of the senatesenate.la.gov/sessioninfo/2005/rs/journals/06-20-2005.pdfjun 20, 2005 · matthew j....
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OFFICIAL JOURNALOF THE
SENATEOF THE
STATE OF LOUISIANA_______THIRTY-FIFTH DAY'S PROCEEDINGS_______
Thirty-First Regular Session of the LegislatureUnder the Adoption of the
Constitution of 1974_______Senate Chamber
State CapitolBaton Rouge, Louisiana
Monday, June 20, 2005
The Senate was called to order at 9:30 o'clock A.M., by Hon.Donald E. Hines, President of the Senate.
ROLL CALLThe roll being called, the following members answered to their
names:
PRESENT
Mr. President Dupre MarionneauxAdley Ellington McPhersonAmedee Fields MichotBajoie Fontenot MountBarham Gautreaux B MurrayBoasso Gautreaux N NeversBroome Heitmeier RomeroCain Hollis SchedlerChaisson Jackson ShepherdCheek Jones SmithCravins Kostelka TheunissenDardenne Lentini UlloDuplessis Malone Total - 38
ABSENT
Total - 0
The President of the Senate announced there were 38 Senatorspresent and a quorum.
PrayerThe prayer was offered by Pastor Ron Erickson, following
which the Senate joined in pledging allegiance to the flag of theUnited States of America.
Reading of the JournalOn motion of Senator Broome, the reading of the Journal was
dispensed with and the Journal of yesterday was adopted.
Morning Hour
Rules SuspendedSenator B. Gautreaux asked for and obtained a suspension of the
rules for the purpose of invoking 5 minute cloture.
Messages from the PresidentThe following messages from the President were received and
read as follows:
RIVER PARISHES CONVENTION, TOURISTAND VISITORS COMMISSION (RPCTVC)
June 20, 2005
Senator Donald HinesPresident of the Louisiana SenatePost Office Box 94183Baton Rouge, Louisiana 70804
Senator Donald Hines:
I would appreciate if you and all members of the Senate wouldconsider the following person for appointment to the River ParishesConvention, Tourist and Visitors Commission.
Kathryn Hotard 5984 Highway 44
Convent, Louisiana 70723
Mrs. Hotard was appointed by the St. James Parish PresidentDale Hymel to finish the unexpired term of Charles Martin (seeattached resolution) effective December 1, 2004.
According to our records the term to which Mrs. Hotard wasappointed expires in October of 2005.
If you need any additional information, please do not hesitateto contact me.
With best personal regards, I am,
Very truly yours,PAUL G. AUCOIN
ChairmanSTATE OF LOUISIANA
Office of the Governor
June 20, 2005
The Honorable President and Members of the Senate
Ladies and Gentlemen:
I have appointed the following persons on the attached list to theoffices indicated.
In compliance with Article IV, Section 5(H)(3) of the LouisianaConstitution of 1974, I do hereby present these names for yourreview.
Sincerely,KATHLEEN BABINEAUX BLANCO
Governor
Accountants, Board of Certified PublicCarol T. Barnes Michael BrunoSusan C. Cochran Mark P. HarrisDesiree’ W. Honore’ Lettie Lowe-ArdoinMichael A. Tham
Administration, Division of (State Department)Sharon B. Robinson
Agriculture Finance AuthorityJerry D. Hunter Judy Johnson MylesStephen W. Pol William C. PotterDonald C. Scaife Linda G. Zaunbrecher
Airport AuthorityRoss P. Barrett Aubrey A. Baudean, Jr., D.D.S.Constance M. Beach Riley L. Berthelot, Jr.Stephen G. Black Rita G. BourqueMaurice A. Brown Sheila R. CunninghamDavid L. Guerry Steven M. Joffrion, Sr.Leroy J. Labat Kenneth P. PerryRoger P. Richard Donald J. SavoieHarold P. Schexnayder, Sr. Jannelle C. SimoneauxGlen D. Smith
Alarm Services AdvisoryRon L. Foreman Ajae F. Hardeman, Jr.
Page 2 SENATE 35th DAY'S PROCEEDINGSJune 20, 2005Kenneth Mark Serbanic
Amite River Basin Drainage and Water Conservation DistrictLeonard Irvin, Sr. Sitman Loupe, Jr.
Architectural ExaminersMichael F. Holly
Associated Branch Pilots for the Port of Lake CharlesDean Doe
Auctioneers LicensingRay C. Camp, Jr. Kenny Ray ChatmanJames K. Comer, Jr. Brian FourrouxDelmar E. “Buster” Gay Allen R. PersickTessa Steinkamp
Aviation AdvisoryRepresentative Bobby Faucheux Senator Gerald Theunissen
Bar Pilots – New Orleans Examiners BoardThomas L. Ittman Charles P. SteinmullerPaul S. Vogt, Sr.
Barber ExaminersBobbie Favaron
Baton Rouge Port, GreaterBarbara Ferdinand Brady HurdleCalvin Ishmael William PughWilliam “Bill” Rigell Lynn B. RobertsonRobert W. Watts Carter J. Wilkinson
Bayou D’Arbonne Lake Watershed DistrictKerry Freeman
Boxing and Wrestling CommissionJohn Green, Jr.
Broadband Advisory CouncilJudy BrownJohn Pat Bullock Emile CordaroGene R. Dry Larry HenningTerry Huval Carlo MacDonaldGeorge Mack Robert “Bob” ManuelCheryl McCormick Ted J. MillerGordon Damian Polozola Sherman TateTim Walden Thomas E. “Tommy” Williams
Caddo Levee DistrictJon E. Saye
Capital Area Human Services DistrictAmy Sue P. Betts Marilyn H. BurgessMark Chustz Judy E. DayClyde W. Kimball Larry D. SmithBret M. Talbot William Douglas "Doug" WilkinsonPatricia G. Williams-Simon
Cemetery BoardMichele M. “Shelly” Crow Casper P. “Jimmy” Kramer, IIIRita P. Lafleur Marilyn P. Leufroy
Child Care and Development Block GrantMyrna Amanda Brunson Denise D. CurwickSydney S. Heard Janie H. HumphriesMary Louise S. Jones Mary M. JosephGeoffrey Nagle Thalia M. Stevenson
Child Care Facilities and Child Placing AgencyJohn H. Allen Amy E. AlvarezSteven T. Atkins Todd A. BattisteMarci L. Blaize Cheri M. GioeComaneci M. Johnson Sharrolyn H. Miles
Malcolm G. Myer Ashley K. SheltonAnna T. Smyke
Child Death Review PanelRobert C. Beckerman, M.D.
Chiropractic ExaminersDwayne L. Burch Mark B. KruseJoseph A. Stagni
Citizens Property Insurance CorporationJulia B. Adair Michael W. DomingueByron Stewart
Clinical Laboratory PersonnelAngela B. Foley Cheraine B. MelanconRoxanna M. Stears Phyllis E. ToupsRichard T. Tulley
Council for the Development of French in LA (CODOFIL)Jolene AdamBarry J. Ancelet Winston Thomas AngersWilliam Arceneaux Mary de la Houssaye BelleauRuth Blanchard Nicole BoudreauxEarlene E. Broussard Michelle BroussardChristopher Bush Vicki CappelBrandon Cobb Brian ComeauxMarie Francoise Crouch James H. DomengeauxGerald B. Domingue Carol DoucetSylvie Dubois Representative Sydnie Mae DurandDominique Gendrin Audrey Babineaux GeorgeChristian Goudeau David GreelyRichard J. Guidry Roland GuidryFlorent Hardy, Jr. John Hernandez, IIIJohn Hernandez, Jr. Kirby JambonThomas Klinger Dana KressJacqueline Labat Amanda LaFleurChristy Maraist David E. MarcantelMargaret Marshall Kay MartinBrenda Mounier John L. OlivierWarren A. Perrin Chris J. Roy, Sr.Dominique Ryon Chantal SaucierMadeleine B. St. Amant Brenda TrahanApril Valentine Herbert WiltzElie J. Woerner Anthony Zaunbrecher
Community and Technical CollegesAlvin E. Kimble
Contractors LicensingPhyllis Adams Jimmie P. CascioGeorge L. Crain, Jr. Don P. DescantAndy Dupuy Jonathan Holloway, Sr.Kirk Williams
Correctional Facilities CorporationEva B. Pratt
CosmetologyJuanita K. Allwell Fabian BordelonTraci Bruno Sue BurchTaquilla Hamilton Frances K. HandMichael P. Horning Jill F. Waggoner
Crime Victims ReparationsFernest J. Benoit Lamarr DavisMickey DeLaup Glenn Green, Sr.Arthur Edward Hardin Elizabeth J. HarveyRose G. Montgomery Colleen Ann PolakAudrey D. Thibodeaux William A. Willis
D.A.R.E.Laura Balthazar Jay Barber
35th DAY'S PROCEEDINGS Page 3 SENATEJune 20, 2005
Charles C. Foti, Jr. Sid J. Gautreaux, IIIGary G. “Stitch” Guillory Darla A. JohnstonVictor E. Jones, Jr. Patrick M. LaSalleRandy J. Maxwell Wayne MeltonSandra Monroe Malissa SweeneyDorothy R. Temple
DentistryHerman O. Blackwood III, D.D.S. Pamela B. Daniel, D.D.S.Louis J. Joseph, D.D.S. Samuel A. Trinca, D.D.S.Sam S. Vinci, D.D.S.
Developmental DisabilitiesBen A. Bearden Cheryll Bowers-StephensDonna S. Breaux Sharon DufreneKathy Hawkins Kliebert Sheila Ann MadisonWillie Martin Ida MialaretMatthew J. Rovira Debbie SchillingGodfrey White
Domestic Violence Law Enforcement Training Task ForceGeoffrey Bordelon Pat BoudreauxWendell Fontenot Carle L. JacksonJane Johnson Deborah JuneauMadeleine Landrieu Patrick M. LaSalleCynthia P. Lavespere Tony MancusoColleen Ann Polak Ayn W. StehrPatsy Taylor Craig Webre
Drug Control and Violent Crime PolicyMike CazesEdwin Compass, III Paul D. Connick, Jr.Sid J. Gautreaux, III Alexcie Guillory, Sr.Leonard R. “Pop” Hataway James L. “Jim” HerfordAubrey Jones Paula KleinpeterRobert W. Levy Harry J. Morel, Jr.Scott M. Perriloux Mark ShumateJohnny G. Wyatt
Drug PolicyGeorge J. Cazenavette, IVChristopher Brent Coreil Michael DuffyRichard E. Edwards, Jr. Charles C. Foti, Jr.Kathleen G. Hayward Bennett C. LandreneauCecil J. Picard Michael A. RanatzaRichard L. Stalder Melanie StockstillHenry Whitehorn Ann S. Williamson
Economic Development CorporationOctave J. “Todd” Francis, III Michael J. Saucier
Economic Development, State Department ofMichael J. Olivier Sharon B. PerezDonald M. Pierson, Jr.
Educational Television AuthorityFelicia L. Harry Jane Foshee KirkpatrickBetty V. Lauricella Deano Thornton
Election Supervisors, Parish Boards ofErnest J. “Buddy” BaileyRose A. Broussard Terrell P. ClaytonMichelle Elliot Lois Link FallonPaula H. Green Bernace (B.J.) LandryDaniel Lemoine Alida C. “Peachy” MelanconJames Mitchell, Sr. Ellze B. OlivierDavid A. Quidd Albert Simien, Sr.Joan Pittman Travis Brenda Bailey TraylorGary M. Wiltz
Embalmers and Funeral DirectorsRobert D. Babineaux Oliver Cooper, Sr.Craig Gill Stephanie Rhodes NavarreEugene Pellerin Oscar Rollins
Gregory Strother
Emergency Medical Services for ChildrenRobert J. Chadborn Peggy ChehardyMark H. Dawson, M.D. Bertha Kay Cox GraffScott A. Hamilton, M.D. Wayne HolleyMelanie Jarreau Kerry JeaniceRaghubir Mangat, M.D. Stephanie Mills, M.D.James P. Moises, M.D. Elmore F. Rigamer, M.D.Eugene E. Salassi Linda SavoieDeborah Self Rebecca SmithDeborah St. Germain James R. Upp, Jr., M.D.
Emergency Medical Services CertificationDebra Baggett-Woodard Susan Bankston, M.D.Anthony L. Bruch Robert Chugden, M.D.William Roger Clark, M.D. Samuel J. Halphen, Jr.W. Chapman Lee, M.D. Gary PetersJohn Roquemore, Jr. Lauri C. Scivicque
Employment Security ReviewWayne B. Cox Joseph A. Sevario, IIIEmery Villar
Ethics, Board ofGwendolyn P. Hamilton Michael T. JohnsonJoseph Maselli
Fireman’s Supplemental PayAubrey N. Boudreaux Frank J. Cusimano, Jr.Erlo McLaurin, Jr. Ozias Price, Jr.Brien Ruiz
Forestry CommissionWayne Hagan
Governor, Office of theSidney P. Coffee Stephanie LegerMatthew J. Rovira Barbara H. Roy
Grand Isle Independent Levee DistrictDavid J. Camardelle Wayne A. EstayRobert A. Santiny
Grand Isle PortArthur A. Bellanger Josephine CheramieAndy Galliano Dudley A. Gaspard, Jr.Irvin J. Richoux, Sr.
Ground Water ResourcesWilliam A. Cefalu Jim Toney HarperScott Kirkpatrick
Group Benefits Policy and PlanningMark A. Brown Buford Huckleberry
Gulf States Marine FisheriesWilson Gaidry Senator Butch Gautreaux
Hearing Aid DealersValery L. Garon Kim RoshtoScott Sayer
Hearing Impaired Infants, Early Identification of Susan Berry, M.D. Mary BrooksMelissa M. Chase Vicki M. CrochetClaudette V. DeGraauw Donna EmbreeJuan Gershanik, M.D. Kathy G. HughesSusan W. Sonnier Edith “Kathy” Treubig
Highway Safety CommissionElizabeth “Sue” Johnson Richard LeBouefGodfrey “Bobby” Trahan
Page 4 SENATE 35th DAY'S PROCEEDINGSJune 20, 2005Homeland SecurityDell M. Dempsey
Housing and Community DevelopmentMichael Airhart Roy L. Alston, Jr.T. Tyson Bromell, II Scarlett DuplechainSusan Elkins Perry J. FranklinJames Gilmore Clarence W. HawkinsValerie G. Keller Leonard R. KopowskiRichard Leibowitz Rodney LittletonStanley O. McGee Philip W. MillerGodfrey White Gary E. WilliamsJames C. Williams
Housing Finance AgencyLarry Joseph Broussard Kevin J. BrownCarolyn B. Burris Greg GachassinAllison A. Jones Merriell F. LawsonLarrey Mouton, Sr. Danette O’Neal
Indigent Defense AssistanceTarvald Smith
Insurance RatingChristine Berry Barry BusadaPatrick Fontenot Joe Godchaux, Jr.Jabari Ragas Steven M. Ruiz
Integrated Criminal Justice Information System PolicyJ. Terry Ryder
Interior DesignersJoseph Dan Bouligny, Sr. Melissa D. GauthierPaulette R. Hebert Robert C. KingPatricia Spicuzza Deborah SteinmetzJudith Andre’ Verges
Interstate 49 North Feasibility and FundingReginald Abrams Helen H. AdgerThomas M. Clark Representative Cedric B. GloverArchie Hall Dorothy HoltRepresentative Roy “Hoppy” Hopkins David JonesTerry Lee Suzy RyanMargaret Shehee Steve SimonLarry Whitaker
Interstate 49 South ProjectCarl W. Bauer Kevin BelangerRusty Cloutier Garret “Hank” DanosWilliam H. Fenstermaker Bill FontenotWarrdell X. Gerhart Ronald R. Hebert, Jr.David S. Huval, Sr. Leroy JohnsonOtis T. Logue James McGehee, Jr.Tony R. Tramel
Incentives for New Ventures and Economic Stimulation(INVEST)Gordon A. Burgess Veronica HowardDarrell Jupiter Marlyn J. LangleyRonald Picou Edward J. PriceJudy B. Songy Charlie St. Romain
John Kelly Grand Bayou Reservoir DistrictFlorence T. Bethard Danny Ray CobbsOuida S. Giddings Hillary Daniel Pickett
Judicial CompensationN. Frank Elliot, III
Juvenile Justice and Delinquency PreventionBernardine S. Adams Justin Anthony BacqueJa’nene M. Broussard Marcus BrunoDavid Burton Greggory E. DaviesBillie M. Giroir Simon Gonsoulin
Shaquania L. Griffin Robby Ray Hill, Jr.Charles H. Jackson Elois JosephKeva Landrum Frank P. Letellier, IITony Mancuso Floyd A. Marshall, Sr.Vi Eve M. Martin James R. McClellandDana A. Menard Carol G. NeyTerry R. Reeves Sibil Fox RichardsonDaphne Robinson Ronald A. RossittoKim P. Stansbury Robert J. TillieEarl A. White
LA Emergency Response Network (LERN)Bill Bollier Jimmy CatheyRobert Chugden, M.D. Jimmy GuidryLester W. Johnson, M.D. W. Chapman Lee, M.D.Fred Martinez Jadwin MayeauxNorman E. McSwain, Jr., M.D. Mark PetersJonathan Roberts, M.D. Anthony SpeierChris Trevino, M.D. Richard Turnage, M.D.Randolph L. Williams Michele M. Zembo, M.D.
Labor, State Department ofDesiree W. Honore’ Bennett James Soulier
Lafourche Basin Levee DistrictJohn Boughton Stanley C. FolseHasten V. Lewis, Sr. Russell A. LoupeDavid J. Orgeron Kenneth P. PeltierWilliam J. Sirmon, Jr. Shelley M. Tastet
Lake Borgne Basin Levee DistrictStephen John Ehrlicher George E. LopezRandolph T. Odinet
Lake Charles Harbor and Terminal DistrictHarry C. Hank
Law Enforcement and the Administration of Criminal JusticeBernardine S. Hall Adams Laura BalthazarReginald Brown, Sr. Mike CazesEdwin Compass, III Paul D. Connick, Jr.J. Austin Daniel Anthony G. FaltermanSid J. Gautreaux, III Ernestine S. GraySid Hebert William P. LandryPatrick M. LaSalle Robert W. LevyRandy J. Maxwell Harry J. Morel, Jr.Mike Neustrom Stephen W. PratorTerry R. Reeves Daphne RobinsonPaul Raymond Smith Rae SwentThomas W. Tanner
Library, StatePaulette H. Holahan
Liquefied Petroleum GasJames A. Hopson James L. LongGregory A. Morrison Rhonda C. Watson
Lottery CorporationLarry C. Cager
LSU Board of SupervisorsFrancis M. Gowen, Jr. Dorothy F. ReeseJames P. Roy, Sr. Jerry E. Shea, Jr.
Manufactured HousingMichael Cammarosano Rose HilliardDonna T. Inhern Calvin A. KleinJimmy R. Lingle Gary P. Millet, Sr.Anthony Reney
Maritime AdvisorySenator Walter J. Boasso Dayton Carlisle
35th DAY'S PROCEEDINGS Page 5 SENATEJune 20, 2005
Michael C. Ellis Robert Adam McBrideBruce Nierenberg Clyde Pregeant, Jr.Brian Rafferty Lawrence M. RaseRoger P. Richard Russ A. SettoonWilliam O. Watson, III
Math, Science, and Arts, School for theMary R. Doucet
Medical ExaminersMark H. Dawson, M.D. Keith C. Ferdinand, M.D.Kim Edward LeBlanc, M.D. Tonya Sheppard, M.D.
Men’s Health and WellnessBilly Dartlone White S. Graves, III, D.D.S.Rudy Macklin Harold Porter
Military AdvisoryCharles B. Jones Representative John Smith
Millennium Port AuthorityJohnny B. Bradberry Mark Delesdernier, Jr.Michael J. Olivier
Mineral BoardRobert S. Noel, II W. Paul Segura, Jr.
Morehouse Parish Lake CommissionJulian Venoy Kinnaird Michael LytleFrank L. Messinger, III Leo NelsonRichard E. Patrick Billy RabonAlex Rankin Ivory SmithJohn C. Stringer Mike Wooden
Morgan City Harbor and Terminal DistrictGregory P. Aucoin Jerry Gauthier
Motor VehicleTed S. Atterbery, Jr.
Museum, StateJerry F. Adams Judy BajoieTracie L. Boutte Patricia BradyPamela Chenevert Mary H. DavisMary Nathalie di Benedetto L. Ronald FormanJoy N. Hodges F. Rivers Lelong, Jr.Sharon Pennington William J. PerretAndrew Rinker, Jr. Rhenda C. SaporitoHarriet B. Shea Rebecca Stokes-JoyDeni Taylor Charlotte D. WalterJoseph West
Natchitoches Levee and Drainage DistrictAlfred A. Bruning William H. GiddensNed Henry, Jr. Janet K. JonesMilton McDonald Kenneth K. MethvinDoris Roge Adolph Sklar, Jr.
Natchitoches Parish PortAlfred L. “Luke” Frederick
Natural Resources, State Department ofJames Randall Hanchey Robert D. HarperGus C. Rodemacher James H. Welsh
Naval War MemorialNoel Hammatt Joe Nathan JenkinsJames Michael McDonald Stanley S. Nahill
New Orleans and Baton Rouge Steamship PilotsChad Michael Doyle
New Orleans City Park Improvement Association BoardEric L. Cager
New Orleans Expressway Commission, GreaterLance J. Albin Kyle FrancePatricia LeBlanc
Nineteenth Louisiana Levee DistrictGeorge Pharis
North Lafourche Conservation, Levee and Drainage DistrictRonald J. Adams Keith BarkerChristopher B. Bollinger Mark J. BourgMillard F. Clement Robert FolseLarry Maronge Mona A. PierceNolan Smith
Nursing BoardJames E. Harper
Occupational Forecasting ConferenceJ. Megan Bel
Oilfield Site RestorationMichael J. Bourgeois Stanley J. CampbellRandy P. Lanctot Richard P. Martin
Optometry ExaminersGary James Avallone
Orleans Levee DistrictAllen Borne Daniel S. FoleyEugene Green James P. HueyMichael McCrossen Darrel J. Saizan, Jr.
Orleans Parish Jury CommissionJoycelyn T. Albert Olander P. Bajoie, Jr.Peter M. Cadaro, Jr. Brenda G. DeBattistaBeverly Richard
Orleans Parish Public AdministratorMarlene L. Babin
Ouachita Port, GreaterE. Roland Charles Terri H. DebnamRichard W. Guillot James H. JonesBobby R. Manning
Parole BoardAlbert Mims, Jr.
Patient’s Compensation Fund OversightPaul Fuselier, M.D. Daniel J. Lennie
Peace Officer Standards and TrainingEdwin Compass, III Anthony G. FaltermanWilliam E. Hilton Patrick M. LaSalleRandy J. Maxwell Harry J. Morel, Jr.Stephen W. Prator
PerfusionDebra Y. Branham Tod C. EngelhardtLyn A. Fitterer Ray Joseph FlemingLynn H. Harrison Mark J. HatchellBennett R. Walker
PharmacyMichele P. Alderman Patsy AngelleJames Douglas Boudreaux Allen W. Cassidy, Jr.Reuben R. Dixon Alvin A. Haynes, Jr.
Physical Therapy ExaminersMary Barbara Adcock Mark A. BrownTodd B. Drury, M.D.
Physician AssistantsKenneth W. Betzing Peter Stevens
Page 6 SENATE 35th DAY'S PROCEEDINGSJune 20, 2005Michael Thomas
Pilotage Fee CommissionChristopher R. Brown Stephen CasenzaRonald L. Foster John FriendAllen J. Gibbs Andrew Lee Guinn, Sr.Channing F. Hayden, Jr. John T. HyattErik L. Johnsen William H. KrutzerAlfred S. Lippman Michael R. Lorino, Jr.Michael T. D. Miller Michael G. MillerCharles J. Morrison Joseph G. SandersonJacqueline D. Vines William O. Watson, IIIPaul Wegener
Platforms for MaricultureWilliam M. Bass Charles A. BedellMyron J. Fischer Robert Wesley Harrison, Jr.Thomas Newland Harlon H. Pearce, Jr.Paul Sammarco
Plumbing BoardRickey Fabra Wendell GuillotJohn Thomas
Poet LaureateBrenda Marie Osbey
Pontchartrain Levee DistrictGeri B. Baloney Webb L. Harelson, Sr.Suzanne B. Patterson Robert RousselSteven C. Wilson
Practical Nurse ExaminersCarl McLemore, M.D.
Private InvestigatorsWalter “Tim” Asmussen Natalie A. BiondolilloAbraham Burrell, Jr. Douglas J. ChauvinPaula H. Clayton Annette KovacHuey Littleton
Private Security ExaminersThomas L. Baer Louis Edward BrownRenella G. Chouest Charles V. DuplechainLouis S. Gurvich, Jr. Kenneth R. KennedyThomas J. Ostendorff, III James H. RomeroPercy J. Singleton, Jr.
Professional Engineering and Land Surveying, LARhaoul A. Guillaume Mark Jusselin
Prosper CommissionEarl A. Marcelle, Jr. Judith Williams
Psychologists ExaminersJohn F. Bolter Rebecca Nolan
Public Facilities AuthorityJohn Bernhardt Jerome Boykin, Sr.Carl Clark Joseph “Jerry” McKernan
Public Safety and Corrections, State Department ofSimon Gonsoulin
RacingBobby Dupre Russ M. HermanR. Lane Pittard Robert TalbotWells Watson
Real EstateGretchen Ezernack Cynthia Stafford
Recreational and Used Motor VehicleJulia Frederick Aaron Gable
Scott Graham Darryl GuitrauVanessa J. Hudson Stephen M. OlaveRichard Prestridge Chester J. RichardMichael R. Roberts Glen H. RobinsonHenry A. Smith
Red River Levee and Drainage DistrictMarlan Anderson Robert P. Burleson
Red River WaterwayLindy Broderick James “Jackie” DucoteW. Alvin Owens
Red River, Atchafalaya and Bayou Boeuf Levee DistrictBurton J. Bordelon Andrew Charles LeonJ. W. Slocum, Jr.
RegentsScott O. Brame Richard E. D’AquinIngrid Labat, M.D. William C. SmithHarold M. Stokes Artis L. Terrell, Jr.
River Pilot Review and OversightJoseph Accardo, Jr. Jack H. AndersonKelvin J. Boston Bruce BradleyJames E. Clark Jeffrey F. CopeskeyRichard Ganucheau Thomas L. IttmanRevius O. Ortique, Jr. Brett A. PalmerBenny Rousselle
River Port Pilot Commissioners for the Port of New OrleansCraig Andrews
River Port Pilots for the Port of New OrleansWalter B. Abney Jason C. AndrewsChristian W. Groff David S. RenegarAbel L. Strickland
River Region Cancer Screening and Early DetectionRobert Amadee
Sabine River AuthorityCarlton W. Gibson Larry E. Kelly
Sabine River Compact AdministrationBobby E. Williams
Sanitarians ExaminersVickie Collins Ronald C. King
Seafood Promotion and Marketing BoardMichael Chan
Shorthand Court Reporters, Board of CertifiedS. Richard Brooks Milton Donegan, Jr.Callie W. Garland Peter GilbertiChristopher L. Whittington
Small Business Entrepreneurship CommissionClay Allen Calvin E. BealLinda Biernacki Angelique P. DorseyRita Girouard Peter B. StewartJohnie M. Varnado Timothy H. Williamson
Social Work ExaminersJoseph J. Bodenmiller Tina Feldt
South Lafourche Levee DistrictLula Auenson Ronald L. CallaisRobert J. Eymard, Sr. Bob A. FaulkRoy J. Gisclair Ernest J. GremillionClarence Marts, Jr. Ernest J. Richoux, Jr.Monty J. Vegas
35th DAY'S PROCEEDINGS Page 7 SENATEJune 20, 2005
South Tangipahoa Parish PortDon Bankston Don BoihemDenise Fletcher Mark M. Griggs
Southern Rapid Rail TransitDewitt Jerome Wall, III
Southern University Board of SupervisorsRichard J. Caiton, Jr. John W. JosephMurphy Nash, Jr. Leaudria PolkAchilles D. Williams
Sparta Groundwater Conservation DistrictKim L. Brantley Herbert L. ByarsMack Calhoun Gene ColemanTerry Emory Don EssmeierElva A. Greer Charles E. HugginsDan Morgan Jackie ReppondMorgan C. Smith Alice Stewart
Speech Pathology and Audiology ExaminersKeith F. DeSonier, M.D. Yvonne M. FowlerAngela Sherman Glenn M. Waguespack
St. Bernard Port, Harbor and Terminal DistrictDaniel P. Bourgeois Clarke L. LozesRobert C. Schneida
Stadium and Exposition DistrictCrispus S. Gordon, Jr.
Student Financial AssistanceStephen E. Post Rebecca H. Spinnato
Tax Appeals BoardRobert G. Dunn Gary J. Ortego
Tax CommissionJill A. Giberga Richard H. Young
Tobacco Settlement Financing CorporationJames Anderson Robert BrunoWyman Mardis
Transportation AuthorityScott Kirkpatrick
Uniform Electronic Local Return and RemittanceRoy L. Austin Cynthia BoudreauxHenri Louapre Mark West
University of Louisiana System Board of SupervisorsElsie P. Burkhalter Robert T. HaleJeff Jenkins
Veterans AffairsDon A. Beasley Lane A. CarsonWilliam M. Hatchett Russell J. HenryCharles E. Huggins Carroll KnottSulanda V. Lonnette Arthur L. LovettPrecilla L. Wilkewitz
Veterans Affairs, Department ofHunt Downer, Jr. Joey Strickland
Veterinary Medicine ExaminersWilliam H. Green, D.V.M. Mica F. Landry, D.V.M.
Washington Parish ReservoirBernie Brennan
West Jefferson Levee DistrictDarrel Beerbohm Alvin J. BoudreauxHarry L. Cahill, III Tommy Plaisance, Sr.
Robert M. Robbins, Jr. Catherine J. SoutulloPeter R. Territo, Sr.
West Ouachita Parish ReservoirChristopher L. Craighead G. W. Frantom, Jr.Jerry L. Lovett Ruth RussellGrant H. Walker
White Lake Property Advisory BoardCindy Brown Karl ConnorGay Maria Gomez Nathan GrangerDonald Hale Richard A. HinesA. Claude Leach, Jr. Steve D. LinscombeDarwin Miller Samuel NoelAnnie Smith Beverly WadeRoy “Eddie” Young
Wholesale Drug DistributorsAndy Milligan Hershal Paul
Wild Caught Shrimp Industry Trade Action Advisory CouncilCathy Q. Blanchard
Wildlife and Fisheries CommissionEarl P. King, Jr. Frederic L. MillerPatrick Morrow Robert J. Samanie, III
Wildlife and Fisheries, Department ofWilliam Parke Moore, III
Women’s Policy and Research CommissionLaura M. Badeaux Representative Carla B. Dartez
Worker’s Compensation Advisory CouncilTerry T. Bromell Clark R. Cosse’Charles R. Davoli Brandon EwingRobert A. Gisclair Stephen W. GlusmanWilliam Ken Hawkins Charles Herring, M.D.Sibal S. Holt Representative Willie HunterDenis Juge Mark Juneau, Jr., M.D.Howard A. Nelson, Jr. Jim PattersonCherie A. Pinac James W. QuillinKaren R. Winfrey
Introduction of Resolutions,Senate and Concurrent
Senator Bajoie asked for and obtained a suspension of the rulesfor the purpose of introducing and reading the following Resolutions,Senate and Concurrent, a first and second time and acting upon themas follows:
SENATE CONCURRENT RESOLUTION NO. 132—BY SENATOR MCPHERSON
A CONCURRENT RESOLUTIONTo urge and request that the Department of Insurance revise its
administrative rules relative to emergency medicaltransportation to reflect transport to the nearest appropriatefacility, such destination to be determined through the LouisianaEmergency Response Network.
The resolution was read by title. Senator McPherson moved toadopt the Senate Concurrent Resolution.
ROLL CALLThe roll was called with the following result:
YEAS
Mr. President Ellington McPhersonAdley Fields MountAmedee Gautreaux B MurrayBarham Gautreaux N Nevers
Page 8 SENATE 35th DAY'S PROCEEDINGSJune 20, 2005Cain Heitmeier RomeroChaisson Hollis SchedlerCheek Jackson ShepherdDardenne Jones SmithDuplessis Kostelka TheunissenDupre Marionneaux Ullo Total - 30
NAYS
Total - 0ABSENT
Bajoie Cravins MaloneBoasso Fontenot MichotBroome Lentini Total - 8
The Chair declared the Senate had adopted the SenateConcurrent Resolution and ordered it sent to the House.
SENATE CONCURRENT RESOLUTION NO. 133—BY SENATOR MCPHERSON
A CONCURRENT RESOLUTIONTo urge and request the Department of Health and Hospitals to revise
its administrative rules relative to emergency medicaltransportation to reflect transport to the nearest appropriatefacility, such destination to be determined through the LouisianaEmergency Response Network.
The resolution was read by title. Senator McPherson moved toadopt the Senate Concurrent Resolution.
ROLL CALLThe roll was called with the following result:
YEAS
Mr. President Fields MountAdley Gautreaux B MurrayAmedee Gautreaux N NeversBarham Heitmeier RomeroChaisson Hollis SchedlerCheek Jackson ShepherdDardenne Jones SmithDuplessis Kostelka TheunissenDupre Marionneaux UlloEllington McPherson Total - 29
NAYS
Total - 0ABSENT
Bajoie Cain LentiniBoasso Cravins MaloneBroome Fontenot Michot Total - 9
The Chair declared the Senate had adopted the SenateConcurrent Resolution and ordered it sent to the House.
SENATE CONCURRENT RESOLUTION NO. 134—BY SENATOR MALONE
A CONCURRENT RESOLUTIONTo urge and request the House Committee on Commerce and the
Senate Committee on Commerce, Consumer Protection, andInternational Affairs to conduct a study pursuant to HouseConcurrent Resolution No. 169 of the 2005 Regular Session ofthe Legislature.
The resolution was read by title. Senator Malone moved toadopt the Senate Concurrent Resolution.
ROLL CALLThe roll was called with the following result:
YEAS
Mr. President Ellington MarionneauxAdley Fields McPhersonAmedee Fontenot MountBajoie Gautreaux B MurrayBarham Gautreaux N NeversCain Heitmeier RomeroChaisson Hollis SchedlerCheek Jackson ShepherdDardenne Jones SmithDuplessis Kostelka TheunissenDupre Malone Ullo Total - 33
NAYS
Total - 0ABSENT
Boasso Cravins MichotBroome Lentini Total - 5
The Chair declared the Senate had adopted the SenateConcurrent Resolution and ordered it sent to the House.
Senate Bills and Joint Resolutionson Second Reading to be Referred
The following Senate Bills and Joint Resolutions were read andreferred to committees as follows:
SENATE CONCURRENT RESOLUTION NO. 128—BY SENATOR BROOME
A CONCURRENT RESOLUTIONTo the Senate Committee on Health and Welfare and the House
Committee on Health and Welfare to meet and function as ajoint committee to study and clarify the issue of whether alicensed or certified social worker may continue to provideemployee assistance services without additional certification forthese services.
On motion of Senator Bajoie, the resolution was read by titleand returned to the Calendar, subject to call.
SENATE CONCURRENT RESOLUTION NO. 129—BY SENATOR MURRAY
A CONCURRENT RESOLUTIONTo express the intent of the legislature regarding the increased fee on
criminal bail bonds in Orleans Parish contained in House BillNo. 76 of the 2005 Regular Session.
The resolution was read by title. Senator Murray moved toadopt the Senate Concurrent Resolution.
House Bills and Joint Resolutionson Second Reading
The following House Bills and Joint Resolutions were taken upand acted upon as follows:
YEAS
Mr. President Ellington McPhersonAdley Fields MountAmedee Fontenot MurrayBajoie Gautreaux B NeversBarham Gautreaux N RomeroCain Heitmeier SchedlerChaisson Hollis Shepherd
35th DAY'S PROCEEDINGS Page 9 SENATEJune 20, 2005
Cheek Jackson SmithCravins Jones TheunissenDardenne Kostelka UlloDuplessis LentiniDupre Marionneaux Total - 34
NAYS
Total - 0ABSENT
Boasso MaloneBroome Michot Total - 4
The Chair declared the Senate had adopted the SenateConcurrent Resolution and ordered it sent to the House.
Senate Concurrent Resolutionson Second Reading to be Referred, Subject to Call
The following Senate Concurrent Resolutions were read andacted upon as follows:
Rules SuspendedSenator Ullo asked for and obtained a suspension of the rules for
the purpose of allowing the Education Committee staff to be presenton the Senate floor.
Called from the CalendarSenator Ullo asked that Senate Concurrent Resolution No. 125
be called from the Calendar at this time.
SENATE CONCURRENT RESOLUTION NO. 125—BY SENATOR ULLO AND REPRESENTATIVE CRANE
A CONCURRENT RESOLUTIONTo provide for legislative approval of the formula to determine the
cost of a minimum foundation program of education in allpublic elementary and secondary schools as well as to equitablyallocate the funds to parish and city school systems as developedby the State Board of Elementary and Secondary Education andadopted by the board on March 7, 2005, and as subsequentlyrevised pursuant to board action on June 16, 2005.
On motion of Senator Ullo, the resolution was read by title andreturned to the Calendar, subject to call.
Rules SuspendedSenator Jackson asked for and obtained a suspension of the rules
for the purpose of taking up at this time.
House Bills and Joint Resolutions onThird Reading
and Final PassageThe following House Bills and Joint Resolutions on Third
Reading and Final Passage were taken up and acted upon as follows:
HOUSE BILL NO. 765—BY REPRESENTATIVE GLOVER
AN ACTTo amend and reenact Section 4 of Act No. 46 of the 2000 Regular
Session of the Legislature as amended and reenacted by Section2 of Act No. 4 of the 2002 First Extraordinary Session of theLegislature, relative to economic development activities of thestate; to provide for certain tax credits available to employers fornew jobs created in the state; to provide for an effective date;and to provide for related matters.
