H.—8thDartez Lancaster Smith, J.R.—30thDevillier Landrieu SneedDoerge LeBlanc StellyDonelon Lucas StrainDowner Martiny SwillingDurand McCallum ThompsonErdey McDonald ToomyFarrar McMains TownsendFaucheux McVea TricheFrith Montgomery WaddellFruge Morrell WalsworthFutrell Morrish WelchGallot Murray WinstonGlover Nevers WootonGreen Odinet WrightGuillory Perkins Total—98

NAYS Total—0

ABSENT

Mr. Speaker Bowler TuckerBaldone DiezBaudoin Flavin Total—7



AN ACTTo amend and reenact R.S. 51:1253(10), 1255(20), and 1262(A)(11)

and to repeal R.S. 51:1262(A)(12), relative to the Department ofCulture, Recreation and Tourism; to change the definition of"tourist"; to provide for the powers and duties of the office oftourism; to provide for the promulgation of rules; to authorize awelcome center at Butte LaRose; to repeal provisions authorizingwelcome centers near Angie and in eastern New Orleans; and toprovide for related matters.

Read by title.



Amendments proposed by Senator Johnson to Engrossed House BillNo. 1753 by Representative Pinac

AMENDMENT NO. 1


2812

On page 1, line 7, change "welcome centers" to "a welcome center" Flavin Murray Winstonand insert a semicolon ";" at the end of the line Frith Nevers Wooton

AMENDMENT NO. 2 Total—99

On page 1, line 8, delete "and in eastern New Orleans;"

AMENDMENT NO. 3 ABSENT

On page 2, line 23, after "(11)" and before "At" insert "Along Interstate Baudoin Holden LancasterHighway 10 in eastern New Orleans." Green Jackson, M Quezaire


Amendments proposed by Senator Hollis to Engrossed House Bill No. House.1753 by Representative Pinac

AMENDMENT NO. 1


"(a) The department shall adopt a definition within sixty days ofthe effective date of this Act.

(b) The department shall submit to the Senate Committee onCommerce and Consumer Protection and the House Committee onCommerce a comparative summary of the definition of tourists asdefined by other southern states within sixty days of the effective dateof this Act."


ROLL CALL


YEAS

Mr. Speaker Futrell PerkinsAlario Gallot PierreAlexander, E Glover PinacAlexander, R Guillory PitreAnsardi Hammett PowellBaldone Heaton PrattBaylor Hebert RichmondBowler Hill RiddleBroome Hopkins RomeroBruce Hudson SalterBruneau Hunter ScaliseCarter, K Hutter SchneiderCarter, R Iles SchwegmannCazayoux Jackson, L ShawClarkson Johns Smith, G.—56thCrane Katz Smith, J.D.—50thCrowe Kennard Smith, J.H.—8thCurtis Kenney Smith, J.R.—30thDamico LaFleur SneedDaniel Landrieu StellyDartez LeBlanc StrainDevillier Lucas SwillingDiez Martiny ThompsonDoerge McCallum ToomyDonelon McDonald TownsendDowner McMains TricheDurand McVea TuckerErdey Montgomery WaddellFarrar Morrell WalsworthFaucheux Morrish Welch

Fruge Odinet Wright

NAYS

Total—0

Total—6

The amendments proposed by the Senate were concurred in by the

HOUSE BILL NO. 1777—BY REPRESENTATIVE DIEZ

AN ACTTo amend and reenact R.S. 32:772(F)(1), (2), (5), and (8),

774(G)(1)(a), and 776(D) and to repeal R.S. 32:774(B)(4)(b) and774.1, relative to used motor vehicle dealers; to provide for theretention of records; to provide for the regulation of trade shows;to provide for applications; to provide for bonding requirements;to provide relative to immediate revocation of a license; to providerelative to extended warranty contracts; and to provide for relatedmatters.

Read by title.



Amendments proposed by Senate Committee on Commerce andConsumer Protection to Reengrossed House Bill No. 1777 byRepresentative Diez

AMENDMENT NO. 1

On page 1, line 3, delete "R.S. 32:774(B)(4)(b)" and insert "R.S.32:772(F)(6), 774(B)(4)(b),"

AMENDMENT NO. 2

On page 4, line 8, change "three" to "five"

AMENDMENT NO. 3



Amendments proposed by Senator Smith to Reengrossed House BillNo. 1777 by Representative Diez


2813

AMENDMENT NO. 1 relative to the legislative auditor; to provide for the issuance,

On page 3, line 21, after "fees" insert a period "." and delete the auditor to certain software and hardware in carrying out his duties;remainder of the line and line 22 to provide relative to the audits of the Department of Education

Rep. Diez moved that the amendments proposed by the Senate be provided with financial statements of local school boards; torejected. provide relative to actuarial notes prepared by the legislative

ROLL CALL


YEAS

Mr. Speaker Green Pierre Senate.Alario Guillory PinacAlexander, E Hammett PitreAlexander, R Heaton PowellAnsardi Hill Pratt Amendments proposed by Senate Committee on Senate andBaldone Holden Quezaire Governmental Affairs to Engrossed House Bill No. 1816 byBaylor Hopkins Richmond Representative Triche Bowler Hudson RiddleBroome Hunter Romero AMENDMENT NO. 1Bruce Hutter SalterBruneau Iles Scalise On page 1, line 15, between "Commission;" and "and" insert "to requireCarter, K Jackson, L Schneider funds be made available to the governor-elect for transition purposes;"Carter, R Jackson, M SchwegmannClarkson Johns Shaw AMENDMENT NO. 2Crane Katz Smith, G.—56thCrowe Kenney Smith, J.D.—50th On page 17, lines 8 and 13, change "tax commission" to "legislativeDamico Lancaster Smith, J.H.—8th auditor"Daniel Landrieu Smith, J.R.—30thDartez LeBlanc Sneed AMENDMENT NO. 3Devillier Lucas StellyDoerge Martiny Strain On page 18, line 8, change "ten" to "sixty-five"Donelon McCallum SwillingDurand McDonald Thompson Rep. Triche moved that the amendments proposed by the SenateErdey McMains Toomy be concurred in.Farrar McVea TownsendFaucheux Montgomery TricheFlavin Morrell WaddellFrith Morrish Walsworth The roll was called with the following result:Fruge Murray WelchFutrell Nevers Winston YEASGallot Odinet WootonGlover Perkins Wright Mr. Speaker Gallot Odinet Total—96 Alario Glover Pierre

NAYS Alexander, E Green Pinac Alexander, R Guillory Pitre Total—0 Ansardi Hammett Powell

ABSENT Baldone Heaton Pratt

Baudoin Diez Kennard Bowler Hill RichmondCazayoux Downer LaFleur Broome Holden RiddleCurtis Hebert Tucker Bruce Hopkins Romero Total—9 Bruneau Hudson Salter

The amendments proposed by the Senate were rejected. Carter, R Hutter Schneider

Conference committee appointment pending. Clarkson Jackson, L Shaw

HOUSE BILL NO. 1816—BY REPRESENTATIVE TRICHE

AN ACTTo amend and reenact R.S. 9:1586, R.S. 11:1472(B), R.S. 13:753, R.S.

17:1755, R.S. 24:513(A)(1)(a), 513.1(A), 513.3(C), 514(I),516(A)(1), 521(B) and (E), R.S. 33:536, 650, and 1446, R.S.34:24(B)(2), R.S. 39:408, R.S. 44:4(6), R.S. 47:1966, 1993(B),and 2064, and R.S. 49:208 and 209 and to enact R.S. 24:513(M),

receiving, and maintaining of reports; to provide for access by the

and of local school boards and performance and statistical data

auditor; to replace references to predecessor officers of thelegislative auditor with references to the legislative auditor or theLouisiana Tax Commission; and to provide for related matters.

Read by title.

The above bill was taken up with the amendments proposed by the


ROLL CALL

Baylor Hebert Quezaire

Carter, K Hunter Scalise

Cazayoux Iles Schwegmann

Crane Jackson, M Smith, G.—56thCrowe Johns Smith, J.D.—50thCurtis Katz Smith, J.H.—8thDamico Kennard Smith, J.R.—30thDaniel Kenney SneedDartez LaFleur StellyDevillier Lancaster StrainDiez Landrieu SwillingDoerge Lucas Thompson


2814

Donelon Martiny Toomy On page 1, line 8, after "R.S. 37:1262(1)" delete "is" and insert "and (2)Downer McCallum Townsend are"Durand McDonald TricheErdey McMains TuckerFarrar McVea WaddellFaucheux Montgomery WalsworthFlavin Morrell WelchFrith Morrish WinstonFruge Murray WootonFutrell Nevers Wright Total—102

NAYS

Perkins Total—1

ABSENT

Baudoin LeBlanc Total—2


HOUSE BILL NO. 1828—BY REPRESENTATIVE TOWNSEND

AN ACTTo amend and reenact R.S. 37:1262(1), relative to the practice of

medicine, surgery, or midwifery; to exclude, under certainconditions, the selection, delivery, or administration of anesthesiafrom the definition of "the practice of medicine, surgery, ormidwifery"; and to provide for related matters.

Read by title.



Amendments proposed by Senate Committee on Health and Welfare toReengrossed House Bill No. 1828 by Representative Townsend

AMENDMENT NO. 1

On page 2, line 8, after "However" insert "except as expresslyauthorized in this Title"

AMENDMENT NO. 2

On page 2, line 10, after "anesthesia" insert a period "." and delete theremainder of the line and delete lines 11 through 13 in their entirety


Amendments proposed by Senator Chaisson to Reengrossed House BillNo. 1828 by Representative Townsend

AMENDMENT NO. 1

Delete Amendments Nos. 1 and 2 proposed by the Senate Committeeon Health and Welfare to Reengrossed House Bill 1828 and adopted bythe Senate on June 7, 2001

AMENDMENT NO. 2

On page 1, line 2, after "R.S. 37:1262(1)" before the comma ", insert"and (2) and to enact R.S. 37:1302"

AMENDMENT NO. 3

AMENDMENT NO. 4

On page 1, line 8, between "reenacted" and "to" insert "and R.S.37:1302 is hereby enacted"

AMENDMENT NO. 5

On page 1, delete line 13 and insert in lieu thereof the following:

"(1)(a) "The practice of medicine, whether allopathic or osteopathic,means the"

AMENDMENT NO. 6

On page 2, line 7, delete "surgeon,"

AMENDMENT NO. 7

On page 2, delete lines 8 through 13 in their entirety and insert in lieuthereof the following:

"(b) "The practice of medicine, surgery, or midwifery" shallinclude the delegation of any medical tasks or duties related to theselection, delivery or administration of anesthesia or any form ofanesthetic, except as provided in R.S. 37:1302.

(2) "Physician" means a natural person who is the holder of anallopathic (M.D.) degree or an osteopathic (D.O.) degree from a medicalcollege in good standing with the board who holds a license, permit,certification, or registration issued by the board to engage in the practiceof medicine in the state of Louisiana. Doctors of allopathic medicine(M.D.) and doctors of osteopathic medicine (D.O.) shall be accordedequal professional status and unrestricted privileges in the practice ofmedicine."

AMENDMENT NO. 8


"§1302. Anesthesia; delegation to an anesthesiologist assistant;limitation

A physician shall not delegate any medical tasks or duties relatedto the selection, delivery, or administration of anesthesia to ananesthesiologist assistant or anesthesia assistant."

Rep. Townsend moved that the amendments proposed by theSenate be concurred in.

As a substitute motion, Rep. Strain moved that the amendmentsproposed by the Senate be rejected.

Rep. Townsend objected.

The vote recurred on the substitute motion.

ROLL CALL


YEAS

Alario Erdey PinacBaldone Flavin PowellCarter, K Fruge ShawCarter, R Jackson, L Smith, G.—56thClarkson Katz Smith, J.R.—30thCrane LaFleur Stelly


2815

Crowe McCallum Strain Futrell Montgomery TuckerCurtis McMains Swilling Gallot Morrell WaddellDamico Murray Toomy Glover Morrish WalsworthDaniel Odinet Welch Green Nevers WelchDowner Perkins Wright Guillory Pierre Winston Total—33 Hammett Pinac Wooton

NAYS Heaton Pitre Wright

Mr. Speaker Guillory Pierre Total—83Alexander, E Hammett Pitre NAYSAlexander, R Heaton PrattAnsardi Hebert Quezaire Mr. Speaker Crowe KatzBaylor Hill Richmond Alario Damico LaFleurBowler Holden Riddle Baldone Daniel MurrayBroome Hopkins Romero Baylor Downer OdinetBruce Hunter Salter Carter, K Erdey PerkinsBruneau Hutter Scalise Carter, R Flavin StrainCazayoux Iles Schneider Crane Jackson, L ToomyDartez Jackson, M Schwegmann Total—21Devillier Johns Smith, J.D.—50th ABSENTDiez Kennard Smith, J.H.—8thDoerge Kenney Sneed BaudoinDonelon Lancaster Thompson Total—1Durand LeBlanc TownsendFarrar Martiny Triche The amendments proposed by the Senate were concurred in by theFaucheux McDonald Tucker House.Frith McVea WaddellFutrell Montgomery WalsworthGallot Morrell WinstonGlover Morrish WootonGreen Nevers Total—68

ABSENT

Baudoin LandrieuHudson Lucas Total—4

The House refused to reject the amendments.

Rep. Townsend insisted on his motion that the amendmentsproposed by the Senate be concurred in.

ROLL CALL


YEAS

Alexander, E Hill PrattAlexander, R Holden QuezaireAnsardi Hopkins RichmondBowler Hudson RiddleBroome Hunter RomeroBruce Hutter SalterBruneau Iles ScaliseCazayoux Jackson, M SchneiderClarkson Johns SchwegmannCurtis Kennard ShawDartez Kenney Smith, G.—56thDevillier Lancaster Smith, J.D.—50thDiez Landrieu Smith, J.H.—8thDoerge LeBlanc Smith, J.R.—30thDonelon Lucas SneedDurand Martiny StellyFarrar McCallum SwillingFaucheux McDonald ThompsonFrith McMains TownsendFruge McVea Triche

Hebert Powell

HOUSE BILL NO. 1834—BY REPRESENTATIVES LANCASTER AND WALSWORTH

AN ACTTo enact R.S. 18:1505.3(D), relative to campaign advertising; to

prohibit persons from making or accepting certain paymentsregarding campaign advertising; to require publishers andbroadcasters to file certain reports with the supervisory committee;to provide for penalties; and to provide for related matters.

Read by title.



Amendments proposed by Senate Committee on Senate andGovernmental Affairs to Reengrossed House Bill No. 1834 byRepresentative Lancaster

AMENDMENT NO. 1

On page 1, line 4, delete "file certain reports" and insert "maintaincertain public records"

AMENDMENT NO. 2

On page 1, line 5, delete "with the supervisory committee"

AMENDMENT NO. 3

On page 3, delete lines 1through 7, in their entirety and insert thefollowing:

"(d) The publisher or broadcaster shall maintain the statement asa public record at its official business address or at the station address fora period of two years during which time the publisher or broadcastershall make the statement available for public inspection as the custodianof a public record, pursuant to R.S. 44:1 et seq."

AMENDMENT NO. 4


2816

On page 3, line 8, change "(f)" to "(e)" Gallot Perkins


Amendments proposed by Senator McPherson to Reengrossed HouseBill No. 1834 by Representative Lancaster

AMENDMENT NO. 1

On page 1, line 2, after "1505.3(D)" insert "and to repeal R.S.18:1505.2(O) as enacted by Act No. 340 of the 2001 Regular Session"

AMENDMENT NO. 2

On page 1, line 5, after "penalties;" insert "to repeal prohibition againstuse of campaign funds to pay fines, fees, or penalties;"

AMENDMENT NO. 3


"Section 2. R.S. 18:1505.2(O) as enacted by Act No. 340 of the2001 Regular Session is hereby repealed."

Rep. Lancaster moved that the amendments proposed by theSenate be rejected.

ROLL CALL


YEAS

Mr. Speaker Glover PierreAlario Green PinacAlexander, E Guillory PitreAlexander, R Hammett PowellAnsardi Hebert PrattBaldone Hill QuezaireBaylor Holden RichmondBowler Hopkins RiddleBroome Hudson RomeroBruce Hunter SalterBruneau Hutter ScaliseCarter, K Iles SchneiderCarter, R Jackson, L SchwegmannCazayoux Jackson, M ShawClarkson Johns Smith, G.—56thCrane Katz Smith, J.D.—50thCrowe Kennard Smith, J.H.—8thCurtis Kenney Smith, J.R.—30thDamico LaFleur SneedDaniel Lancaster StellyDartez Landrieu StrainDevillier LeBlanc SwillingDiez Lucas ThompsonDoerge Martiny ToomyDonelon McCallum TownsendDowner McDonald TricheDurand McMains TuckerErdey McVea WaddellFarrar Montgomery WalsworthFaucheux Morrell WelchFlavin Morrish WinstonFrith Murray WootonFruge Nevers WrightFutrell Odinet

Total—103NAYS

Total—0

ABSENT

Baudoin Heaton Total—2



HOUSE BILL NO. 1888—BY REPRESENTATIVE MONTGOMERY

AN ACTTo amend and reenact R.S. 32:1254(H), (I)(1), and (M)(3), relative to

licensees of the Louisiana Motor Vehicle Commission; to providefor applications for licenses; to provide for the renewal of suchlicenses; to provide relative to fees assessed for such licenses; toprovide relative to bonding requirements; and to provide for relatedmatters.

Read by title.

Motion

On motion of Rep. Montgomery, the bill was returned to thecalendar.

HOUSE BILL NO. 1890—BY REPRESENTATIVE KENNARD

AN ACTTo amend and reenact R.S. 33:1971, relative to fire ground authority;

to provide for the fire ground authority at certain emergencyscenes; and to provide for related matters.

Read by title.



Amendments proposed by Senate Committee on Local and MunicipalAffairs to Engrossed House Bill No. 1890 by Representative KennardAMENDMENT NO. 1

On page 1, line 17, after "Section." and before "This" insert thefollowing:

"However, in the event that the situation is a forest fire, grass fire orother wildland fire that would come within the jurisdiction of theLouisiana Department of Agriculture and Forestry, office of forestry,then the ranking forestry officer on the scene shall established a unifiedcommand of equal authority with the ranking fire department officer onthe scene to abate the incident."

Rep. Kennard moved that the amendments proposed by the Senatebe concurred in.

ROLL CALL



2817

YEAS AMENDMENT NO. 1

Mr. Speaker Glover Perkins On page 2, delete lines 6 through 8, and on line 9, delete "Thereafter,"Alario Green PierreAlexander, E Guillory Pinac Rep. Quezaire moved that the amendments proposed by the SenateAlexander, R Hammett Pitre be concurred in.Ansardi Heaton PowellBaldone Hebert PrattBaylor Hill QuezaireBowler Holden Richmond The roll was called with the following result:Broome Hudson RiddleBruce Hunter Romero YEASBruneau Hutter SalterCarter, K Iles Scalise Mr. Speaker Guillory PerkinsCarter, R Jackson, L Schneider Alario Hammett PierreCazayoux Jackson, M Schwegmann Alexander, E Heaton PinacClarkson Johns Shaw Alexander, R Hebert PitreCrane Katz Smith, G.—56th Ansardi Hill PowellCrowe Kennard Smith, J.D.—50th Baldone Holden PrattCurtis Kenney Smith, J.H.—8th Baylor Hopkins QuezaireDamico LaFleur Smith, J.R.—30th Broome Hudson RichmondDaniel Lancaster Sneed Bruce Hunter RiddleDartez Landrieu Stelly Bruneau Hutter RomeroDevillier LeBlanc Strain Carter, R Iles SalterDiez Lucas Swilling Cazayoux Jackson, L ScaliseDoerge Martiny Thompson Clarkson Jackson, M SchneiderDonelon McCallum Toomy Crane Johns SchwegmannDowner McDonald Townsend Curtis Katz ShawDurand McMains Triche Damico Kennard Smith, G.—56thErdey McVea Tucker Daniel Kenney Smith, J.D.—50thFarrar Montgomery Waddell Dartez LaFleur Smith, J.H.—8thFaucheux Morrell Walsworth Devillier Lancaster Smith, J.R.—30thFlavin Morrish Welch Diez Landrieu SneedFrith Murray Winston Doerge LeBlanc StellyFruge Nevers Wooton Donelon Lucas StrainFutrell Odinet Wright Downer Martiny Swilling Total—102 Durand McCallum Thompson

NAYS Erdey McDonald Toomy Farrar McMains Townsend Total—0 Faucheux McVea Triche

ABSENT Flavin Montgomery Tucker

Baudoin Gallot Hopkins Fruge Morrish Welch Total—3 Futrell Murray Winston

The amendments proposed by the Senate were concurred in by the Green Odinet WrightHouse. Total—99

HOUSE BILL NO. 1903—BY REPRESENTATIVE QUEZAIRE

AN ACTTo amend and reenact R.S. 32:863(A)(3)(b) and (c), relative to

compulsory motor vehicle liability security; to provide for uses ofcompulsory insurance reinstatement fees; and to provide forrelated matters.

Read by title.



Amendments proposed by Senate Committee on Transportation, To amend and reenact R.S. 32:402(B)(1), relative to drivers' licenses;Highways, and Public Works to Engrossed House Bill No. 1903 by to provide relative to traffic violations; to provide for penalties; andRepresentative Quezaire to provide for related matters.

ROLL CALL

Frith Morrell Walsworth

Gallot Nevers Wooton

NAYS

Bowler Total—1

ABSENT

Baudoin Crowe WaddellCarter, K Glover Total—5


HOUSE BILL NO. 2027—BY REPRESENTATIVE DOWNER

AN ACT

Read by title.


2818

The above bill was taken up with the amendments proposed by the On page 1, line 6, after "reenacted" insert "and R.S. 32:402(E) is herebySenate. enacted"


Amendments proposed by Senator Theunissen to Engrossed House Bill On page 2, line 6, change "two hundred fifty" to "seventy-five"No. 2027 by Representative Downer

AMENDMENT NO. 1

On page 1, line 2, after "R.S. 32:" insert "383.1(A) and"

AMENDMENT NO. 2

On page 1, line 2, after "relative to" insert "traffic; to provide for"

AMENDMENT NO. 3

On page 1, line 3, after "penalties;" insert "to provide for an exemption,under certain conditions, to require covering of loads of loose material;" "E. No person who holds a valid state driver's license shall be

AMENDMENT NO. 4 his immediate physical possession."

On page 1, line 6, after ""R.S. 32:" insert "383.1(A) and" and change Rep. Downer moved that the amendments proposed by the Senate"is" to "are" be concurred in.

AMENDMENT NO. 5

On page 1, between lines 7 and 8, insert the following: The roll was called with the following result:

"§383.1. Loads of loose materials on vehicles; care required thereto; YEASpenalties

A. Any load of loose material as defined in R.S. 32:383(C) being Alario Glover Murraytransported by a commercial hauler, or in a vehicle purchased by the Alexander, R Green Neversstate or any political subdivision of this state after August 15, 1999, Ansardi Guillory Odinetshall be covered in such a manner as to prevent the load from blowing, Baldone Hammett Pierrespilling, or dropping from the vehicle. However, a load of dirt or sand Baylor Heaton Pinacshall be exempt from the provisions of this Section if the load is being Broome Hebert Pitretransported within a municipality with a population of not less than ten Bruce Hill Powellthousand five hundred nor more than eleven thousand two hundred in Carter, K Holden Pratta parish with a population of no less than thirty-one thousand two Carter, R Hudson Quezairehundred fifty nor no more than thirty-two thousand five hundred all Cazayoux Hunter Richmondaccording to the latest decennial census, and the speed of the vehicle Clarkson Hutter Riddletransporting the load does not exceed twenty-five miles per hour. Crane Iles Romero

* * *" Curtis Johns Schwegmann

AMENDMENT NO. 6 Dartez Kennard Smith, G.—56th

On page 2, after line 12, insert the following: Diez LaFleur Smith, J.R.—30th

"Section 2. R.S. 32:383.1(A), as amended and reenacted in this Donelon Landrieu StellyAct, shall supersede the enactment of R.S. 32:383.1(A) as contained in Downer LeBlanc Strainthat Act which originated as Senate Bill No. 1054 of the 2001 Regular Durand Lucas SwillingSession." Erdey Martiny Thompson


Amendments proposed by Senator Cravins to Engrossed House Bill No. Frith McVea Welch2027 by Representative Downer Fruge Montgomery Wooton


On page 1, line 2, after "402(B)(1)" delete the comma "," and insert"and to enact R.S. 32:402(E)," Alexander, E Jackson, L Toomy

AMENDMENT NO. 2 Bruneau Scalise Winston

AMENDMENT NO. 3

AMENDMENT NO. 4

On page 2, line 8, change "five hundred" to "two hundred fifty"

AMENDMENT NO. 5

On page 2, line 10, change "one thousand" to "five hundred"

AMENDMENT NO. 6


deemed to be in violation of this Section because such license is not in

ROLL CALL

Mr. Speaker Gallot Morrish

Crowe Jackson, M Salter

Daniel Katz Shaw

Devillier Kenney Smith, J.D.—50th

Doerge Lancaster Sneed

Farrar McCallum TownsendFaucheux McDonald TricheFlavin McMains Walsworth

Futrell Morrell

NAYS

Bowler Perkins Tucker

Hopkins Schneider Wright


2819

Total—12 AMENDMENT NO. 1ABSENT

Baudoin Smith, J.H.—8th Committee on Senate and Governmental Affairs and adopted by theDamico Waddell Senate on June 7, 2001, on line 12, change "3" to "4" Total—4

The amendments proposed by the Senate were concurred in by theHouse. On page 1, line 2, delete "and 1505.4(D)"

HOUSE BILL NO. 2056 (Substitute for House Bill No. 443 by SENATE FLOOR AMENDMENTSRepresentative Scalise) —BY REPRESENTATIVES SCALISE, BRUNEAU, LANCASTER, ANDLANDRIEU

AN ACTTo enact R.S. 18:1505.2(I)(3) and 1505.4(D), relative to penalties for

violations of the Campaign Finance Disclosure Act; to prohibit theexpenditure of campaign funds by a candidate or his principal orsubsidiary campaign committee while a campaign finance fine, fee,or penalty remains unpaid; to provide for penalties; to providerelative to the suspension from office of an elected official who hasnot complied with a final order imposing a campaign finance fine,fee, or penalty; to provide for the manner of compliance with anorder imposing a campaign finance, fine, fee, or penalty; and toprovide for related matters.

Read by title.



Amendments proposed by Senate Committee on Senate andGovernmental Affairs to Reengrossed House Bill No. 2056 byRepresentative Scalise

AMENDMENT NO. 1

On page 1, line 6, after "penalties;" delete the remainder of the line anddelete lines 7 through 10 and insert "; and to provide for related"

AMENDMENT NO. 2

On page 1, line 13, delete "and 1505.4(D) are" and insert "is"

AMENDMENT NO. 3

On page 2, line 17, after "greater" insert "and shall be subject togarnishment proceedings as provided by law"

AMENDMENT NO. 4

On page 2, delete lines 19 through 26 and on page 3, delete lines 1through 25

AMENDMENT NO. 5

On page 4, delete lines 1 through 16 in their entirety


Amendments proposed by Legislative Bureau to Reengrossed HouseBill No. 2056 by Representative Scalise

In Senate Committee Amendment No. 5 proposed by the Senate

AMENDMENT NO. 2

Amendments proposed by Senator Ellington to Reengrossed House BillNo. 2056 by Representative Scalise

AMENDMENT NO. 1

On page 1, line 6, after "penalties;" and before "and" insert "to providefor forfeiture;"

AMENDMENT NO. 2


"* * *

§1505.4. Civil penalties; failure to file; timely and accurate filing;forfeiture

* * *

D.(1) Any elected official who fails to comply with a final order ofa court or the supervisory committee, which imposes a fine, fee, orpenalty pursuant to this Chapter and against which all appeal delayshave lapsed shall be subject to forfeiture of the non-exempt portion ofhis public salary, as provided in this Subsection, until such time as hehas complied with such order. The forfeiture shall take effect no lessthan twenty days after notice is sent to the elected official pursuant toparagraph (2) of this Subsection.

