official journal of the senatesenate.legis.state.la.us/sessioninfo/archives/1998rs/... ·...

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OFFICIAL JOURNAL OF THE SENATE OF THE STATE OF LOUISIANA _______ SEVENTH DAY'S PROCEEDINGS _______ Twenty-Fourth Regular Session of the Legislature Under the Adoption of the Constitution of 1974 _______ Senate Chamber State Capitol Baton Rouge, Louisiana Tuesday, May 19, 1998 The Senate was called to order at 4:00 o'clock P.M., by Hon. Randy Ewing, President of the Senate. ROLL CALL The roll was called with the following result: PRESENT Mr. President Dyess Lambert Bagneris Ellington Landry Bajoie Fields C Lentini Barham Fields W Malone Bean Greene Robichaux Branch Hainkel Romero Cain Heitmeier Schedler Campbell Hines Short Casanova Hollis Siracusa Cox Irons Smith Cravins Johnson Tarver Dardenne Jones Theunissen Dean Jordan Ullo Total—39 ABSENT Total—0 The President of the Senate announced there were 39 Senators present and a quorum. Prayer The prayer was offered by Senator Greene, following which the Senate joined in pledging allegiance to the flag of the United States of America. Reading of the Journal On motion of Senator Greene, the reading of the Journal was dispensed with and the Journal of yesterday was adopted. Morning Hour Messages from the Governor The following messages from the Governor were received and read as follows: State of Louisiana Office of the Governor M. J. "MIKE FOSTER, JR. Governor May 18, 1998 The Honorable President and Members of the Senate Ladies and Gentlemen: I have appointed the persons on the attached list to the offices indicated. In compliance with Article IV, Section 5(H)(3) of the Louisiana Constitution of 1974, I do hereby present these names for your review. Sincerely, M. J. "MIKE" FOSTER, JR. Governor Accountability Advisory Committee, State Arnof, Ian Bierlein, Louann A Campbell, Sally S Cannon, George D Ducote, Jacklyn H Hamilton, Gwendolyn P Jacobs, Leslie R Recasner, M.D., Anthony Reily, Robert D Suire, Harold L Adjutant General of Louisiana Landreneau, Bennett C Aging, Louisiana Executive Board on Burns, Maureen K Fleming, Albert Paul Alcohol and Drug Abuse, Louisiana Commission on (1984) Hayward, Kathleen G Amite River Basin Drainage and Water Conservation District, Board of Commissioners of the Knost, Dotti G Stewart, Larry J Ancient Mounds Heritage Area & Trails Advisory Commission Barbry, Earl (Jr.) J Dawson, Lev M Trichell, Julia Beth Smith Williamson, Lehman Architectural Examiners, State Board of Angelle, Glenn Artist Laureate, Louisiana Bell, Johnny F Bell, Johnny O Arts Council, Louisiana State Pell, Raelene S Weems, Laura Jeter Weill, LeAnne Assisted Living, La. Advisory Committee on Burns, Maureen K Cranford, George R Killingsworth, Ed L Atchafalaya Basin Levee District, Board of Commissioners of Breaux, Ferdinand (Jr.) C Aviation Advisory Commission, Governor's Denton, Frank M Givens, John Dale Gonsoulin, Cheryl M Harper, Robert D Jones, Max E Krielow, Edwin J Lasserre, Jr., Rock H Lejeune, Larry Marino, Anthony J Barber Examiners, Board of Adams, James (Jr.) A Breaux, Gerald J Boggs Literacy Center Board Wall, Pamela D Boxing and Wrestling Commission, State Chauvin, Berwick "Buddy" Caddo Levee District, Board of Commissioners Washington, Willie G

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Page 1: OFFICIAL JOURNAL OF THE SENATEsenate.legis.state.la.us/SessionInfo/Archives/1998RS/... · 2002-07-18 · SEVENTH DAY'S PROCEEDINGS _____ Twenty-Fourth Regular Session of the Legislature

OFFICIAL JOURNALOF THE

SENATEOF THE

STATE OF LOUISIANA_______

SEVENTH DAY'S PROCEEDINGS_______Twenty-Fourth Regular Session of the Legislature

Under the Adoption of theConstitution of 1974

_______Senate Chamber

State CapitolBaton Rouge, Louisiana

Tuesday, May 19, 1998

The Senate was called to order at 4:00 o'clock P.M., by Hon.Randy Ewing, President of the Senate.

ROLL CALL

The roll was called with the following result:

PRESENT

Mr. President Dyess LambertBagneris Ellington LandryBajoie Fields C LentiniBarham Fields W MaloneBean Greene RobichauxBranch Hainkel RomeroCain Heitmeier SchedlerCampbell Hines ShortCasanova Hollis SiracusaCox Irons SmithCravins Johnson TarverDardenne Jones TheunissenDean Jordan Ullo Total—39

ABSENT

Total—0

The President of the Senate announced there were 39 Senatorspresent and a quorum.

Prayer

The prayer was offered by Senator Greene, following which theSenate joined in pledging allegiance to the flag of the United States ofAmerica.

Reading of the Journal

On motion of Senator Greene, the reading of the Journal wasdispensed with and the Journal of yesterday was adopted.

Morning Hour

Messages from the Governor

The following messages from the Governor were received and readas follows:

State of LouisianaOffice of the Governor

M. J. "MIKE FOSTER, JR.Governor

May 18, 1998

The Honorable President and Members of the Senate

Ladies and Gentlemen:

I have appointed the persons on the attached list to the officesindicated.

In compliance with Article IV, Section 5(H)(3) of the LouisianaConstitution of 1974, I do hereby present these names for your review.

Sincerely,M. J. "MIKE" FOSTER, JR.

Governor

Accountability Advisory Committee, StateArnof, Ian Bierlein, Louann ACampbell, Sally S Cannon, George DDucote, Jacklyn H Hamilton, Gwendolyn PJacobs, Leslie R Recasner, M.D., Anthony Reily, Robert D Suire, Harold L

Adjutant General of LouisianaLandreneau, Bennett C

Aging, Louisiana Executive Board onBurns, Maureen K Fleming, Albert Paul

Alcohol and Drug Abuse, Louisiana Commission on (1984)Hayward, Kathleen G

Amite River Basin Drainage and Water Conservation District,Board of Commissioners of theKnost, Dotti G Stewart, Larry J

Ancient Mounds Heritage Area & Trails Advisory CommissionBarbry, Earl (Jr.) J Dawson, Lev MTrichell, Julia Beth Smith Williamson, Lehman

Architectural Examiners, State Board ofAngelle, Glenn

Artist Laureate, LouisianaBell, Johnny F Bell, Johnny O

Arts Council, Louisiana StatePell, Raelene S Weems, Laura Jeter Weill, LeAnne

Assisted Living, La. Advisory Committee onBurns, Maureen K Cranford, George RKillingsworth, Ed L

Atchafalaya Basin Levee District, Board of Commissioners ofBreaux, Ferdinand (Jr.) C

Aviation Advisory Commission, Governor'sDenton, Frank M Givens, John Dale Gonsoulin, Cheryl M Harper, Robert DJones, Max E Krielow, Edwin JLasserre, Jr., Rock H Lejeune, Larry Marino, Anthony J

Barber Examiners, Board ofAdams, James (Jr.) A Breaux, Gerald J

Boggs Literacy Center BoardWall, Pamela D

Boxing and Wrestling Commission, StateChauvin, Berwick "Buddy"

Caddo Levee District, Board of CommissionersWashington, Willie G

Page 2: OFFICIAL JOURNAL OF THE SENATEsenate.legis.state.la.us/SessionInfo/Archives/1998RS/... · 2002-07-18 · SEVENTH DAY'S PROCEEDINGS _____ Twenty-Fourth Regular Session of the Legislature

Page 2 SENATE 7th DAY'S PROCEEDINGSMay 19, 1998

Cancer and Lung Trust Fund Board, LouisianaStevens, Jr., M.D., Lehrue Meeks, Barbara P Navarro, Ronald C

Capital Area Groundwater Conservation District,Board of Commissioners for the Counselors Board of Examiners, La Licensed ProfessionalBaugh, Homer W Brewer, Barry P Ganier (PhD.), Paul Remley, Jr., Theodore PKerr, Patrick J Wallace, Leo SWeller, Walter T

Capital Area Human Services DistrictArdoin, R. Kyle Rullman, John D Smith, Mary L

Cemetery Board, LouisianaMelancon, Gerald W Stewart, Jr., Frank BWilbert, Jr., John W Alesi, Girolamo J Donald, Dennis E

Child Care Facilities and Child Placing Agencies,Louisiana Advisory Committee on Licensing of Developmental Disabilities, Louisiana State Planning Council onAllen, John H Hathorn, Rhonda R Cuppett, William A Hill, Belinda VMartin, Fran S Meyer, Barry A Knapper, Mary B Leefe, Guy LSilverii, Lisa Smith, Dalene G Madison, Janice L Raymond, Ronnie JSmith, Dianne W Wells, Janet R Vincent, Jr., LeRoy AWilliams, Enola

Child Death Review PanelWhitty-Tucker, Margaret

Chiropractic Examiners, Louisiana Board ofBurch, Dwayne L Clay, Vera E Dardenne, (Sen) Jay L

Clinical Laboratory Personnel CommitteeBohrer, Elizabeth H Lemoine, Peter A Maxwell, Randy J McCain, Audrey (Rep) AManno, Barbara R McCole, Mary R Myer, Malcolm G Perrilloux, Yolanda P

CODESIL--Council for Development of Spanish in LouisianaPerez, Irvan J Welborn, Doug

CODOFIL--Council for the Development of French in Louisiana Drug Control and Violent Crime Policy BoardAncelet, Barry J Angers, Winston Thomas Naquin, David AArceneaux, William Aucoin, Preston NBabineaux, Allen M Babineaux, Nolan JBaudoin, Geraldine Belleau, Herbert Young, Christopher GBelleau, Mary de la Houssaye Bertrand, John ABroussard, Earlene E Cancienne, Jr., P. Edward Cappel, Vicki Cheramie, David J Bossetta, Patrick TCluse, Wilfred P Cox, James JCravins (Sen), Donald R David, James RDomengeaux, James H Domingue, Gerald B Goff, Marsha EDyess, Homer B Ewing, Rosemary UFandal, Carlos D Foret, J. Burton Gardiner, Jr., George E George, Aubrey B Carville, Donna B Gianna, Beverly Guidry, Richard J Hamilton, Gayle KHarris, Bertha "Bert" A Hurtig, Dr. Dolliann Lemieux, Donald J Marcantel, David EMoore, Deborah A Normand, Krueger G Beal, Calvin E Bell, David LOlivier, John L Patrick, Joe Cunningham, Kevin E Davis, Marshall EPerrin, Warren A Pierre, Rep Wilfred Morris, Edward P Pannell, James Pitre, Glen Roberts, Mauricette A Sherman, Jim GRobichaux-Babin, Oneita Roy, Sr., Chris JRyan, Jeanie D Savoie, Judy ASt. Amant, Madeline B Woerner, Elie J Long, (Rep) Jimmy Savoie, Dr. E. Joseph Zaunbrecher, Anthony

Commerce & Industry, Board ofBurgess, Gordon A

Correctional Facilities CorporationTodd, Sr., Pat S

Cosmetology, Louisiana State Board ofHand, Frances K Ibert, Toni H

LeBlanc, Dawnel P Matta, George

Robicheaux, Carolyn Smith, Bernice S

Deaf, Louisiana Commission for theAlleman, Clifton (Jr.) Broussard, Joseph (Jr.) LMagill, Medford W Mowad, Julie A

Veade, Mary Ann

Dentistry, Louisiana State Board of

McVea, Jr., Conrad P Wascom (D.D.S.), Vance L

Dietetics and Nutrition, Louisiana State Board of ExaminersBarrocas, Albert Lewis, Patricia I

Domestic Violence, Coordinating Council onAntoine, Jannitta H Carter, Mary "Merni" A

Garner-Gautreau, Marketa Kimball, Catherine "Kitty" DLassalle, Judge Annette M Litchfield, Elmer G

Scott, Susan D Spillman, Glen BStehr, Ayn W Walsh, Michael S

DWI-Vehicular Homicide, Governor's Task Force on

East Jefferson Levee District, Board of Commissioners

Economic Development Corporation, Louisiana

Economic Development Council, Louisiana

Economically Disadvantaged Business DevelopmentAdvisory Council

Education, Board of Control for Southern Regional

Egg Commission, LouisianaYarborough, Robert V

Elderly Affairs, Office ofArceneaux, Paul "Pete" (Jr.) F

Election Supervisors, Parish Boards ofMelancon, Alida "Peachy" C Upshaw, Coy E

Page 3: OFFICIAL JOURNAL OF THE SENATEsenate.legis.state.la.us/SessionInfo/Archives/1998RS/... · 2002-07-18 · SEVENTH DAY'S PROCEEDINGS _____ Twenty-Fourth Regular Session of the Legislature

7th DAY'S PROCEEDINGS Page 3 SENATEMay 19, 1998

Electric Deregulation, Special Committee on Individual Wastewater Treatment Systems, Task Force onRyder, J. Terry Stegall, Sr., William A

Embalmers and Funeral Directors, La. State Board of Interagency Coordinating Council, StateHenry, Billy C Aarstad, Katherine Adams, Sandra C

Emergency Medical Services Certification CommissionBenoit, Elizabeth B Bryant, Jimmie R Davis, Patricia W DeCourt-Johnson, Jill Eason, Kent W Lennie, Daniel J Guidroz, Stella D Gunning, Rosemary CPeck, M.D., Gary Q Reid (M.D.), Fred M Hines, Sen Donald E Hollister, Zan Salassi, Eugene E Sea, Dr. Charles Lancaster, Katherine Mouton, Annie L

Emergency Medical Services for Children Advisory CouncilEvans, Linda Y Pitre, Donald B Scallan, Evelyn Sharp, Brenda Barron

Employment Security Board of ReviewCox, Wayne B Mire, Thais Lawton Villar, Emery

Engineers and Land Surveyors,State Board of Registration for ProfessionalCoyle, Charles G Price, Bobby E Brown, J.S. "Si" (III) Chamberlin, Robert W

Film and Video Commission, LouisianaCain, Renee C Fisher, Ronald G Kabbani, Marwan

Gaming Control Board, LouisianaLastrapes, Jr., William D Morgan, Marcia D Perlis, Sharon ARichardson, Rupert F

Governor, Office of theEmick, Gwendolyn R Belanger, Kevin P Coyle, Jr., William E

Head & Spinal Cord Injury Advisory Board, TraumaticFutch, Sr., J. Richard Mernin, Joyce R Fontenot, Bill Gerhart, Warrdell XRoddy, Robin Y Harris, Ronnie C Huval, Sr., David S

Health and Hospitals, Department ofCastille, Charles F Hood, David W Pontiff, Roy A Raines, John R

Health Education Authority of Louisiana (HEAL) Judicial Compensation CommissionAllain, Mark P Norris, William (III)