The bill was read by title. Senator Jackson moved the finalpassage of the bill.
ROLL CALLThe roll was called with the following result:
YEAS
Mr. President Duplessis MaloneAdley Dupre MarionneauxAmedee Ellington McPhersonBajoie Fields MountBarham Fontenot MurrayBoasso Gautreaux B NeversBroome Gautreaux N RomeroCain Heitmeier ShepherdChaisson Hollis SmithCheek Jackson TheunissenCravins Jones UlloDardenne Lentini Total - 35
NAYS
Total - 0ABSENT
Kostelka Michot Schedler Total - 3
The Chair declared the bill was passed. The title was read andadopted. Senator Jackson moved to reconsider the vote by which thebill was passed and laid the motion on the table.
HOUSE BILL NO. 789—BY REPRESENTATIVE DANIEL
AN ACTTo enact Chapter 42 of Title 33 of the Louisiana Revised Statutes of
1950, to be comprised of R.S. 33:9581, relative to publiccontracts; to authorize certain political subdivisions to enter intoagreements for the construction, maintenance, and operation ofpublic facilities related to sewerage and nonpotable watertreatment systems; to provide with respect to the constructionand content of such contractual agreements; to provide for thedisposition and allocation of revenues and assets; to provide forthe pledge of revenues; to provide certain immunities fromliability; to provide for limitation of liability; and to provide forrelated matters.
Floor Amendments Sent UpSenator Mount sent up floor amendments which were read.
SENATE FLOOR AMENDMENTS
Amendments proposed by Senator Mount to Reengrossed House BillNo. 789 by Representative Daniel
AMENDMENT NO.1On page 1, line 16 after "between" insert "one hundred eighty-twothousand and one hundred eighty-five thousand and in any parishwith a population of between"
On motion of Senator Mount, the amendments were adopted.
The bill was read by title. Senator Fontenot moved the finalpassage of the amended bill.
ROLL CALLThe roll was called with the following result:
YEAS
Page 10 SENATE 35th DAY'S PROCEEDINGSJune 20, 2005Mr. President Dupre MarionneauxAdley Ellington McPhersonAmedee Fields MountBarham Fontenot MurrayBoasso Gautreaux B NeversBroome Gautreaux N RomeroCain Heitmeier SchedlerChaisson Hollis ShepherdCheek Jackson SmithCravins Jones TheunissenDardenne KostelkaDuplessis Lentini Total - 34
NAYS
Ullo Total - 1
ABSENT
Bajoie Malone Michot Total - 3
The Chair declared the amended bill was passed. The title wasread and adopted. Senator Fontenot moved to reconsider the vote bywhich the bill was passed and laid the motion on the table.
HOUSE BILL NO. 795—BY REPRESENTATIVE HAMMETT
AN ACTTo amend and reenact R.S. 47:3201 through 3205 and 4301 through
4306, relative to contracts with the Board of Commerce andIndustry and manufacturing establishments; and to provide forrelated matters.
On motion of Senator Bajoie, the bill was read by title andreturned to the Calendar, subject to call.
HOUSE BILL NO. 807—BY REPRESENTATIVES ALARIO, FAUCHEUX, HONEY, AND TOOMY
AN ACTTo amend and reenact R.S. 39:467, relative to the Louisiana Stadium
and Exposition District and the tax exemption for domedstadium facilities and baseball facilities; to provide for aneffective date; and to provide for related matters.
The bill was read by title. Senator Hollis moved the finalpassage of the bill.
ROLL CALLThe roll was called with the following result:
YEAS
Mr. President Dupre MarionneauxAdley Ellington McPhersonAmedee Fields MountBarham Fontenot MurrayBoasso Gautreaux B NeversBroome Gautreaux N RomeroCain Heitmeier SchedlerChaisson Hollis ShepherdCheek Jackson SmithCravins Jones UlloDardenne LentiniDuplessis Malone Total - 34
NAYS
Theunissen Total - 1
ABSENT
Bajoie Kostelka Michot Total - 3
The Chair declared the bill was passed. The title was read andadopted. Senator Hollis moved to reconsider the vote by which thebill was passed and laid the motion on the table.
HOUSE BILL NO. 832—BY REPRESENTATIVE MONTGOMERY
AN ACTTo enact R.S. 47:301(8)(f), relative to the state sales and use tax; to
provide for the exclusion of purchases by certain nonprofitentities; to provide for the use of annual exclusion certificates toadminister the exclusion; to provide for an effective date; and toprovide for related matters.
The bill was read by title. Senator Adley moved the finalpassage of the bill.
ROLL CALLThe roll was called with the following result:
YEAS
Mr. President Dupre MaloneAdley Ellington MarionneauxAmedee Fields McPhersonBarham Fontenot MountBoasso Gautreaux B MurrayBroome Gautreaux N NeversCain Heitmeier RomeroChaisson Hollis SchedlerCheek Jackson ShepherdCravins Jones SmithDardenne Kostelka TheunissenDuplessis Lentini Ullo Total - 36
NAYS
Total - 0ABSENT
Bajoie Michot Total - 2
The Chair declared the bill was passed. The title was read andadopted. Senator Adley moved to reconsider the vote by which thebill was passed and laid the motion on the table.
HOUSE BILL NO. 888— (Substitute for House Bill No. 818 byRepresentative Jackson)
BY REPRESENTATIVE JACKSON AN ACT
To amend and reenact R.S. 47:287.736, relative to the corporationincome tax; to define real estate investment trust; to disallow thedividend paid deduction for certain real estate investment trusts;and to provide for related matters.
The bill was read by title. Senator Fields moved the finalpassage of the bill.
ROLL CALLThe roll was called with the following result:
YEAS
Mr. President Dupre MarionneauxAdley Ellington McPhersonAmedee Fields MountBarham Fontenot MurrayBoasso Gautreaux B NeversBroome Gautreaux N RomeroCain Heitmeier SchedlerChaisson Hollis ShepherdCheek Jackson Smith
35th DAY'S PROCEEDINGS Page 11 SENATEJune 20, 2005
Cravins Jones TheunissenDardenne Lentini UlloDuplessis Malone Total - 35
NAYS
Total - 0ABSENT
Bajoie Kostelka Michot Total - 3
The Chair declared the bill was passed. The title was read andadopted. Senator Fields moved to reconsider the vote by which thebill was passed and laid the motion on the table.
HOUSE BILL NO. 2—BY REPRESENTATIVES HAMMETT, SALTER, ALARIO, AND DORSEYAND SENATORS HINES, BAJOIE, HEITMEIER, AND MOUNT
AN ACTTo provide with respect to the capital outlay budget and the capital
outlay program for state government, state institutions, and otherpublic entities; to provide for the designation of projects andimprovements; to provide for the financing thereof makingappropriations from certain sources; and to provide for relatedmatters.
On motion of Senator Heitmeier, the bill was read by title andreturned to the Calendar, subject to call.
HOUSE BILL NO. 30—BY REPRESENTATIVES JACK SMITH, BARROW, BAUDOIN, BAYLOR,DOVE, GLOVER, JEFFERSON, LAMBERT, MCDONALD, RITCHIE,ALEXANDER, BALDONE, BRUCE, BURRELL, R. CARTER, CAZAYOUX,CRANE, CRAVINS, DAMICO, DANIEL, DARTEZ, DOERGE, DORSEY,DOWNS, DURAND, ERDEY, FANNIN, FARRAR, FRITH, GREENE, E.GUILLORY, M. GUILLORY, HEBERT, HILL, HONEY, HUTTER,JACKSON, JOHNS, KATZ, KENNARD, KENNEY, KLECKLEY, LAFLEUR,LAFONTA, MCVEA, MONTGOMERY, ODINET, PIERRE, PITRE, M.POWELL, T. POWELL, RICHMOND, ROMERO, SALTER, SCALISE,SHEPHERD, SMILEY, GARY SMITH, JANE SMITH, JOHN SMITH, ST.GERMAIN, STRAIN, THOMPSON, TOOMY, TRAHAN, TRICHE, TUCKER,WADDELL, WALKER, WALSWORTH, WHITE, WINSTON, AND WRIGHT
AN ACTTo amend and reenact R.S. 33:1981(C)(1) and 2201(C)(1), relative
to financial security of survivors of firemen and lawenforcement officers; to provide for payments to survivingspouses; and to provide for related matters.
The bill was read by title. Senator B. Gautreaux moved the finalpassage of the bill.
ROLL CALLThe roll was called with the following result:
YEAS
Mr. President Ellington McPhersonAdley Fields MichotAmedee Fontenot MountBarham Gautreaux B MurrayBoasso Gautreaux N NeversBroome Heitmeier RomeroCain Hollis SchedlerChaisson Jackson ShepherdCheek Jones SmithCravins Kostelka TheunissenDardenne Lentini UlloDuplessis MaloneDupre Marionneaux Total - 37
NAYS
Total - 0ABSENT
Bajoie Total - 1
The Chair declared the bill was passed. The title was read andadopted. Senator B. Gautreaux moved to reconsider the vote bywhich the bill was passed and laid the motion on the table.
HOUSE BILL NO. 461—BY REPRESENTATIVES ALARIO AND TRICHE
AN ACTTo enact R.S. 39:1496.1(E)(3)(c) and to repeal R.S. 17:2008, relative
to certain state funds; to provide for the transfer of certainmonies to the Louisiana Medical Assistance Trust Fund; toestablish the Energy Performance Contracting Fund as a specialfund in the state treasury; to repeal the Vocational-TechnicalEnterprise Fund; to provide an effective date; and to provide forrelated matters.
On motion of Senator Heitmeier, the bill was read by title andreturned to the Calendar, subject to call.
HOUSE BILL NO. 474—BY REPRESENTATIVE JACKSON
AN ACTTo enact Subpart Z of Part I of Chapter 1 of Subtitle II of Title 47 of
the Louisiana Revised Statutes of 1950, to be comprised of R.S.47:120.81, relative to state individual income tax checkoffs; toprovide for a method for individuals to donate a portion of anyrefund due to the Community-based Primary Health CareInitiative Fund; to provide for collection and disbursement of thedonation by the Department of Revenue; and to provide forrelated matters.
The bill was read by title. Senator Jackson moved the finalpassage of the bill.
ROLL CALLThe roll was called with the following result:
YEAS
Mr. President Ellington McPhersonAdley Fields MichotAmedee Fontenot MountBarham Gautreaux B MurrayBoasso Gautreaux N NeversBroome Heitmeier RomeroCain Hollis SchedlerChaisson Jackson ShepherdCheek Jones SmithCravins Kostelka TheunissenDardenne Lentini UlloDuplessis MaloneDupre Marionneaux Total - 37
NAYS
Total - 0ABSENT
Bajoie Total - 1
The Chair declared the bill was passed. The title was read andadopted. Senator Jackson moved to reconsider the vote by which thebill was passed and laid the motion on the table.
HOUSE BILL NO. 531—BY REPRESENTATIVE THOMPSON AND SENATORS ELLINGTON ANDSMITH
AN ACTTo amend and reenact R.S. 51:955.4(F) and to enact R.S. 51:955.5,
relative to broadband technology; to create the BroadbandInfrastructure and Information Technology Fund; to provide for
Page 12 SENATE 35th DAY'S PROCEEDINGSJune 20, 2005
the deposit of certain monies in the fund; to provide for the useof monies in the fund; and to provide for related matters.
The bill was read by title. Senator Michot moved the finalpassage of the bill.
ROLL CALLThe roll was called with the following result:
YEAS
Mr. President Ellington McPhersonAdley Fields MichotAmedee Fontenot MountBarham Gautreaux B MurrayBoasso Gautreaux N NeversBroome Heitmeier RomeroCain Hollis SchedlerChaisson Jackson ShepherdCheek Jones SmithCravins Kostelka TheunissenDardenne Lentini UlloDuplessis MaloneDupre Marionneaux Total - 37
NAYS
Total - 0ABSENT
Bajoie Total - 1
The Chair declared the bill was passed. The title was read andadopted. Senator Michot moved to reconsider the vote by which thebill was passed and laid the motion on the table.
HOUSE BILL NO. 623—BY REPRESENTATIVE LAFLEUR
AN ACTTo amend and reenact R.S. 27:353(4), relative to the revenues under
the Pari-mutuel Live Racing Facility Economic Redevelopmentand Gaming Control Act; to define eligible facility to includefacilities temporarily not racing because of safety issues in orderto preserve the revenues to be distributed which revenues arederived from the conduct of slot machine gaming in St. LandryParish; to provide for an effective date; and to provide forrelated matters.
The bill was read by title. Senator Cravins moved the finalpassage of the bill.
ROLL CALLThe roll was called with the following result:
YEAS
Mr. President Dupre MarionneauxAdley Ellington McPhersonAmedee Fields MichotBajoie Fontenot MountBoasso Gautreaux B MurrayBroome Gautreaux N NeversCain Heitmeier RomeroChaisson Hollis SchedlerCheek Jackson ShepherdCravins Jones SmithDardenne Lentini TheunissenDuplessis Malone Ullo Total - 36
NAYS
Barham Total - 1
ABSENT
Kostelka Total - 1
The Chair declared the bill was passed. The title was read andadopted. Senator Cravins moved to reconsider the vote by which thebill was passed and laid the motion on the table.
Senator N. Gautreaux in the ChairHOUSE BILL NO. 663—
BY REPRESENTATIVES GLOVER, BAYLOR, BOWLER, BRUCE,BURRELL, AND JACK SMITH
AN ACTTo enact R.S. 15:572.8, relative to the wrongful conviction and
imprisonment; to create an application process for compensationfor wrongful conviction and imprisonment; to provide forcompensation; to create the Innocence Compensation Fund as aspecial fund in the state treasury; to provide for the deposit, use,and investment of monies in the fund; to provide for the fundingof annuity contracts in certain circumstances; to provideprocedures for filing an application; to provide for the period oftime in which the application shall be filed; and to provide forrelated matters.
Floor Amendments Sent UpSenator Chaisson sent up floor amendments which were read.
SENATE FLOOR AMENDMENTS
Amendments proposed by Senator Chaisson to Reengrossed HouseBill No. 663 by Representative Glover
AMENDMENT NO.1On page 1, at the end of line 14, after "and: delete the colon ":"
AMENDMENT NO. 2On page 1, delete lines 15 and 16 in their entirety
AMENDMENT NO. 3On page 1, at the beginning of line 17, change "(2) The" to "the"
On motion of Senator Chaisson, the amendments were adopted.
The bill was read by title. Senator Chaisson moved the finalpassage of the amended bill.
ROLL CALLThe roll was called with the following result:
YEAS
Amedee Ellington MarionneauxBajoie Fields McPhersonBarham Gautreaux B MountBoasso Gautreaux N MurrayBroome Heitmeier NeversCain Hollis RomeroChaisson Jackson SchedlerCheek Jones ShepherdCravins Lentini TheunissenDupre Malone Ullo Total - 30
NAYS
Dardenne Kostelka SmithFontenot Michot Total - 5
ABSENT
35th DAY'S PROCEEDINGS Page 13 SENATEJune 20, 2005
Mr. President Adley Duplessis Total - 3
The Chair declared the amended bill was passed. The title wasread and adopted. Senator Chaisson moved to reconsider the vote bywhich the bill was passed and laid the motion on the table.
HOUSE BILL NO. 797—BY REPRESENTATIVES BEARD AND FAUCHEUX
AN ACTTo enact Subpart C of Part X of Chapter 26 of Title 17 of the
Louisiana Revised Statutes of 1950, to be comprised of R.S.17:3398.10 through 3398.14; to provide for the establishment ofone or more film institutes; to provide for the powers, duties,functions, and governance of the institutes; to provide for aneffective date; and to provide for related matters.
The bill was read by title. Senator Broome moved the finalpassage of the bill.
ROLL CALLThe roll was called with the following result:
YEAS
Adley Fields McPhersonAmedee Fontenot MichotBajoie Gautreaux B MountBarham Gautreaux N MurrayBoasso Heitmeier NeversBroome Hollis RomeroCain Jackson SchedlerChaisson Jones ShepherdCheek Kostelka SmithDardenne Lentini TheunissenDupre Malone UlloEllington Marionneaux Total - 35
NAYS
Total - 0ABSENT
Mr. President Cravins Duplessis Total - 3
The Chair declared the bill was passed. The title was read andadopted. Senator Broome moved to reconsider the vote by which thebill was passed and laid the motion on the table.
HOUSE BILL NO. 824—BY REPRESENTATIVES ALARIO AND TRICHE
AN ACTTo provide for the establishment and reestablishment of agency
ancillary funds, to be specifically known as internal servicefunds, auxiliary accounts, or enterprise funds for certain stateinstitutions, officials, and agencies; to provide for appropriationof funds; and to regulate the administration of said funds.
On motion of Senator Bajoie, the bill was read by title andreturned to the Calendar, subject to call.
HOUSE BILL NO. 836—BY REPRESENTATIVES ALARIO, CAZAYOUX, DEWITT, GALLOT,LAFLEUR, SALTER, TOWNSEND, AND TRICHE AND SENATORSCHAISSON, HINES, LENTINI, AND MARIONNEAUX
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, andother courts; and to provide for related matters.
On motion of Senator Bajoie, the bill was read by title andreturned to the Calendar, subject to call.
HOUSE BILL NO. 841—BY REPRESENTATIVES ALARIO AND TRICHE
AN ACTTo provide with respect to the Revenue Sharing Fund and the
allocation and distribution thereof for Fiscal Year 2005-2006;and to provide for related matters.
On motion of Senator Bajoie, the bill was read by title andreturned to the Calendar, subject to call.
HOUSE BILL NO. 842—BY REPRESENTATIVES ALARIO AND TRICHE
AN ACTTo appropriate funds and to make certain reductions in appropriations
from certain sources to be allocated to designated agencies andpurposes in specific amounts for the making of supplementalappropriations and reductions for said agencies and purposes forthe 2004-2005 Fiscal Year; to establish certain special treasuryfunds; and to provide for related matters.
On motion of Senator Bajoie, the bill was read by title andreturned to the Calendar, subject to call.
HOUSE BILL NO. 858—BY REPRESENTATIVES SALTER, DORSEY, LANCASTER, ARNOLD,AND ALARIO AND SENATORS HINES, BAJOIE, JONES, ANDHEITMEIER
AN ACTTo appropriate funds for Fiscal Year 2005-2006 to defray the
expenses of the Louisiana Legislature, including the expenses ofthe House of Representatives and the Senate, of legislativeservice agencies, and of the Louisiana State Law Institute; andotherwise to provide with respect to the appropriations andallocations herein made.
On motion of Senator Bajoie, the bill was read by title andreturned to the Calendar, subject to call.
HOUSE BILL NO. 877—BY REPRESENTATIVE TOWNSEND
AN ACTTo enact R.S. 51:1792, relative to eligibility for tax incentives under
the enterprise zone program; to provide for the eligibility forcertain video draw poker owners or operators; to provide for aneffective date; and to provide for related matters.
Floor Amendments Sent UpSenator Marionneaux sent up floor amendments which were
read.
SENATE FLOOR AMENDMENTS
Amendments proposed by Senator Marionneaux to Engrossed HouseBill No. 877 by Representative Townsend
AMENDMENT NO.1On page 1, line 4, after "date;" insert "to provide for a terminationdate;"
AMENDMENT NO. 2On page 1, at the end of line 11, insert the following:
"The provisions of this Section shall expire and terminate onSeptember 1, 2006."
On motion of Senator Marionneaux, the amendments wereadopted.
The bill was read by title. Senator Marionneaux moved the finalpassage of the amended bill.
Page 14 SENATE 35th DAY'S PROCEEDINGSJune 20, 2005
ROLL CALLThe roll was called with the following result:
YEAS
Amedee Duplessis JonesBajoie Dupre MaloneBoasso Ellington MarionneauxBroome Fontenot MurrayChaisson Gautreaux B SchedlerCheek Gautreaux N ShepherdCravins Heitmeier TheunissenDardenne Jackson Ullo Total - 24
NAYS
Barham Kostelka NeversCain Lentini RomeroHollis Michot Smith Total - 9
ABSENT
Mr. President Fields MountAdley McPherson Total - 5
The Chair declared the amended bill was passed. The title wasread and adopted. Senator Marionneaux moved to reconsider thevote by which the bill was passed and laid the motion on the table.
Personal PrivilegeSenator Malone asked for and obtained the floor of the Senate
on a point of personal privilege, and stated he had voted in error onHouse Bill No. 877. He voted yea on the bill and had intended to votenay. He asked that the Official Journal so state.
Personal PrivilegeSenator Amedee asked for and obtained the floor of the Senate
on a point of personal privilege, and stated he had voted in error onHouse Bill No. 877. He voted yea on the bill and had intended to votenay. He asked that the Official Journal so state.
Personal PrivilegeSenator Dardenne asked for and obtained the floor of the Senate
on a point of personal privilege, and stated he had voted in error onHouse Bill No. 877. He voted yea on the bill and had intended to votenay. He asked that the Official Journal so state.
Personal PrivilegeSenator Fontenot asked for and obtained the floor of the Senate
on a point of personal privilege, and stated he had voted in error onHouse Bill No. 877. He voted yea on the bill and had intended to votenay. He asked that the Official Journal so state.
Rules SuspendedSenator Bajoie asked for and obtained a suspension of the rules
for the purpose of taking up at this time.
House Bills and Joint Resolutions onThird Reading and Final Passage,
Subject to CallThe following House Bills and Joint Resolutions on Third
Reading and Final Passage, subject to call, were taken up and actedupon as follows:
Called from the CalendarSenator Schedler asked that House Bill No. 81 be called from
the Calendar at this time for its final passage.
HOUSE BILL NO. 81—BY REPRESENTATIVE TUCKER
AN ACTTo enact R.S. 28:53.2(B)(5), relative to an order for custody; to
provide for the contents of the order; and to provide for relatedmatters.
The bill was read by title. Senator Schedler moved the finalpassage of the bill.
ROLL CALLThe roll was called with the following result:
YEAS
Adley Ellington McPhersonAmedee Fontenot MichotBajoie Gautreaux B MountBarham Gautreaux N MurrayBoasso Heitmeier NeversBroome Hollis RomeroCain Jackson SchedlerChaisson Jones ShepherdCheek Kostelka SmithDardenne Lentini TheunissenDuplessis Malone UlloDupre Marionneaux Total - 35
NAYS
Total - 0ABSENT
Mr. President Cravins Fields Total - 3
The Chair declared the bill was passed. The title was read andadopted. Senator Schedler moved to reconsider the vote by whichthe bill was passed and laid the motion on the table.
Called from the CalendarSenator Dupre asked that House Bill No. 494 be called from the
Calendar at this time for its final passage.
HOUSE BILL NO. 494—BY REPRESENTATIVE ST. GERMAIN
AN ACTTo amend and reenact R.S. 56:320(A)(1), relative to use of certain
recreational fishing gear; to clarify areas of the state where wirenets and hoop nets may be used for recreational fishing; and toprovide for related matters.
The bill was read by title. Senator Dupre moved the finalpassage of the bill.
ROLL CALLThe roll was called with the following result:
YEAS
Adley Ellington MarionneauxAmedee Fontenot McPhersonBajoie Gautreaux B MichotBarham Gautreaux N MurrayBoasso Heitmeier NeversBroome Hollis Romero
35th DAY'S PROCEEDINGS Page 15 SENATEJune 20, 2005
Cain Jackson SchedlerChaisson Jones ShepherdCheek Kostelka SmithDardenne Lentini TheunissenDupre Malone Ullo Total - 33
NAYS
Total - 0ABSENT
Mr. President Duplessis MountCravins Fields Total - 5
The Chair declared the bill was passed. The title was read andadopted. Senator Dupre moved to reconsider the vote by which thebill was passed and laid the motion on the table.
Called from the CalendarSenator Murray asked that House Bill No. 137 be called from
the Calendar at this time for its final passage.
HOUSE BILL NO. 137—BY REPRESENTATIVE BRUNEAU
AN ACTTo amend and reenact R.S. 33:9091.1(F)(1) and (3), relative to the
Lakeview Crime Prevention District; to provide for changing theamount and the term of the parcel fee levied for the district; andto provide for related matters.
The bill was read by title. Senator Murray moved the finalpassage of the bill.
SENATE FLOOR AMENDMENTS
Amendments proposed by Senator Murray to Engrossed House BillNo. 137 by Representative Bruneau
AMENDMENT NO.1Delete Senate Committee Amendments 1 through 4 proposed by theSenate Committee on Local and Municipal Affairs and adopted bythe Senate on June 7, 2005.
AMENDMENT NO. 2On page 2, at the end of line 6, insert "2006 mayoral primary"
AMENDMENT NO. 3On page 2, line 7, after "election" insert a period "." and delete theremainder of the line
AMENDMENT NO. 4On page 2, delete line 8 in its entirety
AMENDMENT NO. 5On page 3, line 3, after "held only at the" insert "2006 mayoralprimary"
AMENDMENT NO. 6On page 3, line 3, after "election" insert a period "." and delete theremainder of the line
AMENDMENT NO. 7On page 3, line 4, delete "November 7, 2006, or at a later mayoralprimary election."
On motion of Senator Murray, the amendments were adopted.
The bill was read by title. Senator Murray moved the finalpassage of the amended bill.
ROLL CALLThe roll was called with the following result:
YEAS
Adley Dupre MaloneAmedee Ellington McPhersonBajoie Fontenot MichotBarham Gautreaux B MountBoasso Gautreaux N MurrayBroome Heitmeier NeversCain Hollis RomeroChaisson Jackson SchedlerCheek Jones SmithDardenne Kostelka TheunissenDuplessis Lentini Ullo Total - 33
NAYS
Total - 0ABSENT
Mr. President Fields ShepherdCravins Marionneaux Total - 5
The Chair declared the amended bill was passed. The title wasread and adopted. Senator Murray moved to reconsider the vote bywhich the bill was passed and laid the motion on the table.
Called from the CalendarSenator Jones asked that House Bill No. 423 be called from the
Calendar at this time for its final passage.
HOUSE BILL NO. 423—BY REPRESENTATIVES BRUNEAU, LANCASTER, PITRE, JEFFERSON,LAFONTA, CAZAYOUX, AND FAUCHEUX
AN ACTTo amend and reenact R.S. 18:3(C), 110(B)(3), 115(F), 423(D),
462(B), 493, 533(D), 563(D) and (E), 566.2(B), 573(A)(3) and(D), 591, 601, 602(A), (B), (C), (E)(2)(a), and (F), 604(B)(1)and (2)(a), 621(A)(2), 1307(B)(2), (D), and (E), 1309(D)(1),1311(D)(1), 1314, 1400.3(D)(1), and 1402(A), (B)(1), and (C)and to enact R.S. 18:502.1, 563(F), 1307(F), 1461(A)(23), and1485(D), relative to the Election Code; to provide for theverification by registrars of voters of signatures on petitions; toprovide relative to when a change in registration becomeseffective after a voter changes his residence; to provide relativeto the manner of qualifying for certain offices; to provide forstudents at an institution of higher learning outside of theirparish of residence to register to vote absentee by mail and tovote as such without first appearing in the office of the registrar;to provide for a person who appears in the office of the registrarto establish his identity prior to the absentee in person votingperiod to vote absentee by mail; to provide relative to thepersonnel of certain parish boards of election supervisors; tospecify the deadline for objections to candidacy; to providerelative to payment for use of private property as a pollingplace; to require the appropriate clerk of court to provide noticeat the appropriate polling places of a candidate who haswithdrawn but whose name appears on the ballot; to prohibit theuse of certain electronic communication devices while votingand to exempt certain electronic communication devices usedfor assisted voting; to provide relative to the use of absenteecommissioners or commissioners for the counting and tabulationof provisional ballots; to provide relative to the procedures forthe opening and inspection of voting machines after the election;to provide relative to the deadlines for making appointments andissuing proclamations to fill vacancies in certain offices; toprovide relative to selecting an election date for filling avacancy in the office of constable or marshal; to provide relativeto the deadline for submitting an application to vote by mail for
Page 16 SENATE 35th DAY'S PROCEEDINGSJune 20, 2005
certain hospitalized persons and the handling of such voters'absentee ballots; to provide relative to compensation of certaintemporary employees in the registrars' offices; to providerelative to identification of voters who vote absentee in person;to provide relative to proper parties to objections to candidacyand election contests; to provide for an election offense relativeto the untimely submission of voter registration applications; toprovide relative to campaign finance filings submitted to thesupervisory committee; and to provide for related matters.
The bill was read by title. Senator Jones moved the finalpassage of the bill.
ROLL CALLThe roll was called with the following result:
YEAS
Adley Dupre MarionneauxAmedee Ellington McPhersonBajoie Fontenot MichotBoasso Gautreaux B MountBroome Gautreaux N MurrayCain Heitmeier NeversChaisson Hollis RomeroCheek Jackson SchedlerCravins Jones SmithDardenne Lentini TheunissenDuplessis Malone Ullo Total - 33
NAYS
Total - 0ABSENT
Mr. President Fields ShepherdBarham Kostelka Total - 5
The Chair declared the bill was passed. The title was read andadopted. Senator Jones moved to reconsider the vote by which thebill was passed and laid the motion on the table.
Called from the CalendarSenator Fontenot asked that House Bill No. 771 be called from
the Calendar at this time for its final passage.
HOUSE BILL NO. 771—BY REPRESENTATIVE DAMICO
AN ACTTo amend and reenact R.S. 40:1484.2(8) and to enact R.S.
40:1484.9(E) and 1484.14, relative to air-supported structures;to provide for the definition of operator; to provide that certainprovisions of law shall apply to operators of air-supportedstructures; to require operators of such structures to maintainminimum liability insurance or bond; to require that operatorsof air-supported structures report such purchases to the assistantsecretary; to provide that the assistant secretary maintain arecord of reported purchases; to provide penalties for anoperator's failure to report; and to provide for related matters.
The bill was read by title. Senator Fontenot moved the finalpassage of the bill.
ROLL CALLThe roll was called with the following result:
YEAS
Adley Ellington MarionneauxAmedee Fields McPherson
Bajoie Fontenot MichotBoasso Gautreaux B MountBroome Gautreaux N MurrayChaisson Heitmeier NeversCheek Hollis RomeroCravins Jackson SchedlerDardenne Jones SmithDuplessis Kostelka TheunissenDupre Lentini Ullo Total - 33
NAYS
Total - 0ABSENT
Mr. President Cain ShepherdBarham Malone Total - 5
The Chair declared the bill was passed. The title was read andadopted. Senator Fontenot moved to reconsider the vote by whichthe bill was passed and laid the motion on the table.
Called from the CalendarSenator Jackson asked that House Bill No. 33 be called from the
Calendar at this time for its final passage.
HOUSE BILL NO. 33—BY REPRESENTATIVE MONTGOMERY
AN ACTTo amend and reenact R.S. 40:4(A)(2)(b)(i) and (ii), relative to the
treatment of infectious biomedical waste; to require thecertification and testing of all equipment used to treat infectiousbiomedical waste; and to provide for related matters.
Floor Amendments Sent UpSenator McPherson sent up floor amendments which were read.
SENATE FLOOR AMENDMENTS
Amendments proposed by Senator McPherson to Engrossed HouseBill No. 33 by Representative Montgomery
AMENDMENT NO.1On page 1, line 2 after "(ii)" insert "and to enact R.S.40:4(A)(2)(b)(v)"
AMENDMENT NO. 2On page 1, line 6 after "reenacted" insert "and to enact R.S.40:4(A)(2)(b)(v)"
AMENDMENT NO. 3On page 2, at the end of line 20 change "quarterly" to "annually"
AMENDMENT NO. 4On page 2, between lines 21 and 22 insert the following:
"(v) The state health officer shall establish a reasonable fee forthe certification and testing of all equipment used to treat infectiouswaste. Such fee shall be established by rule, in accordance with theAdministrative Procedure Act.
* * *"
On motion of Senator McPherson, the amendments wereadopted.
The bill was read by title. Senator Jackson moved the finalpassage of the amended bill.
35th DAY'S PROCEEDINGS Page 17 SENATEJune 20, 2005
ROLL CALLThe roll was called with the following result:
YEAS
Adley Dupre MarionneauxAmedee Ellington McPhersonBajoie Fontenot MichotBarham Gautreaux B MountBoasso Gautreaux N MurrayBroome Heitmeier NeversCain Hollis RomeroChaisson Jackson SchedlerCheek Jones ShepherdCravins Kostelka SmithDardenne Lentini TheunissenDuplessis Malone Ullo Total - 36
NAYS
Total - 0ABSENT
Mr. President Fields Total - 2
The Chair declared the amended bill was passed. The title wasread and adopted. Senator Jackson moved to reconsider the vote bywhich the bill was passed and laid the motion on the table.
Called from the CalendarSenator Kostelka asked that House Bill No. 653 be called from
the Calendar at this time for its final passage.
HOUSE BILL NO. 653—BY REPRESENTATIVE ERDEY
AN ACTTo enact R.S. 22:1193(L), relative to continuing education for
licensed insurance producers; to provide for title insuranceagents; and to provide for related matters.
The bill was read by title. Senator Kostelka moved the finalpassage of the bill.
ROLL CALLThe roll was called with the following result:
YEAS
Adley Dupre MarionneauxAmedee Ellington McPhersonBajoie Fontenot MichotBarham Gautreaux B MountBoasso Gautreaux N MurrayBroome Heitmeier NeversCain Hollis RomeroChaisson Jackson SchedlerCheek Jones ShepherdCravins Kostelka SmithDardenne Lentini TheunissenDuplessis Malone Ullo Total - 36
NAYS
Total - 0ABSENT
Mr. President Fields Total - 2
The Chair declared the bill was passed. The title was read andadopted. Senator Kostelka moved to reconsider the vote by whichthe bill was passed and laid the motion on the table.
Called from the CalendarSenator Lentini asked that House Bill No. 138 be called from the
Calendar at this time for its final passage.
HOUSE BILL NO. 138—BY REPRESENTATIVES HUTTER AND MCDONALD
AN ACTTo enact R.S. 9:2801(C), relative to the award of attorney fees in a
community property partition; to provide that the court mayaward attorney fees when a party fails to comply with the timelimits in a community property partition; and to provide forrelated matters.
The bill was read by title. Senator Lentini moved the finalpassage of the bill.
ROLL CALLThe roll was called with the following result:
YEAS
Adley Dupre MarionneauxAmedee Ellington McPhersonBajoie Fontenot MichotBarham Gautreaux B MountBoasso Gautreaux N MurrayBroome Heitmeier NeversCain Hollis RomeroChaisson Jackson SchedlerCheek Jones ShepherdCravins Kostelka SmithDardenne Lentini TheunissenDuplessis Malone Ullo Total - 36
NAYS
Total - 0ABSENT
Mr. President Fields Total - 2
The Chair declared the bill was passed. The title was read andadopted. Senator Lentini moved to reconsider the vote by which thebill was passed and laid the motion on the table.
Called from the CalendarSenator Lentini asked that House Bill No. 255 be called from the
Calendar at this time for its final passage.
HOUSE BILL NO. 255—BY REPRESENTATIVE ANSARDI
AN ACTTo repeal Part VIII of Chapter 2 of Subtitle IV of Title 11 of the
Louisiana Revised Statutes of 1950, comprised of R.S. 11:3251through 3267, to repeal provisions relative to the Firemen'sPension and Relief Fund for the city of Kenner; to provide fordisposition of monies remaining to the credit of the fund; toprovide for an effective date; and to provide for related matters.
The bill was read by title. Senator Lentini moved the finalpassage of the bill.
Page 18 SENATE 35th DAY'S PROCEEDINGSJune 20, 2005
ROLL CALLThe roll was called with the following result:
YEAS
Adley Dupre MarionneauxAmedee Ellington McPhersonBajoie Fontenot MichotBarham Gautreaux B MountBoasso Gautreaux N MurrayBroome Heitmeier NeversCain Hollis RomeroChaisson Jackson SchedlerCheek Jones ShepherdCravins Kostelka SmithDardenne Lentini TheunissenDuplessis Malone Ullo Total - 36
NAYS
Total - 0ABSENT
Mr. President Fields Total - 2
The Chair declared the bill was passed. The title was read andadopted. Senator Lentini moved to reconsider the vote by which thebill was passed and laid the motion on the table.
Called from the CalendarSenator Michot asked that House Bill No. 425 be called from the
Calendar at this time for its final passage.
HOUSE BILL NO. 425—BY REPRESENTATIVE TRAHAN
AN ACTTo amend and reenact R.S. 28:63(A) and (C) and to enact R.S.
28:53(N), 53.2(G), and 54(E) and 63(O), relative to civilcommitments; to provide for limitations of liability for publicand private general hospitals and their personnel; and to providefor related matters.
Floor Amendments Sent UpSenator Michot sent up floor amendments which were read.
SENATE FLOOR AMENDMENTS
Amendments proposed by Senator N. Gautreaux to Engrossed HouseBill No. 425 by Representative Trahan
AMENDMENT NO.1Delete Senate Committee Amendments No. 1 through 11 proposedby the Senate Committee on Judiciary A and adopted by the Senateon May 18, 2005.
AMENDMENT NO. 2Delete Legislative Bureau Amendment No. 1 proposed by theLegislative Bureau and adopted by the Senate on May 19, 2005.
AMENDMENT NO. 3On page 1, line 11, after "N." insert "(1)"
AMENDMENT NO. 4On page 1, delete line 18, and insert in lieu thereof:
"such training has been documented in their personnel files. Thetraining shall be provided by an instructor who has attended a coursein crisis intervention taught by a certified instructor.
(2) The provisions of this Subsection shall not affect theprovisions of R.S. 40:2113.6 or the Federal Emergency MedicalTreatment and Active Labor Act 42, U.S.C. 1395dd."
AMENDMENT NO. 5On page 2, line 4, after "G." insert "(1)"
AMENDMENT NO. 6"On page 2, delete line 11, and insert in lieu thereof:
"such training has been documented in their personnel files. Thetraining shall be provided by an instructor who has attended a coursein crisis intervention taught by a certified instructor.