(2) The supervisory committee shall notify the elected official inwriting when he is subject to the forfeiture provided for in thisSubsection. The notice shall provide the name of the elected official,the office he holds, the amount of the outstanding fines, fees, orpenalties which are subject to forfeiture, and the date on which theforfeiture is to take effect. The supervisory committee shall send twocopies of the notice by certified mail, one to the campaign address of theelected official on file with the supervisory committee and the other tothe official address of the office which he holds. Additionally, thesupervisory committee shall send a copy of the notice by certified mailto the entity which is responsible for disbursing the elected official'ssalary, along with instructions as to the proper method for forwardingthe forfeited funds.

(3)(a) "Forfeiture" pursuant to this Subsection shall be analternative means of collecting an outstanding fine, fee, or penaltyimposed by a final order of a court or the supervisory committeepursuant to the provisions of this Chapter and against which all appealdelays have lapsed.

(b) On the next payroll date following the effective date of theforfeiture, and each payroll date thereafter so long as the forfeitureremains in effect, the entity which is responsible for disbursing theelected official's salary shall withhold that portion of the electedofficial's salary which is not exempt from seizure, as provided in R.S.13:3881. This portion of the elected official's salary shall be forwardedto the supervisory committee, as directed in the notice. The forfeitureshall remain in effect until such time as the supervisory committee


2820

notifies the entity which is responsible for disbursing the elected NAYSofficial's salary that the elected official has complied with the order.

(c) The entity which is responsible for disbursing the elected ABSENTofficial's salary may withhold three dollars from the nonexempt portionof the elected official's salary for each pay period during which the Baudoin Faucheux LaFleurforfeiture is in effect to cover the administrative costs of the forfeiture. Doerge Hill

(4) The supervisory committee shall treat all sums forwarded to itunder this Subsection as payments by the elected official of the The amendments proposed by the Senate were rejected.outstanding fines, fees, or penalties and shall immediately notify theentity which is responsible for disbursing the elected official's salary Conference committee appointment pending.when the elected official has complied with the order or when the fines,fees, and penalties have been paid in full from the forfeited funds.

(5) For the purposes of this Subsection, an elected official shall bedeemed to have complied with a final order upon paying the fine, fee,or penalty in full or upon entering into and remaining current on anagreement with the supervisory committee providing for a paymentschedule. The failure to remain current on a payment schedule shallsubject the elected official to forfeiture."

Rep. Scalise moved that the amendments proposed by the Senaterejected.

ROLL CALL


YEAS

Mr. Speaker Green PinacAlario Guillory PitreAlexander, E Hammett PowellAlexander, R Heaton PrattAnsardi Hebert QuezaireBaldone Holden RichmondBaylor Hopkins RiddleBowler Hudson RomeroBroome Hunter SalterBruce Hutter ScaliseBruneau Iles SchneiderCarter, K Jackson, L SchwegmannCarter, R Jackson, M ShawCazayoux Johns Smith, G.—56thClarkson Katz Smith, J.D.—50thCrane Kennard Smith, J.H.—8thCrowe Kenney Smith, J.R.—30thCurtis Lancaster SneedDamico Landrieu StellyDaniel LeBlanc StrainDartez Lucas SwillingDevillier Martiny ThompsonDiez McCallum ToomyDonelon McDonald TownsendDowner McMains TricheDurand McVea TuckerErdey Montgomery WaddellFarrar Morrell WalsworthFlavin Morrish WelchFrith Murray WinstonFruge Nevers WootonFutrell Odinet WrightGallot PerkinsGlover Pierre Total—100

Total—0

Total—5

HOUSE BILL NO. 2067 (Substitute for House Bill No. 582 byRepresentative Pinac) —BY REPRESENTATIVE PINAC

AN ACTTo 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) and3576.21(H)(5), relative to collection agencies; to provide relativeto definitions; to provide for examination of records; to providerelative to surety bond or other requirements; to provide relative topowers of the commissioner; to provide for revocation of licenses;and to provide for related matters.

Read by title.



Amendments proposed by Senate Committee on Commerce toEngrossed House Bill No. 2067 by Representative Pinac

AMENDMENT NO. 1

On page 1, line 3, after "9:3576.3" insert "(2)(b)(xi) and"

AMENDMENT NO. 2

On page 1, line 10, after "9:3576.3" insert "(2)(b)(xi) and"

AMENDMENT NO. 3


"(xi) Any entity which is subject to the regulatory authority of theLouisiana Public Service Commission.

* * *"


ROLL CALL


YEAS

Mr. Speaker Glover PerkinsAlario Green PierreAlexander, E Guillory PinacAlexander, R Hammett PitreAnsardi Heaton PowellBaldone Hebert PrattBaylor Hill QuezaireBowler Holden Richmond


2821

Broome Hopkins Riddle AMENDMENT NO. 1Bruce Hudson RomeroBruneau Hunter Salter On page 9, line 12, after "charges" delete the remainder of the line andCarter, K Hutter Scalise insert "limited to no more than the authority’s direct and actual cost ofCarter, R Iles Schneider administering the permitting process."Cazayoux Jackson, L SchwegmannClarkson Jackson, M Shaw Rep. Diez moved that the amendments proposed by the Senate beCrane Johns Smith, G.—56th rejected.Crowe Katz Smith, J.D.—50thCurtis Kennard Smith, J.H.—8thDamico Kenney Smith, J.R.—30thDaniel LaFleur Sneed The roll was called with the following result:Dartez Lancaster StellyDevillier Landrieu Strain YEASDiez LeBlanc SwillingDoerge Lucas Thompson Mr. Speaker Glover PerkinsDonelon Martiny Toomy Alario Green PierreDowner McCallum Townsend Alexander, E Guillory PinacDurand McDonald Triche Alexander, R Hammett PitreErdey McMains Tucker Ansardi Heaton PowellFarrar McVea Waddell Baldone Hebert PrattFaucheux Montgomery Walsworth Baylor Hill QuezaireFlavin Morrell Welch Bowler Holden RichmondFrith Morrish Winston Broome Hopkins RiddleFruge Murray Wooton Bruce Hudson RomeroFutrell Nevers Wright Bruneau Hunter SalterGallot Odinet Carter, K Hutter Scalise Total—104 Carter, R Iles Schneider

NAYS Cazayoux Jackson, L Schwegmann Clarkson Jackson, M Shaw Total—0 Crane Johns Smith, G.—56th

ABSENT Crowe Katz Smith, J.D.—50th

Baudoin Damico Kenney Smith, J.R.—30th Total—1 Daniel LaFleur Sneed

The amendments proposed by the Senate were concurred in by the Devillier Landrieu StrainHouse. Diez LeBlanc Swilling

HOUSE BILL NO. 2072 (Substitute for House Bill No. 1709 byRepresentative Diez)—BY REPRESENTATIVE DIEZ

AN ACTTo enact Chapter 29 of Title 48 of the Louisiana Revised Statutes of

1950, to be comprised of R.S. 48:2061 through 2073, relative tothe Department of Transportation and Development; to create andprovide relative to the Louisiana Transportation Authority; toprovide for certain definitions; to provide relative to the purpose,powers, jurisdiction and duties of the authority; to establish a boardof directors; to provide relative to directors; to provide relative tobonds, tolls, and other revenue; to provide relative to certainprojects, acquisition of land, and utilities; to provide relative topublic records; to provide for the cessation of tolls; and to providefor related matters.

Read by title.



Amendments proposed by Senate Committee on Transportation,Highways, and Public Works to Reengrossed House Bill No. 2072 byRepresentative Diez

ROLL CALL

Curtis Kennard Smith, J.H.—8th

Dartez Lancaster Stelly

Donelon Lucas ThompsonDowner Martiny ToomyDurand McCallum TownsendErdey McDonald TricheFarrar McMains TuckerFaucheux McVea WalsworthFlavin Montgomery WelchFrith Morrell WinstonFruge Murray WootonFutrell Nevers WrightGallot Odinet Total—101

NAYS Total—0

ABSENT

Baudoin MorrishDoerge Waddell Total—4




On motion of Rep. Diez, the rules were suspended to reconsiderthe vote by which the Senate Amendments to House Bill No. 1777 wererejected on the same legislative day.


2822

Reconsideration

The following legislative instruments on reconsideration weretaken up and acted upon as follows:




Read by title.

On motion of Rep. Diez, the vote by which the SenateAmendments to the above House Bill were rejected was reconsidered.

HOUSE BILL NO. 1777— Cazayoux Jackson, M ShawBY REPRESENTATIVE DIEZ



Read by title.



Amendments proposed by Senate Committee on Commerce andConsumer Protection to Reengrossed House Bill No. 1777 byRepresentative Diez

AMENDMENT NO. 1


AMENDMENT NO. 2

On page 4, line 8, change "three" to "five"

AMENDMENT NO. 3


SENATE FLOOR AMENDMENTS To amend and reenact R.S. 27:65(B)(11) and to enact R.S. 27:239.1,

Amendments proposed by Senator Smith to Reengrossed House BillNo. 1777 by Representative Diez

AMENDMENT NO. 1

On page 3, line 21, after "fees" insert a period "." and delete theremainder of the line and line 22

Rep. Diez moved that the amendments proposed by the Senate beconcurred in.

ROLL CALL


YEAS

Mr. Speaker Glover PierreAlario Green PinacAlexander, E Guillory PitreAlexander, R Hammett PowellAnsardi Heaton PrattBaldone Hebert QuezaireBaylor Holden RichmondBowler Hopkins RiddleBroome Hudson RomeroBruce Hunter SalterBruneau Hutter ScaliseCarter, K Iles SchneiderCarter, R Jackson, L Schwegmann

Clarkson Johns Smith, G.—56thCrane Katz Smith, J.D.—50thCrowe Kennard Smith, J.H.—8thCurtis Kenney Smith, J.R.—30thDamico LaFleur SneedDaniel Lancaster StellyDartez Landrieu StrainDevillier LeBlanc SwillingDiez Lucas ThompsonDoerge Martiny ToomyDonelon McCallum TownsendDowner McDonald TricheDurand McMains TuckerErdey McVea WaddellFarrar Montgomery WalsworthFaucheux Morrell WelchFlavin Morrish WinstonFrith Murray WootonFruge Nevers WrightFutrell OdinetGallot Perkins Total—103

NAYS Total—0

ABSENT

Baudoin Hill Total—2


HOUSE BILL NO. 1042—BY REPRESENTATIVE WOOTON

AN ACT

relative to the Louisiana Gaming Control Law; to provide thatelectronic cards can be used for making wagers on riverboats andat the official gaming establishment; to provide with respect to thetype of electronic cards which may be used; and to provide forrelated matters.

Called from the calendar.

Read by title.


2823



Amendments proposed by Senate Committee on Judiciary B toReengrossed House Bill No. 1042 by Representative Wooton

AMENDMENT NO. 1

On page 1, line 2, after "239.1" and before the "," insert "and 361(F)"

AMENDMENT NO. 2

On page 1, line 9, after "27:239.1" delete "is" and insert "and 361(F)are"

AMENDMENT NO. 3

On page 1, at the end of line 17, after "chips," and before "or" insert"vouchers, coupons,"

AMENDMENT NO. 4

On page 2, line 3, delete "but are not limited to those" and insert "whichare"

AMENDMENT NO. 5

On page 2, line 9, after "chips," and before "or" insert "vouchers,coupons,"

AMENDMENT NO. 6

On page 2, line 11, delete "that" and at the end of the line delete"include but are not limited"

AMENDMENT NO. 7

On page 2, line 12, delete "to those" and insert "which are"

AMENDMENT NO. 8


"* * *

§361. Conduct of slot machine gaming; temporary conduct

* * *

(F) Wagering at an eligible live racing facility may be made withtokens, chips, vouchers, coupons, or electronic cards issued by thelicensed eligible facility or an approved facility manager acting on behalfof the facility. Electronic cards may be used which are affixed with amagnetic storage media, a "smart card" or those containing an integratedcircuit chip, but excluding credit cards issued by any other entity orinstitution."

Rep. Wooton moved that the amendments proposed by the Senatebe concurred in.

As a substitute motion, Rep. Perkins moved that the amendmentsproposed by the Senate be rejected.

Rep. Wooton objected.


ROLL CALL


YEAS

Alario Faucheux PerkinsAlexander, E Flavin PierreAlexander, R Frith PowellBaldone Fruge RiddleBowler Futrell SalterBroome Hebert ScaliseBruneau Hill SchneiderCarter, R Hopkins ShawCazayoux Johns Smith, J.H.—8thClarkson Kennard SneedCrane Kenney StellyCrowe Landrieu StrainDamico LeBlanc ThompsonDevillier Lucas ToomyDiez Martiny TuckerDonelon McCallum WaddellDowner McDonald WalsworthDurand McMains WinstonErdey Nevers WrightFarrar Odinet Total—59

NAYS

Mr. Speaker Heaton PinacAnsardi Holden PitreBaylor Hunter PrattBruce Hutter RichmondCarter, K Jackson, L RomeroCurtis Jackson, M SchwegmannDaniel LaFleur Smith, G.—56thDartez Lancaster Smith, J.D.—50thDoerge McVea SwillingGallot Montgomery TownsendGlover Morrell TricheGuillory Morrish WelchHammett Murray Wooton Total—39

ABSENT

Baudoin Iles Smith, J.R.—30thGreen KatzHudson Quezaire Total—7



House Bills and Joint ResolutionsReturned from the Senate with Amendments

Rep. Hammett asked for and obtained a suspension of the rules totake up at this time the following House Bills and Joint Resolutions justreturned from the Senate, with amendments to be concurred in by theHouse, with a view of acting on the same:

HOUSE BILL NO. 48—BY REPRESENTATIVE HAMMETT

AN ACTTo enact R.S. 56:116.3(G), relative to deer hunting; to authorize the use

of a dog to trail wounded or unrecovered deer; and to provide forrelated matters.

Read by title.


2824

The above bill was taken up with the amendments proposed by the The amendments proposed by the Senate were concurred in by theSenate. House.

SENATE FLOOR AMENDMENTS HOUSE BILL NO. 52—

Amendments proposed by Senator Barham to Engrossed House Bill No.48 by Representative Hammett

AMENDMENT NO. 1

On page 1, line 10, between "a" and "dog" insert "leashed"

AMENDMENT NO. 2

On page 1, line 14, between "a" and "dog" insert "leashed"

Rep. Hammett moved that the amendments proposed by theSenate be concurred in.

ROLL CALL


YEAS

Mr. Speaker Glover PerkinsAlario Green PinacAlexander, E Hammett PitreAlexander, R Heaton PowellAnsardi Hebert PrattBaldone Hill QuezaireBaylor Holden RichmondBowler Hopkins RiddleBroome Hudson RomeroBruce Hunter SalterBruneau Hutter ScaliseCarter, K Iles SchneiderCarter, R Jackson, L SchwegmannCazayoux Jackson, M ShawClarkson Johns Smith, G.—56thCrane Katz Smith, J.D.—50thCrowe Kennard Smith, J.H.—8thDamico Kenney Smith, J.R.—30thDaniel LaFleur SneedDartez Lancaster StellyDevillier Landrieu StrainDiez LeBlanc SwillingDoerge Lucas ThompsonDonelon Martiny ToomyDowner McCallum TownsendDurand McDonald TricheErdey McMains TuckerFarrar McVea WaddellFaucheux Montgomery WalsworthFlavin Morrell WelchFrith Morrish WinstonFruge Murray WootonFutrell Nevers WrightGallot Odinet Total—101

NAYS Total—0

ABSENT

Baudoin GuilloryCurtis Pierre Total—4

BY REPRESENTATIVES BOWLER AND SCALISEAN ACT

To amend and reenact R.S. 47:463.61, relative to motor vehicles; toprovide relative to the "Choose Life" prestige license plate; toprovide for the design and color of such plate; to provide relativeto the fee for such plate; to provide relative to the use of such fees;to repeal provisions relative to the Choose Life Advisory Council;to repeal provisions relative to the membership, terms, duties, andpay for members of such council; to repeal requirement thatqualified organizations submit annual audits; to prohibit qualifiedorganizations from disclosing certain information; and to providefor related matters.

Read by title.



Amendments proposed by Senator Bajoie to Reengrossed House BillNo. 52 by Representative Bowler

AMENDMENT NO. 1

On page 1, line 2, after "463.61" insert "and to enact R.S. 47:463.83"

AMENDMENT NO. 2

On page 1, line 3, after "relative to" delete "the "Choose Life"" andinsert "certain"

AMENDMENT NO. 3

On page 1, line 3, after "plate;" insert "to provide for the "Choose Life"prestige license plate; to provide for the "Choose Choice" prestigelicense plate;"

AMENDMENT NO. 4

On page 1, line 12, after "reenacted" insert "and R.S. 47:463.83 ishereby enacted"

AMENDMENT NO. 5


"* * *

§463.83. Special prestige license plates; Choose Choice; fund

A. The secretary of the Department of Public Safety andCorrections shall establish a special prestige license plate to be knownas the Choose Choice plate, provided there are a minimum of onehundred applicants for such plate. The license plate shall be restrictedto passenger cars, pickup trucks, vans, and recreational vehicles. Thedesign of such plate shall include a logo depicting a woman holding anAmerican flag and a Louisiana flag and shall bear the words "ChooseChoice", and shall comply with R.S. 47:463(A)(3).

B. The prestige license plate shall be issued, upon application, toany citizen of Louisiana in the same manner as any other motor vehiclelicense plate.


2825

C. The annual fee for this special prestige license plate shall be On page 2, line 2, change "one hundred" to "one thousand"twenty-five dollars, in addition to the regular motor vehicle license feeprovided in R.S. 47:463, to be distributed in the manner set forth in Rep. Bowler moved that the amendments proposed by the SenateSubsection E of this Section, and a three dollar and fifty cent handling be rejected.fee to be retained by the department to offset a portion of administrativecosts.

D. The department shall collect the fee for the prestige license The roll was called with the following result:plate and forward the fee to the state treasurer for immediate deposit inthe state treasury. YEAS

E.(1) After compliance with the requirements of Article VII, Alario Futrell OdinetSection 9(B) of the Constitution of Louisiana relative to the Bond Alexander, E Gallot PerkinsSecurity and Redemption Fund, an amount equal to the monies received Alexander, R Guillory Pierreby the state treasury pursuant to provisions of Subsection D of this Ansardi Hammett PitreSection shall be deposited into the Choose Choice Fund, which is Baldone Heaton Powellhereby created as a special fund in the state treasury and hereafter Baylor Hebert Riddlereferred to as the "fund". All unexpended and unencumbered monies Bowler Hill Romeroin the fund at the end of the fiscal year shall remain in the fund. Monies Broome Holden Salterin the fund shall be invested by the state treasurer in the same manner Bruce Hopkins Scaliseas monies in the state general fund, and interest earned on the Bruneau Hudson Schneiderinvestment of such monies shall be deposited into the fund. Monies in Carter, R Hutter Shawthe fund shall be withdrawn only pursuant to an appropriation by the Cazayoux Jackson, M Smith, G.—56thlegislature solely for the purposes provided by this Section. Clarkson Johns Smith, J.D.—50th

(2) An organization wishing to qualify for receipt of funds shall Crowe Kennard Smith, J.R.—30thsubmit an affidavit affirming its qualifications, which shall include a Curtis Kenney Sneedpledge to spend the money in accordance with the provisions of this Damico LaFleur StellySection, to the treasurer and shall qualify as tax exempt under Section Dartez Lancaster Thompson501(c)(3) of the Internal Revenue Code of 1954, as amended. Devillier Landrieu ToomyFurthermore, an organization wishing to qualify for receipt of funds Diez LeBlanc Townsendshall demonstrate it provides counseling and other services intended to Donelon Lucas Trichemeet the needs of pregnant women. Downer Martiny Tucker

(3) Organizations receiving monies under this Section shall use Erdey McDonald Walsworthsuch funds to provide for the material needs of pregnant women, Farrar McMains Welchincluding but not limited to providing clothing, housing, medical care, Faucheux McVea Winstonfood, utilities, and transportation. The remaining funds may be used for Flavin Montgomery Wootonfamily planning counseling, job training, and other related matters. Frith Morrish Wright

F. The state treasurer shall annually disburse from the fund an Total—86equal amount to each of the qualifying organizations and shall make NAYSavailable, upon request, the name and the amount of monies disbursedto each organization. However, no organization receiving funds Carter, K Morrell Schwegmannaccording to the provisions of this Section shall be required to disclose Daniel Murray Swillingthe name of any individual receiving money from such organization. Hunter PrattThe state treasurer shall review the distribution and expenditure of funds Jackson, L Richmondunder this Section at least once every three years to ensure funds are Total—10disbursed and expended in accordance with the provisions of this ABSENTSection.

G. The secretary may establish rules and regulations to implement Baudoin Green Quezairethe provisions of this Section, including but not limited to rules and Doerge Iles Strainregulations governing the collection and disbursement of fees, the Total—9transfer and disposition of such license plates, the colors available, andthe design criteria." The amendments proposed by the Senate were rejected.


Amendments proposed by Senator Fontenot to Reengrossed House BillNo. 52 by Representative Bowler

AMENDMENT NO. 1

In Senate Floor Amendment No. 5 proposed by Senator Bajoie andadopted by the Senate on June 15, 2001 page 1, line 19 and 20, change"one hundred" to "one thousand"

AMENDMENT NO. 2

ROLL CALL

Crane Katz Smith, J.H.—8th

Durand McCallum Waddell

Fruge Nevers

Mr. Speaker Glover Pinac


HOUSE BILL NO. 243 —BY REPRESENTATIVES SCALISE AND SWILLING

AN ACTTo amend and reenact R.S. 51:293, relative to the Louisiana

Superdome; to authorize the transfer of the right to designate anduse an alternative name and trademarks for the LouisianaSuperdome; to require approval of the Joint Legislative Committeeon the Budget relative to certain transactions; to require certainconditions in any agreement to transfer the right to designate and


2826

use an alternative name and trademarks for the LouisianaSuperdome; and to provide for related matters.

Read by title.



Amendments proposed by Senate Committee on Commerce andConsumer Protection to Engrossed House Bill No. 243 byRepresentative Scalise

AMENDMENT NO. 1

On page 1, delete line 2 in its entirety and insert:

"To provide with respect to certain facilities constructed by theLouisiana Stadium and Exposition District; to"

AMENDMENT NO. 2

On page 1, line 4, change "the Louisiana Superdome" to "certainfacilities"

AMENDMENT NO. 3

On page 1, line 8, "the Louisiana Superdome" to "certain facilities"

AMENDMENT NO. 4

On page 1, delete lines 10 through 17 in their entirety and on page 2,delete lines 1 through 20 in their entirety and insert:

"Section 1. A. The Louisiana Stadium and Exposition District isauthorized to sell or transfer the right to designate and use an alternativename for the baseball stadium located in the parish of Jefferson, nowcommonly known as Zephyr Field or Stadium, and to the arena ormultipurpose facility, now commonly known as the New OrleansArena, subject to the approval of the Joint Legislative Committee on theBudget.

B. Any transaction providing for the disposition of any proceedsfrom the sale or transfer of such rights to any entity other than the stateof Louisiana shall require approval of the Joint Legislative Committeeon the Budget. However, any proceeds obtained by the district fromsuch a sale or transfer of rights shall be used by the district exclusivelyfor the purposes of the facility for which the naming rights were sold ortransferred."


Amendments proposed by Senator Bajoie to Engrossed House Bill No.243 by Representative Scalise

AMENDMENT NO. 1

In Senate Committee Amendment No. 4 proposed by the SenateCommittee on Commerce and Consumer Protection and adopted by theSenate on June 7, 2001, on line 16, after "Stadium," delete theremainder of the line and on line 17, delete "now commonly known asthe New Orleans Arena,"

Rep. Scalise moved that the amendments proposed by the Senatebe concurred in.

ROLL CALL


YEAS

Mr. Speaker Gallot PerkinsAlario Glover PierreAlexander, E Green PinacAlexander, R Guillory PitreAnsardi Hammett PowellBaldone Heaton PrattBaylor Hebert QuezaireBowler Hill RichmondBroome Holden RiddleBruce Hudson RomeroBruneau Hunter SalterCarter, K Hutter ScaliseCarter, R Iles SchwegmannCazayoux Jackson, L ShawClarkson Jackson, M Smith, G.—56thCrane Johns Smith, J.D.—50thCrowe Katz Smith, J.R.—30thCurtis Kennard SneedDamico Kenney StellyDaniel LaFleur StrainDartez Lancaster SwillingDevillier Landrieu ThompsonDiez LeBlanc ToomyDoerge Lucas TownsendDonelon Martiny TricheDowner McCallum TuckerErdey McDonald WalsworthFarrar McMains WelchFaucheux McVea WinstonFlavin Morrell WootonFrith Morrish WrightFruge MurrayFutrell Odinet Total—97

NAYS

Hopkins Schneider WaddellNevers Smith, J.H.—8th Total—5

ABSENT

Baudoin Durand Montgomery Total—3


HOUSE BILL NO. 271—BY REPRESENTATIVE LANCASTER

AN ACTTo amend and reenact R.S. 24:53(I), relative to the annual lobbyist

registration fee; to provide for an annual lobbyist registration fee;to remove the fee for filing supplemental registration forms; andto provide for related matters.

Read by title.



Amendments proposed by Senate Committee on Senate andGovernmental Affairs to Engrossed House Bill No. 271 byRepresentative Lancaster


2827

AMENDMENT NO. 1 The above bill was taken up with the amendments proposed by the

On page 1, line 12 after "hundred" insert "ten"

Rep. Bruneau moved that the amendments proposed by the Senatebe concurred in. Amendments proposed by Senate Committee on Judiciary C to

ROLL CALL


YEAS

Mr. Speaker Gallot PerkinsAlario Green Pierre On page 1, line 7, after "R.S. 16:51(A)(12)," add "(19),"Alexander, E Guillory PinacAlexander, R Hammett Pitre AMENDMENT NO. 3Ansardi Heaton PowellBaldone Hebert Pratt On page 2, between lines 3 and 4, add the following:Baylor Hill QuezaireBowler Holden Richmond "(19) In the Nineteenth Judicial District, forty-four forty - sevenBroome Hudson Riddle assistant district attorneys;Bruce Hunter RomeroBruneau Hutter Salter * * *"Carter, K Iles ScaliseCarter, R Jackson, L SchneiderCazayoux Jackson, M SchwegmannClarkson Johns Shaw Amendments proposed by Senator Lentini to Engrossed House Bill No.Crane Katz Smith, G.—56th 390 by Representative Toomy Crowe Kennard Smith, J.D.—50thCurtis Kenney Smith, J.H.—8th AMENDMENT NO. 1Damico LaFleur Smith, J.R.—30thDaniel Lancaster Sneed Delete Amendment No. 3 proposed by the Senate Committee onDartez Landrieu Stelly Judiciary C and adopted on May 23, 2001Devillier LeBlanc StrainDiez Lucas Swilling AMENDMENT NO. 2Doerge Martiny ThompsonDonelon McCallum Toomy On page 2, between lines 3 and 4, add the following:Downer McDonald TownsendDurand McMains Triche "(19) In the Nineteenth Judicial District, forty-four forty-sixErdey McVea Tucker assistant district attorneys;Farrar Montgomery WaddellFaucheux Morrell Walsworth * * *"Flavin Morrish WelchFrith Murray Winston Rep. Toomy moved that the amendments proposed by the SenateFruge Nevers Wooton be concurred in.Futrell Odinet Wright Total—102 As a substitute motion, Rep. Downer moved that the amendments

NAYS proposed by the Senate be rejected. Total—0 Rep. Toomy objected.

ABSENT

Baudoin Glover Hopkins Total—3

The amendments proposed by the Senate, having received a two- The roll was called with the following result:thirds vote of the elected members, were concurred in by the House.

HOUSE BILL NO. 390—BY REPRESENTATIVES TOOMY AND DEVILLIER AND SENATORCRAVINS

AN ACTTo amend and reenact R.S. 16:51(A)(12), (22), (31), and (34), relative

to assistant district attorneys; to provide for additional assistantdistrict attorneys for certain judicial districts; and to provide forrelated matters.

Read by title.

Senate.