Hearing Aid Dealers, Louisiana Board for Juvenile Justice and Delinquency Prevention,Istre, Clifton (Jr./Dr.) O Leger, Claudia BStroud, H. Keith Vines, Idabelle Bush, Bryan (Jr.) E

Highway Safety Commission, Louisiana Labor, State Department ofLabat, Leroy J Boudreaux, Dan Boutte, Sujuan M

Hippy (Home Instruction Program for Preschool Youngsters)Advisory BoardBradley, Henrietta F Frazier, Nettie BHarrison, Lillian B Harrison, Thomas O Bourgeois, Carl Jones, Candy McClure, Mary RParker, Janis H Schenk, Madalyn Schindler, Patricia J Seube, Sr., Lloyd J

Hospice Care, Advisory Committee on Latin American Business Development CommissionStewart, Julie (M.S.W.) R Clayton, Clifford (Joe) E Coyle, Jr., William E

Humanities, Louisiana Endowment for theMayer, Peter A Richardson, Miles (Dr.) Hilliard, Dalton Lopez, Ivan Thibodeaux, Ulysses G McConnell, Sherri E Minsky, Reynold S

Indigent Defense Assistance BoardCasey, Thomas A Ghetti, Michelle R Slatten, Jr., J. Edward Goff, IV, Addison K Hall, Jr., Pike Lee, Wayne J McLeod, Robert PPitcher, Jr., Freddie

Alarcon, Mollie M Barney, Sandra Batson, Susan W Beauvais, Linda

Myer, Malcolm G Osofsky, Joy DPace, Chriss L Poole-Hursey, Colleen

Snyder, Patricia Starrett, Andrea LZeanah, Charles

International Trade Development Board, LouisianaAbraham, Mark T Alonzo, Ronald TApp, William (Jr.) S Becht, Forrest LBohach, Donald Brinson, J. Ron

Conwell, Michael R Coyle, Jr., William EEnsenat, Donald B Evans, Jr., Robert G

Katz, Richard L Kight, III, James WKoch, Harvey C Meyer, James L

Interstate 49 South Project Task ForceAbell, Edward (Jr.) C Bauer, Carl W

Cunningham, Kevin E Danos, Garret HDiez, (Rep) John "Juba" C Fenstermaker, William H

Kreamer, Jean Thibodeaux Landry, (Sen) Ron JLeBourgeois, John Movassaghi, Kam K

Governor's Advisory Board of

Braxton, Rodney C Forster, Garey JJindal, Raj Watson, Dawn R

Lafourche Basin Levee District, Board of Commissioners of

Lake Borgne Basin Levee District, Board of Commissioners of

Cunningham, Kevin E Fenet, Robert WFontcuberta, Ralph (Jr.) P Hartley, Raymond G

Murray, Larry L Naquin, John Perret, Louis Reilly, Kevin P

Law Enforcement and Administration of Criminal Justice,Louisiana Commission onNormand, Newell D Stewart, Joe R

Page 4: OFFICIAL JOURNAL OF THE SENATEsenate.legis.state.la.us/SessionInfo/Archives/1998RS/... · 2002-07-18 · SEVENTH DAY'S PROCEEDINGS _____ Twenty-Fourth Regular Session of the Legislature

Page 4 SENATE 7th DAY'S PROCEEDINGSMay 19, 1998

LEARN Commission, Louisiana Board of Commissioners ofAbbott, Herschel (Jr.) L Biernacki, Mary B Hebert, Earl J Hunter, Bernie Branch, Michael (Sen.) F Crane, Carl Evans, Gustavia Gegenheimer, Cherreen HGraham, John J Johnson, Willie C. Ms Allen, D. Vernon Broussard, Jimmy McDonald, (Rep) Charles R Musemeche, Richard A Clark, Mike Ducharme, Robert "Rocky" Newell, Sarah F Theunissen, Gerald (Sen) Ramirez, Jr., Y. George

Library, Board of Commissioners of the Louisiana State Morial-N.O. Exhibition Hall Authority,Bienvenu, Millard J Kreamer, Jean Thibodeaux Peltier, Ann Armstrong Laners, Mary E

Litter Reduction and Public Action Commission Motor Vehicle Commission, LouisianaEmick, Gwendolyn R Burguieres, Ernest A Drago, Jacob G

Lottery Corporation, Board of Directors of the Louisiana State Museum, Board of Directors of the Louisiana StateDavis, Sr., S.P. Gentry, John S Turner, Suzanne WRogers, Oray P

Louisiana Interagency Action Council for the HomelessBrown, Sr., Reginald R Campbell, Virginia C Crump, Maxine Dural, Jr., Stanley Green, Justin J Jarrell, Linda V Harris-Knight, Jean C Li, Xiao-li McCaffery, Kathleen W Moss, Noel V Marsalis, Ellis Martin, Leroy AReese, Margaret Smith, Jackie Harris Rucker, William D Sensat, Albert WStages, Carl H Williams, Anthony J Sieberth, Lawrence Thomas, Ernest "Tabby" JWinder, Kim M Warwick, Margaret L Weigel, Jr, John J

Louisiana State University and Agricultural and MechanicalCollege, Board of Supervisors Natchitoches Levee and Drainage District,Jacobs, Stanley J

Maritime Advisory Task ForceAlario, Robert J Bollinger, Donald TBrinson, J. Ron Brontoli, Richard F Asprodites, Philip N Hanchey, James RCooper, II, Angus R Cramond, James Desmond, Christopher T Falgout, Ted MJohnsen, Erik L Lane, III, H. Merritt Colley, Arthur D Imes, Lynda LMartin, Cornel Rogers, Wilbur V Wilbert, Jr., John W

Math, Science and the Arts, Louisiana School for (1981) New Orleans Expressway Commission, GreaterJannise, Ryan M Bell, Mary Jean

Medical Assistance Trust Fund Advisory Council, Louisiana North Terrebonne Parish Drainage & Conservation DistrictVictorian, Jacquelyn B Wise, Stephen A

Medical Examiners, Louisiana State Board of Nursing, Louisiana State Board ofBordelon, Filmore (Jr.) P Laborde, Sr., M.D., Elmo J Bourgeois, Patsy Ford, Deborah

Military Advisory CommissionBertrand, James C Jakes, Sr., Brian PLandreneau, Bennett C McRight, Kelly B Bourg, John "Red" Chopin, Marc DStrickland, Joey Theunissen, Gerald (Sen) Lyles, Jr., Lloyd "Jimmy" J McMillen, Daniel PThompson, Samuel (III) S Siekkinen, Jack C

Mineral Board, State Oilfield Site Restoration CommissionArnold, Thomas (Jr.) L Besselman, Jr., James M Fruge, Wilfred Richard, Martin LDomino, Sr., Frank J Trickett, James F

Mississippi River Corridor Task Force Optometry Examiners, Louisiana State Board ofBrown, Grayling R Forster, Garey J Lewis, Stephen WFranklin, Isiah (Rev/Jr) Gautreaux, Karen KGivens, John Dale Guidry, Jr., George HHenderson, Elexia O Hood, David W Babin, Marlene LJohnson, Ernest L McDaniel, Michael (Dr.) DReilly, Kevin P Schumacher, William JSpicer, Bradley E Wilson, Jr., Jesse Clark, Fred Y Herford, Jim L

Mississippi River Road CommissionKleiner, Richard A Martinez, Mark M

Morgan City Harbor and Terminal District,

Morgan City, Berwick Port Pilot Commissioners and Examiners

Board of Commissioners of

Music Commission, LouisianaBall, Jane E Credo, III, William "Chuck" C

Wright, Roxy L

Board of Commissioners ofHenry, Jr., Ned

Natural Resources, Department of

Naval War Memorial Commission, Louisiana

Griener, Margaret M Monk, Grace D

Occupational Forecasting Conference

Orleans Parish Public Administrator

Parole, Board of

McCarstle, Gretchen

Patient's Compensation Fund Oversight BoardDarnell, Gary R Foret, Gerald L. MDLennie, Daniel J

Page 5: OFFICIAL JOURNAL OF THE SENATEsenate.legis.state.la.us/SessionInfo/Archives/1998RS/... · 2002-07-18 · SEVENTH DAY'S PROCEEDINGS _____ Twenty-Fourth Regular Session of the Legislature

7th DAY'S PROCEEDINGS Page 5 SENATEMay 19, 1998

Physical Fitness and Sports, Governor's Council on Rehabilitation Advisory Council, StateShilstone, Jr., Cecil M Blanchard, Lynn (Jr.) J Chighizola, Jr., Allen E

Pilots Association Fee Commission, Crescent River PortBach, Eugene (III) G Brown, John F LeDuff-Collins, Penny Lee, Jack HDelesdernier, Jr., Mark Gibbs, Allen JJohnson, Joseph C Loga, Scott ALoga, Sr., William P Short, Albert W Broussard, Robert (M.D.) C Guidry, Shelia M

Plumbing Board, StateGypin, Johnny R Jaeger, II, Robert F Parker, Ann C Pisani, Jr., Raymond A

Polygraph BoardWelch, Baxter W

Ponchartrain Levee District, Board of Commissioners for theGoudia, Kernell

Practical Nurse Examiners, State Board ofBordelon, Filmore (Jr.) P Chancellor, Ruby R Stone, David LConnelley, Roberta R Nelson, Rebecca ASonnier, Jr., William St. Martin, M.D., Eugene CTurnley, Jr., I.C. McLaren, Douglas Nash, Therman

Private Security Examiners, Louisiana State Board of (1984) Sabine River Compact AdministrationGahagan, Blaine M Brandon, George D

Project Restore Task Force Sanitarians, Louisiana State Board of Examiners forAydell, Dale Bahr, Len Lincecum, D. Gary Bibko, Peter N Bowman, Philip EBoydston, Philip E Burruss, Ann ECarville, Thomas E Fruge, Brent J Hood, David WGambrell, Robert P Givens, John Dale Graham, Jr., Henry T Janney, Clifford CKlerks, Paul L Levy, Linda K Deseran, Forrest A Gramling, Bob Lindsey, Joel Lyons, Richard M Keithly, Jr., Walter R Roberts, Kenneth JMathies, Peter S Mollere, William JPoche', Guy M Portier, Ralph Reed, Denise J Seals, Roger K Bassett, J. Richard Brister, Patricia PSpicer, Bradley E Van Beek, Johannes L Clausen, Sally Crouere, Jr., Joffre JVaughan, Katherine G Wood, Gulser G Dearbone, Moselle A Hawkins, Roderick K

Psychologists, La State Board of Examiners ofStubblefield, Beverly A Mount, Willie L Parnell, Noel B

Public Facilities Authority, Louisiana Board of Trustees of theAntoon, Thomas A Barron, Florice DBrennan, Owen "Pip" (Jr.) E Bussie, Victor Coleman, Jr., Lemon Barnes, Betsy Conlin, Mary V

Racing Commission, Louisiana StateRomero, Kenneth P

Real Estate Appraisal State Board of Certification, LouisianaMichel, Kirk M Thorns, Jr., Jimmie

Real Estate Commission, LouisianaRaines, Ann Roberts, Bruce GSongy, Judy B Sheffield, Charles H

Red River Parish Port Commission South Terrebonne Parish Tidewater Management andAlmond, William R Dill, Joseph AJackson, Jr., Tandy E Naquin, Thomas P Poiencot, Aloysius "Al"

Red River Waterway Commission Southern Rapid Rail Transit Commission,Gunter, Carl Maxey, James Franklin Owens, W. Alvin Taylor, Larry Barrow, Willie Durand, Glynn LThomas, Jr., Joel C Morial, Marc H Strain, R.H. Bill

Regents, Board of Southern University, Board of SupervisorsBarham, Erle E Baptiste, Harrison J Bell, David L

Dias, David Robert Dubel, Pamela Gaule, Michael G LaPoint, Scott R

Respiratory Care, Advisory Committee on

Hamilton, Elizabeth M Holladay (M.D.), Robert CKlein (M.D.), Russell C McGraw, Therese R

Sheybani (M.D.), Reza Wagley, Darryl

Revenue and Taxation, Department ofCrawford, Brett Fontenot, Claire B

Royal Street Project Advisory BoardColeman, Sr., James J Collins, Hugh MDiefenthal, Edward L Ogden, Roger H

Sabine River Authority, Board of Commissioners for the

School Based Health Clinic Task Force

Select Council on Shrimp Management

Serve Commission, Louisiana

Hufft, Major Jim Illes, Willie Jeansonne, Mary S Martien, Holly L

Priestley, Eugene Savoie, Dr. E. Joseph Talbert, Linda B

Shorthand Reporters, Certified Bd of Examiners

Hennigan, Jr., Lloyd E Long, Merrell L

Social Work Examiners, Louisiana State Board of CertifiedBond, Gay L

South Lafourche Levee District, Board of CommissionersGremillion, Ernest J

South Tangipahoa Parish Port Commission

Conservation District

Formerly LA-MISS-AL Transit Comm

Page 6: OFFICIAL JOURNAL OF THE SENATEsenate.legis.state.la.us/SessionInfo/Archives/1998RS/... · 2002-07-18 · SEVENTH DAY'S PROCEEDINGS _____ Twenty-Fourth Regular Session of the Legislature

Page 6 SENATE 7th DAY'S PROCEEDINGSMay 19, 1998

Bell, Dottie H Bilberry, Jesse (Jr.) B

Special Events District BoardMagee, Michael M

Statewide Independent Living CouncilBateman, Henry Guillory, Joan D Brand, Keith W Cox, Cathi Lamothe, Maurice H Mark, Yadi D Guidry, David Guilott, Maria CMorris, Johnnie A Hernandez, Jr., Matthew B Holt, Sibal S

Student Financial Assistance Commission,Louisiana (FormerlyGov's Special Commission of Ed Services)Jones, William C Pugh, Gordon A Reine, Louis S

Technology Advisory Committee, StateAbshire, Sheryl R Allerton, William (III) Bierlein, Louann A Brock, Harold "Jeff" (Jr.) H Secretary of StateBurns, Jeanne (M.D.) Clinton, James H State of LouisianaCourtney, Beth Curette, Margaret A W. FOX MCKEITHENDavidson, Kerry Dill, Gerald MGuice, L. Keith Howell, Lawrence U May 14, 1998Johnson, Keith Mitchell-Grubb, Yvonne Snell, Thomas D Thomas, Lajeane G Honorable President andWhelan, Carol S Members of the Senate

Telemedicine and Distance Education, Coordinating Council onCollins, Jason H McCanless (MD), Christopher MPoche', Guy M Gentlemen:

Television Authority, Louisiana EducationalCrowe, Carl K Eaton, Mary Frey J. Gaubert, III, as a member of the Governing Board of the EdwardHarry, Felicia L Lauricella, Betty V Douglas White Historical Site. He will serve the remainder of the termThornton, Deano concurrent with the Governor. Mr. Gaubert is a member of the

Tensas Basin Levee District, Board of Commissioners ofBrown, A. Harris Thank you for your attention to this matter.