(2) The provisions of this Subsection shall not affect theprovisions of R.S. 40:2113.6 or the Federal Emergency MedicalTreatment and Active Labor Act 42, U.S.C. 1395dd."
AMENDMENT NO. 7On page 2, line 14, after "E." insert "(1)"
AMENDMENT NO. 8On page 2, delete line 21, and insert in lieu thereof:
"such training has been documented in their personnel files. Thetraining shall be provided by an instructor who has attended a coursein crisis intervention taught by a certified instructor.
(2) The provisions of this Subsection shall not affect theprovisions of R.S. 40:2113.6 or the Federal Emergency MedicalTreatment and Active Labor Act 42, U.S.C. 1395dd."
AMENDMENT NO. 9On page 2, line 25, after "A." insert "(1)"
AMENDMENT NO. 10On page 3, line 1, after "opinions" insert "which fall within the scopeof his duties"
AMENDMENT NO. 11On page 3, delete line 6, and insert in lieu thereof:
"crisis intervention. The training has been documented in theirpersonnel files. The training shall be provided by an instructor whohas attended a course in crisis intervention taught by a certifiedinstructor.
(2) The provisions of this Subsection shall not affect theprovisions of R.S. 40:2113.6 or the Federal Emergency MedicalTreatment and Active Labor Act 42, U.S.C. 1395dd."
AMENDMENT NO. 12On page 3, delete line 14, and insert in lieu thereof:
"training has been documented in their personnel files. Thetraining shall be provided by an instructor who has attended a coursein crisis intervention taught by a certified instructor.
(2) The provisions of this Subsection shall not affect theprovisions of R.S. 40:2113.6 or the Federal Emergency MedicalTreatment and Active Labor Act 42, U.S.C. 1395dd. "
AMENDMENT NO. 13On page 3, delete line 26, and insert in lieu thereof:
"been documented in their personnel files. The training shall beprovided by an instructor who has attended a course in crisisintervention taught by a certified instructor.
(2) The provisions of this Subsection shall not affect theprovisions of R.S. 40:2113.6 or the Federal Emergency MedicalTreatment and Active Labor Act 42, U.S.C. 1395dd. "
On motion of Senator Michot, the amendments were adopted.
The bill was read by title. Senator Michot moved the finalpassage of the amended bill.
ROLL CALLThe roll was called with the following result:
YEAS
Adley Ellington McPhersonAmedee Fontenot MichotBajoie Gautreaux B MountBarham Gautreaux N Murray
35th DAY'S PROCEEDINGS Page 19 SENATEJune 20, 2005
Boasso Heitmeier NeversBroome Hollis RomeroCain Jackson SchedlerChaisson Jones ShepherdCheek Kostelka SmithDardenne Lentini TheunissenDuplessis Malone UlloDupre Marionneaux Total - 35
NAYS
Total - 0ABSENT
Mr. President Cravins Fields Total - 3
The Chair declared the amended bill was passed. The title wasread and adopted. Senator Michot moved to reconsider the vote bywhich the bill was passed and laid the motion on the table.
Called from the CalendarSenator Michot asked that House Bill No. 462 be called from the
Calendar at this time for its final passage.
HOUSE BILL NO. 462—BY REPRESENTATIVES HAMMETT, SALTER, ALARIO, DORSEY,BRUCE, CROWE, DOERGE, FRITH, GEYMANN, KLECKLEY, LAFONTA,PINAC, RITCHIE, GARY SMITH, WALSWORTH, WHITE, AND WINSTONAND SENATORS HINES, BAJOIE, HEITMEIER, AND MOUNT
AN ACTTo amend and reenact R.S. 51:3053(5)(a) and to enact R.S.
51:3054(B)(4), relative to the Louisiana Major ProjectDevelopment Authority; to provide for certain projectthresholds; to authorize the creation of an executive committeeof the board of directors; and to provide for related matters.
Floor Amendments Sent UpSenator Michot sent up floor amendments which were read.
SENATE FLOOR AMENDMENTS
Amendments proposed by Senator Michot to Engrossed House BillNo. 462 by Representative Hammett
AMENDMENT NO.1On page 1, line 2, after “reenact” delete “R.S.51:3053 (5)(a)" andinsert in lieu thereof "R.S. 51:3052(2) and (3), 3053(2), (5) and (6),3054(C), 3055 (intro para), (16) and (21)”
AMENDMENT NO. 2On page 1, delete line 4 and insert "thresholds; to provide relative tocertain legislative findings; to provide certain definitions; to providecertain terms, conditions, procedures, and requirements; to authorizethe creation of an executive committee of the board of"
AMENDMENT NO. 3On page 1, line 7, after "Section 1." delete "R.S. 51:3053(5)(a) is"and insert in lieu thereof "R.S. 51:3052(2) and (3), 3053(2), (5) and(6), 3054(C), 3055 (intro para), (16) and (21) are”
AMENDMENT NO. 4On page 1, between lines 8 and 9, insert the following:
Ҥ3052. Legislative findings* * *
(2) To help provide employment opportunities, the LouisianaMajor Projects Development Authority, a statewide authority, ishereby created with power to secure the location projects of majoreconomic impact within this state, or an adjoining state, if theadjoining state has a reciprocal statute which similarly benefits theState of Louisiana, and the benefits granted a business under thischapter are not greater than the economic impact to the State of
Louisiana, of major economic impact projects as shall be hereinafterdefined.
(3) In accomplishing this purpose, the authority shall beauthorized by this statute and by operation of other appropriatestatutes, to act by cooperative endeavor with other state agencies andpersons, and state agencies and persons of adjoining states, within theparameters set forth above, to secure the economic development andwelfare and shall act in all respects for the benefit of the people of thestate.
* * *”
AMENDMENT NO. 5On page 1, between lines 13 and 14 insert:
“(2) "Business" means any entity duly authorized to do anddoing business in good standing in the state of Louisiana, or anadjoining state, within the parameters set forth in R.S. 51:3052(2), insuch categories as may hereinafter be defined by this statute for thepurposes of the authority's business, and shall, where applicable,include the United States of America.
* * *"
AMENDMENT NO. 6On page 2, line 7, after “state” insert “, or an adjoining state, if theadjoining state falls within the parameters set forth in R.S.51:3052(2) and one quarter of the jobs will be filled by Louisianaresidents,”
AMENDMENT NO. 7On page 2, between lines 10 and 11, insert the following:
“(b) The addition to or expansion of existing facilities where theaggregate capital investment, after expansion exceeds three hundredmillion dollars where the value of the addition or expansion exceedsone hundred fifty million dollars and the addition or expansioncreates at least one thousand net new full-time jobs in this state or anadjoining state, if the adjoining state falls within the parameters setforth in R.S. 51:3052(2) and one quarter of the jobs will be filled byLouisiana residents, providing an average salary of at least onehundred twenty-five percent of the most recently published averageannual wage of the state as determined by the Department ofEconomic Development from available public data; and
(c) Any ancillary development or business resulting from thebusiness, of which the authority is notified, within three years fromthe date that the business entered into commercial production, wherethe ancillary development or business continues the modernizationof the project and results in an additional employment increase in thisstate of at least ten percent over the level of jobs maintained at theproject site at the time of the ancillary development or an increase ofat least ten percent over the level of jobs maintained at the projectsite at the time of the ancillary development by Louisiana residentsin an adjoining state within the parameters set forth in R.S.51:3052(2).
(d) Upon the recommendation of the governor and the executivedirector, the board of directors of the authority shall consider anyproject that will create at least five hundred permanent net new full-time jobs in this state, or an adjoining state, if the adjoining state fallswithin the parameters of R.S. 51:3052(2) and one quarter of the jobswill be filled by Louisiana residents, and which meets the capitalinfrastructure investments and wage levels contained inSubparagraph (a) of this Paragraph.
(6) "Project area" means the project site, together with any areaor territory within the state, or and adjoining state, within theparameters of R.S. 51:3052(2), lying within sixty-five miles of anyportion of the project site. The project area shall also include allterritory within a parish if any portion of such parish lies withinsixty-five miles of any portion of the project site.
* * *”
AMENDMENT NO. 8On page 2, after line 23, insert the following:
"C. (1) The authority, through its board of directors, is herebydesignated and empowered to act on behalf of the state in submittingproject site proposals for any project eligible for assistance under thisChapter, which proposal shall be subject to approval by thelegislature. Pursuant to this designation, the authority is empowered
Page 20 SENATE 35th DAY'S PROCEEDINGSJune 20, 2005to take all steps appropriate or necessary to effect the siting,development, and operation of a project, within the State, includingthe negotiation of a price for the site. If the state or an adjoiningstate, within the parameters set forth in R.S. 51:3052(2), is selectedas the preferred project site for the project, the authority is herebydesignated and empowered to act on behalf of the state and torepresent the state in the planning, financing, development,construction and operation of the project or any facility related to theproject, upon an affirmative vote of a majority of the board ofdirectors and the concurrence of any affected public agency.
(2) The authority may take affirmative steps to coordinate fullyall aspects of the submission of project site proposals for the projectand, if the state or an adjoining state, within the parameters set forthin R.S. 51:3053(2), is selected as the preferred site for the project, tocoordinate fully, upon an affirmative vote of a majority of the boardof directors and with the concurrence of the affected public agency,the development of the project or any facility related to the projectwith private business, the United States government and other publicagencies. All public agencies are encouraged to cooperate to thefullest extent possible to effectuate the duties of the authority;however, the development of the project or any facility related to theproject by the authority may be undertaken only upon an affirmativevote of a majority of the board of directors and the concurrence ofany affected public agency.
* * *§3055. Functions and activities of the authorityThe authority, by a majority vote of the members of the board
of directors, may engage in whatever activities and projects it deemsmost appropriate to encourage and assist project site selection andother development of projects and facilities related to projectsthroughout the state or an adjoining state, within the parameters setforth in R.S. 51:3052(2), and in doing so, may undertake thefollowing functions:
* * *(16) From and after the date of notification to the authority by
the enterprise that the state or an adjoining state, within theparameters set forth in R.S. 51:3052(2), has been finally selected asthe site of the project, and subject to legislative approval, to acquireby expropriation and to own, maintain, use, operate and convey orotherwise dispose of, any and all property of any kind, real, personalor mixed, or any interest or estate therein, within the project area,necessary for the project or any facility related to the project, with theconcurrence of any affected public agencies, and the exercise of thepowers granted by this Chapter, according to the procedures providedby law; however, the authority shall not expropriate any propertyowned or operated by any entity subject to the jurisdiction of theLouisiana Public Service Commission or a similar body that regulatespublic utilities, or hydrocarbon transportation companies, except asotherwise provided by law.
* * *(21) To develop plans for technology transfer activities to ensure
private sector conduits for exchange of information, technology andexpertise related to the project to generate opportunities forcommercial development within the state or an adjoining state, withinthe parameters set forth in R.S. 51:3052(2).”
On motion of Senator Michot, the amendments were adopted.
The bill was read by title. Senator Michot moved the finalpassage of the amended bill.
ROLL CALLThe roll was called with the following result:
YEAS
Adley Dupre MarionneauxAmedee Ellington McPhersonBajoie Fontenot MichotBarham Gautreaux B MountBoasso Gautreaux N MurrayBroome Heitmeier NeversCain Hollis Romero
Chaisson Jackson SchedlerCheek Jones ShepherdCravins Kostelka SmithDardenne Lentini TheunissenDuplessis Malone Ullo Total - 36
NAYS
Total - 0ABSENT
Mr. President Fields Total - 2
The Chair declared the amended bill was passed. The title wasread and adopted. Senator Michot moved to reconsider the vote bywhich the bill was passed and laid the motion on the table.
Called from the CalendarSenator McPherson asked that House Bill No. 753 be called
from the Calendar at this time for its final passage.
HOUSE BILL NO. 753—BY REPRESENTATIVES DURAND AND MCDONALD
AN ACTTo amend and reenact R.S. 37:1212, relative to the Pharmacy
Practice Act; to provide relative to the practice of pharmacytechnicians; and to provide for related matters.
The bill was read by title. Senator McPherson moved the finalpassage of the bill.
ROLL CALLThe roll was called with the following result:
YEAS
Adley Dupre MarionneauxAmedee Ellington McPhersonBajoie Fontenot MichotBarham Gautreaux B MountBoasso Gautreaux N MurrayBroome Heitmeier NeversCain Hollis RomeroChaisson Jackson SchedlerCheek Jones ShepherdCravins Kostelka SmithDardenne Lentini TheunissenDuplessis Malone Ullo Total - 36
NAYS
Total - 0ABSENT
Mr. President Fields Total - 2
The Chair declared the bill was passed. The title was read andadopted. Senator McPherson moved to reconsider the vote by whichthe bill was passed and laid the motion on the table.
Called from the CalendarSenator B. Gautreaux asked that House Bill No. 478 be called
from the Calendar at this time for its final passage.
35th DAY'S PROCEEDINGS Page 21 SENATEJune 20, 2005
HOUSE BILL NO. 478—BY REPRESENTATIVE HEATON
AN ACTTo amend and reenact R.S. 11:1386, relative to the judges'
noncontributory plan; to provide a two percent cost-of-livingadjustment for judges who did not opt to become members ofthe Louisiana State Employees' Retirement System and forsurviving spouses of such judges; to provide an effective date;and to provide for related matters.
The bill was read by title. Senator B. Gautreaux moved the finalpassage of the bill.
ROLL CALLThe roll was called with the following result:
YEAS
Adley Dupre McPhersonAmedee Ellington MichotBajoie Fontenot MurrayBarham Gautreaux B NeversBoasso Gautreaux N RomeroBroome Heitmeier SchedlerCain Hollis ShepherdChaisson Jackson SmithCheek Jones TheunissenCravins Kostelka UlloDardenne MaloneDuplessis Marionneaux Total - 34
NAYS
Total - 0ABSENT
Mr. President LentiniFields Mount Total - 4
The Chair declared the bill was passed. The title was read andadopted.
ReconsiderationOn motion of Senator B. Gautreaux, asked for and obtained a
suspension of the rules to reconsider the vote by which the followingbill just passed.
HOUSE BILL NO. 478—BY REPRESENTATIVE HEATON
AN ACTTo amend and reenact R.S. 11:1386, relative to the judges'
noncontributory plan; to provide a two percent cost-of-livingadjustment for judges who did not opt to become members ofthe Louisiana State Employees' Retirement System and forsurviving spouses of such judges; to provide an effective date;and to provide for related matters.
The bill was read by title. Senator B. Gautreaux moved the finalpassage of the bill.
ROLL CALLThe roll was called with the following result:
YEAS
Adley Ellington McPhersonAmedee Fontenot MichotBajoie Gautreaux B MountBarham Gautreaux N MurrayBroome Heitmeier Nevers
Cain Hollis RomeroChaisson Jackson SchedlerCheek Jones ShepherdCravins Kostelka SmithDardenne Lentini TheunissenDuplessis Malone UlloDupre Marionneaux Total - 35
NAYS
Boasso Total - 1
ABSENT
Mr. President Fields Total - 2
The Chair declared the bill was passed. The title was read andadopted. Senator B. Gautreaux moved to reconsider the vote bywhich the bill was passed and laid the motion on the table.
Called from the CalendarSenator Ullo asked that House Bill No. 178 be called from the
Calendar at this time for its final passage.
HOUSE BILL NO. 178—BY REPRESENTATIVES HUTTER, BARROW, AND BAUDOIN ANDSENATOR DUPLESSIS
AN ACTTo amend and reenact R.S. 17:15(A)(1) and (2)(a)(introductory
paragraph), (i), and (ii) and (b), (B), and (D), relative to criminalhistory review; to prohibit public school boards and nonpublicschools and school systems from hiring specified persons whohave been convicted of or pled nolo contendere to certaincrimes, except under certain circumstances; to provide relativeto procedures established by city, parish, and other local publicschool boards to determine whether such persons have beenconvicted of certain crimes; and to provide for related matters.
The bill was read by title. Senator Ullo moved the final passageof the bill.
ROLL CALLThe roll was called with the following result:
YEAS
Adley Fields McPhersonAmedee Fontenot MichotBajoie Gautreaux B MountBarham Gautreaux N NeversCain Heitmeier RomeroChaisson Hollis SchedlerCheek Jackson SmithDardenne Kostelka TheunissenDuplessis Lentini UlloDupre MaloneEllington Marionneaux Total - 31
NAYS
Boasso Jones ShepherdCravins Murray Total - 5
ABSENT
Mr. President Broome Total - 2
The Chair declared the bill was passed. The title was read andadopted. Senator Ullo moved to reconsider the vote by which the billwas passed and laid the motion on the table.
Page 22 SENATE 35th DAY'S PROCEEDINGSJune 20, 2005
Rules SuspendedSenator Marionneaux asked for and obtained a suspension of the
rules for the purpose of taking up at this time.
Senate Resolutionsto be Adopted, Subject to Call
The following Senate Resolutions to be adopted, subject to call,were taken up and acted upon as follows:
Called from the CalendarSenator Marionneaux asked that Senate Resolution No. 55 be
called from the Calendar at this time.
SENATE RESOLUTION NO. 55—BY SENATORS MARIONNEAUX, ADLEY, AMEDEE, BAJOIE, BARHAM,BOASSO, BROOME, CAIN, CHAISSON, CHEEK, CRAVINS, DARDENNE,DUPLESSIS, DUPRE, ELLINGTON, FIELDS, FONTENOT, B.GAUTREAUX, N. GAUTREAUX, HEITMEIER, HINES, HOLLIS,JACKSON, JONES, KOSTELKA, LENTINI, MALONE, MCPHERSON,MICHOT, MOUNT, MURRAY, NEVERS, ROMERO, SCHEDLER,SHEPHERD, SMITH, THEUNISSEN AND ULLO
A RESOLUTIONTo express the sincere and heartfelt condolences of the Senate of the
Legislature of Louisiana to the family of United States ArmyNational Guard Sergeant Lee M. Godbolt upon his death inOperation Iraqi Freedom.
On motion of Senator Marionneaux, the resolution was read bytitle and adopted.
Rules SuspendedSenator Mount asked for and obtained a suspension of the rules
for the purpose of hearing House Bill No. 212 in the Committee onRevenue and Fiscal Affairs without the required 24 hour notice.
Mr. President in the Chair
RecessOn motion of Senator Barham, the Senate took a recess until
1:30 o'clock P.M.
After RecessThe Senate was called to order at 1:30 o'clock P.M. by the
President of the Senate.
ROLL CALLThe roll being called, the following members answered to their
names:
PRESENT
Mr. President Dupre MarionneauxAdley Ellington McPhersonAmedee Fields MichotBajoie Fontenot MountBarham Gautreaux B MurrayBoasso Gautreaux N NeversBroome Heitmeier RomeroCain Hollis SchedlerChaisson Jackson ShepherdCheek Jones SmithCravins Kostelka TheunissenDardenne Lentini UlloDuplessis Malone Total - 38
ABSENT
Total - 0
The President of the Senate announced there were 38 Senatorspresent and a quorum.
Senate Business Resumed
Messages from the HouseThe following Messages from the House were received and read
as follows:
Message from the HouseCONCURRING IN
SENATE CONCURRENT RESOLUTIONS
June 20, 2005
To the Honorable President and Members of the Senate:
I am directed to inform your honorable body that the House ofRepresentatives has finally concurred in the following SenateConcurrent Resolutions:
SENATE CONCURRENT RESOLUTION NO. 126—BY SENATOR CRAVINS AND REPRESENTATIVES LAFLEUR ANDCRAVINS
A CONCURRENT RESOLUTIONTo commend and congratulate Eula Savoie and her dedicated
employees on the occasion of the fiftieth anniversary of Savoie'sSausage and Food Products, Inc.
Reported without amendments.
SENATE CONCURRENT RESOLUTION NO. 127—BY SENATORS DUPRE, BARHAM, BOASSO, B. GAUTREAUX, N.GAUTREAUX, ROMERO, SCHEDLER, THEUNISSEN AND ULLO ANDREPRESENTATIVES BALDONE AND ST. GERMAIN
A CONCURRENT RESOLUTIONTo urge and request the President of the United States and his
administration to acknowledge the urgent need to restore andconserve the Louisiana coast, and to support payments to thecoastal oil and gas states through sharing of Outer ContinentalShelf production revenues.
Reported without amendments.
SENATE CONCURRENT RESOLUTION NO. 130—BY SENATOR HINES
A CONCURRENT RESOLUTIONTo recognize and commend Ferdinand Troullier upon his retirement
with the Louisiana Federation of Teachers, to recognize andrecord his myriad accomplishments and contributions toeducation in Louisiana, and to extend to him the best wishes ofthe legislature as he embarks on new challenges and endeavors.
Reported without amendments.
SENATE CONCURRENT RESOLUTION NO. 131—BY SENATOR BAJOIE
A CONCURRENT RESOLUTIONTo recognize the 140th anniversary of Juneteenth and Louisiana¿s
desire to bring attention to the impact of tobacco use on theAfrican-American population and to urge specified public healthagencies and organizations to dedicate resources to reduce theuse of tobacco among African-Americans.
Reported without amendments.
Respectfully submitted,ALFRED W. SPEER
Clerk of the House of Representatives
35th DAY'S PROCEEDINGS Page 23 SENATEJune 20, 2005
Message from the HousePASSED SENATE BILLS AND
JOINT RESOLUTIONS
June 20, 2005
To the Honorable President and Members of the Senate:
I am directed to inform your honorable body that the House ofRepresentatives has finally passed the following Senate Bills andJoint Resolutions:
SENATE BILL NO. 96—BY SENATORS SCHEDLER AND NEVERS
AN ACTTo amend and reenact R.S. 47:1705(B), 1987, and 1992(A)(1),
relative to notices related to ad valorem property taxes; toprovide for the notice to be given to taxpayers concerningcertain property tax assessments and increases in millage rateswithout voter approval; and to provide for related matters.
Reported with amendments.
SENATE BILL NO. 189—BY SENATOR BROOME
AN ACTTo enact Part VI-B of Chapter 20 of Title 37 of the Louisiana
Revised Statutes of 1950, to be comprised of R.S. 37:1742.1,relative to providing information and making recommendationof food and dietary supplements; to provide with respect todisclosure by certain individuals who provide such informationand recommendations; to provide for information to bedisclosed in the disclosure; and to provide for related matters.
Reported with amendments.
SENATE BILL NO. 3—BY SENATOR FIELDS
AN ACTTo amend and reenact R.S. 51:1787(I) and to enact R.S.
47:1561.2(A)(4) and R.S. 51:2457(D), relative to tax credit andrebate incentives; to require audits of certain credits andincentives; and to provide for related matters.
Reported with amendments.
SENATE BILL NO. 126—BY SENATOR BROOME
AN ACTTo amend and reenact R.S. 45:844.50(A) and to enact R.S.
45:844.56, relative to public utilities and carriers relationshipwith local government; to require a local referendum before alocal governing authority can provide certaintelecommunications services; to provide for the impact of alocal governing authority providing covered services on certainexisting obligations; and to provide for related matters.
Reported with amendments.
SENATE BILL NO. 78—BY SENATOR ADLEY
AN ACTTo enact R.S. 40:1300.143(3)(a)(xii), relative to the rural hospital
preservation act; to provide an additional definition of a ruralhospital; and to provide for related matters.
Reported with amendments.
SENATE BILL NO. 59—BY SENATOR DUPLESSIS
AN ACTTo amend and reenact R.S. 47:297.4 and to repeal R.S. 47:297.2,
relative to state income tax credits; to provide for the child careand dependent care expense credits and their calculation; and toprovide for related matters.
Reported with amendments.
SENATE BILL NO. 250—BY SENATORS MOUNT, DARDENNE AND MURRAY
AN ACTTo amend and reenact Section 2 of Act No. 15 of the 1996 Regular
Session of the Legislature, as amended by Act No. 47 of the1998 Regular Session of the Legislature, Act No. 33 of the 2000Regular Session of the Legislature, and Act No. 141 of the 2003Regular Session of the Legislature, relative to sales and usetaxes; to provide for the continued exclusion from state andlocal sales and use taxes certain transactions concerning certainprivate and parochial elementary and secondary schools; and toprovide for related matters.
Reported with amendments.
SENATE BILL NO. 146—BY SENATORS BAJOIE AND MCPHERSON
AN ACTTo enact R.S. 17:197.1, relative to school nutrition; to provide for
legislative finding; to limit the sale of certain beverages andfoods at schools during specified portions of the day; to requirecertain decisions be made by school principals; and to providefor related matters.
Reported with amendments.
SENATE BILL NO. 47—BY SENATOR BARHAM
AN ACTTo amend and reenact R.S. 38:3087.212, relative to public contracts,
works and improvements; to provide for the power of theMorehouse Parish Lake Commission to levy taxes, issue bonds,and incur indebtedness; and to provide for related matters.
Reported with amendments.
SENATE BILL NO. 272—BY SENATOR MCPHERSON
AN ACTTo amend and reenact R.S. 40:2116(A), (B) and (D), relative to a
moratorium on Title XIX certified beds in nursing facilities; toprovide for the encouragement of the diversification of long-term care facilities; to provide for rule promulgation by theDepartment of Health and Hospitals; and to provide for relatedmatters.
Reported with amendments.
SENATE BILL NO. 337—BY SENATORS ELLINGTON AND NEVERS
AN ACTTo enact R.S. 47:301(7)(j), (10)(y) and (z), and (18)(k) and (l), and
to repeal R.S. 47:305.31, relative to exclusions from the salesand use tax of the state and political subdivisions of the state; toprovide for an exclusion from state sales tax for certain propertyused in the manufacture, production, or extraction of unblendedbiodiesel; to provide for an exclusion from the sales and use taxof the state for certain fuels; and to provide for related matters.
Reported with amendments.
SENATE BILL NO. 104—BY SENATOR ADLEY
AN ACTTo amend and reenact the introductory paragraph of R.S. 51:2452(A)
and 2453(2)(f)(i), relative to the Louisiana Quality Jobs ProgramAct; to provide an additional category for inclusion in theLouisiana Quality Jobs Program Act; to allow physician-basedindustries to participate in the Louisiana Quality Jobs ProgramAct; and to provide for related matters.
Reported with amendments.
Page 24 SENATE 35th DAY'S PROCEEDINGSJune 20, 2005SENATE BILL NO. 255—
BY SENATOR MICHOT AN ACT
To amend and reenact Chapter 6 of Title 32 of the Louisiana RevisedStatues of 1950, comprised of R.S. 32:1251 through 1269,relative to the distribution and sale of motor vehicles; to providefor a comprehensive reorganization of the law relative to thedistribution and sale of motor vehicles; and to provide forrelated matters.
Reported with amendments.
SENATE BILL NO. 61—BY SENATOR DUPLESSIS
AN ACTTo amend and reenact R.S. 47:287.752 and to enact R.S. 47:297(N),
relative to income tax credits; to provide a credit for theemployment of certain first time offenders; and to provide forrelated matters.
Reported without amendments.
SENATE BILL NO. 316—BY SENATOR MOUNT
AN ACTTo amend and reenact R.S. 47:1837.1(A)(1), (B)(1), (C), and (D),
relative to the Louisiana Tax Commission; to require a statewidead valorem tax assessment database for publication on theInternet; to provide for an effective date; and to provide forrelated matters.
Reported without amendments.
SENATE BILL NO. 32—BY SENATOR ADLEY
A JOINT RESOLUTIONProposing to amend Article VII, Section 21(B)(1)(a) of the
Constitution of Louisiana, relative to ad valorem property taxexemption; to provide for an exemption for certain leases ofcertain hospitals; and to specify an election for submission ofthe proposition to electors and provide a ballot proposition.
Reported without amendments.
SENATE BILL NO. 131—BY SENATORS BAJOIE AND MURRAY AND REPRESENTATIVEBRUNEAU
AN ACTTo amend and reenact R.S. 47:301(10)(y) and (18)(k), relative to
state and political subdivision sales and use tax; to grant anexclusion from such tax for organizations which donate toys tochildren; and to provide for related matters.
Reported without amendments.
SENATE BILL NO. 137—BY SENATOR DARDENNE
AN ACTTo enact R.S. 22:1265(D) and R.S. 33:1359(F), relative to certain
premium taxes paid on excess insurance premiums; to exemptpremiums paid by certain interlocal risk management agencies;and to provide for related matters.
Reported without amendments.
Respectfully submitted,ALFRED W. SPEER
Clerk of the House of Representatives
Reports of CommitteesThe following reports of committees were received and read:
REPORT OF COMMITTEE ON
REVENUE AND FISCAL AFFAIRS
Senator Mount, Chairman on behalf of the Committee onRevenue and Fiscal Affairs, submitted the following report:
June 20, 2005
To the President and Members of the Senate:
I am directed by your Committee on Revenue and Fiscal Affairsto submit the following report:
HOUSE BILL NO. 212—BY REPRESENTATIVE HAMMETT
AN ACTTo amend and reenact Section 2 of Act No. 15 of the 1996 Regular
Session of the Legislature, as amended by Act No. 47 of the1998 Regular Session of the Legislature, Act No. 33 of the 2000Regular Session of the Legislature, and Act No. 141 of the 2003Regular Session of the Legislature; to extend the terminationdate regarding certain transactions involving certain private andparochial elementary and secondary schools; to provide for aneffective date; and to provide for related matters.
Reported favorably.
Respectfully submitted,WILLIE MOUNT
Chairman
House Bills and Joint Resolutionson Second Reading
Reported by CommitteesSenator Mount asked for and obtained a suspension of the rules
to take up at this time the following House Bills and JointResolutions just reported by Committees.
HOUSE BILL NO. 212—BY REPRESENTATIVE HAMMETT
AN ACTTo amend and reenact Section 2 of Act No. 15 of the 1996 Regular
Session of the Legislature, as amended by Act No. 47 of the1998 Regular Session of the Legislature, Act No. 33 of the 2000Regular Session of the Legislature, and Act No. 141 of the 2003Regular Session of the Legislature; to extend the terminationdate regarding certain transactions involving certain private andparochial elementary and secondary schools; to provide for aneffective date; and to provide for related matters.
Reported favorably by the Committee on Revenue and FiscalAffairs. Under the provisions of Joint Rule No. 3 of the Rules of theSenate, the bill was read by title and referred to the LegislativeBureau.
Rules SuspendedSenator Marionneaux asked for and obtained a suspension of the
rules for the purpose of taking up at this time.
Introduction of Senate ResolutionsSenator Bajoie asked for and obtained a suspension of the rules
for the purpose of introducing and reading the following SenateResolutions a first and second time and acting upon them as follows:
SENATE RESOLUTION NO. 149—BY SENATOR MARIONNEAUX
A RESOLUTIONTo express the sincere and heartfelt condolences of the Senate of the
Legislature of Louisiana to the family of United States ArmySergeant First Class Peter J. Hahn upon his death from woundssuffered in ground combat operations in Operation IraqiFreedom.
35th DAY'S PROCEEDINGS Page 25 SENATEJune 20, 2005
On motion of Senator Marionneaux, the resolution was read bytitle and adopted.
SENATE RESOLUTION NO. 150—BY SENATOR SMITH
A RESOLUTIONTo commend and congratulate Larry and Rita Clark of Pineville,
Louisiana upon the occasion of their fiftieth weddinganniversary and to recognize the example their devotion andlove has provided to their family and community.
On motion of Senator Smith, the resolution was read by title andadopted.
Privilege Report of theLegislative Bureau
June 20, 2005
To the President and Members of the Senate:
I am directed by your Legislative Bureau to submit thefollowing report:
The following bills are approved as to construction andduplication.
HOUSE BILL NO. 212—BY REPRESENTATIVE HAMMETT
AN ACTTo amend and reenact Section 2 of Act No. 15 of the 1996 Regular
Session of the Legislature, as amended by Act No. 47 of the1998 Regular Session of the Legislature, Act No. 33 of the 2000Regular Session of the Legislature, and Act No. 141 of the 2003Regular Session of the Legislature; to extend the terminationdate regarding certain transactions involving certain private andparochial elementary and secondary schools; to provide for aneffective date; and to provide for related matters.
Reported without amendments.
Respectfully submitted,ARTHUR J. "ART" LENTINI
Chairman
Adoption of Legislative Bureau ReportOn motion of Senator Lentini, the Bills and Joint Resolutions
were read by title and passed to a third reading.
Rules SuspendedSenator Mount asked for and obtained a suspension of the rules
for the purpose of taking up at this time.
House Bills and Joint Resolutions onThird Reading and Final Passage,
Subject to CallThe following House Bills and Joint Resolutions on Third
Reading and Final Passage, subject to call, were taken up and actedupon as follows:
Called from the CalendarSenator Mount asked that House Bill No. 2 be called from the
Calendar at this time for its final passage.
HOUSE BILL NO. 2—BY REPRESENTATIVES HAMMETT, SALTER, ALARIO, AND DORSEYAND SENATORS HINES, BAJOIE, HEITMEIER, AND MOUNT
AN ACTTo provide with respect to the capital outlay budget and the capital
outlay program for state government, state institutions, and otherpublic entities; to provide for the designation of projects andimprovements; to provide for the financing thereof makingappropriations from certain sources; and to provide for relatedmatters.
Floor Amendments Sent UpSenator Mount sent up floor amendments which were read.
SENATE FLOOR AMENDMENTS
Amendments proposed by Senator Mount to Re-Reengrossed HouseBill No. 2 by Representative Hammett
AMENDMENT NO.1On page 63, delete line 15, and insert the following:
"Non-recurring Revenue $100,000Payable from General Obligation Bonds
Priority 2 $200,000Priority 3 $200,000
Total $500,000"
AMENDMENT NO. 2On page 77, delete lines 40 through 46.
AMENDMENT NO.3Delete Senate Committee Amendment No. 136 proposed by theSenate Committee on Revenue and Fiscal Affairs and adopted by theSenate on June 17, 2005.
AMENDMENT NO. 4Delete Senate Committee No. 201 proposed by the Senate Committeeon Revenue and Fiscal Affairs and adopted by the Senate on June 27,2005.
AMENDMENT NO. 5Delete Senate Committee Amendment No. 303 proposed by theSenate Committee on Revenue and Fiscal Affairs and adopted by theSenate on June 17, 2005.
Explanation:Technical - puts the bill in the posture is was to be based onadoptions by the Senate Committee on Revenue and Fiscal Affairs.
On motion of Senator Mount, the amendments were adopted.
Floor Amendments Sent UpSenator Mount sent up floor amendments which were read.
SENATE FLOOR AMENDMENTS
Amendments proposed by Senators Mount and Heitmeier to Re-Reengrossed House Bill No. 2 by Representative Hammett
AMENDMENT NO. 1Delete Senate Committee Amendment No. 30 proposed by the SenateCommittee on Finance and adopted by the Senate on June 19, 2005.
AMENDMENT NO. 2Delete Senate Committee Amendment No. 33 proposed by the SenateCommittee on Revenue and Fiscal Affairs and adopted by the Senateon June 17, 2005.
AMENDMENT NO. 3On page 34, between lines 26 and 27, insert the following:
Page 26 SENATE 35th DAY'S PROCEEDINGSJune 20, 2005"(549) Master Planning for New Huey P. Long
Medical Facility, Planning(Rapides)Payable from Fees and Self-Generated Revenues $877,000Payable from General Obligation Bonds $12,000,000
Total $12,877,000"
AMENDMENT NO. 4On page 31, between lines 43 and 44, insert the following:
"(120) Library Fourth Floor CompletionInformation Resource Center,Planning and Construction(Supplemental Funding)(Orleans)Payable from General Obligation Bonds
Priority 2 $400,000"
AMENDMENT NO. 5In Senate Committee Amendment No. 49 proposed by the SenateCommittee on Revenue and Fiscal Affairs and adopted by the Senateon June 17, 2005, on page 10 between lines 6 and 7, insert thefollowing:
"Planning and Construction"
AMENDMENT NO. 6On page 53, between lines 40 and 41, insert the following:
"( ) Carville Job Corp Academy, Acquisitions,Renovations, Planning and Construction(Iberville)Payable from General Obligation Bonds
Priority 2 $100,000Priority 3 $ 25,000Priority 5 $75,000
Total $200,000
Pending submittal of capital outlay budget request pursuant to theprovisions of R.S. 39:112"
AMENDMENT NO. 7Delete Senate Committee Amendment No. 12 proposed by the SenateCommittee on Finance and adopted by the Senate on June 19, 2005.
AMENDMENT NO. 8Delete Senate Committee Amendment No. 96 proposed by the SenateCommittee on Revenue and Fiscal Affairs and adopted by the Senateon June 17, 2005.
AMENDMENT NO. 9On page 56, between lines 15 and 16, insert the following:
"(1205) Plaquemines Parish GovernmentalComplex, Land Acquisitions, Planningand Construction($8,385,35 Local Match)(Plaquemines)"Payable from the balance of General Obligation Bond proceeds previously allocated
under the authority of Act 2 of 2004 for Plaquemines Parish CourthouseDistrict, New Parish Courthouse Planning $105,264Payable from the balance of State General (Direct) Plaquemines Parish Courthouse District forPlaquemines Parish Government Complex,
Planning and Construction $155,000(Plaquemines)Payable from General Obligation Bonds
Priority 2 $100,000
Priority 3 $7,874,736Priority 5 $150,000
Total $8,385,000"
AMENDMENT NO.10On page 64, after line 49, insert the following:
"(782) Baton Rouge Fire Department RosenwaldFire Station, Planning and Construction(East Baton Rouge)Payable from General Obligation Bonds
Priority 2 $100,000Priority 3 $400,000
Total $500,000"
AMENDMENT NO. 11On page 76, between lines 7 and 8, insert the following:
"50/MO2 PORT ALLEN
(1030) Downtown Revitalization Redevelopment,Land Acquisition, Infrastructure Improvements,Renovations, Planning and Construction($150,000 Cash and/or In-Kind Match)(West Baton Rouge)Payable from General Obligation Bonds
Priority 2 $100,000Priority 3 $825,000Priority 5 $75,000
Total $1,000,000"
AMENDMENT NO. 12On page 99, between lines 41 and 42, insert the following:
"50/N GLEN OAK COMMUNITY DEVELOPMENT CORP.