Engrossed House Bill No. 390 by Representative Toomy

AMENDMENT NO. 1

On page 1, line 2, after "R.S. 16:51(A)(12)," add "(19),"

AMENDMENT NO. 2



ROLL CALL

YEAS

Mr. Speaker Glover PierreAlario Green PitreAlexander, E Guillory PowellAlexander, R Hammett PrattAnsardi Hebert QuezaireBaldone Hopkins RichmondBaylor Hudson SalterBowler Hunter ScaliseBruce Hutter Shaw


2828

Bruneau Iles Smith, G.—56thCarter, R Jackson, L Smith, J.D.—50thCrane Johns Smith, J.H.—8th Conforming Amendments proposed by Senator Schedler toCrowe Katz Smith, J.R.—30th Reengrossed House Bill No. 507 by Representative Daniel, et al.Curtis Kennard Sneed (Duplicate of Senate Bill No. 121)Damico Kenney StellyDartez LaFleur Strain AMENDMENT NO. 1Diez Lancaster SwillingDoerge Landrieu Townsend On page 1, line 2, change "amend" to "add" and change "10(F)" toDonelon LeBlanc Triche "(10)(K)"Downer Lucas WaddellDurand McDonald Walsworth AMENDMENT NO. 2Farrar Montgomery WelchFaucheux Morrell Winston On page 1, delete lines 4 through 15, and insert in lieu thereof theFlavin Morrish Wooton following:Frith Murray WrightFutrell Nevers "reduction of certain mandatory expenditures, appropriations, andGallot Perkins allocations from the state general fund and dedicated funds under Total—79 certain circumstances; to authorize limited redirection of funds

NAYS supporting appropriations or allocations from the state general fund and

Broome Holden Riddle for other nonmandatory uses under certain circumstances; to authorizeCarter, K Jackson, M Romero the legislature to provide for"Cazayoux Martiny SchneiderClarkson McCallum Schwegmann AMENDMENT NO. 3Daniel McMains ThompsonDevillier McVea Toomy On page 2, line 4, change "amend" to "add" and change "10(F)" toErdey Odinet Tucker "(10)(K)"Heaton Pinac Total—23 AMENDMENT NO. 4

ABSENT

Baudoin Fruge Hill thereof the following: Total—3

The amendments proposed by the Senate were rejected. provision of this constitution to the contrary, if a deficit is projected

Conference committee appointment pending. the beginning of a fiscal year, and general fund appropriations and

HOUSE BILL NO. 507—BY REPRESENTATIVES DANIEL, MORRISH, STRAIN, FAUCHEUX,HEBERT, HUDSON, LEBLANC, SCALISE, JACK SMITH, STELLY,WINSTON, AND SWILLING

A JOINT RESOLUTIONProposing to amend Article VII, Section 10(F) of the Constitution of

Louisiana, relative to the expenditure of state funds; to authorizethe legislature to provide for procedures for determination ofdeficits and associated budget adjustments; to authorizeintroduction and consideration of such law in any regular sessionof the legislature; to authorize the adjustment of budgets for certainmandatory or protected expenditures, appropriations, andallocations from the state general fund and dedicated funds undercertain circumstances; to authorize the limited transfer of moniesfrom one fund to another under certain circumstances; to authorizelimited redirection and transfer of funds supporting appropriationsor allocations from the state general fund and dedicated funds,including those constitutionally protected or mandated, to be usedfor other nonmandatory purposes under certain circumstances; toauthorize the legislature to provide for implementation; to providefor submission of the proposed amendment to the electors; and toprovide for related matters.

Read by title.



dedicated funds, including those constitutionally protected or mandated,

On page 2, delete lines 8 through 26 in their entirety and insert in lieu

"(K) Reductions in Appropriations. (1) Notwithstanding any other

pursuant to the procedure required by Paragraph (F) of this Section after

allocations not mandated by this constitution have been reduced by onepercent, then the governor may reduce any appropriation or allocationfrom the state general fund and dedicated funds, including any that areotherwise constitutionally protected or mandated, by the lesser of fivepercent or the projected deficit that remains after state general fundappropriations and allocations not mandated by this constitution havebeen reduced by one percent. For the purposes of this Subparagraph,reductions to expenditures required by Article VIII, Section 13(B) ofthis constitution shall not exceed one percent, and such reductions shallnot be applicable to instructional activities. Reductions made by thegovernor pursuant to this Paragraph must be approved by the legislaturein a manner provided by law.

(2) Notwithstanding any other provision of this constitution to thecontrary, if the official forecast for the next fiscal year is at least onepercent less than the official forecast in the current fiscal year, anamount not to exceed five percent of each appropriation, allocation, orfund mandated or protected by this constitution shall become availablefor the budget estimate and appropriation by the legislature for anypurpose not prohibited by this constitution. For purposes of thisParagraph, a maximum of one percent of appropriations forexpenditures required by Article VIII, Section 13 (B) of this constitutionshall be available for other purposes in the next fiscal year and noreduction shall be made in appropriations for instructional activities.

(3) The legislature may provide by law for the implementation ofthe provisions of this Paragraph."

AMENDMENT NO. 5 On page 3, delete lines 1 through 26.


2829

AMENDMENT NO. 6

On page 4, delete lines 1 through 16. Amendments proposed by Senator Mount to Reengrossed House Bill

AMENDMENT NO. 7

On page 4, line 17, delete "Subparagraphs (1) and (2) of"

AMENDMENT NO. 8 "included within the meaning of instruction pursuant to the Minimum

On page 5, line 9, change "statewide" to "congressional"

AMENDMENT NO. 9 be concurred in.

On page 5, delete lines 15 through 26 and insert in lieu thereof thefollowing:

"To authorize the governor to reduce appropriations or allocations fromthe state general fund and dedicated funds up to five percent if, after the YEASbeginning of a fiscal year appropriations for the fiscal year exceed theofficial revenue forecast for that year and if aggregate reductions of one Mr. Speaker Glover Odinetpercent from the state general fund have been made; to limit such Alario Green Perkinsreductions of the Minimum Foundation Program to one percent; to Alexander, E Guillory Pierreauthorize the legislature to make up to five percent of the monies Alexander, R Hammett Pinacappropriated or allocated for mandatory expenditures available for other, Ansardi Heaton Pitrenonmandatory expenditures if the official revenue forecast for the next Baldone Hebert Powellfiscal year is at least one percent less than the forecast for the current Baylor Hill Prattfiscal year, and to limit such reductions of the Minimum Foundation Bowler Holden QuezaireProgram to one percent; to exempt the revenues dedicated or pledged Broome Hopkins Richmondas security for bonds, the severance tax and royalty allocations to Bruce Hudson Riddleparishes, retirement contributions, the Louisiana Education Quality Bruneau Hunter RomeroTrust Fund, the Millennium Trust, except for appropriations from the Carter, K Hutter Saltertrust, and monies not required to be deposited in the treasury, from these Carter, R Iles Scaliseprovisions; and to authorize the legislature to provide for the" Cazayoux Jackson, L Schneider

AMENDMENT NO. 10 Crane Johns Shaw

On page 6, delete lines 1 through 16. Damico Kennard Smith, J.D.—50th

AMENDMENT NO. 11 Dartez LaFleur Smith, J.R.—30th

On page 6, line 17, change "Amends" to "Adds" Diez Landrieu Stelly

AMENDMENT NO. 12 Donelon Lucas Swilling

On page 6, line 18, change "10(F)" to "10(K)" Durand McCallum Toomy


Amendments proposed by Senator Schedler to Reengrossed House Bill Flavin Montgomery WaddellNo. 507 by Representative Daniel Frith Morrell Walsworth

AMENDMENT NO. 1 Futrell Murray Winston

Delete Senate Floor Amendments Nos. 1 through 12 proposed by Total—102Senator Schedler and adopted by the Senate on May 3, 2001 NAYS


On page 2, line 20, after "(2)(a)" delete "Adjustments" and insert"Notwithstanding any other provision of this constitution to the Baudoin Curtis Wootoncontrary, adjustments" Total—3


No. 507 by Representative Daniel

AMENDMENT NO. 1

On page 3, line 4, after "activities" and before the period "." insert

Foundation Program formula"

Rep. Daniel moved that the amendments proposed by the Senate

ROLL CALL


Clarkson Jackson, M Schwegmann

Crowe Katz Smith, G.—56th

Daniel Kenney Smith, J.H.—8th

Devillier Lancaster Sneed

Doerge LeBlanc Strain

Downer Martiny Thompson

Erdey McDonald TownsendFarrar McMains TricheFaucheux McVea Tucker

Fruge Morrish Welch

Gallot Nevers Wright

ABSENT

The amendments proposed by the Senate, having received a two-thirds vote of the elected members, were concurred in by the House.


2830


A JOINT RESOLUTIONProposing to amend Article VII, Section 14(B) of the Constitution of

Louisiana, to authorize the investment in stocks of certain funds ofinstitutions of higher education or their management boards; toprovide for submission of the proposed amendment to the electors;and to provide for related matters.

Read by title.



Amendments proposed by Senator Dardenne to Reengrossed House Bill compensation; to provide penalties for the wrongfulNo. 508 by Representative Daniel discontinuance of workers' compensation payments; and to provide

AMENDMENT NO. 1

On page 3, line 20 after "exceed" change "sixty-five" to "thirty-five"

Rep. Daniel moved that the amendments proposed by the Senate Senate.be rejected.

ROLL CALL

The roll was called with the following result: No. 597 by Representative Bowler

YEAS AMENDMENT NO. 1

Mr. Speaker Glover Perkins On page 1, line 13, after "claims" insert the following:Alario Green PierreAlexander, E Guillory Pinac ", provided that the employee gives a written notice of his intent toAlexander, R Hammett Pitre pursue collection of payment of such claims to his employer, with aAnsardi Heaton Pratt copy to the Workers' Compensation Corporation, within thirty days ofBaldone Hebert Quezaire the discontinuance of payments"Baylor Hill RichmondBowler Holden Riddle Rep. Bowler moved that the amendments proposed by the SenateBroome Hopkins Romero be rejected.Bruce Hudson SalterBruneau Hunter ScaliseCarter, K Hutter SchneiderCarter, R Iles Schwegmann The roll was called with the following result:Cazayoux Jackson, L ShawClarkson Jackson, M Smith, G.—56th YEASCrane Johns Smith, J.D.—50thCrowe Katz Smith, J.H.—8th Mr. Speaker Gallot OdinetCurtis Kennard Smith, J.R.—30th Alario Green PerkinsDamico Kenney Sneed Alexander, E Guillory PierreDaniel LaFleur Stelly Alexander, R Hammett PinacDartez Lancaster Strain Ansardi Heaton PitreDevillier Landrieu Swilling Baldone Hebert PowellDiez LeBlanc Thompson Baylor Hill QuezaireDoerge Lucas Toomy Bowler Holden RichmondDonelon Martiny Townsend Broome Hopkins RiddleDowner McCallum Triche Bruce Hudson RomeroDurand McDonald Tucker Bruneau Hunter SalterErdey McMains Waddell Carter, K Hutter ScaliseFarrar McVea Walsworth Carter, R Iles SchneiderFaucheux Montgomery Welch Cazayoux Jackson, L SchwegmannFlavin Morrell Winston Clarkson Jackson, M ShawFrith Morrish Wooton Crane Johns Smith, G.—56thFruge Murray Wright Crowe Katz Smith, J.D.—50thFutrell Nevers Curtis Kennard Smith, J.H.—8thGallot Odinet Damico Kenney Smith, J.R.—30th Total—103 Daniel LaFleur Sneed

NAYS Total—0

ABSENT

Baudoin Powell Total—2



HOUSE BILL NO. 597—BY REPRESENTATIVE BOWLER

AN ACTTo amend and reenact R.S. 23:1201.2, relative to workers'

for related matters.

Read by title.



Amendments proposed by Senator B. Jones to Engrossed House Bill

ROLL CALL



2831

Devillier Landrieu Strain Bruneau Hunter ScaliseDiez LeBlanc Thompson Carter, K Hutter SchneiderDoerge Lucas Toomy Carter, R Iles SchwegmannDonelon Martiny Townsend Cazayoux Jackson, L ShawDowner McCallum Triche Clarkson Jackson, M Smith, G.—56thDurand McDonald Waddell Crane Johns Smith, J.D.—50thErdey McMains Walsworth Crowe Katz Smith, J.H.—8thFarrar McVea Welch Curtis Kennard Smith, J.R.—30thFaucheux Montgomery Winston Damico Kenney SneedFlavin Morrell Wooton Daniel LaFleur StellyFrith Morrish Wright Dartez Lancaster StrainFruge Murray Devillier Landrieu SwillingFutrell Nevers Diez Lucas Thompson Total—100 Doerge Martiny Toomy

NAYS Donelon McCallum Townsend Downer McDonald Triche Total—0 Durand McMains Tucker

ABSENT Erdey McVea Waddell

Baudoin Pratt Tucker Faucheux Morrish WelchGlover Swilling Flavin Murray Winston Total—5 Frith Nevers Wooton

The amendments proposed by the Senate were rejected. Futrell Perkins

Conference committee appointment pending. NAYS

HOUSE BILL NO. 975—BY REPRESENTATIVE MCMAINS

AN ACTTo amend and reenact R.S. 39:1798.5, relative to the Office Facilities

Corporation; to authorize the corporation to assert certain defensesto claims in tort or workers' compensation against the corporation;and to provide for related matters.

Read by title.



Amendments proposed by Senate Committee on Labor and Industrial 1950, to be comprised of R.S. 9:5633, relative to the acquisitionRelations to Reengrossed House Bill No. 975 by Representative of blighted property; to provide for applicability; to provide for theMcMains ownership of an immovable which has been declared blighted; to

AMENDMENT NO. 1 provide for acquisitive prescription of three years under certain

On page 2, line 5, change "in" to "of" acquiring blighted property; to provide for security interests; to

Rep. McMains moved that the amendments proposed by the matters.Senate be concurred in.

ROLL CALL

The roll was called with the following result: Senate.

YEAS

Mr. Speaker Gallot Pierre Amendments proposed by Senate Committee on Judiciary A toAlario Green Pinac Reengrossed House Bill No. 1049 by Representative Murray Alexander, E Guillory PitreAlexander, R Hammett Powell AMENDMENT NO. 1Ansardi Heaton PrattBaldone Hebert Quezaire On page 5, line 9, after "assessor" and before "and" insert the following:Baylor Hill RichmondBowler Holden Riddle ", to the addresses of owners of immovable property having commonBroome Hopkins Romero boundaries with the immovable shown on the tax rolls of the assessor"Bruce Hudson Salter

Farrar Montgomery Walsworth

Fruge Odinet Wright

Total—101

Morrell Total—1

ABSENT

Baudoin Glover LeBlanc Total—3


HOUSE BILL NO. 1049—BY REPRESENTATIVES MURRAY, CLARKSON, PRATT, AND SWILLING

AN ACTTo enact Subpart B-1 of Part I of Chapter 1 of Code Title XXIV of

Code Book III of Title 9 of the Louisiana Revised Statutes of

provide for the improvement of the property by the possessor; to

circumstances; to provide certain requisites and procedures for

provide for certain causes of action, and to provide for related

Read by title.




2832

AMENDMENT NO. 2 AMENDMENT NO. 9

On page 5, between lines 18 and 19 insert the following: On page 6, line 25, change "(8)" to "(9)"

"(5) An owner of immovable property having common boundaries AMENDMENT NO. 10with the immovable shall have a first right of possession to suchimmovable. In the event more than one owner of immovable property On page 6, line 26, change "(A)(7)" to (A)(8)"having common boundaries with the immovable files the judgment,certificate or proof and affidavit as described in Paragraph (A)(2) of this AMENDMENT NO. 11Section, the owner of property having common boundaries who firstfiles the judgment, certificate or proof and affidavit as described in On page 7, line 6, change "(9)" to "(10)"Paragraph (A)(2) of this Section shall secure the first right to assertpossession of the immovable. An owner of immovable property having AMENDMENT NO. 12common boundaries with the immovable may, within the earlier ofthirty days of receipt or forty-five days of mailing of the notice required On page 7, line 7, change "(A)(7)" to "(A)(8)"by Paragraph (A)(3) of this Section, file the judgment, certificate orproof and affidavit as described in Paragraph (A)(2) of this Section, AMENDMENT NO. 13fulfill all requirements of Paragraphs (A)(3) and (4) and notify theintended possessor of his own intent to possess the immovable in On page 7, line 12, change "(10)" to "(11)"writing by certified mail, return receipt requested. The owner ofimmovable property having common boundaries with the immovable AMENDMENT NO. 14shall adhere to the time restraints of the provisions of this Section, andthe original intended possessor's time limits shall be suspended during On page 7, line 14, change "(11)" to "(12)"the time the owner of immovable property having common boundarieswith the immovable is attempting to assert possession. If the owner of AMENDMENT NO. 15immovable property having common boundaries with the immovabledoes not comply with the provisions of this Section, then the original On page 10 after line 12, insert the following:party who filed the judgment, certificate or proof and affidavit asdescribed in Paragraph (A)(2) of this Section shall exclusively have "Section 2. If any provision or item of this Act, or the applicationthirty days from the failure of the owner of immovable property having thereof, is held invalid, such invalidity shall not affect other provisions,common boundaries with the immovable to comply to reassert his items, or applications of this Act which can be given effect without theintention to possess the immovable by complying with all provisions of invalid provision, item, or application."this Section, except that notice to the owners of property havingcommon boundaries with the immovable property shall not be againrequired. After this exclusive thirty-day period has elapsed, anyinterested party may avail themselves of the provisions of this Section." Amendments proposed by Legislative Bureau to Reengrossed House

AMENDMENT NO. 3

On page 5, line 19, change "(5)" to "(6)"

AMENDMENT NO. 4 public nuisance" to "it"

On page 6, line 3, change "(6)" to "(7)" AMENDMENT NO. 2

AMENDMENT NO. 5 On page 8, line 16, following "(2)" and before "a" change "By reason

On page 6, line 5, change "(A)(5)" to "(A)(6)"

AMENDMENT NO. 6

On page 6, line 7, change "(7)" to "(8)" public nuisance" to "it"

AMENDMENT NO. 7 Rep. Murray moved that the amendments proposed by the Senate

On page 6, line 18, change "(A)(7)(a)" to "(A)(8)(a)"

AMENDMENT NO. 8

On page 6, line 19, change "(A)(5)" to "(A)(6)"


Bill No. 1049 by Representative Murray

AMENDMENT NO. 1

On page 8, line 13, following "unsanitary," and before "is" change "the

of being" to "It is"

AMENDMENT NO. 3

On page 8, line 18, following "vacancy," and before "and" change "the

be concurred in.

ROLL CALL


YEAS

Mr. Speaker Gallot NeversAlario Green OdinetAlexander, E Guillory PierreAlexander, R Heaton PinacAnsardi Hebert PitreBaldone Hill PowellBaylor Holden Pratt


2833

Broome Hopkins Quezaire AMENDMENT NO. 3Bruce Hudson RichmondBruneau Hunter Riddle On page 1, line 14 delete "within" and line 15 in their entirety, in lieuCarter, K Iles Salter of insert "on or before the next regular payday or no later than fifteenCarter, R Jackson, L Schwegmann days following the date of discharge, whichever occurs first."Cazayoux Jackson, M ShawClarkson Johns Smith, G.—56th AMENDMENT NO. 4Crane Katz Smith, J.D.—50thCurtis Kennard Smith, J.H.—8th On page 1, after line 16, insert the following:Damico Kenney Smith, J.R.—30thDaniel LaFleur Sneed "C. With respect to interstate common carriers by rail, a legalDartez Lancaster Stelly holiday shall not be considered in computing the three fifteen dayDevillier Landrieu Strain period provided for in Subsection A of this Section. Diez LeBlanc SwillingDoerge Lucas Thompson * * *"Donelon Martiny ToomyDowner McCallum Townsend Rep. Stelly moved that the amendments proposed by the Senate beDurand McDonald Triche concurred in.Farrar McMains TuckerFaucheux McVea WaddellFlavin Montgomery WalsworthFrith Morrell Welch The roll was called with the following result:Fruge Morrish WootonFutrell Murray Wright YEAS Total—93

NAYS Mr. Speaker Green Perkins

Bowler Perkins Alexander, E Hammett PinacErdey Schneider Ansardi Heaton Pitre Total—4 Baldone Hebert Powell

ABSENT Baylor Hill Pratt

Baudoin Hammett Scalise Broome Hopkins RichmondCrowe Hutter Winston Bruce Hudson RiddleGlover Romero Bruneau Hunter Romero Total—8 Carter, K Hutter Salter

The amendments proposed by the Senate were concurred in by the Clarkson Jackson, L SchneiderHouse. Crane Jackson, M Schwegmann

HOUSE BILL NO. 1295—BY REPRESENTATIVE STELLY

AN ACTTo amend and reenact R.S. 23:631(A)(1)(a), relative to discharged

employees; to extend the time period within which a dischargedemployee must be compensated; and to provide for related matters.

Read by title.



Amendments proposed by Senate Committee on Labor and IndustrialRelations to Engrossed House Bill No. 1295 by Representative StellyAMENDMENT NO. 1

On page 1, line 2, after "R.S. 23:631(A)(1)(a)" insert "and (C)"

AMENDMENT NO. 2

On page 1, line 6, after "R.S. 23:631(A)(1)(a)" delete "is" and insert"and (C) are"

ROLL CALL

Alario Guillory Pierre

Bowler Holden Quezaire

Cazayoux Iles Scalise

Crowe Johns ShawCurtis Katz Smith, G.—56thDamico Kennard Smith, J.D.—50thDaniel Kenney Smith, J.H.—8thDartez LaFleur Smith, J.R.—30thDevillier Lancaster SneedDiez Landrieu StellyDoerge LeBlanc StrainDonelon Lucas SwillingDowner Martiny ThompsonDurand McCallum ToomyErdey McDonald TownsendFarrar McMains TricheFaucheux McVea TuckerFlavin Montgomery WaddellFrith Morrell WalsworthFruge Morrish WelchFutrell Murray WinstonGallot Nevers WootonGlover Odinet Wright Total—102

NAYS Total—0

ABSENT

Alexander, R Baudoin Carter, R Total—3


2834

The amendments proposed by the Senate were concurred in by the AMENDMENT NO. 2House.

HOUSE BILL NO. 1339—BY REPRESENTATIVES SCHNEIDER AND THOMPSON AND SENATORBOISSIERE

AN ACTTo amend and reenact R.S. 11:701(19), 762(B)(1) and (D)(1), 788(B),

and 883.1(C)(1)(a), (2), and (4) and to enact R.S.11:883.1(C)(5)(a) and (b) and (F), relative to the Teachers'Retirement System; to provide with respect to the DeferredRetirement Option Plan and lump sum distributions made from theDeferred Retirement Option Account; to provide with respect toredeposit of monies into the system's fund; to provide with respectto the definition of "minor child"; to provide with respect topayment of survivor benefits; to provide with respect to theemployee experience account, including but not limited toauthorizing the use of funds held in that account for certaindesignated purposes; to provide with respect to cost-of-livingadjustments; to provide an effective date; and to provide for relatedmatters.

Read by title.



Amendments proposed by Senate Committee on Retirement toReengrossed House Bill No. 1339 by Representative Schneider, et al.

AMENDMENT NO. 1

On page 7, between lines 16 through 17, insert the following:

"Section 2. R.S. 11:788(B)(2) and (3) as enacted by this Act shallbe implemented only upon a ruling by the federal Internal RevenueService stating that those provisions will not cause a loss of theTeachers' Retirement System's tax qualified status."

AMENDMENT NO. 2

On page 7, line 17, change "Section 2." to "Section 3."; on line 22change "'Section 3." to "Section 4." and on line 23, change "Section 4."to "Section 5."


Amendments proposed by Legislative Bureau to Reengrossed HouseBill No. 1339 by Representative Schneider

AMENDMENT NO. 1

On page 2, line 2, following "(4)" and before "are" delete "and (F)"

AMENDMENT NO. 2

On page 2, line 3, following "(b)" and before "are" insert "and (F)"


Amendments proposed by Senator Hollis to Reengrossed House BillNo. 1339 by Representative Schneider

AMENDMENT NO. 1

On page 7, at the beginning of line 17, delete "Section 2." and insert"Section 2-A."


"B. Accountability Provisions. (1) The legislature does herebyacknowledge that the primary legislative intent in the passage of the Actwhich originated as House Bill No. 1339 of the 2001 Regular Sessionof the Legislature is that the actuarial costs of implementing the Actshall be funded solely from funds contained in the "employeeexperience account" of the Teachers' Retirement System and that nostate general funds or local funds shall be used for funding the actuarialcosts of implementing the Act.

(2) In furtherance of the legislative intent as expressed in thisSection, the Public Retirement Systems' Actuarial Committee shallreport on an annual basis all of the following information with regard toimplementing the Act which originated as House Bill No. 1339 of the2001 Regular Session of the Legislature:

(a) Whether all funds that are being used to fund the Act are beingdebited from the employee experience account.

(b)(i) Whether the employer contribution rate which is set forth inthe actuarial valuation for the Teachers' Retirement System, as thevaluation is being considered for each upcoming plan year, contains anystate general funds or local funds that are being used for the purpose offunding the Act.

(ii) If any state general funds or local funds are being used to fundthe Act, then the report shall set forth, as a separate line item, the totalamount of such funds being used for that purpose.

(c) Whether it is reasonably foreseeable that state general funds orlocal funds will be necessary to fund the Act as stated annually butapplicable to rolling five-year increments."


Amendments proposed by Senator Boissiere to Reengrossed House BillNo. 1339 by Representative Schneider, et al.

AMENDMENT NO. 1

On page 7, line 16, at the beginning of the line, change "sixty" to"seventy"

AMENDMENT NO. 2

On page 7, at the end of line 16, insert the following: "This limit ofseventy thousand dollars shall be increased each year by any increase inthe Consumer Price Index for the preceding year."

Rep. Schneider moved that the amendments proposed by theSenate be rejected.

ROLL CALL


YEAS

Mr. Speaker Glover PerkinsAlario Green PierreAlexander, E Guillory PinacAlexander, R Hammett PitreAnsardi Heaton PowellBaldone Hebert PrattBaylor Hill QuezaireBowler Holden Richmond


2835

Broome Hopkins Riddle The above bill was taken up with the amendments proposed by theBruce Hudson Romero Senate.Bruneau Hunter SalterCarter, K Hutter ScaliseCarter, R Iles SchneiderCazayoux Jackson, L Schwegmann Amendments proposed by Senate Committee on Retirement toClarkson Jackson, M Shaw Reengrossed House Bill No. 1343 by Representatives Schneider Crane Johns Smith, G.—56thCrowe Katz Smith, J.D.—50thCurtis Kennard Smith, J.H.—8thDamico Kenney Smith, J.R.—30thDaniel LaFleur SneedDartez Lancaster StellyDevillier Landrieu StrainDiez LeBlanc SwillingDoerge Lucas ThompsonDonelon Martiny ToomyDowner McCallum TownsendDurand McDonald TricheErdey McMains TuckerFarrar McVea WaddellFaucheux Montgomery WalsworthFlavin Morrell WelchFrith Morrish WinstonFruge Murray WootonFutrell Nevers WrightGallot Odinet Total—104

NAYS Total—0

ABSENT

Baudoin Total—1



Speaker Pro Tempore Bruneau in the Chair

HOUSE BILL NO. 1343—BY REPRESENTATIVE SCHNEIDER

AN ACTTo amend and reenact R.S. 11:701(30) and (33)(b), 722, 728(A)(3),

(B)(1), (C)(1) and (2), and (F)(2) and (3), 751, 761(A),783(A)(introductory paragraph) and (Option 5) and (D), (G), and(I), 788(C), and 856(A), to enact R.S. 11:794, and to repeal R.S.11:783(J), relative to the Teachers' Retirement System; to providewith respect to definitions, including but not limited to thedefinition of the terms "service" and "teacher"; to provide withrespect to enrollment applications; to provide with respect toservice credit and the criteria used for determining eligibility for thepurchase of such credit; to provide with respect to rounding ofservice credit; to provide with respect to retirement applications; toprovide with respect to benefits, including but not limited to theselection of Option 5 as a method for payment of benefits; toprovide with respect to changes of beneficiaries; to repeal theprovision authorizing a change of beneficiary in certain limitedinstances; to provide with respect to the Deferred RetirementOption Plan, including but not limited to the interest that iscredited to members' subaccounts; to provide with respect toreturning employer contributions; to provide an effective date; andto provide for related matters.

Read by title.


AMENDMENT NO. 1

On page 1, line 5, after "to enact R.S. 11:794" delete "," insert "and857(2)"

AMENDMENT NO. 2

On page 2, line 16, after "R.S. 11:794" delete "is" and insert "and857(2) are"

AMENDMENT NO. 3


"§857. Compensation of investment advisors

(1) The board of trustees of the Teachers' Retirement System ofLouisiana is hereby authorized, in requesting proposals for investmentadvisory services, to require that fees shall be quoted as a fixed fee, a feebased on market value of assets, or a performance fee.