Tourism Development Commission, LouisianaHamer, Sr., Greg J McLemore, Oran Fred W. FOX MCKEITHEN

Transportation Infrastructure Model for Economic DevelopmentReview Task ForceBabin, Pete Bessette, Harvey W. FOX MCKEITHENCopeland, Hyram Cunningham, Kevin EDameron, Stanley Dastugue, Quentin D May 14, 1998Dent, Jr., Fred C Denton, Frank MDrennen, Mark C Jagot, Don Honorable President andJames, Thomas D Keller, Richard T Members of the SenateLawson, Myron K Meyer, James LMovassaghi, Kam K Pody, Elton C RE: Regional Museum Governing Board of the Louisiana State ExhibitPrice, Harold Roach, Randall E MuseumSawyer, Virginia "Ginger" R Spain, John MWax, J. L Gentlemen:

University of Louisiana System (Board of Trustees)Kilpatrick, Tex R Woods, Michael H of the board for confirmation:

Used Motor Vehicle and Parts Commission, Louisiana (1984)Friederichsen, Richard G 919 Parkway Drive 2 year term

Veterans Affairs CommissionHuggins, Charles E Ben E. Coleman Appointed from Friends

Veterinary Medicine Examiners, Louisiana Board ofGowan, George E

West Jefferson Levee District, Board of CommissionersOrgeron, Eugene Shreveport, LA 71101

Wildlife and Fisheries Commission, LouisianaBusbice, Bill (Jr.) A Kelly, Thomas E 539 Dunmoreland 4 year term

Worker's Compensation Corporation, Board of DirectorsTemple, Jr., Aubrey T

Workforce Development Commission, LouisianaAlexander, Nancy (M.D.) Andre, Alden LBerard, Dailey J Billings, Richard W

Levata, Anthony M Liuzza, Jr., Vincent JMcCotter, J. Kevin McDonald, Jr, Alden JOliver, Eva M Owens, James R

Robert, Sr., Ronald J Rush, J. Jay Stokes, Ann M Weaver, Chris W

RE: Governing Board of the Edward Douglas White Historical Site

Pursuant to R.S. 25:380.11, I hereby, submit for confirmation, Dennis

Louisiana State Bar Association.

Sincerely,

Secretary of StateSecretary of StateState of Louisiana

Pursuant to R.S. 25:379.1, I hereby submit the following members

Anne W. Brittain Representing Natchitoches Parish

Natchitoches, LA 71457

509 Market Street 4 year termShreveport, LA 71101

Sarie Jourbert-Durr Appointed from FriendsP. O. Box 1237 4 year term

Deborah M. Grand Appointed from Friends

Page 7: OFFICIAL JOURNAL OF THE SENATEsenate.legis.state.la.us/SessionInfo/Archives/1998RS/... · 2002-07-18 · SEVENTH DAY'S PROCEEDINGS _____ Twenty-Fourth Regular Session of the Legislature

7th DAY'S PROCEEDINGS Page 7 SENATEMay 19, 1998

Shreveport, LA 71106

Kenneth L. Hickman Appointed from Friends P. O. Box 406 13012 Ardoin Cove Rd.401 Edwards Street, Suite 905 4 year term Colfax, La 71417 Welsh, La 70591Shreveport, LA 71101

Betty G. McDonald Appointed from Friends Wilfred J. Christian Robin D. Mcguire4700 Fairfield Avenue 4 year term 1137 Madeline St. 201 Rue Iberville, Ste. 210Shreveport, LA 71106 Lafayette, La 70501 Lafayette, La 70508

Kellie G. Morris Appointed from Friends Cynthia M. Soileau Gregory F. WilliamsP. O. Box 225 4 year term 101b Wadsworth Dr. 2314 Kaliste Saloom Rd., #809Belcher, LA 71004 Maurice, La 70555 Lafayette, La 70508

Donald A. Webb Appointed from Friends5709 Lakefront Drive 4 year term Laura A. Bacle Esther L. GrantShreveport, LA 71119 P. O. Box 11 1207 Eastland Ave.

Your attention to this matter is greatly appreciated.

Sincerely, Mark P. Glago Robert P. HarperW. FOX MCKEITHEN 2222 Canal St. 700 Camp St.

Secretary of State New Orleans, La 70119 New Orleans, La 70130

M. J. "MIKE" FOSTER, JR. Deborah O. NolanGovernor 1344 St. Ann Pl.

State of Louisiana Slidell, La 70460Office of the Governor

Baton Rouge, Louisiana

May 18, 1998 3922 Dickinson Rd.

To the Honorable President and members of the Senate:

Please be advised that the following individuals have been Teresa J. Alexander Leo Dorseycommissioned as Notaries Public for the parishes indicated through May 3232 Baldwin Ave. P. O. Box 190614, 1998. In compliance with Article IV, Section 5(H)(3) of the Alexandria, La 71301 Alexandria, La 71309-1906Louisiana Constitution of 1974, I do hereby present them for yourreview. Vickie L. Duffy

Sincerely, Alexandria, La 71301M. J. "MIKE" FOSTER, JR.

AcadiaMarica G. Fontenot 460 Clayton Dr. 705 N. Theatre St.211 N. Parkerson Norco, La 70079 St. Martinville, La 70582Crowley, La 70526

AvoyellesSusan Ducote Gauthier Starr Lynn Gremillion 3201 Wytchwood Dr.1861 Hwy. 1179 336 Edwin Gremillion Rd. Morgan City, La 70380Plaucheville, La 71362 Hessmer, La 71341

Marilyn Monsour Kelone Julliette C. Ducre Catherine C. HymelP. O. Box 289 P. O. Box 1011 116 Blue Heron Dr.Hessmer, La 71341 Lacombe, La 70445 Mandeville, La 70471

DesotoKathy Ann Ramsey P. O. Box 60643 P. O. Box 2005110 Kingfisher Tr. New Orleans, La 70160-0643 Covington, La 70434-2005Stonewall, La 71078

East Baton RougeO. Young Bonner Patsy D. Dispenza Slidell, La 70458 Covington, La 70435265 S. Foster Dr. 17145 Sharpsburg Ave.Baton Rouge, La 70806 Baton Rouge, La 70817

Charlene C. Larche Dawn E. Segura 1090 Cinclare St.425 a Longwood Ct. 4500 Sherwood Common Blvd., #1519 Port Allen, La 70767Baton Rouge, La 70806 Baton Rouge, La 70816

Grant Jefferson DavisElner Rose Tolbert Erin Meagan Moore

Lafayette

Lasalle Lincoln

Jena, La 71342 Ruston, La 71270

Orleans

Pointe CoupeeBarbara A. Holcombe

Lakeland, La 70752

Rapides

201 Johnston St., Ste. 200

St. Charles St. MartinChris M. Trepagnier Mark E. Melancon

St. MaryJudy L. Miller

St. Tammany

Arthur H. Leith Deborah K. Leith

Linda R. Marinello Deborah Murphy1308 Ninth St. 76023 Hwy. 1081

West Baton RougeThomas J. Thompson

Privilege Report of the

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Page 8 SENATE 7th DAY'S PROCEEDINGSMay 19, 1998

Legislative Bureau

May 18, 1998

To the President and Members of the Senate:

I am directed by your Legislative Bureau to submit the followingreport:

The following bills are approved as to construction and duplication.We advise and suggest the following amendments to the engrossed bills.

HOUSE BILL NO. 43—BY REPRESENTATIVE ALARIO

AN ACTTo enact R.S. 47:287.95(J), relative to the corporation income tax; to

provide for common paymaster situations with respect to salary,wages, and other compensation; to provide for an effective date;and to provide for related matters.

Reported without amendments.

HOUSE BILL NO. 44—BY REPRESENTATIVE ALARIO

AN ACTTo amend and reenact R.S. 47:1031, relative to the natural gas franchise

tax; to provide that the tax is imposed on the exercise of acorporation franchise or charter or the continuance of suchfranchise or charter; to provide for an effective date; and to providefor related matters.

Reported without amendments.

HOUSE BILL NO. 56—BY REPRESENTATIVE ALARIO

AN ACTTo amend and reenact R.S. 47:287.11(A), relative to corporation

income tax; to provide that any entity taxed as a corporation forfederal income tax purposes will also be taxed as a corporation forstate income tax purposes; to provide for the applicability of suchprovision; and to provide for related matters.

Reported without amendments.

HOUSE BILL NO. 57—BY REPRESENTATIVE ALARIO

AN ACTTo amend and reenact R.S. 47:287.732(A) and to enact R.S.

47:287.732(C) and 287.732.1, relative to the state income taxliability of S corporations and qualified Subchapter S subsidiarycorporations; to provide for an effective date; and to provide forrelated matters.

Reported with amendments.

LEGISLATIVE BUREAU AMENDMENTS

Amendments proposed by Legislative Bureau to Engrossed House BillNo. 57 by Representative Alario

AMENDMENT NO. 1On page 3, line 24, following "Section 2." and before "for" change"Effective" to "This Act shall become effective"

HOUSE BILL NO. 109—BY REPRESENTATIVES ALARIO

AN ACTTo enact R.S. 47:606(F), relative to corporation franchise tax; to provide

for the allocation of property and net sales when a corporationmerges; to provide for an effective date; and to provide for relatedmatters.

Reported without amendments.

HOUSE BILL NO. 110—BY REPRESENTATIVE ALARIO

AN ACTTo amend and reenact R.S. 47:601, 606(C), and 611, relative to the

corporation franchise tax; to repeal the minimum tax; to providefor a one-time initial corporation franchise tax; to exempt certaincorporations from the tax; to provide for an effective date; and toprovide for related matters.

Reported with amendments.

LEGISLATIVE BUREAU AMENDMENTS

Amendments proposed by Legislative Bureau to Engrossed House BillNo. 110 by Representative Alario

AMENDMENT NO. 1On page 2, line 10, following "hundred" and before "dollars" insert"thousand"

HOUSE BILL NO. 226—BY REPRESENTATIVE MCDONALD AND SENATOR BARHAM

AN ACTTo repeal R.S. 47:7, Subpart C-1 of Part 1 of Chapter 1 of Subtitle II of

the Louisiana Revised Statutes of 1950, composed of R.S. 47:85through 89, 284, 305(C)(1), 305.12, 305.21, 305.24, 305.27,305.29, 305.34, 305.35, 317, 614, 615, 633.1(A), (B), and (D),644, 648.11, 868(A), 1009, 1039, and Chapter 16 of Subtitle II ofTitle 47 of the Louisiana Revised Statutes of 1950, composed ofR.S. 47:1301 through 1351, relative to certain tax dedications,exemptions, credits, and special rate taxes; to repeal certaindedications; to repeal certain tax exemptions, credits, and specialrate severance taxes for which an exclusion has been enacted orwhich are no longer effective because of their terms; and toprovide for related matters.

Reported without amendments.Respectfully submitted,DENNIS BAGNERIS

Chairman

Adoption of Legislative Bureau Report

On motion of Senator Bagneris, the Legislative Bureauamendments were adopted and the Bills and Joint Resolutions wereread by title and passed to a third reading.

Messages from the House

The following Messages from the House were received and readas follows:

Message from the House

CONCURRING INSENATE CONCURRENT RESOLUTIONS

May 19, 1998

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:

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SENATE CONCURRENT RESOLUTION NO. 13—BY SENATOR LANDRY

A CONCURRENT RESOLUTIONTo continue the Atchafalaya and Tech-Vermilion Flood Control

Advisory Commission, as created by Senate Concurrent ResolutionNo. 76 of the 1997 Regular Session, to study and make AN ACTrecommendations relative to solutions to the flood problems in the To enact R.S. 33:2740.38, to authorize the governing authority of Allenparishes of Rapides, Avoyelles, St. Landry, Evangeline, Lafayette, Parish to impose a one percent hotel occupancy tax within theSt. Martin, Vermilion, Iberia, and St. Mary. parish to be used to fund capital improvements in the parish; and

Reported without amendments.

SENATE CONCURRENT RESOLUTION NO. 28—BY SENATOR ULLO

A CONCURRENT RESOLUTION To enact R.S. 33:2740.1.1, relative to ad valorem taxes for publicTo commend and congratulate Paul Atkinson on thirty-three years of cemetery maintenance; to authorize the governing authority of

service as a newspaper reporter with the Times-Picayune. Morehouse Parish to levy ad valorem taxes in any ward for the

Reported without amendments. related matters.

Respectfully submitted,ALFRED W. SPEER

Clerk of the House of Representatives

Message from the House

ASKING CONCURRENCE INHOUSE BILLS AND JOINT RESOLUTIONS

May 19, 1998

To the Honorable President and Members of the Senate:

I am directed to inform your honorable body that the House ofRepresentatives has finally passed and asks your concurrence in thefollowing House Bills and Joint Resolutions:

HOUSE BILL NO. 8—BY REPRESENTATIVE WALSWORTH

AN ACTTo amend and reenact R.S. 47:6005(C)(1), relative to the tax credit for

purchases of qualified recycling equipment; to extend the timeperiod during which such purchases may be eligible for the credit;and to provide for related matters.

HOUSE BILL NO. 25—BY REPRESENTATIVE MONTGOMERY

AN ACTTo amend and reenact Section 2 of Act No. 8 of the 1996 Regular

Session of the Legislature, relative to the sales and use tax; toextend the time period of the exemption for certain trucks andtrailers used in interstate commerce; to provide for an effectivedate; and to provide for related matters.

HOUSE BILL NO. 62—BY REPRESENTATIVE ALARIO

AN ACTTo amend and reenact R.S. 47:633(7)(b) and (c)(i), relative to the

severance tax; to authorize the Department of Revenue to certifyincapable and stripper oil wells; to provide for the value used todetermine the exemption for certified stripper well production; toprovide for an effective date; and to provide for related matters.

HOUSE BILL NO. 75—BY REPRESENTATIVES CHAISSON, R. ALEXANDER, BOWLER, DANIEL,DEVILLE, DIEZ, DURAND, FAUCHEUX, HAMMETT, HEATON, HUNTER,JETSON, LANCASTER, LANDRIEU, MARTINY, MONTGOMERY, ODINET,PIERRE, POWELL, VITTER, WALSWORTH, AND WINSTON

AN ACTTo amend and reenact Section 3 of Act Number 12 of the 1996 Regular

Session of the Legislature, relative to the sales and use tax; toextend the effective period of the exclusion for certain transactions

involving motor vehicles purchased for subsequent lease; toprovide for an effective date; and to provide for related matters.

HOUSE BILL NO. 104—BY REPRESENTATIVE HILL

to provide for related matters.

HOUSE BILL NO. 106—BY REPRESENTATIVE MCDONALD

AN ACT

maintenance and upkeep of public cemeteries; and to provide for

HOUSE BILL NO. 115—BY REPRESENTATIVE MONTGOMERY

AN ACTTo enact R.S. 33:2740.38, relative to Bossier Parish; to authorize,

subject to voter approval, the levy of an ad valorem tax in theparish; to provide relative to the amount, duration, collection, anduse of such tax; to provide for the entity which is authorized to levysuch tax; and to provide for related matters.