( ) Center for Youth and Family, Planningand Construction(East Baton Rouge)Payable from General Obligation Bonds
Priority 2 $10,000Priority 3 $490,000
Total $500,000"
AMENDMENT NO. 13Delete Senate Committee Amendment No. 289 proposed by theSenate Committee on Revenue and Fiscal Affairs and adopted by theSenate on June 17, 2005.
On motion of Senator Mount, the amendments were adopted.
On motion of Senator Mount, the amended bill was read by titleand returned to the Calendar, subject to call.
Called from the CalendarSenator Chaisson asked that House Bill No. 114 be called from
the Calendar at this time for its final passage.
HOUSE BILL NO. 114—BY REPRESENTATIVE MARTINY
AN ACTTo amend and reenact R.S. 14:90(B) and 90.3(F) and R.S. 27:3(14),
(16), and (18), 27.1(C)(introductory paragraph), 29.2(B) and(D), 29.3(A) and (D), and 29.4(D) and to enact R.S. 14:90(F),Chapter 9 of Title 27 of the Louisiana Revised Statutes of 1950,to be comprised of R.S. 27:501 through 536, and Chapter 42 ofTitle 33 of the Louisiana Revised Statutes of 1950, to becomprised of R.S. 33:9601, relative to domestic cruiseshipgaming; to enact the Domestic Cruiseship Gaming Control Act;
35th DAY'S PROCEEDINGS Page 27 SENATEJune 20, 2005
to provide for applicability; to provide for definitions; to declarepublic policy; to provide for procedures for licensing of gamingon a domestic cruiseship; to provide suitability criteria andconditions for licensing; to provide criteria for domesticcruiseships; to provide conditions with respect to licensing; toprovide for the powers and duties of the Louisiana GamingControl Board; to provide for the powers and duties of thegaming division, office of state police; to provide limitations onthe designated gaming area; to prohibit certain relationships; toprovide for certain crimes; to provide for penalties; to providefor appeals; to provide for assistance for compulsive or problemgambling; to provide that the provisions of law regarding theuniform and compulsive problem gambling program and permitsfor nongaming suppliers, key and non-key gaming employeesapply to licensees for domestic cruiseship gaming; to create aspecial taxing district and to provide for its purpose, governancepowers, duties, and functions; and to provide for related matters.
Floor Amendments Sent UpSenator N. Gautreaux sent up floor amendments which were
read.
SENATE FLOOR AMENDMENTS
Amendments proposed by Senator N. Gautreaux to ReengrossedHouse Bill No. 114 by Representative Martiny
AMENDMENT NO.1On page 3, between lines 4 and 5 insert the following:
"(d) Has at least seventy percent non-Louisiana residents aspassengers annually
On motion of Senator N. Gautreaux, the amendments wereadopted.
The bill was read by title. Senator Chaisson moved the finalpassage of the amended bill.
ROLL CALLThe roll was called with the following result:
YEAS
Mr. President Duplessis JonesBajoie Gautreaux B MurrayBoasso Gautreaux N ShepherdChaisson Heitmeier UlloCheek HollisCravins Jackson Total - 16
NAYS
Adley Fontenot MountAmedee Kostelka NeversBarham Lentini RomeroBroome Malone SchedlerCain Marionneaux SmithDardenne McPhersonEllington Michot Total - 19
ABSENT
Dupre Fields Theunissen Total - 3
The Chair declared the amended bill failed to pass. SenatorChaisson moved to reconsider the vote by which the bill failed topass and laid the motion on the table.
Called from the Calendar
Senator Heitmeier asked that House Bill No. 824 be called fromthe Calendar at this time.
HOUSE BILL NO. 824—BY REPRESENTATIVES ALARIO AND TRICHE
AN ACTTo provide for the establishment and reestablishment of agency
ancillary funds, to be specifically known as internal servicefunds, auxiliary accounts, or enterprise funds for certain stateinstitutions, officials, and agencies; to provide for appropriationof funds; and to regulate the administration of said funds.
The bill was read by title. Senator Heitmeier moved the finalpassage of the bill.
ROLL CALLThe roll was called with the following result:
YEAS
Mr. President Dupre MarionneauxAdley Ellington McPhersonAmedee Fields MichotBajoie Fontenot MountBarham Gautreaux B MurrayBoasso Gautreaux N NeversBroome Heitmeier RomeroCain Hollis SchedlerChaisson Jackson ShepherdCheek Jones SmithCravins Kostelka TheunissenDardenne Lentini UlloDuplessis Malone Total - 38
NAYS
Total - 0ABSENT
Total - 0
The Chair declared the bill was passed. The title was read andadopted. Senator Heitmeier moved to reconsider the vote by whichthe bill was passed and laid the motion on the table.
Called from the CalendarSenator Heitmeier asked that House Bill No. 836 be called from
the Calendar at this time for its final passage.
HOUSE BILL NO. 836—BY REPRESENTATIVES ALARIO, CAZAYOUX, DEWITT, GALLOT,LAFLEUR, SALTER, TOWNSEND, AND TRICHE AND SENATORSCHAISSON, HINES, LENTINI, AND MARIONNEAUX
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, andother courts; and to provide for related matters.
The bill was read by title. Senator Heitmeier moved the finalpassage of the bill.
ROLL CALLThe roll was called with the following result:
YEAS
Mr. President Dupre MarionneauxAdley Ellington McPhersonAmedee Fields MichotBajoie Fontenot MountBarham Gautreaux B Murray
Page 28 SENATE 35th DAY'S PROCEEDINGSJune 20, 2005Boasso Gautreaux N NeversBroome Heitmeier RomeroCain Hollis SchedlerChaisson Jackson ShepherdCheek Jones SmithCravins Kostelka TheunissenDardenne Lentini UlloDuplessis Malone Total - 38
NAYS
Total - 0ABSENT
Total - 0
The Chair declared the bill was passed. The title was read andadopted. Senator Heitmeier moved to reconsider the vote by whichthe bill was passed and laid the motion on the table.
Called from the CalendarSenator Heitmeier asked that House Bill No. 841 be called from
the Calendar at this time for its final passage.
HOUSE BILL NO. 841—BY REPRESENTATIVES ALARIO AND TRICHE
AN ACTTo provide with respect to the Revenue Sharing Fund and the
allocation and distribution thereof for Fiscal Year 2005-2006;and to provide for related matters.
Floor Amendments Sent UpSenator Heitmeier sent up floor amendments which were read.
SENATE FLOOR AMENDMENTS
Amendments proposed by Senator Heitmeier to Reengrossed HouseBill No. 841 by Representative Alario
AMENDMENT NO.1In Senate Committee Amendment No. 3 proposed by the SenateCommittee on Finance and adopted by the Senate on June 19, 2005,on page 1, line 6, change "2.82%" to "3.32%"
On motion of Senator Heitmeier, the amendments were adopted.
Floor Amendments Sent UpSenator Heitmeier sent up floor amendments which were read.
SENATE FLOOR AMENDMENTS
Amendments proposed by Senator B. Gautreaux to ReengrossedHouse Bill No. 841 by Representative Alario
AMENDMENT NO.1On page 29, between lines 10 and 11, insert the following:
"Hospital Service District No. 1-3.47 mills/2003"
On motion of Senator Heitmeier, the amendments were adopted.
The bill was read by title. Senator Heitmeier moved the finalpassage of the amended bill.
ROLL CALLThe roll was called with the following result:
YEAS
Mr. President Dupre MarionneauxAdley Ellington McPherson
Amedee Fields MichotBajoie Fontenot MountBarham Gautreaux B MurrayBoasso Gautreaux N NeversBroome Heitmeier RomeroCain Hollis SchedlerChaisson Jackson ShepherdCheek Jones SmithCravins Kostelka TheunissenDardenne Lentini UlloDuplessis Malone Total - 38
NAYS
Total - 0ABSENT
Total - 0
The Chair declared the amended bill was passed. The title wasread and adopted. Senator Heitmeier moved to reconsider the voteby which the bill was passed and laid the motion on the table.
Called from the CalendarSenator Heitmeier asked that House Bill No. 858 be called from
the Calendar at this time for its final passage.
HOUSE BILL NO. 858—BY REPRESENTATIVES SALTER, DORSEY, LANCASTER, ARNOLD,AND ALARIO AND SENATORS HINES, BAJOIE, JONES, ANDHEITMEIER
AN ACTTo appropriate funds for Fiscal Year 2005-2006 to defray the
expenses of the Louisiana Legislature, including the expenses ofthe House of Representatives and the Senate, of legislativeservice agencies, and of the Louisiana State Law Institute; andotherwise to provide with respect to the appropriations andallocations herein made.
The bill was read by title. Senator Heitmeier moved the finalpassage of the bill.
ROLL CALLThe roll was called with the following result:
YEAS
Mr. President Ellington MarionneauxAdley Fields McPhersonAmedee Fontenot MichotBajoie Gautreaux B MountBarham Gautreaux N MurrayBoasso Heitmeier NeversBroome Hollis RomeroCain Jackson SchedlerChaisson Jones ShepherdCheek Kostelka SmithDuplessis Lentini TheunissenDupre Malone Ullo Total - 36
NAYS
Total - 0ABSENT
Cravins Dardenne Total - 2
The Chair declared the bill was passed. The title was read andadopted. Senator Heitmeier moved to reconsider the vote by whichthe bill was passed and laid the motion on the table.
35th DAY'S PROCEEDINGS Page 29 SENATEJune 20, 2005
Called from the CalendarSenator Mount asked that House Bill No. 2 be called from the
Calendar at this time for its final passage.
HOUSE BILL NO. 2—BY REPRESENTATIVES HAMMETT, SALTER, ALARIO, AND DORSEYAND SENATORS HINES, BAJOIE, HEITMEIER, AND MOUNT
AN ACTTo provide with respect to the capital outlay budget and the capital
outlay program for state government, state institutions, and otherpublic entities; to provide for the designation of projects andimprovements; to provide for the financing thereof makingappropriations from certain sources; and to provide for relatedmatters.
Floor Amendments Sent UpSenator Mount sent up floor amendments which were read.
SENATE FLOOR AMENDMENTS
Amendments proposed by Senator Mount to Re-Reengrossed HouseBill No. 2 by Representative HammettAMENDMENT NO.1 - AdoptedDelete Senate Committee Amendment No. 7 proposed by the SenateCommittee on Revenue and Fiscal, Affairs and adopted by the Senateon June 17, 2005.
AMENDMENT NO. 2 - AdoptedOn page 13, delete line 12, and insert the following:
"Priority 1 $2,300,000Priority 2 $700,000Priority 5 $1,000,000
Total $4,000,000"
AMENDMENT NO. 3 - AdoptedDelete Senate Committee Amendment No. 23 proposed by the SenateCommittee on Revenue and Fiscal Affairs and adopted by the Senateon June 17, 2005.
AMENDMENT NO. 4 - WithdrawnOn page 23, delete lines 26 and 27, and insert the following:
"Priority 5 $6,500,000
Total $115,000,000"
AMENDMENT NO. 5 - AdoptedDelete Senate Committee Amendment No. 39 proposed by the SenateCommittee on Revenue and Fiscal Affairs and adopted by the Senateon June 17, 2005.
AMENDMENT NO. 6 - Adopted Delete Senate Committee No. 55 proposed by the Senate Committeeon Revenue and Fiscal Affairs and Adopted by the Senate on June 17,2005.
AMENDMENT NO. 7 - AdoptedOn page 36, between lines 26 and 27, insert the following:
"(567) Incubator Project, Land AcquisitionPlanning and Construction($500,000 Cash and/or In-Kind Match)(Caddo)Payable from Federal Funds $162,000Payable from General Obligation BondsPriority 2 $600,000
Total $762,000"
AMENDMENT NO. 8 - Adopted
On page 41, delete lines 23 through 27, and insert the following:
"Priority 2 $1,210,000Priority 3 $193,000Priority 4 $193,000Priority 5 $200,000
Total $1,796,000"
AMENDMENT NO. 9 - AdoptedOn page 43, delete line 22, and insert the following:
"Priority 1 $3,500,000Priority 2 $1,000,000Priority 5 $2,000,000
Total $6,500,000"
AMENDMENT NO. 10 - AdoptedOn page 46, delete lines 23 through 29, and insert the following:
"($500,000 Cash and/or In-Kind Match)Terrebonne)Payable from General Obligation Bonds
Priority 2 $1,000,000Priority 5 $1,000,000
Total $2,000,000"
AMENDMENT NO. 11 - WithdrawnIn Senate Committee Amendment No. 187 proposed by the SenateCommittee on Revenue and Fiscal Affairs and adopted by the Senateon June 17, 2005, on page 43, line 7, change "Priority 3" to "Priority2"
AMENDMENT NO. 12 - AdoptedDelete Senate Committee Amendment No. 220 proposed by theSenate Committee on Revenue and Fiscal Affairs and adopted by theSenate on June 17, 2005.
AMENDMENT NO. 13 - AdoptedDelete Senate Committee Amendment No. 232 proposed by theSenate Committee on Revenue and Fiscal Affairs and adopted by theSenate on June 17, 2005.
AMENDMENT NO. 14 - AdoptedDelete Senate Committee Amendment No. 251 proposed by theSenate Committee on Revenue and Fiscal Affairs and adopted by theSenate on June 17, 2005.
AMENDMENT NO. 15 - AdoptedOn page 86, delete lines 9 through 11, and insert the following:
"Priority 2 $225,000Priority 5 $1,135,000
Total $1,360,000"
AMENDMENT NO. 16 - AdoptedOn page 104, line 26, between "." and "Notwithstanding" insert thefollowing:
"Notwithstanding anything contained in this or any other capitaloutlay act, contracts may be entered into for the NatchitochesIndustrial Park - South project prior to receipt of funding and prior toexecution of a cooperative endeavor agreement"
AMENDMENT NO. 17 - AdoptedOn page 105, on line 29, after "Improvements" and before"Notwithstanding" insert the following:
"The Department of Public Safety is exempt from all statutesrelative to public bidding and contractual review for completing theFallen Fire Fighter Memorial Located in the Department of Public
Page 30 SENATE 35th DAY'S PROCEEDINGSJune 20, 2005Safety Complex - Baton Rouge, for obligations made by the Walk ofHonor Foundation, a charitable organization, prior to June 17, 2005."
MotionSenator Mount moved for a division of the question on the floor
amendments.
Without objection, the division of the question was ordered.
On motion of Senator Mount Amendments No. 4 and 11 werewithdrawn.
Without objection, Amendments No. 1-3 and 5-10 and 12-17were adopted.
Floor Amendments Sent UpSenator Malone sent up floor amendments which were read.
SENATE FLOOR AMENDMENTS
Amendments proposed by Senator Malone to Re-Reengrossed HouseBill No. 2 by Representative HammettAMENDMENT NO.1Delete Senate Committee Amendments No. 17 and No. 207 proposedby the Senate Committee on Revenue and Fiscal Affairs and adoptedby the Senate on June 17, 2005
AMENDMENT NO. 2Delete Amendment No. 2 proposed in Senate Floor Amendment bySenator Mount "SFAHB2 HUNTERB 3402" and adopted by theSenate on June 20, 2005
AMENDMENT NO. 3On page 19, between line 27 and 28, insert
"Provided, however, if there is a final, non-appealable judgmentin any litigation filed prior to June 14, 2005, concerning any aspectof the funding for the Convention Center Complex, and if suchjudgment finds that funds cannot be expended on the ConventionCenter Hotel, then the funds appropriated for the Convention CenterComplex shall be allocated to Project Number 252, Jimmie DavisBridge, LA 511, Planning and Construction, for a total funding onProject Number 252, Jimmie Davis Bridge as follows:
Payable from General Obligation BondsPriority 2 $6,535,000Priority 5 $5,715,000
Total $12,250,000"
AMENDMENT NO. 4On page 77, after line 46, insert
"Provided, however, no funds shall be expended pursuant to thisproject until there is a final, non-appealable judgment in anylitigation filed prior to June 14, 2005, concerning any aspect of thefunding for the Convention Center Complex, and such judgment findsthat funds can be expended on the Convention Center Hotel. If suchjudgment finds that funds cannot be expended on the ConventionCenter Hotel, then the funds shall be expended for Project Number252, Jimmie Davis Bridge, LA 511, Planning and Construction."
On motion of Senator Malone, the amendments were adopted.
Senator Marionneaux in the Chair
Floor Amendments Sent UpSenator Barham sent up floor amendments which were read.
SENATE FLOOR AMENDMENTS
Amendments proposed by Senator Barham to Re-Reengrossed HouseBill No. 2 by Representative Hammett
AMENDMENT NO.1Delete Senate Committee Amendment No. 183 proposed by theSenate Committee on Revenue and Fiscal Affairs and adopted by theSenate on June 17, 2005.
MotionSenator Jones moved to table the amendment.
Senator Barham objected.
ROLL CALLThe roll was called with the following result:
YEAS
Bajoie Duplessis JonesBroome Fields MarionneauxChaisson Gautreaux B McPhersonCheek Gautreaux N MurrayCravins Heitmeier Total - 14
NAYS
Adley Fontenot NeversAmedee Hollis RomeroBarham Jackson SchedlerBoasso Kostelka SmithDardenne Malone TheunissenEllington Michot Total - 17
ABSENT
Mr. President Lentini UlloCain MountDupre Shepherd Total - 7
The Chair declared the Senate refused to table the amendment.
Senator Barham moved adoption of the amendments.
Senator Jones objected.
ROLL CALLThe roll was called with the following result:
YEAS
Adley Fontenot NeversAmedee Gautreaux N RomeroBarham Hollis SchedlerBoasso Kostelka SmithDardenne Malone TheunissenEllington Michot Ullo Total - 18
NAYS
Bajoie Duplessis JonesBroome Fields MarionneauxCain Gautreaux B McPhersonCheek Heitmeier MurrayCravins Jackson Shepherd Total - 15
ABSENT
Mr. President Dupre MountChaisson Lentini Total - 5
35th DAY'S PROCEEDINGS Page 31 SENATEJune 20, 2005
The Chair declared the amendments were adopted.
Floor Amendments Sent UpSenator Bajoie sent up floor amendments which were read.
SENATE FLOOR AMENDMENTS
Amendments proposed by Senator Bajoie to Re-Reengrossed HouseBill No. 2 by Representative Hammett
AMENDMENT NO.1
Delete Senate Committee Amendment No. 232 proposed by theSenate Committee on Revenue and Fiscal Affairs and adopted by theSenate on June 17, 2005.
AMENDMENT NO. 2On page 82, delete lines 7 and 8 and insert the following:
"Priority 2 $2,000,000 Priority 5 $8,000,000
Total $29,300,000"
On motion of Senator Bajoie, the amendments were adopted.
Floor Amendments Sent UpSenator McPherson sent up floor amendments which were read.
SENATE FLOOR AMENDMENTS
Amendments proposed by Senator McPherson to Re-ReengrossedHouse Bill No. 2 by Representative Hammett
AMENDMENT NO.1On page 42, between lines 14 and 15, insert the following:
( ) Superintendent's Residence, Demolition, Planning and Construction(Rapides)Payable from General Obligation Bonds
Priority 2 $350,000
Pending submittal and approval of capital outlay budget requestpursuant to R.S. 39:112.
On motion of Senator McPherson, the amendments wereadopted.
Floor Amendments Sent UpSenator Dupre sent up floor amendments which were read.
SENATE FLOOR AMENDMENTS
Amendments proposed by Senator Dupre to Re-Reengrossed HouseBill No. 2 by Representative Hammett
AMENDMENT NO.1
In Senate Committee Amendment No. 23 proposed by the SenateCommittee on Revenue and Fiscal Affairs and adopted by the Senateon June 17, 2005, on page 5, delete lines 19 through 23 and insert:
"Priority 1 $ 9,000,000Priority 2 $500,000Priority 3 $16,000,000Priority 4 $80,000,000Priority 5 $7,500,000"
On motion of Senator Dupre, the amendments were adopted.
Floor Amendments Sent UpSenator Murray sent up floor amendments which were read.
SENATE FLOOR AMENDMENTS
Amendments proposed by Senator Murray to Re-Reengrossed HouseBill No. 2 by Representative Hammett
AMENDMENT NO.1Delete Senate Committee Amendment No. 190 proposed by theSenate Committee on Revenue and Fiscal Affairs and adopted by theSenate on June 17, 2005.
AMENDMENT NO. 2On page 74, between lines 40 and 41, insert the following:
"Harrison Avenue Roadway Construction(998) Paris Avenue to Orleans Canal, Roadway
Construction, Planning and Construction(Cash and/or In-Kind Match Required)(Orleans)Payable from General Obligation Bonds
Priority 2 $130,000Priority 3 $2,370,000
Total $2,500,000
Pending submittal and approval of capital outlay budget requestpursuant to the provisions of R.S. 3:112.
( ) St. Anthony Avenue Walking Path,Planning and Construction(Orleans)Payable from General Obligation BondsPriority 2 $95,000
Pending submittal of capital outlay budget request pursuant to theprovisions of R.S. 39:112."
On motion of Senator Murray, the amendments were adopted.
Floor Amendments Sent UpSenator Jones sent up floor amendments which were read.
SENATE FLOOR AMENDMENTS
Amendments proposed by Senator Jones to Re-Reengrossed HouseBill No. 2 by Representative Hammett
AMENDMENT NO.1On page 72, between lines 21 and 22, insert the following:
"Relative to the project appropriated herein for the "KansasConnector/Corridor Preservation" Project, no expenditure forconstruction shall occur without a conference between the secretaryof the Department of Transportation of Development and theOuachita Parish legislative delegation."
On motion of Senator Jones, the amendments were adopted.
Floor Amendments Sent UpSenator Shepherd sent up floor amendments which were read.
SENATE FLOOR AMENDMENTS
Amendments proposed by Senator Shepherd to Re-ReengrossedHouse Bill No. 2 by Representative Hammett
AMENDMENT NO.1On page 74 between lines 40 and 41 insert the following:
Page 32 SENATE 35th DAY'S PROCEEDINGSJune 20, 2005( ) Milne Boys Home Pool,
Planning and Constructions(Orleans)Payable from General Obligation Bonds
Priority 2 $300,000"
Senator Shepherd moved adoption of the amendments.
Senator Adley objected.
ROLL CALLThe roll was called with the following result:
YEAS
Bajoie Fields ShepherdBroome Jackson SmithCravins JonesDuplessis Murray Total - 10
NAYS
Adley Fontenot MichotAmedee Gautreaux B MountBarham Heitmeier NeversCheek Hollis RomeroDardenne Lentini SchedlerDupre Malone TheunissenEllington Marionneaux Ullo Total - 21
ABSENT
Mr. President Chaisson McPhersonBoasso Gautreaux NCain Kostelka Total - 7
The Chair declared the amendments were rejected.
The bill was read by title. Senator Mount moved the finalpassage of the amended bill.
ROLL CALLThe roll was called with the following result:
YEAS
Mr. President Dupre MarionneauxAdley Ellington McPhersonAmedee Fields MichotBajoie Fontenot MountBarham Gautreaux B MurrayBoasso Gautreaux N NeversBroome Heitmeier RomeroCain Hollis SchedlerChaisson Jackson SmithCheek Jones TheunissenCravins Kostelka UlloDardenne LentiniDuplessis Malone Total - 37
NAYS
Total - 0ABSENT
Shepherd Total - 1
The Chair declared the amended bill was passed. The title wasread and adopted. Senator Mount moved to reconsider the vote bywhich the bill was passed and laid the motion on the table.
Called from the CalendarSenator Mount asked that House Bill No. 3 be called from the
Calendar at this time for its final passage.
HOUSE BILL NO. 3—BY REPRESENTATIVES HAMMETT, SALTER, ALARIO, AND DORSEYAND SENATORS HINES, BAJOIE, HEITMEIER, AND MOUNT
AN ACTTo enact the Omnibus Bond Authorization Act of 2005, relative to
the implementation of a five-year capital improvement program;to provide for the repeal of certain prior bond authorizations; toprovide for new bond authorizations; to provide forauthorization and sale of such bonds by the State BondCommission; and to provide for related matters.
The bill was read by title. Senator Mount moved the finalpassage of the bill.
ROLL CALLThe roll was called with the following result:
YEAS
Mr. President Dupre MarionneauxAdley Ellington McPhersonAmedee Fields MichotBajoie Fontenot MountBarham Gautreaux B MurrayBoasso Gautreaux N NeversBroome Heitmeier RomeroCain Hollis SchedlerChaisson Jackson SmithCheek Jones TheunissenCravins Kostelka UlloDardenne LentiniDuplessis Malone Total - 37
NAYS
Total - 0ABSENT
Shepherd Total - 1
The Chair declared the bill was passed. The title was read andadopted. Senator Mount moved to reconsider the vote by which thebill was passed and laid the motion on the table.
Mr. President in the Chair
Called from the CalendarSenator Chaisson asked that House Bill No. 371 House Bill be
called from the Calendar at this time for its final passage.
HOUSE BILL NO. 371—BY REPRESENTATIVE WOOTON
AN ACTTo amend and reenact R.S. 27:302(A)(5)(o), 306(A)(4)(c)(iv), and
311.1(B)(3) and to repeal R.S. 27:306(A)(4)(c)(ii)(dd), relativeto the Video Draw Poker Devices Control Law; to removerequirements that qualified truck stop facility fuels sales complywith provisions providing for unfair sales and practices and theconsumer protection law for the purposes of meeting fuelfacility criteria for a qualified truck stop licensed to operatevideo draw poker devices; to repeal the requirement that arestaurant at a qualified truck stop offer a varied menu; to
35th DAY'S PROCEEDINGS Page 33 SENATEJune 20, 2005
provide for an exception to the requirement that video drawpoker devices be connected to a central computer system if thatsystem is not operational; to provide that designatedrepresentatives are only required for certain licensedestablishments; and to provide for related matters.
Floor Amendments Sent UpSenator Chaisson sent up floor amendments which were read.
SENATE FLOOR AMENDMENTS
Amendments proposed by Senator Chaisson to Reengrossed HouseBill No. 371 by Representative Wooton
AMENDMENT NO.1Delete Senate Floor Amendments Nos. 1 through 4 proposed bySenator Boasso and adopted by the Senate on June 17, 2005
AMENDMENT NO. 2On page 1, line 2, at the end of line 2, delete "and to repeal"
AMENDMENT NO. 3On page 1, at the beginning of line 3, delete "R.S.27:306(A)(4)(c)(ii)(dd)"
AMENDMENT NO. 4On page 1, line 7, after "to repeal the requirement that a restaurant ata"
AMENDMENT NO. 5On page 1, line 8, delete "qualified truck stop offer a varied menu;"
AMENDMENT NO. 6On page 3, delete line 29 in its entirety
On motion of Senator Chaisson, the amendments were adopted.
The bill was read by title. Senator Chaisson moved the finalpassage of the amended bill.
ROLL CALLThe roll was called with the following result:
YEAS
Mr. President Fields MarionneauxBajoie Gautreaux B McPhersonChaisson Gautreaux N MurrayCheek Heitmeier SchedlerCravins Hollis ShepherdDardenne Jackson TheunissenDuplessis Jones UlloDupre Lentini Total - 23
NAYS
Amedee Fontenot NeversBarham Malone RomeroBoasso Michot SmithCain Mount Total - 11
ABSENT
Adley EllingtonBroome Kostelka Total - 4
The Chair declared the amended bill was passed. The title wasread and adopted. Senator Chaisson moved to reconsider the vote bywhich the bill was passed and laid the motion on the table.
Called from the CalendarSenator Cravins asked that House Bill No. 769 be called from
the Calendar at this time for its final passage.
HOUSE BILL NO. 769—BY REPRESENTATIVE CRAVINS
AN ACTTo enact R.S. 15:574.11(C) and (D), relative to judicial review of
parole revocation decisions; to provide for appellate jurisdictionand procedure in district court for pleadings alleging a denial ofa revocation hearing; to provide for a peremptive period; toprovide for service of process; and to provide for relatedmatters.
Floor Amendments Sent UpSenator Cravins sent up floor amendments which were read.
SENATE FLOOR AMENDMENTS
Amendments proposed by Senator Cravins to Engrossed House BillNo. 769 by Representative Cravins
AMENDMENT NO.1On page 1, line 12, delete "denial of a revocation hearing under" andinsert "violation of"
On motion of Senator Cravins, the amendments were adopted.
The bill was read by title. Senator Cravins moved the finalpassage of the amended bill.
ROLL CALLThe roll was called with the following result:
YEAS
Mr. President Ellington McPhersonAdley Fields MichotBajoie Gautreaux B MountBarham Gautreaux N MurrayBoasso Heitmeier NeversBroome Hollis SchedlerChaisson Jackson ShepherdCheek Jones TheunissenCravins Kostelka UlloDuplessis LentiniDupre Marionneaux Total - 31
NAYS
Amedee Dardenne RomeroCain Fontenot Smith Total - 6
ABSENT
Malone Total - 1
The Chair declared the amended bill was passed. The title wasread and adopted. Senator Cravins moved to reconsider the vote bywhich the bill was passed and laid the motion on the table.
Called from the CalendarSenator Jones asked that House Bill No. 796 be called from the
Calendar at this time for its final passage.
Page 34 SENATE 35th DAY'S PROCEEDINGSJune 20, 2005HOUSE BILL NO. 796—
BY REPRESENTATIVE MORRELL AN ACT
To amend and reenact Section 4 of Act No. 721 of the 2004 RegularSession of the Legislature of Louisiana; to provide relative tothe effectiveness of such Act; and to provide for related matters.
Floor Amendments Sent UpSenator Jones sent up floor amendments which were read.
SENATE FLOOR AMENDMENTS
Amendments proposed by Senator Dardenne to Engrossed House BillNo. 796 by Representative Morrell
AMENDMENT NO.1Delete Senate Committee Amendment No. 3 proposed by the SenateCommittee on Education and adopted by the Senate on June 16, 2005
AMENDMENT NO. 2On page 1, between lines 13 and 14, insert the following:
"B. (1) In the case that full ownership and possession of suchproperty is transferred to the state, neither the state nor any agent ofthe state may subsequently transfer the ownership and/or possessionof such property unless authorized by a law enacted subsequent to thetransfer of the ownership and possession of such property to the state.
(2)(a) Neither ownership or possession or such property shall betransferred to any local government or local governmental entityunless any act of transfer occurs contemporaneously with financingor refinancing arrangements by the local government or localgovernmental entity that relieves the state of any and all obligationsof the state existing prior to such act of transfer.
(b) Nothing in this Subsection shall be construed to prohibit thestate from entering into an agreement with the local government orlocal governmental entity contemporaneously with or subsequent tothe transfer of ownership or possession of such property to the localgovernment or local governmental entity."
On motion of Senator Jones, the amendments were adopted.
The bill was read by title. Senator Jones moved the finalpassage of the amended bill.
ROLL CALLThe roll was called with the following result:
YEAS
Mr. President Dupre MaloneAdley Ellington MarionneauxAmedee Fields McPhersonBajoie Fontenot MichotBoasso Gautreaux B MountBroome Gautreaux N MurrayCain Heitmeier NeversChaisson Hollis RomeroCheek Jackson SchedlerCravins Jones SmithDardenne Kostelka TheunissenDuplessis Lentini Ullo Total - 36
NAYS
Total - 0ABSENT
Barham Shepherd Total - 2
The Chair declared the amended bill was passed. The title wasread and adopted. Senator Jones moved to reconsider the vote bywhich the bill was passed and laid the motion on the table.
Called from the CalendarSenator Murray asked that House Bill No. 393 be called from
the Calendar at this time for its final passage.
HOUSE BILL NO. 393—BY REPRESENTATIVE BRUNEAU AND SENATOR MURRAY
AN ACTTo amend and reenact R.S. 27:392(B)(3)(d), relative to the Pari-
mutuel Live Racing Facility Economic Redevelopment andGaming Control Act; to increase the amount of monies in thePari-mutuel Live Racing Facility Gaming Control Funddedicated for deposit into the Beautification and Improvementof the New Orleans City Park Fund; to establish the GreaterNew Orleans Sports Foundation Fund as a special fund in thestate treasury and to provide for the deposit and use of moniesin the fund; to provide for an effective date; and to provide forrelated matters.
Floor Amendments Sent UpSenator Murray sent up floor amendments which were read.
SENATE FLOOR AMENDMENTS
Amendments proposed by Senator Murray to Engrossed House BillNo. 393 by Representative Bruneau
AMENDMENT NO.1On page 1, line 2, after "R.S. 27:392(B)(3)(d)" and before the comma"," insert "and to enact R.S. 27:392(C)"
AMENDMENT NO. 2On page 1, line 3, after "Act" and the semicolon ";" and before "to"insert "to provide for the dedication of the revenues derived pursuantto the Act;"
AMENDMENT NO. 3On page 1, line 10, after "reenacted" and before "to" insert "and R.S.27:392(C) is hereby enacted"
AMENDMENT NO. 4On page 1, line 20, delete "(i)"
AMENDMENT NO. 5On page 1, line 20, after "Fund" and before "which" insert a comma"," and "hereinafter referred to in this Subparagraph as the "fund","
AMENDMENT NO. 6On page 1, line 22, after the period "." delete the remainder of theline, and on page 2, delete line 1 in its entirety, and insert thefollowing:
"(i) Of the proceeds derived from the licensed eligible facilityin Orleans Parish and deposited in the Orleans Parish ExcellenceFund, five percent of the monies in the fund shall be withdrawn onlypursuant to"
AMENDMENT NO. 7On page 2, line 3, after "System" delete the remainder of the line andon line 4, delete "Subparagraph. Monies in the fund" and insert"and"
AMENDMENT NO. 8On page 2, line 15, after "Parish" and before the comma "," insert"and deposited in the Orleans Parish Excellence Fund" and change"thirty-five" to "thirty"
AMENDMENT NO. 9On page 2, line 16, after "Fund" delete the period "." and theremainder of the line and on line 17, delete "fund" and insert "and"
AMENDMENT NO. 10On page 2, line 20, after "Parish" and before the comma "," insert"and deposited in the Orleans Parish Excellence Fund"
35th DAY'S PROCEEDINGS Page 35 SENATEJune 20, 2005
AMENDMENT NO. 11On page 2, line 21, after "referred to" and before "as the" insert "inthis Item"
AMENDMENT NO. 12On page 2, between lines 28 and 29, insert the following:
"(iv) Of the proceeds derived from the licensed eligible facilityin Orleans Parish and deposited in the Orleans Parish ExcellenceFund, an amount equal to five percent, but not to exceed one hundredthousand dollars annually, shall be deposited and credited to theBeautification Project for New Orleans Neighborhoods Fund,hereinafter referred to in this Item as the "fund", which is herebyestablished in the state treasury. Monies in the fund shall bewithdrawn only pursuant to appropriation by the legislature and shallbe used solely and exclusively by the Beautification Project for NewOrleans Neighborhoods, Inc. Monies in the fund shall be invested inthe same manner as monies in the state general fund. Interest earnedon the investment of monies in the fund shall be credited to the fund.Unexpended and unencumbered monies in the fund at the end of thefiscal year shall remain in the fund."
AMENDMENT NO. 13On page 2, after line 29, insert the following:
"C. Notwithstanding the provisions of Subsection (B) of thisSection to the contrary, after complying with the provisions ofParagraphs (1) through (3) of Subsection (B) of this Section, the statetreasurer shall, each fiscal year, credit the remaining portion oftaxable net slot machine proceeds collected from the licensed eligiblefacility in Orleans Parish to the New Orleans Sports FranchiseAssistance Fund which is hereby created in the state treasury andwhich for purposes of this Subsection shall be known as the"assistance fund". Monies in the assistance fund shall beappropriated and distributed each fiscal year to the Louisiana Stadiumand Exposition District for use only to fund contractual obligationsof the state to any National Football League or National BasketballAssociation franchise located in Orleans Parish."
AMENDMENT NO. 14In Amendment No. 2 of the amendments proposed by the SenateCommittee on Finance and adopted by the Senate on June 13, 2005,on line 9, change "(iv)" to "(v)" and after "Parish" and before thecomma "," insert "and deposited in the Orleans Parish ExcellenceFund"
AMENDMENT NO. 15In Amendment No. 2 of the amendments proposed by the SenateCommittee on Finance and adopted by the Senate on June 13, 2005,on line 12, after "referred to" and before"as the" insert "in this Item"
AMENDMENT NO. 16In Amendment No. 2 of the amendments proposed by the SenateCommittee on Finance and adopted by the Senate on June 13, 2005,on line 19, change "(v)" to "(vi)" and after "Parish" and before thecomma "," insert "and deposited in the Orleans Parish ExcellenceFund"
AMENDMENT NO. 17In Amendment No. 2 of the amendments proposed by the SenateCommittee on Finance and adopted by the Senate on June 13, 2005,on line 22, after "referred to" and before"as the" insert "in this Item"
AMENDMENT NO. 18
In Amendment No. 2 of the amendments proposed by the SenateCommittee on Finance and adopted by the Senate on June 13, 2005,delete line 25 in its entirety and at the beginning of line 26, delete"Foundation" and insert "New Orleans Tourism Hospitality Trainingand Economic Development, Inc"
Senator Murray moved adoption of the amendments.
Senator Cain objected.
ROLL CALLThe roll was called with the following result:
YEAS
Mr. President Ellington McPhersonAdley Fields MichotAmedee Fontenot MountBajoie Gautreaux B MurrayBarham Gautreaux N NeversBoasso Heitmeier RomeroBroome Hollis SchedlerChaisson Jackson SmithCravins Jones TheunissenDardenne Lentini UlloDuplessis MaloneDupre Marionneaux Total - 34
NAYS
Total - 0ABSENT
Cain KostelkaCheek Shepherd Total - 4
The Chair declared the amendments were adopted.
The bill was read by title. Senator Murray moved the finalpassage of the amended bill.