(2) Any pension system participating in commission recapture andwhich directs brokerage decisions from within the system shall requireall brokers to participate in the commission recapture of such system.For purposes of this Paragraph, commission recapture shall mean adirected brokerage program whereby a portion of gross commissions arerebated to the client in either the form of cash, services or both.

* * *"


Amendments proposed by Senate Committee on Finance toReengrossed House Bill No. 1343 by Representative Schneider

AMENDMENT NO. 1

On page 1, line 4, delete "788(C),"

AMENDMENT NO. 2

On page 2, line 15, delete "788(C),"

AMENDMENT NO. 3


AMENDMENT NO. 4



Amendments proposed by Senator Boissiere to Reengrossed House BillNo. 1343 by Representative Schneider

AMENDMENT NO. 1

Delete Senate Committee Amendment Nos. 1 through 4 proposed bythe Senate Committee on Retirement and adopted by the Senate on May15, 2001.



2836

Amendments proposed by Senator Boissiere to Reengrossed House Bill Crane Katz Smith, J.D.—50thNo. 1343 by Representative Schneider Crowe Kennard Smith, J.H.—8th

AMENDMENT NO. 1 Damico LaFleur Sneed

On page 1, line 4, after "788(C)," delete "and" and after "856(A)," Dartez Landrieu Straininsert "and R.S. 42:851(A)(2)(a)(ii)" Devillier LeBlanc Swilling

AMENDMENT NO. 2 Doerge Martiny Toomy

On page 1, line 5, after "relative to" insert " public employees; to Downer McDonald Tricheprovide with respect to" Erdey McMains Tucker

AMENDMENT NO. 3 Faucheux Montgomery Walsworth

On page 16, between lines 21 and 22, insert the following: Frith Morrish Winston

"Section 2. R.S. 42:851(A)(2)(a)(ii) is hereby amended and Futrell Nevers Wrightreenacted to read as follows: Gallot Odinet

§851. Authority for employee benefit programs; payroll deduction for Total—103payment of premiums NAYS

A.

* * *

(2)(a) For purposes of this Section, an employee is defined as:

* * *

(ii) A retiree as defined by the rules and regulations of the Boardof Trustees of the State Employees Group Benefits Program or an activeor retired employee of the Louisiana Naval War Memorial Commission;

* * *"

AMENDMENT NO. 4


AMENDMENT NO. 5


Rep. Schneider moved that the amendments proposed by theSenate be rejected.

ROLL CALL


YEAS

Mr. Speaker Green PierreAlario Guillory PinacAlexander, E Hammett PitreAlexander, R Heaton PowellAnsardi Hebert PrattBaldone Hill QuezaireBaylor Holden RichmondBowler Hopkins RiddleBroome Hudson RomeroBruce Hunter SalterBruneau Hutter ScaliseCarter, K Iles SchneiderCarter, R Jackson, L SchwegmannCazayoux Jackson, M ShawClarkson Johns Smith, G.—56th

Curtis Kenney Smith, J.R.—30th

Daniel Lancaster Stelly

Diez Lucas Thompson

Donelon McCallum Townsend

Farrar McVea Waddell

Flavin Morrell Welch

Fruge Murray Wooton

Glover Perkins

Total—0ABSENT

Baudoin Durand Total—2




AN ACTTo provide for resolution of certain suits against the state related to the

state sales and use taxes assessed on the purchase of certainmanufactured and mobile homes; to create a special fund for thepurpose of resolution of such lawsuits; to provide for the depositand use of monies in the fund; to provide for a process for thereturn of certain monies paid with respect to such tax; to providefor rulemaking; and to provide for related matters.

Read by title.



Amendments proposed by Senate Committee on Finance toReengrossed House Bill No. 1368 by Representative Daniel

AMENDMENT NO. 1

On page 1, line 7, after "rulemaking;" and before "and to provide" insert"to amend and reenact Section 2 of Act No. 30 of the 2000 RegularSession of the Legislature relative to the effective date;"

AMENDMENT NO. 2

On page 1, line 14, insert opening quotation marks before the word"Shirley"

AMENDMENT NO. 3

On page 1, line 16, insert closing quotation marks after the word"Parish"

AMENDMENT NO. 4


2837

On page 1, line 17, insert opening quotation marks before the word On page 5, line 10, change "June" to "July""Nancy"

AMENDMENT NO. 5

On page 1, line 18, insert closing quotation marks after the word Bill No. 1368 by Representative Daniel"Louisiana"

AMENDMENT NO. 6

On page 2, line 26, change the first word "this" to "the"

AMENDMENT NO. 7 be concurred in.

On page 3, line 4, after "monies in the fund," delete the remainder of theline and insert "the amount of state sales or use taxes paid by thosepersons who are plaintiffs on or before the effective date of this Act" The roll was called with the following result:

AMENDMENT NO. 8 YEAS

On page 3, line 5, delete the first words "use taxes" Mr. Speaker Glover Perkins

AMENDMENT NO. 9 Alexander, E Guillory Pinac

On page 3, line 20, delete the words "a party to" and replace with "listed Ansardi Heaton Powellon either the computer-generated run or the manual list provided by the Baldone Hebert Prattoffice of motor vehicles which formed the basis for the judgment Baylor Hill Quezairerendered on February 5, 2001, in" Bowler Holden Richmond

AMENDMENT NO. 10 Bruce Hudson Romero

On page 3, line 24, after "District Court;" insert "and those persons who Carter, K Hutter Scaliseare not a party to" Carter, R Iles Schneider

AMENDMENT NO. 11 Clarkson Johns Shaw

On page 4, line 8, change "twenty" to "eighty" Crowe Kennard Smith, J.D.—50th

AMENDMENT NO. 12 Damico LaFleur Smith, J.R.—30th

On page 5, line 7, after "Act" insert "which shall include reasonable Dartez Landrieu Stellynotification by mail to all claimants without any cost to the claimant for Devillier LeBlanc Strainsuch notification" Diez Lucas Swilling

AMENDMENT NO. 13 Donelon McCallum Toomy

On page 5, between line 7 and 8, insert the following: Erdey McMains Triche

"Section 7. Section 2 of Act No. 30 of the 2000 Regular Session Faucheux Montgomery Waddellof the Legislature is hereby amended and reenacted to read as follows: Flavin Morrell Walsworth

* * * Fruge Murray Winston

Section 2. This Act shall become effective if, as, and when a Gallot Odinet Wrightjudgment in Shirley M. Avants, et al v. John Neely Kennedy, Secretary, Total—102No. 434575, Division D, Nineteenth Judicial District Court, Parish of NAYSEast Baton Rouge, State of Louisiana, becomes final and nonappealable or a written compromise settlement disposing of all claims is finalized Total—0and signed. This Act shall become effective on July 1, 2001." ABSENT

AMENDMENT NO. 14 Baudoin Durand Jackson, M

On page 5, line 8, after "Section" change "7" to "8"

AMENDMENT NO. 15 House.

On page 5, line 8, change "June" to "July

AMENDMENT NO. 16


Amendments proposed by Legislative Bureau to Reengrossed House

AMENDMENT NO. 1

On page 4, line 17, following "paragraphs" change "(1)" to "(A)(1)"

Rep. Daniel moved that the amendments proposed by the Senate

ROLL CALL

Alario Green Pierre

Alexander, R Hammett Pitre

Broome Hopkins Riddle

Bruneau Hunter Salter

Cazayoux Jackson, L Schwegmann

Crane Katz Smith, G.—56th

Curtis Kenney Smith, J.H.—8th

Daniel Lancaster Sneed

Doerge Martiny Thompson

Downer McDonald Townsend

Farrar McVea Tucker

Frith Morrish Welch

Futrell Nevers Wooton

Total—3


Speaker DeWitt in the Chair


2838

HOUSE BILL NO. 1420—BY REPRESENTATIVES PIERRE AND DANIEL

AN ACTTo amend and reenact R.S. 56:302.1(B)(1) and (C)(2)(a), relative to

nonresident fishing licenses; to provide for temporary nonresidentfreshwater and saltwater fishing licenses; to provide for fees basedupon the number of days of the temporary license; to eliminate thethree-day nonresident freshwater and saltwater fishing licenses;and to provide for related matters.

Read by title.



Amendments proposed by Senator Romero to Reengrossed House BillNo. 1420 by Representative Pierre

AMENDMENT NO. 1

On page 1, line 2, after "R.S." delete the remainder of the line and insertthe following:

"56:302.1 (B)(1), (C)(2)(a) and to enact R.S. 56:649.8, relative to"

AMENDMENT NO. 2

On page 1, line 6, after "licenses;" insert "to provide for nonresidentfour-day freshwater and saltwater fishing licenses; to provide for asenior combination lifetime hunting and fishing license for persons sixtyyears of age and older"

AMENDMENT NO. 3

On page 1, line 10, between "reenacted' and "to" insert "and R.S.56:649.8 is hereby enacted"

AMENDMENT NO. 4

On page 1, line 14, between "B.(1)" and "In" insert "(a)"

AMENDMENT NO. 5


"(b) In lieu of the basic recreational fishing license and thetemporary basic recreational freshwater fishing license, nonresidentsmay purchase a four-day basic license for a fee of fifteen dollars. Thislicense shall be valid for four consecutive days."

AMENDMENT NO. 6

On page 2, line 6, between "(2)(a)" and "The" insert "(i)"

AMENDMENT NO. 7

On page 2, line 7, change "fifty" to "thirty"

AMENDMENT NO. 8


"(ii) In lieu of the saltwater license and the temporary saltwaterlicense, nonresidents may purchase a four-day saltwater license for a feeof forty-five dollars. This license shall be valid for four consecutivedays.

AMENDMENT NO. 9


"§649.8. Senior combination lifetime hunting and fishing license

The department shall make available for persons sixty years old orolder who were born in Louisiana a senior combination lifetime huntingand fishing license which shall entitle the licensee to all of the privilegesof both lifetime hunting and lifetime sports fishing licenses provided inR.S. 56:649.1 and 649.2. The fee for the senior combination lifetimehunting and fishing license shall be fifty dollars."



AMENDMENT NO. 1

Delete Senate Floor Amendment Nos. 1 through 9 proposed by SenatorRomero and adopted by the Senate on June 14, 2001.

AMENDMENT NO. 2




AMENDMENT NO. 1

Delete Senate Floor Amendment Nos. 1 through 9 proposed by SenatorRomero and adopted by the Senate on June, 14, 2001

AMENDMENT NO. 2

On page 1, line 6, after "licenses;" insert "to provide for nonresidentfour-day freshwater and saltwater fishing licenses;"

AMENDMENT NO. 3

On page 1, line 14, between "B.(1)" and "In" insert "(a)"

AMENDMENT NO. 4


"(b) In lieu of the basic recreational fishing license and thetemporary basic recreational freshwater fishing license, nonresidentsmay purchase a four-day basic license for a fee of fifteen dollars. Thislicense shall be valid for four consecutive days."

AMENDMENT NO. 5

On page 2, line 6, between "(2)(a)" and "The" insert "(i)"

AMENDMENT NO. 6


AMENDMENT NO. 7


"(ii) In lieu of the saltwater license and the temporary saltwaterlicense, nonresidents may purchase a four-day saltwater license for a fee


2839

of forty-five dollars. This license shall be valid for four consecutive The above bill was taken up with the amendments proposed by thedays. Senate.

Rep. Pierre moved that the amendments proposed by the Senatebe concurred in.

ROLL CALL

The roll was called with the following result: AMENDMENT NO. 1

YEAS On page 2, line 4, before "However" insert "(a)"

Mr. Speaker Glover Odinet AMENDMENT NO. 2Alario Green PerkinsAlexander, E Guillory Pierre On page 2, line 4, delete "in the case" and insert the following:Alexander, R Hammett PinacAnsardi Heaton Pitre "in all cases, except for litigation related to the Master SettlementBaldone Hebert Powell Agreement, or any litigation where the state is a party,"Baylor Hill PrattBowler Holden Quezaire AMENDMENT NO. 3Broome Hopkins RichmondBruce Hudson Riddle On page 2, between lines 12 and 13, insert the following:Bruneau Hunter RomeroCarter, K Hutter Salter "(b) In all cases of litigation related to the Master SettlementCarter, R Iles Scalise Agreement, or any litigation where the state is a party, the amount ofCazayoux Jackson, L Schneider security shall be determined in accordance with the provisions of R.S.Clarkson Jackson, M Schwegmann 39:98.6. "Crane Johns ShawCrowe Katz Smith, G.—56thDamico Kennard Smith, J.D.—50thDaniel Kenney Smith, J.H.—8th Amendments proposed by Senator Ellington to Engrossed House BillDartez LaFleur Smith, J.R.—30th No. 1524 by Representative McMains Devillier Lancaster SneedDiez Landrieu Stelly AMENDMENT NO. 1Doerge LeBlanc StrainDonelon Lucas Swilling Delete Senate Committee Amendments No. 1 through No. 3 proposedDowner Martiny Thompson by the Senate Committee on Judiciary A and adopted by the Senate onDurand McCallum Toomy June 5, 2001.Erdey McDonald TownsendFarrar McMains Triche AMENDMENT NO. 2Faucheux McVea WaddellFlavin Montgomery Walsworth On page 2, line 4, delete "in the case" and insert the following:Frith Morrell WelchFruge Morrish Winston "in all cases, except for litigation related to the Tobacco MasterFutrell Murray Wooton Settlement Agreement, or any litigation where the state is a judgmentGallot Nevers Wright creditor," Total—102

NAYS Total—0 Amendments proposed by Senator Lentini to Engrossed House Bill No.

ABSENT 1524 by Representatives McMains and Landrieu

Baudoin Curtis Tucker AMENDMENT NO. 1 Total—3

The amendments proposed by the Senate were concurred in by theHouse. AMENDMENT NO. 2

HOUSE BILL NO. 1524—BY REPRESENTATIVES MCMAINS AND LANDRIEU

AN ACTTo amend and reenact Code of Civil Procedure Article 2124(B)(1), (C),

and (D) and to enact Code of Civil Procedure Article 2124(E),relative to security to be furnished for an appeal; to permit a trialcourt to exercise its discretion in determining the amount ofsecurity for a suspensive appeal; to provide for the application ofsupervisory writs; and to provide for related matters.

Read by title.


Amendments proposed by Senate Committee on Judiciary A toEngrossed House Bill No. 1524 by Representative McMains



On page 2, line 4, before "However" insert "(a)"

On page 2, line 9, after "Louisiana." insert "(b)" and on line 10, after"interrupted" insert "for judgments pursuant to Article 2124(B)(1)(a)"

Rep. McMains moved that the amendments proposed by theSenate be concurred in.

ROLL CALL



2840

YEAS provide for a voter who has become physically unable to sign his

Mr. Speaker Green Pierre machines to the contractor authorized to deliver voting machines;Alario Guillory Pinac to provide for the delivery of the supplemental list of voters to theAlexander, E Hammett Pitre precinct; to allow the registrar of voters to use information inAlexander, R Heaton Powell obituary notices to remove deceased persons from the voting rolls;Ansardi Hebert Pratt to except the presidential preference primary from the requirementBaldone Hill Quezaire for publication of the inactive list of voters; to provide for theBaylor Holden Richmond registrar to make changes in the voter rolls based upon informationBowler Hopkins Riddle in the address confirmation card as the application to vote absenteeBroome Hudson Romero by mail; to provide for the manner of appointment of watchers; toBruce Hunter Salter change the percentage registration for certain political partyBruneau Hutter Scalise organizational requirements; to provide with regard to leases ofCarter, R Iles Schneider private property for polling places; to provide for identification ofCazayoux Jackson, L Schwegmann voters at the polls and when voting absentee in person; to provideCrane Jackson, M Shaw for the delivery of supplemental lists of absentee voters andCrowe Johns Smith, G.—56th updates to the precinct registers; to provide for certain electionCurtis Katz Smith, J.D.—50th documents to be placed in the registrar of voters envelope; toDamico Kennard Smith, J.H.—8th require the registrar of voters envelope be sealed; to provide for theDaniel Kenney Smith, J.R.—30th revision of propositions and questions submitted at an election; toDartez LaFleur Sneed provide for the application to vote absentee by mail; to provide forDevillier Lancaster Stelly non-commercial hand delivery of an application to vote absenteeDiez Landrieu Strain by mail; to provide for the address to which a voter may request anDoerge LeBlanc Swilling absentee ballot be sent; to allow the registrar of voters to use lawDonelon Martiny Thompson enforcement officers to maintain order; to require an inactive voterDowner McCallum Toomy to complete an address confirmation card; to allow voter to haveDurand McDonald Townsend registrar of voters fill in some information on the absentee ballotErdey McMains Triche certificate; to provide for the manner of voting absentee providedFarrar McVea Tucker by law to be superseded in the event of a change in votingFaucheux Montgomery Waddell equipment; to require the registrar of voters to contact theFlavin Morrell Walsworth commissioner-in-charge at a precinct upon receipt of certain typesFrith Morrish Welch of absentee ballots on election day; to repeal the requirement toFruge Murray Winston retain certain absentee ballot affidavits; to provide for theFutrell Nevers Wooton appointment of absentee commissioners; to provide for anGallot Odinet Wright exception to the prohibition against electioneering at a nursingGlover Perkins home; to provide for the number for voting machines allocated to Total—101 each precinct; to provide with regard to voting machine tally

NAYS sheets; to provide for the fee for recording a proces verbal with the

Carter, K Clarkson election expense; to provide for interest on overdue billings for Total—2 elections costs; to provide for additional penalties for certain

ABSENT elections offenses; to provide for a voter protection zone around a

Baudoin Lucas activities; and to provide for related matters. Total—2

The amendments proposed by the Senate were concurred in by theHouse. The above bill was taken up with the amendments proposed by the

HOUSE BILL NO. 1558—BY REPRESENTATIVE BRUNEAU

AN ACTTo amend and reenact R.S. 18:2(7), 101(D)(introductory paragraph),

109, 152(C)(2)(b), 157, 193(F), 196(C)(2), 435(A)(1) and (B),443.2 (introductory paragraph), 521(B)(2), 533(E), 562(A)(2) and(B)(1), (2), and (3)(c), 564(D)(2), 565(B), 571(11), 1300(C)(2),1307(A)(introductory paragraph) and (5) and (B)(1), 1309(A)(3),(D) and (E)(2) and (3), 1310(A), 1311(D)(3) and (4)(a), 1312(E),1313(A), 1315(C)(2) and (3), 1354(B)(5), 1363(A)(introductoryparagraph) and (B), 1399(C)(2) and (D)(2), 1400.1(C)(2),1400.6(B), and 1461(C)(1), and to enact R.S. 18:111(C), 173(E),553(E), 1307(A)(6), (7), and (8) and (F), 1309(A)(4) and (E)(4),1334(D), 1363(C), (D), and (E), 1400.3(D)(4) and (E)(5) and (6),1400.4(D)(3), and 1495.7, and to repeal R.S. 18:1363(A)(5) and(6), relative to the election code; to make technical changes to theelection code; to provide for the definition of "immediate family";to change the time frame for a voter to vote in Louisiana after hehas changed his residence; to limit the requirement for a registrar

of voters to send registration information to an inactive voter; to

name; to change certain references from custodian of voting

secretary of state; to provide that law enforcement officers are an

polling place; to provide with respect to certain fundraising

Read by title.

Senate.


2841


Amendments proposed by Senator Ullo to Reengrossed House Bill No. * * *1558 by Representative Bruneau

AMENDMENT NO. 1

On page 1, line 5, after "571(11)," insert "1259(B)(5),"

AMENDMENT NO. 2 or,on an absentee ballot, a single box within candidate selection button

On page 1, line 8, after "1315(C)(2) and (3)," insert "1351(11), absentee ballots, there shall be a single box within which to mark the1353(B) and (C)(4)," and after "1354(B)(5)," insert "1355(6), ballot opposite each pair of names.1361(A),"

AMENDMENT NO. 3

On page 1, at the beginning of line 9, after "(B)," and before"1399(C)(2) and (D)(2)," insert "1392, 1394(A)," On page 23, after line 24, insert the following:

AMENDMENT NO. 4 "§1351. Definitions

On page 1, line 10, delete "18:111(C)" and insert "18:18(7), 111(C)" As used in this Chapter, unless otherwise specified, the following

AMENDMENT NO. 5

On page 3, line 21, after "571(11)," insert "1259(B)(5),"

AMENDMENT NO. 6 when voting, as formed by the machine, and its screen and privacy

On page 3, line 23, after "1315(C)(2) and (3)," insert "1351(11), voting machines.1353(B) and (C)(4)," and after "1354(B)(5)," insert "1355(6),1361(A)," (a) "Mechanical voting machine" means a voting machine that

AMENDMENT NO. 7 lever.

On page 3, line 24, after "(B)," and before "1399(C)(2) and (D)(2)," (b) "Electronic voting machine" means a voting machine thatinsert "1392, 1394(A)" displays a full-face ballot, whereby votes are cast by pushing a vote

AMENDMENT NO. 8 displays a paging ballot, whereby votes are cast by selecting a vote

On page 3, line 26, delete "18:111(C)" and insert "18:18(7), 111(C)" system.

AMENDMENT NO. 9 * * *

On page 4, between lines 12 and 13 insert the following; §1353. Commissioner of elections; powers and duties

"§18. Commissioner of elections; powers and duties * * *

The commissioner of elections shall administer the laws relating B. The commissioner of elections shall prescribe uniform rules andto custody of voting machines and voter registration, and for the regulations with respect to matters pertaining to the purchase,purpose he shall: preparation, and use of voting machines in the conduct of elections and

* * * any matter relating to voting machines. The commissioner of elections

(7) Prescribe uniform rules, regulations, forms, and instructions as Supervisors during the promulgation of such rules and regulations. Theto the use of electronic voting machines, as defined by R.S. rules and regulations shall be approved by the attorney general and18:1351(11)(b), in the conduct of absentee voting, which shall be thereafter shall be distributed by the commissioner of elections to theapproved by the attorney general and thereafter shall be applied election officials having responsibilities relating to voting machinesuniformly by each registrar of voters in the state. elections. The rules and regulations shall be applied uniformly through

* * *"

AMENDMENT NO. 10 provided by law, the commissioner of elections shall:

On page 16, between lines 9 and 10, insert the following: * * *

"§1259. Arrangement of ballot; designation of party candidates

B(1)

* * *

(5) ThereOn a voting machine, there shall be a single lever, button

with which to mark the ballot, opposite each pair of names. On mail

* * *"

AMENDMENT NO. 11

terms shall have the meanings herein ascribed to each:

* * *

(11) "Voting machine" means the enclosure occupied by the voter

shield, hood, or curtain, which shall include mechanical and electronic

displays a full-faced ballot and whereby votes are cast by moving a

indicator button on the face of the machine or a voting machine that

indicator by touching the screen or using available tools on the voting

the duties of each category of persons charged with responsibility for

shall consult with the secretary of state and State Board of Election

the state.

C. In addition to any other duties and functions now or hereafter

(4) FurnishFor mechanical voting machines, furnish for eachpolling place for each election a model showing the face of a voting


2842

machine as it is to be used in the election and a card of instructions to which, upon exposure of the vote count at any time will automaticallyvoters and commissioners, and also furnish a seal, if required, for lock the equipment against further voting.sealing each machine after the termination of voting.

* * *" in accordance with Subsection A of this Section is used in an election,

AMENDMENT NO. 12 insure that absentee ballots can be prepared in a manner consistent with

On page 24, between lines 14 and 15, insert the following: period within the time limitations of the election. If the absentee ballot

"§1355. Construction and equipment of machines; requirements cannot be produced within the time limitations of an election, absentee

Each voting machine used in an election shall be so constructed voting machine used in absentee voting shall conform to the standardsand equipped as to: for voting machines set forth in R.S. 18:1355 and R.S. 18:1361.

* * * * * *

(6) When used in a primary election at which members of a §1394. Ballots; marking ballotspolitical party committee are to be voted on, it shall be so equipped that,by a single adjustment on the outside of the machine, the election A. Absentee ballots to be counted or processed in any absenteeofficials can lock out all candidate counters except those of the party counting equipment shall conform as nearly as practicable to all thewith which the voter is affiliated. requirements in Chapter 7 of this Title, particularly R.S. 18:1306.

* * * Except as provided in Subsection B hereof, and depending on the

§1361. Approval of machines; certificate; expenses of examination election, the State Board of Election Supervisors commissioner of

A. The commissioner may examine any type or make of voting implementation of any absentee voting and counting system, specificallymachine upon the request of a representative of the maker or supplier specifying the form of the absentee ballot used in an election, thethereof, and if he determines that the machine complies with the manner in which such ballot shall be executed by the voter, and therequirements of this Chapter and that it meets standards acceptable to specific procedures used in tabulating the absentee results of thehim as to durability, accuracy, efficiency, and capacity, he shall approve election. The commissioner of elections shall consult with the secretarythat type or make of machine for use in this state and shall issue his of state and the State Board of Election Supervisors during thecertificate of approval thereof. In addition, any electronic voting promulgation of such rules and regulations..machine acquired or used in the state must have been certified byNASED Independent Testing Authorities according to the voting * * *"systems standards adopted by the Federal Election Commission. Thiscertificate, together with any relevant reports, drawings, andphotographs, shall be a public record.

* * *" 1558 by Representative Bruneau


On page 26, between lines 6 and 7 insert the following: In Senate Floor Amendment No. 13 proposed by Senator Ullo and

"§1392. Selection of absentee voting and counting equipment through 47 and on page 5, delete lines 1, through 6 and in Amendment

A. (1) The specific kind or type of absentee counting equipment delete "1394(A),"used in a parish for an election shall be determined by the commissionerof elections and shall be approved as provided in R.S. 18:1361.

(2) Any absentee counting equipment selected shall correctly and Amendments proposed by Senator Marionneaux to Reengrossed Houseaccurately count all votes lawfully cast for each candidate and for or Bill No. 1558 by Representative Bruneauagainst each proposition. When a voter may vote for more than oneperson for an office, it shall count each vote cast, even though the voter AMENDMENT NO. 1has voted for fewer than the total number of votes he is entitled to castfor a particular office. If a voter casts his vote for more persons for a On page 1, at the end of line 9, insert "and R.S. 24:56(A)," and beforeparticular office than he is legally entitled to vote for, it shall not count "1461(C)(1)" delete "and"the votes for that office, but it shall count all other lawfully cast votes.

(3) Any absentee counting equipment selected shall be capable ofproving, through the production of a zero tally, that its candidate and On page 30, between lines 11 and 12, insert the following:question counters contain no votes for either a candidate or proposition.Such equipment shall be capable of reproducing the absentee results of "Section 3. R.S. 24:56(A) is hereby amended and reenacted toan election to verify the initial absentee count. read as follows:

(4) Absentee counting equipment into which the voter directly §56. Prohibited conductcasts his absentee ballot shall contain one or more automatic locks

B. Before any absentee counting equipment selected and approved

the commissioner of elections shall consult with the secretary of state to

the equipment's capabilities and that such ballots can be produced in a

configuration for an election is unduly complex or if the absentee ballots

counting equipment shall not be used in that election. Any electronic

particular type of absentee voting or counting equipment utilized in an

elections may promulgate rules and regulations regarding the


Amendments proposed by Senator Ullo to Reengrossed House Bill No.

adopted by the Senate on May 31, 2001 on page 4, delete lines 38

No. 3, line 8, delete "1394(A)," and in Amendment No. 7, line 18,


AMENDMENT NO. 2


2843

A. No fundraising function shall be held during a legislative ABSENTsession for or by a legislator unless written notice of the function hasbeen given to the board not less than thirty days prior to the function. Alexander, R Flavin LaFleurIf the deadline for the notice falls on a Saturday, Sunday, or other legal Baudoin Johns Stellyholiday, the notice required by this Subsection shall be extended until Total—6the first day after the Saturday, Sunday or other legal holiday."

AMENDMENT NO. 3 House.

On page 30, line 12, change "Section 3" to "Section 4"

AMENDMENT NO. 4


AMENDMENT NO. 5


Rep. Bruneau moved that the amendments proposed by the Senatebe concurred in.