HOUSE BILL NO. 100—BY REPRESENTATIVES DOWNER, DEWITT, AND MCMAINS ANDSENATORS EWING, DARDENNE, HAINKEL, BARHAM, AND ROMERO

AN ACTTo amend Act No. 28 of the 1997 Regular Session of the Legislature,

relative to the comprehensive capital budget, by adding thereto anew Section, relative to the Driver Training Facility in the office ofmanagement and finance of the Department of Public Safety andCorrections; and to provide for related matters.

HOUSE BILL NO. 124—BY REPRESENTATIVE MONTGOMERY

AN ACTTo enact R.S. 40:1501(E)(8), relative to East-Central Bossier Parish

Fire District No. 1; to authorize the governing authority of thedistrict to levy and collect, subject to voter approval, an additionaltax for maintenance and operation of the fire district; and toprovide for related matters.

HOUSE BILL NO. 134—BY REPRESENTATIVES STELLY AND FLAVIN

AN ACTTo enact R.S. 40:1501.4, relative to fire protection districts operating in

Calcasieu Parish; to prohibit the collection of certain ad valoremtaxes by such districts in areas which have been annexed bymunicipalities; to provide for exceptions; and to provide for relatedmatters.

HOUSE BILL NO. 145—BY REPRESENTATIVES MONTGOMERY AND FAUCHEUX

AN ACTTo amend and reenact Section 2 of Act 10 of the 1996 Regular Session

of the Legislature, relative to the tax credit for donations to the OldState Capitol, the State Capitol Complex, and the State Archival,Historical and Public Records Services; to change the provisionwhich made such credit null and void on June 30, 1998.

HOUSE BILL NO. 7—BY REPRESENTATIVES JOHN SMITH, DANIEL, DURAND, FAUCHEUX,AND PIERRE

AN ACTTo amend and reenact R.S. 47:633(7)(c)(iv)(aa) and 648.2(1)(c),

relative to severance tax suspensions; to extend the period forseverance tax suspensions for inactive and new discovery wells;and to provide for related matters.

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HOUSE BILL NO. 69—BY REPRESENTATIVE HAMMETT

AN ACTTo amend and reenact R.S. 47:358(B), relative to occupational license

tax on certain public utilities; to provide for imposition of the taxat each place of business; to define business location; and toprovide for related matters.

HOUSE BILL NO. 270—BY REPRESENTATIVE LEBLANC

AN ACTTo provide with respect to the Revenue Sharing Fund and the allocation

and distribution thereof for Fiscal Year 1998-1999; and to providefor related matters.

HOUSE BILL NO. 211—BY REPRESENTATIVE THOMPSON

AN ACTTo enact R.S. 40:1505.1, relative to certain fire protection districts in

Richland Parish; to authorize such districts to levy an additionalparcel fee; to provide with respect to the levy and collection of suchfee; and to provide for related matters.

HOUSE BILL NO. 229—BY REPRESENTATIVE DANIEL

AN ACTTo amend and reenact Section 2 of Act No. 29 of the 1996 Regular

Session of the Legislature, relative to the sales and use tax; toprovide for the extension of the exemption and suspension forboiler fuel; and to provide for related matters.

Respectfully submitted,ALFRED W. SPEER

Clerk of the House of Representatives

House Bills and Joint Resolutions

Senator Bagneris asked for and obtained a suspension of the rulesto take up at this time the following House Bills and Joint Resolutionsjust received from the House which were taken up, read a first andsecond time by their titles and acted upon as follows:

HOUSE BILL NO. 7—BY REPRESENTATIVES JOHN SMITH, DANIEL, DURAND, FAUCHEUX,AND PIERRE

AN ACTTo amend and reenact R.S. 47:633(7)(c)(iv)(aa) and 648.2(1)(c),

relative to severance tax suspensions; to extend the period forseverance tax suspensions for inactive and new discovery wells;and to provide for related matters.

On motion of Senator Bagneris, the bill which is a duplicate ofSenate Bill No. 62 was read by title and referred to the Committee onRevenue and Fiscal Affairs.

HOUSE BILL NO. 8—BY REPRESENTATIVE WALSWORTH

AN ACTTo amend and reenact R.S. 47:6005(C)(1), relative to the tax credit for

purchases of qualified recycling equipment; to extend the timeperiod during which such purchases may be eligible for the credit;and to provide for related matters.

On motion of Senator Bagneris, the bill was read by title andreferred to the Committee on Revenue and Fiscal Affairs.

HOUSE BILL NO. 25—BY REPRESENTATIVE MONTGOMERY

AN ACTTo amend and reenact Section 2 of Act No. 8 of the 1996 Regular

Session of the Legislature, relative to the sales and use tax; toextend the time period of the exemption for certain trucks and

trailers used in interstate commerce; to provide for an effectivedate; and to provide for related matters.

On motion of Senator Bagneris, the bill was read by title andreferred to the Committee on Revenue and Fiscal Affairs.

HOUSE BILL NO. 62—BY REPRESENTATIVE ALARIO

AN ACTTo amend and reenact R.S. 47:633(7)(b) and (c)(i), relative to the

severance tax; to authorize the Department of Revenue to certifyincapable and stripper oil wells; to provide for the value used todetermine the exemption for certified stripper well production; toprovide for an effective date; and to provide for related matters.

On motion of Senator Bagneris, the bill was read by title andreferred to the Committee on Revenue and Fiscal Affairs.

HOUSE BILL NO. 69—BY REPRESENTATIVE HAMMETT

AN ACTTo amend and reenact R.S. 47:358(B), relative to occupational license

tax on certain public utilities; to provide for imposition of the taxat each place of business; to define business location; and toprovide for related matters.

On motion of Senator Bagneris, the bill was read by title andreferred to the Committee on Revenue and Fiscal Affairs.

HOUSE BILL NO. 75—BY REPRESENTATIVES CHAISSON, R. ALEXANDER, BOWLER, DANIEL,DEVILLE, DIEZ, DURAND, FAUCHEUX, HAMMETT, HEATON, HUNTER,JETSON, LANCASTER, LANDRIEU, MARTINY, MONTGOMERY, ODINET,PIERRE, POWELL, VITTER, WALSWORTH, AND WINSTON

AN ACTTo amend and reenact Section 3 of Act Number 12 of the 1996 Regular

Session of the Legislature, relative to the sales and use tax; toextend the effective period of the exclusion for certain transactionsinvolving motor vehicles purchased for subsequent lease; toprovide for an effective date; and to provide for related matters.

On motion of Senator Bagneris, the bill was read by title andreferred to the Committee on Revenue and Fiscal Affairs.

HOUSE BILL NO. 100—BY REPRESENTATIVES DOWNER, DEWITT, AND MCMAINS ANDSENATORS EWING, DARDENNE, HAINKEL, BARHAM, AND ROMERO

AN ACTTo amend Act No. 28 of the 1997 Regular Session of the Legislature,

relative to the comprehensive capital budget, by adding thereto anew Section, relative to the Driver Training Facility in the office ofmanagement and finance of the Department of Public Safety andCorrections; and to provide for related matters.

On motion of Senator Bagneris, the bill was read by title andreferred to the Committee on Revenue and Fiscal Affairs.

HOUSE BILL NO. 104—BY REPRESENTATIVE HILL

AN ACTTo enact R.S. 33:2740.38, to authorize the governing authority of Allen

Parish to impose a one percent hotel occupancy tax within theparish to be used to fund capital improvements in the parish; andto provide for related matters.

On motion of Senator Bagneris, the bill was read by title andreferred to the Committee on Local and Municipal Affairs.

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HOUSE BILL NO. 106— HOUSE BILL NO. 229—BY REPRESENTATIVE MCDONALD BY REPRESENTATIVE DANIEL

AN ACT AN ACTTo enact R.S. 33:2740.1.1, relative to ad valorem taxes for public To amend and reenact Section 2 of Act No. 29 of the 1996 Regular

cemetery maintenance; to authorize the governing authority of Session of the Legislature, relative to the sales and use tax; toMorehouse Parish to levy ad valorem taxes in any ward for the provide for the extension of the exemption and suspension formaintenance and upkeep of public cemeteries; and to provide for boiler fuel; and to provide for related matters.related matters.

On motion of Senator Bagneris, the bill was read by title and referred to the Committee on Revenue and Fiscal Affairs.referred to the Committee on Revenue and Fiscal Affairs.

HOUSE BILL NO. 115—BY REPRESENTATIVE MONTGOMERY

AN ACT To provide with respect to the Revenue Sharing Fund and the allocationTo enact R.S. 33:2740.38, relative to Bossier Parish; to authorize, and distribution thereof for Fiscal Year 1998-1999; and to provide

subject to voter approval, the levy of an ad valorem tax in the for related matters.parish; to provide relative to the amount, duration, collection, anduse of such tax; to provide for the entity which is authorized to levy On motion of Senator Bagneris, the bill was read by title andsuch tax; and to provide for related matters. referred to the Committee on Finance.

On motion of Senator Bagneris, the bill was read by title andreferred to the Committee on Local and Municipal Affairs.

HOUSE BILL NO. 124—BY REPRESENTATIVE MONTGOMERY

AN ACTTo enact R.S. 40:1501(E)(8), relative to East-Central Bossier Parish

Fire District No. 1; to authorize the governing authority of thedistrict to levy and collect, subject to voter approval, an additionaltax for maintenance and operation of the fire district; and toprovide for related matters.

On motion of Senator Bagneris, the bill was read by title andreferred to the Committee on Local and Municipal Affairs.

HOUSE BILL NO. 134—BY REPRESENTATIVES STELLY AND FLAVIN

AN ACTTo enact R.S. 40:1501.4, relative to fire protection districts operating in

Calcasieu Parish; to prohibit the collection of certain ad valoremtaxes by such districts in areas which have been annexed bymunicipalities; to provide for exceptions; and to provide for relatedmatters.

On motion of Senator Bagneris, the bill which is a duplicate ofSenate Bill No. 7 was read by title and referred to the Committee onLocal and Municipal Affairs.

HOUSE BILL NO. 145—BY REPRESENTATIVES MONTGOMERY AND FAUCHEUX

AN ACTTo amend and reenact Section 2 of Act 10 of the 1996 Regular Session

of the Legislature, relative to the tax credit for donations to the OldState Capitol, the State Capitol Complex, and the State Archival,Historical and Public Records Services; to change the provisionwhich made such credit null and void on June 30, 1998.

On motion of Senator Bagneris, the bill was read by title andreferred to the Committee on Revenue and Fiscal Affairs.

HOUSE BILL NO. 211—BY REPRESENTATIVE THOMPSON

AN ACTTo enact R.S. 40:1505.1, relative to certain fire protection districts in

Richland Parish; to authorize such districts to levy an additionalparcel fee; to provide with respect to the levy and collection of suchfee; and to provide for related matters.

On motion of Senator Bagneris, the bill was read by title andreferred to the Committee on Local and Municipal Affairs.

On motion of Senator Bagneris, the bill was read by title and

HOUSE BILL NO. 270—BY REPRESENTATIVE LEBLANC

AN ACT

Messages from the House

The following Messages from the House were received and readas follows:

Message from the House

ASKING CONCURRENCE INHOUSE CONCURRENT RESOLUTIONS

May 19, 1998

To the Honorable President and Members of the Senate:

I am directed to inform your honorable body that the House ofRepresentatives has finally passed and asks your concurrence in thefollowing House Concurrent Resolutions:

HOUSE CONCURRENT RESOLUTION NO. 50—BY REPRESENTATIVES WILKERSON AND PRATT AND SENATOR BAJOIE

A CONCURRENT RESOLUTIONTo commend Delta Sigma Theta Sorority for its achievements and

designate May 19, 1998, as Delta Sigma Theta Sorority LegislativeDay at the Louisiana Legislature.

HOUSE CONCURRENT RESOLUTION NO. 49—BY REPRESENTATIVE CARTER

A CONCURRENT RESOLUTIONTo commend Sergeant Joseph Day for being selected "Correctional

Officer of the Year" in Louisiana for the year 1996.

HOUSE CONCURRENT RESOLUTION NO. 52—BY REPRESENTATIVE JOHN SMITH

A CONCURRENT RESOLUTIONTo declare July 5, 1998, to be Future Homemakers of America Day in

the state of Louisiana.

HOUSE CONCURRENT RESOLUTION NO. 53—BY REPRESENTATIVE DAMICO

A CONCURRENT RESOLUTIONTo express the condolences of the Legislature of Louisiana upon the

death of Mrs. Anna Federico Jourdan, the well-known volunteerfounder of the Jefferson Parish Council on Aging.

HOUSE CONCURRENT RESOLUTION NO. 54—BY REPRESENTATIVE CLARKSON

A CONCURRENT RESOLUTIONTo commend Ms. Dione Harmon for her unequaled and unheralded

dedication, devotion, and commitment to revitalization, restoration,and preservation efforts within the Algiers community and the city

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of New Orleans and to express an appreciation for the interest thatshe has sparked throughout the state of Louisiana.

HOUSE CONCURRENT RESOLUTION NO. 55—BY REPRESENTATIVE DURAND

A CONCURRENT RESOLUTION Louisiana Transportation Research Center, Louisiana StateTo recognize and commend the village of Parks upon the occasion of its University, the Louisiana Transportation Research Center

one hundredth birthday and centennial celebration in July, 1998. Foundation, Inc., and private sector transportation entities to plan,

HOUSE CONCURRENT RESOLUTION NO. 56—BY REPRESENTATIVE MURRAY

A CONCURRENT RESOLUTIONTo express the condolences of the Legislature of Louisiana upon the A CONCURRENT RESOLUTION

death of Mr. James Bruce McConduit of New Orleans. To urge and request the Department of Transportation and

HOUSE CONCURRENT RESOLUTION NO. 57—BY REPRESENTATIVE MURRAY AND IRONS

A CONCURRENT RESOLUTIONTo express the condolences of the Legislature of Louisiana upon the

death of Mr. Ross "Teddy" Vaughn, Sr. of New Orleans.

HOUSE CONCURRENT RESOLUTION NO. 8—BY REPRESENTATIVE LONG

A CONCURRENT RESOLUTIONTo urge and request the Department of Transportation and

Development to conduct a study, working in cooperation with thestate librarian, to determine the need for the erection of signs onLouisiana highways directing interested persons to Louisiana'spublic libraries.

HOUSE CONCURRENT RESOLUTION NO. 20—BY REPRESENTATIVE THERIOT

A CONCURRENT RESOLUTIONTo urge and request the Department of Transportation and

Development to install a traffic light at the intersection ofLouisiana Highway 1 and the access road to Louisiana Highway3235 in Cut Off, Louisiana, Lafourche Parish.

HOUSE CONCURRENT RESOLUTION NO. 30—BY REPRESENTATIVES ODINET AND WARNER

A CONCURRENT RESOLUTIONTo memorialize the United States Congress to take such actions as are

necessary to amend the Highway Beautification Act of 1965 torevise provisions relating to the lighting requirements of outdooradvertising signs, displays, and devices in areas adjacent to theInterstate System and the Federal-Aid primary system.