ROLL CALLThe roll was called with the following result:
YEAS
Mr. President Ellington McPhersonAdley Fields MichotAmedee Fontenot MountBajoie Gautreaux B MurrayBarham Gautreaux N NeversBoasso Heitmeier RomeroChaisson Hollis SchedlerCheek Jackson SmithCravins Jones TheunissenDardenne Lentini UlloDuplessis MaloneDupre Marionneaux Total - 34
NAYS
Total - 0ABSENT
Broome KostelkaCain Shepherd Total - 4
The Chair declared the amended bill was passed. The title wasread and adopted. Senator Murray moved to reconsider the vote bywhich the bill was passed and laid the motion on the table.
Called from the CalendarSenator Jackson asked that House Bill No. 268 be called from
the Calendar at this time for its final passage.
Page 36 SENATE 35th DAY'S PROCEEDINGSJune 20, 2005HOUSE BILL NO. 268—
BY REPRESENTATIVE BURRELL AN ACT
To amend and reenact R.S. 27:392(B)(2)(a), relative to the Pari-mutuel Live Racing Facility Economic Redevelopment andGaming Control Act; to provide for a portion of the monies inthe Pari-mutuel Live Racing Facility Gaming Control Fund tobe deposited into the Compulsive and Problem Gaming Fund;to provide for an effective date; and to provide for relatedmatters.
Floor Amendments Sent UpSenator Jackson sent up floor amendments which were read.
SENATE FLOOR AMENDMENTS
Amendments proposed by Senator Jackson to Engrossed House BillNo. 268 by Representative Burrell
AMENDMENT NO.1On page 1, line 14 after "treasurer" insert "or his designee"
On motion of Senator Jackson, the amendments were adopted.
Floor Amendments Sent UpSenator Cravins sent up floor amendments which were read.
SENATE FLOOR AMENDMENTS
Amendments proposed by Senator Cravins to Engrossed House BillNo. 268 by Representative Burrell
AMENDMENT NO.1On page 1, line 2, after "R.S. 27:392(B)(2)(a)" and before the comma"," insert "and (B)(9) and to enact R.S. 27:392(B)(10)"
AMENDMENT NO. 2On page 1, line 5, after "Fund;" insert "to provide for a portion of themonies in the Pari-mutuel Live Racing Facility Gaming Control Fundto be deposited into the Jockeys Health and Welfare Benefit Fund; toprovide for the use of the monies in the fund;"
AMENDMENT NO. 3On page 1, line 8, after "R.S. 27:392(B)(2)(a)" delete "is" and insertin lieu thereof "and (B)(9) are" and after "reenacted" insert "and R.S.27:392(B)(10) is hereby enacted"
AMENDMENT NO. 4On page 2, between lines 4 and 5, insert the following:
"(9) After compliance with the provisions of Paragraphs (1)through (8) of this Subsection, pursuant to an annual appropriation bythe legislature, out of remaining monies an amount not to exceed fourhundred fifty thousand dollars each fiscal year shall be deposited inand credited to the Jockeys Health and Welfare Benefit Fund, whichis hereby established in the state treasury. Monies in the fund shallbe withdrawn from the treasury only by appropriations made inaccordance with this Subsection. Monies in the fund shall beinvested in the same manner as monies in the state general fund.Interest earned on investment of monies in the fund shall be creditedto the state general fund. Unexpended and unencumbered monies inthe fund at the end of each fiscal year shall remain in the fund.Monies in the fund shall be appropriated and expended solely andexclusively for the health and welfare of licensed jockeys whoregularly ride in Louisiana and who meet reasonable criteria forbenefit eligibility and for former Louisiana licensed jockeys whomeet reasonable criteria for benefit eligibility. The monies payablefor jockeys' health and welfare benefits shall be distributed to theorganization that represents the majority of jockeys who are licensedand regularly ride in the state. Such organization shall adopt rulesand regulations for benefit eligibility and such other rules as aredeemed necessary to administer the fund.
(9)(10) After compliance with the provisions of Paragraphs (1)through (8) (9) of this Subsection, remaining monies shall bedeposited in and credited to the state general fund."
On motion of Senator Cravins, the amendments were adopted.
The bill was read by title. Senator Jackson moved the finalpassage of the amended bill.
ROLL CALLThe roll was called with the following result:
YEAS
Mr. President Duplessis MaloneAdley Dupre MarionneauxAmedee Ellington McPhersonBajoie Fields MichotBarham Fontenot MountBoasso Gautreaux B MurrayBroome Gautreaux N NeversCain Heitmeier RomeroChaisson Hollis ShepherdCheek Jackson SmithCravins Jones TheunissenDardenne Lentini Ullo Total - 36
NAYS
Total - 0ABSENT
Kostelka Schedler Total - 2
The Chair declared the amended bill was passed. The title wasread and adopted. Senator Jackson moved to reconsider the vote bywhich the bill was passed and laid the motion on the table.
Called from the CalendarSenator Jackson asked that House Bill No. 269 be called from
the Calendar at this time for its final passage.
HOUSE BILL NO. 269—BY REPRESENTATIVE BAYLOR
AN ACTTo amend and reenact R.S. 2:135.1(B)(2)(b), relative to certain
airport leases; to increase the maximum extension of theprimary term of certain airport leases; and to provide for relatedmatters.
The bill was read by title. Senator Jackson moved the finalpassage of the bill.
ROLL CALLThe roll was called with the following result:
YEAS
Mr. President Dupre LentiniAdley Ellington MaloneAmedee Fields MarionneauxBajoie Fontenot McPhersonBarham Gautreaux B MichotBroome Gautreaux N MurrayCain Heitmeier NeversChaisson Hollis SchedlerCheek Jackson ShepherdDardenne Jones SmithDuplessis Kostelka Theunissen Total - 33
35th DAY'S PROCEEDINGS Page 37 SENATEJune 20, 2005
NAYS
Boasso Romero Ullo Total - 3
ABSENT
Cravins Mount Total - 2
The Chair declared the bill was passed. The title was read andadopted. Senator Jackson moved to reconsider the vote by which thebill was passed and laid the motion on the table.
Called from the CalendarSenator Jackson asked that House Bill No. 271 be called from
the Calendar at this time for its final passage.
HOUSE BILL NO. 271—BY REPRESENTATIVE BAYLOR
AN ACTTo amend and reenact R.S. 47:332.6(B), relative to the dedication of
certain sales tax revenues in the city of Shreveport; to changethe dedication and allowable uses of monies in the ShreveportRiverfront and Convention Center and Independence StadiumFund; to provide for an effective date; and to provide for relatedmatters.
Floor Amendments Sent UpSenator Jackson sent up floor amendments which were read.
SENATE FLOOR AMENDMENTS
Amendments proposed by Senator Jackson to Engrossed House BillNo. 271 by Representative Baylor
AMENDMENT NO.1On page 1, line 2, change "R.S. 47:332.6(B)" to "R.S.47:302.2(C)(1)(f) and 332.6(B)"
AMENDMENT NO. 2On page 1, line 7, change "R.S. 47:332.6(B) is" to "R.S.47:302.2(C)(1)(f) and 332.6(B are"
AMENDMENT NO. 3On page 1, between lines 7 and 8, insert the following:
"§302.2. Disposition of certain collections in the city ofShreveport
* * *C. Subject to an annual appropriation by the legislature, monies
in the fund shall be used as follows:(1) For allocation from all monies in the fund in the following
amounts:* * *
(f) Three percent for the Multicultural Museum. following:(i) One percent for the New Dimensions Choral Society;(ii) One percent for the Southern University Music Technology
Program;(iii) One percent for the Sci-Port Discovery Center for outreach
activities to underserved populations.* * *"
On motion of Senator Jackson, the amendments were adopted.
The bill was read by title. Senator Jackson moved the finalpassage of the amended bill.
ROLL CALLThe roll was called with the following result:
YEAS
Mr. President Dupre MarionneauxAdley Fields McPhersonAmedee Fontenot MichotBajoie Gautreaux B MountBarham Gautreaux N MurrayBoasso Heitmeier RomeroBroome Hollis SchedlerCain Jackson SmithChaisson Jones TheunissenCheek Kostelka UlloDardenne LentiniDuplessis Malone Total - 34
NAYS
Total - 0ABSENT
Cravins NeversEllington Shepherd Total - 4
The Chair declared the amended bill was passed. The title wasread and adopted. Senator Jackson moved to reconsider the vote bywhich the bill was passed and laid the motion on the table.
Called from the CalendarSenator Fontenot asked that House Bill No. 573 be called from
the Calendar at this time for its final passage.
HOUSE BILL NO. 573—BY REPRESENTATIVES KENNARD, ANSARDI, DORSEY, RITCHIE, ANDSTRAIN
A JOINT RESOLUTIONProposing to amend Article VII, Section 18(G)(1)(a)(i) and (2)(a) and
to add Article VII, Section 18(G)(1)(a)(iv) of the Constitution ofLouisiana; to provide for a special assessment level forhomestead exempt property owned by honorably dischargeddisabled military veterans for ad valorem tax purposes basedupon the extent of the disability; to provide for submission ofthe proposed amendment to the electors; to provide for aneffective date; and to provide for related matters.
Floor Amendments Sent UpSenator Fontenot sent up floor amendments which were read.
SENATE FLOOR AMENDMENTS
Amendments proposed by Senator Fontenot to Reengrossed HouseBill No. 573 by Representative Kennard
AMENDMENT NO.1In Senate Committee Amendment No. 12, proposed by the SenateCommittee on Revenue and Fiscal Affairs and adopted by the Senateon June 15, 2006, on page 2, delete lines 27 through 48 and on page3, line 1, delete "years of age." and insert the following:
"To extend the special assessment level to homesteads ownedand occupied by any person with a service-connected disability ratingof 50% or more, and by certain members of the armed forces of theUnited States or members of the Louisiana National Guard killed,missing in action, or were prisoners of war, and to provide for otherconditions and requirements provided under the present constitution,and requires annual certification of eligibility by persons under sixty-five years of age who have qualified for and received the specialassessment level."
On motion of Senator Fontenot, the amendments were adopted.
The bill was read by title. Senator Fontenot moved the finalpassage of the amended bill.
Page 38 SENATE 35th DAY'S PROCEEDINGSJune 20, 2005
ROLL CALLThe roll was called with the following result:
YEAS
Mr. President Duplessis MaloneAdley Ellington MarionneauxAmedee Fields McPhersonBajoie Fontenot MichotBarham Gautreaux B MountBoasso Gautreaux N MurrayBroome Heitmeier NeversCain Hollis RomeroChaisson Jackson SchedlerCheek Jones SmithCravins Kostelka TheunissenDardenne Lentini Ullo Total - 36
NAYS
Total - 0ABSENT
Dupre Shepherd Total - 2
The Chair declared the amended bill was passed. The title wasread and adopted. Senator Fontenot moved to reconsider the vote bywhich the bill was passed and laid the motion on the table.
Senator McPherson in the Chair
Called from the CalendarSenator Dupre asked that House Bill No. 867 be called from the
Calendar at this time for its final passage.
HOUSE BILL NO. 867—BY REPRESENTATIVE LABRUZZO
AN ACTTo amend and reenact R.S. 47:303(A)(3) and 337.86(A), relative to
the sales and use tax levied by the state and its politicalsubdivisions; to provide with respect to the credit against the usetax for sales and use taxes paid on vehicles purchased and titledin other states; to provide for an effective date; and to providefor related matters.
The bill was read by title. Senator Dupre moved the finalpassage of the bill.
ROLL CALLThe roll was called with the following result:
YEAS
Mr. President Dupre McPhersonAdley Ellington MichotAmedee Fields MountBajoie Fontenot MurrayBarham Gautreaux B NeversBoasso Gautreaux N RomeroBroome Heitmeier SchedlerCain Hollis ShepherdChaisson Jackson SmithCheek Jones TheunissenCravins Kostelka UlloDardenne MaloneDuplessis Marionneaux Total - 37
NAYS
Total - 0
ABSENT
Lentini Total - 1
The Chair declared the bill was passed. The title was read andadopted. Senator Dupre moved to reconsider the vote by which thebill was passed and laid the motion on the table.
Called from the CalendarSenator N. Gautreaux asked that House Bill No. 321 be called
from the Calendar at this time for its final passage.
HOUSE BILL NO. 321—BY REPRESENTATIVE ROMERO
AN ACTTo amend and reenact R.S. 51:913 and 913.3 and to enact R.S.
51:913.4, relative to oil field and farm equipment; to provide forrecordkeeping requirements for dealers; to provide for penalties;to provide for injunctive relief; and to provide for relatedmatters.
The bill was read by title. Senator Dupre moved the finalpassage of the bill.
ROLL CALLThe roll was called with the following result:
YEAS
Adley Ellington McPhersonAmedee Fields MichotBajoie Fontenot MountBarham Gautreaux B MurrayBoasso Gautreaux N NeversBroome Heitmeier RomeroCain Hollis SchedlerChaisson Jackson ShepherdCheek Jones SmithCravins Kostelka TheunissenDardenne Lentini UlloDuplessis MaloneDupre Marionneaux Total - 37
NAYS
Total - 0ABSENT
Mr. President Total - 1
The Chair declared the bill was passed. The title was read andadopted. Senator Dupre moved to reconsider the vote by which thebill was passed and laid the motion on the table.
Called from the CalendarSenator Nevers asked that House Bill No. 370 be called from the
Calendar at this time for its final passage.
HOUSE BILL NO. 370—BY REPRESENTATIVES FAUCHEUX AND GARY SMITH
A JOINT RESOLUTIONProposing to amend Article VII, Section 18(G)(1)(a)(i) and (2)(a) and
to add Article VII, Section 18(G)(1)(a)(iv) of the Constitution ofLouisiana, relative to ad valorem taxation; to create a specialassessment level for persons designated as disabled by theUnited States Social Security Administration; to provide forsubmission of the proposed amendment to the electors; toprovide a ballot proposition; and to provide for related matters.
35th DAY'S PROCEEDINGS Page 39 SENATEJune 20, 2005
Floor Amendments Sent UpSenator Nevers sent up floor amendments which were read.
SENATE FLOOR AMENDMENTS
Amendments proposed by Senator Nevers to Reengrossed House BillNo. 370 by Representative Faucheux
AMENDMENT NO.1Delete Senate Committee Amendments Nos. 1, 2 and 3 proposed bythe Senate Committee on Revenue and Fiscal Affairs and adopted bythe Senate on June 15, 2005.
AMENDMENT NO. 2On page 1, at the end of line 4, delete "by"
AMENDMENT NO. 3On page 1, delete line 5, and insert "to provide for submission of the"
AMENDMENT NO. 4On page 1,line 18, after "person or persons" delete the remainder ofthe line, delete line 19, and on page 2, line 1, and insert:
"sixty-five years of age or older, or any person or personspermanently totally disabled as determined by a final non-appealable judgment of a court or as certified by a state orfederal administrative agency charged with the responsibility formaking determinations regarding disability, and who"
On motion of Senator Nevers, the amendments were adopted.
The bill was read by title. Senator Nevers moved the finalpassage of the amended bill.
ROLL CALLThe roll was called with the following result:
YEAS
Mr. President Dupre MarionneauxAdley Ellington McPhersonAmedee Fields MichotBajoie Gautreaux B MountBarham Gautreaux N MurrayBoasso Heitmeier NeversBroome Hollis RomeroCain Jackson SchedlerChaisson Jones ShepherdCheek Kostelka SmithDardenne Lentini TheunissenDuplessis Malone Ullo Total - 36
NAYS
Fontenot Total - 1
ABSENT
Cravins Total - 1
The Chair declared the amended bill was passed. The title wasread and adopted. Senator Nevers moved to reconsider the vote bywhich the bill was passed and laid the motion on the table.
Called from the CalendarSenator Mount asked that House Bill No. 152 be called from the
Calendar at this time for its final passage.
HOUSE BILL NO. 152—BY REPRESENTATIVE E. GUILLORY
AN ACTTo amend and reenact R.S. 18:563(D) and (E) and to enact R.S.
18:563(F), relative to voting procedures; to prohibit the use ofcertain electronic communication devices while voting; toexempt from the prohibition certain electronic communicationdevices to be used for assisted voting; and to provide for relatedmatters.
Floor Amendments Sent UpSenator Fields sent up floor amendments which were read.
SENATE FLOOR AMENDMENTS
Amendments proposed by Senator Fields to Engrossed House BillNo. 152 by Representative E. Guillory
AMENDMENT NO.1On page 1, line 13, delete "pursuant to R.S. 18:564"
AMENDMENT NO. 2On page 1, line 14, after "communicate" delete the remainder of theline and insert the following: "with another person."
On motion of Senator Fields, the amendments were adopted.
The bill was read by title. Senator Mount moved the finalpassage of the amended bill.
ROLL CALLThe roll was called with the following result:
YEAS
Adley Gautreaux B MountBroome Jackson Murray Total - 6
NAYS
Mr. President Dupre MarionneauxAmedee Ellington McPhersonBarham Fields MichotBoasso Fontenot NeversCain Gautreaux N RomeroChaisson Heitmeier ShepherdCheek Hollis SmithCravins Jones TheunissenDardenne Lentini UlloDuplessis Malone Total - 29
ABSENT
Bajoie Kostelka Schedler Total - 3
The Chair declared the amended bill failed to pass. Senator Ullomoved to reconsider the vote by which the bill failed to pass and laidthe motion on the table.
Rules SuspendedSenator Mount asked for and obtained a suspension of the rules
for the purpose of taking up House Bill No. 212 which was justadvanced to a third reading and final passage.
House Bills and Joint Resolutions onThird Reading
and Final Passage
Page 40 SENATE 35th DAY'S PROCEEDINGSJune 20, 2005
The following House Bills and Joint Resolutions just advancedto a Third Reading and Final Passage were taken up and acted uponas follows:
HOUSE BILL NO. 212—BY REPRESENTATIVE HAMMETT
AN ACTTo amend and reenact Section 2 of Act No. 15 of the 1996 Regular
Session of the Legislature, as amended by Act No. 47 of the1998 Regular Session of the Legislature, Act No. 33 of the 2000Regular Session of the Legislature, and Act No. 141 of the 2003Regular Session of the Legislature; to extend the terminationdate regarding certain transactions involving certain private andparochial elementary and secondary schools; to provide for aneffective date; and to provide for related matters.
The bill was read by title. Senator Mount moved the finalpassage of the bill.
ROLL CALLThe roll was called with the following result:
YEAS
Mr. President Dupre McPhersonAdley Ellington MichotAmedee Fields MountBajoie Fontenot MurrayBarham Gautreaux B NeversBoasso Gautreaux N RomeroBroome Heitmeier SchedlerCain Hollis ShepherdChaisson Jackson SmithCheek Jones TheunissenCravins Lentini UlloDardenne MaloneDuplessis Marionneaux Total - 37
NAYS
Total - 0ABSENT
Kostelka Total - 1
The Chair declared the bill was passed. The title was read andadopted. Senator Mount moved to reconsider the vote by which thebill was passed and laid the motion on the table.
House Bills and Joint Resolutions onThird Reading and Final Passage,
Subject to Call, ResumedThe following House Bills and Joint Resolutions on Third
Reading and Final Passage, subject to call, were taken up and actedupon as follows:
Called from the CalendarSenator Michot asked that House Bill No. 242 be called from the
Calendar at this time for its final passage.
HOUSE BILL NO. 242—BY REPRESENTATIVE CROWE
AN ACTTo amend and reenact R.S. 40:1299.35.7(D), relative to abortion; to
provide with respect to the offering of informed consentinformation in certain cases; and to provide for related matters.
Floor Amendments Sent UpSenator Michot sent up floor amendments which were read.
SENATE FLOOR AMENDMENTS
Amendments proposed by Senator Michot to Reengrossed House BillNo. 242 by Representative Crowe
AMENDMENT NO.1On page 1, line 3 after "cases;" insert "to provide for spiritualcounseling;"
AMENDMENT NO. 2On page 1, line 10 after "victim" insert "may request spiritualcounseling and"
On motion of Senator Michot, the amendments were adopted.
The bill was read by title. Senator Michot moved the finalpassage of the amended bill.
ROLL CALLThe roll was called with the following result:
YEAS
Mr. President Dupre MarionneauxAdley Ellington McPhersonAmedee Fields MichotBarham Fontenot MountBoasso Gautreaux B MurrayBroome Gautreaux N NeversCain Heitmeier RomeroChaisson Hollis SchedlerCheek Jackson SmithCravins Jones TheunissenDardenne Lentini UlloDuplessis Malone Total - 35
NAYS
Total - 0ABSENT
Bajoie Kostelka Shepherd Total - 3
The Chair declared the amended bill was passed. The title wasread and adopted. Senator Michot moved to reconsider the vote bywhich the bill was passed and laid the motion on the table.
Called from the CalendarSenator Bajoie asked that House Bill No. 742 be called from the
Calendar at this time for its final passage.
HOUSE BILL NO. 742—BY REPRESENTATIVES K. CARTER, GRAY, JEFFERSON, ARNOLD,BADON, BURNS, HEATON, HUTTER, MARCHAND, RICHMOND,SCALISE, SHEPHERD, AND WINSTON AND SENATOR DUPLESSIS
AN ACTTo enact Chapter 27-C of Title 33 of the Louisiana Revised Statutes
of 1950, to be comprised of R.S. 33:9039.51 through 9039.66,and to repeal R.S. 36:109(M) and Part III of Chapter 6 of Title46 of the Louisiana Revised Statutes of 1950, comprised of R.S.46:811 through 813.1, relative to the Greater New OrleansBiosciences Economic Development District; to facilitate publicand private research functions in the district; to create andprovide for such district and its board of commissioners andtheir powers, duties, functions, and responsibilities; to repealprovisions providing for the Louisiana Biomedical Research and
35th DAY'S PROCEEDINGS Page 41 SENATEJune 20, 2005
Development Park Commission; and to provide for relatedmatters.
Floor Amendments Sent UpSenator Bajoie sent up floor amendments which were read.
SENATE FLOOR AMENDMENTS
Amendments proposed by Senator Bajoie to Reengrossed House BillNo. 742 by Representative K. Carter
AMENDMENT NO.1On page 5, delete lines 5 and 6 and insert the following: "(g) Fourappointed by the governor, at least two of which shall be residents ofOrleans Parish"
AMENDMENT NO. 2On page 5, at the beginning of line 7, change "(i)" to "(h)"
AMENDMENT NO. 3On page 5, line 18, between "two years," and "four years," insert"three years,"
AMENDMENT NO. 4On page 5, line 22, change "with the right to appoint or" to "alreadyrepresented on the board pursuant to this Section or with the right to"
AMENDMENT NO. 5On page 17, at the end of line 2, delete "the"
AMENDMENT NO. 6On page 17, line 3, change "governor or the governor's designee," to"one of the appointees of the governor, as designated by thegovernor"
AMENDMENT NO. 7On page 18, line 27, delete "without regard to any other statutory"
AMENDMENT NO. 8On page 18, line 28, change "or regulatory requirement." to"according to law."
AMENDMENT NO. 9On page 21, line 7, between "district" and the period "." insert "for aproject located in or a program to be performed in the district andrelative to the goals and objectives of the district"
AMENDMENT NO. 10On page 21, delete line 9 in its entirety
AMENDMENT NO. 11On page 21, at the beginning of line 10, delete "contained in thisChapter."
On motion of Senator Bajoie, the amendments were adopted.
Floor Amendments Sent UpSenator Bajoie sent up floor amendments which were read.
SENATE FLOOR AMENDMENTS
Amendments proposed by Senator Bajoie to Reengrossed House BillNo. 742 by Representative K. Carter
AMENDMENT NO.1On page 14, line 20, after "levy of" delete "sales and use taxes and"
AMENDMENT NO. 2On page 14, delete lines 26 through 28 in their entirety
AMENDMENT NO. 3On page 15, delete lines 1 through 10 in their entirety
On motion of Senator Bajoie, the amendments were adopted.
Floor Amendments Sent UpSenator Barham sent up floor amendments which were read.
SENATE FLOOR AMENDMENTS
Amendments proposed by Senator Barham to Reengrossed HouseBill No. 742 by Representative K. Carter
AMENDMENT NO.1On page 5, between lines 8 and 9, insert the following: "(j) Thechairman of the Board of Supervisors of Louisiana State UniversitySystem or his designee."
AMENDMENT NO. 2On page 20, after line 28 insert the following: "Resolutions of theBoard of Supervisors or Board of Regents declaring that theirrespective authority is not affected shall be conclusive evidence ofsuch."
On motion of Senator Barham, the amendments were adopted.
Floor Amendments Sent UpSenator Chaisson sent up floor amendments which were read.
SENATE FLOOR AMENDMENTS
Amendments proposed by Senator Chaisson to Reengrossed HouseBill No. 742 by Representative K. Carter
AMENDMENT NO.1On page 15, line 5, after the comma "," and before "all" insert thefollowing: "except hotel and motel room sales pursuant to R.S.47:301(14)(a),"
On motion of Senator Chaisson, the amendments were adopted.
The bill was read by title. Senator Bajoie moved the finalpassage of the amended bill.
ROLL CALLThe roll was called with the following result:
YEAS
Mr. President Duplessis JonesBajoie Dupre McPhersonBoasso Ellington MurrayBroome Fields NeversCain Gautreaux B ShepherdChaisson Heitmeier SmithCheek Hollis UlloCravins Jackson Total - 23
NAYS
Adley Kostelka MountAmedee Lentini RomeroBarham Malone TheunissenDardenne MarionneauxFontenot Michot Total - 13
ABSENT
Gautreaux N Schedler Total - 2
The Chair declared the amended bill was passed. The title wasread and adopted. Senator Bajoie moved to reconsider the vote bywhich the bill was passed and laid the motion on the table.
Page 42 SENATE 35th DAY'S PROCEEDINGSJune 20, 2005
Called from the CalendarSenator Duplessis asked that House Bill No. 219 be called from
the Calendar at this time for its reconsideration.
HOUSE BILL NO. 219—BY REPRESENTATIVE ARNOLD
AN ACTTo amend and reenact R.S. 32:429(A), relative to service and
transaction fees levied by local governments to fund office ofmotor vehicles field offices; to increase the maximum feeallowed per service or transaction; and to provide for relatedmatters.
The bill was read by title. Senator Duplessis moved the finalpassage of the bill.
ROLL CALLThe roll was called with the following result:
YEAS
Mr. President Ellington McPhersonBajoie Fields MurrayBroome Gautreaux B ShepherdChaisson Heitmeier SmithCheek Hollis TheunissenCravins Jackson UlloDuplessis JonesDupre Marionneaux Total - 22
NAYS
Adley Dardenne MichotAmedee Fontenot NeversBarham Kostelka RomeroBoasso LentiniCain Malone Total - 13
ABSENT
Gautreaux N Mount Schedler Total - 3
The Chair declared the bill was passed. The title was read andadopted. Senator Duplessis moved to reconsider the vote by whichthe bill was passed and laid the motion on the table.
Called from the CalendarSenator Jackson asked that House Bill No. 767 be called from
the Calendar at this time for its final passage.
HOUSE BILL NO. 767—BY REPRESENTATIVE GLOVER
AN ACTTo enact R.S. 14:103.1(D) and (E), relative to the emanation of
excessive sound or noise; to provide for the surrender of licenseplates upon conviction and court order; to authorize localgoverning authorities to adopt ordinances to provide for theregulation of the emanation of excessive sound or noise; and toprovide for related matters.
Floor Amendments Sent UpSenator Lentini sent up floor amendments which were read.
SENATE FLOOR AMENDMENTS
Amendments proposed by Senators Lentini and Cain to EngrossedHouse Bill No. 767 by Representative Glover
AMENDMENT NO.1
On page 1, line 3, after "of" delete "license plates" and insert "driver'slicense"
AMENDMENT NO. 2On page 1, delete line 13, and insert the following:
"violation the driver's license of the driver involved in theviolation for a period"
AMENDMENT NO. 3On page 1, at the end of line 14, insert the following:
"The violator shall be responsible for the retrieval of his driver'slicense from the law enforcement agency after the expiration of theperiod of surrender."
AMENDMENT NO. 4On page 1, delete line 17, and insert the following:
"reported the violation the driver's license of the driver involvedin the violation"
AMENDMENT NO. 5On page 1, at the end of line 18, insert the following:
"The violator shall be responsible for the retrieval of his driver'slicense from the law enforcement agency after the expiration of theperiod of surrender."
On motion of Senator Lentini, the amendments were adopted.
Floor Amendments Sent UpSenator Fields sent up floor amendments which were read.
SENATE FLOOR AMENDMENTS
Amendments proposed by Senator Fields to Engrossed House BillNo. 767 by Representative Glover
AMENDMENT NO.1On page 1, line 2, after "To" insert "amend and reenact R.S.14:103.1(C) and"
AMENDMENT NO. 2On page 1, line 5, after "noise;" insert "to provide for proof;"
AMENDMENT NO. 3On page 1, line 8, after "Section 1." insert "R.S. 14:103.1(C) ishereby amended and reenacted and"
AMENDMENT NO. 4On page 1, between lines 10 and 11, insert:
"C.(1) Whoever violates a provision of this Section shall befined one hundred dollars for a first offense, and not less than twohundred dollars nor more than five hundred dollars for second andsubsequent offenses.
(2) No person shall be convicted of a violation of this Sectionunless it is shown that the sound or noise has been measured by a lawenforcement officer with a decibel meter and documented."
On motion of Senator Fields, the amendments were adopted.
The bill was read by title. Senator Jackson moved the finalpassage of the amended bill.
ROLL CALLThe roll was called with the following result:
YEAS
Mr. President Dupre MarionneauxAdley Ellington McPhersonAmedee Fields MichotBajoie Fontenot MountBarham Gautreaux B MurrayBoasso Gautreaux N Nevers
35th DAY'S PROCEEDINGS Page 43 SENATEJune 20, 2005
Broome Heitmeier RomeroCain Hollis ShepherdChaisson Jackson SmithCheek Jones TheunissenCravins Kostelka UlloDardenne LentiniDuplessis Malone Total - 37
NAYS
Total - 0ABSENT
Schedler Total - 1
The Chair declared the amended bill was passed. The title wasread and adopted. Senator Jackson moved to reconsider the vote bywhich the bill was passed and laid the motion on the table.
Called from the CalendarSenator Mount asked that House Bill No. 795 be called from the
Calendar at this time for its final passage.
HOUSE BILL NO. 795—BY REPRESENTATIVE HAMMETT
AN ACTTo amend and reenact R.S. 47:3201 through 3205 and 4301 through
4306, relative to contracts with the Board of Commerce andIndustry and manufacturing establishments; and to provide forrelated matters.
Floor Amendments Sent UpSenator Mount sent up floor amendments which were read.
SENATE FLOOR AMENDMENTS
Amendments proposed by Senator Mount to Engrossed House BillNo. 795 by Representative Hammett
AMENDMENT NO.1On page 9, line 11, change "R.S. 33:2716.1" to "R.S. 33:2716.1 R.S.47:337.8"
AMENDMENT NO. 2On page 9, delete line 12, and insert:
"L.(1) Notwithstanding the provisions of R.S. 47:302(G) and331(E) any law suspending a sales tax exemption or exclusion, ormaking it inapplicable, inoperable, and of no effect, or the"
AMENDMENT NO. 3On page 9, line 15, after "state" delete the remainder of the line,delete line 16, and insert a period "."
AMENDMENT NO. 4On page 9, between lines 16 and 17, insert:
"(2) A commuter airline for the purposes of this Subsection isdefined as any airline transporting passengers and/or freight on aregularly scheduled basis, with a minimum of twenty flights perweek, whose schedule is published in the Official Airline Guide butwhich has been exempted from the general rate and route regulationsof the Civil Aeronautics Board under the provisions of Section298.11 of Subpart B of Part 298 of Chapter II of Title 14 of the Codeof Federal Regulations promulgated under the authority of Sections1324 and 1386 of Title 49 of the United States Code. A commuterairline is further defined as any airline having ticket counters that arestaffed at airports it serves, a reservations office operating at leasttwelve hours a day, seven days a week, and interline ticket andbaggage agreements through the Air Traffic Conference of America."
AMENDMENT NO. 5
On page 10, line 17, change "R.S. 51:2453(1)(b)(i) through (v), (c)and (d)" to "R.S. 51:2453(2)(f)(i) through (v)"
AMENDMENT NO. 6On page 13, line 17, change "R.S. 30:1073" to "R.S. 30:1073 R.S.30:3025"
AMENDMENT NO. 7On page 13, line 18, change "R.S. 30:1073" to "R.S. 30:1073 R.S.30:3025"
AMENDMENT NO. 8On page 14, line 5, after "D." insert "(1)"
AMENDMENT NO. 9On page 14, at the end of line 9, delete "(2)" and insert:new and expanded manufacturing establishment person's businesswill have on the environment and the history of compliance withenvironmental laws in this state or any other state where the applicanthas operated.
(2)"
On motion of Senator Mount, the amendments were adopted.
Floor Amendments Sent UpSenator Mount sent up floor amendments which were read.
SENATE FLOOR AMENDMENTS
Amendments proposed by Senator Mount to Engrossed House BillNo. 795 by Representative Hammett
AMENDMENT NO.1In Senate Committee Amendment No. 5, proposed by the SenateCommittee on Revenue and Fiscal Affairs and adopted by the Senateon June 17, 2005, on page 1, line 12, after "exemption" delete theremainder of the line, and delete line 13
On motion of Senator Mount, the amendments were adopted.
The bill was read by title. Senator Mount moved the finalpassage of the amended bill.
ROLL CALLThe roll was called with the following result:
YEAS
Mr. President Dupre MarionneauxAdley Ellington McPhersonAmedee Fields MichotBajoie Fontenot MountBarham Gautreaux B MurrayBoasso Gautreaux N NeversBroome Heitmeier RomeroCain Hollis ShepherdChaisson Jackson SmithCheek Jones TheunissenCravins Kostelka UlloDardenne LentiniDuplessis Malone Total - 37
NAYS
Total - 0ABSENT
Schedler Total - 1
Page 44 SENATE 35th DAY'S PROCEEDINGSJune 20, 2005
The Chair declared the amended bill was passed. The title wasread and adopted. Senator Mount moved to reconsider the vote bywhich the bill was passed and laid the motion on the table.
Called from the CalendarSenator Adley asked that House Bill No. 786 be called from the
Calendar at this time for its final passage.
HOUSE BILL NO. 786—BY REPRESENTATIVE SALTER
AN ACTTo enact Chapter 51 of Title 51 of the Louisiana Revised Statutes of
1950, to be comprised of R.S. 51:3075 through 3088, relative tothe Louisiana Community Development Financial InstitutionAct; to provide for a credit against income and franchisetaxation; to provide for certification and decertification of aLouisiana Community Development Financial Institution; toprovide for an effective date; and to provide for related matters.
Floor Amendments Sent UpSenator Adley sent up floor amendments which were read.
SENATE FLOOR AMENDMENTS
Amendments proposed by Senator Adley to Reengrossed House BillNo. 786 by Representative Salter
AMENDMENT NO.1On page 2, between lines 11 and 12 insert the following:
"(1) "Applicant entity" means an entity applying to become aLCDFI."
AMENDMENT NO. 2On page 2, line 12, change "(1)" to "(2)"
AMENDMENT NO. 3On page 2, line 15, change "(2 )" to "(3)"
AMENDMENT NO. 4On page 2, line 17, change "(3)" to "(4)"
AMENDMENT NO. 5On page 2, line 18, change "(4)" to "(5)"
AMENDMENT NO. 6On page 2, line 22, after "(b)" and before "loan" change "A" to "The"
AMENDMENT NO. 7On page 2, between lines 26 and 27, insert the following:
"(c) Notwithstanding any other provision of this Act to thecontrary, the percentage of equity interest in a Louisianaentrepreneurial business shall not exceed the percentage ofinvestment made in the Louisiana entrepreneurial business.
(6) "Investment" means cash invested in a LCDFI by aninvestor."
AMENDMENT NO. 8On page 2, line 27, change "(5)" to "(7)"
AMENDMENT NO. 9On page 3, line 1, change "(6)" to "(8)"
AMENDMENT NO. 10On page 3, line 10, change "(7)" to "(9)"
AMENDMENT NO. 11On page 3, line 12, change "(8)" to "(10)"
AMENDMENT NO. 12On page 3, line 13, after "least" and before "percent" change "twenty"to "fifty"
AMENDMENT NO. 13On page 3, line 15, change "(9)" to "(11)" and after "means" andbefore "dollars" change "two hundred thousand" to "one million"
AMENDMENT NO. 14On page 3, line 17, change "(10)" to "(12)"
AMENDMENT NO. 15On page 3, line 26, change "(11)" to "(13)"
AMENDMENT NO. 16On page 3, line 28, change "(12)" to "(14)"
AMENDMENT NO. 17On page 4, line 4, at the end of the line after the period "." insert "Thecredit may be transferred."
AMENDMENT NO. 18On page 4, line 12, after "2009-2010" and the period "." delete theremainder of the line and delete lines 13 through 16 in their entirety.
AMENDMENT NO. 19On page 4, line 17, after "(3)" delete the remainder of the line anddelete lines 18 though 27 in their entirety and insert the following:
"Allocations shall be granted to LCDFI's on a pro-rata basis."
AMENDMENT NO. 20On page 5, at the end of line 6, after the period "." insert thefollowing:
"The recipient of any transferred tax credit shall only take suchcredit as a reduction of the tax liability of the recipient for anytaxable year."
AMENDMENT NO. 21On page 5, line 9, after "damages to" and before "in a Louisiana"change "an investor" to "a person who makes an investment"
AMENDMENT NO. 22On page 5, between lines 12 and 13, insert the following:
"E. Notwithstanding any provision of this Chapter to thecontrary, proceeds of tax exempt bonds which are invested in aLCDFI shall not be considered equity for the purposes of determiningtax credits under this Chapter."