ROLL CALL


YEAS

Mr. Speaker Glover PerkinsAlario Green PierreAlexander, E Guillory PinacAnsardi Hammett PitreBaldone Heaton PowellBaylor Hebert PrattBowler Hill QuezaireBroome Holden RichmondBruce Hopkins RiddleBruneau Hudson RomeroCarter, K Hunter SalterCarter, R Hutter ScaliseCazayoux Iles SchneiderClarkson Jackson, L SchwegmannCrane Jackson, M ShawCrowe Katz Smith, G.—56thCurtis Kennard Smith, J.D.—50thDamico Kenney Smith, J.H.—8thDaniel Lancaster Smith, J.R.—30thDartez Landrieu SneedDevillier LeBlanc StrainDiez Lucas SwillingDoerge Martiny ThompsonDonelon McCallum ToomyDowner McDonald TownsendDurand McMains TricheErdey McVea TuckerFarrar Montgomery WaddellFaucheux Morrell WalsworthFrith Morrish WelchFruge Murray WinstonFutrell Nevers WootonGallot Odinet Wright Total—99

NAYS Total—0


HOUSE BILL NO. 1563—BY REPRESENTATIVE MARTINY

AN ACTTo amend and reenact R.S. 4:702(C)(1), 704(D), 707(C)(4) and (5),

(D)(1)(a), (2), (3), and (4), 710(A), 715(B), 720(B), 721(B)(4),724(B)(2), 726(A)(1) and (D), and 735(B)(7), and to enact R.S.4:708(A)(9) and 718(H), and to repeal R.S. 4:720(C), 728, 732(F)and (G), and 733(J), relative to charitable gaming; to provide withrespect to commercial lessors; to correct internal citations; toprovide criteria for the issuance of special licenses; to provide withrespect to personnel conducting charitable gaming; to provide forthe revocation, suspension, or condition of any charitable gaminglicense; to provide for the maximum payout on electronic videobingo games; to repeal duplicative language; to repeal provision oflaw allowing only one parent-teacher association or booster clubfor each school; to repeal provision of law prohibiting any licensedcharitable organization operating more than fifteen electronic pull-tab devices from offering pull-tabs; to repeal provision regardingthe use of monies derived from enforcement of bingo regulationsin Livingston Parish; to repeal provision requiring mega jackpotprogressive bingo and progressive blackout bingo be mutuallyexclusive; to repeal population limitations for networking orlinking progressive mega jackpot bingo games; and to provide forrelated matters.

Read by title.


Amendments proposed by Senate Committee on Judiciary B toReengrossed House Bill No. 1563 by Representative Martiny

AMENDMENT NO. 1

On page 1, line 4, after "and (D)," and before "and 735(B)(7)," insert"733(B)(5)(h),"

AMENDMENT NO. 2

On page 1, line 11, after "games;" and before "to repeal" insert thefollowing:

"to provide that electronic pull-tab devices shall be linked to a computerlocated at the Department of Revenue, office of charitable gaming;"

AMENDMENT NO. 3

On page 2, line 9, after "(D)," and before "735(B)(7)" insert"733(B)(5)(h),"

AMENDMENT NO. 4


"§733. Electronic pull-tab devices

* * *

B. Each device shall:


2844

* * * Donelon Lancaster Toomy

(5) Have separate secure areas with locking doors for the game Durand Morrell Waddelllogic board and software, the cash compartment, and the mechanical Frith Morrish Welchmeters as required by the rules and regulations of the office. These areas Fruge Murray Wootonmust be locking and separated. Access to one from the other must not Total—39be allowed at any time. ABSENT

* * * Baudoin Curtis

(h) The device must shall be linked by telecommunication to a Total—4central computer for purposes of polling or reading device activities andfor central computer remote shutdown of device operations. Each The amendments proposed by the Senate were rejected.location licensed under this Chapter for charitable gaming shall have acomputer which shall be linked with a computer located at the Conference committee appointment pending.Department of Revenue, office of charitable gaming. The computershall contain a mechanism which shall allow automatic shut-down ofdevices at a licensed location by the office.

* * *"

Rep. Martiny moved that the amendments proposed by the Senatebe concurred in.

As a substitute motion, Rep. Perkins moved that the amendmentsproposed by the Senate be rejected.

Rep. Martiny objected.


ROLL CALL


YEAS

Mr. Speaker Guillory PowellAlario Hammett PrattAlexander, E Hill QuezaireAlexander, R Holden RichmondBaylor Hunter RiddleBroome Hutter SalterBruneau Iles ScaliseCarter, K Jackson, M SchneiderCarter, R Katz Smith, G.—56thClarkson Kennard Smith, J.H.—8thCrane Kenney Smith, J.R.—30thCrowe LeBlanc StellyDaniel Lucas StrainDiez McCallum SwillingErdey McDonald ThompsonFarrar McMains TricheFaucheux McVea TuckerFlavin Montgomery WalsworthFutrell Nevers WinstonGallot Perkins WrightGreen Pitre Total—62

NAYS

Ansardi Glover OdinetBaldone Heaton PierreBowler Hebert PinacCazayoux Hopkins RomeroDamico Hudson SchwegmannDartez Jackson, L ShawDevillier Johns Smith, J.D.—50thDoerge LaFleur Sneed

Downer Martiny Townsend

Bruce Landrieu

HOUSE BILL NO. 1612—BY REPRESENTATIVE THOMPSON

AN ACTTo enact Subpart B-29 of Part IV of Chapter 1 of Title 33 of the

Louisiana Revised Statutes of 1950, to be comprised of R.S.33:130.561 through 130.567, relative to municipalities in certainparishes; to authorize the governing bodies of two or moremunicipalities in a parish with a population in excess of twelvethousand but less than thirteen thousand according to the latestfederal decennial census to create by local services agreement andintergovernmental contract a special district for industrial,commercial, tourism, and economic development purposes; toprovide relative to the composition, appointment, and terms ofoffice of the board of commissioners of the district; to provide forthe powers, duties, and functions of the board; to provide for thelevy and collection of taxes and the issuance of debt; and toprovide for related matters.

Read by title.



Amendments proposed by Senate Committee on Local and MunicipalAffairs to Engrossed House Bill No. 1612 by RepresentativeThompson

AMENDMENT NO. 1

On page 1, line 6, change "twelve thousand but less than thirteenthousand" to "thirteen thousand but less than fourteen thousand"

AMENDMENT NO. 2

On page 2, at the end of line 12, change "twelve" to "thirteen" and atthe beginning of line 13, change "thousand persons but less thanthirteen thousand persons" to "thousand persons but less than fourteenthousand persons"

AMENDMENT NO. 3

On page 2, at the beginning of line 18, change "twelve thousand butless than thirteen thousand" to "thirteen thousand but less than fourteenthousand"


Amendments proposed by Legislative Bureau to Engrossed House BillNo. 1612 by Representative ThompsonAMENDMENT NO. 1


2845

On page 9, line 12, following "Subsection" and before "of" change "B" Total—1to "A"

AMENDMENT NO. 2

On page 10, line 5, following "33:130.563" and before "(11)" insert "A"


Amendments proposed by Senator C. Jones to Engrossed House BillNo. 1612 by Representative Thompson

AMENDMENT NO. 1

On page 2, line 24, after "not" delete "less than four members" andinsert "more than five members, two of which must be members of thepolice jury in which the special district is located"

AMENDMENT NO. 2

On page 2, line 25, after "municipalities" insert ", and the president ofthe police jury in which the special district is located,"

Rep. Thompson moved that the amendments proposed by theSenate be rejected.

ROLL CALL


YEAS

Mr. Speaker Glover OdinetAlario Green PerkinsAlexander, E Guillory PierreAlexander, R Hammett PinacAnsardi Heaton PowellBaldone Hebert PrattBaylor Hill QuezaireBroome Holden RichmondBruce Hopkins RiddleBruneau Hudson RomeroCarter, K Hunter SalterCarter, R Hutter ScaliseCazayoux Iles SchneiderClarkson Jackson, L SchwegmannCrane Jackson, M ShawCrowe Johns Smith, G.—56thCurtis Katz Smith, J.D.—50thDamico Kennard Smith, J.H.—8thDaniel Kenney Smith, J.R.—30thDartez LaFleur SneedDevillier Lancaster StellyDiez Landrieu StrainDoerge LeBlanc SwillingDonelon Lucas ThompsonDowner Martiny ToomyDurand McCallum TownsendErdey McDonald TricheFarrar McMains TuckerFaucheux McVea WaddellFlavin Montgomery WalsworthFrith Morrell WelchFruge Morrish WinstonFutrell Murray WootonGallot Nevers Wright Total—102

NAYS

Bowler

ABSENT

Baudoin Pitre Total—2



HOUSE BILL NO. 1640—BY REPRESENTATIVE LEBLANC

AN ACTTo amend and reenact Part VII of Chapter 1 of Subtitle 1 of Title 39 of

the Louisiana Revised Statutes of 1950, comprised of R.S. 39:251through 257, relative to the operation of state buildings; to providefor an energy management policy to minimize energy costs andconsumption; to require that such policy be used by the agenciesof state government; to require the development of energymanagement plans for each agency; to require reporting relative tosuch plans; to authorize the retention of certain monies associatedwith savings in expenses related to energy use; and to provide forrelated matters.

Read by title.



Amendments proposed by Senate Committee on Finance to EngrossedHouse Bill No. 1640 by Representative LeBlanc

AMENDMENT NO. 1

On page 1, line 7, after "energy" delete the remainder of the line andinsert: "cost-saving measures"

AMENDMENT NO. 2

On page 1, at the beginning of line 8, delete "agency"

AMENDMENT NO. 3

On page 2, line 16, delete "The Division of" and delete lines 17 through23 in the entirety and insert:

"(1) The division of administration shall develop and implementa standardized reporting method to obtain information from each agencyon energy usage and costs for such energy used. The reports shallinclude information relative to state-owned or leased buildings andfacilities concerning location, billing name and address, square footage,hours of operation, demand charges, energy suppliers, and energy costsno later than January 1, 2002. Such reports shall be made on a biannualbasis.

(2) The division of administration shall use this information todevelop and maintain a database on all state buildings and facilities andtheir associated energy use, energy demand, and energy cost. The"

AMENDMENT NO. 4

On page 3, line 1, after "others" insert a period "." and delete theremainder of the line and delete line 2 in its entirety.

AMENDMENT NO. 5


2846

On page 3, line 3, after "B." delete the remainder of the line and delete AMENDMENT NO. 8lines 4 through 14 in their entirety and insert:

On page 4, line 14, after "consumption" and before "as well" delete"(1) The division of administration shall develop an initial energy "and expenses," and insert "and in implementing ECSMs,"

cost index no later than April 1, 2002. The energy cost index shall bedeveloped using the information obtained pursuant to Subsection A of AMENDMENT NO. 9this Section. The energy cost index shall include but not be limited tothe following: On page 4, delete line 19 and insert:

(a) British thermal units per square foot by building or facility "§254. Implementation of"class.

(b) Energy costs per million British thermal units.

(c) Kilowatt demand by square foot by class. insert:

(d) A target power factor. "A. Implementation of energy cost-saving measures or on-site

(2) The division of administration shall use the energy cost index the use of a performance contract or service agreement requiring noto identify state buildings and facilities with elevated energy use or expenditure. Energy cost-saving measures and on-site electricalcosts." generation projects involving a capital investment must have a positive

AMENDMENT NO. 6

On page 3, delete lines 15 through 22 and insert: implementing ECSMs initiated by the agency may retain all of the utility

"C. The division of administration shall conduct, or cause to be ECSMs are paid in full, and thereafter may retain one-half of the utilityconducted, detailed bill assessments and energy audits on state buildings expenditure savings over the remaining useful life of the ECSMs. Suchand facilities with identified elevated energy use or costs. Such retained utility expenditure savings shall be from funds appropriated orassessments and energy audits shall be conducted on a priority basis allocated for utility costs to such agency. The provisions of Subsectionbased on results of the energy cost index. Bill assessments shall include B shall not apply to postsecondary institutions.assessments of gas and electrical consumption, peak demand anddemand charges, service charges, and tariff or rate schedule (2) Agencies able to demonstrate net savings from implementingappropriateness. Energy audits shall include audits of occupancy and ECSMs which were initiated by the agency prior to the effective date ofuse patterns, electrical controls and control systems, heating, ventilation, this Act may retain all of the utility expenditure savings for the usefuland air conditioning efficiency and maintenance, lighting efficiency, life of the ECSMs. Such retained utility expenditure savings shall bebuilding infiltration, and control of radiant gain through walls, roof, and from funds appropriated or allocated for utility costs to such agency.windows. In order to minimize expenditures, the division ofadministration shall utilize performance contracting and service (3) The division of administration shall develop and promulgateagreements to the maximum extent possible." such rules and regulations as are necessary to provide for the

AMENDMENT NO. 7

On page 3, line 23, after "D." delete the remainder of the line, delete to postsecondary institutions."lines 24 through 26, on page 4, delete lines 1 through 12, and at thebeginning of line 13, delete "years." and insert the following: AMENDMENT NO. 11

"The division of administration shall make, or cause to be made, On page 5, line 4, after "Part" and before "shall" insert: "pertaining torecommendations for energy cost-saving measures, hereinafter referred capital investments"to as "ECSMs" as a result of bill assessments or energy audits conductedas provided in Subsection C of this Section. Approved ECSMs shall AMENDMENT NO. 12include measures to reduce energy consumption, reduce demandcharges, improve power factors, and lower per unit energy costs. Such On page 5, line 6, after the period "." and before "The" insert:measures shall be prioritized on life cycle costing.

E. The division of administration shall aggregate buildings and buildings and facilities and to that portion occupied or used by statefacilities or agencies for the purpose of negotiating utility rates favorable agencies in buildings or facilities leased by the agency."to the state.

F. The division of administration shall evaluate the economicfeasibility of on-site electrical generation. The division of administration On page 5, line 10, change "unable" to "failing"shall develop on-site electrical generation when the per unit energy costsor energy demand charges make on-site generation favorable on a life AMENDMENT NO. 14cycle cost analysis. On-site generation technologies may include fuelcells, fuel-fired turbines, and renewable energy sources such as On page 5, at the end of line 13, insert:photorolatics, solar thermal energy, and biomass energy.

G." appropriations of any agency failing to comply with the provisions of

AMENDMENT NO. 10

On page 4, delete lines 21 through 26, and on page 5, delete line 1 and

generation projects shall be made on a funds available basis or through

life cycle cost analysis.

B.(1) Agencies able to demonstrate net savings from

expenditure savings until the investment costs of implementing the

measurement and verification of energy savings.

(4) The provisions of Subsection B of this Sectionshall not apply

"The other provisions of this Part shall apply to the state-owned

AMENDMENT NO. 13

"The commissioner of administration shall withhold from the

this Part an amount equal to five percent of the amount appropriated to


2847

the agency for energy costs only if approved by the Joint Legislative Carter, R Iles SchneiderCommittee on the Budget. The commissioner of administration shall Cazayoux Jackson, L Schwegmannrelease any amounts withheld upon an agency's compliance with the Clarkson Jackson, M Shawprovisions of this Part less the amount used by the division of Crane Johns Smith, G.—56thadministration for collecting energy data from the non-complying Crowe Katz Smith, J.D.—50thagency. The use and expenditure of such amounts by the division of Curtis Kennard Smith, J.H.—8thadministration are subject to approval by the Joint Legislative Damico Kenney Smith, J.R.—30thCommittee on the Budget." Daniel LaFleur Sneed

AMENDMENT NO. 15 Devillier Landrieu Strain

On page 5, delete lines 15 through 19 and insert: Doerge Lucas Thompson

"The division of administration shall report annually to the Joint Downer McCallum TownsendLegislative Committee on the Budget and the Legislative Fiscal Office Durand McDonald Trichethe results of the energy cost-saving measures undertaken pursuant to Erdey McMains Tuckerthis Part and the savings generated by such measures." Farrar McVea Waddell


Amendments proposed by Legislative Bureau to Engrossed House Bill Fruge Murray WootonNo. 1640 by Representative LeBlanc Futrell Nevers Wright


In Senate Committee Amendment No. 10 proposed by the Senate Committee on Finance and adopted by the Senate on June 12, 2001, on Total—0line 28, following "agency." delete the remainder of the line and delete ABSENTline 29 in its entirety


Amendments proposed by Senator Campbell to Engrossed House Bill The amendments proposed by the Senate were concurred in by theNo. 1640 by Representative LeBlanc House.

AMENDMENT NO. 1

In Senate Committee Amendment No. 3 proposed by the SenateCommittee on Finance and adopted by the Senate on June 12, 2001, onpage 1, line 13, after "used" and before the period "." insert "no laterthan January 1, 2002"

AMENDMENT NO. 2

In Senate Committee Amendment No. 3 proposed by the SenateCommittee on Finance and adopted by the Senate on June 12, 2001, onpage 1, lines 17 and 18, delete "no later than January 1, 2002"


ROLL CALL


YEAS

Mr. Speaker Glover PerkinsAlario Green PierreAlexander, E Guillory PinacAlexander, R Hammett PitreAnsardi Heaton PowellBaldone Hebert PrattBaylor Hill QuezaireBowler Holden RichmondBroome Hopkins RiddleBruce Hudson RomeroBruneau Hunter SalterCarter, K Hutter Scalise


Diez LeBlanc Swilling

Donelon Martiny Toomy

Faucheux Montgomery WalsworthFlavin Morrell WelchFrith Morrish Winston

Gallot Odinet

NAYS

Baudoin Total—1

HOUSE BILL NO. 1641—BY REPRESENTATIVES LEBLANC, DEWITT, AND THOMPSON

AN ACTTo amend and reenact R.S. 17:375(A)(1) and (B)(3), R.S. 23:1170(A),

R.S. 32:1313(B), R.S. 40:2199(F)(1) and 2502(E), R.S. 41:1085,R.S. 46:160.1(17), 160.9, 160.10(A), and 2685(A)(3), and R.S.47:718(C) and to repeal Part III of Chapter 4-A of Title 3,comprised of R.S. 3:331 through 338, R.S. 17:7.6, 10.3, 373,375(3), and 377(B), Chapter 20-D of Title 17, comprised of R.S.17:3044.1 through 3044.5, R.S. 17:3129.5, 3129.6, 3384, and3765, R.S. 23:1170(C), and 2071, R.S. 28:26, Chapter 5-A ofSubtitle 1 of Title 30, comprised of R.S. 30:311 through 30:316,R.S. 33:3007, R.S. 36:4(B)(6)(b), 259(AA), 409(C)(7), R.S.40:1300.6 and 1300.171, Part VIII of Chapter 11 of Title 40,comprised of R.S. 40:2193 through 2193.5, R.S. 40:2194.6,2195.2(B), 2502(B)(9), and 2503, R.S. 46:160.1(8) and 160.7,Part V of Chapter 4 of Title 46, comprised of R.S. 46:581 through589, Part VI of Chapter 4 of Title 46, comprised of R.S. 46:591through 593, R.S. 46:932(11), Chapter 36 of Title 46, comprisedof R.S. 46:2451 through 2453, 2624(I)(4) and (5), Chapter 49 ofTitle 46, comprised of R.S. 46:2640 through 2643, R.S.46:2682(2), and 2684, Subpart I of Part 1 of Chapter 1 of SubtitleII of Title 47, comprised of R.S. 47:120.31, Subpart J of Part 1 ofChapter 1 of Subtitle II of Title 47, comprised of R.S. 47:120.32,Subpart K of Part 1 of Chapter 1 of Subtitle II of Title 47,comprised of R.S. 47:120.33, Subpart O of Part 1 of Chapter 1 ofSubtitle II of Title 47, comprised of R.S. 47:120.38, Subpart P ofPart 1 of Chapter 1 of Subtitle II of Title 47, comprised of R.S.47:120.39, Subpart R of Part 1 of Chapter 1 of Subtitle II of Title47, comprised of R.S. 47:120.41 and 120.42, Subpart S of Part 1of Chapter 1 of Subtitle II of Title 47, comprised of R.S. 47:120.51through 120.55, R.S. 47:463.60, Subtitle VI of Title 47,comprised of R.S. 47:5001 through 5010, R.S. 51:2323, and R.S.56:1924, relative to special treasury funds; to eliminate the


2848

Medicaid Access Trust Fund, Community-based Health Care Amendments proposed by Legislative Bureau to Reengrossed HouseFund, U.S. Olympic Checkoff Fund, Rural Development Loan Bill No. 1641 by Representative LeBlancFund, School and District Accountability Fund, Quality Scienceand Mathematic Equipping Fund, Minority Health Professions AMENDMENT NO. 1Education Fund, Louisiana University Faculty Incentive Fund,Higher Education Initiatives Fund, Louisiana Endowment Fund On page 1, line 6, following "373," and before "and" change "375(3),"for Eminent Louisiana Scholars, School Leadership Development to "375(A)(3),"Fund, Alternative School Fund, Workers' CompensationEnforcement Revolving Fund, Community and Technical Colleges AMENDMENT NO. 2Investment Fund, Mental Health Trust Fund, CoastalEnvironmental Protection Trust Fund, St. Mary Parish Local On page 10, line 21, following "338," and before "and" change "R.S.Government Gaming Mitigation Fund, Louisiana Senior Citizens 17:375(3)" to "R.S. 17:375(A)(3)"Trust Fund, Louisiana Indigent Health Care Trust Fund, LouisianaInmate Arts Trust Fund, Child Advocacy Center Support Fund, Rep. LeBlanc moved that the amendments proposed by the SenateHealth Professional Development Fund, Community-Based and be concurred in.Rural Health Care Fund, Interagency Recreation Board Fund,Louisiana Community-Based Services Trust Fund, HomelessRelief Fund, Homeless Trust Fund, Drug Enforcement andRecovery Fund, Victims of Family Violence Checkoff Fund, The roll was called with the following result:Literacy Fund, Addictive Disorders Treatment Fund, LouisianaSpecial Olympics Checkoff Fund, Pet Overpopulation Fund, Tax YEASSurplus Fund, Louisiana Small Business Incubator Fund, MotorVehicle Safety Inspection Fund, Weights and Standards Mobile Mr. Speaker Gallot OdinetPolice Force Fund, Health Care Facility Fund, and Stewardship Alario Glover PerkinsAccount; to authorize the transfer of balances between funds; to Alexander, E Green Pierreprovide for deposit of monies into the state general fund; and to Alexander, R Guillory Pinacprovide for related matters. Ansardi Hammett Pitre

Read by title. Baylor Hebert Pratt

The above bill was taken up with the amendments proposed by the Broome Holden RichmondSenate. Bruce Hopkins Riddle


Amendments proposed by Senate Committee on Finance to Cazayoux Iles SchneiderReengrossed House Bill No. 1641 by Representative LeBlanc, DeWitt, Clarkson Jackson, L Schwegmannand Thompson Crane Jackson, M Shaw

AMENDMENT NO. 1 Curtis Katz Smith, J.D.—50th

On page 1, line 8, after "17:3129.5" and before "3384" delete "3129.6," Daniel Kenney Smith, J.R.—30th

AMENDMENT NO. 2 Devillier Lancaster Stelly

On page 2, at the end of line 16, delete "Higher" Doerge LeBlanc Swilling

AMENDMENT NO. 3 Downer Martiny Toomy

On page 2, at the beginning of line 17, delete "Education Initiatives Erdey McDonald TricheFund," Farrar McMains Tucker

AMENDMENT NO. 4 Flavin Montgomery Welch

On page 11, line 9, delete "3129.6," Fruge Murray Wooton


On page 11, line 25, after "repealed" insert "and abolished"

AMENDMENT NO. 6

On page 12, at the end of line 2, insert the following:

"The balance remaining in the Workers' Compensation EnforcementRevolving Fund shall be transferred to the Workers' CompensationAdministration Fund"


ROLL CALL

Baldone Heaton Powell

Bowler Hill Quezaire

Bruneau Hudson RomeroCarter, K Hunter SalterCarter, R Hutter Scalise

Crowe Johns Smith, G.—56th

Damico Kennard Smith, J.H.—8th

Dartez LaFleur Sneed

Diez Landrieu Strain

Donelon Lucas Thompson

Durand McCallum Townsend

Faucheux McVea Waddell

Frith Morrell Winston

Futrell Nevers Wright


2849

NAYS On page 5, between lines 15 and 16, insert the following:

Total—0 "§1317.1 Company representation; state entitiesABSENT

Baudoin Morrish Walsworth fewer members shall have the consent of a majority interest of the Total—3 members and evidence of such consent by authentic act in order to

The amendments proposed by the Senate were concurred in by the commission or to represent the company interest at any hearing orHouse. proceeding held by any state agency, board, or commission.

HOUSE BILL NO. 1654—BY REPRESENTATIVE PINAC AND SENATOR HOLLIS

AN ACTTo amend and reenact R.S. 9:3410(B)(3) and to enact R.S. 12:1308.1,

1308.2, 1350.1, 1353(A)(9) and (E), and 1364(A)(4) and (B)(4),relative to filing of annual reports with the secretary of state; torequire annual reports of limited liability companies; to provide forfiling fees for limited liability companies and to increase filing feesfor registered foreign partnerships; to provide relative to failure tofile annual reports, including limitations on doing business with thestate and revocation of articles of organization or certificates ofauthority; to provide for reinstatement of articles of organization;and to provide for related matters.

Read by title.



Amendments proposed by Senator Hollis to Engrossed House Bill No.1654 by Representative Pinac and Senator Hollis

AMENDMENT NO. 1

On page 1, line 2, after "R.S." change "12:1308.1" to "12:140.3,1308.1" and at the end of line 2, after "1308.2," insert "1317.1,"

AMENDMENT NO. 2

On page 1, delete line 4 and insert "certain business entities; to requireannual"

AMENDMENT NO. 3

On page 1, line 10, after "organization;" insert "to provide forrepresentation before state entities;"

AMENDMENT NO. 4

On page 2, line 3, after "R.S." change "12:1308.1" to "12:140.3,1308.1" and after "1308.2," insert "1317.1,"

AMENDMENT NO. 5


§140.3. Corporate representation; state entities

Any representative of a corporation having five or fewershareholders shall have the consent of a majority interest of theshareholders and evidence of such consent by authentic act in order torepresent the corporate interest to any state agency, board, orcommission or to represent the corporate interest at any hearing orproceeding held by any state agency, board, or commission.

* * *"

AMENDMENT NO. 6

Any representative of a limited liability company having five or

represent the company interest to any state agency, board, or

* * *"


ROLL CALL


YEAS

Mr. Speaker Glover MurrayAlario Green NeversAlexander, E Guillory OdinetAlexander, R Hammett PierreAnsardi Heaton PinacBaldone Hill PitreBaylor Holden PowellBowler Hopkins PrattBroome Hudson QuezaireCarter, K Hunter RomeroCarter, R Hutter SalterCazayoux Iles SchneiderClarkson Jackson, L SchwegmannCrane Jackson, M ShawCurtis Johns Smith, G.—56thDamico Katz Smith, J.D.—50thDartez Kennard Smith, J.H.—8thDevillier Kenney Smith, J.R.—30thDiez LaFleur SneedDoerge Lancaster StellyDonelon Landrieu StrainDowner LeBlanc SwillingDurand Lucas ThompsonFarrar Martiny ToomyFaucheux McDonald TownsendFlavin McMains WaddellFrith Montgomery WelchFruge Morrell WootonGallot Morrish Total—86

NAYS

Crowe McCallum TuckerDaniel McVea WalsworthErdey Perkins WinstonFutrell Riddle WrightHebert Scalise Total—14

ABSENT

Baudoin Bruneau TricheBruce Richmond Total—5



2850

HOUSE BILL NO. 1665— LEGISLATIVE BUREAU AMENDMENTSBY REPRESENTATIVE LEBLANC

AN ACTTo amend and reenact R.S. 39:2(27) and 75(A) and to enact R.S.

39:2(11.1), relative to the elimination of a projected or actualdeficit; to define projected deficit and a deficit; to provide relativeto the budget status report and its contents; to provide for theelimination of a projected deficit in a fund or a deficit in a fund;and to provide for related matters.

Read by title.



Amendments proposed by Senate Committee on Finance to EngrossedHouse Bill No. 1665 by Representative LeBlanc

AMENDMENT NO. 1

On page 1, line 2, change "75(A)" to "75(A), (C)(introductoryparagraph), and (D)"

AMENDMENT NO. 2


"(3) At the first meeting of the Joint Legislative Committee on theBudget after publication of the Comprehensive Annual Financial Reportfor the state of Louisiana, the budget status report shall be adjusted toreflect the balance in any fund that existed in a fund at the end of theprevious fiscal year. For purposes of this Paragraph, the balance in anyfund shall mean the unreserved, undesignated fund balance reported inthe Comprehensive Annual Financial Report of the state of Louisianaadjusted as provided in this Paragraph. The division of administrationshall adjust such balance for items that have been accounted for in thebudget for the current year, that do not affect the budgetary soundnessof a fund, or that are described in Paragraph (4) of this Subsection. Thedivision of administration shall submit a list and description of alladjustments to the Legislative Fiscal Office at least one week prior tothat meeting. The Legislative Fiscal Office may submit writtencomments and recommendations on the adjustments to the committee."