HOUSE CONCURRENT RESOLUTION NO. 31—BY REPRESENTATIVES ODINET AND WARNER

A CONCURRENT RESOLUTIONTo urge and request the Louisiana Department of Transportation and

Development and the United States Department of Transportationto renegotiate or modify their agreement relative to control ofoutdoor advertising in areas adjacent to the national system ofInterstate and Defense Highways and the Federal-Aid PrimarySystem in order to allow outdoor advertising signs in zoned andunzoned commercial and industrial areas which contain, include,or are illuminated by flashing, intermittent, or moving light orlights.

HOUSE CONCURRENT RESOLUTION NO. 32—BY REPRESENTATIVE WILKERSON

A CONCURRENT RESOLUTIONTo urge and request the Department of Transportation and

Development to post signs on both sides of Interstate 20 near thecity of Grambling, Louisiana, indicating available foodestablishments.

HOUSE CONCURRENT RESOLUTION NO. 36—BY REPRESENTATIVE HUDSON

A CONCURRENT RESOLUTIONTo urge and encourage the furtherance of a partnership between the

Louisiana Department of Transportation and Development,

develop, and build a transportation training and education facility.

HOUSE CONCURRENT RESOLUTION NO. 21—BY REPRESENTATIVE MICHOT

Development to erect appropriate signage on certain Louisianahighways designating a route for the "Mississippi River Trail" forcycling.

Respectfully submitted,ALFRED W. SPEER

Clerk of the House of Representatives

House Concurrent Resolutions

Senator Bagneris asked for and obtained a suspension of the rulesto take up at this time the following House Concurrent Resolutions justreceived from the House which were taken up, read a first and secondtime by their titles and acted upon as follows:

HOUSE CONCURRENT RESOLUTION NO. 8—BY REPRESENTATIVE LONG

A CONCURRENT RESOLUTIONTo urge and request the Department of Transportation and

Development to conduct a study, working in cooperation with thestate librarian, to determine the need for the erection of signs onLouisiana highways directing interested persons to Louisiana'spublic libraries.

The resolution was read by title. Senator Smith moved to concurin the House Concurrent Resolution.

ROLL CALL

The roll was called with the following result:

YEAS

Mr. President Ellington LentiniBagneris Fields C MaloneBajoie Fields W RobichauxBarham Greene RomeroBean Hainkel SchedlerBranch Heitmeier ShortCain Hines SiracusaCampbell Hollis SmithCasanova Irons TarverCox Jones TheunissenDardenne Lambert UlloDyess Landry Total—35

NAYS

Dean Total—1

ABSENT

Cravins Johnson Jordan Total—3

The Chair declared the Senate had concurred in the HouseConcurrent Resolution and ordered it returned to the House.

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HOUSE CONCURRENT RESOLUTION NO. 20—BY REPRESENTATIVE THERIOT

A CONCURRENT RESOLUTIONTo urge and request the Department of Transportation and

Development to install a traffic light at the intersection ofLouisiana Highway 1 and the access road to Louisiana Highway3235 in Cut Off, Louisiana, Lafourche Parish.

The resolution was read by title. Senator Robichaux moved toconcur in the House Concurrent Resolution.

ROLL CALL

The roll was called with the following result:

YEAS

Mr. President Ellington LentiniBagneris Fields C MaloneBajoie Fields W RobichauxBarham Greene RomeroBean Hainkel SchedlerBranch Heitmeier ShortCain Hines SiracusaCampbell Hollis SmithCasanova Irons TarverCox Johnson TheunissenDardenne Jones Ullo The roll was called with the following result:Dean LambertDyess Landry YEAS Total—37

NAYS Mr. President Ellington Landry

Total—0 Bajoie Fields W MaloneABSENT Barham Greene Robichaux

Cravins Jordan Branch Heitmeier Schedler Total—2 Cain Hines Short

The Chair declared the Senate had concurred in the House Casanova Irons SmithConcurrent Resolution and ordered it returned to the House. Cox Johnson Tarver

HOUSE CONCURRENT RESOLUTION NO. 21—BY REPRESENTATIVE MICHOT

A CONCURRENT RESOLUTIONTo urge and request the Department of Transportation and

Development to erect appropriate signage on certain Louisianahighways designating a route for the "Mississippi River Trail" forcycling.

The resolution was read by title. Senator Casanova moved toconcur in the House Concurrent Resolution.

ROLL CALL

The roll was called with the following result:

YEAS

Mr. President Ellington LentiniBagneris Fields W MaloneBajoie Greene RobichauxBarham Hainkel RomeroBean Heitmeier SchedlerBranch Hines ShortCain Hollis SiracusaCampbell Irons SmithCasanova Johnson TarverCox Jones TheunissenDardenne Lambert UlloDyess Landry

Total—35NAYS

Dean Total—1

ABSENT

Cravins Fields C Jordan Total—3

The Chair declared the Senate had concurred in the HouseConcurrent Resolution and ordered it returned to the House.

HOUSE CONCURRENT RESOLUTION NO. 30—BY REPRESENTATIVES ODINET AND WARNER

A CONCURRENT RESOLUTIONTo memorialize the United States Congress to take such actions as are

necessary to amend the Highway Beautification Act of 1965 torevise provisions relating to the lighting requirements of outdooradvertising signs, displays, and devices in areas adjacent to theInterstate System and the Federal-Aid primary system.

The resolution was read by title. Senator Dean moved to concurin the House Concurrent Resolution.

ROLL CALL

Bagneris Fields C Lentini

Bean Hainkel Romero

Campbell Hollis Siracusa

Dardenne Jones TheunissenDean Jordan UlloDyess Lambert Total—38

NAYS

Total—0ABSENT

Cravins Total—1

The Chair declared the Senate had concurred in the HouseConcurrent Resolution and ordered it returned to the House.

HOUSE CONCURRENT RESOLUTION NO. 31—BY REPRESENTATIVES ODINET AND WARNER

A CONCURRENT RESOLUTIONTo urge and request the Louisiana Department of Transportation and

Development and the United States Department of Transportationto renegotiate or modify their agreement relative to control ofoutdoor advertising in areas adjacent to the national system ofInterstate and Defense Highways and the Federal-Aid PrimarySystem in order to allow outdoor advertising signs in zoned andunzoned commercial and industrial areas which contain, include,or are illuminated by flashing, intermittent, or moving light orlights.

The resolution was read by title. Senator Dean moved to concurin the House Concurrent Resolution.

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ROLL CALL

The roll was called with the following result:

YEAS

Mr. President Ellington LentiniBagneris Fields W MaloneBajoie Greene RobichauxBarham Hainkel RomeroBean Heitmeier SchedlerBranch Hines ShortCain Hollis SiracusaCampbell Irons SmithCasanova Johnson TarverCox Jones TheunissenDardenne Jordan UlloDean LambertDyess Landry Total—37

NAYS

Total—0ABSENT

Cravins Fields C Total—2

The Chair declared the Senate had concurred in the HouseConcurrent Resolution and ordered it returned to the House.

HOUSE CONCURRENT RESOLUTION NO. 32—BY REPRESENTATIVE WILKERSON

A CONCURRENT RESOLUTIONTo urge and request the Department of Transportation and

Development to post signs on both sides of Interstate 20 near thecity of Grambling, Louisiana, indicating available foodestablishments.

The resolution was read by title. Senator Ewing moved to concurin the House Concurrent Resolution.

ROLL CALL

The roll was called with the following result:

YEAS

Bagneris Ellington LandryBajoie Fields W LentiniBarham Greene MaloneBean Hainkel RobichauxBranch Heitmeier RomeroCain Hines SchedlerCampbell Hollis ShortCasanova Irons SiracusaCox Johnson SmithDardenne Jones TarverDean Jordan TheunissenDyess Lambert Ullo Total—36

NAYS

Total—0ABSENT

Mr. President Cravins Fields C Total—3

The Chair declared the Senate had concurred in the HouseConcurrent Resolution and ordered it returned to the House.

HOUSE CONCURRENT RESOLUTION NO. 36—BY REPRESENTATIVE HUDSON

A CONCURRENT RESOLUTIONTo urge and encourage the furtherance of a partnership between the

Louisiana Department of Transportation and Development,Louisiana Transportation Research Center, Louisiana StateUniversity, the Louisiana Transportation Research CenterFoundation, Inc., and private sector transportation entities to plan,develop, and build a transportation training and education facility.

On motion of Senator Bagneris, the resolution was read by title andreferred to the Committee on Transportation, Highways, and PublicWorks.

HOUSE CONCURRENT RESOLUTION NO. 49—BY REPRESENTATIVE CARTER

A CONCURRENT RESOLUTIONTo commend Sergeant Joseph Day for being selected "Correctional

Officer of the Year" in Louisiana for the year 1996.

The resolution was read by title. Senator Johnson moved to concurin the House Concurrent Resolution.

ROLL CALL

The roll was called with the following result:

YEAS

Mr. President Ellington LandryBajoie Fields W LentiniBarham Greene MaloneBean Hainkel RobichauxBranch Heitmeier RomeroCain Hines SchedlerCampbell Hollis ShortCasanova Irons SiracusaCox Johnson SmithDardenne Jones TarverDean Jordan TheunissenDyess Lambert Ullo Total—36

NAYS

Total—0ABSENT

Bagneris Cravins Fields C Total—3

The Chair declared the Senate had concurred in the HouseConcurrent Resolution and ordered it returned to the House.

HOUSE CONCURRENT RESOLUTION NO. 50—BY REPRESENTATIVES WILKERSON AND PRATT AND SENATOR BAJOIE

A CONCURRENT RESOLUTIONTo commend Delta Sigma Theta Sorority for its achievements and

designate May 19, 1998, as Delta Sigma Theta Sorority LegislativeDay at the Louisiana Legislature.

The resolution was read by title. Senator Bajoie moved to concurin the House Concurrent Resolution.

ROLL CALL

The roll was called with the following result:

YEAS

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Mr. President Dyess Landry The resolution was read by title. Senator Ullo moved to concur inBagneris Ellington Lentini the House Concurrent Resolution.Bajoie Fields W MaloneBarham Greene RobichauxBean Heitmeier RomeroBranch Hines ShortCain Hollis SiracusaCampbell Irons SmithCasanova Johnson TarverCox Jones TheunissenDardenne Jordan UlloDean Lambert Total—35

NAYS

Total—0ABSENT

Cravins HainkelFields C Schedler Total—4

The Chair declared the Senate had concurred in the HouseConcurrent Resolution and ordered it returned to the House.

HOUSE CONCURRENT RESOLUTION NO. 52—BY REPRESENTATIVE JOHN SMITH

A CONCURRENT RESOLUTIONTo declare July 5, 1998, to be Future Homemakers of America Day in

the state of Louisiana.

The resolution was read by title. Senator Cain moved to concur inthe House Concurrent Resolution.

ROLL CALL

The roll was called with the following result: A CONCURRENT RESOLUTION

YEAS dedication, devotion, and commitment to revitalization, restoration,

Mr. President Dyess Lambert of New Orleans and to express an appreciation for the interest thatBagneris Ellington Landry she has sparked throughout the state of Louisiana.Bajoie Fields W LentiniBarham Greene Malone The resolution was read by title. Senator Heitmeier moved toBean Hainkel Robichaux concur in the House Concurrent Resolution.Branch Heitmeier RomeroCain Hines ShortCampbell Hollis SiracusaCasanova Irons SmithCox Johnson TarverDardenne Jones TheunissenDean Jordan Ullo Total—36

NAYS

Total—0ABSENT

Cravins Fields C Schedler Total—3

The Chair declared the Senate had concurred in the HouseConcurrent Resolution and ordered it returned to the House.

HOUSE CONCURRENT RESOLUTION NO. 53—BY REPRESENTATIVE DAMICO

A CONCURRENT RESOLUTIONTo express the condolences of the Legislature of Louisiana upon the

death of Mrs. Anna Federico Jourdan, the well-known volunteerfounder of the Jefferson Parish Council on Aging.

ROLL CALL

The roll was called with the following result:

YEAS

Mr. President Ellington LentiniBagneris Fields W MaloneBarham Greene RobichauxBean Heitmeier RomeroBranch Hines SchedlerCain Hollis ShortCampbell Irons SiracusaCasanova Johnson SmithCox Jones TarverDardenne Jordan TheunissenDean Lambert UlloDyess Landry Total—35

NAYS

Total—0ABSENT

Bajoie Fields CCravins Hainkel Total—4

The Chair declared the Senate had concurred in the HouseConcurrent Resolution and ordered it returned to the House.

HOUSE CONCURRENT RESOLUTION NO. 54—BY REPRESENTATIVE CLARKSON

To commend Ms. Dione Harmon for her unequaled and unheralded

and preservation efforts within the Algiers community and the city

ROLL CALL

The roll was called with the following result:

YEAS

Mr. President Ellington LentiniBarham Fields W MaloneBean Greene RobichauxBranch Hainkel RomeroCain Heitmeier SchedlerCampbell Hines ShortCasanova Hollis SiracusaCox Johnson SmithCravins Jones TarverDardenne Jordan TheunissenDean Lambert UlloDyess Landry Total—35

NAYS

Total—0ABSENT

Bagneris Fields C

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Page 16 SENATE 7th DAY'S PROCEEDINGSMay 19, 1998

Bajoie Irons Dyess Landry Total—4 Total—35

The Chair declared the Senate had concurred in the HouseConcurrent Resolution and ordered it returned to the House. Total—0

HOUSE CONCURRENT RESOLUTION NO. 55—BY REPRESENTATIVE DURAND

A CONCURRENT RESOLUTIONTo recognize and commend the village of Parks upon the occasion of its

one hundredth birthday and centennial celebration in July, 1998.

The resolution was read by title. Senator Romero moved to concurin the House Concurrent Resolution.

ROLL CALL

The roll was called with the following result:

YEAS

Barham Ellington LambertBean Fields W LandryBranch Greene LentiniCain Hainkel MaloneCampbell Heitmeier Robichaux The roll was called with the following result:Casanova Hines RomeroCox Hollis Schedler YEASCravins Irons ShortDardenne Johnson Smith Mr. President Dyess MaloneDean Jones Tarver Bajoie Ellington RobichauxDyess Jordan Ullo Barham Fields W Romero Total—33 Bean Greene Schedler

NAYS Branch Heitmeier Short

Total—0 Campbell Hollis SmithABSENT Casanova Johnson Tarver

Mr. President Bajoie Siracusa Cravins Jordan UlloBagneris Fields C Theunissen Dardenne Landry Total—6 Dean Lentini

The Chair declared the Senate had concurred in the House NAYSConcurrent Resolution and ordered it returned to the House.

HOUSE CONCURRENT RESOLUTION NO. 56—BY REPRESENTATIVE MURRAY

A CONCURRENT RESOLUTIONTo express the condolences of the Legislature of Louisiana upon the

death of Mr. James Bruce McConduit of New Orleans.

The resolution was read by title. Senator Johnson moved to concurin the House Concurrent Resolution.