AMENDMENT NO. 23On page 5, at the beginning of line 19, after "applicant" and before"for" insert "entity" and after "of the applicant" and before thecomma "," insert "entity"
AMENDMENT NO. 24On page 5, line 20, after "at least" and before "dollars" change "twohundred thousand" to "one million"
AMENDMENT NO. 25On page 5, line 28, after "applicant" insert "entity"
AMENDMENT NO. 26On page 6, line 19, after "of all" delete the remainder of the line anddelete line 20 in its entirety and insert the following:
"capital raised must be invested in low income communitiesbefore June 30, 2010."
AMENDMENT NO. 27On page 6, delete lines 25 through 28 in their entirety and on page 7,delete lines 1 and 2 in their entirety.
AMENDMENT NO. 28On page 7, line 3, change "D." to "C."
AMENDMENT NO. 29On page 7, line 7, change "E." to "D."
AMENDMENT NO. 30On page 8, line 1, change "F." to "E."
35th DAY'S PROCEEDINGS Page 45 SENATEJune 20, 2005
AMENDMENT NO. 31On page 8, line 6, change "G." to "F."
AMENDMENT NO. 32On page 8, line 12, after "(3)" and before "any" delete "Willfullyviolate" and insert "Violate"
AMENDMENT NO. 33On page 9, delete lines 22 through 26 in their entirety
AMENDMENT NO. 34On page 9, line 27, change "(3)" to "(2)"
AMENDMENT NO. 35On page 10, line 1, change "(4)" to "(3)"
AMENDMENT NO. 36On page 10, line 5, change "(5)" to "(4)"
AMENDMENT NO. 37On page 10, delete lines 14 through 18 in their entirety.
AMENDMENT NO. 38On page 10, line 20, after "regulations" and before "as necessary"insert "in accordance with the Administrative Procedures Act"
AMENDMENT NO. 39On page 11, at the beginning of line 2, delete "A."
AMENDMENT NO. 40On page 11, delete line 5 in its entirety
AMENDMENT NO. 41On page 11, delete lines 12 through 15 in their entirety
AMENDMENT NO. 42On page 11, line 16, change "§3087." to "§3086."
AMENDMENT NO. 43On page 11, at the beginning of line 17, delete "A."
AMENDMENT NO. 44On page 11, delete lines 25 through 29 in their entirety and on page12, delete lines 1 and 2 in their entirety
AMENDMENT NO. 45On page 12, line 3, change "§3088." to "§3087." AMENDMENT NO. 46On page 12, line 11, after "agencies" and the period ".", delete theremainder of the line and delete line 12
AMENDMENT NO. 47On page 12, between lines 26 and 27, insert the following:
"§3088. Program terminationThe program shall terminate on June 30, 2010."
On motion of Senator Adley, the amendments were adopted.
The bill was read by title. Senator Adley moved the finalpassage of the amended bill.
ROLL CALLThe roll was called with the following result:
YEAS
Mr. President Duplessis MaloneAdley Dupre MarionneauxAmedee Ellington McPhersonBajoie Fields MichotBarham Fontenot MountBoasso Gautreaux B Murray
Broome Gautreaux N NeversCain Heitmeier RomeroChaisson Hollis ShepherdCheek Jackson SmithCravins Jones TheunissenDardenne Lentini Ullo Total - 36
NAYS
Total - 0ABSENT
Kostelka Schedler Total - 2
The Chair declared the amended bill was passed. The title wasread and adopted. Senator Adley moved to reconsider the vote bywhich the bill was passed and laid the motion on the table.
Mr. President in the Chair
Called from the CalendarSenator Heitmeier asked that House Bill No. 842 be called from
the Calendar at this time for its final passage.
HOUSE BILL NO. 842—BY REPRESENTATIVES ALARIO AND TRICHE
AN ACTTo appropriate funds and to make certain reductions in appropriations
from certain sources to be allocated to designated agencies andpurposes in specific amounts for the making of supplementalappropriations and reductions for said agencies and purposes forthe 2004-2005 Fiscal Year; to establish certain special treasuryfunds; and to provide for related matters.
Floor Amendments Sent UpSenator Ellington sent up floor amendments which were read.
SENATE FLOOR AMENDMENTS
Amendments proposed by Senators Ellington, Adley, Amedee,Boasso, Barham, Cain, Chaisson, Cheek, Cravins, Duplessis, Dupre,Fontenot, Hines, Hollis, B. Gautreaux, N. Gautreaux, Jackson, Jones,Kostelka, Marionneaux, Michot, Mount, Nevers, Schedler, Smith andTheunissen to Reengrossed House Bill No. 842 by RepresentativeAlario
AMENDMENT NO.1Delete Senate Committee amendment No. 13, proposed by the SenateCommittee on Finance and adopted by the Senate June 19, 2005.
AMENDMENT NO. 2Delete Senate Committee amendment No. 14, proposed by the SenateCommittee on Finance and adopted by the Senate June 19, 2005.
AMENDMENT NO. 3On page 6, delete lines 16 through 45 in their entirety.
AMENDMENT NO. 4On page 7, delete lines 1 through 31 in their entirety.
AMENDMENT NO. 5On page 27, between lines 23 and 24 insert the following:
"Section 10.
Payable out of State General Fund (Direct) to the TEACH Fund $12,500,000
Section 11.
Payable out of the State General Fund by
Page 46 SENATE 35th DAY'S PROCEEDINGSJune 20, 2005Statutory Dedications out of the TEACH Fund to the School and Community Support Program for a pay increase, including related benefits, for certain certificated personnel, in the event that House Bill No. 461 of the 2005 Regular Session of the Legislature, which establishes the TEACH Fund, is enacted into law $12,500,000
Provided, however, that of the State General Fund by StatutoryDedications out of the TEACH Fund appropriated herein,$11,980,000 shall be allocated to provide a $530 pay increaseincluding related benefits, to certificated personnel in those publicschool districts who would not have otherwise received the average$530 pay increase pursuant to Senate Concurrent Resolution No. 125of the 2005 Regular Session of the Louisiana Legislature. In theevent that Senate Concurrent Resolution No. 125 of the 2005 RegularSession of the Louisiana Legislature is not approved by theLegislature, and the Minimum Foundation Program reverts to theformula prescribed by Senate Concurrent Resolution No. 122 of the2004 Regular Session of the Louisiana Legislature, then theDepartment of Education shall distribute these funds accordingly.
Provided, further, that of the State General Fund by StatutoryDedications out of the TEACH Fund appropriated herein, $520,000shall be allocated to provide a uniform $530 pay increase, includingrelated benefits, to certificated personnel in the following entities: theLSU University Laboratory School; the Southern UniversityLaboratory School; Type 2 Charter Schools; Type 5 Charter Schools;the Louisiana School for the Visually Impaired; the Louisiana Schoolfor the Deaf; the Louisiana Special Education Center; the LouisianaSchool for Math, Science and the Arts; the New Orleans Center forthe Creative Arts- Riverfront; Special School Districts; and theDepartment of Public Safety and Corrections, Office of YouthDevelopment.
Further, in the event that the official Fiscal Year 2005-2006 RevenueEstimating Conference forecast adopted after July 1, 2005, exceedsthe official Fiscal Year 2005-2006 Revenue Estimating Conferenceforecast adopted on May 15, 2005, the initial $12,500,000 in excessrevenues recognized shall be dedicated as noted to acceleratingpayoff of the Unfunded Accrued Liability for the following: theLouisiana State Employees Retirement System, $4,700,000; and theTeachers’ Retirement System of Louisiana, $7,800,000.”
AMENDMENT NO. 6On page 27, delete line 24 through 28 and insert the following:
Section 12. Section 11of this Act shall become effective July 1,2005, all other Sections if this Act shall become effective uponsignature by the governor or, if not signed by the governor, uponexpiration of the time for bills to become law without signature bythe governor, as provided by Article III, Section 18 of theConstitution of Louisiana. If vetoed by the governor andsubsequently approved by the legislature, this Act shall becomeeffective on the day following such approval
Senator Ellington moved adoption of the amendments.
Senator Heitmeier objected.
ROLL CALLThe roll was called with the following result:
YEAS
Mr. President Dupre MarionneauxAdley Ellington MichotAmedee Fields MountBajoie Fontenot MurrayBarham Gautreaux B NeversBoasso Gautreaux N RomeroBroome Heitmeier Schedler
Cain Hollis ShepherdChaisson Jackson SmithCheek Jones TheunissenCravins Kostelka UlloDardenne LentiniDuplessis Malone Total - 37
NAYS
Total - 0ABSENT
McPherson Total - 1
The Chair declared the amendments were adopted.
Floor Amendments Sent UpSenator Heitmeier sent up floor amendments which were read.
SENATE FLOOR AMENDMENTS
Amendments proposed by Senator Heitmeier to Reengrossed HouseBill No. 842 by Representative Alario
AMENDMENT NO.1In Senate Committee Amendment No. 1 proposed by the SenateCommittee on Finance and adopted by the Senate on June 19, 2005,on page 1, at the end of line 7, change "$2,500,000" to "$3,000,000"
AMENDMENT NO. 2In Senate Committee Amendment No. 1 proposed by the SenateCommittee on Finance and adopted by the Senate on June 19, 2005,on page 1, between lines 7 and 8, insert the following:
"Provided, however, that from funds appropriated to the divisionof administration in Act 1 of the 2004 Regular Session of theLegislature, the commissioner of administration is hereby authorizedto expend a sum not to exceed Two Hundred Fifty Thousand andNo/100 ($250,000.00) Dollars for the compromise or settlement ofthe claims against the state in the suit entitled "Atlas Demolition andUnderground, L.L.C. v. The Board of Commissioners of the OrleansLevee District," bearing Number 2003-08423 on the docket ofSection 06-C of the Civil District Court for the Parish of Orleans,state of Louisiana."
AMENDMENT NO. 3In Senate Committee Amendment No. 12 proposed by the SenateCommittee on Finance and adopted by the Senate on June 19, 2005,on page 2, line 18, after "and" and before "pharmaceutical" insert"for"
AMENDMENT NO. 4In Senate Committee Amendment No. 16 proposed by the SenateCommittee on Finance and adopted by the Senate on June 19, 2005,on page 2, line 30, after "Medicaid" and before "to" change "Claims"to "claims"
AMENDMENT NO. 5In Senate Committee Amendment No. 16 proposed by the SenateCommittee on Finance and adopted by the Senate on June 19, 2005,on page 2, line 36, after "Medicaid" and before "to" change "Claims"to "claims"
AMENDMENT NO. 6In Senate Committee Amendment No. 19 proposed by the SenateCommittee on Finance and adopted by the Senate on June 19, 2005,on page 3, line 19, after "Legislature," and before "reducing" change"be" to "by"
AMENDMENT NO. 7In Senate Committee Amendment No. 20 proposed by the SenateCommittee on Finance and adopted by the Senate on June 19, 2005,on page 3, delete lines 21 and 22 in their entirety.
35th DAY'S PROCEEDINGS Page 47 SENATEJune 20, 2005
AMENDMENT NO. 8In Senate Committee Amendment No. 20 proposed by the SenateCommittee on Finance and adopted by the Senate on June 19, 2005,on page 3, delete lines 29 through 31 in their entirety.
AMENDMENT NO. 9In Senate Committee Amendment No. 20 proposed by the SenateCommittee on Finance and adopted by the Senate on June 19, 2005,on page 3, between lines 37 and 38 insert:
"FROM: Federal Funds $64,858,295
TOTAL MEANS OF FINANCING $64,858,295"
AMENDMENT NO. 10In Senate Committee Amendment No. 25 proposed by the SenateCommittee on Finance and adopted by the Senate on June 19, 2005,on page 4, at the end of line 13, change "$258,757,800" to"$259,257,800"
AMENDMENT NO. 11In Senate Committee Amendment No. 26 proposed by the SenateCommittee on Finance and adopted by the Senate on June 19, 2005,on page 4, at the end of line 15, change "$258,767,800" to"$259,257,800"
AMENDMENT NO. 12In Senate Committee Amendment No. 27 proposed by the SenateCommittee on Finance and adopted by the Senate on June 19, 2005,on page 4, at the end of line 17, change "$257,295,661" to"$258,295,661"
AMENDMENT NO. 13In Senate Committee Amendment No. 27 proposed by the SenateCommittee on Finance and adopted by the Senate on June 19, 2005,on page 4, at the end of line 19, change "$258,257,800 to"$259,257,800"
AMENDMENT NO. 14
In Senate Committee Amendment No. 29 proposed by the SenateCommittee on Finance and adopted by the Senate on June 19, 2005,on page 4, delete lines 22 through 29 in their entirety and insert:
"Payable out of the State General Fund (Direct) for deposit into the 2004 Overcollections Fund $2,500,000"
AMENDMENT NO. 15In Senate Committee Amendment No. 34 proposed by the SenateCommittee on Finance and adopted by the Senate on June 19, 2005,on page 5, line 17, after "Dollars" and before "is" insert ", plus costs,"
AMENDMENT NO. 16In Senate Committee Amendment No. 42 proposed by the SenateCommittee on Finance and adopted by the Senate on June 19, 2005,on page 6, on line 23, after "insert" and before "to" insert "all"
AMENDMENT NO. 17In Senate Committee Amendment No. 43 proposed by the SenateCommittee on Finance and adopted by the Senate on June 19, 2005,on page 6, line 27, after "sum of" and before "Thousand" change"Thirty-two" to "Thirty-one", and at the beginning of line 28, change"($32,584.00)" to "($31,584.00)"
AMENDMENT NO. 18In Senate Committee Amendment No. 43 proposed by the SenateCommittee on Finance and adopted by the Senate on June 19, 2005,on page 6, line 36, after "favor of" delete the remainder of the lineand at the beginning of line 37, delete "Joann Hernandez" and insert"Allstate Insurance Company"
AMENDMENT NO. 19
In Senate Committee Amendment No. 47 proposed by the SenateCommittee on Finance and adopted by the Senate on June 19, 2005,on page 7, line 13, after "Hundred" delete the remainder of the line,and delete line 14 in its entirety and insert the following:
"Seventy-eight Thousand Thirty-three and 82/100 ($178,033.82)Dollars, plus interest from March 31, 2001 until paid, plus costs, ishereby appropriated out of the General Fund of the state of"
AMENDMENT NO. 20In Senate Committee Amendment No. 53 proposed by the SenateCommittee on Finance and adopted by the Senate on June 19, 2005,on page 8, delete lines 3 through 9 in their entirety.
AMENDMENT NO. 21In Senate Committee Amendment No. 53 proposed by the SenateCommittee on Finance and adopted by the Senate on June 19, 2005,on page 8, delete line 10 in its entirety and insert the following:
"(2) The sum of Thirty Thousand and No/100 ($30,000.00)Dollars is hereby"
AMENDMENT NO. 22In Senate Committee Amendment No. 53 proposed by the SenateCommittee on Finance and adopted by the Senate on June 19, 2005,on page 8, at the beginning of line 16, change "(4)" to "(3)"
AMENDMENT NO. 23In Senate Committee Amendment No. 59 proposed by the SenateCommittee on Finance and adopted by the Senate on June 19, 2005,on page 9, delete line 1 in its entirety and insert "On page 2, betweenlines 23 and 24, insert the following"
AMENDMENT NO. 24In Senate Committee Amendment No. 60 proposed by the SenateCommittee on Finance and adopted by the Senate on June 19, 2005,on page 9, delete lines 6 and 7 in their entirety and insert "On page7, between lines 33 and 34, insert the following"
AMENDMENT NO. 25In Senate Committee Amendment No. 60 proposed by the SenateCommittee on Finance and adopted by the Senate on June 19, 2005,on page 9, delete line 12 in its entirety and insert:
"AMENDMENT NO. 60.A.On page 8, between lines 11 and 12, insert the following"
AMENDMENT NO. 26In Senate Committee Amendment No. 64 proposed by the SenateCommittee on Finance and adopted by the Senate on June 19, 2005,on page 9, line 36, change "$12,628,146" to "$12,682,146"
AMENDMENT NO. 27In Senate Committee Amendment No. 66 proposed by the SenateCommittee on Finance and adopted by the Senate on June 19, 2005,on page 10, at the end of line 1, insert a period "."
AMENDMENT NO. 28In Senate Committee Amendment No. 69 proposed by the SenateCommittee on Finance and adopted by the Senate on June 19, 2005,on page 10, at the end of line 21, before "satisfy" insert "be used to"
AMENDMENT NO. 29In Senate Committee Amendment No. 69 proposed by the SenateCommittee on Finance and adopted by the Senate on June 19, 2005,on page 10, line 24, after "to the" and before "Murphy" delete "casecaptioned" and insert "suit entitled"
AMENDMENT NO. 30In Senate Committee Amendment No. 69 proposed by the SenateCommittee on Finance and adopted by the Senate on June 19, 2005,on page 10, line 28, after "for the" change "State" to "state"
AMENDMENT NO. 31
Page 48 SENATE 35th DAY'S PROCEEDINGSJune 20, 2005In Senate Committee Amendment No. 69 proposed by the SenateCommittee on Finance and adopted by the Senate on June 19, 2005,on page 11, delete lines 10 through 32 in their entirety.
AMENDMENT NO. 32In Senate Committee Amendment No. 69 proposed by the SenateCommittee on Finance and adopted by the Senate on June 19, 2005,on page 11, line 33, change "Section 15." to "Section 13.", and after"any" and before "provisions" insert "other"
AMENDMENT NO. 33In Senate Committee Amendment No. 69 proposed by the SenateCommittee on Finance and adopted by the Senate on June 19, 2005,on page 11, line 34, after "made" delete the remainder of the line, anddelete lines 35 and 36 in their entirety, and insert the following:
"from the Comprehensive Capital Outlay Escrow Account frominterest earnings from the investment of general obligation bonds orfrom note proceeds. Such appropriations are deemed to be and shallconstitute the approval by the Joint Legislative Committee on theBudget for such projects."
AMENDMENT NO. 34In Senate Committee Amendment No. 69 proposed by the SenateCommittee on Finance and adopted by the Senate on June 19, 2005,on page 12, delete lines 39 and 40 in their entirety.
AMENDMENT NO. 35In Senate Committee Amendment No. 70 proposed by the SenateCommittee on Finance and adopted by the Senate on June 19, 2005,on page 12, at the end of line 42, change "Section 16." to "Section14."
AMENDMENT NO. 36On page 9, between lines 2 and 3, insert the following:
"Provided, however, that the specific allocations ofappropriations contained in Act 1 of the 2004 Regular Session of theLegislature requiring certain amounts to be expended for purposes ofproviding graduate scholarships for other race students pursuant tothe United States v. State of Louisiana Settlement Agreement arehereby deemed to be null, void, and of no effect. Further provided,however, that of the State General Fund (Direct) appropriationscontained in Act 1 of the 2004 Regular Session of the Legislature forthis agency, $1,600,000 shall be allocated for the development andimplementation of programs at Grambling State University to satisfythe requirements of the United States v. State of Louisiana SettlementAgreement and $200,000 shall be used to satisfy such requirementsas determined by the University of Louisiana Board of Supervisors.The board shall also determine the allocation to be expended for eachprogram within Grambling State University."
AMENDMENT NO. 37On page 11, between lines 34 and 35, insert the following:
"Payable out of the State General Fund (Direct)for deposit into the Louisiana Medical Assistance Trust Fund for the Office of Mental Health for operating costsand the restoration of positions $500,000"
AMENDMENT NO. 38On page 11, line 41, after "sum of" and before "Hundred" change"Fourteen Million Five" to "Eight Million Six"
AMENDMENT NO. 39On page 11, at the beginning of line 42, change "($14,500,000.00)"to "($8,600,000.00)"
AMENDMENT NO. 40On page 13, between lines 34 and 35, insert the following:
"(3) The sum of Five Thousand and No/100($5,000.00) ishereby appropriated out of the General Fund of the state of Louisianafor Fiscal Year 2004-2005 to be used to pay the consent judgmententitled "Charles V. and Kasey Bryant v. Lincoln General InsuranceCompany, Bobby Fryar Trucking Company, Inc., Travis B. Walker,
Sandra Swarthout, Sentry Select Insurance Company, the State ofLouisiana through the Department of Public Safety and Corrections,and the State of Louisiana through the Department of Transportationand Development", bearing Number 58,203, Division "C", on thedocket of the Eighteenth Judicial District Court, Parish of Iberville."
On motion of Senator Heitmeier, the amendments were adopted.
Floor Amendments Sent UpSenator N. Gautreaux sent up floor amendments which were
read.
SENATE FLOOR AMENDMENTS
Amendments proposed by Senator N. Gautreaux to ReengrossedHouse Bill No. 842 by Representative Alario
AMENDMENT NO.1Delete Senate Committee Amendments Nos. 4 and 24, proposed bythe Senate Committee on Finance and adopted by the Senate on June19, 2005
AMENDMENT NO. 2On page 3, delete lines 26 through 31, in their entirety
AMENDMENT NO. 3On page 10, at the end of line 39 delete "$19,300,000" and insert"$17,400,000"
AMENDMENT NO. 4On page 11, delete 1 and 2, in their entirety
AMENDMENT NO. 5On page 4, between lines 32 and 33, insert the following:
"Payable out of the State General Fund (Direct)to the Uncompensated Care Costs Programfor Rural Hospitals to be divided as designated in the Louisiana Rural Hospital Preservation Act $4,600,000"
MotionSenator Heitmeier moved to table the amendment.
Senator N. Gautreaux objected.
ROLL CALLThe roll was called with the following result:
YEAS
Bajoie Fontenot McPhersonBoasso Heitmeier MountBroome Hollis MurrayCheek Jackson SchedlerDardenne Jones ShepherdDuplessis Kostelka UlloDupre LentiniFields Malone Total - 22
NAYS
Adley Cravins NeversAmedee Gautreaux B RomeroBarham Gautreaux N SmithCain Marionneaux TheunissenChaisson Michot Total - 14
ABSENT
Mr. President Ellington Total - 2
35th DAY'S PROCEEDINGS Page 49 SENATEJune 20, 2005
The Chair declared the amendment was tabled.
The bill was read by title. Senator Heitmeier moved the finalpassage of the amended bill.
ROLL CALLThe roll was called with the following result:
YEAS
Mr. President Ellington McPhersonAdley Fields MichotAmedee Fontenot MountBajoie Gautreaux B MurrayBarham Gautreaux N NeversBoasso Heitmeier RomeroBroome Hollis SchedlerCain Jackson ShepherdChaisson Jones SmithCheek Kostelka TheunissenCravins Lentini UlloDuplessis MaloneDupre Marionneaux Total - 37
NAYS
Total - 0ABSENT
Dardenne Total - 1
The Chair declared the amended bill was passed. The title wasread and adopted. Senator Heitmeier moved to reconsider the voteby which the bill was passed and laid the motion on the table.
Called from the CalendarSenator Heitmeier asked that House Bill No. 461 be called from
the Calendar at this time for its final passage.
HOUSE BILL NO. 461—BY REPRESENTATIVES ALARIO AND TRICHE
AN ACTTo enact R.S. 39:1496.1(E)(3)(c) and to repeal R.S. 17:2008, relative
to certain state funds; to provide for the transfer of certainmonies to the Louisiana Medical Assistance Trust Fund; toestablish the Energy Performance Contracting Fund as a specialfund in the state treasury; to repeal the Vocational-TechnicalEnterprise Fund; to provide an effective date; and to provide forrelated matters.
Floor Amendments Sent UpSenator Heitmeier sent up floor amendments which were read.
SENATE FLOOR AMENDMENTS
Amendments proposed by Senator Heitmeier to Reengrossed HouseBill No. 461 by Representative Alario
AMENDMENT NO.1In Senate Committee Amendment No. 2, proposed by the SenateCommittee on Finance and adopted by the Senate on June 18, 2005,on page 1, line 12, between "result" and "over" insert "of"
AMENDMENT NO. 2In Senate Committee Amendment No. 2, proposed by the SenateCommittee on Finance and adopted by the Senate on June 18, 2005,on page 1, line 33, change "Section ((B)" to "Section 9 (B)"
On motion of Senator Heitmeier, the amendments were adopted.
Floor Amendments Sent UpSenator Ellington sent up floor amendments which were read.
SENATE FLOOR AMENDMENTS
Amendments proposed by Senators Ellington, Hines, Adley,Amedee, Barham, Boasso, Broome, Cain, Chaisson, Cheek, Cravins,Duplessis, Dupre, Fontenot, N. Gautreaux, Hollis, Jackson, Jones,Kostelka, Malone, Marionneaux, Michot, Murray, Nevers, Romero,Schedler, Shepherd, Smith and Theunissen to Reengrossed HouseBill No. 842 by Representative Alario
AMENDMENT NO.1Delete Senate Floor Amendment No. 5 proposed by SenatorEllington and adopted by the Senate on June 20, 2005
AMENDMENT NO. 2On page 27, between lines 23 and 24, insert the following:
"Section 10.
Payable out of State General Fund (Direct) to the TEACH Fund $10,800,000
Section 11.
Payable out of the State General Fund by Statutory Dedications out of the TEACH Fund to the School and Community Support Program for a pay increase, including related benefits, for certain certificated personnel, in the event that House Bill No. 461 of the 2005 Regular Session of the Legislature, which establishes the TEACH Fund, is enacted into law $12,500,000
Provided, however, that of the State General Fund by StatutoryDedications out of the TEACH Fund appropriated herein,$10,350,000 shall be allocated to provide a one- time salaryadjustment of $530 unless the State Board of Elementary andSecondary Education implements this funding or the legislatureappropriates this funding in Fiscal Year 2006-2007including relatedbenefits, to certificated personnel in those public school districts whowould not have otherwise received the average $530 pay increasepursuant to Senate Concurrent Resolution No. 125 of the 2005Regular Session of the Louisiana Legislature. In the event thatSenate Concurrent Resolution No. 125 of the 2005 Regular Sessionof the Louisiana Legislature is not approved by the Legislature, andthe Minimum Foundation Program reverts to the formula prescribedby Senate Concurrent Resolution No. 122 of the 2004 RegularSession of the Louisiana Legislature, then the Department ofEducation shall distribute these funds accordingly.
Provided, further, that of the State General Fund by StatutoryDedications out of the TEACH Fund appropriated herein, $450,000shall be allocated to provide a uniform one- time salary supplementunless the Legislature appropriates the funding in the 2006-2007Fiscal Year of $530, including related benefits, to certificatedpersonnel in the following entities: the LSU University LaboratorySchool; the Southern University Laboratory School; Type 2 CharterSchools; Type 5 Charter Schools; the Louisiana School for theVisually Impaired; the Louisiana School for the Deaf; the LouisianaSpecial Education Center; the Louisiana School for Math, Scienceand the Arts; the New Orleans Center for the Creative Arts-Riverfront; Special School Districts; and the Department of PublicSafety and Corrections, Office of Youth Development.
Further, in the event that the official Fiscal Year 2005-2006 RevenueEstimating Conference forecast adopted after July 1, 2005, exceedsthe official Fiscal Year 2005-2006 Revenue Estimating Conferenceforecast adopted on May 15, 2005, the initial $12,500,000 in excessrevenues recognized shall be dedicated as noted to acceleratingpayoff of the Unfunded Accrued Liability for the following: the
Page 50 SENATE 35th DAY'S PROCEEDINGSJune 20, 2005Louisiana State Employees Retirement System, $4,700,000; and theTeachers’ Retirement System of Louisiana, $7,800,000.”
On motion of Senator Ellington, the amendments were adopted.
The bill was read by title. Senator Heitmeier moved the finalpassage of the amended bill.
ROLL CALLThe roll was called with the following result:
YEAS
Mr. President Dupre MarionneauxAdley Ellington McPhersonAmedee Fields MichotBajoie Fontenot MountBarham Gautreaux B MurrayBoasso Gautreaux N NeversBroome Heitmeier RomeroCain Hollis SchedlerChaisson Jackson ShepherdCheek Jones SmithCravins Kostelka TheunissenDardenne Lentini UlloDuplessis Malone Total - 38
NAYS
Total - 0ABSENT
Total - 0
The Chair declared the amended bill was passed. The title wasread and adopted. Senator Heitmeier moved to reconsider the voteby which the bill was passed and laid the motion on the table.
Called from the CalendarSenator Murray asked that House Bill No. 799 be called from
the Calendar at this time for its final passage.
HOUSE BILL NO. 799—BY REPRESENTATIVE RICHMOND
AN ACTTo amend and reenact R.S. 14:90.3(F) and R.S. 27:3(14), (16), and
(18), 27.1(C)(introductory paragraph), 29.2(B) and (D), 29.3(A)and (D), and 29.4(D) and to enact Chapter 9 of Title 27 of theLouisiana Revised Statutes of 1950, to be comprised of R.S.27:501 through 536, relative to slot machine gaming at theeligible airport facility; to enact the New Orleans AirportFacility and Operation Economic Redevelopment and GamingControl Act; to provide for applicability; to provide fordefinitions; to declare public policy; to provide for proceduresfor licensing of gaming at the eligible airport facility; to providesuitability criteria and conditions for licensing; to provideconditions with respect to licensing; to provide criteria for theslot machine gaming facility in the eligible airport facility; toprovide for the powers and duties of the Louisiana GamingControl Board; to provide for the powers and duties of thegaming division, office of state police; to provide limitations onthe designated gaming area; to prohibit certain relationships; toprovide for certain crimes; to provide for penalties; to providefor appeals; to provide for the calling and conducting of anelection regarding slot machine gaming; to provide forassistance for compulsive or problem gambling; to provide thatthe provisions of law regarding the uniform and compulsiveproblem gambling program and permits for nongamingsuppliers, key and non-key gaming employees apply to licenseesfor eligible airport facility gaming; to authorize an airportauthority tax; to provide for the allocation of funds from that
tax; to provide with respect to the power of the airport authority;and to provide for related matters.
Floor Amendments Sent UpSenator Lentini sent up floor amendments which were read.
SENATE FLOOR AMENDMENTS
Amendments proposed by Senator Lentini to Reengrossed House BillNo. 799 by Representative Richmond
AMENDMENT NO.1On page 17, line 26, after "approved" insert "by both a majority ofthe votes cast in Jefferson and also a majority of the votes cast in thecity of Kenner"
On motion of Senator Lentini, the amendments were adopted.
Floor Amendments Sent UpSenator Chaisson sent up floor amendments which were read.
SENATE FLOOR AMENDMENTS
Amendments proposed by Senator Chaisson to Reengrossed HouseBill No. 799 by Representative Richmond
AMENDMENT NO.1On page 21, line 17 change "One-third" to "One-sixth"
AMENDMENT NO. 2
In Senate Committee Amendment No. 20, proposed by the SenateCommittee on Judiciary B and adopted by the Senate on June 14,2005, on page 2 between lines 24 and 15 insert the following:
"(e) One-sixth to go to the St. Charles Parish governing authorityto be distributed by the St. Charles Parish governing authority."
On motion of Senator Chaisson, the amendments were adopted.
The bill was read by title. Senator Murray moved the finalpassage of the amended bill.
ROLL CALLThe roll was called with the following result:
YEAS
Mr. President Duplessis MurrayBajoie Heitmeier UlloCravins Jones Total - 8
NAYS
Adley Fields McPhersonAmedee Fontenot MichotBarham Gautreaux B MountBoasso Gautreaux N NeversCain Hollis RomeroChaisson Jackson SchedlerCheek Kostelka ShepherdDardenne Lentini SmithDupre Malone TheunissenEllington Marionneaux Total - 29
ABSENT
Broome Total - 1
The Chair declared the amended bill failed to pass.
35th DAY'S PROCEEDINGS Page 51 SENATEJune 20, 2005
Notice of ReconsiderationSenator Murray, pursuant to Senate Rule Number 11.12, gave
notice that before the expiration of the Morning Hour of the nextsucceeding legislative day of the Senate, he would move toreconsider the vote by which the bill failed to pass.
Personal PrivilegeSenator Broome asked for and obtained the floor of the Senate
on a point of personal privilege, and stated she appeared as absent onthe vote on House Bill No. 799. She had attempted to vote nay on thebill but her vote was not recorded. She asked that the Official Journalso state.
Called from the CalendarSenator Cravins asked that House Bill No. 188 be called from
the Calendar at this time for its final passage.
HOUSE BILL NO. 188—BY REPRESENTATIVE LAFLEUR
AN ACTTo amend and reenact R.S. 22:622.2, relative to automobile liability
insurance; to provide for coverage; to provide for prohibitionson limitations; to provide for public policy; and to provide forrelated matters.
The bill was read by title. Senator Cravins moved the finalpassage of the bill.
ROLL CALLThe roll was called with the following result:
YEAS
Mr. President Dupre MarionneauxAdley Ellington McPhersonAmedee Fields MichotBajoie Fontenot MountBarham Gautreaux B MurrayBoasso Gautreaux N NeversBroome Heitmeier RomeroCain Hollis SchedlerChaisson Jackson ShepherdCheek Jones SmithCravins Kostelka TheunissenDardenne Lentini UlloDuplessis Malone Total - 38
NAYS
Total - 0ABSENT
Total - 0
The Chair declared the bill was passed. The title was read andadopted. Senator Cravins moved to reconsider the vote by which thebill was passed and laid the motion on the table.
Called from the CalendarSenator Boasso asked that House Bill No. 750 be called from the
Calendar at this time for its final passage.
HOUSE BILL NO. 750—BY REPRESENTATIVE HUTTER
AN ACTTo enact Code of Civil Procedure Article 4921.1, relative to justice
of the peace courts, to provide for the prosecution or defense ofactions; to provide for scheduling matters for trial; to provide forabandonment; and to provide for related matters.
The bill was read by title. Senator Boasso moved the finalpassage of the bill.
ROLL CALLThe roll was called with the following result:
YEAS
Mr. President Dupre McPhersonAdley Ellington MichotAmedee Fields MountBajoie Fontenot MurrayBarham Gautreaux B NeversBoasso Gautreaux N RomeroBroome Heitmeier SchedlerCain Hollis ShepherdChaisson Jackson SmithCheek Jones TheunissenCravins Kostelka UlloDardenne MaloneDuplessis Marionneaux Total - 37
NAYS
Lentini Total - 1
ABSENT
Total - 0
The Chair declared the bill was passed. The title was read andadopted. Senator Boasso moved to reconsider the vote by which thebill was passed and laid the motion on the table.
Called from the CalendarSenator Adley asked that House Bill No. 279 be called from the
Calendar at this time for its final passage.
HOUSE BILL NO. 279—BY REPRESENTATIVE BAYLOR
AN ACTTo repeal R.S. 32:143.2(C), relative to unauthorized use of private
driveways, highways, and public rights-of-way; to repeal thetermination date of provisions relative to blocking privatedriveways, highways, and public rights-of-way.
The bill was read by title. Senator Adley moved the finalpassage of the bill.
ROLL CALLThe roll was called with the following result:
YEAS
Mr. President Cravins JonesAdley Duplessis LentiniBajoie Dupre MarionneauxBarham Ellington NeversBroome Gautreaux B RomeroCain Heitmeier SchedlerChaisson Hollis SmithCheek Jackson Ullo Total - 24
NAYS
Amedee Fontenot MountBoasso Gautreaux N MurrayDardenne Malone ShepherdFields Michot Theunissen Total - 12
ABSENT
Page 52 SENATE 35th DAY'S PROCEEDINGSJune 20, 2005Kostelka McPherson Total - 2
The Chair declared the bill was passed. The title was read andadopted. Senator Adley moved to reconsider the vote by which thebill was passed and laid the motion on the table.
Rules SuspendedSenator Ullo asked for and obtained a suspension of the rules for
the purpose of reverting to the Morning Hour.
Messages from the HouseThe following Messages from the House were received and read
as follows:
Message from the HousePASSED SENATE BILLS AND
JOINT RESOLUTIONS
June 20, 2005
To the Honorable President and Members of the Senate:
I am directed to inform your honorable body that the House ofRepresentatives has finally passed the following Senate Bills andJoint Resolutions:
SENATE BILL NO. 73—BY SENATOR N. GAUTREAUX
AN ACTTo provide for the taking of income and franchise tax credits for
donations to certain playgrounds or recreational areas onamended returns; and to provide for related matters.
Reported without amendments.
SENATE BILL NO. 4—BY SENATOR B. GAUTREAUX
AN ACTTo enact R.S. 12:204.2, relative to nonprofit corporations; to provide
with respect to the naming of certain nonprofit corporations; toauthorize the use of "parish" in the name of a nonprofitcorporation under certain circumstances; to provide limitations;to provide for an effective date; and to provide for relatedmatters.
Reported without amendments.
SENATE BILL NO. 328—BY SENATOR JONES AND REPRESENTATIVE THOMPSON
AN ACTTo enact R.S. 33:2740.51(M), (N), (O), and (P), and to repeal R.S.
33:2740.51(H), relative to the Southside EconomicDevelopment District of the City of Monroe; to provide theboard the authority for tax financing by the district; to providefor its termination; and to provide for related matters.
Reported without amendments.
SENATE BILL NO. 325—BY SENATOR JONES AND REPRESENTATIVE THOMPSON
AN ACTTo enact R.S. 33:2740.49(H), (I), and (J), relative to special districts;
to provide to the Downtown Economic Development District ofthe City of Monroe the authority for tax increment financing bythe city, subject to the approval of district voters; to provide foran effective date; and to provide for related matters.
Reported without amendments.
SENATE BILL NO. 320—BY SENATORS HEITMEIER AND MURRAY AND REPRESENTATIVESTOOMY AND MORRELL
AN ACTTo amend and reenact R.S. 16:51(A)(6), (9), (12), (35), and (38),
relative to assistant district attorneys; to provide for additionalassistant district attorneys for certain judicial districts; toprovide for an effective date conditioned upon funding out ofthe State General Fund; and to provide for related matters.
Reported without amendments.
SENATE BILL NO. 214—BY SENATORS BARHAM AND CRAVINS AND REPRESENTATIVESHILL AND WALSWORTH
AN ACTTo amend and reenact R.S. 17:24.4(F)(3), relative to alternative
assessments for students with certain disabilities; to require theDepartment of Education with the approval of the State Boardof Elementary and Secondary Education to provide alternativeassessments for students with persistent academic disabilities;to provide for minimum accommodations; and to provide forrelated matters.