AMENDMENT NO. 3

On page 3, at the beginning of line 3, change "(3)" to "(4)"

AMENDMENT NO. 4

On page 3, line 5, after "to be" and before "addressed" insert "fully"

AMENDMENT NO. 5


"C. Upon receiving notification that a projected deficit exists, thegovernor shall have interim budget balancing powers to adjust thebudget in accordance with the following provisions:

D. If within thirty days of the determination that a projected deficitexists in a fund the necessary adjustments in the appropriations are notmade to eliminate the projected deficit, the governor shall call a specialsession of the legislature for this purpose unless the legislature is inregular session. This special session shall commence as soon as possibleas allowed by the provisions of the Constitution of Louisiana, includingbut not limited to Article III, Section 2(B)."

Amendments proposed by Legislative Bureau to Engrossed House BillNo. 1665 by Representative LeBlanc

AMENDMENT NO. 1

In Senate Committee Amendment No. 5 proposed by the SenateCommittee on Finance and adopted by the Senate on June 12, 2001,between lines 29 and 30 insert asterisks " * * * "

AMENDMENT NO. 2

On page 1, line 9, change "75(A)" to "75(A),(C)(introductoryparagraph), and (D)"


ROLL CALL


YEAS

Mr. Speaker Glover PerkinsAlario Green PierreAlexander, E Guillory PitreAlexander, R Hammett PowellAnsardi Heaton PrattBaldone Hebert QuezaireBaylor Hill RichmondBowler Holden RiddleBroome Hopkins RomeroBruce Hunter SalterBruneau Hutter ScaliseCarter, K Iles SchneiderCarter, R Jackson, L SchwegmannCazayoux Jackson, M ShawClarkson Johns Smith, G.—56thCrane Katz Smith, J.D.—50thCrowe Kennard Smith, J.H.—8thCurtis Kenney Smith, J.R.—30thDamico LaFleur SneedDaniel Lancaster StellyDartez Landrieu StrainDevillier LeBlanc SwillingDiez Lucas ThompsonDoerge Martiny ToomyDonelon McCallum TownsendDowner McDonald TricheDurand McMains WaddellErdey McVea WalsworthFarrar Montgomery WelchFaucheux Morrell WinstonFrith Morrish WootonFruge Murray WrightFutrell NeversGallot Odinet Total—100

NAYS Total—0


2851

ABSENT Carter, R Iles Schneider

Baudoin Hudson Tucker Clarkson Jackson, M ShawFlavin Pinac Crane Johns Smith, G.—56th Total—5 Crowe Katz Smith, J.D.—50th

The amendments proposed by the Senate were concurred in by the Damico Kenney Smith, J.R.—30thHouse. Daniel LaFleur Sneed

HOUSE BILL NO. 1716—BY REPRESENTATIVE PIERRE

AN ACTTo enact R.S. 56:302.9.1, relative to charter boat licenses; to provide for

license fees for certain charter fishing operations; and to providefor related matters.

Read by title.



Amendments proposed by Senate Committee on Natural Resources toEngrossed House Bill No. 1716 by Representative Pierre

AMENDMENT NO. 1

On page 2, at the end of line 14, delete "three" and insert the following:

"seventy-two consecutive hours beginning at noon on the day ofissuance."

AMENDMENT NO. 2

On page 2, delete line 15 in its entirety


Amendments proposed by Senator Romero to Engrossed House Bill No.1716 by Representative Pierre

AMENDMENT NO. 1

Delete Senate committee amendments No. 1 and 2 proposed by theSenate Natural Resources Committee and adopted by the Senate onMay 14, 2001

Rep. Pierre moved that the amendments proposed by the Senatebe concurred in.

ROLL CALL


YEAS

Mr. Speaker Glover PerkinsAlario Green PierreAlexander, E Guillory PinacAlexander, R Hammett PitreAnsardi Heaton PowellBaldone Hebert PrattBaylor Hill QuezaireBowler Holden RichmondBroome Hopkins RiddleBruce Hudson RomeroBruneau Hunter SalterCarter, K Hutter Scalise


Curtis Kennard Smith, J.H.—8th

Dartez Lancaster StellyDevillier Landrieu StrainDiez LeBlanc SwillingDoerge Lucas ThompsonDonelon Martiny ToomyDowner McCallum TownsendDurand McDonald TricheErdey McMains TuckerFarrar McVea WaddellFaucheux Montgomery WalsworthFlavin Morrell WelchFrith Morrish WinstonFruge Murray WootonFutrell Nevers WrightGallot Odinet Total—104

NAYS Total—0

ABSENT

Baudoin Total—1

The amendments proposed by the Senate, having received a two-thirds vote of the elected members, were concurred in by the House.

Speaker Pro Tempore Bruneau in the Chair

HOUSE BILL NO. 1735—BY REPRESENTATIVE SCALISE

AN ACTTo amend and reenact R.S. 23:1031.1(D), (E)(introductory paragraph),

and (F) and 1293(B)(1) and to enact R.S. 23:1310.8(F), relative toworkers' compensation; to provide for the determination ofoccupational disease; to provide for accessibility to pleadings andevidence in workers' compensation disputes; to provide formotions for modification; and to provide for related matters.

Read by title.



Amendments proposed by Senator Dardenne to Reengrossed House BillNo. 1735 by Representative Scalise

AMENDMENT NO. 1

On page 1, line 3, after "enact" insert "R.S. 23:121(3)(c)(iii) and (v)and"

AMENDMENT NO. 2

On page 1, line 10, before "R.S. 23:1310.8(F)" insert "R.S.23:1221(3)(c)(iii) and (iv) and"

AMENDMENT NO. 3


2852

On page 1, line 10, change "is" to "are" Erdey Martiny Townsend

AMENDMENT NO. 4 Faucheux McDonald Wooton

On page 2, between lines 18 and 19, insert the following: Gallot Montgomery

"§1221. Temporary total disability; permanent total disability; Total—61supplemental earnings benefits; permanent partial disability; NAYSschedule of payments Compensation shall be paid under thisChapter in accordance with the following schedule of payments: Alexander, E Heaton Scalise

* * * Bowler Hutter Shaw

(3) Clarkson Kennard Smith, J.R.—30th

* * * Crowe Lancaster Strain

(c)(i) Dartez Morrish Triche

* * * Donelon Pinac Waddell

(iii) For purposes of Item (i) of this Subparagraph, the employment Fruge Powell Winstonor self-employment shall be deemed proven available to the employee Futrell Salterwhen such employment or self-employment has been identified by a Total—41vocational rehabilitation counselor who has notified the most current ABSENTtreating and examining physicians and the employee or his attorney ofthe available employment or self-employment during the time the Mr. Speaker Baudoin LeBlancposition is available. Total—3

(iv) For purposes of this Subparagraph (3)(c), a vocational The amendments proposed by the Senate were rejected.rehabilitation counselor shall not be required to obtain approval fromany physician of the employment or self-employment provided that the Conference committee appointment pending.employment or self-employment is within the physical restrictionsestablished by the physician or physicians who have treated or examinedthe employee.

* * *"

Rep. Scalise moved that the amendments proposed by the Senatebe concurred in.

As a substitute motion, Rep. Riddle moved that the amendmentsproposed by the Senate be rejected.

Rep. Scalise objected.


ROLL CALL


YEAS

Alario Green MurrayAnsardi Guillory NeversBaldone Hammett OdinetBaylor Hebert PierreBroome Hill PrattBruce Holden QuezaireCarter, K Hudson RichmondCarter, R Hunter RiddleCazayoux Iles RomeroCurtis Jackson, L SchwegmannDaniel Jackson, M Smith, G.—56thDevillier Johns Smith, J.D.—50thDoerge LaFleur StellyDowner Landrieu SwillingDurand Lucas Toomy

Farrar McCallum Welch

Flavin McVea Wright

Glover Morrell

Alexander, R Hopkins Schneider

Bruneau Katz Smith, J.H.—8th

Crane Kenney Sneed

Damico McMains Thompson

Diez Perkins Tucker

Frith Pitre Walsworth

HOUSE BILL NO. 1783—BY REPRESENTATIVES LEBLANC, DEWITT, AND TOWNSEND ANDSENATOR DARDENNE

AN ACTTo appropriate funds to defray the expenses of the Louisiana Judiciary,

including the Supreme Court, Courts of Appeal, District Courts,Criminal District Court of Orleans Parish, and other courts; and toprovide for related matters.

Read by title.

Motion

On motion of Rep. LeBlanc, the bill was returned to the calendar.

HOUSE BILL NO. 1825—BY REPRESENTATIVE LANCASTER

AN ACTTo amend and reenact R.S. 9:203(C), relative to persons who are

authorized to perform marriages; to provide for the authority ofretired justices of the peace to perform marriages; and to providefor related matters.

Read by title.



Amendments proposed by Senator BJones to Reengrossed House BillNo. 1825 by Senator Lancaster

AMENDMENT NO. 1

On page 1, line 14, after "Section" insert the following:


2853

"provided he registers to perform such ceremonies as required by provide conditions and limitations; to provide relative to a studentSection 204 of this Part" who initially qualifies for more than one program award; to refer

Rep. Lancaster moved that the amendments proposed by the for program administration; to provide for effectiveness; and toSenate be concurred in. provide for related matters.

ROLL CALL

The roll was called with the following result: The above bill was taken up with the amendments proposed by the

YEAS

Mr. Speaker Glover PerkinsAlario Green Pierre Amendments proposed by Senate Committee on Education toAlexander, E Guillory Pinac Reengrossed House Bill No. 1901 by Representative McDonald Alexander, R Hammett PitreAnsardi Heaton Powell AMENDMENT NO. 1Baldone Hebert PrattBaylor Hill Quezaire On page 1, line 3, after "(L)," delete the remainder of the line and insertBowler Holden Richmond "(P)(1)(a), and (Q)(1)(a) and (b), and to enact R.S. 17:3048.1(P)(5) andBroome Hopkins Riddle (Q)(5), relative to the"Bruce Hudson RomeroBruneau Hunter Salter AMENDMENT NO. 2Carter, K Hutter ScaliseCarter, R Iles Schneider On page 1, line 6, between "requirements," and "providing" insertCazayoux Jackson, L Schwegmann "citizenship requirements," and before "reducing" delete "and"Clarkson Jackson, M ShawCrane Johns Smith, G.—56th AMENDMENT NO. 3Crowe Katz Smith, J.D.—50thCurtis Kennard Smith, J.H.—8th On page 1, line 8, delete "performance;" and insert "performance, andDamico Kenney Smith, J.R.—30th providing that certain students shall not be eligible for Performance andDaniel LaFleur Sneed Honors awards after the 2001-2002 award year;"Dartez Lancaster StellyDevillier Landrieu Strain AMENDMENT NO. 4Diez LeBlanc SwillingDoerge Lucas Thompson On page 1, line 10, between "award;" and "to refer" insert "to requireDonelon Martiny Toomy that students graduating from out-of-state high schools meet certainDowner McCallum Townsend standards;"Durand McDonald TricheErdey McMains Tucker AMENDMENT NO. 5Farrar McVea WaddellFaucheux Montgomery Walsworth On page 1, line 15, after "(L)," insert "(P)(1)(a),"Flavin Morrell WelchFrith Morrish Winston AMENDMENT NO. 6Fruge Murray WootonFutrell Nevers Wright On page 1, line 16, after "reenacted" and before "to read" insert "andGallot Odinet R.S. 17:3048.1(P)(5) and (Q)(5) are hereby enacted" Total—104

NAYS AMENDMENT NO. 7 Total—0 On page 3, line 8, between "is" and "eligible" insert "a permanent

ABSENT resident, as defined by the United States Immigration and Naturalization

Baudoin States" Total—1

The amendments proposed by the Senate were concurred in by theHouse. On page 3, delete lines 10 through 13 and insert as follows:

HOUSE BILL NO. 1901—BY REPRESENTATIVE MCDONALD

AN ACTTo amend and reenact R.S. 17:3048.1(A)(1)(a)(iii) and (4)(a)(iii),

(C)(2)(f) and (h)(i), (K)(3)(a) and (b), (L), and (Q)(1)(a) and (b),relative to the Tuition Opportunity Program for Students; toprovide for initial and continuing program eligibility, includingrevising certain residency requirements, providing relative to testdates, and reducing the time period in which a student can regainprogram eligibility when lost due to academic performance; to

to court-ordered custodians rather than legal guardians; to provide

Read by title.

Senate.


Service, and" and at the end of the line change "such" to "such United

AMENDMENT NO. 8

"this Subparagraph. if within sixty days after the date the student attainsthe age of majority, the student applies to become a citizen of the UnitedStates and obtains such citizenship within one year after the date ofapplication."


2854


On page 6, after line 27, insert as follows: On page 1, line 2, after "R.S. 17:3048.1(A)(1)(a)(iii)" and before "and"

"P.(1) Notwithstanding any initial student eligibility requirementof this Chapter to the contrary, a student shall be eligible to receive a AMENDMENT NO. 2TOPS-Tech Award pursuant to this Section provided each of theapplicable following conditions are met: In Senate Committee Amendment No. 1 proposed by the Senate

(a) The student has been certified by the principal or headmaster on page 1, line 3, after "R.S. 17:3048.1" and before "(P)(5)" insertto have graduated during the 1996-1997 or the 1997-1998 school year "(A)(1)(b)(iii),"or thereafter from an out-of-state high school which has been approvedby the appropriate state educational agency in the state in which the AMENDMENT NO. 3school is located; from an out-of-state high school which is accreditedby the Southern Association of Colleges and Schools' Commission on On page 1, line 4, after "Students;" insert "to provide for alternateSecondary and Middle Schools and meets the standards adopted by the eligibility criteria for certain students who graduate from LouisianaState Board of Elementary and Secondary Education for approval of public and approved nonpublic high schools to qualify for thenonpublic schools in Louisiana or, for students certified to have Opportunity and TOPS-Tech awards beginning with the 2001-2002graduated during the 1999-2000 school year or thereafter, from an out- graduates;"of-state high school which is accredited by a regional accreditingorganization recognized by the United States Department of Education AMENDMENT NO. 4and meets the standards adopted by the State Board of Elementary andSecondary Education for approval of nonpublic schools in Louisiana; or On page 1, line 14, after "R.S. 17:3048.1(A)(1)(a)(iii)" and beforefrom a high school which has been approved by the United States "and" insert ", (2)," and before "(C)(2)(f)" insert "(B)(2)(a),"Department of Defense.

* * *

(5) No initial award pursuant to the provisions of Paragraphs (3) Committee on Education and adopted by the Senate on May 29, 2001,and (4) of this Subsection shall be made after the 2001-2002 award on page 1, line 19, after "R.S. 17:3048.1" and before "(P)(5)" insertyear." "(A)(1)(b)(iii),"


On page 7, between lines 20 and 21 insert as follows: On page 3, between lines 14 and 15, insert as follows:

"(5) No initial award pursuant to the provisions of Paragraphs (3) "(b)and (4) of this Subsection shall be made after the 2001-2002 awardyear." * * *


Amendments proposed by Legislative Bureau to Reengrossed House Section to have graduated from a Louisiana public high school or anBill No. 1901 by Representative McDonald approved nonpublic high school and otherwise meets the requirements

AMENDMENT NO. 1 average or fails to complete the core curriculum defined in

In Senate Committee Amendment No. 10 proposed by the Senate the 1990 version of the American College Test which is at least threeCommittee on Education and adopted by the Senate on May 29, 2001, points higher than that otherwise required by this Section or anfollowing line 31 insert asterisks " * * * " equivalent concordant value on an enhanced or revised version of such


Amendments proposed by Senator Theunissen to Reengrossed House * * *Bill No. 1901 by Representative McDonald

AMENDMENT NO. 1 accordance with Subparagraph (A)(1)(b), who enrolled in any public

On page 4, line 27, change "20 U.S.C. 1087 (II)" to "20 U.S.C. 1087ll"


Amendments proposed by Senator W. Fields to Reengrossed House BillNo. 1901 by Representative McDonald

insert ", (2)," and before "(C)(2)(f)" insert "(B)(2)(a),"

Committee on Education and adopted by the Senate on May 29, 2001,

AMENDMENT NO. 5

In Senate Committee Amendment No. 6 proposed by the Senate

(iii) Beginning with the 2001-2002 school year and thereafter, anystudent who has been certified as provided in Subsection D of this

of this Subparagraph but fails to earn the required minimum grade point

Subparagraph (e) of this Paragraph, but who has a composite score on

test or the Scholastic Aptitude Test shall also be deemed to meet therequirements of this Subparagraph for the purposes of this program.

(2) Any student who applies for an Opportunity Award in

college or university in the state to pursue an academic undergraduatedegree or skill or occupational training, including a vocational ortechnical education certificate or diploma program or a nonacademicundergraduate degree, and who meets the qualifications enumerated inSubparagraphs (A)(1)(a), (e) except as otherwise provided for in (b),and (f), shall be awarded by the state an amount determined by theadministering agency to equal the tuition charged by the public collegeor university attended in the state. For any student who meets suchqualifications and who has enrolled at any regionally accreditedindependent college or university in the state which is a member of theLouisiana Association of Independent Colleges and Universities topursue an academic undergraduate degree or skill or occupational


2855

training, including a vocational or technical education certificate or Broome Hopkins Romerodiploma program or a nonacademic undergraduate degree, the state shall Bruce Hudson Salteraward an amount to be determined by the administering agency to equal Bruneau Hunter Scalisethe weighted average of amounts paid under this Section for students Carter, K Hutter Schneiderattending public colleges and universities that offer academic Carter, R Iles Schwegmannundergraduate degrees at the baccalaureate level or an amount to be Cazayoux Jackson, M Shawdetermined by the administering agency to equal the weighted average Clarkson Johns Smith, G.—56thof amounts paid under this Section for students attending public colleges Crane Katz Smith, J.D.—50thand universities who are enrolled in the permitted skill or occupational Crowe Kennard Smith, J.H.—8thtraining, as may be applicable. Curtis Kenney Smith, J.R.—30th

* * *" Daniel Lancaster Stelly

AMENDMENT NO. 7 Devillier LeBlanc Swilling

On page 4, between lines 17 and 18, insert as follows: Doerge Martiny Toomy

"B. Downer McDonald Triche

* * * Erdey McVea Waddell

(2) As part of the Louisiana Tuition Opportunity Program for Faucheux Morrell WelchStudents, the state shall award an amount determined by the Flavin Morrish Winstonadministering agency to equal the actual cost of tuition of any student Frith Murray Wootonwho enrolls on a full-time basis in a Louisiana public postsecondary Fruge Nevers Wrightinstitution to pursue skill or occupational training, including a vocational Futrell Odinetor technical education certificate or diploma program or a nonacademic Gallot Perkinsundergraduate degree, and who meets the following qualifications and Total—103all other applicable qualifications of this Chapter: NAYS

(a)(i) Complies with the provisions of Subparagraphs (A)(1)(a) and(b) of this Section, except that enrollment shall be in a Louisiana publicpostsecondary institution and except that the student shall have acomposite score on the specified American College Test of nineteen orhigher or an equivalent concordant value on any enhanced or revisedversion of such test or on the Scholastic Aptitude Test.

(ii) Beginning with the 2001-2002 school year and thereafter, anystudent who has been certified as provided in Subsection D of thisSection to have graduated from a Louisiana public high school or anapproved nonpublic high school and otherwise meets the requirementsof this Subparagraph but fails to earn the required minimum grade pointaverage or fails to complete the core curriculum defined in thisParagraph, but who has a composite score on the 1990 version of theAmerican College Test which is at least three points higher than thatotherwise required by this Subparagraph or an equivalent concordantvalue on an enhanced or revised version of such test or the ScholasticAptitude Test shall also be deemed to meet the requirements of thisSubparagraph for the purposes of this program.

* * *"

Rep. McDonald moved that the amendments proposed by theSenate be rejected.

ROLL CALL


YEAS

Mr. Speaker Glover PierreAlario Green PinacAlexander, E Guillory PitreAlexander, R Hammett PowellAnsardi Heaton PrattBaldone Hebert QuezaireBaylor Hill RichmondBowler Holden Riddle

Damico LaFleur Sneed

Dartez Landrieu Strain

Diez Lucas Thompson

Donelon McCallum Townsend

Durand McMains Tucker

Farrar Montgomery Walsworth

Jackson, L Total—1

ABSENT

Baudoin Total—1




AN ACTTo enact R.S. 17:3048.1(A)(1)(c)(iii), relative to the Tuition

Opportunity Program for Students Performance Award; to provideeligibility requirements for an initial award; to provide conditionsand limitations; to provide for an effective date; and to provide forrelated matters.

Read by title.



Amendments proposed by Senate Committee on Education toEngrossed House Bill No. 1945 by Representative Martiny

AMENDMENT NO. 1

On page 2, line 24, after "based on" change "five" to "ten"

AMENDMENT NO.

On page 2, line 25, after "courses" insert "and the high school awardsgrades for honors courses on a 5.0 scale"



2856

Amendments proposed by Senator BJones to Engrossed House Bill No.1945 by Representative Martiny

AMENDMENT NO. 1


"(dd) No student shall receive an initial award under the provisionsof this Subsubparagraph beginning with the 2003-2004 school year orthereafter. However, any student granted an award pursuant to theprovision of this Subsubparagraph prior to the 2003-2004 school yearmay continue under such award as long as continuation requirementsin this Section are met."

Rep. Martiny moved that the amendments proposed by the Senatebe concurred in.

ROLL CALL


YEAS

Mr. Speaker Green PerkinsAlario Guillory PierreAlexander, E Hammett PinacAlexander, R Heaton PitreAnsardi Hebert PowellBaldone Hill PrattBaylor Holden QuezaireBowler Hopkins RichmondBroome Hudson RiddleBruce Hunter RomeroBruneau Hutter SalterCarter, R Iles ScaliseCazayoux Jackson, L SchneiderClarkson Jackson, M SchwegmannCrane Johns ShawCrowe Katz Smith, G.—56thCurtis Kennard Smith, J.D.—50thDamico Kenney Smith, J.H.—8thDaniel LaFleur Smith, J.R.—30thDevillier Lancaster SneedDiez Landrieu StellyDoerge LeBlanc StrainDonelon Lucas SwillingDowner Martiny ThompsonDurand McCallum ToomyErdey McDonald TownsendFarrar McMains TricheFaucheux McVea TuckerFlavin Montgomery WaddellFrith Morrell WalsworthFruge Morrish WelchFutrell Murray WinstonGallot Nevers WootonGlover Odinet Wright Total—102

NAYS Total—0

ABSENT

Baudoin Carter, K Dartez Total—3


HOUSE BILL NO. 2007—BY REPRESENTATIVE ALARIO

AN ACTTo amend and reenact R.S. 17:3351(A)(introductory paragraph) and to

enact R.S. 17:3351(A)(5)(b)(vi), relative to the powers, duties, andresponsibilities of public postsecondary education managementboards; to authorize the public postsecondary educationmanagement boards to establish and adjust tuition and mandatoryattendance fee amounts applicable to students who are Louisianaresidents; to provide limitations; to provide for an effective date;and to provide for related matters.

Read by title.



Amendments proposed by Senate Committee on Finance to EngrossedHouse Bill No. 2007 by Representative Alario

AMENDMENT NO. 1

On page 1, line 3, after "R.S. 17:3351(A)(5)(b)(vi)" insert "and1855(C)"

AMENDMENT NO. 2

On page 1, line 7, after "residents;" insert "to authorize the Board ofSupervisors of Southern University and Agricultural and MechanicalCollege to impose certain program fee amounts;"

AMENDMENT NO. 3

On page 1, line 12, delete "R.S. 17:3351(A)(5)(b)(vi) is" and insert inlieu thereof:

"R.S. 17:3351(A)(5)(b)(vi) and 1855(C) are"

AMENDMENT NO. 4


"§1855. Student tuition and attendance fees; program fees; authorityto impose

* * *"

R.S. 17:1855(C) is all proposed new law.

C. In addition to the authority granted the Board of Supervisorsof Southern University and Agricultural and Mechanical College byR.S. 17:3351(A)(5) and in accordance with the provisions of ArticleVII, Section 2.1 of the Constitution of Louisiana, the board may imposea program fee not to exceed two hundred dollars per student persemester, for students at Southern University at Shreveport pursuing theclinical portion of their studies in allied health programs, subject to theapproval of the Joint Legislative Committee on the Budget.

* * *"


Amendments proposed by Senate Committee on Education toEngrossed House Bill No. 2007 by Representative Alario

AMENDMENT NO.1

On page 1, line 8, after "date;" insert "to provide for a termination of theauthority;"


2857

AMENDMENT NO. 2 damages as a result of a breach of confidentiality; and to provide

On page 2, line 19, after "Budget." insert "The authority granted by theprovisions of this Item shall terminate July 1, 2005." Read by title.

Rep. Alario moved that the amendments proposed by the Senate The above bill was taken up with the amendments proposed by thebe concurred in. Senate.

ROLL CALL SENATE FLOOR AMENDMENTS

The roll was called with the following result: Amendments proposed by Senator C. Jones to Reengrossed House Bill

YEAS

Mr. Speaker Glover PierreAlario Green Pinac On page 1, line 2, change "R.S. 23:1127.1" to "Subpart F-1 of ChapterAlexander, E Guillory Pitre 10 of Title 23 of the Louisiana Revised Statutes of 1950, comprised ofAlexander, R Hammett Powell R.S. 23:1131""Ansardi Heaton PrattBaldone Hebert Quezaire AMENDMENT NO. 2Baylor Hill RichmondBowler Holden Riddle On page 1, line 8, change "R.S. 23:1127.1" to "Subpart F-1 of ChapterBroome Hopkins Romero 10 of Title 23 of the Louisiana Revised Statutes of 1950, to beBruce Hudson Salter comprised of R.S. 23:1131,"Bruneau Hunter ScaliseCarter, K Hutter Schneider AMENDMENT NO. 3Carter, R Iles SchwegmannCazayoux Jackson, L Shaw On page 1, between lines 8 and 9, insert "SUBPART F-1.Clarkson Jackson, M Smith, G.—56th EMPLOYEE EARNINGS"Crane Johns Smith, J.D.—50thCrowe Katz Smith, J.H.—8th AMENDMENT NO. 4Curtis Kennard Smith, J.R.—30thDamico Kenney Sneed On page 1, line 9, change "1127.1" to"1131"Daniel LaFleur StellyDartez Lancaster Strain Rep. Pitre moved that the amendments proposed by the Senate beDevillier Landrieu Swilling concurred in.Diez LeBlanc ThompsonDoerge Lucas ToomyDonelon Martiny TownsendDowner McCallum Triche The roll was called with the following result:Durand McDonald TuckerErdey McMains Waddell YEASFarrar McVea WalsworthFaucheux Montgomery Welch Mr. Speaker Green PierreFlavin Morrell Winston Alario Guillory PinacFrith Morrish Wooton Alexander, E Hammett PitreFruge Murray Wright Alexander, R Heaton PowellFutrell Nevers Ansardi Hebert PrattGallot Odinet Baldone Hill Quezaire Total—103 Baylor Holden Richmond

NAYS Bowler Hopkins Riddle

Perkins Bruce Hunter Salter Total—1 Bruneau Hutter Scalise

ABSENT Carter, K Iles Schneider

Baudoin Clarkson Jackson, M Shaw Total—1 Crane Johns Smith, G.—56th

The amendments proposed by the Senate were concurred in by the Curtis Kennard Smith, J.H.—8thHouse. Damico Kenney Smith, J.R.—30th

HOUSE BILL NO. 2045 (Substitute for House Bill No. 806 byRepresentative Pitre)—BY REPRESENTATIVE PITRE

AN ACTTo enact R.S. 23:1127.1, relative to workers' compensation; to allow

and institute a procedure for access to employee earnings records;to provide confidentiality for information received; to provide for

for related matters.