ROLL CALL

The roll was called with the following result:

YEAS

Mr. President Ellington LentiniBarham Fields W MaloneBean Greene RobichauxBranch Hainkel RomeroCain Heitmeier SchedlerCampbell Hines ShortCasanova Hollis SiracusaCox Irons SmithCravins Johnson TarverDardenne Jones TheunissenDean Jordan Ullo

NAYS

ABSENT

Bagneris Fields CBajoie Lambert Total—4

The Chair declared the Senate had concurred in the HouseConcurrent Resolution and ordered it returned to the House.

HOUSE CONCURRENT RESOLUTION NO. 57—BY REPRESENTATIVE MURRAY AND IRONS

A CONCURRENT RESOLUTIONTo express the condolences of the Legislature of Louisiana upon the

death of Mr. Ross "Teddy" Vaughn, Sr. of New Orleans.

The resolution was read by title. Senator Bagneris moved toconcur in the House Concurrent Resolution.

ROLL CALL

Cain Hines Siracusa

Cox Jones Theunissen

Total—34

Total—0ABSENT

Bagneris Hainkel LambertFields C Irons Total—5

The Chair declared the Senate had concurred in the HouseConcurrent Resolution and ordered it returned to the House.

Reports of Committees

The following reports of committees were received and read:

REPORT OF COMMITTEE ON

TRANSPORTATION, HIGHWAYS, AND PUBLIC WORKS

Senator Landry, Chairman on behalf of the Committee onTransportation, Highways, and Public Works, submitted the followingreport:

May 13, 1998

To the President and Members of the Senate:

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I am directed by your Committee on Transportation, Highways,and Public Works to submit the following report:

SENATE CONCURRENT RESOLUTION NO. 5—BY SENATOR LAMBERT

A CONCURRENT RESOLUTIONTo direct the Department of Transportation and Development to install

flashing lights and "slow-school zone" signs at highways adjacentto the entrance of all schools.

Reported with amendments.

SENATE BILL NO. 68—BY SENATOR LANDRY

AN ACTTo amend and reenact R.S. 48:274.1(D), 274.3(E), 381(G), 381.1(E),

and 381.2(D), relative to highways, to provide relative to permitteduse and occupancy of highway rights-of-way; to provide for thedisposition of revenue from fees for such permitting; to abolishcertain funds established relative to such fees; to provide that therevenue from such fees be considered as self-generated revenue tothe Department of Transportation and Development; and toprovide for related matters.

Reported with amendments.

SENATE BILL NO. 77—BY SENATOR LANDRY

AN ACTTo amend and reenact R.S. 47:820.4, 820.5(A) and (B), and

850.5.1(A), R.S. 48:1092(A), 1092.1, and 1101.1(A) and (B)(2)and (4) and to repeal R.S. 47:820.5(B)(4), relative to tolls oncertain bridges; to extend the duration of collection of tolls on theSunshine Bridge and the Greater New Orleans Mississippi Riverbridges; to provide relative to the membership, duties, and terms ofthe board of commissioners of the Mississippi River BridgeAuthority; to provide for issuance of Automatic VehicularIdentification toll tags; to require promulgation of rules andregulations for such issuance; to provide for the use of tollproceeds; to provide for an effective date; and to provide for relatedmatters.

Reported with amendments.

Respectfully submitted,RON LANDRY

Chairman

Senate Bills and Joint Resolutionson Second Reading

Reported by Committees

Senator Landry asked for and obtained a suspension of the rules totake up at this time the following Senate Bills and Joint Resolutions justreported by Committees.

SENATE BILL NO. 68—BY SENATOR LANDRY

AN ACTTo amend and reenact R.S. 48:274.1(D), 274.3(E), 381(G), 381.1(E),

and 381.2(D), relative to highways, to provide relative to permitteduse and occupancy of highway rights-of-way; to provide for thedisposition of revenue from fees for such permitting; to abolishcertain funds established relative to such fees; to provide that therevenue from such fees be considered as self-generated revenue tothe Department of Transportation and Development; and toprovide for related matters.

Reported with amendments by the Committee on Transportation,Highways, and Public Works.

SENATE COMMITTEE AMENDMENTS

Amendments proposed by Senate Committee on Transportation,Highways, and Public Works to Original Senate Bill No. 68 by SenatorLandry

AMENDMENT NO. 1On page 1, line 3, after "highways" change the comma "," to asemicolon ";"

On motion of Senator Landry, the committee amendment wasadopted. The amended bill was read by title, ordered engrossed andrecommitted to the Committee on Revenue and Fiscal Affairs.

SENATE BILL NO. 77—BY SENATOR LANDRY

AN ACTTo amend and reenact R.S. 47:820.4, 820.5(A) and (B), and

850.5.1(A), R.S. 48:1092(A), 1092.1, and 1101.1(A) and (B)(2)and (4) and to repeal R.S. 47:820.5(B)(4), relative to tolls oncertain bridges; to extend the duration of collection of tolls on theSunshine Bridge and the Greater New Orleans Mississippi Riverbridges; to provide relative to the membership, duties, and terms ofthe board of commissioners of the Mississippi River BridgeAuthority; to provide for issuance of Automatic VehicularIdentification toll tags; to require promulgation of rules andregulations for such issuance; to provide for the use of tollproceeds; to provide for an effective date; and to provide for relatedmatters.

Reported with amendments by the Committee on Transportation,Highways, and Public Works.

SENATE COMMITTEE AMENDMENTS

Amendments proposed by Senate Committee on Transportation,Highways, and Public Works to Original Senate Bill No. 77 by SenatorLandry

AMENDMENT NO. 1On page 1, line 2, after "820.5" delete the remainder of the line, anddelete line 3, and insert:

", and 850.1(A), and to enact R.S. 47:850.5.2"

AMENDMENT NO. 2On page 1, line 4, delete "repeal R.S. 47:820.5(B)(4)"

AMENDMENT NO. 3On page 1, at the end of line 6, change "provide relative to" to "providefor the reduction of tolls; to create the Crescent City ConnectionOversight Authority; to provide for the membership and duties of suchauthority;

AMENDMENT NO. 4On page 1, delete line 7, and at the beginning of line 8, delete "theMississippi River Bridge Authority;"

AMENDMENT NO. 5On page 1, line 14, after "820.5" delete "(A) and (B)"

AMENDMENT NO. 6On page 1, line 15, after "reenacted" insert:

"and R.S. 47:850.5.2 is hereby enacted"

AMENDMENT NO. 7On page 2, line 14, after the comma "," delete the remainder of the line,delete lines 14 and 15, and add in lieu thereof "that portion of therevenue generated from the collection of the tolls which is necessary forthe operation and maintenance of the bridge shall be dedicated to such

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operation and maintenance. The remaining portion of the revenuesgenerated from the collection of the tolls shall be dedicated to theinitiation of the following two projects to be constructed in the followingorder:

(1) Lighting the entire structure of the Sunshine Bridge.

(2) Four-laning Louisiana Highway 1 between White Castle andDonaldsonville."

AMENDMENT NO. 8On page 2, line 17, after "B." insert "(1)"

AMENDMENT NO. 9 Transit Lanes HOV-2;On page 2, line 22, after "December 31," change "2012" to "1998"

AMENDMENT NO. 10On page 2, line 24, after "users." insert:

"(2) Beginning January 1, 1999, such tolls shall be collectedeach fiscal year at the rate determined in advance by theDepartment of Transportation and Development which isnecessary to provide sufficient funds to fund the indebtedness forthe bridge and the projects, and for the maintenance and operationof the bridges and ferries under the authority of the Crescent CityConnection, all as provided for in Subsection (C) of this Section.However, no tolls shall be collected after December 31, 2012.

(3)"

AMENDMENT NO. 11On page 3, at the beginning of line 4, insert "C."

AMENDMENT NO. 12On page 4, line 10, after "used" insert "exclusively"

AMENDMENT NO. 13On page 4, line 13, change "R.S. 47:820.5(B)(2)" to "R.S.47:820(C)(3) which have been let for construction prior to May 13,1998" and at the end of the line, after "for" delete the remainder of theline, and delete line 14, and insert "such projects, the state's ability toobtain"

AMENDMENT NO. 14On page 5, line 9, after "(3)" insert:

"After the indebtedness and the maintenance and operatingexpenses of the bridges and ferries have been paid each fiscal yearas provided for in Subsection (C)(1) and (2) of this Section, theremainder of the toll proceeds shall be used exclusively for thefollowing and in the following priorities:

(a)"

AMENDMENT NO. 15On page 5, line 13, after "approaches" delete the remainder of the lineand insert a period "." and insert:

"(b) For funding the opening of transit lanes for "HOV2" or"High Occupancy Vehicle 2" traffic on the Greater New OrleansMississippi River Bridges.

(c) For providing an additional toll tag lane for cars enteringfrom General DeGaulle entrance ramp.

(d) For installing a video or photo monitoring system asdefined in R.S. 47:820.5.1(C)(1) and (3).

(e) For repainting the bridge.

(f) For funding of the of the following projects which havebeen let for construction prior to May 13, 1998 in the order inwhich they are prioritized by the Crescent City ConnectionOversight Authority as provided for in R.S. 47:820.5.2, whichprioritization shall give preference to projects which either directlyrelate to the main structure of the bridge or which work to expeditethe flow of traffic entering or exiting the bridge. Such projectsshall include:

(i) Project No. 283-08-0125 Reversible Configuration onTransit Lanes HOV-2;

(ii) Project No. 283-08-0127 Installation of Toll Tag System for

(iii) Project No. 283-09-0101 Beautification and Joint LandUse - Peters Road to Orleans parish line;

(iv) Project No. 283-09-0102 Beautification and Joint LandUse - Destrehan Avenue to Westwood Drive;

(v) Project No. 283-09-0107 Roadway Improvements toWestbank Expressway - U.S. 90 to Westwood Drive;

(vi) Project No. 283-08-0113 Bridge Painting No. 1, NewOrleans Deck;

(vii) Completion of bridge construction projects authorized byAct 36 of 1994.

AMENDMENT NO. 16On page 5, delete lines 14 through 27, and on page 6, delete lines 1through 9

AMENDMENT NO. 17On page 6, delete lines 20 through 23, and insert:

"(5) It is further provided that any excess toll revenue over andabove the amounts hereinabove set forth to be used for annualadministrative, maintenance, and operational expenses and specificcapital outlay projects, may be used shall be used exclusively for thepurposes provided for in this Section, but nothing in this Sectionshall be constructed to prohibit its use to maximize, for the areasserved"

AMENDMENT NO. 18On page 7, between lines 17 and 18, insert:

"C. D. Effective October 1, 1994, the tolls on ferries operated bythe state shall not exceed fifty cents per vehicle for discounted toll scriptand one dollar per vehicle for cash.

AMENDMENT NO. 19On page 8, delete lines 15 through 27, and delete pages 9 through 12,and on page 13, delete lines 1 through 4, and insert:

"§820.5.2. Crescent City Connection Oversight Authority; creation;membership; duties; terms

R.S. 47:820.5.2 is all proposed new law.

A. The Crescent City Connection Oversight Authority is herebycreated and hereinafter referred to as the CCCOA.

B. The purpose of the CCCOA shall be to establish priorities ofprojects from remaining funds after operation and maintenanceexpenses of the bridges and ferries under the authority of the CrescentCity Connection Division of the Department of Transportation andDevelopment have been paid. The CCCOA shall consider the fundingof projects approved by the legislature in accordance with Act 36 of1994. In furtherance of this purpose, the CCCOA shall have access to

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the accounting of all expenditures, revenues, project priorities, status ofongoing projects, and any other matters which relate to the CrescentCity Connection, its operations, and related projects.

C. The CCCOA shall be comprised of ten members who shall beappointed in accordance with the provisions of this Section. The statesenator or senators representing Senate districts 1, 7, and 8, and the staterepresentative or representatives representing House districts 83, 84, 85,86, 87, 102, and 105, shall submit the names of three persons to thegovernor. The governor shall appoint one person from each Senate andHouse district. Each nominee submitted to the governor forconsideration on the CCCOA shall be a resident of the district fromwhich he is nominated or shall be the proprietor of a business domiciledin such district. Each appointee of the governor shall be subject toSenate confirmation.

D. Members shall meet quarterly, at a minimum, and the first termof their appointment shall be from July 1, 1998 to June 30, 2000. Eachterm thereafter shall be for four years. The CCCOA shall report to theJoint Transportation, Highways, and Public Works Subcommittee onOversight annually regarding their activities."

AMENDMENT NO. 20On page 13, line 5, change "Section 3." to "Section 2."

AMENDMENT NO. 21On page 13, line 10, change "Section 4." to "Section 3."

AMENDMENT NO. 22On page 13, line 18, change "Section 5." to "Section 4."

AMENDMENT NO. 23On page 13, delete line 25

AMENDMENT NO. 24On page 13, line 26, change "Section 7." to "Section 5."

On motion of Senator Landry, the committee amendment wasadopted. The amended bill was read by title and ordered engrossed andpassed to a third reading.

Senate Bills and Joint Resolutionson Second Reading

The following Senate Bills and Joint Resolutions were taken upand acted upon as follows:

SENATE BILL NO. 119 (Substitute for Senate Bill 113 bySenator Schedler)—

BY SENATOR SCHEDLERAN ACT

To To amend and reenact R.S. 47:305(D)(1)(s), relative to the exemptionfor medical devices used by the patient; to provide relative to suchexemption and application thereof; to provide for the effect of theAct; to provide for an effective date; and to provide for relatedmatters.

On motion of Senator Bagneris, the bill was read by title andordered engrossed and passed to a third reading.

Senate Bills and Joint Resolutions onThird Reading

and Final Passage

The following Senate Bills and Joint Resolutions on third readingand final passage were taken up and acted upon as follows:

SENATE BILL NO. 34—BY SENATORS JOHNSON, BAGNERIS, COX, ELLINGTON, HINES, JORDAN,LANDRY, SIRACUSA AND THEUNISSEN AND REPRESENTATIVESANSARDI, BAUDOIN, BRUCE, DAMICO, DIEZ, DUPRE, FARVE,FAUCHEUX, FRITH, GAUTREAUX, HAMMETT, MARTINEZ, MORRELL,MURRAY, PINAC, ROUSSELLE, SCHWEGMANN, THOMPSON, TOOMYAND WILLARD

A JOINT RESOLUTIONProposing to amend Article VI, Section 29(D) of the Constitution of

Louisiana, relative to revenue and finance; to provide for certainvoting requirements for enacting certain tax exemptions orexclusions from sales and use taxes levied by local governmentalsubdivisions, school boards, and other political subdivisions whoseboundaries are not coterminous with those of the state; and tospecify an election for submission of the proposition to electors andprovide a ballot proposition.

On motion of Senator Bagneris, the bill was read by title andreturned to the Calendar, subject to call.