Reported without amendments.
SENATE BILL NO. 223—BY SENATOR HOLLIS
AN ACTTo amend and reenact R.S. 12:901(A), 902, 904, 911(B), and 914,
relative to professional medical corporations; to provide for theinclusion of the practice of podiatry in a professional medicalcorporation; and to provide for related matters.
Reported without amendments.
SENATE BILL NO. 197—BY SENATOR BAJOIE
AN ACTTo enact R.S. 18:425(A)(3) and 1363(G), relative to election officials
and voting machines; to provide for the allocation of additionalcommissioners and voting machines in case of overcrowdedprecincts; to provide for an effective date; and to provide forrelated matters.
Reported with amendments.
SENATE BILL NO. 215—BY SENATOR BARHAM
AN ACTTo enact Chapter 5-N of Title 25 of the Louisiana Revised Statutes
of 1950, to be comprised of R.S. 25:380.111 through 380.116,and R.S. 36:744(Y) and 801.18, to create the Aviation andMilitary Museum of Louisiana, Inc., in the Department of State;to provide relative to the governing authority of the museumincluding its composition, powers, duties, responsibilities,meetings, and officers; to provide for the adoption of rules andregulations and fees; to provide for receipt and use of funds andproperty; to provide relative to the authority of the secretary ofstate with respect to the museum; to provide relative topersonnel and budgets of the museum; and to provide for relatedmatters.
Reported with amendments.
SENATE BILL NO. 141—BY SENATORS ROMERO, HINES, CAIN, CRAVINS, DUPRE, B.GAUTREAUX, N. GAUTREAUX, MICHOT, MOUNT AND THEUNISSEN
AN ACTTo amend and reenact R.S. 32:387.7(B), relative to special permits;
to provide for trucks hauling sugarcane; to extend the issuanceof special permits to owners or operators of vehicles haulingsugarcane who have not added an additional single axle to theirsugarcane trailers to August 1, 2010; and to provide for relatedmatters.
Reported with amendments.
35th DAY'S PROCEEDINGS Page 53 SENATEJune 20, 2005
SENATE BILL NO. 243—BY SENATOR MOUNT
AN ACTTo amend and reenact Children's Code Art. 603(14), relative to a
child in need of care; to provide with respect to the definition ofneglect; and to provide for related matters.
Reported with amendments.
SENATE BILL NO. 193—BY SENATOR FIELDS
AN ACTTo amend and reenact R.S. 47:115(A)(3)and (C) and 1624 (A),
relative to individual income tax; to provide for the payment ofinterest on credited overpayments; and to provide for relatedmatters.
Reported with amendments.
SENATE BILL NO. 246—BY SENATOR DUPLESSIS
AN ACTTo enact R.S. 51:1787(A)(2)(d) and (C)(2)(c), relative to Enterprise
Zones; to provide for tax credits for rubber manufacturing; toprovide for an effective date; and to provide for related matters.
Reported with amendments.
SENATE BILL NO. 264—BY SENATOR JONES
AN ACTTo amend and reenact R.S. 17:427.4 and to enact R.S. 17:427.5,
relative to public schools and school children; to benefit schoolsand children by encouraging the availability of certifiedteachers; to provide for programs designed to provide incentivesfor certified classroom teachers to work in certain schools indisadvantaged geographical areas; and to provide for relatedmatters.
Reported with amendments.
SENATE BILL NO. 266—BY SENATOR JONES
AN ACTTo amend and reenact R.S. 51:1037 and to enact R.S. 51:1032(A)(8)
and Part IV of Chapter 4-B of Title 51 of the Louisiana RevisedStatutes of 1950, to be comprised of R.S. 51:1045.1 through1045.3, relative to poverty; to provide legislative findings; toprovide for annual reports on the Strategic Plan to CombatPoverty; to provide for the coordination and implementation ofthe recommendations of the Governor's Summit on Solutions toPoverty; and to provide for related matters.
Reported with amendments.
SENATE BILL NO. 121—BY SENATOR CHEEK
AN ACTTo enact R.S. 40:1502.15, relative to fire protection districts; to
authorize the governing authority of such districts located withincertain parishes to assess and collect a service charge or rates ofservice charges on each residential or commercial structurewithin the boundaries of the district; to provide for adoption ofa resolution by the governing authority of the district; to providefor approval by a majority of electors of the district voting at anelection held for that purpose; to provide for the use of suchrevenues; to provide for an effective date; and to provide forrelated matters.
Reported with amendments.
SENATE BILL NO. 273—BY SENATOR MCPHERSON
AN ACTTo amend and reenact R.S. 27:28(H)(1) and to enact R.S.
27:28(H)(3), relative to the Louisiana Gaming Control Law; toprovide with respect to suitability standards; to provide for anappeal process for a person found by the board to exercisesignificant influence over a licensee, permittee, or casinogaming operator; to provide for procedures for filing suchappeal; to provide for a procedure for taking administrativeaction against a licensee, permittee, or casino gaming operatorassociated with a person found to be unsuitable; and to providefor related matters.
Reported with amendments.
SENATE BILL NO. 297—BY SENATOR DUPLESSIS
AN ACTTo enact R.S. 33:2742.62, relative to non-profit corporations and
associations; to provide for the levy of a fee to compensate forvarious governmental services provided to tax exempt propertyof certain nonprofit corporations and associations; to provide aprocess for the annual review of requests for exemption from advalorem taxation on certain property owned or leased bynonprofit corporations or associations; and to provide for relatedmatters.
Reported with amendments.
SENATE BILL NO. 351—BY SENATOR NEVERS
AN ACTTo enact R.S. 47:287.759, relative to tax credits; to provide certain
tax credits to certain contractors and subcontractors who providecertain insurance; and to provide for related matters.
Reported with amendments.
SENATE BILL NO. 353— (Substitute of Senate Bill No. 207 bySenator Lentini)
BY SENATOR LENTINI AN ACT
To amend and reenact R.S. 48:390(A) and (B), to enact R.S.44:4.1(B)(36) and R.S. 48:389.2 and 390.1, and to repeal R.S.48:390(C), (D) and (E), relative to railroads; to provide forrailroad safety; to require notification of any train derailment tolocal authorities; to provide relative to railroad grade crossings;to provide relative to such crossings which are located on roadsnot maintained by the state; to authorize the Department ofTransportation and Development to evaluate such crossings; toprovide relative to railroad grade crossing closures on suchroads determined to be necessary by the department; and toprovide for related matters.
Reported with amendments.
SENATE BILL NO. 318—BY SENATOR JONES
AN ACTTo amend and reenact R.S. 14:403.3(D) and R.S. 15:538(D)(2), (3),
(4), and (5), 541(14.1) and 542.1(L)(2), and to enact R.S.14:403(E) and R.S. 15:538(D)(6) and (E), (F), and (G), 542(G)and (H), 542.1(N) and 549(H) and Chapter 24-B of Title 40 ofthe Louisiana Revised Statutes of 1950, to be comprised of R.S.40:2525, relative to criminal offenses against persons; to providefor false reports or communications concerning the Amber AlertSystem; to require the Department of Public Safety andCorrections or the Louisiana Bureau of Criminal Identificationand Information to approve the residence location and livingarrangements of the sexual offender; to provide for thedefinition of sex offense; to provide for additional conditions ofprobation and parole in certain cases; to provide for verificationof sexual offender registration; to provide that it is a criminaloffense to hide or harbor a sex offender, child predator, orsexually violent predator, or to fail to notify or to provide false
Page 54 SENATE 35th DAY'S PROCEEDINGSJune 20, 2005
information about such offender or predator to law enforcementofficials; to provide for penalties; to provide for notificationrequirements for child predators or sexually violent predators;to provide for a pre-Amber Alert action plan; to provide for theuse of certain technology; and to provide for related matters.
Reported with amendments.
SENATE BILL NO. 89—BY SENATORS NEVERS AND MARIONNEAUX
A JOINT RESOLUTIONProposing to amend Article VII, Section 18(G)(1)(a)(i) and (iii) and
(2)(a) and add Article VII, Section 18(G)(1)(a)(iv) of theConstitution of Louisiana, relative to ad valorem property tax;to provide for a special assessment level for certain deaths,disabilities, and other hazards of the military; to provide forcertification of eligibility; and to specify an election forsubmission of the proposition to electors and provide a ballotproposition.
Reported with amendments.
SENATE BILL NO. 57—BY SENATORS DUPLESSIS AND MURRAY AND REPRESENTATIVEGRAY
AN ACTTo enact Part XIII of Chapter 9 of Title 23 of the Louisiana Revised
Statues of 1950, to be comprised of R.S. 23:1018.1 and 1018.2,relative to employment; to provide with respect to the federalEarned Income Tax Credit and the Advance Earned IncomeCredit; to require employers to inform new employees of thefederal Earned Income Tax Credit and the Advance EarnedIncome Credit at the time of hire; and to provide for relatedmatters.
Reported with amendments.
SENATE BILL NO. 51—BY SENATORS CHEEK AND BAJOIE
AN ACTTo amend and reenact R.S. 33:1981(C)(1) and 2201(C)(1), relative
to certain payments made to survivors of certain firstresponders; to increase the amount of payments provided asfinancial security to the surviving spouse or parents of firemenand law enforcement officers in certain cases; and to provide forrelated matters.
Reported with amendments.
SENATE BILL NO. 155—BY SENATOR CHAISSON
AN ACTTo amend and reenact R.S. 46:1408(A) and (B), 1409(A),
(B)(introductory paragraph) and (D), 1417, and 1419, relative tomulti-year licenses for child care facilities and child placingagencies; to provide for advice and consultation from the childcare committees; to provide for the promulgation of applicablerules; and to provide for related matters.
Reported with amendments.
SENATE BILL NO. 83—BY SENATORS N. GAUTREAUX AND CRAVINS
AN ACTTo enact Chapter 27-C of Title 33 of the Louisiana Revised Statute
of 1950, to be comprised of R.S. 33:9039.40, relative to thepublic housing rehabilitation program for low income andelderly residents of the parishes of Acadia, Lafayette, St. Landryand Vermilion; and to create the Southwest Acadiana ParishesPublic Housing Rehabilitation District; to provide relative to thepurposes, governance, duties and authority of the commission;to authorize the commission to levy and collect any other taxes;to authorize the refund of local sales and use taxes, subject tothe approval of district voters; to provide for an effective date;and to provide for related matters.
Reported with amendments.
SENATE BILL NO. 97—BY SENATOR CRAVINS
AN ACTTo enact R.S. 33:221.4, relative to St. Landry Parish; to provide for
municipal annexation; to provide with regard to special servicedistricts and contracts, taxes, and services related thereto; toprovide for an effective date; and to provide for related matters.
Reported with amendments.
SENATE BILL NO. 124—BY SENATOR CHEEK
AN ACTTo amend and reenact R.S. 17:1519.6(C) and R.S. 40:2018.1(G),
relative to the Department of Health and Hospitals; to providewith respect to Medicaid and the disproportionate share paymentmethodology; to provide with respect to the time period forimplementing a new methodology; to extend the terminationdate of the Louisiana Commission on HIV, AIDS and HepatitisC; and to provide for related matters.
Reported with amendments.
SENATE BILL NO. 259—BY SENATORS KOSTELKA, BARHAM, DUPLESSIS AND MICHOT ANDREPRESENTATIVES JACKSON, BURNS AND ROBIDEAUX
AN ACTTo amend and reenact R.S. 47:287.93(B), relative to the corporation
income tax; to provide for an allocation of the deduction forinterest expense applicable to investments which produceallocable income; and to provide for related matters.
Reported with amendments.
SENATE BILL NO. 311—BY SENATOR BOASSO AND REPRESENTATIVE TUCKER
AN ACTTo enact Chapter 12-A of Title 51 of the Louisiana Revised Statutes
of 1950, to be comprised of R.S. 51:1370 through 1377, allrelative to waterways infrastructure and development; to createthe Louisiana Waterways Infrastructure and Development Fundand the Louisiana Waterways Infrastructure Development Bank;to provide funding for waterways and infrastructuredevelopment from various sources; to provide for an effectivedate; and to provide for related matters.
Reported with amendments.
Respectfully submitted,ALFRED W. SPEER
Clerk of the House of Representatives
Message from the HouseHOUSE CONFEREES APPOINTED
June 20, 2005
To the Honorable President and Members of the Senate:
I am directed to inform your honorable body that the Speaker ofthe House of Representatives has appointed the following members,on the part of the House of Representatives, to confer, with a likecommittee from the Senate, on the disagreement to Senate Bill No.135 by Senator Dardenne:
Representatives Schneider, Bruneau and Triche.
Respectfully submitted,ALFRED W. SPEER
Clerk of the House of Representatives
35th DAY'S PROCEEDINGS Page 55 SENATEJune 20, 2005
Message from the HouseHOUSE CONFEREES APPOINTED
June 20, 2005
To the Honorable President and Members of the Senate:
I am directed to inform your honorable body that the Speaker ofthe House of Representatives has appointed the following members,on the part of the House of Representatives, to confer, with a likecommittee from the Senate, on the disagreement to Senate Bill No.185 by Senator Cravins:
Representatives Salter, Alario and DeWitt.
Respectfully submitted,ALFRED W. SPEER
Clerk of the House of Representatives
Message from the HouseHOUSE CONFEREES APPOINTED
June 20, 2005
To the Honorable President and Members of the Senate:
I am directed to inform your honorable body that the Speaker ofthe House of Representatives has appointed the following members,on the part of the House of Representatives, to confer, with a likecommittee from the Senate, on the disagreement to Senate Bill No.24 by Senator Cain:
Representatives LaFleur, Martiny and Townsend.
Respectfully submitted,ALFRED W. SPEER
Clerk of the House of Representatives
Message from the HouseHOUSE CONFEREES APPOINTED
June 20, 2005
To the Honorable President and Members of the Senate:
I am directed to inform your honorable body that the Speaker ofthe House of Representatives has appointed the following members,on the part of the House of Representatives, to confer, with a likecommittee from the Senate, on the disagreement to Senate Bill No.6 by Senator Adley:
Representatives Montgomery, Quezaire and Hopkins.
Respectfully submitted,ALFRED W. SPEER
Clerk of the House of Representatives
Message from the HouseHOUSE CONFEREES APPOINTED
June 20, 2005
To the Honorable President and Members of the Senate:
I am directed to inform your honorable body that the Speaker ofthe House of Representatives has appointed the following members,on the part of the House of Representatives, to confer, with a likecommittee from the Senate, on the disagreement to Senate Bill No.256 by Senator Mount:
Representatives Hammett, Crane and Montgomery.
Respectfully submitted,ALFRED W. SPEER
Clerk of the House of Representatives
Introduction of Resolutions,Senate and Concurrent
Senator Bajoie asked for and obtained a suspension of the rulesfor the purpose of introducing and reading the following Resolutions,Senate and Concurrent, a first and second time and acting upon themas follows:
SENATE RESOLUTION NO. 151—BY SENATORS BARHAM AND SMITH
A RESOLUTIONTo commend and congratulate Bud Mapes for fifty years of service
as a lobbyist.
On motion of Senator Barham, the resolution was read by titleand adopted.
SENATE RESOLUTION NO. 152—BY SENATOR MARIONNEAUX
A RESOLUTIONTo express the sincere and heartfelt condolences of the Senate of the
Legislature of Louisiana to the family of United States ArmyNational Guard Sergeant David J. Murray upon his death fromwounds suffered in combat operations in Operation IraqiFreedom.
The resolution was read by title; lies over under the rules.
SENATE CONCURRENT RESOLUTION NO. 135—BY SENATOR MURRAY
A CONCURRENT RESOLUTIONTo urge and request that the Judiciary Budgetary Control Board
continue funding the Orleans Parish Juvenile Court's ProtectionCare and Monitoring Program from monies appropriated forsuch purpose by the legislature.
The resolution was read by title. Senator Murray moved toadopt the Senate Concurrent Resolution.
ROLL CALLThe roll was called with the following result:
YEAS
Mr. President Dupre MarionneauxAdley Ellington McPhersonAmedee Fields MichotBajoie Fontenot MountBarham Gautreaux B MurrayBoasso Gautreaux N NeversBroome Heitmeier RomeroCain Hollis SchedlerChaisson Jackson ShepherdCheek Jones SmithCravins Kostelka TheunissenDardenne Lentini UlloDuplessis Malone Total - 38
NAYS
Total - 0ABSENT
Total - 0
The Chair declared the Senate had adopted the SenateConcurrent Resolution and ordered it sent to the House.
Page 56 SENATE 35th DAY'S PROCEEDINGSJune 20, 2005
Rules SuspendedSenator Dardenne asked for and obtained a suspension of the
rules for the purpose of recalling House Concurrent Resolution No.168 from the Committee on Commerce, Consumer Protection, andInternational Affairs.
HOUSE CONCURRENT RESOLUTION NO. 168—BY REPRESENTATIVE DANIEL
A CONCURRENT RESOLUTIONTo commend the Republic of China (Taiwan) for its close economic
and business ties with the state of Louisiana and to urge andrequest the president to direct the United States TradeRepresentative to negotiate a free trade agreement between theUnited States and Taiwan.
The resolution was read by title. Senator Dardenne moved toconcur in the House Concurrent Resolution.
ROLL CALLThe roll was called with the following result:
YEAS
Mr. President Dupre MarionneauxAdley Ellington McPhersonAmedee Fields MichotBajoie Fontenot MountBarham Gautreaux B MurrayBoasso Gautreaux N NeversBroome Heitmeier RomeroCain Hollis SchedlerChaisson Jackson ShepherdCheek Jones SmithCravins Kostelka TheunissenDardenne Lentini UlloDuplessis Malone Total - 38
NAYS
Total - 0ABSENT
Total - 0
The Chair declared the Senate had concurred in the HouseConcurrent Resolution, and ordered it returned to the House.
Message from the HouseSIGNED HOUSE CONCURRENT RESOLUTIONS
June 16, 2005
To the Honorable President and Members of the Senate:
I am directed to inform your honorable body that the Speaker ofthe House of Representatives has signed the following HouseConcurrent Resolutions:
HOUSE CONCURRENT RESOLUTION NO. 79—BY REPRESENTATIVE BRUCE
A CONCURRENT RESOLUTIONTo request the Louisiana Commission on Law Enforcement and
Administration of Criminal Justice to study whether juvenilecorrectional officers should be included in the definition of apeace officer for purposes of the Peace Officers Standards andTraining Law and to report its findings to the speaker of theHouse of Representatives and the president of the Senate nolater than February 1, 2006, and to create the JuvenileCorrectional Officers Task Force to assist in this study.
HOUSE CONCURRENT RESOLUTION NO. 96—BY REPRESENTATIVES DOERGE AND WALKER
A CONCURRENT RESOLUTIONTo direct the Louisiana Department of Social Services, bureau of
licensing, to promulgate rules and regulations to provide for thelicensing of after-school enrichment programs, pursuant toChapter 14 of Title 46 of the Louisiana Revised Statutes of1950.
HOUSE CONCURRENT RESOLUTION NO. 98—BY REPRESENTATIVE BADON
A CONCURRENT RESOLUTIONTo request the Louisiana Board of Pharmacy to study the feasibility
and effectiveness of implementing a prescription monitoringprogram for controlled dangerous substances and to report itsfindings to the speaker of the House of Representatives and thepresident of the Senate no later than February 1, 2006, and tocreate the Prescription Monitoring Program Task Force to assistin this study.
HOUSE CONCURRENT RESOLUTION NO. 128—BY REPRESENTATIVE M. POWELL AND SENATOR CHEEK
A CONCURRENT RESOLUTIONTo request the House Committee on Transportation, Highways and
Public Works and the Senate Committee on Transportation,Highways and Public Works to meet and function as a jointcommittee to study and make recommendations to thelegislature regarding the need for legislation to address the issueof aggressive driving.
HOUSE CONCURRENT RESOLUTION NO. 158—BY REPRESENTATIVE GALLOT
A CONCURRENT RESOLUTIONTo urge and request the Louisiana State Law Institute to study and
make recommendations to the legislature on the duties ofnotaries public with regard to registry and recordation of theiracts and the means by which the identification of notaries andwitnesses to their acts may be assured for the public benefitunder the Louisiana public records doctrine.
HOUSE CONCURRENT RESOLUTION NO. 162—BY REPRESENTATIVE CRAVINS
A CONCURRENT RESOLUTIONTo urge and request the Department of Public Safety and Corrections,
office of youth services, together with the local courts exercisingjuvenile jurisdiction and local children and youth planningboards, to study jointly the needs of and resources available toyouth requiring out-of-home placement in Region 5, consistingof the Fifteenth, Sixteenth, and Twenty-Seventh JudicialDistricts and to make recommendations for changes in the laws,rules, programs, and procedures to achieve more effective andcost-efficient delivery of juvenile justice services.
HOUSE CONCURRENT RESOLUTION NO. 63—BY REPRESENTATIVE DANIEL
A CONCURRENT RESOLUTIONTo urge and request public bodies and any agents acting on behalf of
public bodies to be open and honest with the public aboutapplicants and candidates for public positions of authority andto discontinue the practice of oral only contacts and interviews,the sole purpose of which is to circumvent the laws relative topublic records and the fundamental and constitutional right ofthe citizens of Louisiana to observe the deliberations of publicbodies and examine public documents.
HOUSE CONCURRENT RESOLUTION NO. 130—BY REPRESENTATIVE BEARD
A CONCURRENT RESOLUTIONTo urge and request the Department of Health and Hospitals to
explore all avenues to assure that new parents are made awareof their option to donate the blood collected from theirnewborn's umbilical cord for the purposes of extracting stemcells.
35th DAY'S PROCEEDINGS Page 57 SENATEJune 20, 2005
HOUSE CONCURRENT RESOLUTION NO. 138—BY REPRESENTATIVES GARY SMITH, FARRAR, MONTGOMERY, R.CARTER, FAUCHEUX, GALLOT, SHEPHERD, AND WHITE ANDSENATORS DARDENNE, DUPRE, ELLINGTON, FIELDS, JONES,MARIONNEAUX, AND ULLO
A CONCURRENT RESOLUTIONTo memorialize the United States Congress to take such actions as
are necessary to make permanent the increases inServicemembers' Group Life Insurance coverage and the DeathGratuity benefits to provide financial security of survivors ofmembers of the Louisiana National Guard and otherservicemembers who make the ultimate sacrifice with their liveswhile serving our country and the state of Louisiana.
HOUSE CONCURRENT RESOLUTION NO. 172—BY REPRESENTATIVE ROBIDEAUX
A CONCURRENT RESOLUTIONTo urge and request the Louisiana Department of Social Services,
bureau of licensing, to study the feasibility of adopting andimplementing rules and regulations to provide for the licensingof "drop-in" programs.
HOUSE CONCURRENT RESOLUTION NO. 193—BY REPRESENTATIVE JOHN SMITH AND SENATOR CAIN
A CONCURRENT RESOLUTIONTo commend Trooper First Class Rodney Helton upon his receipt of
the 2005 Governor Jimmie Davis Sunshine Award.
HOUSE CONCURRENT RESOLUTION NO. 195—BY REPRESENTATIVES SCALISE, ALARIO, ANSARDI, BOWLER,DAMICO, LABRUZZO, LANCASTER, MARTINY, PITRE, TOOMY,TUCKER, AND WOOTON AND SENATORS HEITMEIER, HOLLIS,LENTINI, SHEPHERD, AND ULLO
A CONCURRENT RESOLUTIONTo urge and request the governor to select a university or universities
to conduct a study of the economic impact of the state's filmindustry on the local economies of the state's parishes andmunicipalities.
HOUSE CONCURRENT RESOLUTION NO. 196—BY REPRESENTATIVE PITRE
A CONCURRENT RESOLUTIONTo commend Marian Cooper of Grand Isle High School upon being
named Educator of the Year by the American Legion,Department of Louisiana.
HOUSE CONCURRENT RESOLUTION NO. 197—BY REPRESENTATIVE JEFFERSON
A CONCURRENT RESOLUTIONTo urge and request the City Council of New Orleans to examine the
feasibility of establishing a polling place on the TulaneUniversity campus in order to provide the surroundingcommunity with a convenient and easily accessible location forvoting.
and asked that the President of the Senate affix his signature to thesame.
Respectfully submitted,ALFRED W. SPEER
Clerk of the House of Representatives
The House Concurrent Resolutions contained herein were signedby the President of the Senate.
Message from the HouseSIGNED HOUSE BILLS AND
JOINT RESOLUTIONS
June 20, 2005
To the Honorable President and Members of the Senate:
I am directed to inform your honorable body that the Speaker ofthe House of Representatives has signed the following House Billsand Joint Resolutions:
HOUSE BILL NO. 17—BY REPRESENTATIVES T. POWELL, BRUCE, BURRELL, CRAVINS,MARTINY, JANE SMITH, TRICHE, WHITE, WOOTON, ALEXANDER,ARNOLD, BADON, BALDONE, BARROW, BAUDOIN, BEARD, BURNS,CAZAYOUX, CRANE, CURTIS, DAMICO, DANIEL, DORSEY, DOWNS,ERDEY, FANNIN, FARRAR, GALLOT, GEYMANN, HILL, HOPKINS,HUTTER, JACKSON, JEFFERSON, JOHNS, KATZ, KENNARD,KLECKLEY, LAFLEUR, MCDONALD, MCVEA, MONTGOMERY,ODINET, M. POWELL, RITCHIE, ROBIDEAUX, ROMERO, SALTER,SCALISE, SCHNEIDER, SMILEY, JACK SMITH, JOHN SMITH, STRAIN,THOMPSON, AND WADDELL AND SENATORS BROOME, CHAISSON,DUPLESSIS, N. GAUTREAUX, JACKSON, MICHOT, MOUNT, NEVERS,AND SCHEDLER
AN ACTTo amend and reenact Code of Criminal Procedure Article 571.1,
relative to time limitations for prosecuting certain sex offenses;to amend the time limitations for instituting prosecutions forcertain sex offenses involving a victim under the age ofseventeen years; and to provide for related matters.
HOUSE BILL NO. 75—BY REPRESENTATIVE ALEXANDER
AN ACTTo enact R.S. 33:423.15, relative to the city of Broussard; to provide
for the chief of police of that city to take certain personnelactions; to provide for appeal of those actions by policedepartment employees; and to provide for related matters.
HOUSE BILL NO. 133—BY REPRESENTATIVE CAZAYOUX
AN ACTTo amend and reenact R.S. 33:2495(B)(1)(a) and 2555(B)(1)(a),
relative to the municipal fire and police civil service; to providerelative to the removal of an employee from a position duringhis working test; and to provide for related matters.
HOUSE BILL NO. 145—BY REPRESENTATIVE THOMPSON
AN ACTTo amend and reenact R.S. 33:140.75(A) and to repeal R.S.
33:140.71(C), relative to railroad development districts; toprovide for the maximum rate of the ad valorem tax to be leviedby such districts; to provide relative to tax renewal; to repealcertain provisions relative to district boundaries; and to providefor related matters.
HOUSE BILL NO. 151—BY REPRESENTATIVE DOVE
AN ACTTo amend and reenact R.S. 13:976(C), relative to court reporters in
the Thirty-Second Judicial District Court; to increase the feescourt reporters may charge per page for civil and criminaltranscripts; to decrease the fees court reporters may charge perpage copy for civil and criminal transcripts; and to provide forrelated matters.
HOUSE BILL NO. 158—BY REPRESENTATIVE MARCHAND
AN ACTTo amend and reenact R.S. 17:226, relative to exemptions from
compulsory school attendance; to authorize nurse practitionerslicensed to practice in Louisiana to substantiate certain illnessespermitting a child to be excused temporarily from attendingschool; to remove exemptions based on the location of a child'sresidence and certain other transportation factors; to provide foran effective date; and to provide for related matters.
HOUSE BILL NO. 161—BY REPRESENTATIVE BRUCE
AN ACTTo enact R.S. 13:961(F)(1)(o), relative to court reporter fees in the
Eleventh Judicial District Court; to authorize the judges en bancto set the fees for each page and copy of transcribed testimony;and to provide for related matters.
Page 58 SENATE 35th DAY'S PROCEEDINGSJune 20, 2005HOUSE BILL NO. 184—
BY REPRESENTATIVE FRITH AN ACT
To enact R.S. 41:727, relative to the transfer of certain sixteenthsection land by the Vermilion Parish School Board; to specifythe property to be transferred and the persons to whom it shallbe transferred; and to provide for related matters.
HOUSE BILL NO. 197—BY REPRESENTATIVE DOVE AND SENATOR ROMERO
AN ACTTo enact R.S. 49:214.9 and 214.10, relative to coastal preservation
and restoration; to establish a program for stabilization andrestoration of coastal passes; to create the Coastal PassesStabilization and Restoration Fund as a special fund in the statetreasury; to provide for the deposit, use, and investment ofmonies in the fund; and to provide for related matters.
HOUSE BILL NO. 204—BY REPRESENTATIVE CAZAYOUX
AN ACTTo amend and reenact R.S. 56:2011(C), relative to payment of
royalties for dredging state water bottoms; to exempt from thepayment of such royalties the dredging of False River for certainpurposes; and to provide for related matters.
HOUSE BILL NO. 238—BY REPRESENTATIVE ST. GERMAIN
AN ACTTo amend and reenact R.S. 56:650(A)(2) and to enact R.S.
56:650(C), relative to the Lifetime License Endowment Fund;to provide for deposit of revenues to the fund; to provide relativeto investment of the monies in the fund; and to provide forrelated matters.
HOUSE BILL NO. 244—BY REPRESENTATIVES WALSWORTH AND LAMBERT
AN ACTTo enact R.S. 40:1394.1, relative to state police; to provide for a
report of salary schedules for troopers and officers of thedivision of state police; to require that the report be submitted tothe governor, the commissioner of administration, and membersof the legislature through the speaker of the House ofRepresentatives and the president of the Senate; to provide forthe scope of the annual salary schedule report; to provide forprocedures for review of said salary schedule; to provide for theimplementation of recommendations concerning such schedule;and to provide for related matters.
HOUSE BILL NO. 272— (DUPLICATE OF SENATE BILLNO. 203)
BY REPRESENTATIVE BALDONE AND SENATOR DUPRE ANDCOAUTHORED BY REPRESENTATIVE SCALISE
AN ACTTo enact R.S. 14:62.5(C), relative to looting; to provide with respect
to penalties for the crime of looting when committed during astate of emergency; and to provide for related matters.
HOUSE BILL NO. 295—BY REPRESENTATIVE TOWNSEND
AN ACTTo enact R.S. 13:961(F)(1)(o), relative to court reporter fees in the
Thirty-Ninth Judicial District Court; to authorize the judges toestablish fees per page and copy for reported and transcribedtestimony not to exceed a specified amount; and to provide forrelated matters.
HOUSE BILL NO. 314—BY REPRESENTATIVES WALSWORTH AND KATZ
AN ACTTo enact R.S. 17:85.11, relative to naming a Reserve Officers'
Training Corps building; to authorize the Ouachita ParishSchool Board to name the Reserve Officers' Training Corpsbuilding at West Monroe High School in honor of James DonaldHalsell, Jr.; and to provide for related matters.
HOUSE BILL NO. 377—BY REPRESENTATIVE DOWNS
AN ACTTo enact R.S. 33:2737.78, to authorize the Union Parish School
Board to levy and collect an additional sales and use tax; toprovide for the use of tax proceeds; to provide for voterapproval; and to provide for related matters.
HOUSE BILL NO. 380—BY REPRESENTATIVE ARNOLD
AN ACTTo amend and reenact R.S. 11:266.1(B), (D), and (E), relative to
investments of state retirement systems; to provide forinvestments through Louisiana incorporated and domiciledbroker-dealers; to specify that ten percent of all commissions oftrades of domestic equity and fixed income investments shall bedirected through broker-dealers incorporated, domiciled, orhaving their principal trading operations in Louisiana; to requirethe broker-dealers to enter into commission recaptureagreements with the systems; to change the date on which thepilot program ends; to provide for an effective date; and toprovide for related matters.
HOUSE BILL NO. 397—BY REPRESENTATIVE BALDONE
AN ACTTo amend and reenact R.S. 56:322(C)(7), relative to unattended
fishing nets; to remove the requirement for destruction ofunattended nets; and to provide for related matters.
HOUSE BILL NO. 427—BY REPRESENTATIVE BADON
AN ACTTo enact R.S. 33:9079, relative to the Kingswood Subdivision
Improvement District; to create and provide for such district,including provisions for the district and its board ofcommissioners and their powers, duties, functions, andresponsibilities; to provide for the imposition and collection ofa parcel fee and for the use thereof; and to provide for relatedmatters.
HOUSE BILL NO. 460—BY REPRESENTATIVES ALARIO, SALTER, DORSEY, HAMMETT,ALEXANDER, ARNOLD, BADON, BALDONE, BARROW, BAUDOIN,BAYLOR, BRUCE, BURNS, BURRELL, K. CARTER, CAZAYOUX,CRANE, CRAVINS, CURTIS, DAMICO, DANIEL, DARTEZ, DOERGE,DOVE, DOWNS, DURAND, FANNIN, FARRAR, FAUCHEUX, FRITH,GALLOT, GLOVER, GRAY, E. GUILLORY, M. GUILLORY, HEATON,HILL, HONEY, HOPKINS, HUNTER, HUTTER, JACKSON, JEFFERSON,JOHNS, KENNARD, LAFLEUR, LAFONTA, MARCHAND, MCDONALD,MCVEA, MONTGOMERY, MORRELL, ODINET, PIERRE, PINAC, T.POWELL, QUEZAIRE, RICHMOND, RITCHIE, ROMERO, SHEPHERD,SMILEY, GARY SMITH, JACK SMITH, JANE SMITH, JOHN SMITH, ST.GERMAIN, STRAIN, THOMPSON, TOWNSEND, TRAHAN, WALKER,WALSWORTH, WHITE, WOOTON, AND WRIGHT AND SENATORSHEITMEIER, HINES, BAJOIE, AND MOUNT
AN ACTTo enact Part VI-A of Chapter 39 of Title 51 of the Louisiana
Revised Statutes of 1950, to be comprised of R.S. 51:2365,relative to state funds; to establish the Rapid Response Fund asa special treasury fund; to provide for the dedication, deposit,use, and investment of monies in the fund; to require reporting;to provide for an effective date; and to provide for relatedmatters.
HOUSE BILL NO. 477—BY REPRESENTATIVE DOVE
AN ACTTo amend and reenact R.S. 56:722, relative to game and fish
commissions; to provide that such commissions shall not haveauthority over certain vessels; and to provide for related matters.
HOUSE BILL NO. 519—BY REPRESENTATIVES MCVEA AND HONEY
AN ACTTo amend and reenact R.S. 11:82(A)(8), relative to ad valorem tax
contributions for the Teachers' Retirement System of Louisiana;to provide for allocation of the ad valorem taxes remitted fromthe parish of East Baton Rouge and dedicated to the system; to
35th DAY'S PROCEEDINGS Page 59 SENATEJune 20, 2005
provide for the division of the taxes among the school systemslocated completely within the parish; to require the schoolboards to file a formula for calculation of this division with theretirement system and the parish assessor; and to provide forrelated matters.
HOUSE BILL NO. 560—BY REPRESENTATIVES ALARIO, SALTER, DORSEY, HAMMETT, ANDTHOMPSON AND SENATORS HINES, BAJOIE, HEITMEIER, ANDMOUNT
AN ACTTo amend and reenact R.S. 39:2(23) and (24) and 36(A), relative to
the state budget and budget process; to provide for the executivebudget; to modify certain definitions; to provide with respect tothe contents and format of the executive budget; and to providefor related matters.
HOUSE BILL NO. 630—BY REPRESENTATIVE HEBERT
AN ACTTo authorize the secretary of the Department of Wildlife and
Fisheries and the commissioner of administration to sell,convey, transfer, assign, and deliver certain state propertylocated in Iberia Parish.
HOUSE BILL NO. 640—BY REPRESENTATIVE LAFONTA
AN ACTTo enact R.S. 47:1997.1, relative to the ad valorem tax in Orleans
Parish; to provide for the payment of a fee to be charged to eachtax recipient body to defray the cost of collection; to provide forthe deposit and use of the proceeds of such fee; to provide for aneffective date; and to provide for related matters.
HOUSE BILL NO. 654—BY REPRESENTATIVES MONTGOMERY, ALARIO, GLOVER, HOPKINS,HUNTER, SCALISE, JANE SMITH, THOMPSON, ALEXANDER, ARNOLD,BALDONE, BAUDOIN, BAYLOR, BRUCE, BURRELL, CAZAYOUX,CRAVINS, CURTIS, DAMICO, DANIEL, DARTEZ, DOERGE, DORSEY,DOVE, DOWNS, DURAND, FANNIN, FARRAR, FAUCHEUX, FRITH,GALLOT, HEBERT, HILL, JACKSON, JEFFERSON, JOHNS, KATZ,MCDONALD, PIERRE, PINAC, M. POWELL, T. POWELL, QUEZAIRE,RICHMOND, RITCHIE, ROBIDEAUX, ROMERO, SALTER, SHEPHERD,GARY SMITH, JACK SMITH, ST. GERMAIN, STRAIN, TOOMY,TOWNSEND, TRAHAN, WADDELL, AND WALKER AND SENATORSADLEY, BAJOIE, BARHAM, BOASSO, BROOME, CAIN, CHAISSON,CHEEK, CRAVINS, DARDENNE, DUPLESSIS, DUPRE, ELLINGTON,FONTENOT, B. GAUTREAUX, HINES, HOLLIS, JACKSON, JONES,LENTINI, MALONE, MCPHERSON, MICHOT, MOUNT, MURRAY,NEVERS, ROMERO, SCHEDLER, SMITH, THEUNISSEN, AND ULLO
AN ACTTo amend and reenact R.S. 48:2072(B), 2073(7) through (19),
2077(17), (18), and (23), and 2082(B) through (O) and to enactR.S. 9:165(C) and R.S. 48:2073(20), 2077(24), and 2082(P),relative to authorizing the Louisiana Transportation Authorityto issue revenue bonds secured by unclaimed property receipts;to create the Unclaimed Property Fund; to provide for thedeposit of monies into the Unclaimed Property Fund and the useof those monies; to create the Unclaimed Property LeverageFund; to provide for the deposit of monies into the UnclaimedProperty Leverage Fund and the use of those monies; toauthorize the state treasurer to transfer the monies in theUnclaimed Property Leverage Fund to the LouisianaTransportation Authority; to provide relative to unclaimedproperty bonds; and to provide for related matters.