No. 2045 by Representative Pitre

AMENDMENT NO. 1

ROLL CALL

Broome Hudson Romero


Crowe Katz Smith, J.D.—50th

Daniel LaFleur SneedDartez Lancaster StellyDevillier Landrieu StrainDiez LeBlanc SwillingDoerge Lucas ThompsonDonelon Martiny ToomyDowner McCallum TownsendDurand McDonald Triche


2858

Erdey McMains TuckerFarrar McVea Waddell YEASFaucheux Montgomery WalsworthFlavin Morrell Welch Mr. Speaker Glover PerkinsFrith Morrish Winston Alario Green PierreFruge Murray Wooton Alexander, E Guillory PinacFutrell Nevers Wright Alexander, R Hammett PitreGallot Odinet Ansardi Heaton PowellGlover Perkins Baldone Hebert Pratt Total—103 Baylor Hill Quezaire

NAYS Bowler Holden Richmond Broome Hopkins Riddle Total—0 Bruce Hudson Romero

ABSENT Bruneau Hunter Salter

Baudoin Carter, R Carter, R Iles Schneider Total—2 Cazayoux Jackson, L Schwegmann

The amendments proposed by the Senate were concurred in by the Crane Johns Smith, G.—56thHouse. Crowe Katz Smith, J.D.—50th

HOUSE BILL NO. 2046 (Substitute for House Bill No. 1593 byRepresentative Damico)—BY REPRESENTATIVE DAMICO

AN ACTTo 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 Fundand underground storage tanks; to provide for the funding anduses of the Tank Trust Fund; to provide for the use of the interest;to provide for ownership; to provide for abandoned undergroundstorage tanks; to provide for liens and privileges for costs incurredby the state; and to provide for related matters.

Read by title.



Amendments proposed by Senate Committee on Environmental Qualityto Reengrossed House Bill No. 2046 by Representative Damico

AMENDMENT NO. 1

On page 1, line 2, after "To" delete "amend and reenact R.S. 30:2195.6and to"

AMENDMENT NO. 2

On page 1, line 5, after "Fund;" delete the remainder of the line andinsert "to provide for"

AMENDMENT NO. 3

On page 1, delete line 10 and insert "Section 1. R.S."

AMENDMENT NO. 4


Rep. Damico moved that the amendments proposed by the Senatebe concurred in.

ROLL CALL


Carter, K Hutter Scalise

Clarkson Jackson, M Shaw

Curtis Kennard Smith, J.H.—8thDamico Kenney Smith, J.R.—30thDartez Lancaster SneedDevillier Landrieu StellyDiez LeBlanc StrainDoerge Lucas SwillingDonelon Martiny ThompsonDowner McCallum ToomyDurand McDonald TownsendErdey McMains TricheFarrar McVea TuckerFaucheux Montgomery WaddellFlavin Morrell WalsworthFrith Morrish WelchFruge Murray WinstonFutrell Nevers WootonGallot Odinet Wright Total—102

NAYS Total—0

ABSENT

Baudoin Daniel LaFleur Total—3


Motion

Rep. Alario moved to reconsider the vote by which the SenateAmendments to House Bill No. 1042 were rejected.

Rep. Perkins objected.

By a vote of 63 yeas and 35 nays, the vote by which the SenateAmendments to House Bill No. 1042 were rejected was reconsidered.

Lies over under the rules.

Conference Committee Appointment The Speaker appointed the following conferees on the part of the


2859

House to confer with a like committee from the Senate on thedisagreement to House Bill No. 52: Reps. Bowler, Diez, and Riddle.

Conference Committee Appointment

The Speaker appointed the following conferees on the part of the Murray.House to confer with a like committee from the Senate on thedisagreement to House Bill No. 390: Reps. Toomy, McMains, andMurray.


The Speaker appointed the following conferees on the part of the Lancaster.House to confer with a like committee from the Senate on thedisagreement to House Bill No. 437: Reps. Pinac, Donelon, andMorrish.


The Speaker appointed the following conferees on the part of the Alario.House to confer with a like committee from the Senate on thedisagreement to House Bill No. 508: Reps. Daniel, LeBlanc, andTucker.


The Speaker appointed the following conferees on the part of the Hunter.House to confer with a like committee from the Senate on thedisagreement to House Bill No. 597: Reps. Bowler, Guillory, and Pitre.


The Speaker appointed the following conferees on the part of the disagreement to Senate Bill No. 929: Reps. Martiny, Murray, andHouse to confer with a like committee from the Senate on the Hebert.disagreement to House Bill No. 1339: Reps. Schneider, Doerge, andSalter.


The Speaker appointed the following conferees on the part of the disagreement to House Bill No. 1735: Reps. Scalise, Guillory, andHouse to confer with a like committee from the Senate on the Riddle.disagreement to House Bill No. 1343: Reps. Doerge, Schneider, andSalter.


The Speaker appointed the following conferees on the part of the disagreement to House Bill No. 1901: Reps. McDonald, Crane, andHouse to confer with a like committee from the Senate on the Karen Carter.disagreement to House Bill No. 1563: Reps. Martiny, Lancaster, andHebert.


The Speaker appointed the following conferees on the part of the disagreement to Senate Bill No. 1045: Reps. Schneider, Doerge, andHouse to confer with a like committee from the Senate on the Murray.disagreement to House Bill No. 1612: Reps. Thompson, Broome, andHammett.


The Speaker appointed the following conferees on the part of theHouse to confer with a like committee from the Senate on thedisagreement to House Bill No. 1834: Reps. Lancaster, Scalise, and


The Speaker appointed the following conferees on the part of theHouse to confer with a like committee from the Senate on thedisagreement to House Bill No. 2056: Reps. Scalise, Bruneau, and


The Speaker appointed the following conferees on the part of theHouse to confer with a like committee from the Senate on thedisagreement to Senate Bill No. 289: Reps. Martiny, Hammett, and


The Speaker appointed the following conferees on the part of theHouse to confer with a like committee from the Senate on thedisagreement to Senate Bill No. 442: Reps. Devillier, Martiny, and


The Speaker appointed the following conferees on the part of theHouse to confer with a like committee from the Senate on the








On motion of Rep. Daniel, the rules were suspended in order totake up and consider Conference Committee Reports for Considerationat this time.

Conference Committee Reports for Consideration

The following Conference Committee Reports were taken up andacted upon as follows:


2860

CONFERENCE COMMITTEE REPORT

House Bill No. 461 By Representatives Daniel and Clarkson

June 14, 2001

To the Honorable Speaker and Members of the House ofRepresentatives and the Honorable President and Members of theSenate.

Ladies and Gentlemen:

We, the conferees appointed to confer over the disagreementbetween the two houses concerning House Bill No. 461 byRepresentatives Daniel and Clarkson, recommend the followingconcerning the engrossed bill:

1. That the set of Senate Floor Amendments proposed by SenatorIrons and adopted by the Senate on June 11, 2001, be rejected.


Representative William B. Daniel, IVRepresentative James DonelonSenator Paulette R. IronsSenator Gregory TarverSenator Jerry Thomas

Rep. Daniel moved to adopt the Conference Committee Report.

ROLL CALL


YEAS

Mr. Speaker Glover PierreAlario Green PinacAlexander, E Guillory PitreAlexander, R Hammett PowellAnsardi Hebert PrattBaldone Hill QuezaireBaylor Holden RichmondBowler Hopkins RiddleBroome Hudson RomeroBruce Hunter SalterBruneau Hutter ScaliseCarter, K Iles SchneiderCarter, R Jackson, L SchwegmannCazayoux Jackson, M ShawClarkson Johns Smith, G.—56thCrane Katz Smith, J.D.—50thCrowe Kennard Smith, J.H.—8thCurtis Kenney Smith, J.R.—30thDamico LaFleur SneedDaniel Lancaster StellyDartez Landrieu StrainDevillier LeBlanc SwillingDiez Lucas ThompsonDoerge McCallum ToomyDonelon McDonald TownsendDowner McMains TricheDurand McVea TuckerErdey Montgomery WaddellFarrar Morrell WalsworthFaucheux Morrish WelchFlavin Murray WinstonFrith Nevers WootonFutrell Odinet WrightGallot Perkins Total—101

NAYS Total—0

ABSENT

Baudoin HeatonFruge Martiny Total—4

The Conference Committee Report was adopted.


House Bill No. 1712 By Representative Nevers

June 15, 2001

To the Honorable Speaker and Members of the House ofRepresentatives and the Honorable President and Members of theSenate.

Ladies and Gentlemen:

We, the conferees appointed to confer over the disagreementbetween the two houses concerning House Bill No. 1712 byRepresentative Nevers, recommend the following concerning theengrossed bill:

1. That Senate Committee Amendment No. 1 proposed by theSenate Committee on Transportation, Highways, and PublicWorks and adopted by the Senate on May 14, 2001, be adopted.

2. That all Senate Floor Amendments proposed by Senator Smithand adopted by the Senate on June 5, 2000, be rejected.


Representative Ben W. NeversRepresentative John C. "Juba" DiezRepresentative Robert J. "Robby" CarterSenator Jerry ThomasSenator Francis C. Heitmeier

Rep. Nevers moved to adopt the Conference Committee Report.

ROLL CALL


YEAS

Mr. Speaker Glover PerkinsAlario Green PierreAlexander, E Guillory PinacAlexander, R Hammett PitreAnsardi Heaton PowellBaldone Hebert PrattBaylor Hill QuezaireBowler Holden RichmondBroome Hopkins RiddleBruce Hudson RomeroBruneau Hunter SalterCarter, K Hutter ScaliseCarter, R Iles SchneiderCazayoux Jackson, L SchwegmannClarkson Jackson, M ShawCrane Johns Smith, G.—56thCrowe Katz Smith, J.D.—50thCurtis Kennard Smith, J.H.—8th


2861

Damico Kenney Smith, J.R.—30th Alexander, R Hammett PitreDaniel LaFleur Sneed Ansardi Heaton PowellDartez Lancaster Stelly Baldone Hebert PrattDevillier Landrieu Strain Baylor Hill QuezaireDiez LeBlanc Swilling Bowler Holden RichmondDoerge Lucas Thompson Broome Hopkins RiddleDonelon Martiny Toomy Bruce Hudson RomeroDowner McCallum Townsend Bruneau Hunter SalterDurand McDonald Triche Carter, K Hutter ScaliseErdey McMains Tucker Carter, R Iles SchneiderFarrar McVea Waddell Cazayoux Jackson, L SchwegmannFaucheux Montgomery Walsworth Clarkson Jackson, M ShawFlavin Morrell Welch Crane Johns Smith, G.—56thFrith Morrish Winston Crowe Katz Smith, J.D.—50thFruge Murray Wooton Curtis Kennard Smith, J.H.—8thFutrell Nevers Wright Damico Kenney Smith, J.R.—30thGallot Odinet Daniel LaFleur Sneed Total—104 Dartez Lancaster Stelly

NAYS Devillier Landrieu Strain Diez LeBlanc Swilling Total—0 Doerge Lucas Thompson

ABSENT Donelon Martiny Toomy

Baudoin Durand McDonald Triche Total—1 Erdey McMains Tucker

The Conference Committee Report was adopted. Faucheux Montgomery Walsworth


House Bill No. 1864 By Representative Diez

June 15, 2001 Total—104

To the Honorable Speaker and Members of the House of Representatives and the Honorable President and Members of the Total—0Senate. ABSENT

Ladies and Gentlemen: Baudoin

We, the conferees appointed to confer over the disagreementbetween the two houses concerning House Bill No. 1864 by The Conference Committee Report was adopted.Representative Diez, recommend the following concerning theengrossed bill:

1. That the set of Senate Floor amendments proposed by SenatorMcPherson and adopted by the Senate on June 12, 2001, berejected.


Representative John C. "Juba" Diez Representatives and the Honorable President and Members of theRepresentative Jim Tucker Senate.Representative Roy Quezaire, Jr.Senator Francis C. Heitmeier Ladies and Gentlemen:Senator Joe McPhersonSenator Arthur J. "Art" Lentini We, the conferees appointed to confer over the disagreement

Rep. Diez moved to adopt the Conference Committee Report. 180 by Representative Futrell, recommend the following concerning the

ROLL CALL

The roll was called with the following result: Senate Committee on Transportation, Highways and Public Works

YEAS adopted.

Mr. Speaker Glover Perkins 2. That the following amendments to the reengrossed resolution beAlario Green Pierre adopted:Alexander, E Guillory Pinac

Downer McCallum Townsend

Farrar McVea Waddell

Flavin Morrell WelchFrith Morrish WinstonFruge Murray WootonFutrell Nevers WrightGallot Odinet

NAYS

Total—1


House Concurrent Resolution No. 180 By Representative Futrell

June 15, 2001

To the Honorable Speaker and Members of the House of

between the two houses concerning House Concurrent Resolution No.

reengrossed bill:

1. That the set of Senate Committee Amendments proposed by the

Committee and adopted by the Senate on June 7, 2001, be


2862

AMENDMENT NO. 1

On page 3, delete lines 1 through 4 in their entirety and insert thefollowing:

"(1) One member appointed by the chairman of the HouseTransportation, Highways and Public Works Committee.

(2) One member appointed by the chairman of the SenateTransportation, Highways and Public Works Committee."

AMENDMENT NO. 2


"(o) Mechanical Contractors Association of Louisiana."

AMENDMENT NO. 3

On page 3, line 23, after "his" delete the remainder of the line and insertthe following:

"appointment the chairman of the House Transportation, Highways andPublic Works Committee shall"

AMENDMENT NO. 4

On page 3, line 24, after "designate" and before "he" delete "one of themembers" and insert "the member"

AMENDMENT NO. 5

On page 4, at the end of line 4, delete "House" and at the beginning ofline 5 delete "of Representatives and the Senate" and insert "Departmentof Transportation and Development"

AMENDMENT NO. 6

On page 4, line 5, after "force" insert a period "." delete the remainderof the line and delete lines 6 through 9 in their entirety and insert "Thetask"


Representative Mike FutrellRepresentative Charles D. Lancaster, Jr.Representative John C. "Juba" DiezSenator Francis C. HeitmeierSenator Tom SchedlerSenator John L. "Jay" Dardenne

On motion of Rep. Futrell, the Conference Committee Report wasadopted.

Speaker DeWitt in the Chair


On motion of Rep. Bruneau, the rules were suspended in order totake up and consider Senate Bills and Joint Resolutions on ThirdReading and Final Passage at this time.

Senate Bills and Joint Resolutions onThird Reading and Final Passage

The following Senate Bills and Joint Resolutions on third readingand final passage were taken up and acted upon as follows:

Regular Calendar

SENATE BILL NO. 5—BY SENATORS CAMPBELL AND MCPHERSON

A JOINT RESOLUTIONProposing to amend Article III, Section 2(A)(1) of the Constitution of

Louisiana, relative to the legislative branch; to limit the number ofbills a legislator may introduce for a regular session of thelegislature to fifteen; to provide for exceptions; and to specify anelection for submission of the proposition to electors and providea ballot proposition.

Read by title.

Rep. Hebert sent up floor amendments which were read as follows:

HOUSE FLOOR AMENDMENTS

Amendments proposed by Representative Hebert to Engrossed SenateBill No. 5 by Senator Campbell

AMENDMENT NO. 1

On page 1, line 2, after "Section 2. (A)(1)" insert "and (B)"

AMENDMENT NO. 2

On page 1, line 5, after "exceptions;" insert "to provide for extraordinarysessions of the legislature and legislation to be considered."

AMENDMENT NO. 3

On page 2, line 9, delete "ten" and insert "two"

AMENDMENT NO. 4


"(B)(1) Extraordinary Session. The legislature may be convenedat other times by the governor and shall be convened by the presidingofficers of both houses upon written petition of a majority of the electedmembers of each house. The form of the petition shall be provided bylaw. At least five days prior to convening the legislature in extraordinarysession, the governor or the presiding officers, as the case may be, shallissue a proclamation stating the objects of the session, the date on whichit shall convene, and the number of days for which it is convened. Thepower to legislate shall be limited, under penalty of nullity, to the objectsspecifically enumerated in the proclamation. to legislation which isgermane to the objects in the proclamation issued by the governor. Thesession shall be limited to the number of days stated which shall notexceed thirty calendar days.

(B)(2) The provisions of Article 3, Section 2(B)(1) as approved bythe electors shall become effective on January 1, 2004."

AMENDMENT NO. 5

On page 2, at the beginning of line 26, insert "(1)"

AMENDMENT NO. 6

On page 3, line 4, change "ten" to "two"

AMENDMENT NO. 7



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"(2) To provide that legislation to be considered in extraordinary Rep. Jack Smith objected.sessions shall be germane to the objects contained in the proclamationissued by the governor." By a vote of 50 yeas and 50 nays, the House refused to call the bill

Motion

Rep. Downer moved that the bill be returned to the calendar.

Rep. Bruneau objected. the above roll call was corrected to reflect him as voting yea.

A record vote was asked for and ordered by the House.

ROLL CALL


YEAS

Alario Guillory PinacBaldone Heaton PitreBaylor Hebert PowellBowler Holden PrattBroome Hopkins QuezaireCarter, R Jackson, M RichmondCrane Johns RiddleCurtis Katz RomeroDamico Kennard SchneiderDaniel Kenney ShawDevillier Lancaster Smith, G.—56thDiez LeBlanc Smith, J.D.—50thDonelon Martiny StellyDowner McDonald StrainDurand McMains ToomyErdey Morrell TuckerFarrar Morrish WalsworthFaucheux Murray WelchFlavin Nevers WootonFrith OdinetGreen Pierre Total—61

NAYS

Mr. Speaker Gallot SalterAlexander, E Glover ScaliseAlexander, R Hill SchwegmannAnsardi Hudson Smith, J.H.—8thBruce Hutter Smith, J.R.—30thBruneau Iles SneedCarter, K Jackson, L ThompsonCazayoux LaFleur TownsendClarkson McCallum TricheDoerge McVea WaddellFruge Montgomery WinstonFutrell Perkins Total—35

ABSENT

Baudoin Hammett LucasCrowe Hunter SwillingDartez Landrieu Wright Total—9

The House returned the bill to the calendar.

Motion

Rep. Hutter moved to call Senate Bill No. 409 from the calendar.

from the calendar.


On motion of Rep. Faucheux, and under a suspension of the rules,

SENATE BILL NO. 989—BY SENATOR MICHOT

AN ACTTo enact Subpart F-2 of Part II of Chapter 9 of Title 33 of the Louisiana

Revised Statutes of 1950, to be comprised of R.S. 33:4065.11through 4065.14, relative to sewerage disposal districts; to createthe Broussard Environmental Service and Enhancement Districtwithin Lafayette Parish; to provide for the composition, term,compensation and quorum of the district; to provide for thedistrict's powers and funding; and to provide for related matters.

Called from the calendar.

Read by title.

Rep. LeBlanc sent up floor amendments which were read asfollows:

HOUSE FLOOR AMENDMENTS

Amendments proposed by Representatives Pierre and LeBlanc toEngrossed Senate Bill No. 989 by Senator Michot

AMENDMENT NO. 1

On page 1, line 5, after "within", insert "the city of Broussard,"

AMENDMENT NO. 2

On page 2, at the beginning of line 3, insert "A."

AMENDMENT NO. 3


"B. Notwithstanding any other provision herein to the contrary,the district may not, without prior approval of the Lafayette ParishConsolidated Government, contract to provide sewerage collection,disposal, or treatment services with any person other than the town orcity of Broussard, or any entity located within the corporate limits of thetown or city of Broussard."

On motion of Rep. LeBlanc, the amendments were adopted.

Rep. LeBlanc moved the final passage of the bill, as amended.

ROLL CALL


YEAS

Mr. Speaker Green PinacAlario Guillory PitreAlexander, E Hammett PowellAlexander, R Heaton PrattAnsardi Hill QuezaireBaldone Holden RichmondBaylor Hopkins Riddle


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Bowler Hudson RomeroBruce Hunter SalterBruneau Hutter ScaliseCarter, K Iles SchneiderCarter, R Jackson, L SchwegmannCazayoux Jackson, M ShawClarkson Johns Smith, G.—56thCrane Katz Smith, J.D.—50thCrowe Kennard Smith, J.H.—8thCurtis Kenney Smith, J.R.—30thDamico LaFleur SneedDaniel Landrieu StellyDevillier LeBlanc StrainDiez Martiny SwillingDoerge McCallum ThompsonDonelon McDonald ToomyDowner McMains TownsendErdey McVea TricheFarrar Montgomery TuckerFaucheux Morrell WaddellFlavin Morrish WalsworthFrith Murray WelchFruge Nevers WinstonFutrell Odinet WootonGallot Perkins WrightGlover Pierre Total—98

NAYS

Durand Total—1

ABSENT

Baudoin Dartez LancasterBroome Hebert Lucas Total—6

The Chair declared the above bill was finally passed.

Rep. LeBlanc moved to reconsider the vote by which the above billwas finally passed, and, on his own motion, the motion to reconsiderwas laid on the table.


On motion of Rep. Farrar, the rules were suspended in order totake up and consider Introduction of Resolutions at this time.

Introduction of Resolutions,House and House Concurrent

The following members introduced the following entitled Houseand House Concurrent Resolutions, which were read the first time bytheir titles and placed upon the calendar for their second reading:

HOUSE RESOLUTION NO. 139—BY REPRESENTATIVES FARRAR, DEWITT, AND HEBERT

A RESOLUTIONTo express the condolences of the House of Representatives upon the

death of Mr. John Hill Peach, III of Alexandria.

Read by title.

On motion of Rep. Farrar, and under a suspension of the rules, theresolution was adopted.

HOUSE RESOLUTION NO. 140—BY REPRESENTATIVE THOMPSON

A RESOLUTIONTo request that the House Committee on Transportation, Highways and

Public Works study issues relating to safety at railroad gradecrossings.

Read by title.

On motion of Rep. Thompson, and under a suspension of therules, the resolution was adopted.

HOUSE RESOLUTION NO. 141—BY REPRESENTATIVES HEBERT AND ROMERO

A RESOLUTIONTo commend Frank Falcon upon the occasion of his retirement as an

instructor of communications electronics and computer technologyat Louisiana Technical College - Teche Area Campus.

Read by title.

On motion of Rep. Hebert, and under a suspension of the rules, theresolution was adopted.

HOUSE RESOLUTION NO. 142—BY REPRESENTATIVE MORRELL

A RESOLUTIONTo authorize and request the House Committee on Insurance to study

the lowering of automobile insurance rates.

Read by title.

On motion of Rep. Morrell, and under a suspension of the rules,the resolution was adopted.

HOUSE RESOLUTION NO. 143—BY REPRESENTATIVE RICHMOND

A RESOLUTIONTo express the condolences of the House of Representatives upon the

death of Shawnderlyn "Shawny" Theresa McCloud of NewOrleans.

Read by title.

On motion of Rep. Richmond, and under a suspension of the rules,the resolution was adopted.

HOUSE RESOLUTION NO. 144—BY REPRESENTATIVES WALSWORTH, DOWNER, ERDEY, HEBERT,PITRE, SCALISE, AND SNEED

A RESOLUTIONTo urge and request the governor to include legislation to repeal the

reduction of the excess itemized deduction for personal incometaxes, effective January 1, 2001, within the call of any specialsession called prior to the 2002 Regular Session of the Legislature.

Read by title.

On motion of Rep. Walsworth, and under a suspension of therules, the resolution was adopted.

Privileged Report of the Committee on Enrollment

June 17, 2001

To the honorable Speaker and Members of the House ofRepresentatives:

I am directed by your Committee on Enrollment to submit thefollowing report:


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The following Joint Resolutions have been properly enrolled:

HOUSE BILL NO. 485—BY REPRESENTATIVES TOOMY AND JOHN SMITH AND SENATORHEITMEIER AND REPRESENTATIVES ALARIO, ANSARDI, CAZAYOUX,CLARKSON, CROWE, DAMICO, DEVILLIER, DOERGE, DOWNER,DURAND, ERDEY, FARRAR, FLAVIN, FRITH, GLOVER, HEATON,HEBERT, HILL, HUDSON, KATZ, KENNARD, LAFLEUR, LANCASTER,MARTINY, MCCALLUM, NEVERS, ODINET, POWELL, QUEZAIRE,RICHMOND, RIDDLE, ROMERO, SCALISE, SCHWEGMANN, GARY SMITH,JACK SMITH, SNEED, STRAIN, THOMPSON, TRICHE, TUCKER, WOOTON,BROOME, AND HOLDEN AND SENATOR CAIN

A JOINT RESOLUTIONProposing to amend Article VII, Section 11(A) and to add Article VII,

Section 10(D)(3) of the Constitution of Louisiana, relative to theexpenditure of state funds; to require the payment by the state ofsalary supplements to certain local law enforcement and fireprotection officers; to require the inclusion in the budget estimateand the appropriation of funds sufficient to fully fund such statesupplements; to prohibit the reduction of such appropriation,except under certain circumstances; to provide for submission ofthe proposed amendment to the electors; and to provide for relatedmatters.


DONALD RAY KENNARDChairman

The above Joint Resolutions contained in the report were signedby the Speaker of the House and taken to the Senate by the Clerk andwere signed by the President of the Senate and taken by the Clerk of theHouse to the Secretary of State in accordance with the rules of theHouse.

Privileged Report of the Committee on Enrollment

June 17, 2001

To the honorable Speaker and Members of the House ofRepresentatives:

I am directed by your Committee on Enrollment to submit thefollowing report:

The following House Bills have been properly enrolled:

HOUSE BILL NO. 18—BY REPRESENTATIVES BRUNEAU, FAUCHEUX, LANCASTER, SCALISE,HOPKINS, PITRE, SNEED, AND WELCH AND SENATORS HOLLIS, DUPRE,AND ELLINGTON

AN ACTTo amend and reenact Part I of Chapter 2 of Title 18 of the Louisiana

Revised Statutes of 1950, to be comprised of R.S. 18:18 through20, R.S. 18:23(A)(4) and (E)(1), 31, 44(B)(introductoryparagraph) and (2), 45(A), 431.1(B), 552(A)(1), 574(A)(3),1302(3), 1353, 1372, 1392(B), 1400.6(B) and (C), and 1402(C),R.S. 36:741(C), R.S. 42:62(6), and R.S. 44:4(23); to enact R.S.36:744(R); and to repeal R.S. 36:4(A)(15) and 8(E)(2)(d), Chapter16 of Title 36 of the Louisiana Revised Statutes of 1950,comprised of R.S. 36:661 through 663, R.S. 39:291(C)(4)(c), andR.S. 49:191(11)(i) and 968(B)(7), relative to the commissioner ofelections and the Department of Elections and Registration; toprovide for the appointment in lieu of election of the commissionerof elections; to provide, pursuant to Article IV, Section 20 of theConstitution of Louisiana, for the merger and consolidation of theDepartment of Elections and Registration with the Department ofState and for the transfer of such department and its powers,duties, functions, and responsibilities to the Department of State;to provide for implementation; and to provide for related matters.

HOUSE BILL NO. 51—BY REPRESENTATIVE E. ALEXANDER

AN ACTTo enact R.S. 47:463.83, relative to motor vehicles; to provide relative

to license plates; to create the Festival International de Louisianeprestige license plate; to provide for the color and design of suchplates; to provide for a minimum number of applicants; to providefor fees for such plates; to designate the use of such fees; toauthorize the promulgation of rules and regulations; and to providefor related matters.

HOUSE BILL NO. 110—BY REPRESENTATIVE CURTIS

AN ACTTo amend and reenact R.S. 11:788(B), relative to the Teachers'

Retirement System; to provide with respect to the DeferredRetirement Option Plan and lump sum distributions made from theDeferred Retirement Option Plan Account; to provide with respectto the redeposit of monies into the system's fund; to provide aneffective date; and to provide for related matters.

HOUSE BILL NO. 154—BY REPRESENTATIVE R. CARTER

AN ACTTo amend and reenact R.S. 11:1763(F)(2), relative to the Municipal

Employees' Retirement System; to provide with respect to theDeferred Retirement Option Plan; to provide with respect to thebeginning date for payment of interest on a member's DeferredRetirement Option Plan account; to provide an effective date; andto provide for related matters.


AN ACTTo enact R.S. 47:463.83 and R.S. 47:463.84, relative to motor vehicle

prestige license plates; to create the retired employees of theDepartment of Transportation and Development prestige licenseplate; to create the Louisiana Water and Waste Water Operatorsprestige license plate; to provide for the issuance of designs, colors,and fees for plates; to authorize the promulgation of rules andregulations; and to provide for related matters.

HOUSE BILL NO. 285—BY REPRESENTATIVE JOHN SMITH

AN ACTTo enact R.S. 47:463.83, relative to motor vehicles prestige license

plates; to create the Rotary International prestige license plate; toprovide for the issuance of such plate; to provide for the color anddesign of such plate; to provide relative to the fees for such plate;to authorize the promulgation of rules and regulations; and toprovide for related matters.