SENATE BILL NO. 35—BY SENATOR JOHNSON

A JOINT RESOLUTIONProposing to amend Article VII, Section 15 and to add Article VII,

Section 14(E) of the Constitution of Louisiana, relative to staterevenue and finance; to authorize local governing authorities tosubordinate and waive tax liens on blighted properties; to authorizelocal governing authorities to assess the tax liens of blightedproperties upon the former owners of such properties; and tospecify an election for submission of the proposition to electors andprovide a ballot proposition.

On motion of Senator Johnson, the bill was read by title andreturned to the Calendar, subject to call.

SENATE BILL NO. 78—BY SENATOR ROBICHAUX

AN ACTTo amend and reenact R.S. 47:1561.1, relative to personal liability for

taxes; to provide for the personal liability of certain members oflimited liability companies or limited partnerships; and to providefor related matters.

On motion of Senator Bagneris, the bill was read by title andreturned to the Calendar, subject to call.

SENATE BILL NO. 89—BY SENATOR ELLINGTON

AN ACTTo enact R.S. 33:2721.11, relative to Catahoula Parish; to authorize the

governing authority of Catahoula Parish to levy and collect anadditional sales and use tax within the parish, with voter approval;and to provide for related matters.

The bill was read by title. Senator Ellington moved the finalpassage of the bill.

ROLL CALL

The roll was called with the following result:

YEAS

Mr. President Ellington LandryBagneris Fields W LentiniBajoie Greene MaloneBarham Hainkel RobichauxBean Heitmeier RomeroCain Hines SchedlerCampbell Hollis ShortCasanova Irons SiracusaCox Johnson SmithCravins Jones Tarver

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Dardenne Jordan Theunissen Senate and Concurrent, a first and second time and acting upon themDyess Lambert Ullo as follows: Total—36

NAYS

Dean Total—1

ABSENT

Branch Fields C Total—2

The Chair declared the bill was passed. The title was read andadopted. Senator Ellington moved to reconsider the vote by which thebill was passed and laid the motion on the table.

SENATE BILL NO. 92—BY SENATOR JONES

AN ACTTo enact R.S. 33:2737.70, relative to local sales and use taxes; to

authorize the East Carroll Parish School Board to levy and collectan additional sales and use tax not to exceed one percent within theparish of East Carroll; and to provide for related matters.

The bill was read by title. Senator Jones moved the final passageof the bill.

ROLL CALL

The roll was called with the following result: Dardenne Lambert

YEAS Total—37

Mr. President Dyess LandryBagneris Ellington Lentini Total—0Bajoie Fields W Robichaux ABSENTBarham Greene RomeroBean Hainkel Schedler Fields C HainkelBranch Heitmeier Short Total—2Cain Hines SiracusaCampbell Hollis Smith The Chair declared the Senate had adopted the Senate ConcurrentCasanova Irons Tarver Resolution and ordered it sent to the House.Cox Johnson TheunissenCravins Jones UlloDardenne Lambert Total—35

NAYS

Dean Malone Total—2

ABSENT

Fields C Jordan Total—2

The Chair declared the bill was passed. The title was read andadopted. Senator Jones moved to reconsider the vote by which the billwas passed and laid the motion on the table.

Rules Suspended

Senator Bagneris asked for and obtained a suspension of the rulesfor the purpose of reverting to the Morning Hour.

Introduction of Resolutions,Senate and Concurrent

Senator Bagneris asked for and obtained a suspension of the rulesfor the purpose of introducing and reading the following Resolutions,

SENATE CONCURRENT RESOLUTION NO. 32—BY SENATOR HINES

A CONCURRENT RESOLUTIONTo designate and proclaim the week of May 17 through 23, 1998 as

Emergency Medical Services Week.

The resolution was read by title. Senator Hines moved to adopt theSenate Concurrent Resolution.

ROLL CALL

The roll was called with the following result:

YEAS

Mr. President Dyess LentiniBagneris Ellington MaloneBajoie Fields W RobichauxBarham Greene RomeroBean Heitmeier SchedlerBranch Hines ShortCain Hollis SiracusaCampbell Irons SmithCasanova Johnson TarverCox Jones TheunissenCravins Jordan Ullo

Dean Landry

NAYS

SENATE RESOLUTION NO. 11—BY SENATORS BAGNERIS, BAJOIE, HAINKEL, HEITMEIER, IRONS, ANDJOHNSON

A RESOLUTIONTo proclaim Tuesday, May 19, 1998, as New Orleans Day in the

Louisiana Legislature and to provide for suitable observance ofsuch day.

On motion of Senator Bagneris, the resolution was read by title andadopted.

SENATE RESOLUTION NO. 12—BY SENATOR CAIN AND REPRESENTATIVE HILL

A RESOLUTIONTo urge and request the Senate Committee on Agriculture to study

foreign ownership of the state’s farmlands.

On motion of Senator Cain, the resolution was read by title andadopted.

SENATE RESOLUTION NO. 13—BY SENATOR BAJOIE

A RESOLUTIONTo commend Delta Sigma Theta Sorority for its achievements and to

designate May 19, 1998 as Delta Sigma Theta Sorority LegislativeDay at the Louisiana Legislature.

On motion of Senator Bajoie, the resolution was read by title andadopted.

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SENATE RESOLUTION NO. 14—BY SENATOR SCHEDLER

A RESOLUTIONTo commend the Sherry Terry Studio of Dance on the occasion of its

twentieth anniversary and Sherri Terry for her contributions to theyoung people of the Slidell community in dance and in life.

On motion of Senator Schedler, the resolution was read by title andadopted.

Rules Suspended

Senator Johnson asked for and obtained a suspension of the rules local governing authorities to assess the tax liens of blightedfor the purpose of taking up at this time. properties upon the former owners of such properties; and to

Called from the Calendar

Senator Johnson asked that Senate Bill No. 34 be called from theCalendar at this time for its final passage.

SENATE BILL NO. 34—BY SENATORS JOHNSON, BAGNERIS, COX, ELLINGTON, HINES, JORDAN,LANDRY, SIRACUSA AND THEUNISSEN AND REPRESENTATIVESANSARDI, BAUDOIN, BRUCE, DAMICO, DIEZ, DUPRE, FARVE,FAUCHEUX, FRITH, GAUTREAUX, HAMMETT, MARTINEZ, MORRELL,MURRAY, PINAC, ROUSSELLE, SCHWEGMANN, THOMPSON, TOOMYAND WILLARD

A JOINT RESOLUTIONProposing to amend Article VI, Section 29(D) of the Constitution of

Louisiana, relative to revenue and finance; to provide for certainvoting requirements for enacting certain tax exemptions orexclusions from sales and use taxes levied by local governmentalsubdivisions, school boards, and other political subdivisions whoseboundaries are not coterminous with those of the state; and tospecify an election for submission of the proposition to electors andprovide a ballot proposition.

The bill was read by title. Senator Johnson moved the finalpassage of the bill.

ROLL CALL

The roll was called with the following result:

YEAS

Mr. President Ellington JordanBagneris Fields C LambertBajoie Fields W LandryBarham Greene RobichauxCain Hainkel SchedlerCampbell Heitmeier SiracusaCasanova Hines SmithCox Irons TarverCravins JohnsonDardenne Jones Total—28

NAYS

Bean Hollis TheunissenBranch Lentini UlloDean MaloneDyess Short Total—10

ABSENT

Romero Total—1

The Chair declared the bill was passed. The title was read andadopted. Senator Johnson moved to reconsider the vote by which thebill was passed and laid the motion on the table.

Called from the Calendar

Senator Johnson asked that Senate Bill No. 35 be called from theCalendar at this time for its final passage.

SENATE BILL NO. 35—BY SENATOR JOHNSON

A JOINT RESOLUTIONProposing to amend Article VII, Section 15 and to add Article VII,

Section 14(E) of the Constitution of Louisiana, relative to staterevenue and finance; to authorize local governing authorities tosubordinate and waive tax liens on blighted properties; to authorize

specify an election for submission of the proposition to electors andprovide a ballot proposition.

Floor Amendments Sent Up

Senator Landry sent up floor amendments which were read.

SENATE FLOOR AMENDMENTS

Amendments proposed by Senator Landry to Engrossed Senate Bill No.35 by Senator Johnson

AMENDMENT NO. 1On page 3, at the end of line 5, insert "Any tax lien waiver orsubordination provided for herein shall only apply to taxes leviedby a governing authority or political subdivision of a municipalityor parish."

On motion of Senator Landry, the amendments were adopted.

The bill was read by title. Senator Johnson moved final passage ofthe amended bill.

ROLL CALL

The roll was called with the following result:

YEAS

Mr. President Dean LentiniBagneris Dyess MaloneBajoie Ellington RobichauxBarham Fields C RomeroBean Fields W SchedlerBranch Greene ShortCain Heitmeier SiracusaCampbell Hines SmithCasanova Hollis TarverCox Irons TheunissenCravins Johnson UlloDardenne Lambert Total—35

NAYS

Hainkel Jordan Landry Total—3

ABSENT

Jones Total—1

The Chair declared the amended bill was passed. The title wasread and adopted. Senator Johnson moved to reconsider the vote bywhich the bill was passed and laid the motion on the table.

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Called from the Calendar

Senator Robichaux asked that Senate Bill No. 78 be called from theCalendar at this time for its final passage.

SENATE BILL NO. 78—BY SENATOR ROBICHAUX

AN ACTTo amend and reenact R.S. 47:1561.1, relative to personal liability for

taxes; to provide for the personal liability of certain members oflimited liability companies or limited partnerships; and to providefor related matters.

The bill was read by title. Senator Robichaux moved the finalpassage of the bill.

ROLL CALL

The roll was called with the following result:

YEAS

Mr. President Ellington LentiniBajoie Fields C MaloneBarham Fields W RobichauxBean Greene RomeroBranch Heitmeier SchedlerCain Hines ShortCampbell Hollis SiracusaCasanova Irons SmithCox Johnson TarverCravins Jones TheunissenDardenne Jordan UlloDean LambertDyess Landry Total—37

NAYS

Total—0ABSENT

Bagneris Hainkel ASKING CONCURRENCE IN Total—2 HOUSE CONCURRENT RESOLUTIONS

The Chair declared the bill was passed. The title was read andadopted. Senator Robichaux moved to reconsider the vote by which thebill was passed and laid the motion on the table.

Rules Suspended

Senator Hainkel asked for and obtained a suspension of the rulesfor the purpose of reverting to the Morning Hour.

Messages from the House

The following Messages from the House were received and readas follows:

Message from the House

ASKING CONCURRENCE INHOUSE BILLS AND JOINT RESOLUTIONS

May 19, 1998

To the Honorable President and Members of the Senate:

I am directed to inform your honorable body that the House ofRepresentatives has finally passed and asks your concurrence in thefollowing House Bills and Joint Resolutions:

HOUSE BILL NO. 191—BY REPRESENTATIVE MORRISH

AN ACTTo enact R.S. 39:816, relative to School District Number 3 of Jefferson

Davis Parish; to authorize the levy of a parcel fee within districtboundaries; to provide for voter approval; to provide for impositionand collection; to provide a limitation on the amount of any suchparcel fee; to provide relative to the use of proceeds; and to providefor related matters.

Respectfully submitted,ALFRED W. SPEER

Clerk of the House of Representatives

House Bills and Joint Resolutions

Senator Bagneris asked for and obtained a suspension of the rulesto take up at this time the following House Bills and Joint Resolutionsjust received from the House which were taken up, read a first andsecond time by their titles and acted upon as follows:

HOUSE BILL NO. 191—BY REPRESENTATIVE MORRISH

AN ACTTo enact R.S. 39:816, relative to School District Number 3 of Jefferson

Davis Parish; to authorize the levy of a parcel fee within districtboundaries; to provide for voter approval; to provide for impositionand collection; to provide a limitation on the amount of any suchparcel fee; to provide relative to the use of proceeds; and to providefor related matters.

On motion of Senator Bagneris, the bill was read by title andreferred to the Committee on Local and Municipal Affairs.

Messages from the House

The following Messages from the House were received and readas follows:

Message from the House

May 19, 1998

To the Honorable President and Members of the Senate:

I am directed to inform your honorable body that the House ofRepresentatives has finally passed and asks your concurrence in thefollowing House Concurrent Resolutions:

HOUSE CONCURRENT RESOLUTION NO. 9—BY REPRESENTATIVES MCMAINS, FAUCHEUX, AND MCCALLUM

A CONCURRENT RESOLUTIONTo urge and request the Office of the Judicial Administrator and the

Judicial Council of the Supreme Court of Louisiana to work andcommunicate with, and advise the Louisiana Legislature onpending bills that affect the court system and the judiciary.

HOUSE CONCURRENT RESOLUTION NO. 16—BY REPRESENTATIVE TOOMY

A CONCURRENT RESOLUTIONTo urge and request the Louisiana commissioner of insurance to permit

the collection of premium fees on all criminal bail bonds written inthe Twenty-fourth Judicial District Court as is provided by law andto clarify the provisions of Act No. 824 of the 1997 RegularSession relative to the imposition of premium fees on criminal bailbonds in the Twenty-fourth Judicial District Court.

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Respectfully submitted,ALFRED W. SPEER

Clerk of the House of Representatives

House Concurrent Resolutions

Senator Bagneris asked for and obtained a suspension of the rules Mr. President Fields W Robichauxto take up at this time the following House Concurrent Resolutions just Bajoie Greene Romeroreceived from the House which were taken up, read a first and second Barham Hainkel Schedlertime by their titles and acted upon as follows: Bean Heitmeier Short

HOUSE CONCURRENT RESOLUTION NO. 9—BY REPRESENTATIVES MCMAINS, FAUCHEUX, AND MCCALLUM

A CONCURRENT RESOLUTIONTo urge and request the Office of the Judicial Administrator and the

Judicial Council of the Supreme Court of Louisiana to work andcommunicate with, and advise the Louisiana Legislature onpending bills that affect the court system and the judiciary.

The resolution was read by title. Senator Dardenne moved toconcur in the House Concurrent Resolution.

ROLL CALL

The roll was called with the following result:

YEAS

Mr. President Fields C LentiniBajoie Fields W MaloneBarham Greene RobichauxBean Hainkel RomeroBranch Heitmeier SchedlerCain Hines ShortCampbell Hollis SiracusaCasanova Irons SmithCravins Johnson TarverDardenne Jones TheunissenDean Jordan UlloDyess LambertEllington Landry Total—37

NAYS

Total—0ABSENT

Bagneris Cox Total—2

The Chair declared the Senate had concurred in the HouseConcurrent Resolution and ordered it returned to the House.

HOUSE CONCURRENT RESOLUTION NO. 16—BY REPRESENTATIVE TOOMY

A CONCURRENT RESOLUTIONTo urge and request the Louisiana commissioner of insurance to permit

the collection of premium fees on all criminal bail bonds written inthe Twenty-fourth Judicial District Court as is provided by law andto clarify the provisions of Act No. 824 of the 1997 RegularSession relative to the imposition of premium fees on criminal bailbonds in the Twenty-fourth Judicial District Court.

The resolution was read by title. Senator Heitmeier moved toconcur in the House Concurrent Resolution.