HOUSE BILL NO. 683—BY REPRESENTATIVE DOVE
AN ACTTo amend and reenact R.S. 30:125, 127(A)(introductory paragraph),
128(A) and (B), 136(A)(1)(b) and (c) and (B)(1) and (2), 158,and 213(A), relative to the management and administration ofmineral leasing on public lands; to provide relative toregistration of lease bidders and transferees; to provide forinformation to be reported when payors of state royalty change;to provide relative to incorrect royalty reporting; to provide forthe deposit of liquidated damages; to authorize the mineralboard to waive penalties; to provide relative to confidentialityregarding geophysical and geological survey data; to provide for
registration fees and penalties; and to provide for relatedmatters.
HOUSE BILL NO. 701—BY REPRESENTATIVE BAUDOIN
AN ACTTo enact R.S. 41:15, relative to hunting on state land; to provide for
certain restrictions to deer hunting equipment on state lands; andto provide for related matters.
HOUSE BILL NO. 878— (Substitute for House Bill No. 198 byRepresentative Thompson)
BY REPRESENTATIVE THOMPSON AN ACT
To enact R.S. 33:1448(P), relative to group insurance premiums; toprovide for the payment of insurance premiums for certainretired sheriffs and retired deputy sheriffs in Richland Parish;and to provide for related matters.
HOUSE BILL NO. 886— (Substitute for House Bill No. 591 byRepresentative Jane Smith)
BY REPRESENTATIVE JANE SMITH AN ACT
To amend and reenact R.S. 17:100.1, relative to alternativeeducational programs for certain students; to require that certainadjudicated children and children in the custody of the office ofyouth development shall be counted by certain local publicschool boards for funding purposes under certain circumstances;to provide for an effective date; and to provide for relatedmatters.
HOUSE BILL NO. 887— (Substitute for House Bill No. 802 byRepresentative Durand)
BY REPRESENTATIVES DURAND, ALARIO, DORSEY, HAMMETT,HUNTER, AND SALTER
AN ACTTo amend and reenact R.S. 17:1519.6(C) and to enact Subtitle X of
Title 47 of the Louisiana Revised Statutes of 1950, to becomprised of R.S. 47:8051 through 8059, relative to state fees;to enact the Healthcare Affordability Act; to impose a fee oncertain hospitals; to provide for collection and administration ofthe fee; to provide for disposition of the avails of the fee; toprovide for penalties and sanctions; to provide for an effectivedate; and to provide for related matters.
HOUSE BILL NO. 115—BY REPRESENTATIVE GALLOT
AN ACTTo amend and reenact Code of Civil Procedure Article 251(A) and
R.S. 44:32(C)(1)(c), relative to public records; to prohibit theuse of privately owned copying, reproducing, scanning, or othersuch imaging equipment in the copying of public records withinthe offices of the clerk of court; and to provide for relatedmatters.
HOUSE BILL NO. 120—BY REPRESENTATIVES HILL, BEARD, LAFLEUR, SCALISE, AND JOHNSMITH
AN ACTTo enact R.S. 17:3048.1(Q)(5) and (V)(3), to provide relative to
minimum scores on specified tests that are required of certainhome study students to be eligible for Tuition OpportunityProgram for Students awards; to provide for effectiveness; toprovide for an effective date; and to provide for related matters.
HOUSE BILL NO. 208—BY REPRESENTATIVE BOWLER
AN ACTTo amend and reenact R.S. 49:992(B)(2), relative to adjudications by
the division of administrative law; to require that any agencyshall comply fully and in a timely manner with the final decisionor order of an administrative law judge in an adjudicationcommenced by the division of administrative law; and toprovide for related matters.
Page 60 SENATE 35th DAY'S PROCEEDINGSJune 20, 2005HOUSE BILL NO. 290—
BY REPRESENTATIVE TOWNSEND AND SENATOR MARIONNEAUXAN ACT
To amend and reenact R.S. 22:250.52(5), 250.54(A), 250.57(A), and250.60(A)(2) and (B)(2), relative to health insurance; to providewith respect to prompt payment of electronic pharmacy claims;to provide for applicability to the Office of Group Benefits andpharmacy contracts; and to provide for related matters.
HOUSE BILL NO. 526—BY REPRESENTATIVE WINSTON
AN ACTTo enact Part II-D of Chapter 11 of Title 40 of the Louisiana Revised
Statutes of 1950, to be comprised of R.S. 40:2120.1 through2120.10, relative to brain injury facilities; to provide forlicensing requirements; and to provide for related matters.
HOUSE BILL NO. 599—BY REPRESENTATIVES HAMMETT, SALTER, ALARIO, DORSEY, ANDFAUCHEUX AND SENATORS HINES, BAJOIE, HEITMEIER, MOUNT,AND MURRAY
AN ACTTo amend and reenact R.S. 3:4684 and R.S. 47:820.1(A) and
1508(B)(6) and to enact Part V-A of Chapter 7 of Subtitle II ofTitle 47 of the Louisiana Revised Statutes of 1950, to becomprised of R.S. 47:818.1 through 818.104, relative to thetaxes on gasoline, motor fuel, and special fuels; to provide forthe disclosure of licensee information; to conform theterminology as it relates to the tax dedicated to theTransportation Infrastructure Model of Economic DevelopmentAccount; to provide for the collection of the tax on gasoline,motor fuels, and special fuels at the point of leaving the terminalrack or upon importation into the state; to provide definitions;to provide for licensing and bond requirements and filingrequirements; to provide for civil and criminal penalties; todefine certain crimes; and to provide for related matters.
HOUSE BILL NO. 687—BY REPRESENTATIVE K. CARTER
AN ACTTo amend and reenact R.S. 22:635.4(A) and to enact R.S.
22:635.4(C), relative to homeowners insurance policies; toprovide for conversion of policy forms; to provide for approval;to provide for the Louisiana Insurance Rating Commission; andto provide for related matters.
HOUSE BILL NO. 759—BY REPRESENTATIVE BURNS
AN ACTTo amend and reenact R.S. 37:2442(4), 2444, 2445, 2446.1(A) and
(B)(7), 2447, 2448(A) and (B)(1), 2449, 2450, 2451(A) and (B),2461(A), 2462, and 2463, to enact R.S. 37:2442(6), 2449.1,2449.2, 2449.3, and 2463.1, and to repeal R.S. 37:2451(C),2452, and 2457(11), relative to the licensing of hearing aiddealers; to provide relative to qualifications, fees, penalties, andcontinuing education; to provide for temporary training permitsand the training of temporary training permit holders; and toprovide for related matters.
HOUSE BILL NO. 883— (Substitute for House Bill No. 740 byRepresentative Hebert)
BY REPRESENTATIVE HEBERT AN ACT
To enact Chapter 36-B of Title 37 of the Louisiana Revised Statutesof 1950, to be comprised of R.S. 37:2861 through 2870, relativeto polysomnographic health professionals; to provide for therecognition of polysomnography as a separate and distinctprofession; to provide for licensure of polysomnographictechnologists and technicians; to provide for regulation ofpolysomnographic technologists, technicians, and individuals-in-training; to provide for definitions; to provide for the powersand duties of the Louisiana State Board of Medical Examinersrelative to polysomnographic technologists, technicians, andindividuals-in-training; to provide for the creation of theAdvisory Committee on Polysomnography; to provide for fees,
person and practices not affected, and prohibited acts; and toprovide for related matters.
HOUSE BILL NO. 6—BY REPRESENTATIVES GARY SMITH, BRUCE, CROWE, DOERGE,FRITH, GEYMANN, KLECKLEY, LAFONTA, PINAC, T. POWELL,RITCHIE, SHEPHERD, STRAIN, TRAHAN, WADDELL, WALSWORTH,WHITE, SCHNEIDER, AND THOMPSON
AN ACTTo enact R.S. 29:418.1, relative to the suspension or termination of
cellular phone contracts during service in the uniformedservices; to authorize the termination of the contract without anearly termination fee; to authorize the suspension of a cellularphone contract without imposition of any activation fee; torequire certain notices; and to provide for related matters.
HOUSE BILL NO. 56—BY REPRESENTATIVES KATZ, DOERGE, ST. GERMAIN, WINSTON,SCALISE, ALEXANDER, BADON, BALDONE, BARROW, BAUDOIN,BRUCE, BURNS, CRAVINS, CURTIS, DARTEZ, DORSEY, DOVE,DOWNS, DURAND, ERDEY, FANNIN, FARRAR, FRITH, GALLOT,GLOVER, GREENE, HAMMETT, HEBERT, HILL, HUNTER, HUTTER,JACKSON, JEFFERSON, JOHNS, KENNARD, KENNEY, LABRUZZO,LAFONTA, LANCASTER, MCDONALD, MONTGOMERY, MORRELL,MORRISH, PIERRE, PITRE, M. POWELL, T. POWELL, QUEZAIRE,SCHNEIDER, SMILEY, GARY SMITH, STRAIN, THOMPSON,TOWNSEND, TRAHAN, TUCKER, WADDELL, WALKER, WALSWORTH,WHITE, AND WOOTON AND SENATOR BROOME
AN ACTTo enact R.S. 14:46.2, relative to offenses against the person; to
create the crime of human trafficking; to provide for criminalpenalties; to provide for definitions; and to provide for relatedmatters.
HOUSE BILL NO. 71—BY REPRESENTATIVES BRUCE AND PINAC
AN ACTTo enact R.S. 37:3393(H)(7), relative to real estate appraisers; to
provide for an exemption from license requirements; and toprovide for related matters.
HOUSE BILL NO. 72—BY REPRESENTATIVES BRUCE AND MONTGOMERY
AN ACTTo enact R.S. 37:776(D), relative to dentists; to require the board to
promulgate rules to expunge first-time advertising offenses froma licensee's record; and to provide for related matters.
HOUSE BILL NO. 78—BY REPRESENTATIVES LAFLEUR, SALTER, ALARIO, DORSEY, ANDHAMMETT AND SENATORS HINES, BAJOIE, HEITMEIER, AND MOUNT
AN ACTTo amend and reenact R.S. 47:305.50(B) and 337.9(D)(25) and to
enact R.S. 47:337.10(J), relative to the state sales and use tax; toexempt fabrication, modification, or repairs of rail rolling stock;to provide for an effective date; and to provide for relatedmatters.
HOUSE BILL NO. 84—BY REPRESENTATIVES CAZAYOUX AND DORSEY
AN ACTTo enact R.S. 46:2134(G), relative to domestic abuse assistance; to
provide for the payment of costs; and to provide for relatedmatters.
HOUSE BILL NO. 90—BY REPRESENTATIVES BRUNEAU, ARNOLD, AND RICHMOND ANDSENATOR MURRAY
AN ACTTo amend and reenact R.S. 47:305.40(A) and to enact R.S.
47:301(13)(l), relative to state and local sales and use taxes; toprovide that certain carnival and nonprofit organizationsparticipating in certain parades and purchases or sales of certainspecialty items by such organizations are not subject to suchtaxes; and to provide for related matters.
35th DAY'S PROCEEDINGS Page 61 SENATEJune 20, 2005
HOUSE BILL NO. 91—BY REPRESENTATIVE ANSARDI
AN ACTTo amend and reenact Chapters 1, 2, and 3 of Title VII of Book I of
the Civil Code, presently comprised of Articles 178 through211, to be comprised of Chapters 1 and 2 of Title VII of BookI of the Civil Code, consisting of Articles 184 through 198,relative to the filiation of parents and children; to provide for theproof of maternity and paternity; to provide for the presumptionsof paternity; to provide for disavowal of paternity; to provide forthe contestation of paternity; to provide for an acknowledgmentof paternity; to provide for the avowal action; to provide for theexceptional action of paternity; and to provide for relatedmatters.
HOUSE BILL NO. 124—BY REPRESENTATIVES WOOTON AND DARTEZ AND SENATORSDUPRE AND B. GAUTREAUX
AN ACTTo amend and reenact R.S. 56:305(H) and to enact R.S.
56:302.3(B)(5)(c), relative to shrimp gear licenses; to providefor additional fees for such licenses; to provide relative todeposit and use of the revenues from such additional fees; andto provide for related matters.
HOUSE BILL NO. 125—BY REPRESENTATIVE TOOMY
AN ACTTo amend and reenact R.S. 37:751(A)(5), 780(B)(1), (2), and (3),
788(B)(4), and 795(B)(2)(a) and (3)(a) and to enact R.S.37:780(B)(4) and 795(B)(2)(q), (r), (s), and (t), relative to theDental Practice Act; to provide for definitions; to provide for theapplication of a license or a permit; to provide costs and fees forviolations; to alter existing fees; and to provide for relatedmatters.
HOUSE BILL NO. 226—BY REPRESENTATIVE GALLOT
AN ACTTo amend and reenact Code of Civil Procedure Articles
592(A)(3)(b), 1917, 2031(A), and 2083, relative to civilprocedure; to provide for the continuous revision of the Code ofCivil Procedure as required by R.S. 24:251; to provide forwritten reasons for judgment and findings of fact in class actioncertifications and for appeal therefrom; to provide for thecommencement of the time period in which to request the courtto give findings of fact and written reasons for judgment in anonjury trial; to provide for the interruption of prescription withthe filing of a motion to revive a judgment; to provide for appealof interlocutory judgments; and to provide for related matters.
HOUSE BILL NO. 293—BY REPRESENTATIVES TUCKER AND WALKER AND SENATORCHEEK
AN ACTTo enact Part VIII of Chapter 1 of Title 40 of the Louisiana Revised
Statutes of 1950, to be comprised of R.S. 40:31.61 through31.68, relative to the creation of the Parkinson's DiseaseRegistry; to provide for a program of epidemiologicalassessments of the incidence of Parkinson's disease andestablishment of a system for the collection of informationdetermining the incidence of Parkinson's disease; to provide forthe duties and responsibilities of the office of public health, apublic health unit, or their agents; to provide for funding; and toprovide for related matters.
HOUSE BILL NO. 318—BY REPRESENTATIVE BADON AND SENATOR MURRAY
AN ACTTo amend and reenact Code of Civil Procedure Article 2293(B),
relative to notice of seizure of property; to provide for givingadditional notice of seizure to occupants and tenants; to providerelative to the validity of the sheriff's sale for failure to serveadditional notices; to provide for an optional method of givingnotice when the property consists of more than ten units; toprovide for filing of an affidavit in the foreclosure proceeding
records and the effect thereof; to provide for the inapplicabilityof additional notice provisions to certain property; to provide forthe validity of foreclosure proceedings deemed not incompliance with Act No. 877 of the 2004 Regular Session; andto provide for related matters.
HOUSE BILL NO. 319—BY REPRESENTATIVE MORRISH
AN ACTTo amend and reenact R.S. 22:1430.12(A) and to enact R.S.
22:1430.7(B)(3), relative to the calculation of rates by theLouisiana Citizens Property Insurance Corporation; to providefor the formulation of rates; to provide for amending the plan ofoperation; and to provide for related matters.
HOUSE BILL NO. 336—BY REPRESENTATIVE WADDELL AND SENATOR CHEEK
AN ACTTo amend and reenact R.S. 18:18(A)(8)(a), 531.1(A)(2) and (C),
551(A), 553(E)(1), 1302(4), (5), (6), and (7), 1303(A), (B)(4)and (5), (D), and (E), 1305, 1306(A)(1), (B), (C)(1), (D),(E)(1)(introductory paragraph) and (2), (F), and(G)(1)(introductory paragraph), (a), and (f), and (2), 1307(A)(2),1309(A)(2), (D)(1), and (G), 1311(A), (B), (C)(1), (D)(1), and(4)(a), 1312(B), 1313(F)(introductory paragraph), (1), (2), (4),(5), (6), (7), (9), and (10), (H), and (I)(3), 1315(A)(1) and (3),(B), and (C), 1317, 1331, 1332(A), 1333(B), (G)(6)(b), and (H),and 1353(C)(2) and (3)(b), to enact R.S. 18:1302(8), and torepeal R.S. 18:1304 and 1306(E)(1)(h), (G)(1)(g), and (H),relative to voting prior to election day; to remove certainrequirements for absentee in person voting; to provide withregard to conducting absentee in person voting; to repeal specialprovisions for disabled voters to vote absentee in person; toredesignate and direct the Louisiana State Law Institute tofurther redesignate the terms "absentee in person" and"absentee" as they relate to absentee in person voting as "earlyvoting"; and to provide for related matters.
HOUSE BILL NO. 349—BY REPRESENTATIVE BOWLER
AN ACTTo authorize and provide for the lease or transfer of certain state
property in Jefferson Parish to the Jefferson Parish SchoolBoard; and to provide for related matters.
HOUSE BILL NO. 405—BY REPRESENTATIVE ALEXANDER
AN ACTTo enact R.S. 17:62, to provide relative to term limits for the
Lafayette Parish School Board; to authorize the school board toadopt such limits subject to voter approval; and to provide forrelated matters.
HOUSE BILL NO. 446—BY REPRESENTATIVE TRAHAN
AN ACTTo enact R.S. 6:1094(B) and to repeal R.S. 6:1087(B)(10), relative to
residential mortgage lending; to provide for licensure; to provideexamination requirements; to establish licensure exemptions; torepeal the requirement of commissioner approval for personsengaging in no more than four residential mortgage lendingtransactions in a calendar year; to eliminate the licensureexemption for persons engaging in no more than four residentialmortgage lending transactions in a calendar year; and to providefor related matters.
HOUSE BILL NO. 496—BY REPRESENTATIVES MCDONALD, WALSWORTH, SCALISE, ANDTHOMPSON
AN ACTTo enact Chapter 27-C of Title 33 of the Louisiana Revised Statutes
of 1950, to be comprised of R.S. 33:9039.51 through 9039.56,relative to the creation of the Northeast Louisiana FilmCommission; to create the Northeast Louisiana FilmCommission; to provide for the purposes, powers, duties,functions, and responsibilities of the commission; to provide for
Page 62 SENATE 35th DAY'S PROCEEDINGSJune 20, 2005
an executive director; to provide relative to employees, funding,and cooperation with state agencies; and to provide for relatedmatters.
HOUSE BILL NO. 576—BY REPRESENTATIVE LAMBERT
AN ACTTo enact R.S. 6:332 and 333(F)(16), relative to financial records; to
provide relative to the disclosure of such records; to providerelative to attorney trust or escrow accounts; to authorizeoverdraft notification to the office of disciplinary counsel for theLouisiana Attorney Disciplinary Board; to provide for limitationof liability; to provide for an effective date; and to provide forrelated matters.
HOUSE BILL NO. 581—BY REPRESENTATIVE TRAHAN
AN ACTTo amend and reenact R.S. 44:4.1(B)(7) and to enact R.S. 15:477.2,
relative to privileged communications; to provide for privilegedcommunications for state governmental agencies by personsreporting alleged fraud, abuse, or wrongdoing; to provide for anexception regarding public records disclosure; to provide fordefinitions; and to provide for related matters.
HOUSE BILL NO. 650—BY REPRESENTATIVES ARNOLD AND THOMPSON
AN ACTTo amend and reenact R.S. 6:969.35(A) and (D) and 969.37(D) and
(G) and to enact R.S. 6:969.6(30) through (33), relative to theMotor Vehicle Sales Finance Act; to provide for definitions; toprovide for authority to issue debt waiver or debt forgivenessagreements; to provide for licenses; to provide for violations; toprovide for fees; and to provide for related matters.
HOUSE BILL NO. 680—BY REPRESENTATIVE HUNTER AND SENATORS MURRAY ANDNEVERS
AN ACTTo amend and reenact R.S. 23:1101(B), 1102(A)(2), 1208(D) and
(G), 1226(A) and (B)(3)(a), 1272(D), 1291(C)(3), (4), and (5),1310.3(E), 1310.7(B) and (C), 1377(B)(1), and 1378(A)(5) and(8)(a) and (b) and to enact R.S. 23:1032.1 and 1034.2(C)(4), andto repeal R.S. 23:1101(D) and 1168(A)(2)(b), relative toworkers' compensation; to provide for definitions; to provide forpenalties for failure to secure workers' compensation insurance;to provide for reimbursement of dental services; to providerelative to third-party suits; to eliminate methods of securingworkers' compensation insurance; to provide for the payment ofpenalties imposed for misrepresentations; to provide forreporting of earnings; to provide for vocational rehabilitationcounseling; to provide relative to lump sum settlements; toprovide relative to the records management, fraud, andworkplace safety sections of the office workers' compensationadministration; to provide for the jurisdiction of the workers'compensation judges; to provide for penalties and requirementsfor findings of contempt of court; to provide for the necessaryallegations in a workers' compensation petition; to providerelative to the Second Injury Fund budget, assessments, andliabilities; and to provide for related matters.
HOUSE BILL NO. 751—BY REPRESENTATIVE MONTGOMERY
AN ACTTo amend and reenact R.S. 4:147(2), relative to residency
requirements of the state steward appointed by the LouisianaState Racing Commission; to require the steward to be residingin the state upon appointment; and to provide for relatedmatters.
HOUSE BILL NO. 761—BY REPRESENTATIVE WHITE
AN ACTTo enact R.S. 22:676, relative to motor vehicle insurance provisions;
to provide for total loss; to provide for airbags; and to providefor related matters.
HOUSE BILL NO. 779—BY REPRESENTATIVES MCVEA AND MCDONALD
AN ACTTo enact R.S. 32:867, relative to compulsory motor vehicle liability
insurance; to provide for applicability; to provide for privatelyowned parking lots; and to provide for related matters.
HOUSE BILL NO. 816—BY REPRESENTATIVES JOHNS AND MCDONALD
AN ACTTo amend and reenact R.S. 37:1184, relative to the Pharmacy
Practice Act; to provide for changes in the fee schedule; and toprovide for related matters.
HOUSE BILL NO. 817—BY REPRESENTATIVE HAMMETT
AN ACTTo enact R.S. 47:1675 and to repeal R.S. 47:287.34, relative to
income and corporation franchise tax credits; to provide foreligibility and application of the tax credits; to provide generaladministrative provisions for tax credits; to provide for aneffective date; and to provide for related matters.
HOUSE BILL NO. 885— (Substitute for House Bill No. 584 byRepresentative K. Carter)
BY REPRESENTATIVES K. CARTER, BOWLER, LABRUZZO, ANDSCALISE AND SENATORS HINES AND MURRAY
AN ACTTo amend and reenact R.S. 22:250.31 through 250.35, relative to
health insurance claims; to provide relative to prompt paymentof health insurance claims; to provide for definitions; to providefor standards for receipt and processing of nonelectronic andelectronic claims; to provide relative to limitations on claimfiling and audit; to provide for the regulatory authority of thecommissioner of insurance; to provide relative to applicability;and to provide for related matters.
HOUSE BILL NO. 880— (Substitute for House Bill No. 431 byRepresentative Lancaster)
BY REPRESENTATIVES LANCASTER, SALTER, ALARIO, DORSEY,GALLOT, AND HAMMETT AND SENATORS HINES, BAJOIE,HEITMEIER, AND MOUNT
AN ACTTo amend and reenact R.S. 44:4.1(B)(35), to enact Chapter 4 of Title
V of the Children's Code, to be comprised of Articles 541through 546, and to repeal Chapter 14 of Title 15 of theLouisiana Revised Statutes of 1950, comprised of R.S. 15:1461through 1464, relative to information concerning children andtheir families; to provide that agencies providing services tochildren and their families and city, parish, or other local publicschool boards are authorized to request the release or exchangeof information, data, reports, and records which are relevant andnecessary to the performance of their respective duties tochildren and their families; to provide for procedures relative tothe release of such information; to provide for procedures to beutilized when an agency or school board refuses or fails toprovide for the release of such information; to require agenciesto exercise due diligence in obtaining consent, authorization,waiver, court order, or an order from an administrative lawjudge to obtain information regarding children and theirfamilies; to provide with respect to confidentiality of suchinformation; to provide with respect to immunity from liability;to provide relative to an exception in the public records law; toremove certain provisions specific to juveniles; and to providefor related matters.
HOUSE BILL NO. 848—BY REPRESENTATIVE HONEY
AN ACTTo amend and reenact R.S. 40:1142(F), relative to certification fees
assessed operators of water supply and sewerage systems; toprovide for fees for examinations and issuance and renewals ofcertificates; and to provide for related matters.
and asked that the President of the Senate affix his signature to thesame.
35th DAY'S PROCEEDINGS Page 63 SENATEJune 20, 2005
Respectfully submitted,ALFRED W. SPEER
Clerk of the House of Representatives
The House Bills and Joint Resolutions contained herein weresigned by the President of the Senate.
Privilege Report of the Committee onSenate and Governmental Affairs
ENROLLMENTSSenator Jones, Chairman on behalf of the Committee on Senate
and Governmental Affairs, submitted the following report:
June 20, 2005
To the President and Members of the Senate:
I am directed by your Committee on Senate and GovernmentalAffairs to submit the following report:
The following Senate Bills have been properly enrolled:
SENATE BILL NO. 20—BY SENATOR MICHOT AND REPRESENTATIVE BRUNEAU
AN ACTTo amend and reenact R.S. 24:771(3) and 772, relative to reports
provided to the legislature; to provide for definitions; to providefor record maintenance and retrieval; to require auditdetermination of reporting compliance; and to provide forrelated matters.
SENATE BILL NO. 26—BY SENATORS MCPHERSON AND HINES
AN ACTTo enact R.S. 47:297(N), relative to individual income tax; to
provide a credit for certain amounts related to living organdonation; and to provide for related matters.
SENATE BILL NO. 53—BY SENATORS FIELDS, JONES, AMEDEE, BROOME, CAIN, CHAISSON,CRAVINS, DARDENNE, DUPLESSIS, DUPRE, ELLINGTON, FONTENOT,N. GAUTREAUX, HINES, JACKSON, MALONE, MARIONNEAUX,MCPHERSON, MURRAY, SCHEDLER, SMITH AND THEUNISSEN ANDREPRESENTATIVE GALLOT
AN ACTTo amend and reenact R.S. 18: 481, 511(A) and (B), and 512(B),
relative to the election of United States senators andrepresentatives in congress; to provide for congressionalcandidates to be elected only in a general election; to provide forelection dates; and to provide for related matters.
SENATE BILL NO. 56—BY SENATOR MURRAY AND REPRESENTATIVE MORRELL
AN ACTTo amend and reenact R.S. 33:4121(E), relative to the Sewerage and
Water Board of New Orleans; to provide for a technical changein the board's bonding authority; to provide for an effective date;and to provide for related matters.
SENATE BILL NO. 58—BY SENATORS DUPLESSIS AND FIELDS
AN ACTTo repeal R.S. 17:121(D), relative to participation in certain
campaign activities for the election of school board members inOrleans Parish; to remove the prohibition against school boardmembers or other elected officials in campaigning for or againstthe election of school board members in Orleans Parish; and toprovide for related matters.
SENATE BILL NO. 80—BY SENATOR MURRAY AND REPRESENTATIVE MORRELL
AN ACTTo amend and reenact R.S. 33:4084(A)(1)(a), relative to the
Sewerage and Water Board of New Orleans; to change thethreshold contract amount of materials and supplies contractswith the board that must be advertised for public bid; to providefor an effective date; and to provide for related matters.
SENATE BILL NO. 81—BY SENATOR MURRAY AND REPRESENTATIVE MORRELL
AN ACTTo amend and reenact R.S. 33:4079, relative to the Sewerage and
Water Board of New Orleans; to provide for the conformity toplans for drainage system and related facilities; to provide for aneffective date; and to provide for related matters.
SENATE BILL NO. 129—BY SENATOR NEVERS
AN ACTTo amend and reenact R.S. 17:3095(A)(1)(b) and (2) and to enact
R.S. 17:3095(A)(1)(c) and R.S. 47:293(6)(a)(viii) and 1205(D),relative to enhancements to the Louisiana Student TuitionAssistance and Revenue Trust Program; to increase the taxablestate income exclusion for married couples; to allow certaindeposits over five years to be excluded from the state gift taxprovisions so as to conform with the federal gift tax provisions;to provide with regard to the disbursement of funds fromaccounts established pursuant to such program; and to providefor related matters.
SENATE BILL NO. 156—BY SENATORS CHAISSON AND NEVERS
AN ACTTo enact R.S. 14:67.4, relative to crimes; to make theft of encoded
credit card information a crime; to criminalize the use of ascanning device or re-encoder to capture encoded informationfrom a magnetic strip; to provide for definitions; to provide forpenalties; and to provide for related matters.
SENATE BILL NO. 182—BY SENATOR DUPRE AND REPRESENTATIVES ALARIO, ALEXANDER,ARNOLD, BALDONE, BEARD, K. CARTER, R. CARTER, CAZAYOUX,CURTIS, DAMICO, DANIEL, DARTEZ, DEWITT, DORSEY, DOVE,DURAND, FAUCHEUX, FRITH, GRAY, HEATON, HEBERT, HONEY,HUTTER, JACKSON, JEFFERSON, KENNARD, KENNEY, LAFLEUR,LAFONTA, LAMBERT, MONTGOMERY, MORRELL, PIERRE, PINAC,PITRE, M. POWELL, T. POWELL, QUEZAIRE, RITCHIE, ROMERO,SALTER, SCALISE, GARY SMITH, JACK SMITH, JANE SMITH, STRAIN,THOMPSON, TOWNSEND, TRAHAN, WALKER AND WOOTON
AN ACTTo enact Subpart A-3 of Part II of Chapter 2 of Subtitle 1 of Title 30
of the Louisiana Revised Statutes of 1950, to be comprised ofR.S. 30:150, relative to mineral leases; to provide relative tomineral leases on state lands; to provide certain drillingincentives; to provide relative to royalties; to create theLouisiana Royalty Relief Dry Hole Credit Program; to providecertain terms, conditions, procedures, and requirements; and toprovide for related matters.
SENATE BILL NO. 187—BY SENATORS DUPRE, N. GAUTREAUX, MALONE, MCPHERSON,MICHOT AND ROMERO AND REPRESENTATIVES BALDONE, PITRE,ST. GERMAIN, ALARIO, ALEXANDER, ANSARDI, ARNOLD, BADON,BARROW, BAUDOIN, BAYLOR, BRUCE, BURNS, BURRELL,CAZAYOUX, CRANE, CRAVINS, DAMICO, DARTEZ, DORSEY, DOVE,DOWNS, DURAND, FANNIN, FARRAR, FAUCHEUX, FRITH, GALLOT,E. GUILLORY, HAMMETT, HEATON, HEBERT, HILL, JACKSON,JEFFERSON, JOHNS, KATZ, LAFLEUR, LAMBERT, LANCASTER,MCDONALD, MONTGOMERY, MORRISH, PIERRE, T. POWELL,RICHMOND, RITCHIE, SALTER, SCALISE, GARY SMITH, JACK SMITH,JANE SMITH, JOHN SMITH, STRAIN, TOOMY, TOWNSEND, TRAHAN,TUCKER, WALKER, WALSWORTH, WHITE AND WOOTON
A JOINT RESOLUTIONProposing to add Article VII, Section 10.2(E) of the Constitution of
Louisiana, relative to the Wetlands Conservation andRestoration Fund; to provide relative to certain federal revenuesreceived by the state generated from Outer Continental Shelf oiland gas activity; to provide for the depositing and crediting ofsuch monies into the Wetlands Conservation and Restoration
Page 64 SENATE 35th DAY'S PROCEEDINGSJune 20, 2005
Fund, and for the uses of such federal revenues; and to specifyan election for submission of the proposition to electors andprovide a ballot proposition.
SENATE BILL NO. 195—BY SENATORS DUPRE, BAJOIE, N. GAUTREAUX, HINES, MALONE,MCPHERSON, MICHOT, MOUNT, ROMERO, ADLEY, AMEDEE,BOASSO, BROOME, CAIN, CHAISSON, CHEEK, CRAVINS, DARDENNE,DUPLESSIS, ELLINGTON, FIELDS, FONTENOT, B. GAUTREAUX,HEITMEIER, HOLLIS, JACKSON, JONES, KOSTELKA, LENTINI,MARIONNEAUX, MURRAY, NEVERS, SCHEDLER, SMITH,THEUNISSEN AND ULLO AND REPRESENTATIVES ALARIO,BALDONE, DORSEY, HAMMETT, PITRE, SALTER, ST. GERMAIN,ALEXANDER, ANSARDI, ARNOLD, BAYLOR, BRUCE, BURRELL,CAZAYOUX, CRANE, DAMICO, DANIEL, DARTEZ, DEWITT, DOVE,DOWNS, DURAND, FANNIN, FARRAR, FAUCHEUX, FRITH, GALLOT,GLOVER, E. GUILLORY, HEATON, HEBERT, HILL, HUTTER,JEFFERSON, KATZ, KENNEY, KLECKLEY, LAFLEUR, LAMBERT,LANCASTER, MARCHAND, MARTINY, MCDONALD, MONTGOMERY,MORRISH, PIERRE, T. POWELL, QUEZAIRE, RICHMOND, RITCHIE,ROBIDEAUX, ROMERO, SCALISE, GARY SMITH, JACK SMITH, JANESMITH, STRAIN, THOMPSON, TOOMY, TRAHAN, TUCKER, WALKER,WALSWORTH, WHITE, WINSTON AND WOOTON
AN ACTTo amend and reenact R.S. 49:213.7(A)(2)(introductory paragraph),
(C) and (D), and to enact R.S. 49:213.7(B)(3) and (E)(7),relative to the Wetlands Conservation and Restoration Fund; toprovide relative to certain federal revenues to be credited anddeposited to the fund; to provide relative to fund uses; and toprovide for related matters.
SENATE BILL NO. 289—BY SENATOR MURRAY AND REPRESENTATIVE MORRELL
AN ACTTo enact R.S. 33:4079.1, relative to the Sewerage and Water Board
of New Orleans; to provide for the authorization to lease conduitto house fiber optic cable by the Sewerage and Water Board ofNew Orleans; to provide for an effective date; and to provide forrelated matters.
SENATE BILL NO. 334—BY SENATOR SCHEDLER
AN ACTTo amend and reenact R.S. 33:1236(30)(b)(i), (iii), (iv) and (vi) and
4876, relative to the powers of local governing authorities; toprovide with respect to authorization of the St. Tammany Parishgoverning authority to require and compel property owners toremove trash, debris, junk, wrecked or used automobiles ormotor vehicles, or other discarded items being stored or kept onproperty; to provide for an effective date; and to provide forrelated matters.
Respectfully submitted,CHARLES D. JONES
Chairman
The foregoing Senate Bills were signed by the President of theSenate.
Privilege Report of the Committee onSenate and Governmental Affairs
ENROLLMENTSSenator Jones, Chairman on behalf of the Committee on Senate
and Governmental Affairs, submitted the following report:
June 20, 2005
To the President and Members of the Senate:
I am directed by your Committee on Senate and GovernmentalAffairs to submit the following report:
The following Senate Concurrent Resolutions have beenproperly enrolled:
SENATE CONCURRENT RESOLUTION NO. 3—BY SENATOR SCHEDLER
A CONCURRENT RESOLUTIONTo affirm the establishment of an ongoing association between the
state of Louisiana and the province of Alberta, Canada as"Twin" regions and to authorize the development of a "twinningagreement" between the state and the province in time for thecentennial celebration of Alberta, Canada in 2005.
SENATE CONCURRENT RESOLUTION NO. 44—BY SENATOR AMEDEE AND REPRESENTATIVE LAMBERT
A CONCURRENT RESOLUTIONTo urge and request the office of state parks, Department of Culture,
Recreation, and Tourism, in coordination with the Departmentof Wildlife and Fisheries, to conduct a feasibility study todetermine if the area in or around the Maurepas Swamp WildlifeManagement Area (WMA) is suitable for a state park.
SENATE CONCURRENT RESOLUTION NO. 49—BY SENATOR DUPRE
A CONCURRENT RESOLUTIONTo approve the Fiscal Year 2005-2006 Coastal Wetlands
Conservation and Restoration Plan, as adopted by the WetlandsConservation and Restoration Authority ("authority").
SENATE CONCURRENT RESOLUTION NO. 61—BY SENATORS B. GAUTREAUX AND DUPRE
A CONCURRENT RESOLUTIONTo memorialize the Congress of the United States to enact the
Coastal Restoration Tax Credit Act of 2005.
SENATE CONCURRENT RESOLUTION NO. 112—BY SENATOR SCHEDLER
A CONCURRENT RESOLUTIONTo express support for the commercial introduction of low-speed
vehicles into Louisiana and to urge and request that theLouisiana office of motor vehicles use the maximum authorizedinspection period for low-speed vehicles and that all parishesand municipalities which inspect motor vehicles exempt low-speed vehicles from such inspection.
SENATE CONCURRENT RESOLUTION NO. 123—BY SENATOR MICHOT
A CONCURRENT RESOLUTIONTo express the sincere condolences of the Legislature of Louisiana
upon the death of Robley P. "Shine" Domingue, a devotedpublic servant, husband, father, brother, grandfather and great-grandfather.
Respectfully submitted,CHARLES D. JONES
Chairman
The foregoing Senate Concurrent Resolutions were signed bythe President of the Senate.
AdjournmentSenator Bajoie moved that the Senate adjourn until Tuesday,
June 21, 2005, at 11:00 o'clock A.M.
The President of the Senate declared the Senate adjourned until11:00 o'clock A.M. on Tuesday, June 21, 2005.
GLENN A. KOEPPSecretary of the Senate
GAYE F. HAMILTONJournal Clerk