AN ACTTo amend and reenact R.S. 9:1151, relative to mineral leases; to provide

for change of ownership of newly created water bottoms affectedby mineral leases or interests; to provide for continuation ofmineral leases on lands or water bottoms affected by subsidence orerosion; and to provide for related matters.

HOUSE BILL NO. 386—BY REPRESENTATIVE MORRISH

AN ACTTo amend and reenact R.S. 39:1305(A), 1306(A), and 1309(A), relative

to annual budgets of parish governing authorities; to change thetime for completion and adoption of such budgets; to authorizeparish governing authorities to adopt their annual budgets withinthirty days after the fiscal year begins; and to provide for relatedmatters.


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HOUSE BILL NO. 394— HOUSE BILL NO. 744—BY REPRESENTATIVES DOWNER, CLARKSON, FUTRELL, LANDRIEU, BY REPRESENTATIVES DEVILLIER AND CLARKSONPERKINS, SCALISE, WINSTON, AND POWELL

AN ACTTo enact R.S. 47:463.83, relative to motor vehicle prestige license

plates; to create the U.S. Naval Academy prestige license plate; toprovide for the issuance of such plate; to provide for the color anddesign of such plate; to provide relative to the fees for such plate,including a royalty fee for use of the academy's seal and design; torequire a contract relative to royalty fees; to authorize the AN ACTpromulgation of rules and regulations; and to provide for related To appropriate funds out of the General Fund of the state of Louisianamatters. to be used to pay the final judgment in the suit entitled

HOUSE BILL NO. 435—BY REPRESENTATIVES NEVERS AND MURRAY

AN ACTTo amend and reenact R.S. 23:1210, relative to workers' compensation;

to provide for an increase in the maximum burial expenses paid byemployers for work-related deaths; to provide for disposition ofmonies not used for burial expenses; and to provide for relatedmatters.


AN ACT exceptions; and to provide for related matters.To amend and reenact R.S. 37:2152(A)(introductory paragraph) and

(5)(introductory paragraph), 2153(C), and 2156(C)(2) and toenact R.S. 37:2156.2(A)(II)(17) and 2162(K), relative tocontractors; to provide relative to board members; to allow theboard to contract for certain services; to provide relative to thecollection and distribution of funds; to allow the board to bringcivil proceedings against certain persons; and to provide for relatedmatters.

HOUSE BILL NO. 542—BY REPRESENTATIVE MONTGOMERY AND SENATOR MOUNT

AN ACTTo amend and reenact R.S. 13:970(L) and to enact R.S. 13:961(F)(1)(l)

and 964.2, relative to court reporter fees; to authorize an increasein per page fees charged for transcription of testimony and forcopies thereof in civil and criminal cases in the Twenty-SixthJudicial District Court, in Bossier Parish and in Webster Parish; toauthorize an increase in the fees charged per page for transcriptionof testimony and for copies thereof in civil and criminal cases incertain parishes; and to provide for related matters.

HOUSE BILL NO. 624—BY REPRESENTATIVE FLAVIN

AN ACTTo amend and reenact R.S. 30:103.1, relative to reporting requirements

of operators and producers to owners of unleased mineral interests;to provide for quarterly reporting of the amount of and pricereceived for production and occasional costs of operations; and toprovide for related matters.

HOUSE BILL NO. 652—BY REPRESENTATIVE HUDSON AND SENATOR SCHEDLER

AN ACT for failure of manufacturers to deliver certain motor vehicles; toTo enact R.S. 40:2115(D), relative to smoking in hospitals; to provide provide relative to facilities requirements; to provide relative to

maximum penalties for smoking in non-smoking areas; and to audits of dealer records by manufacturers; to provide for venue andprovide for related matters. choice of law; and to provide for related matters.

HOUSE BILL NO. 670— HOUSE BILL NO. 838—BY REPRESENTATIVE LUCAS BY REPRESENTATIVE SCHNEIDER

AN ACT AN ACTTo amend and reenact R.S. 47:463.4(F), relative to vehicle parking To amend and reenact R.S. 11:2220(F) and (G) and to enact R.S.

privileges for mobility-impaired persons; to increase the time a 11:2220(H), relative to the Municipal Police Employees'mobility-impaired person may remain parked in a time-restricted Retirement System, but limited to members who were merged intoparking place; and to provide for related matters. the system from the Police Pension Fund for the Police

AN ACTTo amend and reenact Civil Code Article 114, relative to periodic

support; to provide for modification; and to provide for relatedmatters.

HOUSE BILL NO. 765—BY REPRESENTATIVES SALTER AND DOWNER

"Natchitoches Parish Port Commission v. Deblieux & Kelley, Inc.,et al."; to provide for interest and other costs; and to provide forrelated matters.

HOUSE BILL NO. 796—BY REPRESENTATIVES WOOTON, CLARKSON, DOWNER, ANDMCDONALD AND SENATORS HAINKEL AND THEUNISSEN

AN ACTTo amend and reenact R.S. 17:3991(B)(1)(a), relative to charter school

enrollment requirements; to exempt from such requirementscertain charter schools established with the mission of meeting theneeds of children of military personnel; to provide conditions and

HOUSE BILL NO. 809—BY REPRESENTATIVE FRITH

AN ACTTo amend and reenact R.S. 33:2955(A)(1)(d) and R.S. 39:1213,

relative to investments and deposits; to provide for the minimumrate of interest paid on funds of political subdivision invested intime certificates of deposit; to provide for the type of fiscalagencies designated for local depositing authorities; and to providefor related matters.

HOUSE BILL NO. 818—BY REPRESENTATIVE CRANE

AN ACTTo amend and reenact R.S. 17:3048.1(C)(2)(c)(i), relative to core

curriculum requirements for eligibility for the Tuition OpportunityProgram for Students; to require that the Louisiana StudentFinancial Assistance Commission provide a waiver procedurethrough the 2002-2003 school year for certain students unable tomeet specified high school core curriculum requirements; toprovide guidelines for such waivers; to provide for an effectivedate; and to provide for related matters.


AN ACTTo amend and reenact R.S. 32:1252(2.2) and (19.3), 1254(N)(1)(c),

(6)(o), (r), and (t)(ii), 1254.1, and 1256.1 and to enact R.S.32:1254(N)(3)(j), relative to motor vehicle dealers; to provide fordefinitions; to provide relative to dual licensure of motor vehicledealers; to provide relative to certain disclosures; to provide forviolations; to provide relative to warranty work claims; to provide

Department of the City of New Orleans; to provide with respect tobenefits and cost-of-living adjustments; to provide for payment of


2867

certain benefits from certain funds derived from an assessment onthe gross premiums collected by insurers; and to provide for relatedmatters.

HOUSE BILL NO. 844—BY REPRESENTATIVE JOHNS

AN ACT certain vehicles; to provide relative to certain conditional salesTo enact Paragraph 21(j) of Article XIV, Section 15.1 of the Louisiana contracts; and to provide for related matters.

Constitution of 1921, made statutory by Article X, Section 18 ofthe Louisiana Constitution of 1974, and R.S. 33:2491.2, relativeto municipal fire and police civil service; to provide with respect tothe establishment and maintenance of promotional employmentlists by the municipal fire and police civil service board of the cityof Sulphur; to provide an exception to Article XIV, Section 15.1,Paragraph 21 of the Louisiana Constitution of 1921, madestatutory by the provisions of Article X, Section 18 of theLouisiana Constitution of 1974; and to provide for related matters.

HOUSE BILL NO. 889—BY REPRESENTATIVES WINSTON, ILES, STRAIN, ALARIO, BAUDOIN,BROOME, BRUCE, CLARKSON, DANIEL, DARTEZ, DURAND, ERDEY,FAUCHEUX, FRITH, GUILLORY, HEBERT, HILL, HOLDEN, HUNTER,HUTTER, KATZ, LANCASTER, MARTINY, MCMAINS, MORRISH, NEVERS,PIERRE, PITRE, POWELL, PRATT, QUEZAIRE, ROMERO, SCHWEGMANN,JANE SMITH, SNEED, WADDELL, WELCH, AND WOOTON

AN ACTTo enact R.S. 46:447.3, relative to adopted children; to require the state

to provide in-hospital mental health treatment; to require the stateto specify this requirement in the contract of adoption; and toprovide for related matters.

HOUSE BILL NO. 895—BY REPRESENTATIVE CAZAYOUX

AN ACTTo appropriate funds out of the General Fund of the state of Louisiana

to be used to pay the certain judgments and recommendations forpayment rendered by the Board of Tax Appeals and to provide forrelated matters.

HOUSE BILL NO. 904—BY REPRESENTATIVE HOPKINS

AN ACTTo enact R.S. 33:381(C)(21), relative to the town of Greenwood; to

provide for the appointment of the chief of police of the town ofGreenwood, including provisions relative to the qualifications,selection, employment contract, compensation, and duties of saidappointed chief of police; and to provide for related matters.

HOUSE BILL NO. 1015—BY REPRESENTATIVES WRIGHT, NEVERS, AND STRAIN

AN ACTTo amend and reenact R.S. 47:322.6(B) and 322.35(B), relative to the

disposition of certain sales tax collections in certain parishes,including Washington Parish and LaSalle Parish; to provide for theuse of monies in the Washington Parish Economic Developmentand Tourism Fund; to provide for use of monies in the LaSalleEconomic Development District Fund; and to provide for relatedmatters.

HOUSE BILL NO. 1036—BY REPRESENTATIVE DARTEZ


plates; to provide for the creation of Rotary District 6200 prestigelicense plate; to provide for the issuance of such plate; to providefor the color and design of such plate; to provide relative to thefees for such plate, including a royalty fee for use of theorganization's logo; to provide for the use of such fees; to requirea contract relative to royalty fees; to authorize the promulgation ofrules and regulations; and to provide for related matters.


AN ACTTo amend and reenact R.S. 32:1254(N)(3)(a), (b), (c), and

(f)(introductory paragraph) and (iii), relative to motor vehicledealers; to provide for violations; to provide relative to the sale of

HOUSE BILL NO. 1245—BY REPRESENTATIVE DONELON

AN ACTTo amend and reenact R.S. 9:2781 and Code of Civil Procedure Article

1702.1(A), relative to suits on open accounts; to provide for themethod of notifying debtors of claims against them; to provide forattorney fees; and to provide for related matters.

HOUSE BILL NO. 1247—BY REPRESENTATIVES LEBLANC AND DEWITT

AN ACTTo amend and reenact R.S. 17:3995(E), relative to charter school

funding; to require charter schools that fail to open or that close forany reason to refund all cash on hand to the state or local schooldistrict as appropriate; and to provide for related matters.

HOUSE BILL NO. 1335—BY REPRESENTATIVE WELCH

AN ACTTo enact R.S. 47:463.83 relative to motor vehicle prestige license

plates; to provide for the creation of the Laborers' InternationalUnion of North America (LIUNA) organization prestige licenseplate; to provide for the issuance of such plate; to provide for thecolor and design of such plate; to provide relative to the fees forsuch plate; to provide for the use of such fees; to require a contractrelative to the issuance of the plate; to authorize the promulgationof rules and regulations; and to provide for related matters.

HOUSE BILL NO. 1537—BY REPRESENTATIVE PIERRE

AN ACTTo amend and reenact R.S. 13:1000(A), (B), and (C), relative to legal

assistance programs in civil and family matters; to authorize thejudges of district and family courts, by rule, to establish certainlegal services programs which would qualify for specified fundsgenerated by the clerk of court's office; to provide for an additionalfee to the costs of docketing each civil suit; to delete requirementsfor apportionment of funds collected; to require submission ofreports and audits; and to provide for related matters.


AN ACTTo amend and reenact R.S. 32:1714(2), relative to the towing and

storage of vehicles; to remove certain exemptions from statepolice's rules for towing of vehicles; and to provide for relatedmatters.

HOUSE BILL NO. 1603—BY REPRESENTATIVE M. JACKSON


plates; to provide for the creation of Omega Psi Phi fraternityprestige license plate; to provide for the issuance of such plate; toprovide for the color and design of such plate; to provide relativeto the fees for such plate, including a royalty fee for use of theorganization's logo; to provide for the use of such fees; to requirea contract relative to royalty fees; to authorize the promulgation ofrules and regulations; and to provide for related matters.


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AN ACTTo enact R.S. 39:98.6, relative to tobacco settlement proceeds; to

provide for the amount of security to be furnished for appeal ofcertain matters relating to the tobacco settlement proceeds to be AN ACTreceived by the state pursuant to the Master Settlement To enact R.S. 47:463.83, relative to motor vehicle prestige licenseAgreement; to provide for an effective date; and to provide for plates; to provide for the creation the Seniors-Our Heritage prestigerelated matters. license plate; to provide for the issuance of such plates; to provide

HOUSE BILL NO. 1821—BY REPRESENTATIVE CROWE

AN ACTTo enact R.S. 11:1755(E), relative to the Municipal Employees'

Retirement System; to provide with respect to service credit,including but not limited to the conversion of certain unusedearned annual and sick leave to retirement credit on the basis of an AN ACTestablished conversion formula; to provide an effective date; and To amend and reenact R.S. 32:702(11), relative to the Vehicleto provide for related matters. Certificate of Title Law; to provide relative to the definition of

HOUSE BILL NO. 1845—BY REPRESENTATIVES PRATT AND K. CARTER AND SENATOR BAJOIE


plates; to provide for the creation of the Delta Sigma Theta AN ACTSorority prestige license plate; to provide for the issuance of such To amend and reenact R.S. 11:701(33)(a), relative to the Teachers'plate; to provide for the color and design of such plate; to provide Retirement System, but only applicable to the employees of therelative to the fees for such plate, including a royalty fee for use of Louisiana High School Athletic Association and the employees ofthe organization's logo; to provide for the use of such fees; to the Louisiana Association of Educators; to provide with respect torequire a contract relative to royalty fees; to authorize the definitions; to provide with respect to membership in the systempromulgation of rules and regulations; and to provide for related and the criteria used for determining eligibility for suchmatters. membership; to provide regarding the withdrawal of membership

HOUSE BILL NO. 1878—BY REPRESENTATIVE RIDDLE

AN ACTTo enact Subpart B-4 of Part IV of Chapter 1 of Title 33 of the

Louisiana Revised Statutes of 1950, to be comprised of R.S.33:130.71 through 130.74, relative to the creation of an economic AN ACTdevelopment board in certain parishes to promote, encourage, and To amend and reenact R.S. 30:2281, relative to liens and privileges ofparticipate in economic development activities in the parish; to the Department of Environmental Quality for cost of remediation;provide for the composition, powers, and functions of the board; to provide for the filing of a notice of lien; to provide priorities forto provide for the creation of an advisory board to each economic security interests on remediated property; to provide for the extentdevelopment board; to provide for the composition of the advisory of the department's interest; and to provide for related matters.board and the terms of office of its members; and to provide forrelated matters.

HOUSE BILL NO. 1900—BY REPRESENTATIVES KATZ AND DIEZ

AN ACT firefighters; to prohibit employers from terminating or denyingTo amend and reenact R.S. 47:463(A)(3), relative to applications for leave to a certified volunteer firefighter; and to provide for related

prestige license plates; to change the minimum number of matters.applications required for the design and issuance of prestige licenseplates after January 1, 2002; and to provide for related matters.


AN ACT Corporation; to authorize the corporation to assert certain defensesTo amend and reenact R.S. 38:2223 and to enact R.S. 40:1749.26, to claims in tort or workers' compensation against the corporation;

relative to public contracts involving underground utilities or and to provide for related matters.facilities; to require any public entity or its agent, in thepreparation of plans and specifications on any public work project,to contact the regional notification center and the owners ofunderground utilities or facilities that are not members of suchcenter; to require the public entity to furnish a diagram or plat toprospective bidders in the plans and specifications; to requirenegotiations between all participating parties relative to thetemporary or permanent relocation of underground utilities orfacilities; to require the public entity to inform all owners of suchunderground utilities or facilities regarding to whom the contract

for the public work was awarded; to provide for an effective date;and to provide for related matters.

HOUSE BILL NO. 1942—BY REPRESENTATIVES TRICHE AND HEBERT

for the color and design of such plate; to provide relative to thefees for such plate, including a royalty fee; to provide for the useof such fees; to authorize the promulgation of rules andregulations; and to provide for related matters.


"total loss"; to provide for an exception for certain damages in thedetermination of a total loss; and to provide for related matters.


from the system and the refund of contributions based on suchwithdrawal; to provide an effective date; and to provide for relatedmatters.


HOUSE BILL NO. 774—BY REPRESENTATIVE STELLY

AN ACTTo amend and reenact R.S. 23:893, relative to employment of volunteer


AN ACTTo enact R.S. 39:1797.1, relative to the Louisiana Office Building


AN ACTTo enact R.S. 39:1785(E) and (F), relative to the Correctional Facilities

Corporation; to authorize the corporation to provide forapplicability of certain defenses in tort or workers' compensationclaims against the corporation; and to provide for related matters.


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HOUSE BILL NO. 1003— HOUSE BILL NO. 1822—BY REPRESENTATIVE MCMAINS BY REPRESENTATIVE MURRAY

AN ACT AN ACTTo amend and reenact R.S. 23:1212, relative to medical expense To amend and reenact R.S. 47:322.38(D), relative to the expenditure of

payments in workers' compensation; to provide that payment by state funds; to provide for the disposition of certain moniesMedicaid or other state medical assistance programs does not appropriated from the New Orleans Area Tourism and Economicextinguish claims for medical expenses; and to provide for related Development Fund; to provide for the retention of certainmatters. unexpended and unencumbered monies at the end of the fiscal


AN ACTTo enact R.S. 42:1303.1, relative to the governmental deferred AN ACT

compensation plan; to authorize the Louisiana Deferred To amend and reenact R.S. 48:271, relative to signs; to authorize theCompensation Commission to create a Section 401(a) plan as Department of Transportation and Development to erect historicalauthorized by the Internal Revenue Code of 1954; to authorize the markers; to provide relative to certain other directional signs; andcommission to establish rules and regulations regulating the plan; to provide for related matters.and to provide for related matters.

HOUSE BILL NO. 1193—BY REPRESENTATIVE MURRAY

AN ACT To enact R.S. 9:4822(M), relative to the Private Works Act; to provideTo amend and reenact R.S. 23:1221(3)(a) and (d)(iii), relative to for construction contracts; to provide for the furnishing of bonds

supplemental earnings benefits; to provide relative to the in certain circumstances; to provide for payment of costs of thecalculation thereof; to remove the termination of supplemental bond; to provide for prospective application; and to provide forearnings benefits when one begins to receive old age insurance related matters.benefits; and to provide for related matters.


AN ACT To amend and reenact R.S. 40:1299.35.1, 1299.35.2, 1299.35.4,To amend and reenact R.S. 37:2163(A)(1) and R.S. 48:252, relative to 1299.35.10(A)(18), and 1299.35.12 and to enact R.S.

bidding requirements of the Department of Transportation and 40:1299.35.3, relative to abortions; to provide for definitions; toDevelopment; to authorize digital signatures on electronic bid require a determination of viability in certain circumstances; toproposals by certain parties; to provide relative to contracts with enact the Born-Alive Infant Protection Act; to require a secondcertain aggregate estimated costs; to authorize use of an electronic attendant physician for abortions performed after viability; tobid system; to provide relative to electronic bid advertisements; to prescribe the duties of that second attendant physician; to provideprovide relative to delivery of bids through an electronic bid relative to ultrasound prints in the abortion report; to provide forsystem; to provide additional means for issuance of addenda for emergency procedures; to provide for an emergency effective date;certain contracts; to provide for the value of reclaimed materials in and to provide for related matters.bids; and to provide for related matters.

HOUSE BILL NO. 1363—BY REPRESENTATIVE KATZ

AN ACT To amend and reenact R.S. 25:380.10, 380.11, 380.13, and 380.14(A)To enact R.S. 13:1899(J), relative to additional court costs imposed by and R.S. 36:801.8, to enact R.S. 36:209(V), and to repeal R.S.

city courts in criminal matters; to provide that certain fees 25:380.12 and R.S. 36:744(M), relative to the Edward Douglasscollected to maintain and equip a city jail shall be used to defray White Historic Site; to transfer the Edward Douglass Whiteexpenses of housing and maintaining prisoners upon closure of Historic Site from the Department of State to the Department ofthe jail; and to provide for related matters. Culture, Recreation and Tourism; to provide that the Board of


AN ACTTo enact R.S. 23:1310.3(F), relative to workers' compensation; to

provide for constitutional challenges of workers' compensationprovisions; and to provide for related matters.

HOUSE BILL NO. 1811 (Substitute for House Bill No. 1746 byRepresentative Scalise)—BY REPRESENTATIVE SCALISE

AN ACTTo amend and reenact R.S. 23:1035(B), relative to workers'

compensation; to exempt musicians and performers working undercontract from coverage; and to provide for related matters.

year; and to provide for related matters.

HOUSE BILL NO. 1836—BY REPRESENTATIVES QUEZAIRE AND KATZ

HOUSE BILL NO. 1863—BY REPRESENTATIVE FRUGE

AN ACT

HOUSE BILL NO. 1909—BY REPRESENTATIVES DONELON AND RIDDLE

AN ACT


AN ACT

Directors of the Louisiana State Museum shall be the governingboard of the historic site; to provide for the powers, duties, andfunctions of the board and the department; and to provide forrelated matters.


AN ACTTo amend and reenact R.S. 14:40.1(A), relative to the crime of

terrorizing; to provide with respect to the definition of that crime;and to provide for related matters.

HOUSE BILL NO. 2000—BY REPRESENTATIVES CLARKSON, ALARIO, E. ALEXANDER, R.ALEXANDER, ANSARDI, BALDONE, BAUDOIN, BAYLOR, BOWLER,BROOME, BRUCE, BRUNEAU, K. CARTER, R. CARTER, CAZAYOUX,CRANE, CROWE, CURTIS, DAMICO, DANIEL, DEVILLIER, DEWITT, DIEZ,DOERGE, DONELON, DOWNER, DURAND, ERDEY, FARRAR, FAUCHEUX,FLAVIN, FRITH, FRUGE, FUTRELL, GALLOT, GLOVER, GREEN,GUILLORY, HAMMETT, HEATON, HILL, HOLDEN, HOPKINS, HUDSON,HUNTER, HUTTER, ILES, L. JACKSON, M. JACKSON, JOHNS, KATZ,KENNARD, KENNEY, LAFLEUR, LANCASTER, LANDRIEU, LEBLANC,LUCAS, MARTINY, MCCALLUM, MCDONALD, MCMAINS, MCVEA,


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MONTGOMERY, MORRELL, MORRISH, MURRAY, NEVERS, ODINET,PERKINS, PIERRE, PINAC, PITRE, POWELL, PRATT, QUEZAIRE,RICHMOND, RIDDLE, ROMERO, SALTER, SCALISE, SCHNEIDER,SCHWEGMANN, SHAW, GARY SMITH, JACK SMITH, JANE SMITH, JOHNSMITH, SNEED, STELLY, STRAIN, SWILLING, THOMPSON, TOOMY,TOWNSEND, TRICHE, TUCKER, WADDELL, WALSWORTH, WELCH,WINSTON, WOOTON, AND WRIGHT AND SENATOR BAJOIE

AN ACTTo enact R.S. 22:215.11(A)(5) and Part LVII of Chapter 5 of Title 40

of the Louisiana Revised Statutes of 1950, to be comprised of R.S.40:1300.172.1 through 1300.172.3, relative to mammograms; toprovide for screening mammograms; to authorize the performanceof mammograms without a prescription from a licensedpractitioner; to provide for notification of the results; to providelimited immunity from civil liability; to provide for direct accesswithout any requirement for specialty referral for minimummammography examinations covered by health coverage plans;and to provide for related matters.

HOUSE BILL NO. 2033—BY REPRESENTATIVES HUNTER AND CURTIS

AN ACTTo amend and reenact Code of Criminal Procedure Article 738, relative

to the number of witnesses a defendant is allowed to subpoena infelony cases; to increase the number to twenty; and to provide forrelated matters.

HOUSE BILL NO. 2044 (Substitute for House Bill No. 1646 byRepresentative Martiny)—BY REPRESENTATIVES MARTINY, BRUCE, BRUNEAU, CAZAYOUX,DEVILLIER, FARRAR, HEATON, HEBERT, LAFLEUR, MORRELL, ROMERO,AND WOOTON AND SENATOR CRAVINS

AN ACTTo amend and reenact R.S. 27:3(4) through (8), 27(A)(introductory

paragraph) and (C), 44(6), (7), (18), (19), and (20), 47, 58(9),68(A), 70(A), 72(A), 74, 75(A), (B), (C), (D), and (E), 81, 91(A),205(9), (10), (27), (28), and (33), 250, 251, 301(B)(6) and (11),353(3) and (9), 363(B)(1), and 364(A)(1)(b)(iv), to enact R.S.27:3(9) through (23), 27(D), 28 through 30.2, and 365(5), and torepeal R.S. 27:44(8), 70(B) and (C), 75(F), 76, 77, 78, 82, 83, 89,91(D) and (E), 99, 205(11) and (19), 230(A) and (B), 238, 255,263, 305(B), 311(A)(1) and (F), 361(B)(2), 362, 363(B)(2), (C),and (E), and 375(A), relative to the Louisiana Gaming ControlLaw; to revise certain statutory provisions regarding the regulationof gaming; to provide for definitions; to provide for suitabilitystandards for certain gaming licensees; to provide for exceptions;to establish fees; to provide for the collection and disposition offees; to provide for criteria for the issuance of manufacturers,gaming suppliers, and employee permits; to repeal certainduplicative language; to create the crime of false statements relatedto gaming; to create the crime of unlawful use of state issuedidentification to gain access to gaming facilities; to provide forpenalties; to repeal existing provisions regarding appeals ofdecisions of the casino gaming corporation board and riverboatgaming commission; to provide for penalties for failure to renewa permit timely; to create the crime of unlawful use of an expiredpermit; to repeal obsolete local option provisions regardingriverboat gaming in Calcasieu and Ouachita Parishes; to repeal theprovision of law requiring not more than sixty percent of videodraw poker devices sold or distributed in the state weremanufactured by the same manufacturer; to provide for aneffective date; and to provide for related matters.

HOUSE BILL NO. 2055 (Substitute for House Bill No. 380 byRepresentative Martiny)—BY REPRESENTATIVE MARTINY

AN ACTTo amend and reenact Code of Criminal Procedure Article 228.2,

relative to the unclaimed property of prisoners; to provide for the

disposal of unclaimed property of prisoners by sheriffs; to providefor a definition of "unclaimed property"; and to provide for relatedmatters.

HOUSE BILL NO. 2066 (Substitute for House Bill No. 755 byRepresentative Landrieu)—BY REPRESENTATIVES LANDRIEU AND PERKINS AND SENATORSCHEDLER

AN ACTTo enact R.S. 27:27.1, 27.2, 27.3, and 27.4 and to repeal R.S. 27:60

and 265, relative to compulsive gambling; to provide for a uniformcompulsive and problem gambling program; to provide withrespect to excluded persons; to provide for the adoption of rules bythe Louisiana Gaming Control Board; to provide for the ejectionof persons; to provide with respect to print advertising; to providefor criminal penalties for attempting to enter a gamingestablishment after exclusion; to provide for the imposition ofsanctions on a licensee, permittee, or the casino gaming operatorfor willful failure to exclude persons placed on the list; to providefor revocation of a gaming license for a pattern of willful failure toexclude individuals placed on the exclusion list; to provide withrespect to advertising; to provide for applicability; to provide withrespect to liability; and to provide for related matters.

HOUSE BILL NO. 2071 (Substitute for House Bill No. 1298 byRepresentative McMains)—BY REPRESENTATIVE MCMAINS

AN ACTTo enact Chapter 24 of Title 12 of the Louisiana Revised Statutes of

1950, to be comprised of R.S. 12:1501 and 1502, relative tobusiness organizations; to provide for filing of actions againstpersons who control business organizations; to provide forprescription; to provide for applicability; and to provide for relatedmatters.


DONALD RAY KENNARDChairman

The above House Bills contained in the report were signed by theSpeaker of the House and taken to the Senate by the Clerk and weresigned by the President of the Senate and taken by the Clerk of theHouse to the Governor for executive approval.

Leave of Absence

Rep. Baudoin - 2 days

Adjournment

On motion of Rep. Thompson, at 9:30 P.M., the House agreed toadjourn until Monday, June 18, 2001, at 9:00 A.M.

The Speaker of the House declared the House adjourned until 9:00A.M., Monday, June 18, 2001.

ALFRED W. SPEERClerk of the House


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