ROLL CALL

The roll was called with the following result:

YEAS

Branch Hines SiracusaCain Hollis SmithCampbell Johnson TarverCasanova Jones TheunissenDardenne Lambert UlloDyess LentiniEllington Malone Total—31

NAYS

Fields C JordanIrons Landry Total—4

ABSENT

Bagneris CravinsCox Dean Total—4

The Chair declared the Senate had concurred in the HouseConcurrent Resolution and ordered it returned to the House.

Reports of Committees

The following reports of committees were received and read:

REPORT OF COMMITTEE ON

REVENUE AND FISCAL AFFAIRS

Senator Barham, Chairman on behalf of the Committee onRevenue and Fiscal Affairs, submitted the following report:

May 19, 1998

To the President and Members of the Senate:

I am directed by your Committee on Revenue and Fiscal Affairs tosubmit the following report:

SENATE BILL NO. 32—BY SENATOR MALONE

A JOINT RESOLUTIONProposing to amend Article VII, Section 21(H) of the Constitution of

Louisiana, relative to ad valorem property tax exemptions; toauthorize the State Board of Commerce and Industry to enter intotax exemption contracts, subject to the approval of the governorand the local governing authority, with a property owner whoproposes the expansion, restoration, improvement, or developmentof an existing structure or structures in a downtown district,primarily to develop structures for residential use, for an initial termof five years after completion of the work and up to two five-yearrenewals for a total of fifteen years; and to specify an election forsubmission of the proposition to electors and provide a ballotproposition.

Reported favorably.

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SENATE BILL NO. 40—BY SENATOR ROMERO

AN ACTTo amend and reenact R.S. 33:2716 and 2716.2(A) and to enact R.S.

47:301(10)(s), relative to sales and use or rental and lease taxation;to exclude from certain state and/or political subdivision sales anduse and lease or rental taxation certain sales to, and use, lease, and A JOINT RESOLUTIONrentals by, construction contractors and subcontractors; and to Proposing to amend Article VII, Section 21(H) of the Constitution ofprovide for related matters. Louisiana, relative to ad valorem property tax exemptions; to

Reported with amendments. tax exemption contracts, subject to the approval of the governor

SENATE BILL NO. 41—BY SENATOR GREENE

AN ACTTo enact R.S. 47:306(B)(10), relative to taxation; to exempt drop

shipment sales by a manufacturer to a wholesaler without a “W”number if the property is subsequently transferred to a wholesalerwith a “W” number; to provide for evidence of such sale; and toprovide for related matters.

Reported favorably.

SENATE BILL NO. 64—BY SENATOR MALONE

AN ACTTo amend and reenact R.S. 47:305.41 and 305.43(A), relative to sales

taxation of Bass Life; to provide an exemption from state and localsales and use tax for Bass Life or any of its chapters; and to providefor related matters.

Reported favorably.

SENATE BILL NO. 81—BY SENATOR LANDRY AND REPRESENTATIVE TRAVIS

AN ACTTo amend and reenact R.S. 45:162(7) and R.S. 47:1003(11)(b), relative

to gross receipt tax; to define contract carrier by bus; to exemptsuch carrier from gross receipt tax; to provide for effective date;and to provide for related matters.

Reported by substitute.

SENATE BILL NO. 103—BY SENATOR LANDRY

AN ACTTo amend and reenact R.S. 47:820.4, relative to funding; to provide for

the duration of the TIMED program; to provide relative to therefunding of bonds issued for such program; and to provide forrelated matters.

Reported with amendments.

SENATE BILL NO. 115—BY SENATOR LANDRY

AN ACTTo amend and reenact R.S. 47:301(10)(o), relative to sales and use tax;

to exclude from such tax the sale or purchase of equipment usedin firefighting by fire departments; and to provide for relatedmatters.

Reported with amendments.

Respectfully submitted, ROBERT J. BARHAM

Chairman

Senate Bills and Joint Resolutionson Second Reading

Reported by Committees

Senator Barham asked for and obtained a suspension of the rulesto take up at this time the following Senate Bills and Joint Resolutionsjust reported by Committees.

SENATE BILL NO. 32—BY SENATOR MALONE

authorize the State Board of Commerce and Industry to enter into

and the local governing authority, with a property owner whoproposes the expansion, restoration, improvement, or developmentof an existing structure or structures in a downtown district,primarily to develop structures for residential use, for an initial termof five years after completion of the work and up to two five-yearrenewals for a total of fifteen years; and to specify an election forsubmission of the proposition to electors and provide a ballotproposition.

Reported favorably by the Committee on Revenue and FiscalAffairs. On motion of Senator Barham, the bill was read by title,ordered engrossed and passed to a third reading.

SENATE BILL NO. 40—BY SENATOR ROMERO

AN ACTTo amend and reenact R.S. 33:2716 and 2716.2(A) and to enact R.S.

47:301(10)(s), relative to sales and use or rental and lease taxation;to exclude from certain state and/or political subdivision sales anduse and lease or rental taxation certain sales to, and use, lease, andrentals by, construction contractors and subcontractors; and toprovide for related matters.

Reported with amendments by the Committee on Revenue andFiscal Affairs.

SENATE COMMITTEE AMENDMENTS

Amendments proposed by Senate Committee on Revenue and FiscalAffairs to Original Senate Bill No. 40 by Senator Romero

AMENDMENT NO. 1On page 2, line 5, after "project" insert "in Louisiana"

AMENDMENT NO. 2On page 3, line 2, after "project" insert "in Louisiana"

AMENDMENT NO. 3On page 3, line 16, after "subdivision" insert "in Louisiana"

AMENDMENT NO. 4On page 3, line 17, change "any" to "such"

AMENDMENT NO. 5On page 3, line 21, after "subdivision" insert "in Louisiana"

AMENDMENT NO. 6On page 3, line 23, after "site" insert "in Louisiana."

AMENDMENT NO. 7On page 3, at the end of line 24, add "in Louisiana,"

AMENDMENT NO. 8On page 4, line 1, after "subdivision" insert "in Louisiana"

AMENDMENT NO. 9On page 5, line 3, after "rentals," insert "in Louisiana"

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On motion of Senator Barham, the committee amendment wasadopted. The amended bill was read by title and ordered engrossed andpassed to a third reading. * * *

SENATE BILL NO. 41—BY SENATOR GREENE

AN ACTTo enact R.S. 47:306(B)(10), relative to taxation; to exempt drop

shipment sales by a manufacturer to a wholesaler without a “W”number if the property is subsequently transferred to a wholesalerwith a “W” number; to provide for evidence of such sale; and toprovide for related matters.

Reported favorably by the Committee on Revenue and FiscalAffairs. On motion of Senator Barham, the bill was read by title,ordered engrossed and passed to a third reading.

SENATE BILL NO. 64—BY SENATOR MALONE

AN ACTTo amend and reenact R.S. 47:305.41 and 305.43(A), relative to sales

taxation of Bass Life; to provide an exemption from state and localsales and use tax for Bass Life or any of its chapters; and to providefor related matters.

Reported favorably by the Committee on Revenue and FiscalAffairs. On motion of Senator Barham, the bill was read by title,ordered engrossed and passed to a third reading.

SENATE BILL NO. 81—BY SENATOR LANDRY AND REPRESENTATIVE TRAVIS

AN ACTTo amend and reenact R.S. 45:162(7) and R.S. 47:1003(11)(b), relative

to gross receipt tax; to define contract carrier by bus; to exemptsuch carrier from gross receipt tax; to provide for effective date;and to provide for related matters.

Reported by substitute by the Committee on Revenue and FiscalAffairs. The bill was read by title; the committee substitute bill wasread.

SENATE BILL NO.BY SENATOR LANDRY AND REPRESENTATIVE TRAVIS

AN ACTTo amend and reenact R.S. 45:162(7) and R.S. 47:1003(11)(b), relative

to gross receipt tax; to define contract carrier by bus; to exemptsuch carrier from gross receipt tax; to provide for effective date;and to provide for related matters.

Be it enacted by the Legislature of Louisiana:Section 1. R.S. 45:162(7) is hereby amended and reenacted to read

as follows:§162. Definitions

The following words and phrases when used in this Chaptershall have the meanings ascribed to them in this Section exceptwhere a different meaning is expressly stated or clearly indicatedby the context.

* * *(7)(a) "Contract carrier by motor vehicle" means any person

not included under Paragraph (5) of this Section, who underspecial and individual contracts or agreements, and whetherdirectly or by other arrangement, transports household goods,passengers, or waste by vehicle or transports passengers byvehicle other than a bus for compensation or hire, where in thecourse of the transportation a highway between two or moreincorporated municipalities is traversed.

(b) “Contract carrier by bus” means any person notincluded under Paragraph (5) of this Section, who underspecial and individual contracts or agreements, and whetherdirectly or by other arrangement, transports passengers bybus for compensation or hire, where in the course of the

transportation a highway between two or more incorporatedmunicipalities is traversed.

Section 2. R.S. 47:1003(11)(b) is hereby amended and reenactedto read as follows:

§1003. Definitions As used in this Part, the following words have the meaning

ascribed to them in this Section unless the context clearly indicatesotherwise:

* * *(11)

* * *(b) "Gross receipts" of a motor freight line, as defined in R.S.

47:1003(5), or a contract carrier by bus, as defined in R.S.45:162(7)(b), shall include only receipts from billings for theactual transportation or movement of property or passengers andshall not include any other receipts which are incidental to thetransportation or movement of property or passengers, includingreceipts from the imposition of a fuel surcharge, even if thereceipts are a direct or immediate result of the transportation ormovement of household goods, passengers, or waste. Section 3. This Act shall become effective upon signature by the

governor or, if not signed by the governor, upon expiration of the timefor bills to become law without signature by the governor, as providedby Article III, Section 18 of the Constitution of Louisiana. If vetoed bythe governor and subsequently approved by the legislature, this Act shallbecome effective on the day following such approval.

On motion of Senator Barham, the committee substitute bill wasadopted and becomes Senate Bill No. 120 by Senator Landry, substitutefor Senate Bill No. 81 by Senator Landry.

SENATE BILL NO. 120 (Substitute for Senate Bill 81 bySenator Landry)—

BY SENATOR LANDRYAN ACT

To amend and reenact R.S. 47:1003(4), relative to gross receipts tax; toexempt certain contract carriers from such tax; to provide foreffective date; and to provide for related matters.

The bill was read by title; lies over under the rules.

SENATE BILL NO. 103—BY SENATOR LANDRY

AN ACTTo amend and reenact R.S. 47:820.4, relative to funding; to provide for

the duration of the TIMED program; to provide relative to therefunding of bonds issued for such program; and to provide forrelated matters.

Reported with amendments by the Committee on Revenue andFiscal Affairs.

SENATE COMMITTEE AMENDMENTS

Amendments proposed by Senate Committee on Revenue and FiscalAffairs to Original Senate Bill No. 103 by Senator Landry

AMENDMENT NO. 1On page 1, line 10, change "on December 31, 2003 at" to "fifteen yearsfrom the date of the imposition of the tax described herein"

AMENDMENT NO. 2On page 1, line 11, delete "eleven o'clock p.m.,"

On motion of Senator Barham, the committee amendment wasadopted. The amended bill was read by title and ordered engrossed andpassed to a third reading.

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SENATE BILL NO. 115—BY SENATOR LANDRY

AN ACTTo amend and reenact R.S. 47:301(10)(o), relative to sales and use tax;

to exclude from such tax the sale or purchase of equipment usedin firefighting by fire departments; and to provide for relatedmatters.

Reported with amendments by the Committee on Revenue andFiscal Affairs.

SENATE COMMITTEE AMENDMENTS

Amendments proposed by Senate Committee on Revenue and FiscalAffairs to Original Senate Bill No. 115 by Senator Landry

AMENDMENT NO. 1On page 1, line 14, after "fighting by" insert "bona fide volunteer andpublic"

On motion of Senator Barham, the committee amendment wasadopted. The amended bill was read by title and ordered engrossed andpassed to a third reading.

Message from the House

SIGNED HOUSE CONCURRENT RESOLUTIONS

May 19, 1998

To the Honorable President and Members of the Senate:

I am directed to inform your honorable body that the Speaker of theHouse of Representatives has signed the following House ConcurrentResolutions:

HOUSE CONCURRENT RESOLUTION NO. 40—BY REPRESENTATIVE WIGGINS AND SENATOR DYESS

A CONCURRENT RESOLUTIONTo commend and to congratulate Pineville High School for having

members of its student body named the state's Most ValuablePlayers in boys and girls class AAAA basketball.

HOUSE CONCURRENT RESOLUTION NO. 41—BY REPRESENTATIVES HAMMETT AND BRUNEAU AND SENATORHAINKEL

A CONCURRENT RESOLUTIONTo designate September 29, 1998, as Jerry Lee Lewis Day in Louisiana.

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.

Privilege Report of the Committee onSenate and Governmental Affairs

ENROLLMENTS

Senator Dardenne, Chairman on behalf of the Committee onSenate and Governmental Affairs, submitted the following report:

May 19, 1998

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 Resolutions have been properly enrolled:

SENATE RESOLUTION NO. 6—BY SENATORS ROMERO, CASANOVA, CRAVINS, HINES, JORDAN,SIRACUSA AND THEUNISSEN

A RESOLUTIONTo commemorate the beginning of the University of Southwestern

Louisiana on the occasion of its centennial.

SENATE RESOLUTION NO. 7—BY SENATOR HINES AND REPRESENTATIVE DEVILLE

A RESOLUTIONTo commend the players, coaches, managerial personnel, and

statisticians of the Pine Prairie High School girls' softball teamupon its excellence during the 1998 season that culminated in itswinning a first Class B state high school softball title and incompiling a record of 25-1 and a district record of 6-0.

SENATE RESOLUTION NO. 8—BY SENATOR HINES AND REPRESENTATIVE DEVILLE

A RESOLUTIONTo commend the players, coaches, managerial personnel, and

statisticians of the Sacred Heart High School girls softball teamupon its excellence during the 1998 season that culminated in itswinning a third consecutive Class A state high school softball titleand in compiling a record of 30-2 and a district record of 10-0.

SENATE RESOLUTION NO. 9—BY SENATOR LAMBERT

A RESOLUTIONTo provide relative to the membership of the Bayou Manchac-Alligator

Bayou-Spanish Lake Study Commission and the deadline for thecommission to submit its report to the Louisiana Senate, theDepartment of Culture, Recreation, and Tourism, and theDepartment of Wildlife and Fisheries.

Respectfully submitted,JAY DARDENNE

Chairman

The foregoing Senate Resolutions were signed by the President ofthe Senate and presented to the Secretary of State by the Secretary.

Adjournment

Senator Bagneris moved that the Senate adjourn until Wednesday,May 20, 1998 at 4:00 o'clock P.M.

The President of the Senate declared the Senate adjourned until4:00 o'clock P.M. on Wednesday, May 20, 1998.

MICHAEL S. BAER, IIISecretary of the Senate

GAYE F. HAMILTONJournal Clerk